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JOURNALS
of the

House

of Burgesses
of

Virginia

1727--1734 1736--1740

THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA


RIVERSIDE

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The Houfe
of

of Burgeffes

Virginia

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Five Hundred Copies

Printed prom Type.

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JOURNALS
of the

House o/Burgesses
of

VIRGINIA
1727-1734

1736-1740

Edited by

H. R.

McILWAINE

RICHMOND, M CMX

Virginia

CONTENTS
Burgesses Introductory Note
vii

xi
xii

Preface
Journal, 1727
Journal, 1730

57
115

Journal, 1732 Journal, 1734 Journal, 1736 Journal, 1738


Journal, May, 1740

171

239

319
391

Journal, August, 1740

437
445

Appendix
Index

449

LIBRARY BOARD VIRGINIA STATE LIBRARY


ARMISTEAD
C.

GORDON,

Chairman

JOHN W. FISHBURNE

THEODORE
S. S. P.

S.

GARNETT

PATTESON

EDMUND PENDLETON

: :

: :

BurgefTes for the Affembly


of 1727-1734.
Hence, the Affembly of 1727-34 there is no contemporary lift of members. which member ferved, a fince the Journals give only in exceptional cafes the county for and only rarely his full name, though it has not been a fimple matter to fit the members

FOR

The information obtained from the has not been impoffible. inferences from facts has occafionally but Journals themfelves moftly ftated facts, been fupplemented by information obtained from the county court record books, from the incomplete lifts of members given in Stanard's "Colonial Regifter" for the four feffions of this Affembly (M' Stanard's fources being the county court record books, the Virginia Gazette, and the Journals of the Council), and the complete lifts of memto their conftituencies
it

bers for the Affemblies of 1723-26

and 1736-40 copied

in the "Colonial Regifter"

from

contemporary
lift is

original

lifts.

Therefore, the hope

may

be expreffed that the following

accurate.

Accomack
Brunfwick
Caroline
:' :'

William Andrews' Sacker Parker

Hanover
Henrico

John Syme
Nicholas Meriwether Richard Randolph

Richard Buckner* John Martin

John Boiling
Ifle of

Wight:
:

Charles City

Elizabeth City
Effex:
Gloucefter

Samuel Harwood John Stith Robert Armiftead'


Hollier

James City

William Bridger' Jofeph Godwin* Jofeph Egglefton-"

John Eaton

Salvator Mufcoe*

Jameftown King & Queen


King George:

Archibald Blair"

William Daingerfield
Francis Willis

Henry Armiftead
Goochland
:'

John Robinfon George Braxton Nicholas Smith" William Strother"


Philip

Dudley Diggs John Fleming

King William
office of infpecftor (p.

Whitehead
(?)

Thomas

Carr

William Andrews accepted the

up), and was fucceeded by Samuel Ewell,

who died a few days

before the clofe of the fourth feffion (229).

' The formation of Brunfwick was provided for by a law paffed in 1720 (Hening, IV, 77-79), but it does not appear to have become a fully formed cotmty till 1732. Its county coiu-t records date back to that year, and in that year it was reprefented probably not earlier in the Houfe of Burgeffes. The names of the reprefentatives do not certainly appear. Mr. Henry Fox was polfibly one of them. 3 Caroline county was formed by a law paffed at the firft feffion of this Affembly (p. 52 ), reprefentatives for it appearing firft at the fecond feffion (p. 57). 4 Richard Buckner died fome time before the opening of the fourth feffion (p. 173). It is uncertain who fucceeded him. s Robert Armiftead accepted the office of fheriff fome time before the opening of the third feffion He was probably fucceeded by Merit Sweney. (p. 119). ' Salvator Mufcoe accepted the office of fheriff fome time before the opening of the third feffion (p. He muft have refigned from his pofition and been re-eledled to the Houfe, however, for the name 119). "Mufcoe" appears later in the Journals (163,19s), and the Effex county court order book fhows that he was paid for his fervices as burgefs on November 19, 1734. ' Goochland was formed from Hanover according to a law paffed at the firft feffion gf this Affembly. Its reprefentatives appeared for the firft time at the fecond feffion (pp. 52 and 57). ' John Syme, dying, was fucceeded by Matthew Anderfon (135-6). 9 Before the opening of the third feffion, Mr. William Bridger died and Mr. Jofeph Godwyn was appointed an infpedtor of tobacco. It does not appear beyond doubt who fucceeded them, though probably Mr. Applewhaite (pp. 140,185) was the fucceffor of one. ' Mr. Jofeph Egglefton died before the opening of the third feffion. His fucceffor does not beyond doubt appear. It was probably, however, Mr. Henry Power. ' Archibald Blair died fome tinae preceding the opening of the fourth feffion (p. 173). He was probably fucceeded by his fon Jno. Blair; the name "Blair" appears in the Joiu-nal for the fotirth feffion (i83flf) " Both Mr. William Strother and Mr. Nicholas Smith died before the opening of the fourth feffion. One was fucceeded by Mr. John Champ (pp. 193, 195, 208), and the other probably by Mr. William Robinfon

(194).

: :

::

viii ]

Lancaf ter
Middlefex

Charles Burgefs-J

Prince William

:>

Peter

Hedgman

Nanfemond

Edwin Conway Matthew Kemp' Edwin Thacker David Meade


Lear

Dermis McCarty

Richmond
Spotfylvania
Stafford:

John Tayloe'9
Charles

Grymes

Auguftine Smith

New Kent:
Norfolk:

Richard Richardfon'i

Henry Willis John Fitzhugh'o


Thornton John Simmons Henry Harrifon" William Rofcoe"
William Harwood Geo. Eskridge Thomas Lee 'j John Clayton George Nicholas" John Holloway, Speaker Lawrence Smith

Bacon
William Crafford'* (Crawford)
Surry:

Northampton
Northumberland
Princefs

Samuel Boufh Peter Bowdoin"

Warwick
Weftmoreland
Williamfburg William & Mary

Thomas Marfhall"
George Ball
Peter Prefley

Anne

Land Anthony Walke


Robert Boiling

:'

York:

Prince George

Thomas Ravenfcroft
Mr. Charles Burgefs died (p. 173), and was fucceeded by Mr. James Ball. Mr. Matthew Kemp, fome time preceding the third feffion, was appointed to feveral "offices of He was probably fucceeded by Thomas Price. profit" under the government (p. 119). 5 Mr. Richard Richardfon accepted the office of fheriff (p. 119). His fucceffor in the Houfe was

'4

probably William Baffett. * William Crafford accepted the office of fheriflf (p. 173). It is uncertain who his fucceffor was probably Mr. Wilfon (196). " Mr. Peter Bowdoin accepted the office of infpecftor of tobacco fome time before the opening of the third feffion of this Affembly (p. 119), and Mr. Thomas Marfhall the fame pofition fome time before the opening of the fourth feffion (174). Itis uncertain who took their places ' Burgeffes for Prince William firft appeared in the third feffion. the county having been formed according to law paffed in the fecond feffion (1730). ' Mr. John Tayloe was advanced to the Council in the latter part of 1732 (p. 173), and was fucceeded by Mr. Daniel Hornby. * Mr. John Fitzbugh died before the opening of the fourth feffion. It is not known who was his fucceffor.
' After the clofe of the fecond feffion, Mr. Henry Harrifon was advanced to the Coimcil. He was fucceeded in the Houfe by Mr. William Gray. > Mr. William Rofcow (Rofcoe) accepted the pofition of fherifl before the opening of the third feffion He muft have refigned from his pofition, however, and been reeleAed, for the Journal fhows that (p. 1 19). a Mr. Rofcow was a member of the Houfe at this and the next feffion (p. 183), and William Rofcow was a member for the next Affembly. 3 Mr. Thomas Lee was advanced to theCouncil in 1734-33 (p. 173), and was fucceeded by Mr. Daniel McCarty. A reprefentative from William & Mary did not take his place in the Hoiife of Burgeffes till the and feffion of this Affembly, the truftees not having till fhortly before the opening of the feffion turned over the management of its affairs to the prefident and mafters. 's Mr. George Nicholas died (p. 173), and was fucceeded by Sir John Randolph.

: :: : : : ::

:: ::

: :: :

BurgeflTes for the

AiTembly

of 1734-1740.
Accomack
Amelia
Brunfwick
Charles City
Caroline

Henry Scarburg'
Sacker Parker'

King William
Lancafter
Middlefex

Cornelius

Lydc"

Leonard Claiborne

Edward Booker
Richard Jones

Edwin Conway
James Ball

Henry Embry John Wall


William Acrilb B. Harrifon Robert Fleming*

Thomas

Price"

Edmvmd
Nanfemond
Daniel

Berkeley

Pugh

Lemuel Riddick"

New Kent
Norfolk:

William Macon
Doran'3

Jonathan Gibfons
Elizabeth City
Effex:
Gloucefter

W. Weftwood
Merit Sweney

William Craford'*

Tho. Waring Salvator Mufcoe


Francis Willis

Northampton
Northumberland
Orange
Princefs

Samuel Boufh Math. Harmanfon P. Bowdoin


Peter Prefley

Lawrence Smith*
Goochland

Edward Scott' James Holman


William Meriwether Robert Harris Richard Randolph
Jofeph Grey

George Ball Robert Green's William Beverley

Hanover
Henrico

Anne

Anthony Walke
Jacob Elligood
Francis Eppes

Prince George

me

of

Wight

John Simmons

Prince William

James City
Jameftown King George

W. Marable
John Eaton
Lewis Burwell
Charles Carter
Stafford:

Robert Munford Thomas Ofbome'* Valentine Peyton


J.

Richmond

Woodbridge
Fantleroy

Wm.

Henr>' Fitzhugh

Thomas Turner
King
1

&

Queen

J.

Robinfon

Spotfylvania

John Peyton William Johnfon


Rice Curtis"

Gawin Corbin
2

4
5

Henry Scarburg accepted the office of colleftor (p. 392), and was fucceeded by Edward Allen. Sacker Parker died (p. 322), and was fucceeded by Edmund Scarburg (p. 370). William Acrill died (p. 323), and was fucceeded by Richard Kennon. Robert Fleming died (p. 322), and was fucceeded by John Martin. Jonathan Gibfon was declared not duly eleAed (pp. 274-s). He was, however, retximed at a fecond
Lawrence Smith died

election (345)(p. 392), and was fucceeded by Beverley Whiting, whofe eledlion was contefted declared not duly ele<fted (pp. 425-7), but it does not appear who fucceeded him. : Edward Scott died (p. 323), and was fucceeded by Ifham Randolph. 8 There were no burgeffes from Hanover for the firft feffion. (See pp. 256,265-6). John Eaton died (p. 392). It does not appear who fucceeded him. "> Cornelius Lyde died (p. 322), and was fucceeded by John Aylett. " Thomas Price before the beginning of the 4th feffion accepted the office of clerk of the court of MidThis feffion lafted only feven days, however; fo that there was hardly time for the election dlefex (p. 439). of a fucceffor. " Lemuel Riddick accepted the office of fheriff before the opening of the fecond feffion (p. 323). He
'

(pp. 412,414).

He was

was fucceeded, probably, by Mr.

Baker

(340).

Mr. Doran's name does not appear on the contemporary lift of members for the firft feffion of this Affembly. He probably entered the Houfe late in the feffion. It is almoft certain that he fat for New He probably took the place of Mr. Wm. Chamberlayne (p. 245). (See p. 367.) Kent. M The name "Craford" alfo appears as "Crafford" and "Crawford." 5 Robert Green accepted the office of fheriff (p. 392). It is uncertain who fucceeded him. * Thomas Ofbome was expelled (pp. 264-5). He was fucceeded by Peter Hedgman. " Mr. Cvirtis's place was taken in the third and fourth feffions by Mr. Henry Willis.

Introductory Note.

THE
that of

hand contains the Journals of the Houfe of Burgeffes for eight feffions, all the feffions of the Affembly of 1727-34 and the Affembly of The text for the firft two feffions was obtained from tranfcripts 1736-40. of the manufcript copies of thefe Journals in the Public Record Office, London; the remaining Journals, from the collection of printed Journals belonging to
volume
in

the heirs of the late M" C. W. Coleman, of Williamfburg, Virginia, who have kindlypermitted the ufe of them. Since the Journals of the Houfe of Burgeffes began to be printed only in 1732, thofe for preceding years back to 1680* exifting heretofore merely in manufcript, the prefent edition becomes, in its inverfe chronological order of publication, a firft edition for all Journals between 1680 and 1732; it is merely a reprint edition for the Journals from 1732 on to the Revolution. The volume in hand is therefore partly a firft and partly a fecond edition a firft edition in fo far as the Journals
for the

contents.

feffions are concerned and a reprint edition for the remainder of its has not been thought advifable, however, to indicate this change by altering the general appearance of the title pages, the only noticeable difference between the reprmt and the firft edition title pages being the fubftitution in the latter of "Richmond" for "Williamfburg" in the imprint. The text throughout aims to be as heretofore an exadl reproduction of the originals. Where the edition becomes a firft edition, no liberty has been taken by the Editor with the tranfcripts from England, as in thefe none were taken with the manufcripts in the Public Record Office. The fpelling, pundlfirft

two

It

uation, capitalization, paragraphing, etc. of the clerks of the

Houfe

of Burgeffes,

who

governor for tranfmiffion to England, have been followed accurately. Manifeft miftakes made by the clerks have been followed as well as expreffions in reference to which it would be difficult to decide whether they are or whether they are not errors; and for this reafon, that if any liberty at all were allowed, it would be almoft impoffible to know where to draw the line in making corre(5tions, and thus more ferious errors might refult. In the ufe of italics the aim has been to follow the ftyle of the original printed volumes. As an appendix to this volume is printed a petition of the Quakers to the General Affembly, dated Nov. 14, 1738, asking that they be relieved of the payment of
of the Journals to the

fumifhed "copies

parifh levies.
alfo becaufe

The paper
it is

is

interefting, not only

on account

of its fubjedl matter,

but

a very early example of the ufe of a printed petition. It is reprinted here from a copy bound in with the Journals of one volume of the Coleman collection.
Portions of a few Journals antedating 1 680 have been printed in Hening's "Statutes" and "The and Biography." The proceedings of the firft Affembly (1619) were printed the Collections of the New York Hiftorical Society for 1857. as a Virginia Senate document in 1874, and
Early Virginia."

Virginia Magazine of Hiftory


in in Tyler, ed., "Narratives of

[Xli]
the laws paffed at thefe eight feffions are given in Hening's copies of them. Hening's "Statutes at Large," Hening having been unable to fecure publifhed in 1733 and feveral fources were the colle<5lion of printed laws of the Colony in full only the general contained former The laws. feffion manufcript copies of
Unfortunately, not
all

earlier

the time the colleAion was made; and the latter, being the few extant Colony were fent copies of the manufcript adls which before the days of printing in the contained only at the clofe of each feffion of the Affembly to the various county courts, intereft in the be of might as adls private and local the general laws and fuch of the

laws

in force at

counties to which thefe fpecial copies happened to have been originally fent. It thus refults that of the twenty-two adls paffed at the firft feffion of the Affembly of 1727-

paffed at the fecond feffion, 1734, only eleven are found in Hening; of the twenty-nine twenty. It was at this third, only the at only nineteen; and of the thirty-five paffed
third feffion of the Affembly that the printing of the Journals was begun. agreed with William Parks, printer, that the public laws fhould be printed

was alfo by him and


It

a copy delivered to each member of the Houfe, to each juftice of the peace in the Colony, and a well bound copy to the Secretary's ofiice and to each county court in the Colony." The printing of the private ads was not called for in the agreement. All thofe not given One private ad, however, namely, in full by Hening for this feffion are private adls. therein mentioned, made between agreement "An a(5t to confirm and eftablifh an

Thomas Bray, Gent, and John Randolph, Efq.


rights to certain lands, whereof

for the fettlement of their refpective


elder, gent, deceafed, died feifed;

David Bray, the

and

for other purpofes therein alfo mentioned,"" does appear in full. From this it feems that William Parks did flightly more than what he was compelled to do for it is taken for granted that Hening's fource for the laws of this feffion was one of thefe printed copies of adls for the feffion. Later it became the practice for the public printer to print
;

the private adls as well as the public laws.3 Hence for the laft feffion of the Affembly of 1727-34 and for all four feffions of the Affembly of 1736-40 all the adls paffed are

And this is ufually true of all feffions from this time to the full in Hening. Revolutionary War, except of the feffion held in March 1747, for which no laws are given from this it is inferred that Hening failed to difcover a copy of the feffion laws in full for that feffion, obtaining the titles from the Journal of the Houfe of Burgeffesor from
given in

and of the long feffion of 1748-9, at which a general relaws was made and at the fame time the ufual number of private adls were paffed. Many of the laws omitted by Hening are to be found in the Public Record Office, London, and it is hoped that in the not very diftant future thefe may be colleded and publifhed in a volume fupplementary to Hening's monumental collection.
the 1752 edition of the laws
vifal of the

An
up

interefting fact

may

be noted in reference to the Coleman copy of the printed

Journals ufed as the fource of the reprints in this volume.


of the Journals of the

The Coleman book

is

made

from 1732 through 1744. Its binder's title is not "Journals of the Houfe of Burgeffes" but merely "Votes 1732 to 1744," which fhows that the volume muft have been bound not very long after the clofe of the feffion whofe Journal is the laft appearing in it, for the ufe of the term "votes" in the fenfe of a journal of a legiflative body the word ufually applying to one, though that be the moft important one, of the ads of the body being taken to cover the entire proceedings feems not to have continued very long after this date. In the Journals of the Houfe contained in the prefent volume it is ufed in this fenfe at
of Burgeffes for the feffions

Houfe

leaft once.

See pp. 141, 142. Hening, IV, 370-376.

He was
firft

and

for the

required to do this for the fourth feffion of this Affembly, by order of the Houfe (p. a^i), feffion of the Affembly of 1736-1740, alfo by order of the Houfe (p. 314). By this time the

pra<5lice

feems to have become fixed.

Preface
Hiftorical Setting.
period covered by the Journals the Houfe DURING the volume George II was on the throne
of
in this
(i

of Burgeffes printed

of England. The not to be taken in any autocratic fenfe was Sir Robert Walpole, Firft Lord of the Treafury and Chancellor of the Exchequer, as applied to whom tauntingly by his enemies came into ufe the now familiar Walpole's chief aim in government was the prefervation of defignation 'prime minifter

727-1740),

real ruler,

however

but the word


'

is

'

'

peace both abroad and at home, fo that the profperity of the country might abound, bringing with it a quiet acquiefcence on the part of all in the reign of the Houfe of Hanover. And in the main he fucceeded; fo that though the annals of the times are not

with ftirring events, the value to the Englifh nation of the economic and conmade is immeafurable. It is true that in 1727, at the beginning of this period, England was at war with Spain, but the war was one in which not much blood was fhed and which was foon over; it is alfo true that in 1740, at the clofe of the period, England was again at war with Spain, but between the clofe of the firft war and the breaking out of the fecond ten years had elapfed, a long time for the paffions of the Englifh people, inflamed by Walpole's political enemies, to be kept in check. The caufe of the firft war was the determination on the part of Spain to regain the poffeffions loft by her by the treaty of Utrecht. In the purfuance of this determination fhe made an alliance with the Emperor Charles the Sixth, whereby, in return for her fupport of the Pragmatic Sandlion, providing that the hereditary dominions of the emperor fhould go to his daughter, Maria Therefa, a promife of aid was given in recovering the Spanifh poffeffions, efpecially Gibraltar and Minorca from England. In 1727 the Spaniards laid fiege to Gibraltar, but accomplifhed nothing, the emperor having been led by Walpole's diplomacy to remain inactive; and in 1729 was figned the treaty
filled

ftitutional progrefs

and Minorca were left in the was an unfatisfadlory one, fmce its commercial claufes led to fmuggling on the part of the Englifh and repreffion on the part of the Spaniards. A renewal of the war was inevitable, and the length of time that the renewal was poftponed is a tribute to the skill of the prime minifter. It was only after ten years that Sir Robert Walpole was obliged by the demands of the Englifh people to begin hoftilities. Even before the declaration of war, which was made on Odober 19, 1739, Admiral Vernon who as a member of Parliament had done his beft to bring about the war, and who had fpoken much of the weaknefs of the Spanifh colonies, was ordered to capture Porto Bella, the port from which failed the hated guarda-coftas. Since the enemy was unprepared, this he did with little trouble. But the further profecution of the war was
of Seville bringing the

war

to a clofe.

Though

Gibraltar

hands

of the Englifh, the treaty

unfortunate. Admiral Vernon's advice that


rejedled

it

be confined to naval operations being

and a combined military and naval attack on Carthagena having been decided upon. This failed difmally, owing in the main to the inexperience and incompetence of Brigadier General Wentworth, in command of the land forces, whofe dilitorinefs allowed the expedition to be overtaken by the rainy and fickly feafon, during which the troops died by the hundreds. On the 17th of April, 1741, thofe that remained were taken to Port Royal. The expedition againft Santiago alfo proved abortive. Since this war was carried on at the very doors of the American colonies, and to a certain extent in their intereft, it was but natural that they fhould be called upon by the home government to furnish their quotas of the troops. This they did with greater or lefs alacrity, the colonial contingent being under the command, firft of Governor Spotfwood, and then, on his death before the troops failed for the Weft Indies, of Governor Gooch, of Virginia.

[xiv]
In the time of peace between the clofe of the firft and the beginning of the fecond a peace which Walpole prefen-ed fo far as Englatid was concerned though on the ^,ar continent of Europe the war of the Polifh Succeffion was going on for a year or two and the Family Compa<5l (bringing France and Spain into alliance againft Auftria and

England) had been figned the moft noteworthy domeftic occurrence was the f truggle over the Excife Bill which took place in 1733. The fcheme embodied in the Excife Bill was, in bare outline, to require that all tobacco brought into England fhould come in duty free but fhould be ftored in public warehoufes, and when taken from thefe for home confumption taxed at a fair rate, no tax whatever, however, being impofed on it when
exported.

The fcheme was an eminently

wife one from almoft everj^ point of view:

fmuggling would have been diminifhed, the revenues increafed, honeft traders encouraged, the troublefome queftion of rebates done away with, and the colonial producers of
tobacco (being able either in perfon or through agents to examine the books kept at the warehoufes) would not have been fo often defrauded by difhoneft merchants. The people of Virginia were heartily in favor of the bill. Some time before the meafure was introduced, the General Affembly fent an agent to England to ask that an a(5l of this
nature be paffed; and his affiftance muft have been highly valued by the miniftr\', for before his return to Virginia he had been knighted by the king. Notwithftanding its many advantages, however, the bill was fo violently oppofed that Walpole, true to
his policy of preferring the peace,

tax on the article


that time

when taken out


unpopular to

of the
kill

withdrew it. Unfortunately, the word naming the warehoufes was the word "excife," a word at
the meafure.

fuflficiently

Affembly of 1727-1734.
Firft Seffion.
of this Affembly met in Williamfburg on February i, 1727 (old and was prorogued on March 30, 1728. The memberfhip of the Houfe confifted of fifty-eight, two members each from twenty-eight counties and one each from Jameftown (or James City as it was at that time more ufually called) and Williamfburg; and there were prefent on the day of opening forty -fix, to whom the various oaths appointed were adminiftered by four members of the Council deputed for for this duty by the governor.* The ftanding committees with which the bufinefs of the feffion was begun were the committee of privileges and elections, committee of public claims, and the committee of propofitions and grievances. Later on, however, a committee for courts of juftice was appointed to inquire into the reafons for delays in the courts of juftice and to bring in a bill defigned to remedy them. The committee was found fo ufeful that in future feffions it was continued as one of the ufual ftanding committees of the Houfe. The principal bill reported by this committee was the one which on its paffage was entitled "An adl for preventing delays in courts of juftice; for expediting and better fettling the proceedings in the General Court; and for the more fpeedy and eafy recovery of fmall debts; and for repealing an adl for obligfirft feffion

THE

ftyle),

ing attorneys, profecuting fuits in behalf of perfons out of the country, to give fecurity

and damages and declaring in what manner fuch fecurity fhall be and was an exceptionally able meafure, a fadl recognized by the Houfe, as was alfo the fa(5t that it was the work in the main of John Clayton, the attorneylater general, chairman of the committee, in the paffage by the Houfe of arefolution agreed to by the Council that the chairman be given twenty pounds for his unufual ferv-ices. In order that trial might be made of the law, it was provided that it fhould be So well did it ftand the teft, however, that at the May in force for only four years. 1732 feffion of this Affembly it was ena(5led, "That the beforementioned adl [that is, the adl whofe title is given above], and every claufe, matter, and thing therein contained, fhall ftand and remain in full force, and be perpetual."' The committee of propofitions and grievances, having affigned to it the duty of examining the Journals of the preceding feffions of the Houfe in order to find out what matters had been left imdetermined and what temporary laws had expired fince the laft meeting, in addition to the more ufual duties to be expedled from a committee bearing its name, was the bufieft committee of the feffion, though the committee of privileges and eledlions, with a much fmaller memberfhip, was, owing to the number and importance of the contefted eledlion cafes brought to its attention, not far behind. An interefting eledlion cafe was that of M"" John Holloway, fpeaker of the Houfe and treafurer of the Colony. M'' Holloway had been eledled a member for York county and alfo for Williamfburg, a refult very tmufual but one which the law itfelf did not render impoffible, for the reafon that, as in England, it was not neceffary that the member of the Houfe be a refident of the county or town he reprefented. In fuch a cafe the member had, of courfe, to choofe which conftituency he preferred to fit for, and then M"" Edward Tabb, feeing in the it was neceffary to order a new eledlion by the other. fituation a chance, probably, for his own eledlion to the Houfe from York if M"" Holloway
for paying all cofts
;

hereafter given,"'

could be induced to choofe to


tion the eleftion

fit

for Williamfburg,

gave out that he intended to quef-

and return of M"' Holloway from York, but could not be induced by the committee of privileges and elecftions, though invited to do fo, to prefer his charges, faying that he would wait till M"^ Holloway had made his choice. His hope was evidently
<
5

'

See p. 3. Hening, IV, 182. Hening, IV, 323.

xvi

Holloway would decide to fit for Williamfburg. His that in order to avoid trouble M^ Houfe on the eighth day of the feffion, when it hope was, however, fruftrated by the that no petition fhould be received from M' proceedings refolved toward the clofe of the after the rifmg of the Houfe on that queftion Tabb looking toward the opening of the make his choice the following day. No day It was alfo ordered that M^ Holloway handed in by M^ Tabb, fmce he had no time to do this even had he really
petition

was

and, being thus relieved of day chofe to fit for York.i


defired;

all poffible

embarraffment,

M--

Holloway the next

fundions occafionally exercifed by the Houfe are well exemplified at and Jacob Walker* and that of Thomas Barnes, this feffion in the cafe of James Wallace and Walker were juftices of the peace for Wallace Matthew Bean, and Jofeph Sanford.^ certify a petition to the General Affemthe county of Elizabeth City, and had refufed to Brought before the bar of the their duty to do. blv, which, according to law, it was petition to be falfe and that, the matter of the knew Houfe, they explained that they not genuine. Neverthelefs, were furthermore, the fignatures, with a few exceptions,

The

judicial

Thomas Barnes, they were reprimanded by the Houfe and compelled to pay cofts. procuring in the fraudulently with charged were Sanford Matthew Bean, and Jofeph petition fignatures to comconteftant, a the interefts of the gentleman firft mentioned, plaining of the eledlion of M-- Thomas Lee and M"- George Eskridge to reprefent Weftmoreland county in the Houfe. They were ordered before the bar of the Houfe and
reprimanded.

Another cafe illuftrating a clafs of cafes, not infrequent, in which judicial powers were exercifed thofe in which the privileges of members of the Houfe were involved was that of Edward Weft, againft whom the complaint was made by M-- Andrews, a member of the Houfe, that Weft had "groffly abufed and affronted" him "in breach of
the privilege of the Houfe." He was haled before the bar of the Houfe by the fergeant at arms, reprimanded by the fpeaker, and compelled on his knees to ask the pardon of
M''

Andrews.'"

Moft of the bills introduced originated in the Houfe. Four, however, and thefe the moft important, had their origin in the Council. They were all finally paffed by both houfes. They were: i. "An a6t for the better fupport of the clergy of this dominion; and for the more regular colleAing and paying the parifh levies,"- the objedl of which was to explain the ambiguities in exifting laws and to improve them by additions relative to the paying of parifh levies; 2. "An adl for making more effedlual provifion againft invafions and inf urredlions, "" giving the governor power to raife from the militia in times of danger fuch forces as might be neceffary to cope with it, and fixing the pay to be received by the officers and men when called out for any length of

among

time;

3.

"An

adl for the better regulating


;

and

afcertaining the current rates of filver

coin within this dominion


into pieces, "'3

and for preventing the evil pradlice of cutting foreign gold by which fuch a valuation was put on the various filver coins which had come into the Colony from Europe and Spanifh America as would prevent them from leaving Virginia for places in which they were more highly valued, fo ufeful were they
as fmall change;
4.

"An adl for prohibiting

the exportation of grain in time of fcarcity,"'*

whereby the governor was empowered, with the advice and confent of the Council, to lay embargoes when deemed neceffary. An examination of thefe adls does not reveal any peculiarities of fubjedl-matter feeming to render it more appropriate that they fhould have originated in one houfe rather than in the other. It would appear, therefore, that at this period of the hiftory of the General Affembly any bill, except a money bill, might originate indifferently in
See pp. 13, 14. See p. 17. 9 See pp. 31, 32. ' See p. 20. " Hening, IV, 204-108. " Hening, IV, 197-204. J Hening, IV, 218-220. ' Hening, IV, 221-222.
^

[xvii]

ftitutional

and that its origination was rather a matter of convenience than of conlaw or cixftom. No bill originated in the Council either at the fecond or the third feflion of this Affembly, but at the fourth feffion two of the bills which finally became laws were Council meafures. The firft of thefe had the title when it left the
either houfe,

more eafy trial of criminals before juftices of oyer and terbecame a law, it had the title "An adt for better regulating the trial of criminals, for capital offenfes.""* The fecond was "An a(5l for amending the adl, entituled, an ad; for fettling the titles and boimds of lands and for preventing unlawful fhooting and ranging thereupon."" It had to do in the main with provifions for conveying land and recording all fales, mortgages, marriage fettlements, deeds of truft, etc., and was a law of fuch importance that, adling on inftru(5lion from the Houfe, the fpeaker, when on the laft day of the feffion he prefented this bill to the governor for his fignature, requefted him to ufe his beft endeavors to obtain the king's affent to it, fo that purchafers of land might feel that their titles were fecure."' The only adl paffed at the firft feffion of the Affembly of 1 736-1 740 originating in the Council was the "Adl for the greater eafe and encouragement of fheriffs,"" the principal objedl of which was the relief of fheriffs from fuits on the efcape of prifoners from jails unlefs negligence on the part of the fheriffs could be clearly proved. At the next feffion alfo only one law originated in the Council, and this a law not of firft rate importance, bearing the title "An adl, for the better preferv-ation of the breed of deer; and preventing unlawful himting."" The Council, however, exercifed to the full always its privilege of offering amendments. The relations between the two branches of the General Affembly at this feffion were in the main friendly, only one epifode occurring which had a tendency to develop difcord. On March 20, juft ten days before the clofe of the feffion, a bill "For the better regulating the payment of the Burgeffes' wages," which had been introduced fome days before, was defeated. On the 25th, however, a bill "For leffening the levy by the poll by paying the falary of Burgeffes in money" was introduced, read the firft time, and later The next day it was read the third time, paffed by the in the day the fecond time. Houfe, and fent to the Council for their concurrence. But this the Council refufed. Whereupon a motion was made in the Houfe that the Houfe fhould refufe to prefent to the governor for his fignature the "Adl for laying a duty upon flaves" which had already been paffed by both chambers, and in which, it may be prefumed the members of the Council, wealthy men and large flave holders, were efpecially interefted, fince the efifedl of the adl would be inevitably to enhance the value of their property. It was ordered that the faid refolution fhould be confidered the following day. The Journals, however, have no further reference to the matter. The neceffary work incident to the the refolution was paffed on the 28th of March and the clofing hours of the feffion probably prevented the difcuffion of a ftep which all muft feffion ended on the 30th have recognized to be highly revolutionary. As for the bill "For the better regulating the payment of the Burgeffes' wages," it, or the fubftance of it, was introduced again at the next feffion of the Affembly and became law. This was the firft meeting of an Affembly held fince William Gooch became the lieutenant governor of the Colony, and his opening and clofing fpeeches are good examples of the fpeeches which during his incumbency of office, for twenty-two years, he was accuftomed to make to his General Affemblies not efpecially happy in wording, but exhibiting at every point the characteriftics for which their author was noted, and which won for him the high refpedl of thofe whom he had been fent to govern, namely, courtefy, The governor bufinefs ability, religious feeling, and, above all, loyalty to the king. explained that the Affembly had been called to meet at this unufual feafon of the year
Council
a(5t

"An

for the

miner.""

When

it

in order that the people of the


See p. 198. Hening, IV, 403-405. " Hening, IV, 397-402. '8 See p. 233. '9 Hening, IV, 487-492. Hening, V, 60-63.
's

Colony might be able to regulate the planting of their

'*

[xviii]
it was fuppofed would be paffed, tobacco in accordance with the law on the fubjedl which provifions only till the clofe of own its to according the law then in effed; continuing confideration of the Affemfpecial for the this feffion. The other matters recommended the eredtion of a light-houfe on bly were the repairing the battery at Point Comfort, prevention of delays in the courts of the for means of difcovery Henry, and the

Cape

juftice.

prevention of delays in the courts of the governor as to the lightof juftice has been given above. The recommendation houfe at Cape Henry refulted in the prompt paffage of an adt defigned to effed that refult," with, however, a claufe fufpending the execution of the ad till the Affembly of

The adion

of the

Houfe

in reference to the

expenfe of building and maintenance and until the king fhould fignify his affent. The law on the fubjed; of tobacco then in effed; was continued with a few alterations and amendments." The outcome of the governor's recommendation in reference to the battery was a refolution of the Houfe^j to the effed; that the battery ought by all means to be repaired and maintained, but that the expenfe ought to be borne out of the revenue of two fhillings per hogfhead on tobacco exported, fifteen pence per ton on fhipping, and fix pence per poll on all perfons imported, thefe taxes having been impofed for juft fuch purpofes. The Houfe, though it refped;ed the Governor highly, and evinced this refped; by voting him a prefent of five hundred

Maryland fhould agree to bear part

of the

pounds,'"
for.'s

was unalterably oppofed

to taxing the people for purpofes already provided

An important piece of bufmefs tranfad;ed by the Affembly at this feffion was the appointment of an agent to reprefent the Colony in England in an effort to fecure the repeal of an Englifh law recently paffed prohibiting the "importation of tobacco ftripped from the ftalks."'*' The two houfes joined in drawing up an addrefs to the king and a petition to Parliament fetting forth their objed;ions to the law, and appointed M"" John Randolph, clerk of the Houfe of Burgeffes, fpecial agent to prefent the two and to fecure the refult which was their aim. The determination of the General Affembly to fend over a fpecial agent from Virginia to attend to this piece of bufmefs was no doubt reached on account of the diffatisfad;ion with the refults obtained by the Englifh agent recently employed in a cafe fomewhat fimilar. There had been paffed at the preceding feffion of the Affembly an ad to lay a duty on liquors, and a M'' Leheup had been retained to fecure the king's affent. Though he was fuccefsful in his objedt, his fee was confidered fo exorbitant that the Houfe refufed to allow it.=' Of the public ads paffed at this feffion two contained the fufpending claufe, that is, it was provided in each cafe that the ad was not to become law till fand;ioned by the king. Thefe were "An ad for laying a duty on flaves imported, and for appointing a treafurer" and "An ad for ered;ing a light-houfe on Cape Henry," the ad; already referred to abo\'e. Neither was affented to by the king, fince the wifhes of the Englifh merchants and fhip owners prevailed. The ad; to ered; a light-houfe at Cape Henry was alfo oppofed by Lord Baltimore."'^ This feffion is further noteworthy for an order given by the Houfe on February 2 2 that an agreement be made with William Parks, printer, for the publication of a complete colledion of the public laws of the Colony then in force. The committee appointed to fupervife the work confifted of M"' John Holloway, then fpeaker of the Houfe, M"' John
Clayton, attorney-general,

and

Archibald Blair

(thefe three being

members

of the

' See
"

p. 50.

See p. 50. "3 See p. J 6. '* See p. 28. 's The law relied on by the Houfe in fupport of its pofition was the one of 1680 entitled "An adt for raifing a publique revenue for the better fupport of the government of this his majefties colony" brought over from England by Lord Culpeper already framed for paffage, and paffed accordingly. It was one of the fundamental laws of the Colony, remaining in force throughout the colonial period. (See Hening, II, 466469.)

See Statutes at Large (Great Britain; edited by Jno. Raithby), IV, 640. See p. 45. See Sainfbury Abftrafts of Documents in the Public Record Office, London, Vol. IX, p. 386 Sainfbury Abftra<5ts are in manufcript in the Virginia State Library.
<>

"

flf.

The

[xix]
Houfe),
M"'

John Randolph, clerk


M''

of

the

Hotife (fubfequently Sir

fpeaker of the Houfe), and


petent

William Robert fan, clerk of the Council

the moft com-

John Randolph,

to a fuccefsf ul conclufion," the

whom to entruft it. The work was pufhed through volume appearing in 1 733 The following is its title page "A CoUedlion of all the A(5ls of Affembly now in Force in the Colony of Virginia with the titles of fuch as are expir'd or repeal 'd And Notes in the margin fhowing how and at what time they were Repeal 'd. Examined with the Records. By a Committee appointed for that Purpofe. Who have added many ufeful Marginal Notes and References. And an Exadl Table. Publifh'd, purfuant to an Order of the Genl. Affembly held at Williamfburg in the year MDCCXXVII. Williamfburg. Printed by Wnt. Parks MDCCXXXIII"
men then
living in Virginia to
.

This was the third printed colle(5lion of Virginia laws, the firft having been printed in London in the year 1662 or 1663 and containing the revifal of 1661-1662, and the fecond having been printed in London between the years 1684 and 1687.

Second Seffion.
The fecond feffion of this Affembly continued from May 21 through July 9, 1730. The memberfhip of the Houfe fhowed an increafe of five over what it had been the preceding feffion, Caroline and Goochland counties, eredled by the Affembly at their former meeting, fending reprefentatives, and a member fitting for William & Mary College, which now, the affairs of the inftitution having been placed by the truftees in the hands of the prefident and mafters, had by charter the right to reprefentation. The governor was able in his opening addrefs to announce that, peace having been made between Great Britain and Spain, the time was propitious for enacting wife laws regulating the trade of the Colony. Since the trade in tobacco, the great ftaple, had
fallen into a miferable condition, he

fubmitted for

its

regulation in every detail a plan

which had already been approved by the Board of Trade in England, and which needed only fuch improvement as the wifdom and experience of the members of the General Affembly might fuggeft. He laid before the Affembly two inftrudlions one concerning "the honour of Almighty God not yet by law fufficiently fecured" and the other concerning bankrupts in England having eftates in Virginia.3 He advifed that there be reenadted fuch of the features of a law paffed in 1705 for limiting fuits on judgments and obligations as were not repugnant to the Englifh ftatutes, the law itfelf having been lately repealed by proclamation ;3' and that laws be paffed adequate to the punifhment of thofe guilty of burning tobacco houfes and of fimilar crimes. The recommendation was made that John Randolph, who had fucceeded in his miffion to England, be adequately rewarded for his fervices. All the matters referred to by the governor were confidered by the Houfe, and adls paffed in reference to them, with the exception of the queftion of bankrupts in England who had eftates in Virginia and the eftablifhment of a fchool fyftem, the latter being one of the means, fet forth in the inftrucftion referred to in the governor's fpeech, for fecuring "the honour of Almighty God." In reference to thefe it was ordered that their confideration be poftponed till the next feffion of the Affembly.3 As one means, however, of advancing the objedl fought in the inftrudlion the law was paffed bearing
:

the

title

"An
and

adt for
reftraint

enforcing the adt, intituled.

An

adt for the effedlual fuppreflion

of vice;

and punifhment

of blafphemous, wicked,

and

diffolute perfons;

and

for preventing inceftuous marriages

and copulations. "33

The other laws paffed in an endeavor to carry out the recommendations of the governor were the following: i. "An adl for afcertaining the damage upon protefted
See
3

p. 225.

Sainfbury, IX, 313, 324, 393 ff. The bifhop of London, whofe diocefe included the American colonies, had interefted himfelf in getting the Board of Trade to fend the firft inftrucftion; the Britifh merchants were, of courfe, behind the fecond.
3'

33

33

Sainfbury, IX, 426 ff. See p. 63. Hening, IV, 244-246.

[XX]
exchange: And for the better recovery of debts due on promifory notes: And notes,"" to take the place of "An adt declarfor the affignment of bonds, obligations, and and accounts, fhall be in force, for the obligations, ing how long judgments, bonds, affignment of bonds and obligations, diredling what proof fhall be fufficient in fuch cafes;
bills of

and

damage upon protefted bills of exchange," 3s which were repealed, the principal difference between the two being that greater certainty in the profecueffedled by the former, tion of thofe guilty of drawing fraudulent bills of exchange was
afcertaining the
limitations of time in

might be brought on bills, bonds, etc., were fet, thus leaving operative the Englifh ftatutes on the fubjedl; 2. "An adl to prevent the malicious burning tobacco houfes, and other houfes and places: For taking away clergy

and no

which

fuits

from certain offenders And for punifhing acceffories to felonies, and receivers of ftolen goods, "3- one of the main features of which was the taking away the privilege of pleading the benefit of clergy from thofe accufed, thus removing the means ufed by offenders before this of efcaping the extreme penalties inflidted by the laws; 3. "An adt for amend:

ing the ftaple of tobacco; and for preventing frauds in his Majefty's cuftoms,"^' the moft important law by far paffed at this feffion, being the redudlion into proper form

prolonged ftudy by a fpecial committee of which the attorney -general, probably the ableft member of the Houfe, was chairman, and by the Houfe itfelf in numerous feffions of the committee of the whole) of the fcheme propofed by the governor for regulating the trade in tobacco, as the cultivation of tobacco had been regulated by
(after

the

a(5l

paffed at this feffion having the


effedlual

title

"Anadt
:

for repealing the adt for the better

improving the ftaple of tobacco: And for the better execution of tending feconds And for the further prevention thereof, '3' the two adls together providing for almoft every conceivable tranfadtion in the great

and more
the laws

now

in force againft

'

ftaple of the Colony.

The recommendation of the governor that M'' Randolph be paid a fum commenfurhis fervices was enthufiaftically adopted by the Houfe, which voted, nemine with ate contradicente, that one thoufand pounds be given him. 39 It was further ordered that M'' Randolph's report of his tranfadlions in England fhould be printed. A very important queftion demanding the attention of the Houfe at this feffion was that of the right of a member to hold office as a fheriff. It came up for confideration owing to the fadl that fince the clofe of the preceding feffion feveral members of the Houfe had accepted appointments and were then holding office. A fpecial committee appointed to fearch the Journals for precedents, reported two cafes fhowing that in the paft fervice in the two pofitions had not been permitted,i and an adt was paffed without difficulty prohibiting any fheriff from fitting as a member of the Houfe, and
exempting members from appointment as fheriffs. The adt alfo provided that the acceptance by a burgefs of a pofition of profit under the government rendered the
eledtion void.
all this, of

courfe, Englifh precedent

The burgefs might, however, be reeledled by was clofely followed.

his conftituents."'

In

very interefting adt paffed, as fhowing the tendency of the General Affembly toward a certain meafure of toleration, is the "Adt to exempt certain German Proteftants, in the county of Stafford, from the payment of parifh levies. "*" Only the title
of this adt is given in Hening.

The Journals, however, give the fubftance of the petition of the Germans, out of which grew the law, which was to the effedl that they fhould be relieved of parifh levies fince they maintained a minifter of their own nation." This
meafure
of toleration
till

was not

later

extended to other diffenters for

many

years

in

fadl,
34
35 3S 37 38 39

not

the Revolutionary War.


273-275. 377-381. 271-273. 247-271. 241-244.

*
4'

42

43

Hening, IV, Hening, III, Hening, IV, Hening, IV, Hening, IV, See p. 63. See p. 62. Hening, IV, Hening, IV, See p. 63.

292-293.
306.

[xxi

power of the Houfe, as well as its fenfitivenefs to criticifm, is fhown by the cafe of John Mercer and Peter Hedgman, the former the author, and the latter one of the figners, of a propofition certified by the court of Stafford county and prefented to the Affembly in reference to an adt paffed at the preceding feffion of Affembly for encouraging adventurers in iron -works. The paper was declared to be a "fcandalous and feditious libel, containing falfe and fcandalous reflexions upon the Legiflature and the juftice of the General Court and other courts of this Colony,"" and it was refolved that the two gentlemen named were guilty of a mifdemeanor, for which they fhould anfwer at the bar of the Houfe. In courfe of time petitions were received from

The

judicial

both expreffive of their forrow at having incurred the difpleafure of the Houfe, whereupon they were brought before the bar of the Houfe, reprimanded bv the fpeaker, and difcharged, paying fees. The paper, however, with others on the fame fubjedl, had its effed;, for the "Adl for encouraging adventurers in iron -works" paffed at the preceding
feffion,

was amended

in the features obje(5ted to, efpecially in that the coft of

making roads to the iron-works from the fhipping points and from the places of fupply was taken from the fhoulders of the public. 45 The following cafe, alfo, fhows the determination of the Burgeffes to look after their dignity. A refolution was adopted by the Houfe that the wages of the members fhould for that feffion be paid in money in the hands of the treafurer, the proceeds of the tax on liquors imported. It was agreed to by the Council, only one member, M"" Richard Fitzwilliam, diffenting, whofe reafons for his adlion were fpread on the Journal of the Council. When the Houfe heard of this, it was "ordered that a meffage be fent the Council defiring them to give the Houfe a copy. This was done. A committee was appointed to confider the matter. The committee made a full report,"* giving in order M'' Fitzwilliam' 5 reafons for his diffent and the anfwering arguments in each cafe, and at the clofe their recommendations. Two ftatements made by M"' Fitzwilliam feemed to the committee to tranfcend the fphere of legitimate criticifm, namely, that fome of the members of the Houfe of Burgeffes, knowing that the refolution to be effedlive would have to be agreed to by the Council, would for this reafon be more fubfervient to the wifhes of the Council in other matters than independent legiflators fhould be, and that it was "moft unreafenable that a very' few people trading to the Weft Indies fhould be burthened with fo heavy a duty on their liquors with a view only to have the greateft fhare of it diftributed among the Burgeffes." The committee characterized thefe charges as falfe, fcandalous, and malicious, and gave it as their opinion that the views fet forth by M'' Fitzwilliam could have been entered on the Journal of the Council only with the purpofe of bringing the Houfe into difgrace with the king. This much of the report was adopted by the Houfe. But the reft of it, recommending that a reprefentation be made to the king in Council againft Fitzwilliam, failed by a vote of 28 to 29. Since the Journals of the Houfe of Burgeffes would go to the Board of Trade if neceffary, to the king in Council juft as the Journals of the Council would go, the full report of the committee of the Houfe in the matter would come under the official eye of the authorities in England to offset the views expreffed by M"' Fitzwilliam. Hence all that was really neceffary in the premifes was accomplifhed. In this cafe the good relations exifting between the Houfe and the majority of the members of the Council were not difturbed. It was only againft M"' Fitzwilliam that the anger of the Houfe was aroufed.^ And the incident had this good effedt, that it led to the paffage at this feffion of a law clearly fetting forth the circumftances in which it would be allowable in the future for payment of the burgeffes' falaries to be made in money from the central treafury. This law has the title "An adl for the better regof the ore

See p. 66. Hening, IV, 296-^^00. 4' See pp. 97-99. 47 Mr. Fitzwilliam was furveyor-general of the cuftoms of Virginia, Carolina, and Jamaica, and by virtue of his office a member of the Council. The other members of the Council oppofed his having a feat in that body, and the queftion was carried up to the king in Council, by whom it was fettled in favor of Mr. Fitzwilliam. (See Sainfbury, IX, 424, 436, 438, 458.) The Burgeffes did not fail to complain to the home authorities of Mr. Fitzwilliam's condu<ft. (Sainfbury, IX, 494, 513.)
45

[xxii]
"4* and it contained a provifion defigned and payment of the burgeffes' wages, members recently become much too common to remedy abfenteeifm on the part of for abfence in every cafe unlefs occafioned by withheld be fhould which was, that pay

ulation

ficknefs.

The due regard fhown by the Council for the privileges of the Houfe is well illuf"Adl for amending the ftaple trated in the manner in which an important claufe in the the Houfe, it contained no proleft the bill When inferted. of tobacco" came to be feveral warehoufes. Inftead of at for the vifion for the purchafe of fcales and weights once amending the bill by putting in a claufe directing that fuch weights and fcales be bought and fetting forth how they fhould be paid for, the Council asked for a conference with the Houfe, in order to find out whether the latter body concurred in the opinion of the Council that they fhould be paid for from the public money in the hands of the treafurer, and whether it was alfo the opinion of the Houfe that the expenfe of
carrying the
acJt

into execution,

if

greater than the revenue appropriated, fhould be

fame way. The objedl of the Coimcil in proceeding in this manner was "to keep up a good correfpondence" with the Houfe "and to avoid difputes concerning the privileges" of the Houfe. The committee appointed to condudt the conference on the part of the Houfe ha^'ing reported, the Houfe agreed to allow the Council to add

met

in the

a claufe or claufes for the purpofes fet forth. 49 A very valuable part of the Journal for this feffion is that made up of the petition of the Houfe to the king on the fubjedl of the grants made by Charles the Firft and James the Second of the territory in Virginia known as the Northern Neck. In this
to the
bill

paper

is fet

forth at length the hiftory of the feveral grants, the provifions of each,

and

caufes of the diffatisfadlion of the inhabitants of that fedlion of Virginia with refulting conditions. Rendered now by publication generally available, it will be an important
fource of information on the whole fubje(5t.5o
tions

xhe petition was the refult of reprefentamade to the Houfe by dwellers in the Northern Neck of the hardf hips experienced by them in confequence of the grant whofe provifions were then operative. Efpeciall)'

alarming to the inhabitants was the fadl that Lord Fairfax, the proprietor at that time, had come into poffeffion under a fettlement difabling him, according to his contentions,

from granting any


titles.

of the lands in fee fimple,

the validity of the adls both of his

and that he had called into queftion own agents and of agents of former proprietors

granting fee fimple

Third Seffion
The
third feffion of the Affembly

began

May

18

and ended July

i,

1732.

Since

Prince William county had been eftablifhed at the fecond feffion of the Affembly, and

Bnmfwick (formed by law paffed in 1720) was now for the firft time reprefented, the memberfhip of the Houfe was 67. The principal bufinefs of the feffion was the paffage of amendments and additions to the great tobacco law which had been enadled at the preceding feffion of the Affembly. The paramount importance of this law among the laws of the Colony may eafily be inferred from what was faid by Governor Gooch in his fpeech at the opening of the feffion, who gave fome account of the oppofition met with by the a(5l in England and of the oppofition it was then meeting from certain claffes in Virginia. It was the fpecial work of the Affembly at this feffion to fo amend the law as to render it effective in its infpe(5lion features and at the fame time remove the imdoubted hardfhips impofed in many cafes. A great deal was accomplifhed at this feffion, but enough of the problem was left unfolved to require much of the time of the General Affemblies meeting up to the Revolutionary War, and even of thofe of later date. But it was not to the imaided efforts of the legiflative body of Virginia that the members of the Houfe looked for entire amelioration of the condition of the tobacco trade. It was recognized that help had to be fought from the Englifh government itfelf Hence the m otion was made in the Houfe "That the Houfe would take fome meafures,
48 49
so

Hening, IV, 278-280. See p. 100. See pp. 92-96.

[xxiii]

to reprefent to the Parliament of Great Britain, the miferable ftate of the tobacco trade

and to induce them to eftablifh fome better methods of fecuring and coUedling the duties upon tobacco, for preventing the notorious frauds which have long fubfifted, and occafion the intolerable hardfhips that trade at prefent labours imder." It was refolved "That a petition be made, to the honourable the knights, citizens, and burgeffes, of the Parliament of Great Britain, to put tobacco under an excife."s' This refulted, after the whole lituation had been thoroughly difcuffed both in the Houfe and in the Coxincil, in the preparation, not only of a petition to Parliament, but alfo of an addrefs to the king and a letter to the lords of the treafury, and the appointment of M'' John Randolph, who had fo fuccefsfully carried through the former miffion, as agent for the Gondu(5l of the prefent bufmefs, to whom was to be paid the large fum of two thoufand two himdred pounds. s In his opening fpeech the governor made the important announcement that the king, on the petition of the Britifh merchants, had repealed the adt paffed at the laft feffion for continuing the duty on liquors and had fent an inftrudlion prohibiting the laying of any duty on flaves, to be paid by the importer. However, the governor turned over to the Houfe a letter he had received from one of the fecretaries of the Board of Trade, which contained hints as to how bills might be drawn on thefe two important fubjedts that would be allowed by the king to become laws, and one of the adts paffed at this feffion was "An A6t for laying a duty on liquors" and another was "An adt for laying a duty on flaves, to be paid by the buyers, " both of which went into operation. " The difference between the adl paffed in 1730 for laying a duty on liquors, which had been difallowed by the king, and the one paffed at this feffion was that whereas the former adl
contained a provifo that liquors imported in veffels belonging to Virginia owners fhould

pay only half the ufual duties, this was omitted from the adl paffed at the prefent feffion. The complaint of the Britifh merchants of the adl of 1730 was folely diredled againft this claufe.s* The difference between the two adls for laying a duty on flaves was merely that the adl paffed in 1727 called for the payment of the duty by the importer, whereas the adl paffed at the prefent feffion laid the burden on the buyer a burden which would have been fhifted to his fhoulders, of courfe, if the adl of 1 7 2 7 had been allowed to fland, ss The relations between the two chambers of the General Aifembly at this feffion and between the Houfe and the governor remained as amicable as they had been at the

former feffion, though differences of opinion arofe, efpecially as to the proper fund (whether the fvmd arifing from the permanent tax of two fhillings per hogfhead on tobacco exported, of one fhilling and three pence per ton on veffels coming to Virginia from abroad, and fix pence per poll on perfons brought into the Colony, or that arifing from the rather precarious taxes on liquors and flaves) from which fhould be paid various expenfes. The former fund was, according to the preamble of the adl providing for it, "for the maintenance of the governor and feveral other officers and perfons as alfoe for the fort and fortifications, befides many other contingent expences,"56 was kept by the receiver general and under the control of the governor and Council the latter fund was kept by the treafurer, its objedl was the payment of fuch expenfes as would otherwife have to be paid from a fimd made up of colledlions from poll taxes, and was under the control of the entire Affembly, the Houfe more particularly, fince in the Houfe originated
;

money bills. The differences of opinion arifing at this feffion between the two houfes and between the Houfe of Burgeffes and the governor as to the application of the two funds were fimilar to thofe arifing ever fince their origin, the firft in 1 680 and the fecond in 1684, and continuing to the Revolutionary War. The objedl of the Houfe was always to throw as many expenditures as poffible on the former fund and of the Coimcil and the governor to throw them on the latter. The fpecific queftion caufing the difference at
5' 5"

53

M
55 !*

See p. 152. See pp. 152, 159, 160, 161, 167. Hening, IV, 310-322. Sainfbury, I, 116. Hening, IV, 182, 317-322. Hening, II, 466.


[xxiv]

between the Houfe and the governor was whether the payment of certain warehoufes from being deftroyed guards employed to protedl feveral of the tobacco to the law fhould be paid oppofition fuch was the feeling in fome parts of the Colony in or from money in the hands of the out of money in the hands of the receiver general was one of the contingent expenfes expenfe the that maintained treafurer. The Houfe to the execution of the tobacco incident one was of government, and the governor that it the law itfelf, out of the money law and therefore payable, according to a provifion in sr The queftion caufmg the difference of opinion between in the hands of the treafurer. the fees of the attorney general and of the clerk whether was the Houfe and the Council criminals fhould be paid from the of the General Court arifmg from the profecution of revenue arifmg from the tax on liquors. In each cafe the Houfe carried its point, efpecially fmce it was pointed out that the revenue in the hands of the treafurer was exhaufted, and that great fums had been voted to be paid from the amoimt hoped to
this feffion

be raifed by the two revenue adls paffed at this feffion. s*

Fourth Seffion.
The fourth and laft feffion of this Affembly began Auguft 22 and ended Oct. 4, 1734. It was the longeft feffion of a General Affembly held up to that time fmce the Affembly was inftituted, and the work done was of very great importance. The firft entry in the Journal is to the effedl that Sir John Randolph had refigned his pofition of clerk of the Houfe of Burgeffes and that Benjamin Needier, by virtue of a commiffion from the lieutenant governor, had fucceeded him. Though Randolph had not fucceeded in his miffion
an excife law on the part of the Englifh people being at that overcome, he had conducted himfelf in fuch a way as to win the be time too great to approval of the Englifh minifters, by whom he was recommended to the king for knighthood. S9 Returning to Virginia, he faw before the opening of this feffion a good
to England, the oppofition to

opportunity for further advancement in the public fervice, for M'' John Holloway, the fpeaker of the Houfe, was about to retire, and there were various vacancies in the memberfhip of the Houfe, occafioned either by death or the acceptance of offices of profit under the government, to any one of which he fuch was his preftige might probably be ele<5led. Hence his refignation from the pofition of clerk of the Houfe. On the day on

which the feffion began, among the new writs which it was ordered that the governor be asked to iffue for filling vacancies, was one for William & Mary College, a corporation clofe at hand and compofed of only fix or eight voting members. The governor iffued his writ at once, the eledtion took place at once, and Sir John Randolph the next day qualified as member of the Houfe, and on the day following, M'' Holloway having handed in his refignation, was eledled to the fpeakerfhip, and later on in the feffion to the treafurerfhip. The fpeech made by Sir John Randolph in accepting the office of fpeaker is an admirable one of its kind, fhowing him to have been a man of unufual ability, fully worthy of the efteem in which he was held by his contemporaries and of the fuccefs which crowned his efforts. The reafon given by M'^ Holloway for his refignation was the condition of his health, but it was foon found and muft have been fufpedled before the opening of the feffion that his accounts as treafurer were not in a fatisfactory condition. Full examination proved there was a fhortage of one thoufand eight hundred and fifty pounds, which his bondfmen were required in time to make good.*" M'' Holloway having affigned them for their indemnity various mortgages, judgments, and other fecurities, and confeffed a judgment to them in the General Court for the fum of five thoufand pounds, and, in addition, affigned to truftees all his eftate for the fatisfadlion of his debts to his bonds-

See pp. 157, 158, 162. See pp. 161, 162, 163, 167. 59 It fhould be remembered that Sir Robert Walpole was heartily in favor of the paffage of an excife law, and that he introduced fuch a meafure, withdrawing it, however, when he realized the full e.xtent of the oppofition to it. No doubt Randolph had been of great afiiftance to him. <" See p. a 20.
5'

s*

[xxv]

men and

all

other debts, a provifion was, on the petition of thefe bondfmen, inferted in

the "A6t for appointing a treafurer, and for other purpofes therein mentioned"'" that the new treafurer be allowed to receive thefe fecurities and recover on them at once fo

much

as fhould be needed to

being proceeded againft.

make up the amount of the fhortage, the bondfmen not The money needed immediately to difcharge fums owed by
and
flaves the treafurer

the government and payable from the duties on liquors

was to

borrow.
againft.

M'' Hollcnvay, ha\'ing


if

It is doubtful, indeed,

given up his whole fortune, was not profecuted criminally. there was a law under which he might have been proceeded

But, in

fa(5l,

the feeling feems to have been that he


for

was unfortunate rather than

criminal

and that fmce he had

many

years ferved the people faithfully and well, he

time of reverfes brought about by unwife loans, and in the time of his phylical and mental deterioration, be an objed; of commiferation rather than of condemnation and contempt. This feeling is well expreffed in a commimication of the Council to the Houfe^ asking that there be inferted in the 'A61 for appointing a
fhould
in his old age, in the
'

now

mentioned," then under confideration, a claufe granting M"" Holloway fifty pounds a year for his fervices the two preceding years in fettling the accounts of the infpedlors of tobacco, afervicefor which he had not been paid, although in the a<5l then under confideration it was provided that the new treafurer for fimilar fen,'ices in the future fhould receive fifty pounds a year. A motion to this effect had already been defeated in the Houfe, but now the recommendation of the Coimcil was readily agreed to. The governor explained in his opening fpeech that it was on accovmt of the approachit was paffed in 173010 be in force from the firft of ing expiration of the tobacco law that the Affembly had been called toAugiift, 1730, till the loth of November, 1734 gether. He recommended that it be continued with fuch alterations as experience had pointed out to be neceffary, efpecially in regard to the number of the warehoufes, their location, the rents to be paid for them, and the falaries of the infpecftors. He alfo asked that the law to be paffed be ena(5led for a longer period than had been the cafe with the former laws. The General Affembly went to work with a will, adopting the governor's fuggeftions in the main, and including in the revifion of the law many of their own ideas in addition, but refufed to permit the law to run for a longer term than four years. '3 The difficulties of the fituation are feen on almoft every page of the Journal. Efpecially are they fet forth in the addrefs of the Houfe in reply to the governor's opening fpeech. The queftion of the expenfe of carrying the law into execution was a ferious one, for not only had buildings to be put up, infpe(5lors paid, etc., but when a warehoufe was burned, the owners of the tobacco deftroyed with it had to be recompenfed. The fees charged for making infpedlion did not for fome years equal the fum of thefe expenfes. The only other recommendation made by the governor was that amendments be enadled to the militia law. The Houfe went to work with a will on this recommendation alfo, and, having in courfe of time completed a bill on the fubje(5l, entitled "An
treafurer,

and

for other purpofes therein

adl for the

fer\'e in the militia, and for enforcing the up to the Council, by whom it was fo amended as to render it unacceptable in the chamber of its origin. Efforts to bring the two houfes together proving unavailing, the bill was loft. There was reenacfted, however, the law paffed in 1727 for making provifion againft invafions and infurredlions, which

more equal

lifting of

perfons to
it

laws to better regulate the militia," fent

was

to be in force for three years.

Though
prefent,

the feffion

was one

of

hard work on various meafures, and efpecially on

the tobacco law, a meafure affedling in a peculiar manner the interefts of every

member

and courtefy characterifed the feelings exifting between the Houfe and the Council except on one occafion, and then the breach was only of very fhort duration. On the very day before the clofe of the feffion managers were fent by the Houfe to requeft that there be a conference on the
differences of opinion were frequent, kindnefs
"

and

' '3

<

Hening, IV, 433-436. See p. 229. Hening, IV, 380-393. Hening, IV, 395.

[xxvi]

by the Council to a bill paffed by the Houfe rubjea of amendments which had been made though the bill had been fent back recede to and from which the Council had refufed The managers reported that they had it do fo. to that body with the requeft that who faid that it was conmet two members of the Council in the conference chamber, chamber to agree to a conference after for a Affembly trary to the rules of the General the Council could not agree to the therefore and that it had adhered to amendments, manner, probably, in which this deterrequeft of the Houfe. Taking exception to the
mination was expreffed, rather than to the matter of it, the Houfe paffed refolutions come down to us; for they were expunged of condemnation. Thefe, however, have not from the Journal the very next day and were not printed. This happy refult was brought about by an explanation made by the Coimcil to the fpeaker of the Houfe, to the effedl that there had been a mifunderftanding, the Council not intending abfolutely to refufe a conference, but merely to fay that a conference would be unneceffary fmce they had adhered to their amendments. The cotmcil faid further that they were ready
to go into a conference
if

the Houfe defired

it.

The Houfe expreffed

itfelf

as fatisfied

and ordered the erafure of the refolution paffed the day before. The good feeling fhown on all fides at this meeting of the Affembly was fo marked that the fpeaker, who made
an addrefs to the governor on the clofing day of the feffion in lieu of the addrefs of the Houfe which on former occafions had been prepared by a committee, felt called on to comment upon it, diplomatically explaining it by the good example fet by the governor himfelf, who by his civility in the condudl of affairs had fucceeded in banifhing fadlions from the Colony. Befides being a feffion of hard work well done, the feffion is further noted as being one in which the Affembly went on record in a manner more pronounced even than in the paft as friendly to learning in the Colony in the paffage of "An a(5l for the better f upport and encouragement of the College of William and Mary, in Virginia,"''^ after hearing the prefident and mafters of the college at the bar of the Houfe in committee of the whole** on the financial condition of the inftitution. This adl provided regulations the objedl of which was to fecure with certainty the penny a pound on tobacco exported to the other Englifh plantations in America, which had been impofed by the charter of the college, and the duties laid on skins and furs by a law of Virginia of the fourth of Queen Anne, and gave to the college the whole of the duty of one penny per gallon laid on liquors imported, inftead of only two hundred pounds per annum out of this duty, and exempted all connected with the corporation fi-om taxation.
6s **

Hening, IV, 429-433. See p. 215.

Affembly of 17 36- 1740.


Firft Seffion

THE

Affembly of 1727-34 had at their laft feffion been prorogued merely, not diffolved, but in the meanwhile Governor Gooch had concluded that it would be well to call a new Affembly, the feven years allowed by the Septennial A(5l as the life of

an Englifh Parliament being nearly fpent, and it being Governor Gooch's defire, even if he had no inftrudlions on this head, to follow Englifh precedent. The new Affembly remained in exiffence, counting its life from the time

members of the fucceeding Affembly, for about feven years. It had been eledled, and called together to meet firft on Auguft i, 1735, but had been prorogued before meeting, and had not actually come together till Align ft 5, 1736. Following the cuftom, however, adhered to in this fet of volumes it is more convenient to fpeak of this Affembly as the Affembly of Auguft
of the eledlion of its

members

to the time of eleAion of

1736 Auguft 28, 1740, or merely the Affembly of 1736-40, from the date of the opening of its firft feffion and the clofe of its laft. The firft feffion began on Auguft 5, and ended on September 22, 1736. The memberfhip of the Houfe conlifted at this feffion of 71, the Counties of Orange and Amelia having come into exiftence fmce the clofe of the laft feffion of the preceding Affembly,
5,

were prefent on the firft day. Sir John Randolph was eledted fpeaker, though with fome oppofition. His fpeech of acceptance and the fpeeches made by him throughout the feffion were of the fame high order of excellence as his fpeeches made
of fixty

whom

at the preceding feffion, quite furpaffing thofe of the governor, the only other fpeeches

reported in

full,

and fhowing a thorough underftanding

of the theory of reprefentative

government and of its practice in Virginia. Governor Gooch had the great fatisfadlion at the opening of the firft feffion of this Affembly of announcing that the king had been pleafed to give his affent to the two of the adls paffed at the laft feffion of the preceding Affembly concerning which the people were moft folicitous, namely, the "Adl for the better fupport and encouragement of the College of William and Mary, in Virginia" and "An a(5t for amending the The latter of thefe a(ft, intituled, An adl for fettling the titles and bounds of lands." adls being one of prime importance, the people were fpecially defirous of feeing it not
only incorporated as a part of their legal fyftem but incorporated in fuch a way that it could not be readily changed, and this latter objedl was effe(5led by having the king's exprefs confirmation of the law, it being neceffary for the enadlments of the General

amending fuch laws as had received the fandlion of them the provifo that they fhould not go into effedl till approved by the king. This requirement, making for the greater ftability of the laws, and, perhaps, ufeful in the earlier hiftory of the Colony, came later on to be confidered a hardfhip. One of the moft interefting legiflative documents drawn in the hiftory of
Affembly
of Virginia repealing or

the king to have attached to

the petition of the General Affembly of Virginia to the king in 1752 on the fubjedl of the repeal by the king of ten adls included in the great revifal of the
Colonial Virginia
is

laws of 1748-4Q and of his affent to the others.*' The only two matters called to the attention of the General Affembly for legiflative adlion were the condition of the militia and the pradlice of importing liquors by land from Maryland and North Carolina, on which, as the law then flood, no duty could be colledled. A comprehenfive bill was promptly introduced in the Houfe for the better regulation of the militia and paffed, but, as in the preceding feffion of the Affembly, the Houfe and the Council could not agree, and the bill failed. The queftion on which no compromife could be arrived at between the two houfes was as to the
<*7

Hening. V, 432-443.

[xxviiij

a year the militia fhould be called upon to drill, the Houfe ftanding The views on the main features of the out for four times and the Council for twelve. i6.''8 This bill having fallen September for bill are very ably fet forth in the Journal pence per poll fhould be levied on through, one of its provifions 'being that a tax of fix with which to purchafe arms funds fecuring of purpofe the all negroes for two years for for themfelves, a paragraph arms buy to unable for the poorer people of the country was inferted in an addrefs to the king on his aufpicious reign and on the late marriage of the Prince of Wales, asking that his majefty fumifh a fupply of arms for the poorer "ufelefs and ineffedlive."'* fort of the militia, in order that they might not continue dealt with by the paffage of the The fituation in refpeft to the importation of liquor was law entitled "An a(5t for laying a duty upon liquors imported by land; and better fecuring the duty upon flaves; and for other purpofes therein mentioned."'" If there were any friends of the great tobacco law who fuppofed that by the amendments paffed in 1734 it had been rendered agreeable to all, they at this feffion had a

number

of times

rude awakening; for on Auguft 12 it was ordered by the Houfe by a decifive majority that a bill fhould be brought in to repeal the adl. In a very fhort time the bill was brought in accordingly and paffed by the Houfe." Fortunately, however, it was rejedted by the Council. Then the Houfe paffed a bill which, with amendments, was
concurred in by the Council, its title being "An ad; further amending the adt, for amending the ftaple of tobacco; and for preventing frauds in his majefty 's cuftoms,"" and its two moft important provifions being the repeal of the prohibition contained in the
adt
itfelf

put upon

felling

tobacco before

it

had been infpedled at one


as burgeffes.

of the warehoufes

and the rendering infpedtors ineligible to fit At this opening feffion the committee of privileges and eledlions was an important one, having under confideration firft and laft nearly a full dozen contefted eledlion cafes,
namely, the transfer to a citizen juft before the eleftion of a fufficient amount of land to entitle him to vote, on the underftanding that he would vote in a given manner. This abufe led to the paffage of the "Adt to declare who fhall have a right to vote in the eledtion of burgeffes to ferve in the General Affembly, for counties; and for preventing fraudulent conveiances in order to multiply votes at fuch eledlions,"" whereby only the owner of one hundred acres of unimproved land or twenty-five acres of land having a houfe on it and cultivated, the fame having been owned for at leaft one year before the eledlion (when not coming by defcent, marriage, marriage fettlement or bequeft), or the fole owner of a houfe and lot in a town or city, could vote in an eledlion for the Houfe; and when required, the voter was obliged to take an oath that he was legally qualified. The proceedings had in thefe various cafes fhow that the Houfe took cognizance to the very fulleft extent of the qualifications and eledtion of its members, not only deciding whether a member was legally eledted or whether a member's charadler was fuch as to unfit him for fervice, but alfo going to the extent of punifhing thofe who interfered in an eledtion or failed in the performance of duty in reference to one. For inftance, the fheriff of Hanover
feveral of

which brought to

light a peculiar fpecies of bribery,

reported to the Houfe that it had been impoffible to hold an eledlion in his county becaufe of the riotous condudl of the crowd gathered at the polls. The three men named by him as being mainly refponfible for diforder were fent for in cuftody of the fergeant
at

men

for their mifdemeanor.'4 The fergeant at arms found one of thefe confined in the Hanover jail, but the other two were brought before the bar of the Houfe. Humbly acknowledging their errors and promifing future good behavior, the)'

arms to anfwer

were releafed from cuftody, on the payment by one of them of fees, which were not required of the other, fince feveral of the members of the Houfe teftified to the man's

'9

See pp. 301-303. See p. 314. 70 Hening, IV, 469-474. ' See p. 260. T Hening, IV, 478-482. '3 Hening, IV, 474-478.
'

See

p. 278.

[xxix]
ufual fobriety and good condudl.

Another example was that

of

Thomas Roy, an

infpedlor of tobacco at a warehoufe in Caroline county,

who was charged with having

threatened certain voters that he would not pafs their tobacco unlefs they voted for the candidate for the Houfe whom he favored.'s M"" Roy was fent for to anfwer his "mifdemeanor and breach of the privileges" of the Houfe. He petitioned the Houfe'* praying
to be heard, with witneffes,

and

his prayer

was granted, the

cafe being referred to the

of privileges and elecflions for confideration, which, after hearing Roy and recommended in their report to the Houfe that Roy be difcharged out of cuftody, paying fees, and the Houfe fo ordered. An example of the punifhment of an officer for

committee

others,

an eledlion is to be feen in the cafe of M'' Francis Heyward, who, when county of York, had been guilty of leafing out fmall parcels of land a fhort while before the election, for the purpofe of qualifying perfons to vote." It was refolved that he in fo doing had "adled corruptly, againft law, and the duty of his office," and it was ordered that he be brought to the bar of the Houfe, reprimanded by the chair, and that he then be difcharged, paying fees. M"" Heyward's cafe was the one particularly which led to the paffage of the law regulating the eledtion of burgeffes. The petition made by the General Affembly of 1 730 to the king that he find means to quit the claims of the proprietor of the Northern Neck fo that the inhabitants of that part of Virginia might hold their property in land in juft the fame manner as the inhabitants of other fedlions of Virginia, that is, immediately of the king, had failed to Lord Fairfax would not recede from the claim fet up by him in reference eff edt its objedt. to titles to land conveyed by his agents or agents of former proprietors to fettlers. Hence at this feffion the Affembly took the fettlement of the queftion into its own hands, as it had a right to do fince in the original letters patent it had been ftipulated that the patentees, their heirs and affigns, and other inhabitants of the fedlion fhould be "in all things fubjedl and obedient to fuch laws and conftitutions, as were or fhould be made by the faid governor. Council, and Affembly, for or concerning the faid Colony or the government thereof. "'8 A law was accordingly paffed providing that the lands conveyed up to that time fhould be held in the manner ftipulated by the agents, and this law was allowed by the king.'*
irregularity in
fheriff of the

Second Seffion.
from November i to Dec. 21, 1738. The firft bufinefs was the admiffion as a member of the newly ele(fted burgefs from the borough of Norfolk, among the privileges granted this corporation by its charter, and exprefsly confirmed to it by adl of the General Affembly paffed at the preceding feffion,*" being the power to eledl one burgefs to the General Affembly. Since this was the only additional burgefs provided for by the General Affembly at their preceding feffion, the memberfhip of the Houfe at this feffion was 72. The member from Norfolk, as well as fuch other members as whUe the feffion was in progrefs were eledled to fill vacancies in the Houfe, was compelled to take the cuftomary "oath of a burgefs," in addition to the oaths required by law.*' This was the laft feffion of the Houfe, however, at which the oath of a burgefs was adminiftered. This was a fpecial oath which was ufed for the firft time probably in 1 65 2 at an Affembly meeting foon after the Colony had made its fubmiffion to Parliament, and which had (its form, however, having been fomewhat changed in 1666) been in ufe ever fince.*' Toward the clofe of the prefent feffion the Houfe, fome queftion having arifen as to the obligations
feffion lafted

The fecond

tranfadled by the Houfe

See p. 274. See p. 303. " See pp. 276, 282, 283. 7* Hening, IV, 519. ^o Hening, IV, 514-523. *"> Hening, IV, 541-542. *' Thefe were "the oaths appointed to be taken by and fupremacy," the oath of abiuration, and the teft. *' See p. 382.
IS 7'

a.&,

of Parliament inftead of the oaths of allegiance

[xxx]
difcontinued it, being of impofed by the oath, by refolution added to a ftridt enforcement of theVules of the oaths required by law were fufficient, of their duties. Houfe to hold members to the performance the preceding year, it became neceffary for the Sir John Randolph having died Rohinfcn was elevated to the pofition Houfe to eled a fucceffor as fpeaker, and M-" John treafurer.83 Happily, when appointed Affembly. and, later, by a(5t of the whole General brother, Richard Randolph, his treafurer and thofe of the accounts of Sir John Randolph as governor till the end of the prefent feffion of the treafurer by the appointment of the difclofures followed, as was the cafe with M-regrettable Affembly, were examined, no Hoiloway, the treafurer preceding Sir John Randolph, and with M"- Robinfon himfelf

opinion evidently that the

John

after

many

years of fervice.
of his opening addrefs to

an argument in favor of the the 9th of November, 1739, and expire on to was continuance of the tobacco law, which recently occurred on the frontiers feveral to a ftatement of the fadt that there had murders by the Indians incident to the hoftilities at that time carried on between the Northern Indians and the Catawbas and Cherokees. The reply of the Houfe gives expreffion poffibly even more freely than ufual to the good will entertained by its members toward the governor, and this good will was further evident, and in a more practical and conclufive way, in an honeft effort to carry out, fo far as the individual opinions of members would allow, his recommendations, and to The great importance of the tobacco a(5l was recogrelieve the conditions defcribed. when on November 8 the committee of the whole, which that fo fully nized by the Houfe reported that it was the opinion of the fpeech, had been confidering the governor's committee that the adt fhould be continued, with alterations and amendments, the confideration was deferred till the following Tuefday week, when it was ordered that the roll of the Houfe fhould be called over and abfent members be proceeded againft with the utmoft feverity. On the day appointed, the report was taken up, and the refolution of the committee was agreed to by a vote of 39 to 30. The full number of members of the Houfe at this feffion was only feventy-two, and on November 2 1 two of thefe had not yet taken their feats.'" Furthermore, fmce it was not neceffary for the fpeaker on this occafion to caft his vote, the recorded vote feems to fhow that every member of the Houfe was prefent and affuming the refponfibilities of the pofition to which he had been eledted. It feems probable that this unufual length of time between the fubmiffion and the confideration of the report was ordered for the very purpofe of fecuring full reprefentation. If confideration had been had earlier, the number of conftituencies not fully reprefented when the vote was taken would have been greater, fmce at the beginning of the feffion there were found to be at leaft feven vacancies in the Houfe occafioned by death, and one by the acceptance of the office of fheriff by the original holder of the pofition, and it took fome time to hold new elections. The delay gave ample opportunity, The bill introtoo, of courfe, for informal difcuffion of the law among the members. duced in accordance with the order of the Houfe was finally, after full confideration by both branches of the Affembly and confiderable amendment in both, enacfled. It bore the title "An a(5t for further continuing and amending the adl, for amending the ftaple of tobacco; and for preventing frauds in his Majefty's cuftoms."3 It was to be in operation immediately from paffage, and, with fo much of the adt whole place it took as was not repealed or altered, was to continue in force till the 9th of November, 1739. The principal change made by it was in the method of the appointment of infpedtors, two of whom were now to be chofen for each warehoufe by the governor from a lift of four eligibles fumifhed him by the juftices of the court of the county in which the warehoufe was fituated. Formerly the governor had the appointment, with and by

The governor devoted moft

the advice of the Council.


to attend to their duties.
*3 4 5

Infpedlors were alfo held to ftridter accotmtability for failure

Hening, V, 64, 65. See pp. 351, 352.

Hening

V, 9-16.

[xxxi]

For the fafety of the inhabitants on the frontiers and the encouragement of fettlements, feveral meafures were introduced in the Houfe which became laws i "An adl, for reviving the adl, for making more effedlual provifion againftinvafionsand infurredlions, "* thea(5lthusrevivedhavingbeenpaffedatthefirftfeffionof theAffemblyof 1727-32; 2. "An
:
.

encourage fettlements on the fouthem boimdary of this Colony,"*' fuch fettlers all times thereafter permitted to pay all public dues and officers' fees in money inftead of in tobacco, and the governor of Virginia giA-en the right to grant letters of naturalization to any alien who might fettle there on certificate from the clerk of any court that the applicant had taken the "oaths appointed by parliament to be taken, inftead of the oaths of allegiance and fupremacy and taken and fubfcribed the oath of abjuration, and fubfcribed the teft;" 3. "An adl, for eredling two new counties, and parilhes; and granting certain encouragements to the inhabitants thereof, "^^ whereby Frederick and Augufta counties came into being, the a(5l providing for the fame encouragements to fettlers as were extended to fettlers
adl, to

being exempted from levies for ten years and at

on the fouthem boundary.


ceding
feffion, or

bill

very

both Houfes, in its final than of the Council. There were twenty-five adls in all private adls and public laws together paffed this feffion. The Houfe was not too bufy, however, with fecular affairs to negledt at thofe of a religious nature, as is attefted by an order of November 13 that the thanks of the Houfe be returned to M"" Chicheley Thacker for his "excellent fermon" preached before the Houfe the day before. It was further ordered that one thoufand copies of the fermon fhould be printed, "to be proportioned amongft the feveral counties in this Colony; to be diftributed by the refpedlive courts of the faid counties, in the beft manner, for the comfort of Chriftians, againft the groundlefs objedlions to the divinity and dignity of the bleffed Jefus, an order which the governor did not fail to commend

bill which had failed at the prewas introduced, and, with amendments, paffed by form bearing the imprefs to a much greater extent of the Houfe

In addition, the militia

fimilar,

'

'

in his fpeech of prorogation.

At this feffion of the Affembly an attempt was made to have a law paffed for the removal of the feat of government from Williamfburg to fome place more convenient, but fince the advocates of removal could agree on no place, fome favoring Bermuda Hundred and others Weft Point, the fcheme fell through.
9='

Third Seffion.

When the third feffion of Affembly was in progrefs {May


England was engaged
in the

22 through

Jime

16, 1740),

war with Spain over the treatment by the Spaniards

of

Englifh fmugglers, and moft of the time of the Affembly was fpent in concerting meafures for putting the Colony in better pofition for defenfe fhould an attack be made on it and

who were to fer\'e from Virginia in the expedition contemplated againft the Spanifh poffeffions in America. The device hit upon for raifing the troops only a few hundreds in number was the impreffment by the magiffor the enliftment of the foldiers

trates of the various counties of

"able-bodied perfons,
it

fit

to ferve his majefty,

who

follow

no lawful

calling or

employment,"

being expreffly provided by the law paffed

that no one might be thus impreffed that had a vote in the eledlion of a

member

of the

and no indented or bought fer\^ant.9- It is not furprifing that a contingent thus made up, efpecially fince it had little time for neceffary training before the day of actual conflidl, did not diftingutfh itfelf greatly at Carthagena. For home defenfe, there was paffed "An adl, for the better fecurity of the country in the prefent time of danger,"" providing for the expenditure of two thoufand pounds fterling in the
Houfe
of Burgeffes,
8* 7

'9
90
9'

9'

Hening, V, 24. Hening, V, 57-58. Hening, V, 78-80. Hening, V, 16-23. See pp. 341-342. Hening, V, 94-96. Hening, V, 90-gi.

[xxxii ]

immediate ])urchafe of arms for the militia, to be diftributed as the governor, with tho advice and confent of the Coiincil, might think beft; company mufters fhould take place
certainly as often as once in

two months more frequently if neceffary and general of each year, and at fuch other times as thofe in authoriSeptember and March mufters in for an increafed number of mufters was to conprovifion This ty might think advifable.

tinue for only three years or, if hoftilities did not laft fo long, only till the clofe of the war. Since the "A(5l, for making more effedlual provifion againft invafions and infurredions," made firft in 1727 and revived in 1738, was to expire on the 21ft of December,
1

741,

it

was

ena(5led that

it

fhould be continued from that time for three years, with an

impofmg heavy penalties on officers and men who when called into the field by the governor in times of emergency fhould fail to give prompt obedience." The increafed revenues neceffitated by the appropriation of the two thoufand pounds for the purchafe of arms, and by provifion made for thofe who were to ferve in the expedition againft the Spaniards, were to be raifed by laying an additional duty on flaves for four years;" and to the adl providing for this purpofe there was added a claufe directing how fuch deferters as might efcape punifhment by court martial fhould be dealt with in the Since it civil courts, thefe being empowered to order their fale as fervants for five years. was thought that the war would neceffarily refult in a delay in the arrival of the fhips from England engaged in the carrying of tobacco, an adl was paffed for extending the period during which it might be lawful for owners to bring their tobacco to the public
additional claufe

warehoufes."

Other

a(5ls

paffed at this feffion in addition to thofe occafioned by the war

not of prime importance except, perhaps, the "Adl, the laws made for the better managing and fecuring the execution of for enforcing orphans' eftates,"<' whofe principal provifions were that guardians appointed by the county courts fhould render accurate accounts to the courts once a year and that the courts fhould at all times exercife proper overfight in order to prevent abufes and mifmanagement on the part of guardians. A very interefting bill, however, introduced, and actually paffed by the Houfe, but defeated in the Council, bore the title "An ad;, for diffolving the prefent veftry of this Colony, for eledling new veftries, and other purpofes therein mentioned." The paffage of the adl by the Houfe fhows the difcontent of the majority of its members, and probably of the majority of the inhabitants of the Colony, with the veftries as then conftituted, made up as they were mainly of men on

were

fifteen altogether

were

there

whom

the people of the refpedtive parifhes had not voted, vacancies in veftries being,
filled

by the veftries themfelves. The ufual proportional amount of time was taken up at this feffion in the confideration of cafes involving the privileges of members of the Houfe and the election and return of members, in one at leaft of the former the Houfe infifting on privilege to a degree much more extended than would probably be afferted by a fimilar body at the prefent time, and in the latter fhowing a moft commendable regard not only for their own privileges but alfo for the rights of the whole people. As proof of this, the cafe of John Parker and that of M' Beverley Whiting may be cited." John Parker affaulted a fervant belonging to M"" Harrifon, a member of the Houfe, and fpoke difrefpedtfull)' of M"" Harrifon himfelf. It was refolved by the Houfe that he was guilty of a breach of the privileges of the Houfe, and he was compelled to acknowledge his offence and on his knees ask the pardon of the Houfe and of M'' Harrifon. M'' Whiting was returned as a member of the Houfe from Glonccfter, but on conteft it was brought out, among other things, that he had been guilty of one or two infractions of the eledtion laws (including the promife to pay the fines of feveral voters for remaining away from the polls), and that his friend, Captain Robert Bernard, had alfo been guilty, though whether or not at M' Whiting's inftance did not appear. M"" Whiting was declared not duly eledled,
according to law,

"
* 95

' '

Hening, V, 99-100. Hening, V, 92-94. Hening, V, 98. Hening, V, 1 00-101. See pp. 4JI, 426, 427.

[xxxiii]

and Captain Bernard was compelled to "make an acknowledgment of his offenfe and breach of privilege, and ask the pardon of the Houfe for the fame." An interefting
cafe in which the rights of the people were involved rather than the privileges of the

Houfe was the cafe of the juftices of Prince William county, who had and certify two propofitions offered to them. The committee of privileges and eledlions, which had been ordered by the Houfe to inveftigate the cafe, reported a refolution to the eflfedt that the juftices had "acted illegally, arbitrarily, and contrary to the rights of the people." M'' Valentine Peyton, one of the juftices and at the fame time a member of the Houfe, was required to acknowledge his offenfe and to ask the pardon of the Houfe. The others were fent for in cuftod}^ of the fergeant at arms, but when they reached Williamfburg were, on their petition fetting forth their forrow at having fallen under the difpleafure of the Houfe and calling attention to the fad; that they had been put to the expenfe and trouble of traveling two or three hundred miles and alfo had fuffered great difgrace, difcharged.*

members

of the

refufed, contrary to law, to receive

Fourth Seffion.
was prorogued to the 21ft of Auguft. Coming fotmd the only occafion for its meeting to be the paffage of an adl, in purfuance of royal inftrucflions to Governor Gooch, making provifions for payment of the expenfes of the Colony's quota of troops for the expedition fitting out againft the Spanifh poffeffions. The fupply asked for was willingly and quickly granted, the feffion lafting only eight days and the bill granting the fupply being the only one offered. As paffed, its title was "An adl for giving to his majefty the fum of five thoufand pounds, towards defraying the expenfe of vidlualling and tranfporting the foldiers, raifed in this Colony, to ferve his Majefty on an intended expedition againft the Spaniards in the Weft Indies. "99 The expenfe of vicftualling and tranfporting was to be borne only till the troops affembled at the general rendezvous {Port Royal, in Jamaica), after which all expenfes of the expedition were to be met by the crown. The five thoufand pounds appropriated was to be borrowed on the fecurity of the revenues arifmg from the taxes laid by the General Affembly at the preceding feffion on liquors and flaves imported. The Houfe took advantage of the meeting to draw up an addrefs to the king and a petition to Parliament requefting the fame liberty of importing fait from Europe that the Northern colonies enjoyed, papers to which the Council refufed to agree, the time being evidently in their opinion not propitious. The Affembly was prorogued to the laft Thurfday in Dece^nher. The feffion, however, thus coming to a clofe was the laft of this Affembly, fince on the death of Governor Spotfwood Governor Gooch fucceeded him in command of the colonial troops engaged in the Spanifh expedition and very fhortly took his departure for Port Royal. On his return from the expedition he called
at
its

The Affembly

third feffion
it

together promptly at that time,

new Affembly.
* 9

See pp. 429, 430. Hening, V, 121-123.

THE

JOURNAL
OF THE

House OUSE
Begun and held
of

of B OF DURGESSES.
AT A

GENERAL ASSEMBLY,
at

WILLIAMSBURG
Lord

the

first

day of February

in the firft year

of the Reign
the Second

Our

Soverain

GEORGE

by the Grace of God of Great Britain, France &' Ireland, King, Defender of the Faith &*.

And

in the

Year of Our Lord

MDCCXXVII.

RICHMOND, VIRGINIA

MCMX

General Assembly
and held BEGUN the Reign year
of of

at

WILLIAMSBURG
of

the

first

day

of February in the

firit

Our Soverain Lord

GEORGE

the Second

by the Grace

France Ireland King Defender of the Faith &c. And in the year of Our Lord MDCCXXVII. Before the Hon'ble WILLIAM GOOCH Esq'. His Majefty's Lieutenant Governor and Commander in Chief of the Colony and Dominion of VIRGINIA. On which day being the firft day of the Seffion of this Affembly Richard Fitz William John Grymes William Dandridge and John Cusiis Esq"'" By virtue of a Commiffion to them directed by the Lieutenant Governor, did orderly & diftincT;ly adminifter the Oathes appointed by A(5l of Parliament to be taken inftead of the Oathes of Allegiance and Supremacy, the Abjuration Oath appointed to be taken by an Adl of Parliament made in the fixth year of the Reign of the late Queen Anne, together with the Teft and Oath of a Burgefs to forty fix Members return 'd Burgeffes to ferve in this General Affembly who then appear 'd, and did alfo adminifter the faid Oathes appointed by Law with the Teft and Oathes of their refpedlive Offices to John Randolph Efq' Clerk of the Houfe of Burgeffes and Philip Finch Gent. Serjeant at Arms attending the faid Houfe. And afterwards all the Members who took the faid Oathes feated themfelves in the And a Meffage was deliver'd from the Governor by M' Robertfon Hoxafe of Burgeffes.
of Great Britain

God

&

as follows.

Gentlemen of the Houfe of Burgeffes

The Governor commands your immediate attendance And the Houfe went up accordingly.

in the Coimcil

Chamber.

Thurfday

February

i,

\'J2'],

Houfe having attended the Governor and being return 'd M'' Henry Willis put them in mind of the Governor's Commands to make choice of a Speaker, and M"^ Holloway was lonanimoufly chofen, and being placed in the Chair he made a Speech to the Houfe, wherein he expreffed the juft fenfe he had of the obligation they had laid him under, and return 'd them thanks for their great kindnefs and And the Mace was brought into the Houfe and laid imder the refpe(5l towards him.
Table.
Refolved, That a Meffage be fent to the Governor to acquaint him that this Houfe have made choice of a Speaker and to know his pleafure when the Hoiife fhall prefent

THE

him.
Ordered,
Blair,

That M"^ Harrifon, 'W Meriwether, M"' Conway, M' Armiftead, M' Prefly, M'' "W Braxton, M"' Robert Boiling, M'' Henry Willis, M'' Grymes and M"' Robinfon do

carry the faid Meffage.

ingly,

And M"^ Harrifon acquainted the Houfe that they had attended the Governor accordand that he was now ready in the Cotmcil Chamber to receive this Houfe with
The

their Speaker.

The Houfe accordingly went up with the Speaker Eledl, and being retum'd M-the Governor in the Council Chamber, Speaker reported That the Houfe had attended was pleafed to fay the Choice Governor the that and had prefented their Speaker, and moft acceptable to him; and that he had petition 'd in the this Houfe had made was all their antient Rights and Privileges efof this Houfe, That they might enjoy

name

tablifhed either
his efpecial juft Rights

by Law or Cuftom, To which the Governor anfwer'd that it fhould be Care to maintain this Houfe in the Enjoyment of thefe and all other their

and

Privileges.

And M'' Speaker further acquainted the Houfe that the Governor was pleafed to make a Speech to the Coimcil and this Houfe, which being of a confiderable length, he had obtain 'd a Copy of it, and the fame was read and is as follows.
Gentlemen of the Council and Houfe of Burgeffes. Being by the fpecial Favour of His Moft Excellent Majefty appointed to this Honour I think it my duty to lay before you, at our firft meeting, fuch rules and methods will be agreeable to you in my future as I ha\-e already prefcribed to my felf and I hope Condu(ft. and Adminiftration And that I may be fure I fet out right, I fhall in the firft place make it my conftant care to promote and propagate Religion and Virtue to difcourage and difcountenance Vice and Immorality among you: And here give me leave to obferve, that I look upon
,

I am come to a Cotmtry where the Doctrine, Difcipline England are not only eftablifh'd, but almoft univerfally and Worfhip of the Church of But if there are among you any Diffenters from this received and complied with. fcrupulous, I fhall think an Indulgence to them to be truly Confciences with Church, Chriftian Religion, that it can never be inconfiftent the of Genius the fo confiftent with

it

as

my

peculiar Felicity that

with the Intereft of the Church of England. Next to Our Religious, it ought to be your Concern as well as mine, to take care of our Civil Duties; and the firft and chief of thefe is, our Loialty to The King; whose Roial Virtues deferve all that Honour Allegiance and Fidelity that His Roial Station demands at our hands By Him and His Family, next under God, is our happinef s fecured, for
:

of our moft Illuftrious and Gracious Queen, the Difpofition and EduIffue, we may, with the utmoft Satisfadlion, look into Futurity, Roial cation of Their and fee the poffeffion of thofe valuable Bleffings, our religious and civil Rights, by the fame principles which now protedl and guard them, tranfmitted in a lineal Succeffion

from the

Example

to lateft pofterity.

it

Country are the meafure of our Civil duty, particularly incumbent upon me to fee them put in ftridl Execution.

And

as the

Laws

of our

I fhall

think

To

the due

obfer\'ance of thefe
ly obliged:

all

and

'tis

Ranks & Conditions of Men are to look upon themfelves as equalto thefe we owe both the prefervation of public Peace, and the

fecurity of private Profperity.


juft authority, there are alfo Duties

But, befides thefe obligations, which are ftridlly legal, and may be enforced by & Virtues of a focial Nature, which, tho greatly Commimities are not diredlly the matter of human Laws fuch tending to the welfare of
:

as Civility

& good Nature Hofpitality & good


:

Neighbourhood and

all

that mutual Affec-

tion which tends to the enlarging improving

refpondence between Man & Man importance only, but becaufe by


their continuance,

& fecuring a friendly Intercourfe and Cormention this with the greater pleafure, not for their all I have yet heard, or feen, I am rather to requeft
I

than recommend their practice.


I

I am fumifh'd with, and thefe hope you'll be convinced by what I have now to recommend to you, that I am not lefs zealoufly inclined to ftudy & promote every thing that may advance your Honour, Credit and Safety. And therefore Gentlemen of the Houfe of Burgeffes,

And now.

Gentlemen, as thefe are the good principles

the good purpofes

am

bent upon, fo

The

repairing the Battery at Point Comfort

is

fo abfolutely neceffary for the fecurity,


I

not only of James River, but in a manner of the whole Trade of this Colony, that

make

make no doubt but you


the

will readily contribute to the putting

it

in fuch

a condition as

common fafety requires, and fuitable to the benefit the Public will receive thereby. And for a further fecurity to your Trade, I muft, with equal eameftnefs, recommend to you the ere(5ling of a Light-houfe on Cape Henry, which is fo much wanted for the prefervation of fhipping from the dangers of the Enemy as well as Seas, that I hope you will once more confider of it And if you find it neceffary to prepare a Bill for that purpofe, a claufe may be inferted to prevent your being at any charge thereon, tmlefs
:

our Neighbours of Maryland either will, or can be compell'd to contribute towards Maintenance. Gentlemen of the Council and Houfe of Burgeffes,

it's

The agreeing upon fome methods


obvious
to

to prevent delaies in the Courts of Juftice, fo very


is

&

inconvenient to the People in general,


to you.

what

have

in

an

efpecial

manner

recommend

And

because your late

Law

for the

nation with this Seffion of Affembly,


together at this feafon of the year,
for their

improvement of Tobacco is to have its determiwas one principal reafon for my calling you that the Country might know in time how to prepare
it

next Crop, in cafe you fhould think fit to continue that A(5t, or to provide in manner for the improvement of your Staple. And I take this occafion to affure you, that whatever you think convenient to be done for the advancement & encouragement of your Trade if conformable to my Inftrudtions, I fhaU with great cheerfulnefs
a better

concur therewith.

own obfervation and experience will fuggeft to you the promoting your own happinefs, either public or private, be you fo beft methods kind as to inform me of them, and then I will venture to promife for my felf, that, as I have no other nor farther views than to approve my felf to my Roial Master, fuch as I ought, and fuch as you may expedl me to be, fo you fhall alwaies find in me a difpofition to receive you kindly, to advife you fmcerely, to affift you faithfully, in all your perfonal applications to me, and correfpondence with me: And if to thefe we join what is my Inclination as well as obligation, an impartial Juftice in the Adminiftration here, and a fair and faithful Reprefentation of matters from hence, I fhall then make no queftion but by the Bleffing of God, which I fhall alwaies and eameftly implore, we fhall fee ourfelves an happy and a contented People. And then the Houfe adjoum'd till to-morrow morning lo. a clock.
In fhort. Gentlemen, as your
for

Friday, February 2, 1727.

THE

Governor's Speech was again read,


Refolved,

That an humble Addrefs be prefented to the Governor to return him the thanks of this Houfe for his moft kind &
Contradicente,

Nemine

obliging Speech at the opening of this Seffion.

Nem. Cont., That an humble Addrefs be prepared to The King, to condole the Death of His late Roial Father of bleffed memory, and to congratulate His Majefty upon His peaceable and happy Acceffion to the Throne of His Anceftors.
Refolved,

Refolved,

That

this

Houfe

will

take the Governor's Speech into Confideration on

Monday

next.

Ordered,

That a Committee

of Privileges

&

Eledlions be appointed of thefe perfons

following,

viz't.

M' Thacker. M' Robinfon & M' Stith. M"- Randolph. And they are to meet as often as they find it neceffary and to take into fideration all fuch matters as fhall or may come in queftion touching Returns,

M' Nicholas Smith.

W Grymes.

W Efcridge.
their con-

Eledlions,

and

and Privileges and to report their proceedings with their opinions thereupon to the Houfe from time to time. And all perfons that will queftion any Returns, are to do it by Thurfday next, or otherwise their complaints fhall not be received or heard, unlefs fome fufficient caufe can be fhewn to the Houfe, why they could not prefer fuch complaint within the time before limited. And the Committee are to have power to fend for Perfons, Papers,

Order'd,
foll'ing viz't.

and Records for their information. That a Committee for Public Claims be appointed

of

thefe

perfons

W Robert M' Laurence Smith. W Godwin. M' Sam. Harwood.


Boiling.

W Bridger. W
M"^

M' Simmons. M"- Ball. M-- Whitehead.


Rob. Armiftead

&

Biirges.

they are to meet when they fhall find it neceffary, and to adjom from day to day and to take into their confideration all the public Claims, which fhall be prefented to the Houfe, during this Seffion, and to report their proceedings, with their opinions thereupon to the Houfe, when they have gone thro all the said Claims.

And
;

perfons that have any claims, which are legally certified, are to deliver the fame to the Clerk of this House by Thurfday next, or otherw-^ife they fhall not be received without the leave of the Houfe, And he is to deliver the Claims to the Com'ee of Courfe.

And

all

And

the Com'ee are to have

power to fend

for perfons, papers,

&

Records, for their

information.

That M"' Miles Gary be appointed Clerk of both the faid Committees, And That he diligently attend the duty of the faid Office. Order'd, That a Committee for Propofitions & Grievances be appointed of thefe
Refolved,
Order'd,

perfons foll'ing

Viz't.

M''

M' Meriwether Gonway

M' Harrifon.
M''

M' H. Armistead. M' Presly. M' Blair.

M'' M'' M"^ M''

Braxton Hen. Willis.

Dangerfield
Kemp &

Fitzhugh.

to day;

And they are to meet when they fhall find it neceiiary, and to adjom from day And to take into their confideration all fuch Propofitions & Grievances as fhall

come

legally certified to this Seffion, and to report their proceedings with their opinions thereupon to the Houfe from time to time. And all fuch Propos'ons & Grievances are to be deliver'd to the Clerk of this Houfe by Thurfday next, and none to be recei\'ed after that time without the particular leave of the Houfe And he is to deliver the faid Propos'ons & Grievances to the Com'ee of courfe. And the f'd Com'ee are to infpect the
:

Journals of the laft Seffion of the laft Affembly, and to prepare and draw up a State of the matters then depending and tmdetermined, and the progrefs that was made therein, and to report the fame to the Houfe. And they are alfo to examine what Laws have expired fmce the laft Seffion of the laft Affembly, and to infpe<5t such temporary Laws
as will expire at the end of this Seffion of Affembly

and Report the fame to the Houfe with their opinions which of them are fit to be revived or continued. And the Com'ee are to have power to fend for perfons, papers & Records for their information. Ordered, That the faid Com'ee do draw up an Addrefs to the Governor, and alfo an Addrefs to the King, upon the Refolutions of the Houfe. The Orders of the laft Houfe of Burgeffes were, upon a Motion, read, and
That the fame be ftanding orders of this Houfe. That fifteen Members with the Speaker fhall be fufficient to meet & adjom. Refolved, That the Rever'd M"^ Fontaine be appointed Chaplain to this Houfe. Order'd, That he do perform the duty of that Office every morning at lo. a clock the Conference chamber.
Refolved,

Refolved.

in

And

And

a meffage was fent to the Gov'r & Council to acquaint them therewith. petition of Samuel Briggs fetting forth that a Negro Slave belonging to him

was

committed to the Cotmty-goal of Surry for Burglary, and having made his efcape out of prifon, was afterwards apprehended by feveral perfons in the Cotmties of Ifle-Wighi and Henrico, who had obtained Certificates thereof, in order to charge the petitioner with the Rewards allowed by Law for taking up Runawaies and praying that the fame may not be allowed againft him in the public Levy, was prefented to the Houfe and read. Ordered, That the f 'd petition be refer'd to the coniideration of the Com'ee of Claims, and that they do examine the matter thereof, and report the fame with their opinions
thereon, to the Houfe.

Wm. Francis, Nicholas Wager, Wm. Johnfon and John Mundel were appointed Doorkeepers to this Houfe and order'd to give their attendance as ufual. Then the Houfe adjourn 'd till to morrow morning ii. a clock.

Saturday, February
Ordered

2,

1727.

M' Efcridge be added to the Com'ee of Propof'ons & Grievances and that M' Syme be added to the Com'ee of Claims. M' Harrifon reported That the perfons appointed had, according to order, drawn up an addrefs to be prefented to the Governor, which he read in his place, and afterwards deliver'd in at the Table, where the fame was again read, & agreed unto by the Houfe, as follows. Sir, We the King's moft dutiful and loial Subjedls the Reprefentatives of all the People of Virginia cannot fufficiently exprefs the Joy with which our hearts are filled, to fee ourfelves, by the goodnefs of Providence, tmder the Govemm't of a Perfon in all refpedls qualified, for that important Truft, which His Moft Excellent Majefty, with an equal Regard to your Merit and the Good of His Subje<$ls here, hath been gracioufly pleafed to place in You. The Character which in your private Life you had eftablifhed among all that knew you, reached us before your Arrival and afforded us a ver>' agreeable Profpedl of the Happinefs we were to enjoy imder Your Adminiftration But fmce we have had the pleafure of feeing the Beauties of that Characfter illioftrated by the Example of your Life in what concerns the duties of Religion your courteous & affable Behaviour to all that have occafion to apply to you, your difpofition to Peace & good Neighbourhood, vour Hofpitality and Charity, and the Prudence & Evennefs of your Temper, which you difcover upon all occafions. We have abtmdant Reafon to think ourfelves a happy People, and not to wifh for any thing more than that you may long continue to Nor can we doubt but Example, which is the beft of all rule over this Dominion. Inftrudlion, will have a great influence upon all that fee you, to follow thofe excellent rules you have been pleaf'd to lay down in your Speech at the opening of this Affembly. For which we beg leave to return you our humble & moft unfeigned thanks. Refolved, That the faid Addrefs be prefented by the whole Houfe. Order'd, That the Com'ee who prepared the faid addrefs do wait upon the Gov'r to know when he will be attended by this Houfe. A petition of fxmdry Freeholders of the Coimty of Northumberland complaining of an vmdue Eleftion and Retxam of M"^ Peter Prefly to fer\-e in this General Affembly as Burgefs for the faid County, and of feveral undue Pradtices of the Sherif of the faid County in taking the Poll, and in proclaiming that the faid Prefly was chofen with a General Voice, foon after the Poll began, and afterwards telling the Freeholders That they could vote but for one perfon, in injury to Robert Carter Jun' Efq' who was duly elected, and to the Petitioners, was prefented to the Houfe, and read. Order'd, That the faid Petition be refer'd to the confideration of the Com'ee of privil's & Eledlions, and that they do conlider the matter thereof, and report the fame,
:

THAT

with their opinion thereupon, to the Houfe.

M'

I
1 1

That the Governor had been waited upon, purM' Harrifcm reported to the Houfe, this Houfe: to know when he would be attended by fuant to the Order of the Houfe. in the Council Chamber. to appoint Monday at twelve a clock

And

that he

was pleaf 'd

Then

the Houfe adjom'd

till

Monday next

a clock.

Monday, February

5,

1727.

MR.
to exprefs
fo
it

with their Speaker reported, That the Houfe had attended the Governor Anfwer this give to Address, to which he was pleafed M' Speaker Gentlemen of the Houfe of Burgeffes, obliging Addrefs; the great Joy you are pleafed I thank you for this very alwaies meet with fuch returns as are due to fhall for my Adminiftration,

&

conveyed, and engages me to tranfcribe into my practice, every part, if poffible, Harmony between us may be as lafting as of this amiable Charader, that the Union &
is

much

Affedlion

The great

pleaf ure this gives

me

is

equal to the Evidence with which

'tis

perfedl.

Refolved,

That M' Rich'd Hickman be appointed Clerk

of the

Com'ee

of Propos'ons

&

Griev's.

petition of Nicho. Jones Clerk

fome more

efTedual pro\-ifion

may

Refolved, That the laws in upon Quakers as other people. And that the faid petition be Rejedted. The Order of the day being read, the Houfe upon a motion refolved it felf into a Com'ee of the whole Houfe to confider the Governor's Speech, and after fome time fpent Harrifon reported from the Com'ee, that there'm.W Speaker refumed the Chair, and they had had under their confideration all the parts of the Govr's Speech, and were come to feveral Refolutions thereupon, which they had diredled him to report to the Houfe, and he read the fame in his place & aften\'ards deliver 'd them in at the Table, where they were again read & agreed to by the Houfe, as followeth. Refolved, That a Com'ee be appointed to inquire into the prefent condition of the Batter}' at Point Comfort, and the fitteft place for the erefting a Battery there, and how far the fame may be ufeful for the defence of the Country, and to make an Eftimate of the charge of rebuild'g or repairing the fame, and alfo to inquire how the faid Battery hath heretofore been eredled and maintained. Refolved, That the ereding a Light Houfe on Cape Henry will be of great ufe & is abfolutely neceffary for the preferv-ation of the Shipping of Virginia and Maryland, and that a Bill be prepared accordingly. Refolved, That a Com'ee be appointed to inquire into the methods of proceeding in the Courts of Juftice, and the occafions of the delaies therein: and to prepare a Bill for the amending the defedls of the Laws now in force relating to the feveral Courts of the Colony, and for the expediting of Bufiness. Refolved, That a Bill be prepared for the better & more effedlual improving the

Houfe & read, praying that Quakers to pay parifh levies. force concerning the paiment of Levies are as binding

was prefented

to the

be

made

for compelling

Staple of Tobacco.

Then the Houfe adjom'd

till

to

morrow morning

a clock.

Tuefday, February 6, 1727.


Harrifon reported from the Com'ee of Propos'ons & Grievances that they their confideration the Propos'ons & Grievances of feveral Counties to them refer'd, and that they had agreed upon a Report, which he read in his place, and aften^'ards deliver'd it in at the Table, where the fame was again read, and agreed to as follows viz't.

MR.

had had under

Upon

Upon
and that

confideration of the petition of

the people call'd Quakers, praying that they


their

Nathan Newby & Robert Jordan in behalf of may be exempted from ferving in the Militia,

goods

may

not be expofed to fale

when taken

in

Execution.

Refolved,

That the

faid petition be Rejected.

&

Upon confideration of the feveral propos'ons from Lancafter, Middlefex, and King Queen Counties, That a Law may be made for the deftroying of Squirrels & Crows. Refolved, That the faid Propofitions be Rejedled. Upon
confideration of a propos'on from Lancafter County, That a

Law

be

made

againft the Monopolies of Trade.

That there are no Monopolies in this Colony, and that therefore it is not neceffary to make any Law concerning the fame. Upon confider'on of a propos'on from Spotfilvania County, That perfons may be
Refolved,

fent to

make a

difcovery of the River Sherando

&

the Inhabitants thereon.

Refolved,

That the

faid propofition be Rejedted.

Upon
of

confider'on of

the petition of John Edwards

&

others,

Wight County, That the day for holding Courts in the faid County Refolved, That the faid petition be Rejedled.

Inhabitants of I fie may be altered.

confider'on of the petition of Efdras Theodor Edzard Clerk, Minifter of over pavUhin King George County, praying that the Veftry of the s'd parifh may be
pelled to

Upon

Han-

pay him

for extraordinary fervices

&

boarding,

comand that the Laws concerning

Glebe -Houfes
Refolved,

may

be explained.
faid petition be Rejedled.

That the

Upon

confider'on of the petition of

William Thornton

&

others. Inhabitants of

King George County, againft Hogs going at large. Refolved, That the faid petition be Rejedled A petition of Gawen Corbin Richard Johnfon & John Dixon, Freeholders of the County of King & Queen was prefented to the Houfe & read, complaining of an undue Eledlion of John Robin fon Gent to ferve in this General Affembly as a Burgefs for the
faid Coimty.
Order'd,
leges

&

That the s'd petition be refer'd to the confider'on of the Com'ee of PriviElec'ons and that they do examine the matter thereof, and report the fame with

their opinions thereon, to the Houfe.

The Houfe being inform 'd that it will be neceffary to examine a great number of Witneffes upon the matter of the faid complaint, who live very remote & carmot be brought down to Williamfburg without great Trouble & Expence. Order'd, That Wm. Todd Robert Baylor Henry Hickman & Rob. Dudley Gent. Juftices of the peace for the Coimty of King & Queen, or any two of them, do meet at the Courthoufe of the s'd Coimty, upon fuch daies & times as fhall be by them agreed upon, and in the prefence of the parties examine all Witneffes that fhall be produced of either fide, and return their depofitions to the s'd Com'ee; and that the Sherif of the s'd County do fummon fuch perfons as fhall be named by either party to appear & give Evidence
before the faid Juftices.

That M"' Tayloe be added to the Com'ee of Propos'ons & Grievances. Order'd, That M^ Blair Rob. Armiftead Hollier & M' Rofcow do inquire into the prefent condition of the Battery at Point Comfort, and the fitteft place for eredling a Battery there, and how far the fame may be ufeful for the defence of the Country, and to make an Eftimate of the charge of rebuilding or repairing the fame, and alfo
Order'd,

Battery hath heretofore been eredled & maintained, and that they for perfons papers & records for their information. A petition of fundry Inhabitants of Norfolk Town, whofe names are thereunto fubfcribed, was prefented to the Houfe and read, complain 'g of great damages done to the Inhabitants of the s'd Town, by great numbers of Hogs which are fuffer'd to go at large in & about the fame, and praying relief therein.
to inquire
s'd

how

have power to fend

Order'd,

(lO)
reftrain Hogs from going at large That leave be given to bring in a Bill to Town. in and about the faid parifh of Wtlperfons who were formerly Veftry-men of the fundry of petition A Glebe, Books. the that praying parifhes. mineton lately diffolved & annex'd to other fold, and the be may parifh Church of the faid Plate & other Ornaments belonging to the among the parifhioners was prefented to the Houfe & read
Order'd.

money

diftributed

That the faid petition be Rejedled the felling the Glebe lately belongOrder'd, That leave be given to bring in a Bill for and for difpofmg of the money arifmg ing to the diffolved parifh of Wilmington afores'd, Egglefton do preEaton & from the fale thereof, to pious ufes; and that M^ Blair M^
Refolvcd,

pare and bring in the fame. that they had had M' Efcridge reported from the Com'ee of Privileges & Elec'ons for eleAing Burgeffes under their confider'on the Forms of the Returns of feveral Writs agreed upon a Report, which he to ferve in this prefent General Affembly, and had Table, where the fame was again the at it in read in his place, and afterwards deliver'd
read.

That the Houfe will take the faid Report into confideration to morrow. Then the Houfe adjom'd till to morrow morning ii a clock.
Refolved,

fFednefday, February

7,

1727.

a Clerk to the Com'ee of Elec'ons & Privileges. And the queftion was put, that a Clerk be appointed to the s'd Committee. It pa ffed in the Negative. confider'on of the Report according to order proceeded to the The Houfe made yefterday from the Committee of Elections & Privileges, and the fame being read, fome amendments were made therein, and is as follows. Upon confideration of the feveral Returns on the Writs for Eledlions of Burgeffes to ferve in this prefent General Affembly, It appears to this Com'ee, That the returns of the following Writs are made in the Form prefcribed by Law, viz't. The Returns of the Writs for the Coimties of Henrico, Prince George, Surry, Ifh of Wight, Nanfemond, Norfolk, Prince fs Anne, Elizabeth City, Warwick, James City, Hanover, King William, Middlefex, Spotfilvania, Weftmoreland, Lancafter and the Return for

AMOTION was made

for appointing

James City and that


It

appears to this Com'ee, That the Returns of the following Writs are not
prefcribed by Law,
viz't.

made

in

the

Form

The Returns of the Writs for the Counties of Charles City, Glocefter, King & Queen, Effex, King George, Richmond, New Kent, Stafford, & Accomack. Order'd, That the Sherifs of the Counties of Charles City, Gloster, Effex, King George, Richmond, New Kent, Stafford & Accomack be fent for in cuftody of the Serjeant at Arms attending this Houfe, to amend their refpedlive Returns afores'd. The Houfe being inform'd That the Sherif of the Coimty of King & Queen attended at the door, and praied the leave of the Houfe to amend his Return of the Writ for elecfting Burgeffes to fer\'e in this General Affembly for the faid County, He was called in, and amended the fame at the Table. M' Harrifon reported from the Com'ee of Propos'ons & Grievances that they had, according to order, infpefted the Journal of the laft Seffion of the laft Afs'ly and had drawn up a ftate of the matters then depending & undetermined, and of the progrefs that was made therein, which he read in his place and deliver'd in at the Table, where the fame was again read, and is as follows,
It


(ll)
It

appears by the faid Journal.

"That the Attomies of Col. Alexatider Spotfwood were order'd to prepare an account how the mony put into his hands by one Adl of Affembly made in the year 1720, for eredling the Counties of Spotfilvania & Brunfwick and granting certain Exemptions & benefits to the Inhabitants thereof, had been difpofed of, and that they fhould lay the fame before the Houfe of Burgeffes at the then next Seffion of Affembly. "That upon confider'on of the propos'on of Alexander Forbes Clerk That no vagabond Couple be fufTered to cohabit under colour of a married ftate, without exhibiting credible Teftimony to certifie their marriage and the lawfullnefs thereof. It was Refolved, That the fame fhould be referred to the confider'on of the next Seffion
of Affembly.

"That it was Refolved That the Grievance complained of by the Inhabitants of Accomack County, occafioned by their then prefent Veftry fhould be refer'd to the confider'on of the next Seffion of Affembly, To the end the faid Veftry might have an

made to that Affembly by the InhabiCoimty of Spotfilvania for laying out a Town on the lands of Thomas Buckner & John Royfton, and alfo for laying out fifty acres of land on the mouth of Maffaponax Creek, to the end one other Town may be built in the faid County, fhould be refer'd to the confider'on of the next Seffion of Affembly. "That a petition of fundry perfons, whofe names are thereunto fubfcribed, in behalf of themfelves and the greater part of the Freeholders & Inhabitants of Elizabeth City parifh complaining of great hardfhips they had for many years labor'd under by reafon of certain perfons affuming to themfelves, without lawful Authority, & excercifing in an unjuft manner the power of Veftry-men of the s'd parifh, and praying That the faid Veftry might be diffolved, and the Inhabitants admitted to make choice of another Veftry, and that a new Church which they were about to build, might not be built in the place where they intended to build the fame, it being remote from the greater number of the s'd Inhabitants, was order'd by that Affembly to be refer'd to the confideration of
tants of the

opportunity of juftifying their proceedings. "That it was Refolved That the propofitions

the next Seffion of Affembly.


Refolved,

That the Houfe

will

take the faid Report into confider'on to morrow.

whofe names and read, complaining that the prefent adling Veftry of the s'd parifh, derive their Authority from perfons who had no lawful power to chufe Veftry men, and that they are guilty of divers arbitrary & illegal proceedings in the Execution of their Office. Refolved, That the Houfe will take the f'd petition into confider'on when that part of the faid Report from the Com'ee of Propos'ons & Grievances which relates to the fame matter is confider'd. A Complaint being made to the Houfe that James Wallace & Jacob Walker Gent, two of the Juftices of the peace for the County of Elis'a City, at a Court of Claims lately held in the faid County, had refufed to do their duty in certifying the faid petition, which was prefented to them by the Petitioners according to Law. Order'd, That the s'd James Wallace & Jacob Walker be fent for in cuftody of the Serjeant at Arms attending this Houfe, to anfwer the s'd complaint at the Bar of the
are thereunto fubfcribed,

A petition of fundry

Inhabitants of the parifh

& County of Elis'a City,

was prefented

to the Houfe,

Houfe.

M' Efcridge reported from the Com'ee of Eledlions & Privileges, That they had had under their confider'on the petition of fundry Freeholders of the County of Northumb'l'd complaining of an under Eledlion & Return of M"' Pre fly to ferve in this General Affembly for the s'd County, and of several undue practices of the Sherif of the faid County in
taking the Poll, and had agreed upon a Report, which he read in his place,
delivered in at the Table, where the

&

afterwards

fame was again read. Refolved, That the Houfe will take the faid Report into confideration to morrow. Then the Houfe adjom'd till to morrow morning 11. a clock.

Thurfday,

(I2)

Thurfday, February

8,

1727read, praying that

A
liver'd

PETITION of Henry Briggs was prefented to the Houfe & the Office of he may be allowed his ufual Salary for doing
Order'd,

Interpreter to the

the firft day of this inftant. Nottoway Indians from the 17th of May 1726 to That the s'd petition be refer'd to the confider'on of the Com'ee

of public Claims,

&

that they do examine the matter thereof,

&

report the fame with

Grievances, That they M' Harrifon reported from the Com'ee of Propos'ons & Laws, which are expired or near had, according to order, infpecfted the temporary in his place & afterwards deread he which expiring, and had agreed upon a Report,

their opinions thereon to the Houfe.

where the fame was again read, & is as follows. Viz't " the Fees of the Secretary County It appears to the Com'ee That the Act for fettling afceriaining the Fees of Attorthe and for Conftables Court Clerks Sherifs Coroners & of Affembly. Seffion this nies in a Bill of Cofts, will expire at the end of continued & amended. It is the opinion of this Com'ee That the s'd Adt be " That the Ad for reviving the ad intituled an ad for fecurity and defence of the Counit

in at the Table,

try in times of

danger will expire on the twelfth day of May next. It is the opinion of this Com'ee That the faid Adt be continued. more effectual improving the Staple of Tobacco will "That the Ad for the better

&

expire at the end

of this Seffion.

be prepared for the better and more effedual improving the ftaple of Tobacco, This Com'ee are come to no Refolution thereon. Refolved, That the Houfe doth agree with the faid Committee. Order'd, That a Bill be brought in for continuing & amending the Ad for fettling

But the Houfe having Refolved that a

Bill

Conftables, and for County Court Clerks Sherifs Coroners afcertaining the Fees of Attornies in a Bill of Cofts, and aKo that a Bill be brought in more effedual improving the Staple of Tobacco, and to continue The Ad for the better Propos'ons & Grievances to prepare & bring in the faid the Com'ee of it is refer'd to
the Fees of the Secretary,

&

&

Bills.

Order'd, That the s'd Com'ee do prepare & bring in a Bill For the ereding a LightHoufe upon Cape Henry, alfo, a Bill for the better & more effedual improving the Staple of Tobacco, purfuant to the Refolutions of the Houfe on Monday laft. M' Harrifon alfo reported from the Com'ee of Propos'ons & Grievances, That they had had under their confideration feveral propos'ons & Grievances from fev'al Cotmties, and had agreed upon a Report which he read in his place, and afterwards delivered it in at the Table, where the fame was again read, & part of the faid Report was agreed to by the Houfe, as follows. " Upon confider'on of feveral propos'ons from James City, King & Queen, King William, Lancafter & Middlefex Counties for repealing or amending the Ad declaring
the

Law
"

concerning Executions.

Refolved,

That a

Bill

be brought in for

Upon

confider'on of the feveral propos'ons from

amendment of the faid Adl. King Wm. & Hanover

Counties,

That the Clearing Pamunkey River may be a public charge. Refolved, That the faid Propofitions be Rejedled. " Upon confider'on of the petition from Spotfilvania County, praying that a Town may be laid out at the leafe land plantation upon Rappahan'k River in the faid County. Refolved, That a Bill be brought in for laying out the s'd Town accordingly. " Upon confider'on of a propos'on from James City County That an A(5l be made
againft gaming.
Refolved,

That a

Bill

be brought in to prevent Gaming.

confider'on of the Grievance from Surry County That the making Negros real Eftate fhould not fubfift any longer, and praying the fame may be repealed or explained.

"Upon

Ad

Refolved,


(i3)
Refolved,
"

That a

Bill

be brought in for explaining


of this Country,

&

Upon

confider'on of a propos'on from Surry County,

amending the faid Adt. That a Law may be made


Immorality

to enforce the penal


Vice.

Laws
Bill

and

efpecially thofe againft

&

Refolved,
"

That a

be brought in accordingly.

King Wm. & Hanover Counties That Negros be not permitted to keep Water mills and that the Toll be lefs'ned. Refolved, That the s'd Propos'ons be Rejedled. "Upon confider'on of the petitions from King & Queen and King William Counties

Upon

confider'on of the feveral propos'ons from

to be divided.
Refolved,

King

&

That a Bill be brought in for eredling a new Coimty on the heads of Effex, Queen, and King Wm. Counties, by a line to be run from the mouth of Portobago

Creek to Pamunkey River paralel with the lower line of Spotfilv'a Co'ty. " Upon conlideration of feveral propos'ons from Weftmoreland and Effex Counties, That an Adl be made to prohibit Mares from ruiming at large, and that every perfon be obliged to keep their Horfes & Mares on their own Land. Refolved, That a Bill be brought in for the more effedlual improving the breed of
Horfes.

And
a
Bill

to one Vote of the s'd Com'ee, upon a propos'on from Lancafter County, That be brought in to leffen the Burgeffes Salaries, the Houfe difagreed.

Order' d
fev'l Bills,

That the Com'ee

of Propos'ons

&

Grievances do prepare

&

bring in the

purfuant to the faid Refolutions. of fundry Inhabitants of that part of the parifh of St. Peters, which was formerly a part of the diffolved parifh of Wilmington, whofe names are thereunto fubfcribed, praying that a Chappel of Eafe may be built in the s'd parifh convenient to the

A petition

Inhabitants of that part of the parifh.

was formerly a part


the parifh the Houfe

Alfo a petition of fundry Inhabitants of that part of the parifh of Blifland which of the s'd diffolved parifh of Wilmington, praying that that part of

may

be united to the parifh of the

St. Peters,

were feverally prefented to

&

read.

Refolved,

That the

faid petitions be Rejedled.

Order'd That the Report from the Com'ee of Propos'ons

&

Griev's

and the Report

from the Com'ee


M''

of Eledlions

&

Privileges, refer'd to be confider'd to day, be further

refer'd to be confidered to

morrow.

& Privileges, that they had infpedled the feveral Returns of the Writs for eledling of Burgeffes to ferve in this prefent General Affembly for the Counties of York and Northampton, and alfo the Return
Efcridge reported from the Com'ee of Elec'ons

Writ for eledling a Member for the City of Williamfburg and that the fame were made in the form prefcribed by Law. The Houfe was acquainted That John Holloway Efq'' Speaker of this Houfe is retum'd one of the Burgeffes for the County of York, and alfo a Member for the City of Williamfburg. But that M"' Edward Tabb for fome time before & fmce the begitming
of the
of this Seffion

the s'd County:

appointed by

Return for notice hath been given to the s'd Tabb of the time this Houfe for prefenting fuch complaints; and he hath been feveral

had given

out, that^he intended to queftion his Eledlion

&

Whereupon due

times requefted to lodge his petition accordingly, to the end the fame might be fpeedily heard & determined. Which, notwithftanding the Order of the Houfe, he hath refufed to do, declaring that he would not prefer any petition until M'' Speaker fhould make his Eledlion, for which of the s'd places he would ferve, hoping thereby to oblige him to make his Eledlion for the faid City, fo that a new Eledlion for the County would follow
of courfe.

Refolved
in his behalf

Nem. Cont. That no petition of the s'd Edward Tabb, or of any other perfon whereby to queftion the Eledlion & Return of John Holloway Eiq' Speaker
of

14

of this

Affembly as a Burgefs for the County of York the Houfe this day. be received after the riling of u- vi Eiq' Speaker of this Houfe do make his Elec on Ordcr'd, That the s'd John Holloway
Houfe to ferve
in this General

,,.,,
a clock.

to

morrow for which of the faid places he will ferve. Then the Houfe adjom'd till to morrow morning

1 1

f
j

Friday, February 9, 1727.

THE

Houfe being inform'd that the Sherif of Effex attended at the door in cuftody of Burgeffes to ferve in this to amend the Return of the Writ for eledling prefent Gen'l Affembly for the s'd County. Ordered That he do amend the faid Return.
accordingly,

Which was done


Ordered,

&
of Cuftody,

That he be difcharged out

paying his

fees.

M^ Speaker, according to Order, as a Burgeff for the Covmty of York.


Order'd,

made

his Eledlion to ferve in this Gen'l

Affembly

Latir. Smith, M' Henry Wills, M' Eaton & M^ Eggleftone That M' Blair, do wait upon the Governor and defire that a new Writ may iffue for eleAing a Member to ferve in this Gen'l Affembly for the City of William fbiirg, in the room of John Holloway Efq'. who hath made his Eleftion to ferve for the Covmty of York. M' Harrifon reported from the Com'ee of Propos'ons & Grievances that they had had under their confider'on feveral Propos'ons & Grievances from feveral Counties,

and had agreed upon a Report, which he read in his place, at the Table, where the fame was again read, and agreed
follows,

&
to,

afterwards deliver'd

it

in

with an amendment, as

"Upon confider'on of a Propos'on from Northampton County, That Copper money may be made currant in this Colony.
Refolvcd,

That the

faid

Proportion be Rejedled.

& Accomack Counties That encouragement may be given for Killing Eagles Squirrels, and Crows. Refolved, That the s'd Propos'ons be Rejefted. "Upon confider'on of a propos'on from Northampton Coimty That an Adl be made
"Upon
confider'on of feveral Propos'ons from Northampton
for the better preventing the tending of Seconds.

That the fame may be properly confider'd by the Bill to be brought in for the better & more effectual improving the Staple of Tobacco. "Upon confider'on of a Propos'on from Accomack County That Juftices of the Peace may be impowered to determine any matter imder Five hvmdred pounds of Tobacco or
Refolved,

Fifty fhillings.

"And

of

another Propos'on from the

s'd

County That upon the death

of

any Veftry

man

the County

may have
s'd

a free Elecftion of another.

Refolved,

That the

Propos'ons be Rejedled.

may

County praying That the s'd County be bounded Weftward by a line beginning on the bounds of Hanover Cotmty to run down the Eaft branch of Tuckahoe Creek called the deep Rvm and down the s'd Creek to the mouth thereof and a streight line croffing James River to the mouth of Skin quarter Creek on Appomatox River and that the Land Weftward may be made a new County.
Refolved,

"Upon

confider'on of a Petition from Henrico

That a

Bill

be brought in for dividing Henrico County.

to prevent

County That an Adl may be made any abtifes in taring tobacco Cafk. Refolved, That the fame is already fuflficiently provided for by Law. Ordered, That it be an Inftruftion to the Com'ee to whom it is refer'd to prepare & bring in a Bill for the better & more efTedtual improving the Staple of Tobacco, to bring
in

"Upon

confider'on of a Propos'on from Hanover

a claufe for the better preventing the tending of Seconds.


Order' d,

(is)
That the Com'ee of Propos'ons & Grievances do prepare & bring in a Bill for dividing the County of Henrico The Houfe being informed That the Sherif of New Kent attended at the door in Cuftody, to amend the Return of the Writ for eledting of Burgeffes to ferve in this General Affembly for the s'd Coimty. Order'd, That he do amend the s'd Return which was done accordingly. Order'd, That he be difcharged out of Cuftody, paying his Fees. Order'd, That M'' Francis Willis be added to the Com'ee of Propos'ons & Grievances. A Bill for further continuing the Ad intiuded an Ad for Security & defence of the Country in times of Danger, was read the firft time & Order'd to be read a fecond time. A petition of Charles Kymball was prefented to the Houfe & read praying that he may be allowed his ufual Salary for doing the Office of Interpreter to the Sappony Indians, from the 17th day of May 1726. to the firft day of this inftant Order'd, That the s'd Petition be refer'd to the confider'on of the Com'ee of public Claims, and that they do examine the matter thereof, and report the fame with their
Order'd,

Opinions thereon to the Houfe. The Houfe according to Order proceeded to the confider'on of the Report made by the Com'ee of Elec'ons& Privileges in relation to the Northiimberl'd Eledlion, and the fame

was read, & is as follows. "The Com'ee having had under their confider'on the petition of Forty nine Freeholders of the Coimty of Northumberland whofe names are thereunto fubfcribed; complaining of an undue Eledlion & Return of M"' Peter Pre fly to fer\'e in this Gen'l Affembly as Burgefs for the s'd County, and of feveral undue praftices of the Sherif of that County
in taking the PoU.

They do
followeth.

report the matter of the s'd complaint as

it

doth appear to them, as

"That at the Election of the s'd Coimty the 23d day of January 1727 M'' Prefly, Members, & M"' Carter & M"" Neal were Candidates. After reading the Writ, the Candidates went into the Court Houfe, and a number of people in the Court cried out for M"' Prefly, who asked, if any body oppofed him, or otherwife he faid he thought he might be return 'd by a general Voice; to which none of the Voters obAfter which fome of the Candidates feem'd to be diffatisjedled, fo he was proclaimed. fied, & defired to have a Poll, M'' Carter complaining that this way of proceeding was very irregular, for that, tho the Sherif bylaw might return upon a View, yet it was impoffible to determine the Eledlion that way, unlefs M"' Prefly would draw all his votes together. Upon which M-- Prefly agreed a Poll fhould be taken And after the names of about twenty Freeholders were fet down in the Poll for M-- Prefly, which exceeded the number of Votes for any other Candidate confiderably feveral others of M"' Prefly' s Voters voted only for one perfon, and when they were told that they ought to give two votes, M"" Prefly faid they would run the hazard of being fined, then they faid they would give their other vote afterwards; Then M"- Prefly moved That he might be returned with the general Voice faying That no body had poU'd againft him, and the Candidates agreed to it He told the Sherif to ask, if any body oppofed it, & no body faying any thing againft it, the Sherif went out, & proclaimed M"- Prefly chosen a Burgefs the fecond time. After this, the Poll went on for the other Candidates and feveral perfons came in & offer'd to give their Votes for two perfons, but were told by the Sherif, They could vote for but one, fmce M"- Prefly was already proclaimed And it appears by the Poll that there is but one or two that gave two Votes, and one of them was at firft refufed, but infifting upon his Right, he was admitted to vote for M-- Ball & Carter and it appears that another perfon told the Sherif, he would have two votes, & that it was not in his power to hinder him: The Sherif bad him be gone, the Man anfwer'd, he would not be gone, for he had a Right to ftand there upon which the Sherif told him, he would break his Head, and he anfwer'd he would break the Sherif 's head but was admitted to give but one Vote. It further appears to the Com'ee, That a great many Freeholders were diffatisfied with

Ball, the fitting

(i6)
near Fifty Freeholders were refufed the liberty of giving with this proceeding, and that they would vote for M' Carter if they might be adtwo votes & feveral of them declared give no vote, becaufe they were not admitted to mitted, aAd two Freeholders would
vote for more than one. And thereupon the Com'ee do Refolve taken accord 'g to the methods "That the Poll at the s'd Eledlion was not regularly not duly eledled to f erve as Burgeffes prefcribed by Law and that M' Pre-jly & M' Ball are
in this prefent General

Affembly

Order'd,

That the

fitting

County of Northumberland. leave to offer what they have to have Members


for the

fay,

&

then

withdraw. And they did accordingly feverally ftand up in their places & delivered what they had to fay in maintenance of their Elec'on, & then withdrew. Upon a Motion the Houfe refolved it felf into a Com'ee of the whole Hoiife to conSpeaker reiumed the Chair, fider the s'd Report. And after fome time fpent therein M'

and M^ Harrifon reported from the Com'ee, That they had confider'd the feveral Fads ftated in the s'd Report, and were of opinion, That the Refolution of the s'd Com'ee
thereupon, be not agreed
Refolved,
to.

That this Houfe doth not agree to the Refolution of the Com'ee of Elec'ons the Poll at the s'd Eledlion was not regularly taken according to the That & Privileges, Ball are not duly eledled to ferve methods prefcribed by Law, and that M' Prefly & as Burgeffefs in this pres't Gen'l Affembly for the Covmty of Northumberland. Refolved, That M^ Prefly & M^ Ball are duly eleded to ferve as Burgeffes in this prefent Gen'l Affembly for the Coimty of Northumberland. Order'd, That the Report of the Com'ee of Propos'ons & Griev's refer'd to be confider'd to day, be further refer'd to be confider'd to morrow. Then the Houfe adjom'd till to morrow morning, ii a clock.

Saturday, February
Ordered

lo, 1727.

THAT
A

M"' Crawford have leave to be abfent from the fervice of the Houfe' till Wednefday next. Order'd, That M"' Mead have leave to be abfent from the fervice of the Houfe 'till Thurfday next. Bill for further continuing the Adl intituled an Ad For Security & defence of the

Country in times

of danger,

was read a fecond

time.

Order'd, That the Bill be ingroffed. A petition of Henry Embry, William Wynne & Richard Burch was prefented to the Houfe and read, praying that they may be rewarded for their Trouble & the hazard they run in apprehending two Negro Slaves belong 'g to M'' Henry Maynard, who after murdering their Mafter in a ver>' barbarous manner, armed themfelves and fled. Order'd, That the s'd petition be refer'd to the confider'on of the Com'ee of public Claims, and that they do examine the matter thereof, and report the fame with their opin-

ions thereon, to the Houfe.


Order'd, Order'd,

That M'^ Attorney General be added to the Com'ee of Propos'ons & Griev'ces. That a Committee for Courts of Juftice be appointed of the following

perfons.

ing
for

M^ Kemp. M^ Meriwether. And they are to fit in the Clerk's Office, and to inquire into the methods of proceed-^ in the Courts of Juftice and the occafions of the delaies therein, and to prepare a Bill amending the defe(5ls of the Laws now in force relating to the feveral Courts of the
\

M' Conway W Efcridge W Blair.

M' Attorney General


M"'

Tayloe.

Colony,

17)
:

Colony, and for the expediting of Btifinefs And the Com'ee are to appoint a Clerk to attend them, and to have power to fend for perfons, papers & Records for their information.

at the door in Cuftody, to anfwer at the

James Wallace attended a Complaint made againft them for refufing to do their duty, as they are Juftices of the Peace for the County of Elis'a City in certifying a Grievance of feveral Inhabitants of that County, which was regularly prefented to them at a Court held before them & others for that purpofe: They were brought to the Bar and M"' Speaker by the Order of the Houfe, acquainted them with the matter of the Complaint, and required them to give their Reafons, why
M"'
M"'

The Houfe being acquainted That

Jacob Walker

&

Bar

of the Hoiife

they refufed to do their duty on this occafion. Whereupon M'' Walker fpoke to this effedl.

Speaker imderftand we are brought hither to anfwer a Complaint againft us, for not doing our duty in certifying a petition prefented to us, as the Grievance of the People, at a Court held in our County for certifying public Claims & Griev'ces, purfuant to a
"M"'

We

Law

of this Colony.

do acknowlege, a petition to which many names were fubfcribed was prefented to us by M' Robert Armiftead and one Michael King, who infifted to have it certified according to Law. We read the petition, and found that, except the five firft Subfcribers, none of the names were written with the proper handwriting of the perfons whofe names were there fubfcribed, and that one of the perfons who prefented the petition had not fign'd his name to it And befides, we knew that every part of the petition was groundlefs & falfe, and contain 'd a very unjuft Refledlion upon us that were Veftry men of the parifh, and that it did likewife in fome meafure arraign the Adminiftration of the Government here, for that particular matter which concern 'd the placing of the Church was determined by the Governor & Council, upon hearing of all parties. We confider'd the Law by which we were bound to certifie Grievances, which is very exprefs, that all Grievances to be certified muft be fign'd by the perfons prefenting the fame, which we acquainted M'' Armiftead with; And for want of his name and becaiafe we were well fatisfied that the Subfcriptions were not genuine, we refufed to cer;

We

tifie

it.

fcientious

can anfwer for ourfelves that we adled herein very impartially & with a conRegard to the Law and our Duty: And if we have been miftaken, it was an Error of our Judgment, for which we hope we fhall not be cenfured." And then they withdrew, & after fome time were called in again. And M"^ Speaker by the Order of the Houfe acquainted them, That it was the opinion of this Houfe, That they had been guilty of an Error in refufing to certifie this petition
it

We

was no part of their Bufinef s to inquire into the matter of it, & they ought to have purfued the Law, notwithftanding one of the perfons who prefented it, was not a Subfcriber But that the Houfe was difpofed to deal as favorably with them as poffible, and had Order'd them to be difcharged out [of] Cuftody, paying Fees. Then the Houfe according to Order proceeded to the confider'on of the Report of the Com'ee of Propos'ons & Griev's touching feveral matters refer 'd by the laft Seffion
for that
:

of the laft

Affembly to the confider'on

of this prefent Seffion.

And

the s'd Report

was

read, together with the petition of fundry Inhabitants of

& County of Elis'a City complaining of the illegal Conftitution of their prefent Veftry, and of their arbitrary & unjuftifiable proceedings. Order'd, That M'^Cr^ew^, the Agent & Attorney of CoVo Spot (wood, do lay before this
the Parifh

Houfe by Monday fortnight, an Account how the


of Afs'ly

mony put

into his

hands by an

A(5l

made

in

the year 17 20, for eredling the Counties of Spotfilvania

& Brunswick,
Order'd,

&

for granting certain


of.

exemptions

&

benefits to the Inhabitants thereof, hath been dif-

pofed


(i8)

whom it is refer'd to prepare & be an Inftrudion to the Com'ee to efpecially those againft Vice the penal Laws of this Colony & brine in a Bill to enforce prevent Vagabonds cohabitmg as Man & Wife, & Immorality to bring in a Claufe to lawfully married. fufficient Teftimony of their being unlefs thev can produce fome the prefent Veftry of diffolvmg for Bill to bring in a Order'-d That leave be given chufing a new Veftry for the County of Accomack, and for the Parifh of Accamack in
Order'd

That

it

Inhabitants of the parifh of Elis a City, prefented to Order'd That the petition of the complaining of their Veftry, which was refer'd to the the laft Seffion of the laft Affembly, and alfo the petition of the s'd Inhabitants preconfider'on of this Seffion of Affembly, matter, be refer'd to the confider'on of the fame the fented to this Houfe, touching & Griev's, and that they do examine the Allegations of the s'd
Propos'ons fhall appear to them, with their Opinions thereon, petitions, and report the matter as it to the Houfe. heard by themfelves. or their Council, Order'd, That both parties have leave to be s'd Petitions. before the s'd Com'ee, upon the matter of the

the faid Parifh.

ri.

r zr;

^^

Com'ee

of

Then the Houfe adjom'd

till

Monday morning

ii.

a clock.

Monday, February 12, 1727.

THE

Houfe being inform 'd That the Sherif of the County of Glocefter, and the Sherif of the County of Charles City, attended at the door in Cuftody, to amend their refp've Returns of the feveral Writs for eledling of Burgeffes to fer\-e in this prefent General Affembly for the Counties afores'd

That they do amend their faid Returns. Which was done accordingly. Order'd, That they be difcharged out of Cuftody, paying Fees. A motion was made for leave to prefent a petition of fundry Freeholders of the County of Weftmorland, complaining of an undue Eledlion & Return of M"' Thomas Lee and M' George Efcridge to ferve as Burgeffes in this General Affembly for the faid
Order'd,

County.

And

after a debate the Queftion

was put
Refolved in the Affirmative

That the

faid petition be received.

And

the fame
Order'd,

was

read.
s'd petition be refer'd to the confider'on of

That the

&

Elec'ons and that they do examine the matter thereof,

the Com'ee of Privileges and report the Same with their


intit'd

opinions thereon, to the Houfe.

Bill'

intituled

an

Ad

for further continuing the

Ad

an

Ad

for Security

&

defence of the Country in times of Danger,


Refolved,
Order'd,

was read the third time.


Bill

That the Bill do pafs. That the Com'ee who prepared the faid

do carry the fame to the Council

and

defire their

bring in a Bill for the better


in

whom it is refer'd to prepare & improving the Staple of Tobacco to bring one or more Claufe or Claufes for limiting the number of plants hereafter to be planted. Then the Houfe adjom'd till to morrow morning 11. a clock. &
more
effedlual

Concurrence thereto. Order'd That it be an Inftrudlion to the Com'ee to

Tuefday, February
Order'd,

I'l.

1727.

THAT
&

M^

Kemp

petition

prefented

&

be added to the Com'ee of Privileges & Eledlions. of Henry Scarhurgh was with the leave of the Houfe read, complaining of an undue Eledlion of M^ Andrews
for

M' Parker to ferve as Burgeffes

the

County

of

Accomack,

in

injury to the Petitioner.

Order'd,


(19)
Ordered,
i& Eledlions,
;heir

That the s'd petition be refer'd to the Confider'on of the Com'ee of Privileges and that they do examine the matter thereof, and report the fame, with
of this

Opinions thereon, to the Houfe.

M' Andrews, a Member


ofsly
(of

abufed
d.

&

affronted this

Houfe complained to the Houfe, that he had been day, by one Edward Weft, in breach of the Privilege
of

this Hoiofe.

Order

That the

s'd

Edw. Weft be taken into Cuftody

the Serjeant at

Arms

[attending this Houfe, and that he anfwer the s'd complaint at the Bar of the Houfe. M'' Attorney General reported from the Com'ee of Propos'ons & Griev's, that they had, according to Order, prepared an Addrefs to the King, which they had diredted him to report to the Houfe, & he read the fame in his place, and afterwards deliver'd it in at the Table, where it was again read, & agreed to. Order'd, That the s'd Addrefs be fairly tranfcribed and a Blank left for the Council, and that the Com'ee of Propos'ons & Griev'ces do carry the fame to them, and defire
their

Concurrence thereto.

Tyler was prefented to the Houfe & read, praying to be allowed fome recompence for his Service in overfeeing the building and finifhing the Magazine & the two wings of the Church, which were built by the Donation of the General Affembly. Order'd, That the s'd petition be refer'd to the confider'on of the Com'ee for Public Claims, and that they do examine the matter thereof, and report the fame with
their Opinions thereon, to the Houfe.

A petition of John

M' Efcridge reported from the Com'ee of Privileges & Eledlions, that they had had under their confider'on the petition & complaint of Henry Scarburgh againft the Eledlion for the County of Accomack, that they had examined feveral Witneffes touching the matter of the faid complaint, and heard the parties thereupon, and that none of the Allegations of the petition were fufificiently proved, and that they were come to a Refolution thereupon, which he read in his place & afterwards deliver'd it in at the Table, where the fame was again read, & agreed to by the Houfe, as follows Refolved, That M'' William Andrews and M"" S acker Parker are duly eledled to ferve as Burgeffes in this General Affembly for the County of Accomack.

Then the Houfe adjom'd

till

to

morrow morning

ii a'clock.

Wednefday, February 14, 1727.


Order'd,

THAT
j

M"'

Dangerfield have leave

Order'd,

That
til

of the

Houfe

to go home on extraordinary occafions. Bou-jh have leave to be abfent from the fervice Monday next.
M''

M'' Harrifon reported from the Com'ee of Propos'ons & Griev'ces That they had had under their confider'on a petition of the Briftol Iron-mine Company, to be exempted from paying Taxes, and had come to a Refolution thereon, which he read in his place, & afterwards deliv'd it in at the Table, where the fame was again read &

agreed to as follows.
in Iron-works, be brought in for that purpofe. Order'd, That the faid Com'ee do prepare & bring in the faid Bill A petition of fundry Inhabitants of the County of Northumberland, whofe names are thereunto fubfcribed, was prefented to the houfe & read, complaining that by the bounds lately eftablifh'd between the s'd County and the County of Lancafter, they are taken into two parifhes, in the County of Lancafter, whereby they are become very remote from their parifh Churches, whereas before they were reputed Inhabitants of Wiccocomico Parifh in the County of Northumberland, where they were conveniently

Refolved,

That fome Encouragements be given to Adventurers

and that a

Bill

fituated for the


s'd parifh of

Church

of that Parifh,

&

praying that they

may

be continued in the
Order'd,

Wiccocomico.

(20)
be refer'd to the confider'on of the Com'ee of Propos'ons Order' J That the s'd petition examine the matter thereof, and report the fame, with Griev's. and that they do

and

the Houfe. their opinions thereon, to Bill for prei'enting of Exceffive

Alfo, a Bill
Alfo',

Bill

and deceitful gaming. Henrico. for dividing the County of large within the at running Swine to prevent

limits of the

Town

of Norfolk.

Were at the Door in Cuftody & The Houfe being inform'd That Edward Weft attended affronting M^ Andrews, in Offence his acknowledge pray'd to be admitted humbly to this Houfe, for which he of Privilege Member of this Houfe yefter'day in breach of the
a

the parifh of Accomack, and for appointAlfo a Bill for diffolving the prefent Veftry of ing a new Election of Veftry-men. be read a fecond time. feverally read the firft time and order 'd to

was

heartily forry.

order of the Houfe, reprimanded A>idrews, and of this Houfe. M-of pardon by M' Speaker, and upon his knees afked Order'd, That the faid Edward Weft be difcharged out of Cuftody, paying Fees. A Meffage was deliver'd from the Council That they do concur with this Houfe in

He was called

in,

& kneeling at the Bar, was, by the

the Addrefs to His Majefty,


of the reft,

and that one


is

of their

number had

fign'd the

fame

in behalf

which Addrefs

as follows.

MOST GRACIOUS SOVERAIN


Your Majefty's moft dutiful & loial Subjeds the Council and Burgeffes of your antient Colony of Virginia humbly prefume upon this firft occafion of our meeting in a General Affembly to condole with your Majefty upon the Death of your late Roial Father of bleffed & glorious Memor>', which afflidled us in no lefs a degree than the lofs of fo good & fo renowned a King muft neceffarily affecft a dutiful & a grateful People. But when at the fame time we heard that Your Majefty was placed in Peace upon Your Throne, when we faw all Orders & Conditions of Men haftening to acknowledge Your undoubted

many Roial Virtues, the greatwhich are fo confpicuous in Your Majefty, and add the brighteft Luftre to the Crown upon Your Head, and all Factions & Parties as it were at length confeffmg themfelves convinced that the Intereft & Security of the Britifh Nation are infeparable from Your Illuftrious Houfe, it was impoffible that our Sorrow fhould
Right

& Title,

declaring the juft Senfe they have of thofe

eft

Ornament

of Princes,

not be turned into Gladnefs.

And

the Meafure of our Joy

is filled

when we behold that Moft Excellent Perfon, Our

Gracious Queen, abounding in


diftinguifhed Charafter,
fedlly

all

the Virtues which are neceffary to finifh the moft

& educating with a pious Care her Roial Iffue, in principles peradapted to the Englifh Conftitution. It is the peculiar Happinefs of this Coimtry, that we are more than any other of the American plantations united in the Religion of the Church of England; and our Civil
by the fame excellent Laws which have ever been and have made them greater than any other People Therefore it merits our moft thankful acknowlegements that Your Majefty has been pleafed to declare Your Refolution to make the Eftablifhment in Church & State Your firft and alwaies Your chief Care. AND as we ha\-e alwaies been happy under the Proteftion & Government of the Crown of England, fo we already at this diftance feel the extenfive Influence of Your
Liberties are fecured to us

Rights

&

the Boaft of the Englifh Nation,

Your Majefty's Lieutenant Your Authority, fo he imitates Your Majefty's Piety, Moderation & Juftice: From whence we have no room to doubt but his Adminiftration will alwaies be acceptable to Your Majefty, and eafie to all Your |
Governor,

Majefty's juft

&

wife Councels, in placing over us M-- Gooch

who

as he reprefents

Your Sacred Perfon

in

People here.

MAY the God of


Your

Subjefts. that valuable Life

Heaven long continue to your felf. to your Roial Confort, and all on which the public Weal fo much depends. May
there


(2l)
want one of Your Roial Line to fit on the Throne of Great Britain, and may Yotir Majefty & Your Roial Family be revered while on Earth, & afterwards recorded in Hiftory with greater Fame & Glory than Your Roial Predeceffor from whom this
there never

Colony has
Ordered,

it's

Name
of

Grievances do wait on the Governor to know when he will be attended by this Ho\afe with the s'd Addrefs. And the faid Addrefs was fign'd by the Speaker.

That the Com'ee

Propos'ons

&

Then the Houfe adjom'd

till

to

morrow morning

ii a clock.

Thurfday, February 15, 1727,

THE
A

Houfe being inform'd that the Sherif of the County of Richmond, and the Sherif of the County of King George, attended at the Door in Cuf tody to amend their refpedlive Returns of the feveral writs for eledling Burgeffes to ferve in this General Aifembly for the Counties aforefaid. Order'd, That they do amend their faid Returns, which was done accordingly. Order'd, That they be difcharged out of Ctiftody, paying Fees.

Bill to enable William Farrar & Thomas Farrar to fell & convey certain intailed Negros of greater value to the fame ufes, was read the and lands, for fettling other lands firft time & ord'd to be read a 2d time. Order'd, That M'' Lee, M^ H Armiftead & M^ Francis Willis be added to the Com-

&

mittee for Courts of Juftice. And that M'' Lee be alfo added to the Com'ee of Propos'ons

&

Grievances.

The Hoxife being acquainted That the fum of fixty pounds was by the order of the Gen'l Affembly held in the year 1720. paid to the Rever'd James Blair Clerk, Henry Gary & Robert Cobbs Church Wardens of the parifh of Briiton in the Covmties of York
and James City, for the defraying the charges of a Law-fuit between the then Lieutenant Gov and the Veftry of the faid parifh, concerning the Advowfon of the Church of the s'd Parifh, and that they the Survivor of them were to render an account upon Oath,

when thereunto
Order'd,

required,

how

the

mony

fhould be difpofed

of.

Truftees, do lay
of,

That the Reverend James Blair & Henry Gary the Survivors of the s'd an account before this Houfe, how the s'd fum of mony has been difpofed and that the Clerk of this Houfe do fend them notice of this Order. A Bill for dividing the Gounty of Henrico was read the fecond time & committed. A Bill to prevent Swine running at large within the limits of the Town of Norfolk was

read the fecond time

&

order'd to be ingroffed.

A
a

Bill for diffolving the prefent Veftry of the

parifh of

Accomack and

for appointing

new Eledion of Veftry men, was read the fecond time & committed. Then the Houfe adjom'd 'till to morrow morning 11. a clock.

Friday, February 16, 1727.


Harrifon reported, That the perfons appointed had, according to order, waited on the Governor, to know when he will be attended with the Addrefs of the Council & this Hottfe to His Majefty, and that he was pleas'd to appoint this day at one of the Clock in the Council Chamber. Order'd, That M'' Tayloe have leave to be abfent from the fervice of the Hottfe 'till Thurfday next.

MR.
A

of

Meffage from the Governor was deliver 'd by M'' Robertfon That the Governor was now ready in the Council Chamber to receive the Addrefs the Council and of this Houfe to His Majefty.

And


(22)
had attended the Governor reported That the Council & this Houfe had read it, the Gov'r reSpeaker and that after M' with their addrefs to His Majefty,

And M' Speaker


it

* ,. ^u <^ a-t n of Duty & Loialty are the Sentiments of all "Being convinced that thefe Profeffions fhould take particular Care that this Addrefs be prethe People of this Colony, He manner, that His Majefty may know how faithful fented to His Majefty in the beft His Perfon, Family and Government." & affectionate His Subjedls of this Dominion are to Northampton Crows in the Counties of Accomack jor killing Squirrels .
.

ceived

&

was pleas'd to

say,

Bill

&

&

fecond time. was read the firft time & order'd to be read a A Bill to enable Wm. Farrar & Tho". Farrar to fell convey certain mtailed lands, and Negros of greater value to the fame ufes, was read the fecond time

&

for fettling other lands

&

&

whom the Bill for dtffolvmg the M' Attorney General reported from the Com'ee to and for appointing a new Eledion of Veftry men, prefent Veftry of the parifh of Accomack Bill, which he read in his place, & afterwards the to Com'ee an amendment made by the Table, where the s'd Amendm't was deliver'd the Bill with the Amendment in at the
read
agreed unto by the Houfe. Order'd, That the Bill with the

committed.

&

Amendment be

ingroffed.

Bill for

preventing of exceffive & deceitful gaming,

was read the fecond time, and

committed.

of

an Ad to prevent Swine running at large within the limits of the Town the third time. was read Norfolk, Refolved, That the Bill do pafs. Crawford & M"^ Mufcoe do carry the faid Bill to the Order'd, That M-- Braxton

Bill intituled

Council for their Concurrence.

M^ Commiffary

Blair's account of the

mony

given by the General Affembly for


laid before the

determining the Right of Patronage of

the Parifh Church of Bruton, was

Houfe and read. Ordered, That the faid account do lie upon the Table. Then the Houfe adjom'd till to morrow morning 1 1 a clock.

Saturday, February

17,

1727.

THE
fame.

Houfe being informed that the Sherif of Stafford by reason of Sicknefs is & cannot attend to amend the Return of the Writ for eledling of Burgeffes to ferve in this General Affembly for the s'd Coimty & that the under-Sherif attended in his behalf & pray'd to be admitted to amend the
unable to travel,

Order'd, That the imder Sherif of the Coimty of Stafford do amend the s'd Return. Which was done accordingly. M' Kemp reported from the Com'ee to whom the Bill for preventing of exceffive & deceitful Gaming was committed, feveral amendments made to the Bill, which they had direded him to report to the Houfe & he read the fame in his place, & afterwards deliver'd the Bill with the amendm'ts in at the Table where the s'd amendm'ts were

read.

Report do lie upon the Table. Crows in the Counties of Accomack Northampton was read the fecond time & committed. A Bill intituled an Ad, for diffolving the prefent Veftry of the parifh of Accomack for appointing a new Eledion of Veftry men, was read the third Time. Refolved, That the Bill do pafs. Order'd, That M^ H. Willis, Andrews, M' Parker, Bowdoin & M' Mar fhall do
faid

Order'd,

That the

Bill for killing Squirrels

&

&

&

carry the s'd Bill to the Council for their Concurrence. Then the Houfe adjom'd till Monday morning, 1

1.

a clock.

Monday,


(23)

Monday, February 19, 1727.

County, & was difburfed by Wm. Barnet dec'd, her late Hufband who colledled and paid the faid Levy. Ordered, That the s'd Petition be refer'd to the confider'on of the Com'ee of public claims, and that they do examine the matter thereof, and report the Same, with their opinions thereon to the Houfe. M'' Clayton reported from the Com'ee to whom the Bill for dividing the County of Henrico was committed, feveral amendm'ts made by the Com'ee to the Bill, which they had directed him to report to the Houfe, & he read the Report in his place, & afterwards deliver'd the Bill with the amendm'ts in at the Table, where the s'd amendm'ts were read & agreed unto by the Houfe. And feveral Blanks in the Bill were filled up. Order'd, That the Bill with the amendments be ingroffed M' Clayton reported from the Com'ee of Propos'ons & Griev'ces, that they had had under their confider'on a petition of feveral Inhabitants of Elizabeth City Parifh to the laft Affembly, and of another petition from other Inhabitants of the s'd Parifh to this Affembly, praying, that the prefent Veftry of the s'd parifh may be diffolved & that they

PETITION

of Elizabeth Barnet

Widow was prefented

to the Hoiife

& read,

pray-

ing to be allowed in the public

Levy one thoufand poionds

of tobacco,

which

the County of Glofter had Credit for in the laft public Levy, by perfons

who

were not Inhabitants

of that

liberty to chufe a Veftr^' according to Law; and that the Com'ee had agreed upon a Report, which he read in his place & afterwards deliver'd it in at the Table where the fame was again read Order'd, That the faid report do lie upon the Table. The Houfe was called over, & all the abfent Members were excufed. Order'd, That the ballance of M"' Commiffary Blair's account of the mony given for

may have

determining the Right of Patronage of the Chtirch of the Parifh of Bruton being 1 1 7 2 be paid to John Holloway Efq'' Treafurer. Order'd, That the Treafurer do lay his accounts before the Houfe.

Then the Houfe adjom'd

till

to

morrow morning

11.

a Clock.

Tuefday, February 20, 1727.

A
A

BILL for

encouraging Adventurers in Iron Works was read the


Bill intituled

firft

time & order'd

to be read a fecond time.

an

Ad

for dividing the

County

of Henrico,

was read the

third time.
Refolved,
Order'd,

That the Bill do That the Com'ee

pafs.

of Propos'ons

&

Grievances do carry the faid

Bill to

the

Council for their Concurrence.

amendm'ts made to the Bill for preventing exceffive & deceitful Gaming and the amendm'ts were read, & fome of the s'd amendm'ts were agreed unto, & fome of them were difagreed imto by the Houfe, & fome other amendm'ts were made to the Bill. Order'd, That the Bill with the amendm'ts be ingroffed

The Houfe proceeded

to the confider'on of the

Bill for the

more effedual improving

the

Breed

of

Horfes

& for preventing the


firft

im-

portation of Horfes from the neighbouring plantations,

was read the

time,

and order'd

to be read a fecond time.

A petition of Godfrey Pole was prefented to the


to the Office of Clerk of the Com'ee of Propos'ons

Houfe

& read, praying to be reftored


which he has ferved
near

&

Griev'ces, in


(24)
in the beginning of this Seffion from applying for near ten years, he being hindered

Sickness. the fame by bad Weather & "d that inform being Houfe And' the accordingly. M' Pole, he was appointed

M^ Hickman

is

wiUing to refign the s'd Office to


ii.

Then the Houfe adjom'd

till

to

morrow morning

a Clock.

fFednefday, February 21, 1727.

was read the firft Com'ee to whom the Bill for killing Squirrels & Crows the M^ Kemp reported from in the Counties of Accomack & Northampton w^as committed, an amendment made to the Bill, which they had direcfted him to report to the Houfe, & he read the Report in his place & afterwards deliver 'd the Bill with the amendment in at the Table, where the s'd amendment was read, & with fome amendments was agreed to by the Houfe.
King
Counties,
Order'd,

A
A

BILL

for encouraging Adventurers in Iron

Works was read the fecond time


the

&

order'd to be ingroffed. A Bill for ereding a

new County on

Wm.

heads of Effex King Queen and time & ord'd to be read a 2d time.

&

Bill for the

portation of
reje<5ted.
M"^

That the Bill with the amendment be ingroffed. for preventing the immore effedtial improving the Breed of Horfes w^as read the plantations fecond time and neighbouring the Horfes from

&

Blair reported from the Com'ee appointed to inquire into the prefent Condition

of the Batter>- at Point Comfort,

&

the

fitteft

place for eredling a Battery there,

& how
of

far the

fame may

be ufeful for the defence of the Country,

and to make an Eftimate

the charge of rebuilding or repairing the fame,

&

alfo to inquire

how
it

the s'd Battery


in at the Table,

hath heretofore been eredled


to

& maintained,
in his place

had agreed upon a Report upon the matters

them

refer'd

which he read

&

afterwards deliver'd

where the fame was again read. Order'd, That the faid Report do lie upon the Table. Then the Houfe adjom'd till to morrow morning 11. a clock.

Thurfday, February 22, 1727.

A
A

BILL

intituled

an

Ad

fot encouraging adventurers in

Iron-Works, was read the

third time.
Refolved,
Order'd,

That the Bill do pafs. That the Com'ee of Propos'ons

&

Griev'ces do carry the faid Bill

to the Council for their Concurrence.

The Treafurer
were order'd to
lie

laid his

Accounts of the Duty upon liquors before the Houfe, which

upon the Table.

&

an Ad for Killing Squirrels Crows in the Counties of Accomack Northampton, was read the third time. Refolved, That the BiU do pafs. Order'd, That M^ Whitehead M^ Marfhal Bowdoin Andrews & M^ Parker do carr>^ the BQl to the Council for their Concurrence. A Bill intituled an Ad for preventing exceffive deceitful gaming was read the third time & an amendment was made to the Bill at the Table. Refolved, That the BiU do pafs. Order'd, That the Com'ee of Propos'ons & Griev'ces do
Bill intituled

&

&

carry the Bill to the Council

for their Concurrence.

to the ^^u^^ Bill intituled


f

""'^^

.^!'

'"""^^' ^'"' *^^ CouncU.

an

Ad

for further continuing the

defence of the

Cmmtry

in times of

Houfe.

That they have made fome amendments Ad intituled an Ad for fecnrity danger, to which they defire the Concurrence of this

&

Order'd,

(25)
Order'd,
'till

That

M"'

John Boiling have leave to be abfent from the

fervice of the

Houfe

Tuefday next.

petition

&

Propofals of William Parks for printing a complete body of the


in force, and alfo the

Laws

from time to time, of this Colony now was refer'd by the Governor & Council to the confideration of this Houfe, and was read. Refolved, That it will be of public ufe and benefit to print & publifh a Complete Body of the Laws of this Colony now in force. Order'd, That the Speaker of this Houfe, M'' Clayton & M"' Blair Members of this Houfe, M"' Randolph Clerk of this Houfe & M"' Robertfon Clerk of the Council, or any three of them, be appointed to agree with the s'd Wm. Parks for the printing a Complete Body of the Laws of this Colony, and to take a certain number of Books, to be diftributed
to be

Laws

made

hereafter

at the public charge,

among

the Governor, Council, Burgeffes

&

feveral Juftices of the

Peace

of this Colony.
Bill to prevent Loffes to

and chattels taken in Execution, For amending the Law in relation to Exor's & Adm'rs, For maintaining Adions of Account againft Exor's & Adm'rs by one Jointenant & Tenant in Common Adm'rs, For impowering againft another Jointenant & Ten't in Common their Ex'rs, Fathers to difpofe of the Ctiftody & Tiiition of their Children, And for the better managing fecuriiig Orphans Eftates, was read the firft time and order'd to be read a fecond time. The Houfe proceeded to the confider'on of the Report of the Com'ee of Propos'ons & Griev'ces made upon the feveral petitions of the Inhabitants of the Parifh & County of Elizabeth City to them refer'd, and the Refolution of the s'd Com'ee thereupon was read, and upon the Queftion was agreed unto by the Houfe, as follows. Refolved, That a Bill be prepared for diffolving the prefent Veftr>' of the parifh of Elizabeth City, and for appointing a new Eledlion of Veftry men for the s'd parifh. Order'd, That the Com'ee of Propos'ons & Griev'ces do prepare & bring in the faid
Exor's

&

Adm'rs by

the fale of Negros, goods

&

&

Bill.

Then

the Houfe adjom'd

till

to

morrow morning

1 1.

a clock.

Friday, February 23, 1727.


Order'd

THAT
M"'

the Com'ee upon the Bill

of Propos'ons
to

&

Griev'ces be

dif charged,

enforce the penal

Laws

of this Country,

from proceeding which they were

order'd to prepare

&

bring

in,

and that the Com'ee

for Courts of Juftice

do prepare & bring in the fame. with the leave of the Houfe prefented a Bill to enable Tho's Claiborne to convey the Fee fimple Eftate of part of certain intailed Lands, fell for laying out the purchafe many in Negros or other Slaves, to be fettled upon the perfons to whom the Refidue of the intailed Lands fhall defcend from time to time, and the fame was read the firft

Kemp

&

&

time,

&

order'd to be read a fecond time.

Merchants trading to the Weft Indies, whofe names are theretmto fubfcribed, was prefented to the Houfe & read, praying that they may be eafed from certain hardfhips they lie imder in the manner of entering & paying the duties of
Liquors imported.
Order'd,

A petition of ftmdry

That leave be given to bring


of

in a Bill to eafe the Importers of of entering

Rum &

other liquors liable to a duty, in the


liquors,

maimer

&

paying the duties of fuch

and that the Com'ee

Propos'ons

&

Grievances do prepare

&

bring in the

faid Bill.

The Houfe proceeded to the confider'on of the amendm'ts made by the Council an Ad for further continuing the Ad intituled in Ad for fecurity & defence of the Country in times of danger, & the fame were feverally read & difagreed unto by the Houfe.
to the Bill intituled
Order'd.

(26)
to the Council, to acquaint them That this Houfe Order'd That a Meffage be fent made by them to the faid Bill, and that the Com'ee doth difagree to the amendm'ts
of Propos'ons

the County of Accomack attended at The Houfe being inform'd that the Sherif of Return of the Writ for elefting of Burgeffes to ferve the door in Cuftody to amend his
in this prefent Gen'l

&

Griev'ces do go

up with the Meffage.

to inquire

Affembly for the s'd County. Return. Order'd, That he do amend his faid accordingly. Which was done Cuftody, paying Fees. Order'd, That he be difcharged out of of the Report of the Com'ee appointed confideration The Houfe proceeded to the at Point Comfort, made upon the into the prefent condition of the Battery

feveral matters to

them refer'd, and the fame was read & is as follows. "The Committee find that the Battery at Point Comfort had twenty large Iron Cannon upon it, of which fome are fo honey combed, that they are not fit for fervice.
Sand, find that the Soil near the s'd Point is a

but are of Opinion, that a little eredling a new Battery upon, for place better is a Battery further back from the late charge, be fo fecured, that it will great no at where, they are inform'd the Battery may, fo that no Ship that draws the Channel, refift all violent Storms, & will fully command

They

ten foot water can fafely pafs it. They are inform'd that the Channel is near a mile over, & are of opinion, that a Battery of twelve of the beft Guns is fufficient to be eredled at that place, and that fuch a Battery will be of great ufe for the prefervation of the Trade
of this Country,

and that Two hundred


they
find, that

&

fifty

pounds may be

fufficient to build

&

eredl

the fame. out of the Revenue of two fhillings


fhipping."

And

the charge of building the former Battery

was defray'd hogfhead upon Tobacco & fifteen pence ^ Ton upon

That an humble Addrefs be prefented to the Governor to return him the Houfe for his Care of the Security & Defence of this Country; and to thanks acquaint him that it is the opinion of this Houfe, That the erecting & maintaining a Battery at Point Comfort will be of confiderable advantage to the Trade & Shipping of this Colony, But that the charge of eredling & maintaining the fame ought to be defray'd out of the Revenue of two fhillings ^ hogfhead upon Tobacco & fifteen pence ^ ton upon fhipping, which was one of the purpofes for laying thofe duties; and therefore that it is not neceffary for this Houfe to contribute any thing towards this Work, until that
Refolved,
of this

Fund

fhall

prove deficient.

Order'd,

That the Com'ee of Propos'ons That M' Randolph &


till

&

Grievances do draw up an Addrefs, pur-

fuant to the faid Refolution


Order'd,

W Robert Armiftead have leave to go home upon extrato

ordinary occafions.

Then the Houfe adjom'd

morrow morning

1 1.

a clock.

Saturday,

February 24, 1727.


Bill intituled

MESSAGE

from the Council, That they do agree to the

an

preventing of exceffive

& deceitful gaming.


an

AA

for

And

And alfo to the Bill intituled an Ad To prevent Swine running at large within the limits of the Town of Norfolk, without any amendment. that they have made fome amendm'ts to the Bill intituled

AA for encourag-

ing Adventurers in Iron Works, to which they defire the Concurrence of this Houfe. A Bill for diffGiving the prefent Veftry of the parifh of Elifa. City, for appointing a new Eledton of Veftry men for the faid parifh, was read the firft time order'd to be read a lecond time.

&

&


(27)

Bill for the better

&

more effedual improving

the Staple of

Tobacco was read the

firft time & order'd to be read a fecond time. A Bill to enable Thomas Claiborne to fell convey the Fee fimple Eftate of part of certain intailed Lands, and for laying out the purchafe niony in Negros or other flaves to be

&

upon the per fans to whom the refidue of the intailed lands fhall defcend from time time, was read the fecond time & committed. Then the Houfe adjom'd till Monday morning ii. a Clock.
fettled

to

Monday, February 26, 1727.

Order'd, That the Bill with the amendm'ts be ingroffed. The Houfe proceeded to the confider'on of the amendm'ts made by the Council to the Bill intituled, an Ad for encouraging Adventurers in Iron Works, and the fame were feverally read, and all the s'd amendm'ts were agreed imto by the Houfe. Order'd, That a Meffage be fent to the Council, to acquaint them that this Houfe do agree to all the amendm'ts by them made to the s'd Bill, & that the Com'ee of Propos'

A
&

BILL for diffolving the prefent


a new Eledion of Veftry
feveral

Veftry of the parifh of Elifa. City,


s'd parifh,
Bill at

& for appointing


&

men for the amendm'ts were made to the

was read the fecond time

the Table.

up with the Meffage. The Houfe being acquainted by a Member of the Houfe that he had received a letter from M' Greene the Attorney of Colo. Spotfwood, acquainting him, that he was a Stranger to the feveral Tranfadtions relating to the difpofition of the mony of which this Houfe require an account to be laid before them, & that he is not able at this Jvmdlure to lay any perfedl account of that matter before this Houfe, & therefore humbly prays the Favor of this Houfe to allow him fome further time & that he will fhew a very ready obedience to fuch order as this Houfe fhall pleafe to make upon the matter. Order'd, That M'' Greene do attend next Monday & lay the account required before the Houfe, in fuch manner as he fhall be able to ftate the fame. A Bill to prevent loffes to Ex'ors & Adm'rs by the fale of Negros goods & chattels taken in Execution, For amending the Law in relation to Ex'ors & Adm'rs, For maintaining Adions of Account againft Ex'ors & Adm'rs by one Jointenant & Tenant in Common againft another Jointenant & Tenant in Common their Ex'ors & Adm'rs, For impowering Fathers to difpofe of the Cuftody & Tuition of their Children, And for the better managing & fecuring Orphans Eftates, was read the fecond time & committed. M"' Harrifon reported from the Com'ee appointed to infpe(5t the Temporary Laws that the Com'ee do find that An Ad for the better fecuring the paiment of Levies, and Reftraint of vagrant & idle people, and for the more effedual difcovery & profecution of per fons having Baftard Children, will expire at the end of this Seflion of Affembly, and were of opinion that the fame fhould be continued & amended. Order'd, That the Com'ee of Propos'ons & Griev'ces do prepare & bring in a Bill For continuing & amending the faid A<5t. Order'd, That the faid Com'ee do prepare & bring in a Bill for laying a duty on Slaves imported, and for appointing a Treafurer of fuch duty. A Meffage was brought from the Council that they have made an amendment to the Bill intituled An Ad for killing Squirrels & Crows in the Counties of Accomack Northampton, to which they defire the concurrence of this Houfe. And the s'd amendm't was read & agreed tmto by the Houfe. Order'd, That a Meffage be fent to the Council to acquaint them that this Houfe do agree to the faid amendm't and that the Com'ee who prepared the s'd Bill do go up with
ons
Griev'ces do go

&

the Meffage.

Then the Houfe adjom'd

till

to

morrow morning

11.

a clock.

Tuefday,

(28)

Tuefday, February 27, 1727.

Behaviour to all degrees of people in general, and of his courteous & For which he this Houfe in particular. his kind & obliging Treatment of all imaginable have who y.Vgmia, of People all the merits the affeaion&higheftrefpeft of will be prudent & juft, and eafie & Adminiftration future his that Reafon to expedl profperous to them, . /t a t^ the Lieuten t Governor and after Moved, That this Houfe would make a prefent to a Debate, the Queftion was put, & thereupon Pounds be given to the Lieuten t GovRefolved, That the fum of Five hundred the fame as an humble Acknowlegem't from ernor & that'he be humbly defired to accept have of his Regard for them and this Colony. the People of Virginia, of the juft fenf e they paid to the Lieut. Governor Ordered, That the s'd Sum of Five hundred Pounds be
affable
,

MR

Conway putting the Houfe in mind of the fhewn for the Intereft all occafions hitherto

great Zeal the Lieu't Gov'r has

upon

&

Profpenty

of this

Colony :0

..u

out of the public


Ordered,

mony

in the

hands

That the;Com'ee

of

John Holloway Efq'^ Treafurer of Virginia. Propos'ons & Griev'ces do carry the faid Order & Refolve
of

to the Council for their Concurrence.

be an Inftrucftion to the s'd Com'ee to bring in a Claufe in the Adon Friday laft, humdrefs to be prefented to the Governor, purfuant to the Refolution pounds. hundred bly to defire him to accept the s'd fum of five more effedual improving the Staple of Tobacco was read the A Bill for the better
Ordered,

That

it

&

fecond time.

That the Bill be committed to a Com'ee of the whole Houfe. And the Houfe refolved it felf into a Com'ee of the whole Houfe to confider the s'd Clayton Bill, & after fome time fpent therein M' Speaker refumed the Chair, and M' diredled had the Bill, in progrefs & made fome had that they reported from the Com'ee, him to move for leave to fit again. Refolved, That the Houfe will again Refolve it felf into a Com'ee of the whole Houfe,
Refolved,

to

morrow to confider further of the faid Bill. Then the Houfe adjom'd till to morrow morning

11.

a clock.

ff^ednefday, February 28,

1727.
Com'ee
of the

THE

Houfe according to order Refolved

it felf

into a

whole Houfe

to confider further of the Bill for the better


of Tobacco,

& more ejfedual improving the Staple

fome time fpent therein, M"" Speaker refumed the Chair, & M' Clayton reported from the Com'ee, That they had gone thro the Bill, & made feveral amendments thereto, which they had diredled him to report to the Houfe, and he read the Report in his place, & afterwards deliver'd the BiU with the amendm'ts in at the Table, and the amendm'ts were read & agreed to by the Houfe, And a Claufe was offer'd to be added to the faid Bill, and a debate arifing thereupon, Refolved, That the fame be adjomed. A Meffage was brought from the Council, That they had paffed an ingroffed BiU, intituled an Ad for the better fnpport of the Clergy of this Dominion, and for the more regular colleding & paying the parifh Levies, to which they defire the Concurrence of this Houfe. Then the Houfe adjom'd till to morrow morning 11. a clock. and
after

Thurfday, February 29, 1727.

A
to

BILL

to

explain and

Slaves within this

amend the Ad. for declaring the Negro Mulatto Dominion to be Real Eftate, was read the firft time

&
&

Indian
order'd

to be read a fecond time.

Ex'ors

&

M' Harrifon reported from the Com'ee to whom the Bill to prevent loffes Adm'rs by the fale of Negros goods & Chattels taken in Execution, For amending
the

(29)

& Adm'rs, For maintaining Adions of Account againft Ex'ors & Adm'rs & by one Jointenant & Tenant in Common againft another Jointenant & Tenant in Common their Ex'ors & Adm'rs, For impowering Fathers to difpofe of the Cuftody and Tuition of their Children, and for the better managing & fecuring Orphans Eftates was
the

Law

in relation to Ex'ors

committed, feveral amendments made to the Bill, which they had diredled him to report to the Houfe, and he read the Report in his place, & afterwards deliver'd the Bill with the amendm'ts in at the Table, & the amendm'ts were read & agreed unto, & another amendm't was
M''

made

at the Table.
Bill

Order'd,

That the

with the amendm'ts be ingroffed.

Robert Boiling reported from the Com'ee of public Claims that they

had had

under their confider'on the public debts & had agreed upon a Report, & drawn up a State of the fame, which were enter'd in a Book, and he deliver'd the Book in at the
Table.

That the s'd Book do lie upon the Table. A Meffage was brought from the Council, That they do agree to the Refolve of this Houfe for giving the Lieut 't Governor Five hundred pounds. The Houfe refumed the adjom'd Debate upon the Claufe offer'd to be made part more effedual improving the Staple of Tobacco, And the fame of the Bill for the better was read & committed. A Bill to eafe the Importers of Rum & other Liquors liable to a duty in the manner of entering & paying the duties of fuch Liquors, was read the firft time, and order'd to
Order'd,

&

be read a fecond time.

had had under

& Elec'ons That the Com'ee Gawen Corbin Richard Johnfon & John Dixon, againft the Eledtion of M"' John Robinfon for the County of King & Queen, & had duly weighed the Evidence touching the s'd Complaint, & had come to feveral reM''

Efcridge reported from the Com'ee of Privileges


their confideration the petition of

in his place & deliver'd in at the Table, where the unto by the Houfe with an amendment, as follows. agreed fame were feverally read Refolved, That the faid Complaint is groundlefs, frivolous, malicious & fcandalous.

folutions thereupon

which he read

&

Refolved, That M"" John Robinfon is duly ele(5ted to ferve as a Burgefs in this prefent General Affembly for the Coimty of King & Queen.

ereding a new County on the heads of Effex, King & Queen, & King William was read the fecond time and committed. The ingroffed Bill from the Council intituled an Ad for the better fupport of the Clergy of this Dominion, and for the more regular colleding & paying the parifh Levies, was read the firft time & order'd to be read a fecond time. A Bill intituled an Ad for diffolving the prefent Veftry of the parifh of Elis'a City & for appointing a new Eledion of Veftry men for the s'd parifh, was read the third time. Refolved, That the Bill do pafs. Order'd, That the Com'ee of Propos'ons & Griev'ees do carry the Bill to the Council

Bill for

Counties,

for their Concurrence.

Then the Houfe adjom'd

till

to

morrow morning

ii.

a clock.

Friday,
Order'd

March

1727.
whom

THAT

it

be an Inftrudlion to the Committee to

it is

refer'd to prepare

&

bring in a Bill for laying a duty upon Slaves imported, to lay the duty
the head,

upon

&

not ad valorem.

Negros, Goods

A Bill intituled an Ad to prevent loffes to Ex'ors & Adm'rs by the fale of & Chattels taken in Execution, For amending the Law in Relation to Ex'ors & Adm'rs, For maintaining Adions of Account againft Ex'ors & Adm'rs and by one Jointenant

&


(3o)
r4

^^^ih^r iniiiipvinnt

&

Tenant in Common,

their Exo'rs

&

at^P the better


word

rnana.rng

&

fecuring Orphans Eftates

was read the th:rd time,

&

one

Table. inferted in the Bill at the pass. /?^/b/wJ, That the Bill do

OrZd,
''

That the Com'ee

of Propos'ons

&

^u tj-ih- +t, r-i Griev'ces do carry the Bill to the Council

part of certain intailed lands and for layxng out convey the Fee fimple Eftate of fell upon the perfons to whom Negros or other Slaves to be fettled the purchaie many in was committed that the ttme, to La.ids fhall defcend from time

'w^'^rrepred from

the Com'ee to

whom

the Bill

to

enable

Thomas

Claiborne

to

&

the reiidueof the intailed

the Bill, & found the fame to be true, & had made Com'ee had examin'd the Allegations of which they had direcfted him to report to the Houfe, feveral amendments to the Bill, with the amendm ts in place & afterwards deliver'd the Bill

&

he read the report in his

at the Table,
Or(i(?r'd,

Order'd,
tUl

amendm'ts were read & agreed unto with an Amendment, ingroffed. That the Bill with the amendm'ts be , ^ , from the fervice of the Houfe abfent be to That M^ Thacker have leave

&

the

Wednefday next. . n^ . the Bill for eredtng a new County on M' Braxton reported from the Com'ee to whom King William Counties was committed, that the Queen, the heads of Eiiex, King which they had diredled him to report Com'ee had made feveral amendm'ts to the Bill place, & afterwards deliver'd the Bill with to the Houfe, & he read the Report in his were read. the amendm'ts in at the Table, & the amendm'ts
,

&

&

That the Report do lie upon the Table. Then the Houfe adjom'd till to morrow morning
Order'd,

ii.

a clock.

Saturday,

March

2,

1727.

A
Houfe.

BILL

prevent abufes in the importation of bottled Liquors being prefented to order'd to be read a fecond time. the Houfe & received, was read the firft time, leave to be abfent till Wedhave Hollier M' Grymes Order'd, That M'
to

&

&

nefday next.
Order'd,

That a Committee be appointed to proportion the Public Levy, of the

fol-

lowing perfons,

& M' Rob. Boiling M'' Surges. M' Henry Willis And the Com'ee are to prepare & bring in a Bill for raifing a Public Levy. Order'd, That the Treafurers accovmts be refer'd to a Committee, and that they examine the fame, with the Vouchers, and report their opinions thereupon to the do

M' Efcridge M' Kemp

And a Com'ee was appointed accordingly. And then the House adjom'd till Monday morning

11.

a clock.

Monday, March

4,

1727.

A
of

MESSAGE
to

was brought from the Council, that they have made an amendment the Bill intituled an Ad for dividing the County of Henrico, to which they
Concurrence of this Houfe.

defire the

The Houfe proceeded to the confideration of the Book of Claims & part the faid Book was read, & the further confider'on thereof was adjom'd Refolved, That no allowance be hereafter made to any Interpreter for the Pamunkey
Then the Houfe adjom'd
till

or Chickohominy Indians.

to

morrow morning

ii.

a clock.

Tuefday,


(30
Tuefday,

March

5,

1727.

matter of a Complaint to them refer'd had had under in relation to the Weftmoreland Eledlion, & had examined all the Witneffes which were produced of either fide touching the fame, & heard M"" Tho's Barnes, who profecuted the Complaint, and the fitting Members feverally by their Counfel, & thereupon had agreed upon a Report, which he read in his place, & afterwards Viz't. deliver'd it in at the Table, where the fame was again read, & is as follows
their Confideration the

MR
"The

Kemp

reported from the Com'ee of Eleftions

&

Privileges

That the Com'ee

Petition refer'd to the Com'ee

is

ftiled the petition of the

Freeholders of

Weftniorland County, & doth accufe Auguftin Wafhtngton Gent. Sherif of the faid County of adling partially & unfairly, in determining the Ele(5tion without a Poll & M'' Efcridge, the fitting Members, in injury to the Petitioner's Right, returning M'' Lee againft the Duty of his Office which he was prevailed upon to do, as the Petition charges, by the infmuations of M"" Efcridge, and his promife to keep him indemnified: But the names of the perfons who are fuppofed to be the Subfcribers of the Petition, are wrote upon a feparate paper: And it appears to the Com'ee, that that paper was carried about to the houfes of feveral perfons by Mat. Bean & Jofeph Sandjord, M'' Barnes's Agents, who deceived the People by telling them that the defign of figning the paper was to fatisfie M*" Barnes, what Intereft he fhould have at a new Eledlion, in cafe he could procure one whereby f ome were induced to fet their names, who would upon no account have fign'd a Complaint againft the Eledlion: & fome perfons fign'd the names of others, who were fuppofed to be in the intereft of M'' Barnes, without their knowledge But it does not appear that any of the perfons, whofe names are there written, were acquainted with the ufe that was intended to be made of the Subfcriptions, except Bean & Sandjord, and fome few others of M"' Barnes particular Friends But feveral who were inform'd of the Petition did refufe to fign, altho they would have voted for M"" Barnes,

&

being fatisfied that the Eledlion

was

fair.

It

appears. That M"" Barnes, after the

names

which the Com'ee cannot fuppofe could be done without his knowledge, annexed the paper, upon which the names of the pretended Subfcribers were written, to the Petition, & prefented the fame to this Houfe. As to the matter of the Eledlion: It appears to the Com'ee, That upon the Elec'on day, about 12 a clock, the Writ was read, & M"' Efcridge defired all thofe perfons that were for him & M"' Lee to feparate themfelves from the reft, & accordingly the People were divided into two Companies, one declaring for the fitting Members, & the other
of feveral Freeholders were thus procured,

Members appeared, upon that divifion, no body at that time demanded any Poll. The Sherif ftaid till a little after one, & then ask'd M'' Barnes, what he intended to do, who anfwer'd, that tho he had no hopes of fucceeding in the Eledlion, yet, if the Sherif would ftay till 2 a clock, he would then tell him whether he would have a Poll, & the Sherif agreed to ftay 'till that time, but told Barnes, if he flayed fo long, he muft determine upon the View, for it would be too late then to begin a Poll, & the weather was very bad, to which Barnes made no anfwer But fome little time before Two, as fome declared, tho as others said, about Two, the Sherif found that the Freeholders grew uneafie and defired to be difpatched & told Barnes, he could ftay no longer, the People being fo uneafie, & the Weather growing worfe, upon which Barnes taxed him with not keeping his Word, but faid he was ready to go to a Poll The Sherif faid he would fee whether he had any more Voters than appeared upon the firft Divifion, & defired all the Freeholders who were for the fitting Members to feparate from thofe who were for Barnes, which was done accordingly, and the Majority for the fitting Members appeared much the fame as upon the firft Divifion But M'' Barnes was in the meantime taken up & carried into the Court -houfe,
for M"" Barnes,

&

the Majority for the fitting

to be at leaft four to one,

&

&
a

the Sherif immediately proclaimed the fitting Members duly chofen Burgeffes for the County of Weftmorland About a quarter of an hour after which, M"' Barnes demanded
:

Poll,

&

fome few

of his Friends,

who had been

drinking, declared themfelves not


fatisfied

(32)
fatisfied

of the
falfe,

but feveral of M' Barnes's Friends declared with the proceeding of the Sherif were well fatisfied with the Eleaion, & did not think they before the Com'ee that they Sherif: Neither doth it appear that any of the Freehad any reafon to'complain of the about it, except M^ Barnes & his Agents, nor could a Poll holders are any waies difturb'd tho it would have been very inconvenient to have been of anv adx-antage to Barnes, time of day, & in fuch Weather. the Freeholders to poll at that following Refolutions, And thereupon the Com'ee have come to the Houfe in the name of the Freeholder this to Refolved, That the Petition prefented Eledion for the faid County, is a of Weftmorland, complaining of the
:

County

forged, pretended Complaint.


Refolved,

That Matthew Bean

&

Jcfeph Sandford

in

procuring feveral Freeholders

the names of other Freeholders to be written to fign their names to a Paper; & caufmg to annex the fame to a Petition with which therein without their knowledge, with intent that Thomas Barnes in annexing that and acquainted, the faid Freeholders were not prefenting the fame to this Houfe, paper to the petition, knowing how it was obtained & of an unjuft Vexation highly criminal, and guilty of foul and fcandalous pradlices,
are
to the fitting

Members, and a high Breach of the Privileges of this Houfe. duly eledled & returned Refolved, That M' Thoynas Lee & M"- George Efcridge are Burgeffes to fen-e in this prefent Gen'l Affembly for the County of Weftmorland." And the Queftion was feverally put upon the Several Refolutions af ores'd & there-

upon That this Houfe doth agree with the faid Committee. Refolved, That the Petition prefented to this Houfe in the name of the Freeholders the County of Weftmorland complaining of the Eledlion for the faid County, is a falfe,
Refolved,
Refolved,

of

forged, pretended Complaint.

That Matthew Bean & Jofeph Sandford in procuring feveral Freeholders to names to a paper, and caufmg the names of other Freeholders to be written therein without their knowlege, with intent to annex the fame to a Petition with which the faid Freeholders were not acquainted, And that Thomas Barnes in annexing that paper to the Petition, knowing how it was obtained, & prefenting the fame to this Houfe, are highly criminal, & guilty of foul & fcandalous practices of an imjuft Vexation to the fitting Members, and a high Breach of the Privileges of this Houfe. Refolved, That M'' Thomas Lee & M"' George Efcridge are duly eledled & returned Burgeffes to ferve in this prefent Gen'l Affembly for the County of Weftmorland. Order'd, That the faid Matthew Bean Jofeph Sandford & Thomas Barnes be fent for in
fign their of the Serjeant at Arms attending this Houfe, to anfwer for their faid Offences Bar of this Houfe. M' Harrifon reported from the Com'ee to whom the Claufe offer 'd to be made part of the Bill for the better & more effedual improving the Staple of Tobacco was committed, That the Com'ee had made feveral amendments to the Bill, which they had diredled him to report to the Houfe; and he read the Report in his place, & afterwards deliver 'd the Claufe with the amendm'ts in at the Table, where the amendments were read & agreed to with an amendment. And the Claufe fo amended was order'd to be made part of the Bill. Order'd, That the Bill with the amendments be ingroffed. A Petition of M^ Grceme, the Attorney of Colonel Spotfwood, was prefented to the Houfe & read, fetting forth, that he is now attending with the accounts required of

Cuftody

at the

him, but that he has not been able, with all his diligence to procure the proper Vouchers that may be required to juftifie the faid account, and praying that either the producing thofe accounts may be defer 'd till the next Seffion of Affembly, or that he may have time till then to procure the Vouchers that may be wanted or required, & may have leave
to

add or

alter the s'd accounts,

if

now produced, according

to fuch Inftrudlions as he

fhall hereafter receive.

Order'd,

That the faid Accounts be now produced.

And

the fame were produced

accord 'ly.
Order'd,


(33)
Order'd,

That the

s'd

Accounts be refer'd to a Com'ee

&

that they do examine the

ame with the Vouchers that can be now produced, & report
Houfe.

their Opinion thereon to the

a Committee was appointed accordingly. Order'd, That M'' Surges have leave to go home upon extraordinary occafions. Then the Houfe adjom'd till to morrow morning ii a Clock.

And

Wednefday, March
Order'd

6,

1727.

THAT A

Mf Aug. Smith &


Bill for laying
first

M''

Sand have leave to go home.

was read the

a duty on Slaves imported and for appointing a Treasurer time & order'd to be read a fecond time.

Bill for the better fecuring the

paiment

of Levies

and Reftraint

of vagrant

& idle People and for the more efftdual Difcovery & Profecution of Perfons having Baftard Children and for prevmting unlawful Cohabitation was read the firft time & order'd to be
read a fecond time.

A
he
is

petition of

Thomas Barnes was prefented to the Houfe

&

tmfeignedly forry for the Offence he has given this Houfe,

read fetting forth that & that he is ready &

willing to fubmit to the Cenfure of this Houfe,

& praying that he may no longer lie imder


lie

the difpleafure of this Houfe

And was order'd to

upon the Table.


Tobacco

A
was

Bin intituled, an

Ad For the better & more effedual improving the Staple of

read the third time.


Refolved,
Order'd,

That the Bill do pafs. That the Com'ee of Propos'ons & Grievances do carry the
to take into confideration the

Bill to the

Council

for their Concurrence.

The Houfe proceeded


cil

to the Bill intituled an

Ad for dividing

the

Cmmty

of Henrico,

amendment made by the Counand the fame was read

&

agreed

to.

That a Meffage be fent to the Coimcil to acquaint them that this Houfe hath agreed to the amendm't by them made to the s'd Bill, And that the Com'ee of Propos'ons & Grievances do go up with the Meffage. A Bill intituled an Ad to enable Thomas Claiborne to fell & convey the Fee fimple Eftate of part of certain intailed Lands and for laying out the piirchafe mony in Negros or other Slaves to be fettled upon the perfons to whom the refidue of the intailed Lands fhall defcend from time to time was read the third time. And after a Debate, the Queftion was put That the Bill do pafs
Order'd,
It

paffed in the Negative.

That the Bill be rejedled Then the Houfe adjom'd till to morrow morning
Refolved,

11

a Clock

Thurfday,

March
of

7,

1727.
firft

BILL

eredinga Town in the County order'd to be read a fecond time.


for

Spotfylvania was read the

time

&

The Houfe proceeded

to take into confideration the report of the Com'ee

to whom the Bill for ereding a neiv County on the heads of Effex,

King

& Queen
&

& King William Counties


Order'd,

was committed, and the amendments were

feverally read

agreed to with fome amendm'ts.

with the amendm'ts be ingroffed. acquainting the Houfe That M'' Thomas Barnes had made Satisfaction to the Sherif of the Coimty of Weftmoreland for the Trouble & charges he had been put to
Bill

That the

A member

in

(34)
pretended Complaint profecuted by him againft the defending him feU" againft the hath alfo made Satisfaction for the faid County And that he fa,d Sherif and the eledion bringing their expences the Vexation he hath given them & to the fitting Members for
in
:

their Witneffes to

^ , ^ u 'a difcharg be At d. to u order the Bar Moved, That he might now be brought to And the Queftion was put , . u j-r v order to be difcharged. the Bar, That M^ Thmnas Barnes be now brought to

Town

m
.

Refolved, In the Afflrmative.

And

humble confeffion of Upon which he received a Reprimand this Houfe. the Gentlemen he had injured & of out of Cuftody, paying his Fees. from M' Speaker & was order'd to be difcharged to examine the accounts of the M' Harrifon reported from the Com'ee appointed public ufes, That they had excertain for Spotfwood Col. money put into the hands of he read in his place & afterwhich Report, amined the faid accounts & agreed upon a wards deliver'd it in at the Table, where the fame was again read Ord^'d, That the faid Report do lie upon the Table. The ingroffed Bill from the Council intituled an Ad for the better fupport of the Clergy, paying the Parifh Levies was read this Dominion and for the more regular colleding &
.

the doors being open, & made an M' Barnes was call'd to the Bar, accordingly, the fame, & asked pardon of his Offence, expreffed his Sorrow for

of

the fecond time. And the Queftion


Refolved,

was
Bill

put.

That the

Bill

be committed.
Refolved, In the Affirmative.

That the

The Houfe proceeded to the further confideration fame was read thr6, & feveral amendm'ts were made
Houfe.

be committed to a Com'ee of the whole Houfe. of the Book of Claims, and the
therein,

&

the

Book paffed the


who
fhall be

M' R.

Boiling, with the leave of the Houfe, prefented

Bill declaring

accounted Midattos, which

was read the

firft

time

&

order'd to be read a fecond time.

Bill for

laying a duty on Slaves imported

& for appointing a

Treafurer

was read the


of the

fecond time
Order'd,
till

&

committed.
M""

That

Simmons have leave


till

to be abfent

from the Service

Houfe

Tuefday next.

Then the Houfe adjom'd

to

morrow morning ii. a Clock.

Friday,

March

8,

1727.

was made, That the Houfe would now confider the Report of the Com'ee made yefterday upon the Accoimts laid before this Houfe by M'' Grame of the Fifteen hundred pounds put into the hands of Colo. Spotfwood for fe\eral public ufes by an A(5l of Affembly made in the feventh year of the Reign of the late King George & the faid report was read & is as follows. "It appears to the Committee That the fum of 534 6'' .Sterling mony hath been expended in Arms & Ammunition which have been difpofed of as follows, Viz't 240 muskets with Bagonets & Cartouch boxes have been diftributed in the County of Spotfllvania, and 60 more are yet
. .
.

AMOTION

in that

Court houfe

And

that 6 barrels of powder

&

the

Ammunition charged) has been

diftributed in Spotfllvania Coty,

2000 pounds of Bullets (being all & 100 muskets

Cartouch boxes hath been diftributed to the Inhabitants of Brunfwick. That the fum of 2 67 3'' being 50 fl Cent on the coft is charged to the Country for difference of Exchange Trouble & Risk into this Country, and ;24 9 3 for charges of Sloop hire & carting & other Expences. It appears. That there is alfo a charge of 689 5 6^'' for public Buildings But
It

with Bagonets

&

appears

alfo.

it

appearing that the s'd Buildings are on Colo. Spotfwoods Land,

&

no Conveyance or
legal


(35)
legal Affurance

'

made

thereof,

We are of opinion that the confideration of thofe accounts


and County
of Spotfilvania

fhould be fufpended until the Lands on which fuch Buildings are ere(5led fhall be legally

conveyed

&

aff ured to the Parifh of Saint George,

'

That the Arms imported by Colonel Spotfwood for the ufe of the Counties & Brunfwick were imported upon the Risk of the Public & that the charge of 50 ^ Cent for Risk Trouble & Exchange be not allowed. Refolved, That the fum of 1 5 ^ Cent be allowed to Colo. Spotfwood for the difference of Exchange, and that he be further allowed all the charges & Expences he has laid out about the faid Arms, more than the fum of the Invoices. Refolved, That Colo. Spotfwood ought to make fome legal conveyance of the Room appointed for the Seffion of the County Court of Spotfilvania, and half an acre of ground thereto adjoining, including the Prifon, Pillory & Stocks, & one Acre of Land for a Church-yard, including the Church, to the end the fame may be fecured & fet apart for the ufe of the Inhabitants of the Parifh & County afores'd And that unlefs fuch conveyance be made fome time before the laft day of May in the year of our Lord MDCCXXIX, no part of the charge in the faid account for the Buildings therein mentioned
Refolved,
of Spotfilvania
:

be allowed.
Refolved,

That the further confideration


M''

of the faid

account be refer'd to the next

Seffion of Affembly.
Order'd,

That

Grame do lay before

Account of fuch charges

&

this Houfe at the next Seffion of Affembly, an Expenfes as are to be further allow 'd in the faid Account pur-

fuant to the Refolution of the Houfe.


it felf into a Com'ee of the whole Houfe to confrom the Council, intituled an Ad for the better fupport of the Clergy of this Dominion and for the more regular colleding & paying the Parifh Levies, and after fome time fpent therein, M"" Speaker refumed the Chair, & M"" Clayton reported from the Com'ee, that they had made fome progrefs in the s'd Bill, & dire<$led him to move for

The Houfe upon a Motion refolved

fider the ingroffed Bill

leave to

lit

again.

Refolved,

That the Houfe


M""

will
Bill.

again refolve

it felf

into a

Com'ee

of the

whole Houfe

to confider further of the faid


Order'd,

Sc My Harrifon have leave to go home. Bacon have leave to be abfent from the fervice Tuefday and M'' Stith till Wednefday next. Then the Houfe adjom'd till to morrow morning 1 1 a Clock.

Order'd,

That That

R. Boiling

M''

of the

Houfe

'til

Saturday,

March

9,

1727.
whom
the Bill for laying a

Duty on Slaves imported and for appointing a Treafurer was committed, That the Com'ee had made feveral amendm'ts to the Bill, which they had diredled him to report to the Houfe, & he read the Report in his place, & afterwards deliver'd the Bill with the amendm'ts in at the Table, where the amendm'ts were again read & agreed unto by the Houfe, and feveral blanks in the Bill were filled up. Order'd, That the Bill with the amendments be ingroffed Order'd, That M"' Ravenfcroft have leave to be abfent from the fervice of the Houfe 'til Wtdnefday next. M'' Attorney General reported from the Com'ee to whom the BUI to enable William Farrar & Thomas Farrar to fell & convey certain intailed Lands and for fettling other Lands & Negros of greater value to the fame ufes was committed. That the Com'ee had examined the Allegations of the s'd Bill & had agreed upon a Report of the matter as it appeared to them, which he read in his place, & afterwards deliver'd it in at the Table, where the fame was again read, & feveral amendments were made to the Bill Order'd, That the Bill with the amendm'ts be ingroffed

MR.

Attorney General reported from the Com'ee to


(36)

Queen County on the heads of Effex, King \ Bill intituled an Ad for ereding a new was read the third calling the fame Caroline County, and King William Counties and jar
time.

&

That the Bill do pafs. Grievances do carry the Ord^'d, That the Com'ee of Propos'ons&
Refolved,
for their concurrence.

Bill to

the Council

have made lome amendm ts to Meffage was brought from the Council That they Veftry for prefent of the parifh of Accomack the Bill intituled an Ad for diffolving the the concurrence defire of this which they appointing a new Eledion of Veftry men, to

&

Houfe.

for making more effedual provifion that they have paffed a Bill intituled an defire the concurrence of this likewife Infurredions to which they againft Invafions Spotfilvania was read the fecond Houfe. A Bill for ereding a Town in the County of Table. the at Bill the to made time & feveral amendm'ts were ingroffed. be amendments Order'd, That the Bill with the Indian Slaves A Bill to explain amend the Ad for declaring the Negro Mulatto

And

Ad

&

&

&

within this Dominion

to

b- r?al Eftate,

was read the fecond time

Bill to eafe the

Importers of

Rum

& other Liquors liable to

committed a Duty in the manner

&

of

paying the duties of fuch Liquors was read the fecond time entering Then the Houfe adjom'd till Monday morning 1 1. a Clock.

&

&

committed-

AN

ingroffed

Monday, March ii, 1727. Bill from the Council intituled an Ad for making more effedual provi-

fion againft Invafions

& Infurredions was

read the

firft

time

&

order'd to be

read a fecond time.

Bill intituled

convey certain intailed

Tho Farrar to fell an Ad to enable William Farrar Negros of greater value to the lands and for fettling other Lands
:

&

&

&

fame ufes was read the third time. Refolved, That the Bill do pafs. A Bill intituled an Ad for laying a Duty on Slaves imported and for appointing a Trsafurer was read the third time.
Refolved

Nemine

Contradicente

That the

Bill

do pafs. intituled an Ad
Bill

for ereding a

Town

in the County of Spotfilvania

was read the

third time.
Refolved,
Order'd,

That the Bill do pafs. That the Com'ee of Propos'ons


Strother

&

Grievances do carry the faid Bills to the

Council for their Concurrence.


Order'd,

That M'

have leave to be abfent from the Service of the Houfe

'til

to

morrow

fe'nnight.

Bill for the better

fecuring the paiment of Levies

psople and for the more effedual difcovery

and Reftraint of vagrant & idle & Profecution of Perfons having Baftard Chil-

dren and for preventing unlawful Cohabitation

Bill to prevent

And
,
.

abufes in the importation of bottled Liquors the Queftion was put, That the Bill be committed

was read the fecond time & committed was read the fecond time
It

paffed in the Negative.

i?^/o/wd,
Order'd,

That the Bill be Rejedled That the Chaplain of this Houfe do attend

&

read prayers every morning


2'd time

at nine of the clock.

A A

Bill declaring

who

fhall be accounted Mulattos

was read the

& com'ed.

Motion being made & the Queftion being put That the Houfe be now called over.
It

Then the Houfe adjom'd

paffed in the Negative.

till

to

morrow morning

11

a clock.

Tuefday,

(37)

Tuefday,

March

12,

1727.
whom
the Bill
to

MR.

Attorney General reported from the Com'ee to


porters of

ea^e the

Im-

Rum &

other Liquors liable to a

paying

the duties of fuch liquors


Bill,

by the Com'ee to the

manner of entering & was committed, feveral amendments made which they had dire<5ted him to report to the Duty in
the

Houfe, and he read the Report in his place

&

afterwards deliver'd the Bill with the

Amendm'ts in at the Table, where the faid amendm'ts were read to one of them agreed tmto by the Houfe.
Ordered,

&

with an amendm't

That the Bill with the amendm'ts be ingroffed. Motion being made Refolved, That the wages of the Burgeffes attending this Seffion & all the charges of this Seffion of Affembly be paid & difcharged out of the public mony in the hands of the Treafurer, after the rate of ten fhillings for every hundred pounds weight of Tobacco. Ordered, That M'' Meriwether M'' Braxton M"' Kemp & M"' Syme do carry the s'd

Refolve to the Council,

& defire their concurrence.


it felf

The Houfe upon a Motion refolved


fider further of the ingroffed Bill

into a

Com'ee

of the

whole Houfe to con-

from the Council

for the better fupport of the Clergy of

this

more regular colled'g paying the Parifh Levies, and after fome Speaker refumed the Chair, and M"' Attorney General reported from the Com'ee, That they had made fome further progrefs in the s'd Bill, & had diredled

Dominion and

for the
M"^

&

time fpent therein,


to

him

move

for leave to

fit

again.
will refolve
it felf

Refolved,

That

this

Houfe

into a

Com'ee

of the

whole Houfe to

morrow to coniider further of the faid Bill. Then the Houfe adjom'd till to morrow morning

10.

a clock.

ff^ednefday,

March

13, 1727.

MR.

Attorney General reported from the Com'ee to

whom

the Bill for the better

fecuring the paiment of Levies and Reftraint of vagrant idle people and for the more effectual difcovery Profecution of perfons having Baftard Children and

&

&

was committed feveral amendm'ts made which they had diredled him to report to the Houfe, and he read the Report in his place, & afterwards deliver'd the Bill with the amendm'ts in at the Table where the faid amendm'ts were read & agreed unto by the Houfe. Order'd, That the Bill with the amendm'ts be ingroffed The Houfe according to order refolved it felf into a Com'ee of the whole Houfe, to consider further of the ingroffed Bill from the Council For the better Support of the Clergy of this Dominion and for the more regular colleding & paying the Parifh Levies, and after fome time fpent therein M"' Speaker refumed the Chair, & M"' Attorney Gen' I reported from the Com'ee That they had gone thro the Bill & made feveral amendm'ts to the Bill, which they had dire(5led him to report to the Houfe, & he read the Report in his place, & afterwards deliver'd the Bill with the amendm'ts in at the Table, where the faid amendm'ts were read & with fome amendm'ts were agreed tmto by the Houfe. The faid Bill was read the third time Refolved, That the Bill with the amendm'ts do pafs. Order'd, That the Com'ee of Propos'ons & Grievances do carry the Bill to the Coimcil & acquaint them that this Houfe hath agreed to the fame with fome amendments to which they defire their Concurrence. A Meffage was brought from the Council, That they have made fome amendm'ts to the Bill intituled an Ad for laying a Duty on Slaves imported and for appointing a
for preventing unlawful Cohabitation

by the Com'ee

to the

Bill,

Treafurer.

And


(38)
ereding a new County on the heads of Effex \nd alio to the Bill intituled an Ad fcyr and for calling the fame Caroline County, to which King & Queen & King Wm. Counties
this Houfe. they defire the concurrence of the Bill intituled an paffed ha\e they ^nd that

Ad to enable Wm.
for fettling other

Farrar

Farrar

to fell

&

convey certain intailed Lands and

Lands

& Thomas & Negros of

greater value to the

fame ufes, without any amendm't. Then the Houfe adjom'd till to morrow morning

lo. a Clock.

Thurfday,

March

14, 1727-

fl|

MR.

whom the Treafurer's accounts R. Boiling reported from the Com'ee to Articles thereof, with the feveral were refer'd, that they had examined the Vouchers, & found the fame to be juftly charged, & that the ballance due in
his
.. ..

i''. hands amounts to 4,784 6 Houfe The faid accounts were paffed by this do carry the fame to Order'd, That the Com'ee who examined the faid Accounts them. paffed by be to the Council, in order Order'd, That the feveral fums hereafter mentioned be paid to the Officers of the General Affembly, refpedlively, out of the public mony in the hands of Jno. Holloway

Efqf Treafurer, Viz't

To M' John Randolph,

& Service during To 50 Seffion his ufual Salary the Gen'l Affembly William Robertfon, Clerk To Seffion 50 More extraordinary Service, & Trouble 25.. Wm. Robertfon, To the Propos'ons and Griev's, for Clerk of the Com'ee To M' Godfrey Seffion 40 ufual allowance Benj'a Needier, ferving as Clerk to the Com'ee for Courts of To Juftice 25 the Com'ee of public Claims, for his ufual To M' Miles Cary, Clerk allowance Seffion 40 To Philip Finch, Serjeant at Arms attending Houfe, for Service Seffion 40 Francis Fontaine, Chaplain to To Houfe fervice this as ufual 20 To the F. Fontaine, as a further gratuity, regard to Merit & the More length the Seffion Seafon of the year 10 To Nicho. Wager, one the Doorkeepers Houfe, attending the Com'ee Propos'ons & Grievances 10 To the N. Wager attending the Com'ee for Courts of Juftice .... 10.. To the Doorkeeper the Council 10 To John Mundel Wm. Francis & Wm. Johnson the other Doorkeepers confider'on the length each the Seffion Seafon 10
aiy for this Seffion the faid John Randolph, for extraordinary Trouble
this

Clerk of the Houfe of Burgeffes, for his ufual fal-

loo

..

..

..

..

M"'

of

for

for this

..

..

faid

for

..

Pole,

of

his

for this

..

..

M"'

for

..

..

of

for this

..

..

M"'

this

his

this

..

..

M""

this

for his

Seffion,

..

..

s'd

in

his

of

in this

..

..

of

of this

for

of

..

..

s'd

for

2..
..

of

..

in

of

of

in this

..

..

of

of

That the faid allowances be added to the Book of Claims & that the Com'ee Public Claims do carry the s'd Book to the Council for their concurrence. Refolvcd, That the fum of Twenty pounds be paid to John Clayton Efq^ Chairman the Com'ee for Courts of Juftice, for his Service this Seffion. Order'd, That M-" Walk have leave to be abfent from the fervice of the Houfe till
Order'd,
fe'nnight.

Monday

That


(39)
That
M""

Mead have

leave to be abfent

till

Wednefday next.
all

And
M"'

that M'' Randolph have leave to be abfent

the next week.

Attorney Gen' I according to order, prefented to the Houfe a Bill For preventing better fettling the proceedings in the General elays in the Courts of Justice For expediting
lourt
t

and For

the

more fpeedy

& & eafie Recovery of

fmall debts,

and the fame was received

read the firft time and order'd to be read a fecond time. Then the Houfe adjom'd, till to morrow morning ii a Clock.

Friday,

March
of the

15, 1727.

MR
&
amend

Conway with the leave


the

Houfe prefented a

Bill for the better regulating


firft

paiment

time,

&

of Burgeffes Wages and the fame was received, and read the order'd to be read a fecond time.

M''

Attorney Gen'l reported from the Com'ee to


for declaring the

whom

the Bill To explain

Negro Mulatto Indian Slaves within this Dominion real committed, That the had to be Com'ee made feveral amendm'ts to the Eftate was Bill, which they had dire(5led him to report to the Houfe, & he read the Report in his place, & afterwards deliver'd the Bill with the amendm'ts in at the Table. Order'd, That the fum of forty fhillings be paid to John Mundel, for providing Wood
the

Ad

&

for Fires during this Seffion.

Refolved,

That John Holloway &John Clayton

Efq"'^

be impower'd to
as they think
fit,

make fuch
for

alterations in the

Chamber wherein the Burgeffes

ufually

fit,

making

more room

for the Members.

A Motion being made, & the Queftion being put That an humble Addrefs be prepared to be prefented to His Majefty, & alfo a Petition to the parliament of Great Britain to obtain a Repeal of part of the late A<5t of Parliament prohibiting the Importation of Tobacco ftript from the Stalks.
Refolved, In the Affirmative
Order'd,

That

M"'

Attorney General,

M''

Meriwether, M'' Braxton,

M"'

Fran:

Willis,

M' Tayloe & M"' Efcridge do prepare & bring in the s'd Addrefs & Petic'on. The Houfe proceeded to take into confideration the amendm'ts made by the Council to the Bill for ereding a new County on the heads of Effex, King & Queen & King Wm. Counties and for calling the fame Caroline County, and the amendm'ts were feverally read & agreed unto by the Houfe. The Houfe alfo proceeded to take into confideration the amendm'ts made by the Council to the Bill For laying a duty on Slaves imported & for appointing a Treafurer, & the amendm'ts were feverally read & agreed unto by the Houfe. Order'd, That the Com'ee of Propos'ons & Griev'ces do go up to the Council & acquaint them, that this Houfe hath agreed to the feveral amendm'ts by them feverally made to the faid Bills.

A
vagrant

Bill intituled

an

Ad

For

the better fecuring the

paiment

of Levies

and Reftraint

& idle people and for the more effedual difcovery & Profecution of perfons having
Bill to eafe the

of

Baftard Children and for preventing unlawful Cohabitation, was read the third time Refolved, That the Bill do pafs.

Importers of

Rum &

other Liquors liable to a

of entering

& paying the Duties

of fuch Liquors,

Duty in was read the third time

the

manner

Refolved,
Order'd,

That the Bill do pafs. That the Com'ee of Propos'ons


Hoiife

&

Griev'ces do carry the faid Bills to the


10.

Council, for their Concurrence.

Then the

Adjom'd

till

to

morrow mom.

a clock.

Saturday,


(4o)

Saturday,
Order'd,

March

i6, 1727.

M' Laurence Smith have lea\'e to be abfent from the fervice of the Houfe on Monday next. M' Attorney Gen'l according to order prefented to the Houfe a Bill For more effe^ual pitting the penal Laws in Execution, and the fame the better time. was received & read the firft time & order'd to be read a 2d near the Moimtains in the inhabiting A Petition of fundry German Proteftants refer'd from the County of Spoffilvania, whofe names are thereunto fubfcribed, was in fettled a Parifh diftindl be may that they praying read, was GoNcmor & Council, & enabled to procure & may be they end the from the Parifh wherein they now live, to

THAT

&

maintain a Minifter of their


Refolved,
of Affembly.

own Language.

That the

faid Petition be refer'd to the confideration of the next Seffion

M' Attorney Gen'l reported from the Com'ee of Propos'ons & Grievances, That the Com'ee had had under their Confideration the feveral Petitions to them refer'd, in relation to the Bounds of feveral Parifhes in the Counties of Northumberland his place, & after8c Lancafter, and were come to a Refolution thereon, which he read in wards deliver'd it in at the Table, where it was again read & agreed to by the Houfe. Refolved, That the Bounds of the Parifh of Wiccocamico fhall hereafter be the fame as they were reputed to be before the fettlement of the Bounds between the
Counties of Northumberland
Seffion of Affembly.

&

Lancafter

made
M''

in the year 1723,

&

confirmed at the

laft

Grymes, or any two of them, be impower'd to run the dividing Line between the faid Parifh and the Parifhes in the County of Lancafter upon which that Parifh joins, as the bounds were reputed before the year
Refolved That M'' Lee,

M'

Tayloe,

&

1723,

&

that the fame be done at the charge of the parifh of Wiccocomico.

The Houfe proceeded to take into confideration the Report of the Com'ee, to whom & amend the Ad For declaring the Negro Mulatto & Indian Slaves within this Dominion to be Real Eftate was committed, and the amendm'ts were read, & agreed unto by the Houfe. And, after a Debate, the Queftion was put That the Bill with the amendm'ts be ingroffed.
the Bill To explain

Refolved
Order'd,

In

the Afflrm.ative.

explain

That the fame be ingroffed, and that the Title of the Bill be, An Ad To amend the Ad For declaring the Negro Mulatto & Indian Slaves within this Dominion to be Real Eftate And part of one other A61 intituled an Ad For the Diftribution of Inteftates Eftates declaring Widows Rights to their deceafed Hufbands Eftates and for

&

fecuring Orphans Eftates.

Invafions

to

For making more effedual Provifion againft was read the fecond time & order'd to be read a third time. A Meffage was brought from the Coimcil, That they have made feveral amendm'ts the Bill intituled an Ad For the better & more effedual improving the Staple of Tobacco,

An

ingroffed Bill from the Council,

& Infurredions,

to which they defire the concurrence of this Houfe. And that they have agreed to all the amendm'ts
intituled

made by

an

Ad

For

the better

Support

of the

regular colleding

& paying the Parifh Levies.


better regulating the
till

Clergy of this

this Houfe to the Bill Dominion & for the more

time

A Bill For the & committed

paiment of Burgeffes Wages was read the fecond


11

Then the Houfe adjom'd

Monday morning

a clock
Monday,


(41)

Monday, March 18, 1727.

AMOTION
M"'

made The Houfe was


being
Order'd,

call'd over,

appear were called over a fecond time,

& the names of feveral Members who & thereupon


Willis,

did not

Raven fcroft

&

That M-- R. Armiftead, M-- F. M" Rofcow be taken into Cioftody


an

M' H. Armiftead,

M"- Blair,

of the Serjeant at

Arms attending
Mulatto

this

Houfe, for negle(5ting to attend their Service in the General Affembly.

Bill intituled

Ad

To explain

& amend the Ad For declaring the Negro

& Indian Slaves within this Dominion to be Real Eftate And part of one other A6t intituled
an Ad For the diftribution of Inteftates Eftates declaring Widows Rights to their deceafed Hufband's Eftates for fecuring Orphans Eftates, was read the third time. Refolved, That the Bill do pafs. Order'd, That the Com'ee of Propos'ons & Grievances do carry the Bill to the Cotincil

&

for their Concurrence.

The Houfe being inform'd That


the Houfe.

M"-

Ravenfcroft

W F.

Willis,

W H. Armiftead &
&

M*-

Blair attended at the door in Cuftody


Order'd,

&

praied to be admitted to take their places in

of Cuftody, paying Fees. better fettling the Delays in Courts of Juftice For expediting proceedings in the General Court and for the more fpeedy eafie Recovery of fmall Debts, was read the fecond time, & feveral amendments were made thereunto at the Table. Order'd, That the Bill with the amendm'ts be ingroffed & that the Title of the Bill

That they be difcharged out

Bill for preventing

&

For preventing Delays in Courts of Juftice, For expediting & better fettling the and for the more fpeedy & eafie Recovery of fmall Debts And for Repealing an Ad For obliging Attornies profecuting Suits on behalf of perfons Damages And declaring in what out of the Country to give Security for paying all Cofts manner fuch fecurity fhall be hereafter given. Order'd, That M"" Boufh have leave to go into the Coimtry, for Recovery of his Health. Then the Houfe adjom'd till to morrow morning 10 a Clock.
be,

An Ad

proceedings in the General Court

&

Tuefday,

March

19, 1727.

MR.
And

Conway reported from the Com'ee to whom the Bill for the better regulating paiment of Burgeffes Wages was committed, feveral amendm'ts made by the Com'ee to the Bill, which they had directed him to report to the Houfe,
the

&
amendments

he read the Report in his place,


in at the Table,

&

afterwards deliver'd the

Bill

with the

where the amendm'ts were feverally read. was put That the Bill be recommitted Yeas 2 2 Noes 22 M'' Speaker Yea And fo it was Refolved in the Affirmative. A Petition of Jofeph Sutton was prefented to the Houfe & read, praying an Allowance for Carpenters & Joiner's work done about the Capitol & Public Joal. Order'd, That the s'd Petition be refer'd to the confideration of the next Seffion of
after a Debate, the Queftion

Afs'bly.

For preventing Delays in Courts of Juftice For expediting better fettling the proceedings in the General Court and for the more fpeedy & eafie Recovery of fmall debts And for Repealing an Ad For obliging Attornies profecuting Suits on behalf of perfons out of the Country to give Security for paying all Cofts & Damages And declaring in what manner fuch Security fhall be hereafter given, was read the third time, & an amendm't was made to the Bill at the Table.
Bill intituled

an

Ad

&

Refolved,

(42)

Refolved,
Order'd,

That the Bill do pais. the That the Com'ee for Courts of Juftice do carry
a
Bill

Bill to

the Council, for

their Concurrence. M' /IZ/wm-j' Centra/, according to order, prefented

r-,,; r For eredtng a Light-houfe

on Cape Henry, and the fame was received


fecond time. Then the Houfe adjom'd
till

&

read the

firft

time

&

order'd to be read a

to

morrow morning ii. a

clock.

fFednefday,

March

20, 1727.

MR.

Harrifon, according to Order, prefented a Bill For afcertaining the Fees of certain Oncers therein mentioned, and the fame was received & read the firft

Time,

&

order'd to be read a fecond time.

M' Attorney Gen'l reported from the Com'ee to whom the Bill For the recommitted, fome amendm'ts better regulating the paiment of Burgeffes Wages was him to report to the Houfe, dire(5led had they made by the Com'ee, to the Bill, which & he read the Report in his place & afterwards deliv'd the Bill with the amendm'ts
in at the Table,

where the amendments were read And, after a Debate, the Queftion was put That the Bill be ingroffed
Refolved,

&

difagreed to

by the Houfe.

It

paffed in the Negative


Bill Intituled

That the Bill be Rejeded Meffage was brought from the Council, That they have paffed a
the better regulating

an

ad For

&

afcertaining the current Rates of Silver

Coin within

this

Dotninion, to which they defire the concurrence of this Houfe.

amendm'ts to the Bill intittded, an Ad to prevent loffes to Ex'ors & Adm'rs by the Sale of Negros Goods and Chattels taken in Execution For amending the Law in relation to Ex'ors & Adm'rs For maintaining Adions of Account againft Ex'ors & Adm'rs and by one Jointenant & Tenant in Common again ft another Jointenant & Tenant in Common their Ex'ors & Adm'rs For impowering Fathers to difpofe of the Cuftody & Tuition of their Children And for the better managing & feciiring

And

that they have

made

feveral

Orphans

Eftates.

And alfo to the Bill

intituled

an Ad For ereding a Town in the County

of Spotfilvania,

to which they defire the Concurrence of this Houfe.

amendm'ts made by the Counthe Staple of Tobacco, and the amendm'ts were feverally read, & all the faid amendm'ts were agreed imto by the Houfe, except two, made in the 13th & 14th lines in the 5th fide of the Bill, which were difato take into confideration the
cil

The Houfe proceeded

to the Bill For the better

&

more effedual improving

greed to by the Houfe.


Order'd, That the Com'ee of Propos'ons & Griev's do carry the Bill to the Council & acquaint them That this Houfe hath agreed to all the amendm'ts by them made to the faid Bill, except thofe in the 13th & 14th Lines of the 5th fide, to which the Houfe hath

difagreed

Invafions

For making more effedual Provifion againft was read the 3d time. Refolved, That the Bill do pafs. Order'd, That the Com'ee of Propos'ons & Griev's do carry the Bill to the Council & acquaint them that this Houfe hath agreed to the fame without any amendm't. An ingroffed Bill from the Council, For the better regulating and afcertaining the current rates of Silver Coin within this Dominion, was read the firft time, & order'd to be

An

ingroffed Bill from the Council,

& Infurrec'ons,

read a fecond time.

Then the Houfe adjom'd

till

to

morrow morning 10. a

Clock.

Thurfday,


(43)

Thurfday,
Order'd,

March 21, 1727.

Members of this Houfe, in Cxiftody of the Houfe, for negledting to attend their Service in the Affembly, be difcharged out of Cuftody, paying their Fees. The Houfe proceeded to take into confideration the amendm'ts made by Adm'rs by the Sale of Negros Goods the Council to the Bill To prevent Loffes to Ex'ors Chattels taken in Execution For amending the Law in Relation to Ex'ors Adm'rs For

"MIAT

M--

Rofcow

&

M""

R. Armiftead,
this

Serjeant at

Arms attending

&

&

&

maintaining Adions of Account againft Ex'ors Adm'rs and by one Jointenant Tenant Tenant in Common their Ex'ors and Adm'rs For in Common againft another Jointenant impowering Fathers to difpofe of the Cuftody Tuition of their Children And for the better

&

&

&

&

and the amendm'ts were feverally read, The firft amendm't was agreed to, the 2d & 3d amendm'ts were difagreed to, the 4th & 5th amendm'ts were agreed to, the 6th & 7th amendm'ts were difagreed to, the 8th amendm't was agreed to, & the laft amendm't was difagreed to by the Houfe. Order'd, That the Com'ee of Propos'ons & Grievances do carry the Bill to the Council, & acquaint them which of the faid amendm'ts are agreed to, & which are difagreed to by this Houfe. A Meffage was brought from the Council, That they do recede from the amendments by them made to the Bill For the better & more effedual improving the Staple of Tobacco to which this Houfe hath difagreed, & that they have paffed the Bill with the amendm'ts agreed to by this Houfe. That they have paffed the Treafurer's accounts. And that they propofe feveral allowances to be added to the Book of Claims, to
managing
fccuring

&

Orphans

Eftates,

which they
M"'

defire the

Concurrence of this Houfe.

whom the Bill declaring who fhall be was committed, feveral amendm'ts made to the Bill by the Com'ee, which they had diredted him to report to the Houfe, & he read the Report in his place, & afterwards deliver'd the Bill with the amendm'ts in at the Table, where the fame were again read & agreed to by the Houfe. Order'd, That the Bill with the amendm'ts be ingroffed. An ingroffed Bill from the Coimcil, For the better regulating & afcertaining the current rates of Silver Coin within this Dominion, was read the f econd time & committed A Bill For the better & more effedual putting the penal Laws in Exec'on, was read the
Attorney Gen' I reported from the Com'ee to
accounted Mulattos

fecond time

&

committed.
till

Then the Houfe adjomd

to

morrow morning

11.

a clock.

Friday,

March

22, 1727.

For the better regulating afcertaining the current rates of Silver Coin within this Dominion was committed, that the Com'ee had made an amendm't to the Title of the Bill & prepared a Claufe to be added to the bill, which they had diredted him to report to the Houfe, & he read the Report in his place & afterwards deliver'd the Bill with the amendm'ts in at the Table, where the amendm'ts were again read & agreed to by the Houfe.
Council,

MR.
The

Harrifon reported from the Com'ee to

whom

the ingroffed Bill from the

&

was read the third time. Refolved, That the Bill with the amendm'ts do pafs. Order'd, That M"' Harrifon, Tayloe, Braxton & M"' Lee do carry the Bill to the Council & acquaint them that this Houfe hath agreed to the fame with fome amendm'ts,
Bill

to which they defire their Concurrence.

till

this

That M'' Tayloe have leave to be abfent from the service of the Hovife day fe'nnight. That M'' Lee have leave to be abfent from the Service of the houfe till to morrow
Order'd,

fevennight.

That


(44)

&

to take into confideration the amendm'ts made by the Council in County of Spotfilvania, & the amendm'ts were feverally to the Bill Far ereding a Town them agreed unto by the Houfe. read and with an amendment to one of Grievances do carry the Bill to the Council Order'd, That the Com'ee of Propos'ons them that this Houfe hath agreed to all the amendm'ts by them made to

from the Service That M' Harrifon have leave to be abfent Government. certain Affairs relating to the

of the

Houfe upon

The Houfe proceeded

&

acquaint

the faid

Bill,

with an amendm't to one of

them

Order'd,
till

That M' Ravenfcroft have leave to be abfent from the Service of the Houfe

Mondiiy next.

A
time

Bill intituled

an

Ad declaring who
&

fhall be accounted Mulattos,

was read the

third

Refolved,
Order'd,

That the Bill do pafs. That M^ Attorney General

M'

Kemp do

carry the Bill to the Council for

their Concurrence

A
A Ad

Bill

For ereding a Light-houfe on Cape Henry was read the fecond time and

committed
Meffage was brought from the Council, That they have paffed a Bill intituled For prohibiting the Exportation of Grain in time of Scarcity And that they do an recede from fome of the amendm'ts by them made to the Bill, To prevent loffes to Ex'ors Chattels taken in Ex' on For amending the Law Adm'rs by the Sale of Negros Goods

of account againft Ex'ors & another Jointenant & Tenant Common againft & Tenant in Adm'rs and by onejointenant in common their Ex'ors & Adm'rs For impowering Fathers to difpofe of the Cuftody &

&

&

in relation to Ex'ors

&

Adm'rs For maintaining Adions

Tuition of their Children

that they do

infist

And for the better managing and fecuring Orphans Eftates, And upon the other amendments to the faid Bill to which this Houfe
amendm't made by
this

hath difagreed

And

that they do agree to the

this

Houfe

to the Bill
this

better regulating

&

afcertaining the current Rates of Silver

Coin within

For the Dominion.

And
made

alfo to the

amendm't made by

to the Bill for ereding a

Town

in the

Houfe to one of the amendm'ts by them County of Spotfilvania. And that they have
to the Bill for diffolving the prefent

paffed the faid Bills with the amendm'ts.

And

that they have

made fome amendm'ts

Veftry of the

Parifh of Elizabeth City, and for appointing a new Eledion of Veftry-men

for the faid Parifh.

And alfo to the Bill to explain & amend the Ad For declaring the Negro Mulatto & Indian Slaves within this Dominion to be real Eftate And part of one other Adt intituled
an Ad For the Diftribution of Inteftates Eftates declaring Widows Rights to their deceafed Hufbands Eftates & for fecuring Orphans Eftates, to which they defire the Concurrence
of this Houfe.

And the amendm'ts to the by the Houfe. Order'd, That the Com'ee
Council,

laft

mentioned

Bill

were feverally read

&

difagreed to

made Then

of Propos'ons & Grievances do carry the Bill to the acquaint them that this Houfe do not agree to the amendments by them to the faid Bill

&

the Houfe adjom'd

till

to

morrow morning

ii.

a clock.

Saturday,

MR
deliver'd

March

23, 1727.

Attorney Gen'l reported from the Com'ee to

& more effedual ptitting the penal Laws


the Com'ee

whom

the Bill For the

better

in Execution

feverally

amendm'ts to the Bill, he read the Report in his place, & afterwards the Bill with the amendm'ts in at the Table, where the amendm'ts were read & agreed unto by the Houfe.
feveral

had made

was committed, That which they had diredted

him

to report to the Houfe,

&

Order'd,


(45)

That the Bill with the amendm'ts be ingroffed. M"' Attorney Genl alfo reported from the Com'ee to whom the Bill For ereding a Light-houfe on Cape Henry was committed, that the Com'ee had made feveral amendm'ts to the Bill, which they had directed him to report to the Houfe, & he read the Report in his place, & afterwards deliver'd the Bill with the amendm'ts in at the Table, where the amend'ts were feverally read & agreed to by the Houfe. Order'd, That the Bill with the amendm'ts be ingroffed. The Houfe proceeded to take into confideration the feveral allowances propofed by the Council to be added to the Book of Claims, and feveral of the Articles were allowed by the Houfe & added to the Book of Claims. And, after a Debate, the Queftion was put That the account of M"' Leheups' expenfes in obtaining His Majefty's Approbation of the Ad For laying a Duty on Liquors, be paid out of the mony in the hands of the
Order'd,

Treasurer.
It pa ffed in the Negative. Sutton refer'd be to the confideration of the Com'ee Order'd, That the claim of Jofeph of Public Claims & that they do examine the fame & report their opinions thereon to the Houfe.

Meffage was brought from the Council, That they have made fome amendm'ts to the Bill intituled an Ad For the better fecuring the paiment of Levies and Reftraint idle people and for the more effedual difcovery profecution of perfons having of vagrant

&

&

Baftard Children

And

for preventing unlawful Cohabitation, to

which they

defire the

Concurrence of this Houfe. And that they do recede from part of the
intituled

firft

amendm't by them made to the

Bill

To explain & amend the Ad For declaring the Negro Mulatto Indian Slaves within this Dominion to be Real Eftate And part of one other Adl intituled an Ad For an

Ad

&

the diftribuiion of Inteftates Eftates declaring

Widows Rights

to their

deceafed

Hufbands
that part

Eftates
m't,
of

& for fecuring Orphan's Eftates, and do infift on the other part of the s'd amendthat they do recede from the other

&

amendm't

to the s'd

Bill.

And

the

amendm't

to the

faid Bill

which the Council

infift on,

was

read,

&

agreed vmto

of Propos'ons & Grievances do carry the Bill to the acquaint them that this Houfe hath agreed to that part of the amendm't to the faid Bill which they do infift on Then the Houfe adjom'd till Monday morning ii. a clock.

by the Houfe. Order'd That the Com'ee

Council,

&

Monday, March 25, 1728.

MR.
third time,

Conway prefented a
of the

For leffning the Levy by the Poll, by paying the Salary Burgeffes in mony, and the fame was read the firft time, & order'd to
Bill
Bill,

be read a fecond time.

For afcertaining the Fees of certain Officers therein mentioned was read the fecond time and feveral amendments were made to the Bill at the Table. Order'd That the Bill with the amendm'ts be ingroffed A Bill intituled An Ad For ereding a Light Houfe on Cape Henry was read the

&a

blank in the
Cont.

Bill

was

filled

up.
effedual putting the penal

Refolved

Nem:

Bill intituled

an

Ad

That the Bill do pafs. For the better & more

Laws

in

Execution,

was read the third time Refolved, That the Bill do pafs. Order'd, That the Com'ee of Propos'ons

&

Grievances do carry the faid Bills to the

Council

&

defire their Concurrence.

The

(46)

of perfons having Baftard & idle people And for the more effedual Difcovery & Profeciition amendm'ts were

the amendm'ts made by the The Houfe proceeded to take into Confideration Levies & reftraint of vagrant paiment the of Council to the Bill For the better fecuring

agreed unto by the Houfe read & with an amendm't to one of them Griev'ces do carry the Bill to the Council, Order'd, That the Com'ee of Propos'ons & to the amendments by them made and acquaint them that this Houfe hath agreeed one of them. to the faid Bill, with an amendment to appointed had, according to order, exam'd perfons the M' Boiling reported That
Secretary's Office & public Goal, & the Claim of Jofeph Sutton for work done in the were of opinion that he ought to be allowed nine pounds for the fame. Order'd, That the fum of nine pounds be paid to Jofeph Sutton, and that it be added
to the

Children

And

for preventing unlawful Cohabitation

and the

feverally

Book

of Claims.

That the Com'ee of Claims do carry the Book of Claims to the Council, & acquaint them, That this Houfe hath agreed to all the Allowances by them propofed to be added to the faid Book, except the allowance to Benj'a Difborow, for the Commitment and Releafmg of Prifoners, and M' Leheup's account. A Bill Forleffningthe Levy by the Poll by paying the Salary of the Burgeffes in mony,
Order'd,

was read the fecond time. Order'd, That the Bill be ingroffed Then the Houfe adjom'd till to morrow morning

ii.

a clock.

Tuefday,

March

26, 1728.

A
covery

BILL
the

M' Kanp,

an Ad For leffning the Levy by the Poll by paying the Salary of Burgeffes in mony, was read the third time. Refolved, That the Bill do pafs. Order'd, That M'' Conway, M"' Meriwether, M'' Braxton, M'' Blair, "W Syme, Andrews, Mufcoe, & M"' Simmons do carry the Bill to the Council for
intituled

their Concurrence.

'

A Meffage was brought from the Council, That they have paffed the Book of Claims. And that they have paffed the Bill now intituled an Ad For the better fecuring the paiment of Levies and Reftraint of vagrants & idle people, And for the more effedual dis-

&

profecution of perfons having Baftard Children

and

for

making

better provifion

for the poor,

with the amendm'ts.

Order'd,

That the Com'ee


defire his Affent.

of Public

Claims do carry the Book of Claims to the

Governor,

&

The Houfe proceeded to take into confideration the amendm'ts to the Bill To & Adm'rs by the Sale of Negros Goods & Chattels taken in Execution For amending the Law in relation to Ex'ors & Adm'rs For maintaining Adions of Account againft Ex'ors & Adm'rs and by one Jointenant & Tenant in Common again ft another
prevent loffes to Ex'ors

Jointenant
of the

Common their Ex'ors Adm'rs For impowering Fathers to difpofe Tuition of their Children And for the better managing fecuring Orphans Eftates, which the Council infift on. And the amendments were feverally read
Ten't in

&

&

Cuftody

&

&

Refolved,
infifted

That this Houfe doth adhere to their difagreement to the amendments on by the Council. Order'd, That the Com'ee of Propos'ons & Grievances do carry the Bill to the Council

&

defire

them

to pafs the Bill, without the

amendments

to which this

Houfe hath
mentioned,

difagreed

Bill, intituled,

an

was read the


Refolved,

third time

Ad For afcertaining the Fees of certain Officers thvein & fome amendm'ts were made thereto at the Table.
do
pafs.

That the

Bill

Order'd,

(47)
Order' d,
:

That the Com'ee of Propos'ons& Grievances do carry the


Concurrence.

Bill to

the Council

defire their

Ordered,
^evy.

That

M''

Randolph be added to the Com'ee

for proportioning the Public

An

ingroffed Bill from the Council, For prohibiting the Exportation of Grain in
Bill,

ime of Scarcity, was read the fecond time. And an amendment was offer'd to the
he
Bill.

by

ftriking out part of the laft Claufe of

And after a Debate the Queftion was put That the amendm't be agreed to by the Houfe.
It

paffed in the Negative.

i.

Another amendm't was offer'd to the Bill, & agreed unto by the Houfe. Order' d, That the Bill be read a third time. The Houfe proceeded to take into confideration the amendm'ts made by the Council ;o the Bill For diffolving the prefent Veftry of the Parifh of Elifa. City and for appointng a new Election of Veftry-men for the faid parifh. The amendm'ts were feverally read & agreed unto by the Houfe. Order'd, That the Com'ee of Propos'ons & Griev's do carry the Bill to the Covmcil, acquaint them. That this Houfe hath agreed to the amendments by them made to the

Bill.

Then the Houfe proceeded to take into confideration the amendments made by the Council to the Bill For diffolving the prefent Veftry of the Parifh of Accomack And for jppointing a new Eledion of Veftry-men, & the amendm'ts were feverally read & difagreed unto by the Houfe. Order'd, That the Com'ee of Propos'ons & Griev'ces do carry the Bill to the Council, & acquaint them That this Houfe hath difagreed to the amendm'ts by them made to the Bill, & defire them to pafs the Bill without any amendment. Then the Houfe adjom'd till to morrow morning 1 1 a clock.

Wednefday, March

27, 1728.

an Ad For prohibiting the Exportation was read the third time. of Refolved, That the Bill with the amendm't do pafs. Order'd, That the Com'ee of Propos'ons & Grievances do carry the Bill to the Council, & acquaint them, That this Houfe hath agreed to the fame, with fome amendm'ts, to which they defire their Concurrence. A Meffage was brought from the Council, That they have paffed the Bill, intituled, an Ad For ereding a Light-houfe on Cape Henry. And alfo the Bill, intituled. An Ad For the better & more effedual putting the penal Laws in Execution, without any amendment. And that they have made fome amendm'ts to the Bill, intituled, an Ad Declaring who fhall be accounted Mulattos, to which they defire the Concurrence of this Houfe. M'' Blair, a Member of the Houfe, informing the Houfe that he had been at fome trouble & expence in going down to Hampton to view and inquire into the State of the Battery at Point Comfort, purfuant to an Order of this Houfe, & moving to have an allowingroffed Bill from the Council, intituled

AN

Grain in time

of Scarcity,

ance for the fame.


Refolved, That the matter of the faid Motion be refer 'd to the confideration of the next Seffion of Affembly.
j

to the Bill declaring


read.

The Houfe proceeded to take into confideration the amendm'ts made by the Coimcil who fhall be accounted Mulattos, and the amendm'ts were feverally The firft amendm't was agreed to, the 2d amendm't, for fo much as relates to ftriking Bill, was difagreed to. But the Houfe agreed to infert the Claufe propofed

out part of the


(48)

the word [degree]- in the tenth line, and the Claufe pofed to be made part of the Bill, after BUI, was difagreed to by the Houfe. propofed to be added at the end of the R. Boiling, & M' Kemp do carry the Bill to the Order'd That M' Attorney General, Houfe hath agreed to the firft amendm't & that the Council & acquaint them that this amendm't as relates to the ftrikmg out part Houfe hath difagreed to fo much of the 2d the Claufe propofed to be made part of the Bill after the of the Bill But agree to infert Houfe hath difagreed to the Claufe propofed word [agree]' in the tenth line, and that the

to be

added at the end of the Bill. Then the Houfe adjom'd till to morrow morning

11.

a clock.

Thurfday,

March

28, 1728.

A
greed
ments.

MESSAGE
tation of

was brought from the Council, That they have agreed to the amendment made by this Houfe to the Bill intituled an AA For prohibiting the Expor-

And

Grain in time that they do

of Scarcity.
infift

uled an

Ad

Declaring who

fhall be accounted Mulattos, to

on the amendm'ts by them made to the Bill intitwhich this Houfe hath difa-

amendm'ts by them made to the Bill intituled an Ad For diffolving the prefent Veftry of the Parifh of Accomack and for appointing a new Eledion of Veftry-men, and that they defire this Houfe to pafs the Bill with thofe amend-

And

that they do adhere to the

London, Adminiftratrix of her Brother John Page was prefented to the Houfe & read, praying that the mony due to her faid Brother for a parcel of Land upon which part of the City of Williamfburg is built purfuant to an Adl of Affembly made in the nth year of King William the 3d, may be paid to Mann Page Efq' her Attorney, when the true quantity of Land can be afcerEfq' deceafed,
tained.

A petition of M" Elizabeth Page of

That all the mony due to John Pagi Efq' for the Land upon which part of the City of Williamfburg was built, purfuant to an Adl of Affembly made in the nth year of the late King William the 3d be paid to Mann Page Efq"" for the ufe of Elifa. Page adm'x of the Goods Chattels Rights & Credits of the f 'd John Page dec'd, fo foon as the true quantity of the faid Land can be afcertained, out of the mony in the hands of the
Refolved,

Treafurer of Virginia.

M' Attorney General reported from the Com'ee appointed to draw up an Addrefs & a Petition to the Parliament of Great Britain to obtain a Repeal of part of a late Adl of Parliament prohibiting the Importation of Tobacco ftript from the Stalks, That the Com'ee had prepared an Addrefs & Petition accordingly, which he read
to His Majefty,
in his place,

&

deliver 'd in at the Table.


his Majefty

The addrefs to

was read

And, after a Debate, the Queftion was put That the Addrefs be approved by the Houfe.

Then a
of

Petition

To

Refolved In the Affirmative. the Honorable the Knights Citizens and Burgeffes of the Houfe

Commons
Order'd,

Council,

&

affembled in Parliament was read, & agreed unto by the Hotife. That the s'd Addrefs & Petition be fairly tranfcribed & a Blank left for the that the Com'ee who prepared the fame do carry the fame to the Council

&

defire their concurrence.

Petition of David Bray Efq' was prefented to the Houfe & read, fetting forth That a parcel of Land whereof his Father was formerly feized was taken away by an Ad of Affembly made in the nth year of the late King William, for building the City
of
'Brackete are here used in the original instead of quotation marks.


(49)

&

by the s'd Adl remains unpaid, praying that the fame may be now paid to him, when the true quantity of Land fhall be known. Refolved, That the Ballance due to David Bray Efq' for the confideration given by the Adl of Afs'ly made in the i ith year of the Reign of the late King William for the Land taken away by that Adl from the Father of the s'd David, for building the City of Williamfburg, be paid to him out of the money in the hands of the Treasurer of Virginia
of Williamfbtirg,

&

that part of the conlideration given

quantity of Land can be known. A Motion being made That this Houfe would come to a Refolution not to prefent the Bill which hath paffed this Houfe & the Council, For laying a Duty upon Slaves, in regard that the Council had been pleafed to refufe to agree to the paffmg a Bill For leffning the Levy by the Poll, which was the true defign of laying the duties by which the prefent Revenue in the hands of the Treafurer of Virginia hath been raifed. Order'd, That the s'd Motion be taken into confideration to morrow. A Meffage was brought from the Cotmcil That they do agree to join with this Houfe
fo foon as the true in the

Addrefs to His Majefty

&

the Petition to the Houfe of

Commons

of Great Britain

Tobacco ftript from the Stalks. And that they have made fome amendm'ts to the Bill intituled an Ad For preventing delays in Courts of Juftice For expediting & better fettling the Proceedings in the General Court and for the more fpeedy & eafie Recovery of fmall debts and for repealing an
in relation to the Prohibition of

Ad

for obliging Attornies profecuting Suits

on behalf

of perfons out of the

Country

to give

fecurity for

paying

all cofts

& Damages And declaring in xvhat manner fuch Security fhall

which they defu-e the concurrence of this Houfe. Motion being made and the Queftion put That an Agent be appointed to folicit the Addrefs of this Houfe & the Council and their Petition to the Houfe of Commons of Great Britain in relation to the Prohibition of Tobacco ftript from the Stalks, Refolved In the Affirmative Refolved, That M"" John Randolph be appointed the Agent to folicit the s'd Addrefs
he hereafter given, to

&

Petition in behalf of this Country.


Order'd,

That M"^ Burges have leave to go home. The Houfe proceeded to take into confideration the amendm'ts made by the Council to the Bill For preventing delays in Courts of Justice, & the amendm'ts were feverally read & agreed unto by the Houfe. Order'd, That the Com'ee for Courts of Juftice do carry the Bill to the Council & acquaint them that this Houfe hath agreed to the amendm'ts by them made to the
faid Bill.

be an Inftrudlion to the Com'ee appointed to draw up an Addrefs to the Gov'r to prepare a Claufe to be added to the s'd Addrefs to give the Gov'r an acOrder'd,

That

it

coimt of the proceedings of this Houfe, during this Seffion.

Then the Houfe adjom'd

till

to

morrow morning

ii.

a Clock.

Friday,

March
the

29, 1728.
they have

A
the

MESSAGE was brought from the Council That


to the Bill

made fome amendm'ts

Fees of certain which they defire the concurrence of this Houfe.

For afcertaining

Officers therein mentioned, to

The amendm'ts were feverally read. And all the amendm'ts for increaling the Fees fettled in the Bill were Houfe, & the other amendm'ts were agreed to by the Houfe.
Order'd,

difagreed to

by

& acquaint them

That the Com'ee of Propos'ons & Griev'ces do carry the Bill to the Coimcil that this Houfe hath difagreed to all the amendm'ts for increaling the Pees fettled in the Bill & that they do agree to all the other amendm'ts. And the Bill was paffed by the Council with thofe amendm'ts.
Refolved,


15)
be paid to M' John Randolph Clerk of this Refolved That the fe%-eral fums following Journals of this Seffion of Affembly, to be Houfe for the feveral Copies of the Laws

&

made out by him by the duty

of his office, viz't

to be font to the feveral For thirty Copies of the Laws of this Seffion ^SoCounties of this Colony Gov 'r the to ... deliv'd 20 be to For four Copies of the Laws of this Seffion Clerk of the to delivered For one Copy of the Laws of this Seffion to be
.
. .

5 the Secretary's Office Gov'r to the deliv'd be 10 to Seffion this of For four Copies of the Journal to the Speaker 2 For one Copy of the Journal of this Seffion deliv'd fhillings ten be paid to pounds feven Order'd, That the fum of one hundred eighty
. .
.

. . 10
.

W John Randolph Clerk


for the s'd Services.

of this

Houfe out

of the

money

in the

hands

of the Treasurer

Refolved,
for his

That the fum

of

expcnce & Trouble in purfuant to an order of this Houfe.


Order'd,
all

Ten pounds be paid to M-- Blair, a Member of this Houfe going to Hampton to view the Battery at Point Comfort,

That the Com'ee of Propofitions & Grievances do carry the s'd Refolves & other Refolves of this Houfe for paying any fums of mony out of the Treafury, to the

CouncU,

&

defire their concurrence.

M' Harrifon reported from the Com'ee appointed to draw up an Addrefs to be prefented to the Governor, That the Com'ee had drawn up an Addrefs accordingly, which he read in his place & afterwards deliver 'd it in at the Table, where it was read & agreed
to

by the Houfe as follows. May it pleafe Your Honour The Houfe of Burgeffes of Virginia beg leave to lay before you an account

of

our

proceedings during this long Seffion of Affembly, wherein

taken into our confideration the feveral Speech at the Opening of this Affembly.

we have, in the recommended to important matters

firft

place,

us in

Your

concur with you in Opinion that the maintaining a Battery at Point Comfort will greatly contribute to the Safety & Prefervation of the Trade & Navigation of this Colony; But finding upon a ftridl & diligent Inquiry that one of the purpofes for giving the Duties of Two fhillings ^ hogfhead upon Tobacco & Fifteen ^ Ton upon fhipping
was, For maintaining Forts for the Defence of the Country,
heretofore been built
is

We

& maintained out of


we have

that Revenue,
it is

& that this Battery hath & not imderftanding that there
But hope you
out of the

any deficiency
it

therein,

Refolved, That

not neceffary at this Jundlure to

contribute any thing towards defraying the charge of rebuilding the fame.
will think

expedient to defray the expence of fo ufeful

&

neceffary a

Work

proper Fund.

The great ufe & advantages of Light houfes in other parts of the World are fo A-ery obvious to every body, that we have unanimoufly paffed a Bill For ereding a Light houfe on Cape Henry, with a Claufe to fufpend the Execution thereof until the Affembly
fame Duty upon the fhipping of that Prov& maintaining the fame as is impofed upon the Ships trading to this Colony, & until His Majefty's Pleafure fhall be known: Not doubting but by Your good Offices with that Government & the Miniftry in England, this Bill may in a fhort
of
fhall

Maryland

think

fit

to agree to lay the

ince for the building

time have

its Effe(5l.

We ha\-e likewife paffed a Bill, whereby we hope all occafions of Delay in the Courts of Juftice will be in great meafure removed, & many defedls of former Laws are amended.
vifion for

of our Tobacco Trade made it neceffary to make a further proimproving of this Staple, And as the laft Law, which expires with this Sesfion, has been found by experience very beneficial to the Country we have chiefly purfued the Plan of that Law, with fome neceffary Alterations & Amendm'ts.

The prefent State

Befides this Bill

we have drawn up an Addrefs

Houfe

of

Commons

of Great Britain to obtain a

to His Majefty & a Petition to the Repeal of part of a late Adl of Parlia-

ment

(50

ment prohibiting the Importation of Tobacco ftript from the ftalk, which, we conceive, would be a very confiderable advantage as well to the Cuftoms in England, as to all the People concem'd in that Commodity. And as you have been pleafed to difcover fo good a Difpofition to advance the Trade & Profperity of this Colony, We hope You will afford us all the Affiftance in Your Power to M"' John Randolph, whom we have appointed our Agent to folicit this Bufinefs. We have paffed feveral other Bills which we found very much defired by the People we reprefent And we truft they are formed in fuch a manner as will effectually anfwer the Purpofes for which they have been made. We further beg leave on this occafion to acquaint Your Honour That this Houfe from a due confideration of Your eminent Virtues, and a juft Regard to Your Perfonal Merit, have cheerfully & freely Refolved to give Your Honor the fum of Five hundred pounds And hope you will be pleafed to accept of it as a fpecial Acknowledgement from the people of Virginia of the juft Senfe they have of Your Regard for them, and the
:

Intereft

&

Profperity of this Colony.

him to prefent the

Governor when this Houfe attend which have paffed this Seffion for his affent. M'' Efcridge reported from the Com'ee for proportioning the Public Levy, That the Com'ee had proportioned the fame accordingly & agreed upon a Report which he deliver 'd in at the Table where it was read & agreed to by the Houfe. Order'd, That the s'd Com'ee do carry the fame to the Council & delire their conRefolved,

That the

faid addrefs be prefented to the

Bills

currence.

A
time.

Bill

For raifing a Public Levy was read the

firft

time & order'd to be read a fecond

The

Bill

Order'd,

was read a fecond time & order'd to be ingroffed. That M-- Kemp Thacker M' Stith M' John Robinfon

Ball,

& M^ Syme

do examine the inrolled Bills. Then the Houfe adjom'd till to morrow morning

ii.

a clock.

Saturday,

March

30, 1728.

was brought from the Council That they had agreed to the Book of & alfo to the Refolves for paying feveral fums of mony out of the Treafur}', fent up yefterday, to which the Governor hath affented. And that the Coimcil propofe, That this Houfe would allow their Clerk for four Copies of the Journal of the Council during this Seffion, which he is by the duty of his Office to deliver to the Governor, as the Clerk of this Houfe is allowed for the fame
Proportions,
fervice.

A
A

MESSAGE

of Ten pounds be paid to M"' Wm. Robertfon, Clerk of the Council for four Copies of the Journal of the Council, during this Seffion, to be deliver'd to the Governor.

Refolved,

That the fum

Bill for raifing

a Public Levy was read the third time.


Bill

Refolved, That the Bill do pafs. Order'd, That the Com'ee who prepared the
for their concurrence.

do carry the fame to the Council

A meffage was brought from the Council That they have paffed the Bill intit'd an Ad. For raifing a Public Levy, without any amendm't. M'' Kemp reported That the perfons appointed had according to order exam'd the inrolled Bills, & foimd the fame truly inroll'd.
Order'd,

That the perfons who examined the

faid inrolled Bills

do carry the fame


Bills

to the Council for their Infpedlion.

A Meffage was brought from the Council, That they were fatisfied the feveral which have been paffed bv them & this Houfe, are truly inroll'd.


(52)
;

deliver'd by M' Robertfon Meffa-e from the Governor was commands the immediate attendance of this Houfe the M' Speaker The Governor bring with you fuch Bills as are ready for his Affent. Council Chamber, and that you Speaker prefented the Addrefs of this And the Houfe went up accordingly, and M^ Addrefs to His Majefty. Houfe to the Governor, together with the to fay, as follows, pleafed the Governor was
\

Whereupon

Gentlemen of the Houfe of Burgeffes, endeavours efledlually to introduce your Addrefs to His Majefty I fhall ufe my beft Britain, I am obliged to you for your conand your Petition to the Parliament of Great I recommended to your confideration at points feveral currence & Determination to the that you can't place the Affairs which you, the opening of this Seffion & agree with Randolph' s, who will fhortly Intereft of this Colony, in better hands than M^
A/'

Speaker

&

relate to the

go

for England.

And

afterwards the Governor was pleafed to give his Aifent to the follow 'g Public
Bills, viz't.

&

Private

Far laying, a Duty on Slaves imported and for appointing a Treafurer. For erecting a Light houfe on Cape Henry. For prez'enting delays in Courts of Justice For expediting and better fettling eafie Recovery of fmall debts the proceedings in the General Court and for the more fpeedy and for repealing an Ad For obliging Attornies profecuting fuits on behalf of perfons out Damages And declaring in what paying all Cofts of the Country to give Security for

An Adi An Ad An Ad

&

manner

fuch Security fhall be hereafter given.

&

An Ad For the better & more effediial improving the Staple of Tobacco. An Ad For making more effedual provifions againft Invafions and Infurredions. An Ad For the better fupport of the Clergy of this Dotninion & for the more regular
colleding

&

paying the Parifh Levies.

An Ad
People

For

the better fecuring the

paiment

of Levies

and Reftraint
of

of vagrant

&

idle

dren

And for the tnore effedual difcovery & Profecution And for making better Provifion for the Poor.

Perfons having Baftard Chil-

For preventing of exceffive and deceitful Gaming. For the better regulating afcertaining the current rates of Silver Coin within this Dominion and For preventing the evil pradice of cutting Forrain Gold into pieces. An Ad For prohibiting the Exportation of Grain in time of Scarcity. An Ad To explain & Amend the Ad For declaring the Negro Mulatto Indian Slaves within this Dominion to be Real Eftate And part of one other Ad intituled an Ad For the

An Ad An Ad

'jBk

&

&

diftribution of Inteftates Eftates declaring

Widows Rights to their deceafed Hn fband 's Eftates,

.
j

and

for fecuring

An Ad An Ad An Ad For the better & more effedual putting the penal Laws in Execution. An Ad For raifing a Public Levy. An Ad For ereding a new County on the heads of Effex King & Queen & King Wm.
Counties

Orphan's Eftates. For afcertaining the Fees of certain Officers therein mentioned. For encouraging Adventurers in Iron Works.

& for calling the


Ehdion

fame Caroline County.


Henrico.
Veftry of the Parifh of Elizabeth City and for for the faid Parifh.

An Ad For dividing the County of An Ad For diffolving the prefent


appointing a new
of V?ftry

men

An Ad For Killing Squirrels & Crows in the Counties of Accomack & Northampton. An Ad For ereding a Town in each of the Counties of Spotfilvania and King George. An Ad To prevent Swine running at large within the limits of the Town of Norfolk. & An Ad For enabling William Farrar & Thomas Farrar to fell & convey certain intailed

Lands and

to fettle other

Lands

& Negros of greater value to the fame ufes.


the following Speech,

And

then he was pleafed to

make

Gentlemen

(53)
Gentletnen of the Council,

M'
I

Speaker

& Gent'n of the Haiife of Burgeffes.


my hearty thanks for the great Zeal & DiHgence you have fliewed in the

return you

AfTairs, and in a particular manner for the many Inftances of your Will towards Good me, that extraordinary Proof of yoxor Affecflion for me, & for the

difpatch of the

Pubhc

in repairing the Fort

Confidence your are pleafedto repofe in me, which fhall in due time be faithfully difcharged & building the Light houfe fo much wanted for the fecurity of our

Country

&

Trade.

As I have done nothing hitherto but what is the Refult of my Duty, how pleafant muft the Refledtion needs be, when my Behavior, fo highly approved of by you, & in which my Confcience Honor & Intereft as well as Gratitude are equally concern 'd, is
hat exactly agrees with the Intentions of my Roial Mafter, & will not fail to render my Adminiftration acceptable to that Prince, who confummates his Throne in the hearts
of his People.

The great
ment
tereft

Bufinefs of your Meeting being


let

your refpedlive Cotmties,


of Virtue
let

the Fear of

now finifh'd, and the Seafon calling you to God & the Honor of Our Soverain, the encourage:

&
:

Attention,

thefe regulate

the Abolition of Vice, Motives of themfelves fufficient to excite your all your Adtions This we fhall find to be both for our In-

&

Credit

common
it

Obfervation confirming
is

it,

as well as the Lips of Truth

it felf,

that Righteoufnefs exalts, but Sin


fidently

a Reproach to any People.

And

as

you may con-

depend upon

that thefe precepts fhall alwaies vifibly appear in

my

Pradlice,

yours will be agreeable to them, that if it fhall pleafe God we meet again, we may find our felves in a proper temper unanimoufly to proceed in fixing the WeUfare & Profperity of this Dominion on the beft and fureft Foundations. And now, Gentlemen, nothing remains but for me to acquaint you that I have thought fit to prorogue you to Thurfday the 14th of November next. And this Affembly is accordingly prorogued to Thurfday the 14th day of November
o
I

promife

my felf

next.

THE

JOURNAL
OF THE

House OUSE
Begun and held

of B OF J3URGESSES.
AT A

GENERAL ASSEMBLY,
at

WILLIAMSBURG
in

the

ffirft

Day of

ffebruary

the

ffirft

Year of the

Reign of Our Soverain Lord

GEORGE
of

the

Second by the Grace of God of Great Britain


ffrance
ffaith

and

Ireland King Defender


in

the

^c And

the

Year of Our
ffrom thence

Lord

MDCCXXVIJ
tinued
ffirft

And

Con-

by Several Prorogations to the twenty

Day of May in the Third Year of the Reign of Our Said Lord the King now. And in the Year of Our Lord MDCCXXX
Being
the

Second Seffion of

this

prefent

Gen'l Aflembly.

RICHMOND, VIRGINIA.

MCMX

THE

JOURNAL
OF THE

House OUSE
THE
A
M''

of OF

B OURGESSES
21, 1730.
for the Counties of Caroline

Thurfday,

May

Members return 'd upon New Writs

and Gooch-

land and for the College of William and

Mary having taken

the Oaths and

Subfcribed the Declaration and took and Subfcribed the Oath of Abjuration, Purfuant to the Laws made for thofe Purpofes took their places in the Houfe.

Meffage from the Governor was deliver'd by M'' Robertfon. Speaker, The Governor Commands the immediate attendance of this Houfe

in the Council

Chamber.

who

Accordingly M"' Speaker with the Houfe went up to attend the Governor And being return 'd M'' Speaker Reported that the Houfe had attended the Governor was pleaf'd to make a fpeech to the Coxincil and this Houfe, which being long to
it,

prevent miftakes he had obtain 'd a Copy of


follows.

and

it

was read

to the

Houfe and

is

as

Gentlemen of the Council M' Speaker and Gentlemen of the Houfe of Bnrgeffes. defign of our meeting being to promote the Welfare and Profperity of this Province, by framing of f uch Laws as your Wifdom fhall f uggef t to you A more f uitable

The

Occafion for the Confideration of the advantages which will arife to this Covmtry from

happen 'd, than at the time when by the good manag'ment of our Sovereign, and the Vigilance of his Minifters a Peace with Spain is happily concluded and all things are making towards a general Pacification. IN fo Inviting and promifmg a Seafon for fuccefs to yotir Endeavours to Juftice to your Country by taking its Commerce into your Care and Prote<5lion And be convinc'd from the miferable Circumftances your Staple is reduc'd to. Of the neceffity and Importance of that Inquiry on which your own Fortunes and Eftates as well as thofe of your Conftituents do principally depend. And that I may not be wanting in the
a prudent Regulation of your Trade, could not have
:

difcharge of
I fhall

capable of Judging will effedlbrought to fucccr; efpecially fmce it may be improv'd by your better obferv-ation, and Practical knowledge to which I chufe to fubmit it. For altho I am convinc'd if we were to look back the mif chiefs in that meloncholly view would be fo many Incentives to a greater Caution in future Legiflation. Yet I fhall neither deplore the wretched Condition your Trade is in at prefent nor Expatiate on the flourifhing State that muft Evidently follow from fuch a Law becaufe by the one I might be Cenfur'd for blaming what Experience can only beft Corredl; And the other
lay before
ually fupport the delign
it is
;

my Duty to a People whom I delight to fen^e. you a Scheme which as far as I am

would

(58)
would look
your Judgements in favour of this Formulary and both together Scheme to Gentlemen o Capable of Judging but a needlefs Subfer%-iency to Introduce a
like limitting

for themfelves.

Continuance if they are fmce whatever Adls you prepare will have no long I can acquaint you, the fatisfadtion great It is with difagreeable to the Brittifh Trade. You may therefore home: Scheme I now recommend has been already approv'd at of a Bill on this Projed fecure with chearfulnefs fupply your thoughts to the framing Concurr with yours. And it Merchants the of from Oppofition where the Interefts Maryland Neighbours appear our that to be attended with the better Succefs in

AND

is like

ftrongly difpofed to
I

me of any Sinifter or private views Trade for it is purely my concern Tobacco your in urging fo zealoufly the Amendment of me herein and will always for the general Prosperity of this Colony which Engages prompt me to be anxious for its true Interefts, and to do every thing in my power to

AM

into the fame Meafures. one of you will acquit every perfwaded
fall

oblige every
differ in the

Member

of the

means to as like purpofes require like difpofitions give me leave to befpeak the fame temper and Unanimity with which you proceeded in the Service of the Publick the laft Seffion For no lefs Addrefs will be requifite in Adjufting an Affair attended with fuch

Community, afting by the fame accomplifh the fame end.

Principle,

however we may

BUT

variety of Circumftances
I

and Pretences.

have two Inftrudlions to lay before you Copies of which fhall be prepared for that purpofe; One concerns the honour of Almighty God not yet by Law fufficiently fecur'd, but am fatisfied will no longer want your defence; the other relates to Bankrupts in England having Eftates in this Country. AND as in the late Repealed Law for limitting Suits on Judg'ments and Obligations there were many beneficial Claufes which may be Re-ena(5ted without giving offence, you will no doubt think it neceffary to prepare a New Bill fuitable to the Circumftances of the Country without medling with thofe parts repugnant to the Statutes of Great Brittain for which the former Law was Repealed. IT will alfo be worthy your Confideration to inflidl adequate punifhments on fuch Offenders as are guilty of the Felonious burning of Tobacco houfes, and on robbers of Stores and Ware-houfes pradlices now become very frequent and I am afraid too much encouraged by allowing the benefit of the Clergy to fuch Criminals; efpecially fince fo many Imported Convidls are come among us who make light of the punifhment the

':

Law

in that cafe

infli<5ls.
*|
|

of the Houfe of Burgeffes have Reafon to Conclude that your Rewards will always be groimded upon a Principle of Juftice It will be fufficient for me to obferve to you that John Randolph Efq' to whofe Abilities and Adlive Application the fuccefs of your Addrefs and Petition is in a great Meafure to be afcribed, has befides his Service a Claim by Perfonal Merit to which his recompence ought to be proportioned.

Gentlemen

AS

of the Council and Houfe of Burgeffes have now the Comfort to find that we promif'd our felves on account of that Excellent Character, with which our common Sovereign afcended the Brittifh Throne and whence we hoped for all the Felicity that could be expedled imder the Government of the moft Amiable Monarch; We did not promife our felves in vain; Our expeftation is made good by our Experience; we could not hope for more than we have, nor wifh for more than we enjoy; Our Religion is not only fafe but fiourifhing while he prefides

Gentlemen

WE

who
live

is the great Example as well as Guardian of it; Our Liberties are fecure while we under a Prince who efteems it his greateft Glor>- to rule over a free People; nor need we fear an Invafion of our Properties while he Commands who by the Wif dom and Juftice of his Adminiftration Protefts them: and by his Vigilance and Courage will always guard them.

BY

(59)
fuch a Charadler and fuch a Conducft it is that oior Sovereign Unites the hearts Subjects at home; and ftrengthens the confidence of his Allies abroad; that he of his foftens and fubdues whatever Envy or Oppofition had conceived againft him.

BY

an Influence fo Extenfive as well as Gracious no wonder if we partake Advantages and Bleffings, that flow from it, But as by Reafon of our diftance fome of thofe muft be Communicated to you, by him in whofe hands his Majefty has been pleafed to lodge the Government of this Colony, it fhall be my great endeavoior To fuch (tho great I fear will be the diftance) to tread in my Royal Mafters fteps. a Condu<5l my Duty to my Sovereign will always bind me; And if a ftronger Obligation than that could be laid upon me It muft and would arife from my Gratitude to you; for furely I can fay it to your Credit and my own comfort that a more Refpedtful and obliging behaviour, than that which you have hitherto expreffed to me I could not have wifhed or hoped for. Let us thus go on in Reciprocal Affection Let us fear God; honour the King: and love one another; for a more agreeable Profpedl I can never pretend to propofe to you than that of a People United among themfelves; depending on the Providence of God; and fure of the Care and favour of their Prince. M' Speaker aKo acquainted the houfe that he had obtained a Copy of the Scheme mention 'd in the Governors fpeech which he laid before the Houfe. Order'd, That the fame do lie upon the Table for the penifal of the Members. Refolved, That an Humble Addrefs be prefented to the Governor to return him the Thanks of this Houfe for his Affedtionate Speech. Refolv'd, That a Committee be appointed to draw up an Addrefs accordingly and it is referred to the Committee for Propofitions and Grievances. Order'd, That all the ftanding Committees of the laft Seffion be revived and they are to meet and Adjourn from day to day and to have power to fend for perfons papers and Records. Refolv'd, That this Houfe will take the Governors fpeech into confideration to morof thofe
;

UNDER

row.

That M'' Richard Hickman be appointed Clerk to the Committee for Propofitions and Grievances in the room of M'' Godfrey Pole Deceafed and that all the other Clerks and Officers of the Houfe be continued in their feveral Offices. Order'd, That the Chaplain of this Houfe to [do] attend to read prayers every Morning at nine of the Clock and that M'' Attorney and M"' Boiling do acquaint the Governor and
Refolv'd,

Council with this Order.

Then the Houfe adjom'd

'till

to

morrow Morning Ten a

Clock.

Fry day,

May

22, 1730.

MR.
follows

Attorney General Reported from the Committee appointed to draw up an Addrefs to be prefented to the Governor that the Committee had prepar'd an Addrefs accordingly which he read in his place and afterwards deliver'd it in at the Table, where the lame was read and agreed to by the Houfe as

To

the

Honorable

WILLIAM GOOCH

Efq' His Majefties Lievtenant Governor and

Commander S'R

in chief of Virginia.

His Majefties moft dutiful and Loyal Subjects, the Burgeffes of Virginia now met in a General Affembly, Humbly return you our fincere thanks for your Affedlionate Speech: And as his Majefties imwearied Endeavours, and the great Abilities of his Minifters have at length fucceeded in the Conclufion of a Peace with Spain, and all
things are

now

tending to a general Pacification;

We

are Affur'd,

We

fhall in a great

degree fhare with the reft of the Brittifh Subjedls, the Advantages of fo

So we cannot be

infenfible of the neceffity of confidering in fuch

happy an Event; a Conjundlure the


miferable

(6o)
J

reduc'd to, and of doing all that is in our power miferable Circumftances our Staple is Regulation as may remove from it thofe mifchiefs, which to put our Trade under fuch a The pleafure you to us and thofe we reprefent. are now become a burthen intolerable his Majefties great Goodnefs has placed you, take in ferving the People, over whom knowledge and judgment in the Affairs without any Sinifter or private views and your us to Entertain a good Opinion of every difpofe and Interefts of this Colony, will ever

and propofe to us. weighing and Examining all things in your Adminiftration Your Example muft Engage us to purfue the fame methods in Difinterefsednefs, with Calmnefs and And as we cannot doubt but the fame purpofes and all our Counfels and Confultations; thofe good Effefts which always refult Difpofitions on both fides will in the end produce endeavour to approve our from Unanimity and Concord, So we fhall upon all occafions that regard which in every of And Sovereign, our of felves worthy the care and favour Virginia People of the part of your Condudt you exprefs for us and all whole Houfe. Refolved, That the faid Addrefs be prefented to the Governor by the humbly faid Addrefs do know the the prepared who Committee the Order'd, That Houfe. this by attended be Governors pleafure when he will The Houfe being acquainted that feveral of the Members of this Houfe fince the feveral Coimties and do now laft Seffion have accepted Commiffions to be Sherififs for
thing you fhall concert
in

hold that Olhce

That a Committee be appointed to Infpedt the Journals of the Hoiife of Burgeffes and fearch for Precedents as to this matter and Report how they find the fame to the Houfe and it is Referred to
Order'd,

M' Meriwether

W Conway
Uir

M"^
M.'

Randolph

Attorny Gen'l

Kemp
Buckner

Mj Lee

M^ Surges
M"'

W Braxton

M' Attorney General Reported to the Houfe that the Governor having been waited upon (purfuant to the Order of this day humbly to know when he would pleafe to be attended by this Hovife He had been pleas'd to appoint to morrow between Eleven and Twelve in the Council Chamber The Order of the Day being read for confidering the Governors fpeech The Houfe Refolv'd it felf into a Committee of the whole Houfe to confider the faid fpeech, And after fome time fpent therein M"" Speaker Returned the Chair And M'' Conway Reported from the Committee that they had had under their Confideration feveral parts of the Governors fpeech, and were come to feveral Refolutions thereupon which the Committee had dire<5led him to Report to the Houfe And he read the Report in his place and afterwards delivered it in at the Table where the fame was read and agreed unto by the Houfe as
follows.

That a Bill be prepar'd for amending the Staple of Tobacco That the Scheme mention'd in the Governors Speech and laid before the Hoxxfe be referr'd to a Committee to whom it fhall be referr'd to prepare and bring in the
Refolved, Refolved,
faid Bill.

That a Bill be prepar'd for Re-ena<5ling]fuch parts of the Adl Intituled an how long Judgments, Bonds, Obligations and Accounts fhall be in force for the Affignment of Bonds and Obligations direding what proof fhall be fufficient in fuch cafes and afcertaining the damage upon protefted Bills of Exchange lately repealed by Proclamation, to which there was no objedlion in England. Refolv'd, That a Bill be prepar'd to make it Felony without benefit of Clergy to bum or break open and Rob any ftore houfe Warehoufe or Tobacco houfe and for making all Acceffories to fuch Offences liable to the fame pains and penalties as the
Refolv'd,

Ad

declaring

principle might be, Altho fuch principal be not Convidted or Attainted.

Order'd,

(6i)
That a Committee be appointed to prepare and bring amending the Staple of Tobacco, and it is referr'd to
Order'd,
M''

in the faid Bill for

Attorney General
M'' Robt. M.^

M""

Meriwether

Boiling

Mr
M"" M""

Kemp
Efcridge

Blair

Braxton And they are to meet and perfons papers and Records.
Ordered,
faid

My Buckner M^ Lee. Adjom from day to day and

to

have power to fend

for

That the Scheme

laid before this

Houfe by the Governor be

referr'd to the

Committee.
Order'd,

do prepare and bring in Bills upon the Houfe that he was acquainted M"' Conway alfo the other Refolutions aforefaid. diredled by the Committee to move that they may have leave to fit again. Refolv'd, That this Houfe will upon Tuefday morning next, refolve it felf into a Committee of the whole Houfe to confider further of the Governors Speech. Then the Houfe Adjom 'd 'till Eleven a Clock to morrow morning. That the Committee
for Courts of Juftice

Saturday,

May

23, 1730.

Speaker Reported that the Houfe had attended the Governor with their Addrefs to which he was pleafed to give this Anfwer. "M"' Speaker and Gentlemen of the Houfe of Burgeffes, "I heartily thank you for this obliging Addrefs: I cannot receive a "greater pleafure than to find my Adminiftration agreeable to you: And your good "Opinion of my endeavours to ferve you will always incite my care and Diligence in the "purfuit of the true Intereft of thofe you Reprefent; I doubt not your future delibera-

MR.

"tions will be fuitable to fo

promifmg a beginning
us than

of

"be no other contention


"the Colony.
M"'

among

who

fhall

your Seffion. And that there will moft promote the Publick benefit of

that the Committee

Attorney General reported from the Committee of Propofitions and Grievances had had under their confideration feveral propofitions from the

Counties of York Henrico Hanover Lancafter and Northumberland and had agreed upon a Report which he read in his place and afterwards deliver 'd the fame in at the Table

where

it

was again
faid

read.

the

Report being read a fecond time Order'd, That Leave be gi\'en to bring in a Bill for repealing the Ad for improving Staple of Tobacco and that the Committee of Propofitions and Grievances do prepare

The

and bring

in the faid Bill.

That it be an Inftrudlion to the faid Committee to bring in a Claufe or Claufes to be added to the faid Bill for the better preventing the making of Seconds. Order 'd. That the Propofition from the County of Henrico for Improving the Tobacco Trade be Referr'd to the Committee appointed to prepare and bring in a Bill for amendOrder'd,

ing the Staple of Tobacco.

That the feveral Propofitions from Hanover Lancafter and Northmnberland for a further Stint of the number of Tobacco Plants be rejedled. Order'd, That Leave be given to bring in a Bill for the Encouraging the making of
Refolv'd,

Linen Cloath

That Leave be given to bring in a Bill for deftroying Crows and Squirrels in the Countys of Northumberland Lancafter Prince George James City and Glofter and Middle fex and that the Committee of Propofitions and Grievances do prepare and bring
Order'd,
in the faid Bills.

Then the Houfe adjom 'd

till

Monday Morning Ele\en a

Clock.

Monday,

(63)

Monday,

May

25, 1730-

MR

PubUck Money before the Houfe. Treafurer laid his Accounts of the for Privileges and Eleftions M' Efcridge reported from the Committee of the Houfe having had Order ftanding to a that the Committee purfuant Writs for Eledling of new feveral under their Confideration the returns of

Affembly, had agreed upon a Report which he Burgeffes to fer\'e in this prefent General the fame in at the Table, where it was again read in his place and afterwards deliver'd
read as follows.

That upon the Adls

of

Affembly

of the laft Seffion of

Affembly for Eredmg two new

were Iffued to the Sheriffs of the faid Counties called Caroline and Goochland, Writs ferve in this prefent General Affembly to Burgeffes Counties refpeAiAcly to Eledl two
for each of the faid Counties.

return 'd Burgeffes to That thereupon John Martin and Richard Buckner Gent are County of Caroline. fer\-e in this General Affembly for the Gentlemen are retum'd Burgeffes to ferve in Diggs That John Fleming and Dudly Goochland. this General Affembly for the County of of William and Mary hath been Tranfferred College the Seffion laft the fmce That and purfuant to the Charter of the faid Mafters, and Prefident by the Truftees to the
College. College a Writ Iffued for Electing one Burgefs for the faid

George Nicholas Gentleman is retum'd a Burgefs to ferve in this prefent General Affembly for the College of William and Mary All which Returns are according to Law

And thereupon

And

the faid Report

was approv'd by the Houfe.

M^ Attorney General according to order prefented to the Houfe a Bill for killing Squirrels and Crows in the Cmmties therein mention'd and the fame was read the firft time and Order'd to be read a Second time. Then the Houfe adjom'd 'till to morrow Morning Eleven a Clock.

Tuefday,

May

26, 1730.
Bill for

MR.
M""

of Tobacco and for the better execution of the Laws now in force againft tending Seconds and for the further prevention thereof and the fame was read the firft time and order'd

Harrifon according to Order prefented to the Houfe a the Ad for the better and more effedual improving the Staple

Repealing

to be read a Second time.

the Houfe of Burgeffes and to fearch Precedents as to the Office of Sherifs the matter as
in his place
it

Meriwether Reported from the Committee appointed to infpedl the Journals of Members of this Houfe accepting

and afterwards delivered

appear'd to the Committee and he read the Report it in at the Table where it was again read as follows

That the Committee do find

in the Journals of

a Seffion of Affembly held at James

City the 23 of April 1696 one Refolve

made

in thefe
is

words to

wit.

duly Eledled a Burgefs to ferve in this "Affembly for Warwick County in the room of M'' William Rofcow now Sherif of the "faid County" And one Order in thefe words. "Order'd that M'' Randolph M'' Diggs Storey and M' Chamberlayn at fome convenient time wait upon his Excellency and "pray his Excellency to Iffue out a new Writ for the Eledlion of a Burgefs in Stafford "County in the room of M'' Martin Scarlet who fince the Election made of him in the "Room of Captain Thomas Owfley now Sherif of the faid County of Stafford is Deceaf'd" And that the Committee do not find any other Precedent touching the matter to them

"Refolv'd that Captain Richard Whitaker

"W

Referred.

The

faid

Order'd,

Report being read a Second time That leave be given to bring in a


as a

Bill to difable

any

Sherif or

perfon to

fit

Member

of this

Houfe who

fhall

accept any Office of profit

any other by the

appointment

(63)
appointment of the Governor of this Colony after his Eleftion to ferve as a Burgefs in the General Affembly and exempting all the Members of the Houfe of Burgeffes from being made Sherifs and that the Committee of Propofitions and Grievances do prepare and
bring in the faid Bill. A Petition of the

German Inhabitants

of the

German Town

in the

County

of Stafford

Setting forth that they have for feveral Years maintain'd a Minifter of their

own Nation

and yet have lately been taxed for the paying the Salary of the Parfon of the Parifh in which the faid Town lies, And praying to be Exempted from that Tax during the life Hcsger their faid Minifter, being refer'd from the Governor and Council was read. of Ordered, That leave be given to bring in a Bill according to the Prayer of the faid Petition and that M"" Fitzhugh and M'' Thornton do prepare and bring in the faid Bill.

A
lofs

Petition of William Harrifon fetting forth that he hath lately fviftain'd a great
of a

Tobacco houfe wherein was a great quantity of Tobacco and other by feveral Negroes whom he had punifhed as a Juftice of the with great numbers of other Negroes againft the Laws of the Affembling for Peace, Colony, and praying relief being refer'd from the Governor and Council was read. Order'd, That the faid Petition be refer'd to the confideration of the Committee for Publick Claimes and that they do Examine the matter thereof and Report the fame

by the burning

things which were burnt

with their Opinion thereupon to the Houfe. The Houfe being inform 'd that the perfons concem'd in the burning the faid Houfe were difcover'd and brought to Juftice by the means of Peter a Negro belonging to
Nicholas Hatch.

That the faid Committee do examine into that matter. And Report their Opinion thereupon to the Houfe, in what manner it may be fit for this Houfe to reward the faid Negro. A Bill for killing Squirrels and Crows in the Counties therein mentioned was read the Second time, and feveral Amendments were made to the Bill at the Table. Order'd, That the Bill with the Amendments be Ingroffed. The Order of the day being read. The Houfe Refolv'd it felf into a Committee of the whole Houfe to confider further of the Governors fpeech and after fome time fpent therein M'' Speaker refum'd the Chair and M"" Conway Reported from the Committee that they had gone thro the Governors fpeech and agreed upon a Report which he read in his Place and afterwards deliver'd the fame in at the Table where it was again read. The faid report being read a Second Time Order'd, That Leave be given for bringing in a Bill for the further punifhing Vice and Immorality And that the Committee of propofitions and Grievances do prepare and bring in the faid Bill. Order'd, That the providing proper methods for Erecfting and maintaining Schools in order to the training up of Youths to Reading and to a neceffary knowledge of the Principles of Religion and to encourage the Converfion of Negros and Indians to the
Order' d,

Chriftian Religion

And

the

making a Law

in relation to

Bankrupts be Refer'd to the Confideration

of

the next Seffion of Affembly. Refolv'd Nemine Contradicente That the

Sum

of

One thoufand Pounds be paid

to

John Randolph
thither

Efq"' for
;

defraying his Expenfes in Great Briitain and his late Voyage

and returning And as a Recompence for his faithful and Induftrious Application him Whereby was obtain'd the Repeal of a Claufe of an A<$1 of Parliament made in the Ninth Reign of the late King George the firft, prohibiting the Importation of Tobacco ftript from the Stalk or Stem into Great Brittain. Order'd, That the faid Sum of One Thoufand Povmds be paid to him out of the Pubthere in the fer\nce of this Colony according to the truft repofed in
;

lick

hands of the Treafurer. Order'd, That the Committee of Propofitions and Grievances do carry the faid Refolve and Order to the Governor and Council and defire their Concurrence thereto.
in the

Money

Order'd,

(64)
him know how fenfible the Houfe M' Speaker from the Chair do let him the thanks of this Houfe. Merit and in behalf of the People return is of his perfonal Which M' Speaker did accordingly. r . ^ . m r. . be prepared to be prefented to His Majefty to Refolv'd That an humble Addrefs Arrival of His Royal Highnef s Fr.dmc Prince Congratulate His Majefty upon the fafe Succefs of his Endeavours for the good of his People in the of Wales- And upon the Spain; To acknowledge the Extenfive Influence of happy Conclufion of a Peace with Gracious favour to all his Subjedls And the peculiar his Majefties continual Care and in Enjoying every thing We can defire from his of the People of this Colony
Order'd That

Felicity

Majefties Aufpicious
of the People of this

Negotiatmg the Affairs That M' Randolphs Narrative of his proceedings m to the Order of this Houfe in the laft Seffion of of this Colony in England purfuant Affembly be printed. t^ j t ^ A Petition of Henry Gary praying to be Enabled to fell certain Entailed Lands the fame ufes was prefented to upon his fetling Fee fimple Lands of greater Value to
,
.

Government And to return to Colony for the fame


;

his

Majefty the unfeigned thanks

Ordered,

and read. That the faid Petition be refer'd to the confideration the fame as it that they do Examine the matter thereof and Report
the Houfe
Order'd,

of a
fhall

Committee and appear to them

to the Houfe.

And
M''

it is

refer'd to
M"'

Flemming

Robert Armiftead

Eaton from the Committee of Propofitions & Grievances that the Committee had had under their confideration feveral propofitions from feveral Counties and had agreed upon a Report which he read in his place and afterwards deliver'd it in at the Table, where the fame was again read. Order'd, That the faid Report be taken into confideration to morrow. Then the Houfe adjom'd till to morrow Morning Eleven a Clock.
M--

W Diggs W Randolph W John Boiling M^ I^aw Smith W Harrifon reported

^' Hollier M^ Eggleftone and

\
;

fFednefday,

May Mg

27, 1730.

Meffage from the Governor was deliver'd by M' Robertfon. Speaker and Gentlemen of the Houfe of Bnrgeffes "In the Month of December 1728 the Southern Frontier of this Colony "being greatly Alarm 'd by the Appearance of a body of Indians and the Mur"der of one of the Inhabitants for which the Sapponie Indians then gone out a hunting "were fufpedled. It was thought proper to Detach a party of the Militia in fearch of the "faid Indians, and to fcour the Frontiers of fuch parties either of Tributary or Forrein "Nations as might be lurking there with intent to do further mifchief. Accordingly "one Captain Henry Embry with Thirty Seven Men of the Militia of Surry County (whole "names are contained in a Lift herewith fent) were Detached on that Service, and were "out five days; Whereby they are become Entitled to the pay allow 'd by Law in the "like Cafes: I therefore recommend their Ser\Mce and Claim to the confideration of your "Houfe Not doubting you will make them fuch allowance as may Encourage others "chearfully to ad\-enture themfelves when the Public fafety fhall require.

WRITTEN
M'

May

the 27, 1730

William Gooch.
of the faid

Order'd,

That the Claim

Committee

of

Henry Embry and his Troop be Refer'd to the Public Claims and that they do examine the fame and Report their
Order'd,

Opinion thereupon to the Houfe.

(6s)
end of the Chamber of the Houfe of Burgeffes and thofe in the General Court be altered and made into Safh Windows uniform to the reft And that the Councils Concurrence be difired to this Order by the Committee of Propofitions and Grievances. A Petition of John Grimes Efq"' fetting forth that two of his Negros run away and were taken up in Maryland and afterwards deliver 'd to Jacob Rice and Chriftopher Chaffln employ'd by him to bring them home; that they murder'd thofe two perfons and return 'd to Maryland where they were again committed that the Widows and Children of thofe imfortimate men are left in a very diftreffed Condition, and that the Petitioner has been at great Expence in bringing the faid Negros to Juftice, And praying the Confideration of the Houfe thereupon was prefented to the Houfe and read. Order'd, That the faid Petition be Refer'd to the Confideration of the Committee of Publick Claims And that they do Examine the matter thereof and Report the fame
Order'd,
in the
;

That the fmall Windows

with their Opinion to the Houfe.

Flemming Reported from the Committee to whom it was Refer'd to Examine Henry Gary that the Committee had Examined the allegations of the petition accordingly and agreed upon a Report which he read in his place and afterwards delivered it in at the Table And the fame being again read Order'd, That leave be given to bring in a Bill to Enable Henry Gary to fell certain Entailed Lands in the County of Warwick and for fetling Three hundred and Six Acres of Land with the Appurtenances in the Coimty of Henrico and the Moiety of Three thoiofand Nine hundred Forty and two Acres of Land with the Appurtenances in the Coimty of Goochland, of greater Value to the fame ufes, and that M' Blair Flemming Randolph M"" John Boiling M"' Diggs Law Smith M' Robert Armiftead M' Hallier M'' Eggleftone and M'' Eaton do prepare and bring in the faid Bill The Houfe according to Order proceeded to take into confideration the Report made Yefterday from the Committee of Propofitions and Grievances.
M"'

the Allegations of the Petition of

And

the faid Report being twice read

within the Limits of the


large be rejedled.

That leave be given to bring in a Bill to prevent Swine nming at large Town of Hampton. Refolv'd, That the Propofition from the Covmty of Effex to prevent Hogs nming at
Order'd,

That leave be given to bring in a Bill for eftablifhing Quarterly Courts And Committee for Courts of Juftice do prepare and bring in the fame. Refolv'd, That the Propofition from the County of Garoline that Levies and Debts may be paid by Hemp or any other vendible Commodity be rejedled Refolv'd, That the Propofition from Northampton County for adding to it part of the Coimty of Accomack be reje(5led. Refolv'd, That the Propofition from the faid County for fumifhing the Inhabitants of the faid county with Arms at the publick charge be rejedled. Refolv'd, That the propofition from the County of Accomack that Witneffes Summon 'd before a fingle Juftice of the peace and to attend Jurys on Land fhould have an allowance for their attendance and trouble be rejedled. A Bill to prevent Swine runing at large within the Limits of the Town of Hampton was prefented to the Houfe and read the firft time and Order'd to be read a Second time. A Bill for Repealing the Ad for the better and more effedual Improving the Staple of Tobacco and for the better Execution of the Laws now in force againft tending Seconds and for the further prevention thereof was read the Second time and Order'd to be Engroffed. Order'd, That M' William Harwood have leave to be abfent for three days Order'd, That M'' Buckner be added to the Committee for Courts of Juftice Then the Houfe Adjom'd 'till to Morrow Morning Eleven a Clock
Order'd,

that the

(66)

Thurfday,

May

the

28 th, 1730.

from feveral Counties and agreed upon a Report which he read in his place and afterwards delivered it in at the Table where the fame was again read. And the faid Report being read a Second time Refolv'd, That the Propofition from the County of Stafford to alter the days of holding Courts in that County and the Coimty of Caroline be rejedled Refolv'd, That the propofition from Henrico County for a bridge to be built over Chickahominy Swamp at a place called Pickanocky Meadow between that County and
the County of Hanover be rejedled. Refolv'd, That the propofition from the faid

MR.

Harrifon Reported from the Committee of propofitions and Grievances that the Committee had had under their Confideration feveral propofitions

Covmty

for Eredting a

Chappel on the

deep run of Tiickahoe Creek be rejedled Refolv'd, That the propofition from Caroline County for a Ferry to be appointed over Rappahannock River from Roys Rolling houfe to Gibfons Rolling houfe be rejedled. Refolv'd, That the Propofitions from the Counties of Stafford King George and Spotfilvania for Repealing or Amending the Ad for encouraging Adventurers in Iron
works be rejedled.

That the Propofition from Stafford Cotmty in relation to the Adl paft in the laft Seffion of this Affembly for encouraging Adventurers in Iron works is a fcandalous and Seditious Libel Containing falfe and fcandalous Refledlions upon the Legiflature and the Juftice of the General Court and other Courts of this Colony. Refolv'd, That John Mercer the Author and Writer of that paper and Peter Hedgman one of the Subfcribers who prefented the fame to the Court of Stafford County to be certified to the General Affembly are guilty of a high Mifdemeanour. Order'd, That the faid John Mercer and Peter Hedgman be fent for in Cuftody of the Serjeant at Armes attending this Houfe to anfwer their faid Offence at the Bar of this
Refolv'd,

Houfe.
Order'd, That Leave be given to bring in a Bill to prevent loffes to Executors and Adminiftrators by the fale of Negros. Goods and Chattels taken in Execution for amending the Law in Relation to Executors and Adminiftrators for maintaining Adlions

Account againft Executors and Adminiftrators; &c by one Jointenant and Tenant common againft another Joyntenant and Tenant in common their Executors and Adminiftrators; For Impowering Fathers to difpofe of the Cuftody and Tuition of their Children and for the" better managing and Securing Orphans Eftales And that the Committee for Courts of Juftice do prepare and bring in the faid Bill. M' Harrifon according to Order prefented to the Houfe a Bill for encouraging the making of Linen Cloth and the fame was read' the firft time and Order'd to be read a Second time.
of
in

Ingroffed Bill far Repealing the for the better and more effedual Improving the Staple of Tobacco and for the better Execution of the Laws now in force againft tending Seconds and for the further prevention thereof was read the third time Refolv'd, That the Bill do pafs.

An

Ad

\
'

Ingroffed Bill for the Killing Squirrels and Crows in the Counties tion'd was read the third time
Refolved That the Bill do pafs
to the Council
Order'd,

An

therein

Men-

That the Committee of propofitions and Grievances do carry the faid Bills and defire their Concurrence thereto. A Bill to prevent Swine runing at large within the Limits of the Town of Hampton was read the fecond time and ordered to be Ingroff'd. Order'd, That M^ Robert Armiftead and M-" Robinfon have leave to be abfent 'till

Monday

next.

(67)
Reimburfed Eight hundred povinds him in the publick Levy for taking up one Levyed upon of Tobacco which has been Thomas Brnff who in the Year 1724 was convidted of Felony and burnt in the hand and after being detained fome time for the prifon Fees was difcharged from prifon and was four times taken up as the Petitioners Servant but was never dehver'd to him) was prefented to the Houfe and Read Order'd, That the faid Petition be Refer'd to the Confideration of the Committee of publick Claimes and that they do Examine the matter thereof and Report the fame with their Opinion thereupon to the Houfe Then the Houfe Adjom'd till to morrow Morning Eleven a Clock.
Petition of William Walker (praying to be
;

Friday,

May

the

29th, 1730.

Harrifon according to Order prefented to the Houfe a Bill for enforcing the A<51 Intituled an Ad for the Effedual Supprefflon of Vice and Reftraint and punifhment and Blafphemous Wicked and Diffolute perfons, and for preventing Inceftuous Marriages and Copulations, and the fame was read the firft time and order'd to be read a fecond time Order'd, That leave be given to bring in a BiU to exempt the Inhabitants of any Cotmty wherein any Iron works, are or fhall be Eredled from Clearing or Repairing

MR.

Roads leading to and from the fame For making Satisfadlion to the Owners of any Lands lying Contiguous to fuch Roads for the Timber which fhall be taken for making or Repairing Bridges in fuch Roads and for Exempting all perfons employ 'd in Iron Works from Mvifters, And that M' Kemp M'' Strother 'W Thornton 'W Conway and M'' Harrifon do prepare and bring in the faid Bill. A Petition of Sundry perfons whofe names are thereunto Subfcribed Inhabitants of Charls City Coimty praying that a Ferry for the convenience of the Petitioners may be appointed over Jatnes River from M"'" Anderfons landing to Jordans point was prefented to the Houfe and read. Ordered, That the faid Petition be Referred to the Confideration of the Committee of Propofitions and Grievances and that they do Examine the matter thereof and Report the fame with their Opinion thereupon to the Houfe. A Petition of John Douglas praying that leave may be given to bring in a Bill to confirm the Sale of certain Entailed Lands in the Covmty of King William called Douglas Ferry upon his Setling other Lands of greater Value in the Covmty of Brunfwick to the fame Ufes was prefented to the Houfe and read. Order'd, That the faid Petition be Refer'd to the Confideration of a Committee and that they do Examine the matter thereof and Report the fame as it fhall appear to them to the Houfe
the
;

And
M"'

it is

refer'd to

Braxton M' Whitehead


M"'

M^ Ravenfcroft M"' Carr and


M''

Robert Boiling

Buckner

A Meffage from the Coimcil by M'' Robertfon That they have agreed to the Refolve of this Houfe for the paying the Sum of One Thoufand pounds to John Randolph Efquire out of the Publick Attorney in the hands
of the Treafurer.

of this Seffion of of

That the Wages of the Burgeffes attending this Seffion and all the Charges Affembly be'paid and difcharg'd out of the Public Money in the hands the Treafurer after the rate of Ten Shillings for every hundred pounds Weight of
Refolved,
Order'd,

Tobacco.
folve to the Coimcil

That the Committee of Propofitions and Grievances do carry the and defire their Concurrence thereto
"Attorney"
is,

faid

Re-

Order'd, So
in the copy.

however, evidently an error for "Money."

(68)
Order' J.

That M' Randolph and M' Rofcow have leave to be abfent


Encouraging
the

'till

Tuefday

Bill for

making

of

Linen Cloth was read the Second time and

committed to the Committee


of

of Propofitions

and Grievances.
at large within the

An Ingrofs'd Bill to Hampton was read the

prevent Swine runing


third time.

Limits of the

Town

Refolv'd, That the Bill do pafs. Order'd, That the Committee of Propfitions

and Grievances do carry the

Bill to the

and Grievances do Infpedl the Journals draw up a Staple- of the matters then was made therein and Report the that progrefs the depending and undetermin'd and
fame to the Houfe. Order'd, That the faid Committee do Infpedl what Laws are Expired or near Expiring and Report their Opinion to the Houfe which of them are fit to be revived or
continued.

Council and defire their Concurrence thereto. Order'd, That the Committee of Propofitions of the laft Seffion of Affembly and prepare and

Then the Houfe Adjom'd

till

to

morrow Morning Eleven a

Clock.

Saturday,

May

the

30, 1730.

MR.
And

Harrifon Reported from the Committee to whom the Bill for encouraging the making of Linen Cloth was committed feveral Amendments made to the Bill which he read in his place and afterwards delivered the Bill with the

twice read were agreed unto by the Houfe. l\ That the Bill with the Amendments be Ingrofs'd. Order'd, That M' Harrifon ha\'e leave to be abfent from the Service of this Houfe all next week And that M'' Bnrgefs have leave to be abfent from the Service of the Houfe four days. Then the Houfe Adjomed till Monday Morning Eleven a Clock I
the
Order'd,

Amendments in at the Amendments being

Table.

Monday, June

the 1st,

1730.

A
A
fimple

MESSAGE from the Coimcil that they have agreed to the Bill Intituled An Ad for Repealing the Ad for the better and more effedual Improving the Staple
Tobacco and for the better Execution of the Laws now in force againft tending Seconds and for the further prevention thereof without any Amendment Petition of George Turbervile praying that leave may be given to bring in a Bill
of

to Veft certain Entail'd

Lands in the County of Weftmorland in the Petitioner in Fee and for fetling other Lands in the County of Stafford of greater Value to the fame ufes was prefented to the Houfe and read Order'd, That the faid Petition be Refer'd to the Confideration of a Committee and that they do examine the matter thereof and Report the fame as it fhall appear to them
to the Houfe.

And

it is

Refer'd to

M' Tayloe M' Thornton U' Strother

of

Kemp according to Order prefented to the Inhabitants any County, Wherein any Iron Works are or fhall be Ereded from Clearing or Repairing the Roads leading to and from the fame; For making Satisfadion to the Owners of any Lands lying Contiguous to fuch Roads, for the Timber which making
fhall be taken for

M' Fitzhugh M' Grimes M' Nicholas Smith the Houfe A Bill to Exempt

or

"Staple" should be "State.

(69)
or Repairing Bridges in fuch

Roads and for Exempting all perfons employed in Iron works from Mufters, and the fame was rec'd & read the firft time. Order'd, that the faid Bill be read a Second time on Thurfday next.

making of Linen Cloth was read the third time. That the Bill do pafs. Order'd, That the Committee of Propofitions and Grievances do carry the Bill to the Council and defire their Concurrence thereto Then the Houfe Adjom'd till to Morrow Morning Eleven a Clock.
Ingrofs'd Bill for encouraging the
Refolv'd,

An

Tuefday, June the

2,

1730.

of Benjamin Difhorrow Keeper of the Public Goal in Williamfburgh praying that his Allowance for maintaining his Prifoners may be made equal to What the Sherifs of the Several Counties are allow 'd And that his Salary may be paid half yearly was prefented to the Houfe and read. Order'd, That the faid Petition be Refer'd to the confideration of the Committee for public Claims And that they do Examine the matter thereof and Report the fame with their Opinion thereupon to the Houfe.

A
M"'

PETITION

Order'd,

That

M''

Syme have

leave to be abfent from the Service of the Houfe

till

Monday

next.

Attorney General Reported from the Committee of propofitions and Grievances that they had had imder their Confideration the Petition of Sundry of the Inhabitants

Coimty and others for a Ferry to be appointed from the Oyfter Shell Landing at Mrs. Anderfons to Jordans point, and were come To a Refolution thereupon which he read in his place and afterwards deliver'd the fame in at the Table. Where it was again read and agreed unto by the Houfe as follows.
of Charles City

Refolved,

Petition of

That the faid Petition be Rejedled. Simdry Inhabitants of the County

thereunto Subfcribed

Complaining of
and

Numbers
of the

of Convidls

of Weftmorland whofe names are great Mifchiefs from the Importation of great of great hardfhips and Oppreffions they fuifer with the reft

Inhabitants of the Northern Neck under the rigorous Execution of certain powers in the Grant of that Territory And Praying the Confideration of the Houfe therein And
Ordered,

may be taken for their Relief, was prefented to the Houfe and read That the faid Petition be Refer'd to the Confideration of the Committee of propofitions and Grievances and that they do Examine the matter thereof and Report the fame as it fhall appear to them to the Houfe. M' Tayloe Reported that the Perfons appointed had according to Order Examined the Allegations of the Petition of George Turbevile And had agreed upon a Report which he read in his place and afterwards delivered it in at the Table. And the faid Report being read. Order'd, That leave be given to bring in a Bill for Vefting Four hundred and twenty Acres of Land with the Appurtenances in the County of Weftmorland being Entailed in George Turbervile Gentleman in Fee fimple and for fetling One Thoufand Acres of Land with the Appurtenances in the County of Stafford of greater Value to the fame Ufes, And that M"' Taylor [fie] M"" Fitzhugh M"' Thornton M' Grimes M' Strother and M' Nicholas Smith do prepare and bring in the faid Bill. A Bill for enforcing the Adl Intituled an Ad for the Effediial Supprefflon of Vice and Reftraint and punifhment of Blafphemous Wicked and Diffolute perfons and for preventing Inceftuous Marriages and Copidations was read the fecond time, and Committed to the Committee who prepared the fame. Then the Houfe Adjomed till to morrow Morning Eleven a Clock
that fome Meafures

(7o)

fFednefday, June the

t,,

i7 30'

MR.

Attorney General according to Order prefented to the Houfe a Bill for Amending the Staple of Tobacco. And the fame was received and read the
firft

time
Order'd,

That the faid Bill be read a Second time on Tuefday next M' Attorney General Reported from the Committee of propofitions and Grievances feveral Petitions from the Inthat the Committee had had under their Confideration out at Warwick on the South fide laid be to Towns for habitants of Goochland County the North fide And had agreed on River faid of Jawes River, and near the falls of the upon a Report which he read in his place And afterwards delivered the fame in at the
Table where
it

was again read

Report being read a Second time Refolved, That it is not neceffary at this time to lay out a Town at Warwick in the County of Henrico. And that the petition of the Inhabitants of the Coimty of Goochland for that purpofe be rejedled. Order'd, That the propofition from the County of Goochland for laying out a Town on the North fide of James River at or near the Falls between Shackoes and Gtlly's Creek be Referred to the Confideration of the next Seffion of Affembly M' Attorney General alfo Reported that the perfons appointed had according to Order Infpedled the Journal of the laft Seffion of Affembly, and drawn up a State of the

The

faid

matters then depending and undetermin'd and of the progrefs that was made therein which he was ready to Report to the Houfe and he delivered the Report in at the Table

where

it

was

read.

Order'd,
M''

That the

faid

Report do

lie

upon the Table.

order infpedled the


at

had according to Temporary Laws & had agreed upon a Report which he deliver'd in the Table where the fame was read Order'd, That the faid Report do lie upon the Table. Order'd, That M' Robt. Boiling have leave to be abfent from the Service of the Houfe
Attorney General alfo Reported that the perfons appointed

till

Monday

next.
till

Then the Houfe Adjom'd

to

Morrow Morning Eleven a Clock.

Thurfday, June the 4, 1730.


Order'd

THAT Monday
M"'

M' Crawford have leave to be abfent from the Service of the Houfe
next.

'til

Attorney General according to Order prefented to the Houfe a Bill

to

any Sherif or other perfon to fit as a Member of th^ Houfe of Burgeffes who fhall accept any office of profit by the appointment of the Governor of this Colony after his Eledion And Exempting the Members of the Houfe of Burgeffes from being made Sherif And the fame was read the firft time and Order'd to be read a fecond time A Petition of fundry Inhabitants of the Coimty of James City between Powhatan Swamp and Skiffs Creek praying that leave may be given to bring in a Bill to make it
difable

found

Lawfull for the Petitioners within that compafs of ground to kill any hog that fhall be in their own Inclofures was prefented to the Houfe and read Refolv'd, That the faid Petition be rejeded

A Bill to exempt the Inhabitants of any County wherein any Iron Works are or fhall be Ereded from Clearing or Repairing the Roads leading to and from the fatne For making Satisfadion to the Owners of any Lands lying Contiguous to fuch Roads for the Timber which fhall be taken for making or Repairing Bridges in fuch Roads and for exempting all
perfons emploid in Iron

Works from Mufters was according to Order read a fecond time

And

(70
And
after a

Debate the Queftion was put


be Committed
Refolved in the Affirmative
to M'' Tayloe M""
M"'

That the

Bill

W Attorney, W Blair W Efcridge and

And

it

was Committed

Conway

M"'

Lee

M''

Robinfon M' Henry Willis

Thornton

M' Attorney General Reported from the Committee of Propofitions and Grievances that the Committee had had under their Confideration part of a propofition from Richmond County and part of a Petition from Wefintorland County in Relation to Convidls and had agreed upon a Report which he read in his place and afterwards deliver'd it in at the Table where it was again Read. The faid Report being read a fecond time Order'd, That Leave be given to bring in a Bill for the better Government of Convidls Imported into this Colony and that the Committee of propofitions and Grievances do prepare and bring in the faid Bill. M"^ Attorney General Reported from the Committee to whom the Bill for Enforcing the Adl Intituled An Ad for the effedual Suppreffion of Vice and Reftraint and punifhment on Blafphemous Wicked and Diffolute Perfons, and for preventing Inceftuous Marriages and Copulations was Committed feveral Amendments made by the Committee to the
the
in his place. And afterwards delivered the Bill with Table where the Amendments were again read Order'd, That the faid Amendments be taken into confideration to Morrow by the Houfe Then the Houfe Adjom'd till to Morrow Morning Eleven a Clock.
Bill.

And he

read the

Amendments

Amendments

in at the

Friday, June the 5th, 1730.

T
1

HE

Houfe met, And Adjom'd

till

to

morrow morning Eleven a

Clock.

f^HE Houfe

met,

Saturday, June the 6, 1730. And Adjom'd till Monday morning Eleven a

Clock.

Monday, June

the 8,

1730.

Inadvertency in figning of giving Offence a Paper as a Grievance from the Covmty to this Houfe expreffmg his forrow for the fame and praying that he may undergo the Cenfure of the Houfe was alfo prefented to the Houfe and read Order'd, That the faid John Mercer and Peter Hedgman be brought to the Barr of
Petition of Peter
his

PETITION

John Mercer fetting forth his forrow for having Incurred the difpleafure of this Houfe and praying that he may be admitted to undergo the Cenfure of the Houfe for his Offence, was prefented to the Houfe and Read
of

Hedgman acknowledging

of Stafford without

any defign

the Houfe

and Reprimanded by M"' Speaker. They were brought to the Bar and Reprimanded accordingly Order'd, That they be dif charged out of Cuftody paying their Fees M' Attorney General according to Order prefented to the Houfe a Bill
Houfes and places
for taking

to

prevent the

malicious burning Tobacco Houfes and other

away Clergy

from certain Offenders, and for punifhing Acceffories to Felonies and Receivers of Stolen Goods. And the fame was read the firft time and Ordered to be read a fecond time.

The

(72)
The Houfe proceeded to take into
their Confideration the

Amendments made

to the

for the effedual Suppreffwn of Vice and ReBiU for Enforcing the A6t Intituled An Wicked and Diffolnte perfons and for preventing ftraint and piinifhment of Blafphemous Inceftttoits Marriages and Copulations.

Ad

And

the

Amendments were
Bill

feverally read

After a Debate the Queftion

That the

was put be Recommitted


Refolved in the Affirmative

Order'd, That the Bill be Recommitted to the Committee to whom it was Committed. A Bill to difable any Sherif or other perfon to fit as a Member of the Houfe of Burgeffes

who

by the appointment of the Governor of this Colony after being made Sherif his Eledion and exempting the Members of the Houfe of Burgeffes from time was read the fecond Order'd, That the Bill be Committed to the Committee who prepar'd the fame M' Tayloe Reported from the Committee to whom the Bill to Exempt the Inhabifhall accept

any

Office of profit

tants of

any County wherein any Iron Works are or fhall be Ereded from, clearing or Repairing the Roads leading to and from the fame, For making Satisfadion to the Owners of any Lands lying Contiguous to fuch Roads for making or repairing Bridges in fuch Roads And for exempting all perfons imploy'd in Iron Works frmn Mufters was Committed
feveral

Amendments made

to the

Bill.

afterwards deliver'd the Bill with the

And he read the Amendments in his place and Amendments in at the Table, where the Amend-

ments were again read. Order'd, That the Bill with the Amendments do lie upon the Table. Then the Houfe Adjom'd 'till to morrow Morning Eleven a Clock.

Tuefday, June the 9, 1730.

PETITION
in

of

Sundry Freeholders

of the

County
if

of

Hanover whofe Names are

thereunto Subfcribed Setting forth that


that County will

the Bill now depending in this Houfe

Relation to the Tobacco Trade fhould pafs into a


lie

Law The

Inhabitants of

under great Inconveniences if a Warehoufe fhould not be eftablifhed at Crutchfields, the upper Landing upon Pamunky River and praying the Confideration of the Houfe thereupon, was prefented to the Houfe and read Order'd, That the faid Petition do lie upon the Table A Petition of William Todd Complaining of great Damages he has Suftain'd by an Aft of Affembly paffed at the laft Seffion of Affembly for Erefting a Town upon the Petitioners Land on the North fide of Rappahanock called Falmouth and praying

was prefented to the Houfe and read That the faid Petition be Refer'd to the Confideration of a Committee And that they do Examine the matter thereof and Report the fame as it fhall appear to them to the Houfe
Relief therein
Order'd,

And

it is

referred to

M' Ue M' Robinfon M' Meriwether M' Braxton M' Robert Boiling M' Tayloe and M-" Conway. M' Harrifon Reported from the Committee of propofitions and Grievances that the Committee had had under their Confideration feveral propofitions and Grievances and had agreed upon a Report which he read in his place and afterwards deliver'd the fame in at the Table where it was again read. The faid Report being read a Second time Order'd, That leave be given to bring in a Bill for Eredling a new County on the
heads of the Counties of Stafford and King George and that the Committee of Propofitions and Grievances do prepare and bring in the faid Bill.
Order'd,

;
I

(73)
That it be an Inftrucftion to the faid Committee to make the Divifion from the mouth of Chopawanfwick Creek on Potowmack River to the head of the North Branch Thence by a South Weft Courfe to the head of Deep rim and down of the faid Creek. Rappahanock River that Run to Order'd, That it be alfo an Inftrudlion to the faid Committee to bring in a Claufe to be added to the Bill for paying a proportionable part of the Tobacco now due to the Counties of Stafford and King George for Wolves heads to the Inhabitants of the New
Order'd,

County

That leave be given to bring in a BiU for making a new Parifh upon the head of Overwharion parifh in the County of Stafford And that the Committee of Propofitions and Grievances do prepare and bring in the faid BiU. Order'd, That it be an Inftrudtion to the s'd Com'tee to make the divifion from y* mouth of Chapawanfick Creek on Potowmack River to the head of the North Branch of the s'd Creek & thence by a S. Weft Courfe to the parifh of Hanover. Order'd, That it alfo be an InftrucT;ion to the faid Committee to bring in a Claufe to be added to the Bill for obliging the Inhabitants of the Parifh of Overwharton to contribute towards the purchafing a Glebe for the faid New Parifh Ten thoufand pounds Weight of Tobacco with Cafk and Conveniency Order'd, That leave be given to bring in a Bill for dividing the Parifh of St. George in the County of Spotfilvania and that the Committee of propofitions and Grievances
Order'd,

do prepare and bring in the faid Bill. Order'd, That it be an Inftrudion to the faid Committee to make the Divifion from the mouth of the Rappidanne to the mouth of the Wildernefs Run Thence up the faid Run to the Bridge and thence South Weft to Patmmky River. Order'd, That it be alfo an Inftrudion to the faid Committee to bring in a Claufe to be added to the Bill to oblige the Inhabitants of the Parifh of Saint George to pay a proportionable part of what has been Levied on them, for purchafing a Glebe and building
a Glebe houfe.
Refolv'd,

That the Propofition from Spotfilvania Coimty

for Dividing that

County

be rejedled
Refolv'd,

That the propofition from the

faid

County

for Eredling a

New County on
of

the South fide of Potowmack River and the

Weftem

fide of the great

Ridge

Moimtains

and for Encouraging People to Settle there be rejedled. M"" Harrifon reported from the Committee to whom the Bill to difable any Sherif or other Perfon to fit as a Metnber of the Houfe of Burgeffes who fhall accept any Office of profit by the Appointment of the Governor of this Colony after his Eledion and Exempting the Members of the Houfe of Burgeffes from being made Sherif s, That the Committee had

made an Amendment
the
Bill.

to the Title of the Bill,

and

feveral

Amendments

to the

body

of

And he

read the

Amendments

in his place

and afterwards

deliver'd the Bill

with the Amendments in at the Table, where the Amendments were again twice read and agreed unto by the Houfe Order'd, That the Bill with the Amendments be Ingroffed. A Meffage from the Governor was deliver'd by M"' Robertfon
M''

Speaker,

The Governor Commands the immediate attendance of this Houfe in the Council Chamber, and that you bring with you fuch Bills as are ready for his Affent. M'' Speaker with the Houfe went up to attend the Governor accordingly, and being
return 'd
M"^

Speaker reported.

Bill

Intituled

an

AA

for Repealing the

That the Governor had been pleas'd to give his Affent to the Ad for the better and more effedual improving the

Staple of Tobacco and for the better Execution of the Seconds and for the further prevention thereof

Laws now

in force againft tending

(74)

Bill for

amending

the Staple of

Tobacco was read the Second time


Bill

And

after a

Debate the Queftion was put That the


Order'd,

be Committed.
Refolv'd in the Affirmative

That the Bill be Committed to a Committee of the whole Houfe. Refolve itfelf into a Committee of the Refolve'd, That the Houfe wUl immediately whole Houfe to confider of the faid Bill. The Houfe accordingly Refolved it Self into a Committee of the Whole Houfe the Committee M' Speaker left the Chair. And M-- Attorney General took the Chair of And Chair the Refumed and after fome time fpent therein, M-- Speaker made fome M' Attorney General Reported from the Committee that they had time to go thro' Progrefs in the Bills for Amending the Staple of Tobacco, but not having
the fame they

had directed him to move for leave to fit again Committee Refolv'd, That this Houfe will again Refolve it felf into a Houfe, upon the faid Bill to morrow morning. Then the Houfe Adjom'd till to morrow Morning Eleven a Clock.

of the

whole

ff^ednefday,
Order'd

June

the

o,

173 o.

THAT

the Petition of the Freeholders of the County of Hanover for Eftablifhing a Warehoufe at Crutchfield upon Pamunky River be Refer'd to the Committee of the whole Hotife to whom the Bill for Amending the Staple of Tobacco is

Committed.

The Order

of the

Day

being Read.

The Houfe Refolved

it felf

into a

Committee

of the whole Houfe Upon the Bill for Amending the Staple of Tobacco And after fome time fpent therein M'' Speaker Refumed the Chair And M' Attorney Reported from the Committee that they had made further progrefs in the Bill but had not gone thro the fame And that the Committee had diredled him

to

move

for leave to

fit

again

That the Houfe will again Refolve it felf into a Committee of the whole Houfe to morrow Morning upon the faid Bill. Then the Houfe Adjom'd till to morrow Morning Eleven a Clock
Refolv'd,

Thurfday, June the 11, 1730.


Samuel Harwood the Elder and John Edloe Church Wardens County of Charles City in behalf of themfelves Veftry the faid Parifh was prefented to the Houfe the Minifter and of and and Read Setting forth that by the Union of feveral Parifhes two parcels of Land Remote from one another and of little value to the Minifter of the faid Parifh are Vefted in him as a Glebe, that the Parifhoners will fhortly be oblig'd to build a New Church in a more convenient Scituation than the old Church ftands in and thereby a fmall parcell of Land Contiguous to the Church yard belonging to the Parifh will be of no ufe And that if the faid feveral parcells of Land were fold the Money arifing might be fufficient to purchafe a good Glebe for the faid Parifh And Praying that leave may be given to bring in a Bill to Enable the Minifter Church Wardens and Veftry of the

PETITION

of

of the Parifh of Weftover in the

faid Parifh to

fell

the faid three parcels of

Land And

to lay out the purchafe

Money

in

other lands for a Glebe for the faid Parifh.


Petition.

to

That leave be given to bring in a Bill according to the Prayer of the faid that M'' Samuel Harwood and M' Stith do prepare and bring in the fame M' Blair according to Order prefented to the Houfe a Bill to Enable Henry Cary fell certain Intailed Lands in the County of Warwick and for fetling Three hundred and Six
Order'd,

And

(75)
Six Acres of Land with the Appurtenances in the County of Henrico. And the Moiety Three thoufand Nine hundred and Forty two Acres of Land with the Appurtenances in the County of Goochland of greater Value to the fame Ufes And the fame was read the firft time and Order'd to be read a Second time.
of Burgeffes
to di fable any Sherif or other per fon to fit as a Member of the Houfe who fhall accept any Office of profit in this Colony after his Election and Exempting the Members of the Houfe of Burgeffes from being made Sherifs was read the

of

An

Ingroffed Bill

third time.

That the Bill do pafs. That the Committee of Proportions and Grievances do carry the Bill to the Council and defire their Concurrence thereto. M-^ Harrifon Reported from the Committee to whom the Bill for Enforcing the Ad Intituled an Ad for the Effedual Suppreffion of Vice and Reftraint and punifhment of Blafphemous Wicked and Diffolute perfons and for preventing Inceftuous Marriages and Copulations was Recommitted That the Committee had made feveral other Amendments to the Bill which he read in his place and afterwards deliver'd the Bill with the Amendments in at the Table. The faid Amendments being again Twice read were agreed unto by the Houfe with
Refolv'd,

Order'd,

an Amendment

That the Bill with the Amendments agreed tmto be Ingroffed. Harrifon according to Order prefented to the Houfe a Bill for Ereding a County on the Heads of Stafford and King George Counties
Order'd,
M"'

New

Alfo a Bill for making a


County.

New

Parifh on the head

of

Overwharton Parifh

in Stafford

Alfo a Bill for Dividing the Parifh of Saint George in Spotfilvania County And the faid Bills were feverally read the firft time and Order'd to be read a Second
time.
of the day being read The Houfe Refolv'd it felf into a Committee whole Houfe upon the Bill for Amending the Staple of Tobacco And after fome time Spent therein M'' Speaker Refum'd the Chair And M'' Attorney Reported from the Committee that they had made a further Progrefs in the Bill but had not gone thro' the fame, And that the Committee had directed him
of the

The Order

to

move

for leave to

fit

again.

That the Houfe will again Refolve it felf into a Committee of the whole Houfe to morrow morning Order'd, That M"" Lawrence Smith have leave to be abfent from the Service of the Houfe to morrow Then the Houfe Adjom'd till to Morrow Morning Eleven a Clock.
Refolv'd,

Fryday, June the 12, 1730.

A
in

BILL

to

prevent the Malicious burning Tobacco Houfes

and

other

Houfes and
punifhing

places for taking

away Clergy from

certain Offenders,

And

for

Acceffories

to

Felonies and Receivers of Stolen Goods

was read the Second time

Order'd, That the Bill be Ingroffed The Order of the Day being read the Houfe Refolved it felf into a Committee of the whole Houfe upon the Bill for amending the Staple of Tobacco And after fome time

fpent therein

M^ Speaker Refum'd the Chair And M' Attorney Reported from the Committee that they had made a further progrefs the Bill but had not yet gone thro the fame And therefore they had diredted him to
for leave to
fit

move

again.
Refolv'd,

(76)
Committee of the whole Refoh'd, That the Houfe will again Refolve it felf into a houfe upon the faid Bill to morrow morning Then the Houfe Adjom'd till to Morrow Morning Eleven a Clock.

Saturday, June the 13, 1730.


Order'd

day next. A Meffage from the Council was deliver'd, by M' Robertfon That they have made fome Amendments to the Bill Intituled An Ad for the Encouraging the making of Linen Cloath to which they defire the Concurrence of this Houfe. And that they have agreed to the Bill Intituled an Ad to prevent Swine runing at large within the Limits of the Toum of Hampton without any Amendment Order'd, That M' Mead have leave to be abfent from the Service of the Houfe till

THAT

M' Bacon have leave to be abfent from the Service

of the

Houfe

till

Wednef-

Wednefday M' Fitzhugh according to Order prefented to the Houfe a Bill to Exempt certain German Proteftants in the County of Stafford from the Payment of Parifh Lex'ies and the fame was read the firft time and order'd to be read a Second time. An Ingrofs'd Bill for Enforcing the Ad Intituled an Ad for the effectual Suppreffion of Vice and Reftraint and Punifhment of Blasphemous Wicked and Diffolttte perfons and for preventing Inceftuous Marriages and Copulations was read the third time. Rcfolv'd, That the Bill do pafs An Ingroffed Bill to prevent the Malicious burning Tobacco Hoiifes and other Houfes and places for taking away Clergy from certain Offenders and for punifhing Acceffortes to Felonies and Receivers of Stoleti Goods was read the third time Rcfolv'd, That the Bill do pafs. Order'd, That the Committee of proportions and Grievances do carry the faid Bill to the Council and defire their Concurrence thereto The Order of the Day being read The Houfe Refolv'd it felf into a Committee of the whole Houfe u]ion the Bill for Amending the Staple of Tobacco And after fome time fpent therein M"' Speaker Refum'd the Chair And M"^ Attorney Reported from the Committee that they had made fome further Progrefs in the Bill but had not gone thro' the fame And therefore they had diredled him to

move

for lea\-e to

fit

again

Houfe will again Refolve it felf into a Committee of the whole Houfe upon the faid Bill on Monday Morning Ordered, That M' Hollier have leave to be abfent from the Service of the Houfe till
Refolv'd,

That

this

Thurfday next A Bill to Enable Henry Carey to fell certain Intailed Lands in the County of Warwick and for fetling Three hundred and Six Acres of Land with the Appurtenances in the County of Henrico And the Moiety of Three Thoufand Nine hundred and forty two Acres of Land with the Apurtenances in the County of Goochland of greater Value to the fame Ufes was read the Second time
Order'd, that the Bill be Ingroffed

New parifh on the head of Over-Wharton parifh in Stafford County was read the fecond time, and Several Blanks were filled up at the Table. Order'd, that the Bill be Ingroffed A Bill for Ereding a New County on the heads of Stafford and King George Counties was read the Second time and feveral Blanks in the Bill were fill'd up at the Table
Bill for

Making

Order'd,

That the

Bill

be Ingroff 'd


(77)

Bill for dividing the

the Second time


Order'd,
till

And
M"^

That

Parifh of Saint George in the County of Spotfilvania was read Order'd to be Ingroff'd Simmonds have leave to be abfent from the Service of the Hovife
till

Thurfday next.

Then the Houfe Adjom'd

Monday Morning Eleven a

Clock.

Monday, June
Order'd

the 15,

1730.

THAT And

the Treafurers accounts be Referred to the Confideration of a Committee


that they do

Examine the

faid

Accounts And Report the Ballance

it

fhall

appear to them to the Houfe.


it is

And

Refer'd to

W Randolph
Several Claimes of Mrs.
to the
Order'd,

M' Robert Boiling


M"'

Surges.

Mary

Stith for taking

up

feveral

Runaways were prefented

Houfe And the fame were Receiv'd That the faid Claimes be Refer'd to the Confideration of the Committee of And that they do Examine the matter thereof And Report the fame Claimes. Publick
with their Opinion thereupon to the Houfe. An Ingrofs'd Bill to Enable Henry Cary to fell certain IntaiVd Lands in the County of Warwick and for Selling Three hundred and Six Acres of Land with the Apptirtenances And the Moiety of Three Thoufand Nine hundred and forty in the County of Henrico. two Acres of Land with the Appurtenances in the County of Goochland of greater Value
to the

fame ufes was read the third time. Refolv'd, That the Bill do pafs An Ingrofs'd Bill for Ereding a New County on

the heads of Stafford

and King George

was read the third time. Refolv'd, That the Bill do pafs. An Ingrofs'd Bill for making a New Parifh on Stafford County was read the third time Refolv'd, That the Bill do pafs
Counties

the

head

of

Overwharton Parifh in

was

Ingrofs'd Bill for Dividing the Parifh of Saint George in the County of Spotfilvania read the third time and two Blanks in the Bill were filled up at the Table
Refolv'd,

An

to

That the Bill do pafs That the Committee of Propofitions and Grievances do carry the the Council and defire their Concurrence thereto
Order'd,

faid Bills

A Bill to exempt certain German Proteftants in the County of Stafford from the Payment of Parifh Levies was Read the Second time And a Blank in the Bill was filled up at the Table Order'd, That the Bill be Ingrofs'd. M"' Tayloe according to Order prefented to the Houfe a Bill for Vefting Four hundred Twenty Acres of Land with the Appurtenances in the County of Weftmorland being Entail'd in George Turbervile Gentleman in Fee fimple. And for confirming a Settlement of One Thoufand Acres of Land with the Appurtenances in the County of Stafford of greater Value to the fame Ufes and the fame was Receiv'd, And read the firft time

&

be read a Second time A Petition of William Bird Efquire was prefented to the Houfe and read Setting forth that he had for fome Years Employed a confiderable number of his Slaves upon
Order'd,

That the

Bill

the beft of his Lands in making

hemp

that he hath had a great deal of difficulty in getting the fame Weigh'd by the Sherif according to the Dire(5lions of the A6t for giving a Bounty upon Tarr and Hetnp

And

And

(78)
all Hemp made in this praying that leave may be given to bring in a BiU to allow County in order to receive the Colony to be Weigh'd by any Juftice of the peace of the

And

Bounty.

That Leave be given to bring in a Bill according to the Prayer of the faid bring in the fame Petition, And that M-- Randolph and M-- Kemp do prepare and put Queftion the and made, A Motion being That it be an Inftrucflion to the Committee of the whole Houfe to whom the Bill Receive a Claufe That all publick for Amending the Staple of Tobacco is Committed to
Order'd,

Tobacco fhall pafs the Infpedlion before It be paid to the Colleftors thereof And for making an Allowance to the perfons chargable with the Payment of fuch Tobacco for paying the fame at the publick Warehoufes Yeas 23 M' Speaker Yea Noes 23
1
1

And

fo

it

Order'd,

was Refolv'd in the Affirmative That it be an Inftrudion to the Committee

of the whole

Houfe to receive

the faid Claufe

Debate the Queftion was put, That it be an Inftrudlion to the faid Committee to Receive a Claufe to Oblige the Owners of Tobacco to put it on board the Ships for a Reward to be allowed by the Mafters

And

after a

of Ships.

Yeas 30 Noes 20

And

fo

it

Order'd,

was Refolv'd in the Affirmative That it be an Inftrudlion to the Committee


arofe

of the

whole Houfe to Receive

the faid Claufe.

and the Queftion was put That it be an Inftrudlion to the faid Committee to Receive a Claufe Tobacco liable to an Infpedlion before before it fhall be Transferred Yeas 9 Noes 39

Then a Debate

for

making

all

And

fo

it

paffed in the Negative

The Houfe according to Order Refolv'd it felf into a Committee of the whole Houfe upon the Bill for Amending the Staple of Tobacco, And after fome time fpent therein M'' Speaker Refumed the Chair And M"' Attorney Reported from the Committee that they had made a further Progrefs in the Bill and Dire(5ted him to move for leave to fit again Refolv'd, That the Houfe will again Refolve it felf into a Committee of the whole Houfe upon the faid Bill to morrow morning Then the Houfe Adjom'd till to Morrow Morning Eleven a Clock.

Tuefday, June the 16, 1730.

MR.
The

Braxton Reported from the Committee to

whom

the Petition of John

Dowglafs was Refer'd That the Com'tee had Examined the Matter of the faid Petition and agreed upon a Report which he read in his place and afterwards
delivered the fame in at the Table.

Report being again read That Leave be given to bring in a Bill to confirm the Sale of certain Intailed Lands in the County of King William made by John Douglafs to John Frayfer in Fee Ample and for fetling other Lands in the County of Brunfwick and two Negro Slaves of greater Value to the fame Ufes. And that the Committee to whom the faid Petition was Referred do prepare and bring in the faid Bill
faid Order'd,

(79)
Claim of Thomas Oliver for taking up two Run away Negros belonging to the Eftate of M'' William Gordon late of the County of Middlefex Deceafed was prefented to
the Houfe

&

the fame was Received.

Order'd,

That the

faid

that they do

Examine the matter

Claim be Refer'd to the Committee of Publick Claims And thereof and Report the fame with their Opinion there-

upon to the Houfe.


M'' Robert Boiling Reported from the Committee to whom the Treafurers Accounts were Refer'd that they had Examined the feveral Articles of the faid Accounts and found the fame to agree with the Vouchers and that the Ballance due to the Publick in his hands Amoimts to Seven Thoufand Seven hundred Forty and Six pounds Six pence haHpeny. And the faid Accoimts were pafs'd by the Hoiife Order'd, That the Committee who Examined the faid Accounts do carry the fame to the Cotincil in Order to be paffed by them An Ingrofs'd Bill to Exempt certain German Proteftants in the County of Stafford from from the Payment of Parifh Levies was read the third time. Refolv'd, That the Bill do pafs. Order'd, That M"' Kemp M"' Fitzhugh and M"" Thornton do carry the BUI to the Council and defire their Concurrence thereto. The Order of the Day being Read the Houfe Refolv'd it felf into a Committee of the whole Hoiife upon the Bill for Amending the Staple of Tobacco and after fome time fpent therein M'' Speaker Refum'd the Chair. And M'' Attorney Reported from the Committee that they had gone thro' the Bill and agreed upon feveral Amendments thereunto which they had Diredled him to Report to the Houfe when they would pleafe to Receive the fame. Order'd, That the faid Report be Received to morrow morning Then the Houfe Adjom'd till to Morrow Morning Eleven a Clock.

Wednefday, June

the 17,

1730.
Bill /o confirm the

MR.

Braxton according to Order prefented to to the Houfe a

Sale of certain Entailed Lands in the County of King William made by John Douglafs to John Frayfer in Fee fimple and for Setling other Lands in the County
of

Brunfwick and two Negros Slaves of greater Value to the fame Ufes and the fame was Received and Read the firft time and Ordered to be read a Second time. The Houfe proceeded to take into their Confideration the Amendments made by the Council to the Bill for Encouraging the making of Linen Cloth. And the faid Amendments were twice Read and agreed xanto by the Houfe. Order'd, That the Committee for Propofitions and Grievances do acquaint the Council that this Houfe hath agreed to the faid Amendments. The Houfe proceeded to take into their confideration the Amendments made to the Bill to exempt the Inhabitants of any County wherein any Iron works are or fhall be Ereded from clearing or Repairing the Roads leading to and from the fame for making Satisfadion to the Owners of any Lands lying Contiguous to fuch Roads for the Timber which fhall be taken for making or Repairing Bridges in fuch Roads and for Exempting all perfons Emploied in Iron Works from Mufters

And

the faid

Order'd,. That the faid

Amendments being read and a Debate arifing thereupon Debate be Adjom'd M' Attorney according to Order Reported

from the Committee of the whole Houfe to whom the Bill for Amending the Staple of Tobacco was committed. That the Committee had made feveral Amendments to the
Bill

the

And he read the Amendments in his Place. And afterwards deliver 'd the Amendments in at the Table. Where the Amendments were again read. A Motion was made for calling over the Houfe

Bill

with

And

(8o)
the Houfe was called over accordingly and only One Member being abfent without leave And the Houfe being Inform 'd that he is fick he was excufed Then the Houfe proceeded to the Confideration of the faid Report of the Committee

And

whole Houfe upon the Bill for Amending the Staple of Tobacco And a Motion was made for Receiving a Claufe to be Inferted in the begining of the Bill that the fame fhould not be in force till the end of three Months after his Majefties Approbation thereof fhall be publifhed And the Queftion being put That the faid Claufe be Receiv'd
of the
It

paffed in the Negative

And

feveral of the

Amendments were read a Second time and with fome Amendof the faid

ments were agreed vmto by the Houfe Order'd, That the further Confideration

Report be Adjom'd
Clock.

till

to

morrow Then the Houfe Adjom'd

till

to

Morrow Morning Eleven a

Thurfday, June the i8, 1730.


Order'd-

THAT
Order'd,
for a

M''

Fitzhugh and

M''

Thornton have leave to be abfent from the Service of


to be abfent from the Service

the Houfe for eight


Order'd,
of the

Days That M"^ Henry Armiftead have leave

Houfe all next Week That M"' Boufh have leave to be abfent from the Service of the Houfe
Robert Boiling have leave to be abfent
till

Week And that M'

next Thursday.

Meffage from the Coimcil by M'' Robertfon That they have made fome Amendments to the Bill Intituled an Ad for Enforcing the Ad. Intitided an Ad for the Effedual Suppreffion of Vice and Reftraint and punifhment of Blafphemous Wicked and Diffolute per fans and for preventing Inceftuoiis Marriages and Copulations Alfo an Amendment to the Bill Intituled An Ad to prevent the Malicious burning Tobacco Houfes and other Houfes and places for taking away Clergy from certain Offenders and for punifhing Acceffortes to Felonies and Receivers of Stolen Goods, To which they
defire the

Concurrence of this Houfe.

The Houfe according to Order Refumed the further Confideration of the Report of the Committee of the whole Houfe upon the Bill for Amending the Staple of Tobacco And the Refidue of the Amendments made by the Committee to the Bill were read and Were with feveral Amendments agreed unto by the Houfe And other Amendments were made by the Houfe to the Bill Then a Motion was made for Receiving a Claufe to be added to the Bill for difabling the Members of this Houfe to accept of any Office appointed by the Bill.

And the Queftion being put That the Claufe be Receiv'd Yeas 25 Noes 30 And
Ordered,
fo
it

paffed in the Negative

That the Bill with the Amendments be Ingroffed Then the Houfe Adjomed 'till to Morrow Morning Eleven a Clock.

Fryday,

(8i)

Fry day, June


Order'd

the 19,

1730.

M'' Tayloe have leave to be abfent from the Service Houfe the next Week. Order'd, That M'' Braxton have leave to be abfent from the Service of the Houfe 'till next Wednefday. A Meffage from the Council by M"" Robertfon That the Council have made fome Amendments to the Bill Intituled an Ad to difable any Sherif or other perfon to fit as a Member of the Houfe of Burgeffes who fhall accept any Office of profit in this Colony after his Eledion and Exempting the Members of the Houfe of Burgeffes from being made Sherif AKo to the Bill Intituled an Ad for making a New Parifh on the Head of Overwharton Parifh in Stafford County
M"^

THAT

Nicholas Smith and

of the

An Ad for Dividing the Parifh of Saint George in the which they defire the Concurrence of this Houfe County of Spotfylvania To And that they have agreed to the Bill Intituled An Ad for Ereding a New County on the heads of Stafford and King George Counties Alfo to the Bill Intituled An Ad to Enable Henry Cary to fell certain Intailed Lands in the County of Warwick And for felling Three hundred and Six Acres of Land with the Appurtenances in the County of Henrico and the Moiety of Three Thou fand Nine hundred and Forty Two Acres of Land with the Appurtenances in the County of Goochland of greater Value to the fame ufes without any Amendment. And that they have agreed to the Refolve of this Houfe for paying the Burgeffes Wages and other Charges of this Affembly out of the public Money in the hands of the
Alfo to the Bill Intituled
Treafiirer.

And

that they have paffed the Treafurers Accounts


Bill to

A Petition of William Ligon was prefented to the Houfe and Read, Praying that leave
may
Confirm the Title of Richard Randolph Gent, in certain Intail'd Lands by him fold and Conveyed to the faid Richard Randolph in Fee Simple and for fettling other Lands of greater Value to the fame ufes Order'd, That the faid Petition be referr'd to the Confideration of a Committee and that they do examine the matter thereof and Report the fame as it fhall appear to them
be given to bring in a
to the

Houfe
it is

And
M''

referred to
M"'

Conway Mj Blair
M''

Meriwether

M""

Syme and

Burges

A Petition of William Bridger was prefented to the Houfe and Read praying that leave may be given to bring in a Bill to Enable him to fell Five hundred Acres of Entailed
Lands in the Covmty of Nanfemond and for laying out the Purchafe money in Slaves Annexed to other Entailed Lands for the benefit of his Family Order'd, That the faid Petition be refer'd to the Confideration of a Committee and that they do examine the matter thereof and Report the fame as it fhall appear to them to the Houfe
to be

And it is Referr'd to M'' Kemp


M' Harrifon
M''

M"'

Godwin M' Lear and

Ravenfcroft

M^ Harrifon Reported from the Committee of Propofitions and Grievances that the Committee had had vmder their Confideration feveral Propofitions from the Counties of Lancafter Northumberland Richmond and Spotfilvania

And


(82)
from the County of Weftniorland to be Relieved from divers And agreed the Northern neck. hardfhips occafioned by the Grant to the Proprietors of the Table where upon a Report which he read in his place and afterwards delivered in at

And

alfo a Petition

was again read That the faid Report be taken into Confideration to Morrow M' Kemp with the leave of the Houfe prefented to the Houfe a Bill for Reftraining Read the firft time And the taking of Exceffive Ufury And the fame was Receiv'd and ordered to be read a Second time A Petition of John Sutton Farrar was prefented to the Houfe and read Seting forth that he did Enfeoff Thomas Randolph Gentlemen Deceaf 'd and his Heirs of ffour hundred thirty two Acres of Entail 'd Land in the County of Henrico in Confideration of Three himdred and twenty Acres of Land in the County of Goochland purchafed by the faid Thomas RandolphaxidConweyed to the Petitioner in Fee fimple, And ten Negro Slaves; and that the Petitioner did agree with the faid Thomas Randolph in his life time to apply to the General Affembly for a Bill to Confirm his Title to the faid Four hundred thirty two Acres of Land and for fetling the other Lands and Negros aforefaid which are of
the fame
Ordered,

Greater Value to the fame Ufes, And praying that leave may be given to bring in a Bill purfuant to the faid Agreement. Order'd, That the faid Petition be Refer'd to the Confideration of a Committee And
that they do

Examine the matter


Refer'd to

thereof

and Report the fame as

it

fhall

appear to them

to the Houfe

And

it is

M"' Ravenfcroft and M' Samuel Harwood M' Lawrence Smith Reported from the Committee of Publick Claimes that the Committee had had under their Confideration All the Public Claimes and other matters to them referred And had agreed upon a Report and he delivered the Report with the

M' Lee M"' John Boiling

M' Harrifon

feveral Vouchers in at the Table

Claim of Edward Doyl and Thomas Hansford for taking up a

Run away Negro

belonging to Nathaniel Buck was prefented to the Houfe, And the fame was Receiv'd and order'd to be confider'd when the Report of the Com 'tee of public Claims fhall be
confider'd

Order

d,

by the Houfe. That M"' Strother have leave to be abfent from the Service
night
of

of the

Houfe

'till

Monday Seven

An Ingroffed Bill for Amending the Staple And after a Debate the Queftion was put
That the
Bill

Tobacco was

Read

the third time

do pafs Yeas 46 Noes 5


Bill

And

fo

it

Order'd,

was Refolv'd in the Affirmative. That the Committee who prepared the faid
That
M"'

do carry the fame to the

Council and defire their Concurrence thereto


Order'd,

Surges have leave to be abfent from the Service of the Houfe for
Stith

three

Days
That M'
have leave to be abfent from the Service
to take into their Confideration the
of the

Order'd,

Houfe

till

Tuefday next

The Houfe proceeded

Amendment made by

the Council to the Bill Intituled

any Sherif or other perfon to fit as A Member of the Houfe of Burgeffes who fhall accept any Office of Profit in this Colony after his Eledion and exempting the Members of the Houfe of Burgeffes from being made Sherif s. And the Amendment was read and agreed unto by the Houfe. Order'd, That the Committee of Propofitions and Grievances do acquaint the Council that this Houfe hath agreed to the Amendment by them made to the faid Bill
to

An Ad

difable

The

(83)
The Houfe proceeded to take into their Confideration the Report of the Committee and Grievances of feveral matters Referred at the laft Seffion of Affembly

of propofitions

to the Confideration of this prefent Seffion of Affembly.

And

the faid Report was

Read

That Colonel Spotfwood do lay before this Houfe upon Tuefday Sevenight an Account of the money placed in his hands by A(5t of Affembly paffed in the Year 1 720 for Eredling the Counties of Spotfilvania and Brunfwick and granting certain Exemptions and benefits to the Inhabitants thereof. Order'd, That the Clerk of this Houfe do forthwith fend notice of the faid Order to Colonel Spotfwood at Germanna The Houfe alfo proceeded to take into their Confideration the Report of the faid Committee in relation to feveral Temporary Laws And the faid Report was read Order'd, That leave be given to bring in a Bill to Revive the Ad for Supply of certain defeds found in an Ad prefcribing the method for appointing Sherifs made in the year
Order'd,

MDCCXX
And that
faid Bill
after a Debate the Queftion was put That the Adt made in the Year MDccxxvi for laying a Duty on Liquors which will Expire the tenth day of Jime in the Year MDccxxxi for part of the Duty be further

the Committee of Propofitions and Grievances do prepare and bring in the

And

Continued

Yeas 20
M''

Speaker Yea

Noes 20]

And fo
in

Order'd,

Bill for

was Refolv'd in the Affirmative That the Committee of Propofitions and Grievances do prepare and bring continuing the Said Aft for part of the faid Duty, with fome Alterations and
it
till

Amendments Then the Houfe Adjom'd

to

morrow Morning Eleven a Clock

Saturday, June the 20, 1730.


Houfe according to Order proceeded to take into their Confideration the Report of the Committee of propofitions and Grievances in Relation to the Northern neck Grant. And the faid Report was read. A Cafe ftated upon the faid Grant by the Committee was alfo read Order'd, That leave be given to bring in a Petition to be prefented to his Majefty in Coimcil to relieve his Subjedls Inhabiting the Northern Neck from the hardfhips they undergo from the faid Grant And that the Committee of propofitions and Grievances do
prepare and bring in the fame.

THE

Conway Reported from the Committee to whom the Petition of William Ligon was Refer 'd that the Committee had enquired into the Allegations of the faid Petition and were of Opinion that the Lands propofed to be fetled in lieu of the Entailed Lands with two Negros Juidith and Pompey will be a fufficient Recompence to the Iff ue in tail Order'd, That Leave he given to bring in a Bill to confirm the Title of Richard Randolph Gentleman in certain Entail'd Lands purchafed by him of William Ligon And for fettling other Lands whereof the faid William Ligon is feiz'd in Fee and two
M"'

Value to the fame Ufes. And that the Committee to whom the faid Petition was Refer'd do prepare and bring in the faid Bill A Member informing the Houfe of a Report fpread abroad of a Paper Enter'd by Richard Fitz William Efq'' in the Council Journal on Thurfday laft containing feveral \mjuft and injurious Refledlions and Calumnies upon this Houfe and their proceedings

Negro Slaves

of greater

highly

(84)
highly Derogatory

To

the honour of the houfe

and

in

open Breach and Violation

of their

undoubted Rights and Privileges Order'd, That a Meffage be fent to the Council to defire them to fend to this Hoiife a Copy of the faid paper as it is Enter'd in their Journal and that M"" Kemp M"' Attorney Randolph M"' Lawrence Smith and M'' Harrifon do go up with the MefM' Meriwether

fage.

The Houfe proceeded


Suppreffion
of

to take into their Confideration the

Amendments made by

the

Council to the Bill Intituled

An Ad.

for Enforcing the

Ad Intittded An Ad for the Effcdual

Vice and Reftraint and pimifhment of Blafpheinous wicked and Diffolute

perfons and for preventing Inceftuans Marriages and Cofndations. And the faid Amendment was read and agreed unto by the Houfe.

The Houfe
Houfes and

alfo took into their Confideration the

Amendment made by
and

the Council

to the Bill Intituled


ories to Felonies

An Ad

to

prevent the Malicious burning Tobacco Houfes


certain Offenders

and

other

places for taking

away Clergy from


of Stolen

for punifhing Accef-

and Receivers

Goods
the Council

And the faid Amendments were read and agreed unto by the Houfe The Houfe alfo took into their Confideration the Amendments made by
to the Bill Intituled in Stafford County.

an

Ad for making a New Parifh

on the head

of

Overwharton Parifh

And

the faid

The Houfe
Spotfilvania

alfo

Amendments were read and agreed unto by the Houfe took into their Confideration the Amendments made by

the Coimcil

to the Bill Intituled

An Ad

for Dividing the parifh of Saint

George in

the

County

of

And

the faid

Amendments were read and agreed unto by the Houfe

That the Committee of Propofitions and Grievances do acquaint the Council Amendments by them feverally made to the faid Bills A Bill for Reftraining the taking of Exceffive Ufury was read the fecond time Order'd, That the Bill be Ingroffed A Bill for Vefting Four hundred and Twenty Acres of Land with the Appurtenances in the County of Weftmorland {being Entailed) in George Turbevile Gentleman in Fee fimple and for Confirming a Settlement of One thoufand Acres of Land with the Appurtenances in the County of Stafford of greater Value to the fame Ufes was read the Second
Order'd,

that this Houfe hath agreed to the

time.
Order'd,

That the

Bill

be Ingrofs'd

Sale of certain Lands in the County of King William made by John Douglafs to John Frazer in Fee fimple and for felling other Lands in the County of Brunfwick and two Negro Slaves of greater Value to the fame ufes was read the Second
Bill to confirm the

time
Order'd,

That the Bill be Ingrofs'd Then the Houfe Adjom'd till Monday Morning Eleven a Clock.

Monday, June

the 22,

1730.
Ufury was Read the third

AN

Ingrofs'd Bill for Reftraining the taking of Exceffive


time.
Refolv'd,

That the Bill do pafs. That M'' Kemp M'' Meriwether M'' Whitehead and M^ Dangerfield do carry the faid Bill to the Cotmcil and defire their Concurrence thereto An Ingrofs'd Bill to Confirm the Sale of certain Entailed Lands in the County of King William made by John Douglas to John Frazer in Fee fimple and for fetling otlier Lands in the County of Brunfwick and Two Negro Slaves of greater Value to the fame ufes was
Order'd,

read the Third time.


Refolv'd,

That the

Bill

do

pafs.

Order'd,

(8s)
That M^ Kemp, Meriwether M' Whitehead and M^ Danger-field do carry the faid Bill to the Council and defire their Concurrence thereto M' Samuel Harwood according to Order prefented to the Houfe a Bill jor vefting certain Lands belonging to The Church of Weftover Parifh in Truftees to be fold and for laying mit the Purchafe Money in other Lands for a Glebe for the faid Church and for Improving the fame, And the Bill was receiv'd and Read the firft time and order 'd to be read a Second time A Motion was made that the Houfe would come to a Refolution and after a Debate the Queftion was put That the Members of this Houfe ought not to receive any Wages for this Seffion for the time they have been or fhall be abfent from the Service of the Houfe on their
Ordered,

own

private Occafions
Refolv'd in the Affirmative
Order'd,

Houfe at the end of this Seffion do render an Account of the Number of Days he fhall have been abfent from the Service of the Houfe on his own private Occafions unto John Holloway Efq"' Treafurer of Virginia And that no Wages be allowed for thofe Days Refolv'd, That the Members who ferv-e as Burgeffes for the City of Williamfburgh James Toum and the College of William and Mary are Intituled to the fame Wages that other Members of the Houfe who ferve for Counties are Intituled to Order'd, That M'' Conway M'' Kemp M"' Meriwether and M"' Efcridge do carry the
of this

That every Member

faid Refolve to the Council for their Concurrence

Then upon

A Motion the Queftion was putThat leave be given to bring in a Bill to oblige the Burgeffes

of this

Colony to ferve

without Wages
It paffed in the Negative.

Then the Queftion was put


Shillings

That leave be given to bring and Six pence ^ Diem

in

Bill to

Reduce the Wages

of the Burgeffes to Six

It

paffed in the Negative

Then the

Hotife

Adjom'd till

to

Morrow Morning Eleven a

Clock.

Tuefday, June the 23, 1730.


from the Council by M^ Robertfon That according to the delire of this Houfe they have fent a Copy of their Journal of Thurfday laft. So far as Relates to the paper Enter'd thereon by Richard Fitz William Efquire. And that they have agreed to the Bill Entituled an Ad to Exempt certain German Proteftants in the County of Stafford from the Payment of Parifh Levies without any

MESSAGE

Amendment.
Order'd,
M''

That the Copy of the faid Journal do lie upon the Table. Attorney General according to Order prefented to the Houfe a Bill for Re-enading

certain parts of

an

Ad

Intituled

an

Ad declaring how

long Judgements

Bonds Obligations

Affignment of Bonds and Obligations direding what proof fhall be fuffident in fuch Cafes and afcertaining the Damage upon protefted Bills of Exchange And the fame was Received and read the firft time Order'd, That the Bill be read a Second time. A Letter from M' Burges a Member of this Houfe Diredled to M' Speaker was Read

and Accounts

fhall be in force for the

to the

Houfe acquainting the Houfe that by Reafon

of his Indifpofition

and other

Accidents he fhall not be able to attend the Service of this Houfe till Monday next Order'd, That M-- Burgefs's abfence from the Service of the Houfe 'till Monday

next be Excufed.

(86)
hntncei Greenhitl a Frmc Orvcrt wa prcftTitcd to the Houfe and read her about twelve years aj/fx; without ScttifiK ffTth that hT Ilufhand Jofeph (Jreenhill left any Suhfiftanco that fhf: hath he<-n fiiH)orl<-fl l.y thf Charity ff Hr:r VunxU, And that

Petition

r,f

rh(-

hath the Fee

firniile ICftate

of

Nine hundred Arri-H

<)\

in tlie

C<Minty of I'rinre CJemf',e called


f rf<ni

Ihuhy

Hill;

And

that

Land with the A];j)urtenanceH if the fame were fold the

And i)rayfueh Sale woulfl afTf;rd hw a Comjiete-nt maintenance my the ("</nfifleratif;n of the Moiiff ujifm the (jremifcM And tfiat the faid Landf; may he veft<:d in TrufteeH to he fold And the j)iir( hafi: Money plaf-rl in their handH for the
Mfrfiiry arifinj;

PetilifxnerH fu|>(>ort

without the IntermedlinK Ol Ih


th(;

lliifh.md or IliH

Creditw*

And

after a

Debate

Qtiefti'm

waw

jMit

That the

faid Petition

he Refer 'd to the Onifiderati'm of a Oimmitte.e. Kefiihnl in the


refcr'd to the O/nfideration of a

Order'd, That the they do ICxamine the matter thereof and Kirjort, the fame as
I'ctitifrfi \)c

Committe(r

A fjirntalive And that


them
to

it fh.ill

apiiear to

the lloufe.

And

it id

refcrr'd to

M' l^e
M' Rdvrnftriijt
M'
Order'd,
l'(

M' llnrrifon M' Sttmuid Ihrnnaod


I'riinci.i

;ind

Willis
l'afch(dl Greenhill notice of

That the

faid

Committee do

j/ive

the faid

tition before they proceed therfrupfm

oj

M' ('imwiiy w(t,ri\\ny, to Order jirefcnted to the lloiife a JJiil //; inn/irm lh<: Title Richard Randol|)li (/cnl in untl to lertnin Intdil'd Lands jmnhdfed by him of Williatn lyiKon (tnd for fi'tling other Lands ami Iwo Negro Slaves oj greater Value in lieu thereof

to the

waK Rer eivM anfl rea<l the (irft time. Ordvr'd, That the liill be read a Second time A Member laid brifin-e the Houfe (V)l(mol Spolfwoods Accounts
fame
IJfeH

And

the fame

iiuifu.inl

l,o

the

Ord(Tr of I'ryday laft

And And
Mi.il

the Title of the Ac( ounts wa'i


IIk-

le.-id

Ordrr'd, Th;it
lliey
(ji,

faid Ac( ountH

b(;

Rj-ferrci Id

l.lie

i;iilidei,'il,i()ii

id

;i

Committee

ICxaminc the matter thereof and Rei)ort the fame with their (>i)inion
Iloiifc!

thereu])on to the

And

it

iw

Refer'd to

M' Harrifon M' Hlair

M' Ire
M' llt'nry Willis and M' Aufni/tin Smith

A Motion
That

beinj;

made
ff;r

would come to a Refolutic^n totirliinj; tli(! Payment of abfent MemberH. A Debate arofe thercMijion
tlie Ilotife

exjdaining the Refolve of Yefterday

And

the i)reviouH Queftion


fjueftirni In-

was

])ut

That that

put
//

pdfjal in the Nfpnlive

A Motion beinj; made That leave be given to bring in a Hill to Enable the Sale of Ooods Diftrained for Rent and to feciire fiuh (lood-; to the ])erff,ri Difti.'iiniii)^ the f,'im<> for the better Security of Rentnand to |irevc-nt l'"rauds (otnnntted by Tenant:;
to bring in a Mill accordingly And that the Committee and bring in the fame A Mill for Veiling urtnin Lands helimging to the Chnnh of Weftovr r I'anfh in Irnfties to he fold and for laying out the I'nnhafe Money in other Lands for a (>lrl>,- for the {aid Church and ),>, i,iif>roi<tng the .SV;m<? was read the Second time An-I v. lal Hlaiiks
lor

(hder'd, That leave be


of Juftic
(

giv

CourtH

do

jirejiarr-

l<

in

the

Mill

were

(iHe.l

iiji

,uid ,in Atnendtrienl. wa;;

ma<le

tf)

the

Mill

;il

lii.-

Table

Order'd,

That the

Mill vviMi tlie

Amendment

be Ingroffed

M'

(87)
M' Harrifon according to Order prefented to the Hoafe a Bill for the better GovernConvids Imported into this Colony and for bringing them to a due and Speedy punifhment for their Crimes, And the fame was Receiv'd and Read the firft time. Order'd, That the Bill be read a Second time. The Houfe proceeded to take into their confideration the Report of the Committee
ntent of

of Public Claimes.

And part
ments.
Order'd,

of the

Report was read and agreed unto by the Houfe with fome Amend-

That the further Confideration of the faid Report be Adjom'd. Then the Houfe Adjom'd 'till to Morrow Morning Eleven a Clock.

Wednefday, June

the 24,

1730.

AN
to the

IngTofs'd Bill for Vefting Four hundred and twenty Acres of Land with the Appurtenances in the County of Weftmorland being Intailed in George Turber\-ile Gentleman in Fee fimple and for Confirming a Settlement of One Thoufand Acres of Land with the Apurtenances in the County of Stafford of greater Value fame Ufes, was Read the third time

Refolved,
Order'd,

That the Bill do pais. That the Committee who prepared the

faid Bill

do carry the fame to the

Coimcil and defire their Concurrence thereto

An Ingrofs'd Bill for Vefting certain Lands belonging to the Church of Weftover Parifh in Truftees to be fold and for laying out the purchafe Money in other Lands for a Glebe for the faid Church and for Improving the fame was read the third time Refolved, That the Bill do pafs.
Order'd,

That the Committee who prepared the

faid Bill

do carry the fame to the

Council and defire their Concurrence thereto

A Bill <o Confirm the Title of Richard Randolph Gentleman in and to certain Entail' Lands purchafed by him of William Ligon and for felling other Lands and two Negro Slaves of greater Value in lieu thereof to the fame ufes was read the Second time And an Amendment was made in the Bill at the Table Order'd, That the Bill with the Amendment be Ingroffed

A
them
to

Bill for the better

Government

of

Convids Imported into

this

Colony and for bringing

a due and Speedy punifhment for their Crimes was read the Second time Order'd, That the Bill be Ingrofs'd

The Houfe Refumed the Adjom'd Confideration of the Report of the Committee Claimes and another part of the faid Report was read and agreed unto with fome Amendments by the Houfe Order'd, That the further Confideration of the faid Report be Adjom'd. A Meffage from the Coimcil by M'' Robinfon That they have agreed to the Bill Intituled an Ad for Retraining the taking of
of public

Exceffive Ufury

And

alfo to the Bill Intituled

an

Ad

to

confirm the Sale of certain Intailed Lands

King William m^de by John Douglafs to John Frazer in Fee fimple and Lands in the County of Brunfwick and two Negro Slaves of greater Value to the fame Ufes without any Amendment. And that they have alfo agreed to the Refolve of this Houfe for paying the Burgeffes who fen^e for the^ City of Williatnfburg James Town and the College of William and
in the County of
for felling other

Mary

A Motion being made to proceed to the Confideration of the Paper Enter 'd upon the
Councils Journal by Richard Fitz Williams Eiq': The Copy of the Councils Journal fent to this Houfe Yefterday fo far as relates to

the faid Paper was read


Order'd,

(88)
That the faid Paper be Refer'd to the Confideration of a Committee and Report what they think may be proper that they do Examine the matter thereof and to be done thereupon to the Houfe
Order'd,

And

it is

Referred to

M' Keynp M' Attorney General M' Meriwether


M""

M' Harrifon M' Randolph M' Efcridge and


Laurence Smith
till

Then the Houfe Adjom'd

to

Morrow Morning Eleven a

Clock.

Thurfday, June the 2^, 1730.

AN
for

Randolph Gentleman in and to him by Lands purchafed of William Ligon and for fetling certain Entail'd other Lands and two Negro Slaves of greater Value in lieu thereof to the fame uses was read the third time Refolv'd, That the Bill do pafs. An Ingrofs'd Bill for the better Government of Convids Imported into this Colony and bringing them To a due and Speedy punifhment for their Offences was read the third
Ingrofs'd Bill to Confirm the Title of Richard
Refolved,

time

That the Bill do pafs. Order'd, That the Committee of propofitions and Grievances do carry the faid Bills to the Council and defire their Concurrence thereto M-^ Attorney General according to Order prefented to the Houfe a Bill to prevent Loffes to Executors and Adminiftrators by the Sale of Negros Goods and Chattells taken in Execution for amending the Law in Relation to Executors and Adminiftrators for maintaining Adions of Account againft Executors and Adminiftrators and by one Join tenant and Tenant in Common againft another Jointenant and Tenant in Common their Executors and Adminiftrators for impowering Fathers to difpofe of the Cuftody and Tuition of their Children and for the better managing and Securing Orphans Eftates Alfo a Bill to Enable the Sale of Goods Diftrain'd for Rent to fecure fuch goods to the perfons Diftraining the fame for the better Security of Rents and to prevent frauds committed by Tenants. And the faid Bills were Received and feverally read the firft time and order'd to be read a Second time. Order'd, That M'' John Boiling have leave to be abfent from the Service of the Hoiafe
till

Monday

next.
of the

The Houfe Refumed the Adjom'd Confideration

Report of the Committee

of

And fome Amendments by


Publick Claimes,
Order'd,
M"'

another part of the faid Report was


the Houfe

Read and agreed unto with

That the further Confideration of the faid Report be Adjom'd Harrifon Reported from the Committee to whom the Accounts of Colonel Spotfwood were Refer'd that the Committee had according to Order Examin'd the faid Accounts and agreed upon a Report which he read in his place and afterwards deliver'd
it

in at the

Table where the fame was again Read. That the faid Report do lie upon the Table. Then the Houfe Adjom'd till to morrow Morning Eleven a Clock.
Ordered,

Friday, June the 26, 1730.

R. Harrifon according to Order prefented to the Houfe a Bill for Continuing part of an Ad for laying a Duty on Liquors with fome Alterations and

Amendments, and the fame was Received and read the Order'd, That the Bill be read a Second time

firft

time

(89)
Executors and Adminiftrators by the Sale of Negros Goods Amending the Law in Relation to Executors and Adminmaintaining Adions of Account again ft Executors and Adminiftrators and by iftrators for one Jointenant and Tenant in Comon again ft another Join-Tenant and Tenant in Common
Bill to prevent loffes to

and

Chattells taken in Execution for

and Adminiftrators for Impowring Fathers to difpofe of the Cuftody and Tuition of their Children and for the better managing and Securing Orphans Eftates was Read the Second time
their Executors

be Ingrofs'd. Goods Diftrained for Rent, to Secure fuch Goods to the Perfons Diftraining the fame; for the better Security of Rents and to prevent Frauds Committed by Tenants, was read the Second time. And after a Debate the Queftion was put That the Bill be Ingroffed
Order'd,
Bill

That the

Bill to enable the Sale of

Refolved in the Affirmative

That the Bill be Ingroffed The Houfe Refumed the Adjom'd Confideration of the Report of the Committee of Publick Claimes And the Refidue of the Report was Read and agreed unto with fome Amendments by the Houfe Order'd, That the feveral Sums hereafter mention 'd be paid to the Officers of the General Affembly refpe(5tively out of the Public Money in the hands of John Holloway
Order'd,
Efq""

Treafurer of Virginia Viz.

To John Randolph Clerk of the Houfe To William Robert fon Clerk of the General Affembly To Richard Hickman Clerk of the Committee of Propofitions and Grievances

f
..

d
..o
..

loo
50

o o
o o

..

o o
o

40
40
20

..

..

To Benjamin Needier Clerk of the Committee of Courts of Juftice To the faid Needier for officiating as Clerk Affiftant upon the Occafion of the
fickness of the Clerk of the

. .

. .

To Miles Gary Clerk of of Public Claims To Phillip Finch Sergeant at Armes attending this Houfe To Francis Fontaine Chaplin to the Houfe To the Door keeper of the Council To Nicholas Wager John Mundel William Francis and William
Johnfon
Order'd,
;^7
..

Houfe the Committee

..

o o o o o
o

..

o o
o o

40
40
20 10

. .

. .

..

..

..

..

..

..

o
o

10

..

each.

30

..

..

That the faid Allowances be added to the Book of Claimes And that the Committee of Public Claimes do carry the faid book to the Council
for their Concurrence

Then the Houfe adjom'd

till

to

Morrow Morning Eleven a Clock

Saturday, June 27, 1730.

AMOTION being made


this

for allowing to M'' Philip

Finch Serjeant at Armes attending

Houfe

for his extraordinary fervice at the laft Seffion.

And another Motion


faid Phillip

being

made

for a further allowance to be

made

to the

Finch for his Service this Seffion The previous Queftion was put That the Queftion be put upon the faid Motions
paffed in the Negative A Petition of the Juftices of the County of Elizabeth City and the Minifter and Church Wardens of the Parifh of Elizabeth City in the faid County was prefented to the Houfe and read Setting forth that Thomas Eaton did formerly give Eight hundred and ten
It

Acres of Land in the faid parifh to Charitable Ufes, for the maintaining a Free School And that for want of a power in the Juftices of for the Education of poor Children. the

(9o)
Church Wardens of the faid Parifh who are the the faid County and the Minifter and faid Lands the Charity is become of fmall Truftees of the s'd Charity to let Leafes of the in a Bill to Enable the Juftices of the Value And praying that leave may be given to bring Wardens of the faid Parifh for the Church and Minifter Peace of the faid County and the twenty Years or three lives for and time being to let Leafes of the faid Lands for One fame the moft Valuable Rents that can be got for the according to the Prayer of the Petition Bill in a bring to given That leave be
Order'd,

Houfe a Bill to Revive the Ad for an Ad prefcribing the Method for appointing Sherifs And the fame was Received and Read the firft time. Order'd, That the Bill be read a Second time An Ingrofs'd Bill to prevent Loffes to Executors and Adminiftrators by the Sale of Negros Goods & Chattells taken in Execution; for amending the Law in Relation to Executors and Adminiftrators; for maintaining Adions of Account againft Executors and Adminiftrafors and by one Join tenant and Tenant in common againft another Join tenant and Tenant in common their Executors and Adminiftrators; for impowering Fathers to difpofe of the Cuftody and Tuition of their Children; and for the better managing and SecurSupply of certain Defeds found in
ing Orphans Eftates
Order'd

Rofcow M' that M' Robt. Armiftead M-- Hollier do prepare and bring in the fame the M"' Harrifon according to Order prefented to

And

Harwood and

M--

Lawrence Smith

was read the third time

Refolved, That the Bill do pafs.

That the Committee

for Courts of Juftice

do carry the

Bill to

the Council and defire

their Concurrence thereto

continuing part of an Ad for laying a Duty on Liquors with tions and Amendments was Read the Second time

Bill for

fome Altera-

And

after a

Debate the Queftion was put


Refolv'd in the Affirmative

That the Bill be Ingrofs'd


Order'd,

That the

Bill

be Ingroffed

an Ad Declaring how long Judgand be in Accounts fhall force for the Affignment of Bonds and ments Bonds Obligations Obligations direding what proof fhall be fufficient in fuch Cafes and afcertaining the Damage upon Protefted Bills of Exchange was read the Second time And after a Debate the Queftion was put That the Bill be Committed

A Bill for Reenading certain parts of an Ad Intituled

It

paffed in the Negative

That the Bill be Ingroffed A Meffage from the Council by M'' Robertfon That they have made an Amendment to the Bill Intituled an Ad for Vefting certain Lands belonging to the Church of Weftover Parifh in Truftees to be fold and for laying out the Purchafe money in other Lands for a Glebe for the faid Church and for improving the fame, to which they defire the Concurrence of this Hotife And that they have agreed to the Bill Intituled an Ad for Vefting ffour hundred and twenty Acres of Land with the Appurtenances in the County of Weftmoreland being Entailed in George Turbervile Gentleman in Fee Simple, and for Confirming a Setlement of One thou fand f Acres of Land with the Appurtenances in the County of Stafford of greater Value to the fame Ufes without any Amendment. M^ Kemp according to Order prefented to the Houfe a Bill to Impower Juftices of Peace to Weigh Hemp in Order to Entitle the maker to Receive the Bounty and the fame was receiv'd and read the firft time Order'd, That the Bill be read a Second time. The Amendment made by the Council to the Bill Intituled an Ad for Vefting certain Lands belonging to the Church of Weft Over Parifh in Truftees to be fold and for laying out
Order'd,
the

(90
the

Purchafe Money in other Lands for a Glebe for fame, was read and agreed unto by the Houfe
Order'd,

the faid

Church and

for

improving the

that this Houfe hath agreed to the

That the Committee who prepared the faid Bill do acquaint the Cotmcil Amendment by them made to the faid Bill. Then the Houfe Adjom'd till Monday Morning Eleven a Clock

Monday, June 29, 1730.

MR.
table
M''
cil's

R. Armiftead according to Order prefented to the Houfe a Bill to Enable Peace of the County of Elizabeth City and the Minifter and Church Wardens of the Parifh of Elizabeth City in the faid County for the time being to take and hold certain Lands given by Thomas Eaton to Charithe Juftices of

Ufes and
Order'd,

Leafes thereof and the fame was receiv'd and read the That the Bill be read a Second time
to let

firft

time

Kemp Reported from the Committee to whom the Paper


Efq"'

Enter'd upon the Coun-

this Inftant was Refer 'd that the Committee had had the fame imder their Confideration and had agreed upon a Report which he Read in his place and afterwards deliver'd the fame in at the Table

Journal by Richard Fitz William

the Eighteenth

Day of

where

it

is

again read.

Order'd,

That the

faid

Report do

lie

upon the Table.


found in an

A
Method

Bill to revive the

Ad
Bill

for fupply of certain defeds

Ad

prefcribing the

for appointing Sherifs

was read the Second time.

Ordered,

That the

be Ingroffed

impou'er Juftices of Peace to Weigh Hemp in order to Entitle the maker to Bounty was read the Second time. Order'd, That the Bill be committed to the Committee who prepared the fame Order'd, That it be an Inftru(5lion to the faid Committee to bring in a Claufe to be added to the faid Bill for paying vinto William Bird Efq"" the Botmty upon all Hemp which hath been made by him purfuant to the Adl made in the Eighth Year of the Reign of the late King George the firft for Encouraging the making of Tarr and Hemp An Ingrofs'd Bill for Continuing part of an Ad for laying a Duty on Liquors with fame Alterations and Amendments was read the third time. Refolved, That the Bill do pafs An Ingrofs'd Bill for Re-enading certain parts of an Ad Intituled An Ad declaring how long Judgments Bonds Obligations and Accounts fhall be in force For the Affignment of Bonds and Obligations direding what proof fhall be fufficient in fuch cafes and afcertaining the Damage upon protefted Bills of Exchange was read the third time and two Amendments were made to the Bill at the Table Refolved, That the Bill do pafs
Bill to

receive the

An
to the

Ingrofs'd Bill

to

Enable

the Sale of

Goods Diftrained

for

perfons Diftraining the fame for the better Security of Committed by Tenants was read the third time Refolv'd, That the Bill do pafs Order'd, That the Committee of Courts of Juftice do carry the faid Bills to the Council and defire their Concurrence thereto. The Houfe Refum'd the Adjom'd Debate upon the Report from the Committee to whom the Bill {to Exempt tlie Inhabitants of any County Wherein any Iron works are or fhall be Ereded from clearing or Repairing the Roads leading to and from the fame; for making Satisfadion to the Owners of any Lands lying Contiguous to fuch Roads for the Timber which fhall be taken for making or Repairing Bridges in fuch Roads; And for exeynpting all perfons emploid in Iron Works from Mufters) was Committed.

Rent to Secure fuch Goods, Rents and to prevent Frauds

And

(92)
Amendments made by the Committee were read, and one of them was w'th amendments to fome of them agreed unto by the difagreed toand the Reft were

And

the

Houfe.

And

other

Amendments were made by

the Hovife to the Title

and

alio to the

body

of the Bill.

That the Bill with the Amendments be Ingrofs'd Then the Houfe Adjom'd 'till to Morrow Morning Eleven a Clock
Order'd,

Tuefday, June 30, 1730.


Ke>np Reported from the Committee to whom the Bill for impowering Juftices of Peace to Weigh Hemp in Order to Entitle the maker to Receive the Bounty was Committed. That the Committee had made feveral Amendments to the Title and body of the Bill And had according to Order prepared a Claufe And he read the to be added to the Bill Which they had diredled him to Report. the Bill with the afterwards deliver'd Amendments and the Claufe in his place, and

MR.

Amendments and Claufe in at the Table. And the Amendments and Claufe were twice read and agreed unto by the Houfe Order'd, That the Bill with the Amendments and Claufe be Engrofs'd
M'' Attorney General Reported from the Committee of propolitions and Grievances that the Committee had according to Order prepar'd A Petition to be prefented to His Majefty in Council for Relieving his Subjedts in the Northern Neck againft feveral Letters

Patents Granted by the late King Charles the Second and James the Second. And he deliver'd the Petition in at the Table Where it was twice read and with fome Amendments agreed tmto by the Houfe as follows.

TO THE KINGS MOST EXCELLENT MAJESTY IN COUNCIL


The Humble Petition
of the

Burgeffes of the Colony of Virginia Moft humbly Sheweth

That King Charles the Second by Letters Patents bearing Date at Saint Germains
en Ley the Eighteenth of September in the firft Year of his Reign for Propagating the Chriftain Faith for the Benefit of the Church and the welfare of his Subjedls by the imdertaking and vigorous Profecution of Plantations of fforeign parts; particularly in America

Granted to the Lord Hopton the Lord Jermin afterwards Earl of Saint Albans Lord Culpepere S'r John Berkly afterwards Lord Berkly of Stratton S'r William Moreton S'r Diidly Wyatt and Thomas Culpepere A Territory in America bounded by and within the heads of Rappahannock and Potomack Rivers, the Courfes of the faid Rivers as commonly
called

and known by the Inhabitants and Defcriptions


Silver

Bay

the Rivers themfelves and the Iflands within their

and Creeks Gold

To

and other Mines referving and Affignes for ever Rendering Yearly to his Majefty Six pounds Thirteen Shillings and four pence Rent And afterwards the faid King Charles the Second by Letters patents Dated the Eighth Day of May One thoufand Six hundred and Sixty Seven Reciting that the Lord Hopton had Convey'd his Intereft to John Trethway Efquire and that the former Letters Patents were Surrendered; in Confideration thereof and the good Services done to the faid King and his Royal Father granted the fame to the faid Earl of Saint Albans Lord Berkly S'r William Moreton and John Trethway Efq'' in like manner with power to Divide the faid Territory into Counties Hundred Parifhes Tithings and Townfhips Hamlets and Burroughs and to Eredl and build Churches Colleges Chappells Free Schools and Alms Houfes and Houfes of Corredlion and endow them of which Churches they fhould be perpetual Patrons and prefent Mafters of Colleges or Schools Founded or Endowed by them or any perfon And that they might Divide the fame into Mannors and hold in every fuch mannor a Court in Nature of a Court Baron before the Steward by them to be
hold to

of thofe parts, and Chefapeak Banks Havens Ports Harbours a Fifth of Gold and a Tenth of Silver

them

their refpeftive Heirs

appointed

(93)
appointed and free Suitors and hold Plea where the Debt or Demand fhould not exceed flforty fhill's Englifh Money and Receive the Fines to fuch Courts belonging and alfo a Court Leet to be holden twice a year before their Steward or his Deputy and a Market in each Mannor and two Fairs Yearly with a Court of Pipowders with Power to give Grant Sell or Alien the premifes and every part or parcell thereof to any Contractor to be held of the Patentees as of any of their Mannors in free and Common Socage by Fealty and Suit of Court or by any Lawfull Tenure Ufed in England; rendering fuch Rent and other Lawftil Refervation as they fhould think fit the Statute Quia Emptores Terrarum or any other notwithftanding And did Covenant to Enlarge and Confirm the faid Grant to Supply Defedls Provided that this Grant fhould not Infringe or make
the Governor and Council of Virginia to any Inhabitant Twenty Ninth of September in the Thirteenth Year of his Reign which are declared to be good and eflfedlual without other Payment than of
in Adlual poffeffion before the

void any other before

made by

the Rent Referved But to Revert or Efcheat to the Patentees With power to difpofe at Will of Efcheat Lands for their beft Benefit And Advantage Provided alfo that for fo

much

thereof as fhould not be poffeffed or Inhabited

by

their

means or Procurement

within One and Twenty Years next after the faid Grant the fame fhould Ceafe and the

King might difpofe thereof That King James the Second by his Letters Patents bearing Date the Seven and Twentyeth day of September in the ffourth Year of his Reign reciting the faid laft mentioned Grant and that therein amongft feveral other things there is contained a Provifo in thefe words "PROVIDED alfo that as to fo Much and fuch part and parts of the "Premifes hereby intended to be granted as within the time and Space of One and "Twenty Years now next coming fhall not be poffeffed inhabited or planted at or by the "means or procurement of the faid Henry Earl of Saint Albans John Lord Berkly S'r "William Moreton and John Trethway their Heirs and Affignes Thefe prefents and the "Grant hereby made fhall ceafe determine and be void." And we our Heirs and Succeffors may difpofe thereof to any other perfon or perfons whatfoever any thing herein
Contain 'd to the contrary notwithftanding And that thefe Patentees had Conveyed their Right to Thomas Lord Culpeper whom he was willing to encourage by Confirming and enlarging that Patent and releafing
the faid Provifo

done by his Father and him felf Grants him that Territory of Land in Virginia Bounded by and within the firft heads or Springs of the Rivers Rappahannock and Potomack the Courfes of the faid Rivers from their
in Confideration of Services

And

Heads or Springs as commonly Call'd, and known by the Inhabitants Defcriptions and Chefapeak Bay &c, as mention 'd in the before Recited Grant with power to fell and difpofe thereof and all and all manner of Deodands Goods of Felons and Fugitives Fines and Forfeitures and Confirms the former Grant Except the faid laft mentioned Provifo which he Releafes with all Arrears of Rent. UPON which feveral Grants the Reprefentatives of Your Majefties moft Dutyful and Loial Subje(fls the People of Virginia humbly beg leave to Reprefent THAT his faid late Majefty King Charles the Second was Induced to grant the faid Territory upon a Suggeftion that the fame was not inhabited by any of His Subjedls wherein he was Deceiv'd for long before the faid Letters Patents Confiderable Quantities of Land were Granted to And poffeffed by the people of Virginia within the bounds of that Grant And the fame from the firft Setlement of this Colony was held by them as part of Virginia. And moreover the late King James the firft and King Charles the firft had Granted by feveral Letters Patents imder the Great Seal of England to the Subjedls of this Colony that they fhould be immediately Dependent on the Crown of England both in refpedl to their perfons and Eftates which were Grounded upon the great hardfhips the firft planters had Endured tmder the Virginia Company. And when feveral perfons did afterwards in the reign of King Charles the firft attempt to procure a Grant of the faid Colony or part thereof The Governor Coimcil and
firft

of thofe parts

Burgeffes

(94)
Burgeffes did pafs an Adl wherein they did declare that they would not fubmit to any fuch Grants And did proteft againft any Alienation of their perfons or Lands which his fign Manual given at his Court at A<51 his Majefty was pleaf 'd by his Letters under

York the Fifth day of July One thovifand Six hundred Forty and two to Ratifie and Confirm Whereof His Majefty King Charles the Second could not be informed when Befides your Petitioners humbly conthe faid Letters Patents were Granted by him. the Limits and bounds of the faid Territory of Uncertainty the that Advifed ceive and are of King Charles the Second Letters Patents feveral as the fame are fet forth in the faid doth Vitiate the Grants in Regard that his Majefty could not be rightly Inform'd of the
heads of thofe two great Rivers (which have fo many different Sources that the fame cannot be Determin'd) nor of the vaft Country which the Patentees by colour of the faid Grants might Claim. AND the Claufe of the faid Letters Patents of King Charles the fecond whereby
granted to be Divided into Mannors and to be held of the Patentees in Free and common Soccage by Fealty and Suit of Court or by any Lawfull Tenure ufed in England Rendering fuch Rent and other Lawfull Refervation as they think fit are not only Repugnant to former Grants of the Crown.
the faid Territory
is

Affembly aforefaid Confirm'd by the late King Charles the firft and contrary to the Terms upon which our Anceftors firft Tranfported themfelves to plant this Colony But the fame and the Difpenfation of the Statute of Quia Emptores Terrarum are conceived to Be void and illegal feeing great Numbers of the People of this Colony who at great Expence are daily making Plantations and Settlements towards the great Mountains are hereby Subjedted to the Will of the Proprietary as to the Tenure and Rents by which they hold their Lands YET the provifo in the faid Letters patents That the Grant for fo much of the faid Territory as fhould not be poffeffed or inhabited by the means or procurement of the Patentees within One and Twenty Years after the Date fhould ceafe and the King might difpofe thereof did in fome meafure Circumfcribe the mifchiefs which might enfue from the Grant BUT the General Affembly of Virginia in the Year One thoufand Six himdred Seventy four being juftly Alarmed by the faid Grant did Remonftrate to His Majefty King Charles the Second the hardfhips which would in Confequence thereof Attend his Subjects here And not only the Lords Arlington and Culpepere then proprietors of the s'd Letters Patents were fo far fatisfyed as to the reafonablenefs of the Complaint that they did agree to relinquifh their right and to take a new Grant for the Quit Rents and Efcheats And to come into a Collateral Agreement with the Colony about the manner of paying the Quit Rents and Compofitions for Efcheats But his faid late Majefty upon a hearing before him in Coimcil was pleafed to order

And

to

the

A($l

of

a Charter to pafs the Great Seal for confirming to the People of Virginia divers rights and priviledges which they apprehended were Violated by the faid Grant. AND purfuant thereimto A Charter paffed imder the Great Seal bearing Date at Weftminfter the Tenth Day October in the Twenty Eighth Year of his Reign Whereby his faid Majefty did declare and Grant. That all his fubjedls from time to time inhabiting Virginia fhould have their immediate dependance upon the Crown of England under fuch Governors as his faid Majefty and his Succeffors fhould from time to time appoint and upon no other perfon or perfons whatfoever. And that All Lands then poffeffed by the Refpedlive Inhabitants of Virginia fhould be Confirmed and
Eftablifhed to
Intereft in

them and their Heirs for ever where the Property of any perticular mans any Land fhould not be alter 'd or prejudiced, And that for the Encouragement of fuch of his Subjedls as from time to time fhould go to dwell there Fifty Acres fhould be Affign'd out of the Lands not then Appropriated to every perfon fo coming to dwell there as had been ufed and allowed fmce the firft Plantation thereof to be held of his Majefty his Heirs and Succeffors as of his Mannor of Eaft Greenwich in the
Coimty

(95)
County of Kent in Free and Common Socage And that all Lands poffeffed by any Subjea Inhabiting Virginia Which Efcheated or fhould Efcheat to His Majefty his Heirs Or Succeffors fhould and might be enjoyed by fuch Inhabitant or poffeffor his Heirs and Affignes for ever paying two pounds of Tobacco Compofition for every Acre And thereby did declare his Royal Will and pleafure to be That the faid Charter and every Clauf'e Article and Sentence therein fhould from time to time as often as any Ambiguity Doubt of Queftion might happen to arife thereupon be Expounded Conftrued Deemed and taken to be by him meant and intended and fhould Enure and take Effedl in the moft beneficial and Available fence for the benefit and Advantage of the Subjecfts of Virginia as well againft his Majefty his Heirs and Succeffors as againft all and ever>' other perfon and perfons whatfoever THE Matter being thus Setled At the humble Suit of the General Affembly and all
Occafions of future uneafinefs
It

among

the People being in great

meafure Removed

late King James the Second fhould in fo few Years afterwards not only Releafe the Provifo in the Letters Patents of King Charles the Second BUT extend the Grant to the head Springs of the two Great Rivers Rappahanock and Potomack and likewife Grant the Goods of Felons and Fugitive Fines and Forfeitures

was matter

of great Surprize to the Subjects of Virginia

That the

within that Territory


the General Mfembly of this Colony in the Year One thoufand Ninety One taking Umbrage at the faid laft mentioned Grant did humbly Reprefent the hardfhip thereof to the late King William the Third And obtained a Reference of their Petition to S'r John Somers then Attorney General who after a hearing in behalf of the Petitioners for want of a true information of the Cafe did make a Report in favour of the Grant which was Confirm'd by his Majefty in Council And afterwards in the Year One thoufand Six himdred Ninety five the faid General Affembly did again Reprefent the Cafe to his faid Majefty but nothing was done thereupon. YOUR Petitioners do further humbly Reprefent imto your Majefty that by the faid Letters Patents of King James the Second ftill greater Incertainty is Introduced as to the Boimds of the faid Territory the head Sjjrings of the two Great Rivers Rappahanock and Potomack not being yet known to any of your Majefties Subjedts And in Confequence of this uncertainty feveral DLfputes have lately arifen between your Majefties Subjedls inhabiting Lands towards the head of the River Rappahanock and the prefent Proprietor of the faid Territory touching the Main Branches of that River and the like Difputes will daily more and more increafe and infinite difficultys muft Occur in the Determination of the fame Whereby the Eftates and Titles of many of your Mafejties Subjects holding Lands imder the Grants of your Majefty and your Royal Predeceffors muft neceffarily be brought frequently into Queftion to the Difquiet and Impoverifhing your Majefties faid Subjects. AND the Grant of Felons Goods Fines and Forfietures doth not only in many Cafes that may deferve Compaffion Subjecft the people of this Territory to the Will and Avarice of the Proprietor But they are likewife as to thefe matters Excluded from your Majefties Mercy and Clemency which Infupportable mifchief muft give occafion to continual Murmurings and Complaints of your people. And we humbly hope that this part of the Grant is illegal as it is DeftrucT;ive of their undoubted Rights and Priviledges NOR can we apprehend that the Releafe of the Provifo Recited in the faid Grant Six himdred

WHEREUPON
&

can be Valid after the Virginia Charter granted by the late King Charles the Second. BUT a greater Calamity than all the reft is the precarious Titles which your Majefties faid Subjedts have in their Lands imder the Grants of the Proprietor For your Petitioners are informed that the prefent Proprietor holds the faid Territory imder a Settlement which difables him to Grant any of the faid Lands in Fee Simple and he himfelf has Difputed the right of his Agent here to grant Lands purfuant to the faid Charters And if thefe Matters fhould be brought into Difpute not only great Numbers
of

(96)
of

your faid Subjedls may be unjiiftly difturbed in their poffeffions But the planting and improving a very Confiderable part of this Colony muft hereafter be totally
Obftrudled

upon the whole matter Wee humbly befeech Your Majefty to take the Premifes into your confideration and to order fuch proceedings to be had againft the faid feveral Grants as may Releive your Subjeds whofe Eftates lie within the faid Territory againft the Exorbitant and Unwarrantable powers contain 'd therein (the Execution whereof muft Introduce the greateft Confufion imaginable among them)

THEREFORE

or to purchafe the Right of the Proprietor as your Majefty in your great Wifdom fhall think meet that your Subjedls may hold their Lands immediately of your Majefty your

Heirs and Succeffors and be reftored to the Grace and Mercy of your Majefty. And that others of your Subjefts who are Inhabitants within fome of the Branches of the River Rippahanock may not be Involved in tedious and Expenfive Controverfie with the
faid Proprietor concerning their Right to their Eftates Ordered,

That

the faid Petition be Ingroffed on

be Addrefs'd to fix the Seal of prefented to His Majefty in Council Ordered, That M' Lee have leave to be abfent from the Service of the Houfe for ten
days.

which they hold under your Majefty. Parchment And that the Governor the Colony thereto And to Tranfmit it to England to be

to revive the Ad for fupply of certain Defeds found in an Ad preMethod for appointing Sheriffs was read the third time Refolved, That the Bill do pafs. An Ingrofs'd Bill to Exempt the Inhabitants of any County Wherein any Iron Works are or fhall he Ereded from clearing or Repairing the Roads leading to and from the fame. For making Satisfadion to the Owners of any Lands lying Contiguous to fuch Roads for the Timber which fhall be taken for making or Repairing Bridges in fuch Roads and for giving further Encouragement to Adventurers in Iron works was read the third time Refolved, That the Bill do pafs Order'd, That the Committee of Propofitions and Grievances do carry the faid Bills to the Council and defire their Concurrence thereto A Bill to enable the Juftices of Peace of the County of Elizabeth City and the Minifter and Church Wardens of the Parifh of Elizabeth City in the faid County for the time being to take and hold certain Lands given by Thomas Eaton to Charitable ufes and to Lett Leafes thereof was read the Second time Order'd, That the Bill be Ingroffed A Motion being made That the Refolve of this Houfe of the Twenty Second of this Inftant that no Member of this Houfe fhall receive his Wages for the time he fhall have been abfent from the Service of the Houfe on his own private Occafions, be fent to the Council for their Con-

An

Ingroffed Bill

fcribing the

currence.

was put That the Queftion be put upon the Said Motion
After a Debate the previous Queftion
Refolved in the affirmative

Then the Queftion was put That the faid Refolve be fent
Order'd,

to the Council for their Concurrence

Refolved in the Affirmative

That M' Tayloe M' Lee M' Hen: Armiftead M'' Grimes M"" Braxton Mj Martin M' Mead M' Randolph M' Fitzhugh M'' Thornton and M'' Strother do carry the faid Refolve to the Council and defire their Concurrence thereto Order'd, That a Bill be brought in to prevent any Member of the Houfe of Burgeffes to receive any Wages for the time he fhall be abfent from the Ser\nce of the Houfe in any future Seffion of Affembly And that M'' Tayloe M"" Braxton M"" Blair and M'' Strother do prepare and bring in the faid Bill Then the Houfe Adjom'd till to morrow Morning Eleven a Clock

ff^ednefday.

(97)

Wednefday, July

i,

1730.
Bill to oblige the

MR.
the

County a proportion of the Wages of the Burgeffes of Effex King and Queen and King William Counties due for the laft Seffion of Affembly and alfo a proportion of And the faid Bill was Received and read the firft time laft Ptiblick Levy. Ordered, That the Bill be read a Second time
the faid

of Caroline

Robin fon mov'd for leave to prefent to the Houfe a Cotmty to Levy on the Tythable perfons of

Court

M' Tayloe mov'd


payment
time
of

for leave to prefent to the

Rewards

for killing

Wolves

And

Houfe a Bill for altering the manner of the faid Bill was Receiv'd and Read the firft

That the Bill be read a Second time The Houfe proceeded to take into their Confideration the Report of the Committee to whom the Paper Enter'd upon the Council Journal by Richard Fitz William Efq"' the Eighteenth Day of June containing Reafons for his Diffent to a Refolve of the Council Concurring with a Refolve of this Houfe for paying the Burgeffes Wages and all the Charges of this Seffion of Affembly in Money was refer'd and part of the faid Report was read & Agreed unto by the Houfe as follows. As to the firft of the faid Reafons "That the faid Refolve is Repugnant to a Law now in force for the Payment of the
Order'd,

Burgeffes."

The Committee have confidered that Law and do not

find

it is

thereby Declared

that the Allowances for Burgeffes attending at the General Affembly Shall be paid no otherwife then in Tobacco. And the Law by which that Publick Money hath been
railed being

made and

declared to be for eafing the People from the

burthen of a Poll

Tax
juft

The Committee are of Opinion that the Applying the Money that way is equal and and is not Repugnant to any Law As to the Second of the faid Reafons "That five thoufand two hundred pounds of the Money in the Treafurers hands is "Appropriated for the Encouragment of thofe that fhall go upon making Naval Stores "which Appropriation muft be Violated by this Refolve there not being money fufficient "to anfwer that & other juft demands & to Comply with this Refolve." This Committee have confider'd the Adl of Affembly made in the Eighth Year of the Reign of the late King George By which it appears the Sum of ffour thoufand pounds was faid to be Appropriated to pay a Reward of ffour Shillings for every Grofs hundred

of

further

Hemp which fhould be made according to the Diredlions of the faid Adt. And the Sum of Twelve hvmdred pounds to fatisfie and pay a Reward of two Shillings

for every Barrel of

Tar made according to the Dire(5lions of the faid Adl and Exported out of this Colony. This Committee have alfo confidered the A(5l of Affembly made in the Ninth year of the Reign of the faid late King By which it is Enadled and declared
that the faid Four thoufand potmds and twelve hvmdred pounds were not Appropriated

for

paying The faid Bounties or any other perticular Ufe. And if any of the faid Bounfhould after making the faid Adl of the Ninth Year of the faid late King become due the fame fhould be paid out of the firft monies which fhould be in the hands of the Treafurer And that the faid Boimties fhould be made good to the perfons Intituled thereto as the fame became due They have alfo Infpedled the Accounts of the Treafurer of thofe Monies from the time of granting thofe Bounties to the prefent time and find only the Simi of Three pounds Sixteen fhillings charged as paid for the Boimty upon Hemp and nothing charged as paid for the Boimty on TanSo that this Committee are of Opinion the Boimties as aforefaid given are Sufficiently Secured to fuch perfons as fhall at any time hereafter be Lawfully Intituled
ties

thereto

As

(98)
As
to the third of the faid Reafons

"That the Money they have voted themfelves in Lieu of Tobacco is in fome Coxinties "twice more than the quantity they are Intituled to would fell for if it may be Computed "at the rate other publick Tobacco (particularly His Majefties Quit Rents) has been "fold Befides by this Refolve fome Members are to be paid who are not by Law Intituled "to any pay and others who by fome private agreement with their Counties have Quitted
"that Claim." This Committee cannot conceive how any perfon can now fay what the Value of Tobacco will be at the time the Burgeffes Wages if they had been to be paid in Tobacco
fhould become payable

And

for as

much

as divers Adls of Affembly both Antient

and

Modem

wherein

Tobacco has been Valued in Money have fetled the fame at ten fhillings for the htindred pounds This Committee are of Opinion that with refpedt to the Colony in General that Value is moft equal and reafonable and agreeable to the Ufage and Cuftom of this Country The Members faid not to be Intitled to any pay by Law are imderf tood by this Committee to be the Reprefentatives of the Corporations in this Colony who fit and Vote in this Houfe and have a fhare in the Legiflative power by Letters patents equally with the
Reprefentatives of Counties

Wherefore this Committee are of Opinion it is very agreeable to Juftice and Equity that the Corporation Members fhould Receive A reward f uitable to their Attendance and Sen^ice in this Houfe. This Committee do not know any private agreement made by any Members of this Houfe with their Counties relating to their Pay. As to the fourth of the faid Reafons "That the faid Richard Fitz William apprehends that fome of the Members before "mention'd and others of mean Circumftances and confequently very defirous of being 'paid at this Rate in Money are liable to be Byaffed in their Voting well knowing that "fuch pay cannot be had without the confent of the Governor and this Board" This Committee are of Opinion the Apprehenfion of the faid Richard Fitz William is Groimdlefs and without colour of Reafon and from fuch an Apprehenfion to infmuate that any Member or Members of this Houfe may be byaffed in their Voting upon the Confideration of being paid their Wages in Money is a moft Scandalous and unjuft refledlion upon the Members of this Houfe and all other Burgeffes who have formerly
'

receiv'd their

Wages

in

Money

And

as to the laft of the faid Reafons


it is

moft unreafonable that a very few people trading to the Weft Indies "fhould be burthen 'd with fo heavy a Duty on their Liquors with a view only to have "the greateft Share of it diftributed among the Burgeffes." This Committee do find that the method of raifmg Money by laying a Duty on Liquors Imported hath been pradlifed in this Colony for many years paft And that It hath been approved by our Sovereign That it eafes the people from the heavy burthen of a poll Tax which muft otherwife be laid upon them And that many publick Buildings have been Eredled and other neceffary works and Expences made and defrayed by the Monies arifmg from fuch Duties And are of Opinion that Duty is not burthenfome to the Importers of fuch Liquors but is paid by the confumers thereof. And for one perfon to Advance an Opinion in fo Indecent a marmer againft the whole Legiflative power of Virginia is Unprecedented and Unwarrantable And for the faid Fitzwilliam to Affirm that Duty was laid with a View only for the Burgeffes to have the greateft Share of the Money Diftributed among themfelves is in the Opinion of this Committee a falfe Scandalous and malicious Reflexion upon the Members of this Houfe.

"That

And

(99)

And it is the further Opinion of this Committee that the faid Paper could be Enter'd the Council Journal by the faid Richard Fitz william with no other defign than to on mifreprefent this Houfe and their proceedings to His Majefty and to bring this Houfe
into Difgrace

and the Difpleafure of his Majefty The Refidue of the Report of the faid Committee

for

making an humble Reprefen-

tation to his Majefty in Coioncil againft the faid Richard Fitz

William Efq'' being Read After a Debate the Queftion was put That that part of the Report of the faid Committee be agreed to by the Houfe Noes 28 1 M'' Speaker Noe Yeas 28 J
1

And

fo

it

paffed in the Negativ-e

M' Attorney General Reported from the Committee of Propofitions and Grievances had had under their Confideration a propofition of Northumberland County relating to the bounds between the faid County and the County of Lancafter And had agreed upon a Report which he read in his place and afterwards delivered it in at the Table where the Report was again Read and is as follows That the Committee do find that thofe bounds were laid off by the Order of this Houfe the Ninth day of July One thoufand Seven hundred Twenty three which were approv'd off the Eighteenth Day of May 1726 by this Houfe That at the laft Seffion of Affembly it was Order 'd that M"' Lee M'' Tayloe and M'' Grymes or any two of them fhould nm the Dividing Line between the Parifh of Wickocomico in the faid County of Northumberland and the Parifhes in the County of Lancafter on which that Parifh joyns as the bounds were Reputed before the year 1723
that the Committee
at the Charge of the Parifh of Wickocomico

And
The

that the Committee are of Opinion that the Confideration of that propofition
'till

Return be made of the bounds of the faid Parifhes Report being read a Second time Refolv'd, That the Confideration of the faid Propofition be Refer'd till the bounds of the faid Parifhes be laid out, and retum'd purfuant to the faid Order. Order'd, That M'' Kemp M'' Thacker and M"" Robinfon or any two of them do lay out the Boimds of the faid Parifhes purfuant to the Order of the Houfe of Burgeffes of the 16 of March in the Year 1727. And that they do make a Report of their proceedings therein to the next Seffion of Affembly. An Ingroffed Bill for impowering Juftices of Peace and Conftables to Weigh Hemp in Order to Entitle the maker to receive the Bounty and for paying to William Bird Efq^ Five pounds four Shillings due to him for the Bounty upon hemp was read the third time Refolv'd, That the Bill do pafs. An Ingroffed Bill to Enable the Juftices of Peace of the County of Elizabeth City and the Minifter and Church Wardens of the Parifh of Elizabeth City in the faid County for the time being to take and hold certain Lands given by Thomas Eaton to charitable Ufes
be Refer'd
faid

& to
faid

let

Leafes thereof was read the third time

That the Bill do pafs. That M'' Kemp M' Hollier M'' Robert Armiftead and M' Rofcow do carry the Bills to the Council and defire their Concurrence thereto Then the Houfe Adjom'd till to morrow Morning Eleven a Clock.
Refolved,
Order'd,

Thurfday, July

2,

1730.

MR.
A

Tayloe according to Order prefented to the Houfe a Bill for the better Regulating the payment of the Burgeffes Wages and the fame was receiv'd and read
the
firft

time

Order'd,

That the

Bill

be read a Second time

Bill to of Caroline County to Levy on the Tythable perfons of the faid County a proportion of the Wages of the Burgeffes of Effex King and Queen and King

oblige the Court

William

(loo)

and alfo a proportion of the laft William Counties due for the laft Seffions of Affembly Public Levy was read the Second time. Order'd, That the Bill be Ingroffed. A Meffage from the Council was deliver'd by M' Robertfon this Houfe for That the Council having under Confideration the Bill fent up from the SubjeA matter amending the Staple of Tobacco defire an immediate Conferrence on
of the faid Bill,

and that if it be agreed to, they will appoint three of their Members to manage the fame And then he withdrew defired by the Council Refolv'd, That this Houfe doth agree to the Conference Tobacco upon the Subjed matter of ;the Bill for Amending the Staple of

The Meffenger was called in again And M' Speaker acquainted him that the Houfe had agreed to the Conferrence defir'd bv the Council. Efcridge M-- Tayloe M"- Kemp Order' d. That M-- Attorney General M' Meriwether manage the faid Conferrence and attend and withdraw and M' Randolph do forthwith

they withdrew accordingly. being return 'd M"' Attorney General Reported from the Conferrence that the Managers from the Council, had acquainted the Managers of this Houfe That the Council having under their Confideration the Bill for amending the Staple of Tobacco and finding

And And

no provifion made for the purchafe of Scales and Weights for the feveral Store houfes; To keep up a good Correfpondence with this Houfe and to avoid Difputes concerning the priviledges of this Houfe They defire to know the Sentiments of this Houfe whether they will Concurr in the fame Opinion with them that the charge of thofe Weights and Scales and the Deficiency of the Duty Appropriated by the Bill for Defraying the Expence of the Execution thereof if any fhould happen fhould be defray 'd and made good out of the Publick Money in the hands of the Treafurer Refolv'd, That this Houfe doth agree that the Council may add one Claufe or more to the faid Bill for purchafing Weights and Scales and making good the Deficiency of the Duty Appropriated for defraying the Expence of the Execution of the faid Bill (if any fhould happen) out of the publick Money in the hands of the Treafurer. Order' d. That the managers of this Houfe do acquaint the Managers of the Coimcil that this Houfe hath agreed that one Claufe or more for the purpofes aforefaid may
therein
:

be added by the Council to the laid

Bill.

Bill for altering the

manner

of

Payment

of

Rewards

for killing

Wolves was read the

Second time.

And

after a

Debate the Queftion was put


be Committed
It

That the

Bill

pafs'd in the Negative

be Rejedled Refolved, That the The Houfe proceeded to take into Confideration the Report of the Committee to whom the Accounts of Colonel Spotfwood of feveral Sums of Money put into his hands by an Adl of Affembly made in the year 1720 for Eredting the Counties of Spotfilvania and Brunfwick and granting certain Exemptions and Benefits to the Inhabitants thereof
Bill

was Refer'd

And the faid Report was read And feveral Articles of the faid Accoimts refer'd to in the faid Report were alfo read And the Queftion was feverally put upon the faid Article and fome of them were
allow 'd with an
of

Abatement and others were allowed without any Abatement and fome them were difallowed by the Houfe. Then part of the faid A61 of Affembly was read Order'd, That the Doors of the Houfe be fhut, and the keys brought in and laid upon the Table.

And

(lOl)

And And
by

a Motion being
exctifes being

made

for calling over the Hotafe

The Houfe was


the Houfe.
Order'd,

called over accordingly

made

for feveral of the abfent

Members the fame were allow 'd

Serjeant at

That M^ Egglefton M' Diggs and M"- Nicholas be taken into Cuftody of the Armes attending this Houfe for abfenting themfelves from their Duty and
arofe

the Service of the Houfe

Then a Debate

upon the

faid

Adl

of

Affembly

And

the Queftion being put thereupon

That this Houfe is not obliged to make good to Colonell Spotfwood the he has laid out in Eredting and building the Church Court Houfe prifon pillory Money and Stocks in the County of Spotfilvania more than the Five hundred potmds Appropriated for that purpofe by the Adt of Affembly made in the Year 1720 for Eredling the Covmties of Spotfilvania and Brunfwick and granting certain Exemptions and benefits
Refolved,

to the Inhabitants thereof


Refolv'd,
for his

That the

Sum

of

the Armes for the Counties of Spotfilvania and Brunfwick purfuant to the faid A<$1 of Affembly Refolv'd, That it appears to this Houfe that the Sum of Two htmdred and thirty
in carrying

own Trouble

One hundred povmds be allowed to on the faid Buildings and providing

Colonel Spotfwood

Nine pounds Seventeen Shillings remains in the hands of Colonel Spotfwood which ought Armes to be diftributed among the Inhabitants of the County of Brunfwick purfuant to the faid Adt of Affembly. Then an Account of Colonel Spotfwood Expences in going to Albany to make a Treaty with the Northern Indians with feveral Commiflioners at the Requeft of the General Affembly was laid before the Houfe And the Title of the Account was read Order'd, That the faid Account be confidered to morrow morning A Meffage from the Coimcil by M"' Robertfon That they have made feveral Amendments to the Bill Intituled an Ad for amending the Staple of Tobacco to which they defire the Concurrence of this Houfe And that they have fent to this Houfe a Petition of Thomas Carter in Relation to one of thofe Amendments That they had agreed to the Bill Intituled an Ad to Confirm the Title of Richard Randolph Gentleman in and to certain Entailed Lands ptirchafed by him of William Ligon and for fetling other Lands and two Negro Slaves of greater Value in lieu thereof to the fame ufes without any Amendment And that they had alfo agreed to the alteration propof 'd to be made by this Houfe
to be laid out for
in the

Windows in the Houfe of Burgeffes and the General Court. Then the Houfe Adjom'd till to morrow Morning Eleven A Clock.

Fry day, July

3,

1730.
to

AN

Ingroffed Bill

to oblige

the

Court of Caroline County

Levy on

the Tythable

perfons of the faid County a proportion of the Wages of the Burgeffes of Effex King and Queen and King William Counties due for the laft Seffion of Affembly

and alfo a proportion of the laft Publick Levy was read the third time Refolv'd, That the Bill do pafs. Randolph and M' Rofcow do carry the Bill to the Order'd, That M"' Robinfon Council and defu-e their Concurrence thereto A Meffage from the Cotmcil by M"' Robertfon That they have made feveral Amendments and Additions to the Book of Claimes to which they defire the Concurrence of this Houfe. Order'd, That M^ Mead have leave to be abfent from the Ser\'ice of the Houfe till

Monday

next.

The

(l02)

The Houfe being inform'd that M*^ Diggs M"- Nicholas and M"- Egglefione attend at the Door in Cuftody and Defire to be admitted to take their places in the Houfe They were
order 'd to be Difcharg'd out of Cuftody paying Fees. A Bill for the better Regulating the Payment of the Burgeffes

Wages was read the Second

time
Refolved,

And
M"'

it

That the Bill be Committed was Committed to

M' Tayloe
Braxton
Blair
M''

M'
M.'

Strother

Randolph

M"'

M^ Flemming and
Burges

John Boiling Reported fromjthe Committee to whom the petition of John Sutton Farrer was Refer'd. That the Committee had examined the Allegations of the faid petition and agreed upon a Report which he read in his place and afterwards deliver'd it in at the Table where the fame was again read. Order'd, That leave be given to bring in a Bill according to the Prayer of the faid Petition. And that M'' John Boiling M^ Ravenfcroft and M'' Samuel Harwood do prepare and bring in the faid Bill. Then the Houfe proceeded to take into Confideration Colonel Spotfwoods Account of Expences of the Treaty at Albany with the Northern Indians in the Year 1722. And part of the Governors Speech to the Affembly in the Year 1722 and feveral Refolves of the Houfe of Burgeffes in relation to the faid Treaty were Read The Governors Speech at the end of the Seffion and the Accotmts were alfo read. The Houfe being inform'd that Colonel Spotfwood defired to be heard at the Bar of the Houfe by his Council upon his faid Accounts A Motion was made that a day may be appointed for hearing him accordingly. And the Queftion was put thereupon
M''

Refolv'd in the Affirmative

That Colonel Spotfwood have leave to be heard by his Council at the Bar Houfe upon the faid Accounts on Monday next The Houfe took into Confideration the Amendments and Additions made by the Council to the Book of Claimes and the fame were read and agreed unto by the Houfe Order'd, That the Committee of Publick Claimes do carry the Book of Claimes to the Council and acquaint them that this Houfe hath agreed unto the Amendments and Additions by them made to the faid Book Order'd, That M"^ Flemming be added to the Committee for proportioning the Publick Levy. And the faid Committee are to meet and adjom from day to day 'till they have fettled the proportions of the faid Levy. Order'd, That the faid Committee do prepare and bring in a Bill for Raifmg a pubOrder'd,
of the
lick

Levy.

The Houfe proceeded to take into confideration the Amendments made by the Council to the Bill for Amending the Staple of Tobacco And the fame were Read Several of the faid Amendments being feverally read a Second time one of them was difagreed unto and others were (with feveral Amendments to fome of them) agreed unto by the Houfe Order'd, That the further Confideration of the faid Amendments be Adjom'd 'till to morrow morning Then the Houfe Adjom'd 'till to morrow Morning Eleven a Clock

Saturday, July 4, 1730.

MR.
to the

Samuel Harwood prefented to the Houfe according to Order a Bill for Vefting William Randolph an Infant which were purchafed by his Father Thomas Randolph Gentleman Deceafed of John Sutton Farrar and for Setting other Lands and Negros given in lieu thereof of greater Vahie fame Ufes and the fame was Receiv'd and read the firft time
certain Entailed Layids in

Order'd,

(io3)

That the Bill be read a fecond time. Tayloe Reported from the Committee to whom the Bill for the better Regulating the Payment of the Burgeffes Wages was Committed an Amendment made by the Committee to the Bill which he read in his place and afterwards deliver'd the Bill with the
Order'd,
M''

Amendments in at the with an Amendment.


Order'd,

Table.

Where the Amendment was twice read and agreed

to

That the

Bill

with the

Amendment

be Ingroffed.

The Houfe according to Order Refum'd the Adjomed Confideration of the Amendments made by the Covmcil to the Bill for Amending the Staple of Tobacco And the Refidue of the Amendments were Read And a Petition of Thomas Carter of the County of Lancafter to the Governor and Council praying that the Store hoiife appointed by the BUI as it paffed this Hotife upon his Land may be appointed at fome other place was alfo Read And all the faid Amendments (with feveral amendments to fome of them) were agreed to by the Houfe Order'd, That the Committee who prepared the faid Bill do carry the fame to the Council and acquaint them that this Houfe hath dtfagreed to the Second Amendment & hath agreed to all the other Amendments by them made to the faid Bill, with fome Amendments to fome of them to which they defire their Concurrence. A Meffage from the Coimcil by M' Robertfon That they have made fome Amendments to the Bill Intituled an Ad to prevent
Loffes
to

Executors and Adminiftrators by the Sale of Negros Goods

& Chattells

taken in

Execution for amending the Law in Relation to Executors and Adminiftrators for maintaining Adions of Account againft Executors and Adminiftrators and by one Jointenant and

Common againft another Jointenant and tenant in Common their Executors and Adminiftrators for impowering Fathers to difpofe of the Cuftody and Tuition of their Children and for the better managing and Securing Orphans Eftates.
tenant in

And alfo to the BiU Intituled an Ad for Re enading certain parts of an Ad declaring how long Judgments Bonds Obligations and Accounts fhall be in force for the Affignment of Bonds and Obligations direding what proof fhall be fufficient in fuch Cafes and afcertaining the Damage upon protefted Bills of Exchange to which they delire the Concurrence of this Houfe.

And

that they have agreed to ye Bill Intituled an


to

Ad

to

Enable

the Sale of

Goods

Diftrained for Rent and


better Security of

fecure fuch Goods to the perfons Diftraining the

fame

for the

to prevent Frauds committed by Tenants. BiU Intituled an Ad to Enable the Juftices of peace of the County of Elizabeth City and the Minifter Church Wardens of the parifh of Eliza. City in the faid County for the time being to take and hold certain Lands given by Thomas Eaton to Charitable Ufes and to Lett Leafes thereof. And alfo to the Bill Intituled an Ad for impowering Juftices of Peace and Conftahles to Weigh Hemp in Order to Entitle the maker to Receive the Bounty and for paying to William Bird Efq'. Five pounds four Shill due to him for the Bounty upon Hemp without any

Rents and

And

alfo to the

&

Amendment.

A BiU for Vefting certain Entailed Lands in William Randolph an Infant which were purchafed by his Father Thomas Randolph Deceafed of John Sutton Farrar And for Selling other Lands and Negros given in lieu thereof to the fame ufes was read the Second
time
Order'd, that the

BUI be Engroffed

A Meffage from the Council by M"" Robertfon


That they do Recede from the Amendment by them made to the Bill Intituled An Ad for Amending the Staple of Tobacco to which this Houfe hath difagreed And that they have agreed to all the Amendments made by this Houfe to their Amendments to
the faid BiU.

And

(i04)

an Ad for amending the Staple of Tobacco And for preventing Frauds in his Majefties Cuftoms Then the Houfe Adjom'd till Monday Morning Eleven of the Clock

And the title of

the Bill

is

Monday, July

6,

1730.

Reported from the Committee to whom it was Refer 'd to prepare an Addrefs to His Majefty. That the Committee had prepared an Addrefs accordingly which they had Dire<5led him to Report to the Houfe. And he read the Addrefs in his place and afterwards deliver'd it in at the Table where it was again twice read and agreed unto by the Hoiofe Order'd, That the faid Addrefs be fairly Tranfcribed and a Blank left for the Council And that the Committee who prepared the faid Addrefs do carry the fame to them and defire their Concurrence thereto Order'd, That the Committee of Publick Claims do carry the Book of Claimes to the Governor And defire his Affent thereto. The Houfe proceeded to take into confideration the Amendments made by the Council to the Bill Entituled an Ad for Re-enading certain parts of an Ad declaring how long Jiidgements bonds Obligations and Accounts fhall be in force for the Affignment of Bonds and Obligations direding what proof fhall be fufficient in fuch Cafes and afcertaining the Damage upon protefted Bills of Exchange. And the faid Amendments being twice read were agreed unto by the Houfe And the Title of the Bill is an Ad for afcertaining the damage upon protefted Bills of Exchange for the better Recovery of Debt due on promifary Notes And for the Affignment of bonds Obligations and Notes Order'd, That the Committee for Courts of Juftice do carry the Bill to the Council and acquaint them that this Houfe hath agreed to the Amendments by them made to the

MR.

Kemp

faid Bill.

The Houfe then proceeded


the Council to the Bill Intituled

to take into confideration the

Amendments made by

An Ad

to

prevent Loffes

to

Executors and Adminiftrators

by the Sale of Negros Goods and Chattells taken in Execution for amending the Law in Relation to Executors and Adminiftrators for Maintaining Adions of Account againft Executors Adminiftrators; and by one Join tenant and Tenant in common againft

&

another Join Tenant and Tenant in

Executors and Adminiftrators for imto difpofe of the Cuftody and Tuition of their Children and for the better managing and Securing Orphans Eftates.
their

common

powering Fathers

And

the faid

Amendments were
reft

twice read and the

firft

and Second Amendments

were agreed to and the


Order'd,

were

M.'^ Robert Boiling and M"- Robinfon do carry the Bill to the Council and acquaint them that this Houfe hath agreed to the firft and Second Amendment and hath difagreed to all the other Amendments by them

That

M--

Conway

W Burgefs W Blair

difagreed to

by the Houfe.

made

to the faid Bill

An

Ingroff'd Bill for the better Regulating the

Payment

of the Burgeffes

Wages was

read the third time.


Refolved

Nemine

Contradicente

do pafs. A Meffage from the Coimcil by M' Robertfon That the Council hath agreed to the Bill Intituled An Ad for continuing part of an Ad for laying a Dutie on Liquors with fome Alterations and amendments And alfo to the Bill Intituled an Ad to exempt the Inhabitants of any County wherein any Iron works are or fhall be Ereded from Clearing or Repairing the Roads leading to and from the fame for making Satisfadion to the Owners of any Lands lying Contiguous to fuch Reads
Bill

That the

(I05)

Roads for the Timber which (hall he taken for making or repairing Bridges in fuch Roads and for giving further Encouragements to Adventurers in Iron works. And alfo to the Bill Intituled an Ad to revive the Ad for Supply of certain Defeds found in an Ad prefcribing the Method for appointing of Sheriffs without any Amendment.
Ingroffed Bill for vefting certain Intailed Lands in William Randolph an Infant which were purchafed by his Father Thomas Randolph Deceas'd of John Sutton Farrar And for fetling other Lands and Negros given in lieu thereof to the fame Ufes was read the
third time.
Refolved,
Order'd,

An

That the Bill do pafs. That the Committee for Courts

of Juftice

do carry the

faid Bill to the Council

Concurrence thereto and Then the Houfe according to Order proceeded to the hearing Colonel Spotfwood by his Cotmcil upon his Account of Expences in carrying on and concluding the Treaty with the Northern Indians at Albany in the Year 1722 And the Council being called in was heard and afterwards withdrew. After a Debate And the Queftion put thereupon Refolv'd, That Colonel Spotfwood having when he was Governor of Virginia in the
defire their

Enable the Government Northern Indians in Aid of the Revenue of two Shillings per hogfhead on Tobacco which he then Reprefented in too low a Condition to Support the Expence thereof And the Houfe of Burgeffes having accordingly given One Thoufand pounds. This Houfe is no ways Engag'd to difcharge the faid Colonel Spotfwoods Account of Expences beyond the faid Sum. M' Attorney General Reporting from the Committee of Propofitions and Grievances that the Committee had had under their Confideration a Petition of James Hackley for a Ferry to be Appointed acrofs Rappahanock River from the faid Hackleys houfe to the Land of Thomas Corbin Efq' at a place called Moffes Neck in Caroline County and agreed upon a Report which he read in his place and afterwards deliver'd it in at the Table where it was again Read. Order'd, That the faid Petition be Refer'd to the Confideration of the next Seffion of Affembly. Then the Hotife Adjom'd till to morrow Morning Eleven a Clock.
of
of the of Burgeffes to

Year 1722 asked a


to

Sum

Money

Houfe

make

A Treaty with the

Tuefday, July

7,

1730.

from the Council by M"- Robertfon That they propofe an Addition to be made at the end of the Addrefs to his Majefty to which they defire the Concurrence of this Houfe That they have agreed to the Bill Intituled an Ad to oblige the Court of Caroline County to Levy on the Tythable perfons of the faid County A proportion of the Wages of the Burgeffes of Effex King and Queen and King William Counties due for the la ft Seffion of Affembly and alfo a proportion of the la ft public Levy without any

MESSAGE

Amendment And that they do

infift

on their Amendments to the

Bill Intituled

an

Ad to

prevent

loffes to Executors and Adminiftrators by the Sale of Negros Goods and Chattells taken in Execution for amending the Law in Relation to Executors and Adminiftrators for maintaining Adions of Account againft Executors and Adminiftrators and by one Jointenant

and Tenant in Common againft another Join tenant and Tenant in Common their Executors and Adminiftrators for Impowering Fathers to difpofe of the Cuftody and Tuition of their Children and for the Managing and Securing Orphans Eftates, And that they defire this Houfe to pafs the faid Bill as it is Amended by them.

The

(io6)

The Addition propos'd by the Council to the Addrefs to agreed to by the Hoiofe. The s'd Addrefs is as follows

his Majefty

was Read and

TO THE KINGS MOST EXCELLENT MAJESTY


The Humble Addrefs of the Council and Burgeffes of Virginia Moft Gracious Sovereign Wee Your Majefties Moft Dutiful and Loyal Subje(5ts the Council and Burgeffes of the Colony of Virginia now met in a General Affembly beg leave to exprefs the Satisfadlion and great joy of all your Subjedls of This Dominion upon the fafe and happy Arrival of His Royal Highnefs Frederic Prince of Wales in Great Brittain And at the fame time to Congratulate your Majefty upon your Succefs in the Conclufion of a peace with Spain Wherein not only the Wifdom of your Majefties Councils Your Conftancy and Steadinefs in purfuing the true Interefts of your People But the weaknefs of thofe whofe Artifices and Intrigues have fo long oppos'd and Obftrudled this good work are fufficiently difplay'd to the World. We are boimd in Gratitude to acknowledge upon this Occafion the Advantages which Refult to us from your Majefties Goodnefs and Refolution in bringing about this happy Event whereby we cannot doubt but our Trade will be Advanced Our Navigation fecur'd and juft Satisfaftion obtain 'd for the Depredations Committed upon us by the Subjedts of Spain in the Weft Indies And as it is our Duty to acknowledge the many Bleffings which flow immediately from your Majefties juft and prudent Adminiftration at home So we muft not Omit mentioning our Felicity under the Rule and Government of your Majefties Lieutenant Governor Whofe Abilities and good Difpofition in the Difcharge of the great truft repofed in him tmder the Extenfive Influence of Your Majefties great Care and tender Regard for all your people Do concurr to fupport your Majefties Honour and to Secure to us
every thing we can wifh for or defire. May the Almighty long preferve your Sacred Majefty your Royal Confort Our moft Gracious Queen and all your Illuftrious Family on whom the prefent and future
Profperity of your people fo greatly depend
Order'd,
M"^

That the

faid Addrefs be fairly Ingrofs'd

and figned by the Speaker.

Efcridge Reported from the Committee appointed to proportion the Publick

Levy that the Committee had fettled the proportions accordingly and Enter'd the fame in a Book which he deliver 'd in at the Table. He alfo prefented to the Houfe a Bill for Raifing a Publick Levy and the fame was
Received.

That the feveral Sums following be paid to M"' John Randolph Clerk of this Houfe out of the Publick Money in the hands of the Treafurer for the feveral Copies of the Laws and Journals of this Seffion of Affembly to be made out by him by the Duty of his Office Viz For Thirty One Copies of the Laws of this Seffion to be fent to the feveral Counties of this Colony in regard to the length of the faid Laws One hundred & Fifty
Order'd,

Five poimds.

For four Copies of the faid Laws to be deliver'd to the Governor Twenty poimds. For one Copy of the faid Laws to be delivered to the Clerk of the Secretaries Office Five pounds. For four Copies of the Journal of this Seffion to be Delivered to the Governor Ten pounds. For one Copy of the Journal deliver'd to the Speaker Fifty Shillings. Order'd, That the Sum of Ten pounds be paid to M"' William Robertfon Clerk of the
Council for four Copies of the Councils Journal during this Seffion to be deliver'd to the Governor.
Order'd,

That the

Sum

for cleaning the

Chamber

Five pounds be paid to Elizabeth Anderfon Als Heidelberg of the Bvirgeffes during this Seffion
of

Order'd, That the Committee of propofitions and Grievances do carry the faid Orders to the Council and defire their Concurrence thereto

The

(io7)

The Houfe proceeded to take into Confideration the Meffage from the Coimcil in Relation to their Amendments to the Bill to prevent loffes to Executors and Adminiftrators by the Sale of Negros Goods and Chattells taken in Execution for amending the Law
in relation

Executors and Adminiftrators for maintaining Adions of Accounts againft Executors and Adminiftrators and by one Join tenant and Tenant in Comtnon againft another Join tenant and Tenant in Common their Executors and Adminiftrators for Imto

powering Fathers to difpofe of the Ctiftody and Tuition of managing and Securing Orphans Eftates After a Debate and the Queftion put thereupon
Refolv'd,

their Children

and

for the better

Houfe doth Recede from their difagreement to the Amendments to the faid Bill infifted upon by the Council and doth now agree to the faid Amendments Order'd, That the Committee for Courts of Juftice do carry the Bill to the Council and acquaint them that this Houfe doth Recede from their difagreements to the Amendments Infifted upon by them and hath agreed to the faid Amendments. M"' Attorney General prefented to the Houfe a Bill prefcribing the Method of proving Accounts of perfons out of the Countrey and pray'd that the fame might be Received and it was Received and read the firft time. After a Debate the Queftion was put That the Bill be Rejefted That
this

Refolv'd in the Affirmative

The Book
Order'd,

was Read and agreed unto by the Houfe. That the Committee for proportioning the publick Levy do carry the Book
of propofitions

to the Council for their Concurrence

The

Bill for

Raifing a publick Levy was read the

firft

time

&

ordered to be read a

Second time.

was read the Second time That the Bill be Engroffed. A Motion being made for Contributing the Sum of One hundred and Fifty pounds Sterling towards Defraying the charge of Soliciting the Petition of this Houfe to the King in Cotincil for Relieving the Subjedls of the Northern Neck againft certain Grants
Bill

The

Order'd,

of that Territory

The Queftion was put thereupon


Refolv'd in the Affirmative

That the Sum of One hundred and Fifty pounds Sterling out of the Publick Money in the hands of the Treafurer be paid to John Grimes Efq'' his Majefties Recei\'er General And that he do apply the fame towards Defraying the Expence of Soliciting the Petition of this Houfe to the King in Council in behalf of the Subjedts of the Northern Neck and that he do lay an Account before the next General Affembly how the faid Sum
Order'd,
fhall

be difpos'd
Order'd,

off

That M"' Tayloe 'W Conway M'' Meriwether M'' Burges and M'' Robert Boiling do carry the faid Order to the Cotmcil for their Concurrence. Order'd, That a Committee be appointed to Examine the Inroll'd Bills of the following perfons

M'
M"'

W Thacker
Burges
till

Kemp

M"' M"'

Robinfon Randolph and


Clock.

Then the Houfe Adjom'd

to

M' Botifh morrow Morning Eleven a


8,

Wednefday, July

1730.

MESSAGE
the

from the Council by M-- Robertfon That they have made fome Amendments to the Bill Intituled an Ad for better Regulating the payment of the Burgeffes Wages to which they defire

the Concurrence of this Houfe.

And

(io8)

And

Lands in William

that they have agreed to the Bill Intituled an Ad for Vefting certain Entailed Randolph an Infant which were purchafed by his Father Thomas Ranof

dolph Gent. Deceafed

in lien thereof of greater

John Sutton Farrar and for felling other Lands and Negroes given Value to the fame ufes without any Amendment.

An

Ingrofs'd Bill for Raifing a publick Levy

was Read the

third time.

Refolved, That the Bill do pafs. Order'd, That the Committee for proportioning the Publick Levy do carry the Bill to the Council and defire their Concurrence thereto Refolved, That an Addrefs be j^refented to the Govemour to give him a General Account of the proceedings of this houfe during this Seffion To defire him to Tranfmit the Addrefs of the Council and this Houfe to the King by the firft opportunity to be pre(ented to his Majefty And to fix the Seal of the Colony to the Petition of this Houfe to his Majefty in Council in behalf of the Subjedls of the Northern Neck and to give Diredlions for prefenting the faid Petition to His Majefty and to return him thanks for his great zeal fhew'd upon all occafions for the Profperity of this Colony. Order'd, That the Committee of Propofitions and Grievances do forthwith prepare

the faid Addrefs.

M' Speaker acquainted the Houfe That the Governors houfe was very Inconvenient for want of a cover'd way from the Offices into the Houfe, And that the Governour had defired him to propofe to the Houfe to Contribute a fmall Sum of Money towards building the fame Refolv'd, Nemine Contradicente, That the Treafurer be impower'd to lay out a Sum not exceeding One hundred pounds in building a cover'd way from the Offices belonging
to the Governors houfe into the faid Houfe. Order'd, That the Committee of propofitions

and Grievances do carry the

faid

Refolve to the Council for their Concurrence. The Houfe proceeded to take into Conlideration the Amendments made by the Council to the Bill Intituled an Ad for the better Regulating the payment of the Burgeffes

Wages

And the faid Amendments were unto And the other Amendment was
Order'd,

feverally twice read

That

M"'

Conway

W Burgefs

difagreed to
M""

and one by the Houfe


this

of

them was agreed


and
M"'

Dangerfield M"' Strother

Robinfon

do carry the
firft

Bill to

the Council

and acquaint them that

Houfe hath agreed to the

difagreed to the other Amendment by them made to the faid Bill That the Treafurer being oblig'd by the Bill for amending the Staple of Refolv'd, Tobacco and for preventing Frauds in his Majefties Cuftoms to provide a Confiderable Number of Weights and Scales which muft be fent for to England he be allow'd Twenty ffive ^ Cent for the difference of Exchange between Sterling and Current Money. M"" Attorney General Reported from the Committee to whom it was refer'd to prepare an Addrefs to the Governor that they had drawn up an Addrefs accordingly which they had diredled him to Report to the Houfe and he deliver'd the Addrefs in At the Table and the fame was twice read by the Clerk and agreed unto by the Houfe as

Amendment and

follows.

To the Honourable WILLIAM GOOCH Efq"^ His Majefties Lieutenant Governor and Commander in Chief of the Colony and Dominion of Virginia
S'r:

Seffion the Bills they

humbly beg leave to lay before you at the Conclufion of this have paffed in Concurrence with the Council upon the Important Matters recommended in your Speech to this Affembly and feveral others which have been formed upon the Petitions and Grievances of thofe we Reprefent which we hope will Receive your Affent We have Prepared an humble Addrefs to the King in which the Council do Concurr with us, and do defire it may be Tranfmitted to be prefented to his Majefty by the firft Opportunity
The Houfe
of Burgeffes

The

(io9)

The Burgeffes have been Induced upon the Complaints and Petitions of the people in the Northern Neck to Petition his Majefty in Council to relieve them from the Hardfhips they have for fome time Endur'd from feveral Grants made by the late King Charles and King James the Second of that Territory and do defire your Honour will be pleas'd to caufe the Seal of the Colony to be fixed to that Petition and give fuch
Diredlions as

you

fhall think

fit

for prefenting

it

to his Majefty

and to employ your you

Intereft for obtaining the Relief therein defired.

And now

Sir give us leave in the

name

of all the People of Virginia to return

our fincere thanks for the zeal you fhow upon all occafions for the profperity of this Colony and more efpecially for the pains you have taken in Concerting a Scheme for the amending our Staple Wherein we hope you will not only Merit the favour of his Majefty But that all the People of Virginia when they fhall have Experience of the Bill we now offer upon that Subje(5l will have a juft Sence of the Obligations they are under to you who have zealoufly promoted fo good a Work. Refolv'd, That the faid Addrefs be prefented by the whole Houfe when they go up
with the Bills

A Meffage from the Council by M' Robertfon That the Covmcil have agreed to the Book of proportions and to the Bill for raifing a public Levy without any Amendment And that they have alfo agreed to the feveral Orders of this Houfe made yefterday for paying feveral Sums to the Clerk of this Houfe the Clerk of the Council and Elizabeth Anderfon And to the Refolve of this day for impowering the Treafurer to lay out a Sum not Exceeding One himdred poimds in building a Covered way from the Offices belonging to the Governors Houfe into the faid Houfe And that they do infift on the Amendment to the Bill for the better Regulating the payment of the Burgeffes Wages to which this Houfe hath difagreed and defire this Houfe
to pafs the Bill with that
Refolv'd,

Amendment.

Houfe doth Recede from their difagreement to the faid Amendment and do now agree to the fame Order'd, That M'' Conway M"" Tayloe M^ Robert Boiling and M'' Meriwether do carry the Bill to the Coimcil and acquaint them that the Houfe hath agreed to the faid

That

this

Amendment
That the Committee for porportioning the publick Levy do carry the Book of proportions and the Orders and Refolve aforefaid fent down from the Coimcil to the Govemour and defire his Affent thereto. Then the Houfe Adjom'd till to morrow morning Eleven a Clock
Order'd,

Thurfday, July 9, 1730.

MR.
for

Kemp Reported that the perfons appointed had according to Order Examin'd
Bills,

and that the fame were truly Inroll'd That as the Matter of the Refolve of this Houfe of the 2 2d of June laft concerning the payment of their abfent Members is now provided by a Bill which hath paffed this Houfe and the Council. The faid Refolve and the
the Inroll'd
Refolv'd,

Order thereupon be not put in Execution A Meffage from the Governor by M'' Robertfon M.^ Speaker The Governor Commands the Immediate attendance of this Houfe in the Covmcil Chamber and that you bring with you fuch Bills as are ready for his Affent. M' Speaker with the Houfe went up accordingly to Attend the Governor. And he

was pleafed to Give

his Affent to the Following Public

and Private

Bills Viz't.

An

(no)

An

At for Enforcing the

Ad
of

Intituled

An Ad

for the Effedual Suppreffion of Vice

and Reftraint and fnmifhment


venting InceftuoJis Marriages

Blafphemous Wicked and


Copulations.

diffolute perfons

and

for pre-

&

An Ad for Amending the Staple of


Cuftoms

Tobacco and for preventing frauds in his Majefty's

An Ad
for taking

to

prevent the Malitious burning of Tobacco houfes


offenders;

and

other

Houfes places;
to

away Clergy from Certain


of Stolen

And

for punifhing Acceffories

Felonies

and Receivers

Goods

An Ad

for afcertaining the

Damage upon

protefted bills of

Exchange; and for

the

better recovery of Debts due on promifory Notes; And for the Affignment of Bonds Obligations and Notes. An Ad for Continuing part of an Ad for laying a Duty on Liquors with Some Altera-

tions

and Amendments

payment of the Burgeffes Wages prevent Loffes to Ex'ors & Adm'rs by the Sale of Negros Goods and ChatFor amending the'Law in Relation to Ex'ors and Adm'rs; For Execution; taken in tels maintaining Adions of Account ag't Ex'ors and Adm'rs and by one Jointenant and Tenant in Common ag't another Jointenant and Tenant in Common their Ex'ors and Adm'rs; For Impowering Fathers to difpofe of the Cuftody and Tuition of their Children; And for the better Managing and Securing Orphans Eftates An Ad to Enable the Sale of Goods diftrain'd for Rent and to Secure Such Goods to the perfons diftraining the Same; for the better Security of Rents and to prevent Frauds

An Ad for An Ad to

the better Regulating the

Committed by Tenants An Ad difabling any Sherif or other perfon to Sit as a Member of the Houfe of Burgeffes who fhall accept any office of Profit in this Colony after his Eledion; And Exempting the Members of the Houfe of Burgeffes from being made Sherif An Ad for Encouraging the Making of Linen Cloath.

Ufury County Wherein any Iron Works, are or fhall be Ereded; from clearing or repairing the Roads leading to and from the Same; for making Satisfadion to the Owners of any Lands lying Contiguous to fuch Roads for the Timber which fhall be taken for making or Repairing Bridges in Such Roads and for giving further Encouragements to Adventurers in Iron Works An Ad to Revive the Ad for Supply of Certain Defeds found in an Ad prefcribing Method the for appointing Sherif An Ad for Raifing a public Levy An Ad to Enable the Juftices of Peace of the County of Eliza. City, And the Minifter and Church wardens of the parifh of Eliza. City in the Said County for the time being to take and hold Certain Lands given by Thomas Eaton to Charitable Ufes and to let Leafes thereof. An Ad for Vefting certain Lands belonging to the Church of Weftover parifh in Truftees to be Sold, and for laying out the purchafe money in other Lands for a Glebe for the Said Church and for Improving the Same. An Ad to Oblige the Court of Caroline County to Levy on the Tithable perfons of the Said County a Proportion of the Wages of the Burgeffes of Effex, King Queen and King William Counties due for the la ft Seffion of Affembly and alfo a Proportion of the laft

An Ad Retraining the taking of Exceffive An Ad to exempt the Inhabitants of any

&

public Levy.

An Ad
Entitle the

for

Impowering Juftices
to

of

Maker

Receive the Bounty,

And

Peace and Conftables to Weigh hemp in order to o for paying to William Byrd Efq^ $ 14
:

due

to

him

An An An
County

upon hemp Ad to prevent Swine running at Large within the Limits of the Town of Hampton Ad for Ereding a New County on the heads of Stafford and King George Counties Ad for making a New parifh on the head of Overwharton parifh in Stafford
for the bounty

An

(ill)

An Ad for dividing the parifh of St. George in An Ad to Exempt certain German Proteftants
paiment of
of parifh Levies.

the

County of Spotfylvania in the County of Stafford from

the

An Ad for Vefting Certain Entail'd Lands in William Randolph an Infant w'ch were purchafed by his father Thomas Randolph gent dec'd of John Sutton Farrar and for Settling other Lands Negros given in lieu thereof of greater Value to the Same Ufes

&

An Ad to An Ad to
and
the

confirm theTitle of Richard Randolph C^m/ tn and


.

to certain

Entail'd

Lands

purchafed by him of William Ligon and for Settling other Lands and two Negro Slaves. of greater Value in lieu thereof to the Same Ufes.
for Settling

greater

Moiety of Value to

Enable Henry Gary to Sell certain Entail'd Lands in the County 0/ Warwick 306 Acres of Land with the Appurtenances in the County of Henrico and 3942 Acres of Land with the Appurtenances in the County of Goochland of
the

Same

Ufes.

An Ad

for Vefting 420 Acres of

Weftmorland
Value
to the

{being Entail'd) in

Settlement of 1000 Acres of

Land with the Appurtenances in the County of of George Turbervile in fee Simple; And for Confirming a Land with the appurtenances in the County of Stafford of Greater

Same
to

Ufes.

Confirm the Sale of Certain Entail'd Lands in the County of King Will'm made by John Douglafs to John Frazer in Fee fimple; and for Settling other Lands in the County of Bninfwick and two Negro Slaves of Greater Vahie to the Same Ufes. The Governor alfo affented to the Refolve for paying the Wages of the Burgeffes
in

An Ad

Money.

then was pleafed to Prorogue the Affembly to Thurfday the 12th day of November Next.

And

Ex'd by

J.

Randolph

THE

JOURNAL
of the

The

Houfe

of

BuRGESSES.

AT A

GENERAL ASSEMBLY,
Begun and held
ary,

at

the Capitol, in the the


Firft

City of
Febru-

WILLIAMSBURG,
in

Day of

the

Firft

Sovereign Lord

GEORGE

Year of the Reign of our II. by the Grace

of God, of Great- Britain, France and Ireland, King, Defender of the Faith, &'c. and in the

Year of our Lord 1727: And from thence continued, by feveral Prorogations, to the
Eighteenth Day of May, in the Fifth Year of the Reign of our faid Sovereign Lord King

GEORGE
1732:

II.

and

in

the Year of our Lord


this

Being the Third Seflion of Aflembly.

prefent

1F1LLIAMSBURG:
Printed by William Parks,

M,DCC,XXXII.

THE

JOURNAL
OF

The
THREE by

Houfe

of

BuRGESSES
i8, 1732.

Thurfday,

May

Members, returned upon new Writs, having taken the Oaths appointed Act of Parliament to be taken inftead of the Oaths of Allegience and Supremacy, the Abjuration Oath and Teft, and the Oath of a Burgefs, were admitted to their Places in the Houfe. A Meffage was delivered from the Governor, by M"' Robertfon. M' Speaker, The Governor commands the immediate Attendance of this Houfe in the
M''

Council Chamber.

and being returned, he reported Chamber and he was pleafed this Houfe which being long, he had obtained a to make a Speech to the Council and Copy of it, which he read to the Houfe, and is as followeth
Speaker, with the Houfe, went up accordingly;

that the Houfe had attended the Governor in the Council


;

Gentlemen

of the Council,

M'

Speaker, and Gentlemen of the Houfe of Burgeffes,

Improving Our Staple and Trade, which by your Wifdom and laft Seffion of Affembly, having met with Favour from His Moft Excellent Majefty, to the equal Satisfaction of its Friends, and Difappointment of its Enemies, by the fame vigorous Endeavours will effectually baffle all prefent Difcontent, and unite Us in Intereft to eftablLfh and enlarge the Hopes we may juftly conceive will be the Refult of a due Execution of it.
for

THE Law

Refolution was framed the

out with, has affiduoufly followed it to every Place through which it was to pafs to the Roial Prefence Nor was the gracious Allowance it found there, fufficient to check the Competition; for it ftill purfues, and your
Oppofition this
at
firft fet
:

THE

Law

Unanimity only can

filence

it.

AND, becaufe the moft plaufible Objedlion was the moft likely to prevail, the common Planters, whofe Intereft it will more efpecially ferve, ha\'e been reprefented as Men
expofed by it to great Oppreffion, and thofe very Hardfhips it will relieve them from, have been difguifed to a quite different Purpofe, before thofe Judges whofe Ears are open to the Complaints of the Poor. BUT fmce, under the moft wholfome Laws, there's no anfwering for the univerfal good Conduct of particular Men, every TranfaCtion imder new Regulations fhould not be looked upon with a fevere Eye, nor be made Matter of Sufpicion and Accufation. HOWEVER, by judging favourably of the Actions of others, and confidering how far Ignorance and Miftake may tempt Men to rebel againft Intereft, we fhall be led to
pity

(ii6)
pity the deluded Authors of Our late popular Tumults and the rather, fmce we may hope the indulgence fhewn them, will make them cautious for the future, and that every one will be thankful, who, by his own Default, fhuts not himfelf out from Favour. Way being now clear for your Confultations, if, out of your further Care and
:

THE

Concern for the Welfare of this Colony, you refolve upon fuch Amendments to this Law, as will remove the Inconveniences that may be urged againft it, don't let the Difficulties which may occur, difcourage you, nor the Faults which may appear in the Complainers
themfelves, difpleafe you.

THE

timely Affiftance the

Law

this

Year

yields our Trade, gives us manifeft Proof

of the Ufefulnefs of it:

Nor can we now be fo ignorant of it's Utility as not to know, be done to this Country, than by negleding to improve it. Injury can't that a greater SUFFER me, therefore, to put you in Mind, that the allowing Matters of Ships the Ufe of their own Men, in carrying Tobacco on Board from the Warehoufes, will greatly
and prove beneficial to the Freighters and Merchants. GIVING fome Eafe to Tenants who pay their Rent in infpedled Tobacco, and alfo a reafonable Abatement for Tobacco Debts, contracted before the Commencement of this Adt, and paid at the Warehoufes, will be worthy your Confideration, as it tends to the Relief of the poor Debtors, and can be no Injuftice to their Creditors. NOR muft I omit recommending to you the Leffening the Charge of the Execution of this Law; which I am perfwaded, by your Prudence may be eflfeAed, without weakening the juft Care which ought to be had Amending the Quality of our Staple.
Gentlemen
of the Hotife of Burgeffes, laft Seffion,

facilitate their Difpatch,

SINCE your

His Majefty has been pleafed, on the Petition of the

Britifh Merchants, to Repeal the Adl you then made, for continuing the Duty on Liquors As the neceffary Occafions of the Colony will, I doubt not, difpofe you to Revive that

the Board

have the Perufal of a Letter I received from one of the Secretaries of which contains the Reafon for that Repeal. I HAVE alfo received from His Majefty, an additional Inftrudlion, prohibiting the Laying any Duty on Slaves to be paid by the Importer; which fhall be laid before you.
Duty, you
fhall

of Trade,

Gentlemen of the Council, and Gentlemen

of the

Houfe

of Burgeffes,

me to commit to your Care proceed to debate of them, and whatever elfe you fhall judge expedient for the People of Virginia, with that Harmony and good Agreement, that may work their Eftablifhment And as they are the Foundation of your future Profperity, which is all the Intereft I have in them, it will be worth your While to confider, that if the Lords of Trade were fo fcrupuloufly tender of the Circumftances of the poor Planters, as, partly on their Accounts, to recommend this Law to a probationary Trial only, you may reafonably expedl, that in any law made for the Advantage of our Commerce, their Lordfhips will be as watchful of the King's Intereft, and be upon their Guard againft any Step prejudicial to the Merchants trading hither. And therefore, fince no Law will be of long Continuance, imlefs it's founded upon thefe Principles, you will, I truft, purfuing the Rules of Juftice, efteem it the greateft Prudence to cherifh and fupport this Law, wherein they are confirmed. BY this Means, whilft we are endeavouring to put our Trade into a flourifhing Condition, we fhall demonftrate to the World, that we are folicitous to pay our Duty to the King, and equally concerned to provide for the Intereft of others, as we are to recover and preferve our own. IF we thus temper our Proceedings, and thereby prevent Complaints at Home, rendering our felves as beneficial to Great-Britain as Maternal Affedlion may demand AS
thefe are
all

the Particulars, at prefent neceffary for


will

and Management,

hope you

of us,

we

fhall

become as happy a People as any upon Earth, and as


'til

fuch,

fit

Subjects

for our

moft amiable Monarch. Ordered, That the Houfe be adjoum'd

To-morrow Morning Ten a Clock.

Friday,

("7)

Friday,

May

19, 1732.
it

AMOTION was made,


Refolved,

for

Reading the Governor's Speech; and

was read by

the Clerk accordingly.

That an humble Addrefs be prefented to the Governor, to return Thanks of this Houfe, for his kind Speech to the Coimcil and this Houfe; and more efpecially for his great Care and Pains in fupporting the Tobacco Law, againft^all the Oppofition it has met with in Great-Britain; to exprefs the Senfe this Houfe has of the Expediency of that Law at this Juncflure, for the Relief of the wretched and deplorable State of the Tobacco Trade; to declare the Contempt and Abhorrence of this Houfe, of the Tumults raifed by a fmall Number of People, that have dared But at the fame Time to to threaten the Execution of this Law by open Violence acknowledge His Honour's Prudence and Lenity in Regard to thofe Offenders; to affure him of the good Difpofition of this Houfe to take all poffible Meafures for removing all juft Occafions of Complaint againft any Part of the Law; and to beg the Continuance of his Affedlion, Zeal, and Vigilance, for the good of the People of this Colony, fo happily conducted by his wife and unexceptionable Adminiftration. Refolved, That a Committee be appointed to draw up an Addrefs to the Governor upon the faid Refolution. And it is referr'd to
the fincere
:

M-' Lee,
M'' Attorney,

MJ Meriwether, and
M''

M'' Eskridge,
M''

Robert Balling.

Speaker acquainted the Houfe, That he had the Letter from one of the Secretaries of the Board of Trade, mentioned in the Governor's Speech.

That the fame do lie on the Table. Refolved, That this Houfe will take the Governor's Speech into Confideration Tomorrow. Two Members retum'd upon a new Writ, having taken the Oaths appointed by Act of Parliament, and the Teft, and Oath of a Burgefs, were admitted to their Places
Ordered,
in the Houfe.

Ordered,

That the Committee

of Privileges

and

Eledlions be Revived, to confift of

the following Perfons


M'' Eskridge,

W Grimes,
M'' Thacker,

WRobinfon, and
M''
;

Randolph.

they are to meet when they think fit and to take into their Confideration all fuch Matters as fhall or may come into Queftion, touching Returns, Ele(5lions, and Privileges; and to report their Proceedings, with their Opinions therein, to the Houfe, from Time to Time And the faid Committee is to have Power to fend for Witneffes, Perfons, and

And

Records, for their Information.


Ordered,

That the Committee

of Propofitions

and Grievances be Reviv'd, to

confift

of the following Perfons:


M'' Attorney-General,

M' Meriwether,
M"'

M"'

Eskridge,
Prefly,

Conway,

M'
M''

M"' Blair,

M'' Daingerfield,

M^ Braxton, M'' Henry Willis,


M'' Digges.

Francis Willis,

M"" Nicholas,

and

And

they are to meet when they think

into their Confideration all


tified to this
;

and to adjourn from Day to Day; and to take Propofitions and Grievances, which fhall come legally cerfit,

Affembly and to report their Proceedings, with their Opinions thereupon to the Houfe, from Time to Time. And all fuch Propofitions and Grievances are to be
delivered

(ii8)
delivered to the Clerk of the Houfe, and by him to the faid Committee, of Courfe And Records, for their the faid Committee are to have Power to fend for Perfons, Papers, and
:

Information.

That M"- Kemp be appointed Clerk to the faid Committee. Ordered, That the Committee for Courts of Juftice be Revived, to
Refolved,

confift of the

following Perfons:
M"' Lee,

W Robinfon, M' Randolph, W Fleming, W Martin, W Walke,


M"'

M-"

Grymes,

M^ Boufh,
M-- Ravenfcroft,

M^ Mead,
M'' Stroiher,

and

Thacker.

take into their Confideration all Matters relating to Courts of Juftice, and their Proceedings; and to infpedl the Journals of the laft Seffion, and to prepare and draw up a State of the Matter then depending

And they are to meet and adjourn from Day to Day; and to

and undetermined, and the Progrefs that was made therein; and to report the fame to the Houfe: And they are aLfo to examine what Laws have expired fmce the laft Seffion, and to infpecft fuch Temporar>^ Laws as will expire with the End of this Seffion; and report the fame to the Houfe, with their Opinions which of them are fit to be Revived or Continued And the Committee are to have Power to fend for Perfons, Papers, and Records, for their Information. Ordered, That M"^ Needier be continued Clerk to the faid Committee. Ordered, That the Committee for Public Claims be Revived, to confift of the fol:

lowing Perfons:
M''

Robert Boiling,

Mr Lawrence Smith, M"' Samuel Harwood, M"' Simmons,


M"' Ball,

M' Surges,
M''

William Harwood,

'W Gray, M'' John Boiling, and


M''

M' Whitehead, And they are to meet when they


to take into their Confideration

Thornton.

find

all

and adjourn from Day to Day; and Public Claims which fhall be prefented to the Houfe
it

neceffary,

during this Seffion; and to report their Proceedings, with their Opinions therein, to the Houfe, when they have gone thro' the faid Claims And all Perfons that have any Claims,
:

are to deliver
of Courfe
:

to the Clerk, and he is to deliver the fame to the faid Committee, they are to have Power to fend for Perfons, Papers, and Records, for their Information. Ordered, That M'' Gary be continued Clerk to the faid Committee. Ordered, That M"' Fountain be continued Chaplain to this Houfe; and that he do

them

And

attend to read Prayers every Morning at Ten a Clock: And that M'' Attorney and M"^ Blair do wait on the Governor and Council, and acquaint them therewith. Ordered, That the feveral Perfons who attended as Door-keepers to this Houfe,
during the
laft Seffion of

Affembly, be continued in their Offices.

Upon a Motion, the Houfe was called over. And the Adt made at the laft Seffion, entituled. An Ad'do difable any Sheriff, or other Perfon, to fit as a Member of the Houfe of Burgeffes, who fhall accept any Office of Profit in this Colony, after his Election; and exernpting the Members of the Houfe of Burgeffes, from being made Sherifs; was read. And the Houfe was acquainted, that feveral of the abfent Members had fer\'ed as Sherifs for feveral Counties, fmce the laft Seffion of Affembly but were now difcharged from their Offices; and waited to know the Pleafure of the Houfe, whether they might
;

take their Places

And

after a Debate, the Queftion

was put,
That

(119)

That any Member of this Houfe, having fince the laft Seffion ferved as a Sherifif, but before the Beginning of this Seffion difcharged from his Office, be by the faid Adt, difabled to lit and vote in this Hovif e ? Refolved, In the Affirmative. Ordered, That a Meffage be fent to the Governor, to defire him to order a new Writ to iffue, for Electing a Burgefs to fer\-e in the prefent General Affembly, for the County
of Elizabeth-City, in the

room

of M"" Robert Armiftead,

who, fmce the

laft Seffion,

hath

ferved as Sheriff for the Covmty of York.


Alfo a
for the

new Writ

County

for Eledling a Burgefs to ferve in this prefent General Affembly, of Effex, in the room of M^ Salvator Mufcoe, who hath, fince the laft

Seffion, ferved as Sheriff for the faid

County.

Alfo a
for the
laft Seffion,

new Writ
of

for Eledling a Burgefs to ferve in this prefent General Affembly,


in the

County

New-Kent,

room

of

M' Richard Richardfon, who,

lince the

hath ferved as Sheriff for the faid County. Alfo a new Writ for Eledling a Burgefs to fer\'e in this prefent General Affembly, for the Coxmty of Warwick, in the room of M'' William Rofcow, who, fince the laft Seffion, hath ferved as Sheriff for the faid County. Alfo a new Writ for Eledling a Burgefs to ferve in this prefent General Affembly,
for the

County

of Middlefex, in the

room

of

hath accepted the Offices of Clerk

of the General Court,

M' Matthew Kemp, who, fince the and Secretary's

laft Seffion,

Office,

and

Clerk of the County of James-City. Alio a new Writ for Eledling a Burgefs to ferve in this prefent General Affembly, for the Coimty of Accomac, in the room of M"' William Andrews, who, fince the laft Seffion,

hath accepted the office of an Infpedlor. Alfo a new Writ for Eledling a Burgefs to ferve in this prefent General Affembly, for the County of Northampton, in the room of M'' Peter Bodoin, who, fince the laft Seffion, hath accepted the Office of an Infpedlor. Alfo a new Writ for Eledling a Burgefs to ferv'e in this prefent General Affembly, for the County of Hanover, in the room of M"" John Syme, deceafed. Alfo a new Writ for Eledling a Burgefs to ferve in the prefent General Affembly,
for the

Coimty

of James-City, in the

Alfo a

new Writ
Coimty

for Eledling

bly, for the

of the I fie

of M"" Jofeph Eggleftone, deceafed. Burgeffes to ferve in this prefent General Affemof Wight, in the room of M"' William Bridger, deceafed,

room

Two

and

of M''

Jofeph Godwin, who, lince the

laft Seffion,

hath accepted the Office of an

Infpedlor.

Ordered, Ordered,

That M"" Meriwether, M'' Daingerfield, and M'' Mead, do carry the faid Meffage. That the Houfe be adjoum'd 'til To-morrow Morning Eleven a Clock.

Saturday,

May

20, 1732.

That the Perfons apointed, had (according to Order) prepared an Addref s to the Governor, upon the Refolution of the Houfe Yefterday and he read the fame in his Place, and afterwards delivered it in at the Table, where it was again twice read, and agreed to by the Houfe, as follows, viz. To the Honourable WUliam Gooch, Efq; His Majefty's Lieutenant-Governor and Commander in Chief, of the Colony and Dominion of Virginia.
L^'^

MR.
SIR,

reported.

His Majefty's moft Loial and Dutiful Subjedls, the Reprefentatives of the People of this Colony, now met in Affembly, do fincerely return You our Thanks, for Your kind Speech to the Coimcil and this Houfe but more efpecially for the great Care and Pains You have taken, in Supporting the Adl paffed at our laft Seffion, for Improving the Staple of Tobacco, againft all the Oppofition it has met with in Great Britain: Wherein we are furprifed to find any There feeming to be
;

WE

affedled

(I20)

Tendemels for the poor Planters, than the whole Legiflature of this Colony, and accufing Our Body of a Defign to opprefs them; when no Hardfhip or Inconvenience can poffibly be laid upon them, which will not be felt by Us, in a greater Degree But it is Matter of great Confolation to us, that this Imputation has made no Impreffion upon His Sacred Majefty, whofe Wifdom and Juftice is very confpicuous, in leaving us to be juftified by Experience: And we perfuade ourfelves, that, as the wretched and deplorable State of the Tobacco Trade, made it neceffary for us to put that it under fome Regulation, no better Expedients can be propofed, than Deftroying Preventing by a careful and World, the Market in any which is not fit to be fold in
affedled with a greater
:

many Frauds that have manifeftly contributed to reduce that Commodity to o low a Price, as caimot defray the Expence of Making it And we flatter ourfelves, that all reafonable Men will be convinced, from the fhort Experience they have had of the Honefty and Impartiality of Thofe who are intrufted with the Execution of this
Infpection, the
:

Law, that thefe Ends will in great Meafure be attain'd, and the Trade reftored to fuch a Condition, as may at leaft enable us to live by it. THE late Tumults, which have been raifed by an inconfiderable Number of ignorant, deluded People, who have dared to threaten the Government with open Violence, is to us a Subjedl of Contempt, as well as Abhorrence, and cannot turn us from our juft Purpofes, nor difcourage us to hope for the Continuance of His Majefty's good Opinion Yet we caimot but acknowledge and approve Your Prudence of our Proceedings. and Lenity, after fuppreffing thofe Diforders by fmgular Diligence and Management, in fuffering the Offenders to attone for their Boldnefs by a peaceable and fubmiffive Deportment, without undergoing any other Punifhment than the Shame and Reproach
of their

are fo well difpofed to give Satisfaftion to every Body, in this important Bufinefs, that nothing fhall be wanting, on our Parts, to amend whatever may appear the leaft Inconvenience, either to the People Here, or the Merchants in Great-Britain, and to remove all juft Occafions of Complaint againft any Part of the Law, which we defire fo fincerely to cherifh and fupport. AND, feeling we have hitherto fucceeded very well in all our Confutations, by Your Affiftance, and the Influence and Credit You have in England, we beg the Continuance of Your Affedtion, Zeal and Vigilance for the Good of this People, fo happily condu<5ted

AND

own Mifdoings. we do affure You, That we

by Your wife and unexceptionable Adminiftration. Ordered, That the faid Addrefs be fairly tranfcribed, and prefented by the whole Houfe And that the Committee who prepared the fame, do wait on the Governor,
:

to

know when he will be attended with

it.

immediately withdrew; and being returned, M' Lee reported, That the Governor was pleafed to fay. He would receive the Addrefs of this Houfe, this Day at Two a Clock, in the Council-Chamber. The Houfe (according to Order) proceeded to take into their Confideration, the Governor's Speech; and the fame was read. Refolved, That a Bill be prepared, for Amending the Adt paffed the laft Seffion,
intituled.

And they

An Ad

for

Amending

the Staple of Tobacco;

and

for preventing

Frauds in His

Majefty's Cuftoms.
Ordered,

That the Committee

for Propofitions

and Grievances, do prepare and bring

in the faid BUI.

Ordered, That the Governor's Speech be referr'd to the faid Committee. Then the Letter from M'' Wheelock, one of the Secretaries of the Board of Trade, mentioned in the Governor's Speech, was read. Refolved, That a Bill be prepared, for Laying a Duty on Liquors imported. Ordered, That the Committee for Coiu-ts of Juftice, do prepare and bring in the
faid Bill.

Ordered,

That the faid

M--

Wheelock's Letter be referr'd to the faid Committee.


Ordered,

(I2l)
Ordered,
'til

That the Further Confideration


next.

of the Governor's Speech, be

adjoum'd

Monday
M''

Speaker reported, That the Houfe had attended the Governor, that he prefented

their Addrefs;

and that the Governor was pleafed

to

make

the following Anfwer

M'

Speaker, and Gentletnen of the Houfe of Burgeffes,


Addrefs, for which I heartily thank
yoti, is

rHIS

very agreeable to the Sentiments

that you encourage me to and good Credit in employ my Offices Great-Britain, for the Service of the People under my Government, I am perfwaded your Conftancy and Unanimity, will fatisfy all thofe who defire to have the fame Abufes eftablifhed, which have heretofore ruined your
at the

I have always had of you;

and

fame Time,

Trade, that their

Hopes are in

vain.
to

THEREFORE,

go on with the fame laudable Refolution,

promote Honefty and fair

Dealing, in this very important Bufinefs of your Staple; and in Time, I don't doubt, you'll obtain thofe Praifes you fo well deferve, even from them who now differ from you in Opinion.
Ordered,
this Hoiife.

That

M''

William Parks have Leave to print the Votes and Proceedings of

'til

Ordered, That M'' Hollier have Leave to be abfent from the Service of the Houfe, Wednefday next. Ordered, That M"' Robinfon have Leave to be abfent 'til Tuefday next, from the

Service of the Houfe.

Motion was made, for the immediate bringing in a Bill, to indemnify the Mafters of Ships from certain Penalties inflidled upon them by the Ad for Amending the Staple of Tobacco; and for preventing Frauds in His Majefty's Cuftoms; for Enabling them, with their Sailors, to carry Tobacco from the Warehoufes on Board their Ships, for the more eafy and fpeedy Loading the fame

And

after a Debate, the Queftion

was

put,

That the
Ordered,

faid Bill be forthwith prepared?

Refolved, in the Affirmative.

M"' Blair,

That M'' Robert Boiling, M' Meriwether, M^ Lee, M'' Francis Willis, and do prepare and bring in the faid Bill. Ordered, That the Houfe be adjoum'd 'til Monday Morning Eleven a Clock.

Monday,

May

22, 1732.
of

ORdered,

That

M"'

Tayloe be

added to the Committee

Propofitions

and

Grievances.

A Petition of
Public Charge.
Refolved,
M''

John Holt, was prefented to the Houfe, and read; praying that

the Bridge over Hog-Ifland Creek, in the Cotmty of Surry,

may

be maintained at the

That the Petition be rejedled. Robert Boiling (according to Order) prefented to the Houfe a
their

Bill,

to enable the

Mafters of Ships to employ and the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. And the fame was read a fecond Time And a Motion being made for an Amendment, to enable the Mafters of Ships to carry Tobacco to the Public Warehoufes as weU as from thence; after a Debate, the Queftion was put. That the faid Amendment be
Sloops, Boats,
Sailors, in
:

own

and

Loading their Ships;

agreed to?
It

paffed in Negative.

Then another Amendment was porpos'd, and agreed to, by the Houfe. Ordered, That the Bill, with the Amendments, be ingroffed.
Ordered,

(l22)
Ordered,
etnploy their

That the

Title of the Bill be,

An Ad

to

enable the Mafters of Ships

to

own Ships, Boats, and

Sailors, in carrying Tobacco

from

the Public

Warehoufes

on board their Ships.


Attorney-General reported, from the Committee of Propofitions and Grievances, That the Committee had had imder their Confideration feveral Propofitions and Grievances from feveral Coimties, and drawn up a State of the fame, with their Opinions
M""

upon fome
read:

of

them; and he delivered the Report

in at the Table,

where

it

was twice

And

thereupon,

That the Propofitions from the Coimties of Lancafter, Prince William, Weftmorland, for the Repeal of the Adl made at the laft Seffion of and King George, Affembly, for Amending the Staple of Tobacco; and for Preventing Frauds in His Majefty's
Refolved,

Cuftoms, be rejedled. Refolved, That the Propofitions from the Counties of Lancafter, Prince William, and Weftmorland, for a Law to be made, enjoining a Stint of the Number of Tobacco
Plants to be tended, inftead of the faid A6t, be rejedted. Refolved, That the Propofition from the County of Weftmorland, That the Tobacco

Infpedors be Eled;ed by the Counties wherein they

officiate,

be rejedled.

Ordered, That the feveral Propofitions from the Counties of Weftmorland and York, for making feveral Alterations and Amendments in the faid Acft, be referr'd to the Committee of Propofitions and Grievances, to be confidered when they fhall prepare

the Bill to

them referr'd for Amending the fame. The Houfe (according to Order) proceeded to take

into their further Confideration

the Governor's Speech.

His Majefty's Additional Inftrudlion, mentioned in the Speech, was read. Then a Motion was made, for bringing in a Bill, to lay a Duty upon Slaves imported, to be paid by fuch Perfons as fhall purchafe the fame here. Refolved, That the Houfe will take the faid Motion into Confideration, on Thurfday

And

next.

employ their Sloops, Boats, and Sailors, in carrying Tobacco from the Public Warehoufes on board their Ships, was read the third Time: And after a Debate, the Queftion was put. That the Bill do pafs?
Bill, intituled.
to

An Ad

enable the Mafters of Ships

to

Refolved, in the Affirmative.

Ordered,

That the Committee who prepared the


'til

Bill,

do carry the fame to the Council;

and

defire their

Concurrence thereto. Ordered, That the Houfe be adjourned

To-morrow Morning Eleven a Clock.

Tuefday,

May

23, 1732.

PETITION of Simon Miller was prefented to the Houfe, and read; praying that an A6t may be paffed, to dock the Entail of Two Hundred Acres of Land, with
the Appurtenances, in the Parifh of Hanover, in the Coimty of

King

George,

devif ed to him and the Heirs of his Body, by his Father Simon Miller, deceafed and for fettling Two Himdred Acres of Land, with the Appurtenances, in the fame Parifh, and Three Negros, of greater Value, to the fame Ufes. Ordered, That Leave be given, to bring in a Bill according to the Prayer of the faid Petition: And that M' Burges, Tayloe, Strother, M' Nicholas Smith, and M' Grymes, do prepare and bring in the fame. A Petition of William Wilfon Homes and Mary his Wife, and Richard Barnes, was prefented to the Houfe, and read praying that an Adl may pafs, for Vefting Two Hundred Acres of Land, with the Appurtenances, in the Parifh of Sittenburn, in the County of Richmond, whereof the faid William and Mary are feifed in Fee-Tail, in the Right of the faid Mary, in the faid Richard in Fee-Simple; and for fettling Two Hun-

dred

(I23)

dred and Fifty Acres of Land, with the Appurtenances, in the County of Spotfylvania, and Two Negro Slaves, of greater Value, whereof the faid Richard Barnes is feifed in Fee Simple, upon the faid William and Mary, with the fame Limitations and

Remainders as the faid Entailed Lands are fettled. Ordered, That Leave be given, to bring in a Bill according to the Prayer of the faid Petition And that M' Tayloe, M' Grymes, Henry Willis, Auguftine Smith, and M'' Strother, do prepare and bring in the fame. M'' Attorney-General reported, from the Committee of Propofitions and Grievances, That the Committee had had under their Confideration, feveral other Propofitions and Grievances from feveral Counties; and had drawn up a State of the fame, with their Opinions there upon and he delivered the report in at the Table, where the fame was
:

twice read:
Refolved,

And

thereupon,

That the Propofitions from the Counties of Accomack, Northampton, Middlefex, Stafford, Richmond, and Surry, for Repealing the A(5t made at the laft Seffion, for Amending the Staple of Tobacco; and preventing Frauds in His Majefty's Cuftoms,

be rejedled.

of Middlefex, for Repealing the Levying Executions, be rejedted. of Refolved, That the Propofition from the County of Surry, for Repealing the Ad making Negros Real Eftate; and the Ad for Explaining and Amending thereof, be rejected. Refolved, That the Propofitions from the Counties of Weftmorland, and Richmond, for a Law to be paffed, to prevent the Meeting and Confpiring of Convi(fls imported into this Colony; to encourage Mafters to difcover the Crimes by them committed, and to bring them to Punifhment; and for Trying Convids for Capital and other Crimes, in the Counties where'the fame fhall be committed, be rejedted.

Refolved,

That the Propofition from the County

Ad

direding the

Manner

of Surry and Richmond, for at the laft Seffion of Affembly, for Ainending the Staple of Tobacco; and for preventing Frauds in His Majefty's Cuftoms, be referr'd to the Committee

Ordered,

That the Propofitions from the Counties

Amending the A6t made

of Propofitions

and Grievances, to be confider'd when they

fhall

have under their Con-

fideration the Bill order'd to be prepar'd for

Amending the

faid A(5l.

Ordered,
in

Bill,

of Propofitions and Grievances, do prepare and bring Killing the of Crows and Squirrels. to encourage

That the Committee

M"^ Robert Boiling, from the Committee for Public Claims, informed the Houfe, That the Committee had had under their Confideration, a Claim of Mofs Armiftead, from the County of Elizabeth-City, for a Negro Man, valued at Forty Pounds, who was purfued by a Party of the Militia order'd to patroll, and was drown 'd in flying from them. Alfo a Claim from the County of King George, for Tobacco which was loft in one of the Public Warehoufes lately burnt in that Coimty; and that the Committee defired the Direction of the Houfe therein And thereupon. Ordered, That it be an Inftruc5tion to the faid Committee, to allow the Claim of the faid Mofs Armiftead. Ordered, That it be an Inftrudtion to the faid Committee, to allow the faid Claim, for Tobacco burnt in one of the Public Warehouses, in the Public Levy. Ordered, That the Houfe be adjourn 'd 'til To-morrow Morning Eleven a Clock.
:

fFednefday,

May

24, 1732.

William Brown, of the County of Surrey, Gent, was prefented to the Houfe, and read; fetting forth, That he hath for many Years carried on a Trade of Cutting Tobacco, except during the Time that the Importation of ftemm'd Tobacco was prohibited; and that upon the Execution of the Adl, for Amending the Staple of Tobacco, the Infpedlors conceive themfelves not authorifed to pafs fuch Tobacco, how good or Merchantable foever it may be, to his ver>' great Lofs and Prejudice; and praying Relief therein.
of

PETITION

Ordered,

("4)
That the faid Petition be referr'd to the Committee of Propofitions and that they do provide for the Petitioner's Cafe, in the Bill under their and Grievances; Confideration, for Amending the A(5l, for Amending the Staple of Tobacco; and for preventing Frauds in His Majefty's Cuftoms. A Petition of the Veftry of the Parifh of St. Mark, in the Covmty of Spotfylvania, was prefented to the Houfe, and read; fetting forth, That between the Time of Paffing the A(ft, for dividing the Parifh of St. George, and the Firft Day of January, 1730, the Veftry of that Parifh did levy upon the Parifhioners of St. Mark, Eleven Thoufand Eight Hvmdred and Ninety Eight Pounds of Tobacco, for Building a Glebe-Houfe, and refufe to repay the fame to the faid Parifh; and praying that a Bill may be paffed, to oblige St. George's Parifh, to refund the faid Tobacco to the Parifh of St. Mark. Ordered, That Leave be given to bring in a Bill, according to the Prayer of the faid Petition; and that the Members for the County of Spotfylvania, do prepare and bring in
Ordered,

the fame.

was prefented to the Houfe, and read; praying that be given, to bring in a Bill, to dock the Entail of Three Hundred Acres of Land, with the Appurtenances, whereof he ftands feifed, in the Parifh of Wafhington, in the Coimty of Weftmoreland, and to veft the fame in John Wafhington, of the County of Glocefter, Gent, in Fee-Simple; and to fettle Two Hundred Acres of Land, with the
Petition of George Weedon,

Leave

may

Appurtenances, in the fame Parifh, of greater Value, and more convenient to the Petitioner, whereof the faid John Wafhington, is feifed in Fee-Simple, upon the Petitioner, to the Ufes mentioned in the laft Will and Teftament of George Weedon, the Petitioner's Grandfather, whereby the faid Three Hvmdred Acres of Land were Entailed purf uant
;

an Agreement made between the Petitioner and the faid John Wafhington. Ordered, That Leave be given to bring in a Bill according to the Prayer of the faid Petition: And that M' Eskridge, M'' Lee, M' Thornton, M' Tayloe, and M"' Grymes, do prepare and bring in the fame. M"" Attorney-General reported, from the Committee of Propofitions and Grievances, That the Committee had had under their Confideration, feveral other Propofitions and Grievances from feveral Counties; and agreed upon a Report, which he delivered in at the Table, where the fame was twice read And thereupon. Ordered, That a Bill be brought in, to reftrain the Number of breeding Mares going at Large and that the Committee of Propofitions and Grievances do prepare and bring
to
: ;

in the fame.

Ordered,

That a

Bill

be brought

in,

for Dividing the

County
that the

of

entire Parifhes, to be divided

by

Totafkey-Cvee^c:

And

Richmond into Two Members for the faid

County, do prepare and bring in the faid Bill. Ordered, That a Bill be brought in. For appointing the Day for holding the County Court of Richmond, upon the firft Monday in every Month and that the Members for the faid County, do prepare and bring in the fame.
;

faid Bill, for Altering the

be an Inftrudlion to the faid Committee, to add a Claufe to the Days for holding Weftmorland County Court, from the laft Wednefday, to the laft Tuefday, in every Month. Refolved, That the Propofition from the Coimty of Spotfylvania, for Regulating the Pradlice of Phific, and to prevent Abufes therein, be rejedled.
Ordered,
it

That

Refolved, That the Propofition from the Coimty of Prince William, for paffing a Law, to prevent the unlawful Killing of Cattle, Hogs, and Sheep, be rejedled.

Ordered, That the Propofitions from the Counties of Prince-William and Spotfylvania, for Dividing the faid Counties, be referr'd to the Confideration of the next Seffion of

Affembly.
Ordered,

Spotfylvania,

That a Bill be brought in, for Removing the Court-Houfe of the Coimty of from Germanna And that the Members for that County, do prepare and
:

bring in the fame.


Ordered,

(125)

be an Inftru(5lion to the faid Committee, to add a Claufe to the Bill, Lower Coimty to reimburfe the Upper Building the New Court-Houfe and Prifon. County their Proportion of the Charge of Ordered, That a Bill be brought in, for Dividing the Parifh of Hamilton, in the Coimty of Prince William, into Two Parifhes; and the Parifh of Hanover, in the County of King George, into Two Parifhes And that the Members for the faid Counties, do preOrdered,

That

it

in Cafe the Cotinty fhall be divided, to oblige the

pare and bring in the faid Bill. A Bill for Laying a Duty upon Liquors, was prefented to the Houfe, and read. Ordered, That the faid Bill be read a fecond Time on Friday next. The Houfe was informed by one of the Members, That the Petition of this Houfe, at the laft Seffion, to the King, in Relation to the Northern-Neck Grant, was by fome

and had not been prefented to His Majefty: And thereupon, That the faid Petition, with a Duplicate thereof, be ingroffed; and that a Meffage be fent to the Governor, to defire him to Order the Seal of the Colony to be fixed thereto; to tranfmit the fame, and to procure one of them to be prefented to His Majefty. Ordered, That M'' Lee, and all the Members for the Northern-Neck, do wait on the Governor with the faid Meffage. Refolved, That this Houfe ftand engaged, to Contribute the Sum of One Htmdred and Fifty Povmds Sterling, towards Defraying the Expence of Soliciting the faid PeAccident
loft,

Ordered,

tition,

purfuant to a Refolution of the laft Seffion. Ordered, That the Houfe be adjourn 'd 'til To-morrow Morning Eleven a Clock.

Thurfday,

May

25, 1732.

A
this

MESSAGE

M"' Robertfon, That they have made an AmendAdt ment to the Bill, intituled. An to enable the Mafters of Ships to employ their o-wti Sloops, Boats, and Sailors, in carrying Tobacco from the Public Warehoufes, on board their Ships: To which they defire the Concurrence of

from the Coimcil, by

Amendment was read; and after a Debate, and the Queftion put thereupon, was agreed to by the Houfe, with an Amendment. Lee, Tayloe, and M"" Stith, do carry the Ordered, That M'' Conway, M"' Burges, Bill, with the Amendment, to theCoimcil, and acquaint them, that this Houfe hath agreed

Houfe. And the

to the

Amendment by them made

to the faid

Bill,

with an

Amendment and
;

defire their

Concurrence thereto. The Houfe proceeded (according to Order) to take into Confideration the Motion made laft Monday, for bringing in a Bill, to lay a Duty upon Slaves imported, to be paid

by the Purchafers; And thereupon, Ordered, That a Bill be brought in, for Laying a Duty of Twenty Shillings per Poll upon Slaves imported, to be paid by the Buyers And that the Committee for Courts of Juftice, do prepare and bring in the faid Bill. Ordered, That His Majefty's additional Inftrudion, mentioned in the Governor's
:

Speech, be referred to the faid Committee.

The Houfe being informed, That feveral Infpedlors had complain 'd of the Want of Room, and other Conveniences in the Public Warehoufes, appointed for the Infpeftion
of

Tobacco.
Ordered,

That
to

it

be an Inftrudlion, to the Committee appointed to prepare and

the A6t, for Amending the Staple of Tobacco; and for preventing Frauds in his Majefty's Cuftoms, to confider and provide for the Matter of the faid

bring in a

Bill,

amend

Complaint.

Meffage from the Council, by M-- Robertfon: That they cannot agree to the Amendment propofed by this Houfe, to the Amendment made by them to the Bill, intituled. An Adl to enable the Mafters of Ships, to employ their

own

: ;

(126)

own

Sloops, Boats,

and

Sailors, in carrying

board their Ships; and any Amendment.


Refolved,

defire the

Tobacco from the Public Warehoufes on Concurrence of this Houfe to their Amendment, without

Houfe doth recede from the Amendment by them propofed to the Amendment made by the Coimcil, to the faid Bill. Ordered, That a Meffage be fent to the Council, to acquaint them. That this Houfe hath agreed to the Amendment by them made to the faid Bill, without any Amendment And that the Committee who prepared the faid Bill, do go up with the faid Meffage. Ordered, That the Houfe be adjourn 'd 'til To-morrow Morning Eleven a Clock.
That
this

Friday,

May

26, 1732.

from the Governor, was delivered by M^ Robert fon: M' Speaker, The Governor commands the immediate Attendance of this Houfe in the Council-Chamber; and that you bring with you fuch Bills as are ready for His A ffent. And M' Speaker, with the Houfe, went up accordingly: And being return 'd, he reported. That the Houfe had attended the Governor; and that He was pleafed to give his Affent to the Bill, intituled, An Ad to enable the Mafters of Ships to employ their own Sloops, Boats, and Sailors, in Carrying Tobacco from the Public Warehoufes, on Board
their Ships.

A
A

MESSAGE

was prefented to the Houfe, and read; fetting Hundred Acres of Land, with the Appurforth. That he tenances, in the Parifh of St. Anne, in the County of Effex, adjoining to certain Lands of John Tayloe, Efq; that the faid John Tayloe is willing to give him other Lands and Negros, of far greater Value, for thefe Lands; that the fame will be of very great Advantage to the Petitioner, who holds other large Tracts of entail'd Lands, and being in low Circumftances, has no Means to improve them, and a great Family to maintain and praying That an Adl may pafs to cut off the faid Entail, and to fettle the other Lands and Negros aforefaid, to the fame Ufes.
Petition of Francis Goiildman,
is feifed in Fee-Tail of Six

That Leave be given, to bring in a Bill according to the Prayer of the McCarty, M"' Braxton, and M'' that M"" Daingerfield, M"' Hedgman, Nicholas Smith, do prepare and bring in the fame. A Motion was made, for Calling over the Houfe, and it was called over accordingly; and the abfent Members were excufed. A Bill for Laying a Duty upon Liquors, was read the fecond Time. A Motion was made for an Amendment to the Bill, to make the Duty Three Pence per Gallon, inftead of Two Pence And after a Debate, The Queftion was put, That the faid Amendment be made?
Ordered,
Petition:

And

Refolved, in the Affirmative.

And

other

Amendments were

propofed.

That the Bill be committed to the Committee who prepared it. Then a Motion was made, for Laying a further Duty, of Two Pence per Gallon, upon Rum made in New-England, which fhall be imported into this Colony And after
Ordered,
:

a Debate, The Queftion was put. That a


It

Bill

be brought in for that Purpofe?

paffed in the Negative.

Ordered,
for

That Leave be given to bring

Term

of their

that M' Tayloe,


bring in the faid
Ordered,
'til

own
Bill.

in a Bill, to prevent fuch as hold any Slaves any other Perfon, from mif ufmg them And Meriwether, M' Attorney General, and M"" Conway, do prepare and

Lives, or the Life of

That

M''

Simmons, have Leave to be abfent from the Service


'till

of the

Houfe

Tuefday next.
Ordered,

That the Houfe be adjourn 'd

To-morrow Morning Eleven a Clock.

Saturday,

(I27)

Saturday,

May

27, 1732.

MR.

Cottrts of Juftice reported, That the Committee had (according to Order) infpe(5led the Journals of the lait Seffion, and examined the Tempory Laws, and agreed upon a Report which he read in his Place, and afterwards delivered it in at the Table, where the fame was

Lee,

from the Committee for

again twice read

And

after a Debate,

be prepared, for Eftablifhing Quarterly Courts? It paffed in the Negative. prepared, Bill be for Settling That a Ordered, a Ferry, at James Hockley's, Plantation, in the Coimty of King George, over Rappahanock River, to Mo/i's-Neck, in the County of Caroline; and a Ferry from 5ermMda-Hundred, in the County of Henrico, to the Cityput,
Bill

The Queftion was

That a

and from the City -Point, to 5/if>/^)'-Hundred, in the County and a Ferry from the Land of Stephen Woodfon, in the Coimty of Goochland, over James-River, to the Maa^in-Town. Ordered, That the Committee of Propofitions and Grievances, do prepare and bring
Point, in the
of Prince-George; of Charles-City;

County

in the faid Bill.

be prepared, for Continuing the Ad; to prevent Delays in Courts and better fettling Proceedings in the General-Court; and for the more fpeedy and eafy Recovery of fmall Debts; and for Repealing an Adl, for obliging Attorneys profecuting Suits in Behalf of Perfons out of the Coimtry, to give Security for paying all Cofts and Damages; and declaring in what Manner Security fhall thereafter be given.
Ordered,
Bill

That a

of Juftice; for expediting

Ordered,
Bill.

That the Committee

for Courts of Juftice,

do prepare and bring

in the faid

Ordered, That it be an Inftrudlion to the faid Committee, to add one Claufe, or more, to the faid Bill, for Impowering any Judge or Juftice of the General-Court, when the faid Court is not Sitting, to take Bail; and to oblige the Defendants, in any Action, wherein a Plea in Abatement fhall be Pleaded and Over-ruled, to pay the Plaintifs Coft, to the Time of Over-ruling fuch Plea. Ordered, That the Report of the faid Committee, be further confidered on Wednefday

next.

Lee reported, from the Committee, to whom the Bill for laying a Duty on was committed, feveral Amendments made to the Bill; which he read in his Place, and afterwards delivered the Bill, with the Amendments, in at the Table. And the Amendments were twice feverally read, and one of them was difagreed to, and the reft were agreed to, with an Amendment to one of them by the Houfe. And another Amendment was made by the Houfe, to the Bill. Ordered, That the Bill, with the Amendments, be ingroffed. Ordered, That the Houfe be adjoum'd 'til Monday Morning Eleven a Clock.
M"'

Liquors,

Monday,

May

29, 1732.

ences have arifen between them, touching their refpedive Rights to certain Lands, Tenements, and Hereditaments, with the Appurtenances, whereof David Bray the Elder, and David Bray the Younger, late of the County of James City, Efqrs. deceafed, feverally died feifed; the faid Thomas claiming under the laft Will of

PETITION
Efqrs.

of Thomas Bray, and John Randolph, of the City of Williamfburg, was prefented to the Houfe, and read; fetting forth, That certain Differ-

David Bray the Elder, and the faid John under the laft Will of David Bray the Younger That for fettling and determining thofe Diiferences, they have come to an Agreement; and praying Leave to bring in a Bill, to confirm and eftablifh that Agreement.
Ordered,

. ; ;

(128)
Ordered,

Petition

That Leave be given to bring in a Bill, according to the Prayer of the faid Robinfon, and M-- Robert Boiling, do prepare and bring in And that M' Lee,

the fame.

Bill, intituled,

An Ad

for laying a

Duty upon Liquors, was read the third Time


Bill,

And an Amendment was made


Refolved,

to the

at the Table.

That the Bill do pafs. Ordered, That the Committee who prepared the

Bill,

do carry the fame to the Council

Concurrence thereto. M'' Baffet be added to the Committee of Propofitions and Grievances. to Order) prefented to the Houfe a Bill, for vefting Two (according Burges M-Hundred Acres of Land, with the Appurtenances, in the Parifh of Hanover, in the County of King George, whereof Simon Miller is feifed in Fee-Tail, in Thomas Turner, in Fee-Simple; and for fettling other Lands and Negros of greater Value, to the fame

and

delire their

Ordered,

That

Ufes:

And

the fame was received, and read the

firft

Time.

That the Bill be read a fecond Time. Tayloe (according to Order) prefented to the Houfe a Bill, for vefting Two Hundred Acres of Land, with the Appurtenances, in the Parifh of Sittenburn, in the
Ordered,
M"'

Richmond, whereof William Wilfon Homes, and Mary his Wife, in Right of the faid Mary, are feifed in Fee-Tail, in Richard Barnes, in Fee-Simple; and for fettling other Lands and Negros, of greater Value, to the fame Ufes: And the fame was re-

County

of

ceived,

and read the firft Time. Ordered, That the Bill be read a fecond Time.

of

M'' Eskridge (according to Order) prefented a Bill, for vefting Three Hundred Acres Land, with the Appurtenances, in the Parifh of Wafhington, in the County of Weftmorland, whereof George Weedon is feifed in Fee-Tail, in John Wafhington, Gent, in Fee-Simple; and for fettling other Lands, of greater Value, to the fame Ufes: And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. M''

Attorney-General reported, from the Committee of Propofitions

that the Committee

had had under

their Confideration feveral other Propofitions

and Grievances, and

Grievances, from feveral Counties, and

of the fame, with their Report Table. in at the Opinions thereupon; and he delivered the Refolved, That the Propofitions from the Counties of Northumberland, and Hanover,

drawn up a State

to repeal the

Ad for Amending

the Staple of Tobacco;

and

for Reftraining the Plant-

ing of Tobacco, be Rejedled.


Refolved,

Com, Wheat,
of Debts, in

Executions

That the Propofition from the County of Hanover, for fettling a Price upon Peafe, Beans, Pork, Beef, Hemp, Flax, and Cotton, and for the Paiment thofe Commodities; for Repealing the Ad direding the Manner of levying and for Altering the Method of paying for Negros executed for Capital

Offences, be Rejedled. Refolved, That the Propofition from the County of Weftmorland, to allow Tenants a Liberty of paying Tobacco-Rents, in Indian-Corn and Wheat, be Rejedled. Ordered, That the Propofition from the County of Stafford, That the Infpedtors be not obliged to prife Tobacco, and pay the fame in Hogfheads of Eight Hundred Nett and may be allowed Time for Paiment of their Notes; be referred to the Confideration of the Committee appointed to prepare a Bill to amend the Ad for Amending the Staple
of

Tobacco.

Refolved, That the Propofition from the County of Hanover, That Infpedtors may be chofen by the Freeholders, or nominated by the County Courts, be Rejedled. Refolved, That the Tobacco Infpedtors, ought not to convert the Tobacco by them drawn out of the Hogfheads, to their own Ufe.

Ordered,

That the Propofition from the faid County,

for Leffening the Salaries of the

Infpe<aors, be referr'd to the Confideration of the Committee appointed to prepare the faid Bill, to amend the Adl for Amending the Staple of Tobacco.

Ordered,

(l29)
Ordered,

That a

Bill

be brought

in,

to prevent frivolous

to regulate Attorneys practicing at the

and vexatious Suits; and County Courts; and that the Committee for

Courts of Juftice, do prepare and bring in the fame. Ordered, That the faid Report of the Committee of Propofitions and Grievances, be referr'd to the faid Committee. Ordered, That it be an Inftrudlion to the Committee to whom it is referr'd to pre-

pare and bring in a Bill, for Settling feveral Ferries over Rappahanock, and James Rivers, to add one or more Claufes to the Bill, for appointing feveral other Ferries over Rappahanock-River, at Thomas Stanton's, at Philemon Cavenaugh's Ford, and Norntent's-Yord.

Ordered,
of Stafford,

That the Propofition from the Veftry of St. Paul's Parifh, in the Coimty for Dividing that County into Two equal Parifhes, be referr'd to the ConThat the Houfe be adjoum'd
'til

fideration of the next Seflion of Affembly.

Ordered,

To-morrow Morning Eleven a

Clock.

Tuefday,

May

30, 1732.

That the Committee had had under their Confideration, feveral other Propofitions and Grievances, from feveral Counties, and drawn up a State of the fame, with their Opinions thereon; and he delivered the Report in at the Table, where the fame was read. A Petition of John Allen, of the County of Surry, Gent, was prefented to the Houfe, and read; praying Leave to bring in a Bill, to dock the Entail of certain Lands, in the County of Surry; and for Settling other Lands of greater Value, to the fame Ufes. Ordered, That Leave be given to bring in a Bill, according to the Prayer of the Petition; and that M'' Gray, M' Simmons, M" Robert Boiling, M' Ravenfcroft, and M' Samuel Harwood, do prepare and bring in the fame. An Account of the Money put into the Hands of Henry Harrifon, Efq; and John Allen, Gent, by Adt of Affembly, for Building a Church, Court-Houfe, Prifon, Stocks, and Pillory, in the County of Brunfwick; was prefented to the Houfe, and read: Ordered, That the faid Accoimt, do lie on the Table. The Houfe being informed, by the Members for the County of Brunfwick, That it appears by a Refolution of the Houfe, at the laft Seffion, That the Sum of Two Himdred and Thirty Nine Potmds Seventeen Shillings, remained in the Hands of Col. Spotfwood, which ought to be laid out for Arms, to be diftributed among the Inhabitants of the faid County, purfuant to an Adt of Affembly, made in the Year 1720, for Ereding the Counties of Spotfylvania and Brunfwick; and that no Arms had been diftributed among the Inhabitants of the faid Coimty, purfuant to that Refolution A Motion was made, to confider that Matter; and after a Debate, and the Queftion put thereupon, Refolved, That Henry Harrifon, Efq; Lieutenant of the County of Brunfwick, be impowered to Demand and Receive of Col. Spotfwood, the faid Sum of Two Himdred and Thirty Nine Potmds Seventeen Shillings, or Arms to the Value thereof. Ordered, That the Speaker of this Houfe do forthwith give Notice to Col. Spotfwood, of the faid Refolution; and defire his Anfwer thereunto. The Houfe proceeded to take into their Confideration, the faid Report of the Committee of Propofitions and Grievances; and the fame was read: After a Debate, the Queftion was put. That a Bill be prepared, to Reftrain the Planting of Tobacco to Five Thoufand Plants
ances,
:

MR.

Attorney-General reported, from the Committee of Propofitions and Griev-

for a Tithable?
It paffed in the Negative. and the Queftion was Report; Then a Debate arofe upon another Part of the faid

put, ^

That

(i3o)

That a Bill be prepared, for Repealing the Act, Explaining and Amending making Negros real Eftales f
It

the

Ad,

paffed in the Negative.

Refolved, That the Propofition from King and Queen County, for allowing Mafters of Ships and other Veffels, the Liberty of Fetching Tobacco from the Freighters or Planters Houfes; for reviewing Tobacco after it has been refufed by the Infpedlors and for allowing the Owners of Tobacco when it is refufed, to carry it Home and pick it over,
;

be Rejefted.
Refolved, That the Propofition from the Cotmty of Charles-City, to oblige thofe Counties only in the Northern-Neck, where the Public Warehoufes were burnt, to make good the Lofs, be Rejected. Refolved, That the Propofition from the County of Jatnes-City, for appointing a

Public WarehOufe for Tobacco, at M"' William Brown's Landing, upon ChickohominyRiver, be Rejedled,
Ordered,

That the Grievance from Effex Coimty,

in Relation to the inconvenient

Situation of

Two

of the Public

Warehoufes, in that County, be referr'd to the ConBill,

fideration of the

Committee appointed to prepare a


Bill

to

Amend

the

A<51, for

Amend-

ing the Staple of Tobacco.


Ordered,

That a

be brought

in,

for fettling the

And

that the Committee for Courts of Juftice do prepare


Ordered,

Method of Proving Book Debts and bring in the fame.

That a Bill be brought in, for pulling down Wooden Chimneys, in the Towns of Southampton and Norfolk; and to prevent the Building of others for the future: And that M'' Blair, M"" Eskridge, and M'' Boufli, do prepare and bring in the faid Bill. Ordered, That the Report of the faid Committee, upon the Propofition from the faid Town of Southampton, be referr'd to the Committee appointed to prepare and
bring in the faid
Ordered,
Bill.

That the Report

of the faid

Committee, upon the Propofition from Charles-

City County, for Settling a new Method of Paying Levies and Officers Fees, be confidered To-morrow. Ordered, That the Houfe be adjoum'd 'til To-morrow Morning Eleven a Clock.

ff^ednefday,

May

31, 1732.

BILL

Two Hundred Acres of Land, with the Appurtenances, in the Parifh of Sittenburn, in the Coimty of Richmond, whereof William Wilfon
for vefting
in

Homes, and Mary his Wife,

Right of the faid Mary, are

feifed in Fee-Tail,

Lands and Negros, fame Ufes; was read the fecond Time. Ordered, That the Bill be committed to the Committee who prepared the fame; and that they do examine the Allegations therein, and report the Matter as it fhall
for fettling other
of greater Value, to the

in Richard Barnes, in Fee-Simple;

and

appear to them, to the Houfe. A Bill for vefting Three Hundred Acres of Land, with the Appurtenances, in the Parifh of Wafhington, in the County of Weftmorland, whereof George Weedon is feifed,

John Wafhington, Gent, in Fee-Simple; and for fettling other Lands, fame Ufes; was read the fecond Time. Ordered, That the Bill be committed to the Committee who prepared the fame; and that they do examine the Allegations therein, and report the Matter as it fhall
in Fee-Tail, in

of greater Value, to the

appear to them, to the Houfe. M' Lee prefented to the Houfe (according to Order) a Bill to continue and make perpetual, an A(5l therein mentioned; and for Impowering any Judge of the GeneralCourt, to take Bail when the faid Court is not Sitting; and to oblige Defendants to pay Cofts upon Over-ruling a Plea in Abatement.
Alfo

(i3i)
Bill, for Laying a Duty upon Slaves, to be paid by the Buyers: And the faid were received, and feveraUy read the firft Time. Ordered, That the faid Bills be read a fecond Time. A Petition of Richard Coleman, William Thornton, and Francis Thornton, was prefented to the Houfe, and read; fetting forth. That they being feverally feifed in FeeTail, of Three Parcels of Land, had convey'd the fame to each other, in Exchange, and are defirous to have the fame confirm'd, and to fettle their refpedlive Eftates therein, with feveral Negros, to the fame Ufes And praying, that Leave may be given to bring in a Bill for that Purpofe. Ordered, That Leave be given, to bring in a Bill according to the Prayer of the faid And that M'' Robert Boiling, M"' Francis Willis, and M'' Meriwether, do prepare Petition

Alfo a

Bills

and bring

in the fame.

Member of this Houfe, was prefented to read; fetting forth. That being Major of the Militia, in the County of the Houfe, and Spotfylvania, he had the Care and Cuftody of a certain Quantity of Arms and AmmuniPetition of Augiiftine Smith, Gent, a

County; that feveral Barrels of Powder, by Accident took Fire, whereby he loft all his Houfehold Goods, and had a yoimg blew up his Houfe, and Negro Woman vSlave killed; and praying the Confideration of the Houfe therein, and that he may be relieved as the Houfe fhall think fit. Ordered, That the faid Petition, be referr'd to the Confideration of the Committee for Public Claims; and that they do examine the Matter thereof, and report the fame, with their Opinion therein, to the Houfe.
tion belonging to that

That the further Confideration of the Report of the Committee for Courts of Juftice, and of the Report of the Committee of Propofitions, put off 'til To-day, be further put off 'til To-morrow. Ordered, That the Houfe be adjoum'd 'til To-morrow Morning Eleven a Clock.
Ordered,

Thurfday, June

1732.
Executors of the
laft

PETITION
Teftament
read;

of Robert Carter, Efq; of

One

of the

Will and

Mann

Page, Efq;

deceafed,

was prefented

to the Houfe,
is

and

fetting forth.

That the Eftate

of the faid

Mann

Page,

incumber'd
Intereft, at
in

with very great Debts;


the Rate of Four per Cent, per

that the Executors are obliged to

pay

Annum,

for great part of thofe Debts, to

Merchants

Credit of the Eftate, to difcharge fuch Debts:

would be a great Advantage to the Orphans, to raife Money upon the And praying Leave to bring in a Bill, to entitle him to Intereft, after the Rate of Four per Cent, per Annum, for all Sums of Money, which he fhall from Time to Time advance for that Purpofe; and to charge the faid Eftate with the Repaiment of fuch Principal Money and Intereft. Ordered, That Leave be given to bring in a Bill, according to the Prayer of the faid Francis Willis, and M"" Meriwether, do prepare and Petition And that M'' Eskridge,
London; that
it
:

bring in the fame.


M"" Attorney-General reported, from the Committee of Propofitions and Grievances, That the Committee had had under their Confideration, a Propofition from the upper Inhabitants of the Parifh of Briftol, in the County of Prince George, for the Divifion of that Parifh and that they were come to a Refolution thereupon which he delivered in at the Table, and the fame was read, and agreed to by the Houfe, as follows: Refolved, That the faid Propofition, be referr'd to the Confideration of the next
; ;

Seffion of Affembly.

W Attorney-General

alfo reported, from the faid

their Confideration, the Petition of William


Difficulties in the Matter,

Committee, That they had had imder Brown, to them referr'd; and finding many

pray'd the Diredlion of the Houfe therein.

Then

(132)

Then a
gines

Petition of William Woodford, of the


;

County

the Houfe, and read alledging, That he has been at and other Things, for Cutting Tobacco; that the Infpedlors of Tobacco, fcruple

was prefented to Engreat Expence,


of Caroline,
in providing

paffing fome that he has already

manufa(5lured
Bill

and praying ReUef therein: And


be brought
in,

after

a Debate, The Queftion was put, That a feparate to be infpe(5led and exported?

for allowing cut

Tobacco

Refolved, in the Affirmative.

Ordered, That the faid Committee do prepare and bring in the Bill and that it be an Inftrudlion to the Committee, to provide a Claufe, to oblige the Cutters of Tobacco
;

to cut none but infpe(5led Tobacco. A Bill to continue and make perpetual,

an Adl therein mentioned; and for impower-

ing any Judge of the General -Court to take Bail when the faid Court is not fitting, and to oblige Defendants to pay Cofts upon Over-ruling a Plea in Abatement, was read

a fecond Time; and an Addition was made to the Title and End of the Bill. Ordered, That the Bill, with the Addition, be ingroffed. A Bill for laying a Duty upon Slaves, to be paid by the Buyers, was read the fecond

Time.
Ordered,

That the Bill be committed to the Committee who prepared it. Motion was made. That it be an Inftrudlion to the Committee, to make the
:

per Cent, ad valorem, inftead of the Duty as it now ftands in the Bill And a Debate arofe thereupon. And the Queftion was put, That it be an Inftrudlion to the Committee, to lay the

Duty Five

Duty ad

valorem.
Refolved, in the Affirmative.

A Bill for vefting Two Himdred Acres of Land, with the Appurtenances, in the Parifh of Hanover, in the County of King George, whereof Simon Miller is feifed in FeeTail, in Thomas Turner, in Fee-Simple; and for fettling other Lands and Negros, of greater Value, to the fame Ufes; was read the fecond Time: And a Petition of Thomas Hoard and Jane his Wife, was prefented to the Houfe, and read alledging. That the Reverfion in Fee-Simple, of the Lands in the faid Bill mentioned, expedlant upon the Eftate-Tail, is vefted in the faid Jane; and that the Lands and Negros propofed to be fettled in Lieu of the entailed Lands, are not an Equivalent; and praying that no Bill maypafs, to dock the Entail, without their Confent. Ordered, That the Bill be committed to the Committee who prepared the faid Bill; and that they do examine the Allegations of the Bill, together with the Matter of the faid Petition and report the fame, as it fhall appear to them, to the Houfe. Ordered, That the Matters put ofE to be confidered To-day, be further put off 'til To-morrow. Ordered, That the Houfe be adjourn'd 'til To-morrow Morning Eleven a Clock.
; ;

Friday, June 2, 1732.

ORDERED, That M' Crafford have


Houfe
'til

Leave to be abfent from the Service of the Wednefday next. Ordered, That it be an Inftrudlion to the Committee to whom it is referr'd to bring in a Bill for the appointing feveral new Ferries, to add a Claufe to the Bill, for appointing a Ferry from John Roy's Plantation, in the County of Caroline, over Rappahanock River, to the Landing oppofite thereto, in the County of King George. A Bill, intituled, An Ad to continue and make perpetual, an Ad therein mentioned; and for impowering any Judge of the General-Court to take Bail when the faid Court is not fitting; and to oblige Defendants to pay Cofts upon Over -ruling a Plea in Abatement; and for allowing any Perfon to plead feveral Matters, was read the third Time. Refolved, That the Bill do pafs.
Ordered,

(i33)
Ordered,

That the Committee

for Courts of Juftice,

do carry the

Bill to

the Council

and

defire their
M''

Concurrence thereto.

Eskridge reported, That the Committee to

whom

the Bill for vefting Three

Hundred Acres of Land, with the Appurtenances, in the Parifh of Wafhington, in the Coimty of Weftmoreland, whereof George Weedon is feifed in Fee -Tail, in John Wafhington, Gent, in Fee-Simple; and fettling other Lands of greater Value, to the fame Ufes, was committed; had examined the Allegations of the Bill, and foimd the fame to be
true.

Ordered,

That the

Bill

be ingroffed.

whom the Bill for vefting Three Hundred Acres of Land, with the Appurtenances, in the Parifh of Hanover, in the County of King George, whereof Simon Miller is feifed in Fee-Tail, in Thomas Turner, in FeeSimple; and for fettling other Lands and Negros, of greater Value, to the fame Ufes;
M"" Biirges reported,

That the Committee to

had examined the Allegations of the Bill, and foxmd the fame to be true. That the Committee had alio examined the Matter of the Petition of Thomas Hoard and Jane his Wife, againft the faid Bill to them referr'd; and are of Opinion, that the Allegations of the faid Petition are groundlefs After a Debate the Queftion was put. That the Houfe do agree to the Report of the faid Committee ?
:

Refolved, In the Affirmative.

be ingroffed. M' Lee reported, from the Committee to whom the Bill for Laying a Duty upon Slaves to be paid by the Buyers, was committed, That the Committee had made feveral Amendments to the Bill, which he read in his Place; and afterwards delivered the Bill, with the Amendments, in at the Table. M'' Tayloe reported. That the Committee to whom the BiU for vefting Two Hundred Acres of Land, with the Appurtenances, in the Parifh of Sitienburn, in the County of Richmond, whereof William Wilfon Homes and Mary his Wife are feifed in Fee-Tail, in Richard Barnes, in Fee -Simple and for Settling other Lands and Negros of greater Value, to the fame Ufes, was committed had made an Amendment to the BiU, and had examined the Allegations of the Bill, and fotmd the fame to be true; and he read the Amendment in his Place, and afterwards delivered the BiU with the Amendment, in at the Table; where the Amendment was twice read, and agreed to by the Houfe. Ordered, That the BiU, with the Amendment, be ingroffed. Then the Houfe (according to Order) proceeded to take into Confideration the Report of the Committee for Courts of Juftice, and of the Committee of Propofitions and Grievances, in Relation to the Fees of certain Officers; and the faid Reports were
Ordered,
Bill
; ;

That the

feverally read.

The Alterations propofed by the Committee for Courts of Juftice, in the Fees by the Act, made in the firft Year of the King's Reign, for afcertaining the Fees certain Officers therein mentioned, were again read; and, with fome Amendments, of were agreed to, by the Houfe. And a Motion was made. That the Houfe would further confider the Fees mentioned
fettled
in the faid Adt.

That the Confideration of the faid Motion, be put off 'tU To-morrow. The Treafurer's Accounts being laid before the Houfe, Ordered, That a Committee be appointed to examine the faid Accoimts, and that they do confider the feveral Blanks therein, and report their Opinions thereupon, to the Houfe and it is referr'd to M-" Robert Boiling, M' Blair, and M' Burges. Ordered, That M-- Tayloe, John Boiling, and M"' Braxton, have Leave to be abfent from the Service of the Houfe aU next Week. A Petition of Thomas Bray, Gent, was prefented to the Houfe, and read; fetting forth, That he, by the feveral laft WiUs of his Uncle Thomas Bray, and David Bray, and his Son, by the Will of his Father James Bray, are feifed in Fee-Tail, of Twenty Thoufand
Ordered,
;

Acres

(134)

Acres of Land, with the Appurtenances, in the Counties of James-City, Charles-City, York, New-Kent and King William, refpedively and not having a fufficient Number of Slaves, to work and improve the faid Lands, the fame are rather a Burthen than an Advantage to them; and praying Leave to bring in a Bill, to enable the Petitioner, by Sale of certain Parcels of the Premifes, to raife Two Thoufand Pounds to be laid out in N'egros, to be annexed to the remaining Lands, for the Benefit of the Petitioner,
;

his Son,

and

their Iffue, refpedlively,

and

all

others in Remainder.

Ordered,
Petition:
M''

That Leave be given to bring


that
M'' I^e,

in

And

Stith,

W Car,

Bill,

Attorney-General, M"' Meriwether,


M''

according to the Prayer of the faid Baffet, M'^ Eaton,

M"'

Whitehead, and

Lawrence Smith, do prepare and bring


'til

in

the fame.
Ordered,

That the Houfe be adjourned

To-morrow Morning Eleven a

Clock.

Saturday, June

3,

1732.

ORDERED, That
Ordered,

M'' Fleming have Leave to be abfent 'til Friday next. That M'' Randolph, M"" Rofcow, and M'' Strother, have Leave to

be abfent 'til Tuefday next. M'' Lee prefented to the Houfe (according to Order) a Bill to prevent frivolous and vexatious Suits, and to regulate Attorneys practifmg in the County Courts; and the fame was received, and read the firft Time. be read a fecond Time. A Petition of William Woodford, Gent, fetting forth, That he being in the Year Thoufand Seven Hundred and Twenty Nine, Sheriff of Caroline, a new County,
Ordered,

That the

Bill

One

then lately ereded by Adl of Affembly; before any Prifon could be built, one Fletcher was committed to his Cuftody, at the Suit of one Sutton, for Want of Bail, who efcap'd; for which the Plaintiff recovered againft the Petitioner, Twenty Three Pounds, Eight Shillings, and Six Pence, Sterling, and Eight Hundred and Twenty Five Pounds of Tobacco, Cofts; that the Petitioner brought Suit againft the Juftices of the County Court, in the General Court, where the fame was adjudged againft him; that thofe Suits,

Expenfes, coft him Fifty One Poimds, Seven Shillings, and Eleven for which he is without Remedy, except by the Favour of this Money, Pence, Current Houfe; and praying fuch Relief in the Premifes, as to the Houfe fhall feem juft and
befides his

own

reafonable.

That the faid Petition be referr'd to the Confideration of a Committee; and that they do examine the Matter thereof, and report the fame, with their Opinions thereupon, to the Houfe; and it is referr'd to M'' Lee, M'' Meriwether, M' Conway, and M"' Henry Willis. Eskridge prefented to the Houfe (according to Order) a Bill to enable Robert Carter, Efq; one of the Executors of the laft Will and Teftament of Mann Page, Efq; deceafed, to pay the Debts of the faid Mann Page, and to entitle him to receive Intereft for the Money he hath advanced or fhall advance for that Purpofe; and to charge the Ef tate of the faid Mann Page with the Repaiment of the Principal and Intereft and the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. M' Gray prefented to the Houfe (according to Order) a Bill for vefting certain entail'd Lands in John Allen, Gent, in Fee-Simple, and for fettling other Lands and a Mill, of greater Value, to the fame Ufes; and the fame was received, and read the
Ordered,

firft

Time.
Ordered,

be read a fecond Time. M"' Francis Willis prefented to the Houfe (according to Order) a Bill to confirm an Agreement, between Richard Coleman, William Thornton, and Francis Thornton,
Bill

That the

for

(135)

Exchange of certain entail'd Lands, therein mentioned, and for fettling the fame, with certain Negro Slaves, according to the Will of the Donors; and the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time.
for the

The Order

of the

Day
was

And

the Queftion

put.

being read, a Debate arofe. That Fees due to a County Court Clerk, from any Perfon

not Refident in his County, be


of the

made

dif trainable ?

Refolved, In the Affirmative.

and Grievances, made upon a Then the Report Propofition from Charles-City Coimty, for a Liberty to pay Levies and Officers Fees in Money, after the Rate of Ten Shillings a Hundred for Tobacco, at the Ele(5tion of the
Committee
of Propofitions

Paier:

And a Debate arofe thereupon, And the Queftion was put, That the
That a
Bill

faid Propofition be Rejedled?

Ordered,

of Certain Officers

Refolved, In the Affirmative. be brought in, for continuing the Adl, for afcertaining the Fees therein mentioned; and that the Committee for Courts of Juftice do

prepare and bring in the fame.


in the Fees

That it be an InftrucJtion to the faid Committee, to make fuch Alterations mentioned in the faid Adl, as were agreed unto by the Hoiofe Yefterday; and that they have Power to make fuch other Alterations as they fhall find reafonable. Then a Motion was made, That it fhould be an Inftruftion to the faid Committee,
Ordered,

to

make

Provifion in the faid

Bill,

for the better afcertaining Surveyors Fees.

Motion be referr'd to the faid Committee. A Bill, intituled. An Adl for vefting Three Hundred Acres of Land, with the Appurtenances, in the Parifh of Wafhington, in the County of Weftmorland, whereof George Weedon is feifed in Fee-Tail, in John Wafhington, Gent, in Fee-Simple; and for fettling other Lands, of greater Value, to the fame Ufes; was read the third Time. Refolved, That the Bill do pafs. A Bin, intituled. An Ad for vefting Two Hundred Acres of Land, with the Appurtenances, in the Parifh of Sittenbum, in the County of Richmond, whereof William Wilfon Homes and Mary his Wife, in Right of the faid Mary, are feifed in Fee-Tail, in Richard Barnes, in Fee-Simple; and for fettling other Lands and Negros, of greater Value, to the fame Ufes; was read the third Time. Refolved, That the Bill do pafs. Ordered, That M'' Henry Willis do carry the faid Bills to the Council; and defire
Ordered,

That the

faid

their Concurrence thereto.

Acres of Land, with the Appurtenances, in the Parifh of Hanover, in the County of King George, whereof Simon Miller is feifed in Fee-Tail, in Thomas Turner, in Fee-Simple; and for fettling other Lands and Negros, of greater Value, to the fame Ufes; was read the third Time: And a Debate
Bill, intituled,

An Ad

for vefting

Two Hundred

arofe thereupon.

And

the Queftion was put, That the Bill do pafs?


It

paffed in the Negative.


Clock.

Ordered, That the Bill be Rejedled. Ordered,

That the Houfe be adjourned

'til

Monday Morning Eleven a

Monday, June

^,

1732.

William Meriwether, Gent, was prefented to the Houfe, and read, complaining of an undue Ele(aion and Return of Matthew Anderfon, Gent. to fer\'e in this prefent General Affembly, for the County of Hanover. Ordered, That the faid Petition be referr'd to the Confideration of the Committee for Eleftions and Privileges; and that they do examine the Matter thereof,

PETITION

of

and report the fame, with

their Opinions thereupon, to the Hoxife.

Ordered,

(136)

That M'' Nicholas Smith, and M'' Stith, be added to the faid Committee. to the Houfe (according to Order) a Bill to confirm and eftablifh prefented I^e M"' mentioned, made between Thomas Bray, Gent, and John Randolph, an Agreement therein Efq; for the Settlement of their refpedlive Rights to certain Lands, whereof David
Ordered,

Bray the
tioned
:

elder, Gent, deceafed, died feifed;

And

the fame

was

received,

and and read the

for other Purpofes therein alfo


firft

men-

Time.

That the Bill be read a fecond Time. Henry Willis prefented to the Houfe (according to Order) a Bill to enable and oblige the Parifh of St. George, in Spotfylvania County, to refund and pay back to the Parifh of St. Mark, in the County aforefaid, the Tobacco therein mentioned And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. A Bill to prevent frivolous and vexatious Suits, and to regulate Attorneys pradtifmg was read the fecond Time in the County Courts And an Amendment was made to the Bill, at the Table. Ordered, That the Bill be committed to the Committee who prepared it. M' Attorney-General prefented to the Houfe (according to Order) a Bill to amend the A(5t, for amending the Staple of Tobacco; and for preventing Frauds in his Majefty's Cuftoms: And the fame was received. Ordered, That the faid Bill be read To-morrow Morning. Ordered, That the Houfe be adjourned 'til To-morrow Morning Eleven a Clock.
Ordered,
M''
: ;

Tuefday, June 6, 1732.

perpetual an Adl therein mentioned; and for impowering any Judge of the General Court to take Bail when the faid Court is not fitting; and to oblige Defendants to pay Cofts upon Over-ruling a Plea in Abatement and for allowing any
;

MESSAGE

from the Council, by M^ Robertfon:


to the Bill, intituled,

That they have agreed

An

Adl to continue and make

Perfon to plead feveral Matters, without any Amendment. A Petition of William Weft, Gent, was prefented to the Houfe, and read; fetting forth, That he is feifed of a Tradl of Land adjoining to the Town of Delaware, in the County of King William that the Inhabitants of that Town keep very great Stocks of Cattle, Horfes, Sheep, and Hogs, which range and feed upon his Lands, to his great Damage; and praying Leave to bring in a Bill for his Relief.
;

That Leave be given to bring in a Bill, according to the Prayer of the and that M"" Fox, M"' Whitehead, and M"" Car, do prepare and bring in the fame. Mr. Lee prefented to the Houfe (according to Order) a Bill for Altering the Days for holding the Courts of Richmond and Weftmorland Counties: And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. M'' Henry Willis prefented to the Houfe (according to Order) a Bill for Altering the Place for holding Courts in the County of Spotfylvania And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. M-- Eskridge reported, from the Committee for Eledions and Privileges, That the Committee had had under their Confideration, the Matter of the Petition of William Meriwether, Gent, to them referr'd; and having examined feveral Witneffes, were come to a Refolution, which he read in his Place; and afterwards delivered the fame in at the Table, where it was twice read, and agreed to by the Houfe, as follows Refolved, That M-" Matthew Anderfon is duly eledled and returned a Burgefs, to ferve in this prefent General Affembly, for the County of Hanover.
Ordered,
faid Petition
;

(i37)

John Savage and Gertrude Harmanfon, was prefented to the Hoiife, and read; praying that Leave may be given to bring in a Bill, to veft Five Hundred Acres of Land, vi^ith the Appurtenances, in the County of Northampton, whereof the faid John is feifed in Fee-Tail, in the faid Gertrude, in Fee-Simple; and for fettling Two Hundred Acres of Land, with the Appurtenances, in the Coimty of Accomack, and Four Negros, of greater Value, in Lieu thereof, to the fame Ufes. Ordered, That Leave be given to bring in a Bill, according to the Prayer of the faid Petition and that M'' Strother, and the Members for the Eaftern Shore, do prepare and
Petition of
;

bring in the fame.

A Petition of William Loury and Mary his Wife, was prefented to the Houfe, and read; praying that Leave may be given to bring in a Bill, to fettle Eight Hundred Acres of entail'd Lands, in the County of Effex, upon their Children, in Tail fucceffively;
Hundred and Forty Two Acres of Land, with the Appurtenances, County of Northumberland, upon the Children of the faid Mary, by a former Hufband, in Lieu thereof, to the fame Ufes. Ordered, That Leave be given to bring in a Bill, according to the Prayer of the Petition and that M'' Eskridge, and the Members for the Counties of Northumberland and Effex, do prepare and bring in the fame. M*" Lee reported, from the Committee to whom the Bill to prevent frivolous and vexatious Suits, and to regulate Attorneys pradtifing in the Coimty Courts, was committed, feveral Amendments made by the Committee, to the Bill; which he read in his Place, and afterwards delivered the Bill, with the Amendments, in at the Table; where the Amendments were twice read, and agreed to by the Houfe. Ordered, That the Bill, with the Amendments, be Ingroffed. A Bill to amend the Adl, for Amending the Staple of Tobacco; and for preventing Fratids in His Majefty's Cuftoms; was, according to Order, read the firft Time. Ordered, That the Bill be read a fecond Time on Thurfday. The Houfe proceeded to take into Confideration the Amendments made to the Bill, for Laying a Duty on Slaves, to be paid by the Buyers, by the Committee to whom the Bill was committed; and the Amendments were twice feverally read: And after a Debate, and the Queftion put upon one of them, were agreed vmto by the Houfe. And a Blank in one of the Amendments, was filled up at the Table. Ordered, That the Bill, with the Amendments, be Ingroffed. A Bill to confirm and eftablifh an Agreement, between Richard Coleman, William Thornton, and Francis Thornton, for the Exchange of certain entailed Lands therein mentioned; and for fettling the fame, with certain Negro Slaves, according to the Will of the Donors; was read a fecond Time. Ordered, That the Bill be committed to the Committee who prepared the fame; and that they do examine the Allegations thereof, and report the Matter as it fhall appear
and
to fettle Seven
in the
;

to them, to the Houfe.

Ordered,

That the Houfe be adjourn 'd

'til

To-morrow Morning Eleven a

Clock.

Wednefday, June

7,

1732.

John Poindexter, and William Meriwether, was prefented to the Hotife, and read; praying Leave to bring in a BiU, to confirm a Sale of certain entail'd Lands, with the Appurtenances, in the County of Hanover, made by the faid John to the faid William; and for fettling other Lands and Negros, of greater Value, in Lieu thereof, to the fame Ufes. Ordered, That Leave be given to bring in a Bill, according to the Prayer of the faid Petition And that M-" Whitehead, M^ Car, M' Bacon, My Baffet, and M' Anderfon, do
of
:

PETITION

prepare and bring in the fame.


Ordered That no Petition for a private
Bill,

be received after

Monday

next.

M'

(138)

M'

Strother prefented to the

Houfe (according to Order) a

Bill for vefting certain

entail'd Lands, with the Appurtenances, in the County of Northampton, in Gertrude Harmanfon, in Fee-Simple; and for fettling other Lands and Negros, of greater Value, the firft Time. in Lieu thereof, to the fame Ufes: And the fame was received, and read

be read a fecond Time. to the Houfe (according to Order) a Bill, for killing prefented M^ Attorney-General of Squirrels and Crows AHo a Bill, for fettling new Ferries over James and Rappahanock Rivers: And the fame were received, and read the firft Time.
Ordered,

That the

Bill

be read a fecond Time. Barhani was prefented to the Houfe, and read praying that A Petition of Charles Leave may be given to bring in a Bill, to enable him' to fell a Parcel of entail'd Lands therein mentioned and to purchafe other Land therein alfo mentioned, of more Value
Ordered,

That the

Bills

and Convenience to the Petitioner, to be fettled to the fame Ufes. Ordered, That Leave be given to bring in a Bill, according to the Prayer of the faid Petition And that M' William Harwood, M"" Eaton, M' Power, and M^ Rofcow, do prepare and bring in the fame. M^ Eskridge prefented to the Houfe (according to Order) a Bill, to fettle certain entail'd Lands, in the County of Effex, whereof William Loiiry and Mary his Wife, in Right of the faid Mary, are feifed, upon the Iffue of the faid Mary, by her laft Marriage; and for fettling other Lands in Lieu thereof, to the fame Ufes And the fame was re: :

ceived,

and read the firft Time. That the Bill be read a fecond Time. M'' Lee prefented to the Houfe (according to Order) a Bill for prefcribing a Method for proving Book Debts And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. A Petition of Thomas Turner was prefented to the Houfe, and read; fetting forth, That he is informed, the Bill lately brought in, to veft certain entail'd Lands in him, in Fee-Simple, and for fettling other Lands and Negros, to the fame Ufes, was Rejecfled, becaufe the Lands and Negros propofed to be fettled in Lieu of the entail'd Lands, were not an Equivalent; and propofing to add one Negro Woman more; and praying that Leave may be given to bring in another Bill for that Purpofe. Ordered, That Leave be given to bring in a Bill, according to the Prayer of the faid Petition and that M"^ Burges and M'' Lee, do prepare and bring in the fame. A Meffage from the Council, by M'' Robertfon That they have agreed to the Bill, intituled. An Adl for vefting Three Hundred Acres of Land, with the Appurtenances, in the Parifh of Wafhington, in the Cotmty of Weftmorland, whereof George Weedon is feifed in Fee-Tail, in John Wafhington, Gent, in Fee-Simple; and for fettling other Lands, of greater Value, to the fame Ufes. And alfo to the Bill, intittded, An Adt for vefting Two Hundred Acres of Land, with the Appurtenances, in the Parifh of Sittenburn, in the County of Richmond, whereof William Wilfon Homes, and Mary his Wife, in Right of the faid Mary, are feifed in Fee-Tail, in Richard Barnes, in Fee-Simple; and for fettling other Lands and Negros, of greater Value, to the fame Ufes; without any Amendment. A Petition of William Parks was prefented to the Houfe, and read; praying that the Houfe will eftablifh fuch a Salary for Printing the Laws, Proclamations, and Journals of Affembly, for Public Ufe, as may enable him to continue and carry on his Bufinefs
Ordered,
: ;

of Printing in this Colony.

Ordered, Ordered,

of the faid William Parks; and that they do report the fame, with their Opinions thereupon, to the

That the faid Petition do lie on the Table. That a Committee be appointed to receive the Propofals

Houfe And it is referr'd to M'' Lee, M." Blair, M' Conway, M^ Meriwether, and M"' Burges. Mj Lee reported. That the Perfons appointed, had (according to Order) confidered the Petition of M"' William Woodford; and were of Opinion, that it is very reafonable
:

to

(i39)
to bring in a
Bill,

to oblige the Jtiftices of the

County

of Caroline, to reimburfe

him

the

Damages he has

by the Want And a Record

fuftain'd in Relation to the Efcape of Fletcher, being occafioned of a Prifon, which the faid Juftices ought to have provided.
of the General Court, of a Trial of

faid William Woodford againft the Juftices of the faid County,

an Information brought by the was read And thereupon, a Debate arofe, and the Queftion was put upon it. That the Report of the faid Committee be agreed to ?
It

paffed in the Negative.


to oblige the

Then a Motion was made,

to give Leave to bring in a

Bill,

County

of

Caroline to reimburfe the faid William Woodford the Damages he has fuftain'd by reafon of the Efcape of the faid Fletcher And another Debate arofe, and the Queftion was put
:

thereupon, That fuch a Bill be brought in?


Refolved, In the Affirmative.

Ordered,

That

M'' Lee, M"'

Meriwether, M'- Conway, and


to

M""

Henry

Willis,

do prepare
to regulate

and bring

in the faid Bill.

Bill, intituled.

An Ad
Bill

prevent frivolous

and vexatious Suits; and


third Time.

Attorneys practifing at County Courts;


Refolved,

was read the

That the

do

pafs.
to

Bill, intituled.

An

Ad. for Laying a Duty upon Slaves,

be paid by the Buyers;

was read the third Time. And an Amendment was propofed to the Bill; which, upon the Queftion, was dif agreed to by the Houfe. Refolved, Nemine Contradicente, That the Bill do pafs. Ordered, That the Committee for Courts of Juftice, do carry the faid Bills to the Council and defire their Concurrence thereto. A Bill to confirm and eftablifh an Agreement therein mentioned, made between Thomas Bray, Gent, and John Randolph, Efq; for the Settlement of their refpeclive Rights to certain Lands, whereof DOTKf 5r ay, the elder, Gent, deceafed, died feifed; and for other Purpofes therein alfo mentioned was read the fecond Time. Ordered, That the Bill be Ingroffed. A Bill for vefting certain entail'd Lands, in John Allen, Gent, in Fee-Simple; and for fettling other Lands and a Mill, of greater Value, to the fame Ufes; was read the
;

fecond Time.
in Behalf of James Allen, an Infant, whofe Guardian was prefented to the Houfe, and read; letting forth, That after the Death of the faid John Allen, without Iffue, the faid James is next in Remainder, to take the faid entail'd Lands; and fuggefting feveral Reafons againft the Paffing the faid Bill. Ordered, That the Bill be committed to a Committee; and that they do examine

And a Petition of Arthur Smith,

he

is,

fame, as
M''

the Allegations thereof, together with the Matter of the faid Petition; and report the it fhall appear to them, to the faid Houfe.

a Committee was appointed, of the following Perfons M'' Gray, M' Randolph, Conway, M"' Stith, M"" Simmons, M." Surges, M"' Robert Boiling, M'' Ravenfcroft, M' Samuel Harwood, M'' Eskridge, and the Members for the Counties of I fie of Wight, and Nanfemond. Ordered, That the Houfe be adjourned 'til To-morrow Morning Eleven a Clock.
:

And

Thurfday, June

8,

1732.

MR.
And

certain entail'd
;

Whitehead ^veiented to the Houfe (according to Order) a Bill for confirming Lands therein mentioned, to William Meriwether, in FeeSimple and for fettling other Lands and Negros in Lieu thereof, to the

fame Ufes.
enable Charles Barham, to

William Harwood prefented to the Houfe (according to Order) a Bill to fell certain entail'd Lands therein mentioned; and to purchafe other Lands therein mention'd, to be fettled in Lieu thereof, to the fame Ufes.
M''

And

(i4o)
the faid Bills were feverally received, and read the firft Time. Ordered, That the faid Bills be read a fecond Time. A Bill to amend the Adl, for amending the Staple of Tobacco; and for preventing

And

Frauds in His Majefty's Cuftoms; was (according to Order) read a fecond Time. And the Queftion was put, That the Bill be committed to a Committee of the whole

Houfe?
It paffed in

the Negative.

And feveral Amendments were made


Ordered,

at the Table, to Part of the

Bill.

That the further Confideration of the Bill, be adjoum'd 'til To-morrow. Ordered, That M"" Anderfon have Leave to be abfent from the Service of the Houfe
M"'

'til

Tuefday next.

Attorney-General reported, from the Committee of Propofitions and Grievances, That the Committee had had imder their Confideration, a Memorial of Col. Alexander Spotfwood, Sole Deputy-Poft-Mafter-General, of all the Britifh Dominions in America,

from the Governor and Coimcil; praying that Ferries may be fettled over Rappahanock River, juft above the Mouth of Maffaponax Creek, in Spotfylvania, to the Land of M'' James Ball, in King George County and over Pattowmack River, from juft below the Mouth of Quantico-Creek, to Col. Mafon's Landing, in Maryland: And are of Opinion, That it will be proper that Public Ferries be appointed and fettled at
referr'd
;

thofe Places, according to the Prayer of the Memorial.


Ordered,
fettling

new

Ferries over

Ordered,

Report be confidered at the fecond Reading of the Bill, James and Rappahanock Rivers. That the Houfe be adjourned 'til To-morrow Morning Eleven a Clock.

That the

faid

for

Friday, June

(),

1732.

Committee of Public Claims, reported, That the Committee had examin'd and confider'd all the Public Claims which had been laid before them this Seffion; and agreed upon a Report, which they had enter'd in a Book And he delivered the Book in at the Table. Ordered, That the fame do lie on the Table. M"" Blair prefented to the Houfe (according to Order) a Bill for pulling down Wooden Chimnies, in the Towns of Southampton and Norfolk; and to prevent the Building of others for the future; and the fame was received and read the firft Time. Ordered, That the Bill be read a fecond Time. A Bill, intituled, An Ad to confirm and eftablifh an Agreement therein mentioned, made between Thomas Bray, Gent, and John Randolph, Efq; for the Settlement of their refpedive Rights to certain Lands, whereof David Bray, the elder, Gent., deceafed, died feifed; and for other 'Purpofes therein alfo mentioned. Refolved, Nemine Contradicente, That the Bill do pafs. Ordered, That M'' Lee do carry the Bill to the Coimcil; and defire their Concurrence

MR.

Robert Boiling, from the

faid

thereto.

Ordered, That M-- Nicholas Smith have Leave to be abfent from the Service of the Houfe for a Week; and that M-- Applewhaite have Leave to be abfent 'til Monday. M' Lee prefented to the Houfe (according to Order) a Bill for vefting certain en-

Lands, with the Appurtenances, therein mentioned, in Thomas Turner in FeeSimple; and for fettling other Lands and Negros to the fame Ufes: And the fame was
tail'd

received,

Time. Bill be read a fecond Time. M-- Speaker acquainted the Houfe, That he had received a Letter from Col. Spotfwood, in Anfwer to a Letter he wrote; giving him Notice of an Order of this Houfe, impowering Col. Harrifon, to receive of him Two Hundred and Thirty Nine Pounds
firft

and read the Ordered, That the

Seventeen

(i4i)

Seventeen Shillings, or Arms to the Value thereof, for the County of Brunfwick; and he delivered the Letter in at the Table, where it was read. Ordered, That the faid Letter do lie on the Table, for the Penifal of the Members. A Petition of George Webb, Gent, was prefented to the Houfe, and read; fetting forth, That he was emploied to prepare a complete Copy of the Laws of this Colony, for the Prefs, by the Committee appointed for that Purpofe; that he hath finifhed the fame with great Care and Exadlnefs, and has been at very great Expence in that Bufinefs; that he hath likewife compofed a very comprehenfive Table; and praying the Confideration of the Houfe therein; and that he may have a fuitable Allowance for the fame. Ordered, That the faid Committee do report what they think reafonable to be aUow'd the faid George Webb, for his faid Service.
confirming certain entail 'd Lands therein mentioned, to William Meriand for fettling other Lands and Negros in Lieu thereof, to the fame Ufes; was read the fecond Time.
Bill for

wether in Fee-Simple;

Ordered, That the Bill be committed to the Committee who prepared the fame, and to the Members for the Counties of King and Queen, and Caroline; and that they do examine the Allegations thereof and, report the Matter as it fhall appear to them,
;

to the Houfe.

Lands, with the Appurtenances, in the County of and Mary his Wife, in Right of the faid Mary, are feifed, upon the Iffue of the faid Mary, by her laft Marriage and for fettling other Lands in Lieu thereof, to the fame Ufes, was read the fecond Time. Ordered, That the Bill be committed to a Committee, to examine the Allegations thereof; and to report the Matter as it fhaU appear to them, to the Houfe: And it is referr'd to M'' Eskridge, M"' Meade, and the Members for the Counties of Northumberland and Effex. The Houfe (according to Order) proceeded to the further Confideration of the Bill to amend the A(ft for amending the Staple of Tobacco; and preventing Frauds in His
Bill to fettle certain entail'd

Effex, whereof William Lotiry

Majefty's Cuftoms.

And

Amendments were
Ordered,

Amendments were made to other Parts of the Bill; and other propofed, and upon the Queftion, were difagreed to by the Houfe. Ordered, That the further Confideration of the faid Bill, be adjourn 'd 'til To-morrow.
feveral other

That the Houfe be adjoum'd

'til

To-morrow Morning Eleven a

Clock.

Saturday, June lo, 1732.

ORDERED, That
'til

M''

Baffet have Leave to be abfent from the Service of the Houfe

Thurfday next.
Ordered,

M"' Martin have Leave to be abfent from the Service of Tuefday next. M'' Lee reported. That the Perfons appointed, had (according to the Order of the Houfe) received the Propofals of M"' Parks, for Printing the Laws, and Journals, of ever}' Seffion of Affembly; and agreed upon a Report thereupon; which he read in his Place, and delivered it in at the Table, where the fame was again read, as foUoweth "Your Committee have (according to Order) receiv'd the Propofals of M'' William

That

the Houfe

'til

"Par^5, Printer

Which

are,

One Htindred and Twenty Pounds per Annum, he will Print "the Governor's Speech, and the Addreffes of both Houfes, and the Journal of this "Houfe, every Seffion; and deliver a Copy of each of them, to ever>' Member. "That he will Print the Public Laws of every Seffion, and deliver a Copy of them "ftiched, to every Member, and to every Juftice of the Peace in the Colony; and that
"That for the Simi
of

"he

(l42)

a Copy of the Laws of every Seffion, well Bound, to the Secretary's "Office, and to every County Court in the Colony. "Upon Confideration of the faid Propofals, Your Committee are of Opinion, That "they are reafonable: But as the Clerk of this Houfe will loofe, by thefe Propofals, a

"he

will deliver

"confiderable Perquifiteof his Office, arifmg from the Copiesof the Laws for the Secretary's notwithftanding, have confider"Office, and the feveral County Courts; and that he will,

and Care in Corredling the Prefs, and making a Table; Your Committee "are of Opinion, That befides the ufual Allowance as Clerk, and for the Four fair Copies "of the Journals, and the Laws, which muft ftill be written, there be allowed him the "further Sum of Fifty Pounds every Seffion. Refolved, That a Salary of One Hundred and Twenty Povmds per Annum, be paid
"able Trouble
to the faid William Parks, in Confideration of Printing the feveral Matters mentioned in the faid Report, according to his faid Propofals; and that his Salary commence at

the

End

of this Seffion;

to be paid Half -Yearly.

M' Conway, MJ Blair, M' Meriwether, and M' Btirges, do carry and defire their Concurrence thereto. Pounds be allowed the Clerk of this Houfe, for Fifty of the Sum Refolved, That every Seffion of Affembly, in Confideration of his Trouble and Care in Preparing a Copy of the Laws of every Seffion, with a Table, for the Prefs, and Corredling the fame; and for making out Copies of the Proportion of the Public Levy. M' Conway prefented to the Houfe (according to Order) a Bill to confirm certain entail 'd Lands therein mentioned, with the Appurtenances, to John Tayloe, Efq; in FeeSimple and for fettling other Lands and Negros therein alf o mentioned, of greater Value in Lieu thereof, to the fame Ufes And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. M'' Whithead reported. That the Committee to whom the Bill for confirming certain entail'd Lands therein mentioned, to VFi7/jaz Meriwether in Fee-Simple and for fettling other Lands and Negros, in Lieu thereof, to the fame Ufes; had (according to Order) examined the Allegations thereof, and find the fame to be true. Ordered, That the Bill be ingroffed. M'' Gray reported. That the Committee to whom the Bill for vefting certain entail'd Lands, in John Allen, Gent, in Fee-Simple; and for fettling other Lands and a Mill, of greater Value, to the fame Ufes, was committed have (according to Order) examined the Allegations thereof, and likewife confidered the Petition of Arthur Smith, in Behalf of James Allen; and were of Opinion, That the Allegations of the Bill are true; and that the Lands propofed to be fettled in Lieu of the entail'd Lands, is an ample Equivalent to the faid James Allen and that the Oppofition made to the Bill, is not for his Advantage. Ordered, That the Bill be ingroffed. M'' Eskridge reported, That the Committee to whom the Bill to fettle certain entail'd Lands, with the Appurtenances, in the County of Effex, whereof William Loury and Mary his Wife, in Right of the faid Mary, are feifed, upon the Iffue of the faid Mary, by her laft Marriage; and for fettling other Lands, in Lieu thereof, to the fame Ufes, was committed; have (according to Order) examined the Allegations of the Bill, and find the fame to be true; and have made fome Alterations in the Settlement of the Lands therein mentioned and with thofe Alterations, it may be reafonable to pafs the Bill. And the Alterations made in the Bill, were read, and agreed to. Ordered, That the Bill with the Alterations, be ingroffed. M'' Attorney-General reported, That the Committee intrufted with the Printing of the Laws, had (according to Order) confidered what may be reafonable to allow M"" George Wehh, for his Trouble and Pains, in Preparing the Copy for the Prefs, and Compofmg the Table; and were of Opinion, That the Sum of Two Hundred Pounds, will be a very ample and generous Reward for that Service. And the Houfe were informed, That the faid George Wehh, had already received of the Treafurer, by Order of the faid Committee, One Hundred Pounds
Ordered,

That M^

Lee,

the faid Refolve to the Council

Ordered,

(143)
Ordered,

That the

ftirther

Sum

of

One Hundred Pounds, out

of the

Money

in the

Hands of the Treafurer, be paid to the faid George Webb; in full Compenfation for his Care and Pains, in Preparing a Copy of the Laws, and Compofmg a Table, for the Prefs. Ordered, That M'' Attorney carry the faid Refolve to the Council; and defire their
Concurrence thereto.
M''

Robert Boiling reported, That the Perfons appointed, had had under their Con-

lideration the Treaf urer's

Accounts

and that there was a Blank

in the

Accounts, for

the Freight of the Weights and Scales, imported for the Ufe of the Public Tobacco Warehoufes, wherein they prayed the Directions of the Houfe. And M"' Speaker acquainted the Houfe with feveral Tranfadlions, in Relation to the

Weights and Scales. That it be an Inftrudlion to the faid Committee, to allow in the faid Accounts, Two Hundred and Twenty Pounds Sterling, in Current Money, at Twenty Per Cent, for the Difference of Exchange, for the Freight of the Weights and Scales And that the Treafurer do pay the faid Sum, to Thomas Underdown, Mafter of the Ship Phoenix, to be difcounted upon the Charter-Party, made between him and M"' Edward Randolph, late of London, Merchant. A Meffage was fent from the Council, That they have agreed to the Bill, intituled. An Adl to prevent frivolous and vexatious Suits; and to regulate Attorneys pradtifmg at the County Courts; without any Amendment. And a Written Meffage was delivered from the Council, as follows
faid

Ordered,

By
M''

the Council:

Speaker and Gentlemen of the Houfe of Burgeffes, The Cotmcil having had under Confideration, the Bill fent up froyn your Houfe, for Laying a Duty upon Slaves, to be paid by the Buyers; and being defirous to remove all reafonable Objedions againft that Bill, as well as all Mifunderftandings with your Houfe, propofe. That the Drawbacks to be allowed for Slaves exported within the Time therein mentioned, be general, without Diftindion of the Perfons exporting, or the Place to which
the faid Slaves fhall be carryed; but if

any

of the faid Slaves be brought back to this Colony,

by Land or Water, a new Entry fhall be made, and the Duty paid, under the Penalty of Forfeiting Five Pounds for each Slave fo imported, for which the Duty fhall not be paid
within the Space of Forty

And By

they defire
to the

Days after fuch Importation. Your Houfe will confent, That the

faid Bill be

amended

accordingly,

conformable

Pradice heretofore eftablifhed in other Money

Bills.

Order of the Council,

June loth, 1732.


Refolved,

William Robertfon,
this

CI. G.

A.

That

Houfe doth not agree to make the Amendment propofed by the

Council, to the faid Ordered,


tion of the

Bill.

That a Meffage be fent to the Cotmcil, to acquaint them with the RefoluHoufe And that M"" Lee do go up with the Meffage. Bill for fettling new Ferries over James and Rappahanock Rivers, was read a
:

fecond Time.
forth,

Petition of M"' Thomas Corbin, was prefented to the Houfe, and read; fetting That the Ferry appointed in the faid Bill, from Hockley's Houfe, to the Petitioner's Plantation, called Mofs's Neck, will be no Public Advantage, and a very great Damage to the Petitioner; and Praying, that the Bill may not pafs for that Ferry. Ordered, That the Bill be committed to the Committee of Propofitions and Grievances; and that the faid Petition be referr'd to the faid Committee. A Bill to enable Charles Barham, to fell certain entail 'd Lands therein mentioned; and to purchafe other Lands therein alfo mentioned, to be fettled in Lieu thereof, to the fame Ufes; was read a fecond Time. Ordered, That the Bill be ingroffed. A Bill prefcribing a Method for proving Book Debts; was read a fecond Time.

And

(i44)

And

feveral

Ordered,

Amendments were made to the Bill, at the Table. That the Bill, with the Amendments, be Lngroffed.
Altering the Place for holding Courts in the

A A

Bill for

County

of Spotfylvania,

was

read a fecond Time. Ordered, That the Bill be ingroffed.

enable and oblige the Parifh of St. George, in Spotfylvania County, to refund and pay back to the Parifh of St. Mark, in the County aforefaid, the Tobacco therein mentioned; was read a fecond Time.
Bill to

Ordered,
M''

That the
for

Bill

be ingroffed.

Lee

moved
of

Leave to prefent a

of Opinion, in relation to the Benefit of

taking
neffes:

away

Reading, and to difable

fome Doubts and Differences Clergy, for allowing the fame to Women, and certain Perfons therein mentioned, to be WitBill, for fettling
firft

And

the fame

was
Bill

received,

and read the

Time.

Ordered,

the Staple of Tobacco;

the Bill, to amend the AA jor amending and for preventing Frauds in His Majefty's Cuftoms, put off 'til to Day, be further put off 'til Monday. Ordered, That the Houfe be adjoiimed 'til Monday Morning Eleven a Clock.
Ordered,
fiorther Confideration of

That the That the

be read a fecond Time.

Monday, June 12, 1732.


Thomas, was prefented to the Houfe, and read; praying Bill, to confirm an Agreement made between him and Charles Hud fon, for the Sale of certain entail 'd Lands, in Exchange for other Lands, of greater Value, therein mentioned. Ordered, That Leave be given to bring in a BUI, according to the Prayer of the faid Petition And that M"' Meriwether, and the Members for the Counties of Henrico, and King William, do prepare and bring in the fame. A Bill for Killing Squirrels and Crows, was read a fecond Time. Ordered, That the Bill be ingroffed. A Bill for pulling down Wooden Chimnies, in the Towns of Southampton and Norfolk] and to prevent the Building of others for the future; was read a fecond Time. Ordered, That the Bill, with the Amendments, be ingroffed. A Bill for Altering the Days for holding the Courts of Richmond and Weftmorland Counties, was read a fecond Time. Ordered, That the Bill be ingroffed. A Bill to confirm certain entail'd Lands therein mention'd, with the Appurtenances, to John Tayloe, Efq; in Fee-Simple; and for fettling other Lands and Negros therein alio mentioned, of greater Value, in Lieu thereof, to the fame Ufes was read a fecond Time. Ordered, That the Bill be committed to the Committee who prepared it; and to M' Conway, M' Eskridge, and M"^ Henry Willis; and that they do examine the Allegations thereof, and report the Matter as it fhall appear to them, to the Houfe.
of George

PETITION

that Leave be given to bring in a

Bill, intituled.

An Ad
Bill

prefcribing a

Method

for proving

Book

Debts,

was read the

third Time.
Refolved,

That the

do

pafs.
of St. George, in

County,

Spotfylvania Parifh of St. Mark, in the County aforefaid, the Tobacco therein mentioned; was read a third Time.
to

Bill, intituled.

An Ad to enable and oblige the Parifh


to the

refund and pay back

Refolved,

That the

Bill

do

pafs.

Bill, intituled.

An Ad

for Altering the Place for holding Courts in the

County

of

Spotfylvania,
Refolved,

was read a third Time. That the Bill do pafs.


Ordered,

(145)
Ordered,
thereto.

That

M"^

Lee carry the faid

Bills to

the Council

and defire

their Concurrence

to

to Order) proceeded to the further Confideration of the Bill the Adt, for amending the Staple of Tobacco; and preventing Frauds in His Majefty's Cuftoms.

The Houfe (according

amend

other Amendments were made to the Bill, at the Table. That the further Confideration of the faid Bill, be adjourn 'd 'til To-morrow. M'' Lee prefented to the Houfe (according to Order) a Bill to oblige the Coimty of Caroline, to reimburfe William Woodford, the Damages he fuftain'd by Means of the Efcape of Benjamin Fletcher: And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. A Meffage from the Council That they have agreed to the Bill, intituled. An Adt, for laying a Duty upon Slaves,
Ordered,

And feveral

by the Buyers. Alfo to the Bill, intituled. An Adt to confirm and eftablifh an Agreement therein mentioned, made between Thomas Bray, Gent, and John Randolph, Efq; for the Settlement of their refpedlive Rights to certain Lands, whereof David Bray, the elder, Gent,
to be paid
deceafed, died feifed;

and

for other Purpofes therein alfo mentioned, without

any

Amendment.
Ordered,

That the Houfe be adjourned

'til

To-morrow Morning Eleven a

Clock.

Tuefday, June 13, 1732.

MR.
A

Lee prefented to the Houfe (according to Order) a Bill to enable Thomas fell certain entail'd Lands therein mentioned; and to lay out the Purchafe-Money in Slaves, to be annex'd to other entail'd Lands therein alfo mentioned: And the fame was received, and read the firft Time.
Bray, Gent, to

Ordered,

That the

Bill

be read a fecond Time.


for confirming certain entail'd

Bill, intituled.

An Ad

thereof, to the

William Meriwether in Fee-Simple; and for fettling other fame Ufes; was read a third Time. Refolved, That the Bill do pafs.

Lands therein mentioned, to Lands and Negros, in Lieu

A
the

Bill,

intituled,

An Ad
to

to

enable Charles

Barham,

to fell certain

entail d

Lands

therein mentioned;

and

pirchafe other Lands therein alfo mentioned, in Lieu

thereof, to

fame Ufes; was read a third Time. Refolved, That the Bill do pafs.

Lands, with the Appurtenances, in the County of Effex, whereof William Loury and Mary his Wife, in Right of the faid Mary, are feifed, upon the Iffue of the faid Mary, by her laft Marriage; and for fettling other Lands, in Lieu thereof, to the fame Ufes; was read a third Time.
Bill, intituled,
to fettle certain entail'd

An Ad

Refolved,

That the

Bill

do

pafs.

A A

Bill, intituled,

An Ad for Altering the Days for holding the Courts of Richmond and

Weftmorland Counties, was read a third Time. Refolved, That the Bill do pafs.
Bill, intituled.

An Ad

for Killing of Squirrels

and Crows, was read a third Time.

Refolved,

Ordered,

That the Bill do pafs. That M-- Tayloe do carry the

faid Bills to the Council;

and

defire their

Concurrence thereto.
Lands, with the Appurtenances, in the County of Northampton, in Gertrude Harmanfon, in Fee-Simple; and for fettling other Lands and Negros, of greater Value, in Lieu thereof, to the fame Ufes; was read a fecond Time.

Bill for vefting certain entail'd

Ordered,

(146)

That the Bill be committed to the Committee who prepared it; and that the Matter, as it fhall appear to they do examine the Allegations thereof; and report
Ordered,

them, to the Houfe.

The Houfe (according to Order) proceeded to the further Confideration of the Bill and preventing Frauds in His to amend the Ad, for amending the Staple of Tobacco; Majefty's Cuftoms And feveral other Amendments, upon the Queftion put, were made
:

to the

Bill,

at the Table.

That the further Confideration of the faid Bill be adjoum'd 'til To-Morrow. Ordered, That the Houfe be adjoum'd 'til To-morrow Morning Eleven a Clock.
Ordered,

ff^ednefday,

June 14, 1732.


John
Allen, Gent,

A
A
'..

BILL,

intituled,

An Ad

for vefting certain entaiVd Lands, in

in Fee-Simple; and for fettling other

Lands and a Mill,

of greater Value, to the

fame Ufes; was read a third Time. Refolved, That the Bill do pafs.
Bill, intituled.

An Ad
to

for pulling

down Wooden Chimnies,

in the

ampton and Norfolk and


Third Time.
Refolved,

prevent the Building of others for the future;

Towns of Southwas read a

Ordered,

That the Bill do pafs. That M"" Tayloe do carry the

Bills to

the Council; and defire their Con-

currence thereto.

ment

One of the Executors of the laft Will and Teftapay the Debts of the faid Mann Page and to entitle him to receive Intereft for the Money he hath advanced or fhall advance for that Purpofe; and to charge the Eftate of the faid Mann Page with the Repaiment of the Principal and Intereft; was read a fecond Time. Ordered, That the Bill be committed to a Committee; and that they do examine the Allegations thereof and report the Matter, as it fhall appear to them, to the Houfe And it is referr'd to M"" Eskridge, Mj Meriwether, M"' Blair, M"" Conway, M' Attorney, M' Tayloe, MJ Lee, M^ Robinfon, and M'' Francis Willis. M^ Speaker acquainted the Houfe, That he had received a Letter concerning fome
Bill,

to enable Robert Carter, Efq;

of

Mann

Page, Efq

deceafed, to

Public Bufmefs, which he laid before the Houfe.

and Pelham Moor, Three was read; acquainting him. That they had been at the Expence of Fifteen Pounds Twelve Shillings, in employing Two Perfons to watch the Warehoufes under their Infpedlion; and defiring him to procure it to be paid. Ordered, That the faid Letter do lie upon the Table. M'' Tayloe prefented to the Houfe (according to Order) a Bill for dividing every of the Counties of Richmond, King George, and Prince William, into Two Diftindl Parifhes: And the fame was received, and read the firft Time.
Infpedlors, to M"' Speaker,

And a

Letter from William Cradock, Walter Clopton,

That the Bill be read a fecond Time. Lee prefented to the Houfe (according to Order) a Bill to Revive and Continue certain Parts of an A(5l for Afcertaining the Fees of certain Officers; and for better fettling the Fees of County Court Clerks, Sheriffs, and of Attorneys, in Caufes depending in the County Courts, to be allowed in the Bill of Cofts And the fame was received, and read the fiirft Time.
Ordered,
M-:

Ordered,
M"-

That the

Bill

be read a fecond Time.

Attorney-General reported, from the Committee of Propofitions and Grievances, to whom the Bill for fettling new Ferries over James and Rappahanock Rivers was committed, feveral

Amendments made by

the Committee, to the Bill;

and he read the

Amendments

(147)

Amendments

in at the Table;

and afterwards delivered the Bill, with the Amendments, where the Amendments were twice read. And upon the Queftion put upon one of them, were agreed unto by the Houfe, with
in his Place,
Bill,

an Amendment. Ordered, That the


the Bill be,

An Ad for

fettling

with the Amendments, be ingroffed and that the Title of new Ferries over James, Appamatox, Nottoway, Rappaha;

nock, and

from the faid Committee, That they had had under a Propofition from the County of Brunfwick, for an Addition to be made to that County out of the Counties of Surry, and I fie of Wight; and were come to a Refolution thereupon; which he read in his Place, and afterwards delivered it
alfo reported,

W Attorney-General

Pattowmack

Rivers.

their Confideration,

in at the Table.

Ordered,

That the Confideration

of the faid Report, be

put

off

'til

Friday next.

to the further Confideration of the Bill, for the Staple of Tobacco; and for preventing Frauds in His Majefty's Cuftoms.

Then the Houfe proceeded

Amending

And feveral
Ordered,

other Amendments were made to the Bill. That the further Confideration of the faid Bill, be adjourn 'd 'til To-morrow. Ordered, That the Houfe be adjourn 'd 'til To-morrow Morning Eleven a Clock.

Thurfday, June 15, 1732.


Conway reported, That the Perfons appointed had (according to Order) examined the Allegations of the Bill, to confirm certain entail'd Lands therein mention 'd, with the Appurtenances, to John Tayloe, Efq; in Fee-Simple and for fettling other Lands and Negros therein alfo mention'd, of greater Value, in Lieu thereof, to the fame Ufes; and found the fame to be true: But that they had made feveral Alterations therein, and with thofe Alterations, it will be reafonable
topafs the
Bill.

MR.

Ordered,

That the

Bill

be ingroffed.
Bill,

M"" Strother reported.

That the Perfons appointed, had (according to Order) examfor vefting certain entail'd Lands, with the Appurte;

ined the Allegations of the


nances, in the
fettling other

Cotmty of Northampton, in Gertrude Harmanfon, in Fee-Simple and for Lands and Negros, of greater Value, in Lieu thereof, to the fame Ufes; and found the fame to be true. Ordered, That the Bill be ingroffed. A Bill to oblige the County of Caroline, to reimburfe William Woodford the Damages he fuftain'd by the Efcape of Benjamin Fletcher, was read a fecond Time. And a Blank in the Bill was fill'd up, and an Amendment made to it at the Table. Ordered, That the Bill, with the Amendment, be ingroffed. A Bill to enable Thomas Bray, Gent, to fell certain entail'd Lands therein mention'd; and to lay out the Purchafe-Money in Slaves, to be annexed to other entail'd Lands therein alfo mentioned; was read a fecond Time. Ordered, That the Bill be committed to the Committee who prepared it; and that they do examine the Allegations thereof, and report the matter as it fhall appear to them,
to the Houfe.

every of the Counties of Richmond, King George, and Prince was read a fecond Time. And a Petition of the Veftry of Hanover Parifh, in the Cotmty of King George, was pref ented to the Houfe, and read fuggef ting feveral Reaf ons againf t the Paffing of the
Bill for dividing

William, into

Two

diftindl Parifhes,

faid Bill.

Ordered,

ances;

That the Bill be committed to the Committee of Propofitions and Grievand that they do examine the Matter of the faid Petition, and report the fame,

with their Opinions thereupon, to the Houfe.

The

(148)

The Houfe proceeded


Staple of

to the further Confideration of the Bill, for

Amending

the

And

Tobacco; and for preventing Frauds in His Majefty's Cuftoms. feveral other Amendments were made to the Bill, at the Table.

That the further Confideration of the faid Bill, be adjourn 'd 'til To-morrow. Ordered, That the Houfe be adjourn 'd 'til To-morrow Morning Eleven a Clock.
Ordered,

Friday, June 16, 1732.

MR.

the Allegations of the Bill to enable


;

Lee reported. That the Perfons appointed, had (according to Order) examined Thomas Bray, Gent, to fell certain entail'd

Lands therein mentioned and to lay out the Purchafe-Money in Slaves, to be annexed to other entail'd Lands therein alfo mentioned; and found the fame to be true And that they had made feveral Amendments to the Bill, which he read in his Place, and afterwards delivered the Bill, with the Amendments, in at the Table; where the Amendments were again twice read, and agreed unto by the Houfe. Ordered, That the Bill, with the Amendments, be ingroffed. M"" Eskridge reported. That the Perfons appointed, had (according to Order) examined the Allegations of the Bill to enable Robert Carter, Efq; one of the Executors of the laft Will and Teftament of Mann Page, Efq; deceafed, to pay the Debts of the faid Mann Page; and to entitle him to receive Intereft for the Money he hath advanced, or fhall advance for that Purpofe; and to charge the Eftate of the faid Mann Page, with the Repaiment of the Principal and Intereft And that they were of Opinion, it was reafonable to pafs the Bill. Ordered, That the Bill be ingroffed. M"' Francis Willis reported. That the Perfons appointed, had (according to Order) examined the Allegations of the Bill, to confirm and eftablifh an Agreement between Richard Coleman, William Thornton, and Francis Thornton, for the Exchange of certain entail'd Lands therein mentioned; and for fettling the fame, with certain Negro Slaves, according to the Will of the Donors, and foimd the fame to be true. Ordered, That the Bill be ingroffed.
:

A Bill for vefting certain entail'd Lands, with the Appurtenances, therein mentioned,
in Thomas Turner in Fee-Simple; and for fettling other Lands and Negros, of greater Value, to the fame Ufes was read a fecond Time. Ordered, That the Bill be ingroffed. A Bill for fettling fome Doubts and Differences of Opinions, in Relation to the Benefit of Clergy; for allowing the fame to Women, and taking away of Reading; and to difable certain Perfons therein mentioned, to be Witneffes was read a fecond Time and an Amendment was made to the Bill, at the Table. Ordered, That the Bill, with the Amendments, be ingroffed.
;
;

A Bill,
ford the
third Time.

intituled,

An Ad. to oblige the County


Means
of the

of Caroline, to of

reimburfe William

Wood-

Damages he

fuftain'd, by

Efcape

Benjamin Fletcher, was read a

Refolved,

That the

Bill

do pafs.
therein mentioned, with
fettling other

Bill, intituled,

the Appurtenances, to

to confirm certain entail'd Lands John Tayloe, Efq; in Fee-Simple; and for

An Ad

Lands and

Negros therein alfo mentioned, read a third Time.


Refolved,

of greater Value, in

Lieu

thereof, to the

fame Ufes; was

Ordered,

That the Bill do pafs. That M-- Conway do carry the

Bills to the Cotmcil;

and

defire their

Con-

currence.
Bill, intituled, An Ad for vefting certain entail'd Lands, with the Appurtenances, in the County of Northampton, in Gertrude Harmanfon, in Fee-Simple; and for fettling

other

(i49)
other

Lands and Negros,


Refolved,

of greater Value, in

Lieu

thereof, to the

fame Ufes; was read

a third Time.

That the

Bill

do

pafs.

fettling new Ferries over James, Appamatox, Nottoway, Rappahanock, and Pattowmack Rivers, was read a third Time. And an Amendment was made to the Bill, at the Table. Refolved, That the Bill do pafs. Ordered, That M-- Attorney-General, do carry the Bills to the Coimcil; and defire
Bill, intituled,

An Ad for

their Concurrence.

Attorney-General prefented to the Houfe (according to Order) a Bill to reftrain Number of Horfes, and Mares; and for Amending the Breed thereof; and to prevent tmbroke Horfes and Mares, and breeding Mares from going at large in uninclofed Grotmds And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time.
M"-

the keeping too great a

to

amend

The Houfe (according to Order) proceeded to the further Confideration of the Bill, the Adt, for Amending the Staple of Tobacco; and for preventing Frauds in His

Majefty's Cuftoms.

And

feveral other

Amendments were made


Bill,

to the

Bill,

at the Table.

with the Amendments, be ingroffed: And that the Title the of Bill be. An Ad to Amend and Explain the Ad, for Amending the Staple of Tobacco; and for Preventing Frauds in His Majefty's Cuftoms. A Meffage from the Council: That they have agreed to the Bill, intituled. An Adt to enable and oblige the Parifh
Ordered,

That the

County, to reftmd and pay back to the Parifh of St. Mark, Tobacco therein mentioned. Alfo to the Bill, intituled. An Adl for Altering the Place for holding Courts, in the County of Spotfylvania, without any Amendment. Ordered, That the Confideration of the Report of the Committee of Propofitions and Grievances, put off 'til to Day, be further put off 'til To-morrow. Ordered, That M-" Boufh have Leave to be abfent from the Service of the Houfe, for a Week; and M"' Walke for a Fortnight. Ordered, That the Houfe be adjourn 'd 'til To-morrow Morning Eleven a Clock.
of St. George, in Spotfylvania
in the

County

aforefaid, the

Saturday, June 17, 1732.


Houfe (according to Order) a Bill to reftrain the Inof Delaware, from keeping too great a Number of Cattle, Horfes, and Sheep, or any Hogs running at large And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. Ordered, That M"' Power have Leave to be abfent from the Service of the Houfe 'til Wednefday next. The Houfe (according to Order) proceeded to take into Confideration, the Report of the Committee of Propofitions and Grievances And thereupon, Ordered, That a Bill be brought in, to join fome Parts of the Counties of Surry, and I fie of Wight, to the Covmty of Brunfwick: And that the Committee of Propofitions and Grievances, do prepare and bring in the fame. Ordered, That M"' Randolph have Leave to be abfent from the Service of the Houfe
to the

MR.

Fox prefented

habitants of the

Town

'til

Tuefday next.

A
entail'd

Bill, intituled,
;

An Ad
to

to

enable

therein mentioned

and

lay out the

Lands, therein alfo mention'd;

Thomas Bray, Gent, to fell Pur chafe-Money in Slaves, was read a third Time.

certain entail'd
to be

Lands

annex'd

to other

Refolved,

(i5o)
Refolved, Neniine Contradicente,

That the

Bill

do

pafs.
of

Bill,

intituled,

An Ad

for fettling fonte

Doubts and Differences

Opinion, in

Relation

to the

Benefit of Clergy;
to

for allowing the

fame

to

Women, and

Reading; and
third Time.
Refolved,

di fable certain Perfons therein mentioned, to be

away of Witneffes; was read a


taking

Ordered,

That the Bill do pafs. That the Committee for Courts

of Juftice

do carry the
of Horfes

Bills to

the Council;

and defire their Concurrence. A Bill to reftrain the keeping too great a

and Mares; and for Amending the Breed thereof; and to prevent unbroke Horfes and Mares, and breeding Mares from going at large, in vminclofed Groimds; was read a fecond Time. Ordered, That the Bill be ingroffed. A Bill to Revive and Continue certain Parts of an Adl, intituled, An Ad for afcertaining the Fees of certain Officers; and for better fettling the Fees of Coimty Court Clerks and Sherifs, and of Attorneys, in Caufes depending in the County Courts, to be allowed and an Amendment was made to the Bill, in the Bill of Cofts; was read a fecond Time

Number

at the Table.

with the Amendment, be ingroffed. the Houfe, That by the Laws now in Force, no acquainted M"" Attorney-General adequate Punifhment is inflidled on Perfons clandeftinely taking away of Slaves; that he had prepared a Bill, to make the Taking of Slaves unlawfully, Felony, without Benefit
Ordered,

That the

Bill,

of Clergy

which he defired the Houfe would receive And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. Ordered, That the Houfe be adjourn 'd 'til Monday Morning Eleven a Clock.
;

Monday, June 19, 1732.

A
A
Clergy,

Bill to reftrain

the Inhabitants of the


of Cattle, Horfes,
;

great a

Number

Town of Delaware, from keeping too and Sheep, or any Hogs running at large,
of

was read a fecond Time and feveral Amendments were made to the Body the Bill, and an Amendment was made to the Title of the Bill. Ordered, That the Bill, with the Amendments, be ingroffed.
Bill to

make the Taking of Slaves vmlawfuUy, Felony, without the Benefit of was read a fecond Time. Ordered, That a Bill be committed to a Committee of the following Perfons: M' Attorney-General, Burges, M'' Toy he, M' Lee, M"" Blair, M"' Robert Boiling, M' Meriwether, M"" Conway, M"" Braxton, M"" Eskridge, and M'' Martin.

Meffage from the Council: That they have agreed to the Bill,

intituled,

An Adl

to confirm certain entail'd

therein mentioned, with the Appurtenances, to


for fettling other

John Tayloe, Efq; in Lands and Negroes therein alfo mentioned, of greater Value, in Lieu thereof, to the fame Ufes. Alfo to the Bill, intituled. An Adt for confirming certain entail'd Lands therein mention'd, to William Meriwether, in Fee-Simple; and for fettling other Lands and Negros, in Lieu thereof, to the fame Ufes. Alfo to the Bill, intituled, An Adt to enable Charles Barham, to fell certain entail'd Lands therein mention'd; and to purchafe other Lands therein alfo mention'd, in Lieu thereof, to the fame Ufes. Alfo to the Bill, intituled. An Adt for vefting certain entail'd Lands, in John Allen, Gent, in Fee-Simple; and for fettling other Lands and a Mill, of greater Value, to the fame Ufes.
Alfo

Lands Fee-Simple; and

Alfo

to the Bill, intituled,

An Adl

to fettle certain entail 'd Lands, with the

Appur-

tenances, in the County of Effex, whereof William Loury and Mary his Wife, in Right of the faid Mary, are feif ed, upon the Iff ue of the faid Mary, by her laft Marriage and
;

for fettling other Lands, in Lieu thereof, to the

fame Ufes.

Adl for pulling down Wooden Chimneys, in the Towns of Southampton and Norfolk; and to prevent the Building of others for the future. Alfo to the Bill, intituled. An Adl for Altering the Days for holding the Courts of Richmond and Weftmorland Counties, without any Amendment. M"" Robert Balling, acquainted the Houfe, That the Perfons appointed, having had under their further Confideration, the Treafurer's Accotmts, and found a Blank therein, for an Allowance to the Printer, for printing feveral Things, for the Ufe of the Tobacco Infpedtors, he defired the Diredtion of the Houfe therein: And the Account of the
Alfo
to the Bill, intituled.

An

was read; and upon the Queftion, That it be an Inftrudlion to the Gentlemen appointed to examine the Treafurer's Accounts, to allow for that Article, Sixty Two Pounds Twelve Shillings and
Printer
Ordered,

Six Pence.

Bill, intituled,

An Ad

to

reftrain the keeping too great a

Number

of Horfes,

and

Mares; and for Amending the Breed thereof; and to prevent unbroke Horfes and Mares, and breeding Mares, from going at large in uninclofed Grounds; was read the third Time. And after a Debate, the Queftion was put. That the Bill do pafs?
Refolved, In the Affirmative.

Bill, intituled,

An Ad

for vefting certain entail'd Lands, with the Appurtenances,

therein mentioned, in

Thomas Turner

in Fee-Simple;

and

for fettling other

Lands and

Negros, of greater Value, to the fame Ufes; was read the third Time. Refolved, That the Bill do pafs. Ordered, That M'' Attorney -General do carry the Bills to the Council;

and

defire their

Concurrence.
M''

Attorney-General, acquainted the Houfe,

That

Col. Spotfwood,

had

defired

him

to

inform them. That he was willing to fend by the firft Opportunity for Arms and Ammunition, for the Coimty of Brunfwick, to the Value of Two Hundred and Thirty Nine Poimds Seventeen Shillings, remaining in his Hands for that Purpofe. Refolved, That this Houfe is fatisfied with the Engagement of the faid Col. Spotfwood.

That the faid Arms and Ammunition, be diredled to be put on board fome Ship coming into James River, and delivered to Henry Harrifon, Efq; Lieutenant of the Cotmty of Brunfwick. Ordered, That the Houfe be adjourn 'd 'til To-morrow Morning Eleven a Clock.
Ordered,

Tuefday, June 20, 1732.

MR.

Robert Boiling reported. That the Perfons appointed, had (according to Order) examined the Treafurer's Accounts; and that the Ballance remaining
in his

Hands, was Four Thoufand Six Hundred and Nineteen Pounds Five Shillings and a Half Penny. Refolved, That the faid Accounts do pafs. Ordered, That M"- Robert Boiling do carry the fame to the Council and defire their
;

Concurrence.

M' Ewell moved for Leave to prefent a Bill, for continuing An Ad for Killing Squirrels and Crows, in the Counties of Accomack and Northampton And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. The Houfe being informed. That the Church of the Parifh of St. Mark, in the County of Spotfylvania, which was built at the Public Charge, was lately burnt; and that there was good Reafon to fufpedt it to have been wilfully and malicioufly done:
:

(i5=)

Motion was made, and the Queftion put, That a Reward be given to any Perfon, who fhall difcover the Perfon or Perfons who committed that Fad? Refolved, That the Reward of one Hundred Pounds be given out of the Public Money, in the Hands of the Treafurer, to any Perfon who fhall difcover and convidt the

Perfon or Perfons
vania.

who burnt

the Parifh Church of St. Mark, in the County of Spotfylfaid Refolve to the Council;

Ordered,

That M' Lee do carry the

and

defire their

Concurrence.

Him to iffue a Proclawho fhall difcover Perfon mation, offering a Reward of One Hundred Pounds, to any and convidl the Perfon or Perfons who are guilty of Burning the faid Church And to promife His Majefty's Pardon to fuch Difcoverer, except the Principal Offender.
Refolved,

That an Addrefs be made

to the Governor, to defire

Ordered, General,

That

M-" Lee,

W Francis

Willis,

M' Henry

Willis, M"' Blair, M"' Attorney-

do wait on the Governor, with the faid Addrefs. to amend and explain the A6t, for Amending the Staple of in His Majefty's Cuftoms; was read the third Time. preventing Frauds and Tobacco; for And an Amendment was made to the Bill, at the Table. Refolved, That the Bill do pafs. Ordered, That the Committee of Propofitions and Grievances do carry the Bill to the Council; and defire their Concurrence. A Bill, intituled, An Ad. to confirm and eftablifh an Agreement, between Richard Coleman, William Thornton, and Francis Thornton, for the Exchange of certain entail'd Lands therein mention'd; and for fettling the fame, with certain Negro Slaves, according to the Will of the Donors; was read the Third Time. Refolved, That the Bill do pafs. Ordered, That M'' Francis Willis do carry the Bill to the Council; and defire their

and

M'' Tayloe,

Bill, intituled,

An Ad

Concurrence.

Motion being made, That the Houfe would take fome Meafures, to reprefent to the of Great-Britain, the miferable State of the Tobacco Trade; and to induce them to eftablifh fome better Methods of Securing and Colledling the Duties upon Tobacco, for preventing the notorious Frauds which have long fubfifted, and occafion'd the intolerable Hardfhips that Trade at prefent labours under: A Debate arofe; and thereupon, Refolved, That a Petition be made, to the Honourable the Knights, Citizens, and Burgeffes, of the Parliament of Great-Britain, to put Tobacco under an Excife. Ordered, That a Committee be appointed to draw up the faid Petition And it is referr'd to M' Lee, M"" Conway, Tayloe, My Burges, M^ Robinfon, M'' Randolph, M'' Meriwether, M"" Francis Willis, M"' Henry Willis, M"" Martin, and M'' Fleming. A Bill, intituled. An Ad to enable Robert Carter, Efq; one of the Executors of the laft Will and Teftament of Mann Page, Efq; deceafed, to pay the Debts of the faid Mann Page; and to entitle him to receive Intereft for the Money he hath advanced or fhall advance for that Purpofe; and to charge the Eftate of the faid Mann Page, with the Repaiment of the Principal and Intereft; was read the third Time. Refolved, That the Bill do pafs. Ordered, That M^ Eskridge do carry the Bill to the Council and defire their ConcurParliament
:

rence.

keeping too great a

Inhabitants of the Town of Delaware, from and Horfes; and from keeping any Sheep or Hogs, running at large; the third Time. Refolved, That the Bill do pafs. Ordered, That M-- Fox do carry the Bill to the Council; and defire their Concurrence. M' Attorney-General prefented to the Houfe (according to Order) a Bill for adding Part of the Counties of Surry, and I fie of Wight, unto the County of Brunfwick, and
Bill, intituled,

An Ad

to reftrain the

Number was read

of Cattle,

Part

(153)

Part of the Parifhes of Lawne' s-Cveek Southwark, and Warwickfqueak, in the faid Coxrnand I fie of Wight, unto the Parifh of St. Andrew, in the faid County of Brunfwick And the fame was received, and read the firft Time.
ties of Stirry,
:

That the Bill be read a fecond Time. M' Attorney -General reported, from the Committee to whom the Bill for dividing every of the Coimties of Richmond, King George, and Prince William, into two diftindl Parifhes, feveral Amendments made by the Committee to the Bill, which he read in his Place; and afterwards delivered the Bill, with the Amendments, in at the Table, where the Amendments were again twice read, and agreed unto by the Houfe. And a further Amendment was made to the Bill, at the Table. Ordered, That the Bill, with the Amendments, be ingroffed. Ordered, That M' Surges have Leave to be abfent from the Service of the Houfe for a Week. Ordered, That the Houfe be adjoum'd 'till To-morrow Morning Eleven a Clock.
Ordered,

fF'ednefday,

June 21, 1732,

to continue An Ad for Killing Squirrels and Crows, in the Counties of Accomack, and Northampton, was read a fecond Time. Ordered, That the Bill be ingroffed. A Bill for adding Part of the Counties of Surry, and I fie of Wight, unto the Coimty of Brunfwick; and Part of the Parifhes of Laifne's-Creek Southwark, and Warwickfqueak, in the faid Counties of Surry, and Ifle of Wight, unto the Parifh of St. Andrew, in the faid County of Brunfwick, was read a fecond Time. And an Amendment was made to the Bill, at the Table. Ordered, That the Bill, with the Amendment, be ingroffed. A Bill, intituled, An Ad to revive and continue certain Parts of an Ad, intituled, An Ad for afcertaining the Fees of certain Officers; and for better fettling the Fees of County Court Clerks and Sherifs, and of Attorneys, in Caufes depending in the County Courts, to be allowed in the Bill of Cofts; was read the third Time. And a Word was alter'd in the
Bill
Bill,

at the Table.
Refolved,

Ordered,
rence.

That the Bill do pafs. That M"' Tayloe do carry the

Bill to the

Council

and

defire their

Concur-

A Bill, intituled. An Ad for dividing every of the Counties of Richmond, King George, and Prince William, into two diftind Parifhes, was read the third Time. Refolved, That the Bill do pafs. Ordered, That M'' Attorney -General do carry the Bill to the Council; and defire their
Concurrence.
M''

Attorney-General reported, from the Committee to

taking of Slaves tmlawfully, Felony, without Benefit of Clergy,

the Committee to the Bill wards delivered the Bill, with the Amendments, in at the Table; where the Amendments were again twice read, and agreed to by the Houfe. Ordered, That the Bill, with the Amendments, be ingroffed. The Houfe, upon a Motion, proceeded to take into Confideration the Book of Claims, and Part of the Book was read. Ordered, That the further Confideration of the Book of Claims, be adjoum'd 'til To-morrow. Ordered, That the Houfe be adjoum'd 'til To-morrow Moming Eleven a Clock.
;

Amendments made by

the Bill to make the was committed, feveral which he read in his Place, and after-

whom

Thurfday,

(154)

Thurfday, June 22, 1732.

MR.
A

Lee prefented to the Houfe (according to Order) a Bill to explain the Duty of Surveyors, and prevent their unlawful Fees; and for better fecuring the Paiment of Surveyors Fees: And the fame was received, and read the firft

Time.
Ordered,

That the Bill be read a fecond Time. Meffage from the Council

That they have agreed to the Bill, intituled. An Adl for fettling fome Doubts and Differences of Opinion, in Relation to the Benefit of Clergy; for allowing the fame to Women, and taking away of Reading and to difable certain Perfons therein mentioned,
;

to be Witneffes.

Alfo to the Bill, intituled. An Adt to enable Thomas Bray, Gent, to fell certain entail 'd Lands therein mention'd; and to lay out the Purchafe-Money in Slaves, to be armex'd

Appurtenances, in the County of Northampton, in Gertrude Harnianfon in Fee-Simple and for fettling other Lands and Negros, of greater Value, in Lieu thereof, to the fame Ufes; without any Amendment. And that they have made feveral Amendments to the Bill, intituled. An Adl prefcribing the Method for Proving Book Debts. And alfo to the Bill, intituled, An Adl for fettling new Ferries over James, Appamatox, Nottoway, Rappahanock, and Pattowmack Rivers; to which they defire the Concurrence of
;

to other entail'd Lands, therein alfo mention'd. Alfo to the Bill, intituled. An Adl for vefting certain entail'd Lands, with the

this

to the Refolves, for fettling a Yearly Salary on M'' paying George Webb One Himdred Pounds. William Parks, Printer; and for The feveral Petitions following, were prefented to the Houfe, and read, viz. A Petition of Robert Spotfwood, John Chew, and John Lightfoot, Tobacco Infpedlors at the Public Warehoufes at Falmouth, in the County of King George; fetting forth. That one of the faid Warehoufes was lately burnt, and it is fuppofed wilfully and malicioufly that a great Quantity of Tobacco, for which they had paff ed Notes, was birmt in that Houfe And praying the Confideration of the Houfe therein.
;
:

Houfe. That they have likewife agreed

Alfo the feveral Petitions, of Robert Jones, John Paterfon,


Courtney, Robert Sturdy, William Bethell,

had

carried feveral

Hogfheads

of

James Jones, John and Thomas Wood; fetting forth. That they Tobacco to the faid Warehoufe to be infpedled; that
it
:

the fame was burnt in the Houfe, before the Infpedlors could view Relief, as the Houfe fhall think fit.
Ordered,
for Public Claims

And

praying fuch

That the faid Petitions be referr'd to the Confideration of the Committee and that they do examine the Matter thereof, and report the fame,
;

with their Opinions thereupon, to the Houfe. The Houfe proceeded to the further Confideration of the Book of Claims; feveral Miftakes being found therein.

and

That the Book be committed. Then the Houfe proceeded to take into
Ordered,

Confideration, the

Amendments made by

the Council, to the

Bill, intituled.

And

to the

Bill, intituled.

An Ad prefcribing the Method for Proving Book Debts. An Ad for fettling new Ferries over James, Appamatox,

Nottoway, Rappahanock, and Pattowmack Rivers. And the Amendments were feverally read, and agreed to, by the Houfe. Ordered, That M-- Attorney-General do carry the Bills to the Council; and acquaint them. That this Houfe hath agreed to the Amendments by them made, to the fame.
Bill, intituled. An Ad for adding Part of the Counties of Surry, and Ifle of Wight, unto the County of Brunfwick, and Part of the Parifhes of h&wne' s-Creek, Southwark,

and

(^55)

and Warwickfqueak, in the Counties of Surry, and Ifle of Wight, unto Andrew, in the County of Brtinfwick, was read the third Time. Refolved, That the Bill do pafs.

the

Parijh of

St.

Coitnties of

An Ad to continue An Ad for Killing Squirrels and Crows, in the Accomack, and Northampton, was read a third Time. Refolved, That the Bill do pafs. Ordered, That M-- Fox do carr>' do carry [fie] the Bills to the Council; and defire
Bill, intituled.

their Concurrence.

Clergy,

An Ad to make the Stealing of Slaves Felony, without Benefit of was read the third Time. Refolved, Nemine Contradicente, That the Bill do pafs. Ordered, That M'' Attorney-General do carry the Bill to the Coimcil; and defire their
Bill, intituled,

Concurrence.
fevert.1

Speaker acquainted the Houfe, That he was diredled to lay before the Hotife, Papers relating to divers Tranfa(5lions in Great-Britain, concerning this Colony, and the other Plantations in America and the fame were read. Ordered, That the Houfe be adjoum'd 'til To-morrow Morning Eleven a Clock.
M''
;

Friday, June 23, 1732.

MR.
And
M"'

Lee reported. That the Perfons appointed, had (according to Order) waited upon the Governor with an Addrefs, That he would be pleafed to iffue His Proclamation, promifmg a Reward and Pardon, for difcovering the Perfons, who burnt the Parifh Church of St. Mark, in the County of Spotfylvania:

that He was pleafed to fay, He would iffue His Proclamation accordingly. Lee alfo reported. That the Perfons appointed, had (according to Order) alfo waited upon the Governor, to defire Him, to caufe the Seal of the Colony, to be fixed to a copy of the Petition of this Houfe, at the laft Seffion, to the King in Council, in Relation to the Northern-Neck Grant and to a Duplicate thereof and to tranf mit the fame
;

and to procure one of them to be prefented to His Majefty And that he was likewife pleafed to fay. That the Seal fhould be fixed to fuch Copy and Duplicate; and that the fame fhould be tranfmitted, as was defired. A Bin to explain the Duty of Surveyors, and prevent their taking unlawful Fees; and for better fecuring the Paiment of Surveyors Fees was read a fecond Time And a Blank was filled up in the Bill; and feveral Amendments were made to the fame at the Table. Ordered, That the Bill, with the Amendments, be ingroffed. M^ Robert Boiling reported, from the Committee of Public Claims, That they had examined the feveral Miftakes in the Book of Claims, and redlified the fame And having examined the Matter of the feveral Petitions, to them referr'd Yefterday, had agreed upon a Report, which they had inferted in the faid Book; and he delivered the Book
;
:

in at the Table.

And the Houfe proceeded to take the fame into Confideration and fome Amendments were made therein, by the Hotife. Ordered, That the further Confideration of the Book of Claims be adjoum'd 'til Tomorrow. A Meffage from the Cotmcil That they have agreed to the Bill, intituled. An Adl to enable Robert Carter, Efq; One of the Executors of the laft Will and Teftament of Mann Page, Efq; deceafed, to pay the Debts of the faid Mann Page; and to entitle him to receive Intereft for the Money he hath advanced, or fhall advance for that Purpofe; and to charge the Eftate of the faid Mann Page, with the Repaiment of the Principal and Intereft.
;

And

(156)

And alfo to the Bill,

intituled.

An Adl to confirm and eftablifh an Agreement, between

Richard Coleman, William Thornton, and Francis Thornton, for the Exchange of certain entail'd Lands, therein mentioned; and for fettling the fame, with certain Negro Slaves, according to the Will of the Donors. And alfo to the Bill, intituled. An Adl for vefting certain entail'd Lands, with the

Appurtenances, therein mentioned, in Thomas Turner, in Fee-Simple; and for fettling other Lands and Negros, of greater Value, to the fame Ufes. And alfo to the Bill, intituled, An Adl to ref train the Inhabitants of the Town of Delaware, from keeping too great a Number of Cattle, and Horfes; and from keeping

any Sheep, or Hogs, running at large; without any Amendment. Ordered, That the Houfe be adjoum'd 'til To-morrow Morning Eleven a Clock.

Saturday June 24, 1732.


i

MR.
And

Conway moved for Leave to prefent to the Houfe, a Bill for leffening the Reward for killing of Wolves: And the fame was received, and read the
firft

Time.
Ordered,

That the

Bill

be read a fecond Time.

the fame

was read accordingly.

That the Bill be committed to a Committee of the following Perfons: M'' Conway, M"" Robin fon, M"" Lee, M'' Francis Willis, M' Attorney-General, M'' McCarty, M' Braxton, and M"' Strother. M'' Lee reported, from the Committee for Courts of Juftice, That upon further Enquiry into the Temporary Laws, they find, An Ad, for making more effedual Provifion againft Invafions and Infurredions will fhortly Expire. And that they had prepared a Bill, to continue the fame; which he prefented to the Houfe And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. And the fame was read accordingly, and ordered to be ingroffed. A Bill, intituled. An Ad to explain the Duty of Surveyors, to prevent their taking unlawful Fees; and for better fecuring the Paiment of Surveyors Fees; was read the third
Ordered,
, :

Time.
Refolved,

Ordered,

That the Bill do pafs. That the Committee for Courts

of Juftice,

do carry the

Bill to the Council;

and
the
the

defire their Concurrence.


M''
ill

Attorney-General prefented to the Houfe (according to Order) a Bill to reftrain


:

firft

Ufage of Slaves, held by Tenants for Life Time.

And

the fame was received, and read

Ordered,

That the
intituled.

Bill

be read a fecond Time.


to

Bill,

An Ad

continue the

Ad

for

more effedual Provifion againft

Invafions and Infurredions,


Refolved,

was read the

third Time.

Ordered,

That the Bill do pafs. That the Committee for Courts

of Juftice,

do carry the

Bill to the Council;

and

defire their Concurrence.

A Motion being made. That a Reward be given to any Perfon, who fhall
Perfon, or Perfons,

difcover the

the Public Warehoufe at Falmouth. The Queftion was put, That fuch a Reward be given?
Refolved, In the Affirmative.

who burnt

Refolved,

That the Reward

of

Money,

in the

Hands
M--

of the Treafurer, to

One Himdred Poimds, be given out of the Public any Perfon who fhall difcover and convidt

the Perfon, or Perfons,


Ordered,

That

who burnt the Public Warehoufe at Falmouth. Lee do carry the faid Refolve to the Council; and defire their
Refolved,

Concurrence.

(157)
Refolved,

That an Addrefs be made to the Governor, to

defire

Him
to

to iffue a Pro-

clamation, promifing the faid


fhall difcover

Reward

of

and convidl the Perfon, or of Burning the faid Warehoufe; together with His Majefty's gracious Pardon, to fuch Difcoverer, except
Ordered,

One Hundred Pounds, Perfons, who are guilty

any Perfon, who

the Principal Offender.

That

M"- Lee, M-"

General,

and

M'' Tayloe,

Francis Willis, M-- Henry Willis, M"- Blair, do wait on the Governor, with the faid Addrefs.

W Attorney-

A Meffage from the Council


That they have made fame Amendments to the Bill, intituled. An Adt to amend and explain the A(5t for Amending the Staple of Tobacco and for preventing Frauds in His Majefty's Cuftoms; to which they defire the Concurrence of this Houfe. The Houfe refumed the further Confideration of the Book of Claims; and another Part thereof was read, and agreed to, by the Houfe.
;

Ordered,

Ordered,

That the further Confideration of the Book, be adjoum'd 'til Monday. That the Houfe be adjoum'd 'til Monday Morning Eleven a Clock.

Monday, June 26, 1732.


Motion being made to the Houfe, to confider the Claims of the TobaccoInfpedtors, for keeping People to watch the Public Warehoufes, Refolved, That it is the Opinion of this Houfe, That the faid Infpedlors, ought to apply to the Governor and Council, to be reimburfed their Expences, in watching the Public Warehoufes; out of the Revenue of Two Shillings a Hogfhead upon Tobacco, being a contingent Charge of the Government. The Houfe refumed the further Confideration of the Book of Claims; and another Part of the Book was read, and one Article was difagreed to, and feveral Alterations made
therein.

A
A

Ordered,

That the further Confideration

of the

Book, be adjoum'd

'til

To-morrow.

Meffage from the Coimcil: That they have made feveral Amendments

to the Bill, intituled.

An

Adl to revive and


of Attorneys, in

continue certain Parts of an Adl, for afcertaining the Fees of certain Officers; and for
better fettling the Fees of

County Court

Clerks,

and

Sherifs;

and

Caufes depending in the County Courts, to be allowed in the Bill of Cofts.

Alfo to the Bill, for dividing every of the Coimties of Richmond, King George, and Prince William, into Two diftindt Parifhes; to which they defire the Concurrence of this
Houfe.

And that they have agreed

to the Bill, intituled.

An Adl to make

the Stealing of Slaves,

Felony, without Benefit of Clergy.

Alfo to the Bill, intituled, An Adl to oblige the County of Caroline, to reimburfe William Woodford, the Damages he fuftain'd by Means of the Efcape of Benjamin
Fletcher.

Alfo

to the Bill, intittded,

Provifion againft Invafions


Ordered,

An Adl to continue the Adl, for making more effedlual and Inf urredlions without any Amendment. That the Houfe be adjoum'd 'til To-morrow Moming Eleven a Clock.
;

Tuefday, June 27, 1732.


McCarty have Leave to go Home for Recovery of his Health. The Houfe refumed the Confideration of the Book of Claims, and went thro' it; and feveral Articles were difagreed to; and the reft of the Book was agreed to, by the Houfe. Then a Memorial of M'' Secretary Carter, was prefented to the Houfe, and read; defiring an Allowance to be made for Fire-Wood for his Office

ORDERED, That

M--

And

(158)
after a Debate, the Queftion was put, That an Allowance be made, according of the Memorial. Prayer to the It paffed in the Negative.

And

written Meffage from the Governor,


of the

was delivered by M'


of Burgeffes,

Robertfon, as follows

Mr. Speaker, and Gentlemen

Houfe

y
I

'JFON

the repeated Advices, of the

Burning

of divers of the Public

Warehoufes in

^^I

the Northern-Neck, / did, with the Advice of the Council, dired the Infpedors to appoint Perfons they could heft confide in, to keep Watch at the refpedive

Warehoufes throughout

the Colony,

to

prevent

the

like

Mifchiefs

for

the

future:

neceffary, and intended to fave a much greater Charge, And fince this which, without it, might have fallen upon the Public, by the deftroying of more of thofe Houfes, befides preventing the Lofs which thereby might have fallen on the Owners of the Tobacco; I doubt not you will think it reafonable to difcharge the Allowances to thofe Watches, amongft the other incident Charges arifing on the Execution of the Tobacco Law. And when you confider, how eafy it is, for any evil difpofed Per fon, to break and rob any of thofe Houfes, and afterwards to fet them on Fire, on Purpofe to conceal that Felony, I am perfuaded you will be induced to continue the like Guard hereafter, with fuch reafonable Reward, as may enable the Infpedors to provide honeft and diligent Men for that

Precaution was very

Service.

June 27th, 1732.


Ordered, Ordered,

WILLIAM GOOCH.

That the fame do lie upon the Table, for the Perufal of the Members. That the feveral Sums following be paid to the feveral Officers of the
1.

General Affembly, refpedlively


s.

d.

To M' John Randolph, Clerk


Salary,

of the

Houfe

of Burgeffes, for his ufual

100
50

To To To

the faid Clerk, for his further Allowance, the faid Clerk, for Copies of the Laws, and Journals, to be tranf-

mitted to England,
the faid Clerk, for finding Books, Paper, and Parchment, for Six
Seffions, at

25

00 00 00
o

Five Pounds a Seffion,

30
50
10

To M"' William
Seffion,

Robertfon, Clerk of the Council, his ufual Salary for this

To To

the faid Clerk, for Copies of the Journal of Council, to be tranfmitted


to England,
M''

00 00
o o o

Matthew Kemp, Clerk

of the Committee of Propofitions

and Griev40

ances,

To M' Benjamin Needier, Clerk of the Committee for Courts To M"" Miles Cary, Clerk of the Committee of Public Claims, To M' Philip Finch, Serjeant at Arms, To M' Francis Fountain, Chaplain, To the Door-keeper of the Council, To Nicholas Wager, 10

of Juftice,

40
40 50 20
10

o o o o o

o o
o

00
o

John Mundel,
William Francis, William Johnfon,
Ordered,
Ordered,

10 10 10

o Door-keepers,
32
10

7
7

That the faid Allowances be inferted in the Book of Claims. That the Committee for Public Claims carry the Book to the Cotmcil, for

their Concurrence.

M' Lee reported. That the Perfons appointed, had (according to Order) waited on Him to iffue His Proclamation, promifmg a Reward, and Pardon, to any Perfon who fhould difcover and convidl the Perfon, or Perfons, who are guilty of Burning the Public Warehoufe at Falmouth, except the principal Offender.
the Governor, to defire

And

(159)

And

that he was pleafed to fay,


alfo reported,

Mr Lee

He would iffue His Proclamation, as was defired. That the Perfons appointed, had (according to Order) drawn

up a Petition, to be prefented to the Pariiament of Great-Britain; complaining of many Hardfhips and Oppreffions the Tobacco Trade now labours under; and praying Relief therein Which they had diredled him to report to the Houfe, when the Houfe would
:

to pleafe receive

it

the fame was received, and read, and agreed to, by the Houfe. Ordered, That a Meffage be fent to the Council, to acquaint them, That this Houfe delire their Concurrence to the faid Petition; and that the fame fhall be delivered to them at a Conference That this Houfe will appoint Six of their Members, to meet fuch of the Members of the Cotmcil as fhall be appointed, at an immediate Conference, upon the
:

And

Subjedt Matter of the faid Petition.

That M'' Lee go up with the Meffage. a Meffage was delivered from the Coimcil That they do agree to an immediate Conference, upon the Subjed Matter of the Petition to the Parliament; and have appointed Three of their Members, who are now ready to meet the Managers of this Houfe.
Ordered,

And

M"' Tayloe, M" Robinfon, Mr Randolph, and M'' and attend the Conference with the Council And they withdrew accordingly; and being returned, M"" Lee reported. That the Perfons appointed, had (according to Order) met the Conferees of the Council, and delivered the Petition to them; which they received, and faid. They muft confider it: But defired to know, if this Houfe wou'd admit of any Amendments? To which the Managers of this Houfe anfwered. That they had no In-

Ordered,

That

M'' Lee, M"'

Conway,

Meriwether, do forthwith withdraw,

ftrudtions about that Matter.

Committee to whom the Bill for leffenuig the Reward was committed; feveral Amendments made by the Committee, to the Bill; which he read in his Place, and afterwards delivered the Bill, with the Amendments, in at the Table: And the Amendments were again twice read; and with fome Amendments, were agreed vmto, by the Houfe. Ordered, That the Bill, with the Amendments, be ingroffed. The Houfe proceeded to take into Confideration the Amendments made by the Coimcil, to the Bill, intituled. An Ad to amend and explain the Ad, for Amending the Staple of Tobacco; and for preventing Frauds in His Majefty's Cuftoms; and the fame were feverally twice read; and fome of them were agreed to, with an Amendment to one of them, and the reft difagreed to, by the Houfe. Ordered, That a Meffage be fent to the Council, to acquaint them, That this Houfe hath agreed to all the Amendments by them made to the faid Bill, with an Amendment to one of them, except thofe marked in the Margin of their Amendments, to be difagreed
M"'

Conway

reported, from the

for Killing of Wolves,

to:

the

that M'^ Attorney-General do go up with the Meffage. Meffage from the Council That they have made fome Amendments to the Book of Claims; Concurrence of this Hotife.

And

to

which they defire

And

the

Amendments were
That
it is

read.

the Opinion of this Houfe, That the Fees of the Attorney-General, and Clerk of the General-Court, arifmg upon the Profecution of Criminals, ought not to be paid out of the Revenue upon Liquors, in the Hands of the Treafurer.
Refolved,

Refolution

That a Meffage be fent to the Coimcil, to acquaint them with the faid and that the Committee for Publick Claims do go up with the Meffage. Ordered, That the Houfe be adjourn 'd 'til To-morrow Morning Eleven a Clock.
Ordered,
;

Wednefday,

(i6o)

Wednefday, June 28, 1732.

with the Amendments, be ingroffed. Reward for Killing young Wolves; and for preAn Certificates for Wolves Heads; was read the third Time. venting Fratids in obtaining Refolved, That the Bill do pafs. Ordered, That M"' Conway do carry the Bill to the Council and defire their ConcurOrdered,

Bill to reftrain

the

ill

fecond
Table.

Time: And

after a Debate, feveral

Ufage of Slaves, held by Tenants for Life, was read a Amendments were made, at the
Bill,

That the

ingroffed

Bill, /or

leffening the

rence.

The Houfe proceeded to take into Confideration, the Amendments made by the Council, to the Bill, intituled, An Ad for dividing every of the Counties of Richmond,
King George, and Prince William, into Two diftind Parifhes: And the fame were feverally twice read, and agreed to by the Houfe. The Houfe alfo proceeded to take into Confideration, the Bill, intituled, An Ad to revive and contintie certain Parts of an Ad, for afcertaining the Fees of certain Officers; and for better fettling the Fees of County Court Clerks, and Sherifs; and of Attorneys, in Caufes depending in the County Courts, to be allowed in the Bill of Cofts: And the fame were feverally twice read, and agreed to by the Houfe. Ordered, That M"' Blair do acquaint the Council, That the Houfe hath agreed to the Amendments by them made to the faid Bills. A Meffage was delivered from the Council
That they had had under their Confideration, the Report of their Managers, from the Conference Yefterday; and that they defired another Conference upon the fubjed Matter of
that Conference,

and had appointed


Houfe.

the

fame Managers; who are now ready

to

meet the

Managers

of this

That the Managers who were appointed to manage the Conference Yefterday, do forthwith withdraw, and attend the Conference defired by the Council And they withdrew; and being returned, M"' Lee reported, That the Managers of the Council, had acquainted the Managers of this Houfe, That they propofed to make feveral Amendments to the Draught of the Petition delivered to them Yefterday; That they thought it neceffary, that His Majefty fhould be addreffed on the fubjedl Matter of the faid Petition; and that it will be fit, that Application be made to the Right Honourable the Lords Commiflioners of the Treafury, for their Favour and Affiftance And that the Council defired to be informed from this Houfe, of the Manner they propofe to have the Petition prefented, and negoOrdered,
:

tiated

he delivered the Amendments, and the Petition, in at the Table. the faid Amendments were feverally read; and feveral of them were difagreed to, and the reft were agreed to, by the Houfe. Refolved, That John Randolph, Efq be appointed Agent for this Colony, to negotiate the Affairs of the Colony, in Great-Britain: And that the Sum of Two Thoufand Two Hvmdred Pounds, be paid to him, out of the Money in the Hands of the Treafurer, to defray his Expences; and for a Reward for his Trouble, and the taking fo long a
;

And And

Voiage.
Ordered, That the Managers do withdraw, and acquaint the Managers of the Council with what this Houfe have done, upon the Report from the Conference; and defire their Concurrence to the faid Refolve And they withdrew accordingly. A Meffage from the Council: That they do recede from the Amendments by them made to the Bill, intituled. An Adl

to

amend and explain

the Adt, for amending the Staple of Tobacco; and for preventing

Frauds

(i6i)

Frauds

in

His Majefty's Cuftoms; which were difagreed

to

by the Houfe; and have paffed


to the

the Bill, with the

Amendments

agreed

to.

And
Claims.

that they

do likewife recede from the Amendments by them made

Book

of

that they have paffed the Treafurer's Accmmts. Lee reported, from the Conference, That the Managers had dehvered, to the Managers of the Council, what they were inftrudled to acquaint them with And that thereupon they retired to the Council-Chamber, to make Report thereof to the Coimcil. Ordered, That a Committee for Proportioning the Pubhc Levy, be appointed of the
M-:

And

following Perfons:

M"- Eskridge, M"-

Robert Boiling,

W Henry

Willis, M'' Fleming,

M'

Robinfon, and
Ordered,

M'' Price.
'til

That the Houfe be adjoum'd

To-morrow Morning Eleven a

Clock.

Thurfday, June 29, 1732.

AN

Ingroffed

Bill, to reftrain the ill

Ufage

of Slaves, held by Tenants for Life,

was

read the third Time. Refolved, That the


Ordered,

That

M""

do pafs. Tayloe do carry the


Bill

Bill to

the CoimcU

and

defire their

Concurrence.

The Houfe being informed. That the Order of this Houfe made the firft Day of July, 1730, for fettling the Bounds between feveral Parifhes, in the Counties of Northumberland, and Lancafter, was not effedled Ordered, That M"' James Ball, M"' Charles Burges, of the County of Lancafter, M'' Charles Lee, John Steptoe, of the County of Northtonberland, and M"' John Woodbridge, of the County of Richmond, do meet at fome convenient Time as fhall be agreed upon between them, and lay out the Bounds between the Parifh of Wickocomico, in the County of Northumberland, and the Parifhes in the Coimty of Lancafter, adjoining to that Parifh; purfuant to the Order of this Houfe, made the Sixteenth Day of March, 1727; and in Cafe they fhould not all meet, the Majority of them may proceed: And

that they do report their Proceedings therein, to the next Seflion of Affembly.

Motion was made,

for

of the Public

Money

in the

Hands

And

the Adl of the laft


arofe

paying the Burgeffes ferving for feveral Corporations, out of the Treaf urer Seffion of Affembly, for the better Regulating the Paiment of

the Burgeffes

Wages, was read,


;

And a Debate
It

and the Queftion being put thereupon.

paffed in the Negative.

M'' Lee reported. That the Managers of the Cotmcil, had had a further Conference with the Managers appointed by this Houfe, upon the fubjedt Matter of the Petition to the Parliament and that they had direfted him to acquaint the Houfe, that the Council do concur to the faid Petition, with the Amendments agreed upon by this Houfe And that they have alfo agreed to the Refolve, for appointing John Randolph, Efq; Agent for this Colony; and for paying him the fum of Two Thoufand Two Hundred Poimds. And that he was further diredled to inform the Houfe, That the Council wou'd prepare an Addrefs to the King, and a Letter to the Lords of the Treaf ur>'; which they wou'd fend to this Houfe for their Concurrence And he delivered the Petition and
; :

Refolve in at the Table.


Ordered, That the Petition be fairly tranfcribed. The Houfe proceeded to take into Confideration the written Meffage from the Governor; and the fame was read. And Part of an Adl made in the Year 17 10, for raifing a Public Revenue, was read. A Debate arofe, and the Queftion was put,
Refolved,

(l62)
Refolved,

That the Expence


of

the

Revenue

Two

Shillings

Watching the Warehoufes, ought to be paid out of a Hogfhead, as a contingent Charge of the Government,
of

be fufficient. fame Refolved, That an Addrefs be drawn up, to the Governor, to give Him Reafons, whv the Houfe cannot concur with Him in the Matter propofed in the faid Meffage. Conway, M"" Francis Willis, M"" Robinfon, M.^ Braxton, and Ordered, That M'' Blair, withdraw, and prepare the faid Addrefs. forthwith M' Ravenfcroft, do A written Meffage was delivered from the Council, as follows: M' Speaker, and Gentlemen of the Houfe of Burgeffes, The Council having had under their Confideration, a Petition of Major Auguftine Smith, reprefenting the great Lofs he fuftained, by the'accidental Blowing up of the Magazine of Powder, for the County of Spotfylvania, fome years ago, whereby a Negro Woman of his was killed, and his Dwelling Houfe deftroy'd; think it neceffary to inform your Houfe, That as the placing that Magazine under his Charge, was not his own Choice, but impof'd on him as the Chief Officer of the Militia then in that County; and that the Arms and Ammunition therein, was the Gift of the General Affembly, defign'd for the Service of the Inhabitants, no Perfon could be more fit to diftribute them to the People, than he who had the Cotmnand of the County: It is therefore the more juft and reafonable, that he fhould be recompenced for any Lofs he fuftain'd in the Difcharge of his Duty. And though this cannot properly come tinder the Denomination of any of thofe Public Charges direded by Law to be put into the Book of Claims, yet the Council conceive, the Hands of your Houfe are not fo far tied up, as to hinder you from exerting your Generofity to thofe who merit the fame, or yoiir Compaffion to fuch as fuffer in the Public Service: And therefore, they very earneftly recommend M' Smith's Cafe to your Confideration, that he may be reimburfed what he hath really fuffered, in the Lofs of his Houfe and Negro Slave aforefaid. The keeping of Fires in the Secretary's Office, during the cold Seafon of the Year, is for the Prefervation of the Public Records, and fo ufeful to the Judges and neceffary fo the General Court, and Court of Oyer and Terminer, that the Council conceive the Officers of
fo long as the
fhall

fupplying that Office with Fewel, ought


Benefit accrues from
it.

to

be defrayed at the Public Charge, as a Public

And

therefore they cannot but

recommend

to

your Houfe, the

Providing for that Expence hereafter, and the reimburfing


defray' d
it

M'

Secretary,

who hath

hitherto

out of his

own

Pocket.

By

Order of the Council,


reported.

William Robertfon, CI. G. A. That the Perfons appointed, had (according to Order) prepared the Addrefs to the Governor; which he delivered in at the Table, and was agreed to,

M' Blair

as follows

To the Honourable WILLIAM GOOCH, Efq; His Majefty's Lieutenant-Governor, and Commander in Chief, of the Colony of Virginia. SIR.
'*

r-y^] ^HE Houfe of Burgeffes having taken into '

Confideration Your written Meffage, Relation "in to the Charges lately brought upon the Government, for Watch'ing the Public Tobacco Warehoufes, beg Leave to acquaint You, That as

"Thing

we have upon all Occafions fhew'd the greateft Deference that can be, to any You think fit to propofe, fo it is with all imaginable Reludlance, that we find "ourfelves imder a Neceffity of not concurring with You in this Matter; altho' we muft

"acknowledge the Prudence and Expedience of the Meafures which have occafion'd "thefe Charges. We perfuade ourfelves, when You are informed, that the Revenue
"in the

Hands

of the Treafurer

is

now

entirely exhaufted,

and that many great Sums

"muft neceffarily be fupplied out of the Money that may be expedled to be raifed by "the new Duty A(5ls, towards defraying feveral Expences of the Tobacco Law, which "are exprefly appointed to be made good by the General Affembly, You will be fatisfied, "that we have done our Duty, in referring thofe Claimants to be confidered by Your

"Honour,

(i63)

"Honour, and the Coimcil, and to be paid out of the Revenue of Two Shillings per "Hogfhead; which we doubt not, is very able to do it. We hope we have not adled "herein, without a due Regard to the Tobacco Law, which exprefly mentions every "Thing that can poffibly be demanded of the General Affembly, in the Execution thereof; "and if this be not one of thofe, we prefume it is as much a contingent Expence to the "Government, as any other that can be mentioned. The General Affembly has upon "fome Occafions contributed to the Support of the Government, when the other Reve"nue was deficient; but we have never had any Affiftance from thence, when otir "Treafury has been empty: Therefore, we hope Your Honour will be pleafed to con"ftrue what we have done in this Bufinefs, as proceeding from a juft Senfe of our Duty; "and not without the moft fmcere Refpedl and Deference to You, which You fo well
"deferve, in every Part of

Your Adminiftration.

Ordered,

That the faid Addrefs be prefented to the Governor, by the Perfons who

prepared it. A Meffage from the Council


That they have agreed
to the Bill, intituled,

young Wolves

and

for preventing

And

alfo to the Bill, intituled.

An Adl for leffening the Reward for killing Frauds in obtaining Certificates for Wolves Heads. An A61 for adding Part of the Counties of Surry, and

Ifle of Wight,

of the Parifh of Lawne's-Creek, Southwark, and Warwick fqiieak, in the faid Counties of Surry, and Ifle of Wight, unto the Parifh of St. Andrew, in the faid Coimty of Brunfwick; without any Amendment.

unto the Coimty of Brunfwick, and Part

have made feveral Amendments to the Bill, intituled. An A(5t to reftrain the keeping too great a Number of Horfes and Mares and for amending the Breed thereof
that they
;

And

and to prevent imbroke Horfes and Mares from going at


the

large; to which they defire Concurrence of this Houfe. Then the Houfe proceeded to take into Confideration the written Meffage from the Council and the fame being again read,
;

Refolved,

That the

Sum

of

Forty Pounds, out of the Public Money


to his Care,

in the

Hands

of

the Treafurer, be paid to M'' Auguftine Smith, towards repairing the Lofs he fuftain'd,

by the Blowing up
ernment.
Ordered,
currence.
Refolved,

of the

Gunpowder committed

by the Order

of the

Gov-

That

M''

Francis Willis do carry the Refolve to the Council, for their Confor defraying the

That no Allowance be made

Expence

of

Fewel in the

Secretary's Office.

Then the Houfe proceeded


the Council to the

to take into Confideration the

Bill, intituled.

An Ad

to reftrain the

Amendments made by Keeping too great a Number of


to

Horfes and Mares; and for Amending the Breed thereof; and and breeding Mares from going at large.

prevent unbroke Horfes

And

the fame being read, were difagreed

to,

Ordered,

That the Houfe be adjourn 'd

'til

by the Houfe. To-morrow Morning Eleven a Clock.

Friday, June 30, 1732.

ORDERED,

That a Committee be appointed to examine the inrolled Bills, of Mufcoe, My Stith, Mr the following Perfons: M"" Robinfon, M' Thacker, Randolph, M" Fleming, My Eaton, and M"" Lee. My Eskridge reported, That the Perfons appointed, had (according to Order) fettled the Proportions of the Public Levy, and ftated the fame in a Book, which he delivered in at the Table and the fame was read, and agreed to. Ordered, That M"' Eskridge do carry the Book to the Council, for their Concurrence. M'' Eskridge prefented to the Houfe a Bill for Raifing a Public Levy; which was receiv'd, and read the firft Time.

Ordered,

(i64)

That the Bill be read a fecond Time. And the fame was read a fecond Time. Ordered, That the Bill be ingroffed.
Ordered,

An ingroffed Bill for raifing a Public

Levy, was read the Third Time

and an Amend-

ment was made to the Bill. Refolved, That the Bill do pafs. Order'd, That M"^ Eskridge do carry the Bill to the Council, for their Concurrence. M' Randolph reported, That the Managers of the Council had delivered to him an Addrefs, agreed upon by them, to His Majefty, and a Letter to the Right Honourable the Lords of the Treafury; to which they defire the Concurrence of this Houfe: And he delivered the fame in at the Table. The Addrefs was read, and agreed to. The Letter was likewife read, and agreed to. Order'd, That the faid Addrefs, and Letter, be fairly tranfcrib'd, and fign'd by the Speaker, in Behalf of this Houfe and be fent back to the Council, for their figning. A Meffage from the Council: That they have agreed to the Book of Proportions: And
;

to the Bill, intituled.

for Raifing a Public Levy: And alfo to the Refolves, for Pounds, for the Difcovery of thofe who burnt the Hundred One Paying the of Public Warehoufe at Falmouth: And for Paying Forty Pounds to M'Auguftine Smith. Ordered, That the Houfe be adjourn 'd 'til To-morrow Morning Eleven a Clock.

An Adt

Reward

Saturday, July

i,

1732.

Robert Boiling reported. That he had waited on the Governor, and obtain'd His Affent to the Book of Claims, and Proportions. M'' Attorney-General reported. That he had prepared an Addrefs to the Governor, giving a fummary Accoimt of the Proceedings of this Seffion; which he defired might be received And the fame was received, and read, and agreed to,

MR.

as follows:

To the Honourable WILLIAM GOOCH, Efq; His Majefty's Lieutenant-Governor, and Commander in Chief, of the Colony and Dominion of Virginia.

**

"^ "^ 7'E His Majefty's moft Dutiful and Loial Subjedls, the Burgeffes of this Gen"eral Affembly, having gone through the feveral Matters You was pleafed "to propofe to our Confideration, at the Opening of the Seffion, and pre"pared feveral Bills thereupon, as well as upon other Subjedls, which in "the Courfe of our Proceedings we foimd neceffary for the People; do now attend "You, to prefent them for Your Affent. "And at the fame Time muft acquaint You, That we have prepared, in Concurrence "with the Council, an humble Addrefs to His Majefty, a Petition to the Parliament, "and a Letter to the Right Honourable the Lords Commiffioners for Executing the "Office of Lord High Treafurer of Great-Britain, in Relation to certain arduous and im"portant Affairs, very much concerning the Intereft of the Crown, and the Trade and "Commerce of this Colony And in Order to render them more effedlual, we have appoint"ed an Agent, in whom we place great Confidence, who will forthwith repair to Great" Britain, to negotiate the fame with all Diligence: And as we do not doubt your Ap"probation of the Perfon we have chofen for that Purpofe, we hope You will be pleafed "to tranfmit thefe Things to Great-Britain by him, and to caufe the Seal of the Colony "to be fixed to our Petition; that it may not want Teftimony of it's being an authentic
:

W
SIR,

"Reprefentation of the Grievances therein fet forth. "As You have, upon fo many Occafions, contributed Your good Offices with Sucefs, "for the Service and Advantage of the People imder your Government, we perfwade our"felves,

(x65)
"felves, You will now employ Your Interceffion with the King, and His Minifters, to "promote the good Work we have been obliged, from a Senfe of our Duty, to offer to
"their Confideration.

"And we can only add our fmcere Acknowledgments and Sentiments of Gratitude, many good Things you have done for us, and thofe we reprefent, thro' the whole "Courfe of Your Adminiftration hoping You will receive from our Gracious Sovereign, "all the Marks of His Favour, which He ufually beftows on Thofe who faithfully execute "the power He Puts into their Hands, and without doubt will think You deferve, for
"for the
;

"Your

the

and Merit, in His Service. That the faid Addrefs be prefented by the whole Houfe. A Meffage from the Governor, was delivered by M"' Robertfon: M' Speaker, The Governor commands the immediate Attendance of this Houfe, in Council-Chamber ; and that you bring with you fuch Bills as are ready for His Affent And M"" Speaker, and the Houfe, went up accordingly. And the Governor was pleafed to give his Affent to the following Public and Private
Integrity
Ordered,

Bills:

An ACT for laying a Duty on Liquors. A n ACT for laying a Duty upon Slaves, to be paid by the Buyers. An ACT to continue the Ad, for making more effedual Provifion
Infurredions

againft Invafions

and

An ACT
the

An

to prevent frivolous and vexatious Suits: And to regulate Attorneys pradifing in County Courts. ACT to continue and make perpetual an Ad therein mentioned: And for impowering any Judge of the General Court to take Bail when the faid Court is not fitting; and to oblige Defendants to pay Cofts upon Overruling a Plea in Abatement; and for allowing any Perfon to plead feveral Matters. to

An ACT An ACT

make

the Stealing of Slaves, Felony, without Benefit of Clergy.

for fettling

fame Doubts and Differences

of Opinion, in Relation to the Benefit of

Clergy; for allowing the fame to

Women, and

taking

away of Reading; and

to difable

certain Perfons therein mentioned, to be Witneffes.

An ACT prefcribing the Method for Proving Book-Debts. An ACT to amend and explain the Ad for Amending
preventing Frauds in

the Staple of Tobacco; and for His Majefty's Cuftoms. An ACT to revive and continue certain Parts of an Ad, for afcertaining the Fees of certain Officers; and for better fettling the Fees of County Court Clerks, and Sherifs; and of Attorneys, in Caufes depending in the County Courts, to be allowed in the Bill of Cofts; and for fettling the Fee for Summoning Witneffes, in Controverfies depending before the Governor and Council; and afcertaining the Allowances to fuch Witneffes. An ACT for leffening the Reward for Killing young Wolves; and for preventing Frauds

in obtaining Certificates for Wolves Heads.

An ACT

adding Part of the Counties of Surry, and Ifle of Wight, unto the County of Brunfwick and Part of the Parifh of Lawne'5-Creek, Southwark, and Warwickfqueak, in the faid Counties of Surry, and Ifle of Wight, unto tlte Parifh of St.
for
;

Andrew, in

the faid

County

of

Brunfwick.
over James,

An ACT
An ACT

for fettling

new Ferries

Appamatox, Nottoway, Rappahanock,


Richmond, and Weftmoreland

and Potowmack Rivers.


for Altering the

Days

for holding Courts of

Counties.

An ACT for raifing a Public Levy. An ACT for dividing every of the Counties of Richmond, King George,
into

and Prince William,

Two
to

diftind Parifhes.

An ACT
and

enable and oblige the Parifh of St. George, in Spotfylvania County, to refund pay back to the Parifh of St. Mark, in the County aforefaid, the Tobacco therein

mentioned.

An

(i66)

An ACT for Altering the Place for holding Courts, in the County of Spotfylvania. An ACT for pilling down Wooden Chimneys, in the Towns of Southampton, and
and
to

Norfolk

An ACT
large.

to reftrain the

prevent the Building Inhabitants of the


of Cattle,

of others for the future.

Number

and Horfes;

Delaware, from keeping too great a and from keeping any Sheep or Hogs, running at
of

Town

An ACT to enable Robert Carter, Efq; one of the Executors of the laft Will and Teftament to pay the Debts of the faid Mann Page and to entitle him of Mann Page, Efq; deceafed, he hath advanced, or fhall advance, for that Purpofe; Money the to receive Intereft for the faid Mann Page, with the Repayment of the Principal and to charge the Eftate of
;

and

Intereft.
to

An ACT

confirm and eftablifh an Agreement therein mentioned, made between Thomas Bray, Gent, and John Randolph, Efq; for the Settlement of their refpedive Rights to certain Lands, whereof David Bray, the elder, Gent, deceafed, died feifed; and for
for vefting certain entaiVd

other Purpofes therein alfo mentioned.

An ACT
in

Lands, with the Appurtenances, therein mentioned,

Thomas

Turner, in Fee-Simple;

and

for fettling other

Lands and Negros,


the

of

An

fame Ufes. ACT to oblige the County of Caroline, to reimburfe William Woodford he fuftain'd by Means of the Efcape of Benjamin Fletcher.
greater Value, to the

Damages
and
for

An ACT

for vefting certain entaiVd Lands, in

John

Allen, Gent, in Fee-Simple;

An

Lands, and a Mill, of greater Value, to the fame Ufes. Charles Barham, to fell certain entaiVd Lands, therein mention'd; enable to ACT and to purchafe other Lands, therein alfo mention'd, to be fettled in Lieu thereof, to
fettling other

the

fame Ufes.

An ACT
An ACT

for vefting certain entailed Lands, with the Appurtenances, in the County of Northampton, in Gertrude Harmanfon, in Fee-Simple; and for fettling other Lands

and Negros,

of greater Value, in

Lieu

thereof, to the

fame Ufes.

Three Hundred Acres of Land, with the Appurtenances, in the Parifh in the County of Weftmorland, whereof George Weedon is feifed Wafhington, of in Fee-Tail, in John Wafhington, Gent, in Fee-Simple; and for fettling other Lands,
for vefting
of greater Value, to the

fame Ufes.

An ACT
ton,

to

confirm and eftablifh an Agreement between Richard Coleman, William Thorn-

and Francis Thornton, for the Exchange of certain entaiVd Lands, therein mentioned; and for fettling the fame, with certain Negro Slaves, according to the Will
for vefting

of the Donors.

An ACT
of

Two Hundred Acres


the

of

Land, with

the

Appurtenances, in the Parifh

Sittenbum, in

Cotmty

of

Richmond, whereof William WiKon Homes, and


Mary, are feifed in Fee-Tail, in Richard Barnes, Lands and Negros, of greater Value, to the fame
to

Mary
Ufes.

his Wife, in Right of the faid

in Fee-Simple;

and

for fettling other

An ACT

for confirming certain entaiVd

Lands, therein mentioned,

in Fee-Simple; and for fettling other Lands and Negros, in Lieu thereof,
Ufes.

William Meriwether, to the fame

An ACT
and

to to

enable

Thomas Bray,

Gent, to

fell

certain entaiVd Lands, therein mention'd;


to

lay out the

Purchafe-Money in Slaves,

be annex'd to other entaiVd Lands,

therein alfo mentioned.

An ACT An

confirm certain entailed Lands, with the Appurtenances, therein mentioned, to Tayloe, John Efq; in Fee-Simple; and for fettling other Lands and Negros, therein alfo mentioned, of greater Value, in Lieu thereof, to the fame Ufes. ACT to fettle certain entaiVd Lands, with the Appurtenances, in the County of Effex, whereof William Loury and Mary his Wife in Right of the faid Mary, are feifed upon
to

the Iffue of the faid


thereof, to the

Mary, by her fame Ufes.

laft

Marriage; and for

fettling other

Lands, in Lieu

He

(i67)

He alfo gave His Affent to the feveral Refolves of the Houfe of Burgeffes, which were agreed to by the Council, viz. For paying the Salary of One Hundred and Twenty Pounds per Annum, HalfYearly, to William Parks, Printer, in Confideration of Printing the feveral Matters mentioned in his Propofals to the General Affembly and that his Salar>^ commence at
;

the

End

of this Seffion.

For paying the further


of the Treafurer, to George

Sum of One Hundred Poimds,


Webb, in
full

out of the

Money

in the

Hands

Compenfation for his Care and Pains, in Preparing a Copy of the Laws, and Compofmg a Table for the Prefs. For paying the Reward of One Hundred Pounds, out of the Public Money in the Hands of the Treafurer, to any Perfon who fhall difcover and convidl the Perfon or Perfons, who burnt the Public Warehoufe at Falmouth. For appointing John Randolph, Efq; Agent for this Colony, to negotiate the Affairs of the Colony, in Great-Britain: And for paying the Sum of Two Thoufand Two Hundred Pounds, to him, out of the Money in the Hands of the Treafurer, to defray his Expences; and for a Reward for his Trouble, and the taking fo long a Voiage. For paying the Sum of Forty Pounds, out of the Public Money in the Hands of the Treafurer, to M'' Auguftine Smith, towards repairing the Lofs he fuftained by the Blowing up of the Gunpowder committed to his Care, by the Order of Government. For paying a Reward of One Hundred Pounds, out of the Public Money in the Hands of the Treafurer, to any Perfon who fhall difcover and convidl the Perfon or Perfons, who burnt the Parifh Church of St. Mark, in the County of Spotfylvania. And then made the following Speech

Gentlemen
71

of the Council, M'' Speaker,

and Gentlemen

of the

Houfe

of Burgeffes.

^Y A

ffent to the feveral Bills, which,

during the Courfe

of this Seffion,

I \/m
-^
'

by your Unanimity, proves our

Harmony

compleat:

were framed The A61 to explain the

-*-

on

the

Adt for Improving our Staple, in Order to reftore a decaied Trade, already mending Hand, will, at this Jundure, bring great Credit to our Proceedings, and, I

hope, conciliate the Affedions of every

Man that wifhes well to Virginia.

Concern for the Good of our Trade, and notwithftanding our Agreement here, little will be our Satisfadion, unlefs in your feveral Stations and Capacities, you preferve Quiet in your refpedive Counties: For, to what Purpofe are Protedion

But amidft

all

this

and Government, if we ungratefully throw off their happy Influence, by our own groundlefs Difcontents and Uneafinefsf Or what Advantage will the mo ft extenfive and fuccefsful Commerce afford us, if, for want of Peace and good Order, we can't enjoy with Safety, what
is the

Produce

of our Induftry?
to

Government, and a Difparagement to diffipate all Mifacceptations and Jealoufies; that the People committed to our Charge, being made fenfible of their Duty, and doing their Beft to promote mutual Happinefs, may pay a due Regard to the Authority which proteds them in their legal Rights, and live in Obedience to Laws, which really Aim

To avoid fuch Things as are a Difgrace


Endeavours
to

Legiflation, continue your

corred

and

at

than rendering them as profperous in their Dealings, and as eafy in their Circumftances, as they them felves are willing to be: And whatever has fuch a Tendency, or will

no

lefs

be for the

Honour

of this Colony, if confiftent with

my Duty

to

my

Roial Mafter, and Con-

fonant

to the
it;

Relation

we ftand
to

advance

you, for what you have done, with wifhing all of you Health and Succefs in your Retirement from the Public to your own private Affairs, nothing retnains, but to acquaint you. That I have thought fit to prorogue this Affembly, to Thurfday the i6th

After

my

and you may hearty Thanks

Great-Britain, / fhall, with the greateft Pleafure, always depend upon a fincere Performance of it, on my Part.
in, to

of

November

next;

and accordingly

this

Affembly

is

prorogued

to thai

Time.

THE

JOURNAL
OF THE

HOUSE OF BURGESSES.
1734.

THE

JOURNAL
OF

The House Burgesses.


Thurfday, Auguft 22, 1734.
having Commiffion Houfe BurSIR John Randolph and Benjamin Needier having taken Oaths appointed be taken
refigned his
of Clerk of the
of
geffes,

the

to

by Adl of Parliament, inftead of the Oaths of Allegiance and Supremacy, the Oath of Abjuration, and the Teft, was, by Virtue of a Commiffion from the Honourable the Lieutenant Governor, fwom Clerk in his Stead, and admitted to his Place in the Houfe accordingly. A Meffage from the Governor was delivered by M' Robertfon. M' Speaker, The Governor commands the immediate Attendance of this Houfe in
Chamber. M"' Speaker, with the Houfe, went up accordingly; and being returned, he reported. That the Houfe had attended the Governor in the Council Chamber; and he was pleafed to make a Speech to the Cotmcil and this Houfe; of which, to prevent Miftakes, he had obtained a Copy, which was read by the Clerk, and is as follows:
the Council

Gentlemen

of the Council,

M'

Speaker, and Gentlemen of the Houfe of Burgeffes,

IF what we owe
Advice,
are

a conftant and a tender Regard for the true Intereft of Virginia, as limited by to our Mother Country, could procure for you thofe wholfome Laws which from Time to Time are wanting to advance it, I fhould have had no Occafion to call you together But fmce they muft be concerted by mutual
;

and are only to be obtained by legal Methods of Deliberation, the repeated Proofs you have given of the fame upright and laudable Difpofition,
fo many unqueftionable Atteftations, that whatever the prudent Meafures already entered into for promoting our Trade, have made neceffary, in order to fecure to it a more lafting EftablLfhment, will meet with the ufual Concurrence of an Affembly, whofe Zeal for the Profperity of the Colony has hitherto been fo confpicuous.

AS the Law enadling the Regulation our Staple is at prefent under, by which it has acquired a very valuable Reputation, is now near expiring, that I may not be found fwerv'ing from my Profeffion, I mxift eameftly recommend to you the framing of a Bill to the fame Ufes and Purpofes, therein carefully reducing and adjufting the Number of Warehoufes, and the Rents to fuch a Yearly Charge, as the Annual Income may be
f ufficient

to fupport

and defray

all its

Expences, including an encouraging Recompence

to every Infpector.

AND,

(172)
are tempted to engage in a Trade, as well by the Certainty of the Commodity they deal in, and the only Motive of its Duration, as by the Goodnefs is the Profpe<5t of an encouraging Market, that animates our own People to Induftry, felves from Meafures fo well grounded, the Advantages we may fairly promife our ftinted a Portion of Time For, as a perpetual too by Hazard in to be put

AND, whereas Mankind

ought not Law, or a Law for a long Term of Years, will infallibly keep our Trade fteady; fo, a Law' that quickly ends, tho' frequently renewed, will render the Price of our Staple And you muft excufe me. Gentlemen, for anticipating your Judgvery precarious. ment upon a Subject of fuch Confequence, the Truth whereof may be controverted,
:

tho'

it

can't be confuted.

to our Militia Law will be the next beft Pledge of your Love never more feafonably be expreffed. could which to your Country, THE Marriage of the PRINCESS ROIAL to His Serene Highnefs the PRINCE of ORANGE, which has lately been the happy Occafion of an univerfal Rejoicing thro' the Kingdom of Great-Britain, will, no queftion, be a Matter of equal Joy to you; fmce we have the fame Reafon to contemplate His Majefty's confummate Wifdom, and to acknowledge the Regard he has fhewn for his People, in fecuring to them, by this intimate Alliance, the Friendfhip of that illuftrious Houfe. AS I have not propofed any Thing to you, but what dire(5lly and immediately tends to the Intereft and Credit of the Colony, and to the Happinefs of all the Inhabitants, Rich and Poor, whom we are, every one of us, bound to protedt and maintain in their legal and juft Rights, I fhall depend upon your Suffrage for their Accomplifhment: And, I make no Doubt, our Endeavours will be crowned with Succefs, whilft we provide, by thefe righteous Means, fuch a Reward for the Planters Labour, and fuch

SOME Amendments

Security for their Properties, as will moft conduce to the Good of the Public. Refolved, That an Humble Addrefs be prefented to the Governor, to return the

fmcere Thanks of this Houfe for his kind Speech to the Council and this Houfe; and for his conftant and affiduous Care for the Welfare and Profperity of this Colony. Refolved, That a Committee be appointed to draw up an Addrefs to the Governor

upon the
M""

faid Refolution.

And

it is

referr'd to

Robinfon,
Eskridge,
M"'

M' Robert
M'' Baffet, M''

Boiling,

M"" Attorney,
M"'

Francis Willis, and

Refolved,

That

this

Houfe

will

Armiftead. take the Governor's Speech into Confideration

To-morrow.
Ordered,

That the Committee

of Privileges

and Eledlions be Revived, to

confift

of the following Perfons:


M''
M"'

Eskridge.
M""

Grymes,
are to meet

M^ Thacker,

W Randolph.

Robinfon, and

And they

when they think fit, and to take into their Confideration all fuch Matters as fhall or may come into Queftion, touching Returns, Eledlions, and Privileges; and to report their Proceedings, with their Opinions therein, to the Houfe, from Time to Time: And the faid Committee is to have Power to fend for Witneffes, Perfons,
and Records,
Ordered,
fift

for their Information.

That the Committee


Perfons

of Propofitions

and Grievances be Revived,

to con-

of the following

W Merriwether, W Conway,
'W Braxton, M' Henry Willis,
M--

M*^

Attorney General,

M'
M"-

Prefly,

y\y Dangerfield,

W Armiftead, and
M' Baffet.

Francis Willis,

Eskridge,

And

(i73)

they are to meet when they think fit, and to adjourn from Day to Day; and to take into their Confideration all Propofitions and Grievances that fhall come legally certified to this Affembly; and to report their Proceedings, with their Opinions thereupon, to the Hoiofe, from Time to Time: And all fuch Propofitions and Grievances are to be delivered to the Clerk of the Houfe, and by him to the faid Committee, of Courfe: And the faid Committee are to have Power to fend for Perfons, Papers, and
Records, for their Information.
Ordered, Ordered,
ing Perfons:

And

That M'' Kemp be continued Clerk to the faid Committee. That the Committee of Public Claims be Revived, to confift
M^ Robert
Boiling,

of the follow-

M' Lawrence Smith, M' Samuel Harwood, M' Simmons,

Mj Whitehead, M' William Harwood,


M"^

Grey,

Ball,

M""

John

Boiling,

and

M'

Thornton.

they are to meet when they find it neceffary, and to adjourn from Day to Day; and to take into their Confideration all Public Claims which fhall be prefer'd to the Houfe during this Seffion; and to report their Proceedings, with their Opinions therein, to the Houfe, when they have gone through the faid Claims: And all Perfons that have any Claims, are to deliver them to the Clerk, and he is to deliver the fame to the faid Committee, of Courfe: And they are to have Power to fend for Perfons, Papers,

And

and Records,
Ordered,

for their Information.


M""

Gary be continued Clerk to the faid Committee. Fountain be continued Chaplain to the Houfe; and that he do Prayers every Morning at Ten a Clock: And That M"^ Attorney, attend to read Francis Willis, and M'' Eskridge, do wait on the Governor and Cotmcil, and acquaint

That Ordered, That

M''

them

therewith.

That Nicholas Wager, John Mundell, and William Francis, who attended as Door-keepers to this Houfe laft Seffion, be continued in their Offices; and that John Johnfon be appointed Door-keeper, in the Room of William Johnfon, deceafed. Ordered, That a Meffage be fent to the Governor, to defire him to order a new
Ordered,

Eledling a Burgefs to fer\'e in this prefent General Affembly, for the College of William and Mary, in the Room of M' George Nicholas, deceafed. Alfo a new Writ for Eledling a Burgefs to ferve in this prefent General Affembly,

Writ to

iffue, for

for

James-Town,
Alfo a

in the

Room

of M"" Archibald Blair, deceafed.

new Writ new Writ


Cotmty
of

for Eledting a Burgefs to ferve in this prefent General

Affembly
AffemWilliam

for the

Coimty

of Lancafter, in the

Room

of M'' Charles Burgefs, deceafed.

Alfo a
bly, for the

for Eledling of Burgeffes to ferve in this prefent General

King

George, in the

Room

of M--

Nicholas Smith, and

M--

Str other, deceafed.

Alfo a
bly, for the

new Writ

for Eledling a Burgefs to ferve in this prefent General

Affem-

County of Caroline, in the Room of M"- Richard Buckner, deceafed. Alfo a new Writ for Eledling a Burgefs to ferve in this prefent General Affembly, for the Cotmty of Stafford, in the Room of M-- John Fitzhugh, deceafed. Alfo a new Writ for Eleding a Burgefs to fer\^e in this prefent General Affembly, for the County of Richmond, in the Room of John Tayloe, Efq; who fince his Eledlion, hath been appointed and fwom of His Majefty's Council. Alfo a new Writ for Eledling a Burgefs to ferve in this prefent General Affemwho fince his bly, for the County of Weftmoreland, in the Room of Thomas Lee, Efq
:

His Majefty's Council. Eledlion, hath been appointed and fwom Alfo a new Writ for Eledling a Burgefs to ferve in this prefent General Affembly, for the County of Norfolk, in the Room of M-- William Crafford, who fince the laft Seffion, hath accepted and executed the Office of Sheriff of the faid County.
of

Alfo

(1

74)

bly,
laft'

a Burgefs to ferve in this prefent General Affemthe Room of M' Thomas Marfhall, who frnce for the County of Northampton, in Infpecaor. Seffion, hath accepted the Office of an 'til To-morrow Morning Eleven a Clock. adjourned be Houfe the Ordered, That
Alfo a

new Writ

for Eledling

Friday, Auguft 23, 1734.

APropofition

from the Cotmty of Hanover, complaining of the infolent Behaviour of Mulattos, propofmg that a Law be made to diftinguifh who fhall be faid to be Mulattos, and praying the Confideration of the Houfe therein, was prefented to the Houfe, and read. Ordered, That the faid Propofition be refer'd to the Confideration of the Committee
Refolved,

of Propofitions

and Grievances. That the Committee

for Courts of Juftice be Revived, to confift of the

following Perfons:

M' Robertfon, M' Ra^idolph, M' Martin,


M"'

M^ Grymes, M' Ravenfcrofi, M'' Mead, and


Thacker.
to

And

Day; and to take into their Confideration all Matters relating to Courts of Juftice, and their Proceedings; and to infpedl the Journals of the laft Seffion; and to prepare and draw up a State of the Matters then depending and undetermined, and the Progrefs that was made therein; and to report the fame to the Houfe And they are alfo to examine what Laws have expired fmce the laft Seffion and to infpedl fuch temporary Laws as will expire with the End of this Seffion, and to report to the fame to the Houfe, with their Opinions which of them are fit to be revived or continued And the Committee are to have Power to fend for Perfons, Papers, and Records, for their Information. Ordered, That M'' Webb be appointed Clerk to the faid Committee. A Member returned upon a new Writ, having taken the Oaths appointed to be taken by Adl of Parliament, inftead of the Oaths of Allegiance and Supremacy, the Oath of Abjuration, and the Teft, and alfo the Oath of a Burgefs, w-as admitted to his
they are to meet,
:

and adjourn from Day

Place in the Houfe.

The Order
Ordered,

of the

Day

being read, Refolved, That the Houfe will refolve

itfelf

into

a Committee of the whole Houfe, on Wednefday next, to confider the Governor's Speech.

That the Houfe be adjourned

'til

To-morrow Morning Eleven a

Clock.

Saturday, Auguft 24,

1734.
:

T
Sir,

HE

Members being met between Eleven and Twelve a Clock, M'' Serjeant brought the Mace, and laid it imder the Table And the Clerk informed the Houfe, That he had received a Letter diredled to him as Clerk of the Houfe, from M"' Speaker which was read as f olloweth
;

Auguft
Desire you
to

24, 1734.

prefent the

Inch fed

to the

Houfe, and in that you will


Sir,

oblige.

/
The
Inclofed

Your Humble Servant,


Speaker.

JOHN HOLLOWAY,
was another
Letter,

which was

alfo read, as followeth, viz.

Gentlemen,

(175)

Gentlemen,

rHE
Occafion

State of
to

able

and
to

Health has for fome Time paft been fuch, That I find I am not Duty of my Office, xvithout great Inconveniency to my felf, perhaps fome Detriment to the Public Bufinefs: Therefore I take this
attend the

my

return you

my

fincere

Thanks
to

and

to

acquaint you, that I choofe

to retire frorn the

in the fervice of this Seffion, and

many Favours I have received from you, Fatigue which I muft neceffarily undergo defire you to fupply my Place of Speaker by a new
for the

Eledion.
I

am, with all Duty, Gentlemen, Your moft obedient, and ever obliged humble Servant,

JOHN HOLLOWAY,

Speaker.

After reading whereof, M"' Attorney General ftood up, and fpake as foUoweth:

/Am

the Governor, to acquaint this Houfe, that he has received a from M' Holloway, That he cannot further attend the Service of this Houfe, as Speaker; and that it is His Pleafure, that this Houfe do immediately proceed to the Choice of a new Speaker. And he recommended Sir John Randolph, as a Perfon equal to, and eminently

commanded by

Letter

qualified for, that Truft.


Sir

Whereupon, Randolph was unanimoufly chofen, and accordingly condudled to the John Chair, by Two Members and being there placed, made a Speech to the Hotife, as follows
;

GENTLEMEN, COME now to experience

all

know, after Gentlemen have emploied all be into this Office, they ufuaUy reprefent themBut if this be done without felves abfolutely incapable of difcharging the Duties of it. a Confcioufnefs of the Truth of what they fay, or any Defign to depart from the Right of their Eledlion, it muft either be a faKe Appearance of Modefty, or a blind Compliance with a Cuftom, that perhaps, in the beginning, was fotmded upon Truth and Reafon, but by Time, like many others, becomes only an Abufe of Words; which I cannot follow And I the rather avoid it, becaufe I intend, upon no Occafion, to give you any Inftance of the leaft Infmcerity, which I think not only very ufelefs, but the moft Therefore, I mtift own, I do with a particular Pleafure vicious Thing in the World. embrace the Opportunity you have given me, of employing my fmall Talents, which appear to you in a much better Light than they deferve, ftill in your ferv'ice; and I thank you for this additional Inftance of your Confidence in me, in beftowing your greateft Truft upon me. But as to my fitnefs to ferve you, Time and yotir own Experience will beft determine it fo it may be needlefs to raife your Expedations about it Only thus much I will affure you, that all the Advantages I may have received from a long Experience of the Methods of this Houfe, fhall be improved for the Advancement of your Reputation, and the Public Good and I will not imagine, that the Pageantry and Formalities of this Office, are any Part of the Honors of it, which I know muft proceed from a Labor and Diligence to prevent any Imputation upon your Proceedings and Refolutions. To this I am boimd, not only by the Duty I owe to you, but by my own Intereft; fince nothing can happen amifs here, that will not be refledted on me, perhaps in more than my due Proportion, while the Weight of my own failings will For as, on the lie wholly on my felf, and perhaps of fome that may be only imaginary one Hand, it is not the eafieft Thing in public Debates, fo to hold in one's own Temper, as to avoid all juft Occafions of Reproach; fo on the other, it is one of the hardeft, to place what is done juftlyand laudably in fuch a View as will be acceptable to every Body.
think
of:
I

it

will

not become

me

to pretend

the Degrees of your Favor and Kindnefs to me; and any Unwillingnefs to accept what you

me worthy

Tho'

their Intereft to

eledled

(176)

The Prejudices with which we imbibe all of our own Opinions, which are generoften the Occafion of great Injuftice in this Parally impreffed upon us too haftily, are fuch, that they cannot cordially approve what ticular: And the Partiality of Mankind is with all their Sentiments; but are apt to charge the is done by thofe who do not concur Yet tho' this be very Corruption. contrary Side with Ignorance, Obftinacy, or perhaps Weakneffes great of Human the of as one it condemn common, every Body is ready to
Body.
in every Oppofition, Nature; which is moft evidently true from this, that both Sides, entertain the fame Rancour and Aniof which one muft certainly be in the wrong, of their own Modes of ThinkExcellence imaginary from an other, mofity againft each Experience of the Candor and my from hope, But I have abimdant Reafon to ing. Good-will of this Houfe towards me, that I fhall be exempted from any tmkind Cen-

feeing we have the Happinefs, which feems almoft none of the Perturbations which we fee every under peculiar to our felves, of being where elfe arifing from the different Views and Defigns of Fadlions and Parties, and have yet no Footfteps of Corruption among us, inftead of raifmg any Heat or Intemperance in our Debates, which are always unneceffary, we fhould look upon all Differences among us to proceed from the Doubtfulnefs of Expedients that fhall be propofed for the Common Good: And upon that Account, the Minority fhould fubmit calmly and chearfully to what the Majority determines, 'til Time and Experience fhall either
fures of this Sort;

and indeed,

them with more forcible Arguments againft it. Then we fhall hear one another patiently, put the Weight of every Man's Reafon in the Ballance againft our own, and at laft form a Judgment upon the whole matter; which, if not the wifeft, yet, refulting from the Integrity of our own Principles, will be honeft and commendable. But if we come, by our Refentments and Impatience of being out voted, or bv our Affedtions, to confider Men more than the Matter, we fhall be fure to be always in the wrong, becaufe what we do from Confiderations without us, can have no good FoundaAnd, however tion; and we muft lofe aU the Advantages of Reafoning and Argument. Mankind may be provoked, by being thwarted with the Sentiments of other Men, a
convince, or fumifh

Variety of Opinions

is not only abfolutely neceffary to our Natures, but is likewife of Things the moft all ufef ul fmce if all Men were of one Mind, there would be no Need of Councils no Subjedl for Learning and Eloquence the Mind would want its proper Exercife, and without it, like the Body, would lofe its natural Strength, from a Habit
;
;

of Sloth

and Idlenefs. Truth itfelf will receive an Addition of Strength by being oppofed, and can never be in Danger of fuffering by the Teft of Argument. THESE being Notions by which we fhould be diredled, in difcharging the Truft the People have repofed in us, if we would eftablifh them in our Pradlice, we fhould then attain the true Dignity of our Reprefentation and I flatter myfeH, from your accuftomed Prudence and Moderation, every Gentleman here will confider what it is to reprefent the People of any Country. BUT indeed, I know I muft make the worft Figure myfelf, if I fhall be found unable to perform what it will be my Duty to dictate to others; if I fhall endeavour to make the eftablifhed Rules of your Proceedings fubfervient to my own Fancies and Humours, or Interefts; or fhall bring into this Chair a Reftlefnefs and Impatience about Points that may be carried againft my Sentiments or fhall pretend to any Authority of fwaying any Member in his Opinion; I fay, then I fhall deferve to have no Influence upon your Proceedings; but do not doubt, nay I hopet you will mortify me with the utmoft of your Contempt for the Inconfiftence of my Theory and Practice. And if I fhall happen to fucceed better, I will pretend to no other Praife, but that of not having deceived the Expedlations of fo many worthy Gentlemen, who have continued to heap upon me fuch a Series of Favors, which fo long as I retain the Memory of any Thing, I muft look upon as the chief Foundation of the Credit and Reputation of my Life. Ordered, That a Meffage be fent to the Governor, to acquaint Him, That this Houfe had made Choice of a Speaker; and to know his Pleafure, when this Hotife fhall attend
; ;

to prefent him.

Ordered,

(i77)
Ordered, That M"" Attorney, M' Conway, M' Merriwether, M' Francis Willis, and M-^ Robert Boiling, do carry the faid Mefage: And they immediately withdrew; and being returned, M-" Attorney acquainted the Houfe, That the Govemorwas pleafed to declare his Pleafure, that this Houfe fhould attend him immediately in the Council Chamber, with their Speaker.

Accordingly
in the Coimcil Sir,

M"-

Speaker Eled, with the Houfe, went up to attend the Governor

Chamber, and fpake as followeth

Houfe of Burgeffes being deprived of the Ser\nce of their late Speaker, by the Weaknefs and Infirmities of Age, have, in Obedience to your ComI -mands, proceeded to a new Choice; and having thought me worthy of the Office, do now prefent me for your Approbation. I do not intend to entertain You with any Difcourfe of my Unfitnefs for this Truf t becaufe I would a\-oid an Indecency, which an Adt of Infmcerity might bring me into, if I fhould pretend any Unwillingnefs to take that upon me, which I really have no Averfion to notwithftanding Cuftom has made Difabling Speeches almoft a neceffary

nr

HE

Part of the Ceremonial.

But my Opinion is. That Cuftoms which are founded in Truth, fo long as the Reafon of them remains, ought to be obfer\^ed But when they become, by Time, which works great Changes in the Tempers and Inclinations of Mankind, the Support of falfe
:

and vicious Therefore I offer mvfelf on the one Hand without a tedious Enumeration of my Imperfedlions, which perhaps may be too vifible; fo, on the other, without boafting of any extraordinan,^ Talents.
it is
:

Appearances,

beft to negle(?t them, as ufelefs

to your Judgment, as

Then the Governor fpake thus:

r
I
Office

Gentlemen,

HOUGH
Choice;

am

ferry for the Occasion, yet I

am

glad you have


to

I do affure yon, you could not have voted


to

made fo good a your Chair a Perfon


to his

more agreeable

me, nor one that will do greater Honour and Service

Country.

After the Governor's Speech,


Sir,

M' Speaker reply'd

Am ver>'

fenfible,

that

Credit to me; but, as in this Place and


mvift efteem
it

Your good Opinion would at any Time be an Addition of upon this Occafion, it is much more fo, I

accordingly.

Yet I cannot flatter my felf, That becaufe I am now to appear in a Public fome Credit, that I am already in Poffeffion of all the Honours of it; I know they muft arife, a pofteriori, from the Services I fhall be able to do in it And tho' the Opportunities I may have of doing any Thing confiderable, will be but few, if I make a good Ufe of thofe which may offer, and fhall have Conftancy enough not to mingle my own Paffions and Interefts, with what regards only the Public Good, I may hereafter have Reafon to be proud of the Favor I have received from Your Honor, and o many worthy Gentlemen. And being returned to the Houfe, and the Mace being laid on the Table, A Petition of fundry Inhabitants of the County of Gloiicefter, reprefenting, That the Law for Cutting up Tobacco-Suckers, as it now ftands, is a Grievance, was prefented to the Houfe, and read. Ordered, That the faid Petition be refer'd to the Confideration of the Committee of Propofitions and Grievances; and that they do examine the Matter thereof and reof
: ;

port the fame, with their Opinion thereupon, to the Houfe.

(178)
for taking up a Runaway Claim of William Cox, of the County of Lancafter, to the Houfe, and prefented was County, faid the Slave, belonging to Jofeph Hale, of

read.

That the faid Claim be refer 'd to the Committee for Public Claims; and and report the fame, with their Opinion that they do examine the Matter thereof,
Ordered,

thereupon, to the Houfe. A Petition of fundry Inhabitants of the Counties of Caroline, and King-George, Roy's Warehoufe, in the faid praying, That a Public Ferry may be appointed from of King-George, was prefented County faid the in Landing, County of Caroline, to Gibfon's
to the Houfe,

and read. the faid Petition be refer'd to the Confideration of the Committee of That Ordered, thereof; and report Propofitions and Grievances; and that they do examine the Matter
the fame, with their Opinion thereupon, to the Houfe. A Member informing the Houfe, That by Reafon of bad Weather, no Court for Proof of Public Claims had been held for the County of Middlefex, before this Seffion of Affembly; but that feveral Claimants had proved their refpective Claims before a Juf-

Peace of the faid County; after a Debate, the Queftion was put. That the faid Claims be received.
tice of the

Refolved in the Affirmative.


Ordered, That the faid Claims be refer'd to the Confideration of the Committee for Public Claims; and that they do examine the Matter thereof; and report the fame,

with their Opinion thereupon, to the Houfe. A Petition of John Delafhumate, fetting forth, That a Hogfhead of the faid Petitioner's Tobacco was burnt in the Public Warehoxife, at Falmouth, was prefented to the
Houfe, and read.

That the faid Petition be refer'd to the Confideration of the Committee of Propofitions and Grievances; and that they do examine the Matter thereof; and report the fame with their Opinion thereupon, to the Houfe. Ordered, That the Houfe be adjourned 'til Monday Morning Eleven a Clock.
Ordered,

Monday, Auguft 26, 1734.


Ordered,

THAT
Addrefs.

an Addref s be made to the Governor, to order all the Infpectors Accounts, fmce their paffing the fame with the Treafurer, to this Time, to be laid
before the Houfe, as foon as poffible;

M' Braxton, and

M"'

and that M'' Merriwether, M' Martin, Francis Willis, do wait on the Governor with the faid

Accordingly they withdrew: And being returned, M"" Merriwether Reported, That the Perfons appointed had, according to Order, waited on the Governor; and, that He was pleafed to fay, That the Infpectors Accounts fhall be immediately fent for.

Robinfon Reported, That the Perfons appointed had, according to Order, prepared an Addrefs to the Governor; and he read the fame in his Place; and afterwards
M"^

deliver'd

in at the Table, where it was again read. a Motion being made to put off the Confideration of the faid Addrefs, after a Debate, the Queftion was put. That the faid Addrefs be immediately confidered.
it

And

Refolved in the Affirmative. Part of the Addrefs was again read; and a Motion was made, That the fame fhould be recommitted And, after a Debate, the Queftion was put thereupon.

And

It

paffed in the Negative.

Then

(i79)

Then the Addrefs was read through, and agreed Amendment, as followeth, viz.

to

by the Houfe, without any

His Majefty's moft dutiful and loial Subjects, the BURGESSES of the Colony of Virginia, now met in General Affembly.do in Behalf of our felves, and thofe we reprefent, return you Thanks, as well for your great Care of their Intereft, and your prudent Adminiftration of the Government, as for the Readinefs You exprefs in Your SPEECH, to concur with us in fuch further Meafures as may beft conduce to the Accomplifhment of a Work in which we have already made confiderable Progrefs, and may boaft of fome Succefs. IT is no Wonder, that in a Matter of fuch a Nature as the Regulation of our Trade, where every Individual is concerned to fuch a Degree, in all Rules that can be eftablifhed againft Fraud and Deceit, which we have found infuperable by any other Way than that of a Public Infpection, if fome Interefts ftill remain to be fatisfied, and new Obje(5lions do arife which are worthy to be confidered; fmce it is hardly poffible, from the fhort Views of human Prudence, fo to confider Things at once, as may be exadlly
anfwerable to the Doubtfulnefs of future Events, efpecially in this precarious Trade We have abundant Reafon to obferve the Difficulties which attend all of Tobacco. Attempts to reduce it to that Standard of Goodnefs as is neceffary, not only for the
Security of all honeft Traders, but to prevent an Overloading of the Markets abroad, with a bafe and ufelefs Commodity, which might be fufficiently difcouraged of itfelf, if it did not reduce the better Sort almoft to the fame Level. BUT now that we are fumifhed by Experience, which is the beft Preceptor, with

WE

SIR,

a more perfedl Knowledge of all the Advantages and Defedls of what has been already done, We will apply our felves, and endeavour, with that Difintereftednefs and Moderation, which become the Reprefentatives of a Country, to add fuch new Sandtions as may enforce and reform the firft Scheme. BUT above all, it will be incumbent upon us, to confider of the beft Means to fupport fo honeft and profitable a Law, without Loading our felves with a Debt, which we know would give Occafion to new Clamours, feeing it would always be felt as a prefent Inconvenience, and therefore, with the Multitude efpecially, muft have more than its due Weight in the Ballance againft all paft Advantages, fhould they be ever fo
confiderable.
Refolved,

That the

faid Addrefs be fairly tranfcrib'd,

and prefented by the whole

Houfe.
Ordered,

know

his Pleafure,

That the Committee, who prepared the fame, do wait on the Governor, to when the Houfe fhall prefent it.

And they immediately withdrew: And being returned, M"' Robin fon Reported, That the Perfons appointed had, according to Order, waited upon the Governor, to know his Pleafure, when he will be attended with the Addrefs of this Houfe; and He was pleafed to appoint To-morrow, at Twelve a Clock, in the Council Chamber. Ordered, That the Houfe be called over To-morrow, at the firft Sitting. Ordered, That this Houfe be adjourned 'til To-morrow Morning Eleven a Clock.
Tuefday, Auguft 27, 1734.

THE
felves

Houfe be put

Order of the Day being read, a Motion was made, That the Call of the off 'til Friday next And the Queftion being put thereupon.
:

It
:

paffed in the Negative.

Then the Houfe was called over And the Names of the abfent Members were again called over; and Excufes made for fome of them, which were allow 'd. Ordered, That M'' John Fleming, and M"^ Matthew Anderfon, for abfenting themfrom the Service
of this

Houfe, be taken into Cuftody of the Serjeant

at

Arms.

(i8o)

having taken the Oaths appointed to be taken of Allegiance and Supremacy, and taken Oaths by A<5t of Parliament, inftead of the the Teft, and taken the Oath and fubfcribed the Oath of Abjuration, and fubfcribed his Place in the Houfe. of a Burgefs, was introduc'd, and admitted to with the Houfe, attended the Governor; and had, he That M' Speaker Reported, prefented the Addrefs of this Houfe to Him To which He was pleafed to return the

A Member return 'd upon a new Writ,

following Anfwer:

Gentlemen

of the
for

Houfe

of Burgeffes,

your kind Addrefs: It is a great Pleafure to me, to find you what may yet be wanting in the Regulation of the fo well difpofed to fupply concur with me in Opinion, that a public Infpedion that you and Tobacco Trade; Fraud, and to prevent the Markets abroad being is the only Expedient to difcourage burden'd with Trafh; which, from the Experience vje have already had, feems to be paft

Thank you

Doubt.

THEREFORE,
finifh a

I hope you will go on, with your ufual

Temper and Prudence,


to the

to

Work

fo fuccefsfully begun,

and

of fo great

Importance

People

of Virginia;

by no other Zeal bjU that of Raifing this precarious Commodity to all public Debts may be difcharged in good Tobacco, which as to that as fuch a Standard, them is fubftituted in the Place of Money; that the Eftates in the Colony, may be brought from a nominal to a real Value; and that the poor Planters, who are entirely exempted from all the Expence of executing this Law, may live comfortably by their Labour and Inin which I

am aded

duftry.

That after the paffmg the Adl, For he did at his own Charge, build the Public Warehoufe at Falmouth, which was afterwards malicioufly burnt, praying the Confideration of the Houfe therein, and fuch Relief in the Premifes as to the Houfe fhall feem juft; was prefented to the Houfe, and read. Ordered, That the faid Petition be refer'd to the Confideration of the Committee for Public Claims; that they do examine the Matter thereof; and report the fame, with their Opinion thereupon, to the Houfe. M' Attorney General Reported from the Committee of Propofitions and Grievances,

Petition of William Todd, fetting forth.


the Staple of Tobacco,

Amending

That the Committee had had under their Confideration, feveral Propofitions and Grievances, from feveral Counties and had come to divers Refolutions thereupon And he delivered the Report in at the Table, where the fame was read. Ordered, That the Report of the faid Committee be taken into Confideration on
;
:

Thurfday next.
Ordered, That it be a further Inftrudlion to the Committee for Courts of Juftice, That they do enquire into fuch Temporary Laws as may be near expiring after the End of this Seffion of Affembly; and report their Opinion to the Houfe, which of them are
fit

to be continued.
Ordered, Ordered,

That M'' Anthony Walke be added to the Committee for Courts of Juftice. That the Houfe be adjourned 'til To-morrow Morning Eleven a Clock.

ff^ednefday,

Auguft 28, 1734.

THE

Order of the Day being read, the Houfe refolved itfelf into a Committee of the whole Houfe, to confider the Governor's Speech; and M"' Attorney General took the Chair of the Committee And after fome time fpent therein,
:

Speaker refum'd the Chair; and M-" Attorney General Reported, That the Committee had fome Part of the Governor's Speech under Confideration; and were come to feveral Refolutions thereupon, which they had diredted him to Report to the
M--

Houfe

(i8i)

Houfe
Place;

And moved from

confider further of the Governor's Speech

the Committee, That they might have Leave to fit again, to Then he read the faid Refolutions in his
:

and afterwards deHvered them in at the Table; where they were again twice read, and agreed to by the Houfe, as follows Refolved, That the Adl made in the Third and Fourth Years of the Reign of His prefent Majefty, For Amending the Staple of Tobacco, and for preventing Frauds in His Majefty's Ciifto^ms; and the A(5t made in the Fifth and Sixth Years of His faid Majefty 's Reign, have in fome meafure anfwered the good Ends and Purpofes thereof; and if continued, with fome further Alterations and Amendments, will ftill be a greater Encouragement, as well to
Refolved,
all

Traders in Tobacco, as to the Planters.

That the prefent Expence of executing the faid Adts, is like to prove too burthenfome to the Country and that it will be neceffary to leffen the fame, as
;

much

as poffible.

Refolved,

That many

of the Infpedlors

have not done their Duty,

in

Matters which

are plainly provided for in the faid Adls; but have entertain 'd needlefs

and groundlefs
Rules be

Scruples in the Execution of their Office


eftablifhed, for their Direction.

And that fome more ftridl and fpecial


it felf

of the whole Houfe, to confider further of the Governor's Speech, on Monday next. Ordered, That a Bill be brought in, further to continue and amend the A(5t made in the Third and Fourth Years of His Majefty's Reign, For Amending the Staple of

Refolved,

That the Houfe

will

again refolve

into a

Committee

Tobacco; and Preventing Fraiids in His Majefty's Cuftoms.

That this Houfe will refolve itfelf into a Committee of the whole Houfe, Heads of the faid Bill. A Motion being made, after a Debate, the Queftion was put. That Leave be given to bring in a Bill, to amend the Adt made in the Third and Fourth Years of His Majefty's Reign, For the better Regulating the Payment of the Burgeffes Wages.
Refolved,

to confider of the

It

paffed in the Negative.


Clock.

Ordered,

That the Houfe be adjourned

'til

To-morrow Morning Eleven a

Thurfday, Auguft 29, 1734.

THE
It is the

Order
the

of

the

Day

being read, the Houfe proceeded to the Confideration


of Propofitions

Report from the Committee the fame was read, and is as follows
of

and Grievances; and

Upon Confideration of a Propofition from the County of Spotfylvania, Opinion of the Committee, That the Sherif s of the refpe<5live Counties in this Colony, in Conjundtion with the Juftices, do agree with and imploy a fit Perfon to guard the Goal of each County, in order to prevent Efcapes And that the Juftices be impower'd to levy fuch a reafonable Allowance in Tobacco, upon the Inhabitants of the County, as fhall be agreed upon between the Sheriff and them, and the Perfon
:

imploied.

Upon

Confideration of a Propofition from the faid County of Spotfylvania, That


it is

the Ferry, at the Place where


River, to the

now kept,

at the

Town of Fredericksburg, be put down


in the faid

and that a Ferry be appointed, from the Warehoufe Landing,

Town, over the

Land
is

of

William Thornton, Gent.

It is

the Opinion of the Committee,

that the fame

reafonable.

Confideration of a Propofition from the feveral Counties of Lancafter, Northumberland, Accomack and Northampton, That a Law be made, for deftroying Squirrels

Upon

and Crows,

It is

the Opinion of the Committee, that the fame

is

reafonable.

Confideration of a Propofition from the County of Lancafter, That Sheep be kept within Inclofures, from the 15"^ Day of May, 'til the 15"* Day of September,

Upon

Yearly,

(l82)
eating Tobacco, It is the Opinion of the Yearly, to prevent the Damage they do, by reafonable. Committee, that the fame is Upon Confideration of a Propofition from the Counties of Caroline and SpotfylThat the Days for holding Courts for the faid County of Caroline, and the County

vania,

that for the future, the Days for holding Courts for the Days for holding Courts for the faid County of Caroline, be the Second Friday; and the Month; It is the Opinion of the faid County of Stafford, the Second Tuefday, in every Committee, that the fame is reafonable. Upon Confideration of a Propofition, from the Counties of Hanover and Northampof Stafford, be alter'd:

And

ton,

For retraining the Infults of free Mulattoes; and that a Law be made, declaring in what Manner the Orphans and poor Children of free Negroes and Mulattoes, fhall be provided for; It is the Opinion of the Committee, that fome Provifion be made

for thofe Purpofes.

Upon

Law

diredling the

Confideration of a Propofition, from the Coimty of Nanfemond, That the Method of Recovering fmall Debts, be repeal'd.

And

of another Propofition,

from the faid County, That a Law be made,

for dif-

abling Infpedtors from being eledled Burgeffes.


refealing the

Alfo of a Propofition, from the County of Glocefter, That a Law be made, for Laws now in Being, for the Cutting up Tobacco-Suckers.
Alfo of a Propofition, from the

County of Henrico, That a Law be made, to reftrain the Attorney-General of this Colony, from taking a Fee of Five Pounds Current, which he claims by Cuftom, for drawing Pardons for Slaves condemn'd to die. It is the Opinion of the Committee, That the faid feveral Propofitions be reje<5led. Then the faid Report was read a fecond Time and Part thereof was agreed to, and Part difagreed to, by the Houfe. Ordered, That Leave be given to bring in a Bill, to amend the Law in relation to the Efcapes of Prif oners committed for Debt. Ordered, That Leave be given to bring in one or more Bills, for appointing feveral Ferries, and altering feveral Court-Days, according to the faid Report: And that it be an Inftrudlion to the Committee who fhall prepare the faid Bill, to bring in a Claufe,
;

for changing the Court

Day

of Hanover.

Ordered,

That the Committee

of Propofitions

and Grievances do prepare and bring

in the faid Bills.

Ordered, That a Bill be brought in, for the better Government of free Mulattos; and making better Provifion for the poor Children of free Negros and Mulattos. Ordered, That Leave be given to bring in a Bill, for Incouraging the Killing of Squirrels and Crows; and that the Committee for Courts of Juftice, do prepare and bring
in the faid Bills.

Refolved,

That the

faid feveral Propofitions,

from the Covmty


of

of Lancafier, for keep-

ing Sheep within Inclofures,

from the

i$^^

Day

May,

'til

the 15"^

Day

of September,

Yearly

From
From

the County of Nanfemond, for Repealing the Law, directing the

Method

of

recovering fmall Debts, to be


ting

by

Petition

and Summons

the County of Glocefter, for Repealing the Laws now in Being, for the Cutup Tobacco-Suckers: From the County of Henrico, for Reftraining the Attorney-General of this Colony, from taking a Fee of Five Pounds Current, which he claims by Cuftom, for Drawing Pardons for Slaves condemned to die; be rejedled. Refolved, That the Laws now in Force, are fufficient to prevent Infpedors from being eledted Burgeffes; and. That the Propofition from the County of Lancafter, for making a Law for that Purpofe, be Rejedled. Ordered, That M"- Armiftead have Leave to be abfent from the Service of the Houfe,
'til

Monday

next.

(i83)

to bring in a Bill to

Motion being made, after a Debate, the Queftion was put. That Leave be given amend the Laws now in Force, for the more fpeedy and eafy RecovRefolved in the Affirmative.

ery of fmall Debts.


Ordered,
in the Bill.
M.' Boufh, and '-M-- Blair, be added to the Committee for Courts of Juftice. M' Matthew Anderfon, a Member of this Houfe, having fent His Excufe to the Houfe, for not attending his Duty in the Serv'ice of the Houfe

That the Committee That


M--

of Propofitions

and Grievances, do prepare and bring

Ordered,

Mead,

Ordered,

That the Serjeant

at

Arms be

difcharged from executing the Order for


in a

taking him into Cuftody.

A
Bill,

Motion being made, the Queftion was put, That Leave be given to bring

for better Regulating Ordinary-keepers, to prevent their giving Credit,

and to
Ac-

difable

them

to maintain

any Adlion,

or recover

any Money or Tobacco on

their

coimts.

Refolved in the Affirmative.


Ordered, BUI.
Ordered, That it be an Inftrudlion to the faid Committee, to bring in one Claiofe more, or to prevent Retailers of Rum and Brandy, from maintaining any Adlion, or

That the Committee

for Courts of Juftice,

do prepare and bring

in the

recovering any Debt contradled, for


Ordered,

Rum

or other diftilled Spirits, fold


'til

That the Houfe be adjourned

upon Credit. To-morrow Morning Eleven a Clock.

the

Words

*:^*Note, In the Proceedings of Saturday laft, within 3 Lines of the End, inftead of of Propofitions and Grievances, read, for Public Claims.
of the

to

In Yefterday's Proceedings, within 7 Lines add thefe Words, To-morrow Sevennight.

End,

after the

Word

Bill,

pleafe

Friday, Auguft 30,

1734.
the

THE
cles

Treafurer's Accoxmts being laid before

Houfe,

the

Titles

thereof

were feverally read.

Ordered, That the faid Accounts be refer'd to the Coniideration of the Committee for Covirts of Juftice; and that they examine the feveral Artithereof, and report the fame, with the Ballance, as it fhall appear to them, to the

Houfe.
Ordered, That the faid Committee do examine the Expence of executing the Adt, For Amending the Staple of Tobacco, and Preventing Frauds in His Majefty's Cuftoms, as they fhall find the fame in the faid Accounts; and report how much every diftinft Head of fuch Expence, amounts to, to the Houfe. The Houfe being inform'd, That M"' John Fleming, a Member of this Houfe, attended at the Door, in Cuftody of the Serjeant at Arms; and that he had been prevented from attending the Service of the Houfe, by Sicknefs. Ordered, That he be difcharged out of Cuftody, without paying Fees. Ordered, That M"" Rofcow have Leave to be abfent from the Service of the Houfe, 'til Tuefday next. M' Robinfon, from the Committee for Courts of Juftice, reported, That the Committee having examined what Laws have expired lince the laft Seffion, and infpedled

fuch Temporary Laws as will expire with, or foon after, the End of this Seffion of Affembly, were come to feveral Refolutions thereupon; which he read in his Place, and
delivered in at the Table.

Ordered,

(i84)

That the faid Report be taken into Confideration on Tiiefday next. alfo reported, That the M' Rob'infon, from the Committee for Courts of Jioftice, the laft Seffion of Affemof the Journal infpedled Committee had, according to Order, depending and undetermined; Matters then bly; and agreed upon a Report of the in his Place, and afterwards and the Progrefs that was made therein; which he read read. again was fame the where deliver'd in at the Table, the Committee Ordered, That the faid Report be refer'd to the Confideration of examine the fame, and report their of Propofitions and Grievances; that they do therein, to the Houfe. further done be to proper is think Opinion what they himfelf and the Frederick fville Behalf of in Chifwell, A Petition of M' Charles letting forth, That in the Year One Company, was prefented to the Houfe, and read, Thoufand Seven Hundred and Thirty Two, he fent to the Affembly, Certificates of Perfons emploied in Iron-Works, in the Counties of Hanover and Spotfylvania, in the Years One Thoufand Seven Hundred and Thirty One, and One Thoufand Seven Hundred and Thirty Two, and of the Parifh, and Coimty Levies, paid for the faid Perfons, which amounted to Nineteen Thoufand Two Hundred and Forty Four Pounds and Three Quarters of a Pound of Tobacco; but by fome Omiffion, no more than Seven Thoufand and Eighty One Pounds and Three Quarters of a Poimd of Tobacco was levied, to be repaid to the Petitioner; and praying to be reimburfed the Deficiency, being Twelve Thoufand One Hundred and Sixty Three Poimds of Tobacco, and to be repaid the County, Parifh, and Public Levies, paid for the Perfons fo emploied in the Years One Thoufand Seven Hundred and Thirty One, and One Thoufand Seven Himdred and Thirty Two. Ordered, That the faid Petition be refer'd to the Confideration of the Committee for Public Claims; that they do examine the Matter thereof, and report the fame, as it fhall appear to them, with their Opinion thereupon, to the Houfe. A Motion being made, the Queftion was put. That Leave be given to bring in a
Ordered,
Bill to

amend

the

Law

in relation to the Office of Sheriff.


It

paffed in the Negative.

for

A Motion being made, the Queftion was put. That Leave be given to bring in a Bill more effedtual obliging Perfons to buy and fell by Weights and Meafures, according
Refolved in the Affirmative.
Ordered,

to the Englifh Standard.

That the Committee for Courts of


of

Juftice,

do prepare and bring

in the

faid Bill.

Claim

James Fontaine,

for a Public Service therein mentioned,

was prefented

to the Houfe, and received.

That the fame be refer'd to the Confideration of the Committee for Public Claims; that they do examine the Matter thereof, and report the fame, as it fhall appear
Ordered,

to them, with their Opinion thereupon, to the Houfe.

M' Attorney General, from the Committee of Propofitions and Grievances, reported, That the Committee had had under their Confideration feveral other Propofitions and Grievances, from feveral Coimties, and had agreed upon a Report thereupon; which he read in his Place, and afterwards deliver'd in at the Table, where it was again read, and is as follows: On Confideration of a Propofition, from Goochland County, That a Law be made, for the Difallowance of Lawyers Fees, for the future, in Bills of Cofts, on Petition for fmall Debts, It is the Opinion of the Committee, that the fame is reafonable. On Confideration of a Propofition from Spotfylvania County, that the faid Coimty be divided, It is the Opinion of the Committee, that the faid County ought to be divided, and made Two diftindl Counties.

On Confideration of a Propofition, from Henrico Parifh, in the County of Henrico, That the faid Parifh be divided by James River; and that all that Part of the fame on the North Side of the faid River, be eredled into one diftin(5l Parifh; and all that
other Part thereof, on the Sotith Side the faid River, together with that Part of Briftol Parifh, on the North Side of Appomattox River, be eredled into one other diftin<5l Parifh; It is the Opinion of the Committee, that the faid Parifh ought to be fo divided.

On

(i85)
Confideration of a Propofition from Hanover County, That a Law be made, to lengthen the Seafon for Killing of Deer; to leffen the Penalty for Killing them at unfeaionable Times of the Year, and to make it recoverable before a fmgle Juftice of
It is the Opinion of the Committee, That that Part of the faid Propofition for Lengthening the Seafon, be rejedled; and as to the other Part of the faid Propofition, That the Penalty be reduced to Twenty Shillings for each Offence; to be recovered,

On

the Peace;

by the Informer, before a fingle Juftice of the Peace, one Moiety to the Ufe of the Informer, and the other to the Ufe of the Poor of the Parifh wherein the Offence
fhall

be committed.

On Confideration of a Propofition, from Northampton, That Witneffes examined upon a Dedimus Poteftatem, be paid for Attendance; It is the Opinion of the Committee, That the faid Propofition be Rejected. Then the faid Report was again read, and agreed unto, by the Houfe. Ordered, That it be an Inftrudtion to the Committee appointed to prepare and bring in the Bill for appointing feveral Ferries, and altering feveral Court Days, to prepare and bring in one or more Claufes, for Dividing the County of Spotfylvania, and the
Parifh of Henrico, according to the faid Report.
Ordered,
in the Bill to

That

it

amend

be an Inftrudtion to the Committee appointed to prepare and bring the Laws now in Force, for the more fpeedy and eafy Recovery of

fmall Debts, to prepare and bring in a Claufe, for not allowing Lawyers Fees in Suits brought by Petition. Ordered, That Leave be given to bring in a Bill, for Leffening the Penalties for Killing Deer at Unfeaionable Times; and for the better Recovery thereof: And that the

Committee

for Courts of Juftice,

do prepare and bring

in the faid Bill.

Petition of fundry Inhabitants of the Parifh of Newport, in the

County

of I fie

when the Dividing Line was run, between the faid County, and the County of Nanfemond, a fmall parcel of Land, on the Head of the Weftern Branch of Nanfemond River, which before belong 'd
of Wight, was prefented to the Houfe, and read; fetting forth. That

to

N anfetnond County, was taken into the faid Parifh of Newport;


pay and praying, that an
A(5t

that the Inhabitants

of that Part of the faid Parifh, refufe to

their Levies, pretending to

fome Exemp-

tion;

may

pafs, to

compel them to pay

their Levies in the

faid Parifh of Newport.

Ordered, That the faid Petition be refer'd to the Confideration of a Committee; that they do examine the Matter thereof, and report the fame, as it fhall appear to them, with their Opinion thereupon, to the Houfe. And a Committee was appointed of the following Perfons
M"'

Attorney General,
M''

'W Simmons,
M''

Robert Boiling,

Applewhaite,

M'' Lear,

and

M' Gray,

M'' Ravenfcroft.

And

they are to have Power to fend for Perfons, Papers and Records, for their

Information.
Ordered,

That That

M""

Fox have Leave

to be abfent from the Service of the Houfe,

'til

Monday

next.
this

Ordered,

Houfe be adjourned

'til

To-morrow Morning Eleven a

Clock.

Saturday, Auguft 31, 1734.

ORdered,
of

it be an Inftrudlion to the Committee to whom it is refer'd and bring in a BiU for Encouraging the Killing of Squirrels and Crows, that they have Power to receive a Clatife, to exempt the Inhabitants any Town from being obliged to kill Squirrels and Crows. Ordered, That M'' Randolph have Leave to be abfent from the Service of the Houfe,

That

to prepare

'til

Tuefday next.
Ordered,

That the Houfe be adjourned

'til

Monday Morning Eleven

a Clock.

Monday,

(i86)

Monday, September

2,

1734.

Anderfon moved for Leave to prefent a Bill, to explain and amend an Adt, and the fame entitled, An A& for reftraining the Taking of exceffive Ufury; was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. the Houfe, according to Order, a Bill to amend M"" Attorney General prefented to committed for Debt and the fame was the Law in relation to the Efcape of Prifoners receiv'd, and read the firft Time. Ordered, That the Bill be read a fecond Time. Ordered, That M^ John Boiling have Leave to be abfent from the Service of the

MR.

Houfe,

Wednefday next. A Member returned upon a new Writ, having taken the Oaths appointed to be taken, by Act of Parliament, inftead of the Oaths of Allegiance and Supremacy, and taken and fubfcribed the Oath of Abjuration, and fubfcribed the Teft, and taken the
'til

was admitted to his Place in the Houfe. A Petition of Edwin Conway, and James Ball, Gent. Executors of the laft Will and Teftament of Charles Burgefs, Gent, deceas'd, was prefented to the Houfe, and read, fetting forth, That the faid Charles Burgefs died feifed in Fee, of Thirty Six Thoufand Seven Himdred and Twenty Six Acres of Land, in the Counties of Prince William and Spotfylvania, befides Negros, and perfonal Eftate; that his Debts exceed the Value of his perfonal Eftate and Negros, befides Legacies; and praying. That Leave may be given to bring in a Bill to enable them to fell Seventeen Thoufand Seven himdred and Seventy Seven Acres of the faid Land, Part of the faid Thirty Six Thoufand Seven Himdred and Twenty Six Acres, for the Payment of the Debts and Legacies of the
Oath
of a Burgefs,

faid Charles Burgefs.

Ordered,

Petition

That Leave be given to bring in a Bill according to the Prayer of the faid And that M'' Merriwether M"' Hedgman, and M'' Pre fly, do prepare and bring
,

in the fame.

Committee of the whole Houfe, further to confider the Governor's Speech; and after fome time fpent therein, M'' Speaker refumed the Chair: And, M"' Attorney General reported from the Committee, That they had had another Part of the Governor's Speech under Confideration, and were come to feveral Refolutions thereupon, which they had directed him to report to the Houfe and he delivered the Report in at the Table, where the fame was

The Order

of the

Day

being read, the Houfe refolved

itfelf

into a

read.

Ordered,
M''

That the Confideration


that they
this

of the faid

Report be put
again.

off

'till

To-Morrow.

Attorney General alfo acquainted the Houfe, That he

was

directed

by the Comitfelf

mittee, to

move

may have Leave


will,

to

fit

Refolved,

That
of the

Houfe

upon

this

Day

Sevennight, again refolve

into

a Committee

whole Houfe, to confider further of the Governor's Speech. Ordered, That the Houfe be adjourned 'til To-morrow Morning Eleven a Clock.

Tuefday, September

3,

1734.

ORdered,

Fleming be added to the Committee for Courts of Juftice. A Petition of M'' Matthew Kemp, Clerk of the Secretaries Office of this Colony, was prefented to the Houfe, and read; praying. That his ufual Allowance of Five Thoufand Pounds of Tobacco a Year, from the Beginning of the laft Seffion, to the Beginning of this prefent Seffion of Affembly, may be levied for him And that, in Regard of the very great Increafe of the Bufinefs of that Ofifice, fince the firft Settlement of the faid Allowance, and in Confideration of his Trouble and Pains about
M""

That

(i87)

about the Arraignment and Trial of Criminals in the General Court, fuch an additional Allowance be made him, as to the Houfe fhall feem meet Refolved, That an additional Allowance be made to the Clerk of the Secretary's
extraordinary Services in that Office. That the faid additional Allowance, be Pounds of Tobacco, per Annum.
Office, for

Ordered,

Two Thoufand

Five Hundred

Ordered,

That

it

the ufual Allowance to M"" Matthew


the Prayer of his faid Petition.
Ordered,

be an Inftrudion to the Committee for Public Claims, to make Kemp, Clerk of the Secretary's Office, according to

That

it

be alfo an Inftrudlion to the faid Committee, to allow him the faid

additional Salary.

Bill to

explain and

amend an

Adl, intituled,

An Ad

for reftraining the taking of

exceffive Ufury,

Ordered,

was read a fecond Time. That the Bill be committed

to a Committee;
M''

pointed accordingly, of the following Perfons: General, W' Martin, and M"' Fleming.

Anderfon,

M"'

and a Committee was apMerriwether, M' Attorney

A Bill to amend the Law in relation to the Efcape of Prifoners committed for Debt, was read a fecond Time. Ordered, That the Bill be committed to the Committee who prepared it. The Houfe, according to Order, proceeded to the Confideration of the Report from the Committee of the whole Houfe; and the fame was twice read, and, with an Amendment, agreed unto by the Houfe, as follows, viz. Refolved, That the poorer fort of People, who are not able to purchafe Arms, be exempted from Muftering. Refolved, That the Court Martial fhall judge of the Abilities of Perfons to be obliged
to mufter in the Militia.
Refolved,
Militia,

That the People commonly

call'd Quakers, of Ability to ferve in the

be excufed from perfonally appearing in

Arms

at Mufters,

by fending a Man

to mufter in their Stead. at


Refolved, That a Penalty be laid on the Captain, or Commanding Officer, attending any Mufter, who fhall omit to return the Names of all fuch Perfons who fhall fail to appear at fuch Mufter, not being prevented by Sicknefs. Refolved, That a Penalty be laid on the Officers who fhall fail to give their Attendance at any Court Martial, fo that fuch Court can't be then held; recoverable by the

Informer.
Refolved,
refident in
ble

That a Penalty be laid on the Lieutenant, or Chief Commanding Officer, any Covmty, who fhall fail to appoint a General Mufter once a Year; recovera-

by the Informer. Refolved, That if any Sheriff negledls his duty, in relation to the Colled;ing, Levying, and Paying the Fines affeffed by a Court Martial; upon a Motion in the General Court, or County Court, a Judgment, fhall be given againft him for what he has levied and ref ufes to pay and for ref ufmg to levy the Fines, he fhall be fined at the Difcretion
;

of fuch Court.

That the Fines be paid to the County Lieutenant, or other Chief Comwithin the County and fhall be by him accotmted for to the Court Martial And if he fhall fail to account, the Court Martial fhall have Power to order Procefs to recover the fame out of his Hands. Refolved, That after every Court Martial, the Clerk of fuch Court fhall deliver to
Refolved,

manding

Officer, refiding
:

the Sheriff,

the Orders of that Court for fining Delinquents: And that the Sheriff be impower'd, upon Non-Paiment to levy the fame by Diftrefs and Sale of the Goods of
all

the Party, without further Warrant.


Refolved,

der

Arms

at Church, or to patrole,

That when the Commanding Officer fhall order any Perfon to appear unany Perfon failing, fhall be fined, as for failing to
Refolved,

appear at a Mufter.

(i88)

except in Times of Danger, ought to be exempted from an Officer and a fmaU Number of attending the Batteries: But that there ought to be Service; the Expence whereof to Men, conftantly kept in Pay, and difciplin'd for that Shillings a Hogfhead. Two and Tonnage be defray 'd by the Revenues of and Horfes, ought to be Servant his Refolved, That the Adjutant General, and
Refolved,

That the

Militia,

in a Bill, for better fettling the Militia, purfuant Martin, M' Francis Willis, M-- Armiftead, M' to the faid Refolutions: And that M-Robert Boiling, and M-" Ravenfcroft, do prepare and bring in the fame. Robinfon, A Petition of John Aylett, refer'd by the Coimcil, to the Confideration of this Houfe,

exempted from paying Ferriages. Ordered, That Leave be given to bring

was read; fetting forth. That the Inhabitants of the Upper Parts of the Counties of King William and Caroline, who bring down their Tobacco to Ayletfs Warehoufe, undergo great Hardfhips, for want of fome Public Hoiofe of Entertainment for themfelves, and the Reception of their Horfes; That the Petitioner is willing to keep an Ordinary' there; but by the Laws now in Force cannot obtain a Licenfe, an Ordinary and Ferr>' being kept not far from the faid Warehoufe, tho' very inconvenient that a Public Ferrv' at the Place aforefaid, will be of great life and Conveniency to the Inhabitants of the faid Counties; and praying, that an Adl may pafs, to enable him to keep
;

a Public Ferry and Ordinary, at the faid Warehoufe. Refolved, That the faid Petition be rejected. The Order of the Day being read, the Houfe proceeded to the Confideration of the

Report from the Committee for Courts of Jtiftice; and the fame was read. And the Report being read a fecond Time, Part thereof was agreed
Houfe, as follows:
Refolved,

to,

by the

Reign of his prefent Majefty, entituled. An Ad to Revive and Continue certain Parts of an Ad, for afcertaining the Fees of certain Officers; and for better fettling the Fees of County Court Clerks, and Sherifs, and of Attorneys, in Caufes depending in the County Courts, to be allowed in the Bill of Cofts; and for fettling the Fee for fumnioning Witneffes in Controverfies depending before the Governor and Council, and afcertaining the Allowances to fuch Witneffes; which will expire at the End of this Seffion of Affembly, be further continued. Refolved, That one other Adl, made in the fame Years, intituled. An Ad to continue which the Ad for making more effectual Provifion again ft Invafions and Infurredions
in the 5th of the
;

That the Adl made

and 6th Years

will expire

March

30, 1736,

be further continued.

Then a Debate arofe, upon the Third Refolution of the faid Committee, That an Adl made in the 5th and 6th Years of His Majefty's Reign, intituled. An Ad for laying a Duty upon Slaves, to be paid by the Buyers; which wiU expire July i, 1736, is fit to
be further continued:

And the
The Houfe

Queftion was put thereupon, that the Hotife do agree to the faid Refolution.

divided,

Yeas

28.

Noes

23.

And

fo

it

was
Refolved in the Affirmative.

Then a Debate
another Adl,

arofe,

made

in

upon the Fotirth Refolution of the faid Committee, That the fame Years, intituled. An Ad for laying a Duty upon Liquors;

which

Jidy 31, 1736, is fit to be further continued: the Queftion was put, That the Houfe do agree to the faid Refolution. Houfe divided. Yeas 25. Noes 25. M^ Speaker Yea. And fo it was

will expire

And

The

Refolved in the Affirmative.

That Leave be given to bring in one or more Bills, for further Continuing the feveral Adls mentioned in the faid Report And that the Committee for Courts of Juftice, do prepare and bring in the fame. Ordered, That the Houfe be adjourned, 'til To-morrow Morning Eleven a Clock.
Ordered,
:

Word

*** Note, In the Proceedings of Thurfday laft. Lancafter, pleafe to read the Word Nanfemond.

Page

14,

Line

25, inftead of

the

Wednefday,

(i89)

IVednefday, September 4, 1734.


and Charles Tomkies, Gent, was prefented to the Houfe, and read; praying, That Leave may be given to bring in a Bill, to dock the Intail of Two Hundred and Fifty Acres of Land, whereof the faid Robert Bernard is feifed in Tail Male, in the Parifh of Petfworth, in the Cotinty of Glocefter, and Vefting the fame in Charles Tomkies; and to fettle Four Himdred Acres of Land, in the Parifh of Kingftone, in the County aforefaid, whereof the faid
Petition of Robert Bernard,

upon the faid Robert Bernard, to the an Agreement fame made between them. Ordered, That Leave be given to bring in a Bill, according to the prayer of the Francis Willis, faid Petition: And that Armiftead, M.^ Martin, and M"" Henry Willis, do prepare and bring in the fame. A Petition of Miles Wills, was prefented to the Houfe, and read; praying, that he may be admitted to keep a Public Ferry over James River, from his own Landing, in Mulberry Ifland, in Warwick County, to Kee's Plantation, in the County of I fie of
is

Charles Tomkies

feifed in Fee, of greater Value,

Ufes, according to

Wight.
Ordered, That it be an Inftrudlion to the Committee to whom it is refer'd to pre pare and bring in a Bill for appointing feveral Ferries, and altering feveral Court-Days, That they have Power to receive a Claufe, for eredling a Ferry, according to the Prayer of the faid Petition. Two Members returned upon new Writs, having taken the Oaths appointed to

be taken, by Adl of Parliament, inftead of the Oaths of Allegiance and Supremacy, and taken and fubfcribed the Oath of Abjuration, and fubfcribed the Teft, and taken
the Oath of a Burgefs, were admitted to their Places in the Houfe.
plaining of an
in
M'' William Aylett, was prefented to the Houfe, and read; comundue Eledlion and Return of M'' Daniel McCarty, to ferve as a Burgefs this Prefent General Affembly, for the County of Weftmorland. Ordered, That the faid Petition be refer'd to the Confideration of the Committee Privileges and Eledtions; that they do examine the Matter thereof, and report the

Petition of

of

appear to them, with their Opinion thereupon, to the Houfe. Fantler oy, was prefented to the Houfe, and read; complaining of an undue Eledlion of M'' Daniel Hornby, to ferve as a Burgefs in this prefent General Affembly, for the County of Richmond. Ordered, That the faid Petition be refer'd to the Confideration of the Committee of Privileges and Eledlions; that they do examine the Matter thereof, and report the fame, as it fhall appear to them, with their Opinion thereupon, to the Houfe. Ordered, That it be an Inftru(5lion to the faid Committee, That they examine all Witneffes touching the Matter of the faid Petitions, in the moft folemn Manner.
fame, as
it

fhall

Petition of M'' William

M"' Attorney General reported, from the Committee of Propofitions and Grievances, That the Committee had had tmder their Confideration, a Grievance of divers Perfons inhabiting near York Town, in the County of York; who complain. That the Inhabitants of that Town keep great Numbers of Horfes, Sheep, and Hogs, which run on the adjacent Lands, to the great Damage of the Owners of thofe Lands And were come to a Refolution to rejed; the faid Grievance; and he read the faid Refolution in his Place, and afterwards deliver'd it in at the Table, where the fame was again read. Whereupon a Debate arofe, and the Queftion was put. That the Houfe do agree
:

to the faid Refolution.

That Leave be given to bring in a Bill, of York, aforefaid, from keeping too great a Number of Cattle, Horfes, Robert Boiling, M' Martin, M Francis Willis, Sheep, or Hogs: And that M" Smith, and M'' Armiftead, do prepare and bring in the fame.
Ordered,
of the

paffed in the Negative. to reftain [restrain] the Inhabitants


It

Town

(190)
Claim, from Pritue George County, for Tobacco remaining unpaid of what was of Affembly, by the County of levied to be paid to the faid County, the laft Seffion

Surry:
a Claim, from the faid County of Prince George, for Tobacco remaining unpaid of what was levied to be paid to the faid County, the fame Seffion, by the County of I fie of Wight, were prefented to the Houfe, and read.

And

Ordered,

That the

faid Claims be refer'd to the Confideration of the

fhall

that they do examine appear to them, with their Opinion thereupon, to the Houfe. M' Robinfon reported, from the Committee for Courts of Juftice, That the Committee have (according to Order) examined the Expence of Executing the A<5t for Amending the Staple of Tobacco, and Preventing Frauds in His Majefty's Cuftoms, as they

Public Claims;

the Matter thereof,

Committee for and report the fame, as it

find the

fame charged

in the

Treaf urer's Accounts

taining the State of the Public Warehoufes, in the Years 1732,

and prepared Two Accounts, conand 1733, and how much

every diftinA
Ordered,
of the Houfe.

Head

of fuch

That the

faid

Expence amounts to; which he prefented to the Houfe. Accounts do lie on the Table, to be perufed by the Members

M' Attorney General reported, from the Committee to whom the Bill to amend the Law in relation to the Efcape of Prifoners committed for Debt, was committed. That the Committee had made an Amendment to the Bill, which they had diredled him to report to the Houfe; and he read the fame in his Place, and afterwards deliver'd the Bill, with the Amendment, in at the Table, where the faid Amendment was read: And, upon the Queftion put, was difagreed to, by the Houfe. Then a Motion was made, and the Queftion put, That the Bill be re-committed to a Committee of the whole Houfe.
It

paffed in the Negative.

That the Bill be rejedled. Ordered, That it be an Inftrudlion to the Committee to whom it is refer'd to prepare and bring in a Bill, further to continue an Adl, made in the 5th and 6th Years of the Reign of his prefent Majefty, intituled. An Ad to Revive and Continue certain Parts of an Ad, for afcertaining the Fees of certain Officers; and for better fettling the Fees of County Court Clerks, and Sheriffs, and of Attornies in Caufes depending in the County Courts, to be allowed in the Bill of Cofts; and for fettling the Fee for fummoning Witneffes in Controverfies depending before the Governor and Council; and afcertaining the AllowRefolved,

ance

to fuch Witneffes, to make fuch Amendments as they fhall find neceffary, for better Regulating and Colledling thofe Fees.

Ordered,

That the Houfe be adjourned

'til

To-morrow Morning Eleven a Clock.

Thurfday, Septemper[ber\

5,

1734.

A
in

fundry Inhabitants of the Upper Part of New-Kent County, and Parts adjacent, was prefented to the Houfe, and read; reprefenting, the great Advantage and Conveniency of the Public Warehoufe, at Chamberlayne's, heretofore called and known by the Name of Peafly's Landing, the County aforefaid and praying, that the fame may be continued fo long as the
;

Petition of

be in Force, for the Infpection of Tobacco. Ordered, That the faid Petition be refer'd to the Confideration of the Committee of the whole Houfe; to whom it is refer'd, to confider of the Heads of a Bill, further to continue and amend the Ad; made in the 3d and 4th Years of His Majefty's Reign, for Amending the Staple of Tobacco, and Preventing Frauds in His Majefty's Cuftoms. A Petition of Anne Freeman, Widow, and Robert Freeman, Son and Heir apparent
fhall

Law

of the faid

apparent

of the faid Elizabeth,

Anne, Elizabeth Shackleford, Widow, and James Shackleford, Son and Heir and Henry Willis, was prefented to the Houfe, and read;
praying.

(i9i)

be given to bring in a Bill, to dock the Intail of Nine Hundred Acres of Land, with the Appurtenances, in the Parifh of Ware, and County of Gloceper; and of Two Hundred and Fifty Acres of Land, in the Parifh of Hampton, in the County of Elizabeth City; whereof the faid Anne Freeman, and Elizabeth Shackleford, were lately feif'd in Fee-Tail, as Coparceners; and to Veft the fame in the faid Henry Willis, to whom they have convey 'd their Eftate and Intereft therein; and to fettle Two Plantations, a Water Grift-Mill, and Two Thoufand Acres of Land, in the Fork of Rappahanock, in the County of Spotfylvania, and Eight Slaves of greater Value, which the faid Henry Willis is willing to fettle, to the Ufes of the laid [faid] Intail 'd Lands. Ordered, That Leave be given to bring in a Bill, according to the Prayer of the faid Petition: And that M' Francis Willis, M"' Armiftead, M"^ Auguftine Smith, Mj Hedgman, Sweny, and M"" oilier, do prepare and bring in the fame. A Member return 'd upon a new Writ, having taken the Oaths appointed to be taken by A(5l of Parliament, inftead of the Oaths of Allegiance and Supremacy, and taken

praying, That Leave

may

and fubfcribed the Oath of Abjuration, and fubfcribed the Teft, and taken the Oath a Burgefs, was admitted to his Place in the Houfe. M"' Eskridge, from the Committee of Privileges and Eledlions, reported. That the Committee had had under their Confideration, the Petition of M'' William Aylett, complaining of an undue Ele(5lion, and Return, of M'' Daniel McCarty, to ferve as a Burgefs in this prefent General Affembly, for the County of Weftmorland. And a Petition of M'' William Fantleroy, complaining of an undue Ele<5lion of M"" Daniel Hornby, to ferve as a Burgefs in this prefent General Affembly, for the County
of of

Richmond.

That the Parties propofe to take the Depofitions of Witneffes in the Country, touching the Right of the faid Eledlions; and that the Committee defire the Direction of
the Houfe therein.
Ordered,

That

it

be an Inftrudlion to the faid Committee, to examine Witneffes

upon the Matter


M.'

of the faid Petitions, refpeAively, viva voce.

Eskridge alfo reported, from the faid Committee, that the Petitioners refpedtive-

ly complain.

That

feveral Perfons

who voted

for the faid M"" Daniel McCarty,

and

M''

Daniel Hornby, refpe(5lively, and were


faid Election,

fwom

to their Freeholds, at the

Time

of the

were not Freeholders: And that the Committee defire the Dire<5tion of the Houfe, whether they fhall hear any Evidence to that Matter. A Debate arofe thereupon, and Part of an Adt made in 4th Year of the Reign of the late Queen Anne, for Regulating the Eledion of Burgeffes, for fettling their Privileges, and for afcertaining their Allowances, was read; and thereupon. Ordered, That it be an Inftrudlion to the faid Committee, That they receive no Evidence touching the Freeholds of Perfons who made Oath to their Freeholds before

Time of the faid Eledlions, refpedlively. Then a Motion was made, and the Queftion put, That it be a further Inftrudlion to the faid Committee, that they receive no Evidence touching any Perfon's Freehold, whether fuch Perfon hath made fuch Oath of his being a Freeholder, or not.
the Sheriff, at the
It

paffed in the Negative.

be an Inftrudlion to the faid Committee, That they do diredl the Sherifs of the faid Coimties, refpedlively, to examine fuch Perfons who gave their Vote at either of the faid Eledlions, and were not fwom to their Freeholds, as either Party fhall require, upon Oath; and return their Examinations to the faid Committee. M"' Attorney General prefented to the Houfe, according to Order, a Bill for Dividing the Parifh of Henrico; and the fame was receiv'd, and read the firft Time. Ordered, That the Bill be read a fecond Time. Ordered, That the Accoimts of the Expence of Executing the Adl for Amending the Staple of Tobacco, which were laid before the Houfe Yefterday, be refer'd to the Confideration of the Committee of the whole Houfe; to whom it is refer'd to confider
Ordered,

That

it

of

(192)
of the

Heads

of a Bill, further to

Continue and

Amend

the A<ft

the Staple of Years of His Majefty's Reign, For Amending in His Majefty's Cuftoms. into the faid Committee; and after The Houfe, according to Order, refolved itfelf the Chair; and M-" Attorney General fome Time fpent therein, M^ Speaker refum'd

and 4th Tobacco, and Preventing Frauds


in the 3rd

made

That the Committee had had under their Confideration fome Progrefs therein; but not having Time to the Matter to them refer'd, and made to move, that they may have Leave go thro' the fame, the Committee had diredled him
reported, from the Committee,
to
fit

again.

Houfe will again refolve itfelf into a Committee of the whole To-morrow. Houfe, to confider of the Heads of the faid Bill, Ordered, That the Houfe be adjourned 'til To-morrow Morning Eleven a Clock.
Refolved,

That

this

Friday, September 6,

1734.

ORdered,

That

M''

Robert Boiling

have

Leave to be abfent from the Service

Houfe, 'til Wednefday next. M'' Attorney General, from the Committee of Propofitions and Grievunder their Confideration, a ances reported, That the Committee had had Propofition from the faid Coimty; alfo a Grievance from Nanfemond County, and and were come to feveral Refolutions thereupon which he read in his Place, and afterof the
;

wards deliver'd the Report in at the Table. Ordered, That the Confideration of the faid Report be put off 'til To-morrow. The Houfe, according to Order, refolved itfelf into a Committee of the whole Houfe, to confider of the Heads of a Bill, further to Continue and Amend the AcSt, made in the 3d and 4th Years of His Majefty's Reign, For Amending the Staple of Tobacco, and Preventing Frauds in His Majefty's Cuftoms; and after fome Time fpent therein, M' Speaker refum'd the Chair; and M'' Attorney General, reported from the Committee, That the Committee had had imder their further Confideration the Matter to them refer'd, and made a further Progrefs therein; but not having Time to go thro' the fame, the Committee had diredled him to move that they may have Leave to fit again. Refolved, That this Houfe will, To-morrow, again refolve itfelf into a Committee
of the

whole Houfe, further to confider of the Heads of the faid Bill. Ordered, That M' Simmons have Leave to be abfent from the Service of the Houfe,

Wednefday next. Ordered, That the Accounts of the feveral Infpedlors, which have been already brought in, purfuant to the Addrefs of this Houfe to the Governor, be refer'd to the Confideration of the Committee for Courts of Juftice: That they examine the feveral Articles thereof; and draw up a State of the fame, diftinguifhing how much every and report the fame to the Houfe And, That diftindl Head of Expence amounts to fuch of the faid Accounts as fhall hereafter be brought in, be likewife refer'd to the faid Committee. Ordered, That the Houfe be adjourned 'til To-morrow Morning Eleven a Clock.
'til
; :

Saturday, September 7,

1734.

retum'd upon a new Writ, having taken the Oaths appointed to be taken by Adl of Parliament, inftead of the Oaths of Allegiance and Supremacy, and taken and fubfcribed the Oath of Abjuration, and fubfcribed the Teft, and taken the Oath of a Burgefs, was admitted to his Place in the Houfe. A Motion was made. That the Order of the Day, for refolving into a Committee of the whole Houfe, to confider further of the Heads of the Tobacco Bill, be put off And thereupon the Queftion was put, and
:

MEMBER

Refolved,

Refolved,
of the

That

this

Houfe

will,

on Monday next, refolve

itfelf

into a

Committee

whole Houfe, further to confider of the Heads of the faid Bill. Petition of George Broach, of King and Queen County, was prefented to the Houfe, and read; fetting forth, That being out of the faid County upon urgent Bufmefs when the Court for Proof of Public Claims was appointed to be held, and at the Time of holding the faid Court, he had no Notice thereof; and praying to be allow'd a Claim of Two Hundred Pounds of Tobacco, for taking up a Runaway Servant Man, belonging to Captain Henry Fitzhugh, of Stafford County, which he had proved before a Juftice

of the Peace.

Ordered,

for Public Claims


fhall

That the faid Petition be refer'd to the Confideration of the Committee That they do examine the Matter thereof, and report the fame, as it
:

appear to them, with their Opinion thereupon, to the Houfe. A Petition of William Ford was prefented to the Houfe, and read; fetting forth. That he having been Conftable for the County of James-City, and alfo for the City of Williamsburg, three Years, hath been at great Expence and Lofs of Time, in taking up Runaway Servants and Slaves, and conveying them over the Rivers between which the faid City is fituate, occafioned by bad Weather, and the Diftance which the Conftables live from the other Side of the faid Rivers and praying the Confideration of the Houfe therein, and fuch Allowance for his Lofs of Time, and Charges, as may incourage him for the future to undergo the like Trouble. Ordered, That the faid Petition do lie on the Table, to be perufed by the Members of the Houfe. M'' Attorney General reported from the Committee of Propofitions and Grievances, That the Committee had had under their Confideration a Propofition from the Coimties of Henrico and Goochland, and were come to a Ref olution thereupon which he read in his Place, and afterwards delivered the Report in at the Table. Ordered, That the Confideration of the faid Report be defer 'd 'til this Day fevennight. M.'' Anderfon reported, from the Committee to whom the Bill to explain and amend an Adt, For reftraining the taking of exceffive Ufury, was committed. That the Committee had made feveral Amendments to the Bill, which they had directed him to report to the Houfe; and he read the fame in his Place, and afterwards delivered the Bill, with the Amendments, in at the Table, where the faid Amendments were read, and agreed to, by the Houfe. Ordered, That the Bill, with the Amendments, be ingroffed. M'' Robinfon prefented to the Houfe, according to Order, a Bill, for further continuing the Adl, For making more effedual Provifion againft Invafions and Infurredions And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. M"' Robinfon alfo, according to Order, prefented to the Houfe a Bill, For deftroying
;

Squirrels a}id Crows.

And

the fame

was

received,

and read the

Ordered,

That the

faid Bill be read

firft Time. a fecond Time.

A
and

Petition of fundry Inhabitants of the

That by Reafon of Danger of having their Houfes and Efifedts deftroied That great Numbers of Hogs, Goats, and Sheep, are raifed, and fuffered to go at large, in the faid Town, which are very prejudicial to the faid Inhabitants; and praying. That an Adt may pafs, to prevent the Building any fuch Chimneys for the future; and. That fuch as are
read, reprefenting.
in continual
:

Town of York, was prefented to the Houfe, Wooden Chimneys in the faid Town, they are

already built

may

be pulled

down

in

a reafonable Time after the Paffing thereof; and,

That no Hogs, Goats, or Sheep, be fuffered to go at large in the faid Town. Ordered, That Leave be given to bring in a Bill according to the Prayer of the faid Petition and that M"' Robinfon do prepare and bring in the fame.
;

M' Attorney General prefented to the Houfe, according to Order, a Bill Spotfylvania County; and the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time.

for Dividing

The

(194)
of the Report from The Houfe, according to Order, proceeded to the Confideration made Yefterday; and the fame was the Committee of Propofitions and Grievances, viz. follows, read, and agreed unto by the Houfe, as

Nanfeniond County, of the inconvenient have lately fuftained by a Fire Situation of the Clerk's Office, and of a great Lofs they the Records of that County of Part greateft the deftroied in the Clerk's Houfe, which proper Meafures to redrefs taken hath Refolved, That the Secretary of this Colony

Upon a Complaint

of fundr>' Inhabitants of

the faid Grievance, as to the inconvenient Situation of the Clerk's Office. Refolved, That all poffible Relief ought to be given to the Perfons concerned in the Writings, of which the faid Misfortune; and that the Copies of all Deeds, Wills, and other

by the Clerk of the faid County, be again recorded; and that the Clerk of the faid County do take no more for recording the fame, or for the recording any Original Deed, which hath been, or fhall be made, by Occafion of the faid Accident, for fettling the Right or Title of any Perfon or Perfons, than in other Cafes is or fhall be allowed by Law, for a Copy of any fuch Deed, Will, or Writing. Ordered, That Leave be given to bring in a Bill upon the faid Refolution and that the Committee of Propofitions and Grievances do prepare and bring in the fame. Ordered, That the Houfe be adjourned 'til Monday Morning Eleven a Clock.
Originals are
loft,

attefted

Monday, September

9,

1734.

MR.

Merriwether prefented to the Houfe, according to Order, a Bill for the bet-

Executors of the laft Will and Teftament of Charles Burgefs, Gent, deceafed, to pay his Debts and Legacies; and the fame was received, and read the firft Time.
ter enabling the

That the Bill be read a fecond Time. Three Members, retum'd upon new Writs, having taken the Oaths appointed to be taken by A61 of Parliament, inftead of the Oaths of Allegiance and Supremacy, and taken and fubfcribed the Oath of Abjuration, and fubfcribed the Teft, and taken the Oath of a Burgefs, were admitted to their Places in the Hoiife. Ordered, That M"' Fitzhugh, and M"' William Robinfon, be added to the Committee of Propofitions and Grievances. M' Attorney General reported from the Committee of Propofitions and Grievances, That the Committee had had under their Confideration a Complaint from Spotfylvania County, That the Ferry at Germana is not well kept by Col. Spotfwood, who agrees, that the Court of the faid County may, for the future, appoint fuch Perfon as they think fit to keep the faid Ferry, or a Ferry over the Rappidan, a.t any other Place on his Land, for a moderate Rent, and under reafonable Reftridions, and were come to a Refolution thereupon; which he read in his Place, and afterwards delivered the Report in at the Table where the fame was again read, and agreed imto by the Houfe, as follows Refolved, That the faid Grievance be refer'd to the Confideration of the next Seffion
Ordered,
;

of Affembly.

Bill, intituled,

for the further


Intereft;

An Ad to make void certain Contrads for the paying excel five Ufury; Difcouragement of the unrighteous Practice of taking more than the lawful and reducing the Rate of Intereft, was read the third Time.
That the Bill do pafs. That M^ Anderfon, and

Refolved,

and

M"- Merriwether, do carry the Bill to the Council, Concurrence. The Queftion being put. That the Order of the Day, for refolving into a Committee of the whole Houfe, to confider further of the Governor's Speech, be put off:

Ordered,

defire their

Refolved, That this Houfe will, upon this Day fevennight, refolve itfelf into a mittee of the whole Houfe, further to confider the Governor's Speech.

ComThe

(195)

The Houfe, according to Order, refolv'd itfelf into a Committee of the whole Hoiife, to confider further of the Heads of the Tobacco Bill and after fome Time fpent therein, M'' Speaker refum'd the Chair, and M'' Attorney General reported from the Committee, That the Committee had had tmder their further Confideration the Matter to them refer'd, and made a further Progrefs therein; but not having Time to go thro' the fame, the Committee had direcfted him to move that they may have Leave to fit again. Refolved, That this Houfe will To-morrow again refolve itfelf into a Committee of the whole Houfe, further to confider of the Heads of the faid Bill. A Petition of M'' Charles Carter was prefented to the Houfe, and read. Complaining of an undue Eledlion and Return of M'' John Champ, to ferve as a Burgefs in this prefent General Affembly for the County of King George. Ordered, That the faid Petition be refer'd to the Confideration of the Committee of Privileges and Elections; that they do examine the Matter thereof, and report the
;

fame, as

it

fhall

Ordered,

That the Houfe be adjourned

appear to them, with their Opinion thereupon, to the Houfe. 'til To-morrow Morning Eleven a Clock.

Tuefday, September lo, 1734.


to the Houfe, and read; be given to bring in a Bill, to dock the Intail of Two Himdred Acres of Land, whereof the faid Francis Gouldman is feifed in Fee Tail, in the Parifh of St. Anne, in the County of Effex, nigh the Mouth of Occupation Creek, and to veft the fame in James Garnett, in Fee Simple and to fettle Four Hundred Acres of Land, in the Parifh of St. George, in the County of Spoifylvania, whereof the faid James Garnett is feifed in Fee, and a Young Negro Woman,

PETITION

of Francis

Gouldman was prefented

praying. That Leave

may

of greater Value,

which the

faid

James Garnett

is

willing to fettle to the Ufes of the faid

intailed Land.

That Leave be given to bring in a Bill according to the Prayer of the faid and that M'' Mofcoe, Mr Dangerfield, M"' Thacker, Mf Price, M'' Henry Willis, and M' Auguftine Smith, do prepare and bring in the fame. A Petition of fundry Inhabitants, and Owners of Houfes, in Gloucefter, in the Coimty of Gloucefter, was prefented to the Houfe, and read; fetting forth, That they are apprehenfive, that great Damage may happen to their Buildings, and Eflfedts, by Reafon of the many Wooden Chimneys in the faid Town and praying the Confideration of the Houfe therein, and fuch Relief as the Houfe thinks fit. Ordered, That it be an Inftrudlion to the Committee, to whom it is refer'd to prepare and bring in a Bill to prevent the Building Wooden Chimneys in the Town of York, and for pulling down fuch as are already built. That they have Power to receive a Claufe, to prohibit the Building Wooden Chimneys in the Town of Gloucefter; and for pulling down fuch as are already built in the faid Town. A Bill for Dividing Spotfylvania Coimty, was read the fecond Time. Ordered, That the Bill be Ingroffed. The Houfe, according to Order, refolved itfelf into a Committee of the whole Houfe, further to confider of the Heads of the Tobacco Bill and after fome Time fpent therein, M"' Speaker refum'd the Chair, and M'' Attorney General reported from the Committee, That the Committee had had under their further Confideration the Matter to them refer'd; and made a further Progrefs therein; but not having Time to go thro' the fame, the Committee had diredled him to move for Leave to fit again. Refolved, That this Houfe will To-morrow again refohe itfelf into a Committee of the whole Houfe, further to confider of the Heads of the faid Bill. Ordered, That it be an Inftrudlion to the Committee for Courts of Juftice, That they do difpatch their Report upon the Infpedlors Accounts to them refer'd, as foon as poffiOrdered,
Petition;
; ;

ble.

M'

(i96)
indired and unwarrantable M' Attorney General inform'd the Houfe, That feveral had been made upon one Methods had been made ufe of, and fome unjuft Refledtions New-Kent, in order to procure Subfcriptions of the Reprefentatives of the County of upper Part of the faid County of New-Kent, the of to the Petition of fundry Inhabitants and Parts adjacent, in Relation to the Public Warehoufe at Chamberlayne's, refer'd to laft, as the faid the Confideration of the Committee of the whole Houfe, on Thurfday

Committee had been informed. Ordered, That a Committee be appointed, to enquire, by what Methods the faid Subfcriptions were procured to the faid Petition; and that they report the Matter as
it

fhall

appear to them, with their Opinion thereupon, to the Houfe. And a Committee was appointed accordingly, of the following Perfons:
M""

Attorney General,
M-M--

W Merriwether,
M' Anderfon, M' Baffet,

Bacon, Randolph, and

M' John Robinfon. And they are to have Power to fend for Perfons, and Papers, for their Information. Ordered, That the Houfe be adjourned 'til To-morrow Morning Eleven a Clock.

fFednefday, September ii,

1734

taken by Adl of Parliament, infteadof the Oaths of Allegiance and Supremacy, and taken and fubfcribed the Oath of Abjuration, and fubfcribed the Teft, and taken the Oath of a Burgefs, was admitted to his Place in the Houfe. A Petition of the Veftry of Elizabeth-River Parifh, in the County of Norfolk, was prefented to the Houfe, and read; fetting forth, That they have purchafed a very convenient Tra6t of Land, containing One Hundred and Seventy Two Acres, whereon all Conveniences are already eredled; and praying. That an A(5l may pafs, to declare the fame to be a f ufficient Glebe for the faid Parifh and to impower the Veftry of the faid Parifh to difpof e of the old Glebe and that the Money arifmg from the Sale thereof, may be applied by the faid Veftry to the Ufe of the faid Parifh. Ordered, That Leave be given to bring in a Bill according to the Prayer of the faid Petition; and that M"' Bonfh, M'' Wilfon, M"' Walke, M'' Land, M"" Mead, M"" Braxton, and M' Whitehead, do prepare and bring in the fame. Ordered, That it be an Inftrudlion to the Perfons appointed to prepare and bring in the faid Bill, That they have Power to receive a Claufe, to impower the Veftry of the Parifh of St. Stephen, in the County of King and Queen, to fell their old Glebe, and to apply the Money arifmg by the Sale thereof, to fuch Parochial Ufes as the faid Veftry
;
;

Member

return 'd upon a

new

Writ, having taken the Oaths appointed to be

fhall think

fit.

impower the Veftry of the Parifh of St. John, in the County of King-William, to difpofe of Part of their old Glebe, and to apply the Money arifmg by the Sale thereof, towards the purchafmg a better and more convenient Glebe. A Motion was made, That an Allowance be made to the Reprefentatives of the County of Acconiack, for croffmg the Bay, in order to attend the General Affembly, at the laft Prorogation, having had no Notice thereof; and, after a Debate, the Queftion was put thereupon.
Alfo a Claufe, to

Refolved in the Affirmative.

be an Inftruftion to the Committee for Public Claims, to make the fame Allowance to the faid Reprefentatives, as is allowed by Law for Sloop-hire, and for coming to, and returning from, the General Affembly.
Ordered,
it

That

M-- Attorney General reported, from the Committee of Propofitions and Grievances, That the Committee had had under their Confideration, a Propofition from the Coimties of Caroline, and King-George, for appointing a Public Ferry, from Roy's Warehoufe,

a-crofs

(i97)
a-crofs Rappahannock, to Gib fan's, and were of Opinion that the fame was reafonable and he read the Report in his Place, and afterwards deUvered it in at the Table, where the fame was again read, and agreed unto by the Houfe. Ordered, That it be an Inftrudtion to the Committee, to whom it is refer'd, to prepare and bring in a Bill, for Appointing feveral Ferries, and Altering feveral Court Days, that they have Power to receive a Claufe, for fettling a Ferry, according to the

faid Report.

A Petition of Patrick Fergufon, Affignee of Richard Stace, Affignee of Malichi Comeing, was prefented to the Houfe, and read; fetting forth. That the faid Comeing had Three Hogfheads of Tobacco burnt in the Public Warehoufe at Falmouth; and prayHoufe therein. That the faid Petition be refer'd to the Confideration of the Committee for Public Claims that they do examine the Matter thereof, and report the fame, as it fhall appear to them, with their Opinion thereupon, to the Houfe. M'' Attorney General inform'd the Houfe, That Col. Spotfwood had been charged with the Paiment of 400 lb. Tobacco, in the laft Public Levy, for taking up two Rtmaway Slaves, which belonged to Mrs. Mary Harrifon, deceafed, the Widow of the late Col. Nathaniel Harrifon, as appears by an Affidavit, which he delivered in at the Table. Ordered, That the faid Claim be refer'd to the Confideration of the Committee for Public Claims; and that they give Credit to Col. Spotfwood, for the faid 400 lb. of Tobacco, and charge the fame to the Executors of the faid Mrs. Harrifon, if to them it feems
ing the Confideration of the
Ordered,
;

reafonable.

Bill, intituled,

An Ad for Dividing Spotfylvania

County, was read the third Time.

That the Bill do pafs. Ordered, That M"" Henry Willis do carry the
Refolved,

Bill to the Council,

and

defire their

Concurrence.

The Houfe, according to Order, refolved itfelf into a Committee of the whole Houfe, further to confider of the Heads of the Tobacco Bill; and after fome Time fpent therein, M' Speaker refum'd the Chair, and M'' Attorney General reported from the Committee, That the Committee had had under their further Confideration the Matter to them refer'd; and made a further Progrefs therein; but not having Time to go thro' the fame, the Committee had diredled him to move for Leave to lit again. Refolved, That this Houfe will To-morrow again refolve itfelf into a Committee of the whole Houfe, further to confider of the Heads of the faid Bill. Ordered, That M"' Daniel McCarty, and M"' Hornby, have Leave to be abfent from
the Service of the Houfe
Ordered,
'til Wednefday next. That the Houfe be adjourned 'til To-morrow Morning Eleven a Clock.

Thurfday, September 12, 1734.


For Deftroying Squirrels and Crows, was read the fecond Time, and Amendments were made to the Bill, at the Table. Ordered, That the Bill, with the Amendments, be ingroffed. A Bill, For the better enabling the Executors of the Laft Will and Teftament of Charles Burgefs, Gent, deceafed, to pay his Debts and Legacies, was read the fecond Time. Ordered, That the Bill be ingroffed. A Bill, For further continuing the Ad, For making more effedual Provifion again ft Invafions and Infurredions, was read the fecond Time; and an Amendment was made

Bill,

feveral

to the

Bill,

at the Table.

the

with the Amendment, be ingroffed. M'' Francis Willis prefented to the Houfe, according to Order, a Bill, For Docking Entail of certain Lands in the Counties of Gloucefter, and Elizabeth-City, and vefting
Ordered,

That the

Bill,

the

(i98)
the

fame in Henry

Willis, in

Fee Simple; and

for fettling other

fcveral Slaves, to the

the

fame Ufes; and the fame was Bill be read a fecond Time. the That Ordered, M' Attorney General prefented to the Houfe, according to Order, a Bill, To amend Laws now in Force, for the more fpeedy and eafy Recovery of fmall Debts. And the
received,
received,

Lands and Tenements, and and read the firft Time.

and read the firft Time. Bill be read a fecond Time. the That Ordered, M' John Robinfon, from the Committee for Courts of Juftice, reported. That the Committee have, according to Order, examined the feveral Infpedlors Accounts, that have hitherto been brought in, and drawn up a State thereof; and he delivered the Report
fame was
in at the Table.

That the faid Report be refer'd to the Confideration of the Committee of the whole Houfe to whom it is refer'd, to confider of the Heads of a Bill, Further to continue and amend the Ad made in the Third and Fourth Years of His Majefty's Reign, For Amending the Staple of Tobacco, and Preventmg Frauds in His Majefty's Cuftoms. A Petition of Thomas Dick fon, Serjeant of the Court of Huftings, for the City of Williamsburg, was prefented to the Houfe, and read; fetting forth. That the faid City is fituate in the Counties of York, and James-City; and the faid Court of Huftings, and the Magiftrates of the City, are impowered to imprifon Offenders within the City, as the Juftices of Peace of the faid County ufed to do; whereby the Serjeant is oblig'd to maintain fuch Prifoners, and ought to receive his Fees, to be paid by the Counties; but the faid Coimty Courts have ref ufed to allow the Petitioner any Thing and prayOrdered,
;

ing Relief therein.

That Leave be given to bring in a Bill, according to the Prayer of the faid and that M'' Attorney General, and M"' Blair, do prepare and bring in the fame. The Houfe, according to Order, refolved itfelf into a Committee of the whole Houfe, to confider further of the Heads of the Tobacco Bill; and after fome Time fpent therein, M' Speaker refum'd the Chair, and M"' Attorney General reported, from the Committee, That the Committee had had under their further Confideration the Matter to them refer'd, and made a further Progrefs therein; but not having Time to go through the fame, the Committee had diredled him to move for Leave fto fit again. Refolved, That this Houfe will. To-morrow, again refolve itfelf into a Committee of the whole Houfe, to confider further of the Heads of the Tobacco Bill. Ordered, That the Houfe be adjourned 'til To-morrow Morning Eleven a Clock.
Ordered,
;

Petition

Friday, September 13,

1734.
Ad, For making more was read the third Time.
Bill to

A
A
Time.

Bill, intituled,

An Ad

for further continuing the

effedual

Provifion againft Invafions and Infurredions,


Refolved,

Ordered,
their Concurrence.

That the Bill do pafs. That M-- John Robinfon do carry the

the Council,

and

defu-e

BUI, intituled.

An Ad

for Deftroying Squirrels

and Crows, was read the third

Refolved,

Ordered,
currence.

That the Bill do pafs. That M' Conway do carr>' the

Bills to the Council,

and

defire their

Con-

Elizabeth-City,

For Docking the Entail of certain Lands, in the Counties of Gloucefter, and and vefting the fame in Henry Willis, in Fee Simple; and for fettling other Lands and Tenements, and feveral Slaves, to the fame Ufes, was read a fecond Time. Ordered, That the Bill be committed to the Committee who prepared it; that they do examine the Allegations thereof; and report the fame, as it fhall appear to them, to
Bill,

the Houfe.

(i99)

To Amend the Laws now in Force, for the more fpeedy and eafy Recovery of was read the fecond Time. Ordered, That the Bill be committed to the Committee who prepared it. The Houfe, according to Order, refolv'd itfelf into a Committee of the whole Hotife, further to confider of the Heads of the Tobacco Bill; and after fome Time fpent therein, M^ Speaker refum'd the Chair and M"- Attorney General reported, from the Committee, That the Committee had had under their further Confideration the Matter to them refer'd, and made a further Progrefs therein; but not having Time to go through the fame, the Committee had diredled him to move for Leave to lit again. Refolved, That this Houfe will again, To-morrow, refolve itfelf into a Committee of the whole Houfe, to confider ftirther of the Heads of the Tobacco Bill. A Meffage from the Council, by M'' Robertfon: That they have paffed a Bill, intituled, An Adl for the more eafy Trial of Criminals before Juftices of Oyer and Terminer; to which they delire the Concurrence of this
Bill,

fntall Debts,

Houfe.
Ordered,

That the Houfe be adjourned

'til

To-morrow Morning Eleven a

Clock.

Saturday, September 14, 1734.

MR.

Francis Willis prefented to the Houfe, according to Order, a Bill, To veft certain entailed Lands, with the Appurtenances therein mentioned, in Charles Tomkies, Gent, in Fee Simple; and for fettling other Lands, of greater Value,
to the

fame Ufes. And the fame was received, and read the firft Time. Ordered, That the Bill be read a fecond Time. An Ingroffed Bill, from the Council, intituled, An Ad for the more eafy Trial of Criminals before Juftices of Oyer and Terminer, was read the firft Time. Ordered, That the Bill be read a fecond Time. M"^ Attorney General inform'd the Houfe, from the Committee to whom it was refer'd, to enquire into the Method that was taken to procure Subfcriptions to the Petition prefented to the Houfe, for keeping up Chamberlayne's Warehoufe, That one Thomas Underwood was a material Witnefs to the Matter, and had Notice left at his Houfe to attend the Committee; but that he keeps himfelf conceal'd, fo that the Order of the Committee cannot be ferv'd perfonally upon him. Ordered, That the faid Thomas Underwood be fent for, in Cuftody of the Serjeant at Arms, to be examined before the faid Committee, upon the Matter to them refer'd. M' Francis Willis reported, from the Committee, to whom the Bill, For Docking Entail the of certain Lands in the Counties of Gloucefter, and Elizabeth-City, and vefting the fame in Henry Willis, in Fee Simple; and for fettling other Lands and Tenements, and feveral Slaves, to the fame Ufes, was committed, That the Committee had examined the Allegations of the Bill, and found the fame to be true; and that the Committee had gone thro' the Bill and had dire(fted him to report the fame to the Houfe, without any Amendment; and he delivered the Bill in at the Table. Ordered, That the Bill be ingroffed. A Motion was made, That Leave be given to bring in a Bill, For the better DireAion
;

of Officers

in the Sale of Goods, or other Things, taken in Execution, or Diftrained for Rent.

Ordered,

That Leave be given to bring

in a Bill according to the faid Motion;

and

that M"' Conway, M'' Hedgman, M'' Fitzhugh,

and

M''

Braxton, do prepare and bring in the

fame.

A Claim of William Ford, in Behalf of himfelf, and others, by him impreffed to guard the Country Goal, by Order of the General Court, was prefented to the Houfe,
and read.
Ordered,

(200)

Claim be refer'd to the Confideration of the Committee for Matter thereof; and report the fame, as it Public Claims; that they do examine the to the Houfe. thereupon, Opinion fhall appear to them, with their
Ordered,

That the

faid

Petition of

John

Carter,

and Charles

Carter, Efqrs.

and

Prifcilla Carter,

Widow,

read; fetting

was prefented to the Houfe, and Relia of Robert Carter the Younger, Efq; deceafed, Efq; deceafed, did, by his forth. That Robert Carter, late of Corotoman,
Laft'will

and Teftament, devife to his Son, the faid Robert Carter, Jun. divers great and great Number of Slaves; but valuable Trads of Land, with the Appurtenances, and a his Father, the Right of all the the faid Robert Carter, Jun. dying in the Life Time of
Lands devifed to him by the Limitations of the faid Teftator's Will, are vefted in the faid John Carter, eldeft Son and Heir faid Charles Carter, and the Slaves defcend to the whereby the faid Widow, and her of of the faid Teftator, as a real Eftate undifpofed after the Death of his faid Son, Teftator, faid the Yet, for unprovided Children, remain
;
:

having declared what he intended to do for the faid Widow and Children, the Petitioners are willing, that the faid Teftators' Declaration of his Will, fhould be fulfilled, which cannot be done without the Affiftance of the Legiflature; and praying, That Leave
be given to bring in a Bill, to provide for the faid Widow, and her Children, according to the Defign and Intention of the faid Teftator. Ordered, That Leave be given to bring in a Bill according to the Prayer of the faid Petition; and that M' Conway do prepare and bring in the fame.

may

The Houfe, according

to Order, proceeded to the Confideration of the Report

from

the Committee of Propofitions and Grievances, made on Saturday laft, upon a Propofition from the Coimties of Henrico and Goochland, for fettling a Town at Warwick, on the Land of Thmnas Howlett, on the South Side of yam^5-River, in the faid County of Henrico; and the fame was read: And thereupon, Refolved, That the faid Propofition be refer'd to the Confideration of the next Seffion
of Affembly.

The Houfe, according to Order, refolv'd itfelf into a Committee of the whole Houfe, further to confider of the Heads of the Tobacco Bill and after fome Time fpent therein, M"" Speaker refum'd the Chair, and M'' Attorney General reported, from the Committee, That the Committee had had under their further Confideration the Matter to them refer'd, and made a further Progrefs therein; but not having Time to go through the fame, the Committee had diredled him to move for Leave to fit again. Refolved, That this Houfe will again, on Monday next, refolve itfelf into a Committee of the whole Houfe, to confider further of the Heads of the Tobacco Bill. Ordered, That the Houfe be adjourned 'til Monday Morning Eleven a Clock.
;

Monday, September i6, 1734.

A
wick,

Petition of the late Veftry of

Hanover Parifh,

in the

was prefented
laft

to

the Houfe,

and read

fetting forth,

County of King George, That by an Adl of the

who

for altering the Parifhes in the faid County, the Glebe of the faid Parifh was to be fold by the Veftry of the Parifh of Brunfwere to keep in their Hands their Proportion of what it fhould be fold for,

Seffion of Affembly,

Number of Tithables in that Parifh, before the Parifh of Hanover was and the Refidue was to be paid to the prefent Parifhes of Hanover, and Hamilton. That about Three Hundred and Sixty Tithables are taken into the Parifh of Hanover, from the diffolved Parifh of Sittenburn, who never paid any Thing towards Buying the faid Glebe, or Building thereon; and that there were hardly Twenty Tithables in that Part of Hanover Parifh which is now taken into the Parifh of Hambleton; and the greateft Part of them, at the Time of purchafmg the faid Glebe, and making the Improvements upon the fame, had not fufficient to pay their Levies; but are now increafed to near Two Hundred and Fifty That the faid Glebe, and Improvements, have been fold for Two Hundred and Fifty Five Pounds current Money, of which the Inhabitants
according to the
divided;
:

of

(aoi)
of thofe Parts of the faid Parifhes claim their Proportion;

tion of the

in

and praying the ConfideraHoufe therein, and fuch Relief as the Houfe fhall think fit. Ordered, That it be an Inftrudlion to the Perfons, appointed to prepare and bring Bill, For Selling feveral Glebes, That they have Power to receive a Claufe, or Claufes, a

for Relief of the Petitioners, according to the prayer of the faid Petition.

Bill, intituled.

An Ad for the better enabling


to

the Executors of the Laft

tament of Charles Burgefs, Gent, deceafed,


third Time.
Refolved,

pay

his Debts,

Will and Tefand Legacies, was read the

That the Bill do pafs. That M'' Martin do carry the Bill to the Council, and defire their Concurrence. A Bill, intituled. An Ad for Docking the Entail of certain Lands in the Counties of Gloucefter, and Elizabeth-City, and vefting the fame in Henry Willis, in Fee Simple; and for fettling other Lands and Tenements, and feveral Slaves, to the fame Ufes, was read
Ordered,

the third Time.


Refolved,

Ordered,

That the Bill do pafs. That M"" Francis Willis do carry the

Bill to the Council,

and

defire their

Concurrence.
put, That the Order of the Day, for refolving into a Committee whole Hoxife, further to coniider the Governor's Speech, be put off Refolved, That this Hoiofe will, upon this Day fevennight, refolve itfelf into a Committee of the whole Houfe, further to confider the Governor's Speech.
of the
M''

The Queftion being

Attorney General prefented to the Houfe, according to Order, a

Bill,

For appointreceived,

ing feveral

new

Ferries,

and

altering feveral Court Days.

And

the fame

was

and read the


Ordered, Ordered,

firft

Time.

That the Bill be read a fecond Time. That the State of the Accounts of the Expence of Executing the Tobacco Law, for the Three Years the fame has fubfifted, be printed. A Bill, To veft certain Entailed Lands, with the Appurtenances therein mentioned, in Charles Tomkies, Gent, in Fee Simple; and for fettling other Lands, of greater Value, to the fame Ufes, was read the fecond Time. Ordered, That the Bill be committed to a Committee; that they do examine the Allegations thereof; and report the fame, as it fhall appear to them, to the Houfe. And a Committee was appointed accordingly, of the following Perfons M"' Francis Willis, Thacker, and M'' Price. Armiftead, The Houfe, according to Order, refolved itfelf into a Committee of the whole Houfe, further to confider of the Heads of the Tobacco Bill; and after fome Time fpent therein, M'' Speaker refum'd the Chair, and M"" Attorney General reported from the Committee, That the Committee had had under their further Confideration, and gone through, the Matter to them refer'd; and were come to feveral Refolutions thereupon, which they had directed him to report, when the Houfe will pleafe to receive the fame. Ordered, That the Report be received To-morrow. Ordered, That the Houfe be adjourned 'til To-morrow Morning Eleven a Clock.

Tuefday, September 17,

1734.
Heads
of a Bill,

MR.
read.

Attorney General, according to Order, reported, from the Committee of


the whole Houfe, to
Fiirther to continue

whom

it

was

refer'd to confider of the

and amend the Ad made in the Third and Fourth Years of His Majefty's Reign, For Amending the Staple of Tobacco, and preventing Frauds in His Majefty's Cuftoms, the Refolutions they had diredled him to report to the Houfe; and he delivered the Refolutions in at the Table, where the fame were

And
of the

the

firft

of the faid Refolutions

Inhabitants of the County of

was read a fecond Time And Two Petitions Prince-George, for keeping up Powers-Creek Ware:

houfe, were alfo read.

Then

(202)

with fome Amendments, agreed Then the faid Refolutions were read through, and, unto by the Houfe, as follows
Refolved,

THat
New-Kent.

the following Public Warehoufes be repeal 'd, To-wit, Brandon, MumWarwick fqueak, Powel's Creek, and Chamberlayne's; and that in ford'?,, the Room of PoweVs Creek Warehoufe, a new Warehoufe be eredled at M--

Raven fcroft's, in the County of Prince-George; and in the Room of ChamRichard Littlepage's, in the County of berlayne's, another Warehoufe to be eredted at

That the Public Warehoufes, at Shockoe's, in the County of Henrico, at Marlborough, in the County of Stafford, and Pohick, in the County of Prince-William, be repealed, after the loth Day of November, in the Year 1735, and that other Warehoufes be built In the Room of Shoccoe's, upon the Land of Wiltfhire Marrin, in the County of Henrico, now in the Occupation of one Wilkin fon; and inftead of Marlborough, at the moft convenient Place at or near the Head of Acquia, in the County of Stafford; and inftead of Pohick, at fome more convenient Place, to be appointed; and that the Rents for the faid Warehoufes to be repealed, be paid for the enfuing Year, as follows, To wit, Shockoe's at Thirty Five Pounds, Marlborough at Six Poimds, Pohick
Refolved,
:

at Five Pounds.

That the following Public Warehoufes, before eftablifhed under different Infpedions, be now united imder one Infpedlion; To wit, Princefs-Anne and Norfolk, Naffawaddox and Pungoteague, Hunger's and Cherry ftone's, Pitts's and Guilford's, Hogg-Neck and Taskanask and that the Warehoufe at Roy's, in the County of Caroline, and the Warehoiifes at Gibfon's, in the County of King-George, heretofore imder one Infpedlion, be hereafter under two Infpedlions. Refolved, That the Rents of the Public Warehoufes heretofore fettled by Commiffioners, and the Rents of the Warehoufes hereafter to be built, be reduced to, and fettled at,
Refolved,
;

the following Rates, per

Annum,
1.

viz.
1. 1.

Warwick,
Col. Boiling's at

20

Turky-Ifland,
M.'^

10

Soans's,

10

Appo-

20

mattox,

Ravenfcroft's, 10 Bermuda Hundred, ... 10


Cabbin-Point,
Swiniard's,

Grey's-Creek,

6
15 15

Wainwright's,
Lawrence's,
Sleepy-Hole,

John

Boiling's, over
it,

20
10

againft

10
25
15
15

Conftance's,

10
7

Mantapike,
Quarles's,
Aylett's,

10
6

Frederick fburg,

Norfolk
Princefs-Anne,

Falmouth,
Wiccocomico,

Hampton,
Roe's,

4 6
10
8

20 20
15
7 7 5

Todd's,

Coan,
Yeocomico,

10
15 15

Kemp's
Corotoman,
Davis's,

Denbigh,
York,
Gloucefter Town,

Nominy,
Mattox,
Boyd's-Hole,

10
15 15
7

10

Urbanna,
Deep-Creek,
Indian-Creek,
Glafcock's
Bowler's,

18
15

Deacon' s-Neck,
Poropotank,
Capitol Landing
College Landing,

10 10 10
5

Acquia,
Quantico,

10
in-

10
10
7 5

The new Warehoufe


ftead of Pohick,

....

10
5

Taskanask,

Hobb's-Hole,
Totaskey,
Nailor's,

10
10
10 10
15
12 15

Hunting-Creek,
Pungoteague,

Hog-Neck,
Williams's,
Littlepage's,

10
5 5 5 5 5

10
15

Naffwaddox,
Hunger's,
Pitts's,

Bray's,
Layton's,

Merriwether's,
Page's,

10

50
25
12

Conway's,
Roy's,
Gibfon's,

Cherryftones,
Guilford's,

Wilkin fan's
Shepherd's

10
Refolved,

(203)
Refolved,

That where any

Room for

the Receiving of Tobacco, or Prizes, or Wharfs,

County Courts, refpeclively, fhall order the fame to be built and ere(5led by the Owners of fuch Warehoufes; and if they refufe to do it, it fhall be done at the Charge of the County; and the Juftices of fuch County fhall receive a proportionable Part of the Rent and if any Difference fhall arife between them, the fame fhall be determined by Appeal to the Governor and Coimcil: And if there fhall be an immediate Occafion to hire Houfes, before the fame can be built, the Charge of hiring Houfes fhall be bom by the County wherein fuch Warehoufes lie. Refolved, That in all Places, where the Public Warehoufes have been built at the Charge of any County, upon the Lands of private People, and where Lands have been taken away, and built upon by other private Perfons, the Proprietor fhall be reftored to his former Right, and receive the Rents hereafter; after he fhall reimburfe the County, or other private Builder, fo much as remains unfatisfied of the Expenfe of fuch
or Repairs, fhall hereafter be wanting, the
;

Buildings.

Refolved,

Annum, be not
herein after

That the Infpedlors Salaries, which do not exceed Thirty Pounds per leffened and that the Salaries of Infpedlors, at the feveral Warehoufes mentioned, be fettled at the Rates following, per Annum, viz.
;

1.

1.

At Shockoe's, while that


Warehoiafe continues and afterwards at
Wilkinfon's, to each
Infpedlor,

Bermuda,
Turky-Ifland,
Cabhin-Point,
Swiniard's,

40

Soans's,

Warwick, Appmnatox, Taskanask,


Williams's,
Litilepage's,

40 40

Wainwright's,
Lawrence's,
Sleepy-Hole,
Layton's,

& Hog-Neck,

35 30 35 35

Conway's,
Roy's,
Gibfon's,

Shepherd's,

Mantapike,
Aylett's,

Todd's,

35 40 40
35

Frederickfburg,

Falmouth,
Wiccocomico,

Kemp's, Corotoman, and Davis's,


Hobbs's-Hole,
Nailor's,

35 35 35
35

Yeocomoco,
Mattox,
Boyd's-Hole,

Bray's,

Marlborough, and
built in the

the

New Warehoufe to be Room of

(204)

Warehoufe, in Prince-George; Mattox's Notes, in Stafford; Cabbin-Point in Northumberland; Falmouth Notes, in Notes, in Prince-George; Yeocomico Notes, Merriwether's, in King-William; Princefs-Anne, and Stafford; Notes of Page's, and in Prince-William County 'Notes, in either County: Except alfo, That Notes
Boiling's
AVr/o//b
fliall

not pay Levies in the

new County

of Orange.

And if old Infpedors Notes fhall be tender'd, next Year, in Paiment of Levies, the old Transfer Notes fhall ColleAor fhall dedudl 4 per Cent, but after the enfuing Year, no Levying Conveniency, in the about Difputes And for fettling pafs in any Paiments.
County
Levies,
Refolved,

That no County

with Conveniency, fhall for Conveniency. Refolved, That the owners of

by Law or Contrad; are to be paid the Allowance fettled by Law with People, the on be levied
Credits, but fuch as
all

and the Infpedors Tobacco, over and above the Five Shillings for Infpecftion. Refolved, For preventing of Frauds in fhipping off, or carrying by Land into another Province, Tobacco that has not paffed an Infpe(5tion, That the following Provifions be

fhall receive Six

Crop Tobacco fhall find Nails for their own Tobacco; Pence a Hogfhead of the Owners of all Transfer

made, viz. That no Tobacco fhall be bought or fold, but by Infpedtors Notes, under a Penalty both upon the Buyer and Seller. That a Penalty be laid on Perfons carrying Tobacco by Land into North-Carolina, and the Penalty, for carrying Tobacco over the River Potowmack to Maryland, be leffened, and laid upon the Owner, as well as the Perfon carrying the fame. That no Tobacco fhall be carried by Water, to be infpedled, out of the Diftrid; where the fame was made, imder a Penalty. That any Juftice of Peace, who fhall know, or be inform'd of, any Package of ToWeight, made up for Shipping off, fhall have bacco, of lefs than Power to enter any fufpedted Houfe, by Night or by Day; and to fearch for, and finding any fuch Package, to feife and deftroy the fame And moreover, the Perfon, in whofe Poffeffion the fame fhall be found, fhall be liable to a Penalty. Refolved, For the Eafe of Shipping and Navigation, That that Part of the Law, which obliges Mafters of Ships to pay Four Shillings per Hogfhead, for Tobacco put on board their Ships and the Prohibition upon Mafters of Ships to fetch Tobacco from the
:
;

Planters Houfes, be repealed.


Refolved,

For the better Diredtion

of the feveral Infpedlors in the

Execution of

their Office, the following Rules be eftablifhed, viz.

That the faid Infpedlors fhall deliver out any light Hogf heads, or Parcels of Tobacco, not being ftamp'd, to the owner of any of their Notes, which he may carry away, for the better forting or ftemming the fame, paying for the Infpedlion, after the Rate of Five Shillings for ever}' 800 Weight, and fo in Proportion for a greater or lefs Quantity; but fuch Tobacco fhall not be fhipped before it be again infpedted, under the Penalties in the former Laws; and the Shipper fhall pay the Fee for the fecond Infpedtion.

That the Owner of any Transfer Notes may, at any Time, receive Hogfheads of Tobacco, in Satisfadion of fuch Notes; and the Infpedlors fhall take in the faid Transfer Notes, and deliver new Crop Notes for fuch Hogfheads, the Owner paying Two Shillings down per Hogfhead, befides Six Pence for the Nails; and the Infpedlors fhall afterwards be anfwerable for the fafe keeping of fuch Tobacco, as they are for Crops. That the Infpedlors fhall fell all Transfer Tobacco, which fhall not be fo receiv'd, and mark'd, before the County Court, which fhall be held Yearly, in the Month of
September, in the

Court; and fhall

County where fuch Tobacco lies, by public Audlion, at fuch County pay the Money, arifing from fuch Sale, to the Proprietors of fuch To-

bacco refpedlively.

That all Infpedlors, when required, fhall be obliged to prize any Hogfhead under 800 lb. Nett, fo as to make it up that Weight; and fhall receive for the fame as for Transfer Tobacco, making likewife the ufual Dedudlions for what fhall be priz'd in.

That

(205)

That where the Owner


allowed one

of

Month

for doing

it

any Tobacco fhall be willing to pick the fame, he fhall be and after that Time, the Infpedlors fhall be at Liberty
;

except Tobacco in a Sweat; having Regard, neverthelefs, to the Circumto ftances and Accidents of Weather: But if any Perfon fhall refufe to pick his Tobacco, it fhall be immediately burnt: And when any Tobacco fhaU be pick'd, the Trafh taken
it,

bum

out fhall be burnt by the Infpedlors, the fame Day, under a Penalty.

Crop Tobacco fhaU be view'd, when receiv'd out of any Warehoufe, if the Owner thereof fhaU require it. And, That one Infpedlor fhall attend conftantly, from the laft of June, 'til the County Court to be held Yearly, in September, in the Coimty where the refpedtive Warehoufes lie, to deliver out Tobacco; and where Two Houfes are under one Infpe(5lion, One of them fhall attend thofe Houfes alternately. And for the Redreffing of Complaints againft Infpe(5lors, Refolved, That any Three Juftices of the Peace, not being Infpedlors, at any Warehoufe, whereof Two fhall be of the Quorum, fhaU have Power to hear any Complaints againft any Infpedlor within their County to viQt the Warehoufes under their Infpedlion

That

all

and to take the Depofitions of Witneffes upon the Matter of Complaint on both Sides for which Purpofe, the Clerk of the County, or fome fufficient Perfon appointed by him, fhall attend them, to be paid for fuch Service by the County; and fuch Depofitions fhall be tranfmitted, with the Matter of Complaint, to the Governor and Council. Refolved, That where any Houfes fhall be built hereafter by any Landlords, whereby they may be Sufferers, at the Rents now fettled, their Cafe fhall be referved to the Conrefpedlively, for their better Information;
;

fideration of the next Seffion of Affembly.

Ordered, That Leave be given to bring in a Bill, purfuant to the faid Refolutions; and that the Committee of Propofitions and Grievances do prepare and bring in the

fame.
Ordered,

That the Houfe be adjoum'd

'til

To-morrow Morning Eleven a Clock.

fFednejday, September i8, 1734.


For Dividing the Parifh of Henrico, was read the fecond Time. Ordered, That the Bill be committed to a Committee. And a Committee was appointed accordingly, of the following Perfons M'' Randolph, My Fleming, M"" Simmons, and M"" Grey. A Petition of the Veftrymen of the Parifhes of Newport, and Warwick fqueak, in the County of I fie of Wight, refer 'd from the Coimcil to the Confideration of the Houfe, was read; fetting forth. That the faid Parifhes are, in Length, upwards of Sixty Miles; and the Glebes, where the Minifters refide, are fituate in the lower Parts of the fame, whereby the upper Inhabitants are deprived of the Benefit of Public Worfhip; and praying. That thofe Parts of the faid Parifhes of Newport, and Warwick fqueak, which lie on the South Side of Blackwater Swamp, may be eredled into one Parifh; and thofe other Parts of the faid Parifhes, which lie on the North Side of the faid Swamp, may be likewife eredled into one other diftindl Parifh. Ordered, That it be an Inftrudlion to the Committee, to whom the Bill, For Dividing the Parifh of Henrico, is committed. That they have Power to receive a Claufe, or Claufes, for fettling the Bounds of the faid Parifhes of Newport, and Warwick fqueak, according to the Prayer of the faid Petition. Ordered, That it be an Inftrudlion to the Committee, to whom it is refer'd to prepare and bring in a Bill, Further to continue and amend an Ad made in the Fifth and Sixth Years of the Reign of his prefent Majefty, intituled, An Ad to revive and continue certain Parts of an Ad, for afcertaining the Fees of certain Officers; and for the better
Bill,

fettling

(206)
Attornies, in Caufes dependFees of County Court Clerks, and Sheriffs; and of in the Bill of Cofts; and for fettling the Fee for ing in the County Courts, to be allowed the Governor and Council; and Summoning Witneffes in Controverfks depending before Power to receive a Claufe, have they That the Allowance to fuch Witneffes,
fettling the

afcertaining

and fettling Surveyors Fees. Bill, To veft certain Francis Willis reported, That the Committee, to whom the in Charles Tomkies, Gent, mentioned, therein Appurtenances Entailed Lands, with the to the Value, fame greater Ufes; was comLands, of in Fee Simple; and for fettling other fame found the to be true; and and mitted, had examined the Allegations of the Bill,
or Claufes,

For

the better regulating

had gone thro' the Bill, and had directed him to report the fame delivered the Bill in at the Table. to the Houfe, without any Amendment and he Ordered, That the Bill be ingroffed. M' Attorney General reported, from the Committee of Propofitions and Grievances, That the Committee had had under their Confideration, a Propofition of fundry Inhabitants of the County of Prince-George, for a Divifion of the faid County; and alfo two Petitions of divers others of the faid Inhabitants, againft fuch Divifion And a Propthe faid Parifh, and were ofition of the Inhabitants of Briftol Parifh, for a Divifion of his place, and afterwards delivered read in he which come to a Refolution thereupon; Amendment, agreed unto in at the Table where the fame was again read, and, with an
that the Committee
; :
;

and that Part of the faid Parifh which lies in the fame, be divided, from the Mouth of Namozine Creek, up the fame to the Main (or John Hamlin's) Fork of the faid Creek thence up the South, or loweft Branch, to White-Oak Hunting Path; and thence, by a South Courfe, to ftrike Nottoway River:
;

by the Houfe, as followeth, viz. Refolved, That the faid County,

And
tin(5l

that

all

that Part of the faid County, below thofe Courfes, be hereafter one dif-

County, and Parifh: And all that Territory of Land, above the faid Courfes, bounded Southerly by Great-Nottoway River, (which will include Part of the County of Brunfwick, and Parifh of St. Andrew,) fo far as to take the Ridges between Roanoak and Appamatox Rivers; and thence, up that Ridge, to the Great Mountains; and Wefterly, by the faid Mountains; and Northerly, by the Southern Bounderies of Henrico and Goochland Counties, be erected into one other diftinft County, and Parifh. Ordered, That a Bill be brought in, purfuant to the faid Refolution; and that the Committee of Propofitions and Grievances do prepare and bring in the fame. M"" Lawrence Smith prefented to the Houfe, according to Order, a Bill, To reftrain the Inhabitants of the Town of York, from keeping too large a Number of Cattle, and Horfes. And the fame was received, and read the firft Time.

And
and
the fame

a Petition of fundry Inhabitants of the faid

Town was prefented


Bill
;

to the Houfe,

read, fuggefting feveral

Reafons againft paffmg the faid

and praying. That

may

not pafs.

That the faid Bill be read a fecond Time. Ordered, That the faid Petition be taken into Confideration, at the fecond Reading
Ordered,
of the faid Bill.

An Ingroffed Bill from the Council, intituled, An Ad for the more eafy Trial of Criminals before Juftices of Oyer and Terminer, was read the fecond Time. Ordered, That the faid Bill be committed to a Committee of the whole Houfe.
That this Houfe do immediately refolve itfelf into a Committee of the whole Houfe, upon the faid Bill, and the Houfe accordingly refolv'd itfelf into a Committee of the whole H