Skip to main content

Full text of "Executive journals of the Council of Colonial Virginia"

See other formats


UNIVERSITY 
OF PITTSBURGH 






LIBRARY 



„-6\v\ \ «^ (C >u.v\a'v\. 

EXECUTIVE JOURNALS 



OF THE 



Council of Colonial Virginia 

Vol. IV 

(October 25, 1721-October 28, 1739) 






ml 



^QgjQ^psfegyi 



PUBLISHED BY 

The Virginia State Library 
H. R. McILWAINE 

EDITOR 

RICHMOND: 

Division of Purchase and Printing 
1930 



I 



LIBRARY BOARD 
VIRGINIA STATE LIBRARY 



LYON G. TYLER, Chairman 
MRS. G. HARVEY CLARKE 
BRANCH JOHNSON 
R. WALTON MOORE 
ROSEWELL PAGE 



dop.l 



n 



PREFACE 

The text of the present volume, the fourth volume of the "Execu- 
tive Journals of the Council of Colonial Virginia," through October 
28, 1734, has been obtained from a manuscript volume in the Virginia 
State Library. From that point on it has been obtained from the 
Public Record Office, London, as has all the matter in the appendix, the 
comparatively few proclamations promulgated by the governors of 
Virginia in the period of the journals contained in this volume. 

This manuscript volume is undoubtedly the contemporary official 
volume kept by the clerk of the Council, as was the volume (now made 
by binding into two volumes) which was the source of the text of Vol. 
Ill of the present series of Journals the official journal book of the 
Council. Most of that book is in the handwriting of William Robert- 
son, the clerk of the Council, who at the close of the recorded proceed- 
ings for Sept. 7, 1705, wrote the following: "Vere Recordat per 
[mark for "per" being used] Wil Robertson CI Con." The "Recordat" 
is an abbreviation for "Recordatur." The formula used by Robertson 
in certifying copies of proceedings sent to England was simply "Ex- 
amined Wil Robertson, Cls Con.," "Examined" being frequently ab- 
breviated to "Exam d " or "Ex d " and the mark for "per" or the word 
"by" being occasionally used. 

After this certification (the second made, the first being at the 
close of the mutilated proceedings for August 16, 1705, with which 
the book begins) the signature of William Robertson is no further 
found in the book ; nor is it found in the succeeding volume. But most 
of the first volume is in his handwriting, though none of the second is, 
he having evidently called on his assistants — now one and now an- 
other — to perform the drudgery of "writing up" the journal record. 
He himself kept notes of the transactions of the Council and then 
wrote out full journal entries for his clerks to copy. If he verified the 
copy, as is most likely, no record was made of the fact, and, singular 
to say, the custom of reading the proceedings of former meetings at 
immediately succeeding ones had not come into vogue, though they 
were read from time to time. The journals are not signed by the Gov- 
ernor nor by any member of the Council. Nor, except for the pro- 
ceedings for the first sessions, are marginal catch phrases used in the 
Virginia books, whereas they are always used in the English copies and 
the handwriting shows that they were usually made by Robertson him- 
self. This fact shows that he took considerable care with the records 
sent to England — greater care, apparently, than he took with those kept 
in the Colony. 

The Council made a distinction between the journal and the min- 
utes. At the bottom of p. 65 of Vol. Ill the last entry in the proceed- 
ings for Nov. 29, 1705, is as follows: "The Journal of the Council 
from y e last time of its being read to this day was read over in Coun- 
cil." The proceedings for the next day, the last day of the session, 
begin as follows : "The Proceedings and Orders of Council made yes- 



vi Preface 

terday were now read over and approved." The next meeting of the 
Council took place on the 20th of December. The last entry in the 
Journal is : "The minutes [minutes, because the clerk had had no time 
in which to put the minutes into final form of journal entries] of this 
Meeting were read over and approved. And nothing further being of- 
fered for consideration His Excellency adjourned the Council." And 
similarly the last entry for the next meeting of the Council [January 
23, 1705/6, with none to follow till Feb. 8] was: "The Minutes of this 
Council were ("were" omitted in English copy) read and approved, 
and then y e Council adjourned." 

The journal book was not kept "posted" from day to day, but fre- 
quently some time elapsed before the book was written up. The cor- 
rectness of this statement is evident from a close examination of the 
contents of the record. Occasionally the entries prepared by the clerk 
must have become slightly mutilated or small portions of them lost 
before the recording took place, for there are a few omissions which 
may be supplied by the copies sent to England, — copies made evidently 
from the clerk's original paragraphs and not from those as transcribed 
into the books. Hence the English records are occasionally more ac- 
curate than the Virginia ones. When the editor of this series of 
volumes came to a realization of this possibility, he sent a copy of Vol. 
Ill of the series to B. F. Stevens and Brown in London and had a 
careful comparison made of the whole text with the documents in the 
Public Record Office, and for much of the present volume has himself 
made a careful comparison with photostat prints of the corresponding 
English documents. These prints have been kindly lent for the pur- 
pose by Mr. Fairfax Harrison, who some years ago in the course of 
certain investigations found it convenient to have prints made of all 
the Journals from 1726 to 1752 now preserved in England. It was 
Mr. Harrison who pointed out to the editor that there were discrepancies 
between the Virginia books and the English "copies." It should be 
stated here, too, that for several years Dr. W. G. Stanard, Secretary 
of the Virginia Historical Society, has been printing in the "Virginia 
Magazine of History and Biography" these journals of the Virginia 
Council, with very copious and valuable notes. Much of the material 
in the present volume has appeared in that magazine, but it should be 
printed again here for the sake of completeness and in order to be 
indexed and because of the few discrepancies between the English 
records, the source of the magazine text, and the Virginia State Li- 
brary records, the source of the present text. Though the next volume 
in this series will print the journals from Mr. Harrison's photostat 
copies and will go far beyond the period that Mr. Stanard (impeded 
by his notes and by usual quarterly magazine restrictions) will reach, 
it is to be hoped, because of the value of these notes, that he will con- 
tinue the publication of the journals — certainly up through 1752 and, 
indeed, through 1775. 

When the copies of the journals sent to England and the journals 
as recorded in the books now in the Virginia State Library are com- 



Preface vii 

pared, it is found that there are not a few variations of spelling, punc- 
tuation, and abbreviation. This was, of course, to be expected. There 
is also the occasional substitution of one word for another and the addi- 
tion or suppression of words and occasionally the recasting of sentences 
— in a word, an editing of the original in the interest of improved 
phraseology. But of greater importance than this, sometimes one record 
has whole sentences, possibly paragraphs, not contained in the other — 
the result, undoubtedly, as pointed out above, of the fact that the two 
records, deriving from the same source, the clerk's expanded notes, 
were copied at different times and by different assistants and the Vir- 
ginia journals not always closely read by the clerk himself, though they 
were the ones that were read from time to time to the Council and ap- 
proved. The clerk and the Council let not a few inaccuracies go by 
them. 

In the following lists of discrepancies only those are given where 
the sense seems to be affected, where names of persons or places have 
widely different forms, and where there are additional sentences or 
paragraphs. 

Vol. III. 

E is an abbreviation for "English copy," that is, the English Public 
Record Office copy. 

P. 41 : E has, in the eighth line from the bottom, "Collector & Naval 
Officer," in place of the incorrect "Collectors and Naval 
Officers." 

P. 42: in the second line from the end of the first paragraph, E has, 
interlined, "during the time of this Gen 11 Court." It has, 
at the very bottom of the page, "Churchill" instead of "Bas- 
sett." 

P. 43 : end of first paragraph on page, E has the word "morning" 
after "tomorrow." 

P. 45 : 4th line of the 2nd paragraph, E has the words "as captives" 
added after the words "carryed away" ; middle of the 3rd 
paragraph, it has "quantitys of Lands are cleared" instead 
of "quantity of Lands are cleared" ; 3rd to the last line of 
that paragraph, it has the word "then" after "shal." 

P. 48: 4th line of the 2nd paragraph, E has the word "directed" in- 
stead of "declared" ; 12th line from the bottom, it has the 
word "first" inserted before the word "heard" ; 7th line 
from the bottom, it has the word "several" inserted before 
"Countys." 

P. 49 : the English copy does not have the words "pursuant to y e 
Act of Assembly" in the 3rd line of the 3rd paragraph. 
(The State Library copy has here the better reading.) 

P. 52: in the single paragraph for Nov. 14, 1705, the English copy 
has "Francis Mackennie" twice erroneously for "Francis 
Makemie." 



viii Preface 

P. 53 : last line on the page, E has the word "yearly" after October 
and the word "other" after "y e ." 

P. 54 : 2nd line of the third paragraph, E omits the words "for King 
and Queen County" after the word "Peace." 

P. 55 : the first paragraph reads as follows in E : "This day William 
Byrd Esq r her Maj tles Aud r came before his Excell cy & y e 
Council, and persuant to an Instruction which he said was 
sent to his father by y e hon ble W m Blathwayte Esq r Auditor 
Gen 11 of America made oath to y e Ace* of y e 2s per hhd 
Port Dutys & head money to y e 25th of Octob r Last Past." 

P. 56: E has in the fourth line of the first paragraph of the Novem- 
ber 24th meeting the words "Sharpness of y e Season" in- 
stead of "Shortness of y e Session." 

P. 56 & 57 : The clerk saw fit to recast the phraseology of the first 
paragraph of the proceedings for Nov. 26, 1705, and to 
bring it in as the second paragraph of the copy sent to Eng- 
land. It reads as follows : 

"His Excly having recommended to y e Council to Consider what 
may be most for her Maj tles service in Relation to y e Dispersing of 
y e Arms & Ammunition sent in by her Maj ty or Continuing y e same 
in y e Store house at James City where They now ly — The Council do 
Thereupon humbly Represent to his Excly That y e Store house at 
James City is very Improper & unsafe for Keeping y e s d arms and 
ammunition, it Lying upon a Navigable River without any fortification 
or Guard to Defend it, So That y e said Stores of War are Lyable to 
be surprised by any Pirate or Privateers That shall obtain Intelligence 
of y e Condition They Ly in and in Case any Insurrection of y e serv ts 
or Slaves should happen in this Country, it may be Easy for Them 
to Seize y e S d Arms & Ammunition & make use Thereof ag* y e Coun- 
try. And Therefore y e Council are of opinion y l it will be very Ef- 
fectual for y e preservation of y e s d arms from surprize & be serviceable 
to y e Country That y e Same be Dispersed Through y e sev" Countys in 
proportion to y e number of y e Inhabitants & y c wants of y e s d Countys. 

That y e Comander in Chief of y e Militia of y e Sev 11 countys & y" 
Chief officer of y e Militia in Each County where y e Com dr in Chief doth 
not Reside himself be Entrusted w th y e Care of y e s d Arms & Directed 
to Distribute y e same to such of y e Inferiour officers under his Comand 
as he will be Answerable for which officers Respectively are to keep 
y e Same in good Order & fit for service & not to permitt any of Them 
to be made use of, but only upon an alarm. But in Case any Person be 
Desirous to purchase any of y e s d Arms at y e Rate Allready Set Thereon 
The s d officers Respectively are to sel y e same & be accountable for y e 
price Thereof to y° Comd r in Chief Who is from Time to Time to pay 
The Same to her Maj tcs Auditor & to give an Ace 1 of y e Condition of y* 
s d arms & of y e number sold to his Excly. 

That a Proportionable Quantity of Shott be Sent to Every County 
to be Lodged in y e Custody of y e Chief officer of y e Militia Resident in 



Preface ix 

Each County or such other Inferiour officer as he shall Think proper 
& not to be made use of but for y e service of y e Militia ag* an Enemy. 

That the Powder be Distributed to y e sev 11 Countys in Manner fol- 
lowing viz. 

To y e Countys of Stafford, Richmond, Essex, Henrico, Prince 
George & Surry being The frontier Countys Tow ds y e Land Each four 
Barrells. 

To y e Countys of Princess Anne, Elizabeth City, Northampton 
and Accomack being y e frontier Countys Tw ds y e Sea Each four Bar- 
rells Including what hath been already sent. 

To y e Countys of King & Queen, King W m , New Kent, Charles 
City, Isle of Wight, Nansemond, Norfolk, Middlesex, Lancaster, West- 
morland, Northumberland Each two Barrells. 

That y e Chief Officers of y e militia in each County to whom y e 
S d Powder is Entrusted be Impowered and Directed to Sel one half 
Thereof at y e Rate of 2 s per pound, w eh it's hoped it may yeild at y e 
Time While Powder is so Scarce in y e Country, & to be accountable to 
y e Auditor of y e price Thereof in order to suply the Country with new 
powder in y e Room Thereof, Which officers Respectively are to Take 
Care That none of y e powder be Sold to any but such as are Listed in 
the militia and not Exceeding Six Pounds to any one Person. 

That y e Remaining part of y e Powder (after y e aforesaid Distribu- 
tion is made) be Removed from James City & Lodged at Williams- 
burgh as more safe from Surprize by water & most Convenient for 
Supplying y e adjacent Countys." 

P. 60: Supply at bottom of the page the following two paragraphs 
from E : 

"Ordered that a Gen 11 Dedimus potestatem be Issued to every 
County in this Colony for Swearing all officers Civil & military as hath 
been usual heretofore. 

Ordered That y e Sev 11 County Courts within This Colony Trans- 
mit to y e Secret 5 " 3 office a List of y e present Coroners in Their Respec- 
tive Countys together with the names of Such as They Think most fitt 
to Supply y e Vacancys if any be to y e End Com" may be Directed Ac- 
cordingly." 

P. 61 : 1. 10, E has "parcelled" instead of "parolled." 

P. 62 : E has the name "Freck" instead of "Frook" ; also "Marot" in- 
stead of "Marol." 

P. 64: 1st paragraph of proceedings for Nov. 29, 1705, line 9, E fills 
the blank space with word "ordinance"; 1. 13 of the second 
paragraph, E has "13th" instead of "15th"; 3rd line from 
bottom of page, E has "Dr. Luke Haveild" instead of "Dr. 
Luke Harrild." 

P. 66: 2nd line of the 3rd paragraph, E has "three thousand acres" 
instead of "2200 acres." The proceedings for the 30th of 
November, 1705, close in the Virginia book with "His 



x Preface 

Excellency adjourn'd the Council." After this in E comes 
"Examined per Wil Robertson CI Con." This was a cer- 
tification of all the transcripts of proceedings from Oct. 15 
through Nov. 30, 1705, sent to England at one time. 
P. 69 : In E John Lightfoot is not mentioned among the members of 
the Council present at meeting Jan. 23, 1705/6. 

The paragraphs of the proceedings of this meeting are differently 
arranged in the English and the Virginia copy. This seems to show 
that the English copy was not taken from the Virginia book but from 
the clerk's loose sheet entries, which probably had not yet been copied 
into the book. 

P. 72 : 1. 2 of the 2nd paragraph of the proceedings for Feb. 27, E 
has "John Holt" for "Joseph Holt" but has "Joseph" two 
lines below. (The "John" was an error that escaped the 
clerk's eye.) 

P. 73: in E "s" is omitted — correctly — from the word "Holts" in the 
6th line from the end of the first paragraph, and there is 
no blank space in the third line from the end ; in the last 
line on the page "upon" is substituted for "unto." 

P. 74: 1. 1 of first complete paragraph, the word "upon" is inserted 
in E between the words "that" and "proof"- — an evident 
error on the part of the clerk ; 1. 8 of the 3rd paragraph, 
"or" takes the place of "of" between "Rights" and "Com- 
positions" ; 4th paragraph, 2nd line, "officers" is replaced 
by "offices" — a better reading. 

P. 76: paragraph beginning "Whereas William Robertson," the word 
"represented" is inserted in E at the end of the first line ; 
the date of the proceedings beginning at the bottom of the 
page is given as the 15th instead of the 13th. 

P. 77 : in E the word "That" is omitted at the beginning of the para- 
graph beginning "That the Book of Entrys" — correctly — 
and in the second line the word "said" substituted for "2 a " 
— incorrectly ; in the same line and in the next line the name 
"McKinnie" is spelled "McKenny" ; in the first line of the 
last paragraph on the page the plural "Evidences" is used 
instead of the singular. 

P. 78: 1. 6, E has "Briggs" instead of "Griggs" — correctly; 2nd line 
of the first paragraph beginning "Mr. Attorney Gen 11 ," 
the words "on the petition" are inserted after "opinion," 
and in the 3rd line the words "Virg" April 15th 1706" in- 
serted at the beginning of the attorney-general's opinion ; 
6th line of the paragraph, "have made" substituted for 
"make"; 1. 13, "prosecuted" appears in place of "presented"; 
at the close of the opinion of the attorney-general the signa- 
ture "S Thomson A. G." appears; the last line of the page, 
the word "of" appears between "Widow"' and "Richard 
Reddihoe." 



Preface xi 

P. 79 : 1. 2, E has "Reynolds" instead of "Reynoles" ; 1. 4, "his knowl- 
edge" instead of "their knowledge" ; 1. 12, it has "Rich d 
Reddihoe's widow" instead of "Rich d Reddihoe" ; 1. 15, it 
has "McKenny" for "McKinie" ; lines 17 & 19, it has "Nos- 
worthy" instead of "Norsworthy." 

P. 80: 9th line, E spells "Assamoasock" "Assamousack" ; 1. 15, it in- 
serts "Nathan 11 " before "Harrison." 

P. 85 : in both line 7 and line 14 E has "Terraro" ; 9th line from bot- 
tom, it has correct placing of the marks of parenthesis — 
before and after "as he conceives." 

P. 86: 1. 13, E inserts following words between "to her Majesty" and 
"and y e said proprietors": "for her Maj ts Directions w ch 
of the said Branches shall be called the Boundary between 
her Majesty." 

P. 87: 12th line from bottom, E has "price" instead of "prize"; the 
last two lines on page would read if printed from E : "that 
it is usual Here when a Merchant receives any considerable 
Sum in bills of Exch a from different persons as in such 
sales it often happens he." 

P. 89 : E has word "fit" after "think" in 8th line, and the words "the 
better" omitted; it has, 1. 11, the words "of Potomack river" 
after "Coll° Rich d Lee naval officer" ; 9th line from bottom 
of page, it has "Leeward" for "Seaward" — erroneously. 

P. 91 : second line from bottom, E has "Thornton," not "Thomson." 

P. 92: 19th line, E spells "Northfolk" "Norfolk" and "Matt Spevie" 
"Matt Spivy"; 1. 25, it has "Tayloe" instead of "Taylor"; 
1. 27, it has "Hanie" instead of "Hainie" ; 1. 36, it has "the" 
instead of "this" before "Seating." 

P. 93: 1st line, 1st paragraph of proceedings for May 14, 1706, E 
has "Skinner" for "Shinner"; 1. 17, "tho" for "that"; 4th 
line from bottom of page, "Grand Tyre" for "Grand Tyrs." 

P. 94: 7th line, E has "two hours" instead of "four hours"; 2nd line 
from bottom of page, "designe" instead of "desire." 

P. 95 : 1. 8, E has "she laying in the Channell" instead of "the laying 
in the Cannell"; 1. 14, "Solomon Sumerskill" instead of 
Solomon Summers"; 1. 31, "y l [that] we may with the 
greatest facility" instead of "if we may with the greatest 
facility." 

P. 96: 1. 6, E has "Scasbrook" for "Seabrook"; 1. 7, "Humphreys" 
for "Humphrey"; 1. 8, "Olierd" for "Olver"; 1. 9, "Ran- 
sone" for "Ransome." 

P. 97: 1. 1, "Guuldman" for "Guildman"; 1. 2, "Dobbins" for "Dob- 
bin." 

P. 98: 13th line from bottom, "consented" instead of "contented"; 
12th line from bottom, words "be judged convenient" omit- 
ted — erroneously; 8th line from bottom, after the words 
"laid out" E inserts the words "by direction of Mr. W m 
Cock & Mr. Thomas Blunt." 



xii Preface 

P. 102: "Thompson" is spelled "Thomson" in E the three times it 
occurs in the first paragraph [Thomson is the almost in- 
variable spelling throughout the English manuscript] ; 5th 
line from bottom of page, E has "W m Moyon" for "W m 
Motson." 

P. 104: 1st paragraph of proceedings for June 17, "Ranson" spelled 
"Ransone" in E twice. 

P. 105 : 9th line, "prepared opinion" should be inserted, according to 
E, in the place reported "illegible" in the Virginia manu- 
script. 

P. 106: 1. 5, E substitutes "wittingly" for "willingly"; 1. 14, it inserts 
"of his dues" after "a true account" ; 1. 33, it substitutes 
"In" for "For" at beginning of sentence commencing in 
middle of line ; 1. 44, it has "Cause" for "Clause." 

P. 108: 1. 4, E has "15 pence" instead of "15 s "; 1. 10, beginning "As 
to this the Burgesses" through 1. 18, omitted in E. 

P. Ill: 1. 36, E inserts "agreable to the intent of her Maj ts Instruc- 
tions" after the words "to settle a port there." 

P. 112: 1. 15, E has after the expression "This Board in consideration 
thereof and" the following: "out of the regard they have 
to and upon the recommendation of the Lords Commiss" 
for trade the motion," which is unclear. The blank space 
might be filled up with the words "and upon the," which 
would clear up matters. 

P. 113: 7th line from bottom, E has "the 16 instant" instead of "the 
sixth instant" ; 4th line from bottom, it has "insisting" in- 
stead of "insisted." 

P. 114: 1. 9, E has "custom house officer" instead of "custom house 
officers"; 1. 10, "satisfy" should be "testify"; 1. 35, after the 
word "board" it inserts "every Ship or Vessell before the 
s d 22 d of June." 

P. 116: 1. 25, "This Capacity" should be, according to E, "his Capa- 
city" ; 1. 34, "2 d per hogshead" should be "2 shillings per 
hogshead"; 1. 35, "W m Boatevell" should be "W m Boat- 
well" ; 1. 36, the word "both" after "July" should be "last" ; 
1. 37, what appears like the figure 31 is really 31bs, writ- 
ten "three pounds" in the English manuscript; 1. 45, "Ru- 
hard" should be "Richard." 

P. 117: 1. 1, end word in line, E has "new" instead of "then"; 1. 37, 
it inserts "reasons of those" before the word "memorials" 
and has "strangest" instead of "strongest." 

P. 118: 1. 15, E omits "to the Lords Com" for Trade" — evidently by 
mistake ; 1. 20, it inserts "so we assure your Excellency" be- 
fore the last word in line. 

P. 119: E contains an extra paragraph not in the Virginia book, as 
follows : 

"Whereas the R' Hono 1 " the Lords Comiss" for trade have been 
pleased to take notice that the planting of Cotton & flax in this Colony 



Preface xiii 

is very prejudiciall to her Maj ts Interest and to direct that no En- 
couragem' be given thereto either by Act of Assembly or any Act of y e 
Councill The Councill do thereupon humbly observe that the planting 
of Cotton & flax here is occasioned rather by necessity than Choice the 
Low price of Tobacco neither affording encouragem* 3 to the Merch" to 
bring in nor means to the planters to purchase necessary Clothing for 
their familys And that there is no Encouragement given to the produc- 
tion of that Comodity by any act in this Country and the Councill do 
further humbly assure their Lordships that they will always make it 
their endeavour that nothing prejudiciall to her Maj t9 Service shall re- 
ceive any Encouragem' from any Act of theirs." 

P. 120: 1. 38, "proclamation is" should be "proclamations," according 
to E. 

P. 121 : 1. 23, "Cap 1 Ferrill" is written "Cap 4 Ferret" in E ; 4th line 
from bottom, instead of "16"" E has 16 p ds ." 

P. 123 : 1. 25, E inserts "made" between "been" and "out" ; 1. 27, "only 
three are" should be "only there are," according to E ; 1. 30, 
E inserts "and of Middlesex for 1702" between "1702" and 
"for" ; 1. 45, it inserts "no" in front of "otherwise." 

P. 124 : 1. 6, "receipt" should be "receipts," according to E. 

P. 125: 1. 15, E inserts the word "principal" before "Commissioners"; 
lines 16 and 17 should read, according to E, as follows : "to 
the Resolutions of his late Excellency and y e Council the 
7 th day of May last was not signed by the Council" ; 1. 23, 
"18s be paid to the said Coll° Nicholsons" should be "thirteen 
shillings be paid to the said Coll° Nicholson" ; in the 3rd 
line of the proceedings for August 30 "Mrs. Lughton" 
should be "Mrs. Leighton" ; two short paragraphs should 
be added to the proceedings for this day, as follows : 

"Ordered that y e Rec r General send to England for such paper & 
other necessarys for y e Council office as the Clerk of y e Council shal 
give him an Acco' of as wanting in y e s d office. 

Edward Hill Esq r Collector of y e Upper District of James River 
came before the Council and made Oath to his Acco 1 of the penny per 
pound arising in y e said District." 

P. 126: at end of line 5, E inserts the following: "Security to y e 
Council that the Governors Excrex in England will be 
satisfyed with this Expedient, and the Chief Cred" offering 
to give"; 1. 37, "Mrs Lughton" should be "Mrs. Leighton." 

P. 127: 1. 11, E inserts after the word "acco ts " "Viz from April to 
Oct. 1705"; 1. 24, "14 s " should be "I s ," according to E; 1. 
26, "12 u " should be "£121"; 1. 28, "same time" should 
be "25th" ; 1. 39, "paid by him & per" should be "paid by 
him as per"; 1. 39, "40 u :6 s :10y 2 " should be "40 11 : 6 8 :10 
three farthings"; lines 43-45 should read: "To the Attor- 
ney Gen 11 out of the quitrents for a year & 4 days Sallary 



XIV 



Preface 



ending y e 25 th of April 1705 sixty seven pounds 16s lO^ 4 "; 
1. 47, "4 d y 4 " should be "l d #." 

P. 129: 1. 35, "Govt" should be "Gout"; 1. 38, '7 th of September" 
should be "17 th of September." 

P. 130: 1. 4, "Capable" should be "Cable"; 1. 8, "disperse them" 
should be "dispose of them." 

P. 131 : 1. 8, E has "Gregory" instead of "Gregg"; 1. 26, E has "Ham- 
lin" instead of "Hamlon," and inserts "Henry Clements"; 
another English copy (duplicates were sometimes sent over, 
especially in time of war) has "Francis Clements"; 4th line 
from the bottom of the page "relations" should be "Resolu- 
tions." 

P. 132: 1. 8, E inserts "Thomas" before "Godwin" ; in the list of mem- 
bers present Oct. 22, 1706, as sent to England, the names 
of Philip Ludwell and William Bassett are omitted; 1. 20, 
"Lawriere" should be "Larriere," according to E; 5th line 
from bottom of the page, "will" (first word in line) should 
be "shall make." 

P. 133: 1. 10, "removing" should be "running," according to E. 

P. 134: 1. 14, "confirm" should be "confine," and after the words "any 
of them" these words should be inserted : "the Sherif of 
those Countys where the said prisoners shall be dispersed." 

P. 135: 1. 31, "appointment" should be "appointments." 

P. 136: 1. 10, "said person" should be "said Perrin"; 1. 11, "the 2 a 
day" should be "the fifth day" ; 1. 14, "Deputies" should be 
"Disputes" ; 1. 19, "accordingly" should be "exceedingly" ; 
1. 39, E inserts "not" between "are" and "to expect." 

P. 137: The consignment of transcripts of the Journal of the Council 
ending with the proceedings for October 28, 1706, sent over 
to England had the unusual certification "Vera Copia Will 
Robertson." In line 16 the "30th of May" should be "31st 
of May." 

P. 138: 1. 13, E has "David" inserted between "John" and "Charles"; 
1. 29, E has "Coroner" instead of "Sherif." 

P. 139: 1. 1, E has "an Order" instead of "an ordered"; 1. 21, it has 
"Board" inserted after "this" ; 1. 38, it has "House of the" 
inserted before "said Plumpton" ; 1. 45, it has "appropriated" 
instead of "approprietated." 

P. 140: 1. 3, E has "he excluded" instead of "be excluded"; 1. 7, E 
has "Transferring" instead of "conferring"; 1. 22, it has 
"out of" instead of "as of" ; 1. 42, E has "2 d " instead of 
"4""'; 1. 44, it has "Melius" for the word in the text des- 
ignated illegible; 1. 47, it has "of" inserted between "am" 
and "opinion." 

P. 141 : 1. 7, E has "and was in force" instead of "an was in force" ; 
1. 13, it has "Fello de se" instead of "filodese," and this is 
the case also in line 25 ; 1. 19, it has "Coroner" instead of 



Preface xv 

"Sheriff" ; 1. 33, it has "a perquisite" instead of "apper- 
quisite." 

P. 142 : 1. 25, E has "intended to seize a vessell" instead of "intends to 
Seize"; 1. 45, it has "the Upper District" instead of "the 
Districts." 

P. 144 : 1. 23, E has "Havelied" instead of "Handled." 

P. 145 : 1. 37, E has "Henrico County" instead of "Henry County" ; 
1. 39, it has "returned by them" instead of "ret d by him"; 
1. 43, it has "platts" instead of "plotts" ; 1. 46, it has "Com- 
pleted" instead of "Computed," but "Computed" seems to 
be the better reading. 

P. 147 : 1. 12, E has "Chadwick" instead of "Chadwich" ; 1. 42, it has 
"their sev 11 Debts" instead of "the sev 11 Debts." 

P. 148: 1. 18, E has "with him" instead of "with them"; 1. 30, it has 
"Stephens Thomson" instead of "Stephen Thompson," and 
the same is true in line 42; 1. 43, it has "30 u " instead of 
"31 11 ." 

P. 149: at the close of the proceedings for April 30, 1707, E has the 
following added paragraph : "The Minutes of Council to 
this day were now read over & approved in Council." In- 
stead of "the Lynne" in the last line on the page E has 
"Lyme." 

P. 152: 1. 23, E has "any" instead of "away"; 1. 35, E has "but" in- 
serted after "Ships." At the end of the first paragraph of 
the proceedings for the 2nd of September, 1707, E has the 
following additional paragraph : 

"Ordered that the Gen 11 Assembly be prorogued to the tenth day 
of November next & that a proclamation be prepared accordingly." 

P. 153: 1. 9, E has "acquaint" instead of "app 1 "; 1. 11, it has "ac- 
cording" instead of "assured"; 1. 26, it has "and" after 
"Collector" ; 1. 32, it has "per pound on Tob°" instead of 
"per pound of TobV 

P. 154: 1. 17, E has "last year" instead of "last years"; 1. 18, E has 
"would be sent" instead of "would have been sent" ; 1. 28, 
E has "at Sea" instead of "at the Season" ; lines 36-48, it 
reads as follows : "and further taking into Consideration 
that the detaining the Ships any longer will be the ruin of 
their Voyages and a loss to her Majesty that Severall Mas- 
ters of Ships have already Chosen rather to forfeit there 
Embargo Bonds by runing away than undergoe the hard- 
ships of a Longer Stay in the Country That it is not pos- 
sible for the Government here (having no Naval Force or 
Guardship) to prevent the rest from following their Ex- 
ample they having already declared their intention so to do 
if Leave be not given them And that the Experience of 
former Fleets is a Convincing proof that Winter Convoys 
are of Little Service for the defence or Security of Trade 



xvi Preface 

therefore her Maj ty ' s Council humbly Confiding that her 
Maj ty will be graciously pleased to dispense with the Strict 
observation of her Maj tys Royal instruction. Concerning 
Embargoes in this Extraordinary Case are of opinion and 
accordingly." 

P. 155: 1. 29, E has "having" instead of "had." 

P. 156: 1. 33, E has "I5 d per tunn" instead of "15 per tunn"; 1. 34, it 
has "the said petition" instead of "their opinion" ; 1. 42, it 
has "an appeal" instead of "on appeal." 

P. 157: 1. 41, E has "Naval officer" instead of "Naval officers." 

P. 158: 1. 7, E has "and" after "Salary"; 1. 35, it omits "one of" be- 
fore "the Examination." 

P. 160: 1. 18, E omits "William Buckner" ; 1. 35, it has "19th" in- 
stead of "29 th ." 

P. 161 : 1. 43, E has "Mosson" instead of "Mosser" ; 1. 45, it has "W m 
Addison" inserted after "Whitehaven." 

P. 163: E has as the third entry for October 31, 1707, the following: 
"The account of her Maj tys Revenue of 2 s per hogshead 
port Dutys and head money from the 25 th of April last 
past to the 25 th instant was this day presented by her Maj tys 
Auditor and Receiver Gen 11 and after Examination thereof 
in Council (W m Byrd Esq r Receiver Gen 11 having made oath 
thereto) the same was Certifyed by M r President in the 
usual form." 

P. 165 : 1. 34, E inserts after "that" "they may send some of the Great 
men of their Respective Towns to be present at the Tryal 
of those offenders on the 8 th of January next at the Capitol 
and further that." 

P. 167 : 5th line from bottom, E has "Bathurst" instead of "Bathard." 

P. 168: 1. 17, E has "Thomas Roberts" before "Thomas Nutting"; 1. 
27, it has "Tuesday" instead of "Monday." 

P. 169: 1. 31, E has "she" instead of "he." 

P. 171: 1. 14, E has "sett ashore" instead of "fall ashore"; 5th line 
from bottom, it has "18" instead of "19 th ." 

P. 172: 1. 21, E has "at the expiration of the time" instead of "at the 
time." 

P. 173: 1. 31, E has "three" instead of "those." 

P. 174: 1. 12, E has "Sotto Jack" instead of "Lotto Jack," and "Jamie" 
instead of "Jamice." 

P. 177: 1. 35, E has after the word "fines" the following: "imposed 
by the said Courts and other forfeitures to her Maj ty * use 
for the preceeding year & that Such Clerks as have hitherto 
neglected to make such Returns do in October Gen" Court 
next Transmitt a True account of all fines." 

P. 178: 1. 7, E has "last" instead of "best." 

P. 179: 1. 7, E has after "River" the following: "in order to her Return 
for England and praying that they may have that benefite 
which was intended by her Majestys said Letter"; 1. 11, 



Preface xvii 

it has after "said Ship" "should take some benefite by the 
said Letter which hath not yet had it's Effect therefore they 
humbly conceive the said Ship." 

P. 180: 1. 8, E omits "Henry Applewhite." 

P. 182: 1. 5, E has "Lieut" instead of "late"; 1. 6, E has "might or 
ought" instead of "should or might"; lines 21 and 22, omit- 
ted in E; 1. 29, it has after "Indians" the following: "There- 
fore for depriving them of the means of doing mischief in 
case by their refusal to deliver up the persons Suspected 
as afores d a War should ensue." 

P. 183: 1. 30, E has "15 th November" instead of "13 November." As 
introductory to the last paragraph on the page, E has the 
following: "Whereas the Right Hon bIe the Lords Comm" 
for trade have been pleased to require an account of the 
number of Inhabitants in this her Majesty's Colony & 
Dominion, for the better obtaining y e s d acco 4 It is." 

P. 185: 1. 8, E has "25 th " instead of "22 a "; 1. 25, it has "Murderers 
of" instead of "Murderer or." E has the following addi- 
tional entry to be inserted before the last paragraph given 
on this page : 

"Ordered that the Interpreters to the Tributary Indians forthwith 
repair to the respective towns of the said Indians & charge them that 
they do not trade or hold any Correspondence with the Tuscoruro In- 
dians nor furnish them with powder or shott neither harbour nor en- 
tertain any of that Nation at their Towns as they will answer the con- 
trary at their perill." 9th line from bottom of page, E has "their" 
instead of "the." 

P. 186: 1. 23, E has "each particular Electors list" instead of "such 
particular Election" ; 10th line from bottom, it has "Davis" 
instead of "Dennis" ; 8th line from bottom, E has "Lay- 
stoff" instead of "Laystaff." 

P. 187: 1. 16, E has "received" instead of "read"; 1. 17, E has "re- 
pealing" instead of "repeating." 

P. 189 : 1. 5, E has "feigning" instead of "signing" ; 9th line from 
bottom, it has "pursers" instead of "persons" ; 7th line from 
bottom, it has "Wilson" instead of "Wilcox." 

P. 190: 1. 3, E has "New" in front of "Pensilvania Company"; 1. 5, 
it has "Brigantine" instead of "Burlington" ; 1. 14, it has 
"matter" instead of "maker." 

P. 192: 1. 11, E has "Country Gaol" instead of "County Gaol." 

P. 193 : 1. 33, E inserts "exported (except a little to the Planta" 3 )" after 
"Tobacco is" ; 7th line from bottom, E has "Fiall" for word 
omitted. 

P. 194: 1. 4, E has "or" instead of "and" between "increased" and 
"decayed." 

P. 195 : 1. 24, E has "new" instead of "more." 



xviii Preface 

P. 197: 1. 12, E has "Robert Hix" instead of "Robert His"; 1. 15, E 
has "Haward" instead of "Howard." 

P. 199: 1. 20, E has "one" instead of "on"; 10th line from bottom, it 
has "Bengar" instead of "Bengare." 

P. 202: 1. 1, E has after the words "money advanced towards" the 
following: "the s d building by M r Benj a Harrison on the 
Credit of the Negros bought for"; 1. 11, it has "Haward" 
instead of "Howard" ; 1. 15, it has "Country goal" instead of 
"County goal." 

P. 203 : 1. 9, E has "David Crawley" instead of simply "Crawley" ; 1. 
12, it has "Doctor" instead of "Dorctor" ; 1. 18, it has "& 
diet" inserted after "bedding." 

P. 204: 1. 2, E has "1708" instead of "1709." 

P. 205 : 1. 8, E has "the Council" after "acquainted." 

P. 206: 1. 3, E has "put" instead of "but"; 1. 17, it has "Musters" in- 
stead of "Masters" ; 1. 18, it has "under" instead of "and 
in" ; 1. 19, it has "provide themselves" instead of "be pro- 
vided." 

P. 207: 1. 22, E has "by delivering" instead of "for delivering"; 3rd 
line from bottom and also last line, E has "Haward" instead 
of "Howard." 

P. 208: 1. 32, E has added, "On Chews point at the mouth of York 
river two men" ; 5th line from bottom, it omits "other" 
after "each" ; last line, it has the following inserted between 
"Militia" and "shall" : "in those parts & entrusted to such 
persons as y e s d officers." 

P. 209 : 1. 8, E has, inserted between "Rosegill" and "and," the follow- 
ing: "On Windmill point and on Dammerons point One 
Gun each to be taken from M r Wormeleys plantation at 
Rosegill"; 1. 21, E has "Inland" instead of "inclined"; 1. 
32, it has "said Commanding officers" instead of "such 
Commanding officers." 

P. 210: 1. 32, E has "passage" instead of "passages"; 8th line from 
bottom, E has "Habitations" instead of "Inhabitants." 

P. 211 : 1. 19, E has "shall act" instead of "act." 

P. 212: 1. 11, E has "his" in front of "intercession" and "for" instead 
of "of" after "intercession." 

P. 213: lines 37 and 38, E has "one of the men of War" instead of 
"the man of War" ; 2nd to last line, E inserts after "Con- 
voy" "M r President is desired to write to Captain Fane an 
accompt of what ships are now in the Country to go under 
his Convoy." 

P. 214: 9th line from bottom, E omits "they" between "trade" and 
"Carryed." 

P. 215: 1. 14, E has "three men out of Warwick County" instead of 
"five men out of Warwick County." 

P. 216: 1. 3, E has "Hillary Stringer" instead of "Henry Stringer"; 
3rd line from bottom, it has "M r President in Council" in- 



Preface xix 

stead of "the President & Council," and inserts as the next 
line : "Out of the Quitrents" ; last line, E has "twenty- 
five days salary" instead of "twenty days salary." 

P. 218: 1. 23, E has "per" in front of "month"; 1. 31, it has "show" 
instead of "then" ; 1. 32, it has "they" instead of "then." 

P. 219: 1. 21, E has "Letters" instead of "Letter." 

P. 220: 1. 1, E has "Rodrigo" instead of "Rodrige." 

P. 224: 1. 4, E omits "of" after "because" and substitutes "would" for 
"will" at end of line. 

P. 227: 1. 15, E has "Lookouts" for "Seeouts." 

P. 228 : 8th line from bottom, E has "on the Victoria" instead of "by 
the Victoria." 

P. 229: 1. 10, E inserts "small" before "Privateers." 

P. 231 : 1. 5, E has "To" instead of "So." 

P. 235 : 1. 20, E has "acts" instead of "act" ; 1. 27, it omits blank space 
in front of "Requireing." 

P. 236: 1. 19, E has "an" instead of "ten"; 1. 35, E has "Henry Harts" 
instead of "Henry Hartwells" ; 1. 36, it has "W m Nevils" 
instead of "W m Newits." 

P. 237: 1. 31, E has "hold" instead of "holds." 

P. 238 : 1. 33, E has "State" instead of "Trade" ; 1. 35, it has "when" 
instead of "where" ; 1. 39, E has "Letter" instead of "Let- 
ters." 

P. 239 : 1. 6, E omits "not" in front of "proceed" ; 1. 18, it has "small" 
instead of "severall." 

P. 240: 1. 8, E has "nation of "Einocs" instead of "Einoes"; 1. 13, E 
omits "That" after "Tributarys" ; 1. 30, it has "President in 
Council" instead of "President & Council." 

P. 241 : 1. 6, E inserts the following after "year" : "and for the charges 
of the sloop Diamond fitted out for y e defence of the Coun- 
try One hundred & nineteen pounds four Shill s & one 
penny three farthings." 

P. 242: 1. 7, E has "attendants" instead of "attendance"; 10th line 
from bottom, it has "M r Swan" instead of "M r Swain." 

P. 244: 1. 2, E has "William Timson" instead of "William Simson"; 
in list of names of those attending the session of April 27, 
1710, E has "James Blair"; 1. 24, it adds "William Wood- 
ford" and has "Micou" instead of "Mecon"; 1. 36, it has 
"Partners" instead of "Partner." 

P. 246 : 3rd line from bottom, E has "his" between "in" and "hands" ; 
last line, it has "in" in front of "order." 

P. 247: 13th line from bottom, E has "tho" in front of "lately" instead 
of "the." 

P. 249 : the third paragraph on that page is omitted in E ; 1. 29, E has 
"distinct" instead of "District"; 10th line from bottom, E 
has "Ports" instead of "Posts." 

P. 250: at end of proceedings for July 5, 1710, E inserts the following: 



xx Preface 

"The hon ble the Lieutenant Governor desireing the opinion and 
advice of the Council whether it be not necessary for her Majestys 
Service and the good of the Country that an Assembly be called and 
what time may be most proper for their meeting It is thereupon re- 
solved that it is necessary an Assembly be called to meet at Williams- 
burgh the 25 th of October next that being judged the most proper and 
convenient time for their sitting. 

July the 6 th 1710 

Present 

The Hon bIe Alexander Spotswood Esq r his 

Maj tles Lieutenant Governor 

Edmund Jennings James Blair Commissary 

Dudley Digges John Lewis 

Robert Carter Esq" William Churchill & 

William Byrd Esq" 

The Writts for Election of Burgesses to serve in the ensueing As- 
sembly were this day signed by the Governor in Council. 

Whereas by the arrival of the late Convoy and the intentions of the 
Commodore that her Majestys Ship under his command shall cruise 
about the Capes and in Linhaven bay This Country will be protected 
from the Invasion and Insults of the Enemys Privateers and there will 
be no occasion for alarming the Country upon Sight of any Ships come- 
ing into the Capes while her Majestys said Ships are cruiseing It is 
therefore ordered that the fireing of the Alarm Guns be discharged and 
discontinued untill further order be given therein. 

Whereas Captain Robinson Commodore of the Fleet lately arrived 
is by his orders directed to stay here ninety days and no longer which 
time expires the 20 th day of September next It is ordered that the 
Collectors and Naval Officers of the respective Districts do forthwith 
give notice to the Masters of all Ships and Vessells that intend to take 
the benefite of the said Convoy that they prepare to joine the same at 
Kiquotan by the said 20 th day of September And the said Collectors 
and Naval Officers are directed to clear only such Ships and Vessells 
as they are satisfyed may be ready by that time to joine and proceed 
with the said Convoy. 

Whereas Captain Clifton Commander of her Majestys Ship the 
Kingsale at New York hath notifyed to the Governor his being ordored 
in Conjunction with her Maj tle3 Ship the Maidstone to touch at Vir- 
ginia and take under his Convoy the trade that shall be ready to pro- 
ceed with him from hence for Great Brittain by the 10"' of this month 
in pursuance of which advice the Governor hath given directions for 
clearing all Ships that can be ready by that time, and whereas there are 
diverse other Ships almost loaded which probably may induce the said 
Captain Clifton upon his arrival to stay some longer time for takeing 
the said Ships under his Convoy. It is the opinion of the Council that 
if the said Captain Clifton shall be prevailed with to stay beyond the 



Preface . xxl 

time he hath already fixed, the Governor give leave for clearing all such 
Ships as shall be ready to joine the said Convoy by the last day that 
he shall fix for their Departure. 

On reading at this Board a paragraph of a letter from the Right 
hon Me the Lords Commissioners for trade and plantations dated the 19th 
of January 1709/10 together with the Extracts of three Memorials re- 
lateing to illegal Trade carryed on between her Majestys British planta- 
tions in America and the Islands of Currasoa and S* Thomas's whereby 
it appears that there has been illegal tradeing from the lower District 
of James River in this said Colony to the said Islands : for the better 
detecting of the persons concerned therein It is Ordered that the Col- 
lector & Naval Officer of the said Lower District of James River forth- 
with transmitt to the Governors an exact List under their hands of all 
Vessells tradeing to any of the Plantations that have entered and 
Cleared in their District from October 1706 to October 1708 together 
with Copys of the particular Invoices of goods imported in the said 
Vessells and Copys of such Certificates as have been produced to the 
said Officers for the discharge of the Ladeings of the said Vessells in 
the Plantations. 

A Commission to Philip Ludwell Esq 1- and Nathaniel Harrison 
Gent to be Commissioners for settleing the boundarys between this 
Colony and Carolina being prepared according to the former resolu- 
tions of this Board was this day signed by the Governor in Council 
and for the better enableing the said Comm" to proceed in that affair 
It is the opinion of the Council that the Instructions formerly agreed 
upon the 27th of April last be the Instructions to the said Commission- 
ers, and the hon bIe the Lieutenant Governor is desired upon any Oc- 
casion or emergency not therein provided for, to give such other In- 
structions and Directions as he shall think necessary for the better and 
more speedy prosecution of the said Work. 

Whereas Her Majesty out of her Royal Favours to her Subjects 
of this Colony hath been pleased to give diverse Instructions for the 
better secureing the liberty of the Subject, and to direct that the same 
be published throughout this Colony. It is ordered that M r Attorney 
General prepare a proclamation for publishing her Majestys said In- 
structions, and that the same be entered in the Records of the General 
Court and County Courts of this her Majestys Colony. 

On the petition of Arthur Johnson A Prisoner in the publick Goal 
setting forth that in October 1707 Sentence was passed upon him in 
the Gen" Court according to Law for stealing a horse at which time 
he humbly moved for mercy and Transportation which was granted but 
hath continued in prison ever since and humbly praying her Majestys 
gracious pardon or that he may be transported The hon bIe the Lieutenant 
Governor was pleased to declare his intention of pardoning the peti- 
tioner, and It is accordingly ordered that M r Attorney General do pre- 
pare a pardon for the Governors Signing. 

On a Representation from the County of Richmond, Alexander 
Donaphan Nicholas Smith William Woodbridge and George Heale are 



xxii Preface 

appointed Coroners for the said County and ordered that Commissions 
be granted them accordingly. 

Ordered that a Commission of the peace be issued for Middlesex 
County and that M r Ralph Wormley be added to the Quorum." 

P. 251 : 1. 7, E has "tenth" instead of "ninth." 

P. 252: 1. 3, E has "stile" instead of "sale" and "issued" instead of 

"used" ; 1. 7, it has "Stile" instead of "Sale." 
P. 255 : 1. 23, E has "cases" instead of "case." 
P. 256: 16th line from bottom, E has "Commissioners" instead of 

"Commissions." 
P. 257: 1. 28, E has "Evidence" instead of "Evidences." 
P. 258: 1. 24, E has after "Weyanoak Creek" the following: "as it is 

proved by the Witnesses on the part of Virginia, and the 

line that will run in a due west course from thence to Morat- 

tuck river" ; 1. 32, E inserts "such" before "measures." 
P. 259: 13th line from the bottom, E has "1706" instead of "1708." 

The date 1708 is, however, correct. 
P. 260: 1. 21, E inserts after "Plantations" "by the Governor and 

Council" ; 3rd line from the bottom, it has "Petition" instead 

of "Petitions." 
P. 262: 9th and 10th lines from the bottom, E erroneously omits "be 

dead without heirs or other representative, his share and 

proportion of the said Land shall." 
P. 263 : bottom of page, E gives the members of the Council present 

at the December 8, 1710, session as follows : 

"Present 

The Hon ble the Lieutenant Governor 
Edmund Jenings Philip Ludwell 

Dudley Digges John Smith 

James Blair John Lewis & 

William Byrd Esq"" 

P. 264: E has an additional entry for December 8, 1710, as follows: 

"A proclamation declaring her Maj tles pleasure concerning the 
granting of Land read and approved and signed by the Governor in 
Council and Ordered to be sent to the several Countys." E also shows 
that the last paragraph given by the Virginia book as of December 8 
really belongs to a meeting taking place on December 9, the first entry 
of which is not in the Virginia book. The proceedings for this day 
are entered by E as follows: 

"December the 9 th 1710 

Present 

As Yesterday 

On the petition of John Symonds Leave is granted him to take up 
fifteen hundred acres of Land on Nottoway River It appearing to the 



Preface xxiii 

Governor & Council that he is capable of Cultivating the same accord- 
ing to her Majestys Instructions and the Receiver General is hereby 
impowered on his application to grant him Certificate of Rights for the 
same." 

P. 264: 13th line from bottom, E omits "his" before "escheated 

lands"; last line, it has "was read" instead of "were read." 

P. 265: 1. 6, E has "John Smith" instead of "John Lewis"; 1. 15, it 

has "promises" instead of "promising." 
P. 266: 1. 4 from bottom, E has a space inserted between "of" and 

"acres." 
P. 267: 1. 24, E has "form" instead of "forms." 
P. 268: 3rd line from bottom, E has "asked" instead of "asking." 
P. 269: 1. 18, E inserts "other" before "Owners"; 1. 31, it has "of" 
instead of "made by" ; 1. 35, it has "make use of" instead of 
"make up of" ; 4th line from, bottom, E has "indirect" in- 
stead of "indiscreet." 
P. 271 : 1. 13, E has "Ordered" instead of "Resolved." 
P. 272 : instead of the list as given in the Virginia book, E has a much 
longer list, as follows : 

"Norfolk James Wilson 

Princess Anne George Hancock 

Prince George Joshua Wynne 

Henrico Francis Epes 

Charles City James Joyeux 

New Kent Joseph Foster 

James City Edward Jacquelin 

York William Timson 

Warwick Humphry Harwood 

Elis a City John Moore 

Accomack Tully Robinson 

Northampton John Powell 

Gloucester Thomas Buckner 

King & Queen Samuel Matthews 

King William William Anderson 

Middlesex Oliver Segar 

Essex Richard Covington 

Richmond Edward Barrow 

Westmorland Daniel McCarty 

Stafford Joseph Summer 

Northumberland Maurice Jones 

Lancaster Thomas Pinhard 

Nansemond Joseph Merredith 

Isle of Wight Humphry Marshall 

Surry Ethelred Taylor" 

P. 273: 1. 15, E has "Officer" instead of "Office"; 1. 25, it has after 
"Shallops" "or" instead of "and"; lines 28-36 E sub- 



xxiv Preface __ 

stitutes the following : "the Method laid down therein will 
be very much for her Majestys Service, will more effectually 
prevent illegal Trade, and be performed with as little charge 
as the present Establishment, and with no inconveniency to 
Traders, since Williamsburgh is commodiously seated in 
the Center of both Rivers, and has navigable Creeks so near 
to it, which will render their attendance on the Collector 
equally convenient from either."; 13th line from the bot- 
tom, E has "Out of the 2 s per hogshead Port Dutys and 
Head money." 

P. 274: 1. 10, E has after "Contingent Charges" "One hundred and 
five pounds Sixteen shillings & Eleven pence" ; 9th line from 
bottom, E has "Ann" instead of "Elizabeth," and the same in 
the 4th line from the bottom. 

P. 279: 1. 6, E inserts after "Treasury" "not having the Conveniency 
of negotiating them to answer their Credit in England" ; 1. 
30, E inserts "he" in front of "soon discovered." 

P. 280: 1. 30, E has "Sixteen" instead of "Six." 

P. 281 : 1. 24, E has "Truchett" instead of "Trukitt," and a blank space 
before "stone"; 1. 38, it has "1674" instead of "1684"; 1. 
40-51 and 1. 1-12 of next page, E has the following: 
"which said Land by divers mean Conveyances, is come to 
the possession of him the said Mongo. That he and those 
under whom he claims has been in possession of and paid 
Quit rents for the said Land ever since the date of the 
patent; but upon examining the bounds described in the 
said patent the pet r has discovered that the Lines do not 
meet, which must have been occasioned either through the 
Omission of the Surveyor in returning the Survey or the 
Negligence of the Clerk in recording the patent ; That 
divers persons now intending to take up land joining upon 
the petitioners Tract he is apprehensive he may be thereby 
involved in Controversys and disputes concerning the bounds 
of his patent; And therefore praying he may have liberty 
to survey the said Patent so far as the bounds thereof are 
distinctly mentioned, and that where the same are uncer- 
tain, a line be run to include the said three thousand acres 
due to him by patent, and that he may thereupon have his 
patent renewed. This Board taking the said petition into 
consideration and conceiving the same to be reasonable do 
order that the Tract of Land mentioned in the petioner's 
patent be accordingly laid out and surveyed at his proper 
charge, and that the Surveyor cause a Line to be run where 
the same is wanting to include as near as may be the three 
thousand acres due to the petitioner by the aforesaid patent. 
And to the end no person may be prejudiced by the said 
Survey. It is Ordered that the Surveyor of the County of 
New Kent give publick notice at the Court house of the 



Preface xxv 

said County of the time of the s d Survey ten days at least 
before he proceed thereon, that the patentees of the Adjacent 
Lands, if any be, may attend and make their Objections 
against the same And it is further Ordered that the Sur- 
veyor return an exact Plott and Survey thereof to the 
Secretarys Office." 
P. 283 : 1. 29, E has "Line" instead of "Lines." 
P. 284: 1. 8, E has "Simons" instead of "Summons." 
P. 286: 9th line from bottom, E has "badges" instead of "badge." 
P. 290: 1. 13, E has "Stubble Stubbleson" probably, but handwriting 
not absolutely clear; 1. 30, E has "his use" instead of "this 
use." 
P. 292: E has "concerted" instead of "concerned"; 1. 31, E has "Prov- 
inces" instead of "Province." 
P. 296: 1. 11, E has "performing" instead of "forming"; 1. 22, it has 

"Occoquan" instead of "Accoquan." 
P. 297: 5th line from bottom, E has "time" after "same." 
P. 299: lines 16-18, E has "assembled for divine service fix up on the 
Door of the said Church a scandalous paper, reflecting upon 
the Communion of the Church of England and importing a 
Renunciation of his baptisme It is Ordered that M r At- 
torney Gen 11 do consider of the said paper and that he 
prosecute the said Ratcliff if he find the Offence punishable 
by Law." 
P. 300: 13th line from bottom, E has "Commanders" instead of 

"Commander." 
P. 301 : 6th line from bottom, E has "their" instead of "there." 
P. 302: 1. 19, E has "Serjeants" instead of "Serjeans"; last line, it has 

the date filled in "17th Sept r 1711." 
P. 303 : 1. 22, E has the blank spaces filled in giving the date "26 day 
of Oct r last" ; 8th line from bottom, it has "19th" instead of 
"sixteenth" ; last line, it has "Indians" instead of "Indian's." 
P. 304: 1. 25, E has "Grecian" instead of "Gresham" ; 1. 27, E has 
"Governor & Council" instead of "Governor in Council"; 
1. 29, E has "Thomas Wynne" instead of "James Wynne." 
P. 305: 1. 1, E has "William Farrow" instead of "William Farrar"; 
1. 8, E has "Andrew Woodlie" instead of "Andrew Wood- 
ley" ; 1. 31, E has "Thwayt" instead of "Thweat." 
P. 306: 1. 6, E omits "to" before "be known therein." 
P. 307: 1. 23, E has "17th" instead of "7 th "; 1. 31, E has blank spaces 

filled up with "17 th " and "Sept r 1711." 
P. 308: 1. 28, E omits "that" before "this Board." 
P. 309: 1. 25, E has "whither" instead of "whether." 
P. 311: 1. 17, E has "is pleased" instead of "was pleased"; 5th line 

from bottom, has "she" instead of "he." 
P. 313: 1. 19, E has "24 th " instead of "30 th ." 

P. 314: 1. 13, E inserts after "Majesty" "and on hearing the allega- 
tions of both partys" ; 10th line from bottom, E has "Gov- 
ernor and Council" instead of "Governor in Council." 



XXVI 



Preface 



P. 315: 1. 17, E has "Governor in Council" instead of "Governor and 
Council." 
1. 5, E has after "trade" "directly or indirectly." 
1. 35, E has "from Carolina" inserted after "papers" ; 1. 36, E 
has "declarations" instead of "declaration"; 1. 43, E has 
"then" instead of "than" ; next to last line, E has "North" 
before "Carolina." 
1. 19, E has "Sackville Brewer," instead of "Lackville Brewer"; 

14th line from bottom, E has "obtaining" after "in." 
1. 22, between "Williamsburg" and "and deliver" E inserts 
the following: "for that purpose And as a proof of this their 
good intention, They (the Great men here present) do 
promise that the Deputys of their Nation shall within 
fourty days bring with them to Williamsburgh." 
1. 19, E inserts between "for" and "any" "all bills drawn on." 
1. 4, E has "pretended" instead of "presented"; 1. 36, E has 
"Grant" instead of "Grand"; 4th line from bottom, E has 
before "Secretarys office" "Records of the." 
1. 24, E has "payment" instead of "payments." 
1. 10, E has "tho' " in place of "having been." 
10th line from bottom, E has "sent into South Carolina" in- 
stead of "sent from South Carolina," the latter reading 
clearly correct, however. 

11, E has "Tuckanox" instead of "Suckanox" ; 1. 23, E has 
after "Rangers" "That such further Instructions be given 
them as the Governor shall think necessary for carrying on 
this Service." 
P. 333 : 16th line from bottom, E has "probable" instead of "probably." 
P. 336: 14th line from bottom, E has "M" Christopher Robinson" 

instead of "M r Christopher Robinson." 
P. 337 : 1. 25, E has "Haward" instead of "Howard." 
P. 339: 1. 28, E has, instead of "ending the same time One hundred 

pounds," "ending as above fifty pounds." 
P. 340: 12th line from bottom, E has "Governor and Council" instead 
of "Governor in Council" ; 9th line from bottom, E has, 
after "Thacker," "for land in Middlesex County"; 6th line 
from bottom, E has "Governor and Council" instead of 
"Governor in Council" ; 5th line from bottom, E has "enter" 
instead of "entring." 
P. 341 : 1. 7, E has "fourty eight acres" instead of "fourty acres." 
P. 342: 1. 12, E has "competent" instead of "complete"; lines 24-31, 

this omitted from E. 

P. 343: 6th line from bottom, E has "intrusted" instead of "trusted." 

P. 344: 1. 18, E has "2585" instead of "2485"; 1. 25, E has "at the 

rate" instead of "as the rate" ; 7th line from bottom, E has 

"Governor and Council" instead of "Governor in Council." 

P. 347: 1. 3, E has "Governor and Council" instead of "Governor in 

Council." 



P. 316 
P. 318; 



P. 319: 
P. 320 



P. 323 

P. 325 



P. 329 
P. 330 
P. 331 



P. 332: 1 



Preface xxvii 

P. 348: 1. 15, E has "Piatt" instead of "Plott." 

P. 350: 1. 14, E has "Abjuration" instead of "Adjuration," and "taken 
the Oath" instead of "took the Oath." 

P. 351 : 1. 9, E has "North" before "Carolina." 

P. 354: 1. 10, E omits comma at end of line; 1. 11, E has "William 
Stanard" instead of "William Standard." 

P. 355: 1. 5, E has, after "Generall Court," "and be heard thereupon 
before a' Patent be passed to the petitioner" ; 1. 10, E has 
"John Shaw" instead of "John Snow"; 1. 15, E has "17th 
day" instead of the blank space; 1. 29, E has "Ayletts" 
instead of "Aylett" ; 1. 30, E has blank in front of "Keffel" ; 
11th line from bottom, instead of "as follows Viz" E has: 
"That if any person or persons (other than the Indians or 
their Posterity) shall from and after the publication of the 
s d Act presume to purchase or obtain any Deed or Con- 
veyance in fee, or any Lease for years from any of the 
Tributary Indians of any Lands or tenements, laid or ap- 
propriated ; or now actually possessed, or justly claimed and 
pretended to by the said Indians, or shall occupy or tend 
any of the said Lands by permission of the s a Indians or 
otherwise Every person or persons so offending, and being 
thereof lawfully convicted in any Court of Record within 
this Colony shall forfiet and pay the Sum of ten shillings 
Current money for every acre of Land so purchased Leased 
or occupied, and for every year during the continuance of 
the possession or Occupation of any Lands by virtue of 
such purchase or Lease, the person or persons so offending 
shall forfeit and pay the Sum of Ten Shillings Current 
money for every acre of Land so possessed or occupied as 
aforesaid" ; 2nd line from bottom, E has "the bounds" in- 
stead of "that bounds." 

P. 356: 1. 17, E has "complainants" instead of "complaints"; 1. 19, 
E has "see" instead of "be" ; 1. 35, E has "this order" in- 
stead of "his order" ; 1. 36, E omits "Court" before "days" ; 
bottom line, E has "her" instead of "his." 

P. 357 : 1. 19, E has "quinny" instead of "quinie" ; 1. 32, E has "Indian 
Settlement" instead of "Indian Settlements." 

P. 358: 1. 16, E has "there" instead of "their"; 1. 26, E has "32"" in- 
stead of simply "32" ; 1. 40, E has "ordered" instead of 
"ordained" ; 1. 44, E has "Talbot" instead of "Tilbot" ; 3rd 
line from bottom,. E has "ordered" instead of "ordained." 

P. 359: 1. 33, E has before "Patent" "by," and after "1702" "w th "; 1. 
37, E has "John Hamptons patent dated the 1st of April 
1702. Consent as above 50. George Johnson by his Fathers 
patent dated 1st April 1702. Consent as above 80"; 1. 45, 
E has the blank space filled with the word "Anthony." 

P. 360: 1. 3, E has "Pettiver" instead of "Pattiver"; 1. 5, E has "Bell" 
instead of "Dell"; 1. 19, E has "Waldrobe" instead of 
"Waldrobs." 



xxviii Preface 

P. 361 : 1. 6, E omits "it appearing"; 1. 31, between "duties" and "for" 
E inserts the following: "which were payable upon the 
Entry of his said Ship. The Governor with the advice of 
the Council is thereupon pleased to order as it is hereby 
Ordered that the Port dutys." 
P. 362 : lines 2 and 4, E has "Bermuda" instead of "Barmuda." 
P. 363 : 4th line from bottom, E has "Center" instead of "Centure." 
P. 364: 1. 17, E has "their approbation" instead of "the approbation." 
P. 365: 1. 13, E has "Governor in Council" instead of "Governor & 

Council." 
P. 366: 1. 11, E has "miha" instead of "incha" (Indian words) ; 1. 22, 
E has "was" instead of "were" ; 1. 38, E has "Poythres" in- 
stead of "Pothres." 
P. 367 : 5th line from bottom, E has between "Inclined" and "an" "to" ; 

4th line from bottom, E has "could" instead of "cannot." 
P. 368: 1. 2, E has "ease" instead of "care"; 10th line from bottom, 

E has "praying" instead of "prayed." 
P. 369: 1. 7, E has "Porteus" instead of "Poteus." 
P. 370: 1. 9, E has "Yarbrough" instead of "Yarebrough" ; 1. 10, E 
has "Higginson" instead of "Higgason" ; 1. 14, E. has 
"Rouviere" instead of "Rouvioze" ; 1. 15, E has "Cherme- 
son" instead of "Chermesond," and the same in 1. 21 ; 1. 21, 
E has "she paying" instead of "the paying" ; 7th line from 
bottom, E has "their arrival" instead of "the arrival." 
P. 371 : 1. 15, E has "Ridley" instead of "Redly"; 1. 22, E has "Tarent" 
instead of "Taret" ; 1. 35, E has "John Brodhurst" instead 
of "Ed Robins." 
P. 373: 1. 2, E has "Six Shillings" instead of "Six pence"; 14th line 
from bottom, E has "Meriam" instead of "Marian"; 12th 
line from bottom, E has "Thomas Benbridge" instead of 
"Matthew Nichola." 
P. 374: no proceedings for the 3rd of May, 1714, were transmitted to 
England — or, if transmitted, preserved ; line next to bot- 
tom, E has "has given too" instead of "[leads] to." 
P. 375 : 19th line from bottom, E has "Bignal" instead of "Bigner." 
P. 376: 20th line from bottom, E has between "On" and "the" "read- 
ing at this Board" ; 13th line from bottom, E has between 
"the" and "same" "patent for the"; 12th line from bottom, 
E omits "patents." 
P. 377: 1. 24, E has "Cockram" instead of "Cochram" ; 12th line from 
bottom, E has "Meriam" instead of "Mariam," and the 
same in the 5th line from the bottom. 
P. 378: 1. 4, E has "Owen" instead of "Owan" ; 1. 22, it has "letter" 
instead of "latter" ; 7th line from bottom, it omits "of" in 
front of "Bolingbroke." 
P. 379 : 1. 19, E has "same" instead of "Sd" ; 1. 20, it has "alterations" 
instead of "alteration." 



Preface xxix 

P. 380: 1. 17, E has "of" instead of "for" after "Execution"; 1. 36, 
it has "Simmons" instead of "Summons" ; 1. 40, it inserts 
"Lemuel" before "Newton"; lines 42 and 43, it omits "Hugh 
Scarburgh" and "James Kemp" ; 3rd line from bottom, it 
has "Miles Wells" instead of "M. Wells"; last line, it omits 
"W ms burgh." 

P. 381 : 1. 1, E has "Henry Soane" instead of "H. Soane" and an ad- 
ditional name "Edward Jaqueline" for James City County; 
1. 7, it has "Christ r Robinson" instead of "J. Robinson" ; 
1. 8, it has "Richard Buckner" instead of "R. Buckner" ; 
lines 11-14, it omits "W. Allerton," and the lines read as 
follows : 

"Stafford M r John Waugh 1 p r 

Westmoreland M r Henry Fitzhugh .... 2 p r 

Northumberland. . . . M r George Eskridge. . . 1 p r 
M r Richard Neal 1 pV 

P. 382: after line 2, E inserts the following: 

"To the Hon ble the Governor half a years Houserent ending the 
same time Twenty five pounds 

To the Gentlemen of His Majestys Council half a years sallary 
ending the same time One hundred seventy five pounds 

To William Blathwayt Esq r Auditor Generall of America half a 
years Sallary ending the same time Fifty pounds 

To Nathaniel Blackistone Esq r Sollicitor of the Virginia Affairs, 
half a years Sallary ending the same time Fifty pounds 

To John Clayton Esq r his Majesty's Attorney General half a year's 
Sallary ending the same time Twenty pounds. 

To William Robertson Clerk of His Majestys Council half a years 
Sallary ending the same time Fifty pounds. 

To Daniel Jones Armourer at Williamsburgh half a years Sallary 
ending the same time Six pounds. 

To Edward Ross Gunner at James City half a years Sallary end- 
ing the same time Five pounds. 

To M r Richard Bland for so much paid severall Ministers for their 
attendance one General Court Five pounds. 

To William Robertson Clerk of his Majestys Council for so much 
paid by him for severall Expresses and other Contingent charges this 
last half year Fourty one pounds two shillings and eleven pence 
And Out of the Quittrents. 

To M r Commissary Blair half a years Sallary ending as above 
Fifty pounds, and 

_ To John Clayton Esq r his Majestys Attorney Generall half a years 
additional Sallary ending the same time Thirty pounds." 

P. 384: 1. 24, E inserts "to" before "Mr. Churchill"; 15th line from 
bottom, E has "answering" instead of "answered." 

P. 385: 1. 26, E has "concealors" instead of "concealor"; 11th line 
from bottom, it has "said" instead of "paid." 



XXX 



Preface 



P. 390 
P. 391 ; 
P. 393 

P. 397 



P. 398: 1 



P. 


399 


p. 


400 


p. 


403 


p. 


405 


p. 


406 


p. 


407 



P. 408: 1 



P. 410: 1. 



P. 411: 1. 



P. 412: 
P. 414: 
P. 419: 
P. 420: 



P. 421 



P. 422: 
P. 423 



P. 424: 1. 



1. 19, E strikes out "Munday" and "Eleventh." 
1. 2, E inserts "and improved" after "cultivated." 
9th line from bottom, E has "enacted" instead of "reenacted." 
1. 15, E has "Government" instead of "Governor"; 1. 23, it 
has "Saraws" instead of "Sara's" ; second line from bot- 
tom, it has "for that purpose" instead of "with one an- 
other." 

14, E omits "Henry Cheetman" ; 17th line from bottom, E 
has "Meriam" instead of "Merian" ; 16th line from bottom, 
E fills up blank space with "Matthew" ; 4th line from bot- 
tom, E inserts "Thomas" before "Etheridge." 
last line, E has "on" after "Carolina" instead of "or." 
1. 5, E has "valeur" instead of "Valeser"; 9th line from bot- 
tom, E has "three" instead of "their." 
1. 2, E has "governor" instead of "government." 
10th line from bottom, E has "Saraw" instead of "Sara." 
1. 8, E has "it appears" instead of "is appears." 
1. 25, E has "Tommahittons" instead of "Tommahitions" ; 
1. 31, and also 1. 33, E has "Simmons" instead of "Simons." 
13 from bottom and also 5th line from bottom, E has "Sim- 
mons" instead of "Simons" ; 4th line from bottom, E has 
"A court" instead of "the Caire." 

3, E has "one of the s d indifferent persons" instead of "Jus- 
tice" ; 1. 9, E has "the severall Transfer Notes" instead of 
"severall of the Transfer Notes." 

12, E has "unbecoming" instead of "inbecoming" ; 1. 14, it 
has "shall" instead of "that." 
1, E has "come in" instead of "coming." 
1. 28, E omits "to" after "paying." 

1. 30, E has "Commissions" instead of "Commissioners." 
14th line from bottom, E inserts the following between 
"Courts" and "where" : "of such their Good behaviour, 
and 4 ly That they be no promoters of Strife or encouragers 
of Lawsuits in the Neighbourhood." 
1. 24, E has "Abjuration Oath" instead of "Abjuration Oaths"; 
2nd line from bottom, E has "answered" instead of "as- 
sur'd." 
1. 31, E has "be" instead of "in" before "concluded." 
1. 2, E has "Repaid" instead of "paid" ; 1. 12, E has "John 
Smith" instead of "Philip Ludwell" ; 1. 19, E has "Wilson" 
instead of "Whatson" ; 6th line from bottom, E has "Rob' 
Boling" instead of "Rob 1 Bowlin" ; 5th line from bottom, 
it has "four thousand acres of land" instead of "four hun- 
dred four thousand acres of land," and fills the blank with 
"Mamoseen." 

6, E has "1690" instead of "1699"; 1. 32, E has "Henry 
Netherton" instead of "Henry Nedderton"; 8th line from 



1. 



Preface 



xxxi 



bottom, it has "Beverly" inserted after "Robert"; 6th line 
from bottom, it has "Marocosuck" instead of "Masocosick." 

P. 425: lines at the end of the first paragraph read as follows: "It 
is accordingly order'd that Leave be granted him to sur- 
render his said Patent & to enter a new Patent he entring 
Rights for the quantity of 776 Acres containd in his Said 
Survey more than is Express'd in his former Patent"; in 
line 11, E has "Richard Hamlin" instead of "Richard Hem- 
lin"; 1. 19, it has "Henry Tyler," instead of "Henry Tay- 
lor"; 1. 28, it has "Alex Donaphan" instead of "Alex 
Donapham"; 1. 34, it has "Helary Stringer" instead of 
"Hellany Stranger." 

P. 426: 1. 4, E has "Eighty" in front of "foot"; lines 20 & 21, it has 
the following for these two lines: "Two warrants for 
one years Sallary ending ye twenty fifth of October 1715 
Two thousand Pounds." The rest of the payroll is as fol- 
lows: 

"To the Hon Dle Alexander Spotswood His Majestys Lieutenant 
Governor for one years House rent ending the Same time One hun- 
dred & fifty pounds. 

To the Gentlemen of His Majestys Council One Years Sallary 
ending the Same time Three hundred & fifty pounds. 

To William Blathwayt Esq r Auditor Gen 11 of the Plantations for 
One years Sallary ending the same time One hundred pounds. 

To Nathaniel Blackiston Esq r Sollicitor Gen 11 of the Virg a Affairs 
One years Sallary ending the Same time One hundred pounds. 

To John Clayton Esq 1 " His Majestys Attorney Gen 11 for one years 
Sallary ending the Same time Fourty pounds. 

To William Robertson Clerk of His Majestys Council One years 
Sallary ending the Same time One hundred pounds. 

To Edward Ross Gunner at James City One years Sallary ending 
the Same time Seven pounds ten Shillings. 

To Daniel Jones Armourer at Williamsburgh One years Sallary 
ending the same time Twelve pounds. 

To the Judges Clerks & Officers of the Court of Oyer & Terminer 
held in June 1715 One hundred pounds. 

To Severall Ministers for their attendance Two Gen 11 Courts & 
Assemblys ending the same time Twenty pounds." 

The English copyist sends the following note : "There is another 
copy of this set of Minutes in the Public Record Office and it is curious 
to note that it had originally been written as the printed volume, for the 
year & a half salaries throughout, but the words "and a half" with 
dates have been erased with a knife and the amounts altered to cor- 
respond. So that both mss sent home agree as shown." 

P. 427: 1. 12, E has "Charles Anderson" instead of "Charles Ader- 
son" ; 1. 18, it has "Assignment" instead of "Assign" ; 3rd 



xxxii Preface ^ 

line from bottom, it has "required of" instead of "required 
off." 

P. 428: 1. 9, E has "wrecks" instead of "wreck"; 1. 16, it has "dis- 
covers" inserted after "said"; 1. 26, it has "leave" instead 
of "Patent"; 1. 31, it has "a Commission" instead of "Com- 
missions"; last line, it has "who have not signed" instead 
of "and have not sign." 

P. 429: 1. 8, E has "Letters," after "Afforemention'd" ; 4th line from 
bottom, E has "sale" instead of "sail." 

P. 430: 1. 26, E has "Woodson" instead of "Woods." 

P. 433: 1. 3, E has "20 th " in the blank space; 1. 28, it has "7 3/4" 
instead of "7yi" 

P. 434: 1. 2, E has "State" instead of "States"; 1. 27, it has "be" in- 
serted after "future" ; 1. 32, it has "&c" added at end of line ; 
3rd line from bottom, it has "Surveyors" instead of "Sur- 
veyor." 

P. 435 : 1. 2, E has "indisposed of But" instead of "undisposed off 
(but"; 1. 6, it has "the method proposed" instead of "by"; 
1. 21, it has "upon the" instead of "for" at end of line; 1. 
32, it has "of Virg a " after "Treasury" ; 1. 36, it omits the 
words "A B Dep Aud r " ; 1. 41, it has "Letters" instead of 
"Letter" ; 1. 43, it has "Rencounter" instead of "Recounter." 

P. 437: 1. 16, E has "Approbation" instead of "Nomination" 

P. 438: 1. 11, E has "Warrant from" instead of "Warrant for"; 1. 12, 
it has "10th" in blank space; 8th line from bottom, it has 
"nominated" instead of "recommended." 

P. 439 : 1. 4. E has "encroach" instead of "enreach" ; 1. 24, it has 
"Government" instead of "Governor." 

P. 440: 1. 15, E has "untruly" instead of "intirely" ; 1. 23, it has 
"neither" instead of "either" ; 1. 36, it has "with those In- 
dians" instead of "the Indians." 

P. 441: 1. 9, E has "People" instead of "Peoples"; 1. 21, it has "St 
Augustine" instead of "St Aug" and omits "a" at end of 
line and "letter" at beginning of next line; 1. 31, it has 
"Porto Rico" instead of "Port Rico"; 1. 32, it has "His- 
paniola" to fill up blank space ; 1. 38, it has "an" instead of 
"on" at beginning of line ; 5th line from bottom, E has "the 
value of £250" instead of simply "250." 

P. 442: 1. 1, E has "Comee" instead of "Coomee" and the same form 
in other lines of the paragraph ; it has "Michael Kerney" 
instead of "Michael Hearney" and the same in other lines of 
the paragraph ; 1. 29, it has "David Anderson" instead of 
"David Aderson." 

P. 443: 1. 15, E has "Thomas Reves" instead of "Thomas Reevis"; 1. 
24, it has "Amity" instead of "Aimity." 

P. 444: 1. 5, E has "Pokein" [Indian name] between "from" and 
"one" ; 12th line from bottom, E has "be charged" between 
"shall" and "against." 



Preface xxxiii 

P. 445 : 1. 14, E has "subjoined" instead of "joined" ; 6th line from 
bottom, it omits semicolon after "there." 

P. 446: 2nd line from bottom, E has "Service" after "their." 

P. 447: 1. 8, E has "Governor in Council" instead of "Governor and 
Council"; 1. 13, it has "Nath 1 Blakistone" instead of "Nath 1 
Blakistoll" ; 10th line from bottom, it has "& false inter- 
pretation of" instead of "that his Maty had repealed." 

P. 449: 1. 11, E has "Rivanna" instead of "Rivanne," and the same in 
line 18; 1. 22, it has "upper" instead of "up"; 1. 29, it has 
"recover" after "Shall" ; 5th line from bottom, it has "James 
Burtell's" instead of "James Burwells." 

P. 450: At the close of the proceedings for May 4, 1717, E has the 
following additional paragraphs : 

"On the petition of Larkin Chew, praying leave to take up & 
patent 2434 acres of Land in King & Queen County on the branches 
of Mattapony River, on the North side thereof — the said Land having 
been formerly surveyed for the pet r by Charles Smith deed and the 
Survey lost. Leave is accordingly granted the pet r to take up the said 
Land, This Board being satisfyed of his Ability to cultivate the same 
according to Law. And the Surveyor of King & Queen County is 
directed to lay off the same accordingly. 

On reading at this Board the petition of John Bowles of New Kent 
County Setting forth that by patent dated the 23 d October 1703 there 
was granted to Thomas Bradly 1087 acres of Land in the said County 
on the North side of Chicahominy Swamp, the Right of which patent 
the pet r hath lately purchased, and having some grounds to suspect that 
the said Land fell short of the quantity mentioned in the s d patent, he 
had the same resurveyed, and finds that by the negligence of the per- 
son who first surveyed the same, instead of the 1087 acres, there is 
no more than 709 contain'd within the bounds described in the said 
patent, and praying that so much as is wanting of his quantity may be 
made up out of the Adjoining Lands not yet entered for It is accord- 
ingly Ordered that the Surveyor of New Kent County do at the 
Charge of the pet r Survey the bounds of the aforesaid patent ; And in 
case he finds the quantity deficient, that he lay off for the pet r so much 
as shall be found wanting, out of the Adjacent Lands not yet entered 
for by any other person, and that upon the Return of such Survey, a 
new patent be granted the pet r for the same. 

Thomas Etheridge by his petition setting forth that upon a dispute 
before this Board between the said Etheridge and John Powell & 
Meriam his Wife, concerning the Right to a Tract of Land in Norfolk 
found by Inquisition to Excheat to His Majesty from one Nichols of 
the said County deed An Order pass'd that the said Powell should have 
a Grant of the said Land upon paying to the pet" all the Charges he 
had been at in prosecuting the said Escheat : And praying that for as 
much as the said Powell hath not paid the said charges, he the said 
Etheridge may now have a Grant of the said Land It is accordingly 



x'xxiv Preface 

ordered that the said John Powell & Meriam his Wife do pay to the 
pet r the severall Charges expended by him about the Escheat of the 
said Land before the first day of October next. And in case they do 
not pay the same, That then upon the said Etheridge's producing a 
Certificate under the hand of some Justice of the Peace of the said 
County of his having demanded payment at least a month before the 
said first of October, and that the said payment is not made at the time 
hereby appointed a patent shall be granted the said Etheridge for the 
said Land. 

The petition of James Atkins for stopping a patent sued out by 
Charles Evans for 285 acres of Land in Henrico County is referr'd for 
hearing at this Board on the third day of next Generall Court, of which 
the pet r is hereby directed to give the said Evans due Notice. 

The petition of Robert Pollard for stopping a patent sued out by 
William Hall for 1400 acres of Land in King & Queen County is 
referr'd to be heard at this Board on the third day of next General 
Court, of which the pet r is hereby directed to give the said Hall due 
notice. 

The petition of William Grills for stopping a patent sued out by 
Robert Jenings or Christopher Harris for about 140 acres of land in 
New Kent County, is referr'd to be heard at this Board on the third 
day of the next General Court, of which the pet r is directed to give 
the said Jenings & Harris due Notice." 

P. 450: 1. 7, E has "John Lewis" instead of "John Smith"; 1. 24, it 
has "an" instead of "and" in front of "acknowledgment" ; 
11th line from bottom, it has "Agents" instead of "Agent"; 
8th line from bottom, it omits "y e " after the first word of 
the line ; 2nd line from bottom, it has "the said" instead of 
"their" in front of "Six Indians." 

P. 451: 1. 21, E has "with" after "Correspondence"; 13th line from 
bottom, it has "delivering" instead of "discovering" ; 4th 
line from bottom, it has "expects in return" instead of 
"respects a return." 

P. 452: 17th line from bottom, E has "later" instead of "latter"; 8th 
line from bottom, it has "to" in front of "regard" ; 4th line 
from bottom, it has "that" instead of "and" after "Brittain." 

P. 453: 1. 2, E has "a further" instead of "after y e " ; 1. 9, it has 
"Betty" after "ship" ; 1. 10, it has "conceived" after "he" ; 
1. 15, it has "whether" instead of "whither." 

P. 454: 1. 31, E has instead of "Provided &c" "Provided always that 
if the said Richard Fitzwilliam his Pleirs or Assigns Shall 
not within 3 Years from the date hereof erect a Wharf 
or make such other Walls and Improvements as far as the 
Sea now Ebbs that then this present grant and Licence shall 
be void"; 14th line from bottom, it has "Chowan" in front 
of "River." 



! 



Preface xxxv 

P. 457: 19th line from bottom, E has "sums" instead of "sum"; 8th 
line from bottom, it has "a Representation" instead of "at 
Representation." 

P. 458: 1. 25, E has "Sevil" instead of "Covill." 

P. 459: 1. 15, E has "Lyonel Loyd" instead of "Lyonell Long"; 1. 20, 
it has "Plantations" instead of "Plantation"; 1. 22, it has 
"were proper" instead of "was proper." 

P. 461 : 1. 7, E has "Tho s Speight" instead of "Tho 3 Spight" ; 1. 13, 
it has "he" instead of "be" at end of line; 1. 14, it has 
"obtain a" in front of "permit" ; 1. 22, it has "Sale" instead 
of "Sail" but it has "Sail" in line 17. 

P. 462: 18th line from bottom, E has "Letters" instead of "Letten"; 
14th line from bottom, it has "Seal of the Mayoralty" in- 
stead of "Great Seal of the Mayorality" ; 4th line from bot- 
tom, it has "Offices" instead of "Officers." 

P. 463 : 12th line from bottom, E has "of the Nansemonds" after 
"Neighbourhood." 

P. 466: 1. 15, E omits "a" after "Sutherland"; 3rd line from bottom, 
it has "for that end" between "and" and "to hear." 

P. 467 : last line, E has "Libell" instead of "Libells." 

P. 468: 1. 1, E has "the Schooner George" instead of "he George"; 1. 
26, it has "Distrayned" instead of "destroyed" ; 17th line 
from bottom, it has "been patented" instead of simply 
"patented." 

P. 469 : 1. 4, E has "Rivanna" instead of "Rivanne" ; 8th line from 
bottom, it has "1666" instead of "1668." 

P. 470 : 1. 10, E has "communicating" instead of "communicated" ; 
23rd line from bottom, it has the following inserted after 
"opinion" : "Whereupon the Council are of Opinion that 
the Kings Instructions for holding those Courts ought still 
to be observ'd when there are any Criminals to be try'd, 
untill his Maj ty think fitt to alter the same." 

P. 472: 1. 22, E has "of Murder" after "Suspition"; 14th line from 
bottom, it has no blank space before "Indians"; 11th line 
from bottom, it has "not" instead of "net." 

P. 473: 13th line from bottom, E has "advice of the" before "Coun- 
cil." 

P. 474: 10th 1. from bottom, E omits "to" before "be sent." 

P. 475 : 4th 1. from bottom, E has "John Davis" with which to fill up 
the blank space. 

P. 476 : 1. 26, E has "Rene la Foree" instead of "Rent La Foree" ; 1. 
31, it has "Thomas Etheridge" instead of "Thomas Es- 
cridge," and the same for several lines in the next para- 
graph ; 15th line from bottom, it has "4 th " instead of "14 th ." 

P. 478: 1. 3, E omits "Add 1 " after "years." 

P. 479 : 1. 27, instead of "go on the Credit" etc., E has "do it upon the 
Engagements of the Assembly it not being proper for him 
to engage the payment of such Messenger out of the Rev- 
enue which is now so low." 



xxxv i Preface 

P. 480: 1. 15, E has "last" after "March." 

P. 481 : 1. 5, E omits "to" after "in regard" ; 1. 22, it has "such" be- 
tween "give" and "due" ; 1. 24, it has "disobediently" in- 
stead of "disobedient" ; 1. 26, it has "Person" instead of 
"Persons." 

P. 482: 1. 26, E has "instructions" instead of "Instruction"; 1. 32, it 
has "vestrys" instead of "Vestry." 

P. 483 : 1. 4, E has "at Break of Day" after "Month" ; 22nd line from 
bottom, it has "cure" instead of "Care" ; 14th line from bot- 
tom, it has "Michael Goen" instead of "Mihile Goen." 

P. 484: 1. 14, E has "according" in front of "to which"; 1. 21, it omits 
"here" after "tryed." 

P. 485 : 1. 16, E has "Advance" instead of "Advice" ; last line on page, 
it adds 'TTo William Robertson for sundry Expresses & 
other Contingent Charges this last rnlf year £28.3.11^." 

P. 487: 1. 24, E inserts "another Patent for" before "200 Acres" and 
"of land" after "200 Acres" ; 1. 33, it has "Roger Mallory" 
instead of "Roger Mallore," and the same in other lines 
of the paragraph; 10th line from bottom, it has "John 
Quarles" instead of "John Guerles." 

P. 488: 1. 4, E inserts "is" before "bound"; 1. 5, it has "James Burtell" 
instead of "James Bartell" ; 1. 24, it inserts after "1716" 
"and for Some Years before," and it omits "but just" be- 
fore "sent" and inserts "last year" after "sent." 

P. 489: 1. 16, E has "Distinct" instead of "Distant." 

P. 490: 1. 23, E has "as" after "allowance"; 1. 24, it omits "&" after 
"Tobacco"; 19th line from bottom, E has "1718" instead of 
"1719." 

P. 491: 1. 3, E has a parenthesis mark after "Bonds"; 1. 15, it has 
"therefore that" after "and." 

P. 492: 4th line from bottom, it has "it" instead of "there" at the end 
of the line. 

P. 493 : 16th line from bottom, E has "Genl" after "RecV 

P. 494: 1. 6, E has "John Silater" instead of "John Scilater" ; 12th 
line from bottom, it omits "that" after "yeild" ; last line, it 
has "their Lordships" instead of "the Lordships." 

P. 495: 1. 21, E hr>s parenthesis mark after "Cargo"; 1. 26, it has "as 
well" instead of "both" after "War" ; 1. 28, it omits "that" 
after "but" ; 2nd line from bottom, it has "Edward Tack" 
instead of "Edward Thack." 

P. 496: 1. 5, E has "Thatch" instead of "Thack"; 1. 8, it has "arrived" 
instead of "taken"; 1. 12, it has "he hop'd" after "that"; 1. 
19, it omits "and" before "ought." 

P. 497: 1. 3, E has "Drury Bowling" instead of "Drury Boiling"; 1. 5, 
it has "Namassine" instead of "Naonassine" ; 1. 7, it has 
"Aurt Van Pelt" instead of "Aure Van Pelt" ; 1. 25, it has 
"Stoke" instead of "Stokes"; 6th line from bottom, it has 
"James Blair" instead of "James Blaire." 



Preface xxxvii 

P. 498: 1. 3, E has "from hence" instead of "from thence"; 18th line 
from bottom, it inserts "he has" after "Concern" and has 
"Hono r " instead of "Hono rs ." 

P. 499: 22nd line from bottom, E has "Disposition" after "Peaceable" 
instead of "condition" ; 20th line from bottom, it has "on the 
17 th instant" instead of "of the 17 th instant." 

P. 500: 1. 24, E has "ensuing year" instead of "ensuing years"; 1. 27, 
it has "George Harmantson" instead of "George Harmon- 
son" ; 1. 28. it omits "George Hancock" ; it adds to the list of 
sheriffs "Hen. Haywood" for York and "Jno. Foster" for 
New Kent. 

P. 501 : 1. 14, E has "Walpole" instead of "Walpoole," and the same 
throughout the paragraph; 11th line from bottom, E has 
"Edward Tack" instead of "Edward Thatch" ; 3rd line from 
bottom, it has "stranded" instead of "strained." 

P. 502: 1. 2, E has "Petition"' instead of "Port 8 "; 1. 10, it omits "is" 
in front of "to be paid out" ; 23rd line from bottom, it has 
"Minist"" instead of "minutes" after "Sundry" ; 19th line 
from bottom, it has "Quit Rents" instead of "Quarter 
Rents"; 18th line from bottom, it has "Nathaniel Blacke- 
ston" instead of "Nathaniel Blackston" and omits "half" 
in front of "a years" ; 14th line from bottom, it has "Quit 
Rents" instead of "Quarter Rents"; 11th line from bottom, 
it omits "and" before "were." 

P. 503: 1. 3, E has "Lower" in front of "Horsepen"; 1. 14, it has 
"John Pride's" and "Halcot Pride's" instead of "John 
Preeds" and "Halcot Preeds"; 1. 22, E has "Manican up- 
per Creek" ; 1. 25, it has "on" instead of "or" before "fine 
Creek"; 18th line from bottom, it has "John Tullet" instead 
of "John Tulbitt" ; 16th line from bottom, it has "North 
Northwest" instead of "North Northeast" ; 5th line from 
bottom, it has "Prides" instead of "Reides" ; 4th line from 
bottom, it has "Fine Creek" instead of "the Creek." 

P. 504: 1. 16, E has "George Woodriffe" instead of "George Wood- 
x roff"; 1. 23, it has "William Kannon" instead of "William 

Kannow" ; 1. 27, it has "Ralph Booker" instead of "Ralph 
Brooker" ; 13th line from bottom, it has after "may issue" 
the following: "for the said Land in the Name of the 
Petition ? It is accordingly ordered that a Patent Issue" ; 
4th line from bottom, it has "at" instead of "of" after "per- 
son" ; last line, it has "the Pet r " instead of "your Pet r ." 

P. 505 : 1. 10, E omits "the" between "under" and "Sheriff," and after 
"King and Queen County" inserts "& Collecting his Maj ty " 
Q* Rents, in the upper Parish of the said County"; 1. 11, 
it has "Quit Rents" instead of "Quarter rents"; 1. 19, it 
has "tract" instead of "tracts"; 1. 23, it has after "Setting 
forth" "that" ; 14th line from bottom, it has "he" inserted 
after "South Carolina." 



xxxviii Preface 

P. 506: lines 1 and 2, E omits these two lines — probably by oversight 
of the copyist ; 6th line from bottom, E has "Talliaf erro's" — 
correct spelling. 

P. 507: 1. 14, E has "Christopher Borroughs" instead of "Christopher 
Borrowgh"; 1. 28, it inserts, after "Inhabitants," "robbing 
them of their Provisions, frighting their Stocks" ; 1. 30, it 
has "to cutt off" instead of "so cutt off" ; 1. 37, it has "pos- 
sitively" Instead of "privatly" ; 6th line from bottom, it has 
"Southward Governments on the Continent" instead of 
"Southern Gov rnt in the Continent." 

P. 508 : 1. 6, E has "propose" instead of "take" ; 1. 12, it has "order out" 
instead of "order out of"; 1. 25, it omits "to" after 
"Countys"; 1. 27, it has "to the officers" after "Orders"; 
3rd line from bottom, it has "divert them" instead of "direct 
them." 

P. 509: 1. 1, E has "the Inhabitants" after "march through"; 1. 15, it 
has "he rec d " instead of "he read"; 21st line from bottom, 
it inserts "for" in front of "whose" at end of line; 19th 
line from bottom, it omits comma after "therewith" and be- 
gins "The (the next word) with a small "t" thus clearing 
up the meaning of the paragraph. 

P. 510: 6th line from bottom, E has "the greater" instead of "their 
greater" ; 5th line from bottom, it has "their being" instead 
of "they being." 

P. 511 : 1. 16, E has "John Syme" instead of "John Lyme." 

P. 513: 1. 26, E has "in order to go with the Convoy" instead of "and 
ordered to Sail with the Convoy" ; 16th line from bottom, 
it has "Sloop in which" instead of "Sloop of which"; last 
line, it has "Northern" before "Indians." 

P. 514: 22nd line from bottom, E has "Great Man" instead of "Great 
Men." 

P. 515: 17th line from bottom, E has "of their Ability" instead of 
"of his Ability" ; 9th line from bottom, it has "him" after 
"granted" instead of "them." 

P. 516: 1. 11, E has "they intend" instead of "he intends." 8th line 
from bottom, it has "1718" instead of "1719"; 6th line from 
bottom, it has "Thomas Nichols" instead of "Thomas 
Nicholis." 

P. 517: 1. 14, E has "that" at end of line instead of "the"; 3rd line 
from bottom, it has "Council at Law" instead of "Council 
at time." 

P. 518: 1. 2, E inserts "Mr Byrd's" before "Memorial." 

P. 519: 1. 1, E has "Onondago's" instead of "Ovendago" ; 1. 17, it 
has "and" between "Blanket" and "flap" ; 1. 22, it has 
"proser" instead of "Proster" ; 10th line from bottom, it 
has "of any land" before "in those bounds." 

P. 520: 1. 15, E has "Great Man" instead of "Great Men" and "told 
them" instead of "told him"; 1. 24, it has "names" instead 



Preface xxxix 

of "named"; 4th line from bottom, it has "taking to their 
Armes" instead of "taking their Armes." 

P. 521 : 1. 8, E inserts "in" between "be" and "any" ; 1. 9, it omits 
"after" before "answer" and inserts "their" before 
"Safety"; 1. 12, it inserts "they observe what" after "ex- 
pects"; 1. 13, it inserts "on" after "agreed" and "if" after 
"that"; 21st line from bottom, it has "Inhabitants" instead 
of "Indians." 

P. 524: 10th line from bottom, E inserts "in matters of government" 
after "Council"; last line, it has "Collation" instead of 
"Callation." 

P. 525: 1. 15, E has proceedings for meetings held May 2 and May 4 
not in the Virginia Council Journal book, as follows : 

"At A Council held at the Capitol the 2 d day of May 1720 

Present 

The Hon° le Alexander Spotswood his Majesty's Lieutenant Governour 

Robert Carter William Byrd 

James Blair William Bassett 

Philip Ludwell Mann Page Esq" 

Whereas Information upon Oath was this day given to the Gov- 
ernour in Council that one William Jones Servant to William Leving- 
ston of Williamsburgh, hath at sundry times endeavoured to excite other 
Servants to arm themselves to kill their Masters. It is Ordered that 
the said Jones be forthwith committed to the publick Goal, and that he 
be brought tomorrow before the General Court to receive such punish- 
ment for his Offence as the said Court shall award. 

May the 4 th 1720 

Present 

The Governour 

Edmund Jenings William Byrd 

Robert Carter W'illiam Bassett 

James Blair William Cocke 

Philip Ludwell Nath 11 Harrison 

Mann Page Esq r 

The Minutes of the two last Councils were Read. 

William Cocke Esq r Absent 

The Governour communicated to the Council a Copy of his Letter 
to Coll° Schuyler President of the Council of the Province of New 
York, together with the said Presidents Answer. And it is Ordered 
that the said Letters be entered in the Council books. 

A Letter to the Governour from Coll Eden Governour of North 
Carolina being read at the Board, together with a Scurrilous paper 



xl Preface 

Entituled An Account of a Conference with King Blunt Chief of the 
Tuscaruro Indians ; And it appearing by the s d paper that the same hath 
been fraimed with design to throw unjust Reflections on the Govern- 
ment of this Dominion. It is Ordered that the s d paper and Coll" 
Eden's Letter be entered on the Council books, that the same may re- 
main as a Memorial to Posterity of the ingratitude of that Province 
for the generous Assistance it has on sundry Occasions received from 
this Government. 

The Governour having communicated to the Council a Letter from 
Coll" James Moor pretending himself to be Governour of the Province 
of South Carolina by the Choice of the people: And it not appear- 
ing by the s d Letter that the people of South Carolina have not acted 
by any lawfull Authority in the displacing of their former Governour 
and assuming to themselves the power of choosing another. It is the 
opinion of this Board that no Answer be returned to the said Letter. 

The Governour in Council was pleased to Nominate the following 
persons to be Sherifs of the several Countys for the ensuing year viz 

Henrico William Kennon 

Prince George Jn° Hardyman 

Surry Thomas Collier 

Isle of Wight Joseph Godwin 

Nansimond Joseph Meredith 

New Kent Nich° Aldersey 

King William W m Smith 

King & Queen W m Sutherland 

Glocester Augustin Smith 

Middlesex John Vivion 

Norfolk James Wilson 

Princess Ann Ch r Burroughs 

Eliz a City Tho 8 Wyth 

Warwick W m Harwood 

York Joseph Walker 

James City James Duke 

Charles City Lewellin Eppes 

Essex Lawrence Taliaferro 

Richmond John Tarpley 

Stafford Thomas Hooper 

Westmoreland Henry Lee 

Northumberland Christopher Neal 

Lancaster Thomas Carter 

Accomack Edm d Scarborough 

Northampton Henry Blair 

On a Representation from Surry County Ordered that a new 
Commission of the Peace issue for the said County with the Addition 
of sundry persons recommended to be Justices of that Court. 

On reading the several Representations of the Courts of Glocester 
& Elizabeth City Countys. Ordered that a new Commission of the 



I 



Preface xli 

Peace issue for the said Countys with the Addition of sundry new 
Justices. 

The following Warrants on the Receiver General to be paid out of 
his Majesty's Revenue of two shillings per hogshead &c were this day 
signed by the Governour in Council Viz 

To the Governour half a years Sallary ending the 25 th 

of April £1000 

To the Gentlemen of the Council for the same time 175 

To the Auditor General of America for the same time. . 50 
To the Sollicitor of the Virginia Affairs for the same 

time 50 

To the Attorney Gen 11 for the same time 20 

To the Clerk of the Council for the same time 50 

To the Gunner at James City for the same time 5 

To the Armourer 6 

To sundry Ministers attending last General Court 5 

To the Clerk of the Council for sundry Charges on the 

tryal of Pyrates 80 

To the same for Sundry Expresses and other contingent 

Charges 40.7.9 

And out of the Quitt Rents 
To Coll Nathaniel Blakiston for one year's Additional 

Sallary 200 

To M r Commissary Blair one Years Sallary 100 

To the Attorney Gen 11 one years additional Sallary .... 60 

The Accompts of his Majestys Revenue of two shillings per hogs- 
head port Dutys and head money for the last half year ending the 25 th 
of April, and also the Accompts of his Majestys Revenue of Quitt 
Rents being examined by the Auditor were this day sworn to by the 
Receiver General and certifyed by the Governour as usual." 

P. 525: 16th line from bottom, E has "dated y e 20 of 10 r [that is, 
20th of October]. 

P. 526: 1. 13, E inserts after "Bever Dams" "to include the said 
quantity" and omits the rest of the paragraph; 1. 18, it 
omits the last clause in the paragraph; 18th line from bot- 
tom, E does not give quantity of land to be taken up, in all 
respects agreeing with the text; 6th line from bottom, E 
has "Henry Holdcraft" instead of "Henry Holdercraft" ; 
5th line from bottom, it has "Randal Piatt" instead of 
"Randolph Piatt" and "Randal" in the next line also. 

P. 527 : 1. 3, E has "s a petition" instead of "aforesaid Pet r " ; last line, 
it has "Oquia Creek" instead of "Oquca Creek" and omits 
"a" before "Court." 

P. 528: 1. 15, E has "Slate hill" instead of "Slale hill"; it has "and" 
between "Ambrose" and "Joshua Smith"; 14th line from 
bottom, it has "Abjuration" instead of "Adjuration." 



xlii Preface 

P. 529 : 8th line from Bottom, E inserts between "the Coast" and "That 
Cap"' the following : "besides the s d Cap* Whorwood made 
some Scruple of attacking any Spanish Privateers having 
as he says recieved Express Commands from the Admiralty 
Board not to committ any hostility against the Ships of that 
Nation." 

P. 530: the last three full paragraphs of this page are found in E 
but inserted after the first three paragraphs of the next 
page. 

P. 533 : bottom of page, E gives names of members of the Council 
present at the meeting on November 12; it does not include 
the name of William Bassitt ; last line, E has "Stukannox's" 
instead of "Stukannoes." 

P. 534: 1. 17, E has "as a Confirmation" instead of "at a Confirma- 
tion" ; 18th line from bottom, it has "the great Mountains" 
instead of "The great Mountain." 

P. 536: 1. 9, E has "exclusive" instead of "inclusive"; 1. 17, it has 
"difference" instead of "differency" ; 11th line from bottom, 
E has "Jn° Martin's" instead of "Jn° Martin" ; 5th line from 
bottom, it has the date of the meeting as "Dec. 19th" instead 
of the "15th"- — which appears to be an error, however — 
and it gives those present as follows : 

"Edmund Jenings John Lewis 

James Blair Will m Byrd 

Robert Carter WilP Bassett 

Philip Ludwell Peter Beverley" 

P. 537: top of page, instead of naming those present at meeting the 
21st of December E has "Present As before" — that is, for 
the 19th — but that list in E omits Nathaniel Harrison and 
Mann Page and includes John Lewis ; 1. 27, E has "Erect 
a Dam on a Run or branch" instead of "Erect a Dam or a 
Run on a branch" ; 5th line from bottom, it has "800" in- 
stead of "8000" ; 4th line from bottom, it inserts between 
"of" and "his said father" the following : "the Grant, and 
also of building a Mill according to the intentions of." 

P. 538 : 1. 2, E has "shall insist" after "who" ; 1. 7, E inserts following 
additional paragraph at close of this line : 

"Ordered 

That a new Commission of the Peace issue for Northampton 
County with the Addition of several persons recommended to be Jus- 
tices of the s d County." 

P. 538 : 1. 10, instead of "As Yesterday" E has the following names : 



Preface xliii 

"The Governor 

Edmund Jenings W m Byrd 

James Blair Nath" Harrison 

Philip Ludwell Cole Digges & 

Jn° Lewis Peter Beverley Esqrs." 

It will be noticed that the date of the meeting just preceding this 
one was Dec. 21 and not Dec. 22. If a meeting was actually held on 
Dec. 22, there are no minutes extant. 

P. 538: 1. 12, E has "of his Sloop" instead of "of's Sloop"; 1. 15, it 
has the following for the first part of this line: "so much 
provisions as Cap* Martin shall make appear"; 1. 17, it has 
"of his" instead of "of's"; 1. 19, after this line E inserts: 
"Philip Ludwell & William Byrd Esq" Absent" instead of 
having it at the end of the next paragraph. 

P. 539 : 1. 6, E has "that side" instead of "y e side" ; 4th line from bot- 
tom, it has "James Farse" instead of "James Forse." 

P. 540 : 1. 27, E has "Rich 3 Herbert" instead of "Rich 3 Herber." 

P. 541: 1. 16, E has "in" before "Henrico County" instead of "is"; 
1. 17, it has "Beginning" instead of "Adjoining"; 1. 18, it 
has after "Creek" at the end of line "to include the said 
quantity" ; 1. 19, it omits matter on this line ; 2nd line from 
bottom, it has "Abjuration" instead of "Adjuration." 

P. 542: 1. 17, E inserts "he" between "wherein" and "advises." 

P. 543: 1. 13, E has "John Soane" instead of "John Soans"; 11th line 
from bottom, it has "Ralph Piggott" instead of "Ralph 
Piggol." 

P. 544: 1. 19, E has "Collection" instead of "Collectors"; 1. 23, it has 
"administration" instead of "Regulating" ; 1. 27, it has the 
following names inserted after "David Merriwether" 
"Robt Jenings W m Fleming David Crawford & Christopher 
Clarke" ; 16th line from bottom, it has "Jn° Spicer" instead 
of "Jn° Spencer" and "first five" instead of "first four." 

P. 545: 4th line from bottom, E has "at" instead of "of" between 
"Gunner" and "James City." 

P. 546: 1. 11, E has "160" instead of "60"; 18th line from bottom, 
it has "firing" instead of "fixing"; 15th line from bottom, 
it has "John Pugh" instead of "Dan 1 Pugh." 

P. 547 : 1. 12, E has "Jn° Letham" instead of "Jn° Latham" ; 23rd line 
from bottom, it has "the Petitioners" instead of "to Peti- 
tioners." 

P. 548: 1. 1, E has "Lewis Latane" instead of "Lewis Lataine"; it 
omits second paragraph on page ; 1. 25, it has "Isham Epes" 
instead of "Josham Epes." 

P. 549 : from this point to close of book there are no emendations nor 
variant readings, for no transcripts of journals are in the 



xliv Preface 

Public Record Office — that is, they have not been found. 
Those sent from Virginia were probably lost at sea. 

The next date of a Public Record Office Virginia Council Journal 
is Sept. 27, 1722. 

VOL. IV (present volume). 

Note. — The date of the first Council proceedings printed in this 
volume is October 25, 1721. As noted above, however, there are in 
England no transcripts of Virginia Council proceedings for the period 
Aug. 10, 1721, to Sept. 27, 1722. Beginning with Sept. 27, 1722, the 
English transcripts are, for the period of this volume (Oct. 25, 1721, 
through Oct. 28, 1739), fairly complete. Mr. Fairfax Harrison's 
photostat prints of these from Feb. 1, 1726/27, to the end of the period 
have been made use of for furnishing the text of this volume begin- 
ning with Oct. 28, 1734, and for purposes of comparison from Feb. 1, 
1726/27, up to Oct. 28, 1734, the text itself having been secured from 
the original journals in the Virginia State Library. The variations 
are noted below. For the period Sept. 27, 1722, to Feb. 1, 1726/27, 
comparison has not yet been made, as it did not seem to the editor of 
sufficient importance to justify the expense of having photostat prints 
made specially for that purpose. When this volume is printed, how- 
ever, a copy will be sent to England, and the comparison made there 
as was the case with Vol. Ill, and the results noted in the preface to 
Vol. V of the series. 

P. 128: 1. 2, E has "Dugdales run" instead of "Duglasses run"; 1. 
25, it has "Oliver Segar" instead of "Oliver Seager." 

P. 129: 8th line from bottom, E has "John Leigh" instead of "John 
Leegh" ; 7th line from bottom, it has "Oliv. Segar" instead 
of "Oliv. Seager" ; 6th line from bottom, it has "Thomas 
Warring" instead of "Thomas Waring" ; last line, it has 
"Jn° Shapleigh" instead of "John Shopleigh." 

P. 130: 1. 2, E fills blank space with "Anthony Thornton"; 1. 23, it 
has "five days" instead of "four days"; 1. 27, it has "Of- 
ficer" after "Naval"; 2nd line from bottom, it has "put in" 
instead of "put to." 

P. 131 : 1. 26, E has "or his order" instead of "on his order." 

P. 132: 1. 33, E has "Blunt" instead of "Blount"; it has same spelling 
in next paragraph. 

P. 133: 1. 3, E has "from Blunt" instead of "from them"; 1. 32, it 
has "John Prouse" instead of "John Prowse." 

P. 138: proceedings for the 14th and 15th of June, 1727, not preserved 
in England. 

P. 144: 1. 27, E has "Govern r " instead of "Government," the latter, 
however, appearing to be the better reading; 1. 30, it has 



Preface xlv 

"Andrew Freasure" instead of "Andrew Frazer" and so in 
line 34. 

P. 145: 11th line and 5th line from bottom, E has "First year" in- 
stead of "Thirteenth year." 

P. 153: 5th line from bottom, E has "20" instead of "50"; after that 
line it inserts the following: "To the Attorney General for 
the like Sallary 20,,— ,—." 

P. 156: 1. 10, E inserts "Governour of" before "North Carolina." 

P. 161: 1. 13, E has "William Philips" instead of "Richard Philips"; 
11th line from bottom, it has "Farrel" instead of "Farrall." 

P. 162: 1. 23, E has "Bevil" instead of "Bevils." 

P. 164: the last two paragraphs on this page appear in E as one para- 
graph as follows : 

"On the petition of John Cosby and Charles Barrett Ordered that 
Thomas Carr of King William County be summoned to appear at the 
next Council to be held after the Court of Oyer and Terminer in June, 
to shew cause why the land mentioned in the said petition being 800, 
acres on both sides the South fork of little River and 400, acres on 
both sides the North Fork of Little River in Hanover County should 
not be granted to the petitioners." 

P. 166: 5th line from bottom, E inserts "Peter Beverley." 
P. 168: 1. 14, E omits the first "and" and has semicolon after "sum- 
moned," which makes the sense clear. 
P. 170: 1. 16, E inserts "the Mapp of" before "the said County." 
P. 171 : 1. 27, E has "W m Kenney" instead of "W m Henry" ; 3rd line 
from bottom, it has "Ralph Pigot" instead of "Ralph 
Rigot"; last line, it has "Oliver Segar" instead of "Oliver 
Seager." 
P. 172: 1. 6, E has "John Battaille" instead of "John Battails." 
P. 173 : 1. 18, E inserts "Door" after "Chamber." 
P. 175 : 1. 7, E has "George Hume" instead of "George Home." 
P. 178: E inserts the following additional paragraph before the first 
complete paragraph on the page: 

"On the petition of Thomas Jones Gent for a grant of one thou- 
sand nine hundred acres of land in the south fork of little River in the 
County of Hannover formerly survey 'd for Benjamin Brown, and no 
patent sued out for the same, It is ordered that the said Brown have 
notice to attend this Board at the next Court of Oyer and Terminer 
to show cause why the said land ought not to be granted to the peti- 
tioner." 

P. 180: 1. 8, E has "1722" instead of "1723"; 21st line from bottom, 
it has "3000 acres" instead of "300 acres." 

P. 181 : 1. 11, E has "Holford Pride" instead of "Hotford Pride"; 6th 
line from bottom, it has "W m Porteus" instead of "W m 
Portens." 



xlvi Preface 

P. 182 : 1. 16, E fills up the blank space with "the same" ; 1. 23, E gives 
names of all members of Council present as follows : 

"Present 

The Hon ble William Gooch Esq r Lieu' Governor 

James Blair Richard Fitzwilliam 

Cole Digges John Grymes & 

John Custis Esq"" 

P. 182 : 4th line from bottom, E omits "late" at beginning of line. 

P. 183: 1. 17, E has "Ship Mark" instead of "Ship Mortimer and 

Mark." 
P. 188: 1. 27, E has "Clerk" instead of "Clerks." 
P. 190: lines 1-12, E has the following: 

"The Governor acquainted the Council that he had lately received 
his present Majesty's Instructions for the Government of this Colony, 
and the first paragraph thereof containing the names of the present 
Council was read at the Board wherein the name of Richard Fitz- 
william Esq r is ommitted, and thereupon desiring the advice of the 
Board whether the said Richard Fitzwilliam ought to be sworn as one 
of the Council, they are of opinion that the said Rich 3 Fitzwilliam 
being appointed one of the Council of this Colony, Jamaica and South 
Carolina at the same time that he was constituted Surveyor General 
of the Customs for the southern district of America, and being still 
continued in that office, it is not probable that his Majesty intended to 
remove him from the other, but that the ommission of his name in 
the present Instructions must have happen'd through mistake in trans- 
cribing thereof ; and that therefore he be sworn and continued of the 
Council until his Majesty's pleasure be further known." 

P. 192: E has an additional entry for Nov. 2, 1728, as follows: 

"The Acco' 8 of his Ma" es Revenue of 2s per hh d &c were this 
passd in Council and Certifyed by the Governor as usual." 

P. 193: 12th and 11th lines from bottom, E has "Eccles" instead of 

"Eceles." 
P. 194: 7th line from bottom, E has "John Edy" instead of "John 

Eidy." 
P. 197: 11th line from bottom, E has "conviction" instead of "con- 
victions." 
P. 198 : 1. 2, E has "Goochland" instead of "Caroline" — which is a 

mistake. 
P. 209 : 1. 23, E omits "of" after "Complain" ; 1. 27, E omits "Attack" 

before "defeat" ; 1. 37, it has "its Mediation" instead of 

"this Mediation." 
P. 210 : 1. 2, E fills the blank space with "Licence nor" ; 16th line from 

bottom, it has "this Dominion" instead of "his Dominion." 



Preface xlvii 

P. 212: 1. 11, E has "in Prince George" instead of "on Prince George"; 
1. 20, E has "Sweet House Creek" instead of "house 
Creek"; 1. 21, it has "Pet" Mill" instead of "Pet" Mile"; 
5th line from bottom, it has "defaced" instead of "defeated." 

P. 213: 6th line from bottom, E has "Fitzwilliam" instead of "Fitz- 
williams," and so always "Fitzwilliam" being proper form 
of name. 

P. 214: 1. 11, E has "every acre" instead of "over and"; 2nd line from 
bottom, it fills blank space with "moving." 

P. 215: 1. 7, E has "Roscow" instead of "Rostow," and so throughout 
the paragraph; 1. 25, it has "James Fontain" instead of 
"James Fountain"; 1. 34, it has "Silvester Musco" instead 
of "Silvester Musto"; 2nd line from bottom, it has "Glas- 
cock" instead of "Glassock," and the same in the last line. 
After the paragraph containing the name "Glascock" it has 
the following: "All the other Sherifs having served but 
one year are continued for the ensuing year." 

P. 216 : 1. 2, E has "James Reed" instead of "James Read." 

P. 217: 1. 27, E has "Seven" at end of line instead of "Twenty"; 3rd 
line from bottom, it has "Mahook Creek" instead of "Ma- 
heek Creek." 

P. 218: 1. 5, E has "Edward Scott" instead of "Edward Stott"; 1. 6, 
it has "John Tooley" instead of "John Fooley" ; 1. 9, it has 
"Warham Easly" instead of "Warham Easty" ; 1. 17, it 
has a blank space in front of "Jackson" ; 1. 28, it has 
"Abraham Gulden" instead of "Abraham Childers." 

P. 219: 1. 8, it has "Moccoso Neck" instead of "Mottoso Neck"; it 
has changed this whole paragraph so as to read as follows : 

"To James Pittillo 1000 acres of Land in Prince George County 
between the lines of Nicholas Butterworth William Short Richard 
Skoggin George Williams and Moccoso Neck road including the Land 
lately possessed by Roger Archer Deced Four hundred acres of the 
afores d Tract being already entered by the Pet r It is ordered that the 
Heir of the said Roger Archer Deced be Summoned to appear before 
this Board at the next Court of Oyer and Terminer to Shew Cause 
why the said Land ought not to be granted to the Petitioner." 

P. 220: 1. 10, E fills the blank space with 11/22; 1. 23, it has "Codual's" 

instead of "Cedulas." 
P. 221 : 1. 27, E has "eighty two" instead of "thirty two" ; 1. 32, it has 

"1482" instead of "1400." 
P. 222: 1. 13, E has "Gillies Creek" instead of "Gilliet Creek"; 1. 31, 

it has "Catherine" instead of "Susannah"; 1. 33, it has 

"Gideon Chambon" instead of "Gideon Chamber," and so 

throughout the paragraph. 
P. 223 : 1. 26, E has "Cedar Lick" instead of "Cedar Litch." 
P. 224: E omits all the entries for the 17th of June, 1730, after the 

one beginning "To W m Mayo 2800 Acres." 



xlviii Preface 

P. 225 : I. 25, E has "and Conestogo" instead of "at Conestogo." 

P. 226: 1. 4, E has "of" instead of "to" before "Colo Spotswoods"; 
line 5, it has "requesting" instead of "requiring" ; last line, 
it has "&" between "Winifred Stevens" and "Edward 
Sanders." 

P. 227: 1. 1, E has "Surveyors" instead of "Surveyor" and in the same 
line "Due Entry" instead of "Duty"; 1. 11, it appears to 
have "John Mays" instead of "John Mayo," though the 
"Mays" is not absolutely clear; 6th line from bottom, it 
has "John Michie" instead of "John Mitlue" ; it omits the 
last entry for the day. 

P. 228: 1. 10, E has "prepared" for "proclaimed"; 11th line from bot- 
tom, it fills the blank space with the word "Patentees"; 13th 
line from bottom, it has "Tracts of" after "all," and there 
is no new paragraph with the next word "Land," the whole 
phrase being "to all Tracts of Land not exceeding Six 
thousand Acres" ; 7th line from bottom, it fills up the blank 
space with "And Whereas" ; 6th line from bottom, it fills 
up the blank with "for the" ; 3rd line from bottom, it has 
"from the first of May" instead of "for the first of May" ; 
2nd line from bottom, it has "purchased of" instead of 
"purchased by." 

P. 229 : 1. 8, E has "this Government" instead of "the Government" ; 
12th line, it has "Sherrando" instead of "Sherundo," and 
so usually throughout, though occasionally E has "Sherun- 
do" and the text "Sherrando"; 6th line from bottom, E 
fills blank with "out in order"; 5th line from bottom, E 
fills blank with "the." 

P. 230: 1. 28, E has "Matthew Jouet" instead of "Matthew Issuet," 
and so in other lines following; 13th line from bottom, E 
has "Cattail branch" instead of "Cattle branch" ; E fills 
blank with "of the said Petition." 

P. 231 : 1. 2, E has "Hazle River" instead of "Haxle River" ; 1. 5, it 
has "10000" instead of "1000"; 6th line, it has "branches 
thereof" instead of "branch thereof." 

P. 232 : 1. 27, E omits "to" after "presented" ; 1. 34, it fills blank with 
"as far as" ; third line from bottom, it has "Cohon- 
garooton" instead of "Cohongaratoon," and so usually 
throughout ; in same line, it has "Conecachigah" instead of 
"Conecachigh" ; 1. 18, E has many paragraphs at the begin- 
ning of the proceedings for Dec. 10, 1730, omitted in the 
text, as follows: 

"Whereas Several Petitions this day were presented to the Board 
and read for grants of the Land formerly Assign'd for the Settlement 
of the Saponie Indians who have now deserted the Same Viz' 

a Petition of Henry Harrison Gent : for Six thousand Acres on 
the North side of Maherin River beginning on the lower line of the 



Preface xlix 

said Indian Land A Petition of Tho s Cock gent : for Twelve hundred 
Acres on the North side of the said River Maherin Joining on the Up- 
per line of the Same Tract. A Petition of Tho 9 Ravenscraft gent, for 
Two thousand Acres beginning on the Upper line on the South side 
of the said River. A Petition of John Allen & Joseph Allen Gent, 
for Twelve Thousand Acres beginning on the lower line of the said 
Tract and on the South side of the said River. And a Petition of 
Benjamin Edwards Gent, for Two thousand Acres on both sides the 
said River including the Land formerly Assign'd for the Use of the 
Captain & Garrison of the Fort of Christanna 

And Whereas it was represented to the board in behalf of the 
Members of the late Virginia Indian Company that during their In- 
corporation they had laid out Considerable Sums of Money in Build- 
ings and Improvements on that part of the said Tract of Land where 
Fort Christanna stood which by reason of the Sudden Repeal of the 
Act of Assembly Whereby the said Company were Constituted became 
of no use to them neither had they ever any recompence for the same 
This Board having taken the said Representation and the Several Peti- 
tions above mentioned into Consideration and Judging it reasonable 
that those who have been at the Expence of Improvements on the said 
Land Should be preferd to a grant of Such proportion thereof as may 
be a Sufficient recompence for their Trouble and Charges. Have 
thought fitt to Order as it is hereby Ordered That One Thousand 
Acres of Land On the South side of Maherin River and extending up 
& down the said River and back into the Woods Equidistant from the 
Centre of the Fort of Christanna And One thousand Acres on the North 
side the said River Maherin running Parellel to the said former Tract 
be laid of and Assigned for the benefit of the persons Interested in the 
said late Virginia Indian Company And that a patent for the same be 
granted in the Name of such person as the Survivors of them shall 
Direct And it is further Ordered that the residue of the Twenty 
Three thousand and Forty Acres of Land Assigned for the said Saponie 
Indians be by the Surveyor of Brunswick County laid out for the 
Several Petitioners in proportion to the Quantitys desired by them at 
the Several places mentioned in their respective Petitions And that if 
any Land remain on either side the River not included in the Entrys 
of M r Ravenscraft and M r Cock and the Two Thousand Acres set 
apart for the late Virginia Indian Company the same be Surveyed and 
Assigned to M r Edwards in proportion to the Quantity Desired by him 
in his said Petition." 

P. 233 : 1. 24, E has "Edward Rice" instead of "Edward Price" ; 6th 
line from bottom, it omits "To" before "James Quarles." 

P. 234: 1. 1, E has "Edward Powell" instead of "Edm d Powell"; 1. 
2, it has "Bull* Herbert" instead of "Ball a Herbert" ; it has 
rest of line as in the text except that it has a period after 
"Gent" ; 5th line, it has "joyning on" instead of "joyning 
in" ; 1. 7, it has "in Brunswick" instead of "on Brunswick" ; 
1. 8, it has "I E" at end of line instead of "I F." 



1 Preface 

P. 235: 1. 24, E has "Nath 1 Newton" instead of "Nath 1 Newson"; 1. 
27, it has "Jam 3 Munford" instead of "Jam 3 Mumford"; 
1. 31, it has "W m Ball" instead of "W m Bale"; last line it 
adds: "Warwick Henry Scasbrook." 

P. 236 : 1. 2, E has "W m Broadnax" instead of " W m Brodnox" ; 1. 7, 
it fills blank with "Micou" ; 1. 14, it has "W m Brent" instead 
of "W m Brine"; 1. 21, it has "Tho s Edmunds" instead of 
"Tho s Edmond" ; same line, it has "W m Simmonds" instead 
of "W m Simmons" ; 1. 29, it has "bounds" instead of "lands." 

P. 237: 1. 18, E has "Grays Creek" instead of simply "Creek"; 1. 27, 
it has "Constances" instead of "Constancy" ; 1. 30, it has 
"Cha s Sawyer" instead of simply "Sawyer"; 1. 31, it has 
"John Scott" instead of simply "John" ; 1. 33, it has "Wil- 
liam Harwood" instead of "Harlow Harwood" ; 1. 37, it has 
"Ja s Coleman" instead of simply "Coleman" ; 1. 38, it has 
"Taskanask" instead of "Tackanack." 

P. 238: 1. 2, E has "Ayletts" instead of "Alletts"; 1. 7, it has "W m 
Glascock" instead of "William Glassook" ; 1. 8, it has "Glas- 
cocks" instead of "Glanocks" ; 1. 12, it has "James Fergu- 
son" instead of "John Collier" ; 1. 20, it has "W m Strother" 
instead of "Benj Strother"; 1. 32, it has "Ja s Wight" in- 
stead of simply "Wight"; 1. 39, it has "Charles Pattin" 
seemingly instead of "Charles Pellin" — but the "Pattin" is 
not very plain. In this whole list of inspectors at the dif- 
ferent warehouses, given on pages 237 and 238, there are 
many minor variations in spelling to which attention has not 
been called. The list as given in E, both from the stand- 
point of the spelling of the names of the warehouses and 
from that of the spelling of the names of the inspectors, is 
much more accurate. 

P. 239 : 1. 12, E has "John Wight" instead of "John Wright" ; 1. 29, 
it has "erected" instead of "ordered." 

P. 240: 1. 14, E has "Ambrose Maddison" instead of "Ambrose Ad- 
dison"; 5th line from bottom, it omits "of" before "Vir- 
ginia." 

P. 241: 1. 15, E has "or" instead of "of" before "the first Creek"; 1. 
21, it has "Flatt Rock Creek" instead of "Flatt Cocke 
Creek"; 1. 23, it has "of M r Tho s Cocke" instead of "for 
M r Tho s Cocke." 

P. 243 : 1. 18, E has "avoiding" instead of "recording," and adds the 
following at the end of the next line: "be entitul'd to 
the benefit of Clergy, or of the Statutes of England con- 
cerning the same on conviction for offenses for which a 
Christian free Man or Woman ought to be allowed such 
benefit" ; last line, it has "on the Credit" instead of "on the 
Condition." 

P. 244 : 1. 24, E has "450 Acres" instead of "four hundred Acres" ; 1. 
25, it has "to" in front of "Ebenezer Adams" ; 1. 29, it omits 
"an" before "the leave." 



Preface li 

P. 245 : 1. 7, E begins new paragraph after "Henrico County" — prop- 
erly; 1. 10, it has "290 Acres" instead of "292 Acres"; 1. 11, 
it has "James Nebblet" instead of "James Nibbell." 

P. 246: E has "John Woodson" instead of "Joseph Woodson" — er- 
roneously; 11th line from bottom, it has "Seating" instead 
of "Sealing." 

P. 247: 1. 12, E has "Benj Hinson" instead of "Benj Henson," and the 
same in following lines ; 1. 28, it has "Surveyors" instead of 
"Surveyor" ; 1. 30, it has "R d Kendall" instead of "R d Ken- 
dale." 

P. 248 : 1. 10, it fills the blank space with "John" ; it has "James Chis- 
holm" instead of "Chicholine" ; 12th line from bottom, it 
has "Hannover" instead of "Spotsilvania" ; 6th line from 
bottom, it has "Gideon Chamben" instead of "Gideon Cham- 
ber." 

P. 249 : 1. 2, E has "Partys" instead of "Pet\" 

P. 250: 1. 8, E omits "in" before "fork"; 1. 28, it has "Henry Seller" 
instead of "Henry Setler," and "Peter Reidt" instead of 
"Peter Reids," and "John Vandehoase" instead of "John 
Vaindehoase" ; 1. 29, it has "John Richter" instead of "John 
Richler" ; 1. 32, it has "petitioners" instead of "pet r " ; 4th 
line from bottom, it has "&" between "John" and "Ralph" ; 
3rd line from bottom, it has "John Perkinson" instead of 
"John Parkinson." 

P. 251: 1. 1, it has "John Phelps" instead of "John Phelphs"; 1. 10, 
it has "W m Irby" instead of "W m Toby"; 1. 13, it has 
"Pigeon-Roost Creek" instead of "Pigeon-West Creek"; 
1. 16, it has "W m Edins" instead of "W m Edwins" ; 1. 20, 
it has "Buckner Rowston" instead of "Buckeror Row- 
ston"; 16th line from bottom, it has "600 Acres" instead of 
"eight hundred Acres"; 8th line from bottom, it has, ap- 
parently, "Tho s Crustwood" instead of "Tho s Prustwood," 
but "Crustwood" is not very clear. 

P. 253 : 1. 3, E has "Joost Heydt" instead of "Joost Heyd" ; 1. 9, it has 
"John Fischback" instead of "John Fishback" ; 7th line 
from bottom, it has "Governor" instead of "Governours." 

P. 254: 1. 27, E omits "&" after "Freighter." 

P. 255: 1. 12, E has "a half a Years Salary" instead of "1/2 Salary." 

P. 256: 4th line from bottom, E omits the blank space before "Creek"; 
last line, it omits "a" before "Piney." 

P. 257: 1. 3, E has "Stephen Hughes's" instead of "Stephen Hughs" — 
usually it spells the name "Hughes" instead of the more 
frequent "Hughs" of the text. 

P. 258: 1. 6, E has comma after "Ripping." 

P. 260: 1. 27, E has "from making" instead of "to make." 

P. 261 : 13th line from bottom, E has "Tarleton Fleming" instead of 
"Carleton Fleming." 

P. 262: 1. 2, E has "middle Deep Creek" instead of "middle Creek." 



Hi Preface 

P. 263 : The last paragraph in E of the proceedings for March 17, 
1731, reads as follows: 

"On the Petition of Joseph Dabbs and John Woodson for a grant 
of 384 Acres of Land lying against the head of Amos's branch of the 
Deep Creek of Lickinhole in Goochland County Surveyed for Leonard 
and Thomas Billew about four Years ago, and no Patent Sued out 
for the same, It is Ordered that Unless the said Leonard and Thomas 
(having due notice hereof) do attend this Board at the next Court of 
Oyer and Terminer held in June and make out their pretentions to 
the said Land the same be granted to y e Pet™." 

P. 265 : 1. 12, E has "Fort" instead of "Port." 

P. 268: 15th line from bottom, E has "ag* importing Tob°" instead of 
"ag* Tob°." 

P. 271: 1. 14, E has "in Two Tracts" after "County"; 1. 15, it has 
"Prince George" instead of "Brunswick" ; 1. 25, it omits 
all the words after "Buffalo lick"; 1. 30, it omits "Deep" 
before ^'branches." 

P. 272: 13th line from bottom, it has "conveniently" instead of "con- 
venient." 

P. 273 : 18th line from Bottom, E fills blank with "David McLenahan" ; 
16th line from bottom, it has "Henry Scasbrook" instead of 
"Henry Seasbrook." 

P. 275 : 6th line from bottom, E has "Garner" instead of "Garnet." 

P. 276: 1. 15, E has "thereof made" instead of "therein made"; 1. 30, 
E omits "not"' between "would" and "have." 

P. 277: 1. 18, E has "Anthony Mattone" instead of "Anthony Matton," 
and the same in 1. 23 ; 1. 29, it has "or thereabouts" after 
"Land" ; 1. 36, it has " " before "Chishom." 

P. 278: 16th line from bottom, E has "Sum" instead of "Sun"; 8th 
line from bottom, it has "having made Oath" instead of 
"made Oath." 

P. 280 : 1. 26, E omits this line — no doubt by mistake. 

P. 281 : 1. 6, E omits "may" before "be empowered" ; 1. 10, E has "John 
Tayloe Esq 1 "" instead of "John Taylor Esq r ," and wherever 
the text has the erroneous form ; 8th line from bottom, E 
has "Governour and Council" instead of "Governour in 
Council" though the latter would appear to be the better 
reading. 

P. 282: 1. 17, E has "Attorney General" instead of "General Attor- 
ney"; 1. 25, E has "inclusive" instead of "exclusive"; 1. 28, 
it has "George Brooks" instead of "George Brooke." 
P. 283 : 1. 4, E omits all the words after "County" ; 1. 14, it omits 
after the dash "his" ; 1. 28, it has "lay off" instead of "lay of." 
P. 284: 1. 13, E has "Newfound River" instead of "Newford River." 
P. 285: 1. 15, E has "WilP Worsha" instead of "Will"' Worsham" ; 
1. 18, it has "Soans" instead of "Soane" ; 1. 19, it has "Wain- 
wrights" instead of " Wainwright" ; 1. 25, it has, apparently, 



Preface liii 

"Tho 8 Cock" instead of "Tho s Cook," though the form is 
not absolutely clear; second line from bottom, it has "Wil- 
liams's" instead of "Williams." 

P. 286: 1. 16, E has "Conways" instead of "Comways"; 16th line from 
bottom, it has "Sam" Eskridge" instead of "Sam 11 Usk- 
ridge." 

P. 288: 1. 13, E omits "a" before "Obedience." 

P. 289 : 1. 9, E has "upper" instead of "Western" ; 1. 25, it has "Mor- 
gan Bryan" instead of "others his partners" ; 5th line from 
bottom, it has "Andictan" instead of "Anditank." 

P. 290 : 2nd line from bottom, E omits all words after "among them." 

P. 293 : 2nd line from bottom, E has "Eastside" instead of "Eastsides." 

P. 294: 1. 28, E inserts "done" after "already." 

P. 295: 1. 17, E has "Patent" instead of "Patents"; 11th line from 
bottom, it has "Lands" instead of "Linds" ; 9th line from 
bottom, it has "Matthew Sims" instead of "Matthew Sins.'' 

P. 296: 1. 24, E omits "&" after "thereafter." 

P. 298 : 1. 8, E has "Receiver" instead of "Rec"" ; 1. 27, it has "Ad- 
jutant" instead of "Adjutants"; 12th line from bottom, it 
omits "&" after "Auditor General" and adds at end of line 
"Makeing the said Allowance and the Reasonableness there- 
of. And forasmuch as the Quit Rents for this Year were 
Collected before the Arrival of the Auditor Generals Letter 
It is the further Opinion of this Board that the same al- 
lowance to the receiver General must necessarily be charged 
in the Accounts of the present years Revenue for such 
Money as hath been already Received without which he 
cannot be Enabled to remit the same to England" ; 9th line 
from bottom, E omits all words in paragraph after "2s 
per hh a ." 

P. 299 : 1. 14, E has "John Bushroad" instead of "John Rushroad," it 
has "Thomas Chalton" instead of "Thomas Chelton"; 1. 15, 
it has "John Hore" instead of "James Hore." 

P. 300 : 1. 2, E has "Majestys" before "Sign Manual" ; 4th line from 
bottom, it has "augm 1 " instead of "augument." 

P. 301 : 8th line from bottom, E has no blank space after "Parish." 

P. 302: 1. 10, E has "Joseph Moutray" instead of "Joseph Mouhay"; 
1. 23, it has "Marsh" instead of "Marish." 

P. 303 : 1. 7, E has "Nottoway Nation" instead of "Nottoway Indians" ; 
8th line from bottom, it has "Colvils Land" instead of "Col- 
vells line." 

P. 304: 1. 11, E has "a blaz'd" instead of "as ablaz'd." 

P. 305 : 1. 2, E has "Capt. Evans's" instead of "Capt. Evans" ; 6th line 
from bottom, E has after "Rec r Gen 1 ," instead of "all who 
made Oaths thereto," simply "who made Oath to the same" ; 
2nd line from bottom, it has "Fixing" instead of "affixing." 

P. 306: 1. 2, E has "running" instead of "uniting" and the same in 1. 
7; 1. 8, it has "with" at beginning of line instead of "as," 
and it inserts "&" before "Inhabitants" at the end. 



liv Preface 

P. 307: 1. 1, E has "October 23 d " instead of "October 22 a " ; 1. 5, it has 

"Cole Digges" instead of "William Byrd." 
P. 308: 17th line from bottom, E has "Dansie Southale" instead of 

"Dacy Southale." 
P. 309: 1. 11, E has "Shoreham" after "Ship"; 1. 22, it has "one 

thousand seven hundred" instead of "seventeen Thousand" ; 

2nd line from bottom, it has "Merchandize" instead of 

"Merchandizes." 
P. 311: 1. 24, E has "Thomas Wright Belfeild" instead of "Thomas 

Right Belfeild." 
P. 312: 1. 16, E has "Stephen Evans" instead of "Stephen Eavans," 

and "Theophilus Field" instead of "Theophilus Feilds" ; 1. 

19, it has "Francis Bracy" instead of "Francis Bressie" ; 1. 

24, it has "Thomas Bollow" instead of "Thomas Bolloco." 
P. 313: lines 21 & 22, E has "Daniel Johnson" instead of "Daniel 

Johnston" ; 1. 23, it has "Beaver Pond Branch" instead of 

"Beaver Pond." 
P. 316: 4th line from bottom, E omits "in" after "down." 
P. 317: 1. 9, E has "Edmund Browders" instead of "Edmund Brow- 
den's"; 1. 19, it has, after "Petitioner," "on both branches"; 

9th line from bottom, it has "Samuel Cobb," instead of 

"Samuel Cobbs" ; 7th line from bottom, it inserts, after 

"Henrico County," "surveyed." 
P. 320: 1. 3, E has "Francis Dansie" instead of "Francis Dance"; 

1. 24, it has "Richard Booker" instead of "Edward Booker." 
P. 321 : 1. 12, E omits "of" after "Reading" ; 1. 18, E has "pounds" 

at end of line instead of "Shillings." 
P. 323 : 10th line from bottom, E has "Simmons's" instead of "Sam- 

mons's," and the same in the 7th line from bottom ; 7th 

line from bottom, it has "Marked" instead of "Market"; 

5th line from bottom, it has "William Syms" instead of 

"William Symes." 
P. 324 : 3rd paragraph in E reads as follows : 

"Richard Cocke Gent Setting forth that about fourteen years ago 
there was Survey 'd for one Amos Lad three hundred Acres of Land on 
Beverdam Creek in Henrico now in Goochland County that soon after 
the said Survey the said Amos Lad enter 'd into agreement with 
Richard Cocke the petitioners Father to perfect the said Conveyance 
and soon after the petitioners Father departed this Life having first 
made his last Will and Testament and thereby devised the said three 
hundred Acres of Land to the petitioner but the Survey having been 
made by Francis Epes Gent Surveyor of Henrico County and the 
Rights lodged in his hands in order to obtain that patent the said Epes 
has possessed himself of the aforesaid three hundred acres of Land 
and tho the petitioner has often demanded the said Survey and Rights 
to be deliver'd to him since his coming of age yet he could never obtain 
the same and praying that the said Francis Eppes should be Sumon'd 



Preface lv 

to appear before this Board to show cause why he detain'd the said 
Survey & Rights and that the petitioner may be relieved in the premises 
It is accordingly order'd that the said Francis Eppes be Sumon'd to 
answer the said petition at the Council to be held on Wednesday next 
following the Court of Oyer and Terminer in June next." 

P. 325: 1. 20, E omits all words after "taken up"; 3rd line from 

bottom, E has "Surveyed for" instead of "Surveyed by." 
P. 326: E omits the heading — correctly; 1. 21, E has "Stephen" before 

"Matton." 
P. 328 : 14th line from bottom, E has "Jeremiah Bronaugh" instead of 

"Jeremiah Brinnaugh." 
P. 329 : 1. 20, E has "Beverpond" instead of "Beaver pound" ; 9th line 

from bottom, the paragraph in E reads as follows : 

"To James Allen Thomas Anderson and Charles Anderson four 
thousand acres in Goochland County on great Guinea Creek beginning 
on Wamocks line runing downwards on the Licking hole branches of 
Appamattox River to include the Quantity." 

P. 330 : 1. 2, E has "Waricco" instead of "Warricoi" ; 1. 18, it has "acres 

of" after "400" ; 8th line from bottom, it has "Resolved" 

instead of "Ordered." 
P. 332 : 1. 18, E has "Joseph Godwinn" instead of "Joseph Godwinns" ; 

11th line from bottom, it has "Manufactures" instead of 

"manufators." 
P. 333 : 1. 5, E has "3 Cwt" instead of "three Hundred" ; 1. 18, it omits 

"John Grymes" and "Thomas Lee." 
P. 334: 1. 19, E has "and" in front of "the Said Savage"; 1. 21, here 

E begins a new day: 

"September the 27 th 1734 

Present 

The Governor 

Mr Com y Blair John Grymes 

■ W m Byrd John Custis 

Cole Digges W m Randolph 

John Robinson John Tayloe 

John Carter Philip Lightfoot Esq"" 

P. 334: 1. 25, E has "South" in front of "Potomack"; 8th line from 
the bottom, it adds the following paragraph : 

"Isham Randolph Gent, by his Petition seting forth that in Order 
to obtain a Patent for some Land in Goochland County he lately lodg'd 
in the Secretarys Office a Certificate of the Survey thereof & at the 
same time produc'd a Certificate of Forty nine Importation Rights to 
Mr Kemp the Clerk of the said Office who refus'd to allow y e Peti- 
tioner the benefit thereof alledging that such Rights belong to the Per- 



Ivi Preface 

sons Imported & not to the persons Importing them. Whereas the 
Petitioner is advis'd by his Counsel that they do belong to the Persons 
Importing And praying that he may be allow'd the benefit of the said 
Rights or that he may be heard by his Counsel therein. It is Ordered 
that the Petitioner be heard by his Counsel at the next Gen 1 Court or 
at such other time as he shall think fit to desire the same." 
The proceedings for a new day follow this : 

"October the 3 rd 1734 

Present 

The Governor 

Mr Com y Blair John Carter 

W m Byrd John Custis 

Cole Digges W m Randolph & 

Philip Lightfoot Esq"" 

Ordered that new Commissions of the peace issue for the follow- 
ing Counties Viz* 

For the County of Isle of Wight & Matt w Kinchen Sam 1 Davis, 
Henry Applewight Jun r Joseph Gray, Nath 1 Ridley Tho s Farrell, Jun r 
Franc 8 Jones & John Monro Gent, be Added to the present Justices in 
the said Commission 

For the County of Brunswick & Rob 1 Hix, Dan 1 Hix, Matt w Wall 
& Benj" Brown to be Added to the present Justices in the said Com- 
mission 

The Governor desireing the advice of the Council whether the 
present General Assembly shall be further Prorogued or immedeately 
dissolved It is the Opinion of the Council it is more proper to prorogue 
the Assembly than immedeately to dissolve it & therefore that it be 
prorogued to the Second Thursday in May next." 

After this E has proceedings for October 24, 1734, which include 
the following heading and paragraph, and all the proceedings in the 
text from "The Governor was this Day with the advice of the Council 
pleased to appoint the following Persons to be Inspectors to wit" which 
appear in the text under date of September 21, 1734. 

"October the 24 th 1734 

Present 

The Governor 

M r Com 7 Blair John Grymes 

W m Byrd John Custis 

Cole Digges John Tayloe 

John Robinson Philip Lightfoot & 

John Carter Tho 8 Lee Esq" 

A Petition of John Tayloe & Tho" Lee Esq" & W m Beverly Gent, 
for leave to take up & Patent Sixty thousand Acres of Land on Sher- 



Preface \ y \{ 

rando River at the tipper end of Jacob Stovers upper Grant was read, 
& the Consideration thereof refer'd till the next Council." 

P. 335: I. 1, E has "Dasey Southal" instead of "Dasey Southwell" and 

the same in the next line. 
P. 336: 12th line from bottom, E has "Receiver Gen 1 " after 

"Majesties." 
P. 341 : 1. 11, after "praying," the rest of the line should read "for a." 



Executive Journals of the Council 
of Colonial Virginia 



At a Council held at y e Capitol October 25 1721 

Present 

The Governor 

Edmond Jenings WilP Bassett 

Robert Carter Nath 1 Harrison 

Philip Ludwell Mann Page and 

Jn° Robinson Esq" 

On consideration of what was offered in behalf of the Chickasaw 
Indians relating to a Trade with this Colony for Arms and Ammunition ; 
This Board being Informed that the Factors for the late Indian Com- 
pany who have hitherto continued to Trade among the Chirokees and 
other Southern Indians are returned home and withdrawn their Effects, 
as not finding sufficient Encouragement for continuing that Commerce ; 
and being apprehensive that if the said Indians should come to under- 
st d that they are not like to have any further Trade from hence, it w 11 
give them ground to suspect the inclinations of this Gov* to continue in 
Peace w th them, judge it most advisable to return the following An- 
swer — viz 1 — 

That this Government w 11 always be ready to treat the Chickasaws 
as Friends, but that the frequent Wars between them and the Neighbour- 
ing Indians renders it dangerous for our Traders to go among them, 
and w 11 discourage any such Trade untill the Traders can travel with 
safety. That nevertheless if this Governm* finds any of the Traders 
inclinable to venture on so long and dangerous a Tourney Orders shal 
be given them to Trade with the s d Chickasaws and to use them w th 
all kindness and Justice. But because it is uncertain when any of the 
said Traders will go that way, If the Chickasaws think it worth their 
while, they may be supplyed with Arms and Ammunition at Christanna 
provided they come thither in such manner as may give no uneasiness 
to the Inhabitants. 

And the said Indian together w th the Chirokees being brought into 
the Council Chamber, The Governor caused the Interpreter to explain 
to 'em the aforesaid Answer. 

And the Chirokees by one of their Great Men, acquainting the 
Governor that their Nation observing y e Factors of the late Indian 
Comp ny had totally withdrawn their Effects out of their Country, by 
wch they were apprehensive they shou'd have no further Trade w th 
this Colony; their Nation had thereupon sent them hither to desire y e 



2 Executive Journals, Council of Colonial Virginia 

continuance of the Trade w tb Virg a , as that wch they most desire : Upon 
wch the Governor w th the Advice of the Council returned them the 
same Answer as was given to the Chickasaws. 

And after some further Conference w th y e Deputys of the Chicka- 
saws and Chirokees Nation, relating to their making Peace with the 
Five Nations, whose dep tys were likewise present, the particulars of 
wch Conference appear among the Indian Treatys and Transactions, 
The said Indians withdrew. 

Order'd 

That there be presented to each of the Great Men of the Chickasaw 
and Chirokee Indians now here, One Trading Gun, or Fuzil, and as 
much powder and Shott as they shall have occasion for in their Journey 
home, and that the same be delivered them at Christanna. 

On the Petition of Geo Homes Sen r and Geo Homes Jun r 
Leave is granted them to take up in one Tract five thous d Acres of 
Land in the County of Spotsylvania, bounding upon the South East 
Line of a Survey made by Jn° Baylor and James Taylor & others, 
Begining at their five Corner hickorys on the South East side of a 
Mountaine and runing upwards for the Complement. This Board 
being satisfied with their Ability to Cultivate the same According to 
Law. 

At a Council held at the Capitol October 30 th 1721 

Present 

The Governor 

Edmond Jenings Mann Page 

Robert Carter Peter Beverley & 

Philip Ludwell Jn° Robinson Esq" 

On reading at this Board a Petition of the Chief men of the 
Nansemond Indians Complaining that one Will 1 " Fowler of the County 
of Isle of Wight hath obtained a Grant from the Governor of North 
Carolina for the Land lying about the said Indian Town, and including 
all their clear'd Grounds on y e upper side of the said Town, and as y e 
Petition" are informed the said Governor of North Carolina hath given 
Orders for Surveying the said Land, alledging it belongs to his Govern- 
ment, and that the said Indians shall not enjoy it any longer because 
they w 11 not pay Tribute to him, and praying that the said Land may 
be secured to the said Indians. This Board taking the said Petition 
into consideration, and it appearing that the said Grant (if any such be) 
made to the above named M r Flower, is espressly contrary to the 
Agreement enter'd into between the two Governments, that no Entrys, 
Surveys or Grants should be made by either for Lands within the 
Controverted bounds untill the final determination thereof ; The Gov- 
ernor with the Advice of the Council is therefore pleased to Order, as 
it is hereby Ordered, That in Case y e said Will" 1 Flower or any other 
person shal under such pretended Grant from the Government of North 



Executive Journals, Council of Colonial Virginia 



Carolina, or otherwise offer to seat any Plantations, or make any Build- 
ings or improvements upon any of the Lands assigned either to the 
said Nansemond Indians-, or y e Maherines, that then upon Notice thereof 
given to the Sherifs of the Countys of Nansemond or Isle of Wight or 
either of them, the said Sherifs and each of them be, and they are hereby 
Ordered & Required forthwith to pull down and destroy all Houses, 
Fences, and other improvements so made on or near any of the said 
Indian Lands. And in Case of resistance to take with them respectively 
the Posse of their Countys for the better putting this Order in Execu- 
tion. 

And the Council desire the Governor to transmitt a Copy of this 
Order to the Governor of N Carolina, that he may thereby be reminded 
of the Engagements he is under as to y e Lands within the controverted 
bounds. 

Order'd 

That the Sum of Seven hund d pounds Sterling out of his Majes- 
tie's Revenue of 2s per hh d & c be paid to the Governor towards defraying 
the Charges of Erecting Batterys and mounting thereon the Canon for 
the defence of the Rivers, and that the remainder of the said Charge 
be brought to Accompt, and paid out of the next half years Revenue 
when the said Batterys are entirely finished, and the Expence thereof 
fully stated. 

On a Representation made to this Board in behalf of Cap' Alexan- 
der Gradwell Commander of the Ship Hey Dock of Leverpool, who 
loaded in Potowmack River and Enter'd his Ship as well in Maryland 
as Virginia; It is Ordered that the said Cap' Gradwell be charged with 
no more than the duty of 2s per hh d on so much of the Loading of the 
said Ship as was really taken on board within the District of South 
Potowmack in this Colony. 

On the Petition of Christophor Jackson, Leave is granted him to 
take up in one Tract two thousand Acres of Land in the County of 
Spotsylvania, joining on the Surveys of Gawin Corbin Gent and Hugh 
Jones Cler if there be so much to be found there not already Entered 
for : this Board being satisfied of his Ability to Cultivate the same as 
the Law directs. 

At a Council held at the Capitol November 3 d 1721 

Present 

The Governour 

Edmund Jenings William Bassett 

Robert Carter Nath 1 Harrison 

Philip Ludwell Cole Digges and 

Peter Beverley Esq" 

Sundry Acco' s of Charges for the Accomodation of the Deputys 
of the five Nations and of the Chickasaw and Chirokee Indians, and for 
presents made to the Deputys of the said five Nations and other Con- 
tingent Charges, being laid before the Board were regulated & allowed. 



Executive Journals, Council of Colonial Virginia 



A Petition of Joel Whatson & Rob' Thornton of London Merch" 
Creditors of Thomas Crook late of the County of Henrico in this Colony 
Dec d praying that they may be admitted to take out a patent for a 
Tract of Land taking up by the said Crook in the Fork of James River, 
they being willing to allow out of their Debt as much as the said Land 
with the Improvements are really worth. It is Ordered that the said 
petition be Lodged in the Council Office, and that Notice be given to 
Mr. Thomas Randolph Administrator of the Estate of the said Crook; 
to the end he may be heared thereon before the Governor in Council at 
the next General Court. 

At a Council held at the Capitol November 4 th 1721 

Present 

The Governor 

Robert Carter Nath 1 Harrison 

Philip Ludwell Cole Digges & 

William Bassett Peter Beverley Esq" 

Robert Carter Esq r Agent for the Proprietors of the Northern 
Neck moving for a Commission as Escheator for the said proprietors 
Lands as shall Lapse & Escheat there may be found by Inquest accord- 
ing to the Laws of England and this Dominion ; It is the opinion of 
the Council and accordingly Order'd that a Commission be prepared 
for the Governors Signing Constituting the said Robert Carter Esq 1 " 
Escheator of the Northern Neck. 

For the better Supplying the Inhabitants with Rights to take up 
Land Ord" that the Officers of the Revenue have power to make out 
One thousand new Certificates of Rights besides those already struck. 

The following Warr ts on the Rec r Gen 1 to be paid out of his 
Maj ty ° Revenue of 2s per hh d &c were this day signed by the Governor 
in Council Vizt — 

To the Governor Half a Years Sallary ending the 

25 th of last month £1000. 

To the Gent" of the Council for the same time £ 175 .0 

To the Sollicitor of the Virginia Affairs for d° time. . 50. . 

To the Aud r Gen 1 of the plantations for d° time 50 . . 

To his Maj tys Attorney Gen 1 for d° time 20. . 

To the Clerk of the Council for the same time 50. . 

To the Gunner of James City for d° time 5 . . 

To the Armourer for the same time 6 . 

To the Ministers for their Attendance last Gen 1 Court . . £ 6 . 

To the Governor towards the Expence for the Batterys . £ 700 . . 

To sundry contingent Charges £ 104. 15 

The Acco ts of His Maj tya Revenues of 2s per h d being Examined 
by the Aud r and sworn to by the Rec r Gen 1 were this Day certified 
by the Governor in the usual form. 



Executive Journals, Council of Colonial Virginia 5 

On the Petition of James Terry, Jn° Kembro Will m Byrd and 
Cornelius Keith Leave is granted them to take up five thousand Acres 
of Land lying in the County of New Kent. 

Ordered 

That the Caveat ent d by Rich d Ballamy ag st Fran 3 Whiting be 
set aside. 

At a Council held at the Capitol December 13 th 1721 

Present 

The Governor 

Edmund Jenings Cole Digges 

Philip Ludwell Peter Beverley & 

Will m Bassett John Robinson Esq" 

John Clayton Esq r having reced a Com under the Seal of the 
High Court of Admiralty of Great Britain constituting him Judge of the 
High Court of Vice Admiralty within this Dominion and producing 
a Certificate of his having (as such) taken the Oaths to the Governm' 
before the County Court of James City, had this Day the Oath of 
Judge of the said Court of Vice Admiralty administred to him by the 
Governor in Council. 

The Governor communicated to the Council a Memo 1 w ch he 
lately received from John Grymes Esq r Deputy Auditor of his Maj tys 
Revenues, setting forth that by several Decrees of the Court of Vice 
Admiralty of this Colony within these three Years past, the proceeds 
of sundry Pyratical Effects and other sums of money taken from 
Pyrates had been paid into his (the Governors) hands for the use of 
his Maj ,y , the Acco ts whereof the said Deputy Auditor concieves ought 
of right to be Audited by him, and all Sums of money appearing due 
thereupon paid to this Maj trs Rec r Gen 1 here. That by an Order 
of the Lords of the Treasury formerly sent hither, Their Lordps had 
sufficiently Expressed their Sentiments therein ; but more particularly 
he is lately informed by the Auditor Gen 1 of the Plantations that y e 
owners of the Ship Calabar had obtained his Maj trs Warrant directing 
the delivery to the said Owners of one & twenty Negro Slaves wch 
were condemned here as Pyratical Effects : by the words of wch War- 
rant, His Maj ty supposes the produce of those Slaves (if sold) to be in 
the hands of his Rec r General here: And therefore praying that all 
such Pyratical Effects and sums arising by the Sale thereof may be 
directed into the hands of the said Rec r Gen 1 in order to their being 
brought to a regular Ace' & Audit. After reading of wch Memorial 
y* Governor was pleased to informe the Board, that being impow d and 
directed by His Majestys Instructions to take into his hands all Pyratical 
Effects wch shal be brought into or found within this Colony, and to 
secure the same untill his Majestys pleasure should be signified ; and 
being also impowered and directed by his Commission as Vice-Admiral, 
to receive all Forfeitures belonging to the Admiralty, he had judged 



6 Executive Journals, Council of Colonial Virginia 

himself sufficiently Authorized to detain the Pyratical Effects condem" 
as such in the Court of Vice Admiralty untill he should receive his 
Maj ty ' 8 directions thereupon, and especially since the Court of Admiralty 
had not absolutely decreed those Effects to his Maj ty but with a Salvo 
to the right of the lawful Owners ; That therefore upon receipt of the 
Order from the Lords of the Treasury mentioned in the above warrant 
he had transmitted to their Lordps a Justification of his proceedings, 
together with the reasons given by the Court of Vice-Admiralty for 
Decreeing those Effects into his hands, and since that time had received 
no Answer from their Lodps, nor any signification of his Majesty's 
pleasure untill of late that he had rec d a Warrant under his Maj ty ' 3 
Sign Manual, countersigned by the Lords of the Treasury, for delivering 
to the Owners of y e Calabar Merch* twenty one negro Slaves con- 
demned here as Pyratical Effects: In w ch Order (w ch the Governor 
caused to be read at the Board) there are these words "or in case they 
(the s d Slaves) or part of them are sold, You are then to give directions 
to the Rec r Gen 1 of our Revenues to pay to the said Cap 1 Tho 
Kennedy the exact Sum or Sums w cb have been recd for the Sale of the 
said Slaves. Which words the Auditor Gen 1 seems to understand as 
a Declaration of His Majesty's Intentions that the produce of such 
Pyratical Effects should be put into the hands of the proper Officers 
of the Revenue. And the Governor declared he was willing to under- 
stand them in y e same Sense, being desirous to discharge himself of 
the Custody of so considerable a Sum of money, whereof he runs a 
great risque: And thereupon desired the opinion of y e Council if he 
might with safety deliver the said Pyratical Effects into the hands of 
the Rec r Gen 1 according to M r Gryme's Memorial. The Council hav- 
ing taken the same into Consideration, are of Opinion, that the Gov- 
ernor having already received the Sentiments of the R 1 Hon ble the 
Lords of the Treasury, that such Effects should be put into the hands 
of the officers of y e Revenue, and now a signification of his Maj ty ' 3 
intentions in the Case of the Pyratical Effects imported in the Calabar 
Merch*, it seems to be the safest course to deliver all such Effects as 
are remaining in his hands to his Maj ty ' 9 Rec r Gen 1 in the same man- 
ner as other Forfeitures accruing to his Maj ty within this Dominion. 
And forasmuch as in all Forfeitures of the like nature a third part doth 
belong to the Governour, and it appearing that Col° Nicholson claimed 
a share of the Pyrate Ship , taken and condemned here in y e Year 

1700; The Council are of opinion that the Governor is entit d to a 3 d part 
of this Forfeiture, and that the other two thirds (deducting 5p C for the 
Collecting and paying thereof to his Maj ty ' 3 use) be by the said Rec r 
Gen 1 brought into the Acco* of his Majesty's Revenues appropriated 
for the Support of this Governm' pursuant to the Declaration of his 
Maj (y King C 2 d upon the first Creation of the Office of Auditor 
Gen 1 of the Plantations, that all Fines forfeitures and other Revenues 
under the Audit and Inspection of the said Office, should be Imployed 
and appropriated towards the better support of this Government, w ch 
may be the more reasonably expected in this Case where so great Sums 



Executive Journals, Council of Colonial Virginia 



have been expended out of the standing Revenue for the Tryal of the 
Pyrates from whom these Effects were recovered, and for putting the 
Country in a posture of defence against the future Attempts of others, 
who are greatly provoked against this Colony for the examplary punish- 
ment some of their Associates have suffered here; And because it has 
been directed by this Board that divers extraordinary Charges arising 
upon the apprehending of Pirates, and discovering and Seizing their 
Effects should be defrayed and paid [manuscript torn] 
in the hands of the Governor, It is the further Opinion of this Board, 
that all the said extraordinary Charges be repaid out of the same Effects 
by the Officers of the Revenue, and allowed in their Acco ts . 

Robert Innes having made application to this Board for an allow- 
ance of 5 per C* out of the Kings third part of the money arising by the 
sale of the Ship Prince Eugene condemn'd by the Court of Vice- 
Admiralty for illegal Trading, he having sold the said Ship and ac- 
counted for the value : It is y e opinion of this Board, that the same 
is a reasonable allowance for the s d service, but that the Officers of the 
Revenue be heared in Case they have any objection thereto. 

On the application of the Owners of the Bregantine Baylor Ord d 
that forty barr 119 of powder be delivered them out of his Maj* 5 " 3 
Magazine, they giving Bond to return the like quantity of new Powder, 
into the said Magazine by the first oppertunity of Shipping from Lon- 
don, clear of all Charges. 

The following Petitions for leave to take up Land were read & 
Grant 11 Vizt. 

To Fran 8 Epes 2000 Acres upon Appomatox River in Prince 
George County, Beginning on the said River just below Andersons 
Ford, thence up the River to Wintecopack Creek and up the Creek 
according to it's Meanders, and by other Courses to include y e said 
Quantity. 

To Fran 8 Epes & Rich d Kennon four thousand Acres in Hen- 
rico County, Beginning on Appomatox River at y e mouth of Skin- 
quetter Creek, thence down the said River to a Corner of the said 
Epes's Land and along the said Epes's lines to Middle Creek, and 
up the said Creek, and other Courses to Skinquarter Creek aforesaid, 
to include y e said Quantity. 

To Jn° Martin Gen 1 three thous d Acres in Henrico Co y upon y e 
River Byrd adjoining to y e Pet" Land lately purchased of [ms. defec- 
tive] 

To Dyer Colston Read three thousand Acres in Spotsylvania 
County upon the head of the River Po. 



Executive Journals, Council of Colonial Virginia 



At a Council held at y e Capitol March 7 th 1722 

Present 

The Governour 

Edmond Jenings Nath 1 Harrison 

Phil Ludwell " Cole Digges & 

Jn° Robinson Esq" 

The Governor having this day communicated to the Council the 
Copys of certain Transactions between the Comm" for Indian Af- 
fairs at Albany, and the Deputys of the Five Nations; and the same 
were read, importing in Substance, that one of the Deputys of the 
said Indians sent last Summer to Treat with this Government was re- 
turned and reported that the other four Deputys sent with him were 
all poisoned here by the Indians Tributary to Virginia; And that there- 
upon the said five Nations, expected that this Government should de- 
liver up to them four boys as a satisfaction for the loss of their four 
Great Men ; intimating that no other satisfaction would be accepted 
by them, and threatning in case of refusal to revenge themselves on 
the Inhabitants of Virginia, as being (as they say) the same People 
with the Indians — After reading of wch said Tran[s] actions at Albany 
with the Letter accompanying them from the Comm rs for Indian 
Affairs to the Governour of New York [ms. defective] 
in wch the aforementioned Deputys of the five Nations came into this 
Governm', the circumstances of the Death of those two of 'em who 
dyed here, and the discourse of the other three who were sent back 
from hence to Annapolis, are unanimously of opinion that the report 
of the said Dep ty ' s being poisoned by any of the Virg a Indians, is 
altogether false and groundless, and that therefore the satisfaction 
demanded by the said five Nations is unjust : That in Order to con- 
fute the said Scandalous and groundless rep s ; the Governor is desired 
to represent to the Governor of New York that two of the said Deputys 
arrived in this Government in a very bad state of health, and dyed in 
a few days after, the one without conversing with any of the Indians 
tributary to this Governm', and y e other in a days time after his 
Arrival at the Nottoway Town, a place were the said Deputys chose 
to go to because of the friendship between the five Nations and the 
said Nottoway Indians : That the other three wch Survived, during 
the whole time of their Abode here, w ch was near three months, tho 
two of them were sick almost all the while, never expressed the least 
Apprehension of their being poisoned in this Colony, or by any of it's 
Indians, but on the contrary parted with the Chiefs of the Virginia 
Indians, with all the outward signs of friendship imaginable. That they 
did indeed let fall some Expressions as if they had been poisoned by 
some Maryland Indians who parted with them at an Island on Chesa- 
peak bay as they were on their way to Virginia, but their Distemper 
appearing to be only a common intermitting Fever, no other regard 
was had here to that Suspicion of theirs, than to impute it to the natural 



Executive Journals, Council of Colonial Virginia 



Jealousy the Indians always have of one another : That whether y e 
same was true or false, imports nothing to this Gov 4 , seeing three of 
y e said Dep tys went from hence in a much better state of health than 
when they Arrived here, and it appears by [ms. defective] 
intrusted by this Government for transporting them to Annapolis had 
delivered them safe there. And that if any foul practices were used 
towards the said Deputys in their Journey home, it is most probable 
the same were committed by one of their own Number whose name 
is Sketowass, and is a Tuscaruro Ind n ; who having in all his behaviour 
here, Acted the part of an Incendiary Rather than a Messenger of 
Peace, may be justly suspected guilty of destroying those of his Com- 
panions who would not joine in his Designs. That nevertheless this 
Gov* is willing to referr the Examination of this affair, to the intended 
Treaty at Albany. But in case the Indians of the five Nations shal 
not be satisfyed with this Justification and Proposal, but w 11 insist 
on revenging themselves, that then the Governor of New York be re- 
quested to send such timely intimation of their Designs that this Coun- 
try may be prepar'd to defend it's Frontiers, and to give the said In- 
dians such a reception as they deserve. 

Whereas since the issuing the Writts for calling the present Gen 1 
Ass bly , sundry new Countys have been Erected wch are entituled by 
Law to the Choice of Burgesses in y e ensuing Session w ch is appointed 
to be held the 9 th of May next; It is the opinion of this Board, and 
accordingly Ordered, that Writts issue for y e Election of Burg ss for 
the Countys of King George & Hanover, but for as much as the Countys 
of Brunswick and Spotsylvania are yet so thinly Inhabited that there 
are neither Courts nor officers of Justice erected in either of them, It 
is y e Opinion of this Board, that no Writts issue for any Election of 
Burgesses in either of them. 

On reading at this Board a Representation from the Justices of 
King William County setting forth that upon a Motion made for build- 
ing a New Court House in the said County, their old Court House be- 
ing ruinous, and two places being proposed for that purpose, The Court 
were divided upon y e Choice of the said places, and therefore had 
agreed to Submitt the same to the Governor: And there being also 
read at the Board a pet n of sundry of the Inhab ts of the said County, 
praying that the said Court House may be built on the Land of Maj r 
W m Aylett, and the said Aylett offering to assure to the County the 
Land whereon y e said Court House shal be built together with the 
priviledge of Timber for building of the same on any part of his 
adjoining Tract. The Governor was pleased to declare in Council, that 
in pursuance of the above submission, he did appoint the Court House 
for y e said County to be built on the Land of Maj r W m Aylett on 
Mattapony River near the said Ayletts Storehouse that being nearest 
the Cent" of the County, and most convenient to the greater number 
of the Inhab ts , he y e s d Aylett complying w th his afores 4 proposal 
of giving the Ground and priviledge of Timber for building the said 
Court House. 



10 Executive Journals, Council of Colonial Virginia 



Ord d 

That there be paid out of his Maj ty ' s Revenue of 2s per hh d the 
sum of twelve pounds Curr' money to M r Rob 1 Tucker for the 
Charges of his sloop employed for y e transporting to Annapolis the 
Deputys sent hither from the five Nations, and for sundry presents 
delivered them by the said Tucker. 

New Commissions of the Peace were this Day Ord d to Issue for 
the Countys of York and King William and several new Justices added 
thereto. 

On the Petition of Jos Stretton, late Mas tr of y e Ship Prince 
Eugene of Bristol, setting forth that on y e said Ships arrival last Sum- 
mer in Virginia from the Island of Madagascar, he put into the hands 
of Cole Digges Esq r sev 1 baggs of money to be by him remitted to 
the Owners of the said Ship ; That the pet r being soon after taken up, 
and Carryed to England on Suspicion of being Accessary to Pyracy; 
he is Informed that by an Order of this Board, the said money has 
been directed to be secured in the said Cole Digge's hands as piratical 
Effects, and praying that since he hath been Tryed & Acquitted in 
England of the said supposed Piracy, the money may be delivered up 
to him for the benefit of the Owners. It is thereupon Ordered that 
the said money be delivered to the Petitioner for the use of the Owners 
of y e aforesaid Ship, it appearing to this Board, that the said Stretton 
hath been acquitted in England of the Offence whereof he stood ac- 
cused, and for wch the said money was at first Ordered to be secured. 

On the Petition of Philip Ludwell Esq r and Nich s Merriweather 
and Ch r Clerk. Leave is granted them to take up in one Tract, ten 
thousand Acres of Land in y e County of Hannover, beginning at a 
little Mountain on the South Side of the River Northanna and extend- 
ing Southerly along the foot of the little Mountains towards the 
branches of the Southanna & James River, This Board being satisfy'd 
with their Ability to Cultivate the same according to Law. 

At a Council held at the Capitol April 16 th 1722 

Present 

The Governor 

Edmond Jenings William Bassett 

Philip Ludwell Cole Digges & 

John Lewis Peter Beverley Esq" 

Nath 1 Harrison Esq r producing a Deputation from Horatio 
Walpole Esq r Aud r Gen 1 of his Majestys Plantations constituting 
him the said Nath 1 Harrison Deputy Auditor of his Majestys Revenues 
within this Colony, took the Oaths appointed by Act of Parliament to 
be taken instead of the Oaths of Allegiance and Supremacy, the Ab- 
juration Oath, the Test, and Oath for the due discharge of that Office. 

Jn° Grymes Esq r producing a Commission under his Majestys 
Sign Manual, constituting him Rec r General of all his Majestys 



Executive Journals, Council of Colonial Virginia 11 



Revenues within this Colony, Entered into Bond together w th Philip 
Ludwell Esq r and Archibald Blair Gen' as his Securitys for the due 
discharge of that Office, and then took the Oaths appointed by Act 
of Parliament to be taken instead of the Oath of Allegiance and 
Supremacy, the Abjuration Oath, Subscribed the Test, and took the 
Oath for the due Execution of that Office. 

At a Council held at the Capitol April 19 th 1722 

Present 

The Governor 

Edmund Jenings Nath 1 Harrison 

Philip Ludwell Mann Page 

Jn° Lewis Cole Digges & 

Will m Bassett Peter Beverley Esq" 

The Governor laid before the Council the Copy of a Letter written 
by him to the Governor of New York in pursuance of the Resolutions 
of this Board on the 7 th of March last, relating to the Accusations and 
Demands of the Five Nations: And the same was Read and approved 
of as comformable to the unanimous Sentiments of this Board and 
Ordered to be Entered in the Council Books. 

The Governor informing the Council that application had been 
made to him by divers persons for signing Patents for Lands taken up 
by them in the Countys of Spotsylvania and Brunswick, and that he 
had hitherto delayed Signing the said Patents, in expectation of receiv- 
ing the signification of his Majestys Pleasure on the Address of the 
General Assembly, & desiring the Advice of y e Board therein. The 
Council are thereupon of Opinion that Patents be Granted to such as 
desire the same upon their giving Security to pay for the Rights in 
case his Maj ty sh Id not think fitt to remitt y e same according to y e 
Address of the Ass bly 

On the Petition of W m Beverley Gen* Leave is granted him to 
take up in one Tract six thousand Acres of Land in the County of 
Spotsylvania joining upon a Tract of Land granted by Patent to the 
Petitioners Father, and called by the name of Elkwood. This Board 
being satisfyed of his Ability to Cultivate the same according to Law. 

On the Petition of Mathew Mayes, Will m Mayes, Richard Jones, 
John Tully, James Tucker & Howel Edmunds, Leave is granted to 
them respectively to take up & patent any quantity of Land not exceed- 
ing one thousand Acres Adjoyning to their several & respective planta- 
tions in Prince George County, and that upon return of Surveys of the 
said Lands patents be granted to the petitioners respectively for the 
Quantitys by them taken up including their present Settlements or in 
separate Patents as they shall think fitt. 

On the Petition of John & Jo m Epes Leave is granted them to 
take up five hundred and thirty eight Acres of Land on Gravelly Runn 



12 Executive Journals, Council of Colonial Virginia 

in Prince George County, this Board being satisfied with his Ability to 
Cultivate the same according to Law. 

To Cap 1 Richard Jones six thousand Acres on Tray Creek in 
Prince George County, this Board being satisfied of his Ability to 
Cultivate the same according to Law. 



At a Council held at the Capitol May 9 th 1722 

Present 

The Governour 

Edmond Jenings Nath 1 Harrison 

Philip Ludwell Cole Digges & 

Peter Beverley Esq rs 

The Governor was pleased to nominate the following psons to be 
Sherifs for the ensuing Year Viz 1 — 

Henrico Henry Anderson 

Pr George John Scott 

Surry Thorn 8 Cocke 

Isle of Wight Thorn 8 Walton 

Nansemond Cha Drury 

Norfolk Sam 1 Boush 

Pr Anne Hilary Mosely 

Eliz" City John King 

Warwick Miles Willis 

James City Jn° Netherland 

York Tho s Nelson 

Northumberland Rich 3 Spann 

Richmond Will™ Dowman 

King & Queen Hen Hickman 

Gloscester Geo Dudley 

Middlesex Math Kemp 

Essex Rob' Brook 

New Kent Cha Lewis 

Hannover Rob' Jenings 

Charles City Will" 1 Aerell 

King Will m Tho 8 Carr 

King George Jn° Dinwiddy 

Stafford French Mason 

Westmorland Geo Tuberville 

Lancaster Rich" Chichester 

Accomack W m Burton 

Northampton Ralph Pegot 



Executive Journals, Council of Colonial Virginia 13 

At a Council held at the Capitol May 10 th 1722 

Present 

The Governour 

Edmond Jenings Cole Digges 

Philip Ludwell Peter Beverley & 

Nath 1 Harrison Jn° Robinson Esq" 

The Gov r having laid before the Board a Petition of Rob 4 Jor- 
dan & Joseph Jordan, two Quakers, setting forth that they being Sum- 
moned as Witnesses in a cause depending before the Court of Nanse- 
mond County, were by the said Court committed to Goal for refusing 
to take the solemn Affirmation according to the forme prescribed by 
the former Acts of Pari* and representing they were then ready and 
still are to make such Affirmation as they understand is allowed by the 
Gov* in England, to the People of their profession, w ch they say is in 
these Words, Vizt : I A : B do truly and sincerely Affirm — It is the 
opinion of this Board that if the Petitioners claim benefite by any late 
Act of Parliament they ought to Show the said Act, and to make appear 
they are Entitled to the Indulgence thereby granted ; But untill such 
Act of Pari* be publickly known, they ought to con forme to the prac- 
tice heretofore Established by Law in the like Cases. 

Nath 1 Harrison Esq" his Maj ty ' 3 Auditor praying the directions 
of the Board, how he is to receive the Q u R ts of certain Lands held 
by Rob' Boiling, without patent or Survey for Wch by an Order of 
this Board dated the 28 th day of Octo r last, he was adjudged to pay 
from Michss 1717, as a fine set upon him, for transgressing the Orders 
of Governm* And it being urged in behalf of the said Boiling, that he 
is within the benefite of his Majesty's Gen 1 pardon. This Board, on 
Consideration thereof, do declare the said Robert Boiling to be within 
the benefite of his Majestys most gracious Pardon, and Ordered That 
he be discharged of the payment of the said Q u R" — 

At a Council held at y e Capitol May 12 th 1722 

Present 

The Governor 

Edmund Jenings Cole Digges 

Philip Ludwell Peter Beverley & 

Nath 1 Harrison John Robinson Esq" 

The Governor informing the Council, that he found the House 
of Burg as are inclined to his being at the head of the Treaty intended 
to be had this Summer at Albany with the Five Nations of Northern 
Indians : That though so long an Absence from this Government as that 
Negotiation may necessarily require will be injurious to his private 
Affairs, Yet he shal always be willing to gratify the desires of the 



14 Executive Journals, Council of Colonial Virginia 



Peoples Representatives, if this Board shal be of opinion y* his Under- 
taking that Journey, may prove of Advantage to his Majestys Service, 
and the benefite of this Colony; And therefore desired the Advice of 
the Council thereon The Council thereupon declare their unanimous 
Opinion, that the Governors Presence at the said intended Treaty, w 11 
not only be for the Service of his Majesty, and this Colony, but 
absolutely necessary for the compleating that Work whereon the 
Tranquility of his Maj ty ' s Subjects here, so greatly depends. 

On application of the Justices of Isle of Wight County. Ordered 
that a new Commission of the Peace issue for the said County. 

At a Council held at the Capitol May 30 th 1722 

Present 

The Governor 

Edmond Jenings Nath 1 Harrison 

Philip Ludwell Cole Digges 

John Lewis Peter Beverley & 

John Robinson Esq" 

On reading at this Board a Memorial from Will" 1 Cole Gen 4 
late Deputy Rec r Gen 1 of his Majestys Revenues; Setting forth that 
during the time he acted in that office as Deputy to M r Roscow he 
reed for the O u R tB due & pay ble to his Maj ,y the sum of Nineteen 
Hundred & eight pounds three shillings & five pence halfpenny in the 
Spa Coine & other Silver Species at y e rate of 17 1/2 penny weight 
for five Shillings Sterl ; w ch money is now in the hands of the Execu- 
tor of the s d Roscow, and praying that the same may be accepted in 
Specie as it was reed, in discharge of so much of the Ballance due to 
his Maj ty from the said Executor. This Board on Consideration of 
the said Memorial are of Opinion, and accordingly Ordered, That for 
so much as the said Will m Cole, shall make appear to have been re- 
ceived for the Q u R ts the Executors of the said Roscow be allowed to 
pay the same in Specie as it was reced : But whereas it hath been 
represented to this Board, by the principal Rec r Gen 1 that there is a 
difference between the said money as reed pursuant to the Orders of 
the Governm', and Bills of Exchange, wherein he is Obliged to pay or 
remitt the same to England : It is the further opinion of this Board 
that the present Rec r Gen 1 be allow'd in his Accompts as much as 
w 11 make y e money now to be reed of M r Roscow's Executor, and 
what he hath this Year rec d for his Maj ,y ' 8 Q u R t9 , equal to Sterl 
w ch is fifteen pCt on the Currency of this Country, being the present 
Course of Exchange. And for the better ascertaining the difference 
between y e money rec d for his Maj' 5 " 9 O u R ts , and y e payment & Re- 
mittances w ch the s d Rec r Gen 1 is obliged to make out of y e same, It 
is Ordered, That it be a standing Rule for the Future, that y e Course 
of Exch* be Yearly ascertained at this Board in the month of April, 
before passing the Accompts of the Q u R t9 ; And that the Rec r Gen 1 



Executive Journals, Council of Colonial Virginia 15 

do make up his Accompts of the said Revenues in Sterl according to 
the Course of Exch a so ascertained. 

At a Council held at the Capitol May 31 st 1722 

Present the Governor 
and Council 

Whereas an Address hath been prepared by both Houses of Assem- 
bly requesting the Governor to preside in the Negotiations intended to 
be had this Summer at Albany with the Indians of the five Nations, 
and the Sum of one thousand Pounds given for defraying the Expence 
of the said intended Treaty : And whereas the Governor was this 
day pleased to desire the Advice of this Board, in what manner to form 
the said Embassy agreeable to the intentions of the Gen 1 Assembly, 
and proportionable to y e sum given for that purpose : It is the Opinion 
of this Board, that it w 11 be very much for the Service of this Governm*, 
that the Governor do take upon him the management of the Conferences 
w th the said Indians in conjunction with such other Comm 9 as he shall 
think fitt to Nominate. That two Comm" (whereof one to be of the 
Council, and one a Member of the House of Burg ss w 11 be sufficient 
to be joined with the Governor in the s d Treaty; That there be a 
Secretary appointed for preparing such Memorials, and other Instru- 
ments, as shall be found necessary in the said Negotiation: That all 
Travelling Charges and other Expences arising on the said Treaty be 
defrayed out of the money given for that purpose: That there be al- 
lowed out of the s d money for the trouble of the Comm rs Vizt : To 
such Member of his Majestys Council as shal be employed in that Serv- 
ice the sum of Twenty five shillings per diem. 

To the other Commissioner, being a Member of y e House of 
Burgesses twenty shillings per diem, and 

To the Secretary fifteen Shillings per diem. 

And Whereas it is judged necessary that Rob* Hix, an ancient 
Indian Trader, well acquainted with sundry Affairs of the Northern 
Indians, do attend the Comm rB on this Treaty ; It is Ordered that the s d 
Hix be allowed for his trouble y e sum of five shillings per diem besides 
his necessary Charges. 

At a Council held at the Capitol June 2 d 1722 
Present The Governor 

Edmund Jenings John Lewis Cole Digges 

Robert Carter Will m Bassett Peter Beverley & 

Philip Ludwell Nath Harrison John Robinson Esq rs 

The officers of his Maj tys Revenue, representing to this Board 
that Rob 1 Carter Esq r Agent for y e proprietors of the Northern Neck, 
hath lately laid Claim to the Fines, Forfeitures, Deodands, and other 
Casualtys Arising within y e s d Territory, wch they conceive ought to 



16 Executive Journals, Council of Colonial Virginia 

be answ d & paid into their hands, for the use of his Maj ty ; And it ap- 
pearing to this Board upon perusing the Letters Patents granted to the 
Proprietors of the said Northern Neck, that then the Right claimed by 
the said Proprietors ought to be determined by Law For the more 
speedy & amicable determination thereof ; It is the opinion of this Board, 
That the Attorney Gen 1 in behalf of his Majesty, and the said Agent 
in the behalf of the Proprietors do prepare a Case to be argued before 
y e next Gen 1 Court upon y e s d Letters Patents, and y e Right Claim'd 
thereby to such Patents, Fines Forfeitures, Deodands & other Casualtys 
as are now in dispute. 

At a Council held at the Capitol June 5 th 1722 
Present The Governor 

Edmund Jenings Philip Ludwell Nath Harrison 

Robert Carter John Lewis Mann Page & 

John Robinson Esq" 

New Comiss" of the Peace for the Countys of Accomack & Lan- 
caster were this day Order'd in Council w th the addition of sundry new 
Justices. 

At a Council held at the Capitol June 7 th 1722 
Present The Governor 

Edmund Jenings Philip Ludwell Nath Harrison 

Robert Carter John Lewis Mann Page & 

John Robinson Esq" 

The Governor desiring the Advice of the Council what time w 11 
be most proper for the next meeting of the Gen 1 Assembly the present 
Session drawing now towards a Conclusion : It is the opinion of this 
Board, that in regard it may be necessary to have another Session of 
Assembly soon after the Gov" Return from Albany, it is not convenient 
to prorogue the Assembly longer that the month of November, and that 
Thursday y e 15 th of that month, will be a proper time for their Pro- 
rogation — 

Ordered 

That a new Commission of the Peace issue for y e County of King 
George, w th y e addition of sundry new Justices. 

Whereas it is necessary that fitt persons be appointed to take care 
of the Batterys erected for the defence of the several Rivers, and to 
have the Charge of the Stores of War Lodged thereat : It is order'd y* 
y e Salarys for that service be as follows — 

To the Gunner & Storekeep r at Point Comfort twelve p d8 Sterl : 
per ann 

To the Gunner & Storekeep' at York, Eight pounds Sterl per ann 

To the Gunner & Storekeep r at Tyndals Point ten p d8 Sterl per ann 



Executive Journals, Council of Colonial Virginia 17 

To the Gunner & Storekeep' at Corotoman five pounds sterl per 
ann 
& 

To the Gunner & Storekeep r at Hobb's hole y e like Salary of Five 
Pounds Sterl per Annum. 

A Memorial being presented to this Board by W m Roscow Execut r 
of James Roscow Esq r dec d setting forth that the sum of £254.18.9 
received by the said Roscows Dep ty for his Maj tys Q u R ts in the Year 
1721, was Stolen out of the Store of M r Arch d Blair Merch* in Wil- 
liamsburg, and no discovery yet made of the same, & praying such 
Recommendation of his Case to his Maj ty , or the Lords Com rs of his 
Maj ty ' 3 Treasury as this Board shall Judge most proper for his obtain- 
ing his Majestys favour in remitting the said Sum out of the Ball a due 
from the said Dec d M r Roscow, It is Ordered, That a Representation 
of y e Pet rs be prepared to the Lords of the Treasury, to be Signed by 
the Governor and Council. 

The Governor acquiainting the Board that being speedily to Set 
out on a Journey to Albany, at the unanimous Request of both Houses 
of Assembly, lest there should be any Controversy touching his Right 
to his Salary as Governour during such his Absence, he judged it neces- 
sary to have that matter Settled by the opinion of this Board. Where- 
upon the Council unanimously declare their opinion that the Governors 
intended Journey, being undertaken for the Publick Service of the 
Government, and at the Request of the Gen 1 Assembly, he is, and ought 
to be As much Entitled to his Salary and all other perquisites as if he 
was Actually present within this Government: To w ch Unanimous 
Resolutions of the rest of the Board, Edmond Jenings Esq r as President 
declared his Consent. 

At a Council held June the 13 th 1722 

Present 

The Governor 

Edmund Jenings Nath 1 Harrison 

Robert Carter Mann Page 

Philip Ludwell Cole Digges 

John Lewis Peter Beverley & 

William Bassett John Robinson Esq" 

The Governor this day desiring the opinion of the Council upon 
certain papers transmitted from S° Carolina, wch he left some Days 
ago for their perusal. The Council thereupon declare; That haying 
seriously consider'd the said papers they are unanimously of opinion. 

That the Act passed in the General Assembly of South Carolina 
in Nov r 1721, is highly injurious to the Trade of this his Maj* y ' 3 
Colony, destructive of the good correspondence between the English 
and the Western Indians, and directly opposite to the intent and 



18 Executive Journals, Council of Colonial Virginia 

meaning of his Majesty's 71 Instruction to the Governor of that 
province : in as much as the s d Act imposes insuperable Difficulties and 
unjust Taxes on the Traders of Virg a , and is calculated rather to pro- 
hibit than regulate the Trade with the said Indians carryed on from 
this Province ; That the lessening the consumption of British Com- 
moditys (wch this Act must effectually do) among the Indians is pre- 
judicial to the Trade of Great Britain and that the laying any Tax 
whereby the Price of Commoditys used in that Trade must necessarily 
be encreased, or the Supplys lessened, is a ready means to lose the 
Affections of the said Indians, who can no otherwise be preserved in 
the British Interest than by the same plentiful Supplys and cheapness 
of Goods as they have been hitherto accustomed to. 

That the Address or Representation of the General Assembly of 
South Carolina to their present Governor, contains many untrue and 
unjust reflections upon the Conduct of his Majesties Lieu 1 Governor 
& the Council of this Dominion. 

That this Treatment of the Colony of Virginia is the most unjust, 
in that it is evident that in all the Transactions this Government has 
had with the Western Indians, the peace, Interest and Tranquility of 
the people of Carolina has been equally regarded with that of the 
Inhabitants of this Colony. 

That the Security of the Frontier Inhabitants of this Colony, made 
it necessary for this Government to propose a peace between the Chiro- 
kees and the Five Nations, And that it is demonstrable that the Schemes 
of the Carolina Assembly for continuing a War between those Indians, 
are founded upon the private Interest of their Traders, and not with 
any view to the General Tranquility of his Majestys other plantations 
equally concerned in the preservation of that good Correspondence with 
the Western Indians, wch his Maj ty has been pleas'd so particularly to 
recommend to the Care of the Governor and Council & Assembly of 
S° Carolina. 

That therefore it is necessary to vindicate this Government from 
the groundless Aspersions in the Carolina Assemblys Address and to 
represent to his Majesty the unjust and imprudent proceedings of that 
province, both with respect to his Maj tys Subjects of this Colony and 
the Indians in Amity with it ; that so the ill Consequences of these 
Measures built upon partial Views, may by his Maj tys Authority be 
speedily prevented. And his Maj tys Lieu* Governor is humbly requested 
to represent the same accordingly. 

The Governor acquainted the Council that pursuant to the desire 
of the General Assembly, he intended to set out on his Journey to 
Albany to treat with the Northern Indians as soon as he shall receive 
an Answer from the Governor of New York what time he has ap- 
pointed for the said Indians to repair to the place of Treaty. 

An Account of sundry Services done by M r Cary of repairing the 
Governors House, & inclosing the Magazine, was laid before the Board, 
and Ordered to be paid out of his Maj ,ys Revenue of 2s per hh d &c. 



Executive Journals, Council of Colonial Virginia 19 

Several petitions for taking up Land were read, and granted as 
follows. Viz*. 

To Edm d Taylor, Will" 1 Todd, Philip Todd and Larkin Chew for 
four thousand Acres of Land in the County of King William. 

To Robert Baylor for two thousand Acres of Land in one Tract 
and four thousand Acres in another in the County of King William. 

At a Council held at the Capitol June 23 d 1722 

Present 

The Governor 

Edmund Jenings Mann Page & 

Philip Ludwell John Robinson Esq rs 

A Letter being prepared pursuant to the Resolutions of this Board 
on the 13th Inst, to the Gov r of S° Carolina, together with sundry 
Obervations on the Act of that province, and other papers transmitted 
from thence were this Day read at the Board and approved. 

On a Representation from the Justices of James City County ; 
Ordered That a new Commission of the peace issue for that County, 
with the addition of the several persons recommended to be Justices 
therein. 

Order'd that the Sum of Forty pounds formerly allowed M r Henry 
Irwin for Services and Charges relating to the Pirates, be paid to the 
Governor in discharge of so much of the money advanced by him for 
the s d Irwin to the Rec r General of his Majestys Revenues. 

Rob' Carter, W m Bassett, Nath Harrison, P Beverley & Cole 
Digges Esq rs Pres*. 

The Governor informing the Board, That the Government of S° 
Carolina have appointed an Agent to sollicit the Royal Approbation of 
the late Act for the Regulation of the Indian Trade, and that therefore 
it seemed necessary on this occasion to supply the office of Sollicitor of 
the Virginia Affairs, wch has been some time vacant by the Death of 
Colo Blackiston he thereupon proposed to the Choice of the Council 
M r Byrd, and M r Carter, declaring it was a matter indifferent to him 
wch of. these two Gent n they shou'd nominate for that Employment. 
Whereupon it being put to the Vote, the Majority were for M r John 
Carter, and accordingly the Governor, was pleased to declare him Sol- 
licitor of the Virginia Affairs. 

At a Council held at the Capitol September 27 th 1722 

Present 

The Hon ble Hugh Drysdale His Maj^ 8 L* Gov r 

Edmund Jenings Will m Bassett 

James Blair John Lewis & 

Philip Ludwell Cole Digges Esq" 

His Majesties Commission to the Right Hon ble George Earl of Ork- 
ney, and also a Commission under his Maj tys Signet and Sign Manual 



20 Executive Journals, Council of Colonial Virginia 

bearing date the third day of April 1722 constituting the Hon ble Hugh 
Drysdale his Majesties Lieu* Governor of this Colony and Dominion in 
the room of Col° Spotswood, being read publickly in the General Court 
House, the said Lieut Governor with the Council went from thence to 
the Council Chamber, where his Hon r took the Oaths appointed by Act 
of parliament to be taken instead of the Oaths of Allegiance & Suprem- 
acy the Abjuration Oath and subscribed the Test, & took the Oath of 
Governor for the due observation of the Acts of Trade. 

A Proclamation continuing all Officers Civil and Military in their 
respective Stations till further order, was prepared, and signed by the 
Govern 1- in Council ; and Ordered to be published throughout the Colony. 

A Commission under the great Seal constituting John Carter Esq r 
Secretary of Virginia was read & Ordered to be Entred in the Secretarys 
Office, and that he give Security before his Maj tys Lieu* Governor for 
the due discharge of that Trust. 

At a Council held at the Capitol October 16 th 1722 

Present 

The Governor 

Edmund Jenings Will™ Bassett 

Robert Carter Mann Page 

James Blair Cole Digges 

Philip Ludwell Peter Beverley and 

John Lewis John Robinson Esq" 

The Governor representing to this Board that there are in the 
publick Goal divers Negros, who had lately formed a design to rise and 
cutt off his Maj tys Subjects of this Colony ; But for as much as his 
Maj tys Attorney General, conceives the Evidence against them being 
only Negros, and those not Christians are not such Evidence as is suf- 
ficient to convict the Criminals upon an Indictment to be exhibited 
against them for high Treason ; and thereupon desiring the Opinion 
of this Board what method shall be taken for proceeding against the 
Offenders. The Council taking the same into Consideration are of 
Opinion, That M r Att ny be directed to proceed against the Offenders 
by Indictm* for Misdemeanors, and that he procure all the Evidence 
that can be found against them. And upon the Motion of M r Attor- 
ney, It is Ordered That M r Holloway & M r Randolph be assigned As- 
sistants in behalf of His Maj ty in the said prosecution. 

The Governor desiring the Opinion of the Council whether the 
present Assembly shall be dessolv'd and what time may be necessary 
for the appointing a new Assembly ; It is thereupon the Opinion of the 
Council, that the present Assembly be Dissolved, & that a proclamation 
issue for that purpose : and It is Ordered that Writts issue for the Elec- 
tion of Burg ss to serve in the succeeding Assembly to meet Wednes- 
day the 5 th of Dec r next. 



Executive Journals, Council of Colonial Virginia 21 

At a Council held at the Capitol October 18 th 1722 

Present 

The Governor 

Edmund Jenings Will m Bassett 

Robert Carter Nath Harrison 

James Blair Cole Digges 

Philip Ludwell Peter Beverley & 

John Lewis John Robinson Esq 1-8 

The Governor laying before the Council the Form of a proclama- 
tion declaring the Gen 1 Ass bly to be dissolved prepared according to the 
form used by Col° Nott, upon his Arrival ; and desiring their Opinion 
whether the said Form be continued upon the present occasion. The 
Council are thereupon of opinion that the said Form be continued for 
dissolving the present Assembly. 

At a Council held at the Capitol October 23 d 1722 

Present 

The Governor 

Edmund Jenings John Lewis 

Robert Carter Will m Bassett 

James Blair Nath Harrison 

Philip Ludwell Peter Beverley & 

John Robinson Esq rs 

A Commission under the Seal of the High Court of Admiralty 
constituting the Hon ble Hugh Drysdale Esq r Vice Admiral of this 
Dominion was read. And the Governor having taken the usual Oaths 
before the Commissioners of the Admiralty in England, the said Com- 
mission was Ordered to be Entred in the Council Books. 

On reading at this Board the Charter of the City of Williamsburgh, 
and consideration of the form of a Writt for Electing a Citizen to serve 
in the General Assembly for that place ; It is Ordered that a Writt be 
prepared, and issue for the said City agreeable to the said Charter. 

On reading at this Board a Letter from the Justices of King George 
County, complaining of Jn° Dinwiddy Gent. Sher^f of the said County 
for a Contempt of the Court; It is the Opinion of the Council That 
the Clerk of the Council write a Letter to the s d Justices directing them 
to cause the Evidence ag st the said Dinwiddie to attend this Board on 
Thursday sevennight; wch day is appointed for hearing both parties 
on the subject matter of the said Complaint. 

On Consideration of several persons who have served as Lookouts 
in princess Ann County, and for setting up Beacons there pursuant to 
the Order of the Governm 4 . It is Ordered that the said Lookouts, and 
the persons Erecting the Beacons, be directed to make their Claims to 



22 Executive Journals, Council of Colonial Virginia 

the General Assembly for that Service; and that the said Lookouts be 
henceforth discharged. 

Cole Digges Esq r Pres 1 

Whereas divers of the Justices & Inhabitants of Nansemond 
County, have by petition to the Gov r represented the inconveniency of 
the place lately appointed by an Order of that Court for erecting a new 
Court House; and there appearing to the Council great Contrariety of 
Opinion among the people there touching the most convenient Scituation 
of the said Court house It is the Opinion of the Council, that the several 
parties be heared before the Governor in Council if they come before 
the End of this General Court ; But if not that the Governor be pleased 
to take upon him the Determination of the present Controversy, and 
give directions for building the said Courthouse at such place as he shall 
judge most convenient for the Inhabitants. 

At a Council held at the Capitol October 31 1722 

Present, The Governor 

Edmund Jenings Nath Harrison 

Robert Carter Mann Page 

James Blair Cole Digges 

Philip Ludwell Peter Beverley & 

John Robinson Esq rs 

The Hon b,e Alex r Spotswood Esq r his Maj tys late IS Governor of 
this Dominion came this Day into Council, and reported that pursuant 
to the unanimous desires of the Council and House of Burg 9es he set out 
on the 28 th of July last in his Majesties Ship the Enterprize for New 
York in order to treat w th the Indians of the five Nations ; that the 20 th 
of August being appointed for their Meeting at Albany, he arrived 
there that day, but it was the 29 th of that Month before all the Sachims 
of those Nations arriv'd ; that the same Day he Entred upon his Negotia- 
tions with them, and made his first propositions for their Assent to the 
preliminary Articles wch were some Years ago, proposed on the part 
of this Government; and on the 6th of Sep r following the Sachims 
and Warriors of the five Nations returned their Answer, & declared 
their Assent to those preliminarys relating to the peace and Boundaries, 
and signed the same ; which being engrossed in parchment together 
with a Map of the Colony of Virginia describing the Limits wch the s d 
five Nations are not to pass without the Licence or passport of the 
Governor of New York, he now delivered in at the Board. And then 
proceeded to relate the further progress of his Negotiations with the s d 
Indians on the 10 & 12 th of Sep r at wch time the Treaty was concluded, 
and the presents on the part of this Governm* were delivered to the 
said Indians ; the Sum of which Conferences are contained in three 
several papers, w ch he now delivered in at the Board. He further 
acquaint* 1 the Board, That upon his return to New York, he had for 



Executive Journals, Council of Colonial Virginia 23 



the more effectual Execution of the said Treaty apply ed to the Gover- 
nor of that Province, & obtained an Order of Council, that no passport 
shall be given by that Government to any greater number of their 
Indians than ten at one time, upon Condition of a reciprocal Engagement 
on the part of this Governm* that no passports shall be given to any 
greater number of our Indians to pass to the Northward. He further 
added sundry particulars relating to the Ceremonial of Treating with 
those Indians, and with regard to the Government in wch the Treaty 
was held; which having been discussed and adjusted between him and 
Governor Burnet and His Council at sundry Conferences previous to 
the said Treaty, He judged they might be of Service to those who 
might hereafter be Employed in the like Negotiations, and had there- 
fore inserted the whole in a Journal which he was now preparing and 
would deliver to the Governor as soon as he had compleated it. And 
having thus finished his Report, and the several Propositions and 
Answers of the Indians being read at the Board; The Governor told 
him, that He was well assured, he spoke the Sentiments of the whole 
Board when He returned him their thankful Acknowledgments for His 
prudent Management of the Treaty now Communicated and for main- 
taining throughout the whole Course of those Negotiations the Honour 
and Dignity of this Colony. 

The following Warrants on the Rec r Gen 1 to be paid out of his 
Majestys Revenue of 2s per hh d port Dutys and head mony were this 
day signed by the Gov r in Council Viz* 

To the Hon ble Alex r Spotswood his Maj tys late L* Governor his 
Salary to the 26 th of Sept r Last £841.10.7 

To the Hon ble Hugh Drysdale Esq r his Majestys L* Governor 
for Salary from the 26 th of Sep tr to the twenty fifth Inst Oct r £158.9.5 

To the Gent" of his Maj tys Council half a Years Salary ending the 
same time . . . £175 

To the Aud r General of his Maj tys Plantations half a years Salary 
ending the same time ... 50 

To the Sollict* of the Virginia Affairs for Salary from the 22 d of 
June to same 25 th of Octo r . . . 34.3.0 

To the Attorney Gen 1 half a Years Salary ending the same time 
. . . £20.0.0 

To the Clerk of the Council half a Years Salary ending the same 
time ... £50 

To sev 1 Minist" for their Attendance one Gen 1 Court & Ass bly . . 
£12.0.0 

To the Gunners of the several Battery s & of James City for their 
Salarys to the same time. £28.8.6. 

To the Arm r 1/2 a Y" Salary to ditto time. £6 

To Will m Prentis for sev 1 Contingent Charges p d by him £66.2. 
And out of the Quitt Rents. 

To M r Com ry Blair half a years Salary ending the 25 th of Oct r 
Instant. £50.0.0. 

To the Atturney Gen 1 half a Years additional Salary ending at 
the same time . . . £30. 



24 Executive Journals, Council of Colonial Virginia 

At a Council held at the Capitol November the 1 st 1722 

Present 

The Governor 
Edmund Jenings Nath Harrison 

Robert Carter Mann Page 

James Blair Cole Digges 

Philip Ludwell Peter Beverley & 

John Robinson Esq rs 

Whereas by the Treaty lately concluded at Albany between this 
Government and the five Nations together with the Tuscaruros & other 
Indians their depend 18 ; It is amongst other things Stipulated, that potow- 
mack and the High ridge of Mountains so far as they extend along the 
Frontiers of Virginia shall be the Established Boundaries between the 
said Indians and those who are Tributary to this Dominion so as neither 
the Indians of the five Nations, the Tuscaruros and other their Depend 13 
on the one part, nor the Indians Tributary to Virginia on the other 
part, shall at any time hereafter pass the said Limits without the pass- 
ports of the Governors of Virg" & New York respectively. And whereas 
for the more effectual limiting the number of Indians to whom pass- 
ports are to be granted in conformity to the abovementioned Treaty, 
the Government of New York hath at the Instance of the Hon ble Alex r 
Spotswood his Maj tys late U Governor of this Dominion agreed, that 
no passport be granted to above ten persons of the said Five Nations to 
go to Virginia, at any one time without the previous consent of this 
Government ; on Condition that the like Resolution of the Governor 
and Council of Virginia with regard to the passports to be granted to 
the Indians Tributary to this Dominion for their Travelling to the 
province of New York, or to the five Nations be signified to the said 
Government of New York. This Board approving of the said Regula- 
tion do unanimously agree that a passport be hereafter not Granted 
to above ten persons of the Tributary Indians at one time to pass into 
the Province of New York, or among the five Nations without the 
previous Consent of that Government And It is Ordered That this 
Resolution be with all convenient Speed transmitted to the Governor 
of the said Province. 

That the Clerk of the Council write to the several Interpreters for 
the Tributary Indians, forthwith & acquaint the said Indians, That now 
a Treaty is concluded by the five Nations upon the Terms proposed in 
Octo r 1721 when the Deputy s of those five Nations attended here at 
Williamsburgh ; That pursuant to the said Treaty none of the said 
Tributary Indians are to pass to the Westward of the great Mountains, 
or cross potowmack River without a passport from the Gov r of this 
Dominion; as on the other Hand none of the Northern Indians are 
to come on this side the s d boundarys without the like passport from 
the Governor of New York under the penalty contained in a late Act 
of Ass bl y of being condemned to Death or transported and sold for 



Executive Journals, Council of Colonial Virginia 25 



Slaves ; That therefore in case any of the said Tributarys should in their 
hunting meet with any of the northern Indians having such passport on 
this side of the Mountains or potowmack River, they are treat them 
as Friends. And that for the better distinguishing between the said 
Indians who are at peace with this Government, and other strange 
Nations who may happen to come within those Limits ; It is agreed by 
the Five Nations, that wherever they In their Marches shall make any 
Fires in the Woods, they will place a Stone in the midst of the Fire 
as a Signal that none but friends have been there; and that the 
Tributary Indians be enjoyned to make the same Signal at their several 
Encampments where they may probably suppose the Northern Indians 
to come. That the said Interpreters do likewise acquaint the said In- 
dians, that no passport will hereafter be granted on either side to any 
greater number than ten at one time, and those are to come directly 
... to the Governor for the time being without entring into any Treaty 
or Negotiation with any of the respective Governments whither they 
are Travelling or otherwise their passports will be adjudged void ; and 
that the said Interpreters be further directed to bring to W ms burgh 
next Gen 1 Court, the Chief men together with some Young men of the 
several Nations to wait on the Governor to be informed of the further 
Articles of the Treaty. 

On Reading at this Board the Depositions of Mathew and John 
Mayes of the County of Prince George, whereby a Senequa Indian 
now in the publick Goal at Williamsburgh . . Charged upon the In- 
formation of a Tuscaruro Indian with an intent to murder the said John 
Mayes and to poison an Negro man belonging to the said Mathew, and 
thereafter to carry away with him an Indian woman Slave belonging 
to the said Mathew Mayes and two other Slaves of one Math Ander- 
son ; the said Senequa Indian was this day Examined in Council, where 
he denyed the Facts charged against him ; But it appearing by the 
Depositions of the said John and Mathew Mayes that the said Indian 
did own to him his intention to carry off the two Slaves belonging to 
the aforesaid Mathew Anderson as soon as he would furnish himself 
with Ammunition for his Journey; It is therefore Ordered That the 
said Indian be sent out of this Government, and that for his more safe 
passage to his own Country a passport be given him under the Seal 
of the Colony, reciting the Offence for wch he has been here com- 
mitted, and declaring that the reason he has not been prosecuted for 
the same according to Law is in consideration of the late Treaty con- 
cluded w th the five Nations to wch he belongs; in hopes that by this 
Lenity towards one of their Nation, they will be convinced of the good 
faith with wch this Governm* is resolved to mentain the peace lately 
concluded with them. 

This Day being appointed for hearing in Council, the Complaint 
of sundry of the Justices of King George County against John Din- 
widdie Gent. Sheriff of the said County, the said Dinwiddie accord- 
ingly attended, but there being produced and read a Letter from the 
said Justices excusing their attendance by reason of the shortness of 



26 Executive Journals, Council of Colonial Virginia 

the time ; It is the Opinion of the Council and accordingly Ordered, 
That the partys be heared before this Board on the third day of the 
next Gen 1 Court, unless they do in the mean time accommodate the 
same difference. 

Ordered. That a new Commission of the peace issue for the County 
of King George with the addition of sundry persons recommended by 
the Court of the said County. 

On the Petition of John Allen Gent leave is granted him to Sur- 
vey and patent three thousand Acres of Land on Nottoway River near 
the dividing Line between the Isle of Wight & Nansemond Countys, 
it appearing to this Board, that the Nansemond Indians for whose use 
some part of the said Tract was reserved have now deserted the Settle- 
ment. 

At a Council held at the Capitol November 2 d 1722 

Present 

The Governor 

Edmund Jenings Nath 1 Harrison 

Robert Carter Mann Page 

James Blair Peter Beverley & 

Philip Ludwell John Robinson Esq r3 

The Governor this day laid before the Council a Letter from the 
R* Hon ble the Earl of Orkney dated the 2 d of March last wch Letter 
is directed to Col Spotswood and was by him received since his 
departure from hence to New York; wherein his Lordp is pleased to 
recommend one M r William Langley to be Sollic r of the Virginia Af- 
fairs in the room of Col° Blackiston dec d And the Governor desiring 
the Opinion of the Council thereon; they thereupon declared, that the 
s d office of Sollic r of the Virginia Affairs being already supplyed by 
the Appointment of John Cartar Esq r they hope his Lordp will be 
satisfied it is out of their power to comply with his Lordp's recommenda- 
tion. 

The Acco ts of his Maj ty ' s Revenue of 2s per hh d port Dutys and 
head money being Examined by the Dep* Aud r and sworn to by his 
Maj tys Rec r Gen 1 were this day certified by the Governor in the usual 
form. 

Whereas John Grymes Esq r Rec r Gen 1 and Nath Harrison Esq' 
Dep ty Aud r this day laid before the Board the form of the Bonds given 
in the Secretarys office, for the payment of the Rights for the taking 
up Lands in the new frontier Countys of Brunswick and Spotsylvania, 
the Condition of which Bonds are, that the Obligee shall within three 
Years after the date of such Bond, satisfie & pay unto his Majesty, 
five shillings for every fifty Acres of Land, for wch he shall not produce 
Rights by Importation ; unless his Majesty shall signify his Royal pleas- 
ure for remitting the same according to the prayer of the General 
Assembly, or else shall surrender his Grants of the said Lands. And 



Executive Journals, Council of Colonial Virginia 27 



whereas the said Rec r Gen 1 & Aud r have desired the directions of this 
Board in relation as well to their demanding the money due to his 
Majesty for the Rights as the Quitt Rents of the Lands already patented 
within the said two County s. The Council taking the same into Con- 
sideration, are unanimously of opinion, that in regard the Address of 
the General Assembly for remitting the Rights and Quitt Rents of 
the Lands within the said two Countys lyes yet before his Maj ty un- 
determined, the said Officers of the Revenue are to forbear to demand 
the payment of the said Rights and Quitt Rents untill his Majesties 
pleasure be known; and to the end such signification of his Maj tys 
pleasure may be the more speedily obtained ; It is the further Opinion 
of the Council, that the Governor be pleased to give Directions to the 
Sollic r of the Virginia Affairs to renew his Applications to his Maj ty 
in behalf of this Colony, and that a Representation be prepared of 
the Reasons wch induced the General Assembly to Erect the said two 
new Countys, and to petition his Maj ty for his Royal favour to en- 
courage the speedy Settlement thereof by the Exemptions mentioned in 
the Gen 1 Assemblys Address. 

And whereas a very useful and beneficial Law was passed in the 
Year 1720, for the better payment of his Majesties Quitt Rents; It 
is the further Opinion of the Council, That the Sollic 1- of the Virginia 
Affairs be also directed to make the most pressing Instances for obtain- 
ing his Maj tys Royal Approbation of the s d Law, whereby the prudent 
Measures therein prescribed may be put in practice for the encrease of 
his Maj tys Revenue. 

Whereas the General Assembly is by the Writts issued for that 
purpose to meet the 5 th day of Nov 1- next ; It being this day taken 
into Consideration that there is not any immediate occasion for its 
meeting so soon; It is therefore Ordered. That a proclamation issue 
proroguing the said General Assembly till Thursday the 9 th day of 
May next. 

The Governor signifying his intentions to continue the present 
Naval Officers in their respective Employments, in Case the Council 
have no objection thereto ; The Council thereupon declared, that they 
knew no objection against any of the said Officers. 

On the petition of Charles Chiswell Gent Leave is granted him 
to take up in one Tract two thous d Acres of Land on Swift Creek 
in the County of Henrico adjoyning to the Land whereon Grills's Mill 
now stands: Provided always that he do not interfere with any legal 
entry made by the said Grills for Land at that place. 



28 Executive Journals, Council of Colonial Virginia 

At a Council held at the Capitol December 12 th 1722 

Present 

The Hon ble Hugh Drysdale Esq r Gov r 

Edmund Jenings Nath Harrison 

James Blair Mann Page 

Philip Ludwell Cole Digges 

John Lewis Peter Beverley & 

William Bassett John Robinson Esq r 

Pursuant to the Resolutions of the last Council for representing 
to his Majesty, the Reasons wch induced the General Assembly to 
petition for his Majestys Royal Bounty towards encouraging the speedy 
Settlement of the Frontier Countys of Brunswick and Spotsylvania, 
there was this day laid before the Board, a paper Ent d Reasons humbly 
offered for the better securing the Frontiers of Virginia by exempting 
the Inhabitants of the two late Erected Countys from the purchase of 
Rights & payment of Quitt Rents. And the said paper being read and 
approved It is Ordered That the same be transmitted by the first 
Opportunity to John Carter Esq r Secretary of the Virginia Affairs ; 
that he may thereupon make such application on the behalf of this 
Government, as he shall judge most effectual for obtaining from his 
Maj tys Royal Bounty the Exemptions petitioned for by the General 
Ass bly towards encouraging the speedy Settlement of the said frontier 
Countys, and for securing the passes of the Mountains so necessary for 
the future defence of this Country from the Invasions of a Foreign 
power. 

And for the better enabling the said Solli r to prosecute this Service ; 
It is Ordered That the Rec r General of his Maj tys Revenue do remit 
into his hands a Sum not exceeding one hundred pounds Sterl towards 
defraying the necessary Charges at the several Offices to wch he shall 
have occasion to apply in his said Negotiation : But for as much as 
it is reported, that M r Carter is speedily expected in Virginia ; It is 
further Ordered, That the Instructions to him for sollicking this Af- 
fair, be inclosed to M r Micajah Perry Merch* in London ; and that he 
be desired in case of M r Carters Absence to deliver the same to such 
person as he has appointed in his behalf to act in the Affairs of this 
Government ; and if none such be entrusted by him, that then the 
said Instructions be by the said M r Perry delivered to peter Leheup 
Esq r with request that He will take upon him, the Sollicitation of 
what is above mentioned ; assuring him that this Government will 
gratefully acknowledge what Service he shal do therein: And in 
either of the Cases aforesaid, the money hereinbefore appropriated, 
be paid into the hands of the person who shall have the trouble of the 
intended Sollicitation. 

Ordered That a new Commission of the peace issue for the County 
of New Kent with the addition of sundry new Justices. 

Col° Spotswood having made application to this Board, for a 
Testimonial of the part he had in the suppressing the pirate Edward 



Executive Journals, Council of Colonial Virginia 29 



Thach and his Crew and the Seizing the Effects ; and having for that 
purpose laid before the Board sundry Letters & other papers relating 
to that Matter, It is Ordered That a Certificate be prepared conformable 
to the said papers to be signed by the Members of his Maj tys Council. 

Whereas the Governor was this Day pleased to inform the Council, 
that application had been made to him for admitting to Bail divers 
of the Negros now in the public Goal, who were committed by the 
Gen 1 Court for misdemeanors, and desiring the Opinion of the Council 
therein. This Board upon Consideration of the Crimes for wch the 
said Negros stand Committed, and the Circumstances of their Case, 
are of opinion and do advise that the said Negros be not Bailed. 

On the petition of Tho s Flowers, setting forth that in order to the 
obtaining a patent for a Tract of Land in Charles Citty County, a 
Certificate of the Survey and Bounds thereof was put into the Secre- 
tarys Office by the Surveyor of the said County; in wch Certificate 
the said Surveyor mispelt the petitioners name by writing Frowers in- 
stead of Flowers, by means whereof the said patent hath been Signed 
and recorded in the name of Frowers wch may hereafter prove pre- 
judicial to the pet rs Title, and praying that the said patent and Record 
thereof may be amended; It is thereupon Ordered That the Clerk of 
the Secretarys Office be impowered and required to cause the said patent 
and Record to be Amended by inserting the true name of the pet r 
according to the prayer of the said petition. 

Sundry Petitions for Leave to take up Land were this Day read 
at this Board and Granted Viz 1 

To William Jones and George Woodroof for five thousand Acres 
of Land in Hannover County upon the dividing Line between that 
County & Spotsylvania on both sides the little Mountains and joyning 
to an Entry made by Cap* Phelps. 

To William Finney for two thousand Acres on fighting Creek in 
Henrico County including an Entry made by John Steuart dec d and 
by him never perfected and runing up along Appamatux River to 
compleat the said Quantity. 

To Henry Thacker and Jeremiah Clowder six thousand Acres of 
Land in Spotsylvania County on the Branches of Pamunkey River be- 
gining on the Beaver Dam Creek, joining to the Land of Harry 
Beverley. 

At a Council held at the Capitol April 1 st 1723 

Present 

The Governor 

Edmund Jenings Will m Bassett 

Robert Carter Nath 1 Harrison 

James Blair Peter Beverley & 

Philip Ludwell John Robinson Esq rs 

The Governor was pleased to acquaint the Council that, M r Carter 
who sometime since was appointed Sollic r of the Virginia Affairs, hav- 



30 Executive Journals, Council of Colonial Virginia 

ing now obtained the place and Office of Sec ry of this Colony, and 
come to reside here, the said Office of Sollic r is thereby become vacant. 
That he had reed Applications in behalf of three several persons for that 
Employment Viz 1 M r Byrd, M r Leheup M r Langley wch last was 
recommended by my Lord Orkney upon the Death of Col° Blackiston, 
& that he left it to the Choice of the Council, wch of the three they 
judged most proper to nogotiate the Affairs of the Colony: Where- 
upon the Council declared their Opinion; that in regard M r Leheup 
has been already Employed by this Board to Sollicite (in case of the 
absence of M r Carter) the obtaining his Maj tys favour with relation to 
the Rights and Q u Rents of the two new Erected Countys, they think 
themselves under an Obligation of continuing him as a person fittly 
qualifyed to serve the Colony in that Station; and It is accordingly 
resolved that peter Leheup Esq' be constituted and appointed Sollc r of 
the Virginia Affairs. 

Whereas the Governor was pleased to comunicate to the Council 
the Advices he had received of the Designs formed by the Northern 
Indians to carry off the Tuscaruros Settled in N° Carolina and y e ap- 
prehension the Indians Tributary to this Government are under that 
they also shall be forced away w th the Tuscaruros ; The Council are 
thereupon of opinion, that for preventing any Attempts wch may be 
made by the Tributary Indians it is necessary the Militia in the Frontier 
Countys bordering on the said Indians be put into a posture of Defence ; 
and to that end that the Lieu' 8 of the said several Countys do return 
to the Governor a List of such officers as are wanted to compleat the 
said Militia. 

On a Representation from the Justices of Surry County Ordered 
That a new Commission of the peace issue for the said County with 
the addition of the several persons recommended by the said Courts. 

Ordered That a new Commission of the peace issue for the County 
of King and Queen and that Col° Gawin Corbin be appointed first in 
the said Commission. 

At a Council held at the Capitol April 2 1723 

Present 

The Governor 

Robert Carter Nath Harrison 

Philip Ludwell Peter Beverley & 

John Robinson Esq rs 

John Carter Esq 1- Secretary of this Colony this day took the Oaths 
appointed by Act of Pari 1 to be taken instead of the Oaths of Al- 
legiance and Supremacy, the Abjuration Oath and subscribed the Test, 
and then took the Oaths for the due Execution of the Office of 
Secretary. 



Executive Journals, Council of Colonial Virginia 31 



At a Council held at the Capitol April 26 th 1723 

Present 

The Governor 

Edmund Jenings Will m Bassett 

Robert Carter Nath Harrison 

James Blair Cole Digges 

Philip Ludwell Peter Beverley & 

John Robinson Esq rs 

On reading at this Board the Humble petition of David Seal, Mason 
French, and Joseph King convicted this Gen 1 Court of Manslaughter 
for the Death of one Jonas Adams of the County of King George; 
The Council certifying the Governor, that by what appeared to them 
upon the Tryal of the prisoners they are fitt objects of his Maj tys 
mercy, And thereupon the Governor was pleased to order, that a pardon 
be prepared to be passed under the Seal of the Colony remitting to the 
said pet rs all penalties and Forfeitures to wch they are lyable for the 
said Offence. 

His Majestys Attorney General this Day attending the Board, 
signified, that upon the strictest Examination, he has not been able to 
find any legal Evidence against the several Negros now in the publick 
Goal on suspicion of being concerned in a late Conspiracy to cut off 
his Maj tys Subjects, and also intimating that by the Rules of Law, the 
said Negros must be brought to their Tryal this General Court upon 
the Information exhibited against them. This Board taking the same 
into Consideration, are of opinion, That though for want of legal Evi- 
dence, the said Negros ought to be dischargd from their Committment 
upon the Information now depending in the General Court yet in regard 
there are such pregnant Circumstances of their Designs against the 
peace of his Majestys Governm* and the Lives of his Subjects here, 
it is not prudent to suffer the said Negros to go at large untill the sitting 
of the Gen 1 Ass bly when it is hoped proper Measures will be taken not 
only to free the Country of such dangerous Rogues, but to prevent 
& to punish the like secret Conspiracys for the future. 

John Lewis of the County of Gloster Gent n by his Petition to the 
Governor, praying that a Fine imposed upon him for refusing to serve 
as Sherif for the aforesaid County may be remitted ; and the Governor 
desiring the Opinion of the Council therein; It is thereupon resolved 
that the Fines imposed by Law on persons nominated to be Sherif s and 
refusing to accept the Office, be not remitted as well because such 
an Indulgence would encourage others to refuse that Office to the 
manifest hindrance of Justice as that the said Fines are greater than 
his Maj ty by his Instructions has been pleased to authorize the Gover- 
nor to remitt. 

Whereas it has been represented to this Board that great part of 

the Arms in the Magazine and at the Governors House are much out 

,of repair & unfitt for Service; And whereas by the Act of Assembly 



32 Executive Journals, Council of Colonial Virginia 

for Erecting the Magazine, the Salary therein appointed for the 
Armourer is expressly given for mending and repairing the Arms ; 
It is the Opinion of this Board, that if the present Armourer, do not 
put in sufficient repair, the said Arms, his Salary be stopt, and applyed 
towards amending and repairing the same : And if the Governor shall 
find it necessary to apply to the same purpose, the Salary of the Keeper 
of the Magazine that he be requested either to appoint some fitt per- 
son who will undertake for the said Salarys to amend & keep in Order 
the several Arms in the Governors House and Magazine, or that he 
agree for the repairing and putting in Order the said Arms, and apply 
the Salarys of the said Officers towards defraying the Charge thereof 
till the same be compleatly put in order. 

Whereas the Great Men of the Maherine and Nansemond Indians 
have complained to this Board, that the Surveyor of North Carolina 
hath lately made Surveys on their Lands and have included therein not 
only their Corn Fields but their Towns ; And that the several persons 
for whom the said Lands have been thus Surveyed do daily disturb the 
Indians in their possession by Driving their Stocks upon the pet rs corn 
Grounds and threatning to turn the s d Indians out of their ancient pos- 
sessions. This Board taking into Consideration, that the Government 
of N° Carolina suffering their Surveyors to intermeddle in the taking 
Entrys or making Surveys of the Lands of the said Indians, is a mani- 
fest breach of the Agreement entred into between the two Governments 
the 12 th of Octo r 1714 whereby the said Governm* did engage that untill 
the final determination of the Boundaries none of the Surveyors of the 
Province of Carolina should receive any Entrys or make Surveys of 
any Lands to the Northward of Wicons Creek or a due West Line run 
from the mouth thereof to intersect Roanoak River, nor any Patents 
made out upon former Surveys within the s d Bounds; are of Opinion, 
That a Letter be prepared for the Gov rs signing to be sent to the 
Governor or President of N° Carolina representing the Injustice & 
unfairness of this proceeding, and desiring that immediate Orders may 
be given for declaring void all Surveys made by the Surveyor of that 
Province and Patents granted thereon for any of the Lands lying be- 
tween Wicons Creek & a Line lately run from the mouth of Nottoway 
Riv r . And that in Case the said Governm* of Carolina shall refuse to 
declare void all such Surveys and patents has [as] have been made or 
granted within the controverted Bounds, since the Date of the afore- 
said Agreement, this Government will take effectual Measures for pro- 
tecting the said Indians in their rightful and ancient possessions & 
to assert his Maj tys Right to the said Lands by punishing all such 
as shall presume to settle within the s d Boundarys by virtue of any 
patents or other Authority from the Gov' of N° Carolina till the final 
determination of the said Boundaries. 

On reading at this Board a Representation from the Justices of 
the peace for the County of New Kent Ordered That a new Commission 
of the peace issue for the said County, and that M r Henry Holdcraft 



Executive Journals, Council of Colonial Virginia 33 



according to the desire of the said Justices be appointed first in the said 
Commission. 

Ordered that a new Commission of the peace issue for the Countys 
of Hanover, Middx and Accomack with the addition of the several 
persons recommended to be Justices in the said Countys. 

M r George Walker Gunner and Storekeeper of the Battery at point 
Comfort having laid before this Board an Estimate of the Charge 
necessary for the better securing of the said Battery; It is Ordered, 
that he be impowered & directed to cause the said Battery to be finished 
according to the said Estimate, and that the Charge thereof be paid out 
of his Majestys Revenue of 2s per hh d &c. 

At a Council held at the Capitol April 27 th 1723 

Present The Governor 

Edmund Jenings philip Ludwell 

Robert Carter Nath Harrison 

James Blair Peter Beverley & 

Jn° Robinson Esq rs 

Whereas the Tributary Indians living on the South side of James 
River have made application to the Governor to hold a Treaty of peace 
& friendship among themselves and the Tuscaruros living on the Bor- 
ders of North Carolina ; and that the Governor would please to appoint 
some person of distinction in this Governm* to be present at the said 
Treaty, as well to take care that nothing is concluded there Prejudicial 
to the peace and Interest of this Colony, as that the said Tributarys 
may not be drawn into any Stipulations injurious to themselves ; And 
the Governor having informed the Council, that the said Indians had 
intimated to him that they were desirous to meet for the purpose 
afores d at Christanna on Thursday next, It is the opinion of this Board 
that Nath 1 Harrison Esq r be appointed on the part of this Governm* to 
be present at the meeting of the said Indians to hear the Terms pro- 
posed on either side: And it is Ordered that it be an Instruction to 
him to signify to the said Indians that nothing there proposed or treated 
of shall be concluded or binding on either part untill the same be 
ratified and approved by the Governor and Council ; and he is also 
particularly to notofie to the said Tributarys, that in case the Northern 
Indians do attack the Tuscaruros, they are not to concern themselves 
in the Quarrel ; But if the design of this meeting between the Tributary 
Indians and the Tuscaruros be only for regulating their hunting 
Grounds and the preserving peace and .Friendship among themselves 
while they are abroad upon their Hunting partys, that then Col" Harri- 
son do allow 'em to proceed therein as a matter pleasing to this 
Governing 



34 Executive Journals, Council of Colonial Virginia 

At a Council held at the Capitol May 2 d 1723 

Present 

The Governor 

Edmund Jenings Will™ Bassett 

Robert Carter Cole Digges 

James Blair Peter Beverley & 

Philip Ludwell John Robinson Esq rs 

The several Acco ts of Henry Cary and John Brush for Work and 
Reparations about the Governors House being Eam d in Council, and 
they sworn respectively to the Truth thereof were Ordered to be paid 
out of his Majesty s Revenue of 2s per hh d . 

The Acco' of Col° Spotswood his Maj tys late L' Governor for 
sundry Sums of Money expended on the publick Service of the 
Governm' was this day exam d in Council and Ordered to be paid out 
of his Majestys Revenue of 2s per hh d . 

The Governor in Council was pleased to nominate and appoint the 
following persons to be Sheriffs of the respective Countys for the 
ensuing Year Viz*. 

Hanover Roger Thompson 

Henrico Hen Randolph 

Prince George Frans Epes 

Surry Will m Edwards 

Isle of Wight John Edwards 

Nansemond John Lear 

Norfolk George Burgess 

Princess Ann Fran 8 Land 

Eliz a Citty Joshua Curie 

King William Tho Carr 

Charles Citty W m Ackree 

Gloster Hen Whiting 

Middx Christ Robinson 

King & Queen Hen Hickman 

Essex Rob 1 Brook 

Spotsylvania Will" 1 Bledsoe 

King George Jonath Gibson 

Stafford French Mason 

Warwick Miles Wills 

York Tho 8 Nelson 

James Citty Tho Ravenscroft 

New Kent Charles Lewis 

Accomack Will m Burton 

Westmoreland Tho s Newton 

Richmond Will" 1 Downman 

Lancaster Rich d Chichester 

Northumberland philip Smith 

Northampton Thorn 8 Marshall 



Executive Journals, Council of Colonial Virginia 35 



On Consideration of the Acco* of Will m Lister for Erecting two 
Batterys on Rapp a River It is Ordered That the said Lister be paid 
according to his said Acco* out of his Maj tys Revenue of 2s per hh d . 

John Grymes Esq r Rec r Gen 1 of his Majestys Revenues making 
Application to this Board to certifie the difference between the Cur- 
rency of this Country and Bills of Exch a in order to his making up 
his Accounts of the Cash he hath received for his Majestys Quitt 
R ts This Board do accordingly certify that the present difference 
between Curr' money and Bills of Exch a is 15 per Cent And it is Order- 
ed that he be allowed the same in his Acco" of the Quitt Rents. 

The Officers of his Maj tys Revenue representing to this Board, 
that Charles Drury Sheriff of Nansemond County having failed to 
give Security for the Execution of his Office the last year, is since 
become Insolvent, whereby his Maj tys Quitt Rents in that County un- 
der the Collection of the said Sheriff are in danger of being lost, and 
praying the direction of the Governor & Council therein. It is Ordered 
That the Consideration thereof be referred 'till the meeting of the 
General Assembly. 

On the petition of Mary Bell widdow of Rob* Bell dec d It is 
Ordered that a patent for a Tract of Land lying in James Citty County 
found to Escheat from Barker be granted to Philip Ludwell Esq r to 
whom the Reversion of the same is Devised after the Death of the 
said Mary by the Will of the aforenamed Robert Bell Dec d 

On the petition of Augustine Moor Gent n complaining of sundry 
undue practices of Harry Beverley in Surveying and surreptitiously 
taking out a patent for a Tract of Land in the County of Spotsylvania 
formerly part of King William County, wch had been long before En- 
tred for by the said Moor; It is Ordered that the Matter of the said 
Complaint be heared before this Board on Tuesday the 14 th Day of 
May next ; and that Harry Beverley have Notice to attend to answer 
the said Complaint. 

At a Council held at the Capitol May 14 th 1723 

Present 

The Governor 

Edmund Jenings Nath Harrison 

James Blair Peter Beverley & 

Philip Ludwell John Robinson Esq rs 

John Grymes Esq r Rec r Gen 1 of his Maj tys Revenues representing 
to this Board, that upon settling with Col° Spots wood his Majestys 
late Lieu 1 Governor the Acco ts of the piratical Effects put into his Hands 
the said Col Spotswood had tender'd for four Hundred and fifty 
pounds of that money a Mortgage bearing date the 12 th of Feb ry 1721 
taken by him in the Kings name from M r Irwin for sundry Lotts and 
Houses lying in Hampton ; But that upon his refusal of accepting that 
Mortgage in part of payment, Col Spotswood had then offered to pay 



36 Executive Journals, Council of Colonial Virginia 

the money upon the said Rec r Gen ls making over to him his Maj tys 
Rights to the said Mortgage ; wch the said Rec r Gen 1 conceives he is 
not Authorized to do without the Directions of this Board. And the 
Governor and Council having thereupon heared the Opinion of his 
Maj ty8 Attorney Gen 1 ; It is Ordered That the said Attorney General 
do prepare such an Assignment of the said Mortgage to Col° Spots- 
wood as is fitt for the said Rec r Gen 1 to execute in his Majesties be- 
half, so as such Assignment do not affect M r Grymes in his private 
Capacity. 

On hearing this day in Council the Complaint of Augustine Moor 
against Harry Beverley, and the s d Beverley not attending to answer 
the same pursuant to the Order of this Board on the 2 d Instant, The 
Governor and Council proceeded to Examine . . . Hawkins who made 
the Entry for M r Moor and James Taylor Surveyor of King William 
County with whom the said Entry was made for two thousand Acres 
of Land lying on Terrys Run in King W m County ; and it thereupon 
appearing to this Board, that the said Harry Beverley, hath unduly 
obtained the patent for the same. It is therefore Order'd That the 
Attorney General, be, as he is hereby directed to bring a scire facias for 
vacating the said patent to the end M r Moor the pet r may be relieved. 

Sundry Caveats Entred in the Secretarys Office for stopping 
Patents issued out upon Surveys returned thither being this day read 
and considered at the Board. Viz* A Caveat of 

Augustine Smith against a patent sued out by Larkin Chew for 
Land joining on Warner Motts or the Iron Mine Tract. 

Sam 1 Williams against a patent to Richard Davis for Land in King 
William County. 

Edward Pigg against a patent to John Robinson Esq r for Land in 
the County of King William. 

Thos s Jefferson for stopping a patent to Math Ligon for Land 
in the County of Henrico formerly assigned by the said Ligon to one 
Richard Grills. 

Charles Powell for stopping a patent to Nich Smith of the Isle 
of Wight County for Land on Maherin Riv r . 

John Mitchell for stopping a patent of John Davis for one thousand 
Acres of Land in Surry County. 

Eleanor Chiles for stopping a Patent to Henry Chiles or any other 
of the Children of John Chiles dec d for Land in King William County. 

Robert Knapper for stopping a Patent to Rene La Force for Land 
in Henrico County. 

The Executors of Edward Hill Esq 1- dec d for stoping a patent 
to . . . Brewer for Land in Prince George County. 

Larkin Chew for stopping a patent to . . . Cave for Land on the 
Branches of Mattapony in K & Queen County. 

John Lee for stopping a Patent to Paul Pendar for Land in 
the County of Nansemond and 

John Levistone of the County of King & Queen for stopping 
a patent to Harry Beverley for the Land "lately found to Escheat 



Executive Journals, Council of Colonial Virginia 37 

from George Burge; It is Ordered That the several persons above- 
mentioned have notice to attend this Board on the 5 th day of the next 
General Court in order to a Determination of their several preten- 
sions to the said Lands. 

On the petition of William Richardson of King W m County 
against James Taylor Surveyor ; on the Motion of the said Taylor, 
It is Ordered That the Matter in the said Complaint be heared before 
this Board on the 5 th day of the next Gen 1 Court. And that the 
partys attend accordingly. 

At a Council held at the Capitol May 15 th 1723. 

Present 

The Governour 

Edmund Jenings Will m Bassett 

James Blair Peter Beverley & 

Philip Ludwell John Robinson Esq" 

A Complaint being laid before this Board by John Taylor Gent 
together with a representation of divers of the Justices and Militia 
Officers of the County of Richmond against Col° John Tarpley Ordered 
That the said Tarpley be summoned to answer the s d CompP before the 
Governor in Council on Tuesday next. 

At a Council held at the Capitol May 17 th 1723. 
Present 
The Governor 

Edmund Jenings Will m Bassett 

James Blair Nath Harrison 

Philip Ludwell Peter Beverley & 

John Lewis John Robinson Esq" 

On the petition of Philip Ludwell & Nath 1 Harrison Esq" John 
Allen and Benj a Edwards Gent" Leave is granted them to Survey and 
patent about two thousand Acres of Land beginning on the Northside 
of Roanoak River a little above a place called Tottero Kings Stone 
House and runing thence according to the several Bounds described in 
their Petition to include the said Quantity. 

At a Council held at the Capitol May 20 th 1723. 
Present 
The Governor 
Edmund Jenings John Lewis 

James Blair Cole Digges & 

Philip Ludwell Peter Beverley Esq" 

On the Petition of John Robinson Esq' Leave is granted him to 
take up and Patent five thousand and fifty Acres of Land lying on 



38 



Executive Journals, Council of Colonial Virginia 



both sides the North Fork of the River Po in the County of Spotsyl- 
vania and joining on a Tract of Land belong to Gawin Corbin Gent. 

At a Council held at the Capitol May 22 d 1723 
Present 



The Governor 



Edmund Jenings 
Robert Carter 
James Blair 
Philip Ludwell 
John Lewis 



WilP Bassett 
Nath 1 Harrison 
Mann Page 
Cole Digges 
Peter Beverley & 



John Robinson Esq" 

The Minutes of Council since the last time of their reading were 
read over and approved. 

On hearing this Day in Council the Memorial and Complaint of 
John Tayloe Gent" and other the Justices and Militia Officers of the 
County of Richmond against Col° John Tarpley together with a Letter 
from the said Tarpley excusing his non-attendance to answer the said 
Complaint ; It is the Opinion of this Board and accordingly Ordered, 
That the said John Tarpley be removed from his Office as a Justice of 
the peace for the said County. 

A Petition being presented to this Board & read in behalf of 
divers of the Frontier Inhabitants of the County of Isle of Wight ; 
praying that Officers may be appointed for Entring and clearing Ves- 
sells coming to Trade in Maherine and Nottoway Rivers. It is Ord d 
That the Consideration of the said petition be referred untill the Boun- 
daries of this Province & N° Carolina be settled. 



At a Council held at the Capitol May 24 th 1723 



Present 
The Governor 



Edmund Jenings 
Robert Carter 
James Blair 
Philip Ludwell 
John Lewis 



WilP Bassett 
Nath 1 Harrison 
Mann Page 
Cole Digges 
Peter Beverley & 



John Robinson Esq" 

Whereas the Justices of Nansemond County have made Applica- 
tion to the Governor for determining a difference arisen amongst them 
touching the place for building a new Court House in the said County 
& the several partys interested therein being this day heared at the 
Board : It is the opinion of the Council and accordingly Ordered ; 
That the Court House for the said County be built at Jarnagens Bridge, 



Executive Journals, Council of Colonial Virginia 39 

that appearing to be nearest the Center of the County and most com- 
modious to the several Inhabitants. 

Ordered 

That a new Commission of the Peace issue for the County of Nanse- 
mond with the addition of the sundry persons recommended to be Jus- 
tices of the said County. 

On Reading at this Board the several petitions of Thomas Mars- 
ton and Margaret Dibdall setting forth their several and respective 
pretensions to a Grant of a Tract of Land in New Kent County found 
to Escheat to his Majesty from John Dibdall late of the said County 
dec d Husband of the Petitioner Margaret Dibdall. And it appearing 
to this Board, That the said Tract of Land was by the Will of the said 
John Devised after the death of his said Wife to his two Daughters 
in Law now the wives of David Holt & Timothy Taylor; It is the 
opinion of this Board That Margaret Dibdall hath the most equitable 
pretension to his Majestys favour in relation to obtaining a Grant of 
the said Land and it is accordingly Ordered That the said Tract of 
Land be granted to the said Marg* Dibdall and the other Devisees of 
the said John Dibdall they refunding to the Pet r Thomas Marston all 
Charges expended by him about the same Escheat and paying also the 
Composition due to his Maj ty according to the Royal Charter of this 
Colony. 

The Petition of Henry Irwin & W m Winterton is Ordered to be 
heared at this Board on Thursday next, and all parties concern'd are 
to have due Notice to attend accordingly. 

The following Petitions for Leave to take up Land were read and 
granted Viz' 

To John Simmons for one thousand Acres of Land on Maherine 
River begining at the Head of the holley Bush Branch and runing up 
both sides the said River to compleat that Quantity. 

To John Lewis Esq r four hundred Acres of Land in Spotsylvania 
County begining at the lower Corner of Warners Patent, thence to 
M r Thorntons Line and up the same the several Courses thereof to the 
Head & from thence to that part of the said Warners Land now in the 
possession of John Lewis Gent". 

To John Symes, Math Symes and Jn° Symes for three thousand 
Acres of Land on Locus Creek in Hannover County. 

To John Jackson one thousand Acres of Land in Surry County on 
Monks Neck Creek including the Land granted him at that place by a 
former patent. 

To Nath Mallone one thousand Acres of Land on Sapponie Creek 
in Surry County. 

To Robert Munford, and John Anderson fifteen hundred Acres of 
Land in Prince George County on Stoney Run on the S° side of Not- 
toway Riv r . 



40 Executive Journals, Council of Colonial Virginia 

At a Council held at the Capitol May 28 th 1723 

Present The Governor 

Edmund Jenings John Lewis 

Robert Carter Nath Harrison 

James Blair Mann Page 

Philip Ludwell Cole Digges 
Peter Beverley 

On reading at this Board the Address of the House of Burgesses 
to the Governor setting forth divers undue practices of L* Col° Joseph 
Smith in levying Fines on divers persons in Essex County for non- 
appearance at the Musters of the Militia ; It is the opinion of this 
Board, That the said Joseph Smith be removed from his Office of a 
Justice of the peace in the said County; and that John Lomax Gent 
be restored to his former place in the Commission of the Peace for that 
County. 

At a Council held at the Capitol May 30 th 1723 
Present The Governor 

Edmund Jenings Mann Page 

Robert Carter James Blair 

Philip Ludwell Will m Bassett 

John Lewis Cole Digges 

Nath 1 Harrison Peter Beverley & 

John Robinson Esq" 

The Governor informing the Board, That he understood the House 
of Burgesses were come to a Resolution to lay a Duty on Liquors and 
Slaves & laying before the Board his Majesties Additional Instruction 
dated the 27 th of Sepf 1717 relating to the passing of Acts wch may 
affect the Trade & Shipping of Great Brittain ; It is the Opinion of the 
Council that the said Instruction be sent to the House of Burgesses to 
the end they may be the better enabled to conform to his Maj tys pleasure 
signified therein. 

The following Warrants on the Rec r General to be paid out of his 
Majestys Revenues were this day signed by the Governor in Council 
Viz' 

Out of the 2s per hh* 

To the Governor half a Years Sallary ending the 

25 th of April last £ 1000.0.0 

To the Gent" of the Council for the same time 175. 

To the Aud r Gen 1 of the Plantations for d° time. . . 50. 

To the Attorney Gen 1 for the same time 20 

To the Clerk of the Council for the same time 50 

To the Sollic r of the Virg' affairs for d° time 50 



Executive Journals, Council of Colonial Virginia 41 

To the Gunners of the several Batterys for the same 

time 25 

To the Armourer for the same time 6 

To the Judges and Officers of the Court of Oyer 

and Terminer held last Dec r 100 

To the Ministers for their Attendance last General 

Court 4.00 

To sundry Charges about the Gov" House 111.0.4 1/2 

To John Lister for Erecting Batterys on the River 

Rappahanock 169.7.6 

To sundry Expresses & other conting 1 Charges .... 247.4.3 

And out of the Quitt Rents. 

To M r Com ry Blair half a years Sallary ending the 

25 th of April last 50.0.0 

To M r Att nT Gen 1 half a Y rs add 1 Salary for d° time . 30. 

The Acco ,s of his Maj tys Revenues of Q" Rents and of 2s per hh d 
port Dutys and head money and also the Acco ts of divers Pirates 
Effects having been Examined by the Deputy Aud r and sworn to in 
Council by the Rec r General were severally certified by the Governor. 

The Aud r and Rec r General of his Majestys Revenues having in- 
formed this Board that the Ex es of M r Roscow late Rec r Gen 1 had 
discharged his Debt to the King; and that the Persons who were 
Security for him as well at the Treasury in Great Brittain as here were 
thereupon desirous to have their Bonds Cancelled. It is accordingly 
Ordered That the Bonds given by the said M r Roscows Securitys upon 
his admission into the Office of Rec r Gen 1 be cancelled ; and that proper 
Certificates be Granted the Executors of the said Roscow to the End 
bis Securitys at the Treasury in Great Brittain may likewise be dis- 
charged. 

On the Application of the Aud r & Rec r Gen 1 of his Maj tys Rev- 
enues ; It is Ordered, That all the Treasury Rights returned into the 
Secretarys Office and on wch Patents have issued be forthwith cancelled 
in the presence of the said Auditor. And that for the future when 
any Patents are issued upon such Treasury Rights, the Clerk of the 
Secretarys Office do at the signing of such Patents make an Endorsem' 
upon the Rights, signifying in what patent the same were used, and 
that no Rights w ch have been once made use of be thereafter allowed 
to pass in any other patent; But that for a supply of new Rights to 
such as shall have occasion to take up Land, the Aud r and Rec r Gen 1 
be and they are hereby impowered and directed to jnake out as many 
as will amount to the Sum of five hundred pounds Sterling; and for 
the greater ease of the people, It is further Ordered. That all Rights 
hereafter to be sold be rated at five shillings Sterling in Bills of Exch* 
or five shillings and ten pence Curr' money to be paid at the Election 
of the Purchaser and so accounted for by the Rec r General. 

The Governor desiring the opinion of the Council upon his 



42 Executive Journals, Council of Colonial Virginia 

Majesties Instruction directing the appointment of two Courts of Oyer 
and Terminer to be held Yearly in the months of June and Dec' for 
the more speedy Tryal of persons committed for Capital Crimes. The 
Council taking the same into Consideration and being convinced by 
Experience that divers Criminals may be committed so late that Notice 
cannot be dispatcht to such of the Judges as live remote in due time 
to attend their Tryal, whereby great Inconveniencies may happen to the 
Subjects & the intent of his Maj tys Instruction for preventing long Im- 
prisonments frustrated, are therefore unanimously of Opinion, that 
the said Courts of Oyer & Terminer be for the future constantly held 
on the Days appointed by his Maj ty9 instructions whither there be 
prisoners to be Tryed or not ; and that the Judges give their Attendance 
without any Summons to be issued for that purpose. 

At a Council held at the Capitol May 31 n 1723 

Present 

The Governor 

and Council as Yesterday 

On reading this day in Council a petition of Henry Irwin 
Gent" and W m Winterton of the County of Elizabeth Citty setting 
forth that the said Henry Irwin being employed by the late L* 
Governor to Collect several Sums of money and other piratical 
Effects in the hands of several persons in the said County did 
by Warrant under his hand as a Justice of the Peace employ the 
said William Winterton then Constable to seize such piratical 
Effects ; That the said Winterton hath been since sued in the 
Court of the s d County for part of the Effects in the hands of 
one John Whitfield and recovery had against him in the said 
Court & since confirmed in the General Court for twenty two 
pounds and a penny & 8122 pounds of Tobacco & Costs, and 
that the other persons from whom any of the pirates Effects 
were taken, had also threatened to bring Suit against the Pet" 
for the same; and praying relief therein. It is the Opinion of 
this Board and accordingly Ordered That if any Suits be here- 
after commenced ag st the pet" or either of them for the legal 
Execution of any Orders of Government for seizing piratical 
Effects his Maj ,ys Attorney Gen 1 do appear and defend the 
same. And upon Consideration of the other Part of the Pet" 
the Question being put whither the Pet r Winterton hath legally 
Executed his Warr* in seizing Goods wch were not piratical 
Effects? It is the Opinion of the Board that the said Seizure 
was not Legal. And then the Question being put whither the 
said Winterton ought to be relieved with respect to the recovery 
had against him? The Council are thereupon of Opinion, That 
tho he hath exceeded his Warr', yet it appearing that what he 
did was out of ignorance as supposing the Goods purchasd with 



Executive Journals, Council of Colonial Virginia 43 

pirates money to be the same as piratical Effects it is reasonable 
he should be relieved as far as the Judgment of the County Court 
extends and the Costs of Suit out of the piratical Effects reserved 
in the hands of Col Spotswood for defending Law Suits. 

At a Council held at the Capitol June 11 th 1723 
Present The Governor 

Edmund Jenings Nath 1 Harrison 

Robert Carter Mann Page 

James Blair Cole Digges 

Philip Ludwell Peter Beverley & 

John Robinson Esq rs 

Ordered That a new Commission of the Peace issue for the 
County of Charles Citty and that M r Sam 1 Harwood Jun r 
be put in his former place and the other persons recommended 
by the Court added to that Commission. 

At a Council held at the Capitol June 13 th 1723 
Present The Governor 

Edmund Jenings Nath Harrison 

Robert Carter Mann Page 

James Blair Cole Digges 

Philip Ludwell Peter Beverley & 

John Robinson Esq rs 

On the Petition of John Marten Gent setting forth that in 
the Year 1720 he was appointed Commander of a Sloop called 
the Ranger fitted out with a Flagg of Truce to the Spanish Garri- 
son of S' Augustine ; & praying that he may be paid such 
Wages as this Board shall think fitt for his Service as Cap' 
of the said Sloop. It is Ordered that the Sum of Thirty Pounds 
Currant money be paid the pet r in full consideration of his 
Wages in that Service, and that the Rec r Gen 1 do pay the same 
out of his Maj tys Revenue of 2s per hh a &c. 

On reading at this Board a petition of Tho s Jones in behalf 
of the late Virginia Indian Company, praying the reimbursement 
of such Charges as the said Comp ny did expend in repairing the 
Fortifications of Christanna pursuant to the Orders of Governm' 
dated the 12 th Nov r 1717 It is the opinion of the Council and 
accordingly Ordered That the sum of £92.6.10 x /i sterl be paid 
the Petitioner out of his Majestys Revenue of 2s per hh d &c It 
appearing that the said sum was expended by the said Company 
upon the publick Faith of the Govern' And as to the other 
Article of £78.11.6 being for Materials prepared before the Com- 
pany was dissolved the same ought not to come under the En- 



44 Executive Journals, Council of Colonial Virginia 

gagements of the Government, and therefore ought not to be 
paid out of his Majestys Revenue. 

At a Council held at the Capitol June 14 th 1723 

Present 

The Governor 

Edmund Jenings Nath Harrison 

Robert Carter Mann Page 

James Blair Cole Digges 

Philip Ludwell Peter Beverley & 

John Robinson Esq rs 

On a Representation from the Justices of Richmond County 
Ordered That a new Commission of the peace issue for the said 
County with the addition of the several persons recommended 
by the s d Court. 

At a Council held at the Capitol June 15 ,h 1723 

Present 

The Governor 

Edmund Jenings Nath 1 Harrison 

Robert Carter Mann Page 

James Blair Cole Digges 

Philip Ludwell Peter Beverley & 

John Robinson Esq rs 

A Petition being presented to the Gov r and by him laid 
before this Board in behalf of John Bacon of New Kent County, 
praying to be heared by his Council before the Governor give 
his Assent to the Bill past both Houses of Assembly this Session 
for confirming the Title of John Fox Gent to certain Lands 
formerly purchased of the Pamunkey Indians It is Ordered, That 
the matter of the said Petition be heard at this Board on Tuesday 
next, and that the Pet" give M r Fox timely notice of the s a 
hearing. 

At a Council held at the Capitol June 18 th 1723 

Present The Governor 

Edmund Jenings Philip Ludwell Nath 1 Harrison 

Robert Carter John Lewis Mann Page 

James Blair Will" 1 Bassett Cole Digges 

Peter Beverley & John Robinson Esq" 

On reading at this Board the Petition of John Bacon, and 
hearing Council as well for the Pet r as for John Fox relating 



Executive Journals, Council of Colonial Virginia 45 

to the Bill prepared for confirming the Title of John Fox to 
certain Lands purchased of the Pamunkey Indians; It is the 
Opinion of the Council, that notwithstanding what hath been 
suggested in the said petition, The Governor may pass the said 
Bill. 

At a Council held at the Capitol June 20 th 1723 

Present 

The Governor 

Edmund Jenings • Will™ Bassett 

Robert Carter Nath Harrison 

James Blair Mann Page 

Philip Ludwell Cole Digges 

John Lewis Peter Beverley & 

John Robinson Esq rs 

The Minutes of Council were read and approved. 

The Governor asking the advice of the Council wch will be 
the most proper time for the meeting of a new Session of As- 
sembly, to the End this Session may be accordingly prorogued ; 
It is the opinion of the Board, That Thursday the 7 th day of 
Nov r next will be the most convenient time for the present Pro- 
rogation ; and that if there appear no occasion for the Assemblys 
sitting then, the same may be further prorogued by proclama- 
tion during the sitting of the General Court. 

The Governor acquainting the Council that being this day 
to give his assent to the several Bills prepared this Session of 
Assembly he was desirous to be satisfied more particularly in 
relation to the Bill Ent d an Act for the better and more effectual 
improving the Staple of Tobacco, wch he apprehended might 
affect his Majesty in his Customs and the Trade of Great Brittain 
in lessening the number of Shipping. Whereupon the Council 
having offered divers Reasons for the passing that Bill ; the 
Governor was pleased to desire that the same might be reduced 
into Writing & accordingly Edmund Jenings, James Blair, Philip 
Ludwell and Peter Beverley Esq" being appointed a Com" to 
prepare and put in Writing the s d Reasons presented the same 
as follows : 

May it please Your Hon r : 

In obedience to Your Commands for reducing into Writing 
those Reasons wch were verbally delivered by the Council for 
inducing Your Hon" Assent to the Bill prepared this Session 
for the better & more effectual improving the Staple of Tobacco ; 
We begg leave to represent to Your Hon r 1 st The Evil wch this 
Law is intended to remedy ; 2 dIy the Measures laid down in the 
Bill for accomplishing that End and 3^ to answer some Ob- 



46 Executive Journals, Council of Colonial Virginia 

jections wch possibly may be offered against this Bill with rela- 
tion to the Kings Interest; and the Trade of Great Brittain. 

It is well known and too sensibly felt here, that the Tobacco 
Trade has for some Years past labour'd under great discourage- 
ments occasiond by the Frauds in the payment of the Customs 
in Great Brittain, and the Careless and deceitful manner of mak- 
ing and packing thereof in Virg a : It is evident that the Frauds 
at home greatly influence deceits and negligences here ; for while 
the Brittish Factors make it their Choice to buy bad and trash 
Tobacco here with no other view than to obtain Drawbacks & 
Allowances for burning the same, the Evil disposed will always 
find their Interest in making Trash enough to supply them, and 
between both the honest and industrious Planter and fair Trader 
are equally ruined : By this means it is, that the Price of To- 
bacco is fallen so low, that the people of this Country can no 
longer subsist by it. The Advices from England assure Us that 
great Quantitys of old Tobac° remain unsold, and this, with the 
appearance of a very great Crop now upon the Ground, puts the 
people out of all hopes of retrieving their unhappy Circum- 
stances. 

The Consequences of this gen 1 decay of the Tobacco Trade 
must necessarily be, that the people reduced to want and poverty 
will soon fall into Manufactures of their own since they can no 
longer be supplyed from Great Brittain by the produce of their 
Labour in Tobacco. Materials for such Manufactures are not 
wanting here. Cotton and Flax may be produced in great abund- 
ance & the Wool, Hydes and Deerskins will afford a supply of 
Cloathing to great numbers of the Inhabitants whenever their 
Necessities oblige them to apply their industry that way. And as 
this would not only endanger the loss of the Tobacco Trade 
wch employs so many of the People and Shipping of Great 
Brittain, so it would no less affect the Brittish Manufactures 
with w ch this Country has hitherto been supplyed while Tobacco 
bore such a price that the people had where withall to purchase 
them. 

To prevent these Evil Consequences w ch are likely to flow 
from the decay of the Tobacco Trade, the General Assembly, and 
especially that part thereof, w cb has the Hon r to be more imme- 
diately entrusted by his Maj ty as his Council, thought it became 
them to fraim such a Bill as might remove those Frauds wch 
have ruined this Trade and recover the Reputation of their Staple 
Commodity in the Brittish Markets. And to this purpose the 
Bill now under Your Hon" Consideration has been prepared. 
In w ch tho there be some Regulations entirely new, Yet the 
same are warranted by the practice of former Assemblys, wch 
have from time to time regulated Abuses in the Manufacture 
of Tobacco and divers of those Laws made for that End still 
subsist without being disapproved or faulted; such as the Law 



Executive Journals, Council of Colonial Virginia 47 

against false packing, the Law prohibiting the sending of Seconds, 
and the Law for limitting the time of planting, appointing sworn 
Receivers and directing an Oath to be taken by the Freighters 
to y e goodness of their Tobacco before it be Shipped for Exporta- 
tion. But because these former Laws have not had the desired 
Effect, it has been found necessary to lay the planters under 
such a restraint as that none may be encouraged to ruin them- 
selves and the publick by aiming at making of greater Quantitys 
of Tobacco than their Land can bring to perfecon or their Hands 
duely tend and manage. 

The Quantity of Tobacco proposed by this Act to be planted 
Yearly is limitted to six thousand plants for all tithable persons 
that work in the Ground being The Quantity of Tobacco thou- 
sand for all Males above ten and under sixteen Years, and all 
single Housekeepers having no Servants or Slaves are allowed 
to plant 10,000 plants and for the Limitation the following Rea- 
sons are humbly offered. 

1 st That the far greater part of the Land in Virg a con- 
venient for the planting of Tobacco, is by long Labour and a want 
of Manuring become greatly impoverished and yet such is the 
eagerness of the Owners to make great Q tys of Tobacco, that 
they will Continue to plant on such mean Land, tho they know 
at the same time the Tobacco produced thereon scarce deserves 
that name and is only fitt to clogg the Market, and lessen the 
value of that wch is really Good. But by this Law no man 
will be under the Temptation of planting on mean Ground, since 
there will always be found enough of good Land to plant the 
Q ty directed hereby, and enough to employ all other Manured 
Ground. 

2 dly It is notorious that those who aim at the greater Crops 
make the worst Tobacco, and it is agreeable to reason that a 
Plant of so nice a nature as that of Tobacco, wch requires con- 
stant Labour to cultivate it in the Field must suffer both in its 
substance and Quality if neglected through the inability of y e 
Planters to give it that due and necessary Cultivation : neither 
is the Inconveniency less in the Management after it is brought 
into the House, where every plant how meansoever requires an 
Equal Labour w th the very best in the curing, stripping and 
Packing. And as it is found by Experience that those who plant 
an overCrop have generally mean Tob° so the handling and pack- 
ing thereof is no less careless and slovenly. But by this Bill no 
man will have more Tobacco than he can duly tend on the 
Ground and manage in the best manner after it is gathered in, 
and yet will have enough to employ all his hands if he makes 
it truly Good. 

3 d]y As by the Regulations proposed in this Act none but 
good Tobacco will be made, so it may reasonably be Expected 
the Price of that Commodity will be considerably encreased and 



48 Executive Journals, Council of Colonial Virginia 

abundance of those Frauds prevented wch have been so long and 
with so much reason complained of in Great Brittain. The price 
of every Commodity is estimated according to its Goodness. 
This is confirmed by Experience in the case of those Gent" in 
Virginia, who prudently avoiding the common Error, have more 
regarded y e Quality and good management of their Tobacco than 
the Quantity and number of their Hogsheads ; these still find 
their Acco ts in the price of their Tobacco at Home, while many 
of the others are brought in Debt. And that this Act w 11 greatly 
contribute towards preventing of Frauds in the Customs will ap- 
pear evident to any one who considers that it is the common & 
known practice of the out port Factors to buy up all the Trash 
Tobacco they can find ; that it is no less notorious that great 
Q tys of the meanest of that purchased Tobac° is by the same 
Factors mixt w th Sand & dirt & damnified w th Water to make 
it weigh the heavier & then given up to be burnt at their ports 
of Discharge and Debentures obtained for the Allowance given 
by Act of Pari' If therefore there be no such trash Tobacco to 
be purchased after this Law takes place the Frauds wch have 
been hitherto carried on chiefly by that means will be effectually 
prevented, since none w 11 find it worth while to damage good 
Tobacco for w ch a suitable price may be expected. 

It remains that We answer some Objections w ch may be 
offered against the Regulations wch are Established by this Bill 
with respect to his Maj tys Interest in his Customs, and the Trade 
of Great Brittain. 

As to what concerns the Customs, it is very demonstrable, 
that these will rather be encreased than diminished by the pro- 
posed Regulation ; For whoever will make an Estimate of the 
vast Quantitys of Tobac° wch have for some Years past been 
given up to be burnt will readily grant that a far less Q ty im- 
ported & lyable to no such penalty would have yielded much 
more profit to his Maj tys Treasury. In the next place if it be 
considered that many of the fraudulent practices in the Customs 
so lately and fully made appear to the Pari* of Great Britain do 
proceed chiefly from the overloading the Market with greater 
Quantitys of Tobacco than can be vended in a fair and due course 
of Trade and the Importation of Trash Tobacco unfitt for any 
Market it will be found that this Bill wch is Calculated to re- 
move the foundation of these Frauds cannot but contribute to 
the encrease of his Maj tys Customs, when at the same time that 
it prevents the making of that kind of Tobacco by wch those 
Frauds are now carried on it encourages the fair Trader to make 
due Entry & payment of the Customs as knowing he has a Com- 
modity that w 11 fully answer that Expense. But that this Bill 
will very little diminish the Quantity of Tobacco, may be thus 
demonstrated. 



Executive Journals, Council of Colonial Virginia 49 

The Q ,y Exported from Virginia some Years past is com- 
munibus annis about 40,000 HH ds of wch about 24,000 Aronokoe 
& 16,000 sweet scented. 

The Aronokoe weighs one with another before Shrinkage 
600 pounds of nett Tobacco making 14,400,000 
The sweet sented weights 
800 making 12,800,000 



in all 27,200,000 



Now we will suppose that the 600pl ts tended on the best 
Grounds and in y e best manner will yield 750 pounds of Tobacco 
wch is at the rate of 8 plants to a pound, and that there will 
be at least 30,000 Tythables employ'd in Tobac inde 22,500,000 

Then that there will be 300 Young ones To whom 
we allow 375 pounds being half of the other 1,125,000 

in all 23,625,000 

To which if We add for the single Housekeepers 
(of whom We will suppose at least 2000) who are 
allowed ea 4000 Plants supernumary inde 1,000,000 



in all 24,625,000 



Which is but between 3 or 4000 hh d3 less than goes out now 
trash and all. Now if upon so little or no loss Tobac can be 
so regulated as to continue a valuable Commodity and the people 
kept from going on other Manufactures. It will be of very great 
Service both to his Maj ty and the Trade of Great Brittain. 

It is also certain that a thousand plants of Tob° well tended 
on good Ground will weigh more than double that q ty planted 
on mean Land and ill tended. And as the Customs in England 
do not arise from the number of hh ds Imported, but from the 
nett Weight of the Tobacco at the Scales the difference of tne 
Customs will be inconsiderable if any at all, besides the prohibi- 
tion of Trash will prevent the burning of such large Q tys of Tjo-^ 
bacco for wch no Custom is paid; and since there will be like- 
wise less temptations to Frauds, It is hoped that this Bill will 
be found rather Calculated to encrease than diminish Jais 
Majesties Customs. 

To this may be added the daily encrease of the number of 
People Employed in making of Tobacco by the Importation, of 
Negros, as well as by the encrease of the Inhab ts who being' 
chiefly employed in the making of Tobacco will always supply 
the European Markets with as much as can be vended. :. 

And as to what may be suggested with relation to the Traoe 
of Great Brittain ; It is apparent from what has been said be£ore 
that the Export of Tobacco will be very little lessened thereby.* 



50 Executive Journals, Council of Colonial Virginia 

That the Care taken herein for the making good Tobacco 
w 11 only prevent the Exportation of that Trash wch has hitherto 
proved an Injury to the Trade. 

That admitting the Quantity of Tobacco be some what les- 
sened, it will give an oppertunity to discharge the Market of that 
superfluous Load of bad Tobacco with wch the Merch ts are now 
incumbered. 

That supposing the Q ty to be lessened (w ch is not granted) 
the Owners of the Brittish Ships will be amply compensated 
in the advance of their Freight whenever the Planters find an 
encouraging price for their Tobacco. 

That considering the annual encrease of the People of this 
Colony It is not to be doubted but that as much Tobacco will 
still be made as the Markets in Europe can require ; and what- 
ever is produced here more than can be vended there is so far 
from being a benefit to the Trade of Great Brittain, that Experi- 
ence has shew'd it to be quite otherwise, many of the Merch ts 
having been ruined by that Commodity lying dead upon their 
hands, and many Inhabitants of Virginia involved in their Mis- 
fortunes. 

That the suffering any longer the making of bad Tobacco 
must unavoidably bring a disreputation of the Plantation Trade 
and encourage European Countries to fall upon the same Manu- 
facture to the endangering the entire loss of that Trade to Great 
Brittain And Lastly That without such wholesome Regulations 
as are proposed in this Bill for amending the Quality and ad- 
vancing the price of Tobacco abundance of the people of this 
Colony must be compelled by necessity to leave off the planting 
of Tobacco and apply themselves to other Manufactures that will 
better afford them the Conveniences of Life w ch will prove much 
more detrimental to the Brittish Trade and Manufactures than 
anything that can be imagin'd from this Bill. 

But besides the real Benefites accruing by this Bill Your 
Hon 1 " will have this farther Justification for your passing it 
l* You had a full Council to advise You and You followed their 
Advice 2 dly there is sufficient time given before the Law takes 
place to disapprove of it if it's judged inconvenient 3 dly If it 
takes place it is only for three Years and his Maj ty has it in his 
power (if that time be thought too long) to shorten it by 
signifying his disapprobation after one or two Years Tryal. 

'.It may be urged by some that it had been better to have ob- 
tained first his Maj tys positive Approbation to a Law of this 
nature. 

...But to this it is answered 1 st That a positive Approbation 
is more than we have to our other Laws, his Maj ty thinking fitt 
to keep it in his power to repeal them at pleasure wch is incon- 
sistent with the royal Assent and Approbation, and therefore it 
coiild not be expected to this 2 dly That considering our great 



Executive Journals, Council of Colonial Virginia 51 

distance this would often occasion so long delays that the remedy 
would come too late to answer either the Exigencys or the 
Clamours of the people 3 dly That Your Hon r could not by our 
Constitution so long suspend Your Assent or dissent for by 
Your dissent the Bill would have been lost and without a new 
re-enacting his Maj tys Approbation would have come too late to 
retrieve it : besides this reenacting would have put the Country 
to the Charge of between 2 & £3000 for a new Session of As- 
sembly. 

Upon all wch Accounts it seems most advisable upon this 
occasion to allow so much time before the Law takes place as 
that his Maj tys pleasure may be known ; and that his pleasure 
may immediately have its Effect either for approving or disap- 
proving the Law without subjecting it to the hazard and expence 
of another Sessions of Assembly. 

Ordered 

That a new Comission of the Peace issue for Northampton 
County with the addition of the several persons recommended 
by the said Court. 

Sundry petitions for Leave to take up Land were read and 
Granted Viz* 

To Drury Stith, Francis Tyler & Allen Howard for six 
thousand Acres of Land in Brunswick County begining at the 
lower end of the Fork of Roanoak River and runing up the said 
River to compleat that Quantity. 

To Robert Beverley, William Stanard, Barth" Yates and 
Henry Gains for sixteen thousand Acres on Spotsylvania County 
adjoyning to the Land lately Surveyed for Jeremiah Clowder 
Gent. 

To Richard Moore for seven hundred Acres of Land in Surry 
County joining on his own Land on Reedy Swamp and extending 
down to and over the great Swamp to compleat that Quantity. 

To Jeremiah Clowder Gent for ten thousand Acres in Spot- 
sylvania County on the Branches of Pamunkey River begining 
at Slippery Run. 

To Richard Jones for twelve hundred Acres on the Mortar 
Branch in Prince George County begining on Capt John Evans's 
upper Line on the said Branch. 

To John Mitchell two thousand Acres of Land lying on 
Harrys Swamp on the North side of Nottoway River in the 
County of Surry. 

To Is.aac Hall one thousand Acres lying on Harrys Swamp 
the N° side of Nottoway River in the County of Surry. 

To Tho s Jones Son of Richard Jones of Prince George County 
for two thousand Acres on the great Creek of Nottoway River 
including the Pet rs Land already Granted there. 

To Tho Avent for one thousand Acres on Otterdam Swamp 
in Surry County being the wast Land adjoyning to Robert 
Humphreys and Richard Paces Surveys. 



52 Executive Journals, Council of Colonial Virginia 

At a Council held at the Capitol October 19 th 1723 

Present 

The Hon ble Hugh Drysdale his Maj tys Lieu* Governor 

Edmund Jenings Mann Page 

James Blair Cole Digges 

John Lewis Peter Beverley & 

Nath 1 Harrison John Robinson Esq rs 

Whereas Tho 3 Massy of the County of Isle of Wight Lab r 
being suspected of the Murder of a Nottoway Indian, and an 
Indictm' preferred against him this General Court has been ac- 
quitted by the Grand Jury for want of legal proof ; Nevertheless 
it appearing to this Board that the said Indian dyed the next 
day after the blows he received from the said Massy, whereby 
the Indians of that Nation may be provok'd to revenge them- 
selves if some Satisfaction be not given them ; This Board thought 
fitt to call before them as well the said Massy, as the Chiefs 
of the said Indians ; and having heard what Satisfaction the 
Indians demanded, as well as what the said Massy was contented 
to give ; It is thereupon Ordered by Consent of both Parties 
that the said Tho s Massy pay unto the relations of the deed 
Indian the Value of five hundred Cubits of Roanoak, which the 
said Indians agree to accept in full Satisfaction so that upon such 
payment the said Massy need not for the future be under the 
Apprehensions of any private Revenge or Injury, by reason of 
the Death of the said Indian. And it is further Ordered by this 
Board that the said Massy forthwith do give sufficient Surety 
for his good Behaviour for a Year & a day before he be dis- 
charged out of Custody. And because the Quarrell between the 
said Massy and the deed Indian was occasion'd by his selling 
Rum and other strong Liquors to the said Indian ; It is further 
Ordered That the said Massy do not for the future presume to 
sell any Rum, Brandy or any other strong Liquors to any Indian 
whatsoever on pain of being prosecuted for the same w th the ut- 
most Severity. 

Ordered That a Proclamation issue for proroguing the Gen- 
eral Assembly to Thursday the 15 th Day of May next; It ap- 
pearing to this Board there is not any immediate Occasion for 
its Meeting according to the former Proroguation. 

On the Complaint of John Anderson against certain of the 
Nottoway Indians for threatning the Death of his Overseer, and 
taking away his Gun, It is referred to Nath Harrison Esq 1- to 
examine into the Matter of the said Complaint, and to direct 
such Satisfaction to the said Compl' as he shall thereupon judge 
proper to be given by the s d Indians, and in case of their re- 
fusal to make this Report to this Board. 



Executive Journals, Council of Colonial Virginia 53 

At a Council held at the Capitol October 24 th 1723 

Present 

The Governour 

Robert Carter "Nath Harrison 

James Blair Mann Page 

Philip Ludwell Cole Digges 

John Lewis Peter Beverley & 

John Robinson Esq rs 

The Governor was pleased to communicate to the Council the 
Advices lately reced from the Right Hon ble the Lords Com rs of 
Trade and from Peter Leheup Esq r Agent for this Colony re- 
lating to the publick Affairs of the Government. 

Peter Leheup Esq r Sollc r of the Virginia Affairs intimat- 
ing that he has expended sundry Sums of money on the publick 
Service of this Colony : It is the Opinion of this Board that M r 
Leheup be desired from time to time to transmitt to the Rec r 
Gen 1 here an Acco 1 of such Sums of money as he shall have occa- 
sion to expend in his Negotiation of the Affairs of this Govern- 
ment, and that the same be paid out of his Maj tys Revenue of 
2s per hh d &c. 

Ordered That a new Commission of the Peace issue for the 
County of Gloster and that M r Henry Armestead be placed in 
his former Rank in the said C° and M r Tho Read Jun r added 
thereto. 

Ordered That a new Commission of the peace issue for the 
County of Stafford w th the Addition of the several Gent n recom- 
mended to be Justices of the said County. 

Whereas the Maherine and Nancemond Indians have this 
day complained that notwithstanding the repeated Orders of this 
Governm* for securing to them the possession of their Lands 
whereon they have for many Years past been seated between 
Nottoway and Maherine Rivers divers persons under pretence of 
Grants from the Governm* of N° Carolina have surveyed the 
Lands of the said Indians, and begun to make Settlements within 
their cleared Grounds ; It is the Opinion of the Counc 1 that the Governor 
be requested to repeat his Instances to the Gov r or President of N° 
Carolina for the time being to recall all such Grants as have been 
made by that Government within the Bounds in dispute between 
the two Collonys ; and more particularly that the Governm* of 
N° Carolina take care no persons pretending to Authority from 
thence to disturb the Indians in the possession of the Lands they 
enjoy by Virtue of Treaties of the Peace which have been ap- 
proved and confirmed by the Crown. And because the Presid* 
of N° Carolina has hitherto thought fitt to take no Notice of a 
Letter sent him last April upon a former Compl' of the Nance- 
mond and Maherine Indians, It is Ordered that a Copy of the 



54 Executive Journals, Council of Colonial Virginia 

Order of this Board dated the 30 th of October 1721 be now sent 
to the Governor or president of N° Carolina for the time being 
with Intimation that in Case that Government do not immediately 
put a stop to the Incroachments complained of by the said 
Indians ; and also recall all Grants and to annull all Surveys 
made within the controverted Bounds since the mutuall Agree- 
ment entred into by both Gov ts in the Year 1714 Orders will 
be forthwith given pursuant to the Resolutions of the Board y e 
30 th of October 1721 for removing by force all persons seated 
within the said controverted Bounds under pretence of any Grant 
or Authority from the said Governm* of N° Carolina. 

At a Council held at the Capitol October 31 st 1723 

Present 

The Governour 

Edmund Jenings Nath Harrison 

Robert Carter Mann Page 

James Blair Cole Digges 

Philip Ludwell Peter Beverley & 

John Lewis Jn° Robinson Esq rs 

For preventing the many undue practices which have been 
discover'd in holding Lands under pretence of Entrys and Sur- 
veys without sueing out Patents for the same, whereby his 
Maj ty is defrauded of his Q u Rents and others who would take 
up & Cultivate the s d Lands are deprived of the Benefite thereof; 
The Governor with the Advice of the Council is pleased to Order 
as it is hereby Ord d , That for the future all Entrys for Land 
hereafter to be taken up be made with the proper Surveyor of 
the Courtty where the said Lands lye and not with any Person 
pretending to act as Deputy or Assistant to such Surveyor. And 
in regard there may be sundry Entrys made with such Dep tys 
or Assistants which have not yet been surveyed ; It is further 
Ordered and Directed that the several Surveyors do forthwith 
require from their Deputys or Assistants Copys of all such Entrys, 
and cause the same to be inserted according to their respective 
Dates in the Entry Books of their respective Offices to the end 
the same may be surveyed according to the Priority of such 
Entrys where the partys concerned shall require the same. And 
whereas by an Order dated the 13 th of August 1717 It was di- 
rected that where any Lands should be surveyed and a Piatt 
and Survey deliver'd to the person claiming the same if such 
person should not at the next succeeding General Court return 
the same Survey into the Secretarys Office and sue out a Patent 
within six months after such Return, that then the said Survey 
should be void, and the Lands therein mentioned lyable to the 
Entry of any other person ; which said Order has not had the 



Executive Journals, Council of Colonial Virginia 55 



intended Effect by reason of the secret Combinations between 
the Surveyors and the Partys entring of Lands; It is therefore 
Ordered that the following Rules be hereafter strictly observed 
and put in Execution Viz* 

That the several Surveyors of the Frontier Countys do as 
soon as possible transmit! to the Aud r of his Maj tys Revenues 
a true Account of all Surveys made by them in pursuance of 
Orders of the Council Board, and that they give Publick Notice 
at the respective Court Houses of the lapse of all such Grants or 
Entrys as they shall know to be now void by Law and the 
present Orders of Government, and that they then receive Entrys 
in common Form From any person desiring to take up any part 
of the said Lands. 

That the said Surveyors do not proceed to Survey any Lands 
in pursuance of any Lycence or Order from this Board untill such 
Order or Lycence be entred in the Aud" Office and an Endorse- 
ment of such Entry made thereon. 

That the said Order or Lycence be delivered to the Surveyor 
together with the full number of Rights for the Quantity of 
Land expressed therein within three months after the Date there- 
of or otherwise not to be received by such Surveyor. 

That in Case the Survey be not compleated within one Year 
from the Date of the sd Order, that the same shall be void unless 
it appear that the compleating such Survey has been obstructed 
by the Death of the party or Surveyor or any other unavoidable 
Accident. 

That the several Surveyors be and they are hereby required 
to deliver to the Aud r in April annually a List of all Surveys 
performed by them during the preceding Year denoting for whom 
the Survey was made, the Quantity of Land Surveyed and the 
time of delivering out the Piatt and Survey to the party claim- 
ing such Land. 

That no Entrys be hereafter received for any Lands except 
in the Countys of Brunswick and Spotsylvania without Rights 
nor in those Countys unless his Maj ty shall signify his pleasure 
for releasing the same. 

That all Surveyors be and they are hereby strictly enjoin'd 
to cause a Memorandum to be made in their Entry Books of the 
time they give Notice of their being ready to Survey the Land 
therein contained And in Case the party claiming the same neg- 
lect to attend according to Law for making the Survey that 
then the said Surveyors give publick Notice of the lapse of all 
such Entrys at the first County Court after the same shall hap- 
pen. 

And Whereas through the Negligence of Surveyors many 
people are greatly delayed in obtaining their patents, and others 
deceived in the Quantitys of Land entred for through the Mis- 
computation of the said Surveyors which might easily be rectifyed 



56 Executive Journals, Council of Colonial Virginia 

if such computation was made while the Survey 1, is upon the 
Spot; For remedying w ch Abuses it is hereby Ordered That every 
Surveyor be required to finish the Survey and Piatt of each Tract 
of Land before he depart from the Land or at least to make such 
exact Computation of the Courses and Distances thereof that 
the person for whom the same is made be not Prejudiced by any 
Error or Neglect. And where it shall appear upon due proof 
that any Person has been deprived of the Quantity of Land con- 
tained in his Entry or put to unnecessary Charge for obtaining 
Rights for Surplus Land contained in his Survey more than ex- 
press'd in his Entry through the Negligence of any Surveyor, 
such Surveyor shall be lyable to Suspension from his Office or 
such other Censure as this Board shall think fitt. 

And It is further Ordered That Copys of these Rules and 
Directions be sent to the Surveyors of the several Frontier Coun- 
tys and that they cause the same to be published at the Court 
Houses of the said respective Countys at the 1 st or second Court 
after the same shall come to their Hands, and cause a Copy 
thereof to be fixed up in the Court House to the end all per- 
sons concerned may take due Notice thereof 

Sundry Acco ts for Expresses & other Contingent Charges 
were examin'd and allowed 

An Acco* of sundry Charges for Reparation of the Gov rs 
House was exam d in Council and Ordered to be paid out of his 
Maj tys Revenue of 2s per hh d Port Dutys and head money. 

Whereas by the Act of Assembly for Erecting the Countys 
of Spotsylvania and Brunswick, It is directed that the Bounds 
of the s d County of Brunswick should be laid out and ascertain'd 
by the Governor of the Dominion for the time being with the 
Advice and Consent of the Council ; And it being found neces- 
sary that the said Boundaries should be speedily ascertained, It 
is Ordered That the Bounds of the s d County of Brunswick be as 
followeth Viz' : Begining where the upper line of Surry County 
crosses Nottoway River and runing thence a streight Course to 
Maherine River to or near y e Mouth of y e Reedy Creek or 
branch, thence down Maherine River to the lower part of Surry 
County thence a South Course to the Line lately run for ascer- 
taining the uncontroverted Bounds of this Colony towards N° 
Carolina, and that the Northern Line of the said County of 
Brunswick begin at the Mouth of the said Reedy branch, and 
run up the North branch of Nottoway River to the Head thereof 
& hence a Northwest Line to the Mountains, And it is Ordered 
That the first mention'd Line to ascertain the lower Bounds of 
the said County of Brunswick be laid out w th all convenient 
speed by the Surveyors of the said County. 



Executive Journals, Council of Colonial Virginia 57 

At a Council held at the Capitol November 5 th 1723 

Present 

The Governor 

Edmund Jenings Nath Harrison 

James Blair Peter Beverley & 

Philip Ludwell Jn° Robinson Esq rs 

The following Warrants on the Rec r Gen 1 to be paid out of 
the Revenue of 2s per hh d Port Dutys & head money were sign'd 
by the Governor in Council Viz 1 — 

To the Governor Half a Y rs Sallary ending Oct r 25 th 

1723 £1000 

To the Council half a Y rs Sallary to y e same time. . . 175 

To the Aud r Gen 1 of the Plantations to ditto 50 

To the Sollic r half a Y rs Sallary to D° 50 

To the Attorney Gen 1 half a Y rs Sallary to D° 20 

To the Clerk of the Council l / 2 a Y rs Sallary to D° 50 

To sundry Ministers attending the Court & Assembly. . 18 

To the Armourer y 2 a years Sallary to Oct 1- 25 th 1723. . *6 

To the Gunners of the several Forts to Ditto 25 

To sundry Acco ts for Reparation of the Gov rs House. .222.19.4 
To sundry Contingent Charges 252.19.4 



And out of the Quitt Rents. 

To the Com ry y 2 a Years Sallary ending Oct 1- 25 th 

1723 £50.0.0 

To the Attorney Gen 1 for the same time 30.0.0 



The Acco ts of 2s per hh d port Dutys and Head money being 
certifyed by the Aud r and sworn to by the Rec r Gen 1 were sign'd 
by the Governor as usual. 

Ordered That publick Notice be given throughout the Colony 
that all Caveats and other Pet ns now depending before the Gov- 
ernor in Council relating to Entrys, and other Controversys about 
Land, will be heared at the Court of Oyer and Terminer wch is 
to be held the 2 d Tuesday of Dec r and that for the future the like 
Method will be continued at the times appointed for holding the 
said Courts of Oyer & Terminer in June & Dec r of w ch all per- 
sons concern'd are required to take Notice and to give their 
Attendance and made out their several pretensions to the Lands 
in Controversy : And the Sheriffs of the respective Countys are 
to cause this Order to be published at the Churches and Court 
Houses of their said several Countys. 

The following Petitions for Land were read and granted 
upon the Conditions agreed on in Council the 31 st of Octo r last 
Viz 1 — 



58 Executive Journals, Council of Colonial Virginia 

John Davis for six Hundred Acres lying on both sides the 
Otterdam Swamp in the County of Surry including a former 
Entry of y e Pet r . 

Joseph Mayo for three thousand Acres lying on the South 
side of James River in the County of Henrico near the West 
end of Elk Island. 

Francis Epes for one thousand Acres of Land lying on Winto- 
pack in Henrico County begining on a Patent granted to Fran 3 
Epes the Elder dec d and on the Land granted to W m Moore & 
Philemon Jones being surplus Land joyning on the said patents. 

Henry Randolph for twelve hundred Acres on Deep Creek 
the South side of Appamatox River and on the N° side of Deep 
Creek on Beaver Pond Branch in Prince George County. 

Robert Boiling for three thousand Acres lying on Saponie 
Creek in Prince George County including his Patented Land 
formerly granted. 

Peter Jones for one thousand Acres lying on Evans's Run on 
the S° Side of Nottoway River in Prince George County. 

On the Petition of Tho 3 Randolph setting forth that he hav- 
ing made several Surveys of Land on Fine Creek in Henrico 
County amounting to the number of two thousand & six hundred 
Acres and praying Leave to include the said Quantity of Land 
in one Patent, Leave is accordingly granted him to include the 
said two thousand & six hundred Acres of Land in one Patent 
according to the Prayer of the s d Pet n . 

James Skelton by his Petition setting forth that having En- 
tred for and Surveyed twelve hundred Acres of Land on the 
South side of the Fo River in Henrico County and twelve hun- 
dred Acres on the North side of the said River in six several 
Surveys, and praying Leave to include the said Land in two 
Patents, Leave is accordingly granted the Petitioner to include 
the said two thousand four hundred Acres in two distinct 
patents according to the Prayer of his Petition. 

John Stewart an Orphan by Francis Epes his Friend setting 
forth by his Petition That his Father John Stewart deceased 
Entred for and Surveyed two thousand Acres of Land on Fight- 
ing Creek in Henrico County but neglected to sue out a Patent 

for the said Land, in his life time & leaving his Wive 

Stewart Executrix she likewise neglected to obtain a Patent for 
the same, and the necessary Certificate from the Surveyor being 
now lost, W m Finney Clerk has thereupon by his Petition to 
this Board lately obtained an Order to Survey the said Land 
for his own Use; The Pet r therefore prays Leave to resurvey 
the said Land in Order to Obtain a Patent thereof exclusive of 
the said W m Finney ; This Board taking the premises in Con- 
sideration, Leave is accordingly Granted the Petitioner to re- 
survey the said Land and Ordered that a Patent be granted him 
for the same, and that no Survey thereof be made for y e s d 
Will" 1 Finney Clerk or any other person. 



Executive Journals, Council of Colonial Virginia 59 

At a Council held at the Capitol December 11 th 1723. 

Present 

The Governor 

Edmund Jenings Nath Harrison 

James Blair Cole Digges 

Philip Ludwell Peter Beverley and 

John Lewis John Robinson Esq rs 

Whereas the Officers of his Maj tys Revenue have represented 
to this Board the inconveniences they find in the Sale of His 
Majestys Quitt Rent Tobacco by the practice some Years 
since established of disposing thereof at the General Court held 
in April whereby it frequently happens that the Shipps are laden 
before the said Tobacco can be received, and by the Combination 
of the few purchasers, that attend at the time of Sale the price 
of the same is lessend to the great prejudice of his Majesty in 
his said Revenue ; And proposing that the ancient Method of 
disposing of the s d Quitt Rents may be revived, and the Aud r 
& Rec r Gen 1 impowered to sell the said Tobacco at any time 
as they shall find Purchasers; This Board taking the same into 
Consideration have thought fitt to Order That the Aud r & Rec r 
Gen 1 be and they are hereby impowered to sell the Tobacco re- 
ceived for his Maj tys Quitt Rents in the several Countys of this 
Colony at such times as they shall find most convenient for his 
Maj tys Service and the Advancement of that Revenue. 

The Governor laid before the Council a Letter from the 
President of N° Carolina in answer to two Letters written in 
pursuance of the Resolutions of this Board in relation to the Dis- 
turbance given by the people of N° Carolina to the Maherine and 
Nancemond Indians and the granting of Lands within the con- 
troverted Bounds, the said Letter was read. In which the said 
President promises to put a stop for the future to the Practices 
complained of 

On reading at this Board the Petition of Will m Ellis late 
Master of the Ship Patridge of London, setting forth that about 
the beginning of Sep r last he sailed from the Province of Mary- 
land having on b d four hundred and fifty H ds of Tobacco con- 
signed to the port of London, for w ch he paid the Country Dutys 
of that province, and being obliged by contrary Winds to put 
into Linhaven Bay in this Colony, the said Ship was by a violent 
Storm drove from her Anchors, and forced on Shore near Wil- 
loughbys Point where she now lyes stranded, and in all prob- 
ability incapable of being gott off or repaired, That the Pet r has 
for the benefite of the Freighters endeavoured to save the Lading 
of Tobacco, and hired for its Transportation to London two small 
Ships belonging to Boston the one called the Dove W m Winton 
Master the other the Philip & Eliz a Richard Douse Master both 



60 Executive Journals, Council of Colonial Virginia 

now lying in the lower District of James River, and praying that 
the said Tobacco may be exempted from the payment of the 
Duty of 2s per hh d in this Colony ; The Governor with the Advice 
of the Council is pleased to order as it is hereby Ordered, That 
the Tobacco saved out of the said Ship Patridge & laden on 
Board the two Shipps aforesaid hired for the Transportation 
thereof to London be exempted and discharged from the Duty 
of 2s per hh d and the Rec r of y e Virginia Dutys in the lower Dis- 
trict of James River is hereby required to take Notice thereof. 

The several Petitions of John Craddock and W m Hall for 
stoping a Patent sued out by W m Russell of the County of King 
& Queen for a Tract of Land found to Escheat from John Fry 
dec d are referred to be heared. before the Governor in Council 
on the 2 d Tuesday in June next being the time appointed for hold- 
ing the Court of Oyer & Terminer. 

The Petition of Tho Marston for stopping a Patent sued out 
by Mary Dibdall, and others for the Land found to Escheat from 
John Dibdall of New-Kent County dec d is referred to be heared 
before the Gov 1- in Council at the time of holding the next Court 
of Oyer & Terminer. 

The following petitions for Leave to take up Land were read 
and granted upon the Conditions agreed on in Council 31 st of 
Octo r last. 

To Math Mayes one thousand Acres of Land joyning on 
his upper Line on Mahoopmack Creek in Prince George County 
and runing thence to the Head of Hatches Runn. 

Tho s Sessums for eight Hundred Acres on Ising Glass Creek 
in Brunswick County formerly part of Prince George County. 

On the Petition of Hen Vaden Leave is granted him to in- 
clude in one patent seven hundred Acres of Land formerly sur- 
veyed in two Tracts and lying contiguous on the South side of 
the 2 d Branch of Swift Creek in the County of Henrico. 

On the Petition of W m Macklin, Leave is granted him to in- 
clude in one Patent two Tracts of Land containing four hundred 
Acres each lying contiguous on Ising Glass Creek in Brunswick 
County formerly part of Prince George County. 

At a Council held at the Capitol January 18 th 1723 

Present 

The Governour 

Edmund Jenings James Blair & 

Cole Digges Esq rs 

Whereas their Excell oyB the Lords Justices by their Order in 
Council Bearing date the 17 th day of August 1723 and now 
read at this Board have declared their Disallowance & Disap- 
probation of one Act passed in the General Assembly of this 



Executive Journals, Council of Colonial Virginia 61 

Colony in the Year 1722 Ent d an Act for amending the Act 
concerning Servants & Slaves and for the better Government of 
Convicts imported and for the further preventing the Clandestine 
Transportation of persons out of this Colony. It is Ordered That 
a Proclamation issue notifying that the said Act is pursuant to 
their Excell cys the Lords Justices' pleasure repealed & made void ; 
And a Proclamation was prepared accordingly. 

Att a Council held at y e Capitol February 18 th 1723 

Present 

The Governor 

Edmund Jenings Nath Harrison 

James Blair Cole Digges and 

Philip Ludwell Peter Beverley Esq rs 

The Governor laid before the Council an Additional Instruc- 
tion from their Excellencys the Lords Justices directing the Man- 
ner of passing private Acts of Assembly; And the same was 
read and Ordered to be enter'd in the Council Books. 

Whereas their Excell c!r3 the Lords Justices have by their 
Order in Council, bearing date the 6 th day of August 1723, signi- 
fyed their Excell C5rs pleasure upon an humble Address made to 
his Majesty by the Council and Burgesses of this Colony for 
Exempting the Inhabitants of the two new Erected Countys of 
Brunswick and Spotsylvania from the purchase of Rights and 
payment of Quitt Rents. And the said Order of the Lords Jus- 
tices being this day laid before the Board It is the Opinion of 
the Council, and accordingly Ordered, That their Excellencys 
pleasure for granting a Remission of paym* of Quitt Rents for 7 
Years, to be reckon'd from the l 3t day of May 1721 be notifyed 
to the Surveyors of the said Countys to the end such as desire 
to take up Land in those Countys may be inform'd of the En- 
couragement thereby granted them. And upon Consideration of 
the several Restrictions mention'd in the said Order of their 
Excell eys the Lords Justices upon w ch the Exemption aforesaid 
is granted ; It is the Opinion of the Council, that there is no 
need to enjoyn the giving Security for payment of Quitt Rents 
for the Lands formerly patented & possessed by any Patentee, 
who shall now remove into either of the two said new Countys, 
because there will always be left sufficient Distress upon the said 
old patented Lands to satisfy his Maj tys Quittt Rents. But 
Whereas it appears to this Board, that divers considerable Tracts 
of Land are included within the Bounds of the said two new 
Countys, which were granted by Patent & paid Q" Rents before 
the said Countys were erected ; It is the Opinion of this Board, 
That all such Lands ought still to pay Q" Rents according to 



62 Executive Journals, Council of Colonial Virginia 

the Condition of the Grants; And that the Officers of his Majestys 
Revenue give Directions for demanding & levying the same ac- 
cordingly. 

And on Consideration of that part of the aforemention'd 
Order of their Excellencys the Lords Justices, directing that no 
person whatsoever be allowed to take up more than a thousand 
Acres in either of the said new Countys, It is the Opinion of this 
Board, That all persons who have already taken up greater 
Quantitys of Land in the said Countys are not entitled to the 
Benefite of the said Exemption ; but ought to pay the Rights 
for the same, and also the Quitt Rents from y e time the same first 
became due after the Date of their patents ; And that the Officers 
of the Revenue, do demand the payments of the said Rights and 
Quitt Rents accordingly. And 

Pursuant to their Excellencys the Lords Justices pleasure 
it is Ordered That the Surveyors of the Countys of Brunswick 
and Spotsylvania do not for the future receive any Entrys for 
more than one thousand Acres for any person whatsoever, nor 
make any Surveys of the Lands already enter'd exceeding that 
Quantity. 

For preventing any Disputes which may happen concerning 
the payment of Quitt Rents for the Lands newly patented ; It is 
the Opinion of this Board that the first payment of the Q" 
Rents reserved to his Maj ty on all such Lands be made at the 
Feast of S' Michael the Arch-Angel w ch shall next follow the 
Expiration of one whole Year after the Date of the respective 
patents ; And that no Quitt Rents be demanded for the interven- 
ing time between the Date of such Patents & the begining of 
the said Year. 

On the Petition of Abr Arnold, setting forth, that he had 
Surveyed for him 400 Acres of Land in King W m County, and 
returned a Survey thereof into the Sec rys Office in Order to obtain 
a patent; but some time after he was inform'd by the Surveyor, 
that the said Survey was lost, and thereupon he obtained a new 
Survey to be made out, and returned into the Secretarys Office ; 
by which means there are two patents made out for the same 
Land ; And praying that the Letter of the said patents be Can- 
celled, and his Rights returned. It is accordingly Ordered, That 
the said patent be cancelled, and his Rights returned, according 
to the prayer of the Petition. 

Ordered That a new Commission of the Peace issue for the 
County of Warwick, with the Addition of the several persons 
recommended by the Court. 



Executive Journals, Council of Colonial Virginia 63 

At a Council held at the Capitol April 16 th 1724 

Present 

The Governor 

Edmund Jenings Nath Harrison 

James Blair Cole [Digges] and 

Philip Ludwell Peter Beverley Esq" 

The Governor proposing to the Consideration of the Council 
whether there be any Occasion for the meeting of the General 
Ass bIy according to its last Prorogation, It is the Opinion of the 
Council, that the Assembly be further prorogued till Thursday 
the 9 th day of July and a Proclamation was prepared accordingly. 

At a Council held at the Capitol April 23 d 1724 

Present 

The Governour 

Edmund Jenings Nath Harrison 

Robert Carter Mann Page 

James Blair Cole Digges 

Philip Ludwell Peter Beverley & 

John Lewis John Robinson Esq" 

The Governor was this day pleas'd to communicate to the 
Board the Doubts which occurr'd to him upon the late Order 
of their Excellencys the Lords Justices for Granting Lands in 
the two Countys of Brunswick and Spotsylvania; for that by 
the Words of that Order, it seems to be the intent of the Crown, 
that none should hold a greater Quantity than one thousand 
Acres in either of these Countys. And since all those Grants for 
large Tracts, which have been made since the Erection of the 
said Countys, appear to be contrary to that Intention, he now 
desired the Advice of this Board, Whether any Act ought to be 
done by the Government here, tending to corroborating those 
Grants untill his Majestys pleasure be further known. The Coun- 
cil taking the same into Consideration, are of Opinion, that ac- 
cording to the Order of their Excellencys the Lords Justices, no 
person ought to be allow'd to take more than one thousand 
Acres of Land in either of the said new Erected Countys ; And, 
seeing no Direction is therein given concerning those larger 
Tracts taken up in those Countys, It is fitt that Application be 
made to his Maj ty for a further Signification of his royal pleasure 
relating to those larger Grants. And because it appears to this 
Board, that many Difficulties are likely to arise by means of 
the irregular passing of Patents for Land in the new Countys 
upon Bonds taken with Condition either to pay for Rights or 
Surrender the Lands ; and some patents issued where no Rights 



64 Executive Journals, Council of Colonial Virginia 

have been either paid or secured to be paid, It is the Opinion 
of the Council, That a Representation of the whole proceedings 
relating to the Grants of Lands which have been made in the 
Countys of Brunswick and Spotsylvania be prepared, and trans- 
mitted to the Right Hon ble the Lords Com" for Trade and 
Plantations ; and that their Lordps be humbly desired to lay the 
same before his Majesty for his Royal pleasure therein, more 
particularly For an Explanation of that part of the Lords Justices 
Order which limitts the Quantity of Land to be granted in the 
said new Countys, & how far those patents are valid in Law 
w ch have been granted contrary to his Majestys Intentions de- 
clared in the s d Order, and where no Consideration of Rights 
has been paid for obtaining the same ; unto the end their Lordps 
may be the better inform'd herein, that Lists of the several 
Grants of Lands in those new Countys, and Copys of the Form 
of the patents granted and Bonds given for the Rights be trans- 
mitted to their Lops ; together with the said Representation. And 
because the Council are humbly of Opinion, that the restraining 
the Granting of more than one thousand Acres of Land to any 
one person in the said new Countys will discourage the Settle- 
ment thereof, and prove greatly prejudicial to his Maj t7 in his 
Quitt R ts , That therefore their Lordps be requested to interceed 
with his Majesty, that the same be for the future taken off. and 

Whereas the Acceptance of payment of Rights or Q" R ts , 
for the Lands granted in the Countys of Brunswick and Spotsyl- 
vania, may be construed an Allowance or Approbation of those 
large Grants, w ch now appear to have been made contrary to 
his Majestys Intentions ; It is therefore Ord d That the Officers 
of his Majestys Revenue be directed not to make any Demand 
of the said Rights or Q" R ts for any of the Lands granted within 
the said Countys since the Erection thereof untill his Maj t7s 
pleasure be further known. And that the Order made the 18 th 
Day of Feb ry last, be hereby reversed, and made void, except 
so far as concerns the Q" Rents of Lands heretofore granted by 
patent before the Erection of the said Countys, and which are 
now comprehended within the Limitts thereof 

Whereas Will" 1 Bledsoe, Sheriff of Spotsylvania County, hath 
failed to attend the Officers of his Maj t>rs Revenue to make up 
any Acco 1 of his Maj ty3 Quitt Rents, and Dues in the said Acco\ 
It is Ordered, That the said Sheriff attend this Board the 1 st of 
May next, to show cause why he hath not complyed with the 
Governors Warrant for receiving the said Quitt Rents, and to 
give an Acco' of his Proceedings concerning the same. 

On reading at this Board a Petition of Zeriechias Flishman. 
and George Ouds in behalf of themselves and fourteen other 
high-Germans, now residing in Spotsylvania County near Ger- 
mana complaining that CoF Spotswood hath unjustly sued them 
in the Court of the said County, for non-performance of a certain 



Executive Journals, Council of Colonial Virginia 65 

Agreement pretended to be made by them in Consideration of 
money advanced them upon their Transportation into this Colony, 
altho they have hitherto perform'd, and were always ready to 
perform any Agreement they made with the said Col° Spotswood ; 
but tho they have often applyed to him for a Copy of the said 
Agreement, they made with him he hath refused to give them 
any such Copy, & therefore praying this Board to commiserate 
their Condition as being Strangers, and to make .such Order 
as they shall think proper to have the Agreement produced; The 
Governor, with the Advice of the Council is pleased to Order, 
as it is hereby Ordered, that (in regard of the Pet" poor Condi- 
tion, and their Ignorance of the Laws of this Colony) the person 
acting as Deputy Attorney for the King, in the said County of 
Spotsylvania, do appear for the Petitioners in the said Suits 
brought against them in that Court, that so the Petitioners may 
have the Benefite of a fair Tryal. 

Ordered That a new Commission of the Peace issue for the 
County of Spotsylvania with the Addition of the several persons 
recommended to be Justices in the said County 

On reading at this Board a Letter from Col u Geo Burrington, 
Governor of N° Carolina, intimating that the said Government 
had come to a Resolution to run the Dividing Lines between 
Virginia and Carolina, according to an Agreement made between 
Col° Spotswood, late Governor of Virginia and Col Eden, late 
Governor of N° Carolina, and desiring that Commissioners may 
be appointed on the part of this Government for performing the 
said Agreement, It is the Opinion of the Council, That the said 
Agreement be enter'd into, upon Condition, that the same should 
not be executed, without the Approbation of his Majesty ; And 
seeing no such Approbation has been yet notifyed hither, this 
Government ought not to joine in any such Division ; & the 
Governor is desired to signify this Resolution to the Governor of 
N° Carolina, 

A Petition of sundry of the Inhabitants of the County of 
Northumberland being transmitted to the Governor, by the Jus- 
tices of the said County, praying that Leave may be granted them 
to sett up a presbyterian Meeting-House in the said County ; the 
said Petition is referr'd to his Majestys Attorney General to con- 
sider and report his Opinion what ought to be done by the 
Petitioners in Order to obtaining a Lycence for such Meeting 
House. 



66 Executive Journals, Council of Colonial Virginia 

At a Council held at the Capitol April 25 th 1724 

Present 

The Governour 

Edmund Jenings Nath Harrison 

Robert Carter Mann Page 

James Blair Cole Digges 

Philip Ludwell Peter Beverley 

John Lewis John Robinson and 

John Carter Esq" 

Pursuant to his Majestys Letter under his Sign manual, 
bearing date the date of John Carter 

Esq r Sec try of this Colony, this day took the Oaths of Allegiance 
& Supremacy the Abjuration Oath, subscribed the Test, and 
took the Oath of a Councellor, and was admitted to his Place at 
the Board. 

At a Council held at the Capitol the 2 d of May 1724 

Present 

The Governor 

Edmund Jenings Nath Harrison 

Robert Carter Mann Page 

James Blair Cole Digges 

Philip Ludwell Peter Beverley 

John Lewis John Robinson and 

John Carter Esq" 

The Governor this Day with the Advice of the Council ap- 
pointed the following persons Sheriff's for the ensuing Year Viz 1 

Henrico Henry Randolph 

King Queen Rich d Dudley 

King Will" 1 Henry Fox 

Richmond Charles Grymes 

Essex Banj a Robinson 

York Will™ Sheldon 

New Kent Will™ Macon 

Charles City Drury Stith 

James City Benj a Welden 

Spotsylvania Tho Chew 

Warwick Tho Philipson 

Middlesex Chr Robinson 

Hanover Roger Thomson 

Northampton Marshall 

Eliz" City Josh Curie 

Accomack Edw d Ravell 



Executive Journals, Council of Colonial Virginia 67 



Surry Will™ Edwards 

Stafford Towns' Dade 

Lancaster Geo Heale 

King George Jonath Gibson 

Westmoreland Tho s Newton 

Northumberland Phil Smith 

Princess Anne Jonath Bolitho 

Gloster Cha Tomkins 

Prince George Fran 8 Epes 

Isle of Wight John Edwards 

Norfolk Willis Wilson 

Nansemond John Lear 

The Acco' of Contingent Charges for the last half Year was 
examin'd in Council 

Whereas Robert Jourdan Jun r of the County of Nansemond, 
was convicted this General Court of Writing and publishing a 
scandalous Libel reflecting on the Laws of this Governm* and 
the established Church, and thereupon is by Sentence of the 
said Court Committed to the public Goal untill he enter into 
Bond with Security for his good Behaviour for a Year and a 
Day ; and Whereas the said Jourdan being a Quaker doth alledge, 
that he cannot in Conscience enter into such Bond himself, nor 
engage any of his own profession to become bound for him, but 
is willing to find two sufficient Suretys, being persons of the 
Church of England to become bound for him ; It is the Opinion 
of this Board, That upon the said Jourdans making such Appli- 
cation to the Governor as his Hon r shall judge fitt, and paying 
His Fees a pardon issue for remitting the Sentence of the Gen- 
eral Court, and That in lieu thereof the Security offerr'd in be- 
half of the said Jourdan be accepted for his Good Behaviour. 

Christopher Robinson Gent. Naval Officer of Rapp 1 River 
having inform'd the Governor that Will m Pearson Master of the 
Ship Globe of Whitehaven at his Entry in the said Port did 
Produce a Coquet under the hands of the Officers of the Cus- 
toms in the port of Dublin certifying that there was laden there- 
on the said Ship seven Casks containing twelve hundred Weight 
of Head Nails two hundred and twenty seven pounds of Iron 
and six hatchetts w ch the said Coquet certifyes to, have been im- 
ported into Dublin from Bristol in the Ship Loves encrease y e 
sixteenth of Jan ry 1722; and the said Naval Officer desiring to be 
instructed whether the said Goods together with the Ship ought 
not to be forfeited according to the Act of Pari 1 of the 15 th 
King C : 2 d . The Governor was pleased to desire the Advice 
of the Council therein ; who having examin'd the Master of the 
said Ship, and, it appearing that the said Iron Ware was carried 
from Bristol to the Custom House of Dublin by the Owners 
and Freighters of the said Ship because there was not so con- 
venient an Oppertunity of Transporting the same to Whitehaven, 



68 Executive Journals, Council of Colonial Virginia 

and that the same is but of small Value, The Council are of 
opinion that there doth not appear any Design of Fraud in this 
Case and that therefore the said Ship be discharged from any 
Prosecution on that Account: But forasmuch as it seems doubt- 
ful whether according to the Acts of Trade the Manufactures of 
Great Brittain carried first to Ireland may be exported thence 
directly to the Plantations, the Council are further of Opinion, 
that the Case be stated & transmitted to the R l Hon ble the 
Lords Com™ of Trade and to the Com" of his Maj tys Customs, 
and their Directions prayed thereon. 

John Edwards Sheriff of the Isle of Wight County by his 
Petition setting forth the great Charge and trouble he hath been 
at for bringing the Quitt Rents of that County to a convenient 
Landing occasioned by the remote Scituation of the Lands for 
which the said Q" Rents are payable, and the Inconveniency of 
Transporting the same over two Rivers for which the present 
Allowance of 15 per ct is not a sufficient Compensation; It is 
thereupon Ordered That a further Allowance of 6 per ct be for the 
future allowed the Sheriff of that County to enable him to defray 
the Charge of making the s d Tobacco convenient, and that the 
Officers of his Maj tys Revenue do allow the same in the said 
Sheriffs Acco". 

William Bledsoe, Sheriff of Spotsylvania County this day 
attending according to Order, and being asked why he did not 
collect the Q" R" of the said County and attend the Officers 
of his Majestys Revenues according to the Governors Warrant, 
he answer'd, that he was advised by Col Spotswood not to 
meddle with the said Collection, & to write a Letter of Excuse 
to the Aud r ; which Letter the s d Col Spotswood undertook to 
draw for him, and accordingly delivered him a Copy, which he 
transcribed, and now produced in Council. And it appearing 
to the Board, that the said Bledsoe hath not received any part 
of the Quitt Rents of the said County for w ch he is to account 
he is thereupon dismist. 

At a Council held at the Capitol May 6 th 1724 

Present 

The Governour 

Robert Carter Nath Harrison 

James Blair Mann Page 

Philip Ludwell Peter Beverley & 

John Lewis Jn° Robinson & 

John Carter Esq" 

On the Application of his Majesty's Rec r Gen 1 , It is hereby 
certifyed, that the Course of Exch" at present within this Colony 
is 15 per C\ and It is Ordered That the said Rec r Gen 1 be allowed 



Executive Journals, Council of Colonial Virginia 69 

in his Acco ts the said difference on all Curr 1 money he hath re- 
ceived in payment of his Maj tys Revenues — 

The following Warr ts on the Rec r Gen 1 to be paid out of 
his Maj ,ys Revenue were this day sign'd by the Governor in 
Council. 

To the Governor half a years Salary ending 

25 th Ap r last £1000. 0. 

To the Gentl" of the Council for Ditto 175. 0. 

To the Aud r of the Plantations Ditto 50 

To the SolhV of the Virginia Affairs Ditto.. 50. 0. 

To the Attorney Gen 1 Ditto 20 

To the Clerk of the Council Ditto 50 

To the Armourer for Ditto 6 

To the Gunners at the several Batterys Do ... 25 
To sundry Ministers attending one General 

Court 6 

To the Charge of the Governors House 31. 0. 7j4 

To sundry Expresses & other contingent 

Charges 69.19.10j4 

And out of the Q lt Rents— 

To M r Com ry Blair y 2 Y r Salary to 25 ,h Ap 1 

last £ 50. 0. 0. 

To M r Attorney Gen 1 Ditto 30. 0. 0. 



The Acco' 8 of his Majestys Revenue of Q" Rents for the 
Year 1723, and of the 2s per hh d port dutys and Head money end- 
ing y e 25 th of April last together with an Acco* of certain piratical 
Effects being exam d by the Dep ty Aud r were severally sworn to 
by the Rec r General, and Certifyed by the Governor in the usual 
Forme 

Ordered, That M r Alexander Parker be continued Gunner and 
Storekeeper of the Battery at Hobbs Hole on Rapp" Riv\ 

The Officers of his Majestys Revenue representing to this 
Board, that the Rights formerly directed to be made out are 
already disposed of, It is thereupon Ordered That a further 
number of Rights to the value of £500 Sterl be issued by the 
said Officers with all convenient Speed. 

Whereas Daniel Davis of the County of King W m Labour' 
was in Indicted last General Court for the Murther of a Negro, 
and found to be a Lunatick and still continues under the same 
insanity of mind, It is the Opinion of this Board, that for pre- 
venting his doing farther mischief he be continued in Goal at 
the publick Charge, and that some Physician be employed for 
the Cure of his Lunacy. 



70 Executive Journals, Council of Colonial Virginia 

Edmund Sike having been at last General Court convicted 
of Felony, and it appearing upon his Tryal, that he is a fitt Object 
of Mercy ; It is the Opinion of this Board that he be pardon'd. 

On Consideration of the present Scarcity of Corn, It is Or- 
dered That a Proclamation issue for prohibiting the Exporta- 
tion of all manner of Grain, Flower, & Meal made of the same 
untill the 1 st day of August next. 

The following Petitions for Land were read and Granted 
Viz* : To Thomas Webster for one thousand Acres lying on 
Smacks Creek on Appamatox River in Prince George County. 

To George Robertson Cler for fifteen hundred Acres of 
Land lying on Flatt Creek in Prince George County, the same 
including a former Entry of the Petitioner near the said Land. 

At a Council held at the Capitol June y e 11 th 1724 

Present 

The Hon ble Hugh Drysdale Esq r L l Governor 

Edmund Jenings Nath 1 Harrison 

James Blair Mann Page 

Philip Ludwell Cole Digges 

John Lewis Peter Beverley and 

John Carter Esq" 

The Minutes of Council to this time were read. 

The Governor laid before the Council a Representation to 
the R* Honorable the Lords Commissioners of Trade and Planta- 
tions concerning the Grants of Lands in the Countys of Spotsyl- 
vania and Brunswick ; together with certain Queries prepared in 
pursuance of the Resolutions of this Board, the 23 d of April last 
for the better explaining the Order of their Excell cy9 the Lords 
Justices, and the said Representation & Queries were read. Or- 
dered, That a Proclamation issue proroguing the Gen 1 Assembly 
to Thursday the 12 th day of November next. 

New Commissions of the Peace for the Countys of York and 
Norfolk were this day Ordered in Council, with the addition of 
several new Justices recommended to be put in those commis- 
sions. 

On the Petition of Arthur Hopkins Gen 11 Leave is granted 
him to take up one thousand Acres in one Tract, lying on Camp 
Creek in the County of Hanover. 

On hearing at this Board the several pretensions of Thomas 
Marston and Margaret Dibdall Relict of John Dibdall dec" 
to certain Lands in New Kent County found to Escheat to his 
Majesty for want of Heirs of the body of the said John; The 
Governor, with the Advice of the Council, was pleased to Order 
as it is hereby Ordered, That the said Land be granted to the 
said Margaret Dibdall, and the other Devisees of the said John, 



Executive Journals, Council of Colonial Virginia 71 

they paying to the said Thomas Marston the sum of Twenty 
pounds ten shillings and a penny being the Charges expended 
by him in prosecuting the said Escheat. 

On hearing at this Board the Petition and Caveat of WiH m 
Hamlin for stopping a patent sued out by Nath Corbett Devisee 
of Randall Piatt Gent n dec d for Land in the County of Surry It 
appearing to this Board that the Entry made by the s a Randall 
Piatt is prior to that of the pet r Will" 1 Hamlin; It is therefore 
Ordered That a patent be granted the aforenamed Nath 1 Corbett 
for the said Land. 

William Richardson of the County of King William hav- 
ing complained against James Taylor Survey r for refusing to 
return a Piatt and Survey of a Tract of Land Ent d by the said 
Richardson ; And it appearing to this Board upon Examination 
of Witnesses, that the said Richardson hath not paid for the 
Survey of the s d Land, and that by means thereof the same 
hath since been taken up by George Braxton Gent"; It is 
Ordered That unless the said Richardson do pay unto the said 
James Tayler the Sum of ten pounds Current money for the 
Fees of the aforesaid Survey, and the Charges occasion'd by 
this his Complaint, and return a Certificate of such payment to 
the Secretarys Office together with Rights for y e Quantity of 
Land mention'd in the said Survey unless he can make appear by 
sufficient Testimony that the said Rights are paid for before 
the 20 th of Octo r next That then a patent be granted to the said 
George Braxton for the said Land. 

The Petition of Peter and John Butts against James Taylor 
Surveyor of King William County is referred for hearing till 
next Court of Oyer and Terminer. 

The Caveat Entered by William Eddings for stopping a 
patent sued out by Thomas Tayler for Land in Spotsylvania 
County is hereby vacated, It appearing to this Board that the 
said Eddings hath not any pretension to that Land. 

The several Caveats Ent d by John Craddock and W m Hall 
ag* William Russell are by Consent of the parties referred for 
hearing at the next Court of Oyer and Terminer. 

Fran 8 Epes having Ent d a Caveat for stopping a Patent sued 
out by Richard Chambers for Land on the Southside of Appa- 
matock River at a place called Woodwards Ford, & making noth- 
ing appear to invalidate the said Chambers Entry, It is Ordered 
That a patent be granted the said Chambers for the s d Land. 

On the Petition of John Mitchell praying that no patent 
may issue to John Davis for one hundred Acres of Land on the 
East side of Harris Swamp in Surry County, for that the pet" 
Entry for the said Land is prior to the said Davis's ; and it 
appearing, that the said patent still remains in the Sec r5,s Office 
unrecorded It is Ordered That the same be stopped untill the 



72 Executive Journals, Council of Colonial Virginia 

parties be hear'd at the next Court of Oyer and Terminer, 
And that the pet r give the said Davis due Notice of this Order. 

The Caveat Ent" by Edward Hill Esq r dec d for stopping a 
patent to Thomas Brewer for Land in Prince George County is 
continued for a further hearing at the next Court of Oyer and 
Terminer. 

Lewis Conner having Ent d a Caveat ag st a Patent sued out 
by Dan 1 Pugh for Land in Nansemond County, and not appearing 
to prosecute the same, It is Order'd That the said Pugh be at 
Liberty to take out his patent according to his Survey now re- 
turned into the Secretarys Office. 

The Caveat Enter'd by Michael Holland for stopping a patent 
to Jacob Robinson for Land on Tuckahoe Creek adjoining 
Nicholas Cox's in the County of Henrico is Order'd to be hear'd 
before the Council on the next Court of Oyer and Terminer of 
which the said Holland is to give due Notice to the said Robert- 
son and others concerned. 

William Beverley Gent" having Enter'd a Caveat to stop the 
granting any patent to Austine Smith, Lawrence Battle or Robert 
Slaughter for Land, in the Fork of Rapp" River, it is order'd that 
the parties be heared thereon in Council at the next Court of 
Oyer and Terminer, And that the s d Beverley give the other 
parties due Notice to attend. 

John Bush having Enter'd a Caveat to stop the granting a 
Patent to Edward Franklin in the County of Norfolk It is or- 
der'd That the parties be heared thereon at the next Court of 
Oyer and Terminer, and that the said Bush give Edward Franklin 
due Notice to attend. 

On reading at this Board a Letter of sundry of the 
Justices of the County of Spotsylvania complaining of sundry 
interruptions given them in the Administration of Justice by Col" 
Spotswood, It is Order'd, that the Clerk of the Council do 
transmitt to Col° Spotswood a Copy of the s d Complaint that he 
may have an Opportunity to answer the Matters therein con- 
tained. 

Whereas Daniel Pugh of the County of Nansemond Merch* 
hath this day made application for an Order to the Rec r of the 
Duty on Liquors in the lower district of James River to allow 
him the Drawback on 1106 Gallons of Rum and one pipe of 
Madera Wine imported into the s d District in the Sloop Dove, 
and afterwards exported to N° Carolina within the time limited 
by Act of Assembly ; It appearing to this Board that the said 
Liquors were exported without any permit or Oath made as 
the Act of Assembly doth direct, It is the Opinion of the Coun- 
cil, and accordingly order'd That no Drawback be allowed for 
the same. 

John Simmons of the County of Surry by his Pet" setting 
forth, that certain Lands lying at Unety on Maherine River where 



Executive Journals, Council of Colonial Virginia 73 

the Saponie Indians formerly liv'd, were by Order of Gov* ap- 
pointed to be sold at the rate of 6 A per Acre, and the Money aris- 
ing thereby applyed towards making another Settlement at 
Christanna ; That the pet r did agree for two several Tracks of 
the s d Land the one containing two hundred and seventy Acres, 
and the other one hundred and fifty, but hath not as yet paid 
the price; & praying in regard the said Indians have been long 
since removed to Christanna, their Settlement, the pet r may there- 
fore be allowed to patent the said Land, paying the Rights to 
his Maj ,y in like manner as other Lands are granted ; This Board 
taking the same into Consideration, and finding no occasion for 
further Expence on the Settlement of the said Saponie Indians, 
do therefore Order that the pet r or any other person desiring 
to take up any part of the Land formerly held by the said Indians 
be at liberty to survey and patent the same paying only to his 
Maj ty the Rights due and accustomed in the like Cases. 

On the Petition of Benjamin Howard Leave is granted him 
to Survey and patent five hundred Acres of Land formerly be- 
longing to the Saponie Indians, adjoyning the Land he hath 
already purchased, and that he have liberty to include the whole 
in one patent. 

Robert Munford Gent: by his Petition representing to this 
Board that some time past he obtained an Order to take up 
three thousand Acres of Land in the County of Brunswick, but 
there being no Surveyor appointed for that County he could not 
obtain a Survey thereof, and that since the appointment of a 
Survey : divers persons have made Entrys for divers parts of 
the said Land, and praying relief therein ; It is Order'd that the 
pet r and the other parties interested, be heared before this Board 
at the next Court of Oyer and Terminer, and that the pet r give 
the parties concerned due Notice to attend. 

On the petition of Thomas Randolph Gent, setting forth 
that Thomas Crook late of the County of Henrico dec" in his 
life time did take up and Survey five thousand Acres of Land 
in the Fork of James River, and made considerable improvements 
thereon, but dyed before he had obtained any Patent ; that by his 
last will and testament he hath given all his Estate in Virginia 
to his Executors, to be sold for payment of his Debts & Legacys ; 
that John Conder and Thomas Newson of London Gent: acting 
Ex r " of the said Crook have by Letter of Attorney bearing date 
the 8 th of March 1722/3 impower'd the Pet r to sell the said 
Crooks Estate, but in regard no person will venture to purchase 
the same untill a patent hath past, the Pet r therefore prays that 
a patent may be granted to him in Trust to be sold, and the 
money paid to the said Ex rs , This Board taking the same into 
Consideration are of Opinion, and tis accordingly Order'd That 
a patent be granted to the said Thomas Randolph for the said 
Land, he giving Bond in the Sec rys Office to be accountable for 



74 Executive Journals, Council of Colonial Virginia 

the money arising by the Sale thereof, to such persons as are 
legally entitled thereto. On the Petition of Edward Curd leave 
is granted him to include in one patent one thousand five hun- 
dred and forty one Acres of Land lying on the Branches of 
Beaver Dam Creek in Henrico County, and formerly surveyed 
in four different Tracts contiguous to one another. 

The following Petitions for Land were read and granted Viz' : 
To Samuel Good one thousand Acres of Land in Henrico County 
begining at the lower side of the Mouth of Middle Creek on Ap- 
pamatock River, and runing down the River to Rich d Womocks 
Line, and thence up the Lines of the Pet" own land to the said 
Middle Creek. 

On the petition of Thomas Carr Jun r W m Smith, Tho. Dick- 
ason, Ambrose Joshua Smith, W m Mackgee and Anne Arnold 
of King William County and Thomas Marten of Bristol Merch' 
setting forth that James Tayler, Edmund Tayler, Benj* Arnold, 
Rowland Thomas & the s d Ambrose Joshua Smith having ob- 
tained a Grant to take up five thousand Acres of Land in the 
County of New Kent and five thousand Acres more in the said 
County at Elk Creek, the said James Tayler has made over to 
the aforenamed Tho 8 Dickason his part of the said two Tracts, 
and the said Rowland Thomas hath made over to the said 
Thomas Marten and Thos Carr his fifth part of the said two 
Tracts, and Sarah the Widdow of Edmund Tayler hath made 
over her part to the said Will 1 " Smith & W m Mackgee, and the 
pet" therefore pray agreed to divide the said Land amongst them 
by Lott, and pray that the Surveyor of Hanover County in wch 
the s d Land now lyes, may be impowerd to lay off, and divide 
the said two tracts of Land in distinct Surveys of one thousand 
Acres each and that Patents may be granted to the respective 
persons who shall have Right thereto ; It is accordingly Order'd 
that the Surveyor of the County of Hanover do divide the said 
Land according to the prayer of the above Petition, and that 
separate patents be granted to the pet" for the same. 

On the petition of William Tayler Leave is granted him to 
Survey and patent two thousand Acres of Land lying in the 
County of Henrico on a Branch of Appomatock River called 
by the name of Wintopack, and joyning to the Land of Francis 
Epes and Comp ny . 

At a Council held at the Capitol October 17 ,h 1724 

Present 

The Hon ble Hugh Drysdale Esq r 

James Blair Mann Page 

Nath 1 Harrison Cole Digges and 

John Carter Esq" 

The Governor advising with the Council and finding no Occa- 
sion for the Gen 1 Assemblys meeting according to the last Pro- 



Executive Journals, Council of Colonial Virginia 75 



rogation Ord d That a proclamation issue proroguing the said 
Assembly to Thursday the 14th of January next. 

On the Petition of Col N th Harrison Leave is granted him 
to take out a Patent for four thousand two hundred and forty 
five Acres of Land lying in Surry County, w ch was formerly taken 
up by Col° Spotswood, the late Governor, and since deserted 
by him. 

At a Council held at the Capitol October y e 27 th 1724 

Present 

The Governor 
Robert Carter Nath Harrison 

James Blair Mann Page 

Philip Ludwell Peter Beverley 

John Lewis John Robinson & 

John Carter Esq" 

On reading at this Board an Order of his Maj ty in his privy 
Council bearing date the 30 th day of April 1724 declaring his 
Maj tys Disallowance and Disapprobation of an Act passed in 1723 
Ent d an Act for laying a Duty on Liquors and Slaves ; It is 
Ordered that a Proclamation issue declaring the said Act to be 
repealed. 

On a Representation from Gloster County Order'd, that a 
new Commiss" issue for the said County, and that the persons 
therein recommended be added to the said Commiss" 

Order'd That a new Commiss" of the Peace issue for Princess 
Ann County, and that the persons recommended by that Court 
be added thereto 

Ordered That a Proclamation issue prohibiting the Exporta- 
tion of Indian Corn and pease or Meal made of the same from the 
first of Nov r untill the 25 th of April next 

At a Council held at the Capitol October y e 31 st 1724 
Present 
The Governor 
Robert Carter Mann Page 

James Blair Cole Diggs 

Philip Ludwell Peter Beverley 

John Lewis Jn° Robinson and 

Nath Harrison John Carter Esq" 

Sundry Acco ts for Repairs about the Governors House were 
exam d and allowed. 

The Acco' 8 for repairing the Batterys and other Contingent 
Charges were exam d and Ord d to be paid out of his Maj t78 Reve- 
nue of 2s per hh d &c. 



76 Executive Journals, Council of Colonial Virginia 

At a Council held at the Capitol November 5 th 1724 

Present 

The Hon ble Hugh Drysdale Esq r 

Robert Carter Mann Page 

James Blair Cole Digges 

Philip Ludwell Peter Beverley & 

Nath 1 Harrison John Carter Esq rs 

The Following warrants for the Established Sallarys & Con- 
tingent Charges to be paid by the Receiver General out- of his 
Majestys Revenue of 2s per hh d Port Dutys and Head Money were 
this day sign'd by the Governor in Council. Viz': 

To the Governor y 2 y rs Salary ending Oct r 25 th 

last £1000. 0. 0. 

To the Gent* of His Maj tys Council d° time . 175. 0. 0. 

To the Aud r Gen 1 of the Plantations d° time ... 50 

To the Sollic r of the Virginia Affairs Ditto. . . 50 

To the Attorney Gen 1 Ditto 20 

To the Clerk of the Council Ditto 50 

To the Gunners of the sev 1 Batteries D° . . . . 25 

To the Armourer Ditto 6 

To the Judges and Officers of the Court of 

Oyer & Terminer held in June last 100 

To W m Prentis for sundry contingent Charges. 6 

To D° for sund y Repairs about the Gov" 

House 51 . 16. 9}£ 

To D° for sund y Contingent Charges p d last 

year 42. 4. 

And out of the Quitt Rents 

To M r Commiss y Blair half a years Salary. £ 50 
To the Attorney General half a years Sal 30 

The Accounts of his Maj ,ys Revenue of 2s per hh d Port Duties 
and Head Money being Examin'd by the Aud r was this day 
sworne unto by the Rec r Gen 1 and certified by the Governor in 
the usual Forme. 

On reading this day at the Board sundry Depositions taken 
before the Justices of Spotsylvania County against a Saponie 
Indian nam'd Sawney lately return'd from Canada, whereby 
it appears that the said Indian did behave himself very insolently 
threatning the Inhabitants with a speedy Incursion of the French 
Indians ; and the said Indian being examin'd in Council did ac- 
knowledge that he was taken by the French Indians, and carried 
into Canada about two years ago, That he had been with the said 
French Indians in an incursion on the people of New-England 



Executive Journals, Council of Colonial Virginia 77 

but that last Summer he was permitted to go to Albany in 
Company with some of the said French Indians, from whence, 
by the Favour of Cap* Collins the Officer of the Fort there, 
he had Liberty to return to Virginia, and the said Indian 
alledg'd whatever he said at Germanna in the County of Spotsyl- 
vania was spoken whilst he was in Drink. And being examind 
if he brought any message from the French Indians to the 
Saponies or any other of the Tributarys or if he intended to re- 
turn to Canada as he had formerly given out, he denyed both : 
But forasmuch as it appears to this Board that the said Indian 
hath by his Speeches & Actions given just cause of Suspicion 
of his ill Intentions. It is Ord d that he be committed to Prison 
there to remain untill farther Order, unless the Great Men of 
his Nation shall engage for his good behaviour, and that he shall 
not depart out of this Government, or hold Correspondence with 
any Forreign Indians And the Interpreter is directed to signify 
to the Saponie Nation the Terms upon w ch they may have the 
said Indian delivered to them. 

Charles Kemball Interpreter to the Saponie Indians repre- 
senting that the frequent Occasions he has to attend at W m8 burgh 
on the Affairs of the said Indians have put him to great Charge, 
w cb he can no otherwise defray than out of his Sallary, w ch is 
only levyed for him in Tobacco by the General Assembly, and 
like to be long in Arrear, & praying that the Sum of ten 
pounds may be advanced him to be repaid out of his first 
Allowance as Interpreter ; It is accordingly Order'd That the 
Rec r Gen 1 do advance the Sum of ten pounds Current money to 
the said Kemball out of his Majestys Revenue, taking his Obliga- 
tion to repay the same out of the first money or Tobacco, w ch 
shall be levyed for him at the next Session of Assembly. 

At a Council held at the Capitol December 9 th 1724 

Present 

The Hon ble Hugh Drysdale L' Governor 

James Blair Com ry Mann Page 

Philip Ludwell Cole Diggs 

Nath Harrison Peter Beverley and 

John Robinson Esq 1-3 . 

The Minutes of Council from the time of their last reading 
were now read over and approved. 

This Day being appointed for hearing and determining Divers 
Controversies relating to the Grants of his Maj' 7 ' 3 Land, on 
hearing the several parties interested therein ; It is resolved & 
Ordered as followeth Viz' : 

The Complaint of Peter and John Butts against James Tay- 
lor Surveyor of King William County for refusing an Entry of 



78 Executive Journals, Council of Colonial Virginia 

the Pet" for eight hundred Acres of Land is [in] the s d County is 
dismist, It appearing to this Board by the Oath of the s" James 
Taylor that the Land aforesaid was surveyed for Robert Powell 
before the Pet 1 " 9 tended any Entry to be made for the same. 

Whereas this day was appointed for hearing the Matter in 
Controversy between Will" 1 Craddock John Pollard & W m Russell 
for stopping the Grant of a Patent for Land in King W m County 
to the said Craddock, and neither the said Pollard nor Russell ap- 
pearing; 'Tis thereupon Ordered that the Caveat of the said 
parties be dismist, and that a Patent issue for the said Land 
to the said Will m Craddock. 

The Petition of Jonath" Clark against the Grant of a patent 
to Rice Williams for Land in King William County Stands re- 
ferred to the next Court of Oyer and Terminer neither party 
appearing, and Ord d that the Pet r give the s d Williams Notice 
to attend accordingly. 

The Petition of George Ward and Will m Winston for two 
hundred Acres of Land in Essex County found to Escheat from 
Mary late the Wife of the said Ward, and for which a Patent 
is sued out by Benj" Waggoner in whose Name the s d Escheat was 
prosecuted is by consent of the Parties continued till the Meet- 
ing of the Council at the next Court of Oyer & Terminer. 

Robert Munford Gent having petitioned for Leave to survey three 
thousand Acres of Land on the S° side of Roanoak River and begining 
at the Month of the Upper Creek, and extending down the River Side, 
pursuant to a Grant thereof made in the year 1721 and that the several 
Entrys made for that Land with the Survey" be declared void ; This 
Board having appointed this Day for determining the pretensions of 
the several persons claiming Interest in the said Land, and none of 
them appearing except William Davis of the County of Prince George, 
by consent of the said Robert Munford It is Ord d That one thousand 
Acres of Land within his Entry be laid off for the said William Davis 
begining at the Mouth of the upper Creek and extending down the River 
to the Place called the Haw Tree (not to exceed that Boundary) to 
include that Quantity ; And at the Request of the said Robert Munford 
tis further Order'd That the remaining two thousand Acres lying be- 
tween the said Haw Tree or the Line which shall be laid off for the 
lower Bounds of the said Davis's Entry, and extending to the lower 
Bounds of the said Munfords Entry be surveyed and granted in man- 
ner following Viz 1 one thousand Acres thereof to John Alexander 
Gent" and the other one thousand Acres to Rich" Jones Gent" and that 
the Surveyor of Brunswick County do survey the said several Tracts 
accordingly. 

On the Petition of John Mitchell for stopping a Patent sued out 
by John Davis for Lands in Surry County, It appearing to this Board 
that the Pet r hath not any Right to the s d Land It is Order'd that the 
said John Davis have a Patent for the same. 



Executive Journals, Council of Colonial Virginia 79 



The Caveat Enter'd by Edward Hill Esq r dec d ag 8t Thomas Brewer 
is continued to be hear'd before this Board the next Court of Oyer and 
Terminer. 

Sundry Petitions for taking up Land were read & granted viz* 

To John Thornton sixteen hundred Acres in the upper parts of 
Henrico County on the South Side of James River, and two thousand 
acres in the upper part of Henrico on the North Side of the said River. 

To George Alves and John Syme four thousand Acres in Han- 
over County joyning to the County Line on Deep Creek and Fork 
Creek. 

To Thomas Carr two thousand five hundred Acres of Land lying 
on little Rockey Creek and the Branches of great Rockey Creek in Han- 
over County. 

To Thomas Eldridge one thousand acres lying on Cocks Creek 
en Roanoak River in Brunswick County five Miles above Maj r Robert 
Munfords Land. 

To George Booth twelve hundred Acres adjoyning and including 
his Land on Turkey Egg Creek on Nottoway River in Prince George 
County. 

To John Syme one Thousand Acres of Land lying on the Branches 
of Owens Creek in Hanover County. 

To Howel Edmonds five hundred and twenty Acres of Land in 
the County of Brunswick, the same adjoyning to a Tract of Land he 
has already surveyed, and that Leave be granted him to include the s d 
two Tracts in one patent. 

To William Edwards one thousand Acres of Land in Brunswick 
County on the South Side of Maherine River, begining at the Saponie 
Indian Line, and runing down the s d River to compleat the Quantity. 

To Charles Hudson two thousand Acres of Land in Hanover 
County begining on Col Nicho 8 Merriweathers Entry on the South side 
of the Southanna River thence crossing to the said Camp Creek, and 
up the North side of the said Camp Creek to compleat the s d Quantity. 

On the Petition of Thomas Randolph Gent Leave is granted him 
to include in one Patent sixteen hundred Acres of Land lying in four 
different Tracts in Henrico County called the rich low Grounds, on 
the North Branch of James River ; and also that Leave be given him to 
survey and patent Eight hundred Acres more lying a Mile above the 
said Land in the said County of Henrico. 

John Wall and Mich 1 Wall having joyntly petition'd this Board 
for Leave to survey two thousand Acres of Land in one Tract begining 
on the S° Side of Roanoak River at the old Western path, and it appear- 
ing that the said Land is within the County of Brunswick; It is the 
Opinion of the Council and accordingly Ord d ; That the Pet" be allowed 
(if they think fitt) to survey one thousand Acres each at the place 
afores d , and to take out distinct patents for the same according to the 
Directions of the Lords Justices Instructions in that behalf, and in Case 
his Maj ty shall think fitt to allow a greater Quantity than one thousand 
acres to be granted in one Tract that then the Pet" have Liberty to 
include the s d two thousand acres of Land in one joint Patent. 



80 Executive Journals, Council of Colonial Virginia 

On the Petition of John Stewart by John Boiling his next Friend, 
praying that a Tract of Land formerly surveyed for his Father on 
Fighting Creek in Henrico County may be granted him without being 
obliged to seat and Cultivate the same until three Years after he comes 
of Age, and that the Survey"" of the said County may be directed to 
return a Piatt and Survey without demanding any new Fee for that 
Service in regard the s d Survey' was paid by the Pet" Father in his 
Life time; It is Order'd That Col° Fran 9 Epes Survey' of Henrico 
County be heared before this Board as to so much of the s d petition 
as relates to his Fee, and that the other part thereof be referred for 
further Consideration at the next Court of Oyer & Terminer. 

Whereas William Hurt Eldest son and Heir of John Hurt late of 
the County of King William dec d hath humbly represented to this 
Board, that his said Father in his life time did take up and Survey 
four hundred Acres of Land in S' Johns Parish in the afores d County 
of King William, and did return a Survey thereof into the Secretarys 
Office, and soon after departed this Life, whereby it hath hapned, 
that the patent for the said Land passed in the Name of the said John 
Hurt some few days after his Decease ; And for as much as the s d 
William Hurt hath this day made application to the Governor that for 
avoiding all Disputes which may arise touching the said patent he would 
be pleased to accept a Surrender of the same, and grant a new patent 
for the said Land to him the said William to whom the Inheritance 
thereof would have descended, in case the Grant thereof had been 
passed during the Life of his said Father; The Governor (with the 
advice of the Council) is pleased to order that the patent granted in the 
name of the aforesaid John Hurt, for the aforesaid four hundred 
Acres of Land bearing Date the twenty first day of February last past 
and now surrenderd, be cancelled ; and that a new patent for the s d 
Land be granted to the said William Hurt, according to the prayer of 
his petition. 

Whereas Information is given to this Board that Cap' John Phrip 
of Norfolk County did, contrary to the Directions of a proclamation 
prohibiting the Export of Corn carry out a considerable Quantity of 
Indian Corn and other Grain in contempt of the Government ; It is 
Ord d that his Maj ty3 Attorney Gen 1 do prosecute the said Phrip for 
that offence as soon as he returns into this Colony. 

Ord d That a proclamation issue proroguing the General Ass bly to 
the 13 th day of May next. 

Whereas upon the Examination of Sawney a Saponie Indian it 
does not appear that he is privy to any Design against this Government 
or its Tributaries ; It is Ord d that the s d Indian be delivered to CoF 
Nath 1 Harrison, who is hereby impowerd either to sett him at liberty 
or to restrain him from any Correspondence with the Tributarie In- 
dians, according as he shall see cause from his future behaviour. 



Executive Journals, Council of Colonial Virginia 81 

At a Council held at the Capitol April 19 th 1725 

Present 

Robert Carter Mann Page 

James Blair Com' 7 Cole Diggs 

Philip Ludwell Peter Beverley 

Nath Harrison John Robinson & 

John Carter Esq" 

The Governor laid before the Council a Letter from the R' Hon ble 
the Lords Commiss" for Trade and plantations dated the 19 th day of 
May 1724, and upon reading and considering the last Paragraph of 
the s d Letter wherein their Lordps are pleas'd to signify that the Method 
of selling the Q tl Rent Tobacco by publick Outcry be continued ac- 
cording to his Maj ty3 Instructions in that behalf; It is the Opinion of 
this Board that the manner of Sale therein prescribed be pursued untill 
the reasons for altering the same be represented to their Lordps, and 
their pleasure signify'd thereon. 

Whereas there appears no immediate necessity for the holding a 
General Ass bly according to it's last prorogation It is Order'd that the 
s d Assembly be further prorogued to Thursday the 8 th day of July 
next ; and a proclamation was prepared and sign'd accordingly. 

On the petition of Gawin Corbin Gent" Ord d that a patent be 
granted him for four several Tracts containing in the whole thirteen 
thousand and five hundred Acres of Land lying in the County of 
Essex now Spotsylvania three of which Tracts were formerly granted 
by patent to Larkin and Thomas Chew and by them sold to the s d Cor- 
bin, and the remainder granted to the s d Corbin according to a former 
Order of this Board. 

At a Council held at the Capitol April 29 th 1725 

Present 

The Governor 

Robert Carter Mann Page 

James Blair Com" Cole Diggs 

Philip Ludwell Peter Beverley 

John Lewis John Robinson & 

Nath 1 Harrison John Carter Esq" 

On reading at this Board a Representation from the Court of 
Richmond County setting forth that sundry persons calling themselves 
protestant Dissenters have petition'd that Court for Lycence to have 
a place recorded for their publick Worship according to the Tolera- 
tion Act made in England in the first year of the Reign of their late 
Maj ,y King W m & Queen Mary And forasmuch as the s d Court was 
in doubt whether such petition ought to be granted in regard of the 
Act of Assembly made in the Year 1642, and confirmed by another 



82 Executive Journals, Council of Colonial Virginia 

Act of Assembly made in the Year 1662 for the preservation of Purity 
and Unity of Doctrine and Discipline in the Church, It is Order'd 
that the Subject Matter of the said Representation be referr'd till the 
next Council, and that in the mean time the Opinion of the Attorney 
General, and other Council learnd in the Law be desired thereon. 

On reading at this Board a Petition of the Great Men of the 
Nansemond Indians complaining of the Encroachments made on their 
Lands by sundry persons pretending Grants from the Government of 
N° Carolina; It is Order'd that the s d petition be referred untill his 
Maj tys pleasure be signifyed on the project for ascertaining the Bounds 
between the two Governm' 8 w oh by a Letter from the R ts Hon ble the 
Lords Com 3 for Trade and Plantations of the 19 th of May last may be 
speedily expected. 

A New Commiss" of the peace for Northumberland County was 
Order'd in Council ; and that John Shapley, W m Eustall, Sam 1 Bonam, 
Sam 1 Heath and Samuel Blackwell be added to the s d Commission. 

John Grymes Esq r his Maj tys Rec r Gen 1 making Application to 
this Board to certify the Course of Exch" according to which he is 
to make up his Acco tB of the money received for his Majesties Q" 
Rents; The Governor and Council do hereby certify that the present 
difference between Current money, and Bills of Exch" is 15 per c' and 
that the Rec r Gen 1 be allowed to charge in his Acco ts so much as will make 
the money receiv'd by him for the last years Q" Rents Sterling at the 
rate of £115 Curr 1 money of this Colony for £100 Sterling. 

Whereas the Officers of his Maj trs Revenue have represented that 
the Rights appointed to be issued by them are already sold, and there 
is a further Demand for the like Rights in order to the taking up of 
Land; It is Ord d that the s d Officers be and they are hereby impower'd 
to make out and issue a further number of Rights not exceeding the 
Value of £500 sterl for the Conveniency of such of his Maj ty " Subjects 
as have Occasion to purchase the same. 

On the petition of Hardey Council of the County of Isle of Wight 
setting forth that by patent dated the 20 th day of March 1677 there was 
granted to Hodges Council Father of the pet nr nine hundred and forty 
one Acres of Land lying in the s d County and that upon a Resurvey 
of the same there is found to be within the Bounds of the said patent 
two thousand four hundred acres, and praying that a new patent may 
be granted him including the same surplus Land, It is Ord d that a 
patent be granted accordingly he the pet r producing Rights for the s d 
Surplus Land found to be contained within the Bounds of the s" 
Patent. 

The following Petitions for Land were read & granted Viz 1 

To Henry Anderson for one thousand Acres in Henrico County 
and two thousand in Prince George County lying between the lands of 
Smacks Nibs & Deep Creeks. 

To John Tallys eight hundred Acres begining at the Mouth of 
Deep Creek in Prince George County. 



Executive Journals, Council of Colonial Virginia 83 

To Robert Hicks one thousand Acres adjoyning to the plantation 
whereon he now dwells on Nottoway River in Surry County, also that 
an inclusive patent be granted him for the whole. 

To Richard Jones Jun r four hundred and fifty Acres on the South 
side of Hatches Runn in Prince George County, and adjoyning M r 
John Bannisters Line. 

To John Syme Gent four thousand six hundred Acres of Land 
in Hanover County, lying upon Little Creek and Owens Creek and 
also Leave is granted him to include the s d Land with one thousand 
Acres adjoyning to the same, formerly granted, in one patent. 

To John Raybourn eight hundred Acres lying on the N° Side 
of Nottoway River in Prince George County, and that he may include 
the same and this Land adjoyning thereto in one patent. 

On the Petition of Drury Oliver Leave is granted him to include 
eight Hundred Acres of Land lying on Hatches Runn in prince George 
County, and the Land formerly pattented by him, in one patent. 

The Petition of Timothy Harris setting forth that he hath taken 
up, and made several Surveys of Land in Prince George County lying 
on the Southside of Appamatox River containing in the whole Fifteen 
Hundred Acres, wch adjoyn to his Land already patented in the said 
County; Leave is thereupon granted him to include the s d Fifteen 
Hundred Acres, & his Land already granted him, in one patent. 

On the Petition of Charles Chiswell Gent" Leave is granted him 
to take up and patent three thousand Acres of Land in Hanover County 
part thereof lying between Newfound River & Little River on the 
Branches of Locust Creek bounding on the Land surveyed for W m 
Neble and Comp ny , and the other part lying on the South side of New- 
found River, and bounding on the Land belonging to the Petitioner. 

To John Bannister one thousand Acres lying on the N° side of 
Hatches Runn in Prince George County; and An inclusive patent be 
granted him for the whole. 

Henry Harrison Gent" having petitiond this Board for Leave to 
survey and patent two thousand Acres of Land in Brunswick County 
begining about half a mile below Thomas Sessums his olde path in the 
Fork of the great Creek, and runing up the Eastern Branch thereof ; 
It is thereupon Ord d that the said petition be referr'd untill his Maj tys 
pleasure be known whether a greater Quantity than one thousand Acres 
may be granted to any one person in that County And that then the 
Pet* be preferred to the Grant thereof according to his present Entry, 
and the Bounds described in this Petition. 

To Henry Harrison one thousand Acres of Land in Brunswick 
County lying in the Fork of the Great Creek, and bounding on the 
Northern Fork. 

To Fran s Epes two thousand Acres in Henrico County begining 
at a Corner of Cap 1 Andersons Land upon Andersons Branch thence 
on Andersons Lines, and thence on his own Lines to compleat the s d 
Quantity. 



84 Executive Journals, Council of Colonial Virginia 

Nath 1 Harrison Esq r by his Petition to this Board representing 
that Valentine Minge late of the County of Charles City dec d surveyed 
six hundred and fifty Acres of Land lying in the County of Surry, 
which s d Land was possessed by the said Minge during his Life, and 
has been occupied since his Decease by the Guardians to his Children 
without suing out any patent or paying Quitt Rents for the same to the 
prejudice of his Maj tr in his Revenue; And praying that a Grant of the 
said Land may be made to him he being willing to convey the same to 
the Heir of the said Minge upon repayment of his Charges and the 
Arrears of Q" R ts due to his Maj""; This Board taking the said Peti- 
tion into Consideration together with the Orders of the Government 
heretofore issued whereby such Lands held without Patent are sub- 
ject to be taken up by any person applying for the same, and adjudging 
the proposal of the Pet r to be very favourable; It is thereupon Ord d 
That a patent be granted to the said Nath 1 Harrison Esq r for the said 
Land. 

Anne Hamlin Executrix of the last Will and Testament of John 
Hamlin late of the County of Prince George dec d by her Petition setting 
forth, that her said Husband in his life time by the Licence of this 
Board did survey seven hundred thirty one acres of land in the said 
County, but died before he obtain'd a patent for the same, and that 
by his last Will and Testament he divised the said Tract of land to 
be equally divided between his two sons Hubbard & Will" 1 Hamlin, 
and praying that a patent may be granted them for the same according 
to the will afores d It is thereupon Ordered that a patent be granted 
the said Hubbard and Will" 1 Hamlin for the said seven hundred thirty 
one acres of land according to the prayer of the pet r . 

Drury Boiling on his petition hath leave granted him to survey 
two thousand acres in Prince George County lying in the Seller fork 
of Deep Creek and adjoining to his land formerly patented, and to take 
out an inclusive patent for the whole. 

On the petition of Peter Jones leave is granted him to include one 
thousand acres of land lying in Prince George County lately surveyed, 
& his old patented land adjoining the same in one Patent. 

John James Flournoy by his petition setting forth that he hath 
lately made four several Surveys of land in Henrico County containing 
in the whole one thousand six hundred acres, Leave is thereupon 
granted the pet r to include the said Quantity of land together with 
the land formerly granted him in one Patent, according to the prayer 
of the pet" 

James Terry on his petition hath leave granted him to survey one 
thousand acres of land adjoining to his patented land in King Will'" 
County and to include both tracts in one patent. 

James Jones on his pet" hath leave to take up & survey Six hun- 
dred & fifty acres of land in Surry County lying over against Wareek 
& beginning on Thomas Griffice's Line. 



Executive Journals, Council of Colonial Virginia 85 

At a Council held at the Capitol May the 4 th 1725 

Present 

The Governor 

Robert Carter Nath 1 Harrison 

James Blair Mann Page 

Phil Ludwell Cole Digges & 

John Lewis John Carter Esq" 

The following Warrants to be paid out of his Ma"" Revenue of 
2s per hh d Port duties and head money were sign'd in Council 

To the Gov r y 2 years Sallary ending Apr 25 £ 1000 

To the Council for the same time 175 

To the Aud r of the planta ons for the same 50 

To the Sollic r of the Virginia affairs for y e same . . 50 

To the Attorney Gen 1 for the same 20 

To the Clerk of the Council for y e like Salary .... 50 

To the Armourer for the same 6 

To the Gunners of the several batteries for the 

same time 25 

To the Min" officiating in Gen 1 Court 6 

To sundry Conting* Charges 36 

To Henry Cary for Repairs about the Gove" house 9. 19. 10^4 

And out of the Quitt Rents 

To M r Com ry Blair y 2 years Sallary £ 50 

To the Attorney Gen 1 for the same 20 

The Acco te of his Maj tys Revenues of Quitt Rents & 2s per hh d 
were this day laid before the Gov r and Council, & being examined & 
sworn to by the Receiver were then sign'd by the Gov' as usual. 

The following Persons were this day appointed in Council to 
be Sheriffs of the several Counties for the ensuing year Viz' 

Prince George Robert Munford 

Hannover Dav d Meriwether 

Surry Benj" Edward 

New Kent WilP Macon 

Eliz a City Jo s Selden 

York W ra Shelden 

Henrico Franc 8 Epes 

Isle of W 1 Tho s Brewer 

Nansemond Barnab : Kerny 

King & Queen Rob* Dudley 

Stafford Townsend Dade 

Middx Roger Jones 

Richmond Cha s Grymes 

Ja 9 City Ben Welden 



86 Executive Journals, Council of Colonial Virginia 

Norfolk Will" Crawford 

K George Rob* Strother 

Northumberl d Cha s Lee 

Cha 9 City Drury Stith 

Essex .Benj" Robinson 

Princess Anne Anth Walker 

Glouster Jeffrey Flowers 

Spotsylv" Tho s Chew 

Northampton Joe Stringer 

Westmorland Jn° Elliott 

Accomack Edw d Rivell 

Lancaster Geo Heal 

Warwick Rob* Philipson 

King W m Henry Fox 

This Board having considered the representa°n of the Justices of 
Richmond County together w* the opinion of his Maj les Attorney 
Gen 1 and of John Hollo way and John Randolph Esq" to whom it 
was referred to report their opinion how far the Act of Parliament 
made in the first year of the Reign of their Mat' 68 King Will m & 
Queen Mary Ent d an Act for exempting their Mat les protestant Sub- 
jects dissenting from the Church of England from the penalties of 
certain Laws were in force in this Colony, and having also con- 
sidered his Majesty's Instruction to the Governor for allowing a 
liberty of Conscience to all Christians except Papists. It is the 
opinion of this Board and accordingly Ordered that the dissenters 
in Richmond County and their preacher on their application to the 
Court of the said County & respectively taking such Oaths and 
subscribing such Declaration as are prescribed & enjoin'd by the said 
Act, have the free exercise of their religion at such place of publick 
worship in the said County as they shall desire to be recorded by the 
County Court for that purpose, so as they also observe the directions 
of the said Act of Parliament at their meetings at such place of 
publick worship set apart as aforesaid. 

Ordered that there be paid to M r Attorney Gen 1 John Hollo way 
& John Randolph Esq" two Guineas each out of his Mat 78 Revenue 
of 2s per hh d for their trouble in considering & giving their opinion 
in the Case of the Dissenters in Richmond County. 

Will m Roscow brother & Exc" of James Roscow Esq' late 
Receiver Gen 1 of his Mat 5 " Revenues representing to this Board that 
in the years 1720 & 1721 the said James Roscow accounted to his 
Mat r for a considerable quantity of tobacco then in the hands of the 
Sheriffs of Westmorland & Richmond & receiv'd for fines & for- 
feitures due to his Mat 7 in those Counties & that upon demanding 
the said tob° the Sheriffs refuse to pay the same on pretence that 
the said fines & forfeitures are due to and Claim'd by the proprietors 
of the Northern neck by virtue of their letters patents & praying to 
be relieved therein It is Ordered that the said pet" be referred to the 



Executive Journals, Council of Colonial Virginia 87 

Auditor & Receiver Gen 1 of his Mat 78 Revenues to consider the sub- 
ject matter thereof & to report their opinion thereon to this Board. 

The Governor communicating to the Council the advices he has 
receivd that on th 26 th of last month divers Indians plundered the 
Quarter of M r John Talliaferro near the great mountains in Spot- 
sylv a County and committed divers other outrages to the persons & 
goods of sundry of the Inhabitants there; and particularly some of 
the Guns belonging to & mark'd with the name of Spotsylvania 
County, and that one John a Nottoway Indian was amongst the said 
Indians ; It is ordered that it be referred to Col° Harrison to make 
enquiry which of the Nottoway Indians or other Tributaries have 
been out a hunting about that time and to give order for a search 
to be made for the Guns and other goods so carried away, & if he 
finds any of the said Tributaries to have been concerned therein that 
he cause them to be secured & sent to W ms burgh in order to their 
being punished And for the better securing the Inhabitants from the 
like insults for the future. It is ordered that a Warrant be prepared 
for the Governor's signing impowering & requiring the commanding 
Officer of the Militia in Spotsylvania County on notice given to him 
of the insolencies offered by any Indians to order out parties of the 
Militia to seize & apprehend all such as shall be found ranging in 
those parts whither they be Tributaries or foreign Indians And in 
case any such be of the five nations and have not such pasport as is 
prescribed by the late articles of peace that the said commanding 
officer cause every such Indian to be conveyed to W ms burgh there to 
be proceeded against according to the late act of Assembly for in- 
forcing the Treaties made with foreign Indians And in Case any such 
Indians shall resist, the Officers of the Militia to whom such resistance 
shall be offered are to subdue them by force. 

Whereas it hath been represented to this Board that divers of 
the County Courts within this Colony neglect to take Bond of the 
Sheriffs pursuant to the tenor of their Commissions for the due 
payment as well of all such publick dues & officers fees put into their 
hands to collect as for the Collection & paym' of his Mat' es Quitt 
Rents & other dues, by reason of which ommission and neglect no 
security is given for the Sheriffs being accountable for the Secre- 
taries & County Court Clerk's fees, altho' the Sheriffs are bound by 
law to collect the same if put into their hands, It is Ordered that 
the respective County Courts be & they are hereby required to take 
care that in the Condition of the Bond given by each Sheriff at his 
entring upon his office, a Clause be inserted that such Sheriffs do 
truly account for and pay all officers fees which shall be put into 
their hands to collect, that so the publick Officers may have the same 
security for their payment, as is given by the Sheriffs for the Execu- 
tion, of the other parts of their office. 

On the petition of James Baker leave is granted him to survey 
& patent one thousand acres of land in Brunswick County according 
to the bounds described in his pet\ 



88 Executive Journals, Council of Colonial Virginia 

Philip Webber on his petition hath leave granted him to take up 
and survey one thousand & fifty acres of land on the branches of 
Tuckahee Creek in Henrico County. 

At a Council held at the Capitol the 10 ,h day of June 1725 

Present 

The Governor 

James Blair Peter Beverley 

Philip Ludwell John Robinson & 

Nath 1 Harrison Jn° Carter Esq" 

Ordered that a proclamation issue proroguing the Gen 1 Assembly 
to the third Thursday in November next, there appearing no occasion 
for its meeting sooner. 

For preventing the clandestine obtaining patents out of the Secre- 
taries office It is ordered that no Patent be hereafter presented for the 
Governors signing, untill the Survey thereof and the Rights have been 
lodged in the Secretaries Office for one month at least, to the end all 
persons concerned in interest may have time to make their application 
if they have any pretensions to the lands thereby intended to be granted. 

Whereas divers persons enter Caveats in the Secret'" office for 
stopping the granting patents for lands, and for want of proper descrip- 
tions of the places of Residence of the persons whose patents are 
desir'd to be stopped, due notice of such Caveats cannot be sent them. 
It is therefore Ordered that whenever any person shall enter a Caveat 
against issuing any patent for land, such person shall in convenient time 
thereafter give notice to the party concerned to appear before this 
Board at the next succeeding Court of Oyer & Terminer & make out 
his pretensions to the land desired to be patented & if upon due proof 
that such notice was given, either party fail to attend, or to shew some 
reasonable Cause of excuse, this Board will proceed to the granting the 
said land to the party that shall appear, and make out his pretensions to 
the same. 

Whereas Henry Irby, John Donnet & Pallister Bowles have been 
suspected of divers Robberies and Felonies, and Warrants have issued 
for apprehending them in the respective Counties wherein they did 
reside, and the said offenders have since withdrawn themselves and fled 
from Justice It is Ordered that a proclamation issue promising a reward 
of twenty pounds cur* money for apprehending each of the said per- 
sons, & delivering them into the publick Goal at Will m8 burgh in order 
to their tryal. And it is further Ordered that a letter be written to the 
Governor of N° Carolina desiring him to give directions for securing 
them, in case they should escape into that Province. 

Archibald Richil being convicted of Burglary & Felony before the 
Court of Oyer & Terminer held yesterday, but upon his tryal there 
appearing divers favourable circumstances to render him a fit object 
of his Mat"" mercy, It is the unanimous opinion of the Council that he 



Executive Journals, Council of Colonial Virginia 89 

be pardoned, & accordingly Ordered that his Ma tlc9 Attorney Gen 1 do 
prepare a pardon for the said Richil. 

On the petition of Bowler Cocke & Tarleton Fleming Devisees of 
Charles Fleming dec d , It is Ordered that a new Patent be granted the 
petitioners for 1430 acres of land formerly granted by patent to the 
said Charles according to the bounds surveyed and that they have leave 
to add thereto 260 acres on one side & 550 on the other being wast land 
adjoining thereto, and to include the whole in the same patent. 

Whereas the Vestries of the respective parishes of Lawnes Creek 
in the County of Surry & Newport in the County of Isle of Wight have 
made complaint to the Governor against John Worden & Thomas Baylie 
Clerks Ministers of the said parishes for many notorious immoralities 
& other offences, and praying that they may be admitted to bring evi- 
dences for proving the said immoralities & offences, & that the said 
Ministers may be thereupon suspended from officiating any longer in 
the said parishes. 

And Whereas heretofore the like Complaints have been examined 
by the Lord Bishop of London's Commissary, and tho' the present Lord 
Bishop of London having declared his intention to constitute the Rev- 
erend James Blair his Commissary, yet his Commission not being as 
yet arriv'd whereby he conceives himself not sufficiently authorized to 
act in that Capacity, It is the opinion of the Council that the Complain- 
ants be admitted to make such proof as they think fit in relation to the 
behaviour of the respective Ministers before the Governor in Council, 
and after such examination it will be proper to consider what ought 
further to be done for the relief of the said Complainants; And ac- 
cordingly the Gov 1 " was pleased to appoint to morrow morning for hear- 
ing as well the said Vestries as the said Worden and Baylie whose wit- 
nesses are now attending in Town. 

June the 11th 1725 

Present 

The Governor 

James Blair Peter Beverley 

Philip Ludwell Jn Robinson & 

Nath 1 Harrison Jn Carter Esq" 

Whereas upon hearing the matter of the Compl' exhibited yester- 
day by the Vestry of New Port Parish against Thomas Baylie Clerk 
their Minister, It is agreed between the said parties that the said Baylie 
will not at any time hereafter take upon him to act as Minister of the 
said parish, but shall forthwith remove himself out of the same, and in 
some convenient time depart this Colony. And the said Vestry did 
thereupon agree on their part, to pay the said Baylie his Sallary from 
the 11th of Nov r last to this day, at the rate of eighteen thousand pounds 
of Tobacco per annum; But whereas the said Baylie did insist that he 



90 Executive Journals, Council of Colonial Virginia 

ought to be paid his full sallary for the Cur 1 year, both parties did 
thereupon agree to submit the same to the determination of the Gov r 
in Council, as by their submission subscribed with their hands may more 
at large appear. The Governor taking the said Submission into Con- 
sideration and being inform'd that the said Baylie is much in debt, and 
hath a wife & family in very mean and necessitous Circumstances, there- 
fore to enable him to depart this Colony according to his engagement, 
and to prevent his, or his familys becoming chargeable to the parish 
wherein he now resides, the Governor with the advice of the Council 
is pleased to order & award that the said Baylie's full sallary which 
would have been due in case he had served the Cure to the 11th of 
Novem r next, be paid him at the laying of the next parish levy. And 
it is further ordered that the witnesses attending at the examination be 
paid their necessary Charges & Expenses, & no more be levied on the 
Inhabitants of the said parish. 

Upon hearing this day the humble petition and Complaint of the 
Vestry of Lawnes Creek parish against John Worden Clerk their Minis- 
ter, & divers depositions of witnesses being taken as well on behalf of 
the said Vestry as of the said Worden, it fully appearing to this Board 
that the petitioners have made out the Articles of their Complaint, and 
that the said Worden hath been guilty of many notorious Immoralities 
& scandalous offences, & thereupon the said Worden acknowledging his 
guilt, did humbly desire the Governors leave to depart this Colony, 
promising not to officiate any more as a Minister within the same ; upon 
which the said Worden was dismist. 

At a Council held at the Capitol the 19th day of October 1725 

Present 

The Governor 

James Blair Cole Digges 

Philip Ludwell Peter Beverley 

John Lewis John Robinson & 

Nath 1 Harrison John Carter Esq r 

The Governor desiring the opinion of the Council if there be any 
immediate occasion for the Assemblies meeting according to their last 
prorogation & the Council being of opinion that there is none It is 
Ordered that a proclamation issue for proroguing the Assembly to 
Thursday the 12th day of May next. 



Executive Journals, Council of Colonial Virginia 91 

October the 29th 1725 

Present 

The Governor 

Robert Carter Mann Page 

James Blair Cole Digges 

Philip Ludwell Peter Beverley 

John Lewis Jn Robinson & 

Nath 1 Harrison John Carter Esq" 

Ordered that a new Commision of the peace issue for the County 
of Middlesex, and that Armistead Churchill, Edmund Berkley and 
Humphry Jones Gent be added to the said Commission 

The Gunner at James City being lately dead, & there appearing 
no further occasion for such an Officer It is Ordere*d that the Sallary 
formerly allowed to the Gunner there be from henceforth discontinued. 

The following Warrants on the Receiver Gen 1 to be paid out of 
his Mat 169 Revenues, were this day sign'd by the Governor in Council. 

Out of the 2s per hh d &c 

To the Gov 1 " y 2 years sallary ending y e 25 th in- 
stant £ 1000,,—,,— 

To the Gen' of the Council for the same time. . „ 175,, — „ — 

To the Aud r Gen 1 of the planta°ns for the same. „ 50„ — ,, — 
To the Soir of the Virginia affairs for the 

same time „ 50„ — ,, — 

To the Attorney Gen 1 for the same time ....,, 20„ — „ — 

To the Clerk of the Council for the same time . ,, 50,, — „ — 
To Wm Prentis for so much paid divers Min- 
isters for their attendance on General 

Court „ 6„ — „ — 

To Wm Prentis for paying the Gunners of the 

several Batteries „ 23„ — „ — 

To Will m Prentis for sundry expresses and 

other contingent Charges „ 64,,12„ \Y\ 

To Henry Cary for sundry repairs about the 

Governors house „ 24„ 7„\0y 2 

And out of the Quitt Rents 

To M r Com ry Blair J / 2 years Sallary ending the 

25th instant £ 50„ — ,, — 

To the Attorney Gen 1 l / 2 year salary for y e 

same time £ 30,, — „ — 



92 Executive Journals, Council of Colonial Virginia 

November 5th 1725 

Present 

The Governor 

Robert Carter Nath 1 Harrison 

James Blair Peter Beverley & 

Philip Ludwell John Carter Esq" 

On reading at this Board the humble petition of John Den- 
net a prisoner in the public Goal under sentence of death to- 
gether with a representation in his behalf from the principal In- 
habitants of the County of New Kent & Hannover humbly repre- 
senting the steps by which the said Dennet has unhappily been 
inveigled & drawn into the Commission of those felonies for 
which he is now condemned and his great penitence for the same, 
and humbly praying the Governor to extend his Majesties mercy 
to him, The Council are of opinion and do advise the Governor 
to grant a pardon to the said Dennet, upon his entring into bond 
with four sufficient sureties, himself in one hundred pounds 
sterling, and each of his securities in the like sum for his good 
behavior for one year after his enlargement out of prison. 

Whereas by Orders from their Excellencies the Lords Jus- 
tices, his Mat les pleasure hath been signified to allow any person 
desiring the same one thousand acres of land in the Counties of 
Brunswick & Spotsylv" free from the purchase of Rights or pay- 
ment of Quitt Rents for the term of seven years to be computed 
from the first of May 1721. The Governor with the advice of 
the Council is pleased to order that the Surveyors of the said 
Counties be and they are hereby impowered to receive Entries 
from any person not having taken the benefit of the like indul- 
gence before any quantity of land, not exceeding a thousand 
acres to be granted by patent without purchase of Rights, but 
if any one shall be desirous of a greater quantity in either of 
those Counties, the said Surveyors are not to receive Entries for 
the same without the usual licence from this Board and produc- 
ing Rights for the whole quantity so entred for. 

A Form of the patents to be granted for lands in the Coun- 
ties of Brunswick & Spotsylvania without Rights or payment of 
Quitt Rents was this day laid before the Board and approved. 

Ordered that the Surveyor of the County of Isle of Wight 
give publick notice to the persons seated on the South Side of 
Nottoway River above the land lately granted to Col" John Allen, 
that they do with all convenient speed survey their several 
Entries and sue out patents for the same in due time or other- 
wise that the said Surveyor be at liberty to receive the Entries 
of any other persons who shall be desirous to take up the same 

Sundry petitions for leave to take up wast land were read 
and granted as follows 



Executive Journals, Council of Colonial Virginia 93 

To Nathan 1 Harrison Esq r 12000 acres in Surry County be- 
tween the lines of his own land and those of David Crawley, Will m 
Wych, Rich d Parker, James Vaughan and Ambrose Jackson, and 
to include the same together with the land formerly granted him 
at that place in one patent. 

To Thomas Randolph Gent 10000 acres near the mountains 
of Willis's Creek in Henrico County. 

To Edward Booker 2000 acres on the fork of Nibs Creek 
and on Blackwells Island in Henrico County. 

To David Walker 1500 acres joining on his patented land 
on Buckskin Creek in Prince George's County. 

To Thomas Randolph 800 acres in Henrico County joining 
on the lines of Turpin Pleasant & the pet" own land between 
Fine Creek and upper Manican Creek. 

To John Parsons 1500 acres in Surry County lying between 
the lines of his own land, and those of Rich d Wiggins, William 
Cooper Washingtons, Edward Scarborough & William Proctor 
with leave to include the same in one patent with his lands 
thereto adjoining. 

To John Parsons 1000 acres in Isle of Wight County be- 
tween the lines of his own land and those of John Hill, Rich d 
Hill, Robert Hill & Robt Hill Jun r with leave to include 
the same in one patent with his other lands thereto adjoining. 

To Henry Anderson 1000 acres joining on his patented land 
on Swem Creek, and on the branches of Deg Creek on Appo- 
matuck River in Henrico County. 

At a Council held at W m3 burgh the 15th day 
of December 1725 

Present 

The Hon ble Hugh Drysdale his Matt ics Lieutenant Governor 

James Blair Cole Digges 

Philip Ludwell Peter Beverley & 

Nath 1 Harrison John Carter Esq" 

Richard Fitzwilliam Esq r producing a letter from their Ex- 
cellcy" the Lords Justices directing his being sworn and admitted 
one of his Mat les Council in Virginia, South Carolina and Jamaica. 
The said Richard Fitzwilliam accordingly had administred to 
him by the Governor and took the oath appointed by act of 
Parliament to be taken instead of the oaths of Allegiance & Su- 
premacy, the Abjuration oath, subscribed the Test, and took also 
the Oath of a Counsellor 

Richard Fitzwilliam Esq r producing his Commission from 
the Hon ble the Commiss™ of his Mat les Customs, constituting him 
Surveyor Gen 1 of the Customs in South America, and having 
this day taken the Oaths appointed by Act of Parliament to be 



94 Executive Journals, Council of Colonial Virginia 

taken instead of the Oaths of Allegiance & Supremacy, the ab- 
juration Oath, and subscribed the Test, took also the oath of 
his office for the due observation of the Acts of Trade. 

Present Rich d Fitzwilliam Esq' 

Nathan 1 Harrison Esq r Deputy Auditor of his Mat les Reve- 
nues moving for directions whether he shall now demand the 
Quitt Rents of all Tracts of land exceeding one thousand acres 
taken up & patented in the Counties of Brunswick & Spotsyl- 
vania It is the opinion of this Board that in regard his Mat 169 
pleasure upon the memorial sent home concerning the said Lands 
may be expected in a short time, the Consideration of this mo- 
tion be referred till the next Council. 

On the application of the Court of King William County 
Ordered that a new Commission of the peace issue for the said 
County, and that Nathanael West and John Cham be added to 
the present Justices in the said Commission 

On reading at this Board the petition of Anthony Armistead 
and Simon Hollier Gent in behalf of themselves, and the greater 
number of the Freeholders and Inhabitants of the parish of Eliza- 
beth City, complaining of the great hardships & inconveniences 
under which the Inhabitants of the said parish have long time 
laboured by means of the scituation of their parish Church, and 
other proceedings of a pretended Vestry are still endeavouring 
to increase the grievances of the people by building a new Church 
at a place yet more inconvenient than the former, and praying 
that they may be heard before this Board to shew cause why 
the said pretended Vestry ought to be dissolved, It is Ordered 
that a Copy of this petition be sent to the said Vestry of Eliz* 
City parish, and that the several parties be heard thereon before 
this board on the first day of next General Court, and that the 
said Vestry do not proceed any further in contracting for or 
building the said new Church untill such hearing. 

Thomas Gambrell of the County of Spotsylvania having 
entred a Caveat for stopping a patent to William Smith Gent 
for 380 acres of land lying upon East North East River, or 
Sponsbury Brook in Spotsylvania County, and the said Gambrell 
having by an instrument in writing this day laid before the 
Board released unto the said William Smith all his Right and 
Interest in and to the said 380 acres of land, It is ordered that 
the said William Smith have a Patent for the same. 

Nicholas Meriwether Gent by his petition setting forth that 
by order of the Governor in Council the 7th of March 1721 leave 
was granted to Philip Ludwell Esq r this pet r and one Chris- 
topher Clark to take up 10,000 acres of land in the County of 
Hannover, beginning at a little mountain on the South side of 
the River Northanna & extending Southerly along the foot of 
the little mountains towards the branches of the Southanna & 



Executive Journals, Council of Colonial Virginia 95 

James River; That the Interest of the said Philip Ludwell & 
Christopher Clark was soon after transferred to him, who imme- 
diately endeavoured to have the said Tract laid off ; but upon 
the Surveyors going- to lay out the same, it appeared that the 
far greater part thereof had been included within the line run 
for the bounds of the County of Spotsylvania, and that several 
persons had possessed themselves thereof by virtue of Entries 
made with the Surveyor of that County, and praying that so 
much of the said Tract of land as lyes within the County of 
Hannover may be granted him with liberty to survey in one or 
more Tracts so much more as will compleat the quantity of 
10,000 acres in any other place or places within the said County 
of Hannover not already granted or entred for by any other per- 
son. It is accordingly ordered that leave be granted the said 
Nicholas Meriwether to survey that part of the aforesaid 10,000 
acres which lyes in the County of Hannover ; and that he have 
liberty to compleat the said quantity of 10,000 acres out of any 
of the vacant lands within the s d County in as many several sur- 
veys as he shall think fitt, provided that within three months 
from the date of this Order, he make due Entry with the Sur- 
veyors describing the particular places where he intends to take 
up the said lands and the several quantities intended to be in- 
cluded in each survey. 

On the petition of Richard Williams setting forth that in 
the year 1711 he obtained licence from the then Governor to build 
a Grist Mill on a Tract of land which he had formerly survey'd 
on the Cypress Swamp supposed then to be within the Province 
of Carolina and praying that since the said land appears now to 
ly within the County of Nansemond in this Colony, the Sur- 
veyor of that County may be directed and impowered to lay off 
the same for him, and that he may have a patent granted there- 
upon. It is Ordered that the pet r have leave to survey the said 
Tract of land according to the bounds described in his first sur- 
vey made by the Officer of North Carolina, but that before he 
obtain any patent for the same, he pay all arrears of Quitt Rents 
then due from the time of his first seating thereon according to 
the Conditions of the licence aforesaid by which he hath hitherto 
possessed the said land. 

The following petitions for taking up wast land were read 
and granted Viz : 

To Daniel Stonar 4000 acres of land in the fork of great 
Guinea Creek on Appomatuck River in Price George County 

To Isaac Winston, William Morris, George Alves, John 
Syme & John Mackie 5000 acres in Henrico County to be taken 
up in one or more Tracts joining on the County line where it 
crosses Deep Creek and Fork Creek which run into Pamunkey 
River & extending upon the head of the said Creeks and branches 
of James River. 



96 Executive Journals, Council of Colonial Virginia 

To Charles Hudson & Joel Chandler 2000 acres in Henrico 
County beginning- on the Ridge between James River and Appo- 
matuck River. 

John Carter Esq' by his petition setting forth that there 
was formerly granted by patent to Edward Hill Esq' 3000 acres 
of land in the County of King Will m which said land is now 
come and descended to Elizabeth the wife of the pet r and upon 
a resurvey appears to contain 4740 acres, It is according to the 
prayer of the pet r Ordered that a new patent be granted to the 
said John Carter and his wife and their heirs for the said land, 
expressing the true quantity contain'd within the actual bounds 
as it is now survey'd. 

On the petition of John Bacon Gent setting forth that by 
Patent dated the 23 d of April 1681 there was granted to M" 
Frances Izard 1036 acres 5 poles of land in Henrico County, 
which land is now descended and come to the pet r , but upon a 
resurvey of the said patent there is found to be 1600 acres con- 
tained within the bounds therein described, and praying that a 
new patent be granted him for the full quantity contained within 
the said bounds. It is accordingly Ordered that upon the pet" 
returning a survey of the said Tract into the Secretaries office, a 
new patent be granted him for the same. 

John Allen Gent on his petition hath leave granted him to 
survey and patent 325 acres of land on the South side of Notto- 
way River in Surry County formerly surveyed by one John 
Sowel & by him deserted. 

John Martin Gent on his petition hath leave granted him to 
enter for and survey 400 acres of land in Henrico County formerly 
entred in the name of one John Hughes and by him deserted, and 
the Surveyor of Henrico County is directed to include the same 
in one Survey with a tract of 3000 acres entred for by the pet r , 
by licence from this Board to which the s d land is adjoining. 

George Robertson Clerk on his petition hath leave granted 
him to survey and patent 1500 acres of land in prince George 
County on the upper side of Flatt Creek adjoining to the land 
of Richard Kennon. 

At a Council held the 22d of April 1726 

Present 

The Governor 

James Blair Peter Beverley 

Philip Ludwell John Robinson 

Nath 1 Harrison John Carter & 

Mann Page Rich 11 Fitzwilliam Esq" 

The Governor was pleased to desire the opinion of the Coun- 
cil whether it be not for his Mat'" service that the present Col- 



Executive Journals, Council of Colonial Virginia 97 



lectors of his Majesties Customs in this Colony be appointed 
Justices of the peace in the respective Counties where they reside, 
the better to enable them to do their duty in detecting illegall 
Trade, and seizing prohibited goods, It is accordingly Ordered 
that the present Coll" be appointed Justices in the next Com- 
missions of the peace that shall be issued for the Counties where 
they respectively dwell. 

On reading at this Board a letter from M r Leheup Sollicitor 
of the Virginia affairs dated the 19th of January last informing 
the Governor that his Mat'" Attorney and Sollicitor Gen 1 were 
preparing a Report upon the queries transmitted from hence re- 
lating to the Grants of land in the Counties of Brunswick and 
Spotsylvania, It is the opinion of this Board that the demanding 
Ouitt Rents for the lands in those Counties be respited till his 
Majesties pleasure be further known therein. 

On the application of the Justices of the Counties of Henrico 
and Princess Anne, It is ordered that new Commissions of the 
peace issue for the said Counties with the addition of the several 
persons recommended by the said respective Courts. 

The Inhabitants of the parish of Elizabeth City petitioning 
against the Vestry of the said parish this day attended the Board 
together with the persons deputed by the said Vestry, and the 
latter moving for Council to be assigned them, and the former 
for leave to examine witnesses in the County who are ancient 
and unable to travell. This Board do accordingly assign John 
Randolph Esq r Council for the said Vestry, and it is Ordered 
that such witnesses as the pet" shall judge material to prove 
the allegations of their petition be examined on Oath by any 
Justice of the peace of Elizabeth City County, and their deposi- 
tions returned to the Council Office to be made use of at the 
hearing of both parties which is hereby appointed to be on the 
last Thursday in May next. 

On reading at this Board the petition of John Clayton Esq' 
his Mat les Attorney Gen 1 setting forth that he hath been resident 
in this Country for above twenty years last past, in which time 
many great alterations have happened in his affairs in England, 
which necessarily require his attendance, and praying leave to 
be absent from his Office of Attorney Gen 1 for one year, he 
having engaged John Randolph Esq r to execute that office during 
his absence. The Governor in Council approving of that nomi- 
nation is pleased to grant leave to the pet r to be absent for the 
time above ment d according to the prayer of his said pet r . 

William Sumner of the County of Nansemond by his peti- 
tion setting forth that by Inquisition taken the 9th of May 1702 
one hundred acres of land in the said County were found to 
Escheat from Thomas Hampton Clerk, which land was by the 
general Court held the 23d of April 1703 ordered to be equally 
divided between Joseph Ellis & John Lear, that the said Joseph 



98 Executive Journals, Council of Colonial Virginia 

Ellis long since conveyed his right & title to one moiety of the 
said land to one Daniel Sullivan who is since dead, leaving a 
Widow and two daughters the eldest of which is now the wife of 
the pet r , that the said land has been possessed by the said Ellis 
and Lear and those claiming under them ever since the said 23 d 
of April 1703, who have constantly paid the Quitt Rents for the 
same and that the petitioner hath but lately discovered that no 
patent hath issued on the said Inquisition, therefore praying that 
the Surveyor of the said County of Nansemond do survey and 
return a plott of the said land, and that the pet r may have a 
grant thereof, he being ready to pay the composition, and to 
secure the right of the widow & youngest daughter of the said 
Daniel Sullivan to their part therein. The Governor with the 
advice of the Council is pleased to order as it is hereby ordered 
that the Surveyor of the said County of Nansemond do survey 
and return a plott of the said land, and that upon the pet r * 
producing Certificates of his having paid the Composition due to 
his Majesty, and secured to the Widow and youngest daughter 
of the aforementioned Daniel Sullivan their Right to one moiety 
of the said Tract to their satisfaction, a patent be granted him 
for the said land. 

On reading at this Board a petition of David Bray Gent set- 
ting forth that in the year 1724 William Todd of King and Queen 
County, John Taliaferro of Spotsylvania County, and John Battail 
of Essex County severally entred with the Surveyor of Spotsyl- 
vania County for 4675 acres of land each in the said County, and 
had the same surveyed & the Survey and plott of each of their 
Dividends was delivered them in the month of June 1724 but no 
patent sued out thereon pursuant to the orders of Government 
in that behalf made, and praying that he may be admitted to 
enter for the same land being willing to produce Rights for the 
same, and to pay the Quitt Rents, It is Ordered that the said 
Todd, Taliaferro & Battail be summoned to attend the Governor 
in Council at the next Court of Oyer and Terminer, to show 
cause why the said lands shall not be granted to the pet r . 

April the 28th 1726 

Present 

The Governor 

James Blair John Robinson 

Will™ Byrd John Carter & 

Peter Beverley Rich d Fitzwilliam Esq" 

The Governor was pleased to acquaint the Council that he 
called them together at this time to advise upon supplying the 
place of Naval Officer and Receiver of the Virginia Duties in 
the lower District of James River in the room of M r Henry 



Executive Journals, Council of Colonial Virginia 99 

Irwin whose Securities had apply'd to him to be discharged and 
that M r Irwin's circumstances were such as he was credibly in- 
form'd no man would be bound for him, he therefore proposed 
M r Wilson Cary as a fit person to execute that office, and the 
Council declaring they know no objection against him. The 
Governor was thereupon pleased to appoint the said Wilson Cary 
Naval Officer and Receiver of that District. 

A new Commission of the peace for the County of Spotsyl- 
vania was this day Ordered to issue with the addition of such 
persons recommended to be Justices of the said County. 

Present Nathan 1 Harrison Esq' 

The Accompts of contingent Charges and for repairing the 
Governor's house were this day examined in Council and passed. 

On the Motion of John Grymes Esq r Receiver Gen 1 of his 
Mat ,es Revenues, it is hereby certified that the Common difference 
between Virginia Currency and Bills of Exchange is fifteen per 
Cent. And the said Receiver Gen 1 is hereby allowed to charge 
so much in his acco* for all the sums received by him for his 
Mat ies Quitt Rents the last year. 

May the 3 d 1726 

Present 

The Governor 

Robert Carter Peter Beverley 

James Blair John Robinson 

Philip Ludwell John Carter & 

Mann Page Rich d Fitzwilliam Esq" 

His Majestie's letter under his Royal sign Manual dated the 
4th of February 1725/6 signifying his Mat les Royal Will and 
pleasure to the Governor for admitting & swearing John Grymes 
Esq r one of his Mat les Council of this Colony was presented & 
read, and thereupon the said John Grymes took the oaths ap- 
pointed by Act of Parliament to be taken instead of the oaths 
of Allegiance & Supremacy the Abjuration oath, subscribed 
the Test, and took the oath of Counsellor. 

Present John Grymes Esq 1 " 

The Governor communicated to the Council a letter from M r 
Leheup Sollicitor of the Virginia affairs inclosing a Copy of 
the Report of the Attorney & Sollicitor Gen 1 on the Queries 
sent from hence relating to the grants of land in the Counties 
of Brunswick & Spotsylvania, and the same were read, together 
with an account of sundry Charges expended by the said M r 
Leheup on the public affairs of this Colony, It is ordered that 



100 Executive Journals, Council of Colonial Virginia 

his Mat'" Receiver Gen 1 do discharge the said Acco' out of the 
Revenue of 2s per hogshead in his hands. 

The Governor in Council was pleased to appoint the follow- 
ing persons to be Sheriffs of the several Counties for the ensuing 
year Viz* 

Henrico Jn° Bedford 

Surry Benj" Edwards 

Isle Wight Thos Brewer 

Prince Geo Will m Harrison 

Nansemond Barnaby Kearney 

Norfolk Jn° Hare 

Princess Anne Willoug : Merch' 

Eliz" City Ja 3 Selden 

Warwick Wm Cole 

York * Graves Packe 

James City Robt Goodrich 

New Kent Jn° Sclater 

Hannover Dav Meriwether 

Cha s City Fran Hardyman 

King Wm Jn° Butts 

King & Qn John Leigh 

Glocester Francis Willis 

Midd 1 Chr. Robinson 

Essex Thos Waring 

Spotsylv* Goodrich Lightf oot 

K. George Wm Strother 

Richmond Ja 3 Belfield 

Lancaster James Ball 

Northumberl d Chas Lee 

Westmorl" John Elliot 

Stafford Wm Stork 

Accomack Jn° Kendall 

Northampton Jacob Stringer 

On the motion of his Mat' 63 Receiver Gen 1 It is ordered that 
a number of new Rights not exceeding £500 Sterling be made 
out for supplying such of the Inhabitants as shall be desirous to 
take up new land. 

The following Warrants on the Receiver Gen 1 to be paid out 
of his Mat les Revenues were this day signed by the Governor in 
Council Viz'. 

Out of the 2s per hh d &c 

To the Gov r for y 2 years Salary ending y" 25 

Apr £ 1000,.—,,— 

To the Gent of the Council for the same time. 175,, — ,, — 
To the Judges of the Court of Oyer & Ter- 
miner held in Dec r last 100,, — „ — 



Executive Journals, Council of Colonial Virginia 101 

To the AucT Gen 1 of the Planta°ns j4 years 

Salary 50,, — „ — 

To the Sollic r of the Virginia affairs for the 

same 50„ — „ — 

To the Attorney Gen 1 for the same 20„ — „ — 

To the Clerk of the Council for the same 50„ — „ — 

To Wm Prentis for y 2 years salary to y e sev 1 

Gunners 20„ — „ — 

To the Armourer for the like Salary 6„ — „ — 

To sundry Mine 3 for their attendance on Gen 1 

Court 6„ — „ — 

To Wm Prentis for sundry contingent Charges. 62„ 7„11^4 
To the same for sundry repairs about the Gov" 

House 13„ 9„ — 

And out of the Quitt Rents 

To M r Com ry Blair y 2 years salary ending the 

25th of April £ 50„— „— 

To the Attorney Gen 1 ]/ 2 years additional Sal- 
ary 30„— „— 

At a Council held June y e 3 d 1726 

Present 

The Governor 

Robert Carter John Carter 

Philip Ludwell Rich d Fitzwilliam & 

Peter Beverley John Grymes Esq" 

The acco ts of his Mat 1 * 8 Revenue of Quitt Rents and 2s per 
hogshead having been examined by the Auditor were this day 
sworn to by the Receiver Gen 1 and certified by the Governor 
as usual. 

Ordered that new Commissions of the peace issue for the 
Counties of Prince George and York, and that the several per- 
sons recommended by those Courts be appointed Justices therein 
respectively. 

Present M r Commissary Blair 

The Governor acquainted the Council that the ill state of 
his health obliged him to the resolution of going for Engl d in 
a short time, and since by the Governor's Commission, the ad- 
ministration of the Government is in his absence to devolve on 
the first of the Council who is Col° Jenings & for two years 
past has been incapable of attending this Board, and is said to 
be so far decayed in his understanding as to be unfit for the 
execution of that Trust, he desired the advice of the Council if 
it be for his Mat les service that he leave the administration in 



102 Executive Journals, Council of Colonial Virginia 



the said Col Jenings's hands. Whereupon the Council being 
desirous to consider more maturely before they deliver their 
opinion in a matter of this weight, It is therefore Resolved that 
the consideration hereof be referred till the 24th instant, and 
that all the members of the Council have notice to attend at 
that time. 

June the 7th 1726 

Present 

The Governor 

James Blair Peter Beverley 

Philip Ludwell John Robinson 

Cole Digges John Carter & 

Rich" Fitzwilliam Esq" 

The Governor was pleased to acquaint the Council that he 
intended this day to put an end to the present Session .of As- 
sembly, and having called for the several bills prepared this Ses- 
sion to be passed into laws, desired the opinion of the Council 
if there be any matter cont d in those bills unfit for him to give 
his assent unto ; the Council thereupon did declare their opinion 
that the several Bills prepared this Session are well suited to 
the circumstances of this Colony, and contain nothing deroga- 
tory from his Majesties prerogative, prejudicial to the trade of 
Great Britain, nor disagreeable to his Mat les Royal Instructions. 

The Governor was pleased to take notice of a representation 
prepared by the Council and Burgesses relating to a Judgment 
given on an appeal to his Mat 7 in his privy Council in a suit 
between the Exc rs of Micajah and Richard Perry of London Mer- 
chants and the Exc" of William Randolph Gent, and de- 
sired to know the opinion of the Board if it be proper for him 
to concern himself in the transmitting the said Representa- 
tion to his Mat 7 . Whereupon the Council do humbly represent 
that by his Mat 1 *' Instructions all Addresses & representa°ns 
from any of the plantations, are directed to be transmitted to 
his Mat 7 by the hands of the respective Governors ; that the Gen- 
eral Assembly hath no other liberty of Conveying this Repre- 
sentation, unless the Governor thinks fit to refuse the transmitting 
it ; in which case it may be presented to his Mat 7 by an Agent 
appointed for that purpose; but as the General Assembly have 
not presumed in this representation to offer any thing but with 
the greatest duty and submission to his Mat 7 and such as they 
conceive absolutely necessary for the good of his subjects here. 
The Council are therefore of opinion that it is proper for the 
Governor to transmit the said Representation in the usual man- 
ner directed by his Instructions, and that the Sollicitor of the 
Virginia affairs be desired to attend the Secretary of State, and 



Executive Journals, Council of Colonial Virginia 103 



wherever else it shall be necessary for obtaining his Mat' 8 ' most 
gracious answer thereto 

James Torse Gent Naval Officer of the Eastern shore desiring 
to be discharged from that office, the Governor with the advice 
of the Council was pleased to appoint Edmund Scarborough 
Gent to be Naval Officer of that District 

Ordered that a new Commission of the peace issue for the 
County of Hannover with the addition of sundry persons recom- 
mended to be Justices of the said County. 

Upon Consideration of a proper time for the next meeting of 
Assembly, It is the opinion of the Council that this Assembly 
be prorogued to thursday the 17th of November next. 

At a Council held at the Gov" House 
The 14th day of June 1726 

Present 

The Governor 

James Blair Peter Beverley 

Philip Ludwell John Robinson 

Will 1 " Byrd John Carter 

Mann Page Rich d Fitzwilliam & 

Cole Digges John Grymes Esq" 

The following petitions for leave to take up & survey his 
majesties lands were read and granted to the persons after- 
mentioned Viz 1 . 

Richard Jones Jun r 1000 acres on the south side Hatche's 
Run, and adjoining to John Bannister's line in Price George 
County. 

John Paterson 1000 acres joining to his plantation in Isle 
of Wight County, provided the same doth not come within the 
limits assigned for the Nansemond Indians, nor the controverted 
bounds between this Colony and Carolina 

Sam 1 Brown 900 acres adjoining to his patented lands in 
Isle of Wight County, provided it doth not come within the 
controverted bounds, nor the limits assigned for the Nansemond 
Indians. 

Robert Boiling Gent 2000 acres adjoining to the lines of his 
patented lands on Namasine Creek in Prince George County 

Edmund Berkley Gent 6000 acres joining on the land of 
Capt John Martin between the Rivers Byrd and Northanna in 
Henrico County. 

George Booth 100 acres adjoining to his patented lands be- 
tween Stonie and Saponie Creeks in Surry County with liberty 
to take an inclusive patent for the whole. 

Drury Stith Gent 2500 acres adjoining to his patented land 
on Saponie Creek in Prince George County, with liberty to take 
an inclusive patent for the whole. 



104 Executive Journals, Council of Colonial Virginia 

Thomas Harris 2000 acres on Appomatuck River in Prince 
George County adjoining to his patented lands there, with liberty 
to take an inclusive patent for the whole. 

William Bridger 1000 acres in Isle of Wight County, on the 
south side Nottoway River, beginning on the County line, and 
the line of Richard Williams, and running down the said line, 
& the line of Colo John Allen to Nottoway River, and down the 
same to Bean Creek, and up the said Creek to the said Williams's 
land where it begins, provided the same be not within the bounds 
of the lands formerly assigned for the Nansemond Indians. 

Silvanus Stokes 2000 acres adjoining to his planta°n in Surry 
County with liberty to take an inclusive patent for the whole. 

Nathan 1 Malone 1000 acres adjoining to his patented and 
purchased lands on Stonie and Saponie Creeks in the County of 
Surry, with leave to take an inclusive patent for the whole. 

Stith Boiling Gent 500 acres adjoining to his patented land 
on Buckskin Creek in Prince George County, with liberty to take 
an inclusive patent for both Tracts. 

John Vasser 500 acres adjoining on the land of Sam 1 Brown 
in Isle of Wight County, provided the same doth not fall within 
the limits assigned for the Nansemond Indians, nor within the 
controverted bounds. 

Bartholomew Crowder 2000 acres, adjoining to his patented 
lands on the branches of Mahuponnock Creek in Prince George 
County, with liberty to have an inclusive patent for both tracts. 

Gawin Corbin Gent 3000 acres adjoining to the lands now 
held by him on the River Po in Spotsylvania County, with liberty 
to have an inclusive patent for both tracts, upon his producing 
Rights for the same, and subject to the payment of Quitt Rents 
as other lands in this Colony. 

Alex r Atree [or Acree] Jun r 550 acres on the Cypress swamp 
and on the head line of Col° John Allen's land in Isle of Wight 
County, provided the same be not within the limits assign'd for 
the Nansemond Indians nor within the controverted bounds. 

Arthur Whitehead 1300 acres in Isle of Wight County in 
three several Tracts, the first lying along Col° John Allen's 
line from the miry branch to the Cabbin branch, the second on 
the line of the said Allen on the lower side of the great meadow 
& up the same to Doctor's branch, and the third beginning at 
Braswell's path on the south side of the aforesaid Cabbin branch, 
and up the same into the woods. 

William Mayo Gent 3000 acres on Fine Creek in Henrico 
County. 

Thomas Randolph Gent 1200 acres on both sides the north 
branch of James River at a place called Buck Island in Henrico 
County. 

John Boiling Gent 800 acres on the back of a tract called 
Rock Castle on James River in Henrico County. 



Executive Journals, Council of Colonial Virginia 105 



John Woodson 1250 acres on Mill Creek at Dover in Henrico 
County. 

John Woodson 1150 acres at Deep Creek in Henrico County. 

Bowler Cocke 1200 acres beginning at David Lisle's upper 
corner near Muddy Creek in Henrico County. 

Bowler Cock and Will m Mayo 3000 acres on the north side 
the western branch of the great fork of Deep Creek in Henrico 
County, & running down & crossing the said Creek to compleat 
the said quantity. 

James Keith 750 acres on the north side of Stonie Creek in 
Prince George County, including the land purchased by him of 
Edward Colwell. 

John Woodson on his petition hath leave granted him to 
enter for 2234 acres of surplus land found within the bounds of 
a patent granted John Woodson father to the pet r called Dover, 
and to take out a new patent for the true quantity contain'd 
within the courses of the said patent, he producing Rights for 
such surplus land. 

On hearing this day in Council the matter in dispute between 
David Bray Gent & William Todd of the County of King and 
Queen Gent concerning a Grant of two tracts of land each con- 
taining 4675 acres surveyed for the said Todd and John Battail 
whose Entry hath been since transferred to the said Todd. It 
appearing to this Board that the said Todd did in due time make 
application for a patent, and that the same was delayed in ex- 
pectation of receiving his Mat' es Commands, It is the opinion of 
this Board that the said William Todd have a patent for the 
said two tracts of land, and the aforesaid petition as to him be 
dismissed. 

At a Council held June 15 ,h 1726 

Present 

The Governor 

James Blair Peter Beverley 

Philip Ludwell John Robinson 

William Byrd John Carter & 

Mann Page John Grymes Esq" 

On hearing this day at the Board the petition of David Bray 
Gent for a grant of 4675 acres of land in Spotsylvania County 
formerly surveyed for John Taliaferro the 31 st of March 1724, 
and no patent sued out thereon pursuant to the orders of Govern- 
ment, and a counter petition exhibited by Thomas Beale the 
elder, Thomas Beale the younger and Dan 1 Hornby claiming by 
Entries made by them for the same lands upon the said Talia- 
ferro's resigning his entry and survey. This Board, having fully 
heard & considered the arguments of both parties by their Coun- 



106 Executive Journals, Council of Colonial Virginia 

cil, and the several circumstances of the case, are of opinion that 
the Entry of John Taliaferro and the Claim of the said Beale 
and Hornby under him are void for not sueing out patents thereon 
according to the orders of Government, and that therefore the 
pet r David Bray be admitted to enter for the said whole tract 
of 4675 acres formerly surveyed for the said John Taliaferro, 
but forasmuch as it appears to this Board that Thomas Beale 
the elder and Daniel Hornby have seated and made divers Im- 
provements on those parts of that Tract surveyed for them, the 
benefit of which will accrue to the said Bray, It is the further 
opinion of the board, that the Charge of the seating & improve- 
ments afores" be repaid to the said Beale and Hornby, And it 
is accordingly Ordered that upon the said Brays returning a 
Survey of the said lands to the Secretaries office, producing Rights 
for the same, & paying the Charges & value of the Improve- 
ments aforesaid, a patent be granted him for the same ; but if 
any Controversie shall arise between the parties touching the 
value of the said Improvements, the same be determined by this 
Board. 

And it is further Ordered that the patent prepared for Thomas 
Beale the younger for part of the said land be cancelled, the 
same having not yet passed the seal, and it appearing that the 
said Beale endeavoured to obtain the same by surprize, and to 
defraud his Mat y of the Rights due for the land therein contained. 

Present Rich d Fitzwilliam Esq r 

William Jones and George Woodroof having entred a Caveat 
for stopping a patent sued out by George Homes the elder and 
George Homes the younger for 3100 acres of land in Hannover 
County, the said Homes this day attended the board, and a let- 
ter was produced in behalf of the said Jones & Woodroof that 
the hearing may be put off till further time, but it appearing by 
a Certificate from the survey of the said County of Hannover 
that the Entry of the said Homes was prior to that of the said 
Jones & Woodroof, and that the reasons urged by them for stop- 
ping the said patent are frivolous, It is Ordered that the said 
Caveat be dismist, and that a patent issue to the said Homess 
for the land surveyed for them as aforesaid. 

Thomas Jones Gent on his petition hath leave granted him 
to survey 6000 acres of land adjoining to and including the lands 
lately by him taken up & purchased on the main branch of Tay- 
lor's Creek, and about the Bever-dam fork thereof in Hannover 
County, and that he have leave to include the whole in one 
patent. 



Executive Journals, Council of Colonial Virginia 107 

At a Council held at the Capitol the 24th of June 1726 

Present 

The Governor 

Robert Carter Cole Digges 

James Blair Peter Beverley 

Philip Ludwell John Carter & 

John Grymes Esq" 

This day being appointed pursuant to the Resolutions of the 
Board on the 3 d instant for considering in whose hands the ad- 
ministration of the Government shall be lodged, during the Gov- 
ernors absence from this Colony. The Governor was pleased to 
inform the board that he had this day sent the Clerk of the 
Council to notifie to Col Jenings the present meeting of the 
Council, and the occasion thereof, who reported, and now again 
repeated at the Board that upon his delivery of that message 
CoP Jenings fell a weeping and continued in that Condition a 
considerable time without making any answer; but upon his 
being urged by M" Jenings to give an answer to that message, 
he at last said he would wait on the Governor in Council if he 
was able, and thereafter M" Jenings told him that her husband 
had prepared a letter to the Governor which he intended to send 
this day & showed him the superscript" of it w ch he took to be 
Coll e Jenings's hand writing, but the Governor was pleased to 
inform the Board that no such letter had yet been sent him, and 
added that since by the Commission to the Governor the ad- 
ministration is to devolve (in the absence of the Governor and 
Lieut Governor) on the first in the Council, who in the common 
opinion of all who have lately seen him is so far declin'd in his 
understanding as to be incapable of executing that trust, he was 
desirous to know the opinion of the Council as to CoP Jenings's 
capacity, and in what manner the administration of the Govern^, 
ment shall be settled in case the said Jenings be found unfit for 
the exercise thereof; Whereupon it was thought fit that John 
Randolph Esq r his Mat 1 " Attorney Gen 1 should repair to Coll e 
Jenings's house, and there acquaint him that the Governor and 
Council had under Consideration the Settlement of the Govern- 
ment, and his Capacity to act any longer as a member of his 
Mat le " Council, that he should desire to know what he had to 
offer why he ought not to be suspended from acting any longer 
as a member of that Board, and that if he attempt to return 
any answer in writing, that the Attorney Gen 1 should insist to 
be present at the preparing such answer; and generally that he 
do observe in what condition of memory and Judgment the said 
Coll° Jenings is, and make report to this Board to morrow. 

Ordered that a new Commission of the peace issue for the 
County of Middlesex, and that M r Matthew Kemp be appointed 



108 Executive Journals, Council of Colonial Virginia 

one of the Justices in the same rank he held before he quitted 
the office of a Justice of that County. 

Francis Willis Gent by his petition praying a Grant of 6000 
acres of land or thereabouts surveyed for M r Nicholas Meriwether 
in Hannover County the said survey having become void for not 
sueing out a patent thereon pursuant to the orders of the Gov- 
ernment. It is ordered that the said M r Meriwether be heard 
thereon before this Board at the next Court of Oyer and Terminer. 

Henry Willis petitioning for a grant of 10000 acres of land 
in the County of Spotsylvania surveyed for Edm d Jenings Esq% 
and the said survey become void for not sueing out a patent 
thereon according to the orders of the Government. It is ordered 
that the said Edmund Jenings be heard thereon before this Board 
at the next Court of Oyer and Terminer. 

On reading at this Board the petition of Harry Beverley 
praying that the Governor would be pleased to order the Seal of 
the Colony to be affix'd to two patents sign'd by Col° Spotswood 
the 20 th of July 1722 for two Tracts of land taken up by the pef 
in Spotsylv* County, and afterwards stopt in the Council office 
by Order of the said Col° Spotswood whereby the pet r is like 
to lose the benefit of the Improvements he has made on one of 
the said Tracts. It is Ordered that the said Harry Beverley do 
attend this Board, and make out the alligations of the said peti- 
tion, to the end the Governor may be the better informed what 
relief is proper to be given the pet r therein. 

June the 25th 1726 

Present 

As Yesterday 

John Randolph Esq' his Mat 1 " Attorney Gen 1 this day at- 
tended the Board, and pursuant to the Order of Yesterday, pre- 
sented a report of his conversation with [Edmund Jennings] Esq r 
which Report is as follows. 

May it please yo r Hon" 

In obedience to your Order I waited last night upon Coll" 
Jenings, & told him I was come from you to acquaint him that 
the Governor thought it advisable for the recovery of his health 
to repair speedily to Great Britain, and that as the administra- 
tion of the Government in his absence would devolve upon the 
Counsellor first named in the King's Instructions, you had then 
under your Consideration the mischiefs and inconveniences which 
might ensue to his Mat'*" service, in case the Government should 
come into his hands, in respect of an incapacity you were inform'd 
he was, and for a long time had been under in point of under- 
standing & memory, which he had given you occasion to believe 
by his long absence from Councils, and the answer that was 



Executive Journals, Council of Colonial Virginia 109 



given to the summons he had that day received to attend. I 
further acquainted him that I was sent to receive his answer to 
this matter, and that you were desirous to have all the satisfac- 
tion that might be had concerning his present Circumstances. 

To which for some short time he made no answer, and seem'd 
as if he had not understood what I said; but M" Jenings saying 
he was best able to write in a morning, he said he would write 
an answer in the morning, which he uttered with so great diffi- 
culty and hesitation that I could hardly understand him 

I told him if he wrote any thing it was expected I should 
be present; he answered with the same difficulty he hop'd no 
body thought he would make use of a forged hand, and I said, I 
believed no body entertain'd such thoughts of him, but you judg'd 
that the best expedient to satisfy you that whatever answer should 
be sent to you in his name, was his own. Then he wept, & said 
he was sorry his long indisposition should occasion any baulk in 
the Government. 

M" Jenings showed me a letter, which she said he had written 
with a design to have sent it that day to the Governor, but that 
he intended to make some alterations in it ; and after I had read 
the letter I asked him if he intended to send it to the Governor, 
he said he had some thoughts about the matter and had written 
that letter. 

Then I desired to know whether he would have me come 
again in the morning, and whether he understood what I had said 
to him, he said yes. So I left him. 

And this morning I waited on him again, and told him I 
was come to receive his answer to the message I delivered to him 
yesterday from the Governor and Council, he told me he had writ- 
ten a letter to the Governor, which was all he could say, & that 
he thought himself not well used in some things mentioned in 
my memorandums. I acquainted him again that yo r Hon" were 
desirous that I should be present when he wrote his answer, but 
he said he should write nothing that was not fit to be laid before 
the Governor, & he was not obliged to write in my presence, and 
after a long pause, he said he could not dictate so well as he 
could formerly & he might tire my patience. I told him I was 
obliged to wait till he could write his mind, if he thought it 
proper. 

Then he desired M" Jenings to give him a letter which lay 
upon the table, and delivered it to me, desiring me to deliver it 
to the Governor. 

I asked whether it was the same letter I read last night, he 
told me it was. I asked him whether he remembered or could 
tell me the substance of it: he said, yes, That he hop'd by the 
assistance of the Council — But could go no further, & said it was 
drove out of his head last night. 

M" Jenings tolde me she believed he could not remember the 
substance of the letter, because he was two or three mornings 



110 Executive Journals, Council of Colonial Virginia 

about it. Then he said he did not know the reason of so many 
Queries, for he though himself as capable to exercise the power 
of the President with the assistance of the Council, as before 
when he was President for three years. I told him, he ought not 
to take it ill of me that I proposed those questions to him, seeing 
the Governor and Council had sent me to him for that purpose, 
and that they Judged this the best method of enquiring into his 
present circumstances. He said he did not know whether he 
ought to take it amiss or not, but he thought this Scrutiny showed 
a diffidence in his conduct, as if he would be guilty of a false 
trick, or any dishonest thing. 

M" Jenings said the Council might do what they pleased, but 
Coll° Jenings would insist on his Right, and he said, yes, either 
here or in England, and that he would write to his friends in 
England. 

I can't say that he spoke all these words distinctly or in the 
order in which they are here set down, but this is the substance 
& sense of what I could collect from the half words and broken 
sentences which he uttered with the greatest difficulty & incoher- 
ence imaginable, which it is impossible to describe. 

And upon the matter it appears to me, that he is able to give 
a rational answer to a plain familiar question, provided it may be 
done in the Compass of four or five words, but if it requires more 
he seems confounded and to forget the Subject: And I am of 
opinion that his understanding and memory are so impaired by 
his disease, which I take to be a palsie, that he is not capable of 
forming any Judgment or collecting his thoughts, if he has any, 
upon any subject whatsoever ; nor do I think he can be made to 
understand any question concerning the affairs of the Government. 
I am Yo r Hon" most obedient Serv' 

John Randolph 

He also presented the letter mentioned in the above Report, 
which letter is literatim as follows. 

Sr 
I am informed that the Council is to meet this day to ad- 
vise where the adminiration of the Government must be settled 
during your absence, For altho I have by Sickness & for some 
time bin disabled from attending the Gen 11 Court att Councills 
yett I hope I am not soe much incapatitated either in body or 
Mind as to be shutt out of thatt post of Presid' of the Councill 
wherein his Ma uye has bin pleeased to place mee & I doubt not 
but by the assistance of the Councill to continue the Country in 
the same peace & tranqunilley you leave itt 
I am S r 

Your most humble Servant 

E Jenings 
24 th of June 1726 



Executive Journals, Council of Colonial Virginia 111 

Directed on a Cover 

To The Ho ble Hugh Drysdaydale Lieu 1 Govern 1- 
of Virginia 

After reading of which letter & Report the Council thought 
fit for their further satisfaction to direct John Holloway Esq r 
& William Robertson Gent who have been principally concerned 
in the affairs of Coll° Jenings's Estate, to give an account what 
they know of his being in a Condition to manage his private 
affairs, and accordingly the said John Holloway Esq r attending the 
Board, and at the desire of the Governor and Council gave in 
the following Narrative. 

Virg* W m8 burgh June 25th 1726. 

I the Subscriber being this day called by the Hon ble the 
Lieu 1 Governor in Council to give an account of what I know 
and believe & have observed in relation to Coll° Edmund Jenings 
and his Judgment & Capacity of management of his own private 
affairs, do therefore hereby humbly Certify, That for these five 
or six years last past untill the 4 th or 5 th of Nov r last, I believe 
I was the the person in whom he confided chiefly (whilst he had 
his senses & understanding) for advice and assistance how to 
manage his affairs as to his law business, as to his borrowing of 
money, & as to his disengaging himself from the many great debts 
and incumbrances he was under, I do verily believe that since 
June or July 1724, or about that time, untill November last, he 
was not ever at any time capable of discoursing with me or 
giving a rational answer on any of these subjects, and the reason 
of this my opinion & belief is, because during that time, I did 
frequently wait on him and have sate in his company at several 
times an hour, more and less, and have proposed questions to 
him and have had others to propose to him, but could not find 
that he could give any answer or make any Judgment of things 
proposed. I conclude it to be his want of Capacity & Judgment, 
because he never did make me any answers to any of those mat- 
ters, and they did absolutely require answers from him : and 
whatsoever business I did transact since October 1724, has been 
by the directions of his Lady, and by my own opinion without 
one word from him. The occasion of my desisting in November 
from further acting in his affairs was, because I thought my 
self not well treated by some of his family, and I have been in- 
formed & do believe that M r William Robertson Clerk of the 
Council hath ever since I desisted managed his law affairs, so he 
M r Robertson is best capable to speak his Judgment & under- 
standing in these affairs since the beginning of November last, 
from which time I have not seen him untill this day, and this 
morning I was by the mediation of a worthy Gentleman pre- 
vailed upon to go and visit Col Jenings. He was sitting in his 



112 Executive Journals, Council of Colonial Virginia 

Chair, and when I came up to him, he rose up and took hold of 
my hand, and said he was glad to see me; so that I believe he 
did know me. He sat down again immediately, and fell a weep- 
ing and continued so sometime I sat with him at least half an 
hour, and he did not say any thing to me, only, I think, when I 
ask'd him if he had a good stomack, he said yes. I do think he 
did appear to me this day to be something more in his sense,, 
than he was at any time I have seen him before since Oct 1 " 1724; 
And my reason for this is because this day he was able to speak 
that sentence viz : That he was glad to see me, which I think he 
was not able to do at any time when I did see him in the last 
two years. But I am of opinion, & must believe that if he had 
Judgment, and was capable of managing, or discoursing of his 
own private affairs, he would have said something of them to 
me, they being now in the greatest disorder, and absolutely re- 
quiring his consulting with me if he was capable to do it 

Jn° Holloway 

And then William Robertson Gent pursuant to the order of 
the Board delivered in an account of his observations during the 
time he has been concerned in the management of some of Coll° 
Jenings's affairs in the words following. 

In humble obedience to the Commands of the Hon ble the 
Governor in Council, I do hereby certifie, that being concerned 
in the management & transacting of several affairs, relating to 
the Estate of Edmund Jenings Esq r , particularly in two law suits 
brought against him in the County Court of James City, I have 
frequently waited on him since last Oct r , and endeavoured to ob- 
tain of him such informations as I judged were necessary for my 
conduct, but I never received any directions from him, nor do I 
believe he was then, or is yet capable of giving any directions 
in any business whatever. 

Wil Robertson 
June 25 th 1726 

The Council taking the whole matter into Consideration, and 
being fully convinced as well from the answer and letter received 
from Coll° Jenings on occasion of the present meeting of the 
Council, from the foregoing reports and narratives, as from his 
long absence from Councils and General Courts and the knowl- 
edge and observation of several members of the Board, that the 
said Coll Jenings is, by reason of the insanity of his mind & 
memory a person altogether incapable of administring the Gov- 
ernment of this Colony, and are therefore unanimously of opinion, 
that for preventing the Inconveniences which may accrue to his 
Mat""* Service & the safety of this Colony by the Governments 
devolving on a person so unfit to execute that trust. It is abso- 
lutely necessary for his Mat 1 " 3 Service that the said Edmund 
Jenings Esq r be suspended from the place of a member of his 



Executive Journals, Council of Colonial Virginia 113 

Mat 168 Council, and do advise the Governor to suspend him ac- 
cordingly, & that notice of such Suspension be given the said 
Jenings by an Instrument under the Governor's hand & the Seal 
of the Colony. 

Upon which advice, as well as his own knowledge of the 
Incapacity of the said Edmund Jenings Esq r , the Governor was 
pleased to declare the said Edmund Jenings suspended from act- 
ing as a member of his Majesties Council. 

A Letter to the Governor and Council of Maryland in answer 
to one received from them relating to the laws made here for 
regulating the manufacture of Tobacco, was read & sign'd by 
the Governor and Council. 

At a Council held at the Capitol the 1 st day 
of August 1726 

Present 

The Hon ble Rob* Carter Esq r President 

Philip Ludwell Cole Digges 

Mann Page Peter Beverley & 

John Carter Esq" 

Robert Carter Esq r acquainted the Board that upon the 
death of the late Lieut Governor he had thought it necessary to 
call this Council in order to his taking upon him the administra- 
tion of this Government, which he conceives is devolved on him 
by the suspension of Col Jenings, he being now the first named 
in his Mat ,es Instructions to whom the power of executing the 
Kings Commission in case of the death or absence of the Gov- 
ernor & Lieut Governor is committed, and desired the opinion 
of the Council whether he is not fully authorized to act as Presi- 
dent of the Council. 

Whereupon the Board having read and considered the min- 
utes of last Council whereby Edm d Jenings Esq r is for incapacity 
suspended from being any longer a member of his Mat ,ea Council, 
are unanimously of opinion that the said Robert Carter is thereby 
become the first named in his Mat ies Instructions and is duly 
authorized to take upon him the Governm 4 and to execute the 
several powers contained in his Mat tes Commission to the Right 
Hon ble the Earl of Orkney his Mat'" 3 Lieut and Governor Gen- 
eral of this Dominion. And then the President took the Oaths 
appointed by Act of Parliament to be taken instead of the Oaths 
of Allegiance & Supremacy the Abjuration Oath appointed to be 
taken by the Act of Parliament made in the sixth year of her 
late Mat y Queen Anne, subscribed the Test and took the Oath for 
the due observation of the acts of Trade. 



114 Executive Journals, Council of Colonial Virginia 

A Proclamation continuing all Officers in the execution of 
their several Trusts was prepared and sign'd by the President in 
Council 

The President was pleased to inform the Board that having 
an opportunity by the Carter Frigat bound for London, he had 
notified the death of the late Governor to his Grace the Duke 
of New-Castle his Mat les Principal Secretary of State, and to the 
Right Hon ble the Lords Commiss" for Trade & plantations. 

This Board being informed that the late Governor did not 
(pursuant to the advice of the last Council) make known to Coll" 
Jenings his suspension. It is Ordered that the Clerk of the 
Council wait on the said Coll" Jenings, and acquaint him that 
on the 25 th day of June last the late Governor did with the ad- 
vice of the Council suspend him the said Col° Jenings from act- 
ing any longer as a member of his Majesties Council; and that 
if he desires it a Copy of the whole proceedings upon which 
that suspension was grounded be delivered to him. 

August the 2 d 1726 

Present 

The Hon ble Robert Carter Esq r President 

Philip Ludwell Peter Beverley 

Mann Page John Carter & 

Cole Digges John Grymes Esq" 

It is Resolved that a Message be sent to the late Govr" Lady 
in the name of the President and Council expressing the just 
sense they have as well of the public loss, as of hers in particular 
by the death of the said Governor; that they heartily condole 
with her on this occasion ; that they desire she will please to 
continue in the Governor's house, and make use of any other 
Conveniences about it during her stay here ; and to assure her 
of the Council's readiness to do her Service, and that John Hollo- 
way Esq r and Archibald Blair Gent who manage her affairs 
be desired to deliver this message. 

Ordered that M r Richard Hickman be and he is hereby ap- 
pointed to have the care and inspection of the Gov" house & 
Gardens after M" Drysdale's removal thence, and for the better 
keeping the said Gardens in order John Grymes Esq' is desired 
to purchase of M rs Drysdale the remainder of the present Gardi- 
ner's time, and that he be employ'd in taking care of the said 
Gardens under the direction of M r Hickman 

Whereas Francis Willis Gent was by the late Governor ap- 
pointed Sheriff of the County of Glocester, but not having re- 
ceived his Commission before the said Governors death, now scruples 
to act thereby. For preventing any obstruction of Justice which 
may happen in this and the like Cases, It is the opinion of this 
Board that M r President issue his Commission to the said Francis 



Executive Journals, Council of Colonial Virginia 115 

Willis, and to any other Sheriffs who are not already sworn into 
their offices by virtue of the late Governor's Commissions. 

It being represented to this Board that there are divers 
pieces of furniture belonging to the late Gov r which are not only 
convenient, but ornamental to the Governor's house, His Mat'" 
Receiver Gen 1 is desired to buy such of the said household furni- 
ture as he sees fit & for the purpose aforesaid to be paid out of 
his Mat Ies Revenue of 2s per hh d . 

October the 15 th 1726 

Present 

The Hon ble Robert Carter Esq r President and 
Commander in Chief 

Cole Digges John Carter 

Peter Beverley Richard Fitzwilliam & 

John Grymes Esq™ 

A Warrant under his Mat les Royal Sign manual and Signet 
bearing date the 20 th day of July 1726 authorizing & impowering 
Robert Carter Esq' (during the absence of the late Lieut Gov- 
ernor who had then obtained leave to repair to England for 
the recovery of his health) to execute all the powers and authori- 
ties in his Mat les Commission to the Earl of Orkney was this 
day read at the Board, and the Council being thereupon of 
opinion that the said Warrant giving a new authority to the 
President, he ought to qualify himself of [a] new to execute the 
same. M r President accordingly took the Oaths appointed by 
Act of Parliament to be taken instead of the Oaths of Allegiance 
& Supremacy together with the abjuration Oath, subscribed the 
Test, and took the Oath for the due observation of the Acts of 
Trade. 

October the 18 th 1726 

Present 

The President 

William Byrd John Carter 

Peter Beverley Rich d Fitzwilliam & 

John Grymes Esq™ 

Whereas the General Assembly stands prorogued to the 17th 
of the next month, and it being this day debated in Council 
whether the same be not dissolved by the death of the late Gov- 
ernor, It is ordered that the Consideration hereof be referred 
till next Council, and that the Attorney Gen 1 be directed to re- 
port his opinion thereon. 



116 Executive Journals, Council of Colonial Virginia 

A Letter from the Right Hon ble the Lords Commiss" for 
Trade and Plantations dated the 30 th of June 1726 was this day 
read at the Board, and upon Consideration of that part thereof 
which requires an account of what money has been collected by 
virtue of the Act made in the year 1723 for laying a duty on 
Liquors & Slaves, & how the same has been applied, It is 
Ordered that a Copy of that part of the said letter be delivered 
to John Holloway Esq r Treasurer of the said duties and that he 
be desired to prepare such acco 1 as is therein required. 

A Letter from the Governor and Council of Maryl d dated 
the 25 th of July last was this day read in Council being in answer 
to a letter from the late Governor and Council relating to the 
Acts of Assembly of this Colony for improving the Staple of 
Tobacco. 

October the 20 th 1726 

Present 

The Hon ble the President 

William Byrd John Robinson 

Cole Digges John Carter & 

Peter Beverley Rich d Fitzwilliam Esq" 

On Consideration of the Question moved last Council con- 
cerning the Continuance of the Gen 1 Assembly, It is the opinion 
of the Council that the Gen 1 Assembly is not dissolved by the 
death of the late Governor, and therefore Ordered that a proclama- 
tion issue proroguing the same to Wednesday the 15 th of February 
next. 

This Board having had under Consideration the settling 
the Commission of the peace for the County of Spotsylvania, and 
having nominated such persons as seem most fit for the office 
of Justices, and most like to attend their duty ; It is ordered that 
a new Commission of the peace issue for the said County, accord- 
ing to the list of Justices this day nominated by the Board. 

October the 25 ,h 1726 

Present 

The Hon ble the President 

William Byrd Peter Beverley 

Nath 1 Harrison John Robinson 

Cole Digges Rich d Fitzwilliam & 

John Grymes Esq" 

Whereas divers Controversies have arisen among the Justices 
and Inhabitants of Essex County (more especially since their late 
Court house was accidentally burnt) touching the removal of 



Executive Journals, Council of Colonial Virginia 117 

their Court from the place where it has usually been held to some 
other place nearer the Center of the County. For the ending of 
which differences application was made to the last Session of 
Assembly for a division of the said County, and after the proposed 
division was rejected, it was resolved by the house of Burgesses 
that the Justices of the said County of Essex ought not to build 
a new Court house before the next Session of Assembly ; and 
whereas Complaint is now made by divers of the Justices and 
Inhabitants of the said County, that the major part of the Jus- 
tices which met at Court on the 18 th of this month have made an 
order for building a house to hold Court for the said County, and 
have levied Tobacco for that purpose, and appointed the next 
Court to be held there; which order is represented to be contrary 
to an agreement entred into by the said Justices to make no 
alteration in the place for holding Court in that County untill the 
next Session of Assembly as well as contrary to the forement d 
Resolve of the House of Burgesses, under which all parties had 
agreed to acquiesce This Board having heard and considered the 
several representations of the respective parties, as well as what 
was this day offered by M r Benj a Robinson in behalf of the upper 
Inhabitants, and by M r William Dangerfield in behalf of the lower 
Inhabitants of the said County, and having also taken into Con- 
sideration the Commiss" whereby the Justices are impowered to 
hold Court It is the unanimous opinion of this Board that the 
said Justices have not any power to change the place for holding 
Court without the previous licence and autority of the Govern- 
ment, and it is ordered that this be forthwith notified to the 
Court of the said County of Essex. 

The pet" of Henry Cary praying to be allowed a Salary as 
Gunner is rejected, but forasmuch as it appears to this Board 
that the said Cary hath perform'd the service of firing the great 
Guns on his Mat les accession day, and at the funeral of the late 
Governor, It is Ordered that he be paid for the same forty shil- 
lings, and it is further Ordered that the Keeper of the Magazine 
at W m8 burgh for the time being be enjoin'd as part of the duty 
of his office to serve as Gunner at W ms burgh without any addi- 
tional allowance of Salary for the same. 

Whereas the Clerk of the Secretaries office hath prayed the 
directions of this board whether he ought to affix the seal to 
such patents as were sign'd by the late Governor, and could not 
be sealed before his death It is the opinion of this Board & ac- 
cordingly Ordered that the said patents be sealed the Governors 
signing and causing the same to be lodged in the Secretaries 
office being a sufficient warrant for that purpose. 

M r President acquainted the Council that divers applications 
have been made to him for the office of Keeper of the Magazine 
now vacant by the resignation of M r Henry Cary, and that he 
had upon the good character he had received of M r Samuel Cobbs, 



118 Executive Journals, Council of Colonial Virginia 

thought fit to appoint him Keeper of the said Magazine & 
Armorer, the Council approving of the said Cobbs as a fit person 
for the said office, it is ordered that he give security for the due 
discharge of that office, and that he take an Inventory of all the 
arms & Stores of war belonging to his Mat y , and therein particu- 
larly note in what condition the said Arms and Stores now are. 

A patent being offered to be sign'd for granting to David 
Bray Gent the land lately adjudged to him as forfeited from 
Dan 1 Hornby & Thomas Beal, It is Ordered that the said patent 
remain unsigned untill the next Court of Oyer & Terminer at 
which time the said Hornby and Beal are to attend, & make out 
their account of the Charges of their Improvements on the said 
land, to the end this Board may be enabled to determine how 
much the said Bray to pay them upon the signing his said 
patent. 

On the petition of Bowler Cocke Gent leave is granted him 
to include in one patent two several tracts of land of 400 acres 
each lying contiguous on Deep Creek in Henrico 

On the petition of W m Randolph & Rich d Randolph Gent 
leave is granted them to survey in one tract ten thousand acres 
of land beginning two miles below the lower fork of Appo- 
matuck River thence up the River on both sides thereof including 
that fork & up the second fork and on both sides the branches 
thereof to a Creek that falls into the said River on the N° side 
thereof to include the aforesaid quantity. 

October the 28 th 1726 

Present 

The President 

W m Byrd John Robinson 

Nath 1 Harrison John Carter 

Mann Page Rich d Fitzwilliam & 

Peter Beverley John Grymes Esq" 

The Receiver Gen 1 laid before this Board an acco* of furni- 
ture bought of M" Drysdale for the use of the Governor's house 
according to the directions of this Board, and the said acco' was 
allowed. 

Ordered that Thomas Crease be paid for his Service & 
labourers in assisting in putting in order the Gardens belonging 
to the Governor's house. 

The Acco' of contingent Charges, and an Acco* for sundry 
repairs about the Governor's house were severally examined & 
allowed. 

His Mat 1 " Receiver Gen 1 desiring directions for framing the 
Warrant for the Governor's Salary, It is Ord ed that the said 
Warrant be made payable to the President one moiety for him- 



Executive Journals, Council of Colonial Virginia 119 

self, and the other moiety for the use of the R* Hon ble the Earl 
of Orkney Governor Gen 1 of this Dominion 

Upon the application of the Officers of his Mat les Revenue, 
It is Ordered that they be impowered to make out a number 
of Rights not exceeding five hundred pounds Sterl value for the 
Conveniency of such persons as want the same for taking up 
his mat ies lands 

Whereas Henry Irby late of the parish of Westover in the 
County of Charles City hath been indicted of Felony, and upon 
his flying Justice is now outlawed, and whereas notwithstanding 
the proclamation issued heretofore for apprehending him, the 
said Irby continues to live in N° Carolina near the Confines of 
this Dominion and frequently comes into the same threatning 
the lives of divers of his Mat les Subjects, It is Ordered that a 
Proclamation issue promising a reward of £30 to any person 
or persons that shall apprehend and bring the said Irby to the 
publick Goal at Will ms burgh, and that a letter be sent to the 
Governor of N° Carolina desiring him to give orders for the said 
Irby's apprehension & delivery to the officers of this Govern- 
ment & promising the same reward for taking & bringing him 
hither. 

Ordered that a new Commission of the peace issue for Glo- 
cester County and that Dudley Digges and Peter Whiting Gent 
be appointed Justices therein. 

At a Council held November 2 d 1726 

Present 

The President 

Nath 1 Harrison John Robinson 

Mann Page John Carter 

Cole Digges Rich d Fitzwilliam & 

Peter Beverley John Grymes Esq" 

The following Warrants on the Rec r General to be paid out 
of his Mat' 09 Revenues were this day sign'd by the President 
in Council Viz' 

To M" Drysdale Executrix of the late Gov- 
ernor for his Salary to the 23 d of July last. . £ ,,483,, 11,, 2 

To the President for the rest of this l / 2 years 
Salary due to the Earl of Orkney & himself 

to y e 25 th Oct r last „516„ 8„10 

To the Gent of the Council y 2 years Salary 

ending the same time ,,175,, — „ — 

To the Judges & Off" of the Oyer & Terminer. „100„— „— 

To the Auditor Gen 1 y 2 years Sallary „ 50„ — „ — 



120 Executive Journals, Council of Colonial Virginia 

To the Sollicitor for the same time ,, 50„ — „ — 

To the Attorney Gen 1 for the same ,, 20„ — „ — 

To the Clerk of the Council for the same „ 50,, — „ — 

To the Armourer for the like Sallary „ 6,, — „ — 

To Rich d Price for the Gunners Sallary this 

% year „ 20„— „— 

To the same for sundry Min rs attending on Gen 1 

Court and Assembly „ 16„ — „ — 

To the same for sundry repairs about the Gov- 
ernor's House . „ 7,,12„ 2 
To the same for sundry Contingent Charges . . „ 85„ 4„ — 

And out of the Quitt Rents 

To M r Com ry Blair y 2 years Sallary „ 50„ — „ — 

To the Attorney Gen 1 for the same time „ 30„ — „ — 

The acco* of his Mat 1 " 9 Revenue of 2s per hh d &c ending the 
25th of Oct 1 " last being examined by the Deputy Auditor were 
sworn to by the Receiver Gen 1 & Certified by the President in 
the usual form. 

Sundry patents for land were sign'd by the President in 
Council. 

Several Petitions for land were read and granted as follows. 

To John Boiling 3000 acres beginning at the mouth of the 
Horse pen branch upon Flatt Creek in prince George's County. 

To Larking Chew. Thomas Chew, John Chew, Rob* Martin, 
Larkin Chew Jun r , Wil m Johnson Rob* King & Geo Goodloe 
12,000 acres lying in Hannover County, and on the west side 
the little mountains joining on the land of George Holmes. 

To Thomas Lockett 800 acres joining on the land he now 
lives on being 100 acres he had of Arthur Moseley on Butterwood 
in Henrico County. 

To Thomas Lewis 500 acres lying on the branches of Ric 
W mBS mill swamp in Isle Wight County 

To Thomas Chew 1600 acres above the little mountains in 
Spotsylvania County. 

To John Mitchell 1500 acres lying on the North side of 
Nottoway River in Surry County, including the said Mitchells 
plantation upon the said River & the wast land adjoining. 

Coll" Will m Cole hath leave granted him to include in one 
patent 2000 acres purchased of John Woodson & 2000 acres 
thereto adjoining on the Byrd Henrico County. 

To Henry Maynard 1000 acres adjoining to his land pur- 
chased of Bressy on Chamberlayne's bed P George County. 

To Sam 1 Cobbs 3000 acres lying upon the branches of Nibbs 
and Flatt Creek in Prince George County 

To Lazarus Whitehead 600 acres in Isle Wight County on 
Rice Will m8 '' Mill Swamp beginning at the mouth of Reedy 
branch, & so up the Swamp to include the said quantity 



Executive Journals, Council of Colonial Virginia 121 

To Stephen Evans 1500 acres joining to his patented land 
on Stonie Creek in Prince George County. 

To William Bass 2000 acres lying on the South side of Appo- 
matuck in prince George County beginning about half a mile 
below the mouth of Kirks branch. 

To Barth Cox 2000 acres on Mahock Creek in Henrico 
County beginning on the land of Jacob Michaux. 

Whereas divers murders have been lately committed on the 
Frontiers of this Colony wherein the Nottoway Indians are 
greatly suspected to have been the actors and the said Indians 
by their late behaviour rendring it highly necessary that a 
strict watch be kept on their motions to prevent the like mis- 
chiefs for the future this board have therefore thought fit to 
order that none of the said Indians do hereafter depart out of 
the bounds of the lands appropriated for them without a pass 
from Nathan 1 Harrison Esq 1 " who is hereby impowered to grant 
such passes from time to time to such number and with such 
limitation of time and place as he shall judge fit, and he is 
hereby further authorized & impowered to appoint a proper person 
to repair once a week or so often as as shall be thought con- 
venient to the Nottoway Town, & there examine whether any 
of the said Indians be absent from thence without such pass 
as is herein before directed, and also to enquire whither the 
said Indians are gone, & if those that have passes do keep within 
the bounds prescribed therein ; of all which the person so ap- 
pointed is to make a true report to the end that if any murders 
shall be hereafter committed by any of that nation, the same 
may be the better detected & punished. 

At a Council held at W ms burgh the 14 th day of 
December 1726 

Present 

The Hon ble Robert Carter Esq r President 

Will m Byrd Jn° Robinson 

Mann Page Rich" Fitzwilliam & 

Peter Beverley Jno° Grymes Esq" 

Thomas Beal & Dan 1 Hornby having according to the Order 
of this Board presented their several acco ts of disbursements in 
seating the lands lately found forfeited by them & granted to 
David Bray Gent the same is referred to be examined tomorrow. 

On reading at this board the pet" of Mary Gresham widow 
of Charles Gresham late of the County of Essex deceased pray- 
ing a Grant of 100 acres of land lying in the said County which 
upon a Warrant sued out by the pet" husband in his life time 
is lately found to escheat to his Mat y , and on hearing the pre- 
tensions of Edm d Bagg Gent Devisee and Exe r of John Bagg 



122 Executive Journals, Council of Colonial Virginia 

Clerk deceased in whose behalf the said Warrant of Escheat was, 
as the said Bagg alledges, prosecuted, and the fees and charges 
thereof paid by the said John Bagg the Testator, & by the said 
Edm d since his decease. This Board taking the whole matter 
into Consideration, and it not appearing that the said Escheat 
was prosecuted in trust for the said John Bagg deceased the 
President with the advice of the Council was pleased to order 
that a Grant of the said land (being now found to contain 75 
acres) be granted to the pet r Mary Gresham, she paying unto the 
said Edm d 500 pounds of Tobacco for the survey of the said 
land and 4 £ 10S being so much laid out by him for purchasing 
the Right of Dower of the widow of W m M c Kenzie from whom 
the said land is found to escheat and also paying the Composi- 
tion due to his Mat y . 

On the petition of John Holloway Esq r liberty is hereby 
granted him to enter for survey and patent 5000 acres of land 
in the County of Henrico formerly entred for by Will™ Dandridge 
Gent and by him never survey'd pursuant to the orders of the 
Government the said land being bounded & described as fol- 
lows Vizt 1500 acres thereof on the first low grounds above 
Skelton's land, 1500 acres on the next large low grounds above 
them both these tracts on the North side the south River, and 
two thousand acres the residue on the north side the North 
River taking its length under the mountains & breadth down- 
wards for the Complement and the Surveyor of the said County 
of Henrico is hereby directed to lay off the said several Tracts 
observing the former Orders of Government in proportioning the 
length to the breadth 

On the petition of Anne Major widow praying leave to 
examine ancient witnesses for proving her right to a certain 
tract of land lately found to escheat to his Mat 7 from Mark 
Warkman deceased, It is accordingly Ordered that leave be 
granted the pet r to take the affidavits of such witnesses as she 
shall think proper before any Justice of the peace of the Coun- 
ties wherein they respectively reside, giving notice of the time 
of such examination to John Meux Gent the person who prose- 
cutes the said Escheat ; and the Justices before whom the said 
witnesses shall be brought are hereby directed to take their exami- 
nations and to certify the same to this Board, And it is further 
ordered that as well the said pet r as the said John Meux be 
heard before this Board at the next Court of Oyer and Terminer, 
and in the mean time that no patent be granted upon the In- 
quisition now return'd into the Secretaries office for the land 
aforesaid. 

Sundry petitions for taking up wast land were this day read 
and granted under this restriction that the same be severally laid 
out in such proportion of length & breadth as is directed to be 
observed by the former Orders of Government which pet" and 
grants are as follow. 



Executive Journals, Council of Colonial Virginia 123 

To John Tabb 2500 acres joining on his patented land in 
Prince George County. 

To Henry Power W m Kenney & Will m Morris 5000 acres 
in Hannover County beginning on Col° Thomson's line on the 
south side the S° fork of Camp Creek and up the said Creek 
as far as convenient & crossing the said fork to the main or 
Sycamore fork of Camp Creek, and over the said fork to Bunches 
Camp Creek & to join on the land of Cap* Hudson, Jn° Bunch 
Coll Meriwether Cap* Clark and the said Thompson. 

To Thomas Randolph 1200 acres on both sides the north 
branch of James River in Henrico County beginning at the 
broken Islands & running down the River two miles to dog- 
point including the said point in his Survey. 

To Peter King 1600 acres on both sides the S° Anna River 
below the mouth of Deep Creek Hannover County. 

To Charles Hudson 1000 acres in Hannover County begin- 
ning at the mountain path, & running down on both sides Rocky 
Creek to the River S° Anna & cross the same, and including so 
much land on the north side y r of [thereof] as will make up that 
quantity. 

To Dennett Abney Jun r Rich d Hickman & Edwin Hickman 
20000 acres on the N° side of the north fork of James River, & 
on the S° side of the lower mountains in the County of Henrico. 

To James Skelton 400 acres in Henrico County adjoining 
to a tract of 1200 formerly granted him by patent and lying on 
the north side of the S° branch, of James River, and to have 
an inclusive patent for the whole; leave is also granted him to 
survey 400 acres lying in the same County & adjoining to his 
patented lands on the second fork of the said S° branch of James 
River and to include that and his said patented lands there in 
one other patent. 

To Thomas Carr 2000 acres adjoining to his former Grant 
of 2500 acres on little Rocky Creek on the S° side the N° Anna 
in Hannover County & to have an inclusive patent for both 
Tracts. 

To Christopher Clark 2000 acres lying on both sides the 
S° Anna above Deep Creek in Hannover County 

To Rich" Williams 900 acres beginning at the upper end 
of his former survey, & running down his Mill Swamp to the 
Mill to include the said quantity in Nansemond County. 

To Rich 11 Fitzwilliam, Will™ Robertson & Larking Chew 
8000 acres lying on the branches of Pamunkey River, & begin- 
ning on a Survey of M r Aug' Moor's in Spotsylvania County 

To Thomas Randolph 10000 acres in two tracts one consist- 
ing of 6000 acres lying on the great low grounds of Willis's 
Creek, the other which consists of 4000 on the great fork of 
Willis's Creek at Cannons upper horsepen in Henrico County. 

To Matthew Cox 1200 acres lying on the S° side of Ja" 
River against Boiling's Island in Henrico County. 



124 Executive Journals, Council of Colonial Virginia 

To Will" 1 Dandridge & John Holloway 12000 acres in Hen- 
rico County lying below Maj r Thomas Randolph's land which 
joins on an Entry formerly made by M r Dandridge and running 
along the N° River for length and on the mountain for breadth. 

To Will" 1 Dandridge 3000 acres beginning on the back of and 
adjoining to the land formerly survey'd by him on the N° side 
of the north River along the mountains in Henrico County 

On the petition of Thomas Randolph setting forth that about 
two years ago he entred with the Surveyor of Henrico County 
for 2400 acres of land on the great fork of the north branch of 
James River & on both sides that fork in six several Entries, 
and being now minded to survey the same as soon as the Sur- 
veyor can be ready to go out with him, and praying leave to 
include the said six Entries in two distinct Surveys & that 
patents for the same may be granted him, Leave is accordingly 
granted him to include the said six Entries in two distinct Sur- 
veys, & to take out patents for the same. 

Ordered that the matter in dispute between Benj" Waggoner 
and the Exe" of Will 1 " Winston deceased be referred till the 
next Council. 

Sundry patents for land were this day sign'd by the Presi- 
dent in Council. 

The petition of Francis Willis ag' Nicholas Meriwether Gent, 
the pet r not prosecuting the same, Ordered that M r Meriwether 
have a patent for the land therein mentioned. 

Ordered that new Commissions of the peace issue for Lan- 
caster & Hannover Counties. 

December the 15 ,h 1726 

Present 

The President 

Will™ Byrd Peter Beverley 

Mann Page Jn° Robinson & 

John Grymes Esq rs 

This Board taking into Consideration the acco" exhibited by 
Thomas Beal the elder & Daniel Hornby of the Charges ex- 
pended by them for seating the land lately petitioned for and 
granted to David Bray Gent together with the buildings erected 
& other improvements made thereon and having thereupon valued 
the said buildings & Improvements, It is Ordered that the said 
Bray pay them for the same or so much thereof as shall be de- 
livered into his possession according to the respective rates now 
set thereon by this Board in pursuance of the former order 
made the 15 th of June last 

On the motion of the said Beal and Hornby that a time 
may be appointed for their delivering possession of the premises, 



Executive Journals, Council of Colonial Virginia 125 

and for payment of the money awarded them It is agreed that 
a time be appointed accordingly 

WilP Byrd Esq r Absent 

Ordered that the first Wednesday in Feb ry next be appointed 
for receiving the Improvements & payment of the money awarded 
the aforenamed Beal & Hornby and that if M r Bray or some 
person in his behalf do not then attend to take possession, that 
then the buildings & Improvements afores" shall from thence- 
forth remain at his risque, and the said Beal & Hornby shall 
no longer be answerable for any accident that may happen 
thereto. 

Rich d Fitzwilliam Esq r present 

A petition of James Taylor Surveyor of the County of Spot- 
sylvania setting forth that the dividing line between that County 
and Hannover is very much confused by the cutting down of the 
trees which were mark'd by the pet r when he run the said lino 
& praying the directions of this Board therein is referred till 
next Council. 

A petition of W m Parks printer & Stationer praying he may 
have a privilege to print the laws of this Colony, read & re- 
ferred till next Council. 

At a Council held at W ms burgh the 1 st day 
of February 1726 

Present 

The Hon ble Robert Carter Esq r President 

Will m Byrd Peter Beverley 

Mann Page John Carter & 

Cole Digges John Grymes Esq" 

Ordered that the General Assembly w ch now stands pro- 
rogued to the 15 th of this month be further prorogued to Thurs- 
day the 11 th day of May next, and that proclamations issue ac- 
cordingly. 

The President laid before the Council a letter from his 
Grace the Duke of New-Castle his Mat ies principal Secretary 
of State dated the 12 th day of Sept r last signifying his Mat' e " 
approbation of the Presidents taking upon him y e administration 
of this Government on the death of the late Gov' & the suspen- 
sion of Edmund Jenings Esq r which letter was read at the 
board. 

On reading at this Board a letter from his Excell CT Will m 
Burnet Esq r Governor of New York together with a transcript 
of the late Conference between him and the Sachims of the 
five nations touching a Complaint made from hence of a murder 



126 Executive Journals, Council of Colonial Virginia 

committed by some of their nation on one of the Inhabitants of 
this Colony last summer, at which Conference the said Sachims 
acknowledged that the said murder was committed by some of 
their people in conjunction with some French Indians and Tusca- 
ruroes, who they pretend were in pursuit of certain Indian 
enemies who fled towards the house of the person murthered, 
and that thereupon their Indians in firing killed the said person 
by mistake, and hop'd that this Government would excuse it 
The Council taking the same into Consideration are of opinion 
that the Treaty of peace made with the said Northern Indians 
will be rendred altogether ineffectual if such excuses as this shall 
be accepted for the murder of his Mat' 68 subjects, since these 
Indians may always find the like pretence for coming into this 
Government contrary to the express words of the Treaty and 
that therefore it is fit that the Governor of New York be de- 
sired to interpese [interpose] his authority with the said Indians 
for obliging them to deliver up the person or persons guilty of the 
said murder in order to be punished as the Crime deserves, and 
it is ordered that a letter be prepared accordingly. 

Whereas the Ship Tayloe of Bristol John Herd Master bound 
for this Colony was in December last drove ashore in North- 
Carolina and the said Master with divers of the mariners not 
heard of whereupon those of the Crew who escaped the said 
shipwreck have been taken up on suspicion of murthering the 
said Master, It is ordered that the several persons who were 
present at the examination of the Boatswain & Carpenter of the 
said Ship at York Town be summoned to attend this board to- 
morrow to testify their knowledge in the matter aforesaid. 

February the 2 d 1726 
Present 

As Yesterday 

A Letter from Nathan 1 Harrison Esq r to the Presid* was this 
day read at the Board signifying that the Saponie Indians had 
complain'd to him that a party of their Indians being lately hunt- 
ing on Roanoke River were attacked in the night by the Tuscaruro 
Indians who live in the province of North-Carolina, and seven 
of the said Saponie kill'd or taken prisoners and that the Saponies 
desire the same satisfaction to be made to them as this Govern- 
ment obliged them to make to the Tuscaruroes on the like occa- 
sion by delivering up the murtherers. 

It is the opinion of this Board that a letter be written to 
the Governor of N° Carolina requesting him to cause the desired 
satisfaction to be given to the Saponie Indians our Tributaries, 
and that he order his Interpreter to accompany to the Tuscaruro 
Town the messenger sent by this Government to demand the de- 
livery of the Indians concerned in this murder, and Coll Harrison 
is desired to employ a proper person to go on this message. 



Executive Journals, Council of Colonial Virginia 127 

New Commissions of the peace for the Counties of West- 
moreland & Charles City were this day ordered to be made out 
pursuant to the application of the Justices of the said Counties. 

This Board having examined divers witnesses touching the 
Piracy & murder wherewith the Mate & others of the Crew of 
the ship Tayloe of Bristol have been accused, and having 
considered the pretended evidence given to the Court of Rich- 
mond County with the examination of Jesper Parsons the 
Mate there taken are of opinion that the Commitment of 
the said Jesper Parsons by the Justices of the Court of Rich- 
mond is illegal and void, since the Crime for which he stands 
committed, if it had been proved, is not tryable at Common 
law, but by the Com" appointed for tryal of Piracy, and 
there appearing no evidence to charge the said Mate or any 
other of the Crew with piracy or other offence, It is ordered 
that the said Jesper Parsons be discharged out of custody, but 
whereas divers pieces of plate and other things of small value 
were found upon some of the said crew, and own'd by them to 
have been taken out of the said Ship for their necessary sub- 
sistence in their journey over land to this Colony, It is ordered 
that the same remain in the hands of the under Sheriff of York 
County untill further directions from this Board, to the end the 
persons claiming a property in the same may have time to make 
out their right. 

On the petition of William Robertson setting forth that 
John Baylor late of the County of King & Queen deceased some- 
time about the year 1709 surveyed 1500 acres of land in the said 
County adjoining to a tract entred for by Richard Buckner & 
Larkin Chew Gent and afterwards purchased out of their Entry 
3000 acres more, but never sued out any patent for the same, 
& praying that he may have leave to enter for the said Lands, 
It is Ordered that Robert Baylor & Aug ,n Moor Gent Guardians 
to the son and heir of the said John Baylor deceased have notice 
to attend this Board at the next Court of Oyer & Terminer to 
show cause why the pet r ought not to be admitted to an Entry 
for the said lands. 

David Bray Gent by his petition setting forth divers undue 
practices of Dan 1 Hornby & Thomas Beale to deceive this Board 
in the valuation of the improvements pretended to be made on 
the land taken up by them in Spotsylvania County, and since 
granted to the said Bray, and praying relief therein, It is 
ordered that the said Hornby and Beale do attend this Board 
on the sixth day of the next Gen 1 Court, till which time the 
Consideration of the s d petition is referred. 

The following petitions for taking up land were read & 
granted Viz* 



128 Executive Journals, Council of Colonial Virginia 

To Charles Chiswell 4000 acres in Hannover County on the 
S° side the north River opposite to Duglasses run, & running 
up and down the river to include that quantity. 

To George Robertson Clk 1500 acres in Prince George County 
adjoining to a former survey of his consisting of 600 acres on 
Flatt Creek. 

To Will m Mayo 10000 acres extending from Dan 1 Thomas's 
line to Deep Creek on James River including the former order 
for three thousand acres in Henrico County. 

At a Council held at W m8 burgh the 1 st 
day of March 1726/7 

Present 

The Hon ble Robert Carter Esq r President 

Mann Page Peter Beverley 

Cole Digges John Carter & 

John Grymes Esq" 

M r Christopher Robinson Naval Officer of Rapp* River 
being lately dead, the President was pleased to inform the board 
that he intended to appoint Robert Carter Jun r to succeed in 
that office, if the Council have no objection to him, and the 
Council declaring they have no objection to that appointment 
the said Robert Carter Jun r is accordingly constituted Naval 
Officer and Receiver of the Virginia Duties within the s d dis- 
trict. 

Oliver Seager Gent is appointed Sheriff of the County of 
Middlesex in the room of Christopher Robinson Gent lately de- 
ceased. 

A new Commission of the peace for the County of Middle- 
sex with the addition of sundry new Justices was this day Or- 
dered to be prepared for the Presidents signing. 

Hilary Moseley Gent was nominated Sheriff of Princess Anne 
County in the room of Willoughby Merchant who hath made 
oath of his incapacity to find security for his discharge of that 
office 

His Mat"* 9 Receiver Gen 1 communicated to the Board a War- 
rant under his Majesties Sign Manual dated the 18 th of April 
1726 directing the payment of £5512 out of the Revenue of 
Quitt Rents to Peter Leheup Gent, and he also produced a 
Receipt whereby it appears that the said sum was paid accord- 
ingly on the 11 th of Novem r last past. 

A Letter from the Right Hon ble the Lords Com" of Trade 
dated the 26 th of October acknowledging the receipt of the Presi- 
dent's letter on occasion of the late Governors death was read 
at the Board. 



Executive Journals, Council of Colonial Virginia 129 

At a Council held at Williamsburgh 
the 21 3t of April 1727 

Present 

The Hon ble Robert Carter Esq r President 

William Byrd Cole Digges 

Nathan 1 Harrison Peter Beverley & 

Rich d Fitzwilliam Esq rs 

It is the opinion of this Board & accordingly ordered that 
the General Assembly (which now stands prorogued to the 11 th 
day of May) be further prorogued to Wednesday the 6 th day of 
Sep r next, and a proclamation was prepared accordingly. 

Whereas the Inhabitants of this Colony have for divers 
months past been visited with a violent sickness & very great 
mortality, and considering that such publick Calamitys require 
solemn humiliation and intercession with almighty God, the Presi- 
dent with the advice of the Council was pleased to order as it 
is hereby ordered that Wednesday the 10 th day of May next be 
set apart & kept as a day of solemn fasting & humiliation 
throughout this Colony, & that a proclamation issue accordingly. 

The President in Council was pleased to nominate & appoint 
the following persons to be Sheriffs of the several Counties for 
the ensueing year. 

Henrico John Radford 

P. George W m Harrison 

Surry Howel Edmunds 

Isle Wight Hardy Council 

Nansemond ,.. . Dan 1 Pugh 

Norfolk John Hare 

Pr 3 Anne Tho s Haynes 

Eliz a City Anth Armistead 

Warwick W m Cole 

York Graves Packe 

Ja s City Rob' Goodrich 

Cha s City Fran Hardyman 

Hannover W m Fleming 

New Kent Jn° Sclater 

King Will m Jn° Butts 

King & Queen ' Jn° Leegh 

Glocester Francis Willis 

Middlesex Oliv. Seager 

Essex Thomas Waring 

Spotsylvania Goodrich Lightfoot 

King George Jo 9 Strother 

Richmond Jo s Belfield 

Lancaster James Ball 

Northumberl d Jn° Shopleigh 



130 Executive Journals, Council of Colonial Virginia 

Westmorl d Aug 1 Washington 

Stafford 

Accomack Jn° Kendall 

Northampton Ralph Pigot 

Present Mann Page & John Carter Esq" 

On reading at this Board a letter from Alured Popple Esq r 
Secretary to the Right Hon ble the Lords Com" for trade bearing 
date the 2 d of November 1726 and inclosing a state of the Case 
of the ship John & Betty of Bristol which imported into this 
Colony a quantity of Rum for which the duty of 4 d per Gallon 
was demanded & taken by Christopher Robinson late Naval 
Officer of Rappahanock River together with the opinion of S r 
Philip York his Mat"" 8 Attorney Gen 1 on the said Case, It ap- 
pearing to this Board that by reason of some disputes arising be- 
tween the Importers of the said Rum and the said late Naval 
Officer, the money received for the duties thereof was never 
paid over to the Treasurer of the said Duties but retain'd by 
the said Naval Officer untill he should be secured against the 
prosecution with which he was threatned by the Importers of 
the said liquors, This Board are therefore of opinion that al- 
though it appears by the Custom house books that the said Ship 
John & Betty was not entred at the Custom-House in Rapp a 
untill the 15"' day of June, (which is four days after the duty 
aforesaid commenced) yet if they can make due proof that the 
Ship was within the District of Rappahannock on or before the 
10 th day of June as is suggested in the State of their case, This 
Board will give directions to the Exc" of the said Naval to re- 
turn the money paid for the duty of the afores d liquors, and in 
case of their refusal will give all necessary assistance for the 
recovery thereof. 

On reading this day at the Board a representation from 
divers of the Justices of Essex County complaining of the great 
delays in the administration of Justice in that County by the 
neglect of several of the persons nominated in the Commission 
of the peace to attend the Courts, & on hearing John Lomax 
Gent one of the Justices complain'd of, It appears to this Board 
that the obstructions which have happened in the administration 
of Justice in the said County have been principally occasioned 
through the heats and animosities arisen among the said Jus- 
tices of the peace touching the place of holding Court since the 
time their late Court-house was burnt, for remedying whereof 
for the future It is this day Resolved & Ordered that a new 
Commiss" of the peace be made out for the said County, & that 
the Gentlemen recommended by the Court together with others 
nominated by this Board being the principal Inhabitants of the 
s d County be put to the s d Commission as Justices of the said 
County & that every of them be personally summoned by the 






Executive Journals, Council of Colonial Virginia 131 

Sheriff to meet at the place where the Court is now held on the 
next Court day appointed by law for the said County and that 
they or the major part of them who shall then appear and take 
the Oaths as Justices of the peace do proceed to appoint a fit 
place as near as conveniently may be to the Center of their 
County for holding the Courts hereafter until further provision 
be made by law therein, or that by the common consent of the 
said Justices or the major part of them so sworn such place be 
agreed upon and approv'd of by the Governor or Com dr in Chief 
of this Dominion for the time being as may be for the Gen 1 
ease & conveniency of the Inhabitants of the s d County 

April the 25 th 1727 

Present 

The Hon ble the President 

Will™ Byrd Peter Beverley 

Nath 1 Harrison Jn° Robinson 

Mann Page Jn° Carter 

Cole Digges Rich d Fitzwilliam & 

Jn° Grymes Esq" 

On the application of Will™ Fantleroy Gent & oath made 
that he sent some plate by Capt Herd of the Ship Taylor of 
Bristol to be changed and made into other kinds of plate and 
finds by Cap* Herd's books that it was changed and marked 
with the initial letters of his name, & it appearing that the 
broken plate found on the Tayloe's Sailors was so mark'd, It is 
ordered that the same be delivered to him on his Order 

April 26 th 1727 

Present 

The President 

William Byrd Peter Beverley 

Nathan 1 Harrison Jn° Robinson 

Mann Page Jn° Carter & 

Cole Digges Jn° Grymes Esq" 

On hearing this day the matter on the petition of David 
Bray Gent against Dan 1 Hornby & Thomas Beale the Council 
having examined the allegations of the pet" and heard the several 
parties and it appearing to the Board thaf the said Beale & 
Hornby had at the last hearing concealed the advantages they 
made of the land in controversy, and had deceived the Board 
in some other particulars of their pretended Improvements, It 
is now ordered that there be paid to the said Hornby in full for 
his improvements and seating as given in to this Board the sum 



132 Executive Journals, Council of Colonial Virginia 

of £41„7,,6 And to the said Thomas Beale in full of his demand 
the sum of £48,, 15, ,6 Cur' money and no more. And whereas 
the said Thomas Beale & Dan 1 Hornby have their Slaves on 
the land, and have prepared for making a Crop, It is ordered 
that they continue there till the finishing the said Crop ; and that 
the plantations and Improvements be delivered in the like good 
order as contained in their Estimate, to the pet r or his order on 
the 20 th of Novem r next, and that the money aforesaid be paid 
by the said, Bray within eight days thereafter to the said Beale 
and Hornby or their order in Williamsburg, and upon such pay- 
ment M r Bray is to have a patent for the said land, but in Case 
he refuses to pay the said several sums, then the said land shall 
be granted to any other that will pay the money hereby directed 
to be paid for the Improvements made thereon 

The great men of the Saponie Indians this day attending the 
President in Council made complaint that whilst some of their 
people were ahunting on Roanoke River last winter they were 
surprized in the night by a party of Tuscaruroes living within 
the Province of N° Carolina who killed four and carryed off 
prisoners three of their nation, they said that they had always 
continued faithful to the English, and had hitherto declin'd taking 
their revenge of the Tuscaruroes least they should thereby dis- 
oblige this Government, and hoped that as they had been made to 
give satisfaction to the Tuscaruroes by deliverying up one of their 
nation who killed a Tuscaruro some time ago, the Tuscaruro's 
should now be obliged to give the like satisfaction to them : 
Thereupon the Presid' caused to be interpreted unto them the 
letter he wrote last February upon their Complaint made to Coll° 
Harrison concerning this injury done them by the Tuscaruro's 
wherein he had insisted upon the satisfaction they now proposed ; 
and also the letter he received from the Governor of North- 
Carolina in answer thereto together with the answer made by 
Blount the Chief man of the Tuscaruroes to the Governor & 
Council of N° Carolina the 4 th day of this month wherein Blount 
denies that any of the Tuscaruro's belonging to his town were 
concerned in the murder of the Saponies whereof they complain, 
but that it was committed by the Tuscaruroes now living under 
the protection of the five nations ; and that he was sure if those 
Indians were tax'd with it they would not deny it. To which 
the great men of the Saponies answered that these were but ex- 
cuses framed by Blount for that they had good proof that the 
Indians of his town and none other committed this murder; that 
the Saponies who escaped had followed the tract of the party 
that attcked them two days march towards Blounts town, that 
an Indian Slave then at the said town had seen one of the 
Saponie prisoners brought thither & put to death, and that they 
can make appear by several of the English Inhabitants on 
Roanoke that the same Tuscaruroes were seen about that time 



Executive Journals, Council of Colonial Virginia 133 

with divers scalps which they were carrying home to their town, 
and which could be none other but those of the Saponies, and 
prayed that if this Government could not obtain from them the 
satisfaction they desired, they may have liberty with the assist- 
ance of the Indians their Confederates to take their revenge in 
their own way 

The Council taking into Consideration what hath been now 
offered by the Saponie Indians, It is Resolved by this Board 
that no further application be made to the Governor of N° Caro- 
lina, since he has acknowledged that the Tuscaruroes are not 
Tributaries to his Government and that it appears he has very 
little authority over them ; but that since Blount their chief man 
at his late Conference with the Governor of N° Carolina de- 
clared in the presence of Rich d Fitzwilliam Esq r one of the mem- 
bers of this Board that he should have been ready upon a mes- 
sage from this Government to have come in & justified himself 
& his nation from what is charged on them by the Saponies a 
messenger be dispatched to the said Blount requiring him and 
his great men to attend at this Board on the second Tuesday 
in June next, in order to the examinaion of the truth of what 
is alledged against his Indians by the Saponies, and the great 
men of the Saponie Indians are also ordered to attend at the 
same time to make out their Charge ; and it was further declared 
to the Saponies that in case Blount shall not come, in upon this 
message, or if upon his coming in he shall not sufficiently clear 
his Indians from the fact whereof they are accused, the Saponies 
shall then be at liberty to commit what hostilities they think 
fit upon the said Tuscaruroes wherein this Government will not 
interpose to restrain them, provided they forbear doing any injury 
to the English Inhabitants on that Frontier. 

Whereas the great men of the Saponie Indians have this day 
made Complaint to the board that one John Prowse of Hannover 
County being sometime ago at a horse-race on Maherine River 
where a Saponie Indian was present & very much in drink, the 
said Prowse as the Indian lay asleep set fire to his Cloathes 
whereby the said Indian was so grievously scorched and burnt 
that in a few days thereafter he died, it is ordered that a procla- 
mation issue for apprehending the said Prowse, and conveying 
him to the publick Goal at Williamsburgh in order to his tryal 
for the death of the said Indian, and that a reward of £10 be 
promised for apprehending & bringing him to the publick Goal. 

Complaint being this day made by the Saponie Indians that 
one Martin Lyon frequently brings Rum into their town, and 
sells the same to their young men whereby great disorders are 
committed among them, It is ordered that the said Martin Lyon 
do attend this board on the second Tuesday in June next to 
answer the said Complaint, and that the Sheriff of Prince George 
County serve him with this Order. 



134 Executive Journals, Council of Colonial Virginia 

May the 2 d 1727 

Present 

The President 

Will" 1 Byrd Peter Beverley 

Nath 1 Harrison Jn° Robinson 

Mann Page Jn° Carter 

Cole Digges Rich d Fitzwilliam & 

Jn° Grymes Esq" 

New Commissions of the peace for the Counties of Stafford, 
Northumberland, Spotsylvania, Hannover & James City were this 
day ordered in Council, and several persons appointed to be 
Justices in the room of those lately deceased 

The following Sheriffs were this day nominated in Council 
in the room of those who have desired to be excused from that 
office Viz'. For 

Glocester Peter Whiting 

Warwick Jn° Langhorn 

Edwin Thacker Gent is appointed one of the Coroners of 
Middlesex County 

Whereas the Justices of Stafford County have neglected the 
recommendation of Sherrifts for the ensueing year & the person 
now in that office refusing to serve any longer, the President is 
desired to grant a Commission to such Justices of the said County 
as shall be willing to serve in the said office, and if none will 
voluntarily accept the same that he appoint such person as he 
shall think fit (being in the Commission of the peace for that 
County) to be Sheriff for the ensueing year. 

On the petition of Richard Pearson late Master of the Ship 
Fortune of Whitehaven setting forth that in the year 1724 he 
came into this Colony & entred the said Ship in the District of 
S° Potomack where after he had purchased and taken on board 
a considerable part of her lading of Tobacco, the said Ship & 
lading was unfortunately burnt in the said District, that notwith- 
standing thereof the Naval Officer of the said District hath now 
demanded of him the Port duties & other Charges which would 
have been payable if the said Ship had been Cleared & praying 
relief therein, It is the opinion of this Board & accordingly Or- 
dered that in Consideration of the great loss the pet r sustained 
by the burning of the ship, the duty of Tunnage be remitted him, 
and that the Naval Officer do not demand the same. 

The Acco' of contingent Charges from the 25"' of Oct r last 
together with the expence of keeping in repair the Governor's 
house were this day examined & allowed in Council. 

Ordered that Henry Cary and John Tyler Gent be appointed 
to view the Governor's house, & report what reparations are 



Executive Journals, Council of Colonial Virginia 135 

necessary therein, & the Charge thereof, and that the same be 
forwith set about ; and It is further ordered that the great dining 
room and parlor thereto adjoining be new painted, the one of 
Pearl colour the other of Cream colour; that the window frames 
outer doors and eves be also new painted, that the pasture fence 
be put in repair, and that labourers be hired to assist the Gardiner 
in putting the garden in good order. 

On the petition of Giles Cook setting forth that one George 
Parker late of the County of Essex deceased in the year 1720 
obtain'd an order of this Board for ten thousand acres of land in 
the fork of Rappahanock River in the County of Spotsylvania 
joining upon the Entry of Robert & Humphry Brooks, Augustin 
Smith and George Braxton Jun r , & sometime afterwards surveyed 
4000 acres thereof, but never sued out any patent for the same ; 
that the said George Parker is since dead, and Maj r W m Danger- 
field of Essex County now lays Claim to the said land or some 
part thereof, but without having yet sued out or obtained any 
patent for the same whereby the pet r conceives that the entry 
of the said Parker and the claim of the said W m Dangerfield 
under him are according to the orders of the Government be- 
come void, and praying that leave may be granted to him the pet 1 " 
to enter for, survey and take out a patent for the said land ; It 
is Ordered that unless the said Will™ Dangerfield being duly 
serv'd with a Copy of this order do appear before this Board at 
the next Court of Oyer & Terminer, and make out his pretensions 
to the said land and show Cause why he hath not hitherto sued 
out a Patent, the same be granted to the pet r . 

On the petition of Henry Willis Gent setting forth that about 
seven years ago there was surveyed for Richard Yarborough of 
King W m County 400 acres of land lying in the Fork of Rappa- 
hanock River in Spotsylvania County; that the said Richard Yar- 
borough nor any person for him hath hitherto sued out any 
patent for the said land, neither is the survey thereof returned 
into the Secretaries office, whereby the pet r conceives that the 
Entry & Survey of the said Yarborough is become void, and 
praying leave may be granted him the pet r to enter for, survey 
and take out a patent for the said land It is Ordered that unless 
the said Yarborough being duly served with a Copy of this Order, 
do appear before this Board at the next Court of Oyer & Ter- 
miner and make out his pretensions to the said land, and show 
cause why he hath not hitherto sued out a patent, the same be 
granted to the pet r . 

Whereas Henry Willis Gent did on the 16 th of June last 
past exhibit his petition to this Board praying leave to enter 
for ten thousand acres of land in Spotsylvania County surveyed 
about three years ago for Edmund Jenings Esq r W m Jenings & 
James Taylor, & no patent sued out for the same, and the said 
Edmund Jenings W m Jenings and James Taylor having had no- 



136 Executive Journals, Council of Colonial Virginia 

tice of the said petition and not appearing to make out their 
Claim to the said Tract of land. It is ordered that the said 
Henry Willis have leave to enter for and survey the said land, 
and that upon the return of such Survey a patent be granted 
him for the same upon his entring Rights for the quantity of 
land aforesaid. 

At a Council held at the Capital the 6 th 
day of May 1727 

Present 

The President 

Nathan 1 Harrison John Carter 

Peter Beverley Rich" Fitzwilliam & 

John Robinson Jn° Grymes Esq" 

Whereas Capt Vincent Pearse Commander of his Mat lcs 
ship Tartar is now bound out with divers merchant ships under 
his Convoy, and hath signified his readiness to give the like 
Convoy to such other Ships as shall join him upon his return, 
It is ordered that the Naval Officers do give notice to the Masters 
of Ships in their respective Districts that if they intend to take 
any benefit of this Convoy, they are to repair to the mouth of 
York River before the 10 th day of next month, which is the place 
appointed for their joining his Mat les said Ship and the said Naval 
Officers are further to signifie to such of the said Masters whose 
Ships cannot be ready by that time, that as this Board judgeth 
it highly necessary for the safety of the trade that the ships 
should go hence from time to time in Fleets, wherein they may 
not only be better provided for mutual defence, but have also 
the guard of his Majesties ship of war to protect them off this 
Coast, they may expect a further notification of the time when 
and the place where another Fleet is to be formed ; that so 
they may not run themselves into danger by going out singly, 
when by a short delay they may be secured from the danger of 
Privateers on this Coast. 

The following Warrants on the Receiver Gen 1 to be paid 
out of his Mat 1 " 8 Revenues were this day sign'd by the President 
in Council Viz 1 Out of the 2s per hh" &c 

To the President for the Earl of Orkney and 
himself y 2 years Sallary ending the 25 th of 
April £„1000„— „— 

To the Gent of the Council ^4 years Sallary 

ending the same time ,, 175,, — ., — 

To the Auditor Gen 1 of the plantat n ° j/ 2 years 

Sallary to the same time „ 50,, — „ — 



Executive Journals, Council of Colonial Virginia 137 

To the Sollic 1- of the Virginia affairs y 2 years 

Sallary to the same time „ 50,, — „ — 

To the Attorney Gen 1 for the like Sallary .... „ 20,, — „ — 

To the Clerk of the Council for the like Sal- 
lary _ „ 50„— „— 

To Will" 1 Prentis for y 2 years Sallary to the 

Gunners of the several Batteries „ 20„ — ,, — 

To the Armourer y 2 years Sallary „ 6„ — „ — 

To W m Prentis for sundry Min 18 attending 

this Gen 1 Court „ 6,, — ,, — 

To W m Prentis for sundry expresses and other 

contingent Charges „ 19„ 5„ 8^4 

To the same for sundry expences in repair- 
ing the Governor's House „ 45,, 5„ 5 l / 2 

And Out of the Quitt Rents 

To M r Com ry Blair y 2 years Salary £„ 50„— „— 

To the Attorney Gen 1 y 2 years additional 

Salary „ 30,, — ,, — 

John Robinson Esq' absent 

The acco ts of his Mat ics Revenues of Quitt Rents Port Du- 
ties and head money being examined by the Deputy Auditor 
were this day sworn to by the Rec r General & Certified by the 
President as usual 

Sundry patents for land were this day sign'd by the Presi- 
dent in Council. 

Whereas divers Caveats for stopping patents have been en- 
tred in the Secretaries office, and were this day laid before the 
President in Council, it is ordered that the several persons en- 
tring the said Caveats do attend this Board at the next Court of 
Oyer & Terminer, and that they notifie to the persons whose 
patents are desired to be stopped to attend at the same time, to 
the end this Board may proceed to determine the pretensions of 
the several parties 

The Commission of the peace for the County of James City 
which was ordered on the 21 st of last month not being yet 
issued, It is ordered that the several persons this day nominated 
at the Board be added to the Justices in the former Commis- 
sion, and that a new Commission issue accordingly. 

On reading at this Board the petition of James Taylor Sur- 
veyor of Spotsylvania setting forth that the dividing line be- 
tween the said County and that of Hannover which he run some 
years ago for his own satisfaction being for want of due assist- 
ance but slenderly mark'd out, is since by the new Settlements 
made thereon cut down in many places, and praying that for 
perpetuating the said boundary, & avoiding the confusion that 
must arise by interfering Entries with the respective Surveyors 



138 Executive Journals, Council of Colonial Virginia 

as well as the disputes which may happen touching the pay- 
ment of Levies, and other publick dues, this Board may give 
proper directions as they think fit for ascertaining the bounds 
between the said Counties, It is ordered that the Courts of the 
respective Counties of Hannover & Spotsylvania do appoint Com" 
for settling y e said dividing line, between the two counties, & to 
direct the Surveyors of the said Counties to mark out the same 
pursuant to the directions of the Act of Assembly, & to make 
report thereof to the respective County Courts to be entred of 
Record. 

At a Council held at the Capitol the 14 th 
day of June 1727 

Present 

The Hon ble Robert Carter Esq r President 
& Com dr in Chief 

William Byrd Peter Beverley 

Nathan 1 Harrison John Carter 

Mann Page Rich d Fitzwilliam & 

John Grymes Esq" 

Whereas by the publick prints as well as divers private let- 
ters lately received from Great Britain there is unquestionable 
intelligence that hostilities are already begun between his Ma ,y 
and the Crown of Spain, whereby there is great ground to appre- 
hend this Coast will soom be infested by Privateers from St 
Augustine and other parts of the Spanish dominions in America ; 
And whereas for the better security of the Trade of this Colony 
Cap' Vincent Pearse Commander of his Mat 1 " Ship the Tartar 
hath offered to convoy off this Coast from time to time all such 
ships as shall be ready to sail in Fleets: It is the opinion of 
this board that it is for the general safety of the Trade of this 
Colony that the Ships bound for great Britain wherein his Mat 1 " 
interest and the property of his subjects of Great Britain as well 
as of this Colony is greatly concerned, be not permitted to de- 
part this Colony w th out Convoy off this Coast where the greatest 
danger seems to be, and to that end that a general Embargo be 
laid on all Ships and Vessels outward bound untill the last day 
of this present month ; and the Naval Officers of the respective 
districts are to notify the same to the several Masters of Ships, 
and to clear no Ship or Vessel in the mean time untill the Master 
shall have entred into Bond according to law not to depart this 
Colony before the said last day of June ; and also that he will 
on or before that time join the said Convoy at the mouth of York 
River, or such other place as Capt Pearse shall notify for the 
Rendezvous of the Fleet: And that from and after the said last 
day of this present month of June the like Embargo be con ,d 



Executive Journals, Council of Colonial Virginia 139 

on all Ships and Vessels not then Cleared, untill the 25 th of July, 
of which the Naval Officers are to give the like notice to the 
Masters of Ships & Vessels in their respective Districts, and to 
observe the order above prescribed in taking Bond not to de- 
part during the said Embargo, and for joining the Convoy as 
aforesaid. And it is further Ordered that notice hereof be sent 
to the Government of Maryland, to the end the Masters of Ships 
in that Province may take the benefit of the intended Convoy 
if they think fit. 

After long hearing the matter in dispute between the Saponie 
Indians and the Tuscaruros touching an assault said to be made 
by the latter on the Saponies about Christmas last, the one 
strongly affirming & the other as vehemently denying their 
being any way concerned in the said attack and murder of the 
Saponies 

Whereupon for a further proof of the innocence of the Tusca- 
ruros, their Deputies now attending here offered to remain hos- 
tages till a reasonable time be assigned the Saponies for proving 
their charge and in Case they shall bring sufficient proof to con- 
vict the Tuscaruros of the aforesaid murder, they the said Depu- 
ties will then voluntarily undergo any punishment themselves, 
or be obliged to deliver up the persons ag l whom proof shall 
be made, to be punished as this Government shall think fit. 
Whereupon the President in Council taking the said proposal 
into consideration, and judging it an indication of the innocence 
of the said Tuscaruros hath thought fit, by and with the advice 
and consent of the Council, to order that without exacting the 
hostages offered by the Tuscaruros, a full hearing of this matter 
be had before this Board on the 15 th of October next, at which 
time Blount the Chief man of the Tuscaruro Indians is ordered 
personally to attend, and the Saponies are enjoined to bring with 
them whatever proofs they pretend to have either from the testi- 
mony of the English, or the relations of Indians as of their 
own knowledge and observation, that a final determination may 
be put to this quarrel. 

The Nottoway Indians being suspected of the murder of 
two English men on Appomatuck River last year, It appearing 
that no other Indians were in those parts during that season 
except the Nottoways, that the murdered persons were not 
stripped as it usual when killed by foreign Indians, that not- 
withstanding the said Nottoways positively denying their knowl- 
edge of the said fact, and their being none other but circum- 
stantial proof it is not thought fit to proceed further against them 
than by continuing the former restraint on their hunting untill 
they find out the murderers, and thereby give fresh testimony 
of their inclination to live hereafter peaceably with the kings 
subjects, and in a due obedience to the rules & orders set them by 
this Government 



140 Executive Journals, Council of Colonial Virginia 

On reading at this Board a letter to the President from six 
of the Justices of the County of Hannover desiring they may be 
excused from sitting as Justices of the peace while M r John Syme 
is continued in that Commission, It is the opinion of this Board 
and accordingly ordered that the Clerk of the Council do write 
to the said Justices intimating to them that this Board being 
well satisfied of M r Syme's affection and loyalty to his Mat les 
person and Government, as well as of h.is capacity & qualifications 
to serve the County as a Justice of the peace, they do not think 
fit to remove him from that office 

M r President informing the Board that a great number of 
Patents are now prepared in the Secretaries office ready for his 
signing, and desiring to know whether it be necessary that the 
same should be sign'd in the presence of the Council, It is the 
opinion of this Board that according to a resolution of the same 
in the year 1716, the said patents be sign'd out of Council. 

June the 15 th 1727 

Present 

The Hon ble the President 

William Byrd Peter Beverley & 

Nathanael Harrison Rich d FitzwilT Esq" 

The Caveat entred by William Winston against Benj a Wag- 
goner is dismist, and a patent ordered to be granted for the land 
therein ment d to the said Benjamin Waggoner. 

The Caveat entred by Mark Bannerman Gent against John 
Davis for land found to escheat to his Ma" in Essex County, 
the said Bannerman not prosecuting the same, It is ordered that 
a patent be granted for the land therein mentioned to the said 
John Davis, he paying the Composition & other Charges accru- 
ing thereon. 

William Westwood is hereby appointed one of the Coroners 
of Eliz a City County. 

Present John Carter & Jn° Grymes Esq" 

On hearing at this Board the Case of the owners of the 
ship John and Betty of Bristol recommended by the Right Hon ble 
the Lords Commiss" for Trade & plantations; it appearing upon 
the whole matter by a state of the case made by the late Naval 
Officer and put into the hands of John Randolph Esq r his Mat"* 
Attorney Gen 1 that the said Ship was actually at anchor in Rap- 
pahanock River within the limits of the Port on the 10 th day of 
June and that as a further confirmation thereof the said ship 
was early in the morning of the 11"' of June before the Presi- 
dent's house which is about ten miles up the river and nearer 
to the office of the Collector and Naval Officer, this Board are 



Executive Journals, Council of Colonial Virginia 141 

therefore of opinion that the Rum imported in the said ship is 
not liable to any duty by virtue of the Act laying a duty on 
Liquors which commenced from and after that day; that the 
same ought forthwith to be restored to M r Pitman Scanderet 
Agent for the owners of the said Ship of which John Robinson 
Gent Admin r of the Goods & Chattels of Christopher Robinson 
late Naval Officer of that District who received that money is 
to take notice, and to conform himself accordingly. 

On a petition of Bowler Cocke and Tarleton Fleming De- 
visees of Charles Fleming deceased for a new patent for a cer- 
tain tract of land taken up by the said Charles and devised to 
the pet rs wherein there appears a manifest mistake in the first 
course of the said patent which instead of N° West ought to have 
been N° East, It is Ordered that the pet rs have leave to resurvey 
the said tract according to the true courses taken up by the said 
Charles Fleming, and that they have also leave to add there to 
260 acres on the one side and 150 on the other to be included 
in the same patent. 

On hearing this day in Council the several petitions of Mark 
Bannerman and Katharine his wife & Thomas Simpson for a 
grant of 270 acres of land in Accomack County found to escheat 
to his Mat y from Charles Campleston dec d It is the opinion of 
this Board that the said Katharine Bannerman hath the most 
equitable pretensions to his Majesties favour, and therefore or- 
dered that a patent be granted to her and her heirs for ever for 
the said escheat land, the said Bannerman paying the charges 
of prosecuting the said Escheat to be settled by the Council on 
both sides together with five pounds for the said Simpson's per- 
sonal trouble and attendance 

Whereas Hannah a Negro woman belonging to George 
Walker of Eliz a City County was by a Commission of Oyer and 
Terminer convicted of murder and execution awarded against her, 
but before the day of the said execution the Sheriff died, whereby 
the said Negro remains still in prison the sentence aforesaid 
not executed, It is the opinion of this Board that a Warrant be 
prepared for the President's signing directing the execution 
of the said Negro pursuant to the former sentence, and a War- 
rant was prepared accordingly. 

On the petition of William Dangerfield Gent and a Counter 
petition of Henry Willis praying for a grant of three thousand 
acres of land formerly taken up by William Parker Gent in the 
County of Spotsylvania, and no survey thereof returned into the 
Secretaries office pursuant to the Orders of the Government, and 
it appearing that the said Henry Willis is the first pet r and hath 
prosecuted the same with effect, It is therefore Ordered that 
the said Willis be preferred to a Grant of the said land, he mak- 
ing it appear that he gave due notice to the said Dangerfield of 
his application for the said land according to the direction of 
the last Council. 



142 Executive Journals, Council of Colonial Virginia 

On the petition of Larkin Chew, Tho s Chew, John Chew, 
Rob* Martin, Larkin Chew Jun r , W m Johnson, Robt King, and 
George Goodloe setting forth that on the 2 a of Novem r last they 
obtain'd an order of this Board for surveying 12000 acres of 
land on the west side of the little mountains in the County of 
Hannover, that upon application to the Surveyor of the County 
for that purpose, they have been informed that by an agreement 
between the said County and that of Henrico the bounds of 
Hannover is circumscribed by the branches of James River, and 
doth not extend so far as the land pray'd for by the pet", and 
therefore praying that their entry may be received by the Sur- 
veyor of Henrico and their Tract laid off by him according to 
their former order; It is ordered that the pet rs be at liberty to 
enter for the same tract with the Surveyor of Henrico, who is 
hereby directed to cause the same to be surveyed for them pre- 
ferable to any other Grant posterior to the date of their first 
order 

The following petitions for land were read and granted as 
follows viz* 

To Will™ Randolph two Tracts of land the one consisting 
of 700 acres the other of 1250 adjoining to a tract of 4400 acres 
of land formerly granted the pet r on Appomatuck River in Hen- 
rico County 

To Henry Willis 3000 acres beginning at Battle mountain in 
Spotsylvania County. 

To John Scott, Stephen Hughes & Edward Scott 4000 acres 
of land joining on Bowler Cocke's line on Muddy Creek on the 
South side James River, and running into the fork of the said 
Creek and up the Maple swamp on both sides thereof including 
the ridges to compleat that quantity in Henrico County. 

To Daniel Stonar 4000 acres on great Guinie Creek which 
runneth into Appomatuck River in Henrico County. 

To Daniel Stonar 1400 acres adjoining to his patented land 
in Henrico County 

To Francis Epes, Littlebury Epes, Charles Hudson, Eliz" 
Randolph, James Thompson and Amos Lad 12000 acres beginning 
on the N° side of Hardwares River within three miles of the 
mountains, being a branch of the south River of James River, 
thence up on each side of the said Hardwares River to com- 
pleat that quantity. 

To Thomas Carr 1200 acres in King William County lying 
between the lines of W m Terrel, Rich" Mauldin, Joel Terrel, 
Will m Mcgehee, Philemon Hawkins, Aug' Moor, Jacob Burros, 
John Hawkins, Will'" Biggars, William Porters, Rob' Chandler, 
and Rob' Holmes. 

To James Powell Cock 3000 acres lying in the fork of Nibbs 
Creek where his plantation now is in Prince George's County 

To James Skelton 1000 acres to be included with 1600 acres 
patented land on Hardware Creek in Henrico County. 



Executive Journals, Council of Colonial Virginia 143 

To Francis Epes 5000 acres joining on his patented land 
on Winterpoke on Appomatuck River in Henrico County, and to 
have an inclusive patent for the whole. 

To Arthur Moseley Jun r eight hundred acres adjoining to 
his patented land on fighting Creek in Henrico County, & to 
have an inclusive patent for both. 

To James Akin one thousand acres beginning on Pride's line 
on Batterwood Creek in Henrico County, and to extend toward 
the branches of Swift and Ship-quarter Creeks. 

To Sam 1 Good 2000 acres beginning on Appomatuck River 
on Rich" Womack's line, and up the river to Maj r Kennon's line 
in Henrico County 

To John Woodson 1050 acres lying on Deep Creek on the 
S° side of James River in Henrico County. 

To Thomas Randolph 4000 acres under the mountains on the 
S° side of the N° fork of James River in Henrico County. 

To Thomas Massie and Jn° Woodson 4000 acres of land be- 
ginning at the south corner of the land sold by Woodson & 
Hughes to Col W m Cole, and joining on the said tract on the 
North and East sides in Henrico County. 

To John Fitzgerald 1000 acres joining on a tract of land 
already surveyed for him on Namazine Creek in Prince George's 
County, with an inclusive patent for the whole 

To James Keith 2000 acres adjoining to his old land on both 
sides of Stonie Creek in Prince George's County, and to have 
an inclusive patent for both tracts. 

To Henry Anderson 4000 acres lying on Appomatuck on 
Swan's Creek, the branches of Deep Creek & Cetalones branch 
in Henrico County. 

To Joshua Turner 1000 acres adjoining to the land whereon 
he lives on Stonie Creek in Prince George's County, and to 
have an inclusive patent for his old & new land. 

To Alex r Marshall 1600 acres joining upon the land granted 
him by patent being 628 acres on the great Swamp of Swift 
Creek in Henrico County with an inclusive patent for both 
Tracts. 

On the petition of Nathan 1 Harrison Esq r leave is granted 
him to take up 3000 acres of land or thereabouts, lying within 
the following bounds Viz* beginning at the head of Cold water, 
thence up to the Saponie Indian line, along that line to Maherine 
River, thence down that River till it is opposite to the lower 
line of the said Nathan 1 Harrison's land called New hope, thence 
up that line to the upper or outer corner tree of the said land, 
thence to the pet" own land ag' Brandy quarter and over the 
River bounding on the upper line of Brandy quarter aforesaid, 
thence to the beginning. Leave is also granted the pet r to in- 
clude in one patent the land aforesaid with his other lands 
thereto adjoining in Brunswick County. 



144 Executive Journals, Council of Colonial Virginia 

At a Council held at the Capitol August 17 th 1727 

Present 

The President 

Nath 1 Harrison Peter Beverley 

Cole Digges John Carter & 

John Grymes Esq" 

M r John Randolph being admitted to execute the office of 
Clerk of the Council upon the occasion of the sickness of M r 
Robertson. He took the Oath for the faithful Execution thereof 
during the time of his acting therein. 

The President asking the advice of the Council what was to 
be done in respect to the meeting of the General Assembly which 
stood prorogued to the sixth day of Sepf next It is the opinion 
of the Board that it be further prorogued to Thursday the 16 th 
of November. 

Ordered 

That Proclamation do issue accordingly. 

Whereas a letter was this day laid before the Board by 
the President wrote to him by S r Richard Everard Baron' Gov- 
ernor of the Province of North Carolina concerning the Trans- 
actions in that Government in the apprehending, examination and 
conveying into this Colony several Pirates, wherein S r Richard 
desires that the expenses of that Business, which were consider- 
able should be repaid to the Province of North Carolina by this 
Government ; It is the opinion of the Council that all Expences 
of the said Prisoners until they were brought into Virginia ought 
to be defray'd by the Government of North Carolina, and the 
President is desired to signify the opinion of the Board to Sir 
Richard. And whereas it appears that Roger Kennyon, Andrew 
Frazer, George Hull, Jonathan Howard & John Cocke pursuant 
to their several recognizances taken for that purpose in Caro- 
lina, had travelled from thence and attended and given Evidence 
on the tryal of the said Pirates. It is Ordered that the Receiver 
Gen 1 do pay unto the said Roger Kennyon, Andrew Frazer, 
George Hull, and Jonathan Howard Six pounds fifteen shillings 
apiece for their travelling & attendance Unto John Cocke for 
the same £2"2"2, and unto Michael Griffin for the same £1"10"0, 
and unto Edward Howcott for attending as a Guard upon the 
prisoners £1"19"0 and that he do also pay to the prisoner Martha 
Farlee who was acquitted £1"10"0, to defray her expences in 
travelling home again. 

Whereas the Board was inform'd that the Inhabitants of this 
Colony near Roanoak had lately been infested with a Company 
of the Cattabaw Indians who had committed sev 1 Robberies upon 
them, and that they expected they would return soon with a 
more considerable number and do more mischief, not only to 






Executive Journals, Council of Colonial Virginia 145 

the English Inhabitants, but to the Tributary Indians ; and that 
there was some reason from their insolent behaviour of late, to 
apprehend they design'd to take possession of Christanna Fort, 
in which there are several Cattabaws at this time, and that they 
will do other Acts of Hostility. Collonel Harrison is desired to 
take such measures as he shall think most expedient for pro- 
tecting the Frontiers against the Incursions of those Indians. 

On reading at this Board the petition of John Cosby and 
Charles Barret setting forth that Benjamin Brown of the County 
of Hanover some years ago made an Entry for Sixteen hundred 
acres of land in the said County, and sometime in the beginning 
of March MDCCXXV made two Surveys the one for eight hun- 
dred acres of land lying on one or both sides the South Fork of 
little River and the other for eight hundred acres more lying on 
one or both sides the North fork of the said River, and .hath 
or might have had plats of the said Surveys delivered to him 
which he hath neglected to lodge in the Secretary's office, and 
hath taken no measures to obtain a Patent thereon in Contempt 
of the Orders of the Government; and praying the said land 
may be granted to them according to the usage in such Cases, 
It is accordingly Ordered that the said Brown have notice to at- 
tend this Board at the next Court of Oyer & Terminer to shew 
cause why the said land should not be granted to the Petitioners. 

At a Council held at the Capitol September 
the 11 th 1727 

Present 

The Hon ble William Gooch Esq r his Majesty's Lieut Governor 

& Commander in Chief of the Colony and Dominion 

of Virginia 

Robert Carter Cole Digges 

James Blair Peter Beverley 

William Byrd John Carter & 

Mann Page John Grymes Esq" 

A Patent under the Great Seal of Great Britain bearing date 
at Westminister the 10 th day of March in the Thirteenth year 
of the reign of his late Majesty King George the first constitut- 
ing the R* Hon ble George Earl of Orkney his said late Majesty's 
Lieut and Governor General of this Colony and Dominion 

Also a Commission under the Signet and Sign Manual of 
his said late Majesty bearing date at the Court at S' James's 
the 23 d day of January 1726/7 In the Thirteenth year of his 
said late Majesty's Reign constituting and appointing The Hon- 
ourable William Gooch Esq r (in case of the death or absence of 
the said Earl of Orkney) to be Lieut Governor of the said Colony 
and authorizing and requiring him to execute and perform all and 



146 Executive Journals, Council of Colonial Virginia 

singular the powers & Authorities contain'd in the aforemen- 
tioned Commission granted to the said Earl ; 

Together with a printed Proclamation issued by his present 
Majesty King George the Second declaring that all persons in 
an) r office at the Demise of his late Majesty within the Kingdoms 
of Great Britain, Ireland, or any of the plantations shall con- 
tinue in the Execution of their respective Trusts and Employ- 
ments. 

And a Commission under the Great Seal of the High Court 
of Admiralty of Great Britain bearing date the 24'" day of March 
1726/7 constituting the said William Gooch Esq r Vice Admiral 
of this his Majesty's Colony & Dominion of Virginia. 

Were severally read and published in the place where the 
General Court is usually held. 

From whence the Lieutenant Governor with the Council re- 
paired to the Council Chamber where his Honour took the Oaths 
appointed by Act of Parliament to be taken instead of the Oaths 
of Allegiance and Supremacy the Abjuration Oath mentioned in 
the Act of Parliament made in the sixth year of the Reign of 
her late Majesty Queen Anne, subscribed the Test and took the 
Oath for the faithful discharge of the office of Governor, and 
due observation of the acts of Trade ; which said Oaths were 
administred to him by Robert Carter, James Blair & William 
Byrd Esq rs three of the members of his Majesty's Council. 

And then the said Lieutenant Governor administred to the 
several and respective members of the Council here present the 
said several Oaths appointed to be taken instead of the Oaths of 
Allegiance & Supremacy the Abjuration Oath & the Test, to- 
gether with the Oath of a Counsellour. 

John Carter Esq 1 " Secretary of this his Majesty's Colony & 
Dominion took the Oath for the due execution of that office. 

The Reverend M r Commissary Blair producing a Commission 
under the hand and Episcopal Seal of the R* Reverend Edm d Lord 
Bishop of London constituting him the said James Blair Commis- 
sary of Virginia, with power to execute the several authorities 
granted to the said Bisop by his late Majesty's Letters Patents 
under the great Seal granted to the said Bishop bearing date 
the day of a Copy whereof is annex'd to 

the said Commissary's Commission. 

Which Patent and Commission being severally read M r 
Commissary thereupon took the Oath for the due execution of 
the said office. 

John Grymes Esq r his Majesty's Receiver Gen 1 took the 
Oath for the due execution of the said office. 

William Dandridge Esq r . pursuant to a Warrant under the 
Sign Manual of his late Majesty bearing date the 1 st day of 
June 1727 In the Thirteenth year of his Reign directed to the 
Commander in Chief of this Colony for the time being, having 



Executive Journals, Council of Colonial Virginia 147 

first taken the Oaths appointed to be taken instead of the Oaths 
of Allegiance & Supremacy together with the Abjuration Oath, 
and subscribed the Test, was sworn and admitted one of his 
Majesty's Council of this Colony. 

John Custis Esq r pursuant to a Warrant under the Sign 
Manual of his late Majesty bearing date the 2 d day of June 1727 
in the Thirteenth year of his Reign directed to the Commander 
in Chief of this Colony for the time being having first taken 
the Oaths appointed to be taken instead of the Oaths of Allegi- 
ance and Supremacy together with the Abjuration Oath, and sub- 
scribed the Test, was sworn and admitted one of his Majesty's 
Council of this Colony. 

Whereas upon the Demise of our late Sovereign Lord King 
George the first of glorious memory, the Imperial Crown of 
Great Britain, France and Ireland together with the supreme 
Dominion and sovereign Right of this Colony and Dominion of 
Virginia, and all other his late Majesty's Dominions in America, 
are rightly come to the High and Mighty Prince George Prince 
of Wales our present most gracious Sovereign; It is Ordered that 
his said Majesty be publickly and solemnly proclaimed at the 
Capitol, the Market place, and the College of William & Mary ; 
and that a Proclamation do also issue commanding the High 
Sheriffs, Justices of the peace and other Officers to cause his 
present Majesty to be proclaimed in the respective Counties with- 
in this Colony with all convenient speed. 

Whereas his Majesty hath been pleased by Order in his 
privy Council the 19 th of June 1727 to declare that in all the 
prayers for the Royal Family, instead of the words [His Royal 
Highness George Prince of Wales, the Princess and their Issue 
and all the Royal Family] be inserted [Our Gracious Queen 
Caroline, the Royal Issue, and the rest of the Royal Family] 

It is Ordered that the same alterations be observed in the 
prayers throughout this Colony, and that M r Commissary Blair 
be desired to signify the same to the Clergy. 

Ordered 

That a Proclamation be prepared and issued for publishing 
his Majesty's Royal Proclamation for continuing in their respective 
offices all such persons as at the time of the Demise of our late 
Sovereign were duly possessed of or invested in any office or 
employment 

Resolved 

That an humble Address be prepared to his Majesty to be 
signed by the Governor and Council condoling the death of our 
late most gracious Sovereign, and congratulating his present Maj- 
esty's happy accession to the Throne, and that the said Address 
be prepared and brought in by M r Commissary Blair, William 
Byrd and John Carter Esq" 



148 Executive Journals, Council of Colonial Virginia 

John Randolph Esq r being by Commission from the late 
Governor constituted his Majesty's Attorney General during the 
absence of John Clayton Esq r and also admitted to officiate as 
Clerk of the Council in the room and during the Indisposition of 
M r Robertson, took the Oaths appointed by Act of Parliament 
to be taken instead of the Oaths of Allegiance and Supremacy 
together with the Abjuration Oath and subscribed the Test, and 
also took the oaths of those respective offices during his con- 
tinuance therein. 

At a Council held the 12 th day of 
September 1727 

Present 

The Hon ble The Lieut Governor 

Robert Carter Cole Digges 

James Blair Peter Beverley 

WilP Byrd John Carter 

Nath 1 Harrison John Grymes 

Mann Page Will" 1 Dandridge & 

John Custis Esq" 

Nathan 1 Harrison Esq r took the Oaths appointed by Act of 
Parliament to be taken instead of the Oaths of Allegiance & 
Supremacy, the Abjuration Oath, subscribed the Test, and then 
took the usual Oath of a member of his Maty's Council, 

And also as Deputy Auditor of his Majesty's Revenues of 
this Dominion took the Oath for the due execution of that office. 

M r Commissary Blair reported that the persons appointed 
had prepared an humble address to His Mat y ; which was read 
at the Board and agreed to and 

Ordered 

That the same be fairly transcribed and signed by the Lieut 
Governor and all the members of the Council now present, and 
that a Duplicate thereof be also prepar'd and sign'd in like 
manner. 

His Majesty's approbation declared in Council the 28 th of 
March 1727 of the proposals made by Collonel Spotswood and 
M r Eden late Lieutenant Governors of this Colony and North 
Carolina for settling the Boundaries between the said Govern- 
ments ; which proposals have also been agreed to by the Lords 
Proprietors of North Carolina, was this day read at the Board, 
and thereupon it is the opinion of the Council that the Governor 
be desired to send a Copy of his Majesty's said Order in Council 
to the Governor of North Carolina, and to desire him to appoint 
two Commissioners in behalf of that Province to meet some time 
in the month of March next William Byrd and Nathanael Harrison 
Esq" who are hereby nominated and appointed Commiss" on 



Executive Journals, Council of Colonial Virginia 149 

the part of this Colony, and then jointly to proceed in running 
the dividing line between the two Governments according to the 
proposals aforesaid. 

And it is further Ordered that John Allen Gen 4 and M r 
Mayo Surveyors be, and they are hereby appointed assistants 
to the said Commissioners for the better performing the ser- 
vices aforesaid, and that they be paid for their trouble and ex- 
pence out of his Majesty's Revenue. 

His Majesty's Approbation declared in Council the 16 th day 
of June 1727 of an Act passed in this Colony the last Session 
of Assembly Entituled An Act for laying a Duty on Liquors 
was read, and ordered to be entered on the Council Books. 

Also his Majesty's approbation declared in Council the same 
16 th day of June 1727 of an Act passed the same Session Entituled 
an Act to confirm the Title of Richard Randolph to certain en- 
tailed Lands, and to settle other lands of greater value and two 
Negro Slaves to the same uses, was this day read at the Board, 
and ordered to be entered on the Council Books. 

The Lieutenant Governor being informed that John Vidal a 
prisoner in the public Goal in Williamsburgh has been lately 
convicted and attainted of Piracy, & is to be executed on the 
6 th day of October, was pleased to ask the advice of the Council, 
whether in their opinion the said Vidal be a fit object of the 
King's mercy; upon debating whereof, it is the opinion of the 
Council that in respect of his Majesty's Succession to the Throne, 
and the arrival of the Governor, it is very fit to begin his adminr D 
with an Act of mercy, and therefore they do advise his Honour 
to grant unto the said John Vidal his Majesty's most gracious 
pardon. 

At a Council held the 16 th day of October 1727 

Present 

The Governor 

James Blair John Carter 

Nathan 1 Harrison Rich d Fitzwilliam 

Cole Digges Will 1 " Dandridge & 

Peter Beverley John Custis Esq" 

Richard Fitzwilliam Esq r Surveyor General of his Majesty's 
Customs this day took the Oaths appointed by Act of Parliament 
to be taken instead of the Oaths of Allegiance and Supremacy, 
and the Abjuration Oath, subscribed the Test, and took the Oath 
as one of his Majesty's Council of this Colony, together with 
the Oath of his office as Surveyor General. 



150 



Executive Journals, Council of Colonial Virginia 



October the 17 th 1727 
Present 



The Governor 



James Blair 
William Byrd 
Nath 1 Harrison 
Cole Digges 



John Custis 



Peter Beverley 
John Robinson 
Rich" Fitzwilliam 
William Dandridge & 
Esq" 



John Robinson Esq r took the Oaths appointed by Act of 
Parliament to be taken instead of the Oaths of Allegiance and 
Supremacy, the Abjuration Oath, subscribed the Test, & took 
the Oath as one of his Majesty's Council of this Colony. 



At a Council held October the 27 1727 
Present 



The Governor 



Robert Carter 
James Blair 
Nath 1 Harrison 
Cole Digges 



Peter Beverley 
John Robinson 
William Dandridge 
John Custis Esq" 



The Governor laid before the Board a Petition of Rob 1 Jor- 
dan Jun r in behalf of himself and several other people called 
Quakers, residing in the Counties of Henrico Charles City and 
Nansemond, complaining of divers fines levied upon them for not 
attending at the Musters of the Militia appointed by Law in the 
said Counties ; and praying redress therein : It is the opinion of 
this Board that the said fines being imposed on them for their 
refusing obedience to the Law, they ought therefore not to be 
relieved. 

The Governor also laid before the Board a Letter lately re- 
ceived by him from S r Richard Everard Baronet Governor of 
North Carolina, dated the 3 d instant promising to take speedy 
measures with the advice of his Council for the appointment of 
Commissioners, and the time and place where they shall meet 
the Commissioners appointed by this Government for settling 
the Boundaries between this Colony and the said Province pur- 
suant to the Order of his Majesty in Council, and that in the 
mean time no patents shall be granted for any Lands lying within 
the contraverted Bounds, which letter was read 

Present William Byrd, John Carter & Richard Fitzwilliam Esq" 

Whereas John Vidal lately convicted of Piracy, and by the 
Governor pardoned for the said offence, is still detained in the 



Executive Journals, Council of Colonial Virginia 151 



public Goal, and there like to continue, as well for the prison 
fees as the fees due to other Officers; It is Ordered that the 
said fees be paid out of his Majesties Revenues of 2s per hogshead 
& c; and that the said Vidal be forthwith discharged out of 
Prison. 

Ordered that the General Assembly which stands prorogued 
to the 16 th day of November next, be dissolved, and that proclama- 
tions issue for notifying the said Dissolution. 

An Acco' of contingent Charges from the 25 th of April 1727 
to the 25 th of this present month; also an account of Work 
done to the Governor's House, and other disbursements upon 
the same for the like time, together with an acco 1 of the Charges 
in the apprehending Vidal and execution of certain Pirates were 
this day laid before the Governor in Council by Nathanael Harri- 
son Esq r Deputy Auditor, and being examined, divers of the 
articles of the said account were allowed, and others to be re- 
examined and regulated by the said Auditor. 

The Officers of his Majesty's Revenue on their application 
are authorized and impowered to sign and issue Rights to the 
Value of £500 for the use of such as shall require the same for 
the taking up his Majesty's Lands. 

On the application of the Justices of Elizabeth City County, 
It is Ordered that Edward Jones, William Hunter, John Brodie 
and William Westwood Gent be added to the Commission of the 
peace for the said County. 

Whereas sundry Inhabitants and the majority of the Vestry 
of Elizabeth City parish have represented to the Governor, that 
the Church of the said parish is so ruinous that it is dangerous 
for them to repair thither for the performing Divine service ; and 
that great differences have arisen between the Inhabitants of the 
said parish concerning the place where a new Church should be 
built in the said parish, and upon the occasion of the said differ- 
ences an Order was made by the last House of Burgesses that 
the present Vestry should not proceed to the building of a new 
Church before the next session of Assembly, which is complain'd 
of as a great grievance to the Petitioners and other Inhabitants 
who have petitioned the Governor for relief therein, The Gov r 
this day in Council took the matter of the said petition into con- 
sideration, and upon hearing of all parties by their Council, It 
is the opinion of the Board that the new Church ought to be 
built in the Town of Hampton as the most convenient place in 
the said parish, and that the Vestry be at liberty to proceed to 
the building of the same accordingly. 



152 Executive Journals, Council of Colonial Virginia 

At a Council held at the Capitol 
November the 2 d 1727 

Present 

The Governor 

Robert Carter John Robinson 

James Blair John Carter 

William Byrd Rich" Fitzwilliam 

Nath 1 Harrison John Grymes 

Cole Digges Will" 1 Dandridge & 

Peter Beverley John Custis Esq rs 

The Governor laid before the Board a letter from M r Leheup 
Sollicitor for the Virginia affairs dated the 24 th of June 1727 
together with an account of sundry fees and other Charges ex- 
pended by him in the sollicking and obtaining of his Majesty 
the Order for settling the Boundaries between this Colony and 
the Province of North Carolina, & in obtaining his Majesty's ap- 
probation of the Act for laying a Duty on Liquors, amounting 
to £59,,9,,6 Which sum he desires may be reimbursed to him 
and likewise that he may have a suitable recompence for his 
extraordinary trouble in negociating the business of the Duty 
Act and other affairs of this Government during the administra- 
tion of the late Governor; And the said letter and account being 
read at the Board, It is the opinion of the Council and accordingly 
Ordered that the Receiver General do pay out of his Majesty's 
Revenue of 2s per hogshead & c. the said sum of £59, ,9, ,6 ex- 
pended by M r Leheup for the service of this Government, together 
with fifty Guineas as a Gratuity for his extraordinary trouble and 
care therein ; and that it be recommended to the next Assembly 
to reimburse that expence to the Revenue. 

The Governor was pleased to inform the Board that the 
Nottoway Indians having complained to him that they were 
threatned by the Maherines upon a suspicion of their being con- 
cerned with the Cattabaws in their late attack on the Maherines, 
and being assured by Coll° Harrison who had been desired by 
the President to examine into the Conduct of the Tributary 
Indians upon the Cattabaws arrival on our Frontiers, that the 
Nottoway Indians were altogether unconcerned in the mischiefs 
committed by the Cattabaws with whom they had not the least 
correspondence, he had thereupon written to the Governor of 
North Carolina in justification of the Nottoways, and desired 
him to interpose his authority to divert the Maherines from 
prosecuting their revenge upon a Jealousy which appeared to be 
entirely groundless ; that he had received from S r Richard Everard 
the Governor of North Carolina a Letter dated the 30 th of last 
month acquainting him that the Maherines declared they have 
not any suspicion of the Nottoways being concerned in the late 



Executive Journals, Council of Colonial Virginia 153 

attack on their nation, and that they have not any quarrel with 
those Indians, but charge the mischief done them on the old 
Occaneeche King and the Saponie Indians, expecting that as 
they had twelve persons killed and a Boy carried away prisoner, 
the like number of the Saponies shall be delivered up to them to 
be put to death, and that the prisoner be restored to them. 
Whereupon Colonel Harrison acquainted the Board that he had 
strictly examined the conduct of the Saponies in the affair where- 
with they are now charged and was well assur'd that only three 
of that Nation join'd the Cattabaws in their march to the Ma- 
herine Town, and that their so doing was contrary to the express 
Orders of their great men who were very willing to have deliv- 
ered them up had they returned to the Saponie Town, but one 
of them dying at Roanoak, the other two for fear of being pun- 
ished fled away with the Cattabaws; and as to the Maherine 
boy taken prisoner the Chief man of the Cattabaws had prom- 
ised to restore him as soon as he got back to his own Town. 

And thereupon this Board delivered their opinion that this 
account of the part the Saponie Indians had in the attack made 
on the Maherines be signified to the Governor of North Carolina 
to the end he may satisfy the Maherine Indians what endeavours 
have been used to procure them satisfaction as well in regard 
to their people killed, as to the boy carried away prisoner, and 
that neither the Saponies nor the Occaneeche King had any hand 
in the injury done them, nor can be accountable for the same. 

The following Warrants on the Receiver General to be paid 
out of his Majesty's Revenue were this day sign'd by the Gov- 
ernor in Council Viz 1 

Out of the 2s per Hogsh d Port Duties & Head money. 

To the Governor for 44 days Sallary from the 
11 th of SeptenT to the 25 th of October in- 
clusive £„245„18„ % 

To The President for his Sallary from the 25 th 

of April to the 11 th of September „754„ 1„10>4 

To The Gent of the Council one half years 

Salary ending the 25 th of October ,,175,, — „ — 

To the Judges & Off" of the Oyer & Terminer 

held last June >,100„ — „ — 

To the Auditor Gen 1 of the Plantations one 
half years Sallary ending the 25 th of Octo- 
ber 50,, — ,, — 

To The Sollicitor of the Virginia affairs for the 

like Sallary 20„ — „ — 

To The Clerk of the Council for the same time. 50,, — „ — 

To the Armorer for the same time 6„ — „ — 

To Will m Prentis for money paid the Gunners 

of the sev 1 Batteries 20„ — „ — 



154 Executive Journals, Council of Colonial Virginia 

To The same for money paid the Ministers 

who preached before the Gen 1 Court. . . . 4,, — „ — 

To the same for money paid for Repairs upon 

the Governors House 85„10,, 5 

To William Prentis for money paid for ex- 
penses and contingent Charges 70,,14„ — 

To The same for money paid for the Charges 
and Execution of several Pirates appre- 
hended in North Carolina 96„ 8„ 5}4 

And out of the Revenue of Quitt Rents 

To M r Comiss ry Blair one half years Salary. . . „ 50,, — ,, — 
To The Attorney Gen 1 one half years additional 

Salary „ 30,, — „ — 

The Account of his Majesty's Revenue of 
2s per hogshead Port Duties and Head money end- 
ing the 25 th of October last being examined by the 
Deputy Auditor was exhibited by the Receiver 
General, who made Oath thereto, and Certified by 
the Governor in the usual form the Ballance where- 
of being £6304,, 6„11, I 4 

November the 4 th 1727 

Present 

The Governor 

Robert Carter John Robinson 

James Blair John Carter 

William Byrd Rich d Fitzwilliam 

Nath 1 Harrison John Grymes 

Cole Digges Will" 1 Dandridge & 

Peter Beverley John Custis Esq" 

A petition of Joseph Smith of the County of Essex Gent 
complaining of Salvator Muscoe one of the Justices of the said 
County being read at the Board, It is Ordered that a Copy of 
the said petition be given to the said Muscoe, and that he have 
notice to attend this Board to answer the same at the Council 
to be held after the next Court of Oyer and Terminer. 

The Council taking into consideration the great and extra- 
ordinary expence which the Governor hath been put to by a long 
attendance in London after his appointment to his office, before 
he could find an opportunity of his passage to this Colony, and 
by being obliged at last to transport himself and his family in 
a Merchant Ship; and considering also the Charge he must be 
at in passing two Commissions for his said office occasioned by 
the Demise of his late Majesty, are unanimously of opinion & do 



Executive Journals, Council of Colonial Virginia 155 

accordingly Order that towards defraying the expences aforemen- 
tioned the sum of Three hundred pounds Sterling be paid to 
the Governor by the Receiver General out of the Ballance of his 
Majesty's Revenue of 2s per hogshead remaining in his hands, and 
that the same be placed among the contingent Charges of this 
Government. 

At a Council held at the Capitol the 14 th 
day of December 1727 

Present 

William Gooch Esq r his Mat 5 " 3 Lieut Governor 

M r Com ry Blair John Robinson 

William Byrd John Carter 

Mann Page Richard Fitzwilliam 

Cole Digges John Grymes 

Peter Beverley William Dandridge & 

John Custis Esq" 

His Majesty's Proclamation bearing date the 5 th day of 
July 1727 declaring his Royal pleasure for continuing the Officers 
in his Majesty's plantations till his Majesty's pleasure shall be 
further signified was read and Ordered to be published through- 
out this Colony. 

The Governor having laid before the Council a Letter from 
S r Richard Everard Governor of North Carolina dated the 6 th 
instant notifying his appointment of four persons to be Commis- 
sioners on the part of that Province for settling the Boundaries 
between both Governments, and proposing that a Conference be 
held between the Commissioners on both sides some time be- 
fore the last of January for settling such preliminaries as may 
be necessary for the better expediting the said work ; the Council 
are thereupon of opinion that there is no necessity for any such 
previous Conference as is desired, since the Proposals approved 
by his Majesty and agreed to by the Proprietors of Carolina 
are so plain as to leave no room for dispute in the Execution 
thereof, nor any liberty for the Commissioners to depart from 
the Rules therein laid down, but if any thing is necessary to be 
provided on either side towards enabling the Commissioners to 
proceed with the greater case and expedition when they meet to 
settle the boundaries, the same may in the meantime be concerted 
by letters. And 'tis Ordered that this Resolution of the Board 
be communicated to the Governor of North Carolina. 

Nathanael Harrison Esq r formerly appointed one of the Com- 
missioners for settling the boundaries between this Government 
and North Carolina being lately dead 

Richard Fitzwilliam & William Dandridge Esq" were this 
day nominated and appointed to be join'd in Commission with 



156 Executive Journals, Council of Colonial Virginia 

William Byrd Esq r for the same purpose and 'tis Ordered that 
a Commission be prepared constituting and authorizing them or 
in case of the death or disability of either the Survivor or Sur- 
vivors Commissioners on the part of this Government for deter- 
mining and settling the said Boundaries. And it is further Or- 
dered that the 5 th day of March next be appointed for their 
meeting the Commissioners of North Carolina at the mouth of 
Corrituck Inlet in order to proceed from thence to lay out the 
bounds in controversy of which the Governor is desired to give 
the North Carolina timely notice. 
Ordered 

That a Tent belonging to Richard Fitzw m Esq r be purchased 
by the Receiver General and paid out of his Majesty's Revenue 
for the use of the Commissioners appointed on the part of this 
Government for settling the Boundaries with North Carolina, and 
whereas it has been represented that the said Commissioners are 
like to be for several Weeks employed in this service, and in pass- 
ing through a Country where there is not any Minister or estab- 
lished worship, it is Ordered that Peter Fountaine Clerk be ap- 
pointed to attend the said Commissioners as their Chaplain. 

The Governor desiring the advice of the Board what time 
will be most proper for holding a General Assembly, It is there- 
upon Resolved that a General Assembly be called to meet on 
Thursday the first day of february next, and that Writts for the 
election of Burgesses be prepared and issued accordingly. 

William Robertson Gent having since his recovery from his 
late Indisposition before the Governor taken the several Oaths 
appointed by Law to be taken instead of the Oaths of Allegiance 
and Supremacy together with the Abjuration Oath and subscribed 
the Test, this day took the Oath of his office as Clerk of the 
Council. 

Mann Page Esq r absent 

On the recommendation of the Court of Warwick County, 
It is Ordered that Henry Cary, Anthony Armistead Jun r John 
Jones and Henry Scasbrook Gent be added to the Commission 
of the peace for the said County, and that the said Henry Cary be 
placed in the rank he formerly held in the said Commission 

On hearing this day at the Board the Complaint of Joseph 
Smith Gent against Salvator Muscoe one of the Justices of the 
peace for the County of Essex, It is Ordered that the further 
examination thereof be referred till the 6 th day of February next, 
at which time both the said parties together with such witnesses 
as they think necessary for proving their respective allegations 
are directed to attend this Board, and the Sheriff of the said 
County is Ordered to summon such persons as either party shall 
desire to give evidence in the matter of the said Complaint. 

David Bray Gent having by his petition represented to this 



Executive Journals, Council of Colonial Virginia 157 

Board that in order to obtain a Grant for the Tract of land in 
Spotsylvania County possessed by Daniel Hornby and Thomas 
Beal, he did in pursuance of a former Order of this Board send 
his overseer to receive possession of the said lands, and was ready 
according- to the direction of this Board to have paid the money 
at the time appointed, but that the servants of the said Hornby 
and Beal did refuse to deliver possession; and that the said 
Hornby and Beal have not hitherto sent to receive the said money, 
and praying that his patent for the said Land may be no longer 
delayed : This Board having examined upon Oath Robert Tallia- 
ferro the petitioner's overseer, and it appearing thereby that he 
did in behalf of the petitioner demand possession of the planta- 
tions of the said Beal and Hornby on the 10 th day of November 
last, and waited there until the 20 th of the said month, when by 
reason of his own indisposition he sent another person to make 
the same demand, but received in answer from the Overseers 
of the said Beal and Hornby that they had no Orders therein 
from their Imployers. It is thereupon Ordered that the petitioner 
have a patent for the aforesaid Tract of Land he agreeing that 
the money formerly Ordered for the improvements of the said 
Beal & Hornby thereon shall still be ready, and subject to the 
further directions of this Board. 

On the petition of William Cradock Gent, for stopping a 
Patent sued out by Richard • Philips for one hundred acres of 
Land in King William County It is Ordered that the parties at- 
tend this Board on the 6 th day of February next in order to a hear- 
ing of their several pretensions to the lands in Controversy. 

Richard Long having entered a Caveat for stopping a Patent 
sued out by William Beverley Gent for Lands lying in King 
and Queen and Essex Counties and not appearing to prosecute 
the same, the said Caveat is dismissed, and it is Ordered that 
a patent be granted for the land therein mentioned to the said 
William Beverley. 

George Woodrooff having petitioned for a Grant of Three 
Hundred and Eighty acres of land in the County of King Wil- 
liam surveyed for Benjamin Arnold deceased in the year 1715 
which said Benjamin did devise the said land to his daughter 
Rachel now the wife of Francis Arnold, but no patent ever 
sued out for the same, and it appearing to this Board that 
Anne Arnold the widow of the said Benjamin hath surreptitiously 
obtained a Copy of the aforesaid Survey and returned the same 
into the Secretary's Office with intent to take out a Patent there- 
on ; It is Ordered that no patent issue to the said Anne, but that 
as well the said Anne as the said Francis Arnold and the peti- 
tioner do attend this Board on the 6th day of February next to 
make out their several pretensions to the said Lands. 

On the application of Anne Major Widow for hearing and 
determining her pretensions to a Tract of Land in New Kent 



158 Executive Journals, Council of Colonial Virginia 

County lately found to escheat and petition'd for by John Meux 
late of the said County dec d It is Ordered that the said Anne 
Major give notice to the heir or heirs at law of the said Meux 
to attend this Board on the 6 th day of February next in order 
to a determination of her and their pretensions to a grant of 
the said land ; and that the said Anne have leave to examine in 
the Country such ancient witnesses as she shall think proper 
for the proof of her title giving due notice to the heirs of the 
said Meux to attend at such examination which any Justice of 
the peace of the County of New Kent is hereby impowered & 
required to take upon Oath and to certify into the Council Office 
before the said 6 th day of February. 

On the petition of Henry Willis setting forth that by patent 
dated the 5 th day of November 1673. One Thousand four hun- 
dred and sixty five acres of Land lying in the County of Rappa- 
hannock (now Spotsylv") on the south side Rappahanock River 
in the freshes thereof, on the head of a Creek called Nassaponax 
were granted to John Bowsey; 

That the said Bowsey not cultivating the said land accord- 
ing to the condition of the said patent Augustine Smith Gent 
petitioned for the said land as lapsed according to the form of 
an Act of Assembly made in the year 1705, and obtain'd an 
Order of the General Court dated the 25 th day of October 1709 
for a Grant of the said Land as lapsed, he having produced 
Rights for the said Land according to the said Act; 

That the said Augustine ever since hath neglected to sue 
out a Patent for that land, and keeps the same under the said 
Order without paying any Quitt Rents to the King for the same ; 
It is Ordered that the said Augustine Smith who now lives 
in the County of Essex be summoned to attend this Board on the 
6 th day of February next to shew cause why the said Orders 
should not be made void, and the said land granted to the 
petitioner. 

Mann Page Esq r Present 

Ordered 

That a new Commission of the peace issue for the County 
of Gloucester, and that John Lewis Gent be put in his former 
place, and that John Armistead Christopher Todd and Thomas 
Perrin be added to the said Commission. 

On hearing this day at the Board the petition of Richard 
Randolph Gent for stopping a patent sued out by Arthur Mose- 
ley Jun r for Four hundred acres of land on Fighting Creek in 
the County of Henrico, It appearing to this Board that three 
hundred acres of the said land is within the bounds of a Tract 
granted by Order of Council to Nathan 1 Harrison Esq' and by 
him assign'd to the pet' and by the negligence of the Surveyor 
left out of the pet" survey ; It is the opinion of the Council and 



Executive Journals, Council of Colonial Virginia 159 

accordingly Order'd that the said Surveyor be as he is hereby 
required to lay off the Three Thousand acres mentioned in the 
petitioners grant so as to include the three hundred acres afore- 
mentioned out of the Entry of the said Moseley, and that he 
compleat the said Survey to the petitioner without any further 
charge than would have been due if the whole three Thousand 
acres had been included in his first survey: And whereas it 
appears to this Board that the said Moseley hath made divers 
Improvements on the aforementioned three hundred acres of land ; 
It is Ordered that the petitioner satisfy him for the same ; and 
that the said Arthur Moseley have leave to take out a patent for 
the remaining one hundred acres contained in his said Entry ; 
to which purpose the Surveyor is hereby required and directed 
to deliver a survey and platt for the fee he hath already received 
and that he also repay to the said Moseley the money he re- 
ceived for the purchase of Rights for the three hundred acres 
above mentioned, and in case the said Surveyor shall refuse to 
comply with what is hereby enjoin'd him It is Ordered that he 
attend this Board on the 6 th day of February next to answer for 
his misbehaviour in his office by which as well the pet r as the 
said Arthur Moseley have been put to trouble and expence, and 
delayed in obtaining their patents. 

February the 3 d 1727 

Present 

The Governor 

James Blair John Carter 

Cole Digges Rich d Fitzwilliam 

Peter Beverley Will™ Dandridge & 

John Custis Esq rs 

On reading at this Board the petition of Abram Spencer 
praying that a fine imposed on him by King Wiliam County 
Court in July last may be remitted It is ordered that the Jus- 
tices of the said Court be required to certify the manner of the 
prosecution, and the proofs of the fact for which the petitioner 
was fined to the end this board may be satisfied whether the 
allegations of the pet r concerning the Court proceeding be true 

The Governor communicated to the Council a letter from 
Sir Richard Everard Governor of North Carolina proposing that 
before the dividing line be run between the two Governments it 
be agreed and declared that all Grants made by either Govern- 
ment for lands within the contraverted bounds shall be confirmed 
to the present possessors in which soever of the Colonies the 
said lands shall happen to fall ; and the said letter being read to- 
gether with the Governor's answer thereto dated the 23 d of Jan- 
uary It is the unanimous opinion of this Board that the said 



160 Executive Journals, Council of Colonial Virginia 

proposal ought not to be agreed to, and that the answer given 
by the Governor to the aforesaid letter is conformable to the 
repeated declarations of this Government concerning the dispos- 
ing of the lands within the contraverted bounds whenever the 
same should come to be determined. 

On reading at this Board a letter from the right Honourable 
the Lords Commissioners for trade and plantations together with 
the opinion of his Majesty's Attorney and Sollicitor General on 
the case transmitted from hence relating to the fines and for- 
feitures claim'd by the Proprietors of the Northern Neck within 
the Territory granted to them by Charter It is ordered that the- 
said opinion be entred on the Council books and in the Secretary's 
office, to which all parties concerned may have recourse. 

February the 5 th 1727 
Present 

The Governor 

James Blair Rich d Fitzwilliam 

Peter Beverley John Grymes 

John Carter Will" Dandridge & 

John Custis Esq™ 

The Governor was pleased (with the advice & consent of 
the Council) to constitute and appoint John Blair Gent Naval 
Officer of the Upper District of James River in the room of 
Francis Lightfoot deceased Naval officer of that District. 

The minutes of Council from the Governor's arrival to the 
14 th of December last inclusive were this day read and approved. 

For preventing disputes and controversies which may arise 
by allowing Entries immediately to be made for lands lying with- 
in the contraverted bounds between this Colony & North Caro- 
lina ; It is this day ordered by the Governor with the advice of 
the Council that no Entries be admitted for any of the lands 
lying within the bounds heretofore in controversy until upon the 
Report of the Commissioners appointed for the determination of 
the boundaries, rules shall be established for the more regular 
entring for the said lands and publick notice thereof given 
throughout the Colony ; and the Surveyors of the several Counties 
next adjoining to the said contraverted bounds are to take notice 
hereof and conform themselves accordingly. 



Executive Journals, Council of Colonial Virginia 161 

February the 6 th 1727 

Present 

The Governor 

M r Commiss ry Blair John Carter 

Peter Beverley Rich d Fitzwilliam 

John Robinson John Grymes & 

W m Dandridge Esq" 

This day being appointed for hearing & determining divers 
controversies arising on the pretensions of several persons to 
grants of his Majesty's lands the Governor and Council pro- 
ceeded thereupon & 

The matter in dispute between William Cradock Gent and 
Richard Philips Planter touching the grant of one hundred acres 
of land in King William County by consent of both parties is 
appointed to be heard at the Council to be held the next Court 
of Oyer & Terminer. 

John Custis Esq' present 

On reading at this Board the humble petition of Anne Major 
widow in behalf of herself and the Children and Devisees of 
William Major her deceased husband setting forth that her said 
husband about thirty five years ago for a valuable consideration 
purchased of one Daniel Workman a certain tract of land in New 
Kent County containing by estimation 280 acres, and was imme- 
diately possessed thereof but no conveyance ever acknowledged 
or recorded, that some years after the said Workman departed 
this life, and the said William Major and the pet r have been in 
peaceable possession of the same lands ever since ; That one 
John Meux now deceased sued out an Inquisition of Escheat, 
for the said land, by which it is found that the same is escheated, 
and that tho' the pet r conceives she has a right thereto yet she 
is willing to take a patent on the said Escheat for strengthening 
her title, and praying this Board to consider the equity of her 
pretensions, it appearing by affidavit that pursuant to the order 
of this Board the 14 th of December last, due notice hath been 
given to M r Farrall the Executor of the last Will and Testament 
of the aforesaid John Meux and Guardian to his heir at law to 
attend this Board and make out his pretensions, and that he hath 
refused to concern himself any further in prosecuting the said 
Escheat ; It is ordered that a patent be granted for the land 
aforesaid to the said Anne Major, or to such of the Children and 
Devisees of the said William Major dec d as shall be agreed upon 
to take the same and to make the division according to the Will 
of their deceased father they paying the fees and charges expended 
by M r Meux in prosecuting the said Escheat, and also the Com- 
position due to his Majesty. 



162 Executive Journals, Council of Colonial Virginia 

On hearing this day at the Board the several pretensions of 
George Woodrooff and Anne Arnold widow in behalf of herself 
and of Rachel her daughter now the wife of Francis Arnold to 
380 acres of land lying on East N° East River in the County of 
Spotsylvania survey'd in the year 1715 for Benjamin Arnold de- 
ceased, but no patent ever since sued out; It is the opinion of this 
Board and accordingly ordered that the said George Wood- 
rooff have a patent for the said land upon his giving Bond to 
convey the same to Anne the daughter of the said Rachel Arnold 
when she shall come of age or marry, according to his intention 
this day signified to this Board. 

February the 8 th 1727 

Present 

The Governor 

Cole Digges Rich" Fitzwilliam 

Peter Beverley John Grymes 

John Robinson W m Dandridge & 

John Custis Esq" 

Several petitions for leave to take up and survey his Mat 7 '* 
Land were read and granted as follows Viz : 

Thomas Bott for two thousand acres in Prince George County 
beginning on the south side of Appomatux River below Smack's 
Creek and extending downwards to the line of Essex Bevils on 
Saponie Creek. 

Henry Anderson for two thousand two hundred acres join- 
ing on the lands of Henry Randolph and George Robinson on 
the branches of Smack's Creek in Prince George County 

Henry Anderson for 2,000 acres called the Beech tree joining 
on James Powell Cocke's land on Nibb's Creek in the same 
County. 

John Anderson for 1200 acres on both sides of Nibbs Creek 
joining to the land of Edw d Booker in the same County. 

Henry Anderson Jun r for 2000 acres joining on the lands of 
John Anderson and James Powell Cocke on Nibbs Creek in 
Prince George County. 

William Kennon for 1,000 acres in the same County joining 
on the land of W m Pride on the south side of Appomatux 
River. 

Henry Wood for 3,000 acres between Willis's & Randolph's 
Creeks in Henrico County. 

Seth Ward for 5000 acres on the North side of Appomatux 
River in the same County beginning at a hickory mark'd on 
four sides and running up the said River to Green Creek 

Thomas Randolph for 3000 acres in the same County begin- 
ning about a mile above Henry Cary's upper survey on Hatcher's 



Executive Journals, Council of Colonial Virginia 163 

Creek and extending on both sides of the Said Creek to com- 
pleat that quantity. 

Renela Force for 900 acres in Henrico County joining on 
the lands of Chastain and Dulcit and to include the same in one 
patent the same being already survey'd in two distinct surveys. 

Henry Cary for 3,000 acres beginning on the great moun- 
tains of Willis's Creek in Henrico County and extending over 
the said mountains to the two great branches which encompass 
the same, and so down the Creek to a white oak mark'd H. C. 
to include that quantity. 

John Syme, John Anderson, Thomas Anderson & Richard 
Clough for 6,000 acres in one or more tracts on the branches of 
the River Byrd in Hannover County and joining on the land 
formerly granted to the said Syme. 

Ralph Crutchfield for 1500 acres in Hannover County includ- 
ing 400 acres survey'd for John Whately and assign'd to the pet r 
with leave to include the whole in one patent. 

Thomas Tyler for 3000 acres beginning on the south fork 
of Terry's run adjoining to the land of James Taylor & Joseph 
Hawkins in Spotsylvania County. 

Christopher Clark for 2500 acres on both sides of the South- 
anna above Deep Creek in Hannover County. 

Peter King for 1700 acres lying below deep Creek in Han- 
nover County. 

Michael Holland for 2,000 acres in Hannover County 400 
acres thereof being already granted by patent to Richard & 
Thomas Watson and 400 acres survey'd for John Woody and 
Benjamin Johnson and assign'd to the pet r with leave to include 
the whole in one patent 

David Walker for 1,000 acres in Prince George County on 
Turkey egg and Reedy Creeks and on Nottoway River including 
the land formerly granted to Solomon Wynne. 

George Booker for 2000 acres in Prince George County 
bounding on Nibbs Creek and the lines of William Kennon and 
on Flatt Creek 

William Mayo for 6,000 acres between Appomatux River 
and Flatt Creek in Prince George County adjoining to the Lands 
of Abraham Burton, Joshua Stevens and William Pride and the 
same to be laid off in one or more tracts. 

James Pitillo for 1,000 acres in Prince George's County be- 
tween the lines of John Kerby, Edmund Irby, Jn° Tillman, Richard 
Cook, James Williams and Rowante road. 

Rich d Randolph for 2,000 acres in Prince George County be- 
ginning on a great branch on the head of Flatt Creek 

John Dandridge on his petition hath leave granted him to 
include in one patent three several Entries each for 400 acres of 
land lying on the North side the Southanna a little above Cubb 
Creek in Hannover County. 



164 Executive Journals, Council of Colonial Virginia 

Thomas Randolph on his petition hath leave granted him to 
include in one patent four thousand acres of land survey'd in 
ten several surveys lying on the north side the north branch of 
James River, and at the foot of the mountains in Henrico County 

Thomas Jones Gent by his petition setting forth that Benja- 
min Brown of Hannover County long since entered for and sur- 
vey'd 1600 acres of land in the said County but hath never re- 
turned the survey nor sued out any patent for the same whereby 
the said Entry is become void and praying a grant thereof it is 
ordered that the said Brown be summoned to appear at the next 
Council held after the Court of Oyer and Terminer in June 
to shew cause why the said land should not be granted to the 
pet r 

Thomas Jones by his petition setting forth that Joseph 
Powell of King William County some years since entered for 
two tracts of land the one containing 1500 and the other 400 
acres on Elk Creek now in Spotsylvania County, but never sued 
out any patent for the same ; and that James Taylor of King and 
Queen County also entered for and survey'd 1500 acres on the 
same Elk Creek without suing out any patent for the same, that 
the said land hath been long since survey'd, & praying grants 
for the said Lands ; It is ordered that the said Powell and Taylor 
be summoned to appear at the next Council after the Court of 
Oyer & Terminer in June to shew cause why the said several 
tracts should not be granted to the petitioner. 

On the petition of John Cosby and Charles Barret setting 
forth that Thomas Carr of King William County long since en- 
tered for eight hundred acres of land lying on both sides the 
south fork of little River ; and joining on the lower end to the 
land of Benjamin Brown and on the upper end to that of Coll° 
Merriwether. 

That the said Carr entered for four hundred acres of land 
lying on both sides the north fork of little River aforesaid join- 
ing on the lower end to the line of that tract called Elk Creek, 
and on the upper end to Benjamin Brown's land, but never sued 
out any patent for either of the tracts abovement" and praying 
they may have a patent for the said land ; It is ordered that the 
said Thomas Carr be summoned to attend at the Council held 
at the next Court of Oyer and Terminer to shew cause why the 
lands before mentioned ought not to be granted to the petitioners ; 
and the pet" are to cause notice be given him accordingly. 



Executive Journals, Council of Colonial Virginia 165 

February 13 th 1727 

Present 

The Governor 

James Blair John Robinson 

W m Byrd John Carter 

Peter Beverley John Grymes & 

John Custis Esq" 

This day his Majesty's Commission under the great Seal 
bearing date the 9 th day of November 1727 in the first year of 
his Majesty's reign constituting the Right Hon ble George Earl 
of Orkney his Majesty's Lieut: and Governor General of this his 
Colony and Dominion of Virginia, and also a Commission under 
his Maj ty ' 8 Royal Signet and Sign Manual bearing date the 17 th 
of October constituting William Gooch Esq r his Majesty's Lieu- 
tenant Governor of this Dominion were read and published in 
the General Courthouse in the presence of the of the Council the 
house of Burgesses now assembled and a great concourse of 
Gentlemen and others. 

After which the Lieut Governor returning to the Council 
Chamber took the oaths appointed by an Act of Parliament made 
in the first year of the reign of his late Majesty King George 
the first Ent d an Act for the further security of his Majesty's 
person and Government and the succession of the Crown in the 
heirs of the late Princess Sophia being Protestants and for ex- 
tinguishing the hopes of the pretended Prince of Wales and his 
open and secret abettors And then subscribed the Test and took 
the oath for the due observation of the Acts of Trade and the 
execution of his office of Lieut Gov 1 " and Commander in Chief 
of this Dominion. 

The Board taking into consideration the proper commission 
and instructions to be given to the Commissioners appointed on 
the part of this Government to settle the boundaries between this 
Colony and the Province of North Carolina It was thereupon 
Resolved. 

That it be an instruction to the said Com" that in case 
those appointed for North Carolina shall fail to appear or being 
present shall refuse to run the dividing line pursuant to his 
Majesty's directions, the Commissioners of Virginia do proceed 
to mark out the same without them 

That it be an instruction to the said Commiss" to treat & 
agree with the Commiss" of North Carolina in the best manner 
they can touching such Islands or small parcells of land which 
may be intersected by the dividing line and which (according 
to the proposals approved by his Mat*, are left to be allotted to 
the one Government or the other as the natural bounds will 
admit 



166 Executive Journals, Council of Colonial Virginia 

Resolved 

That power be given to the said Commiss" in case of re- 
sistance or opposition by the people of Carolina to call to their 
assistance the Militia and posse of the several adjacent Counties 
to remove all force and that the directions & authority aforesaid 
be inserted in the Commission to be given the said Com" under 
the Seal of the Colony and that no other particular instructions 
be given them but what are contain'd in the said Commission, 
which the Clerk of the Council is hereby ordered to prepare 
against the next meeting of the Council 

M r Augustine Smith having by an Instrument under his 
hand relinquished his pretension to a tract of land in Spotsylvania 
County petitioned for by Henry Willis Gent as forfeited by the 
said Augustine for not suing out a patent for the same in due 
time It is ordered that the said tract of land containing 1400 acres 
be granted to the said Henry Willis, he procuring Rights for the 
same, and pursuing the orders of the Government in that behalf 

February 16 th 1727 

Present 

The Governor 

James Blair John Carter 

Cole Digges Rich d Fitzwilliam 

Peter Beverley John Grymes & 

John Robinson John Custis 

Whereas some doubt hath been made whether the exemption 
from purchasing Rights granted by his late Ma" to the persons 
taking up lands in the Counties of Brunswick and Spotsylvania 
doth extend to lands which shall be survey'd but not patented 
before the first of May next; It is the opinion of this Board that 
the said exemption doth extend to all lands actually survey'd 
in the said Counties before the first day of May next, tho' patents 
shall not be passed for the same, and the Surveyors of the said 
Counties are to cause the said surveys to be returned into the 
Secretary's office with all convenient speed. 

February the 27 th 1727 

Present 

The Governor 

Robert Carter John Carter 

James Blair Rich* Fitzwilliam 

Cole Digges John Grymes 

John Robinson W m Dandridge & 

John Custis Esq" 

The Draught of a Commission to William Byrd Rich" Fitz- 
william and William Dandridge Esq" for settling the boundaries 



Executive Journals, Council of Colonial Virginia 167 

between this Colony and the Province of N° Carolina in conjunc- 
tion with the Com" of that Province pursuant to his Mat y '" com- 
mands being prepared was read at the board and approved and 
ordered to be fairly engrossed for the Governor's signing, and 
the Seal of the Colony affix'd thereto. 

This Board having received information that M r Allen one 
of the Surveyors appointed for running the dividing line between 
this Colony and N° Carolina declines going on that service being 
hindred by the dangerous indisposition of his wife the Governor 
with the advice of the Council was pleased to nominate and ap- 
point M r Alexander Irwin Professor of the Mathematicks in the 
College of William and Mary in the room of the said M r Allen, 
and in case he shall refuse to undertake the same, then M r Drury 
Stith is appointed for that service 

A Representation of sundry of the principal Inhabitants of 
the County of Surry complaining of the inconvenient scituation 
of their present Court house, and praying the Gov r to appoint a 
more proper place where a new Court house may be built near 
the Centre of the said County, and also a counter petition of 
divers Inhabitants of the said County praying that the Court of 
the said County may be held where it now is, were severally read 
And it is ordered that the parties be heard thereon before this 
Board on Wednesday the 6 th of next month 

March the 6 th 1727 

Present 

The Governor 

Robert Carter John Robinson 

James Blair John Carter 

Cole Digges John Grymes & 

Peter Beverley John Custis Esq" 

On hearing at the Board the several petitions of the Inhabit' 
of Surry County with the allegations of the several parties touch- 
ing the most convenient place for holding the Court of the said 
County It is ordered that for the more equal determination of the 
dispute between the said parties the Surveyor of the said 
County be and he is hereby required to lay before this Board a 
Map of the said County describing the place where the present 
Court house now stands, and the place proposed for erecting a 
new Court house together with the distance of each from the out- 
ward bounds of the said County, and the consideration of the 
said petitions is referred till the said Map be prepared 

A petition of divers of the frontier Inhabitants of the County 
of Isle of Wight being presented and read at the Board complain- 
ing of the great distance of their Court house from the greater 
part of the said Inhabitants, and praying that the same may be 



168 Executive Journals, Council of Colonial Virginia 

removed nearer the center of the County, It is ordered that the 
Surveyor of the said County prepare a Map of the County de- 
scribing the place where the Court is now kept and the place pro- 
posed by the pet" for erecting a new Court house and that the 
said Map be returned to the Governor to the end this Board 
may be the better enabled to judge of the most convenient place 
for fixing the said Court house. 

Mann Page Esq r present 

On the humble application of Sarah Williamson an Indian 
woman now under sentence of death in the publick Goal for 
murder, the Governor in Council was pleased to admit sundry 
witnesses to be examined, which she alledged would have been 
material for her justification on her tryal, but were through her 
ignorance ommitted to be summoned and, And after examination 
of the said witnesses the Governor having ask'd the advice of 
the Council thereon, they are thereupon of opinion that the wit- 
nesses now produced do not sufficiently make appear her inno- 
cency of the fact for which she stands condemned. 

March the 15 th 1727 

Present 

The Governor 

Robert Carter Peter Beverley 

James Blair John Robinson 

Mann Page John Grymes & 

Cole Digges John Custis Esq" 

A new Commission of the peace for the County of Princess 
Anne was this day ordered with an addition of sundry Gentle- 
men recommended to be Justices in the said County. 

March the 21" 1727 

Present 

The Governor 

Robert Carter Peter Beverley 

James Blair John Robinson 

Mann Page John Carter 

Cole Digges John Grymes & 

John Custis Esq" 

John Grymes Esq r his Maj ty '" Receiver General informing the 
Board that he had in his hands divers Judgments & orders of the 
County Courts in the northern Neck, whereby Fines are laid 
on sundry persons for contempts and breaches of the peace, and 



Executive Journals, Council of Colonial Virginia 169 



desired the directions of the Board whether the same be due to 
the King or to the Proprietors, and particularly as to a fine of 
£ 5 laid by the Court of Lancaster County on Rawleigh Chin 
and the like sum on William Norris for a contempt; The Council 
taking the same into consideration are of opinion that the fines 
above mentioned, and all others of the like nature not particu- 
larly appropriated by Act of Assembly are due to the Proprietors 
of the Northern Neck according to the opinion of his Maj tr * 
Attorney and Sollicitor General on the 2 d Quaery referred to 
them upon the state of the case between the King and the said 
Proprietors; but that all fines imposed on the Inhabitants of that 
Territory either by the General Court or any inferiour Court not 
held within that Territory ought to be accounted for to his 
Majesty as well as all fines and forfeitures arising by virtue of 
any Act of Assembly and recovered in the Courts held within the 
said Neck : And the Receiver General also moving for directions 
touching the forfeiture of the Estate of Thomas Glascock of the 
County of Richmond indicted & outlawed for murder, and the 
forfeiture of the personal Estate of one Moverley of Westmoreland 
County who was found a felo de se. The Council are thereupon 
of opinion that the first of these forfeitures doth belong to the 
Proprietors according to the determination of the Attorney and 
Sollicitor General in the case above mentioned And that the other 
forfeiture of the goods of Moverley do by the express words of 
the said determination appertain to his Majesty and ought to be 
accounted for to his Mat 5 "' Receiver General. But for as much 
as it is very inconvenient for the Sheriffs in the Northern Neck 
to attend the officers of his Majesty's Revenue to pass their ac- 
counts of such small sums as may happen to be received by them 
for fines and forfeitures accruing to his Majesty within that Terri- 
tory It is ordered that the said Sheriffs be and they are hereby 
directed to account with Col° Thomas Lee for all such sums as 
shall come to their hands ; and that they be allowed 5 per Cent 
for collecting and paying the same to him And that the like allow- 
ance of 5 per Cent be given to the said Thomas Lee for receiving 
and paying the same to the Receiver General for his Majesty's 
use. 

March the 30 th 1728 
Present 
The Governor 

Robert Carter Peter Beverley 

James Blair John Robinson 

Mann Page John Carter & 

Cole Digges John Custis Esq" 

On reading at this Board the humble petition of William 
Ford praying that a fine of ten pounds imposed on him by the 
Court of King William County may be remitted : It appearing 



170 Executive Journals, Council of Colonial Virginia 

by the proceedings of the said Court that the said fine was not 
duly assessed The Governor with the advice of the Council is 
pleased to remitt the said fine, and the same is accordingly re- 
mitted of which the Sheriff of the said County and all others 
concerned are required to take notice 

New Commissions of the peace for the Counties of Stafford, 
Northumberland, Isle of Wight, Gloucester and Prince George 
being regulated and settled in Council were ordered to be issued. 

This Board having taken into consideration the several peti- 
tions of the Inhabitants of Surry County and heard the several 
parties touching the most convenient place for holding the Courts 
for the said County, have thought fit to order as it is hereby 
ordered that a Court house for the said County be built on the 
north side of Blackwater Swamp near the main road and bridge 
which leadeth to the plantation of M r Howell Edmonds, that ap- 
pearing by the said County most suitable to the general con- 
veniency of the Inhabitants. 

The Governor acquainting the Council that he intended this 
day to put an end to this session of Assembly & desiring their 
opinion to what time the same shall be prorogued It is thereupon 
Resolved that thursday the 14 th of November will be the most 
proper time for the next Session of Assembly if there shall then 
appear any occasion for their meeting 

The Governor also desiring the Council's opinion if any of 
the Bills agreed on this Session be unfit for his assent 

To which they declared their opinion that all the bills now 
prepared and agreed on by the Burgesses and themselves are 
such as he may readily assent to. 

At a Council held at the Capitol the 17 th 
day of April 1728 

Present 
The Hon b,e William Gooch Esq r his Maj trs Lieut Governor 
James Blair Rich" Fitzwilliam 

Peter Beverley John Grymes & 

John Carter John Custis Esq" 

Whereas Cap' Covel Mayne Commander of his Mat 1 '" Ship 
the Biddiford appointed for this Station hath laid before the 
Governor the information he received at sea from one James 
Seymour Master of a Sloop called the Fancy from Antegoa that 
divers vessels are fitting out by the Spaniards at S l Domingo 
and other ports in the West Indies to cruize on this coast, and 
may be speedily expected: This Board taking into consideration 
the danger to which the shipping in this Colony may be exposed 
from the said Privateers have thought fit to order as it is hereby 
ordered that an Embargo be laid on all ships and vessels out- 
ward bound until the 6 th day of May next at which time they 
are hereby appointed to rendezvous at the mouth of the James 



Executive Journals, Council of Colonial Virginia 171 

River and thence to proceed under the convoy of his Majesty's 
aforesaid ship the Biddiford, and the Naval Officers are hereby 
directed to give immediate notice hereof to the Masters of ships 
in their respective Districts, and to take the usual bonds directed 
by law for their observing this Embargo And it is further ordered 
that after the said sixth day of May the like Embargo be con- 
tinued until publick notice be given from time to time for the 
making up of Fleets to go under the convoy of his Mat 5 " 3 said 
ship as the Captain thereof shall be ready to take them under 
his protection. 

On the application of Cap' Covel Mayne Commander of his 
Maj ty ' 9 ship the Biddiford Ordered that a proclamation issue 
prohibiting the entertaining and harbouring the seamen belong- 
ing to the said ship and for apprehending and securing all de- 
serters that shall be found stragling about the Country 

April the 23 d 1728 

Present 

The Governor 

James Blair Rich d Fitzwilliam 

William Byrd John Grymes 

Cole Digges W m Dandridge & 

Peter Beverley John Custis Esq" 

The Governor in Council was pleased to nominate and ap- 
point the following persons to be Sheriffs for the ensuing year 
Viz: 

James City Henry Power 

New Kent W m Henry 

Charles City Benj* Harrison 

Hannover Will™ Fleming 

Henrico Francis Epes 

Eliz" City Joshua Curie 

York William Stark 

King William William Claiborne 

Accomack Rich d Drummond 

Essex James Garnett 

Nansemond Dan 1 Pugh 

Isle of Wight Hardy Council 

Princess Anne Thomas Haynes 

Norfolk George Newton 

King & Queen Christopher Beverley 

Warwick John Langhorne 

Surry Howell Edmunds 

Northampton Ralph Rigot 

Prince George William Poythres 

Middlesex Oliver Seager 



172 Executive Journals, Council of Colonial Virginia 

The Governor with the advice of the Council this day nomi- 
nated and appointed the Justices for the new erected Counties 
of Caroline and Goochland Viz : 

For the County of Caroline 

John Lomax, William Woodford, Thomas Carr, John Martin, 
Richard Buckner, Thomas Catlett, Francis Thornton John Bat- 
tails of the Quorum John Sutton, Ambrose Maddison, John Cat- 
let, John Taliaferro, Francis Conway, Lunsford Lomax, Robert 
Woolfolk, Walter Chiles, Thomas Buckner and Richard Maulden 
Gent 

William Woodford Gent is appointed Sheriff of this County 
for the ensuing year. 

And for the County of Goochland 

Thomas Randolph, John Fleming, W m Mayo, John Woodson 
Dan 1 Stonar of the Quorum Rene la force, Tarleton Fleming 
Allen Howard and Edward Scott Gent Justices 

And Daniel Stonar Gent is appointed Sheriff of this County 
for the ensuing year 

Whereas by the division of Essex County and the erection 
of that of Caroline, the place heretofore appointed for holding 
the Courts in the said County of Essex is become very incon- 
venient to the Inhabitants of the same as it is now constituted 
It is therefore ordered by the Governor with the advice of the 
Council that the Court for the said County of Essex be for the 
future held and kept at Tappahannock town, and that the Jus- 
tices of the said County do take care that a Court house be erected 
there for that purpose with all convenient speed. 

New Commissions of the peace for the Counties of King 
William, Accomack and Northampton were this day ordered to 
be issued with the addition of sundry new Justices nominated in 
Council. 

April the 27 th 1728 

Present 

The Governor 

Robert Carter Peter Beverley 

James Blair John Grymes 

William Byrd W m Dandridge & 

Cole Digges John Custis Esq" 

Whereas the great and unusual number of Caterpillars which 
have overspread the whole Country threaten the destruction of 
the fruits of the Earth It is ordered that Friday the 17 th day of 
May next be observed throughout this Dominion as a solemn day 
of fasting and humiliation to deprecate the anger of the Almighty, 
and to implore his mercy in averting the impending Judgment, and 
that a proclamation be prepared and issue accordingly. 



Executive Journals, Council of Colonial Virginia 173 

This Board taking into consideration the distress into which 
the Inhabitants of divers parts of this Colony are like to fall 
through the scarcity of Corn, if timely care be not taken to pre- 
vent the exportation thereof It is ordered that a proclamation 
issue prohibiting the exportation of Indian Corn, wheat, pease and 
other grain, and of flower or meal until further order. 

Whereas upon the erecting the Counties of Brunswick & Spot- 
sylvania the sum of five hundred pounds was given by the General 
Assembly and deposited in the hands of certain Trustees for the 
building a Church and Court house in the said County of Bruns- 
wick, which money is yet unapplied to those purposes: It is or- 
dered that the said money remain still unapplied until the bound- 
aries between this Colony and North Carolina be settled, that it 
may be better known where the said Church and Court house 
ought to be erected for the general conveniency of the Inhabi- 
tants of the said County 

It is Resolved and Ordered that the salary to the Messenger 
and Keeper of the Council Chamber be fifteen pounds per annum 
to be paid out of his Mat rs Revenues of 2s per hogshead &c. 

The ace' of contingent charges for the last half year was this 
day examined in Council and allowed. 

John Carter Esq r present. 

The acco ts of sundry disbursements for repairing the Gov" 
house were examined and allowed. 

Ordered that the sum of eighty pounds Cur' money be paid 
to Joseph Sutton Joiner, if he will accept the same in full of his 
account for the work done at the Governor's house but if he re- 
fuse the same, it is ordered that the Receiver General do appoint 
fit persons with such as the said Sutton shall name to view and 
value the said work, and that so much as shall appear due to him 
on such valuation be paid him at the passing the next half years 
accounts of the Revenue. 

The Commiss" appointed for settling the boundaries between 
this Colony and North Carolina having laid before the Board an 
account of the expences & disbursements so far as they have pro- 
ceeded in that service, the same was examined & allowed. 

The following persons were appointed by the Governor to be 
Sheriffs for the ensuing year Viz : 

For the County of 

Richmond Samuel Peachey 

Lancaster Henry Fleet Jun r 

Northumberland John Shapleigh 

Westmoreland Aug' Washington 

Stafford Dennis M c Carty 

King George Joseph Strother 

Spotsylvania Larkin Chew 

Glocester Peter Whiting 



174 Executive Journals, Council of Colonial Virginia 

On the petition of Charles Kimball Interpreter to the Saponie 
Indians, It is the opinion of the Council that in consideration of the 
trouble and pains he is obliged to take in that service his Salary- 
be augmented to four thousand pounds of tobacco per annum And 
that the same be recommended to the House of Burgesses at the 
next Session of Assembly. 

May the 2 d 1728 

Present 

The Governor 

William Byrd Peter Beverley 

Cole Digges John Carter & 

John Grymes Esq" 

The following Warrants on the Receiver General to be paid 
out of his Majesty's Revenues were this day sign'd by the Governor 
in Council Viz: 

Out of the 2s per hogsh", port duties & head money 

To the Governor l / 2 years salary ending the 25 th 

April £1000,,—,,— 

To the Gentlemen of the Council for the same 

time 175,, — 

To the Judges and officers of the Court of Oyer 

and Terminer held in December 100,,- 

To the Aud r General of the Plantations half a 

years salary ending the 25th of April 50„ — 

To the Sollicitor of the Virginia affairs for the 

same time 50,, — , 

To the Attorney Gen 1 for the same time 20„ — 

To the Clerk of the Council for the same time. . 50„ — 

To the Armourer for the same time 6„ — 

To sundry Ministers for their attendance on 

Gen" Court and Assembly 20„ — , 

To William Prentis for sundry expresses and 

other contingent Charges 465,, 3„ 6^ 

To William Prentis for sundry repairs and other 

services about the Governor's House 147,, 5,, 2 

To William Prentis for the Gunners of the sev 1 

Batteries 20„— 

To sundry expences in settling the Boundarys. 185,, — 

Present Robert Carter Esq r and M r Commissary Blair 

On reading at this Board the petition of Henry Willis in be- 
hclf of John and Robert Willis his sons setting forth that about 
twelve months ago he made two several Entries with M r Aug' 



Executive Journals, Council of Colonial Virginia 175 

Smith Surveyor of Spotsylvania County in the name of the said 
two sons, each for one thousand acres of land in the said County, 
intending to take out patents for the same upon the exemption 
granted by his late Majesty to persons taking up lands in that 
County; That the said M r Smith neglected to survey the said 
Entries during his continuance in his office, and that M r George 
Home the present Surveyor either by misinformation, or some 
other mistake has survey'd fifteen hundred acres of the above land 
in one entire Tract, without distinguishing the shares belonging to 
each respectively, and praying that the said land may be divided 
and separate patents granted to the said Robert and John accord- 
ing to the true intent of the said Entries. The Governor with the 
advice of the Council is hereby pleased to order that the Surveyor 
of Spotsylvania County do divide the said fifteen hundred thirty 
one acres into two equal parts, and return separate surveys thereof 
into the Secretary's office as he ought to have done before without 
further charge to the pet r and that thereupon the said Robert and 
John Willis have patents granted them respectively on the same 
terms as they would have been entitled to if their said Entries 
had been duly survey'd at first. 

May the 4 th 1728 

Present 

The Governor 

Robert Carter Peter Beverley 

James Blair John Carter 

William Byrd John Grymes & 

Cole Digges John Custis Esq" 

Ordered 

That new Commissions of the peace issue for the Countys of 
Spotsylvania, Richmond, and Elizabeth City with the addition of 
the several new Justices recommended and approved at the Board. 

The Acco 1 of his Majesty's Revenue of Quit Rents for the 
past year being examined by Henry Willis Gent Deputy Aud r pro 
tempore, was sworn to by the Receiver General and certified by the 
Governor as usual Also 

The Acco' of his Maj ty ' s Revenue of 2 shillings per hogshead 
port duties and head money for the half year ending the 25 th of 
[April] being examined by the same Deputy Auditor was sworn 
to by the Receiver, and in like manner certified by the Governor. 



176 Executive Journals, Council of Colonial Virginia 

At a Council held at the Capitol the 13" 1 of June 1728 

Present 

The Hon ble The Governor 

James Blair John Robinson 

William Byrd John Carter 

Mann Page Rich d Fitzwilliam 

Cole Digges John Grymes 

Peter Beverley William Dandridge & 

John Custis Esq" 

New Commissions of the peace for the several Counties in 
this Colony to which the like Commissions have not issued since 
his Majesty's accession were this day regulated in Council and 
Ordered to be issued accordingly. 

It being represented to this Board that the place lately ap- 
pointed for erecting a new Court house in the County of Surry will 
be attended with some inconveniences to the Inhabitants resorting 
thereto, and that about half a mile from thence on the south side 
of Blackwater, there is a convenient place near to a good spring 
where the said Courthouse may more properly be fix'd, It is accord- 
ingly ordered that the Courthouse for the said County be erected on 
the land of M r Howel Edmunds near the great road which leads 
from the bridge through his plantation, and as near as conveniently 
may be to his spring, that place appearing to this Board to be 
most suited to the general conveniency of the Inhabitants. 

John Simmons of the County of Surry Gent praying leave to 
survey and patent a certain tract of land commonly called Raccoon 
Island lying on the south side of Nottoway River in the County of 
Isle of Wight, formerly assign'd to the Nottoway Indians for their 
Quiocosine house or place of burial, and by them deserted, It is 
Ordered that leave be granted to the pet r to take up the said land 
he producing authentick testimonials of the said Indians relinquish- 
ing their pretensions thereto in his favour. 

William Cradock of the County of King William Gent mov- 
ing for leave to examine witnesses to prove his title to a tract of 
land in the said County now in dispute between him & Richard 
Philips It is ordered that the said William Cradock have leave to 
examine upon oath such witnesses as he shall think necessary be- 
fore any Justice of the peace of the County of King William giv- 
ing due notice to the said Philips of the time and place of such 
examination and it is further Ordered that the Justice or Justices 
before whom such examination is taken do certify the depositions 
of the said witnesses to the Council office before the next Court of 
Oyer and Terminer, at which time the parties are to be heard 
upon their several pretensions to a grant of the land in controversy. 



Executive Journals, Council of Colonial Virginia 177 



On reading at this Board the petition of John Cosby & Charles 
Barret for a grant of two Tracts of land in Hannover County one 
containing 800 acres lying on both sides the south fork of little 
River, and the other containing 400 on both sides the north fork 
of little River, which said tracts were long since entered for & 
surveyed by Thomas Carr of King William County who hath fail'd 
to sue out a patent for the same, but it being urged in behalf of 
the said Carr that there are no such Entries made by him as are 
suggested in the said petition; It is thereupon ordered that the 
parties be heard before this Board at the next Court of Oyer and 
Terminer, and that the Surveyor of Hannover County do then at- 
tend with his book of Entries ; and the pet" have liberty to bring 
such other proof as they shall judge necessary to make out the 
allegations of their petition, and to make appear that the land 
petitioned for is the same which the said Carr entered for with 
the Surveyor. 

The several petitions of John Cosby, Thomas Jones and John 
Syme for a tract of land fqjrmerly survey'd for Thomas Carr lying 
on Gold mine run or Golden Creek, in the County of Hannover 
and for which no patent hath been sued out by the said Carr are 
referred to be heard before this Board on the fifth day of the next 
General Court, when all the said parties are ordered to attend, and 
the said Syme is to bring with him his book of Entries, and no 
patent to issue to the said Carr or any other person in the mean 
time 

On the petition of John Cosby and Charles Barret and by con- 
sent of Benjamin Brown It is ordered that patents be granted to 
the pet" for four hundred acres of land formerly survey'd by the 
said Brown on the south fork and four hundred acres on the north 
fork of little River in the County of Hannover & joining to the 
Entries of Cap* Thomas Carr on the said several forks. 

On the petition of Stephen Chastein for eight hundred acres 
of land lying in S' James's parish in the County of Goochland on 
the great fork of upper Manakin Creek survey'd for Peter Fon- 
taine Clerk about six years ago, but no patent sued out for the 
same, It is ordered that the parties be heard thereon at the next 
Court of Oyer and Terminer, and the Surveyor of the County of 
Henrico is ordered to attend with his book of Entries. 

On the petition of John Brunskill Clerk leave is granted him to 
take up and patent four hundred acres of land in the County of 
King William joining to the land purchased by the pet r of Rob' 
Axton and Thomas Ham Senior, and to include the whole in one 
patent. 

John Fitzgerald by his petition setting forth that about eight 
years ago there was survey'd for James Grecian three parcels of 
land Viz' one of 250 acres on the southside of Maherine River, and 
another of 145 on the north side of the said River both in Isle 
of Wight County and one other tract of 185 acres on the south 
side of Fountain's Creek in Brunswick County That the said 



178 Executive Journals, Council of Colonial Virginia 

James Grecian is since dead, and neither he in his life time, nor any 
other person since his decease have sued out patents for any of 
the said tracts, and praying a Grant thereof conformable to the 
orders of government It is ordered that the pet r give notice to the 
heir at Law of the said James Grecian if he is to be found, or 
otherwise cause publication to be made at the Court house of 
Isle of Wight County that unless the heir of the said Grecian, or 
some person in his behalf do appear before this Board at the next 
Court of Oyer & Terminer, and shew sufficient cause why patents 
for the said land have been so long delay'd that the same will 
then be granted to the petitioner 

On the petition of Thomas Jones Gent for a Grant of 1900 
acres of land in Hannover County formerly survey'd for Joseph 
Powell and 1500 acres formerly survey'd for James Taylor both 
lying on Elk Creek in the said County It is ordered that the said 
Powell and Taylor have notice to attend this Board at the next 
Court of Oyer and Terminer to show cause why the said land 
ought not to be granted to the petitioner. 

On reading at this Board the several petitions and Caveats of 
Humphrey Pope, and John Edy for stopping a Grant to Henry 
Willis Gent for land in the little fork of Rappahannock River in 
Spotsylvania County together with the petition and Caveat of the 
said Henry Willis against a patent sued out for part of the said 
land by Charles Duit & it appearing by the said several petitions 
that Augustine Smith late Surveyor of the County of Spotsylvania 
is accused of misbehaving himself in his office in relation to the 
Entries made by the said pet" It is Ordered that the parties 
aforesaid be heard before this Board on the fifth day of the next 
General Court, at which time the said Aug 1 Smith and George 
Home the present Surveyor of Spotsylvania are hereby required 
to attend with their respective books of Entries in order to the bet- 
ter clearing the matters in difference between the pet", and justify- 
ing their own conduct as to the matters represented in the said 
several petitions. 

On the petition of Doctor George Nicholas for a Grant of 
3000 acres of land in Spotsylvania County on a brook called plenti- 
ful River survey'd in October 1721 for John Camm and Samuel 
Smith who have fail'd to sue out a patent for the same It is or- 
dered that the said Camm and Smith have notice to attend this 
Board at the next Court of Oyer and Terminer to show cause 
why the said land ought not to be granted to the petitioner. 

The several petitions of Doctor George Nicholas for a Grant 
of 400 acres of land in Hannover County between the land of 
William Fleming and the River Northanna long since survey'd 
for Thomas Carr Gent who hath fail'd to sue out a patent for 
fhe same & 

John Henry for a Grant of 400 acres of land on the branches 
of great Rocky Creek in the said County of Hannover survey'd in 



Executive Journals, Council of Colonial Virginia 179 

Nov r 1723 for John Kimbrow of Spotsylvania County & Baldwin 
Rocket for a grant of a certain tract of land on licking hole Creek 
in the County of Goochland survey'd for Booth Napier 

of Benjamin Walker for 400 acres of land on Pole Cat Swamp 
in King William County long since survey'd for George Douglas. 

of Ambrose Joshua Smith for 4000 acres of land on Deep & 
Fork Creeks in Hannover County long since survey'd for John 
Syme, Isaac Winston, William Morris and George Alves & 

of the said Ambrose Joshua Smith for 5000 acres of land in 
Goochland County formerly Henrico Joining on the line which 
divides that County and the County of Hannover and on the heads 
of Deep and Fork Creeks and branches of James River formerly 
survey'd for John Syme, Isaac Winston, William Morris, George 
Alves and John Mackie & 

of James Nevil for 800 acres of land on the south side of 
James River in Henrico County formerly survey'd for Benj" Wat- 
kins. & 

of Charles Chiswell Gent for four hundred acres of land lying 
on a branch called Contrary Run in the County of Hannover long 
since survey'd for Thomas Dickenson of the said County 

were severally read at the Board and it is ordered that the 
several persons claiming an Interest in the said lands by virtue 
of Entries or surveys have notice respectively to attend this Board 
at the next Court of Oyer and Terminer in order to a hearing & 
determination of their and the petitioners several pretensions to 
the said lands. 

Ordered 

That the several persons who have entered Caveats in the 
Secretary's office for stopping of patents for land now sued out be 
and they are hereby required to attend this Board at the next 
Court of Oyer and Terminer, and also to give timely notice to the 
parties whose patents they desire to stop to attend at the same 
time, in order to a determination of their respective pretensions 
to the lands in controversy, and that Copies of this Order be sent 
to the persons following whose Caveats are now depending Viz' : 

John Wall of Brunswick County against a patent to Thomas 
Tomlinson of Surry County for 430 acres of land lying on the 
north side of Cat tail Creek in Brunswick County. 

Stephen Chastein of Henrico County against a patent to 
Anthony Rapin of the same County for 274 acres of land on the 
south side of Jones's Creek 

John Hamlin of Prince George County ag' William Davis 
for land lying on the fork of Sturgeons run in Brunswick County 

John Lear of Nansemond County Gent ag l Rich" Brothers of 
the same County for 195 acres of land lying near Orapeak in the 
same County. 

Bailey Hinman of Accomack County ag* Ebron Bird for 900 
acres of land lying between Muddy Creek and Guilford Creek in 
the same County 



180 Executive Journals, Council of Colonial Virginia 

Richard Ogelby ag l Amos Lad for 250 acres of land being 
the broad low grounds over ag l Tottero in the County of Henrico. 

Elizabeth Taliaferro widow of Rob' Taliaferro ag 4 William 
Edings, Dennis Lindsay and Southwell for lands in 

Spotsylvania County within the bounds of a survey made by her 
deceased husband sometime before his death 

On the petition of Henry Willis setting forth that by patent 
dated the 21 st of June 1723 twelve thousand acres of land in St 
George's parish in the fork of the Rappidan River were granted 
to Cole Digges and Peter Beverley Esq" and Will™ Robertson 
Gent That the said Patentees not cultivating the said land ac- 
cording to the Condition of the said patent, David Bray of James 
City County Gent petitioned for the same as lapsed, and thereupon 
obtain'd an order of the General Court dated the 2 d of May 1726 
for the same land as lapsed but hath neglected to sue out any 
patent for the same, and praying a Grant thereof to be made to 
him It is ordered that unless the said David Bray do sue out a 
patent for the land aforesaid before the next General Court, that 
the same be then granted to the pet r 

Benjamin Edwards Gent petitioning for a grant of 2000 acres 
of land formerly appropriated for the officers and men design'd 
for the Fort of Christanna, but now become vacant through the 
slighting of the said Fort, but it appearing to the Board that the 
said Tract is within the bounds assign'd for the accomodation 
of the Saponie Indians, the said petition is rejected. 

Several petitions for leave to take up his Majesty's lands were 
read and granted as follows viz : 

John Holloway for 300 acres of land in the County of Nanse- 
mond beginning at the mouth of Nottoway River, & bounding on 
the dividing line between this Colony and North Carolina and 
running up the same to the lines of Coll° John Allen, & Richard 
Williams and thence to Nottoway River, and down the said River 
to the beginning. 

Benjamin Harrison for 1,000 acres lying on the south side of 
James River, and beginning on the head of Ashford Hughes's entry 
and running up to Willis's Creek in Goochland County. 

William Dunnifant for 1000 acres in Prince George County 
beginning at a branch called the barkhouse branch on his own line 
thence up the said branch to the poison'd fields, thence on his own 
lines to Hugh Braggs and William Kennon's lines to the head of 
Wolf's branch. 

Richard Price for 4,000 acres lying on the southside Roanoke 
River beginning at a place called Jackyoke, and down the said 
River to compleat that quantity 

Larkin Chew, Joseph Smith, William Russel, John Chew and 
Larkin Chew Jun r for 10,000 acres lying on both sides of happy 
Creek and joining on the great mountains, and so up Cape Leanock 
run for that quantity in Spotsylvania County 



Executive Journals, Council of Colonial Virginia 181 

Thomas Chew, William Johnson and George Home for 6000 
acres lying in the fork of Leanock Run and on the southside thereof 
in Spotsylvania County. 

John Ferguson for 1200 acres lying on the third branch of 
swift Creek joining on his patented land, with an inclusive patent 
for both tracts in Henrico County. 

Henry Vanderhood for 1200 acres on the southside of James 
River joining on the lands of Daniel Stonar and Stephen Hughes 
in the same County 

Alexander Marshal for 1,000 acres joining on his own line and 
those of John and Hotford Pride, James Akin, Henry Clay, Col° 
William Randolph, Richard Randolph and Thomas Lockett with 
an inclusive patent for that and two thousand acres already granted 
the pet r on the Southside of Appomatux River in Goochland County 

Francis Epes for 5000 acres joining on the lines of William 
Harding, Samuel Good, Thomas Tanner and the pet 1 " 3 own line 
with an inclusive patent for that and two thousand three hundred 
acres already patented on Skin quarter Creek 

William Pride for 1200 acres of land lying on the southside 
of Appomatux River beginning at a small spring branch running 
into the River near ag 1 the beaver ponds of fighting Creek thence 
on either or both sides of the River for that quantity in Prince 
George County. 

Peter Jones for 800 acres lying on West Creek beginning at 
old Shells ford and running up the Creek for that quantity in 
Prince George County 

John Jones for 600 acres lying on the north side of Nottoway 
River on both sides the Beaver pond branch in Prince George 
County 

William Baker for 1500 acres banks and low grounds lying 
on the fork between Blackwater River and Sanerton Creek and 
adjoining to his patented land in Nansemond County. 

Benj" Harrison for 1,000 acres of land joining on his old pat- 
ented Tract on the south side of Nottoway River in Surry County 
being barrens and to have an inclusive patent for that his old 
tract and three other tracts lately survey'd adjoining thereto, one 
consisting of 470 acres, another of 340, and the third of 290. 

Larkin Chew, Joseph Smith, Thomas Chew, William Russel, 
William Johnson and George Home for 10,000 acres lying on the 
fork of Cape Leanock run in Spotsylvania County. 

Thomas Carr for all the King's land lying between the lines 
of Will™ Terrell, Joel Terrell, Richard Mauldin, W m Portens, Aug* 
Moore, William Biggers and William M c gehee in King W m County. 

William Jones for 500 acres lying on the northside of Notto- 
way River, including his former survey in Prince George County. 

William Vaughan for all the wast land between the lines of 
Adam Topley More and Richard Smith and from thence to Thomas 



182 Executive Journals, Council of Colonial Virginia 

Wilson's line including the pet r '' two surveys upon Nottoway 
River in Surry County. 

Charles Birk and Giles Carter for 2,000 acres in Prince George 
County beginning on Edward Booker's or Cobbs's head line upon 
Flatt Creek running upon the East side of beaver pond branch of 
Flatt Creek extending back into the woods to compleat that 
quantity. 

Henry Anderson for 4,000 acres of land lying on the north & 
south sides of Nibbs Creek in Prince George County 

Henry Anderson for 2,200 acres lying on beaver pond branch 
joining to Henry Randolph's land and down Smack's Creek joining 
to Cap* Will 1 " Worsham's land in Prince George County. 

Henry Anderson for 2,000 acres on the branches of Deep Creek, 
and so on to the branches of Nibbs Creek in the same County 

John Jackson for 1,000 acres joining to and including his 
old land on Burchen Swamp in County 

Theodoric Bland on his petition hath leave granted him to 
include in one patent several surveys by him made on Nottoway 
River, joining on a tract called Buckskin survey'd by the pet r '* 
father. 

August the 15 th 1728 

Present 

The Hon b " William Gooch Esq r Governor &c. 

John Grymes Esq' presented a Warrant under his Maj tr " Sig- 
net and Sign Manual bearing date the 31 st of January 1727/8 con- 
stituting him Receiver General of all his Mat"'" Revenues within 
this Colony, and having together with Archibald Blair and Francis 
Willis Gent his securities entered into Bond to his Mat 7 in the 
sum of six thousand pounds Sterling for the due discharge of that 
office took the Oaths appointed by an Act made in the first year 
of his late Mat rs Reign entituled an Act for the further security 
of his Maty's person and Government, and the succession of 
the Crown in the heirs of the late Princess Sophia, being protest- 
ants, and for extinguishing the hopes of the pretended Prince of 
Wales, and his open and secret Abettors, subscribed the Test and 
took the Oath for the due execution of the said Office. 

A Deputation from the Hon ble Horatio Walpole Esq r Auditor 
General of his Maj' 5 "" plantations constituting John Blair Gent 
Deputy Auditor of his Majesty's Revenues in this Colony was pre- 
sented at the Board and read, and thereupon the said John Blair 
took the oaths appointed by an Act made in the first year of his 
late Maj ,r " Reign Entituled an Act for the further security of his 
Maj' r " person and Government and the succession of the Crown 
in the heirs of the late Princess Sophia, being protestants, and for 
extinguishing the hopes of the pretended Prince of Wales, and his 



Executive Journals, Council of Colonial Virginia 183 

open and secret Abettors, subscribed the Test, and took the oath 
for the due execution of the said office. 

On the application of the Officers of his Maj ty ' s Revenue it is 
Ordered that a number of Rights not exceeding the value of five 
hundred pounds be made out and disposed of towards the supply- 
ing such persons as shall have occasion to take up land 

Whereas it appears by the publick prints as well as private 
advices from Great Britain that on the ratification of the pre- 
liminary articles between his Majesty and the Catholick King all 
hostilities between the nations are ceased, and that orders have 
accordingly been dispatched to the Spanish West Indies, It is 
therefore Ordered that the Embargo laid by this Board the 17 th 
of April be from hence forth discontinued of which the officers of 
the customs within this Colony are required to take notice, and 
to signify the same to the Masters of the Ships & other vessels 
trading in their respective districts. 

Whereas Abraham Lewis Master of the Ship Mortimer & Mark 
Whitson Master of the Ship Rappahannock of Bristol in contempt 
of the orders of Government for laying an Embargo did depart 
this Colony without the Convoy appointed for the security of the 
Trade, It is ordered that the Bonds given by the said Lewis and 
Whitson be prosecuted as soon as they or either of them shall re- 
turn back to this Colony. 

On reading at this Board the petition of Robert Baylor of 
King and Queen County Gent setting forth that he is inform'd 
there is above four thousand acres of land not yet granted by his 
Majesty or his predecessors lying in the Counties of King and Queen 
and Essex between and adjoining upon the lands of Peter Beverley 
Esq r Joseph Smith, Thomas Barnet and others for which the pet r 
hath made Entries with the respective Surveyors, and praying that 
the said Surveyors may be directed to lay out the said ungranted 
Lands to him as being the first discoverer thereof not exceeding 
four thousand acres in the whole ; It appearing to this Board that 
the lands described by the pet r interfere with a patent granted to 
Edward Hill Esq r dec d and probably may be part of the lands con- 
tain'd within the bounds of the said Patent upon which there has 
lately been a suit in the General Court and an appeal now depend- 
ing before his Majesty in his privy Council between John Carter 
Esq r and Elizabeth his wife and John Baylor Infant It is therefore 
ordered that the consideration of the said petition be referred until 
the determination of the said Appeal and in the mean time that 
neither of the Surveyors of the said Counties do make any surveys 
or receive Entries for any of the lands in dispute between the said 
parties or thereto adjoining until further orders be given therein. 

Richard Ambler of York Town Esq r by his petition setting 
forth that between the land appropriated for the said Town & the 
River there lies a beach of sand which at high tides is overflowed, 
but nevertheless may with some expence & labour be made con- 



184 Executive Journals, Council of Colonial Virginia 

venient for building warehouses for the securing merchandizes of 
great bulk and weight, which through the steepness and height of 
the bank cannot easily be conveyed into the town that the pet r 
is desirous to erect a warehouse on the said Beach adjoining to that 
place called the Church landing, & praying that eighty foot square 
of the said beach may be granted him by patent for the purpose 
aforesaid, with power to enlarge the same by making a wharf into 
the river w ch may be of great benefit to the trade of that Town ; 
It is accordingly ordered that the said Richard Ambler have leave 
to survey eighty foot square of the said beach near the Church 
landing in York town, and that a patent be granted him for the 
same, with power to extend a Wharf of the same breadth from 
thence into the river provided always that the ground hereby as- 
signed him be laid out so as not to encroach upon the publick 
landings or the Streets leading through the said Town to the 
River side. 

Thomas Nelson of York town Merchant by his petition set- 
ting forth that between the land appropriated for the said Town 
and the River there lyes a beach of sand, which at high tides is 
overflowed, but nevertheless may, with some expence & labour, be 
made convenient for building warehouses for the securing mer- 
chandizes of great bulk & weight, which through the steepness 
and height of the bank, cannot easily be conveyed into the Town, 
that the pet r is desirous to erect a warehouse on the said beach 
opposite to his own Lotts, and adjoining to the landing he now 
useth, and praying that eighty foot square of the said beach may 
be granted him by patent for the purpose aforesaid, with power 
to enlarge the same by making a Wharf into the River, which 
may be of great benefit to the Trade of that Town, It is accord- 
ingly ordered that the said Thomas Nelson have leave to survey 
eighty foot square of the said beach adjoining to the landing he 
now useth in York Town, and that a patent be granted him for 
the same with power to extend a Wharf of the same breadth from 
thence into the River, provided always that the ground hereby 
assign'd him be laid out so as not to encroach upon the public 
landings, or the Streets leading through the said Town to the River 
side. 

The Governor acquainted the Board that upon M r John Blair's 
receiving his Commission to be Deputy Auditor of his Majesty's 
Revenues, he had appointed M r Lewis Burwell to be Naval Officer 
of the upper District of James River in the room of the said M r 
Blair, which appointment was approved. 

Alexander Kennedy by his petition setting forth that two 
hundred acres of land in Sawyers Swamp in the County of Eliz* 
City was about thirty years ago taken up & surveyed by one Henry 
Jenkins who sold the same to William Armistead late of Eliza- 
beth City County dec" and is now in the possession of Robert 
Armistead Jun r who severally held the same without suing out any 



Executive Journals, Council of Colonial Virginia 185 

patent, and praying a Grant thereof ; It is ordered that the said 
Robert Armistead be summoned to appear at the Council to be 
held the next Court of Oyer & Terminer to answer the said petition 

August the 16 th 1728 

Present 

As Yesterday 

The great men of the Nottoway & Saponie Indians together 
with the Tottero King this day attending the Governor in Cotfticil, 
the said Tottero King complain'd that the Nottoway Indians some 
time since attack'd and killed his son near to his own house, and 
charges an Indian of that nation named Hickory particularly as 
one of the party which was also confirm'd by a Letter from Cap' 
Thomas Avent an Inhabitant of that neighborhood that the Tottero 
King's son on his death bed told him he knew the said Nottoway 
Indian named Hickory was one of the Indians that fired at him, 
and afterwards came up & knock'd him down with a Tammahawk ; 
and thereupon the Nottoway Indians being heard denied that any 
of their Indians were at that time abroad, and declared that that 
Indian named Hickory had been so sick from the month of March 
las that he had scarce been able to walk, until after the time the 
afores" murder was committed. The Board taking into considera- 
tion the matter of the said complaint thought fit to order that the 
King of the Nottoways and one other of the great men of that 
nation be committed to the publick Goal until they produce the 
aforenamed Hickory ; and that the further consideration hereof be 
referred to Thursday the 22 d instant. 

And upon consideration of the Complaint of the Nottoway 
Indians charging the Saponies with the murder of two of their 
people last month at a Cabbin near Nottoway Town the said 
Saponie Indians denying the same, and alledging that one John 
Ray and one John Humphreys Inhabitants of Brunswick County 
had inform'd them that a Tuscaruro Indian had owned that he 
with other Tuscaruro's were the persons that killed the two afore- 
said Nottoways ; It is ordered that Tom & Mahenip two of the 
Chief of the Saponie Indians be committed to the public Goal until 
the said Ray and Humphreys be examined touching the said Re- 
port, and that they together with Cap 1 Thomas Avent do attend 
this Board on Thursday next, till which time the further examina- 
tion of this matter is referred. 



186 Executive Journals, Council of Colonial Virginia 

At a Council held at the Capitol the 22 d of August 1728 

Present 

The Governor 

James Blair Rich" Fitzwilliam 

William Byrd John Grymes 

Peter Beverley Will m Dandridge & 

John Carter John Custis Esq" 

The great men of the Nottoway & Saponie Indians according 
to former order attended the Governor in Council and being sev- 
erally heard upon the subject matter of their complaints ag' each 
other, and Cap* Thomas Avent having also upon his oath testified 
that the Tottero King's son some days before his death, & while 
he was in his perfect senses declared to him that he very well 
remembered Hickory a Nottoway Indian with whom he was ac- 
quainted at the College was one of the persons that fired at and 
wounded him and afterwards came up to him with a Tammahawk 
and knocked him down The Board taking the same into consider- 
ation think fit to order as it is hereby ordered that the said Notto- 
way Indian named Hickory be forthwith committed to the publick 
Goal in order to his tryal for the said offence at the General Court 
in case his Majesty's Attorney General shall find such further 
proof against him as may be sufficient to convict him thereof. 

And forasmuch as it appears upon the examination of John 
Ray and John Humphreys that what was alledged by the Saponie 
Indians at the last Council is entirely groundless, and there appears 
great reason to suspect that some of the Saponie Nation are guilty 
of the murder charged on them by the Nottoways, it being made 
appear by the testimony of Cap' Thomas Avent that the said 
Saponie Indians had declared to him they would not be satisfied 
till they had killed four of the Nottoways in revenge for the 
death of the Tottero King's son ; it is ordered that Tom & Harry 
Irwin two of the said Saponies be committed to the publick Goal 
there to remain until further order be given concerning them at 
the next General Court unless the said Saponies do in the mean 
time deliver up such of their nation as were concerned in the mur- 
der of the said Nottoway Indians : And whereas Pyor another 
of the Saponie Indians hath threatened the life of Coll Henry 
Harrison, it is also ordered that the said Pyor be committed to the 
public Goal until further order. 

John Simmons Gent having petitioned for a Grant of a certain 
tract of land lying on the south side of Nottoway River in the 
County of Isle of Wight commonly called Raccoon Island, formerly 
assign'd the Nottoway Indians for a place of burial, the great men 
of the said Indians this day appeared before the Governor in Coun- 
cil, & relinquished their pretensions to the said Island, and it is 
thereupon ordered that upon the said Simmons's returning a Plott 



Executive Journals, Council of Colonial Virginia 187 



and Survey thereof into the Secretary's office, a patent be granted 
him for the same. It is the opinion of the Council and accordingly 
ordered that if it shall please God the weather continue season- 
able so as no accident happen to the Corns on the ground before 
the fifteenth of next month, that then a Proclamation be issued 
permitting the exportation of Wheat & flower, it being Judged that 
a greater quantity of Wheat has been this year produced than may 
be wanted for supplying the Inhabitants of the Colony. 

Ordered 

That a new Commission of the peace be issued for the County 
of Surry with the addition of the several persons recommended to 
be Justices of the peace for that County. 

On the petition of Benjamin Woodson for a grant of four hun- 
dred acres of land lying on licking hole Creek in the County of 
Goochland formerly surveyed for Thomas Uttley who hath fail'd 
to sue out a patent for the same, It is ordered that the said Uttley 
be summoned to appear before the Council to be held at the Court 
of Oyer and Terminer in December to answer the said petition. 

October the 24 th 1728 

Present 

The Governor 

James Blair John Carter 

Cole Digges Rich d Fitzwilliam & 

Peter Beverley John Grymes Esq" 

Ordered 

That a Proclamation issue proroguing the General Assembly 
to Thursday the 15 th of May next; and a Proclamation was pre- 
pared accordingly. 

At a Council held at the Capitol the l at of November 1728 

Present 

The Hon"" the Governor 

Robert Carter John Robinson 

James Blair Rich d Fitzwilliam 

Mann Page John Grymes & 

Peter Beverley John Custis Esq" 

The Governor laid before the Council an additional Instruc- 
tion from his late Majesty directing the method of proceeding in 
appeals from Judgments in the general Court to his Majesty in 
Council and acquainted the Board that he had caused the said In- 
struction to be recorded in the Secretary's office 



188 Executive Journals, Council of Colonial Virginia 

On reading at this Board the petition of William Todd of the 
County of King & Queen Gent complaining that James Taylor 
Surveyor of the County of Spotsylvania being employed to divide 
a certain tract of land taken up in the said County by the pet r , John 
Battaile and John Taliaferro, and of which the said Taylor on his 
earnest importunity, was admitted to have a quarter part, hath 
fraudulently and in breach of the trust reposed in him, and the 
duty of his office, included within the bounds laid off for himself, 
above two thousand acres more than his just share, and in that 
part which he the said Taylor return'd for M r Battaile's share, 
and which the pet r has since purchased of the said Battaile, there 
is upwards of two thousand acres wanting, for which the pet r is 
now liable to pay Quit Rents, besides the injury of losing so much 
land which he has paid for: And further representing that he has 
frequently applied to the said Taylor to do him right, but that he 
pretends to have transferred his part to two of his sons in Law 
Ambrose Maddison and Thomas Chew, who will not now suffer 
him to survey their land, and praying relief therein ; It is ordered 
that the said James Taylor, Ambrose Maddison and Thomas 
Chew do attend this Board at the next Court of Oyer and Ter- 
miner in order to a hearing of the matter suggested in the said 
petition 

On the petition of Henry Anderson of the County of Henrico 
Gent, setting forth that he purchased of his Majesty's Receiver 
General twenty three Rights in order to take up eleven hundred 
acres of land, but not having occasion immediately to use the 
same put them into a Scrutore, where the same have been greatly 
defaced and eat by Rats, so as the Clerks of the Secretary's office 
refuses to receive them, and praying relief therein, and the said 
Rights being produced at the Board, and it appearing they have 
not been hitherto used ; It is ordered that the officers of his Maj- 
esty's Revenue do deliver to the petitioner the like number of new 
Rights, and that they cause the Rights now produced to be de- 
stroyed. 

New Commissions of the peace for the Counties of Henrico and 
Norfolk were this day ordered to be issued with the addition of 
the several persons recommended by the said Courts to be Jus- 
tices in the said Counties. 

On reading at this Board the petition of Willoughby New- 
ton son and Exe r of Thomas Newton late Sheriff of the County 
of Westmoreland de cd praying that a fine of five pounds imposed 
on his father by the Court of Oyer and Terminer held in Decem- 
ber 1724 for not returning the Venire on the tryal of one Andrew 
Geiphings of the said County of Westmoreland committed for 
Felony when in truth no such Writt ever came to the said Thomas 
Newton's hands, neither did the said Thomas in his lifetime ever 
know that such fine was laid, and praying that the same may be 
remitted. The Governor with the advice of the Council is hereby 



Executive Journals, Council of Colonial Virginia 189 



pleased to remit the said fine, the allegations of the petitioner ap- 
pearing to be true. 

John Carter Esq' present 

On reading at this Board the examinations of divers of the 
Saponie Indians, as well as the informations of several of the neigh- 
bouring Inhabitants importing that the Tottero King hath threatned 
the lives of the Governor and others his Majesty's subjects, and 
then to go off to some foreign Indians, It is the opinion of the 
Council and accordingly ordered that for preventing the mischiefs 
which may be apprehended from the said Indian Col° Henry 
Harrison be impowered and directed to take proper measures for 
seizing the body of the said Tottero King, and to cause him to be 
conveyed under a Guard to the publick Goal at Williamsburgh, and 
that he be there secured in prison till further orders be given con- 
cerning him. 

James Booth of the County of Essex by his petition to the 
Governor, praying that his personal Estate forfeited to his Majesty 
by his conviction of Felony may be remitted, and suggesting that 
Goods & Chattels to the value of £42,,17,,3 which belonged to the 
Orphans of one Henry Newton dec" under his Guardianship are 
seized as his personal Estate, It is thereupon Ordered that the 
Court of the County of Essex do examine and certify to this Board 
whether any, or what part of the goods seized by the Sheriff as 
the personal Estate of the said Booth are the proper Chattels of 
the aforementioned Orphans and whether the said Orphans be 
like to suffer by the said seizure, to the end this Board may be 
the better enabled to judge what is proper to be done for their re- 
lief. The Governor proposing to the consideration of the Board 
in what manner the Militia may be rendred most usefull, and ac- 
quainting them that he had prepared a form of exercise as well for 
the horse as the foot, but that it was necessary to have some person 
to train and instruct them therein, so as being once disciplin'd in 
one uniform method of exercise, they may be more usefull when 
there shall be occasion to call together the Troops of several Coun- 
ties for the defence of the Countrey ; It is the opinion of the Coun- 
cil that the most effectual way to render the Militia serviceable 
will be to appoint an Adjutant to go into the several Counties, 
and to instruct the officers as well as Souldiers in the form of 
exercise prepared for them, and Major Abraham Nicholas being 
proposed as a fit person for that service was approved ; and for his 
encouragement it is Resolved that for so long time as shall be 
thought necessary to continue him in that office, there be allowed 
him the annual Salary of £150 Sterling out of his Majesty's Reve- 
nue of two Shillings per hogshead, and that it be recommended to 
the General Assembly at their next Session to reimburse that 
charge. 



190 Executive Journals, Council of Colonial Virginia 

The Governor acquainted the Council that he had lately re- 
ceived his present Majesty's Instructions for the government of 
this Colony, and the second Article — thereof containing the names 
of the present Council was read at the Board wherein the name 
Richard Fitzwilliam Esq r is omitted, but declaring that he under- 
stood 

the said Richard Fitzwilliam was appointed one of the Council of 
this Colony, Jamaica and South Carolina at the same time that 
he was constituted Surveyor General of the Customs for the 
Southern District of America, and being still continued in the one 
office he did not think proper to remove him from the other untill 
his Majesty's pleasure be known therein, to which the Council 
concurred. 

And then the Governor having first taken the oaths mentioned 
in an Act of Parliament made in the first year of his late Majesty's 
Reign Entituled an Act for the further security of his Majesty's 
person and Government and the succession of the Crown in the 
heirs of the late Princess Sophia being protestants, and for ex- 
tinguishing the hopes of the pretended Prince of Wales, and his 
open and secret Abettors, subscribed the Test and took the oath 
for the due execution of his office, and the due observance of the 
Acts of Trade & Navigation, did administer the said first men- 
tioned oaths and Test together with the oath of a Counsellor to 
Robert Carter, James Blair, Mann Page, Peter Beverley, John 
Robinson, John Carter, Richard Fitzwilliam, John Grymes & John 
Custis Esq" members of his Majesty's Council now present. 

On the application of the Officers of his Majesty's Revenue 
for direction how they ought to demand the Quitt Rents for the 
Lands in Spotsylvania & Brunswick taken upon the encourage- 
ment granted by his late Majesty; It is the opinion of this Board, 
and accordingly ordered that for all lands in those Counties granted 
by patent with an exemption from paying Quitt Rents during the 
time limited by his late Majesty's directions, the Quitt Rents be 
demanded of the several patentees from the time the said exemption 
expired, which was the first day of May last past, but for as much 
as divers considerable Tracts of land in the said Counties were 
granted by patent to sundry persons before his late Majesty's 
pleasure was known, and for which no Rights were purchased, nor 
Quitt Rents have since been paid, & the demanding the said 
Rights and Quitt Rents having been delayed in expectation of fur- 
ther Orders therein upon the representations heretofore made to 
the Right Hon ble the Lords Commissioners for Trade and Planta- 
tions, It is the opinion of the Council that the demanding payment 
of the Rights and Quitt Rents for the said Lands be further sus- 
pended untill his Majesty's pleasure be known therein The Ac- 
count of contingent Charges and of sundry expences about the 
Governor's house, were severally examined in Council and allowed. 

On the petition of Alexander Kerr setting forth that on the 
twenty first of March last past there was survey'd for Thomas 



Executive Journals, Council of Colonial Virginia 191 

Green of the County of Glocester four hundred forty seven acres of 
land lying on Warrany in James City County for which Lands 
the said Green hath fail'd to sue out any patent, or to produce 
Rights in order to obtain the same; and praying a Grant thereof 
It is ordered that the said Green be summoned to appear at the 
Council held at next Court of Oyer and Terminer to answer the 
said petition. 

Sundry petitions for leave to take up wast Lands were read 
and granted Viz : 

John Carter Esq r Francis Epes, Charles Hudson & Sam 1 Cobbs 
Gent for twenty thousand acres of land in one or more Tracts in 
the County of Goochland beginning on the North side of Hard- 
ware River, above a survey made by the said Francis Epes and 
Charles Hudson, thence to the north branch of James River, and 
up or down the said north branch as they shall find most con- 
venient, and thence to the aforementioned Hardware River & 
crossing the same to the main branch of James River, and on the 
branches of Rockfish River; with leave to include in one patent 
the lands surveyed by the said Epes and Hudson with such Tract 
or Tracts hereby described as shall ly contiguous thereto. 

To Francis Poythres Jun r two thousand acres of land lying 
on the north side of Butterwood Swamp in Prince George County, 
adjoining to and including his former tract and running up the 
said swamp for the afores d quantity. 

To John Epes two thousand acres of land beginning at the 
pet 1 " 3 lower corner, & extending up George's branch in the County 
of Prince George, with leave to include the said land with three 
hundred sixty seven acres contiguous thereto already survey'd for 
the pet r in one patent. 

To Richard Jones Jun r one thousand acres of land joining to 
his patented land lying on the lower side of the Cellar fork of 
Deep Creek in Prince George's County, with leave to take an in- 
clusive patent for both Tracts. 

To William Brown Jun r one thousand acres of land adjoining 
to his patented land on spring Swamp in Surry County, with leave 
to take an inclusive patent for both tracts 

To Samuel Spencer twelve hundred acres of land already laid 
off in three surveys beginning at the upper end of the next Island 
above Rockfish Island, where the hills come down to the River on 
the north side, and on the south side of the south branch of 
James River, opposite to the head of the said Island in the County 
of Goochland with leave to include the said twelve hundred acres 
in one patent. 

To George Robertson Clerk eight hundred acres of land ad- 
joining to a Tract containing two thousand two hundred acres part 
thereof granted by patent to the pet r and the residue surveyed for 
him on the upper side of Flat Creek in Prince George's County, 
with leave to take an inclusive patent for the whole. 



192 Executive Journals, Council of Colonial Virginia 

November the 2 d 1728 

Present 

As Yesterday 

The following Warrants on the Receiver General to be paid 

out of his Majesty's Revenue were this day sign'd by the Governor 
in Council Viz : 

To the Governor for y> years Salary ending the 

25 th of October £ 1000,,—,,— 

To the Gent mn of his Maj ty ' s Council for the same 

time 175,, — ,, — 

To the Judges and Officers of the Court of Oyer 

& Terminer held in June 100,, — „ — 

To the Auditor Gen 1 of his Majesty's planta- 
tions Yi years Salary ending as above ... 50„ — „ — 

To the Sollicitor of the Virginia Affairs for the 

same time 50„ — „ — 

To the Attorney Gen 1 for the same time 20„ — „ — 

To the Clerk of the Council for the same time . . 50„ — „ — 

To the Armourer for the same time 6„ — ,, — 

To Sundry Ministers attending one Gen 1 Court. 4„ — „ — 

To the Gunners of the several Batteries y 2 years 

Salary 20„ — „ — 

To William Prentis for sundry conting' 

Charges 38„ — „ 5% 

To the same for sundry repairs about the Gov- 
ernors house 7,, 19,, 2y 2 

And out of the Quitt Rents 

To M r Commissary Blair y 2 years Salary 50„ — ,, — 

To the Attorney Gen 1 y 2 years additional Sal- 
ary 30„ — ,, — 

The Council taking into consideration that there is no neces- 
sity to continue any longer the prohibition on the export of Corn 
and other Grain, It is ordered that a Proclamation issue for per- 
mitting the exportation of Indian Corn, Pease and other Grain in 
like manner as the same might have been before the former pro- 
hibition was laid. 

December the 10 th 1728 

Present 

The Governor 

James Blair Rich d Fitzwilliam 

William Byrd William Dandridge & 

John Custis Esq" 

William Randolph Esq r presented his Majesty's Warrant for 
swearing and admitting him one of his Majesty's Council of this 



Executive Journals, Council of Colonial Virginia 193 

Colony, which was read at the Board, and thereupon the said 
William Randolph having first taken the oaths mentioned in an 
Act of Parliament Entituled an Act for the further security of his 
Majesty's person and government and the succession of the Crown 
in the heirs of the late Princess Sophia being protestants, and for 
extinguishing the hopes of the pretended Prince of Wales and his 
open and secret Abettors, & subscribed the Test, was sworn and 
admitted one of his Majesty's Council of this Colony. 

At a Council held at W ms burgh the 11 th day 
of December 1728 

Present 

The Hon bIe the Governor 

James Blair Will ,n Dandridge 

William Byrd John Custis & 

Rich d Fitzwilliam WilP Randolph Esq" 

Ordered 

That his Majesty's Receiver General do pay out of the Reve- 
nue of two shillings per hogshead &c unto Will m Byrd Esq r the 
sum of one hundred eighty six pounds eighteen shillings current 
money for discharging the pay due to the men employed to attend 
the Commissioners & Surveyors in the service of running the 
boundary betwixt this Colony and North Carolina. 

Several petitions for leave to take up unpatented lands were 
read and granted as follows Viz : 

To William Byrd Esq r the four Islands lying in Roanoke 
River above the land lately taken up by Robert Munford Jun r to- 
gether with as much of the land lying near the said Islands, on 
the north shore of the said River as will compleat the quantity of 
six thousand acres. 

To Richard Ogilby four hundred acres of land lying on Beaver 
dam Creek, with an inclusive patent for that & two hundred acres 
thereto adjoining which formerly belonged to Peter Bayes in 
Goochland County. 

To Paulin Anderson, Richard Anderson, Jun r , Roger Ander- 
son, Pierce Butler, William Eceles, Joseph Eceles, Abraham 
Eceles and Richard Eceles six thousand acres of land, beginning 
about half a mile below Stock's Creek or Bent Creek in Spotsyl- 
vania County. 

To John Battaile Jun r for one thousand acres of land adjoining 
to his patented lands on Raccoon swamp in Surry County, with leave 
to take an inclusive patent for the whole. 

To Amos Ladd for one thousand four hundred & ninety one acres 
in the County of Goochland (formerly Henrico) and on Beaver dam 
Creek including the one thousand & eighty nine acres of land granted 
him by patent the sixteenth of June 1714. 



194 Executive Journals, Council of Colonial Virginia 



Abraham Abney and Thomas Claiborne by their petition setting 
forth that about fourteen years ago there was survey 'd for John Robert- 
son of the County of Henrico five hundred acres of land lying on the 
head of the south fork of Gilley's Creek in the said County, and joining 
to the lands of one Thomas East, but no patent hath ever been sued 
out for the said land, nor any survey thereof returned into the Secre- 
tary's office, and praying that according to the orders of the Govern- 
ment in that behalf made, the said Land may be granted to the peti- 
tioners ; It is ordered that the said John Robertson be summoned to ap- 
pear before this Board at the next Court of Oyer & Terminer to shew 
cause why the said land ought not to be granted according to the prayer 
of the said petition. 

The matter upon the petition of George Nicholas Gent against John 
Camm and Samuel Smith for three thousand acres of land in the County 
of Spotsylvania is appointed to be heard before this Board on the fifth 
day of the next General Court. 

On hearing the several pretensions of John Cosby & Charles Barret 
of the one part, and of John Syme Gent of the other part to twelve 
hundred acres of land in the County of Hannover, eight hundred acres 
thereof lying on both sides the south fork of little River between the 
lands of Coll Nicholas Merriwether and the lands of Benjamin Brown 
and four hundred acres the residue lying on both sides the north fork of 
little River between the lands of the said Benjamin Brown and Elk 
Creek formerly surveyed for Thomas Carr of J:he County of King Wil- 
liam, It appearing to this Board that the said Carr hath failed to sue 
out a Patent for the same pursuant to the orders of Government & that 
the pet" Cosby and Barret were the first discoverers thereof, It is 
ordered that they be preferred to a grant of the said Land. 

On the petition of John Syme Gent for four hundred Acres of 
land on gold mine Run and eight hundred acres on the Northanna in 
the County of Hannover, formerly survey'd for Thomas Carr of King 
William County Gent, it appearing that the said Carr never sued out 
any patent for the said Land pursuant to the orders of Government ; It 
is ordered that a patent be granted to the said John Syme for the said 
land, he being the first petitioner, and having prosecuted the same with 
effect. 

Doctor George Nicholas on his petition hath order granted him for 
a patent for four hundred acres of land in Hannover County, between 
the land of William Fleming and the River Northanna, formerly sur- 
veyed for Thomas Carr Gent the said Carr being summoned and not 
appearing to make out his pretensions to a grant of the same. 

The dispute between Humphrey Pope, John Eidy, Henry Willis 
and Charles Duit for lands in the little fork of Rappahannock River in 
Spotsylvania County is referred to be heard before this Board on the 
fifth day of the next General Court, at which time all the said parties 
are ordered to attend, and Augustine Smith late Surveyor of the said 
County, and George Home the present Surveyor are in like manner to 
attend, with their respective books of Entries and Surveys. 



Executive Journals, Council of Colonial Virginia 195 



On hearing this day the dispute between William Cradock and 
Richard Philips touching the right to a Grant of one hundred acres of 
land on Mattapony River in King William County ; It is ordered that a 
patent be granted to the said Richard Philips for the land aforesaid, he 
paying to the said Cradock so much as he shall make appear to have been 
paid by Samuel Cradock his father as part of the consideration given 
to Thomas Claiborne Gent for his right to the said land. 

On hearing this day at the Board the petition of William Todd 
of the County of King & Queen Gent Ag l James Taylor Surveyor of 
the County of Spotsylvania and Ambrose Maddison and Thomas Chew 
assignees of the said Taylor touching the fraudulent surveying & ob- 
taining a patent for a certain Tract of land divided between the pet r and 
the said Taylor, and on hearing the arguments of the Council in behalf 
of the said several parties, it is by their consent ordered and directed 
that M r Robert Brooke Surveyor of the Counties of Essex and Caroline 
do, as soon as conveniently may be, at the charge of the party who shall 
be found in the wrong, survey the whole tract of land formerly entered 
for by William Todd, John Taliaferro & John Battaile, beginning at 
the place where the said John Taliaferro directed the aforenamed James 
Taylor to begin his aforesaid survey, and then lay out the several 
quantities of land due to the parties interested, as the same ought to 
have been divided, and if upon such survey it shall appear that the 
said Taylor hath acted deceitfully in surveying for himself a greater 
quantity than his proportion of the said Entry amounted to, the said 
Robert Brooke is hereby further impowered and directed to survey all 
the other lands which the said Taylor did survey at the same time with 
the entry aforesaid and make report to this Board of the true quantity 
contain'd therein : And it is further ordered that one of the Coroners 
of the said County of Spotsylvania do attend at the said several sur- 
veys, and remove all force which shall be offered for obstructing the 
same. 

On consideration of the several pretensions of Baldwin Rocket 
and Benjamin Woodson to a tract of land lying on licking hole Creek, 
in the County of Goochland, It is the opinion of the Council, and ac- 
cordingly ordered that a patent be granted to the said Benjamin Wood- 
son for the said land formerly surveyed for Thomas Uttley who hath 
fail'd to sue out a patent for the same in due time. 

On reading at the Board the petition of Stephen Chastein for eight 
hundred acres of land survey 'd about six years ago for Peter Fontaine 
Clerk, lying in S* James's parish between the lands of Peter Dutoy and 
Francis Dupuy in the great fork of upper Manakin Creek, then Hen- 
rico now Goochland County, the said Fontaine not having sued out any 
patent for the same, and it appearing to this Board that the pet r gave 
him timely notice, but he having failed to attend this Board in order to 
make out his pretensions to the said Land, It is ordered that the pef 
have a patent for the same. 



196 Executive Journals, Council of Colonial Virginia 

At a Council held at the Capitol the l 8t day of April 1729 

Present 

The Hon bIe the Governor 

M r Com ry Blair Cole Digges 

William Byrd John Carter & 

William Randolph Esq" 

This Board taking into consideration the grievous Calamity with 
which this Colony is threatned through the vast multitude of Caterpil- 
lars, have thought fit to order as it is hereby ordered that Friday the 
25 tn day of this present month be set apart and observed as a day of 
publick fasting and humiliation, to implore the mercy of Almighty God 
in averting this impending Judgment, and that a proclamation be 
prepared and issue accordingly. 

The Governor acquainting the Board that upon the information 
he received of the burning the dwelling house of Coll° Thomas Lee of 
the County of Westmoreland, & the violent presumption of its being 
first rob'd and then set on fire on purpose; he had in the absence oi 
the Council issued forth Precepts throughout the Colony, for taking up 
and examining all suspected persons, and promised a reward of fifty 
pounds to any one that should discover the persons guilty of that Felony, 
The Council declared their approbation of the measures taken by the 
Governor for discovering and bringing the offenders to punishment ; 
and are of opinion that the said Reward be paid out of the Revenue of 
2 shil per hogshead in case such discovery be made. 

Several petitions for leave to take up wast lands were read and 
granted Viz 4 

To Nicholas Merriwether for 3000 acres in Hannover County, 
beginning at the foot of a mountain called the Sugar loaf, and on the 
line which divides the said County from Goochland and running along 
that line, and northerly along the foot of the Mountains to include that 
quantity. 

To John Kerby for 600 acres of land in Prince George County, 
to be included in one patent with the lands formerly granted him on the 
north side of Moccosoneck Creek. 

To William Crawley for 4,000 acres adjoining to a tract of land 
already purchased by the pet r on Deep Creek in Prince George County ; 
with an inclusive patent for both Tracts. 

April the 15 ,b 1729 
Present 
The Governor 
M r Com"' Blair John Carter 

William Byrd Rich" Fitzwilliam 

Cole Digges John Grymes 

John Robinson John Custis & 

William Randolph Esq" 
Cole Digges Esq r being absent from Council when the other mem- 
bers of the Board were sworn pursuant to his Majesty's Instructions, 



Executive Journals, Council of Colonial Virginia 197 

this day took the oaths appointed to be taken by an Act of Parliament 
made in the first year of his late Majesty's Reign Entituled an Act for 
the further security of his Majesty's person and Government, and the 
succession of the Crown in the heirs of the late Princess Sophia being 
Protestants ; and for extinguishing the hopes of the pretended Prince of 
Wales, and his open and secret abettors, subscribed the Test, and took 
the oath of a Counsellor. 

April the 19 th 1729 

Present 

The Governor 

M r Com ry Blair John Carter 

William Byrd John Grymes 

Mann Page Will m Dandridge 

Cole Digges • John Custis & 

John Robinson William Randolph Esq" 

Ordered 

That the General Assembly be prorogued till Thursday the 20 th 
day of November next, and that a Proclamation issue accordingly. 

On the application of his Majesty's Receiver General, It is ordered 
that a number of Treasury Rights not exceeding the value of five hun- 
dred pounds be made out by the Off" of the Revenue, for the con- 
veniency of such persons as have occasion to take up wast lands. 

Rich" Fitzwilliam Esq r present 

A Report from the Justices of Essex County in pursuance of the 
order of this Board made the l Bt of November last on the petition of 
James Booth, being read at the Board, and it appearing thereby that the 
sum of twenty one pounds eight shillings and seven pence half penny, 
remains due unto one of the Orphans of Henry Newton dec a to whom 
the said Booth was Guardian ; It is the opinion of the Council and 
accordingly ordered that if there be not sufficient of Booth's Estate to 
be found for satisfying the said debt, it be paid out of the personal 
Estate of the said Booth in the hands of the Sheriff of Essex County, 
and that the residue of the said personal Estate seized by the said 
Sheriff, & forfeited upon the said Booth's convictions of Felony be ac- 
counted for to the Receiver General for his Majesty's use. 

The Sheriffs of the Counties of Caroline, Goochland, Spotsylvania 
and Prince George this day attending the Board, and representing the 
great charge and trouble they are obliged to in collecting the Quit Rent 
Tobacco for the said Counties, and bringing the same to convenient 
landings from whence it may be shipt ; This Board taking the same into 
consideration, have thought fit to order, as it is hereby ordered that there 
be allowed to the said respective Sheriffs for the collecting his Majesty's 
Quit Rents and bringing the same to some convenient landing on a 
navigable River, from whence it may be shipt for exportation at the 
several rates following Viz 4 



198 Executive Journals, Council of Colonial Virginia 



To the Sheriff of the County of Caroline 20 per Cent on all the 
Quitt Rent tobacco received in that County. 

To the Sheriff of Spotsylvania the like allowance of 20 per Cent on 
all the Quitt Rent tobacco in that County. 

To the Sheriff of Prince George the like allowance of 20 per Cent. 

To the same Sheriff for collecting the Quitt Rents of Brunswick 
County, and bringing the same to some convenient landing on James 
River or Appomatux, the allowance of 40 per Cent & 

To the Sheriff of Goochland the like allowance of 40 per Cent for 
collecting the Quitt Rent tobacco for that County & bringing the same 
to a convenient landing in the County of Henrico; the said two last 
mentioned Counties appearing to be remote from any water carriage, & 
of large extent. 

Whereas information is given to this Board that the Storehouse 
of Christopher Brooke Master of the Ship Cambridge of London, was 
lately broke open and rob'd by divers Negro Slaves belonging to M r " 
Elizabeth Whiting of the County of Glocester widow; and that the 
said Christopher Brooke in order to conceal the Felony aforesaid hath 
compounded as well with the said Elizabeth Whiting, as with the owners 
of divers other Negro's in the said County concerned as Accessories, 
and hath received and taken back the goods so stolen without prosecut- 
ing the offenders; It is ordered that it be referred to M r Attorney Gen- 
eral to give directions for prosecuting the said Felons, and that he also 
be directed to prosecute the said Christopher Brooke for compounding 
the said Felony, that others may be deterred from the like practices for 
the future. 

April the 23 d 1729 

Present 

The Governor 

Robert Carter John Carter 

James Blair Rich* Fitzwilliam 

William Byrd John Grymes 

John Robinson John Custis & 

William Randolph Esq" 

The Governor communicating to the Board the Intelligence he 
has received that the Saponie Indians have made no preparation for 
planting Corn, whereby it is expected they intend to desert their present 
settlement, and that the Inhabitants of Brunswick County being ap- 
prehensive of some notable mischief from them upon their removal ; It 
is the opinion of the Council that the Governor appoint some fit person 
in company with the Interpreter to repair to the Saponie Indian Town, 
and to examine into their behaviour, and particularly to observe what 
preparations they are making to continue at their present settlement, 
and to make report thereof to this Board, that suitable measures may 
be taken for the protection of the Inhabitants. 



Executive Journals, Council of Colonial Virginia 199 

William Dandridge Esq r present 

On the application of the Sheriff of Hannover County, it appear- 
ing by the increase of Inhabitants in the said County, and their seating 
far back towards the mountains the allowance heretofore given for col- 
lecting Quit Rent tobacco in the said County is not proportioned to the 
charge and trouble arising thereby; It is therefore ordered that 20 per 
Cent be allowed to the Sheriff of the said County for collecting the Quit 
Rent tobacco and bringing the same to some convenient landing in the 
said County from whence it may be ship'd for exportation. 

April the 29 th 1729 

Present 

The Governor 

Robert Carter John Carter 

James Blair Rich d Fitzwilliam 

William Byrd John Grymes 

Cole Digges William Dandridge 

John Robinson John Custis & 

William Randolph Esq" 

Whereas upon consideration of the many extraordinary Cures 
perform'd by Papaw a Negro Slave belonging to M rls Frances Little- 
page of the County of New Kent, it was resolved that means should be 
used to obtain from him a discovery of the secret whereby he performs 
the said cures ; and the said Papaw having upon promise of his freedom 
now made an ample discovery of the several medicines made use of by 
him for that purpose to the satisfaction of the Governor and the Gentle- 
men appointed by him to inspect the application and operation of the 
said medicines, It is the opinion of this Board and accordingly ordered 
that as a reward for so useful a discovery, which may be of great 
benefit to mankind, and more particularly to the preservation of the lives 
of great numbers of the Slaves belonging to the Inhabitants of this 
Country frequently infected with the Yaws, and other venereal dis- 
tempers, the said Papaw be set free; and that the sum of £50 current 
money be paid to the said M rU Frances Littlepage out of his Majesty's 
Revenue of 2 shillings per hogshead, for his freedom ; but that he remain 
still under the direction of the Government untill he make a discovery 
of some other secrets he has for expelling poison, and the cure of other 
diseases. 

The Commiss r " appointed for settling the Boundaries between this 
Colony and North Carolina having laid before the Board sundry ac- 
counts of disbursements in that service, the same were examined and 
allowed, and ordered to be paid out of his Majesty's Revenue of 2s 
per hogshead. 



200 Executive Journals, Council of Colonial Virginia 

May the 2 d 1729 

Present 

The Governor 

Robert Carter Cole Digges 

James Blair John Grymes 

William Byrd John Custis & 

William Randolph Esq" 

The Acco' of contingent Charges for the last half year, & also 
the account of sundry reparations about the Governor's house, were 
severally examined & allowed. 

Richard Fitzwilliam Esq r present 

The following persons were this day nominated and appointed by 
the Governor to be Sheriffs of the several Counties for the ensuing 
year Viz 1 For the county of 

Hannover Charles Hudson 

Surry John Mason 

Spotsylvania Edwin Hickman 

Eliz" City Joshua Curie 

Nansemond Theophilus Pugh 

Isle of Wight William Kinchin 

Princess Anne Francis Moseley 

Henrico Joseph Royal 

Westmoreland William Lord 

Stafford Abraham Farrow 

Northumberland William Eustace 

Middlesex Mathew Kemp 

Warwick William Roscow 

York William Stark 

Norfolk Geo. Newton 

Prince George William Poythres 

James City Henry Power 

King George Tho 8 Vivian 

Caroline William Woodford 

Essex James Garnett 

Goochland Dan 1 Stonar 

Lancaster Henry Fleet 

Richmond Sam 1 Peachy 

Charles City Benj a Harrison 

New Kent William Kenney 

King William Will" 1 Claiborne 

King & Queen Christ 1- Beverley 

Glocester John Armistead 

Accomack Rich d Drummond 

Northampton John Potter 



Executive Journals, Councils of Colonial Virginia 201 

New Commissions of the peace for the Counties of Elizabeth City, 
Goochland & Isle of Wight were this day regulated in Council, and 
ordered to be issued. 

This Board taking into consideration the great uncertainty of the 
advices from England, with respect to peace or war, and how much 
the interest of the Crown may be prejudiced, as well as the property of 
the subject endangered in case of the latter should the merchant Ships 
now bound for Great Britain be permitted to depart without Convoy 
or other measures taken to form them into Fleets for their mutual 
defence ; It is therefore judged necessary to lay an Embargo for some 
time as has been often practised in the like cases with approbation : And 
whereas Cap* Lingen Commander of his Majesty's Ship Ludlow Castle 
has signified his inclinations to take under his care & protection such 
Merchant Ships as are bound hence for Great Britain, and whereas it 
is judged that the greater part of the trade of this Colony may be 
ready to proceed under his Convoy by the last day of June next ; It 
is therefore ordered that an Embargo be laid on all Ships and Vessels 
bound for Great Britain untill the last day of the said month of June, 
and that the Naval Officers do forthwith notify the same to the Masters 
of Ships in their respective Districts to the end they may prepare in 
due time to join the Convoy at Hampton road in James River, and that 
the said Officers take care that no Ship or Vessel bound for Great 
Britain be cleared until Bond be given as the law directs for observing 
this Embargo. 

Several petitions for leave to take up wast land were read and 
granted as follows. 

To Shanes Raines 1,000 acres of land lying on a great branch of 
Jones's hole, beginning on John Whitmore's line, thence westward for 
its length in Prince George County. 

To George Wilson 1000 acres lying on Smack's Creek in Prince 
George County, with an inclusive patent for that and his old land 
thereto adjoining. 

To Thomas Avent 1200 acres in Surry County beginning on 
Richard More's line, thence to Stewart's line and over the Otterdam 
Swamp to include all the land between John Davis and Richard Pace's 
land with his own plantation. 

To John Garner 700 acres in Isle of Wight County, joining on 
the lines of the land late of Major Giles and those of Thomas Joiner, 
Theophilus Joiner, WilliamPope, Christopher Reynolds, Walter Waters 
& John Parnell. 

To Stephen Hughes 600 acres of land lying on the southside of 
James River in Goochland County, between the lines of the said Hughes, 
John Fleming & William Reynolds, with an inclusive patent for that 
and four hundred acres adjoining thereto. 

To Robert Hughes 800 acres lying on both sides the mouth of 
Muddy Creek on the southside of James River in Goochland County, 
with an inclusive patent for that & four hundred acres thereto adjoining 
and already patented in the names of Isaac Hughes & the petitioner. 



202 Executive Journals, Councils of Colonial Virginia 

To David Liles 800 acres already survey'd in several Tracts lying 
in the fork of Deep Creek, on the south side of James River in Gooch- 
land County. 

To Richard Hickman, Edwin Hickman, Thomas Graves, Dennet 
Abney Jun r Abraham Abney and John Key 12,000 acres of land in 
Goochland County, beginning at the mouth of Mechamps Creek on the 
northside the north branch of James River, and so upon both sides the 
said Creek to compleat that quantity. 

To Bowler Cocke leave to include in one patent two surveys of 
twelve hundred acres, joining to a former Grant of the pet" on Muddy 
Creek, on the south side of James River in Goochland County. 

To Richard Ogilby 1200 acres lying in the fork of licking hole 
Creek adjoining to the lands of David Pattison, William Weldy and John 
Hawkins in Goochland County. 

To William Robertson & John Syme 2,000 acres in Hanover 
County on Round about Creek joining to Coll° Merriwether's line. 

To William Poythres 1000 acres in Prince George County, begin- 
ning below the dry Beaver pond on Tammaheton Creek, so running 
up the south side of the said Creek for that quantity. 

On reading at this Board the petition of James Taylor setting forth 
that there was survey'd for William Parker in 1721 Ten thousand acres 
of land in Spotsylvania County for which the said Parker never sued 
out any patent ; that he is since dead, and had left no heir in the 
Countrey ; and that altho' the pet r has accounted to the College for the 
survey aforesaid yet he never received any satisfaction for the same, 
& praying he may have a Grant of the said land, It is thereupon ordered 
that the said James Taylor have liberty to return a survey, and take 
out a patent for the said land in his own name, he producing Rights for 
the same. 

May the 3 d 1729 

Present 

The Governor 

Robert Carter Rich d Fitzwilliam 

James Blair John Grymes 

Cole Digges William Dandridge 

John Robinson John Custis & 

John Carter William Randolph Esq" 

The following Warrants on the Receiver General to be paid out 
of his Majesty's Revenue of 2 shillings per hogshead, port duties and 
head money were this day sign'd by the Governor in Council Viz : 

To the Governor for 1/2 years Salary ending the 

25 ,h of April last £1000,,—,,— 

To the Gent"" 1 of the Council for the same time . . . 175,, — „ — 
To the Judges and Officers of the Court of Oyer 

& Terminer held in Decern' 100,, — „ — 



50, 
20, 


j 


, — 


50, 
50, 


j 


— 


20, 
6, 

4, 

55, 


— , 


— 


11, 


SH 


37, 


14, 


154 


65, 

75, 


18, 


5 


50, 
30, 


> 


^^~ 



Executive Journals, Councils of Colonial Virginia 203 

To the Auditor Gen 1 of the planta°ns 1/2 years 
salary ending as above 

To the Attorney General for the same time 

To the Sollicitor of the Virginia affairs for the 
same time 

To the Clerk of the Council for the same time .... 

To the Gunners of the several batteries for the like 
time 

To the Armourer for the same time 

To sundry Ministers attending last Gen 1 Court .... 

To William Prentis for sundry reparations about 
the Governor's house 

To the same for divers expresses and other con- 
tingent Charges 137,, 14 

To a Warrant for sundry Charges & disbursements 

in settling the Boundaries 265, ,18 

To the Adjutant General 1/2 years Salary 

And out of the Quitt Rents 

To M r Com' 7 Blair 1/2 years Salary 

To the Attorney General for the like Salary 

The Acco* of the Quitt Rents received by virtue of his late 
Majesty's Commission, and also the acco* of the Revenue of Quitt Rents 
for the year 1728 received by virtue of his present Majesty's Commis- 
sion being laid before the Board, examined by the Auditor & sworn 
to by the Receiver General, were certified by the Governor as usual. 

The Acco 1 of his Majesty's Revenue of 2 shillings per hogshead 
port duties and head money being examined and attested by the Deputy 
Auditor, was exhibited in Council by the Receiver General who made 
oath thereto and was certified by the Governor in the usual form. 

June the 11 th 1729 

Present 

The Governor 

James Blair John Carter 

William Byrd John Grymes 

Mann Page William Dandridge 

Cole Digges John Custis & 

John Robinson William Randolph Esq" 

On hearing this day at the Board the matter in dispute between 
William Todd of the County of King & Queen Gent of the one part, 
and James Taylor, Ambrose Maddison and Thomas Chew touching 
the fraudulent surveying & dividing a certain Tract of land between 
the said parties, & upon considering the report of Robert Brooke Sur- 
veyor of Essex County, appointed for laying out the same Tract of 



204 Executive Journals, Councils of Colonial Virginia 

land, It is the opinion of this Board that the line run by Coll° Taylor, 
and now mark'd by the said Robert Brooke in his survey, and described 
in his plat by the letters S. C. is and ought to be the true dividing 
bounds between the said William Todd and the land of the said Mad- 
dison and Chew, and that the said William Todd upon surrendring of 
his former patent (which he accordingly surrendred up at the Board) 
have a patent for the true quantity of land in his dividend, according 
to the lines described in the said Robert Brooke's plan by the letters 
S, C, V, R. and it is further ordered that the said Maddison and Chew 
upon surrender of their former patent have like liberty of taking a new 
one for the true quantity, and according to the true and exact bounds 
they ought to hold conformable to the plat thereof return'd by the 
said Robert Brooke; and that the charge of the survey made by the 
said Robert Brooke pursuant to the orders of this Board be paid equally, 
that is to say the said William Todd one moiety, and the said Ambrose 
Maddison and Thomas Chew the other moiety thereof. 

It is this day ordered in Council that the Clerk of the Secretary's 
office do not hereafter present any patent for land for the Governor's 
signing untill the fees due for making out sealing and recording the 
same be first paid, or secured ; and that this order be set up in some 
publick place in the Secretary's office to the end all persons concerned 
may take notice thereof and conform themselves accordingly. 

Alexander Kerr having petitioned for a Grant of a Tract of land 
surveyed for Thomas Green lying in the County of James City, for 
default of the said Green's suing out a patent for the same in due time ; 
It appearing upon hearing the parties that the said land is surplus lands 
found within the bounds of a patent granted to one Sorrell, and by 
mean conveyances come to the said Green, who hath paid Quitt Rents 
for the same for divers years past, and hath also purchased Rights in 
order to include the same with his other lands thereto adjoining, of 
which he is lawfully seized : It is therefore ordered that a patent be 
granted to the said Green for the lands in dispute as survey 'd by Wil- 
liam Comrie Surveyor of James City County the 21st of March 1727/28. 

On hearing this day in Council the petition of Doctor George 
Nicholas Ag' John Camm and Sam' Smith for three thousand acres 
of land in the County of Spotsylv" the parties being heard by their 
Council, & it appearing that the said Camm and Smith have kept the 
said land under survey ever since the year 1721 without taking any 
measures for obtaining a patent, whereby the king hath been defrauded 
of his Quitt Rents and Rights ; It is therefore the opinion of this Board 
that the said Camm and Smith forfeited their Right to the same, and 
that therefore a patent be granted to the pet r who hath made the first 
discovery thereof. 

John Robinson Esq r who executes the office of Survey' General 
in behalf of the College of William & Mary this day recommended 
to the Governor in Council Nathan 1 Claiborne Surveyor of the south 
part of Spotsylvania and Benjamin Winslow Assistant Surveyor for the 
Counties of King and Queen and King William as fit persons for the 
execution of those offices, they were accordingly approved. 



Executive Journals, Councils of Colonial Virginia 205 

On reading at this Board the petition of Robert Carter Esq r Agent 
for the Proprietors of the northern Neck, praying that the Governor 
will not pass any patent or patents for any lands lying in the little fork 
of Rappahannock River, but will permit the Proprietor fully to enjoy 
the benefit of his Grants, and in order thereto that some speedy method 
may be appointed for discovering and ascertaining which branch or 
stream of the first or lower fork of Rapp a River is the great or main 
Stream ; It is the opinion of this Board & accordingly ordered that a 
true state of the matter in difference between the King and the Proprie- 
tor of the Northern Neck be prepared and agreed on to be transmitted 
to the Right Hon bIe the Lords Commissioners for Trade & Planta°ns 
in order to be laid before his Majesty for his directions therein : But 
forasmuch as many Grants have been made by preceding Governors of 
lands lying within the bounds now claim'd by the Proprietor of the 
Northern Neck, it is the opinion of this Board that the like liberty of 
taking up lands under the Crown, within the limits aforesaid be con- 
tinued, and that the Governor sign patents for the same as his predeces- 
sors have hitherto done, till his Majesty's pleasure be further known. 
Ordered 

That M r Matthew Kemp be appointed Sheriff of the County of 
Middlesex instead of M r Edm d Berkley. 

June the 12 th 1729 

Present 

The Governor 

James Blair John Grymes 

Mann Page William Dandridge 

John Carter John Custis & 

William Randolph Esq" 

William Dandridge Esq r being absent on the service of running 
the Boundary between this Colony & North Carolina when the other 
Gent of the Board were sworn pursuant to his present Majesty's In- 
structions, and having first taken the oaths appointed to be taken by an 
Act made in the first year of his late Majestys Reign, and also sub- 
scribed the Test, took the oath of a member of his Majesty's Council. 

Daniel Hornby by his petition praying that David Bray Gent may 
be ordered to pay unto him the money formerly appointed by this Board 
for his improvements on a certain Tract of land since granted by patent 
to the said Bray ; It is ordered that the said David Bray have notice to 
attend this Board at the next Court of Oyer & Terminer to answer the 
said petition. 

Whereas Stephen Chastein at the Council held the 11 th of Decem- 
ber last past, obtain'd a Grant of eight hundred acres of land in the 
County of Goochland, formerly survey'd for Peter Fontaine Clerk for 
default of the said Fontaine's suing out a patent for the same in due 
time, and it appearing to this Board that the said Peter Fontaine whilst 



206 Executive Journals, Councils of Colonial Virginia 

the dispute depended, had procured surveys of the said land to be put 
into the Secretary's office, and had clandestinely obtain'd patents to be 
sign'd for the same, but the said Stephen Chastein having entered his 
Caveat before the said patents were sealed or recorded, and now making 
the truth of this matter appear to the Board; It is ordered that the 
said Patents surreptitiously prepared and signed for the said Fontaine 
be forthwith cancelled, and that a patent for the said land be granted 
to the pet r Stephen Chastein acording to the former order in that behalf. 
Whereas Andrew Byrn at the Court of Oyer & Terminer held the 
10 th instant was convicted of the murder of a Negro Slave under his 
care, and is now under sentence of death, but forasmuch as it appeared 
upon the evidence at his tryal that the said Slave died by means of the 
correction given him for running away, and that the said Byrn who 
was his Overseer had no intention to kill him ; the Council therefore 
humbly recommend him as a fit object to his Maj ty ' s mercy, and the 
rather for that the taking away the life of this man will, in all prob- 
ability stir up the Negro's to a contempt of their Masters and Over- 
seers, which may be attended with dangerous consequences to this 
Colony, where the Negroes are so numerous, and they intreat the Gov- 
ernor to represent the said Byrn's case, and to reprieve him until his 
Majesty's pleasure be known. 

On the petition of Harry Beverley Gent praying that the Caveat 
entered by John Skaife Clerk for stopping a patent for a Tract of land 
found to escheat from George Burge late of the County of King and 
Queen dec d may be speedily heard and determined ; It is ordered that 
the matter of the said petition be heard in Council at the next Court of 
Oyer & Terminer, and that the pet r give the said Skaife notice to at- 
tend accordingly. 

The several Caveats entered by Robert Carter Esq r in behalf of 
the Proprietor of the Northern Neck ag l granting a patent to Larkin 
Chew, Joseph Smith, William Russell, John Chew and Larkin Chew 
Jun r or others for ten thousand acres of land on both sides Happy Creek 
joining on the great mountains, and on Cape Leanock run in Spotsyl- 
vania County, and against granting a patent to Thomas Chew, William 
Johnson and George Home or others for six thousand acres in the fork 
of Leanock run and on the south side thereof in the same County ; or 
to Larkin Chew, Joseph Smith, Thomas Chew, William Russell, Wil- 
liam Johnson and George Home for ten thousand acres of land in the 
fork of Cape Leanock run in the same County, are referred for further 
consideration till the next Council. 

John Fitzgerald having on the 13 th of June 1728 obtain'd an order 
for summoning the heir at law of James Grecian late of the County of 
Isle of Wight dec d to shew cause why three several parcels of land sur- 
vey 'd for the said Grecian in his lifetime and about nine years ago 
should not be granted to the pet r for default of suing out patents for 
the same in due time, and the said John Fitzgerald having caused pub- 
lication to be made pursuant to the order of this Board, and no person 
appearing to lay any Claim to the said land ; It is ordered that the said 
John Fitzgerald have patents for the same, according to the prayer of 
his petition. 



Executive Journals, Councils of Colonial Virginia 207 

On the petition of Richard Fitzwilliam Esq r praying a Grant of 
4000 acres of land surveyed in the year 1719 for Benjamin Bradley, 
Joshua Gee, William Russell & Joseph Farmor ; and for 2000 acres of 
land survey 'd in 1722 for Charles Chiswell, both Tracts lying on Swift 
Creek in the County of Henrico, and no patents sued out for the same 
It is ordered that the said Charles Chiswell and the Attorneys for the 
other persons above named be summoned to appear at the next Court 
of Oyer and Terminer to answer the said petition 

The Caveat entered by Moseley Batteley and Elizabeth his wife in 
behalf of themselves and Mary and Elizabeth Taliaferro daughters of 
Robert Taliaferro dec d against a patent sued out by James Dyer, by 
consent of the parties is continued to be heard in Council at the next 
Court of Oyer and Terminer 

Ordered 

That the several persons against whose patents Caveats are en- 
tered in the Secretary's office have notice to attend this Board at the 
Council to be held at the next Court of Oyer and Terminer, in order 
to a determination of the subject matter of the said Caveats. 

Several petitions for leave to take up land were read and granted 
as follows. 

To Matthew Ligon leave to include in one patent two Tracts of 
land of 400 acres each, lying on Fine Creek in Goochland County with a 
tract of 400 acres already patented by the pet r . 

To William Crawley 500 acres joining to his old land upon Not- 
toway River, with an inclusive patent for both 

To Robert Crawley all the wast land joining upon Joseph Watson 
and Charles Winfree, on the south side of Chickahomeny Swamp in 
Henrico County. 

To William Cabbell three different tracts of 400 acres each, lying 
on Licking hole Creek in Goochland County, with an inclusive patent 
for the whole. 

To Robert Bevil leave to include in one patent several surveys by 
him made on Winticomaick in Prince George County. 

To William Cole and Thomas Massie leave to include in one patent 
ten surveys of 400 acres each, lying in the fork of the Byrd in Gooch- 
land County. 

On the petition of Merry Webb leave is granted him to include 
in one patent two tracts of land assigned to him by William Hudson, 
the one lying on potatoe quarter branch that runs out of the south side 
of Willis's Creek, the other on the north side of Willis's Creek about 
half a mile below potatoe quarter branch, each consisting of 400 acres. 

To Thomas Dansie 2000 acres in Hannover County on both sides 
of Mechamps Creek, otherwise Turkey run or Syme's Creek, beginning 
upon the dividing line between the said County and Goochland. 

Cole Digges Esq r on his petition hath liberty granted him to sur- 
vey and have a patent for eighty foot square of the Beach below the 
bank at York Town adjoining to the place where his warehouse now 
stands for his convenience in building a commodious warehouse thereon 
with leave to extend a Wharf of the same breadth into the River for 



208 Executive Journals, Councils of Colonial Virginia 

the more convenient landing of merchandizes Provided the same do not 
obstruct or encroach on the publick landing or Street leading to the 
River. 

John Ballard Merchant hath order for the like quantity of the 
said Beach for building a Warehouse at the landing he now useth 
under the restriction before mentioned. 

At a Council held at the Capitol the 22 d day of October 1729 

Present 

The Hon le W m Gooch Esq r L l Governour 

M r Commissary Blair R d Fitzwilliam 

W m Byrd John Grymes 

John Robinson W m Dandridge 

John Carter John Custis 

W m Randolph Esq" 

An Order of his Maj tles in his privy Council bearing date the 1" 
of febr* 1728 Whereby his Majesty is graciously pleas'd to Order & 
direct that fifty nine thousand seven hundred and eighty six Acres of 
Land in Spotsilvania County held by Colo. Alex r Spotswood by a 
defective Title be regranted to him by Patent upon his procuring Rights 
for the same declaring his Majesties pleasure that the same Exemption 
from payment of Quit Rents be extended to the said Land as was 
granted by his late Majesty to the Patentee of a thousand Acres of 
Land in the same County whereupon it being propos'd to the Considera- 
tion of the Board how far other persons having large Tracts of Land 
in the afs d County for w ch no Rights were paid or produced at the time 
of the Grant ought to be charged agreeable to his Majesties Intentions 
it is resolved & ordered. That Colo Spotswood ought to produce Rights 
& pay Quit rents for the full Quantity of Land mentioned in the above 
Order of his Maj y in Council the s d Quit rents to be accounted from the 
first day of May 1728 & that the same be demanded accordingly. 

That for all the other large Tracts of Land taken up in the said 
County & not within the benefit of his late Majesties Bounty an Im- 
mediate Demand be made of the Rights for the same which ought to 
have been & were not paid at the time of the Grant excepting always such 
of the said Lands as have been since lapsed & granted to other Patentees 
where his Majesty hath been satisfied for the rights thereof 

That in like manner where the first Patentees have Continu'd 
hitherto in Possession of their several Tracts the Quit Rents for the 
same be demanded from the first day of May 1728 but for as much as 
the s d Patentees have been already recommended to his Majesties favour 
in relation to the Arrears accrued before the said first day of May 

It is resolv'd that the Demand of the Arrears be Suspended until 
his Majesties pleasure be known. 

Commissions of the Peace for the Counties of Westmoreland and 
Norfolk were this day Ordered to be Issued with the addition of several 
new Justices. 



Executive Journals, Councils of Colonial Virginia 209 

Whereas the Cattabow Indians have by some of the Indian traders 
signified their Desire to enter into a Treaty of Friendship with this 
Government It's the Opinion of this Board that the s d Indians be 
encouraged in this their good Inclination and for that purpose be in- 
vited to repair hither at the next General Court But in Case the s d 
Treaty take Effect it be insisted on that the s d Cattabaw Indians shall 
undertake for the peaceable behaviour of the Sapony Indians who have 
lately deserted their Settlement in this Colony & Join'd themselves to 
the s d Cattabaw Indians. 

Ordered that the General Assembly be further prorogu'd till 
Thursday the 12 th of Febr y next & a Proclamation was prepared ac- 
cordingly. 

Oct r 25 th 1729 

Present 

The Governour 

Rob 4 Carter John Carter 

James Blair R d Fitzwilliam 

John Robinson John Grymes 

W m Dandridge Esq" 

On reading at this [Board] Lre from Colo Montgomery Governour 
of New York with a Transcript of a Conference held the 21 st July last 
between the Commissioners for Indian Affairs at Albany & some of the 
Chiefs of the Oneides wherein the s d Indians Complain of that a Con- 
siderable number of their nation have been lately killed & taken prisoners 
by the Virginia Indians & designing reparation But it appearing to this 
Board by several late accounts brought by the Indians Traders that 
the Attack defeat given to the said Oneydes was by the Cattabaw 
Indians on whose Towns the s d Oneydes had made a Secret Attack and 
in the retreat were fallen upon by the Cattabaw Indians without the 
Intervention of any of the Indians of this Colony Its ordered that the 
same be signifi'd to the Governor of New York to prevent any Mis- 
understanding with the six Nations But forasmuch as the Oneyades 
seem principally concern'd to recover their prisoners out of the hands 
of the Cattabaws It is Ordered that a Message be sent to the Cattabaws 
to desire that the s d Prisoners be deld'd up to this Government as the 
Surest means for their obtaining a Peace with the six Nations in which 
this Governm' will employ this Mediation 

On the petition of John Carter Esq r Leave was granted him to 
take up in one Tract Six thousand Acres of Land in the North branch 
of James River joyning on the land of Colo. Tho s Randolph called 
the Indians Field & extending thence so as to include the lands called the 
Buffalo low grounds. 

On the petition of George Webb Gent leave was granted him to 
take up twelve thousand Acres of Land in Hanover County begining 
at a white Oak markd G. W & another B on the Northside of the third 
Northfork of James River at the foot of the Second Mountains comonly 



210 Executive Journals, Councils of Colonial Virginia 

called the great Mountains & extending on both sides this said fork 
provided always that this present the Survey to be made 

thereof do not interfere with or prejudice the Grant this day made to 
John Carter Esq'. 

Nov r the 1 st 1729 

Present 

The Governour 

Rob* Carter John Robinson 

James Blair R d Fitzwilliam 

W m Byrd John Grymes & 

W m Randolph Esq" 

Robert Carter Jun r Esq r having resign'd his place of Naval of- 
ficer of Rappahanock river & the Governour having thereupon Signified 
to divers of the G[entlemen] of the Council occasionally met at the Con- 
vocation of the Visitors of the College his Intention to Constitute M r 
Charles Carter in his Room & no objection being there now offered 
against the Sufficiency of the s d Charles Carter for that Employm 1 
the Governour was pleasd to declare the said Charles Carter Naval 
Officer of the afs d District. 

Whereas by Several Acts past last Session of Assembly the 
Counties of Caroline & Goochland were Erected whereby the free 
holders are entitl'd to the Priviledges of Electing Burgesses for the s d 
respective Counties & whereas. Since the last Session of Assembly 
the Trustees for erecting the College of W m & Mary have by good & 
Sufficient Deeds in Law transfer'd the said College with all the rents 
revenues & perquisites thereunto belonging unto the President & 
masters whereby the s d President & Masters or professors are become 
one Body Politick & Corporate with power to chuse a Representative 
to serve in the General Assembly of his Dominion Its ordered that 
writ issue for electing Burgesses for the said County of Caroline & 
Goochland & for the s d College of W m & Mary to serve in the next 
Session of Assembly which now stands prorogu'd until the 12 th day 
of Febr y next. 

On the Application of the Officers of his Majesties Revenues 
It is Ordered that they be & they are hereby Impowr'd to Issue Rights 
for taking up land for any Sum not exceeding five hundred pounds 
sterl the rights formerly Issued being already disposed of : 

W m Dandridge Esq' present. 

The account of Contingent Charges for the late half year ending 
the 25 th of October the Acco' of Sundry expences about the Governours 
House & an acco' of Sundry charges of the Imprisonm' Tryals & Con- 
demnation of divers pirates were laid before the board examin'd & 
ordered to be p d out of his Majesties Revenue of two Shillings per hogs- 
head. 



Executive Journals, Councils of Colonial Virginia 211 

Nov' 5 th 1729 

Present 

The Governour 

Rob* Carter R d Fitzwilliam 

James Blair John Grymes 

John Robinson W m Dandridge 

John Carter W m Randolph Esq" 

The following Warrants on the Receiver General to be paid out 
of his Majesties Revenues were this day Sign'd by the Governour in 
Council (viz) Out of the two shillings per hogshead Port Duties & Head 
money. 

To the Governour 1/2 years Salary ending the 25 th 

of Oct' last £1000—0— 

To the Gentlemen of his Majesties Council for the 

same time 175 — — 

To the Judges & Officers of the Court of Oyer & 

Terminer held last June 100 — — 

To the Auditor General of the plantations half a 

years Salary ending as above 50 : — 

To the Sollicitor of the Virginia Affairs for the 

same time 50 

To the Atty Gen 1 Salary for the same time 20 

To the Clerk of the Council for his Salary the same 

time 50 

To the Gunners of the Several Batterys for the like 

Salary 20 

To the Ministers preaching before the General 

Court 6 

To the Armourers Salary for the same time 6 

To the Adjutant for his Salary the same time. ... 75 
To W m Prentis for Sundry Charges about the Gov- 

ernours House 29 :18 : 9*4 

To the Same for Sundry Expresses & other Con- 
tingent Charges 61 :12 : 7% 

To the Same for the Charges arising on the Tryal 

of divers Pirates 58:13:10 

And out of the Quit Rents. 

To M r Com 7 Blair 1/2 years Salary £ 50 

To the Atty General 1 /2 years additional Salary . . 30 

The acco 1 of his Majesties Revenue of two shillings per hogshead 
port Duties & Head mony receiv'd by virtue of the late Kings Comis- 
sion & by Comission from his present Majesty were Severally presented 
in Council by the Rec r Gen 1 who made Oath thereto & being examin'd 
by the auditor were certified as usual by the Governour. 



212 Executive Journals, Councils of Colonial Virginia 

Sundry petitions for leave to take up wast Land were presented 
read & granted (viz) 

To John Sandland four hundred Acres on the branches of Long 
Creek & Beverdam Swamp in Caroline County formerly Survey 'd in 
1719 for Tho s Thomason who hath consented to relinquish his preten- 
tions to the pet r . 

To Michael Holland for one thousand acres of Land on the 
branches of Licking Hole Creek in Goochland County adjoyning to his 
Patented land. 

To Rob' Boiling Gent for 1000 acres adjoyning to his patented 
land on Horse pen Swamp on Appamatox River & on Prince George 
County with leave to include both Tracts in a new patent. 

To the s d Rob' Boiling for ten thousand Acres of land including 
that already granted him on Namosine Creek in Prince George County. 

To Alexander Bollin for 1000 Acres of Land on the S° side of 
Buckskin Creek in Prince George County 

To Rob' Bevel for 1500 acres on Winticomacke Creek in Prince 
George County. 

To Abraham Jones for one thousand Acres of Land in Prince 
George County beginning on the upper Side the house Creek three 
quarters of a Mile below the Pet" Mile & running thence up the 
Creek & round his patented land thence cross the s d Creek & down the 
Same until it joyns on the land of Coleman 

On reading at this Board the pet" of Daniel Pugh Gent late Sheriff 
of Nansamond County. It is Ordered that his Majesties Rec r Gen- 
eral pay to the pet r two pounds Seventeen shillings Curr' Money & 
four hundred forty five pounds of Tob° or the Curr' price thereof 
out of his Majesties Revenue of 2s per hogshead it being for one half of 
the Costs & Charges expended by the petitioner in defending a Suit 
brought ag' him for Seizing Six hogsheads of Tob° of one John Cotton 
deced pursuant to an Act of Assembly the one half of the s d Seizure 
having been long Since p d by the pef to his Majesties Use. 

At a Council held at the Capitol the 15 th day of April 1730 

Present 

The Governour 

James Blair John Grymes 

John Carter John Custis & 

R d Fitzwilliam W m Randolph Esq" 

A Warrant under his Majesties Royal Sign Manual bearing date 
the 6'" of October 1729 was read at the Board empowering the Gov- 
ernour to use a new Seal sent him by his Majesty for this Colony & 
directing that the old Seal be return'd in Order to be defeated in his 
Majesties presence in his privy Council and thereupon the Governour 
deld'd the new Seal to be kept as usual in the Secretaries Office & the 
old Seal was delivered up to the Governour in Order to be return'd 
pursuant to his Majesties pleasure. 



Executive Journals, Councils of Colonial Virginia 213 

The Queens most excellent Majesty Guardian of the Kingdom 
having been pleas'd by Order in his Majesties most honourable privy 
Council bearing date the .... day of May 1729 to signify her dis- 
allowance & disapprobation of an Act past in the General Assembly in 
the Year 1705 Entitld an Act declaring how long Judgments Bonds 
Obligations & Accounts Shall be in force for the Assignm ts of 
Bonds & Obligations directing what proof shall be sufficient in such 
Cases & ascertaining the Damage upon protested Bills of Exchange It is 
Ordered that a Proclamation Issue declaring the s d Act of Assembly 
to be repeal'd. 

An attested Copy of his Majesties Warrant directed to the 
Recorder of London for inserting in the pardon granted to the New- 
gate Criminals the name of Sarah Williamson who at a Gen 1 Court 
held in October 1727 was Convicted of the Murther of her Child was 
read at the Board & ordered to be recorded in the Secretary's Office 
& the s d Sarah Williamson was thereupon discharged. 



April 29 th 1730 

Present 

The Governour 

Rob* Carter R d Fitzwilliams 

James Blair John Grymes 

Cole Digges W ra Dandridge 

John Robinson John Custis & 

John Carter W m Randolph Esq" 

A Warrant under the Sign Manual of the Queens most Excel- 
lent Majesty Guardian of the Kingdom Dated 24 th of July 1729 was 
read at the Board whereby her Majesty is pleas'd to order & direct the 
paym' of one thousand pounds out of the Revenue of Quit Rents for 
defraying the charges of running and Sett'ing the Boundaries between 
this Colony & North Carolina in Such manner as his Majesties Lieut 
Governour shall think fit to direct and thereupon the Governour laid 
before the Board an Account of the Application of the said One thou- 
sand pounds & desired their Opinion whether he had not therein justly 
proportioned the rewards to the Several Commissioners employed in 
that Service The Council declared their Opinion that the rewards to the 
Commissioners according to the time of their attendance on that Service 
is a just & equal distribution pursuant to her Majesties Warr' afore- 
mentioned. 

But M r Fitzwilliams desiring to be heard & to offer his Reasons 
why he left the other Comissioners before they had finished the line 
by them run It is the Opinion of the Board that it is improper to enter 
into that matter it appearing by her Majesties Warrant that the pro- 
ceedings in running the s d line are well approv'd & that the Gover- 
nour is a proper Judge of the Service perform'd therein 



214 Executive Journals, Councils of Colonial Virginia 

Whereas his Majesty by Order in his privy Council bearing date 
the 19" 1 day of Nov r MDCCXXIX having been graciously pleasd to 
declare & order that the remission of Rights which by Order in Council 
on the 6 th of Aug' MDCCXXIII was granted to the two new Counties 
of Brunswick & Spotsilvania for Seven Years be understood to extend 
to all Grants of Land in the County of Spotsilvania not exceeding 6000 
Acres including therein the 1000 Acres allowed by the afs d Order in 
Council & that the Grantees be permitted to hold the Same upon Con- 
dition that they do pay the Seven years Quit Rents now in Arrear but 
that whoever shall be desirous to hold more than Six thousand Acres 
shall be oblig'd to pay both the Same Rights & Quit Rents for over 
and exceeding that Number as Lands in any other part of Virg" are 
liabel to It is Ordered that the Officers of his Majesties Revenue 
demand as well the Quit Rents now in Arrear as the Mony due for the 
Rights of all Tracts of Land exceeding the Quantity of Six thousand 
Acres held by any one Patentee in the s d County pursuant to his 
Majesties Pleasure signified on the above recited Order And it is 
further Ordered that the former Order of this Board for Demanding 
the Mony due for Rights for the s d Tracts of Land be as it is hereby 
revok'd and that all Bonds given in the Secretary's Office for paym' 
of the Rights for any Tracts of Land not exceeding the Quantity of 
Six thousand Acres be vacated. 

Rich" Fitzwilliams Esq r absent 

On reading at this Board a Report from R' Hicks & Daniel Hicks 
who at the instance of the Governour of New York were sent to the 
Cattabaw Indians to demand the liberty of Certain Prisoners of the five 
Nations taken by them It appearing to the Board that the s d Rob' 
& Daniel have diligently performed the Service req d of them It is there- 
upon Ordered that there be p d to each of them out of his Majesties 
Revenue of 2s per hogshead the Sum of thirteen pounds Curr' Money 
for their Trouble in the s d Service 

An Acco' of Sundry Disbursments made by Peter Lehemp [Le- 
heup] Esq r on the Service of this Colony amounting to the sums of 
twenty pounds Sixteen Shillings & Six pence and also an acco' of his 
Charges in Obtaining the Pictures of the King & Queen was sent in 
amounting to Seventy nine pounds three Shillings were Severally 
examin'd & allowed. 

On the Application of the Sheriffs of the Counties of Hanover 
& Spotsilvania for a more suitable allowance to enable them to collect 
& make convenient the Quit Rent tob° arising in these Counties many 
of the Plantations lying some Sixty & Eighty Miles distant from Water 
Carriage It is ordered that they be allowed 30 per Cent on all the 
Tob° they receive. 

The Receiver Gen 1 representing that he hath a Considerable Sum 
of mony in his hands rec d for his Majesties Quit rents for the last Year 
& that the Difference of Exchange may be Setled & Certified by 

this Board in Order to enable him to pass his Accounts & make remit- 



Executive Journals, Councils of Colonial Virginia 215 

tances of the s d Money It is accordingly agreed by this Board that five & 
five eighths per Cent be allow'd the Rec r Gen 1 to enable him to turn 
the money reed for his Majesties Quit Rents into Bills of Exchange 
w ch is hereby certifi'd to be the present Differences of Exchange in 
this Colony 

On reading at this Board a Report from the auditor & Receiver 
General upon the petition of W m Rostow* Exec 1 " of the last Will & 
Testament of James Rostow deced late Rec r Gen 1 of his Majesties 
revenues it appearing to this Board that the s c James Rostow did in 
his life time Account to his Majesty for nine pounds two Shillings 
& Eight pence farthing as due for fines rec d in the Northern Neck 
w ch fines was never paid to him but retain'd in the hands of the Sheriffs 
of Westmoreland & Richmond Counties until the Determination of the 
right thereto claim'd by the proprietor of the Northern Neck & have 
since been paid to the s d proprietors Agent It is Ordered that the Rec r 
Gen 1 pay to the s d W m Rostow the s d Sum of nine pounds two Shillings 
& eight pence farthing & that his Majesties Atty General be directed 
to prosecute the persons who were Sheriffs of the afs d County in 1720 
for recovery of the s d Fines 

The following persons were this day nominated & Appointed by 
the Governour to be Sheriffs of the Several Counties for the Year 
ensuing. 

For the County of 

New Kent R d Richardson 

King William James Fountain 

Prince George James Munf ord 

Accomack George Parker 

James City Wm Brown 

York Rob* Armistead 

Caroline J n ° Talliaferro 

EIiz - City Jos Banister 

King & Queen Sam 1 Smith 

Charles City Sam le Harwood 

Essex Silvester Musto 

Princess Anne Francis Mosely 

Norfolk Nathaniel Newton 

Middlesex George Harding 

Richmond Newman Brockenboro 

Lancaster W m Bawl 

Nansemond Theophilus Pugh 

Spotsilvania Edwin Hickman 

Hanover Charles Hudson 

Gloucester Philip Todd 

A New Comission of the peace for the County of Richmond is 
ordered to Issue & That Tho 8 Beal Thomas Barber W m Glassock & 
Sam le Glassock Gent be added to the s d Comission. 



*"Rostow" should be Roscow. The copyist evidently mistook a "c" in the 
original for a "t." 



216 Executive Journals, Councils of Colonial Virginia 

Also a new Comission of the peace for the County of Middlesex 
is ordered to Issue & that Charles Carter James Read & Tho s Price 
be added thereto & the said Charles Carter appointed of the Quorum 
for avoiding any Controversies that may arise concerning the Limits 
of the Counties of Brunswick & Goochland It is Ordered that the 
line of the s d County of Brunswick do extend to Appamatox River & 
no farther & from thence the s d River to be the Boundary between the 
s d two Counties. 

At a Council held at the Capitol the 6 th day of May 1730 

Present 

The Governour 

Rob' Carter [Mann] Page 

James Blair John Carter & 

John Grymes Esq" 

A Warrant for replacing to the Acco* of 2s per hogshead the Sum 
of four hundred & fifty pounds Eighteen Shillings & nine pence out 
of the money Ordered by the Queens Warrant for defraying the 
Charges of running the Boundaries between this Governm' & North 
Carolina was Sign'd per the Governour it being for the like Sum paid 
out of the said Revenue of two Shillings per hogshead for furnishing 
provisions & payment of the Men employ'd in the s d Service 

The following Warrants to be paid out of his Majesties Revenue 
of two s per hogshead for Duties & head money was this day Sign'd by 
the Governour & Council (viz 1 ) — 

To the Governour for his half years Salary ending the 

25 th of April last £ 1000,, 0„0 

To the Gentlemen of the Council for the Same time. . 175,, 0,,0 
To the Judges & Officers of the Court of Oyer & 

Terminer held last December 100,, 0,,0 

To the Auditor General of the plantations half years 

Salary ending as above 50,, 0„0 

To the Solicitor of Virginia Affairs half years Salary 

ending the same time 50,, 0.,0 

To the Atty General half years Salary for the same 

time 20„ 0„0 

To the Clerk of the Council half years Salary for 

same time 50„ 0„0 

To the Ministers attending the General Court last half 

year 6„ 0„0 

To the Adjutant General of the Militia half years 

Salary ending as above 75„ 0„0 

To the Armourer half years Salary for the same time. 6,, 0,,0 

To the Gunners of the Several Battery's half years 

Salary 20„ 0„0 



Executive Journals, Councils of Colonial Virginia 217 



To W m Prentis for Sundry repairs about the Gov- 

ernours House 17, ,19, ,5 

To W m Prentis for other Expenses & contingent 

charges • 105„10„5 

To Peter Lehup Esq r for sundry disbursments in pro- 
curing the pictures of their present Majesties sent 
into this Colony 79 „ 3,,0 

And out of the Quit Rents 

To M r Comissary Blair half years ending the 25 th of 

April 50„ 0„0 

To M r Atty General half years additional Salary for 

the same time 30„ 0,,0 

The Acco' of the Revenue of 2s per hogshead Port Duties & head 
Money receiv'd by Virtue of a Comission from his late Majesty 

And the Acco* of the s d Revenue received by Vertue of his present 
Majesties Comission, And also the acco* of his Majesty's Revenue of 
Quit Rents received for the year 1729 as Setld the 25 th of April last 
being examin'd by the Auditor were Severally sworn to by the Receiver 
General & Certified by the Governour 

Whereas for the encouragem' of James Pappaw to discover his 
Secret for the cure of certain diseases there was promis'd him besides 
his freedom a pension of twenty pounds Curr* mony per Annum & 
forasmuch as the Medicines discovered by the s d Pappaw have been 
tryed & found effectually [effectual] It is ordered that the s d Pension 
be paid him to commence from Lady Day 1729 & that the Same be 
added to the Contingent Charges of the Governm 4 . 

On the Petition of James Nevil Setting forth that about Twenty 
year ago one Benjamin Watkins entr'd for eight hundred Acres of 
Land on the S° side James River near to the Pet" Land but hath never 
Su'd out any Patent for the Same & praying a Grant of the s d Land 
It is Ordered that the s d Watkins be Sumoned to appear before this 
Board at the next Court of Oyer & Terminer to shew Cause why the 
prayer of the said pet r should not be granted 

On the Petition of Nathaniel Bassett praying a Grant of four 
hundred Acres of Land lying on the head branch of Jones Creek & 
joining on the land of Edward Maxwell Sen r & Edw d Maxwell Jun r 
w ch was Surveyed in the Year 1724 for Jn° Woodson the Younger 
since deceas'd & is now possess'd by Jos Woodson the Father of the 
s d John but no Patent Sued out by either of them It is Ordered that 
the s d Jos Woodson be Sumoned to appear before this Board at the 
next Court of Oyer & Terminer to shew cause why the said Land ought 
not to be granted to the Petitioner. 

On the Petition of Thomas Walker praying a Grant of Sixteen 
hundred acres of Land on Maheek Creek in Goochland County Sur- 
veyed for Bartholomew Cocke — in the Year 1727 & no Patent Sued 
out for the same It is Ordered that the Pet r give the s d Cocke notice 



218 Executive Journals, Councils of Colonial Virginia 

to appear before this Board at the next Court of Oyer & Terminer 
after such Notice to answer the s d Petition. 

Sundry Petitions for taking up wast Lands were read & granted 
as follows. Viz'. 

To Edward Stott for 350 Acres adjoyning on his own patented 
Land on the Land he purchased of John Fooley on little licking hole 
Creek in Goochland County with liberty to include the Same in one 
patent with his said former patented & purchased Land 

To Warham Easty 1200 Acres joyning on his patented Land on 
the main deep Creek in Goochland County with Liberty to take an 
Inclusive Patent for both Tracts. 

To Rob' Adams 2000 Acres on Buck Island Creek on the South 
side of the N° fork of James River begining at a white Oak marked 
R A on the Side of s d Creek to compleat that quantity To Isham 
Randolph Gent 1200 Acres in Goochland County on the N° side of 
James River between the lines of John Boiling Leonard Ballow Tarle- 
ton Fleming Tho s Ballow Jackson & the Pet" own Land. 

To Henry Cary eight thousand Acres on both sides the Creek 
of Willis in Goochland County & between Horn Quarter & the Moun- 
tains of the s d Creek to be laid of in one or more Surveys 

To Charles Goodall 1000 Acres in Caroline County on both sides 
Long Creek 400 Acres thereof being already Surveyed & assigned him 
by Thomas Carr & Thomas Thomason who first entred for the same 
& the Residue taken up by the Petitioner 

To W m Canon 1600 Acres in Goochland County beginning on R d 
Cox lower line on the S° side James River 1200 there of being already 
Surveyed 

To Abraham Childers 800 Acres in Henrico County joyning on 
the lines of Coll Tho" Randolph deced Rob' Mosely and Jacob Robert- 
son & on the Branches of the deep Run of Tuckahoe 

To Sam' Burk 536 Acres lying on the East side of the Byrd & 
Joyning on Capt Tho" Massey & the pet" own Land in Goochland 
County. 

To W m Jones 500 Acres on the N° side of Notaway River Prince 
George County including a former Survey of the Petitioners for part 
of the s d Land. 

To Charles Hudson 1000 Acres of Land lying on Rockey Creek 
in Hanover County. 

To John Woodson 1700 Acres on the S° Side James River and on 
Stovals Creek in Goochland County including 300 Acres already 
patented in the Pet" Name. 

To Abraham Venable 1500 Acres of Land on the Southfork of 
Hardware River in Goochland County & on the West Side of the little 
Mountains 

To John Woodson 3000 Acres on the branches of Deep Creek & 
Appamatox River in Goochland County already Survey 'd in eight 
Sev' Dividends, but now to be included in one Patent. 

To John Woodson & Tho" Massy 4000 Acres in Goochland County 
lying on the Byrd & joyning on the Lands late of Colo. W m Cole deced 
purchased of Stephen Hughs & John Woodson 



Executive Journals, Councils of Colonial Virginia 219 



To Abraham Jones 3000 Acres of Land in Prince George County 
begining on the upper Side of the Sweat House Creek so up the s d 
Creek & Crossing the Same to Colemans line 

On the Petition of James Pitillo for 1000 Acres of Land in Prince 
George County between the Lines of Nicholas Butterworth W m Short 
R d Scoggen George Williams & Mottoso Neck Road including the Land 
lately possessed by Roger Archer deced four hundred acres of the 
afs d Tract being already entred by the Petitioner Leave is granted him 
to take up all the above Tract except that possess'd by the s d Archer 
& as to that It is Ordered that the Heir of the s d Roger Archer deced 
be Sumoned to appear before this Board at the next Court of Oyer & 
Terminer to shew cause why the Land claim'd by him ought not to be 
granted to the Petitioners — 

On the Petition of David Woodroof setting forth that Christopher 
Smith deced about thirteen Years ago Surveyed 400 Acres of Land 
lying on East North East River in Spotsilvania County but the s d 
Christopher never in his life time nor his Son Ambrose Joshua Since 
his decease sued out any Patent for the s d Land & praying that he may 
have Leave to enter for the Same It is ordered that Ambrose Joshua 
Son of the s d Christopher deced have Notice to attend this Board at the 
next Court of Oyer & Terminer to shew cause why the Pet r ought not 
to be admitted to an Entry for the s d Land. 

On the Petition of David Woodroof Setting forth that Thomas 
Hill about five years ago Survey'd 400 Acres of Land joyning on the 
Land of Zachary Lewis & the petitioner in Hanover County but the 
s d Tho* Hill never Sued out any Patent for the said Land & praying 
that he may have Leave to enter for the said Land It is hereby 
Ordered that the said Thomas Hill have Notice to attend this Board 
at the next Court of Oyer & Terminer to shew cause why the Pef 
ought not to be admitted to an Entry for the s d Land. 

On the Petition of John Stubblefield Setting forth that James 
Skelton about three Years ago Surveyed 600 Acres of Land lying in 
Goochland County upon the S° side of James River opposite to the 
middle of Elk Island & between the Lands of Joseph Mayo & those 
of M r Benjamin Harrison but the s d James Skelton never sued out any 
Patent for the s d Land and praying that he may have Leave to enter 
for the s d land It is hereby Ordered that the Sd. James Skelton have 
Notice to attend this Board at the next Court of Oyer & Terminer to 
shew Cause why the Pef ought not to be admitted to an Entry for the 
said Land 

On the Petition of Stephen Hughs setting forth that John Stevens 
some time ago Surveyed four hundred Acres of Land in Prince George 
County that the s d Stevens is since dead & has left no Heir & praying 
a Grant thereof 

It is hereby Ordered that the Widow of the said John Stevens 
have notice to attend this Board at the next Court & [of] Oyer & 
Terminer to shew cause why the Pet r ought not to be admitted to an 
Entry for the s d Land 



220 Executive Journals, Councils of Colonial Virginia 

At a Council held at the Capitol May the 29 th 1730 

Present 

The Governour 

M r Commissary Blair W m Dandridge 

Cole Digges John Custis & 

John Grymes W m Randolph Esq r 

The Governour laid before the Board his Maj tles Lre under his 
Royal Signet & Sign Manual bearing date the 22 d day of Janr y 1729"30 
Signifying his royal pleasure for the restitution of all Ships & Effects 
taken as prize from the Spaniards Since the day of June 1728 & 

directing the manner of obtaining the like Restitution of the prizes 
taken by the Spaniards from his Majesties Subjects conformable to the 
Cedulas issued by the King of Spain for that purpose which said Lre 
of his Majesties being read together with a Lre from his grace Duke 
of Newcastle his Majesties principal Secretary of State to the like 
Effect It is hereby Ordered that a Proclamation issue Signifying his 
Majesties Royal Pleasure to all his Subjects of this Domin on to the 
end Such of the Inhabitants of this Colony as have Suffered the 
Seizure of their Goods or Effects by the Spanish Privatees may know 
where to apply for restitution persuant to the Treaties between his 
Majesty & the King of Spain 

His Majesties Additional Instruction to the Gov' for assisting the 
Officers appointed in persuance of a late Act of Parliament for collect- 
ing the Six pence per M° on all Seamans Wages for the Support of 
Greenwich Hospital was read & Ordered to be entred in the Council 
Books 

At a Council held at the Capitol June 11 th 1730 

Present 

The Governour 

James Blair John Robinson 

W m Byrd John Carter 

Cole Digges John Grymes & 

John Custis Esq" 

On reading at this Board the Pet" of Daniel Hornby & Thomas 
Beal Son of Tho' Beal the Elder praying that David Bray Gent may 
be Ordered to pay them the respective Sums of money allowed by a 
former Order for their Improvements on the lands recovered from them 
by the s d David Bray 

The Board taken into Consideration that the pet r did not deliver 
possession of the s d Land until twelve Months after they were directed 
to yield the Same & during that time had the Use of the Land & 
the Improvements & that M r Bray was put to great Charges & lost the 



Executive Journals, Councils of Colonial Virginia 221 

Opportunity of making a Crop on the Said Land & at last was oblig'd 
to sue out Ejectments against the Pet" 

It is therefore Ordered that an Abatement be made out of the 
money formerly directed to be paid for the said Improvements & that 
M r Bray pay to the said Hornby twenty five pounds Curr' Money in 
full of his Demand & to the S d Beal thirty five pounds of like money 
in full of his Demand & no more. 

On hearing this Day at the Board the Petition of John Garner for 
a Grant of Seven hundred Acres of Land in the County of Isle of 
Wight & the Caveat of James Garner against the Same and it appear- 
ing that the Father of the Petitioner was possess'd of the Land afs d 
& was said to have a Patent for the Same which is now lost & that 
in the Year 1684 he Demised part of the S d Tract for the Term of 
ninety nine Years unto his Brother John Garner who now Claims the 
Same. 

It is therefore Ordered that a Patent be granted to the Petitioner 
John Garner for the Land afs d upon his Securing to his said Uncle 
John Garner so much of the Land demised & let by his Father as is 
included within his present Survey for the Residue of the Term of 99 
Years yet unexpir'd 

Present R d Fitzwilliam Esq r 

Mosely Battely & Elizabeth his Wife late the Relict of R' Tal- 
liafarro deced in behalf of themselves & of Mary & Eliz the Daughters 
of the s d Rob' having petitioned for stopping sev 1 patents Sued out by 
James Dyer Tho 8 Edins & Dennis Linsey for Land lying in the first 
fork of Rappedan River in the County of Spotsilvania Nineteen hun- 
dred thirty two Acres of w ch said Land was formerly Survey 'd by the 
s d Rob' Talliafarro in his life time on hearing the Parties It is this 
Day Ordered by the Governour with the advice of the Council that the 
s d Nineteen hundred Eighty two acres of Land formerly Surveyed for 
the said Talliafarro be granted to his Widow & Daughters (viz) 500 
Acres thereof to Eliz now the Wife of the s d Mosely Battely & 1400 
Acres the residue to Mary & Elizabeth Daughters & Heirs at Law of the 
s d Robert and that the Patents prepared for the said Dyer Edins & 
Linsey be stopt Nevertheless reserving power to them to Sue out new 
Patents for so much of the respective Tracts as shall not be included 
within the bounds of the Patents hereby Ordered to Issue to the s d 
Widow & Daughters of the s d Rob' Talliafarro 

On reading this Day at the Board the petition of Ambrose Mad- 
dison & Thomas Chew praying that a former Order made upon the 
Petition of W m Todd of the County of King & Queen Gent may be 
set aside & the Petitioners discharg'd from paym' of the Expence of 
the Survey made on the Lands in Controversy between them & the s d 
Todd the Several Parties being now present & fully heard by their 
Council & the Pet" refusing to Submit to the paym' of any part of the 
Charge of the s d Survey their Petition is therefore dismist & the s d 
W m Todd left to his remedy at Law for the Charge he hath expended 
ascertaining the Bounds of the Lands Claimed by him & the Petitioners. 



222 Executive Journals, Councils of Colonial Virginia 

Humphry Pope & John Edy having Severally entr'd Caveat for 
Stopping any Patents Sued out by Henry Willis Gent for 1500 Acres 
of Land lying in the little fork of Rappahanock River the s d Pope this 
day appeared & by his Council declaring that as the 300 Acres of 
Land which he claims was in the Year 1717 granted by a Deed of 
the Proprietor of the Northern Neck he would insist on his Title under 
that Deed & by the Same at Law whereupon it is Ordered that his Said 
Caveat be dismist & that the other entred by the above named John Edy 
be continu'd to be heard at this Board the next Court of Oyer & 
Terminer 

Abraham Abney & Thomas Clayborne having petitioned for a 
Grant of five hundred Acres of Land lying on the head of the South 
fork of Gilliet Creek in Henrico County which was Surveyed upwards 
of fourteen years ago for one John Robertson who neglected to Sue 
out any patent for the Same : It appearing to this Board by affidavit 
that the s d Robertson hath been duly Sumoned & failing to appear It 
is Ordered that the s d Land be granted to the Petitioners 

The Caveat entr'd by Richard Hickman Edwin Hickman and 
Dennet Abney for Stopping Patents sued out by Robert Adams on 
two Several Surveys for 400 Acres of Land each lying on the Branches 
of Licking Hole Creek in the County of Goochland is continu'd for the 
pet" to make appear that the s d Surveys was made upon Entries pos- 
terior to theirs & within the Bounds described in their s d Entry 

The Several Caveats entred by Thomas Randolph Gent deced and 
Richard Hickman & Dennet Abney for Stopping of patents sued out 
for Nicholas Merriweather Gent for lands lying at the Chestnut Moun- 
tains in the County of Hanover by consent of the Exec" of the s d 
Thomas Randolph & the said Hickman & Abney are withdrawn And 
it is Ordered that the s d Nicholas Merriweather have his Patent for the 
land therein mentioned 

On reading this Day at the Board the petition of Susannah the 
Relict of Anthony Matton late of the Manittaw [Manikin] Town & of 
Gideon Chamber setting forth that the s d Anthony being Seiz'd in Fee of 
two Several parcels of Land part of the Land assign'd for the French 
Refugees and having five Sons devised the s d Land amongst his s d 
Children & soon after departed this life that in a short time after his 
decease all his Children also dyed & his s d Widow being possess'd of 
the afores" Land for a valuable Consideration conveyed fifty three 
Acres thereof to y* Petitioner Gideon Chamber, that one Thomas Jef- 
ferson hath lately sued out an Inquisition whereby the s d Land is found 
to Escheat to his Majesty & praying that they may be preferred to the 
s d Jefferson in the Grant of the said Land & the s d Thomas Jefferson 
being heard thereupon & it appearing that the Petitioners have the most 
equitable pretentention to his Majesties Favour the Governour is pleas'd 
with advice of the Council to order as it is hereby ordered that the 
s d Gideon Chamber & the Widow of the s d Anthony have patents for 
the s d respective Quantities of Escheated Lands now in their posses- 
sions they paying the Composition due to his Majesty & reimbursing 
to the s d Jefferson all necessary Charges in prosecuting the s d Escheat 



Executive Journals, Councils of Colonial Virginia 223 

At a Council held at the Capitol the 17 th day of June 1730 

Present 

The Governour 
Rob* Carter John Carter 

James Blair R d Fitzwilliam 

W m Byrd John Grymes 

John Robinson W m Dandridge & 

John Custis Esq" 

Several Petitions being this Day offered to the Board for leave 
to take up Land on the River Sherrando on the North West Side of 
the great Mountains Rob* Carter Esq 1 " Agent for the Proprietors of 
the Northern Neck moved that it might be entr'd that he in behalf 
of the s d Proprietors Claimed the land on the s d River Sherrando as 
belonging to the s d Proprietors & within the Limits of their Grant & 
that it belonged Solely to the Proprietors to grant the s d Lands w ch 
Motion at his request is entred & then the Board proceeded to the hear- 
ing the s d Petitions. 

On reading at this Board the Petition of John Vanmeter Setting 
forth that he is desirous to take up a Tract of Land in this Colony on 
the West side of the great Mountains for the Settlement of himself 
& Eleven Children & also that divers of his Relations & friends living 
in the Governm* of New York are also desirous to remove with their 
families & Effects to Settle in the same place if a Sufficient Quantity 
of Land may be assign'd them for that purpose & praying that ten 
thousand Acres of Land lying in the fork of Sherrundo River including 
the places called by the Names of Cedar Litch & Stony Lick and run- 
ning up between the branches of the s d River to Compleat that Quan- 
tity & twenty thousand Acres of the land not already taken up by 
Robert Carter & Mann Page Esq" or any other lying in the fork be- 
tween the s d River Sherundo and the River Cahongaroota & extending 
thence to Opeckon & up the south branch thereof may be assign'd for 
the Habitation & Settlem' of himself his family & friends The Gov- 
ernour with the advice of the Council is pleas'd to give leave to the 
s d John Vanmeter to take up the s d first mentioned Tract of ten thou- 
sand Acres for the Settlemen 4 of himself & his family and that as 
Soon as the petitioner Shall bring on the last mentioned Tract twenty 
Families to inhabit or that this Board is Satisfied so many are ready to 
remove thither Leave be & it is hereby granted him for Surveying the 
last mentioned Tract of twenty thousand Acres within the Limits above 
describ'd in so many Several Dividends as the pet r & his s d partners 
shall think fit and it is further ordered that no person be permitted to 
enter for or take up any part of the af s d Land in the meantime provided 
the s d Vanmeter & his family & the said twenty other Families of his 
Relations and Friends do Settle thereon within the Space of two Years 
according to his proposal. 

Isaac Vanmeter of the Province of West Jersey having by his 
petition to this Board Set forth that he & divers other German Families 



224 Executive Journals, Councils of Colonial Virginia 

are desirous to settle themselves on the West Side the Great Mountains 
in this Colony he the Petitioner has been to View the lands in those 
parts & has discovered a place where such Settlement may Conveniently 
be made & not yet taken up or possess'd by any of the english In- 
habitants & praying that ten thousand Acres of Land lying between 
the Lands Surveyed for Rob' Carter Esq r the fork of Sherundo River 
& the River Opeckon in as many Several Tracts or Dividends as shall 
be necessary For the Accomodation & Settlement of ten Families (in- 
cluding his Own) which he proposes to bring on the s d Land The Gov- 
ernour with the Advice of the Council is pleas'd to order as it is hereby 
Ordered that the s d Isaac Vanmeter for himself & his Partners have 
Leave to take up the s d Quantity of ten thousand Acres of Land within 
the Limits abovedescrib'd & that if he brings the above Number of 
Families to dwell there within two Years Patents be granted him & 
them for the same in Such Several Tracts & Dividends as they shall 
think Fit & in the Mean time that the Same be reserv'd Free from the 
entry of any other person. 

Whereas Jacob Stover a Native of Switzerland hath by his Peti- 
tion made humble Suit to this Board for Leave to take up ten thou- 
sand Acres of Land on the West side the great Mountains and on the 
Second fork of Sherundo River on both sides the Branches thereof for 
the Settlement of himself & divers Germans & Swiss Families his As- 
sociates whom he proposes to bring thither to dwell in two Years Space 
It is Ordered by the Governour with the advice of the Council that 
ten thousand Acres of Land lying within the bounds above Described 
be assigned the Petitioner to be laid of in Such Tracts as he shall think 
Fit for the Accomodation of himself & his Partners provided that one 
Family for each Thousand Acres do come to inhabit there within the 
time propos'd And in the mean time that no person be permitted to enter 
for or take up the same other than the Pet r & his Associates 

Sundry Petitions for taking up wast Lands were read & granted 
as follows (viz) 

To W m Chamberlain 2600 Acres of Land on Cary Creek in Gooch- 
land County including 400 Acres of Land already patented. 

To Stephen Hughs 1000 Acres of Land in Goochland County being 
at the beginning of W m Mayo and Bowler Cocks lands on deep Creek 

To R d Jones Jun r 1500 Acres of Land in Prince George County on 
Wests Creek being a Branch of Deep Creek including his last Survey. 

To W m Beverly 12000 Acres of Land in Spotsilvania County on 
Fox River Cannons Rivers by the Branches of Elk River red Oak 
Mountains & foot of the great Mountains 

To W m Mayo 2800 Acres of Land on Willis's Creek survey'd in 
Several Surveys lying Contiguous & adjoyning to Benj" Harrisons 
Land & Mary Webbs with Liberty to joyn the Same in one Patent. 

To R d Williams & Christ' Reynolds a parcell of Low grounds con- 
taining 1000 Acres or thereabouts lying in the upper Parish of Nanse- 
mond beginning at a red Oak on the N° Side of Nittaway River & 
running down Nittaway River to the mouth thereof & thence up black 



Executive Journals, Councils of- Colonial Virginia 225 

water to a pine on the River Side & thence crossing the Neck to the 
beginning 

To W m Chamberlayne 1200 Acres lying on Cubb Creek in Hanover 
County & the Surveyor to lay of the Same accordingly 

To W m Swift Clk 2000 Acres lying on the N° Side James Church 
on the branches of the Deep Creek of Licking Hole in Goochland 
County & bounded on the S° by the Land of Leonard Ballow on the 
S° west by the Land of Cap' Tho" Massy on the west by Sam le Burks 
land & on the other Sides by the land of Dudly Diggs George Souther- 
land W m Spurlock & Joseph Parsons 

To Baldwin Rooks for 2000 Acres of Land in Henrico County lying 
on Peters Branch & Booths branch John Ellis & Richard Randolphs 
lines 800 Acres thereof being already entr'd on two distant Entries 
Surv yr & leave to include the whole in one Patent 

At a Council held at the Capitol July the 9 th 1730 

Present 

The Governour 

James Blair John Grymes 

Cole Digges John Custis & 

John Robinson W m Randolph Esq" 

On reading at this Board a Memorial of Coll Spotswood late Lieut 
Governour of Virginia Setting forth that in the Year 1722 at the In- 
stances of both Houses of Assembly he undertook a Journey upwards 
of twelve hundred Miles to treat with the Northern Indians at Albany 
at Conestogo that upon his representing to the House of Burgesses 
how the kings Revenue given for the Support of the Governm' was 
that Year so burthened with extraordinary Charges that it would 
hardly be able to bear the Expense of the intended Treaty without some 
Assistance from them they gave one Thousand pounds for that Service 
which Sum fell short of the Expences more than Six hundred pounds 
& which exceedings Governour Drysdale promised to lay before the 
next Assembly but nothing being done in that behalf he applyed by a 
petition in England for a reimbursement of the s d Expences but was 
answer'd he should first apply to the Governm' here for the Same that 
before his Arrival in this Colony his Atty had given in that Claim to 
the House of Burgesses that the House had thereupon come to a Resolu- 
tion which doth not reject the Charge but only declares that they have 
already paid as far as they had engaged to assist the Revenue & add- 
ing divers Reasons why he conceived his said Claim to be a Debt which 
this Governm 1 ought in Honour & Justice to see discharg'd the Council 
took the s d Memorial into Consideration and are thereupon of Opinion 
that tho it is reasonable that Colo Spotswood should be paid all neces- 
sary Disbursements expended by him for the Service of the Governm 1 
yet the Services mentioned in his Said Memorial having been performed 
Eight years ago and no Demand for the Charges thereof made till now 



226 Executive Journals, Councils of Colonial Virginia 

it is fit to wait for Directions from great Britain before any Deter- 
mination thereof here & to that purpose that the Governour be pleas'd 
to represent the Case to the Lords Commission" of Trade & planta- 
tions & to transmit a Copy of Colo Spotswoods Memorial and of the 
Account exhibited by him to the House of Burgesses requiring their 
Lordships directions thereon 

Sundry Accounts of persons inhabiting in the County of Nanse- 
mond for the Charges & Expences of conveying thro' that County 
divers Pirates taken in North Carolina in the Year 1727 having been 
Presented to the house of Burgesses & rejected were now exhibited to 
this Board & ordered that the same be referr'd to the Officers of his 
Majesties Revenue to examine & report whether the same have not been 
paid to the Marshall of the Court of Admiralty who brought the Said 
Pirates from Carolina 

Augustine Smith of the County of Caroline Gent by his Petition 
Setting forth that in the Year 1709 in Order to obtain a Patent for 
1500 Acres of Land as lapsed From one John Bowsey he purchased 
of the then Receiver General 30 Rights and that the s d Land being 
afterwards recovered from him & granted to Henry Willis Gent by 
reason of the Pet r not suing out his Patent in due time he hath de- 
manded the said Rights out of the Secretary's Office but upon search 
the same are not to be found & praying relief therein It is Ordered 
that it be referred to the Officers of his Majesties Revenue to examine 
the Allegations of the s d Petition & report their Opinion thereupon 

Comissions of the Peace for the County's of Accomk New Kent 
& King William were this day ordered to Issue with the Addition of 
Sundry persons recomended to be Justices of the peace in the s d respec- 
tive Counties. 

Also Coroners for the Counties of King & Queen & Prince George 
were appointed by the Governour in Council 

On the Petition of Winifred Stevens Widow of John Stevens late 
of the County of Prince George deced Setting forth that her said 
Husband in his life time Surveyed 400 Acres of Land in the s d County 
the Survey whereof was duly return'd into the Secretary's Office to- 
gether with the rights in Order to obtain a Patent but dy'd before same 
was made out that the s d John Stevens having no Issue did on his Death 
bed make his Will & Devise his Right to the said Land to the Peti- 
tioner & one Edward Sanders who had liv'd with him many Years that 
Since the s d John Stevens Death one Stephen Hughs hath petitioned 
for the s d Land Suggesting that the Petitioners late Husband had neg- 
lected to sue out a Patent according to the Orders of the Governm* 
Whereas in Truth the s d John Stevens had before his Death strictly Com- 
ply 'd with the Orders of the Government to entitle him to a Patent for 
the said Land & the Issuing the s d Patent only prevented by his Death 
& praying that the s d Land may now be granted to the Pet r & the said 
Edward Sanders to whom the s d John Stevens designed it The Gov- 
ernour with the Advice of the Council is pleas'd to Order as it is 
hereby Ordered that a Patent be prepared & Issue for the Land afore- 
mentioned in the name of the said Winifred Stevens Edward Sanders 



Executive Journals, Councils of Colonial Virginia 227 

It appearing by the Surveyor Certificate & Duty of the Rights in the 
Secretary's Office that the s d John' Stevens had in his life time done all 
that was incumbent on him for obtaining a Grant of the s d Land & 
it is further Ordered that the Petition lately preferred by the said 
Stephen Hughs for a Grant of the Same Land be as it is hereby re- 
jected 

Sundry Petitions for taking up Waste land were read & granted as 
follows (viz 1 ) 

To Stephen Cox eight hundred Acres in Goochland County lying 
on Appamatox River 

To John Mayo One thousand Acres in Prince George County on 
Deep Creek including his old Land already patented 

To W m Eaton one thousand five hundred Acres on Butterwood 
in Prince George County including his two plantations there 

To R d Herbert one thousand five hundred Acres in Prince George 
County on the Southside Rowanty Swamp including his own Land al- 
ready patented 

To W m Crawly one thousand Acres in Prince George County in- 
cluding his two Surveys on the Northside of Nottoway with Liberty 
of Joyning the whole in one Patent To Thomas Booth two thousand 
Acres in Prince George County on both Sides the Sweat House branch 
of Deep Creek including his old Land already Patented. 

To John Jackson one thousand five hundred Acres in Prince George 
County on the Burthen Swamp 

To Benj Harrison One thousand five hundred Acres lying in 
Goochland County near Willis's River & bounded by the land of W m 
Mayo Ashford Hughs & the Petitioners own Land & that he may have 
leave to join the Same in with his other Land in one Patent 

To Rob* Boiling & James Mumford two thousand Acres in Bruns- 
wick County on the N° side of Roanoke above Blew Stone Creek 

To Adam Rutherford eighteen hundred Acres in Hanover County 
on falling Creek with the Land he has already patented & Surveyed in 
the said County 

To George Alvis one thousand five hundred Acres in Hanover 
County on Maudlins folly Run 

On the petition of John Mitlue Leave is hereby granted him to 
joyn in one Patent eight hundred acres of land in Hanover County 
already surveyed in two Surveys lying in Harris's Creek in the said 
County. 

To R d Randolph Gent Leave to joyn in one Patent 1450 Acres of 
Land joyning to 2700 granted to him by patent in 



228 Executive Journals, Councils of Colonial Virginia 

At a Council held at the Capitol the 28 th day of Oct r 1730 

Present 
The Governour 

Rob* Carter John Robinson 

James Blair John Grymes 

W m Byrd W m Dandridge & 

Cole Diggs W m Randolph Esq" 

Ordered that the General Assembly which now Stands prorogu'd 
to the twelfth day of November be further prorogu'd to Thursday the 
20 th of May next and a proclamation was proclaimed accordingly 

Whereas notwithstanding the Several prohibitions in the Acts of 
Assembly now in force for preventing the unlawful Meetings & Com- 
binations of Negro's & other Slaves Divers Meetings of great num- 
bers of Slaves of late have been held in Several parts of this Colony 
whereby they have had Opportunity of framing Conspiracies against 
the publick peace of this Colony & the Lives & properties of his 
Majesty's good Subjects For preventing the like Dangers for the future 
The Governour with the advice of the Council is pleas'd to order that 
a Proclamation be forthwith prepared & Issue requiring a More Strict 
Execution of the Laws against the unlawful Assembly of Negro's and 
for prosecuting Such as shall Suffer or permit the Same to be held on 
any of their Plantations or do not perform their Duty in dispersing 
the Same with Directions to the Chief Officers of the Militia in the 
respective County's to order out parties of the Militia to Patrol 
at such Times & places as they Shall see fit And that all persons repair- 
ing to their respective Churches or Chappells on Sundays or Holy Days 
do carry with them their arms to prevent any Surprize thereof in their 
Absence when the Slaves are most at Liberty & have greatest Op- 
portunity for that purpose 

Sundry accounts and Contingent Charges for the last half Year 
and also an Account of Charges & Reparations about of the Gover- 
nours house were Severally laid before the Board examined & allowed. 

Whereas his Majesty by order in his Privy Council bearing date 
the 19 th day of Nov r 1729 was graciously pleas'd to declare his Pleas- 
ure that the remission of Rights formerly granted to the of 
Lands in the Counties of Brunswick & Spotsilvania should be extended 
to all 

Land not exceeding Six thousand Acres in the said County of 
Spotsilvania divers persons entituld to his Majesty's bounty 

have purchased the Rights lands granted them by Patent 

& have now made application for repayment of the Same It is Ordered 
that for all Tracts of Lands taken up under the Encouragement of Re- 
mission of Rights for the first of May 1721 to the first of May 1728 
and for which Rights have been purchased by his Majesties Receiver 
Gen 1 the like number of Rights be returnd to the said Patentees so 



Executive Journals, Councils of Colonial Virginia 229 

as the quantity of Land for which the same are to be return'd do not 
exceed Six thousand Acres and the Officers of his Majesties Revenue 
are hereby empowr'd to deliver out Rights accordingly to Such persons 
as are entitul'd thereto 

Alexander Ross & Morgan Bryan of the province of Pensilvania 
having by their petition to this board set forth that they & divers other 
Families of the s d Province amounting to one hundred are desirous to 
remove from thence & Settle them Selves in the Government & pray- 
ing that 100000 Acres of land lying on the west & North Side of the 
River Opeckan & extending thence to a Mountain called the North 
Mountain & along the River Cohongaruton & on any part of the River 
Sherundo not already granted to any other person may be granted them 
in as many Tracts or Dividends as shall be necessary for the Accomoda- 
tion of the afs d Number of families The Governour with the advice of 
the Council is pleased to order as it is hereby Ordered that the said 
Alexander Ross & Morgan Bryan the Petitioners in behalf of them- 
selves and their partners have liberty to take up the said quantity of 
100000 Acres of Land within the Limits abovedescrib'd and that upon 
the above Number of families coming to dwell there within two years 
Patents shall be granted them in Such manner as they shall agree to 
divide the same and in the mean time it is Ordered that the said lands 
be reserved free from the Entry of any other person 

Upon presenting the aforementioned Petition R* Carter Esq r agent 
for the proprietor of the Northern Neck desired that it might be here 
entred that he in behalf of the said Proprietor claimed the said lands 
now petitioned for as within the limits of the said proprietors Grant. 

John Cosby & Benjamin Hinson having Severally petition'd for 
800 Acres of Land lying on a branch of little River in the County of 
Hanover Surveyed for William Weatherford in the year 1722 and no 
patent Sued out for the Same It is ordered that the Consideration of 
the said petition be refer'd until the meeting of the Council at the next 
Court of Oyer & Terminer & that the Parties concerned have notice to 
attend 

John Cosby & Charles Barret having petitioned for 800 Acres of 
land Surveyed for Thomas Carr of the County of Caroline Gent 400 
Acres thereof lying on the S° Side of the South fork of little River in 
the County of Hanover and the other 400 Acres lying on both sides 
the said fork It is Ordered that the said Carr have notice to appear 
before this Board to shew cause why the said Lands ought not to be 
granted to the pet" 

On the Application of the Officers of his Majesty's Revenue It 

is ordered that a Number of Rights not exceeding 500 £ sterl be made 

to enable them to repay the Rights which by his 

Majesty's bounty are remitted to patentees in the new erected 

frontier County's 

A new Comission of the Peace was ordered this Day for King 
William County and M r Cornelius Lyde and M r Humphry Hill were 
added to the said Comission 



230 Executive Journals, Councils of Colonial Virginia 



The Several petitions of Benj. Hinson for a grant of 1000 Acres 
of Land formerly Survey'd for John Ragland lying on the lower side 
of East Creek and on South River in Hanover County. 

And for 1200 Acres of land in two Tracts lying on both sides 
Cubb Creek in the said County Surveyed for Thomas Rice & Edward 
Bullock And for 400 Acres lying on both sides of Cubb Creek above 
Adams Tract in the county af s d 

And for other 400 Acres of land lying on the north Side of the 
South fork of the said Cubb Creek in the County afs d Surveyed for 
the said Tho 8 Rice 

And for 400 Acres Surveyed for W m Harloe & Thomas Hender- 
son lying in the said County of Hanover on the North side of a Branch 
of South river called Tarapin Branch — And for a parcel of Land ly- 
ing on both sides Bever Creek in the said County of Hanover Sur- 
veyed for R d Clough Gent all which said Lands the pef Suggests have 
long since been taken up & Surveyed but no Patents ever sued out for 
the Same Whereby the Pet r insists that the said Surveys are become 
void It is Ordered that the Several parties concerned be here before 
this Board the next Court of Oyer & Terminer and that the Pef give 
Notice thereof accordingly 

On the petition of Charles Goodall praying a grant of 400 Acres 
of Land lying on the branches of Long Creek in the County of Han- 
over Surveyed about 8 years ago for one James Terry who neglected 
to sue out any patent for the same It is Ordered that the Said pet r 
give the said Terry Notice to attend this Board at the next Court of 
Oyer & Terminer in Order to a Determination of the pretentions of 
the parties to the s d Land 

Matthew Issuet having petitioned for a grant of 400 Acres of 
Land in Hanover County Surveyed some Years ago for John Reglin 
who hath neglected to Sue out any patent for the Same It is Ordered 
that the Parties be heard on their pretentions to the said land at the next 
Court of Oyer & Terminer and that the pet" do give Notice to the 
said Ragland to attend accordingly 

Matthew Issuet having petitioned for a Grant of 800 Acres of 
Land lying between the lines of Thomas Rice & 

White on both Sides Cattle branch in Hanover County Surveyed 
for Thomas Ford who hath neglected to Sue out any patent for the 
Same It is Ordered that the said parties be heard on their pretentions 
to the said land at the next Court of Oyer & Terminer & that the 
said petitioner do give Notice to the s d Ford to attend accordingly 

On the petition of John Sersey praying a Grant of 400 Acres on 
Cubb Creek in Hanover County long since Survey'd for John Harris 
who hath neglected to Sue out a patent for the Same It is Ordered 
that the Parties be heard on the Subject matter at the 

next Court of Oyer & Terminer and that the s d Pet r do give the s" 
Harris notice to attend accordingly 

Sev 1 Petitions for leave to take up new Land were read & granted 
as follows 



Executive Journals, Councils of Colonial Virginia 231 



To Henry Willis Gent for 3000 Acres of Land in Spotsilvania 
County lying between Haxle River & the furthermost North river and 
along the Side of the Mountains called the Battle and Red Oak Moun- 
tains. 

To Francis Conway 1000 Acres of land lying on the River Rap- 
padan on the branch thereof in Spotsilvania County near the great 
Mountains & Joyning on the land of Francis Kirkly Thomas Stanton 
& others 

To W m Byrd Esq r for 3000 Acres of land lying on Licking Hole 
Creek in Roanoke River in the County of Brunswick 

To William Jackson 600 Acres of Land in Henrico lying between 
the lines of Henry Randolph Gent deced Thomas Jeffers & Ralph 
Jackson and a Survey made by Henry Anderson for an Iron Work 

To John Hopson 2400 Acres of Land in Goochland County begin- 
ning at a place called Snow quarter on Deep Creek & extending up 
both sides of the s d Creek over the Ridge to the Branches of Appama- 
tox 400 Acres thereof being already survey'd & to include the whole in 
one Patent 

To George Wilson for 800 Acres of Land in Prince George County 
beginning on the lower line of the Land of William Worshan on Smaks 
Creek and between the s d Worshans land & the land of Tho s Webster 

On reading at this Board the Petition of Colo George Braxton 
Rob* Brooke W m Brooke Humphry Brooke Ambrose Madison & George 
Braxton Jun r setting forth that by an Order of this Board Dated the 
Second day of May 1729 there was granted to James Taylor Gent 
10000 Acres of land lying in the County of Spotsilvania formerly 
Surveyed for W m Parker deced & joining on a Tract of Land Comonly 
called by the name of Octuna That the said James Taylor soon after 
obtaining the said Grant fell sick & by his last Will & Testament Devised 
all his Interest therein to his Wife & soon after dyed And that the 
Widow of the s d Taylor hath by an Instrument under her hand relin- 
quish'd her right to the said pet" and praying a Grant thereof in their 
Names It is ordered that a patent be granted the Pet" for the s d 
Lands they entring rights with the Survey hereof in the Secretary's 
Office 

At a Council held at the Capitol the 4 th day of Nov r 1730 

Present 
The Governour 

Rob* Carter John Robinson 

James Blair John Carter 

W m Byrd John Grymes 

Cole Diggs John Custis Esq" 

The following Warrants on the Receiver Gen 1 to be paid out 
of his Majesties Revenues were this Day Sign'd by the Gov 1 " in Coun- 
cil (viz') 



232 Executive Journals, Councils of Colonial Virginia 

Out of the 2s per hogshead Port Duty's & head Money. 

To the Gov r 1/2 years Salary ending the 25 th of 

October £ 1000,,— 

To the Gentlemen of the Council for the same time 175,, — 
To the Judges & Officers of the Court of Oyer & 

Terminer held in June 100,, — 

To the Auditor General of the Plantations 1/2 

years Salary ending 25 th of October 50,, — 

To the Solicitor of the Virginia affairs for the same 

time 50,, — 

To the Atty Genl. for the same time 20„ — 

To the Clk of the Council for the same time 50,, — 

To the armourer for the same 6„ — 

To the Gunners of the Several Battery's for the 

same 20„ — 

To Sundry Ministers attending the Genl Court & 

Assembly 20„ — 

To the Adjutant for the same time 75„ — 

To W m Prentice for Sundry Disbursments about 

the Governours House 54„ 7 

To the Same for Sundry Expresses & other Con- 
tingent Charges 67,, 12,, 11 V 

And out of the Quit Rents 

To M r Com y Blair 1/2 years Salary £ 50„ — 

To M r Atty General 1/2 years Additional Salary. 30„ — , 

The Acco* of his Majesties Revenue of 2s per hogshead port Duties 
& Head Money ending the 25 th of October was presented to by his 
Majesty's Receiver Gen 1 who made Oath thereto & having been first 
examin'd by the Deputy Auditor was certified by the Governour 

Whereas divers persons have taken out patents for great Tracts 
of Land in Spotsilvania County for which they purchased no Rights 
but gave bond for the payment thereof when his Majesty's pleasure 
should be known And his Majesty having now Signified his pleasure 
for omitting the Rights 6000 Acres to each Patentee It is 

therefore Ordered that the Officers of his Majesty's Revenue do de- 
mand of the Several Patentees holding larger quantities than Six 
thousand Acres the mony due to his Majesty for the Rights of such 
Surplus Land & upon refusal of such payment to cause their Bonds 
to be put in Suit 

W m Dandridge & W m Randolph Esq" present 

On the petition of William Beverly Joseph Smith & Joseph Clap- 
ham Gent Leave is granted them to take up twenty thousand Acres of 
Land upon Cohongaratoon beginning at the Mouth of Conecachigh 
River and up both sides thereof and along the Bank of Cohongaratoon 
to include that quantity. 



Executive Journals, Councils of Colonial Virginia 233 

On the Petition of Aug Moore & John Robinson Gent leave is 
granted them to take up thirty thousand Acres of Land upon the River 
Cohongaratoon beginning at the Mouth or Andictan River & extending 
thence to within three Miles of the Mouth of Conecahigh River. 

Joseph Smith Gent having petitioned for twenty thousand Acres 
of Land lying on the north side of the River of Opeckan It is Ordered 
that the s d Petition be refer'd until the return of Alexander Ross & 
Morgan Bryan & their Partners from Pensilvania in order to discover 
whether the Lands mentioned in the s d petition interfere with the Land 
granted to them 

At a Council held at the Capitol the 10 th day of Dec r 1730 

Present 

The Governour 

M r Com ry Blair John Carter 

Will" 1 Byrd John Grymes 

Cole Diggs W m Dandridge 

John Robinson John Custis & 

William Randolph Esq" 

Sundry Petitions for leave to take up his Majesty's land were this 
Day read & granted as follows (viz 1 ) 

To Charles Burgess of the County of Lancaster five thousand 
Acres of Land in the County of Spotsilvania bounding Southerly & 
Westerly on the Battle Run Mountains & on the Lands of George 
Proctor Edward Price & Robert Cave & Northerly on the land of John 
Price & on a main branch of the N° River of Rapahanock 

To Abraham Venables fifteen hundred Acres of Land lying on 
both sides the South River of Pamunky including 400 Acres of Land 
already patented in the Pet" Name 

To W m Chamberlayne Merchant 1400 Acres of land on the S° 
Side of the Rivanna in Goochland County joyning to the land of M r 
R d Cocke including 400 Acres thereof already patented. 

To Adam Rutherford 1500 Acres of Land on both sides of falling 
Creek in Hanover County part thereof already patented in the Pet" 
Name with Liberty to take out a new Patent for the whole. 

To W m Swift Clerk 2000 Acres of Land lying upon the branches 
of Deep Creek near licking hole in the County of Goochland — and 
bounded by the Lands of Capt Tho 8 Massie George Southerland Andrew 
Spurlock & John Hodges 

To James Quarles having petitioned for a grant of one Thousand 
Acres of Land lying in Spotsilvania County near the great Mountains 
& joining to the lands of W m Banks Surveyed for Gilbert Pattison 
about three years ago & no Patent Sued out for the Same It is Ordered 
that the s d Pattison have notice to appear at the Council to be held 
at the next Court of Oyer & Terminer to answer the s d petition 



234 Executive Journals, Councils of Colonial Virginia 

To Edm d Powell 1000 Acres in P. George County joyning to 
the Land of Ball* Herbert Thomas Gent & John Smith including the 
Pet" land already patented. 

To Michael Holland for 3000 Acres in Henrico lying on the 
Branches of Chickahomony & Deep Run & joyning in the Pet" Own 
land with leave to take an inclusive patent for the whole. 

To Chr Degraffenreed for 2000 Acres on Brunswick County on 
the N° Side of Maherrin River beginning at a white Oak markd I F 
at the Mouth of a large Creek called Switz Creek & up the s d River 
& Creek for the quantity 

To John Syme Ambrose Joshua Smith & Lawrence Statham 4000 
Acres on Gold Mine Creek and the branches thereof on Hanover County 
including an Entry made by Benj Brown & Assign'd to the pet" 

To Abraham Venable 4000 Acres on the Branches of the Byrd 
in Goochland County. 

At a Council held at the Capitol the 16 th day of April 1731 

Present 

The Governour 

James Blair Com" John Carter 

W m Byrd W m Dandridge 

John Robinson John Custis & 

W m Randolph Esq" 

Pursuant to the Act of Assembly for amending the Staple of 
Tob° & preventing frauds in his Majesty's Customs The Governour in 
Council was pleasd to nominate & appoint Commissioners in the Several 
Counties of this Colony for directing the building the Warehouses 
established by the s d Act & Settling the Rents thereof and a form of the 
Comissions for the purposes afs d being prepared was read & approv'd 

At a Council held at the Capitol the 19 th day of April 1731 

Present 

The Governour 

James Blair Com rr John Grymes 

W m Byrd W m Dandridge 

Cole Diggs John Custis 

John Robinson W m Randolph & 

John Carter Hen Harrison Esq" 

Hen Harrison Esq r presenting his Majesty's Lre bearing date the 
19 th of Nov' 1730 directing his being admitted one of his Majesties 
Council of this Colony this Day took the Oaths appointed by Act of 
parliament to be taken instead of the Oaths of Allegiance & Supremacy 
the Abjuration Oath mentioned in the Act of Parliament made in the 
first year of the Reign of his late Majesty King George the first 



Executive Journals, Councils of Colonial Virginia 235 

Entitul'd an Act for the further Security of his Maj T " person & Gov- 
ernm' and the Succession of the Crown in the Heirs of the late Prin- 
cess Sophia being protestants and for extinguishing the hopes of the 
pretended prince of Wales & his open & Secret Abettors subscribed the 
Test and was accordingly Sworn & admitted one of the Council 

April the 24 th 1731 

Present 

The Governour 

Rob 1 Carter Jn° Carter 

James Blair Jn° Grymes 

W m Byrd W m Dandridge 

Cole Diggs John Custis 

Jn° Robinson W m Randolph & 

Hen Harrison Esq" 

The following persons were this Day nominated & appointed by 
the Governour Sheriffs of the undermentioned Counties for the ensuing 
Year viz For the County of 

Essex Nicholas Smith 

Charles City Sam 11 Harwood 

Nansemond Thomas Godwin 

Surry Rob 4 Wynn 

Westmoreland Andrew Monro 

Spotsilvama YV m Johnson 

Norfolk Nath 1 Newson 

Henrico Hen Anderson 

Princess Anne Fran" Mosely 

Prince George jam 8 Mumford 

Middlesex Geo Harding 

York R' Armistead 

James City W m Brown 

Lancaster "W m Bale 

Isle of Wight Tho 8 Applewhaite 

Hanover Chr Clark 

Accomack Geo Parker 

Caroline j n ° Talliaferro 

Eliz City Joseph Banister 

King & Queen Sam 1 Smith 

Richmond Newman Brokenborough 

New Kent R d Richardson 

King William James Fontain 

Northumberland Jn° Waughop 

King George John Champ 

Stafford Tho 8 Grigsby 



236 Executive Journals, Councils of Colonial Virginia 

Ordered that the persons following be appointed Justices of the 
Peace for the County of James City R d Booker W m Brodnox W m 
Marable Willis Wilson Michael Sherman Lancelot Woodward & 
Joseph Marston Gent and that a new Comission issue for the s d County 
with the Addition of the Justices afs d 

A new Comission of the Peace for the County of Caroline is 
ordered to be prepared and John William Talliaferra 

Rob 1 Fleming John Taylor James Taylor & John Roy Gent added to 
the Justices in the former Comission 

A new Comission of the peace for the County of Spotsilvania 
Ordered to be prepared & John Chew James Barber & John Finlason 
Gent added to the former Justices for that County 

A new Comission of the peace for the County of Stafford Ordered 
to be prepared & John Lee W ra Brine Henry Washington Rob' Massie 
James Carter & James Markham added to the former Justices for that 
County. 

A new Comission of the peace for the County of King George 
Ordered to be prepared & Lansford Lomax & John Champ Gent added 
to the former Justices for that County 

A new Comission of the peace for the County of Surry ordered 
to be issued & R d Cocke John Chapman Tho s Edmond & William Sim- 
mons Gent added to the former Justices for that County. 

And also A New Comission of the Peace for the County of 
Lancaster Ordered to be issued & Henry Carter in his former Rank & 
Henry Lawson Gent added to the former Justices for that County. 

On reading this Day at the Board a Memorial of Will™ Mayo 
Surveyour of Goochland County complaining of the Inconveni- 
ences daily arising to the Inhabitants by means of the incertainty 
of the lands between that County & Hanover For remedying 
whereof It is ordered that the Surveyors of the s d two Counties 
do as soon as may be cause the dividing line to be run & markd 
from the place where the former Surveyours left of in a due N° 
west Course for [far] westward as the Courts of the respective 
County's shall judge necessary for ascertaining the Boundary be- 
tween the s d two Counties. 

April the 27 th 1731 

Present 

The Governour 

Robert Carter John Carter 

James Blair John Grymes 

W m Byrd W m Dandridge 

Cole Digges John Custis & 

W m Randolph Esq" 

For the better putting in Execution the Act of Assembly for 
amending the Staple of Tob° and preventing frauds in his Maj- 



Executive Journals, Councils of Colonial Virginia 237 



esties Customs The Governour with the advice & Consent of the 
Council this Day nominated & appointed Inspectors for the Sev 11 
Warehouses established by the s d Act as follow (vizt) 
To the Warehouses at 

{James Holman 
Arthur Mosely 
John Radford 
{Joseph Royal 
Wm Worsham 
John Povall 
{Daniel Walker 
W m Poythres 
Peter Jones 
{Tho s Cocke 
Moses Johnson 
Wm Simmons 
{Benj Edwards 
John Simmons Jun r 
Arthur Smith Jun r 
fjohn Soan 

Swineheards & Soans -{Sam 1 Harwood Jun r 

[W m Royal 

{Joseph Godwin 
Sam 1 Davis 
Tho 3 Swan 
fjohn Milner 

Constancy & Sleepy hole < Joseph Godwin Jun' 

[Tho 8 Brewer 

{George Newton 
Sawyer 
John 

{John Tabb 
Harlow Harwood 
Daniel Moor 
fSam 11 Reid 

York & Gloucester \ Rob 1 Sheild 

[Coleman 
Williamsburgh, Tackanack & fRob 1 Goodrech 

Hogneck -j W m Morris 

[Matt Peirce 

{Peter Richardson 
Robert Throckmorton 
Mordecai Cook 
[Ralph Crutchfield 

Crutchfields & Merriweathers jjohn Tally 

[Chr Smith 



238 Executive Journals, Councils of Colonial Virginia 

fChr Beverly 
W m Lawson 
W m Byrd Richards 
{Tho" Threshly 
John Griffin 
W m Beal 
{W m Glassook 
W m Downman 
W m Ball Jun r 
fTho 8 Stark 
Quarles's, Mantepoke & Shepherds. . . .-jjohn Quarles 

[John Collier 

{Walter Clopton 
John Baily 
W m Cradock 
{John Curtis 
John Robinson 
Geo Harding 

[Hen Willis 

Falmouth & Fredericksburgh JBenj Strother 

[John Chew 

{Jos Carter 
Hen Fleet 
David Ball 
Cherrystones, Nasswadox & [Peter Bowdoin 

Hungars < James Forse 

[Rob 1 Nottingham 

(Newman Brockenborough 
Tho 8 Wright Belfield 
Sam 11 Peachy 

fjohn Martin 

Laytons, Brays & Maddox -j Wight 

[W m Strother 

(John Champ 
Francis Conway 
John Roy 
{John Hack 
Tho s Berry 
Charles Pellin 

Nominy & Yeocomico $J artl i c k S P ence 

(Geo Eskredge Jun r 

{John Washinton 
Townsend Dade 
R d Barner 



Executive Journals, Councils of Colonial Virginia 239 

{Francis Awbry 
Benj Strother 
Cadwallad r Dade 
fR d Drumond 

Pungoteague, Pitts & Guilford JW™ Andrews 

[Hancock Nichols 

The Governour with the advice of the Council was pleas'd to 
nominate Justices of the Peace for the new erected County of 
Prince William viz Thomas Harrison Dennis MC c Carty W m Lin- 
ton Francis Awbry Rob' Jones Burr Harrison & Moses Quarles 
of the Quorum & Leonard Barker W m Harrison Valentine Barker 
John Wright John Allen W m Hackney & Joseph Hudnall Gent. 

And also to appoint Rob 1 Jones Gent Sheriff of the said County 
of Prince William for the ensuing Year 

Joachim Michael Gent was this Day nominated & appointed 
Sheriff of the County of Northampton 

Whereas the Court House of Stafford County was lately burnt 
down & Application made to the Governour for fixing a place 
where a new Court House for the said County shall be erected 
It is the Opinion of this Board that the s d new Court House be 
built where the late Court House stood 

And the Justices of the s d County are directed to cause the 
Same to be done with all Convenient Speed 

On the Application of the Inhabitants of Prince William 
County for settling the place where the Court of the said County 
might be held It is ordered that the Court of the said County be 
held on the upper Side of Occaquan River near the ferry Landing 
And that the Justices of the s d County take care that a Court 
House prison Pillory & Stocks according to Law be ordered at 
that place with all convenient speed. 

Ordered That the Surveyor of Prince William County do 
as Soon as conveniently may be run & mark the dividing Line 
from Chappawansuck to Deep run to ascertain the Bounds be- 
tween the said County & those of Stafford & King George 
pursuant to the directions of the Act of Assembly. 

On the application of his Majesties Receiver General for 
ascertaining what is the present Course of Exchange whereby 
he may be enabl'd to remit into his Majesty's Exchequer the 
money he hath receivd for his Majesty's quit Rents It is Certified 
that 22 1/3 per Cent is the present difference between Current 
money & Sterl : And the Rec r Gen 1 is allowed to charge so much 
in his Accounts for reducing the money receiv'd by him for quit 
Rents into Sterl. 



240 Executive Journals, Councils of Colonial Virginia 

April 29 th 1731 

Present 

The Governour 

Rob' Carter John Grymes 

James Blair W m Dandridge 

W m Byrd John Custis 

Cole Diggs W m Randolph & 

John Robinson Hen Harrison Esq" 

The accompt of Disbursements for Sundry Reparations about 
the Governours House and Also the account of Expresses and 
other Contingent Charges for the last half Year were Severally 
examin'd & allowed. 

On the Application of Giles Cook of the County of Gloster 
& Ambrose Addison of the County of Caroline for reimbursm 1 
of the money paid by them for the purchase of Rights to Lands 
in Spotsilvania County before his Majesties pleasure was Signified 
for remitting to each Patentee the Rights of 6000 Acres It is 
Ordered that the Rights to their Respective Tracts not exceed- 
ing 6000 Acres each be return'd to them pursuant to his Maj- 
esties Royal bounty to the Inhabitants of the County. 

John Grymes Esq r his Majesty's Rec r Gen 1 producing to 
this Board a Copy of his Security's Petition to the hon le the L ds 
Com" of his Majesty's Treasury And the Order thereupon for 
delivering up the Bond given there for the Execution of his 
Office as Receiver Gen 1 to his late Majesty & moving that the 
Bond he entr'd into here may also be delivered up & the Se- 
curity Vacated seing he hath given fresh Security upon his re- 
ceiving his present Majesty's Commission It appearing' that the 
Rec r gen 1 hath duly accounted for & paid all Moneys receivd 
by him by Virtue of his late Majesty's Commission It is Ordered 
that this Bond be delivered up & Vacated and the Same was de- 
livered up accordingly. 

The Governour was pleas'd to Constitute & appoint Comm" 
for directing the Building & Settling the Rent of the Ware- 
houses in the new erected County of Prince William pursuant 
to the Act of Assembly for amending the Staple of Tob° &c. 

M r Tho" Booth was this Day nominated & appointed Sheriff 
of the County of Gloucester for the ensuing Year 

On reading at this Board the petition of Henry Harrison 
Esq' Leave is granted him to take up two thousand acres or any 
greater Quantities he shall find on the back lines of the lands 
Assign'd for the Benefit of the late of Virginia India Comp 7 & 
the Lands of M r Tho 8 Cocke within the bounds formerly laid 
out for the Saponie Indians & that he have a Patent for the 
Same distinct from the other Lands formerly granted him within 
the s d Indian bounds 



Executive Journals, Councils of Colonial Virginia 241 

Sundry Petitions for Leave to take up his Majesty's lands 
not already patented were read & granted (viz) 

To Charles Hudson Jonathan Crutchley & Charles Linch 
for 6000 Acres in Goochland County beginning near or upon the 
first great Creek that makes out of the South branch of the N° 
Branch of the N° fork of James River & heads Ag* the ragged 
Mountains & running towards the great Mountains for that 
quantity. 

To Charles Hudson 1060 Acres to be included in one patent 
lying on both Sides Hardware Run in Goochland County & 
now laid out on two Several Surveys being part of a Larger 
Tract granted to John Carter Esq r & the pet r & others 

To Joel Terrill & David Lewis for 3000 Acres in Goochland 
County beginning on a Creek known by the name of Moors 
Creek on the South side of James River of the first Creek that 
runs into the s d River above the first Mountains including both 
sides the s d Creek to the foot of a piney Mountain. 

To John Evans for 1000 Acres on Sapony Creek on P. 
George County including his plantation there & joyning on the 
land of M r W m Starke. 

To Lewis Delony for 2000 Acres on Flatt Cocke Creek on 
Roanoke River in the County of Brunswick including a Survey 
of 790 Acres purchased by him for M r Tho s Cocke 

To George Wharton for 1000 Acres in Brunswick County 
beginning at a Corner of R d Leadbetters on Quarrell Swamp 
and running up both Sides of the Swamp to include that Quan- 
tity. 

On the petition of Joseph Dabbs for a grant of 400 Acres 
of Land lying on Boilings Creek on the N° Side of James River 
in Goochland County survey'd about four Years ago for John 
Hawkins & Thomas Edwards or one of them who have never 
sued out any patent for the Same It is Ordered that the said 
Hawkins & Edwards have notice to attend this Board to answer 
the said petition 

Joseph Dabbs petitioning for a Grant of three Several Tracts 
of Land containing four hundred Acres each lying on Appamatox 
River in Goochland County Surveyed about four Years ago by 
Thomas Rocket & no patent Sued out for the Same It is Ordered 
that the s d Rocket have notice to attend this Board to answer 
the s d petition 

On the Application of Joseph Temple Gent Leave is granted 
him to sue out an Inclusive patent for two Contiguous Tracts 
of Land in Spotsilvania County the one Containing One Thou- 
sand Acres granted him by patent bearing date the 14 th of Sep' 
and the other for 250 Acres by patent bearing date the 28 th of the 
s d M° 1728 



242 Executive Journals, Councils of Colonial Virginia 

May the 6 th 1731 

Present 

The Governour 

James Blair Jn° Grymes 

Cole Digges W m Dandridge 

Jn° Robinson John Custis 

John Carter W m Randolph & 

Hen Harrison Esq" 

The following Warrants on the Receiver Genl. to be paid 
out of his Majesties Revenues were this day Sign'd by the 
Gov r in Council (viz 4 ) 

Out of the 2s per hh d Port Duty's & head Money. 

To the Governour y 2 years Salary ending the 

25 th of April £ 1000,,—,,— 

To the Gentlemen of the Council for the same 

time 175,, — ,, — 

To the Judges & Officers of the Court of 

Oyer & Terminer held in December 100,, — ,, — 

To the Auditor General of the plantations y 2 

years Salary 50„ — ,, — 

To the Solicitor of the Virginia Affairs for the 

Same time 50,, — „ — 

To the Attorney Gen 1 for the Same time. . . . 20,, — „ — 

To the Clerk of the Council for the same time . 50„ — „ — 

To Sundry Ministers preaching before the gen- 
eral Court 8„ — „ — 

To the Armourer for his Salary for the time 

above 6„ — ,, — 

To the Gunners of the Several Batterys 20„ — ,, — 

To W m Prentis for Sundry disbursments about 

the Governours House 40„ 7,, S l /> 

To the Same for Sundry Expresses & other 

contingent Charges 32„ 6,, 2y 2 

To the Adjutant y 2 years Salary 75,, 0,, — 

And out of the Quit Rents 

To M r Com ry Blair l / 2 years Salary 50,, — ,, — 

To the Atty General y 2 years additional Salary 30,, — ,, — 

The Acco' of his Majesties Revenue of 2s per hh d Port 
Dutys & head money ending the 25 th of April last examin'd by 
the Deputy auditor was presented by his Majesties Receiver 
Gen' who made Oath thereto And it was thereupon Certified by 
the Governour as usual 



Executive Journals, Councils of Colonial Virginia 243 

The acco' of his Majesties Revenue of Quit Rents & Com- 
positions for Escheated lands examind per the Auditor was pre- 
sented by his Majesties Rec r General who made Oath thereto 
And was Certified by the Gov r in the usual Form. 

On the Application of the Officers of his Majesties Revenue 
It is Ordered that they be and they are hereby impowr'd to Issue 
a Number of Rights not exceeding the value of £500 Sterl for 
the Supply of such as have Occasion to take up his Majesties 
Lands 

Whereas Mary Aggie a Christian Slave belonging to Anne 
Sullivan of the City of Williamsburgh Widow was at a Court 
of Oyer & Terminer held in York County convicted of Felony 
for which if she was a Free woman She ought to have the Benefit 
of the Statute made in the 3 d & 4 th of King William & Queen 
Mary It is Ordered that a pardon be prepar'd for her upon con- 
dition that she be transported out of this Colony to Some other 
of his Majesties plantations there to be sold as a Slave. 

For recording all Doubts & Questions which may hereafter 
arise whether Negro Mulatto or Indian Slaves 

It is ordered that M r Attorney Genl. M r Holloway M r Ran- 
dolph and M r Hopkins do meet & prepare a State of the Case 
agreeable to the Laws & Constitution of this Colony together 
with their Reason for & against the said priviledge in order to 
be transmitted home for the Opinion of his Majesties Atty. & 
Sollicitor General or such others as his Majesties principal Secre- 
tary of State or the L ds Commissioners for Trade & Plantations 
shall think fit to Consult thereon and that the Charge thereof be 
defray'd out of his Majesties Revenue 

The Justices of Accomack County having transmitted a 
Complaint ag l M r W m Andrews for misdemeaning himself in 
his Office as a Justice of the Peace It is ordered that a Copy of 
the said Complaint be sent to the said Andrews and that he do 
return his Answer thereto with all Speed 

Ordered that the Genl. Assembly be prorogu'd to Thursday 
the 24 th day of June next and a proclamation was prepared ac- 
cordingly 

Whereas the Battery's at York and Tindales Point are be- 
come very ruinous & their Platforms much decayed It is ordered 
that the said Batterys As well as the other Batterys in the 
Colony w ch shall be found to require the same be forthwith put 
in good repair and that the Charge thereof be defray'd out of 
his Majesty's Revenue of 2s per hh dd . 

John Carter keeper of the publick Goal by his petition repre- 
senting that by means of the many Criminals committed to the 
s d Goal he has been at a Considerable charge and is like to be 
at a far greater before the next Meeting of the Assembly & 
praying that a Sum of Money may be advanced him out of his 
Majesties Revenue on the Condition of what is already become 



244 Executive Journals, Councils of Colonial Virginia 

due to him from the Publick to enable him to defray that Charge 
It is accordingly Ordered that the Sum of fifty pounds Curr' 
money be advanced to the said Carter he giving the Receiver 
General an Assignm 1 for so much out of what is due to him 
from the Assembly for repaym 1 of the same And it is further 
Ordered that his Salary be paid him half Yearly the better to 
enable him to Support the Charges of the said Office. 

W m Randolph Esq r & R d Randolph Gent by their Petition 
setting forth that Sometime ago they obtained a Grant of ten 
thousand Acres of Land in the fork & on the Branches of 
Appamatux but upon further enquiry into the Scituation of the 
s d Land they find it extends into three Several Counties whereby 
they have been disabled from getting Surveyed thro the inter- 
fering pretentions of the Several Surveyors & praying that they 
may have Liberty to employ which of the said Surveyors they 
shall think fit to lay out the s d Tract It is accordingly Ordered 
that the Surveyor of either of the Counties of Henrico Bruns- 
wick or Goochland On the Application of the Pet" be & he is 
hereby empowered and required to lay of the said Tract of Land & 
return a Survey thereof notwithstanding the same may Run into 
either of the adjacent Counties. 

On the petition of W m Chamberlayn Merch* Leave is granted 
him to take up fourteen hundred Acres of wast Land adjoyning 
to a Tract of four hundred Acres granted by patent bearing 
date the 26 th of Oct r 1725 Ebenezer Adams & by him sold to 
the Pet r lying in the County of Goochland And the pet r is al- 
low'd to Sue out an Inclusive patent for both the s d Tracts. 

On the Petition of Charles Burgess Merch' setting forth 
that on December last he obtain'd an the Leave of this Board 
to take up 5000 Acres of Land in Spotsilvania County bounding 
on the battle Run Mountain & the Lands of George Proctor 
Edw d Price & John Price & that Since obtaining that Order he 
hath purchased the adjacent Land of the s d Proctor & Edw d & 
John Price viz 1000 Acres of each granted to them by patents 
bearing date the 28 th of Sept r MDCCXXVIII & praying he may 
have an inclusive patent for the s d eight thousand Acres It is 
Ordered that upon the Return of the Survey of the s d Land the 
Pet r have leave to take out an inclusive patent for the s d eight 
thousand Acres according to the prayer of his petition. 

Sundry petitions for Leave to take up his Maj tle * Lands 
were read & granted (viz*) 

To David Walker for 1000 Acres joyning to the pet" land 
on Buckskin Creek in Prince George County & bounded by the 
lines of Rob 1 Munford Joseph Stroud John Lines and Israel 
Robertson 

To W' n Cabbell for 3200 Acres in one or more Dividends in 
Goochland County lying on both sides the Fluvanna (but exclud- 
ing the said River out of the quantity) below the second Fork & 



Executive Journals, Councils of Colonial Virginia 245 

beginning at the Mouth of a Creek on the North side of the 
River near an Island called Buffalo Island 

To Booth Napier for 1200 Acres in Goochland County be- 
gining at the mouth of a Branch that falls into the upper side 
of the Byrd above the Fork of that River 

To Francis Epes Gent for 2000 Acres on Swift Creek in 
Henrico County to W m Bass for 400 Acres in Henrico County 
adjoyning to a Tract of the like Quantity already Surveyed for 
him with Leave to Sue out an inclusive patent for both Tracts. 

Henry Edlo by his petition praying a Grant of 292 Acres 
of Land in Brunwick County Surveyed For James Nibbell of 
Surry County in the Year 1728 but no patent Sued out for the 
Same It is Ordered that the s d Nibbell have notice to attend this 
Board to answer the s d petition And in the Meantime that no 
patent be granted him for the s d land. 

At a Council held at the Capitol the 10 th day 
of June 1731 

Present 

The Governour 

M r Com ry Blair John Grymes 

W m Byrd W m Dandridge 

Cole Digges John Custis 

John Carter W m Randolph & 

Hen Harrison Esq" 

This Day being appointed for hearing & determining the 
pretentions of Sundry persons to Grants of Land upon Surveys 
returnd into the Secretary's Office & Caveats entred ag* the Same 
the Several parties were called in & heard And upon hearing 
Council on the Matter in dispute between Thomas Butt & John 
Simmons of the County of Surry Gent concerning the Right 
to a piece of Land called Ranson Island It appearing to the 
Board that the Pet r Butts hath not any pretence to the said 
land as within the natural Bounds of his Patent nor is entitl'd 
thereto under the Denomination of Sunken Grounds thereto ad- 
joyning in regard the s d Island contains 300 Acres of Plantable 
land It is Ordered that his Caveat be vacated & that a patent 
be granted for the s d Island to the said John Simmons who pur- 
chased the Right of the Nattoways Indians thereto by the Licence 
& Approbation of the Governm'. 

Nathaniel Bassett having petition'd for a grant of 400 Acres 
of Land lying on the head branch of Jones Creek & joyning on 
the lands of Edward Maxwell the elder & younger Survey'd for 
John Woodson Jun r in 1727 & Since his Death possessed by his 
Father Joseph Woodson but no patent sued out by either It 



246 Executive Journals, Councils of Colonial Virginia 

appearing that the s d Joseph Woodson had due notice to attend 
& failing to appear It is ordered that the said Land be granted 
to the pet r . 

Ann Parnell Widow having entred a Caveat ag l a Patent sued 
out by John Garner for land in Isle Wight County and Suggest- 
ing that the said Garner hath in his late Survey exceeded his An- 
'cient bounds & run within the bounds of her Patent & taken away 
Lands whereof she has been long in possession It is ordered that 
the said Garner do at his own Charge cause the said Parnells land 
to be Surveyed according to the ancient Bounds of her patent 
And that the said Survey be return'd to this Board to the end a 
final Determination may be made between the said Parties. 

John Cosby & Benj Hinson having Severally petitioned for 
800 Acres of Land Surveyed for W m Wetherford in 1722 and by 
him Assigned to R l Jennings & by the s d Jennings assigned to 
Hugh Owen deced but no patent ever sued out by either of 
the s d parties And now the Pet" appearing Benjamin Hinson 
declared he relinquished all pretensions to the said Land but 
the pet r Cosby insisting on a Grant thereof to be made to him 
since the Entry & Assignm 1 were all become void for not suing 
out a Patent pursuant to the orders of Governm'. Where- 
upon John Syme Gent appeared & in behalf of Anne Daugh- 
ter & heir of the above named Hugh Owen informed the 
Board that soon after Wetherford Surveyed the said Land he 
Assigned his Entry & Survey to Rob' Jennings who in a very 
Short time exchanged the s d Land with Hugh Owen father of 
the said Anne for a tract of Land whereof the said Hugh was 
Seiz'd in fee & imediately was possess'd thereof That the s d 
Hugh Owen soon after departed this life leaving the said Anne 
his Heir then not above three Years of age that his Widow mar- 
ried one Craghill who being much in Debt remov'd out of this 
Colony into North Carolina Sev 1 years ago carrying with him 
the said Anne Owen who has been out of this Colony ever Since 
and forasmuch as the said Anne by reason of her tender Years 
& her being destitute of friends to assist her was incapable to 
Sue out her patent he prayed that a Patent might be now granted 
in her name offering to advance for her the purchase money for 
the Rights & all other Charges of this Patent & Sealing rather 
than the s d Orphan should be defeated of the only recompence 
she is like to have for the loss of her Inheritance conveyed by 
her Father in lieu of the lands now in dispute Whereupon the 
Board taking the whole matter into Consideration have thought 
fit to Order as it is hereby ordered that a Patent issue in the name 
of the said Anne Owen if the said M r Syme will take out the 
Same within the space of six M os from this date paying down 
the purchase of the Rights & all other Charges according to his 
proposal, and he is also to pay to the pet r Cosby his expenses in 
prosecuting this petition And if he fails to take out the said 



Executive Journals, Councils of Colonial Virginia 247 



Patent Ordered that the Land be granted to the s d Cosby And 
it is the opinion of this Board that the s d Anne Owen or who- 
ever else in her Right shall take benefit of this Patent ought to 
pay M r Syme all his Disbursements & Charges thereon 

John Cosby having petitioned for a grant of 400 Acres of 
Land formerly Surveyed for M r Tho s Carr Jun r on which the 
said Carr was ordered to be Sumoned but the Pet r not making 
it appear that the said Carr had due Notice It is ordered that 
he give the said Carr Notice to attend this Board at the Council 
to be held at next Court of Oyer & Terminer to shew cause 
why the said Land ought not to be granted to the pet r . 

On hearing the Parties on the Caveat entr'd by Benj Hen- 
son for stopping a Patent to Rich d Clough for Land in Hanover 
County It appearing by the Oath of M r Syme the Surveyor that 
he tendered the Survey made for M r Clough within six Months 
of its Date at the Secretary's Office & that the same was refus'd 
because he had no Directions from the s d Clough to pay for the 
parchment on which it was to be engross'd And that soon after 
the petition & Caveat of the s d Henson was entr'd It is ordered 
that the s d Rich d Clough have leave to take out his Patent for 
the s d Land he paying the said Henson the Expenses of prosecut- 
ing this Petition. 

The Caveat entred by Dennit Abney & Edwin Hickman for 
stopping the Patents sued on Surveys made by Tho 3 Randolph 
deced W m Dandridge Esq r & Rob' Adams for Land in the County 
of Goochland is continued to be heard at this Board on the 5 th 
day of the next General Court at which time all the Parties con- 
cern'd together with M r Mayo & M r Woodson Surveyor of Gooch- 
land County are Ordered to attend 

On the motion of the Heirs of R d Kendale deced It is Or- 
dered that the Dispute arising on the Escheat of the Lands of 
Joseph Chermeson deced be heard & determin'd at the next Court 
of Oyer & Terminer and that W m Marable & all others con- 
cern'd do attend accordingly 

On hearing the petition & Caveat of James Harris against 
the Granting a patent to John Peter Bilbo for 200 Acres of land 
in Goochland County The pet r failing to make out the Allegations 
of his Pet" the same is therefore dismist and the s d Bilbo allow'd 
to take out his patent for the 200 Acres of Land entered for by 
him but if there be found any greater Quantity untaken up than 
the two hundred Acres aforesaid It is ordered that the Pet r have 
a Grant thereof he returning a Survey thereof in due time. 

Whereas it was Ordered on the pet" of James Pitillo for a 
Certain piece of Land lately possest by one Roger Archer Deced 
lying in the County of Prince George that the Widow of the s d 
Archer should have notice to attend & make out her pretentions 
to the said Land and it now appearing that the s d Roger Archer 
at the time of his Death left a Son who is since dead leaving a 



248 Executive Journals, Councils of Colonial Virginia 

Widow & one Daughter an Infant It is Ordered that the pet r 
give notice to both the said Widows to attend this Board at the 
Council held at next Court of Oyer & Terminer to shew cause 
if any they have why the s d Land ought not to be granted to 
the Pet r . 

The Several Caveats entr'd by Benj Henson for Stopping the 
grant of two several Tracts of Land in Hanover County sur- 
vey'd long Since by Tho" Rice are Ordered to be heard at the 
next Court of Oyer & Terminer 

In the Caveat entr'd by Burnett ag' a patent su'd 

out for Chicholine for Surplus land found in a Deed granted to 
one Tho s Petit It is ordered that the partys have leave respectively 
to take the Affidavits of Witnesses before any one or more Jus- 
tices of the Peace of the County or Counties where the s d Wit- 
nesses reside giving due notice to the adverse party of the Time 
& Place of Such examination and that the matter in Dispute be 
heard at the next Court of Oyer & Terminer. 

On the Petition of Benj Henson for stopping a patent sued 
out by John Ragland for 1000 Acres of Land in Hanover County 
Oath being made by the s d Henson that he gave due notice to 
the said Ragland to attend this day who answered that he would 
not for the Land was lost It is Ordered that a patent be granted 
the Pet r for the s d Land. 

Matthew Jouett having entred a Petition & Caveat ag 1 grant- 
ing a Patent to Benj Brown for 400 Acres of Land on on Con- 
trary River in Goochland County and the s d Brown having been 
duly Sumoned & not appearing It is Ordered that the s d land 
be granted to the pet r . 

The Caveats entr'd by Benj. Henson ag' Thomas Rice are 
continued to be heard at the Council held next Court of Oyer 
& Terminer 

The Caveat entr'd by Tho" Walker ag' Bartholomew Cox 
for 1600 Acres of Land in Goochland County is continued to be 
heard at the Council held next Court of Oyer & Terminer 

David Woodroof having petitioned for 400 Acres of land in 
Spotsilvania County Surveyed for Chr Smith deced in 
MDCCXVIII and no patent Sued out It appearing that Ambrose 
Joshua Smith Son of the Said Christopher hath had due Notice to 
attend & not appearing It is Ordered that the land afs d be granted 
to the Pet r . 

The matter in Dispute between Tho 8 Jefferson & Gideon 

Chamber touching the Grant of Land found to Escheat from 

Matton is referr'd to be heard in April next the Heir 

of the s d Matton being in England as is Suggested & intending 

to traverse the said Escheat. 

The petition & Caveat of Will™ Brown Gent ag' W" Natt for 
stopping the s d Natts patent for 385 Acres of Land in Brunswick 



Executive Journals, Councils of Colonial Virginia 249 

County is ordered to be heard at next Court of Oyer & Terminer 
& the Pet r to attend accordingly. 

Ordered that the General Assembly which now stands pro- 
rogu'd to the 24 th be further prorogu'd to Thursday the 18 th of 
Nov r next 

Whereas Matt. Inglish & John Fitzpatrick try'd & convicted 
at last Court of Oyer & Terminer for Burglary & Felony in break- 
ing the Storehouse of John Washington Gent & stealing there out 
divers Goods and it being represented by the Judges of the s a 
Court that the said persons being very Young are fit objects of 
Mercy It is the Opinion of the Council that the said Inglish & 
Fitzpatrick be pardoned & transported out of this Colony into 
some other of his Majesties Plantations for the Term of Seven 
Years. 

On reading at this Board the petition of Mujaiah [Micajah] Perry 
Esq' Alderman of London Setting forth that in the year MDCCXXIX 
he sent into this Colony a Ship called the Princess Carolina 
whereof W m Holliday was Master to load Tob for acco' of the 
Pet r that the s d Ship took on board 540 hhdds of Tob° for the 
Duties of which & the port Duty's the s d Master drew Bills of 
Exchange on the pet r for £65„14„3 which he hath p d . That the 
s d Ship in her Voyage home was cast away in a violent Storm 
& all the Lading entirely lost and praying that he may be rep d the 
said Sum of £65„14„3 out of his Majesties Revenue of 2s per 
hh d port Duty's & head money or that he may be allowed to ship 
the like quantity of Tob with the like Allowance of Tonnage free 
from paym 4 of Duty's It is the Opinion of this Board that the 
port Duties being due upon the first entry of the Ship in this 
Colony cannot be drawn back or abated on any subsequent loss 
or accident hapning after her departure from hence and that the 
2s per hh d are due from & may be recovered of the respective 
Freighters & ought not to be p d out of his Majesty's Revenue nor 
any allowance for shipping the like quantity duty free there being 
no Precedent for any Such allowance. 

The Governor laid before the Council the Copy of a Memorial 
presented to the R' Hon le the Lords Com" for Trade & plantations 
in answer to certain Objections offered by the Com" of his Maj- 
esty's Customs ag' the Act of Assembly for amending the Staple 
of Tob° & preventing frauds in his Majesty's Customs & the said 
Memorial was read and there upon resolv'd that Mr. Leheup hath 
done an acceptable Service to this Colony in presenting the said 
Memorial and that not only his necessary Disbursments in favour 
of the s d Act be repaid him but that all [att] the making up the 
next Account of the Revenue a Suitable gratification be made him 
for his personal trouble and care in Sollicking the Approbation of 
the Same. 

On reading at this Board the petition of Will m Beverly of 
the County of Essex Gent, Joseph Smith of the County of King & 



250 Executive Journals, Councils of Colonial Virginia 

Queen Gent Joseph Clapham Tho" Watkins & Simon Jeffries 
Setting forth that they are desirous to take up & Seat a large 
Tract of Land beyond the Mountains within this Dominion upon 
the Same Terms & Conditions as Lands have been granted to 
John & Isaac Vanmeter Morgan Bryan & others and praying a 
Grant of twenty thousand Acres of Land lying Westerly of the 
blew Ridge of Mountains in the Main fork of Opeckan & up the 
Northern Branch in fork thereof to it's head & from thence to 
Conai als the lost River & up the Southerly Side thereof for the 
northerly bounds of the s d Tract & for the Southerly bounds to run 
up the Southern branch of the said fork of Opeckon to the head 
thereof and from thence to Cedar Creek which issues out of the 
Northern branch or fork of Sherundo River thence up the Southern 
Side of the said Creek & the most Southerly Branches thereof to 
its head & from thence westerly to a branch of the afs d River 
Conai or the lost River It is Ordered that the pet" have leave to 
take up the afs d quantity of twenty thousand Acres of Land within 
the bounds above described not being already granted to any 
other person Upon Condition nevertheless that the pet r do within 
two years from the Date of this present Order bring twenty 
families to inhabit the said Tract or otherwise this present Grant 
to be void and it is further Ordered that as soon as the pet" 
shall have settled the said Land with twenty families a Patent 
be granted them for the same upon the like Reservation of Quit 
Rents & Conditions of seating & planting as other Lands held of 
his Majesty within this Dominion 

On the petition of John Fishback Jacob Holtzklow Henry 
Setler Jacob Senzaback Peter Reids Michael Shower John Vainde- 
hoase George Wolf W ,n Carpenter & John Richler in behalf of 
themselves & other German Protestants for leave to take up fifty 
thousand Acres of Lands on the Westerly side of the great Moun- 
tains It is Ordered that Leave be granted the pet r to take up the 
said quantity of Land on the East side the second fork of the 
River Sherundo & running up that fork & crossing the Neck of 
the s d fork above the Land of Jacob Stober & his partners upon 
Condition that the Petitioners do within two Years from this 
Date bring fifty Families to inhabit the s d land Otherwise this 
present Grant to be void and if upon their performing the s d Con- 
dition Patents be granted them for the s d Land under the Same 
Conditions of Cultivation & planting and paym* of quit Rents as 
other Lands held of his Majesty within this Dominion. 

Sundry Petitions for Leave to enter for & Survey his Majesties 
Wast Lands were read & granted as follows (viz') 

To Henry Walthall for 1500 Acres in Henrico County joyning 
on the Lines of W m Moseley Jn° Harlow John Ralph Blankinship 
W m & John Pride John Parkinson Ralph & W m Jackson & on 
the Pet" own Land with Liberty to sue out an Inclusive patent 
for that Tract & 500 Acres thereto adjoyning. 



Executive Journals, Councils of Colonial Virginia 251 

To John Phelphs for 800 Acres in Goochland County lying 
on deep Creek of James River 

To R l Ashurst for 1200 Acres on the Southside of Swift Creek 
& on both Sides the Turkey Branch on Henrico County 

To Charles Lewis & R l Lewis Gent for ten thousand Acres 
of Land lying on Ivy Swamp on the S° Side of the N° Branch of 
James River in Goochland County 

To R d Stewart for 1200 Acres in Prince George County on the 
N° Side Moccosoneck Creek between the Lines of James Pitillo 
W m Toby R d Cocke John Butler & James Bank & the Road 
called Rowantie Road 

To Tho s Ravenscraft Gent for 10,000 Acres lying on a Creek 
of Maherrin River called Pigeon-West Creek & the branches of 
Roanoke River which lock in with the s d Creek in Brunswick 
County 

To W m Edwins for one thousand Acres in Spotsilvania County 
joyning to the plantation whereon the pet r now dwells and to have 
an Inclusive Patent for the whole. 

To Henry Willis Gent for 1000 Acres in Spotsilvania County 
adjoyning to the Lands of Buckeror Rowston Rowland Thornton 
& Augustine Smith. 

To Michael Holland for 7000 Acres in one or more Tracts 
lying on the Branches of the Byrd & Licking Hole Creek in 
Goochland County. 

On the petition of Robert Brooke Gent Leave is granted him 
to Sue out an inclusive patent for three Tracts of Land lying 
contiguous in Spotsilvania County One whereof containing 331 
Acres lately found to Escheat from W m Thomas & Since granted 
to the Pet r One other Tract containing 400 Acres conveyed to the 
pet r by John Catlett to whom it was granted by Patent and the 
third containing two hundred & twenty Acres adjoyning to the 
two former & bounded as in the s d petition is describ'd. 

Thomas Bassett by his Petition praying a Grant of eight hun- 
dred Acres of Land on Deep Creek in Goochland County Survey'd 
above two years ago for David Lyles & no patent sued out for 
the Same It is Ordered that the Pet r & the s d Lyles be heard there- 
on before this board & that they attend accordingly at the next 
Court of Oyer & Terminer 

Abraham Abney praying a Grant of 400 Acres of Land long 
Since Surveyed for Hugh Hogon lying in Hanover County & 
joyning to the Land of Tho 8 Prustwood & Paul Harrolson who 
hath failed to Sue out a Patent for the same in due time It is 
Ordered that the Parties be heard before this Board at the next 
Court of Oyer & Terminer & that they have notice to attend 
accordingly 

The Petition & Caveat of Abraham Abney ag' John Wooley 
for stopping the granting a Patent to the s d Wooley upon a Sur- 
vey made four Years ago of 400 Acres of Land in Hanover County 



252 Executive Journals, Councils of Colonial Virginia 

lying on Beverdam Creek & no patent being Sued out in time is 
referr'd till next Court of Oyer & Terminer at which time both 
parties are Ordered to attend. 

At a Council held at the Capitol the 21" of 
October MDCCXXXI 

Present 

The Governour 

James Blair John Grymes 

W m Byrd W m Dandridge 

Cole Digges John Custis 

John Robinson W m Randolph & 

John Carter Henry Harrison Esq" 

The Governour this Day communicated to the Board a Lre 
from M r Alderman Perry dated the 8 th of May last signifying that 
upon a Petition of the Merchants and Inhabitants of Barbado's a 
Bill had been prepared & passed the House of Comons prohibiting 
all Trade between his Majesty's Plantations on the Continent & 
the foreign Sugar Islands in the West Indies & likewise a Lre 
from M r Leheup advising that a Petition was prepared & intended 
to be presented to the House of Comons next Session of Parliam 1 
for prohibiting by Act of Parliament the passing any Laws in 
the Plantations which may affect the Trade & Navigation of great 
Britain for Subjecting Lands here to the paym' of Debts & for al- 
lowing Appeals from the Judgment of the General Court here for 
any matter or Sum of the Value of one hundred pounds, Which 
s d several Letters together with the papers therein Mentioned were 
read and the Governour also laid before the Board a Copy of his 
Lre & Observations Sent to the R l hon ,e L d8 Com" for Trade & 
Plantations in relation to both the afs d Subjects whereupon the 
Council after returning his Hon r thanks for his Care & Vigilance 
in Opposing those measures projected by the Bristol & West 
India Merchants to the great prejudice of his Majesties Subjects 
of this Colony as well as of the other Plantations on the Con- 
tinent Resolv'd that an humble representation from this Board be 
prepared & transmitted to the Right hon le the Lords Com" for 
Trade & plantations Setting forth as well the Injustice of what 
is pray'd by the Barbadoes Merchants & Inhabitants as the hard- 
ships attending this Colony in Case such an Act of Parliament 
should pass as by the Bristol Merchants is petitioned for 

Ordered 

That the General Assembly be prorogued to Thursday the 18 tfc 
day of May next. 

New Comissions of the Peace for the Counties of Henrico and 
Charles City were this Day ordered to be Issued with the addition 



Executive Journals, Councils of Colonial Virginia 253 

of the Several persons recomended by the Courts of the said respec- 
tive Counties 

On the petition of Rob' M°Kay Joost Heyd of the Province 
of Pensilvania setting forth that they & divers others Families to 
the number of one hundred are desirous to remove from thence & 
seat themselves on the back of the great Mountains within this 
Colony & praying that one hundred thousand Acres of Land lying 
between the Lines of the Land granted to John Vameter Jacob 
Stover John Fishback & others may be assigned them and that the 
Residue of the s d one hundred thousand Acres may be assign'd upon 
& including the Several Branches of Sherundo River above the 
Lands of the said Stover & Fischback and his Partners The Gov- 
ernour with the advice of the Council is pleas'd to order as it is 
hereby Ordered that the pet" in behalf of themselves & their Part- 
ners have leave to take up the s d quantity of 100,000 Acres of Land 
within the Limits above described & that upon the above Number 
of Families coming to dwell there within two Years Patents shall 
be granted them in such manner as they shall agree to divide the 
same 

John Cosby & Charles Barrett having petitioned for four hun- 
dred Acres of Land in the County of Hanover on the South side of 
the S° fork of Little River & four hundred Acres more on both sides 
the s d Fork survey'd for Thomas Carr of the County of Caroline 
Gent & now producing an Instrument of Writing under the hand 
& Seal of the s d Carr relinquishing his pretensions to the s d Land 
It is ordered that the Same be granted to the Pet" 

Nov r the 2 d 1731 

Present 
The Governour 

Rob* Carter John Grymes 

James Blair W m Dandridge 

W m Byrd John Custis & 

John Robinson W m Randolph Esq" 

A Representation from the Council to the R* Hon le the Board 
of Trade being prepared pursuant to the resolution of this Board 
the 21" of last Month was now read & approv'd & Ordered to be 
fairly transcrib'd & Signed by all the Council 

Whereas by his Majesties Instructions to the Governours of 
this Dominion a Mapp of this Colony hath been requir'd to be 
prepared & transmitted to his Majesty for the better complying 
with his Majesty's Commands It is resolved that John Robinson 
Esq 1- be & he is hereby appointed to have the Dierection and Care 
of preparing a General Map of this Colony from the Sea to the 
utmost extent thereof now inhabited & that as Soon as conveniently 



254 Executive Journals, Councils of Colonial Virginia 

may be he lay before this Board a Scheme for the better accom- 
plishing this Work together with a Computation of the Expence 
thereof. 

The Governour informing the Board that the Battery erected 
at York being built upon the Beach & thereby Subject to inunda- 
tions by which means it is greatly decayed & proposing to remove 
the s d Battery to a more Convenient Scituation upon the Bank of 
the River the Same is approv'd & recommended to the Governour 
to give the necessary directions therein 

The Ace 1 of Contingent Charges & for Repairs about the Gov- 
ernours House were examin'd in Council & allowed. 

John Gay of London Merchant by his Petition setting forth 
that a Ship Chartered by him called the Thomas & Elizabeth of 
Whitby laden with two hundred & fifteen hogsheads of Tob° for 
the Duties of which W m Clark the Master drew Bills of Exchange 
upon the Pet r & Sail'd out of York River about the latter end of 
last July 

That the s d Ship before her departure out of the Capes was 
Cast away on a Place called the Middle Ground & the s d Lading 
of Tob° entirely lost & praying that he may be discharg'd from 
the payment of the Duties on the s d Tob° or that he may be al- 
lowed to ship of a like quantity of Tob° duty free Upon Considera- 
tion of the s d Petition & of the Act of Assembly for raising a 
publick Revenue It is the Opinion of this Board that the s* Act 
having made no provision for refunding the s d Duty of 2s per hh d 
in case of an accidental loss after clearing and that the s d Duty is 
payable to the Master of the Ship by the Freighter & whereby 
neither he nor the Owner can incur any prejudice — Wherefore the 
said Petition is rejected. 

On reading at this Board the Petition of William & Margaret 
Stamps Infants by Marg' Stamps their Mother & next Friend set- 
ting forth that Timothy Stamps the Father of the Pet" having in 
his life time Surveyed a Tract of four hundred Acres of Land in 
Spotsilvania County in the Main Fork of Rappahanock joyning 
upon the Lands of John Ashly & Christ: Simmerman & having 
returned the Survey thereof into the Secretary's Office in order to 
obtain a patent & Supposing the same to have been passed in his 
life time did by his last Will & Testament bearing date the 25 th of 
febr 1726/7 devise the s d four hundred Acres of Land to be 
equally divided between his two Children W m & Marg' Stamps 
the now Pet" in Gen' Tail whereas in Truth the said Patent did 
not pass the Seal till some time after the Death of the s d Timothy 
& therefore praying that a new Patent may be granted them for 
the s d Land in such manner as this Board shall think fit It is 
accordingly Ordered that upon Surrender of the Patent granted 
to the s d Timothy a New Patent be granted in the Name of the 
Pet" for the s d 400 Acres of Land pursuant to the prayer of 
their Petition : 



Executive Journals, Councils of Colonial Virginia 255 

Nov r the 4 th 1731 

Present 

The Governour 

Rob' Carter John Carter 

James Blair John Grymes 

W m Byrd Will Dandridge 

Cole Diggs John Custis & 

John Robinson W m Randolph Esq" 

The following Warrants on the Receiver General to be paid 
out of his Majesty's Revenue of 2s per hh d port Duties & Head 
Money were this day Sign'd by the Gov 1- in Council (viz) 

To the Governour ]/ 2 Salary ending the 25 th 

of Oct r last £1000,—, — 

To the Gent of the Council for the Same time. 175,, — „ — 
To the Judges & Officers of the Court of Oyer 

& Terminer 100,, — „ — 

To the Auditor Gen 1 of the Plantations ^ 

years Salary ending as above 50„ — „ — 

To the Sollicitor of the Virg" Affairs the like 

Salary 50„ — „ — 

To the Atty Genl for the like Salary 20„ — „— 

To the Clk of the Council for the same 50„ — ,, — 

To Sundry Ministers attending one Gen 1 Court. 6„ — „ — 

To the Armourer 6„ — ,, — 

To the Gunners of the Sev 1 Battery's 20„ — ,, — ■ 

To W m Prentis for Sundry Expresses & other 

Contingent Charges 115,, 7,, 2J4 

To the Same for Sundry Disbursements ab l the 

Gov" house 53„11„ 7>4 

To the Adjutant Gen 1 }4 years Salary 75„ — „ — 

And out of the quit Rents 

To M r Com rT Blair one half years Salary 50„ — „ — 

To the Atty Gen 1 ^ years Additional Salary . . 30„ — „ — 

The acco" of his Maj tles Revenue of 2s per hh d port Duties & 
Head Money ending the 25 th of O br last was Presented by the 
Rec r Gen 1 who made Oath thereto & being examin'd by the Depty 
Auditor were Certified by the Governour as Usual 

Whereas John Robinson Esq r is appointed to have the Care 
& Direction of Surveying & preparing a Gen 1 Mapp of this Colony 
It is Ordered that for his Trouble therein he be allowed the Salary 
of one hundred & fifty pounds Sterl. per Annum to commence from 
the 25 th of O br last & that the same be paid out of his Majesty's 
Revenue of 2s per hh d . 



256 Executive Journals, Councils of Colonial Virginia 

On hearing this day in Council the Matters in dispute between 
the Naval Officers of the upper & lower Districts of James 
River touching the right to receive the Port Duties of Ships 
& Vessells entring in one District & loading in the other It is 
ordered by the Gov r in Council That for the future when any 
Ship or Vessell shall arrive in any District of this Dominion with 
intent to unlade there any part of the Merchandize on board & 
thereafter to go into another District to lade Tob° or other Comodi- 
ties chargeable with a duty, the Naval Officer of the District 
where such Ship or Vessell shall enter shall not demand the Port 
Duties or Governours Dues but the same shall be rec d together 
with the other Duties by the Officer where the s d Ship or Vessel 
shall take in her Lading who is in Order to measure her Provided 
always that if any Ship or Vessell shall unload in one District 
& there take in any part of her outward bound loading the Naval 
Officer of that District is hereby directed to receive the Port 
Duties & the 2s per hh d for so much Tob° as shall be laden in 
that District and if such Ship shall proceed to any Other District 
to compleat her Loading the Naval Off' of that District shall be 
entitl'd to receive the Duties of so much as shall be taken in there 
& no more but the s d Naval Officers are hereby directed & re- 
quired to take care that all Ships & Vessells entring & unlading 
any goods in their Districts & bound for any other Plantation or 
Colony do pay their Tonnage & other Dues before their Departure 
Ordered that a new Commission of the Peace issue for the County 
of Prince Will 1 " & that Charles Broadwater Will m Godfrey Benj 
Grayson & R d Osborne be added to the present Justices in the s 4 
Commission. 

Whereas it has been represented to this Board that the Jus- 
tices of Spotsilvania County have neglected to apoint Commis- 
sioners to lay out & Ascertain the dividing line between that 
County & Hanover notwithstanding the frequent application made 
by the Justices of the s d County of Hanover for that purpose It 
is ordered that the Justices of the s d County of Spotsilvania do 
with all convenient Speed appoint Commissioners on their part 
to meet those of the County of Hanover & at such time & place 
as shall be agreed on by both Courts & proceed to lay out the 
s d dividing Line as near as may be agreeable to the Act of As- 
sembly for establishing the s d County of Spotsilvania 

Sundry Petitions for Land were read & granted as follows To 
Abraham Venable for 1500 Acres of Land lying on both Sides the 
River Southanna below the round about Tract including four hun- 
dred Acres already patented by the Petitioner in Hanover County. 

To Joel Terrill & David Lewis for 3,000 Acres in Goochland 

County beginning on a Creek known by the name of Moors 

Creek on the South side of James River or the first Creek that 

runs into the s d River above the first Mountains including both 

sides the said Creek to the foot of a Piney Mountain. 



Executive Journals, Councils of Colonial Virginia 257 

To Sam 11 Nichols for 2,000 Acres in Goochland County be- 
ginning at the mouth of Maple Swamp on the S° side James river 
running up Stephen Hughs Line & up Muddy Creek to Walton's 
& up that line & the head line of Stephen Hughs & John Merryman 
to include that Quantity in two Surveys 

To Nathan Hoggard for 1500 Acres beginning on Chamber- 
layn's Bed & joyning on the Lands of Jones & Lewis there up- 
wards for that Complem' in Prince George County 

To Miles Cary for 2,400 Acres lying on Cary Creek & the 
River Rivanna & adjoyning to 1600 Acres already patented by the 
Pet r in Goochland County & to have an inclusive patent for both 

On the Petition of Charles Hudson for 800 Acres of Land in 
Hanover County on both sides of Bever Creek survey'd in Oct r 
1730 for John Dashpar (in two distinct tracts) who hath neglected 
to sue out a patent for the same It is ordered that s d Dashpar have 
notice to attend this Board at the Court of Oyer & Terminer to 
be held in June to answer the s d petition. 

This day the representation from the Council to the board of 
Trade being sign'd by the whole Board together with a Lre to 
Horatio Walpole Esq r & another to Alderman Perry were presented 
to the Gov r with their humble request that he would be pleas'd 
to transmit the same by the first opportunity. 

At a Council held at the Capitol Dec r 15 th 1731 

Present 

The Governour 

W m Byrd John Grymes 

John Robinson W m Dandridge 

John Carter John Custis & 

W m Randolph Esq" 

The Governour communicated to the Board Lre from the 
Right hon Ie the L ds Commission" for Trade & Plantations dated 
the 27 th of May 1731 inclosing a report of their Lordships to his 
Majesty on the Act for amending the Staple of Tob° & preventing 
frauds in his Majesty's Customs with an Order of his Majesty in 
Council approving of their Lordships Report for suffering the s* 
Act to ly probationary and their Lordships think fit therefore to 
recommend an Impartial Extion of the s d Act so as it may answer 
the Ends propos'd thereby. 

An Order of his Majesty in his privy Council dated the 12 th 
of Aug' 1731 declaring his Majesty's Disapprobation of the Act 
passed last Session of Assembly for continuing the Act for laying 
a Duty on Liquors with sundry alterations was read at the Board 
& thereupon resolv'd that a proclamation issue declaring the s 4 
Act to be repeal'd. 



258 Executive Journals, Councils of Colonial Virginia 

Sundry Petitions for Land were read & granted as follows 

To W m Rowlet for 2500 Acres (four hundred acres thereof 
being already Survey'd) on the Beaver Pond branch joyning on 
the Pet" own lines & those of John Tally Geo. Stegall Ralph Jack- 
son & Tho 8 Neal in Prince George County 

To Francis Willis for 5,000 Acres beginning at Ripping Hick- 
man & Goughs Corner in the line that divides the Counties of 
Hanover & Spotsilvania so down the s" line on each side For that 
Compliment. 

To Charles Chiswell for 5,000 Acres on the branches of the 
Robinson & adjoining to the Land taken up by the Germans in 
Spotsilvania County 

To Charles Chiswell for 10,000 beginning at the upper line of 
Rob' Beverly's land called the Octuna to a South branch or fork 
of Rappidan River & to go Southwards to the Branches of the 
N° Fork of James River in the Counties of Spotsilvania & Hanover. 

To Edw d Booker for 3,000 Acres in Prince George County 

To Edw d Booker for 1,000 Acres beginning on Sailors Creek 
or in Sandy river in Prince George County & extending thence 
Such Courses as will include that quantity. 

To Peter Wynn For 1,000 Acres on the N° Side of Butterwood 
called the old Fields including a Survey of the Pet" of 150 Acres 
beginning at the upper Corner of the s d Survey thence along M r 
Woodliffs Entry to the road from thence down to W m Bowmans 
Land & from thence to Fra s Colemans line for the Complement 

On the petition of Roger Quarles setting forth that 400 Acres 
of Land in Caroline County were long since surveyed for Buckner 
& Bullard & by them lapsed about four years ago & granted to 
John Martin who hath neglected to sue out a Patent for the same 
& praying a Grant thereof It is Ordered that the s d Martin do at- 
tend this Board at the next Court of Oyer & Term r to shew 
cause why the s d Land should not be granted to the Pet". 

On the petition of Thomas Ballard Smith for a grant of 400 
Acres of Land lying in Hanover County on the branches of Tailors 
Creek Survey'd long since for R d & W ,n Wetherford who have not 
return'd the Survey thereof nor sued out a Patent for the Same It 
is ordered that the s d R d & W ni have notice to attend this Board 
at the next Court of Oyer & Terminer to shew Cause why the s d 
Land should not be granted to the pet r . 

The Gov r Communicated to the Council a Scheme projected in 
Great Britain for putting the Tob° under an Excise instead of the 
present method of paying the Duties thereof & desir'd their 
Opinion thereon, Whereupon the Board are of Opinion that the 
Scheme proposd would be greatly for the Interest of his Majesty 
in securing his Customs prevent the running of Tob° prove very 
beneficial to the Inhabitants of this Country But forasmuch as 
this Matter is of very great Moment & divers of the Members of 
this Board being absent the Council are of Opinion that if the 



Executive Journals, Councils of Colonial Virginia 259 

Weather will permit a full Council be called to meet hereon the 23 d 
instant or Otherwise that the Gov r will be pleas'd to send Copies 
of the Scheme afs d to the several absent Members & receive their 
Sentiments thereon & accordingly transmit his answer to the person 
from whom he rec' d the said project 

At a Council held at the Capitol the 6 th 
day of March 1731 

Present 

The Gov r 

James Blair Cole Digges & 

John Custis Esq" 

Whereas the Counties of Stafford & King George were by an 
Act made last Session of Assembly divided & a new County 
erected called by the Name of Prince William County which S d 
County is now entitul'd to the priviledge of chusing two Burgesses 
to represent them in the Gen 1 Assembly 

Ordered That a Writ issue for electing two Burgesses for 
the said County to serve in the next Session of Assembly w ch is 
to meet the 18 th of May & a Writ was prepared & Sign'd by the 
Gov r accordingly 

At a Council held at the Capitol the 17 th 
day of March 1731 

Present 

The Governour 

M r Com T Blair John Carter 

W m Byrd John Custis & 

Cole Digges Will. Randolph Esq" 

The Governour Comunicated to the Board the advices he late- 
ly receiv'd that the Publick Warehouses at Deep Creek in the 
County of Lancaster were last Week in the night Time set on fire 
& burnt down by Some malicious & evil dispos'd persons as yet 
unknown & desiring the Opinion of the Board in what manner 
the Authors of so great a Villany may be detected & brought to 
punishment & the like Attempts prevented for the Future It is 
the opinion of this Board & accordingly Ordered that a Proclama- 
tion issue offering a Reward of one hundred pounds Curr' money 
to any one that shall discover the person or persons concern'd in 
burning the S d Warehouses & that if any of the Actors in that 
Felony shall make such Discovery of their Accomplices Such Dis- 
cover [er] shall have his Majesty's most gracious pardon and be also 
entitl'd to the said Reward of one hundred pounds so as the persons 



260 Executive Journals, Councils of Colonial Virginia 

accused be thereof Convicted And to the end the Ignorant may 
be inform'd of the Penalties inflicted by Law for such Offences 
It is ordered that Notice be given in the s d Proclamation that by an 
Act made last Session of Assembly, the malicious burning of Tob° 
Houses or other Houses is deced [decreed] to be Felony & the Of- 
fenders ousted of all benefit of Clergy & that the Justices of the 
Peace in the sevl. Counties do Cause to be Secur'd & bound to the 
good behavior all such as they shall Find going about to stir up 
the People to any Acts of Violence in Opposition to the Estab- 
lished Laws, And it is further Ordered that the Inspectors do ap- 
point some trusty person to keep watch at the respective Ware- 
houses at Such times as they do not attend themselves. 

Ordered that a new Writ Issue for electing a Burgess for the 
County of Surry in the Room of Henry Harrison Esq 1 " now ap- 
pointed by his Majesty to be one of his Council of this Colony 

The Governour was pleas'd to acquaint the Board that Since 
their last meeting he had been obliged to appoint two new In- 
spectors in the Room of two lately dead (viz.) John Snead in the 
Room of R d Drumond one of the Inspectors in Accomk County & 
Pelham Moore in the room of John Baily one of the Inspectors in 
New Kent & King William Which Appointm' was approv'd 

On reading a Representation from the Sheriff of the County 
of King William setting forth that by reason of the Severity of 
the Winter & other Accidents the Inhabitants of the s d County 
had not obtain'd their Tob° to be inspected nor procur'd Inspectors 
Notes for the paym' of his Maj t,es quit rents & other dues arising 
in the s d County whereby he is disabl'd to make up his Acco* 9 & 
praying that further time may be given him for collecting the pub- 
lick dues of his County before he be discharged of his office. It 
appearing to the Board that divers other Sheriffs labour under the 
same Inconvenience It is therefore resolv'd that none of the s d 
Sheriffs unless they desire it be discharg'd from their offices till the 
Courts held for the respective Counties in the month of July to the 
end they may be the better enabl'd to perfect their collection of 
the publick Dues. 

Whereas there was this day laid before the Board the Opinion 
of his Majesty's Atty Gen 1 upon a case stated touching the pay- 
ment of six pence per M° to Greenwich Hospital by persons employ'd 
in Sloops & other Vessells transporting Tob° cross the Bay or 
into the province of Maryland to be there laden for Great Britain 
& it appearing in the State of the s d Case there are divers Misrepre- 
sentations of Matters of Fact the Governour is therefore requested 
to cause a true State of the Case to be drawn up & transmitted 
to the Com" for Greenwich Hospital, for satisfying them that 
divers of the persons mentioned in the s d Opinion of his Majestys 
Atty Gen 1 cannot be chargeable with the payment of the s d six 
pence per M° within the intent of the Act of Parliam' for the more 
effectual collecting in Great Britain & Ireland & other parts of his 



Executive Journals, Councils of Colonial Virginia 261 

Dominions the Duty granted for the Support of the Royal Hos- 
pital at Greenwich & particularly to represent the Case of the 
People upon the Eastern Shore who are Oblig'd to transport their 
Tob° over the Bay in order to it's being shipt for great Britain & 
many of them to cross the Bay twice a year to attend their neces- 
sary Affairs at the Gen 1 Courts & have no other means to defray 
their necessary Expences on these Occasions than by the Sale of 
their grain & provisions which they frequently bring with them 
for that purpose & that therefore it would be a hard Construction 
of the s d Act of Parliam* to oblige them or such as they may have 
Occasion to hire to assist them in their Shallops or other Vessells 
to pay the like duty as Sailors employ'd in Voyages of a different 
Nature. 

Whereas Capt Joseph Younger of the Ship Nelson in his Voy- 
age hither from London met with a dutch Ship called the Frow 
Anna of Amsterdam at sea about 70 Leagues Westward of the 
Western Islands and the s d Ship being then in great distress & 
ready to sink the s d Cap* Younger took on board his Ship the 
Master & 21 Men being the whole Crew of the s d Dutch Ship & 
hath brought them in hither together with Some European & West 
India Goods saved out of the s d Wreck And whereas Application 
hath been made by Capt Peter Statama M r of the s d Wreck'd Ship 
for leave to land & dispose of the s d Goods for the Subsistance of 
himself & his Crew until they can meet with a passage to Great 
Britain It is the Opinion of this Board & accordingly Ordered 
that Leave be given to the s d Joseph Younger to unlade & put 
on shore the s d Wreck'd Goods & that Capt. Statama have Liberty 
to sell the Same for the necessary Subsistance of himself & his 
Crew. 

Sundry Petitions for Leave to take up Lands under his Maj- 
esty's Grant were read & allowed (viz:) 

To John Woodson & Joseph Dabbs three thousand Acres of 
Land in Goochland County lying on the back of Rock Castle & 
Flemings park Creek between Licking Hole & the Byrd & joyn- 
ing on the Lands of Carleton Fleming Bowler Cocke Stephen 
Hughs Tho 8 Massie Leonard & Tho 8 Betlow W m Cabbell John 
Woodson Isham Randolph John Boiling Henry Webb & Tho' 
Carter Jun r . 

To Tho s Williams 1500 Acres of Land lying on Arthurs 
Swamp, in Prince George County adjoyning to the lands of Per- 
kins Thomson & Sam 11 Chamberlayne. 

To John Fitzgerald 5000 Acres of Land in Prince George 
County beginning on his Land already Surveyed on the S° side 
of Namasun Creek & including the Surveys made by W m Rice & 
John Hamlin assigned to the pet r & so extending to Rob* Boilings 
upper line on the s d Creek & to sue out an inclusive Patent for 
the Same & his other Lands on both sides the afs d Creek. 



262 Executive Journals, Councils of Colonial Virginia 

To John Fitzgerald 3,000 Acres of Land beginning at a blaz'd 
white Oak on the N° side of the middle Creek near a Pond of 
Water running towards the main deep Creek thence to Hoods line 
& so to the beginning for the Complement in Prince George 
County. 

To Francis Boiling 2,000 Acres of Land including two hun- 
dred Acres survey'd in the Year 1728 for James Cole & by him 
deserted adjoyning to the Pet" Land already patented with an 
inclusive Patent for the whole 

To John Syme & William Robertson for 6,000 Acres of Land 
lying on round about Creek in Hanover County including four 
thousand Acres formerly granted the pet" by order of Council & 
four hundred Acres survey'd for Mary English Widow & as- 
sign'd to them 

To Adam Rutherford for 2,000 Acres of Land on falling Creek 
including his former patented land in Hanover County. 

To George Robertson Clk for 6,000 Acres of Land lying 
on Flatt Creek in Prince George County & including several Sur- 
veys already made for the pet r in that place 

To Will m Crawly for 1500 Acres of Land including an Entry 
made by one Tobins & assign'd to the Pet r in P George County 

To Joseph Pritchett for 1000 Acres of Land including the 
pet" old Land on Butterwood Swamp in Prince George County 

To Will" 1 Westbrook for 500 Acres of land lying up on the 
Seller Fork of Deep Creek in Prince George County 

To Tho° Jones for 4000 Acres of Land lying on the west 
Creek of Deep Creek & the forks thereof & to include his old land 
thereto adjoining in Prince George County. 

To John Michie leave to joyn in one Patent two Surveys 
containing 400 Acres each lying on Harris's Creek in Hanover 
County. 

On the petition of Geo Woodrooff setting forth that 400 Acres 
of Land in Caroline County were about three years ago granted 
by an Order of the Gen 1 Court as lapsed to Jn° Martin who hath 
not sued out a Patent for the same & praying for a grant thereof 
It is ordered that the s d Martin do attend this Board the next 
Court of Oyer & Terminer to Shew Cause why the s d Land may 
not be granted to the Petitioner. 

On the petition of Matthew Jouett for a grant of 300 Acres 
of Land adjoyning to Jeremiah Glen Thomas Rice & John Blalock 
in the Fork of Cubb Creek in Hanover County long Since Survey'd 
for Benj Henson who hath neglected to sue out a patent for the 
Same It is ordered that the s d Henson have notice to attend this 
Board at the next Court of Oyer & Terminer to answer the said 
petition. 

On the petition of Matthew Jouett for a grant of 1000 Acres 
of Land joining on the Lands of Marmaduke Kimbrow John Horn 
Tho* Rice John White & William Harrison both sides the upper 



Executive Journals, Councils of Colonial Virginia 263 

fork of Cubb Creek in Hanover County surveyed six Months ago 
for John Blalock who hath not taken out a patent for the same 
It is ordered that the s d Blalock have notice to attend this Board at 
the next Court of Oyer & Terminer to answer the s d petition 

On the petition of George Freeman setting forth that about 
Six Years ago there was Survey'd for W m Spragg 400 Acres of 
Land lying in Henrico County on Deep run & on the Lines of 
John Waters Abraham Childers Tho 3 Cotterell & Tho 8 Randolph 
deced for which the s d Spragg has never sued out any Patent It 
is ordered that unless he (having due notice hereof) do appear 
at the next Court of Oyer & Terminer & make out his pretensions 
to the s d Land the same be granted to the pet r . 

On the petition of Joseph Dabbs & John Woodson for a 
grant of two hundred Acres of Land lying in the fork of Fleming's 
Park Creek in Goochland County survey'd about a Year ago for 
R' Napier Jun r & no Patent su'd out for the same It is ordered 
that unless the s d R l Napier (having due notice hereof) do ap- 
pear at the next Court of Oyer & Terminer & make out his pre- 
tensions to the s d Land the same be granted to the Pet'. 

On the petition of Joseph Dabbs & John Woodson for a grant 
of 384 Acres of Land lying ag l the head of Amos's branch of the 
deep Creek of Licking Hole in Goochland County Surveyed for 
Leonard & Thomas (having due Notice hereof) do attend this 
Board at the next Court of Oyer & Terminer, held in June & make 
out their pretensions to the s d Land the same be granted to the 
Pet". 

At a Council held at the Capitol the 
26th day of March 1732 

Present 

The Governour 

M r Com' 7 Blair John Carter & 

John Grymes Esq" 

Whereas the Governour was this day pleas'd to comunicate to 
the Members of his Majesty's Council now present a Lre sent 
him by Express from Coll Tho 8 Harrison of the County of Prince 
William advising that a Number of the meaner sort of People of 
that County consisting of fifty Men were got together in Arms de- 
signing as they gave out to destroy the Publick Warehouses in that 
& the adjacent Counties expecting to be joyn'd by other Male- 
contents from the neighbouring Counties in the Northern Neck It is 
the Opinion of this Board that for the more effectual Suppressing 
the s d Insurrection it is necessary that Orders be forthwith Issued 
to the Comanding Officers of the Militia in the Northern neck to 
call together the several Troops & Companies under their re- 



264 Executive Journals, Councils of Colonial Virginia 

spective Comands and cause to be read to them the Act of Assem- 
bly for establishing the Militia & to acquaint them that this is 
such an Insurrection as they are bound by that Act to suppress 
under the Penalties therein mentioned & in Case the Mutineers 
in Prince William County should presume to Continue in Arms 
that they then march ag l & endeavour to suppress them and that 
the like Orders be issu'd to the Comanding Officers of the Militia 
on this Side Rappahanock river to take all necessary Measures 
for preserving the peace of their Counties & for obstructing the 
Passage of any number of Men from the Northern Neck who shall 
attempt to cross that River And in like manner to seize & secure 
all such as they shall find going about to stir up the People to 
mutiny or disobedience to the Laws sending from time to time 
to the Gov r accounts of their Proceedings to the end they may 
receive his further directions therein 

At a Council held at the Capitol the 18 th day of April 1732 

Present 

The Governour 

M' Com ry Blair John Grymes 

Will Byrd W m Dandridge 

Cole Digges John Custis 

John Robinson W m Randolph & 

Hen Harrison Esq" 

M r Auditor Blair representing to the Board that divers of the 
Sheriffs who according to Order had been with him to acco* for 
his Majesty's Quit Rents have inform'd him that partly through 
the badness of the Weather & partly through the dilatoriness of 
the People to bring their Tob° to be inspected at the public Ware- 
houses they the s d Sheriffs have hitherto receiv'd very little of his 
Majesties Quit Rents or other publick Dues & praying the Direc- 
tions of this Board therein It is thereupon Ordered that the Sheriffs 
of the respective Counties be & they are hereby directed (without 
proceeding to distrain to accept & receive his Majesty's quit Rents 
from all such persons as shall tender payment thereof in money or 
Inspectors Notes at any time before the first day of June next 
& that the s d Sheriffs do attend the Auditor sometime before the 
tenth day of the s" Month to make up their Acco". 

John Carter Esq' Present 

On the Application of the Officers of his Majesty's Revenue 
It is Ordered that a Number of Rights not exceeding the value 
of five hundred pounds be isued by them for the use of such as have 
Occasion to purchase the same for obtaining Grants of his Maj- 
esty's Lands. 



Executive Journals, Councils of Colonial Virginia 265 

The Governour was pleas'd to Comunicate to the Council an 
Additional Instruction from his Majesty bearing date the 10 th day 
of December MDCCXXXI whereby his Majesty doth prohibit the 
laying any Duty to be paid by the Importer on any Negro's brought 
into this Country for Sale nor any Duty whatsoever on Felons im- 
ported from Great Britain Which s d Instruction was read & or- 
dered to be registr'd in the Council Books. 

On reading at this Board a Lre from Rip Van Dam Esq r 
President of his Majesty's Province of New York desiring the 
Concurrence of this Governm 4 in representing to his Majesty the 
Encroachments made by the french from Canada in building a 
Port at Crown Point on Corlaer's Lake within the Limits of the 
s d Province & within three days journey of Albany The Council 
did thereupon request the Governour to write to M r Leheup to 
be assisting to the Agent of New York in any Application which 
shall be thought proper to be made to his Majesty for removing 
the French from their said Settlem' at Crown Point & preventing 
for the future any Encroachm" on his Majesty's Dominions on 
this Continent 

On reading at this Board sundry Depositions taken upon 
an Information of Piracy ag* John Brown Master of the Brigan- 
tine Three Brothers & John Sears Master of the Sloop Catharine 
& Capt R d Joel accused of plundering a Ship belonging to 
Bristol at the Island of Henjago in the West Indies & it being 
Suggested that one Thomas Hamlin now Mate of a Ship in 
James River & John Ruffin of the County of Surry can give 
Some Account of the plundering the afs d Ship It is the Opinion 
of this Board that a further Enquiry be made into the matters 
above complain'd of & that the s d Hamlin be forthwith sent for 
& examin'd touching the Premises 

April the 22 d 1732 

Present 

The Governour 

M r Com ry Blair John Grymes 

W m Byrd W m Dandridge 

Cole Digges John Custis 

John Robinson W m Randolph & 

John Carter Hen Harrison Esq" 

Capt. John Hutchins & Capt. Nath" Tatam Owners of the 
Brigantine three brothers whose Master & Crew together with 
John Sears Master of the Sloop Catharine were accused of pi- 
ratically plundering a Bristol Ship in the West Indies this day 
exhibited before this Board attested Copies from Jamaica whereby 
it appears that upon a Counterfeit Lre written in the name of 



266 Executive Journals, Councils of Colonial Virginia 

one Jonathan Turner a foremast Belonging to the said Brigan- 
tine & directed to Rear Admiral Stewart Capt R d Joel now 
Master of the said Brigantine had been taken up by the s d 
Admiral at Jamaica & a full enquiry made into the pretended 
piracy charged on him & others the Crew of the s d Brigantine 
and Sloop Catharine & that it appear'd the Ship said to be plun- 
dered was called the Windham of Bristol 

Master who by accident run upon the rocks at Heniago & 
was wreck'd & deserted by the Master & Crew Several days be- 
fore the s d Brigantine & Sloop Saild out of Jamaica & that a 
true Acco' had been given to the Agent at Jamaica for the 
Owners of the s d Ship of all the Goods taken out thereof by the 
said Brigantine & Sloop & after deducting the Salvage agreed 
upon to be due, full satisfaction given to the said agent for all 
the said Goods and also produced an Affidavit of the s d Jona- 
than Turner wherein he positively denies that ever he wrote 
any Such letter as is above mentioned to Rear Admiral Stewart 
or was privy to the writing thereof But forasmuch as this Board 
are desirous to examine all the parties mentioned in the said 
papers now produced It is ordered that Capt R d Joel Capt John 
Sanders M r Solomon Willson & M r Joseph Hodges of Norfolk 
County do attend this Board on Tuesday the 2 d day of May in 
Order to a further Examination of the matters above mentioned. 

Edmund Scarburgh Gent Naval Officer of the District of 
Accomk having resign'd that Office the Governour was this day 
pleasd to nominate & appoint Henry Scarburgh Jun r Gent Naval 
Officer of the s d District 

Whereas in pursuance of the Act of Assembly for erecting 
the County of Brunswick a Court house for the said County is 
now built & by the increase of Inhabitants the said County 
judged in a Capacity to have Magistrates of its own It is ordered 
that a Comission of the Peace be prepared for the s d County 
& that Henry Fox Henry Embry John Wall John Irby George 
Walton R d Burch Nathaniel Edwards W m Wynn Charles King 
& William Mecklin Gent be appointed Justices for the said County 
and the said R d Burch is appointed Sheriff for the S d County 
for the ensuing Year 

Ordered that a Writ issue for erecting [electing] two Bur- 
gesses for the Said County of Brunswick to serve in the next Ses- 
sion of Assembly appointed to meet the 18 th of next Month 

Ordered 

That a new Comission of the peace Issue for the County 
of Accomk & that the following persons be added to the Said 
Commission (viz') 

Henry Scarburgh Jun r John Wise Edmund Baily Littleton 
Scarburgh Major Thomas Teackle Abel Upshur W m Bell Han- 
cock Nichols & Griffith Savage. 



Executive Journals, Councils of Colonial Virginia 267 

Ordered that a new Commission of the peace issue for King 
W m County with the addition of the following persons viz' Tho* 
West Edmund Littlepage Joseph Temple Humphry Brooke Mat- 
thew Mawry & R d Gregory. 

April 29 th 1732 

Present 

The Governour 

Robert Carter John Carter 

James Blair John Grymes 

W m Byrd W m Dandridge 

Cole Digges John Custis 

John Robinson W m Randolph & 

Henry Harrison Esq" 

Sundry Lre" from M r Leheup & Capt Isham Randolph relat- 
ing to their Negotiations in the Affairs of this Governm' were 
read. 

The Governour also comunicated to the Council a Lre from 
the hon le Commissioners of his Majesties Customs received by 
George Phenny Esq 1 " Surveyor General of his Majestys Customs 
in the Southern District of America which Letter is dated the 
26 th of January last intimating that a CompP had been made to 
them that M r Carter Naval Officer of Rappahanock was removed 
to potomack fifty miles distant from the port where the Collector 
resides to the great hindrance & delay of Masters of Ships in 
their clearing This Board do declare that the Information given 
to the Comm" of his Majesty's Customs in this Case is ground- 
less Since upon M r Carter's removal to Potomack another Naval 
Officer was appointed in his Room for the District of Rappa- 
hanock whose Office is kept in the same Port with that of the 
Collector. 

Sundry Acco" for Reparations about the Governours House 
& also the acco' of Contingent Charges for Expresses & other 
publick Services during the last half year were Severally examin'd 
in Council & allowed. 

Whereas John Grymes Esq r his Majesties Receiver Gen 1 hath 
this Day represented to the Board that he is charged by his 
Correspondent in London for all the Bills remitted from hence 
on Acco' of the Revenues of quit Rents two Shillings per hh d 
port Duties & head Money y 2 per Cent for his trouble in negoti- 
ating & receiving the Same besides a considerable Charge for 
the postage of the Letters wherein the s a Bills are remitted & 
praying to be reimburs'd the said Charges This Board taking 
the Same into Consideration have thought fit to Order as it is 
hereby Ordered that the Rec r Gen' be repaid out of the s d Reve- 



268 Executive Journals, Councils of Colonial Virginia 

nues whatever he hath heretofore been charged for Postage of 
Letters relating thereto & that for the future he be allowed as 
well the said Charge of postage as the ^ per Cent charged by 
his Correspondent for Negotiating & receiving the money arising 
due on the s d Bills remitted on Acco' of the afs d Revenues & 
whereas for the better advancing that part of his Majestys Reve- 
nue arising by the Sale of Rights the Receiver Gen 1 hath been 
at the Expence of keeping an Office in Williamsburgh & a per- 
son constantly attending for the more convenient furnishing the 
said Rights to such persons as have had occasion to purchase 
the Same whereby that Branch of the Revenue hath been greatly 
increas'd It is further Ordered that he be allowed for that Ser- 
vice the Sum of ten pounds per annu. from the time of his first 
entring upon his S d Office to be p d out of his Majesties s d Reve- 
nue and that the like allowance be continued hereafter until fur- 
ther Order. 

Ordered that there be pd to Peter Leheup Esq' fifty guineas 
for his extraordinary Care & Diligence in Solliciting his Maj- 
esty's Approbation of the Act for laying a Duty on liquors and 
for other Services performed by him for this governm'. 

May 2 d 1732 

Present 

The Governour 

R* Carter Esq' John Carter 

M r Com' y Blair John Grymes 

W m Byrd John Custis & 

W m Randolph Esq" 

His Majesty having been pleas'd by Order in his privy Coun- 
cil bearing date the 25 th of Nov' 1731 to declare his Disapproba- 
tion of an Act of Assembly passed here in the year 1705 Entitl'd 
an Act ag' Tob° from North Carolina & other places without the 
Capes & by an other Order of the Same date declaring his dis- 
approbation of an Act made in the Year 1726 entitl'd an Act for 
the more effectual preventing the bringing Tob° from North 
Carolina & the bounds in Controversy. 

Ordered that a Proclamation issue to notifie the same & that 
pursuant to his Majesty's pleasure the s d two acts are repealed 
& made void. 

Ordered that Henry Morrison Esq' Collector of his Majesty's 
Customs in S° Potomack be added to the Commission of the 
peace for Westmoreland County. 

Whereas Cap 1 R d Joel Cap* John Sanders M'- Solomon Will- 
son & M' Joseph Hodges of the County of Norfolk this day 
attended the Board according to Order & were exam" touching 
the Supposed Piracy committed on the Ship Windham of Bristol 



Executive Journals, Councils of Colonial Virginia 269 

by John Brown Master of the Brigantine three Brothers & John 
Sears Masters of the Sloop Catharine of Norfolk & it appearing 
upon the examination taken that the Accusation of piracy where- 
with they are charg'd is groundless It is Ordered that they be 
discharged from all further Prosecution 

On reading the petition of James Bland John Shumach 
Thomas Furr & others concern'd in the late Insurrection in Prince 
William County humbly acknowledging their Offence and pray- 
ing pardon for the same It is the opinion of the Council that 
before the Pet" be receiv'd into the benefit of his Majesty's 
pardon They ought to appear before this Board to answer such 
Matters as they shall be interrogated on touching the design of 
that Tumultous & unlawful meeting wherein they were engaged 
and it is accordingly Ordered that the Sheriff of Prince Will m 
County Sumon the said James Bland Thomas Furr & Thomas 
Furr the younger together with Henry Filkins of the Same 
County to attend this Board at the next Court of Oyer & Ter- 
miner held the second Tuesday in June and that all the other 
persons concerned in the said Insurrection upon their giving 
Security for their good behaviour for one twelve month & one 
day before the Court of the s d County of Prince William be 
Discharg'd from all further prosecution for their afs d Offence and 
the Justices of the said County of Prince William are to notifie 
the Same & to take recognizance accordingly 

May 5 th 1732 

Present 

The Governour 

M' Com rT Blair John Grymes 

William Byrd John Custis 

Cole Digges W m Randolph & 

John Robinson Hen Harrison Esq" 

Divers of the Sapony Indians being return'd into this Colony 
from the Cattabaws this day attended the Gov r & in behalf of 
their Nation desir'd that they may have leave to settle again 
under the protection of this Governm 1 intimating also that the 
Saraw Indians are willing to cohabit with them and it is there- 
upon resolv'd That Leave be granted the s d Sapony Indians to 
return into this Colony with such of the Saraws as shall think 
fit to incorporate with them & to seat themselves on any Lands 
they shall chuse not being already granted to any of his Maj- 
esty's Subjects either on the River Roanoke or Appamatox & 
that upon their notifying to the Governor the place they shall 
chuse a Tract of Land be laid out for them equal to that they 
formerly held at Christanna 



270 Executive Journals, Councils of Colonial Virginia 

Ordered that a new Commission of the Peace issue for the 
County of Isle of Wight & that Lawrence Baker Thomas Wood- 
ley & Thomas Gale Jun r be added to the s a Commission 

The following petitions for leave to take up ungranted Lands 
were this day read & granted as follows (viz.) 

To John Robinson Esq' 20,000 Acres on Monocassie on the 
north side Cohongaratoon River if the s d Lands appear to be 
within the Bounds of this Colony. 

To W m Beverly Gent 15,000 Acres on the Northwest Side 
of Sherundo River including a place called the Masanutting Town 
provided the same do not interfere with any of the Tracts al- 
ready granted in that part of the Colony. 

To W m Dandridge Esq r 5000 Acres on Aliens Creek & Turky 
Creek in Hanover County. 

To Henry Willis Gent 4000 Acres in Spotsilvania County 
near & upon the Mountains on the s° side of the north river & up 
the little fork to compleat that quantity 

To John Woodson two hundred acres of land adjoining to 
a Tract of 400 Acres already patented & 110 Acres granted by 
Patent to Josiah & Stephen Woodson & assigned to the Pet r 
with liberty to take an inclusive patent for the whole the s d 
Land lying on Genito Creek in Goochland County. 

To Charles Barrett & John Cosby 800 Acres of Land in 
Hanover County adjoyning to the pet r8 lands on little River 

To Hen Wyatt 1000 Acres of land lying on Butterwood 
Creek in Prince George County beginning on Woodliff's lower 
line & running down the Main Creek to Colemans line & 
thence bounding on the old fields branch & Bowmans line & in- 
cluding an Entry of 150 Acres made by Peter Wynn & Assigned 
to the petitioner 

To Augustine Smith Gent 4000 Acres on the head branches 
of the Mountain run Meander run & difficult Run in Spotsil- 
vania County. 

To Francis Willis Gent John Lewis & Francis Kirkly 10,000 
Acres in Spotsilvania County at Sherundo begining on the north 
River about a Mile below Swifts Creek running up & down each 
side of the River to compleat that quantity. 

To R' Brooke & George Braxton Jun r 10,000 Acres in Spotsil- 
vania & part in Hanover Counties joyning to the Lands of Capt. 
John Camm & along the Southside of Merry Mount to com- 
pleat that Quantity. 

To Francis Willis Jn° Lewis Gent & Francis Kirkly 10,000 
Acres at Sherundo in Spotsilvania County beginning at the 
mouth of Hawks Bill on the South River & running up the 
River & on each side thereof to include that quantity. 

To W m Fleet 1500 Acres on the Head branches of muddy 
Run in the fork of Rappahanock in Spotsilvania County 



Executive Journals, Councils of Colonial Virginia 271 

To Jonathan Cratchly & Marmaduke Kimbrow 2,000 Acres 
on the lower fork of the first great Creek that runs out of Rock 
fish River & on the west Side the little Mountains in Goochland 
County 

To John Williamson 2,000 Acres on the South side the 
South Anna in Hanover County including his patented land 
to Compleat that quantity 

To W m Worsham 1000 Acres on the upper side of Smacks 
Creek in Prince George County & to have an inclusive patent 
for that & his old land thereto adjoyning. 

To Edw d Booker & W m Towns 2000 Acres on Buckskin 
Creek in Prince George County 

To Edw d Booker & WilP Towns 2000 Acres on Flatt Creek 
in P. George County. 

To Abraham Cocke 2000 Acres in the County of Brunswick 
beginning on Hound Creek a little above the fork & extending 
upwards on both sides that Creek to compleat the quantity. 

To R d Kennon Jun r 1000 Acres in Brunswick County on the 
north side of Roanoke River beginning at a white Oak on the 
Rivers Bank about a quarter of a mile below the upper end of 
Thomason's low grounds & down the River to make up that 
quantity. 

To John Boiling 5000 Acres in one or more Tracts in Gooch- 
land County on both sides the Southbranch of James River near 
the great Buffalo lick beginning at Buffalo Island & extending 
up the river to compleat that quantity 

To James Baugh 1000 Acres in Prince George County ad- 
joyning to & including his patented land on black Water 

To R d Jones 2000 Acres in Prince George County on Deep 
Creek & the Deep branches thereof adjoyning to his former 
patent to include both. 

On the petition of Henry Willis Gent setting forth that by 
order of Council bearing date the 13 th day of June 1728 leave 
was granted to Larkin Chew John Chew W m Johnson Joseph 
Smith W m Russell & others to enter for & Survey 10,000 acres of 
land lying on both side of Happy Creek & joining on the great 
Mountains in Spotsilvania County and by an Order of the same 
date there was also granted to Tho" Chew W m Johnson & George 
Home 6000 Acres of Land in the fork of Leanock river in the 
s d County and by another Order of the Same date there was 
granted to Larkin Chew Joseph Smith Thomas Chew W m Rus- 
sell W m Johnson & George Home 10,000 Acres of Land lying 
in the fork of Cape Leanock run in the afs d County of Spotsil- 
vania That none of the s d parties have ever Sued out any Patents 
for the s d Lands & Praying he may have a Grant of the same 
It is ordered that the Sev 1 parties be Sumoned to attend this 
Board at the next Court of Oyer & Terminer to shew Cause 
why the Sev 1 Tracts pray'd for Should not be granted to the 
pet r . 



272 Executive Journals, Councils of Colonial Virginia 

At a Council held at the Capitol June 7 th 1732 

Present 

The Governour 

M r Com r7 Blair John Carter 

W m Byrd John Grymes 

Cole Digges John Custis & 

John Robinson W m Randolph Esq" 

Capt Isham Randolph by his Letter of the 25 th of March 
last having represented to this Board the progress of his Negotia- 
tions in opposing the Bill depending before the Parliament in 
behalf of the Sugar Islands for prohibiting the Importation of 
any Sugar or Mulassoes into any of his Majesty's Plantations 
on the Continent and the Bill prosecuted by the Merchants for 
the more easy Recovery of Debts in his Majesty's Plantations & 
Colonies abroad and having also transmitted the printed Cases 
published by him in Opposition to the said two Bills The Board 
approving his Conduct therein It is Ordered that the Sum of two 
hundred pounds Sterl. be paid him out of his Majesty's Revenue 
of 2s per hh d , towards reimbursing the Charge & Expence of 
his Solicitation in the affairs afs d & that the Same be remitted 
him by his Majesty's Receiver General, with the first convenient 
Opportunity 

On reading at the Board a Letter from the Right Hon 1 * the 
Lords Commissioners for executing the Office of Ld high Treas- 
urer of great Britain bearing date the 29 th day of Feb ry last & 
directed to the Governour & Council directing them to examine 
the Demand of Coll Alexander Spotswood late Lieut. Governour 
of this Dominion for the sum of six hundred pounds for defray- 
ing the Charges he was at in a journey to treat with the Indians 
at Albany & Conestogo & to report to their L d ships what may 
be just & reasonable to allow in Satisfaction for the same. It 
is ordered that a Copy of their Lordships said Lre be forthwith 
sent to Col Spotswood & that he be desir'd as soon as convenient 
may be to lay before this Board the Acco' of his Expences & 
such Vouchers as he hath for proof thereof to the End this 
Board may be the better enabled to make a Suitable Report 
thereupon 

A Petition of the greater part of the Freeholders & Inhabi- 
tants of S' John's Parish in the County of King William com- 
plaining that the Vestry of the s d parish lately passed an Order 
for discontinuing the two Churches in the s d parish & for erect- 
ing one Church in lieu thereof in the Centre of the s° Parish to 
the great Grievance & Inconvenience of the Pet" & there being 
at the same time laid before the Board a Survey & Map of the 
s d Parish whereby it evidently apears that the Church propos'd 



Executive Journals, .Councils of Colonial Virginia 273 

to be built by the s d Vestry will be very inconvenient to the 
greater part of the Inhabitants of that parish It is Ordered that 
the s d Vestry do not proceed any further therein but that ac- 
cording to their first Order they apply themselves to the erect- 
ing two Churches in the most convenient places in the s d parish 
for the general Ease of the Inhabitants 

June 10 th 1732 

Present 

The Governour 

M r Com ry Blair John Carter 

W m Byrd John Grymes 

Cole Digges W m Dandridge 

John Robinson John Custis & 

W m Randolph Esq" 

The following persons were this Day nominated by the 
Governour to be Sheriffs for the respective Counties for the 
ensuing Year (Viz*) 

For the Counties of 

Goochland John Woodson 

Henrico Henry Anderson 

Prince George William Epes 

Brunswick R d Birch 

Surry Nicholas Cocke 

Isle Wight Jos Bridger 

Nansemond Tho 8 Godwin 

Norfolk Willis Wilson 

Princess Anne 

Eliz City John Brodie 

Warwick Henry Seasbrook 

York Sam" Timson 

James City Willis Wilson 

Charles City Edward Cocke 

New Kent Ebenezer Adams 

Hanover Christopher Clark 

Spotsilvania W m Johnson 

Caroline R' Fleming 

King WilP Leonard Claiborne 

Essex Nicholas Smith 

King & Queen Geo Moore 

Gloucester Tho' Booth 

Middlesex James Reid 

Lancaster John Selden 

Northumberland Jn° Waughop 

Richmond Tho 9 Belfield 



274 Executive Journals, Councils of Colonial Virginia 

Westmoreland Andrew Monro 

Stafford Jn° Washinton 

Prince W m R l Jones 

King George 

Accomack John Custis 

Northampton Joachim Michael 

A New Comission of the Peace for the County of Hanover 
was this day ordered to be issued with the Addition of Several 
Gentlemen recommended to be Justices of the said County. And 
the like Commission for the County of King George. 

For remedying the Inconveniences which often arise thro' 
the interfering Entries for land made by the Leave of this 
Board It is resolv'd & Ordered that where two or more persons 
shall petition & obtain Orders for one & the Same Tract of 
Land the Surveyors to whom Such orders shall be delivered Shall 
return the Survey for the person who obtain'd the first Order 
& if there be any Surplus land remaining for satisfying Subse- 
quent Orders the persons obtaining the same be prefer'd thereto 
according to the priority of their respective grants. And it is fur- 
ther Ordered that all Licenses from this Board for the taking up 
any Land & delivered to the Surveyors pursuant to the Orders of 
the Governm' shall according to their respective Dates take place of 
all Subseq 1 Entries made with the Surveyors 

John Grymes Esq r his Majesty's Rec r Gen 1 moving the Board 
to certifie the present difference between Curr 1 Money & Bills 
of Exchange in order to enable him to Settle his Acco ,s of his 
Majesties Quit Rents & to remit the Ballance It is accordingly 
hereby certified that 22 1/3 per Cent is the present Course of 
Exchange between the Currency of this Country & Sterl. pay- 
able in London. 

June the 14 th 1732 

Present 

The Governour 

R 1 Carter Esq r John Carter 

M r Com ry Blair John Grymes 

W m Byrd W m Dandridge 

Cole Digges John Custis 

John Robinson W m Randolph & 

Hen Harrison Esq" 

Ordered That a New Comission of the peace issue for the 
County of York & that W m Barbar John Timson & Anthony 
Robinson Gent be added to the Present Justices in the s d Com- 
ission. 

Thomas Walker having petitioned for a certain Tract of 
Land in Goochland County survey'd Some Years ago for Bar- 



Executive Journals, Councils of Colonial Virginia 275 

tholomew Cox & no patent taken out the Parties this day ap- 
peared at the Board & relinquished their several pretensions 
thereto in favour of John Boiling Gent & on his Motion it is 
Ordered that a Patent be granted him for the same. 

Frances Boiling Widow having petitioned for a Grant of 
two thousand Acres of Land in the County of Prince George 
including a Survey of two hundred Acres made for one James 
Cole in the Year 1728 & no patent sued out for the Same & it 
having been directed by this Board on the 17 th of March last 
that the s d Cole should be sumoned to shew cause why the s d 
two hundred Acres of Land should not be included in the pet r " 
grant the Sheriff of the s d County of Prince George this day made 
return that the s d Cole is withdrawn out of this Colony & is 
not to be found 

Whereupon it is Ordered that Leave be granted to the Pet r 
to survey two thousand Acres of Land (including the s d Coles 
Survey) adjoyning to her patented Lands in the County of Prince 
George & that she have leave to Sue out an inclusive patent for 
the whole. 

The Caveat entr'd by Anne Parnell Widow ag' a Patent sued 
out by James Garner for land in Isle wight County is hereby 
vacated it appearing by the Report of the Surveyor that the s d 
Anne Parnell hath no right to any lands within the Bounds 
Survey'd for the s d Garnet. 

Ordered that M r Drury Stith Surveyor of the County of 
Brunswick cause the line of the s d County to be run & mark'd 
from that part of Bush river where he formerly left of to the 
nearest place on Appamatox River as the Boundary between that 
County & the County of Prince George 

June the XV th MDCCXXXII 

Present 

The Governour 

M r Com y Blair W m Dandridge 

W m Byrd John Custis 

John Robinson W m Randolph & 

John Grymes Hen Harrison Esq" 

On hearing this Day at the Board the petition & Caveat of 
Thomas Bassett ag* David Liles it appearing that the s d David 
Liles had taken all due means for obtaining a Patent for the 
land petitioned for but that the Same was delay'd through the 
negligence of the Surveyor It is therefore Ordered that the s d 
Liles have a Grant of the said Land provided he sue out his 
Patent within two months from this date & pay the Pet r his 
costs otherwise the s d Land is to be granted to the s a Pet r 



276 Executive Journals, Councils of Colonial Virginia 

Edwin Hickman & Dennit Abney having entr'd a Caveat for 
stopping a Patent for W m Randolph Son & Heir of Tho" Ran- 
dolph Gent deced for two thousand four hundred Acres of Land 
in the County of Goochland under pretence that the Same is 
within the Bounds of an Entry made by them with the former 
Surveyor of that County the Parties were this day heard by 
their Council thereupon & it appearing that the s d Hickman & 
Abney have not pursued the Directions of this Board in relation 
to their Entry & that Tho° Randolph lately deceas'd in his life 
time did regularly Survey the said twenty four hundred Acres 
of Land pursuant to the licence given him for that purpose It is 
ordered that the Caveat of the s d Hickman & Abney be vacated 
& that a Patent be granted to W m Randolph Son & heir of the 
s d Thomas for the said two thousand four hundred Acres of land 
according to the Survey therein made for his s d deced father 

Edwin Hickman & Dennit Abney declaring they would no 
longer insist on their Caveat entr'd against Rob 1 Adams Patent 
for four hundred acres of Land in Goochland County It is or- 
dered that a Patent be granted to the s d Adams for the same 

On hearing the matter in Controversy upon the petition of 
Stephen Hughs ag l Bowler Cocke & W m Mayo for Land on deep 
Creek in the County of Goochland Upon examination of sundry 
Witnesses as well on the one part as on the other It is the 
opinion of this Board that the said petition is frivolous & vexa- 
tious & therefore Ordered that the same be dismist 

James Pitillo having this day made Oath that he Serv'd the 
Widow of Roger Archer deced & also the Widow of his deced 
Son with a Copy of the Order made the 15 th day of June last 
on his petition & that the Sons Widow had answered him that 
she would not have no Concern with any part of the s d Land 
either on her own Account or her Daughters & that the Widow 
of the s d Roger Archer had consented to his obtaining a Patent 
he permitting her the Occupation of that part of the s d Land 
possess d by her deas'd husband during her natural life It is there- 
upon Ordered that the Surveyor of Prince George County do 
survey the Land petitioned for by the s d James Pitillo including 
the Plantation & houses late in the Occupation of the above 
named Roger Archer & that upon such Survey a Patent be 
granted him he giving Bond to leave the use of that part thereof 
formerly in the possession of the s d Roger Archer to his s d 
Widow during her natural life pursuant to the agreem' between 
them 

Joost Heid in behalf of himself & partners entr'd a Caveat 
to stop the granting a Patent to William Russell for Land on 
the western side of the River Sherundo granted by Order of this 
Board in June 1730 to John Vanmeter It is ordered that the 
pretensions of the Several parties be heard before this Board on 
the second day of the next general Court & on the Motion of the 



Executive Journals, Councils of Colonial Virginia 277 

s d W m Russell leave is granted him to take the depositions of 
Witnesses in the province of West Jersey to be made use of 
at the time of hearing he giving the said John Vanmeter & Joost 
Heid timely notice when & where he will take the Examination 
of the s d Witnesses. 

On hearing the Parties upon the Petition of Benjamin 
Wheeler ag* Capt Tho s Dansie for Land in Hanover County it 
appearing to this Board that the Survey of the land mentioned in 
the s d Petition was never perfected by the Surveyor It is Ordered 
that the s d Petition be dismissed & that the further time of six 
Months be allowed the s d Dansie for perfecting his Survey & re- 
turning the same into the Secretary's Office 

On the petition of Joseph Fox & by the Consent of John 
Horn It is ordered that the Land petitioned for formerly Sur- 
vey'd for the s d Horn be granted to the petitioner 

On the application of Thomas Jefferson praying that Gideon 
Chamboon may be ordered to pay him his proportion of the 
Charge for escheating the Land of Anthony Matton deced ac- 
cording to the quantity of Acres granted to the said Gideon It is 
accordingly Ordered that the s d Chamboon pay his proportion of 
the s d Charge to be regulated and setled by the Clerk of the 
Council But for as much as it is represented to this Board that 
there is an Heir at Law of the said Anthony Matton now living 
in Great Britain who intends to traverse the Escheat of the 
s d Land It is ordered that M r Jefferson do give the said Gideon 
Chamboon Bond & Security to repay the s d Charges in Case the 
Land be evicted from him 

Matthew Jouett & Ambrose Joshua Smith having Severally 
petitioned for a Grant of one thousand Acres of Land formerly 
surveyed for John Ragland & afterwards granted to Benj Hinson 
who hath neglected to sue out any Patent for the Same On hear- 
ing the Arguments of both Parties it is Ordered that the s d 
Land be granted to the s d Matthew Jouett & that the Surveyor 
of Hanover County do return a Piatt & Certificate thereof in 
his Name in Order to his obtaining a Patent. 

The Caveat entr'd by Thomas Burnet ag l Chishom is Cont d 
for the Parties to examine Witnesses in the Countrey touching 
their pretensions to the Land therein mentioned 

The Caveats entr'd by Matthew Jouett ag* Benjamin Hinson 
& John Blalock are by Consent of the Parties continu'd for fur- 
ther hearing as is also 

The caveat entr'd by Tho" Williams ag l John Finney & 
Rob 1 Anderson for Land in Hanover County. 

Whereas Drury Stith Gent Surveyor of the County of Bruns- 
wick hath represented to this Board that in pursuance of the 
Orders he receiv'd from hence he did run & mark out the divid- 
ing Lines between the s d County of Brunswick and those of Isle 
of Wight & Surry & by a Subsequent Order hath also mark'd 



278 Executive Journals, Councils of Colonial Virginia 

out a line between the s d County & that of Prince George ex- 
cept for a very small distance which he is now preparing to mark 
out & praying the Directions of this Board where he is to apply 
for Satisfaction for his trouble & Expence in that Service It is 
the opinion of this Board that it is most reasonable that the 
Expence arising by marking out the Boundaries of the s d Coun- 
ties be equally born by the s d Counties as receiving an equal 
benefit thereby And the s d Drury Stith is accordingly directed 
to lay before the respective County Courts afs d the Account of 
his trouble & Charge to the end each of the s d Counties may 
contribute it's fourth part of the Same to be paid out of the 
next County Levy. 

June the 16 th 1732 

Present 

The Governour 

R' Carter Esq' John Grymes 

M r Com y Blair W m Dandridge 

John Robinson John Custis 

John Carter W m Randolph & 

Hen Harrison Esq" 

Coll" Spotswood this day attended the Board & pursuant to 
the Directions of the R' hon ,e the L d9 Com" of his Majesty's 
Treasury delivered in the acco 1 of his Disbursments on the Treaty 
with the Northern Indians at Albany in the Year 1722 He also 
laid before the Board several Extracts of the Minutes of Council 
& Assembly whereby he was requested to take the trouble of 
presiding in the Negotiation of the s d Treaty & producing Some 
Vouchers to shew the greatness of the Expence Submitted to 
the Consideration of this Board whether it was possible to keep 
a particular Account of every Sun disburs'd considering the Va- 
riety of the Expence Whereupon this Board taking the Same 
into Consideration & being Sensible that the keeping regular 
Vouchers for every Article expended in that Service was im- 
practicable from the Nature of the Thing thought fit to propose 
that Coll Spotswood should make oath to what he believes in 
his Conscience that Journey & Service cost over & above the one 
Thousand pounds given by the Gen 1 Assembly And accordingly 
the said Coll Spotswood made Oath that he verily believes the 
expence of the s" Journey & Treaty at Albany did not cost him 
less than the sixteen hundred Pounds charged in his Acco' The 
Governour & Council came to the following Resolution 

That in as much as it appears that the said Journey to 
Albany was undertaken by Coll. Spotswood at the joint Request 
of the Council & House of Burgesses met in Assembly and that 
it is generally acknowledged that his presence at the s d Treaty 



Executive Journals, Councils of Colonial Virginia 279 



was of Singular Service for the establishing that Peace with the 
Indians which ever Since has kept the Frontiers of this Colony 
in quiet it is highly reasonable his Expences on that Service 
should be paid which appears to amount to Six hundred pounds 
Virginia Currency at that time fifteen per Cent less in Value than 
Sterl. But in regard he hath lain so long out of his Money & 
hath been put to the trouble & expence of divers Journies to 
Sollicit the payment thereof first from the Gen 1 Assembly and 
afterwards from this Board it is fit he should be repaid in Sterl. 
as much as the s d Expences amount to 

And whereas it also appears that, during Coll. Spotswoods 
Absence on the Service afs d he was Superseded in his Gov- 
ernm* by the Arrival of Coll Drysdale it seems unjust that he 
Should serve this Governm* in so important a Negotiation at his 
own expence when the Com" that attended him had an honour- 
able Allowance from the time of their Departure till their return 
and therefore it seems reasonable that Coll Spotswood on whose 
Conduct the Success of that Treaty chiefly depended should at 
least have double the allowance given to the first Comissioner 
chosen out of his Majesty's Council which was six & twenty 
Shillings per Diem & that a Report pursuant here to be pre- 
pared to be sign'd by the Gov' & Council & transmitted to the 
Lords Commissioners of the Treasury & to assure their Lord- 
ships that if upon the whole they shall be of opinion that Coll 
Spottswood ought to be paid out of his Majesty's revenues the 
s d Sum of six hundred pounds the Ballance of his Disbursmts to- 
gether with the aforemention'd Gratifications for his personal 
Trouble & Services this Board will readily order the Paym' 
thereof upon the first signification of their Lordships Pleasure. 

June 26 th 1732 

Present 

The Gov r 

R l Carter Esq r John Grymes 

M r Com 7 Blair Will m Dandridge 

Cole Digges John Custis & 

John Carter Hen Harrison Esq" 

Whereas James Fontain Gent Sheriff of the County of King 
William hath discovered 17500 Acres of concealed Lands in the 
s d County which never heretofore p d quit Rents to his Majesty. 
It is ordered that for a reward for his Service herein he be al- 
lowed to retain in his hands the Quit Rents of the said Lands 
for this Year according as hath been practised heretofore upon 
the like discoveries 



280 Executive Journals, Councils of Colonial Virginia 

June 29 th 1732 

Present 
The Governour 

Robert Carter Esq r John Carter 

M r Com y Blair John Grymes 

W m Byrd W m Dandridge 

Cole Digges John Custis & 

Hen Harrison Esq" 

The following Warrants upon his Majesty's Receiver Gen 1 to 
be p d out of the Revenue of 2s per hh d port Duties & Head money 
were this Day Sign'd by the Gov r in Council (Viz') 

To the Gov r y 2 years Salary ending the 25th of 

April last £ 1000,,—,,— 

To the Gentlemen of the Council for the same 

time 175,, — „ — 

To the Judges & Officers of the Court of Oyer 

& Terminer held in December last 100,, — „ — 

To the Auditor Gen 1 of his Majesty's Planta- 
tions ending the 25 th of April last 50„ — „ — 

To the Sollicitor of the Virg" Affairs for the 

same time 50„ — ,, — 

To the Atty General for the same time 20„ — „ — 

To the Clk of the Council for the same time . 50„ — „ — 
To the Ministers for their Attendance one gen 1 

Court 6,, — ,, — 

To the Armourer y 2 years Salary 6„ — „ — 

To the Gunners of the several Battery's y 2 

years Salary 20„ — ,, — 

To the Adjutant for the like Salary 75„ — ,, — 

To the Surveyor Gen 1 appointed for making a 

Map of the Colony y 2 years Salary 75„ — ,, — 

To W m Prentis for Sundry Repairs about the 

Gov" House 26„ 4,, — 

To the Same for Sundry Expresses & other 

Contingent Charges paid last half Year.. 681„19„ 9}£ 

And out of the Quit Rents. 

To M r Com ry Blair half Years Salary 50„— „— 

To the Atty Gen 1 half Years additional Salary. 30„ — „ — 

The acco* of his Majesties Revenue of Quit Rents for the 
Year 1731 made up in April last being exam" by the Deputy 
Auditor was this day presented by his Majesty's Receiver Gen- 
eral who made oath thereto & was Certified by the Governour 
as usual. 



Executive Journals, Councils of Colonial Virginia 281 

The Acco 1 of his Majesty's Revenue of 2s per hh d port Du- 
ties & Head Mony ending the 25 th of April last exam d by the 
Auditor & sworn to by the Rec r Gen 1 was this day Certified by 
the Governour. 

On the application of the Officers of his Majesty's Revenue 
It is Ordered that they may be empowered to make out a Num- 
ber of Rights not exceeding the value of £500 for Supplying 
such as have occasion to purchase the same in taking up his 
Majesty's Lands 

John Taylor Esq r presenting his Majesty's Lre mandatory 
bearing date the 29 th of feb ry last for swearing & admitting him 
one of his Maj tles Council of this Colony & having taken the 
Oaths appointed by Act of Parliam 1 to be taken instead of the 
Oaths of Allegiance & Supremacy & taken & Subscribed the 
Abjuration Oath mentioned in the Act made in the first year 
of his late Majesty King George the first together with the Test 
was sworn one of his Majesty's Council & took his place at 
the Board 

John Taylor Esq r Present. 

Ordered 

That a proclamation for the more speedy discovery of the 
person who burnt the publick Warehouse at Falmouth in the 
County of King George & offering the reward of one hundred 
pounds given by the house of Burgesses for making Such dis- 
covery 

July 1 st 1732 

Present 

The Governour 

R l Carter Esq r John Carter 

M r Com 7 Blair Cole Digges 

W m Byrd W m Dandridge & 

John Taylor Esq" 

A Report to the Lords of the Treasury in relation to Coll. 
Spotswoods Services & Disbursements being prepared pursuant 
to the Resolution of the Board the 16 th of last month was this 
day Sign'd by the Governour in Council 

Ordered that new Comissions of the peace issue for the 
Counties of Northumberland & Northampton & that the Several 
Persons recomended be added to the former Justices in the s* 
respective Com 8 

On reading at the Board a Petition of John Clayton Esq r his 
Majesties Atty General representing that by the increase of 
Criminals of late Years especially since the importation of Con- 



282 Executive Journals, Councils of Colonial Virginia 

victs from great Brittain his Trouble in the prosecution of them 
at the General Court & Courts of Oyer & Terminer is greatly 
increas'd & many of these Offenders being of low Circumstances 
have for that reason been discharg'd by the s a Courts without 
paying the usual Fees allowed on [to] the Atty General on the like 
prosecutions. 

That the Pet r laid his Claim for the prosecution of Eight 
such Criminals before the House of Burgesses who have refus'd 
to make him any Allowance for that Service & praying Relief 
therein The Council taking the Same into Consideration and being 
sensible how greatly the Trouble of the Attorney General is 
increas'd by the many Burglaries & Felonies committed chiefly 
by imported Convicts do request the Governour to represent the 
Pet" Case to the R' hon' e the L d3 Commissioners for executing 
the Office of L d high Treasurer of great Britain that by their 
Lordships Application to his Majesty the Salary allowed to the 
General Attorney & paid out of his Majesty's Quit Rents may 
be augmented to one hundred pounds Sterl. per Annu which with 
the Allowance he hath out of the 2s per hh d may be a Suitable 
Encouragem' for the Additional Trouble he is like to have in the 
discharge of his Office. 

Sundry Petitions for leave to take up his Majesties Lands 
were read & granted as follows (viz*) 

To R' Boiling Gent 1000 Acres adjoyning to his old Land 
on Squirrell Level & to have an exclusive patent for the whole 

To Thomas Westmorland 700 Acres in Prince George 
County on the N° Side Nottoway River joyning on the Lands of 
George Brooke John High Morgan McKenny Henry Green Joshua 
Wall & Gabriel Hanison & on the Licking place Branch & Walls 
Run with Liberty to include the same and the Pet" old Land 
in one Patent 

To Matthew Talbot 1000 Acres of Land lying upon Sturgeon 
Run in Brunswick County. 

To R' Munford Jun r 1000 Acres lying on the North side 
Roanoke River at the mouth of Cubb Creek on the upper Side 
thereof & up the s d River & Creek for the Complement in 
Brunswick County. 

To Francis Epes Jun r & Isham Epes 1000 Acres lying be- 
tween the Gravelly Run & the Cattail joining on the petitioners 
Lines in Prince George County. 

To Will'" Hudson 486 Acres lying on Stony Creek joyning 
on the Lines of Jones & Winagin above the mouth of Cedar 
Island Branch in Prince George. 

To W ra Kennon 2000 Acres on the Northside Roanoke River 
beginning on the s d River half a mile below the Mouth of Lick- 
ing hole Creek & up the River to compleat the s d quantity. 

To W ,n Kennon 2000 Acres on the s° side Roanoke river 
opposite to Thomason's low Grounds in Brunswick County 



Executive Journals, Councils of Colonial Virginia 283 

To Abraham Venables 1500 Acres of Land on Hardware 
river in Goochland County. 

To Ambrose Joshua Smith 1000 Acres of Land in hanover 
County lying upon Elk Creek. 

To Samuel Spencer for Leave to include in one patent 1200 
Acres of Land Survey'd in four Tracts lying on both sides the 
S° Fork of James River & adjacent to the Sycamore Islands 

On the petition of John Simmons Gent Setting forth that he 
formerly patented two Tracts of Land the one containing 710 
Acres & the other 350 lying in the County of Isle of Wight That 
between & adjoining to these Lands & the Lands of the Nottoway 
Indians & of John Arrington W m Simmons & Jn° Doyle in that 
County there is a quantity of Sunken grounds not yet entr'd for 
& praying a Grant of the Same & to have it included with his — 
s d other two Tracts in one Patent It is thereupon Ordered that 
the s d John Simmons have leave to take up the said Sunken 
Grounds & include that & his other two Tracts afs d in one Patent 
according to the prayer of his Petition 

On the Petition of Rob' Lewis setting forth that by Order of 
Council bearing date the 10 th day of June 1731 there was granted 
to the Pet r & Charles Lewis a Tract of Land containing 10000 
Acres lying on Ivey Swamp on the S° Side the N° Branch of 
James River in Goochland County. 

That the s d Charles having quitted his part of the s d Grant 
the Pet r produced Rights for his Moiety thereof to the Surveyor 
who refus'd to Survey the Same without receiving Rights for 
the whole Tract & praying Relief therein It is Ordered that the 
Surveyor of the s d County of Goochland lay of 5000 Acres of 
the s d Land including the Noth Garden in one or more Surveys 
as the Pet r shall think fit. 

Benj Hinson having petitioned for a Grant of 200 Acres lying 
on the N° Side of James River at the mouth of Hardware River 
in Goochland County Survey'd some Years ago for John Stevens 
& Rob* Adams who have neglected to sue out a Patent for the 
Same It is ordered that the s d Stevens & Adams be Sumoned to 
appear before this Board at the next Court of Oyer & Terminer 
& to shew Cause why the s d Land ought not to be granted to 
the Pet'. 

Joseph Fox having petitioned for a Grant of 800 Acres of 
Land lying on the S° side of James River at the upper end of 
the Seven Islands in Goochland County survey'd long since for 
Tho s Billow & W m Kennon who have not taken care to patent 
the Same It is Ordered that the s d Parties attend this Board at 
the next Court of Oyer & Terminer in Order to a Determination 
of the matter in Dispute. 

Tho s Bassett having petitioned for a Grant of 350 Acres of 
Land lying on Deep Creek in Goochland County joining on the 
Land of Bowler Cocke & George Stobal Survey'd about four 



284 Executive Journals, Councils of Colonial Virginia 

Years ago for William Hughs & no patent sued out for the 
Same It is ordered that the S d Hughs do attend this Board at 
the next Court of Oyer & Terminer to shew Cause why the s d 
Lands should not be granted to the Pet r . 

Henry Cary having petitioned for a Grant of 800 Acres of 
Land lying on the Byrd & on the lines of Coll. W m Cole deced 
Jonas Lawson John Bostwick & Ebenezer Adams survey'd in 
two Surveys for George Payne who hath not Sued out a Patent 
for the Same It is ordered that the S d Payne be Sumoned to 
appear before this Board at the next Court of Oyer & Terminer 
to answer the S d Petition 

Ambrose Joshua Smith having petitioned for a Grant of 
400 Acres of Land lying on the northside of Newford River & 
joyning to the Lands of Capt. Crawford & Benja Saunders Sur- 
vey'd in the Year 1727 for George Pemberton who hath neglected 
to Sue out a Patent for the same It is ordered that the s d Pem- 
berton be sumoned to attend this Board at the next Court of 
Oyer & Terminer to answer the said Petition. 

At a Council held at the Capitol the 20 th day of 
October. 1732 

Present 

The Governour 

M r Corn' 7 Blair John Grymes 

W m Byrd W m Dandridge 

Cole Digges John Custis 

John Robinson W m Randolph & 

John Taylor Esq" 

In pursuance of the Act of Assembly for preventing Frivol- 
ous & vexations Suits & for regulating Attornies practising in 
the County Courts John Clayton Esq r his Maj t,es Atty Gen 1 John 
Holloway Esq r & M r W m Hopkins are appointed & each of them 
is hereby authorized to examine into the Qualifications of the 
several persons applying for Licences to practise as Attorneys 
in the County Courts & to report their Opinions thereupon to 
this Board. 

Whereas the General Court has been hitherto attended only 
by the under Sheriffs of the County of York who being often 
changed & new ones appointed who know little of their business 
and Duty many Inconveniences do thereby frequently arise For 
preventing whereof It is resolved that a Standing Officer be ap- 
pointed to attend each general Court to perform the Duty of 
Cryer & such other Services as by the s d Court shall be appointed 
him & that he be allowed the Sum of ten pounds Sterl for each 
Court to be paid out of his Majesties Revenue of two Shillings 
per hh d & 



Executive Journals, Councils of Colonial Virginia 285 

October the 22 d 1732 

Present 

The Governour 

M r Corn' Blair W m Dandridge 

W m Byrd John Custis 

John Robinson W m Randolph & 

John Grymes John Taylor Esq" 

The Governour with the advice of the Council was pleas'd 
to nominate & appoint the following Persons to be Inspectors of 
Tob° at the Several Warehouses within this Colony pursuant to 
the late Act of Assembly, (viz') for 

Shackoes — John Radford, James Holman 
Warwick — Arthur Mosely, Joseph Wilkinson 
Turkey Island — John Povale, W m Royal Jun r 
Bermuda — Joseph Royal, Will m Worsha 
Munfords — P r Jones Jun r , R d Kennon 
Appamatox — W m Poythres, Peter Jones 
Soane — Sam 11 Harwood Jun r , James Williams 
Wainwright — Nich Parker, Tho" Applewhaite 
Lawrences — Sam 11 Davis, Tho s Swann 
Constances — Wright, Joseph Godwin Jun r 
Sleepy hole — Tho s Brewer, Anthony Holiday 
Norfolk — George Newton, Thomas Scott 
Kemps — Arthur Sayer 

Merch' Brandon — C* Tho s Cook, Moses Johnson 
Cabbin Point — Coll Tho 8 Cocke, W m Simmons 
Grays Creek — R d Cocke, John Simmons 
Warixqueak — Arthur Smith, Thomas Hill 
Swinyards — W m Royal, James Epes 
Gloucester — Thomas Coleman, John Stubbs 
W m burgh — Matthew Peirse, R* Goodrich 
Tuskanask — W m Morris, W m M c kain 
Hogneck — W m Walker, W m Broadnox. 
Deacons Neck — P r Richardson, R 4 Throckmorton 
Portoportank — John Royston, Tho 8 Booth Jun r 
Crutchfields — Ralph Crutchfield, Christopher Smith 
Hampton — Thomas Tabb, John Kirby 
Rows — Dan 1 Moore, Anthony Robinson 
Warwick. — W m Harwood, Miles Wills 
York— R* Shield, Sam 1 Read 
Mantipike — W m Ferguson, Tho s Stark 
Shepherds — John Collier, R l Dudley 
Chamberlayn's — Walter Clopton, Pelham Moor 
Williams — William Cradock, James Mason 
Urbanna — John Robinson, John Roads 



286 Executive Journals, Councils of Colonial Virginia 

Kemps — George Hardin, John Curtis 

Hobbs hole — James Griffin, W m Roane 

Bowlers — John Vass, Abr Mountague 

Nailors— Tho 9 Wright Belneld, R d Barnes 

Totuskey— Tho 8 Nash, Henry Miskill 

Quantico — John Turly, Tho 8 Osborne 

Meriweathers — John Tally, Tho 8 Glass 

Todds — Chris r Beverly, W. Byrd Richards 

Ayletts — W ra Lawson, Jos Birkley Jun r 

Quarles — John Quarles, R d Gregory 

Deep Creek — Joseph Chin, R' Mischell Jun r 

Laytons — R' Parker, Tho" Jones. 

Brays — W m Jett, Abraham Barns 

Mattox — John Martin, John Elliot 

Roys — John Roy, R d Booker 

Comways — John Taylor, Rice Curtis Jun r 

Falmouth — Francis Thornton, Anthony Strother 

Fredsburgh — Zachary Taylor, Hancock Lee 

Wicocomico — Tho 8 Berry, W m Betts 

Glascock — W m Downman, Martin Sherman 

Hunting Creek — Lewis Elzey, John Awbry 

Pohick — Edward Bepry, Francis Awbry 

Boydshole — Townsend Dade, John Washington 

Marlbro — Benj. Strother, Charles Brent 

Nominy — Patrick Spencer, Wharton Randall 

Nasswadox — Tho 8 Marshall, Jonathan Stott 

Cherry stones — W m Scott, John Savage 

Hungars — R' Nottingham, W m Kendall 

Guilford — W m Andrews, John Snead 

Pungoteague — Edw d Revell, Daniel Rogers 

Yeocomico — Sam" Uskridge, Willoughby Newton 

Pitts — Griffith Savage, John Kendall Or James Wishart 

A new Comission of the peace for New Kent County is 
ordered to issue & that Joseph Allen R d Littlepage & Walter 
Clopton Gent be added to the Present Justices in the s d Com- 
ission 

Also a new Comission of the Peace for Middlesex & John 
Walker John Robinson & W m Montague be added to the present 
Justices in the s d Comission 

The Inspectors of the Several Warehouses having made ap- 
plication to this Board for paym' of the Watchmen appointed at 
the s d Several Houses It is the opinion of this Board & accord- 
ingly Ordered that where the said Watchmen have diligently 
perform'd their Duty they be paid for the same after the rate 
of 20s per M" for the time of their Attendance in that service 
out of his Majesties Revenue of 2s per hh d . 



Executive Journals, Councils of Colonial Virginia 287 

Whereas upon the Complaint of the Saponie Indians the 
great Men of the Nottoways were ordered to attend here to 
Justine themselves & their Nation of the murder of some of the 
Saponie Nation with which they are charg'd & have neglected to 
appear It is Ordered that the Comanding Officer of the Militia 
in the County of Surry do fortwith cause the s d Nottoway Great 
Men be seiz'd & brought under a Guard to Williamsburgh in 
order to their Examination. 

Oct r 26 th 1732 

Present 
The Governour 

M r Com ry Blair John Grymes 

W m Byrd W m Dandridge 

Cole Digges John Custis 

John Robinson W m Randolph & 

John Taylor Esq" 

On reading at the Board a petition of divers of the Justices 
& Inhabitants of the County of Prince William complaining of 
the Inconvenience of the public Warehouse appointed by the Act 
made last Session of Assembly to be built at Pohick & praying 
that another House in Lieu thereof may be built at Ocoquan 
It is the Opinion of this Board that the s d Petition be rejected 
& thereupon it is Ordered that the Com" appointed for directing 
the Building of the public Warehouses in the s d County of Prince 
William do take care that a convenient Warehouse or Ware- 
houses with all Suitable Accomodations thereunto belonging be 
forthwith built at Pohick afs d pursuant to the directions of the 
Act of Assembly. 

On the petition of Ellison Armistead under Sheriff of York 
County praying that a Fine impos'd on him by Order of the 
General Court for returning on the Grand Jury a person who 
was not a Freeholder & owning & acknowledging his offence It 
is Ordered that the s d Fine be remitted. 

Sundry Testimonials of the Qualifications of persons petition- 
ing for Licences to practice as Attorneys in the County Courts 
were this day read at the Board & Licences accordingly Ordered 
to those reported qualified. 

On reading at this Board sundry Letters from [to] the Gov- 
ernour from Edwin Conway of the County of Lancaster Gent com- 
plaining of the Misbehaviour of Joseph Carter & others the In- 
spectors of Tob° in that County It is ordered that the matter of the 
s d Compl' be heard before this Board on this day Sevnnight & that 
Notice thereof be given as well to the s d Edwin Conway as to 
the s d several Inspectors to bring with them such Witnesses as 



288 Executive Journals, Councils of Colonial Virginia 

they think fit on either Side for the better clearing the matter in 
Controversy. 

The acco' of Contingent Charges for the last half year was 
this day laid before the Board & being examin d was allow'd Also 
an Acco' of Disbursements for Repairs about the Gov" House 
was this day examd & allowed. 

Ordered that 300 Copies of the Law concerning the Militia 
be forthwith printed & dispers'd among the sev 1 Officers for 
their better direction in their duty & that Copies of the two Tob° 
Laws be also printed for the Service of the sev 1 Inspectors at 
each Warehouse. 

On reading at this Board the petition of Sarah Syme of the 
County of Hanover Widow representing that in a Obedience to 
an Order of this Board the pet" late husband Coll. John Syme 
was at Considerable Charge in fitting himself & his Attendants 
to run the dividing line between the s d County of Hanover & the 
County of Goochland that after he had set out in order to Per- 
form that Service he was taken ill of that Sickness whereof he 
soon after died but nevertheless dispatch'd his Assistant with 
necessary provisions & the like Accomodations as he had provided 
for himself, but that Service was disappointed by the Nonat- 
tendance of the Surveyor of Goochland County & praying the 
Consideration of this Board in the Premises & a Reimbursment 
of the Charges expended on that Service great part whereof she 
hath paid since her Husbands death. It is the Opinion of the 
Council & accordingly Ordered that it be recomended to the Jus- 
tices of the County of Hanover to examine the pet" Acco' of 
Disbursments on the Service afs d & to make her a Suitable 
Allowance for the Same in the next County Levy as a Charge 
which ought to be born by the s d County 

October the 27 th 1732 

Present 

The Governour 

M T Com 7 Blair John Grymes 

W m Byrd John Custis 

Cole Digges W m Randolph & 

John Robinson John Taylor Esq" 

On hearing this day at the Board the matter in dispute on 
the Caveat of Joost Heyd Assignee of John & Isaac Vanmeter 
for Stopping a Patent sued out by W m Russell for land on 
Sherundo River It is ordered that the s d Joost Heyd have a Grant 
of all that Tract of Land included in the Entries of John & 
Isaac Vanmeter which lyes on the lower side of the first Western 
Branch of Sherundo otherwise called Cape Leanock & the 



Executive Journals, Councils of Colonial Virginia 289 

Branches thereof including the Land between that & the Moun- 
tains next to Opeckan & extending from Sherundo river along 
the lines of the Land taken up by Rob' Carter Esq r deced to 
the s d Mountains & thence Westerly as far as will include the 
quantity of 20,000 Acres granted to the s d John & Isaac Van- 
meter & that if the s d W m Russell will take up the Quantity of 
Land he pretends to claim by Vertue of his Entries & Surveys he 
be permitted to make a new Entry for the same beginning over 
against the Mouth of Happy Creek & running up the Western 
side of the s d western branch but not to cross the same so as 
to interfere with the grant hereby made to the s d Joost Heid But 
for as much as during the dispute between him & the s a Russell 
he hath been interrupted in seating the s d Land according to 
the Condition on which the Same was granted to the s d Van- 
meter further time is allowed him till the next General Court 
for complying with the s d Condition & he is accordingly hereby 
directed to have the number of Families on the s d Land by that 
time on pain of forfeiting this Present Grant 

On the petition of W m Russell leave is granted him to Survey 
20,000 Acres of Land in lieu of the 19,000 formerly Survey'd for 
him lying on both sides of Sherundo River above Happy Creek 
& in the fork of the s d River joining upon the land of Joost Heid 
& others interested in the Entry of John Vanmeter as the same 
is this day ascertain'd by the Board. 

On the petition of Alex r Ross & others his partners for a 
Grant of 20,000 Acres of Land joining on the S° side of the Line 
of the Province of Pensilvania & on the west side of the Boundary 
of my Lord Baltimores Grant for the province of Maryland & 
joining to the Lands lately entr'd for by John Robinson Esq r 
It is ordered that the Entry of the • Petitioners for the s d Tract 
be received & that if upon Settling the Boundaries of Pensilvania 
& Maryland the Said Land shall appear to be within this Govern- 
ment the Pet" be prefer'd to a Grant thereof 

Ordered That the surveying the several Grants made to John 
Robinson Esq r Augustine Moore & John Robinson Jun r Gent for 
Lands on Conicachigah & Anditank be Suspended until the Bounds 
of the province of Maryland be first settled. 

Ordered That a new Commission of the Peace issue for the 
County of Northampton & that the Sev 1 Persons recomended by 
the Court be appointed Justices for the s d County. 



290 Executive Journals, Councils of Colonial Virginia 

Oct r 28 th 1732 

Present 

The Governour 

M r Com ry Blair John Grymes 

W m Byrd Will Dandridge 

Cole Digges John Custis 

John Robinson Will. Randolph & 

John Carter John Taylor Esq" 

The great Men of the Nottoway & Sapony Indians this day 
attending the Governour in Council upon the Complaint of the 
said Sapony Indians against the Nottoways for divers Murders 
committed on their people since their return into this Government 
& more particularly for joining with divers foreign Indians in an 
attack made on the said Sapony Indians at their Fort in the 
month of August last Contrary to the express Orders sent them 
by the Governour & it appearing to the Board by the Testimony 
of Mary Tatum that one Jeminy a Nottoway Indian on his re- 
turn from the Sapony Fort own'd at her House that he & others 
of that Nation had been that day fighting with the Saponies and 
it also appearing that the said Nottoways have at their Town 
four Prisoners of the Saponie Nation taken from the plantation 
of Coll. R* Mountford It is ordered that the s d Nottoway Indians 
for their Contempt in disobeying the Orders of the Governour 
be fined in the sum of ten pounds to be paid to the Saponies or 
the Value thereof in Goods, being the Compensation they agree 
to accept for the loss they have sustain'd by means of the said 
Nottoway Indians and that the same be accordingly paid before 
the fifteenth day of April next. And it's further Ordered that the 
s d Jemmy & two other of the great Men of the Notoway Indians 
be committed to the Public Goal & there detain'd until the 
Sapony Prisoners be delivered up to their Nation and for the 
better preserving the Peace between the s d Nations for the fu- 
ture It is ordered that neither of the s d Nottoway or Sapony 
Indians do presume hereafter to disturb or Molest one another 
in their Hunting and if either of them shall offend herein the 
Indians found guilty of being the first Aggressours shall be 
transported out of this Colony and if any Murder shall be com- 
itted by either of the s d Nations on the other that Nation whose 
Indians shall comit the Same shall be answerable for such Mur- 
der unless they deliver up the Persons concern'd therein to be 
tried & punishd according to Law and whereas the Nottoway 
Indians frequently entertain at their Town parties of the Tuska- 
rooro's inhabiting in N° Carolina & under Colour thereof do re- 
ceive among them divers of the Six Nations under the Governm* 
of North Carolina & under Colour thereof do receive amongst 



Executive Journals, Councils of Colonial Virginia 291 

them divers of the six Nations under the Governm' of New York 
who by their Treaties of peace are bound not to pass through 
any Part of this Country to the Eastward of the great Moun- 
tains or to the Northward of Roanoke River without a Passport 
from the Governour of New York and then not exceeding ten in 
one Company the said Nottoway Indians are for the future to 
forbear entertaining at their Towns or giving encouragement to 
their coming into this Colony any of the said foreign Indians on 
pain of being made accountable for any Mischief or Injury the 
s d Tuskarooras or other foreign Indians shall do either to his 
Majesties Subjects or to the Saponies and on the other hand the 
Sapony Indians are to be accountable for any Injury or mischief 
which shall be done to his Majesty's Subjects or to the Nottoway s 
by any of the Cattabaw Indians their Confederates who shall 
resort to their Town. 

Which Orders & Injunctions aforementioned being Comuni- 
cated & fully explained to the s d Nottoways & Sapony Indians 
were by their respective great Men severally agreed & Submitted 
to and it is Ordered that Copies hereof be deliverd to the Inter- 
preters of the said Several Nations to be by them communicated 
to all the Indians at their respective Towns. 

On the Petition of Will m Byrd Esq r leave is granted him to 
Survey & patent 3,000 Acres of Land on the S° side of Roanoke 
River over against Occanecchy & Stewkanock Islands in Bruns- 
wick County. 

Nov r 2" 1732 

Present 

The Governour 

M r Com ry Blair John Grvmes 

W m Byrd W m Dandridge 

Cole Digges John Custis 

John Robinson W m Randolph & 

John Carter John Taylor Esq" 

The Governour acquainted the Council that he had appointed 
the Several Naval Officers Collectors of the Duties on Liquors & 
Slaves 

Ordered That the General Assembly which stands prorogu'd 
to the 16 th instant be further prorogu'd to Thursday the 15 th of 
March next & that a Proclamation issue accordingly Several peti- 
tions for Land were read & granted as follows (viz 4 ) 

To John Blalock leave to include in one patent one Thousand 
Acres of Land lying contiguous on both sides of Cubb Creek in 
Hanover already survey'd in three distinct Surveys 

To Christopher Smith & John Snelson for 2400 Acres in 
Hanover County joining on the land late of Coll John Syme on 
Gold Mine Creek in the fork of pamunky 



292 Executive Journals, Councils of Colonial Virginia 

To Peter Jones Jun r for 3,000 Acres on Deep Creek in the 
County of Prince George adjoining to the Lands of Rich d Jones 
Jun r & to the land already granted to the Pet r by Patent with 
Liberty to take out an Inclusive Patent for the whole. 

To John Hamlin for 2,000 Acres in Brunswick County on 
the southside of little Nottoway opposite to the Stone house run- 
ning up to the Horse pond Creek, thence up the s d Creek about a 
Mile & half thence across to great Nottoway thence down Not- 
toway parallell with the beginning & thence across to the be- 
ginning 

On the petition of John Allen setting forth that about six Years 
ago there was Survey 'd for a certain person whose Name the Pet r can- 
not learn, a Tract of Land containing 322 Acres or thereabouts in Hen- 
rico County which said Land soon after the survey was assign'd over 
to Tho" Boatwright who hath neglected to sue out any patent for the 
same pursuant to the Orders of Governm* & praying the said Boat- 
wright may be Sumoned to defend his Title to the said Land It is ac- 
cordingly Ordered that a Sumons issue for the said Boatwright to 
attend this Board at the Council to be held after the Oyer & Terminer 
in June next to shew Cause if any he have why the said Land ought not 
to be granted to the Pef 

The following Warrants on the Rec r Gen 1 to be paid out of his 
Majesties Revenue of 2s per hh d &c were this day Sign'd by the Gov- 
ernour in Council (viz 4 ) 

To the Governour 1/2 years Salary ending the 25 th of 

October £ 1000,,—,,— 

To the Gentlemen of the Council the like Salary. . . . 175,, — ,, — 
To the Judges & Officers of the Oyer & Terminer 

held in June last the like Salary 100,, — „ — 

To the Auditor General of the Plantations for the 

Same time 50„ — ,, — 

To the Solicitor of the Virginia Affairs for the same 

time 50,, — ,, — 

To the Attorney Gen 1 for the same time 20„ — „ — 

To the Clk of the Council for the same time 50„ — „ — 

To Sundry Ministers attending one gen 1 Court & 

Assembly 20,, — „ — 

To the Armourer y 2 years Salary 6,, — „ — 

To the Gunners of the Sev 1 Batterys for the same 

time 20„ — „ — 

To W m Prentis for Sundry Repairs about the Gov" 

House 125,, 1„— 

To the same for Expresses & other Contingent 

Charges 536,, 15„ 2 

To the Adjutant one half Years Salary 75,, — ,, — 

To the Surveyor Gen 1 the like Salary 75„ — ,, — 



Executive Journals, Councils of Colonial Virginia 293 

And out of the Quit Rents 

To M r Com ry Blair y 2 years Salary 50„ — „ — 

To the Atty Gen 1 T / 2 years additional Salary 30,, — „ — 

The Acco 4 of his Majesties Revenue of 2s per hh d port Duties 
& Head money ending the 25 th of October last examd by the Deputy 
Auditor was presented by the Rec r Gen 1 who made Oath thereto was 
Certified by the Gov r in the usual Manner 

Nov r 3 d 1732 

Present 

The Governour 

M r Com ry Blair John Grymes 

W m Byrd W m Dandridge 

John Robinson John Custis & 

John Carter W m Randolph Esq" 

On hearing this Day at the Board the Complaint of Edwin Con- 
way Gent ag' M r Carter M r Ball & M r Brent Inspectors of Tob° at the 
Warehouses in Lancaster County & at Indian Creek 'tis the opinion of 
this Board that the s d Complaint is vexatious & groundless & forasmuch 
as it hath appeared upon the Examinations of divers Witnesses of Un- 
doubted Credit that the s d Inspectors have honestly & diligently per- 
form'd their Duty It is Ordered that they be Continu'd in their s d 
Offices. 

At a Council held at the Capitoll the 15 th of December 1732 

Present 

The Governour 

Cole Digges W m Dandridge 

John Grymes John Custis & 

W m Randolph Esq" 

Whereas Information was this day given to the Board that the 
Tuscorooro Indians in Conjuntion with divers Indians of the six 
Nations under the Governm* of New York are now amongst the Frontier 
plantations in the County of Brunswick lying in wait to cut of the 
Sapony Indians for preventing the Mischiefs w ch may happen as well 
to the Inhabitants on the s d Frontier as to the s d Saponie Indians living 
under the protection of this Government It is the opinion of this 
Board & accordingly Ordered that the Comanding Officers of the Militia 
in the Several Frontier Counties give immediate Orders to take up & 
Secure all such of the Northern Indians as shall be found on the North 
side Roanoke river & Eastsides of the great Mountains within the Limits 
of this Colony not having Passports from the Governour of New York 



294 Executive Journals, Councils of Colonial Virginia 

conformable to the Treaty made with them in the Year 1722 & all 
Tuscarooro Indians living within the province of North Carolina who 
shall be found within the Bounds of Virginia without Licence & to 
cause them & every of them to be Conveyed under a Guard to W ms - 
Burgh there to be proceeded ag' according to the Directions of the Act 
of Assembly in that Case made & provided. 

On Consideration of the Claim & Demand of the Inspectors at 
Roys Gibsons & Connoways Warehouses for Watchmen at the s a houses 
It is ordered that there be paid to them one Moiety of their s d Demand 
& that the paym' of the rem r be suspended until they shall make appear 
that the services therein mentioned were necessary & that they have paid 
the Sums Charged for the Same. 

Whereas it hath been represented to this Board that divers of the 
Publick Warehouses being only Singly covered are become leaky & 
unfit to secure from damage the Tob° brought thereto & that at other 
prizes for the convenient packing thereof are wanting & the Wharfs 
Cranes necessary for landing & Shipping of Tob° either entirely neg- 
lected or so slightly built as to be of small use & it being necessary for 
the Interest of the people & the advancement of the Trade that these 
inconveniences should be speedily remedied It is Ordered by the Gov- 
ernour in Council that the Comissioners appointed for directing the 
Building of the publick Warehouses in the several Counties do as Soon 
as conveniently may be make enquiry into the Condition of the s d respec- 
tive Warehouses with the prizes Wharfs & Conveniences thereunto be- 
longing & where they find any Deficiency therein that they cause such 
Ware Houses to be immediately repair'd so as to secure the Tob° to be 
lodg'd therein from all damage that may be Occasioned by the Weather 
and where the same is not already to cause necessary prizes Wharfs & 
Cranes to be set up & erected according to the Intent of the Act of 
Assembly in case made & provided and if any of the proprietors of the 
s d Warehouses shall refuse to make such Reparations and Conveniences 
that then the s d Com" do direct the same to be made & the Charge there- 
of deducted out of the rents payable by the Inspectors for the s d Ware- 
houses respectively. 

A New Comission of the Peace is ordered to be issued for the 
County of Gloucester & that Henry Whiting John Washington Beverly 
Whiting Gent be added to the said Comission according to their respec- 
tive ranks 

Ordered that a new Comission of the peace Issue for the County of 
Spotsilvania & that Francis Thornton jun r Francis Talliaferro John 
Holiday & Rice Curtis jun r be added to the s d Comission 

Ordered that the General Assembly be further prorogu'd to Thurs- 
day the 21 st of June next and that a proclamation issue accordingly. 

On reading at this Board the petition of John Griffin late one of 
the Inspectors at Roys & Gibsons Warehouses Complaining of his 
being misrepresented whereby he hath been displaced from his office 
& producing sundry Testimonials of his good behaviour It is there- 
upon ordered that the s d John Griffin be appointed an Inspector upon the 



Executive Journals, Councils of Colonial Virginia 295 



first vacancy that shall happen at either of the Warehouses that lye 
covenient for him. 

On reading at this Board a Representation from the Court of 
Hanover County complaining that the dividing line appointed to be 
run between the s a County & Goochland Upon the representation of 
the Surveyor of Goochland County was made without their knowledge 
or privity & greatly to the prejudice of the S d County and praying that 
the. said dividing line may be run parallel with that of Spotsilvania It 
is ordered that a Copy of the s d Representation be sent to the Justices 
of Goochland County & that if they have any Objection to what is 
propos'd therein they be heard thereon on the third day of the next 
General Court. 

Sundry Petitions for Land were read & granted as follows (viz 1 ) 
To Nicholas Meriweather 1618 Acres of Land on round about 
Creek in Hanover County survey 'd for W m Robertson & by him as- 
signed to the said Meriweather with leave to include the same in one 
Patent with 800 Acres thereto adjoining already granted by Patents 
to the pet r . 

To Christopher Clark Ambrose Joshua Smith & John Henry 3000 
Acres of Land in one or more Tracts beginning on the S° Fork of the 
North branch of James River above the mouth of Ivy Creek & running 
up the lines of Lynch Hudson & Lewis & outwards towards the great 
Mountains & crossing over the said South Fork to the N° fork & over 
the said N° Fork to the Piney Mountain in Hanover County 

To John Ragland all the Kings land upon the branches of Chicka- 
homony Swamp & Stony run & joining on the Lands of Michael Holland 
John Sutton R d Wynne John Pulliam Francis Clark & others & to in- 
clude in one Patent the s d Land & four hundred Acres already patented 
by the Petitioner 

To Francis Flourney 2,000 Acres in Henrico County on the South- 
side of Swift Creek joining on the Lands of Jn° Woolridge, R* Ashurst 
& Alex r Marshall 

To R 4 Beverly W m Beverly & John Corrie fifty thousand Acres of 
Land lying upon Sherundo River on both sides thereof & next above 
a Tract formerly granted to the said W m Beverly called the Massanut- 
ting Town 

To W m Chamberlayne all the Kings land beginning on his own 
line upon Locust Creek & joining on those of R* Hood & Pouncy 
Anderson & running along his own Linds on Hinsons Creek & those of 
Daniel Williams & the entry of Tho 9 Maples & joining on the lands of 
Matthew Sins on the s d Locust Creek with leave to take an inclusive 
patent for that & two other Tracts of four hundred Acres each the 
one granted by Patent to David Meriweather & convey'd to the s d 
Chamberlayn & the other Patented by himself the s d Land lying in 
Hanover County. 

On the petition of R d Randolph Gent setting forth that Stephen 
Evans about the Year 1727 entered for 850 Acres of Land in Bruns- 
wick County upon the encouragement of his Majesty's remitting the 
Rights & quit rents & as Soon as the Surveyor of the County laid out 



296 Executive Journals, Councils of Colonial Virginia 

the Same assign'd his Right therein to the Pet r who hath since made 
divers Entries & Surveys adjoining to the said Evans's Entry amount- 
ing to the Quantity of 4000 Acres including the Entry of the s d Evans 
& praying to have an inclusive Patent for the s d 4000 Acres & also the 
benefit of his Majesty's Bounty for the s d 850 Acres thereof as the s d 
Evans was entitul'd unto It is ordered that the Petitioner have an in- 
clusive Patent for the s d 4000 Acres but that he pay Rights & Quit rents 
for the same as other Patentees. 

Arthur Moseley by his Petition setting forth that by Patent bearing 
date the 22 d of Febr y 1724 there was granted to him & one Samuel Han- 
cock 500 Acres of Land at a place called Butterwood Swamp in the 
County of Henrico which said Land is since Solely come to the Pet r 
who hath lately surveyed four hundred Acres more adjoyning thereto 
& praying he may have an Inclusive patent for the whole Leave is ac- 
cordingly granted him to include the said two Tracts in one patent ac- 
cording to the prayer of his petition 

On the petition of Benj Roberts setting forth that the Petitioners 
Father John Roberts did in the Year 1724 enter for & Survey 400 
Acres of Land in Spotsilvania County in the fork of Rappahannock 
River & on both sides of the Mountain Run upon the Encouragement 
of the Kings Bounty the Piatt whereof the said John returned into the 
Secretary's Office & soon after departed this life & by his last Will & 
Testament did devise the s d Land to the pet r who was then an Infant & 
by reason of his continuing a Minor for sev 1 years thereafter & no 
patent hath ever issued for the said Land & praying he may now have 
a patent on the same Terms his father might have had for the same 
It is Ordered that the said Benjamin Roberts have a patent for the s d 
Land accordingly 

On the petition of Simon Stubblefield setting forth that the Pet" 
Brother John Stubblefield late of Gloucester County deced being in his 
life time' seized in Fee of one thousand Acres of Land in Spotsilvania 
County granted to him by Patent & having a Right to a Tract of five 
hundred Acres of Land in the same County by a Certificate granted 
him by the hon le General Court the 20 th of October last as lapsed from 
Thomas Dimmock by his last Will & Testam 1 did devise to his two 
Sons 800 Acres of the said Lands & to the pet r 700 Acres and foras- 
much as the abovemention'd five hundred Acres was intended as part 
of the seven hundred devis'd to the pet r & that he is by the said Will 
Obliged to have the other Tract devis'd to the deed Sons and praying a 
Patent may Issue in his Name for the five hundred Acres lapsed from 
the said Dimmock It is ordered that the s d Stubblefield have a patent 
for the said five hundred acres as part of the Land devis'd to him 

On the petition of Martha Taylor Widow & Executrix of James 
Taylor late Surveyor of King William County setting forth that her 
said Husband about the Year 1723 did survey for one Edward Arnold 
four hundred Acres of Land & for one Thomas Allen two hundred 
forty three Acres both in the s d County of King William & did return 
the several Platts thereof to the Secretary's Office together with a Suf- 
ficient Number of Treasury Rights for obtaining Patents thereon That 



Executive Journals, Councils of Colonial Virginia 297 

some time thereafter Enquiry being made for the s d Patents it hapned 
the s d Platts could not be found Whereupon the Pet" Husband was 
oblig'd to purchase new Rights & then obtain'd Patents for the s d two 
Tracts & sometime after the first platts & Rights being found by the 
Clks of the Secretary's Office new Patents were by them made out for 
the same Lands as will appear by the Records of the s d Office & pray- 
ing She may be reimburs'd the purchase Money which her Husband 
paid for the Rights of the said six hundred forty three Acres of Land 
It is Ordered that M r Auditor Blair do examine the Allegations of the 
s d petition & make report to this Board. 

On the petition of John Netherland Gent leave is granted him to 
take up 1200 Acres of Land lying on Licking hole Creek in Goochland 
County & joining to the Lands of John Boiling John Fleming Ebenezer 
Adams & Thomas Paterson. 

Henry Willis Gent having petitioned for a Grant for 1000 Acres 
of Land in Spotsilvania surveyed for Richard Maulden & the s d Maulden 
being return'd Sumoned & not-appearing ordered that a patent for the 
s d Land be granted to the petitioner 

At a Council held at the Capitol the 26 th of April 1733 

Present 

The Governour 

M r Com y Blair John Grymes 

W m Byrd John Custis 

Cole Diggs W m Randolph & 

John Taylor Esq" 

The following Persons were this day nominated & appointed by 
the Governour in Council to be Sheriffs for the under mention'd 
Counties for the ensuing Year (viz 1 ) For the County of 

Essex Alex r Parker 

Prince W m Tho s Harrison Jun r 

Warwick Anthony Armistead 

Hanover David Crawford 

Spotsilvania Joseph Brock 

Eliz. City John Brodie 

York Sam 11 Timson 

Middlesex Armistead Churchill 

Henrico Henry Cary 

Northumberland Matt Kennor 

Gloucester Sam" Buckner 

Westmoreland Henry Lee 

James City Willis Willson 

Princess Anne Jacob Elligood 

Surry Nich 8 Cocke 

Northampton John Stratton 



298 Executive Journals, Councils of Colonial Virginia 



On reading at the Board a Lre from the Right hon le Horatio Wal- 
pole Esq r Auditor Gen 1 of his Maj tles Plantations directed to the Gov- 
ernour with the Copy of a Lre directed to the Deputy Auditor contain- 
ing divers objections ag' allowing in the Acco ts of his Majesty's Rev- 
enue of 2s per hh d the Salary's to the Surveyor General & Adjutant 
& the charge of 5.5/8 per Cent for remitting in Bills of Exchange 
that part of his Majesties Revenues which is received in Spanish Silver 
& the half per Cent claimed per the Rec rs Generals Correspondent for 
negotiating the Bills of Exchange in England It is the unanimous re- 
quest of the Council that the Governour will be pleas'd to represent 
to the right hon le the L ds Com rs of his Majesty's Treasury the Reasons 
& Motives for appointing a Surveyor Gen" & Adjutant the first in 
Compliance with his Majesty's Instructions so often repeated for caus- 
ing an exact Map & Survey of this Colony to be prepared & trans- 
mitted to his Majestie & the L ds Com™ for Trade & plantations & the 
letter for modelling the Militia into one Uniform Order & Method of 
Discipline without which it can be of little service if there should be 
Occasion to draw together divers bodies to oppose the Invasion of 
foreign Enemies or to Suppress Insurrection of Slaves & seeing the 
Revenue of 2s per hh d &c was raised & appropriated as well for the 
defence of the Country as for the Support of the Governm 4 & con- 
tingent charges thereof & that the Governour with the advice of the 
Council has always been allowed the proper Judge of the Measures 
Necessary for that purpose & the rewards to be given to such as act 
in the publick Service It is therefore humbly hoped that the Lords 
Com" of his Majestys Treasurey will be pleas'd to approve of the 
Establishment of the Adjutants until the Militia be once regularly dis- 
ciplind when it always was intended the Salary as well as the office 
should cease & if their Lordships shall be of opinion that the Expences 
of Obtaining a Mapp of this Colony pursuant to his Majesty's Instruc- 
tions is too great that they will be pleas'd to move his Majesty to dis- 
pence with the said Instructions for the future and it is also the opinion 
of this Board that the paym' of the said Salarys be suspended till his 
Majesty's pleasure be further known and as to the allowances of 5 
& 5/8 per C l to the rec r gen 1 for remitting by Bills of Exchange the 
Several branches of his Majesties Revenue which are paid in Current 
money this Board request the Governour to represent to the R' hon ,e 
the Auditor General & the necessity of 

Ordered that fifty barrells of Gun powder be sent for, for the 
Service of the Governm' & that his Majesty's Receiver General pay for 
the Same out of his Majestys revenue of 2s per hh d for as much as the 
quit Rents for this year were Collected before the Arrival of the auditor 
General's Letter it is the further opinion of this Board that the same 
Allowance of 5 & 5/8 per Cent to the Rec r Gen 1 must necessarily be 
charged in the Account of the present years Revenue for Such money 
as hath been already received which he cannot be enabled to remit the 
same to England 

Ordered that the General Assembly be further prorogu'd to 
Thursday the 15 th of Nov r next & that proclamation issue accordingly 



Executive Journals, Councils of Colonial Virginia 299 

Ordered that a new Comission of peace issue for the County of 
Prince George that Thomas Ravenscroft & W m Stark Gent who were 
formerly Justices of the peace be placed according to their former rank 
& that John Bannister R d Bland Edw d Booker & Theophilus Field be 
added to the s d Comission 

Ordered that New Comissions issue for the following Counties 
(viz') 

For the County of Norfolk & that John Phrip John Ellegood John 
Hutchins Stephen Wright Lemuel Langley & R d Church be added to the 
said Comission 

For the County of Surry & that John Cargill Charles Binns & 
Sam" Thompson be added to the s d Comission. 

For the County of Westmorland & that Willoughby Newton W m 
Stephenson John Rushroad John Ashton Wharton Rersdale Thomas 
Chelton Benjamin Waddy Humphry Pope & James Hore be added to 
the said Comission 

For Spotsilvania County & that Joseph Thomas & John Minor be 
added to the said Comission 

For the County of Prince William & that John Colvil be put the 
third in the Comission for the s d County 

Sundry acco ts & Certificates for watching the Warehouses at Roys 
Gibsons & Conways on Rappahanock River were this day laid before 
the Board & allowed. 

The ace' of Contingent Charges for the last half year & also the 
Acco' of Work & Repairs about the Governours house were severally 
examin'd & allowed. 

John Colvil Merch' by his pet n praying a remission of the port 
Duty's of his Ship Tankervil which entred in potomack River with 
intent to load Tob° but through the Scarceness of the Crop was obliged 
to depart thence empty for Petapsco River in Maryland upon Con- 
sideration whereof it is ordered that the s d Ship be discharged from the 
payment of Port Duty's & that Coll Tho s Lee the Naval Officer in Poto- 
mack cause the Same to be repaid to the pet r 

May 4 th 1733 

Present 

The Governour 

James Blair John Grymes 

W m Byrd John Custis 

Cole Diggs W m Randolph 

John Robinson John Taylor Esq" 

Ordered that a new Comission of the peace issue for the County 
of Nansemond & that David Mead Thomas Brewer and Thomas Jor- 
dan be added to the s d Comission 

Ordered that a new Comission of the peace issue for the County 
of King & Queen & that Philemon Byrd Rich d Tunstall John Bickerton 
& John Maddison be added to the Present Justices in the s d Comission. 



300 Executive Journals, Councils of Colonial Virginia 

A Warrant under his Sign Manual dated the 25 th of Jan ry last & 
Countersign'd by the Lords Com" of his Majestys Treasury was this 
day read in Council directing of the Payment of the Sum of nine 
hundred thirty six pounds twelve Shillings to Coll Alex r Spotswood 
out of the revenue of two shillings per hh d in full of all demands for his 
Expences & Service in Negotiating a Treaty with the Indians at Albany 
in the Year 1722 and it is accordingly ordered that a Warrant be pre- 
pared for the Governors Signing for the Payment of the afs d Sum 
pursuant to his Majesty's pleasure in that behalf. 

The following Warrants on the Rec r Gen 1 to be paid out of his 
Majesty's Revenue of 2s per hh d port duty's & head Money were this 
day Signed by the Governour in Council (viz 1 ) 

To the Governour y 2 years Salary ending the 25 th 

of April last £1000,,— 

To the Gent of the Council for the Same time. . . . 175,, 
To the Judges & Officers of the Court of Oyer & 

Terminer held in December 100,, — 

To the Auditor Gen 1 of the Plantations y 2 years 

Salary ending the 25 th of April 50„ — 

To the Sollicitor of the Virginia Affairs for the 

same time 50,, — 

To the Atty Gen 1 for the Same time 20,, — 

To the Clk of the Council for the Same time 50,, — 

To the Armourer for the Same time 6„ — 

To the Gunners of the sev 11 Battery's for the same 

time 20„— 

To the Ministers attending one Gen 1 Court 6„ — 

To W m Prentis for Sundry repairs about the Gov" 

house 41„ 4 

To W m Prentis for Sundry Expresses & other con- 
ting* charges 662„10 



, 1# 



And out of the quit Rents. 



To M r Com y Blair y 2 years Salary to the 25 th Apr 1 

last £ 50„— „— 

To the Atty Gen 1 y 2 years Additional Salary .... 30,, — ,, — 

A Motion being made that for as much as the Salary allowed to 
the Members of his Majesty's Council was Establishd in the Infantcy 
of the Country & is now no ways proportionable to the trouble & 
charge they are at in attending Gen 1 Courts & Assembly's besides the 
frequent Occasions that happen for calling them together for the Pub- 
lick Service at other times for which no allowance is made that there- 
fore his Majesty may be humbly moved to augument the Salary of 
the Council to such Sum as he shall graciously think fit as well in Con- 
sideration to their Trouble and Expence as for the Supporting the 
Dignity of their office and the Council here present do request the 



Executive Journals, Councils of Colonial Virginia 301 

Gov r to represent the same to his Majesty in the most favourable man- 
ner & thereupon the Gov r was pleased to declare he would do all the 
Service in his power towards obtaining what they desire. 

Whereas it has been represented to this Board that many Incoven- 
iences arrive by persons living in one County & making Entries for 
Land in an other for that the Surveyors cannot without very great 
Trouble & Charge give personal notice of the Time they are ready to 
Survey & when they send Notice in Writing the persons to whom the 
Same is Sent often deny the receipt thereof & so keep the Entry's on 
foot for a long time to the great prejudice of his Majesty's Revenue & 
the Disappointm' of others who would Survey & take out patents for 
the Same Land for prevention whereof It is ordered that the Sur- 
veyors of the Respective Counties do cause a publick Advertisement 
to be set up at the Door of the Court house where the Land lye on 
two Successive Court Days expressing the Entry's they intend to Sur- 
vey & the Time when & if within ten Days after the Second Court the 
persons having Such Entry's do not attend the Surveyor fully prepared 
to perfect the said Surveys then such Entry to be void & the Surveyor 
shall be at Liberty to survey the Same for any other person and that 
notice given as aforesaid shall be accounted as SufF to all persons 
having Entry's as if the Surveyors had given the same in person. 

At a Council held at the Capitol June 13 th 1733 

Present 

The Governour 

M r Com' 7 Blair John Grymes 

W m Byrd W m Dandridge 

Cole Diggs John Custis 

John Robinson W m Randolph & 

John Carter John Taylor Esq" 

On a Representation from the Justices of Brunswick County 
Ordered That a new Comission of the peace issue for the said County 
& that John Duke Bartholomew Peterson & Nicholas Lanier be added 
to the present Justices in the said Comission 

On reading this Day at the Board a petition of the greater part 
of the Inhabitants of the Parish of North Farnham in Richmond 
County complaining of an Order made by the Vestry of the said Parish 
for building a new Church near the lower end of the Parish to the 
great Inconvenience of the pet" & an unnecessary charge to the 
parish It is ordered that the s d Vestry do forbear any further proceed- 
ings in the building of the said Church until both parties be heard before 
this Board on the third day of the next General Court at which time 
the said Vestry or such as they shall think fit to depute together with 
such of the pet" as shall be thereunto appointed in behalf of the rest 
are hereby ordered to attend 



302 Executive Journals, Councils of Colonial Virginia 

Thomas Roberts of the County of York Gent having petitioned 
for a Grant of a Small parcel of Land containing thirty Acres or there 
abouts lying in Charles parish in the s d County survey'd above a Year 
ago for one John Robinson who hath neglected to sue out a patent for 
the same According to the orders of the Government & the said 
Robinson having been Sumoned to appear & failing so to do It is 
Ordered that the s d Land be granted to the Pet r & that the Surveyor 
of York County deliver him a Piatt thereof in order to his obtaining 
a patent. 

Joseph Mouhay having entr'd a Caveat & prefer'd a Petition for a 
grant of 400 Acres of Land in Hanover County survey'd about five 
years ago for Joseph Powell & by him assign'd to Joseph Bickley & 
no patent yet sued out by either of them Geo Woodrooff this day ap- 
peared & insisted on his Right to a Grant of the said Land by vertue 
of a Caveat entred for the same Land It is ordered that the parties 
be heard on their Sev 1 pretentions before this Board on the third day 
of the next General Court. 

The former order for examining Witnesses in the Controversy 
between Thomas Burnet, & Chisholm is continu'd & 

a Return of the Depositions of the witnesses appointed to be made at 
the next Court of Oyer & Terminer 

On the petition of Benjamin Needier Gent It is Ordered that no 
patent be granted on a Survey for Marish Land made for Christopher 
Prior until the Pet r be heard on his Pretentions to the same Land as 
adjoining to his Patented Land in King & Queen County. 

James Harris of the County of Surry having entr'd a Caveat for 
stopping a patent sued out by W m Collier for three hundred twenty eight 
Acres of Land lying near the three Creeks in Brunswick County & it 
being alledged in behalf of the s d Colliers that his Survey & Rights 
were entr'd in due time in the Secretary's Office and that the Occasion 
of the Delay in obtaining his Patent was owing to the Neglect of the 
Surveyor It is ordered that Leave be granted the said Collier to take 
Depositions of Witnesses in the Country before any Justice of the 
peace giving lawful Notice to the s d Harris. 

Thomas Bassett having petitioned for a Grant of 350 Acres of 
Land lying above deep Creek in Goochland County Surveyed for 
William Hughes & no patent sued out within the time limited by the 
Orders of Government and the said Hughes having been Sumoned to 
attend this day & not appearing It is ordered that the said Land be 
granted to the petitioner. 

John Allen having petitioned for a Grant of 322 Acres of Land in 
Henrico County survey'd divers years ago & assign'd to Tho" Boat- 
wright who hath neglected to Sue out any Patent for the same the s d 
Boatwright this day appear'd & confess'd the Allegations of the petition 
to be true & thereupon It is Ordered that the said Land be granted to 
the afs d John Allen according to the prayer of his Petition & on the 
Motion of the s d Boatwright It is Ordered that his Rights lodged with 
the Survey in the Secretary's Office be return'd to him. 



Executive Journals, Councils of Colonial Virginia 303 



Sarah Archer Widow having entr'd a Caveat for stoping a Patent 
sued out by James Pitillo for Land in the County of Prince George & 
praying leave to examine ancient Witnesses to make out her pretentions 
It is ordered by Consent of the s d Pitillo that the s d Archer have leave 
to examine Such Witnesses as she shall think fit giving legal notice to 
the s d Pitillo of the time & place of such Examination. 

The Indians of the Sapony & Nottoway Indians this day attended 
the Gov r in Council & represented that in Order to put an end to the 
Hostilities between them they had entred into Terms of peace & amity 
in which the Tuscarooro Indians were willing to be included & it is this 
day agreed between them that the great Men of the Sapony & Nottoway 
Nations meet at the Tuscarooro Town & there conclude a peace amongst 
themselves & at the request of the Saponies Leave is granted them to 
incorporate with the Tuscarooro's if they see fit upon this Condition 
that Neither of the s d Nations do presume to hunt upon any Patented 
Lands within this Government nor come amongst the Inhabitants in 
any greater Number than three in a Company and Leave is also granted 
the said Saponies to remain where they now are until their Corn be 
gathered in and then if they do not cohabit with the Tuscarooro's that 
they remove to some place without the Inhabitants between Roanoke & 
Appamatox rivers where a Sufficient Tract of Land shall be assign'd 
them according to the former directions of this Board. And it is ordered 
that M r R* Hix do attend the s d Saponies in their present Treaty with 
the Tuscarooro's & report to this Board the Conditions of the peace 
concluded between them. 

Sundry Petitions for leave to take up land were read & granted 
as follows (viz*) 

To Thomas Bassett 1300 Acres beginning at Buck branch being 
the next above Grooms Quarter & running up the S° Side of Willis 
Creek & crossing the Same to Compleat that quantity in Goochland 
County. 

To W m Hudson 1000 Acres lying on the Northside of Stony Creek 
adjoining to Jones & Wininghams Lines & Cedar Island branch in 
Prince George County. 

To Thomas Williams 2000 Acres lying on the South side of 
Hatchers run in prince George County joining on the lines of W m 
Mayes Tho 3 Saterwhite & James Hudson 

To Henry Cary leave to include in one patent 12000 Acres of land 
already Survey 'd in Sundry Surveys with his patented Lands thereto 
adjoyning on Willis's Creek in Goochland County— 

To W m Jones 500 Acres joyning to his patented Lands in Prince 
George County beginning at Colvells line on the Road near Nottoway 
River. 

To W m Byrd Esq r 4000 Acres in Brunswick County begining at 
the mouth of a Creek at the falls of the South branch of Roanoke & 
running up both sides of the s d Creek to the Country line so as to include 
the s d quantity — 

To Booth Napier 1200 Acres in Goochland County beginning at 
the mouth of a Branch that runs into the upper side of the Byrd above 



304 Executive Journals, Councils of Colonial Virginia 

the forks of the s a River & from thence Such Courses as will include that 
quantity. 

To Joseph Hix all the Kings Land joining on his own Land being 
one hundred acres part of 400 patented by David Gwyn & on Adam 
Rutherford the s d Gwyn & others in Hanover & to take an Inclusive 
patent for the whole. 

To Joseph Thomas & Ashford Hughs 1000 Acres lying on the 
Southside of James River on the west side of Muddy Creek in Gooch- 
land County with leave to take an inclusive Patent for the s d quantity 
& 800 Acres already patented and thereto adjoining 

To John Ragland 1000 Acres beginning near as ablaz'd Spanish 
Oak on little Cawthorns Run & extending to great Cawthorns Run to 
include that quantity in Hanover County. 

To John Ragland 1000 Acres adjoining to his own patented Lands 
on both sides the Southanna in Hanover County with Leave to take 
an inclusive patent for the whole. 

To Henry Wood Leave to include in one patent 1600 Acres of 
Land survey 'd in divers Surveys on both sides Buck Island Creek in 
Goochland County. 

To Matthew Anderson Gent leave to include in one patent 1200 
acres of Land survey'd in Sundry Surveys joining on the lines of Adam 
Rutherford W m Hayns Michael Holland & others in Hanover County. 

To Buckley Kimbrough leave to include in one patent 728 Acres 
of Land Surveyed in two Surveys lying between the lines of Drumond 
Scot Lacy Lovell Holland & others in Hanover County 

To George Rives 1000 Acres in Prince George County on the North 
side of Jones's hole Swamp on the Cherry Orchard branch beginning 
on the County line thence to R d Blands line thence to Cuthbert Wil- 
liamson's Line thence running along the Lines of R d hills R d Carlile 
John Jennings & the Pet r to include that quantity. 

To R d Randolph John Boiling & William Kennon 10,000 Acres in 
Brunswick County beginning five Miles below the great Swamp on little 
Roanoke & running up the s d River ten Miles including the Land on both 
sides So as to compleat that quantity. 

To Henry Anderson 500 Acres in Prince George County on both 
sides the Beaver pond Branch joining to the lands of John Adams R' 
Mann & Thomas Reems 

To Joseph Mayo 2000 Acres joyning on Bowler Cocks land on the 
East side Muddy Creek in Goochland County 

To Dan" Stoner leave to include in one patent four hundred Acres 
of land already patented with the land whereon he lives in Goochland 
County. 

To Charles Lynch 1000 Acres adjoining to the land of John Carter 
Esq r & that of Charles Hudson at prospect & to the land of the s d Hud- 
son on Hardware River in Goochland County 

To Dan" Stoner 1500 Acres in Goochland County adjoining to his 
land already Survey'd at great Guinea beginning on John Bostwicks line 
& running Such Courses on both sides of the Creek as will include 
that quantity with leave to have an inclusive patent for both Tracts. 



Executive Journals, Councils of Colonial Virginia 305 

To Charles Fisher 1000 Acres on both sides Nottoway River begin- 
ning three or four Miles above Capt. Evans quarter on the s d River 
in Brunswick County. 

To Stephen Chastain leave to include in one patent 513 Acres lying 
in Several Tracts or Dividends but contiguous part of the Same being 
within the bounds of the Manakin Town 

To Joseph Wilkinson 1000 in the fork of Tally's horse pen branch 
& running over the lower branch including his former Survey in Prince 
George County. 

To Samuel Glover 1200 Acres in one or more Tracts on Slate River 
beginning upon the River about a Mile below the Fork at a white Oak 
marked SG & running up both branches to compleat that quantity and 
1000 more on the poison'd or Indian Field lying on both sides the path 
leading from the fork of James River to Buckingham near the land of 
W m Kennon both being in Goochland County 

June 14 th 1733 

Present 

The Governour 

M r Com 7 Blair John Robinson 

W m Byrd John Carter 

Cole Diggs W m Dandridge 

John Custis Esq" 

Whereas Certain Hogsheads or Casks of Tob° said to have been 
passed by the Inspectors at Roys Gibsons & Conways Warehouses last 
year have been sent back from Bristol as altogether unmerchantable & 
unfit to be exported according to the Directions of the Act of Assem- 
bly this Board being desirous to know the Condition of the s d Tob° & 
by which of the s d Inspectors the Same was view'd & pass'd have thought 
fit to order as it is hereby Ordered that John Robinson & John Taylor 
Esq" Thomas Lee Nicholas Smith & Charles Grymes Gent or any three 
of them do examine into the Quality & Condition of the s d Tob° & if 
they find the same to be bad to enquire by whom & at what Warehouse 
the Same was inspected & past & to make report thereof to this Board 
together with what proofs they can find of it's being past in the Condi- 
tion it now is. 

The Account of his Majestys Revenue of 2s per hh d ending the 25 th 
of April last & 

Also the account of his Majesty's Revenues of Quit rents ending 
the same time being Severally examin'd by the Deputy Auditor were 
presented by the Rec r Gen 1 all who made Oaths thereto & were Certified 
by the Governour in the usual manner — 

Whereas by Order of this Board bearing date the 15 th of December 
last upon a Representation from the Court of Hanover County concern- 
ing the affixing the dividing line between that County & Goochland the 
Justices of Goochland County were directed on the third day of last 



306 Executive Journals, Councils of Colonial Virginia 

April General Court to signify their Objections (if any they had) 
against uniting the s d Boundary as proposed in the s d representation 
and whereas the s d Justices of Goochland County have hitherto taken 
no Notice of the s d Order It is this day Ordered by the Governour 
in Council that unless Sufficient cause be shewn on the part of the Jus- 
tices of Goochland County on the third day of the next General Court 
that then Directions be given for uniting the afs d dividing Line parallel 
as that of Spotsilvania Pursuant to the desire of the Justices Inhabitants 
of the s d County of Hanover 

At a Council held at the Capitol the 17 th day of October 1733 

Present 

The Governor 

James Blair John Grymes 

Cole Digges Will" 1 Dandridge 

John Robinson John Custis 

John Carter Wil Randolph & 

John Tayloe Esq" 

On hearing this day in Council the Petition of divers of the In- 
habitants of S' George's Parish in the County of Spotsylvania, complain- 
ing that the Vestry of the said Parish have Ordered two new Churches 
to be built neither of which are any way convenient to the upper In- 
habit ,s of the said Parish, and on Considering what was [said] on behalf 
of the Vestry, it appearing to the Board, that no Complaint was offered 
to [by] any of the Inhabitants, until a long time after the said Churches 
were begun to be built, and that the same is now so far proceeded in, that 
the work cannot be interrupted without puting the Parish to a very great 
& considerable Charge It is the opinion of this Board That the said 
Petition be rejected ; but Nevertheless that the said Vestry according to 
the Proposal this day made in their behalf do with all Convenient Speed 
cause a Chappel of Ease to be built for the Use of the upper Inhabitants 
of the said Parish as shall be found most suitable for that Purpose 

On hearing at this Board the matter in dispute between the In- 
habitants & Vestry of North Farnham Parish in the County of Rich- 
mond It is Ordered by the Governor with the Advice of the Council 
that the new Church proposed by the said Vestry be built at the Place 
already appointed but so as the Charge of such Building be raised & 
Levyed in such manner and within such time as may be most for the 
Ease of the People inhabiting the said Parish 



Executive Journals, Councils of Colonial Virginia 307 

October 22 d 1733 

Present 

The Governor 

James Blair William Dandridge 

William Byrd John Custis 

John Robinson Wil Randolph 

John Carter John Tayloe & 

John Grymes Phil Lightfoot Esq" 

Pursuant to His Majesty's Warrant under his Roial Sign Manuel 
bearing date the 9 th day of April 1733 Philip Lightfoot Esq r having 
first taken the Oaths appointed by Act of Parliament to be taken in- 
stead of the Oaths of Allegiance and Supremacy, the abjuration Oath 
mentioned in the Act of Parliament made in the first Year of His late 
Majesty's Reign and subscribed the Test, was this day Sworn & admited 
one of His Majesty's Council 

October 24 th 1733 

Present 

The Governor 

James Blair Wil Dandridge 

William Byrd John Custis 

John Robinson Wil Randolph 

John Carter John Tayloe & 

John Grymes Philip Lightfoot Esq" 

Ordered 

That the General Assembly be further prorogued to Thursday the 
14 th day of February next, and that a Proclamation issue accordingly 

Present Cole Digges Esq r 

Pursuant to His Majestys Warrant under his Roial Sign Manuel 
bearing date the x th of April 1733 Thomas Lee Esq r having first taken 
the Oaths appointed by Act of Parliament, to be taken instead of the 
Oaths of Alegiance & Supremacy, the Abjuration Oath mentioned in the 
Act of Parliament made in the first Year of His late Majesty's Reign, 
and subscribed the Test was this day sworn and admitted one of His 
Majesty's Council 

Present Thomas Lee Esq r 

Henry Lee Gentleman was this day appointed Naval Officer and 
Collector of the Virginia Duties in the District of South Potowmack 
in the Room of Thomas Lee Esq' now one of His Majesty's Council 

Ordered 

That John Taylor one of the Inspectors at Conway's Warehouse 
be, for his Misbehaviour removed from his said Office, and 



308 Executive Journals, Councils of Colonial Virginia 

That M r William Johnson be appointed in his Room 

William Fantleroy jun r Gent is appointed Inspector at Nailor's 

hole, in the Room of Richard Barnes 

Francis Redford is appointed Inspector at Shokoes Warehouse in 

the room of John Redford 

October 27 th 1733 

Present 

The Governor 

James Blair John Grymes 

William Byrd Wil Dandridge 

Cole Digges John Custis 

John Robinson Wil Randolph 

John Carter Phil Lightfoot & 

Thomas Lee Esq" 

Charles Broadwater and George Harrison Gent are appointed In- 
spectors at Hunting Creek, in the Room of M r Ellsee and M r Awbry 
removed for their Misbehaviour in their Office 

John Payne Gent is appointed Inspector at Brays Church Ware- 
house in the room of Abrm Barnes 

Samuel Harwood and James Williams Inspectors at Soans's Ware- 
house having misbehaved themselves in their Office are therefore re- 
moved, and Thomas Ballard and Dacy Southall are appointed in their 
Room 

Ordered 

That a new Commission of the Peace be issued for the County of 
Stafford, and that M r Anthony Thornton be placed in the said Com- 
mission according to his former Rank, and that Chaundler Fowke and 
Hugh French be added to the said Commission 

For the better ascertaining the bounds between the Counties of 
Hanover and Goochland It is this day Ordered, upon the Representa- 
tion of the Justices of the said County of Hanover that from the place 
where the Bounds between the said Countys were formerly marked, 
a Line be run Parallel with that of the County of Spotsylvania, and ex- 
tending as far as the great Mountains, and that the same be run and 
mark'd at the joint Charge of the said Counties of Goochland and 
Hanover, at such time as the Courts of the said Counties shall think fitt ; 
unless the respective Surveyors shall agree to run the same sooner at 
their own Expence. 



Executive Journals, Councils of Colonial Virginia 309 

October 29 th 1733 

Present 

The Governor 

M r Com y Blair Wil Dandridge 

John Robinson John Custis 

John Carter Wil Randolph & 

John Grymes Thomas Lee Esq" 

The Accounts of Contingent Charges for the last half Year and 
also the Account for Repairs about the Governor's House were this day 
Examined and allowed 

Whereas Cap Robert Long of His Majesties Ship did in the Year 
1729, retake a Sloop which had been Piratically seised and taken away 
from this Colony and brought the Persons concerned therein, back to 
this Colony; to be tryed for the said Offence, It is the opinion of this 
Board and accordingly Ordered That His Majestys Receiver Gen 1 do 
send for a handsom peice of Plate not exceeding the Value of fifty 
Pounds Sterling to be given to the said Cap Long as an Acknowledge- 
ment from this Government for the said Service 

Henry Fitzhugh Esq r representing to this Board That upon a late 
Survey of a Tract of Land granted by Patent to one Motts being form- 
erly in the County of Essex now Spotsylvania he hath discovered that 
the said Tract doth contain seventeen Thousand Acres of Land within 
the Lines thereof more than is expressed in the said Patent and praying 
a new Grant of the said Tract according to the true Quantity and 
bounds as the same is settled between him & Col Spotswood the adjoin- 
ing Patentee, It is Ordered That a new Patent Be granted him accord- 
ing to the Prayer of his Petition and that he be discharged of all Arrears 
of Quit Rents for the said surplus Land, in consideration of his having 
made the first Discovery thereof himself 

November 1 st , 1733 

Present 

The Governor 

M r Com 7 Blair John Custis 

Cole Digges Wil Randolph 

John Grymes John Tayloe & 

Thomas Lee Esq" 

On reading at this Board the Petition of James Langton of the 
Ship Trafford of Liverpoole, seting forth that having built the said 
Ship in the lower district of James River in this Colony with intent to 
proceed with her to Maryland in Ballast as soon as his Sails & Rigging 
(which he daily expects) shall arive without taking in any other Goods 
or Merchandizes here, and praying that as well the Ship Trafford as 
that Ship which shall bring in the Sails and Rigging for her, may be 



310 Executive Journals, Councils of Colonial Virginia 

exempted from the payment of Port Duties, and the other Charges due 
upon Entry, and the said Sails and Rigging allowed to be landed by a 
permit only It is this day Ordered by the Governor with the Advice 
of the Council that the said Ship Trafford be exempted from the pay- 
ment of the Port Duties and Governors Dues if she clears out only in 
her Ballast, and That for such Ship as shall import the Sails Rigging 
and Furniture of the Ship Trafford and unlade no other Goods or 
Merchandize here, Permitt be granted by the Officers without oblidging 
her to enter, and that no Port Duties be charged, except the Fee for 
such permitt only. 

Present 
William Byrd & Will Dandridge Esq" 

John Hayes of the County of Glocester being Examined before 
this Board, touching his Knowledge of the transporting From that 
County divers Hogsheads of Tobacco to be Inspected in Cherrystone's 
Warehouse in Northampton County, declared That he carried twenty 
five hogsheads belonging to sundry Persons in Order to be inspected & 
passed at Cherrystones Warehouse, That the Tobacco therein was such 
as would not have passed at any of the Warehouses in Glocester County, 
but yet in his Opinion better than any he saw at Cherrystones, That the 
Inspectors there only opened one head of each hogshead, & drew some 
Samples, but did not strip off the Cask nor Examine into the Tare, That 
he was informed by Cap Brookes of the Ship Haswell, That he like- 
wise carried Tobacco to that Inspection and gave for a Reason that the 
Inspectors there never uncased any Tobacco, by which means he could 
have a quicker dispatch than at any of the other Houses ; On Considera- 
tion of the Premises It is Ordered that M r Scott and M r Savage the 
Inspectors of the said Warehouse of Cherrystones be suspended from 
their said Office 

Ordered 

That Luke Milner and Thomas Samford Gent be appointed Inspec- 
tors at Totuskie in the room of Thomas Nash and Henry Myseall who 
for Neglect of their Duty are removed 

Ordered 

That Ralph Crutchfield one of the Inspectors at Page's Warehouse 
be removed from his said Office for his Misbehaviour therein 

John Justice is appointed Inspector at Pitts's Warehouse in the 
Room of Griffith Savage who hath resigned 

Ordered 

That Burr Harrison late Inspector at Quantico Warehouse be re- 
moved from his said Office for his Misbehaviour and that M r John 
Diskin be appointed in his Room. 

Ordered 

That Samuel Davis and Thomas Applewhite Inspectores at Wain- 
rights Warehouse in the County of Isle of Wight be removed from 
their said Office for their Misbehaviour therein 



Executive Journals, Councils of Colonial Virginia 311 

M r John Lee is appointed Inspector at Marlebourough in the room 
of Benjamin Strother who is hereby removed 

Armistead Churchill Gent was this day appointed Naval Officer of 
the District of Rappahanock in the Room of Charles Carter Gent who 
hath resigned 

Present Jn° Robinson Esq r 

On reading this day at the Board a Report of John Tayloe and 
Thomas Lee Esq" and Charles Grymes Gent appointed by Order of 
this Board bearing date the XIV th day of June last to Examine the Con- 
dition and Quality of certain Casks of Tob° said to be passed at Roys 
and other Warehouses in Rappahannock and consigned to M r Lyonel 
Lyde Merch' in Bristol and by him returned as unmerchantable, It ap- 
pearing to the Board That one hogshead of the said Tobacco Stamped 
with the Mark of Conways Inspection was entirely rotten and unmer- 
chantable occasioned by its being prized in too high Case, and that one 
other Hogshead of Tobacco Stamped at Totuskie Warehouse is for the 
most part small thin Scentless Tobacco, and unfit to have been passed, 
which said two hogsheads of Tobacco being proved to be the same 
Cask and Tobacco Ship'd from the above mentioned Warehouses in the 
Richmond of Bristol and returned hither by the same Ship by the 
Affidavits of John Washbourn and Josiah Cox Coopers in Bristol and 
certified by the Mayor of the said City, It is the Opinion of this Board 
and accordingly Ordered that unless John Roy late Inspector at Con- 
ways and Thomas Right Belfeild late Inspector at Totuskie do justifie 
themselves as to their part in passing the saidTobacco they be forthwith 
removed from the Office they now hold as Inspectors and in Case the 
persons concerned in passing the said Tobacco as well those already 
removed as those yet emploied do not immediately make satisfaction 
for the Damage M r Lyde has sustained thereby the Bonds given by 
them respectively for the due Discharge of their Office be put in Suit 

A Complaint having been made against Townsend Dade and John 
Washington Gent Inspectors at Boyd's Hole for irregular passing of 
Tobacco, after the time limited by Act of Assembly for that purpose ; 
They were this day heard at the Board, and upon their shewing suf- 
ficient Cause of Excuse It is Ordered that they be continued in the 
same Office. 

Several Petitions for Land were read & granted as follows Viz* 

To William Byrd Esq r three thousand Acres in Brunswick County 
begining at the Dividing Line between this Colony and North Carolina 
upon Sugar Tree Creek and running down the said Creek til it empty's 
it self into Hico-otomony thence down Hico-Otomony to the Mouth 
of it to make up that Quantity in one or more Surveys 

And one thousand Acres more in the Fork of Roanoke in Bruns- 
wick County runing up from the point of the said Fork up both the 
North & South Branch of the River to include that Quantity 

To Anthony Hoggat, John Cosby, Thomas Walker, John Phelps & 
Joseph Dabbs Six thousand Acres on the Southside of James River 



312 Executive Journals, Councils of Colonial Virginia 

begining on the South Fork of Willis's Creek at a small Beaver Pond 
above the Mountains, including all the Land between the South and 
Main fork and Branches of Appomattox, to compleat that Quantity 
and two thousand acres more on the South side James River on State 
Run or great Creek, begining on a large branch on the South side of 
the Creek & runing on both sides the same, formerly known by the Name 
of Cap Holman's Entry 

To Richard Jones two thousand Acres on the lower side of West's 
Creek, including his several Entrys already made in Prince George 
County 

To Samuel Temple five hundred Acres adjoining to the Lands 
whereon he now lives, on the North side of Warwick Swamp in Prince 
George County 

To Thomas Haynes Gent twenty five hundred Acres in Prince 
George County including the Land purchased by the Pet r from Stephen 
Eavans, & Theophilus Feilds on both sides Stony Creek 

To John Hall two thousand acres on the North side Meherrin 
River including his Land already granted him in Brunswick County 

To Francis Bressie twelve hundred Acres lying between the Lines 
of Henry Maynard Isham Eppes W m Browder, Fra Eppes Edward 
Smith & Thomas Hudson between Gravely Run and Stony Creek on 
both sides Sapony Road in Prince George County 

To Daniel Johnson Eight hundred Acres on the North side James 
River, binding on the Lines of David Min Thomas Bolloco, Henry 
Webb, Thomas Friend & Richard Dean in Goochland County 

To Drury Stith Gent, two thousand Acres on the South side of 
Allen's Creek & on the second Fork thereof in Brunswick County 

To Daniel Stoner fifteen hundred Acres adjoining to his Land al- 
ready surveyed at great Guinea in Goochland County begining on John 
Bostock's Line, and runing such Courses on both sides of the Creek 
as will include that Quantity and that he may have an Inclusive Patent 
for the whole 

To John Ragland one thousand Acres lying between the Lines of 
Richard Harris, John Hudson, himself & others in Hanover County, 
and that he may have an Inclusive Patent for the same with two hundred 
Acres purchased by the Pet r of Thomas Denton 

To James Watson Eleven hundred Acres lying on the Branches 
of Harris's Creek adjoining to Clough's line in Hanover County and 
that he may have an Inclusive patent for the same with four hundred 
Acres already patented by the Petitioner 

To Thomas Nunnelly six hundred Acres on the South side of 
Stoney Creek in Prince George County 

To John Ragland one thousand Acres in Hanover County lying on 
Poor Creek on the North side the Southanna adjoining to the Lands of 
Robert Netherland John Smething Francis Smething, John Woodey & 
Col° Nich° Merriweather 

To Feild Jefferson Eight hundred Acres lying between Knibs and 
Flatt Creek in Prince George County 



Executive Journals, Councils of Colonial Virginia 313 

To George Marchbanks one thousand Acres on the South side 
Appomattox River in Prince George County 

To William Russel one thousand Acres in Prince George County- 
including his other Land on the second Swamp of Black Water 

To John Williamson one thousand Acres in Henrico County ad- 
joining to his Land already Patented begining on the Ufnam Brooke of 
Chikahominy Swamp thence down the said Brooke to the Nothern 
Branch thence up the said Branch to the Lines of John Watson thence 
on his Lines to the Lines of William Patman thence on Patman's Lines 
to the Lines of Henry Stokes thence on the Lines of the said Stokes 
to the Lines of John Langford thence on his Lines to the Lines of the 
said Williamson thence on his Lines to the Lines of Price and so to the 
said Ufnam Brook to include that Quantity and to have an Inclusive 
Patent for the same with his other Land thereto adjoining 

To Isham Randolph Gent fifteen hundred Acres lying between the 
Lines of Joseph Jackson, Leonard Ballow, Thomas Carter, John Boiling, 
Walter Clopton, Thomas Ballow & Tarleton Fleming, and that he may 
have an Inclusive Patent for the same with the Land purchased of 
Joseph Badly Thomas Pleasants and Thomas Friend lying on the North 
side of James River on the Branches thereof and the Branches of Lick- 
ing hole Creek als Treasurers Run and binding on the Lines of Daniel 
Johnston in Goochland County 

To Thomas Neal one thousand Acres of Land in the Beaver Pond 
of Deep Creek in Prince George County 

On the Petition of John Smith & Sarah his Wife, John Darracott 
and Cecelia his Wife, James Massey William Massy, Thomas Pinch- 
back & Elizabeth his Wife Mary Massy and Thomas Massy Devisees 
of Thomas Massy late of the County of New Kent dec d , seting forth, 
That the said Thomas having sometime before his Death taken up & 
surveyed four thousand Acres of Land lying on the little Bird in the 
County of Goochland, and returned the Plan thereof with the Rights 
into the Secretarys Office, and supposing that the patent for the same 
had been then pass'd in due form, on the 12 th day of January 1731 made 
his last Will & Testament, and thereby did devise to the Petitioners 
the said four thousand Acres of Land in Fee simple in the Proportions 
following Viz 1 To the said James Massy five hundred Acres, To Wil- 
liam Massy one Thousand Acres, To each of his Daughters Eliz a Pinch- 
back Sarah Smith Cicelia Darracott and Mary Massy five hundred 
Acres and the pet 1 " Thomas Massy his Nephew five hundred Acres the 
residue of the said Tract, That after the Decease of the Testator it 
came to be discovered that the Patent for the said Tract of Land was 
not signed, 'til some daies after his Death ; And praying that for avoid- 
ing any Disputes that may arise touching their Title to the said Lands, 
They may be allowed to divide the said Tract, and to sue out separate 
Patents for their respective shares thereof according to the Will of the 
Testator It is thereupon Ordered that leave be given to the Pet" upon 
there surrendering the Patent granted the said Dec d Thomas Massy to 
divide the said four thousand Acres and to take out Distinct Patents 
for their respective Shares divised to them, according to the Prayer of 
their Petition. 



314 Executive Journals, Councils of Colonial Virginia 

Nov r 2 d 1733 

Present 

The Governour 

M r Com 7 Blair John Grymes 

William Byrd John Custis 

Cole Digges Wil Randolph 

John Robinson John Tayloe & 

Thomas Lee Esq" 

The following Warrants on the Receiver General to be paid out of 
His Majestys Revenues was this day signed by the Governor in Council 

Viz* out of the 2s per hh d & c 

To the Governor half a years Salary end* 25 th of 

Oct r Last £1000,,—,,— 

To the Gentlemen of His Majesty's Council for the 

same time 175,, — , 

To the Judges & Officers of the Court of Oyer 

& Terminer 100,, — , 

To the Auditor Gen 1 of the plantation's }4 years 

Sallary 50,,- 

To the Solicitor Gen 1 of the Virginia Affairs for 

the same time 50„ — 

To the Attorney General for the same time 20,, — 

To the Clerk of the Council for the same time. . . . 50,, — 

To the Ministers attending last General Court. . . . 4,, — 

To the Armourer ]/ 2 Years Sallary 6„ — , 

To the Gunners of the several Batteries for the 

same time 20,, — 

To William Prentis for sundry Repairs ab* the 

Govern 3 House 43,, 1„ 9^4 

To the same for Contingent Charges & sundry Ex- 
presses 440,, 6„ \ l / 2 

To Col Alexander Spotswood in full of his De- 
mands for his Services & Expences in the 
Treaty with the Northern Indians pursuant 

to His Majesty's Warrant 936„12, — 

And out of the Quit Rents 

To M r Com 7 Blair ]/ 2 Year's Salary end* the 25 th 

October 50„ — „ — 

To the Attorney General for the same time 30„ — „ — 

The Account of His Majesty's Revenue of 2s per hh d port Duties 
& Head money ending the 25 th of October last being Examined by the 
Deputy Auditor was this day laid before the Governor and Council 
by His Majestys Receiver General who made Oath thereto and the 
same was certified by the Governor as usual 



Executive Journals, Councils of Colonial Virginia 315 

On the application of the Officers of His Majestys Revenue Ordered 
that they be impowered to issue a number of Rights not exceeding the 
value of five hundred Pounds Sterl to be disposed to such persons as 
shall have Occasion to take Grants of His Majestys Lands 

On the application of the Ex rs of the last Will & Testament of 
Philip Ludwell Esq r dec d praying the approbation of this Board for the 
Manumiting of Johnathan Pearse a Slave belonging to the Estate of the 
said decd in Consideration of his faithful Services as well before as 
since the Death of his said Master, and of his having delivered to them 
one other Slave pursuant to a Clause in the said Will of the Testator 
impowering them to exchange any of his Slaves on Consideration of 
the Premises This Board do approve of the said Johnathan's being 
Manumitted & set free, of which all Persons whom it may concern are 
hereby required to take Notice 

Ordered 

That a New Commission of the Peace issue for Brunswick County 
and that Thomas Wilson and William Haywood Gent be added to the 
present Justices in the said Commission 

At a Council held at the Capitol Dec r 12 th 1733 

Present 

The Governor 

M r Com 7 Blair John Custis 

Cole Digges Wil Randolph 

John Robinson John Tayloe 

John Grymes Phil Lightfoot & 

Wil Dandridge Thomas Lee Esq" 

Ordered 

That the General Assembly be further Prorogued to Thursday the 
XIV th day of May next, and that a Proclamation be prepared and issued 
accordingly. 

Joseph Norfleet is appointed an Inspector at Lawrence's Warehouse 
in the room of Nicholas Parker, who for Neglect of his Duty is removed 
from that Office. 

On reading at the Board a Letter from Col° Nicholas Smith of the 
County of King George, complaining of M r Richard Booker one of 
the Inspectors at Roys and Gibson's Warehouses for Misdemeanours in 
his Office, and the Certificate produced under the hands of the principal 
Inhabitants of the Counties of King George & Caroline, testifying that 
the said Richard Booker is not only a Person well qualified for that 
Office, but diligent & impartial in the Discharge thereof, It is the Opinion 
of this Board that the said Booker be Continued in his Office notwith- 
standing the said Complaint 

On hearing this day at the Board the Subject matter of the Com- 
plaint of Charles Grymes Gent against Thomas Samford together with 
what was alledged in behalf of the said Samford It is the Opinion of 



316 Executive Journals, Councils of Colonial Virginia 

this Board that he be not removed from his said Office until it shall 
appear that he hath misbehaved himself therein 

Present 
John Carter Esq r 

William Beverly Gent having entered a Caveat for Stopping a 
Patent sued out by Jacob Stover for a Tract of Land lying on both 
sides Sherrando River, and in the second Fork thereof, On hearing the 
Parties by their Council It is the Opinion of this Board and accordingly 
Ordered That a Patent be granted the said Stover For y e Tract of Land 
in dispute, pursuant to the grant thereof made to him in the year 1730, 
and that the said Caveat be set aside 

On hearing the Matter in Dispute between James Petillo and Sarah 
Archer Widdow of Roger Archer dec d for Land in the County of Prince 
George surveyed for the said Petillo, It is Ordered that the said Petillo 
have a Patent for the whole Tract of Land surveyed for him including 
the Plantation in dispute he paying to Elizabeth the Daughter of the 
said Archer the Sum of Five pounds Current Money in Consideration 
of the Improvements made thereon 

James Skelton having entered a Caveat for stopping a Patent sued 
out by John Bacon Gent for Land in Hanover County found to Es- 
cheat to His Majesty from Philip Livermore dec d , On hearing this 
day the Parties by their Council, It appearing that the said Skelton was 
the first that discovered the said Land to be escheated, and hath already 
obtained a Patent for the same as the Land of Barbara Livermore, hath 
the most equitable pretention to His Majesty's Favour And it is there- 
fore Ordered that his title thereto be Confirmed by allowing him to sue 
out a new Patent upon the Inquisition now returned whereby the same 
is now found to Escheat from Philip Livermore 

For the better ascertaining the Limits of the Districts of South 
Potowmack and Rappahannock It is Ordered That the Indian Creek 
which Divides The County's of Lancaster & Northumberland be here- 
after accounted & taken as Part of the District of Potowmack and that 
all Vessels trading there, for the Future do enter & clear with the 
Officers of the said District 

Ordered 

That M r Elliot M r McCarty & M r Waddy be added to the present 
Commissioners for the directing the Building & repairing the Ware- 
houses in the County of Westmorland 

Sundry Petitions for leave to take up Land were this day read and 
granted as follows Viz' 

< To Arthur Hopkins Gent two thousand Acres in Goochland County 
begining on Col° Martin's Line on the great Bird Creek thence to Ber- 
ringer's Tract & extending on both sides that Tract to Gum Creek and 
the Branches of the Round about and down in the dry Branch of the 
Bird to include that Quantity 

To Henry Wood Gent three thousand Acres in Goochland Count 
in one or more Surveys begining a Mile below the Line of Robert Adams 



Executive Journals, Councils of Colonial Virginia 317 

and William Adkins on Mychuck Creek runing into the Northside of 
the North Branch of James River 

To Stephen Hughes and Tarleton Fleming Six thousand Acres in 
Goochland County on both sides of Willis's Creek and between the Lines 
of Col° Benjamin Harrison, M r William Mayo James Cunningham Jacob 
Winfry, George Briggs and M r Henry Cary including four hundred 
Acres already surveyed for the Petitioners 

To William Richards one thousand Acres upon the West side of 
Gravelly Run on Edmund Browden's Line in Prince George County 

To John Hall two thousand Acres adjoining to the petitioner's land 
purchased of Daniel Hicks on the South Side of Meherrin River in 
Brunswick County 

To Joshua Fry on thousand Acres on the West side of his patented 
Land in S' Mark's Parish (formerly S. George's) in Spotsylvania 
County with Leave to take out an Inclusive Patent for the whole 

To Thomas Carr three thousand Acres in the Fork of the North 
Fork of James River above the little Mountains adjoining to the 
Petitioner's former Surveys in Hanover County including Eight hun- 
dred Acres already surveyed for the Petitioner 

To Joseph Dabbs and Thomas Walker twenty five hundred Acres 
begining on Randolph's Creek on the upper side of Willis's Creek thence 
on both sides the said Creek including Eight hundred Acres already 
survey'd for the Petitioners in Goochland county 

To Stephen Gill one thousand Acres lying between the Second 
Branch and West Branch of Swift Creek in Henrico County 

To Joseph Wilkinson one thousand Acres adjoining to his former 
Survey, and along the Lines of Benjamin Ward & extending up and 
over the Branches of Nebb's Creek to include that Quantity 

To Daniel Sturdivant & James Sturdivant Eight hundred Acres 
between the Main Deep Creek, and the Seller Fork thereof in the 
County of Prince George to include four hundred Acres formerly 
granted Daniel Sturdivant one of the Petitioners 

On the Petition of Samuel Cobbs representing that sometime ago 
he obtained an Order of this Board for four thousand Acres of Land 
lying on the Southside of Swift's Creek in Henrico County in the Year 
1724 for Benjamin Bradly & Joshua Gee of London Merchants & 
others, and by them deserted, and having now obtained the Original 
Survey of the said Land from the Person who survey'd the same pray- 
ing he may have a patent granted him according to the Bounds described 
therein without being obliged to Resurvey the Same ; It is Ordered that 
a Patent be granted him according to the Prayer of his said Petition 



318 Executive Journals, Councils of Colonial Virginia 

At a Council held at the Capitol the XXIII April 1734 

Present 

The Governor 

Cole Digges Wil Randolph 

John Robinson John Tayloe 

John Grymes Phil Lightfoot & 

Thomas Lee Esq" 

On reading this day at the Board a Memorial of John Colvil 
Francis Awbry Dennis McCarty and Richard Osbourn Gen 1 four of 
His Majesty's Justices of the Peace for the County of Prince William 
complaining of Divers Misdemeanors & Irregular Practices of John 
Mercer an Attorney in the said Court, and praying Redress therein 
It is Ordered (that for the more speedy Enquiry into the truth of the 
Matters contain'd in the said Complaint) John Tayloe & Thomas Lee 
Esq" do meet at the House of Henry Fitzhugh Esq r In Stafford 
County on Munday the XIII of May next and there in Conjunction 
with any other Member of His Majesty's Council who shall think fit 
to be present, take the Examination of all such Witnesses as either the 
Complainants or the said John Mercer shall desire to be sworn and 
Examined in relation to the Premises so as such Examination do not 
Extend to any Offence or Misbehaviour preceeding the time of the 
said Mercer's being Lycensed to practice as an Attorney, And it is 
further Ordered that all Persons who shall be served with this Order 
to appear as Witnesses for either party at the time and place aforesaid 
do accordingly give their attendance ; and that the Clerk of Stafford 
County do also attend to take the said Examinations, And to the End 
the Complainants may be the better enabled to prosecute their Charge, 
The Clerk of the County of Prince William is hereby directed to permit 
the Compl ts to have access to the Records of the said Court, and the 
s d Clerk is also Ordered to Attend the Commissioners appointed to take 
the aforesaid Examinations, and to bring with him as well the Record 
Book of the Orders and Judgments of the said Court as the Minute 
Book of the Orders since the time the said Mercer was sworn an At- 
torney there, and after the Examination of the Witnesses on both sides 
are finished The said Commissioners are to make Return thereof to the 
Council Office and the Parties heard thereon at the Court of Oyer and 
Terminer held in June next 

Present 

M r Corn 7 Blair, William Byrd & John Custis Esq" 

On reading a Petition from the Inhabitants on the North West side 
the Blew Ridge of Mountains, praying that some persons may be ap- 
pointed as Magistrates to determine Differences and punish Offenders in 
regard the Petitioners live far remote from any of the established 
Counties within the Colony It is the Opinion of the Council that Joost 



Executive Journals, Councils of Colonial Virginia 319 

Hyte, Morgan Morgan, John Smith Benjamin Bourden and George 
Hobson be appointed Justices within the Limits aforesaid, and that they 
be added to the Com 11 of the Peace for the County of Spotsylvania, until 
there be a sufficient Number of Inhabitants on the North West side 
of the said Mountains to make a County of itself, But that the Perons 
above named be not Oblidged to give their Attendance as Justices of the 
Court of the County of Spotsylvania 

A Petition of the Inhabitants on Sherrando River in behalf of 
themselves & others intending to settle there praying that an Address 
may be made to His Majesty to remit to the s d Inhabitants the Quit 
Rents of their Lands for a Tern not Exceeding Twelve Years as an 
Encouragement for the more speedy peopleing that remote place of this 
Dominion; and 

Also a Petition of Vincent Pearse William Allen & Charles Chis- 
well Gent in behalf of themselves & others praying a Grant of Sixty 
Thousand Acres of Land on the West side the River Cohungorooton 
and bounding Notherly on the East & West Lines of the Proprietors 
of Pensylvania were severally read at the Board, and thereupon it was 
resolved that Application be made to His Majesty for removing all 
Obstructions to the Settlement of that part of the Country & for grant- 
ing such Temporary Exemptions and Encouragements to such of His 
Majesty's Subjects, and forreign Protestants as shall come to inhabit 
there, as His Majesty shall judge most proper for the speedy Settlement 
of that Frontier And a further Consideration of the said last mentioned 
Petition is postponed 

The Governor was pleas'd to Nominate & appoint the following 
Persons to be Sherifs the ensuing Year Viz* 

For the County of 

Norfolk Matthew Godfrey 

Isle of Wight Thomas Gale 

Richmond Leroy Griffin 

Nancemond Thomas Godwin 

James City William Marrable 

King & Queen John Camm 

Charles City Edward Broadnax 

Caroline Walter Chiles 

Stafford Phil Alexander 

King William Henry Webber 

Prince George John Beard 

Prince William Joseph Hudnall 

Northampton John Stratton 

Goochland George Paine 

Surry Thomas Avant 

York Franc 8 Hayward 

Brunswick George Walton 

Middlesex Armistead Churchill 

Hannover David Crafford 

Lancaster Hugh Brent 



320 Executive Journals, Councils of Colonial Virginia 

Ordered 

That a New Commission of the Peace issue for the County of 
Charles City, and that John Minns Ju r James Eppes & Francis Dance 
be added to the present Justices in the said Commission 

Ordered 

That a new Commission of the Peace issue for the County of 
Lancaster, and that John Heal, Joseph Heal William Tayloe Joseph 
Chinn, Joseph Carter, & William Steptoe Gent be added to the present 
Justices in the said Commission 

Ordered 

That a New Commission of the Peace issue for the County's of 
Middlesex & Richmond, and that a greater Number of Justices be added 
to the Quorum in the said Commissions respectively 

Ordered 

That a new Commission of the Peace issue for the County of 
Prince George, and that Richard Jones & Charles Irby Gent be added 
to the present Justices in the said Commission 

Ordered 

That a new Commission of the Peace issue for the County of 
James City & that the Quorum be enlarged & that Abraham Nicholas & 
William Prentiss^ be added to the present justices in the s d Comission 

Ordered 

That the General Assembly be further prorogued to the fourth 
Thursday in August next, & then to Meet to proceed on Business 

Whereas Richard Booker, was upon Complaint of Sundry In- 
habitants of King George County removed from his Office of Inspector 
at Roy's & Gibson's Warehouses, and it appearing that the Complainants 
were misinformed, and are now desirous to have him restored. It is 
Ordered he be restored accordingly. 

His Majesty's Warrant countersigned by the Right Hon bIe the 
Lords Com" of His Majesty's Treasury & bearing Date the 16 th day of 
December 1733 was this day read at the Board appointing an aditional 
Salary of £250 per annum to the Members of His Majesty's Council 
to commence from the 25 th of October last, and also confirming to the 
Adjutant for the time being the Sall ary of £150 per annum and directing 
the payment of the arrears thereof, And also Confirming the allowance 
of five and 5/8 per C to the Receiver General for Enabling him to 
remitt by Bills of Exchange the Money he is oblidged to Receive for 
His Majesty's Quit Rents And it is Ordered that His Majesty's said 
Warrant be entered on the Council Books 

The Govern' was pleased to acquaint the Council that since their 
meeting last December William Craddock one of the Inspectors at 
Williams's Warehouse & John Roy one of the Inspect" at Roys & 
Gibson's Warehouses are dead & that he had appointed James Quarles 
in the room of the former & John Roy the younger in the room of the 
latter. 

A Warrant for an additional Salary of £40 per annum to be paid 
to His Majesty's Attorney General was produced at the Board & Read, 
and Ordered to be Lodged with the Receiver General of His Majestys 
Revenues 



Executive Journals, Councils of Colonial Virginia 321 



April 30 th 1734 

Present 

The Governor 

M r Com y Blair John Custis 

W m Byrd William Randolph 

Cole Digges John Tayloe 

John Robinson Phil Light foot & 

John Carter Thomas Lee Esq" 

Ordered 

That M r Henry Fleet be appointed Coroner for the County of 
Lancaster 

On Reading of a Letter from M r Robert Brooke Surveyor of the 
Lands on Sherrando River, It is ordered That the said Robert Brooke 
do prepare a Map of the Lands lying on the said River and attend this 
Board with the same at the next Court of Oyer and Terminer for the 
better Explaining what is contained in the said Letter. 

Whereas the Sallary allowed to the Gunner at York is judged too 
small & disproportioned to his Service it is Ordered that forty Shillings 
Sterling Per Ann be aded to his former Salary and paid him for the 
Future 

The Account of Contingent Charges for the last half Year, and 
also the Acount for Reparations about the Governors House to the 
25 tn Instant, were this day regulated, and allowed. 

A Petition of Thomas Nelson and other Creditors of William 
Major a Prisoner in the Public Goal was read & ordered to be referr'd 
'till his Majestys Pleasure be known concerning him 

May 4 th 1734 

Present 

The Governor 

M r Com y Blair John Custis 

William Byrd Wil Randolph 

Cole Digges Phil Lightfoot & 

Thomas Lee Esq" 

The following Warrants on the Receiver General to be paid out of 
His Majesty's Revenues were this Day signed by the Governor in Coun- 
cil Viz* 

out of the 2s per hh d & c 

To the Governor half a years Salary end g 25 th April 

1734 £1000,,—,,— 

To the Gent" of the Council j/ 2 years Salary end 8 the 

same time 300,, — „ — 



322 Executive Journals, Councils of Colonial Virginia 

To the Judges & Officers of the Court of Oyer & 

Terminer held in Dec r last 100,,- 

To the Auditor Gen 1 half a year's Salary as above . . 50„- 

To the Soll r of the Virg" Affairs for the same time . . 50„- 

To the Kings Att y General for the same time 60„- 

To the Clerk of the Council for the same time 50„ — , 

To the Ministers for their Attend" last Gen 1 Court . . 4„- 

To the Armourer y 2 Years Salary 6,, — , 

To the Gunners of the several Batteries 20„ — , 

To W m Prentis for Repairs ab l the Governors House. 79„13, 

To sundry Contingent Charges 401,, 1, 

To the Adjutants Salary from 25 th Oct r 1732 to the 

25 th April 225,,— „- 

And out of the Quit Rents 

To M r Com y Blair half a Years Salary 50„ — „ — 

To the Att y General half a Years Salary 43„ 6„ 8 

The Account of His Majesty's Revenue of 2s per hh d ending the 
25 th of April last, being examined by the Auditor was sworn to by the 
Receiver General, and Certified by the Governor as Usual 

Eliz" Major the Wife of William Major now a Prisoner in the 
public Goal, and reprieved until His Majestys Pleasure be signified 
having by her Petition represented the ill State of Her said Husband's 
Health occasioned by his long Confinement, and that his Life is in 
Eminent Danger unless he can be removed to a better Air, Which 
Allegations being confirmed by the Report of Physicians It is the 
Opinion of this Board and accordingly Ordered That the said William 
Major be enlarged out of Prison for the Recovery of His Health upon 
his entring into Bond with good & Sufficient Security to render his 
Body to the s d Goal whenever the same shall be required 

Charles Whitfeild of Leverpoole Mariner representing to this 
Board that he hath lately built in Elizabeth River a Ship called the 
Goodwin for Ace 8 of divers Merchants resideing at the said Port of 
Leverpoole and that he speedily expects the Rigging and tackle for 
fiting the said ship to be sent into this Colony and Landed at Hampton 
by a Vessel bound up the Bay to Maryland, and praying that the said 
Rigging & takle may be allowed to be landed without obliging the 
Vessel importing the same to make an Entry or to pay the Port Duties, 
This Board taking the same into Consideration, and judging the desire 
of the Pet r to be reasonable hath Ordered as it is hereby Ordered That 
the Tackle & Rigging of the said Ship Goodwin be allowed to be landed 
by Permit without obliging the Master of the Vesel importing the 
same to make an Entry or charging any other Fees or Dues than for 
the Permitt only Provided no Goods or Merchandizes be landed out of 
such Vessel other than the Tackle & Rigging of the Ship aforesaid. 

Jesse de la Monteny Master of a Sloop belonging to Maryland 
having put in to Hampton to repair his said Vessel being very leaky, 
and finding since that she is incapable of performing the intended 



Executive Journals, Councils of Colonial Virginia 323 



Voiage, has been Oblidged to dispose of her Lading of Indian Corn, 
On his Petition, he hath Liberty to depart on his return to Mary Land 
without paying the Port Duties or other Fees at the said Port of which 
the Officers of the said Port are to take Notice & to Conform themselves 
accordingly 

Robert Turner having been Examined and reported qualifyed on 
his Petition hath Lycence granted him to practice as an Attorney at 
the County Courts 

On the application of John Simmons Gent in behalf of himself and 
other Inhabitants of Isle of Wight County, Wednesday next following 
the Court of Oyer & Terminer in June next is appointed for hearing 
the said Inhabitants and the Justices of the said County on the Subject 
Matter of their Petition formerly Exhibited to this Board touching the 
fixing a Place near the Center of the County for holding their Courts 

On the Petition of Richard Meux Son and Heir of John Meux 
late of the County of New Kent dec d Leave is granted him to sue out 
an Inclusive patent for seven hundred Acres of Marsh and sunken 
Grounds in the said County two hundred thereof being granted to the 
said John Meux by Patent & 500 surveyed by him in his Lifetime ac- 
cording to the Piatt & Certificate annexed to the said Petition 

Sundry Petitions for leave to enter for & Survey uncultivated Land 
were read & granted as follows Viz 1 

To William Moore one thousand Acres in Prince George County 
at the Indian Swamp & joining to the County Line thence to Warico 
Branch & John Floyds Line in the Fork of Beasely Branch and the said 
Indian Swamp to compleat the said Quantity 

To William Chamberlayne Anthony Hoggat & Joseph Dabbs six 
thousand Acres in Goochland County adjoining to the Land entered for 
by the said Hoggat and Dabbs, John Cosby Thomas Walker and John 
Phelps, and extending along the back of that Tract Southerly and 
Westerly to and upon Appomattox River to Compieat that Quantity 

To George Reeves Eighteen hundred Acres of Land adjoining to 
his own lands lying on both sides the Cherry Orchard Branch of Jones 
Hole runing along the County line Richad Hills line, Cutbert Wil- 
liamson's line, and Richard Carlisles Line in Surry County and that 
he may have an inclusive patent to Compleat that Quantity. 

To Isham Randolph Three Thousand acres of Land to joyn in 
one patent lying Contigious part purchased and part lately Surveyed 
in Goochland County 

To William Blockly one thousand acres of Land begining at Wil- 
liam Sammons's Corner Tree a Little below the flatt Rock on Wagner 
Creek and down the said Creek as it meanders until it joyns Williams's 
line and along his line to marked Trees out into the Woods to take its 
Breadth joyning round the said Sammons's Marked Trees to Compleat 
the Quantity in Brunswick County with liberty to include in one patent 
the Said Land with the Tract lately purchased by him of William Symes. 

To John Richardson one Thousand acres of Land in one or more 
Surveys on Appomattox River begining at M r Townses Line and Ex- 
tending up to Sandy River to Compleat that Quantity in Prince George 
County 



324 Executive Journals, Councils of Colonial Virginia 



To Richard Bland an Inclusive Patent for Six hundred acres of 
Land adjoining to and including his Patented Land in Meherrin River 
in the Isle of Weight County. 

To Edward Broadnax 1500 Acres of Land on the South Side 
Roanoke River begining at the mouth of Grassy Creek runing up and 
down the river to Compleat that Quantity in Brunswick County. 

Richard Cocke Gent Setting forth that about fourteen years ago 
there was Surveyed for one Amos Lad 300 acres of Land on Beverdam 
Creek in Henrico now in Goochland County that soon after the said 
Survey the said Amos Lad entred into agreement with Richard Cocke 
the Pet" father to Convey the said Land to him as soon as a patent 
Cou'd be obtained for the same which the said Ladd undertook to sue 
out in a very short time and according Executed a Bond to the Peti- 
tioners father to perfect the said Conveyance and soon after the Peti- 
tioners father departed this life having first made his last Will and 
Testament and thereby devised the said 300 acres of Land to the Peti- 
tioner but the Survey having been made by Francis Eppes Gent Sur- 
veyor of Henrico County and the Rights lodged in his Hands in order 
to obtain that Patent the said Eppes has possessed himself of the afore- 
said 300 acres of Land and tho the petitioner has often demanded the 
said Survey and Rights to be delivered to him since his Coming of age 
Yet he cou'd never obtain the same and praying that the said Francis 
Eppes shou'd be summoned to appear before this Board to shew Cause 
why he detained the said survey and Rights and that the Petitioner 
may be releived in the premises it is accordingly ordered that the said 
Francis Eppes be summoned to answer the said Petition at the Council 
to be held on Wednesday next following the Court of Oyer and 
Terminer in June next. 

At a Council held at the Capitol the 12 ,h June 1734 

Present 

The honourable William Gooch Esq r Lieu' Governor. 

M r Comissary Blair William Dandridge 

William Byrd John Custis 

Cole Digges William Randolph 

John Robinson John Tayloe 

John Carter Philip Lightfoot 

John Grymes Thomas Lee & 
George Pheney Esq" 

Pursuant to a Warrant under the Sign Manual of the Queens 
Majestie Guardian of the Kingdom bearing date the 31 st of July 1732 
George Phenney Esq r Surveyor General of his Majestyies Customs for 
the Southern District of America having First taken and Subscribed the 
oaths appointed to be taken instead of the oaths of allegeance and 
Supremacy the abjuration oath mentioned in the act of Parliam' made 
in the First year of the Reign of his late Majestie King George the 



Executive Journals, Councils of Colonial Virginia 325 

First and Subscribed the test was Sworne of his Majesties Council and 
took his place accordingly. 

Ordered that M r Wilson Curie and M r George Wray be added to 
the Commission of the Peace for the County of Elizabeth City and that 
a Commission Issue accordingly. 

Ordered that a New Commission of the Peace Issue for the County 
of Isle of Wight that Matthew Kinchin Samuel Daviss and Henry 
Applewight Jun r be added to the present Justices in the said Com- 
mission. 

William Harwood Jun r one of the Inspectors at Denby Warehouse 
desiring to resign that Office M r Thomas Wills is appointed Inspector 
in his Room. 

Joost Hite having made proof of the Seating the Lands convey'd 
to him by John & Isaac Vanmader on the western Side Sherrando River 
by bringing there on to Dwell one Family for Each 1000 acres and also 
part of the Land granted him & Robert Mackay and others thereunto 
adjoining, It is Ordered that Patents be granted to the Several Masters 
of Familys residing there for the Quantitys of Land surveyed for them 
respectively pursuant to the Condition on which the s d Land was First 
taken up and the Surveys now returned into the office. 

On hearing this Day at the Board the matter in dispute Between 
Henry Willis Gent and William Russell touching a Tract of Land 
Lying in Spotsylvania County on the East side of Sherrando River first 
taken up by the said Russell and diverse other his partners in the Year 
1728. It is ordered that unless the said Russell do at the next Court of 
Oyer and Terminer to be held in the month of December produ[c]e 
proper assignments from the Persons who were first Petitioners for the 
said Land and perfect his Survey of the 10000 acres granted him in 
Spotsylvania County as part of the 20000 acres formerly allowed for him 
to Survey on Sherrando River and be ready then to take out his patent 
for the same he be Excluded from all benefit of his Former Grant so far 
as Relates to the Land on the East Side Sherrando River and that the 
Same be granted to the Said Henry Willis and it is Further Ordered 
that the Survey shall not Extend above ten miles up the River from the 
beginning at the mouth of Happy Creek. 

On Consideration of the Petition of Richard Cocke presented to 
this Board the Fourth Day of May Last against Amos Ladd & Francis 
Eppes Gent the said Eppes now appearing being heard It is Ordered 
that he deliver to the petitioner a Piatt and Survey of the 300 acres of 
Land on Beverdam Creek in Goochland County Formerly Surveyed by 
him for the aforementioned Amos Ladd and that upon the Petitioners 
producing Rights he have a Patent granted him For the same. 



326 Executive Journals, Councils of Colonial Virginia 



At a Council held at the Capitol the 12 th Day of June 1734 

Present 
The Governour in Council 

On hearing this Day the matter in dispute Between Robert Mackay 
Joost Hite and others their partners and William Russell touching the 
right to Certain Lands on Sherrando River Claimed By the said Russell 
and included within a Grant made to the said Mackay and Hite for 
100000 acres It is ordered that M r Rob 4 Brooke do Survey the Ten 
Thousand acres of Land Granted the said Russell in the Fork of Sher- 
rando so as the said survey do not Extend nearer to the said Robert 
McKay's present Settlem* then one mile nor above Ten miles along the 
River from his begining place at the mouth of the Fork, and if within 
these bounds he cannot have the aforesaid Quantity of Ten Thousand 
acres that then the Survey be extended back in a Straight Course from 
the River towards the north Branch to Compleat the Same And for as 
much as during the Dispute Between the said partys the Settlement of 
that Tract Granted to McKay and Hite hath been obstructed Further 
time is hereby allowed them & their partners until Christmas 1735 to 
Comply with the Terms of their grant and in the meantime they may 
proceed to Survey the Same. 

On the Petition of Susannah Carner late the wife of Matton for 
setting aside the Caveat entered by Thomas Jefferson against her patent 
for the Land of the Said Matton upon her paying her proportionable 
part of the Charges of suing the Escheat of the said Lands It is ordered 
that upon her paying to the said Jefferson Six Pounds for her propor- 
tion of the said Charges or depositing that Sum in the Secretary's Of- 
fice in case he refuses to accept thereof a Patent be granted her for 
that part of her late husbands Land in her possession. 

Francis Berkley humbly representing to this Board that in Sep- 
tember 1728 he obtained a Patent for 1000 acres of Land in Spotsyl- 
vania County but upon resurveying the Same hath discover'd that by 
a mistake of the Surveyor the Courses mentioned in the Said patent 
differ From the Courses mark'd upon the Land in that the Second 
Course which in the said Patent is mentioned to Run North 15 Degrees 
West ought to have been South 15 Degrees East according to the 
marked line and the other Courses run upon the Land to Include the 
quantity Granted him and praying that he may have a new Patent for 
rectifying the said mistake It is accordingly Ordered that a new 
patent be granted the said Berkley conformable to the true Courses of 
his Survey and the Certificate of the Present Surveyor of Spotsylvania 
County 

On the Petition of Henry Willis Gent leave is granted him to take 
up 10000 acres of Land in Spotsylvania County Begining at the mouth 
of Happy Creek on the Line of the Land of William Russell and Run- 
ning Northerly Between Sherrando River and the mountains to Com- 
pleat that Quantity. 



Executive Journals, Councils of Colonial Virginia 327 

On the Petition of William Beverly and Robert Brooke Leave is 
granted them to take up 4000 acres of Land in Spotsylvania County 
joining to the Land of Charles Burgess Deceased and the great Moun- 
tains. 

Whereas it hath been represented to this Board that Samuel Isaac 
Jun r and Thomas Williams have made it their practice for Some time 
past to Steal Horses and Comitt other Robbery's among the Inhabitants 
lately Settled on Sherrando River and after Such Robbery's Committed 
Find means to conceal themselves in the Countys of Prince William 
and Spotsylvania It is Ordered that a Reward of Five Pounds Current 
money be given to any Person or Persons who shall apprehend Either 
of them the said Isaac or Williams so as he or they be brought to Justice. 

Whereas a barbarous Murder was Sometime Since Committed in 
Spotsylvania County by Some of the Northern Indians and there being 
just Cause to suspect that the same was done by the Indians of the 
Nation of the Coonays under the Government of Pensylvania The 
Governor is requested to write to the Governor of that province to 
Enquire into the Truth of the Fact and to use his authority for deliver- 
ing up the murderers that they may be punish'd for the Said Crime. 

June 13 th 1734 

Present 

The Governor 

M r Comissary Blair William Dandridge 

William Byrd John Custis 

Cole Digges William Randolph 

John Robinson John Tayloe 

John Carter Philip Light foot & 

John Grymes Thomas Lee Esq" 

Whereas it appears to this Board that Burr Harrison Collector of 
the Levies and other public dues in the County of Prince William hath 
Exacted from diverse of the Inhabitants the 20 per Cent allowed them 
by law for paying the said Levys and Dues by Inspectors Notes under 
pretence that the Same were paid after the Tenth Day of April It is 
Ordered that the Said Burr Harrison do forthwith repay to the Several 
agreived Persons the Tobacco he hath exacted of them on pain of being 
prosecuted for his Said offence. 

Ordered 

That there be paid to Major Robert Brooke for his Trouble in 
preparing a Map of the Lands on the West Side Sherrando River and 
attending to inform this Board of the Settlements made thereon the 
Sum of Ten Guineas out of his Majesty's Revenue of 2s per hogshead 
& c. 

On reading at the Board a Petition of Richard Wood in behalf 
of William Williamson an Infant setting forth that Joseph Williamson 
Father of the said William Entered for and Surveyed 300 acres of Land 



328 Executive Journals, Councils of Colonial Virginia 

in the County of Henrico but before he cou'd obtain a Patent for the 
Same became depriv'd of his senses and is now maintained by the said 
Richard Wood at his Charge having nothing of his own whereon to 
Subsist and the said Richard proposing to keep the said Idiot for the 
Space of Four Years if he so long live upon Condition that the said 300 
Acres of Land be granted the said William Williamson his son who 
would be Entituled thereto as heir at Law if the patent had been taken 
out before the time of the Father's Idiousy this Board taking the said 
Petition into Consideration & judging the same reasonable It is there- 
upon Ordered that a Patent be granted in the name of the Said William 
Williamson for the said Tract of Land according to the prayer of the 
above Petition. 

On hearing this Day at the Board the matter of Complaint of John 
Colvil Dennis McCarty and others Justices of the Peace for the County 
of Prince William against John Mercer Attorney in the Court of that 
County the Several Depositions taken in behalf of Each party being 
read & diverse Witnesses on both sides being Examined and the parties 
heard by their Council and it appearing to this Board that the said John 
Mercer has bin guilty of divers undue and unjust practices It is 
therefore ordered that he be Suspended from practicing as an attorney 
in any Court of this Dominion for the Space of Six months and that 
thereafter he Continue so Suspended until he obtain a new Licence. 

June 14 th 1734 

Present 
The Governor 

M r Commissary Blair William Dandridge 

William Byrd John Custis 

John Carter William Randolph & 

John Grymes Thomas Lee Esq" 

Joseph Hudnall who was appointed Sheriff of the County of 
Prince William not having given Security for the Execution of the said 
Office Jeremiah Brinnaugh Gent is appointed in his stead to be sheriff 
of the said County for the Ensuing Year. 

Thomas Parrott having Entered a Caveat and preferred a Petition 
for stopping a Patent sued out by John Tabb Gent for Land in Bruns- 
wick County It is Ordered that it be referred to Col° Robert Boiling 
to take the Depositions of such persons as either of the Party's shall 
desire and make return of his proceedings to the Council Office before 
the next Court of Oyer and Terminer. 

On the Petition of Arthur Mosely setting forth that he obtained 
an Order of this Board for an Inclusive patent for 900 acres of Land 
at a place call'd Butterwood Swamp in Henrico County part of which 
is already patented but upon his applying to the Surveyor of Henrico 
County to join the two platts to avoid any mistake in describing the 
Bounds he refused the same because part of the Land therein mentioned 



Executive Journals, Councils of Colonial Virginia 329 

is now in Goochland County It is Ordered upon the Prayer of the 
Petitioner that either of the Surveyors of Goochland or Henrico Countys 
do prepare a platt according to the Bounds described in the patent and 
the Survey of the adjacent Tract of New Land and upon return thereof 
into the Secretarys Office the Petitioner to have an Inclusive Patent for 
the whole. 

On the Petition of Thomas Ravenscraft Gent Leave is granted him 
to take up the 10000 acres of Land Formerly granted him in Brunswick 
County in one or more Distinct Surveys as he shall Find Convenient. 

On the Petition of Charles Hudson and Michael Holland Assignee 
of Jonathan Crutchley Leave is granted them to Survey in distinct 
Tracts their proportion of 6000 acres of Land lying on Ivey Creek in 
the County of Goochland Formerly taken up by leave from this Board 
by the said Hudson & Crutchley and Charles Linch and the Surveyor 
of Goochland County is to lay out the Same accordingly. 

Sundry petitions for Land were read and granted as Follows vizt. 

To John Hall 2000 Acres Contigous to a Plantation of his pur- 
chased of Daniel Hicks on the South Side of Meherrin River in the 
County of Brunswick. 

To Joseph Granger 1000 Acres on the Beaver pound Branch of 
Deep Creek beginning at Robert Taylors Corner tree runing down the 
said Taylors line to M r Crawley and Neals for the quantity in Prince 
George County. 

To Matthew Jouet 2214 Acres in Hanover County Lying on North 
East Creek and on both Sides the Southanna, 1074 acres being already 
Patented and the rest new Land with leave to Sue out an inclusive 
Patent for the whole. 

To Nicholas Davis leave to have an Inclusive Patent for 1500 acres 
lying on the East Side Muddy Creek on the South Side James already 
Surveyed for Joseph Mayo and 400 acres of Land bought of William 
Bradly joining to the said Mayo's Survey and 500 acres of waste Land 
Between the lines of Ashford Hughes Richard Powell Bowler Cocke 
and the Said Mayo's Survey in Goochland County. 

To James Vaughan 1000 acres in Goochland County Bounding on 
William Holliday on the South Side Wallaces Creek upon bares branch. 

To James Vaughan 5000 acres in Brunswick County begining on 
the South Side of Appomattox River upon a branch Four or Five miles 
below Vaughans Creek runing up the said Branch to the said Creek to 
Compleat the Quantity. 

To James Allen Thomas Anderson and Charles Anderson to in- 
clude in one Survey 4000 acres in Goochland County already Entered 
for on great guinea Creek begining on Wamocks line runing down- 
wards on the licking Hole Branches and to Capt. Stoners Lines thence 
up the aforesaid Creek and Branches of Appamattox River to include 
the Quantity. 

To Thomas Williams 1500 acres on the South Side Hatches Run 
in Prince George County joining to William Mayo's & James Hudsons 
lines. 



330 Executive Journals, Councils of Colonial Virginia 

To William Moore 1000 acres in Prince George County lying on 
the County line at the Indian Swamp then to Warricoi branch to John 
Floyds line thence into the Fork of Beasleys Branch thence up the said 
Branch and Indian Swamp for Complement. 

To George Rives 1000 acres in Prince George County on the North 
Side of James Holes Swamp on the Cherry Orchard Branch begining 
on the County line thence to Richard Blands line thence binding on 
Cuthbert Williamson's line Richard Hills Richard Carliles John Jen- 
nings and his own line. 

To Richard Randolph, John Boiling & William Kennon 10,000 
acres in Brunswick County begining Five mile below the great Swamp 
on little Roanoke runing ten mile up the said River including the Land 
on both Sides the Said River to be Laid out in one or more Tracts. 

To Peter Jefferson to have three Surveys lying on the North Side 
of North River begining at the Secretary's Ford the north Side the 
First Ledge of Mountains and Runing down the River and back to the 
Secretarys line in Goochland County to be included in one patent. 

To James Watson 1100 acres including 400 old patented Land and 
the rest new Land in Hanover County. 

To Charles Lynch 1000 acres in Goochland County joining the land 
of John Carter Esq r & the Lands of Charles Hudson at prospect & the 
Land of the said Hudson on Hardiware River. 

To John Tally 1200 acres on the upper Side Deep Creek to include 
Several Surveys in Prince George County. 

At a Council held the 5 th Day of September 1734 

Present 

The Governor 

M r Comissary Blair John Grymes 

William Byrd John Custis 

Cole Digges William Randolph 

John Robinson Philip Lightfoot 

John Carter Thomas Lee & 

George Phenny Esq" 

Thomas Green having been appointed during the indisposition of 
Hancock Lee to be Inspector at Fredericksburg. 

Ordered 

That he be paid Ten Pounds for his Service 

Ordered 

That S r John Randolph, M r Lewis Burwell M r William Armistead, 
M r John Smith and M r Thomas Booth Jun r be added to the Commission 
of Peace for Gloucester County and that M r Lewis Burwell be last in 
the Quoram and that a Commission Issue accordingly. 

A Letter from Patrick Gordon Esq r Governor of the Province of 
Pensylvania and dated the Tenth Instant was read Signifying that the 
Conai Indians had in Conferrence with him denyed their being any way 



Executive Journals, Councils of Colonial Virginia 331 

concerned in the Murther Committed in Spotsylvania County and it is 
ordered that Further Enquiry be made into the Circumstances and time 
of the said Murder. 

The Cherikee Indians having Sent to the Governor by William 
Bellew, an Indian Trader a Copy of the agreements Concluded by the 
Lords Commissioners of Trade and their Deputys with a Message 
desiring Leave to trade here It is the opinion of the Council that it is 
for the Public Service and benefit of the Colony to preserve the Friend- 
ship of the Said Indians and therefore that all due Encouragment be 
given them to continue a Trade with this Colony. 

Ordered 

That M r John Wall Charles King John Duke William McCain and 
Nicholas Lancer Justices of Brunswick County be Sumoned to attend 
this Board on this Day Fortnight to answer their Contempt in refusing 
to Swear the Sherriff and breaking up the Court without doing any 
business. 

Whereas Thomas Harton has been missing for Some months past 
and upon information that one of the Nottoway Indians Killed him and 
that his Brother and a woman threw him into M r John Simmons Mill 
dam and thereupon the parties accused have been Committed to Goal 
and it appearing that the Woman taken up is not the Person guilty, 
Ordered that She be discharged out of Prison and that the Wife of the 
Supposed Offender be sent for in Custody in order to her tryal, and 
that John Simmons do drain his Mill Dam for the better discovery 
of the said Murder. 

Ordered 

That M r Charles Carter be added to the Comission of the peace 
for King George County and be put next to M r Thornton in the said 
Comission. 

Ordered 

A New Commission of the peace be Issued for the County of 
Westmorland and that William Fairfax Esq r be added to the Quoram. 

Ordered 

A New Comission of the Peace Issue for Richmond and that Lan- 
den Carter be put in the Quoram and Gilbert Hamilton and William 
Finchly Jun r be added to the Present Justices. 

September the 12 th 1734 

Present 

The Governor 

M r Comissary Blair John Grymes 

William Byrd John Custis 

John Robinson Philip Lightfoot & 

John Carter Thomas Lee Esq" 

Complaint being made to this Board of diverse abuses Committed 
by M r Andrews Inspector at Guilford Warehouse ordered that the Said 



332 Executive Journals, Councils of Colonial Virginia 



Andrews be Summoned to attend this Board to answer the Said Com- 
plaint and that M r Snead and M r Rew have notice to attend to testifie 
what they know Concerning the Same. 

Ordered 

That Robert Read of Gwins Island attend this Board Forthwith 
to declare what he knows Concerning the Inspectors at Roys and Gib- 
sons Warehouses Stamping Tobacco Contrary to their Duty and the 
Directions of the Act of Assembly. 

Whereas upon hearing the Subject matter of the Petition of the 
Inhabitants of Isle of Wight County, on the South Side Black water 
River together with the allegations of the Justices and others of the said 
County, Inhabiting on James River, and the parts adjoining to the 
present Court House it hath been fully made appear to this Board, that 
the present Court House for the said County is most inconveniently 
situated for the far greater part of the People. 

It is therefore Ordered by the Consent of all Parties that for the 
future Ease of the Inhabitants the Justices of Isle Wight cause a New 
Court House to be Erected and built on the Land of Joseph Godwinns, 
Commonly called Joseph Godwinn of Barrets Neck on the North Side 
Blackwater River, near the place called Quinny's Bridge and that as 
soon as the said Court House shall be Erected and Finished the Court 
for the said County be Constantly held there and the Former Court 
House disused and discontinued. 

September the 14 th 1734 

Present 

The Governor 

M r Comissary Blair John Grymes 

William Byrd John Custis 

John Robinson Philip Light foot 

John Carter Thomas Lee & 

George Phenney Esq" 

The Governor was pleased to lay before the Council a Letter from 
Allured Pople Esq r Secretary to the Right Honoble the Lords Com- 
missioners for Trade Signifying their Lordshipps pleasure that the 
Governor Should transmit his opinion what new product and manufators 
or Naval Stores may be produced in this Colony beneficial to the Trade 
of Great Britain and what Encouragment may be proper to be given 
to the Inhabitants for applying themselves to the making thereof which 
Letter being read the Council are Humbly of opinion that besides Pitch 
Tarr and Turpentine (For which a bounty is already allowed) Hemp, 
Flax, and Iron may be produced here in good Quantities if a Suitable 
Premiem were allowed on the Importation thereof into Great Britain 
to Enable the People concerned therein to defray the Freight the Charge 
of which has hitherto proved a great discouragm' to the making Such 
Quantities as otherwise might have been produced here. 



Executive Journals, Councils of Colonial Virginia 333 

Upon the Application of the officers of his Majesty's Revenue 
Ordered that a Further Number of Rights not Exceeding the value of 
Five Hundred Pounds Sterling be Issued for Supply the People who 
may be desirous to take up his Majesties Lands 

Ordered — That twelve Small Guns about three Hundred Each 
be sent for to be placed on the Battery at York Town and that the three 
Last Volums of the Statutes at Large together with twelve Common 
Prayer Books for the use of the Council be provided and paid for out 
of his Majesties Revenue of 2s per Hogshead and that his Majesties 
Receiver General take care the Same be done accordingly. 

September the 20 th 1734 

Present 

The Governor 

M r Comissary Blair John Custis 

Cole Digges William Randolph 

John Robinson John Tayloe 

John Carter Philip Lightfoot 

John Grymes Thomas Lee & 

George Phenney Esq" 

M r John Wall and the other Justices of Brunswick County accord- 
ing to the order of the Fifth Instant this day attended the Board and 
were Examined and heard Concerning their behavior upon presenting 
the Last Commission of the peace and it appearing that the disputes 
that have risen among the Justices of the said County have been 
occasioned by admitting into the Commission Some Persons lately 
recommended against the Inclinations of the Major Part of the Bench 
for removing all Further Contests It is ordered that a New Commis- 
sion of the peace Issue for the said County and that the Persons objected 
against be left out of the Said Commission. 

Ordered. That a new Commission of the Peace Issue for New 
Kent and that William Chamberlayne Charles Massey and John Doran 
be removed From Acting as Justices in the said County and that Daniel 
Custis Gent be added to the Quoram in the Said Commission. 

Whereas for the better discovering the Muder of Thomas Harton 
It was directed by this Board that John Simmons Gent Shou'd drain the 
water out of his Mill Dam where the Body of the Said Harton was 
Suggested to be thrown, and Whereas in pursuance of the Said Order 
the Said Mill Dam hath been drain'd and the Body of the Deceased 
found. It is Ordered that for a Recompence to the Said Simmons for 
the Loss of the profitts of his Mill there be paid him the Sum of Tenn 
Pounds Current Money out of his Majesties Revenue and placed among 
the Contingent Charges of the Government. 



334 Executive Journals, Councils of Colonial Virginia 

September the 21 st 1734 

Present 

The Governor 

M r Comissary Blair John Custis 

Cole Digges William Randolph 

John Robinson John Tayloe 

John Carter Philip Light foot