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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
April 05, 1726 - April 13, 1726
Volume 02, Pages 608-624

[B. P. R. O. Proprieties. B. T. Vol. XII. R. 101.]
THE JOURNAL OF THE LOWER HOUSE OF ASSEMBLY MET IN APRIL 1726.


North Carolina—ss.
Att a Genll Biennial Assembly held att Edenton the 5th Aprll 1726 the following Members meet att the Usuall Place at Queen Annes Creek in Chowan precinct according to Adjournment.

Geo: Burrington Esqre Majr Henry Bonner, Majr Cullem Pollock Capt. Wm Downing, Mr Edmd Porter, Mr Joseph Jessop, Mr Samll Swann, Mr Chas: Deningin, Mr McCory Scarbro, Mr Robt Morgan, Mr James Winright, Mr Gabrl Burnham, Capt. Josph Sanderson Mr Rd Church, Mr Jno: Woodhouse Mr Jno. Baptiste Cushe,∗ Doctr Patrick Maule, Mr Isah Hill. Mr James Castellaw, Mr Tho: Parris

Robt Route Esqre lay'd before the House the following returns

For Chowan Geo: Burrington Esqre, Edmd Porter, Cullem Pollock, Wm Downing, Henry Bonner.

Pequimans—Joseph Jessop, Samll Phelps, Mr Thos: Speight, Samll Swann, Chas: Denman—Pasquotank. Tho: Swann. McCory Scarbro, Jams Winright, Gabrll Burnham, Robt Morgan—Currytuck—Rich: Church, Henry Woodhouse, Jno: Woodhouse Jno: Etheridge, Jos: Sanderson,—Bertie—Wm Maule, Arthr Goffe, James Castellaw, Isah Hill—Edenton—Tho: Parris—Beaufort—Jno: Baptiste Cushe,∗ Josh Porter—Carteret Knock Ward—Coll: Maurice Moore

Adjourned till tomorrow morning 8 a Clock.


Wednesday the 6th Aprill.

The House mett according to Adjournmnt present as yesterday with Mr Samll Phelps Representative for Pequimans Precinct.

Maurice Moore Esqr being chosen Speaker by this House at their last meeting & upon his not Appearing at this meeting Mr Jno Bap: Cushe1 &

-------------------- page 609 --------------------
Mr Jams Winright were sent to the Upper House to Desire their Directions to chose another Speaker in his room returned, & the following Message was brought from the Upper House.

Gent:

This House having Notice that you are Incorporated require your Imediate Attendance to receive Directions for your Choice of a Speaker.

by order
J. LOVICK, Clk Assbly

Accordingly the House Attended & received the Directions of the Upper House to return & chose their Speaker.

And upon their return the House chose Nemine Contradicente Jno Baptiste Esqre Speaker.

Sent the following Message to the Upper House.

To Sr Rd Everard Barrt Governr etc, & the Members of the Council being the Upper House of Assbly

May it please your Honr

This House has Chose their Speaker & are ready to present him to your Honrs

per Order of the House
RObt HICKS, Clk Dom Com

Sent per Mr Downing
& Mr Pollock.

The following Message is brought from the Upper House.

Gent:

This House is now Sitting & ready to receive the person made Choice of for your Speaker.

per Order
J. LOVICK, Clk Assbly

Accordingly the House attended & presented Jno Baptiste Cushe Speaker to whom the Governor made the following Speech.

Gent of the Council, Mr Speaker & Gentlemn of the House of Burgesses.

I meet you now with pleasure not questioning but that you come with minds truely disposed to do every thing that may Conduce to the welfare & happyness of this Province & to show you Gentlemen I sincerely wish it I most Solemnly Declare that nothing on my part shall be wanting to make it as Flourishing a Province as any of our Neighbours in America.

Mr Speaker the Chiefest thing I shall Recommend to you is to Consider & Dispatch of Such Busyness as is for the imediate Service of the

-------------------- page 610 --------------------
Country, that you go on in all your Proceedings in Love & Friendship Remembering always that our Constitution is a Simile of a Human Body & its Members, if one is out of order all other parts suffer so the Constitution of this Government consists in me as your Governor Deputed by the Lords Proprs their Council & you Gentlemen of the House of Burgesses, this makes our Constitution & if any Difference arise amongst us, of which I hope there's no probability let us Diligently Apply ourselves to make up & heal all Breaches, live in Love & Charity one with another which make our Country flourish & ourselves happy now & hereafter.

And upon their return sent the following Message to the Upper House.

To the Honble the Governr & Council being the Upper House of Assembly.

May it please your Honrs

This House is ready to receive Such Members of your House as shall be appointed at their Qualification.

per Order of the House.
R. HICKS Cl Dom Com

Sent per Majr Bonner & Mr Porter.

Coll. Edwd Moseley & Edmd Gale Esqre came from the Upper House & were present at the Qualification of the Members of this House.

Robt Hicks Clerk, Jno Falconar Messenger, & Hill Savage Doorkeeper to this House took & Subscribed the Several Oaths & Test by Law appointed for their qualification.

Resolved that no Member or Officer of this House upon any Debate which may happen therein Disclose the same or the Purport thereof to any Persons not Members thereof & that upon Proof made of such Discourse or Discovery this House will proceed to expel Such Person the House if a Member, & to Inflict such Punishment on any Officer that shall make such Discovery as is usual on such occasions.

Adjourn'd till 2 a Clock afternoon.

The House mett according to Adjournment & sent the following Message to the Upper House.

May it please your Honrs

This House Desires some Members of your House may be sent to be present at the Qualification of a Member of this House not yett Qualify'd.

per Order of the House
R. HICKS Cl Dom Com

Sent per Mr Jessop & Mr Phelphs.

-------------------- page 611 --------------------

Resolv'd that the whole House be a Comitte of Propositions & Grievances & for preparing an answer to the Governors Speech & that the same be prepared by to morrow 3 a Clock afternoon.

Adjourn'd till tomorrow morning 8 a Clock.


Thursday the 7th Aprile.

The House mett according to adjournmt Coll Edwd Moseley & Edmd Gale Esqre Came from the Upper House & were present at the Qualification of Mr Rd Groves a Representative for Craven Precinct.

Adjourn'd till tomorrow 8 a Clock.


Friday the 8th Aprile.

The House mett according to Adjournmt

Read the Petition of Robt Loyd Complaining of an undue Election & Returne for Edenton.

Resolv'd that this House will proceed thereon as a Comittee of the whole House, & accordingly the House adjourn'd themselves into a Comittee of the whole House & proceeded thereon Mr Tho: Paris being heard in his Place.

Mr Chas: Denman Chairman of the Comittee made Report to the House the following Resolutions of the Comittee.

That Mr Robt Loyd is duely elected by Majority of Votes a Burgess for Edenton.

Read the Petition of Tho: Lowther & Robt Peyton Complaining of an undue Election & returne for Currytuck which is referr'd till the meeting of the next Sessions of Assembly

Resolv'd that Mr Robt Loyd is Duely elected by Majority of Votes as Burgess for Edenton

Upon the Petition of Lewis Thomas Ord that he be Levy free by reason of Age & Disability.

Adjourn'd till 2 a Clock afternoon.

The House Mett according to Adjournment.

Read the Petition of Josh Platt, the Same is referr'd to Consideration of the Upper House

Motion being made whether or not the Powder money accruing by Vessells coming into Currytuck shall be appropriated for Pilottage at Currytuck Inlett Carry'd in the Affirmative

Resolv'd that all the Powder money accruing by Vessells coming into Currytuck be appropriated for the Beaconing & staking out the Channell at Currytuck Inlett.

Ordr to be sent to the upper House for their Concurrence

-------------------- page 612 --------------------

Read the Petition of Dr Tho: Bailey which is referr'd to a further Consideration.

This House is Adjourn'd into a Committee of the whole House & Mr Jam: Winright appointed Chairman

Resolv'd that the Comittee have power to send for Persons, Books, Papers & Records & Examine Evidences on Oath.

Adjoun'd till Munday morning 10 a Clock.


Munday the 11th Aprill

The House mett according to adjournmt & sent the following Message to the Upper House.

May it please your Honr

This house Desires some Members of your House may be sent to be present at the Qualification of some Members of this House not yet Qualify'd

per Ordr of the House
R. HICKS Cl Dom Com

Sent per Mr Swann
& Mr Denman.

This House is adjourn'd into Comittee of the whole House for Examining the Accots of the Receivers of the —— Powder Money.

Mr Chas: Denman Chairman of the Comittee made Report to the House—Vizt

That upon Examining the Accts of Mr John Baptiste Cushe Receiver of the Powder Money for Port Bath Commencing from the 21st of December 1723 & Ending the 22nd Janry 172⅚ And there Appears to be due to the Publick the sum of One hundred Sixty Six Pounds Sixteen Shillings & two Pence which was paid into this House & three shillings & ten pence over And was Delivered into the hands of Coll: Edwd Moseley Publick Treasurer.

Read the Petition of the Indabitants of the upper parts of Pamlico River, referr'd to the consideration of the Upper House.

Adjourn'd till 2 a Clock afternoon.

The House mett according to adjournment.

Coll. Edwd Moseley & Edm: Gale Esqre came from the Upper House & were present at the Qualification of Mr Jno: Etheridge a Representative for Currytuck & Mr Robt Loyd a Representative for Edenton.

Mr Chas: Denman Chairman of the Comittee for preparing an answer to the Governor's Speech lay'd the same before the House, which was

-------------------- page 613 --------------------
read & approv'd of & Ordr to be sign'd by the Speaker & the House do wait on the Upper House with the same.

To the Honble Sr Richd Everard Barrn etc

The Address of the Lower House of Assbly of North Carolina. We are Extremely Pleased to find by your Honrs Speech your good Intentions to promote the welfare & happiness of this Province & do Assure you of the Sincerity of our minds in Endeavouring the promotion of anything which may conduce thereto.

It must be acknowledged that there are Severale Publick Affairs which have been too long (for what reason we know not) procrastinated which do require imediate Consideration & Dispatch; tho' we can no way accuse our Selves of any delay on this score having been (as we likewise are at this present) at our last Biennial Meeting which we conceive to have been very Legal, ready to fall into any measures which might advance the Interest & Tranquility of this Province. Indeed there seems a very great Necessity of Concerting such Measures at present as may effect the same & remove the General Disquietude & Dissatisfaction the Province at present Labours under. The most effectual means to promote which will be as we conceive laying aside all Specious formalitys of Speech; But in direct Terms to inform you of our Grievances that you may (as we hope you will) Concur with us in redressing them—We conceive the Inhabitants of this Province in General as well as our late Governor Mr Burrington to have been very much Injured by the false & malicious misrepresentation of Severale wicked persons to the Ld Proprs & we hope your Honr being convinced of the Injustice we have had done us in having our Characters so basely traduced will favour us so far as to remove those Assertions by Reporting the Naked Truth to the Proprs

The Exclamations of the Injured & Oppress'd.

Complaining of Oppression, Perversion of Justice, & of the Laws of this Government etc do so fill our Ears that we are obliged to give you a Detail or Catalogue of some of the most material of them—As First Severale worthy Persons, and some Members of this House conceive themselves to be highly Injured by a Practice of some Officers in the Administration of Justice in procuring illegal Grand Jurys Contrary to the Rules proscribed by a Law of this Government on which were often men of Vile & base Characters, with a Designe to Asperse & Villify them, & tho' upon Complaint of the same, made to the Chief Justice & Members of the Court setting forth the practice they pray'd that it might be Inquired into & be timely Detected. Yet they were deny'd the same & the matter

-------------------- page 614 --------------------
was Deferr'd to so long a time as would entirely frustrate any inquiry into the Delinquents having thereby timely Notice to remove, or otherwise to prevent it, this we look upon to be a perversion of Justice, a breach of the laws of this Province, & an Infringement of the Libertys of the People.

Several Persons by reason of such illegal Grand Jurys have been Causelessly Vexed & Presentments being found against them are like to be putt to great Charge & Damage not for doing any unlawful Act, but for only Petitioning (the known right & constant practice of the People of this Governmt) the Assembly for the redress of Grievances, & the Grand Jury in a Particular maner lead to this by a late Charge of the Chief Justice straining as we conceive (if not perverting the Law) on this occasion Endeavouring thereby to Deter & frighten the Inhabitants of this Province from seeking Relief under their Pressures.

Complaint is likewise made unto us of the Attorney General Mr Wm Little his Contrivance to promote on all occasions presentments & Indictments against Persons thereby to put them to great charge with which several Persons being Greatly Terrify'd have been moved to bribe him to drop the Prosecution, which bribes he hath taken or Caused to be taken for him & the Prosecution thereupon have been dropped & Determined, This we look upon as a most Vile Practice not to be suffered in any Governmt being highly injurious & a means of Terrifying and debasing the minds of well Disposed People to a Complyance to such measures as may terminate in the Ruin of this Province. Moreover several worthy Persons, Some of which Members of the House have been most illegally in an Arbitary maner, without Cause com̄itted to Prison & there Detained, & tho' they have demanded Copys of their Comittment, yett they have been refused them. This we take to be a great Infringement of our Libertys as we are Freemen Brittains, to be Contrary to the Great Charter & to that Invaluable Act of Parliament com̄only called the Habeas Corpus Act.

We shall Conclude Assuring your Honrs That we shall as much as in us lies Comply with your Desire not only in Endeavouring to avoid any Differences or breaches, which may happen between what you are pleased to call the Constituent parts of the Constitutions of this Government but also (if any should happen) in a Diligent application to heal them, but give us leave to Pursue your own Simile as there are more Minute parts of the Human body which if neglected might Cause the Destruction of the whole, so in the Government there are officers & others ressembling them who ought not (having made themselves Conspicuous by their

-------------------- page 615 --------------------
Enormitys) to be overlooked but to be brought (if there appear truth in what is Alledged against them) to Condign Punishment least the body Politic Perish.

We shall therefore pray your Honr Concurrence with us in taking such Measures as may Detect such Practices & settle the Peace & Tranquility of this Province.

By Order of the House
JOHN BAPTISTE CUSHE Speaker

Adjourned till tomorrow 8 a Clock.


Tuesday the 12th Aprill.

The House mett according to Adjounment.

Mr Jams Winright Chairman of the Comittee of Grievances made the following Report to the House

Upon a Report made to this House by the Comittee etc That upon a Petition of several Inhabitants of Pasquetank setting forth as a Grievance that Coll: Wm Reed had Contrary to Law pretended to Assume to himself a power to appoint Comissioners Asscess & lay a tax of five shillings per Poll for the year 1724 on the Inhabitants of the Precinct & had accordingly Collected the Same under a pretence of building a Court house in some place unknown notwithstanding the Justices of Pasquetank Precinct had before that (agreable to & in pursuance of a Power Invested in them by a Law of this Province Entitled An Act for Settling Precinct Court Houses) proceeded to agree (& take bond for performance of the Contract) with Several Persons for building a Court House in the sd Precinct on a certain piece of Land—bought of a certain person in the sd Precinct for the use Afsd & had Lodged the sd bond with the sd Reed to be kept for the Use & Behalf of the Precinct afsd Yett so it is that the sd Reed Detaineth & Refuseth to deliver the bond afsd to the proper Persons appointed to put the same in force, & likewise hath by a pretended Power Deputed Com̄issioners who have from the Sheriff or officer taken away the levy lay'd by the sd Justices according to Law for the use afsd & likewise the Levy illegally Collected for the Year pretending to lay out and Dispose of the same as to them shall seem meet, to the Utter hindrance of Carrying on the work the Court House afsd & to the great Grievance & Damage of the Inhabitants of the sd Precinct. Whereupon Coll: Wm Reed being Desired to be present to make his objections against the above Assertions, he appear'd & in general Forms deny'd the truth of all, but upon a Special Examination Confess'd the whole, the report being made to this House It is Resolv'd (Nemine Contradicente) that the above Practices of Wm Reed Esqre and the Comrs afsd are

-------------------- page 616 --------------------
Arbitrary, Illegal & Contrary to the Laws of this Government that the bond in the keeping of the sd Reed (according to his own Confession in this House) ought to be Delivered to the persons duely appointed to putt the same in force, & that the sd Worke of the Court House ought to be done by the Persons bound to do the same pursuant to the Condition of the sd bond. And it is further Resolv'd that Application be made to the Upper House to Concurr with us in proper Measures to redress the afsd Grievances & to Compel the sd Reed to deliver up the bond afsd & to oblige the Pretended Comrs to account for the moneys they have by pretext of any authority whatsoever rec̄d on the sd Account & to pay what was Collected in the year 1723 to the Comssrs appointed by the Court afsd Pursuant to the Act of Assembly afsd to be apply'd to the use afsd & that the pretended Comrs or their Collectors make restitution of what was Collected for the year 1724, or since, to the respective Persons from whom it was illegally taken.

Read the Petition of Jno: Byrd Praying leave to bring in a Bill to Alter Entailed Lands, & to confirm other Lands on the Heirs in Lieu thereof ordered that the Petitioner have leave to bring in a Bill accordingly.

Order'd that Jams Furbush Senr of Pasquetank, John Harris & Jams Thickpen of Pequimans by reason of Age & Infirmity be Discharged from Paying any Levy.

Sent the following Message to the Upper House.

May it please your Honr

This House being Informed that the Governor is Dangerously ill, do acquaint you that they are ready to wait on him when he is disposed with an Answer to his Honrs Speech.

per Order of the House
R. HICKS Cl Dom Com

Mr Wm Badham receiver of the Powder money for Albemarle County Exhibited his Account on Oath to the House & there appearing Four hundred Forty five Pounds nine shillings & two pence due to the Publick—Order'd that he pay the same in to this House. And the sd Badham having in the sd Accot given himself Credit for Twenty two Pounds ten Shillings for Powder & Shotts Delivered to the Governor, the House taking the Same into Consideration did not allow of the Same, but Order'd that he pay the same into this House, which he accordingly paid in being Included in the sd Sum of Four hundred Forty five Pounds Nine Shillings & two Pence.

-------------------- page 617 --------------------

This House taking into Consideration the Frequent Contempts that have been Offered to Assemblys in this Province, which they take to be Owing to the very light or rather no Charge falling on Such Contemptuous Persons on their being Comitted by this House there being no Fees appointed by this House for their officers on such Comittments. It, is therefore Order'd that (to maintaine the authority of & respect due to this House) & to prevent Insults being offer'd thereunto) for the future the officers take these following Fees—Vizt

The Clerk for the Warrants of Comittts Two Pounds. The Messenger for the Caption Five Pounds. The Doorkeeper One Pound. And to the Messenger for keeping every day after Comittment till all the Fees afsd are paid or the party Discharged. by this House One Pound.

This House taking into Consideration the late Prorogation of this Biennial Assembly.

Resolv'd that the sd Prorogation was Arbitrary & illegal, & that the meetings of such of the Members as did meet on the first Munday of November last was right & agreable to the Laws of this Government. And that the Resolutions & Proceedings of the sd Members at their sd meeting be Confirmed by this House.

Mr Burrington moves for Examination into an Imposition of Mr Robt Route on a certain Master of a Vessel pretending to take Forty shillings for Searching his Vessel.

Mr Robt Loy'd moves for Examination into an Imposition of some Persons or Masters of Vessels trading to this Place pretending to take Comptrollers Fees whereas there is no such officer.

Mr Jessop Complained to this House that Sr Richard Everard Contrary to Law Demanded & took of him thirty shillings for a Marriage Licence.

Mr Castellaw is behalf of the Inhabitants of the West Shore in Bertie Precinct moves to this House as a Grievance to be inquired into & redressed, That Jno Morley being appointed Treasurer by Governr Eden lately Deceased for the Collection of the Publick Levys & the afsd Inhabitants Complaining of the hardships of going to the sd Morley's House (in Purpose to Ensnare them) told them that they need not give themselves that trouble for that he would meet them at one Walston's or Williams's on purpose to receive the Levys; by this means he prevented their Payment of the Levys in due time, & then by Vertue of the Act of Assembly then in force made double Distress, to the very great Damage of the sd Inhabitants.

Whereas a Fee of Twenty five shillings for each Pattent was by an Order of Assembly of this Province Confirm'd to the Governor of this

-------------------- page 618 --------------------
Province to Continue till the Biennial Assembly which should be on the first Munday in November in the year 1725. And this House being inform'd that the sd Fee is still taken. Resolv'd that the taking of the same is illegal & that for the future none presume to take the sd Fee, the sd former being now declared Void.

Upon the Petition of Eliza Paynor Praying that her Son Joseph Paynor may be Levy Free by reason of blindness which was Granted.

Mr Wm Badham being called before the House to answer to such Questions as should be demanded of him by the House upon a Mittimus Commanding the Provost Marshal to take into his Custody one John Richard & others & the sd Badham refusing to take an Oath the House Declares the same to be a Contempt of the authority of this House.

It is order'd that the sd Wm Badham be in Custody of the Messenger to this House for his Contempt afsd.

This House taking into Consideration the Petition of John Richard Setting forth that he was Illegally Com̄itted on the 3d of Aprill Inst without any Mittimus to the 4th of Aprill & then he rec̄d a Copy of a Comittment bearing date the 3d of Aprill which he Conceiv'd to be Ante dated. Upon Examination of Mr Robt Route It appears that he had taken the sd Richard & imprison'd him by a Verbal Order from the Chief Justice & had not Obtained a Mittimus till the next day. This House are of opinion that the sd Comittment is Illegal & do therefore Order that the sd Richard be released from his Imprisomt afsd

Mr Wm Badham Receiver of the Powder Money for Albemarle County having lay'd his Accots before the House & the same not Appearing Satisfactory to this House. It is ordered that Mr Williams be receiver of the Powder Money in the room of Wm Badham giving Security for his faithful Discharge of his sd office as is Usual.

The following Address to the Honble Geo: Burrington Esqre being read was Approv'd of & ordered by the House Nemine Contradicente to be Sign'd by the Speaker & Deld to Mr Burrington.

To the Honble George Burrington Esqre
late Govr of this Province

The Address of the Lower House of Assembly mett at Edenton this 12th day of Aprill 1726.

Being at last (tho' with some Difficulty) Qualify'd to proceed in Business for the good of our Country, we think it our Duty when we Consider & Call to mind the many Services & Advantages we receiv'd under your mild Administration to return you our hearty & unfeigned thanks for the Same.

-------------------- page 619 --------------------

We also begg leave to Assure you nothing Surprises or Concerns us more than your Sudden Removal by the Lds Proprs whose Interest notwithstanding the malicious Information of your Enemys everybody knows you had most at heart. We are Informed they reported you Intended a Revolution in this Government as was some years ago in South Carolina, which we presume tho' Notoriously false was the only Motive that induced their Lordps in sending a Gentleman over in so much haste to Superceed you, all which Underhand Practice we hope ere this is Duly Represented to the Proprs by our Agent in England, & the true & Just Accot of the faithful Discharge of your Duty to their Lordships, & Zeal for the promoting the welfare of this their Province, particularly that part of it called Cape Fair, which is like to become a strong Barrier & Security from any Attempts hereafter on our Southern Settlements.

In Consideration of all which & the great trouble & fatigue as well as Charge you have been at for the Service of this Province in General we take leave once more (in the name of the whole Province which we Represent) with all sense of Gratitude & Esteem to return you our sincere thanks, who are

Your most humble & most Obedt Sevts
JNo BAPte CUSHE Speaker.
By Ordr of the House.
Nemine Contradicente.

The following Address to the Lds Proprs being read was Approv'd & Order'd to be Signed by the Speaker & sent to the Lds Proprs

To his Excellency Jno Ld Carteret Palatine & the rest of the true & Absolute Lds Proprs of Carolina.

The Address of the Lower House of Assembly now mett at Edenton this 12th day of Aprill 1726.

We being now a Qualify'd Body do think it necessary to Confirm what we offer'd to your Ldps Consideration in November last by Mr Goffe one of our Agents; Since which (as we then apprehended) we have Sensibly felt the Effects of an Arbitrary as well as a very Corrupt Administration Several Persons of good Distinction having been Illegaly Com̄itted to our Comon Goal without any Reason & there confined & again discharged at pleasure without ever being able to obtain a Copy of their Comittment tho' often demanded, all which as well as many other Abuses & Vile Practices will be lay'd before your Lordships by our Agents Mr Arthr Goffe, Mr Edmd Porter & Nathll Duckenfield Esqre with directions

-------------------- page 620 --------------------
on our behalf to Supplycate your Lordps to a Removal or Suspension of some Averitious Evil minded Person now in the Administration who have been for many years the Comon Disturbers of our Peace & Tranquility, particularly Mr Jno: Lovick Secrety, Chrr Gale, Chief Justice & Wm Little Attorney General.

And if it were your Ldps pleasure we should ever hold it one of the greatest favours to restore us our late Govr George Burrington Esqre, who we beg leave to Assure you (notwithstanding the Malicious Information of his Enemys) has always Appeared Zealous in your Lordps Interest & welfare of this your Province, which Singular marke of your Affection for us will ever be acknowledged in a maner becoming your

Your Ldps
Most humble most Obedt &
most Obliged Servts
JNo BAPte CUSHE Speaker.
By Ordr of the House
Test.
R. Hicks Cl Dom̄. Com̄.

Adjourn'd till to morrow morning 8 a Clock.


Wednesday the 13th Aprill.

The House mett according to Adjournment.

This House upon Motion of some of its Members Setting forth that they Considered the House had proceeded Irregularly in passing an Order for the Releasement of Jno Richard out of Prison he not being a Member nor any ways intituled to the Priviledges of this House, proceeded to take the sd Matter again into their Consideration, & being made sensible of the Error

It is Resolved (tho' it is the Unanimous Opinion of this House that the sd Richard's Imprisonment is Illegal) that the former Order be retracted & Declared Void.

And it is further Ordered that the Present Marshall have notice hereof. Whereupon the sd Marshall being call'd & acquainting this House that he had not Executed the former Order, was Order'd (this House declaring the same Order Void) to take no notice thereof.

The following Message is brought from the Upper House.

Mr Spkr & Gentlemen of the House of Burgesses.

The Honble the Governor's Indisposition not Suffering him to come up to the Council Chamber this House adjourn'd to the Governor's Dwelling, where they are now Sitting & require your Imediate Attendance.

by Order
J. LOVICK. Cl Assbly
-------------------- page 621 --------------------

Coll. Edwd Moseley Publick Treasurer lay'd before the House his own Accot & the Accot of Jam: Robins & Mr Henry Clayton which are Referr'd to a further Consideration.

Upon the Petition of Timo Ives Senr Praying to be Levy free by reason of Age & Disability Order'd that he be Levy free.

Sent the following Message to the Upper House.

May it please your Honr

This House Desires Some Members of your House may be Joyn'd to such Members of this House as shall be appointed for the Inspection of Claims.

Per Ordr of the House
R. HICKS. Cl Dom̄. Com̄.

Sent the following Message to the Upper House.

This House understanding that an Imediate Prorogation was design'd by your House were much Surpriz'd having by Several Messages Desired an opportunity of Answering the Governrs Speech tho' by the hasty Adjournments of your House they were ever prevented. We were in hopes likewise of an Opportunity of laying before your House Several & many Grievances of very great Consequences which if neglected or overlook'd would be of the greatest prejudice to the Country. We hope your Honrs will have the Interest of the Country so much at heart as not to be moved by the Insinuations or persuasions of such who hope thereby to Skreen themselves from Justice, & prevent a Discovery of their Evil Actions, hastily to proceed to Prorogation. That your Honr may be Certify'd that the Grievances we mention are of the highest consequence we take this Method (Since we can obtain no other) by this Message by Mr Jos: Jessop, Mr Edmd Porter, Mr Wm Downing & Maj. Henry Bonner Members of this House of sending you our Address in Answer to the Governor's Speech that Containing some of the Grievances mentioned, tho we have many others likewise to add which we Conceive to require Imediate Redress & hope for your Honrs Concurrence with us in the same.

per Ordr of the House
R. HICKS Cl Dom̄ Com̄.

Mr Wm Williams refusing the Powder Office not thinking himself Qualify'd by Law to Act. Order'd that Mr Sam: Swann be receiver of the Powder Money for Albemarle County Giving Security as is Usual.

-------------------- page 622 --------------------

Ordered that the sum of three hundred fifty nine Pounds be pay'd out of the Money Delivered into this House by Mr Badham for the Defraying the Charges of those Sessions of Assembly & the remainder Delivered to the Publick Treasurer.

There appearing great Cause of Suspicion of Mr Wm Badham his having Prevaricated & having rendered an unfair Accot of the Powder Money for Albemarle County.

It is resolved that further Inspection into the sd Accot be recom̄ended to the next Session of Assembly.

Ordered that the Clerk of this House do Deliver to Mr Edmd Porter all such Copys & Duplicates of the Proceedings of this House as he shall Demand of him, & for which that the sd Clerk be paid the sum of Five Pounds.

The House having pursuant to a Message from the Upper House Attended on the Governor & Council & Prayed an Answer to Several Matters or Grievances of a very great Moment lay'd before them by this House, but recd none only were Informed by the mouth of the Secretary that the Governor & Council had Resolved on a Prorogation, Whereupon the Govr proceeded to pronounce a Prorogation; Which Pronunciation of a Prorogation of this House by the mouth of the Governor without Directing the Speaker thereto,

This House Resolves to be Illegal and Contrary to all Presidents of Parliamentary Proceedings. Notwithstanding this House being return'd the Speaker by Assent of the House Pronounced this House Prorogued to the first Tuesday in Septr next.

A Copy
R. HICKS Cl Dom̄. Com̄

CHARGES OF THE ASSEMBLY INCLUDING THAT IN NOVr LAST WITH ATTENDANCE & COMINGS & GOINGS FROM THE ASSEMBLY.
In the Upper House.
£
s
Sr Rd Everard
13.
days
—6.
10. “
Wm Reed
—19.
—9.
10. “
Chr Gale
—13.
—6.
10. “
Jno Lovick
—19.
—9.
10. “
Edwd Moseley
—13.
—6.
10. “
Thos Harvey
—15.
—7.
10. “
Thos Pollock
—19.
—9.
10. “
Rd Sanderson
—15.
—7.
10. “
-------------------- page 623 --------------------
Henry Clayton
—5.
days
—2.
10. “
Fras Foster
—15.
—7.
10. “
Jno Blount
—4.
—2.
“ “
Rd West
13.
—6.
10. “
Edmd Gale
—13.
—6.
10. “
Secretary
12.
“ “
Messenger
6.
“ “
Doorkeeper
6.
“ “
In the Lower House.
Chowan.
£
s.
Geo: Burrington
—15.
—7.
10. “
Edmd Porter
—15.
—7.
10. “
Henry Bonner
—15
—7.
10. “
Cullen Pollock
—15
—7.
10. “
Edm. Downing
—15
—7.
10. “
Bertie.
Jas: Castellaw
—19.
—9.
10. “
Jsa Hill
—19.
—9.
10. “
Wm Maule
—6.
—3.
Arthr Goffe
—6.
—3.
Perquimans.
Jos. Jessop
—17.
—8.
10. “
Sam: Swann
—17.
—8.
10. “
Cha: Denman
—17.
—8.
10. “
Sam. Phelps
—17.
—8.
10. “
Thos Speight
—5.
—2.
10. “
Edenton.
Tho: Parris
—2.
—1.
“ “
Rd Loyd
—9.
—4.
10. “
Beaufort.
Jno Bapt Cushe
—23.
—11.
10. “
Jos: Porter
—15.
—7.
10 “
Pasquetank.
McCory Scarboro
—19.
—9.
10. “
Rd Morgan
—19.
—9.
10. “
Jas. Winright
—19.
—9.
10. “
Gab. Burnham
—15.
—7.
10. “
Thos Swann
—6.
—3.
“ “
-------------------- page 624 --------------------
Hyde.
Patrk Maule
—15.
days
—7.
10. “
Craven.
Rd Graves
—21.
—10.
10. “
Currytuck.
Jos: Sanderson
—15.
—7.
10. “
Jno: Weedhouse
—15.
—7.
10. “
Rd Church
—15.
—7.
10. “
Jno: Etheridge
—9.
—4.
10. “
Clk
12.
“ “
Extra Writings
5.
“ “
Messenger
6.
“ “
Doorkeeper
6.
“ “
A Copy
R. HICKS Cl Dom̄ Com̄.


———

1 Written so in the “copy” passim. The name is John Baptista Ashe.