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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
April 13, 1731 - May 17, 1731
Volume 03, Pages 285-325

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North Carolina—ss.

A Journal of the Proceedings of the General Assembly of North Carolina began and held at Edenton on Tuesday the 13th Day of April 1731.

MEMBERS RETURNED.
Chowan Prect
Coll: Edward Moseley
Majr Henry Bonner
Collen Pollock Esqrs
Willm Downing Esqrs
John Lovick Esqrs
Pequimans.
Mr Mackrora Scarborough.
Mr Samll Swann.
Mr Richd Skinner
Mr Chars Denman.
Mr Marmak Norfleet.
Pasquitank
Coll: Thos Swann
Mr Gabrl Burnham.
Mr Griffin Jones
Mr Jeremh Symons.
Mr Charles Sayer.
Currituck
Mr John Etheridge
Mr Henry White
Mr Geo: Powers.
Mr Richd Islands.
Bertie
Mr Authr Williams
Mr Jams Castlaw
Coll: Tho: Pollock.
Mr Isaac Hill
Capt. Geo: Winns
Beauford.
Mr Edwd Salter
Mr Sym: Alderson
Hide
Mr Tho: Smith.
Mr Willm Barrow
Craven.
Mr Willie Willson
Mr Evan Jones.
Carteret.
Mr Richd Russell
Mr Josh Bell
Eaden Town.
Mr Willm Williams
Bath Town.
Mr Rogr Kennion.
Newbourn Town.
Mr Walter Lane.

The Members attended on His Excellency the Gover. in the Council Chamber, and were directed by him to chuse their Speaker, and said he

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would be ready to receive him in the Council Chamber at 9 'oth clock tomorrow morning.

The Members returned to their house and chose Edwd Mosely Esqre to be their Speaker.

John Baptista Ashe Esqre one of the members of the Council came to the Table of this House to administer the Oaths for the Quallification of the Members, and imediately Edwd Moseley, Esqr Speaker Majr Henry Bonner John Lovick Esqre Cullen Pollock Esqre Willm Downing Esqre Mr William Williams Mr Mackrora Scarborough, Mr Samll Swann Mr Richd Skinner Mr Char: Denman Mr Marmaduke Norfleet Coll: Tho: Swann Mr Gabrill Burnham Mr Griffin Jones Mr Jeremiah Symons Mr Charles Sayer Mr John Etheridge Capt: Tho: Lowther Mr George Powers Mr Richd Islands Mr Tho: Smith Mr Willm Barrow, Mr Edward Salter Mr Roger Kennion Mr Willm Wilson Mr Joseph Hannis Mr Arthur Williams Mr James Castelaw Coll: Tho: Pollock Mr Isaac Hill Capt: Jno: Winns, took and subscribed the Oaths, made and Subscribed the Declaration by Law appointed for their Quallification in the presence of the said Mr Ashe.

Adjourned to 8 'oth Clock Tomorrow Morning.

Wednesday April 14th

Mett according to adjournment

The House attended the Governor and presented Edwd Moseley Esqre their Speaker, and then the Governor made the following Speech

Gentlemen of the Council and Gentlemen of the House of Burgesses.

His Majesty the King our most Gracious Lord and Master having honoured me by his commission to be Governor of this Province on my arrival here by and with the consent of Council Issued writts for the several precincts and Towns to chuse Burgesses to meet on the 13th of this month I assure you Gentlemen it is a great satisfaction to me that we are now assembled I cannot doubt of your ready complyance in passing such Acts as are required by his Majesty in the 19th 31th 42th 61th 63d 75th 76th & the 114th Articles of my Instructions

Gentlemen

I assure you that I have as much inclination to promote the Welfare of this country now as formerly I expect every member of this Assembly comes here with an Intent to doe everything that may be to the Kings Honour and the Good of North Carolina. I hope we shall behave ourselves

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with so much duty that his Majesty will have pleasure in granting us his Royall Favours when we approach his throne with our Humble Petitions

Gentlemen

There are Several matters absolutely necessary to be settled in this Assembly Particularly how to keep the Bills to the value they ought to pass for; The settlements being so far attended I think it needfull that the Chief Justice with his Assistants should for the ease of the people hold Courts in three different parts of the Province twice a year

That Wills should be proved and Licences given by a proper Officer in every Precinct.

That effectual methods be taken to procure a direct Trade to Europe and the West Indies without which this Country will always continue poor.

To pass an Act for building a Town on Cape Fear River and appointing Commissioners for that purpose.

To appoint an Agent and settle a Salary for transacting the affairs of this Province in England.

Gentlemen of the House of Burgesses.

I am fully sensible how necessary your presence is at this time of the Year on your Respective Plantations therefore will do all in my power to make this a short Session If you judge it necessary depute some of your House to advise with me on any matters you have occasion to debate which may expedite business and prevent Misunderstandings; I recommend to you Unanimity and agreement and that your Debates be carried on with Modesty and good manners

Gentlemen of the Council

I return you my sincere thanks for the readiness you have shown in dispatching all Business that has come before us; Your Demeanour to me has been so full of respect that I am at a loss for words to express the esteem and due regard I have for persons of so great worth and excellent Quallifications.

Gentlemen

My diligence and industry in promoting new Settlements in this Country when Governor for the Proprietors you remember and the happy Effects thereof are known to every man in this Province, that on Cape Fear River began by me Six years past is now the place of the

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greatest Trade in the whole Province. All the Reward I ever received for the Charges necessarily and unavoidably occasioned by that undertaking the losses I suffered and the great Hardships I endured was the thanks of a House of Burgesses

Gentlemen

Your behaviour at this time is of the utmost Consequence to North Carolina it is in your power to make it very happy by cheerfully and willingly performing what is required of you by the Greatest and best King that ever Swaid the British Scepter; Consider you have at this time a Governor that is intirely your Friend and Well Wisher that will joyn his own Interest to Obtain for this Country all that is now, or has any appearance of being for your good; I sincerely desire that your Proceedings may accomplish and perfect all that is wanting to make this Country populous, happy and rich

The Members returned to their House where the Governors Speech was read, also the articles of the Governors Instructions referred to in his Speech.

Ordered. That the Consideration of the Governor's Speech be referred untill tomorrow morning.

Mr Williams delivered to the House his Majesties Commission to the Governor for the perusal of the members and the Satisfaction of the House the Same was publickly read, and a Copy thereof that was Delivered by Mr Williams being examined and corrected

Ordered. That the Same be Kept among the Papers belonging to the House and an Entry thereof in the Journal book and that the Original Commission be delivered to the Governor by the Members of Chowan Precinct with the thanks of the House.

The House made choice of Christr Becket to be dore keeper and John Nairne to be messenger of this House.

Ordered. That Mr John Lacky late Clerk of this House, do forthwith deliver at the Table of this House, all the Journals and Papers belonging to the General Assembly

The House proceeded to enquire into controverted Elections and Returns, and resolved that any Member of the House as is a Magistrate may give an Oath if thought necessary for the better discovering the Truth concerning such elections.

On examining the Several returns for Newbern it appeared to the House that Mr Walter Lane was elected for that town

Ordered That the name of Joseph Hannis inserted in the return of the writ be erased and the name of Walter Lane inserted

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Ordered That Mr Benjamin Peyton the Marshall of Bath County do cause John Rogers his Deputy to attend this House on the 26th day of this month or sooner if it may be.

Read the Petition of Mr Patrick Complaining of an undue return of a member for Bath Town.

Ordered. That Mr Benjamin Peyton do cause his Deputy Jno Collisson to attend this House the 26th day of this month or sooner if it may be.

Adjourn'd to 3 'oth Clock afternoon

Met according to adjournment.

The Members of Clowan precinct reported to the House that they waited on the Governor at his House and delivered him the Commission.

The House made choice of Mr Williams to be Clerk of the General Assembly

Ordered. That the said Mr Williams do give sufficient security in the sum of 20001 Currancy of this Province for the faithfull Discharge of his Office the preserving and safe keeping the Journals and papers belonging to the house and his delivering them to the Table of the house when required.

Ordered. That the Original Deed of Grant from the true and absolute Lords Proprietors of Carolina, to the inhabitants of the County of Albemarle dated in the year 1668 which was lodged by a former Order of Assembly in the hands of George Sanderson Esqre be laid before the house a Monday next

Read the Petition of Mr Thomas Lowther as Burgess for Currituck Precinct; on which the House Examined Otho Holland the Marshall of Currituck and after the matter had been fully debated.

Resolved. That Mr Lowther was not duly elected.

Ordered. That a Writt do issue for electing a Member for Currituck Precinct in the room of Mr Lowther.

It appearing to this House that Otho Holland hath misbehaved himself in the Said Election it is Ordered: That the Messenger do take the Said Holland into Custody so as he have him before this House tomorrow.

Read the petition of Joseph Hannis complaining of an undue Election and return of Mr Walter Lane as Burgesse for Newbern.

Ordered that the said Petition be referred untill the Deputy Marshall of Cravan Precinct do attend the House.

Mr White, Mr Jones, Mr Alderson, Mr Lane, Mr Rustall and Mr Bell, Members of this House Mr Ayliffe Williams Clerk Christopher Becket

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Dore Keeper and John Nairne Messenger, took the Oaths made and subscribed the Declaration by Law appointed at the Table of this House before Cornelius Harnett Esqre a member of the Council.

Adjourn'd to 8 'oth clock tomorrow morning.

Thursday April 15th

Met according to adjournment.

Mr Ayliffe Williams Clerk of this House produced His Excellency the Governors Certificate in these Words vizt

I do hereby certify that Ayliffe Williams Gentleman Clerk of the Assembly within this Province, hath this day given security in the Sum of five hundred Pound sterling for his Said Office which Bond is lodged with me.

GEO: BURRINGTON

Which was endorsed by Natha Rice Esqre Secretary of the Province in these Words.

I do hereby certify that the within mentioned Bond is lodged in the Secretarys office of this Province April 15th 1731.

NATH RICE Secretary

Ordered That the same Certificate do remain with the Speaker.

The House directed the Governors Speech to be read. Whereupon it was Resolved that an address to his Excellency the Governor be prepared, giving him the thanks of this House for his kind Speech to this Assembly and to acquaint him that this House will Proceed to consider the several paragraphs thereof as soon as the same can conveniently be done.

Ordered. That Mr William Downing, Mr Charles Denman, Coll: Thomas Swann, Mr John Etheridge Coll: Thomas Pollock, Mr Thomas Smith, Mr William Williams and Mr Walter Lane be a Committe for preparing the said address and that the Same be laid before the House tomorrow.

Sundry Books and papers belonging to the House were delivered at the table by John Leaky said to be the Same as was lodged at Mr Westbeer's.

Ordered: That the same members who were present at their being removed from Mr Westbeer's do Examine the same, and report to the House whither the same are all that were lodged there.

Adjourned to 8 'oth clock tomorrow morning.

Friday April 16th

Met according to adjournment.

Ordered. That John Lovick Esqre Coll: Cullen Pollock and Mr James Castelaw be a Committe for preparing a Bill for the Ease of the People

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of this Province—relating to the Probat of Wills granting marriage Licences and other things.

Read The humble Pettition of Esua Albertson, and other Petitions of Merchants and Owners of Vessels in Beauford and Hide in reguard to their Hardships in paying such large Fees to the Officers of the Ports in this Province.

Resolved. That this House will resolve itself into a Committe of the whole House on Monday Morning next to consider of those and all other Grievances as shall come before this House.

Read The Petition of Grievances of the upper Inhabitants of Chowan Precinct also the Petition of Watkin Price.

Ordered. That the said Petitions be referred to the Comitte a Munday next

Adjourned to 3 'oth Clock in the afternoon.

Met according to Adjournment.

Otho Holland appeared at the Barr of this House according to order and made an humble acknowledgement of his Fault, humbly prayeth to be discharged.

Ordered. That he be discharged paying his Fees

Mr Dawning reported from the Committe for drawing up an address to his Excellency the Governor which was read and after several amendments made.

Ordered. That the same be engrossed and that this House will wait on his Excellency with the same Tomorrow.

Adjourned to 8 'oth Clock Tomorrow Morning.

Saturday April 17th

Met according to Adjournment

Ordered: That the Publick Treasurer accounts and all others concerned with Publick moneys be laid before this House a Wednesday next.

Ordered. That a Bill be prepared for the more easy Administration of Justice to the Inhabitants in the Remote parts of this Government.

The Address to the Governor in Answer to his Speech was read in the House and consented to.

Ordered. That Mr Isaac Hill, and Mr Arthur Williams do wait on the Governour and acquaint him that this House is ready to attend with their address in answer to his Speech, they waited on the Governor and reported to this House that the Governor informed them their House was adjourned till Monday Morning.

Adjourned to 9 'oth clock Monday Morning.

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Monday April 18th

Met according to adjournment.

Ordered. That the address of this House in answer to the Governors Speech be referred to further time for the Delivery.

Ordered. That the Articles of the Governors Instructions laid before this House be referred to the Committe appointed to draw up an address to the Governor.

Mr Swann delivered at this Table the Original Deed of Grant from the Lords Proprietors to the Inhabitants of the County of Albemarle dated May 1th 1668.

Ordered. That a Coppy Thereof be inserted in the Journal Book of this House and the Original kept by the Speaker for the time being.

George Duke of Albemarle Master of his Majesty's Horse, Edward Earl of Clarendon, William, Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Chancellor of the Exchequer, Sir George Carteret Vice Chamberlain of his Majesty's Household, Sir William Berkeley Knight and Sir Peter Colleton Barronet The true and absolute Lords Proprietors of all the Province of Carolina.

To our Trusty and wellbeloved Samuell Stephen Esqre Governor of our County of Albemarle and the Isles and Isletts within tenn Leagues thereof, and to our Trusty and Wellbeloved our Councellors and Assistants to our said Governor Greeting.

Whereas We have received a Petition from the Grand Assembly of the County of Albemarle praying that the Inhabitants of the said County may hold their Lands upon the same terms and conditions that the Inhabitants of Virginia hold theirs, and forasmuch as the said County doth border upon Virginia and is much of the same nature Wee are content and do grant that the Inhabitants of the said County do hold their lands of us the Lords Proprietors upon the same Terms and Conditions that the Inhabitants of Virginia hold theirs.

Wherefore Be it known unto all men by these presents that Wee the said Lords and Absolute Proprietors of the County with the Province aforesaid Have given granted and by these presents do give and grant full Power and Authority unto our said Governor by and with the Consent of our Council or the Major part thereof, or to any Governor for the time being or that shall hereafter be by us appointed full Power and Authority by and with the Consent of our Council then being or the Major part thereof to convey and grant such Proportions of Land as by our Instructions and Concessions Anexed to our Commission bearing Date in October 1667 Wee have appointed to such persons as shall come

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into our said County to plant or inhabit; to be held of us and our Heirs and Assignes upon the same terms and conditions that land is at this time present usually granted in Virginia anything in our Instructions and Concessions aforesaid to the Contrary Notwithstanding. And we do hereby declare and consent that the Warrant to the Surveyor for the laying out of said land and the and the return thereon being registered and also the Grant of you our said Governor and Council, or Governor and Council that shall that shall be when such land is due having the Seal of the County affixed to it and signed by yourself and major part of the Council for the time being, being registered shall be good and effectual in Law for the enjoyment of the said Land or Plantation and all the Benefits and proffits of and in the same Except one half of all Gold and Silver mines to the party to whome it is granted his heirs and assigns for ever he or they performing the Conditions aforesaid Given under our hands and great Seal of our Province this first of May Anno Domino 1668.


Registered ye 13 day of July 1693
per Edwd Mayo. Clerk: Council
ALBEMARLE,
JO: BERKLEY,
G. CARTERET.
CRAVEN,
ASHLEY,
P. COLLETON

THE SEAL

That as this day was appointed to examine into Several Grievances it be referred till tomorrow

Adjourned to 9 'oth clock tomorrow morning

Tuesday April 20th

Met according to adjournment

Edwd Moseley Esqr Publick Treasurer delivered in at the table the Publick Accounts.

Ordered. That John Lovick Esqre Mr Chas Denman, Mr Gabrill Burnham, Mr Geo: Powers, Mr Arthur Williams Mr William Wilson, Mr Willm Barrow, Mr William Williams be a Committe of this House to be joyn'd with such members of the Council as shall be appointed to inspect and settle the same and the Accounts of all others concerned with the Publick money and report the Same to this house.

Sent to the Governor & Council for Concurrance.

By order
AYLIFFE WILLIAMS Clk Genll Ass:

By {Mr Williams & Mr Winns}

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The Publick Treasurer also delivered in at the table Sixteen Bundles of Old Bills of Credit Exchang'd by him Said to contain £7343.10.6.

Ordered That the Committe appointed to settle the Publick Accounts, do exchange the Same parcels of Bills and make report thereof to the House that the Same Bills may be destroyed

Received the following message from the Upper House

Mr Speakr & Gentl of the Lower House

This house has appointed Willm Smith Edmd Porter & Cornel: Harnet Esqrs to be joyn'd by the Members by you appointed to inspect and settle the Publick Accounts

By order
ROB: FORSTER for Clk of the upper house

Adjourn'd to 9 'oth clock Tomorrow Morning.


Wednesday April the 21th

Met according to adjournment.

The Articles of His Majestys Instructions referred to in the Governor Speech were read and debated.

Whereupon the house came to the Following Resolutions: vizt

On the 19th Article—Resolved in the Address to be prepared to his Majesty the thanks of the General Assembly be dutifully given to his Majesty for his Fatherly indulgence in remitting the Arrears of Quit Rents due from Sundry persons in this Province.

At the same time it may be mentioned that the Arrears in this Province were very small in comparison with South Carolina.

That the General Assembly accepts of his Majestys Gracious offer of receiving the Rents for lands in Proclamation money.

That this house will proceed to regulate and ascertain the Fees of all Officers in Proclamation Money and as this House is of Opinion there is not a sufficient Currancy of Silver and Gold for a Twentieth part of what shall be necessary for the several payments to be made to the Officers and for Rents: This house will propose that all such payments be made in some valuable commoditys or in the Bills: Now currant in this Province at proper Rates. And that a Bill for that Purpose be prepared accordingly.

On the 31—The Resolution of the House was

That as the Inhabitants of this Province pay so large Quit Rents which we are of Opinion amounts to the sum of 1200l per Annum which sum will increase as the Province becomes more fully settled it is conceived we are not obliged to pay the Salaries of any Officers but that

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Salaries were established by the Lords Proprietors and by their orders paid out of their Revenue arising by the Quit Rents and the sale of Land.

The charge of the Govr Council and assembly during their Session has been allways defrayed by the Publick

On the 42d—The Resolutions of the House was

That this will be ready to give such assistance as shall be necessary to cause a due cultivation of the Lands hereafter to be taken up but as to the Method of cultivating 3 Acres on every 50 which is said to be the Rule layd down by his Majesty, it is the Opinion of this House that so strict a rule will very much impeed the settlement of this Province, and thereby lessen his Majesty's Revenue, and that his Majesty be humbly address'd to permit Lands to be taken upon more easy terms and that in the said address to his Majesty mention be made of the Deed of Grant to the Inhabitants of the County of Albemarle. As also to confirm the Titles of such as have purchased Lands and paid their money for the same before the arrival of his Excellency the Governor.

On the 61th—The Opinion of the House was

That the Law relating to Jurors do stand, in regard none are to be on Jurys but such as are in the Lists formed by the Assembly.

On the 63rd—The House resolved that it Should be further considered and that Some proper Method be Provided for the better Government of Slaves.

On the 75th & 76th—They are already provided for in the Acts relating to Vesterys.

On the 114th—That it be further considered.

Ordered. That the Committee appointed to draw the address to the Governor be a Committe for drawing up an address to his Majesty, and to prepare Such Bills as are necessary & agreeable to his Majesty's Instructions, Referred to in the Governor's Speech.

The House waited on His Excellency the Governor with the following addres.

To his Excellcy Geo: Burrington Esqre His Majties Capt Genll & Govr in Chief of North Carolina

The humble Address of the General Assembly of North Carolina

We the Kings most Dutifull and Loyall Subjects the Representatives of the People of North Carolina With great pleasure congratulate your Arrival in this Province, with that command which his most gracious Majesty has been pleased to confer on you; We have formerly Experianced

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your care for the Welfare of this country and we rest fully assured that We Shall not want your best Endeavours to promote the lasting Happiness of the People of this Province We Sincerely promise for ourselves that we will not be wanting to do everything that we think may contribute thereto and the Honour and Interest of Majesty's Service.

The several Articles of His Majesty's Instructions which you have laid before this House shall be Duly considered to us, and as we propose to address his Royall Majesty concerning some of the matters contained therein, we doubt not but our dutifull behaviour to you, and what we shall propose for his Majesty's service and the Welfare of this Province will procure our Addresses a favourable Reception.

We observe how particularly you recommend to us the settling a method to keep the Bills currant in this Country to their Value; We imagine the same is already sufficiently provided for by the Act passed in the Biennial Assembly 1729 nor do we find but the Credit given them by that Act is preserved by the Currancy they have obtained all over this Government but if any better Method can be proposed for establishing their value we shall very readily take the same into our Consideration.

As Every thing your Excellency recommends shall have its due weight with us we are of opinion with you that the remote Scituation of Divers parts of this Province from Edenton the metropolis of this Government will make it necessary that some Provision be made for the more easy Administration of Justice in those remote parts A bill for which Purpose wee shall order to be prepared accordingly.

We heartily thank you for the ease you propose to the Inhabitants relating to Wills and Licences a Bill for which Purpose Wee have ordered to be prepared: and as your Excellency has indulged us thus farr We make no doubt that when we propose other matters of equal concern for the good of this Province we shall have your Chearfull Concurrence.

We understand there is a Town already establised on Cape Fear River called Brunswick in New Hanover Precinct in Respect to one of the Titles of the Illustious House of Hanover and we are informed it is like to be a flourishing place by reason of its excellent scituation for the Trade of those parts, to promote which or any other place on that River that shall be judged more proper. We will readily give such assistance as is in our Power.

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The Services don this Province by the settlement began by you at Cape Fear we have a gratefull sence of which we shall make evident on proper Occasions and in a particular manner we propose to be mindfull thereof in our Address to His Majesty.

All the other parts of your Excellency's Kind Speech we will take into our serious consideration. We hope the Behaviour of the Assembly of this Province at this Juncture and at all times hereafter will demonstrate that the Inhabitants of this Province have the greatest Duty and Loyalty to his Majesty, Zeal and affection for your Excellency and the Welfare of this Province.

By order of the General Assembly
E. MOSELEY Speaker.

The House returned and Mr Speaker reported that the Governor ordered this House do attend him at Eleven a Clock to morrow morning

Read the Petition of Merchants and Masters of Vessells &c:

Complaining of Exorbitant Fees taken by the Collector and Naval Officer of Port Bath

Ordered that the following Resolution be sent to the Governor an Council

Whereas By the Royal Charter granted by King Charles the Second to the Lords Proprietors of Carolina it is granted that the Inhabitants of this Province shall have, posses enjoy all Liberty's Franchises and Privileges as are held possest and enjoyed in the kingdom of England.

And Whereas it is the undoubted Right and Priviledge of the People of England that they shall not be taxed or made lyable to pay any sum or sums of money or Fees other than such as are by Law established Notwithstanding which it appears by Complaint made in most parts of this Province that the Officers in General, do demand, take and receive from the Inhabitants and Masters of Vessells trading to this Province, four times more than the Fees appointed by the Laws of this Province to the great Discouragement of the Trade of this Province and the Oppression of the People

Resolved. That this House do wait on the Governor with this Complaint and that the Council be desired to joyn with this House in requesting His Excellency to issue a Proclamation, declaring such Practices to be contrary to Law: and an Oppression of the subjects; and strictly forbidding all Officers to take larger Fees than is by Law appointed, under Pretence of difference of money untill such time as the Officers Fees

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shall be regulated by Authority of Assembly, this House now having the same under consideration pursuant to His Majesty's Instructions

By Order
WILLIAMS per Clk Genll Assembly

By Mr Scarborough & Mr Denman

Adjourned to 8 'oth clock Tomorrow morning


Thursday April 22d

Met according to adjournment

The House waited on His Excellency the Governor pursuant to yesterday Order

The House returned and Mr Speaker Reported that the Governor caused two of his Instructions to be read before them vizt 37th & 47th

Resolved. That this House Send the following Request to His Excellency the Governour.

The House Request his Excellency the Governor that he will be pleased to lay before this House a Copy of the Two Instructions which he read to them and that what his Excellency shall think proper to Say to this House on those Instructions may be put into writeing

By order
WILLIAMS Clk Genll Assembly

By Mr Skinner & Mr Burnham

Adjourned to 9 'oth clock tomorrow morning.


Friday April 23d

Met according to adjournment

To His Excellency the Governor.

Voted. That the Revert Mr Nicholas Jones be paid the sum of tenn Pounds for officiating Divine Service this Day before the Governor Council & Assembly and his Excellency the Governor is requested to issue this Warrant to the Publick Treasurer for payment of the Same

Sent to the upper house for Concurrence

By order
WILLIAMS Clk Genll Assembly

Mr Symons & Mr Burnham

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Received the following message and the Copy of the 37th & 47th Instructions from the upper House.

Mr Speaker and Gentlemen of the House of Burgesses

I think it necessary to cause Two Articles of my Instructions to be read to you that no Person in your House may pretend ignorance in a Matter where the Kings Commands to me are positive vizt 37th & 47th you may apply to me when and as often as you desire to Inspect the Publick Accounts, and they shall be laid before you. I think it absolutely necessary for his Majesty's Service and the good of the Country that a Treasurer be appointed, Therefore I shall with advice of the Council speedily appoint a fitt Person to execute that Important office untill His Majesty Commissionates one

CH: FORSTER for the Clk of the upper house

Adjourned to 9 'oth clock Tomorrow morning.


Saturday April 24th.

Met according to adjournment.

This House takeing again into consideration that Article of the Governor's Instructions relating to purchase of land whereupon it was proposed by some Members of this House that this House should address the Governor and Council to compel the late Receiver to give Security to repay the severall sums received by him for lands in case his Majesty shall declare those Grants to be void, with which William Little Esqre the late Receiver was acquainted by the House and was heard.

Ordered. That the Governor and Council be addressed and that Coll: Tho: Swann, Coll: Cullen Pollock and Mr James Castlaw be a Committee and do prepare an address by Monday Morning Next.

The opinion of this house on the 37th & 47th of his Majesty's Instructions was sent to his Excellency the Governor but he not being in Council the delivery thereof was deferred till Monday.

Adjourned to 9 'oth clock Monday Morning.


Monday April 26th

Met according to adjournment.

Received the following message from the Council

Mr Speaker & Gent1 of the House of Burgesses

Whereas His Majesty in his Instructions to His Excellency the Governor hath ordered & directed that all Fees shall be paid to the officers in Proclamation Money and the said Instructions having been laid by his

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Excellency's orders before the Council and House of Burgesses the said Burgesses immediately came to a resolution which they soon delivered to His Excellency in effect declaring that the said Instructions were contrary to Law and tended to the Oppression of his Majesty's subjects and the said Burgesses having in their said Resolution Arrogated and assumed to themselves the sole power of Establishing Fees Exclusive of the Governor and Council—

Resolved. That the said Resolution of the House of Burgesses is a great invasion of his Majesties Prerogative and do highly reflect on the Honour and Dignity of His Crown.

Resolved. That the said Resolution of the House of Burgesses openly tends to divest the Governor & Council of their share of the legislative authority vested in them by his Majestys Commission and Instructions founded on the Lawes of the English Constitution; and that they seem therein to set up and erect some other form of Government than is allowed by the Laws of Great Britain.

By order
CH: FORSTER for the Clk of the upper House.

Mr Speaker and Genll of the House of Burgesses.

In answer to your unreasonable complaint concerning Fees I must inform you that I have proposed to the Speaker and most of the Members of your House that myself and all the Kings Officers there are more beneficial than here. Having also read the answer Drawn up by the Council to the aforesaid complaint, desire you Gentlemen Sedately to consider of it, for my own part I cannot refrain from telling you that whoever the person was that formed the said Paper of Complaint, I compare him to a Thief that hides himself in a house to rob it & fearing to be discovered, fires the house to make his escape in the smoak.

GEO: BURRINGTON.

This House immediately declared that the same complaint was the Unanimous Voice of the whole house no one member dissenting thereto.

That this House never intended to assume to themselves alone the Power of establishing or altering Fees, this house having ordered a Bill for an Act to be brought in for regulating and establishing Fees.

That this House will give a more full answer to the two Instructions which was to have gon a Saturday

To his Excellency the Governor.

In answer to what your Excellency was pleased to deliver in writeing to us with the 37th and 47th Articles of his Majesty's Instructions, we

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are of Opinion that no public money ought to be issued but as directed by the Governor Council and General Assembly, and this House is of Opinion that by the Act of the Assembly passed in November 1715 Entituled an Act Publick Treasurer to Account. This House in conjunction with the Governor and Council hath a larger Right than only to view and examine the Publick Accounts.

This House is of Opinion that the 47th instruction doth not extend to Officers appointed by Act of Assembly as are the Publick and Precinct Treasurers and sundry other Officers.

And as the office of Publick Treasurer which you are pleased to mention in particular, this House declares they are very well satisfyed with the Ability and Integrity of the Present Publick Treasurer Edward Moseley Esqre who was appointed to that Office in an Act of Assembly by the Governor Council and Assembly; and we conceive that such an Officer so appointed is not to be removed but by the like Power, and further this House is of opinion that the Publick Treasurers of our neighbouring Governments are appointed in like manner by the Governor Council and Assembly.

By Order
WILLIAMS per Clk of the Genll Assembly

Mr Powers & Mr Sayer.

The Elections of Newbern and Bath were disputed.

Ordered. That the same be further considered Tomorrow. Adjourned to 9 'oth clock Tomorrow Morng


Thursday April 27th

Met according to adjournment.

On Debate this day concerning the Election for Bath Bath Town, it appeared to this House that Mr Roger Kennion was duly elected and returned

On Debate it appeared concerning the Election for Newbern Town that Mr Walter Lane is duly elected and returned.

Ordered. That leave be given to bring in a Bill for the better regulating the Elections of Burgesses for the Town.

Ordered. That Coll: Cullen Pollock, Mr Cha: Denman Coll: Tho: Swann, Mr John Etheridge, Coll: Tho: Pollock Mr Walter Lane and Mr Tho: Smith be a Committe to draw up a more full answer to the two papers received from the Governor and from the Council.

-------------------- page 302 --------------------

Received the following Message from the upper House.

Mr Speaker and Gentl of the House of Burgesses

In answer to your message yesterday we must observe that we find greater inclination in you to Cavil and Raise difficultyes than to do anything thay may tend to his Majesty's Honour and the good of this Province

Gentlemen—We insist it is the intent of some persons to create animositys and ferment Divisions a method too frequently practiced formerly as well as now in order to screen and secure themselves from an enquirey into their conduct which we believe has not been the most upright and regular.

Nothing can be more clear or more express than the latter part of his Majesty's 47th instruction wherein his Majesty declares that no Officer whatever shall be appointed but by himself or his Governor which surely excludes the House of Burgesses from any share in the nomination of a Treasurer unless you can prove that the Treasurer is not a publick Officer. And as to your present Treasurer we agree with you that he is a person of sufficient ability and we heartily wish his Integrity was equal to it, we must likewise informe you that he was not appointed by any lawfull authority, and as to your pretended Laws of 1729 it is very obvious to any man who suffers not his reason to be guided by a spirrit of Faction that they are void and were passed with no other intent than to deprive his Majesty of his just rights settled upon him by the Laws and Constitutions of Great Britain

By Order
R. FORSTER Clk upper house.

This house is of opinion that the Several Expressions contained in the foregoing paper reflecting in general terms on some of the members of this House and on the publick Treasurer in particular are very unpresidented and a great Violation and Breech of the Priviledges of this House, and as to the caracter of the Publick Treasurer the present Speaker of this House who is particularly named therein: The members of this House declare they are very well satisfyed as well with his Integrity as his Ability His Accounts allways appearing to be just and true, and have now this Session been examined by a Committee of Both Houses.

Ordered That the Committe appointed to answer the other papers; Do draw up an answer to this.

-------------------- page 303 --------------------

Read the Petition of Jno Gilbert, Chas Jones Chris: Zehn praying they may be levy Free—Granted

Ordered: That Josiah Montgomery of Hide prect be Levy free.

Ordered: That Willm Hooker of Bertie prect be clear of duty and working on the high ways

Adjourned to 9 'oth clock Tomorrow Morning.


Wednesday April 28th

Met according to adjournment.

To His Excellency the Governor.

Voted. The Messenger that went to Cape Fear to Summons the Council on the first arrival of his Excellency the Governor in this Province be paid the Sum of tenn pounds for his Journey, and his Excellency the Governor is requested to issue his Warrant to the Publick Treasurer for the payment of the Same.

Sent to the Council for Concurrance

By Order
WILLIAMS Clk Genll Assembly

To His Excellency the Governor

Voted. The Messenger that went to Cape Fear to fetch the Publick Seal of this Province be paid the Sum of tenn Pound for his journey. And his Excellency the Governor is requested to grant His Warrant to the Publick Treasurer for the payment of the Same.

Sent to the Council for Concurrance

By Order
WILLIAMS Clk Genll Assemby

Ordered. That Richd & Willm Islands of Currituck precinct be Levy Free.

Read the Petition of Willm Killingsworth Praying that a Ferry be established on Roanoke River.

Ordered. That leave is granted, and that Mr James Castelaw & Mr Arthur Williams do prepare a Bill accordingly.

The Committe reported to the House that they had prepared a Draft of an Answer to the Governors as also an Answer to the two resolves of the Council, as also to the message delivered yesterday from the Council which were all read and consented to by the House nevertheless this House will defer the Delivery of the Same untill further order.

Ordered. That Cornelius Daniel Jno Brock and David Perkins and Jno Proctor of Beauford be Levy Free.

Adjourned to 9 'oth clock Tomorrow Morning.

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Thursday April 29th

Met according to adjournment.

Read: The first time a Bill for an Act Entituled An Act To regulate an ascertaine the Payment of Quitt Rents & Fees of the Officers of this Government and passed.

Read: The first time a Bill for an Act appointing a Ferry on Roanoke River and passed.

Adjourned to 9 'oth clock Tomorrow Morning.


Friday April 30th

Met according to adjournment.

Sent to the Upper House a Bill for An Act Entituled An Act to regulate and ascertaine the payment of Quit Rents and Fees of the officers of this Government Also a Bill for appointing Killingsworth Ferry on Roanoke River both having been read the first time.

Adjourned to 9 'oth clock Tomorrow morning.


Saturday May 1st

Met according to adjournment.

To His Excellency Geo: Burrington Esqre Governor & Commander in Chief &c:

It was the greatest surprise imaginable to this House when they received your Paper in Answer to complaints concerning Fees.

It is the undoubted Right of the Representatives and nothing more properly their Business then to complain when they find the subjects oppressed and the trade of the Province injured and we can hardly find a more generall Evil then what we have complained of.

And as our Laws have stood for near twenty years the Officers Fees have been paid in Paper currancy at the Rates mentioned in the Acts of Assembly, and now when we find the Officers taking four times as much altho' the same Laws remain in Force our Complaints are called unreasonable—Nor doth what you say of your proposal to some of the members out of this House of having the Fees settled as in Virginia in our opinion put that affair in any better but rather in a worse Light, that proposal being contrary to the Kings Instructions which recommended the Fees to be established in Proclamation Money.

But what this House is most astonished at is the close of your Paper when you tell the House you cannot refrain from telling them that whatsoever the person was that formed the said paper of complaint; you compare him to a Thief that hides himself in a House to rob it and fearing to be discovered fires the house to make his escape in the smoak.

-------------------- page 305 --------------------

We assure you we have sedately considered your paper and the answer of the Council sent therewith and we think we have given them a sufficient answer so we trust we shall your Excellency when we declare that the Complaint we sent was the unanimous Voice of the whole House no one member dissenting therefrom.

And we are of Opinion that such Treatment of any member of this House in particular (which seems to be the Intent of your Excellencys harsh Simily) is a great indignity and contempt put on the whole House, a Breach of Privilidge and tends to the deterring the members from doing their Duty which we are well assured will be as disagreable to the Known Justice of his Sacred Majesty to hear as it is grievous and hurtfull to the just Freedom of the Subjects.

By Order.
WILLIAMS per Clk Genll Assembly.

Mr Rustell & Mr Bell.

To the Honble The Members of the Council

This House findeing the two Resolves sent from you founded on three particular assertions mentioned in the Preamble to the said Resolves. vizt

1st Concerning his Majestys Instructions

2nd The Resolutions of this House thereon; as you say

3rd The Power which you pretend this House hath assumed.

This House conceiving that you have not only put a wrong sence on the Kings Instructions but allso on the Proceedings of this House, we think ourselves bound to clear up such reflections as are cast on us by your paper. Wherefore we say to the first, we are of opinion that you mistake the Royall Instruction it appearing to us to be only proposed by his Majesty that the Fees shall be regulated and established by by Act, yett untill that is done for which in obedience to his Majestys Instructions this House directed the 21st day of the instant Aprill a Bill to be prepared for that purpose Officers ought not to have exacted what Fees they thought proper but to have observed our Laws provided therefore.

2ly This House never declared that the said Instruction was contrary to Law or tended to the oppression of his Majesty's Subjects; but that the Officers there taking larger Fees than is by Law appointed was an oppression of the Subjects, nor did this House immediately come to that Resolution Altho' the Nature of the offence could not but be most highly moveing, nor was it so soon delivered after the Instructions were laid before as is suggested, for the Instructions came before the House the 19th

-------------------- page 306 --------------------
and the Resolution the 21st day of the Instant and then on reading the Complaint of the Masters of Vessells, Merchants and Traders, not supposing that his Majesty's Instructions had the least tendancy to countenance the Oppression complained of, and in truth nothing could have been more amazing unto us that to see our complaint against so Illegal Practice put of with so unjust a construction.

3dly This House never arrogated or assumed to themselves such Power as is represented in the last part of the Preamble Nor does the House conceive that their complaint can be so construed because in your paper it is declared that they had the business of the Fees under their consideration pursuant to his Majesty's Instructions, and as the Instruction proposed it to be done by an Act it ought not to be imagined it would have been proceeded on otherwise indeed had this House published any thing towards regulating the Fees otherwise then with the consent of Governor and Council such an attempt would have been highly blameable. And as this House hath thus given just satisfaction to the Council in those particulars and vindicated themselves from the Aspersions cast on them as invaders of the Royall Prorogative or Reflecting on the Honour and Dignity on the Crown endeavouring to divest the Governor and Council of their part of the legislature or arrogating any other part of Government than is consistant with the Laws of Great Britain and the Charter granted by King Charles the Second to the Inhabitants of this Province. So we hope you will joyn with us in our request to the Governor that he may issue a Proclamation declaring such practices to be contrary to Law and an Oppression of the Subjects and Strictly forbiding all Officers to take larger Fees than are by Law appointed under Pretence of difference of money untill such time as they are regulated by authority of Governor Council and Assembly this House now haveing the same under their consideration pursuant to his Majestys Instructions

By Order
WILLIAMS per Clk Genl Assembly.

Mr Russell & Mr Bell.

To the Honorl the Council

It is the Opinion of this house that the 47 Instruction was never designed by his Majesty to vacate Such authorities as are granted by Act of Assembly but only to prevent all persons whatever acting by any commission from the late Lords Proprietors even such whose right to offices by grant from the Proprietors were preserved by the Act of Parliament are (as we understand that Instruction obliged to have their

-------------------- page 307 --------------------
Commissions renued by his Majesty or the Governor, but we do not understand that Instruction in such sence as that those persons who are authorized by Act of Assembly must nevertheless have his Majesty's or the Governor's commission, and we hope we may retain this sence of that Instruction until his Majesty's Pleasure be signified thereon without those Severe Expressions mentioned in your paper being flung on this house or any of its members for whatever you may say we are resolved by our conduct and behaviour to Show our Duty and Loyalty to his Majesty and to do everything we think may tend to his honour and the good of this his Province, and we hope when we forbeare to return such injurious language as is given to this House, we shall show we do not intend to cavil & raise Dificulties. Nevertheless we think it our duty to declare this House is of opinion that the severall Expressions contained therein, reflecting in general terms on some Members of this House and on the Publick Treasurer in particular are very unpresidented and a great violation and breach of the Privileges of this House And as to the Character of the Publick Treasurer the Present Speaker of this House the members of this House declare they are very well satisfyed as well with his Integrity as Ability. His Accounts always appearing to be just and true, and have this present Session been examined by a Committy of both Houses, and further we believe it to be our Duty to represent unto his Majesty the ill usuage this House in generall and some Members in particular have received, as to your opinion declared in your message the Laws made in 1729 are void We hope we may without Offence declare Our Different Opinion Which is that they ought to Remain in Force until the Royal Pleasure is Signified thereon, and were those Laws to be otherwise Dealt with we imagine it would cause great confusion, in this Province in that it would obstruct the Currancy of Bills therein established and be Hurtfull in many other cases, on which Occasion we propose to address His Majesty, and to show that the Assembly of this Province never meant to deprive his Majesty of any of His Rights.

What you say of the Publick Treasurer's not being appointed by lawfull authority, we doubt not but you will alter your opinion because were it to be admitted that the Laws passed in 1729 were Ipso Facto, void as being made since His Majesty's purchase, which yet we do not grant yet nevertheless His appointment to that Office has been by severall Acts of Assembly ever Since the year 1715.

By Order.
WILLIAMS per Clk Genll Assembly

Mr Russell & Mr Bell.

-------------------- page 308 --------------------

Received a Bill for an Act Entitled an Act to regulate and ascertain the payment of quit rents and Fees of the Officers of this Government, endorsed from the upper house. Passed with amendments.

R FORSTER Clk of the upper House

Adjourned to 9 'oth clock a Monday morning.


Monday May 3d

Met according to adjournment

Received the following message from His Excellcy the Govr

Mr Speaker & Govr of the Assembly

As there are certainly several things in your last message very exceptionable I suppose it will be no Breach of Privilidge in me calmly to point them out to you nor can it be any injustice to say that the language of your last message as well as the former about Fees is very coarse and rough and certainly wanted the respect that is due to persons in my station which you will in time be convinced of and oblidged to alter your method.

It is allowed you that the House of Representatives have a right to complain when injured but it ought always to be done with Decency and good manners which I think is very much wanting in that part of your last message which tells me I have put the affair in a worse Light and accuses me with having made a proposall contrary to his Majesty's Instructions in relation to the Fees in Virginia which I only recommended as a guide or rule to regulate the Fees here by in Proclamation money as his Majesty has positively directed they shall be taken for the future. And you will find Gentlemen if you give yourselves the Time to Peruse the Kings Instructions that one of them gives the Governor and Council Power to regulate and Settle Fees, and Tables of such Fees to be Hung up in the Respective Offices they belong too, I desire to know how you understand this Instruction it appears to me that the Governor and Council are impowered to regulate and Establish Fees and whither there was not Occasion for it at this Juncture must be left to further Enquiry.

His Majesty has positively declared in his Instructions that for the future all Fees shall be paid in Proclamation money which is in Effect Repealing all Laws that declare Fees shall be received otherways.

Before the Assembly met myself and the Council pursuant to the above Instructions declared what was the Value of Proclamation money in Bills as they now pass: This is what you call Oppression Arbitrary and Illegal Proceedings, General Evil and a Hindrance to Trade; charges

-------------------- page 309 --------------------
that are very extraordinary in their Nature and ought to have been well Supported, but in the manner they are used, are realy very surpriseing and astonishing.

The Council have already in their Amendments to the Bill for Fees made it evidently appear that the Officers in their Fees by your Late Emission of Bills of Credit in the Year 1729 were very much injured a Crown Sterling being rated before that time at seven shillings and six pence by Law; and in the regulation on the late Emission of Bills was valued at five and twenty shillings; and it is very manifest that most of the Fees now Subsisting were stated before the Emission of any Bills at all and that the Bills by this time had it not been for the Emission 1729 would or ought to have been sunk so that it is an apparent loss and damage to the Officers if they are obliged to take the Same Fees in Bill of the late Emission or anything near it and what Inducement it will be to his Majesty to tolerate the late Bills I leave you to judge when I tell you it must be represented to the King that these Bills now currant are a Hurt to no one but his Officers only, who must Abondon their Employments and depart this Province or starve here if they take their Fees in the kind manner you prescribe or desire.

Gentlemen. The disrespect shown me I was informed by some Members of your House was occasioned by one person who pulled the said paper out of pocket that he might divert the House and take them of from another Subject then under consideration. It was my good opinion of the House induced me to think they were surprised into such indecent expressions but you now convince me Gentlemen that whoever was the Author thereof, it is sufficiently supported by your Patronage.

Since you sent that gallant paper there have been two Gentlemen of the Council have moved to have Proclamation issued which I refused for the Same reason you were denyed (there being no occasion) I am concerned that any Gentlemen either in your House or in the Upper will suffer their thoughts to run so much on Proclamations I judge it will redound more to your Credit and the good of this Province if you diligently apply yourselves in perfecting what the King has recommended to you in the eight Instructions delivered to your House.

GEO: BURRINGTON.

Read the Bill for an Act Entituled An Act to regulate and ascertain the payment of Quit Rents and Fees of the officers of this Government and after Debate t'was referred untill Tomorrow.

Adjourned to 9 'oth clock tomorrow morning

-------------------- page 310 --------------------


Tuesday May 4th

Met according to adjournment.

The Debate was resumed on the Bill for an Act Entituled An Act to regulate and ascertaine the payment of Quit Rents and Fees to the officers of this Government and passed this House the second time without amendments

Sent to the uper House
WILLIAMS Clk Genll Assembly

Mr Etheridge & Mr Powers.

Received from the Upper House.

A Bill for an Act Entituled An Act appointing Circular Courts in this Province uppon debate sent the following message to the upper House

To His Excellency the Governor and Council

This House desires to know whether the Power of the Assisting Justices in this Province is equal to the Assotiate Justices in England or what their Power is, For we have now under our Consideration the Bill relating to Circular Courts

By order
WILLIAMS Clk Genll Assembly

Ordered. That the consideration of the Bill be referred.

Adjourned to 9 'oth Tomorrow Morning


Wednesday May 5th

Met according to adjournment

Received the following message from the upper house.

Mr Speaker and Gentlemen of the House of Burgesses

This House having considered your Message and perused the Warrant from his Majesty appointing Willm Smith Esqre Chief Justice are of opinion that the full and sole power of holding the Supream Courts of Judicature is in the said Wm Smith and that the Assistants have not an equal Power with the Associate Justices in England nor any Judicial Power.

By order of the Gov: & Council
R. FORSTER Clk Councl
-------------------- page 311 --------------------

The Chief Justice sent down his Warrant which was read in the House and returned again.

Sent the following Message.

To his Excellcy the Govr & Council

This House being Sensible that Sundry grants for Land have been issued since his Majestys purchasing the Province Some of them on old Warrants and Some for raising money towards defraying the charge of running the divideing line between this Province and Virginia. The purchase money for which was paid to William Little Esqre late Receiver General

It is the Request of this House to his Excellency the Governor and the Honorable the Council that they will joyn this house in an address to His Majesty to confirm all such titles thereby to prevent any disputes that might otherwise arise.

And further this House requests that the said Willm Little may be obliged to give Security to repay to all such persons the purchase money received by him for Such Grants as Shall be made Void by his Majesty if any such shall be; in case the said William Little hath not paid away the Same by order of the Government.

By Order
WILLIAMS Clk Genll Assembly

Adjourned to 9 'oth clock tomorrow morning


Thursday May 6th

Met according to adjournment.

Ordered that Willm Jones of Bertie be Levy Free.

This House resumed the Debate on the Bill for an Act Entituled An Act appointing Circular Courts in this Province.

Ordered the Same be referred to a Committee and that Coll: Tho: Swann, Mr Cha: Denman and Mr James Castelaw be the Committee to consider thereon

Adjourned to 9 'oth clock Tomorrow morning


Friday May 7th

Met according to adjournment.

Received the following Message from his Excellcy the Govr

Mr Speaker and Gentl of the Assembly

In answer to your message of Wednesday I must inform you that I am commanded by his Majesty to Send an Account to the Lords of

-------------------- page 312 --------------------
Trade & Plantations of all Pattents of Land granted by Sir Richard Everard Baronet and the late Council Since the time his Majesty compleated his Purchase of this Province

I am convinced the charge given in by the Commissioners appointed to run the divideing line betweene this Government and Virginia is very modest, I believe the Lords of Trade will not deem it otherwise I cannot think it proper for me to joyn in the address you desire: I will represent a true state of the affair to the Lords of Trade; as to the last Paragraph I think the Persons who signed those Pattents having no Authority to dispose of the land may be as lyable as Mr Little who acted only under them and by their immediate appointment.

GEO: BURRINGTON.

The Committee appointed to consider on the Bill for an Act Entituled An Act appointing Circular Courts in this Province. Informed this House that they had prepared a Bill for an Act Entituled an Act for establishing and fixing the Supream Courts in this Province and for enlarging the Power of the Precinct Courts in this Province, which was read in this house for the first time and passed with amendments.

Sent to the upper House
WILLIAMS Clk Genll Assembly

Adjourned to 9 'oth clock Tomorrow morning.


Saturday May 8th

Met according to adjournment.

Received the following message from the upper House

Mr Speaker and Gentl of the Assembly

Resolved. That Nathl Rice Robt: Halton and John Baptista Ashe Esqrs be and they are hereby appointed a Committee to joyn with Such Members as shall be appointed in the Lower House to confer on the subject Matter of the Bill now before this House Entituled An Act to regulate and ascertain the payment of Quit Rents and Fees of the Officers of this Government

By order
ROB: FORSTER for Clk of the uper house

Ordered. That Mr Willm Downing, Mr Cullen Pollock, Mr Cha: Denman, Coll: Tho: Swann, Mr John Etheridge Mr Edw: Salter, Mr Tho: Pollock, Mr Rich: Russell, Mr Thom: Smith, Mr Willson, Mr Walter Lane, Mr Willm Williams be a Committe to joyn with the Committe of the

-------------------- page 313 --------------------
Upper House to confer on the Bill for an Act Entituled An Act to regulate & ascertain the payment of Quit Rents and Fees of the Officers of this Government.

Sent—By Mr Winn and Mr Williams of the upper house

Received from the upper house a Bill for An Act Entituled An Act for establishing and fixing the Supream Courts in this Province and for enlargeing the Power of the Precinct Courts.

Endorsed. Read in the upper house and passed with amendments

By Order
ROB: FORSTER per Clk of the upper house

Adjourned to 9 'oth clock a Munday morning


Monday May 10th

The Committe of Both Houses met in this House to debate and Settle the Bill for Act Entituled An Act to regulate and ascertain the payment of Quit Rents and Fees of the Officers of this Government and proceeded on the amendments.

Adjourned to 9 'oth clock Tomorrow Morning.


Tuesday May 11th

Met according to adjournment

The Committe reported to this House the Severall proceedings on the Bill for An Act Entituled An Act to regulate and ascertain the payment of Quit Rents and Fees to the Officers of this Government the House proceeded to Debate the Same then referred it untill to-morrow

Adjourned to 9 'oth clock to morrow morning


Wednesday May 12th

Met according to adjournment

This House took into their further consideration the Bill for an Act Entituled An Act to regulate and ascertain the payment of Quit Rents and Fees of the Officers of this Government to which they made Several Amendments.

Resolved. That Major Henry Bonner, Mr Charles Denman, Mr Gabriel Burnham, Mr Jno Etheridge, Mr James Castlaw, Mr Tho: Smith, Mr Rich: Russell, Mr Will: Williams & Mr Walter Lane be a Committe of this House to joyn Such members of the Council as Shall be appointed to examine and Settle the accounts of all Such persons as have any claims on the Publick and that they report their Proceedings to this House for approbation.

Sent to the Council for concurrance.

WILLIAMS Clk Genll Assembly
-------------------- page 314 --------------------

Read in this House the second time and passed a Bill for An Act Entituled An Act establishing and fixing the Supream Courts in this Province and for enlargeing the Power of the Precinct Courts

Sent to the Upper House

WILLIAMS Clk Genll Assembly.

Mr Pollock & Mr Downing

Adjourned to 9 'oth clock Tomorrow morning


Thursday May 13th

Met according to adjournment

Ordered. That Cha: Kerby of Bertie be Levy Free.

To Mr Speaker & Gent: of the House of Burgesses.

Resolved That John Baptiste Ashe Edmd Porter & Cornels Harnet Esqrs Be, and hereby appointed a Committe to joyn such Members as is appointed in the Lower House to confer on, Examine, and Settle the Accounts of all such persons as have any claims on the publick

By Order of the Gov: and Council.
JOS: ANDERSON per Clk of the upper house

Received from the upper house a Bill for an Act Entituled An Act for establishing and fixing the Supream Courts in this Province and for enlargeing the power of the Precinct Courts Endorsed Read the Second time and passed with amendments.

JOS: ANDERSON Clk of ye Counl

Read for the third time a Bill for an Act Entituled An Act to regulate and ascertain the payment of Quit Rents and Fees to the Officers of this Government, and passed this House with amendments. Sent to the upper house.

By order
WILLIAMS. Clk Genll Assembly

Mr Norfleet & Mr Scarborough.

Adjourned to 9 'oth clock tomorrow morning


May 14th

Met according to adjournment

Read the third time a Bill for an Act Entituled An Act for establishing and fixing the Supream Courts in this Province and for enlargeing the power of the Precinct Courts and passed with amendments

Sent to the upper house

WILLIAMS Clk Genll Assembly
-------------------- page 315 --------------------

To His Excellency the Govr & Council.

This House taking into Consideration the Charge that Mr Chief Justice Smith must be at in fitting himself for going the Circuits pursuant to the Bill now proposed to be enacted

Voted. That he be paid the sum of one hundred pounds paper currency the better to enable him to proceed in that service, this House being willing to express their good will and esteem they have conceived of the said Chief Justices conduct and Behaviour in his Station

Sent to the upper house for Concurrance

By order
WILLIAMS per Clk Genll Assembly.

Resolved. That the Commissioners of Edenton be and they hereby are invested with Power to make Rules for the better ordering and regulation of the said Town affairs and that they have power to make and levy any equal assessments on the Inhabitants towards fencing in the said town or clearing what shall be needfull, or for defraying any petty charges for the good and Benefit of the said town

Sent to the Govr & Council for Concurrance

By order
WILLIAMS Clk Genll Assembly

Sent the following message to the upper house

To the Governor and Council

This house having now prepared such Bills as are thought necessary to be offered (pursuant to his Majesty's Instructions lay'd before us) this session and the present season of the year being proper for our Residence on our Plantations, we request that the session may be ended in a few days and if any other matters may be thought necessary to be laid before the Assembly it may be done at the next Biennial the election whereof is now within a few months

By order
WILLIAMS per Clk Genll Assembly

Adjourned to 9 'oth clock To Morrow Morning


Saturday May 15th

Met according to adjournment.

This House takeing into consideration the several resolutions touching his Majestys Instructions and other matters proposed to be laid before the Lords Commissioners of Trade and Plantations representing the true

-------------------- page 316 --------------------
state of this Province and as the same will make the address to his Majesty very large if the same were to be inserted therein Resolved—That Coll: Edw: Moseley, Thom: Pollock and Cullen Pollock Esqrs Coll: Tho: Swann Cap: William Downing, Mr Cha: Denman, Mr John Etheridge & Mr Walter Lane or any Four of them be a Committe to draw up the said address representing the true state and Condition of this Province with respect to its Laws, Currency, Trade, Lands Rents and Tennours and other affairs pursuant to the severall Laws of this Government and the votes and Resolves of this House relateing to his Majesty's Instructions, and that the same be signed by the Speaker in the name and by the appointment of the General Assembly of this Province and transmitted to his Grace the Duke of Newcastle Principal Secretary of State and the Right Honorable the Lords Commissioners of Trade and Plantations by such Agent or Agents as the said Committe shall appoint. And the said Committe shall be empowered to draw out of the Publick Treasury to defray the charges of that agency such sums of money as they shall think proper not exceeding the sum of £500 Currancy Sent to the Gov & Counl for Concurrence.

By order
WILLIAMS per Clk Genll Assembly.

Mr Kennion & Mr Islands.

To the Kings most Excellent Majesty

The humble Address of the Genll Assembly to your Majestys Province of North Carolina

Most gracious sovereign

We your Majestys most dutifull and Loyall Subjects the Representatives of this your Province now met in General Assembly; with cheerfullness lay hold of this opportunity on our first meeting after the Publication of your Majestys purchase of the Sovereignty of this Province to acknowledge with the profoundest Gratitude the many Blessings we enjoy under your Auspicious and happy reign, it is with the greatest Pleasure we observe your Majesty and our gracious Queen Caroline always intent on promoting the happiness of all your people, and altho' we are so remote from your Royall Presence we find ourselves Nevertheless the Subject of your Fatherly care and Concern.

We are in duty bound to acknowledge as a particular mark of your Indulgence the placing over us his Excellency George Burrington Esqre Captain General and Comander in Chief of this your Province a person

-------------------- page 317 --------------------
who by his behaviour during the time he governed this Province for the Lords Proprietors rendered himself very agreeable to the people by the great care he then showed in his due administration of Justice and in promoting the Wellfare of this Province, on which occasion his indefatigable industry and the hardships he underwent in carrying on the Settlemen at Cape Fair deserves our thankfull remembrance.

The Governor having laid before us several of your Majestys Instructions relating to this Province we think it our duty thankfully to acknowledge your Majestys great Clemency and goodness expressed in those Instructions towards the people of this your Province and as some of them do necessarily require that your Majesty should be informed of the State and Condition of this Country, we have directed a Committe to transmit a true State thereof unto his Grace the Duke of Newcastle one of your Majestys principal Secretarys of State and to the Right Honorable the Lords Commissioners of Trade and Plantations.

That the life of your Majesty and our gracious Queen may be long, your reign happy and the Succession of your throne perpetuated in the most Illustrious House of Hanover to the latest Ages are the Prayer of

Your Majesty's most Dutifull most loyall and most obedient Subjects.

To His Excellency the Govr & Council.

This House hath appointed Coll: Tho: Pollock, Coll: Cullen Pollock, Mr Macr Scarborough, Coll: Thom: Swann, Mr William Williams, Mr Will Barrow & Mr Evan Jones to be a Committe of this House to joyn Such Members of the Council as shall be appointed to examine the old paper Currancy and see the same destroyed.

By Order
WILLIAMS per Clk Genl Assembly

Mr Kennion & Mr Island.

Several of the members of this House informing that Peter Young had uttered divers scandalous speeches reflecting generally on the Members of Assembly. The messenger was ordered to bring the said Peter to the Barr of this House were being informed of the Charge against him and particularly of his threatening Mr Walter Lane one of the members He acknowledged he spake the words in Passion and hoped the House would forgive him.

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Ordered. That he do in a submissive manner ask pardon on his knees at the Barr of this House and that he stand committed to close Prison during the Pleasure of this House.

The Message from this House appointing a Committe was under writ from the Upper House, vizt: Agreed to that the former Committe Willm Smith Edmd Porter and Coll: Harnet Esqre be a Committe now to joyn such members as are nominated in the Lower House to examine the said old paper currency and make their Report to Both Houses.

By Order.
JOS: ANDERSON per Clk of the upper house

The Resolve of this House concerning Edenton was under writ for the upper House (in these words) Concurred with so as such assesment may be legally made.

By order.
JOS: ANDERSON per Clk Council.

Peter Young having asked pardon on His Knees at the bar of this house pursuant to order.

Ordered. That he be discharged paying his Fees.

Received the following Message from the upper house

To Mr Speaker & Governor of the House of Burgesses.

Saturday May 15th

This house demands of conferrence of the Lower House at 4 of the clock this afternoon upon the Subject matter of two Bills vizt a bill ascertaining Officers Fees and payment of Quit Rents, and a Bill for an Act Entituled An Act for establishing and fixing Supream Courts in this Province and enlargeing the power of the Precinct Courts.

By Order
JOS: ANDERSON Clk of the upper house

CLAIMS ALLOWED BY THE COMMITTE OF BOATH HOUSES VIZT:
To Tho: Murphey for a horse lost in the Country's Service if found to be returned to the Provost Marshl or Deputy for the use of the Publick & immediately disposed of by him at vandue for that purpose and the money lodged with the Precinct Treasurers unless Mr Murphey chuses to keep his horse.
22
“12
“—
To Do: for his trouble & horse hire to White Oke
2
“7
“6
To Mr Will: Wilson for horse hire in the Country's Service.
8
“10
“—
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To Mr Roger Kennion for a pair of handcuffs to confine a criminal.
0
“15
“—
To Majr Bonner for Expence on his Excellency's arrival.
35
“10
“—
To 4 Grand Jurymen for Chowan vizt Majr Bonner. Mr Tho Lovick Mr Willm Arckhill Coll: Wm Harding Jones 6 days each
6
“—
“—
To 4 Grand Jurymen for Pequimens vizt: Mr Chas Denman Mr Richd Kinner Mr Josa Long & Mr Richd Whitbee 8 days each.
8
“—
“—
To 2 Grand Jurymen for Bertie vizt Mr Tho: Gray and Mr Tho: Kerney 10 days each
5
“—
“—
To 4 Petty Jurymen for Chowan vizt Tho: Mathews Jno Dunning Wm Egerton & John Robertson
7
“—
“—
To 3 Petty Jurymen for Bertie vizt Edwd More William Charlton & Robt Warren 7 days each
5
“5
“—
To James Potter for work done about the Court House.
2
“10
“—
To Edmd Gale for hiring workmen about the Court House.
2
“—
“—
To Peter Young for two Journeys to Cape Fear on Publick business including Ferrys and all other charge (horse hire excepted) 40£ Twenty being paid already
20
“—
“—
To Majr Bonner going to the Chowan Indians
3
“10
“—
To Do for viewing the body of a Negro as Corroner and paid the Jury as by Law.
2
“5
“—
To Sundry Claims of Mr Mackey late Provost Marshall.
48
“5
“—
To John Rogers Deputy Marshall for Craven for executing 2 writs for Burgesses & horse hire to go to Core Sound
4
“6
“8
To Sr Richd Everade for going over the Sound upon complaint against the Tuscarra Indians; Servants boat and hands for tenn days
25
“—
“—
To attendance 2 assemblys who could not meet to do business for want of an Upper House
10
“—
“—
To John Sanders for apprehending & bringing up to Goal Soloman Smith a condemned criminal from Core Sound
10
“—
“—
To Mr Willm Williams for Victualls to the Tuscarra Indians by order of the Governor
1
“—
“—
-------------------- page 320 --------------------
To Do for the Committees Expences this Session
7
“—
“—
To Mr Ayliffe Williams for a book for the Journals of this House & a Clock for the Office Dore.
2
“12
“7.
259
“8
“2.

Sent to the Governor & Council for concurrance.

Mr Speaker and Governor of the General Assembly

The Report of the Commty of Claims

Sheweth That upon Examination of Claims we find that the late Foreman of the Grand Jury Mr John Lovick and eight others were not in the list of Jurors by our Law and therefore not quallified as such and moreover on further enquirey we do likewise find seven of the Petty Jurymen not quallified to serve in the Generall Courts which being contrary to the Law of this Government, and in that it may tend much to the prejudice of the Inhabitants therefore we conceive it our duty to represent the same to the House just as we find it having only allowed the claims of such as we find duly and legally quallifyed

JAM: CASTELAW Chairman.

Upon reading the above Report of the Committee of Claims t'was ordered that the list of Claims be Transcribed & sent to the Governor and Council for Concurrance.

This house also considered the Report of the Committee concerning Jurors at the last Generall Court, Whereupon the Provost Marshall and his Deputy Mr Makey were desired to attend the House where they were told that it was the opinion of the House that no person ought to be returned as Juror but such as is on the list agreed unto by the Assembly.

Received the following Message from the Governor.

Mr Speaker and Govr of the House of Burgesses.

As an answer to your Message this day by Mr Kennion and Mr Islands I again repeat what I have formerly said that the business of this Country absolutely requires an Agent in London for which reason I recommended to you in my Speech at the opening this Session, the appointing one with a proper Salary, I now consent that an Agent shall be appointed by my self Council and Assembly

GEO: BURRINGTON.

This house waited on the Governor according to order. Heard what the Governor & Council offered concerning the two Bills now before them.

The house returned and Mr Speaker reported to the house, that the Governor as concerning the Bill for an Act Entituled An Act to regulate

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and ascertain the payment of Quit Rents and Fees to the Officers of this Government as follows.

Vizt: In the beginning of the second page.

It is expressed only Lands taken for the future Shall be registered with the Kings Auditor or his Deputy. It is the Kings Intention that all Lands already taken up should be Registered (19 Instruction) a Proviso that the Auditor shall keep a Deputy in every Precinct, I think we have no authority to compel him, and he may keep his office & appoint Deputys as he pleases.

In the 3d page.

I my Sixteenth Instruction, It is wrote that all Fines Penalties &c: must be reserved to His Majesty his heirs and Successors for Publick use & support of Government.

In the 4th

It is my opinion that Officers acting by Patent in this Government can only be turned out of their places by the King upon some occasions a suspension may be lawfull.

Last Article.

We cannot by any means postpone the payment of the Kings Quit Rents, a Receiver General is appointed tis supposed he is not without Instructions how he is to proceed having commission under the Kings great seal or warrant.

And on the part of the Council it was offered that they did not look on a 150 per cent in paper currency to be an equivalent, and that Pitch and Tarr was raised since the Report of the Committe

And concerning the Bill for An Act Entituled an Act for establishing & fixing the supream courts in this Province and for enlargeing the power of the Precinct Courts, the Governor declared he would no more hold a Court of Chancery at Edenton and therefore he proposed that this House should withdraw the Clause relateing to the Court of Chancery.

To His Excellency the Govr & Council.

In answer to the first Paragraph we say that as all Grants already passed are or ought to be registered in the Secretarys Office; from them the Auditor or his Deputy may have Transcrips; but if any Grants should not be registered there; we will consent to have some Method provided compelling people holding Lands to enter the same on the Rent Role as the Receiver of the Rents shall make his Collections, or to enter the same with the Auditor or his Deputy so as offices for that purpose be kept in every Precinct, or after any other manner so it be not done at the expence of the People.

-------------------- page 322 --------------------

To the 3d We will use the stile proposed by His Majesty. To the 4th We shall be content that in the Cases of Officers holding by Pattent makeing a Breach of the Law they may be only suspended or otherwise Punished.

To the last. As the King proposes to receive Proclamation Money we are willing for want thereof to make the best Equivalent we can to His Majesty and therefore offer Tobacco according to the Practice of Virginia and as people are not provided to make sufficient for that purpose this year we propose the payment thereof to be postponed until it can be made; but if ready payment is expected, we shall consent that it be made in other Commoditys that may be made this present year according to a just valuation.

This House doth not consent to alter the 150 per cent on Bill currancy.

Concerning the Court of Chancery—That Court has always used to be held at the times and places when and where the General Courts have been, & all Process thereto returnable to the third day of the General Court; but as that day was generally taken up with the Crown business it was ruled that the doing the business in Chancery should be put off until the Monday following. And a Court so established we conceive ought not to be removed but by the Authority of Assembly. Nevertheless it has been proposed to give ease to the Inhabitants by appointing a general Court in each of the three Countys proposed to be erected, so we think it may be as necessary to ease them with respect to the Court of Chancery & if his Excellency shall be willing we propose that the Power of the Court of Chancery may be lodged in the Justices of the Countys as it is in Virginia, or in the Chief Justice and other proper commissioners appointed for that purpose.

By order
WILLIAMS per Clk Genll Assembly

Adjourned to 9 'oth clock Monday Morning.


Monday May 17th

Met according to adjournment.

Received the following Message from his Excelcy the Govr

Mr Speaker & Genl of the House of Burgesses.

I cannot think you Sufficiently expressed your good will and esteem for the Chief Justice of this Province by voteing him so trifeling a sum as one hundred pound paper Currency. I think a Gentlemen who possesses so high a post as Chief Justice of North Carolina and so eminent

-------------------- page 323 --------------------
a Station as the first in his Majesty's Council here, ought to be better reguarded therefore let you know that it is my opinion that you cannot make him a less present than eight hundred pounds currency (in value is but one hundred pounds Sterling) which I will forthwith issue my warrant for if you desire it.

GEO: BURRINGTON

The House sent the following answer

To His Excellency the Governor.

As we are very well satisfyed with the abilityes conduct and behaviour of Mr. Chief Justice Smith in his Statition we thought ourselves obliged to offer such a sum as might purchase horses for the service he shall undergo, and we look on ourselves the more obliged to do so in regard the first quarterly payment of his Salary is not to commence until September and the reason of our offering no larger a sum was owing to the poverty of the Country which at present is incumbered with a large Debt.

We cannot be of the Same opinion with your Excellency to think there can be such large discount upon our paper currency bills of Exchange being lately sold at five for one, so we hope his honour will rest satisfyed with what the house has voted.

By order
WILLIAMS

The proceedings of the Committe of Both Houses appointed to examine the publick Accounts and the old Bills that has been exchanged.


Tuesday April 20th

The Committe of Both houses met & examined the Publick Accounts of Edwd Moseley Esqre Treasurer and do find vouchers for the payment of £2582.0.6 also examined 16 bundles of old Bills amounting to £7343.10.6. Ordered the said Bills remain with the Clerk—


Wednesday April the 21st

John Baptista Ashe Treasurer of New Hanover Precinct exhibited his account of Bills of Credit emitted in the said Precinct amounting to the sum of £2748.15.0—Edwd Moseley Esqr Treasurer of Chowan Precinct exhibitted his account of Bills of Credit emitted in the said Precinct amounting to the sum of £4000.0.0. Edward Moseley Esqre as Publick Treasurer also delivered to the Committe several bundles of old bills endorsed said to amount to the sum of £1062.18.0, Ordered that the same be lodged with the former bills. Mr Jno: Etheridge Treasurer of Curritucke precinct made up his accounts for the year 1729 and paid the Publick Treasurer

-------------------- page 324 --------------------
£43.10.9.


Saturday April 24th

Edward Moseley Esqre Public Treasurer delivered to the Committe five bundles of old bills amounting to £788.15.0, which with the former parcels makes £9195.3.6, he also delivered a box containing the Counterparts of the old bills and the new. Ordered those bills and counterparts remain with the Clerk—


May 1st

Edwd Moseley Esqr Publick Treasurer delivered to the Committe six Bills containing £359.19.0 which with the former makes £9555.2.6, Ordered that those bills remain with the former.


Monday May 17th continued.

Ordered. That all the old paper currency which hath been exchanged and delivered to the Committe of Both Houses amounting to the sum of £9555.2.6 and by the Direction of the Committe lodged with the Clerk of this House, be forthwith produced at the table.

The same was accordingly produced and in the presence of the Members of the House put into a Box and locked and the Box corded and sealed and then delivered to the Publick Treasurer who was directed to keep the same and to produce it to the Next Assembly the key of the box was sealed up in paper and delivered to Cap: Willm Downing who was required to keep the same and to deliver it to the Speaker of the next Assembly at the Table, the charge of securing the old bills being Thirty five Shillings paid by the Publick Treasurer; to be allowed on his accounts.

His Excellency the Governor sent for this House to attend him, which the House accordingly did and the Governor made the following Speech.

Gentlemen,

It is now five weeks since I convened you together and within few days after your meeting I laid before you Such of his Majesty's Instructions as I was commanded, in order to have laws framed upon them in all which time nothing of that nature has been offered from the House of Assembly, but one Bill for the regulating Fees and the payment of Quit Rents which Bill being thought in the upper house in many things to deviate from his Majesty's Instructions, particularly about the Quit Rents it could not be passed and you had gon your farthest in it having past your last amendments, and that you had nothing now to offer though there are several of his Majesty's Instructions no ways yet considered of by you, I fear it will be to little purpose to keep you longer together, and indeed the Divisions the heads and the indecencies of your Debates growing Daily among you gives me butt little room to hope that his Majesty's Instructions and the true Interest of the Country will have

-------------------- page 325 --------------------
their Due weight with you, there was another Bill sent from the Upper House for the ease of the Country by Circular Courts but was lodged with such amendments in your House as put a stop to it & finding you are not now inclined to proceed upon anything further but have in your message desired a Recess I shall comply with your message hopeing time will compose you to better thoughts

Gentlemen

After the many instances I have given of my affection for this Country I need not take pains to convince you, how much I have at heart the wellfare and prosperity of it, that cannot be obtained by private and narrow views which I wish I had not occasion to say I find prevails more than a publick Spirit, for my part nothing shall be wanting in my power for the benifitt of this Province, and I only ask in Return your Dutifull behaviour to his Majesty's commands, the only way to recommend you to the best of Kings who never did nor will impose anything unreasonable on his Subjects

Gentlemen of the Assembly

I do now Prorogue this General Assembly unto the Sixth day of Sepber next, and it is hereby prorogued

A Copy
WILLIAMS Clk G. Assembly.