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| Oct. 1. |
The Council were of opinion that H.E. had done what was proper, and that it was not for H.M. service to urge the quota etc. any further this time. |
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It was agreed to prorogue the Assembly till Nov. 12. |
| Oct. 2. |
Letter to Lieut.-Governor Nanfan read. |
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H.E. signed the Commissions of the Colonels and Commanders in Chief. [C.O. 5, 1409. pp. 165–166.] |
| Oct. 7. |
1172. Minutes of Council in Assembly of Barbados. Error brought by Col. Eginton put off till next Council Day, two material evidences being sick. |
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Error brought by John Waterman to reverse a judgment given against him in the Court of Common Pleas of S. Andrews upon an action there brought by Jacob Waterman. Judgment reversed. |
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Error brought by Edward Pare, Saml. Irish, and Elizabeth, his wife, to reverse a judgment etc. of the Court of Common Pleas of St. Michael's against Saml. Branch (?) executor of Nathaniel Williamson, by the Hon. John Reid, senr., John Reid, junr., and Thomas Duboys, merchant, Attorneys to Nicholas Rice, and also since by Nicholas Rice directed to the Hon. James Colleton, Chief Judge of the said Court. Judgment reversed. |
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Act for the encouragement of artificers to labour on the fortifications was read three times, passed and consented to by H.E. |
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Act to prevent freemen, white servants, negroes and other slaves running from this Island in shallops, boats and other vessels, was read twice and ordered to be returned to the Assembly with some amendments. |
| Oct. 8. |
H.E., with the consent of this Court, declared the Hon. George Lillington Chief Baron of H.M. Court of Exchequer and Chief Justice of the Pleas of the Crown in the room of Thomas Sadleir, decd., who took the oaths appointed. |
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Grant of the King's right made to Saml. Cox for running out of a wharf into the sea to leeward of James Fort. |
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Act for collecting arrears due to the Publick was read twice. [C.O. 31, 6. pp. 24–26.] |
| Oct. 15. |
1173. Minutes of Council of Virginia. Ordered that the several matters to be despatched for England be prepared and that H.M.S. Lincoln sail Oct. 21, and H.M.S. Shoreham Nov. 4. The Colonels of Militia to return lists of the Militia by Oct. 29. [C.O. 5, 1409. pp. 166–171.] |
| Oct. 17. |
1174. Minutes of Council of Virginia. Resolves of the Burgesses about the Agent considered. Ordered that the Clerk of the House of Burgesses prepare copies of proceedings to be transmitted. George Luke, Collector of the Lower District of James River, made oath to his account. |
| Oct. 18. |
Capt. Durley, H.M.S. Lincoln, being in want of provisions and having been stayed for H.M. service, ordered that Capt. Moodie supply him. [C.O. 5, 1409. pp. 171, 173.] |
| Oct. 21. |
1175. Minutes of Council in Assembly of Barbados. Writ issued for a new Member of Assembly for the parish of St. Thomas in the room of the Hon. Thomas Sadleir, decd. [C.O. 31, 6. p. 26.] |
| Oct. 23. |
1176. Minutes of Council of Virginia. Upon reading an Address of Council and Assembly to lay open the lands on the South side of Blackwater Swamp and in Pomonkey Neck, to the end they may be seated and H.M. Revenue of quit-rents improved, H.E. acquainted the Council that he was very willing to comply, but that it seemed to him the same at this time would be very prejudicial to the Act for seating the frontiers, and consequently a prejudice to H.M. interest, which consists as well in securing and providing for the defence of this Colony by strengthening the frontiers as in his quit-rents, and therefore proposes for a further encouragement in seating the frontiers, that who so seats there pursuant to the said Act shall have the preference in taking up land in Pomunkey Neck or on the South side of Blackwater Swamp, without which H.E. conceives it will be prejudicial to H.M. interest and cannot consent, because the Act for seating the frontiers providing for the quit-rents, if these be laid open, none will go to seat the frontiers. The Council agreed. Officers appointed to oversee the frontiers and to find out lands fit for
such cohabitations, and to endeavour as near as may be to make the several situations in a direct line. Publication to be made that the lands in Pomunkey Neck and on Blackwater Swamp will not be laid open under any other conditions. |
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H.M.S. Shoreham ordered to wait till Nov. 14th, the Clerks being unable to transcribe the Journals etc. ordered in time. |
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Letter from Capt. Moodie read, stating that he had fitted up the sloop Elizabeth which was worth little, and proposing to build another, which was necessary. He prayed for credit for a supply of provisions, for care to be taken of his sick men, for orders to careen his ship and credit for stores for that use, for orders to ride in some more convenient place than Kiquotan, and to impress men upon occasion. The Council were of opinion that the sloop would suffice for this winter, and as to building a new one, they had no particular instructions from H.M. As to the supply of provisions H.E. informed Capt. Moodie that he had formerly given credit to Capt. Aldrid, H.M.S. Essex prize upon the like occasion for 140l., and that the last account he had from Mr. Micajah Perry, his correspondent, they were not paid, which being considered H.E. could not tell how he should be supplied, but such was his duty to H.M. that rather than H.M. interest should suffer any prejudice himself would give credit. As to the sick men, the same thing applied, and several other people had credited them upon several occasions heretofore and could not be repaid. H.E. desired him to represent the same to the Admiralty, etc. As to careening his ship, he is to cause the same to be done when and where he thinks fit, as also to choose his place for riding at anchor. Warrant to impress seamen ordered to be sent down to him, and the order for selling the sloop to be cancelled. H.E. laid before the Council the several inconveniences attending this Country in case of an invasion by sea, how defenceless, naked and unarmed it was, and whether it might not be proper to represent the case to H.M. |
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H.E. laid before the Council a Speech from Governor Penn to the Assembly at Philadelphia concerning a Peace made by the Governor of N. York with the Five Nations, and asked whether they thought it of such consequence that it might be proper to write to those Governors, to know how and by what authority they had done that and what is the sum and substance of that Peace which is said is made for H.M. subjects on the whole Continent. It is the opinion of the Council that the same not coming hither by any public way, they are not to have any regard to it other than a loose paper. |
| Oct. 24. |
Proclamation signed proroguing the Assembly till Dec. 10. Ordered that the Committee for revising the Laws take care to get the same perfected with all possible expedition and to be sure to have regard to the instructions of the Lords Justices etc., and that all Laws they make be agreeable thereto. |
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Ordered that the County Courts obtain accounts of the sloops etc. possessed by the inhabitants and make a return of the same to the Council Office, in case there be any occasion to use them for the defence of the Country. |
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The Council agreed to H.E.'s proposals for instructing the Agent as to care to be taken with regard to delivery and publication of contents of the Address concerning the quota. |
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Henry Scarburgh took the oaths appointed as Collector of the Eastern Shore District. |
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Several warrants for payment of official salaries signed. |
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Upon representation made that the French Protestants at the Mannikin Town and parts adjacent want some to rule and govern them in all causes and upon all occasions, ordered that Mr. Chatin and Abraham Nicod be commissionated to govern them according to such rules, orders and methods as H.E. shall think fit, consonant and agreeable to the Laws of England and this Colony. [C.O. 5, 1409. pp. 173–183.] |
| Oct. 28. |
1177. Minutes of Council in Assembly of Barbados. Error brought by Lieut.-Col. John Eginton to reverse a judgment given against him by Henry Applewhaite and John Summers, two of H.M. Justices of the Peace, upon complaint by Col. Abell Alleyne, formerly Guardian of the estate of William Chester, decd., alleging a forceable entry by him. Judgment confirmed. |
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H.E. communicated to the Board a letter from the Council of Trade and Plantations, July 3, and a petition of Alexander Skene etc. [No. 305.i.] to H.M. in Council. His allegations being very false, this Board desired H.E. would give them leave to answer them, which he granted. [C.O. 31, 6. pp. 26, 27.] |
| Oct. 31. |
1178. Minutes of Council in Assembly of Barbados. H.E. communicated to this Board H.M. letter of licence to repair for England to settle his private affairs, as soon as he shall think it convenient. |
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The Council brought in their answer to Mr. Skene's petition and memorials. [Entered.] Upon the humble motion of George Lillington, Chief Judge of the Pleas of the Crown and Chief Baron of H.M. Court of Exchequer, setting forth that by the former settlement of the said Court there were only appointed a Chief Justice and Baron and three other Barons, and that any two of them should be a Court to sit and hear causes cognizable in the said Court, by which means there being two quorums, and if [in] any cause the Court should be equally divided in their opinions, there could be no decision thereof, that no delays therefore may be in any matter, ordered that the Court be held in future by a Chief Justice and Baron and four other Barons, any three of whom shall be a quorum. [C.O. 31, 6. pp. 27–40.] |
