Minutes of HM Council: 22 September 1727

At a Council holden the 22nd day of September 1727 at the house of Mrs Margaret Zuill in St Georges.

Present:
His Excellcy the Governor
Coll. John Trimingham
Saml Sherlock Esq
Capt Leond White
Coll. Richd Jennings
Andru. Auchlinleck Esq
John Butterfield Esq
Francis Jones Esq
Capt Danl Tucker

Passd. and allowed Mr James Richardson (Clk. to the Assembly) bill of L7.1.4.

Pass'd an Act for repealing an Act intituled an Act to prevent the destruction and transportation of palmetto topps & brooms; as also for repealing an Act for addition & amendment to the aforesaid act.

Upon reading it his Board part of a minute of Council of the 4th day of May 1725, in the words following (vizt)

"All of which being taken into consideration it is the opinion of the Board that the affair does not lye before them" and His Excellency having desired that the said part of that Minute might be explaind. It is thereupon the unaminous opinion of the Council, as well as of the members who were present, that thereby was meant and it is to be understood that His Excelly the Governor only, had power and authority to take cognizance of the affair then in dispute and depending between Capt George Tucker, Provost Marshall and Mr Robert Dinwiddie; and that it lay with His Excellcy the Govr alone to keep the Provost Marshall to his duty.

It is of the opinion and advice of this Board that the Chief Justice and Judges of the Assize do not for the future suffer or allow of any blank writts or executions to be issued, but such writts and executions only as are perfect and compleatly filled up and signed by themselves.

Upon reading a petition of Samuel Smith of Pembroke tribe to His Excellency the Governor witht he papers produced at a hearing before His Excellcy between the said Smith and one Willm Pitman mar for wages, together with a clause in His Excellcy commission as Vice Admiral, it appears tht that affair was entirely cognizable before His Excellency and that it has always been the custom for matters & disputes of the same nature to be determined by the Governor's here as Vice Admirals, and in the very same manner.

Coll. John Trimingham, Francis Jones, & John Butterfield Esqrs are appointed a committee to compare the copys of His Excellcys instructions (which he intends to leave for the use of the President) with the originals. An Andrew Auchinleck Esq and Cap Daniel Tucker are appointed to examine & compare the copys of His Excellys commissions as Governor and Vice Admiral with teh originals so soon as the same can be got ready.

Eoden Die in the afternoon the Council sate.
Present:
His Excellency the Governor and the same members as in the forenon

Upon reading a bill intituled "An act for raising a quantity of timber, plank, and lime necessary for the repairing the Castle & other fortifications of these islands, it is desired by His Excellcy and the Council that a committee of the Assembly be immediately appointed to meet a committee of three members of the Council in order to have a conference on that affair, at the house of Mrs Margaret Zuill.