other persons are joined in Commission with the Judges in England in lease of life and death, except in the Circuits, for that its frequently done there. And the Gov' further caused to be read at the Board that part of His Lett' to the Board of Trade, wherein the several objections mentioned in the Councils Representation are stated that it might appear to the Council that he had fairly Recited the same. And it being observed by the Board that in the said Representation it is not expressly alledged that no such joint Commiss" are granted in England, but only that no other gent" are ever added to the Judges in Criminal Cases tryed in the Kings Bench. Such of the Council as signed the said Representation did thereupon desire the Gov' to Transmitt a copy thereof to the Lords Commiss" of Trade. That their Lordships may have the whole matter under their consideration.

At a Council held at the Capitol the 3d of November, 1716. Present: The Gov', Edmd. Jennings,* Robt. Carter, James Blair, Phillip Ludwell, John Lewis, † William Bassett, Mann Page, Edmund Berkeley, Esq.

* Edmund Jenings, of "Ripon Hall," York county, Virginia, son of Sir Edmund Jenings, of Ripon, Yorkshire, England, and his wife, Margaret, daughter of Sir Edward Barkham, Lord Mayor of London 1621-22, was born in 1659, and died December 5, 1727. He came to Virginia at an early age; was Attorney-General in 1684; was appointed to the Council in 1701, and remained a member until his death. In 1704 he was appointed Secretary of State, and from June, 1706, to August 23, 1710, was acting Governor. Later he would have again become acting Governor, but was set aside on account of his feeble health. He married Frances, daughter of Henry Corbin, of “Buckingham House," Middlesex, and had several children. His daughter, Frances, married Charles Grymes, of "Moratico," Richmond county (and was ancestress of General R. E. Lee). Another daughter, Elizabeth, married Robert Porteus, of "New Battle," York county, who afterwards removed to England, where she became the mother of Beilby Porteus, Bishop of London. Governor Jenings also had one son, Edmund, who was Secretary of Maryland. He married, in 1728, Anana, widow of James Frisby and Thomas Bordley, and daughter of Mathias Vanderheyden, by which marriage he was father of Ariana, who married John Randolph, of Virginia, and was mother of Edmund Randolph, first Attorney-General of the Untited States; and a son, Edmund, who died unmarried in 1819.

+ Colonel John Lewis, of "Warner Hall," Gloucester county (an

On reading at the Board Sundry Letters from Coll. Eden, Go' of North Carolina, signifying that he hath declared war against the Saraw Indians and desiring the Assistance of the Government for cutting of that Nation. It appearing to the Board by the aforesaid Letters, that the occasion of the war which the Governm' of North Carolina have thought fitt to enter into with the Saraws, is grounded upon a Rencountre between some of the Inhabitants of that Province and a party of Indians supposed to be the Saraws, wherein the English were the Aggressors, and attacked the Indians first without any Provocation given on their part. This Board are of opinion that it is not advisable for this Government to assist in a war so unjustly begun, and especially considering that the Saraws were under a Treaty with us (by the consent and approbation of the Government of South Carolina), and have the Publick faith for their Safe passage into this Government for concluding a Peace. And therefore the council do approve of the answer which the Gov hath already given Coll. Eden on this occasion as agreeable to sense of this Board.

At a Council held at the Capitol, Ap" ye 2d, 1717. Present: The Honble the Lieut. Cov', Edm Jennings, Robt. Carter, Mann Page, James Blair, John Lewis, Phillip Ludwell, Nath'l Harrison and Edmund Berkeley.

Upon reading at this Board a report of Fran' Kenedy, Esq', Containing an acct. of His Negotiations with the Gov of So. Carolina purs' to the gov" Instructions given him in that behalf for obtaining the performance of the sev' Articles on the Treaty of allowance made between that and this Gov'. It appearing to this Board that the said Government of Carolina have no inten

estate he acquired with his wife, Elizabeth, daughter of Augustine Warner, Jr.), was born in 1669, and died in 1725. He was a member of the Council —, and had issue (as shown by the Abingdon Parish Register): I. John, probably born 1694, of "Warner Hall," and also of the Council; married Frances ; II. Charles, of "The Byrd," born

1696; III. Robert, of Albemarle county, baptized May 10, 1704, died 1766. Colonel John' and Frances Lewis had (as shown by the register): I. Warner, born 1720; II. ————————, born 1723; III. Fielding, born July 7, 1725; IV. John, born 1728; V. Charles, born 1729.

tion to performe any of their engagem' whereby the Inhabitants of this Colony Listed as soldiers here for the assistance of that Province, are greatly deceived & predjudiced, and the M" of divers of the said Soldiers not only disappointed of any Recompences for the loss of their Serv's time, but even the said Serv themselves, who are not returned according to the said Treaty. It is therefore the unanimous opinion of this Board that it is fitt the Injustice of that Province towards the Peoples of this Colony be represented to his Maty, that such measures may be taken as His Maj'ty in his Royal Wisdom shall judge fitt to oblige the Province of So. Carolina to make good their Engage'mts and the Governor is prayed & desired to represent the same accordingly.

And it is further ordered that the thanks of this Board be given Mr. Kennedy for the troble he has taken in the Service of this Government at South Carolina, and because this Government is not in a Condition (by reason of the s'd deferency of its Publick Revenue) to give him a Recompence suitable to his said Service; The Gov' is desired to recommend the said Mr. Kennedy to the Honble the Lords Comm's for Trade, that by their Lordships Interest and good offers, a suitable Reward may be obtained for him.

At a court held at the Capitol May 4, 1777. Present: The Governor, Edward Jennings, Robt. Carter, James Blair, Philip Ludwell, John Lewis, William Bassett, Nath' Harrison, Mann Page, Edmund Berkeley, Esq.

The Board having taken into further consideration the affront offerred to this Government by the Smoqua Indians in attacking the Callabaws while they were at Christawa given pledge for their Fidelity and Peaceable Deportm't to his Mag" Subjects and while they had the Publick faith for their Security. And consid'ing how much it concerns the Honor of this Government that the Callabaws prisoners taken on that occasion be released & sent back. The Council are therefore of opinion, that a message be sent to the Tuscororas Indians signifying to them that as the Senequa who committed this outrage were for some time before at their towns, and that sundry Tus were also in their Company at Christiana. This Government must look on their

nation as accessory, unless the said Tus do set at liberty the Callabaws prisoners if at their Towns or procure them to be set at liberty if they are carried to Senequa Country. That if they shall at any time hereafter harbour or correspond with any Indians whatsoever who shall committ any act of hostility on the Inhabit of Virginia or its Tributarys, this Government will revenge the same on the sup° nation.

And this Board are further of opinion, that the Gov' of N. York be des to interpose his good office for the liberty of the Captives if they are among the Senequas. And for restraining for the future the Indians under that Governm' or in amity with it, and for as much as it is for his Majesty' service and the safety of this Colony that some speedy measure be taken to prevent the incursions of the Senequa Indians on the Frontiers. It is the opinion of this Board that a fitt person be sent to New York who by discoursing with the said Indians may be able to induce them to renew and continue the Peace with this Government in 1685, and with the permission of the Gov' of New York to negotiate a Peace between them and the Callabaws and other Western Indians.

And whereas the proposal has been communicated to this Board from the Virginia Indians. *that they are willing to contribute one half of the charges for sending such a person as may be fitt to negotiate with the said Senequa Indians. This Board do accept of the said offer. And it is ordered that the other half of the said charge be defrayed out of his Majesty' Revenue of 2s. p. hh., the same being for his Maj'ty service and the preservation of the Peace of this his Mag'ty Colony.

And for preventing hereafter the unlawful Traffique and Correspondence with the Tuscororer, which has already had such dangerous effects on the Hon' and Safety of the Government, as that it is much to be. *Intelligence has been given by such Illegal Traders both to them and the Senequas of the condition of the fort of Christiana, and the manner of the Western Indians encamping there; which encouraged the Senequa Ind: to attack the said Western Indians. It is ordered that a Proclamation issue strictly prohibiting all persons from trading, corresponding.

At a Council held at the Capitol the 12th of Novem', 1717. Present: The Honble the Lieut: Governor, Edmund Jenings, James Blair, Philip Ludwell, John Smith, William Bassett, Nath" Harrison, Mann Page, Esq'.

The Governor acquainting the Council that by the Repeal of the Act for the better Regulation of the Indian Trade, the Virginia Indian Company is dissolved, Which has hitherto kept up the ffort of Christiana, maintained the guard & supported the Hostages of the Southern Indians and desiring the Advice of the Board, how the sd Fort & Guard shall be maintained for the future, and how the Hostages shall be disposed of if it be thought fitt to Slight that Fort.

The Council do there upon declare their opinion that the maintaining the said Fort & guard and keeping the hostages is a conveniency & Security to this Government, and that therefore the said Fort be maintained and the Hostages kept untill the Meeting of an Assembly Since it may prove of dangerous consequence to dismantle the one or return the other at a time when the Northern Indians threaten the destruction of our Tributarys Settled at that ffort, and that the late murders comitted by the Indians on the English at Roanok River and other parts of North Carolina give just apprehensions of future hostilitys on that ffrontier of this Colony wch that Fort was intended to defend.

And in regard the late Indian Company have their effects at the said Fort (which probably they cannot immediately remove) and have made preparations for putting the same in better Repair.

This Board are further of opinion that it be recommended to the s company to go on with repairing the Fortifications & continue the same guard as formerly and also to take care of the Hostages untill the Generall Assembly shall take measures therein, assuring them that the Government will reimburse the charge thereof, And whereas the said Company have by opening a Trade Settled a good correspondence with the Southern Indians which may be interrupted again if the said Trade should be discontinued before the General Assembly should have made pro