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TRENT UNIVERSITY
LIBRARY

Digitized by the Internet Archive
in 2019 with funding from
Kahle/Austin Foundation

https://archive.org/details/executivejournal0001virg

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EXECUTIVE JOURNALS

OF THE

Council of Colonial Virginia

Vol. I

(June 11, 1680 — June 22, 1699)

PUBLISHED BY

The Virginia State Library

H. R. McILWAINE

EDITOR

RICHMOND:

Davis Bottom, Superintendent of Public Printing
192S

5

V m A

ft A

LIBRARY BOARD
VIRGINIA STATE LIBRARY

R. T. W. DUKE, Chairman

LYON G. TYLER

C. V. MEREDITH

MRS. G. HARVEY CLARKE

BRANCH JOHNSON

qq0S®

PREFACE

There have already appeared, published by the Virginia State Li¬
brary, the “Journals of the House of Burgesses of Virginia” (13 vol¬
umes), the “Legislative Journals of the Council of Colonial Virginia”
(3 volumes), and the “Minutes of the Council and General Court of
Colonial Virginia” (1 volume). The word “journals” might have been
substituted for the word “minutes” in the title of the last-named
volume, since the volume contains the proceedings of the Council and
General Court in final form, just as the set of “Journals of the House of
Burgesses” contains the proceedings of the House of Burgesses in final
form, and the set of “Legislative Journals of the Council of Colonial
Virginia” contains the final form of the proceedings of the Colonial
Council functioning as a legislative body. However, the word “min¬
utes” seems to have been largely preferred to “journals” by writers of
Virginia Colonial history as applied to the proceedings of the Council
and General Court before 1680, when separate sessions for the trans¬
action of different kinds of business had not begun to be held.

Unfortunately, the transactions of the General Court (the Council
acting, with the Governor, in their judicial capacity) during the time
that the Court had special sessions for attention to judicial business
were burnt up in the fire that destroyed the State Court building the
night of the evacuation of Richmond, in April, 1865. Since copies of
these proceedings were not as a usual thing transmitted to England —
only copies of a few now and then which were of more than local Vir¬
ginia interest — there will be no separate volume printed by the Vir¬
ginia State Library containing the transactions of the General Court.
Such proceedings of the General Court, however, as were transmitted
to England have been copied or will be copied and included in the series
of volumes of which the present volume is the first. The attention of
the student especially interested in the General Court is called also
to two printed volumes entitled “Virginia Colonial Decisions”, con¬
taining Sir John Randolph’s and Edward Barradall’s reports of the
decisions of the General Court of Virginia, 1728 — 1741.

With the present volume begins the series of “Executive Journals
of the Council of Colonial Virginia” — a series which will be composed
of a considerable number of volumes. The Council in Colonial Virginia
had legislative, judicial, and executive functions, in the latter of which
it acted chiefly as the adviser of the Governor. The amount of time
spent in the performance of these functions was as great, probably, as
that spent in the performance of the other two functions combined,
and the minutes, or journals, of the proceedings are in the aggregate
voluminous.

This first volume contains, in addition to the executive journals
proper, a few proceedings of the General Court, as noted above ,and,
in the Appendix, all that part of the “Randolph Manuscript” that ap¬
pears to be pertinent. The “Randolph Manuscript”, in the Virginia
Historical Society Library, so called because it was at one time in the
possession of John Randolph of Roanoke, is a copy of a manuscript

M

book in the Library of Congress called the “Bland Manuscript”, which
might itself be more properly called the “Randolph Manuscript",
because it was made for Sir John Randolph, about the year 1722, when
he was collecting material for use in writing a history of Virginia. _ It
is a large bound volume of transcripts and abstracts of early Virginia
records, f The portion printed in this book is the latter part of the
manuscript and contains excerpts and abstracts from General Court
records, from the journals of the Council as an executive body, and
from other books of record of the Council. These give much cognate
information not contained in the Council journals themselves. The
dates are from December 20, 1677, two years and a half earlier than
the first journal entry in this volume, to May 25, 1693. In the Ap¬
pendix there is also printed a report from the Governor and Council
in 1673 of an attack by the Dutch on the Virginia merchant fleet, se¬
cured from the British Public Record Office, and two orders of the
Council of Virginia, secured from the same source, not contained in
the copies of the journals sent over to England in regular routine.

The text of the journals printed in this book was obtained in its
entirety from the British Public Record Office. The original journals,
which ought to be in Virginia, have long since disappeared. It is ex¬
tremely fortunate that on January 14, 1679/80, the Lords of Trade
and Plantations, the committee of the Privy Council that had in charge
the affairs of the colonies, at the same time that they ordered the clerk
of the House of Burgesses (at that time called “Clerk of the Assembly”)
and the clerk of the Council as a legislative body (at that time called
“Clerk of the General Assembly”) to transmit copies of the proceed¬
ings of the two chambers, respectively, ordered the Secretary of the
Colony to transmit, quarterly, copies of all important papers passing
through his hands, and the Governor and Council to send quarterly
accounts of their actions. Similar orders were sent to the authorities
of the other colonies. The result has been that anyone who wishes to
study the governmental history of the American colonies as a whole or
of any one of them in particular is compelled to go to the British
Public Record Office for his most important sources of information.

So far as Virginia is concerned, the order to the Governor and Coun¬
cil is not found in any of the records in Virginia that have survived
the ravages of time. A copy of it is still in the British Public Record
Office, however, and a rather full abstract is given in the “Calendar of
Sta.te 1 apers, Colonial Series, West Indies and America.” In the ma¬
terial from the “Randolph Manuscript”, printed in the Appendix of
is volume (see p. 485) is also found an abstract of the paper. This

T?Wu,iSmay • ^marked, the importance of the material in the “Ran¬
dolph Manuscript”

The Governor and Council did not, it appears, at the beginning
construe the order as compelling them to send over complete copies of
• f ^U,?CI J°ur(ia^s- For some time, only copies of what were con¬
sidered the most important items were sent. How long this continued,
it is not at the present writing practicable for the editor to say. When,

Manuscript” f t0 thre “Bland Manuscript” and the “Randolph

xxxiii, and the Lotions tire BurgeSSeS °f Virginia’ 1619-1658/59”, p.

however, the transcripts received at the Virginia State Library from
England shall overlap in date the originals (or early copies) still pre¬
served here, the question may be answered after a comparison of the
two sets of papers.

That full copies were not sent over to England is inferred from the
fact that the two orders given in the Appendix (see pp. 536 and 537),
dated 1680 and 1683, respectively, are not found among the proceed¬
ings for those years transmitted in regular course, but in a paper con¬
taining copy of the proceedings of the Council from September 25, 1680,
to April 22, 1707, in reference to the boundaries of Virginia and North
Carolina, sent over in 1708. With copies of these two orders were
then sent copies of orders on the same subject dated 1688, 1690, and
1691, already transmitted. Evidently the Council did not at first
think the omitted orders of sufficient importance to copy for trans¬
mission, but changed their minds when the question of the boundary
between Virginia and North Carolina became a burning one. Either
that, or Mr. Secretary Jennings, who by order was also required to
send important information to England, thought it best in 1708 to
transmit copies of all orders of the Virginia Council in reference to the
Virginia-North Carolina boundary.

The inference that there were omissions in the copies of proceed¬
ings sent to England is also drawn from the fact that the “Randolph
Manuscript” has abstracts of items not in the transcripts now being
received from England, which must have been obtained by the com¬
piler of the original “Bland Manuscript” from the original journals
and not from the other record books of the Council in existence at
the time the compilation was made. This hypothesis accounts also
for the lack of strict chronological order of the entries, which is a notice¬
able peculiarity of the text. The procedure probably was that the
clerk of the Council copied the items he thought important and then,
if on re-perusal of the journals he was convinced that something of value
had escaped his attention made good the omission without re-copying
the whole. After this, no doubt, on his reading to the Council for their
approval what he had copied, the members and the Governor would
call attention to still other items that might be considered of sufficient
importance to copy for transmission.

It has been thought best by the editor of this volume to have the
text conform to the order in which the items were sent to England,
rather than to make a strict chronological arrangement. This plan
has the advantage of showing the order in which the copies sent to
England are now preserved in the large, bound manuscript volumes
in the British Public Record Office. The proceedings when sent to
England were not there copied into books, but the various install¬
ments of the proceedings, on paper of a standard size and of the best
quality, were themselves bound into books. The paper for recording
purposes was secured in all the colonies from England, and keeping a
sufficient supply of it on hand was not always a simple matter. It was
at least once in the period covered by this volume the subject of inter¬
colonial borrowing. (See page 465.)

The proceedings show the Council dealing with all sorts of subjects.
The line of demarkation between the functions of the Council as an

[vii]

executive or advisory body and as a judicial body was not clear. Many
of the questions appear to be judicial rather than administrative. Laws
had not yet been passed covering the cases, or the Council did not
recognize them as applicable. When there was such law and such re¬
cognition, the cases were referred to the courts. There are numerous
instances. Occasionally the proceedings appear to be, on the surface,
of a legislative character. But closer inspection shows that the bills
were not being considered with a view to their passage by the Council
but with a view to giving the Governor advice as to the exercise
by him of the veto power. See, for instance, the first entry for May
17, 1695, which commences “Upon Consideration of the Bill con¬
cerning the Tare and Size of tobacco hogsheads”. The legislative
journals of the Council for the session of the General Assembly then
being held are in existence and show* that the Council as the upper
house of the General Assembly had already passed this bill, the Gov-
ernot himself, as was customary at that time, being present. The Coun¬
cil as the Governor’s advisory body was now considering it in order
to give advice as to whether or not it should be vetoed.

See top of page 356 of this volume for a discussion in the Council of
a special legislative situation. In the second paragraph from the bot¬
tom of page 394, provision for the drafting of a bill is referred to. The
drafting of bills, however, is not necessarily a legislative function. The
bills in these early times were, no doubt, very largely drawn by mem¬
bers of the Council, men of a broader experience as a usual thing than
were the members of the House.

In the text, as printed, the spelling, the punctuation, and the capi¬
talization of the originals have been faithfully preserved. So have
the pecularities of “superior” letters and abbreviations in so far as
these can be represented with modern type. But the special type used
in printing the Journals of the House of Burgesses” and succeeding
volumes published in the past few years by the Virginia State Library
to represent the manuscript characters indicating abbreviations have
been discarded, and the words have usually been printed in full
There are no long “s’s”; the interchangeable “u” and “v” have been
printed either “u” or “v”, in accordance with present style; double
f at the beginning of a word appears as “F”. In a word, the printing
has been largely modernized as compared with the printing of the
Journals of the House of Burgesses of Virginia”, etc. This has been
done in the interests of economy and to make the reading easier.
H?wf,yfr’ y for th (“ye” for example, for “the” and “y‘” for
i H ’ js „en r.etamed; and this, with the retention of “superior”
letters and abbreviations— where possible— gives the page an archaic

?£n ea/aJ^ m ke-epi,ng ™th trhe Phraseology, the spelling, the punctua-
Jhe capitalization of the original. Attention should, however,

curateBmn wu A§- the sPelling is somewhat more inac-

than lt: 15 the original, for in the original double letters within

letters wbh USUa £ though by no means always— written as single

letters hL OV6*i tkem’ indicating the omission of one of the

tters. Hence the word command”, for instance, usually appears

in_the original as “comand”, with a curved mark over ^he “m”!

‘See “Legislative Journals of the Council of Colonial Virginia”, vol. 1, p. 221.

1 viii ]

whereas in the text there is no mark; “c” with a curved mark over it
stands in the original for “ti”. In the text there is no curved mark,
“menconed,” for instance, appearing for “mentioned”. The student
especially interested in the spelling exhibited in this volume — but
such a one, it is supposed, will certainly be rare— should remember
this caution.

NOTES.

Before the “copy” for the volume was submitted to the printers
it was read over by the editor, and a few explanations of difficulties
were made by means of words or even sentences enclosed in brackets.
Other difficulties, or what might be difficulties to some readers not
having a comprehensive dictionary at hand, appeared while the proof
was being read and still others when the index was being made. Hence
it was determined by the editor to add the following notes:

1.

1 M

2.

3.

4.

5.

6.

7.

8.
9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.
21.
22.

23.

24.

25.

26.

The conjunction “than” is almost always written “then”. Instead of “jail” or
“gaol”, “goal” appears throughout.

. P. 1: In list of members of the Council, the name of Joseph Bridger is errone¬
ously given as “John Bridges” — a copyist’s error.

P. 2, 1. 7: “Front” is used for “affront”.

P. 9, paragraphs 2 and 3 : The fort duties, or port duties, as they were at this
time indifferently called, were earlier frequently also called castle duties. At
first, they were paid in powder and shot by the captains of incoming ships in
proportion to the carrying capacity of their ships. Later, payment in other
goods was allowed, and, still later, payment in money required, at the rate of
one shilling and three pence for each ton burthen. At this time there was one
port on each of the following rivers: James, Nansemond, York, Rappahan¬
nock, and Potomac, built in each case by an “association” of contiguous con-
ties. (See Hening, II, 255-259).

The head money here spoken of was the six pence per poll required to be
paid for each person imported into the Colony.

P. 13, 1. 38: “carriages of the Nanzattico Indians” means simply their conduct.
P. 16, 1. 28: “all large” is a misprint for “att large” (at large).

“implicite hast” means unqualified haste.

“sett a mading” means made unreasonable.

“hampiers” — so in copy — means simply hamper baskets.

“broken up” means broken open.

“prevalency of Col. Codd” means dominance of Col. Codd.
“nammer” is a misprint for “manner”.

“unassaied” stands for “unessayed” (untried).

“detainer” means detention.

“rwo” is a misprint for two.

“president” is used, as almost always, for “precedent”.

“walking on broad” means walking abroad.

“letts” stands for “lets”, meaning hindrances.

“was” should be “wax”.

“beat up drums” means simply beat drums. The “up” was us-
usally put in at that time.

P. 121, 1. 17: “outcry” means an auction.

P. 150, 1. 38: “no purchase no pay” means no plunder no pay.

P. 264, 1. 29: “inch of candle” means an auction sale at which a small piece of
burning candle measured the time.

P. 283, 1. 34: “to officiate the aforesaid” means to perform the duties of.

P. 299, 1. 14: The word “the” before “Coll. Griffin” is evidently a copyist’s
error for “tho’ ” (though).

P. 310, 1. 16: “benifists” means holders of benefices or livings. It appears to
be a manufactured word.

P. 311, 1. 26: “breifs” is for “briefs”, meaning subscription lists.

1. 27
1. 48
1. 27
1. 25

P. 17, 1. 5:

P. 19, 1. 37
P. 20, 1. 37
P. 36
P. 57,

P. 72,

P. 73,

P. 75, 1. 22
P. 79, 1. 48
P. 80, 1. 31
P. 86, 1. 44
P. 89, 1. 12
P. 101, 1. 21:
P. 105, 1. 41:

IX

27. P. 321, 1. 13: “Ordered that the said Letter be Entered in the Councill Booke’’.
This and other references show that the Council had a book additional to the
Minute Book or Order Book or Journal — the book in which the proceedings of
the Council were entered — in which were copied letters and other papers of im¬
portance — commissions and instructions to governors, orders to the Governor
and Council, letters, etc. The compiler of the “Bland Manuscript” had access
to this volume or these volumes and made valuable notes from them. These
records were kept from the earliest times.

28. P. 322, 1. 36: “state” means statement.

29. P. 331, next to last line: “horser” is intended, probably, for “hauser”.

30. P. 340, 1. 23: “comport” means behavior.

31. P. 346, 1. 37: The groat, the coinage of which in England ceased in 1662, was

still in 1696 a money of account. It was worth 4 pennies.

32. P. 347, 1. 10: “express” means dispatch.

33. P. 357, 1. 34: “association” here means the agreement entered into by the

members of the House of Burgesses, similar to the one drawn up in England,
on the escape of William III from assassination, to defend the life of the king
and to uphold the Protestant succession to the throne.

34.

35.

36.

37.

38.

39.

40.

41.

P. 371, 1. 26: “amuses”
17th and 18th centuries.
P. 379, next to last line:

P. 380, 1. 18
P. 381, 1. 38
P. 386, 1. 25
P. 396, 1. 3:
as the “salts’
P. 402, 1. 34:
P. 404, 1. 15:

42.

43.

44.
44 34

45.

46.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

means deceives, the usual meaning of the word in the

“damnified” means injured.

"amove” (or as written “a move”) means remove,
“commissionated” stands for “commissioned”.

“Caroso”. The editor has been unable to identify.

The “freshes” were the lands on the fresh water part of a river,
were the lands on the salt water part.

“pressed” is used for “impressed”.

“privatiers” is written for “privateers”, and means here those
serving on private men-of-war. The ships, and not the men, were after
1664 usually called “privateers”. The word referred as a general thing rather
to the vessels than to the men aboard, but also, as here, to the crews. Many of
these vessels had only imaginary or forged letters of marque and were little if

ar?y than pirotical craft. The word “privateer” was almost synonymous

with pirate .

P. 409, 1. 20: “Mr. Sherwood” should be “Mrs. Sherwood”.

P. 412, 3rd paragraph: This ambitious order for taking a census of the Colony
was not carried out. In 1702, however, a complete rent-roll was made, which
has been recent y printed in the “Virginia Magazine of History and Biography”.
P. 413, 1. 37 : “presidents”. See note 15. ^

d "dishersion” is a misprint for “disherison”.

d JTo I" i(' c9nvened” means summoned or brought.

P. 468, 1. 8: “evidences” means witnesses.

P. 468, 1 39: This line is printed exactly as it is in the original, but evidently
the word been has been omitted by the copyist

P 1??’ I1 t? : (‘i‘interg.at:orys” stands for “interrogatories”.

Put his neck uP°n >t” means that the speaker would risk his
neck on the correctness of his statement.

a 'mistake 'for “hor'se^ “h°USe” ^ ^ “ the °rigina1’ but k is evidently

p I77’ I’ k: “just" means ProPerly pertaining.
d Aon 1 * scandalizing” means slandering.

nr! ,lne3 24 and 25: these two lines, printed as they are in the original

in 1 24 andb‘fihbeC yafr0P1‘” ' f Ther® sh,?uld de a “to” in front of “whatsoever”
P 480 f To- -‘y “‘"formation” in the next line.

“produced”.’ proceeded is in the original, but it may be a copyist’s error for
ability”1' 37 ' ability”: 50 in the original, but it should, of course, be “in-

feitly 'll “ the °rigi"al' The ™rd

P. 482, I. 9. get ’ is a typographical error for “yet”.

59. P. 488, 1. 40: “impeacheable” means questionable.

60. P. 492, 1. 28: “hanging the plea” means pending the determination of the plea.

61. P. 494, 1. 14: “suddenly” means immediately.

62. P. 498, 1. 26: “complices" means accomplices.

63. P. 498, 1. 42: “irreguar” is a misprint for “irregular”.

64. P. 500, 1. 22: “wodfels” follows the original, but it should be, probably, “wool-

fels” [woolfells].

65. P. 505, 1. 22: “capstorm” should be “capstan”.

66. P. 509, 1. 1: “arts” is a misprint for “parts”.

67. P. 509, 1. 32: “place” is in the original, but it should be, probably, “plea”.

69. P. 510, 1. 25: “reviving” is probably a copyist’s error for "revising”.

68. P. 509, 1. 37: “whilst” means here till.

70. P. 510, 1. 31: This line is printed as in the original. However, after the word

“excellency” some such words as “would call” are evidently omitted.

71. P. 511, 1. 40: “landslip” is used for “landscape”.

72. P. 513: In the original the word “dead” is written in the margin alongside
the name of Robert Smith. Similarly “Displaced by his Majesty” is written
in the margin by the name of Philip Ludwell.

73. P. 514, 1. 7: “retrencht” means omitted.

74. P. 518, 1. 46: “anded” — so written in the original. It should be, however,

probably, “aided”.

This item must have been taken by the compiler of the manuscript from a
record book of the Council other than the journal, for in the journal there is no
corresponding entry.

743^. P. 520, 1. 8: “Dun” is copyist’s mistake for “Dunbarton”.

75. P. 522, 1. 43: The line is printed as in the original. Several words have evi¬

dently been omitted, but the sense is clear enough.

76. P. 523, 1. 11: “dispensed” — so written, but evidently a copyist’s error for

“dispersed”.

77. P. 523, 1. 21: “fact” means deed.

78. P. 526, par. 3: This paragraph is printed as written in the original. The sense
would be made clearer by the insertion of the words “that they” after “Plan¬
tations” in line 5 of the paragraph and the words “be made” inserted after the
first “courts” in line 6.

79. P. 526, 1. 30: “chirurgeons” means surgeons.

80. P. 526, 1. 33: This line is printed as in the original. The word “surety”, how¬

ever, ought evidently to have been written after the word “being” toward the
end of the line.

81. P. 527, 1. 24: The word “customers” is probably a copyist’s error for “com¬

missioners”.

82. P. 528, 1. 11: “mind” means remember.

83. P. 534, 1. 19: At the end of the line the word “woods” has been omitted.

“Much in the woods” means in great difficulties.

Executive Journals of the Council
of Colonial Virginia

(From the Public Record Office, London, Colonial Office,

Class 5, Vol. 1405.)

At a Councill held at James City 11th June 1680

His Excellency
Sr Henry Chicely Id Gov1
Nich Spencer Secry
Coll Nath: Bacon
Majr Gen11 Rob‘ Smith
Coll John Bridges

Present

Ralph Wormley Esqr
Majr Rich. Lee
Coll Aug: Warner
Coll Jn° Custis
Coll Tho Swan

Whereas in the last Generali Court held the 15th of April! a dif¬
ference was then and there depending between Mrs Sar: Bland as
Attorney of her husband Mr Jn° Bland of London Merc1 & Coll S*
Legr Codd as intermarrying wth Mrs Anna Bland Executrix of Theo:
Bland Esqr deceased In wch the Jury found for Col S* Legr Codd deP
and that Verdict confirmed by the Court from which Judgenff Mrs
Bland appealed to the King and Councill, whereupon the Court
replied Appeales immediately lay from the Gen11 Court to the Assemb¬
ly, wch she refused to accept, but this day moved this Board she might
bee allowed an Appeal to this Gen11 Assembly to wch Coll S* Legr Codd
called to answer, replyed, he was wholy unprovided not expecting
this motion of Mrs Bland, and not having timely notice hoped should
not be required at present to answer, which being considered this
board are of the opinion, and accordingly do resolve that an Appeale
lyes to the next Generali Assembly

Hen: Hartwell Cl Con.

16th June 1680.

Whereas Mr Wra Pope at the last Generali Court obteined Judge¬
ment for payment of 4827 lb of Porke upon wch Judgement, Execution
issued agst the Estate of the said Spring, which Said Execucon being
levied by the Sheriffe apprizers were summoned to apprize the Porke
woh being done the sd Pope complaines that the Apprizers had no
power nor Command to make Appraizemeffi of the sd Porke, and both
parties now appearing, as also the Sheriffe and Appraisers, & through
[thorough] Examinacon and debate being had in the matter This Board
do adjudge that the Appraisers ought not to have valued the Porke,
and therefore do now value the Porke at sixteen shillings per hundred,
and do order that after discount of the sd Popes Bill of Exch a for twenty

2

Executive Journals, Council of Colonial Virginia

pound to the said Spring and Costs on that Suite, the sd Mr Robert
Spring pay the ballance with Costs and the said Pope to have Mr
Sherwoods bond delivered to him.

H. Hartwell Cl Con

The 7th June 1680.

Whereas there was formerly a difference happened between Herb¬
ert Jefferies Esqr and Col Phil Ludwell. Wee do declare that the sd
Coll Phil Ludwell was alwaies ready to make his Acknowledgend for
the Front he had offered to the dignity of the place Coll Jefferies stood
in, and that he did request us his Majt,s Councill then present to move
for him on that behalfe, which was accordingly done by the whole Body
of the Councill then present, but would not be accepted by Coll
Jefferies, and for any other Crime Wee know of none he committed in
any Station either publick or private, It is therefore moved by the
whole Councill ( nemine contradicente ) this day to his Excellency that
they were very sencible of the want of that Assistance they for' many
yeares in Councill have had from Coll Phil Ludwell whose good Abili¬
ties known Integrity and approved Loyalty rendred him not onely
fit but most necessary to serve his Majesty, and this his Colony in
that eminent Capacity, and therefore do not onely move but most
earnestly request his Excellency to readmitt and receive Col Phil
Ludwell to be one of the Councill of this his Majty’s Colony as well
knowing it will greatly tend to a well advised carrying on the weighty
affaires thereof.

Hen: Hartwell Cl Con.

The 15th June 1680.

Mr Wm Thompson further moveing his Excellency and the Coun¬
cill that his Complaint might be inquired into, Some Gentlemen of the
Vestry of Southwark parish being then present delivered what then
they had to say in the matter upon the hearing whereof Its ordered,
that the Vestry and the Parishioners of the said parish do convene
the 10th of July at the place of usuall meeting, and from thence to
report to his Excellency a true state of the matter and ground of this
Petition

Hen: Hartwell Cl Con

The 23 June 1680.

Coll Edward Hill of Charles City County presented to this board
a petition, setting forth that to his unsupportable grief he hath been
so ill represented to his most sacred Majty as to be a Marke of Royall
displeasure though wholy ignorant for what Cause but feared the
Actions of his Life, tho regular and inoffensive were to his unspeakable
disadvantage represented Therefore humbly prayed this Board would
be pleased to give his Excell oy Thomas Ld Culpepper his Majts Leiu‘
and Governor Gen11 of this Colony such a Charecter of the Petitioners
demeaner and behaviour of Life, as in their discerning Judgemts and
full knowledge of him he deserves, and might justly be his due.

In answer to wch petition this Board do as in Right ought certify
to his Excell oy that to the most of them Col Edw: Hill hath been well

Executive Journals, Council of Colonial Virginia

d

known ever since his youth to this present time, and that he hath
alwayes been of good fame, clear Reputation and Integrity of Life,
and for many yeares hath served the King and Country with singuler
approbation both in Civil and military Imployments, and do further
certify that in our late unhappy distractions he gave signall demon¬
strations of his loyalty, his Sufferings, Losses and Imprisonmts were
strong manifest actions of the same almost to the Ruine of himself and
family. The Councill do therefore most humbly move his Exccy that
this most just and well deserved Charecter of Coll. Hill may be ac¬
cepted by his Excellcy And that he will be pleased so to represent him
to his most sacred Majty, that his honesty Loyalty and Sufferings may
be made known to his Majty and thereby be restored to his Majts
better opinion wch Wee humbly conceive will greatly tend to his Majts
Service, and this Countrys satisfaction

Hen:Hartwell Cl Con

At a Councill held at James City June 23 d 1680.

Whereas Mr Jn° Wright Minister this day by his Petition com¬
plained that one Mr Jonathan Davis contrary to all good order and
directions of the Church though not a qualifyed Minister without
leave given him assumed to himself the Liberty of the pulpit wch of
right belonged to the said Mr Jn° Wright Minister of Pocoton Parish,
and thereby gave disturbance wch if not timely looked into may pro¬
duce ill disorder: Its therefore ordered that Mr Jn° Wright and Mr
Johna Davis do personally appear before his Excy and the Councill
the 28th instant being monday about ten of the clock at James City to
the intent the Ground of the Complaint may be rightly understood

Hen: Hartwell Cl Con:

The 23 June.

Whereas Thomas Phillips a Negro by his Petition complained
that Mr Tho Fitts detaines him as a serv* notwithstanding he hath
served ye said Fitts the full time he ought to do: Its therefore ordered
that the said Thomas Fitts do personally appeare before his Excy and
the Councill the 28th instant being monday about ten of the Clock at
James City to the intent the ground of the Complaint may be rightly
understood

Flen: Hartwell Cl Con:

The 29th June 1680.

Whereas Wm Lennon attorney of Richard Lennon obteined Execu¬
tion on a Judgement for payment of a certain Summ of mony ag8t the
Estate of Bryan Smith, by virtue whereof a Negro Boy of ye sd Smiths
was by the Sheriff seized and valued, and then delivered to the said
Lennon, woh said Boy the said Lennon having left with the said Smith
and desireing an order of this Board for delivery of ye said Negro Boy,
Its ordered that the said Brian Smith forthwith deliver the said Negro
Boy to the said Lennon unless the .said Brian Smith on Satterday morn¬
ing next show good cause to the contrary, the said Lennon giving Mr
Smith timely notice thereof.

Hen: Hartwell Cl Con:

4

Executive Journals, Council of Colonial Virginia

The 3 July 1680.

Ben Hatchers Peticon

This Peticon being considered his Excy and the Councill have
thought fit, and do order that IP Coll Dan11 Clerke deliver all such pa¬
pers he hath in his hands that doth any way relate to the abovenamed
Daniell Prices Land to the said Ben Hatcher unless the said L* Coll
Clerk show good cause to the contrary at next Charles City Court.

Hen Hartwell Cl Con:

The 7th July 1680.

Coll Wm Birds Peticon to his Excellency.

IP Roger Potter recommended by ye Councill to be a fit person
for to command the Garrison at ye Head of James River

Hen: Hartwell Cl Con:

The 19th June 1680.

Whereas his most sacred Majty upon the Representation of the
Affaires of this Colony by his HonbIe Commrs Sr Jn° Berry and Coll
Fran. Morrison and their advice and Councill thereupon, in relation
to the articles made by them with the Indians (without consulting or
adviseing with your Majtys Councill here, or Assembly some short
time before sitting, and in severall points contrary to the opinion of
your Councill, and. as they have reason to believe of the whole Assem¬
bly also, and to the disadvantage of your Subjects here, was pleased
to send four rich Coronets with Robes Silver badges, and sev11 other
presents to four Indian Kings and Queens here so called, wch accord¬
ingly this day his Excy brought hither with intent to deliver to them
accordingly. The Councill being all present and considering, and
tearing those people may be heightened thereby especially by such
Marks of Dignity as Coronets, wch as they humbly conceive ought not
to be prostituted to such mean persons, doe therefore crave leave to
offer their opinions to his Excy in this weighty Affaire, and do unani¬
mously desire his Excy at least to forbear the delivery of the said Cor¬
betts untill his Majts Pleasure be further known wch they conceive
will be an acceptable service to his Majty and tend to the Welfare of
this his Colony. This Country haveing in its minority received from
the Indians fatal returnes for considerable presents given unto them,
and it hath alwayes been found a wrong way of manageing of those
people they esteeming presents to be the effects of fear, and not kind-
ness besides which severall other Neighbouring and more considerable
Indian Nations who have deserved of the English at least as well as
the called Queen of Pomunkey or anv of the rest, will be infinitely dis¬
satisfied therewith, and if not to the English themselves will shew
tieir Resentment at least against them which is almost as bad. Wee
emg by the Articles of Peace bound to protect them will necessarilv
mvolve us againe in their defence, in a most dangerable and chargeable

Hen: Hartwell Cl Con:

5

Executive Journals, Council of Colonial Virginia

The 3 day of July 1680.

This day his Excy being pleased in Councill to communicate the
Instructions from his most sacred Ivlajty, whereby his Majty’s high dis¬
pleasure is signifyed to a Representation made by ye Assembly of this
Colony in the year 1677. and his Excellency required and commanded
with the first conveniency after his Arrivall in this Colony to declare
his Majts high Resentment of that disloyall and seditious Declaracon,
and with the Assistance of the Councill to find out the Authors and
Abettors of the same: Upon mature Consideracon thereof the Councill
do offer to your Lordship that they well remember that his Majts late
Commisrs (tho there was an Assembly sitting long time after theire
arrivall here) did not ask the perusall of their Records till after its dis-
solucon, and then commanded them from the Clerk under pretence of
a Commission from his Majty wch they would never produce either on
that or any other occasion to any person whatsoever; however the
Clerk came wth them and offered to attend them therewith as long as
they pleased wch they refused, and took them from him by violence
upon woh the next ensueing Assembly being sencible of the proceed¬
ings of the sd Commissr8, and beleiveing they had no lawfull Warrant
for the same, and if they had that they ought to have been satisfyed
with their Clerks Attendance on them did make the abovenamed Re¬
presentation And considering it rather as a Mark of the Assembly’s
dissatisfaction to the Comm r 8 proceedings, then any disrespect to his
Majty’s Authority wch none here yet did ever dispute, And woh your
Lord p can particularly testify, all possible Care haveing been taken
for the producing all Records whensoever you have thought fit to
command it. And that the executing this Instruction will not onely
necessarylv beget a reply, and ripp up severall things now not fitting
to be insisted on (contrary also to his Majty’s own will and pleasure
expressed in his late Act of Indemnity) but disoblidge an Assembly,
which hath with entire Resignation complyed with all his Majty’3 Com¬
mands, and in great measure unravell, and disturb the good and
cheerfull settlement Wee are now in by your Excell cy 8 great prudence
and Conduct, wee do unanimously advise and beseech you to suspend
the Execution thereof till his Majtys pleasure be signified to the con¬
trary, wr0h (these weighty reasons considered) will wee hope never be.

Hen Hartwell Cl Con:

The 3 d of July 1680.

His Excy was pleased this day in Councill to communicate his
Majtye Instructions commanding the Repeal of an Act of Assembly
intitled an Act limiting times of receipts and payments of publique
Tobacco, as likewise an Act regulating ordinary Keepers prises of
Liquors, and an Act disposeing Americiamts upon cast Actions, To all
which the Councill do humbly offer their opinions as followeth: That
in the Act Intituled an Act limiteing times of Receipt and payments
of publique Tobacco, therein is conteined divers Clauses relateing to
different and particular matters: Some of which are most necessary
to be continued for the well Goverment of this his Majtys Colony Viz*
that part concerning Sheriffs and Collectors collecting publique Deeds

6

Executive Journals, Council of Colonial Virginia

and the Clause that no man shall he Sheriffe and Clerk, and Justice
and Clerk at the same time, and likewise that no person not born in
the Country shall be capable to bear any Office untill he hath been
three yeares in the Country. The Councill do therefore humbly begg
leave and unanimously advise your Exoy not to repeal the same untill
the aforesaid Clauses necessary to be continued can by a succeeding
Assembly be provided for.

Hen: Hartwell Cl Con:

In the Act regulateing ordinary Keepers prizes of Liquors do
humbly advise, and desire your Excy to suspend the repealing of the
said Act untill his Majty’3 Pleasure be further signifyed, onely finding
that part of the Act unfit to be continued wch gives to County Courts
the power of disposall of Forfeitures which may by a succeeding As¬
sembly be taken off

Hen: Hartwell Cl C on:

In the Act disposeing Amerciaments on Cast Actions The Coun¬
cill do advise, and most humbly desire his Excellency to suspend the
repealing thereof untill his Majtys Pleasure be further signifyed, be¬
cause the Amerciaments which became due are long since disposed of
by the severall Counties, and the repealing this Act will necessarily
imply the former act to be still in force, which will be very oppressive
to the poor people

Hen: Hartwell Cl Con:

Att a Councill held at Green Spring the 8th day of July 1680

Present

M -S' ?fell^y Thomas Lord Culpeper Baron of Thoresway his
Maj Leiu and Govern r Gen of Virginia.

Sr ?Tr-y, C0hicheley Knt L* Govern r Coll.’Phil: Ludwell
Loll. Mich Spencer Secry. Coll Wm Cole

Coll Nath . Bacon Auditor. Coll Rich : Lee.

Coll JosfPh Bndger Coll Jn° Custis.

his M^tV. rntHem r<eT’ a"d, Co11 Jn° PaSe were this day sworn of
ms Maj Councill for this Colony of Virginia.

Hen: Hartwell Cl Con:

the sTd^in eLh 'r6 ^Ct of, Asse"lbly !t is ordered and provided that
mandr and it GaImS°a be reduced to twenty besides the Com-
wonld Kp ? 1 5 rmg ^hlS day moved in Councill that his ExcelPy

ease of the Char^e of the country to
sunol v th1 f the Soldiers so appointed fro each Garrison, and to

Boarrf l r ^ ?f 115 MaitS Soldrs- Its the opinion of this
tha on hl tCCTidlIf c d6Slred that his Ex°y would be Phased to order
each Garrison and t .tenn °f his MaitS Soldiers be sent to

Garrison S° ° the C°Untry So,diers drawn off from each

Hen: Hartwell Cl Con:

Executive Journals, Council of Colonial Virginia

7

It appearing to this Board by a List of the number of parishes,
and Ministers in this Country, that there are some parishes unpro¬
vided of Ministers the Council! do therefore humbly request his Ex¬
cellency that he would be pleased to signify the same to the Lord
Bishop of London, and take effectuall Care that they may be supplyed
with able godly and orthodox Ministers, Viz1 four to be sent in next
shiping to supply past Vacancies, and two every year after Succes¬
sively, which Wee conceive will Communibus Annis be sufficient

Hen: Hartwell Cl Con:

It being this day moved in Councill that his Excelloy would be
pleased to Commisionate some able, and discreet persons in whom a
power might reside upon any Attack Our Indian Enemies should make
on our Frontiers forthwith to raise men whereby to repell and pursue
them, the wch if not speedily done do too frequently pass undiscovered,
and considering ye remoteness of Our Frontiers from his ExcelLy the
opportunities of takeing our satisfaction from the spoiles and Injuries
done us by our Indian Enemies is lost before his Excy has knowledge
or can give orders therein. Its therefore the opinion of this board and
accordingly thought fitt that discreet and able persons be by his Ex-
celloy impowered thereto with such Limitations and Restrictions as
his Excy by his Instructions shall think fit therein to give them, and the
persons by this Board nominated to be so Commissionated, and im¬
powered by his Excy are as followeth

Coll Joseph Bridger

Coll Wm Bin [Byrd] for ...
L1 Coll: Geo: Lyddall for

L1 Coll Wm Lloyd for _

Cap1 Geo: Cooper for .

for Nanzmond.

Lower Norfolk.

Isle of Wight
& Surry.

Henrico & Charles City
New Kent.

Rappahanock

Potomeck

Hen: Hartwell Cl Con:

The Councill takeing it into their serious Consideration how
absolute necessary it is for the peace and safty of this his Maj Coun¬
try so full of great Rivers Bayes and waters that the Dominion of the
Sea Should be preserved, (almost of equal concern if not superiour to
any reasonable land force) woh cant possibly be done with jess then a
Ketch or Vessell of at least sixty Tunns, twelve Seamen with a Com¬
mander, and ten Gunns alwayes attending here the service of this
place, woh small sea force if formerly allowed had in all probability
prevented the late Rebellion, and is the most effectuall meancs wee
can propose to prevent the like or any other disorders for the future,
It is the unanimous opinion of the Councill that his most sacred Maj
be humbly supplicated to order the same accordingly whensoevei he
shall think fit to recall the James now in his service here without
which this Colony cannot be secure, and his Excy is humbly desired to
represent the same to his sacred Majty and the Councill for his speedy
and effectuall directions herein

Hen: Hartwell Cl Con:

8

Executive Journals, Council of Colonial Virginia

It being this day considered in Councill how absolutely necessary
it is for this Colony that an able and discreet person be made choice of
resident near the Court in England to give his Excellency a speedy
account of all Transactions here from time to time, and to sollicite
and take Care of all such things as shall be necessary there, Its there¬
fore the unanimous opinion of this Board, and accordingly thought
fit that his Excy make choice of some able and discreet person in whose
ability for those services he may confide for wch Correspondency he
to be paid one hundred pound annually by the Auditor for the time
being

Hen: Hartwell Cl Con:

Whereas his Excy was pleased this day to issue forth Commis¬
sions for collecting his Majts Impost of two shillings per hogshead
Fort duties, and head mony in each district, and it being thought fit
for the more orderly performance of the same that Instructions be
given pursuant thereunto, Its therefore ordered and appointed that
Coll. Nich: Spencer Secry and Coll Phil: Ludwell draw up Instruc¬
tions, and to be presented to his Excy for his Confirmation.

Hen: Hartwell Cl Con:

Whereas the Port Duties and Head mony ariseing from ships in
this Colony tradeing hath been for severall yeares collected and re¬
ceived by Commissioners appointed by each Association, which by
an Act of the late Assembly is now otherwise disposed of, Its therefore
by this Board ordered that the Comm” of each Association do render
an account to Mr Auditor the 6th day of the next generall Court of all
such monyes so raised since the 11th day of July 1677 how they have
been disposed of, and what Surplusage remaines

Hen: Hartwell Cl Con:

It being this day considered in Councill that it will be of great
service to the Country in easing the Charge thereof, that a power be
resting in the Governor and Councill upon emergent occasions to sat¬
isfy pubhque Charges by levying on the people not exceeding twenty
pounds of Tobacco per pole without an Assembly being agreeable to a
former Act of Assembly in that case made, and provided, which can-
n<? uT °tl:;erwise be satisfyed but by an Assembly, the Charge of
which hath been too often found to be twice as much as would have
satisfyed all pubhque dues, and severall Counties here being sencible
thereof, have petitioned for the Same. The Councill therefore request
his Excy that he will be pleased to give a Representation thereof to
his most sacred Majty to the intent his Majts Pleasure may be herein
known, and his directions given to the next Assembly therein

Hen: Hartwell Cl Con:

Executive Journals, Council of Colonial Virginia

9

At a Councill held at Green Spring the 15th day of July 1680.

Present

His Excellency

Sr Hen: Chicheley Kn4 L4 Govr Coll Phil: Ludwell.

Coll: Nich: Spencer Secry Coll Wm Cole.

Coll Nath: Bacon Audr Fra: Leigh Esqr

Coll: John Page

The debate concerning his Excy appointing and commisionating
discreet persons on the Frontiers of each River for the immediate
raiseing of Forces in the remote Counties, whereby to engage any In¬
dian Enemy that shall attack our Frontiers being this day in Councill
reassumed fully debated, and all Events well weighed and considered:
Its the opinion of this Board, and accordingly resolved that Coll
Joseph Bridge be commissionated and impowered by his Excellency
according to such Limitations and Restrictions as his Excellency by
his Instructions shall think fitt to give him, for the immediate raiseing
such a number of men and horse (fitted with Armes & Ammunition)
in the Counties of Lower Norfolke, Nanzemond, Isle of Wight, and
Surry, as may be agreeable to a present Exegency, giveing speedy
Intelligence thereof to his Excellency. And whereas at a Councill
held the 8th of this month It was resolved that Coll Byrd, IF Coll Geo:
Lyddall, Coll Lloyd, and Cap* Cooper should in the like nature be com¬
missionated which being this day considered in Councill It is found
that there is not ye like reason for such Commissions for the head of
Rivers they have fixed Garrisons for their defence, Its therefore re¬
solved that onely a Common issue to Coll: Bridger for the defence of
the Counties aforesaid, the safty of the other Frontier being pro¬
vided for as is before expressed.

Hen : Hartwell Cl Con:

Whereas the late Assembly begun at James City the 8th of June
was on the seventh of this instant July adjourned to the fifteenth day
of February next which being in Councill well considered and fully
debated whether for the preventing of a certain considerable Charge
attending the meeting of an Assembly, and for other great reasons, It
be not fit that the adjournment of the fifteenth of February be Ad¬
journed to a longer day unless his Majty shall be pleased to send such
Commands to his Governor here, which may require the meeting of the
Assembly on the aforesaid fifteenth day of February, Its the opinion of
this Board, and accordingly resolved that if Commands come not from
his Majty by the 20th of January next of such import as shall require
the meeting of an Assembly that then Proclamations go forth on the
twentieth of January next thereby to adjourn the said Assembly to
the twentieth of January in the year 1681

Hen: Hartwell Cl Con:

10

Executive Journals, Council of Colonial Virginia

At a Councill held at Green Spring the 22th day of July 1680.

Present

His Excellency.

Sr Henry Chicheley Kn1 L* Govern r Coll Nath: Bacon Auditor.
Coll Nich: Spencer Secry. Coll Phil: Ludwell.

Coll John Page.

It is resolved in Councill and accordingly ordered that Sr Henry
Chicheley Kn‘ draw out of his Company thirty two Soldiers to be
ready on Tuesday next to march to the four Garrisons at the heads of
the Rivers being eight to each Garrison.

Hen: Hartwell Cl C on:

Sheriffs for the ensueing year appointed by his Excellency.

Coll Christop: Wormeley. For Middlesex Counties. '

Maj r John Armstead. For Gloster County

Cap a Fran: Page. For York County

Mr Thomas Pitt. For Isle of Wight

Capa Daniell Fox. For Lancaster

Mr Henry Smith. For Rappahonock

Hen: Hartwell Cl Con:

Mrs Eliz Sykes widdow petitioning to this board ag3t Coll Edward
Hill Ordered that the said Coll Edw : Hill have a Copy of the petition
sent by the said Mrs Sykes, that the said Coll Hill may make answer
to the same on the 7th of August before his Excellency at Green-Spring,
both parties to be then and there present

Hen: Hartwell Cl Con:

. Richard Carver Son of William Carver late of this Colony deced
peticomng to this Board for administration, on his said Fathers estate
and also for possession of his Lands It is thought fit, and accordingly
ordered, that the said Richard Carver have Letters of Admcon granted
unto him on all and singuler the estate of the said Wm Carver his
tather deced he giveing security as the Law enjoynes, and if any per¬
son or persons be in possession of any of the Lands of the said William
Carver deced, and refuse to surrender the same unto the said Richard
;Tar^’ ^hat tkeu the said Richard Carver summon them to appear
the 6th day of the next gen'.1 Court to show Cause why they keep
.^session of the same, and it is likewise ordered, that at the next
ourt held for the said County four sufficient men be appointed by
the Justices to appraise the estate of the said W” Carver deced who are
to be sworn thereunto

Hen: Hartwell Cl Con:

^ ThCkCOUnS day took notice to his Excellency of the extrava-
g mutiny of Sr Henry Chichelyes Compa on the twentieth of July
last upon the restoring Ensign Rosse to his Imployment (ag3t whom tho
'' ong susPended) noe sufficient cause of misbehaviour appearing He
was c|eared here m Councill from the same, The Assembly ato! tho

Leravatef rh^ "Tk th“e"’ objected nothing ag“ him, which was
ggravated (peyond their former usuall Insolencies and disorders) by

Executive Journals, Council of Colonial Virginia

11

their doing it to his person, and in Contempt of his Majts perticuler
Commands and Authority, wch he used to them, and further observing
that instead of being a guard and Safty to this Colony, (as by his
Majta gracious favor) was first intended they have by their long stay
and ill behaviour not only been totally uselesse, but dangerous and
the greatest of their Terrors To which the personall differences between
L1 Morris and Ensigne Rosse have not a little contributed: . His Ex-
cell0 y was therefore pleased at the request of the Councill this day to
cause the said Lem1 Morris and Ensigne Rosse to be called to the Coun¬
cill Table, To whom was pleased to expresse his high resentmts of the
Companyes late mutiny as likewise their former ill practices in the
same kind fro whom ye Councill apprehended very evill Consequences
especially if L1 Morris pursued his dissatisfaction to Ensign Ross. His
Excy therefore strictly required, and positively commanded both the
said Ld Morris, and Ensign Ross to set aside all personall differences,
and that the Comp a might hereafter (if possible) be found more serv¬
iceable to his Majty and Country then it had hitherto been, and not
continued as now it is burthensome and dangerous in which if they did
not reforme, his Excellency for the peace of the Country should be
constrained to dismisse with disgrace out of his Maj*’8 Service, the
first offender therein.

Hen. Hartwell Cl Con:

Its this day moved in Councill if there should be occasion of join¬
ing his Majts Soldiers with the Country Soldiers, whether the Kings
Soldiers should be under the Command of the Country officers, which
it is humbly desired his Excy will be pleased to take Care to oe resolved
in England to prevent any dissatisfaction that may arise from thence

Hen: Hartwell Cl Con:

At a Councill held at Green Spring the 3d day of August 1680.

Present

His Excellency

Mr Secretary Spencer. Coll Phil: Ludwell.

Mr. Auditor Bacon. Fra: Leigh Esqr

Coll John Page.

His Excy was pleased this day to communicate to the Councill
his Majts most Gracious Lre to his Excellcy signifying that it was his
Royall Will and pleasure that his Excy should repair back to his Royall
presence as soon as in his discretion the state of Affaires here will per¬
mit his absence to give his Majty in person a full and exact account of
the same, woh by his Excys great prudence are to a generall satisfaction
settled in a peaceable and hopefull way

Hen: Hartwell Cl Con:

Whereas in pursuance of an order of Councill thirty two of his
Majts Soldiers are drawn out of Sr Henry Chiceley’s Company whereof
eight are ordered to each of his Majt3 Garrisons at the heads ol the
said Soldiers when they do arrive at the Garrisons the Commanders

12

Executive Journals, Council of Colonial Virginia

thereof are ordered to draw out eight of the Country Soldiers from
each Garrison, and dismiss them to their sev11 habitations, and that
their horses and armes be delivered to his Majts Soldiers who are there
to continue and abide upon his Majte and the Countries service until
further order.

Hen: Hartwell Cl Con:

ft is this day proposed in Councill that for the better Safety of the
Country, and for the easing of his Majts constant standing charge of
keeping a Guard on the Magazine at the middle plantation that Sev-
erall of the most considerable and Royall [Lovall] Gentlemen in this
Colony (if it be thought fit by his Majty) will take the Magazine into
their Custody and be responsible for it, The Councill do therefore
humbly desire his Excy that he will please to move the same to his
Majty to the intent his Royall Will and pleasure may be known.

Hen: Hartwell Cl Con:

Its this day proposed in Councill if his Majts pleasure be to have
two foot Comp as continue as a Guard in this Colony, that then his
Exc> will be pleased humbly to supplicate his Majty that Sr Henry
chicheleys Company be changed, they haveing been near four yeares
in the Country, and grown so insolent and mutinous that they are
not onely uselesse but highly dangerous giving dayly occasions of con-
tinuall feares Hen : Hartwell CICon:

Its the opinion of this Board that it will very much tend to the
peace and safety of this Colony if his Excy will be pleased to remove
vT-TuniX Chlcpeleyes Company from the Charge of the Guard at
Middle Plantation the Magazine being too great a Concern for such
refractory, mutinous, and insolvent Soldiers to be intrusted with, the
L-ouncill do therefore humbly request his Excell cy that he will be
pleased to remove S' Henry Chicheley’s Comp* to Gloster or such
other Counties as he shall think fit, and that his Exoys own Company
e drawn into Sr Henry Chicheleyes mens Quarters, and have the
Charge of the Magazine.

Hen: Hartwell Cl Con:

thni-V/JOn reacbn§ Coll Edw: Hills Letter to Mr Secry — advising
that there was a man missing in Charles City County, for wch they

in suspicion a Notoway Indian Its thereupon ordered that Mr
Secretary write to Maj' Gen" Wood, and send him a Copy of the

l° make inquiry into the matter to the intent if
possible the I ruth be discovered.

Hen: Hartwell Cl Con:

adviKoOhe Cou!;ceirSUeing y<Mr app°inted by his Ex" with the

Pan a|vi Lewh - - for New Kent County

Ton Scarbu5rh . for Accomack County

Mr f 1 d t . for Westmorland County

M Edmd Jenning . -for James City County

Hen: Hartwell Cl Con:

Executive Journals, Council of Colonial Virginia

13

Att A Councill held Att James Citty
the 1st of October 1681
Present

Sr Hen: Chicheley Kn* his Majties IA Govern

Ralph Wormeley Esq

Coll Jos: Bridger

JUO.

Coll Wm: Cole

Coll Richd Lee
Coll John Custis
Coll Matt: Kemp

Coll John Page

Coll Joseph Bridger his Majesties Collector in ye lower precincts
of James River informing this Board y* in a Vessell lately arrived,
from the Island of Barbados, there are severall small parcells of Euro¬
pean Goods brought into this Country, and the said Coll Jos: Bridger
desiring the opinion of this board whether the same be forfeited by
the Act of Parham1 they are of opinion in regard his Majesty hath a
Custome house in the Island of Barbados, where all Cocquetts are
examined att going and coming and consequently noe goods can be
brought there or from thence contrary to Law, are therefore of opinion
that European goods brought thither and transported from thence
hither, are not forfeited

Whereas It is represented to this board, that his Majesties Guard
houses and Stores Att Middle Plantation are much out of repaire, and
yt the provisions that were provided for the Soldiers on Guard there,
was almost Spent, and there being noe person to be found that will
undertake the furnishing the said provisions, unless the pay may be
ascertained: This Board taking the same into their serious considera¬
tion and finding that there is a necessity the Soldiers must have pro¬
visions provided them whilst they are upon the Guard, and also y* the
houses must be soe repaired, y‘ his Majesties Stores may be kept dry
and the Soldiers’ armes not spoiled, are of an opinion, y* such under¬
takers as will furnish the said provisions till order from his Majty out
of England, be paid a reasonable price for the same, out of his Majes¬
ties dues of two shill per hhd, & alsoe the necessary charge of repair¬
ing the said Guard houses, ought to be paid out of the same.

Whereas A Letter was directed to the R* Honble the Depty Gov¬
ern sent and delivered by the Secretary of Maryland, from the upper
house of Maryland, Signifying y* a certain Nanzatico Indian, by name
Nehemin, had committed a most barbarous murder att Point Look
Out in Maryland and desiring the same Indian to be sent and delivered
into their custody, to answer for y1 his most inhumane fact, as formerly
they had obliged this Colony by doing the like: Its therefore desired
by this Board, y* Mr Secretary Spencer, who is well acquainted with
the carriages of the Nanzattico Indians this last Summer, if he be
not able to clear the said Indian of his own knowledge, doe with his
best dexterity and judgem1 forthwith gett the said Indian into his
hands and transmitt him safely to Maryld pursuant to the request
of the said upper house of Maryld, but if he can clear the sd Indian
from this accusation the way before express’d, y1 then he forthwith
give the Govern an acc‘ of it and likewise send an Answer to the Lord

14

Executive Journals, Council of Colonial Virginia

Baltemore, in the name of the Councell, with the reasons of our re¬
fusing to deliver the Indian aforesaid.

Whereas Geo Brent and Wm Fitzhugh did humbly move, as on
the behalfe of Mr James Ashton and Cap1 Geo: Cooper undertakers to
provide and furnish Potomk Garrison with provision, y1 they might be
discharged from their undertaking aforesaid, which was by this Board
granted, for y1 they the said Geo: Brent and William Fitzhugh did
offer, rather then the Garrison should be unprovided of men, to supply
the said Fort with provisions as aforesaid, to undertake for the same.
It is therefore ordered that the said Geo: Brent and Wm: Fitzhugh be
appointed undertakers for the said Garrison and yt the Tobacco due
for the last yeares undertaking be by the Clerke of the Assembly ord¬
ered into their hands, to make paym1 to the respective persons to whom
the same is due, And it is further ordered that they the sd George Brent
and Wm Fitzhugh have all the Advantages and benefftts, that the rest
of the undertakers, to say, Coll Wm: Bird, Cap1 John Langhorne, and
Major Robert Beverley may receive from the Assembly, bv reason of
their great charge and trouble, they are necessarily Att because of the
dearenesse and scarcity of provision and the extream lownesse of
Tobacco, wherein their pay for their undertakeing consists, as by a
former order granted to them the said Coll Bird, Cap1 Langhorne and
Major Beverley, bearing date the 21st of Aprill: 1681, doth appear.

Whereas the late Assembly began att James Citty the eighth of
June 1680, was on the seaventh of July adjourned to the twentieth of
January 1680-1, from thence by Proclamation prorogued to the fife-
teenth of Feb: 1681-2 which being this day maturely considered and
fully debated on whether a further prorogation be not absolutely ne¬
cessary (his Majlies Royall will and pleasure to the most humble Ad¬
dresses of the last Assembly not as yet being signified) to prevent and
allay the considerable and excessive charges and expenses, which neces¬
sarily and inevitably attends and accompanies the convention of an
Assembly, seing the meeting of An Assembly on the prefixed fifeteenth
of Feb: would seem totally needless and ineffectuall, all apprehensions,
Jealousies and fears of troubles being att present dissipated & laid
aside, by the retiring of our common and domestick enemies the In-
chans and the peace and safety of this Colony being sufficiently already
and effectually provided for ag1 all forraigne attempts and incursions
w att present threaten us not upon the serious and carefull considera¬
tion of the premisses this board doe think fitt to order And it is hereby
accordingly ordered, that the meeting of the Assembly, woh should
ro11 °n y6 fifeteenth of February ensuing be prorogued to the
7 ot September 1682, unless his Majesty shall be most graciously
pleased to signifye his commands to the contrary of such importance,
as shall require the meeting of an Assembly or some absolutely neces¬
sary and emergent occasion require a more speedy convention, and Mr
_ ecret Spencer is hereby ordered to prepare & draw up Proclamations
"?r pTrfr°gatlon of Ye same, and to present the same to the R1 Honble
ffe 7 „overnr to be signed, which being accordingly done, to take
eftectuall care y1 the same be sent and distributed to the respective
Counties. F

Executive Journals, Council of Colonial Virginia

15

Virginia.

By His Ma1'8 Deputy Govern r & c.

A Proclamation proroguing the Meeting of the Assembly from
the 15th of Feb. 1681-2 to the 18th day of April 1682

Whereas by my Proclamation of the 22 d day of December 1680. I
prorogued the meeting of the Assembly from the 20th day of January
1680 to the 15th day of Febr. 1681. By wch time it was hoped Plis
Majty would have signifyed His Roy11 Will & Pleasure to the humble
Addresses of the last Assembly wch not being yet arrived and dayly
hoping for the same, the Arrivall whereof would render the meeting
of the Assembly more considerable & effectuall: And because until the
Spring time the Apprehensions of our Indian troubles are not great,
Nor the Safety & preservation of the Country against forreign In¬
cursions in great hazard, I have thought fitt to prorogue the meeting
of the Assembly from the sd 15th day of February to the 18th day of
Aprill 1682. In which time I greatly hope to receive His Ma1’8 Com¬
mands concerning the same And by this my Proclamation, I do pro¬
rogue the meeting of the Assembly from the sd 15th day of Feb: 1681-2
to the 18th day of April 1682 unless His Ma4’ 8 Commands from England
or any Importunate Affaires of this Country shall require a speedier
Convention, wch if so I shall signify ye. same by my Writts for calling
the Assembly sooner And if not I will issue forth my Writts for their
coming together at ye day aforesd. Given under my hand at Rosegill
this 26th day of Jan ry 1681-2 & in the 33 d year of ye Reign of our Sov-
erign Lord King Charles the Second, whom god long preserve.

To the Sheriffs of _ _ _ County

or his Deputy who is required to cause this Pro-
clamacon to be published at the Churches &
other publique places according to direcons of
Law.

By His Ma4’8 Deputy Govr & c:

Whereas by my Proclamation dated the 26th day of January
1681-2 after sev11 prorogations of the Assembly therein recited to the
18th day of Apfrill 1682 as by the sd Proclamation may appear. And
pursuant to a Clause in the sd Proclamacon conteined that unless His
Ma4’9 Commands from England or any importunate Affaires of this
Country should require a speedier Convention wch if so I should sig¬
nify the same by my writts for calling the Assembly sooner, And if
not I would issue out my Writts for their coming together at the day
aforesaid, and as yet having recd no Commands from England to the
contrary, and after mature deliberation finding that ye present oc¬
casions of the Country are very urgent, and that it is absolutely ex¬
pedient for the convening the Assembly on the sd_184h day ot Aprill
1682 These are therefore in His Ma4’8 name to will & command you
to give timely notice to such Burgess or Burgesses as are now in being
as Members of the last Assembly for ye County, and if eithcr or both
of them shall bee dead or otherwise discharged from ye sd Office &
place of a Burgess, that then you summon together all the b reeholders

16

Executive Journals, Council of Colonial Virginia

& Housekeepers wth in yor County to meet at the usuall place for the
election of Burgesses (at such convenient time as you shall appoint) then
& there to elect one or two (as occasion shall require) of the most able
& discreet Loy11 Men of yr County to serve for Burgess or Burgesses
in the room & stead of such who shall be so dead or discharged, to
whom they may communicate their just grievances (if any) that they
may be redressed, to meet mee & the Councill at James Citty the 18th
day of April next, then & there to consult & advise of such matters
as may be for the glory of god, ye Honour of His Maty & the publique
Weal of this Colony. Hereof you are not to fail, as also to make due
return of this Writt. Given under my hand at Rosegilo this first day
of March 1681-2 An°que RRS Caroli scdi Angl <§f c: tricessimo quarto.

To the Sheriff of _ _ _ _ _ County or his Deputy

A Clause in My Ld Culpepers Letter to Coll Bacon.

If I should not come by the 11th of Dec: and you have no other
orders before, the Councill should then by any means issue out a pro¬
clamation to adjourn ye Assembly from the 15th or 20th day of Jan¬
uary next (the day appointed now for its meeting) to some convenient
day in Aprill when the generall Court is, Viz, any day from the 10th
day to the 23th day of Aprill.

Memorandum

His Majty by Letter dated the 20th Janry 1681 signifyed His Com¬
mand to Sr Henry Chichely that he should not permitt the Assembly
to sitt till the tenth of November following.

[Letter from Lord Culpeper to Sir Henry Chicheley.]

London 23 Dec: 1681

Sr

I am so pressed in point of time, that I have scarce enough
to tell you that on the 21 st all the Affaires relating to Virginia were de¬
termined at the Committee wch you will receive all large by Arburck
in the Golden Fortune who sailes the 4th of January: In the mean
time I am to acquaint you from His Maty that no Assembly is to meet
(except upon very great emergencies with advise of seaven of the Coun¬
cill till the 20* 11 of Nov: next 1682. Till woh time ’tis his Pleasure
that this be adjourned, and before that day itt is declared in Councill
that I shall return to your Parts, you will be infinitely surprised wth
disbanding but more the reducing the Soldiers & Officers payes, &
not allowing any thing after next January, and taking no care to pav
for their return home.

. the Soldiers short pay, there is no hopes of altering itt, but

itt is resolved that Arburck shall bring pay till the end of March at the
i educed rates, at least for Quarters, and that Masters of ships shall
bee allowed: 01 li per head for each one they shall bring home; But
this will not be published by proclamation, "tho yet actually done.

You will receive something extraordinary concerning the Act for
1 owns very speedily, In the mean time the King hath suspended the
execution of any thing prejudicial! to his Customes, wch pray observe

Executive Journals, Council of Colonial Virginia

17

I desire your utmost kindness in the Concern of my Company in
giving Certificates, Lycences of Absence Sickness & c: Tis all the ben-
efitt you & I are like to have, and I entreate you to let the mony for
my Company be payed to Coll Bacon & c. as my Attorney.

I am in implicite hast; the wind is easterly & till setts saile,

I must bid you adieu & remain

Your affectionate humble Servant
Tho: Culpeper

Pray be kind to my now
Serv1 Will Colston on all oc¬
casions.

You may communicate the Contents of this to the Councill
(The rest could not be read.)

Att a Councill held Att James Citty
Aprill 26th 1682
Present

Sr Hen: Chicheley Kn* Deputy Govern
Nicho: Spencer Esq Secret Coll Wm: Cole

Natha: Bacon Esq Audit Ra: Wormeley Esq

Majr Gen11 Robt: Smith Coll Richd: Lee

Coll Joseph Bridger Coll Jon Custis

Coll Phill Lu dwell Coll Matt: Kemp

Coll John Page

Upon the debate whether the Sitting of the Assembly should be
continued or prorogued, it’s resolved nemine contradicente, that the
meeting of the Assembly was contrary to his Majesties Expresse com¬
mands and that the House of Burgesses by their delays in effect refuse
to make Answer to his Majesties letter, whether willing to continue
the two foot companies att the Countries charge, It’s therefore the
opinion of the whole board that the present sitting of the Assembly
ought not to be continued, but that the Assembly this day be by the
L* Govern prorogued, to the tenth day of November next, according
to his majesties commands.

Att a Councill held Att James Citty
May 3d 1682
Present

The R‘ Honble Sr Hen: Chicheley Kn‘ Depty Gover
Nicholas Spencer Esq Secret Coll Wm Cole

Natha: Bacon Esq Audit Ra: Wormeley Esq

Majr Gen11 Rob‘ Smith Coll Rich: Lee

Coll Joseph Bridger Coll Jno Custis

Coll Phill Lu dwell Coll Matt: Kemp

Coll John Page

18

Executive Journals, Council of Colonial Virginia

Upon the debate of the disorders now on foot in Gloster County, by
many, unruly turbulent and disobedient Inhabitants of the said Coun¬
ty, in cutting up all Tobaccos on all plantations, where they come, for
the spdedy suppression thereof, and of the growing mischiefe that may
from thence arise, It’s resolved and accordingly ordered that Coll Matt:
Kemp doe immediately hasten into Glocester County, and as Coll of
the militia there raise and order such a number of horse and foot of the
said County forthwith to their Armes, as he shall judge fitt and ex¬
pedient for reducing the said disorders, by first requiring all and every
person moving in the said disobedient, violent, ruinous and destructive
actions to returne to their obedience to his most Sacred Majesty, to
wch if they yeild not such ready obedience, as is required, that then It’s
likewise resolved and ordered, that Coll Matt: Kemp doe endeavour
by all waies and meanes, by force of Armes, to Suppress and reduce
them the sd disobedient and tumultuous Inhabitants of Glo3ter Coun¬
ty; Its likewise the opinion of this board and accordingly resolved and
ordered, y1 if the Inhabitants of Glocster now in actuall mutinies and
ruinous disorders should fly and continue together, that then and in
such like cases Coll Matthew Kemp doe pursue them, into what parts
soever they fly and with force of Armes reduce them; Its likewise re¬
solved and ordered that L1 Coll Law: Smith and all inferiour militia
officers and soldiers, and all his Majesties Leige people of this Collony
be aiding and assisting to the said Coll Matt: Kemp in what County
or Counties the prosecution of the Affaires requires his Marching into.

It’s ordered that an expresse immediately goe forth requiring
Cap1 Zachariah Taylor, Commander of the ship Augustine, not to
saile untill further order, for that letters must by the said ship be sent
lor England, to represent to his Majesty the present condition of the
Country.

Resolved and accordingly ordered, that Cap1 Wm: Armiger
Commandr of his ExCies the Lord Culpepers Company be ordered to
.command the said Company to their Armes on the 4th Instant att
Middle Plantation.

By his Majesties Deputy Govern:

A Proclamation prohibiting all riotous and tumultuous meetings

Whereas many riotous tumultuous and ungoverned Inhabitants
of Gloces1 County, have contrary to ye Peace of our Soveraigne Lord
the King, his Crown and dignity, invaded the rights and properties
of many of the Inhabitants of the said County, by cutting up all plants
on Plantations where they come, to the ruin and destruction of many
of his Majesties Subjects, highly tending to the subversion of Govern¬
or for preservation whereof and to the intent the peace of the Country
may be entirely preserved by a timely suppression of all tumults and
riotous disorders, I doe by this my Proclamation in his Majesties name
will, require, and strictly command all and every the Inhabitant and
Inhabitants of this his .Majesties Colony well and truly to demean and
behave themselves quietly, peaceably and obediently in all respects
answerable to their duty and allegiance to our Soveraigne Lord the

Executive Journals, Council of Colonial Virginia

19

King, and to the well being and safety of each other, and if any In¬
habitant or Inhabitants shall presume to persist or goe forward in their
riotous, tumultuous and ruinous disorders in Glocr or any Inhabitant
or Inhabitants of any County or Counties in this Colony shall be soe
evilly bent to enter into any such like combinations and evill practices;

I doe by this my proclamation likewise require and command all offi¬
cers both Civill and Military in this his Majesties Colony and Dominion
of Virginia, to use their utmost care, industry & circumspection, ac¬
cording to the authority by Law placed in them to prevent and sup¬
press, all such meetings and riotous actings for the preservation of
his Majesties peace of this Colony, and rights and properties of the
Inhabitants thereof; Given under my hand att James Cittv May 3d
1682

God save the King

Hen: Chicheley

To the Sheriffe of _ _

or his Deputy, to be forthwith publisht

The like was sent to the respective Counties
Resolved that orders goe forth to the Command1, 8 of the respective
Garrisons, requiring them to order his Majesties soldiers under their
commands to repaire on the 18th Instant to the middle Plantation, in
order to receive their pay appointed by his Majesty.

Ordered that orders be sent forth to the Commanders of the re¬
spective Counties, to Command to armes such a number of the militia
horse and foot of their Counties, as they shall find convenient for the
preservation of the peace of our Soveraigne Lord the King and from
time to time to keep in armes such numbers of horse and foot as they
shall find the Exigency of the affaire requires

Att A Councell held att Middle Plantation
May 7th 1682
Present

Sr Hen: Chicheley Kn‘ Deputy Govern
Nicholas Spencer Esq Secret Coll Phill: Ludwell

Coll Natha: Bacon Audit Coll Wm: Cole

Coll John Page

The present disorders and commotions being taken into most
serious consideration, and all matters, motives and inducements there¬
unto being well weighed, its the opinion of this board that Majr Rob1
Beverly hath been eminently instrumental thereunto, by stirring up
informations ag‘ ships upon the pretence of forfeiture by the act of
Cohabitation, alsoe by setting on foot petitions for An Assembly and
from thence giving an assurance of a Cessation, by which & other his
practices the Inhabitants have been provoked and sett a mading,
whose activeness doth not only appeare to have been the foundation
of our present distractions, but he is likewise on serious considerations
apprehended to be the encourager of their progressions, It’s therefore
y e opinion of this board that it will much tend to the quieting the

20

Executive Journals, Council of Colonial Virginia

present disorders to have Majr Robt: Beverly secured, In woh its or¬
dered that an order of this board be directed to Majr Gen11 Smith that
he make it his care Maj r Beverly be by the Sheriffe of Middlesex forth¬
with secured and committed a prisoner under safe custody on board
the Ship Duke of York in Rappahannocke River, John Purvis Master,
there to remaine untill further order.

Att A Councell held att Middle Plantation
May 23d 1682
Present

The R* HonbIe Sr Hen: Chicheley Knt Depty Govern.

Coll Nicho: Spencer Secret Coll Phil: Ludwell

Coll Natha: Bacon Audit Coll Wm: Cole

Coll Joseph Bridger Coll John Page

This Board haveing taken into their serious consideration and
well debated of what great weight and importance the safe and secure
keeping of all Publick Records is and how much the same conduces
and tends to the publick good, and on ye contrary how farr the neg¬
ligent and careless keeping of the same may add to the ruin of the
Country; Majr Robert Beverley Clerke of the house of Burgesses, in
whose custody the Records of the Assembly were usually kept, being
now confined a close prisoner, for being notoriously Instrumentall in
these our present and unhappy distractions, and consequently rendred
incapable of discharging soe great a trust, as to take care of the same,
this board have therefore thought fitt and accordingly ordered that
Ralph Wormeley Esq, Coll Matthew Kemp, and Coll Christopher
Wormeley or any two of them, whereof Coll Matthew Kemp to be one,
doe forthwith make seizure of all such Assembly Records as either have
or are now or have been att any time heretofore in the possession,
charge, keeping or custody of the aforesaid Clerke, and in case ye said
Records by any pretence whatever be refused to be delivered'to the
aforesaid Gentlemen upon their demand, then the said Gentlemen are
hereby ordered and impowered to use their utmost endeavours and
best dexterity, by forceing open doores or otherwaies, as to them shall
seem meet, to take into their possession all bookes, papers and other
Records whatever, relating to the Assembly, wch sd bookes and papers
)eing soe taken into possession, the Gentlemen are hereby desired to
take a particular account of wl bookes and papers soe taken and re¬
quited to take effectuall care that the same be safely secured and put
up in the hampiers belonging to the aforesaid Clerke, in woh they were
usually brought to Towne in, and that the said hampiers be sealed
W1,ar' eii Partlcu^a.r seales, which being accordingly done, the afore¬
said Gentlemen are impowered and ordered to committ the said bookes
an PaPeJs to the charge of the sheriffe of Glocester, who with a Guard
is ordered and required to convey them to York River side and there
to lmpresse a boat for their transportation, from whence they are to
be brought to the Secretaries office by ye aforesaid Sheriffe, where a

Executive Journals, Council of Colonial Virginia

21

receipt is to be given for what delivered, and this order to be fully
performed with all convenient expedition.

It is ordered that Cap* John Purvis Commander of the Ship Duke
of York, (being now on the point of saileing, and desiring that he may
be discharged of his prisoner Major Beverley) that he deliver over the
said Major Rob* Beverley safely to Cap* Wm Jefferys Commander of
the ship Concord now att anchor in Yorke River, together with the
fouer soldiers appointed a Guard over the person of the said Majr
Robert Beverley; and it is likewise ordered that the sd Cap* Wm Jef¬
freys doe receive the person of Majr Robert Beverley and alsoe the
fouer soldiers appointed a Guard over the person of the sd Maj r Robert
Beverley and him the said Major Robert Beverley in safe custody to
keep on board his said ship Concord, untill further ordr

Vera Copia

Test Nicho Spencer Secty

Att A Councel held Att Middle Plantation
May 9th 1682
Present

Sr Henery Chicheley Knt: Deputy Govern*

M r Secretary Spencer Coll Phillip Ludwell

Mr Auditor Bacon Coll John Page

The present disorders and commotions being taken into most ser¬
ous consideration and all matters, motives & inducements thereunto
being duely weighed, It’s the opinion of this Board that Major Robert
Beverley hath been eminently instrumental thereunto, by stirring up
Informations ag* ships, upon ye pretence of forfeiture by ye Act of Co¬
habitation, Alsoe by Setting on foot petitions for An Assembly, and
from thence giving An Assurance of a Cessation, by which and other
his practices the Inhabitants have been provoked and set a madding,
whose activenesse doth not only appear to have been the foundation
of present disturbances, but he is likewise on serious consideration ap¬
prehended to be the encourager of their progression; It’s therefore ye
opinion of this board, that it will much tend to ye quieting the present
disorders, to have Major Beverley secured, in wch Its ordered that an
order of this Board be directed to Maj r General Smith, that he make it
his care, Majr Robert Beverley be by ye Sheriffe of Middlesex forth-
wth secured and committed a prisoner, under safe custody on board ye
Ship Duke of York in Rapp a John Purvis Master, there to remaine,
untill further order.

May 19th 1682

Upon hearing ye information Ag* Stephen Tarleton and Charles
Bostwicke of New Kent County for words greatly encourageing the
present distractions, by cutting up Tobacco plants, woh appearing to
this Board, It’s Ordered that ye Sheriffe of York County doe immed¬
iately take into his custody ye said Stephen Tarleton and Charles
Bostwicke and them securely to deteine, untill the said Stephen Tarle-

22

Executive Journals, Council of Colonial Virginia

ton and Charles Bostwicke doe give good security for their future good
behaviour.

May 23d

Coll Jos: Bridger, Coll Wm Cole

Whereas Information was made to this Board that John Wooding-
ton of New Kent County hath been a great Abettor in these our present
and unhappy distractions, not only in suffering his own plants to be
cut up, without any rebuke or check to ye Plant Cutters, but likewise
by encourageing ye Plant Cutters to proceed in their riotous and tu¬
multuous manners and to cut up others plants, to which ye said
Woodington Appeared and confessed part of ye Information to be
true, and ye other part being sufficiently proved, Its ye opinion of
this Board and accordingly ordered that ye aforesaid John Wooding¬
ton, (for that his great transgression, especially as being a magistrate)
be suspended from being a Justice of ye Peace of ye aforesaid County,
and rendred utterly incapable of bearing any office, either civil
or military above ye office of a Constable. It’s likewise ordered that
ye aforesaid John Woodington be committed to ye Sheriffe of York
County, in whose custody he is ordered to remaine, untill he enter into
bond with good and sufficient security, for his future good behaviour.

Whereas Cap1 John Purvis Commander of ye ship Duke of York
desires to be discharged of his prisoner Majr Robert Beverley for that
he is ready in all respects to saile for England, with his ship Duke of
York, which being by this Board considered, and that he may not be
letted or hindred in his present employment, and this board finding
good cause, and it absolutely necessary, for ye peace of ye Country to
continue Major Robert Beverley in safe custody, Its therefore or¬
dered that Capt: John Purvis doe with his first conveniency depart ye
port of Rapp a and saile to y e mouth of York river, and there to come to
anchor, and then to take ye person of Major Robert Beverley, now
prisoner on board of his said ship ye Duke of York, into ye boat be¬
longing to ye said ship, together with ye Guard of fouer soldiers placed
on board ye said ship, over ye said Major Robert Beverley and him ve
said Major Robert Beverley with ye fouer Guard Soldiers safely to
deliver on board y 6 Ship Concord, now att anchor in York river, whereof
is Commander Cap1 Wm Jefferies, to whom is likewise an order directed
from 1 his Board, to receive on board his said ship Concord, ye person
of Major Robert Beverley, with ye fouer Soldiers appointed a Guard
over ye said Major Robert Beverley in which ye sd Capt: John Purvis
is to take Capt: Wm Jefferies his acknowledgment that he hath de¬
livered ye person of Major Robert Beverley, into ye custody and keep¬
ing of him ye said Cap1 Jefferries; It is alsoe ordered, that ye ready
willmgnesse of Capt: Purvis, together with his trouble and charge of
receiving and keeping the said Major Robert Beverley, on board his
saffi ship Duke of York, be represented to his most Sacred Majesty.

This board having taken into their serious consideration & well
debated of what great weight and importance y® safe and secure keep-
mg of all publick records is, and how much ye same conduces and
tends to ye Publick Good, And on ye contrary how far ye negligent and

Executive Journals, Council of Colonial Virginia

23

carlesse keeping of ye same may add to ye ruin of ye Country and con¬
sidering that Major Robert Beverley Clerk of ye house of Burgesses,
in whose custody ye Assembly Records were usually kept is now con¬
fined a close prisoner, for being notoriously instrumental in these our
present and unhappy distractions, and consequently rendred incapa¬
ble of discharging soe great a trust, as to take care of ye same, have
thought fit and accordingly ordered that Ralph Wormeley Esq Coll
Matthew Kemp and Coll Christopher Wormeley or any two of them,
whereof Coll Matthew Kemp to be one, doe forthwith take into their
possession all such Assembly records, as either have or are now in ye
possession charge keeping and custody of ye aforesaid Clerke, and in
case ye said records by any pretence or colour of pretence whatever be
refused to be delivered to ye aforesaid Gentlemen, upon their demand,
that then the said Gentlemen are hereby ordered and impowered to
use their utmost endeavours & best dexterity, by forceing open doores
or otherwise (as to them shall seem meet, to take into their possession
all books, papers and all other records whatever relating to ye Assem¬
bly, wch said books and papers being soe taken into possession, ye
Gentlemen are hereby desired to take a particular Account of ye same,
and required to take effectual care, that they be safely secured and put
up in ye Hampiers belonging to ye aforesaid Clerke, in woh they were
usually brought to Towne, and y4 ye said Hampiers be Sealed with each
of seales, wch being accordingly done, ye aforesaid Gentlemen are im¬
powered and ordered to commit the said books and papers to ye charge
of ye Sheriffe of Glocester, who with a Guard is ordered and required
to convey them to York river side and there to impresse a boat for
their transportation, whence they are to be brought to y® Secretaries
office, by ye aforesaid Sheriffe, where a receipt is to be given for what
delivered, and this order to be fully performed with all convenient ex¬
pedition.

Whereas It is ordered That Major Robert Beverley now prisoner
on board ye Ship Duke of York, whereof is Commander Capt: John
Purvis, be by ye said Cap4 John Purvis safely delivered over to Cap*
Wm Jefferies Commander of ye Ship Concord, now att anchor in York
river, together with ye fouer soldiers appointed a Guard over y° person
of y® said Major Beverley, in which Its now ordered, that y® said Cap*
Wm Jefferies doe receive v® person of Major Robert Beverley as alsoe
ye fouer soldiers appointed a Guard over ye Said Majr Beverley and
him y® said Major Beverley in safe custody to keep on board his said
ship Concord, while further order.

Middle Plantation May 25th 1682

Sr Hen: Chicheley Deputy Govern1,

Mr Secret Spencer Coll Phill Ludwell

Mr Audit1, Bacon Coll Richd: Lee

Coll John Page

Whereas It is represented that some ill disposed women in
Glocester County, doe persist in y® evil and notorious riots, spoiles
and great abuses and damages of cutting up Tobacco plants, in direct
opposition to Lawes and Statutes in the like case made and provided

24

Executive Journals, Council of Colonial Virginia

and in high contempt to ye Govern1,8 Proclamation and possitive orders
for preventing and suppressing all riots and outrages of y1 nature, &
whereas It is signified that ye wife of Thomas Allman aud ye wife of
Righard Longest are most notoriously active in ye aforementioned
wickedness and y1 ye sd Thomas Allman & Richard Longest doe refuse
to find good security for ye good behaviour of ye wifes of them ye said
Thomas Allman & Richd Longest,

Its therefore resolved & Accordingly ordered y1 L1 Coll Jon Armstead
doe forthwith cause ye wifes of Tho: Allman & Richd Longest to be
taken into safe custody & them securely to detain, & cause to appear
before ye Govern1, & Councel att Middle Plantation on ye 30th instant
to answer to what shal be objected ag1 them on his Majesties behalfe
& to be proceeded ag1 as by Law in ye like case is prescribed.

James Citty June 15th

Sr Henery Chicheley Kn1 Deputy Govern1,

Mr Secret Spencer Coll Phillip Ludwell

Mr Audit1 Bacon Coll William Cole

Coll John Page

Whereas Majr Robert Beverley was by a former order of this
Board committed prisoner on board ye ship Duke of York, from thence
removed on board ye ship Concord, Cap1 Jefferies Commander, where
till now he was contnued upon vehement suspicion of being ye prin¬
ciple motive and chiefe Abettor, of these our present and most un¬
fortunate distractions and troubles, from whence he was remanded to
this board, where being taken under examinaton, and all evidences
and circumstances being well and maturely considered on, which tend
to y e proof of what was objected against the said Maj r Robert Beverley ;
Its ye unanimous opinion of this board and accordingly resolved, it
being thought absolutely necessary for ye preservation of his Majties
Peace, ye safe and secure Settlement of affaires in this Colony, being
still under apprehensions, jealousies and feares of future troubles, that
Majr Robert Beverley be still continued a prisoner and conveyed from
hence by ye Sheriffe of York County, with a Guard in Coll Custis his
sloop, on y e eastern shore, with intent that he deliver him ye said Majr
Robert Beverley to ye charge and custody of ye sheriffe of Northamp¬
ton County, whose receipt he is to take for ye delivery of ye aforesaid
prisoner, and then to returne with ye aforesaid Guard in either sloop
or shallop to be impressed by ye aforesaid sheriffe of Northampton
County, who is likewise hereby charged and strictly required, after
his receipt of ye aforesd Majr Robert Beverley, to take most effectual
ca.r^ idi Sa^e an^ secure detainement and confinement of him ye
said Robert Beverley, for ye better performance whereof, and that he
may y® more readyly comply hereto, ye aforesaid sheriffe is hereby
ordered to place and continue such a Guard, over ye said Major Robert
Beverley, as he shall find necessary and requisite for his more sure con-
nement, and to apply himselfe to Coll John Custis whose orders and
irections he is from time to time and att all times after his receipt
hereof, to fully observe & follow, relating to his manner and place of

Executive Journals, Council of Colonial Virginia

25

confining ye aforesaid Major Robert Beverley, and to all other things
that have relation thereunto, untill further order.

June 19th 1683 [1682]

Whereas It was ordered in Councel, that Majr Robert Beverley
should remaine under the custody of the Sherriffe of York County, and
under his charge in Coll John Custis his sloop to be directly transported
to Northampton County in order to his continuance under confinement
in Northampton, and whereas ye said Major Robert Beverley hath
in great contempt & despight of ye said order made his escape from ye
custody of the Sherriffe of York and pass’d thorow Glocester into Mid¬
dlesex County into ye house of ye said Beverley on Pyanketancke,
where Cap* Walter Whittaker by letter to ye Iff Governr advizes ye
said Beverley is under safe custody of him ye said Cap* Walter Whit¬
taker, in which It’s resolved and accordingly ordered that Capt
Walter Whittaker doe personally, with a sufficient Guard safely
and securely convey ye person of ye said Robert Beverley, without ye
least delay of time, unto James Citty, and him the said Robert Beverley
personally bring before ye Iff Govern1, and Councel in James Citty,
there to receive such further order, as shall be found expedient It’s
likewise ordered that ye said Capt: Walter Whittaker doe cause to be
impressed such a number of men and horse with Armes in Middlesex
County, as he shall find necessary for ye performance of this order.

June 21th Middle Plantation

Whereas his Majesty hath been pleased to order ye paying off
and disbanding the two foot Companies in this Colony wch being ac¬
cordingly performed and ye Guard discharged his Majesties stores att
middle Plantation will be exposed to great hazards and dangers, if
not guarded, wch to maintain for that peculiar occasion, will be very
chargeable, and Coll John Page having expressed his desire of serving
his Majesty in ye preservation of the stores and easing ye charge, wch
must unavoidably accrew by maintaining a Guard for ye Stores, woh
being considered by this Board, It’s resolved and accordingly ordered
that Mr Thomas Broomer (who hath ye care and custody of his Maj¬
esties Stores) doe deliver unto Coll John Page or his order all ye Armes,
partizans, Halberts, Drums, Swords, pikes and amunition as alsoe
what is in, belonging, or appertaining to his Majesties stores, for which
ye said Broomer is to take ye receipt of ye said Coll John Page, All wch
It’s ordered the said Coll John Page do Cause to be carted unto ye
house of him ye said Coll John Page, att Middle Plantation, to be then
secured untill his Majties pleasure can be further known, as alsoe he ye
sd Coll John Page is desired to take care for ye Securing ye great
Gunns and Shott belonging to ye Guards, either by causing them to be
lodged in ye Guard house or such other convenient place, as he ye
said Coll Page shall judge fitt to receive and secure them in.

June 25th 1682

Whereas It was ordered by this Board, that ye Sheriffe of York
County should convey ye person of Major Robert Beverley to ye
Easterne shore, with a Guard over him and there to deliver him to ye

26

Executive Journals, Council of Colonial Virginia

Sheriffe of Northampton County, which being by this board taken
into serious consideration and willing to ease ye great charge and cer-
taine expence, wch necessarily and unavoidably will arise and accrew
by performing of ye same, if a sloop should be impressed for that use
only, doe therefore order that M r Charles Holden who has ye command
of Coll Custis his sloop, now att anchor in York river, doe receive and
admit on board ye said sloop ye person of Major Robert Beverley,
the sheriffe of York, and such a Guard, as ye Sheriffe of ye aforesaid
County shall place over him the sd Major Robert Beverley and them
and every of them to transport to Northampton County, in order,
that the aforesaid order may be fully performed, and with all conven¬
ient expedition.

Whereas a Pyrate hath lately forced and carried away from ye
houses of Mrs Rebecca Leake and Mr Jon Williams att Tindalls Point,
a considerable quantity of goods, monies, & plate, wch this Board
taking into their serious consideration, and doubting that y e said Pyrate
doth still continue roving within ye Capes, with intent to commit and
perpatrate y e like villanies and robberies on some other the Inhabitants
of this Colony, or that ye sd: Pyrate waites with expectation to take
small vessells, sloops & shallops, as they come in and out of this Colony,
for prevention therefore of ye like robberies and villanies, It is thought
fit and accordingly ordered that Coll Wm Cole forthwith presse or
cause to be impressed either Pinke, Ship, Barque or Ketch, as he shall
think most fit & convenient, with rigging, tackle and furniture, to be
ready upon all Commands, to receive on board such a number of men,
as shall be judged necessary to goe in chase after ye aforesaid Pyrate, as
alsoe to make stoppage of twelve barrels of Porke, with other provi¬
sions, in whose hands soever ye same he shall find, woh is not to be dis¬
posed off, within ten days after ye aforesaid Stoppage, least there be
occasion for ye same, within that time, for his Majties Service, in fur¬
nishing ye said Vessell with provision and all his Majesties Leige people
are required to take notice hereof, and yeild due obedience accordingly
to what ye said Coll Wm Cole shall doe or cause to be done.

June 25th 1682

Ordered that ye Sheriffe of York County or his Deputy doe re¬
move ye person of Major Robert Beverley, with ye fouer soldiers, to
whose charge he is now committed, from off board ye ship Concord,
Cap* Wm Jefferies Commander and him ye said Major Robert Bever¬
ley with ye Guard of ye aforesaid fouer soldiers, (who are required to
continue their care and charge over him y e said Maj r Robert Beverley)
to convey to James Citty, in order to his appearance before ye Lt Gov¬
ern1' and Councel on Thursday next.

James Citty September 25th 1682

Sr Hen: Chicheley Knt: Deputy Govern r
M r Audit1, Bacon Coll Wm Cole

Maj r Gen11 Smith Coll Matt: Kemp

Coll Phill Ludwell Coll John Page

Executive Journals, Council of Colonial Virginia

27

The petition of Majr Robert Beverley, wherein he conceives his
confinement hitherto to be illegal (ye cause of which and ye precept
for ye same being kept from his knowledge) in which he humbly en-
treates, that a writt of Habeas Corpus may be granted to him, di¬
rected to ye sheriffe of Northampton County, for his removal to James
Citty, being this day read in Councel and full debate being thereon
had, It’s ye opinion of this board and accordingly resolved, that in
regard all proceedings relating to his confinement, with ye reasons for
ye same, have been transmitted to England to his Majesty, for his
Commands therein, which not being yet returned, that ye aforesaid
Major Robert Beverley be continued still a prisoner where he now re-
maines, in ye custody of ye Sheriffe of Northampton, untill his Majes¬
ties Pleasure shall be further known therein.

September 30th 1682

Sr Hen: Chicheley Knt: Deputy Govern r

Coll Natha: Bacon
Majr Gen11 Smith
Coll Jos: Bridger

Coll Phill Lu dwell
Coll Wra Cole
Coll Matt: Kemp

Coll John Page

Whereas there are severall warrants issued from the Right Honrble
the Deputy Govern r for ye Apprehending Somerset Davis, Zuperan
Burwell, Robert Alcock, John Oakes, and John Cockin wch provide
that in case they or any of them are Apprehended that then they or
soe many of them, as shall be soe apprehended, be delivered to ye
Sheriffe of York County, who is therein and hereby strictly required
safely to secure & detaine soe many of them, as shall be delivered to his
custody, without bade or mainprize, and immediately after their com¬
mitment, to acquaint either Coll Nathaniel Bacon, Coll Phillip Ludwell,
Coll Wm Cole or Coll John Page with ye same, who or any two of them
are desired strictly to examine such of ye said parties as shall be appre¬
hended and to make and passe such ordrs concerning ye same, either
for ye continuance of ye said parties soe apprehended, in safe and
secure custody or otherwise as they shall find most fitt and conducing
to ye securing of ye peace of this his Majesties Dominion, & in case ye
party, to whom ye warrants are directed to execute, shall return that
he cannot find them or any of them, then ye said Gentlemen or any
two of them, are hereby earnestly desired to issue forth Hues & Cryes
for ye apprehending soe many of them, as shall be soe returned, in
what place soever shall be found and in case ye aforesaid Gentlemen or
any two of them shall think it necessary and expedient, that any other
persons whatsoever, who have been active in destroying Tobacco
plants, either by advice, encouragem1 or actings, be sent for, then ye
said Gentlemen are hereby impowered & desired to doe and Act therein,
as they shall think necessary.

Att York Court house October 9th 1682

Coll Natha: Bacon
Coll Phill Ludwell

Coll Wm Cole
Coll John Page

28

Executive Journals, Council of Colonial Virginia

In pursuance of an order of Councel bearing date ye 30th of Sep¬
tember last Somerset Davis & John Cockin being brought before ye
above named Gentlemen, who upon examination of ye aforesaid Som¬
erset Davis & John Cockin think it most fitt and accordingly order that
y e Sheriffe of York County continue ye abovenamed Somerset Davis
& John Cockin in his custody, without baile or mainprize, untill ye
fourth day of ye next General Court, when they are both to be con¬
veyed to ye sheriffe of James Citty, to ye end they and each of them
may answer to all such things, as shall be subjected against them in
his Majesties behalfe

Att ye house of Majr Samuel Weldons 8ber 1st

Ordered that Majr Sam11 Weldon high sheriffe of James City
County continue ye bodies of John Sackler, Matthew Hudson and
Bartholmew Austin in his custody, untill they and every of them enter
into bond of five hundred pounds Sterl, with good able and sufficient
securities, for their and every of their personal appearances before ye
Govern1 and Councel, att James Citty, on ye fourth day of ye next
General Court, then and there to answer to all such things, as shall be
objected against them, in his Majesties behalfe.

James Citty November 11th 1682
Present

Sr Hen: Chicheley Knt: Deputy Govern r
M r Secret Spencer Coll Phillip Ludwell

Mr Auditor Bacon Coll Wm Cole

Coll John Page

Whereas Majr Robert Beverley was under vehement suspicion
of being notoriously Instrumental in stirring up our late troubles and
outrages of plant cutting, to ye hazard of overthrowing this his Ma¬
jesties Government who for ye same and to prevent ye growth thereof,
was upon serious and mature Councel ordered to be taken into Cus¬
tody and Committed prisoner to ye Sheriffe of Northampton County,
and whereas by order of Councel in September last, It was ordered
that Majr Robert Beverley should remaine and continue in ye custody
of ye sheriffe of Northampton County, until ye signification of his Ma¬
jesties pleasure; This Board having according to the duty and trust
by his Majesty reposed in them, represented to his Majesty ye then
present state of this his Majesties Colony and ye ill apprehensions ye
Government on due consideration had of Majr Robert Beverley, and
whereas ye arrival of his Excellency ye Lord Culpeper is daily expected
into this his Government, with full signification of his Majesties pleas¬
ure in all affaires of ye Government, therefore should ye charge ag*
Major Robert Beverley be proceeded in, before ye signification of his
Majesties pleasure therein, or ye Arrival of his Excellency ye Lord
Culpeper, It would speake ye want of Duty to his most sacred Majesty
and respect to his Excy ye Lord Culpeper, and whereas this Board are
informed y* Majr Robert Beverley is now in James Citty, att large,

Executive Journals, Council of Colonial Virginia

29

which att this juncture may not only prove inconvenient, but Dan¬
gerous and hazardous to ye peace and safety of this his Majesties Do¬
minion of Virginia, which being by this Board taken under Serious
consideration, It’s therefore Resolved and Accordingly ordered, that
ye sheriffe of James Citty County doe forthwith take into his custody
ye body of Major Robert Beverley and him in safe custody to keep,
and by sloop or boat ye person of ye said Majr Robert Beverley forth¬
with transport to ye County of Northampton and him ye said Majr
Robert Beverley, to redeliver over to ye charge, custody and keeping
of ye Sheriffe of Northampton County, who is hereby required and
ordered to retake ye body of ye said Majr Robert Beverley, and him
to Commit to ye house of Coll John Custis, according to ye tenour of
ye former orders of this Board, and there to continue ye said Majr
Robert Beverley, untill he shall thence be remanded by order of this
Board.

November 16th 1682

Whereas Majr Robert Beverley was by order of this Board com¬
mitted prisoner to ye sheriffe of James Citty County, in order to be
transported, in either sloop or shallop, and there to be continued, till
order from this Board, & whereas the Rt Honrble ye IV Govern1, and
Councel are informed, y* ye aforesaid Major Robert Beverley is yet on
this side ye Bay, being obstructed by y0 winds hitherto, and seeing yfc
ye General Court is now neer hand, this Board have thought fitt, and
doe hereby accordingly order, Mr Richard Moor under sheriffe of York
County to take ye person of Majr Robert Beverley into his Custody,
out of ye charge of ye sheriffe of James Citty County (where he now is)
who is hereby ordered to deliver him ye said Maj r Robert Beverley to y e
aforesaid Mr Richard Moor, who is hereby required to continue him,
in such place as he shall think fit and convenient, while he shall be
remanded to him, by order of this Board.

December 13th 1682

Sr Henery Chicheley Kn* Deputy Govern r
M r Secret Spencer Coll Wm Cole

Mr Auditr Bacon Coll Richd Lee

Coll Phill Ludwell Coll John Page

Whereas John Sackler an Inhabitant of Glocester County in our
late unhappy distractions hath not only proved a turbulent and great
Abettor in ye same by advice, but alsoe most notoriously Instrumental
in perpatrating ye greatest enormities, by pulling, cutting and de¬
stroying Tobacco plants, to ye then too apparent hazard of his Majes¬
ties Peace and his Leige Peoples Quiet and tranquility, of which
crimes and offences being now (though late) sensible and being most
willing (being highly and deeply concerned for ye same) to expiate
them, by procuring his Majesties Most Gracious Pardon, does now most
humbly offer, that provided all apprehensions of his former riotously
actings and misdemeanours be committed to oblivion and pass’d by,
and he from all such offences clearly and fully acquitted and ever dis¬
charged, that were committed by him ag* his Majty his Crown and
Dignity to purge himselfe by his future diligence, not only in being

30

Executive Journals, Council of Colonial Virginia

obedient and conformable to Lawes, but likewise by building, erect¬
ing and compleating a most firme, convenient & sure bridge, over
y e Dragon Swamp, within one quarter of a mile of ye bridge now stand¬
ing, by ye last day of November next ensuing ye date hereof, passable
for horse and foot, and ye same being fully compleated, from that time
to continue in good, firme and sound reparation for ye terme of twenty
one yeares, without demanding any satisfaction, from ye Publick,
either for ye erecting or continuing ye same in reparation, who for his
more sure and better performance hereof, offers Ralph Wormeley
Esq & Mr Christopher Robinson his securities, who now openly jointly
and severally oblidge themselves, their heires, Executors and Admtrs
to our soveraigne Lord ye King his heirs & successors, in y® poenal
summe of thirty thousand pounds of Tobacco and Caske, with con¬
dition, that if ye above named John Sackler shal fully perform his
Above humble and voluntary proffer, in erecting & continuing a good,
sound, and firme bridge, over ye Dragon swamp neer ye old bridge for
ye space of twenty one yeares, that then they ye said Ralph Wormeley
Esq & Christopher Robinson & each of them shall be discharged from
ye aforesaid Judgement & every part thereof, otherwise that ye sape
be paid upon demand and ye aforesaid John Sackler for ye saving
harmeless & indempnifted ye aforesaid Ralph Wormeley Esq and
Christopher Robinson from all damages, troubles, suites or causes of
suits, that may arise or accrew by reason of not fully complying in his
aforementioned undertaking, doth hereby confesse judgerrd to ye said
Ralph Wormeley Esq and Christopher Robinson their heires, Execu¬
tors and Admtrs jointly and severally for present payment of sixty
thousand pounds of good, sound, merchantable Tobacco & Caske and
doth further oblidge himselfe, upon ye request of ye said Ralph Worme¬
ley Esq and Christopher Robinson or either of them, to transfer all his
estate both real and personal to them ye said Ralph Wormeley Esq
and Xpher Robinson, and to acknowledge the same in open Court and
to give all further satisfaction they shall demand therein; this Board
having most seriously and maturely considered that ye offences of y®
said Sackler are of a high nature, tending with his confederates to ye
endangering the subversion of this Government, for which reparations
ought to be made proportionably, and accordingly, but considering
that ye voluntary proffer of ye said John Sackler in erecting, compleat¬
ing and continuing ye aforesd Bridge in repaire will apparently confer
to ye Interest of his Majesty, by conducing to ye benefit of his Sub¬
jects ye Inhabitants of this Country, in their more certaine & quicker
passages, with their selves and horses, over ye aforesd Dragon Swamp,
and that ye same will tend to ye General satisfaction of ye Country,
The L* Govern r therefore by and with ye advice and consent of ye
Councel doth hereby openly declare, that ye aforesaid John Sackler
(having first fully performed and compleated what he most spontan¬
eously proffered) is clearly acquitted and fully discharged, from all
Crimes, offences, riots and all apprehensions of ye same, that properly
belonged to his Majesty to pardon, as perpatrated ag‘ his Crown and
Dignity, in pulling up, cutting and destroying Tobacco plants, pro¬
vided alwaies, that if ye aforesaid Sackler shall be obstructed by in-

Executive Journals, Council of Colonial Virginia

31

undations, or otherwise by ye hand of God, that then he be allowed a
proportionable time, for compleating ye aforesaid Bridge, after ye
time limited by this order.

Whereas upon an Information exhibited by ye house of Burgesses
that John Herbert had contrary to Act of Assembly made in June 1680,
ship d severall hhds of Buck and Doe Skins on board ye ship Dolphin,
Cap4 Benjamin Hall Commander, wth designe to export ye same, and
desired, that ye L4 Govern r would issue forth his warrant, for seizing
ye same, wch being granted and a return thereof being now made by
AD Robert Bradly, that by virtue of ye aforesaid warrant, he had
seized five hhds of skins and furrs intermixed, and ye same had here
in Town, but that there was two hhds no: 23: 26 remaining yet on
board, w_ch by reason of their difficulty, he could not well bring on
shore, being in ye bottom of ye Hold and ye ship almost loaden, and
now Mr William Fitzhugh and Mr William Sherwood, in ye behalfe of
ye House of ye Burgesses move, that ye aforesaid Skins being forfeited,
may be condemned, as ye Law directs, and ye said John Herbert being
in person and alleadging nothing in defence, why ye said skins should
not be forfeited, but most willingly submitting to ye forfeiture, by
confessing he had ship’d ye sd: skins; Whereupon this Board having
perused and maturely considered ye aforesaid Act, made in June 1680,
ag4 ye exportation of hides and Skins, are of opinion, that ye aforesaid
skins, as well those, as yet, on board, as those on shore, are legally for¬
feited, and order accordingly that ye said skins being one thousand
eight hundred, seaventy six be condemned, & disposed of, as ye afore¬
said Law requires, all Costs, charges and sailary being first deducted,
but in regard It’s a matter of great difficulty, and may prove very in¬
convenient for ye ships Voyage, being now upon sailing, provided all
Tobaccos should be removed, whereby to bring on shore ye aforesaid
two hhds, doe therefore order, that ye aforesaid John Herbert enter
into bond to ye value of one hundred pounds Sterl, with good and
sufficient securities, that ye aforesaid two hhds of Skins, now on board,
containing five hundred eighty three Buck and Doe Skins shall be
delivered att James Citty, to Coll Wm Cole his Majesties Collector or
order, by ye 25th of December 1683 And whereas ye aforesaid Act pro¬
vides, that there shall be one hundred pounds of Tobacco, for every
skin so exported ,paid by y® Exporter, This Board doe likewise adjudge
ye penalty for ye whole number of skins to be due, And Its hereby
accordingly ordered, y4 ye aforesaid John Herbert pay, as ye aforesaid
Act directs, after y® rate of one hundred pounds of Tobacco a peice for
every of y® said skins soe seized and designed to be exported.

Nicho: Spencer Secty:

By his Majties Deputy Governr

A Proclamation Dissolving the Assembly begun att James Citty

June y® 8th 1680

Whereas I Received his most Sacred Majesties Letter beareing
date the 21th day of January 1681-2 wherein I was Comanded that I
should neither Call nor permitt an Assembly to Sitt, untill the tenth

32 Executive Journals, Council of Colonial Virginia

of November next, by which time I was advised his Excellency the
Lord Culpeper may be Expected in, and ye Assembly begun the Eight
day of June 1680, and by severall prorogations Continued, being Con¬
vened on the Eighteenth day of Aprill last, I did pursuant to his Majties
Comands, by the Advice and Consent of the Councill of State, Pro¬
rogue ye Said Assembly, untill the tenth day of November next now
forasmuch as it hath been maturely Debated in Councill whether the
said Assembly should Continue or a New one be Chosen, It is Con¬
cluded that it will be most agreeable to his Majesties Comands, and
for his Service and well being, of this his Majties Collony, and Satis¬
faction of all his good Subjects that the said Assembly be Dissolved,
and a New one immediately Called, by a fair and free Election of
Representatives, to be made of such persons as may Represent their
Grievances, I doe therefore hereby in his Majtie3 name with the Ad¬
vice of the Councill of State by this my Proclamacon Dissolve the
aforesaid Assembly begun the said Eight day of June 1680 of which I
doe hereby Require and Comand all his Majties good subjects to take
due notice, Given under my hand att James Citty the 29th day of
September 1682 Annoq Regni Regis Caroli Secundi & c 34°

Hen: Chicheley

God save the King

To the sheriff of _ _ _

or his Deputy

Nicho: Spencer secrty
By His Excellency

A Proclamation Comanding all Sheriffs to Collect his Majties Quitt
Rents, in all and Every County & Counties in this Collony

Whereas there are Severall yeares Arreares of Quitt rents in this
Collony due to his Sacred Majesty remaining uncollected, of w ch_ if
Care be not taken in due time the Same will amount unto an Excessive
Sum, and be very burthensome & inconvenient to the Inhabitants
thereof, if Demanded at once, for prevention thereof, and of the grow¬
ing Rents, I Thomas Lord Culpeper Baron of Thorsway his Majties
L* and Govern1, Gen11 of Virginia by vertue of his Majties Letters Pat-
tents under the broad ,Seale of England to me Directed, doe by this
Proclamacon in his Majties name Appoint and Comand all and Every
Sheriff and Sherriffs in Every County and Counties in this his Majties
Collony and Dominion of Virginia, to Demand Receive & Collect one
yeares Quitt rents of every Planter and Inhabitant of this Collony, ac¬
cording as hath been formerly and usually paid proportionably to the
Quantity of Land Each Planter by Pattent doth hold, and to the intent
Every Sheriff may have a Certaine knowledge what lands each person
holds, and what Quitt rents each planter and Inhabitant is to pay for
their said Lands they hold of our Soveraigne Lord the King, all Sher¬
riffs are hereby appointed and Required to Demand of Each Planter,
and Inhabitant of this Collony the sight of their Pattent or Pattents
Deed or Deeds of Land and thereof to Returne a perfect Rent Roll in
writeing under their hands with all their Receipts thereon in person to
Mr Auditor Bacon in James Citty att or before the second day of Aprill

Executive Journals, Council of Colonial Virginia

33

Gen11 Court, as likewise a full and perfect account of all Quitt rents
received by vertue hereof, of which they are to make payment to Mr
Secretary Spencer or his Order, upon or before the tenth day of Feb¬
ruary next att the farthest, he being thereunto by me Impowered, And
whereas severall former sheriffs and others have received severall of
his Majtyes Quittrents of which noe Account hath yet beene given by
them, and have Severall Sumes remaining in their hands, all Such
Sheriffs and persons Concerned are hereby strictly Charged and Re¬
quired att their perills upon or before the Second day of Aprill Gen11
Court att James Citty to give in person to Mr Auditor Bacon a true &
perfect account in writeing under their hands of all Quittrents by
them so received and att the same time or before to make payment
thereof to ye above named Mr Secretary Spencer or Ordr and what
Sheriffs shall faile so to doe Process will goe out ag* them as Debitors
to our Soveraigne Lord ye King Given under my hand and the Seale
of the Collony this 23th day of December 1682 Annoq Regni Regis
Caroli Secundi nunc Angliae & c 34°

Tho: Culpeper

God save the King

To ye Sherriff of _ _ _

or his Deputy

Nicho: Spencer Secrty
By his Majties Deputy Govern

A Proclamation Prohibiting all Riotous and Tumultuous Meetings

Whereas many Riotous, Tumultuous and ungoverned Inhabitants
of Glocester County have Contrary to the Peace of our Soveraigne
Lord the King his Crown, and Dignity, Invaded the Rights and Prop¬
erties of many of ye Inhabitants of the said County by Cutting up all
Plants on Plantations where they Come, to the Ruine and Destruction
of many of his Majties Subjects, highly tending to the Subversion of
Governm* for preservation whereof, and to the Intent the peace of
the Country may be Entirely preserved, by a timely suppression of all
Tumults and Riotous Disorders, I doe by this my Proclamacon in
his Majties name Will and Require and Strictly Comand all and Every
the Inhabitant and Inhabitants of this his Majties Collony well &
truely to Demeane and behave themselves quietly peaceably and Obe¬
diently in all Respects answerable to their duty & allegeance to our
Soveraigne Lord the King, And to the well being and Safety of Each
other, and if any Inhabitant or Inhabitants shall p'sume to persist
or goe forward in their Riotous, Tumultuous & Ruinous Disorders in
Glocester, or any Inhabitant or Inhabitants of any County or Counties
in this Collony shall be so Evilly bent to enter into any such like Com¬
binations & evill Practises I doe by this my Proclamacon likewise
Require and Comand all Officers both Civill and Military in this his
Majties Collony and Dominion of Virginia to use their uttmost Care
Industry and Circumspection According to the Authority by Law
placed in them to prevent and suppress all such Meetings & Riotous
Actings for the Preservation of his Majties Peace of this Collony and

34

Executive Journals, Council of Colonial Virginia

Rights and Properties of the Inhabitants thereof. Given under my
hand att James Citty May ye 3d 1682

Hen: Chicheley

God save the King

To the sherriff of.. _ _ _

or his Deputy to be forthwith Published

Nicho: Spencer Secrty
By his Majesties Deputy Govern1,

A Proclamacon Declareing unlawfull Assembling to Cutt up pull up,
or otherwise Destroying Tobacco plants to be open Rebellion in the

Actors thereof.

Whereas many Evill, ungoverned and Mutinous Inhabitants of
this Country, Contrary to their Duty and Alleageance Riotously As¬
sembled themselves in severall Counties of this his Majties Dominion
of Virginia and Committed violencies and outrages by forceable cutting
up of Plants, for Suppression whereof, I Issued forth my Proclamacon
dated May the third, Requiring and strictly Comanding all Officers to
be Vigilant, Carefull and Active to Suppress all persons Riotously As¬
sembled, and likewise by that my Proclamacon Comanded all his
Majties Leige People to be Aiding and Assisting in the suppressions
of such Riotts as by Law of the Realme in their Distinct Qualifications
they are Required to Doe, and performe, in which that none may be
unknowing I thought fitt by this my Proclamacon to Declare that
Every Justice of the Peace in the County wherein he lives is by ye
Statute made in ye 13th yeare of ye Reigne of King Henry the fourth
Required imediately to Endeavr the Suppressions of all Routs, Riotts,
or unlawfull Assemblies upon the forfeiture of one hundred pounds
sterl. to our Soveraigne Lord the King, and by the same Statute all
persons are Required to be Aiding and assisting to the Justices of ye
peace in the suppressions of such Routs, Riotts or unlawfull Assem¬
blies upon paine of Imprisonment, and to make fine and Ransome to
the King to ye full value of all their moveable Goods, and by ye said
statute, it is likewise Declared that all persons so Riotously Assembled
are to be Imprisoned fined and Ransomed for their first time of their
so Riotously assembling, and whereas Some evill Mutinous and Re¬
bellious disposed persons in Contempt of my Proclamacon have most
obstinatly persisted to Cutt up, pull up, and otherwise destroy ye
tobacco plants of many the good subjects of this his Majties Dominion
of Virginia to the great prejudice and loss of many the Inhabitants
thereof thereby highly Endangering the peace and welfare of the whole
Government. I doe therefore by this my Proclamacon declare that he
or they who shall futurely dare to Cutt up, pull up, or otherwise de¬
stroy tobacco plants, to the loss prejudice and Damage of his Majties
Subjects of this Collony, and hazard of the peace and welfare thereof
shall be held Deemed and prosecuted as Rebells against the Crown
and Dignity of our Soveraigne Lord the King, and peace and welfare
of his Majties Dominions, and for the same shall undergoe all paines
penalties and forfeitures as in open & actuall Rebellion, & whereas

Executive Journals, Council of Colonial Virginia

35

many Rebellious persons with intent to Conceale their mischiefs and
Rebellious practises, have perpetrated the same in the night Season I
doe therefore hereby Declare, whosoever shall detect and Discover to
the next Justices of ye peace, the Actors and perpetrators of such mis¬
chiefs and Rebellious practises shall have the Reward of two thousand
pounds of tobacco paid him or them, in the County wherein he or they
shall Dwell or Inhabit for his or their Discoveries, and If he or they so
discovering have beene the Actors and perpetrators of those mischiefes,
and Rebellious practises, yet upon his or their disco verys of others as¬
sisting in those Rebellious Acts, shall to all Intents and purposes be
fully and clearly acquitted & Indempnified, as if he or they had not been
guilty of such mischiefes and Rebellions, and have the aforementioned
Reward of two thousand pounds of tobacco paid to him or them so
discovering alwaies Provided he or they make such Discovery within
ten days after the Acting and perpetrating of such mischiefes and Re¬
bellions. Dated att Rosegill August the twelveth 1682 & in the 34th
yeare of the Raigne of our Soveraigne Lord the King.

Hen: Chicheley

God save the King

To the High sherriff of _

or his Deputy

Nicho: Spencer secrty

Att a Councill held att James Citty Janry ye 10th 1682-3

Present

His Excellency Thomas Lord Culpeper & c.

Sr Hen: Chicheley Kn* Coll Joseph Bridger

Mr Secretary Spencer Coll Phillip Ludwell

Mr Auditor Bacon Coll Wm Cole

Majr Gen11 Smith Ralph Wormeley Esqr

Coll John Page

His Excellency the Lord Culpeper was pleased this day in Councill
to Comunicate his Majties Instructions of ye 27th of January 1681
Concerning ye Advancement of the price of Forraigne Coyne, to woh
the Councill doe humbly offer their opinions as foil : that y 6 same would
most Certainly Contribute to ye benefit and advantage of ye Country
by ye Promocon of Publique trade & Comerce, Merchts being so intent
on their Interests, as alwaies to send their money & c lawfull to be Ex¬
ported where they can be allowed most for, and doe therefore humbly
pray his Excellency to issue forth Proclamacons for ye advancem4 of
y e price of Foraigne Coyne, wch his Excellency Condescending to, It’s
therefore Ordered that Proclamacons be prepared for his Excellencies
passing, declareing y e value of pieces of Eight whether of Peru, Mexico,
or any other place whatever, provided Silver, to be equall in value
with six shillings Sterl, and so halfe peices and other smaller pieces
with the same proviso proportionably, and that New England money
be paid and Reced according to Stamp, with this Exception, that his
Majties dues be not included in ye aforemenconed Coynes being to be

36

Executive Journals, Council of Colonial Virginia

paid in the intrinsick value in money sterl or Bills of Excg a and those
Proclamacons to have Regard only to such moneys that become due
after ye date hereof, and not to make any Retrospection, with Severall
other necessary Clauses. Ordered y* Proclamacons be prepared Co-
manding & Requireing all Justices and Churchwardens to Returne
abstracts of their County & parish Leavyes this yeare Raised and
Leavyed in ye Respective Counties and Parishes in this Collony, and
for what due, and to whom paid, thereby to Render a particular ac¬
count to his Majesty whereby to be satisfied whether the same hath
become justly due as also whether Rightly applyed & duely Admin-
istred.

Nicho: Spencer Secrty

Att a Councell held Att James Citty January 10th 1682-3

Present

His Excellency the Lord Culpeper & c
Sr Hen: Chicheley Kn* Coll Phillip Ludwell

Coll Natha: Bacon Coll Wm Cole

Major Gen11 Smith Ralph Wormeley Esq

Coll Joseph Bridger Coll John Page

His Majesties Instruction of ye 21th of December 1681, was read
and ordered to be registred.

The Examinations and depositions about Plant Cutting were
read and ordered that Somerset Davis, John Cockin, Richard Baily
and Bartholemew Austin be forthwith committed for Treason and
tryed ye fourth day of ye next Generali Court, and y‘ ye Interim ye
Attorney Generali take care to doe his part and every thing be pre¬
pared for their tryals;

Consideration was then alsoe had about Mr Robert Beverley, and
found that it could be proved against him First That he had broken
up publick letters, directed to ye Secretaries office, with writts enclosed
for calling ye Assembly in Aprill 1682, and had took upon him ye ex¬
ercise of that part of ye Governnd that belongs to ye Secretary, by the
immediate dispersing ye Several writts, to ye respective Sherriffs, not
only [not] acquainting ye Secretary therewith, but contrary to his
desires.

2 d'y That he had made up ye Records and inserted his Majties
letter therein, being first communicated to ye house of Burgesses, att
yc time of their prorogation, after ye said prorogation.

3 y That he refused to deliver coppies of ye Journals of ve
house of Burgesses in April 1682, to ye U Govern' and Councell, say¬
ing that he might not doe it without leave of his Masters.

Executive Journals, Council of Colonial Virginia

37

Sr Hen: Chicheley Kn
Mr Secretary Spencer
Mr Auditor Bacon
Major Gen11 Smith

January 11th 1682-3
Present

His Excellency ye Lord Culpeper & c

Coll Joseph Bridger
Coll Phillip Ludwell
Coll Wm Cole
Ralph Wormeley Esq
Coll John Page

Coll Wm Bird sworne one of ye Councell

Three Proposals made by His Excellency

Having in ye first place, according to his Majties particular Com¬
mands given order yesterday for ye vigorous prosecution, according to
Law, of such persons, as upon ye Informations taken by you, and yr
representation to me, have appeared to be ye Chiefe Actors and Pro¬
motors of y® late Insurrections and disorders about Plant destroying
I am in ye next place to acquaint you, that his Majesty expects to re¬
ceive from you, in writing under yr hands, with all speed

First An Account of ye Government, since my departure out of
it in August 1680, particularly as to ye stopping of ships and matters
of ships, upon pretence of y® late Act about Townes, y® Calling y®
Assembly last Aprill and y® occasions rise, growth and Progresse of y®
late Insurrections and Commotions about Tobacco Plants destroying,
with all other matters relating to yr same, and all transactions to y®
day of my Arrival.

2<ny y® present true state of y® Country and Government as
well in relation to itselfe, as to y® Indians and yr neighbour Christians.

Thirdly The best method of managing y® same for y e future, with
y® most Security and Safety to his Majesty and least charge and ex¬
pence, and therein you are in an especial manner to consider y® best
and most effectual meanes not only to hinder and prevent such tumults
and disorders, with their necessary ill consequences; but alsoe to take
away y® first occasions and pretences thereof, if possible, and to re¬
present all particulars, that may carry on.y® Government Securely,
improve y® Revenues, Cutt off unnecessary charges, if Any such be,
and tend most to his Majties Service, and y® Ease and Quiet of y*

C°Untry' Tho Culpeper

His Excellency y® Lord Culpeper was pleased this day in Councel
to communicate his Majesties Instruction of y® 27th of January 1681,
concerning ye advancement of y® price of Forraigne Coine, to wch y®
Councel doe humbly offer their opinion as foil, that ye same will most
certainely contribute to y® benefit and advantage of y® Country by
ye promotion of Publick Trade and Commerce, and doe therefore
humbly pray his Excellency to issue forth his proclamation for y®
advancement of y® price, wch his Excellency condescending to, It s
therefore ordered, that Proclamations be prepared for his Excellencies
passing, declaring y® value of peices of eight, whether of Peru, Mexico

38

Executive Journals, Council of Colonial Virginia

or any other place whatever, provided silver, to be equal in value with
six shillings sterl and soe halfe peices and other smaler peices, with y*
same provisoe, proportionably, and y1 new England money be pd and
received according to stamp, with this Exception, that his Majesties
dues be not included in any of ye Aforementioned Coines, ye same
being to be paid in ye intrinsick value in money Sterl or bills of Ecxha.
with other necessary clauses

The opinion of ye Councell that proclamations be prepared Com¬
manding and requiring all Justices and Church wardens to return
Abstracts of their County and Parish Leavies this year raised and lea-
vied and for what due

Coll Page, Mr Thorp and Cap4 James Archer y 6 Engenier appointed
to survey his Majesties stores and present values, and then ye Councel
will consider what is fitting to be kept, ye rest being to be sent home

A vessel with Master, Mate and Gunner and fiveteen seamen to be
necessary for ye Country’s safety, wch his Excellency is desired to take
care in, as alsoe to have eighteen men with a Serjeant and Corporall
att land.

Proclamations to issue to every County, to put ye lawes in force;
particularly y° Act for planting two Acres of land for every tythable,'
every County Court to appoint Grand Jury men, who are to return
an account of ye execution of ye afore8 lawes to every Gen11 Court.

Janry 31th 1682-3

Present

His Excellency

Mr Secret Spencer Coll Phill Ludwell

Coll Natha: Bacon Coll Wm Cole

Coll John Page

Shemffs appointed for ye year 1683 in every County Mr Attorney
Generali to take care of all Deodands, fines and forfeitures due to his
Majesty since ye beginning of ye last Rebellion

All Soldiers, lately disbanded, being house keepers or having
servants, and those who have Employed their time in making Tobacco
since their disbandmt: are equally lyable to pay leavies with other his
Majesties Subjects.

Att A Councill att James Citty December ye 13* J» 1682

Present

S’- Henry Chicheley Kn* Deputy Govern' & c.

^uSxTreJnr?>Spencer Co11 William Cole

Coll Nath11 Bacoh Coll Richd Lee

Coll Phillip Ludwell coll John Page

Whereas the last Sumer the houses of Rebecca Leake & Jn° Will-

iara IntabitMts of York ^lver were Rifled and Plundered by severall
r vateers belonging to a Vessel then Riding at Anchor att ye mouth of
the said River, and five of the said Privateers being afterwards taken

Executive Journals, Council of Colonial Virginia

39

in Rhode Island, and by ye Governr thereof sent here to ye intent they
might have their tryalls where they had perpetrated such villanyes
wch five being Comitted to ye County Goal of Middsex well loaden
wth Irons who soon after made their Escape from thence, after whom
Hue & Cryes being issued through all parts of ye Country for their
seizing & apprehending by vertue of wch two of the Privateers least
guilty by name Wm Harrison & John Manly were taken and imediately
Conveyed to James Citty, where within few dayes they had their
tryals, it being then ye sessions of ye Gen11 Court, who by ye Grand
Jury were brought in Billa vera, and by ye Petty Jury guilty, where¬
upon sentence of death passed ag* them on ye 28th of November to be
hanged by y® neck while they were dead, on ye fifth of December y®
night before y® day appointed for Execution the Convicts petitioned
the L* Govern1, for two dayes Reprieve wch was granted, one of them
being a Polander desired to be Baptized, wch was performed by y®
ordinary, on y® 8th of December y® warrant of Execution was Signed
and Delivered to y® officer to perform his part y® next morning on y®
Eighth att night y® Convicts freed themselves of their Irons and made
their Escape out of one of y® Windowes, by y® removall of two Iron
Barrs, the same night Hue & Cryes issued to all parts of y® Country
but wrought no Effect, not ye least advice being reced woh way y®
Convicts went, three nights after they voluntarily returned to Prison,
went in att the same place they went out, and in y® morning sent to
the sheriff, whom they Informed wth Cheerfull Countenances, that
they had well Effected what they had Designed, they had prepared
themselves for Death, and Came willingly to Submitt to y® sentence
thereof, the unlike heard of President so wrought upon the hearts of
many well Disposed Christians, that severall Petitions were Presented
to y® L‘ Govern1- for a Reprieve, wch by y® advice of y® Councill y®
L* Govern® doth hereby Grant, untill y® Signification of his Majties
pleasure shall be signified herein, upon Representation hereof.

Nicho: Spencer Secty

Febry 21th 1682-3
Present

His Excellency Coll Jos: Bridger

Mr Secret Spencer Coll Phill: Ludwell

Mr Auditor Bacon Coll Wm Cole

Mr. John Buckner and all others prohibited Printing,

March 13th 1682-3
Present

Coll Phil Ludwell
Coll Wm Page [Cole]

Coll John Page

for y® appearance of Mr Henery Whiting on

His Excellency
Mr Secret Spencer
Mr Audit Bacon
Coll Jos: Bridger

A Summons to issue
y® next Councel day

40

Executive Journals, Council of Colonial Virginia

The Councel doe unanimously and humbly acquaint his Excel¬
lency, that it hath alwayes been ye Custome of Virga for ye Sherriffe
of James Citty County to impannell ye Grand Juries for ye tryal of
Criminals out of ye most able and discreet men in Town and y* ye
Grand Jury is never returned summoned out of any particular County
and doe therefore humbly Advise that ye same method be observed
in ye tryal of ye present Criminals.

That noe Indians ought to come to Towne, att ye Countries
charges, unlesse sent for or upon some emergent occasion.

That ye brick wind mill att Green Spring is y® securest place for
y® Powder and all other his Majesties Stores, to be kept in, & y‘ a
Court of Guard be built, adjoining to y® same, for such as shall be
employed to take care of y® same.

Whereas y® several Collectors, in this Colony, are Sensible, y*
notwithstanding their utmost endeavours and diligence, severall
abuses have been committed, by Masters of ships, by false entries,
which by reason of ye excessivenesse of y® charge in these great rivers,
it is impossible for them to prevent otherwise, then by comparing y®
Entries here,, with ye Entries att the Custome house in England, to
sue upon their bonds such of y® said Masters, as shall be found to have
defrauded his Majesties duties here. It is hereby ordered and all and
every Collector and Collectors in this his Majties Colony and Dominion
of Virginia are hereby ordered and required to return to his Excellency
Thomas Lord Culpeper & c his Majesties Govern1, Generali of Virginia,
a particular, full and perfect account of y® entry and clearing of every
ship, Pink, Sloop and Vessell in their respective districts, under their
and every of their hands, with coppies of All Entry, Clearing and other
bonds, since ye eight day of June 1680, till y® time of their making up
their accounts, att y® Audit, in July 1682, by y® last day of this Instant
March, and his Excellency is desired to transmit y® same to his Ma¬
jesty, with the humble opinion of this board, y* y® sd bonds be put in
Execution here or in England, as y® case may require, as well to have
satisfaction for pass’d fraudes, as to prevent y® like for y® future,
especially in regard Masters have soe fair an encouragement as tenn
percent allowed them by y« Law.

That Proclamations issue for John Haleys, y® notorious Plant
Cutter, his surrendering himselfe, by y® first day of April Gen11 Court,
in order to his tryal, or else that both his real and personal estate be
forfeited to his most sacred Majesty.

Att a Councel Att James Citty
March 13th 1682-3

Present

His Excellency Thomas Lord Culpeper Govern1, & c
Mr Bpencer Coll Phillip Ludwell

J? „ATudlt ,Bacon Co11 Wm Cole

Coll Joseph Bridger Coll John Page

y; OIT °" of this Board and ye Councel doe unanimously
offer it to his Excellency, as y® last result of their frequent consulta-

Executive Journals, Council of Colonial Virginia

41

tions, that in this conjuncture of Affaires, It is most absolutely neces¬
sary, for ye peace and safety of ye Government, not only that there
should be some more soldiers added, to those few already thought fit
to be kept up, before his Excellencies Arrival, but more especially,
that there should be care taken to preserve ye Dominion of ye water,
as y e best, and indeed only meanes, to hinder & prevent all commotions,
tumults and disturbances on land, and to secure Trade agl Pyrates,
that now begin to infest it. They doe therefore humbly desire his
Excellency immediately to Add a Corporal and ten men Att least, to
those already being, to make the whole a Serjeant, Corporal & Eighteen
soldiers, as alsoe to furnish and Equippe, for ye present a sloop or Ves-
sell of about sixty Tunns and ten Guns well fitted with tackle, rigging
& furniture, with Master, mate and Gunner and fifteen able Seamen
att least, to cruze about ye Capes, untill his Majesty shall give direc¬
tions, for a better ship, which they doubt not, but he will be pleased
to doe next year, And in ye mean time Approve of this ,for otherwise
y* Country is not safe, and they cannot be answerable for ye Govern¬
ment, woh they humbly begg his Excellency to represent to his Ma¬
jesty, and ye Councel Att Home the most effectually he can.

Nicho Spencer Secry

Att a Councel held at James Citty
Aprill 16th 1683
Present

His Excellency Thomas Lord Culpeper Govern1, & c
Mr Secretary Spencer Majr General Smith

Mr Auditor Bacon Coll Phillip Ludwell

Coll Wm Cole

Mr Henery Whiting being Summoned to make his personal ap¬
pearance, before this Board, for uttering and declaring Several wotds
of dangerous consequence, to the disturbance of his Majtl®3 Peace, in
in his Governmen1 accordingly made his appearance: And it being
evidently made appear, by a Substantial evidence viva voce, that he
had declared such words, as he was accused to be ye Author of Viz in
ye Session of ye Assembly in Aprill 1681, if care were not taken to make
a Cessation, Wee must all goe a plundering, with others such like,
which being seriously considered, are found (especially in this juncture
of time) to be unfitting for any of his Majties Subjects to declare (espe¬
cially one in ye capacity of a Justice) ye same tending to ye subversion
of his MajtieB Peace, This Board doe therefore unanimously order,
that ye said Mr Henery Whiting be Suspended from and presume not
to exercise any office, either Civil or military in this Governm1 until
ye signification of his Majties pleasure shall be further declared herein,
to whom ye said Whitings Accusation will be transmitted, and that he
enter into bond, with good and sufficient security, for his good be¬
haviour and abearance towards his Majesty and all his Leige people,
until the first day of ye next General Court

A true Copy
Test

Nicho: Spencer Secrty

42

Executive Journals, Council of Colonial Virginia

Att a Councel held Att James Citty
March 13th 1682-3
Present

His Excellency Thomas Lord Culpeper Govern1, & c
Nicho: Spencer Esq Secret Coll Phillip Ludwell

Natha: Bacon Esq Audit: Coll Wm Cole

Coll Joseph Bridger Coll John Page

Whereas his most sacred Majesty by advice of his most Honrble
Privy Councel of ye 24th of May 1678, grounded upon a report of ye
Late Lord High Treasurer, was pleased to give liberty to Thomas
Sands of London merchts to ship out of this Colony, free of ye impost
thereof five hundred and eighty hhds of Tobacco for the Kingdome
of England in leiw of that quantity, which after payment of y® duty,
he exported from hence, in ye year 1665 on ye William and Sarah,
which was taken by ye Dutch and utterly loss’d, wch not being com¬
plied with,. ye said Sands again petitioned his Majesty in Councell &
set forth his hard usage and desired releife, his Majesty thereupon re-
ffered ye same to ye Lords Commissioners of ye Treasury, who on ye
seaventeenth day of June 1682 returned their report, that they were
of opinion (if ye same stood with his Majesties good liking) that the
petitioner should be allowed and permitted to ship out of this Colony, y *
like quantity of Tobacco being five hundred and eighty hhds of To¬
bacco in liew of that formerly loss’d, whereupon his Majesty in Councel
on ye said 17th of June 1682 was pleased to authorize and require his Ex¬
cellency the Lord Culpeper, to issue all necessary orders and directions
for allowing ye said Impost unto y® said Thomas Sands, which order
of his Majesty in Councel, his Excellency was pleased this day to
present and communicate to y® Councel, requiring their advice therein,
to which they humbly & unanimously offer their opinion and beseech
his Excellency to represent the same to his Majesty, that y® Allega¬
tions and Affidavits of y® said Mr Sands of y® usage of Virginia, as to
the reallowance of y« Country Duty of two shillings per hhd in case
of losses by Capture or otherwise are wholy mistaken and y® matter of
fact very wrong represented to his Majesty, for the same was never
permitted, but once, many years since by one of y® Collectors here by
mistake, and y® Constant usage of Virginia was before and hath been
ever since, quite contrary, besides which, thare are many of his Ma¬
jesties good subjects both here and in England in the like condition,
whose cases will be full as hard and merrits full as great, as wee
humbly conceive, when known to his Majesty, as the said Mr Sands,
who out of modesty, and for that they would not disturbe his Majes¬
ties revenue and Governm* with unnecessary clamours, have forborne
to trouble his Majesty or Councel therewith, either here, or in England,
who will att least, as reasonably, expect y® same liberty, which will
amount to very great Summes, totally exhaust y® revenue here, that
cannot already bear y® ordinary charge of y® Government, and hazard
y® quiet of ye Country, with which reasons Wee hope his Majesty will
be fully satisfied and in y® interim to prevent all inconveniences and

Executive Journals, Council of Colonial Virginia

43

ye petitions of such, as notwithstanding ye positive orders to y® con¬
trary, will hope for the like favour, and expect y® same Justice, Wee
humbly desire and advize his Excellency to suspend the execution
thereof, untill his Majesties pleasure in Councel be further declared
therein.

Nicho: Spencer Secrty

Att A Councel Att Green Spring
May 22 d 1683
Present

His Excellency Thomas Lord Culpeper Governr & c
Mr Secret Spencer Coll Phillip Ludwell

Mr Audit1 Bacon Coll Wm Cole

Coll Joseph Bridger Coll John Page

His Excellency was pleased this day to communicate to the Coun¬
cel, that since It had pleased God, to blesse his & y® Councells endeav¬
ours, with such good Successe, that ye Country was in a peaceable
condition, and Soe well setled, that all persons Applyed themselves to
planting Tobacco again, to that degree, that (y® Season of y® year
concurring) there never yet was, since y® first seating of y® Colony, soe
great a Crop in hand, wch great plenty must inevitably y® next year
or ye year after, clogge y® market and make y® same to be of low price
again, he did think it fit, both for his Majesties & Countries service,
to make a stepp immediately into England, and that much better now,
then next year, as well to give his Majesty in person y® state of y®
Government and an exact account of all his Actings, since his Arrival,
as to sollicit y® proposals made by y® Councel, and (if possible) to
prevent or att least diminish y® future inconveniences of a Cheap mar¬
ket, with full resolution to returne next year again, and sooner, if his
Majesty should think fitt or y® state of affaires require, to all which
reasons y® Councel fully concurred, wishing his Lordship a good voy¬
age, good successe & a speedy return :

It was then alsoe ordered, that his Excellency should issue out a
short declaration, to let y® people know, how his Majesty hath thought
fit, to settle y® Government, untill his returne, that they may yeild
obedience accordingly:

And for y® entire satisfaction of y® Councel, as his Excellency
hath, on their unanimous advice augmented y® Guard to three files,
with a Serjeant and Corporal (in place of a Serjeant & eight men) and
equipped out y® sloop with eighteen Seamen and payd y® same out of
his sallary, ever since ye first day of January last past, till this day, soe
he doth resolve to continue y® same for y« future, and doth order y®
Auditor to pay y® same, and all charges relating thereunto, out of
y® first receipts of his sallary, out of y® two shillings per hhd

And lastly to y® intent, that ye payment of y® Horse & men ap¬
pointed by y® laste Act, to range about y® Falls against y® Indians,
may not require y® Sitting of An Assembly sooner then otherwise
would be thought fit, His Excellency doth undertake, out of his In-

44

Executive Journals, Council of Colonial Virginia

comes here, to advance them one halfe yeares pay on y' Credit of y®
said Act, out of this Croppe And pay it by December next, ye same to
be reimbursed again, ye next year after this.

Nicho: Spencer secry

Att A Councill at Green Spring May ye 22 d 1683

Present

His Excellency Thomas Lord Culpeper Govern1, & ca
Mr Secretary Spencer Coll Phill Ludwell

Mr Auditor Bacon Coll Wm Cole

Coll Joseph Bridge [r] Coll Jn° Page

It’s this day Resolved in Councill & accordingly ordered, y* after
the Govern1, dues, y® Councells Sallery, Contingent moneys, and Mr
Blaythwaite are paid, out of the Publique Revenue, y* Mr Auditor
Bacon make noe payment of any Sum Exceeding five pounds sterl out
of ye overplus (if any such there be) but by ye Govern1, 3 warrant with
y® advice of five of y® Councill att least

There being two of the Councill dead since his Excellencies ar¬
rival Viz* Coll Mathew Kemp and Sr Henry Chicheley, and Coll John
Custis being in so languishing a Condicon, that he hath not been able
to attend in many moneths, and as is feared will never Recover, and
Majr Gen11 Smith and Coll Ludwell goeing also for England, His Ex¬
cellency did this day Call Coll John Lear to be one of the Councill, a
person in all kinds duely Qualified thereunto, and approved of by
Every one of y® Councill then present, who haveing taken the oath of
allegeance and Supremacy, with y® oath of a Councellor, and Sub¬
scribed the Test took his place accordingly.

It’s the opinion of this Board, and accordingly ordered that y®
Clerk of y® Councill be allowed for his great trouble, Charge, & more
then ordinary attendance since his Excellencies Arrivall the Sum of
fifteen pounds sterl to be paid by Mr Auditor Bacon, out of Impost of
two shill per hhd, and y* y® same allowance be for y® future paid the
same way yearly.

Nicho: Spencer Secrty
By his Excellency

A Proclamation for the Raiseing the Price of Forraigne Coyne.

Whereas his Majesty, upon the address of the Genr11 Assembly,
in 1680, for the Advancement of the price of moneys hath beene Gra¬
ciously pleased to take under his Royall Consideration, the present
Condition of this his Collony and Dominion of Virginia and that the
management of Trade and Comerce, is much impeded, for want of
Coyne, and Cannot be hoped to be otherwise but by prescribeing waies
and meanes, whereby to Encourage money to be brought into this
anc[ afterwards kept here the which the better to accomplish
and Effect, his Majty hath beene graciously pleased out of his Princely
goodness, by his Royall Instructions, beareing date the twenty seventh

Executive Journals, Council of Colonial Virginia

45

day of January 1681 to Direct Authorize and Impower Me Thomas
Lord Culpeper, Baron of Thorsway, his Majties L* and Govern1- Gen"
of Virginia, with the advice and Consent of the Councill, to Raise the
price of Foraigne Coyne, (Excepting allwaies what shall be given in
payment of the Act of two shillings per hhd on tobacco Exported the
Quittrents and other Duties payable to his Majesty and the Govern¬
ment, which are all to be satisfied in sterl money according to the same
value, as formerly, and not otherwise). I doe therefore pursuant to
the said Royall Instruction, with the advice of the Councill, in his
Majties name, by this Proclamacon Publish declare, and make known,
that from and after the five & twentieth day of March next, all and
Every french Crown, Rex Dollor, peice & peices of Eight, being good
Silver, shall pass, from man to man, by way of payment to ye full
and reall value of six shillings, halfe peices att three shillings quarter
peices att one shill Six pence, halfe quarters att ninepence, and that
the Coyne Comonly Called New England money shall pass att one
shilling, halfe and quarter peices proportionably, untill his Majty shall
signifie his pleasure, to the Contrary Concerning ye said New England
money, and y* it shall and may be lawfull for any person or persons who¬
ever, in this his Majtie3 Dominions, to make payment of all Debts, wch
shall be Contracted after the twenty fifth day of March next Ensuing,
in any of ye aforenamed Coynes, according to ye aforementioned rates,
(Excepting all waies what shall be given in payment of ye Act of two
shill per hhd, on tobacco Exported, the Quitt rent and other duties
payable to his Majty, and the Governm4, wch are all to be satisfied in
sterl money according to the same value, as formerly & not otherwise)
also all moneys that shall becom due by Bills of Exchange or Contracts
made for Bills of Exchange payable in England or Elsewhere out of
the Country, wch are to be paid in money sterl. and noe Otherwise,
And I doe by and with the Advice of the Councill in his Majties name
hereby Publish and Declare that if any person or persons whatsoever
In this his Majties Collony and Dominion of Virginia, from and after
the five and twentieth day of March selling any Goods, wares, or mer¬
chandizes whatsoever, for money shall Refuse to accept the payment
thereof, in any of the said Coynes, att the Rates aforesaid, that then
such tender shall be held and Deemed a Lawfull tender, in any Court
of Record in this Collony, and upon payment of the said moneys, att
the Rates aforesaid shall be Discharged of the said Debt. And I doe
hereby strictly Charge and Require all his Majties Subjects, and all
others who now are or hereafter shall be Inhabitants of this his Maju«8
Collony, or doe or shall Trade or Traffique or Merchandize in this his
Majties Collony and Dominion of Virga Entirely to observe and fully
performe all and Every Clause and Clauses, in this Proclamacon Con-
teined, as they will answere the Contrary, att their uttmost perills,
Given under my hand and the Seale of the Collony this 31th day of
lanuarv 1682-3 Annoq Regni Regis Caroli Secundi nunc Angliae & c
j5o Tho Culpeper

God save the King

A True Copy Test

Nicho: Spencer secrty

To the Sherriff of
or his deputy

46

Executive Journals, Council of Colonial Virginia

By his Excellency

A Proclamation Requireing all Justices & Churchwardens to bring
or Cause to be Brought to the Secretaries Office under their Respective
hands a perfect abstract of the Levies Raised and levyed this present
yeare, in their Counties and Parishes

Whereas it hath been Represented, to his most Sacred Majesty,
that very Considerable Sumes of tobacco, are Annually Raised, on ye
Inhabitants of this his Majties Collony and Dominion of Virginia, for
the Discharge and payment of Publique County and Parish Charges
and Dues of wch noe particular Account hath beene Rendred his Majty,
whereby to be satisfied, whether the same hath become justly due, as
also whether Rightly Applyed and duely Administred, wch his Majty
haveing taken under his Consideracon, and out of the tender Care he
hath, of his Subjects welfare, to the Intent nothing be Raised upon the
Inhabitants but what is absolutely necessary, for their own good and
preservation, hath been pleased, by his Royall Instruction, to Signifie
unto Me Thomas Lord Culpeper Baron of Thorisway his Majties L*
and Govern1- Gen11 .of Virginia that his Will and pleasure is, that I
Cause to be transmitted to his Majty a particular and full account of
the Publique Levy, as also of all and Every Levy and Levies in Every
County and Parish in this Dominion. In pursuance to which I doe
by this Proclamacon, in his Majties name, with the advice of the Coun-
ciU Require & strictly .Coman d the Justices of the peace of Every Coun¬
ty and Counties, in this Collony, to bring or Cause to be safely brought,
to ye Secretaries office, on the sixth day of next Aprill Gen11 Court, in
James Citty, a particular and full account sealed up of their County
Levy, this yeare Raised and levied, on the Inhabitants of the same,
Expressing Every Article for what due, and that the same be testified
under the hand of the first in Commission of the peace, in Every Re¬
spective County, in this Colony, And I doe likewise Require and
Comand by this Proclamacon in his Majties name, by ye Advice of
the Councill all & Every Churchwarden and Churchwardens of every
parish and parishes in this Collony, to bring or Cause to be safely
brought to the secretaries Office att the time & place aforesaid, a par¬
ticular full and perfect account of their parish levy Sealed up, this
present yeare assessed and levyed, with full signification for what
Every Article became due, and y‘ ye same be signed, by the hands of
the Churchwardens of Every parish and parishes in this Collony, And
1 doe hereby strictly Charge and Require all and Every Justice and
J ustices of Every County and Counties, as likewise all and every
Churchwarden and Churchwardens, of every parish and parishes in
tins Collony, to yeild due obedience, by a timely Returne, as by this
Proclamation directed and Required, as they will answere the Contrary,
att their uttmost perills, Given under my hand and the Seale of the
Collony this 31st day of January 1682-3 Annoq Regni Regis Caroli
secundi nunc Angliae & c 35° Tho Culpeper

God save the King

A True Copy Test

To the Sherriff of
or his Deputy

Nicho: Spencer secrty

Executive Journals, Council of Colonial Virginia

47

By his Excellency

Whereas by Act of Assembly It is Provided that a Grand Jury be
annually Impannelled and Sworne in Every County, to Enquire of the
breach of all poeriall Lawes, in their Severall Counties, and to make
presentment thereof, to the severall Counties Courts twice a yeare
(Viz1) in Aprill Court and December Court, when the Justices are to
Receive them, and fine the offenders according to the severall Acts
made and Provided, and it being Represented to me that for want of
due Execution of the same, severall Lawes are become ineffectuall, in
which that I may have a true Informacon, whether the same hath beene
through the default of Grand juries not makeing Presentments as by
Law Required, or in the Justices in not Directing Grand Juries to be
Impannelled or by the Justices Remisse Execution of the Lawes on
offenders when Presented, Therefore I Thomas Lord Culpeper Baron
of Thorsway his Majesties Ll and Governr Gen11 of Virginia, in his
MajtieB name, by and with the Advice and Consent of the Councill, doe
by this Proclamacon, Require and strictly Comand all and Every
CountyCourt of this his Majties Collony of Virginia, to give Directions
for the Impannelling of Grand Juries, within their Respective Counties,
which Grand Juries so Impannelled, are to Enquire and Due Present¬
ment make, of all the offenders ag* the Lawes of this Collony, but
most Expecially, that Strict Enquiry be made by the Grand Juries,
after the breach of that most provident and necessary Law, Requireing
two Acres of Indian Corne or one Acre of wheate to be planted and
tended by each Tythable, in Every Respective County, and that not
to faile, but due presentment made of all the offenders therein, And I
doe hereby Require and Strictly Comand the Justices of every County
and Counties in this Dominion to Returne all such presentments made
by the Grand Juries from March 1680, and that shall be made from
this time, to the twelveth of Aprill next, under their Respective hands
sealed up to the Secretaries Office, on the twelveth day of ye next Gen11
Court, to y* Intent noe man may presume to ground his neglect or
Contept, upon any former Remissness, and so futurely to ye fifth day
of Every Gen11 Court, And I doe hereby further Require & Comand all
his Majties Justices of ye peace and Grand Juries of Every County and
Counties, in this Collony, in their Respective stations and Qualifica¬
tions to render and pay all due Obedience to this Proclamacon, as they
will answere the Contrary att their uttmost perills, Given under my
hand and the Seale of ye Collony this 13th day of March 1682-3
Annoque Regni Regis Caroli secundi nunc Angliae & c 35°

Tho Culpeper

God save the King

A True Copy

Test Nicho: Spencer Secrty

To the Sheriff
of .

48

Executive Journals, Council of Colonial Virginia

By his Excellency
A Proclamation

Forasmuch as upon the first Notice Given to ye L‘ Governr &
Councill of the Riseing and Gathering together, of Disloyall & Mu¬
tinous Persons, in Glocester County in a Rebellious manner, forceably
Entering ye Plantacons of many his Majties Leige people, of the said
County of Glocester Cutting up and Destroying tobacco plants, for
timely suppression whereof, ye IA Governr by and with the Consent
of the Councill, in his Majties name by Proclamacon strictly Required
and Comanded all persons so Risen and Gathered together forthwith
to Returne to their allegeance, and to Seperate and peaceably and
Quietly to Returne to their homes and habitations, And in Case of
their persisting likewise Required & Commanded all his Majties Leige
people, in this Dominion to be aiding and assisting in Subdueing & Re-
duceing those tumultuous & mutinous Plant Cutters, wch Clemency not
Readily finding its desired Effects, Did by another Proclamacon De¬
clare them to be Traytors and Rebells ag* our Soveraigne Lord the
King his Government and Lawes, and Charged all his Majties Subjects
not to Correspond, aid, or joyne with any the said Rebellious and
Traytorous Plant Cutters, who being (by the Blessing of God) on the
forces Sett forth, for that Service, Subdued & Suppressed, And whereas
John Haley of Glocester County supposed to have been an Active
Contriver and Carrier on of Plant Cutting, stood bound with good se¬
curity, to have appeared the fourth day of the last November Gen11
Court, before the L* Govern1" and Councill, and att the same time,
Called to Come forth, and make his appearance, but did not appeare
and Ever since hath absconded, hid and Concealed himselfe, with
intent, to avoid a legall tryall. Therefore I Thomas Lord Culpeper
Baron of Thorsway, his Majties L* and Govern1" Gen11 of Virginia, by
and with the Advice of ye Councill in his Majties name, strictly Charge
and Comand him the said John Haley to render and Deliver himselfe
up, into the hands of the High sherriff of one of the Counties of this
Collony, or to ye Secretary of this Collony, wch Sherriff or Secretary
is to bring him with all hast to the Gen11 Court, upon or before the
first day of the next Gen11 Court, being the fifteenth day of Aprill next,
in order to his legall Tryall, under such penalties, as the Law Directs,
for such as avoid Justice, & doe not Come in, upon his Majties Pro¬
clamacon, and in Case of his faileur then I doe hereby, in his Majties
name, Strictly Charge & Comand all his Majtiea Subjects, in this his
Ma]ties Dominions of Virginia, not to harbour hide or Conceale the
pferson of the said John Haley, but y* they Apprehend, take & Secure
him ye said John Haley, & him being taken, safely to Render and De¬
liver to one of his Majties Councill or to ye sherriff of the County where
he shall be taken, to be by them made forth Comeing to Law, and he or
they who shall according apprehend, take and Safely Deliver the per¬
son of the said John Haley, to one of his Majties Councill or sherriff of
ye County where he ye said Haley Shall be taken, shall receive for his
or their such good & loyall Service, the Reward of fifty pound sterl. to
be paid by Mr Auditor Bacon, And I doe in his Majtie8 name also

Executive Journals, Council of Colonial Virginia

49

hereby Declare, that he or they of his MajtieB subjects in this Dominion,
that shall be found to fade in their Duty herein, he or they shall be
Esteemed and punished as favourers of the Rebellion and Treason
that the said John Haley stands Charged with, and as persons acces¬
sary to and Guilty of the same, and to ye End all his Majtiea Subjects
in this Dominion, may have notice hereof I doe, in His Majtiesname,
Require and Comand all Sherriffs, in their Respective Counties, to Pub¬
lish and make known this Proclamation att, the Court house, and in
all other Publique places of y® said Counties as likewise all Ministers
in their Respective parishes, to the Intent none may pretend Ignorance
thereof. Given under my hand & the Seale of the Collony this 13th of
March 1682-3 Annoq Regni Regis Caroli Secundi Angliae & c 35°

Tho Culpeper

God save the King

To y® sherriff of.
or his Deputy

A True Copy

Test Nicho: Spencer Secrty-

Att a Councel held att James Citty
June 11th 1683
Present

Nicholas Spencer Esq President
Mr Auditor Bacon Coll Wm Cole

Coll John Page

Whereas John Haley of Glocester County labourer was lately
committed prisoner to y® Common Goal of James Citty County, for
Treason and rebellion ag* his most sacred Majesty, from wch Goal hav¬
ing on ye ninth instant made his escape, not daring to abide a legal
tryal; Its therefore ordered, that Proclamations doe issue to every
respective County in this GovernnY for y® apprehending and detecting
the aforesaid Haley, positively prohibiting all persons whatever, either
to hide, harbour or conceale him y® said Haley, but him being appre¬
hended, to cause to be forthwith brought and delivered into ye custody
of y® Sherriffe of James Citty County, under severe penalties to be in¬
flicted on him or them, that shall prove delinquent therein, or that
shall faile to bring y® said Haley in, knowing y® place of his residence.

Whereas Cap1 Roger Jones Commander of y® sloop Katherine,
now in his Majesties and Countries service, has represented to this
board, that his utmost endeavours, care and diligence has proved in-
successfull in compleating y® number of men appointed by this board,
under his Command, for navigating y® aforesaid sloop, and having
likewise represented, that there are very many dissolute young fellowes
out of employ, fit only for that service; It’s therefore ordered .that soe
many lusty Young men, both Seamen and others be forthwith pressed,
as will compleat ye number of men appointed for that service, by this
Board.

50

Executive Journals, Council of Colonial Virginia

Mr Auditor Bacon
Coll Wm Cole

James Citty August ye 30th 1683
Present

Nicholas Spencer Esq President
Coll John Page
Coll John Lear

Whereas Capt: Roger Jones Commander of ye Sloop Katherine
now in his Majesties and Countries service, hath informed this board,
that ye aforesaid sloop Katherine hath by ve late impetuous storme
riding in York river, suffered great losses in her mast & other damages!
w being lately repaired by workmen, several summes of money are
become due to them, both for their labour and meanes in repairing ye
same; Its therefore ordered, that Mr Auditor Bacon out of his first
receipts of y e Impost of two shillings per hhd satisfye to each particular
workman, and others concerned therein such summes, as shall appear
justly due to them or any of them, under ye hand of ye aforesaid Capf
Roger Jones, either for work or meanes.

Whereas this Colony hath been many times exposed to great
azard and danger by Privateers too frequently restoring hither and
may continue in ye like, or rather be lyable to greater danger, if some
course be not prescribed, whereby to prevent their Coming in, and
their knowledge of our rivers and Harbours, This Board have there¬
fore thought fitt, and It is hereby accordingly ordered; that noe per-
son or persons whatever presume to Pylote any ship, sloop, Pinke, or
Vessel] L that shall in ye least be suspected to be a Privateer into any
river, Harbour or Creek within this Government, upon such fines and
penalties, as ye Govern*- and Councel shall think fitt to impose on him
or them, or any of them, that shall dare to Act contrary to ye true
intent and meaning of this order, and provided any such Vessell shall
come to An Anchor within any harbour of this Government ve Tus-
h^;rf y6, Pea,ce of Ye next Adjacent County, are hereby required to
~e dlllgent and careful in discovering who presumed to offend con¬
trary to ye true intent and meaning hereof, and when known to bind

him or them over with good securities to ye next General Court to
answer for ye same. ’

Whereas this Colony hath been many times, in danger of famine
not only through ye peoples great neglect of planting Corne but like¬
wise occasioned by reason of ye exorbitant desires of lucre, in exporting
ye saiPe’ notwithstanding very strict decrees & proclamations in for¬
mer times commanding ye one, & prohibiting ye other and seing that
nothing can be more dishonorable to our nation, Then to stand in need
of Supplies of our most necessary food from forraigne parts, or ve base
salvages, nor more dangerous, then to have our lives, and ye life of ye
Country itselfe, to depend upon the uncertaine hope of Trade with
either and seing It hath pleased ye Almighty God, on ye twelveth day
of this instant August to raise up & excite soe great a gust both of wind
and rame, that it hath in all probability destroyed ye greatest part of
Indian Corne growing on ye ground and great quantities of wheat, by
y« unhappy falling of houses, and seeing there is noe likelyhood of a
sufficiency of Corne, if a liberty of exportation be permitted to any ;

Executive Journals, Council of Colonial Virginia

51

yet nothwithstanding many and sundry Couvetous & insatiable per¬
sons, seeking their own lucres and gaines, have and daily doe persist
to carry & convey innumerable quantities of Indian Corne and wheat
out of this Colony, into divers parts beyond ye seas, if woh course be
yet practised, ye said Indian Corne, wheat and all other Graine will
grow to a wonderful dearth & extream prizes to ye great detrim1 of
this Colony, and his Majesties subjects here inhabiting; for remedy
whereof this Board have thought fit, and It’s hereby accordingly or¬
dered, that Proclamations be prepared & issue, commanding & re¬
quiring, that from and after ye first day of October next noe wheat,
barly, pease, beanes, or Indian Corne or meale of ye same, shall by
any Inhabitant of this Colony, or person or persons herein trading be
loaden on board any ship, vessel, sloop or boat with intent of exporting
or carrying off ye same, from this his Majesties Colony and Dominion
of Virginia, contrary to ye expresse words & true intent and meaning
of this order, until ye twentieth day of June next, wch will be in ye
year 1684 (unlesse by future observations It shall be found fitt by
Proclamation to take off this restraint and prohibition of transporting
any or all sorts of Corne, graine, pulse or meale, upon y e penalties here¬
after mentioned, that is to say, If any person or persons, that load on
board any Vessell, ship or sloop any Corne, Graine, Pulse or meale, ye
same shall be forfeited, ye one halfe to our Soveraigne Lord ye King,
his heires and successors, ye other halfe to him or them informing, seiz¬
ing & suing for ye same, in any of his Majesties Courts of Record, in
this Colony, and to ye intent ye said Proclamations may ye better have
due observance and frauds prevented, all his Majesties Collectors and
Subcollectors in this Colony, are strictly to be charged, required and
commanded, upon the Entry of any ship, sloop or Vessel herein trading,
to take bond of five hundred pounds sterl, payable to our soveraigne
Lord ye King, his heires and successors, besides ye other parts of their
bonds of Entry, of Every Master and Masters of Ships, Vessels or
sloops, with good & sufficient security, that noe Corne, Graine, Pulse
or meale shall be loaden on board such ship, Vessel or sloop, contrary to
yc intent & true meaning of this order, and that Proclamations upon
forfeiture of his or their said bonds; and whereas It hath been found,
that masters of ships and Vessels have practised frauds & deceipts
in privately taking on board Goods after Clearing, ye aforesaid
Proclamations are to direct, that all his Majesties Collectors and
Sub- Collectors, upon ye clearing of any ship, vessel or sloop, take
bond of five hundred pounds sterl, with good and sufficient securities,
payable to our Soveraigne Lord ye King; his heires and successors,
of every master and masters not to receive or permit to be loaden
on board his or their ship, vessel or sloop in this Colony, any sort
of Corne, Graine, Pulse or meale, after Clearing, and ye said bond
to remaine and be of force in Law, for one whole year, after y date of
ye same; and whereas many ships and Vessels here trading either by
a long and tedious passage, or out of ye knowledge they have formerly
had of y e great plenty It hath pleased God to blesse this Country with,
may be necessitated here to revictual their ships, Vessels or sloops, in
such cases Its hereby provided, that such Master or Masters of ships,
Vessels or sloops making known to ye Collector, or Sub- Collector, with

52

Executive Journals, Council of Colonial Virginia

whom such masters of Ships, Vessels or sloops made their entrance,
their want of Corne, Graine, Pulse or meale, for ye necessary victualing
their ships, Vessels or sloops, such Collector or sub-Colltr is authorized
and impowered to permit such Master or Masters of such ships, Ves¬
sels or sloops to receive on board their ships, vessels or sloops such
quantities of Corne Graine, Pulse or meale, as he shall Judge necessary
for y® victualing such ships, Vesse.s or sloops, for ye present voyage,
notwithstanding ye former restriction.

Hot Waters September 17th 1683
Present

Nicholas Spencer Esq Prseident
Coll Nathaniel Bacon Coll Wm Cole

Coll John Page

Pursuant to Mr Presidents request this day ye above Gentlemen
of ye Councel mett, in order for a consultation about some Speedy
course for ye prevention of ye Seneca Indians future Incursions, and
perpatrations of Spoils on ye stocks and Inhabitants of this Colony,
att wch Time all letters directed to ye Honrble Mr President, from the
Commanders of Rappa: and other Counties signifying ye late disasters
sustained by ye Indians barbarity, as likewise Mr Presidents returns &
orders thereon grounded, maturely and seriously considered, were
approved of by ye said Board, (being as effectual as possibly could,)
who make it their request, that he would continue his care, by forth¬
with dispatching a messenger to ye northerne parts for advice, how
those parts stand affected, in what posture of defence our Inhabitants
are in, w‘ effects are wrought by ye said Indians, what number of them,
& that he give directions for constant rangings, against whose returne
(provided ye Indians continue their rapines, depradations & Spoiles)
ye Councel will convene (ye General Court being att hand) & consult
of some meanes to bee Speedily put in execution, both to prevent the
Enemies future injuries, and force a satisfaction for all damages al¬
ready susteined both in our stocks and ye losse of our fellow Subjects.

James City October 12th 1683
Present

Nicholas Spencer Esq President
Coll Nathaniel Bacon Coll John Page

Coll Wra Cole

Nicholas Spencer Esq President having this day produced to this
i w Coppies of those Orders and Commands he issued out to Coll
Jo West, Cap* Edmund Bacon, Coll John Stone, L* Coll Cad: Jones
* V aPt: Gfojge Brfnt, in y® present Indian affaire, wch being perused
This board have thought ye same very effectual & necessary for v®
present occasion, and return him their thanks for his care therein.

Executive Journals, Council of Colonial Virginia

53

James Citty November 21th 1683
Present

Mr Auditor Bacon
Coll Joseph Bridger
Coll Wm Cole

Nicholas Spencer Esq President
Coll John Page

Coll Wm Byrd
Coll Jon Lear

Mr President having this day communicated to ye Councel all
late occurences relating to ye Seneca Indians incursions, how they have
perpatrated great Spoiles on ye stocks of ye Inhabitants of this Gov-
erm1 riffled some houses, and reduced and taken ye Mattapony Indian
Town, and att present beseiged ye Chickahominy fort, wch being taken
into consideration by this board, and how fatal ye consequences may
be, if not timely Prevented, either by an accomodation or force, being
thoroughly debated, This Board have thought fitt, and doe hereby
accordingly propose & request that ye Honrble Coll Wm Byrd, one of
his Majesties Councel of this Colony, doe forthwith repaire, either to
Chicahominy or Rappa: Indian Fort, one of them being now beseiged
by y® Seneca Indians, there to treat with them, according to such In¬
structions, as he shall receive from this board; in wch Coll Wm Byrd
readily declared his willingnesse to secure his King & Country, This
Board doe therefore most heartily & unanimously returne him their
thanks for ye same, and order ye Instructions be immediately prepared
for his better conduct & guidance therein.

James Citty November 29th 1683

Present

Nicholas Spencer Esq President

Coll Jon Page
Coll Wm Byrd
Coll John Lear

Natha: Bacon Esq
Coll Joseph Bridger
Coll Wm Cole

Whereas on ye 13th of March 1682-3 his Excellency y® Ld Cul¬
peper & Councel to preserve y® Dominion of y® water, as ye best and
indeed only meanes to hinder and prevent all Commotions, tumults
and disturbances on land, and to secure Trade against Pyrates, which
of late commonly infest us, furnished and equipped a sloop mounted
with Gunns and men, to Cruize about y® Capes, which Charge, until
his Excellencies returne for England, was satisfied out of his Excel¬
lencies sallary, wch Vessell not answering y® expectation & designe
of this board, and finding that noe certaine wayes can be prescribed
for defraying further charges, woh_ accrue by reason thereof, which
being taken into serious consideration by this Board, and to prevent
such needlesse and excessive charges, It is therefore ordered, That y®
aforesaid sloop and men thereto belonging be forthwith discharged, and
that all y® amunition, armes, rigging, and sailes be sent to his majesties
stores, att middle Plantation, and y* Mr Auditor Bacon, after y® ac¬
counts are made up & settled by Capt. Roger Jones Commander o y
said sloop pay all just dues and charges accruing thereby ,att three

54

Executive Journals, Council of Colonial Virginia

moneths day of payment, in money Sterl, or else immediately in goods,
with a moderate advance, for woh charge Mr Auditor is to be repaid
either out of ye first receipts of his Excellencies sallary, or his Majesties
Dues & Incomes (ye said sloop being first furnished, equipped and since
continued For his Majesties service) and ye sloop to be laid up in such
place, as ye present Commander shall think fitt.

Whereas ye Barbarous Seneca Indians have lately made Incur¬
sions & Inroads amoungst ye Inhabitants of this his Majesties Colony
of Virginia, perpatrated great spoiles on some stocks & plantations, &
as may be feared, designe in all probability to continue & persist in
such their outrages; if not timely prevented, that wee may be there¬
fore in all readinesse, not only to defend our selves, but if occasion
should require, that we may be likewise in a posture to oppose and debar
their further progresse, all and every Collector and Collectors, in this
his Majesties Colony and Dominion of Virginia, are requested and ord¬
ered by this Board, to use their best care and endeavours to provide
att their entry of ships one thousand weight of shot, bullet, Carbine,
Pistoll, swan and goose, for wch charge they shall be allowed againe att
their making up their accounts of fort Duties att ye Audit.

This board taking into their serious consideration ye great dan-
gers our neighbouring Indians (whom by Articles of Peace wee are
obhdged to defend), are daily exposed to, by ye incursions of ye Seneca
Indians, and endeavouring to find some expedient for ye future to
defend them from their violence, doe conclude it absolutely necessary,
tor ye preservation of our Indians, that either Rappa: & Nanzattico
Indians be united & incorporated (ye Nanzatticos being willing) or
tbat yj TP-pa: *ncbans remove to their new fort, and that this may be
effected, It is ordered that both ye said Indian nations be made sensible

° °.f thlS boa.rd f°r their defence, and likewise freindly ad¬

monished, that an union will produce ye better effects, and that ye
Indians may be safe on their wav fif thev rmKPni o if

y ^uwcr 01 commanding in Chiefe shall reside in ye said

Executive Journals, Council of Colonial Virginia

55

Coll Hill, and in case ye Appamattox Indians shall stand in need of any
amunition or provision, Coll Wm Byrd is requested to supply ye same
according to his discretion, which shall be satisfied againe

Att a Councel held in Glocester
February 21th 1683-4
Present

His Excellency Francis Lord Howard Govern1, Gen11 & c.

Coll Natha: Bacon Ralph Wormeley Esq

Coll Wm Cole Coll W” Byrd

Coll Christopher Wormeley.

His Excellencies Commission from his Majesty bearing date att
Westminster ye 28th day of September in ye 35th year of his majesties
reigne, was this day read in Council, after wch his Excellency took ye
oath of Govern1, as likewise ye oaths of Allegiance and supremacy and
subscribed ye Test in presence of this board, who took their respective
Oaths of Councellours, ye Oaths of Allegiance, supremacy and sub¬
scribed ye Test. .

After which a Proclamation continuing all Civil and Military Mag¬
istrates and Officers in ye execution of their respective powers and au¬
thorities, until new Commissions goe forth, was perused, allowed and
ordered to be immediately issued forth.

Whereas his Excellency acquainted this board, that by his Maj¬
esties Commands he had many matters of great moment to communi¬
cate to an Assembly, It is therefore ye opinion of this board & accord¬
ingly ordered, that writts be prepared and issue forth for y® election of
Burgesses who are to convene and meet att James Citty, on ye six¬
teenth day of Aprill next, then and there to hold a General Assembly.

James Citty May 9th 1684
The whole Councell

Whereas an Information was presented by his Majesties Attorney
General against Majr Robert Beverley for high misdemeanours, wch
being found, JudgenT was respited by y® Govern1, and Councel, that
they might better advise, what Judgend: was fitt to be passed; and
seing his Majesty hath been graciously pleased to extend his favour to
actual Plant Cutters and ye aforesaid Beverley by petition supplicating
y® bench, on his bended knees, in a most submissive manner and pub-
lickly acknowledging his error, and begging pardon for y® same; It
is y® opinion of this board (y® dignity of y® Govemm* being righted)
that it will be for his Majesties service, to remit y® aforesaid Beverlies
Crime, upon his giving bond, with good and sufficient securities tor his
future quiet and peaceable comportment towards his Majesty and all
his Leige people and paying all charges since his first commitm w® 1
he said Beverley is hereby ordered to doe.

56

Executive Journals, Council oj Colonial Virginia

James Citty May 19th 1684
His Excellency Francis Lord Howard Governr

Mr Secretary Spencer
Mr Auditor Bacon
Coll Joseph Bridger

Coll Phill Ludwell
Coll Wm Cole
Coll John Page

Coll John Lear

This day Mr Secretary Spencer presented to this board a letter,
wch he received from Capt: Tho: Smith Commander of ye ship Con¬
stant of London, now riding att anchor in Nominy Bay, in Potomacke
river, within ye GovernnV of Virginia, woh being read, It was therein
sett forth, that about ye latter end of Aprill, he went with a sloop to ye
Province of Maryland, for Tobaccos to bring on board his ship, and
offered and endeavoured to make Entry of his said sloop, as usual in ye
like cases of Trade, between ye two Governmts but was refused and re¬
quired to make Entry of his ship (as was alledged) riding in the Prov¬
ince of Maryland, and y‘ a second time he endeavoured the same, but
was likewise denied by ye Collector, and commanded to make Entry
of his ship, nothwistanding, she rid in ye Government of Virginia neeV
high water marke, woh he refusing (having already entred in Virginia)
he was soon after taken into custody & compelled to make Entry of
his said ship, to his great damage, being constrained to pay double fort
Duties, & y e Charges of two Entries and ye Lord Baltemore being
this day present in this his Majesties Governm4 in James Citty, ye
Complaint in Capt: Smiths letter was shown to him, whose reply was,
that what was done, was by his order, in his own right and by virtue
of his Pattent from his Majesty, wherefore It was and is hereby ord¬
ered, that it be represented to his Majesty how greivous it will be to
his Majesties subjects, and destructive to Trade in Potomac river, in
his Majesties Governnff if masters of ships, by that pretence of ye
Lord Baltemores, shall be deterred, from riding with their ships in
Potomack river, on ye south side thereof, in ye Governm1 of Virga woh
hath an immediate dependance on his Majesty.

Poropotanke June 17th 1684
His Excellency Francis Lord Howard & c

Mr Secretary Spencer
Mr Auditor Bacon
Coll Joseph Bridger

Coll Wm Cole

Ralph Wormeley Esq
Coll John Page
Coll Xpher Wormeley

Coll Phill Ludwell

. Whereas Cap1 Geo: Cooper Commander of ye Thirty men ap¬
pointed by Act of Assembly to range in Rappahanack County, this
day appeared att ye Councel board, and acquainted ye board, that he
has been up Rappa: river, and endeavoured to raise ye aforesaid num¬
ber of men, but finds an unwillingnesse in y® former soldiers to continue
ye service & doubts he cannot raise ye aforesaid number; It is there-
oie ordered, that y* aforesaid Capt: Geo: Cooper return to his Com-
mand, to compleat his number of men and horse, wch if he cannot doe,
within one moneth, then he is hereby required to signifye ye same to y®

Executive Journals, Council of Colonial Virginia

57

Council, to y 6 intent ye number may be compleated by way of impresse
by warrants woh will issue forth for that purpose. And whereas It is
probable, ye other Commanders may meet with ye like difficulty, ye
same method is to be observed by them, and for ye supply of men and
horse to compleat ye number appointed for Rappa: Glocester, Middle¬
sex and Lancaster Counties are to discharge that part; for Stafford,
Westmorland and Northumberland; for Henerico, Charles Citty, and
James Citty; and as for new Kent, if ye full number cannot be there
found, York is to make full ye same; and in case as many men doe not
voluntarily offer themselves, as ye Law directs, then all such single
Freemen, as are already listed, are ordered to continue, and ye full
number to be compleated, as aforesaid; and whereas It is probable
some matter of difficulty will occur, in providing convenient quarters
for ye aforesaid rangers, Two Justices in each of ye aforesaid Countys,
to wit in Henerico, Coll John Farrar & Capt1 Wm Randolph; in new
Kent, Coll John West, and L4 Coll George Lyddal, in Rappa: Coll John
Stone, and L4 Coll Wra Loyd and in Stafford Coll George Mason and
L4 Coll Wm Fitzhugh are ordered and required to provide in their re¬
spective Counties ye most convenient quarters for ye aforesaid rangers,
and for satisfaction of their respective quarters, each ranger is annualy
to pay for himselfe and horse twelve hundred pounds of Tobacco &
Caske, Ralph Wormeley Esq having voluntarily offered to provide
for five att ye same rate, in Rappa: County.

To his Most Excellent Majesty

May It Please Yr Most
Excellent Majesty

Yr Majesty in Councel having taken under yr royal consideration
ye report made by ye right Honrble ye Lords of yr Majesties most
Honrble Privy Councel appointed a Committee of Trade and Forraigne
Plantations, upon ye petition of Mrs Sarah Bland, one of ye Executors
of John Bland of London merch4 praying to be admitted to appeale to
Yr Majesty from divers sentences given against her, in Yr Majesties
Court, in Virginia; Yr Majesty was pleased by order in Councel of y®
3d of August 1682, to command, that a copy of Mrs Bland petition,
and ye paper thereunto annexed should be transmitted to yr Majesties
Governr and Councel in Virginia, with ye signification of yr Majesties
pleasure, that ye said S4 Leger Codd and Anna his wife be obliged to
appear before yr Majesty in Councel personally, or by their Attorneys
sufficiently impowered on their behalfes, to receive such Judgem4 upon
ye Appeal, as by yr Majesty in Councel shall be thought most agreable
to Justice, also ordering yr Majesties Governr and Councel, to take
care, that as well ye said Sarah Bland, as Coll S4 Leger Codd and Anna
his wife, doe give good and sufficient security to make their appearance
as aforesd Yr Majesty was likewise pleased by yr order in Councel of
ye 26th of Aprill 1683, upon ye petition of ye said Mrs Sarah Bland
setting forth, that she had endeavoured all in her lay to comply with
yr Majesties order, in finding security here, but could not, without
great difficulty, by reason of ye prevalency of Coll Codd, and praying
to be admitted to give security in England, Yr Majesty was pleased in

58

Executive Journals, Council of Colonial Virginia

Councel to order, that ye Clerk of ye Councel in Waiting should take
security according to ye said order, both woh said orders of your Maj¬
esty in Councel, Mrs Sarah Bland in person produced to Yr Majesties
Governr and Councel, in Yr Majesties General Court Aprill 20th 1684,
of wch having begg’d leave to make a recitall to yr Majesty, wee
humbly continue our supplication unto Your Majesty, that wee may
by ye order of yr Majesties General Court of ye 20th of Aprill 1684 re¬
present unto Yr Majesty our ready obedience unto yr Majesties orders,
upon ye petitions of Mrs Bland, though yr Majesties orders, upon ye
petitions of Mrs Bland, though she Did not, nor could not produce
Certificate, that shee had given security in England, but Yr Majesties
Governr and Councel in conformity to yr Majesties order, did take it
for granted, that ye Clerk of the Councel in waiting had taken se¬
curity, yr Majesty having Commanded it, and thereupon ordered Coll
S* Leger Codd with Anna his wife to give such security, as Mra Bland
declared herselfe contented with.

We likewise Conceive It our Duty, humbly to lay before Yr Maj¬
esty, how unfairely yr Majesties Councel here have been used, by ye
many untruths, fallacious Allegations, and pretended Affidavits sett
forth by Mrs Bland, both in her petition, and state (as she termes it)
of her case thereunto Annexed, woh though she knew to be most
faulty, yet presumed to offer it unto yr Majesty for truth, in her
petition confidently affirming, that ye most material parts sued for,
were judged against her contrary to ye opinion of ye Judges of
yr Majesties Court of Common Pleas in England, applied to, and de¬
sired by mutual consent, and in ye like abusive and scandalous manner
charges yr Majesties Councel with ye aggravations, that yr Majesties
Councel here should say, that they were not to be directed, nor
oblidged to give their Judgemts according to ye opinion of ye Judges,
nor any otherr, but according to their own Judgements, for evincing
those untruths, and confronting ye feigned allegations, and firmley
proving ye Assertions in all parts untrue, and the petitioners state of
her Case thereunto annexed, not lesse then a Libel against yr Majesties
Councel here; wee humbly supplicate, yr Majesty would be pleased to
admit ye order of yr Majesties General Court of ye first of May 1680
(of wch Mrs: Bland complaines ) to be considered, whereby, wee hope,
It will appear, y* yr Majesties General Court, before whom ye Cause
was then depending, did proceed therein exactly according to ye opin¬
ion of ye Right Honrble ye Judges of yr Majesties Common Pleas, and
accordingly gave Judgemt: in ye Cause; all woh is humbly submitted
unto yr Majesties Princely wisdome, whereunto wee yr Majesties
Councel humbly begg leave to appeale for such sentences ag* ye said
Mrs Sarah Bland, as yr Majesty in yr great Justice shall find fitt to
decree.

June 23d 1684

Executive Journals, Council of Colonial Virginia

59

To His Most Excellent Majesty

May It Please Yr Most
Excellent Majesty

Wee humbly begg leave, according to Our Duty, to represent unto
Yr Majesty, that Capt. Tho: Smith master of ye Ship Constant of
London in february last came to Anchor, in yr Majesties Port of Nom-
iny Bay in Potomack river, in Virginia, and according to An Act of
Parliament in that Case made and provided, made due Entry of his
ship, with your Majesties Collector of that District, with intent of
loading of his ship, in this yr Majesties Government of Virginia, as for
many yeares he hath done, but not finding Tobaccos to answer his
loading in this your Majesties Governirb and being offered Tobaccos
on freight in Maryland, went with his sloop belonging unto his said
ship, crosse Potomack, into Maryland, and applied to ye Collector
commissionated by ye R* Honrble ye Lord Baltemore, to give licence
of Trade to ships and Vessels desirous to Trade in that port of y® Lord
Baltemores Province, wch lies on Potomack river, but ye said Tho:
Smith as he hath informed Yr Majesties Govern1, and Councel, was not
admitted to enter his sloop, but required to make Entry of his ship, in
ye right of y® Lord Baltemore, though then y® said ship was riding att
anchor, in yr Majesties harbour of Nominy bay, in Potomacke river,
in Virginia, in wch said harbour Capt: Tho: Smith hath for many
yeares successively rid and loaden without any interruption or dis¬
turbance by pretension of ye Lord Baltemore, and ye said Capt: Tho:
Smith refusing to make Entry with ye Lord Baltemores Collector, was
by an officer of ye Lord Baltemores taken into custody, and detained
prisoner, until submitted unto an Entry of his said ship, with bonds of
a great value, for y® payment of y® Port Duties of his said ship, unto
ye Lord Baltemore, as if y® said ship had really rid within ye Ports of
y® Lord Baltemore, though in truth ye said ship Constant did then ride
in Nominy bay, not halfe a mile distant from y® Virginia shore, where
y® river of Potomack is computed to be neer seven miles broad, and
such are ye desires of y® Lord Baltemore, as to pretend to y® right of
yr Majesties whole river of Potomack, even to High water marke, on
y® shore of this yr Majesties Colony of Virginia, to the great discour¬
agement and disquieting of merchts & Masters of ships desirous to
Trade, in that part of yr Majesties Colony of Virginia, and will be
found soe chargeable unto them, paying Port Duties unto yr Majesty,
as is due unto yr Majesty, for riding in your Majesties Ports as afore¬
said; and att ye same time to be required and compelled to pay Port
Duties unto ye Lord Baltemore, that, if not releived, it will be a lessen¬
ing of yr Majesties revenue in this Governmd and make y® Trade of
that river soe uneasy both to merchts and masters, who are desirous
to Trade with yr Majesties subjects ye Inhabitants of three Counties
lying along ye shore of that river, that they will decline that Trade,
and thereby soe greatly streighten & necessitate ye Inhabitants yr
Majesties subjects of that part, as to be a means to cause them to
remove themselves into y® Province of Maryland, in hope of a quick
market for their Tobaccos, it being generally found, ships carry Trade
along with them, wch is humbly offered unto yr Majesties royall con-

60

Executive Journals, Council of Colonial Virginia

sideration, for such redresse against ye pretensions of ye Lord Balte-
more, as in your Majesties great Justice and wisdome shall be found

fitt.

June 17th 1684

To His Most Excellent Majesty

Yr Majesty having by Yr Royal Instruction of ye 3 d of December
1683 Commanded to take under consideration An Act passed att an
Assembly held att James Citty November ye 10th 1682 entitled An
Act for disbanding ye present soldiers in Garrison in ye Forts, att ye
heads of ye Several rivers; as alsoe for ye raising of other forces in
their Stead, and repealing ye said former Act under yr Majesties good
liking; In wch doe most humbly offer unto yr Majesty, that ye forts
formerly erected att ye heads of ye fouer great rivers, were found to be
of greater charge to keep up, then ye Country could well sustaine; as
alsoe that they did not answer ye ends of preservation hop’d from soe
great a charge, and y® forts being in a ruinous condition and uselesse;
Its ye unanimous opinion of ye Councel, that its for his Majesties serv¬
ice, and ye Ease of ye Charge of ye Country, those Acts doe stand re¬
pealed, as by Act passed, Att An Assembly held ye 16th of Aprill 1684,
by wch Act a Constant Guard is appointed att ye heads of ye great
rivers, woh It is hoped, will be ye most hopefull meanes of preservation,
and lesse chargeable then ye Forts.

Yr Majesty is likewise pleased to Command, that An Act passed
in ye said Assembly 1682, repealing an exception in ye ninth Act of
Assembly made in y® year 1664, concerning Arrests, be taken under
consideration, and reported unto yr Majesty, signifying unto yr Maj¬
esty ye reasons, for woh such Inhabitants of James Citty County, as
are not called to ye General Courts, for especial businesse, should be
exempted from Arrests; In wch wee are humbly of opinion, that noe
other reason can be offered for ye repeale of ye exception in ye ninth
Act 1664, then is expressed in ye Act of repeale, woh not being of weight
sufficient are humbly of ye opinion, that Act of Assembly of repeale
be by yr Majesties Command repealed, and y® exception of ye ninth
Act 1664 to be in force.

To His Most Excellent Majesty

May It Please
Yr Majesty

Richard Buffer of Londer merch* having by his petition to the
Right Honrble y® Lords of Yr Majesties most Honrbl® Privy Council
sett forth, that several Deer Skins, with other Goods, were seized in
this yr Majesties Dominion of Virginia, on board y® ship Dolphin of
London, Benjamin Hall Master, by virtue of An Act of Assembly made
in this Colony prohibiting y® exportation of those Commodities; and
y® petitioner alledging that he never heard of any such Act, before y®
seizure of ye said Commodities, and did not wilfully offend; Thereupon
y® Right Honrbl® y® Lords y® Committee for Trade and Forraigne
Plantations, were humbly of opinion, that yr Majesties Pleasure be

Executive Journals, Council of Colonial Virginia

61

signified to Yr Govern1 of Virginia, that if ye forfeiture of ye goods be¬
long to Yr Majesty, and that if it shall appear upon further examina¬
tion of ye matter, that a resonable time was not allowed, for ye notifi¬
cation of ye Law, before ye seizure of ye Deer Skins, that then ye Goods
should be restored, in case they remaine in Specie, and in Yr Majesties
power to dispose of; or otherwise that ye Govern1, of Virginia send a
State of ye Case to Yr Majesties Councel board; In obedience where-
unto Its humbly presented unto your Majesty, that the Act upon wch
ye Deer skins were seized, was made in June 1680, and then promul¬
gated; and ye seizure of Mr Bullers Deer Skins was in December 1682,
and ye Law well knowne unto Mr Bullers Agent here (who shipped
those Deer skins) as he ye said Agent, by name, John Herbert, before
ye Govern1 & Councel acknowledged; and ye manner of packing ye
Deer skins was taken as a strong presumption of his intention to defeat
ye Law, having packed furrs round ye sides, and att both Heads of ye
hhds ye better to passe and colour his designe of exporting prohibited
Goods; Its therefore humbly conceived, ye Goods were legally seized,
condemned according to Law, and disposed of, as by Act in that case
made and provided, and Yr Majesties part of ye Deer skins seized, Ac¬
counted for by Mr Auditor Bacon unto ye Right Honrble ye Lords of
yr Majesties Treasury.

June 23d 1684

A True Coppy

Nicho Spencer secty

By his Excellency

A Proclamation Repealing the five foil Acts of Assembly.

Whereas his most Sacred Majesty in Councell, was pleased to
take under his Royall Consideration ye foil: Acts of Assembly of this
his Dominion of Virginia (Viz*)

An Act made att an Assembly held att Green Spring in ye year
1676-7 Entituled an Act for laying of Parish Leavys-

An Act made in ye yeare 1677, att an Assembly held att Middle
Plantation, Entituled an Act for Signing Executions on Judgments
passed by ye Grand Assembly .-

An Act made att an Assembly held att James Citty in ye year
1683 Entituled an Act prohibiting ye Exportation of any Iron, Wool,
Woolfells, Skins, Hides, or Leather.

An Act made att an Assembly held att James Citty in ye year
1683 Repealeing an Exception in ye ninth Act of Assembly made in
ye year 1664, is by this proclamation Repealed, & ye Exception in ye
ninth Act made in ye year 1664, Declareing ye Inhabitants, of James
Citty County, to be lyable to Arrests in ye Generali Court time, Con¬
tinues and remaines of force. .

An Act made att an Assembly held att James Citty in ye year 168a
Entituled an Act Repealeing ye sixth Act of Assembly of June 1680
about Attorneys, ye sd Act of Repeale, is hereby Repealed, & ye Sixth
Act of Assembly, made att an Assbly in ye yeare 1680 about Attorneys,
is revived and of full force and Strength as when first Enacted.

62

Executive Journals, Council of Colonial Virginia

All wch aforesd five Acts of Assembly, his Majty in his princely
Wisdom, finding not only Inconvenient, but unfit to be longer Con¬
tinued, hath been pleased by his Royall Instruction, to Direct and
Comand me Francis Lord Howard Baron of Effingham his Majtie’s
Leiu* and Govern1 Gen11 of this his Dominion, to Repeale all, & Every
ye aforesd Act & Acts of Assembly pursuant whereunto I Francis Lord
Howard Governr & c. doe by this proclamation in his Majties name,
Repeale, and make void, all ye aforesd Expresst Acts of Assemblies,
and Every part and Clause thereof, is from henceforth Repealed, made
void and declared Null, to all Intents & purposes as if noe such Act or
Acts of Assemblie, or any part thereof had Ever been made or Enacted,
and I doe by this proclamacon in his Majties name, Strictly Charge,
Comand and Require all Judges, Justices of ye peace, Sherriffs, and
other his Majties subjects in this his Majties Dominion of Virginia, to
Observe, keepe, and duely performe, this Proclamacon of Repeale,
w°h to ye intent it may ye better be made known and have its due
Observance, All his Majties Sherriffs in their Respective Counties are
Required to make publication hereof, att ye first publick Convention
att their County Court house, as also all Ministers in their parish
Churches; And whereas by this proclamacon ye sixth Act of Assembly
made in ye yeare 1680, Entituled an Act ascertaining Attorneys Fees,
is by his Majties Especiall Comand Revived, and in the full sence, and
strength of an Act of Assembly. And it being thereby Ordered, Di¬
rected, & Appointed, that noe person whatsoever, shall be admitted
to practice as an Attorney, either in County Court or Gen11 Court, but
such as shall be first Lycenced by his Majties Governr, and forasmuch
as there are many Causes now depending in the Gen11 Court, and County
Courts, under ye Managem* of severall persons, practising as Attor¬
neys, in which to ye Intent none Concerned in Causes depending, or
actions to be brought, may want fitt, and able Attorneys, att Law, to
manage tbeir Causes, I have thought fitt by this proclamacon to make
known, & declare, that dureing my Intended short time of absence
irom my Governnff I have Impowered & Directed Mr Secretary
Spencer, to Issue forth Comissions of Attorneys att Law, to fitt and
able persons, under such Consideracons as I have given unto him.
Given under my hand and the Seale of the Collony June ve 19th 1684
Annoque Regni Regis Caroli Scdi 36°

Effingham

God save the King
By his Excellency.

A proclamacon prohibiting his Majties Subjects from Trading,
Harbouring or Corresponding with Privateers or Pyrates-

Whereas in all his Majtles Dominions in America, the Enterteining
& harbouring of Privateers and Pyrates, hath been found not only dan¬
gerous but hazzardous, to ye peace and welfare of his Majties Subjects,
but also Dishonorable and Contrary, to ye good Correspondency, and
amity, wch ought to be held by his Majties Subjects with his Allies,
And to ye Intent noe Privateers or Pyrates, may be harboured, Con-

Executive Journals, Council of Colonial Virginia

63

cealed, Traded or Corresponded with by any of his Majties Subjects of
this Dominion; I Francis Lord Howard Baron of Effingham, his
Majtiee Leiu4 and Governr Gen11 of Virginia in his Majties name, by and
with the Consent of ye Councell have thought fitt by this proclamacon,
to Comand and Require, all his Majties Subjects of this Dominion, not
to Entertaine, harbour, Conceale, Trade, or hold any Correspondency,
in any kind, with any Privateers or Pyrates, upon any pretence what¬
soever, and for ye better prevention thereof, all Comission Officers in
their severall precincts, within this his Majties Collony, are hereby Re¬
quired and Impowered, upon his or their knowledge, or notice given, y4
any privateers or Pyrates, or other persons, suspected to be upon any
unlawfull Designe, within ye precincts of any the Respective Comis¬
sion Officers of this Collony, forthwith to Signifie ye same unto me, or
to One of his Majties Councell, to ye Intent Comands may be given, as
ye Occasion shall Require, and y4 noe Advantage may be taken by any
Privateers or pyrates in poynt of Time, between ye Dispatch of In¬
telligence unto me, or some one of ye Councell, as is before directed,
All Comission Officers, are hereby Required, and Comanded, in their
Respective precincts, to raise such a Number of Men well Armed, as
they shall find needfull for ye defence of their parts, from Attempts of
any Privateers or Pyrates, untill he, or they can receive fitt Orders
from Me and the Councell therein. Further I have found fitt, to pub¬
lish, sett forth, and Declare, in his Majties name, y4 if any person or
persons, in this his Majties Dominions, shall harbour, Enterteine,
Trade, or Correspond with any Privateers, or Pyrates, after ye publi¬
cation of this Proclamacon, Contrary to ye true Intent thereof, they
shall be prosecuted as Notorious Offenders, and shall be lyable unto
such paines, punishments, and poenalties, as by Law shall be Judged
ag4 them. Given under my hand, and the Seale of the Collony this
19th day of June Anno Domi 1684, Annoque Regni Regis Caroli Scdi 36°

Effingham

God save the King
By his Excellency

Whereas frequent Complaints are made both here, & in England,
by Divers Merchts, and Masters of ships, of ye immoderate, and Ex¬
cessive size of Tobacco hogsheads, to ye greate discouragem4 of Trade,
as also of ye intollerable weight of Caske, by ye over proportioned
thickness, both of staves and heading of Tobacco hhds, wch Carries
with it, a plaine designe of fraud, and is so felt by ye purchaser of ye
Tobacco; which for the future to prevent I have thought fitt, by and
with the advice of the Councell, by this proclamacon, in his Majties
name, Strictly to Charge, Require, and Comand, all Grand-jury men
of Every Respective County of this Dominion, to make Inquiry, into
ye work of all Coopers and Makers of Tobacco hhds and to take strict
notice of ye size of ye Same, whether they be agreeable to ye Gage,
appointed by Act of Assembly, being forty three Inches in length &
twenty Six Inches Wide in ye head, with a Boccage [capacity r] pro¬
portionable to ye Direction of ye Act, they are to present the Same
to ve Intent, ye offenders may be proceeded ag4 according to Law, in

64

Executive Journals, Council of Colonial Virginia

wch all his Majties Justices of peace in their respective Courts, are re¬
quired to be very strict, as also to receive, and Encourage all Infor-
macons, woh shall by any of his Majties good Subjects be brought agl
Offendrs of this Act of Assbly, made & provided on this behalfe, and
accordingly to give Damages, as also to proceed ag* all such persons,
who shall make, or Cause to be made, the Staves & heading of Tobacco
hhds of an imoderate thickness, as designers of Frauds, Discouragers of
Trade, and Destroyers of ye Reputation of ye Country. Given under
my hand, & ye seale of ye Collony this 17th of June Anno Domi 1684,
Annoq Regni Regis Caroli Scdi 36 0

Effingham

God save the King

By his Excellency.

A Proclamation

Whereas his most Sacred Majesty, by his Royall Letters Pattents,
under the Broad Seale of England, beareing date at Westminster Sep¬
tember ye 28th in ye 35th yeare of his Reigne, was graciously pleased to
make, Comissionate, and Constitute Me Francis Lord Howard Baron
of Effingham to be his Majties Leiu‘ and Govern1, Gen11 of this his Do¬
minion of yirga and in ye sd Letters pattents to Conteine a Comission
of Instructions, for ye better, and more Secure Manageing & Ordering
ye usuall & Ordinary Affaires of this his Governm* and to direct ye
due Execution, of y e powers, & Authorities therein Given, and amongst
other Matters therein Conteined, his Majty is pleased to declare his
will, and pleasure to be, y* in Case of my Death or Absence from this
his Majties Governing and there be noe other person appointed by his
Majty to be Comandr in Chiefe, that then ye present Councell of Vir¬
ginia, doe take upon them, the Administracon of ye Governnff, and
Execute ye aforemenconed Comission of Instructions, and all the
Powers, & Authorities therein Conteined, as also, y* Such CouncelF
who by his Majties Instructions to Me given, is first Nominated, &
Residing in ye Governm4 to Preside in the Councell, with such powers
& preheminencies, as any President hath used, and Enjoyed within
this his Majtie8 Collony of Virga:_ And whereas by ye Especiall Grace,
favor and good leave of his Majty in Councell, I am Suddenly Intended,
for some short time to pass to New-Yorke, ye present Quietness of
Affaires, together with ye good provision made, for ye defence of ye
Frontiers permitting my Absence, and have thereby a hopeful prospect
of Setling a firme, and lasting peace, with ye Seneca Indians, which, if
accomplished, will be greatly, for his Majties Service, and this Coun¬
tries Welfare, and, whereas there is noe person in this Governm4 Either
in Case of my death, or Absence, Commissionated by his Majty,
Comandr in Chiefe, therefore to ye Intent, it may be Generally known,
in whom the Governm* Resides in my absence, I have thought fitt
by this proclamacon, to publish Sett forth, and Declare, and by this
proclamacon in his Majties name, doe sett forth, and Declare, that
dureing my absence from the Governm*, ye administracon of ye
Governnff and the Execution of ye several Powers, and Authori-

Executive Journals, Council of Colonial Virginia

65

ties of his Majties aforemenconed Comission of Instructions, is in his
Majties Present Councell of Virginia; Whom his Majty by his Royall
Instructions to me given, and Granted, under his privy Seale, hath
been pleased to Nominate and Appoint to be Coll: Nathaniel Bacon,
Nicholas Spencer Esqr Secretary, Majr Gen11 Robert Smith, Coll
Joseph Bridger, Coll Wm Cole, Coll Phillip Ludwell, Coll Richard Lee,
Ralph Wormeley Esqr, Coll John Page, Coll Wm Byrd, Coll Christo¬
pher Wormeley, and Coll John Lear, pursuant Whereunto, I Francis
Lord Howard Baron of Effingham, his Majties Leiu* and Govern1 Gen11
of Virgr, doe in his Majties name, by this Proclamation, strictly Charge,
Require and Comand, all his Majties Officers, both Civill, and Mili¬
tary, as also all his Majties Subjects, in what Station, and Qualification
soever of this Collony, to yeild all due honr and perfect Obedience unto
his Majties aforenamed CouncelP8 of State, of this his Dominion, in
the Administracon of the Powers, and Authorities, of this his Majties
Governm1 dureing My Absence, or until his Majties pleasure shall be
known therein, as they will answer the Contrary att their uttmost
perills; Given under my hand and the Seale of the Collony this 19th-
day of June, Anno Domi 1684 Annoq Regni Regis Caroli Scdi 36°

Effingham

God Save the King
A True Coppy

Nicho: Spencer secrty

Att a Councel held att James Citty
October 17th 1684

Present

His Excellency Francis Lord Howard Govern1 & c
Mr Secretary Spencer Ralph Wormeley Esq

Mr Auditor Bacon Coll John Page

Col! Joseph Bridger Coll Wm Byrd

Coll William Cole Coll John Lear

Coll Christopher Wormeley

Whereas frequent occasions doe offer, requiring the Commanders
att the heads of the rivers to send Expresses unto his Excellency and
the Honrble Council of State, whereby to give an account of occurrences,
that within their several stations, doe of moment occur, & forasmuch
as the several Commanders have complaind, that they have noe other
meanes or wayes of sending an account of what of moment passes, but
by dispatching some of their own Troopers, as messengers, bearers of
such expresses, wch is found inconvenient by disabling often either ye
Trooper or horse soe sent, which to provide against, and to the intent,
all intelligences may without let or stay be sent unto his Excellency, or
any of ye Councel, as occasion shall require, It’s by this board thought
fit and accordingly ordered, that ye respective fouer Commanders of
ye fouer Troops, att the heads of ye several fouer great rivers, have
power upon any emergency to presse or cause to be impressed man and
horse, as occasion shall require, for ye readier and more speedy rend-

66

Executive Journals, Council of Colonial Virginia

ering unto his Excellency or any of the Councell such Intelligencences,
as the nature of the affair shall require, which accordingly is hereby
ordered, to the intent, by a speedy and timely account of affaires suit¬
able remedies may be applied.

His Excellency and Councel having seriously considered the un¬
seasonableness of this last year, and what scarcity of Corne is like to
be, have thought fitt, and doe hereby order, that Proclamations issue
forth, prohibiting the expectation [exportation] of all Indian Corne
and meale, after ye tenth day of November next, until ye first day of
October 1685, unlesse by future observations, It shall be found fitt to
take off that restraint.

James Citty October 25th 1684
Present

His Excellency Francis Lord Howard Governr & c
Mr Auditor Bacon Ralph Wormeley Esqr

Mr Secretary Spencer Coll John Page

Coll Joseph Bridger Coll Wm Byrd

Coll Wm Cole Coll John Lear

Coll Christopher Wormeley

Whereas by Act of Assembly an Imposition of three pence per
Gallon is laid upon all Rum, Brandy and Wine imported into this Do¬
minion not having paid Custome in England; and ye said Act re-
ffering ye manner and wayes of Collecting ye Duty, which shall
arise from those Commodities unto ye Govern1 for the time being, to¬
gether with ye Councel, wch this board taking under serious consid¬
eration, they are of opinion, that it will be very difficult, if not impos¬
sible, for ye Merchts and masters this present year to answer ye Im¬
position of three pence per gallon in ready money; and to ye intent,
Trade may not be discouraged, nor his Majesties revenue, for want of
trade, lessened or shortned of what it may produce, if it be put into ye
easiest and most possible way of performing; This board have there¬
fore thought fitt to order, impower and appoint the Collectors in their
respective Districts to receive the three pence per Gallon laid on rum,
in yc same Commodity Rum, att ye rate of two shillings and one penny
per gallon, for all rum imported, if ye Importer cannot satisfye ye same
in ready money or bills of Exchange to ye Collectors good likeing; as
alsoe all Brandies att three shillings and three pence per gallon, att
which prices Mr Auditor Bacon engages to this board to take and re¬
ceive to his use all ye Rum and Brandy, that shall by any or all ye
Collectors be received for ye aforesaid Custome of three pence per gal¬
lon;. and whereas the like duty is laid upon all wines imported, not
having paid Custome in England and is mostly imported in great Caske,
and a sort of liquor, not of general sale, and a perishing Commodity,
which if it should be accepted as rum and brandy, for ye satisfying ye
Custome thereon, it might be a diminution to his Majesties Customes;
Its therefore ordered, that ye Customes laid on wines be paid in ready
money or good bills of Exchange, to ye Collectors likeing.

His Excellency having under consideration the present unsetled

Executive Journals, Council of Colonial Virginia

67

condition of the militia, and being desirous, It may be put into ye
best and most suitable way and meanes for his Majesties service, and
y e Countries safety, with which having moved this board, It’s there¬
upon ordered, that Letters be writt unto the militia officers of every
respective County forthwith to render to his Excellency ye condition
of their militia, what number they consist of, both horse and foot, as
likewise how furnished with armes, and the names of all the militia
officers in each respective County; and whereas a General Muster of
all ye militia forces, in this his Majesties Dominion, hath been appoint¬
ed to be on ye sixth day of October annualy, wch being now under con¬
sideration, and the inconveniences which may from thence arise; It’s
therefore the humble desire of this board, that his Excellency will please
to order ye militia officers of each respective County soe to agree on
ye dayes of Muster, that noe two Conjoining Counties doe muster on
one and ye same day, and that this method be futurely observed.

Att a Councel att Pocopotanke
November 20th 1684
Present

His Excellency Francis Lord Howard Governr & c
Mr Auditor Bacon Ralph Wormeley Esq

Coll Phillip Lu dwell Coll John Page

Coll Wm Cole Coll Christopher Wormeley

Whereas on the last day of October 1684, Coll George Talbot late
of Maryland Barbarously and inhumanely stabbed Mr Christopher
Rousby ye Cheife Collector of his majesty in ye aforesaid Province, on
board his Majesties Ketch ye Quaker, Capt. Thomas Allen Com¬
mander, of which wound ye said Rousby immediately died; and this
day ye said Col Talbot being brought before this board by Cap* Allen
to know how he should be disposed of, ye said Talbot was thoroughly
examined, and by his own petition confessed the fact, which was con¬
firmed by evidences taken viva voce but therein desired to be remitted
to Maryland for a tryal, having, as he pretended, committed y e offence
within ye body of Calvert County, where ye Inquest was taken, and
a Tury ought to be summoned for tryal of ye matter of fact, and ye
same being insisted on by ye Councel of Maryland, as a Priviledge
within y e Charter of ye Lord Baltemore, Proprietary of the said Prov¬
ince; and ye said Talbot urging ye third Act of Parliament made in the
fifteenth year of Richard ye second, declaring in what places, y® Ad¬
mirals Jurisdiction doth lye, and averring that y- fact was committed
two miles above ye mouth of Potuxon river, which was wit in y Juris¬
diction of ye Lord Baltemore, and not of his Excellency as vice-Ad-
miral to his Royal Highness ye Duke of York, being within y° points
of y e aforesd river, and likewise insisting an ye last clause of y ninth
act of Parliament made in y e thirteenth year of King Charles y second,
woh sayes, that the Admirals Jurisdiction doth not lye to trye any
man, for any offence whatever, but such persons as are in actual serv¬
ice and pay in his majesties fleet ahd ships of war, in which he was not,

o.veovtr <?

ig y* 1 cm d Cool: o - Ac u . sdktmn of y# Court of
Vd n . rv to; lo>- IdT- 141. b\ •' ’ it appetre$\ such

kv v.. _ _ j . . i . j . ' v < ‘ » r > * > i

c v . . s> c • c. 0 .\\u: . :> v o ^

* 's brought ito 1 1 s Go\ e i n a k) \ - - . . .-, -■ .

d • ■' . e \ co tsadered an< . . x tf y* - - . . ... ot

^fikcMtwe utdj his na * - a . - r and ega . - . .

• - ■ }t.? u\i a td y* Rights the Ba i no e mi 51

s b > c ' 0 cue t o. or. : ttts Boar o. ... . .

• - - ■ d ' s > - ' ■ - ( a impositions . .0 »g to a 0 e

a true copj o j - . . » - • v-

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therein. vi* whether v* said Loll George sba or

^ r.s try a l there o ig to v* .' . or

- ■ • '' $ :t • a.vot.v.rc to \ l rituitv, a;t

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toorvoo

Executive Journals, Council of Colonial Virginia

69

Att a Councel att James Citty
Aprill 21th 1685

Present

His Excellency Francis Lord Howard Govern1, & c

Mr Auditor Bacon
Mr Secretary Spencer
Coll Joseph Bridger
Coll Phillip Ludwell
Coll Wm Cole

Coll Richard Lee
Coll John Page
Coll Coll Wm Byrd
Coll John Lear
Coll Xpher Wormeley

Ralph Wormeley Esqr

Whereas his most Excellent Majesty hath been graciously pleased
by his Royal letter, bearing date att Hampton Court, 25th of July 1684,
to signifye, y‘ out of his Royal care, for ye good and welfare of this
his Colony and Dominion of Virginia, he hath been pleased to take in,
from ye Right Honrble Thomas Lord Culpeper, a release of the Demise
of the Rents, Quitrents, Fines, Escheates and Forfeitures of the South¬
ern part of Virginia; and that his Majesty out of his great goodnesse
and royal bounty was pleased to appropriate ye use and benefit thereof,
unto this his Majesties Government, to such use and purposes, as his
Majesty should from time to time think htt, for wch Grace and favour
his Majesties subjects doe want words to expresse their gratefull sence;
and as his Majesty hath been pleased thereby to signifye his tender
care of his people; This Board are thereby encouraged humbly to begg
leave, to represent unto his Majesty, that it would greatly conduce to
ye welfare of this his Majesties Colony and Dominion of Virginia, if
his Majesty would be graciously pleased, in some way to compensate
the Lord Culpeper, as his1 Majesty shall think fitt, for the northern
Neck, a considerable part of this his Majesties Government of Virginia,
and appropriate the benefit accruing from thence to ye support of this
his majesties Governm4 which will greatly alleviate the charge of this
Government & infinitely Joy ye Inhabitants thereof, whose humble
desires and hearty prayers are, that they may hold their lands immed¬
iately from his most sacred Majesty; and as Yr Majesties subjects ye
Inhabitants of ye Northern neck of Virginia are truely sensible of their
unhappjrtesse in being in any sort separated or distinguished in the
tenure of their lands, from ye rest of Yr Majesties subjects, in this
Colony, soe are they likewise greatly discouraged from the seating and
planting of that p&rt of yr Majesties Government of Virginia, for want
of ye like assurances of their lands, as y e rest of yr Majesties subjects in
this Colony have; noe grants or p'attents having issued for lands there
surveyed and seated, for ye last past twelve yeares, whereby that as
would be, as flourishing a part, as is in the Government, is but thinly
peopled, and thereby exposed, more openly to the attempts and incur¬
sions of ye Indians; and though the lands there are not immediately
held of yr Majesty, nor any profits or advantages accruing from the
Quitrents, Escheates & Forfeitures, thereof, are coming to Yr Majesty,
vet this Yr Majesties Government is equally charged for the preserva¬
tion and security of that part of the Country, as if the lands there were

70

Executive Journals, Council of Colonial Virginia

immediately held from yr majesty, which is humbly presented to yr
majesties Gracious consideration; and this board doe humbly offer to
yr majesties royal consideration, that the standing revenue of two shill¬
ings per hhd and port duties, doth often fall very short of answering
the fix’d and appointed payments, it is annually charged with; and
that there is not any fund to be found, to answer any accidents or con¬
tingencies, in the government, if occasions be never soe pressing, in
which if his majesty shall be graciously pleased to grant leave unto his
Excellency or to ye Governr for ye time being, with ye advice of ye
Councel, to issue warrants, for ye payment of money out of ye Quit-
rents, if in bank, it may upon occasion greatly conduce to ye safety
and security of ye Government.

Att a Councel att James Citty
May 7th 1685
Present

His Excellency Francis Lord Howard of Effingham Governr
Mr Auditor Bacon Coll Richd Lee

Mr Secretary Spencer Coll John Page

Coll Joseph Bridger Coll Wm Byrd

Coll Phill Ludwell Coll Jon Lear

Coll Wm Cole Coll Xpher Wormeley.

&

Whereas this afternoon his Excellency was pleased to cause to be
read a letter from ye most Honrble y® Lords of his Majesties Privy
Councel bearing date att Whitehall february ye sixth 1684, signifying,
that it hath pleased Almighty God that day to take to his mercy, out
of this troublesome life, our late soveraigne Lord King Charles the
second, of most blessed memory; and that thereupon his late Majes¬
ties only brother and heir King James the second was in England Pro¬
claimed King; This Board therefore according to their Loyal and hum-
ble. duty doe order, that his Majesty King James the second be pro-
iP J?mes Citty> according to y® Proclamation received from
Whitehall, with all the solomnity and Ceremony, our Condition is capa-
bje of performing; and that his Maju®8 most Gracious Proclamation
signifying his Majesties pleasure, that all men being in office or Gov-
ernnrd at y® decease of ye late King, his Majesties most Dear, and most
entirely beloved brother, shall soe continue, as during his late Majes¬
ties life, until his Majesties pleasure be further known, be likewise pro¬
claimed and published, att James Citty, on y® Eight Instant; And It
is Also ordered, that Mr Secretary Spencer take care, that y® afore¬
mentioned Proclamation be fairely transcribed, and coppies thereof
sent_ into every respective County, with orders to y® Sherriffe and
Justices of ye Peace thereof, that according to ye tenor of that Proc¬
lamation King James y® second be Proclaimed, with all y® solemnity
& Ceremony, they are capable of.

Consideration was this day had of y® articles of Peace concluded
on att Albany, on the thirtieth day of July last between his Excellency
krancis Lord Howard Govern' on y® behalfe of this Colony, and y®

Executive Journals, Council of Colonial Virginia

71

Maquas [Mohawk] Coqouges Onnondages and ye Seneca Indians; and
forasmuch, as in one of ye Articles It is concluded, that some of our
neighbouring Indians should this summer att ye aforesaid place give
a meeting to ye aforesaid Indians; as an entire confirmation of ye
aforesaid Articles of Peace wch this board conclude to be absolutely
necessary, as likewise, that some able and fit persons be appointed to
goe with ye aforesaid Indians, and represent ye Government, ye safety
and honour of ye Country depending on ye parts of those, that shall
act in such a Sphere; This Board, doe therefore propose the Honrble
Ralph Wormeley Esq, Coll Richard Lee, Coll Wm Byrd John Lear
and Coll Christopher Wormeley, out of wch number, his Excellency is
most humbly requested to make choice of such two or one, as he shall
think fit, to proceed on a voyage to New Yorke by water, with an In¬
terpreter, two Indians from Appamattocks, two Indians from Nan-
zatico, two from Chickahominy, and two from Pomunkey, by the
tenth day of July next, to confirme ye aforesaid Articles; and in re-,
garde ye charge is uncertaine, It is impossible by this board to be setled
ye same is therefore humbly refferred to his Excy and such Gentlemen,
as he shall appoint to goe, to order ye furnishing out such sloop or
vessel as shall be appointed, with all other necessary contingent
charges, but are of opinion, that it will be for ye Countries Interest,
that Presents be made from this Government, and our Indians, to
such Indians, as they goe to treat with, being a Custome amongst all
nations of Indians, as ye tye and pledge for the performance or [of] Ar¬
ticles of Peace

Att a Councel att James Citty
June 12th 1685

Present

His Excellency Francis Lord Howard Governr & c

Coll Wm Cole
Coll John Page
Coll Wm Byrd
Coll John Lear

Mr Auditor Bacon
Mr Secretary Spencer
Coll Joseph Bridger
Col Phill Ludwell

Whereas in all parts of his Majesties Dominions, a seale is par¬
ticularly appointed and appropriated to ye use of his majesties Secre¬
taries office, (except in this his majesties Colony and Dominion of V lr-
ginia) whereby to give ye greater dignity and assurance to matters
passing ye office of Secretary, and forasmuch as in past times, a dis¬
tinct seale was appointed to be used by ye Secretary of this y Majes¬
ties Colony, but in ye times of confusion destroyed; and as wee humbly
conceive, for want of a due supplication not renewed; for want whereof
many matters issuing from the Secretaries office, want of that weight
and regard, as is fit for, and due to ye dignity of that office; It is there¬
fore proposed by this board, that his Majesty be humbly supplicated,
to command and direct, y‘ a seale be appointed to be kept and used,
by his Secretary, in this his Colony; and whereas in all parts his Maj¬
esties Collectors have their several and distinct seales of office; and

72

Executive Journals, Council of Colonial Virginia

there being none yet appointed in this Colony; It’s therefore most
humbly proposed, y‘ his Majesty will be pleased to Command and
direct, that such seales be ordered to his Majesties respective Collectors,
as. his Majesty shall think fit, his Majesty having six several distinct
Districts of Customes in this his Colony viz Potomack river, Rappa-
hanack river, York river, ye upper and lower Districts of James river,
and ye District of ye Easterne Shore.

Consultation being had this day about carrying on of his Majesties
affaires, in this his Colony and Dominion of Virginia; and It being
found fit, that some weighty matters be advised on by an Assembly;
It is y® opinion of this board, that ye first day of October next, will be
a fitt time, for ye convention of an Assembly, att James Citty, It is
therefore ordered, that Mr Secretary Spencer cause writts to be pre¬
pared and issued forth, for ye Convention of an Assembly, att the
aforesaid time and place.

Whereas by ye Articles of Peace concluded on att Albany between
his Excy Francis Lord Howard of Effingham Govern1- on ye behalfe
of this Colony, and ye maquase, Seneca and other Forraigne Indians,
It was concluded on, that an agent with some of out neighbouring
Indians should some time this summer goe to Albany to ratifye the
aforesaid Articles, and it being under consideration, what person is fit
to negotiate in soe great an affair; It is resolved, That Coll Wm Byrd,
one of his Majesties Councel of this Colony, be employed as Agent for
this Country, in this negotiation; and It is likewise resolved, that Mr
Edmund Jenings, who by reason of his formerly being att New York
and Albany, and well acquainted with the Peace his Excellency made
with those northern Indians, and ye nammer of treating with them be
ordered to attend Coll: Wm Byrd, as an assistant in this agency; This
being resolved on, and y® charge being had under consideration by
this boaid; It was proposed to Mr Auditor Bacon to know what fund
of money was in his hands to support y® charge of such an agency as
y sending an agent, Vessel and eight Indians of our neighbouring
I owns will necessarily require to wch Mr Auditor Bacon replied, that
he had noe money in his hands, upon y® account of y® two shillings per
hhd and port duties, not soe much as to satisfye y« Councellors money
and other contingent charges, nor could give any Credit, unlesse his
Excellency would be pleased to issue a warrant upon what has arisen

!mSiycalUp,°n yT6 a.ccount of ye Quitrents, which if his Excellency shall
ink htt then It is ordered, that y« measures taken for y® agency to
New York, be forthwth proceeded on.

f „ .Whereas Coll George Talbot was committed to his Majties Goal
ot Glocester County for reasons, as by y® order of Commitment doth
appear, and haying from thence, by y® Corruption of his Guards made
his Escape, and fled into Maryland; and this board having some time
since by credible persons been informed, that y® said Coll George Tal¬
bot was by y® Governnff of Maryland, & most of y® Inhabitants thereof
openly known to be there, and there to have continued some weeks to
y knowledge of y® Governm* of Maryland, before certaine intelligence
thereof arrived att this his Majesties Government of Virginia; in
w ich his Excellency did then forthwith by an Expresse signifye unto

Executive Journals, Council of Colonial Virginia

73

ye Governm1 of Maryland, ye certaine Intelligence that he and ye
Councel had received, that ye GovernnV of Maryland for some time
had ye knowledge of Coll Talbot being in that Governm* and did earn¬
estly request and desire, for his Majesties service, ye care of y* Gov-
ernirb for ye apprehending and retaking ye said Coll Talbot; and for¬
asmuch as noe satisfactory answer was thereunto given, and ye Gov-
ernm* of Maryland in some distance of time having signified unto his
Excellency, that Coll Talbot had surrendered himselfe unto that Gov-
ernm4 and that they intended Speedily to proceed to tryal of him;
though y e witnesses, who were to give in their evidences on ye behalfe of
his majesty against ye said Coll George Talbot were in this Governm1,
and his Excellency and ye Councel having represented unto his Maj¬
esty ye full State of the horrid murther committed by ye said Coll
George Talbot, his Excellency by his letter did signifye ye same to
ye Government of Maryland, and on his Majesties behalfe did demand
Coll George Talbot as his prisoner, having made his escape from Glo-
cester Goal, in this Governm* to wch having received by letter, from
ve GovernnV of Maryland, not only a positive denial, of ye delivery of
ye said Coll Talbot, but as this Board conceives, a returne in most
unfit expressions, and contrary to ye fair correspondency, wch has al-
waies been desired and endeavoured by this his Majtie® Governm1 of
Virginia, with that of ye Propriety of Maryland, and this board duely
considering, how fit it is, y‘ due right be done to this his Majesties Gov-
ernm‘ by ye delivery up of Coll George Talbot; and to yl intent that
noe fit meanes be unassaied therein, have thought fit and doe accord¬
ingly resolve, that Coll Richd Lee, one of his Majesties Councel of this
Colony, be appointed to goe unto ye Governm1 of Maryland, and of
them, in his Majesties name, to demand ye delivery over of ye person
of ye said Coll Geo: Talbot unto Coll Thomas Pate his Majesties late
Sherriffe of Glocester County from whom ye said Coll George Talbot
made his escape; It is likewise ordered, that Coll Tho: Pate doe attend
ye said Coll Richard Lee to Maryland in order to ye receiving his late
prisoner Coll George Talbot; and the Sherriffe of Westmorland is re¬
quired to take care, that a good boat with men suitable and other ne¬
cessaries be provided to attend ye said Coll Lee in his passing and re¬
passing to and from ye Government of Maryland.

A True Copy

Nicho: Spencer Secrty

By His Excellency

A Proclamation for a Thanksgiving on the second Sunday in November
for his Majesties great Deliverances out of Danger and Victory

over his Enemies.

Whereas an unlimited Ambition, furious Zeal, Crimes or Want
have soe far prevailed with a disaffected Party, for some yeares past,
that they have used their utmost Endeavours and Treasonable Courses
and Practices, to withdraw others as wel, as themselves, from their
bounden Loyalty and Allegiance, to their Lawfull King, and thereby
not only calumniated his Majesties most just and easy Government,

74

Executive Journals, Council of Colonial Virginia

but apparently by their mischeivous acts soe far spread their wicked
designes, as to propose fatal methods, both for ye taking away ye life of
our late (Glorious). King, and our present most Gracious Soveraigne
King James the Second, which inevitably would have involved all his
Majties Loyal subjects in utter ruine, and subverted ye fundamental
Lawes of England, had it not pleased ye Almighty God, soe far with a
favourable Eye to look upon us, as when things were ripe for Action, by
some of ye Conspirators themselves, to discover ye Rise, Growth and
Progresse of such Hellish Consultations, whereby such measures have
been taken, that some of the Principal offenders have been apprehended,
arraigned & meritoriously executed, without ye losse of other blood,
than their own ; but y e malice of y e remaining part being soe implacable
to y® Royal family that this neither put a stop to their further pro¬
ceedings, nor struck terror in those, whom for want of a detection,
Justice had not overtaken; for ye Accomplishment therefore of such
Hellish machinations, James late Duke of Monmouth (who was tyed
by ye strongest bands of Gratitude to prove a faithful subject to his
Sovereigne) landed with forces and Armes att Lime from Holland,
Claimed a pretended title to ye Crown, and being followed, but by ye
Rabble only, was soe far emboldened, that he presumed to give Bat-
taile, to his Majtles forces, but by ye mercy of Almighty God, ye Rebels
were quickly defeated, and routed, their head James Duke of Mon¬
mouth taken, who being before attainted by Parliament, was Exe¬
cuted; The Commotions and Disturbances of Scotland, occasioned by
ye Earle of Argiles taking up Armes against his sacred Majesty
are likewise appeased, his forces altogether overthrown and routed, y*
said late Earle, with some of his Principal Adherents taken and justly
Executed; and now y® Conspirators Both in England and Scotland
being so vanquished, his majesties Dominions are soe happy, as to en¬
joy a thorough and setled Peace, that wee may therefore give a Publick
and Lasting testimony of our sincere and unfeigned thankfulnesse to
Almighty God for dispersing that dark Cloud, wch soe long hung over
our heads, in destroying such Hellish Conspirators, and in ye miracu¬
lous preservation & deliverance both of his late Majesty and our Gra¬
cious Soveraigne King James y® Second from all danger, and in giving
him ye Victory over his Enemies, and humbling them att his feet, wch
God continualy grant, I have by this Proclamation, and doe hereby in
his Majt,es name, by and with ye advice and consent of ye Councelof
State, order and appoint, that ye Second Sunday in November next
be publickly solemnized with Thanksgiving and Prayer in all Churches
and Chapels throughout this Governm4 and that notice be accordingly
given in all Churches; herein you may not faile, as you will answer ve
Contrary att yr utmost peril; Given under my hand and ye seale of ye
Colony this twelveth day of October, in ye year of our Lord God, one
thousand, six hundred, eighty and five, and in ye first year of his Majties
reigne.

To ye Sherri ffe of _

or his Deputy

God save ye King

Effingham

Executive Journals, Council of Colonial Virginia

75

By His Excellency
A Proclamation

Whereas by observation It appeares that ye Rise and Growth of Se¬
dition and Faction proceedes and encreases by the over lycentious-
nesse of People in their discourses, by relating their own vain imagina¬
tions and conceites, wch being once on foot, though altogether sug¬
gested by particular biass’d persons, is esteemed as News, and as such
infused into ye Giddy headed multitude, wch afterwards becomes ye
Rule and Square of their actions and seldome or never Centers, but
in the disturbance of his Majesties Peace and Governrffi for prevention
therefore of all inconviences and abuses, wch may happen through y8
divulging of false, seditious and factious discourse and rumours, I have
thought fitt and doe by this Proclamation, in his Majesties name, by
and with ye advice and consent of ye Councel of State, strictly charge,
require and Command all officers both Civil and Military, and all other
persons whatever, from ye day of ye date hereof, upon ye hearing of
any discourse or rumour, woh tends to sedition or faction forthwith to
acquaint one of his Majties Justices of y® Peace of such County, where
ye same shall be related, with ye substance of ye discourse, and ye
author thereof, (upon penalty of being proceded against, as equaly
guilty) whom ye said Justice is forthwith to cause to appear before him,
and upon examination, if good ground be not given for such his dis¬
course, him to Commit to ye Common Goal of ye County, with order
for his detainer therein, until he give bond with good security, for his
personal appearance on y® fourth day of y® succeeding General Court,
before y® Govern1- and Councel, and for his standing to and abiding
what judgement shall then be awarded ag‘ him, att wch time such fur¬
ther proceedings shall passe, as are consonant to Law, and to this Proc¬
lamation, I Command and Require all persons whatever to yeild all
due Honour and Obedience, as they will answer y® Contrary att their
utmost perils. Given under my hand and y® seale of ye Colony this
twelveth day of October, in y® year of our Lord God, one thousand,
six hundred, eighty and five, and in y ® first year of his Majesties Reigne.
To y® Sherriffe of .

or his Deputy God save y® King

Effingham

By His Excellency
A Proclamation Repealing

An Act Entituled, An Act Limituing times of receipt and pay¬
ment of Publick Tobaccos made att a Grand Assembly held att
Green Spring in y® year 1676-7

An Act Impowering Counties and Parishes to make Bye-Lawes
made att a Grand Assembly held att James Citty in y® year 1662.

An Additional and Declaratory Law, Impowering County
Courts to make Bye-Lawes made at a Grand Assembly held att
James Citty in y® year 1679

76

Executive Journals, Council of Colonial Virginia

Whereas his most sacred Majesty hath been graciously pleased to
take under his Royal consideration several Lawes passed and made by
Grand Assemblies in this his Colony and Dominion of Virginia, & his
Majesty in his Princely wisdome finding some of them to be derogatory
to his right of soveraignty and disagreable to ye powers residing in ye
Governm* and alsoe not only inconvienient, but prejudicial to ye Good
of his Majesties Subjects ye Inhabitants of this Colony hath been
pleased by his Royal authority to Command & Direst me francis Lord
Howard of Effingham, his Majesties Leiuetenant and Govern1, General
of Virginia by Proclamation to Repeal an act passed and made att a
Grand assembly held att Green Spring in ye year 1676-7 Entituled an
Act Limiting times of Receipt and PaynV of Publick Tobaccos.

An Act made and passed att a Grand Assembly held at James Citty
in the year 1662, entituled an Act Impowering Counties and Parishes
to make Bye-Lawes.

An Act made and passed att a Grand Assembly held att James Citty
in the year 1679, Entituled, An Additional and Declaratory Law, Im-
powring County Courts to make Bye-Lawes.

All woh aforenamed Acts, and alsoe all and every part and parts,
clause and clauses of y0 same, and [are] distinctly and in ye whole by
virtue of his Majesties Royal authority to me given and granted, and
in obedience to his Royal Commands, by this Proclamation, in his
Majties name, fully, absolutely and entirely made void, null and of
none effect, to all intents and purposes whatsoever, as if none, nor any
of ye aforementioned Act and Acts, nor any part therein contained had
ever been made, done or Enacted as Lawes of this Colony, and by this
Proclamation, in his Majtl63 name, are declared to be entirely Void and
of none effect, and all Councellors, Judges, Sherriffs, Justices of ye
Peace, and all other his Majties Leige People, in this his Majesties Do¬
minion, in his Majtl0S name, are required and Commanded to pay all
due Honour and Obedience to this Proclamation of Repeal sett forth,
published, done & declared by his Majtie8 most especial Commands
and soveraigne Right. Given under my hand and ye seale of ye Colony
22d Feb: 1685-6

To ye Sherriffe of.. _ _ _

or his Deputy God save the King

Effingham

Att a Councel Att James Citty
April 26th 1686
Present

His Excellency The Lord Howard of Effingham Govern1
Mr Auditor Bacon Col John Custis

Mr Secretary Spencer Col Richd Lee

Col Phillip Ludwell Col John Page

Col William Cole Col William Byrd

Col Christopher Wormeley.

His Excellency was pleased this day to read in Councel a Letter
signed by ye Right HonbIe ye Lord High Treasurer of England, bearing

Executive Journals, Council of Colonial Virginia

77

date ye twenty first day of December last, signifying, that his Majty
was graciously pleased to«appoint, that ye summe of five hundred and
thirty pounds, fifteen shillings and seven pence sterl, arising from ye
Quitrents of this Colony, be Applied to ye discharge of a debt remain¬
ing on his Majesties Revenue of this Country, and for ye better support
of ye Governm4 for wch Gracious favour and Royal Bounty, his Majties
Councel of this Colony doe with all humility most humbly return their
hearty & sincere acknowledgements unto his Majty.

His Lordship in another part of his Letter is pleased to signifye, that
his Majties pleasure is, that ye profits arising from Tribute Beaver and
wine Lycences in this Governm4 be futurely accounted for, in which
his Maj4i®8 Councel doe humbly beg leave to represent unto his Majty
that ye Tribute Beaver hath alwaies been received by all former Gov¬
ern1'8 as a Perquisite appended to ye place and office of Govern1, of this
his Majties Colony and Dominion, and that by ye Articles of Peace con¬
cluded on by ye Honble his late Majesties Commission1-8 appointed un¬
der ye great seale of England for ye Affaires of Virga It was concluded
and agreed on, that ye several nations of Tributary Indians should pay
to his Majties Govern1, for ye time being their Tribute Beaver, and that
likewise they should annualy pay unto his Majty, for and in leiu of a
Quitrent, as an acknowledgement for all lands they held of our sover-
aigne Lord ye King, only three Indian Arrowes; and this board doe
alsoe begg leave, humbly to represent to his Majesty, that ye several
Towns of Indians are partly by war, partly by mortality soe wasted
and decayed, that many Townes now united, doe not make up the
number of one Town, whereby ye value of ye Tribute Beaver is much
lessened, to what in former Govern18 times, It hath been, and is now
soe mean, that if it were sold att ye Common Price Between Man and
Man, would not att ye most produce above fifty pounds ster, and hav¬
ing been a Perquisite alwaies received by former Govern1,8 when It was
of value, It is now humbly hoped, that his Majesty will be graciously
pleased to continue y® like Grace and favour, unto his Majesties pres¬
ent Govern1, His Excellency Francis Lord Howard of Effingham, under
whose prudent and watchful Government this his Majesties Colony,
doth now (God be thanked) florish.

And forasmuch as y® R4 Honbl® y® Lord Treasurer is pleased to sig¬
nifye, that his Majties pleasure is, that y® profit of wine Lycences be
accounted for, this Councel doe humbly beg leave to sett forth unto
his Majesty, that it hath never been known, since y® first seating of
this Country, that houses have been peculiarly sett up, for ye vending
of wines, or that any wine Lycences have been granted; and that y®
only houses of Accomodation are ordinaries and Ale houses, wch are
not above two or three in a County, Masters of wch houses doe annualy
upon y® renewing their Lycences, pay to his Majties Govern1, for y®
time being, a small consideration, as by Act of Assembly Established.

Col Thomas Ballard having this day moved his Excellency & y®
Councel, that his just demand of a debt due from y® estate of y® late
Rebel Nathaniel Bacon junr deced, might be taken under considera¬
tion; In which, y® Councel being well knowing, y4 y® Debt contracted
by Bacon, was for y® Plantation, stock and servants, whereon y® said
Bacon, in his life time lived, and thereof died possessed, and ye said

78

Executive Journals, Council of Colonial Virginia

Col Ballard having been a great sufferer by ye late Rebellion in Vir¬
ginia, of wch ye said Bacon was ye principal Actor, ye Councel there¬
fore doe humbly request his Excellency, that he will be pleased to rep¬
resent ye Case of ye said Col Ballard, unto his most sacred Majesty,
for his Royal Grace and Favour.

Att A Councel held Att ye house
of Col Nathaniel Bacon
July 1st 1686
Present

His Excellency Francis Lord Howard Govern1,

Mr Auditor Bacon Col Wm Cole

Mr Secretary Spencer Col John Page

Col Phillip Ludwel Col Wm Byrd

Col Christopher Wormeley

It is this day ordered in Councel, that According to ye usual pro¬
ceedings upon Prorogations And Adjournments of Assemblies, that
Mr Secretary Spencer does issue from his office, new writs directed to
every County in ye Colony, ordering and requiring the meeting of the
former elected Burgesses, Att James Citty, on the twentieth day of
October next; And in case of any of their mortalities or absence out
of ye Countrey, that then It be expressed in ye writs, that the Counties
are required to make new Elections to supply ye place of those, that
are either dead or absent out of ye Governm* and that ye said writs be
issued att least forty dayes before ye day of their return.

Whereas It has been found, that Masters of ships and seamen coming
in to Trade in this Governrn1 from Europe and his Majties Plantations
in America, have contrary to their duty and allegiance, presumed to
declare and report various false and seditious Reports, endangering ye
Peace and well being of this his Majties Govermrff wch in ye late un¬
happy distractions (had not ye prudence and care of his Excy timely
prevented) did threaten ye quiet and welfare thereof, for prevention
of such Evils, woh may happen from ye like practices, It is this day
ordered in Councel, that all Collectors upon any masters of ship or
Vessels coming into this Countrey to Trade, doe strictly charge and
require them ye said Masters to be cautious in divulging any News or
Reports, and that ye sd Masters give ye same directions to their sea¬
men, for if ye said News or Reports shall prove false and seditious, they
shall be proceeded against according to the severity of ye Law.

His Excellency was this day pleased to cause Mr Meins Instructions
to ye Collectors to be read, and a copy thereof to be delivered to each
respective Collector

Mr Matthew Hubberd in ye behalfe of Mr Goddard having moved
his Excellency and Councel, that he having lately bought a Vessel built
in this Countrey, and that he being ye sole owner thereof, might have
ye benefit of ye Law given to Virginia Owners, wch being taken under
consideration, and ye Act of Assembly inspected; It is found, that ye
Act only extends the benefit thereof to Inhabitants of Virginia; and

Executive Journals, Council of Colonial Virginia

79

It not being made appear, that Mr Goddard is an Inhabitant thereof,
It is therefore ye opinion of ye Board, that he ought not to have ye
benefit of y1 Law.

It was this day ordered in Councel, that Proclamations issue forth
requiring all Ministers in each respective Parish, in this Colony, to
keep an exact Register of all Christnings and Burials in their respective
Parishes, and that they return an account thereof annually to ye sec¬
retaries office, on ye sixth day of April General Court, and that in those
Parishes, where are are noe ministers, that then Readers performe ye
same; and It is likewise ordered, that all Masters of families doe give
annualy to ye Minister or Reader of their Parishes an account of all
those, that depart this life in their families, that ye ministers and
Readers may be enabled to performe their parts.

George Smith Interpreter to ye Pomunkey Indians having this day
informed his Excellency and Councel, that ye Pomunkey Indian Queen,
soe called, was lately dead, and that ye Pomunkey Indians did desire,
that ye late Queenes neice — upon whom ye right of Governm* of that
Indian nation does devolve, might succeed in ye Governm* whereupon
It is ordered, that ye said Geo. Smith doe acquaint ye said late Queens
neice and ye Great men of Pomunkey Town to attend his Excellency,
att James Citty, on ye third day of ye next General Court, in order to
her being confirmed in ye Governm* of those Indians; It is likewise
ordered, that Indian Harries wife, being a Pomunkey Indian, doe at¬
tend his Excellency and Councel, Att ye same time, to ye intent she
may be examined, what she knows or Imagins is become of her hus¬
band, and ye other Indians loss’d from Col Byrds; And It is likewise
ordered, that ye said Geo: smith doe by all private & subtile meanes
endeavour to discover, how and by what meanes those Indians were
losst.

Whereas by long experience It has been found, that ye Trade and
Trafficke of this his Majties Governm* and Dominion of Virginia is but
slow paced, and that little Trade and Merchandize, that is carried on,
mannaged with extream care, trouble & difficulty, for want of money
passing from man to man, ye hinge upon wch most Trade moves; And
This Board being humbly of opinion that if pieces of eight french Crowns,
with other forraigne Princes Coine had an Advancement put upon ye
real value, It might be a ready meanes and way of causing considerable
quantities of money to be brought in hither by mercht3 and Traders,
according to other his Majties Plantations in America; This Board
doe therefore most humbly beg leave to offer unto Yr Maj“cs most
Gracious and Royal consideration, how conducing It will be to y° en¬
riching of his Majties subjects of this Colony, if his Majty shal be gra¬
ciously pleased to give leave to his Gen1 Assembly to make and passe a
Law, that peices of eight, being good silver and of due weight and french
Crowns, be advanced and [made] of real value with six shillings sterl,
and lesser peices of ye same Coine proportionably, alwaies having espe¬
cial regard, that his Majties revenue be in noe part lessened or dimin¬
ished, but that ye rwo shillings per hhd, fort duties, Quitrents, and all
other his Majties Dues be Advanced proportionably with ye advance
upon peices of eight, french Crowns & c to make them of ye real value,

80

Executive Journal Council of Colonial Virginia

that now they are; and that such an Act soe made and passed be
humbly presented to his Majties Royal consideration for his gracious
approbation or disallowance.

His Excellency was pleased to cause to be read this day in Councel
his Majtie8 Letter, bearing date ye fifteenth day of December 1685,
signed by his Majties Command, by ye Right Honble ye Earle of Ro¬
chester, Lord High Treasurer of England, signyfying, that his Majties
Royal will and Pleasure was, that Thomas Sands of London merch*
should have liberty to ship out of Virginia, eight hundred hhds of To¬
bacco, for England, for and in consideration of five hundred and eighty
hhds of Tobacco exported from Virginia, in ye William and Sarah, John
Rudds Commander, in ye year 1665, for wch by his petition, he ye said
Sands said, he had paid ye Virginia Duties, and that ye same was taken
by ye Dutch, and utterly lost; To wch yr Majties Governr and Councel
doe most humbly beg leave to reply, that in ye year Mr Sands pretends his
said five hundred and eighty hhds of Tobacco was taken and losst pass¬
ing for England, many ships both in that year and since have been lost
by misfortunes att sea, their Enemies, and other fatal accidents, for
woh noe allowance ever was or could be made by ye revenue of this
Yr Majesties GovernnV wch being soe low and mean, with all ye frugal
management, that can Bee, will not bear nor support ye necessary
charges thereof without bringing ye Revenue annualy in Arrear, as by
the Publick Accouncts annualy transmitted to ye R* Honble ye Ld.
High Treasurer is made forth, and yr Majtiea Governr and Councel
doe most humbly beg leave to lay before yr Majties Royal consideration
how impossible It will be, for yr Majties Revenue to bear and answer
ye charge that may be brought upon it by pretensions of this like
nature, if yr Majesty shall futurely think fitt to Command, that Mr
Thomas Sands shall have liberty to ship eight hundred hhds of To¬
bacco for England, free of Duty, from this Colony, It will be taken as a
President to encourage all others, who have received losses att sea of
ye like nature, to expect ye like Grace and favour, woh will soe draw
from yr Majties Revenue, in this Colony, that there will not be where¬
with in any sort to answer ye most necessary charges of this GovernnP
from wch consequences, It is humbly hoped, that yr Majesty out of yr
Royal Grace and favour will be pleased to free ye Revenue of this vr
Majties Colony.

July ye second 1686

A true Coppy:

Nicho: Spencer secty

Att A Councell held att James Citty Aprill ye 21st 1687

Present

Nathaniel Bacon Esqr
Mr Secretary Spencer

Coll Wm Cole
Coll: Richd Lee

His Excellency

Coll John Page
Coll John Custis
Coll John Lear
Coll Christopher Wormeley
Coll: Isaac Allerton

Executive Journals, Council of Colonial Virginia

81

This day Coll: Isaac Allerton was Sworne one of his Majesties Coun¬
cell of this Collony of Virginia.

Whereas the Records of the Assembly, have been usually Comitted
to the Care, Custody, and keeping of the Clerk of the Assembly, and
forasmuch as Majr Robert Beverley late Clerke of the Assembly, is
lately Departed this life, in whose Custody, and keeping the Records
of ye Assembly in his life time were, and this Board takeing under Con¬
sideration, of how great Weight, and Concern it is, to the Publique Good
of the Country, that the Records be Safely and Securely preserved, and
that ve feare of all Imbeizllments of the Same, be timely prevented. I
have therefore Ordered that Ralph Wormeley Esqr and Coll: Christo¬
pher Wormeley doe with ye first Conveniency Comand from, and Re¬
quire of Mrs Katherine Beverley the Relict and Executive of the sd
Majr Rob* Beverley, late Clerk of the Assembly, or in whose Custody else
they are, all the Records of the Assembly, or Papers thereunto Relate-
ing, formerly Comitted to ye Care, Custody, and Keeping of the sd
Majr Robert Beverley, as Clerk to ye Assembly, which being produced
unto them, the sd Ralph Wormeley Esqr and Coll° Christopher Worme¬
ley, they are Desired, and Ordered to take Care that a particular account
of the same be taken, and a Schedule thereof being soe taken, they are
to Cause The sd Books and Papers to be Safely putt up into the Hamp¬
ers, which the sd Majr Robert Beverley when Clerke of ye Assembly,
for the better Secure Carriage of them, did usually transport them in,
from his own house, to ye Gen11 Assembly at James Town, and the
Books and Papers being Soe Safely putt up into the sd Hampers, the
sd Ralph Wormeley Esqr and Coll Christopher Wormeley for ye more
Intire preserving of them, are to Cause ye Hampers to be Sealed up,
woh being accordingly done, The sd Ralph Wormeley Esqr and Coll
Christopher Wormeley are Desired, Impowered, and Ordered by War¬
rant, or Order, under their hands & States [statements] to Comitt the
sd Records, and papers, with the Hampers into the Custody of the
Sherriff of Middlesex; with Order, that they be forthwith by ye sd
Sherriff, with a good Guard, Safely Conveyed to James Town, and then
and there to Deliver the sd Hampers, with the Records and papers of
the Assembly, unto William Edwards Clerk of the Councell, who is
Required to give a particular Receipt for what Records Delivered unto
him, to the Intent they may be safely and Securely preserved, by the
sd William Edwards untill his Excellency shall think fitt, to Dispose
them into the Care and Custody of a person fitt for soe Weighty a Con-
cerne.

Att a Councell held att James Citty Aprill 25th 1687

Present

Nathaniel Bacon Esqr
Mr Secretary Spencer
Coll : Wm Cole
Coll: Richard Lee

His Excellency

Coll: John Custis
Coll: John Page
Coll: John Lear
Coll Christopher Wormeley
Coll Isaac Allerton

82

Executive Journals, Council of Colonial Virginia

His Excellency was pleased this day in Councill, to acquaint the
Councill, that Complaints had been formerly made unto his Excellency,
by Mr William Martin Merchant of Plymouth and Mr William Ginnis
Master of Mr Martins Ship, the Daniell and Elizabeth of Plymouth,
ag1 Cap1 John Crofts Comandr of his Majties Ketch the Deptford, his
Excellency was likewise pleased to acquaint the Councell, that upon
the Complaints soe made unto him, his Excellency Caused an Order to
be Directed unto Cap1 Crafts, to Attend his Excellency att James Town,
the Eight and Twentieth day of Aprill, and att the Same time Ordered
the sd Mr Wm Ginnis personally to appeare att James Town before his
Excellency to make out (according to his petition) his Grievous Com¬
plaint ag1 Cap1 Crofts, which Information of Mr Martins, and Mr
Ginnis’s Complaining petition, as also his Excellencies Order unto Cap1
Crofts for his Attendance Directed to yesherriff of Westmorland, to be
by his Officer Delivered unto Cap1 Crofts, then in Potomock River,
with his Majties Ketch the deptford, his Excellency Comanded to be
Read to ye Councell, as also his Order for Cap1 Crofts answering the
Complaint of his Boatswaine, Gunner, and Carpenter, and also the
Returne made by the Sherriff of Westmorland’s Deputy of Cap1 Crofts
his answer, upon his acquainting him, with his Excellencies Comands,
his Excellency was also pleased to acquaint the Councell, that upon
the Returne of Cap1 Crofts his Contemptuous answere, his Excellency
thought fitt, Imediately to Dispatch an Order to Cap1 Allen Comandr
of his Majliea Ketch ye Quaker then att Anchor in James River, with
all Convenient hast To Attend his Excellency att James Town, in Order
to an Affaire of Weight of his Majliea, which Order of his Excellency’s
unto Cap1 Allen, and Cap1 Allen’s Answer thereunto, his Excellency
was pleased to Comand to be Read to the Councell, his Excellency was
also pleased to Signifye to y e Councell, that he had taken y e faire Course
of heareing the Complaints Exhibited ag1 Cap1 Crofts, and that with all
due Regard had to his Majlies Service, wch Cap1 Crofts had not only
avoided to appeare, and Answer unto, but had threatned the Officer
Comanded to Deliver his Excellencies Order, and also made most Con¬
temptuous Reply, as ye Officer made returne of, all which his Excellency
was then pleased to acquaint the Councell, he Intended by the first
opportunity humbly to Represent to his most Sacred Majly, for his
Royal Consideration thereof, and for such Remedy as in his Princely
Wisdome should find fitt, for that he was unwilling att present to putt
ye matter any Otherwise upon Cap1 Crofts, tho his Offence was most
Notorious, lest he should rest that, as an Occasion to pretend, that his
Majlies Affaires, wch he ought to be upon, should want of their due In¬
spection. And as this was a matter of great Moment in this his Maj¬
esties Governm1 soe his Excellency was pleased to say he Comunicated
it to ye Councell, to have their Opinions in it, the whole Body of the
Councell being there present; Are all of the Opinion it most absolutely
necessary for the peace, safety and Welfare of his Majlies Governm1
that the matter be humbly Represented to his Majly for y1 Such were
the Daily Complaints, of ye Wrongs and Injuries Sustained by ye
Merch13 Shipps and Vessells, in this Nature, that the Ruine of Trade,
(the only Support of the Country was threatened by it) and his Majlles

Executive Journals, Council of Colonial Virginia

83

Authority placed in his Majties Leiu* and Govr Gen11 of this his Majties
Dominion, Soe Contemptuously, and Slightingly Spoke of, by Cap*
Crofts, and Others Comanding in that Nature, that it’s to be feared, it
may Influence very ill Effects in ye unruly Spiritts on Land, if marks
of Royall Displeasure be not Sett on the Offenders.

Edmund Jenings Esqr his Majties Attorney Gen11 of this Collony by
his Petition to this Board, Setts forth that Since the Arrivall of his
Excellency the Lord Howard of Effingham his Majties present Leiu*
and Govr Gen11 of this Collony, by reason of ye Strict Enquiry after,
and Inspection into the Breach of all Poenall Lawes, and Due proceed¬
ings according to ye Course of Law thereon had, the Services of him ye
sd Edmund Jenings Esqr as his Majties Attorney Gen11 of this Collony
are more Difficult, laborious, and Expensive unto him, then in former
years, of which noe Consideration hath hitherto been had, and that the
meanness of the Sallary formerly appointed but Twenty pounds per
Annum, did not neer answer his Expence, in a Constant Attendance, as
now Required att the Gen11 Courts, and praying that the Same may
be Considered, and humbly Represented to his Sacred Majty for his
Royal Consideration, for a further Allowance thereon, woh this Board
finding to be Reasonable, by ye Assurance they have, that the Weight
of his Services, are now far greater then in former yeares: Doe therefore
humbly Represent the Same to his Majties Royal Consideration, and
humbly Supplicate his Majty will be pleased to Grant the Allowance
of Forty pounds per Annum be Annually paid unto his Majtie3 Attor¬
ney Gen11 for his Services, by his Majties Auditr for the time being, out
of his Majties Revenues of this Country, of two Shillings per hhd. To¬
bacco Virginia Impost, and that the same be Annually paid next in
Course after the payments by his Majties former Directions appointed
to be made out of the two shillings per hhd tobacco Impost, and Port
Duties.

Att A Councell held att James Citty Aprill 29th 1687

Present

Nathaniel Bacon Esqr
Mr Secretary Spencer
Coll Wm Cole
Ralph Wormeley Esqr
Coll: Richard Lee

His Excellency

Coll John Custis

Coll John Page

Coll : John Lear

Coll Christopher Wormeley

Coll: Isaac Allerton.

The HonbIe Coll John Lear haveing acquainted this Board, that the
Nation of Indians Called ye Meherins hath Deserted their former place
of Residence, or Habitation, and hath lately Seated themselves on the
North Side of the Blackwater, Contrary to ye Limitts, and Bounds in
former yeares Sett unto the Indians, and to which the Meherins never
made any pretention unto, and being Come upon the Skirts, and Bor¬
ders of the English Plantacons they are Injurious to them in their
Stocks, by private Killing, and destroying of them, and not only soe,
but by their Insolent Carriadge, terrifye, and affright the Inhabitants,

84

Executive Journals , Council oj Colonial Virginia

wch this Board takeing into their serious Consideration, and the ill
Effects, wch from such ungoverned Neighbours may be, if not timely
prevented have therefore upon due Consideration had of ye same, De¬
sired and Ordered the Honbl® Coll: Wm Cole, and Coll John Lear two of
his Majties Councell, to meet at the House of Coll John Lear, Sometime,
towards the latter End of May next, to Cause to Come before them the
Warowance, or Chiefe Man of the Mehenns, and some, of his Great
Men, as also y e Warrowance of Nanzemond, and some of his Great Men,
and to know the Reason why ye Meherins come to Seate soe neer upon
the Skirts of Our Inhabitants, and on Lands they have noe pretensions
unto, and therefore they are not to think soe to Continue, to make a
fixed Being. But if they have for this present yeare there planted
Corne, that they may Continue to Tend that Corne, and when Ripe,
to Remove ye Corne together with themselves to ye Southside of the
Blackwater, where they may be Suffered to Sett down, and make Seat-
ment for themselves, not Injuring, Molesting, nor Destroying ye Eng¬
lishmens Stocks; It is also further Ordered, that what Effect this
Treaty appointed hath, with those Meherins, Coll Wm Cole, and Coll
John Lear are to Report to his Excellency and Councell, att ye next
meeting of the Councell, at Mr Auditr Bacon’s, on ye Sixteenth day of
June that accordingly Such Measures may be taken as shall be found
fitt.

Att A Councell held att James Citty Aprill 30th 1687.

Present

His Excellency

Mr Secretary Spencer Coll John Page

Coll Wm Cole Coll John Lear

Coll Richard Lee Coll Christopher Wormeley

Coll John Custis Coll Isaac Allerton

Whereas by Divers good Lawes of this Country, the Justices of Peace
of Every County are Directed & Appointed to Fine Persons Offending,
as by ye poenall Lawes doth appeare, and forasmuch as many persons
Delinquent in the performance of their Duties, And Otherwise Offend¬
ing, have by the Orders of Severall County Courts been Fined accord¬
ing to ye Severall Lawes, in those Cases made and provided, which for
want of being duely Leavyed, have brought a Slight upon the Severall
good poenall Lawes, and Stubborne and Disorderly people, heightened
in their Disorders and Neglects, which this Board takeing under Con¬
sideration, have thought fitt to Order, and Direct, that twice Every
yeare, (Viz*) on y® Sixth day of Octobr and Aprill Gen11 Courts, Re-
turne be made by y e Clerke of Every County Court to Edmund Jenings
Esqr his Majtiee Attorney Gen11 for the time being, of all Fines Ordered
to be Leavyed on Offenders, by Justices of the Peace of the Severall
Courts, not appropriated to particular uses, by Severall Lawes, to the
Intent further Proceedings may be had thereon, and the Same Duely
Collected, and Received, as they shall become Due, by y® Sherriff of
Each Respective County, and by them to be accounted for y® Seventh

Executive Journals, Council of Colonial Virginia

85

day of Aprill Gen11 Court Annually, unto Mr Auditor Bacon, for his
Majties use.

A true Coppy.

Test{ Nicho: Spencer secrty

Att a Councell held at James Citty October 21th 1687

Present

His Excellency

Coll Richard Lee
Coll Jn° Lear
Coll Xto Wormeley
Coll Isaac Allerton

His Excellency was this day in Councell pleased to Acquaint the
Councell that he had reced his Majties most Gracious Declaracon for
Liberty of Conscience, which he is pleased to Order to be published in
James Citty on tuesday next, with the beat of Drum, and the fireing of
the Great Gunns, and with all the Joyfullness that this Collony is Capa¬
ble to Express, and that it be Entered in the Councell Booke, and pub¬
lished in every County in this Collony at their next Courts, and re¬
corded amongst the Records of every County.

The Remissness of the Justices of the Severall County Courts in this
Collony, in not causeing the Comicon of the Peace to be published
after the opening of the Court, and that it is absolutely Necessary it
should be done, they not knowing what Alterations his Excellency is
pleased to make from time to time, being Considered, It is Ordered that
for the future Imediatly after the opening of the Court, the Justices
cause their Comicon to be published, and that they Constantly give
their Attendance at Courts as by Law is Enjoyned, and that a Coppy of
this Order be forthwith Sent to each respective Court in this Collony.

October 24th 1687
Present

His Excellency

Mr Auditor Bacon Coll Jn° Custis

Coll Wm Cole Coll° Jn° Lear

Ralph Wormeley Esqre Coll Xto Wormeley

Coll Rich: Lee Coll Isaac Allerton

His Excellency acquainting the Councell of the unsetled state of his
Majtie3 Militia of this Cpllony, and that for the future the same may
be brought into a better Method, moved that it might be, and it is
hereby Ordered, that the Collonells & Justices of every County in this
Collony doe at their next County Court take an acc* of all the ablest
Freeholders and Inhabitants in their respective Counties that are Qual-
lified either in Estate or person to finde and Maintaine a Man & Horse
to be listed in a Troope for that County, or goe themselves when Occa-
sion shall require, & likewise an account of all other Freeholders and
Inhabitants that are fitt to be Listed for foot, and returne the Same to

Mr Auditor Bacon
Coll Wm Cole
Ralph Wormeley Esqr

86

Executive Journals, Council of Colonial Virginia

his Excellency with all Convenient Speede that he may take Such Meas¬
ures as to him shall be thought Convenient to put the Militia of this
Collony into a beter Method then at present it is, and that those Coun¬
ties which are Divided by Rivers give a perticular account of the Sev-
erall persons on each side of the said Rivers

This Board takeing into Consideracon the Severall Different Formes
of Comicons of Administracons and Probates returned to the Secre¬
taries Office, Doe Order for the future, that the respective County
Court Clerkes of this Colony doe draw all the Comicons of Admistra-
cons and Probates of Wills according to the Formes herewith Sent
them, and that they make due returne to the Clerke of the Secretaries
office of all Comicons of Admistracons & Probates of Wills that shall be
granted in their respective Courts ready drawne by the Second day of
Aprill and October Gen11 Court Annually, to the End they may be
signed and Sealed as by Law they Aught, and that the severall County
Court Clerks who have failed to make returne of their Comicons of Ad¬
ministracons and Probates of Wills, granted this yeare last past, doe
also by the Second day of Aprill Court next returne the same, that they
may be signed and have the Seale affixed

His Excellency was pleased this day in Councell to acquaint the
Councell that he had even then reced from Mr Secretary Spencer Intel¬
ligence of the Discovery of a Negro Plott, formed in the Northern
Neck for the Distroying and killing his Majties Subjects the Inhabit¬
ants thereof, with a designe of Carrying it through the whole Collony
of Virga which being by Gods Providence timely discovered before any
part of the designes were put in Execution, and thereby their whole
Evill purposes for the present defeated, and Mr Secretary Spencer have-
ing by his Care Secured some of the Principall Actors & Contrivers,
and the Evill & fatall Consequences that might have hapned, being by
this Board Seriously considered, Have found fit to Order that the Negro
Conspirators now in Custody be either safely Secured /untill the next
Gen11 Court, to the Intent they may then be proceeded against accord¬
ing to Law, or if it be found more Necessary for the present Safety of
the Country that they be brought to a Speedy Tryall, that then his
Excellcy will be pleased to direct a Commission to Mr Secretary Spen¬
cer, Coll Rich: Lee, and Coll: Isaac Allerton three of his Majties Coun¬
cell Inhabitants in the Northern Neck to Sitt heare and try according
to Law the Negro Conspirators, and to proceed to Sentence of Condem-
nacon & Execucon, or to Such other punishm4 8 as according to Law they
shall be found Guilty off, by such examples of Justice to deterr other
Negroes from plotting or Contriveing either the Death wrongs or In¬
juries of any of his Majties Subjects. And this Board haveing Con¬
sidered that the great freedome and Liberty that has beene by many
Masters given to their Negro Slaves for Walking on broad on Sater-
days and Sundays and permitting them to meete in great Numbers in
makeing and holding of Funeralls for Dead Negroes gives them the Op-
portunityes under pretention of such publique meetings to Consult
and advise for the Carrying on of their Evill & wicked purposes &
Contrivances, for prevention whereof for the future, It is by this Board
thought fitt that a Proclamacon doe forthwith Issue, requiring a Strickt

Executive Journals, Council of Colonial Virginia

87

observance of the Severall Laws of this Collonv relateing to Negroes,
and to require and Comand all Masters of families haveing any Negro
Slaves, not to permitt them to hold or make any Solemnity or Funeralls
for any deced Negroes.

His Excellency was pleased this day to acquaint the Councell that
whereas his Majtie has been graciously pleased to Comand that the
Laws of this Collony then in being, should be revised by His Majtie3
Councell of this Collony, and in due and humble Obediance thereunto,
Mr Secretary Spencer Coll: Ph ill : Ludwell and Coll° Jn° Page three of
his Majties Councell being by a former Ordr of Councell Nominated
and Elected a Celect Comittee for the reviseing the Laws of Virga with
such annotations thereon as they should in their Judgments finde fitt
and Convenient, and to make a returne thereof to his Excellency, and
the Councell, which they haveing accordingly performed and humbly
presented the same unto his Excell y for his Excellencies and Councells
Consideracon thereof, It is by this Board thought fitt, that the Con-
sideracon thereof, be refferred untill another meeting of the Councell,
because Mr Secret. Spencer and Coll° Jn° Page are at present under the
affliction of the Gout, and disabled to give their Attendance at the
Councell table, who it is thought fitt should be present, when the re-
visall they have made of the Laws be under Consideracon to the Intent
they may answere unto such questions as shall be put unto them in
the observations and annotations they have made on the Laws.

Whereas by a former Order of Councell the Clerks of the Severall
County Courts, were Commanded and Required to make due returne
to Edmond Jenings Esqre his Majties Attorney Gen11 the Sixth day of
Aprill and Octobr Gen11 Court yearely of all fines imposed on the Sev¬
erall Offenders by the Severall County Courts, and Edmond Jenings
Esqre his Majties Attorney haveing this day presented to this Board
an acco* of the Same made unto him, It is Ordered that the sherriffs
of every respective County doe take Strickt Care for the Collecting of
the Same, and for the due payment thereof to Mr Auditor Bacon for
his Majties use.

Whereas it hath been made appeare to this Board, that Severall per¬
sons for divers Services for his Majtie and this Country, have beene re¬
quired to make Severall Disbursements of Mony’s and Iobacco’s, and
there being noe other Fund at present to be found for the present Satis-
fyeing of Such Necessary disbursements for the Country’s Service, nor
Cannot be without An Assembly, but by what is raised by the Duty
of three pence per Gallon Custome Imposed on Rum, Appoynted to be
assessed for the dischargeing of the Necessary Services of the Country,
And to the Intent that persons Comanded for the Necessary Services
of His Majtie and the Country and disbursements made thereon may
not be discouraged for want of their due payments and rewards for
Such Services and disbursements, It is thought fitt and Necessary by
this Board, that all Such Necessary disbursemts and Services as shall
by His Excellency and Councell be Ordered, be at present paid and
Satisfied by Mr Auditor Bacon out of the Severall Sums of Moneys of
the Collections of the three pence per Gallon, and be by him accord¬
ingly accounted for. Nicho: Spencer

88

Executive Journals, Council oj Colonial Virginia

Att a Councell held at the House of William Cole Esqre
Febry ye 2d 1687-8

Present

His Excellency

Coll Nath11 Bacon
Coll W“ Cole
Ralph Wormeley Esqre

Coll Jn° Page
Coll Jn° Lear
Coll Xt0 Wormeley

Whereas his Majestie hath been most Graciously pleased, out of his
Princely Care and Goodness soe far to Consider the humble petition
of Severall Merchants, Owners, Adventurers and Planters of Virginia
and Mary-Land, Setting forth how Detrimentall & Ruinous to the
Trade of Virginia and Mary-Land, the Exporting Bulk tobacco hath
been, and is Still like to Continue, for prevention whereof His Majtie
out of his Royall Goodness, hath been pleased to Comand, that his
Majties Governor and Councell of this his Majtie8 Colony and Do¬
minion of Virginia, doe in Conjunction with the Lord Proprietor of his
Majties Province of Mary-Land, take care that a Law be passed in the
respective Assemblies of Virga, and Mary-Land, prohibiting the Ex¬
portation of Bulk tobacco, from this his Majties Plantation of Virga,
and that of Mary-Land, In Obedience to which Gracious Comand of
his Majties, His Excellency was pleased to Comand, that this present
Councell Considered [consider] what time would be most Convenient
for the Conveineing of an Assembly, in order to the haveing a Law
passed pursuant to his Majties Royall Comands, and for the Consulting
to Carry on other affaires, of this his Majties Government, as might
most Conduce to his Majties Service, and the Wellfaire of this Collony,
and it being Considered that Aprill is the most Convenient Season of
the year, for the Conveineing of an Assembly, It is Ordered that Mr
Secretary Spencer doe forthwith prepare Writts, to be Signed by his
Excellency, for the Calling an Assembly to begin at James Citty the
19th day of Aprill next, and to the Intent that the Lord Proprietor of
Mary-Land, or in his absence that the Comanders in Cheife of that
Province, may be advised, how Early his Majties Governor and Coun¬
cell of this Colony, have taken measures for the Conveineing of an
Assembly, In Obedience to his Majties Comands, Have thought fitt to
Order, that a Letter be forthwith prepared, and directly Sent to the
Comanders in Cheife of Mary-Land, Expressing the time when the
Assembly of Virginia is to Conveine, not doubting but they will beleive
it Convenient, that soe Advantagious a Law be Early past, to the Intent
Masters and Merchants, tradeing into the Colony of Virga and Prov¬
ince of Mary-Land, may have timely Notice thereof.

His Excellency was pleased this day in Councell to produce the Sig¬
nification, of his Majties Will and pleasure, for the displacing Coll
Phillip Lu dwell, from being one of the Members of the Councell of this
his Majties Colony of Virga, and likewise that his Majtie was graciously
pleased, to Comand that Isaac Allerton Esqre should forthwith be
Sworne, one of his Majties Councell in this Colony, which Royall Co¬
mand, of his Majties, His Excellency was pleased to command to be
forthwith Registered in the Councell Booke.

Executive Journals, Council of Colonial Virginia

89

His Excellency was pleased this day to move in Councell, that this
being the first Meeting of the Councell after the Publication of his
Majties Royall, and most Gracious Declaration of Liberty of Con¬
science, that his Excellency and Councell by an humble Address unto
his most Sacred Majtie Ought to Express their most hearty and Sincere
Thanks for his Majties most Gracious and tender Declaration of In¬
dulgence, which Motion of his Excellencie the Councell then present,
with one heart and Voice most Loyally and Dutifully Said Amen unto,
It’s thereupon Ordered that an humble Address be forthwith prepared
for his Excellency’s, and the Councells Signeing, and it being Con¬
sidered, that some of the Members of the Councell by reason of In¬
firmities, and other unavoidable letts, are hindered from giveing their
Attendance at the meeting of this present Councell, but being well As¬
sured of their Hearty Concurrence, It is Ordered that William Edwards
Clerke of the Councell, doe waite upon those Gentlemen of the Coun¬
cell not present, at this Councell, with the humble Address to be pre¬
sented unto his Majestie, for their Signeing the Same.

His Excellency and Councell takeing under Consideration, the Great
Distance that Severall of the Councell of this His Majties Colony, lives
from his Excellency’s Seate of Residence, and the great Difficulty, of
passing Severall Rivers in the Winter Season, often times rendrs it, not
onely very difficult, but Impossible to Attend soe frequent Meetings of
the Councell as is Necessary, as also that some are frequently incapaci¬
tated by Infirmities of body, of paying their Attendance at the Meet¬
ing of the Councell, by which meanes oftentimes the Great and weighty
affaires, which should be advised and Consulted of by the Councell,
doe not receive so timely Determination as is fitt they should doe and
Coll Joseph Bridger one of his Majties Councell of this Collony, haveing
for some time been dead, and his Majtie not haveing as yet Signified
his will and pleasure, to cause any other person to be Sworne of the
Councell, to Supply that Vacancy, The Councell doe Supplicate his
Excellency, that he will please humbly to present Coll Jn° Armestead
to his Most Sacred Majestie, that he will be pleased to Signifye his
Royall Will and pleasure, to have the said Coll Jn° Armestead Sworne
of his Majties Councell of this Colony, as being a Gentleman of Great
Loyalty, Good abilities, & known Integrity, who liveing neare his
Excellency will be Convenient and ready to attend all Councells.

His Excellency was pleased this day to acquaint the Councell, that
he had received his Majties Royall Comand, for the takeing Care to
Secure for his Majties use one full Moyety of all Treashure, and riches
taken upon, out, or of, any Wreck, Shipp or Vessell, which hath lately
been brought in, or shall be brought into his Majties Plantacon, which
Order of his Majties his Excellency was pleased to cause to be read in
Councell, and to Stricktly Charge and Comand every particular Mem¬
ber of the Councell, to be very Carefull and Vigilent, in makeing Dis¬
covery in their respective Scittuations of any Plate, Silver, Gold or
treashure of any kinde, soe brought into this. Country, and that his
Excellency have Speedy Notice of any Such discovery, that the Same
may be recovered and received for his Majesties use.

His Excellency was pleased this day to Comunicate to the Coun-

90

Executive Journals, Council of Colonial Virginia

cell, his Majties Comands, that all possible Care, and due meanes be
used, to Seize, and Apprehend all Pirats, and Sea Rovers, their Con¬
federates and Accomplices, with their Shipps, Goods & plunder, and
Cause them to be Streightly Imprisoned, and in Safe Custody kept,
untill his Majties Royall pleasure shall be knowne, Concerning their
being respectively prosecuted, and his Majtie haveing been pleased, soe
to Signifye his Will and pleashure, his Excellency Caused that his
Majtie’8 Order, with all humble Duty to be read to this Board, and
was pleased to give Strickt Charge, that all possible Care be used, for
the Apprehending Such Pirats, and Privateers, and the due observance
of all the respective parts thereof, and to the Intent that his Majtie3
Comands may be Generally knowne, and duely obeyed, It is thought
fitt and accordingly Ordered, that a Proclamation doe forthwith Issue,
requireing all his Majties Officers and Subjects, Inhabitants of this
Government, to Seize, Apprehend and Secure, all Pirats, Sea Rovers
and Privateers, their Confederates & accomplices, with their Shipps,
Goods and plunder, which shall att any time be soe found within this
his Majesties Government; His Excellency was also pleased to Comand
that his Majties Royall Comand herein, should be Registered in the
Councell Booke.

Whereas Patrick Meyn Esqre Survey1, Gen11 of his Majties American
Customes, presented to this Board, a Coppy of a Letter writt by Cap*
Symon Row Comander of his Majties Frigott the Dunbarton, to Mr
Secretary Pepy s, Setting forth what he had done, in the takeing of a
Pyrat in Accomack, in this his Majties Government of Virginia, and
also complaineing of the Ill management of Coll° Custis the Collector
of that Districkt, in that affaire, And Cap1 Thomas Allen Comander
of his Majties Ketch the Quaker, being present at the Reading Cap1
Row’s Letter to Mr Secretary Pepys, affirmed it was falce to his knowl¬
edge, and the said Coll Custis not being present to answere, It is there¬
fore Ordered, that Coll Jn° Custis Collector of Accomack Districkt, Doe
give to Patrick Meyn Esqre, a full and perfect accounte under his hand,
of the whole proceedings in the Discovery, and takeing of the said
Pirat, to the Intent that the Honoble Commissioners of his Maj*ie8
Customes may receive from the said Patrick Meyn Esqre, full Informa¬
tion of the whole matter.

ILs Excellency was pleased to Declare in Councell, that William
Blaithwaite Esqre one of the Clerks of his Majties most Honoble Privy
Councell, had by late Letters advised him that Cap* Jn° Crofts Co¬
mander of his Majties Ketch the Deptford, by Severall of his Letters
the last shipping to Mr Secretary Pepys, had most unfairely Charged
him with great untruths, in saying that his Excellency Discouraged the
Comanders of his Maj*-3 Shipps of Warr heere in Virginia, in the per¬
formance of his Maj*ies Service, and Incouraged unfree, and unfaire
1 raders, His Excellency was pleased further to say, that understanding
L.ap Crofts was Comanded home, was desirous to heare what Cap*
rotts Could face to face say, as to the Maintaineing his false Imputa-
f°uS m^1S f^ettTe/S’ *nd therefore Sent to Cap* Thomas Allen Comander
of His Maj ies Ketch the Quaker, an Order, to Comand the said Cap*
Crofts to attend his Excellency this day, at the House of Coll Wm Cole,

Executive Journals, Council of Colonial Virginia

91

where his Excellency had appoynted the Councell to Meete, to the
Intent he might have soe Good Testimonyes to the trueth of what then
should be discoursed, and as also appoynted Patrick Meyn Esqre Sur-
veyer Gen11 of his Majties Customes, and Edmond Jenings Esqre his
Majties Attorney Generali, that they might be present at the said
Meeting, where Patrick Meyne Esqre, Mr Attorney Gen11, and Cap1
Allen all attended, but not Cap1 Crofts, to whom Cap1 Allen affirmed
he had sent a possitive Order there to Attend, which the said Cap1
Crofts refused to doe, as the said Cap1 Allen sayd, he had done twice
before, His Excellency then asked of Cap1 Thomas Allen, the aforesaid
Gentlemen being present, whether ever Since his Arrivall in this his
Majlies Government, he had discouraged or discountinanced him or
any other of the Comanders of his Majlies Shipps, to which Cap1 Allen
replyed he had never been discouraged, or discountinanced by his Ex¬
cellency; nor any others that he knew of, his Excellency also further
asked of Cap1 Allen whether at all times he had not given to him the
said Cap1 Allen, as also all others the Comanders of his Majlies Men
of Warr all possible Incouragement, in the performance of his Majtles
Service, or that, if he knew his Excellency had Incouraged unfree and
unfair Traders, to which the said Cap1 Allen Answered that his Excel¬
lency had given all possible Incouragement to his Majties Comanders,
and that he never knew or heard that his Excellency had Incouraged
falce or Indirect Trade or Traders, His Excellency also desired of Pat¬
rick Meyn Esqre, to declare whether at all times, his Excellency had
not been most ready to give him all possible assistance, for the full Ex¬
ecution of his Office of Surveyer Gen11 of his Majties Customes, as also
that he would declare, whether he had ever heard or understood, that
his Excellency had discouraged the Capts of his Majties Shipps of Warr,
or Incouraged unfare or unfree Trade, or Traders, to which Patrick
Meyn Esqre Replyed, that he had alwaies received most ready & full
Incouragement from His Excellency, upon all Occations for the Carry-
on his Majties Service, in this Government, nor never understood that
his Excellency had in the least, discountinanced the Captains of his
Majties Shipps of Warr, or that he had in any respect Incouraged falce
or unfree Trade, but affirmed that he had heard of Divers and Severall
Complaints of Injuries Offered to Masters and Merchants of Shipps
Traders into Virginia, by Cap1 Crofts, and that he had Severall times
acquainted his Excellency with what Complaints he had mett with
against the said Cap1 Crofts, to which relation of his, of the Injuries
Offered by Cap1 Crofts Mr Meyn said His Excellency answered him,
that he had heard of a Great Deale to purpose, and beleived they might
be true, but unless they came Regularly before him, he could not take
any Notice of them, if they did, he would be Shure to doe every one
Justice, Mr Meyn also declares, that at another time, acquainting his
Excellency of the fresh Complaints he had mett with against Cap1
Crofts, to which he said his Lordship replyed, Lord Sr what will you
have me to doe, why doe they not come and lay their Complaints before
me, I am not to Send and Pick up Complaints against the Kings Cap-
taines, If I did they would then say, I had noe Minde they should be
heere.

92

Executive Journals, Council of Colonial Virginia

Att a Councell held at James Citty April ye 22th 1688

Present

His Excellency

Nath11 Bacon Esqre
Nich0 Spencer Esqre Secret.

Coll Jn° Page
Coll Wm Byrd
Coll Jn° Lear

Coll Wra Cole
Coll Rich : Lee
Coll Jno Custis

Coll Xt0 Wormeley
Coll Isaac Allerton

His Excellency was pleased this day to Acquaint the Councell that
his Majtie had been Graciously pleased out of his Royall bounty and
Goodness to bestow upon his subjects the Inhabitants of this Colony
and Dominion of Virga a most Glorious Seale, engravened with his
Majties Royall Effigies, as it is a marke of his Majtiea most Gracious
favour and Goodness to his Subjects here Inhabiting, to bestow upon
them soe Glorious a Seale for the makeing good and Confirmeing Pat-
tents & Publiq Instruments to which the Seale shall be affixed, soe yor
Maj*1®8 Govr and Councell of this yor Majtles Colony and Dominion
doe with Loyall, and Gratefull hearts, most truely, humbly and Sin¬
cerely acknowledge that they Can never Sufficiently Express their Joy
that yor Majtie has been pleased in soe remarkeable a manner to favour
the Subjects of this yor Majtiea poore Country with soe inestimable an
Honor and Manifestation of Care and Goodness as is the Dignity of
that Seale, for which please Great Sr to Accept the tender of the lives
and fortunes of yor Majties most loyall Subjects, as being the all they
can tender, and which they shall be alwaies ready to offer up to yor
Majties Service.

Coll Wm Byrd presented to his Excellency and Councell, a Warrant
from the R* Honoble Lords of the Treasury, Signifying that he was ap-
poynted and Authorized Auditor of this Colony and Dominion of Virga
upon the Surrender of the present Auditor Coll0 Nath11 Bacon, which
Warrant is by this Board Ordered to be Registered in the Councell
Booke

May ye 1st 1688
Present

His Excellency

Nath11 Bacon Esqre
Nich0 Spencer Esqre Secret:

Coll Jn° Page
Coll Wm Byrd
Coll Jn° Lear

Coll Wm Cole
Coll Rich: Lee
Coll Jn° Custis

Coll Xt0 Wormeley
Coll Isaac Allerton

Whereas the R‘ Honoble Coll Thomas Dongon His Majties Govr
Gen of New-Yorke by his Letter of the 30th of march 1688 unto his
Excellency Francis Lord Howard, which his Excellency was pleased
this day to Cause to be read in Councell, Sett forth the Extraordinary
Great Charge that his Majties Province of New Yorke had bourne and
undergon for some Considerable time in the Maintaining of a Warr for

Executive Journals, Council of Colonial Virginia

93

the defence of five Nations or Cantons of Indyans, (viz*) the Maquas,
Sineca’s, Cajougnes, Oneydes, and Onondagnes Subjects of his Majtie
of Great Brittain against the Indyans Assisted and Countinanced by
the Govr of Canady, and Craved and desired the Assistance of this
his Majties Colony and Dominion of Virga a supply of mony for the
Carrying on of the said Warr too heavy and Chargeable for that Gov¬
ernment any time to hold out or beare, Likewise his Majties Order to
Coll° Thomas Dongon to defend and preserve those Nations of Indians
against the Incursian and Invasion of the Governor of Canada and the
Canada Indyans, and this board takeing the whole matter under Con¬
sideration & observing that his Majtie in his Order to Coll Dongon was
pleased to Comand and direct him that in case he wanted aid and As¬
sistance for the Carrying on of the said Warr to give Notice to the Sev-
erall Govra and Proprietors in his Majtiea Plantacons upon the Con¬
tinent of America to the end they might Assist him with Such help as
the Exegency required, in which this Board are of the Opinion that
out of Duty to his Majtiea Comands & out of Comisseration to their
Fellow Subjects Inhabitants of New Yorke Oppressed by Warr, and
out of Consideration of the Kinde and Great Assistance have reced
from that Governm* in assisting His Excellency Francis Lord Howard
in making a happy peace with those Seneca Indyans, ought to assist
his Majties Government of New Yorke ag* the Attempts of the French
Kings Subjects and Indyans, and thereupon resolved, that the present
Assembly should be moved to Contribute what this Country Could doe,
by way of Supply of mony, to aid and Assist his Majties Government
of New Yorke, in the defence of his Majtiea English and Indyan Sub¬
jects there Inhabiting, In which his Majtiea Assembly of Virginia de-
clareing, that they were uncapable of affording any Supply of Mony,
by reason of their present Necessities, they lye under from the meane
and low vallue of their onely Comodity tobacco is of at present. And
his Majties Govr and Councell finding, that noe Supplyes could be Ex¬
pected from the Assembly, and well knowing of what great Moment,
and Concerne it is to the future peace, and Wellfaire, of this his Majties
Government of Virga, to have the Seneca Indyans, protected and pre¬
served, from the Attempts and Incursions of the b rench, and Indian In¬
habitants of Canada, under whose Subjection should the Seneca’s be
reduced, his Majties Subjects of this Colony must Expect to be perpe¬
tually disturbed and disquieted and brought under an Insupportable
Charge, if not ruined, Therefore his Majt!ea Councell are Unanimously
of the Opinion, that it is not onely fitt, but absolutely Necessary, that a
Supply be made unto the Government of New Yorke, for the better Car¬
rying on the Warr they are Ingaged in, and haveing noe Publiq Fund
of present Mony, nor waies, nor meanes to raise it, but by an Assembly,
who have positively declined any Assistance, Therefore doe humbly
Supplicate his Excellency to Concur with them in Opinion that five
hundred pounds Sterl, be raised out of his Maj*>ea Quitrents of this
Country, and by bills of Exchange Ordered unto his Maj“ea Gov' of
New Yorke, as a Supply to defend them, in the Warr, they are In-
gaged in. And doe humbly beseech his Majestie, that he will_ be Gra¬
ciously pleased soe favourably to accept of this Councell to his Excel-

94

Executive Journals, Council of Colonial Virginia

lency, for the Issueing of a Warrant to Mr Auditor for the Ordering
five hundred pounds, out of his Majties Quitrents heere unto Coll
Dongon as onely Intended an Act of Service to His Majt!es Govern¬
ment of New Yorke, and not out of any presumption of his Majties
most Loyall and Dutifull Subjects, and Servants, his Majties Govr and
Councell of this Collony.

His Majesties Governor and Councell of this his Majties Colony,
with all Humility begg leave to represent unto his Majtie, that many
yeares since, in some of the Extreame parts of this his Majties Colony,
Considerable Quantityes of Land, were appoynted and layd out for
the use and benefitt of the Indyans, as namely the Pomunky Neck,
and the Southside of blackwater, where there was then Inhabiting, very
Considerable Nations of Indyans, Consisting of great Numbers, but
are now wasted and dwinled away, however doe hold and possess all
those Considerable Tracts of Lands, which when they were a Numerous
People, was Allotted for them, and being of large Extent, makes little
or noe use of, by which meanes those parts the Country, lyes Open as
an Inroade to the Foreigne Indyans, who have made frequent Attempts
upon those poore, and weake Townes of Indyans, and being Sencible
how unable they are to defend themselves, against any Such Attempts,
and finding that Such large Tracts of Land, are of noe benifitt nor use
unto them, Have therefore humbly petitioned his Excellency, that his
Excellency would be pleased to admitt, his Majtie3 Subjects of this
Country, who were desirous to remove themselves into those parts, to
Survey and Seale Pomunky Neck, and the Southside of blackwater,
from whose Neighbourhood, the Indyans Exspect to have protection',
and likewise releife in their now most Indigent way of Liveing there¬
fore this Board are humbly of the Opinion, that as it will be a meanes of
safety to those poore Remnant of Indyans, soe it will be as great Satis¬
faction, to yor Majties Subjects, to be admitted to Survey and Seate,
those uninhabited parts of yor Majties Country, alwaies reserveing and
Continueing to the Indyans, Such Quantityes of Land as they shall
declare themselves Satisfied with, both in Pomunky Neck, and the
Southside of the black-Water, by which meanes Lands lyeing in those
parts of the Country, from which yor Majtie now receives noe benifitt
of Quit rents, will if Seated and Inhabited make a good Addition to the
Revenue of Quitrents, of this yor Majties Colony and Dominion of
Virga

Upon the Consideration of the Complaints, of some of the Inhabi¬
tants of Curratuck, Setting forth that the Government of North Caro¬
lina had distrained upon parte of their household Goods, under pre¬
tence that the Land that they Inhabited, was within the GovernnVof
North Carolina, and that therefore they ought to pay proportionable
for the discharge of the Government, with other the Inhabitants thereof-
tho Indeede they were alwaies Esteemed to be part of the Inhabitants
of the Government of Virga, and held their Lands by Pattents granted
by the Govr of Virginia, all which this Board takeing under their Ser¬
ious Consideration, are of the Opinion that the whole matter be humblv
represented unto his Majtie, for his Royall Consideration, and that a
Letter be forthwith writt for his Excellencyes Signeing, directed to ye

Executive Journals, Council of Colonial Virginia

95

Governor and Goverment of North Carolina, Signifying that this Gov¬
ernment, have humbly represented unto his Majtie the pretensions
that that Government makes unto the Lands lyeing on Curratuck and
blaekwater, And that it is desired that noe disturbance or Violence be
Offered to the Inhabitants thereof, untill his Majestie, shall Signifye
his pleasure therein.

His Majesties Govern1, and Councell of this Colony, knowing
themselves in Duty bound faithfully to represent unto his Majtie, all
Occurances of Moment relateing unto the Same, Doe Therefore humbly
beg leave to lay before his Majties Royall Consideration, a Matter
whereby not onely his Subjects at present are disturbed, and disquieted
in their possessions, neare adjoyneing unto the Government of North
Carolina, but also the Publique Peace of the Country threatned, by
the Violent Actings of some Officers of that Government, under pre¬
tence Extending the bounds thereof, far within the anciently reputed,
Knowne Southerne bounds of this yor Majties Colony of Virga, for
the Southern bounds of this yor Majties Colony of Virga, have alwaies
been reputed to Extend unto the Latitude of 36, unto that Latitude
Lands hath been Granted unto Adventurers and purchasers for more
then forty yeares past by former Governors and Councells of this yor
Majties Colony of Virga, and the Lands soe Granted have been by Pat-
tents from yor Majties Secretaries Office of this Colony, and the In¬
habitants thereon Seated have been taken to be the Inhabitants of
Virga, and accordingly formerly have paid all Scott and Lott of pub¬
lique and County dues of this Colony, and Quietly and Peaceably En¬
joyed their Lands held from this Government untill the yeare 1680,
that some pretence was made to some small parte of Lands lyeing
neare uppon Curratuck, and blaekwater, upon which pretentions, the
Inhabitants thereof applyed themselves unto the R‘ Honoble Thomas
Lord Culpeper the then Govern1, of Virga and also to the Councell
thereof, who by Letter then to the Govern1- and Government of North
Carolina, soe Satisfied them in the justness of the Clame of the bounds
of this Country to 36: that the Inhabitants thereof, were not in the
least vexed or disturbed in their possessions by any pretence of the
Govrment of North Carolina, untill this present year 1688, who now
without makeing any further Clame, have Levied upon Many the In¬
habitants of Curratuck and the blaekwater, who hold their Lands by
Pattents from this yor Majties Government, and for the said Levies
have distrained, and forceably Carried away, divers Goods out of the
Houses of the said Inhabitants, which force upon them from the Gov¬
ernment of Carolina, if not timely prevented, will prove Ruinous to the
poore people, if not usher in greater Mischiefs, therefore his Majties
Govr and Councell doe humbly Supplicate his Majtie to take under his
Royall Consideration, the presures those poore Inhabitants lye under
from the pretence that those Lands, are part of the bounds of North
Carolina, and that his Majtie will be pleased not to narrow the bounds
of his long Seated Colony of Virga And his Majties Govr and Councell,
doe humbly further begg leave to Offer to his Majties Consideration,
how prejudiciall it may be to his Majties Revenue, ariseing upon to¬
bacco, if those Lands now in Question should be taken to be under the

96

Executive Journals, Council of Colonial Virginia

Government of Carolina, lyeing soe neare unto the Opening of Curra-
tuck, that small Vessells may pass in and out, undiscovered and Carry
off, what tobacco’s they finde fitt, without paying any dues for the
Same, for the Inhabitants of North Carolina being but few in Number,
and far remote from that parte of Curratuck, Cannot make discovery
of any Such Cheats if Intended, which whilst it’s under the Govern¬
ment of Virga is provided against by the prudent Care of Mr Meyne,
his Majties Survey1 Gen11 of Virga, by a Person an Inhabitant of Virga
being appoynted a Collector to Inspect according to Law, all matters
of Trade in that parte, And for the Quieting yor Majties Subjects in a
peaceable possession of their Lands, and Stopping the force by Dis¬
tresses put upon them, yor Majties Govr and Councell, doe humbly
begg leave to Supplicate yor Majtie, that you will be pleased to give
Direction, for the Ascertaining of the bounds betweene Yor Majtles
Governments, of Virga and North Carolina, as in yor Princely Wis-
dome shall finde fitt.

May the 12th 1688

Present

Nath11 Bacon Esqre
Nich° Spencer Esqre Secret.
Coll Wm Cole
Coll Richd Lee
Coll John Custis

His Excellency

Coll Jn° Page
Coll Wm Byrd
Coll Jn° Lear
Coll Xto Wormeley
Coll Isaac Allerton

His Excellency did this day propose to this Board, whether a Con-
ferrence should be held with the House of Burgesses, concerning the
Repealeing an Act of Assembly made in Octobr 1686, restraineing
Planting tobacco after the last of June, in which this Board are of the
Opinion, Since the House of Burgesses in their Severall answers, were
very firme in the not repealeing of it, and haveing for some dayes
Slighted an answere to an Offer made by his Excellency for a Confer-
rence, Wee are therefore of Opinion that a Conferrence would produce
noe advantage, His Excellency likewise proposed whether the Con-
tinueing that Law at present, would not be a disadvantage to his Maj¬
esties Revenue of tobacco; and if not Repealed, whether the Assembly
should be disol ved or not. In which the Councell are of Opinion that
if Seasonable weather hapned in any time for planting, then that Law
would have noe Effect to Lessen Cropps, and if the Drought Continued
noe plants would be left to plant, Therefore in this unseasonable time,
it was Indifferent to his Majesties Interest, wheather Repealed or not,
and the House of Burgesses haveing Spent the greatest parte of the
time of the Sitting this Assembly, in heats and Jarrs, and like to In¬
crease to a Greater height if Continued, having refused to Concurr
in makeing a Law, prohibiting Exportation of Bulk Tobacco, and re¬
pealeing the Act restraineing Planting Tobacco, the principall matters
recomended unto them, the Councell are of Opinion, that it will be for

Executive Journals, Council of Colonial Virginia

97

his Majties Service, and Countryes Ease, that the Assembly be dis¬
ol ved. Vera cop Test

Nicho: Spencer

Att a Councell held at the house of Ralph Wormeley Esqr

June the 20th 1688

Present

His Excellency

Nathaniell Bacon Esqr Ralph Wormeley Esqre

Nicho: Spencer Esqr Secret. Coll Jn° Custis

Coll Wm Cole Coll Wm Byrd

Coll Christopher Wormeley

This Board haveing taken under Consideracon, the great Paines,
Care and trouble, now lyes upon the Clerke of the Councell, more then
in former yeares, by reason of the frequent Councells, and the good
Methods and Rules observed for the faire Regestering of all Polliticall
Matters, & Orders of Councell, with all other Transactions of Moment
of the Government requireing Constant Attendance, for which the
present Established Salary of Clerke of the Councell being but fifteene
pounds per yeare, is soe Low and Meane, that it doth not near answere
his trouble and Charge, This Board doe therefore humbly begg leave
to propose that Thirty pounds per Annum may be yearely paid to the
Clerke of the Councell out of his Majties Revenue, towards a reward
of his Carefull and faithfull Services, as Clerke of the Councell.

William Byrd Esqr was this day upon the Surrender of Nathaniell
Bacon Esqr late Auditor of Virga, by His Majties Command Sworne
Auditor of Virginia, and at the Same time gave bond, in the Sume of
Five thousand pounds Sterl, to his Majtie, for the Just and faithfull dis¬
charge of the Office of Auditor, with whom Coll John Custis, Cap4 Wm
Randolph and Cap4 Peter Perry became bound for the Same.

Whereas His Majestie hath been Graciously pleased, for the beni-
fitt and good of his Subjects the Inhabitants of this Collony, to bestow
upon them a Seale, for the Authenticating and makeing good in the
Law, Comissions, Pattents and other Publique Instruments, to which
it shall be affixed, and hath also by Comission been pleased to Direct
and Impower, His Excellency Francis Lord Howard to keepe and use
that Seale, as the Seale of this His Majties Collony and Dominion of
Virga, and whereas it is well knowne unto this Board, that a Fee is
ascertained for the Seale, Suitable to the Dignity thereof in all His
Majesties Plantations and Dominions, which His Majties Govr and
Councell haveing under their present Consideration, Doe with all hum¬
ble Duty, begg leave to Supplicate his Majtie, That His Majtie out of
his Royall pleasure will direct and Say, what shall be the fee to be de¬
manded and taken, for the affixing the Seale unto any Pattent, Pub¬
lique Instrument or writeing, which being by His Majties Royall Au¬
thority soe Ascertained, will take of [off] all Disputes or Questions,
what is or ought to be the Fee to be demanded, for the Seale soe sffixed,
unto any Pattent, Publique Instrument or Writeing.

Vera cop Test Nicho: Spencer

98

Executive Journals, Council of Colonial Virginia

Att a Councell held at James Citty Octobr 18th A° Dom: 1688 Annoque
Regni Regis Jacobi Secdi Quarto.

Present

His Excellency Francis Lord Howard Govr & c.

Nath11 Bacon Esqr
Coll Wm Cole
Ralph Wormeley Esqr
Coll Richd Lee
Coll Jn° Custis

Coll Jn° Page
Coll Wrn Byrd
Coll Jn° Lear
Coll Xt0 Wormeley
Coll Isaac Allerton

In Obedience to His most Sacred Majties Comand dated the 30th
■day of Aprill 1688, Coll Jn° Armestead was this day Sworne one of
His Majesties Councell of State of this Dominion, having first taken the
Oaths of Allegiance and Supremacy, and Ordered that His Majesties
Order, for the Swearing the said Coll Jn° Armestead be Registered in
the Councell Booke

Coll Jn° Armestead added.

His Excellency acquainting this Board that being in Accomack
this last Somer, Major Charles Scarburgh amongst other discourse to
his Excellency sayd, that his Majestie would weare out the Church of
England, and upon his Excellency’s saying how Mr Scarburgh, weare
out the Church of England, he replyed, yes, for where there are any
Vacancies, the King Supplies the places with Men of other perswasions,
with other discourses of the like Nature, for which his Excellency then
reproved him, and hath Since Suspended him from the Comission of
the Peace, and the said Words being by this Board lookt on, as highly
tending to the disquiett of this his Majesties Government, and Con¬
trary and Derigatory to his Majesties most Gracious Declaration of
Liberty of Conscience, Doe order that the said Major Charles Scar¬
burgh make his personall appearance at James Citty before his Ex¬
cellency and Councell in Councell on the Second day of the next Gen11
Court, then and there to answere what shall be objected against him

The Sherriffe of Accomack County is hereby
Ordered to Serve Major Charles Scarburgh
with this ordr and to make return to the Clerke
of the Councell

Whereas the Justices of Rappahanock County by their humble
petition to his Excellency, which His Excellency was pleased to Cause
to be read to this Board, have Set forth that by an Order of his Ex¬
cellency in Councell dated the 26th of Aprill 1686, It is amongst other
things Comanded, that noe Distinction or Separation as formerly, be
had or made, of the Monthly Courts held for Rappr County on the
North and Southside the River, but that all actions Comenced on the
one side, be determinable on the other, the Contrary being represented
Vexatious to the Inhabitants thro delay of business, upon the receipt
of which they had applyed themselves to an Exact observance thereof,
and after a two yeares Tryall did finde the Alteration of their former
Practice, hath rather caused delay, then dispatch in business, thro the

Executive Journals, Council of Colonial Virginia

99

many refferences ariseing out of the Mass of accons, with other Hind-
erances, whereas formerly when accons of each side the River were
determinable on the Same side they were Comenced, business was dis¬
patched with much Chearfullness and Ease, and poore Suitors not put
to the great Inconveniency of Crossing the River, who many times
whilest in Eager pursuit of a passage, yet in vain, have their business
dismist, and by that meanes notwithstanding their painfull Endea¬
vours, are left as far [as] at first from recovering of their just Right,
whereof Complaint hath been made to them, And therefore they hum¬
bly prayed that their Former Method of hearing and determining
accons, on the Same side the County whereon they are brought might
be revived, all which having been duely Considered by this Board It
is by His Excellency by and with the advice and Consent of the Coun¬
cell Ordered that all accons Comenced on the Southside of the River,
shall be onely heard and Determined on the Southside, and that all
accons Comenced on the Northside of the River, be there onely heard
and determined, as if the aforesd Order of the 26th of Aprill 1686 had
never been made notwithstanding anything to the Contrary thereof
therein Contained.

Whereas the Justices of New kent County by their humble pe¬
tition to his Excellency, which His Excellency was pleased to Cause to
be read to this Board, have Set forth that by an Order of his Excy in
Councell dated the 26th of Aprill 1686, It is among other things Co-
manded, that noe Distinction or Separation as formerly be had or
made of the Monthly Courts held for New Kent County, on the North
and South side the River, but that all accons Comenced on the one side
be determinable on the other, the Contrary being represented vexa¬
tious to the Inhabitants thro the delay of business, after the receipt
of which they applyed themselves to a due observance thereof, and doe
find the alteration of their former practice hath rather Caused delay
then dispatch in business, for that formerly when accons of each side
the River were determinable on the same side they were Comenced,
business was dispatched with much Ease, poore Suitors, not being put
to the great Inconveniency of Crossing the River, who many times
whilest in Eager pursuit of a passage, yet in vain, h'ave their business
dismist, and by that meanes, notwithstanding their painful endeavours,
are left as far as at first, from recovering of their just right, and there¬
fore humbly prayed that their former Method of hearing and deter¬
mining accons, on the Same side the River whereon they are brought
might be revived, all which having been duely Considered by this
Board, It is by His Excellency, by and with the advice and Consent of
the Councell Ordered, That all accons Comenced on the Southside the
River, shall be onely heard & determined on the Southside, and that
all accons Comenced on the Northside be there onely heard & Deter¬
mined, as if the aforesaid Ordr of the 26th of Aprill 1686 had never
been made, notwithstanding any thing to the Contrary thereof therein

Contained. ,

Whereas it appeares to this Board there hath been many great
Neglects in the Dispatch of Messengers Sent on his Majesties & this
his Countries Service Occationed by Severall persons keepeing Ferry s,

100

Executive Journals, Council of Colonial Virginia

who have refused to transport such Messengers and their Horses with¬
out ready pay, and the Same being taken into Serious Consideracon,
as also of how Dangerous Consequence to the Safety and well being of
this Country Such Neglects may be, Have thought fitt for the preven¬
tion thereof for the future to Order, And it is hereby Ordered that noe
person whatsoever keepeing Ferry, or which hereafter shall keepe
Ferry, demand or take pay of any person (for transportacon of him-
selfe and Horse over any River in this Country) that shall be Sent by
His Excellency the Govr to any of the Councell or others for His Maj¬
esties, or this his Countryes Service, or from any person to His Excel¬
lency the Govr, the respective persons Sending the said Messengers,
Subscribeing his Name on the back of Such Letter or Pacquett as they
Send by them, And whereas it is represented to this Board that Sev¬
eral Counties in this Country, take pay of the respective persons they
admitt to keepe Ferry’s in the said Counties, It is thought fitt and ac¬
cordingly Ordered (in regard all persons keepeing Ferry are obliged
to Transport all Messengers that shall be Sent on his Majesties or
Countreys Service without pay) that noe County for the future, de¬
mand or take pay of any person for being admitted to keep Ferry.

To the Sherriffe of . County

who is hereby Ordrd to make publication hereof
at the next Court to be held for the aforesd
County.

Att a Councell held at His Excellencies House at Rosegill Decembr 13th
Ao Dom: 1688 Annoque R Rs Jacobi Secdi Quarto.

Present

His Excellency Francis Lord Howard Govr & c
Ralph Wormeley Esqr Coll Xto Wormeley

Coll John Armestead

It is by this Board Ordered with hearty and humble Obedience to
His Majesties Royall Order in Councell, for the Proclaimeing his Royall
Highness Prince of Wales, and for a publique Thanksgiving to Almighty
God, for soe Great a blessing to his Majestie, His Kingdomes and Do¬
minions, that accordingly Proclamations be forthwith prepared for his
Excell oy 9 Signeing, to be Sent forth to all the respective Countys of
this his Maj‘ies Colony of Virga for the due Proclaimeing of his Royall
Highness Prince of Wales, and ascertaining the Day of Thanksgiveing..

Febry 27th Ao Dom: 1688 [1688-9]
Present

His Excy Francis Lord Howard Govr & c

N3,, ®acon Esqr Ralph Wormeley Esqr

Coll William Cole Coll Wm Byrd

Coll Jn° Custis Coll X‘° Wormeley

Coll Richard Lee Coll Jn° Lear

Coll John Armestead

Executive Journals, Council of Colonial Virginia

101

The Order of Councell for the Proclaimeing his Royall Highness
Prince of Wales, and for the Ordering and appointing a day of Thanks¬
giving was this day in Councell read, and being now a full Councell,
Wee doe most Unanimously Concur with His Excellency and the then
Councell, for Expressing Our Joy by Proclamation for the Birth of his
Royall Highness, and day of Thanksgiveing to almighty God for that
blessing, It is also Ordered that his Majesties Royall Order of Councell
for Proclaimeing the Prince of Wales, as also his Majesties Order in
Councell to his Excellency for putting this his Majesties Colony and
Dominion of Virg a into the best posture of Defence it’s at present Ca¬
pable of, to resist any invasion that shall be made upon this his Maj-
eties Collony by any of his Majesties Enemy’s, be Registered in the
Councell Booke of this Colony.

Whereas his Majestie was Graciously pleased, to bestow upon his
Subjects the Inhabitants of this his Colony, and Dominion of Virga,
a new Seale, for the better Authenticating of Pattents, Comissions of
the Peace, and other Publique Instruments of the like nature, and the
Seale being very large and to be Imprest upon Wax, and affixed to
Instruments drawn in Parchment, and the same arriveing late the last
yeare, and his Majesties Office here being unprovided, with Parchment
& was, fitt for drawing Pattents and Comissions of the Peace for the
new Seale to be affixed to, And forasmuch as the former Seale was but a
Small one, and made use of onely with large wayfers, and thick large
paper fitt for the same, It is therefore the Opinion of the Board that
the former Seale be Continued & used, untill his Majesties Office here
can be furnished with Parchment and wax fitt for the new one, and that
the Same be most humbly represented to His Majestie, for allowance
thereof.

This Day was read in Councell his Majesties Royall Order in
Councell of Aprill 27th 1688 Signifying his Royall Will and pleasure to
be, that None of His Majties Govrs in any of his Plantations, should
upon any pretence whatsoever leave his Government, without his
Majtie8 Leave in Councell for the Same, His Excellency also produced
to this Board His Majesties Gracious Leave in Councell for his Excel¬
lencies Liberty of takeing a voyage for England, which his Excellency
said God willing he Intended forthwith to doe, and proposed that Proc-
lamacons might be prepared, Signifying in whom the Government rests
during his Excellency’s absence, or untill his Majesties Royall pleasure
shall be therein further known, which was accordingly Ordrd to be
done.

His Excellency intending forthwith to Imbarque on a Voyage for
England, delivered in Councell under his hand and Seale, Such and
soe many of his Majesties Royall Instructions to him, for the Manage¬
ment of the Government, as his Excellency Judged Necessary to be
Comunicated and left for the present Carrying on of this his Majesties
Government, during his Excellencies absence or his Majesties pleasure
be further known, which are accordingly Ordrd to be registered in the
Councell Booke.

Whereas His Majestie by his Royall Comand, hath Signified to
his Excellency and Councell of this his Dominion of Virginia, that his

102

Executive Journals, Council of Colonial Virginia

pleasure was to have all the Laws of this his Colony and Dominion re¬
vised by his Councell of this Colony, and the Same being revised to
be humbly presented to his Majestie for his Royall & Gracious Con¬
sideration thereof, which being accordingly revised, It is humbly re¬
quested by this Board (His Excellency Intending Suddenly for Eng¬
land) that he will present the revised Law’s unto his Sacred Majestie,
for his Royall Consideration thereof.

Upon His Excellency’s declaring his Intentions suddenly to take a
Voyage for England, haveing his Majties Gracious Leave soe to doe,
it was under the Consideration of this Board, how his Majestie hath
been pleased to direct and appoint in whome the powers by his Maj¬
esties Royall Comission to his Excellency, resided, dureing His Excel¬
lencies Absence from his Governm4, And it being by His Majesties
Royall Comission to his Excellency declared, that in case of the Death
or absence of the Govr from his Government, His Majesties present
Councell should take upon them the Exercise of the Government, and
that the person first Nominated, in his Majesties Instructions then
residing in the Government should precide, and his Majestie having
been pleased to Nominate Coll: Nath11 Bacon President of his Councell
of this his Majties Colony, who being present declared, that he had a
most Loyall and hearty Zeale to Serve his Majestie with his Life and
Fortune, as he had most diligently in a long Series of Yeares faith¬
fully and Loyally performed, but now being by the blessing of God ar¬
rived at a great length of yeares, and thereby rendered unable of per¬
forming those Royall Services his Majestie by the present state of him
in the Comission had been pleased to place upon him, and being de¬
sirous to Spend the remainder of those few days, he hoped God will
add to him, in a retired Service to God Almighty, and as a meanes
thereunto having layd downe those Offices of advantage and proffitt,
his Majestie was Graciously pleased to Confer upon him, moved his
Excy & this Board that it might be represented unto his Majtie, that
he most humbly begged his Majties most Gracious favour to be dis¬
charged of all publique Services, which is accordingly by this Board
most humbly represented to His Majestie, for His Majesties Royall
Will and pleasure therein.

Upon his Excellencies passing under his hand & Seale the Names
of his Majesties Councell of this Colony, in his Majties Instructions to
his Excellency Nominated, and in the places and Stations they were
therein nominated and Stated, the Gentlemen whose names are here¬
after mentioned moved that they humbly Supposed, that by Mistake
or misinformation, they were not Stated or ranked in that Seniorship
of Councell, as they had been admitted by his Majesties former Ord¬
ers, as Namely Ralph Wormeley Esqre, Coll Richard Lee, and Coll
Jn° Lear, and the same Seeming to Lessen that high honour (tho un¬
deserved) his Majestie had been pleased Graciously to Confer on them,
they humbly moved that his Excellency would be pleased to represent
the same unto his Majestie, in which Just and deserved motion the
whole body of his Majesties Councell of this Colony, doe most heartily
Joyne with the said Ralph Wormeley Esqr Richd Lee and Coll Jn°
Lear, that his Excy will be pleased to represent the same unto his Majtie

Executive Journals, Council of Colonial Virginia

103

for his Majesties Royall Consideration thereof, and if it shall seeme fitt
to his Majesties Will & pleasure, that the Mistake in the placeing the
aforesaid Gentlemen may be altered, that then they may receive his
Majesties Royall Stamp of Favour as in their former Stations they
were Ranked in, being as hereafter is sayd viz*

Nath11 Bacon Esqr
Ni: Spencer Esqr Secret.
Coll Wm Cole
Ralph Wormeley Esqr
Coll Richard Lee
Coll Jn° Custis

Coll Jn° Page
Coll Wm Byrd
Coll Jn° Lear
Coll Xt0 Wormeley
Coll Isaac Allerton
Coll Jn° Armestead.

His Majesties Order signifying his pleasure of his Man of War the
Deptford Ketch, whereof Cap* Thomas Berry is Comander, being by
his Excellency Ordered to be read in Councell, It is Ordered that the
Same be Registered in the Councell Booke

Att a Councell held at James Citty Aprill 19th 1689

Present

Nath11 Bacon Esqr President
Nich° Spencer Esqr Sec. Coll Wra Byrd

Coll William Cole Coll X‘° Wormeley

Coll Jn° Custis Coll Jn° Lear

Coll Jn° Page Coll Isaac Allerton

Coll Jn° Armestead

Whereas his Excellency with the advice of the Councell, persuant
to his Majesties Comands during the time of War, requiring the Shipps
in this Government trading, to be Ordered home in Fleets, for the bet¬
ter preservacon of them, Ordered that noe Shipps bound for Europe
should depart this Colony till the tenth day of May, unless to the
number of Twenty sayle of Shipps could be in readiness to sayle before
that time and forasmuch as a Considerable Fleete are now in readi¬
ness, and desirous that they may be permitted to sayle, which being
duely Considered, It is Judged fitt that the Imbargo be taken of and
the Shipps permitted to sayle on the Second day of May, and accord¬
ingly Ordered that all Collectors doe soe timely Cleare the Shipps in
their respective districts, that they may be in readiness to Sayle from
Point Comfort the aforesaid Second of May, It is also Ordered that
those few Shipps which shall be remaining be permitted to sayle as
soone as they are in readiness to put to Sea.

Aprill 24th 1689

Whereas there is a difference betweene Surry County & Charles
Citty County, in relation to the bounds of Land dividing the said Coun¬
ties, and haveing moved this Board that the bounds of the two Coun-
tys might be ascertained, which humble motion, this Board having
Considered have refPd the hearing of the matter to the Honoble Coll
Wm Byrd, Coll Jn° Lear & Coll Isaac Allerton, who are desired and Im-

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Executive Journals, Council of Colonial Virginia

powered to Call before them Such Gentlemen of Charles Citty County
and of Surry County as are appointed to manage the difference for
the two Counties, and the said Gentlemen haveing heard the Same,
and reported that a line run from the plantacon of Richard Williamson
(leaving the said plantacon in Charles City County) South fivety de¬
grees West to ye black Water Swamp, will be an Equall dividing line
betweene the said two Counties, which this Board haveing Considered
and findeing it to give satisfaction to the Inhabitants of both Coun¬
ties, Have Ordered that the aforesaid line be run by Mr James Minge
& Major Samuel Swann Survey” in the presence of Such of the In¬
habitants of both Counties as the Court of each County shall appoint,
to be performed by the first of Octobr next, and Such a line being soe
Run to be & remain the fixt dividing line between the Counties of
Charles Citty & Surry.

Aprill 26th 1689
Coll Rich: Lee added.

Whereas divers wicked and ill disposed persons of the Counties of
Stafford and Rapp a laying hold of some falce and Extravigant reports
of the unsetledness of affaires, Contrived and designed to make use
thereof to the advantage of their mischevious purposes, having by a
pretended Examination of an Indyan saying that the Papists had hired
the Indyans to assist them to Cutt of all the Protestants of this His
Majesties Colony and Dominion of Virga, as also of Maryland, and
having noised it abroad that tenn thousand Seneca Indyans together
with Nine thousand Nanticoaks, were all Landed & Joyning their
Forces with an Imediat purpose of distroying all the Protestant In¬
habitants of Virga and Mary Land, and haveing by their falce Al¬
larums terrified and affrighted the Inhabitants with their mischevious
Contrivances and Imaginations, even to the forceing divers familyes
to the deserting of their Houses, and having endeavoured to possess
many of the Inhabitants of this Colony that all his Majesties Councell
of this Colony, & most of the Cheife Magestrates of each County were
Papists, (tho certainly knowne to be none Such) and that they con¬
spired in the designe of Joyneing with the Indians, to Cutt of the
Protestants, which reports & rumors tooke soe great possession of many
the Inhabitants of this Country, that with the greatest Care and dili¬
gence that could be used the Peace of the Country & welfare thereof
was with great difficulty preserved, many in Stafford County, as also
in Rapp a County, having drawn themselves into parties with force of
Armes to Rob, Plunder and pillage many the good & Loyall Subjects
the Inhabitants of Virginia and Maryland, and to Stirr up and Carry
on a Rebellion in both Colony’s, and forasmuch as John Waugh Clerke
is reported to have been very Instrumentall, in possessing the People
with those Imaginary Fears and to Stir up the Inhabitants against the
Peace & quiett of the Government, and Bur Harrison and John West
being Suspected to be the first Contrivers & designers of all those falce
and Evill reports, and having dispersed abroad the pretended Examin¬
ation ol the Indyan, and that before the Examination was savd to be
taken, with aggravation of Fearfull Events if not timely prevented,

Executive Journals, Council of Colonial Virginia

105

and endeavoured what in them lay to stir up a Rebellion in unsetled
times, all which being duely Considered, as also the ruinous Conse-
quencies that Such evill and Wicked practices & Contrivancies might
have brought upon this poore Country, if by Prudent Care and good
Conduct it had not been timely prevented, It is therefore the Opinion
of this Councell, and accordingly Ordered, that Jn° Waugh Clk Bur
Harrison and Jn° West be by an Order of this Board taken into Custody
of the Sherriffe of Stafford County, in order to their being Carried on
board his Majesties Ketch the Deptford, whereof Cap* Thomas Berry
is Comander, that with the better Security they may be removed to
Nominy, there to be Examined by the Honoble Nicholas Spencer Esqr
his Majesties Secretary of this Colony, the Honoble Coll Rich: Lee and
Coll Isaac Allerton three of his Majesties Councell, & if they shall finde
that the Notoriousness of the Offences, and the Necessity of the affair
Requires, that they be kept in Close Custody, and for their better Se¬
curity removed from Stafford, that then by his Majesties Ketch the
Deptford Cap* Tho: Berry Comander, they be transported to North¬
ampton County and Comitted to the sherriffe of the said County, to
be by him brought forth on the fourth day of the next Gen11 Court,
that they may be proceeded against, but if upon the Examination of
the said Waugh Harrison & West, it be found that with safety they may
be Comitted to the Goal of Stafford, or let at Liberty with good Se¬
curity for their good behaviour and appearance before the President
and Councell the fourth day of the next Gen11 Court, that then the
aforesaid Ni: Spencer Esqr & c. Coll Richd Lee and Coll Isaac Allerton,
doe admitt the aforesaid Waugh Harrison and West to bayle, or Comitt
them to Prison, and soe to provide that they may be brought to appeare
on the fourth day of the next Gen11 Court at James Citty before the
President & Councell; And forasmuch as it is vehemently Suspected
that Cap* George Mason, Countinanced and encouraged those Fac¬
tious Mutinous dangerous reports, and violent agitations Contrary to
his Allegiance, and the trust reposed in him, which being by this Board
Considered, It is Ordered and resolved that he be removed from being
a Justice of the Peace, and discharged from his Comand in the Militia,
and that he give good Security to the Sherriffe of Stafford County for
his future good behaviour.

Whereas many mutinous and Seditious persons were gathered to¬
gether in the upper parts of Rapp a, about the beginning of Aprill, and
drawing themselves into Armes under the pretence of defending them¬
selves against Papists, and Indyans, and proceeded soe far in their
Mutinous and Factious disordrs, as to beat up Drums for Vollunteers,
saying their was neither King, Laws nor Government, when as it is
rather to be beleived, as it did Manifestly appeare, the pretence of the
feares was onely a Gloss to their Rebellious purposes, and forasmuch
as Wm Gannock, Wm Heather, Timothy Davis, & Geo: Lambert four
forward and Notorious Actors in those Rebellious and Outragious
Actings, who that they may not escape their rewards due for Such
mutinous & Rebellious proceedings, It is Ordered that the Honbla
Ralph Wormeley Esqr, Coll Christopher Wormeley and Coll Jn° Arme-
stead three of his Majesties Councell doe Cause the said Gannock

106

Executive Journals, Council of Colonial Virginia

Heather Davis and Lambart to be taken into Custody, and in Such
time and place as they shall finde Fitt to cause them to be brought be¬
fore them, to take their Examinations, as also Such persons as can Evi¬
dence against them, and after Examinacon either to Comitt them to
Goal, or admitt them to bonds with good Securityes for their appeare-
ance at James Citty the fourth day of the next Gen11 Court, that soe
they may be proceeded against

Whereas upon the veiw of his Majesties Magazine of Powder Shott
for this Colony, it is found to be very Short in proportion to what may
be thought fitt, for the Necessary Safety of the Colony, and this Board
takeing under Consideration, how the Governm4 will be distressed for
want of Powder and Ball, if any intestine disordr 9 should be, or Indyan
incursion which wee are often Subject to, or Foreign Invasion which
may be feared, It is thought fitt & accordingly resolved & Ordered, that
Mr Auditr Byrd doe take Care to Send to England, for fourty barrells
of Powder with Musquett Bulletts, Carbine and Pistoll Bulletts, pro¬
portionable (to be and remain as the Standing Magazine of this Colony)
and the Same be accompted for and paid out of the Mony ariseing from
Port Duty’s.

Att a Councell held at James Citty Aprill 26th 1689

Present

Nath11 Bacon Esqr President
Coll Wm Byrd
Coll Xto Wormeley
Coll Jn° Lear
Coll Isaac Allerton
Coll Jn° Armestead

Ni: Spencer Esqr Sec.

Coll Wm Cole
Coll Jn° Custis
Coll Rich: Lee
Coll Jn° Page

Whereas the Right Honoble the Lords of their Majesties most
Honoble Privy Councell, have been pleased to Signifye that Wm and
Mary Prince and Princess of Orange, have with the Consent & at the
desire of the Lords Spirituall and Temporall and Comons Assembled
at Westminster, beene Proclaimed King & Queen of England, France
and. Ireland, and of the Territories and Dominions thereunto apper¬
taining, And forasmuch as their Lordshipps hath thought fitt to Co-
mand, that the Govr and Councell with the Assistance of the Principall
Inhabitants of this Colony of Virga, doe Proclaime their most Sacred
MajtlLS King and Queene of England, France Ireland and of the Ter¬
ritories and Dominions thereunto appertaining, with the Solemnities
and Ceremonies requisite on the like occasion, It is therefore in Most
humble Duty resolved and Ordered, that tomorrow their most Sacred
Majesties, by Eleven of the Clock in the Morning, before the Court
house Doore in James Citty, be Proclaimed King and Queen of Eng¬
land, France and Ireland & of the Territories and Dominions thereunto
appertaining, according to the Form of Proclamacon by their Lord¬
shipps direction Sent to this their Majties Government, and that the
Sherriffe Sumons the best appeareance that can be had at that time,
for the Testityeing the due Honour & Obedience, and acclamations

Executive Journals, Council of Colonial Virginia

107

of Joy, by fireing Great Guns, Sounding of Trumpetts and beating of
Drums, It is also Ordered and appointed that the 23d day of May
next, their most Sacred Majesties be Proclaimed in every respective
County in this Colony, at the usuall place for holding Courts, with the
greatest Solemnities and Ceremony’s they are Capable of performing
on that great Occasion

Aprill 30th 1689
Present

Nath" Bacon Esqr Presid1
Ni: Spencer Esqr Sec. Coll Jn° Page

Coll William Cole Coll Wm Byrd

Coll Richd Lee Coll Jn° Lear

Coll Isaac Allerton

Whereas Edward Davis Lionell Delawayfer & Jn° Hinson, were
by Cap1 Simon Rowe Comander of His Majesties Frigott the Dunbai-
ton, Stopped Seized & Secured at the mouth of James River, upon the
Suspicion of Pirats, haveing a Considerable quantity of Plate and
Mony, with some other things according to an Inventory thereof taken,
and forasmuch as they were brought before his Excellency, some of the
Councell being then present, who upon Examination declaired that
they had been a broad a Trading, and had come from Burmudos to
Pensilvania, from Pensilvania to Mary Land, and from Mary Land in
a Shallop down the bay, with intention to goe to Lynhaven there to
set themselves downe, and for their passing thorow Pensilvania and
Maryland, produced Certificates under the hands of two Justices ot
the Peace, and forasmuch as the Mony plate and Goods that was taken
with them, were Supposed to be Pirattically taken, His Excellency
thought fitt to have the Mony Plate and Goods Secured, and Comitted
the aforesaid Edwd Davis, Lionell Delawafer and John Hinson, to
James Citty County Goal, there to remain till the Same could be rep¬
resented to his Majestie, and his Majties Pleasure knowne therein,
And forasmuch as the 16th day of August, the said Edward Davis,
Lionell Delawafer and John Hinson, petitioned his Excellency, that
they might be admitted, to the benifitt of his Majesties Gracious Proc¬
lamation, Intituled A Proclamation for the most Effectual Reduceing
and Suppressing of Pirats and Privateers in America, upon which they
affirmed they came in, And the Proclamation being published the 6
day of August, they apprehended themselves to be within the Gracious
mercy of that Proclamation, to which his Excellency then replyed,
that the matter lay before the King, and that he could not proceede
untill his Majestie had signified his pleasure, And forasmuch as the
said Edward Davis, Lionell Delawafer and John Hinson, by their hum¬
ble peticon on the 18th of this Instant Aprill, Set forth their whole case
as by their petition at large will appeare, and humbly prayed that they
might be inlarged, and their Mony plate and Goods delivered unto
them, upon which the Court advised and for answere returned that
his Majestie by the Lord Sunderlands Letter was pleased to sigmtye
that Edward Davis, Lionell Delawafer and John Hinson, or any other

108

Executive Journals, Council of Colonial Virginia

persons who have, or shall be apprehended for Piracy, be prosecuted
according to Law, at Such time and in such manner as Sr Robert
Holmes or his Agent shall desire, And forasmuch as Cap* Thomas
Berry Commander of his Majesties Ketch the Deptford, Agent or Dep¬
uty of Sr Robert Holmes was to be acquainted with the petitioners pe¬
tition, before any proceedings could therein be had, and the said Ed¬
ward Davis, Lionell Delawafer, and John Hinson by their Second pe¬
tition on the 23 d Instant, reiterated their first petition, and moved
that they might have a hearing, and the benifitt of his Majesties Gra¬
cious Proclamacon, according as is by their petition at large Set forth,
to which the Court replyed that Capt Berry was Suddenly to come to
Towne, and it was Necessary it should be knowne what ordrs he had
received from Sr Robert Holmes therein, And the said Cap* Berry per¬
sonally Comeing before the Councell at James Citty, was made ac¬
quainted with the petitions of the said Edward Davis, Lionell Dela¬
wafer and John Hinson, who answered that according to his Direction
from Sr Robert Holmes untill the Plate, Mony, and other things, taken
and Seized with the said Edward Davis, Lionell Delawafer and John
Hinson was delivered unto him, he could not proseede to Tryall, which
being by the Councell Considered, and how that the Mony was by
his Excellencies Order, and direction safely Secured and ready to be
produced when the matter should be adjudged, were of the Opinion
that it was not Consistant with the present case, the said Edwd Davis,
Lionell Delawafer and Jn° Hinson alleadging they Volluntarily came
in, and were not brought in, in hopes of the benifitt of his Majesties
Gracious Proclamation, that the Mony plate and Goods should be re¬
moved untill the Case was fully heard and Determined, upon which
resolve Cap* Berry declineing to Prosecute the said Edward Davis,
Lionell Delawafer and John Hinson, And the said Edward Davis Lion¬
ell Delawafer and John Hinson on the 29th of this Instant againe hum¬
bly moveing that they might be heard, and their Plate Mony and
Goods delivered unto them, by receiveing the benifitt of his Majesties
Gracious Proclamation And that their bodyes might not be kept in
Custody, without hearing, after tenn Months Imprisonment, Which
the Councell having fully Considered, and it appearing they the said
Edward Davis, Lionell Delawafer and John Hinson were not brought
into this Colony, but Volluntarily came in, and that Since Cap* Berry
the Agent of Sr Robert Holmes, refuses to proceede to Tryall of the
aforesaid Edward Davis Lionell Delawafer and John Hinson, unless
the Mony Plate and Goods be first delivered into his Custody, which
the Court for the Reason aforesaid thought not fitt to be delivered till
after Tryall, And that the said Edward Davis, Lionell Delawafer and
John Hinson may according to Law be admitted to Tryall, or receive
the benifitt of his Majesties most gracious Proclamation of Pardon,
Have resolved and Ordered, the Mony plate and Goods remain as in
manner placed by his Excellency, and that they the said Edward Davis,
Lionell Delawafer and John Hinson giveing bond of good behaviour,
with good Security of Five hundred pounds Sterl, be permitted to take
a voyage for England in order to their either receiveing his Majesties
Gracious Pardon, or according to Law to be proceeded against, And

Executive Journals, Council of Colonial Virginia

109

forasmuch as they have Set forth that they are in great Necessity, and
have not wherewith to pay their passage, nor anything to answere
their meane & Ordinary Occasions, It is therefore Ordered that there
be delivered to Edward Davis, Lionell Delawafer and John Hinson,
each Man thirty pds, out of their Monys in Custody and that the acco4
of their Charges of Imprisonment, dyet and fees, be adjusted & Setled
& paid out of their said Mony in Custody as aforesaid, And it is further
Ordered that William Edwards Clerke of the Councell deliver unto
the said Edward Davis, Lionell Delawafer and John Hinson, the Mony’s
Ordered unto them, as by an Order of the Councell Ordering and Im-
powering him soe to doe.

Vera cop Test

Nicho. Spencer

Att a Coucill held at James Citty Janry 16th 1689 [1689-90]

Present

Nathaniell Bacon Esqre President
William Cole Esqre Secret Coll John Lear

Ralph Wormeley Esqre Coll Cr Wormeley

Coll John Armestead

This Board having received Information that Mr John Paine, one
of their Majesties Collectors of Maryland, was killed by a Gunn Shott
from on Board a Yacht, lyeing in Potuxent River in Maryland, be¬
longing to Major Nicholas Sewell, about the latter End of Xbr or be¬
ginning of Janry last, and that the said Yacht and Men that were then
in her, are now in this their Majties Government of Virginia, and Mr
John Woodcock one of the persons, that was in the said Yacht at the
time aforesaid, being by Virtue of Mr Presidents Warrant, brought be¬
fore this Board (haveing yesterday volluntarily Surrendered himselfe
to Mr President) upon his Examination Confessing, that two Boates
with Armed Men, about three of the Clock in the Morning, the third
day of this Instant Janry, comefng very near the said Yacht, were by
him, and the rest of the Company on board the said Yacht, forewarned
comeing any nearer, at that unseasonable time of the night updn their
perrills, and that the Men in' the said Boates then replyed, they were
come to take them prisoners, and to Seize the Yacht, upon which their
Company in the said Yacht answered, that they would not be taken,
nor they should not take the said Yacht, and that after many more
words on both sides* Severall Gunns were fired by the Men in the said
Boates, and by them, that then the Boates left them, and they came
to Virginia, as also that he understood the said Pain was killed in the
aforesd Skirmish, Now to the End all due Care may be had and taken
by this Board, and the Murderers Secured to abide a Legall Tryall, It
is resolved arid accordingly Ordered, that the aforesaid Mr John Wood¬
cock, be by Mr Presid3 Warrant, Comitted into the Custody of the
Sherriffe of James Citty County, there to remain till further Order, and
that Mr Presid4 doe forthwith issue forth his Warrant for the Seizeing
William Aylward, George Mason, Brother William, and the other two

110

Executive Journals, Council of Colonial Virginia

Men that were in the Yacht, and Committing them into the Custody
of the aforesaid Sherriffe of James Citty County, there to remain till
further Order.

Att a Councill held at the House of Nath11 Bacon Esqre
March the 10th 1689

Present

Nathaniell Bacon Esqre Presid‘

William Cole Esqre Secret Coll John Page

Ralph Wormeley Esqre Coll William Byrd

Coll Ch Wormeley

Mr John Woodcock, George Mason, William Burley, and William
Aylward, who were in the Yacht of Major Sewell, when Mr John Pain
was killed in Potuxent River, being according to the Order of this Board
of the 16th of Janry, apprehended, and being now brought before the
Board, were Examined Severally, and one John Reeveley who was in
one of the Boates with Mr Pain, being also this day Examined, This
Board upon Consideration of the whole matter, doe thinke fitt, and
Order, that the said John Woodcock, George Mason, William Burley
and William Aylward doe remain in the Custody of the Sherriffe of
James Citty County untill further Order, and that the said John
Reeveley shall remain in the Custody of the Sherriffe of Yorke County,
until furthdr Order, and Mr Presid* is desired to represent the whole
matter, and transmitt Copies of the Several Examinations to the R1
Honoble the Lords Comittee for Plantations, and the R‘ Honoble the
Earle of Shrewsbury their Majesties Principall Secretary of State and
His Excy the Govr Humbly desireing their Lordshipps to acquaint his
Majestie with the proceedings of this Board, that soe this Board may
receive His Majesties Comands what shall be done therein.

Vera c'pia Test

William Cole Seer.

Att a Councill held at James Citty Aprill 28th 1690

Present

Nath11 Bacon Esqre Presid1
William Cole Esqre Sec. Coll William Byrd

Ralph Wormeley Esqre Coll John Lear

Coll Richard Lee Coll Cr Wormeley

Coll John Custis Coll Isaac Allerton

Coll John Page Coll John Armestead

Forasmuch as it appeares to this Board, by accots Examined and
found just, that there was disbursed for Provissions, for the Seamen
belonging to their Majesties Ketch Deptford, after shee was cast away
in Potomack River, whitest they remained doeing their Duty, in En¬
deavouring to raise her, and Saveing what could be gott of her Sayles,
and other furniture, Seventy pounds five shillings Sterl, also that the

Executive Journals , Council of Colonial Virginia

111

said Seamen, were furnished with Cloathing, to the value of Sixty
Six pds, Sixteene shillings and three pence Sterl,( having lost all their
owne in the Ketch) and that there was due to Carpinters, for Worke
done on board their Majesties Shipp Dunbarton, by Mr Presidta di¬
rection, in Order to her Speedy dispatch to Endeavour the raiseing the
aforesaid Ketch, and for a Sloope hired, to Endeavour the same (after
Cap1 Rowe affirmed he could not Send the Dunbarton) the Just Sume of
thirty three pds one shilling and tenn pence Sterl, in all one hundred
& Seventy pounds three shillings & one penny Sterl, It is Ordered that
Mr Auditr Byrd, pay the said Mony, and draw bills of Exchange on
the R1 Honob!e the Commission18 of their Majesties Navy, for payment
thereof, which they are humbly desired to pay, and to the End that a
just account may be rendered, to the said R* Honoble their Majesties
Com” of the Navy, what Cloathes each man belonging to the afore¬
said Ketch had, that the same may be abated out of their Wages, It
is Ordrd, that Copies of the accounts be drawn out, Attested by Mr
Secretary Cole, and delivered Mr Auditr Byrd, to be by him sent unto
them.

May 1 st 1690
Present as before

Ralph Wormeley Esqre & Coll Jn° Custis absent

This Board having received advice from New Yorke, and Mary-
Land, that divers barbarous Murthers, have lately been perpetrated,
by the French, and Indyans near Fort Albany, in the Government of
New Yorke, and it being much feared that the French, and Canada
Indyans, will make some Attempts on the head of Potomack River,
or other Frontiers of this their Majesties Country; Now to the End
the Inhabitants may stand upon their Guards, and be in a readiness to
resist, and repell any Attempts, that may be made, by their Majesties
and Our Enemies. It is by this Board Ordrd, that the respective Co-
mandrs in Cheife, within this their Majesties Country, doe forthwith
issue their Ordrs, to all the Officers under their Comand, to cause their
Souldiers to be in a readiness upon all Occasions, and have their Armes
well fixed, and perticulerly that the Comand” in Cheife of all the Fron¬
tier Counties, doe forthwith issue their Ord” to the Severall Comanders
under them, forthwith to give Notice to all the Inhabitants, to stand
on their Guards, and be very Vigilent, that they be not Surprized, by
Our barbarous Enemyes, and that upon the least Notice, of the Ap¬
proach of any Forraigne Indyans, or French, they Imediately Send to
the next adjacent Militia Officer, who is forthwith to raise the Militia
under his Comand, and to give Notice to the other Offfc” of that
County, who are alsoe to raise the Souldiers under them, to resist or
repell, any of Our said Enemies, and the said Offfcr or Offic” and [are]
to give Speedy notice to the Comandr in Cheife of that County, and
to follow such Ord”, and Comands as they shall receive from him, and
in case there be occasion for any Assistance the Comander in Cheife,
is to raise soe many of the Militia of the Adjacent Counties, as he shall

112

Executive Journals, Council of Colonial Virginia

think fitt, and cause them to march to the assistance, where occasion
shall be, and the said Comander in Cheife of the said Counties forth¬
with to give an account of the same, to the Govr or Comander in Cheife
of the Country for the time being, and observe Such Ordrs and Comands
as he shall receive from him. And the like Order and Methods are to
be taken and observed by the Comandrs and Officrs, lying at the
Mouths of the Rivers, in case any Enemye shall come by Sea, and that
Mr Presid4 accordingly issue forth Warrants, to the Respective Co¬
man drs in Cheife;

Vera cop Test

William Cole Sec

At a Gen11 Court held at James Citty Aprill 30th 1690:

Present

Wm Cole Esqr Sec
Coll Richd Lee
Coll Jn° Page
Coll Wm Byrd

Nath Bacon Esqr Presid4
Coll Jn° Lear
Coll Cr Wormeley
Coll Is: Allerton
Coll Jn° Armestead

Edward Davies Lionel Delawafer and John Hindson by humble
peticon Set forth that by his Excy ye Lord Howard of Effinghams
mittimus dated ye 9th day of July 1688, they were comitted to James
Citty County Goal for suspition of pyracy where notwithstanding they
peticon’d Severall times for their releasment, and their money plate
and other goods to be deliver’d them, or brought to trval they con¬
tinued full ten months in prison, in which were two Severall' Gen11
Courts and Goal deliveries, and yet no prosecution by ye attorney
Gen11 or any other; in less then which time every English born Subject
and Such are they ought to be prosecuted or acquitted, and whereas
on ye 30th of Aprill 1689: they were permitted to take a Voyage for
England or Stay here, and ordered Severally to receive thirty pds
Sterl for their necessary occasions and were discharged from imprison¬
ment and have given bond and Security for their good behavio1, which
they have punctually observed, and forasmuch as their Case is directly
and imediately lodged before this Court who are ye sole Judges thereof,
and seeing that delayes are odious in Law for by Magna Charta cap.29’.
It is ordain’d that no freeman shall be imprison’d or disseised of his
freehold or liberties, or Justice denied or differred, also by ye Law its
provided that it shall not be comanded by ye Great Seal & c nor bv
Letters or any other cause to delay Right, and albeit such Comand
come from ye King himself also that no Justice shall stay Justice for
any writt, letter, or other Comandm4 against ye Laws of ye Realm, all
which good laws are back’t by Severall late laws and authorities, and
orasmuch as they have brought their Several actions against Cap4
Simon Row for wrongfully forceing their Estates from them, who in
contempt of ye Court appears not, neither will permitt severall of their
witnesses to appear before this Court, tho’ Suppoened: and for that
their Estates are wrongfully and illegally detained from them, and

Executive Journals, Council of Colonial Virginia

113

those that keep it have no lawfull cause so to do, it being their proper
Estates, and ought long since to have been deliver’d to them, they
therefore humbly demand their money plate, and other goods, and
Estates be deliver’d to them, and that they be not further delayed; —
All which having been duely consider’d by this Court, and it appear¬
ing that Cap1 Simon Row did receive a Sumon from Mr President
Bacon, giving him notice that Edward Davies Lionel Delawafer, and
John Hindson, have each of them enter’d an accon of debt for four
thousd pds Sterl, and an accon of ye Case for two thousand pds Sterl
against him; in ye Secretaries Office to ye fifth day of this Gen11 Court
which said Sumon ye Said Rowe having reced, but not making any
appearance it is ye opinion of this Court, that Summon’s issue out
of Mr Secretaries office Sign’d by ye Clerk of that Office against ye
said Cap* Simon Row, directed to ye Sherriff of Eliza Citty County,
to be served by ye said Sherriff and accordingly return’d, and whereas
it is set forth by them the said Edward Davies Lionel Delawafer
and John Hindson, that ye said Cap* Simon Row detaines their
Evidences, and refuses to let them appear, altho they were lawfully
Suppoened by ye Sherriff of Eliza Citty County and it not being
thought convenient to cause ye men belonging to their Maj*ies Ship to
be brought from her; but to ye End ye Said Davies Delawafer and
Hindson may not be impeded, in taking such evidences as they shall
find necessary, It is Ordered that a Dedimus potestatem , issue directed
to Cap* Anth° Armestead Mr Wm Wilson Mr Bertram Servant and
Cap* Thomas Allamby impowering and requiring them or any two
or three of them to take ye deposicons of all such persons as they
shall be desired by ye said Edward Davies, Lion11 Delawafer and
John Hindson to cause to appear before them, and whereas, they ye
said Edward Davies Lionel Delawafer and Jn° Hindson complain, that
they were ten months imprisoned, in which time, every freeborn sub¬
ject ought to be brought to tryal or acquitted, and therefore moved
they might be discharged and have their money plate and good de¬
livered unto them, and it appearing that they ye said Edward Davies
Lionel Delawafer and John Hindson were imprison’d, by a warrant
from his Excy Francis Lord Howard of Effingham their Maj*les Lieu*
and Govern1 Gen11 of Virginia upon suspicon of pyracy they denying
that they were privateers, or pyrates, and ye same being represented
by his Excell y to his Maj*ie in Aprill Gen11 Court last, their came a
Comand from his Maj*ie Sign’d by ye Right honble ye Earl of Sunder¬
land that they ye said Edward Davies Lionel Delawafer and John
Hindson should be brought to tryal, as to Sr Robert Holmes his Maj*ie8
sole agent concerning privateers and pyrates, or to his Deputy should
be thought fitt, the Court then being made acquainted that Cap*
Thomas Berry was by ye said Sr Robert Holmes, appointed his Dep¬
uty in that affair and Cap* Berry appearing at ye Councill board pro¬
duced his power from ye said Sr Robert Holmes, but refused to proceed
against ye Said Edward Davies Lionel Delawafer and John Hindson
unless their money plate and goods were first deliver’d unto him, which
y e Said Edward Davies Lionell Delawafer and John Hindson humbly
moved might not, and it appearing to ye Councill that they ye said

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Executive Journals, Council of Colonial Virginia

Edward Davies Lionel Delawafer & John Hindson, had after ye pub¬
lication of his Majtie3 proclamation, concerning privateers and py-
rates dated Janry ye 20th 1687-8 humbly prayed ye benefitt thereof,
and that they came into this Colony and were not taken and brought
in, It was their opinion that ye money should remain where it was
lodged by his Excy and they ye said Edward Davies Lionel Delawafer
& John Hindson giveing Security for their good behaviour, admitted to
go for England humbly to lay ye whole matter before his Majtie, and
money accordingly allotted them to defray their necessary charges, and
a true state of ye whole proceedings made by ye Councill, but they not
going for England, nor procuring from thence any orders relateing to
their affairs, it can be imputed to nothing but their own neglect that
they have not a final determinacon, but this board considering that a
Lieu* Govern1, is dayly expected by whom it is hoped some measures
are taken in order to ye bringing to tryal ye said Edward Davies Lion11
Delawafer & Jn° Hindson, or delivery of their money plate and goods,
It is ordered that if ye Said Lieu* Govern1, shall not arrive by ye last
of may next, and they ye said Edward Davies Lionel Delawafer and
John Hindson or any of them, are desirous to go for England, that Mr
President issue his warrant for delivery of one hundred pds out of ye
money taken in their possession to each of them that shall desire to
goe, and fifty pds to each of them that shall stay here, for their neces¬
sary Support and maintainance, till such time as their Maj*ies pleasure
shall be known.

Vera cop Test

W Edwards Cl Genii Cu .

Att a Councill held at James Citty June 3 d 1690

Present

The R* Honoble Francis Nicholson Esqre their Ma*ies

Nath11 Bacon Esqre
William Cole Esqre Sec
Ralph Wormeley Esqre
Coll Richard Lee
Coll John Custis

Coll John Page
Coll William Byrd
Coll Cr Wormeley
Coll Isaac Allerton
Coll John Armestead

L* Govr

The Right Honoble Francis Nicholson Esqre their Majesties Lieu¬
tenant Governor, of this their Majesties Colony and Dominion of
Virg a, his Commission from their Majesties bearing date at Westmin¬
ster the 14th day of Novembr 1689, in the first yeare of their Majesties
Reign, was this day read in Councill, after which his Honor with the
President and the Councill, went to the Court House, and the Comis¬
sion there being again read, He took the oath of Lieutenant Governor.

A Proclamation Continuing, all Civill and Military Majestrates,
and Officr8 in the Execution of their Respective powers and Authorities,
was perused, allowed, and Ordered to be Imediatly Issued forth.

Coll William Byrd their Majesties Audit1 acquainting this Board,
that his account of the payment of the Publique dues of this Colony’,
out of their Majesties Revenue for the yeare 1688, was not passed in
England, for that he had not the Council!13 receipts, for their allowance

Executive Journals, Council of Colonial Virginia

115

of three hundred and fifty pounds for that yeare. Now to the End that
Mr Audit” acco* may be allowed, and trouble avoided, in takeing every
of the Councell” receipts, for their parte of the aforesaid sume, the
whole whereof is duely paid, both for the aforesaid yeare 1688, as also
for the yeare 1689, Mr Secretary Cole is requested and appointed, for
and on behalfe of the whole Councill, to Signe a receipt to Mr Audit1
Byrd, for the Councills allowance of three hundred and fifty pds per
Ann: for the aforesaid yeares of 1688 and 1689.

Edward Davis, Lionell Delawafer and John Hinson, having pe¬
titioned the R* Honoble the L* Govr that their Mony, plate and Goods
might be delivered unto them, which was taken from them, by Cap4,
Symon Rowe, Comandr of their Majesties Shipp the Dunbarton, His
Honor was pleased to Comunicate the said petition to this Board, as
also a Coppie of a petition preferred by Mr Micajah Perry, on behalfe
of the said Edward Davis, Lionell Delawafer and John Hinson, to
their most Sacred Majesties in Councill, and His Exoie Francis Lord
Howard of Effingham, their Majesties Lieu* and Governor Generali,
of this their Colony and Dominion of Virga, his answere thereto; and
His Excies ordr to Mr Presid* Bacon, and another to himselfe, for Send¬
ing home the said Mony, Plate and Goods, in ordr to its being delivered
to Sr Robert Holmes, their Majesties Sole Commissioner in that affair,
and desired their Opinions what was requisite and Necessary to be
done therein, and the said Davis, Delawafer and Hinson having been
Examined, what return they had from the Councill Board in England,
to the petition presented by Mr Micajah Perry (who they owned their
Agent) answered, that they had noe answere thereto, but that it still
lay before the Councill, which having been duely Considered by this
Board, It is thought fitt, and accordingly Ordered, that the Mony,
Plate and Goods, taken in the possession of the said Edwd Davis,
Lionell Delawafer and John Hinson, and left in this Colony by His
Excy the Governor be according to his Ordr, Sent home to His Exoy,
Except three hundred pounds of the said Mony, which it is thought
fitt and accordingly Ordered, shall be put into the possession of Ralph
Wormeley Esqre, for payment of the Just debts due from the said
Davis, Delawafer and Hinson in this Colony, (Severall Claimes being
Entered) and that after the said debts are paid, if any shall remain,
the same be Sent to England by the first Conveniency to His Exoy; and
to the End that a true and Just acco* be taken of the said Mony Plate
and Goods and the said Mony Plate and Goods Shipt on board the
Effingham John Purvis Master which said Shipp, is a Shipp of good
Force, and very Convenient to the place where the Mony, Plate and
Goods lyeth, It is Ordered that William Edwards Clerke of the Coun¬
cill, doe in the presence of Ralph Wormeley Esq”, Coll Cr Wormeley,
and Coll John Armestead, three of their Majesties Councill of this Col¬
ony, or any two of them, take the acco* as aforesaid, and deliver the
same to Mr Secretary Cole, that Copies thereof may be Sent to His
Excy, and the said Ralph Wormeley Esq”, Coll Cr Wormeley and Coll
John Armestead, or any two of them, are requested and appointed, to
cause the said Mony, plate and Goods, (Except as before Excepted)

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Executive Journals, Council of Colonial Virginia

to be put on board the Shipp Effingham and take the Masters bills of
Lading for the Delivery thereof, to His Excy in London.

Cap1 Symon Rowe Comandr of their Majesties Shipp Dunbarton,
by His Letter to the R1 Honoble their Majesties L1 Govr of this Colony
and Dominion of Virginia, as likewise a Letter to Mr Presidr Bacon,
both which His Honor was pleased to cause to be read in Councill,
giveing an acco1 that he had Severall things of value in his possession,
which were taken in the Custody of Edward Davis, Lionell Delawafer
and John Hinson, which having been Considered by this Board, as also
the best Method of Securing the same, It is thought fitt, and accord¬
ingly Ordered, that the said Cap1 Rowe forthwith give an account
under his hand of the Severall perticulers in his Custody, taken as
aforesaid in the possession of the said Edward Davis, Lionell Dela¬
wafer and John Hinson, and deliver the said particulrs and the acco1
thereof to Mr Secretary Cole, who is desired to take the same into his
possession, (and give the said Rowe a receipt for them which shall be
his discharge for what he delivers) and Secure the said things, till di¬
rection be given, what shall be done with them.

June 4th 1690
Present as before

A Commission from the R1 Reverend Father in God the Bishop
of London, appointing Mr James Blair Clerke to be his Comissary in
Virga was by the R1 Honoble the Lieutenant Govr caused to [be] read
in Councill, after which the Same was delivered to the said Blair, who
acquainting this Board that there would be some charge and Expence,
in dischargeing what was thereby required of him, but noe way how
the same should be defrayed, on Consideration whereof, the R1 Honob1®
the L1 Govr is by this Board requested, to acquaint the R1 Reverend
Father in God, the Bishop of London therewith; as also returne his
Lords p the humble thanks of this Board, for his pious Care in this
affaire, and the reposeing the trust in one soe well deserveing thereof
as the said Mr Blair is.

Phillip Ludwell Esqre presenting to this Board, a Report of the
Lords Committee for Trade and Plantations, to his Majestie in Coun¬
cill, and His Majesties Ordr thereon, It is Ordered that the same be
Registered in the Councill Booke, and in Obedience thereto, that a
Proclamation be forthwith prepared for His Honor the L1 Govrs Signe-
ing, declaring the Act of 1680 about Attorneys to be void.

His Honor the L1 Govr proposeing to this Board, that the Duty
upon Liqrs Expires the 29th of Septembr next, and Offering it to the
Consideration of the Board whether an Assembly should be Called
before the same Expired, or not, In which it being the Opinion of this
Board, that in a Short time some Ordrs may be received from England,
relateing to the Government, which may require the Calling of an
Assembly, and there being noe Comands from their Majesties re¬
quiring the Same, It is thought fitt and accordingly Ordered, that the
Consideration of this Proposall, be refferred to the meeting of the
L1 Govr and Councill at the Audite, the 24th day of July next at James
Citty.

Executive Journals, Council of Colonial Virginia

117

The R* Honoble the Lieu* Govr proposeing to this Board, that
an acco* be taken of the Severall Great Gunns, Amunition and other
Armes, and Stores belonging to the respective Forts in this their Maj¬
esties Govrment, to the End it may appeare in what Condition they
are, It is Ordered that Coll Jn° Lear with two or three of the Militia
Officrs to be appointed by him, doe cause an Exact account to be taken
of the Great Gunns, other Armes and Amunicon belonging to the Fort
of Nansimond, and returne the same to Mr Secretaries Office, and that
Coll John Page doe the like in James Citty Fort, Coll Jn° Armestead
in Yorke Fort, Ralph Wormeley Esqre in Rappa Fort, and Coll Isaac
Allerton in Potomack Fort.

This Board having received Information from New Yorke, that
Divers barbarous Murdrs and Spoyles, have been Committed by the
French, and Canada Indyans within that Government, and that the
five nations of Northern Indyans, have or doe intend to Send to Our
Neighbour Indyans, to perswade them away with them, which will be
of Dangerous Consequence, to the Peace of this their Majesties Do¬
minion, for prevention whereof, It is Ordered by this Board, that the
Severall Interpret1"8 doe forthwith goe to the Severall Nations of Neigh¬
bouring Indyans, and acquaint them, that if any Forreigne Indyans
come to them, and require them to goe with them, they informe them,
they are under the Protection of this Govrnm*, and that they can do
noething therein, but repaire with the said Indyans, to the next Militia
Officer, who is to acquaint those Forreign Indyans, that the said
Indyans, are under the Protection of this Government, and that they
are not to goe, without the L* Govrs leave, and it is also Ordered, that
the Indyans be by the Interpret” Ordrd, to be very Vigilent, to finde
out the Approach of any Forreigne Indyans and if they shall discover
any, that they forthwith give Notice thereof, to the next Militia Officer,
and that the Interpret1"8 also acquaint the Indyans, that if any For¬
reigne Indyans shall make any Attempt upon them, and they appre¬
hend any Danger, that they may Send in their Women & Children to
the English, who will take care of them, and that the English will
Joyne with them, to Protect them from their Enemies.

The L* Govr desireing the Opinion of this Board, whether it would
be for their Majties Service, if he should goe to the heads of the Great
Rivers, to See in what Condition the Inhabitants thereof are, for the
defence of this their Majesties Colony, In which the Councill Consid¬
ering, the Severall Murdrs and Spoyles, lately Committed by the
French, and Canada Indyans, upon the Inhabitants of New England,
and New Yorke, as appeares by Letters from thence, and not knowing
but they may Attempt some Mischeife, on the heads of the Rivers of
this Government, are of Opinion, that if his Honor doe the Same, It
will be for their Majesties Service, and the Great Satisfaction, and En¬
couragement of the Inhabitants of this their Dominion

The Lieu* Govr desireing to have an account of all the Captaines
of Horse and Foot Souldiers, in this their Majesties Dominion, and
the Number of Troopers and foot Soldiers undr every of their Comands,
and how furnished with Armes and Amunition, It is Ordrd that the
Respective Comand1"8 in Cheife, doe as soone as Conveniently they

118

Executive Journals, Council of Colonial Virginia

can, return an account to the Secretaries Office, of the Severall Cap-
taines of Horse and Foot, dnd the Number of Souldi” under every of
their Comands, and how furnished that His Honor the Lieu* Govr may
have an account thereof.

June 5th 1690

Present as before all but Co11 Custis

Some of their Majesties Collectors of the one penny per pound
Duty on tobacco, acquainting this Board, that they have some small
parcells of Tobacco by them, for which they cannot get Freight, and
proposeing, whether it would not be for their Majesties Interest, to
have the same Sent to England, in their Majesties Friggotts now here,
and this Board being of Opinion, it would be for their Majesties Int¬
erest, if it were not injurious to the Friggotts in their Sayleing, or
otherwise, and the Comodore being made acquainted with the same,
affirmed it might without prejudice be done, It is therefore Ordered,
that those Collectors, who have any of the aforesaid Tobacco by them,
putt the same on board the said Friggott forthwith, for which the re¬
spective Captaine of the Friggott on which the said Tobacco shall be
Laden, is to give the Collector that Ladeth it, three receipts for the
Delivery thereof, to the Right Honoble their Majesties Commission173
of their Majesties Customes in London, or their Order.

The Lieutenant Governor acquainting this Board, that he had
received, Intelligence of Severall Murthers, Committed by the French,
and Canada Indyans, on the Inhabitants of New England, and New
Yorke, desired their Opinions, whether it would not be for their Maj¬
esties Service, and the Greater Security of this Country, that a person
of good Intelligence and understanding, should be Sent to New Eng¬
land, and New Yorke, to Carry Such Letters as he shall think fitt to
Send to those Governments, and to make diligent Enquiry what Mur¬
thers or Depredations, the French, or Indyans, had done in New Eng¬
land or New Yorke, on due Consideration whereof, It is the Opinion
of this Board, that it is of absolute Necessity, and for their Majesties
Immediate Service, that this Government be acquainted, of the truth
of what is alleadged, that thereby due care may be taken for the pre¬
servation of this Colony, and Coll Cuthbert Potter being proposed as
a fitt person, to performe this Service, Ralph Wormeley Esqre and Coll
Cr Wormeley are desired to agree with the said Potter, if he will un¬
dertake it, for fifty or Sixty pounds Sterl, and if he will undertake it,
that he apply himselfe to the R* Honoble the Lieutenant Governor,
for his Letter and Instructions, but if the said Potter shall refuse to
goe, that then Such other person, as the Lieutenant Governor shall
appoint, performe the Same.

Cap* Thomas Arnoll master of the Jeff ryes, and Severall other
Masters of Shipps, and Marchants, petitioning this Board, that their
Shipps were now Laden, and ready to Sayle, and therefore humbly
prayed that they might be permitted to goe, being in all about twenty
Sayle of good Warlike Shipps, and alleadged they would be all ready,
and sayle by the 18th day of this Instant, and this Board having re-

Executive Journals, Council of Colonial Virginia

119

ceived Commands from their Majesties, that noe Shipps be permitted
to sayle for Europe during the time of Warr, but in Fleets, are of Opin¬
ion that if Cap1 Arnoll give bond with Security, that the Severall Shipps
by him Named, shall Sayle the 18th day of this Instant at Farthest,
that they be permitted to goe, which being proposed to the said Arnoll,
and by him denyed to be performed, and the Comodore of their Maj¬
esties Shipps, Sent to Convoy the Virginia, and Maryland Fleete of
Marchants Shipps hither, and back, acquainting this Board, that by
the third day of August, he should be ready, and Intended to Sayle,
with all Such Marchants Shipps, as should then be fitt, and this Board
takeing into their Considerations, that it was upon the petition of the
Marchants and Owners of the Shipps, that the Convoys were Sent by
their Majesties, and that a Fleete could be ready but a Small time be¬
fore the Friggotts time of Stay appointed them Expired, It is the
Opinion of this Board, that noe Shipps be permitted to sayle, but under
the Convoy of the said Men of Warr.

It is Ordered that the Severall Collectors in this Colony, doe not
Cleare any Shipp or Vessell bound for Europe, before the 10th day of
July next, and that at the Clearing any Shipp or Vessell, they take bond
of five hundred pds Sterl that they Sayle to Point Comfort in James
River, undr the Protection of their Majesties Friggotts, and there to
remain till the Fleete with the said Friggotts sayle,

Whereas the Lord Culpeper, and divers others obtained a Grant
from King Charles the Second of the Quitrents, and other proffits of
the Northern Neck in this Colony, and it being found very inconven¬
ient to their Majesties Government, and Oppressive to the Inhabitants
of that Neck, the same hath been humbly presented to their late Maj¬
esties King Charles the Second, and King James the Second, humbly
praying their Majesties to purchase the Lord Culpeper, and other pre¬
tensions, that soe the Inhabitants might be Tenants onely to the
Crowne, upon which their said Majesties were upon treaty with the
Lord Culpeper, but noething having been done therein, This Board
doth therefore desire the R1 Honoble the L1 Govr and appoint Mr Sec¬
retary Cole to write to the R1 FIonoble the Lords Comittee for Planta¬
tions, their Majesties Principall Secretary of State, and His Excy
Francis Lord Howard Baron of Effingham, their Majesties L1 and Govr
Gen11 of Virga acquainting their Lordshipps, of the Same, and humbly
requesting their Lordshipps, on the behalfe of this their Majesties
Dominion, that their Majesties will be pleased, to purchase the Right
of the heir, or heires of the Lord Culpeper, in the said Northern Neck,
which will be much for the Dignity of the Government, and Great
Satisfaction to the Inhabitants.

Att a Meeting of the Councell July 5th 1690
Present

The R1 Honoble the L1 Govr

Nathan11 Bacon Esqre Ralph Wormeley Esqre

Wm Cole Esqre Sec. Coll John Page

Coll John Armestead

It is Ordered that the two Shipps that Came into James River
from Jamaica bound for England one of them Called the Anne and

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Mary of Bristoll whereof one Jn° Burrowes is Master, and the other
Called the James and John of London whereof George Clarke is Mas¬
ter, shall not depart this Port untill the Fleete under the Convoy of
their Majesties Men of Warr Sayle, His Majtie having been pleased to
Comand that noe Shipps should Sayle from hence to England but in
Fleets, and the Comodore of the Fleete Cap* Dilks having acquainted
this Board that he was Ordrd perticulerly to take into his Care Such
Jamaica Shipps as should come here

Vera cop Test

William Cole Sec.

Att a Councill held at James Citty July 24th 1690

Present

The R* Honoble Fra: Nicholson Esqre their Majties L1 Govr
Nath11 Bacon Esqre Coll William Byrd

Wm Cole Esqre Sec: Coll Jn° Lear

Coll John Page Coll Cr Wormeley

Coll John Armestead

In Obedience to an Ordr of his Majtie in Councill a Proclamation
Repealeing the Act of Assembly of June 1680 about Attorneys was
perused allowed, and Ordrd to be Imediatly issued forth

This Board takeing into their Serious Consideracons that there
are divers Good Laws made in England and this their Majesties Do¬
minion of Virginia, restraining the Prophaining the Sabbath day, and
against the wicked Sins of Curseing, Sweareing, Drunkenness & other
Debauchery, and for the Good Govern* of this Country, & amongst
the rest of the good and wholesome Laws, there are Severall Acts made
for the well Ordering of Negroes, and whereas there is an Act made that
Enjoynes the having Grand-juries in every County, that offend” may
be presented and punished, to deter the like offences for the future,
and to the End that the Sabbath day may be kept Holy, all prophain-
ness and Debaucheries of what sort soever discouraged and Deterred,
that the Judgments of God Almighty be not drawn upon Our heads,
and that all the Good Laws made for the well Govrnment of the In¬
habitants of this Colony be put in Effectuall Execution, It is Ordered
that a Proclamation be forthwith prepared requireing and Comanding
the Same, and a Proclamation being accordingly prepared, was per¬
used, allowed and Ordrd to be Imediatly Issued forth.

Ralph Wormeley Esqr & Coll Jn° Custis added.

His Honor the L‘ Govr acquainting this Board that in his travell
thro the Country, he observed the Militia was not in Such Condicon
as it ought, and therefore moved that care might be had therein, and
this Board takeing into their Considerations that the Law, made at an
Assembly begun Aprill 16th 1684, Entituled an Act for the better Sup¬
ply of Armes and Amunition doth fully provide for the Same, Doe
Order that the Respective Comand” in Cheife in this Government, doe
take care to put the said Act in Effectual Execution

Their Majesties haveing been Graciously pleased upon the humble
Request of this Board, to send a supply of Powder and Bulletts to the

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121

Inhabitants of their Maties Colony and Dominion, This Board doe in
all humble Duty acknowledge their Majesties, Grace and favour
therein, and beseech their Majesties to Accept their most hearty and
humble thanks for the Same, & appoint Mr Secry Cole to write to the
Lords Committee for Trade and Plantations, their Majesties Principall
Secry of State, and His Excy the Govr to Signifye the humble thank-
fullness of this Board to their Majesties

Cap1 Symon Rowe by a Letter to His Honor the L‘ Govr, acquaint¬
ing his Honor of the perticuler things he had saved, belonging to their
Majesties Ketch Deptford, and what now remaines, the rest being
Converted to the use of their Majties Shipp Dunbarton, with which
his Boatswain stands charged; and proposeing it, as a better way to
have what remaines appraysed, and Sold here, rather then put their
Majesties to the Charge of the Freight home, His Honor desired the
Opinion of this Board what was best to be done therein, which being
Considered, It is the Opinion of this Board, that to Sell the Same at an
Outcry some few days before the Fleete now bound for Europe Sail
is the likeliest way to advance the Price thereof, and doe therefore
Order that Cap1 Anthony Armestead, Mr William Wilson, and Mr
Henry Jenkins or any two of them doe on the 5th day of August next,
cause the same to be sold at an Outcry, for ready Mony or good bills
of Exchange, which they are forthwith to return to Mr Audit1 Byrd,
with an account of the Severall particulrs Sold, to whom, and for how
much.

Gawen Dunbar Gunner of their Majesties Fort in Yorke River,
produceing to this Board an acco1 of Charge for building a house on
the Land belonging to the said Fort, desired to be paid the Same, and
this Board being made acquainted that the said House is not finished,
Doe Ordr that the said Dunbar doe proceede and finish the Same, and
Coll John Armestead is requested and appointed when the said House
shall be finish’t to veiw it, (and Report what the Same in his Judgment
may be worth) at the next meeting of the Councill after viewing thereof.

His Honor the L1 Govr acquainted this Board, that according to
the Ordr of Councill in June last, he had dispatched away Coll Cuth-
bert Potter, (who would not goe under Sixty pds) and that his Honor
had Writt to the Govrnments of New England and New Yorke, and
to Severall Gentlemen in both Govrnments, desireing to have an acco1
of the affaires of those Govrnmts, and how far they had proceeded
against the French, and Canada Indyans, and had given the said
Potter such directions and Instructions, that he doubted not but in a
short time he should receive a returne from those Govrnments.

July 25th 1690
Present as before

His Honr the L1 Govr acquainting this Board, that it is requisite
and convenient for the forwarding and Carrying on the good Designe
of having a free School & Colledge in this Governm1 (a thing already
proposed by some pious Men) that persons be appointed & Impowerd
to take the Subcsriptions of such as are willing to Contribute towards

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soe good a designe, which by the blessing of God Almighty mayjbe for
his Glory, the Honor of their Majesties, and the Good of this Country,
and the whole Board agreeing herewith, Severall persons being Named,
His Honor is requested to Authorize and Impower them soe to doe.

Whereas by an Ordr of Councill dated May 3 d 1688 It was humbly
represented to his late Majty King James the Second, that as it would
be a Meanes of safety to the Remnant of Indyans now left, soe it would
be great Satisfaction to his Majesties Subjects, and make a good ad¬
dition to the Revenue of Quitrents of this Colony, to be admitted to
Survey and Seate the uninhabited parts of this Country, alwaies re-
serveing and Continueing to the Indyans such Quantityes of Land as
they shall declare themselves Satisfied with, both in Pomunky Neck
and the Southside of the blackwater, and this Board never having re¬
ceived any answere, doe appoint Mr Secretary Cole to Signifye the
Same to His Excy Francis Lord Howard Baron of Effingham their
Majties L1 & Govr Gen11 of this Colony, and that it is the request of
this Board, that His Excy will humbly Supplicate their Majesties to
give Liberty to take up and Seate the said Lands, reserveing to the
Remnant of Indyans now left, such Lands as shall be Convenient for
them

Coll Wm Byrd absent

His Honor the L* Gov” proposall at the Meeting of the Councill
in June last, whether an Assembly should be called or not, the
Duty upon Liq” Expireing in Sept, next, being refferred to be Con¬
sidered at this Meetjng, which being now taken into Consideration, and
it being Expected that in a Short time Comands may be received from
their Majesties relateing to the Government, which may require the
Calling of an Assembly, and that if an Assembly should now be ap¬
pointed, before the receiveing the Same, it will be a very great Charge,
and burthensome to the Inhabitants of this Colony, to have two As¬
semblies one Just after another, are therefore of an unanimous Opinion,
that it is not Convenient at this time to appoynt an Assembly.

The time appoynted (viz1 the third day of August) for the Fleet
bound for Europes Sayling being near, and His Honor the L‘ Govr pro-
poseing what measures shall be taken with those Shipps which shall
not be ready to sayle with this Fleete, It is Resolved and Ordered,
that all those Shipps which shall be Cleared and ready to Sayl with
this Fleete, and get to them before they depart the Country, be per¬
mitted to goe, and that after this Fleete is gone noe Shipp bound for
Europe be Cleared unless the Jamaca Fleete, or some Friggott arrive
here bound for Europe, upon either of which his Honor the L* Govr is
desired to give Liberty, and appoint the time for Clearing and Sayling
of all such Shipps as shall then be ready.

William Edwards Clerke of the Councill moveing that great paines
Care and trouble now lies upon him, more then in former yeares, by
reason of the frequent Councills, and the good Methods & Rules ob¬
served for the Registering all Polliticall Matt” and Ordrs of Councill,
with all other Transactions of Moment of the Government, requireing
Constant Attendance, for which the present Established Salary was

Executive Journals, Council of Colonial Virginia

123

to [too] Small, and did not answere his trouble and Charge, therefore
humbly prayed some Addition might be made to the present Salary
Fourty pds per Ann:, the Considration whereof is refferred to the Meet¬
ing of the Councill in Octobr next.

July 26th 1690

Present as before and Coll Wm Byrd

The R*' Honoble the U Govr proposeing to this Board that it is
fitt and Convenient, that the persons who manage the Government
of Maryland, be made acquainted of the Measures taken by this Board
about the Sayleing of the Shipps bound for Europe, which being ad¬
judged very requisite and Necessary to be done, His Honor is requested
to doe the same, also to signifye to them that in a Letter received from
Mr Jn° Coode, in answere to one Sent by His Honor, directed to those
who take upon them the Management of the Govtiirb in their Majesties
Province of Maryland, the said Coode Informed that the said persons
were all to meete the begining of this Instant July, and that then His
Honor should have a full account of the affaires of that Govrnment,
which was dayly Expected.

This Board takeing into their Serious Considerations that it would
greatly tend to their Majties Service, and the Good and well being of
this Country, if all Such persons as their Most Sacred Majesties shall
please to favour with Comissions for Holding and Enjoying places and
Offices, in this their Majesties Government, were Enjoyned to make
this Colony their Cheife place of Residence, dureing the time they hold
Such place or Office, unless otherwise Lycenced by their Majesties, It
is therefore the humble Request of this Board that their Most Gracious
Majesties would please to Comand and Ordr that all Such persons on
whom they shall Confirme any places or offices in this Governm4, doe
with the first and best Convenience after the obtaining such Com¬
mission, repair into this Government, and here Continue, that soe the
places and offices they hold may be faithfully and punctually per¬
formed, which will be to the Honor of their Majesties, and the Great
Encouragement and Satisfaccon of the Inhabitants of this their Do¬
minions and for the better Effecting hereof, Mr Secretary Cole is ap-
poynted to Signifye the humble desire of this Board to the R* HonoUe
the Lords Comittee for Trade and Plantations, their Majesties Prin-
cipall Secretary of State and His Excy Francis Lord Howard Baron ot
Effingham their Majesties U Govr Genii of this Colony, humbly pray¬
ing their Lordshipps on behalfe of this Govrnment to Supplicate their
Majesties to take the Same into their Princely Considerations

Whereas Mr Secret. Spencer deced in Aprill Gen" Court 1689, and
Severall other times Carried from James Citty, and had in his pos¬
session Severall paprs relating to the Government of this their Maj¬
esties Colony and Dominion, and it being of absolute Necessity, and
for their Majesties Imediate Service that all paprs whatsoever of that
Nature should be Registered in the Secretaries Office, and there kept,
It was Ordered in Octobr Gen11 Court 1689, that Mrs Francis Spencer
the Relict and Extr of the said Mr Secretary Spencer should deliver all

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Executive Journals, Council of Colonial Virginia

the said papers to Coll Isaac Allerton, wherein she faileing, the 17th of
Janry 1689, It was Ordrd that she should permitt Coll Richard Lee
and Coll Isaac Allerton to have the perusall of all the pap” belonging
to Mr Secretary Spencer deced, and to take into their Care all Such
as should Conceirn the Governm*, wherein she also faileing, and this
Board understanding that one Mr Scringer hath very frequently had
the perusall of Mr Secretary Spencers pap”, doe Ordr that the said
Mrs Frances Spencer, and the said Mr Scringer on Oath deliver all the
paprs belonging or anyway relating to this Govrnment, that ever came
to their, or either of their possessions to Coll Richard Lee and Coll
Isaac Allerton or either of them, as also that they on Oath declare,
whether they know, or have heard in whose Custody the said paprs or
any of them are, all or any of which if the said Spencer or Scringer
shall refuse, It is Ordrd that shee or hee soe refuseing, doe appeare at
James Citty before the R* Honoble their Majesties Lt Govr and Coun-
cill on the 5th day of the next Gen11 Court, then and there to answere
what shall be objected against her or him faileing as aforesaid, and
the said Coll Richd Lee and Coll Isaac Allerton or either of them, are
requested and appoynted to Administer the Oaths to the sd persons,
and to take into their Custody, all such papers as they or either of
them shall Deliver, and them Safely to Secure, and Cause to be brought
to James Citty the next Gen11 Court.

Upon Consideration of a Difference betweene North Carolina and
this Govrnment, about the bounds betweene the two Governments,
This Board doe humbly begg leave to pray their Majesties, that noe
Grant be made, or Confirmed to the Proprietors of North Carolina,
beyond the Latitude of thirty Six, till this their Majesties Government
be heard therein, This Government alwaies having had Liberty of
Granting Land to that Latitude, and if a Grant should now be made
or Confirmed to the aforesaid Propriet” it is presumed they would
Endeavour to Come beyond the aforesaid Latitude, which will be a
great Lessning of their Majesties Revenue of Quitrents of this Colony,
and to the great dissatisfaction and discouragement of those Inhabi¬
tants who have many yeares since obtained the Grants of those Lands,
and Lived, and Inhabited thereon.

Lionell Delawafer and John Hinson by their petition Set forth,
that being at the House of Ralph Wormeley Esq” they saw their Mony
Plate and Goods put into a boate belonging to Cap* Jn° Purvis, in
Order to it’s being Sent for England as they were Informed, and being
Indebted to Severall persons in this Colony, for Necessary Provisions
and. Cloths, dureing the time they had been detained here, and not
having wherewith to defray their passages for England, to Endeavour
the Recovery of their Mony, Plate and Goods, humbly prayed that
they might be allowed Mony to pay their said debts and passages, on
Consideration whereof, if the said Delawafer and Hinson can agree
with their Credit” soe that one hundred pounds shall Cleare their debts
and pay their passages, (officers fees & c. Excepted) that they may be
permitted to goe for England, It is Ordered that when they be on
board Shipp, and signifye to whom the Mony shall be paid, the same be
paid out of the Mony now in the possession of Ralph Wormeley Esq”
by Mr President Bacon.

Executive Journals, Council of Colonial Virginia

125

Whereas at a Councill held at Ja: Citty Aprill 28th 1690, It was
Ordrd that Edwd Ross who had beate the Drum three yeares, wch
were then Expired, should be paid for the same twenty two pds tenn
Shillings Sterl out of their Majtie3 Revenue of two shillings per hhd
and Port Dutyes, and warrants being accordingly signed, It is Or¬
dered that Mr Audit1 Byrd pay them, and the said Ross is for the future
discharged from that Service

Ralph Wormeley Esqre, Coll Cr Wormeley, and Coll Jn° Armistead
produceing to this Board an acco4 of the Mony Plate and Goods, taken
in the possession of Edward Davis, Lionell Delawafer and Jn° Hinson,
It is Ordered that it remain in the Secretaries Office, Coppies thereof
being Sent to His Excy, as by Ordr of Councill in June last they
were requested, and that according to the aforesaid Ordr, the aforesaid
Gentlemen cause the Same to be Shipt and Consigned, takeing bills
of Lading for Delivery thereof to his Excy Fra: Lord Howard Baron of
Effingham their Majesties L4 & Govr Gen11 of Virga or his assignes, he
or they paying Freight for the same, after the rate of two per Cent.,
being informed they usually have the like Freight from Cales to Lon¬
don.

An Acco4 of Contingent Charges of the Governm4 amounting to
Seven pds five shillings and Six pence Sterl, being Examined and found
Just, His Honor the L4 Govr is requested to Signe warrants for the
paym4 thereof, to Wm Edwards Clerk of the Councill, he having paid
the same to the severall persons to whom it was due.

Mr Presid4 Bacon having paid fourty shillings for the Care and
Dyet of John Holmewood, a Seaman belonging to the Deptford Ketch,
It is Ordered that the same be paid Mr President, out of the Mony
that shall arrise upon Sayle of the goods which were saved, belonging
to the Deptford Ketch aforesaid.

John Minson petitioning this Board for pay for Pilotage of their
Majesties Friggotts now here, It is the Opinion of this Board, that
the Comodore of their Majesties said Friggotts pay the said Minson
for the Same, Severall Men of Warr, who have formerly been here,
having done the like

Whereas at a Councill held at James Citty in June last, It was
Ordered, that the Respective Comandrs in Cheife, should as soone as
Conveniently they Could, return an acco4 to the Secr9 office, of the
Severall Capts of Horse and Foot, and the numbr of Soldiers under
every of their Comands, and how furnished, that His Hono the L
Govr might have an acco4 thereof, which not being performed by reason
of the Season of the yeare, It is Ordered that the Respective Com-
andrs in Cheife, returne to the Secr9 office in October Gen11 Court a
List of the Cap4 3 of Horse and Foot, and the Severall Soldiers names
under every of their Comands, and how furnished, also what Forti¬
fications, Great Gunns, small Armes, Amunition and Stores are in
their Several Districts, and how disposed of, and in what Condition
the Severall Fortifications are ,

His Honor the L4 Govr having received a Letter from Mr John
Coode, Caused the same to be read in Councill, and desired the Opin¬
ion of the Board, whether he should return an answere, and the said

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Executive Journals, Council of Colonial Virginia

Coode in his Letter Signifyeing that a Meeting of the persons appoynted
to manage the GoVnment of Maryland, was appointed to be in July,
and that His Honor should receive a full acco‘ from them of the affaires
of that Governm*, It is the Opinion of this Board that noe answere
be sent Mr Coode, till after His Honor should receive the promised
acco*

His Honor the L‘ Govr produceing to this Board a Letter from
Phillip Ludwell Esqr® Govr of North Carolina, directed to him, which
having been read, It is Ordered that the same be Registered in the
Secret3 Office.

Coll Phill Ludwell this day owned himselfe, Govr of North Caro¬
lina for the Proprietrs thereof, and Agent for the heir of the Lord Cul¬
peper to manage the Conceirn of the Northern Neck.

This Board upon the Motion of His Honor the L‘ Govr takeing
into their Considerations, that it was Requisite &] Necessary the
Inhabitants of this Colony should know who to apply themselves too,
to Survey any Land they should be desirous to take up, Doe therefore
Ordr that Coll Phillip Ludwell the Survey1 Generalls Deputy, doe re-
turne to the Secretaries Office, a List of all the Survey” appoynted by
him in this Colony, and the Limitts allotted each of them, And that for
the future he Grant noe Comission to any person, to Survey in any
precinct, in whcih there shall be another appoynted, the Same being
found Inconvenient and prejudiciall, Also that he make Diligent En¬
quiry what Survey1 8 have Contrary to Law or Ordrs of Councill Sur¬
veyed Lands in Pomunky Neck, or the Southside of the Main black-
water Swamp.

It being proposed to this Board, whether his Exoy the Govr and
the L‘ Gov” Salry shall be paid to this time, or the twenty fourth day
of June last, It is their Opinions that in Regard the Instructions says
to be paid in quarterly payments, that they be paid to the twenty
fourth day of June last.

The R‘ Honoble the L1 Govr acquainting this Board that he In¬
tended to be at Poynt Comfort and See the Fleete of Shipps now bound
for Europe Sayle, and after that Resolved to goe to Accomack and See
in what Condition the Inhabitants of the two Counties on that side
the Bay are for their Majesties Service, and that time permitting would
Vissit the Inhabitants of this Colony, adjoyning to the bounds of
North Carolina, On Consideration whereof, it is the Opinion of this
Board that it will be for their Majesties Service, and the Encourage¬
ment of the Inhabitants of this their Colony and Dominion. And it is
Ordered that if dureing His Hono” absence any thing Extraordinary
in the Govern1 shall happen, that Expresses be Sent to Mr Sec: Cole,
who is to forward the same to His Honor

Vera copia Test.

William Cole Seer.

Executive Journals, Council of Colonial Virginia

127

Att a Councill held the 16th day of Aug4 1690
Present

The R4 Honoble Francis Nicholson Esqre
their May Lieu4 Govr of Virga
William Cole Esqre Sec- Coll John Custis

Coll Jn° Lear.

The Lieu4 Govr acquainting this Board that he had received In¬
formation that one Nicho: Welsh now in this Government, with diverse
other persons all Irishmen, had formerly made their Escape from the
Island of Barbados to Martinico in a Boate, and that it was Suspected
they went to give the French some Intelligence that they might Sur¬
prize the Barbados, or the Shipps that Traded there, and the said
Welsh being Examined did acknowledge that he & one Patrick Henly
and Seven other Irishmen went in a Boate from the Barbados, but
pretended it was for that they were in debt there, and that they in¬
tended for Antegua, but could not fetch it, & soe went to Martinico, but
on noe designe of Mischeife, but this Board finding by the Information
of Joshua Broadbent and Jn° King, that the said Welsh and Henly were
both Seized at New Yorke, and Shipped on board a Vessell for the Bar¬
bados, and got on Shore at West Jersey, and that there was Letters
Sent from the Government of Barbados (for the Apprehending them)
to New Yorke and Pensilvania, Doe think fitt & Order that the said
Nicho: Welsh be Secured, till the truth of the matter be heard from the
Barbados, unless he give good Security not to depart this Country,
and to appeare whenever he shall be Sent for, and the L4 Govr is de¬
sired to acquaint the Govr of Barbados with the same, And it appeal¬
ing that Patrick Henly was in the Government of North Carolina the
L4 Govr is desired to acquaint Coll Phillip Ludwell the Govr thereof
for the Lord ProprieC8 that the said Henly was there, and to desire him
that he may be Secured there.

It being proposed to this Board what Place would be most Con¬
venient for their Ma8 Service for their Ma8 Shipp to Ryde when the
Fleete was Sayled, this Board Considering that there were Scarse any
Shipps left, but three Considerable Shipps in Yorke River, are of Opinion
that it will be most for their Ma8 Service for Cap4 Rowe with the said
Shipp to Ryde in the Bay over against the Mouth of Yorke River, and
to Examine all Shipps and Vessells that shall Come in or goe out, & to
Stopp all Shipps or Vessells that are bounde for Europe, that may all
that are bound there, goe in a Fleet according to his Ma8 Comand, And
this Board having received Information that there were some French
Shipps on the Coast of New England and New Yorke, which had Com-
ittd Great Outrages on the Land, and taken some Vessells, doe think
fitt that Cap4 Rowe be very diligent in looking out, and if it shall hap¬
pen any Shipps that he is not able to deale with should come in, he
should Imediatly Sayle with their Ma8 Shipp Dunbarton up Yorke
River under the Comand of the Fort, and Joyne with the Shipps there
for their defence

The L4 Govr acquainting this Board that he had received a Letter
from the Gentlemen that at present take on them to preserve the

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Executive Journals, Council of Colonial Virginia

Peace and Execute the Laws in their Ma8 Province of Maryland,
wherein they Informed him that one Cap1 Rich: Hill an Inhabitant in
that Province who was now on board one of the Shipps in the Fleete
goeing for England, had uttered diverse Treasonable words against
their Maj3 and had raised Forces to oppose their Ma3 Interest in the
said Province, This Board takeiftg the same into their Considerations
doe think fitt and accordingly desire the L* Govr to Send for the said
Cap* Hill, and to cause him to give Security for his tendering himselfe
as soone as he arrives in England to the R* Honoble the Earle of Shrews¬
bury their Ma3 Principall Secretary of State, or the other Principall
Secret, of State, to answere such things as shall be objected against
him on their Ma3 behalf

The L* Govv informeing this Board that one Geo: Lindsey who
was formerly a Souldier in New Yorke in their Ma3 Service, who was
lately come into this Country from thence, and had given him an ac¬
count of the Great dissatisfactions and disturbances in that place, and
he much doubted if some Speedy measures were not taken his Maj3
Interest in those parts might receive Great detriment, On Considera¬
tion whereof it is thought fitt that the L* Govr shall send the said
George Lindsey to England in one of their Ma8 Shipps, to the End he
there may give true relacon of the Condition of the Place, and that
there be some small sume of Mony laid out by his Honor the L* Govr
to furnish him with Necessaries for the Voyage, which is to be paid
out of their Ma3 Revenue here

Sep* the 18th 1690
Present

The R* Honoble the L* Govr

Nath11 Bacon Esqre William Cole Esqre Sec:

Coll John Lear

The L* Govr being informed that the three Shipps in Yorke River
will be ready to sayle by the midle of Octobr, It is thought fitt that
the Shipps that are then ready may Sayle, And his Honor the L* Govr
is desired to give Notice to the Province of Maryland, and to all the
Collector8 of this their Ma8 Dominion, that all Shipps that are ready
by that time to sayle for England by the 20th of Octobr come into Yorke
River to make up as good a Fleete as can

Att a Councill held at James Citty 8br ye 17th 1690

Present

The R* Honoble the L* Govr
Nathaniell Bacon Esqre Coll Jn° Lear

William Cole Esqre Sec. Coll X*° Wormeley

Coll John Page Coll Isaac Allerton

Coll John Armistead

It being ordered by this Board that the Shipps that were to goe for
England, should Come into Yorke River to goe in Company according

Executive Journals, Council of Colonial Virginia

129

to his Ma8 Comands there being three Shipps of good Force in that
River, and that the sd Shipps should have Liberty to sayle the 20th
day of this Instant, and accordingly the L* Govr had written to their
Ma8 Province of Maryland, and to the respective Collectors of this
Colony to Order all Shipps that should be ready by that time to come
into York River accordingly, and Cap* Wm Norrington Comandr of
the Shippe Bayly petitioning this Board that he being longer detained
in their Ma8 Service in the West Indyes then he Expected could not
possible be ready to Sayle till the last of this Month, and being a Shipp
of Countinance, and the other Shipps that are ready in the other parts
of the Country, not being as yet come into Yorke River, It is thought
fitt and Ordrd, that the said Shipps shall not depart untill the 6th day
of Novembr and the Collectors are to Cleare the Shipps accordingly.

Octobr the 21th 1690
Present

The R* Honoble the L* Gov;

Coll John Page
Coll Wm Byrd
Coll Jn° Lear

Nathaniell Bacon Esqre
Wm Cole Esqre Sec:
Ralph Wormeley Esqre
Coll Rich: Lee
Coll Jn° Custis

Coll Xto Wormeley
Coll Isaac Allerton
Coll John Armistead

The L* Govr acquainting this Board of the Returne of Coll Potter
from New Yorke and New Engld and with the account he brings, and
of the acco* his Honor had received by Severall Lett” of the Great
troubles and dangers the Inhabitants of New York and New England
had, and were in by the many depredations and Murthers Comitted
by Our Barbarous Enemies the French and Indians, and having also re¬
ceived Informacon from Mr Nehemiah Blackstone who Calls himselfe
Presid* of the Comittee for their Ma8 Province of Maryland, that there
were diverse strange Indians at the head of Potomack, and that there
were some of the Piscattaway Indians killed, and Cap* Peale and Cap*
Mason being Ordered to Range at the head of Potomack to make dis¬
covery of the same, and not findeing that there were any Indians or
tract [track] of Indians to be found they went to Piscataway Indian
Towne, and discourseing with the Emperor of the Indyans, he declared
he knew of noe strange Indyans, nor had any of his Indians [been]
killed, this Board Notwithstanding to prevent any Surprize or Attempts
that may be endeavoured to be made by Our Barbarous Enemies on
the Frontiers of this their Ma8 Dominion, It is thought fitt & Ordered
that the Comand” in Cheife of the Forces at the heads of all the Rivers,
Doe Order the Inhabitants to Continue their Dilligence in being very
watchfull that they be not Surprized by any of our Enemies, and that
they Cause the Former Ord” of this Board for the Securing the Fron¬
tiers to be Carefully pursued and as they See Occasion to Order the
Inhabitants to Range to make discovery if there be any Tracts of
Indians, and to ordr all their Officers to acquaint the Inhabitants and

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the Interpret'8 to acquaint the Indians, that if they bring any In¬
telligence of Our Indian Enemies and it prove true they shall be well
rewarded for their Intelligence, but if any person shall publish any
falce News to Allarum the Country and it shall soe appeare they shall
be punished according to Law, & Coll Lee and Coll Allerton or either
of them are desired to Open any publique Letters that shall come from
the Northward, and if they see occasion to Send them to the L* Govr

This Board takeing into Consideration that undr pretence of goeing
for New England and other their Mas Plantations with tobacco, some
Vessells have gon to England Contrary to his Ma8 Express Coman d,
It is thought fitt and Ordered that the Collectors of their Ma8 duties
doe not for the future Cleare any Shipps or Vessells other than such
as the greatest part of their Loding is provision or Lumber, but at such
times as shall be appointed for the Clearing of the Shipps that shall be
bound for England.

The L* Govr acquainting this Board that he hath received Infor¬
mation that their Ma8 are very much defrauded of their Customes in
the carrying of great quantities of tob° out of the Province of Maryland
(without paying their Ma8 duties) to New England and other the Plan¬
tations, and also to Scotland and other places in Europe without goe¬
ing to England, and that those that for the time being take upon the
Governm* there, have put in one Andrew Abbington an Ordinary
keeper and a very Inconsiderable man to be Collector of their Ma8
dutyes in Potuxent River, which is the greatest Collection in that
Province, now to the End that all Endeavours that possible can, may
be taken to prevent the defrauding their Ma8 It is Ordrd that his Honor
the L‘ Govr be desired, and he is hereby desired to Ordr Cap* Rowe
Coman der of their Ma8 Shipp Dunbarton to be very Carefull Strictly
to Examine all Shipps & Vessells that Come from their Majesties
Province of Maryland, and that he take an Exact account of all Such
Shipps and Vessells as have not Certificates of having Given bond in
England, the Masters Names and the Contents of their Lading and
whether bound, and what Collector hath taken bond and Cleared them,
& return the account to his Honor to the End he may acquaint
the Comrs of their Ma9 Customes of the same, that if there be any
Fraude, the parties may be detected

This Board having received Information that notwithstanding
the good Laws made for restraineing Planting Tobacco after the last day
of June, and against the makeing Seconds and Slipps, that soe the
makeing of Trash Tobacco (whereby their Ma8 not onely receive great
damage in their Customes, but this Country by lessning the Price of
Tobacco) may be prevented, divers of the Inhabitants of this their
Ma8 Dominion have planted after the time prescribed by Law, and
others made many Seconds and Slipps, to The End soe Great Evills
which will not onely lessen their Ma8 Customes, but be a great Mis-
cheife to this Country and the Inhabitants thereof, may be prevented,
It is by this Board Ordrd that the Justices of Peace in the Severall
Counties of this their Maj8 Dominion doe cause perticular Charge to
be Given to the Grand-juries to make Strict enquiry into the Same,
and to present to the respective County Courts all Such persons as

Executive Journals, Council of Colonial Virginia

131

shall have planted any Tobacco after the last day of June, and also
Such as have made Seconds or Slipps, and to proceed and give Judge¬
ment against all Offendrs according to Law, and it is also Ordrd that
the Justices cause this Ordr to be read in all their respective County
Courts, and the Churches in theire Countyes, and cause an account to
be Sent of their Proceedings into the Secrs office by the third day of the
next Gen11 Court. And it is also Ordered that Mr Secretary Cause
Proclamations to be prepared for his Honor the L* Govra Signeing, re¬
quiring all the Laws to be put in Execution.

Octobr the 23 d 1690
Present as before

The L* Govr acquainting this Board that he hath been Informed
that Phill Ludwell Esqre hath Caused diverse papra to be published
and Recorded in the Severall County Courts of the Northern Neck
between Rappa and Potomack, some of them Impowering persons to
Execute strange unheard of offices under him, as he pretendeth to be
Attorney or Agent of the heires of the late Lord Culpeper which pro¬
ceedings of the said Phillip Ludwell Esqre or those Acting under him
may give Great disturbance to the Inhabitants of the said Neck, and
by that meanes hazard the Peace of this their Mas Dominion. This
Board takeing the whole matter into their Considerations, and that the
said Ludwell never produced any Authority or Power he had from the
heires of the Lord Culpeper to this Government, or any directions or
ordra he had from England, nor ever acquainted the L* Governr or
Councill with any his Intentions or desired any Leave from the Gov-
ernm‘ to publish any papers whatsoever, Doe think fitt and Ordr that
None of their Ma8 Officra Justices of Peace Sheriffs or any other Officra
doe Intermedle to Execute any ordra Precepts, or any other papra that
shall Come from the said Phillip Ludwell Esqre or any person or per¬
sons authorized by him, nor any waies Intermedle with any Matters
relating to the heires of the Lord Culpeper without Ordra & directions
from the Government for soe doeing.

This Board having desired the L* Govr and Ordrd Mr Secretary
Cole to acquaint the R4 Honoble the Lords Comittee for Plantations,
the R* Honoble the Earle of Shrewsbury their Ma8 Principall Secret,
of State & his Exoy the Lord Effingham & c that they understood
Phillip Ludwell Esqre was appointed by the heires of the late Lord Cul¬
peper their Agent to manage the Interest of the said heires & c in the
Northern Neck betweene Rapp a and Potomack in this their Ma8 Do¬
minion, and to represent the Great dissatisfaction the Inhabitants of
the said Neck were in by reason of the said Grant, humbly desireing
their Lords ppa to acquaint his Sacred Matie of the whole Matter, and
humbly Implore his Matie to take the same into his Princely Consider¬
ation, and to take Such measures for the releife and Satisfaction of
his poore Subjects here as his Gracious Matie should think fitt, And
this Board since understanding that the said Phillip Ludwell Esqra
altho he never produced to this Government any power or Authority to
him made by the heires or others Claimeing under the Lord Culpeper,

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or ever desire any Leave or Lycence from the Government to publish
any papers or to make use of their Mas Officrs or soe much as acquainted
the L* Govr that he designed to Erect any Offices in the said Neck, Yet
are informed that the said Ludwell hath made many Officra and Erected
Offices and published the same in Severall County Courts, one of which
Officers he Calls Ranger Generali who he Impowers to make Deputyes
with diverse unusuall powers to take up Horses Cattle & c which should
it be put in Execution would soe disturb the Inhabitants, and Indeede
take from them their Horses Cattle & c that it would hazard the Peace
of this their Ma8 Country; And as this Board is informed they take
on them to dispose of Lands quietly enjoyed by persons, under pretence
that the same are Escheated to the Lord Culpeper altho the same were
never found soe to doe by their Ma8 Escheator or any other Office, nor
is there any Court Baron of the heires of the Lord Culpeper Erected,
whereby it can be found to Escheate to them, soe as if these Methods
should be taken what Lands they please may be granted as Escheate,
and great troubles and Law Suites ensue to the Ruine of the poore
Inhabitants which this Board apprehends may breede great dissatis¬
factions, and therefore doe humbly desire the R‘ Honoble the L* Govr
and Ordr Mr Secretary humbly to Acquaint the Rfc Honoble the Lords
Comittee for Plantations the R* Honoble the Earle of Shrewsbury their
Ma8 Principal Secretary of State and his Exoy the Lord Effingham
their Ma8 Ll and Govr Gen11 & c of the same, and to transmitt coppies
of the power given by Coll Ludwell, to their Lordshipps, and humbly
beseech their Lords pps most humbly to implore his most Sacred Mati9
to take the matter into his Gracious Consideration and to take Such
Measures for the releife of the Indhabitants from there Great Oppres¬
sions that they Justly feare may happen to them, as his Matie in his
Princely Clemency and Wisdome shall think Fitt.

The L‘ Govr acquainting this Board that he had been at all the
heads of the Rivers, at the Eastern Shore, and all the Counties in this
their Ma8 Dominion, and had Seene almost all the Militia in Armes,
and had Lists returned him according to his ordr of the Militia of the
Country, and found that all of the Soldiers were much Wanting of
Swords and Amunition in case they should be Attack’t by an Enemy;
and alsoe that in the places appointed for Forts, there were in some of
them noe Gunns att all mounted, onely at James Citty, Yorke, Nansi-
mond and Rapp3 there were some Platformes made and great Guns
mounted by the Ordr of his Exoy the Lord Effingham, but that his
Honor thought those Platformes without a great deale more Mony
laide out upon them were not at all defensible, and that he found there
were noe Bulletts nor Gunrs Stores at all belonging to them, without
which they were altogether useless, all which this Board knowing to
be true and that the Revenue of Port Duties will not put the said
Forts into repair and furnish them with all Necessaries for defence, if
they had beene, or were all Imployed to that purpose but the greatest
part of them have been, and are by ordr imployed in defraying of the
Charge of the Government, and accounted for by the Auditr in the
Publiq accounts of their Ma8 Revenue yrely. And as to the Militia
the Coman dr 8 in Cheife thereof by ordr of his Exoy the Lord Effingham,

Executive Journals, Council of Colonial Virginia

133

& Since, have used all their Endeavours to have the Soldiers armed
pursuant to An Act of Assembly made at James Citty in A° 1684,
which Inflicts fines on those that did not furnish themselves with Armes
and a Certaine quantity of Amunition, but that many of the Foot Sol¬
diers were soe Indigent by reason of the Low price of their onely Co-
modity Tob° and now these times the same lyeing by some of them
unsold for want of Shipps to Carry it away, that it was impossible for
the Foot Sold1'3 all Compleately to furnish themselves with Swords and
.Amunition by reason of their Indigency and those that were able could
not have it for pay, it not being in the Country, And it appearing to
this Board that the offic13 of the Militia have all along pressed the Sol¬
diers to Equipe themselves according to Law, but for the reasons afore¬
said could not accomplish it, and being Sensible that had not his Matie
out of his Benigne Grace & favour to his Subjects in this their Mas
Dominion been Graciously pleased to Send in the one hundred barrells
of powder, and the Shott that was Sent for, and paid out of their Ma'
Revenue; this their Ma8 Country had been in a most Naked and de-
denceless Condicon, & a prey to any Enemy that would have Attempted
it either by Land or Water, And Considring the State and Indigency
of the Country, & that wee know not but that their Ma3 and our bar¬
barous Enemies may make some Attempts against this [his] Ma3 Coun¬
try7, as they have upon Our Neighbouring Plantations (which wee would
heartily Wish & pray were well Setled with Govrs appointed by their
Sacred Ma3 which would be a great Strengthning as well to us as them,
This Board doe request and desire the R‘ Honoble the L1 Govr most
humbly to prsent the State of ye Country to the R* Honoble the Lords
Comittee for Plantations the R* Honoble the Earle of Shrewsbury their
Ma3 Principall Sec: of State & his Excy Fra: Lord Howard & c and
humbly pray them to beseech his Mat,e to take the same into his most
Gracious Consideration, and to Ordr such measures to be taken con-
ceirning the Forts, and Furnishing them with all Gunrs Stores, and to
give Such ordrs and Comands conceirning the same as his Matie in his
Great Wisdome shall thing [think[ most fitt for the Security of this
their Ma3 Country and the Shipps Trading hither, and also humbly
to Implore his Sacred MaUe that he would be graciously pleased to
Ordr some Armes, Swords, Biggonetts [Baggonetts, Bayonets] & Am¬
unition to be Sent into this Colony that those persons that are really
Indigent may upon all Occasions be furnished, that they may all Joyne
in the defence of this their Ma3 Country and the Inhabitants thereof,
and to Assure their Ma3 from us their Ma3 Councill here, that wee
will, as we have, use the utmost of Our Endeavours to Secure this
their Ma3 Country against all their Ma3 and Our Enemies and to keepe
the Same in Peace

This Board takeing into Consideration the Revenue that is Setled
for the Support of this their Ma3 Government, that the whole depends
upon the Duty of two shillings per hhd upon the Tobacco Exported
out of this Country, and the Port Duties of Shipps and Vessells Trade-
ing here, and Considering that there is at least four thousand hhds of
Sweetcented Tobacco, and as much Arronoko Tob° of the last yeares
Groweth now remaining in this Country, besides a pretty good Cropp

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of both Sorts made this yre, and if Shipps Come not from England to
Carry the same away, great part of the Tob° will be worth noething,
soe as their Ma8 Revenue in England will receive Great Detriment, &
the onely Revenue for their Ma3 for the Support of this Government
Cease, And without a yearely Supply of Cloths and Necessaries from
England this Country can noe way Subsist, This Board takeing the
same into Serious Consideration doe humbly desire His Honor the L*
Govr humbly to reprsent the Same to the R* Honoble the Lords Com-
ittee for Plantations, the R* Honoble the Earle of Shrewsbury their
Ma8 Principall Secretary of State, and his Excy the Govr & c. and to
pray them humbly to beseech his Matie to take the same into his most
Princely Consideration, and to take Such Measures as in his Great
Prudence and Goodness his Matie shall think fitt.

It is Ordrd that the Comand” in Cheife of the Militia of this their
Ma8 Dominion, Doe Cause the Acts for Settlement of the Militia and
for Providing of Armes to be twice a yre read at the head of every
Troope & Company and use their utmost endeavours to put the same
in Execution against all Such as are of ability to Comply with the per¬
formance of the same, and that all fines of Delinquents be Imployed for
the buying of Drums, Armes and Amunition and that the Comandrs
in Cheife with the advice of the Justices of Peace and Militia Officrs in
their respective precincts shall dispose of the said fines, and that the
Officrs at the heads of their Companies acquaint the Soldiers that all
fines shall be Imployed as before is Expressed.

Octobr 24th 1690

Present as before

The L* Govr acquainting this Board, that before the Fleete went
out, his Honor enquired of Cap1 Symon Rowe Comandr of their Ma9
Shipp Dunbarton, whether the sd Shipp was in a Condition to Ryde
in the Bay, and doe Such other Service as the Governm* should appoynt
for their Ma3 service, and Cap* Rowe informed him shee was in a very
good Condition, onely he wanted Gun” Stores for the said Shipp, a par¬
ticular of which he gave his Honor, and he was furnished with the Same
out of their Ma8 Shipps then here, & Cap* Rowe being Ordrd by the
L* Govr and Council! to Ryde with the sd Shipp in the Bay near the
Mouth of Yorke River, then & there to Examine all Shipps and Vessells,
but in a Short time Cap* Rowe wrott a Letter to y e L* Govr much Com-
plaineing of the Insufficiency of their Ma8 Shipp to Ryde out, And his
Honor proposeing to this Board what was most for their Ma8 Service
to be done in this Matter, It is their Opinion, And this Board doth ordr
and appoint the said Cap* Symon Rowe together with Cap* Wm Nor-
rington Cap* Dan11 Bradly & Cap* Mathew Trim Comand” of three
Shipps now Rydeing in York River, with the Cheife Mates Gun”
and Carpinters of the said Severall Shipps to make a diligent Survey
of their Ma8 Shipp Dunbarton and of all her Guns Tackle Apparrell
& furniture and also of her Stores, and what men belong to her, and the
said persons or the Major part of them are to return undr their hands
in what Condition the said Shipps [ship is] and whether shee be in a

Executive Journals, Council of Colonial Virginia

1 35

Condition to performe their Ma" Service here, or what is wanting to
make her fitt, also a true acco4 of all the aforesd Matter to the R4
Honoble the L4 Govr with all Speede, that the same if Occasion be
may be represented by His Honor to his Matic and the L4 Govr is de¬
sired to write to Cap4 Rowe to Come forthwith with their Ma8 Shipp
Dunbarton into Yorke River, that this Ordr may be performed.

The L4 Govr proposeing to this Board what Station will be most
Convenient for their Mas Shipp Dunbarton to keepe, after the Shipps
out of Yorke River be Sayled, It is the Opinion of this Board, that
if shee be in a Condicon for Service, or as soone as shee is fitted, It
will be most for their Ma8 Service for the sd Cap4 Rowe in the said
Shipp to keepe Cruseing in the Bay, and Sometimes towards Maryland
as the weather will permitt, and if fowle weather happen to goe into
the next River and soe into the Bay again in faire weather, that soe he
may Examine all Shipps and Vessells comeing in and goeing out.

The L4 Govr proposeing to this Board that there is three or four
Shipps in the Country that will not be ready to sayle to England with
the Shipps now goeing at what time the Shipps be permitted to goe,
This Board Considering that altho Notice hath been Given to their
Ma8 Province of Maryland of the time these Shipps were to Sayle and
that what Shipps were ready might be sent to make up the best Fleete
that Could be, but noe Shipps or Vessells being Come from thence and
noe answere being Sent hither to the Said Letter, soe as it will be Im¬
possible to make up any Number of Shipps to goe in Company, This
Board Doth think fitt that the said Shipps that are now in the Country
may be permitted to Sayle as they are ready, if noe other Comands
come from his Ma4ie in the Interim, and the Shipps now ready to Sayle
not being Sufficient to make a Fleete, His Honor the L4 Govr is desired
to Ordr them to be Assistant One to another if Neede shall require, and
to give them noe other Ordrs

This Board having received information that Severall persons have
purchased and taken Leave of the Chickohominy Indians of the Land
appointed them to live on in Pamunky Neck by Ordr of Assembly in
A° 1660 Contrary to the true Intent and meaneing of the said Ordr of
Assembly and have, and are building thereon, which unless a timely
Stoppe be put thereto, may in a Short time prove of Dangerous Con¬
sequence to the Peace and quiet of this Country, And it being Con¬
trary to Law that the said Chichominy Indians (or any others) should
Sell Leave or Exchange their Lands, all the said Leases, .Sales and Ex¬
changes made by the said Indians with any person whatsoever are
hereby declared void, and to deter any person or persons who have
built on the sd Land or any part thereof, It is Ordrd that they forth¬
with remove their Stocks & what Else they have on the said Land, and
Cause all the Houses built within three yeares or now a building to be
burnt by the last day of Janry next, which if any person shall faile to
performe, It is Ordrd that the Sherriffe of New Kent County Caused
[cause] the said Houses to be Imediatly burnt after Such failure, and
that the person faileing pay the Charge thereof, And it is Ordrd that
this Order be published at the next Court to be held for New Kent
County, and in the Respective Churches of the said County.

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Cap* Mathew Page with others his Neighbours having according
to an Ordr of Councill dated July 26th 1690 Examined what quantity
of Land George Pargitor had bought of the Pamunky Indians in Pa-
munky Neck, and what Houses he had built thereon, and makeing re¬
port that the said Pargitor held about twelve hundred acres of Land,
which he purchased of the Pamunky Indyans (as it is said) and that
he had built a forty foot tob° house on the Same, and kept two hands
there, all which being Contrary to Law it is Ordrd that the said Par¬
gitor forthwith Cause the said House to be burnt, and his purchase is
hereby declared void, and it is further Ordered that the Sherriffe of
New Kent County Serve the said Pargitor with this Ordr, and that the
Court of the said County of New Kent doe make Enquiry what per¬
sons are Seated on any Land in their County Contrary to Act of As¬
sembly or Order of this Board, how long they have been Seated on
the Same, and the Number of Tithables in every of their Familyes,
and return a report of their Proceedings to Mr Secretaries Office.

This Board being made acquainted that diverse persons Contrary
to Law have obtained Pattents for Land on the Southside of the Main
black Water Swamp (the bounds betweene the English and Indians)
by Subtile and Crafty Contrivances and devices used with some Sur¬
vey”, and that others have taken Leases of the Indians for Severall
Quantities of Land, and are dayly building, & Seating the Same, all
which being Contrary to Act of Assembly, and tending to the Endan¬
gering the Peace and quiet of this their Mas Country, and the lives of
those persons who soe unadvisedly Run themselves into Great Danger
by Seating at Great distance one from another, and are thereby at the
Mercy of the Indians, a people of noe Faith nor Creditt, who at their
Pleasure may Cutt of a Family, and pretend it to be done by Strange
Indians, which may mightily Allarum the Inhabitants of this Coun¬
try, and put them to great Charge in Endeavouring to finde out the
Murderers who parhapps at the same time may be with them in serch
unsuspected, and Expect to be paid for their Service. Now to the End
that all due Care may be had of the lives of their Mas Subjects, and
the Peace and Quiett of this their Ma8 Country and that the Indians
may not have Just reason to Complaine of being Cheated of their
Lands Contrary to the Articles of Peace Agreed & Concluded with
them, All the Pattents for Lands, Surveys, or Leases taken of the In¬
dians for Lands on the Southside the Main black Water Swamp, are
hereby declared Void to all Intents and purposes whatsoever as if
Such Pattent had never been obtained, Survey made, or Lease taken
And it is Orded that none of the Inhabitants of this Colony, or Others
their Majesties Subjects comeing hither doe presume to goe over the
Main black Water Swamp to live, And to the End that those already
there may not Continue, but endeavour to provide themselves with
places to live in within the bounds ascertained to the English, It is
also Ordrd that they Neither build any house, nor repair nor Finish
those already built or a building, and that they Continue noe longer
there, then they shall be permitted by further Ordr of this Board, or
the next Gen11 Assembly, And to the End this Order may not faile
of being performed, all their Ma 8 Justices of the Peace, Sherriffs & other

Executive Journals, Council of Colonial Virginia

137

Officers, in the Counties of Charles Citty, Surry, Isle of wight and Nan-
simond are hereby Charged and required to take Especiall Care that
noe person whatsoever Act or doe anything Contrary to the true Intent
& meaneing hereof, or of any part of this Ordr. And that this Order may
be publiquely known that soe noe person may presume to Act Con¬
trary thereto It is Ordrd that a Coppy hereof be sent to each of the
Courts of the aforesaid Counties, who are to cause the same to be pub¬
lished at their next Courts as also at the Severall parish Churches in
ye said Counties, And it is further Ordrd that the aforesaid Courts
doe make Enquiry what persons are Seated on any Land adjoyneing
to their Respective Counties Contrary to Act of Assembly or ordr of
this Board, how long they have been Seated on the Same, and the
Number of tithables in every of their Families, and return a report of
their Proceedings to Mr Secretaries Office

The R‘ Honoble the L4 Govr proposeing how the Quitrents should
be disposed of, It is resolved that it is the best way to sell them for
good bills of Exchange, and Six Shillings per Cent for Sweetsented,
and four shillings per Cent for Arronoko, being thought a Moderate
price, It is Ordrd that the same be Sold at those prices

Whereas at a Councill held at James Citty July 26th 1690 It was
Ordrd that if Lionell Delawafer and John Hinson Could agree with
their Credit1®, soe that one hundred pds would Cleare their debts and
pay their passages for England (officers fees & c Excepted) they should
be permitted to goe, and that When they were on board Shipp and
Signified to whom the same should be paid, that Mr Presid4 Bacon
should pay the Same out of the Mony left in the possession of Ralph
Wormeley Esqre, and the said Delawafer & Hinson being gone, It is
Ordrd that the said Ralph Wormeley Esqre deliver one hundred pds
of the said Mony to the sd Nath11 Bacon Esqre, that he may make pay¬
ment thereof, to the Severall persons to whom it is Ordered

Coll Cuthbert Potter who was Sent for New Yorke New England
& c by Ordr of Councill, for which he was to have Sixty pds Sterl paid
him out of their Ma® Revenue as by the said Order appeares, having
performed the same, It is Ordered that Mr Presid4 Bacon be paid forty
pds Sterl part thereof he having advanc’t soe much for the said Potter
in Ordr to his performeing what was enjoyned him and that the said
Potter be paid the other twenty pds Sterl, out of their Ma® Revenue
The L4 Govr acquainting this Board that Coll Potter who was
Sent to New England and New Yorke by Ordr of Councill for their
Ma® Service, that this Government might understand the true State
of the Condition of those Countryes in these dangerous times, having
heard of the Great Spoyles & depredacons Comitted by our bloody
Enemies the French and Indians, that soe this Government might be
the better able to take measures for the Security of this their Ma®
Country according to their Duties, and Coll Potter now attending
this Board with a full acco4 of all the passages of his Journey, by which
it appeares that a little before he came from Boston, some men who
pretended to be Officr® belonging to the Govrnm4 there, Seized upon
his Port Mantua & Carried the same before Mr Symon Broadstreete
& others who Called themselves the Govr & Councill there, who not-

138

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withstanding the said Potter produced a pass from the L* Govr Sig¬
nifying that he was Sent for their Mas Service, Caused the said Potters
Port Mantua to be broake Open, and tooke and broake up all the Lett'*
directed to the L‘ Govr and kept and detained some of them, Which
Proceedings this Board Cannot but Resent as a Great affront put upon
this their Maj 8 Government, of which they think fitt a Letter be wrott
to New Engld directed to those that for the time being take Care to
Preserve the Peace and Execute the Laws in their Mas Colony of the
Mathasutes Bay in New England to know the Reasons of Such un-
presidentiall proceedings.

The L* Govr acquainting this Board that he had received Certain
Informacon from New England and New Yorke that divers Shipps
and Vessells Traded from thence to severall parts of Europe, and
brought European Goods directly from Spain, Scotland and other
Places, Contrary to Act of Parliament and there being noe Collector
appointed by the Comrs of their Ma8 Customes either at New England
or New York, whereby it can be Certified to this Government, whether
European Goods brought from thence, Were bona fide Imported from
England, but on the Contrary thereof, may be really Suspected, It is
by this Board Ordrd that Notice be Given to New England and New
Yorke, that noe Certificate will be allowed in this Government for any
European Goods without produceing the Originall Cocquetts out of
England according to Act of Parliament, untill ofific18 be Setled in those
parts out of England, but this not to Extend to any Goods of the
Groweth of those places, or of any their Ma8 American Plantacons or
Wines of the Groweth of the Westerne Islands

Octobr ye 28th 1690
Present

The R‘ Honob]e the L* Govr
Wm Cole Esqre Sec. Coll William Byrd

Ralph Wormeley Esqre Coll Jn° Lear

Coll John Armistead

This Board not having reced Orders from England for the Calling
of an Assembly but being in daily Expectation of heareing from thence,
Doe refer the Consideration thereof to the next Meeting of the Coun-
cill, there being at present noe urgent Occasion here requiring the Call¬
ing one

Cop Vera

Test William Cole Seer

Att a Councill held at Middle plantation Decembr 9th 1690

Present

The R* Honoble Francis Nicholson Esqre
their Ma8 Lieu1 Govr

William Cole Esqr Secry
Coll John Page

Nath11 Bacon Esqre

Executive Journals, Cowicil of Colonial Virginia

139

His Honor the Lieu* Govr acquainting this Board, that he had
received an account by Letters from New England that the French at
Caniday had beate the Forces sent against them from New England
and forced them to return, and the same being Confirmed by a Master
of a New England Vessell now present, It is thought fitt and accord¬
ingly Ordered that the Councill meete at James Citty the 12th day of
Janry next to Consult and advise the best and most securest way to
preserve this their Ma8 Colony and Dominion of Virga and the Inhabi¬
tants thereof from any Attempts that may be made either by the
French (or Indians) which in all likelyhood they will indeavour being
couraged by their success against the New England Men, And his
Honor the Lieu* Govr is desired to write to all the Gent n of the Councill
who are not now present, not to faile meeting at the time aforesaid, it
being for their Mas Especial Service, and the preservation of this their
Ma3 Dominion, but on Considracon of the Great distance betweene
James Citty and Potomack, His Honor is desired to write to Coll Aller-
ton not to come to the Councill, it being for their Ma8 Service one of
the Coman dr 8 in Cheife of their Mas Forces in Potomack should re¬
main there to take care for the safety and security of that part of this
Colony in these times of danger, but that his Opinion of the best way
for preservation of this their Ma8 Dominion may not be wanting, his
Honor is also requested to desire the same also his Opinion whether it
be for their Ma8 Service to call an Assembly or not, and the time when.

This Board takeing into Consideration that it may prove of Dan¬
gerous Consequence to the Peace and quiett of this their Ma8 Domin¬
ion, if many Irishmen should be sent into this Colony and disposed
of in one River, Doe therefore Order that the Collect1-8 of this their
Mas Colony doe not give permitt for above twenty Irishmen to be
sold in one River, till after further direction from the Councill at their
next Meeting, And it is also Ordered that they doe not permitt any
powder or Shott to be exported out of this Colony, Except by Such
persons who bring the same in and Carry it out for their Necessary
defence and that upon the arrivall of every Shipp they inquire what
powder and Shott is brought in, and for wrhom, and Order that the
same be not disposed of till further Order.

This Board takeing into Consideration that it is for their Ma*
Servipe, and the Preservation of the Peace of this their Ma8 Dominion,
that this Government be acquainted with what News shall be brought
from England into this their Ma8 Colony of Virga or their Ma8 Prov¬
ince of Maryland dureing these times of great danger, Doe therefore
request His Honor the Lieu* Govr to Order Cap* Symon Rowe Co-
mander of their Ma8 Shipp Dunbarton to be very vigilent and dilligent
in Speakeing with all Shipps that shall be seene in the Bay, And if a
Shipp from London bound to Maryland shall arrive before one from
London to this Colony, that he cause the said Shipp to be brought into
the nearest Harbour to the place where he shall meete with her, and
there to remaine till the Master waits on his Honor and give him an
account of the English news.

This Board takeing into their Consideration, that Since they un¬
derstand by Lett*8 from Severall persons in New England to his Honor

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the Lieu1 Govr as also a Master of a New England Vessel now present
that the French at Caniday have forced the New England Forces sent
against them to return, It is very likely the French either by themselves
or Confederate Indians will indeavour to disturb kill and distroy the
Inhabitants of this their Mas Dominion, and this Board also Consid¬
ering the small quantity of powder and Shott in this Colony, and that
there is noe likelyhood at present to receive a Supply, and to the End,
that, now in the Country, may not be Imbezelled nor Sold to the In¬
dians, Doe Order that the Sheriffs of Henrico, Charles Citty, James
Citty, Surry, Isle of wight, Nansimond, New Kent, Rapp® and Staf¬
ford Counties do each in his County make diligent inquiry what Powder
Shott and Armes is [in] the possession of any Indian Traders, Mer¬
chants or others in the said County on the oaths of the persons sup¬
posed to have any, and safely to secure the same till further Order
therein, and return an account of their proceedings to Mr Secretaries
Office forthwith.

Att a Councill held at James Citty
Janry 15th 1690 [1690-91]

Present

The R* Honoble Francis Nicholson Esqr L* Govr
Nathaniell Bacon Esqre Coll Richd Lee

William Cole Esqre Secry Coll John Page

The Lieu* Govr acquainting this Board that by Severall Lettrs
from Gentlemen in New England, and by the Examinacons of Severall
Masters of Vessells comeing from thence, and some persons that were
actually in the Expedition made by the New England Men to Caniday,
His Honor understood that the Shipps and Force Sent thither were re¬
turned having not taken the Place or done any damage there, some of
the Shipps and Vessells wanting and Many of the Men Dead in the
Voyage. This Board takeing the same into their Serious Considera¬
tions and that the Forces that were raysed from Connecticutt and
New Yorke to goe against Caniday had likewise returned without
doing anything of Moment on Our Enemies the French or Indians and
having taken the Examinacon and depositions of severall persons that
came from New England, some of which were at Caniday, and having
also an account that it was much feared the French and Indians would
make an Attempt upon Fort Albany in their Ma8 Province of New
Yorke, and that by the distractions amongst them there, they not be¬
ing in a Condition to Assist the Severall Nations of Indians who have
been all along at Peace with them, and Indeeds are one of the Great
Bulwarks betweene their Majesties subjects in New Yorke and in these
parts, and the French, to whom (by reason of the distractions at New
Yorke) this Government cannot Send to Encourage their opposeing
the French and Indian Enemies, and Continueing the Peace with us
made by His Excy Francis Lord Howard of Effingham their Ma8 L*
and Govr Gen11 of Virga, the said Nations may be perswaded or in-
forced to Joyne with the French and their Indians, which would prove

Executive Journals, Council of Colonial Virginia

141

of very fatall Consequence to the Peace and Security of this their Ma8
Dominion, and Indeede all these parts of America, And takeing into
Consideration that all the Neighbouring Colonies of New England
New Yorke and Maryland are in Confusion and have noe Govrs ap¬
pointed by their Sacred Mas nor can this Government procure from
them a Just or true account how affaires stand with them, nor what
Methods they Intend to take to Secure their Ma8 Country against the
Enemies, that soe wee might be the better Capable to take Measures
to Secure this Country, And having alsoe been informed that the In¬
habitants of Pensilvania have given out that if the French or Indians
come against them they would goe out and Meet them without Armes,
and acquaint them they had no quarrell with them, nor would not
fight which if any Such thing should happen would be of dangerous
Consequence, for that thereby they may be furnished with provisions
and a place of Retreate after Mischeif done, It is therefore Ordered
that true Copies of the Examinations and depositions here taken Con¬
cerning the State of New England New Yorke, Pensilvania, and the
Caniday Expedition be Sent to the R‘ Honoble the Lords Comittee for
Plantations, the R* HonobIe their Ma8 Principall Secretary of State,
and His Excy the Lord Effingham their Ma8 Lieu‘& GovrGennof this
Country, and doe most humbly beseech their Lordshipps to move his
most Sacred Maty with the same, and wee are in great hopes and Ex¬
pectation that his Maty out of his Grace and favour to the Inhabitants
of those our Neighbouring Countrys that they may have a Settlement
and be under some Security will settle Govrs there as in his Princely
Wisdome he shall think fitt, which will be a Great Satisfaction and
Security to their Ma8 Subjects here, that soe all the GoVnm*8 may
Joyne together to Secure these their Ma8 Countryes against their Ma5
and our Enemyes.

And we humbly propose that when his Maty shall be pleased to
settle Govre in Our Neighbouring Plantations it will very much con¬
duce to their Ma8 Service that a Post or Posts be Setled to goe from
one Government to another, that soe wee may have a Continuall and
Speedy Correspondence of anything that may happen for their Ma8
Service, which may be done with far less Expence of time & Money,
then by any other Method whatsoever.

And Now takeing into Serious Consideration the Great dangers
and hazards this their Ma8 Country and the Inhabitants thereof are
lyeable to in case any Attempt should be made on them by their Ene¬
mies, there being noe manner of Fortifications or standing force at the
heads of any of Our Great Rivers so much as to give Notice of the ap¬
proach of any Enemies that may Attack Our Frontiers soe as the In¬
habitants on the heads of the Rivers may be Surprized before they
have any Notice to defend themselves, and by reason of the Extremity
of the Weather most of their Ma8 Councill (some of them being sick)
are inevitably hindred from attendance at this Board where they had
Notice to be that soe a full resolve might be made about the Calling
of an Assembly to take such Ordr8 as shall be thought most fitt for
rayseing of Soldiers to secure this their Ma8 Country, and Ordering
pay for them, their Ma8 revenue in this Country not being Sufficient

142

Executive. Journals, Council of Colonial Virginia

to defray the other Charges of the Government, but Considering that
by reason of the unseasonableness of the time of yeare, It is not pos¬
sible for an Assembly now to meete, nor Indeede to have provisions
for them till Aprill,

This Board according to their Duty to their Mas for the Security
and preservation of this Country and the Inhabitants thereof untill
an Assembly may be Convened doe think fitt and Ordr that the Co-
mandrs in Cheif of the Forces at the heads of the four Great Rivers do
appoint Eleven Soldiers who under the Comand of a Lieu4 to be Comis-
sionated by the R4 Honoble their Ma8 Lieu4 Govr are to Range from
River to River once a Weeke, or oftener if occasion shall require in the
same manner as hath been formely used, and that they Continue soe
to do unless other Methods shall be taken therein either by an Assem¬
bly or further Ordr of this Board, which said Lieu4 and Soldiers shall
be paid at the rates set down in an Act of Assembly made at James
Citty A° 1684 Entituled An Act for the better defence of the Country,
and that Powder and Bulletts be allowed to the persons appointed to
Range, out of the Powder and Bulletts Sent by their Ma8

An it is further Ordrd that upon the least notice of the approach
of any Forreign Indians, or French they Imediatly send to the next
Militia Officer, who is forthwith to rayse the Militia under his Comand,
and to give Notice to the other Officrs of that County who are all to
rayse the Soldiers under them to resist or repell any of Our said Ene¬
mies, and the said Offic4 or Officers are to give Speedy Notice to the
Comander in Cheif of that County and to follow such Ordr8 and Co-
mands as they shall receive from him, and in case there be occasion
for any Assistance the Comandr in Cheif is to rayse soe many of the
Militia of the Adjacent Counties as he shall think fitt and cause them
to march to the assistance where Occasion shall be, and the said Co¬
mander in Cheif of the said Counties forthwith to give an account
of the same to the Govr or Command4 in Cheif of the Country for the
time being, and observe such Ordrs and Coman ds as he shall receive
from him, And to the End that upon Notice of an Enemy the Coun¬
try may not be unprovided of Men to Joyne with the Rangers by
this Ordr appointed to be raised, It is Ord4d that the Comand48 in
Cheif of the Frontier Counties doe forthwith appoint Such a Number
of the Soldiers in the Severall Counties under their Comand as they
shall think fitt, and give them Order to be at all times in readiness
to Joyn with the said Rangers when occasion shall require, and the
said Comand48 in Cheif are also Impowered and Ordered to appoint
two of the Neighbouring Indians at all times to goe with the Rangers,
and that by the 15th day of Febry next the Rangers begin to Range,
and that the L48 have the same Comissions and Instructions as was
given by His Excy the Lord Howard & c

This Board having most humbly represented the Matter of the
Claime and pretence of the heires of the late Lord Culpeper about the
Northern Neck betweene the Rivers of Potomack & Rappahanock
with the Great dissatisfaction of the Inhabitants by reason of the said
Grant most humbly Imploreing his Most Sacred Ma4y to take the same
into his Gracious Consideration, And that they may not fade of their

Executive Journals, Council of Colonial Virginia

143

Duty in humbly representing what shall Come to their knowledge
which they Conceive may be for their Ma8 Service, humbly take leave
to represent, that by a Pattent bearing date the 8th day of May 1669
His late Maty King Charles the Second did Grant all that Neck of
Land betweene the said two Rivers to Henry Earle of S* Albans, John
Lord Berkeley and others, with this proviso therein Contained, that
for soe much of the Land therein Granted as within the time and
Space of Twenty one yeares from the date of the Pattent should not
be possessed, Inhabited or Planted at or by the Meanes or procurem*
of the said Earle of S‘ Albans & c. the Grant thereof should cease and
be void, and that his Maty his heires and success18 might dispose thereof
to any other person or persons whatsoever, And his said late Maty
King Charles the Second by his Royall Charter bearing date the 10th
day of Octobr 1676 was Graciously pleased amongst other things to
Grant to their Ma8 Subjects of this their Dominion of Virginia that
there should be Granted or Assigned out of the Lands (not already
appropriated) to every person comeing to dwell in Virga fifty acres of
Land as hath been used and allowed since the first planting thereof
to be held of their Ma8 as of their Manner of East Greenwich, upon
Comparing of which wee humbly Conceive that soe much of the said
Land within the aforesd Neck as was not Seated within the one and
twenty yrs according to the said Grant made in 1669 by the said Gra¬
cious Charter dated in 1676 is to be given and Granted unto Such per¬
sons as shall come into this their Ma8 Country, and they understand
that the late Lord Culpeper haveing procured the R‘ of the sd Earle of
S* Albans & c to the sd Grant in 1669 His Lords'5 procured a Pattent
from the late King James dated the 27th 7br 1688 therein reciting the
Grant made to the Earle of S‘ Albans & c and the Lord Culpeprs hav¬
ing the right thereof, and therein the sd Provisoe about seating the
sd Land in the Neck is discharged, and the Lord Culpeper to hold the
Land as well what was unseated as what was Seated, and there being
many thousand Acres of Land unseated in the said Neck at this time
which many Planters are willing and ready to take up and Seate ac¬
cording to the Condition in the Charter, and to pay their Ma8 Quit-
rents for the same, which will be a Considerable addition to their Ma8
Revenue.

This Board do most humbly beseech the R‘ Honoble the Lords
Comittee for Plantations, the R1 Honoble their Ma8 Principall Sec¬
retary of State and His Exey the Lord Effingham their Ma8 L* and
Govr Gen11 of this Country to acquaint his Sacred Maty with the whole
natter, as also what hath been before humbly represented about the
said Neck, & humbly begg His Maty to take the same into his most
Princely Consideration.

This Board as they have formerly soe humbly begg leave to rep¬
resent the true State of this their Ma8 Country, that in case they should
be attacked by their Ma8 and Our Enemyes the French and Indians,
there will be great want of Amunition and Armes, especially Swords
Carabines, and Granadere Armes, and in case any Enemy should hap¬
pen to attack this Country by Sea, there are noe Forts of any strength
to resist them, and those that are have noe Shott or other Gunrs Stores,

144

Executive Journals, Council of Colonial Virginia

and their Ma8 Shipp the Dunbarton is altogether unserviceable, soe
as shee is forced to be layd up in a Creeke, soe as their Ma8 Country
and the Shipps traideing here lye Open to the Surprize of any Enemye,
The Rt Honoble the Lords Comittee for Plantations, their Ma8 Prin-
cipall Secretary of State, and His Excy the Lord Howard of Effingham
their Ma8 L1 and Govr Gen11 of Virga are therefore most humbly de¬
sired to lay the same before his most sacred Maty and Implore his
Majty that some Measures may be taken for the better Security thereof,
which is humbly Conceived will be by some Shipp or Shipps of Warr,
and a Fireshipp, which will much incourage the Inhabitants, and be
not onely a Great Security to this their Mas Country but to their Ma3
Province of Maryland, and the Shipps Tradeing to both places, and
their Ma8 Duty on Tobacco transported to the Plantations thereby
Secured, and this Board beggs leave humbly to represent that the sole
dependence of the Inhabitants of this Country as well for all Cloaths
and Necessaries, as for Amunition to defend the Country is an yearely
supply from England, and if that should fade they must inevitably
be in Great Want and be inforced to leave of [off[ planting Tobacco,
and indeavour to make Cloths to Sustain the Wants of themselves and
Families, which may be Easily done and is much discoursed, and will
be a Great Diminution to their Mas Revenue in England, and the Sole
Revenue appointed by their Ma8 for the Support of the Government
here Cease, all which this Board according to their Bounden Duty
humbly Submitt to his Ma8 most Gracious Consideration.

This Board takeing into their Consideration that it will be of
Great use to this Country, and the Shipp and Vessells here that Men
be appointed to look out and discover what Shipps are Comeing in that
thereby Care may be taken to prevent any Mischeif that may happen
by the suddain arrivall of an Enemye from Sea, And do therefore Ordr
that a person to be appointed by Coll John Lear doe keepe Watch and
looke out on the Seaboard side of Lower Norfolk County and one to be
appointed by Coll Jn° Custis doe the like on the seaboardside of the
Eastern shore, and that they begin the first of March next, proceeding
therein as formerly hath been used in giving Notice and otherwise.

The Collect18 of their Ma8 Dutyes of one penny per pound humbly
desireing the R‘ Honoble the L1 Govr according to the Instructions from
England, that His Honor would be pleased to Appoint at what rate To¬
bacco shall be taken for the said Duty of one penny per pound of To¬
bacco that shall be transported out of this Country to their Ma8 Plan¬
tations, where the party hath not Money to pay the said Duty, And
His Honor desireing the Opinion of this Board therein, It is Ordered
that the Several Collect18 where Money is not to be procured to pay
the said Duty, Doe accept of Tobacco in Cask for the same at the
rate of one penny per pound, according to the rate sett by his Exoy the
Lord Effingham

A Proclamation ascertaining certain Places for the Shipps to Ryde
in dureing this time of Warr for their Greater Security, also prohibiting
all persons from goeing on board any Shipps & c that shall arrive here
untill the said Shipps & c have sent on shoare that it may be knowne
from whence they come, likewise (the Act for the free Trade with the

Executive Journals, Council of Colonial Virginia

145

Indians being Expired) forbidding all persons from goeing without
the Inhabitants to Trade with Indians & c was Examined, approved
off, and Ordrd to be Imediatly issued forth.

This Board on Consideration of the Several Powers and Author-
ityes Granted to Persons for Places in this Country, finding that Cap1
Alexander Culpeper was by his late Maty King James the Second Com-
missionated and appointed Survey1, Gen11 of this Colony dureing pleas¬
ure with power to appoint Deputy or Deputyes to Survey ye Lands of
this Country, and it appearing to this Board that the said Cap1 Cul¬
peper hath appointed by Comission under his hand and Seale Coll
Phillip Ludwell to be his Deputy Surveyr Gen11 who accordingly Grants
Comissions to diverse persons here, some of which are Executed by
Deputyes under them, without giveing any account of any persons
by any of them appointed to this Government, And Considering that
Complaints are often made against Severall of the Survey” appointed
as aforesaid, and Great differences happen among the Inhabitants
thereby And that the appointing a Survey1- Gen11 to Comissionate the
Survey” of this Country may be of dangerous Consequence to the
Good and well being of this Dominion, the Survey” being Generally
Men of the best parts, and usually Elected Burgesses, and wee doubt
by those meanes Severall persons have been formerly Influenced in
Assemblies, for Remedy whereof for the future, Wee humbly propose
that it is for their Mas Interest and the Good of this their Dominion
that the Survey” be appointed by the Government here; And it being
Our Judgment the said Cap1 Culpepers Comission doth not give him
power to appoint a Deputy Survey1 Gen11 are of Opinion there are noe
Surveyers in this Country duely Authorized and Impowered to Survey
Lands, Doe therefore make representation thereof to their most Sacred
Ma3 and beseech their Ma8 to take the same into their Gracious Con¬
sideration, as also the former Supplication of this Board that noe per¬
sons be permitted to hold places in this their Ma8 Dominion, but such
as shall make this Country their Place of Residence.

There being some Great Guns at the Forts at 1 indalls Point, and
Nansimond which if an Enemy should come in, are in their Power of
being Carried away by them, there being noe Men appointed to Man
the said Guns, for prevention whereof, It is Ordered that dureing these
times of danger Coll John Armstead Comander in Cheif of Glocester
County appoint Such Number of Men as he shall think fitt to be al-
waies in a readiness upon any occasion to goe to the Assistance of the
Fort at Tindalls point, and Imediatly on Notice from the Gunner of
the said Fort to repair with their Armes thither, and there to remain
soe long as Occasion shall require, and that Coll John Lear Comander
in Cheif of Nansimond County appoint Such Number of Men as he
shall think fitt to doe the like at Nansimond Fort.

The R1 Honoble the Lieu1 Govr having Writt to those who for the
time being take upon them to preserve the Peace of their Ma3 Province
of Maryland to know whether Mr Blackistone were President of the
Comittee of that Province, and other Matters for their Ma3 Service,
and they not returning Satisfactory answers, His Honor proposed
whether he should write any more to them or not, It is the Opinion of

146

Executive Journals, Council of Colonial Virginia

this Board that Since they refuse to send satisfactory answers it is to
noe purpose to send any more to them as yet, but His Honor is desired
to Continue his writeing to the Gentlemen of his acquaintance in New
England and New Yorke wee having no other way to be informed of
the truth of affaires in those parts

There being but one Shipp in this Govrnmt bound for London,
and some few other Shipps bound for some other places in England,
and none of them of any Force, soe that a Fleet cannot be made to goe
together, It is resolved that they be permitted to Sayle as they sev¬
erally get ready, for tho’ wee heare that Severall Shipps have arrived
in Maryland this present Shipping, yet for want of a good Correspon¬
dence with that Province wee cannot have an account when they will
be ready to sayle, some of them as wee heare are already gon.

Mr Secretary Cole is desired to Send a copy of the Proclamation
now Ordered to be issued forth to the Government of North Carolina
and also to give them an account of the Methods used here for Range-
ing, And Coll Richard Lee is desired to doe the like to the Gentln who
for the time being take upon them to preserve the Peace of their Ma3
Province of Maryland, and also to Send to Maryland and know how
affaires are managed there for their Mas Service, and return an ac¬
count thereof to the R* Honoble the Lieu* Govr the Charge whereof
to be repaid him.

The Proclamation and Order Sent out by the R* Honoble the Lieu*
Govr dated Decembr the 2d 1690, and the Ordrs of Councill made at a
Councill held at Midleplantation Decemb1 the 9th 1690, Examined and
approved of.

Ordered that the respective Collect” of each River in this Colony,
if any salt shall arrive in their precincts provide twenty five bushells
a Man, at as Cheape a rate as possible, and Secure the same for the use
of the Country when occasion shall require.

Many of the Gentlemen of the Councill not being present some of
them being hindered by Sickness, and others by the Extremity of Wea¬
ther, It is Ordrd that the Councill meete at James Citty the 18th day
of Febry next, and his Honor the Lieu* Govr is desired to write to the
Gentn of the Councill not present, that they fade not to meete at the
time aforesd it being for their Ma8 Especiall Service, and the preser¬
vation of this their Ma8 Dominion, and if by Sickness or otherwise any
of them should be hindered, that he or they faileing send their Opinion
of the best way for the preservation of this their Ma8 Dominion, and
whether it be for their Ma8 Service to call an Assembly or not, and the
time when.

Att a Councill held at Yorke Court house
Janry 26th 1690 [1690-91]

Present

The R* Honoble Francis Nicholson Esqr
their Ma8 Lieu* Govr

William Cole Esq” Sec:
Coll John Page

Nath11 Bacon Esq”

Executive Journals, Council of Colonial Virginia

147

Mr William Duckingfield an Inhabitant of North Carolina ac¬
quainting this Board that about the begining of this Month Eight or
ten of the Kings and Great Men of the Tuskaroro Indians Complained
to him that two of their Indians were wanting, and they Imagined the
English had killed them, but a Maherin Indian being present told them
that Dan11 Pugh of Nansimond County in this Government had Sent
them to Barbados, on which they threatned Revenge, but on his the
said Duckingfeilds informing them, that would Cause the English to
make Warr against them, and it would be better for them to goe to
the Govr of this Place and he would inquire into it and doe them Jus¬
tice, they Seemed Satisfied therewith and said they would goe to the
Govr when the Weather was Warmer, and the said Duckingfield fur¬
ther declaring that being at Nansimond he was Credibly Informed the
said Pugh had Sent four of the Tuskaroro Indians out of this Country,
two in one Prout to Barbados, and two in one Tyler to one of the other
Islands on Consideration whereof Coll John Lear is desired to inquire
into the same, and take the Examinations and depositions of Such per¬
sons as are knowing therein, and return them to the Councill at James
Citty the 18th Febry next, and that he ordr the said Pugh to make his
personall appearance at the said Councill

Cap1 Symon Rowe Coman dr of their Mas Shipp Dunbarton by
his Letter to His Honor the Lieu4 Govr which His Honor caused to be
read Cornplaineing of the Insufficiency of the said Shipp, and having
Sent his Carpinter to give an account thereof, On Consideration where¬
of, and the badness of the Weather for Men to Worke on the said Shipp,
as also that the Carpinter Seemes not to know as yet whether shee can
be made Serviceable or not, His Honor the Lieu4 Govr is desired to
write to Cap4 RoWe and Order him to cause his Carpentrs fully to m-
forme themselves of the Condition of the said Shipp, and that he and
his Carpinters attend at the Councill at James Citty the 184 day ol
Febry next to give an account thereof, and receive Such Ordr3 therein
as shall be found for their Mas Service, and that till the Meeting 01 the
Councill if the Carpinters of the said Shipp or any others belonging to
her can doe anything towards her repair, they proceede to doe the same

Co pa Vera
Test

William Cole Seer

By y e R4 honble their Maj4ies L4 Govr

Whereas there are many good Laws in this their Maj4ie3 Dominion
for ye good Governm4 thereof in Church and State which if put in due
Execution wou’d be very much for the peace and tranquility of this

C°UINow to ye End that all ye said Laws may be put in Execution as
they ought to be for y° Service of God almighty, & ye peace and pros¬
perity of ye Inhabitants of this their Maj4i« Country I Francis Nich¬
olson Esqr their Maj4ie8 Lieu4 Govern' of this Country by and with y
advice and consent of their Maj4ies Councill do hereby order and re¬
quire all and every their Maj4ie3 Justices of Peace in their Respective

148

Executive Journals, Council of Colonial Virginia

Counties, all ye Militia officers and all other inferior officers whatsoever
in their Several Stations to take especial care that all ye Laws both
poenall and others be put in effectual execution, according to ye true
intent and meaning of them, And that ye Justices of Peace do take care,
that there be Survey” of ye Highways and Constables duely appointed,
and prisons pillories and Stocks Set up for ye punishing offenders, and
y* grand Juries be duely elected and Sworn of ye best & most Substan¬
tial of ye Inhabitants of their Counties, and have in charge to inquire
into and present all parishes (that are without ministers) that do not
provide readers and that have not Legal vestries & Churchwardens &
y* keep not their Churches and Church yards in repair all vestries that
do not take care to put ye Act for processioning in due Execution, and
all ministers readers & Clerks that keep not a Register of all births
burialls and marriages and all ministers that shall presume to marry
any persons that are not Legally published in Church without License,
also all nusances in ye high wayes Rivers and Creeks, all such as Re¬
tail Liquors without License, and ordinary keepers that sell at rates
and prices exceeding ye Law, and such also as keep ordinaries and have
not entertainnd for man and horse as ye Law provides, also all persons
that plant less corn then ye Law appoints, and all such as plant tobac0
after ye last day of June or shall make Seconds, Slips, ground leaves,
trash tob° all such as shall make or cause to be made tob° hhds of a
greater size then ye Law appots all officers that shall charge Exorbi¬
tant fees all sherrives that take levies of any persons not listed and
not acco* for ye Same to ye County Court, all persons concealing tithe-
able[s] all millers takeing excessive toll all divulgers of false news to
disturb their Majties Peace, all breakers of ye Law or that are Guilty
of Riotts or treasonable or illegall associations, all Such as are guilty
of entertaining Negroes & c contrary to Law, and all that are guilty of
ye breach of any other Law of this Country or shall Speak contemp¬
tuously of ye Laws of Virginia.

And to ye End that all offenders ag* ye Laws may be discover'd
and punisht in Such manner as is provided, I do hereby declare & make
known that all person & persons who shall make any informacon or
informacons ag* any person or persons, for breach of any ye Laws of
this Country shall have Such part and proportion of y e fines paid to him
or them as by ye Law is provided to be paid to those that make infor¬
macon, and ye Justices in ye County Courts are upon any presentin'1 or
informacon made to them to proceed with all diligence in ye bringing
to Judgement delinquents and fineing them according to Law, and ve
A/r-r -ye , ltia are hereby required to cause ye Severall Laws about
ye Militia to be read twice every year at ye head of their troop or Com¬
pany and to return to ye Comanders in Cheif all Such Soldiers as shall
not be provided with armes and amunicon according to Law, and all
Such as shall not appear at their Muster with armes, and y e Comanders
in Cheii are to cause Such delinquents to be fined as ye Law provides
and to cause y° fines to be imployed for ye buying armes amunicon
& c as y® Law directs and y * Sherrives of y« Severall Counties are here¬
by Strictly required to Collect all Such fines as shall be turn’d to him
and on refusal! to distrain for them as ye Law provides.

Executive Journals, Council of Colonial Virginia

149

And whereas Negroe Slaves and other Servants often times run
from their masters, and lie in y® woods & comitt divers felonies and
outrages by robbing of houses killing of hogs and other offences, and
canot be taken by the Masters or any Single person they have robbed,
To ye End such run aways may be Speedily apprehended I do hereby
require the Sherrives of ye Severall Counties that upon notice given
them or any of them of any Slave or Slaves or other servants that are
run from their masters and ly out and canot be apprehended, that to
whom such notice shall be given imediately, without any further order
or warrant from me, cause so many of his Com [commitatus] as he
shall think fitt, to Search for and apprehend Such runawayes, and in
case of resistance to take them by force, & having apprehended ye sd
Slaves or Servants if they are charged with any capitall offence to keep
them in Safe custody in Irons untill they are deliver’d by Law, but if
no Such crime be laid to their Charge, then to cause them to be well
whipp’d and deliver’d or Sent to their masters, but ye owners of Such
Servants are to pay for ye takeing up of Such Servants according to
Law, but if any runawayes shall not be apprehended and it canot be
understood whom he belongs to; that ye Sheriff that apprehends him
return an acco* thereof to ye Sec*’ 8 Office. Given under my hand and
ye Seal of ye Colony ye Second day of December, in y® Second year
of y® Reign of or Sovereign Lord & Lady William and Mary by y®
Grace of God King & Queen of England Scotland France & Ireland & c
Defenders of y® faith Annoque Dom 1690.

To y« Sheriff of . . . . . ....County

or his Dep: Fra: Nicholson

God save y® King & Queen
Co pa Vera
Test

William Cole Seer

John Swindall aged about 24 yrs declareth:

That about ye beginning of Aug* last, your depo* was shipt a Sol¬
dier for Canada, on board ye Bark Union of Salem in New England
John Brown master and y® said Barke forthwith, with thirty other
ships Vessells & c Set Sail in order to go to Canada, and take y® places
there belonging to the French, In all which Ships and Vessells your
Depo* heard there were about 14: or 15 hundred men, but whether y®
Seamen were therein number’d or not your depo* Knoweth not, And
your depo* also Saith that this Fleet who were under y® Comand of Sr
Wm Fips Admirall, Cap* Gilbert Vice Admirall And Cap* Joseph Eld-
redge Rear Admir11 who all wore y® like Coulers as were used used at
ye Fort in Salem but not so bigg took three Barkes belonging to y®
French; in Canada River the Admiralls Hoysed y® said Flags about
12 leag: before they came to Cubeck, which was about y® beginning of
October, and wore them all the time they continued against Cubeck,
and also Saith that y® Same Fleet came to an Anchor about two miles
below Cubeck, and rid there three dayes before any men were landed,
the first day being spent in treaty with them, and y® other days being
hindered by ye weather, and y* upon Landing were fired at by Some

150

Executive Journals, Council of Colonial Virginia

ambushes whom it was reported killed about 40: English, but upon y®
English Firing at them run away, the English Forces then marched
along ye water side about a mile, and went into Some houses y* Stood
on ye waterside ye Inhabitants being all gone and ye best of their
household goods carried away, One Wally being Majr Gen11 or cheif
Comander of ye English, and your depo‘ heard y* some of ye English
who were Sent after a party of french, that were discover’d makeing
of workes through a marsh, Fought with ye said French near two hours
but reed no hurt, being about half a mile a Sunder: Also yor depo* de-
clareth y* Some Small time after ye Soldiers were Landed, who landed
Six great guns with them, the three Flag ships one [and] one more
great ship Saild up to ye Town, and there Fought ye Town Still con-
tinueing Sailing till late in ye night, and ye next day did ye Like till
they all Fell down ye River to ye other Ships, Affter which your depo*
heard y* Admir11 Fipps comanded all ye land Forces aboard, who ac¬
cordingly went leaving five of ye great guns behind, and ye dead men
unburied, and then ye fleet saild down ye River till being Stopt with
ye tide they came to an Anchor From whence they were Forced by a
great Storm and lost many anchors and Cables, and yor dep* saith yt
dureing y e time of y e English Fleets Stay in y e River an old woman was
Sent ashore to know if they would exchange ye prisoners that they had
taken in Caskoe Bey in ye Sumer for them now taken, which said
woman return’d y® next day and Severall were exchanged, and after
that having all orders to make ye best way back ye Vessell your depofc
was in arrived in New England about ye beginning of November last,
and when your depo* came from New England which was about y®
12th of December, he understood there were five Vessells not arrived,
but what was become of them he knoweth not, he also Saith he heard
there were about five hundred men dead of those that went, a great
part whereof he Supposeth was occasion’d through want of Victuals, &
Cloths, both being very much wanting, and ye weather extreme Cold.
The depo1 also Saith that there were three Small barks in Canada River
above Cubeck, and yl he understood ye reason y® Fleet left Cubeck was
want of amunicon and y* neither y® Land Forces or Seamen had reed
any pay when he came from New England, wch occasioned great mur¬
muring among them, and many of them Said they would not go again,
unless they were paid, but if they were paid, and might have liberty
to choose their Officers, they would go again no purchase no pay, being
afore comanded not to plunder break open a door lock or nail upon
pain of death. Sign’d

Janry 14th 1690 Jn° Swyndals mrk

Sworn in Councill

Co pa Vera

Test William Cole Secr Test William Cole Secr

John Callaford aged abo1 35 years Saith

That what is above declared he heard reported in New England,
as also y* one of y« Ketche’s belonging to y« Fleet had taken a Small
Vessell with Provisions bound to Canada from France, and that by

Executive Journals, Council of Colonial Virginia

151

her they heard there were four or five Vessells more going to Canada
with provisions and amunicon from France, Sign’d

John Callaford

Jan 14th 1690 [1690-91]

Sworn in Councill

Test William Cole Secr.

Co pa Vera

Test William Cole secr

I Bartholomew Green being arrived from New England, do here
testifie all ye news I do remember both from new England & Old Eng¬
land this 9th day of Janry 1690 [1690-91]

1 8t I do know y* there was a fleet of Ships & vessells fitted for
Canada, and as I did hear abo* 31, or, 2, Sail, which went away ye 9th
or 10th day of Aug* 1690, from Nantaskell being Saturday in ye Eve¬
ning & had a long passage to Quebeck, and as I did hear put ashore
Severall times as they went up ye River of Canada with their boats,
but what they did I know not, and when they came ag* Quebeck they
Sent ashore young Cap* Savage, with a Sumons to demand ye French
to Surrender ye Town with what they had which was refused with this
Answer, that they would answer them onely with ye mussle of their
guns, and So returned ye messenger aboard blindfold as he went ashore
and after this they lay five dayes before they could land their Soldiers,
& in ye mean while ye Govern1, Sumon’d all ye men far and near into
ye Town, and ye 6th day they Landed, about a mile and half below ye
Town with a Creek between them and ye Town and when they were
Landing ye French ambushes Fired very thick upon them so that what
were killed and wounded were mostly at their wadeing ashore, and
when they came there they had an order not to burn any house nor
kill any thing, nor break open any chest or any other thing upon pain of
death. And as concerning what were dead, It was reported about 4
or 5: hundred men that they might lose in all, There are also about 4
or 5 Vessells yet not arrived ye 24th of December 1690. But those y*
were arrived as ye Seamen told me Were to be paid first, ye Seamen to
begin w* [with] about ye middle of December, and to pay of [off] one
ships men every week, onely beginning at yc Admir1 & so till they be

all paid off. , , , ,

From Canada our Ships came with ye loss of many cables and
anchors, wch they lost by Stress of weather, which caused their Sund¬
ering and comeing home so disorderly and also with yc loss of one Ketch
and Sr Wms own Ship, and also one of ye fire ships they burnt being
so leaky they could not keep her free they took Severall Small vessells
goeing up ye River which they plunder d and burn t, to ye number of
4 or 5, and one they took as they came down laden with provision,
which was after lost at ye Isle of Sholes as I heard y* she gave intelli¬
gence that there were 4 or 5 more come out of h ranee in Comp with
her which had a considerable quantity of Amunicon on board for Can¬
ada, One of our Canada Fleet came in about 4 or 5 dayes before we
came away woh had been at Cascoe Bey and had trapan d about 16
enemy Indians and brought them away for Boston. We hear further

152_ Executive Journals, Council of Colonial Virginia

y‘ y* ship Sent home for powder is at Spitt head with about three
hundred Barrells in her, and others all being ready to sail onely want
men, which I understand by Report New England New York & Albany
are all in want of Said powder, Albany desireing men also as was re¬
ported in Boston, and fearing least y® French & Indians should come
upon them this winter and further it was said y4 ye Enemy Indians
were Sueing for peace with ye Monhacks, and that there was a quarrell
between Leisler at New York, and some men at Long Island and that
there was one man killed in y® Fray, and that a great many of ye men
of Boston and Charles Town, had drawn a peticon to Send home for
England for a Govern4, and many more would have sign’d than have,
but are loth to be disturb’d by ye present power. We had a Ketch
came out ye 24th day of December bound for England with ye French
Gevern4 of Port Royall in her, and there are two more at Boston ready
to Sail for England, one whereof Sr Wm Fips is going with, one I did
hear also at Point Comfort y4 ye French did expect 20 sail of men of
Warr into ye West Indies; I also do not remember yt ever I heard any
discourse, what Coulers Sr Wm Fipps wore in his ship when he was on
ye Canada expedition, nor any other except It was Gilbert wch at a
distance I saw a flagg at his foretopmast head, but w4 it was I know
not, and as concerning ye Army by Land, I heard y4 they went to ye
Lake, and when they came there or near they were taken very Sickly
and finding no Canoes ready, they onely transported over about a
hundred English and Indians ye rest returning back then Leisler put
Majr Winthrop into Prison till y® Indians came and threatened to kill
Leisler if he did not put him out, upon which he was freed, those Hun¬
dred which went over y® Lake brought back Some Prison43 and buried
Some Feild peices y4 they found in y® Earth, and burnt Some houses
and return d with some booty. I also did hear that there were two
Letters from England, one to Mrs Usher, from her husband and y4 he
did write that things did not go So well as he did expect; Mr Marther
also Sent a letter that he was Still in hopes of ye Charter.

As I have heard reported in Bostown that there was' a fast kept
in Some of ye meeting houses in England for y® prosperity of y® Canada
Meet, and that they prayed for it, and that Port Royall buisness was
very well taken and that they were in hopes Canada might be taken
also. And as to ye particulars of M4 Mathers Letter they discours’d
very little of it in Boston as I heard, I did hear also y4 there was a Lon¬
doner of 20 guns taken at Newfoundld by some French Privatiers
lying at S4. Peters. When I came from Boston I heard reported that
there were eleven rates and half levied and some of them paid and that
there were thirty rates more comeing out, wch y® people much grum¬
bled at, and I believe will not be paid, And y4 I believe Leisler and y®
power ol Boston, are at difference having as I heard little Correspond-

jMvEwo [1690-91]

Sworn in Councill

Test William Cole Secr

Co pa Vera

Test William Cole secr

Executive Journals, Council of Colonial Virginia

153

Phillip White master of ye Ketch Gabriel of Piscataway declareth
That he came out of New England abo* y® middle of 9br last, and
did hear all or y® most part of what is declared by ye within named Mr
Barth Greene to be reported in New England so far as y® sd Green de¬
clares was reported to yeaforesd middle of November last, and also de¬
clares, yt before he came from New-England John Jackson master of
y® George of Piscataway was arrived from Virga and it was reported
that they intended to refit ye said Ketch George (being made not fit
for her Voyage to London at Sea) and then to go to London, & y4 he
saw her lying at Jn° Shipwells wharf, at Strawberry bank, very light,
seeming to be unlaoded. Sign’d Phill White.

Janry 15: 1690 [1690-91]

Sworn in Councill

Test

Co pa Vera

Test

William Cole Seer
William Cole Seer.

By y® Rd HonbIe ye L* Governr
A Proclamacon

Whereas ye Act of Assembly made y® 8th of June 1680, which
Licenses a free trade with ye Indians is expired and ye former Laws
prohibiting ye Same are in Force, and my self and y® Councill takeing
into Serious consideracon that ye going forth of persons to trade with
ye Indians in these times of warr, may prove of very dangerous con¬
sequence and be a means of Involving this their Majtie3 Country in
great trouble.

Now Know® yee that I Francis Nicholson Esqr their Majties Gov-
ernr of this their Majties Dominion by and with ye advice of ye Coun¬
cill of State in their Majties names Strictly charge and Comand that
no person or persons shall from henceforth Send or go without y® In¬
habitants to trade a [or] truck with any Indian or Indians Nor shall
any person or persons whatsoever furnish or Sell to any Indian or
Indians any guns powder or shott except onely such quantity of pow¬
der and shot to our neighbfing Indians as by Law is provided, under
ye paines and penalties by Law imposed, and of being taken and prose¬
cuted as contemners of their Majties Authority, and promoters of y®
indangering ye peace of this their Majties Country, and y® Inhabitants
thereof Nor shall any person or persons from henceforth presume to
go without ye Inhabitants to hunt till further ord’r.

And whereas by an Act of Assembly made y® 23d 7br 1667. It
is provided that in time of war all ships and vessells shall ride as y®
Govern1, shall think most convenient for their Secry [security] and pre-
servacon from our enemies. I do therefore (for y® greater Secry of
Ships & Vessells tradeing hither in this time of warr) with y® Consent
of ye Councill in their Majties names hereby order and appoint that
all ships and vessells that after publication hereof shall come into this
Country shall ride in Such harbours and places as hereafter is appointed.

154

Executive Journals, Council of Colonial Virginia

Viz1 All ships and vessells in ye upper precincts of Janies River shill
ride above Sandy Point, and in ye Lower precincts of James River, in
Eliza River above ye Town, in Nansimond River above ye Fort; in
Pagan Creek as far as they can conveniently go up ye Creek, and in
Warwick River above Sandy Point. And ye Ships & c in York River
as high as Coll Nathan1 Bacons or higher, and in y e Rivers in Mockjack
Bey as high as they can conveniently go, In Rapp3 River, above y®
Fort in Corotomon River, or up Rapp 3 River, as high as they can con¬
veniently ride, and in Pianketank River as high as they can conven¬
iently go. In Patowmeck River, in Yoaumoco [Wicomocco] and Lower
machodox [Matchodic] as high as they can ride, and as high as appa-
mattox Creek. At ye Eastern Shore in ye usual places as high as pos¬
sible.

And whereas also by an act of Assembly made 24th 7br 1672. It
is provided that in time of Warr, no person or persons shall go on board
any ship or Vessell comeing into this their Majties Country either in
Sloop boat or Canoe, before ye sd Ship or vessell have sent ashore and
thereby are known what they are, upon certain penalties and forfeit¬
ures in ye said Act prescribed, I do therefore hereby strictly charge and
coman d ye pilots and all and every other person and persons whoever
that from henceforth they do not presume to go on board any ship or
Vessell whatsoever comeing into this Country untill such Ship or Ves¬
sell shall have Sent her boat ashore y1 so it may be known from whence
she cometh and to what place belongeth, under ye penalties by Law
imposed on Such offenders as being contemners of their Majties Au¬
thority.

And whereas there are Severall matters that ye Sherrives of ye
Severall Counties and other persons are ordered to make return of to
ye Sects Office about armes amunicon and divers other things for their
Majties Service, I do hereby will and require y1 ye respective Sherrives
and other persons do make due inquiry into all matters ordered them,
and return a full account of ye same unto ye Sec1 3 office, at or before
ye 18th day of Febry next. Given under my hand and ye seal of y®
Colony this 16th day of Janry in ye Second yr of ye Reign of our Sovr-
eign Lord and Lady William and Mary by ye grace of God of England
Scotland France & Ireland & c King and Queen defendrs of y® Faith
Annoque Dom 1690.

To ye Sherriff of . Sign’d Fr Nicholson

County or his Deputy

God save ye King & Queen
Co pa Vera

Test William Cole Seer

[Communication of the Governor to the Sheriffs of the Colony.]

I have spoke with ye Reverend Mr James Blair, who is appointed
by y® R1 Reverend Father in God Henry Lord Bishop of London Com-
issary of this their Majlies Territory and Dominion of Virg3 who in¬
tends God willing in ye Spring to make a Gen11 Visitacon, and hope

Executive Journals, Council of Colonial Virginia 155

your County will be found in Such order y‘ he will have no reason to
punish any

And to that End I have herein sent you their Majties Lere [letter]
to y 6 R‘ Reverend Father in God ye B p of London, and do order that
you cause ye Same to be published at every other Court and once in
two months in each Church in your County, that all people encour¬
aged by so good Example may demean themselves accordingly.

Having reced informacon from Mr Auditor Byrd that Severall
persons hold more land then they pay their Majties Quitrents for, for
prevencon whereof for ye future, and to ye end y' a true perfect and
full rent roll of all Lands held of their Majties be return’d Mr Auditr
I do hereby order that you demand of ye Inhabitants of Your County
ye patents and other evidences of ye Land they hold, that thereby y8
true and certain quantity may be known, of which you are to keep a
Just and perfect Roll, and when you acco1 with Mr Audit1, for their
Majties Quitrents deliver him ye same upon Oath

Having observed in my being at Severall exercises of some of ve
Militia of this Colony that divers persons are resident in Severall Coun¬
ties who for that they are neither free holders nor houskeepers, are
not listed in ye troops or foot Companies of ye sd Counties; and thereby
want being exercised which should make them fit and Serviceable both
to their Majties and this Country: when occasion should require they
being full as proper as any. I do therefore Order and Comand you
that at ye next Court to be held for your County, you publickly make
known that it is my express comand, and I do hereby comand, that all
tithables within your said County, (slaves and two other Servants in a
family onely excepted) and all others without exception who have been
resident in your sd County one moneth, and are not listed, do within
one moneth after ye said Court list themselves either in ye Troops or
foot Compa3 of your said County, and provide themselves with armes
and amunicon according to Law; And that you acquaint ye Cap'3 of
ye Militia that they are by me ordered to return to ye Comanders in
Cheif, ye names of all ye Soldiers under their respective Comands,
and that they take care none escape being listed.

I design God willing early in ye Spring to see ye Militia of your
County exercise and muster and hope to find them provided with
armes & c. according to Law (wch I order them to bring into ye Feild
at that time to prevent being fined as y e Law directs) & well disciplined.
And that you acquaint ye Officers who have ye Care of ye powder and
shot lately Sent to your County, that they do not dispose of any of it
unless for their Majtie3 especial Service ag1 an enemy.

And I do order that ye Justices of your County, do at their next
Court take an acco* of all ye publick Stores as amunicon & c in your
County in what condicon ye Same is and in whose Custody, and re¬
turn an account thereof to ye Sec” Office and to ye Comand1, in Cheif:
And that no person presume to conceal any at their perill, And for that
It is for ye publick good of ye Country that no person conceal any of
ye Publick Stores, all persons are desired to inform ye Justices of any
person they know that hath any of ye Said Stores and do not give an
acco* thereof.

156

Executive Journals, Council of Colonial Virginia

Understanding that Severall persons in their drinking Frolicks do
comitt severall disorders in cutting hats clothes & c do order that ye
Justices of ye Peace You and all other their Majtie3 Officers do take care
for ye future to prevent ye like, and punish such offenders according
to Law.

And if any person or persons now are or hereafter shall come into
your County, that canot give a good acco* from whence he or they
came, and do not take Some honest and lawfull way for a livelyhood;
or if any suspected person or persons buy any quantity of armes or
amunicon more than usual or may be Judged convenient for them that
they be proceeded ag* according to Law.

I do order y‘ you cause ye Clerk of Your County to give you copies
of ye Lists of titheables of your Com. which you are forthwith to re¬
turn to Mr Secret13 Office.

Also that you return to Mr Secrs Office ye names of ye Coroners
of your County.

And that you acquaint ye Survey1- of your Com. that I expect He
forthwith return to Mr Secrs Office a copie of his Comicon and In-
struccons attested under his hand.

Give me an account who are ye great promoters or discouragers
in your County of ye good design of a Free school & Colledge, and what
lands there are in your County that have been given to either of those
uses.

Acquaint ye Ministers of your County I expect they observe ye
Severall fast and feast dayes

And to ye End that all herein contain’d may be publickly known
you are to publish ye same at your next Court and in each Church in
yor County: and give a cop hereof to each of ye honble Councill in
Your county.

Given under my hand at James Citty Decembr ye 2d A no Dom
1690: and in ye Second year of their Majties Reign.

Directed to ye Sherriff

off.. . . . County

or his Deputy and Sign’d Fr: Nicholson.

Co pa Vera

Test William Cole Seer

Att a Councill held at James Citty Febry 18th 1690 [1690-91]

Present

The R‘ Honoble Francis Nicholson Esqre, their Mas Lieu* Govr
Nath11 Bacon Esqre Coll William Byrd

William Cole Esqre Secr Coll Jn° Lear

Coll John Page Coll Cr Wormeley

Coll John Armistead

All the orders made at a Councill held at Middle plantation De¬
cember 9th 1690, and the Orders of Councill made at a Councill held
at James Citty Janry 15th 1690, Examined and approved off.

This Board being Credibly informed that the Sloope Friendshipp

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157

belonging to Cap* Roger Jones and others which in July last was
Cleared to goe for New England (all the Shipps and Vessells then
bound for Europe lying under an Imbargo by their Mas Express Co-
mands In Contempt of the said Imbargo was by her Owners caused
to go for England, which had shee been taken by the French might
have been of dangerous Consequence to the whole Fleete here bound
out, in giving an account of the time of their sayleing and otherwise,
for prevention of the like danger for the future, It is Ordered that
dureing the time of an Imbargo in this Colony noe Shipp or Vessell
whatsoever be permitted to sayle to any of their Mas Plantations,
unless the Master of Such Shipps or Vessells give bond with good
Security of Five hundred pds Ster11 not to goe for Europe, nor shall
any Shipp or Vessell be cleared to any of the Plantations unless they
shall sayle at least one Month before the time appointed for the
Imbargoed Shipps sayleing to prevent the like danger as aforesd And
it is Ordered that it be Entered in the Condition of the bonds to be
given by Mast” of Shipps that they carry noe seamen nor others out
of this Country, more then they brought, without Lycence soe to doe.

Whereas thirty Nine hundred weight of Cast lead, and twenty
two hundred and a halfe weight of Gunpowder sent to Mr Jn° Herbert
in the Shipp Tryall Nichols Smith Master was by Coll John Page one
of their Ma8 Collect” Secured on Board the said Shipp for their Mas
and this Country’s Service untill further Ordr on Consideracon whereof,
It is Ordered that if the said Herbert shall enter into bond to their
Ma8 to have the said Powder and Lead forthcomeing when required
for their Ma8 and this Countrys Service, which bond the Sherriffe of
Charles Citty County is Ordrd to take, if offered, that the said Herbert
be permitted to take the said Powder and Lead into his Custody

John Stephens Master of the Shipp Bristoll Merch* now in Mock-
jack Bay, giving an account that in this present Voyage to this Coun¬
try on the 15th December last he mett with a small French Barque
belonging to Rochell in France, and came then from Keyou, who had
an English Man Prisoner aboard, who they took from the said Barke
but having but few Men and None of them willing to goe either for
England or Virginia in the said Barque onely tooke from her two
Petteraroes, [Pedreroes (small guns)] three Musquetts, about seven
hundred pds of Shugar, some Parretts and Parraketoes some Oranges,
and about seven hundred Sows [sous] and soe lett her goe, On Consid¬
eration whereof It is Ordrd that the said Stephens putt the Patteraroes
and Musquetts on Shore for their Ma8 use at Mr Sands Knowle’s
Plantation in Glocester County, and the rest being of small value,
most of the Shugar being spent at Sea, to take for the Incouragement
of the Men belonging to the aforesaid Shipp.

Febry 19th 1690 [1690-91]

Present as before

Thomas Tyler Master of the Brigantine Swallow of Barbados
having been Sumoned to give an account how he came by two Indians
he carried out of this Country, this last yeare, and now produceing a

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bill of Lading Signed to Dan11 Pugh of Nansimond County for the said
Indians, and the said Pughs Instructions for the disposall of them, and
the said Pugh having absconded himselfe that he could not be Sumoned
to appeare at this Board according to the Ordr of the last Councill,
and the Sherriffe of Nansimond County having left a Sumons at the
said Pughs House requireing his appearance, but he not appearing It
is Ordrd that the Sherriffe of Nansimond County take the said Pugh
into his Custody and there keepe him till he Enter into bond with good
Security for his appearance at James Citty before the R* Honoble the
L* Govr and Councill the fourth day of the next Gen11 Court, then and
there to answere what shall be objected against him on their Mas be¬
half.

This Board having been Informed that Mr James Minge is ap¬
pointed Deputy Surveyer Gen11 of this Colony by Coll Phill Ludwell,
Deputy Surveyr Gen11 under Alex. Culpeper Esqre Survey1- Generali of
this Country, and not findeing that the said Culpepers Comission
giveth power for the doeing thereof, and also being Informed that the
said Minge is appointed Presid* of the Society of Survey” with power
to take fifty pds of tob° for every Survey (by him Examined and Re¬
corded) of the Survey1- that makes the said Survey which the said Sur¬
veyer is to take from the person for whom the Survey is made which
being irregular and Contrary to Law, It is Ordrd that the said Minge
with two or three other Survey” such as he shall think fitt appeare
at James Citty the 6th day of the next Gen11 Court before this
Board, and that till that time the said Minge make noe alteration in
the Survey's appointed by Coll Philip Ludwell before his goeing last
out of this Country either by putting out any person, or giving a New
Comission to any other, nor that he administer any Oath to any of
them already appointed as aforesaid

Cap* Oswold Cary Sherriffe of Middlesex County being lately
dead, His Hono1- the Lieu* Gov1- desired the Gentlemen of the Coun¬
cill who live in that part of the Country to Nominate a fitt person to
be appointed Sherriffe of the aforesd County, and they recomending
Mr Robert Dudley, His Hono1- with the Advice of the Councill is
pleased to Order that a Comission be accordingly prepared for him
for the remaining part of this yeare.

Febry 20th 1690 [1690-91]

Present as before

His Hono* the Lieu* Gov1- Considering that the time for appointing
Sherriffs is now at hand, desired the Councill to Consider against their
Next meeting who are fit persons to be appointed Sherriffs for the en-
sueing yeare in the respective Counties, also it being the Opinion of
this Board that it is for their Mas Service to have Coron” who are
persons duely quallified for that Office; and Severall Justices being
dead since the last Comissions issued out who are persons of Integrity
and ability to be added to the Comissions of the Peace where occasion
shall require

The Sherriffe of

County having

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159

failed to performe what was directed him by the R* Honoble the Lieu*
Gov” Ordr dated December 2d 1690, It is Ordered that he appeare at
James Citty before this Board on the third day of the next Gen11 Court
to answere the same

. . . . Surveyor of . . .

having failed to performe what was directed him by the R* Honoble
the Lieu* Gov” Order dated December the 2 d 1690, It is Ordered that he
appeare at James Citty before this Board on the 3 d day of the next
Gen11 Court to answere the same

The R* Honoble the Lieu* Govr acquainting this Board that he is
Informed the Masters of the Shipps comeing to this Country do not
give a full account of the hhds of tobacco, and bulk taken on Board
their Shipps, whereby their Mas and this Countrys Revenue are greatly
damnified, and therefore proposed what Method should be used for
prevention of the like abuse for the future, On Consideration whereof
it being the Opinion of this Board that the Charge of having Men ap¬
pointed to looke after the same will be greater then the Revenue can
beare, It is resolved and Ordrd that the Collect” besides takeing the
Oath of the Master of the Shipp take the Oaths of all Such persons as
keepe any account of the Loding of the said Shipp, which persons the
Master is to give an account off on Oath.

His Honor the Lieu* Govr acquainting this Board that he under¬
stood there was great abuse in their Mas and this Country revenue
in the Coopers makeing hhds of a greater size then the Law prescribes,
and proposeing what Methods should be used for prevention thereof
for the future, On Consideration whereof it is the Opinion of this Board,
that the Charge of having Men appointed to looke after the same will
be greater then the revenue can beare, and that the onely way at present
for prevention thereof is the Care of the respective Grand juries whose
Duty It is to looke after the same.

His Honor the Lieu* Govr caused to be read a Letter he Intended to
Send to the Churchwardens of the Severall parishes in this Colony, re-
lateing to their takeing the Church wardens Oath, and other due per¬
formance of their Duty in their places, which was approved of as fitt
and proper to be sent.

A Proclamation Entituled a Proclamation to prevent seamen and
Marin” belonging to the Shipps comeing from England, from Runing
away from the Shipps they belong to, and an additional Clause thereto,
was Examined, approved off, and Ordrd to be Imediatly Issued forth.

Cap* Symon Rowe Comandr of their Ma8 Shipp Dunbarton Com¬
plaining of the Insufficiency of the said Shipp and it appeareing by a
Survey lately made that shee is in a very sad Condition, and to the
End it may more fully appeare in what Condition the said Shipp is,
His Honor the Lieu* Govr is desired as soone as Conveniency will offer
after arrivall of the Cap*8 of the Friggotts now coming hither, to ap¬
point the said Cap*8 and Such others as he shall think fitt, to Survey
the said Shipp and make report of their proceedings under their hands
and seals, and return the same to the Secretaries office, to the End such
further proceedings may be had therein as shall be for their Ma5 Serv¬
ice.

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His Honor the Lieu* Govr having proposed whether it be Conven¬
ient to appoint an Assembly to Consult and advise of some way to
secure this their Ma8 Colony and the Inhabitants thereof from the
Attempts of any Indian or other Enemies, It is the Unanimous Opinion
of this Board, that it is of absolute Necessity and for their Ma3 Ime-
diate Service to call an Assembly, but in regard there is a present Ex¬
pectation of the Freggotts arrivall by whom Comands are Expected
out of Engld, It is Ordrd that Writts be delayed till the 4th day of
March next, but if the Friggotts arrive not by that time, that then
they Issue appointing the Meeting of the Burgesses at James City the
16th day of Aprill next.

Whereas at a Councill held at James Citty Janry 15th 1690 in an
Ordr appointing Rangers & c. It is Ordrd that upon the least notice of
the Approach of any Forreign Indians or French, the Rangers Ime-
diately send to the next Militia Officer, who is forthwith to raise the
Militia under his Comand, and to give Notice to the other Officrs of
that County, who are all to rayse the Soldiers under them to resist or
repell any of Our said Enemies, and the said Officer or Officers are to
give Speedy Notice to the Comander in Chief of that County and to
follow such Ordrs and Comands as they shall receive from him and in
case there be occasion for any assistance the Comander in Cheife is to
raise soe many of the Militia of the Adjacent Counties as he shall
think fitt, and cause them to March to the assistance where occasion
shall be, and the said Comandr in Cheife of the said Counties forth¬
with to give an account of the same to the Govr or Comandr in Cheif
of the Country for the time being, and observe such Ordrs and Comands
as he shall receive from him, And to the End that upon Notice of an
Enemy the Country may not be unprovided of Men to Joyne with
the Rangers by this Order appointed to be raised, It is Ordrd that the
Comandrs in Cheife of the Frontier Counties doe forthwith appoint
such a Number of the Soldiers in the Severall Counties under their
Comand as they shall think fitt, and give them Ordr to be at all times
in a readiness to Joyne with the said Rangers when occasion shall re¬
quire, And Ralfe Wormeley Esqre Comander in Cheife of Rappahan-
ock County by his Letter to the R* Honoble the Lieu* Govr which his
Honor caused to be read, having signified the Great distance betweene
the place where the Rangers Range and him, and that there is not a
Militia Officer in Rapp8 County but at great distance also from the
Rangers, and therefore proposed that Coll Stone or Coll Loyd might
be appointed to doe what is before mentioned to be done by the Militia
Officer, and the same being approved the sd Coll Stone and Coll Loyd
or either of them are hereby Authorized and Impowered to do the
same, and all persons Concerned are required to observe & obey such
Ordrs and Comands as shall be Given by the said Stone & Loyd or
either of them, till further Ordr either from this Board, the R* HonobI®
the Lieu* Govr or Ralph Wormeley Esqre Comanderr in Cheife as
aforesaid

This Board having been Informed that the Inhabitants of Pen-
silvania declare that if the French or Indians come against them, they
will acquaint them they have noe Quarrell with them nor will not

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161

fight, whereby if either of those Enemies shall goe thither, they will
not onely be supplyed with provisions, but a place of retreat after Mis-
cheif done, which may prove of dangerous Consequence to the Peace
and safety of this and all other their Ma8 Plantations in these Parts, And
it being Considered that at the frequent Meeting of the Quakers in
severall places in this Colony of their own appointing, without ever
acquainting the Government of the same, or doeing what is required
by an Act of Parham4 made in the first yeare of the Reign of Our Sov¬
ereign Lord & Lady William and Mary by the Grace of God King and
Queen of England Scotland France and Ireland & c Entituled An Act
Exempting their Mas Protestant Subjects dissenting from the Church
of England from the penalties of Certain Laws, not onely the Inhabi¬
tants of this Colony, but those of Maryland Pensilvania and other
places are usuall [usually] present, by meanes whereof the French or
Indians if possest of Pensilvania have fitt opportunityes of knowing
the affaires of this their Ma8 Government, and Ordfing themselves to
do Mischeif accordingly, for prevention whereof for the future, and to
the End the aforesaid Act of Parliament may be put in Effectuall Ex¬
ecution, It is Ordrd that after publication hereof (which all their Ma8
Justices of the Peace in the respective Countyes in this Colony are
required to cause to be done at the next Cort to be held for their said
Counties) that none of the persons usually Called Quakers doe pre¬
sume to meete at any place whatsoever without doeing and performing
what by the before recited Act of Parliament is required and Comanded,
upon penalty of being prosecuted, and suffering such paines and penal¬
ties as by the said Act are to be Inflicted on those who doe not Comply
there with

And to the End the said Act may be duely performed all their
Ma8 Subjects within this Colony, especially Justices of the Peace,
Sherriffs and other their Majesties Officers whatsoever, are hereby re¬
quired and Comanded to take Care that noe person or persons what¬
soever presume to doe or Act anything Contrary to the true Intent
and meaneing thereof.

And it is further Ordrd that if, (after the said persons called
Quakers have performed what is required by the aforesaid Act of Par¬
liament) any Strangers from any other Governm4 shall come among
them, they give an account of every such person to the next Justice of
the Peace, who is hereby Ordrd to cause the said person or persons to
appear before him, and to take his or their Examinations under his
or their hands to what place he or they belong, whether goeing, when,
and of all things Else which may be for their Ma8 Service, and forth¬
with return the same (if he finde fitt) to the R‘ Honoble Francis Nich¬
olson Esqre their Ma8 Lieu* Govr that such further Order may be had
therein as shall be agreeable to Law, And It is also Ordrd that if any
person whatsoever shall receive by Letters, or heare any strange News
which may tend to the disturbance of the Peace of this Government,
that they doe not presume to publish the same, but with the first Con-
veniency repaire to the next Justice of the Peace, and acquaint him
therewith who is to Act therein according to Law.

Their Ma8 Justices of the Peace for James Citty County by their

162

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petition presented by Mr Henry Hartwell and William Edwards by
Ordr of the said Justices dated Febry 7th 1690 setting forth that for¬
merly the said Justices of the said County did sitt and hold Court in
the Gen11 Court house, but in the late unhappy troubles that House
being burnt a Court house was built at the Costs and Charges of the
aforesaid County, in which for some yeares the R6 Honoble the Govr
and Council did Sitt, but the same being now very ruinous it will be
Great Charge to repair it, and therefore prayed they might have leave
to hold Court for the future in the Gen11 Court house, the same being
sometime since rebuilt, On Consideration whereof as also of the R6
Honobie Francis Nicholson Esqre their Mas Lieu6 Gov” proposall,
that if the aforesaid Justices will by a Sufficient Deede in Law Convey
the Rts of the aforesaid ruinous House to him, he will repair the same
and give it for a Schoole house for the Advantage of the Inhabitants
of the aforesaid County of James Citty and others who shall send their
Children there to be Educated, It is Ordered that if the aforesaid
Justices Comply with his Hono” proposall and oblige their County to
keepe the Windows and plaistering of the Roome (in the Generali
Court house) where the Court is held in repair, the same being first
made soe, that they be permitted to hold Court there, and they are
hereby permitted and Impowered forever hereafter (soe long as the
House shall remain fitt) to Sitt & hold Court in the said Roome pro¬
vided whenever it shall happen that their Court shall fall out to be
dureing the Sitting of the Gen11 Court, or Councill in Assembly time,
that they adjorne to some time after the Ending of the said Gen11
Court or Assembly.

Att a Councill held at Yorke Court house
Febry 27th 1690 [1690-91]

Present

The R6 Honoble Francis Nicholson Esq” L6 Govr
Nathaniel Bacon Esq” William Cole Esqr Secr

Coll John Page

His Honor the Lieu6 Govr acquainted this Board that he had re¬
ceived a Comission from their Most Sacred Ma3 appointing his Excy
Francis Lord Howard of Effingham their Mas Lieu6 and Govr Generali
of this Country, with Instructions for the Management of the Govern¬
ment, And an Order to himselfe to Execute the Severall powers and
authorityes Contained in the said Comission, and observe the In¬
structions dureing his Excys absence, and the first Instruction which
his Honor caused to be read requireing the Calling the Councill to¬
gether Imediatly after the receipt thereof, His Honor proposed what
time might be thought most Convenient for the Councills meeting On
Consideration whereof thursday the fifth of March being judged as
soone as it can be possible for the Gentlemen of the Councill to have
Notice and to meete, It is Ordrd that they on that day meet at James
Citty, and his Honor is desired to write to them not to faile

Having received an Ordr from their most Sacred Mas that John

Executive Journals; Council of Colonial Virginia

163

Woodcock, William Aylvvard Will Burley and George Mason should
be sent to Maryland there to be tryed for the Murder of Mr John
Paine late Collect1, of Potuxent River in that Province, the Fact being
Comitted in that Government, His Honor the Lieu* Govr is desired
to write to Richard Lee Esqre to issue his Warrant for the Ordering
George Mason to be brought to James Citty by the 5th of March next,
and that His Honor issue his Warrant to L* Edward Ross to take the
other three persons into his Custody, and deliver them to the Sherriffe
of James Citty County at or before the aforesaid 5th day of March,
that then Such further Order may be made as shall be agreeable to
their Mas Comands.

His Honor the Lieu* Govr pursuant to an Order of this Board
dated Febry 20th 1690 delivered his Warrant to Cap* John Jenings
Comodore of the Virga and Maryland Shipps, appointing him with
Such others of his Officrs and others as he should think fitt to veiw their
Ma8 Shipp Dunbarton, and make return of their report to Mr Sec¬
retaries Office under their hands and Seales as is directed by the afore¬
said Order, that such further care may be taken therein as shall be for
their Ma8 Service.

His Honor the Lieu* Govr is desired to Send a Coppy of the Proc¬
lamation about Seamen, and the Ordrs of Councill about Shipps to
Richard Lee Esqre to be by him Sent to Such as for the time being
take Care for preserveing the Peace and Adminstring the Laws in
their Ma8 Province of Maryland, and Mr Secry Cole is desired to Send
Copies of the same to the Deputy Govr of North Carolina that both
those Govrnments may know the Methods used here for his Ma’
Service.

Att a Councill held at James Citty
March the 7th 1690 [1690-91]

Present

The R* Honoble Francis Nicholson Esqre
Lieu* Govr

William Cole Esqre Secry William Byrd Esqre

Cr Wormeley Esqre

His Ma8 Letter Authorizing and Impowering the R* Honoble
Francis Nicholson Esqre their Ma8 Lieu* Govr to Execute all the Powers
and Authorities Contained in their Ma8 Comission and Instructions
to his Excy Francis Lord Howard of Effingham their Ma8 Lieu* and
Govr Gen11 of this Country, dureing his Exoys absence was this day
r0ctd

This day Edward Hill and Henry Whiteing Esqr9 were Sworne of
their Ma8 Councill of this their Colony and Dominion of Virga, but
there being very few of the Gentlemen of the Councill present, some
of them being prevented by Sickness, and others by the Extremity of
the Weather, It is Ordrd that his Ma8 Comission Constituteing and
appointing his Exoy Francis Lord Howard of Effingham to be their
Ma8 Lieu* and Govr Gen11 of this Country be published the first day
of the next Gen11 Court, and that at the first Meeting of the Councill

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Executive Journals, Council of Colonial Virginia

the R* Honoble Francis Nicholson Esqre Lieu* Govr ,and the Councill
take the Oaths appointed and directed by their Ma8 Instructions

Edward Hill Esq- f added
Hen: Whiteing Esqre )

His Ma8 Comission appointing his Excy Francis Lord Howard of
Effingham their Ma8 Lieu* Govr Gen11 of this Country read, also their
Ma8 Instructions, And the Consideration of the Instruction about ap¬
pointing a Court of Exchequer refferred to be Considered off by a full
Councill, at the next Meeting of the Councill.

His Most Sacred Ma*y having been Graciously pleased by his In¬
structions to direct that there be a Free Trade with the Native Indians,
His Honor the Lieu* Govr proposed whether the Proclamation relateing
to the Indian Trade lately sett forth by Order of Councill should be
declared Void or Not, On Consideration whereof, It is the Opinion of
this Board that the same and Severall other things in their Ma8 In¬
structions relateing to the Assembly be refferred to the Consideration
of a full Councill at the next Meeting of the Councill.

On Consideration of the Great want of Powder and Shott in this
Country for the defence thereof, as also that by late Proclamation all
persons are forbidden selling any to the Indians, unless small quanti-
tires to our Neighbouring Indians. And to the End the Inhabitants
of this Country may (if possible) provide themselves with some, for
the preservation of this their Ma3 Country and Inhabitants, It is Ordrd
that the Collect— demand and take an account (of the Severall Masters
of Shipps and Vessells they shall Enter) of all Powder Shott and Armes
brought into this Colony, and permitt them to deliver it to the Severall
persons to whom it belongs, of whom an account thereof will be re¬
quired when occasion shall offer, for their Ma8 and this Countrys
Service.

His Honor the Lieu* Gov— proposall what Measures shall be taken
with the publique Armes for their better Security is refferred to the
next Meeting of the Councill.

A Letter from his Excy Francis Lord Howard of Effingham their
Ma8 Lieu* and Govr Generali of Virginia, directed to the R* HonobU
the Lieu* Govr and Councill, also two Ord— about his Excys Salary,
and two Ord- about Sending home the Mony Plate and Goods taken
in the possession of Edwd Davis, Lyonell Delawafer and John Hinson
and still remaining in this Country to his Excy, in Ordr to his delivering
it to Sr Robert Homes were read, and the Consideration thereof re¬
fferred to the next Meeting of the Councill.

The Warrants for Election of Burgesses a Letter to the Sherriffs
about their due Election, and also to acquaint them and all other their
Ma8 Offic— & c that by their Ma8 Instructions it is required they take
the Oaths prescribed by Act of Parliament, Instead of the Oaths of
Allegiance and Supremacy read and approved off.

His Honor the Lieu* Gov— Proposall who was a fitt person to be
appointed Clerke of the House of Burgesses this next Assembly, re¬
fferred to the next meeting of the Councill

On Consideration that Severall things of Great Moment, some of
them relateing to the Assembly, which is to begin the 16th day of

Executive Journals, Council of Colonial Virginia

165

Aprill next are refferred to the Consideration of a full Councill at their
Next Meeting, It is Ordered that the Councill meete at James Citty
the 14th day of Aprill next where all the Gentlemen of the Councill
are desired to give their Attendance, that soe those weighty matters
refferred to the next meeting of the Councill may be dispatched, most
of which might have been done now had the Gentlemen of the Councill
mett, And to the End that such disappointments may not hereafter
happen, which may be greatly to the prejudice of their Mas Service,
the Consideration of some Method to be used for the prevention
thereof for the future is refferred to the next meeting of the Councill.

Cap* John Jenings Comodore of the Virginia and Maryland Fleete,
and Comander of their Mas Friggott the Experiment now being present
and appointing to be at Point Comfort in James River by the 10th of
May next in Ord* to sayle with the Shipps that shall be ready bound
to Europe, and their Mas having Comanded that noe Shipps bound
to Europe from hence be permitted to sayle butt in Fleets, It is Ordrd
that the respective Collect” of this Colony do not Cleare any Shipp
or Vessell for Europe but in Convenient time for them to be at Point
Comfort ready to sayle at the time aforesaid, and that at the Clearing
any Shipp or Vessell they take bond of the Master thereof to sayle to
Point Comfort under the Comand of Cap* John Jenings Comodore as
aforesaid, and there to remain till he with the Fleete sayle, and it is
Ordrd that after the 10th day of Aprill next, no Collect* Cleare any Shipp
or Vessell bound to any of their Mas Plantations till after the sayleing
of the Fleete for Europe, as is directed in a former Ord* of this Board,
nor any Shipp or Vessell for Europe, after the sayleing of the Fleete
in May, till further Order.

Ralph Wormeley Esq*e having by Letter signified that a Ketch
from Belfast, who had her Clearing from Duke Schomberge, after a
long and tedious Stay here, has at last got her lading in, & was ready
to Sayle, had not an Ord* come to Imbargoe all European Shipps, which
has almost broake the Master and Mens hearts, they being very bare
of Cloths, no Creditt, nor Goods of their Owne, all being upon Freight,
soe that if they stay for the Fleete their provisions will be all Spent,
the Master says he must leave the Ketch, and every one take their
Tob° on Shore unless he might be permitted to sayle which he humbly
begged, On Consideration whereof Cap* John Jenings Comodore of the
Virginia and Maryland Fleete who had Stopt a Vessell in James River
which was Cleared being inquired off and affirming that if any Shipp
or Vessell should be permitted to sayle for Europe, and fall into the
hands of the French, it might prove of dangerous Consequence to the
whole Fleete bound from these parts, And this Board having formerly
in the like case been of the same Opinion and now also, Do Ord* that
the aforesaid Ketch, nor any other whatsoever be permitted to sayle
before the Fleete in May next, It being reasonable that perticular
Interests submitt to the publique Good

Cap* John Jenings Comodore of the Virga and Maryland Fleete,
and Comander of their Ma8 Friggott the Experiment having in Obed¬
ience to an Order of the Right Honoble the Lieu* Gov* who issued the
same pursuant to an Order of Councill in their behalfe, made return of

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Executive Journals, Council of Colonial Virginia

the Carpinters report of thier Ma3 Shipp Dunbarton and his Opinion
thereon, viz1 that shee is not fitt for the Sea, nor for any repair in this
Country without a Dock, And to the End that noe meanes may be
Omitted to discover the Condition of the said Shipp, And Cap1 Symon
Rowe Coman dr of her having received their Ma8 Ordrs to goe for Eng¬
land with her, It is Ordrd that the said Cap1 Rowe issue his Warrant,
requireing the Comandrs and Carpinters of all the Shipps in Yorke
River, and such others as he shall think fitt, forthwith to veiw the said
shipp and make a report under their hands and Seales whether the sd
Shipp Dunbarton be fitt to goe for England, whether shee can be re-
paird in this Country or not, and if shee cannot be repaired here, what
is best to be done with her for their Ma8 Service and return the same
to the Secretaries Office, that such further proceedings may be had
therein, as shall be judged for their Ma8 Service at the next meeting of
the Councill.

This Board takeing into their Consideracon what may be the like-
lyest way to preserve and Secure the Virga and Maryland Fleete
bound for Europe, (who are to sayle the 10th day of May next) from
danger in their passage thither, and Considering that if the French can
have Intelligence of the time appointed for the Fleets sayleing from
hence it may be of dangerous Consequence, and therefore of Opinion
that the prevention thereof will greatly tend to the Security of the
Fleete in their return, Doe therefore Ordr that Cap1 Symon Rowe
Coman der of their Ma8 Shipp Dunbarton cause the two Sloopes now
in their Mas Service under his Comand to keepe in the Bay, and be
very Carefull that they speake with all Shipps and Vessells comeing
from Maryland, and Stop all bound for Europe, and Carry them
under the Comand of Cap1 John Jenings Comander of their Ma8
Frissott the Experiment, also to be very Carefull that none under pre¬
tence of goeing to the Plantations, who have any Quantity of Tobacco
on board Escape, but that they be brought into some River in this Col¬
ony there to remain till the truth shall appeare, and it is further Ordrd
that after the 10th day of Aprill next they suffer noe Shipp or Vessel!
whatsoever to goe to any of their Ma8 Plantations, but that they be all
brought into some River in this Colony, there to remain till the Fleete
bound for Europe sayle,

In Obedience to his Most Sacred Ma8 Comands dated at their
Ma8 Court at Kinsington the 26th day of Aprill 1690 in the 2d yeare
of their Ma8 Reign, requireing the sending those persons who are
apprehended in the Government for the Murdr of Mr John Paine
their Ma 8 late Collect of Potuxent River in Maryland, into their Ma8
Province of Maryland to be brought to tryall for the same, the Fact
being Comitted within the Government of that Province, And Cap1
Symon Rowe Comander of their Ma8 Shipp Dunbarton being inquired
ot, offering to Send the said persons with Sufficient Men to Guard
lsf °,r.dr! that the Sherriffe of James Citty County on Thursday
a Ci ,°* Instant safely Convey Mr John Woodcock, Mr William
Aylward and Mr William Burley (three of the persons that were ap¬
prehended for the aforesaid Murder) to Yorke River, and their [there!
deliver them to Cap1 Symon Rowe or his Order, to be by him sent in

Executive Journals, Council of Colonial Virginia

167

one of the Sloopes under his Comand with Sufficient Men to Secure
them to S1 Maries in their Ma8 Province of Maryland and there de¬
livered, as also their Ma8 Letter to Such as for the time being take Care
for preserving the Peace and Administring the Laws in their Ma8 Prov¬
ince of Maryland and take a receipt from at least four of them for de¬
livery of the said Letter and persons, and return the same unto the
R* Honoble Francis Nicholson Esqr their Ma8 Lieu1 Govr of this Coun¬
try, And it is further Ordrd that if George Mason the other person
Seized in this Government for the aforesaid Murder be brought to
James Citty before the others are Carried away, that he be sent and
delivered with them, but if he be not brought before they are gon, His
Honor the Lieu1 Govr is desired to issue his Warrant to cause him to be
sent to Richd Lee Esqre, and to write to him to cause the said Mason
to be Sent to S1 Maries and there delivered and receipt taken as is
herein directed for the other three persons.

His Honor the Lieu1 Govr caused to be read in Councill a Letter
by him written to Coll Slaughter their Ma3 Gov1 of New Yorke, an¬
other to Mr Thomas Loyd President of Pensilvania, one to those as
for the time being take care for preserving the Peace and Administr¬
ing the Laws in their Ma8 Colony of the Massachusetts Bay in New
England, and another to those as for the time being take Care for pre¬
serving the Peace, and Administring the Laws in their Ma8 Pro\ ince
of Maryland, all which are approved off, and the same being for their
Ma9 Service His Honor is desired to agree with a fi tt person to Cary
them and bring back the answers [which] shall be Sent by any of the
aforesaid persons, and that the sume agreed for be paid out of their
Ma8 Revenue of this Country. .

Mr Secretary Coles Comission from his Maty appointing him Sec¬
retary of this their Ma8 Colony & Dominion of Yirga was this day
read in Councill.

An Ordr restraining the Meeting of the Quakers unless they Com¬
ply with the direction of an Act of Parliament made in the first yeare
of the Reign of Our Sovereign Lord & Lady William and Mary by the
Grace of God, King and Queene of England Scotland trance N Ire¬
land & c Entituled An Act for Exempting their Protestant Subjects,
dissenting from the Church of England from the penalties of Certain

Laws, was read & approved of. .

His Honor the Lieu1 Govr acquainting this Board that the Roome
where the Gen11 Court is kept wants repairing, It is ; Ord'd that the
Sherriffe of James Citty County forthwith cause the Windows of the
said Roome to be Glased, the Plaistering mended, and the Walls white¬
wash t, and on Consideration of the Ill convemency of the Bar in the
said Roome, It is Ordered that the Sherriffe cause the same to be al¬
tered according to the direction of his Honor the Lieu1 Govr, and is
Honor is desired to give direction therein.

His Honor the Lieu1 Govr caused the Comissions and Instructions
given to the Lieu18 of the Rangers appointed to be raised by former
Ordr of this Board to be read, and they are approved off.

His Honor the Lieu1 Govr this day caused to be read a Letter from
Isaac Allerton Esqre to his Honor one from Cap1 Peale and Cap Mason

168

Executive Journals, Council of Colonial Virginia

to Richard Lee and Isaac Allerton Esq” wherein they have Nomin¬
ated David Straughan to be Lieu1 of the Rangers in Stafford County,
and from the Character they have given of him, he being a fitt person
it is Ordrd that he have a Comission accordingly, and His Honor also
caused to be read a Letter from Coll John Stone Cap1 William Taylor
and Cap1 George Tayler of Rappa County to Richard Lee and Isaac
Allerton Esq”, wherein they signifye that they shall provide the Men
appointed them to raise for Rangers, but know not where to furnish
them with Pistolls and Carabines, On Consideration whereof it is Ord¬
ered that if Richard Lee and Isaac Allerton Esq” cannot otherwise
provide the said persons with Carabines that they Send to Ralph
Wormeley Esq” for as many of those at his House belonging to their
Ma9 as will supply their Wants, which he is desired to deliver to their
Ordr takeing receipt for them.

This Board takeing into their Consideration that there are soe
many Young Lusty Men in this County, which noe doubt will offer
themselves Voluntiers for Rang” that none Neede be Imprest, Doe
therefore Order that none be Imprest, and that the likelyest of those
that Offer themselves to doe their Ma9 Service be taken

Co pa Vera

Test William Cole Seer.

[This proclamation is found in Vol. 1306 of C. O. 5 of the Public
Record Office — not Vol. 1405. It is No. 13.]

Virg a SS

By the R1 Honble ye Lieu1 Govern1- A proc-
Locq lamacon to prevent Seamen and Marinrs be-

Sigill longing to Ships Coming from England from

Colon Runing away from ye Ships they belong to

Whereas his most Sacred Majlie out of his tend [tender] care of ya
inhabitants of this their Mals Dominion hath been graciously pleased
to permitt a Certaine number of merchants Ships to come to this Coun¬
try to ye end their Ma13 subjects here may be Supplyed with neces-
saryes: and great care hath been taken that ye Seamen and Marin”
belonging to ye Ships, should return in ye Same Ships to England by
takeing bonds of ye Respective masters and their owners of one thous¬
and pds penalty to return ye said Seamen and Marin” to England in
ye Severall Ships they came forth in, that they may be ready to Serve
their Maty if occation should be, and it being doubted many Idle and
dissolute fellowes belonging to ye Sd Ships (as some have already done)
may mdeavor to make their Escapes from ye sd Ships, either by get¬
ting on board Some Ships or Vessells bound to some of their Ma18 other
plantacons or by Lurking about in ye Country which will be a great
prejudice to ye m” of y« Ships to which they belong for want of their
Service in ye dispatch of ye Ships in ye Country, and in goeing for
England and in Complying with their bonds also may be of a great
detriment to their ma8 Service, For prevention where of I Francis
Nicholson Esqr their Ma19 Lieu1 Govern' of This their Ma9 Dominion
by and with the advice and Consent of the Councill of State do hereby
strictly charge and Comand all and every ye Seamen and Marin18 be-

Executive Journals, Council of Colonial Virginia

169

longing to any of the Ships that are or shall come into this Colony
from England that none of them presume to Leave or run away from
ye Ships they belong to, but Carry themselves obediently to their
Comandrs and Follow ye Ships business, and ye masters of the Ships
are hereby required to use their men well, and in Case any master of
a Ship or any other officer shall abuse any man, or not allow him
Sufficient dyet as is usuall Such Seaman soe aggrieved is to make his
Complaint to ye next Justice of the peace, who is to take Care to do all
Right and Justice as well to ye men as ye master, and the masters of
all Ships or Vessells bound out of this Country to any of their Majties
plantacons are hereby Strictly Charged and Comanded not to enter-
taine on board their Ship or Vessell, or Carry out of ye Country any
of the Said Seamen or marinrs or any others but ye Seamen and mar-
in's that Came in ye sd Ship without License so to do, and all their
Mats officers and other ye inhabitants of this Country are hereby
Strictly Charged and Comanded not to Conceale or entertain in their
houses any Seaman or Seamen belonging to any of the Said Ships un¬
less they Come about their masters business, nor any ferryman to
Set any of them over a ferry without ye Comandra note, and all per¬
sons are also hereby required to take and Apprehend all vagrant Sea¬
men or ye Like that Cannot give a good account of their travelling,
and Carry him or them before ye next Justice of the peace, who is
hereby required to Send him or them if he see Cause to ye next Goal,
there to be Secured untill the master Send for him or them and pay
his or their Fees, Given under my hand and ye Seale of ye Colony this
21st day of Febry in ye Second year of ye Reign of our Sovreign Lord
and Lady Wm & Mary by the Grace of God King and Queen of Eng¬
land Scotland France and Ireland & c deffenders of ye Faith Anoque
Dom 1690 [1690-91]

To yc Sherr of.. .

County or his deputy Francis Nicholson

I Francis Nicholson Esqr their Ma* Lieu4 Governr & c do hereby
with ye advice and Consent of ye Councill as within menconed require
and order that ye respective Sherrives in this Colony in whose pre¬
cincts any Ships or Vessells shall ride do draw out a Copie of the within
menconed proclamacon & Attest ye Same under his hand to be a true
Copie, & deliver one to every master of Such ship or Vessell who is
to pay two Shill8 & six pence for ye Same, & after receipt thereof to
Cause it to be affixt in Some publick place in ye Sd Ship or Vessells.
Also that he give ye Sherriff a receipt for ye Sd Copie Given under my
hand the day & year within menconed

Francis Nicholson

Copa Vera
Test

William Cole Seer

170

Executive Journals, Council of Colonial Virginia

[C. O. 5, Vol. 1405, continued.]

Att a Councill held at James Citty
Aprill the 15th 1691

Present

The R* HonobIe Francis Nicholson Esqr
their Ma3 Lieu* Govr

William Cole Esqr Sec. John Lear Esqr

Ralph Wormeley Esqr Cr Wormeley Esqr

William Byrd Esqr Edwr Hill Esqr

Henry Whiteing Esqr

William Cole Esqr William Byrd Esqr Ralph Wormeley Esqr John
Lear Esqr and Christopher Wormeley Esqr were this day Sworne of
their Ma8 Councill of this Colony.

This day Cap4 Francis Page Clerk to the late House of Burgesses
surrendered his Comission, and declared he was ready to deliver all
the Journalls Books and Papers belonging to the Assembly to such
person as should be appointed to receive the same, Whereupon his
Honor the Lieu* Govr Proposed who was a fitt person to be appointed
Clerk in his stead, and Mr Peter Beverley having petitioned that he
might be admitted and Impowered Clerke to the House of Burgesses
It is the Opinion of this Board that he be discoursed with to finde
whether he be a fitt and proper person for the Managem* of the said
place, and the performance of their Ma8 Service therein, and accord¬
ing to his Duty give an account of the proceedings of the House of
Burgesses when thereto required.

Whereas at the last Meeting of the Councill Severall things were
refferred to be Considered at the first meeting of the Councill, and the
Gentn of the Councill not being yet all mett, they are refferred till
tomorrow, when it is hoped there will be a full Councill.

Aprill y® 16th 1691
Present as before, & Jn° Custis Esqr

Upon the Complaints of Cap* Symon Rowe Comander of their
Ma8 Ship Dunbarton, of the Insufficiency of this said Ship, and to the
End she might be repaired if possible, Severall Surveys have been made
of her, and it appeareing by the reports returned under the hands and
Seales of the Mast18 and Carpinters of the Ships in Yorke River, that
she is not in a condition for the Sea, nor to be repaired in this Country
and Cap* John Jenings Comander of their Ma8 Friggott the Experi¬
ment being of the same Judgment, also Cap* Rowe by his Letter to the
Lieu* Govr which his Honor caused to be read agreeing therewith, and
that in his Judgment it will be most for their Ma8 Service to have her
broake up, that all her Tackle, Furniture and Rigging which is any-
thing.worne be Sold for good bills of Exchange the New Sent for Eng¬
land in one of the Friggotts now here, and the Great Guns left in this
Country till their Ma8 pleasure be knowne, Now to the End that all

Executive Journals , Council of Colonial Virginia

171

due care may be taken of what belongs to the said Ship, It is Ordered
that Cap1 Symon Rowe give all the Warrant Officrs of their Ma3 three
Ships in this Country notice to meete on board of her, the 28th day
of this Instant, then and there to Survey all the Stores belonging to
her, and take a perticular account of the same, and that the said Rowe
put such part of her Rigging Sailes & c, on board their Mas Ships Ex¬
periment and Wolfe (Cap1 John Jenings being willing hereto) as he
shall See fitt, that the Great Guns, Shott, Ladles, Springes and hand
Granadoes be put a Shore for their Ma8 Service in this Country till
their Ma8 pleasure be knowne therein, also that Major Lewis Burwell,
Mr John Man, and Mr Max Robinson or any two of them doe on ye
7th of May next (in presence of Cap1 John Jenings and Cap1 Symon
Rowe who are desired to See the same performed) sell all that shall not
be thought Convenient to be Shipt for England, for good and accepta¬
ble bills of Exchange, and return the same to Mr Auditr Byrd to be by
him Sent home, And Cap1 Rowe is hereby Ordered to cause the said
ship Dunbarton to be laid on Shore where she may be out of the way
of Injuring Sloopes or Boates

Cap1 Symon Rowe Comander of their Mas Ship Dunbarton having
formerly borrowed of Nathaniell Bacon Esqr tenn barrells of their Mas
Powder Sent in for the use of this Country, It is Ordered that he forth-
wth return the said Powder to the said Nath11 Bacon Esqr

Mr Peter Beverley having been discoursed with, and it appeareing
that he is a person fitly quallified to be appointed Clerke to the House
of Burgesses, and hath promised to render an account of their Pro¬
ceedings when demanded, It is Ordered that the Clerke of the Councill
prepare a Comission for the R1 Honoble the Lieu1 Govrs signeing ap¬
pointing the said Mr Peter Beverley Clerke as aforesaid, It being the
Opinion of this Board that the Clerke of the House of Burgesses be
appointed by the Lieu1 Govr and Councill as was directed by his late
Maly King James the Second

In Consideration of their Mas Instructions, It is thought fitt that
it be onely proposed to this Assembly to take into Consideration the
Security of the Country the Easeing the Levy per poll, and the build¬
ing a house for the Govr

The R1 Honoble the Lieu1 Govr causeing the Speech he Intended
to make to the House of Burgesses at their first Meeting to be read,
the same is approved of;

Cap1 Francis Page late Clerke of the House of Burgesses haveing
Surrendered his Comission for the said Place, and Mr Peter Beverley
appointed Clerke of the said House, It is Ordered that the said Cap1
Fra: Page deliver to the said Beverley all the Journalls, Books and
papers belonging to the house of Burgesses, and take his receipt tor
them, and the same shall be his discharge

Aprill the 20th 1691
Present as before

The Councill takeing into Consideration their Sacred Ma8 Co¬
mission to his Excy the Lord Howard of Effingham, are of an Unani-

172

Executive Journals, Council of Colonial Virginia

mous Opinion that his Honor the Lieu1 Govr upon any urgent Occasion
may issue a Comission of Oyer and Terminer for Trayll of any Crim¬
inals and it appearing to this Board that there hath been lately a
Horrid Murther Comitted by one Jn° Devoll upon one Robert Peachy
of Rappahanock County, and it was perpetrated soe lately that it was
Impossible to bring him to be tryed the fourth day of this Gen11 Court,
and it would be great Charge to the Country, and very hazardous to
keepe the said Devoll least he should escape It is therefore thought
fitt by this Board that his Honor issue a Comission of Oyer and Term¬
iner for Tryall of the said John Devoll

Aprill the 21th 1691
Present as before

Mr James Minge attending this Board by Virtue of an Order of
Councill was required not to doe anything Contrary to the said Order,
but performe the same, and that he should not take the fifty pds of
tob° therein mentioned for Examining Surveys.

Richard Lee Esqr Isaac Allerton Esqr and John Armistead Esqr
three of their Mas Councill of this Colony, thro Scruple of Conscience
haveing refused to take the Oaths appointed by Act of Parliament to
be taken Instead of the Oaths of Allegiance and Supremacy, whereby
they are incapacitated to Act as their Ma3 Councill of this Colony,
and the Councill thereby reduced to Eight in Number, And their
Most Gracious Ma8 by their Instructions having been pleased to di¬
rect y1 if at any time their Councill should be reduced to fewer then
Nine Persons, their Ma8 Govr Gen11 or Comandr in Cheife for the time
being with the advice of the Councill, should call to the Councill Such
and soe many of the best and Most Substantialest of their Ma3 Sub¬
jects Inhabitants of this Colony, as should make up the aforesaid
Number of Nine persons, In pursuance therefore of the said Instruc¬
tion, And Edmund Jenings Esqr their Ma3 present Attorney Gen11
being a person of good Integrity and ability and Judged in every re¬
spect a fitt person to be added, His Honor the Lieu1 Govr is desired to
give him notice to attend at the Councill appointed to be held in James
Citty the 4th day of June next, then and there to be Sworne of their
Mas Councill of this Colony.

In Obedience to his Exoy the Lord Howard of Effingham their
Ma3 Lieu1 and Govr Gen11 of this Colony his Ordr dated the 10th day
of November 1690 requireing the sending home the Goods, Plate
Money, Jewells & c. Seized from Edward Davis, Lyonell Delawafer
and John Hinson and remaineing in the Custody of Cap1 Symon Rowe,
It is Ordrd that Mr Secry Cole in whose possession those few things
that could be discovered in Cap1 Rowes Custody, were put by an Order
of this Board doe Ship them in their Ma3 Friggot Experiment, or some
other good ship and Consigne them to his Excy the Lord Howard & c
takeing a receipt for the particulars delivered, And it is also Ordered
that Mr Secretary be Satisfied for his trouble and Charge out of the
Money remaineing in this Country, Seized from the aforesd Davis,
Delawafer and Hinson.

Executive Journals, Council of Colonial Virginia

m

His Excy Francis Lord Howard of Effingham their Ma8 Lieu* and
Govr Gen11 of this Country having by his Ordr dated ye 10th day of
Novemb1 1690 required the sending home to him the three hundred
pds of Spanish Money and ten pds of Plate left in the Custody of Ralph
Wormeley Esqr which was seized from Edwd Davis, Lyonell Delawafer
and John Hinson, and it appeareing that one hundred pds of the said
Money was by Ordr of Councill dated July ye 26th 1690, delivered for
the payment of the debts due from Lionell Delawafer and John Hinson
for Victualls and other Necessarys, and to pay their Passages to Eng¬
land, and that the Officers & c ought to be paid their Just Claimes out
of the other two hundred pds, to which End by an Ordr of Councill
dated June 3 d 1690, it appeares it was left in this Country, It is there¬
fore Ordered that the plate in the Custody of the said Ralph Wormeley
Esqr be by him put on board their Ma8 Ship Wolfe or some other good
ship, and Consigned to his Excy, and thatt after the officrs & c their
Just fees and Claimes are settled and paid, that the remainder of the
said two hundred pds be sent for Englanf the next Shipping

Whereas at a Councill held 8br 24th 1690 It was Ordered that Mrs
Frances Spencer Extx of Mr Sec. Spencer should permitt Coll Richard
Lee and Coll Isaac Allerton to Examine the said Mr See18 bookes of ac¬
counts of their Ma8 dues, and that she paid [pay] the ballance which
should be found due, to them, which they were requested to pay to Mr
Auditr Byrd this present Aprill, and noe parte of the said Ordr being
Complyed with, It is Ordrd that the sd Mrs Spencer permitt Christopher
Wormeley Esqr to Examine the aforesd books of acco*8 and that shee
pay the ballance due to their Ma8 to him, wch he is desired to pay to
Mr Audit1 Byrd in Octobr Gen11 Cort Next.

Upon the petition of Coll Phillip Lightfoot Comptroller and Sur¬
vey1 Gen11 of their Ma8 Duty of one penny per pound on tob° It is
Ordered that Mrs Frances Spencer Extx of Ni: Spencer Esqr late Col-
lectr of their Ma: Duties in Potomack deliver all the bonds and certi¬
ficates that remain in her possession belonging to the said Duty, also
that shee Suffer the said Lightfoot or such person as he shall appoint
to Examine all the bookes & accounts relateing to the aforesaid Duty.

[From C. O. 5, Vol. 1306. No. 17 or fo. 101.]

Att a Gen11 Court held at James Citty Aprill ye 29th 1691.

Present

William Cole Esqr Sec* P* [President]

Ralph Wormley Esqr Chr Wormley Esqr

Wm Byrd Esqr Edwd Hill: Esqr

Henry Whiteing Esqr

Simon Row Comander of their ma8 Ship Dunbarton as well on
behalf of their Ma8 and ye Govern1 of this plantacon of Virga as him¬
self informes, that whereas by an Act of Parliament made in ye 12th
year of ye Reign of or Late Sovreign Lord King Charles ye Second en-
tituled an Act for ye incouraging and increasing of Shipping and Navi-
tion, It is among other things therein contain’d Enacted that from

174

Executive Journals, Council of Colonial Virginia

and after ye first day of December 1660, and from thence forward no
goods or Comodities whatsoever shall be Imported into or exported
out of any Lands, Islands, plantacons, or Territories to his maie be¬
longing or in his possession, or which may hereafter, belong unto or
be in y® possession of his Mae his heirs or Success1,8 in Asia Africa or
America, in any other Ship or Ships Vessell or Vessells whatsoever
but in Such Ship or Vessell as do truely & without fraud belong onely
to ye people of England, Ireland, Dominion of Wales or Town of Ber¬
wick upon Tweed, or are of y® built [build] of, and belonging to any
ye said Lands, Islands, Plantacons, or territories, as y® Proprietors and
right Owners thereof, and whereof y® master and three fourths of y®
mariners at least are English, under y® penalty of y® forfeiture and
loss of all ye goods and Comodities which shall be imported into, or
exported out of any y® aforesd places, in any other Ship or Vessell,
as also of y® Ship or Vessell with all its guns, Furniture, Tackle, Am-
unition and apparell & c One third part to his Ma® his heirs and Suc¬
cess1"8, one third part to ye Govern1 of Such lands, Island, plantacon & c
and one third part to him or them that will sue for y® same & c as by
ye aforesd Act may at large appear. Now this inform* Saith that con¬
trary to y® aforesd Act, that on or about y® 10th day of Febry 1690:
there was imported in y® Ship or Vessell called y® Anne & Catherine,
whereof John Cruchee is master in this their Ma8 plantacon of Vir¬
ginia, Rum, Sugar, & divers other goods, and Comodities, and that y®
said Ship or Vessell exported out of their Ma8 plantacons tobacco and
other Comodities, and that y® master and three fourths of ye mariners
at least are not English, and therefore he Sayth y® Said Ship or Vessell
called y® Anne and Catherine with all her guns furniture tackle and
apparell with all y® goods and Comodities imported and exported are
forfeited & c for which he prayed Judgem* to which y® aforesd John
Cruchee master of y® aforesd Ship or Vessell appear’d and pleaded not
guilty and for tryal put himself upon his Country, So likewise y®
pi* who, viz* Mr Malachy Thruston, Mr Tho: Walk, Mr Jn° Lightfoot,
Cap* Hugh Campbell, Cap* Wm Archer, Cap* Jn° Stith, Mr John Walk¬
er, Mr Joseph Goodrich, Mr Edward Moseley, Mr Wm Haslett, Mr
Tho: Welborne & Mr Richd Gibson return for verdict we y® Jurors
having duely considered and well weighed y® whole matter to us given
in Charge do find there was John Cruchee master with eight men and
one boy belonging to ye Barke Anne & Catherine, two of y® men and
y® boy being French, but whether y® Franch boy be a Mariner within
ye Statute of y® 12th year of y® Reign of our late Sovreign Lord King
Charles ye Second, entituled an Act for ye incouragem* and increasing
of Shipping and Navigation wee most humbly submitt to Ye Judgem*
of this honobl® Court, which if it be that ye French boy be within y®
Sd Statute we find y® said Barque & appurts forfeited but if not then
we find not guilty, and it being insisted on by y® Counsell for y® def*
that y® boy is a passenger, It appearing by y® Evidence, he was
onely to work for his passage, and therefore not within y® Act of Parlia¬
ment; on Consideracon whereof and of All pleas on both sides, It is
Judgem* of this Court and accordingly ordered, that y® said Jn°
Cruchee master as aforesd give bond with good Secry of one thousand

Executive Journals, Council of Colonial Virginia

175

pds Sterl to Edmd Jening Esqr Collector of their Ma8 dutys in York
River to Sail with ye said Bark and men belonging to her directly for
London and there abide ye determination of their ma8 Court of Ad¬
miralty, to which Court ye same is humbly Submitted, and Mr Secry
Cole is ordered to transmitt a copy hereof to their Lordpa:

Co pa Vera

Test W. Edwards Cl Genii Cur.

[C. 0. 5, Vol. 1405, continued.]

May the 12th 1691
Present as before

The Burgesses of Severall Countyes in the Colony, on behalfe of
some of the Inhabitants of their Counties Complaineing that Cap4
George Purvis Comander of their Ma8 Ship Wolfe had not paid them
for the time they were Imployed in saveing the said Ship when shee
was in great danger of being lost, and the said Purvis being present
alleadged he was ready to pay them for the time they were on board the
said Ship after the rate of Eighteene Shillings per Moneth, On Con¬
sideration whereof, and it appeareing that some of the Men were Im-
presst at Such distance from the Ship that it was a day before they
could get to the River where shee lay, and then for want of a Con-
veniency could not get aboard in some time after It is the Opinion of
this Board that the Men ought to be paid for one day in goeing to and
getting aboard the said Ship, as well as for the time they were actually
on board, And to the End all due Care may be taken to know how many
dayes the severall persons ought to be paid for, It is Ordrd that they
forthwith apply themselves to the next Justice of the Peace in the
County where they dwell, who is Strictly to inquire into the same on
their Oaths, and all other proofe that can be made, and give them
Certificates thereof, for which said time upon their producing their
Certificates to the Sec4 8 office, and an acco4 given the said Purvis, It
is Ordrd that he pay them after the rate of twenty three Shillings per
Moneth, they having performed as good and as hard Service as any
Seaman could on that Occasion, and this is Conceived to be as well
for their Ma8 Service, as agreeable to Justice for if these Men should
not be paid, and ever the like Occasion hereafter happen (which God
forbid), Men would not be forced to Worke, and their Ma8 thereby
loose their Ship

May the 13th 1691
Present as before

On Consideration of the time Cap4 John Jenings Comandr of their
Ma8 Ship Experiment and Comodore of the Fleete that came from
England, hath appointed to Sayle for England with the Ships that
shall be ready viz4 the 25th of this Instant May, and being Certainely
Informed very many if not halfe the Ships that came with the Fleete
cannot be ready till the 10th day of June next, and that by that time

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Executive Journals, Council of Colonial Virginia

all or most of them will be ready, It is the Opinion of this Board, that
it is for their Mas Service that the Fleete doe not Sayle till that time,
on which the sd Cap‘ Jenings declared he would stay soe long for them,
It is therefore Ordrd that the Severall Collectrs of this Collony forth¬
with give notice hereof to the Severall Mastrs of Ships in their dis¬
tricts, that soe they may take care to get ready accordingly, and that
they Cleare all the Ships that shall be ready by the Second day of June
next, to the End they may have time to goe to Point Comfort undr
the Comand of their Mas Ships Experiment or Wolfe and be ready to
Sayle with the Fleete, also that they give Notice to the said Mast”
that if they doe not Cleare by the Second day of June aforesaid, the
tenth day of September next is appointed, and the same is hereby ap¬
pointed for the next Fleetes sayleing, their Ma* having Coman ded that
noe Ships be permitted to Sayle for Europe in time of Warr, but in
Fleetes and it will be Impossible (if the Ships whould be ready Sooner)
for them before that time to Ryde in the Salts to make up a Fleete
without great hazard and danger to them, the Wormes in the Hott
Season of the yeare biteing very violently, And it is Ordrd that the
Collect” at the Cleareing of the Shipps to Sayle the 10th of Septembr
next, take bond of the Mast” to Sayle to Poynt Comfort in James
River, and there remain till they receive Ord” to Sayle.

May the 15th 1691
Present as before
Edwd Hill Esqr absent.

This Board being informed that some Vestryes in this Colony en¬
tertain Minist” in their parishes who doe not Conforme to the Doc¬
trine and Rules of the Church of England, and that some parishes
have not Vestryes according to Law, nor Read” where Minist” are
wanting, Doe Order that for the future noe Vestry presume to enter¬
tain any Ministr in their parish who doth not in all things Comply with
the Canons of the Church of England, nor suffer any Such Minister
to Preach in their Church, and that the parishion” of every parish
wch hath not a Legall Vestry doe forthwith Elect and make Choice of
persons for a Vestry as the Law in that case directs, also that the Ves¬
try of every parish that is not provided with a Minister, doe Imediatly
make Choice of a Reader as is provided by Law

A List of the Names of the persons to be Continued, and others
to be added to the Comissions of the Peace in the Severall Counties
in this Colony were read, and the persons approved off, and Ordrd that
Comissions be accordingly forthwith prepared, and a List of Sherriffs
for the insueing yeare approved off;

On Consideration that Severall Sherriffs in this Colony have been
Negligent and very remiss in the performance and Execution of such
things as have been Comanded them by Warrants and Proclamations
for prevention whereof for the future It is Ordrd that the Justices in
the Severall Counties in this Colony doe Enter a Clause in the Condi¬
tions of the bonds to be given by Sherriffs for the due Execution and

Executive Journals, Council of Colonial Virginia

177

performance of their places, well and truely to Execute all Warrants,
Proclamations or Precepts which have or shall come to them from the
R* Honoble the Lieu* Gov* and Councill, the Lieu* Govr or Comandr
in Cheife, or any of the Councills also for the More Exacter discovery
of the Lands held of their Ma8 by the Severall Inhabitants of this
Colony, and the Certaine payment of their Ma8 Quitrents for the same.
It is Ord*d that another Clause be Entered in the Condition of the
aforesaid bond, that they diligently inquire and finde out the true
Quantity of Land held in their County by any person or persons what¬
soever, and return a true and perfect List or Rent Roll of the same to
their Mas Auditr of this Country upon oath at Such time and place
as he shall appoint

A Forme of a Comission of the Peace to be Issued to the Severall
Counties in this Colony, and Dedimuse’s for Swearing the Severall
persons Nominated in the said Comissions to be Justices of the Peace
were read & approved off

Upon Considering the Instruction directing that a Cort of Ex¬
chequer be appointed, It is the Opinion of this Board that a Cort of
Exchequer and a Cort of Admiralty are of absolute Necessity for their
Ma8 Service, and that one Judge, a Register and Marshall may be
Sufficient for both Corts, The R* Honoble the Lords Comittee for Trade
and Plantations are therefore desired humbly to Supplicate their Ma*
that Rules and Methods for the proceedings in the said Cots may be
given, there never having been either of these Courts in this Country,
and to direct what allowance shall be made the person to be appointed
Judge for his trouble Charge and Service in performing of his Duty in
the said Courts also what fees or Reward shall be allowed and paid to
the Register and Marshall for their Severall Services.

A List of the Severall persons appointed for Coronrs was read, the
persons approved off, and Comissions Ordrd to be Imediatly prepared
for the R* Honoble the Lieu* Govrs signeing.

The Severall Collect*8 of their Ma8 Duties of two shillings per hhd
of tob° are Continued; Except Richd Lee Esq* Collect* of Potomack
River, who thro’ Scruple of Conscience refused to take the Oaths pre¬
scribed by Law to be taken; C* Wormeley Esq* is appointed Collect*
in his District and his Hono* the Lieu* Gov* is desired to give him a
Comission accordingly, as also to write to the R* Honoble their Ma8
Comission*8 of their Customes to Send him a Comission to be Collect*
of their Ma8 duty of one penny per pound on Tobacco in the said
District, if they shall see fitt.

[From C. O. 5, Vol. 1306, No. 20 or fo. 108.]

The Deposition of Thomas Solley being
Examined & Sworne Saith

Being at a Called Court 7th May 1691 in a difference betweene
Christopher Thruston pit and Jn° Porter Jun* defd* at Lower Norfolk
Court the business being in debate aboute an houer, came in one Cap*
John Jenings into the Courthouse where both parties were speakeing
to their business at the Barr, & tooke the said Porter by the hair of

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Executive Journals, Council of Colonial Virginia

his head and bawled him to the Ground, and some of the Company
came to assist the said Porter, with that the said Cap4 Jenings lay’d
his hand on his Sword & drew it partly out, and presently rusht in a
parcell of Seamen & with great Clubbs and Ax or Axes & tooke ye sd
Porter and Carried him on board the boate, and presently came Cap4
Wm Craford & perswaded the said Cap4 Jenings to be pacified & let ye
sd Porter come on Shore, and that he would be bound body for body
for the sd Porters appearance before the R4 Honoble Govr then the sd
Cap4 Jenings layd his hand on his Sword & Swore a great Oath that
they were all a parcell of Rogues, and that they were all doing in¬
justice, & the sd Cap4 Jenings carried the said Porter away in his Boate,
but not knowing where, & further saith not

May ye 8th 1691 Sworn to before ye Tho: Solley

R4 Honoble the Lieu4 Govr & Councill Copa Vera

Test W Edwards Cl Con. Test William Cole seer

Rich d Harris of Lower Norfolk County Saith That yor depon4 on
the 7th of May being present at the Court Called for the decideing the
difference betwixt Mr Cr Thruston and Mr John Porter of the above-
mentioned County, he saw Cap4 Jn° Jenings, the Comodore (who came
guarded with six or seven Seamen) goe into the Court-house w'ho Im-
ediatly returned with the said Porter before him led by violence be¬
twixt two of his Men, who not onely held him by the Armes but
locked their hands in his hair, and in that manner hawled him down
to the waterside, & Clapt him on board the boate. Mr Craford Ime-
diatly followed the Comodore & told him, he would be bound body
for body for the appeareance of the said Porter, but the Comodore re¬
fused telling Cap4 Craford they were all a Company of Rogues, at
which they put of [off] their boates & rowed away, and further saith
not

May ye 8th 1691 his marke

Sworne to before the R4 Honoble the Richard H Harris

Lieu4 Govr & Councill

Test W Edwards Cl Con Copa Vera

Test William Cole Seer

Antho: Jackson Subsherriffe of Lower Norfolk Saith That at a
Cort on purpose called on the 7th of May to adjust the difference
depending betwixt Mr Cr Thruston Master of a Ship in Eliza River, &
Mr Jn° Porter Junr of the County aforesd yor depon4 was present, but
while the business was eagerly debateing Cap4 Jn° Jenings Comander
of their Mas Ship Experiment & Comodore of the Fleete came to the
County Cowhouse guarded with Severall of his Seamen who were var¬
iously Armed with Gunns, Swords, Clubbs and Baggonetts, and with¬
out one Word speakeing violently Seized the aforesaid John Porter, who
in that Action was defd4 & then pleading his own Cause at the Barr,
takeing him by the hair of the head, and haveing thrown him down
kickt at him, upon which yor depon4 (as an Officer attending the Court)
and one More comeing upp to the Comodore designeing to Speake to
him, he layd his hand to his Sword and halfe drew it, at which we both

Executive Journals, Council of Colonial Virginia

179

retreated; but the aforesaid John Porter being upon the ground, the
Seamen (yor depon* thinks about Seven in Number) boldly entered
and the said Porter forcibly Seized & Carried away and Imediatly put
him on board the Pinace and the Comodore goeing along with them,
Cap* Craford followed him to the waterside, & told him he hoped he
would answere it, yes says the Comodore that I will before Govr and
Councill, & Curseing himselfe added they were all Rogues.

Cap* Craford then desired the Comodore to put Porter on Shore,
and say’d he would be bound for him body for body, but Cap* Jenings
refuseing, the Boate Rowed away, and further saith not
May ye 8th 1691 Anthony Jackson

Sworne to before the R* Honoble ye Lieut Govr & Councill
Test W Edwards Cl Con :

Copa Vera

Test William Cole Sec*

The Deposicon of William Crafford aged 54 yeares or thereabouts
being Examined & Sworne

Sayth That being a Member of the Court of Lower Norfolk County
was sumoned by the Sherriffe of the said County to appeare at the
usuall place for holding Courts in the Towne of the said County, upon
the 7th day of this Instant May 1691 being a Speciall Court Called at
y* request of Mr Cr Thruston Master of the Ship Little John according
to the Law of this Country, in a difference depending betwixt the said
Cr Thruston pit, & Mr John Porter defd*, and the Court being mett at
the time and place appointed, the Court being Sate, and Proclamation
made in due forme of Law, pit & defd* present the Cause upon tryall
and haveing had a Serious & long debate in the matters in difference, It
soe hapned that before any Decission, or Judgm* given this depon*
heard a Noyse his back being towards the people turned about, and
did see Cap* John Jenings Comandr of their Mas good Ship Experim*
men hailing the said Mr John Porter out of the Court house, and the
said Jenings with his hand upon his Sword, with his face towards the
Court, following his Company in great haste, and suddainly hurried
the said Porter on board his Pinnace this Depon* followed Imediatly,
being greatly Surprized, and overtakeing him the said Jenings told him
he had done more then he could answere and in a high Measure had
broken the Kings peace, who answered nothing, but God Dam him or
such like Expressions, putt ye sd Porter on board his Pinnace the
Depon* being at the Waterside willed the said Jenings to leave the said
Porter on shore, & offered to be bound body for body for the said Por¬
ters Appearance before the Govr and Councill or Elsewhere to answere
to what he had to alleadge against him notwithstanding all perswa-
sions the said Jenings in his Pinnace Carried the said Porter away, and
as this Depon* heard, on board his said Ship, and put him in Irons, and
whereas the said Cap* Jenings in hopes as this depon* Suspects to Ex¬
tenuate or lessen his Crime, have given out a falce & scandalous report
that the Justices were Sitting about a table drinking strong Drinke,
This Depon* doe further depose that at that time the Court Sitting, nor
at any other time in Court time, did this Depon* see any man* of Drink

180

Executive Journals, Council of Colonial Virginia

strong or weake in the Court house, neither was there any person of
any quality then in Court, but was very Sober and peaceable to the
best of this Depont8 Knowledge, And further this Depon4 sayth not.
May ye 15th 1691 Will Craford

Sworne to before the R4 Honoble ye Lieut Govr & Councill
Test W Edwards Cl Con :

Co pa Vera

Test William Cole seer

The Dep° of Tho: Butt aged 41 yrs or thereabouts being Examined
& Sworne Sayth

That this Depon4 being a Member of ye Cort of Lower Norfolk
County was Sumoned by the Sherriffe of the said County to appeare
upon the 7th of this Instant May 1691 at the usuall place for holding
Court In the Towne of the said County, to a Speciall Court Called at
ye request of Mr Cr Thruston Master of the Ship Little John, in a dif¬
ference depending betweene the sd Thruston pit & Mr Jn° Porter Junr
defd4 the Court being mett according to the Law of this Country in
Such Cases provided and at the time and place appointed, and Procla¬
mation being made according to due forme of Law, and both pit &
defend4 present, the matter in difference being in dispute, and a long
debate thereon, on the suddain before any Judgment given to ye great
Amazement of this Depon4 did see Cap4 Jn° Jenings Coman dr of their
Mas good ship Experiment Step into the Court house & moving his
Hatt from his head, and Imediatly putting it on againe, with his hand
take hold of the sd Mr John Porter by the hinde part of his hair of his
head, and threw him backwards upon ye flore towards Men behinde
him, and then takeing hold of his Sword, turnes suddainly about and
followes those men that had taken Mr Porter who was as this Depon4
understood put on board the said Cap4 Jenings Pinace and Carried
away, And whereas the said Cap4 Jenings have pleased to asperce the
Court by reporting there was potts or such like Vessells of Drink upon
Court table before the Justices, and they drinking strong drink, This
Depon4 do further solemnly depose, that at that time the Court Sit¬
ting nor at any other time or times before in Cort times, did this depon4
ever see any manner of drink Strong or small, or any Pott Cup or Ves-
sell to Containe Drink ever usually brought into the Roome the time
of Court Sitting and perticularly at this time this Depon4 Saith, there
was not, nor can well be a more Sober Court or peaceable People then
at that time, And further Saith not

Tho: Butt

May the 15th 1691

Sworne to before the R4 Honoble the Lieu4 Govr & Councill
Test W Edwards Cl Con
Copa Vera

Test William Cole Seer

The Deposicon of Thomas Hodges Aged 54 yeares or thereabouts
being Examined and Sworne Sayth

That this Depon4 was Summoned by the Sherriffe of the County
of Lower Norfolke to appeare upon the 7th of May 1691 at the usuall

Executive Journals, Council of Colonial Virginia

181

place for holding Courts in the Towne of the said County this Depon1
being a Member of the said Court, did accordingly appeare at the time
and place appointed, it being a Speciall Court Called at the desire and
Request of Mr Cr Thruston Master of the Ship little John, In a dif
ference depending betwixt the said Thruston pit and Mr John Porter
Junr defend1 the Courte being Sate, and Proclamed according to Law,
the pit and defd1 present, and the matter then in debate but before
any Judgment given, Cap1 John Jenings Comandr of their Mas Ship
Experiment came into the Court and this Depon1 did See the said
Cap1 Jenings take hold of Mr John Porter Junr defd1 and threw him
down on the Flore of the said Roome, and the said Jenings with his Men
did in great hast hurry the said Porter away and put him on board the
said Cap1 Jenings his Pinnace, and as this depon1 heard was Carried
on board the Ship and put in Irons, and Whereas the said Cap1 Jenings
hath Scandilously given out Report that the Court had Strong Drink
before them drinking, This Depon1 doe depose that at that time nor
ever at any other time in Court times did this depon1 ever See any
Strong or Small Drinks brought into the Court in Court time, and at
that time Espec ally for that all persons of all Sorts then present were
very peaceable and Sober, neither doe this Depon1 remember he saw,
or tasted one Drop of Strong Drink in the Towne that day, this is
truth to the best of this Deponls rememberance, and further this Depon1
Saith not

May ye 15th 1691 Tho: Hodgis

Sworne to before the R1 Honoble the Lieu1 Govr & Councill
Test W Edwards Cl Con.

Copa Vera

Test WilliamCole Seer

The Deposicon of George Newton Aged 54 yeares or thereabouts
being Examind and Sworne Sayth

This Depon1 being high Sherriffe of the County of Lower Norfolk,
there being a speciall Court called at the Request of Mr Christopher
Thruston Master of the Little John, in a difference depending betwixt
the said Thruston pit and Mr John Porter Junr defd1, the Court being
mett according to Law in such Cases provided, upon the 7th of May
1691 at the usuall place for holding Courts in the Towne of the said
County, the Court being proclaimed according to Law, and both pit
and defd1 present the Cause upon tryall, this Depon1 understanding
that Cap1 John Jenings Cornand1 of their Ma3 Ship Experiment was
walkeing upon the Greene near this Depon13 house, went out of the
Courthouse, and in civility, Requested him to walk into this depon
house but Contrary to the Depon18 Expectation, the said Cap1 Jenings
asked this Depon1 what Jury he had Sumoned, a Company of Rascalls,
and said that this Depon1 was a Rascall, and that he could finde in his
harte to break this Depon18 Pate, upon which this Depon1 turned from
him, and went towards the Court, but the said Cap1 Jenings goeinS
the other way gott into the Court house before this Depon1 and had
Carried away the said Porter on board the said Cap1 John Jenings his
Pinace where this Depon1 followed them downe and saw the said

182

Executive Journals, Council of Colonial Virginia

Porter in the said Pinace, and one of the Men with a Gun presented as
a Guard, there being near twenty men with the said Cap* Jenings.
And further this Depon* sayth not

May y* 15th 1691 Geo: Newton

Sworne to before the R* HonobIe the Govr & Councill.

Test W Edwards Cl Con

Co pa Vera

Test William Cole Seer

May the 18th 1691
Present as before and Edwd Hill Esqr

Thomas Blunt is appointed Interpret1, to the Indians on the South-
side James River, David Whitley to the Indians at the head of Rapp*
River, and Wm Stone to the Indians on the head of Yorke River and
his Honor the Lieu* Govr is desired to Grant them Comissions ac¬
cordingly

For as much as it tends greatly to the Peace safety and Security
of this their Ma* Dominion and the Inhabitants thereof that the Neigh¬
bouring Indians be not perswaded or affrighted to Joyne with any Forr-
eigne Indians, And to the End the same may be prevented, and the
Indians incouraged to Continue a Friendly Correspondence, It is
Ordrd that the Interprets forthwith goe to the Severall Nations of
Neighbouring Indians in their Respective precincts, and acquaint
them It is. Expected, they in all things fully Comply with, and pursue
the directions of an Order of this Board formerly sent the said Inter¬
prets dated June the 4th 1691, and that the English will at all times
Joyne with them to protect them from their Enemies, as in the said
Order at large Sett forth

John Custis Esqr Collect of their Ma8 Duties in the Eastern
Shoare, proposeing that it is for their Ma8 Service, and Security of
their Customes that a fitt person be appointed Pilot of Smiths Island
River in this Colony (and noe other Person admitted to Pilot in the
said River unless in case of Necessity) he being required forthwith after
having brought to an Anchor any Ship, Vessell, Sloope or Shallop in
the said River to give an account thereof to the Collect1, and not to
Pilot any Ship Vessell Sloope or Shallop thorow the said River which
hath not first obtained a Lawfull Permitt, which will not onely dis¬
cover unlawfull Traders, but also Pirats & Privateers some of which
have not long since frequented the said River, On Consideration whereof
it is Ordrd that some person be accordingly Comissionated Pilot for
the said River, and that by his Comission he be injoyned to doe as is
before proposed, and Gilbert More being named by ye said John Custis
Esqr as a fitt person to be appointed Pilot, It is Ordered that a Com¬
mission be prepared for the R* Honoble the Lieut Govrs signeing ,and
it is also Ordrd that the said Jn° Custis Esqr be, and he hereby is Im-
powered upon the Death or Removeall of the said More from the said
Place, to Appoint and Comissionate a fitt person to perform the same,
till the Lieu* Govr or Comandr in Cheife be acquainted thereof, and
appoint another

Executive Journals, Council of Colonial Virginia

18.5

The Several Pilots who formerly had Comissions are Continued,
and his Honor the Lieu* Govr is desired to signe them Comissions ac¬
cordingly

Whereas the Stores belonging to their Ma8 Ship Dunbarton are
now in a Sloope at Mr Presid* Bacons, and there not being a Conven-
iency to Secure them, It is Ordered that the said Stores be carried to
the House belonging to the Fort at Tindalls Point, and there delivered
into the Custody of Mr Jn° Todd, who is hereby Ordered to receive
the same, takeing an Exact and perticular account thereof, and takeing
care that they be safely and Securely kept till further Order.

The Severall Escheato” for this Country being approved of,
It is Ordered they forthwith have Comissions.

This Board having formerly on Consideration of the State and
Necessities of this Government, humbly represented the same to their
Most Sacred Ma8, doe now according to their bounden Duties humbly
begg leave to doe the same, and to give their Ma8 a true account of
this their Ma3 Dominion, and humbly to lay before them the Neces¬
sities thereof, And Considering that if any of their Ma8 and Our Ene¬
mies should make any Attempt upon us there will be great Want of
Amunition and Armes, Especially Swords Carabines and Granadere
Armes, and if an Enemy should happen to Attack this Country by
Sea there are noe Forts of any Strength to resist them, and those that
are have no Shott or other Gunrs Stores, and their Mas Ship the Dun¬
barton being found upon a Survey of her, soe bad that shee could not
be repaired nor made fitt for their Ma3 Service, but is laid up, soe as
their Ma3 Country and the Ships tradeing here lye Open to the sur¬
prize of any Enemye, also Considering that the whole Revenue Setled
for the Support of this Governm* is the Duty of two Shillings per hhd
of Tobacco Exported out of this Country, and the Port duties of
Ships and Vessells Tradeing here, and that by the fewness of the Ships
and Vessells that have been admitted to come to this Government
there remaines now in this Country at least twelve thousand hhds of
tob°, whereby a great part of the Duty for the Support of the Govrn-
ment is unpaid, soe that the Revenue will hardly satisfye the o flic's
Sallaryes, and other yearely Charge of the Government, and if Ships
come not from England to carry the Tobacco away, a great part ol it
will be worth Noething, which will not [only] ducly lessen their Ma8
Revenue for the Support of the Governm* here, but their Ma3 Rev¬
enue in England receive great Detriment and also be a very great loss
to the Inhabitants, and inforce them to Set themselves to make linnen
and Wollen to Supply the Necessities of their Families,

Doe therefore most humbly beseech his Math to take the same
into his Princely Consideration, and to take Such Measures for the
Security of the Inhabitants of this their Ma3 Dominion and the Rev¬
enue that is Setled for the Support thereof, as in his great Wisdome
and Goodness his Ma** shall think fitt. .

The Severall Comandrs in Cheife of their Ma8 horces in this Col¬
ony Nominated and approved off, also the Deputy Comand” in Cheife
approved off, and Ordered that Comissions be forthwith prepared tor
them, and that a Clause be Entered in the Deputy Comandrs Comis-

184

Executive Journals, Council of Colonial Virginia

sion Impowering them in case of any Suddain Invasion or Insurrection
to raise all the Forces in the County and them to manage as occasion
shall require for their Ma“ and this Countryes Service, Imediatly
giveing an account of their proceedings to the R4 Honoble the Lieu4
Govr or Comandr in Cheife of the Country, and to their Comander in
Cheif, and at all times to observe and Obey Such Ordrs and Comands
as they shall receive from them or either of them

In Obedience to their Ma8 Instructions Coman ding that Care be
taken for ye easeing the Inhabitants of this Country from the trouble
of goeing far to Exerciseings and Musters, It is Ordered that the Co¬
man dr 8 in Cheife doe forme into Troopes of Horse & Companies of
Foot all the persons fitt to beare Armes in the Severall Counties undr
their Respective Comands Contriveing them as Conveniently together
as possible, not Exceeding fifty persons at the most in a Troope, and
Seventy in a foot Company, but as many Horse as possible, they being
fittest for their Mas and this Countryes Service, makeing returne of
their proceedings, and the Names of the persons appointed for each
Troope, and Compa of Foot with all possible speede to the Sec”
office, together with the Names of fitt persons to be appointed Offic”
for y e said Troopes of Horse, & Comp as of Foot, that Comissions may
be prepared for them dureing which time they are hereby Impowered
to Act as if they had Comissions, And it is also Ordered that the Co-
mandrs in Cheife take Care that all the Soldiers undr their Comands
be well furnished with Armes and Amunition according to Law, but
where any of the persons Listed for Soldiers shall appeare to them not
to be fitt, that they leave them out

This Board takeing into Consideration that there is noe Fort nor
place of defence to keepe that small quantity of Powder which re-
maines undisposed of in this Country, and that it will be great Charge
to build a Storehouse on purpose, there being noe other Stores in this
Country to put into it, also that it will be dangerous to keepe the said
Powder at one Place for fear of being blowen up or otherwise, It is
therefore the Opinion of this Board, that the best way to preserve the
same for their Ma8 & this Countryes Service, is to Cause it to be placed
in the Severall Counties of this Colony in small quantities, It is there¬
fore Ordered that the same be distributed by Warrant from the R4
HonobIe the Lieu4 Govr to the Severall Comand” in Cheife of the
forces of this Colony as hereafter is directed, and by them Securely
kept in such Convenient places as they shall finde fitt, takeing receipts
o the persons with whom they shall place the same not to make use of
any part thereof, but upon Emergent Occasion of Suddain Invasion or
nsurrection, and to Render an account of the same when demanded.

Executive Journals, Council of Colonial Virginia

185

To the Comandr in Cheif

barrlls

powdr

of Henrico County . 2

Cha: Citty County . 2

Surry County . 1

Isle of wight County . 1

Nansimd County . 1

Nansimd Fort . 1

Princess Ann County . 2

Eliza Citty County _ _ 1

Warwick County . 1

Yorke County . . 1

Yorke Fort . 4

barrlls

powdr

Ja: Citty County . 1

Ja: Citty Fort . 2

Midd* County . 1

S° Side Rapp3 County . 1

N° side Rapp3 County . 1

Lancaster County.... . 1

Northumbrld County . 1

Westmrld County... . 1

Stafford County— . 5

King & Queenes County _ 2

Accomack County . 1

Three of the above barrells of Powder to be delivered from Nath11
Bacon Esqr9, tenn from Edmund Jennings Esqr8, & tenn from Mr
Joseph Rings, being the whole in their Custodies, and Eleven at Ralph
Wormelev Esqrs being part of that in his Custody

On takeing into Consideration the returnes of their Mas Armes &
c, in the Severall Counties in this Colony, made by the Sherriffs of the
said Counties, and others in whose Custody they are, according to an
Order of Councill requireing them soe to doe, It appeares those few
there be, are almost Spoyled with Rust unfixt & c and that lyeing
Scattered up and downe the Charge of haveing them got together and
fixed here, or sent for England to be fixed, will Exceede the Reall value
of them, and their Mas thereby put to an unnecessary Charge, It is
therefore the Opinion of this Board that the onely way to make them
Serviceable is to dispose them to the Inhabitants of this Country who
are without and Cannot be Supplyed, they getting them well fixed and
keepeing them soe for their Ma8 Service, It is therefore Ordered that
the said Armes & c be by Warrant from the R* Honoble the Lieu* Govr
distributed among the Comandrs in Cheife of this Colony as he shall
See fitt (but Cheifely to the Comandrs in Cheife of the Frontier Coun-
tyes) which said Comandrs are to distribute them to the Soldiers undr
their Coman d, who are in Want as aforesd the Severall persons to
whom they are soe distributed by the said Comandrs giveing notes
under their perticular hands to keepe the said Armes well fixed for
their Ma8 Service, and in case of their removall out of the County
where they dwelt at the receipt thereof, or Death, that the said Armes
& c be returned to the Comander in Cheife or Cap* under whom they
Served, who is to dispose of them to Such as shall be in want takeing
the like Notes.

May 23d 1691
Present as before

Cap* Symon Rowe acquainting this Board that in pursuance of an
Ordr of Councill in that behalfe, the severall persons thereunto ap¬
pointed had attended and Sold as many of the Stores belonging to

186

Executive Journals, Council of Colonial Virginia

their Ma8 Ship Dunbarton as they could, but Severall of them re¬
mained undisposed of, on Consideration whereof It is Ordrd that the
said Cap* Symon Rowe carry the said remaineing Stores into James
River and there either dispose of them for good and acceptable bills of
Exchange for London to be paid to the Right Honoble the Comis-
sioners of their Ma8 Navy, or their Order, or put on board their Ma*
Ships Experiment or Wolfe to be carried for England for their Ma*
Service, but if he the said Rowe can neither put them on board one
or both of the said Ships, nor dispose of them for bills of Exchange as
aforesaid, that then he put them on Shoare at Mr William Wilsons in
Elizabeth Citty County, there to remain till further Ordr be taken
about them for their Mas Service

This Board takeing into their Considerations the best way to pre¬
serve the Shipps which shall remain in this Colony after the Fleete
now bound out are sayled also all Such as shall come into this Colony
dureing these times of Warr, there not being one Friggot in this
Country to Secure them, Doe Ordr that Proclamations be forthwith
prepared for the R* Honoble the Lieu* Govrs signeing, appointing
places in this Colony where the said Ships shall Ryde, pursuant to an
Act of Assembly in that case made and provided, also forbidding alt
persons to goe on board any Ship that shall arrive in this Colony till
shee hath performed what the Law directs and Requires.

Whereas by an Act of Assembly made at an Assembly begun at
Ja: Citty Aprill the 16th 1691 Entituled an Act for Ports for better
Securing their Ma8 Customes & c also an Act of the same Assembly
Entituled An Act for easeing the Levy per poll and laying an Imposi¬
tion on Liqrs the R* HonobIc the Lieu* Govr and Councill are autho¬
rized and Impowered to appoint Collect18 of their Ma8 Revenue arise-
ing due by Virtue of the said Acts, and their Ma8 Collect1-8 of this
Country being adjudged fittest persons to be Collect18 of the aforesaid
Revenue, they are hereby Nominated Collect” thereof in their Severall
& respective districts, they first performeing what by the before re¬
cited Acts or either of them is injoyned, and also giveing bond with
Security of one thousand pds Sterli in the Secretaries Office for their
due performance of the sd places

William Edwards Clerke of the Councill moveing that great
paines Care and trouble now lyes upon him more then in former yeares
by reason of the Frequent Councills and the good Methods and Rules
observed for the Registering all Polliticall Matters and Orders of Coun¬
cill with all other transactions of Moment of the Governm* requireing
a Constant attendance for which the present Established Sailary was
to [too] Small, and did not answere his trouble and Charge, therefore
humbly prayed some addition might be made to the present Sallary
of fourty pds per Anum as well for the yeare past, as for the time to
come, On Consideration whereof also the great paines Care and trouble
[which] now doth and for some time Since hath layen on the said
Edwards, and his diligent and faithfull performance of the same, It is
Ordered that he be paid fifty pds Sterli out of their Ma8 Revenue of
this Country for the year past, and that he be for the future paid the
like sume of fifty pds Sterli yearely as a suteable reward of his Services.

Executive Journals, Council of Colonial Virginia

187

Warrants were this day Signed in Councill by the R* HonobU
their Ma8 Lieu* Govr for the Severall sums of Money hereafter Ex-
prest, to be paid by William Byrd Esqr Audit1, out of their Mar Revenue
of two shillings per Hogshead and Port Duties to the persons hereafter
Named, the same appeareing to be Justly due viz* to his Excy Francis
Lord Howard Baron of Effingham their Mas Lieu* & Govr Gen11 of
Virga five hundred pds Sterli it being in full of his Sallary as Cheife
Govr for halfe a yeare ending on Lady day last, and to his Excy one
hundred and fifty pds Sterli for one years House Rent ending the 25th
of March last, to the R* Honoble Francis Nicholson Esqr their MaB Lieu*
Govr five hundred pds Sterli for Sallary as Lieu* Govr to Lady day last,,
to their Ma8 Councill of State of this Colony three hundred and fifty
pds Sterli for one yeares Sallary ending the 27th of Aprill last to Wm
Blaithwaite Esqr their Ma8 Audit1, and Survey1, Gen11 one hundred pds
Sterli for one yeares Sallary ending the 25th day of March last, to John
Povey Esqr Solliciter of the Virga affaires one hundred pds Sterli for
one yeares Sallary ending the 25th day of March last, to Wm Edwards
Clerke of their Ma" Councill of State for this Colony fifty pds Sterli
for one yeares Sallary ending the 13th day of Aprill last, and to him
fifteene pds Sterli paid to Severall Ministrs for their Attendance at
James Citty two Gen11 Courts & one Assembly, and to him fiveteene
pds Sterli paid to the Extx of Gawen Dunbar Gunr of Yorke Fort, to
Edwd Jenings Esqr their Ma8 Attorney Gen11 of this Colony forty pds
Sterli for one yeares Sallary ending the 20th day of Aprill last, to Coll
Wm Browne fifty shillings Sterli for Storehouse Roome for the Amuni-
tion belonging to the Fort at James Citty, to Edwd Rawlins Gunr of
the said Fort tenn pds Sterli for a yeares Sallary ending the 25th day
of March last, to Gerard Fitz-Gerard Gunr Rapp a Fort tenn pds Sterli
for a yeares Sallary ending the 25th day of March last, and to John Lyon
three pds Sterli for a yeares Salary ending the 25th day of March last
for Cleaning the Armes at Rapp a Fort.

This Board on Consideration that there is not Gunrs Stores at the
Forts in this Colony to require a Constant Attendance of the Gun' 8
at them, Doe Order that for the Future the Gunrs Sallarys be lessned,
and be as followeth viz* The Gunr at Yorke Port tenn pds, of James
Citty Fort Seven pds tenn shillings, of Rappahanock and Nansimond
Forts, each five pds Sterli per Anum, And it is also Ordered that the
Gunr of Nansimond Fort be paid tenn pds Sterli for his Sallary the
yeare past, Copa Vera

Test William Cole Secr.

Att a Councill held at James Citty June ye 4th 1691

Present

The R* Honoble Francis Nicholson Esq' their Majs L* Govr of Virga
William Cole Esqr Sec: William Byrd Esqr

Edward Hill Esqr

Edmund Jenings Esqr Sworne one of their Ma8 Councill of this
Colony, haveing first taken the Oaths appointed by Law to be taken

188

Executive Journals, Council of Colonial Virginia

instead of the Oaths of Allegiance and Supremacy and Subscribed
the Test

Edmund Jennings Esqr added

This Board takeing Notice that their Sacred Mas have beene Gra¬
ciously pleased to Send two Ships of Warr to Convoy the Merchants
ships tradeing to this Country and Maryland out and home, and have
been pleased to appoint and Comand that noe Ships in this time of
Warr be permitted to goe for Europe but in Fleetes, An account of
which Coman ds of their Mas have been sent by their Ma8 Lieu* Govr
to those that for the time being take upon them to secure the Peace
and Execute the Laws of their Ma8 Province of Maryland, adviseing
them to take Care that noe Ships depart that Province but under the
Convoy of their Ma8 Ships of Warr according to their Ma8 Express
Comands, notwithstanding which the Board understands that diverse
ship from Maryland are permitted and doe sayle for Europe, and
lately one of them was taken within one hundred Leagues of this Coast
laden with Tob° by one Beare a Pyratt, and the Ship Plundered of all
her provisions sayles and Rigging and what of her Lading they pleased,
and her Masts Cutt away soe shee Miracculously came back into this
Government, by which meanes the said Pyratt understood what pos¬
ture the Fleete here was, what men of Warr were here and what other
things might prove for his advantage in relation to this Country, all
which may prove of Dangerous Consequence to this their Ma3 Coun¬
try; And the Governm* in Maryland being soe loose that the Ships
tradeing there have all along departed when they pleased, whereas in
this Govrment none were permitted to sayle Contrary to their Ma3
Ordrs, it proves a great discouragem* to Merchants and Masters that
trade here the other haveing the advantage of the Mrkett [market]
which wee humbly Conceive makes many more ships goe to Maryland
then to this Country to the Great detriment of the Inhabitants of this
their Ma8 Dominion, This Board doe therefore most humbly pray the
R* Honoble the Lords Comittee for Trade and Plantations to take the
same into their Considerations and to represent it to their Ma3 humbly
beseeching that the same restrictions and Comands about Ships
sayleing from Maryland may be observed and Obeyed as well in Mary¬
land as in this their Ma3 Dominion, And that their Ma3 will be gra¬
ciously pleased to appoint and Ascertaine in this time of Warr what
Ships shall come from England to this Country, and what to Maryland

This Board observeing great Inconveniencies happen to the Ships
tradeing to these parts in these times of Warr, that come from Eng¬
land with Convoy, by the Ships of Warr being Limited to a Certaine
time to Sayle and depart for England, Whereas it generally happens
that the Heete bound hither arives some of them a Moneth or Six
Weekes before others, soe as it is Impossible for them to be ready by
the time Limited, which may prove of ill Consequence most part of
the Ships not being ready to Sayle with the Convoy, It is therefore
most humbly proposed that it will be for their Ma3 Service, that what
Convoys are Sent by their Sacred Ma8 into these partss, may be Or¬
dered to make Application to the Government to cause the Merchants

Executive Journals, Council of Colonial Virginia

189

Ships that come undr their Care to make all the Dispatch that possible
they can, and as soone as they are ready to depart with the said Convoy.

Mr Henry Jenkins Set forth that he became bound as Security for
John Cruchee Master of the Vessell Ann and Katherine, in two bonds
of one thousand pounds Sterli each for the said Cruchee’s performance
of Some Conditions prescribed him as Master aforesaid

And the said Cruchee being now dead, and all, or the greatest
parte of the Men belonging to the said Vessell Strangers, and he the
sole freighter thereof, soe that should they Carry the said Vessell to
any other Port then that appointed, he should not onely loose his
said Lading but also become lyeable to the payment of the said Bonds,
and therefore prayed that he might be appointed Master of the said
Vessell & have Liberty to Exchange three or four of the Marrinrs be¬
longing to her as should appeare to him to be most Convenient, and
also that the Comodore might be writt to, to make such an Exchange
with him, On Consideration whereof it is Ordered, that the said Jenkins
be Master of the said Vessell for this present Voyage for London, and
as he shall See occasion have Liberty to Exchange Some of the Men
belonging to her, and if His Honor rhe Lieu* Govrs Indisposition shall
hinder his being at Kiquetan at the Sayleing of the Fleete as he now
resolves, Mr Secretary Cole is hereby Ordered to acquaint Cap* Jen-
ings the Comodore of the Fleete that it is the desire of this Board he
Exchange such Men as the said Jenkins shall request, and take partic¬
ular Care of the aforesaid Vessell, which wee Conceive will be for their Ma3
Service the said Vessell being undr bond to answere before the Lords of
the Admiralty whether shee be Navigated according to Act of Parlia¬
ment or not, and also hearing halfe the said Vessell and part of her
Lading belongs to Jacob Leslier of New Yorke who is Condemned for
high Treason and Murder.

And it is further Ordrd that the said Jenkins Imediatly after his
arrivall waite upon the R* Honoble William Blaithwaite Esqr Secretary
of their Ma8 Plantations.

Gawen Dunbar Gunner of their Ma8 Fort at Tindalls Point in
Yorke River being lately dead, Edward Malyn is appointed Gunner
thereof, and Ordrd that he take possession of the said Fort, and the
House and Stores belonging thereto, and Act therein accordingly.

June the 5th 1691
Present as before

John Page Esqr Collect* of their Ma8 Duties in the upper District
of James River this day tooke the oaths appointed to be taken instead

of the Oaths of Allegiance and Supremacy.

Co pa Vera
Test

William Cole Sec*

190

Executive Journals, Council of Colonial Virginia

Att a Councill held at James Citty July ye 30th 1691

Present

The R* HonobIe Francis Nicholson Esqr Lieu* Govr
William Cole Esqre Sec. Cr Wormeley Esqre

Ralph Wormeley Esqre Edwd Hill Esqre

John Custis Esqre Henry Whiteing Esqre

William Byrd Esqre Edmd Jenings Esqre

His Honor the Lieu* Govr having reced from his Excy Coll
Sloughter their Ma“ Govr of New Yorke & c, a Letter with an Order
of Councill of that Place and Copies of Agreements made by them
with the Maquaes, Oneydes, Omondages, Cayouges, Sinickees,
Schackhooke, [Schaghticoke] River Indians, and the praying Indians
of the three Tribes or Races of the Maquaes, the Examinations of
Severall Indians, Copies of Letters from Mr Livingston, Mr Wessells
and Mr Glenn, and also having received Letters from the HonobIe
Frederick Phillips, Nich° Bayard, Silv. Courtland [Stephanus Van
Cortlandt] Wm Smith and William Nicholls Esq” and James Graham
Esqre Caused them all to be read, And that Government having de¬
sired Men from this Colony for the defence of Albany, His Honor
caused their Ma8 Instruction about Aideing the Neighbouring Plan¬
tations, disposeing of their Ma8 Revenue and Quit-Rents, and the
Instruction relating to the Advancement and Security pf this Country
to be read, the Consideration of all which is refferred till tomorrow
His Honor the Lieu* Govr acquainted this Board that Complainte
hath beene made to him, that Cap* George Purvis Comander of their
Ma8 hired Ship Wolfe hath not paid any of the Men who did him the
great Service to save his Ship when shee was aground betweene Yorke
and Rapp* Rivers, and had there been certainely lost had not the In¬
habitants of this Countrey assisted, which the said Purvis owned, and
before the Councill Board promised he would pay them, and was also
Ordered soe to doe, which his failure may be of ill Consequence, and
great discouragement to the Inhabitants of this Countrey to Serve
their Ma8 for the future, His Honor therefore proposed what Method
should be taken therein the Consideration whereof is refferred till to¬
morrow

July the 31th 1691

This Board having taken into their Serious Consideration the
Letter, Order, and other papers from New Yorke read vesterday in
Councill, also their Ma8 Instructions, And the Government of New
Yorke having desired that this Government would send and Maintaine
one hundred and fifty Souldiers at Albany to be assistant in defending
that Place from Our Enemies the French and Canida Indians, to be
there by the 10th of Septr next, and to Send Agents with them to Con¬
cert about Carrying on the Warr, and raiseing a fund by all their Ma8
Plantations on the Maine, and also about renewing Our Peace with
the five Nations, and what the Indians Expected to be performed on
Our Parts.

Executive Journals, Council of Colonial Virginia

191

This Board will upon all occasions be most ready as far as possible
to assist any of their Mas Plantations for their Mas Service, but con¬
ceive that it will be a most difficult matter to raise and Carry Souldiers
from this Colony to Albany, and not possible to be done by the 10th of
Septr but as to the fitting those Souldiers out and mainetaineing them
as is proposed in the Order of the Govr and Councill of New Yorke,
this Government is in noe manner Capable of, having noe Fund at all,
and their Mas Revenue here which is appropriated for the Support of
the Governm1 will hardly defray the Charge thereof, this time of Warr,
and their Mas possitive Instructions are that the Revenue shall not be
Anticipated, and noe Souldirs are or can be paid here but by An As¬
sembly who cannot meete in less then fourty days, and then at a great
Charge, and Wee believe (as hath been found by their answere to the
Lord Effingham on the like proposition from Coll Dongan late Govr
of New Yorke) they will not be perswaded to raise anything to defray
the Charge of another Government, but will think it sufficient to maine-
taine a Force to defend all their owne Frontiers at the heads of the
Rivers which are of a large Extent, and is a very great Charge at this
time, and the five hundred pounds that was sent by his Lordship was
out of their Ma8 Quit- Rents of this Colony, and whether the same will
be allowed is not knowne, the Audit" account not being passed, and
by particular Instructions from their Sacred Ma8 noe part of their
Ma8 Quit Rents are to be disposed of, but by their Ma8 Express Co-
mands, soe as this Board Cannot disburse any Money out of the Quit
Rents, with out their Ma8 Especiall Order,

But that Wee may be as much assistant as we are Capable, and
in renewing the Peace with the five Nations of Indians, and incourage-
ing them to be faithfull to the English, in assisting them against the
French and Canida Indians, It is thought fitt by this Board, And his
Honor the Lieu1 Govr is desired to Order Ml Auditr Byrd by Joh Parry
the Messenger sent from New Yorke, to send to his Excy the Govr of
New Yorke the sume of One hundred and two pounds fifteene shillings
and Nine Pence Sterli, which is all the Money that remaines in banck,
of their Ma8 Revenue appropriated for the Support of this Government
which his Excy is desired to cause to be disbursed in such manner as
he shall think fitt for renewing the Peace in the Name of this their Ma8
Dominion with the five Nations of Indians, and in incourageing them
to be Couragious against Our Enemies.

Whereas by an Order of Councill dated May the 12th 1691 Cap1
George Purvis Comander of their Ma8 hired ship Wolfe, upon the pe¬
tition of the Burgesses of Severall Counties on behalfe of the Inhabi¬
tants of the said Counties was Ordered to pay the Severall persons that
assisted in the saving the said Ship, when shee was like to have been
lost betweene Yorke and Rapp a Rivers, which he haveing failed to per-
forme may be of very dangerous Consequence to the Peace and quiett
of the Inhabitants of this Colony, And to the End the great abuse put
on this Country by the said Purvis (who before the Councill promised
payment to the Severall persons Concerned) may be publickly dis¬
covered and payment made out of his Estate, or the Estates of the
Owners of the aforesaid Ship Wolfe, It is Ordered that Proclamations

192

Executive Journals, Council of Colonial Virginia

forthwth issue setting forth the whole Case, and requireing all persons
within this their Ma8 Colony, to give an account what of the Estate
of the said Purvis, or of the Owners of the aforesaid Ship is in their
Custody or possession to the Sherriffe of the County where they dwell,
who is forthwith to returne the same to the Secretrs Office that due
Care may be taken for payment of the Severall persons Concerned.

Whereas Cap1 George Purvis Coman der of their Ma3 hired Ship
Wolfe, when the said Ship was aground betweene York and Rapp3
Rivers, and in great danger of being lost, had Severall Men Imprest,
thro whose assistance the said Purvis Owned the sd Ship was saved,
and promised them payment for their great Services before this Board,
which he having failed to performe, and Severall People in four or
more of the Counties of this their Ma8 Colony being injured thereby
Occasions great Clamours in the whole Countrey, and may prove of
very dangerous Consequence to the Peace and quiett of this their Ma8
Dominion, for the appeaseing whereof and keepeing Steady their Ma8
Subjects in performing their Respective Duties to their Ma8 in the pre¬
servation of the Peace of this Colony in these times of danger, and in-
couragement of them if any occasion shall hereafter happen, Proclama¬
tions are putt forth requireing all the Inhabitants of this Colony to give
an account what of the Estate of the said Purvis, or of the Owners of
the aforesaid Ship Wolfe is in their Custody or possession, to the End
as much of the Money due to the Severall persons Conceirned may
be paid as possible, but being very senceable that Estate of the said
Purvis, or of the Owners of the aforesaid Ship Wolfe will not be found
in this Country to satisfye halfe what is due, Doe most humbly rep¬
resent the same to the R1 Honoble the Lords Comittee for Trade and
Plantations, the R1 Honoble the Earle of Nottingham their Ma8 Prin-
cipall Secretary of State, and his Ex°y Francis Lord Howard of Effing¬
ham their Ma8 Lieu1 and Govr Gen11 of Virg3, who are humbly de¬
sired to represent the same to their most Sacred Ma8, and humbly be¬
seech their Ma8 to Order a Stop to be put to parte of the aforesaid
Ships pay till it be returned from hence how much shall remaine due
to the Inhabitants of this Colony the next Shiping, or so to Act therein
as in their Ma8 Princely Goodness shall be found fitt.

It appeareing there is due to Tho: Loyd Esqre President of Pen-
silvania Six pounds Sterli, the same being by him disbursed for the
Redemption of an Appamatuck Indian who by Order of this Board he
was desired to send to this Government, and which he hath now done,

It is therefore Ordered that William Byrd Esqre their Ma8 Audit'
pay the aforesaid sume of six pounds Sterli to the said Loyd out of
their Ma8 Revenue of this Government,

And it appeareing reasonable that Jn° Parry who brought the
said Indian from Pensilvania be paid three pounds Sterli for the same,
It is Ordrd that Mr Audit' Byrd pay him the said sume out of their
Ma8 Revenue of this Countrey.

Joseph Whitchurch Master of the Pomroy of Bristoll and two
other Masters of Ships by their petitions Set forth, that they used their
utmost indeavours to Lode their Ships to Saile with the last Fleete,
but it having pleased God to visitt their Mien with Sickness they were

Executive Journals, Council of Colonial Virginia

193

prevented getting ready in time, but were now ready, and understand¬
ing that the Ships which were left in Maryland when the last Fleete
sailed, are Since gon, soe that none either in that Government, or this,
remained to make up a Fleete to Saile in September as was appointed
by Order of Councill, And for that if they should Stay till Septr they
might not have Men left to Carry them out they daily falling Sick
Prayed that they might be admitted to Sayle, On Consideration
whereof as also that the R‘ Honoble the Lieu1 Govr Signified to those
who for the time being take Care for the preserveing the Peace, and
Administring the Laws in their Mas Province of Maryland the time
appointed for the next Fleetes Saileing, which they have taken noe
Notice of, nor returned answere to, and John Custis Esqre acquainting
this Board that not long Since, Six or Seven Ships Sailed from Mary¬
land, and being well assured from others that there are very few Ships
left in that Government, soe that a Fleete cannot be made to Saile in
September as was appointed, and those few Ships left bound to Sev-
erall parts of England, and of noe force, Doe Order that the Colleact”
Cleare all Ships as they shall gett ready;

And to the End that for the future the same Restrictions may be
observed and obeyed in their Ma8 Province of Maryland, as are in
this Government, The R‘ Honoble the Lords Comittee for Trade and
Plantations, the R1 Honoble the Earle of Nottingham their Mas Prin-
cipall Secry of State, and his Excy Francis Lord Howard of Effingham
their Mas Lieu1, and Govr Gen11 of this Colony are humbly Suppli¬
cated to lay the same before their most Sacred Ma8 that their Ma8 may
take Such Methods therein as in their Princely Wisdomes they shall
think fitt.

It being Judged Necessary and Convenient for their Ma8 Service
that the Militia be setled as soone as possible, Doe Order that the Co-
mandrs in Chiefe doe by the last day of Aug‘ returne to the Secretaries
Office the names of fitt persons to be Commissionated Captaines, Lieu¬
tenants and Cornetts of Horse, and Captaines Lieutenants and En-
signes of foot in the respective Counties of this Colony.

Commissions for Comanders in Chiefe, Captaines, Lieutenants
and Cornetts of Horse, Captaines Lieutenants and Ensignes of Foott,
Collect” Escheators and Coron” were read and approved of also the
Instructions to the Collectors which they are Severally to pursue in
their Districts

Severall of the persons appointed Justices of the Peace for New
Kent County, haveing refused to be Sworne, and those that are Sworne
presenting others, desireing they may be added to the Comission of
the Peace of that County, and the Severall persons presented being
approved of, It is Ordered that they be added to the Commission of
the Peace of the said County.

Whereas by a former Order of this Board Coll John Armistead
was desired to veiw and Judge what the House built upon the Fort
Land at Tindalls pointe was worth and report the same, which not
being done Coll Henry Whiteing and Coll Lawrence Smith are desired
to veiw the said House, and report the worth of the building thereof,
to the Councill at their Next Meeting, under their hands

194

Executive Journals, Council of Colonial Virginia

Aug4 the 1 8t 1691

A Warrant signed by Coll John Stone one of their Ma8 Justices
of the Peace for Rapp a County, requireing and Comanding the keepeing
their Ma8 Peace in that County was read, and approved of, and it
being for their Ma8 Service, It is Ordered that he forthwth issue the
same

It is Ordered that William Byrd Esqre and Edward Hill Esqre
have Such of their Ma8 Armes as they shall think fitt, from John Page
Esqre and Mr Joseph Rings, or either of them, giving receipts for such
as they shall take, and disposeing of them as is directed in a former
Order of this Board.

A Pilotts Comission to Pilott Ships in the Rivers of this Colony
was read and approved of,

This Board takeing into their Serious Consideration the great
charge this Country is at in Keeping Rangers at the heads of the four
great Rivers in this Colony to Secure the Inhabitants from being Sur¬
prized by the French or Indians, also the Poverty of the Inhabitants,
who thro the fewness of Ships that come to fetch away our onely
Comodi ty Tob°, have so little for their Tob° that they are hardly able
to finde themselves with very Ordinary Cloathing, nay Such is the
Exegency of Severall familyes that not one in the family hath a whole
Shirt, and should any Attempt be made upon this Country the Charge
would fall heavy on Such poor people, and be very neare the utter
ruine of Many of them, and for that noe Remedy can be had here,
the R4 Honoble the Lords Comittee for Trade and Plantations the R4
Honoble the Earle of Nottingham their Ma8 Principall Secry of State,
and his Excy Francis Lord Howard of Effingham their Ma8 Lieu4 and
Govr Gen11 of Virga are humbly Supplicated to represent the same to
their most Sacred Ma8, and most humbly beseech them to Order that
the 102 lbs. 15 s. 09 pence Sent to the five Nations of Indians in
their Ma8 Government of New Yorke to Confirme and Continue Our
Peace with them and to incourage them to assist that Government
against the French and Indians may be allowed out of their Ma8 Quit-
rents of this Colony, and that there Ma8 Quitrents here be not dis¬
posed of, unless to the use of this their Ma8 Dominion, for if Ships
should faile of comeing to fetch away our Tob°, here will not be one
penny to defray the Contingent Charges of the Govrnment, now paid
by the two shillings per hhd and Port Duties, unless their Ma8 be Gra¬
ciously pleased out of their great goodness to Ordr the payment thereof
out of their said Quitrents.

Co pa Vera

Test William Cole Secr.

[From C. O. 5, Vol. 1306, No. 51 or fo. 313.]

By ye R4 Honble their Ma8 L4 Governr,
Loco Whereas their Ma8 hyred Ship Wolfe Whereof

Sigill Cap4 George Purvis was Comander was run

on ground in ye Bay between York and Rappa
Rivers, being in great danger of being utterly lost, and notice being

Executive Journals, Council of Colonial Virginia

195

given by ye Said Cap1 Purvis (of ye danger of Looseing their Ma8 Said
Ship, to their Mas Officers of ye Counties of Glocester Middx & c de-
sireing Assistance of men, Sloopes and boates to be aiding & assisting for
ye Saveing ye Said Ship, accordingly many men Sloopes and boates
were Imprest for that Service and by y® Chearfull and ready Endeavour
of y® S d men and Assistance of ye Sloopes and boates many days, all y®
Gunns Amunicon provision & c were taken out of y® Said Ship, y®
water baild and pumped out, and Shee gott off, without which help
Shee must have been utterly lost, & after ye Burgesses of y® Severall
Counties of Glocester & c Complaining to myselfe and ye Councill on
behalfe of y® Inhabitants of their Counties that ye men that were
Imprest for y® Saveing y® Sd Ship, were not paid by Cap4 Purvis, nor
y® owners of y® Sloopes or boates, and Cap4 Purvis, being present did
faithfully promise that all Just Satisfacon Should be made to y® men
& to ye owners of y® Sloopes and boates for y® good Service done by
them, and then publickly owned that y® sd Ship had been utterly lost
had it not been for y® help and Assistance of y® Inhabitants of this
their Mas Dominion, Notwithstanding which fair promises of y® Said
Cap4 Purvis, Complaint is made that he hath not made Satisfaccon
to y® sd men, nor owners of y® Sloopes and boates for y® great Services
done, Now to ye end all persons Concerned may be Satisfied, and their
Ma8 good Subjects encouraged to be Ready, upon all occations to give
their Assistance for their Ma8 Service,

I Francis Nicholson Esqr their Ma8 L4 Govern1, of this their Ma8
Dominion of Virginia by & with y® advice and Consent of their Ma3
Councill of this Colony do declare and make known that care Shall be
taken that all y® persons Concerned, owners of Sloopes and boates that
were Imployed in this Service Shall be paid and Satisfied, & to that
end I do hereby Strickly Charge & require y® Sherriffs and all other
their Ma8 officers in ye Respective Counties in this Colony to make
dilligent inquiry what Estate either in Sloopes boates goods or debts,
there is in their Counties belonging to y® sd Cap4 George Purvis, or
y® Owners of y® Sd Ship Wolfe, and in whose hands and possession y®
same is & ye persons that are Indebted, & return a true acco4 of ye
Same in to y® Secrys Office before y® third day of y® next Gen11 Court,
& all persons in whose hands or possession any of y® sd Estates are, or
that are any waies undebted to y® sd Purvis, or y® owners of y® aforesd
Ship, are hereby required in their Ma8 names to give an acco4 of y®
same forthwith to y® Sherriff of y® County where they Inhabit, to y®
end y® sd Sloopes boates or other Estate of y® Sd Cap4 Purvis, or y®
owners of y® aforesd Ship, may be secured and proceeded against for
paymen4 of what is Justly due to y® persons aforesd for their Sd Serv¬
ices & c hereof no person or persons Concerned are to fail at their
perrills, Given under my hand and y® Seal of y® Colony this first day
of August in y® 3d year of y® Reign of our Sovreign Lord & Lady Wil¬
liam and Mary by y® grace of God King and Queene of England Scot¬
land France and Ireland defenders of y® Faith Annoque Dom 1691
God Save y® King & Queene Fr. Nicholson
Vera Copa

To y® Sherriff of .

County or his deputy William Cole Seer

196

Executive Journals, Council of Colonial Virginia

[C. O. 5, Vol. 1405, continued.]

Att a Councill held at James Citty Octobr 16th 1691

Present

The R4 HonobIe Francis Nicholson Esqre their Ma8 Lieu4 Govr
William Cole Esqre Secry Cr Wormeley Esqre

William Byrd Esqr* Edwd Hill Esqre

Edmd Jenings Esqre

His Honor the Lieu4 Govr this day produced an Order of the R4
Honoble the Lords Comi44ee for Trade and Plantations relateing to
the Seizure of the Ship Society of Bristoll, dated at Whitehall the 28th
of May 1691, and not being a Number of the Councill now present,
Mr Secry Cole being a person conceirned, the Consideration thereof
is refferred till a Number of the Councill be present according to their
Ma9 Instructions

Octobr 20th 1691
Ralph Wormeley Esqre added

Ordered that an Order be prepared for the R4 Honoble the Lieu4
GoV9 signeing to be directed to the Sherriffe of Norfolk County re¬
quiring him to give publick Notice in the said County, and perticu-
lerly in the Churches thereof, that all persons who can give any account
of the Arrivall of the Ship Society of Bristoll in the yeare 1687, the
disposeing of the Negroes, Elephants teeth & c brought in, in her, or
the Casting away of the said Ship, appeare at James Citty the 29th
day of this Instant, to Testifye their knowledge therein, also requireing
the said Sherriffe, to Sumons the four first in the Comission of the
Peace who were of the Court on tryall of the said Ship, mr George
Newton the then Sherriffe, and the Clerke of the Court (who is to
bring the Records of that Tryall with him) and all Evidences on the
said Tryall to appeare at the time and place aforesaid, that soe a full
and perfect acco4 of all the transactions relateing to the Seizeing and
Condemnation of the said Ship & c may be had, and the said Order
being prepared and read is approved of; And for that Princess Ann
County in the yeare 1687 was parte of the aforesaid County an Order
being prepared for the R4 Honoble the L4 Gov” signeing to be Sent to
the Sherriffe of that County was also read and approved of.

Octobr 30th 1691

Mr Robert Caufield who sometime Since applyed himselfe to the
R4 Honoble the Lieu4 Govr, on behalfe of the Owners of the Ship So¬
ciety of Bristoll desireing that the Condemnation of the Negroes Ele¬
phants teeth & c that were brought into this Colony in the yeare 1687
in the said Ship, might be Examined, and the true State of all things
relateing thereto returned for England according to an Ordr of the
R4 HonobIe the Lords Comittee for Trade, and Plantations, and prom¬
ised to pay the Charge thereof, yesterday before this Board refused to

Executive Journals, Council of Colonial Virginia

197

be Concerned, this day declares that he will as Agent for the said
OwnrB manage the same, & pay all Charges, but for that some of the
wittnesses Sent for were Sick, and others out of the way that they could
not be Sumoned to appeare at this time, a full State of the Matter can¬
not now be made as was Intended, and is therefore refferred to the
next meeting of the Councill.

Octobr 16th 1691

A Friggott viz* the Henry prize being arrived in this Colony to
attend the Government, It is thought fitt that the Cap4 of her be sent
for to be here on thursday next, and to bring with him his Comission,
and all the Ordrs he hath, that Such Methods may be taken as shall
be for their Mas Service, the Safety of this their Ma" Dominion and
Ships and Vessells tradeing here

Octobr the 22th 1691

Cap1 Richard Finch Comander of their Ma3 Ship the Henry prize
his Comission Ordrs and Instructions was read, and the Ordrs of the
R* HonobIe the Comissionrs for Executing the Office of Lord High Ad-
mirall of England Ordered to be Registered in the Councell Booke.

Cap* Richd Finch Comander of their Ma3 Ship the Henry prize
proposeing that he should have Occasion to make use of a Pilot for
the said Ship sometimes, desired it might be Considrd how he should
be paid, and for that the Cap*3 of all their Ma3 Ships that have been
in this Countrey have alwaies paid the Pilotts they have had ocassion
to use, It is the Opinion of this Board, that any Pilott the said Finch
shall make use of, be by him paid as hath been Customary; And the
said Finch also proposeing that he presumed it would be for their Ma3
Service to have a Sloop built, which might Run from place to place
and prevent frauds in their Ma3 Customes, and otherwise be serviceable
to their Ma3, desired some assistance of Money from this Colony to¬
wards the building of one, On Consideration whereof, It is the Opinion
of this Board it will be for their Ma8 Service to have a Sloop built as
is proposed, but cannot raise Mony to pay for the doeing part thereof,
but will give other Assistance that shall be needfull.

It being proposed to this Board what place would be most Con¬
venient for their Ma3 Service for their Ma3 Ship the Henry prize to
Ride in, are of Opinion that it will be most for their Ma3 Service for
Cap* Richard Finch with the said Ship to Ride in the Bay over against
the Mouth of York River, wind and weather permitting, & to Examine
all Ships or Vessells that shall come in or goe out, and be very diligent
in lookeing out, And if it should happen that any Enemies that he is
not able to deale with should come in, he Imediatly sayle with their
Ma3 Ship Henry prize up Yorke River above the Platforme, and goe
out againe as soon as he Andes the danger over, and take especiall
Care that their Ma3 Duties be Secured according to the Acts of Trade
and navigacon, Ordering his Men that he shall Send on board any Ship
or Vessell, to carry and behave themselves Civilly to all persons and
take nothing by way of present or Compultion, and that the said Finch

198

Executive Journals, Council of Colonial Virginia

make Seizure of noe Ship, but such as he shall finde good reason for,
and after Seizure not to release any but by due course of Law, and at
all times to give the R4 HonobIe the Lieu4 Govr, a perticuler acco4 or
Journall of all his transactions; And that he take especiall Care to
Examine all New England and Maryland Vessells.

Whereas upon the goeing away of the former Convoys to the
Fleetes, severall differences did arise betweene the Cap48 and Inhabit¬
ants of this Colony, about the pay for entertaineing and dyeting Sick
Men put on Shore, for prevention whereof for the future, It is Ordered
that before any sick Men be Sent to any persons house an agreement
be made for the same before a Justice of the Peace of that County, and
whereas severall persons as well ashore as on board Ships have been
Imprest by the said former Convoys, and Complaints made of the
same, It is thought fitt and accordingly Ordered, that the Convoys
Expected with the next Fleete, or private Men of Warr, doe not Im¬
press any Man, without first obtaining leave from this Government soe
to doe, which leave upon Application, and it appeareing to the R4
Honoble their Mas Lieu4 Govr to be for their Mas Service, his Honor is
desired to give, It being oftentimes Impossible for the Councill to
meete to Joyne with his Honor in the doeing thereof.

Octobr 16th 1691

His Honor the Lieu4 Govr this day proposed, that the Council^
would Consider the best way for disposeing of their Mas Quit Rents
of this Colony, and being but few Councill present the Consideration
thereof is referred till next Weeke, when it is hoped there will be a full
Councill,

Octobr 20th 1691
Henry Whiteing Esqre added

On Consideration of the R4 Honoble the L4 Govrs proposall, which
would be the best way to dispose of their Mas Quitrents of this Colony,
it is the Opinion of this Board that the onely way to advance them is to
dispose of them by way of Outcry on fry day next, when the most people
this Court will be present, and to the End, the same may be made
knowne, It is Ordered that the Clerke of the Councill give publick
notice thereof, by causeing a Certificate to be sett up at the Gen11
Courthouse Doore, where all people may see the same.

Octobr 30th 1691

On Consideration that their Ma8 Quitrents of the Land in Ac¬
comack County cannot be sold, It is Ordered that the Sherriffe of the
said County cause all the Quit rent Tobacco, to be brought to three
or four Convenient Landings in the Bay, and be paid the Charge
thereof out of them, this being adjudged the likeliest way to dispose
of them for their Ma8 best advantage

Major Arthur Allen who went with Coll Phill Ludwell Govr of
North Carolina when he first went to that Government, being asked

Executive Journals, Council of Colonial Virginia

199

what he knew relateing to the bounds thereof, answered, that he saw
on the Records of that place, a Grant as it was called, which was
bounded to the Latitude of 36°, and another Grant which they called
their second Grant, and came to the Latitude of 36 to the best of his
Remembrance,

Octobr 22th 1691
John Custis Esqre added

L* Coll Thomas Milner who went with Coll Phill Ludwell Govr
of North Carolina, when he first went to that Government, being asked
what he knew relateing to the bounds thereof, answered, that he hath
Notes of the bounds of the Second Grant the Proprief3 Deputies of
North Carolina pretend to have, It is therefore Ordered that he forth¬
with Send Copies of the said Notes to the R* Honoble the Lieu* Govr,
And that he make observations whereabouts the Lines of the said pre¬
tended Grant will Runn, and return the same to the Clerke of the
Councill at James Citty as soone as possible,

Octobr 20th 1691

This Board takeing into their Consideration, that the Line be-
tweene this their Mas Governm*, and the Proprietrs Government of
North Carolina not being Setled, Occasions great dissatisfaction to
the Inhabitants adjacent thereto, And for that this Government, hath
alwaies Granted Lands to the Latitude of 36, and never any Grant, or
Comand hath forbidden the same, nor Claime made on this side that
Latitude, till of late some of the Officrs of the Government of North
Carolina have disturbed the Inhabitants, demanding Levies and Quit
Rents from them, pretending the Proprieters Grant is to the Latitude
of 36 & 3d2> which is to the great discouragem* and dissatisfaction of
those Inhabitants who have many yeares Since obtained the Grants
of those Lands, and lived and Inhabited thereon, The R* Honoble the
Lords Comittee for Trade and Plantations, their Ma8 Principall Sec¬
retary of State, and His Excy Francis Lord Howard of Effingham their
Ma8 Lieu* and Govr Gen11 of Virga are therefore humbly Supplicated,
to represent the same to their most Gracious Ma8 .And that it will be
a great Lessning of their Ma8 Revenue of Quit Rents of this Colony,
and will cause great Alteration in the long and well formed Setlement
of that parte of this Government, by takeing away a great parte of
Severall Counties, and leaveing such a Small Slipe of Land in this
Govrnmt, on the southside of James River, as will be difficult to frame
in a good Method, and the Land soe taken away not Convenient for
the Government of North Carolina, byeing far from any Conveniency
of goeing to it by Water, Except they come into this Governm*

Octobr 20th 1691

For that Ordrs out of England relateing to the bounds of this Col¬
ony are Expected by the Fleete, It is Ordered that the Line appointed
by the Generali Assembly to be Run on the Southside of James River,

200

Executive Journals, Council of Colonial Virginia

and at the heads of the Rivers, be Suspended till the next meeting of
the Assembly.

October 17th 1691
John Lear Esqre added

William Syre petitioning that he might be appointed Pilot for
Yorke River, Edmund Jenings Esqre is desired to inquire into the said
Syres ability to performe the same, and if he shall find him Capable,
signifye it to the R4 HonobIe the Lieu4 Govr, who is desired thereon to
grant him a Comission.

On Consideration that it is absolutely Necessary that when any of
their Mas Collect1,8 of this Colony shall dye, or otherwaise be removed,
that all the bonds for Ships or other papers relateing thereto in their
Custody, be delivered the person that shall Succeede in the said Office,
It is Ordered that Richard Lee Esq” late Collector of Potomack Dis¬
trict in this Colony, forthwith deliver all Such bonds or other papers
in his possession to Cr Wormeley Esqre their Ma8 Collect1, of the said
District, And if Mra Frances Spencer Ex4x of Nicholas Spencer Esqre,
late Collect1, of the said District, have not delivered the bonds and other
papers relateing to Ships to the said Richard Lee Esqre, that shee also
deliver them to the said Cr Wormeley Esqre upon his demand.

October 27th 1691.

The Respective Collect” of their Ma8 Revenue of this Colony, hav¬
ing presented their Severall Securities, for their due paym4 of the
Money they shall receive for the Duties on Liqrs, Furrs, and Skinns,
according to two Acts of the last Assembly, they are approved of, and
their bonds Ordered to be Registered in the Secretaries Office.

Octobr 30th 1691

His Honor the Lieu4 Govr recomended to the Collect” of their
Ma" Customes in this Colony, to have an especiall Care that the Acts
for Trade and Navigation be duely put in Execution, also that they
would carefully observe the Severall Laws of this Colony, and Ord” of
Councill relateing to Trade & c, perticulerly the Law about Furrs-
and the Order about the discovering the true quantity of hhds of To¬
bacco carried out of this Colony, and that they take good bonds where
Occasion shall be

October 20th 1691

Mr Edward Chilton this day Sworne their Ma8 Attorney Generali
of this Colony, for which place he had a Comission from the R4 Honoble
the Lieu4 Govr, by an with the advice of the Councill, upon the Re-
movall of Edmund Jenings Esq”, to be one of their Ma8 Council of
this Colony

Findeing it for their Ma8 Service that this Government be ac¬
quainted with all Grants made of the Northern Neck, It is Ordered

Executive Journals, Council of Colonial Virginia

201

that Mr Richard Whitehead Deputy of Coll Phillip Ludwell Attorney
or Agent for the Propriet18 thereof, be Comanded to appeare before
this Board, and upon his Oath declare what Grant or other papers he
hath in his Custody, and whether the Grant be made under the broad
Seale or Privy Seale; and what Pattents have been granted, since the
Grant in A no 1669

October 21th 1691

This Board takeing into their Serious Consideration the good and
well being of this Countrey, and in Order thereto understanding that
the Grant of the Lands in the Northern Neck to the Proprietrs thereof,
was lately brought within four Miles of James Citty, but was never
produced to the R* Honoble the Lieu1 Govr, or any of the Councill,
And it being the Opinion of this Board that it is for their Ma8 Service,
that the Government be acquainted with the Contents of the said
Grant, and how the same is Authenticated, Do Order that Mr Richard
Whitehead in whose possession the same is (as he acknowledged) doe
on thursday the 29th day of this Instant, produce the said Grant be¬
fore this Board; as also an acco* of the severall Grants of Land in the
said Neck made by the Proprietrs Deputies from the yeare 1669 to
the last of May 1690

October 29th 1691

Mr Richard Whitehead pursuant to an Order of this Board dated
the 21th Instant, produced the Pattent granted to the Lord Culpeper
for the Lands in the Northern Neck under the Broad Seale of England
in Greene Wax, and the same being Compared, agreed with the Record
thereof in the Secrs Office, And the said Whitehead also produced an
acco* of the Grants made by the Proprietrs Deputies since the yeare
1669.

October 24th 1691

It is Ordered that all Rights for Land any person hath be proved
at this or the next Generali Court, or in the respective County Courts
in this Colony, and returned to the Secry9 Office by the 6th day of the
next General Court, and soe every General Court either prove
their Rights or return them proved as aforesaid, by the 6th day
of the Generali Court, and whoever shall faile soe to doe, shall loose
the advantage of haveing their Rights allowed; And the County
Courts are Ordered to be very Carefull how they Grant Certificates,
there being as is conceived a very Great abuse in that Matter, and the
same being pursuant to their Ma8 Instructions to prevent the takeing
up of great quantities of Land.

It is Ordered that the like Proclamation about Seamen as was
sett out the last yeare, be forthwith prepared for the R* Honoble the
Lieu* Govrs signeing to be sent to the present respective Sherrififs of
this Colony that Copies thereof may be by them sett up in all Ships
according to the direction of the said Proclamations.

202

Executive Journals, Council of Colonial Virginia

It is Ordered that a Clause be entered in the Sherriffs Comissions
for Collecting their Ma8 Quit Rents of this Colony, strictly requireing
them to return a full true and perfect Rent Roll, of all the Lands held
in their respective Counties of their Ma8 ,and if any of the Owners of
the said Lands live out of their Counties (not having Tenants on the
Land nor Effects in the County) that they return the names of the
Owners of such Land, with the place of their dwelling, and the quan¬
tities of Land soe held, to their Ma9 Audr in Aprill Generali Court
when they make up their accots.

October 27th 1691

It being represented to this Board that severall persons keepe
Indians without obtaineing Lycence soe to doe, It is Ordered that the
respective Sherriffs of this Colony inquire into the same within their
Counties, and return an acco* of all Such persons to William Edwards
Clerke of the Councill forthwith,

Severall of the persons appointed J ustices of the Peace in the Re¬
spective Counties of this Colony, haveing refused to be Sworne, some
thro Scruple of Conscience, and others for other Reasons, there is a
Necessity of appointing others, and this Board haveing Considered
and Nominated the likeliest persons to serve their Ma8 in the said
Place, It is Ordered that Commissions be forthwith prepared for them,
to be signed by the R* Honoble the Lieu* Govr,

The Names of the Severall persons to be appointed Comission
Officers of their Ma8 Militia in this Colony were read, the persons ap¬
proved of, And his Honor the Lieu* Govr desired to grant them Com¬
issions.

On Consideration that in the hard Season of theyearenow Come-
ing on, it will be very difficult for the Rangers at the heads of the Rivers
to Continue Rangeing, also that it may be hoped, noe Enemy will
offer any Attempt dureing the Winter, and that the Countrey may be
eased of the great Charge, in keepeing soe many Men in pay when
absolute Necessity doth not require, It is thought fitt and accordingly
Ordered, that the Comanders in Chiefe of the Frontier Counties, issue
their Warrants to the Lieu*8 of the Rangers, requireing them, on the
15th of November next to discharge the Souldiers under their respec¬
tive Commands, untill the first day of March next, at which time (or
sooner if the R* HonobIe the Lieu* Govr, the Comand18 or Deputy Co¬
manders in Chiefe of any of the Frontier Counties, finde cause to Order
them, they are not to fail of proceeding to Range, And to the End the
Tobacco already Levied for the Rangers, more then will be due to them
at the time they are Ordered to leave off, may be Secured, It is Ordered
that each Lieu*, Order the Souldiers under their Command, pay for
the time they shall have been in Service, and keepe the remainder
in his own possession till further Order, and return to the R* Honoble
the Lieu* Govr an acco* of each mans proportion and what remaines,
together with a Journall of his proceedings since they first began to
Range, And an account how far they have proceeded in the markeing
the Roade at the heads of the Rivers, And It is further Ordered that the
Comanders, and Deputy Comand18 in Chiefe, give Orders to the In-

Executive Journals, Council of Colonial Virginia

203

habitants of the Frontier Counties, to be very vigilant and stand upon
their their Guards, to prevent any Suddain surprizall, as was di¬
rected in a former Order from this Board.

October 30th 1691

The Interpreters to the Indians, their Comissions prepared for
the R* Honoble the L* Govrs signeing, were read and approved off.

October 29th 1691

Mr Secretary Cole acquainting this Board, that William Edwards
the present Clerke of the Generali Court desired to leave the said Place,
and he therefore proposed Capt Miles Cary as a fitt person to manage
the same, desireing the Opinion of this Board therein, And the said
Cary being approved of, It is Ordered that tomorrow Just before the
Adjournment of the Generali Court, he be Sworne Clerke

The R* HonobIe the Lieu* Govr Claimed on behalfe of their Mas
that the Clerke of the Councill should be appointed by the Govr and
Councill, and Nominated William Edwards as a fitt and proper person
to performe the said Place, to which the Councill Unanimously agreed
haveing already had tryall of his Just and faithful performance of the
said Office, It is therefore Ordered that a Comission be forthwith pre¬
pared for the R* Honoble the Lieu1 Govrs signeing, And the Consid¬
eration who shall be appointed Clerke of the Generali Assembly is
refferred till the Assembly meete there being noe occasion for a Clerke
before, the R* Honoble the L* Govr having likewise on behalfe of their
Ma8 Claimed that the Clerke of the Generali Assembly should be ap¬
pointed by the Govr and Councill,

October 30th 1691

His Honor the Lieu* Govrproposeing whether it would be for their
Ma 8 Service, and good of this Countrey that the Assembly should begin
at the time appointed, or not, On Consideration whereof, It is the
Opinion of this Board (pay for the Rangers being Levied but for a
yeare, and being times of Eminent danger) that the Assembly meete
to Consider of such things as may be for the Glory of God, the Honor
of their Ma8 and the Peace and Welfare of this Colony, And to that
End it is Ordered that Writts be prepared in Convenient time, for the
R* HonobIe the L* Govrs signeing.

Copa Vera

Test W. Edwards Cl Con.

Examd

William Cole Seer

204

Executive Journals, Council of Colonial Virginia

[C. O. 5, Vol. 1306. N° 60 or fo. 332.]

Information ag1 Brandys Imported in the Biscay Merchant
Att a Gene11 Court held att James Citty Octobr ye 24th 1691

Present

Ralph Wormeley Esqre prsident
John Custis Esqr Chrispr Wormley Esqr

Wm Byrd Esqr Edward Hill Esqr

Jn° Leare Esqr Henry Whiting Esqr

Edmund Jenings Esqr

William Cole Esqr their Majta Collector of their Customes in ye
Lower District of James River humbly gives this Court here to under¬
stand and be informed that one Cap1 Miles Cary his Deputy & by his
Comand on ye 19th day of 7br last or thereabouts at ye mouth of War¬
wick River in James River seized & to ye use of our Soveraignes Lord
& Lady King William & Queen Mary ye Gover of this Colony & of
himselfe ye Said Wm Cole did arrest three pipes of brandy of ye goods
& Chatties of one Luke Lopdell for that the aforesd three pipes of wine
were about ye 8th of 7br aforesd Imported into this Colony in ye Ship
Bisca Marchant ye sd Luke Lopdell being then & Nowe master for
wch noe Cocq1 Sufferance or warrant was had obtaind or produced
Contrary to y® forme of the Statute in that case made & provided, &
for yx y® said Luke Lopdell did not make a true & perfect
Inventory or Invoyce of the Ladeing of his Ship, the Sd three
pipes of wyne not being included therein, Contrary likewise to
y® forme of one other Statute, wherefore the aforesaid Wm Cole prayes
the Advice of this Cort in ye Premises aforesd, and that the aforesd
brandy & Ship with all her Gunns, tackle furniture Ammunition &
Apparrell may be forfeited for the aforesd offence, & that y® Sd Wm
Cole Esqr may have the third part thereof according to y® forme of ye
Statutes, and Edward Chilton yr Mas Attor: Gen11 comes into Court
& prayes ye Disposall of the other 2 parts of ye said Goods & Ships & c
according to y® Said Statutues, & y® Defd1 by Arthur Spicer his Attor¬
ney comes into Cort & for plea Saith that true it is that the three pipes
or peices of brandy were by him Imported & Confesses that he had
noe bill of Store or Cocq1 for y® Same but that he bought ye Sd brandy
at y® towne of Deale of y® marchants there, & brought ye Same on
board for y® use of his Ships Company being then in the Kings Service
& Acquainted the Collecr that he had brandy on board, & of this he
putts himselfe upon his Countrey, to which their Mas Attor Gen11 re-
plyed that y® sd brandy was Seized in a Shallop & soe Consequently
was Designd for marchandize & the Jury being Sworn, Viz1 Majr Ar¬
thur Allen, Mr Wm Dymer Cap1 Richd Johnson, Mr Geo: Williamson,
Mr Jn° West. Mr Ben Clements, Mr Tho: Cotton, Mr Peter Evans,
Mr Richd Willis Mr Tho: Ballard Mr Hen Fox, Cap1 Hen Batts, return
for Veredict, Wee find by the Confession of Cap1 Lopdell that he
brought three pipes or peices of Brandy into this Countrey without any
Cocq1 Sufference or Warrant for y® Same, & wee likewise find by y®

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Executive Journals , Council of Colonial Virginia

Acknowledgm4 of ye Honoble Mr Secrry Cole that ye Said Lopdell Did
at ye time of his Entrey Acquaint him he had brandy on board but it
was for y e use of himselfe & Comp a without menconing any Quantity,
but whether that be soe particular an Acco4 or Invoyce as ye Law di¬
rects wee humbley Submitt to yor Honor, being as wee conceive not
within our Inquiry on Consideracon whereof & all pleas on both sides,
It is ye Opinion of this Cort that the three pipes or peices of brandy are
forfeitt for want of haveing a Cocq4 for them but wether the Ship & c
are forfeited or not, is humbley Submitted to ye R4 Honoble the Lords
Comittee for trade & plantacons the Sd Lopdell haveing been in their
Ma8 service & Alleadging that he had but litle time after the takeing
itt in before he was Comanded away, & that it was onely for ye use of
the Ships Comp a & the Sd Wm Cole Esqr being Asked owneing that the
last time ye Sd Lopdell was in this Country he had a bill of Store for
80 gall8 brandy & two hhds of wine, And it is Ordered that ye said
Lopdell give bond with good & sufficient security of 1000 lbs Sterln to
answer ye Same before their Lordsp3

Vera Copia

Test Miles Cary Cl Genii Cur

This was given by Mr Miles Cary, Clerke of the Generali Courte
to mee

Fr: Nicholson

Att the Honoble Nath11 Bacon Esq” Novemb1 6th 1691

Present

The R4 Honoble Francis Nicholson Esqre their Ma8 Lieu* Govr
William Cole Esqre Secry Edmd Jenings Esq”

His Honor the Lieu1 Govr causing three Letters sent to him, from
the R4 Honoble Comissionra of their Ma8 Customes, dated Aprill 6th
1691, Aprill 9th 1691, and May 13th 1691 to be read, giveing an account
of some Ships that sailed directly from Scotland to this Coast, and noe
such being known to be arrived in this Colony, It is thought fitt that
Cap4 Richd Finch, Comander of their Ma8 Ship the Henry prize, goe
to Maryland with the said Ship, and be very diligent in indeavouring
to discover the aforesaid Ships, or any other falce Traders, that they
may be proceeded against according to Law.

Att a Councill held at Tindalls point Decembr 8th 1691

Present

The R4 HonobIe Francis Nicholson Esq” their Ma8 Lieu4 Govr
William Cole Esq” Secry Edwd Hill Esq”

William Byrd Esq” Henry Whiteing Esq”

His Honor the Lieu4 Govr caused to be read, a Letter from Cap4
George Mason Deputy Comander in Cheife, of their Ma8 Forces in
Stafford County, wherein he gives an account that he had in his Cus-

206

Executive Journals, Council of Colonial Virginia

tody six strange Indians who were taken by the Rangers in the Woods
about thirty Miles above the Inhabitants of Stafford County, which
Indians it was supposed had Robbed severall Corne Fields on the
Frontiers of the aforesaid County, killed a Mare, and done severall
Injuries in Mens Stocks, On Consideration whereof as also of the Ex¬
amination of one of the Rangers, who was at the takeing the said In¬
dians, and declares that it being in a Snow they followed a track of
people from the aforesaid Mare, to the Place they tooke the said
Indians at, and found noe other track, It is Ordered that Cap4 George
Mason send the aforesaid six Indians, to the Sherriffe of James Citty
County with a safe Guard, who is safely to Secure them till the Gen11
Assembly, and take especiall Care to keepe a Sufficient Guard over
them and finde them Victualls and fire; And to the End a full account
may be had off all Evidences and Circumstances against the said In¬
dians, It is Ordered that the said Mason before he send down the said
Indians, doe cause all the Justices, and Militia Officra of the aforesaid
County, to be sumoned to meete and take the Indians Examinations,
and all Evidences that can be had against them, which Evidences the
said Mason is to indeavour to discover, and cause to appeare before
the aforesaid Justices, and Militia Officers, And the said Mason is fur¬
ther Ordered to return to the Secrs Office, (when he Sends the said In¬
dians to James Citty) the depositions of all the Evidences, and all Cir¬
cumstances that shall appeare to the aforesaid Justices and Militia
Officers to be Materiall against the said Indians, and to take care that
noething be taken from the said Indians, but their Armes and Amuni-
tion, which are to be safely kept till further Order, And if it shall be
judged by the said Justices and Militia Officers, that any of their Gunns
may have been taken from the English, that those Guns be sent to
James City by the fourth day of the next Gen11 Court.

Forasmuch as certaine Indians have been taken by the Potomack
Rangers, and Complaints made that severall Injuries have been done
in the Stocks of the Inhabitants of the Frontiers of Stafford County,
It is Ordered, that notwithstanding an Order hath been Sent from this
Board, to call in the Rangers at the heads of the Rivers, thereby to
ease the great Charge of the Countrey, and that all the Rangers (Except
those in Stafford County) are discharged, noe Complaints being made
from any place, that if the Justices and Militia Officers of Stafford
County when they meete, to take the Examinations of the Indians
that were taken, and depositions against them, doe finde it for their
Ma8 Service, and Security of this Countrey, to Continue the Rangers
there, that then Cap4 Mala: Peale and Cap4 George Mason Deputy
Comanders in Chiefe of the aforesaid County, doe issue their
Order to the L4 of the Rangers requireing him and the Souldiers under
his Comand, to Continue their Rangeing till further Order, and to be
very Carefull and diligent in performeing their Duties.

On Consideration that it may be of ill Consequence, and indanger
the breakeing the Peace, betweene the Inhabitants of New Yorke, and
the five Nations of Indians (those Nations as it is reported being very
wavering, the French at Canada haveing indeavoured, to perswade
them to be on their side) if this Government should cause the six

Executive Journals, Council of Colonial Virginia 207

strange Indians taken by the Rangers of Potomack, to be Imediatly
proceeded against, it being supposed they belong to the five Nations
at New Yorke, The R‘ Honoble the Lieu1 Govr is therefore desired
after the Examinations of the said Indians, and depositions Ordered
to be taken against them, are returned his Honor, to write to the Gov-
ernm{ of New \ orke (by a Messenger to be sent on purpose) and give
them an account that six Indians are taken in this Government, which
are supposed to belong to the five Nations in Amity with them, but
for that it is reported the said five Nations are very wavering, and
should they breake the Peace made with them, it might be of bad
Consequence (in these times of Danger) to that Government, the said
Indians are kept, that they may inquire of the five Nations, whether
they want any Such Indians, and if they doe, know the Reasons why
they come on our Frontiers, Contrary to the Articles of Peace made
with them, and return an account to his Honor, what the said Nations
say, that this Government may know how to proceede against the
aforesd six Indians

The R‘ Honoble the L‘ Govr is desired, to write to those who at
present take Care, to preserve the Peace of their Ma8 Province of Mary¬
land, and acquaint them that by an Indian belonging to one of the
Inhabitants of this Colony, lately escaped from a parcell of Strange
Indians, who about August last carried him away, Wee have an ac¬
count, those Strange Indians are harboured, and furnished by the
Indians and Inhabitants of that Province, with Armes, Amunition
& c And for that the said Strange Indians, doe much Injury to the
Inhabitants on the Frontiers of this Colony, they for the future take
care, that the said Indians be neither harboured, nor furnished by their
Inhabitants or Indians.

This Board takeing into their Consideration the good and well
being of this Countrey, and in Order thereto, findeing it Necessary to
know, whether any of the Inhabitants of this Colony, trade with the
Strange Indians, which aftentimes comes on the Frontiers of Stafford
County, and for what, where the said Indians trade most, where they
are furnished with Powder and Shott, and what Correspondence they
hold, with the Piscataway and Pomunky Indians in Maryland, Doe
Order that the Justices and Militia Officers of Stafford County, when
they meete, to take the Examinations of the Indians lately taken, doe
full Inquiry make into the abovesd perticulers, and return an account
thereof to the Secretaries Office, when the aforesaid Indians are Sent;
And Cap1 George Mason is Ordered not to send the said Indians, till
after this Inquiry be made, that soe the same may be sent down by
the persons who bring them, to prevent the Charge of another Messen¬
ger.

For asmuch as a certaine time is appointed for the Rangers to be¬
gin to Range in the Spring of the yeare, or sooner if Occasion require,
It is Ordered that the Comanders in Cheife, doe give them Orders to
observe the former directions and Instructions given them.

It is Ordered that the respective Comanders in Cheife in this Col¬
ony, doe forthwith issue their Orders, requireing that all fines on delin-

208

Executive Journals, Council of Colonial Virginia

quent Souldiers be levied according to Law, and disposed of, as is
directed by a former Order of this Board.

An Order prepared for the R1 HonobIe the Lieu1 Gov” signeing,
concerning the Militia of this Colony, and another about the Stones
brought into York River, for the use of the Fort there, were both read
and approved of.

The R1 Honoble the Lieu1 Govr caused to be read a Comission ap¬
pointing L1 Coll John Smith, Cap1 of a Troope of Horse, in Glocester
County all Virginians, and the said Smiths Lieu1 and Cornetts Com¬
missions being read are all approved of. As also a Commission ap¬
pointing Lieu1 Coll° Samuel Bridger to be Captain of a Foot Company
of Virginians in Isle of wight County, and his L1 and Ensignes Com¬
issions.

On Consideration that severall Sherriffs have failed, to make re¬
turn of their publishing some Proclamations, and Publick Orders sent
them, and doeing what in them was required, It is Ordered that for
the future the respective Sherriffs of this Colony make returne to the
Secretaries Office, of their due Execution of all Public Instruments, by
the sixth day of the next Gen11 Court, after receipt of them.

This Board takeing into their Consideration, that by their Mas
Instructions it is Comanded, that noe Ships or Vessells be permitted
to saile in time of Warr, to any of their Mas Dominions in Europe but
in Fleets, also that some few Ships that have come to this Countrey,
have been permitted to Saile as they got ready, they not being a Num¬
ber Sufficient to make a Fleete, of noe Force, and bound to Severall
Ports in England, And those in Maryland not takeing any Notice of
the Methods taken here, but have at all times permitted their Ships
to Sayle as they got ready; but to the End all due Obedience may be
paid to their Ma8 Instruction, there being a Fleete Expected from Eng¬
land, It is Ordered that after the Arrivall of the first Ship that came out
of England with the Fleete, noe Ship or Vessell bound to Europe as
aforesaid, be permitted to goe out of the Capes of this Colony before
the said Fleete, And that this Order may be punctually observed,
His Honor the Lieu1 Govr is desired, to write to those who for time
being take care to preserve the Peace of their Ma8 Province of Mary¬
land, and give them an account of the Methods taken here, And to
Order Cap1 Richd Finch Comander of their Ma8 Ship the Henry prize,
to be very Carefull that noe Ship or Vessell bound to Europe as afore¬
said goe out, and if any Ship or Vessell from Maryland shall Indeavour
the same, under pretence of goeing to some of their Ma8 Plantations,
he bring them into some Harbour, in one of the Rivers in this Colony,
there to remaine, till it appeare whether they be bound to Europe or
not; And it is Ordered that none of the Collect” in this Colony Cleare
any Ship or Vessell, to goe to any of their Ma8 Plantacons, but such
as the greatest part of their Loding shall be provisions or Lumber,
And his Honor the L1 Govr is requested to write to the respective Col¬
lect” to be very Carefull herein.

The R1 Honoble the Lieu1 Govr proposeing Severall things for
their Ma' Service, but there not being a full Councill now present,

Executive Journals, Council of Colonial Virginia

209

the Consideration of them is refferred, till the next meeting of the
Councill.

Co pa Vera

Test William Cole Seer

[C. O. 5, Vol. 1306, N° 69, or fo. 345.]

Virga ss

By ye R* Honoble their Mas LlGovr A proclamacon to
prevent Seamen & marin” belonging to Ships Comeing
from England from running away from ye Ships they
belong to

Whereas by Certaine intelligence from England, it is manifest
that his most Sacred Maty is graciously pleased out of his tendr Care
of ye Inhabitants of this their Ma8 Dominion to permitt any merchants
Ships to come to this Country that will, to ye end their Ma8 Subjects
here may be Supplyed with necessaries and it being reasonable to Ex¬
pect that ye Like care will be taken (as was ye Last year) that ye Sea¬
men & Marin” belonging to ye Ships should return in ye same Ships
to England, by takeing bonds of ye respective masters & their Owners
to that purpose, that soe ye sd Seamen & marin” may be ready to
serve their ma8 if occasion should be, dnd it being doubted many Idle
& desolute fellows belonging to ye Ships (as Some did ye Last year)
may endeavour to make their Escape from ye sd Ships * * * * *

* * [This proclamation continues in the same words as those
found in the proclamation of February 21, 1690-1, till near the end,
when, after the words “pay his or their fees”, the proclamation reads-]

* * I do hereby require & Comand that ye respective Sherriffs
of this Colony in whose precincts any Ship or Vessell Shall Ryde, do
draw out Copies of this proclamacon & attest ye Same under his hand
to be true Copies, & deliver one to every master of Such Ship or Ves¬
sell, who is to pay two shillings six pence for ye same, & give ye Sherr
a receipt for ye sd Copie & after ye receipt thereof Cause it to be affixt
in some publick place in ye sd Ship or vessell

Given undr my hand & ye Seal of ye Colony this 8th day of De¬
cember in ye third year of ye Reign of our Sovereign Lord & Lady Will¬
iam & Mary by ye grace of God King & Queen of England Scotland
France & Ireland defend” of ye faith Annoq Dom 1691

God Save ye King & Queen
To ye Sherriff of . .

County or his Deputy Fr: Nicholson

Co pa Vera

Test W Edwards Cl Con :

Ex: William Cole Seer

210

Executive Journals, Council of Colonial Virginia

[C. O. 5, Vol. 1306, N° 70, or fo. 347.]

Ord' to the Sheriffs touching ye Militia and Ordr touching Stores & ca
By the R4 Honoble the L4 Govr

For asmuch as it is doubted some of the Orders sent to the Deputy
Comanders in Chiefe of the respective Counties of this Colony, and
other Militia Officers, have by accident miscarried there not haveing
been that due return of them made as was required, I doe therefore
hereby Charge and Comand you, that you Imediatly goe to the Dep¬
uty Comandr or Comanders in Chiefe of yor County, and acquaint
him or them It is my Express Order, And I doe hereby Order that he
or they return to the Secrs Office by the sixth day of the next Gen11
Court, or sooner if a good Oppertunity Offers attested under his or
their hands, an acco4 of all the Orders have come to his or their hands,
and have been Sent to the respective Officers under his or their Com¬
and, or Indian Interpreters; that thereby I may know which have mis¬
carried, and Care be taken for his or their Speedy haveing such, that
soe he or they may not faile of any part of the Duty Incumbant on him
or them, for want of those Orders, which may be great detrim4 not
onely to yor County in perticuler, but to the Countrey in Generali,
also that he or they return an acco4 of the Powder in yor County, and
the Names of the persons in whose possession the same is, and take
Care that none be disposed of, but according to the former Ordrs of
my selfe, and their Mas Honoble Councill of this their most ancient
Dominion.

And I also Order that you require the respective Cap43 of Horse,
Dragoones and foot within yor County, to return to the Secrs Office by
the aforesaid sixth day of the Gen11 Court, or sooner if a good Conven-
iency presents, attested under their hands and the hands of the re¬
spective Comission Officers, an Exact List of the Names of the Sould-
iers under their Comand, how armed, and what Colours, Trumpetts
and Drums belongs to each Troope and Company, also what Ordra
they have received from their Comander or Deputy Comander in
Chiefe, and whether there be any persons fitt to beare Armes within
their respective precincts, not Listed, their Names, and in what qual-
lity they are Capable to Serve, And I doe hereby further Order that
they take all possibleCare the Souldiers under their comands be fur¬
nished with Horses Armes and Amunition according to Law, herein
you are not to faile as also to make due return of yor proceedings to the
See48 Office by the aforesaid sixth day of the next Gen11 Cort, or sooner
if a good Conveyance happens, Given undr my hand this 8th day of De-
cembr 1691

To the Sherriffe of . Fra: Nicholson

or his Deputy Cope Vera

Test

W Edwards Cl Con:
William Cole Seer

Executive Journals, Council of Colonial Virginia

211

By the R4 Honoblc the L4 Govr

For asmuch as certaine Stones sometime since, were brought to
Tindalls Point in Yorke River for the use of the Fort there, which said
Stones or the most part of them, there not being then present Occasion
to use them, have been Carried away, and there being now an Occasion
for the said Stones for their Ma* Service, I doe hereby Order that
the respective persons in whose Custody or possession any of the said
Stones are give a perticuler account of them under their hands, and
return the same to the Secrs Office by the sixth say of the next Gen11
Court, and whoever shall faile soe to doe, shall be proceeded against
according to Law, And to the End a true discovery may be made who
hath any of the said Stones, I doe hereby Order, that every person
whatsoever who shall know where any of them are, doe give an acco4
thereof to the Sherriffe of the Couhty they dwell in, And I doe hereby
further Order that the respective County Coiirts and Sherriffs in this
Colony, make diligent inquiry within their Counties after the said
Stones, and return an account of their proceedings to the Secrs office,
by the aforesaid Sixth day of the next Gen11 Cdurt, and that this, my
order, may be publickly known, I doe hereby require you to publish
the same at the next Court to be held for yor County, Given under
my hand this 8th day of Decembr 1691
To the Sherriffe of . .

County or his Deputy. Fra: Nicholson

Co pa Vera

Test W Edwards Cl Con.

Exam

William Cole Seer

Att a Councill held at James Citty Janry 27th 1691 [1691-2]

Present

The R4 Honoble Francis Nicholson Esqre
their Ma8 Lieu4 Govr

William Cole Esqre Sec. Cr Wormeley Esqre

William Byrd Esqre Edward Hill Esqre

John Lear Esqre Henry Whiteing Esq™

Edmund Jenings Esqre

The Orders made at the Honoble Nath11 Bacon Esqrs and at Tin¬
dalls point read and approved.

William Edwards Sworne Clerke of their Ma8 Councill of this
Colony.

Upon the Motion of William Edwards Clerke of their Ma3 Councill
of this Colony, It is Ordered that he take the Councill Records and
other papers belonging to that Office into his Custody, and Mr Sec:
Cole is desired to Order the Clerke of his Office to deliver the Chest in
which they are locked to the said Edwards.

The R4 Honoble the Lieu4 Govr proposeing to this Board whether

212

Executive Journals, Council of Colonial Virginia

by the Charter, the Houses and other appurtinances on Land found
to Escheate to their Ma’ be to be granted with the Land for the Con¬
sideration of two pounds of Tob° per Acre, the Consideration whereof
is refferred to a full Councill.

The R4 Honoble the Lieu4 Govrs proposeall whether it be for their
Ma8 Service, and good of this Country that the Ships which Ryde in
Maryland should fetch Tob° out of this Government to transport for
England or other places, is referred to a full Councill

The R4 Honoble the Lieu4 Govra proposall about their Ma9 Quit
Rents of this Colony refferred to a full Councill.

The Writts for the Burgesses meeting at James Citty the first day
of Aprill next prepared for the R4 HonobIe the Lieu4 Govrs signeing
were read and approved.

Cap4 Adam Mantrue Master of the Ship Bengali Marchant have-
ing by direction of the R4 HonobIe the Lieu4 Govr and Councill put in
writeing what he knew relateing to the London Fleete bound to this
Colony, made Oath thereto.

Cap4 John Tufton Mason, Cap4 Robert Tufton Mason, and Mr
William Deth haveing by direction of this Board put into Writeing
what they severally knew of a Vessells saileing directly from New
England to France and her return, and of the Condition of New Eng¬
land made Oath to the same, and being bound for England, each per¬
son promised (when it shall please God they arrive, ) to go to their Ma8
Plantation Office at Whitehall and acquainte the Honoble William
Blathwaite Esqre Secretary of their Ma8 Plantations with what they
know of the aforesaid perticulers, And this Board takeing into their
Consideration that Jordan the Master of the New England Vessell
mentioned in the aforesaid persons depositions, according to their dis¬
cretions of him, is an Irishman and known Papist, and having lived
in this Colony very well knoweth all the Rivers and Harbours in this
Countrey and their Ma8 Province of Maryland, and that if the French
should gett Piscattaway in New England (which will not be very dif¬
ficult for them being assisted by soe knowing a Pilott, and the people
in noe Condition of resistance as by the aforesaid depositions is de¬
clared, it will be of very dangerous Consequence not onely to all New
England, but to Maryland, and this their Ma8 Colony, the same is
therefore most humbly represented to their Most Gracious Ma8 Con¬
sideration, and doe most humbly begg their Ma8 to take into their
Royall Consideration the defenceless Condition of this Colony if an
Enemy should come against it; and for that here is noe place of de¬
fence in this Colony to Secure Stores in, by reason the Inhabitants doe
not live in Townes, but are disperst far asunder, Doe humbly pray
their Ma8 that instead thereof the Armes formerly humbly desired be
sent, And that if their Ma8 shall not finde fitt to send a fire Ship to
this Government, they will be graciously pleased to Order Materialls
for one to be Sent, that if Occasion should be (which God forbid) the
best defence possible may be made.

This Board takeing into their Consideration that the last Session
of Assembly An Act passed for Ports, which wee were in hopes long
Ere this to have received their Ma8 pleashure about, and for that many

Executive Journals, Council of Colonial Virginia

213

people are building on the Land laid out for Ports, soe that in all proba¬
bility it is likely there will be houses Sufficient for the End designed
by the said Act, their Mas are humbly Supplicated to signifye their
pleasure.

Forasmuch as by an Order of this Board dated the 8th of xbr [De¬
cember] last it was Ordered that after the arrival of the first Ship that
came out with the Fleete of Ships Expected from London noe Ship or
Vessell should be permitted to Saile out of the Capes of this Colony
tor Europe till the said Fleete Sailed, and now hearing that the said
Fleete cannot yet be Expected, and that the Letters and Orders for
Goods sent by the Inhabitants for the Supply of this Colony, were not
come to the Marchants hands late the last fall, also that three Ships
were appointed to Convoy the Fleete hither, It is the Opinion of this
Board and accordingly Ordered that after the first day of March next
(if noe Ship arrive that came out with the Fleete) none be permitted
to Sayle, Except two out of each District in this Colony, which two it
is Judged reasonable if the Fleete shall arrive before they are ready
they be permitted to goe, that the publick business of this Colony may
be represented to their Most sacred Ma8, and the Inhabitants have a
Conveniency to send their directions for Goods, and Duplicates of the
same, to their Correspond19 in England, in Convenient time, that the
Countrey may not be unprovided of Goods as it hath been this Winter,
but if one Ship out of a District shall Sayle for London before the afore¬
said Imbargoe take place, then it is hereby declared that but one more
shall be permitted to goe out of those Districts where after this time
one shall be gon And to the End this Order may be publick the Col¬
lect” are Ordered to acquainte the respective Masters of Ships in their
districts hereof, as also to give publick Notice of it to all other persons
whatsoever.

The R‘ HonobIe their Ma3 Lieu* Govr is requested to give them
who at present take Care to preserve the Peace of their Ma3 Province
of Maryland, an account of the Methods taken here with the Ships for
their Ma8 Service, that soe none of their Ships may be permitted to
Act Contrary to the same and a Letter for that purpose being prepared
for his Honors signeing was read and approved of,

Cap1 Richard Finch Comandr of their Ma8 Ship the Henry prize
is Ordered with the said Ship to be at New point Comfort or there¬
abouts, at or before the first day of March next, that being supposed to
be the best place for the said Ship to be at, to stop all Ships or Vessells
that shall endeavour to goe out of the Capes of this Countrey Contrary
to the Intent and Meaneing of an Order of this days date, and the
Order of the 8th of xbr last both which Orders the said Finch is Care¬
fully to observe and Obey.

This Board takeing into their Consideration the Condition of the
Inhabitants of this their Ma8 Colony, and findeing that for want of
the usuall Supply of goods from England many people are very bare of
Clothing, and others almost Naked, and had not some Ships from the
Out Ports of England been some help almost the whole Countrey had
suffered great Want, and if the Fleete now Expected should not come,
severall will yet be soe destitute of Clothing, that they will be Exposed

214

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to Extreame hardships, which Necessities will undoubtedly put them
upon the Linnen and Woollen Manufactures, thereby to provide
themselves for the future, which should they once fully endeavour to
manage (the Countrey being very Naturall for them) they will finde
such advantage thereby as will give great Encouragement for a Con¬
tinuance, and by that meanes the Quantity of Tobacco usually made
very much lessned, And that all Endeavours possible may be used here
for the Improveing their Mas Revenue, Notwithstanding an Order
passed in xbr last laying an Imbargoe upon all Ships Imediatly after
the arrivall of the first Ship that came out with the Fleete, in [and]
another Order about the said Embargoe this day passed, It is provided
that two ships out of each district in this Colony shall be permitted
to goe for England, that thereby the Inhabitants may have a Conven-
iency of sending directions to be Supplyed with goods. And doe Most
humbly represent the same to their Most Sacred Ma8, as also that for
want of the Ships comeing Early in the fall great Liberty is given to
Strip and Cutt Tobacco, which looseth near a quarter part thereof,
to the great detriment of their Ma9 Revenue, their Most Gracious Ma3
are therefore humbly supplicated to Order that Ships come Early as
formerly, and be obliged to bring a Suteable Quantity of Cloathing for
the Inhabitants, And that a Sufficient Number may be permitted to
come, which being contrary to the Marchants Interest, it is presumed
they never desire, for if but halfe the tobacco goes home their advantage
is the greater.

His Most Sacred Ma8 Letter to the R* Reverend Father in God
the Biship of London, And the 11th Act made the last Session of As¬
sembly Entituled an Act for the more Effectual Suppressing the sev-
erall Sins and Offences of Swearing &c [etcetera] are Ordered to be pub¬
lished once in three Moneths in each respective parish Church and
Chappell of Ease in this Colony, and all persons therein concerned, are
to take care that the said Law be Effectually put in Execution, as they
will answere the Contrary at their perills.

Complainte being made that some persons in this Colony doe not
Comply with the late Law for Tolleration of Liberty of Conscience,
And the same tending to the disturbance of the Peace of the Inhabit¬
ants of this their Ma3 Dominion, It is thought fitt, and accordingly
Ordered that the Sherriffe of every County in this Colony doe Strictly
enquire what persons meete in the respective parishes of his County,
who have not Lawfull Authority for their soe doeing, and return to
the Secrs Office by the sixth day of the next Gen11 Court, the names of
the Preachers or Teachers in those Meetings, also of those who are
Constantly at, and those who frequent the same.

It is Ordered that a Proclamation be prepared for the R‘ Honobla
the Lieut Govrs signeing requireing that an account of the respective
County Levies for this present yeare in this Colony to be signed by
the first in the Comission of the Peace, and of the parish Levies this
yeare in the respective parishes to be signed by the Church wardens
be returned to the Secretaries Office by the sixth day of the next Gen11
Court, and that the same Course be taken for the future in returning
both County and parish Levies to the 6th day of the succeeding Aprill

Executive Journals, Council of Colonial Virginia

215

Gen11 Court annually also requireing the duely keepeing of the Regis¬
ters of Christnings, Marriages, Funeralls and Births of Negro Children
and return made to the Secretaries Office according to Law, likewise
requireing that the Justices in each County doe take Care that Courts
be not adjourned, but that the business be dispatched as the Law pro¬
vides, and the Law put in Execution for the Justices Non-attendance,
and the said Proclamation being accordingly prepared was read and
approved.

Whereas it is of absolute Necessity for their Ma8 Service and Se¬
curity of this Countrey that all the Inhabitants be well provided with
Armes and Amunition, and Severall good Laws made to that End in
this Colony, as also by the said Laws great Care taken that noe Soul-
diers Armes should be Imprest or taken away from him upon any pre¬
tence whatsoever, Notwithstanding all which severall persons have
failed to provide themselves with Armes and Amunition as by the said
Laws are enjoyned and required, as also of makeing their appeareances
at Musters when thereto lawfully Comanded, It is therefore thought
fitt and accordingly Ordered that the Comandrs in Chief of their Ma3
Forces of this Colony doe take Care that the Laws for provideing of
Armes and Amunition and appeareing at Musters be duely put in Ex¬
ecution on all those who have been formerly listed Souldiers and had
time to be provided with Armes & c. [et cetera ] but for that some persons
have been lately listed who have not had time to be provided with
Armes & c none being to be had but from England. It is Ordered that
they be Exempted, and they are hereby Exempted from the penalty
of the Law relateing thereto till after a Fleete of Ships hath gon from
hence for England, and a return from thence made hither, it not being
reasonable any person should be fined till after it hath been possible
for him to be provided; And that the aforesaid Laws may be may
publick that soe noe person or persons may pleade for Excuse they did
not know them, It is Ordered that the Comanders in Chief doe forthwith
cause them together with this Order to be published in each respective
County Court within their precincts, and at the head of every Troope
and Foot Company under their respective Comands.

Complaint being made to this Board by the Comandrs in Chief
of this Colony, that the Souldiers under their Comands cannot get
their Guns fixt, the Smiths refuseing to worke for Tobacco, and for
that the same may be of very bad Consequence in these times of danger,
It is Ordered that the respective Smiths in this Colony doe without
delay fix all Armes shall be brought them by any of the Souldiers of
this Countrey, keepe an account of the Worke done and for whom,
and returne the same to the next Gen11 Assembly that then such care
may be taken for payment thereof, as shall be found fitt.

On Consideration that dureing these times of Warr, it is Impossible
to be furnished with Salt from England, also that Salt atudas [Salt
Tortugas] the Chiefe place from whence this Colony hath been usually
supplyed lying very near the French Coast [i. e. coast of a French col¬
ony] there is noe sending thither, and some Islands lying near the
Island of Providence [one of the Bahamas] having Salt ponds on them,
the Proprietrs Govr of Providence hath put very deare prices on the

216

Executive Journals, Council of Colonial Virginia

Salt, and laid such hardships on the Vessells goeing to those parts in
makeing them goe many Leagues to Enter and Cleare that almost
deters them from goeing, and thereby causes Salt here to be Extra¬
ordinary deare, and Scarcely to be had to supply the Ordinary peoples
Necessities, their Most Sacred Ma8 are therefore humbly Supplicated
to take the same into their Royall Consideration and give such direc¬
tions therein as in their Princely Wisdomes shall be found fitt, and un¬
derstanding that some Privateers have been Comissionated by the
Government of the aforesaid place which are very troublesome to the
Vessells they meete with, their Ma8 are therefore most humbly Sup¬
plicated to Order such measures to be taken therein as they shall see
Convenient, for unless the said Privateers be under some restrictions,
they may doe great Injuries in these parts.

Janry 28th 1691

Present as before

The R4 HonobIe the Lieu1 Govr caused to be read the returns made
by the Justices and Militia Officers of Stafford County to the Order
sent them in Xbr last, about the Six Strange Indians taken above the
Inhabitants of their County, a Letter from Cap1 George Mason one
of the Deputy Comanders in Chief of the said County, the Indians
Examinations and depositions taken against them, and it appeareing
by the returns made, that the Chief of the Indians is a Doeg, and the
others of other Nations in these parts, And that the Nanzattico Indians
a Nation in Amity with us, will make Satisfaction for the Injuries done
by the said Indians (which is alleadged was done by accident and not
on purpose) and undertake for their future fidelity, also that the In¬
habitants of the aforesaid County are rather Willing to accept the said
Satisfaction then have any other proceedings made against the said
Indians, not knowing but that if they should be proceeded against, it
might occasion a Warr with the Indians, which for want not onely of
Armes and Amunition but also Cloths this Countrey is very unable
to manage, On Consideration whereof it is thought fitt and accordingly
Ordered that if the Nanzattico Indians will make such reparation for
the Injuries done as shall Satisfye the Inhabitants of the aforesaid
County, and undertake for the said Indians future fidelity, that then
they be discharged by the Justices amd Militia Officers of the afore¬
said County, who Cap4 George Mason is hereby Ordered to cause to
meete about the same, but if the Nanzattico Indians shall refuse to
make Satisfaction and undertake for the said Indians, It is Ordered
that they be sent to James Citty (as was directed in the first mentioned
Order) by the last day of March, the badness of the weather and other
reasons being accepted why they were not sent downe according to
the aforesaid Order of Xbr last; And it is further Ordered that Cap4
Mala: Peale and Cap4 Geo: Mason Deputy Comand48 in Chief of the
aforesaid County doe Order the Lieu4 of the Rangers with the Souldiers
under his Comand to Continue their Rangeing, and be very diligent
therein till further Order.

It appeareing the six strange Indians taken in Potomack doe not
belong to the five Nations, his Honor the Lieu4 Govr is therefore re-

Executive Journals, Council of Colonial Virginia

217

quested not to send to New York about them as he was desired in Xbr
last.

Forasmuch as there is great reason to believe the disturbance in
Stafford County was Occasioned by false reports of Indians, It is Ord¬
ered that for the future if any Indian or Indians shall report any News
which may Alarum the Inhabitants of this Colony, the respective Just¬
ices of Peace, Sherriffs and Militia Officers within their precincts are
to cause them to be taken into Custody and there detained till it ap-
peare whether what they have reported be true or not, and if it be true
they shall be well rewarded, but if falce proceeded against and pun¬
ished according to Law, And this Method to be taken till the meeting
of the Assembly, and the respective Interpret” are Ordered to ac¬
quaint the Indians herewith.

This Board Most humbly beggs leave to represent to their Sacred
Ma8 that the Gentlemen of the Councill liveing disperst in the Severall
Necks of this Colony is of great use for their Ma8 Service in the de¬
fence of the Countrey from the Indians, quieting disturbances amongst
the Inhabitants and otherwise, but being some of them often Sick, or
Lame with the Gout, and it many times hapning that others in the
Winter are hindered Crossing the Rivers by Wind or Ice, and the
Sommer by Wind, their Ma8 Service is often retarded, their most
Sacred Ma8 are therefore humbly Supplicated to take the same into
their Royall Consideration, and to appoint such a Number of per¬
sons in one Neck to be of their Ma8 Councill as may make a Quorum,
that upon Emergent Occasions their Ma8 Service be not Impeded.

Co pa Vera

Test William Cole Seer

Att a Councill held at the house that was Coll Nath11 Bacons the 19th

day of March 1691

Present

Cr Wormeley Esqre
Henry Whiteing Esqre
Edmund Jenings Esqre

William Cole Esqre Sec:
Ralph Wormeley Esqre
William Byrd Esqre

Mr Secretary Cole acquaints this Board that he was Ordered by
his Hono* the Lieu1 Govr who was gon to Accomack to take care that a
Ship he was informed was an illegall Trader, manned with Scotchmen
and supposed to come directly from Scotland & was ready to Sayle
should be seized, in Order to be brought to a Legall Tryall, and feared
that if he did not goe himselfe shee might get away, and that if Wind
and Weather should hinder his return over the Bay having onely a
small boate to goe in, the Friggotts Mast8 being then a setting, he
should informe them that it appeares by the accounts of Nath11 Bacon
Esqre late Auditr of their Ma8 Revenue in Virga, that there remained
in his hands of their Ma8 Revenue of Quitrents, two Shillings per hhead,
and their Ma8 part of the produce of Negroes Seized, that were Im¬
ported in the Ship Society of Bristoll about fourteene or fifteene hund-

218

Executive Journals, Council of Colonial Virginia

red pounds as he himselfe makes it, and not knowing how the accounts
are Setled in England, his Honor that what shall appeare Justly due
to their Ma8 (according to his Duty) may be Secured, proposes, what
will be the best and most Effectuall way

This Board takeing the same into their Serious Consideration doe
think fitt, and accordingly Order, that Major Lewis Burwell who with
his wife are appointed Executr3 of the said Coll Bacons Will, be ac¬
quainted that by Coll Bacons own accounts there appeares to be re¬
maining in his hands of their Ma8 about fourteene or fifteene hundred
pounds, and that he doe the fourth day of Aprill next at James Citty
produce to the R‘ Honoble Lieu* Govr and the Councill, all the bookes
accounts and papers concerning their Ma8 Revenue of Quitrents, two
Shill8 per hhd, and all other things, and all the Vouchers, and receipts
for payment8, to the End this Board may as much as it is possible for
them discover what is due to their Ma8, that present payment be made
of the same, And to the End that as soone as it is possible there may be
an account out of England, how the state of the said Coll Bacons ac¬
counts stands there, and whether all the accounts are passed and al¬
lowed, and what he is upon the ballance debtor to their Sacred Ma8,
It is Ordered that Mr Sec: Cole doe by the first opportunity Send a
Copy of this Order to the Honoble William Blathwaite Esqre Audit*
Gen11 of their Ma8 Plantations, and desire him by the first Conven¬
ience to transmit to this Government a State of the account of the late
Audit* Bacon, that if it shall appeare there is more mony due to their
Ma8, then now appeares by the said Coll Bacons accounts here, there
may be care taken to Secure the same.

It being proposed, whether, the London Fleete not being Arrived,
the Imbargoe shall remain upon the Ships ready to Sayle

This Board Seriously Considering the same, and it being soe late
in the yeare, and the London Fleete not arrived, nor any Certainty
when they will, It will be Impossible for them to return to England,
and come in againe next yeare, and if the Ships that are now in the
Country had not come in, and brought some goods to supply the Ne¬
cessity of part of the Country, there would have beene a great deale
more want of Necessaries then is, And if these Ships should be Stopped
to stay for the Fleete they cannot come next yeare, soe as the Country
will be destitute of all Supplyes the next yeare. And the Ships and
Vessells in Maryland (as they have all this Warr) goeing when they
please, hath much discouraged Ships from comeing to this Country,
And altho this Government hath this Winter sent to Maryland two
Severall Letters about Imbargoeing Ships to make up a Fleete ac¬
cording to their Ma8 Comands, they have received noe answere, but
Send out the Ships from thence dayly, It is the Opinion of this Board
that it is for their Ma8 Service, and for the good and Safety of this
their Ma8 Country, that what Ships are in the Country and shall be
ready to Sayle before the Heete from London Arrive be permitted to
Sayle, that thereby Ships may be encouraged to come hither, and bring
goods for the Supply of the Necessity of the Inhabitants of this their
Ma8 Dominion, It is therefore Ordered that what Ships shall be Cleared

Executive Journals, Council of Colonial Virginia

219

before the Fleete Arrive be permitted to depart of which the Collect'®
in their Severall Districts are to give the Masters of the Ships Notice.

And Cap4 Finch Coman dr of their Ma® Ship the Henry prize is
Ordered to repaire to the Station formerly appointed him, there to
Examine all Ships that come in, And to take Care that after the Ar-
rivall of the Fleete or any Considerable Number of them noe Ship be
permitted to depart, & it being impossible for his honor the L4 Govr to
get over ye Bay, from Accomack where he was gon, by reason of a
great Storm, the aforesaid Orders were made

Att a Councill held at James Citty Aprill 1st 1692

Present

The R4 Honoble Francis Nicholson Esqre
their Ma3 Lieu4 Govr of Virginia
William Cole Esqre Sec: Jn° Lear Esqre

William Byrd Esqre Henry Whiting Esqre

Edmund Jenings Esqre

The Clerke of the Gen11 Assembly’s place being Vacant The R4
HonobIe the Lieu* Govr recomended William Edwards as a fitt and
proper person to performe the same, and he being approved of, It is
Ordered that a Comission be forthwith prepared for the R4 HonobIe
the Lieu4 Govrs signeing Constituteing and appointing the said Ed¬
wards to be Clerke of the Gen11 Assembly; and a Comission being
accordingly prepared, was read and approved

The Orders made at the House that was Coll Nath11 Bacons read,
and approved.

Whereas the returning a full acco4 of the Seizure and Condemna¬
tion of the Negroes, Elephants Teeth & c. that were brought into this
Colony in the Ship Society of Bristoll of Which John Skeech was
Master in the yeare 1687 was referred by a former Order of this Board
to some other Meeting of the Councill, severall Evidences then being
wanting, And to the End a full account may be returned to the R4
Honoble the Lords Comittee for Trade and Plantations by this Fleete,
It is Ordered that Warrants issue according to the former Order re¬
quiring the appeareance of Certaine Evidences before this Board on
the Wednesday the 20th day of this Instant, and the said Warrants
being prepared for the R4 Honoble the Lieu4 Govr® signeing were read
and approved.

Aprill 2d 1692
Present as before

It is the Opinion of this Board that it is not for their Ma8 Service,
nor good of this Country, that the Clerks of the County Courts of
this Colony should be Impow.xed in their Comissions from Mr Secret,
to appoint Deputyes, It is therefore Ordered that Mr Secretary Cole
(if he have granted any Such Comissions) forthwith call them in, but
that the business of the Country may be dispatched without delay,

220

Executive Journals, Council of Colonial Virginia

if any Clerke of a County Court shall be sick or otherwaies Incapaci¬
tated to give his Attendance at the Court, It is thought fitt and ac¬
cordingly Ordered that the Court of such County appoint a Clerke to
Officiate dureing the Sickness & c. of Such Clerke, giveing Mr. Secretary
an account thereof forthwith; but if any Clerke of a County Court
shall be Chosen a Burgess (as some of them usually are), It is Judged
reasonable that he have power, and power is hereby given him to ap¬
point a Deputy to Officiate during his Attendance on the Generali
Assembly, but noe longer.

It being represented to this Board that the fines on delinquent
Soldiers in Severall Countyes in this Colony, have not been putt to the
uses the Law directs, It is therefore Ordered that the Law and Order
of Councill relating thereto be both duely observed and performed

It being represented to this Board, that in some of the Counties
in this Colony Counstables are Compelled to Musters, being listed
Soldiers, It is hereby declared that it is reasonable Counstables and
headboroughs should be Exempted, and it is therefore Ordered that for
the future they be Exempted from Musters, dureing the time they re¬
main in the said Offices.

Aprill 4th 1692
Present as before

This Board having been Informed that Cap4 John Purvis Co-
mander of the Ship Effingham now in Rapp a River tooke up at Sea
this present voyage Cap4 John Gandy Master of the Ship Mary of
London which was foundered, the Sailors and passengers belonging to
the said Ship, as also severall goods and Merchandizes belonging to
her, of all which noe account hath been given the R4 Honoble their Mas
Lieu* Govr, as he declares, and also understanding that some of the
said Goods are offered to Sayle, It is the Opinion of this Board and
accordingly Ordered that the Sherriffe of Middx County Imediatly goe
on board the aforesaid Ship Effingham and make Strict and diligent
Search after the said Goods, in all Cabins, Chests, Truncks, boxes, & c
belonging to the aforesaid Purvis and Company, and if any of them
shall be refused to be opened that he breake them open, and Safely
Secure what he shall finde till further Order, also put a Man on board
the said Ship to take Care that none of the aforesd things be Carried
of. And it is also Ordered that the said Sherriffe cause diligent Enquiry
to be made in Middx County whether any of the said things have been
Sold, and if he can finde any to Seize them, and safely Secure them till
further Order, And it is further Ordered that the aforesaid Sherriffe
take into his Custody the said Purvis, his Boatswaine Carpinter and
three of the Chief of the Seamen, and cause them to make their ap-
peareances before this Board at James Citty as soone as possible, that
Slii ^xam^naf'?n may be made of the premises and Order therein as
shall be found for their Ma 8 Service, and agreeable to the Occasion,
also it is Ordered that the said Sherriffe Sumons the aforesaid Gandy
and any of his passengers that he can finde, to appeare with the said
Purvis, to testifye their knowledge herein

Executive Journals, Council of Colonial Virginia

221

Aprill 12th 1692

Present as before and
Jn° Custis Esqre and
Cr Wormeley Esqr

Cap1 John Purvis Comander of the Shipp Effingham and his Men
with Cap1 John Gandy according to an Order of the 4th Instant
makeing their appeareances before this Board and a full and Strict
Examination being made about the Ship Mary whereof the said Gandy
was Master and was foundered at Sea, and it appearing the said Gandy
was the last Man that left the said Ship; It is the Opinion of this Board
that the said Ship was noe Wreck when what was carried out of her
was Carried aboard the aforesaid Ship Effingham but not haveing any
account hereof from the said Purvis nor any other, there was Just
cause to have an Examination of the premises by sending for the afore¬
said Purvis and other persons, and on the said Examination finde sev-
erall things were purloyned by the men of both Ships for which the
Owners have their Remidy at Law, but judge it convenient the said
Purvis Cause a more Strict and diligent Search to be made then he
hath hitherto done, and if he shall finde any thing that was taken from
on board the aforesd Ship Mary that he deliver it to Ralph Wormeley
Esqrethat his Honor the L1 Govr may have knowledge thereof, and
Care be taken to Secure the same for the Right owners

Aprill 5th 1692

Present as before and
Cr Wormeley Esqre

The R1 Honoble the Lieu1 Govr acquainted this Board that Jn°
Page Esqre was by their most Sacred Ma8 restored to their Mas Coun-
cill of this Colony (but was lately dead) Edmund Jenings Esqre Con¬
firmed and Mr Cr Robinson added, but he being a very usefull Member
of the House of Burgesses now Setting, his Honor proposed whether
he should be Imediatly Sworne or not, on Consideration whereof It is
Judged for their Ma8 Service that he be not sworne till the breaking
up of the Assembly.

The R1 Honoble the Lieu1 Govr caused to be read a letter and a
Comission from the R1 Honoble the Comrs of their Ma8 Customes ap¬
pointing Cr Wormeley Esqre Collect1 of their Ma8 Duties in Potomack,
and it is Ordered that the said Cr Wormeley Esqre giveing Security as
the Comission directs Act therein according to his Duty, and that the
aforesaid Comission be recorded in the Councill Booke

The R1 Honoble the Lieu1 Govr caused to be read (as he had done
others before) two Letters from the R1 Honoble the Comission18 of
their Ma8 Customes dated 13th 9br 1691 and 30th December 1691 give¬
ing an account of two ships that sailed directly from Scotland with
goods of the Groweth of that Country, and his Honor gave Strict Ord¬
ers to the Collect1,8 to be very diligent that if any Such Ships as the
Letters mentions arrive in their Districts they cause them to be seized,

22 2

Executive Journals, Council of Colonial Virginia

as also all other false Traders they can discover, which hath alwaies
been his directions.

Aprill 15th 1692
Present as before

The R4 Honoble their Ma8 Lieu4 Govr caused to be read a petition
of John Custis Esqre one of their Ma8 Councill of this Colony directed
to his Honor wherein the said Custis Sets forth that being grown aged,
and God Almighty for some yeares past having been pleased to Visit
him with extreame violent Sicknesses insoemuch that in his owne
Judgement and the Opinions of Most others that saw him he could
not live, and altho it hath pleased God in some measure, to restore his
health, yet is he sometimes afflicted with very violent fitts to such a
degree that were not extraordinary Care taken of him in them he
should be in great danger, and for that by Such his disability and the
failure of his Memory and heareing he is altogether unable to performe
the Duty required of him in the performance of the severall offices and
places he now enjoys, he most humbly prayed that he might be dis¬
charged from them, being desirous to Spend the remaindr of his days
in a retired life, after the reading whereof his Honor the Lieu4 Govr de¬
sired the Opinion of the Councill therein, who acquainted his Honor that
the said Custis had all along faithfully and diligently discharged his
Duty in the Severall places and Offices he had been Honord with, and
in the late unhappy troubles in the yeare 1676 was very diligent and
active in the performance of his Duty to the then present King Charles
the Second of every [ever] blessed Memory, and was in a very high
degree serviceable to the Country in Gen11 and to many Loyall Gentn
in particuler, but it having pleased God for some yeares to visit, him
with very great sicknesses which have caused him to be very weake
and being yet afflicted with very violent fitts, one of which it may be ex¬
pected in a small time will Carry him out of this World, also it being
evident that his memory and hearing are both very bad, are of Opinion
that the said Custis his petition is very reasonable, On Consideration
whereof as also that his Honor is very sensible dureing the time of his
being in this Government the said Custis hath faithfully discharged
his Duty, and likewise well knowing the said Custis his Indisposition
of body, with the Advice and Consent of their Ma8 Councill doth for
the future discharge the said Custis from his Attendance at Gen11
Courts and Councills till their Mas pleasures be known therein, and
from all other publick places and Offices whatsoever (the said Custis
Clearing the Ships he hath already Entered,

And their most Gracious Ma8 are humbly Supplicated to take the
said Curtis his desire into their Royall Consideration, and grant the
same.

Aprill 16th 1692

John Custis Esqre upon his petition being discharged from his
Attendance at Gen11 Courts and Councills till their Mas pleasure
therein be known It is Ordered that the said Order be publickly read

Executive Journals, Council of Colonial Virginia

223

in the Gen" Court dureing the Setting of the Court on Munday next,
and recorded in the Secretaries Office also that it be publickly read in
Open Court at the next Courts to be held for Accomack and North¬
ampton Counties and recorded in both those County Courts Offices,
that it may appeare the said Order was procured by the said Custis
his Earnest desire

Ralph Wormeley Esqre added

Upon Consideration of a Letter from the R* Honoble the Com”
of their Mas Customes directing that upon Cr Wormeley Esqre (who
they had appointed Collect1 of their Ma" Rates and Duties at Poto-
mack) his giveing bond and takeing the oath according to Law, he
should have his Comission delivered him, His Honor demanded whether
the other Gent” who were Collect” had given bond and taken the oath
as by law is provided, who answered they had all done it, and were
rea dy to doe it againe

Edwd Hill Esq” added.

A bond being prepared for John Custis Esqr and Security to signe
to save the R* Honoble the Lieu1 Govr harmeless from any damage
should accrue to him by reason of his appointing the said Custis Navall
officer and Collecf of their Ma8 Customes at the Eastern Shore, the
same was signed Sealed and delivered in the presence of the Councill

John Custis Esq” haveing laid downe his places and Offices of
Collect1 of their Ma8 Customes, and Coman der in Chief of Accomack
and Northampton Counties, The R* Honoble the Lieu* Govr proposed
Major Charles Scarborough as a fitt person to manage the said places,
and asked John Custis Esq” whether he had any thing to object
against him, who answered he had not, his Honor then asked Edward
Randolph Esq” Surveyer Gen11 of their Ma8 Customes if he had any
thing to object against the said Scarbroughs being Collecf of their Ma8
Customes he answered he had not, but had heard a good report of him,
and desired he might be appointed, the L* Govr then desired the Coun¬
cils Advice and Opinion if the said Scarbrough were a proper person
to be appointed Collecf of their Ma8 Customes, and Comandr in
Chiefe of the Counties aforesaid, whose opinion was that the said Scar¬
brough was a very fitt and proper person to manage and Execute both
the said places, whereupon his Honor was pleased to appoint the said
Scarbrough Navall Officer and Collecf of their Ma8 Customes in the
Counties aforesaid, as also Comander in Chiefe, It is therefore Ordered
that Comissions be prepared accordingly for his Honor the Lieu* Gov”
Signeing

The R* Honoble the Lieu* Govr acquainted this Board that by the
Death of John Page Esqr the Collecf 8 place of the Upper District of
James River was void, also that his Excy had recomended William
Byrd Esq” to have the said place in case of the Death, or refusall of
the said Page to take the Oaths, and that John Lear Esq”, Edwd Hill
Esq”, and Mr Dan11 Parke (who was recomended by his Exoy) de¬
sired the said place, His Honor therefore proposed to the Councill,

224

Executive Journals, Council of Colonial Virginia

that they would Consider and Nominate, a fitt and proper person to
manage the said Place, and it being the Opinion of the Councill that
it is not Compatible with William Byrd Esqre his place of Auditr, nor
with Edward Hill Esqr his place of Treasurer to be a Collect', and that
the Collectrs places haveing alwaies been given to some of the Councill,
Mr Parks was disapproved not being of the Councill nor liveing Con¬
venient, the said Edward Hill Esqre then replyed, he would lay down
his Treasurers place (if the Gen11 Assembly would Admitt it, other-
waies he could not in Honour doe it) and the Councill then being di¬
vided whether the aforesaid John Lear Esqre or Edward Hill Esqre
should have the said place they being both worthy good men and very
fitt, The R4 Honoble the Lieu1 Govr proposed it should be determined
by Lott, and the Lott falling to Jn° Lear Esqre his Honor was pleased
with the advice and Consent of the Councill to declare him Navall
Officer & Collect', and to Ord' that a Comission be accordingly pre¬
pared.

Aprill 29th 1692

Present as before

John Lear Esq'e and Major Charles Scarbrough who are appointed
by the R4 Honoble the Lieu1 Gov' by and with the Advice of the Coun¬
cill Collect'8 of their Ma8 Customes and Navall Officers & c. makeing
application that they may be appointed Collect'8 of their Ma8 Duty
of one penny per pound, On Consideration whereof the Rt Honoble
the Lieu4 Gov' is desired to write to the R4 Honoble the Comission'8
of their Ma8 Customes, and desire that they will be pleased to Send a
Comission for John Lear Esq'e to be Collect' of their Ma8 said Dutyes
in the upper District of James River, and for the said Scarbrough to
be Collect' of the said Duties in Accomack and Northampton Coun¬
ties, And his Hono' is desired to give them Ord'8 to Officiate the said
places till the R4 Honoble the Comission'8 of their Ma8 Customes sig-
nifye their pleasure herein.

The respective Collect'8 of their Ma8 Customes in this Colony
viz Wm Cole Esq'e Sec. Ralph Wormeley Esq'e John Lear Esq'e, C'
Wormeley Esq'e Edmund Jenings Esq'e and Major Charles Scarbor¬
ough were Sworn duely to performe their Duties in their Respective
places, And Ordered that they give bond with Security of one thousand
pounds Sterli to their Ma8 for performance of their severall places and
to the R4 Honoble the Lieu4 Gov' the like bond and Security to save
him harmeless from any damage shall accrue by reason of his appoint¬
ing them Navall Officers and Collect'8 of their Ma8 Customes in their
Severall Districts, which they accordingly did.

Aprill 12th 1692

His Hono' the Lieu4 Gov' caused to be read a letter from the R4
Honoble the Comission'8 of their Ma8 Customes dated the 31th De¬
cember 1691 wherein they signifye that in pursuance of the Directions
of the R4 Honoble the Lords Comission'8 of their Ma8 Treasury they
had appointed Edward Randolph Esqre to be Surveyer Gen11 of their

Executive Journals, Council of Colonial Virginia

225

Ma8 Customes in the Severall Colonyes and Plantations upon the
Coast of America ariseing and growing due by Virtue of an Act of
Parliament made in the 25th yeare of the Reigne of King Charles the
2 d, and desired the Lieu1 Govr would be pleased to be aiding and as¬
sisting and direct all Officers Civill and Military in this Government to
be aiding and Assisting to the said Randolph in the Execution and
discharge of the trust Comitted to him in the Service aforesaid, and in
putting in Execution all other the Laws relating to the Trade of their
Ma8 Plantations, according as he now is, and shall hereafter be In¬
structed by them, It is therefore Ordered that the respective Sherriffs
of this Colony at the next Court to be held for their Counties, cause
this Order to be published, that thereby all persons may be acquainted
herewith, and duely observe what is desired, which they are hereby re¬
quired to doe, the same being for their Ma8 Service.

Aprill 5th 1692

Present as before

The R1 Honoble the Lieu1 Govr caused to be read a Letter from
Cap1 Isaac Townsend Comander of their Ma8 Ship Assureance and
Comodore of the Fleete that came from London wherein he gives an
account of his Arrivall but doth not mention how long he is to Stay in
the Country, And for that it is Judged for their Ma8 Service to know
the Same, his Honor the Lieu1 Govr is desired to write to the said Cap1
Townsend to desire him to come to James Citty, and that he please
to bring with him his Orders and Instructions relating to the Fleete,
that such Methods may be taken as shall be Judged for their Ma8
Service, and the Safety and Security of this their Dominion.

Aprill 12th 1692

Present as before

Cap1 Isaac Townsend Comander of their Ma8 Ship Assureance
and Comodore of the Fleete of Marchants Ships that came from Eng¬
land, declaring that by his Orders he is required to stay but sixty Days
in this Country and then to Sayle for England with the Ships that shall
be ready, and the Honoble their Mas Councill with the R1 Worp11 the
house of Burgesses having in an humble Address to the R1 Honoble
their Mas Lieu1 Govr for many reasons therein set forth, Shewed that
it is Impossible for a great parte of the Fleete to be ready by that time,
and that it will be for their Ma8 Service as well as the Interest of the
Inhabitants of this Country and March18 trading hither that all the
Ships should be Convoyed by their Ma8 Ships of Warr for England,
prayed that if possible a longer time might be procured for the Ships
getting ready, and his Honor well knowing the reasons given to be
good, and Concurring with the proposall offered the same to the Com¬
odore, and he being sensible that it would be for their Ma8 Service de¬
clared he would Stay till the 24th day of June next It is therefore
Ordered that the Severall Collect18 of this Colony forthwith give

226

Executive Journals, Council of Colonial Virginia

Notice hereof to the severall Masters of Ships in their Districts that
soe they may take Care to get ready accordingly, and that they Cleare
all Ships that shall be ready in Convenient time, to goe to old Point
Comfort under the Comand of their Mas Ship Assureance and be
ready to Sayle with the Fleete and at the Clearing the said Ships take
bond that they doe not depart the Country without the Convoy, and
for prevention of any Intelligence the Enemy may have of the time the
Fleete will sayle, or what Convoy they have, or any thing else that may
be of bad Consequence, It is Ordered that the respective Collect” in
this Colony take great Care not to Cleare any Ship or Vessell bound
to any of their Mas Plantations, but such as the greatest part of their
Lading shall be provision or Lumber nor any of them after the last
day of May next till further Order, and this Board takeing into their
Serious Consideration that it is of absolute Necessity for their Mas
Service some Ships be permitted to goe from hence before the Fleete
that an account of the publick transactions of Moment in this Govern¬
ment may be represented to their Mas and the Comodore also desireing
the same that he may represent the State of the Fleete and other things
for England and also Considering that the Letters and Ordrs for goods
sent from the Inhabitants of this Colony to their Correspond*8 in Eng¬
land the last Fleete not getting home in Convenient time was the only
occasion of the Ships staying soe long in England after the time they
were first appointed to Sayle, and that by their Stay this Country
Suffered Extream Want of Necessaries, and that the same for the fu¬
ture may be prevented and the Inhabitants of this their Ma8 Ancient
Colony and Dominion furnished and Supplyed with all things Needfull
that upon any occasion they may readily give their Chearfull Assist¬
ance against any of their Ma9 Enemies that shall Endeavour to dis¬
turb the Peace or Endamage this their Ma3 Country, It is Ordered
that five Ships be permitted to Sayle for England out of this Co'ony
provided they be ready by the tenth day of May next, And that the
Collect” cause publick Notice hereof to be given, that all persons may
know the same, and take Care to Send their directions and Ord” for
Goods, that thereby there may be noe delay of the Ships Sayleing their
Ma8 shall be graciously pleased to permitt to come to this Country
the next Winter, and the R* Honoble the Lieu* Gov* is desired to sig-
nifye to his Excy Coll Lionell Copley their Ma8 Gov* of their Province
of Maryland the time appointed for the Fleetes Sayleing and the
Methods taken here in Sending Ships with Orders for the Supply of
the Inhabitants.

Aprill 15th 1692
Present as before

Forasmuch as by an Order of this Board for the reasons therein
given Viz* that all the transactions of Moment in this Government may
be represented to their Ma8, and the Inhabitants of this Colony have a
Conveniency of Sending Letters and Ord*8 for Goods to their Corres¬
pond*8 in England that thereby the Ships their Ma8 shall be graciously
pleased to permitt to come to this Country the next Winter may not

Executive Journals, Council of Colonial Virginia

227

be delayed as the Fleete now here was for want of them, and the In¬
habitants by reason thereof suffer Extreame hards ps as they did the
last Winter & c. It is Ordered that five Ships be permitted to depart
this Country the tenth day of May next, And to the End the people
may have publick Notice thereof as also where the said Ships now Ride,
viz1 one in James River, one in Yorke River one in Rappa River, one
in Potomack River one at the Eastern Shore, It is Ordrd that the re¬
spective Sherriffs in this Colony forthwith cause this Order to be pub¬
lished in all the Churches and Chappells of Ease in their Respective
County es.

Aprill 26th 1692

Present as before

Cap1 Isaac Townsend Comandr of their Mas Ship Assureance and
Comodore of the Fleete from London by his Letter to the R1 Honoble
the Lieu1 Govr which his Honor caused to be read to the Board give-
ing acco1 that the provisions Ordered for his Ships Company are in
Maryland, from whence he can by noe safe meanes have them Con¬
veyed to him, unless his Honor please to send the Henry thither, and
being for their Mas Service that they be brought with as much Ex¬
pedition as can be, requested his Honors Complyance, On Considera¬
tion whereof, also not knowing any other safe way for the said provi¬
sions to be fetched, are of Opinion It is for their Ma3 Service to send
their Ma8 aforesaid Ship Henry, The R1 HonobIe the Lieu1 Govr is
therefore requested to Order Cap1 Richard Finch, with the said Ship
Henry prize under his Comand to goe to Maryland, ffetch the afore¬
said Provisions and deliver them to Cap1 Isaac Townsend or his Order
for the use of their Ma8 Ship Assureance

Aprill 27th 1692

A Letter to Cap1 Isaac Townsend Comandr of their Ma3 Ship As¬
sureance & c about Sending their Ma8 Ship Henry prize to Maryland
for his provisions, and requesting him to Comply with an Order of the
Gen11 Court sent him about Cap1 Thomas Meeches ship was read and
approved

A Letter Writt to John Custis Esqre to desire him to Comply
with an Order of the Gen11 Court Sent him about Cap1 Thomas Meech’s
Ship was read and approved.

Aprill 26th 1692

Present as before

The R1 Honoble the Lieu1 Govr proposed that the Councill would
Consider what should be done with Cap1 John Custis and Mr Mottrom
Wright who it appeares by the depositions taken have been tampering
with and Endeavouring to discourage the Evidences Sumoned on be-
halfe of their Ma8 against the Ship whereof Cap1 Thomas Meech is
Coman der, On Consideration whereof It is Ordered that the deposi¬
tions be delivered the Attorney Gen11, who is Carefully to Consider

228

Executive Journals, Council of Colonial Virginia

them and cause such prosecution to be made against the said persons
as the Merits of their Offences deserves, as also that he Consider the
Words Spoken by Mr William Sherwood against Cap* Isaac Foxcraft
the Informer against the said Ship and cause such proceedings to be
made against him as his Offence will beare

Aprill 16th 1692
Present as before

The R* Honoble the Lieu* Govr and Councill having under their
Consideration the Security of this Country and their Ma8 Duties, and
finding by Considering of the Mapps that the Severall like Rivers on
the Seabordside of the Eastern Shore by being Navigable are very
dangerous both for Enemyes and false Traders, but for that the four
Burgesses of the place are now in Town, It is Ordered that they Attend
this Board to give what Information they can about the same, before
any further Ordr be made therein.

Aprill 28th 1692
Present as before

The four Burgesses of the Eastern Shore according to a former
Order of this Board giveing their Attendance, and being Enquired of
whether it would be any Injury to the Inhabitants of their Counties
if noe Ships or Vessells whatsoever should be permitted to goe into
the Little Rivers and harbours on the Seaboardside of the Eastern
Shore, they affirmed it would not, And those places being judged dan¬
gerous for harbouring both Enemyes and falce Traders, It is Ordered
that noe ship or Vessell whatsoever be Suffered to goe into any of the
said little Rivers or Harbours, Except onely Smiths Island River
which is known to be fitt place to Secure Marchants Ships in Legally
trading to this Colony at their first arrivall.

This Board takeing into their Consideration that it will be of
great use to this Country and the Ships and Vessells tradeing here,
that discovery be made what ships are comeing in, that thereby Care
may be taken to prevent any Mischief that may happen by the Suddain
arrivall of an Enemy from Sea, Doe therefore Order that the Courts
of Accomack and Northampton Counties at the next Courts to be held
for the said Counties, Doe Consider, and direct such ways and Methods
to be taken therein as they shall finde most fitt and proper, giveing
Certificates to the next Generali Assembly for allowance to Such per¬
son or persons as they shall Imploy.

Aprill 19th 1692
Present as before

John Lear Esqre is desired to Order Adam Hays to looke out till
Octobr next (as he formerly hath done) on the Seaboardside of Prin¬
cess Ann County to discover what ships shall be comeing into this
Colony that thereby care may be taken to prevent any Mischief that

Executive Journals, Council of Colonial Virginia

229

may happen by the Suddain Arrivall of an Enemy from Sea, and the
same being for their Ma8 and this Countrys Service, the Cort of Prin¬
cess Ann County is Ordered to give the said Hays a Certificate of his
Service that he may be paid for the same the next Gen11 Assembly.

Aprill 5th 1692

Present as before

His Honor the Lieu1 Govr acquainting this Board that his Matie
hath been Graciously pleased out of his great Grace and favour to
Send to this Governm1 two hundred barrells of Powder for their Ma8
Service and good of this Country, he therefore proposed that it might
be Considered how the same should be disposed of, On Consideration
whereof, It is the Opinion of this Board, that the best way to Secure
the same is to distribute it to the Severall Countyes of this Colony
(there being noe Fort Tenable to Secure it in) and that it be proposed
to the House of Burgesses to Consider of fitt places to secure it in, And
his Matie haveing likewise been pleased to Send in some Gunnra Stores
It is Ordered that they be put a Shore at Yorke Fort, and Secured by
the Gunnr of the said Fort till further Order, that Cap1 Norrington
who brought them in may be discharged from them.

Aprill 15th 1692

Present as before

The R1 Honoble their Mas Lieu1 Govr having Caused to be read a
Letter from his Excy Lionell Copley Esqre Cap1 Gen11 and Govr in
Chiefe in Maryland wherein he desired the lent [loan] of fifty barrells
of Powder, and for that there is noe powder in this Colony, but such
as hath been Sent by their Most Gracious Ma8 for the supply and de¬
fence of this their Ancient Dominion, and that Powder before the re¬
ceipt of the said Letter being recomended to the R1 Worp11 the House
of Burgesses to Nominate fitt places in the respective Counties to Se¬
cure it in, that there might be ready a Sufficient quantity in any place
that should be Attacked, the desire of his Exoy Coll Copley was there¬
fore transmitted to the said House of Burgesses, who returned that
they consented to the Loan of twenty five barrells of powder on cer¬
tain Conditions And to the End this Government according to their
Dutyes to their Ma8 may give all possible Assistance to any of the
Neighbouring Governments, and findeing it of absolute Necessity for
their Ma8 Service that their Ma8 Province of Maryland be supplyed
with powder for the defence and preservation thereof, and his Exoy
Coll Copley & c being a Gentleman their Ma8 have appointed Govr of
the place, It is the Opinion of this Board that if his Excy will give his
own obligation under his hand and seale therein acknowledging the
receipt of twenty five barrells of powder, and to return the same within
twelve Moneths at their Ma8 Fort in Yorke River that his Honor the
Lieu1 Govr issue his warrant for delivery thereof to his Excya Order.

230

Executive Journals, Council of Colonial Virginia

Aprill 16th 1692

Cap1 Richd Finch Comandr of their Mas Ship Henry prize his
Pinnace being in Yorke River, the R1 Honoble the Lieu1 Govr is de¬
sired to issue his Warrant requireing Cap1 William Norrington to de¬
liver twenty five barrells of the Powder Sent into this Colony by their
Most Gracious Ma‘ to the said Cap1 Finch or his Order, which said
Powder the said Finch is Ordered to deliver to his Excy Lionell Copley
Esqre Cap1 Gen11 and Govr in Chief of Maryland, he the said Copley
Esqre & c giveing an obligation under his hand & Seale therein acknowl¬
edging the receipt of the said Powder, and obliging to return the like
quantity of Powder by the fifteenth day of Aprill next at their Mae
Fort in Yorke River.

Aprill 27th 1692
Present as before

This Board takeing into their Consideration that the Powder
their Mas have been Graciously pleased to Send to this Colony for the
defence thereof, being disperst in the Severall Counties, may give some
persons occasion to think it is Sent to the said Counties to be used at
Musterings, and to Excuse them from being provided as the Law di¬
rects, to the End therefore that no person may be soe deceived, It is
hereby declared that the said Powder is onely for the defence of the
Country, and not to be used but when the Comandrs or Deputy Com-
andrs in Chief shall finde Emergent Occasion requires, and doth not
Excuse any person from being provided according to Law, and that
the said Powder may be well Secured in Convenient places in the re¬
spective Counties, the Comandrs in Chiefe are Ordered to take Care
therein, and not to put above two barrells at one place, also to cause
receipts to be taken of the persons where it shall be put, and to return
an account of the Severall places to the Secrs Office at James Citty
forthwith, and the Comandrs and Deputy Comandrs in Chiefe are
Ordered if at any time they shall cause any of the said Powder to be
used, Imdeiatly to give an account thereof to the R1 Honoble the Lieu1
Govr or Comand1 in Chief of the Country, And the respective Sherriffs
of this Colony are hereby Ordered at the next Courts to be held for
their Counties to publish this Order, and to cause it to be published at
all the Churches and Chappells of Ease in their said Countyes.

Aprill 19th 1692
Present as before
Jn° Custis Esqre absent

His Honor the Lieu1 Govr caused to be read a resolve of the House
of Burgesses wherein they desired his Honor to write to the Govr of
Maryland that he would injoyn the Indians in that Government for
the future before their Comeing into this Country to send over some
of their Great Men to Informe the nearest Magistrate with the place
where they designe to Land, with their Intentions of coming over,

Executive Journals , Council of Colonial Virginia

231

their Number and the place they propose to reside at, and also the
time of their Continuance and Stay, after the reading whereof his
Honor desired the Opinion of the Councill therein, who are of Opinion
that what was proposed by the R* Worp11 the house of Burgesses was
reasonable and fitt to be desired of the Govr of Maryland.

Aprill 11th 1692

Present as before

Cap* Richard Finch Comander of their Mas Ship Henry prize in
a Letter to his Honor the Lieu* Govr which his Honor caused to be
read, desireing his Hono* to Order a Survey to be Speedily taken of
their Mas said Ships Hull, Boatswaine Gunner and Carpinters Stores
to the End the said Ship may be supplyed with what shall be needfull
and that the said persons appointed to survey the said Ship gave a report
under their hands of her present Condition, the best way to preserve
her from being Spoiled by the Wormes, the Estimate of the Charge of
Carreening her, and the most proper place to doe it, when his Honor
should think best to Order the same some time this Sumer shee having
been off the Ground twelve Months and very fowle, also giveing an
account that the said Henry is a very Sharfe [sharp?] Ship an ill Roader
[a poor ship for riding at anchor], and pitches very dangerously when
it blows hard in any open Roade, and further setting forth that the
Seamen under his Comand the last Winter Suffered much for want of
Cloaths which he had given an account of to the Lords of the Admir¬
alty and Comissionrs of the Navy and is in hopes some Slop Cloaths
[ready-made outer garments] will be Sent by the fall, but if they should
not come the poore Seamen whould be mightly discouraged in their
Serveing their Mas in this Colony for want of such reliefe, and their
Ma8 Ships Assureance, Conception and Alebrough Ketch being ar¬
rived in James River, he desired the Comandrs might be Ordered to
Spare what Slop Cloaths they conveniently can to their Mas Ship
Henry for which he would give his receipt, and be accountable for to
the Slop Seller of their Mas Navy, On Consideration whereof It is the
Opinion of this Board (it being for their Ma8 Service) that Cap* Isaac
Townsend Comandr of their Ma8 Ship Assureance and Comodore of
the London Fleete be writt to and desired together with Cap* Fairfax
Comander of their Ma8 Ship Conception and Cap* Chance Comandr
of their Ma8 Ketch Alebrough with such of the Warrant Officers ol
their Ma8 (and Masters of Marchants) Ships as the said Townsend
shall think fitt, to goe on board their Ma8 aforesaid Ship Henry prize,
and make an Exact Survey, and Report as the said Cap* Finch desires,
and return the same to the R* Honoble the L* Govr ,as also that the
said Cap* Townsend be desired to spare what Slop Cloaths he conven¬
iently can, and to desire Cap* Fairfax and Cap Chance to doe the
same, the said Finch giving such receipt as they shall think fitt, and a
Letter being prepared for the R* Honoble the Lieu* Gov” signeing was
read and approved, as also a Letter to Cap* Finch giveing him an ac¬
count of the same.

232

Executive Journals, Council of Colonial Virginia

Aprill 16th 1692
Present as before

Cap4 Richard Finch Comander of their Ma8 Ship Henry prize
Complaining that severall his Seamen have Runaway from their Ma8
said Ship into Norfolk and Princess Ann Countyes and are there some
harboured and entertained by the Inhabitants and others helped away
into North Carolina, whereby he was like to be in Want of Seamen for
their Ma8 and this Countryes Service in the said Ship, On Considera¬
tion whereof it is hereby Ordered that the Inhabitants of the aforesaid
Countyes doe forthwith give an account of all the Seamen they shall
discover in the said Counties to the said Cap4 Richd Finch or Cap4
William Wilson of Elizabeth Citty County that soe it may be known
whether they belong to the said Finch or not, and that in all things the
said Inhabitants of the aforesaid Countyes doe fully observe and obey
the direction of a late Proclamation relating to Seamen, And to the End
this Order may be made publick, It is Ordered that the respective
SherrifTs of the said Countyes, Doe Imediatly cause this Order to be
published in all publick places of their Countyes.

Cap4 Richard Finch Comander of their Ma8 Ship Henry prize
complaineing that some of his Seamen were Run from the Ship under
his Comand into North Carolina, On Consideration whereof the R4
Honoble the Lieu4 Govr is desired to write to the Government of North
Carolina to make diligent and Strict Search within that Government
after the said Seamen, and any of them having found to cause to be
conveyed to the next Magistrate in his Government, to the End they
may be sent to their Ma8 said Ship, which is Ordered by their Ma8 to
attend this Government for the defence and Security of this their
Colony and Dominion.

Aprill 20th 1692
Present as before

On Consideration of the Report made of their Ma8 Ship Henry
prize, by the Warrant Officers of their Ma8 Ships Assureance and Ale-
brough Ketch who give an account that the onely way to preserve the
said ship Henry prize from the Wormes is to have her Carrened, pro¬
vided there be good provision, and tackling for the doeing thereof,
they judging she will Carreene very hard Stifle and Deepe having a very
Sharpe Deepe body, and being broad at the beame, but not being ac¬
quainted in the Country could not give an account which was the best
and properest place for the doeing thereof, It is Ordered that Cap4
Richard Finch Comander of the aforesaid Ship Henry prize doe Imedi-
atly make Enquiry whether there be any place in this Country the
.said Ship can be Careened at, and if there be, that he take Care to
provide things Necessary and Convenient for the doeing thereof, And
the said Finch in a Letter to the R4 Honoble the Lieut Govr which his
Honor caused to be read Complaining the said Ship is a Very ill Roader,
It is also Ordered that he the said Finch and the Officers of the said
Ship return a Report under their hands to his Honor the Lieu4 Govr of

Executive Journals, Council of Colonial Virginia

233

the Roading of the said Ship, that such Measures may be taken in
manageing of her for their Ma8 Service as shall be found fitt, And it is
further Ordered that the said Finch Enquire whether the said Ship
can be Carreened in this Colony and the best place for doeing thereof,
as also return the account of the Ships Roading to his Honor the Lieu4
Gov1 before he Saile to Maryland.

Aprill 11th 1692

Cap4 Robert Fairfax Comander of their Ma8 Ship Conception in
a Letter to his Honor the Lieu4 Go vr which his Honor caused to be read,
desireing to be Supplyed with Anchors and Cables (haveing lost his
at Terseras), and with a Master having noe body Capable to Carry
his Ship to New England, where shee is Ordered, his Master being by
Accident killed at Sea, On Consideration whereof, It being for their
Ma8 Service,

It is Ordered, that if there be any Anchors or Cables in this Colony
that did belong to their Majesties Ship Dunbarton the said Fairfax
be supplyed with them, and the Severall Collect48 being Enquired of,
and-they not knowing any person fitt for a Master for their Ma8 afore¬
said Ship, His Honor the Lieu4 Govr is desired to acquaint the said Fair¬
fax therewith, and that there is noe New England Vessell in this Col¬
ony Except one at the Eastern Shoare of whom are in hopes in two or
three days to have an account, and then a further Enquiry shall be
made

Aprill 16th 1692

Present as before

Cap4 Robert Fairfax Comander of their Ma8 Ship Conception in
a Letter to the R4 Honoble the Lieu4 Govr which his Honor caused to
be read, complaining that Severall of his Men were soe Sick he feared
he should not Carry them to Sea, and hearing of Severall stragling
Seamen about the Country, desired they might be secured for their
Ma8 Service, as likewise those men that did lately belong to Cap4
Gandy. On Consideration whereof, It is Ordered that the said Cap4
Fairfax have liberty, and liberty is hereby given him to cause to be
Impressed any of the Seamen that belonged to Cap4 Gan dyes ship
which was foundered, or any other Seamen belonging to any ship in this
Colony, that was not Shipt on board the said Ship, in England, or in
the places from whence they came, or any stragling Seamen about
the Country.

Aprill 21th 1692

Present as before

William Pennell Master of the Ketch Crane of Dartmouth, by his
petition to the R4 Honoble the Lieu4 Govr which his Honor caused to be
read declared that having by his former petitions set forth that the
said Ketch unfortunately Run on Nansimond Shoules, and that for
preservation of the Vessell and Goods the seamen (he the said Pennell

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being soe Sick that he was as he still is more lykely to dye then live)
tooke part of the Goods out which they put aboard a Sloope, but it
appeares there was noe Intent of Fraude, yet it being Contrary to the
Letter of the Law the said Vessell and Goods are Condemned, and
therefore humbly Implored his Honrs Grace and favour that he would
grant that part which by the Law is given him, and that he would ac¬
cept bond that on his Application to his Excy the Lord Effingham, and
his Lordships Granting his part, with a Composition to their Mas for
their part, the said Condemnation may be discharged, to the End he
might proceede in purchasing the Loading of Tob° for the said Ves-
sells return to England with the Fleete, after the reading whereof his
Honor the Lieu1 Govr declared he freely gave his part, and the other
part of the petition being Considered, and noe marke or Intent of
Fraude appearing, It is Ordered that the Vessell Appurtinances and
Goods found to be lost and forfeited be by Sufficient Men upon Oath
valued and appraysed, and that if the said Pennell procure the In¬
formers part, and give bond with good Security to pay the value of the
one third part of the said Ketch & c, to their Mas and of the one sixth
parte thereof to his Excy their Mas Lieu1, and Govr Gen11 within Eigh-
teene Moneths from the date hereof, provided he shall not procure
their Mas and his Excys Grants of their parts, that then he take the
aforesaid Vessell Appurtinances and Goods, and proceede on his In¬
tended Voyage.

It is Ordered that Cap* Peter Perry, Mr Thomas Walke, Cap*
Thomas Hodgis, Cap* Henry Applewhait and Cap* Mata Peale or any
four or three of them, doe value and appraise the Ketch Crane of
Dartmouth (Whereof William Pennell is Master) with all her Guns
Ammunition Tackle Furniture Apparrell and Goods adjudged by an
Order of the Gen11 Court dated Aprill 19th 1692 to be lost and forfeited
to our Soveraigne Lord and Lady the King and Queene, the Govr of
this Country and Mr Thomas Cock the Informer, being thereunto
first Sworne before one of their Mas Justices of the Peace for James
Citty County, which said valuation or Appraysement they are forth¬
with to return to the Clerke of the Councill.

Aprill 25th 1692

Present as before 1

It appeareing there is Justly due to the Sherriffe of Nansimond
and James Citty Countyes, Clerke of the Gen11 Court, Attorney Gen¬
erali, and Clerke of the Councill for fees on the Tryall, of the Ketch
Crane of Dartmouth & c. five pounds twelve shillings Sterli and four
hundred Ninety Seven pds of Tobacco, and to the Pilot for bringing
the said Ketch to James Citty twenty shillings It is Ordered that they
severally be paid the same out of the Money the said Ketch & c, were
valued at.

Aprill 28th 1692

Present as before

His Honor the Lieut Govr acquainted this Board that the HonobIe
Jeffrey Jeffreys Esqre desired to be informed whether Cap* John Purvis

Executive Journals , Council of Colonial Virginia

235

Comander of the Ship Effingham of London lay under any other ob¬
ligation for delivery of the Money & c. Shipt on board the aforesaid
Ship, and Consigned to his Excy Francis Lord Howard of Effingham
their Ma8 Lieu* and Govr Gen11 of Virga in the yeare 1690 then the
bills of Loading, On Consideration whereof it is answered, the said
Purvis was under noe other obligation for delivery of the said Money
& c

Aprill 29th 1692
Present as before

Whereas by a Proclamation dated August 1st 1691 it was required
that all persons who knew of any of the Estate of Cap1 George Purvis
Comander of their Ma8 hired Ship Wolfe or Owners of the said Ship,
or any persons indebted to the said Purvis or Owners of the aforesaid
Ship should return to the Secretaries Office an account thereof, that
proceedings might pass against it for payment of what should appeare
due to the Severall persons for assisting to save the said Ship when
shee was in great danger of being lost and Severall Returns being made,
all persons concerned are left to take their Remedy at Law.

Aprill 19th 1692
Present as before

Mr George Newton who was sumoned to testifye his knowledge
concerning the Seizure and Condemnation of the Negroes & c. brought
into this Country in the yeare 1687 in the Ship Society of Bristoll John
Skeech Master, having put into writing what he knew relateing thereto,
this day made oath to the same.

Mr William Maunde who was sumoned to testifye his knowledge
concerning the Seizure and Condemnation of the Negroes & c brought
into this Country in the yeare 1687 in the Ship Societye of Bristoll
John Skeech Master, having put into writeing what he knew relateing
thereto, this day made oath to the same.

Mr John Corperoe who was Sumoned to testifye his knowledge
concerning the Seizure and Condemnation of the Negroes & c brought
into this Country in the yeare 1687 in the Ship Society of Bristoll John
Skeech Master, having put into writeing what he knew relating thereto,
this day made oath to the same

Aprill 21th 1692
Present as before

Cap1 William Robinson Mr George Newton, Mr William Maund
and Mr John Corperoe who were Sumoned to testifye their knowledges
about the Seizure and Condemnation of the Negroes Elephants Teeth
& c (or the selling any of them by the Master of the ship or Company)
brought into this Country in the yeare 1687 in the Ship Society of
Bristoll John Skeech Master, were asked if they knew of any other per¬
son that could give any acco1 of the aforesaid Seizure or Selling of

236

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Negroes & c to which they all Except Cap* Robinson replyed they did
not remember any besides those have already been sumoned, and Cap*
Robinson saying John Porter Junr was very frequently with the said
Skeech and assisted him his business, and he therefore supposed he
was able to give some account of what was proposed, It is therefore
Ordrd that an Ordr be prepared for the R* Honoble the Lieu* Govrs
signing directed to the Sherriffe of Princess Ann County to Sumons
the said Porter to appeare at James Citty on thursday the 28th day
of this Instant before the Lieu* Govr and Councill to testifye his
knowledge in the premises.

Mr George Newton who was Sumoned by the Sherriffe of Norfolk
County to testifye his knowledge about the Seizure and Condemnation
of the Negroes & c that were brought into this Colony in the yeare 1687
in the Ship Society of Bristoll haveing attended in James Citty three
days, It is Ordered that he be paid for the same and for three days
comeing to James Citty and two days returning home according to Law

Mr William Maunde who was Sumoned by the Sherriffe of Nor¬
folk County to testify his knowledge about the Seizure and Condem¬
nation of the Negroes & c that were brought into this Colony in the
yeare 1687 in the Ship Society of Bristoll, haveing attended in James
Citty three days, It is Ordered that he be paid for the same, and for
three days comeing to James Citty, and two days returning home ac¬
cording to Law.

Mr John Corperoe who was Sumoned by the Sherriffe of Norfolk
County to testifye his knowledge about the Seizure and Condemnation
of the Negroes & c that were brought into this Colony in the yr 1687 in
the Ship Society of Bristoll, having attended in James Citty three days,
It is Ordered that he be paid for the same, and for three days comeing
to James Citty, and two days returning home according to Law.

Aprill 27th 1692
Present as before

Cap* William Robinson who was Sumoned to testifye his knowl¬
edge concerning the Seizure and Condemnation of the Negroes & c
brought into the Country in the yeare 1687, in the Ship Society of
Bristoll John Skeech Master, having put into writeing what he knew
relateing thereto, this day made Oath to the same.

Aprill 29th 1692
Present as before

Ordered that William Edwards Clerke of the Councill doe against
the Councill to be held in June next prepare Copies of all the Ordr3
depositions and other papers relateing to the Seizure and Condemna¬
tion of the Negroes & c brought into this Country in the yeare 1687
in the Ship Society of Bristoll John Skeech Master that the same may
be sent the R* Honoble the Lords Committee for Trade and planta¬
tions.

Executive Journals, Council of Colonial Virginia

237

Aprill 21th 1692
Present as before

The Consideration of the petition of Charles Blanchevill about the
Rent of the Plantation whereon he lives belonging to their Most Gra¬
cious Mas is refferred to William Byrd Esqre Audit1 of their Ma8 Rev¬
enue of this Colony, who is to Consider in what Condition the said
Blanchevill is, and what is best to be done with the said plantation for
the future for their Mas Interest, and if he see fitt take their Ma8 At¬
torney Gen11 to advise therein, And return an account of his proceed¬
ings to the Audite in June next, that such further proceedings may be
had therein, as shall be for their Ma8 Service.

Aprill 25th 1692
Present as before

His Honor the Lieu* Govr caused to be read a letter from the Hon-
Qbie William Blathwait Esqre concerning a petition of the Wid° of Mr
Thomas Jarvis, which his Honor this day received from Mr William
Sherwood, and the said Sherwood alleading [alleging] that he and Mr
William Wilson had paprs relating thereto to produce, on the said
Sherwoods request thursday next is appointed to Consider the same.

Aprill 8th 1692
Present as before

The R4 HonobIe the Lieu4 Govr this day demanded that Mr Sec¬
retary Cole before the breakeing up of the Gen11 Court, give him an
account of all the Bookes of Records and other Concernes of Moment
in his Office

Aprill 15th 1692
Present as before

It is Ordered that Mr Richard Whitehead doe Imediatly fairely
transcribe coypes of all the proceedings have gon out of the Office (he
ownes) he Executes in the Northern Neck between Rappa and Poto-
mack Rivers, attest them under his hand & return them to William
Edwards Clerke of the Councill at James Citty by Wednesday the
27th day of this Instant at farthest, and the same being for their Ma8
Service he is not to faile as he will answere the Contrary at his Utmost
perill.

It is ordered that the respective Clerks in the Northern Neck be-
tweene Rappa and Potomack Rivers, doe Imediatly fairely transcribe
Copies of all the proceedings made by Coll Phillip Ludwell as Agent
or Attorney of the heires of the late Thomas Lord Culpeper Proprietr
of the said Neck, or any other person Acting undr or by Power from
the said Coll Ludwell attested under their respective hands, and return
the same to William Edwards Clerke of the Councill at James [City]
by Wednesday the 27th day of this Instant at farthest, and the same

■238

Executive Journals, Council of Colonial Virginia

being for their Ma8 Service, they nor any of them are not to faile as
they will answere the Contrary at their Utmost perrills.

Aprill 25th 1692

Present as before

On Consideration that severall Complaints have been made to
this Board that unfaire and illegall proceedings have past in the North¬
ern Neck between Rapp a and Potomack Rivers, by the Propriet” Dep-
utyes granting the Escheates of Land in that Neck to Severall persons
without findeing any Office as the Law directs (to the great dissatis¬
faction of Divers of the Inhabitants) And to the End a full true and
perfect account of all the Escheates of Lands granted in the said Neck
may be had, that such fitt Remedies may be applied as shall be found
to be for their Ma8 Service, and Satisfaction of the Inhabitants of the
said Neck, It is Ordered that the Sherrififs of the respective Counties
in the said Neck doe forthwith give publick Notice at the next Courts
to be held for their said Counties, and in each of their Parrish Churches
that all persons who have had any Land Granted them in the said
Neck by Escheate Since the Proprietrs Office was first Sett up there,
doe Imediatly give the said Sherriffs Copyes of the Grants for the same,
all which copies the said Sherriffs are hereby required to return to the
Clerks of the Councill at James Citty before the 18th day of June next.

Mr Richard Whitehead by his petition Setting forth that by an
Order of Councill dated Aprill the 15th 1692 he was as Clerke of the
Proprietr8 Of the Northern Neck their Office, Comanded to make re¬
turn of Severall things by a certaine day to William Edwards Clerke
of the Councill, And for that the Order was delivered to him by the
Sherriff of Westmorland County here in Town, it was not possible
for him to Comply therewith, and therefore prayed a longer time, On
Consideration whereof, It is Ordered that the said Whitehead doe by
the 18th day of June next fully performe what is required of him by
the aforesaid Order.

Aprill 19th 1692
Present as before

On Consideration that it is of absolute Necessity for their Ma8
Service in the preserveing of the Peace and quiett of this their Ma8 Col-
onyand Dominion of Virginia that this Government be acquainted with
the transactions of Moment in the Neighbouring Governments, that
thereby it may appeare whether there be an absolute Necessity to
Continue the Rangers the Winter Season or not, his Honor the Lieu4
Govr is desired to agree with John Perry who is goeing to New Yorke
and New England, to return to James Citty by the 20th of October
next, or sooner if those Gentlemen his Honor shall write to, finde it to
be for their Ma8 and this Countreys Service.

Executive Journals, Council of Colonial Virginia

239

Aprill 28th 1692
Present as before

The R* Honoble the Lieu1 Govr being desired to agree with John
Perry who was goeing to New Yorke and New England to be here by
the 20th day of Octobr Next, or sooner if those Gentlemen his Honor
should write to, should finde it for their Mas and this Countrys Serv¬
ice to send him, And his Honor now acquainting this Board that he had
agreed with the said Perry, that if he came but once he should have
twenty five pounds Sterli, but if he came twice forty pds Sterli, and
the same being adjudged reasonable is approved.

Severall persons being Nominated and approved to be added to
the Comissions of the Peace in the Countyes where Justices are want¬
ing, It is Ordered that Comissions be forthwith prepared for the R*
Honoble the Lieu1 Govrs signeing.

The Severall persons to be Sherriffs for the ensuing yeare being
nominated and approved, the R* Honoble the Lieu1 Govr is desired to
grant them Comissions accordingly.

Aprill 29th 1692
Present as before

L* Coll Thomas Milner Speaker of the Right Worp11 the House of
Burgesses having the last and this Sessions of Assembly Carried and
behaved himselfe very well in the discharge of the Duty of his place
both for their Ma8 Service and good of this Country is therefore ap¬
pointed Escheator of the Lands on the South side of James River in
the place of John Lear Esqre who is made Collect1, of their Ma8 Cus-
tomes in the upper District of James River, and his Honor the Lieu4
Govr is desired to give him a Comission for the said Place

Warrants were this day signed in Councill by the R* LIonoble
Francis Nicholson Esqre their Ma8 Lieu* Govr for payment of the sev¬
erall following Sums viz* To his Excy Francis Lord Howard Baron of
Effingham their Mas Lieu* and Govr Gen11 of Virginia the sume of five
hundred pds Sterli in full of halfe a yeares Salry due at Michaelmas
day last as Chief Govr, to the Gent" of their Ma8 Councill of this Col¬
ony the Sume of three hundred and fifty pds Sterli in full of one yeares
Salary due on the 27th Instant, to the R* Honoble Francis Nicholson
Esqre their Ma8 Lieu* Govr of this Colony the sume of five hundred pds
Sterli in full of halfe a yeares Salary due as Lieu* Govr ending at Mi-
chaelmass day last, to William Edwards fifteene pds Sterli it being
for soe much paid the severall Ministers who have attended at James
Citty dureing two Gen11 Courts and one Assembly.

On Consideration of the time appointed for the fleetes Sayleing,
It is Ordered that the Audite be held at James Citty on tuesday the
21th day of June next

Major Lewis Burwell having been caused to appeare before this
Board to give an account of their Ma8 dues in his hands as Execut* of
the last Will of Nathaniell Bacon Esqre late Audit* of their Mas Reve¬
nue of this Colony, who giving an account thereof, and Mr Auditor Byrd

240

Executive Journals, Council of Colonial Virginia

having Examined the same, It is Ordered that the said Burwell appeare
at the Audite the 21th day of June next and pay the ballance of the
two Shillings per hhead account that shall appeare due in his hands,
as also give bond and Security to pay all Such Sums of Money as shall
appeare due to their Mas for Quit Rents and the part of the Negroes
& c Seized in the yeare 1687 as the R1 Honoble William Blathwaite
Esqre their Mas Auditor Gen11 of America shall direct, and to pay all
such sums of Mony as shall not be allowed upon Examination of the
account in England.

The R1 Honoble the Lieu1 Govr acquainting this Board that he
perceived by the Ships Rydeing in Maryland and having liberty to
Fetch Tob° from this Government great opportunity was given to de-
fraude their Ma8 of their dues, and he Supposed Contrary to the Act
of Parham1 against carrying the Innumerated [enumerated] Comodi-
ties from one plantation to another without paying their Ma8 Duties
and therefore proposed that it might be Considered how the same for
the future should be prevented, On Consideration whereof the R1
Honoble William Blathwaite Esqr is desired to Supplicate the R1 Hon-
oble the Lords Comittee for Trade & plantations to take the same into
their Considerations, and give such directions therein as they shall
Judge requisite for their Ma8 Service

The R1 Honoble the Lieu1 Govr proposeing to this Board that it
might be Considered what should be done if a small tract of Land
on which were Considerable buildings of great value should Escheate,
and noe person soe neare, of kin left as may have a reasonable pre¬
tension to the Grant thereof, onely some person of little Esteeme who
never did their Ma8 any Service by being in possession have a pretion
[pretention] thereto, On Consideration whereof the R1 Honoble William
Blathwaite Esqre is requested humbly to represent the same to the
R1 Honoble the Lords Comittee for Trade and Plantations, and pray
their Lordships to give their directions therein

The R1 Honoble the Lieu1 Govr Recomended to the Councill to
Consider the best and most likely way to improve their Ma3 Revenue
of Quit rents of this Colony, and acquaint his Honor therewith at the
meeting of the Councill in June next.

Whereas by a former Consideration of this Board, it was Judged
for their Ma3 Service that Mr Christopher Robinson who was a very
useful Member of the R1 Worp11 the House of Burgesses now Setting
should not be Sworne of their Ma8 Councill (to which place their Most
Sacred Ma8 have been pleased to appoint him) till the End of the
present Session of Assembly, and the said Robinson not being present
nor cannot be Expected he should by reason of his Misfortune in the
Death of his wife, The R1 Honoble the Lieu1 Govr is therefore desired
to give the said Robinson directions to Attend at the Councill the 21th
day of June next, then to be Sworn of their Ma8 Councill of this Colony
according to their Ma8 Comands therein.

Copa Vera

Test

William Cole Seer

Executive Journals, Council of Colonial Virginia

241

Att a Gen11 Court held at James City Aprill the 21th 1692

Present

William Cole Esqr Secr President
Ralph Wormeley Esqr Christopher Wormley Esqr

William Byrd Esqr Henry whiting Esqr

Jn° Lear Esqr Edmund Jenings Esqr

Isaack Foxcroft on behalf of their Majtys the Govr of this Colony
& himself humbly Gives this Court to Understand & be Informed that
whereas by an Act of Parliament made in the Fifteenth year of the
Reign of our late Sovereign Lord King Charles the Second Entituled
an Act for Encouragement of Trade Itt is amongst other things therein
Contained Enacted that from & after the 25th day of March one thous¬
and six hundred Sixty four noe Comodytye of the Growth production
or Manifacture of Europe shall be Imported into any Land Island
Plantacon Colony Territory or place to his Majty belonging or which
shall hereafter belong unto or be in the possession of his Majty his
Heirs & Success” in Asia Affrica or America (Tangier onely Excepted)
but what shall be bona fide & without Fraud Laden & Shiped in Eng¬
land Wales or the Town of Berwick & in English Built Shiping or
which were bona fide bought before the first day of October 1662 & had
Such Certificate thereof as is directed in one Act past the last Session
of this present Parliament Entituled an Act for preventing Frauds &
Regulateing abuses in his Majtyes Costomes & whereof the Master &
three fourth of the Mariners at least are English & which Shall be Car-
ryed thence to the sd Lands Islands Plantacons Colonyes Territoryes
or places & from noe other place or places whatsoever under the pen¬
alty of the Loss of all such Comodytyes of the Growth production of
[and] Manifacture of Europe as shall be Imported into any of them
from any other place whatsoever by Land or Water and if by Water
of the Shipp or Vessell alsoe in which they were Imported with all her
Gunns tackle furniture Amunicon & Apparell one third part to his
Majty his heirs & Success” one third part to the Govr of such Land
Island Plantacon Colony Territory or place into which such Goods
were Imported if the sayd Shipp Vessell or Goods be there seized &
Informed against & Sued for or otherwise that third part alsoe to his
Majty his heirs & Success” & the other third part to him or them who
shall Seize Inform or sue for the Same as by the sd Act may more at
large Appear. And the Informant Sayth that Contrary to the aforesd
Act on or about the 25th day of Decembr last were Imported into this
Colony from Leith or Some other place in the Kingdome of Scotland
wch sd Leith or other place is noe part of England Wales or the Town
of Berwick upon Twee'd the following Goods which are of the Growth
Production & Manifacture of Europe in the good ship William & Mary
Thomas Meech Master that is to Say one Tunn & half of Iron Eight
dozen of Felts two Chests of Glass Six Small Saddles Eighteen peices
of Kersey Six peices of Serge two peices of Camlet one hundred pound
weight of Norwich stripps half an hundred of Haberdashers Ware three
pound Weight of thrown Silke one hundred & fourteen peices of white
& blew Linnen three peices of Tickins Eighteen dozen of Stockings six

242

Executive Journals, Council of Colonial Virginia

gross of Buttons thirty pound of thread thirty pair of Shoos one Barrell
of Pypes with many other Goods of the producon of Europe And that
the sd Master & three fourths of the Mariners at least are not English
and therefore the Informant Sayth that the sd Shipp or Vessell Called
the William & Mary with all her Guns Furniture tackle & Apparell
with all the Goods Comodytyes & c Imported as aforesd are forfeited
& c. for which the Informant prayes Judgment To which the defdt
Thomas Meech Commander & part owner of the sd Shipp William &
Mary by William Sherwood his Attorney comes on behalf of the sd
Shipp & defends the Informacon aforesd & pleads not Guilty & puts
himself upon the Country & c: And a Jury being Impanel’d and Sworne
to try the Issue viz1 L1 Coll Jn° West foreman Coll Jn° West Mr William
Downing Cap1 Thomas Mountfort Mr Richd Willis Mr Mabrum
[Martrum or Mattron, according to Hening] Wright Mr Maurice
Cock Mr Jn° Burketc Mr Rob1 Leightonhouse Mr Francis Wright Mr
Tully Robinson Mr William Archer give for Verdict wee of the Jury
having Consider’d the matter given us in Charge doe find that the
shipp William & Mary Thomas Meech Comander is Sayled with Eng¬
lish Mariners according to the Statute wee alsoe find by divers Evi¬
dences Sworne at the Barr that the Goods on Board the sd Shipp were
Loaden & put on Board at Holy Island a Creeke appertayning to
Berwick a Port in the Kingdome of England which alsoe Appears by
a Coquet & Certificate from the Port of Berwick but whether the ship-
ing of the sd Goods & Certificate thereof be Legall according to the
Intent of the Statute Wee can not Judge by reason of the great Variance
between the sd Certificate & the other Certificates given us to Compare
the Same withall and alsoe the difference that is between them which
is alsoe great Wee therefore humbly submit the same to the Honoble
Govr and Councill to determine if the sd Goods were not Shipt &
Certificate & Cocquet made according to the intent of the statute of
Navigacon then wee find for their Majtyes But if the Goods were Shipt
& Certificate & Cocquet made according to the intent of the statute
then wee find for the defdt which being Argued on both sides & the
Pleas & Arguments being by the Court matureley Considerd are of
opinion that the Certificates & the Honoble Corn13 of the Costomes
Names are very different from diverse Certificates & Letters of their
Honrs now produced in Court & having Compar’d them there Appears
great Cause of Suspicion that the Com” of the Costomes Names
Subscribed to the Certificate which mentions Security to be Given
at Berwick for the said Ships Returne to England are not their hand
writing & that the sd Certificates & alsoe the Cocquets have not been
dueley & Legally Obteyned It is therefore Ordered that Cap1 Isaack
Townsend Commander of their Maytyes shipp Assurance and Com-
odore of the Fleet be desired forthwith to Send some of the seamen
belonging to the sd ship to Smiths Island & cause the sd Shipp to
be secured for their Maytyes And alsoe all the Sayls Riging Gunns
tackle Apparell & Furniture to her belonging which Coll Jn° Custis
their Majestyes Collector there hath Secured is Ordered hereby to de¬
liver And that Coll Jn° Custis doe Cause the sd Shipp & all the Sayls
Riging Gunns tackle Apparell & Furniture to her belonging to be

Executive Journals, Council of Colonial Virginia

243

forthwith Inventoryed & Apprayzed to the full & true Value by Majr
Ja8 Robins Mr Jn° Harmanson Cap1 Nathaniell Littleton & Mr Jn°
Ayres or any three of them they being first sworne And if the sd
Thomas Meech doe presently after the Appraizment Give Bond with
good & Sufficient Security to the sd Coll Custis according to Act of
Parliament for his goeing directley with the sd Shipp for England &
there Unload the danger of the Seas Excepted And alsoe Bond with
good & Sufficient Security for double the Value the sd Shipp with her
Gunns Sayls tackle Apparell & Furniture Shall be Apprayzed at that
he will within one year procure the Honble the Comrs of their Majtyes
Costomes in England to transmit to this Government under their
Hands, & Seals a Certificate that the Goods Imported in the sd Ship
were dueley & Legally Shipped according to the true intent & meaning
of the Act of Parliam* & Cocquets Legally Obtayned & in default
thereof to Pay the full Value of the sd Appraizement here then the
possession of the sd Shipp to be delivered to the sd Meech But if Such
Bonds & Securityes are not forthwith after the Appraizement given as
before is directed that then the sd Cap4 Townsend Cause the sd Shipp
forthwith to be brought into James River & there secur’d in Order to
her Safe goeing for England with the Fleet

Co pa Vera

Test Miles Cary Cl Genii Cur

Attestacon of ye Councill touching Cap1, Nicholson’s behaviour

Itt being demanded of us, this day in Councill by the Right Honble
the L‘ Govern1- whether wee did ever hear or know yt ye last Assembly
was Called by the Advice or Perswasions of any persons that were
Members of the House of Burgesses, & whether His Honr either before
the meeting or dureing the Continuance of the Assembly, used any
Clandestine, or private Meanes wth the House of Burgesses, whereof
wee were Members, untill wee were Called to serve their Maties in this
Place, wee doe for a plain & Clear Answer, say, that altho wee must
alwaies acknowledge, that the L‘ Govern hath ever, since his comeing
into this Governm1 shewed a Great deal of Favour, & Respect to both
of us, & hath been pleased to bee sometimes free wth us in generall
D scourses, wee never heard his Honr say anything, relateing to the
Calling an Assembly, or that Concerned their Mas Service, in anything
Relateing to the Goverm* of this Place, before the same had either been
made Publick, or fully agreed upon, by himself & the Councill, but
alwaies observed the L* Govern1- to bee reserved in all such things:
That tho the L1 Govern1- dureing the sitting of ye Assembly was
pleased to admitt some of the Burgesses daily to his Table, & Conver¬
sation, wch was much approved & Comended, as well by the Councill,
as the Burgesses, they lookeing on itt, to bee a Good Meanes to keep a
Good AgreenP between them, & to tend towards the Advancement of
their Mas Service, & the Publick Affaires of the Countrey. Wee never
heard, or understood, that the same was done with any other Designe,
or that the L* Govern1 made Use of that, or any other Clandestine,
or Private Meanes, for the Proposeing or gaineing anything to bee done

244

Executive Journals, Council of Colonial Virginia

in the House of Burgesses, but His Honor did on severall Ocasions,
Acquaint us by way of Advice & Caution, that itt would bee the great¬
est Folly Imaginable for the House of Burgesses, to suffer anything to
bee Proposed, or debated amongst them, y1 might anyway Intrench
upon the Royall Prerogative, woh hee was bound to Maintaine, and
that, they should not only shew their Duty therein, but in Mentioning
his Excy the Lord Effingham, their Maties Lieu1 & Govern1 Genr11 of
this Country, soe often, as Ocasion required with that Respect & Honr
due to his Place, & how well the House of Burgesses behaved themselves
agreeably thereunto, will best appear in the Proceedings of that House.
July ye 5th 1694 [1692]

A true Coppy

Fr. Nicholson Chr Robinson

Hen Hartwell

Some Questions proposed to us, their Matie9 Councill of Virga by
the Right Honoble Francis Nicholson Esqre their Maties Lieu1 Govern1-
of Virga wch his Honor desired, wee would faithfully, & truly Answer,
& is by us accordingly performed. (Viz1)

Quest: Whether when his Honr came into the Countrey, itt was not
generally discours’d by the People, y1 they had been under some
Arbitrary Proceedings, & whether they did not expect some Great
Favour from King William & Queen Mary-
Answr Itt appears by the Journall of the House of Burgesses, y1 they
greatly Complain’d of Arbitrary Proceedings, & there was att
their prsent Malies comeing to the Crowne generall Expectations
of Great Favours from them.

Q: Whether, the Councill, after his Excy the Ld Effingham & c: was
gone, were not forced for their Malies Service, & ye Quiett of the
Country to mittigate things, & not punish Offend1-3
A: Itt is presumed itt was thought for their Ma3 Service, for itt ap-
peares by the Proceedings, y1 severall things were mittigated &
the Inhabitants eased of some things they Complained of
Q: Whether wee were not Apprehensive, y1 if his Exoy my Lord Ef¬
fingham & c had stayed, the Country would have been in Trouble.
A: The Country were in a great Dissatisfaction, when his Ldsp went
away, & there was great Cause to doubt y1 some Disturbance
would have been, if severall of those thinges complained of, by the
House of Burgesses, had not been moderated
Q: Whether His Hon1- 3 Visitting all the Country severall tymes, &
Exerciseing the Militia, hath not been for their Malies Service, &
directed the People from Mallancholly Thoughts,

A: Itt hath been Judged soe by the Genr11 Assembly, & His Honr
hath had their Publick Thankes for the same.

Q: Whether his Honr hath not used all possible Endeav1-3 against
False Trade, & alwaies given the Collect1-8 strict Charge therein,
& whether any New Method hath been used, for ye Tryall of shipps
seized.

A: They have alwaies been tryed, as was Usuall in former tymes, ac-

Executive Journals, Council of Colonial Virginia

245

cording to Law, & his Honr the L‘ Govern1, hath alwaies given Strict
Charge to the Collect1, 8 & hath been very Carefull & dilligent in
endeavouring to have all False Traders discovered both in Direc¬
tion & his Personall Endeavours, And wee are Humbly of Opin¬
ion, that if their Maa bee Graciously Pleased to Confirme the Law
for Ports, itt will bee a Great Meanes to discover them
Q : Whether itt was not his Honrs Constant Practice, before the break¬
ing upp of Councills, after hee had proposed, what hee thought
for their Maties Service to aske if any of the Gentlemen of the
Councill, had anything to propose, & when hee had proposed any
thing of Momt hee did not advise them to Consider of itt.

A: Itt was his Honrs constant Practice, to aske if any of the Councill
had anything to propose, & to advise to Consider of things of
Moment by him proposed.

Q: Whether what Mr Blair did as Comissary, was not before done by
others, Impowered by the Right Revrd the Bsp of London-
A: Mr Temple, by virtue of a Power (as hee saide) called the Clergy
to meet, as Mr Comissary Blair did, & since Mr Blair went away
nothing hath been done.

William Byrd
John Lear
Edwd Hill
E Jenings
Hen: Whitinge
Chr: Robinson

July the 7th 1692 Hen: Hartwell

A true Coppy

Fr: Nicholson

[C. O. 5. Vol 1306. N° 97 or fo. 417.]

Virga fs By the Rf Honoble their Majtyes L‘ Governer

A Proclamacon Appointing a daye for Thanksgiving

It haveing Pleased Almighty God, in his Infinite Goodness and
Mercy to Preserve the Persons of their Most Sacred Majties: King
William and Queen Mary, in the Late Eminent Hazards & Dangers
they were in, And to Give Success & Victory to their Majtios Arms
Against the Enemies of our Nation & Religion & haveing Preserved
this their Majties Dominion in Peace & Quietness the Gen" Assembly
for this Country being Now Assembled to Consider of the Best Means
to Secure the Continuance thereof, I Francis Nicholson Esqr their Maj 8
L‘ Governer of this their Dominion by the Advice and Consent of the
Councill of State and the Desire of the R‘ Worshipfull the House of
Burgesses Doe hereby appoint that thursday the 14th day of this In¬
stant, be Sett apart as a day of Publique thanks Giveing for the Gen¬
erali Assembly & the Inhabitants of James City to Render our Most
Hearty and Unfeigned thanks to Almighty God for his Great Mercyes
and Blessings to their Most Sacred Majties & their Subjects, and on
Thursday the 28th day of this Instant the Same to be Performed
throughout the Whole Colony. The Ministers in their Respective Par-

246

Executive Journals, Council of Colonial Virginia

ishes not fayling to Performe the Duty of the Day by Reading the
Service of the Church & Preaching and Where Ministers are wanting
the Readers of those Parishes are to Reade Divine Service & a Homyly
Suitable to the Occasion, and all Persons are to abstaine from Service
Worke & Labour, that day Given Under my hand and the Seal of the
Colony the 9th day of Aprill in the fourth year of The Reign of our
Sovereign Lord and Lady William and Mary By the Grace of God of
England Scotland France and Ireland King & Queen Defenders of the
Faith Anno : Dom: 1692

God Save the King & Queen

Fr: Nicholson

[Vol. 1405 continued.]

Att a Councill held at James Citty June 21th 1692

Present

The R4 HonobIe Francis Nicholson Esqre their Mas Lieu4 Govr
William Cole Esqre Sec. Cr Wormeley Esqre

Ralph Wormeley Esqre Edward Hill Esqre

William Byrd Esqre Henry Whiteing Esqre

John Lear Esqre Edmund Jenings Esqre

In Obedience to an Order under his most Sacred Mas hand and
signe Manuall dated at Kensengton Octobr 26th 1691 Cr Robinson
Esqre was Sworne one of their Mas Councill of this Colony having first
taken the Oaths prescribed by Law to be taken instead of the Oaths
of Allegiance and Supremacy, and Subscribed the Test.

Cr Robinson Esqre added

The R4 Honoble the Lieu4 Govr acquainted this Board that some
persons desired Protests to be made, and noe person being Comission-
ated Publique Notary of this Colony proposed that it be Considered
how the said Protests shall be Authenticated, On Consideration where¬
of, and it being the Opinion of this Board that the appointing a pub¬
lique Notary belongs to the Crowne, but for that their Most Sacred
Ma8 have not appointed any person to performe the said Office, and
the usuall way having been to have the Colony Seale affixed to them,
there being noe particular Seale appointed for that use, It is the Opin¬
ion of this Board, that all Protests now to be made, be done before the
R4 Honoble the Lieu4 Govr and Councill, drawn by the Clerke of the
Councill, and Signed by the R4 Honoble the Lieu4 Govr, who is de¬
sired to cause the Colony Seale to be affixed to them

The R4 Honoble the Lieu4 Govr proposed to the Severall Collect4,8
that they give an account what tob° of the one penny per pound Duty
to their Ma8 is in their hands that care may be taken to Ship the same
in their Ma8 Ships the Assureance and Arch Angel if it be noe Injury
to their Sayleing, or otherwise, in their return to England with the
Fleete, and Mr Sec. Cole Collect4 of their Ma8 Customes in the Lower
District of James River giveing an account that he hath fifteene hhds

Executive Journals, Council of Colonial Virginia

247

to Ship (the other Collect” not having any) and Cap* Isaac Townsend
Comodore of the Fleete being Enquired of about the putting to [the]
said Tob° on board their Ma" said Ships, answered that he could not
take any on board the Assureance, but did not know whether it might
be convenient to put the said tob° on board the Arch Angel or not, On
Consideration whereof the Comodore is requested to enquire whether
the same may Conveniently be Carried in the said Ship, and if it may
be Carried that then he issue his Warrant to the Comander of her to
take on board the said Tob°, and acquaint Mr Sec: Cole with the same,
that he may (and he is hereby Ordered) to put the same on board and
take three receipts of the Coman dr, for the delivery thereof to the
Rd Honoble the Comission” of their Mas Customes in London, or their
Order

June 22th 1692
Present as before
William Cole Esq” Sec: absent

Upon Consideration that some persons may be desirous to make
Protests, and others have Certificates of Attestation made for the
Authenticateing of Severall Instruments of writeing on diverse Oc¬
casions which by the Method now agreed on they cannot have but
when the Councill Setts, as also that all persons concerned may be
eased of goeing far to procure the same, And the respective Collect” in
this Colony being persons of known Integrity and Fidelity and liveing
Convenient in the severall parts of this Colony, It is thought fitt and
accordingly Ordered that they be Comissionated publick Notaries till
their Mas pleasure be signified herein and the R* HonobIe the Lieu*
Govr is desired to grant them Comissions accordingly, and in the said
Commissions give them power to use their own Seales. And to pre¬
vent disputes about the Fee by them to be demanded, It is Ordered
that they be paid tenn shillings for a Protest or other Certificate of
Attestation

June 23d 1692
Present as before

On Consideration that it is very requisite the severall Collect”
of their Ma8 Customes in this Colony be supplyed with good Boates,
in Ordr to their better Secureing their Ma8 Customes, and Detecting
f^lsc Tradrs

The R*Honoble the Comission” of their Ma8 Customes are hum¬
bly desired to Ordr the severall Collect” who have none to furnish
themselves, and place the Charge thereof to their Ma3 Duty of one
penny per pound, also that they Ordr those Collect” who have or
shall have their Ma8 said Duty in their hands, to pay to those who have
none, the Charge of their Boates, out of the said Duty

The R* Honoble the Lieu* Govr acquainted this Board that he
had issued his Warrant for the appearance of John Custis Esq” late
Collect1, of their Ma8 Duties in Accomack & Northampton Counties

248

Executive Journals, Council of Colonial Virginia

to answere his Contempt in Cleareing the Ship William and Mary
Thomas Meech Comandr, Contrary to an Order of Councill laying
an Imbargo on Ships, and desired the Councill would Consider what
should be done therein, and the said Custis having appeared, and had
Liberty to say what he thought fitt, It is the Opinion of the Councill
that if the said Custis hath Comitted any fault in their Ma8 Customes,
he hath given bond to answere it, And his Honor is desired to represent
it to the R1 Honoble the Comissionrs of their Ma8 Customes, And that
their Ma8 Attorney Gen11 Consider what is Convenient to be done
with the said Custis for his Contempt of the aforesaid Ordr

Cap1 John Custis having endeavoured to discourage their Ma8
Evidence against the Ship William and Mary Thomas Meech Comand-
er, and when he was called before the Councill in Aprill last, very
rudely goeing out of Town without knowing what was determined
should be done therein, is Suspended from all his places and Offices
whatsoever Civill and Military.

It is Ordered that John Custis Esqre late Collect' of their Ma8
Duties in Accomack and Northampton Counties deliver to William
Edwards Clerk of their Ma8 Councill all the bonds, Cockquetts & Cer¬
tificates of Ships he hath, and the said Edwards is Ordered to give a
receipt for them.

June 22th 1692
Present as before

Upon the Complaint of Cap1 Richard Finch Comander of their
Ma8 Ship Henry prize, that he is in want of Carpint'8, and some Ne¬
cessaries for the Careening their Ma8 said Ship, His Honor the Lieu1
Govr desired to give him a Warrant to impress soe many Carpenters
as he shall finde Needfull, and procure such Necessaries as he shall
have Occasion for, for the Service aforesaid, paying for the same

June 23d 1692
Present as before

It is Ordered that Cap1 Richard Finch Coman dr of their Ma8
Ship Henry prize forthwith return to his Honor the Lieu1 Govr an ac¬
count of the Roading of their Ma8 said Ship according to a former Order
of Councill in that behalfe. And it is further Ordered that the said
Finch take Care to provide himselfe with his full Complim1 of good
and able seamen for the Service of their Ma8 in the aforesaid Ship be¬
fore the Fleete Sayle, which he is hereby Impowered to doe.

His Excy Lionell Copley Esqre Cap1 Gen11 and Govr in Chief of
their Ma8 Province of Maryland in a Letter to the R1 HonobIe the
Lieu1 Govr, which his Honor caused to be read, desireing their Ma3
Ship Henry prize may be s..nt to him about the beginning of July next
he suspecting he shall have Occasion to use her about that time for
their Ma8 Service, his Honor desired the Councills Opinion therein,
who Considering the said Ship being a Careening, cannot be ready by
the time proposed, and the Capes being in this Government noe Ene-

Executive Journals, Council of Colonial Virginia

249

my can goe to Maryland without goeing thro part of this Government,
soe that the preventing an Enemies comeing within the Capes is the
Security of both Governments from Danger by Sea, Notwithstand all
which if his Excy Lionell Copley Esqre & c when the aforesaid ship
shall be ready make it manifest to the R* Honoble the Lieu* Govr he
hath such Occasion to make use of her for their Ma8 Service as the
Yatch or Pinnace belonging to her cannot performe, It is the Opinion
of this Board that his Honor Order Cap* Richard Finch with the said
Ship to attend the said Service, returning with all possible Expedition
to Attend the Guard and Service of this Government the End for
which he was sent hither by their Most Sacred Ma8

June 24th 1692
Present as before

It being proposed by the R* Honoble the Lieu* Govr what Orders
shall be given Cap* Richard Finch Comander of their Ma3 Ship Henry
prize after the Fleete shall be gon, It is Resolved that the said Finch
observe and obey the same Orders as were formerly given him, viz*
the 22th of Octobr 1691, they Ling found to be for their Ma8 Service
and the Security of this their Colony and Dominion.

June 23d 1692

The R* HonobIe the Lieu* Govr produced a Copy of a Letter writ¬
ten by Mr Secret. Cole to his Excy the Lord Howard of Effingham their
Ma8 Lieu* and Govr Gen11 of Virginia, giveing an acco* of the reasons
for calling, and the proceedings of the Assembly begun in Aprill 1691,
wherein the said Mr Sec. Cole had very highly taxed and abused his
Honor the Lieu* Govr and the said Mr Sec. Cole being present his
Honor demanded of him, if the Copy produced were a true Copy, who
owned it was, and declared that none of the Gentn of the Councill ever
knew of the said Letter, or were any manner of waies concerned there¬
in, and that what he had written was Contrary to the opinion of the
Councill, and as he had privately soe he now before the Councill ac¬
knowledged he was heartily sorry for what he had written of his Honor
the same not being true, and humbly begged his Honors Pardon for
his Offence, His Honor then demanded of the Councill that they
would declare whether any of them knew of the said Letter, and that
they would give their Opinions of what was alleadged against him
therein, who all readily answered they never saw nor knew anything
of the said Letter, And that in a paper by them signed and delivered
his Honor in answere to severall Questions put by his Honor to them,
they had (as the truth was) given under their hands the Contrary of
what Mr Secret. Cole in the said Letter had written.

William Cole Esqre Sec. in an humble petition to the R* Honoble
the Lieu* Govr which his Honor caused to be read sett forth, that he
for about seventeene yeares hath had the Honor to be one of the Coun¬
cill of this their Ma8 Dominion, and their Most Sacred Ma8 by their
Comission under the Great Seale of England bearing date the 17th of
Janry in the first yeare of their Reigne were graciously pleased to ap-

250

Executive Journals, Council of Colonial Virginia

point him Secret, of this their Ma‘ Colony, dureing which time he
hath to the utmost of his Judgment knowledge and ability (which he
must acknowledge was very weake) faithfully performed the trust in
him reposed, but forasmuch as he is lately much decayed in his body
& Strength, and by reason of a deepe Melancholly that hath Seized him,
findes himselfe daily growing worse, soe as he is incapable to Serve
their Ma8 as he ought to doe in performing those great trusts as Sec:
and one of their Ma6 Councill and all other Offices, his humble desire
being to live a retired life, and Serve God Almighty the small remainder
of time he hath to live, most humbly prayed that his Honor would be
pleased to appoint such able Gentleman as he should think most fitt
for their Ma8 Service to Execute the place of Secretary untill their
sacred Ma8 pleasure be signified therein and dispence with his further
Attendance, And that his Honor will be pleased favourably to repre¬
sent his humble petition to their Most Sacred Ma8 that soe he may ob-
taine their Ma8 gracious discharge, after the reading whereof his Honor
the Lieu1 Govr desired the Opinion of the Councill therein, who ac¬
quainted his Honor that the sd Cole had all along faithfully and dili¬
gently discharged his Duty in the Severall places and Offices he had
been Honoured with, but it having pleased God, to Visitt him with a
very Violent Sickness, under which he yet languisheth, and being in
yeares may be presumed will very much decay him, if not end his days,
are therefore of Opinion the said Coles petition is very reasonable, On
Consideration whereof his Honor with the Advice and Consent of their
Ma8 Councill doth for the future discharge the said Cole from his At¬
tendance at Gen" Courts & Councills and from all publick places and
Offices whatsoever till their Ma8 pleasure be known therein, And their
Gracious Ma8 are most humbly Supplicated to take the said Coles
petition into their Royall Consideration, and grant the Same

The R1 Honoble the Lieu1 Govr upon Mr Secretary Coles laying
down his places of Secretary and Collect1, of their Ma8 Duties in the
Lower District of James River declared the said places were Vacant,
and the necessity of affaires requireing some persons to supply them,
moved the Councill would give their Advice in the Nominateing of
fitt persons to Officiate the said places till their Ma8 pleasure shall be
knowne, And Cr Robinson Esqre one of their Ma8 Councill of this
Colony being by the Unanimous Consent of the R1 Honoble the Lieu1
Govr and Councill Nominated & appointed Secretary, and the Honoble
John Lear Esqre Collect1, and Navall Officer of the aforesaid District,
and the Honoble Edward Hill, Esqre Collect1, and Navall Officer of their
Ma8 Duties in the upper District of James River, which is become
Vacant by John Lear Esqre (who held the same) his being appointed
Collect1, of the District aforesaid, And Ordered that Comissions be
forthwith prepared for the R1 HonobIe the Lieu1 Govrs signeing ,And
the R1 Honoble the Lieu1 Govr is desired humbly to supplicate their
Ma8 to be Graciously pleased to Confirm ye honoble Cr Robinson Esqre
to be their Ma8 Secret, of this Colony

John Lear Esqre & Edwd Hill Esqre who are appointed by the R1
Honoble the Lieu1 Govr by and with the Advice of their Ma8 Honoble
Councill Collect1,8 of their Ma8 Customes and Navall Officers & c de-

Executive Journals , Council of Colonial Virginia

251

sireing to be appointed Collectrs of their Ma8 Duty of one penny per
pound, the R4 Honoble the Lieu4 Govr is desired to write to the R4
Honoble the Comissioners of their Ma8 Customes, and request that
they will be pleased to send a Comission for Jn° Lear Esqre to be Col¬
lect1 of their Ma8 said Duties in the Lower District of James River,
and for the said Hill to be Collect1, of the said Duties in the Upper
District of James River, and his Honor the Lieu4 Govr is desired to
give them Ordrs to Officiate the said Places till the R4 Honoble the
Com4 8 of their Ma8 Customes signifye their pleasure.

Whereas Edward Hill Esqre by being appointed a Collect4 is in¬
capacitated to hold the place of Treasurer, And the R4 Honoble the
Lieu4 Gov4 by and with the Advice of the Councill being by Law im-
powered upon the Death or Incapacity of the said Hill to appoint an¬
other person to Execute the place till the next Meeting of the Gen11
Assembly, And Henry Whiteing Esqre being accordingly Unanimously
appointed, the R4 Honoble the Lieu4 Gov4 is desired to Grant him a
Comission

The R4 Honoble the L4 Gov4 acquainted this Board that by William
Cole Esq4e his being discharged from the Councdl there remained but
Eight, he therefore proposed that th . Councill would nominate a fitt
person to be sworne of their Ma8 Councill to make Nine according to
their Ma8 Instruction therein, and M4 Henry Hartwell and Coll Richard
Johnson being both worthy good Men and very fitt to Serve their Ma8
the Councill knew not which to make Choice of, His Hono4 the Lieu4
Gov4 then proposed it should be determined by Lott, and the Lott
falling to M4 Henry Hartwell, the R4 Honoble the Lieu4 Gov4 with the
advice of the Councill was pleased to appoint him, and he being Sent
for, and having first taken the Oaths appointed to be taken instead of
the Oaths of Allegience and Supremacy and Subscribed the Test, was
accordingly Sworne one of their Ma8 Councill of this Colony, and their
Ma8 are most humbly supplicated to confirm him.

His Hono4 the Lieu4 Gov4 acquainted this Board that he observed
for want of more roome in the Secret8 Office there could not be such
Conveniences made as was requisite, and for want thereof the Records
in that Office were to much exposed, and in great danger of being im-
besled by any evill minded person, and that for prevention thereof he
proposed (it being for the Generali good of the Country) that M4 Sec:
Robinson and Henry Hartwell Esqre who lives convenient in James
Citty should be Impowered to Consider how the same may be Amended
by adding to the Office part of the Roome Adjoyneing and to put the
same into such forme as they shall see fitt, On Consideration whereof
the Security of the Records in that Office being found greatly to tend
to the secureing the Inhabitants of this Colony in the Lands they pos¬
sess, the Records of all Pattents being there, and many other writeings
of great concerne, the R4 HonobIe the Lieu4 Gov48 proposall is Judged to
be of absolute Necessity for their Ma8 and this Countreys Service, and
the said M4 Sec: Robinson and Henry Hartwell Esqre are therefore de¬
sired to doe the same, and are hereby Impowered to agree with some
good able workman to performe what they shall Judge requisite to be
done

252

Executive Journals, Council of Colonial Virginia

The R* Honoble the Lieu* Govr acquainted the Board that he per¬
ceived Severall of the Bookes of Records in the Secret8 Offic.. were much
torne and defaced, and divers papers of great conceirne are very old
much Worne and lye in great Confusion, and to the End the true
State of them might be known and Such Care taken for their better
Security as should be requisite, proposed that some understanding
persons of good Integrity, might be appointed to take an Exact ac¬
count of all the Bookes and other papers of great Moment and State
the true Condition of them, and return the same to the next Councill
after the finishing thereof, On Consideration whereof the same being
judged absolutely Necessary for their Ma’ Service, and the peace and
quiett of the Inhabitants of this Colony by haveing Care taken (when
the Condition of the aforesaid Bookes and papers shall be known) how
to preserve them from further damage, William Edwards Clerke of the
Councill and Cap* Miles Cary Clerke of the Secrs Office are Ordrd to
performe the same with as much Expedition as possible, and at the
next meeting of the Councill after the finishing thereof make return of
their proceedings, And their great paines Care and trouble therein
shall then be certified to the next G-.n11 Assembly who noe doubt will
Order them a Suiteable and Satisfactory reward the same not being
for the advantage of some few particular persons, but of almost the
whole Country.

June 24th 1692

Present as before

In Obedience to a Comand from the R* Honoble the Lords Comit-
tee for Trade and Plantations, dated at the Councill Chamber at White¬
hall the 15th day of December 1691 the following return is humbly
made viz* That Comparing the Copies of the Lord Culpep” Grants
of the Land in the Northern Neck Sent by their Lords'58 finde them
agree with those recorded here, but it never yet Legally appeared to
this Government the Lord Culpeper was dead, nor that Phill Ludwell
Esqre had any Lawfull Authority, and to Shew what Officers were ap¬
pointed and Powers given by the said Phill Ludwell Esqre which were
Complained of, doe herewith transmitt copies of the same Attested by
Rich(* Whitehead Clerke to the Proprietrs Office of the said Neck, and
therein finde the terms proposed for the Land in the said Neck is very
grievous, a certain sume of Mony being to be paid for Composition,
and not allowing Rights for Importation of persons as their Ma8 are
Graciously pleased to doe, And upon the conceiveing Land doth Es-
cheate to the Proprietr8, the same is granted away without any en¬
quiry made whether it doth Escheate or not, which hath occasioned
severall suites of Law, and Complaints are made thereof by poore
people who alleadge they are not able to stand Law-Suites, and further
to make appeare the aforesaid Order was for their Ma8 Service and
peace and quiet of the Inhabitants of this Colony, It is fully Mani¬
fested in the humble Address of their Ma8 Gen11 Assembly begun
Aprill 1691

Wrn Edwards Clerke of the Councill produced Copies of all the
proceedings relateing to the Negroes & c brought into this Colony in

Executive Journals, Council of Colonial Virginia

253

the yeare 1687 in the Ship Society of Bristoll John Skeech Master,
which were Seized and Condemned to be forfeited to their Ma8, fairely
transcribed in a booke, and the same haveing been Examined in Coun-
cill is approved, as also a Letter to be Sent the R1 Honoble the Lords
Comittee for Trade & plantations relateing thereto.

The R1 Honoble the Lieu1 Govr having Caused to be read a letter
from the R1 Honoble William Blaithwaite Esqra dated, Whitehall 2d
Janry 1691 wherein he desires his Honor and the Councill to Consider
the Allegations contained in a petition of the Wid° of Mr Thomas Jarvis
refferred to him by the Lords Comissionrs of the Treasury to make re¬
port thereupon to their Lords p\ a Copy of which petition being by
him sent was by his Honor the Lieu1 Govr caused to be read, And upon
Examination of the Allegations in the said petition, Doe make the
following return, viz1 That wee know noething of the said Jarvis his
lending fifteene hundred pounds to Nath11 Bacon the younger, but it
is reported the said Jarvis bought Land of him in England, nor doth
it appeare to us that Sr John Berry and Francis Morryson Esqre ever
put the said Bacons Estate into the hands of ye sd Elizabeth Jarvis,
nor doe wee know what portion the said Bacon had with the said Eliza¬
beth, but wee finde that the Lord Culpeper upon good Security let
the aforesaid Thomas Jarvis have the managem1 of the Estate for the
better Improvement thereof, and as to the prayer of the petition where¬
in it is sett forth that the Land in Virg a was paid for with part of the
Mony lent in England by the sd Jarvis, the same is known to be al¬
together falce two hundred and Eleven pds Eighteen Shillings being
due to the Estate of Coll Thomas Ballard of whom he purchased it,
and hath been by the said Ballard till his Death all along Claimed,
and was promised by the Lord Culpeper that he should have one
hundred pounds out of the Estate, And the Wid° and Children of the
said Ballard have Since his Death made Continuall Claimes, (and one
of the said Ballards sons hath beene made a Justice and Militia Officer
and was a Burgess the last Assembly and for that the Wid° and Chil¬
dren of the said Ballard have very well behaved themselves, their
Claime is humbly Submitted to their Ma8 for their Royall favour.

It being represented to this Board by the R1 Honoble the Lieu1
Govr that Indians goeing in great Numbers from place to place at
the heads of the Rivers without passes often times when they are Seene
Occasions a Supposition that they are Enemyes and thereby causes
disturbance, On Consideration whereof, the R1 Honoble the Lieu1 Govr
is desired to write to the Governments of New Yorke and Pensilvania
and request them to Ordr their Indians when they Intend to come to
Our Neighbouring Indians or goe by Our Frontiers to any Nation to the
Southward of us, that they take passes from some of the Chiefe Officers
of those Governments, that if they be Seene by any of Our Inhabitants,
they may be known to be Indians in Amity with us.

It is Ordered that the respective Indian Interpret1-3 forthwith
Order Our Neighbouring Indians that if above three or four of them
designe to travell abroad together, they first come to one of the nearest
Justices in this Colony and acquaint him therewith and the time they
resolve to return, that if any English or other of the Neighbouring

254

Executive Journals, Council of Colonial Virginia

Indians meete their Tract, the Country may not be allarumed thereby,
as now is usuall.

June 23d 1692

Present as before

On Consideration of the representation made by the Justices and
Militia Officers of Stafford County about the danger they apprehend
of the Indians doeing Mischief, and the Methods they have taken to
endeavour to prevent the same, and of the petition of the Rangers
there, Setting forth their Almost Constant Attendance, & c and being
well assured they take great pains therein, the same shall be repre¬
sented to the next Gen11 Assembly, and hope they will then be allowed
a suiteable reward, and the Justices & c declaring they Judge it for
their Ma8 Service and Safety of the Inhabitants from the great dangers
may Justly be Suspected from the Indians that Lieu4 Thomas Owsley
and the tenn Souldiers under his Comand be Continued Rangeing in the
places appointed them; which in this time of Eminent danger being
Judged necessary for their Ma3 Service and Security of this their Do¬
minion, It is Ordered that the said Owsley and Souldiers, (unless it
be injurious to those Men, and they, or any of them desire to be dis¬
charged in which case the Deputy Comandrs in Chiefe are to discharge
the said tenn Souldiers, or soe many of them as desire it, and cause
others to be raised in the Lower End of the County to Supply their
places) be so long Continued as the Justices and Militia Officers of the
County aforesaid shall finde it to be of absolute Necessity, And doe
further Order, that if at any time the Court of the said County finde
Occasion they cause the Militia Officers to be Sumoned to advise
therein, as also that there be a friendly Correspondence held with the
Inhabitants of their Mas Province of Maryland which will be of great
use in these times, and upon Occasion to give them all Needfull As¬
sistance, from time to time returning the R4 HonobIe the Lieu4 Govr
an account of their proceedings, that he may give such Orders therein
as he shall finde to be for their Ma8 Service, and this Countrys Security.

June 24th 1692

Present as before

The R4 Honoble the Lieu4 Govr acquainted this Board that he
perceived there was great inconvenienceies and Danger in the Indian
Trade as it is now managed, the Indians when Our Tradrs are in their
Towns useing them very basely and highly to the dishonor of the Eng¬
lish nation, often times killing some of them, and takeing their goods
away, and the same is a great incouraging of them to persist in their
Wickedness, it not being possible to discover what Indians they were
that did it, His Honor therefore proposed to the Councill that they
would Consider what was fitt and proper to be done therein to prevent
the same for the future, And on Consideration hereof, It appeares
severall of our Traders are often Robbed by the Indians, used very
strangely amongst them, and often times some killed to the great dis-
honr and dissatisfaction of the Inhabitants of this Colony, Doe there-

Executive Journals, Council of Colonial Virginia

255

fore in all humility lay the same before their Ma', and humbly beseech
them to give liberty that the Indian Trade may be managed (as near
as the Circumstances of the Country will beare) as it is in New Yorke,
that being Judged the likelyest way to Secure the Trade, keepe the
Indians from doeing Mischief, and regain the Honor of the English,
all which will be for their Ma8 Service, and good of this Country.

The R* Honoble the Lieu1 Govr proposed to the Councill what
course should be taken to know how much to pay his Excy the Lord
Howard of Effingham their Ma3 Lieu* and Govr Gen11 of this Colony for
his Salary and perquisites due as Chief Govr that noe mistake might be
made therein, On Consideration whereof, It is the Opinion of this
Board that it is the Securest way to let the Mony & c remain till it
be known when his Excys time of Chief Govr determined, it being seen
in a Gazett that their Ma3 have been pleased to appoint another Govr
of this their Colony and Dominion of Virga, and Mr Secret. Blaith-
waite is desired to cause the necessary Ordrs herein to be Sent.

Warrants were yesterday and this day Signed in Councill by the
R* Honoble the Lieu* Govr for the Severall Sums of Mony hereafter
Exprest to be paid by William Byrd Esqre Auditr, out of their Ma3
Revenue of two Shillings per hhd and Port Duties to the persons here¬
after Named the same appeareing to be Justly due viz* to Coll Wm
Brown fifty shillings sterli for Storehouse Roome for the Amunition
belonging to the Fort at James Citty, to William Blaithwaite Esqre
their Ma8 Auditer and Surveyer Gen11 one hundred pds sterli for one
yeares Salary ending the 25th day of March last, to Jn° Povey Esqre
Soliciter of the Virga affaires one hundred pds Sterli for one yeares
Salary ending the 25th day of March last, to Wm Edwards Clk of their
Ma8 Councill of State for this Colony fifty pds Sterli, for one yrs Salary
ending the 13th day of Aprill last, and to him fifty shillings Sterli paid
for five barrells of Tarr for the use of Yorke and James Citty Forts,
to Mr Edwd Chilton their Ma3 Attorney Gen11 forty pds Sterli for one
yeares Salary ending the 20th day of Aprill last to Edwd Rawlings
Gunnr of James Citty Fort Seven pds tenn Shillings St. for a yeares
Salary ending the 25th day of March last, to Edwd Malyn Gunnr of
York Fort tenn pds Sterli for a yeares Salary ending the 25th day of
March last, to Benja; Gill Gunnr of Nansimond Fort five pds Sterli for
one yeares Salary ending the 25th day of March last, to Gerard Fitz¬
Gerald Gunnr of Rappa Fort five pds Sterli for one yrs Salary ending
the 25th day of March last, to John Lyon thirty shillings Sterli for a
yeares Salary ending the 25th day of March last for Cleaning the Armes
at Rapp3 Fort

On Consideration that the Audite cannot now be finished, tuesday
the 5th day of July next is appointed for the finishing thereof at James
Citty.

The R* Honoble the Lieu* Govr proposeing what shall be done
with the Ships that shall remain after the Fleete are gon, On Consider¬
ation whereof it appearing that there will remain but four or five
Ships in this Country, and those of noe Force, It is resolved the Col¬
lect1 8 Cleare them as they severally get ready.

It is Ordered that Proclamations be forth with prepared for the

256

Executive Journals, Council of Colonial Virginia

R‘ HonobIe the Lieu1 Govrs signeing Comanding that noe person goe
on board any Ships that comes from Sea, till they have Sent on Shore
and it be known what they are, and that all Ships (after the Sayleing
of the Fleete) that are or shall come into this Country, ryde in the
places appointed in the last Proclamation relateing hereto.

The Consideration of the Improvement of their Mas Revenue of
Quitrents, is refferred to the Audite in July next

Copa Vera

Test Chr Robinson Sec:

[C. O. 5. Vol 1306. N° 122. or fo. 489-490]

Virga fs By the R‘ Honoble the Governer

A Proclamacon Appointing Places for Ships

Whereas by an Act of Assembly made the 23d of Sep' 1667 It is
Provided that all Ships and Vessells Shall Ride in Such places as the
Govr shall think Most Convenient for their Security & Preservacon
from our Enemyes in time of Warr Know yee therefore that I Francis
Nicholson Esqre their Maj3 L* Governer of this their Dominion by
and wth the advice of the Councill of State for the Greater Security of
Ships & Vessells Tradeing in this their Majties Country in this time
of Warr Doe hereby in their Maj 8 names Order & appoint that all the
Ships and Vessells that now are or shall come into this Country Shall
Ride in the Harbours & places hereafter Appointed Viz1 In the uper
Precincts of James River above Sandy Point in the Lower precincts of
James River in Elizabeth River above the Town In Nansimond River
above the fort In Pagan Creeke as high as they can Conveniently goe,
In Warwck River above Sandy Point, In Yorke River as high as Coll:
Nath: Bacon Lately Lived, In the River in Mocjack Bay, as high as
they Can Conveniently in Rappa River above the Fort, In Corotoman
Rivr as high as they Can Conveniently goe in Rappa River, in Pean-
ketank River as high as they Can Conveniently, In Potomack River
In Wicocomico & Lower Machetucks as high as they Can & as high
as apamatux Creeke at the Eastern Shore as high as they can goe in
the usuall places Ships & Vessells Ride And Whereas by an act of
Assembly Made Sep* the 29th 1672, It is Provided that in time of Warr
Noe person or persons shall goe on board any ships or Vessells Comeing
into this their Maj8 Country Either in Sloope boate or Canoe before
the sd Ship or Vessell hath Sent on Shore and thereby is Known What
shee is upon Sertain Penaltyes & forfeitures in the Act Prescribed I
doe therefore hereby wth the advice & Consent of the Councill aforesd
strictly Charge & Coman d all person & Persons Whatsoever that from
henceforth they doe not Presume to goe on board any ship or Vessell
by any Meanes Whatsoever untill the sd Ship or Vessell hath performed
What by the before Reccited act of Assembly is directed & appointed
upon Penalty of Paying the Severall sums of Tobacco Menconed in
the aforesd act Given under my hand & the Seale of the Colony this

. . day of . . in the fourth year of the Reign of

Our Sovereign Lord and Lady William & Mary by the Grace of God

Executive Journals, Council of Colonial Virginia

257

of England Scotland France and Ireland King and Queen Defenders of
the faith Anno Dom 1692

God Save the King and Queen

Fr: Nicholson

[Vol. 1405 continued.]

Att a Councill held at James Citty July 5th 1692

Present

The R* Honoble Francis Nicholson Esqre their Mas Lieu1 Govr of Virga
William Byrd Esqre Edmund Jenings Esqre

John Lear Esqre Cr Robinson Esqre

Edwd Hill Esqre Henry Hartwell Esqre

This day the R* Honoble the Lieu* Govr Signed a Comission, Con¬
stituting and appointing Cr Robinson Esqre to be Sec. of this their
Mas Colony, and he made Oath faithfully to performe the said place,
and Edwd Hill Esqre and Henry Hartwell Esqre presenting themselves
his Security are accepted, and a bond being prepared was accordingly
signed

John Lear Esqre and Edwd Hill Esqre having given bond & security
(which was approved) were Sworne Collect” of their Ma8 Customes
in James River viz* Jn° Lear Esq” of ye Lower District, and Edwd
Hill Esq” of the Upper.

July 6th 1692
Present as before
Henry Whiting Esq” added

The R* Honoble the Lieu* Govr acquainted the Collect” that he
found by their Comissions from the R* Honoble the Comission” of
their Ma8 Customes for receiveing their Ma8 Duty of one penny per
pound on tob° that they had noe power to make Deputies, also that
he understood they did not all charge a like fees, & made bonds of
severall formes, he therefore Ordered them to take Care therein, and
for the future to Charge fees according to Law, and agree with Edward
Randolph Esq” on one forme for all bonds, permitts Lycences to
Trade & c and take the Gov” dues of Ships according to the Rule Sett
by his Excy Thomas Lord Culpeper when Govr of this Countrey.

July 7th 1692
Present as before

On Consideration that some Ships have not yet Cleared with the
Collect”, It is Ordered that the Collect” acco* with and pay Mr Audi-
ter Byrd their Ma8 dues of those Ships at the Councill in Sept. next..

258

Executive Journals, Council of Colonial Virginia

July 5th 1692

His Honor the Lieu* Govr having reced Information in a Letter
from Coll Cadwallader Jones that a Vessell with two hundred Men
was fitted out of Peteete Gwavoes [Petit Goaves, in San Domingo]
bound to our Bay, and an account by Letters from New Yorke that
some Vessells have been taken off Block Island, caused the said Letters
to be read and on Consideration thereof His Honor the Lieu* Govr is
requested to advise Cap* Isaac Townsend Comandr of their Ma8 Ship
Assureance and Comodore of the Fleete of the same, that he may pro¬
vide himselfe and take such Care of the Fleete under his Convoy, as he
shall Judge Necessary for their Mas Service; And his Honor is fur¬
ther desired to Order Cap* Richard Finch to be as Expeditious as pos-
pible in bringing their Ma8 Ship Henry prize of the Careene, and to be
very Carefull and Vigilant in performing his Duty for their Ma8 Service

Complaint being made to this Board that Severall Servants are
lately Runaway and Supposed to be gott on board their Ma8 Ships of
Warr now here, and it may also be presumed that many persons who
are Considerably indebted in this Country will endeavour to make their
Escapes in the said Ships of Warr, both which being of bad Consequence
as well to thei Mas (who will loose Considerably in their Revenue for
want of the said persons makeing Tob°) as to the Masters of such
Servants and Credit*8 of Debters, and it being Considered that for
prevention of such Mischiefs by a good Law of this Country It is en¬
acted that noe person whatsoever, carry any person out of this Coun¬
try without a pass, Doe therefore Order that the Coman dr 8 of their
Ma8 Ships of Warr now here doe not Carry any person out of the
Country who hath not a Sufficient pass. And to the End those Servants
got on board the said Ships may be discovered, and returned to their
respective Masters, It is further Ordered that the aforesaid Comand18
cause all persons on Board their Ships who have not passes as aforesaid
to be put on Shoare to the next Justice of the Peace who by a Warrant
is to send them from Constable to Constable to the place from whence
they came, and there delivered to their Masters if servants.

July 6th 1692

It being Considered that Cap* Richard Finch hath severall times
failed in observeing the Directions and Orders given him for their Ma8
Service, and hath been very Slow in all his proceedings, and that the
Ship is a heavy Sailer, and an ill Roader, the R* Honoble William Blaith-
waite Esqre is therefore requested to acquaint the R* Honoble the
Lords Comittee for Trade and Plantations that neither the Man or
Ship are fitt for their Ma8 Service in this Colony, and pray their
Lords p 8 to give such directions therein as they shall Judge for their
Ma8 Service.

July 5th 1692

On Consideration of the Intelligence received from Coll Cadwall¬
ader Jones that a Barcho longo fitted out of Peteete Gwavors with

Executive Journals, Council of Colonial Virginia

259

two hundred Men, was designed to Chesepeake Bay and of the account
received from New Yorke that the French have taken three Vessells
of, of [off] Block Island. The R* HonobIe the Lieu* Govr is desired to
acquaint his Excy Lionell Copley Esqre Cap* Gen11 and Govr in Chiefe
of their Ma8 Province of Maryland with the News wee heare, and that
it is Judged absolutely Necessary to keepe their Mas Ship Henry prize
here to Cruise about the Capes.

July 6th 1692

The R* Honoble the Lieu* Govr caused to be read a Letter from the
Honoble Major Richard Inglesby Comandr in Chief of their Ma9
Province of New Yorke wherein he Setts forth the miserable Con¬
dition of that Government, and the great danger of looseing Albany
without a Supply, and also haveing Sent the last Treaties with the
five Nations, wherein the Indians Complaine of the want of Assistance
from the Neighbouring Governments according to the Articles of Peace
made with them, both which have been duely Considered (and finding
that this Government is at very great Charge in maintaineing Forces
at the heads of all Our great Rivers to prevent the Mischiefs frequently
Comitted by Indians on the Frontiers of this Government) And to the
End this Government may give all Needfull Assistance where Oc¬
casion for their Ma8 Service shall require it, It is Ordered that Mr
Auditr Byrd pay to the Honoble Step: Van Courtland Esqre one of
their Ma8 Councill of New Yorke one hundred pounds Sterli, which
said Mony the said Courtland is to keepe in his Custody till the
Comander in Chief and Councill of that place give him an Order under
their hands, that the disposall thereof is of absolute Necessity for their
Ma8 Service,

And the Mischiefs which are Comitted by Indians in this Govern¬
ment being supposed to be done by Indians belonging to the five Nations,
the Government of New Yorke is therefore desired to take care therein,
and indeavour as much as possible they cann the prevention thereof
for unless the same be prevented this Government will be at soe great
charge that it will not be possible to give them any further Assistance
if their Danger should be greater then at present they apprehend,
which God of his Mercy prevent.

Major Richard Inglesby Comand" in Chief of their Ma8 Province
of New Yorke in a Letter to the R* HonobIe the Lieu* Govr setting
forth the miserable Condition of that Government, and the great dan¬
ger they were in of looseing Albany without a Supply, and this Gov¬
ernment willing to shew their Readiness to promote or defend their
Ma8 Interest Imediatly Ordered Mr Audit" Byrd to pay to the Honoble
Step: Van Courtland one of their Ma8 Councill of that Province one
hundred pounds Sterli for the Assistance of that Government against
their Ma8 Enemies, but for that this Country hath been and still is at
great charge in maintaining Rangers at the heads of all Our great
Rivers to prevent (as much as possible) this Country from the Danger
of the Indians, who have severall times been doeing Mischief, the R*
Honoble William Blaithwaite Esqre is therefore desired if the Govern¬
ment of New Yorke use the Mony to procure that Mr Audit" Byrd be

260

Executive Journals, Council of Colonial Virginia

reallowed the same out of their Ma8 Revenue of Quitrents due in this
Colony.

His Honor the Lieu1 Govr caused to be read a letter from his Excy
Lionell Copley Esqre Cap4 Gen11 and Govr in Chief of their Ma8 Prov¬
ince of Maryland wherein he Informes that he hath Seene the last
treaties of the Govrnm* of New Yorke with the five Nations of Indians
and that Intends not to send any money to New Yorke till the Mes¬
senger returns from hence, that thereby he may know the Measures
taken here in Supplying the aforesaid Government, On Consideration
whereof his Honor the Lieu4 Govr is desired to write to his Exoy Coll
Copley and acquaint him that this Government knowing it to be their
Duties to their Ma8 to give all Needfull Assistance to any of the Neigh¬
bouring Governments, did some little time since send one hundred &
odd pounds Sterli to the Government of New Yorke, and have now
Ordered one hundred pounds more to be sent them.

Warrants were signed in Councill for Mr Audit4 Byrd paying one
hundred pounds Sterli to the Honoble Step: Van Courtland one of
their Ma8 Councill of New Yorke, and the said Byrd accordingly de¬
livered his bills of Exchange, which his Honor the Lieu4 Govr is desired
to send to the said Courtland

Having duely Considered the best way to Improve their Mas Rev¬
enue of Quitrents, are of Opinion, the same would be to have an Exact
true and perfect Rent Roll of the Quantity of Land held by every
person, but findeing that by reason of the Unskillfullness of Survery48
in former times it would be very difficult troublesome and Chargeable
the Consideration thereof is refferred to the R4 Honoble William Blath-
waite Esq4e who is requested to give direction therein.

Finding by the return of some Sherriffs that severall persons hold
great Tracts of Land of their Ma8 and pay noe Quitrents for the same,
and having noething on the Land that may be distrained, It is Ordered
that their Ma8 Attorney Gen11 forthwith cause Major Law Smith
and M4 Richard Whitehead and those in partnership with him, who
are some of those who doe not pay Quitrents as aforesaid, to be sued
to the next Generali Court for the severall sums they are in debt for
arreares of Quitrents, that they for the future, and others, Seeing the
Care taken for recovery of their Ma8 dues may without further Charge
pay what they are in arreare, and shall yearely become due

July 5th 1692

Warrants were this day signed to pay the R4 Honoble the Lieu4
Gov4 four hundred ninety one pounds Eight Shillings and four pence
(two hundred fifty Eight pds Eleven Shillings and Eight pence reced
of Major Lewis Burwell being part) in full of three quarters of a y48
Salary due as Lieu4 Gov4 the 24th June last, to Elizabeth Admx'of
Gawen Dunbar twenty pds Sterl being for part of the Charge of a house
built for the use of the Fort at Tindalls point, and to the R4 Honoble
the Lieu4 Gov4 Seventy five pounds Sterli for his part of one yeares
house Rent ending the 24th day of June last

It appeareing there remaines two hundred fifty Eight pounds
Eleven Shillings and Eight pence in the hands of Major Lewis Burwell

Executive Journals, Council of Colonial Virginia

261

Extr of Nathaniell Bacon Esqre late Auditer of this Colony on ballance
of the said Bacons account of two shillings per hhd and Port Duties,
It is Ordered that the said Burwell pay the same to the R4 Honobl®
Francis Nicholson Esqre their Ma3 Lieu4 Govr of this Colony, who is
pleased to accept thereof in part of his Salary.

July 6th 1692

The R4 Honoble the Lieu4 Govr proposed that the Councill Would
Consider of some Convenient Secure place to keepe the Stores in, their
Ma8 have been graciously pleased to send into this Country, and those
left belonging to their Ma3 Ship Dunbarton, the places they are now at
viz4 Yorke Platforme and the house lately belonging to John Todd in
Glocester County, not being proper, being very near the Rivers Mouth
and noe defence to Secure them if an Enemye should come in, and the
Councill Concurring with his LIonor in Opinion, proposed Edmund
Jenings Esqre his Brick storehouse as a fitt place, and the same being
agreed on, the said Jenings being willing Since it was for their Ma3
Service to Spare his House, the said Edmund Jenings Esqre is there¬
fore desired to procure a Sloope and Men to fetch the aforesaid Stores
to his House (causeing a proportionable quantity to be left for the
use of Yorke and Nansimond Platformes) the Charge of which Sloope
and Men the said Jenings is to be reimburse

It is Ordered that the Gunnr of Nansimond Platforme fetch from
\ orke River the Stores Edmund Jenings Esqre is desired to leave there
for the use of the said Platforme.

William Edwards Clerke of the Councill haveing produced an ac¬
count of the Fees due to him on the Examination of the seizure and Con¬
demnation of the Negroes & c brought into this Colony in the Ship
Society of Bristoll in the yeare 1687 John Skeech Master as also of the
Wittnesses charges who desired Orders for the same and the Sherrififs
fee for Sumoning the said Wittnesses, all which amounting viz4 his
the said Edwards’ fees to twenty five pounds Eight Shillings and six
pence Sterli, and the other charges to three thousand and twenty
pounds of Tob° which said Sums having been Examined appeares to
be Justly due according to Law, and Mr3 Eliza Caufield the Ex4x of
Mr Robert Caufield who undertooke to pay the said fees and Charges
is Ordered to pay the same to the respective persons to whom it is due,
And the said Edwards acquainted this Board there was some more
Tobacco due to some persons, but they not having brought in their
accounts, he cannot state the same but presumes it will not amount
to above two thousand pounds of Tobacco if ever it be demanded.

Mr William Sherwood who appeared on behalfe of Elizabeth
Jarvis Wid° being asked if he had anything more to Offer on the said
Jarvis’ behalfe about the Land shee petitioned for, then what he de¬
livered to the Councill in June last, answered he had not, and being
asked if he on the Wid0’8 behalfe had any thing to demand of the Ten¬
ant on the Land petitioned for by the said Elizabeth, answered that
by a Lease of the Land made by the said Elizabeths Husband the Ten¬
ant was to pay a yearly Rent, but he had not the said lease.

262

Executive Journals, Council of Colonial Virginia

July 5th 1692

On the R4 Honoble the Lieu1 Gov” informing that he understands
the Govern” of Christ Church Hospitall in England complaine they
never hear from the boys they binde apprentices to the Inhabitants of
this Colony, It is Ordered that the severall Masters of Such boys cause
them to write at least twice a yeare to the Gov” of the said Hospitall,
and fully performe what by their Indentures they are bound to doe
for them, And it is further Ordered that if any of the said boys Masters
shall dye, their Exe” or Adm” Comply with this Order, And the Re¬
spective Justices of the Peace in this Colony are Ordered to take care
that this Order be fully performed, the same tending greatly to the rep¬
utation and Creditt of the Country.

July 6th 1692

William Byrd Esq” acquainting this Board that some time Since
an English Woman belonging to him was killed, and a Negro Woman
and Mollatto boy taken away by some Strange Indians, and he now
understands the Negro Woman was by the said Indians sold to an In¬
habitant in Philadelphia in the Governm4 of Pensilvania where shee
now is, On Consideration whereof it appeares to be of very dangerous
Consequence to all their Ma8 Governments in these parts, if Negroes
shall be bought from Indians, and will soe incourage the Indians to
steale from one Gov'nm* and sell to another, that it will be difficult
keepeing a Servant, and the Inhabitants of these Governments much
damnified in their Estates and discouraged Inhabiting in these parts
of their Ma8 Dominions, the R4 Honoble William Blathwaite Esq” is
therefore requested to represent the same to the R4 Honoble the Lords
Comittee for Trade and Plantations and humbly to pray them to give
such Comands therein as they shall See fitt.

The R4 Honoble the Lieu4 Govr proposed that if dureing his being
on the other side of the Bay anything of Danger should happen at the
head of James or Yorke Rivers that the Rangers Imediatly give Notice
thereof to Wm Byrd Esq”, who should forthwith Act therein as the
Occasion shall require, and if any Danger should happen at the heads
of Rapp a or Potomack Rivers that Ralph Wormeley Esq” doe the like,
if he be capable of goeing if Necessity shall require it, but if he be in¬
capacitated by the Gout or other Sickness, that then Cr Wormeley
Esq” doe the same, and his Hono” proposition being Judged for their
Ma8 Service and this Countrys Security, is approved.

July 7th 1692

On Consideration that the severall Gentlemen appointed publick
Notaries and Impowered to use their own Seales till their Ma8 shall be
pleased to appoint a publick Notary, It is most humbly proposed that
when their Ma8 shall be pleased to appoint a Notary they Order a
peculiar Seale for that Office.

Executive Journals, Council of Colonial Virginia

26 3

July 6th 1692

The R4 Honoble the Lieu1 Govr acquainted this Board that he
Intended to be at Point Comfort at the Fleetes Saileing to See them
dispatched, and that he might quicken Capt Richard Finch Comandr
of their Mas Ship Henry prize in the performance of his Duty for the
Security and preservation of this their Mas Country from danger of
Enemies by the Sea, and after the Sayleing of the Fleete he Intended
over the Bay to Accomack to Settle the Militia there, which by John
Custis Esqre his laying down his Office of Commandr in Chief, and by
Cap* John Custis one of the Deputy Comandrs in Chief his being dis¬
placed were unsettled, he therefore gave directions if any thing ex¬
traordinary in the Governm4 should happen before the Fleete Sailed a
post should be Imediatly sent to him at Kiquotan, but if the Fleete
were gon, And his Honor not returned to York or Rappa River, that a
Messenger should be Sent over the Bay to him.

July 7th 1692

The R4 Honoblc the Lieu4, Govr appointed the Councill to meete at
Mr William Becks formerly Mr Richard Clarks Plantation on York
River the first day of September next to Consider and advise of Such
things as may be for their Mas Service and Security of this Country.

Co pa Vera

Test Chr Robinson Sec:

Att a Councill held at the House of Mr William Beck
on York River August 16th 1692

Present

The R4 Honoble Francis Nicholson Esqre their Mas Lieu4 Govr

of Virginia,

Cr Wormeley Esqre Edmund Jenings Esqre

Henry Whiteing Esqre Cr Robinson Esqre Sec:

The R4 Honoble the Lieu4, Govr caused to be read Letters from
William Byrd Esqre John Lear Esqre and Edward Hill Esqre wherein
they signifie that Sickness is the reason of their not giveing their At¬
tendance, And the R4 Honoble the Lieu4, Govr acquainted the Councill
that Sickness was the Occasion of Henry Hartwell Esqre his absence,
and Cr Wormeley Esqre informed that Ralph Wormeley Esqre was
soe Sick he could not give his Attendance.

The R4 Honoble the Lieu4 Govr produced an Order of James Citty
County Court dated the 8th day of this Instant wherein upon an In¬
formation brought by Cap4 Richard Finch Comander of their Mas
Ship Henry prize against the Ship Catherine of London Derry Andrew
Crookshanks Master upon a Statute made the 15th Car : 2d the said
Ship Catherine with all her Guns Tackle Apparrell and Rigging and
the Goods imported in her were adjudged to be forfeited, but for that
the Tob° on Board (the Ship haveing Loaded tob° in Maryland before
shee was Seized) was not informed against noe mention was made

264

Executive Journals, Council of Colonial Virginia

thereof in the said Order, his Hono therefore proposed whether an
Information should not be brought against the said Tob°, On Con¬
sideration whereof and findeing that by a Statute made the 12th of
Car : 2d the Tobacco and other Goods on board the said Ship are lost
and forfeited, It is resolved that an Information be brought agains
the said Tobacco (and other Goods if any) to a Court to be held in
James Citty County the 25th day of this Instant, and in regard Cap*
Richard Finch seized the aforesd Ship, liberty is given him (for his
incouragement to performe his Duty for their Ma8 Service) to be the
Informer, and the R* Honoble the Lieu* Govr is desired to give the
said Finch an account hereof, as also to Order the Attorney Generali
to attend the prosecution of the said Information.

Andrew Crookshanks Master of the Ship Catherine which was
condemned to be forfeited for not being Navigated according to Law,
nor comeing from the places by Law appointed, petitioning that he
and the rest of the Ships Company may be paid their Wages, It is the
Opinion of this Board there is noe Wages to be paid them by their
Ma8 the Govr of this Colony or Informer against the said Ship, but
in regard some of the Men who are now on board their Ma8 Ship
Henry prize, were forward in declaring the truth, they shall be Con¬
sidered for the same at the next meeting of the Councill, that it may
be an incouragement for others for the future, otherwaies it may be
feared it will be difficult getting People to Attest the truth.

The R* Honoble the Lieu* Govr proposed which would be the best
way to dispose of the Ship Catherine which was Condemned (and the
tobacco on board her, if that should be Condemned) on Consideration
whereof It is resolved and Ordered that the said Ship (and Tob° if
Condemned) be sold at Cap* William Bassetts in New kent County
on thursday next come fortnight by an Inch of Candle for ready Money
or good bills of Exchange, that the Ship be set at one hundred and
twenty pounds, and not Sold under, the tobacco at four shillings per
Cent., but if it cannot be sold at that price, that it be sett at tenn shill¬
ings per Cent, to be shipt to any of their Ma8 Plantations Cleare of
the one penny per pound Duty on Tobacco and not Sold under, And
Mr Audit1, Byrd is Ordered to be there and manage the Vendue.

The R* HonobIe the Lieu* Govr acquainted the Councill that when
he went aboard their Ma8 Ship Henry prize he found shee was not well
manned, that his Honor had gott some Seamen, and Ordered Cap*
Finch to gett his Complem* according to a former Order given him,
his Honor also said he found severall of the Seamen wanting from the
Ship, and Complaints were made to him by some of the Officers and
Seamen that they wanted Victualls, In Consideration whereof his
Honor is desired to write to Cap* Richard Finch and Order him to
keepe his Seamen on board their Ma8 said Ship (unless there be good
reason for the Contrary) and give them their full allowance of Victualls,
and if at any time he hath occasion to send any of them from the Ship,
to give them their full allowance of Provisions with them.

The R* Honoble the Lieu* Govr acquainted this Board that he ob¬
served by some of the Collect*8 liveing at some distance from the Lower
part of their Districts, that care could not be taken by them for the

Executive Journals, Council oj Colonial Virginia

265

Secureing their Ma8 Customes as was needfull, and that it was very
illconvenient for Masters and Marchants of Ships and Vessells trade-
ing in the said Districts; and therefore proposed some way might be
prescribed for better Securing their Ma8 Duties and ease of Marchants
and Masters, On Consideration whereof, It is Ordered that Cr Worme-
ley Esqre Collect' of their Ma8 Duties in the District of Potomack
River appoint a Deputy Collect' in Stafford County, And Edward
Hill Esq'e Collect' of their Ma8 Duties in the Upper District of James
River is Ordered to appoint a Deputy Collect' in the Lower part of the
said District,

And the R* Honoble the Lieu* Gov' further acquainting that by
John Lear Esq'e Collect' of their Ma8 Duties in the Lower District
of James River his liveing at some distance from the Mouth of the
said River it was very easie for any false Traders or other Ships or
Vessells to come in, put goods a Shoare, and take tobacco on board
without paying any Duty, and be gon undiscovered by him, and also
acquainting that he was informed it was the usuall practice of severall
of the Inhabitants in the Lower part of the said River when any Ship
or Vessell arrived there, which was either to purchase a Loading or
lett Freight, to doe all they could to discourage their goeing up the
River, by telling the Master and Marchants many untruths, by reason
whereof many (rather then take the Inconsiderable rates offered below
for their Goods or Freight) leave the Government, to the great detri¬
ment not onely of the Inhabitants of the upper part of the River, but
their Ma8, by having tobacco lye all the yeare wasting, and many
hheads by badness of Roleing houses, Carelessness of people at them,
and other accidents Rotten, His Hono' therefore proposed that it be
Considered what method shall be taken to prevent the same, On Con¬
sideration whereof It is Ordered that John Lear Esq'e appoint a Dep¬
uty to be at Kiquotan, who is to be very Carefull and diligent in goeing
on board all Ships and Vessells that shall come into the River, and if
he see occasion Stop them till they shall be fully Examined and dis¬
charged, and to take care that Masters and Marchants of Ships and
Vessells be not discouraged goeing up the River by any person what¬
soever, but that he give them all due incouragement.

And upon the R* Honoble the Lieu* Gov'8 Motion, It is Ordered
that all the Collect'8 be very Carefull in Examining whether all ships
and Vessells that come into their Districts be Navigated according to
Law, and have good Certificates, and observe the Order of Councill
directing how the Quantity of Tob° loaded on board any ship or Ves¬
sell shall be discovered, and not to Cleare any till the Master declares
he hath all on board he designes to take in.

The R* Honoble the Lieu* Gov' caused to be read a letter from
William Cole Esq'e late Collect' of their Ma8 Duties in the Lower Dis¬
trict of James River giveing an account that John Strange who was
Master of the Sloope John and Sarah in the yeare 1690, and that yeare
Loaded the said Sloope with Tobacco and other Goods, and Cleared
for New England, had not produced a Certificate of the unloading of
the said Goods according to a bond by him given soe to doe, and that
he understood the said Strange was Master of another Vessell now in

266

Executive Journals, Council of Colonial Virginia

Newkent County, On Consideration whereof it is Ordered that their
Mas Attorney Generali sue for the penalty of the safd bond.

Comissions Constituteing and appointing the severall Collect1,3
publick Notaries, produced and approved, and Ordered that at the
next meeting of the Councill they be all Sworne.

A Comission signed sometime Since by the R4 Honoble the Lieu4
Govr (according to an Order of Council) Constituteing and appoint¬
ing Henry Whiteing Esqre Treasurer in the place of Edward Hill Esqre
approved

The R4 Honoble the Lieu4 Govr giveing an account that he had
mounted Eleven great Guns under the Platforme at Tindall’s point,
the Charge whereof came to five pounds fifteene Shillings and six¬
pence, which was by his direction paid by William Edwards Clerke
of the Councill to the severall persons to whom it was due, On Con¬
sideration whereof, the mounting the said Guns being adjudged for
their Ma8 Service is approved, and the Charge for performeing soe
great a Service being very little, His Honor is thanked for his care in
both, And Ordered that Mr Auditr Byrd repay the Money to the said
Edwards out of their Ma3 Revenue of this Colony.

The R4 Honoble the Lieu4 Govr caused to be read some Letters
he had received from Coll Cadwalladr Jones Govr of Providence, Sent
by William Thompson Master of the Sloope Swann who arrived some
few days since, and was by his Honor received the 8th day of this In¬
stant August, wherein he gives an account of some troubles betweene
him, and the Inhabitants of the place, and desires that a Friggott may
be Sent him from this Government to be with him by the 12th day of
this Instant, but being but one Friggott in this Country, and the time
the said Jones mentions Expired (if his desire had been thought rea¬
sonable) noething can be done therein.

The R4 Honoble the Lieu4 Govr produced Copies of the proceed¬
ings of the Examination of the Death of Cap4 William Marshall which
he caused to be read, and acquainted the Councill what Orders he had
given therein, and asked if any thing more could be done, to which
the Councill answered noething more could be done, till the persons
in Custody were brought to Tryall.

The R4 Honoble the Lieu4 Govr caused to be read a Letter from
the Justices of the Peace for Newkent County, giveing an account
that an Indian had related a Nation of Strange Indians Intended to
fall upon and destroy the Inhabitants of this Colony, and that they
had Ordered the said Indian and Interpreter to the Indians to appeare
before his Honor for his Examination, On Consideration whereof the
R4 Honob,e the Lieu4 Govr desired to cause to be raised soe many Men
as he shall see fitt, and further proceede therein as he shall finde oc¬
casion for their Ma8 Service

The R4 Honoble the Lieu4 Govr acquainted this Board that in his
seeing (he Heete made up, and goeing about the Country to Exercise
the Militia, Complaints have been made to him that severall Idle
desolute Seamen have Run from on board their Ma3 Ships of Warr
and Marchants Ships that have come to this Country, and lye Sculk-
ing up and downe, which may be of evill Consequence unless timely

Executive Journals, Council of Colonial Virginia

267

care be taken therein, His Honor also acquainted this Board that it
was supposed some persons have taken up Anchors Cables and Boates
lost in the Rivers and Bays in this Government, and ignorantly keepe
the same, not knowing but that they may doe soe, And his Honor
further acquainted that he was informed Marriage Lycences were not
issued and directed as they ought to be, His Honor therefore proposed
that some care might be taken in the above said perticulers, And that
the Law made at An Assembly begun in Aprill 1691, Entituled an Act
for the more Effectuall Suppressing the severall Sins of Swearing
Curseing & c be often published, And that the Order of Councill re¬
quiring the publishing his Mas most Gracious Letter to the R4 Rev¬
erend Father in God the Bishop of London be duely observed, On
Consideration whereof it is Ordered that a Proclamation be forthwith
prepared for his Honor the Lieu4 Govrs signing requireing all and every
their Mas Officers Civill and Military within this Government to cause
to be Seized all Stragling Seamen shall be found in their respective
Counties, and them safely to Convey to the Gunner of the Platforme
at Tindalls point, and to Comand him safely to Secure all Seamen
shall be delivered into his possession, till they be sent for by Cap4
Richard Finch Comander of their Mas Ship Henry prize (and his
Honor is desired to Order the said Finch to send every weeke or as
often as conveniently he can and receive all shall be there, and enter
such and soe many of them into pay on board their Ma3 Ship under
his Comand as he shall have occasion for, for their Mas Service in the
said Ship, and give those he shall not Judge fitt for their Mas Service
a certificate that he hath refused them, that they may not be taken
up againe) And requireing the Justices of the Peace to binde over to
the Gen11 Court all those that have harboured or Entertained any of
the aforesaid Seamen, to be proceeded against for their Contempt of
a Proclamation in that behalfe heretofore sett forth makeing return ot
all persons by them bound over, together with their recognizances in
convenient time to the Secrs Office, and Comanding that Ferrymen
doe not Sett any Seamen over the River who have not lawfull passes,
And that noe person who shall take up any Anchors Cables or Boates
in the Rivers and Bays in this Government may ignorantly keepe the
same, and thereby be put to trouble, it be sett forth and declared in
the said Proclamation that they belong properly and onely to their
Ma3, the takers up being to be allowed a certain proportion for their
Encouragement and trouble, and therefore to Comand all persons
whatsoever who already have or hereafter shall take up an Anchor,
Cable or Boate, forthwith to give an account thereof to the Sherriffe
of the County, who is Imediatly to return the same to the Secrs office,
and to sett forth that due care shall be taken that the taker up shall
be paid, And further to require that Marriage Lycences be onely di¬
rected to the Minister of the parrish wffiere the Woman to be married
dwells, if he be duely quallified, but if he be not, or there be noe Min¬
ister in the parrish, then to the next Orthodox Minister by Name.
And to the End the good Law Entituled An Act for the more Effectuall
suppressing the Severall Sins and Offences of Swearing Curseing & c.
may by often being made publick, kept in Remembrance, and some

268

Executive Journals, Council of Colonial Virginia

persons thereby deterred Comitting the abominable Sins therein men¬
tioned, and others mineded of doeing their Duty in punishing the Of¬
fend1,8, that it be Coman ded the said Law be once every two Months
published in every Church and Chappell of ease in this Government,
and that the Grandjury have it in charge to see it be performed, And
the Ministers directed to put the Vestryes in minde of it, Also require-
ing that the Order of Councill for publishing his most Gracious Ma8
Letter to the R* Reverend Father in God the Bishop of London be
duely observed.

The R* Honob,e the Lieu* Govr acquainted the Councill that he
had been at Accomack and setled the Militia in that County and
Northampton, Elizabeth Citty and Warwick Counties, And that he
Shortly intended to Visitt the Rangers and Inhabitants at the heads
of the Rivers, that he might take care the Rangers performe their
Duty diligently, and to give Such Ordrs and directions as he should
finde to be for their Ma8 Service and Security of the Country, also
meete the Strange Indians reported to be comeing on us, if they come,
And his Honor proposed that John Lear Esqre and the other Comandrs
in Chiefe, Especially towards the Seaside should be very diligent in
performing their Duties if anything Extraordinary should happen
dureing his absence (which he hoped there would not, the time of
yeare being almost over,) And that an Express be Sent to meete him,
for he thinks none will be able to Overtake him.

The R* Honoble the Lieu* Govr according to his Usuall Custome
asked the Gentlemen of the Councill if they knew of anything elce
to be proposed for their Ma8 Service, who answered they did not.

Copa Vera

Test Chr Robinson

Att a Councill held att James Citty Sep* the 20th 1692

Present

His Excellcy Sr Edmund Andros Kn* their Majts Lieu**
and Govern1, Gen11 of Virginia

Francis Nicholson Esqr L** Govr Edwd Hill
Ralph Wormely Hen : Whiteing

William Byrd Edm° Jenings

Chr: Wormely Chr: Robinson Secr

Henry Hartwell Esqrs

His Excell63 Comission from their Maj*8 bearing date att West¬
minster y° first day of March in the fourth year of their Maj*8 Reign
was this day read in the Councill Chamber after woh His Excell y and
Councill went to the Generali Court house where the Comission being
published before all there present, His Excell y tooke the Oathes ap¬
pointed to be taken instead of the Oaths of Allegiance and Supremacy,
also the Oath of Govr of this their Maj*8 Colony and Dominion and
Subscribed the Test, and the R** Honble the Lieu* Goverr and the rest
of the Councill present likewise tooke the Oaths Appointed to be taken
instead of the Oaths of Allegiance and supremacy subscribed the Test,

Executive Journals, Council of Colonial Virginia

269

and were sworne Councellors according to their Majts Instructions in
that behalfe, \vch His Excell y caused to be read And itt is Ordered that
His Excell y 8 Comission be Registered in the Councill Booke also in
the Secrers Office.

Ordered that Proclamacons be forthwith prepared for His Excell y 3
Signeing continuing all Civill and Military Magistrates and Officers
in the Execution of their respective powers and Authorities untill new
Comissions goe forth.

Att a Councill held att James Citty Sep1 21. 1692

Present

His Excell y Sr Edmund Andros Kn11 Govr &
Francis Nicholson Esqr L11 Govr Edward Hill
Ralph Wormely Hen:Whiteing

William Byrd Edm° Jenings

John Lear Chr: Robinson Secr

Chr: Wormely Hen: Hartwell Esqra

John Lear Esqr sworne one of their Majt8 Councill of this Colony
haveing first taken the Oaths Appointed to be taken instead of the
Oaths of Allegiance and Supremacy and Subscribed the Test

William Edwards haveing first taken the Oaths Appointed to be
taken instead of the Oaths of Allegiance and Supremacy was sworne
Clerke of the Councill of this Colony.

A Proclamacon Continueing all Civill and Military Magistrates
and officers in the Execution of their respective powers and authorities
untill new Comissions goe forth being prepared for His Excell y 8 Signe¬
ing, was read and Approved.

His Honr the Lieu1 Goverr proposed whether he should not take
an Oath as Lieu1 Govern1, to wch itt was Answered he was already
sworne and there was no Occasion for more

The Right Honble the Lieu1 Govr acquainted His Excell y that he
found the Government in peace and quietness and so leaves itt that
since he came to the Government he hath made itt his Cheife care
and endeavor According to their most Sacred Maj18 Comission and In¬
structions to promote first the Service of God Allmighty by takeing
care of the Clergy, and haveing the Laws against Vice put in due exe¬
cution, next in Asserting their Majls Royal Prerogative upon all Oc¬
casions, and lookeing after their Maj18 Revenue, wch he leaves now
more then ever it was before both in the two Shillings per hhead, and
Quitrents, and hath not only increased the members of the Militia
but indeavered to bring them into a good method, and then the good
of the Countrey and upon all Occasions hath taken the Advice of the
Councill, to whose help next to God Almighty he Atributes all that is
done, finds the Inhabitants are for Monarchy and the Religion Estab¬
lished in the Church of England and good Subjects to their Maj13
King William and Queen Mary, after wch His Excdlly Said he did not
question his the Lieu1 Goverr carefull management, and with his and
the other Gentlemen of the Councils Advice and assistance hoped to doe
what should be needfull for their Maj18 Service.

270

Executive Journals, Council of Colonial Virginia

His Excell y caused their most Sacred Majta Comission Consti-
tuteing and Appointing him Vice Admirall of the Rivers within this
Government and the Seas Adjacent to be read, and it is Ordered that
the same be registred in the Secretarys Office.

His Excell y brought [having brought, as a duplicate in Vol. 1306
has it] the good news of a very great Victory obteyned by their Majts
forces at Sea against the french, It is Ordred that a publick thanksgive-
ing for the same be made to Allmighty God in James Citty on Sunday
next, and in all respective Counties in this Colony on Sunday the 9th
day of October and that timely notice hereof be given in all places,
Proclamations are to be forthwith prepared for His Excell y 8 signeing.

The R* Honble the LeiffiGover1 Accquainted His Excell y that the
Generali Assembly was Prorogued till the 26th day of Apr11 next, and
that it was a question whether by His Excellencys Arivall wth a Com¬
ission to be Goverr the Assembly were not disolved to wch His Excell y
replyed that he would be very glad to have an Assembley, and dissired
the Councills Advice therein, who Answred that unless His Excell y
had any thing Extraordinary to Comunicate to an Assembly, there
was no Occasion for their meeting sooner then Aprill, and His Excell y
not haveing any thing of absolute necessity to be imediately comuni-
cated to an Assembly, and that the Countrey may not be put to the
Charge that accrues thereby, It is resolved that an Assembly be not
sooner conveined then the 20th day of Aprill next, unless something
Occur in the interim.

The R1 Honble the Leiu1 Govr produced a letter under the hand
of Ralph Wormely Esqr Collect1, of their Majts Customs in Rapa-
hanock River, dated August giveing an Account of the proceedings of
Cap1 George Purvis Comander of their Majts hyred Ship Wolfe, who
was in this Colony in Aprill 1691 in the takeing up and loading one
Richardsons Ship in the aforesaid River without entering or giveing
bond According to Law, and his the said Wormelys clearing the said
Ship, and the same being contrary to Act of Parliament, he had given
an account thereof to His Excell y the Lord Effingham but had not re¬
ceived an Answer, and therefore he acquainted His Excelly therewith,
to wch the said Wormely answered that what Cap1 Purvis did, was
when he was att James Citty in Aprill Assembley, and that haveing
heard thereof, he Acquainted the L11 Governr therewith, and that att
his returne home the Ship was loaden, and maned [manned] wth the
Said Purvis his Men, and the Duties being tendred him for the load¬
ing the Ship and bond for her goeing for England and performance of
all things required by Law, he had received the duties and taken Bond,
and that the beforementioned letter gave a full Account of the whole
proceedings, after which His Excell y dissired the Councills Opinions
therein, wch were that his Honr the Lu Goverr haveing represented ye
buisness to His Excell y the Lord Effingham, it was not proper to be
debated.

His Excell y Acquainted the Councill that he had their Majts
Coman ds to repeale the Law about Attorneys made in 1680 by Proc¬
lamation, if it were not already done, to wch ye Councill answred the
said Law was repealed by Proclamacon, His Excell y then Acquainted

271

Executive J ournals , Council of Colonial Virginia

them, that he had Their Majt3 Comands, wth their Assistance, to re¬
vise the Laws in force, and remitt them for their Majts Approbacon or
disallowance, and that all Salaries and fees should be regulated, that
landing places and Harbours should be surveyed, and fitt Fortifications
Erected in Convenient places wch their Majts doubted not the As¬
sistance of the Inhabitants, being for their Security, and that there be
an Account taken of the publick stores and fitt storehouses built to
secure them in, also the setleing of Townes upon the greate Rivers
and James Citty haveing been represented to be the Cheife place of
Judicature and seate of the Goverr, that itt be so Continued and that
their Maj1* will take it well, if the Gentlemen of the Councill will each
of them build a house in it.

Att a Councill held att James Citty Octor ye 18th 1692

Present

His Excell y Sr Edmund Andros Kn‘ Goverr & oa
Francis Nicholson Esqr L‘ Gor Hen Whiteing
John Lear Edm° Jenings

Chr: Wormely Ch: Robinson Secr

Edward Hill Hen: Hartwell Esqrs

His Excel! y the Govr haveing received a letter from Coll. Copley
their Majt8 Govr of Maryland, wherein he signifies that a horid Murder
some tyme since Comitted upon the Body of One Robert Kemble an
Inhabitant of that Province, by Abigail his Wife, one William Luffman
who hath since intermaried the said Abigail, and Jack a Negro man
wth other Confederates is lately discovered and being informed that
the said Luffman his Wife and the Negro aforesaid the principall Ac¬
tors therin, togeather wth a Negro Woman named Sue a Negro Child
and an English Boy named Peter, wth a boate and severall other goods
were apprehended seized and secured in this Goverment and that he
had sent a boate and fouer able hands well Armed Under the Conduct
of John Kemble to receive and Convey the Criminalls to their Provin¬
cial! Court and therefore dissired that they wth the Servants and goods
might be delivered the said Kemble wch said letter haveing been read
His Excell y dissired the Councills Advice therein. Whose Advice and
Opinion is, that the said Luffman Abigail his Wife, Negro Jack Negro
Sue, Negro Child English boy boate and other goods be delivered the
aforesd John Kemble to be Conveyed to the Government of Maryland,
the place where the fact was Comitted, if the said Negro Sue Negro
Child, boy Peter boate and other goods be in the said Luffmans pos¬
session, he the said Kemble paying or giveing Security to the Sheriff
of Princess Anne County to pay the debts Contracted by the said
Luffman before he was Apprehended, or notice was given of his
being suspected to be guilty of the Murder aforesaid, wch if he shall
fayle to doe that the sheriff deteyne in his Custody the aforesaid Negro,
Negro Sue Negro Child English Boy boate and Other goods that they
may be lyable for payment thereof or further Order therein.

272

Executive Journals, Council of Colonial Virginia

Att a Councill held at James Citty ye 21st Octor 1692

Present

His Excell y the Govr

Francis Nicholson Esq L* Gor Edward Hill
Ralph Wormely
William Byrd
John Lear
Ch: Wormely

Hen: Whiteing
Edm° Jenings
Ch : Robinson Secr
Hen: Hartwell. Esq3

His Excell y taking into Consideracon the best way to dispose of
Their Majts Quitrents of this Colony for this present year, dissired the
Councills Advice therein, whose Advice and opinion were that the
best way is that Mr Auditor Byrd should sell them for ready money
or good Bills of Exchange, for London, to be delivered in James Citty
in Aprill next to him or them that would give most for them and that
publick notice be given thereof.

Att a Councill held att James Citty ye 1st Novr 1692

Present

His Excell y the Govr

Francis Nicholson Esqr Lu Gor Ch: Wormely
Ralph Wormely Ed: Hill

William Byrd Hen: Whiting

John Lear Edm° Jenings

Hen: Hartwell Esq8

It being proposed to the Councill whether the present Assembley
should be disolved or continued, On Consideracon thereof It is the
Advice and Opinion of the Councill that the present Assembley be
disolved by Proclamacon, and Writts Issue for the Conveening of
another Assembley to meet att James Citty the 20th day of Aprill
next, unless something extraordinary Occur in the Interim, and then
that the Assembley be Conveened as soon as possible

A List of the severall quantities of Land for woh Patten ts are dis¬
sired being ready by His Excell y 8 Comand the Councills Opinion and
Advice is that Pattents be granted for the said Lands.

A Woman for the Murder of a Bastard Child being sentenced to
dye his Excell y dissired to be Informed what was the usuall proceed¬
ings here in such Cases, to wch itt was Answered by the Councill that
a warrant for her Execution was to issue of corse. His Excell y then
dissired the Councills Opinion about William Dolby and Edward
Legg who for the murder of Cap1 William Marshall a Justice of the
Peace and Member of the House of Burgesses was Condemned to dye,
and the Councills Opinions is that the said Dolby and Legg are Ob¬
jects of Mercy, and that they be Reprieved till the 4th day of the next
Generali Court, to the End their Majts pleasure may be known therein.

On Consideracon that in the hard season of the year now comeing
on it will be very difficult for the Rangers att the heads of the Rivers
to continue Rangeing, also that itt may be hoped no Enimy will offer

'?

Executive Journals, Council of Colonial Virginia 273

any Attempt dureing the Winter, and that the Countrey may be eased
of the great charge in keeping so many Men in pay, when Absolute
Necessity doth not require, It is thought fitt and Accordingly Ordred,
that ye Comanders in Cheife of the Frontier Counties issue their War¬
rants to the Leiutenants of the Rangers requireing them on the 15th
day of this Month to discharge ye Souldiers under their respective
Coman ds, untill the first day of March next, att wch time or Sooner if
His Excell y the Govr find cause to Order them, they are not to faile
of proceeding to Range, And itt is Ordered that the Comander in Cheife
of Stafford County issue his Warrant to Cap* Thomas Owsley require¬
ing him on the aforesaid 15th day of the Month to discharge the Soul¬
diers under his Comand.

For the Ease ofisuch persons who shall dissire to goe a fire hunting,
His Excell y w*^ the Advice of ye Councill is pleased to direct that upon
their Application to the Comanders in Cheife att the heads of the
Rivers, they give them liberty to goe and directions how to proceed
provided they be such Number as the Act of Assembley directs.

Att a Councill held att James Citty ye 12th of Jany 1692 [1692-3]

Present

His Excell y the Govr
Edwd Hill
Hen : Whiteing
Edm° Jenings
Hen: Hartwell Esq3

Upon reading Her Royall Majts Letter dated att White Hall May
the 26th 1692 directed to his Excelly the Goverr wherein her Majty
hath been graciousely pleased to signifie that by Letters Pattents under
the greate seale of England bearing date the 17th day of Frbry last
past, their Majts have given unto Thomas Neale Esqr his Exors Admrs
and Assignes full power and Authority to Erect Setle and Establish
within y e Cheife Ports of their Majts Islands Colonys and Planta-
cons in America An officer or Officers for the receiveing and dis-
patcheing of Letters and Packetts and to receive send and deliver
the same under Such rates and summs of money as the Planter
shall Agree to give, or as shall be proportionable to the rates for
the Cariage of Letters Ascertained in the Act of Parliament for
Errecting and Establishing a post Office, to hold and Enjoy the same
for the terme of One and twenty yeares wth such powers and Clauses
as are necessary in that behalfe, as by the Said Letters Pattents rela¬
tion being thereunto had may more fully Appear, And that Sr Robert
Cotton and Tho8 Frankland Esqr Post Master Generali have att the
dissire and Nomination of the said Thomas Neale in persuance of
their Majts Comands in their Said Letters Pattents by An Instrument
under their hands and the Seales of the Post Office bearing date the
17th day of Febry last Deputed and Constituted Andrew Hamilton
of East Jersey in America Esqr to Govern and manage the said Gen¬
erali Post Office, for and throughout all their Majts Plantacons and

William Byrd
John Lear
Chr: Wormely

274 Executive Journals, Council of Colonial Virginia _

Colonies upon the maine land, or continent of North America, And
for and throughout the severall Isles and Islands in North America
lying near or adjoyning to the said Continent or main land, for the
said terme of one and twenty yeares, as in and by the said Instrument
relation being thereunto had may more fully Appear And hath thought
fitt att the humble request of the said Thomas Neale and for his En¬
couragement in this usefull undertakeing, further to signifie their Will
and Pleasure to His Excell y to Assist and Countenance him the said
Andrew Hamilton his Deputies Agents or Servants upon all Occasions
in the Management of the said Gener11 Post Office and in the due Exe¬
cution of all and Singular the powers and Authorities Contained in
their said letters Pattents and in the Instrument above mentioned under
the hands and Seale of the said Post Master Gen11 According to their
true intent and meaning and to issue such orders and directions from
tyme to tyme as shall be requisitte and fitt for the better performance
of this Service persuant to the Powers in their said Letters Pattents,
and Peter Heyman Gent this day makeing Application and producing
a Deputacon from Andrew Hamilton Esqr dated the 18th day of Aprill
1692 to be his Deputy Post Master of and over all the Colonies and
Plantacons within the Goverments of Virginia and Maryland. It is
the Opinion and Advice of the Councill, that Proclamacons forthwith
Issue to make knowne their Majts Royall Pleasure and Comands, and
that the said Peter Heyman is Authorised for itt in this Goverment and
to have all due incouragement and Assistance, and is Ordred Accord¬
ingly-

An Account of the Rangers Services att the heads of the Rivers
being brought into Councill, it is referred to Mr Auditor Byrd to Ex-
amin and report.

It is the Opinion and Advice of the Councill that ye Rangers doe
not begin to Range till the first of March next, except something ex-
trordinary, when his Excell y to appoint them as Occasion.

Att a Councill held att James Citty ye 13th Janry 1692 [1692-3]

Present

His Excell y the Govr

Edward Hill
Hen: Whiteing
Edm° Jenings
Hen: Hartwell Esq8

Upon Reading the Petition of Edward Randolph Esqr Survey1
Gen" of their Majts Customs in the North parts of America And their
Majt8 Ship the Henry Prize Cap* Richard Finch Comander, being dis¬
abled by the want of Cables and Anchors to performe the Service
for wch she was sent to this Goverment, and laid up, It is the Opinion
of the Councill and Advised that Cap* Richard Finch forthwith pro¬
cure a good Sloop or other small Vessell and Agree for the hyre of her,
woh being Approved by One of the Councill is to Continue in their
Maj*8 service, till the Arival of the Friggots expected from England
w*h the Fleete or till farther Order, And that Mr Auditor Byrd pay

William Byrd
John Lear
Chr: Wormely

Executive Journals, Council of Colonial Virginia

275

what shall become due for the hyre of the said Sloop or Vessell, and
draw Bills of Exchange on the R4 HonbIe the Comissioners of their
Majts Navy for repayment thereof and Ordered Accordingly.

Mr Auditor Byrd haveing presented his report of the examination
of the tyme the Rangers at the heads of the Rivers were in Actuall
Service and proportioned their pay for the same. It is the Councill’s
Opinions and Advice that his Excell y Issue Orders to the respective
Sheriffs concerned to pay the Tobacco; Ordered Accordingly.

It is the Opinion and Advice of the Councill that a Gen11 Assembley
be conveened to meet att James Citty the Second day of March next,
and Ordred that Writts be prepared to be issued Accordingly.

The Peticon of Severall persons for Liberty to Ketch Whales, a
Comission given them by His Excell y and A Protection from being
Imprest, being read it is the Councills Opinion that the Ketching of
Whales in the Bay, and on this Coast, is for their Majts Service and
Advantage of this Countrey, and itt not Appearing that any duty had
been paid, It is the opinion of the Councill that none be demanded of
them, and Ordred.

Att a Councill held att James Citty ye 14th Janry 1692 [1692-3]

Present

His Excell y the Govr

William Byrd
John Lear
Chr. Wormely

Edward Hill
Hen: Whiteing
Edm° Jenings

It is the Opinion and Advice of the Councill that a powder roome
and a small building over itt be forthwith built in James Citty and
paid for by Mr Auditor Byrd, out of their Majt8 Revenue of this Col¬
ony and Ordred.

Upon the Peticon of John Lowry, and his producing severall Cer¬
tificates of Masters of Ships, It is the Councils Opinion , he is a fitt
person to be lycenced a Pilot for James River, and Ordred.

Upon the Application of Levin Buffkin. It is the Opinion of the
Councill that he dispose of his Armes mentioned to have been under
restraint by order of Councill dated decemr ye 9th 1690 as he shall see
cause, and Ordred.

A Forme of A Comission of the Peace, and Dedlmus for swearing
the Justices produced by the Clerk of the Gen11 Court, and Mr Attor¬
ney Gen11 Approved, and the names of the Justices in the old Comis¬
sions being read by Order of His Excell y the dead and gone out of the
Countrey are Crossed Out, and some were added where needed.

Whereas att a Councill held in James Citty y® 21 3t day of Sept
1692 the R4 Honbl® the L44 Govr produced a letter under the hand of
Ralph Wormely Esqr Collect1 of their Majt8 Customs in Rapahanock
River, giveing an Account of Cap4 George Purvis Comander of their
Majts hyred Ship the Woolfe, his takeing up and Loading One Rich¬
ardsons Ship in the year 1691 and his the said Wormelys proceeding
therein, after the reading whereof, and hearing what was Said by the

276

Executive Journals, Council of Colonial Virginia

L‘ Govr and the said Wormely. It was the Councills Opinion the said
Wormely was under no Imputacon for his proceedings in the Entring
and Clearing the aforesaid Ship, wch by Accident not being Entred in
the order relating thereto,, and being remembred by every Member of
the Councill now present, It is the Opinion of the Councill that it be
noted Accordingly.

The Councills Opinion and Advice is that the Great Guns in the
severall Counties in this Colony be mounted in convenient places, and
the Charge thereof paid by Mr Auditor Byrd out of their Majt3 Rev¬
enue of this Colony and Ordred.

Att a Councill held att James Citty March 1st 1692 [1692-3]

Present
His Excell y

Edward Hill
Hen: Whiteing
Edm° Jenings

Ralph Wormely
William Byrd
John Lear

Hen Hartwell Esq3

Chr Robinson Esqr who upon the Surrender of William Cole Esqr
their Majts Secretary of this their Majts Colony And Dominion, was
Appointed Secretary till their MajtB pleasure should be known therein,
being lately dead, and no person being Appointed by their Majts in
this Colony to Execute the Said place, and the necessity of affaires re-
quireing one to supply the same. His Excell y in Councill was pleased
to Nominate and Appoint Ralph Wormely Esqr one of their Majts
Councill to be Secretary, untill their Most Sacred Majts shall Appoint
One, or Signifie their Royall Pleasure therein and Ordred Accordingly.

There being a Vacancy in th.. Councill by the death of Chr. Rob¬
inson Esqr his Excell y Nominated Richard Lee Esqr to be Added to
the Councill, wch was to the Generali Satisfaction of the whole Coun¬
cill, and directed Mr Secretary to give him notice thereof, that he may
give his Attendance Accordingly.

His Excell y wth the Advice of the Councill was pleased to order
that on Sunday next in James Citty Prayers and Supplications be made
to Almighty God to begg the divine Assistance on the proceedings of
the Generali Assembley, called and Soone to sitt, and that on Sunday
the 19th day of this Instant the same be performed in all the Churches
and Chapells of Ease in this Colony.

Some few Ships in this Countrey being near ready to sayle for
England, His Excell y desired the Opinion and Advice of the Councill,
if any proper or necessary to goe Single, on Consideracon whereof, It
is the Advice and Opinion of the Councill there not being Ships in the
Countrey to make a Fleet, nor any Account of any that may be Sud-
ainly Expected, that those now near ready be permitted to Sayle, their
stay being to their Ruine, wherupon His Excell y was pleased to Admit
that the respective Colectrs Clear the Industrey of Plymouth in Rapp &
River, and the Mary of London in Nancemond River now ready.

277

Executive Journals, Council of Colonial Virginia

Att a Councill held att James Citty y® 2d of March 1692 [1692-3]

Present

Ralph Wormely Secr
William Byrd
John Lear
Chr: Wormely

His Excell y

Edward Hill
Hen: Whiteing
Edm° Jenings
Hen: Hartwell Esq3

Ralph Wormely Esqr Sworn Secretary of their Majts Colony and
Dominion of Virginia, haveing taken the Oaths Appointed to be taken
instead of the Oaths of Alegiance and Supremacy and Subscribed the
test

Cap4 Peter Beaverly is by His Excell y in Councill appointed Clerk
oi the house of Burgesses.

William Edwards haveing taken the Oaths Appointed to be
eJF *nstead °f the Oaths of Algiance and Supremacy and Subscribed
the Test was Sworn Clerk of the Gen11 Assembly of Virginia.

His Excell y dissired the Councill that they would Advise him
wheather he should speake to the house of Burgesses in Gen11 termes
or pertickulars to wch the Councill Answered, they were of Opinion it
was best only to speak in Gen11 termes

Att a Councill held at James Citty March ye 3d 1692 [1692-3]

Present

His Excell y

Edward Hill
Hen : Whiteing
Edm° Jenings
Hen: Hartwell Esq3

l pon the Informacon and Account given by Jacob Royland, that
Fountain a Negro who he hyred to fetch his Wife and Children from
the Woccon Indians, detyns some of his money from him, and upon
Informacon that Isaac Ferree who was bought from the Indians and
sould to, or deteyned by Mr Robert Bolling Sheriff of Charles Citty
County for his Redemcon, itt is Ordred by His Excell y wth the Advice
of the Councill that the Said Mr Bolling doe returne to his Excell y an
Account by what pretentions he deteynes the said Ferree, and that he
sumons the Negro Fountaine to make his Appeareance in James Citty
before His Excelly and Councill on thursday the 16th Instant and re¬
turne an Account of his proceedings herein to his Excell y

Ralph Wormely Secr
William Byrd
Chr: Wormely

Att a Councill held att James Citty y® 6th March 1692 [1692-3]

Present
His Excell y

Ralph Wormely Secr Edward Hill

William Byrd Hen Whiteing

Chr: Wormely Hen: Hartwell Esq*

278

Executive Journals, Council of Colonial Virginia

Upon hearing what hath been represented by Cap1 Richard Finch
Comander of their Majts Ship the Henry Prize, and Edward Randolph
Esqr Surveyor Gen11 of their Majt8 Customs, concerning ye Brigantine
taken up and imployed in their Majts service in this Colony wth the
said Finch his Officers and Men and the said Finch Aleadging he shall
now have Occasion for all his Men on Board their Majts said Ship
Henry Prize, wch he intends to refitt this Spring, It is Advised and
Ordred in Councill that the said Brigantine being returned from Cruis¬
ing and now brought into James River, be discharged.

Att a Councill held att James Citty ye 7th March 1692 [1692-3]

Present
His Excell 7

Ralph Wormely Secr Edward Hill

William Byrd Hen: Whiteing

John Lear Edm° Jenings

Chr: Wormely Hen: Hartwell Esq8

It appearing there is due to Edward Hill Esqr for money by him
paid for Sixteen pair of wheeles for the great Gunns att James Citty
and the bringing them to James Citty, Thirty pounds Ster: His Ex-
cell7 wth the Advice of the Councill is pleased to Order that the same
be repaid the said Hill out of their Majts Revenue of two Shillings per
hhead, and Port Duties.

Att a Councill held att James Citty ye 16th March 1692 [1692-3]

Present
His Excell7

Ralph Wormely Secr Edward Hill

William Byrd Hen: Whiteing

John Lear Edm° Jenings

Chr: Wormely Henry Hartwell Esq8

Richard Lee Esqr haveing taken the Oaths Appointed to be taken
instead of the Oaths of Allegience and Supremacy, and Subscribed
the test was Sworne of their Majts Councill of this Colony

Att a Councill held att James Citty y® 17th Maroh 1692 [1692-3]

Present

His Excell7

Edward Hill
Hen: Whiteing
Edm° Jenings
Hen: Hartwell
Richard Lee Esqr8

On reading a letter from Cap1 George Mason one of the Deputy
Comanders in Cheife of Stafford County to His Excell7 the Governor

Ralph Wormely Secr
William Byrd
John Lear
Chr : Wormely

Executive Journals, Council of Colonial Vi rginia

279

dated March the 8th 1692-3 of the Piscatoway Indians comeing over
Potomack River and the Apprehension or fear occasioned thereby he
had dissired the Emperor of the said Indians that neither his nor any
other Indians should come on our Side the River till further Order
from his Excell y It is the Opinion of the Councill that due regard be
had to the 9th Act of Assembley made in the year 1691 Entitled an
Act for a free trade wth Indians, and that Indians be not restrained
contrary thereto, and Ordred in Councill Accordingly.

Att a Councill held att James Citty ye 21 Maroh 1692 [1692-3]

Present

His Excell y

Edward Hill
Hen : Whiteing
Edm° Jenings
Hen: Hartwell
Richard Lee Esqrs

The form of a Patent was yesterday read in Councill wherein the
following words, Viz4 According to his Majts Instruction of the 12th of
Sep4 1662 are incerted imediately after the clause for payment of one
shilling for every fifty Acres of Land, wch words being doubtfull, as
seeming to refer to something that wanted Explanacon the Attorney
Gen11 was Ordred to search for the said Instruction wch he haveing done
produced a Coppy thereof from the Records in the Secretarys Office,
in the following words We being informed that the Grant of our Royall
Father of blessed memory heretofore made to that Our Colony to ex¬
empt the Planters from paying Quitt Rents for the first seaven yeares,
hath turned to the great prejudice of that Our Colony, and that many
have abused that Grace, and taken Occasion thereby to take and Create
a title to themselves, of such quantities of Land wch they never intend
to, or in truth can Occupie and Cultivate, but thereby Only keepe out
others who would Plant and manure the same, We doe therefore re¬
voke all such grants, as contrary to the intention of our Royall Father,
and to the good of the People and doe Appoint you by and w4h the
Advice of our Councill to give direction to our Treasurer or his Deputy,
that the Quitt Rents be carefully and Justly levied, and no longer for¬
bearance thereof by reason or Colour of such Occupation or desertion
as aforesaid. On due Consideration thereof, and it appearing that the
practise of exempting the Planters from payeing Quitt Rents the first
seaven yeares hath ever since been disused, It is the Opinion of the
Councill that the aforesaid words Viz4 According to his Maj48 Instruc¬
tion of the 12th of 7ber 1662, be left Out of all Patents to pass, and
ordred in Councill Accordingly.

Ralph Wormely Secr
William Byrd
John Lear
Chr: Wormely

280

Executive Journals, Council oj Colonial Virginia

Att a Councill held att James Citty ye 23d March 1692 [1692-3]

Present

His Excell y

Edward Hill
Hen Whiteing
Edm° Jenings
Hen: Hartwell
Richard Lee Esqrs

On the reading the Peticon of the Church Warden of S‘ Peters
Parish in King and Queen County, and heareing what was offered on
behalfe of the Vestry and all parties concerned relateing to Mr James
Boiseaus continuance or noncontinuance in the Said Parish, It is Or-
dred by His Excell y in Councill that the said Boiseau continue Min¬
ister of the said Parish According to the Agrement or Order of the
Vestrey, of the 18th day of this Instant, this present year.

Att a Councill held att James Citty ye 25th March 1693

Present

His Excell y

Edward Hill
Hen : Whiteing
Edm° Jenings
Hen: Hartwell
Richard Lee Esq”

The Vestrey of S1 Johns Parish in King & Queen County and the
Vestry of S‘ Peters Parish in New Kent County haveing petitioned His
Excellency that Mr Jacob Ware Minister might be inducted into each
of their Parishes, His Excell y Appointed this day to hear what could
be offered on either Side, and after heareing all parties in Councill,
Ordred that the Said Ware be inducted into S‘ Peters Parish, where he
was first Entertained

Upon Consideracon of the want of a person to Attend upon his
Excell y and the Councill, often tymes represented by the Councill. It
is Ordred in Councill that a person be Appointed as Messenger to
performe the same, and that for the said Service and finding himselfe
a Sufficient horse he be paid twenty five pounds Sterl per Anum out
of their Majts Revenue of this Colony.

Att a Councill held att James Citty ye 3d Apr11 1693

Present
His Excell y

Ralph Wormely Secr Edward Hill

William Byrd Edm° Jenings

John Lear Henry Hartwell

Richard Lee Esq”

Ralph Wormely Secr
William Byrd
John Lear
Chr: Wormely

Ralph Wormely Secr
William Byrd
John Lear
Chr: Wormely

Executive Journals, Council of Colonial Virginia

281

Upon representation of the Surveying or not Surveying the Lands
in Pomunkey Neck and the South Side of James River. His Excell y
by Advice in Councill doth Order that Mr James Mings doe Attend on
his Excell y in Councill in James Citty the 20th day of this instant,
when to bring wth him, all papers and matters relateing thereto.

Att a Councill held att James Citty y® 20th Apr11 1693

Present
His Excell y

Ralph Wormely Secr Edward Hill

William Byrd Edm° Jenings

John Lear Hen: Hartwell Esq3

Mr John Childs haveing first taken the Oaths appointed by the
Act pf Parmalent [Parliament] to be taken instead of the Oaths of Al¬
legiance and Supreamacy and Subscribed the Test, was Sworn their
Maj*8 Messenger of this Colony.

On reading a Copy of a Deposition sent by the Govr and Councill
of Mary Land to His Excell y Ordred that a Warrant issue requireing
their Majt8 messenger of this Colony, to take into his custody the
Bodyes of William Diggs of Yorke County Gen1 and Elizabeth his Wife,
and them safeley to convey to this place to Answer before the Goverr
and Councill such matters and things, as shall be objected against
them, and Mr Secretary is dissired to signe the said Warrant.

Att a Councill held att James Citty ye 21st Apr11 1693

Present

His Excell y

Edward Hill
Hen: Whiteing
Edm° Jenings
Hen: Hartwell Esqr8

Upon reading the Govr of New Yorkes letters of the 11th and 14th
Instant to His Excell y representing the greate necessity of that Gov-
erment to be assisted and inabled to defend themselves against the
French, for wch they dissire some supply of money, and Mr Auditor
not haveing money in his hands Sufficient to pay the Establishments
Charged on their Majt8 Revenue, but being sencible of the present
necessity of Supporting New Yorke, It is the Opinion and Advice of
the Councill that Mr Auditor procure and send six hundred pounds
Curant money of New Yorke to be paid His Excell y the Govr of New
Yorke as soone as possible att New Yorke for their Majt8 service, in
the Defence of Albany and other those parts against the French and
other Enimyes for wch to have a Warrant to be Allowed so much upon
the next Account of Moneys in his hands and is Ordred Accordingly.

Ralph Wormely Secr
William Byrd
John Lear

282

Executive Journals, Council of Colonial Virginia

Att a Councill held att James Citty ye 22 d Aprill 1693

Present
His Excell y

Ralph Wormely Sec
William Byrd
John Lear

Hen. Whiteing
Edm° Jenings

Edward Hill

Hen: Hartwell Esq

r s

His Excell y haveing received a letter wth a Coppy of a disposition
[deposition] from the Govr and Councill of Maryland concerning some
discourses Coll William Diggs and Elizabeth his Wife had in that Prov¬
ince relating to His Excell y the Govr and Councill of this Place, the
said Diggs and his Wife were sent for to Appear, and upon the Appear¬
ance of the said Coll Diggs, his Wife being sick the following questions
were put to him and Answered by him thus (Viz*) Questiones to Coll
William Diggs. Have you att your being in Maryland last Winter,
said or Affirmed that itt was reported King James had another Son
Borne of his Queen in France, and invited over severall of the Lords
wth safe conduct to see her brought to bed, upon wch some did goe over
and saw a son borne, who was created Duke of Gloucester, and that
King James had sent Proclamacons into England in print, wch were
publickly dispersed up and downe, and every where to be seen, therein
declaring a Gen11 free pardon to all not excepting Doctr Burnett, but
only the Bishop of London, and the Lord President, and all things to
that End were agreed on between King James and his Freinds in Eng¬
land, wherein amongst other things, itt was concluded there should
noe Jesuit remain in England, but that the King might exercise his
religion without molestation, and that Severall of qualitv both in Eng¬
land and Maryland did attend and waite the motion of King James’s
his Landing in England, and unknown there was a great many such in
England that after the French Fleet was beaten and the Plot or dis-
signe discovered and did not take Effect, there was Severall thousands
of horses found in England Accoutred for Warr, but no body dirst
owne them, and as for persons in the Countrey being Protestants and
refusers of the Oath they were many in Virginia. Did you report that
one Cap* Purvis should say he expected an Alteration before he got
home, and that this and the like discourse was very publickly talked
on in Virginia and in England, without any notice taken thereof, and
that His Excell y Sr Edmund Andros the Govr of Virginia did in per-
ticular freely and openly talke of the same among his Councill who also
did the same without the least notice taken and that His Excelly did
shew you the Proclamacons woh he brought out of England with him,
and that he had delivered already severall Copies thereof, and to some
persons in Maryland.

The Answer to 1 st question

Haveing heard some such like discourse I have talked of part there¬
of, but never more or so much as I did to His Excell y Coll Copley the
Govr of Maryland and some of his Councill att his House to the 2d Q.

Executive Journals, Council of Colonial Virginia

283

I never heard his Excell y the Govr of Virginia use any such discourse
to his Councill, nor any others whatsoever, nor did he ever show me
any Proclamacon, or had any that I knew off. nor did 1 ever hear or
report that he dispersed any Copies, nor that the Councill had any
such discourse as Ever I heard of, and therefore do deny the whole of
this second question and shall be ready to give my oath, when thereunto
required, as Wittness my hand this 22 d day of Aprill 1693

Wm Diggs

On Consideracon wherof, and that the letter is Signed by the
Govr and Councill of Maryland. It is the Opinion and Advice of the
Councill that the said Coll William Diggs enter into bond wth good
and sufficient security in the Penall summ of One thousand pounds
Sterl, that he and Elizabeth his Wife, will make their Appearences
before the Govr and Councill, the 4th day of the next Gen11 Court to
Answer such matters and things, as shall be Objected against them,
and to be of the good behaviour to our Sovereign Lord and Lady King
William and Queen Mary, and all their Leige people till that tyme and
Ordred Accordingly

Aprill ye 26th 1693
Present

His Excell y

Ralph Wormely Secr Hen: Whiteing

William Byrd Hen: Hartwell

Edward Hill Richard Lee Esqs

His Excell y being Acquainted that the Surveyor of Accomack
County was dead, and Application made to him by Mr Daniell S*
Thomas Jenifer for that Surveyors place, and Mr William Heslett also
praying his Excell y that he may be appointed Surveyor of Nansemond
County in the place of Cap* Thomas Lear who is lately dead, Asked
what was usuall in such cases, and an Order of Councill being read
dated Octor 24th 1691, wherein it is said, for that no person Appeares
to be quallified to grant Surveyors Comissions, Mr George Williamson
was Appointed Surveyor of Surry and Isle of White Counties, that
place being Vacant. It is the Opinion and Advice of the Councill that
persons fittly quallified, be appointed by his Excell y the Govr to offi¬
ciate the aforesaid Vacant places, of Accomack and Nansemond Coun¬
ties.

Aprill 27th 1693
Present

Ralph Wormely Secr
William Byrd
Chr Wormely

His Excell y

Edward Hill
Hen Whiteing
Hen: Hartwell
Richard Lee Esqra

284

Executive Journals, Council of Colonial Virginia

Mr James Mings this day Appearing in Councill to give an Account
relating to the Lands, on the South side fo James River, and in Po-
munkey Neck and not saying anything Materiall, butt that he had not
m his practise Surveyed any in either place, or where Indians Con¬
cerned, and the same lying now before their Majte It is the Opinion
and Advice of the Councill that the said Lands remain as now they
doe, till the Arrivall of the Fleet or further Order, And Ordred Accor¬
dingly.

His Excell y dissiring the opinion and Advice of the Councill re¬
lating to the Comission of the Peace, for James Citty County, It is
the Advice and opinion of the Councill that Cap* James Bray and Cap1
Humphry Higgison two of the Justices for James Citty County being
out of the Countrey, be left out of the Comission of the Peace, for that
County and that Mr David Bray, and Mr George Marable are fitt
persons to be Added, and Ordred Accordingly.

Upon reading this day in Councill a letter of the 22 d Instant to the
Governor from Coll Charles Scarborough Comander in Cheife, a Just¬
ice of the Peace, and President of the Court in Accomack County, that
Mr William Anderson one of the Justices there hath about the 20th
Instant, abetted and Suffered the under Sheriff of Sumersett County
m Maryland, and others by pretence of a Warrant from the Goverr of
Maryland, to take and Carie away Edward Randolph Esqr out of Ac¬
comack in this Goverment to Maryland It is the opinion and Advice of
the Councill, and Ordered in Councill that the said William Anderson
be sent for by Warrant to the Sheriff of Accomack County forthwith
to Answer what shall be Alleaged against him in that behalfe before the
Govr and Councill in James Citty. It is also the Opinion and Advice
of the Councill that his Excell y the Govr write to the Govr of Maryland
to remand the said Edwd Randolph so forceably taken away by pre¬
tence of his Warrant out of the Goverment.

Att a Councill held att James Citty ye 29th Apr11 1693

Present
His Excell1’

Ralph Wormely Secr Edward Hill

William Byrd Hen: Whiteing

Chr: Wormely Hen: Hartwell

Richard Lee Esqrs

. reading the Peticon of Taptico and other of the Wickocomoco
alJout their Lands, and the order of the Gen11 Court dated June
the 7 1678 and an order of Councill dated May the 22 d 1683 relateing

thereto. It is the opinion and Advice of the Councill and Ordred in
Councill that Cap* John Smith one of the Persons Complained of by
the said Indians, have regard that they be not disturbed, to the In-
fringment of the aforesaid Orders.

On Consideracon of the Address of the late house of Burgesses
that some tyme after the breaking up of this past Gen11 Court, should
be Appointed for the reviseing of the Lawes of this Colony It is the

Executive Journals, Council of Colonial Virginia

285

opinion and Advice of the Councill that it be referred to be done the
next Gen11 Assembly, and ordred Accordingly.

On Consideracon of the Peticon of Cap1 William Tayloe, Mr John
Loyd and Mr John Tauerner on the behalfe of themselves and the rest
of the Parishioners of the Parish of Farnham in the County of Rich¬
mond, setting forth that the Court of that County had turned out the
Vestrey of the said parish, and Appointed a New Vestry. It is the
opinion and Advice of the Councill, that the Court of the aforesaid
County, forthwith returne to the Secretarys Office a full and per-
tickular Account of all their proceedings therein, that they may be
Considered att the next meeting of the Councill, and that they give all
persons concerned notice, that they may attend att the Said Councill,
and Mr Secretary is, when the Councill shall be Appointed to meet, to
give notice thereof to the aforesaid Court and ordred Accordingly.

On Consideracon of what hath been Intimated by Letter from the
the Govr and Councill of Maryland to his Excell y concerning several
words spoken by L‘ Coll Fitzhugh, It is the opinion and Advice of the
Councill and ordred in Councill that the said Fitzhugh take the Oaths
appointed by Act of Parlament to be taken instead of the Oaths of
Allegiance and Supreamacy, and subscribe the Test, also that he give
Bond wth good Security in the penall Summ of five hundred pounds
Sterl to Appeare the 4th day of the next Gen11 Court, before His Ex¬
cell y and the Councill in Councill in James Citty to Answer what shall
be objected against him on that behalfe, and it is farther Ordred that
if he sahll refuse to take the oaths and subscribe the Test as aforesaid,
that he be bound to the good behaviour.

It haveing pleased Almighty God to Afflict this Country with the
measles whereof Severall have dyed, It is the opinion and Advice of
the Councill that Wednesday the 1 7th of May next be set apart through¬
out this Colony, humbly to Implore by fasting and Prayers, the Mercy
of Almighty God in the pardon and forgiveness of our Sins and to
Avert his further Judgments we Justly deserve and Ordred Accordingly.

Att a Councill held att James Citty ye lBt of May 1693

Present
His Excell y

Ralph Wormely Secr Hen:Whitemg

Cr. Wormely Hen: Hartwell

Edward Hill Richard Lee Esq3

Cap* Peter Beaverly Clerke of the Gen11 Court haveing extra¬
ordinary occasions to be Absent from the Secretarys office, Mr Secre¬
tary moved that Mr Robert Beaverly might be sworne as Clerke of his
Office to doe and performe what the Clerke of the Gen11 Court may or
ought to doe, dureing the said Peter Beaverlys absence, the same is
granted, and the said Robert haveing taken the Oaths Appointed by
Act of Parlament to be taken Instead of the Oaths of Aleigance and
Supreamacy and Subscribed the test, was Accordingly sworne.

286

Executive Journals, Council of Colonial Virginia

Att a Councill held att James Citty ye 25th of May 1693

Present
His Excell y

William Byrd
John Lear
Chr: Wormely

Edward Hill
Edm° Jenings
Hen: Hartwell Esq

Their Majts Letters Pattents dated the 17th day of Febry 1691
Impowreing Thomas Neale Esqr to Erect settle and Establish Post
Offices within their Majts Dominions in the North parts of America
Read, and by his Excell y wth the Advice of the Councill, Ordred to be
Recorded in the Councill Booke.

Sr Robert Cotton and Thomas Frankland Esqr their Majts Post¬
master Gen11 their power to Andrew Hamilton Esqr dated the 4th day
of Aprill 1692 to Govern and manage the Post Offices granted Thomas
Neale Esqr Read, and by his Excell y wth the Advice of the Councill,
Ordred to be recorded in the Councill Booke.

On reading Andrew Hamilton Esqr his Memoriall relating to the
post offices to be setled, Ordred that Proclamacons Issue declareing
that the power of Setleing Ferries in Convenient places, where none
are already setled by Lawfull Authority, is by their Majts Letters Pat-
tents Granted Thomas Neale Esqr his Exors Admrs or Assignes for the
Terme of Twenty One years Under such limitacons in the said Letters
Pattents [as] are directed and Inserted.

Att a Councill held att James Citty ye 26th May 1693

Present

His Excell y

William Byrd
John Lear
Chr: Wormely

Edward Hill

Edm° Jenings
Hen: Hartwell Esq

Lieuu Coll Fitzhugh haveing in obedience to an order of Councill
dated Aprill ye 22 d 1693 taken the oaths Appointed to be taken by
Act of Parlament instead of the Oaths of Alegiance and Supreamacy
and subscribed the Test, It is the opinion and Advice of the Councill
that the said Fitzhugh give Bond wth good Security in the penall
summ of five hundred pounds Sterl to make his Appearance before His
Excell y and the Councill in Councill att James Citty the 17th day of
Octor next, to Answer what shall be Objected ag‘ him, and Ordred Ac¬
cordingly.

His Excell y Lionell Copley Esqr Govr and the Councill of their
Majt« Province of Maryland by letter to His Excelly dated the 6th
instant, woh his Excell y caused to be read in Councill haveing desired to
have Edward Randolph Esqr remanded into the Custody of the Officer
that persues him from whome he made his Escape (and is thereby be¬
come a Felon) and in a postscript to the said letter, dated the 11th
Instant, Signifying that they send Mr Charles Nicholson and Mr Luff
high Sheriffs of Sumersett County to receive his Excell y 3 Comands to

Executive Journals, Council of Colonial Virginia

287

that purpose, On dew Consideracon whereof, and off what the said
Randolph Surveyor Gen11 of their Majts Customs in the North parts
of America was Comitted for, It is the Opinion and Advice of the
Councill that the said Randolph ought not by Law to be remitted to
the Goverment of Maryland, and Ordred Accordingly.

Whereas John Chiles Messenger was by Warrant from His Ex¬
cell y Comanded to take and receive into his Custody from Sebastian
Delastatius Constable in Accomack County Edward Randolph Esqr
Surveyor Gen11 of their Majts Customs in the North parts of America
Comitted by William Anderson Gent one of the Justices of the Peace
for the said County of Accomack and him safely to bring and keep att
James Citty till further Orders, wch being Served, accordingly and
the said Edward Randolph Appearing, and there being no legall Cause
for the said Andersons Comitting of the said Edward Randolph, Itt
is the Opinion And Advice of the Councill that the said Edward Ran¬
dolph be discharged from the same and from further Attendance, and
Ordred accordingly.

Whereas Edward Randolph Esqr Surveyor Gen11 of their Majts
Customs in the North parts of America was by Warrant from his Ex¬
cell y Lionell Copley Esqr Govr of their Majts Province of Maryland
Comitted to the Custody of the Sheriff of Sumersett County for utter¬
ing and divulging severall false and Mutinous speeches and reports,
and the said Edwd Randolph haveing made his Escape into this Gov¬
erment, and William Anderson Gent. One of the Justices of the Peace
for Accomack County haveing issued out hue and Cry for the Appre¬
hending of the said Edward Randolph, and also granted a Warrant for
Comitting returning and Conveying the said Edward Randolph to the
Goverment of Maryland, wch Act and proceedings of the said William
Anderson being Adjudged Unwarrantable and in Contempt of the
Goverment, Itt is therefore the Opinion and Advice of the Councill
that the said Anderson be Suspended from being a Justice of the Peace
and from all other Offices and places whatsoever Civill or Military and
give bond wth good Security for his good behaviour to any two of their
Majte Justices of the Peace for the aforesaid County, One of them
being of the Quorum, and Ordred Accordingly.

Their Majts haveing been pleased to Comand that in tyme of
Warr, Ships be not permitted to Sayle for Europe butt in fleets, and
there being Severall Ships now in this Countrey bound for Europe. It
is the Opinion and Advice of the Councill that the Respective Collectors
in this Colony doe not Cleare any Ship or Vessell bound to Europe, till
the last day of June next, when further Orders to be taken therein, and
Ordred Accordingly.

The Order, of the 29th of Aprill last relating to the proceedings of
the Court of Richmond County by reason of the shortness of tyme be¬
tween that and this Councill, is Continued till the next Councill.

Mr William Edwards praying leave to lay down his place of Clerke
of the Councill, it was granted, and James Sherlock haveing first taken
the Oaths Appointed by Act of Parliament to be taken instead of the
Oaths of Alegiance and Supremacy and Subscribed the Test, was
Sworne Clerk of the Councill.

288

Executive Journals, Council of Colonial Virginia

Att a Councill held att Mr Secretr Wormely June 31st [30th] 1693

Present
His Excell y

Ralph Wormely Secr Chr: Wormely

Edm° Jenings Esq3

It is the Opinion and Advice of the Councill that the severall Col-
lectrs of each district have liberty to Clear all Ships bound for Europe
that shall be ready to Sayle by the Seaventeenth of July Giveing bond
and Security to come into or to the mouth of Yorke River, of wch Ships
or Vessells, an Account to be given to the Goverr by the Respective
Collectr8 and a Councill to meete att James Town the twenteth. When
Orders shall be given for ye tyme of their Sayling, till when no Ship or
Vessell be Cleared and permitted to Sayle to any part whatsoever, and
Ordred Accordingly.

Att a Councill held att James Citty the 21st July 1693

Present
His Excell y

Ralph Wormely Secr Edward Hill

William Byrd Hen: Whiteing

John Lear Edm° Jenings

Chr: Wormely Hen: Hartwell Esq3

Upon the Complaint and Affidavits of the Rangers of Potomack
against George Kener Sheriff of Northumberland for refuseing to pay
them the Tobacco alloted them in his County, he the said Kener Ap¬
pearing, said that he had sent to them to receive their Tobacco, and
was now ready to pay itt but they not comeing for itt in tyme, he had
disposed of the Tobacco least it should spoyle on his hands. The said
Kener offering to pay the Rangers of Potomack on demand; and if
demanded before Tobacco be ready, then to give them Credit on any
Ship or Store to the Value. Accordingly, Hee is thereupon discharged.

Upon reading the Returne from Richmond County Court Relating
to Farnham Parish Vestry Ordred that Cap1 John Taylor Mr John
Loyd and Mr John Taberer and others Concerned, do appear before
His Excell y in Councill upon the 23d day of Octo next, and Ordred
Accordingly

Mr Charles Anderson Minister Presented to His Excell y by the
Vestry of Westopher Parish for Induction to the said Parish. That he
be Inducted producing his Testimonialls

Upon the Peticon of the Inhabitants of the South side of Sitten-
born Parish, setting forth, that wheras the said Parish of Sittenborn
being of a large Extent, and lying on both sides of the River of Rappa-
hanock in the County of Rappahanock, and upon the division of the
said County of Rappahanock into two Counties (Viz) Essex and Rich¬
mond, the one halfe of the Parish on the North side of the River and in
Richmond County divided from them and is become a Parish of them¬
selves whereby the one halfe of the Vestry Men woh live on that side

Executive Journals, Council of Colonial Virginia

289

of the River are parted from them, so that they have butt six of their
Vestry Men remaining wth them, whereby they are disabled to setle
the Affaires of their Parish in repaireing their Church Entertaining a
Minister, and providing for the poore and Impotent, Therefore humbly
prays his Excell y that he would be pleased to grant them an Order for
the Election of meet and able men of their Precincts to fill up their
Vestry, that so they may be Constituted a Parish and may thereby
be Capacitated to mentain a Minister, repair their Church and provide
for their poore and Impotent. Ordred that some of the Vestry of Each
side of the River Appear before the Govr in Councill upon the 23 d of
Octor next and bring an Account of the Number of their Respective
Tythables, and Ordred Accordingly.

Upon the Peticon of Hugh Campbell, setting forth that whereas
by an Attachment returned att the Suite of the Petitioner against Ben¬
jamin Gill to Nansemond County Court the 13th day of Decembr 1692
for Nineteen hundred and fifty pounds of Tobacco woh the Petitioner
made Appear to be dew to him, and upon Another Attachment re¬
turned to the same Court on the same day att the Suite of Peter Black
against the said Gill for thre thousand six hundred and fifty pounds of
Tobacco and ten pounds Sterl, both Attachments were Executed on
one and the same part of the Estate of the said Gill, but the Petitioner
ought to have had the preceedence for that the said Peter Blacks debt
was not become due att the tyme, yett the said County Court would
not Admitt the Petitioner as party to defend his right therin butt gave
Judgment for the said Peter Black to have his debt first sattisfied out of
the goods attached whereby the Petitioner hath lost his debt. Therfore
most humbley prays yor Excell y for releife in the Premises, and that
the Justices of the said County Court of Nansemond may be sumoned
to appear and answer the Petitioners said Complaint att the next
Gen11 Court. The said Hugh Campbell is reffer’d to take his Course att
Law against the said Justices.

July the 22d 1693
Present
His Excell y

Ralph Wormely Secr Edward Hill

William Byrd HenrWhiteing

John Lear Edm° Jening

Chr. Wormely Hen: Hartwell Esq8

It is the Opinion and Advice of the Councill that the Bengali the
Bristoll Merchant and Bristoll Factor wth the Rest of the Ships that
Cleared by the 17th of this Instant July, when they are togeather in a
Fleete att the mouth of Yorke River, and ready to sayle, Making their
Application to his Excell y be permitted to Sayle and Ordred Accord¬
ingly. .

Mr Auditor Byrd haveing sattisfied and paid their Majts Councill
of this Colony the three hundred and fifty pounds Sterl. for wch War¬
rants were Signed by His Excell y the Govr they doe hereby request

290

Executive Journals, Council of Colonial Virginia

and appoint Mr Secretr Wormely for and on the behalfe to sign re¬
ceipts on the said Warrants.

Ralph Wormeley Secr

Virginia fs By His Excy A Proclamation

Loc Whereas their Sacred Majesties have by their Royall

Sigill Comission bearing Date at Westminster the first day of
Colon. March in the fourth yeare of their Majesties Reign Con¬
stituted and Appointed me Sr Edmond Andros Kn6 Lieu6
and Governr Generali of this their Majesties Colony and Dominion of
Virginia thereby giveing and granting Unto me full power to Exercise
all and all Manner of Jurisdiction powers and Authorities to the same
belonging. Now to the End that the peace of this their Majesties Do¬
minion may be the better Secured and all proceedings at Law Continued
and that the Ordinary Course of Justice may not be Interrupted I
have thought fit by and with the Advice of their Majesties Councill of
this Colony in their Majesties Names to Publish and Declare that all
Magistrates and Officers both Civill and Military doe Continue and
remayne in all and Singular their Powers authorities and Jurisdictions
Untill further order be taken therein hereby requiring them to proceed
in the Execution of their Severall Duties and all their Majesties Sub¬
jects within this Colony are to be Aiding and assisting to them therein
and to yeild all due obedience to this Proclamation, Given Under my
hand and the Seale of the Colony the twenty first day of September
in the fourth yeare of the Reign of our Sovereign Lord and Lady Will¬
iam and Mary by the Grace of God, of England, Scotland, France,
and Ireland, King and Queen, Defenders of the faith AnnoqueDom. 1692

E Andros

God Save the King & Queen

A Proclamacon for continueing
all Offices & c

Ex per Chr Robinson Secr

A true Copie
Ralph Wormeley Secr

Virginia fs

By His Excy

A Proclamation

Loc: Whereas According to News lately received here it

Sigill hath pleased God to give great Success and Victory to
Colon Their Majesties Forces by Sea against the Forces and
Fleet of the French King whereby many of their Capitall
Shipps and others were Destroyed, I Sr Edmond Andros Kn‘ their Ma¬
jesties Lieu6 and Govern" Generali of this Colony with the Advice of the
Councill of State doe hereby in their Majesties Names require and
Command that Sunday Next being the 25th of this Instant September
be observed and Kept by all and Every ye Inhabitants of James City
and the parts Adjacent and that Sunday the Ninth day of October Next
be Kept and observed in all other parts of this Goverment as a Day of
Publick thanksgiveing to Almighty god for the same and to pray for
the Continuance of his blessings and the Ministers in their respective

Executive Journals, Council of Colonial Virginia

291

parishes are Desired to doe what belongs to their Duty on that occa¬
sion, Given Under my hand and the Seale of the Colony the twenty
first Day of September, in the fourth yeare of the Reign of our Sov¬
ereign Lord and Lady William and Mary by the Grace of God of Eng¬
land, Scotland, France, and Ireland King and Queen Defenders of the
faith Annoque Dom 1692

E Andros

A Proclamation for the Publick

thanksgiving God Save the King and Queen
Ex per Chr Robinson Sec. A true Copie

Ralph Wormeley Secr

By his Excellency

Loc A Proclamacon

Sigill [as to the Post Office]

Colon Whereas her Royal Mae hath been Graciously pleased

by her Lere [Letter] dated at Whitehall May ye 26th 1692
directed to me Sr Edmond Andros Kn‘ their Ma3 Lieut and Govern'
Generali of this their Colony and Dominion of Virginia to signifie that
by Leres patents under the Great Seal of England bearing date ye
17th day of february Last past their Mas have given unto Thomas
Neal Esqr his ExecutrB admrs and assignes full power and authority to
erect Settle and Establish within the chief Ports of their Ma3 Islands
Colonies and Plantations in America an Office or Offices for the re¬
ceiving and dispatching of Letters and Pacquets and to receive Send
and deliver the same under such rates and Sums of money as the planters
shall agree to give or as shall be proportionable to the rates for the car¬
riage of Leres ascertain’d in the Act of Parliament for erecting and es¬
tablishing a Post Office. To hold and injoy ye same for the terme of
one and twenty years, with such powers and clauses as are necessary
in that behalf, as by the said Leres patents relacon being thereunto had
may more fully appear and that Sr Robert Cotton and Thomas Frank-
land Esqr Postmaster Gener11 have at the desire and Nomination of
the said Thomas Neal, In pursuance of th. ir Ma8 Comand in their said
Leres patents by an Instrument under their hands and y6 Seal of the
Post Office bearing date the 17th day of february last deputed and con¬
stituted Andrew Hamilton of East Jersey in America Esqr to Govern
and manage the said Generali Post Office for and throughout all their
Ma8 Plantations and Colonies Upon the main Land or continent of
North America, and for and throughout the severall Isles and Islands
in North America lying near or adjoyning to the said Main Land or
Continent for the said term of one & twenty years, as in and by the
said Instrument relation being thereunto had may more fully appear,
and have thought fitt at the humble request of the said Thomas Neal
and for his Incouragement in this usefull undertaking further to sig¬
nifie their Will and pleasure to me to assist and Countenance him'the
said Andrew Hamilton his Deputies agents or Servants upon all occa-
sions in the mannagement of the said Generali Post Office, and in the
due execution of all and singular the powers and authorities contain’d
in their said Leres patents and in the Instrument above menconed

292

Executive Journals, Council of Colonial Virginia

under the hands and Seal of the said Postmaster Generali according
to the true intent and meaning thereof and to issue Such orders and
directions from time to time as shall be requisite and fitt for the better
performance of this Service pursuant to the powers in the said Leres
Patents And whereas Peter Heyman Gent has applyed himself to me,
and produced a Deputation from the said Andrew Hamilton by order
of the said Thomas Neale under the hand and Seal of the said Andrew
Hamilton bearing date the 18th day of Aprill last, Wherein he hath
impowerd the said Peter Heyman to Act as Deputy Postmaster of and
over all the Colonies and plantations wthin ye Governments of Vir¬
ginia and Maryland as by the said Deputation may more fully appear,
I therefore by advice in Councill have ordered and by this Proclamacon
do publish and make known that the said Peter Heyman is appointed
and authorized as Deputy Postmaster to manage the said Post Office
in this their Mas Government of Virginia of which all Officers and per¬
sons whatsoever are to take notice, and to be aiding and assisting to him
the said Peter Heyman his Deputies and Servants in the due execution
thereof accordingly. Given under my hand and the Seal of the Colony
at James City, this twelfth day of January in the fourth year of their
Ma8 Reign

E Andros

To the Sheriff of _ County

or his Deputy to be published
at the next Court and in the re¬
spective parish Churches &

Chapells of Ease in the said
County.

God save ye King and Queen
A true Copie

Ralph Wormeley Secr

Virginia fs By His Excy

Locus A Proclamation

Sigill appointing a Day of Humiliation and Prayer

Colon God Almighty haveing been pleased to afflict a great

part of this Country with the Measles Whereof Severall
have Dyed, and dayly Spreading Further into other parts, therefore
that we may not be wanting in our Publick Duty’s Upon this Warning
I Sr Edmond Andros Kn* Their Majesties Lieuu & Govern1 Generali
of Virga by Advice in Councill, Doe by this Proclamation in their Ma¬
jesties Names order and Appoint that all Ministers and Readers doe
on Wednesday the Seventeenth of May Next performe Divine Service
as appointed by the Church of England in their Severall Churches and
Chappells, & Humbly Implore by Fasting and Prayers the Mercy of
Almighty god in the pardon and forgiveness of our Sinns, and to Avert
his Further Judgments we Justly Deserve, that he may be Graciously
pleased to Continue his Manyfold blessings soe plenteously bestowed
on us in this Colony, and that A Sermon be preached or Homily read
on that Subject, by the Said Ministers or Readers, Given under my

Executive Journals, Council of Colonial Virginia

293

hand and the Seale of the Colony at James City this 29th day of Aprill
in the Fifth yeare of their Majties Reign Annoque Dom 1693
To the Sheriffs of the Several! Countys E Andros

or their Deputys whoe are forthwith
to Publish this Proclamation in all
Churches and other Publick places in

their Countyes .

God save the King & Queen
A true Copie

Ralph Wormeley Secr

By His Excellency

A Proclamation

Whereas their Royall Majesties King William and
Queen Mary by their Letters Patents, under the great
Seale of England, bearing Date at Westminstr the seven¬
teenth day of February, in the fourth yeare of their Reign,
have given and granted unto Thomas Neale, Esqr. his Execotors Ad-
ministra and Assignes full power and Authority, to Errect, Settle, and
Establish within the Cheiffe Ports of the Severall Islands, Plantations
& Colonies, belonging or to belong Unto their Said Majesties their
heires and Successor3 in America, an office or offices for the receiveing
and Dispatching away of Letters and Pacquetts with all Such powers
and Authority’s which are Necessary in that behalfe

And whereas their said Majesties, by their said Letters Patents,
have for ye better Execution of the Powers and Directions therein Con¬
tained, Given & Granted unto the Said Thomas Neale, his Executo18
Administrs and Assignes full power and Authority to set up make use
and have Ferries, over any river of [or] Lake in their Majesties Said
Islands, Plantations & Colonyes, where Noe Ferries are yet made, Nor
any grant thereof made or Given to any other person or persons by
their Said Majesties or any of their Predecessors for the better Convey¬
ance of Postage and Passengers, and to receive and take the profits
and Advantages Accruing or ariseing by Such Ferries, to the Use and
Benefit of him the Said Thomas Neale his Executors Administrs and
assignes, as by the said Letters Patents, relation being thereunto had,
may more fully and at Large Appeare

And whereas Andrew Hamilton of East Jersey in America Esqre
who is Appointed to Mannage and Governe the said Post office, and
to Execute all ye powers and Authorities relateing thereto, hath ap¬
plied himselfe to me in Councill and Desired that the Said Thomas
Neale his Executo” Administrs and assignes may have the ordering
and Setling of all the Ferries within this Goverment which are not yet
granted away by their said Majties or any of their Predecesso” and to
apply the profits thereof to the use of the said Thomas Neale & c Pur¬
suant to the said Letters Patents ......

I therefore Sr Edmond Andros Kffi Their Majties LM & Govern1
Generali of Virginia, by Advice in Councill, have ordered and in their
Majesties Names doe Publick declare and Make Known, That the said
Thomas Neale, his Executor3 Admrs & Assignes are appointed and Au-

Virg a fs

Loc

Sigill

Colon

294

Executive Journals, Council of Colonial Virginia

thorized to Set up make Use and have Ferries over Every River Creeke
and Lake within this Government where there is Noe grant yett Made
or given to any other person by their Said Majesties or any of their
Predecesso18, under Such Limitations, as in the Said Letters Patents
are directed and inserted of weh all officers both Civill and millitary
and all other persons whatsoever are required to take Notice, Given
under my hand and the Seale of the Colony this 25th day of May in
the fifth yeare of their Majesties Reign Annoque Dom. 1693
God Save the King and Queen

E Andros

To all Sheriffs in Virginia

A Proclamation declareing the Ferries to be in the Postmaster

Edwd Chilton Att Gen11
A true Copie

Ralph Wormeley Secr

Att a Councill held att James Citty SepM 1st 1693

Present

His Excell y

Chr: Wormley
Edward Hill
Edm° Jenings
Hen: Hartwell Esq8

Mr James Blair this day presented to his Excell y in Councill their
Majts Graciouse Charter for the Erecting & building of a Colledge in
Virginia, wch his Excelly caused to be read in Councill.

Itt is Ordred that the said Charter be Entred in the Councill
Booke, & transmitted to the Secretary's office to be recorded

Upon reading His Majts Letter of the first of March 1692-3 wherein
he hath been graciously pleased, to grant lycence to Francis Nicholson
Esqr Leiu* Govr & severall other his good Subjects in this Colony to
Erect and Establish a Colledge or place of Gen11 Studie, and having
been further pleased out of his Royall Bounty to Grant unto the said
Francis Nicholson & others named in the said Charter the summ of
Nineteen hundred Eighty five pounds fourteen shillings and ten pence
out of such money received for ye Revenue of Quitt Rents in the said
Colony, as is remaining in ye hands of William Byrd Esqr their Majts
receiver Gen11 of their Revenue in the said Colony, or in the hands of
any other person whatsoever, His Majts will & pleasure therfore is,
that his Excell y Cause to be paid, to the said Francis Nicholson, &
others aforementioned, y® summ of Eleven hundred thirty five pounds
fouerteen shill & ten pence, out of such money ariseing by the Revenue
of Quitt rents in Virginia, as is remaining in the hands of the receiver
Gen11 of the Revenue within y® said Colony

Itt is Ordred that a Warrant be drawn for ye summ of Eleven
hundred thirty five pounds fouerteen shill & tenn pence payable to
Franciss Nicholson Esqr or Others named in the said Charter.

Upon Reading His Majts Letter of the first of March 1692-3 Sig-

Mr Secr Wormley
William Byrd
John Lear

Executive Journals, Council of Colonial Virginia

295

nifying that Wheras by His Royall Charter baring date the 8th day
of feby 1692 in the fourth year of ther Majts Reign, for the better in-
couragment of Arts and Sciences, and the propogation of the true Or¬
thodox Christian Faith, within the Colony & Dominion of Virginia
hath been Graciously pleased to grant Lycence to Fran Nicholson Esqr
their Leiu1 Govr and Severall others their good subjects in the said
Colony and Dominion, to Erect, build and Establish a Coledge, or
place of Gen1 Study for the Education of youth, and ye supplying their
said Dominion wth a piouse & learned Clergy, And their Majts having
been further pleased out of their Royall bounty to grant unto the said
Fran: Nicholson and others their good Subjects, named in their sd
Charter, ye Summ of Nineteen hundred Eighty five pounds fouerteen
shill & ten pence, out of such money received of their Revenue of quitt
Rents in the said Colony & remaining in the hands of William Byrd
Esqr their receiver Gen11 of their Revenue in the said Colony, or in the
hands of any person whatsoever, Their Mat1, 6 Will and pleasure there¬
fore is, that there be paid unto the said Fran : Nicholson & others afore¬
mentioned, ye summ of Eight hundred & fifty pounds, out of such
money as is remaining in the hands of the Executrs and Administ18 of
Nath11 Bacon Esqre late Govr of Virginia deceased wch Appeares due
from him upon Accompt of their Revenue of Quitt Rents in the said
Colony.

Ordred that a Warrant be drawn payable to Fran: Nicholson and
others named, the summ of Eight hundred and Fifty pounds by the
Execut” & ca of Nathaniell Bacon Esqr deceased.

Upon Reading His Majts Letter of the 25th of Feb y 1692-3 Sig¬
nifying that Wheras itt hath been represented to His Majt,e that the
Salary's of Eighty pounds a year to the severall Ministers in the Colony
and Dominion of Virginia, being Appointed by a Law there, to be paid
in Tobacco att the rate of 12 d per hundred, the same is now fallen
above one halfe, by reason of the low price of Tobacco, by wch meanes
the Ministers are not able to Subsist, in the Service of their respective
parishes, His Majtie doth therefore signifie to His Excelly that he doe
propose in his Name to the Assembley of ye Colony that a Competent
Salary or Allowance, be Appointed, for the maintenance of Each Min¬
ister, to be paid unto him in money or Tobacco, att the Currunt Value,
and that His Excellcy make pertickular inquirie, whether the Severall
Acts, for the support of the ministrey within this Colony be putt in
Execution, and give Order they be duly Observed

Ordred that speedy Care be taken, and that the Attorney Gen11
draw a proclamation to putt ye Laws for the support of the ministrey
in Effectuall Execution.

Upon Reading His Majt8 Letter bearing date the first day of Marc
1692-3 Signifying that Wheras itt hath been represented to his Majtie
by the Govr Councill and Assembley of the Province of New York that
the Revenue of that Province is very much Exhausted, by the great &
Continued Charge of mainteyning & Securing the Fort of .Albany ye
Frontier of all the Plantations in the northern parts of America, against
the French, His Majtie doth therfore Charge and require His Excell y
to Cause the summ of five hundred pounds out of the Revenue of Quitt

296

Executive Journals, Council of Colonial Virginia

Rents in Virginia, to be forthwith transmitted to their trusty & well
beloved Chidley Brooke Esqr Receiver & Colectr of the Revenues of
New Yorke, or to the Receiver of ye Revenue there for the tyme being,
to be imployed for their Majt9 Service, against the French in these
parts in such maner as shall be directed, by the Govr or Comandr in
Cheife of the said Province For the tyme being, Itt is the opinion and
advice of the Councill that the six hundred pounds sent to the Govr of
New York in their money in Aprill last Answereth His Majt9 Comands
of transmitting five hundred pounds and that Mr Auditor Byrd re-
imburst himselfe out of the Quitt Rents and give Creditt on the two
shill a hhd & port duties.

Upon Reading the Govr of New Yorks Letter of the 27th of July
1693 Wherin he saith wth the Advice of the Councill he writes ,to dis-
sire His Excell y to Appoint a Comissionr from his GovernV to be att
the Citty of New Yorke on the First Wednesday of Octor next, wth
full power to Concert and Agree wth other Comissionrs from New Eng¬
land Maryland & Pensilvania upon a Certain Quota of Men and money,
for the defence of their Majts Frontier, Garrisons att Albany during
the present Warr.

Itt is the Advice of the Councill that a Comissionr be sent to New
Yorke to be there by the first Wednesday of Octor next & Ordred Ac¬
cordingly.

Upon Reading of His Majts Letter of the 17th of Tany 1692-3
Signifying that Wheras His Majtie is Informed that William Dolby
late Boatswain of the Ship Assurance, and Edward Legg stand Con¬
demned to dye, for & conserning ye death of William Marshall, an
Inhabitant of the Colony of Virginia, His Majtie hath thought fitt upon
some Circumstances, humbley represented unto him, in their behalfe,
to Signifie His Will & pleasure to His Excell y, that His Excell y forbear
putting in Execution the Sentence of Death passed upon them, the
said Will Dolby and Edward Legg, for the Cryme above mentioned
and that His Excell y Cause them to be sent Over into the Kingdom of
England by the first Oppertunity,

Itt is the Advice of the Councill & Ordred in Councill that the
Attorney Gen11 draw a Warrant to ye Sheriff of James Citty County,
to impower him to putt on board, the said William Dolby and Edward
Legg of their Majts Ship Foresight Cap‘ Isaac Townsend Comandr in
order to their transportation to the Kingdom of England, and Ordred
Accordingly.

Upon Reading Her Majts Letter of the 16th of Augfc 1692 Signify¬
ing, that Wheras Her Majtie hath received, two Acts lately passed in
the Colony of Virginia, the one for Appointing of Ports & ca for the
Loading and Unloading of Comodity’s there, & for laying a Duty upon
b urrs & c a, and the other for Renueing a former Act, for Advancement
of the Manifactures of the groth of this Countrey, Her Majtie hath
taken the same into her Princely Consideration, in Her Privey Coun¬
cill as also a Report made in relation to them, by the Comissionrs of
the Customs, wth a former Report from that Board, upon so much of
the first Act, as Concernes the Appointing of Ports, and having Ap¬
proved the said reports hath directed Copies to be herewith inclosed,

Executive Journals, Council of Colonial Virginia

297

togeather w4h the Copy’s of those Acts, as they were transmitted unto
Their Majt8, to the End those two Acts, may be again taken into Con¬
sideration, by ye Councill & Assembley of the said Colony, in Order
to ye framing of them according to what is proposed, in ye Report of
th . said Comissionr8 wch We herby Will & Require you to doe. Her
Majts further pleasure is that in the mean tyme ye Execution of those
Acts be suspended untill further Order.

Ordred that the Attorney Gen11 draw up a Proclamation to Sus¬
pend the said Acts Conformable to Her Majts Pleasure, till further
Order.

Ordred that a Warr4 be drawn payable to Mr Auditr Byrd for
16 11 09 s-being for Book’s & c sent for by Order of Councill.

Ordred that a Warr4 be drawn payable to Mr Jn° Poney for twenty
Eight pounds fouerteen shillings, being for Fees & other Charges about
the buiseness of the Northern Neck.

Ordred in Councill, that there be a Gen11 Assembley Called, to
meet att James Citty upon the 10th day of Octor next and that Writts
Issue Accordingly.

Upon Reading the Petition of Mr Will Churchill Setting forth
that the Lords of the Admiralty, did receive an accompt from their
Honrs the last year, that Cap4 George Purvis late Comandr of their
Majts hyred Ship Woolfe, did Contrary to an Order of Councill, depart
this Countrey before he had paid & discharged ye Men who were very
Servicable to him in getting off His Ship when she was aground. Upon
wch Information, the said Lords did putt a Stop to the pay of the said
Ship, untill they had an Account from their Honrs that the said men
were fully paid, & Satisfied, Wherupon Mr Edwd Leamon, for him-
selfe & the rest of the Owners, hath dissired ye Petition, to pay all
such Just Wages, as are due and Owing, to the sever11 persons, for
their Service on Board the said Ship Woolfe, and the petitionr is ready
to pay all persons that Claim Wages done on board the said Ship if
they will repaire to his house in Midlesex County

Refer’d to the Severall County Courts where any are Concerned,
to give all due dispatches in that matter.

His Excell y Caused to be read in Councill three Letters & Certi¬
ficates, from the Honble the Comissionrs of the Customs, Conserning
the Ship humble servant of London Thomas Mackaly Mr the freindly
Society Habacock Willes Mr the Jane of Boston Mathew Cample Mr
who are Suspected of Illegall trading. The Collectrs promised His Ec-
celly to Examin ye matter & give His Excell y a further Account of itt.

Att a Councill held att James Citty Sep4 2d 1693

Present

His Excell4

Chr : Wormley
Edward Hill
Edm° Jenings
Hen: Hartwell Esq8

Cap4 Isaac Townsend Comandr of their Maj48 Ship Foresight and

Mr Secr Wormley
William Byrd
John Lear

298

Executive Journals, Council of Colonial Virginia

Comadore of the Fleet bound for England, giving an Account to His
Excelly that the Right Honble the Lords Comissionr8 of the Admiralty
were pleased to allow the Marchant Ships bound to Virginia Under
his Convoy butt two months after his Arrivall in the Countrey to Un¬
lade and relade, butt by a second Order (if absolute necessity) Their
LordshP8 thought fitt to add twenty day’s more for his stay for the
Fleet. Itt is the Opinion & Advice of the Councill, & Accordingly
Ordred in Councill, that there be a Gen11 imbargo on all Ships & Ves-
sells untill the 10th of Novemr and that all Ships, that are not ready
& Cleared before that tyme & att Point Comfort, in the mouth of James
River to sayle wth the Convoy, be further Embarg’d, and not permitted
to sayle to any part of Europe, till further Order, of woh the Colectrs
to give present notice to the Severall Coman dr 8 or Masters of Ships or
Vessells, in their respective Districts, that they may Conforme them¬
selves therunto Accordingly.

Att a Councill held att Mr Secr Wormley’s the 21st of Sep4, 1693

Present
His Excell y

Mr Secr Wormley Hen Whiting

Richard Lee Edm° Jenings

Edward Hill Hen: Hartwell Esq3

Upon Reading a Letter from Richard Lee Esqr bearing date the
18th of Sep* 1693 Acquainting His Excelly that he had Just received
advice from Maryland, that Coll Copley the Govr of that Province,
departed this life that day seavennight, that Coll Blackston imediatly
came down to S4 Maries, upon itt, & sent for two of the Councill, Mr
Tench & Coll Greenbury, butt before their Coming he declared, that
ye Assembley was dissolved by the Death of the Govr and all Comis¬
sions Civill & military fallen, that Sr Thom3 Lawrence was suffered to
Escape by the Sheriff, leaving the doore open, & biding him go att
his perill, that he made hast to S4 Maries haveing Cap4 Coode & others
in his Company, that he was there Attacked by order of Coll Blackston
but delivered next day, that both Blackston & Sr Thomas Claim the
Goverm4, Sr Thomas by being President of the Councill, Coll Black¬
ston by the last Will & Testament of Govr Copley, not knowing how
far the destractions amongst them, might Concerne soe near Neigh¬
bours as this Countrey is to them he thought itt his Duty to Accquaint
His Excelly wth what he had heard, Upon wch His Excelly caused to be
read in Councill, Their Maj43 Comission to His Excelly bearing date
at Kensinton the third day of March 1691—2 Constituting & Appoint¬
ing, His Excelly Sr Edm° Andros, upon the Death of Cap4 Francis
Nicholson, or in the Absence of Coll Lyonell Copley, to be Comandr
in Cheife, in and Over the sd Province and Teritory of Maryland,
during their Maj 4 3 pleasure, w4h all the Rights, profitts & advantages,
to the same belonging, and apperteining.

Itt is the Opinion and Advice of the Councill that His Excell y, by
Vertue of their Maj43 said Comission, ought to go to Maryland to Claim
that Goverm4 itt being for their Maj48 Service.

Executive Journals, Council of Colonial Virginia

299

Upon Reading a Letter from Edward Randolph Esqr Setting
forth what he had discovered, in the Case of Davis who Entred wth
Coll Griffen, the 15th of May last, and had liberty to trade, upon pro¬
ducing to him, a forged Certificate from Ben Moris, the 24th of June,
he Caused him to be Arrested at their Majts Suite for a 100u for
breach of the Act for preventing of Fraudes & Accordingly putt his In¬
formation into the Court in Northumberland, where it Continued till
he could be att Leisure to Assist at the prosecution & the 27th Follow¬
ing, he seized his Ship for their Majt8 upon a Confidence from Coll
Wormley, & Coll Griffin his Deputy, that Davis had not Cleared, and
that Davis could not stir till he had his dispatches from the office, but
he went away two day’s following, & then nothing remained, butt to
Sue Mr Shapleigh his Security upon his bond of a 100011 butt he finds
that Davis is made to be Cleared, the 30th of May last, the Coll Griffin
did Ashure him, that Davis was not Cleared, He humbley proposes
that Coll Griffen may declare upon his oath, when he delivered Davis
his Certificate, and to whome, & whether Mr Shapleigh did not Either
pay the Fees of the Office, & other port Charges, after the Vessell was
seized, if not gone

Ordred that a Copy of Mr Randolphs Letter be sent to Coll Worm-
ley, & that Coll Wormley returne an Answer to itt.

Ordred that Mr Attorney Gen11 prepare A Proclamation to Sig¬
nify that during His Excell y 8 absence in Maryland, the Governd is in
y® Councill, and that Mr Secr Wormley Presides.

Upon Reading the Petition of John Edmeston Mr of the Pinke
Elizabeth, setting forth that he did Lawfully Import from Berwick
upon Tweed divers English goods into the Port of New Yorke, and
brought Sufficient Cockquetts, for the sd goods, as Appear’s by a Cer¬
tificate under the Seale of the Office for the port of New York bearing
date ye 27th day of July 1693 & Under the hand of Thomas Monsey
the Deputy Colectr the Petition1, not meeting wth a markett for all the
said English goods, att the aforsaid Port of New Yorke, the Petition1,
did relade on board those few goods wch he had not sould, & brought
Certificate & Cockquett for the same from the aforesaid Port, into
this Colony, and Applyed himselfe to Coll Griffin, Colectr for that
district, under Coll Chr: Wormley, & made true Entrey & report
therof, & obteined a permitt to trade, and being now Laden is refused
a Clearing by the Ordr of Edwd Randolph Esqr Survey1 Gen11 & ca
Under pretence, for want of the Gen11 Cockquett, wherfore the Peti-
tionr prays His Excell y 8 Order that he may obteyne his Clearing & be
permitted to Sayle with the Fleet.

Ordred that Mr Randolph have a Copy of the Petition, & returne
an Answer, whether he hath seized the Pinke Elizabeth or not.

Att a Councill held att James Citty ye 12th of Octor 1693

Present
His Excell y

Mr Secr Wormley Edm° Jenings

Edward Hill Hen: Hartwell Esq8

300

Executive Journals, Council of Colonial Virginia

Itt is the Opinion & Advice of the Councill, that the Kings Letter,
wth the Report of ye Comissionrs of the Customs upon Law’s passed
in Virginia be laid before the house of Burgesses, and Ordred Accord¬
ingly.

Octor ye 14th 1693
Present
His Excell y

Mr Secr Wormley Edm° Jenings

Edward Hill Hen: Hartwell Esq8

Thomas Cock by his petition this day Setting forth to His Excell y
& Councill, that the Crane Ketch William Penell Mr being Condemned
here, the sd Penell made humble Supplication to the Lords Comissionr8
of their Majts Treasury, and did obteyne their Order for the remitt-
ment of their Majts Part of the said Ketch therfore humbley prays
the said Order may be Observed, & the Bond given here upon the said
Condemnation, discharged, and the said Cock not producing the said
order of the Lords Comissioners of their Majts treasury, only a Copy
thereof Attested, butt His Excell y having received a Letter, from ye
Honhle their Majts Comissionrs of their Customs, relating therto,

Itt is Ordred in Councill that the paym‘ of Their Majts part be
suspended.

Octor 18th 1693
Present
His Excell y

Mr Secr Wormley Edm° Jenings

Edwd Hill Hen: Hartwell Esq8

Mr William Drumond having Obteyned His Excell y 8 Comission ,
& taken the Oaths appointed to be taken by Act of Parlam1, instead
of the Oaths of Allegiance and Supreamacy, & Subscribed the Test,
was sworne the Kings Messenger.

Ordred that the sd Drumond for that Service shall receive ten
pounds per Annum.

Edward Randolph Esqr & ca in persuance to an Ordr of Councill
held in Rappahanock in Sep1 last, directing him to give an Answer to the
Petition of Jn° Edmeston, Mr of the Pinke Elizabeth of Berwick wherin
he the said Edmeston setteth forth, that he did Lawfully Import from
Barwick upon Tweed, divers English goods to the Port of New Yorke,
& brought Sufficient Cockquetts for the said goods, as by Certificate
under the Seale of the Office for ye Port of New York bearing date the
27th of July 1693 Appear’s, as also under the hand of Tho: Monsey
the Deputy Colectr not disposing of the said goods, did relade on board
the said Pinke what remained, & brought Certificate & Cockquett for
the same, from the said Port of New Yorke, into this Colony, & made
true Entrey therof wth Coll Griffin Deputy Colectr in the District of
Potomack, & being Laden is refused a Clearing, by the Orders of the

Executive Journals, Council of Colonial Virginia

301

said Edward Randolph, for want of the Gen11 Cockquett left in their
Majts Custom house att New Yorke, the said Randolph Answereth,
that being Informed the Pinke Elizabeth of Berwick, John Edmeston
Mr had made her Entrey wth Coll Griffen, he went to the house of the
said Griffen, & upon sight of Edmeston’s pretended Certificate, saw
itt was broad Forgery, & by His Certificate of the 27th of July from
New Yorke, signed by Monsey, he found it Contrary to an Act En-
tituled, an Act for the incouragm1 of trade, made in the 15th of King
Charles the Second, upon wch the said Randolph Acquaints Edmeston,
that he was goeing to James Towne, to Enter two Informations, one
ag‘ the said Edmeston, and another ag1 ye Pinke Elizabeth, upon the
breach of severall Acts of Trade,

Refer’d to a due Corse of Law.

Octor ye 19th 1693
Present
His Excell y

Mr Secr Wormley Edward Hill

Richard Lee Edm° Jenings

Hen. Hartwell Esq8

The memoriall & propositions, relating to the Coledge of William
& Mary in Virginia, being this day presented to His Excell y in Coun-
cill, by the Rector & Governrs of the said Coledge, Is Refer’d to the Con¬
sideration of the House of Burgesses, that all due regard may be had
to His MajtB Charter wch is Entred in the Councill Booke & recorded
in the Secretary’s Office.

Mr James Blair Exhibiting a petition & some Accompts, about
his Soliciting the buiseness of a free schole, or Coledge in England, the
sd petition & Accompts, Refer’d to the house of Burgesses.

His Excell y this day Acquaints the Councill, that there was a
Sloope in York River bound for England and itt Imported Their Majts
service she should goe, Asked them if they had any thing for ye said
service.

Octor 20th 1693
' Present

His Excell y

Mr Secr Wormley Edward Hill

Richard Lee Edm° Jenings

Hen: Hartwell Esq8

Upon the reading of Mr Secr Wormleys Petition for allowance for
the Military Comissions.

Refer’d to the House of Burgesses.

302

Executive Journals, Council of Colonial Virginia

Octor 23 d 1693

Present

His Excell y

Mr Secr Wormley
Richard Lee

Edward Hill
Hen Whiting

Hen: Hartwell Esq3

Cap1 Miles Sherman this day Exhibits a Petition, praying that
he might have a reasonable allowance, for his own & two officers At¬
tendance, on last Aprill & this Octor Gen11 Court.

Refer’ d to the house of Burgesses.

Coll Fitzhugh & ca this day presented to His Excell y in Councill,
two Orders of Councill from Whitehall one bearing date the 15th of
Decemr 1692 & ye other the 26th of Jany 1692-3.

Itt is Ordred they be Entred in the Councill Booke, & transmitted
to the Secrye Office to be recorded there.

Octor 25th 1693
Present
His Excell y

Hen Whiting
Edm° Jenings
Hen: Hartwell Esq3

Mr Secr Wormley
Richard Lee
Edward Hill

Coll William Diggs & Coll William Fitzhugh Appearing before
his Excell y in Councill, persuant to an Ordr of Councill of the 26th of
may to answer to what may be Objected ag1 them on their Majts be-
halfe for words by them Spoken in Maryland (Viz) that King James had
another Son borne by his Queen, in France & Invited over thither sev-
erall of the Lords wth a Safe Conduct to see the Queen brought to bed,
upon wch some did goe over, & saw a Son borne, who was Created Duke
of Gloucester, & the said Fitzhugh said, he wondred what they would
have now to say against the Legitimacy of that Prince, all wch Coll
Diggs also (Coming over to Maryland affirmed) & further Added, that
King James sent over Proclamacons to England in print, declaring a
Gen11 Free pardon unto all Excepting only the Bishop of London, &
my Lord President, & that Coll Diggs said Cap1 Purvis should say, he
Expected an Alteration before he gott to England, & that this & the
like discourse was publickly talked on in England and Virginia, & that
Sr Edm° Andros himselfe ye Govr of Virginia, did Freely & openly talk
of the same, amongst his Council, who also did the same without the
least Notice taken & ca all wch being denyed by the sd Diggs & Fitz¬
hugh & no Evidence therin, but the Deposition of Garett Van Swer-
ingham of S1 Maries in Maryland, & the Attorney Gen11 Acquainting
his Excelly & Councill, that he had inquired of the Attorney Gen11
in Maryland, butt could find no other Evidence, & that the words
were spoken in another Goverm1, & being butt one Evidence to prove
ym would not be sufficient in Law to Convict them.

Upon wch they were discharged from further Attendance.

Executive Journals, Council of Colonial Virginia

3 03

Novemr ye 1st 1693
Present
His Excell y

Mr Secr Wormley Chr. Wormley

Richard Lee Hen Whiting

Edward Hill Edm° Jenings

Hen: Hartwell Esq3

Hen Stonham & Ann his Wife, & John Adams being petition1-3 for
the Escheate of Six hundred Acres of Land in Norfolk County, and
both Claiming a Right being heard this day by their Attorneys.

Ordred that Hen Stonham have two hundred Acres of the said
Land, and John Addams, four hundred Acres, & to bear a propor¬
tionable part of the Charges.

Novemr ye 2d 1693
Present
His Excell y

Mr Secr Wormley Chr: Wormley

William Byrd Hen: Whiteing

Richard Lee Edm° Jenings

Edward Hill Hen. Hartwell Esq8

His Excell y caused to be read in Councill this day a Letter from
the Gov1- of New Yorke, for the Assisting of that Province wth a Quota
of Men or otherwayes against the Attempts of the French and Indians.

Itt is the Opinion & Advice of the Councill yt His Excell y send
for the House of Burgesses, & lay the State of New Yorke & Albany
before them.

Nor ye 10th 1693
Present
His Excell y

Mr See1- Wormley Chr: Wormley

Richard Lee Hen: Whiteing

Edward Hill Edm° Jenings

Hen: Hartwell Esq3

Upon Reading Coll Hamiltons Letter to His Excell y Accquainting
his Excell y that the Govr & Councill of New Yorke, had given 50n a
year for some year’s towards the incouragement of the post office &
praying His Excellys favor in that Matter, as also the petition of Peter
Heyman Gent Agent to Thomas Neale Esqr Setting forth, that the
said Thomas Neale by Vertue of Letters Pattents from their Maj‘3
for setting up a post office, in Each Province and Colony in these their
their Majta Plantations in America, wherby there may be Speedy pas¬
sage for Letters & quick dispatch for all other publick affaires, hath by
his respective Agents endeavored the Same; in most parts in Some

304

Executive Journals, Council of Colonial Virginia

measure Setled y* affaire, to his vast Charge, tho in this Dominion
(as yett) here is not Such an Establishment as the nature of the Affaire
requires, therfore humbley Supplicates His Excell y & ca to Assist and
Contribute, to the Carying on so usefull & Advantagiouse a worke,

Refer’d to the house of Burgesses.

His Excell y was pleased to Aske the Councill if he could say any
thing more, to recomend the State of New Yorke, to the house of Bur¬
gesses they Answered itt was Sufficiently recomended.

Ordred that all persons, that are Creditors of Edwd Davis, Lyonell
Delawafer, and John Hinson, do bring in their Accounts & Claimes
forthwith to ye Councill, and that the Clerk of the Councill, serch what
Claimes are lodged, in the Councill or in the Secretary’s office

Upon the Petitions of Mr George Marable and M3 Sarah Welden,
praying they may be sattisfied their debts, Owing by Edward Davis,
John Hinson & Lyonell Delawafer, out of the money left in the hands
of Ralph Wormley Esqr for that perpose,

Ordred that the sd debts & Claimes, be paid out of the money, in
the hands of Ralph Wormley Esqr when recovered by due course of
Law.

His Excell y was pleased to aske the Councill, what could be done
for the better Support of ye Clergy, they Answered, that the best &
Easyest way, would be upon the Revisall of the Laws.

Wheras by an Order of Councill of the first of Sep* last, a Gen11
Embargo was laid, on all ships and Vessells, till the tenth of Novemr

Itt is Ordred in Councill that the said Embargo be taken off, butt
no Ship bound to Europe to Sayle till the Convoy, & to give bond &
Security, that they Observe the same.

Novemr ye 18th 1693
Present
His Excell y

Mr Secr Wormley Edward Hill

Richard Lee Edm° Jenings

Hen: Hartwell Esq8

Upon Reading the Petitions of Mr James Blair Rector, by Order
of the Govrs of the Coledge of William and Mary, Setting forth that
their Majta by their Charter, bearing date att Westminster, the 8th
day of Feby in the fourth year of their Reign, hath given & granted to
the petitioners, in trust for the Coledge of William & Mary in Virginia,
ten thousand acres of Land, not yett legally posessed, by any of their
Majts Subjects, on the South Side of black Water Swamp, as also
other ten thousand Acres of Land in Pomunkey Neck, the Petition"
humbly pray His Excell y by some publick Information, to Signifie the
same to the Inhabitants of this Countrey.

Ordred that publicj notice be given in the County Courts, of King
& Queen, Surrey, & Charles Citty Counties, where the Land lies’.

His Excell y was pleased to aske the Gentlemen of the Councill,
if they had any thing further to say to the house of Burgesses, they
Answered, No.

Executive Journals, Council of Colonial Virginia

305

Att a Councill held att Mr Auditor Byrds the 4th of Jany 1693-4

Present
His Excell y

William Byrd Edward Hill

Hen. Hartwell Esq3

His Excell y having been pleased to shew severall Letters from the
Govr of New Yorke bearing date the 10th 11th & 25th of Novemr last,
Wherein he intimates the necessity that Province is in, & his desire of
Assistance from hence, on Consideration of woh and of Her Majts
Letter for assisting the said Province, According as the Circumstances
of this Countrey will permitt, Itt is the Opinion of the Councill that
Mr Secretary, wth the Advice of the rest of the Councill do give an
Account of the whole state of y* Affaire, and what relation this Coun¬
trey hath, to ye defence of that Province, how lyable we are to ye
Incursions of the Indians, how litle Security they are, or have been to
us, what vast Charges this Countrey is, and hath been att, for Our Own
defence, as also to give an Account of the State of the Revenue of the
Countrey, and how unable we are to contribute to them, how willing
& ready we are, & ever have been, to do our Utmost for their Majts
Service, and that nothing hath by his Excell y & Councill been ne¬
glected therin, having laid before the house of Burgesses Her Majte
Letter relating therunto.

Memd that Mr Palmer be paid sixty pounds or any part of itt, be¬
ing for making sixteen Carages att Tyndalls Point.

Memd that a Comission of Oyer & Termr be prepared by Mr Sec¬
retary, For the Tryall of King for Murthering his Wife.

R. Wormeley Secr

By His Excellency

Virginia fs a Proclamation

Loc Sr Edmond Andros Kn* their Majesties Lieu* and

Sigill Governor Generali of Virginia Whereas his Majestie hath
been pleased by his Royall Letter bearing date at White¬
hall the 25th day of February in the fifth yeare of their Majesties Reign
Amongst other things therin Contained to Coinand me to make par¬
ticular Inquiry whether the Severall Acts for the Support of the Min¬
istry within this Colony be put in Execution and to give Orders that
they be duely Observed, and whereas it is provided by one Act of As¬
sembly made at James City the 16th day of Aprill 1691 Entituled an
Act for Ports & c that all Sum and Sums of Money and Every part and
parcell thereof the Same Ariseing by the Imposition Upon Furrs and
Skinns in the Said Act, should be Divided into three Equall parts one
third thereof towards the Maintenance and Encouragement of a Learned
and pious Ministry to be Equally distributed Amongst the Ministers
of Gods word being the Incumbents of the Severall parishes in this
Country in Equall proportions & c. and whereas it is likewise provided
by one other Act of Assembly made at the same time Entituled an Act
for the more Effectuall Supressing the Severall Sinns and offences of

306

Executive Journals, Council of Colonial Virginia

Swearing Courseing, prophaneing Gods holy Name Sabbath abuseing
Drunkenness, Fornication, and ADultery, that all forfeitures Accrue-
ing thereby should be Divided into three Equall parts, one third to¬
wards the Maintenance of the Ministry of the parish, Where Such
offences should be Comitted, Pursuant therefore, to his Majesties
Command I doe hereby in their Majesties Names will and require all
Church Wardens Vestrymen and all others Concerned dilligently to
observe, discharge and performe, what by the first recited Act they
are therein Severally Commanded and of all their proceedings relate-
ing thereto from the first time of the passing the Said Act to return a
full and perfect Account to the Secretarys office on the Sixth day of
the Next Generali Court and doe further in their Majesties Names,
will and require all and Every Clerk and Clerks of the respective Coun¬
ty Courts in this Colony to transmitt to the Secretarys office on the
said Sixth day of the Next Generali Court full and perfect transcripts
of the records of all Judgements given and granted upon the Said Last
recited Act, to the End Such further proceedings may be had on the
Said two recited Laws as are Agreeable to Law and doe further in their
Majesties Names and in Pursuance of his Said Comand hereby will
and require all and Every other person and persons whatsoever dilli¬
gently to observe performe and keep all and whatsoever they are re¬
spectively required and Enjoyned to doe and Execute touching and
Concerning any other Law or Laws which tend to the Advancement
and promotion of the Revenue belonging and Appertaining to the
Clergy within this their Majesties Colony, and all Judges Justices of
the peace, Sheriffs, Constables, and all other their Majesties Liege
people in this their Colony and Dominion of Virginia to be Aiding and
Assisting in the due Execution thereof as they will Answer the Contrary
at the Utmost Perrills, Given under my hand and the Seale of the Col¬
ony, this first day of September in the fifth yeare of their Majesties
Reign Annoque Dom: 1693 E Andros

God Save the King & Queen
To the Sheriffs of the respective Counties
within this their Majesties Colony and
Dominion of Virginia — A Proclama¬
tion relateing to the dues of the Clergy
E Chilton Att. Gen11

A true Copy

R Wormeley Secr

Virginia fs By his Excellency A Proclamation

Whereas by the first Act of Assembly made at James
Loc City on the Second day of March 1692-3 and in the fifth

Sigill yeare of their Majesties Reign the Execution of one Act

of Assembly made and Established at James City on the
16th day of Aprill in the third yeare of their Majesties Reign, Entituled
an Act for Ports & c. and Every Article Clause branch and provision
therein Contained was suspended till their Majesties pleasure Should
be known therein or till the Next Assembly & whereas her Majesty
has been pleased by her Royall Letter bearing Date at Kinsington the

Executive Journals, Council of Colonial Virginia

307

16th day of August in the fourth yeare of their Majesties Reign, to
Signifie that their Majesties had taken into their Princely Considera¬
tion in their Privy Councill two Acts Lately passed in their Majesties
Colony the one for Appointing Ports & c. for the Loading and Unload¬
ing of Comodities here and for Laying a Duty Upon Furrs & c. and
the other for reviveing a former Act for Advancement of the Manufac¬
tures of the Growth of this Country as also a report made in relation
to them by the Comissioners of their Majtie8 Customes with a former
report from that Board Upon Soe much of the first Act as Concerns
the Appointing of Ports and that their Majesties had Approved the
said Reports and Directed Coppies of them together with Coppies of
those Acts to be transmitted hither, to the End those two Acts may
be again taken into Consideration by the Councill and Assembly of
this their Majesties Colony, in Order to the Frameing of them, Accord¬
ing to what is proposed in the report of their Majesties Said Commis¬
sioners, which her Majesty has been pleased to will and require to be
done and that in the Meane time the Execution of those Acts be Sus¬
pended Untill further Order Pursuant therefore to her Said Majesties
Command : I Sr Edmond Andros Kn* Their Majesties Lieu* and Gov-
ernor Generali of Virginia, doe with the Advice of the Councill in their
Majesties Names Suspend the Execution of the said two Acts The one
Entituled an Act for Ports & c. the other made at a Generali Assembly
held at James City the 16th day of Aprill Anno 1691 Entituled an Act
reviveing the Act for the Advancement of the Manufactures of the
Said Growth of this Country and of Every Article Clause branch and
provision in them and Every of them Contained and they are hereby
Accordingly in their Majesties Names Suspended. Given under my
hand and the Seale of the Colony this first day of September in the
fifth yeare of their Majesties Reign Annoque Dom 1693

God save the King & Queen

To all Sheriffs in Virginia E Andros

A proclamation Suspending the Execution
of the Acts for Ports & c. and the Act

reviveing the Act for the Advancement A true Copy

of the Manufactures of this Colony R Wormeley Secr
Edward Chilton Attr Generali

Virginia fs By His Excellency A Proclamation

Loc Whereas their Royall Majesties have by their Com-

Sigill mission to me Directed Under their great Seale of England
bearing Date at Westminster the first day of March in
the fourth yeare of their Reign, Amongst other powers and Authority's
therein granted, been pleased to Signifie their will and pleasures that
in Case of my absence from this their Majesties Colony and Dominion
of Virginia, and there be Noe other person Upon this place Commis-
sionated to be Comander in Cheiff of this their Colony, that then the
Councill of Virginia should take upon them the Administration of the
Goverment and the Execution of the Said Comission and the Sever all
powers and Authorities therein Contained, and that Such Councill or

308

Executive Journals, Council of Colonial Virginia

who should be at the time of my Absence from this Goverment, re-
sideing within this their Majesties Colony and Dominion before any
other at that time resideing here doe preside in the said Councill with
such powers and preheminences as any former president hath Used and
Enjoyed, within the Said Colony or any other their plantations, in
America Untill my Arrivall in the Said Goverment, or their Majesties
pleasure should be further known therein, and whereas their Majesties
have been pleased to Command my present Service in their Province
of Mary Land and there being Noe other person Upon this place Com-
missionated to be Comander in Cheiffe of this their Colony and Do¬
minion Pursuant therefore to their Majesties Said Comission I doe in
their Majesties Names by this Proclamation Notifie and make known
the Administration of this Goverment and the Execution of the Said
Commission and the Severall powers and Authorities therein Con¬
tained to be (dureing my Absence) in the Councill of this their Majes¬
ties Colony and Dominion and the Honourable Ralph Wormeley Esq
to preside therein untill my return or till further Order of all which I
doe hereby require and Command all their Majesties officers both
Civill and Military within this their Dominion and all other persons
whatsoever it may Concerne to take Notice thereof and Comport
themselves Accordingly as they and Every of them will Answer the
Contrary at their Utmost Perrils Given under my hand and the Seale
of the Colony this 25th day of September Anno Dom 1693 and in the
fifth yeare of their Majesties Reign.

E Andros

God Save the King & Queen
To the Sheriffs of the Respective Countys in Virginia
A proclamation declareing the power of

the president and Councill in the

Govern18 absence A true Copy

R Wormeley Secr

E Chilton Att Gen11

Att a Councill held att James Citty the 14th of Apr11 1694

Present
His Excell y

Mr Secr Wormley Hen : Whiting

Chr. Wormley Edm° Jenings

Edward Hill Esq8 Hen: Hartwell

Edward Chilton Esqr late Attorney Gen11 being gon for England
and that place thereby become Vacant Cap1 William Randolph was
sworn their Majt,es Attorney Gen11

Wheras Application hath been made to his Excell y by severall
Masters of Ships praying they may be permitted to Sayle, It is ordred
in Councill that all Ships and Vessells meeting att Point Comfort in
the Mouth of James River for making up a fleet be suffered to Sayle
on the Eight of May next and that the Collect” of the severall Rivers
& districts doe send the Clearings of Each perticular Ship and Vessell

Executive Journals, Council of Colonial Virginia

309

to John Lear Esqr Collectr of the lower District of James River and
there by him to be delivered to the said Masters, till when no Ship or
Vessell be permitted to Sayle to any part whatsoever, And after the
Sayling of the Fleet No Ship or Vessell bound to Europe to sayle till
further Order.

This Board having Under their Consideracon the Peticon from
the Justices of Warwick County Presented to His Excell y by the Sher¬
iff of the said County and their papers relating to a Comission of Oyer
& Termr to try a Negro named Frank now in the said County Prison
are of Opinion that no Sufficient Grounds appears to them wherby to
Issue a Comission as aforesaid ye Crime not Appearing Capitall Ac¬
cording to the Law in that Case made & provided, The justices of the
County Aforesaid are therefore required seriously to weight and Con¬
sider the premises and take Especiall Care, that the said Criminall be
sevearly Corected and punished as his Crime deserves.

This Board having Under their Consideracon the Peticon from
the Sheriff of New Kent County to his Excell y praying a Comission of
Oyer & Termr to try some Negroes Named, Tom, Robin, & Cussan
now in ye said County Prison, Are of Opinion that no Sufficient
Grounds Appear’s to them wherby to Issue a Comission as Aforesaid
the Crime not Appearing Capitall According to Law in that Case made
and provided. The Justices of the County aforesaid are therefore re¬
quired Seriously to weight & Consider the premises and take Especiall
Care that the said Criminalls be severely Corected & punished as their
Crime deserves. And the severall Court’s and Sheriffs within this
Dominion are hereby required for the future to Examin and Consider
whether the Crime for woh such a Comission is dissired be Capitall
and within the Law Aforesaid And if in their Opinion Apper’s so to be
then to transmitt by the person that Apply’s himselfe to his Excell y
for the said Comission a Copy of the Mittimus and all Evidences re¬
lating to the fact.

Ordred that the Attorney Gen11 prepare a Proclamacon for putting
the Law’s Concerning Negro’s in Execution and to restrain the ly-
cenciouse liberty given them by Severall Masters, Mistresses & over¬
seer’s, According to Law.

Mr Charles Anderson and Mr George Robertson by letters giving
Account to his Excell y of two incesteouse Manages in the County of
Charles Citty is referd to further Consideracon & that Mr Blair have
Notice of itt.

Upon the Complaint of Mr William Wilson Mr Will Lowrey Mr
Edm° Sweeney Mr Augustin More Mr Coleman Brough and Mr Pasco
Curie Justices of Elizabeth City County against Cap1 Anthony Arm¬
stead Mr Bertram Servant Mr Edwd Mihill Mr George Walker & ca
who by their peticon presented to the Justices att their Court held the
19th of feby last Accusing the said Justices of Illegality and Injustice
in Assesing the County and parish Levy’s and att the said Court Ap¬
pearing wth a great Number of People Subscribers to the said peticon,
att which tyme the aforesaid Armstead did Assault & beat Mr James
Wallace Minister woh quarell and disturbance occasioned the Courts
Adjourement all wch proceedings they Conceive to be riotouse and Con-

310

Executive Journals, Council of Colonial Virginia

trary to Law therefore humbly intreate His Excell y 8 Consideracon
and redress of the same It is Refer’d to the Attorney Gen11 to make
prosecution according to Law.

Upon the Peticon of James Omooney praying a Super sedias upon
an Order of James Citty County Court Conserning the Estate and Or¬
phans of Charles Whitehead late of the said County Deed Ordred that
a Supersedias be granted he giving Security According to Law.

Aprill y® 21 8t 1694
Present

Mr Secr Wormley
William Byrd
John Lear
Chr: Wormley

His Excell y

Edward Hill
Hen : Whiting
Edm° Jenings
Hen: Hartwell Esq8

Upon the Informacon to his Excell y by George Robertson and
Charles Anderson Clerks and Benifists in Henrico and Charles Citty
Countys of the late incesteouse Manages of Charles Bartholmew and
John Moore of Charles Citty County being in Councill fully Consid¬
ered. Itt is the Opinion of the Councill that the Attorney Gen11 do
issue out due process According to Law and former practice here and
ordred Accordingly.

Upon the Peticon of Robin Santy Negro for a Supersedias upon
an Order of James Citty County Court Granted to Philip Ludwell
Esqr against the said Negro’s freedom, he not being heard when the
same past against him, Ordred that Supersedias be granted he giving
Security According to Law.

Ap11 23d 1694
Present

Mr Secr Wormley
William Byrd
John Lear
Chr: Wormley

His Excell y

Edward Hill
Hen : Whiting
Edm° Jenings
Hen: Hartwell Esq8

Cap* Thomas Ballard high Sheriff of the County of York ac¬
quainting his Excell y and Councill that Tony Negro of Mr Charles
Minis being persued by a Warrant from a Justice of Peace for breaking
Open the Store of Coll Lawrence Smith in York County fled into Eliz¬
abeth Citty County and by Virtue of his Excellys Speciall Warrant
is Apprehended and brought to the County Goal of York, the Sheriff
of the said County praying directions therein, It is refer’d to the Coun¬
ty Court to proceed therein According as the Law directs and if above
their Cognizance to represent the whole Matter to His Excell y

Executive Journals, Council of Colonial Virginia

311

Ap1 y® 26th 1694
Present

Mr Secr Wormley
Richard Lee
William Byrd
John Lear

His Excell y

Chr: Wormley
Edward Hill
Hen Whiting
Edm° Jenings
Hen: Hartwell Esq8

Upon Seriouse Consideracon of a Letter to his Encelly from the
Govr of New York for Assisting that Province against the French and
Indians wherin is represented the great necessity’s that Province lye’s
under. It is the opinion & Advice of the Councill (it being much for
their Majts Service) that his Excell y Sign a Warrant for Mr Auditor
Byrd to Advance and transmitt five hundred pounds to his Excell y
Coll Benja Fletcher Govr of the aforesaid Province for their Majts
Service there. And that Mr Audit1 Byrd reimburst himselfe out of the
two shillings per hogshead and Port Duty’s and ordred Accordingly.

Wheras their Majties have been Graciously pleased by their Royall
Charter to Grant to the Colledge of William and Mary in Virginia ten
thousand Acres of Land in Pomunkey Neck and tenn thousand Acres
of Land more on the Southside of James River on the black Water.
Upon Application of the Govrs of the Colledge that the said land may
ne layd out It is Ordred that all restraints heretofore made woh may
be to the prejudice of the said Grants be taken off.

The Govrs of the Colledge of William and Mary by their Peticon
Exhibited shewing that severall Breifs relating to the said Colledge
are in the Secretarys Office and wth the Clerk of the Councill praying
they may be delivered them. Ordred that the said Breifs be delivered
Accordingly.

His Excell y the Govr Accquainting the Councill that he had been
much Solicited from Maryland to goe there for their Majties present
Service in those parts, On Consideracon wherof, It is. their Opinion
and Advice that this GovernV being very well & quiet they knew
nothing here to obstruct his Excell y 8 Jorney, butt that It would be
verey well for their Majts Service if he would please to goe that way.

Ap11 the 27th 1694
Present
His Excell y

Mr Secry Wormley Chr: Wormley

Richard Lee Edward Hill

William Byrd Hen Whiting

John Lear Edm° Jenings

Hen: Hartwell Esq

Upon reading the Peticon of William Heslett Setting forth that he
having Surveved as Leiu* Coll Thomas Milners Deputy on the South
west side of Elizabeth River these fouer year’s, and the said Milner

512

Executive Journals, Council of Colonial Virginia

being now Dead humbley pray’s his Excell y that he may be Appointed
Surveyor of the said Southwest Side of Elizabeth River, It is the Opin¬
ion of the Councill that the said William Heslett is a fitt person for
that Imploy and is Accordingly Granted.

Upon reading the Peticon of William Lowrey Setting forth that
there is now no Surveyor for Elizabeth Citty and Warwick County’s
Leiu4 Coll Thomas Milner who was Survey1 of the sd Countys being
dead, humbley prays his Excell y that he may be Appointed Surveyor
of the said Countys. It is the Opinion of the Councill that the said
William Lowrey is a fitt person for that Imploy and is Accordingly
Granted.

Whereas process was issued out this Gen11 Court by Mr Attorney
Gen11 against Charles Bartholmew and John Moore of the County of
Charles Citty for their incesteouse Mariages and the Sheriff of the said
County returning the said process unexecuted not Comeing to him in
tyme. It is Ordred the Attorney Gen11 do make process against the
said Bartholmew and Moore att the County Court of Charles Citty
According to Law.

Att a Councill held att James Citty ye 13th June 1694

Present

Mr Secr Wormley
William Byrd
John Lear
Chr: Wormley

His Excell y

Edward Hill
Hen : Whiting
Edm° Jenings
Hen: Hartwell Esq8

Upon Consideracon of the peticon presented to his Excell y by
severall Masters of ships, (Viz) Christopher Scandret Joseph Miller
William Nicholls Thomas Eley William Eliott Thomas Pretty John
and William Fletcher, Setting forth that they are readey to Sayle to
their respective ports and praying they may be permitted to sayle
Accordingly. It is the Opinion and Advice of the Councill that the
above sd Masters do stay for the Making up a fleet, and that the Col¬
lectors bring into this Board to Morow an Account of what Ships are
in their respective Rivers and Districts and in what readyness to Sayle
and Ordred Accordingly.

Upon Reading of a Letter from the Govr of New York to his
Excell y for the further Assisting that Province against the French and
Indians wUl two hundred men to be paid by this Goverm4 Upon Con¬
sideration therof, It is the Opinion and Advice of the Councill that his
Majts revenue in the Colony is not in a Condition to Assist New York
any further then is allready done being much in Arrear’s.

His Excell y having Informacon from the Honble Coll Richard Lee
and others that a Number of strange Indians have lately Appeared on
the. Frontier s of Potomock River and James River, and done Mis-
cheif in both places Upon Consideracon therof, It is the Opinion and
Advice of the Councill, that persuant to an Act of Assembley for the
better securing of the Fronteir Plantacons there be Eighteen Rangers
Added to those upon Potomock River and also Eighteen Added to

Executive Journals, Council of Colonial Virginia

313

those upon James River and a Cap1 to be Appointed to Comand the
said Rangers On Each of the above said Rivers, and that ye respective
Coman ders in Cheif of Potomock and James Rivers take Care to raise
the said Eighteen men and see them Armed and provided According
to Law and ordred Accordingly.

June the 14th 1694
Present

Mr Secr Wormley
William Byrd
John Lear
Chr: Wormley

His Excell y

Edward Hill
Hen: Whiting
Edm° Jenings
Hen: Hartwell Esq8

Wheras Application hath been made to his Excell y by Severall
Masters of ships praying they may be permitted to Sayle, and upon
the returne of the Collectrs that there is a Sufficient Number of Ships
to make up a Fleet. It is the Opinion and Advice of the Councill and
Ordred in Councill that all Ships bound for England that shall be
readey and Clear by the 14th of July next and repair to point Comfort
in the mouth of James River for making up a Fleet have their Clear¬
ings delivered them by the severall Collect1,8 or by John Lear Esqr
Collect1, of the lower district of James River and Sayle Accordingly,
till when No Ship or Vessell to Sayle to any part whatsoever and after
the sayling of the said Fleet no Ship or Vessell bound to Europe to
sayle till furthr Order

Mr Attorney Gen11 having Accquainted the Board that he did per-
suant to an Order of Councill bearing date the 27th day of Aprill last
take out process to the last County Court of Charles Citty held the
third day of this Instant June against Charles Bartholmew and Re-
becka the Widow and relict of Majr Francis Poythers and John Moore
and Elizabeth the Daughter of Seth Perkins for their incesteouse Mar-
iages who Contempteousely Absented themselves butt Moore by his
Attorney Appeared att the said Court and moved for an Imparlance
untill the next Court Upon wch Mr Attorney Gen11 moved then for an
Order to Attach the body’s of the said Moore and Bartholmew and
that Security might be given for their liveing apart untill the hearing
and Determinacon of the said suites next Court wch was by the Court
denyed and the Court Contrary to Law Adjourned to the third day of
Aug1 next. It is therfore ordred that the first in Comission of the said
Court doe issue his warrant to the Sheriff of the County aforesaid to
take the said Charles Bartholmew and John Moore into Imediate Cus¬
tody and them and either of them Safeley to keep untill they give se¬
curity for their living apart and Appearance to Answer the Informa¬
tion of the Attorney Gen11 for their incesteouse Mariages att a Court
to be held for the said County According to Law on the third of July
next, and in regard the said Court is Adjourned as aforesaid to the
third of Aug1 next the first in Comission of the said Court to give no¬
tice to the Severall Justices to meet at their Usuall place of holding
Courts on the third day of July next Accordingly.

314

Executive Journals, Council of Colonial Virginia

For as much as Mr Attorney Gen11 was directed by Order of Coun-
cill to prosecute Charles Bartholmew and John Moore for their in-
cestcouse Mariages at the next County Court held for Charles City
and the said Court Notwithstanding the said Order having delayed
his said Suites and Adjorned the Court Contrary to Law, to the third
day of Aug* next It is therfore ordred that thre of the Justices first in
the Comission of peace there doe appear before his Excell y and Coun
cill on the 17th of July next att James Citty to Answer to what shall
be Aleidged against them in that behalfe.

Upon Consideracon of the Peticon of William Mosley on behalfe
of the Inhabitants of Sittenbourn Parish on the south side of Rappa¬
hannock River, setting forth that the said Parish being of large Ex¬
tent & lying on both sides of Rappa River humbley prays his Excell y
that they may be Constituted and made a Parish by themselves, and
therby inabled to Entertain a Minister and repair their Church It
is the Opinion and Advice of the Councill that the said parish do not
devide Unless they can agree to Joyne the next Parish, that so they
may be the better able to defray all Parochiall Charges, and Ordred
According.

June 15th 1694
Present

Mr Secr Wormley
William Byrd
John Lear
Chr: Wormley

His Excell y

Edward Hill
Hen : Whiting
Edm° Jenings
Hen: Hartwell Esq 8

Elizabeth Lewis a person Condemned and repreived untill the
next Gen11 Court, but Informacon being given to this Board that she
hath by some liberty given her by the Sheriff verey much misbehaved
herselfe. It is therefore Ordred that the said Sheriff doe keep the said
Elizabeth Lewis in Close Custody in the Comon Goal of James Citty
as a Condemned person

*Att a Councill held att James Citty the 18th of July 1694

Present

Mr Secr Wormley
William Byrd
John Lear
Chr: Wormley

His Excell y

Edward Hill
Hen: Whiting
Edm° Jenings
Hen: Hartwell Esq 3
Mr Comissary Blair

*In Vol. 1307 (fo. 65) of Class 5 of the Colonial Office Papers is a duplicate of these July 1694 pro¬
ceedings of the Council. The duplicate assigns to a meeting held on the 17th of July the proceedings
given above as of the 18th, up to the entry beginning "Persuant”, and it gives only nine members as
being in attendance, the name of Mr. Commissary Blair being wanting.

Executive Journals, Council of Colonial Virginia

315

Cap1 Miles Cary Applying himselfe for his Jorney to]

New York as Comissionr to agree upon a Quota wth other | 90 li

Neighbouring Comission18 Ordred . . . . . I

Mr Secretary Wormley Applying for Money paid by]
him for Cariages Plank & ca for the Gunns att James f 40. 04. 3

Towne Ordred . . . . . . . . . — 1

Thomas Palmer Applying himselfe for Making Six— j 60 li

teen Cariages & c a for York and Tindalls point Ordred _ J

Mr John Chiles Messenger by Order of Councill _ 25 li

Mr William Drumond Messengr to Attend the house] 05 li

of Burgesses by ordr of Councill . . . J

Mr James Sherlock Applying for money paid by him] 37 12 6

for sever11 Expresses ordred . . . . . . f

Coll. Brown Applying himselfe for storidg of Amuni-\ 3 02 6

tion & c Ordred. . . . — . . . . . j

Cap1 Thomas Ballard Applying him selfe for Sloop \ 08 li

hire & ca to Accomack wth Cap* Cary Ordred .

Mr Welbourn Applying for Sloop hyre from Accomack\ 5 li

wth Mr Randolph Ordred. . — . j

Ms Alice Goodrick Applying for making a partition! 03. 10

in the Secretary’s Office Ordred. . . . . . . . j

Ordred in Councill that Warrants be prepared for the above said
Sums for his Excell y 8 signing

Persuant to his Majties Comands Signified to his Excelly by Letters
of the 15th of March 1693-4 Henry Hartwell Esqr and Mr James Blair
was sworn of their Majts Councill of Virginia.

Upon reading of a Letter from Cap* Geo: Mason to his Excell y
Accquainting his Excell y that the Rangers fouer miles in the Woods
back of the Inhabitants found a Negro Killed Supposed by Indians as
also that he canot perswade the Inhabitants of Brent Towne to returne
to their habitations again. On Consideracon therof It is the Opinion
and Advice of the Councill, that the Rangers in Ranging According to
Orders take perticular Care of Brent Towne not to be deserted nor
hurt by any Indian or Other Enemy’s, and that the Magistrate have
Notice, if possible to find out who Murthred the Negro.

Upon reading of a Letter of the 13th of July from Cap* Hicks Co-
mander of their Maj*8 Ship King fisher Accquainting his Excell y of
his Arrivall in Virginia his being bound to Maryland wth the Goverr
and of his returning to James River to stay till the 13th of Septr Upon
woh his Excell y Asked the Councill about the sayling of the Fleet that
is ready. It is the Opinion and Advice of the Councill that there being
the Bengali of two and thirty Gunns and other Ships of force who have
been deteyned to make up a Fleet being Clear’d and readey to Sayle
att the Mouth of James River be permitted to Sayle Accordingly and
that no ship or Vessell not Cleared & gon be Cleared or permitted to
Sayle to Eurpoe but wth the Convoy.

James Jossey Gent, by his Complaint to his Excelly Setts forth
that on the 12th of June last he was Assaulted and beaten in Nanse-
mond Court, the Court Sitting without redress by Cap* Tho. Goodwin

316

Executive Journals, Council of Colonial Virginia

Refer’d to the Court of Nansemond forthwith to make Answer of the
matter Complained of into the Secretarys Office.

The Rector and Goverrs of the Colledg of William and Mary pre¬
senting to his Excell y and Councill a Letter from the Comission18 of
their MajtB Custom’s directed to them desiring it may be recorded
Ordred that the said Letter be Admitted to Record.

His Excell y Caused to be read in Councill a Letter from the Co-
missionrs of their Majts Custom’s of the first of March 1693-4 Ac¬
quainting his Excell y that there was readey to Sayle from Scotland the
Jane Robert Mackree Coman dr loaden wth the goods of that Countrey
bound for Virginia, Upon wch his Excelly directed the Severall Col¬
lect1'8 present to take Copys of the said Letter and be Carefull in their
duty’s, and Seizure therof if Arrived in Virginia as also a Letter of the
16th of March desiring his Excelly to give Instructions to the officers
of the Custom’s that they doe not Certifie to the Plantations for any
greater quantity of Tobacco then for which the duty shall be first An-
swred and paid to them and that in their Certificates they doe mention
both the Number of hogsheads, bundles Trusses and the exact weight
therof — And a Letter from Edwd Randolph Esqr Survey1, Gen11 of
their Majts Customs to his Excell y Advising that the William of Glasco
four hundred Tunns George Lyon Mr bound to Virginia or Maryland
wth the goods of Holland, all wch, his Excell y Ordred to be observed
Accordingly.

July ye 20th 1694
Present
His Excell y

Mr Secr Wormley Chr. Wormley

William Byrd Edward Hill

John Lear Hen: Hartwell Esq8

Upon Informacon that the Gunns in Rappahanock River were out
of Order, and Mr Secret y Wormley Accquainting his Excell y they were
of no use, not Comanding the Chanell Ordered that the said Gunns be
brought to James Town.

Mr James Biss Cap* Peter Perrey and Mr HenryBatt Appearing
persuant to an Order of Councill of the 14th of June last to Answer to
what should be Aleiged against them for delaying the suits of the At¬
torney Gen11 against Charles Bartholmew and John Moore for their
incesteouse Mariages and Adjorning the Court Contrary to Law,
humbley Submitting themselves, were dismist from further Attend¬
ance.

Mr Auditr Byrd having Sattisfied and paid their Majties Councill
of this Colony the thre hundred and fifty pounds Sterl for wch War¬
rants was signed by his Excell y the Govr they doe hereby desire and
appoint Mr Secretary Wormley for and in their behalf’s to give receipts
on the said Warrant

Ralph Wffirmeley Sec

Executive Journals, Council of Colonial Virginia

317

Virginia fs By His Excellency A Proclamation

Whereas the laws Concerning Negros, and other
Loc slaves have not had the good Effect by them Intended, for
Sigill want of being duely Executed, and particularly one Act
of Assembly made at James Citty the Eight day of June
Anno Dom. 1690 intitiled an Act for preventing Negros insurrections
in which it is provided that it shall not be Lawfull for any Negro or
other slave, to Carry, or Arme himselfe with any Club, Staff, Gunn,
Sword or any other Wapon of Defence or offence Nor to goe or Depart
from his Masters Ground without Certificate from his Master, Mis¬
tress or Overseer, and Such permission not to be granted but Upon
particular and Necessary Occasions and by one other Act of Assembly
made at James Citty the 10th day of November 1682 Entituled an Ad¬
ditional Act, for the better preventing insurrections by Negros it is
further provided that both the Said Acts shall be by the Minister or
reader of Each parish read & published twice Every yeare Viz* Some
one Sunday or Lords day in Each of the Months of September and
March, in Each parish Church or Chappell of Ease in Each parish in
this Colony in the time of Divine Service after the reading the Second
Lesson Under the paine and penalty therein Exprest, and also that
Noe Master or Overseer shall at any time knowingly permitt or Suffer,
without the Leave or Licence of his or their Master or Overseer any
Negro or Slave, not properly belonging to him or them to remayne or
be upon his or their plantation above the space of four hour’s Contrary
to the intent of the before recited Act upon paine of forfeiture, as is in
the Said Law Mentioned, but Notwithstanding which thro’ the re-
missnessnes and Licenciousness of the Severall Masters, Mistresses,
Overseers & other persons Enjoyned by the said Laws to performe
their Severall duties therein Diverse Negroes and Slaves in Sundry
parts and Counties in this Colony have Met, Congregated, and got
together which Meetings and gatherings together of Such Negros or
Slaves as aforesaid being of dangerous Consequence — Sr Edmond
Andros Kn* their Majesties Lieu* and Governor Generali of Virginia
by Advice in Councill doe by this proclamation in their Majesties
Names will and require, that According to Law Noe Master Mistress
or Overseer doe grant Certificate or permit Any Negro or Other Slave
to depart from their Masters Ground but upon perticular and Neces¬
sary Occasions, and Such Certificate Soe granted, to Expresse the place
where, and limitt the time for their goeing and returning upon Such
Occasions as aforesaid, and I doe further will and require that all and
Every Sheriff Justice of the peace Constables, and other officers and
all and Every person or persons within this Dominion of Virginia to
take Especiall Care, that the Laws Concerning Negros be fully and
duely Executed, as they and Every of them will answer the Contrary
at their Utmost Perrills Given Under my hand and the Seale of the
Colony this 14th day of Aprill Anno Dom 1694 and in the Sixth yeare
of their Majesties Reign

E Andros

God Save the King & Queen

318

Executive Journals, Council of Colonial Virginia

To all Sheriffs in their respective Counties to
be published in all County Courts, Churches
Chappells of Ease and at all Meetings of
the Militia or Musters in Every County of
Virginia: A true Copy

A proclamation Concerning Negros R Wormeley Secr

Wm Randolph Att Gen11

Att a Councill held att James Citty the 11th Sep* 1694

Present
His Excell y

Mr Secr Wormley Hen Whiting

William Byrd Edm° Jenings

Edward Hill Hen: Hartwell Esq8

Ordred that after the Sayling of the Convoy’s no Ship or Vessell
be permitted to Sayle to Europe till further Order

Wheras James Howard of Charles Citty County hath Clandes-
tinly possest himselfe of, and removed an Estate lately belonging to
Thomas Wilkisson of the County of James Citty Deced after it was
Seized and Inventoried by the Coronor for their Majtie3 use

Mr Attorney Gen11 is therfore Ordred to Inquire into the Illegall
proceedings of the said Howard and to prosecute him the next Gen11
Court for recoverey of the said Estate According to Law.

Wheras Complaint hath been made to his Excell y that former
Orders Concerning the Estates of persons dying Intestate and without
heyres not having been observed as directed, Itt is ordred that the Re¬
spective County Courts within this Dominion do Cause the Sheriff or
Coronor of the said County to render an account of all such Estates
and that they returne the same into the Secretary’s Office by the fourth
day of Octor Gen" Court and by the same day to Everey Gen11 Court
Succeeding.

Sep* 12th 1694
Present
His Excell y

Mr Secr Wormley Hen Whiting

William Byrd Edm° Jenings

Edward Hill Hen: Hartwell Esq8

The Answer of Nansemond Court persuant to an Order of Coun¬
cill of the 18th of July past to the matter Complained of by Mr Jossy
his being beaten in the said Court, not being Satisfactory. It is Or¬
dered that the Sheriff of the said County Mr Edmond Godwin Mr
Richard Lovegrove Justices do attend His Excelly in Councill on the
third day of Octor Gen11 Court.

His Excy Accquainting the Councill that Application having been
made to him by the Govrs of the Colledge of William and Mary that

Executive Journals, Council of Colonial Virginia

319

he would be pleased to be one of their Society Asked the opinion of the
Councill

Itt is the Opinion of the Councill that itt will not only be a great
honor but verey much for the Service of the said Colledge if his Excy
would please to Accept therof.

Att a Councill held att James Citty the 19th of Octor 1694

Present
His Excel y

Mr Secr Wormley
Richard Lee
William Byrd
Chr. Wormley

Edward Hill

Edm° Jenings
Hen: Hartwell
James Blair Esq

His Exy accquainted the Gent of the Councill that are Collectors
that he wanted Some of the lists of Ships, the Collect™ promist to re-
turne the same from the year 1690 wth an Account of their bonds &
Certificates returned to this tyme as directed, wch he desired they would
dispatch and be Carefull in their Duty and have perticular regard to
the Comissioners last letter.

Richard Lovegrove & Edmond Godwin two of the Justices of
Nansemond Court Appearing persuant to an Order of Councill of
the 13th of Sep* last for not making full Answer to the Matter Com¬
plained of by Mr James Jossy his being beaten in the said Court hum-
bley Submitting themselves & promissing for the future to demean
themselves according to the Stations they are in, were dismist from
further Attendance.

Upon reading a Letter from Coll° And: Hamilton to his Exy Ac¬
quainting his Exy that the Councill of New York had Allowed him fifty
pounds a year Salary out of the Revenue for Incouraging the post, and
Boston twenty five pounds, Connecticutt Feridge free, wch will amount
to twenty five pounds a year, And proposes that if Virginia will de¬
liver their Letters att New Castle he will take them up there and Con¬
vey them according to directions & likewise bring all Letters that are
directed for Virginia to New Castle they paying the postage, or if the
Countrey will Allow him a Salary of two hundred pounds a year he
will deliver the Mayle at James Towne and the Letters shall be postage
Free.

Ordred that Mr Heyman Attend the Councill and Say what di¬
rections he hath from Coll0 Hamilton or further to propose relating
to the post or Virginia Act for itt

Octor 23 d 1694
Present
His Excell y

Mr Secr Wormley
Richard Lee
William Byrd
John Lear

Chr: Wormley

Edward Hill
Edm° Jenings
Hen Hartwell Esq

320

Executive Journals , Council of Colonial Virginia

Upon reading a Letter from the Goverr of New York to His Ex¬
cell y of the 24th of Sep* last wherin he Accquaints his Exy that he had
sent him a Copy of his Treaty wth the five Nations who have made a
peace wth Canada, as also wth a New Schem of Assistance woh Amounts
to two thousand Six hundred pounds per Anum or Ninety men to be
menteyned by this Govern'd The Said Treaty and papers being read,
Upon Consideracon therof. Itt is the Opinion of the Councill that the
present Circumstances of this Goverm* Cannot allow a further As¬
sistance to New York att this tyme.

Ordred that Mr Secry prepare a letter for the Govr of New York
to acquaint him therwith, and that Wee shall be ready to do our Ut¬
most on all Occasions.

Octor 25th 1694
Present
His Excell y

Chr. Wormley
Edward Hill
Edm° Jenings
Hen: Hartwell

Mr Secr Wormley
Richard Lee
William Byrd
John Lear

James Blair Esq

Upon reading a Letter from Mr Geo: Parker Sheriff of Accomack
praying a Comission of Oyer & Termr for the tryall of an Indian slave
named Jenny for Murthering her bastard Child

Ordred that a Comission of Oyer & Termr be prepared for the
tryall of the above said Indian According to Law.

Itt is the Opinion of the Councill & Ordred that by reason of the
Severall Alarmes this Sumer the Rangers Ordinary and Extraordinary
be Continued in the heads of the Rivers & Frontiers

Upon his Exys representing the Defects It is the opinion of the
Councill that a fitt officer be Allowed and paid to take Care of the Gunns
to be in good ordr for the Defence of the Countrey.

Mr Peter Heyman Attending persuant to an Ordr of Councill of
the 19th Instant, accquainted His Exy that he had no directions from
Coll° Hamilton Concerning the post nor further to say in itt.

Ordred that a Letter be writt to Coll° Hamilton by Mr Secretary
to make more perticular propositions about the post & Virginia Act
of Assembley made for itt and to Acquaint him of the Continued
readyness of his Exy and the Councill to Encourage & further the Same.

Upon reading the Peticon of the Chickohomony Indians to his
Exy Setting forth that where they now are Seated on the North Side
of Mattapony in King & Queen County the Land is so poore that itt
will no longer bring them Corn to Eate, nor yeild them wood for their
Necessity’s they therfore pray for a Tract of Land Called Quaynoho-
mock that lye’s over against them in Pomunkey Neck, not Improved
and formerly theirs

Refered to the County Court to Examin the matter & to make
report therof forthwith into the Secretarys office.

Executive Journals, Council of Colonial Virginia

321

Att a Councill held att James Citty the 5th of March 1694 [1694-5]

Present
His Excell y

William Byrd Edm° Jenings

Edward Hill Hen: Hartwell

James Blair Esq3

His Exy had read this day Her Majties Letter directed to him
dated the 22 d day of Aug‘ 1694 directing that a Quota or part of the
Militia of this Colony not Exceeding two hundred and forty men be
the assistance to be given for the Defence & Security of New York and
desired the Advice of this Board theron.

for the most Effectuall putting itt in Execution when Occasion
Ordred that the said Letter be Entered in the Councill Booke, &
upon application of their Majties Govr of New York to his Exy, that
some Vessel 1 or Vessells, provisions and Necessarys be provided for
the transportation of them.

Upon reading a Lettr from the Lords of the Treasurey to his Exy
Dated the 15th of Novemr 1694 for the providing a Vessell about forty
tunns and Comander to Cruise on the Coast of Virginia to prevent Ir¬
regular traders.

It is Ordred that the Severall Collectors do forthwith Inquire for
such a Vessell & Comander and give account to His Exy & to receive
proposalls for the Victualling and Maning the said Vessell

For the Speedy putting the same in Execution and that the Clerk
of the Councill Imediately dispatch this Ordr to the Severall Collectors
The Severall Colectors of the Colony are Ordred to give present
account of all doubtfull Bonds to His Exy & the Clerk of the Councill
forthwith to give Notice of this ordr to the respective Colectors

His Exy was pleased to signifie to this Board as he hath formerly
don his readyness for the Incouragment of the Colledge & Clergy, &
desired that this Board would with their Advice further inable him to
promote so good a design, & demanded if anything had been Wanting,
or now to be don on his part, This Board doth Unanimously declare
they are sencible of the readey & Cherfull Assistance he hath been
pleased to Express & Shew for the Effecting that good design, have
nothing to Offer att present but pray the Continuance of his Care and

favour therin. . . f . .

It is the Opinion & Advice of the Councdl that it is tor their
Majties Service that an Assembley be forthwith Called to meet on
the Eighteenth day of Aprill next att James Citty,

It is the Opinion of the Board that itt is for their Majt,es Service,
that a Ship be permitted to Sayle to England to give Advice of the
Arrivall of the Fleet. And ordred that Coll° Edwd Hill Colector of the
Uper District of James River have liberty to Clear the Ship London
Merchant Nic° Smith Comander in ordr to Sayle the twenteth of this
Instant March, & that from that tyme no Colectr is to Clear any ship
or Vessell bound to any other part whatsoever.

His Excell y was this day pleased to have read Severall Letters

322

Executive Journals, Council of Colonial Virginia

relating to the Indians being Under the Apprehention of danger from
Foreign Indians, Asked the Advice of this Board. Who are of Opinion
that nothing need att present be further don, but that the Rangers
att the heads of the Rivers be dilligent and Carefull in their Duty Ac¬
cording to former Orders.

Upon reading the Peticon of Mr Cope Doyly Clk, and Minister of
Denbeigh Parish in the County of Warwick Complaining of his being
Shutt out of the Church by Mr William Rasco one of the Churchward¬
ens of the said Parish, & that William Lambmot Clerk of the said Par¬
ish, refused to deliver the Key of the said Church to the said Minister,
& also to give his Attendance tho required, so that on the 24th of feby
last the Minister & Congregation was debared from performing their
Duty there.

Ordred that the said William Rasco and William Lambmot do
Appear before the Govr and Councill on the 15th of Aprill next att
James Citty to answer the said Complaint, & that till then the Church
doores be opened, and Mr Cope Doyly have liberty to performe Divine
Service as formerly.

March 6th 1694 [1694-5]

Present
His Excell y

William Byrd, Edm° Jenings

Chr: Wormley Hen: Hartwell

Edward Hill James Blair Esq8

Upon reading the Report of Coll0 William Byrd and Coll0 Edward
Hill, that in Obedience to his Excys Comands bearing date the 5th of
this Instant, they had Viewed the Platforme or Ould Fort near the
Statehouse wch they find to be wholy ruined the brick being decayed
and no way’s to be repaired without more Charges then would build a
regular Fortification. Which being Considered by the Board, are of
Opinion that it is not fitt to be Contineued for that Service, butt ought
to be demolished, and the Guns now Mounted to be placed there for
the better defence of the River

His Excy hath been pleased to lay before this Board their Majties
Severall Comands relating to this Countrey. The Councill are of
Opinion that a State of the present Condition and Circumstances of
the Countrey be drawn up by Mr Secretary Wormley Coll° William
Byrd & Coll° Edm° Jenings or any two of them, & to call to their As¬
sistance Such other of the Councill as can Attend itt to be sent to Their
Majties Secretary of State to be humbley presented to their Majties &
ordred accordingly

Executive Journals, Council of Colonial Virginia

323

Att a Councill held att James Citty the 15th of Aprill 1695

Present

His Excell y

Edward Hill
Edm° Jenings
Hen Hartwell
James Blair Esq8

His Exy Accquainted the Councill that they were now mett to
hold a Gen11 Court & Assembly and desired their Advice & Considera-
con of what necessary for their Majties Service

Apr11 16th 1695

Present

His Excell y

Edward Hill
Edm° Jenings
Hen: Hartwell
James Blair Esq8

Upon Consideracon of New’s of the Death of Her Royall Majtie
Queen Mary; spread in this their Majties Colony of Virginia. His Ex¬
cels was pleased to aske the Opinion of the Councill therupon

It is the opinion of the Councill that no Notice is. to be taken of
the said New’s, nor alterations made in formes till Signified from their
Majties Privy Councill, as formerly

Mr William Rasco & William Lambmot Appearing persuant to
an Ordr of Councill of the 6th of March last, to Answer the Complaint
of Mr Cope Doyly Clk for Shutting the Church door’s upon him. Will¬
iam Rasco praying a Copy of the said Complaint and tyme to Answer.

Ordred that the said Rasco have a Copy of the said Complaint,
& that he make Answer on Friday Morning Next.

Mr Geo: Hudson Clk. being Under reprehention from his Exy for
Comeing into this Countrey without my Lord of Londons Lycence,
and now attending. His Exy desired the opinion of the Councill what
further to be don therupon, Upon woh Mr Comissary Blair Accquainted
His Excell y that his Ordination was good, and that he had been made
Sencible Enough of his Eror in Comeing without my Lord of Londons
Lycence, by his Excell y 8 reprehention and not yett Admitting him
It is the opinion of the Councill that the Said Mr Geo: Hudson be
no further restrained or discouraged from the Exercise of his Minis¬
terial! Function in this Colony.

Mr Secr Wormley
William Byrd
Chr: Wormley

Mr Secr Wormley
William Byrd
Chr: Wormley

324

Executive Journals, Council of Colonial Virginia

Apr11 17th 1695
Present
His Excell y

Mr Secr Wormley Edward Hill

Richard Lee Edm° Jenings

William Byrd Hen : Hartwell

James Blair Esq8

His Excell y having Accquainted this Board that he was Informed
that Coll0 Phill. Ludwell late one of the Councill and reputed Govr of
Carolina, was Elected one of the Burgesses for James Citty County,
Demanded the Opinion of the Board, whether he was proper for that
Station and Service, who are of Opinion he is not to be obstructed.

His Exy was pleased to Accquaint the Councill wth the heads of
his Speech designed to the house of Burgesses.

A Quota for assistance of New York
Vessells to Cruise for Illegall traders
Ministers Salary or Allowances to be asscertained in Money or Value.
To Encourage & further the Colledge

Rangers Continued and More added to asscertain their pay.

To Ease the Levy by the Poll by a Duty on Liquors Imported.

Apr11 19th 1695

Present

His Excell y

Edward Hill
Edm° Jenings
Hen: Hartwell
James Blair Esq8

His Exy proposed to the Councill whether he should speak to the
Members of the House of Burgesses before they chose their Speaker
or after, their Opinions are that the Speaker be first Chosen

His Excell y was pleased this day to Comunicate His Speech to
the Councill and Demanded their Opinions theron, wch they Unani¬
mously Approved of, finding Nothing Wanting that might be further
Serviceable to the Church or State.

Upon Consideracon of severall Undecent reflections reitterated
and asserted wth passion by Mr James Blair One of their Majties Coun¬
cill to his Exy their Majties Govr in the Councill Chamber, the Con¬
trary of wch are Manifest to this Board, and by Consequence Mr Blair’s
Imputation Groundless.

Itt is the Unanimouse Opinion of the Councill that to discourage
all such proceedings for the future wch tend so greatly to the Diminu¬
tion and Contempt of their Majties Authority placed in their Govr
Mr Blair ought not to sitt att the Councill Board till directions therin.

Mr Secr Wormley
William Byrd
Chr: Wormley

Executive Journals, Council of Colonial Virginia

325

Apr11 26th 1695

Present
His Excell y

Mr Secr Wormley
Richard Lee
William Byrd

Chr. Wormley
Edm° Jenings
Hen Hartwell Esq

This day Mr James Blair one of their Majtie8 Councill Attending
this Board the order of Councill of the 19th Instant was read to him.
His Exy also Accquainting him wth some other reflections made by Mr
Blair on the Goverment, as on occasion of the Church Wardens request
to His Excell y that they might procure a quallified Minister to preach
att James Citty Church in the tyme of Mr Blair the then Incumbent
his Sickness & his Excell y promissing to gratifte the said Minister out
of his own purse, the Church Warden, having first assured his Excell y
they had Mr Blair’s leave, as he himselfe likewise owned. Afterwards
the said Mr Blair did declare that the Govr nor the King had Authority
to Appoint a Minister to preach; and might be of ill Consequence as
in King James tyme, Also that the Ministers need not produce to the
Govr their Orders, being Sufficient they shewed them to him the said
Mr Blair, likwise that the said Mr Blair should Say that he Could once
have served the Clergy in Govr Nicholsons tyme, but that the present
Govr was so Cautiouse that he knew not how to discourse him, all woh
Mr Blair Denying & desiring to see his Accusers face to face Mr Sam11
Eborn & Mr Geo Hudson Clerks being Called & Mr Blair present they
did att the Councill Board affirm all the above perticulars wth more to
the Same Effect, woh they heard from Mr Blair’s own Mouth, and Mr
Blair Not Shewing any reason for any his Unjust reflections nor so
much as Extenuating the same, the Councill are still of Opinion that
the said Mr Blair ought not to sitt at the Councill Board.

Upon the whole matter His Exy then declared to this Board that
Mr James Blair one of their Majties Councill of this Colony is Actually
Suspended from Sitting, Voting, & Assisting as one of their Majtie8
Councill of Virginia

May 1st 1695

Present
His Exy

Chr: Wormley
Edward Hill
Hen. Hartwell Esq

Mr Secr Wormley
Richard Lee
William Byrd

Upon reading the Peticon of Mr John Monro Clerk, setting forth
that on the 28th of Aprill last he was hindred from officiating in the
Chapell of S‘ Johns Parish, where he hath been Minister two year’s,
the Chapell door’s being Nayled & lock*, a great Congregation present
the said Monro praying to be releived from such Irregular & lllegall
proceedings

326

Executive Journals, Council of Colonial Virginia

Ordred that a Copy of the said Peticon be sent to the Vestrey of
the said Parish in King & Queen County, and that they send their
Answer therto on Wednesday the 8th Instant to his Excell y and Coun-
cill att James Citty, to the intent such further proceedings may be had
theron, as are agreable to Law and Justice, and that in the mean tyme
y e Church and Chapell door’s be opened to the said Monro, that he may
performe Divine service as formerly.

May 3 d 1695

Present

His Excell y

Chr : Wormley
Edward Hill
Edm° Jenings
Hen. Hartwell Esq8

Upon reading a Letter from Coll° And. Hamilton post Master
Gen11 of North America to his Exy of the 13*h of March 1694; Con¬
cerning the post Office, His Exy was pleased to Aske the Councill,
what could be further don in that affair, the Councill made Answer
they had don all they could wth the Assembley for the Encouragment
of the Same, & were still willing to do what they might to promote so
good a Work, butt att present Cannot propose any further Service, or
think it proper to move the Assembley therin

Upon reading the Peticon of Coll° John West praying a Supersedias
from An Order of Accomack County Court, Upon hearing the whole
Matter.

Ordred that a Supersedias be granted he giving Security Accord¬
ing to Law.

Persuant to an Ordr of Councill of the 5th of March last, Wherin
itt is Ordred that the Severall Collectors within this Colony do Inquire
for a Sloope or Vessell & Comander, to Cruise on the Coast to prevent
Irregular Traders, Mr Secr Wormley Accquaints the board of a Sloop
in Rappahanock belonging to Mr Gowin Corbin & Coll0 Jenings of a
Small sloop of his Own.

Refered to Mr Auditor Byrd to Agree for one of the said Sloopes
or other Vessell proper for the said service & fitt Mr or Comander, on
the best termes he can as soon as may be.

May 7th 1695

Present

His Excell y

Chr: Wormley
Edward Hill
Edm° Jenings
Hen. Hartwell Esq8

His Exy haying received Intelligence that some hardships have
been putt by Willmington Parish in James Citty County upon Mr

Mr Secr Wormley
Richard Lee
William Byrd

Mr Secr Wormley
Richard Lee
William Byrd

Executive Journals, Council of Colonial Virginia

327

John Gourdon Minister of the said Parish and he turned out from offi¬
ciating in the Cure therof, without any known reason for their so do¬
ing, Accquainted this Board therwith, desiring Advice what could be
don therin; Upon Consideracon therof, It is therfore .rdred that the
Church Wardens of the said Parish of Willmington on Fryday next
attend this Board, wth an account of all the proceedings of the said
Parish Concerning the said matter, & that the said Mr John Gourdon
have notice then & there also to give his Attendance, to offer what he
shall think proper that right may be don therin.

His Exy having received Intelligence that some hardships have
been putt by Abington Parish in Gloucester County Upon Mr Stephen
Gregg Minister of the said Parish & he turned Out from officiating in
the Cure therof without any known reason for their so doing Ac¬
quainted this board therwith. Upon Consideracon therof It is therfore
Ordred that the Church Wardens of the said Parish of Abington on
Teuesday next attend this board wth an Account of all the proceedings
of the said Parish Concerning the said Matter, & that the said Mr
Stephen Greg have notice then & there also to give his Attendance to
offer, what he shall think proper that rignt may be don therin.

May 8th 1695

Present

His Excell y

Chr: Wormley
Edward Hill
Edm° Jenings
Hen. Hartwell Esq8

Upon reading the Peticon of the Trustees of the Colledg of William
& Mary, setting forth that their Majties by their Graciouse Charter
having granted to the Peticoners, and the greater part of them or of
the longest liver of them, & to their Heyres in trust for the Colledge
of William & Mary in Virginia the office of Surveyor Gen11 of their
Colony of Virginia, Whensoever and as often Soever as the same should
becom Void. The said Office by the Death of Allexandr Culpeper
Esqr the last Surveyor Gen11 is now become Void, and therfore by Ver-
tue of the said Charter is devolved to the Peticoners; and further
shew that by that the said Charter, It is directed, that they & the Major
part of them, or the longest liver of them shall from tyme to tyme nom¬
inate & substitute so many Surveyors for the Severall County’s as the
Govr or Comander in Cheife & the Councill for the tyme being shall
think necessary & Convenient

They therfore pray they may be admitted to Execute the said
Office of Surveyor Gen11 & that the Govr & Councill will be pleased to
asscertain how many Surveyors are Necessary to be Appointed for the
severall County’s in this Countrey . .

His Exy and Councill having due regard to their Majties Royall
grant do declare that the said Trustees may Execute the Office of
Survey or Gen11 persuant therunto, and are of Opinion, that the Number

Mr Secr Wormley
Richard Lee
William Byrd

328

Executive Journals, Council of Colonial Virginia

of Surveyors in the Severall County’s are Sufficient as they now are,
till directions therin.

Persuant to an Order of Councill of the first of May last two of the
Vestrey & one of the Church Wardens of S‘ Johns Parish in King &
Queen County attended this board to answer the Complaint of Mr
John Monro Clk for shutting the Church Door’s against him

Who declare that the Vestrey mett in order to Agree wth him the
said Monro for the Ensuing Year wch he refused, & was afterwards
desired again, butt Answred he would make No Agrement wth them
Upon hearing Mr Monro & the said Vestreymen it doth not ap¬
pear the Chapell door’s were shutt to keep Mr Monro out from officiat¬
ing as Minister of the said Parish but to keep out the Catle from de-
fyling the said Chapell, and that the doors of the said Chapell were not
opened when Mr Monro Attended to performe Divine Services was,
the Church Wardens presuming the Parish to be Vacant of a Minister
The Vestreymen declare that they are Willing to Continue Mr
Monro their Minister & will call a Vestrey upon their returne in ordr
to agree wth him wth woh the said Monro was Sattisfied

May 10th 1695
Present
His Excell y

Mr Secr Wormley Edward Hill

Richard Lee Edm° Jenings

William Byrd Hen: Hartwell Esq8

The Church Wardens of the Parish of Willmington in James Citty
County this day Attending this board persuant to an Ordr of Councill
of the 7th of may Instant made upon Intelligence given, to his Excelly
that hardships were putt by the said Parish upon Mr John Gourdon
their Minister & he turned out from officiating therin

The Church Wardens Averring that they did not turne him Out,
but that their Vestrey offered to agree wth him the said Gourdon, but
he would not, & that they still desire he would officiate as their Min¬
ister and they will call a Vestrey and agree wth him wth woh the said
Mr Gourdon was Sattisfied & Contented

May 14th 1695
Present
His Excell y

Mr Secr Wormley Edward Hill

Richard Lee Edm° Jenings

William Byrd Hen Hartwell Esq8

Mr Abraham Bradley Church Warden of Abington Parish in
Gloucester County this day attending this Board persuant to an order
of Councill of the 7th Instant made upon Intelligence given to his
Exy that some hardships were put by the said Parish on Mr Stephen
Greg their Minister & he turned out from Officiating therin. The said

Executive Journals, Council of Colonial Virginia

329

Bradley producing two Orders of Vestrey on [one] bearing date the 6th
of Decern1 the other the 18th of feby 1694 Charging the said Mr Gregg
of Severall misdeneanours for woh they dismist him from further Offi¬
ciating as their Minister

The said Mr Greg declared that the turning him out was no hard¬
ship putt upon him, for that he was as willing to leave them, as they to
part wth him, but Complained of their Gen11 Charge against him to
the Injury of his reputation, not assigning any perticular Cryme
against him, and that he was readey to Justifie himselfe ag* any of their
accusations. The said Bradley did therupon in the Name of the Ves¬
trey of the said Parish of Abington Charge the said Stephen Greg for
being guilty of Sodomy

Ordred that the Attorney Gen11 have Notice thereof & make pros¬
ecution According to Law.

May 15th 1695
Present
His Excell y

Mr Secr Wormley Edward Hill

Richard Lee Edm° Jenings

William Byrd Hen: Hartwell Esq8

His Exy proposed to the Councill if there was any thing more to
be don Concerning the Colledge, they answered, there was nothing
further for the present.

May 17th 1695
Present
His Exy

Mr Secr Wormley Edward Hill

Rich d Lee Edm° Jenings

William Byrd Hen: Hartwell Esq8

Upon Consideracon of the Bill Concerning the Tare and Size of
tobacco hogsheads, the Councill are of Opinion, that itt being a popular
Bill and the passing of it may be Serviceable, that it be Agreed to,, there
being Severall other publick Bills and Matters of Import depending.

This day was read in Councill the Comissions Impowring one or
more persons in Each County to Sign Probates and Administrations,
woh Comissions being filled up were signed by his Excelly

His Exy was pleased this day for Councill to Appoint Sheriffs for
the Severall County’s within this Dominion

His Exy was pleased to Aske the advice of the Councill, whether
there was any thing further to be proposed to the House of Burgesses
for Service or the good of their Colony to wctl the Councill declared
they were not sencible of any thing, and that nothing lay d before
them, Upon wch His Exy demanded the Opinion of the Councill whether
this Sessions of Assembley should determin, who give their Opinions

330

Executive Journals, Council of Colonial Virginia

that it is for their Majties Service that this Session of Assembley do
now determin

May 19th 1695

Present
His Exy

Mr Secr Wormley
Richard Lee
William Byrd

Edward Hill
Edm° Jenings
Hen : Hartwell Esq

His Exy proposed to the Councill what tyme the Auditt Could be.
The Comodores resolution of Sayling being Considered, the Councill
are of Opinion that the Auditt be the last of this Month of wch the
Respective Collect18 to have Notice to bring their Account’s

This day Mr Harry Beverley being Nominated a fitt person to
Comand the Vessell to Cruise on the Coast, It is Ordred he have Notice
therof and that he forthwith View Coll0 Jening’s and Mr Corbin’s
Sloopes, Exprest in an Order of the third of May or any other Vessell
proper for that Service and Make report therof to this Board.

His Exy Ordred the Severall Comanders in Cheife of this Colony
to Inspect the State of the Militia and to se how Armed & to returne
account therof.

His Exy desired the Advice of the Councill Whether the Additionall
Rangers raised on the heads of James River and Potomock River should
be Contineued, Who are of Opinion they be discontinued, there Ap¬
pearing att present No Extrordinary Occasion for their Service.

June the 4th 1695

Present

His Exy

Edward Hill

Mr Secr Wormley
William Byrd

Edm° Jenings
Hen: Hartwell Esq8

Upon reading the Orders of Councill to be transmitted to England,
the Gent of the Councill observe an Omission in the Opinion of the
Councill, given the 26th of Aprill last, relating to Mr Blair’s Unjust
reflections on his Excell y for that the paper Signed by the Councill
and read to Mr Blair is not mentioned nor Entered in the Councill
Booke, and the Words (till directions therin) are omitted in the Con¬
clusion therof, wch was the Intentions and Opinion of the Councill,
and Ought to have been Mentioned, and farther Observe that his Exys
Suspention is Anexed to the said Opinion wch was a distinct Act of
His Excell y 8 and not to be Joyned

His Exy did declare, that he did Suspend And dispence wth Mr
James Blaires Attendance att the Board, as one of their Majties Coun¬
cill till further Order.

The Following Warrants upon the Establishment being brought
to the Councill Board His Exy was pleased to sign; Severall other

Executive Journals, Council of Colonial Virginia

331

persons applying for money due for publick Services, were allowed all
wch to be paid out of their Majties Revenue of two shillings per hogs¬
head and Port Duty’s.

To His Exy Sr Edm° Andros five hundred pounds, being for a
quarters Sallary due att Micklemass last

To His Exy Sr Edm° Andros five hundred pounds being for a
quarter Salary due att Christmas last

To His Exy Sr Edm° Andros five hundred pounds, being for a
quarters Salary due att Lady day last.

To the Councill thre hundred & fifty pounds, being for Salary
due the 27th day of Aprill last

To William Blathwayt Esqr their Majt8 Auditr, being Salary,
Ending on Lady day last, one hundred pounds

To John Povey Esqr one years Salary due at Lady day last, one
hundred pounds

To John Chiles twenty five pounds, being for one Years Salary
Ending on Lady day last.

To William Randolph Esqr being for one yeares Salary due on
the 20th of Aprill last, forty pounds.

To Mr James Sherlock Clk. Councill, fifty pounds, being for one
years Salary due the 26th of May last,

To Edwd Ross Guner of James Citty fort, due to him for Eight
months Salary Ending on Lady day last, ten pounds

To Thomas Emerson Guner of the fort att Tindalls Point Eleaven
pounds thirteen shillings & fouer pence, being for 14 months Salary
Ending the 25th day of March last

To Elizabeth Dunbar Widow of Gowin Dunbar fifteen pounds
being the Ballance of a Claim of thirty five pounds Sterling for an
House built att Tindalls point,

To William Drumond, ten pounds, being due to him for one years
Salary Ending the 14th day of Aprill last

To Mr James Peters forty Seaven pounds fouerteen shillings being
for Making of Cariages Mounting of Guns and Casting up a Brest
Work att Nansemond Fort.

To Edwd Rawlins two pounds ten shill due for fouer months Salary
Ending on the 25th of July last as Guner of the Fort att James Citty
To James Sherlock, ten pounds Seaventeen Shillings being for
Several 1 Messengers to Kickquotan and the remote parts of the Gov-
erm4

To James Sherlock five pounds Seaven shillings being for Books
& paper for the Councill Chamber

To James Sherlock fifteen pounds, being so much paid the Mini¬
sters for Attending two Gen11 Courts and One Assembley.

To Mr Peter Beverly, five pounds one Shilling being for Severall
disburstments in Mounting Eight great Gunns att Tindalls point

To John Tullett, fifty pounds, for mending of Carriages removing
& Mounting of the Gunns beating down the Brick work & levelling
the Fort att James Citty

To Mr Secretary Wormley, Eight pounds being for an Horser to
mount the Gunns att the fort att James Citty

R Wormeley Secr

332

Executive Journals, Council of Colonial Virginia

[From C. O. 5, Vol. 1410.]

At a Councill held at James City the 11th of June 1695

Present

His Excellency
Mr Secretary Wormeley

William Byrd Edmond Jenings Esqrs

His Excellency was this day pleased, to Appoint Mr Daniel Parke
to be one of their Majesties Councill in Virginia, who having taken
the oaths Appointed by Act pf Parliament to be taken instead of the
oaths of Allegiance and Supremacy (Subscribed the test) and the oath
of a Councillor took his place at the board Accordingly

Present

His Excellency

Mr Secretary Wormeley Edmond Jenings

William Byrd Daniel Parke Esqrs

Ordered that the Collectors of the Severall Rivers, and districts
within this their Majesties Colony of Virginia, do take care, that after
the Sailing of the Convoy’s with the Fleet, no Ship or Vessell be cleared
or permitted to Sayle to Europe till further order.

Coll0 William Byrd Acquainting his Excellency that Some Strange
Indians having been lately Seen on the head of James River Occasion’d
his not disbanding the Additionall Rangers there, On Consideration
thereof, it is allowed, and further Ordered that the Additional Rangers
be Continued till the last of this Instant June, and if in the Interim
no more Indians Appear that then they be disbanded pursuant to
order of Councill of the 9th of May last.

Ralph Wormeley Esqr produceing to his Exoy their Majties Co¬
mission to him to be be Secretary of this their Dominion his Excellency
caused the Same to be read, and Ordered that the Said Comission be
Entered in the Councill Booke and transmitted to the Secretarys Office
to be recorded there.

Mr James Sherlock presenting to his Excellency their Majesties
Grant to his Grace Minhard Duke Schomberg for Wrecks & his Ex¬
cellency was pleased to have the Same read, at the board and Ordered
that their Majesties Said Grant to his Grace the Duke Scomberg be
Entered in the Councill Book, and in the Secretary’s Office, that due
regard be had thereto Accordingly.

June the 25th 1695
Present

His Excellency

M* Secretary Wormeley Edward Hill

William Byrd Edmund Jenings

Dan1 Parke Esqrs

Executive Journals, Council of Colonial Virginia

333

Upon severall advices from England, that the Diamond & Eleven
more Ships of Warr, were fitting out from Brest and Rochell in France
designed to Attack and Plunder their Majesties Islands and Planta¬
tions in America, His Excellency was pleased to aske the advice of the
Councill if anything further Necessary to be done, for their Majesties
Service and the Security of this Coast against any such Attempts, on
Consideration so hereof, all Comanders in Cheife of the Respective
County’s having his Excellency’s orders for the Militia to be in a readi¬
ness on all Occasions, and already Notice of the above advice and orders
for good looking out particularly on the Sea Coast, It is the Opinion
of the Councill that nothing is further wanting or Necessary for that
Service but Platforms to be made for the great Gunns at James City
and York & c that Mr Auditor Byrd doe agree with Some person or
persons to do the Same and further that Notice be given by Proclama¬
tion, that no person whatsoever do go on board any Ship or Vessell,
dureing this time of warr, till the Said Ships or Vessells have sent on
Shoare and made known who they are, And that Mr Attorney Generali
do prepare the Said Proclamation and Ordered Accordingly. _

His Excellency having layd before the Board Severall advices from
England, of the Death of her Royall Majestie Queen Mary desired the
Opinion of the Councill, what Necessary to be done thereupon. On
Consideration whereof the Councill are Still of Opinion, that no alter¬
ations be made in formes till Signified from Whitehall and directions
therein as formerly.

At a Councill held at James Citty the 24th of July 1695

Present

Mr Secretary Wormeley
William Byrd
Christopr Wormeley

His Excellency

Edward Hill
Edmund Jenings
Daniell Parke Esqr

Upon reading of a Letter from the Governo1 of new york to his
Excellency, bearing date the 17th of June 1695 for the Assisting that
Province with a Ouota of two hundred & forty men pursuant to her
Majesties Comands of the 22 d of August 1694 which he desires may be
sent to new york by the first of may Next, Ordered that in Obedience
to her Majesties sd” Comands a Quota of two hundred & forty men be
Sent to new york as Applied for by the Said Governor

His Excellency having laid before the board an Account ot Strange
Indians lately Seen at the head of James River, who had killed a man,
and Some Calves and hoggs on the Frontier Plantations, that they were
nersued bv the Rangers, and the Militia, but could not be over taken,
Coll° Byrd & Coll Hill, Comanders in Cheiffe of the Said Rivers ac¬
quaints his Excellency that it is Necessary to have Some Indians Joyned
with the English, being more Expert in the woods and desired they
may be Supplied with Ammunition Ordered that Such Indians as will
go with the English (as Occasion) be Supplied with Amumtion

Upon reading the petition of Coll- William Fitzhugh and Mr

334

Executive Journals, Council of Colonial Virginia

George Brent, Agents for the Proprietors of the Northerne Neck to
his Excellency, Complaining that they could not obtain Comon Process
against Coll0 Richard Lee of the Councill, no other then MrSecretarys
Letter to him, On Consideration thereof, It not Appearing there had
been any failure for want of Comon process, but by the Neglect of the
Sheriff, not makeing return in time, for which he is lyable, Mr Secre¬
tary and Clerke of the Office to issue due process, on any Action En¬
ter’d for the Appearance of the Said Coll0 Richard Lee as Others Ac¬
cording to Law.

Upon further advices from England Informing that the French
doe designe to Attack their Majesties Islands, and Plantations in
America, Ordered that the Comandrs in Cheife, with the Assistance of
the Collectors of the Severall Rivers and districts do take an Account
of all Sloopes, Shallops, Boates, Flatts, and great Canoes, and returne
the Same into the Secretary’s Office for his Excellency the Governor

July the 25th 1695.

Present

His Excellency

Mr Secretary Wormeley Edward Hill

William Byrd Edmund Jenings

Christopher Wormeley Daniell Parke Esq”

His Excellency was pleased this day to propose to the Councill
as he had Severall times before, what further to be done for the Settling
the Post office, On Consideration whereof it is the Opinion of the Coun¬
cill, that the Postmaster hath been wanting not having Settled the
Post office in this their Majesties Colony of Virginia pursuant to their
Majesties Letters Patents Notwithstanding Proclamations to Signifie
the Said Letters Patents as soon as produced, as also that the Ferries
were Vested in the Postmaster, and an Act passed in the Assembly for
the Encourageing the Same, Ordered that Mr Secretary Wormeley do
write to Coll Hamilton Post Master to Acquaint him of the defects,
and to know what he designes that Suiteable orders may be taken
thereupon.

His Excellency was pleased to Acquaint the Councill, that Capt
Miles Cary Rector of the College of William and Mary did inform him
that the Comittee had Appointed Thursday the Eight of August next
for the laying the Foundation of the Said College and prayed his Ex-
cellencys Company at that time, His Excellency desired the Opinion
of the Councill, what proper or Necessary on that Occasion, the Coun¬
cill In forme his Excellency that they had noe Notice thereof but are
of Opinion, that his Excellency haveing alwayes it will be now a fur¬
ther Encouragement to the Said worke, if his Excellency please to goe,
and that the Gentlemen of the Councill will be ready to Attend him
at the laying the Said Foundation, and Ordered Accordingly.

This day Ralph Wormeley, Christopher Wormeley, Edward Hill,
& Edmund Jenings Esqrs Collectors and Navall Officers, (their Co¬
missions being removed on Occasion of Dutys on Liquors) took the

Executive Journals, Council of Colonial Virginia

335

usuall Oaths for the due Execution of the Offices of Collectors, and
Navall Officers, as Enjoyned by Act of Parliament.

At a Councill held at Coll° Edmund Jenings’s the 9th of Augst 1695

Present

His Excellency

Mr Secretary Wormeley Christopr Wormeley

Richard Lee Edward Hill

William Byrd Edmund Jenings Esqrs

Upon Consideration of the Prorogation of the Generali Assembly
to the 31 st of October next, It is the Opinion of the Councill that writts
issue as usuall, for their Meeting at the time to which prorogued, but
if no further Occasion requires their Meeting, then that the Assembly
be prorogued by Proclamation, to Some time in the Spring, for which
time Enough at the Meeting of the next Generali Court in October &
Ordered Accordingly.

Upon reading the petition of Francis Pope Setting forth that he is
concern’d in the Ketch Dolphine of Bristoll John Froman master now
rideing in the Wicocomico in the District of Potomeck which hath been
Laden Some time with tobacco, lyeth at great charge, and likely to be
Eaten by the wormes, Humbly prays that the Collector of the above-
said District in Potomeck May have liberty to clear the Said Ketch,
upon Consideration thereof, and that there is no Convoy nor Merchant
Ships in this Colony bound to Europe, Ordered that Christopher
Wormeley Esqr Collector of Potomeck do clear the Said Ketch Dolphin,
to proceed on her intended Voyage Accordingly.

At a Councill held at James City the 16th of October 1695.

Present

His Excellency

Mr Secretary Wormeley Christopr Wormeley

William Byrd Edward Hill

Edmond Jenings Esqrs

His Excellency was pleased this day to Nominate and Appoint
Coll0 Richard Johnson to be one of his Majesties Council in Virginia.

Severall of his Majesties Ships under the Conduct of Capt Thomas
Butler, Comadore, being Arrived from Jamaica, and now Rideing in
James River, and upon Application of the Comadore to his Excellency,
for the Assistance of the Goverment, to prevent the Seamen disserting
his Majesties Service, It is the Opinion of the Councill, that all Assist¬
ance the Goverment is Capable of, be given to the Comanders of the
Said Ships, and that his Excellency will be pleased to issue Proclama¬
tions, Comanding all persons, not to Harbour or Entertain any of the
Said Seamen, now in his Majesties Service and Ordered Accordingly

Upon Consideration that at present there is no matter of weight
or moment requiring the meeting of the Assembly the thirty first of
this Instant October, According to Prorogation, It is the Opinion of

336

Executive Journals, Council of Colonial Virginia

the Councill, that his Excellency be pleased by Proclamation, further
to prorogue the Said Assembly, untill the twenty third of Aprill, Next
Ensueing, by which time it may probably be expected, that Letters
may be received from Whitehall, And Ordered that proclamation’s doe
issue Accordingly.

His Excellency was pleased to propose in Councill, if they had
any thing further to offer for his Majesties Service, to which they an¬
swered they had nothing at present all being well.

At a Councill held at James City the 25th of October 1695.

Present

Mr Secretary Wormeley
William Byrd
John Lear

Christopher Wormeley

Edward Hill
Edmund Jenings
Daniel Parke
Richard Johnson Esqrs

Richard Johnson Esqr having taken the Oaths Appointed by Act
of Parliament, to be taken instead of the oaths of Allegiance and Su¬
premacy (Subscribed the test) and the oath of Councellour, and took
his place at the board Accordingly.

The Rector of the College of William and Mary in Virginia having
instead of the Comptroller) moved his Excellency to take the oaths of
the Severall Collectors to their respective Accounts of the penny per
pound, as Usuall, but refuseing to be under the obligation of an Oath,
himselfe, His Excellency was pleased to advise with the Councill,
whereupon it is their Opinion, that all Officers of the Customes, Ought
to be upon oath, but on this Occasion it being for the benefitt of the
College, he may please to take the Oaths, of the said Collectors to
their Accounts when they shall bring them to him, tho no Comptroller
at present.

Upon Consideration of the business of new york relateing to the
Quota of men to be sent for the Assistance of that Province against
the French and Indians, It is the Opinion of the Councill that the fur¬
ther Consideration thereof be referred to the Second Wednesday in
February next, at which time the Councill are Appointed to meet and
Ordered Accordingly.

Upon Consideration of the Necessity of Some way to be found for
the more Speedy and Safe Conveyance of Letters to and from the
Neighbouring Goverments and Maintaining a Correspondence with
the Same, It is the Opinion of the Councill, that it be taken into further
Consideration at the next Meeting of the Councill and that Mr Sec¬
retary Wormeley in the mean time receive any Proposalls, that they
may be Offered, and then report the Same and Ordered Accordingly.

His Excellency was pleased to propose in Councill, if they had
any thing further to offer for his Majesties Service to which they An¬
swered, they had nothing at present all being well.

Executive Journals, Council of Colonial Virginia

337

At a Councill held at James City the 4th day of Decemb' 1695

Present

His Excellency

Coll0 Edward Hill Coll0 Edmond Jenings

Coll° Daniel Parke Esqrs

The Councill being Appointed to meet this day and no more Ap¬
pearing Adjourn’d till tomorrow the fifth.

The 5th of December 1695
Present

His Excellency

Coll0 Edward Hill Coll° Edmund Jenings

Coll0 Daniell Parke Esqr8

No more of the Councill Appearing, twas not thought fitt to pro¬
ceed on any publick business, but it being Necessary His Excy was
pleased to Appoint Coll° Daniell Parke to Succeed Coll John Lear deed
in the place of Navall Officer and Collector in the Lower District of
James River, who having took the Oaths, Appointed by Act of Parlia¬
ment instead of the Oaths of allegiance and Supremacy (Subscribed
the test) and the oaths for the due Execution of the Said places.

At a Councill held at James City the 6th day of December 1695

Present

His Excellency

Coll° Christopher Wormeley Coll0 Daniell Parke

Coll0 Edmund Jenings Coll° Richard Johnson

Mr James Sherlock Clerk of the Councill having been ill and lame
in his hands, pray’d his Excellency, that he might have an Assistant,
and recommended Mr James Preston, who was thereupon admitted,
and took the Oaths Appointed by Act of Parliament, instead of the
oaths of allegiance and Supremacy (Subscribed the test) and the Oath
as Clerke of the Councill Extraordinary.

Upon Consideration of Vacant Lands to be taken up in Pamunkey
Neck and the South Side of black water and orders of Councill, re-
the Same, tis the Opinion of the Councill, that it is a matter
of great Import, and fitt to be referred to a fuller Councill, to be had
as soon as conveniently may be, which is Accordingly by his Excellency
Appointed to be on Wednesday next the Eleventh Instant, and Ordered
that Expresses be immediately dispatched to give Notice thereof to
the other Gentlemen of the Councill, now absent.

At the Councill Chamber at James City the 11th of Decembr 1695

Present

His Excellency
Coll0 Edward Hill

Adjourn’d till tomorrow.

338

Executive Journals, Council of Colonial Virginia

At a Councill held at James City the 12th of December 1695

Present

His Excellency

Coll° Christopr Wormeley Coll° Edmond Jenings

Coll0 Edward Hill Coll° Dan1 Parke

Coll° Richard Johnson

Upon Consideration and Debates relateing to Land in Pamunkey
Neck and the South Side of black water, adjourn’d till tomorrow at
ten oClock.

The 13th of December 1695.

Present

His Excellency

Coll° William Byrd Coll° Edmund Jenings

Coll0 Chr: Wormeley Coll0 Dan1 Parke

Coll Edward Hill Coll0 Richard Johnson

Upon Consideration of Vacant Lands to be taken up in Pamunkey
Neck and the South Side of black water, and orders of Councill re¬
straining the Same, tis the Opinion of the Councill, that it is for his
Majesties Service, the Said Lands may be taken up, as others, but
that Some time be allowed before the Same be done, & therefore that
all former restrictions doe Continue till the 20th day of Aprill Next,
and then be void, untill which time no Surveys be made, in the Said
places (Except for the College pursuant to his Majesties Royall Grant,
and orders therein) of which intimation to be given to the Rector of
the Said College and to the respective Surveyors concern’d & Ordered
Accordingly.

Ordered that the Indian Interpreters in Pamunkey Neck and on
the South Side of Black water, attend the Councill at James town on
Wednesday the 12th day of February next, with an Account what
Number of Indians there are, and what Lands they hold in those parts,
for further orders & c. relateing to the Said Indians, for which and in
regard of Some differences between the Surveyor3 for Surveying in
the Said places. Ordered that Such and all adjacent Surveyors'do&At-
tend the Councill at James town at the Same time, and that care be
taken for Glebes to be Ascertained, to the parishes not yett provided
in those parts.

On reading of a Letter from the Councill from the Councill at
new york to his Excellency, with a Copy of Propositions from the Ma-
qua’s desireing Assistance against the French and Indians, the further
Consideration of the Same is referred (as formerly) to the next meet¬
ing of the Councill, on Wednesday the twelfth day of February next

Upon Consideration of a Proposall from Mr Henry Cary for make-
ing a Platform for the great Gunns at yorke the Same is referred to
Coll” Edmund Jenings to make an Agreement with the Said Mr Cary
or any others by the Square to be done well and at the most reasonable

Executive Journals, Council of Colonial Virginia

339

rates, And to report the Same to the Councill on Wednesday the twelfth
day of February Next.

Upon Consideration of a proposall from George Harvey for make-
ing a Platform, for the great Gunns, at James towne, the Same is re¬
ferred to Coll° Daniel Parke, to make an Agreement with the Said
George Harvey, or any others by the Square, to be well done, and at
the most reasonable rates, and to report the Same to the Councill on
Wednesday the twelfth day of February next.

Upon Intimation to this Board, that Henry Ferrell under sheriff
of Princes Anne County being on Crow Island was there Violently
Seized on, and Carried thence into Carolina by Some person & per¬
sons pretending Authority from Carolina, Its Ordered that the .Sheriff
of Princess Anne Councy, doe forthwith Send an Account thereof to
the Secretaries office at James town, and if as Intimated, then by whom
and in what Manner, the Said Undersheriff was carried away, and of
the place, and all other Circumstances relateing thereunto, and that
the Said sheriff do Attend the Councill at James town on Wednesday
the twelfth day of February Next.

At a Councill held at James City the 13th February 1695 [1695-6]

Present

His Excellency

Coll Edmund Jenings
Coll° Dan1 Parke
Coll Richard Johnson

Coll° William Byrd
Coll° Chris: Wormeley
Coll Edward Hill

The Severall Surveyors of and adjacent to Pamunkey neck and
the South Side of blackwater Attending here this day According to
order, and produceing their Severall Comissions the Clerke of the
Councill is Ordered to take an abstract of the Same and it is the Opin¬
ion of the Councill that the Said Surveyo” do not make any Surveys
or receive any Entry’s of Lands in Pamunkey Neck and the South
Side of black water Untill further orders and Ordered Accordingly.

Nathaniell Mackclanahan by his petition Complains to His Ex¬
cellency that William Fullwood being indebted to him one hundred
pounds Sterling and the Said Fullwood haveing illegally departed this
Government the Said Mackclanahan caused the goods of the Said
Fullwood being in an Island called Crow Island Patented and held
Since the first Settlement in this Colony to be Attached by William
Fitz-Gerard under Sheriff of Princes Anne County but before the said
Sheriff departed of the Said Crow Island, one William Bray pretending
himselfe Marshall or Sheriff of North Carolina, came with Force and
Armes and rescued the goods attached Carried away the under Sheriff
and kept him in Custody untill he gave Security for his Appearance
at the next Generali Court held for Carolina, by means of which the
Said Macklenahan is in danger of loosing his debt, and prayed reliete
therein all which Appearing by testimonys at this Board, It is the
Opinion of the Council that reparation be demanded of the Governour,
Comander or Cheife Officer of North Carolina, for the abovesaid Vio¬
lence Comitted in this his Majties Colony of Virginia and restitution

340

Executive Journals, Council of Colonial Virginia

be made of the Said goods and the person of the Said William Bray with
those that Assisted him in the Said Violence be forthwith delivered to
the Sheriff in Princes Anne County to answer it and be proceeded
against According to Law.

Upon Information at this Board, that the Sherifffs] of Norfolke
and Princes Anne County’s have bin remiss in Collecting his Majesties
Quitrents and other publick dues particularly on the Northern part
of Corotuck Ordered that the Sheriffs of the Said County’s have Notice
thereof that they may be more Carefull in discharging their Duty’s in
Collecting his Majesties Quit rents and other publick dues within their
Baylywicks and that the Said Sheriffs Attend the Councill at James
town the first day of the next Generali Court to answer what may be
alleiged against them for their default therein.

Mr Cope Doyly Clerke Minister of Denbigh parish in Warwick
County having by his petition Complained of his being Shutt out of
the Church by Mr William Rascow one of the Churchwardens and
William Lamb-mott late Clerke of the Said parish, It was Ordered that
the Said Mr Rascow and Lamb-mott Should Appear to answer the
Same at this Board and in the meane time the Church doores to be
Opened for Mr Doyly to perform Divine Service as usuall and Mr
Rascow having Appeared and put in an answer, and further time given
for a hearing and being this day fully heard nothing Materiall Appear¬
ing against Mr Doyly but on the Contrary his good Comport in his
Ministry and life for a above Seven yeares past in that parish this
Board doth therefore recommend the Said Mr Cope Doyley to the
Vestry for their further Consideration, and his Continuance as Min¬
ister in the Said parish.

It being represented to this board that there are Severall unlawfull
Marriages made in this Country Ordered that Mr Attorney Generali
do make Enquirry after and prosecute the persons Concerned therein
According to Law.

His Excellency was pleased to Comunicate to this Board a Letter
from Ralph Wormeley Esqr Collector of Rappahanock River that
Capt. Carleton master of the Ship oake of Leverpoole desired he might
be Cleared, and there being a former Order of this Board restraining
any Ships or Vessells to go for Europe Except in Fleets or Under Con¬
voy, It is the Opinion of the Councill that pursuant thereunto no Ship
or Vessel be permitted to go for Europe and Ordered Accordingly.

Upon Consideration of the business of new yorke relateing to the
Quota of men to be Sent for the Assistance of that Province against
the French and Indians, It is the opinion of the Councill that the raise-
ing of the Said men be deferred untill the next Meeting of the Councill
by reason of the difficulties and charge in keeping the Same untill they
be Sent.

His Excellency was pleased to remind the Councill of Some way
to be found out for the more Safe & Speedy Conveyance of Letters
from this Colony to the Neighbouring Goverments, It is the Opinion
of the Councill that Mr Secretary Wormeley be desired (as formerly)
for any persons that will undertake the Same, and to make an agree¬
ment with them, and to Report to this Board at their next Meeting
what he has done therein.

Executive Journals, Council of Colonial Virginia

341

Upon Intimation at this Board that Capt Harry Beverley Co-
mander of the Sloope Gawin and Catherine Imployed in his Majesties
Service for the preventing illegall traders in this Goverment has Mis¬
behaved himselfe in discharging Severall Ships Illegally particularly the
Society Thomas Ely master and the Jane William Thornton master and
wounding the Mate of the Said Ship in the Shoulder, and that the Said
Capt Beverley has been Negligent in the discharge of his Duty in the
Said Station by remaining a long time with the Said Sloope in Port,
Ordered that the said Capt Harry Beverley be Sent for, and answer
the Same at the Next Councill.

February 14th 1695 [1695-6]

Present

His Excellency

Coll° William Byrd Coll° Edmund Jenings

Coll° Christop1 Wormeley Coll Dan1 Parke

Coll Edward Hill * Coll0 Richard Johnson

This day his Excellency was pleased to Nominate Coll0 Charles
Scarburgh to be one of his Majesties Councill of State in Virginia

His Excellency desired of the Gentlemen of the Councill if they
had any thing to propose for his Majesties Service and then were dis-
mist.

At a Councill held at James City the 2d of -larch 1695 [1695-6]

Present

His Excellency

Coll Edmond Jenings Coll° Daniell Parke

Coll° Charles Scarburgh

Coll Charles Scarburgh took the Oaths Appointed by Act of Par¬
liament instead of the oaths of allegiance and Supremacy (Subscribed
the Test) and the Oath of a Councillour and took his place at the
Board Accordingly.

His Excellency was pleased to Comunicate to this Board a Letter
from Tho las Harvey Esqr Deputy Governour of North Carolina that
he had received his Excellency’s Letter Containing P lacklenahan’s
Complaint against Villia i Bray Deputy larshall in Corrotuck,
within that Goverment, and being altogether Ignorant of the whole
matter, had Comunicated his Excellency’s Letter to the Palatine Court
and that order was given for William Bray s Appearance with all pos¬
sible Speed, that being informed of the whole Matter, he might be
Capable of giveing his Excellency a Satisfactory answer the further
consideration of the Said Matter is deferred till an answer is received
and that in the Meane time the sheriffs of Nansemond Norfolke and
Princes Anne County’s to be Carefull in Collecting his Majesties Quit-
rents and other publick dues to Ascertain their bounds and that they
be not Incroached upon in their Severall Balywicks, and Ordered Ac¬
cordingly.

342

Executive Journals, Council of Colonial Virginia

Upon Information at this Board, that the Roads Leading to North
Carolina are very much decayed and out of repair, particularly Johana-
kins Bridge upon the South branch of Nansimond Ordered that Notice
be given thereof to Nansimond Court, that they do take care, that the
Surveyors of the highways in the Said County do forthwith Cause the
Said Roads and Bridge to be Sufficiently Amended and kept in repair.

His Excellency Acquainted the Gentlemen of the Councill with a
Letter from Coll° Beall in Mary Land that his Excellency would un¬
derstand by Depositions inclosed in the Said Letter that an Indian
Sent down therewith belonged to him, but that the Governour of
Mary Land being given to LJnderstand that the Said Indian had Co-
mitted Severall Crimes, in this Goverment and that he had fled for
the Same, thought fitt to remitt him back hither to be proceeded
against as the Nature of his Crymes required, which Said Indian having
been Comitted by a Justice of James City County Goal, and nothing
Appearing Capitall against him in the Said County Court, It is the
Opinion of the Councill that the Said Indian Continue in Custody of
the Sheriff of James City County, untill the next Generali Court, to
the end that if any person in this Goverment do charge him with any
other Crymes he may then answer the Same & Ordered Accordingly

At a Councill held at James City the 16th day of Aprill 1696

Present

His Excellency

Mr Secretary Wormeley Edward Hill

William Byrd Edmond Jenings

Christop1 Wormeley Dan1 Parke

Richard Johnson Esqr

Upon Consideration of the Continued blessings of almighty God,
in the preservation of his Majesties person and Success of his Armes &
the Continued peace and tranquility of this his Majesties Colony &
Dominion of Virginia Ordered by advice in Councill that Sunday next
be Appointed for James City and the parts adjacent & Sunday the
third of may thro out the whole Dominion a day of thanksgiving to
almighty God for his great blessings and Mercys and to pray for the
Continuance of the Same and that Mr Attorney Generali do prepare
proclamactions for the Same Accordingly.

The Consideration of the Assistance of New Yorke is referred till
Monday Morning.

Capt Harry Beverley Attending this Board Pursuant to an order
of Councill of the 13th of February past, upon Intimation of Misbe¬
having himselfe in his Office as Comandr of the Sloop Gawin and Kath¬
erine in his Majesties Service, Ordered that he give in his answer in
writeing.

Executive Journals, Council of Colonial Virginia

343

Aprill 22 d 1696

Present

His Excellency

Mr Secretary Wormeley
Richard Lee
William Byrd
Christo: Wormeley

Edward Hill
Edmund Jenings
Dan1 Parke
Richard Johnson

Charles Scarburgh Esq1

r s

Upon the Motion of the trustees of the College of William & Mary
in Virginia that the Restraints laid upon the Lands in Pamunkey
Neck and the South Side of blackwater Swamp be Continued for some
longer time (the Land given to the College not yett taken up) Ordered
that the Said restraints be Continued to the 20th day of October Next,
and that the Severall Surveyors have Notice thereof, that no Surveys
be made nor Entrys received for Land on the above said Pamunkey
Neck and the South Side of black water Swamp, till further orders.

Aprill ye 24th 1696

Present

His Excellency
y Edward Hill

Edmund Jenings
Dan1 Parke
Richard Johnson
Charles Scarburgh Esqr8

Mr Secretary Wormeley
Richard Lee
William Byrd
Christop: Wormeley

Upon further Consideration of the Quota of two hundred & forty
men demanded by the Governour of new yorke pursuant to her late
Majesties Comands to be Sent out of the Militia of this his Majesties
Colony for the defence and Security of his Majesties Said Province of
new yorke being Severall times referred It is the Opinion of the Coun-
cill (the time now Approaching) that the Said Quota be provided and
dispatched Accordingly and to be detached by the respective Comand”
in Cheife of the Severall Countys proportionable to the Number of
titheables and Militia and that the best and Speediest way will be to
Send them by Sea and Ordered Accordingly.

Mr Secretay Wormeley Richard Lee Esqr & Coll° Charles Scar-
burgh dissent from the Order of Sending men for the Assistance of

new yorke. _ r .

Upon Consideration of the difficulty of finding money tor the
defraying the charge of the Quota of men to be Sent to new yorke as
Ordered, the Revenue being much in debt His Excellency declareth that
he doth lend a thousand pounds in the hands of Mr Auditor Byrd and
would more if Occasion for his Majesties Said Service ,And it is Ord¬
ered that Mr Auditor Byrd to [do] provide provisions and other Neces¬
sary’s for the transporting the Said men to new yorke Accordingly.

344

Executive Journals, Council of Colonial Virginia

Aprill 28th 1696

Present

His Excellency

Mr Secretary Wormeley
Richard Lee
William Byrd
Christopr Wormeley

Edward Hill
Edmund Jenings
Dan1 Parke
Richard Johnson

Charles Scarburgh Esq

r s

Upon Information of Edward Ross Gunner of the Fort at James
City that there wanted Some Small Gunns for Salutes, the great
Gunns wasting to much powder and that there were Six Small Iron
Gunns in towne to be disposed of fit for that use, It is the Opinion of
the Councill and Ordered that Mr Auditor Byrd do buy the Said Gunns
for his Majesties Service

Upon reading the answer of Capt Harry Beverley pursuant to an
Order of Councill of the 16th Instant upon Intimation of Misbehaving
himselfe in his Office as Comandr of the Sloope Gawen and Catherine
in his Majesties Service (to prevent illegall traders) and particularly
in discharging the Ship Society Thomas Eley master and the Jane
William Thornton master wherein he Craves leave to Acquaint his
Excellency & Councill that he hath not Misbehaved himselfe as Co-
mader of the Said Sloope but Endeavored to discharge the trust re¬
pos’d in him with all dilligence and faithfullness and as to the above-
said Ships the Collector of Rappahanock Acquaints the Board that
the Said Ships were onely brought to him and not being found faulty
dismist and nothing Appearing against him the said Beverley is dis-
mist from further Attendance.

May 1 et 1696.
Present

His Excellency

Mr Secretary Wormeley
Richard Lee
William Byrd
Christo: Wormeley

Edmund Jenings
Dan1 Parke
Richard Johnson
Cha: Scarburgh Esqrs

Upon Information in Councill that the Governor of new yorke has
not demanded the Quota of men from other Neighbouring Colony’s at
this time, but had money in Compensation of men demanded Sooner
to be Supplied if Occasion at new yorke, It is the Opinion and advice
of the Councill that the Sending the Said Quota of men dispatching be
deferred, and Ordered that a thousand pounds new yorke money be
by Mr Auditor Byrd transmitted to the Governour of new yorke for
the Levying of men there for his Majesties Said Service to be paid out
of the Revenue of two Shillings a hogshead and Port Dutys towards
which hope his Majesties favour for the five hundred pounds given by
the Assembly here to be Appropriated for it

Upon Representation to this board by the Collectors of the Sev-

Executive Journals, Council of Colonial Virginia

345

erall Rivers and Districts within this his Majesties Colony of Virginia
that there were Severall Ships within their respective rivers and near
ready to Sayle, (being about thirty) and that the masters of the Said
Ships were verry urgent to be Cleared for England, On Consideration
whereof Ordered that all Such Ships & Vessells as shall be cleared by
the 23 d of this Instant May, and Meet at Point Comfort to make up
a fleet and ready to Sayle by the 30th be then permitted to Sayle Ac¬
cordingly and that the Audit be on the 26th Instant and the Councill
to meet at the Same time.

Upon Information and Complaint to this Board that Christopher
Marchant an Inhabitant of Princes Anne County hath and doth take
upon him to Execute the Office of Colector within the Said County
of Princes Anne without any known Authority for his So doing It is
Ordered that the Sheriff of the abovesaid Princes Anne County do
forthwith take into his Custody the body of the Said Christopher
Marchant and him Safely Convey to James town by the 26th of this
Instant may, to Appear before his Excellency and Councill to answer
what shall be alleiged against him on that behalfe.

Capt Harry Beverley presenting to this Board an Account of
Charges for Sayling Wages and provisions & c for the Slpope Gawin
and Catherine in his Majesties Service and praying to be paid the Same,
Ordered that Warrants be drawn for the payment of four hundred and
fifty pounds to the Said Beverley.

His Excellency was pleased this day to Appoint Sheriffs for the
Severall County’s within this his Majesties Colony of Virginia.

His Excellency was pleased to Appoint Mr William Carter to be
Added to the Comission of the peace in Accomack County and Mr
Jeremiah Jadwin and Mr Samuel Thompson for Westmorland County.

At a Councill held at Coll° Edmond Jenings’s ye 18th of may 1696.

Present

His Excellency

Edward Hill
Edmond Jenings
Dan1 Parke Esqr8

Mr Secretary Wormeley
William Byrd
Christopr Wormeley

His Excellency was pleased to lay before the Board a Letter from
the Lords of his Majesties most Honoble Privy Councill of the 20th
of March 1695 Signifieing to his Excellency that it haveing pleased
almighty God to Extend his Mercy to his Majesties Kingdoms by the
Continued Instances of his Divine Protection Signally Manifested by
the happy discovery of a traitorous & Wicked design against the life
of his most Sacred Majestie by Assassination and the Subdueing of his
Kingdomes by the French, that Such a wonderfull deliverance may be
made known 'to all his Majesties good Subjects (which hath already
bin Signified by his Excellency to all parts of the Goverment) It is
Ordered that Tuesday the Second of June be Appointed and Sett apart
a day of Publick Thanksgiving and praise to almighty God thro: this
his Majesties Colony and Dominion for the happy deliverance of his
Majestie from the Vilinouse Conspiracy against his Sacred person and

346

Executive Journals, Council of Colonial Virginia

Intended Invasion and that Mr Secretary Wormeley do forthwith
prepare Proclamations to Signifie the Same Accordingly.

Whereas the Second of June is Appointed a day of publick thanks¬
giving to almighty God for the happy deliverance of his Majestie from
the Vilinouse Conspiracy against his Sacred person and Intended In¬
vasion, His Excellency was pleased to Acquaint the Councill that he
would issue his orders to the Comanders in Cheife of the Severall
County’s within this his Majesties Dominion of Virginia, to have all
the Militia order their respective Comands to Appear in Arms on the
Second of June at Such place or places as they Shall think fitt within
their respective County’s for the Solemniseing the Same in hearing
Divine Service and other Suitable demonstrations upon So Extraord¬
inary an Occasion.

Upon the Consideration of the happy news Signified to his Ex¬
cellency from the Lords of his Majesties Most Honoble Privy Councill
of the preservation of his Majestie from the traiterouse Conspiracy
against his Sacred person by Assassination It is the Opinion and Advice
of the Councill that an Address be prepared to Congratulate his Ma¬
jesty’s deliverance from the Said Vilinouse Conspiracy to be Signed
by his Excellency and Councill, and that Mr Secretary Wormeley doe
forthwith prepare the Same Accordingly

It is the Opinion and advice of this board that an Association be
drawn up in order to be Signed by his Excellency and the Councill
wherein it Shall be Exprest, that his Majesty King William is Right-
full and Lawfull King of these Realm’s and that they will defend his
Majesty and his Goverment against the late King James and all his
Adherents, Ordered that Mr Secretary Wormeley do forthwith prepare
the Same Accordingly.

His Excellency and the Councill haveing Signed an humble Ad¬
dress to his Majestie and Entered into an Association for the defence
of his Sacred person and Goverment the Councill pray his Excellency
that he would be pleased to favour them in having the Said Address
and Association presented to his Majestie.

His Excellency caused his Majesties Letter of the Second of Janry
1695-6 to be read in Councill wherein his Majtie requires and directs
the five hundred pounds given by the Assembly to be raised by Impost
of a groat a Gallon on Liquors, to be Appropriated towards the As¬
sistance of new yorke, and is pleased to declare that it Shall be instead
of the Quota or other Assistance to be given towards the defence of the
Province of new yorke till further Orders therein.

Whereas Capt John Jackson Comander in the Smirna Merchant,
and Capt John Tucke in the Tigger are Sent to Convoy the Severall
Ships and Vessells within this his Majesties Colony and Dominion of
Virginia belonging to Bristoll, Barnstable, Bideford, Whitehaven & c
It is Ordered that the Severall Collectors do give all furtherance and
dispatch to the said Ships and Vessells within their respective Districts
and that they take care they Clear and Meet at Point Comfort to
Sayle with the Convoy’s Accordingly, and that the Audit be on the
10th of June and the Councill to meet at the Same time.

Executive Journals , Council of Colonial Virginia

347

At a Councill held at James City the 11th June 1696

Present

His Excellency

Mr Secretary Wormeley
William Byrd
Christopr Wormeley
Edward Hill

Edmund Jenings
Dan1 Parke
Richard Johnson
Charles Scarburgh Esqr“

Upon the Complaint of Capt George Mason Deputy Comandr
and cheife Officer of the Militia in Potomeck that Capt John Battaile
Sheriff of Essex County refused to forward an Express Sent to his Ex¬
cellency on Occasion of a man killed by Indians upon Potomeck river
and Ralph Whiteing Ferryman refused to Set over the river Edward
Challis Sent Express by his Excellency for his Majt,es Service that way,
Ordered that the Said Capt John Battaile and Ralph Whiteing have
Notice to answer the Same before the Governour and Councill at the
next Meeting of the Councill

His Excy Acquainted the Councill that he had received from Mr
President Blair a List of the Severall Surveyo”, which his Excellency
layd before the Councill

June ye 13th 1696

Present

His Excellency

Edmund Jenings
Dan1 Parke
Richard Johnson
Char: Scarburgh Esqrs

Mr Secretary Wormeley
William Byrd
Christopr Wormeley
Edward Hill

Upon the representation of Capt Harry Beverley Comandr of the
Sloope Gawin and Catherine in his Majesties Service, Acquainting
his Excellency that the Said Sloop was not Capable of further Service,
which being made Appear in Councill, It is the Opinion and Advice of
the Councill that the Sloop Gawin and Catherine be delivered to Mr
Corbyn Owner thereof by the 18th of this Instant June and that the
Sloop and men be then paid off and discharged from his Majesties
Service and Ordered Accordingly.

Whereas the hyred Sloop Gawin and Catherine being found In¬
capable of further Service His Excellency was pleased to direct the
Severall Collecto” to inquire for a Sloop or other fitt Vessell to be
hyred for his Majesties Service, in the room of the Sloope Gawin and
Catherine.

His Excellency was pleased to direct and Order the Severall Col¬
lectors to bring in a List of the fees belonging to their Office to the
Next Councill.

348

Executive Journals, Council of Colonial Virginia

June ye 15th 1696
Present

Mr Secretary Wormeley
William Byrd
Christopr Wormeley
Edward Hill

His Excellency

Edmund Jenings
Dan1 Parke
Richard Johnson
Char: Scarburgh Esqrs

Upon advice in Councill, Ordered that a Proclamation be Issued
requireing the respective Sheriffs within his Majesties Colony and Do¬
minion of Virginia to publish his Majesties Proclamation of the 23d
of February for the Apprehending the Conspirators Against his Sacred
person in all the County Courts Churches Chappells in this his Ma¬
jesty’s Said Colony and Dominion and if any of them be taken to give
Immediate Notice thereof to his Excellency and Councill.

Mr Secretary Wormeley Acquainting his Excellency that being
disabled thro the frequent Affliction of the Gout to attend his Majes¬
ties Service as his Duty may require, prays his Excellency that he may
have a Deputy and Nominates Edmund Jenings Esqr who being Ap¬
proved of by his Excellency did take t he Oaths Appointed by Act of
Parliament to be taken instead of the oaths of allegiance & Supremacy
(Subscribed the test) and the Oath for the trust and was Admitted
Accordingly.

The following Warrants Upon the Establishment being brought
to this Board his Excellency was pleased to Sign, Severall other
persons Applying for money due for publick Services were allowed, all
of which to be paid out of his Majties Revenue of two shillings a hogs¬
head and Port Duty’s

Four Warrants for his Excys Salary _ _

Warrant for one years house rent . . . .

Warr4 to Capt Harry Beverley for Sloop hire Victualling
& Mens Wages on board the Sloop Gawin & Cath¬
erine in his Majesties Service _ _

Warr4 for the Governor of new yorke for the remaining
part of a thousand pounds Current money of New •
Yorke 500u Sterl whereof being paid out of the

Groat a Gallon . . . .

Warr4 for Mr Sherlock for tarr for the use of the Plat¬
form at James City and Several Messingers Sent to ■

Carolina and remote parts of the Goverment . .

Warr4 for one years Salary to the Gent of the Councill _

Warr4 for Mr Sherlock for one yeares Salary .

Warr4 for Capt Randolph for one yeares Salary .

Warr4 for James Sherlock for So much paid the Severall )
Ministers who have Attended at James City twoi

Generali Courts and an Assembly. . . . ]

Warrant for the Sollicitor for one years Salary . .

Warrant for the Gunner of James City for one years Salary
Warr4 for the Gunner of Yorke Fort for one years Salary

li

2000

150

450

269-4-7

25-15-0

350-0-0

50-0-0

40

15

100

15

10

Executive Journals, Council of Colonial Virginia

349

Warr* for the Gunner of Rapp a for one years Salary .

Warr* for John Chiles his Majties Messinger one years!

Salary . . . . j

Warr* for Cap* Harry Beverley for Sloop Hyre Victual- ]
ling mens wages on board the Sloop Gawin & Cath- >

erine.. . I

Warr1 to James Sherlock for So much paid by him for 6[
Iron Gunns for the use of the Fort at James City.... f
Warr* for Mr Secretary Wormeley for So much paid Sev-|
erall Messingers to Carolina & remote parts of the!

Goverment.... . . 1

Warr* for James Bingley for Express to new yorke about\

the Quota of men Appointed by his Majtie . j

Warr* for Edward Ross for Carrying his Majesties Pac-]
quets to Mary Land Pensalvenia the Jerseys and}'

new yorke.... . ]

Warr* to Capt Thomas Ballard for tarr timber and trans- ]
port of 8 Carriages over york River for the use of[

the Fort . . . . . . . . . j

A true Copy E. Jenings Depty

5

25

119-13-4

38

29-12-0

12-0-0

20-0-0

10-0-0

Secry

Virginia fs

At a Councill held at James City Tuesday ye 11th of August 1696.

Present

His Excellency Sr Edmd Andres Kn*
his Ma8 Lieu* & Govern1, Gener11 & c
Wm Byrd Edwd Hill

Edmd Jenings Esqr9

His Excellency laid before this Board an Address of the Clergy at
their Generali meeting ye 25th of June 1696. which being read is re-
ferr’d for further consideration.

His Exoy laid before this Board a Letter from the Comissr8 of
his Ma3 Customes dated ye 9th of Janry last and Instructions for pre¬
vention of illegall traders, and orders he had prepared thereupon to
put ye same in execution, desiring advice therein The Councill are of
Opinion nothing can be further done.

His Excy acquainting this Board that ye ship Resolution of Bris-
toll taken by ye French returning from Jamaica, and in their sending
her for France being distressed at sea put in here, and came ashore in
order to Surrender themselves, of which Cap* Halbart in his Ma8 ship
ye S* Albans Prize then took possession: Ordered that Mr Attorney
Generali take ye same into his consideration, and report his opinion
what to be done therein relating to his Ma8 or the Owners.

His Excy acquainting this Board that his Ma8 [Majesty] has been
pleased to send Stores of Amunition and provisions of Warr for ye
support and defence of this Colony, which stores now arrived in the
Perry and are as by his Ma8 Letters & account of ye said Stores, It

350

Executive Journals, Council of Colonial Virginia

is ye Opinion of ye Councill that they are best lodged in his Ma8 Maga¬
zine In James City, and that Edward Ross ye Gunner receive ye same
into his custody, & secure them accordingly.

Wednesday 12th of August 1696
Present

His Excellency

Wm Byrd Edmd Jenings

Edwd Hill Rich Johnson

Cha8 Scarburgh Esqrs

Mr James Sherlock Clk of ye Councill being weak and indisposed,
and thereby render’d incapable of executing his said Office prayes As¬
sistance & Mr Robert Beverley being proposed for that service he is
admitted and sworn Clk of ye Councill Extraordinary, having first
taken ye oaths prescribed by Law and Subscribed ye Test.

His Excellency Acquainting this Board that having received ad¬
vice by Letters of Mr Comisy Blairs being restored to ye Councill, had
sent Mr James Sherlock to acquaint him of the meeting of ye Councill
who made return that having been sick he could not yet venture
abroad.

The Clergys Address being taken into consideration and Mr Com-
issry Blair not being well, to ye end there may be nothing wanting for
y e Service of ye Church or Clergy, it is therefore referred till another
time when he may be present.

His Excellency laid before ye Councill a Letter from ye Lords of
his Ma3 most Honble Privy Councill dated ye 20th of Aprill last, no¬
tifying preparations of the French in order to make an Attempt upon
some parts of America, of which he had already given notice to all
parts of this Government, & order’d the Militia to be in a readiness,
It is ye opinion of ye Councill thereupon that proclamations do also
issue publishing his Ma8 gracious favor and to excite the inhabitants
of this Colony to a readiness and posture of making a Vigorous de¬
fence, and order’d accordingly.

His Excellency laid before this Board a Letter from the Lords of
his Ma8 most Honble Privy Councill of ye 13th of February last re¬
lating to ye Act in Scotland for erecting a Company trading to Affrica
& ye Indies, and to observe ye directions therein given by Comiss18 of
his Maties Customes, and a Letter from ye said Comissionr8 of ye same
date concerning ye plantation Trade, and to prevent ye ill consequences
which may arise by reason of ye said Act; Which being sent to ye
severall Collector8 Ordered that they be enter’d upon ye Councill
books, and care taken that they be duely observed in all parts of ye
Government.

His Excy laid before this board a Letter from y° Lords of his Ma8
most Honble Privy Councill of ye 15th of Aprill last notifying an act
of Parliament for preventing Frauds and regulating abuses in ye plan¬
tation Trade, together with a Copy of ye said Act comanding the pub¬
lication and due observance thereof, Ordered that proclamations issue

Executive Journals, Council of Colonial Virginia

351

for publishing ye sd Act, & that copies thereof be sent with ye said
proclamations.

His Excellency laying before this Board his Mas gracious order
of ye first of May 1695 for charging & allowing upon ye account of
Quitrents 763 lbs. :03:03j4 to discharge so much debt upon his Mas
Revenue of 2s per hhd in ye year 1693, for assistance to New York,
Fortifications, & other extraordinary charges of ye Government, &
his Mas order for payment of 655 lbs.:13:01 out of his Mas Revenue of
Quit rents for Stores and provisions of warr sent into this Country
Ordered that Warrants be prepared accordingly.

Mr John Batemans account of 31 lbs. :10 :00 for fees & charges on
ye Stores and provisions of warr sent into this Colony is allowed, and
ordered to be enter’d upon ye Councill Books, and warrants to be
prepared for ye same.

Upon consideration of ye meeting of ye Assembly according to
prorogation, It is in ye Opinion & advice of ye Councill that ye said
Assembly be dissolved by proclamation, and that New writts issue for
convening another Assembly on ye 24th of September next.

Thursday 13th August
Present

His Excellency

Richd Lee Dan1 Park

Wm Byrd Rich Johnson

Edwd Hill Cha Scarburg Esqrs

Edmd Jenings

Pursuant to an order of Councill of ye 11th Instant Mr Attorney
Gen11 having considered the case of ye ship Resolution late of Bristoll
reports that he finds her to be a ship taken from the English by ye
French, and being distressed at Sea put in here under ye Comand of
Capt Jn° Legoux who came ashore in order to Surrender, & that none
appears here to claim her, and whereas for saving ye said Ship from ye
worm and better securing ye effects, his Excellency hath given orders
to Cap* Halbart in his Mas ship ye S* Albans Prize for sending her up
into ye Freshes Ordered that M Auditor Byrd take ye said ship & her
loading into his Custody, & safely secure ye same by Landing or other¬
wise as to him shall seem meet, for his Ma8 service and ye interest of
those who shall have any just claim to her, untill further order.

His Excellency being inform’d that notwithstanding his Ma8
gracious grant to ye College of ten thousand acres of Land in Pamunkey
neck, and ten thousand acres of Land at Blackwater, & ye severall re¬
strictions continued from time to time upon the said Land, some per¬
sons have obtain’d patents for Land in ye said places before the said
College Land laid out to ye prejudice of his Ma8 said grant; Ordered
that Mr Attorney Gen11 make inquiry into the premises, and due pro¬
cess against any such patents.

352

Executive Journals, Council of Colonial Virginia

At a Councill held at Coll Jenings ye 29th of August 1696.

Present

His Excellency S Edmd Andros kn1 Govr & c
Ralph Wormeley Esqr Sec Edmund Jenings Esq”

Christopher Wormeley

This Board being inform’d that severall sailers belonging to. his
MaB service in his ships of Warr, now at Tindalls point in \ ork River
under ye comand of Cap1 Charles Wager Comandr of his Mas Ship ye
Greenwich & Comodore of ye sd squadron do absent themselves from
his Mas Service and ye said Ships; Ordered that proclamations issue
requiring their imediate return, and to prohibit ye entertainment or
concealment of any of them, & to apprehend susch as shall be found
delinquent, & convey them from constable to Constable to the said

Comadore. ...

His Excellency acquainting this Board that y8 ship Resolution
in James River, is brought to ye Freshes and Survey’d, & moving how
she should be tryed, Ordered that ye same be referr d to ye next Coun¬
cill, ye 22th of September next to be consider’d of in fuller Councill, &
in ye meantime to continue in ye charge & care of Mr Auditor Byrd.

At a Councill held at James City Thursday ye 24th of September 1696.

Present

His Excellency

Mr Secry Wormeley Chr Wormeley

Mr Audr Byrd " Edmd Jenings Esq”

There being so few of ye Councill mett ye Clergy’s address is
referr’d till tomorrow morning

Friday 25th of Septembr
Present

His Excellency

Mr Secretary Wormeley Edmd Jenings Esqr

Mr Auditor Byrd James Blair Comry

Chr Wormeley Esq” Dan1 Park Esqr

Mr Commissry Blair producing his Ma8 Letter to his Excellency
of ye 13th of Novembr last taking of his suspension from being one of
his Ma8 Councill for this Colony & restoring him thereto, took his
place accordingly.

Mr John Lightfoot producing his Ma8 Lere directed to the Gov¬
ern1' and Councill of ye 11th of Septembr 1695, for swearing him one of
his Ma8 Councill for this Colony. It is ye unanimous opinion of ye
Councill that by Reason of ye said Lightfoots Generali ill reputation
& known misbehavior it is not for his Ma8 service that he be now Sworn.

The Clergys address to his Excellency being read is referred to be
further consider’d of to morrow.

Executive Journals, Council of Colonial Virginia

353

His Excellency desiring ye opinion & advice of ye Councill what
they think proper or necessary to be recomended to ye House of Bur¬
gesses, & perticularly relating to ye Clergy and College, and shewing
them what occur’d to him, It is ye Opinion of ye Councill that there
is nothing necessary more than his Excellency had set Down & that it
was best done in Generali terms.

Mr James Sherlock late Clk of ye Generali Assembly being in¬
disposed and Lame in his hands Robert Beverley Clk Extraordinary
of ye Councill is appointed to attend as Clk of ye Generali Assembly
and accordingly sworn.

Saturday 26th of September
Present

His Excellency

Mr Secret1 y Wormeley Edmund Jenings Esqr

Mr Audit1 Byrd Mr Comissry Blair

Christopr Wormeley Esq” Dan1 Park Esqr

His Ma8 Letter for swearing Mr John Lightfoot one of his Ma8
Councill for this Colony was again consider’d and ye said Lightfoot
heard therein and Referr’d for further consideration.

The Address of ye Clergy being again taken into consideration,
and it being moved whether ye same should be laid before ye House of
Burgesses It is ye opinion of ye Councill its not proper at this time,
and ye said Address referred for further consideration.

Monday ye 28th of Septembr
Present

His Excellenoy

Ralph Wormeley Sec: Edmd Jenings Esqr

William Byrd Audr James Blair Comry

Christopher Wormeley Esq” Dan1 Park Esqr

The House of Burgesses having addressd his Excy for a messenger
to attend that House, His Excy was pleased to Comissionate Mr John
Chiles thereto, who was sworn accordingly.

Thursday ye 1st of October
Present

Ralph Wormeley Sec
William Byrd Audr
Christoph1, Wormeley

His Excell cy

Edward Hill
Edmd Jenings
Dan1 Park Esq”

Upon consideration by what Jurisdiction & how the Jamaica
ships and loading lately taken by the French and brought into this
Colony Viz*, ye Resolution in James River put into ye Custody of Mr
Auditor Byrd, and the Ruth and Mary in York River brought in &

354

Executive Journals, Council of Colonial Virginia

Surrendred by Comodore Wager to Edmund Jenings Esqr Naval Offi¬
cer and Collector in ye said York River, & comitted to his care and
cahrge by his Excellcy are to be brought to tryal, or what to be done
therein, ordered that she continue in ye said Jening’s charge, And that
ye Clark of ye Councill deliver all ye papers relating to ye said Ships,
to Mr Attorney Generali and that he consider ye same, and make re¬
port to ye Councill of his Opinion therein.

Whereas ye Sloop formerly imploy’d in this Government for pre¬
vention and Discovery of illegal traders being found unfitt for that
Service was laid by, and recomended to Mr Auditor & ye Severall
Collecto18 to find another to be immediately imploy’d, and*Mr Joshua
Broadbent now offering himself and Sloop, It is referr’d to Mr Auditor
to agree with him for ye said Service.

Thursday ye 8th of October
Present
His Excell cy

William Byrd Edmd Jenings Esqr

Christopr Wormeley James Blair Comry

Edward Hill Esqrs Dan1 Park Esqr

The Address of ye Clergy at their Generali meeting ye 25th of
June last was further consider’d, and for that ye Assembly may be
now debating something relating thereto, It is referred for further
consideration.

His Excel cy laying before ye Councill a table of Naval Officers
and Collectors fees given in by the Severall naval Officers and Col-
lectors, desiring ye Councills consideration thereof, Order’d that it ly
upon ye table for further consideration.

Mr Auditor Byrd having reported his agreement with Capt Joshua
Broadbent, to cruise and look out for Scotch and other illegall traders,
who being in hopes of greatr advantages thereby was content with
eighteen pounds per month for himself Sloop & men and providing
them, Ordered that a Comission be prepared for his Excye signing ac¬
cordingly.

Fryday ye 9th of October
Present

His Excellency

William Byrd Edmd Jenings Esqr

Christop1 Wormeley Ja: Blair Comry

Edward Hill Esqr8 Dan1 Park Esqr

Mr Attorney Generali according to order of Councill of ye 18‘
Instant concerning ye Ships Resolution, & Ruth & Mary, having made
his Report Viz1, In obedience to yor Excellency & Councills Comands
I have duely weighed and consider’d as to ye tryal of ye ship Ruth &
Mary and ye Ship Resolution & do find Viz1 first that ye Ship Ruth
and Mary was by ye Comodore found at Anchor of Corotuck and by

355

Executive Journals, Council of Colonial Virginia

him brought in and Surrender’d to your Excy (2d) And as to yc Ship
Resolution, I conceive she was driven into this Government by Stress
of weather and by ye French voluntarily surrendred into Yo Excel-
lencys hands, both which Ships being so brought in and Surrendred,

I humbly conceive ought to have a tryal, that ye Owners or some per¬
sons in their behalfe (if any such) and others concern’d may appear
and make their claims; And whereas ye Laws and Acts of Parliament,
perticularly that made in ye 4 & 5 year of William and Mary Entituled
an Act for continueing ye Acts of Prohibiting all Trade with France
and for incouragenff of privateers, doth direct that all. such matters
should be determinable by ye admiralty as relates to prizes receptions
and ye Like; So I humbly conceive ye several Courts in this Govern¬
ment may, as usual, proceed to tryal of ye same, or Yor Excellency as
Governr and Comandr in Cheif here may by Comission under ye Seal
of ye Colony appoint such persons as you shall think fitt for tryal &
determination of Such maritime affairs, It being in a clause of ye afore¬
said Statute exprest that a prize taken in America shall be put in pos¬
session of ye Govern1, untill condemned or clear’d, & altho ye Ships
aforesaid may not directly come under ye Denomination of Prize
ships, Yet they ought to have a tryal that it may appear where ye
Right and property lies, all which is humbly Submitted & c. It is y
Opinion of ye Councill thereupon that it be referred for further con¬

sideration. . , a ~ r J

Mr Richard Haney by petition setting forth to ye Govern and
Councill that ye parish of Fairfeild in Northumberland County, being
an ancient parish because of ye large extension thereof a Chappel of
ease was built at ye upper parts of ye said parish, which being decayed
y e vestry of ye said upper parts of ye parish some few years since did
bargain for and build a new Church, which was agreed to by ye ves¬
trymen of ye Lower parts of ye said parish, and ye charge thereof
Levied upon ye whole parish they of y 6 said upper parts agreeing that
upon ye like occasion they would contribute equally towards ye build-
in^ a Church in ye said Lower parts, and that notwithstanding ye con¬
tribution & agreements aforesaid, the Lower church of ye said parish
being now quite ruin’d, & altogether unfit for Divine Service, ye
Gentlemen of ye said upper parts do utterly deny to contribute to¬
wards ye repair or renewing thereof: It is refer d to ye Gentlemen of
y e said Vestry in ye upper parts to give an answer to ye premises, and
make present return thereof to ye Secretaries Office.

Wednesday y 6 14th of October
Present

His Excellency

Rich* Lee Edm* Jenings Esq'

Wm Byrd James Byrd Com^

Chr Wormeley Dan1 P; ark

Edwd Hill Esq” Cha: Scarburgh Esq”

His Excellency being told of delayes in ye College business, y°

356

Executive Journals, Council of Colonial Virginia

intended bill relating to ye Donations brought in by Mr Comissary on
Fryday night last being delay’d till now was extreamly concern’d and
ye more, that matters were so misrepresented home, as that ye Clergy
here is despised and insulted over, and ye College not onely slighted
but opposed, desiring ye Councills dispatch thereof, and whether they
knew any Such Slight in his time, or if anything in his power not rem-
edyed or now wanted that it might be helped, was answerd that ye
delay was occasion’d for want of ye appearance of ye Council for y®
College for which on their desire it was referr’d, and by Mr Comissary
that ye expressions mencoed by his Excellency were very harsh expres¬
sions for which he knew no cause, and therefore thought strange
thereof, His Excellency then shewed a paragraph in my Lord of Lon¬
don’s Letter containing ye same, and Mr Comissary reading further
his Excellency caused ye following lines also to be read, Viz* and what
his Mae Comanded to be laid before ye Assembly in favor of ye minis¬
ters had been prevented by ye former Assembly, who carried their Act
to ye Councill where it was let fall and that Assembly dissolved, and
this which has refused ye King continued, It is ye unanimous opinion
of ye Councill except Mr Comissry Blair that ye Clergy have all along
in this Govern” time been as well respected and taken care of as at
any time since their remembrance, and believe as they ever were in
this Dominion, & his Excellcy alwayes ready to espouse ye concerns of,
& help ye Clergy, And give all dispatch and assistance in what relates
to the College, and as to ye Law mencoed to be made in favor of the
ministers which was on y e revisall of the Laws, It never enter’d into the
thoughts of any one of ye Councill to be pickt singly out of y® Laws in
that revisall, but that it was condescended to by ye house of Burgesses
in consideration of other matters in the Generali revisall of the Laws.

This Board being inform’d that the order of Councill of ye 15*^
of Febry last recomending Mr Cope Doyly for his continuance as min¬
ister in the parish of Denby in Warwick County, and sent to Mr Wm
Roscow ye Church warden was never comunicated to the Vestry of
that parish, Ordered that the said Roscow appear at this Board on
thursday ye 22th Instant to answer ye Same.

Fryday ye 16th of October 1696.

Present

His Excellency

Richd Lee
William Byrd
Christopr Wormeley
Edward Hill Esqrs

Edmd Jenings Esqr
Ja: Blair Comry
Dan1 Park

Cha Scarburgh Esqrs

This Board taking into consideration the want of an Officer to
attend the Gen11 Court hitherto officiated by y® Sheriff of James City
County and his officers, for which they were uncertainly paid but
lately refused; It is therefore order’d that Edward Hill and Edmund
Jennings Esq” with Mr Attorney Generali assistant do consider thereof
& report to this Board what necessary to be done, and that in ye mean

Executive Journals, Council of Colonial Virginia

357

time Mr Edward Ross do attend on that Service this present Generali
Court and be Sworn accordingly.

This Board taking into further consideration Mr Attorney Gen-
eralls report of y 9 Jamaica Ships the Resolution and the Ruth and Mary,
Its further referred to Richard Lee and Charles Scarburgh Esq™ to
examine and consider the Laws relating thereto, and report the proper
methods and Courts for proceedings thereupon.

Tuesday ye 20th of Octobr 1696.

Present

His Excellency

Richard Lee Edmd Jenings

William Byrd Dan1 Park

Christopr Wormeley Cha Scarburgh Esq”

Upon ye motion of Mr Attorney Generali on behalf of the College
of William & Mary that the Lands granted by his Mae in the Charter
to ye College are not yet all survey’d and laid out, and that therefore
ye former restrictions may be further continued. Ordered that the
said Restrictions be continued on the Lands on the South side Black-
water Swamp & in Pamunky Neck as formerly untill the 20th day of
Aprill next and then till further orders and that ye Surveyo” concern’d
have notice thereof that no survey be made nor entry received in
either ye said places during ye time of ye said restriction

Thursday y® 22th of Octobr 1696.

Present

His Excellency

Rich Lee Edward Hill

Willm Byrd Edmund Jenings Esq”

Chr Wormeley Esq” James Blair Comry

Cha Scarburgh Esqr

His Maj4'®8 Letter for swearing Mr John Lightfoot one of his Ma8
Councill for this Colony was again taken into consideration the said
Lightfoot being present and heard therein, which importing his Ma*
Service is referr’d for further consideration

His Excellency laid before ye Councill the address and association
of y® House of Burgesses to be presented to his Ma®.

Tuesday y® 27th of Octobr 1696
Present
His Excy

Edmd Jenings Esqr
James Blair Comry
Dan1 Park
Cha Scarburgh Esq”

Wm Byrd
Chr Wormeley
Edward Hill Esq”

358

Executive Journals, Council of Colonial Virginia

Pursuant to order of this Board of y® 16th Instant referring to
Edward Hill and Edmund Jenings Esq” to consider of necessary offi¬
cers for attending the Generali Court, and their reward, they report
Viz‘ that ye Sheriff of James City County in which the Generali Court
sitts hath frequently attended that Service, and alwayes till of late
paid by y® assembly and now refused, but don’t find y® said Sheriff
compelled or obliged thereto by any Law, and now refusing they con¬
ceive it absolutely necessary for holding the said Generali Court, that
two officers be appointed to attend thereon and that they be allowed
certain fees or recommended to the Assembly for a Suitable allowance
with which report ye Councill doth agree.

Wednesday ye 28th of Octobr 1696
Present

His Excellency

Richd Lee James Blair Comry

Chr Wormeley Dan1 Park

Edward Hill Esq” Cha Scarburgh Esq”

Pursuant to former order of this Board of the 16th Instant re
ferring to Richd Lee & Charles Scarburgh Esq” to consider of y®
proper Courts and methods for tryal of ye Ships ye Resolution & the
Ruth and Mary, they report Viz‘, that the proper proceedings to be
had in ye Case of ye said Ships are in his Mas Courts of record of this
Country where all persons who have any claim or pretence of Right to
ye said Ships and goods a time being assign’d and notice given may
put in and prosecute such their claims with which report the Councill
doth agree.

Mr William Roscow Churchwarden of Denbigh parish pursuant
to order of Councill appearing and being fully heard, Ordered that for
his contempt in not communicating to ye Vestry as directed an order
of Councill of ye 13th of febry last relating to Mr Doyly y® said Roscoe
be put out of ye Comission of ye peace

Thursday ye 29th of Octor 1696
Present

His Excellency

Edward Hill
Edmd Jenings Esq”

James Blair Comry
Cha Scarburgh Esqr

Mr Audit1, Byrd presenting His Ma" Order of ye 18th of Decembr
1695, to pay to James Blair Comissry to the R1 Reverd the Bishop of
London ye sum of one hundred pds Sterl out of y® Revenue of Quit-
rents his Excellency Sign’d warrts for y® same

Richd Lee
Wm Byrd

Chr Wormeley Esq”

Executive Journals, Council of Colonial Virginia

359

Fryday ye 30th of October 1696.

Present

His Excellency

William Byrd Edmd Jenings Esqr

Chr Wormeley James Blair Comry

Edwd Hill Esqrs Cha Scarburgh Esqr

Anne Grey of Blisland parish in New Kent County convicted and
condemned for ye murder of John Reynolds, presenting a petition
sign’d by many of the principal Inhabitants of this Colony praying a
repreive for her, & being reprsented to his Excellency by ye Councill
as an object of mercy his Excy granted her a repreive till the fourth
day of October Gen11 Court next that in the mean time she may apply
for his Mas Grace and pardon.

Upon petition of Cap4 Thomas Cock of Princess Anne County, &
prsenting an order from ye Lords of the Treasury of ye 6th of January
1692, for remitting to William Pennell master of ye ketch called ye
Crane of Dartmouth his Majties part of ye seisure of ye said ketch and
her Lading amounting to 15 n:12s:4, sterl and also presenting a Letter
from ye Lord Effingham then Govr of Virginia for remitting his part
also in the said Seisure for both which parts the said Cock had given
bond here Order’d that the said Letter and order be by the Clerk of
ye Councill annexed to the said Bond in order to ye vacating thereof.

On further consideration of ye Clergys Address and what to be
done therein, No Instance appearing of ill usage of ye Clergy not effec¬
tually redressed but Mr Comissary instancing Mr Doyly in Denbigh
parish and the said Doyly being now called excused and refused being
minister in the said parish, It is referred to Mr Secretary to Draw an
answer to the said Address pursuant to the Severall considerations
and opinion of the Councill, and the said Address being of import and
concern to the House of Burgesses Ordered that a Copy thereof be
transmitted to them.

In further consideration of his Ma' Letter for swearing Mr John
Lightfoot one of y* Councill he not being present, Order’d that he have
notice to attend at the next meeting of ye Councill.

Whereas there is great complaint of ye Ferrys throughout this
Dominion Ordered that the Sheriffs give notice to all persons pretend¬
ing to keep ferrys in their County’s forthwith to return an account to
the Secretaries Office — what pretence they have for keeping the said
Ferrys, and after what manner they keep them, and what fares they
demand of passeng” horse and foot

Saturday ye 30th of Octobr 1696.

Present

His Excellency

Rich Lee James Blair Comry

Wm Byrd Dan1 Park

Edward Hill Cha Scarburgh Esq”

Edmd Jennings Esqrs

360

Executive Journals, Council of Colonial Virginia

Upon consideration whats to be done with Anne Grey now she is
repreived their being no Country Goal, It is ye opinion of y® Councill
that she [be] remitted Back to New Kent County Goal, from whence
she was brought, and ordered accordingly.

At a Councill held at James City on Monday the
first of March 1696 [1696-7]

Present

Mr Secry Wormeley
Chr: Wormeley
Edward Hill
Edmund Jenings Esqr3

His Excellency

James Blair Comry
Dan1 Park
Richd Johnson
Jn° Lightfoot Esqrs

On further consideration of his Ma8 Letter to the Governr and
Councill for Swearing Mr John Lightfoot one of his Ma8 Councill for
this Colony, It is the opinion of the Councill that (notwithstanding
their former opinion by reason of the said Lightfoots ill reputation)
his Ma8 comands being positive the said Lightfoot be admitted and
sworn accordingly who being called in and having taken ye oaths pre¬
scribed by Law the Test and the oath of a Councillor took his place at
ye Board accordingly.

His Excellency acquainting this Board that the Councill being
appointed for y® audite, and y® Auditor not yet arrived and supposed
sick but hourly expected he knew nothing necessary to be sooner dis¬
patched but desired they would say if any thing material from their
severall parts, or to be now taken into consideration, & nothing being
offer’d the Councill Rose.

The Councill being just rise [en] were called again by his Excel-
lencys order who acquainted them he had then heard some rumor8 of
a quarrell happening at the College meeting on Saturday night last,
and if so said that he was not well used not to have known it sooner and
asked the Councill if they knew anything of it, and Mr Comissary
Blair if he were not at that meeting, & what it was, but Mr Comissary
excused the matter saying he did not know that the parties did com¬
plain, and he had nothing therefore to say in that behalf-but being
further urged did tell of a Quarrell, between the Govern1 of Maryland
& Coll Park, & that the other Gentlemen of ye College interposed upon
which his Excellency being extreamly concern’d imediately restrained
the said Coll Park, & gave Coll Hill directions therein and also sent
Coll Christopher Wormeley to wait upon the Govern1, of Maryland
at Green Spring where it is said he is, to prevent further ill conse-
quences-which Mr Comissry Blair going to Rich Neck also undertook
if he should find him there.

Executive Journals, Council of Colonial Virginia

361

Tuesday y® 2d of March 1696 [1696—7]
Present

Mr Secry Wormely
Mr Auditor Byrd
Chr Wormeley
Edward Hill Esqra

His Excellency

Edmd Jenings D Sec
James Blair Comry
Richd Johnson
Jn° Lightfoot Esq'8

The Governr of Maryland being returned to Town with Mr Com-
issary Blair from Rich Neck MrSecry Wormeley Mr Auditor Byrd Coll
Chr Wormeley and Coll Edward Hill are desired and appointed by his
Excy to use their indeavo'8 in doing what is fitt for composing y® Quar-
rell happen’d at y® meeting of y® College on Saturday night last be¬
tween y® Govern1 of Mary Land & Coll Dan1 Park.

The state of y® proceedings in Maryland sent from thence by.M'
William Okeman Lieu1 to Cap* Daniel in the Prince of Orange against
Coll John Cood for Blasphemy, he being supposed to have escaped
hither, and his Excellencys warrant thereupon to all Sheriffs & c to
apprehend the said Cood where he shall be found within this Govern¬
ment, and him deliver to the said Oakman or any other authorised
from y® Government of Maryland being read It is the opinion of ye
Councill there is nothing further could be done therein being no return

thereof. ,

Mr George Williamson Surveyo' of Surry County Sent tor by
order of his Excellency to attend this Councill, concerning entrys of
Land and Surveys by him made on ye Blackwater contrary to re¬
strictions and orders, and not appearing it is ordered that he personally
appear at the next Councill to be held at James City the last of March
Instant to answer the premises.

Whereas in the order of Councill that all ferrymen should return
an account of their ferrys, very few have made return, Ordered that
the severall Sheriffs themselves forthwith make inquiry and return to
the Secretaries Office an account of all the ferrys in their Counties
how and by what right they pretend to keep them and what fares they
demand of passengers horse and foot.

Thursday y® 4th of March 1696 [1696 7]

Present

His Excellency

Mr Secry Wormeley Edward Hill

Mr Audr Byrd Edmd Jenings Esq'8

Chr Wormeley Esq'8 James Blair Comry

Richd Johnson Esq'

Comodore Wager having differr’d his sailing till the begining of
April next, Ordered that y® audite be held at James City on the last
day of this moneth and that all ships which shall be ready to sail with
y® said Comodore do clear with y® Collecto'8 by y® 27th Instant, and
that before ye sailing of ye said Convoy no ships or Vessells be per-

362

Executive Journals, Council of Colonial Virginia

mitted to sail to any place whatsoever nor afterwards to Europe till
further order

It being formerly Order’d in Councill that all bonds for entry and
clearing of ships for which no certificates were return’d should be sent
to Mr Attorney Generali, Order’d that all such bonds which are or
shall be sent be by him put in Suit to the next Generali Court

There being no authoritys or orders yet arrived from England for
administring the oath which by an Act of Parliament in ye 7th & 8th
year of his Ma" Reign entituled an Act for preventing of Frauds and
regulating abuses in the plantation trade, all Govern” of plantations
are enjoyned to take, before the 25th day of March 1697 his Excellency
upon y e opinion of ye Councill at ye Councill Board took the oaths ac¬
cording to Law for ve due administration of ye said Act.

Upon consideration of his Ma8 gracious Letters to this Governm1,
and others from ye Lords of the Treasury, Ordered that Mr Secretary
on behalf of y e Councill prepare an answer of humble acknowledgements
for the same and to represent the state of the revenue here.

Present

His Excellency

Mr Secry Wormeley Chr Wormeley

Mr Auditor Byrd Edward Hill

Richd Johnson Esq”

His Excellencys warrant dated yesterday for confinement of Coll
Daniel Park for breaking his confinement being read it is ye opinion
of the Councill that no application being made nothing further ought
to be done therein.

At a Councill held at James City ye last day of March 1697

Present

His Excellency

William Byrd Edmund Jenings Esqr

Edward Hill Esq” James Blair Comry

John Lightfoot Esqr

Mr George Williamson Surveyor of Surry and Isle of Wight Coun-
tyes according to order of the Second of March Instant appearing but
having no account of his entryes on the Blackwater with him, Ordered
that he appear at this Board on the 6th day of the next Generali Court,
and bring Copies of all the entrys by him made on the Black Water
from the first of his Surveyorshrp

Executive Journals, Council of Colonial Virginia

363

At a Councill held at James City ye 15th day of April 1697

Present

Richd Lee
William Byrd
Chr Wormeley
Edwd Hill
Edmd Jenings Esqr

His Excellency

James Blair Comry
Dan1 Park
Richd Johnson
Cha Scarburgh
Jn° Lightfoot Esqrs

His Excellency acquainting the Councill that he is informed of ye
meeting of ye Gentlemen of the College this day, was therefore pleased
to put of ye Councill, severall of the members thereof being of the

Upon consideration of the want of Officers to attend the Generali
Court, and George Marable Gen Sheriff of James City County offering
his Service with his officers he is appointed and order’d to give his at¬
tendance accordingly.

Fry day ye 16th of April 1697
Present

Richard Lee
William Byrd
Chr Wormeley
Edwd Hill
Edmd Jenings EsqrE

His Excellency

James Blair Comry
Dan1 Park
Richd Johnson
Cha Scarburgh
Jn° Lightfoot Esq”

Mr Deputy Secretary Jenings acquainting this Board that Mr
Comissry Blair came to Mr Beverley Clark of the Secretaries office tor
a pass to go for England, upon which the said Clark told him that M
Deputy Secry had ordered him not to give a pass to any of the Gentle¬
men of the Councill, butt that it would be done by Mr Secretary or
himself: And Mr Comissary thereupon called witness of his being de¬
nied a pass, which matter being fully debated at this Board, the Coun¬
cill is of opinion that ye said Mr Deputy Secry nor the Clark is to be
faulted, but that Mr Comissry was mistaken and did not apply himselt
properly for the said pass, none having been ever given to a Coun-

rpllor but bv the Secretary. ..

Upon the motion of the trustees of y e College of William and Mary
of this Board, that they have not compleated the Survey of the land
in Pamunky Neck granted by his Ma° to ye College praying y° former
restrictions may be continued for some small time longer. Ordered
that ve said restrictions be continued as formerly on the Land in Pam-
muky neck & Blackwater til the 20th day of June next (the time de¬
sired by them) and then till further [order]

The meeting of the Assembly according to the adjournment, and
what to be done being taken into consideration, It is referred till the
time of their meeting.

364

Executive Journals, Council of Colonial Virginia

Tuesday y 6 20th of April 1697
Present

His Excellency

Richd Lee James Blair Comry

Will™ Byrd Dan1 Park

Chr Wormeley Rich d Johnson

Edward Hill Cha Scarburgh

Edmd Jenings Esq” Jn° Lightfoot Esq”

The Severall naval Officers being directed to attend in order to be
further sworn according to the late Act of Parliament in England en¬
titled an Act for preventing Frauds and regulating abuses in ye plan¬
tation trade, and the said Act being read Mr Comissry Blair of his own
mocon declaring himself a native of Scotland desired the opinion of ye
Councill whether by a certain clause in the said Act he were not diss-
abled from sitting as a Judge in the Generali Court, upon which his
Excellency was pleased to demand the opinion of ye Councill upon the
said act as relating to Mr Comissary ye Councill are of opinion that
by ye constitution of this Government from the begining the Coun-

tvt °/~> ar-e onely Judges of the Generali Court, and consequently
Mr Comissary Blair within the meaning of that Act.

His Excellency acquainted the Councill that for the Largeness of
the district of Potommeck River, and better preventing illegall traders
and securing his Ma8 dues there, he had divided the said district and
appointed and comissionated Coll Rich Lee Naval officer and Collector
of the upper district thereof from Lower Macholique inclusive
Richard Lee Christopher Wormeley Edward Hill, Edmund Jenings,
aniel Park and Charles Scarburgh Esq” Naval Officers within this
Colony took the oaths according to Law for the due observance of

J<~t of Parliament made in the 7th & 8th year of his present Mae
King William, entituled an Act for preventing Frauds and regulating-
abuses in the plantation trade.

Upon consideration of the proportioning the twenty pounds given
y the last Assembly among the Generali Court officers for their at¬
tendance, It is thought fit that five pds be paid to Edward Ross and
the other fifteen to Cap4 George Marable.

Wednesday ye 21st April 1697
Present

Richd Lee
Will™ Byrd
Chr Wormeley
Edward Hill

His Excellency

Edmd Jenings
Dan1 Park
Rich Johnson
Cha Scarburgh Esq”

Mr George Williamson Surveyo4 of Surry and Isle of Wight Coun-
tys haying according to order of Councill of the last day of March last

C?Pw°la che entry’s of Land by him taken on the South
s de the Black Water Swamp, but not shewing by what authority he

Executive Journals, Council of Colonial Virginia

3 65

does Theme [them] nor having his Comission nor instructions with
him, Ordered that he attend therewith at ye next Councill

His Excellency acquainting this Board that in obedience to the
R‘ Honble ye Lords of the Councills directions having asked of the
trustees an acco1 of the building and other concerns of the College they
made him a report and account thereof, which he laid before this board
and asked their advice whether anything remained for him to do
therein, and was answer’d they knew of nothing to say to it.

Fryday ye 23d of April 1697.

Present

His Excellency

Richd Lee Edmd Jenings

Wm Byrd Dan1 Park

Chr Wormeley Richd Johnson

Edward Hill Esqrs Cha: Scarburgh

Edmund Jenings Esqr Dep Secretary bringing into Councill
draughts of ye severall Letters prepared for ye dispatches for England,
Mr Comissry Blair was sent for through the Town but being gone out
they were put of till tomorrow

Saturday ye 24th of Aprill 1697
Present

Edmd Jenings Esqr
Jam: Blair Comry
*Daniel Park
Richd Johnson
Cha: Scarburgh
Jn° Lightfoot Esqrs

The Letters prepar’d for England & brought into Councill yester¬
day were read, approved of, and sign’d, Mr Comissry Blair being pres¬
ent, which y® Councill humbly pray His Excellency to have transmitted
A true Coppy. E. Jenings Depty Secry

Richard Lee
Wm Byrd

Chr Wormeley
Edward Hill Esqr

At a Councill held at James City y® 11th day of June 1697
Virginia ss

Present

His Excellency Sr Edmund Andros Kn1 his Ma8
Lieu1 and Govern1, Generali
William Byrd Edmund Jenings

Chr Wormeley Richd Johnson

Edward Hill John Lightfoot Esqrs

*The following appears in the original on the next page to the one containing
names of councillors present at this meeting:

Memdm The Correction made in ye foregoing page by incerting Mr Blair’6
name instead of Coll Park, was don in conformity to ye 2d Duplicate of these Minutes
by advice from Mr Jenings in his Lre of the 18th of July 1697

366

Executive Journals, Council of Colonial Virginia

His Excellency laying before ye Councill a Letter from the R*
Honble ye Lords of ye Councill of trade of ye 27th of August last co-
manding a proclamation issued by their Excellencys ye Lords Justices
of England for apprehending one Henry Every a/s Bridgeman, and
divers other privateers to be published, together with a Copy of the
said proclam: Order’d that Copies of the said proclamation be sent to
the respective Sheriffs of ye Severall Counties and by them published
as usuall.

His Excellency laid before ye Councill a Letter from the R* Honble
ye Lords of ye Councill of ye 24th of Septembr 1696 relating to the
State of Virginia, And

A letter from the said Lords of ye first of febry 1696-7 relating to
other matters in Virginia, as

Also a Letter from the Lords of ye Admiralty of ye 26th of January
1696-7 concerning ye impress of men for furnishing his Ma5 Ships,
which were read at the Councill board.

His Excellency acquainting this Board that notwithstanding
former orders of Councill to the contrary the Pilots at ye mouth of
James River, as he is informed, in these times of War & Danger upon
arrival of any ships upon the Coast go of to bring in the said Ships
without ever acquainting any of the Kings Magistrates therewith,
Order’d that before any pilot or other person go to any Ship upon her
arrival he give notice thereof to the next magistrate, and of ye report
of ye boats crew Sent ashore from the said Ship

His Excellency was pleased to call for ye List of Coroners in this
Country, and with ye advice of the Councill Supplyed y e Vacant names
thereof.

Mr George Williamson Surveyor of Surry and Isle of Wight Coun¬
ties according to order of Councill of ye 21th of Aprill last having shewed
a Comission under ye hand and Seal of John Smith Survey1- Generali,
and not having any wayes clear’d himself for taking entrys of Land
on the Black water contrary to restrictions and orders of Councill
from time to time, and also taking double entryes of one and ye same
parcell of Land, to the great disturbance of ye Inhabitants of the said
Counties, and appearing otherwayes a person insufficient and unquali¬
fied for such an office and trust, It is ye opinion of ye Councill that he
be suspended from his said Office of Surveyor and that the trustees of
ye College have notice hereof.

Upon petiton of John Carrell setting forth that Majr Lewis Bur-
well, and Majr Arthur Allen without any Surveyor or patent to direct
them came forceably upon the pet1 3 land which he hath long and peace¬
ably enjoyed, and marked ye trees thereupon, and took ye same into
the said Burwells possession, terrifying ye petr being a poor man, Ord¬
ered that they ye said Burwell & Allen appear at ye next Councill to
answer ye Same.

Cap* Andrew Douglass Comandr of his Ma8 Ship ye Harwich
having represented to his Excellency that on his Voyage to Virginia
in ye said Ship he took a flyboat called ye S* Ignace, belonging to the
port of Bayonne in France, bound thence to Newfoundeland, ye master
and all ye Company the French Kings Subjects, and her clearing from

Executive Journals, Council of Colo?iial Virginia

367

the Admirall of France, and brought her into James River, and prayed
a speedy proceeding for condemnation accordingly and his Excellency
laying ye same before this Councill, It is ye opinion and advice of ye
Councill that there being no Court of Admiralty erected in this Gov¬
ernment his Excellency may and ought to give Comissions under ye
Seal of ye Colony appointing a Judge register Marshall and other offi¬
cers necessary for tryal of ye said prize.

Saturday ye 12th of June 1697.

Present

His Excellency

William Byrd Edmd Jenings

Chr Wormeley Richd Johnson

Edward Hill John Lightfoot Esqrs

Nicholas Spencer Esqr producing a Comission to him granted by
ye Comissionrs of his Mas Customes in London dated ye 21th day of
November last to be callectr in South Potowmeck River of his Ma3
dues on ye enumerated Comodities by ye 25th of Char ye 2d took ye
oathes according to Law for ye due execution of ye Same.

Peter Heyman Esqr producing a Comission to him granted by ye
Comissionrs of his Ma8 Customes in London dated ye 21th day of No¬
vember last to be Collector in the Lower district of James River of
his Ma8 dues on ye enumerated Comodities by ye 25th Act of Ca 2d,
having before his Excell cy taken ye oaths according to Law for
ye due execution of ye same

Peter Jenings Esqr producing to this Board a Comission from the
principal Comissionra of ye prise Office dated ye 19th of November last
relating to Maryland and to enquire after concealments or imbezel-
mts of prizes since ye year 1689 there, or in any other place or places
upon ye Continent of America, or Islands thereunto belonging, Ord¬
ered that the said Comission be enterd upon the Councill Books, and
incouragement and assistance upon all occasions given him ye said
Peter Jenings in ye execution and performance thereof accordingly.

William Trevethan Esqr producing a Comission to him granted by
ye Comissionrs of his Ma3 Customes in London dated ye 2d day of De¬
cember last, to be Surveyor of his Ma8 Customes on ye enumerated
Comodities by ye 25th of Ca 2d in Elizabeth River took ye oathes ac¬
cording to Law for ye due execution and performance of ye Same.

His Excellency upon receipt of a Letter [letter given further on]
yesterday of ye 4th of June instant from ye Govern1, of Maryland with
proceedings of a Comittee of ye Councill and Burgesses confirm’d there,
relating to the Piscataway and Aecokik Indians was pleased to lay ye
same before this Board, which being duely consider’d ye Councill doth
not understand ye meaning thereof, But if any miscarriage hath been
by any Indians in this Government, are of Opinion that it ought to
have been first signified to ye Govern1, for orders therein before any
proceedings against any Indians in this Government

His Excellency by advice in Councill was pleased to pass under
his hand and ye seal of ye Colony a Comission appointing Edward Hill

368

Executive Journals, Council of Colonial Virginia

Esqr Judge of ye Court of Admiralty for tryal of ye Prize S4 Ignace of
Bayonne in France, brought in by Comodore Douglass and all other
matters that should be brought before him, [to] terminate ye 18th In¬
stant; And also a Comission to Robert Beverley Gen appointing him
Register of ye Said Court, and another to Edward Ross Gen Marshall
who were all three sworn accordingly after having taken ye oaths to
his Mae prescribed by Law, and ye Test.

Monday ye 14th of June 1697
Present

His Excellency

William Byrd Edmd Jenings

Chr Wormeley Rich d Johnson

Edwd Hill Jn° Lightfoot Esqrs

Comodore Douglass having made application to his Excellency for
Supply of thirty Seamen which are wanting in his Mas Ships ye Har¬
wich, and South Sea Castle to compleat their middle complement, and
having declared ye first day of July next to be ye time of their Sailing
for England with all ships that shall be then ready to sail under his
convoy, his Excellency laid ye same before ye Councill, who upon ma¬
ture consideration are of opinion that Seamen are not to be had here,
not knowing any in this Government, or ever any men of war supplyed
here but that all due care may be taken therein. Ordered that the
severall Coman dr 8 in Cheif and Collectors cause inquiry to be made
after all Seamen in their districts, and that such as are fit for service
be forthwith sent to the Comodore at Point comfort in James River,
and an acco4 thereof to his Excellency, and that they also give due
furtherance to all Ships and Vessells in their districts that can be ready
to sail with ye said convoy, and that they repair to Point Comfort to
Joyn him accordingly

His Excellency being pleased to lay before ye Councill Letters
from Cap1 Mason and Cap4 Withers in Stafford County mentioning
ye Settlement of the Piscataway and Aecokik Indians back in ye woods
on this side Potowmek River, and their refusing to return to Mary¬
land; it is ye opinion of ye Councill, and accordingly Ordered, that ye
said Mason forthwith send to y e Cheifs of the said Indians next at hand,
and acquaint them that their settling there is not advisable or safe
for them, and take especial care that they are nowayes hurt by any of
our inhabitants.

His Excellency acquainting ye Councill that the Ship S4 Ignace of
Bayonne brought in by Cap4 Andrew Douglass in his Ma8 Ship ye
Harwich being under condemnation as lawfull prize, with all her guns
tackle apparrell furniture and lading, and being lodged in his Excel-
lencys hands by vertue of ye Act of Parliament in ye 4th & 5th years of
William & Mary for the incouragement of privateers, was pleased to
aske ye Councills advice what methods were to be used for ye disposal
thereof, and who the most proper officers to manage that concern.
It is ye Councills Opinion that Mr Auditor Byrd his Ma8 Audito1 and

Executive Journals, Council of Colonial Virginia

369

receiver Generali of his Mas Revenues & dues here is ye most proper
person to manage ye said prize, and ye 29th Instant a fit day for ye
sale thereof. Whereupon his Excellency orders in Councill that ye
said Mr Audito1 Byrd do take upon him the management of ye said
prize in all things relating thereto according to the said Act, and doth
authorise him accordingly.

Tuesday ye 15th of June 1697.

Present

His Excellency

William Byrd Edmd Jenings

Chr Wormeley Rich Johnson

Edward Hill Jn° Lightfoot Esqrs

The Rule of ye Generali Court in A nn 1676, directing how process
at comon Law shall be had and issued against a Councellor being read,
It is referred to Mr Attor Generali to consider and report.

At a Councill held at ye Main ye 20th day of July 1697.

Present

His Excellency

William Byrd Edward Hill

Chr Wormeley Edmd Jenings Esqrs

His Excellency laying before y e Councill a Letter from Cap4 Mason
concerning ye Emperor of Piscatawayes bringing a nation of Seneca
Indians with some of his, who he sayes are now all one people, and de¬
sire to be under this Governm4 And being informed that ye said Sene-
caes are already settled within this Government, The Councill are of
opinion that nothing further is to be said to them, but that they as
all others in the Government, and other friendly Indians may come
and go in safety, but that the Piscataway Indians do return to their
old habitations in Maryland.

His Excellency by advice in Councill was pleased to allow of ye
fees of ten pounds to the Judge, five pounds to the Register, and forty
shill to ye Marshall for their Attendance at the late special Court of
Admiralty.

E. Jenings, Depty Secry

[Letter from Governor of Maryland referred to in proceedings of the

12th of June.]

Sir

Maryland Port of Annapolis
June 4th 1697

This is by Express to Acquaint Your Excy What we have
done Concerning the Piscattoway and Aecokick Indians, and Inclosed

370

Executive Journals, Council of Colonial Virginia

is the proceedings thereupon both of the house of Delegates, his Maj8
most Honble Councill & of

Yor humble Servant

Fra: Nicholson

For his Maj8 speciall Service

To His Excellency Sr Edmond Andros Kn4 his Maj8 Leiu4
and Govr Gen11 of Virginia

[Then follows severall pages of proceedings of a committee of the
Council and House of Delegates of Maryland held at Annapolis June
1 st concurred in by the Flouse of Delegates 3 d June and by the Governor
the same day. These proceedings are to be found printed in “Ar¬
chives of Maryland”, Vol. XIX (Proceedings and Acts of the Assem¬
bly of Maryland, 1693-1697”), p. 570 ff.]

At a Councill held at Mr Secretry Wormelys ye 11th August 1697

Present

Ralph Wormely
Richd Lee
Wm Byrd
Chr: Wormely

His Excellency

Edward Hill
Edmond Jenings
Richd Johnson
John Lightfoot Esqrs

His Excellency acquainted the Councill of the Arivall of the Hon-
oble Vice Admirall Nevill into James River, wth a Considerable Squad¬
ron of his Maties Ships of Warr, and that he had dispatched orders to
all the adjacent Parts, for bringing them in fresh Provisions, and also
for Sloopes and Shallops for their Watering, which Vice Admirall
Nevill signified they were in wont of, and desired of the Councill what
further Necessary to be done, who are of Opinion that Nothing more
can be done, but what Sloopes are adjacent be prest for this Extra¬
ordinary Service

His Excellency laid before the Councill letters from Cap4 George
Mason Commander in Cheif of the Militia in Stafford County and
Examinations taken ye 27th of July last, by the Coll” and Militia
Officers of ye sd County, of some Indians taken for the scalping and
mameing and dangerously wounding the Wife of Wm Wiggington &
three of their Children in the sd County, It is the Opinion of the Coun¬
cill, that a Comission of Oyer & Terminer doe Issue; to some Gent: to
sitt in ye sd County for Tryall of the sd Fact, and his Excell ncy is de¬
sired to Issue one Accordingly. The Persons following were named &
Appointed Commission”, Richd Lee, Xtophr Wormely, Edward Hill,
Richd Johnson, of his Maties Councill for this Colony, Rob4 Carter
speaker of ye house of Burgesses, George Mason, Wm Taylor, Lawrence
Washington, Malacky Peal, Mathew Thompson, John Harvey, Wm
Buckner, Richd Fosaker, & Thomas Owesly or any five of Them,
whereof one of Councill aforesd to be alwayes one, and to Continue in
force three Dayes from the last of this Month.

His Exncy laid before the Councill a letter from Mr Audit1, Bird
of an English man being shott in Appomattox by an Indian, and Mr

Executive Journals, Council of Colonial Virginia

371

Auditor being prsent, sd he had been up in those parts, and that there
was no more of it, but that the Indian being then single rann away so
soon as he had shott, and Can’4 be heard of, and that all were quiet
in those parts, on which his Excellency asked If any Orders or Direc¬
tions to be given therein, The Councill think not any Necessary.

Aug4 y 0 12th 1697
Present

His Excellency

Ralph Wormely
Richd Lee
Wm Bird
Xtophr Wormely

Edward Hill
Edmond Jennings
Richd Johnson
John Lightfoot Esq”

His Excellency laid before the Councill severall letters and Papers
relating to the Indians, wch Occasioned the again reading & Consider-
acon of ye Proceedings of a Committee in Maryland confirm’d by the
honorable Councill and Burgesses there relateing to Indians now in
this Goverm4 & Agents or Gentlemen, to be sent to treat with the Sd
Indians, of whom by their Letters it appears His Excellency had not
nor could possibly have notice of their passing through this Goverm4
till they were returned with letters, papers, and proceedings; The Coun¬
cill have maturely considered and do not yet apprehend, the Intent or
meaning of the Goverm4 of Maryland transmitting such Papers, The
Agents or Gentlemen from Maryland, having passed through treated
with & returned from the Indians in this Goverm4 without the knowl¬
edge, Approbacon, or assistance of his Excell ncy, which proceedings
the Councill are of Oppinion, amuses [deceives] the Inhabitants, and
tends to the Disturbance of ye Goverm4, And therefore the Councill
prayes his Excellency to acquaint the Governr of Maryland, that before
any treaty with or proceedings against any Indians in this Goverm4 be
permitted, his Excellency be made timely acquainted therewith and
that his Excellency please to give Commands to ye Comander of the
Militia and Rangers in Stafford County, that none from the Goverm4
of Maryland be suffered to treat with the Indians in this Goverm4 till
his Excellency be acquainted and Allow thereof and Ordered Accord¬
ingly.

His Excell noy laying before ye Councill Mr Peter Heymans Mem-
oriall for ye Entring & Clearing of all Ships, that are or shall come into
the lower district of James River, as he is appointed by ye Com” of
his Ma4ies Customes in London Collector of ye Rates and Dutyes by
ye 25th of Charye 2d It is the Opinion of ye Councill, that all Incourage-
m4 be given to ye sd Hegman in ye Execution of his Sd Office persuant
to his Comission.

372

Executive Journals, Council of Colonial Virginia

At a Councill held at James Citty ye 20th Octobr 1697

Present

His Excellency

Richd Lee Richd Johnson

Wm Bird Cha: Scarburgh

Christopr Wormely John Lightfoot Esq”

Edmond Jennings

His Excellency was pleased to advise wth the Councill If anything
to be sd to the Generali Assembly (to meet tomorrow) perticularly
relateing to ye Country, On Consideration thereof, It is ye Opinion of
the Councill, that an Xcco* of ye Piscattoway Indians, comeing from
Maryland, & sitting down on this side Potomack River, and of a Woman
and three Children in Stafford County dangerously wounded by In¬
dians, with the papers & proceedings thereupon be laid before the
Generali Assembly.

His Excellency being Informed that the Surveyo” within this his
Maties Colony of Virginia are not sworn to Execute their sd Offices,
On Consideracon thereof it is ye Opinion of the Councill, y* ye respec¬
tive Surveyo” within this his Maties Goverm* doe forthwth Apply
themselves to the County Courts wherein they live, and the sd County
Courts to Administer to them ye Oaths Appointed by Act of Parham*
to be taken instead of ye Oaths of Allegience & Supremacy (the Test
& the oath of a Surveyor) & make Return thereof to the Secretarys
Office and Ordered Accordingly.

Upon reading ye Comp1* of John Carrell, setting forth that on ye
20th day of Octobr 1680 Wra Baldwin of the Isle of Wight County did
take up & pattent sixty Seaven Acres of Land in ye sd County, and
after a Peaceable & Quiett Possession about thirteen Years, the Sd
Baldwin on the 9th of Aprill 1693 transmitted the sd Land to ye Pe-
tionr, But Major Lewis Burrell, & Majr Arthur Allen by force & Armes,
came upon the Peticon” land without any Surveyour or Patent to
direct them; marked Trees, & took the same into the sd Burrells pos¬
session The Peticonr therefore prayes his Excellency to be releived
from so great wrong & Violence, which being referred to this Day, &
Majr Lewis Burrell, and Major Arthur Allen to attend, to answer the
same, and being fully heard, and it not appearing, that ye sd Major
Allen is authorized or qualified ,to make Surveyes, or taken ye Oaths
appointed by Law, It is the Opinion of the Councill, that what Sur¬
veys ye sd Allen has made, is not warrantable or of any Effect, and the
Sd Carrell referred to his further remedy at Law.

It appearing to this board, y* Major Arthur Allen has refused to
take ye Oaths appointed by Act of Parliam* to be Taken instead of the
oaths of Allegiance & Supremacy, Referred to ye County Cour* of
Surrey, who are hereby Ordered, to tender the sd Oaths to Major
Arthur Allen According to Law.

E Jenings Dep*h Secry

Executive Journals, Council of Colonial Virginia

373

At a Councill held Att James Citty ye 1st of Novembr 1697

Present

His Excellency

Richd Lee
Wm Bird

Edmond Jennings
Richd Johnson
Cha: Scarburgh
Jn° Lightfoot Esqrs

Chr: Wormeley

Edward Hill

Whereas CompH hath been made, y* ye Trustees of ye Colledge
of Wm & Mary, have not taken up ye Land given them, by his Matie
on black water Swamp & Pomunky Neck, to ye great prjudice & hin-
derance of his Majties Subjects, who are ready to enter for & take up
land there And it not appearing that any Surveys are returned into
ye Secretarys Office, of What Land they have taken up, The Gen* of
y8 [this] board who are Trustees are desired to acquaint ye rest of ye
Trustees therewth for etiiectuall care therein.

Upon Consideracon of Indian land, & Articles of Peace wth the
neighbouring Tributary Indians, It is ye Opinion of ye Councill that
ye Indian Interpreters do forthwth give to his Excellency a perticular
Acc* of ye prsent numbr of ye sd Tributary Indians, & how they are
settled, and ye Respective Surveyo13 to give an Account to his Excel¬
lency what land ye Indians live upon, and y* noe Surveyors prsume to
Survey (or English seat themselves) wthin three Miles of ye Indian
Settlem* persuant to ye Articles of Peace and Ordered accordingly.

Upon ye Peticon of Joshua Broadbent setting forth that he having
ye Command of the Sloop Spywell in his Maties Service for ye Discov¬
ery & Detection of false Traders, The Peticonr was content to take
Eighteen pounds per month for ye sd Sloop manning & Victualling, In
hope of further advantage by Seizures, & not finding it to Answer his
Charge and Expectacon prayes his Excellency & Councill for eight
months Sailary due to him, and that himselfe & his Sloop Spywell now
in his Maties Service, may be Discharged, On Consideracon thereof
It is ye Opinion of ye Councill, that the sd Broadbent and the Sloop
Spywell be Discharged from his Maties Service, and the sd Broadbent
be paid what Arrears is due to him, & Ordered accordingly.

Upon Consideracon of y e Peticon of Joshua Broadbent Commander
of ye Sloop Spywell in his Maties Service, to cruise for false Traders,
setting forth v* in y® Prosecution of his Duty, he had been at very
great Charge & Expences, in ye Seizing of Severall Sloops, & one ship,
(as by his Acco* amounting to Eighty pounds one shilling) the Sd
Sloopes & Ship have not been Condemned, yett y® Peticon1, conseives
he had good & Sufficient ground of Seizure and prosecution, The Pe-
ticonr therefore humbly prayes his Excellency & Councill that ye sd
account of Eighty two pounds one shilling be allowed & pd him. It
is y® Opinion of ye Councill, that the sd account of Eighty two pounds
one shilling be allowed & pd him, in Consideracon of the sd Broadbents
Service, and Charge (due proofe to be made thereof) the same to be
paid out of y® first mony Accrueing from Seizures & Ordered accord¬

ingly.

374

Executive Journals, Council of C olonial Virginia

Novembr ye 3d 1697

Present

His Excellency

Richd Lee
Wm Bird
Chr: Wormley

Edward Hill
Edmond Jennings
Richd Johnson
Char:Scarburg Esq”

Upon Consideracon of ye four Indians comitted by ye Justices of
Oyer & Terminer to ye Sheriff of Stafford County, & ye Opinion of ye
house of Burgesses thereon, nothing being Charged ag1 the sd Indians,
since they were acquitted, It is the Opinion & Advice of ye Councill
that ye sd Indians be forthwith Discharged, & Ordered Accordingly
Upon ye Peticon of Jn° Chiles & George Marrable setting forth
that whereas, the Peti” have legally Surveyed two parcells or Tracts
of Land, Lyeing & being in the Place commonly called ye Main near
James Citty; wch Survey & Rights they have entred in the Secretary es
office, In Order to the Obtaining of Pattents for ye same tract of Land,
According to ye Custom of this Dominion, & persuant to a Charter
granted to this Country by King Charles ye second in 1696, Notwth-
standing ye Pet” have been obstructed, & hindred from obtaining any
Pattents, for ye sd tracts of Land wth out any reason as they know of,
The Pet” therefore pray his Excellency, they may be heard to shew
their Resons, why such Pattents to them ought to be granted, and
upon hearing of ye Above Pet” referred to the Kings Councill at Law,
to Enquire into the whole matter, & make report thereof to this board.

At a Councill held at James Ctty ye 9th of Novembr 1697

Present

His Excellency

Edward Hill
Edmond Jennings Esq”

Richd Lee
Wm Bird

His Excellency was Pleased to acquaint ye board y‘ the Occasion
of Appointing the Councill, then to meet, was the Receipt of a Letter
from y e Governr of Maryland of y e 16th of Octobr past, and some papers
Relating to Indians, from the Governr and Councill of Maryland, and
sent by Thomas Tench Esqr one of his Maties Honoble Councill, &
Major Wm Dent, wch is as followeth; Viz1

Sr I wrote to yor Excellency of ye 24 of June; and Inclosed is a
Coppy thereof, This is by the honoble Thomas Tench Esqr of his
Maties honoble Councill & Major Wm Dent, who are to wayt upon Yor
Excellency, from his Maties honoble Councill,

Your humble Servant
Francis Nicholson

Executive Journals, Council of Colonial Virginia

375

James Citty Novembr ye 4th 1697

To his Excellency Sr Edmond Andross K4 his Maties L4 &
Govern1, Generali of Virginia

It being thought Necessary by his Excellency ye Governr, Coun-
cill & c of his Matics Province of Maryland, for his Maties Service, &
the peace & safety of that province, to command us ye Subscribers, to
attend your Excellency & lay before you some things relateing to y®
Indians, and a late Murther committed by Indians unknown & c In
obedience whereunto, Wee attend your Excell ncy and humbly offer,
that wee are ready to acquaint your Exncy of the Circumstances of the
sd late Murther & c.

That for as much as the sd late Murther has been Committed by
Indians unknown to the Goverment of Maryland, Therefore his Ex¬
cellency the Governor & Councill of Maryland desires yor Excellency
to cause Enquiry to be Made after ye sd Murtherers wthin your Gov¬
erm4 as has been lately done in Maryland by his Excellency the Gov¬
ern1, for ye seizing & apprehending of an Indian called Esqr Tom, that
fled to that Province, from ye hands of Justice in Virginia.

That whereas it is reported in Maryland, that ye Indians are Pos¬
sessed wth Ill Notions y4 for any misdemeanr committed there, they
are not to be punished for the same in Virginia, therefore it is desired
also that Yor Excellency will be pleased to make them sensible of the
Contrary.

Yor Excell ncy is also Desired to prohibite the Inhabitants under
Yor Goverm4 from selling to those Indians lately come out of Maryland
any Powder or Ball, and the like will be done in Maryland by his Ex¬
cellency the Govern1, & c The sd Indians haveing Carryed away wth
them Out of that Goverm4 (and Purchased since) a Considerable
quantitye of both by their own saying, That by Informacon the sd
Indians formerly have not Purchased or used a Thousand weight a
Year.

Your Excellency is likewise Desired to appoint and send some
Gentlemen to meet in Stafford County or Elsewhere, & call ye sd Indi¬
ans before them, in order to discourse them in ye Prsence of some Per¬
sons to be sent out of Maryland, as well to Informe ye Indians [of] ,y e
Resolution of this Governm4, not to protect them, as alsoe for y® Gent¬
lemen of Maryland to make proposalls to them.

Yor Excellency is likewise desired to send some Prson up to y®
Fort of the sd Indians, in this Goverm4 to see If they have any strange
Indians among them, & what Numbr there may be of them, & whither
they have Dispersed themselves, about a hunting according to their
Usuall Customes, It being Apprehended that the sd Indians living so
remote, from y® Inhabitants, may have french Jesuits or Preists &
other French men amongst them.

Yor Excellency is likewise Desired, to cause your Rangers ap¬
pointed for the frontiers of Potomack to settle somewhere convenient,
toward the head of Potomack, And that Yor Excellency will be Pleased
to give Instructions to ye Commander in Cheif of Stafford County, &
the Rangers to hold frequent Correspondence w4h ye Honoble Coll Jn°

376

Executive Journals , Council of Colonial Virginia

Addison, and ye Rangers in Maryland, who have already instruccons
to doe ye like wth those In Virginia.

Your Excell ncy is likewise Desired to give Orders to Your Rangers
to agree wth ye Maryland Rangrs what shall be an Alarm, and that
you will be pleased to give them charge, to forbear hollowing, or fireing
Gunns in ye night unless upon Occasion.

These Matters have been Consulted & resolved on by his Excel¬
lency the Governr & Councill of Maryland wth the Advice of ye Honoble
the Justices of ye Provintiall Cort ye Gentlemen of a Grand Committee
for laying the Publick Levy; The Gent of ye Grand Jury for the Body
of that Province, and severall Gentlemen lately imployed, to go to ye
sd Indians, and given us in Charge to yor Excellency. In Obedience
whereunto for his Maties Service, and the peace & safety of his Maties
sd Province of Maryland, the same is hereby represented, laid before and
desired of Yor Excellency as aforesd, wch is signified by Yor Exencys
most humble servants

Thomas Tench & Wm Dent

On Reading & Consideration thereof the abovesd Gentlemen being
sent to, & acquainted that his Excellency, & Councill were then sit¬
ting, and ready to hear what they had further to offer to his Exency,
Thomas Tench Esqr being then undisposed desired to be excused till
the Next morning.

Novembr the 10 1697
Present

His Excellency

Richd Lee Edward Hill

Wm Bird Edmond Jennings Esqrs

His Exncy yesterday was Pleased to lay before ye board a lettr
from y e Governor of Maryland, of ye 16th of Octobr past and a Copy
inclosed of ye 24th of June sent by Thomas Tench Esqr one of his Ma-
ties honoble Councill, & Major Wm Dent to wayton his Exency of whom
due Regard being had; and being fully heard, what they had to Offer
from ye Governr & Councill of Maryland. On Mature Consideracon
thereof, and ye sd Lettr of the 24 of June being formerly answered, this
Board are of Opinion, that it is not adviseable to make Inquirey after,
or Proclamacon ag4 unknown or undisturbed Persons; That the report
in Maryland of the Indians Notions that they shall not be punished
here, For any Misdemeanor committed in Maryland is Groundless;
That the prohibition of selling Ammunition to perticular Indians is
Neither Adviseable, nor available, neither see any Cause to send for
or to ye sd Indians. The Rangers are appointed, on the Frontiers of
Potomack River, and ye Commanders of the Rangers & Militia, long
since ordered to acquaint Coll Addison wth anything materiall. The
Generali Allarm of this Country is fireing three Gunns at Convenient
Distance, and any disorders in ye Night punishable, And it is also ye
Opinion of yc Councill, that ye P'sent & a Coppy of ye former Order

377

Executive Journals, Council of Colonial Virginia

be transmitted to ye Govern1, of Maryland, by the Gent: sent by him-
selfe & Councill & Ordered accordingly.

At a Councill held at James Citty ye 15th of January 1697

Present

His Excellency

Wm Bird Edward Hill

Edmond Jennings Esqrs

His Exency was pleased to lay before ye board a Lettr from ye
Lords of ye Councill for Trade [and] Plantations, signifying to his Ex¬
cellency that by Order of their Execellencyes ye Lord’s Justices, they
send therewth ye Proclamacon, for Publishing the Peace lately Con¬
cluded between his Matie & ye French King, and acquainted ye board
that Imediately upon Receipt thereof, he gave Direccons for ye Pub¬
lishing the same, in all the Usuall places wthin ys this Maties Gover¬
nment, and Notice to ye Gentlemen of ye Councill that he had appointed
this day for the publishing the same at James Town, for the greater
Solemnity thereof.

Upon the Publishing the Proclamacon of Peace It is ye Opinion
of ye Councill, and Ordered that ye Restraints formerly laid on all
Ships & Vessells bound for Europe not to sail but with Convoy or in
fleet, be taken off, and that ye severall Collectrs wthin this his Matiea
Goverm1 have Notice thereof.

E Jenings Depty Secry

At a Councill held at James Citty the 7th March 1697-8

Present

His Excellency

Wm Bird Edmond Jennings

Charles Wormely John Lightfoot Esqrs

Edward Hill

His Excellency laid before ye board a Comission from his Matie
bearing date the 30th Aprill 1697 sent him by Edward Randolph Esqr
his Mat!es Surveyor Gen11 & c Received ye third of this Instant March,
Authorizing & Impowering Ralph Wormely, Wm Bird, Edward Hill,
Richd Lee, Jn° Lear, Chr: Wormley Edmond Jennings, Edward Ran¬
dolph, Charles Scarburgh, Edward Chilton, Peter Jennings Esqrs, &
ye Attorney Genrall for the time being, or any five or more of the
Councill, to administer to his Excellency a Solemn Oath for the Due
Observance of a Late Act of Parlianff, intituled an Act for Prevencon
of frauds, and regulateing abuses in the Plantacon Trade, persuant
whereunto Wm Bird, Christoph1, Wormely, Edward Hill, Edmond
Jennings, John Lightfoot Esqrs, & Mr Attorney Genrall, did administer
to his Excellency, the Oaths appointed by act of Parlainff to be taken
instead of the Oaths of Allegiance & Supremacy (The Test) and the
Oath in the Commission for the Due Observance of the said Act.

378

Executive Journals, Council of Colonial Virginia

His Excellency was pleased to lay before ye board an Abstract of
Ships & Vessells (from Edward Randolph Esqr his Maties Surveyour
Genrall of the North parts of America tradeing to Virginia in the Years
1689, 90, 91, 92, 93, 94, for which noe Certificate returned, Ordered
that the Attorney Genrall do forthwth prosecute ye sd Bonds according
to law.

His Excellency was Pleased to acquaint y e Gentlemen of the Coun-
cill that he understood his Matie was safe returned to England. On
Consideracon thereof, Ordered in Councill, that a day of Publick
thanksgiveing be set apart to be Observed, & kept in James Citty on
Sunday next, being ye 13th of this Instant March, and on Sunday come
Seavennight throughout the whole Dominion; A day of Praise &
Thanksgiveing to Almighty God for the Preservacon of his Maties
Royall Person, and his safe Return to England, & the Success of his
Armes, in an honoble peace; and that Mr Attorney Genrall doe pre¬
pare Proclaimacon Accordingly, & Mr Secretary to prepare an Address
to his Matie to be signed by his Excellency and Councill.

His Excellency laid before the Councill two Lettrs from Capt Na¬
thaniel Bostock Comandr of his Maties Ship Swift, of th : 27th & 28th of
Febry past, acquainting his Excellency that he found his Maties Ship
Swift to the Southward of Corratuck, setting whole nigh highwater
Mark, and did nor perceive any Damage in her Hull, and that she
might be saved, If help, and desires his Anchors, his Cables, his Men,
wth box Screws & good hand Skrews, and some great Spikes. On
Consideracon thereof, It is the Opinion of the Councill, that the Ankers,
and Cables belonging to his Maties Ship ye Swift, be swept for & taken
up, and that Mr Auditor Bird doe Inquire after & agree wth a Sloop to
Carry the sd Ankers Cables & Men, & what Necessary for the Assist¬
ance & Preservacon of his Maties Ship Swift, and Ordered accordingly.

March th: 8th 1697-8
Present

His Excellency

Wm Bird Edward Hill

Chr. Wormeley Edmond Jennings

John Lightfoot Esqra

Upon Consideracon of the late Act of Parlaiment for Preventing
frauds & regulateing Abuses in the Plantacon Trade, It is Ordered that
theSev’all Collectors, in their respective districts do acquaint the Ma'8
& Owners of Ships Or Vessells, that have not produced Certificates
persuant to the sd Act, that his Excellency & the Principall Officers of
the Revenue, will be at James Citty the 21st of this Instant March for
the dispatch of any that want it.

His Excellency acquainted the board that he had received a Letter
from the Lords of the Councill for trade and Plantacons of the 2d of
Septembr 1697 in which a paragraph for the Reviseing the Laws of
Virginia wctl his Excellency perticularly recommnded to the Coucill
for their assistance therein, and on Reading and Consideracon thereof

Executive Journals, Council of Colonial Virginia

379

Mr Secretary Wormely Mr Auditor Bird, Coll Edward Hill Coll Ed¬
mond Jennings or any two of them are appointed to proceed on the
Reviseall of the Laws as soon as possibly may be & to call Mr Attorney
Generali to their Assistance.

March ye 9th 1697-8
Present

Wm Bird
Chr Wormely

His Excellency

Edward Hill
Edmond Jennings
Jn° Lightfoot Esqrs

Coll Chr: Wormely produceing a Comission to his Exncy from the
Comrs of his Maties Customes to be his Maties Collector of Rappaha-
nick River, according to the Act of the 25tb of King Charles the 2
he took the Oaths appointed by Act of ParlainP to be taken instead o
the Oaths of Allegiance & Supremacy, (subscribed the Test) and t e

Oath duely to Execute ye sd Comission. , . ,

Upon Reading the Peticon of Jn° Chyles setting forth y he was
sent express to the Govermt3 of Maryland & New York w‘ his Ma
Pacquetts to those Govermts & praying he may be pd tor the Same,
It is the Opinion of the Councill, that the sd Chyles be allowed for the
sd Journey fifteen Pounds, and ordered accordingly.

March the: 10 1697-8
Present

Wm Bird
Chr Wormely

His Excellency

Edward Hill
Edmond Jennings
Jn° Lightfoot Esqr

Bv Vertue of a Comission from his Matie to his Excellency, under
y great Seal of ye high Cort of Admlty beareing date ye 29 day o
June 1697, authorizing, and impowering his ExceHency to appomt
judges, Registers, Marshalls & Advocates for the sd Co* of Adm
persuant thereunto, & Direccons therein His Excellency did appoint
& Comissionate Edward Hill Esqr to be Judge of the Court of Adm y
in Virginia & North Carolina, who took the oaths Appointed by Act
of Parlaim4 to be taken instead of the Oaths of Allegiance & Supremacy

(subscribed the Test) and the Oath of a Judge. . ... c , .

Upon reading the Peticon of Thomas Ward in behalfe of himselfe
& the Owners of the Sloop Content, to his Exnoy & Councill setting
forth: that whereas the PeP hath had a tryall the IS* 1 of Octob1 last,
before the honoble ye Gen’all Cort upon Informacon brought by Joshua
Broadbent, upon Seizure of the Sloop Content & loading, and upon a
full hearing the Informacon, & Seizure, was Dismist notw standing
wch the sd Sloop, and goods are nott delivered to the Peticoner by
Reason of woh the Pef is Very much hurt & damnified The Peticoner
therefore prayes his Excellency & Councill to grant order for the De-

380

Executive Journals, Council of Colonial Virginia

livering the sd sloop & goods: Referred to Mr Attorney Gen’all to
Consider the Matters & make Report thereof to this Board in ye
Afternoon.

Post Meridiem
Present

Wm Bird
Chr Wormely

Jnc

Edward Hill
Edmond Jennings
Lightfoot Esqrs

Mr Attorney Gen’ll reports, y1 he had Considered all the Proceed¬
ings upon the Informacon of Joshua Broadbent Commander of his
Maties Sloop y e Spywell, ag1 John Holmes Mastr of the Sloop Content,
& her loading, & finds the sd Informacon was on the Verdict of a Jury
found for the Defendant, & by the Generali Court thereupon dismist,
wc sd Sloop and goods nott yett being delivered out of the hands of
the King, The Attorney Generali is of Opinion that a writt of Restitu¬
tion may Issue to a move the sd Sloop and goods out of the hands of
the King, and restore them to the sd Jn° Holmes in behalfe of the Own¬
ers thereof, On Consideracon thereof, It is the Opinion of the Councill
that a Writt of Restitucon shall be Issued by the Clark of the Gen’all
C°rt on the sd Order of the Gen’all Cort out of the Secretarys Office.

Upon Reading the Peticon of Rob* Beckford in the behalfe of
himselfe & Others Owners of the Ship Wm & Jane als [alias] Flyeing
Hart, setting forth y1 ye sd ship Wm & Jane als Flying Hart, have [has]
been lately taken from the Subjects of the French King, as a Prize
between the Islands of Pettit Guaves & Hispaniola, by Cap1 Stephen

K of his Maties ShiP the Bristoll, & since sould to Cap1
Wdhs Wilson, & the Peticoner by Cap1 Thomas Dilks Commander of
his Ma ies Ships of Warr in the Westindies, & forasmuch as ye Peti¬
coner does humbly Conceive that ye right & property of the sd ship
>y Vertue of the sd Sale is Vested in them, The Peticoner therefore
humbly prayes, that the sd Ship may be admitted to trade after the
Condemnacon in the Court of Admlty, the Owners thereof being ready
to give Security, to answer in Virginia to his Malie the Sum of one
thousand Pound Sterling money, If they do not produce a Discharge
from Ungland w1 in the Space of eighteen Months from such Persons
as shall be Comissioned by his Malie to grant the same, and also to
give such security as shall be required — which being Considered, It is
the Opinion of the Councill, y1 ye sd Ship ought to be legally Con-
demned by the Cort of Adm'ty before any Order or Security be taken
and y it does not now lye properly before his Excellency.

At a Councill held att James Citty ye 12th Aprill

1698

Wm Bird

Present

His Excellency

Edwd Hill

Edmond Jennings Esqrs

Executive Journals, Council of Colonial Virginia

381

Upon Reading a Letter from the Comrs of his Maties Customes of
the 11th of November 1697, acquainting his Excellency concerning the
discharge of a Bond sd to be given att Virginia 1693 by George Walker
Mar of the Brigantine Peyton, referred to Coll Edmd Jennings in
whose district the sd Bond was given to Examine the Clearing &
Certificate, & If agree, to affix it to the sd Bond.

Upon Reading a Lett1 from the Comrs of his Matie3 Customes of
the 28th of Janry 1697 acquainting his Excell noy concerning the Dis¬
charge of a Bond, sd to be given in Virginia by Wm Wilson Mar of the
Ship Jane & Margerett, referred to the Attorney Gen’ll (in whose hands
• the s d Bond is) to Examine ye Bond & Certificate, & If agree, to affix
it to ye sd bond.

At a Councill held at James Citty ye 13th of Aprill 1698

Present

His Excellency

Mr Secretary Wormely Coll Chr: Wormley

Mr Audit1 Bird Edward Hill

Edmond Jennings Esqr3

Mr James Sherlock Clerk of the Councill .being by sickness in¬
capable of Attending, The Attorney Gen’all is desired and appointed
to assist ye sd Sherlock & attest the Order.

The Gentlemen of the Councill appointed to revise the Lawes, ac¬
quainting his Exncy y1 it being of great Moment, prayed further time
for the Same, his Exncy Desired they would give all possible dispatch
therein.

The Sev’all Peticons exhited by divers Mars of Ships are referred
for further Consideracon.

Upon Consideration of the Peticon of Willis Wilson concerning
the Ship Flyeing Hart a Prize taken by Vice Admirall Nevill in the
West Indies, & brought into Virginia, And after the death of the sd
Nevill Sould by Cap1 Thomas Dilks Command1- of his Maties Squadron,
lately Under ye sd Vice Admiralls Command, sould to the aforesd
Wilson, & now Condemned by the Cort of Admlty in Virginia, It is
ordered that the sd Ship wth all her furniture be delivered into the Pos¬
session of the sd Wilson, and the rest of the Owners thereof, he giving
sufficient Security to his Mastie of five hundred pounds Sterling, to
answer to his Mat!e or Such Person & Persons as shall be by him law¬
fully Commissionated, such sum or sumes of money as shall be De¬
manded & due for the sd ship taken & being a Prize as aforesd

The Bonds given by the Navall Officers being read, are approved
and Ordered to be renewed accordingly

The Sloop of Mar Wm Wilson imprest to carry the Ankers, Cables
& Men, to his Maties Ship the Swift, drove on Shoar to the southward
of the Cape near Rean Oak [Roanoke], is ordered wth all Expedicon
to deliver the same where the sd ship lyes, and returne into the Serv¬
ice of the sd Wilson.

It being represented to his Exnoy that Rob1 Nichols Mar of the
Ship Rachell, Tho Pretty John Mar of the Ship Mary & Elizabeth,

382

Executive Journals, Council of Colonial Virginia

Othinell Barker Mar of the ship Endeavour, Abraham Cole Mar of ye
Ship Endeavour, Wm Churchy Mar of the Ship Success, & George
Martin Mar of the Ship Mary, have unduely, & by pretended trans¬
fers obtained their Ships to be registred & Certificates thereupon,
Upon wch the Respective Collect1,8 were Ordered, not to Permitt the
sd Ships to Sail untill the next Councill, and further Orders therein;
whereupon it is the Opinion of the Councill, & accordingly Ordered,
y4 they & every of them be under the same Circumstances they were
before Such Registr or Certificate Obtained as aforesd, & the Respec¬
tive Collect1, 8 are to take care therein.

Aprill the 15 1698
Present

His Excellency

Mr Secretary Wormely Coll Edward Hill

Mr Auditor Bird Coll Edmond Jennings

Mr Chr: Wormely John Lightfoot Esqrs

The Bond of Willis Wilson, & Wm Bird Esqr concerning the Ship
flyeing Hart is ordered to be lodged wth the Councill Papers.

The Severall Peticons exhibited to this Councill by divers Mars of
Ships concerneing the Entring and Clearing of Ships, being debated
& maturely considered, It is Ordered that the respective Navall officers
& Collect1,8 do proceed in their duty and give Dispatch to ye Ships
having regard to their Severall Circumstances according to law.

Aprill the 19 1698
Present

Ralph Wormly
Wm Bird
Chr: Wormely
Edward Hill

His Exnoy

Edm° Jennings
Richd Johnson
Char Scarburgh
Jn° Lightfoot Esqr8

Bartholmew Fowler haveing taken ye Oaths Appointed by Act of
Parlaim4 to be taken instead of the Oaths of Allegiance and Supremacy
(Subscribed the Test) as also An Oath to keep the acts of Councill
Secrett, is appointed the Kings Councill at Law, & assistant to the
Clerk of the Councill.

Ralph Wormely, Chr Wormely, Edwd Hill Edmond Jennings,
Charles Scarburgh, Peter Heyman Esqrs & Navall Officers of their
Sev’all Districts having first taken the Oaths appointed by act of Par¬
laim4, to be taken instead of ye Oaths of Allegiance & Supremacy
(Subscribed ye Test) were Sworn to the trew Performance of the Place
of Navall Officer & Collect1, , according to the Acts of Parlaim4 of the
7th & 8th of his Matie & other acts for Trade & Plantations

Upon Reading ye Peticon of Cap4 Wm Bostock praying further
Assistance of men & Materialls, for the getting of his Maties Advice
Boat the Swift, It is the Opinion of the Councill, that Nothing further
Necessary to be done for that Service, then has been already done.

Executive Journals, Council of Colonial Virginia

383

Aprill the 21 1698
Present

Ralph Wormely
Richd Lee
Wm Bird

Christo: Wormely

His Excellency

Edwd Hill
Edm° Jennings
Richd Johnson

Charles Starburge [Scarburgh]
Jn° Lightfoot Esqra

Richd Lee Esqr, Navall Officer for the Upper District of Potomack
River, haveing first taken the Oaths Appointed by act of Parlaim4 to
be taken instead of the Oaths of Allegiance & Supremacy (subscribed
the Test) was sworne to the True Performance of Navall Officer, ac¬
cording to the Acts of Parliam4 of the 7th & 8th of his Matie & other
acts for Trade & Plantations.

Upon Peticon of James Perryman Mar of the Ship Called ye
Seaventh Sonn Friggott, It is the Opinion of the Councill y4 Mr Peter
Lleyman Collector of the lower district of Jam..s River, who has made
seizure hereof, do immediately bring the sd Ship to tryall According
to Law.

Ralph Wormly
Richd Lee
Wm Bird
Chr: Wormely

Aprill the 26th 1698

Presnt His Excellency
Edwd Hill
Edm° Jennings
Richd Johnson
Char: Scarburgh
Jn° Lightfoot Esqrs

Upon the Peticon of Cap4 Henry Jenkins concerning ye Ship the
S4 Lewis of Martinicoe, A Prize taken by the Squadron belonging to
Vice Admirall Nevill in the West Indies, & brought to Virginia, & sold
by the sd Nevill to the sd Jenkins, now Condemned by a Court of
Admlty in Virginia; It is Ordered that the sd Ship wth all her furniture
be delivered into the Possession of the sd Jenkins, he giveing Sufficient
Security to his Matie of one hundred pounds sterling money, to answer
to his Ma4ie or such other Person or Persons as shall be by him law¬
fully Commissionated, such Sum or Sumes of Money, as shall be de¬
manded, and due for ye sd Ship taken & being a Prize as aforesd

His Excellency was Pleased this Day to Appoint & Commissionate
Sherriffs for the severall Countys, wch in this his Ma4ies Collony &
Dominion of Virginia.

His Exncy was Pleased this day to signe the following War’ts upon

the Establishment.

To his Exnoy one years Sailary ending Lady day last._ . 2000

To his Exnoy for one years house rent Ending on Lady day

Last . . . - . - _ _ 150

To ye Gen4 of ye Councill Ending ye 27th Aprill . 350

To Wm Blaythwayt Esqr ending Lady day last.. . . 100

To Jno Povey Solicitor Ending Lady day last . 100

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Executive Journals, Council of Colonial Virginia

To ye Attorney Gen’all ending 21 st / pr: last—. . 40

To Mr James Sherlock Clerk of ye Councill Ending the 26th

of Febr last . . . . . . 50

to Jn° Chyles ending Lady day last . . . . . 25

To Jn° Chyles sent Express to Maryland & New York wth

Packetts for those Govermts from Whitehall . . 15

To ye Ministers for ye Gen’all Corts & Assembly..— . . 15

To Edward Ross Gunnr of James Citty ending at Lady day

last.. _ _ _ _ _ _ 15

To Joshuah Broadbent for eight months Sloop hire, & c to ye

day he was Discharged out of his Maties Service _ 144

The Audit is appointed to be ye 6th of July Next.

At a Councill held at ye Main the 1st June 1698

Present

His Excellency

Edward Hill Richd Johnson

Edmund Jennings Jn° Lightfoot Esqrs

His Excellency was pleased to lay before ye Board, a Letter from
his Grace ye Duke of Shrewsbury of the 25th of Septembr 1697. sig¬
nifying to his Excellcy, that his Majtie having taken into Consideration,
how much it concerns the good of his Subjects, and the Security of
Trade, That all Pirates, & Sea Rovers should be surprest, who are ob¬
served to increase in their Numbers, & to have done great damage as
well to his Maties Subjects, as to ye Subjects of other Princes, & that
they have been incouraged to their Boldness by ye easy admittance
they have found into his Majties Colonyes & Plantations in America;
He therefore signifies his Express pleasure to ye respective Governours
of the Colonyes aforesd, that they use their utmost diligence, & strictly
injoyne ye same to all Officers under their Command, to arrest, seize
& secure the Ships, Persons, & Effects of all such Pirates & Sea Rovers.
His Excell cy acquainted the Councill, that persuant thereunto, he had
Issued his Orders (wch he shewed to ye Board) to all Navall Officers,
Collecto™, Sheriffs & Justices wthin this Goverm1 to use their utmost
diligence, to arrest, seize, & secure the Ships, Persons, & Effects of all
such Pirates & Sea Rovers accordingly, & desired their advice If any
thing more necessary, who are of Opinion, that there is nothing wanting
or further to be done therein.

His Excellency was pleased to lay before the board a Letter from
ye Lords of ye Councill for Trade & Plantations, of ye 23 d of February
1697-8, wth a Proclamacon inclosed, prohibiting his Majties Subjects
to enter into ye service of Forreign Princes, & States, & to cause it to
be published in the Usuall places wthin this Majties Goverm1, & that
he did forthw11' send his Orders wth Proclamacons to ye respective
Countys for publishing the same in ye Usuall Places wthin this Gov-
ernff, wch he recommended to their particular care to be observed;
his Excellcy also desired ye Opinion of ye Councill, on a Paragraph of
the s d Letter, intimating the needfullness of having persons constantly

Executive Journals, Council of Colonial Virginia

385

residing in England as Agents, It is further the Opinion of ye Councill,
that the further Consideration thereof (there being so few of them) be
referred to ye Next Councill.

Upon Reading a Letter from the Comra of his Majties Customs
of ye 29th day of Novembr, 1697 for ye discharge of a Bond sd to be
given in ye year 1694 by Cap1 Williams Command1" of ye Ship Katherin
foundred at Sea; His Exoy delivered to Mr Attorney Gen11 the Lett1" &
Affidavitt to be affixed to ye sd Bond.

His Excellency having directed a Coppy of ye Laws now in force
to be put into one body persuant to their Lordships Commands of ye
2 d of Septembr wch having been considered by y e Gentlemen appointed
to revise ye same, persuant to former Ordrs of Councill, they report,
they cant further proceed therein, being a matter of great Weight &
Importance. It is ye Opinion of ye Councill, that ye further consider¬
ation thereof, is referred to ye Next Councill.

His Excell ey was pleased, persuant to commands from ye Lords
of his Majties Councill for Trade & Plantacons in their Letter of ye
2d of Septemb1" 1697, (wch his Excellency formerly laid before ye
Board) relating to ye Act for Ports, signifying that though y e Act made
for yx purpose hath been thought inconvenient, & therefore ye Execu¬
tion thereof suspended, & though perhaps it may not be adviseable to
make any full, or possitive regulation therein, Yet the end being good,
wished his Excy that he would prepare, & send their Lordships a draft
of an Act, y‘ may have some tendency toward it (though not full) that
might best suite ye Circumstances of ye Country. His Excell cy de¬
sired ye advice & assistance of ye Board, for such a draft of an Act, as
is directed by their Lordships, who upon reading & further Consider-
acon thereof, are of Opinion, the appointing of Places, for ye loading,
& unloading of goods & Merchandizes only tends to ye same Effect,
& the most suitable to ye Circumstances of ye Country & Conceives,
answers an act for that purpose.

E Jenings Depty Secry

At a Councill held at James City the 6th July 1698.

Present

His Excellency

William Byrd Edward Hill

John Lightfoot Esqrs

There being so few of the Councill Adjourned ’till tomorrow morn¬
ing.

The 7th July 1698.

Present

His Excellency

Wm Byrd Edmd Jenings

Edwd Hill Jn° Lightfoot Esq”

There being no more of the Councill present The Consideration
of ye draught of an Act relateing to Ports referred to this Councill tho

386

Executive Journals, Council of Colonial Virginia

omitted to be Inserted ia the last order, as also the reviseall of y0
lawes & Sending of Agents to reside in England is Continued to a fuller
Councill.

The 8th July 1698.

Present

His Excellency

Wm Byrd Edmund Jenings

Edwd Hill John Lightfoot Esqrs

It haveing pleased Almighty God to visit Severall parts of this
his Majtie3 Colony & Dominion of Virginia with great Sickness & Mor¬
tality. His Excy was pleased with the Advice of ye Councill to ap¬
point a Day of publick fasting & humiliacon to be kept & observed at
James City & parts adjacent on fryday the 15th of this Instant July
and on fryday ye 22 d through the whole Dominion to Deprecate the
Divine displeasure for our Sins & implore his Mercy & favour in the
restoreing health in our habitations and that Mr Attorney Generali do
prepare Proclamations to Signify the Same accordingly.

Coll° Christopher Wormeley Navall officer & Collector of his
Majties Dues Ariseing in this Country of the lower district of Poto-
meck river being lately decd his Excy was pleased to aske the advice
of ye Gent: of the Board wffiat persons proper in those parts to Execute
the said office who acquaint his Excy that they know none there but
Mr Sam1 Griffin late Depty to Coll0 Wormeley.

Upon reading the petition of Walter Cock Setting forth that he
with John Smart of this Collony haveing purchased a Shipp at Caroso
called the Hope one Deck & a halfe, Square Stern’ d about Seventy five
Tuns built at New York in America in 1695, which Shipp being without
Register as appointed by Act of Parliament, the Petition1 3 therefore
pray that the Ship Hope may be Registered & Admitted to trade, or
[on] consideracon thereof It is ye opinion of the Councill that the sd
Shipp be Registered he the said Cock giveing bond with good & Suffi¬
cient Security of five hundred pounds Sterl. that the Shipp Hope
Shall goe for England & Answer the Comissionrs of his Majties Cus-
tomes to what may be objected against her.

His Excy was pleased to appoint the Councill to meet the 17th
of August next.

At a Councill held att James City the 18th August 1698

Present

His Excellency

Mr Secry Wormeley Edward Hill

William Byrd Edmd Jenings

Richard Johnson Esqrs

His Excy haveing formerly laid before this Board a Letter from
the Lords of the Councill for Trade & plantations directing the draught
of an Act that hath Some tendency to the Act for Ports that may best

Executive Journals, Council of Colonial Virginia

387

Suit to the present Circumstances of this Country for their proceedings
thereon upon further Consideracon and Debate of the Same It is the
opinion of the Councill that it be referred to next Councill for a fuller
Board.

The Gentlemen of the Councill appointed to revise the Lawes of
this Countrey pursuant to Comands & Directions from the Lords of
the Councill for Trade & plantations are Ordered to make their report
to the Board in writing why they have made no effectuall progress
therein

The Lords of the Councill for Trade & plantations by their Letter
of the 23 d of Febry 1697-8 haveing intimated the needfullness of Send¬
ing Agents to reside in Engld for this his Majties plantation which
haveing been laid by his Excy before former Councills for their Con¬
siderations & proceedings thereon & being referred from the last Coun¬
cill & againe read & debated It is the opinion of the board that the same
be referred to the meeting of the next Gen11 Assembly.

His Excy was pleased to have read in Councill a Letter from the
Lords of the Councill for Trade and plantations of the 21st March
1697-8 in which was inclosed a copy of an Act passed in the Island
of Jamaica for the restraineing & punishing Pyrates & Privatiers di¬
recting his Excy to promote the passing of an Act to the Same effect
in this His Majties Colony of Virginia.

His Excy was pleased with the Advice of the Councill to appoint
a Gen11 Assembly to meet at James Town the 28th September next and
Ordered, that writts be prepared for the Election of Burgesses accord¬
ingly.

His Excy laying before the Board a Letter from the Governor of
Maryland of the 2d June 1698. with severall other papers & a copy of
a warrant lately issued under the hands & Seales of the Governor and
three of the Councill directed to the Sherriff of S* Maryes for the ap¬
prehending Mr John Cood Gerrard Sly & others in which he desires
his Excy to give Orders for the apprehending of the sd Cood & Sly &
others if within this Government, on Consideracon of the whole matter
and in regard his Excellencys warrant was before issued & still lyes
out for ye apprehending of the sd Mr John Cood if within this Governm6
and also that it doth not appear that the sd Sly & others are fledd or
any proceedings to warrant the takeing them up but in Sl Maryes
County. It is the opinion of ye Board that nothing can or Ought to
be more done by his Excellency therein.

The 19th August 1698
Present

His Excellency

Mr Secry Wormeley Edward Hill

William Byrd Edmd Jenings

Richd Johnson Esqrs

Upon reading a Letter from Mr will0 Allerton of the 14th July
1698. acquainting his Excy that Mr Spencer was gone for England &

388

Executive Journals, Council of Colonial Virginia

had left him his Deputy in the Collected 8 Office & requested him that he
would send to his Excy a Complaint against the Court of Northum¬
berland County Dated the 20th May 1698, for not admitting ye
Shipp Johannah of New York (under Seizure) to tryall which Letter
his Excy recd the 26th of July last and Immediately referred the Same
to the Attorney Gen11 who reports that he can find no Sufficient ground
of Complaint against the said Court. It appeareing also that the Shipp
Johannah of New York was Registered and Sailed before ye time of the
date of the aforesaid Letter on Consideration thereof It is the opinion
of the Councill and Ordered that the said Court of Northumberland
County do return answer to the aforesd Complaint and that Mr Aller-
ton do forthwith return an account of ye sd Shipp Johannah & also
what further proceedings hath been made therein.

The Severall Petitions to his Excy wth Accounts and Claimes of
money due for publick Services Referred to Mr Auditor Byrd to Ex¬
amine and report the next Councill.

Abraham Spranger Attorney of James Wagstaff and Owners of
the Shipp Ruth & Mary by his petition Setting forth that whereas the
said Shipp Ruth & Mary was brought into this his Majties Governmt
and her with the Loading put into the possession of Coll° Edmund
Jenings And that whereas by a Decree of the high Court of Admiralty
the sd Shipp & Loading was adjudged to the said Wagstaff & Owners.
It is therefore Ordered, that the said Coll° Edmund Jening;s Deliver the
Same pursuant to the sd Decree.

At a Councill held at James City ye 29th September 1698.

Present

His Excellency Sr Edmd Andros Kffi Govr & c.

Edmd Jenings
John Lightfoot Esqr3

Mr Auditor Byrd
Edward Hill

His Excellency acquaints the Board he was in hopes of a fuller
Councill especially on this Occasion of the Assembly which now was
necessary to be Spoke to. And that there Stood referred to the Coun¬
cill his Majties Comands relateing to the revisall of ye Lawes and for
Ports, the matter relateing to Agents, and the Lords of the Councill’s
Comands for restraineing of Pyrates & Privateers, and further named
the heads of what he thought proper to be mentioned to the House of
Burgesses in his Speech viz‘ His Majtiea Command8 for the passing an
Act for restraineing & punishing of Pyrates & Privateers to recomend
to them the observing an Act of Parliam* of the 7th & 8th of his majty,
his Majties Indulgence to this GovernnV, And the Debt on the revenue
And also their Consideracons of Settling ferryes & Licentious abuse of
Strong drink & Occasions of immorality & Vice, and ascertaineing Jury
men to attend Courts; And desired the Councill if they thought any
thing further Necessary they would acquaint him with it, the Councill
are of Opinion that what is above recited is well And Nothing further
proper to be Spoke to by his Excellency on this Occasion.

Executive Journals, Council of Colonial Virginia

389

October 5th 1698.

Present

His Excellency

Richard Lee Edward Hill

Mr Auditor Byrd Edmd Jenings

John Lightfoot Esqrs

His Excellency was pleased to lett the Councill Know that there
Stood referred to their Consideration his Majties Comands relateing to
the revisall of the Lawes & Act for Ports And the matter relateing to
Agents of which desired their resolution.

His Excellency was pleased to Acquaint the Board that he under¬
stood there was one of the House of Burgesses that was not a Native
of England, Ireland or the plantations, the Act of Parham4 for prevent¬
ing Frauds & regulating abuses in the plantation trade and the Lords
Justices Comands therein being read desired the Advice & Considera¬
tion of the Councill thereupon, which being a matter of Moment the
Councill pray further time for Consideration thereon, and is referred
’till tomorrow Morning.

October 6th 1698.

Present

His Excellency

Richard Lee Edward Hill

William Byrd Edmd Jenings

John Lightfoot EsqrB

Francis Clements Sworn Clerke of ye Councill

His Excellency haveing been yesterday pleased to acquaint th s
Board that he und rstood there was one of the members of the Ho ise
of Burgesses who was not a Native of England Ireland or the planta¬
tions, the Act of ParlianP for preventing Frauds & regulating abuses
in the plantation trade And the Lords Justices Comands thereon being
read: desired the Advice & Consideration of the Councill thereupon
which being a matter of Moment the Councill prayed further time for
Consideration thereon And the Same Standing referred to this day-
It is the Opinion of the Councill that the Same is within the above
recited Act of Parliaiment His Excellency thereupon desired the Opin¬
ion of the Board what measures might be proper to be taken on this
occasion, Are of Opinion that the House will hardly be prevailed with
to discharge the said member, whereupon his Excellency was pleased
to Say that for Avoyding greater inconveniencies he could think of no
other way but to give them a recess.

390

Executive Journals, Council of Colonial Virginia

October 7th 1698
Present

His Excellency

Richard Lee Edward Hill

William Byrd Edmd Jenings

John Lightfoot Esqrs

On Informacon from ye Lords of His Majties Councill of trade of
great Complaints against Pyrates & Sea Robbers, Ordred that a Proc¬
lamation issue prohibiting ye Entertaineing. And for Seizeing of Such
if found in this Government.

Ordered that the Gentlemen of the Councill appointed to revise
the Lawes of this Countrey pursuant to Commands & directions from
the Lords of the Councill of Trade & plantations And Order of this
Board have Notice given them to make their report at the next Coun¬
cill.

The Consideration of a Letter from the Lords of the Councill for
trade & plantations directing the draught of an Act that hath Some
tendency to the Act for Ports that may best Suit to the present cir¬
cumstances of this Country referred by an Order of Councill to the
next for a fuller Board is referred to the next Councill

The Consideration of Sending of Agents to reside in England re¬
ferred to the next Councill

His Excellency haveing laid before this Board a Letter from his
Excellency the Governor of Maryland of the 6th of September 1698.
wherein it is Signified that he had transmitted to his Excellcy a tran¬
script of a Second Bill of Indictment against Mr John Cood now found
by the Grand jury, Also copies of the representations of his Majties
Justices of the Provinciall Court & the Grand- Jury relateing to the
said Cood, & the late troubles & Comotions by him raised & Set on
foot in that Province, upon which Occasion, he is obliged with the Ad¬
vice of his Majties HonobIe Councill there to press his Excellency once
more that he will take Such effectuall care that the said Cood may be
very Speedily Secured & delivered up to Justice in that Province, for
prevention of further disturbance for Securing the peace of that his
Majties Province, this Board haveing fully Considered the whole mat¬
ter, And his Excellency haveing upon the first Notice thereof issued his
Warrant for Apprehending the said Cood by which he might have been
taken if in Virginia. Are of Opinion that nothing further is proper to
be done at this time but that copyes of all papers & proceedings con:
cerning the Same be transmitted for England.

A Survey of a certain quantity of Land on the South Side of the
blackwater Swamp given by his Maities gracious Charter to the Trust¬
ees for the use of the Colledge of William & Mary being brought from
the Secretaries Office & laid before this Board is referred to the said
Trustees for their approbation.

Ordered, that all Shipps or vessells comeing into this Dominion
be rated for payment of the fort Duties according to the tunage Ex-
prest in the Certificates of their Severall Registers.

391

Executive Journals, Council of Colonial Virginia

The Consideration of the Rangers is referred to the meeting of the
Councill in the time of the Generali Court.

At a Councill held at James City the 15th October 1698.

Present

His Excellency Sr Edmd Andros Govr & c.

Richard Lee Edmd Jenings

Edward Hill John Lightfoot Esq”

His Excellency was pleased this day to move in Councill that
there being a vacancy in the Councill, whether there was not an ab¬
solute & immediate Necessity of Supplying thereof. It is the Opinion
of this Board that the sd Vacancy be forthwith Supplyed, His Excel¬
lency thereupon was pleased to name Majr Dudley Digges which was
to the great Satisfaction of ye Councill.

His Excellency haveing this day Communicated to this Board a
Letter from his Excellency the Governor of Maryland dated the 3 d
of October Instant wherein he desires his Excellency to Give Orders
for the apprehending & delivering up of Mr John Cood Senr to Justice
in that Province with Duplicates of the presentment of the Grand-Jury
& the representations of the Grandjury and Gentlemen the Justices
of his Majties Provinciall Court & copy of a Proclamation issued there
which being Considered by this board, are of Opinion, that all care
therein hath been taken hitherto but upon the copy of a Proclamation
Sent by the Governor of Maryland dated the 14th of September last
Ordered that a Proclamation be prepared for apprehending the Said
Cood if in Virginia.

October 17th 1698.

Present

His Excellency

Richard Lee Edmd Jenings

Edward Hill John Lightfoot Esqrs

Major Dudley Digges haveing first taken the Oathes appointed
by Act of Parliament to be taken in Stead of the Oathes of Allegiance
& Supremacy & Subscribed the test was Sworn of his Majtiea Councill
and took his place at the Board accordingly.

Present

His Excellency

Richard Lee Richard Johnson

Edward Hill John Lightfoot

Edmd Jenings Dudley Digges Esq”

A Proclamation being prepared & read at the Board for the appre¬
hending John Cood Senr late of S4 Maryes County in Maryland (if
found within this his Majties Dominions of Virginia) in which the re¬
spective Sherriffs are Commanded to Secure ye Said Cood if taken And

392

Executive Journals, Council of Colonial Virginia

forthwith to give Notice to his Excellency or One of his Majties Coun-
cill of this Dominion. Ordered, that the Same be issued And upon
such Notice given of the Said Cood apprehended to be forthwith Sig¬
nified to the next Justice of the Peace resideing in Maryland Acquaint¬
ing him in what County & whose Custody the said Cood is, for the said
Governments Sending to receive him And that Care be taken for the
Safe delivery of the Said Cood to Such person or persons as they shall
Send, & for all necessary Assistance for his Safe Conveyance hence.

At a Councill held at James City the 20th October 1698.

Present

His Excellency Sr Edmd Andros Kn* Govr & c.

Ralph Wormeley Edmd Jenings

Richard Lee Rich d Johnson

Edward Hill John Lightfoot

Dudley Digges Esqrs

His Excellency takeing into Serious Consideration the unfortunate
Accident which this day happened to the State house by being burnt
down & the Publick records & papers of this Countrey (there kept)
which were forced to be hurryed Out & thrown into heaps & desireing
the Opinion of the Councill what present Care Should be taken thereof
likewise called into The Councill Chamber Such of the Noted Gentle¬
men of this Countrey as were present in Town of which appeared Will¬
iam Randolph Esqr Majr Lewis Burwell, Coll° Phillip Lightfoot Cap*
Wm Leigh Cap* Gawin Corbin, Mr Benjamine Harrison Majr Peter
Beverley, Majr Thomas Ballard, Cap* Miles Carey, Cap* John Taylor
Cap* Wm Buckner & Cap* George Marable. It is considered & accord¬
ingly agreed that Mra Sherwoods brickhouse in James City (if it may
be obtain’d) is the Most Secure & Convenient place for the present
Lodging the said Records Whereupon the said Gentlemen being re¬
tired It is Ordered that Peter Beverley Gent. Clk. of the House of
Burgesses and Robert Beverley Gent Clk Gen11 Court do forthwith go
to Mrs Sherwoods & aske her Consent for the use of her Porch Cham¬
ber & Chamber Adjoyning in her said house for the said papers & the
said Peter Beverley & Robert Beverly being returned report to this
Board that She is well Satisfied & willing to Spare the Said roomes for
that use.

It being represented to this Board that it is Suspected the State
house was purposely and willfully Sett on fire. Ordered, that Phillip
Lightfoot Esqr & George Marable Gent two of his Majties Justices of
the Peace for this County of James City being now in town together
with Lewis Burwell William Leigh Benj a Harrison John Taylor &
Miles Cary Gent make Strict inquiry into the begining & Cause of the
said fire & take what Orders Shall be necessary therein.

His Excellency being pleased to aske the advice of the Councill
in what place the Gen11 Court Should now be held the State house
being lost by fire It is the opinion & Advice of ye Councill that the

Executive Journals, Council of Colonial Virginia

393

Same be held in the great Hall at Mrs Sherwoods house ’till farther
conveniencies are made, And Ordered accordingly.

Coll° Samuell Griffin who was formerly Continued Deputy Navall
officer & Collector pro tempore upon the Death of Coll® Christopr
Wormeley Navall officer & Collector of the Country Dues in the Lower
district of Potomeck river being unable to discharge so great a trust
and Service by reason of age & Infirmities & the Councill not knowing
of any other person near Thereto capable & responsable for the sd
office & trust but Coll° Richard Lee The present Navall Officer &
Collector in the upper district his Excellency thereupon was pleased to
appoint the said Richd Lee to be Navall officer & Collector of the said
Lower district.

October 21st 1698.
Present

His Excellency

Edmund Jenings
Richard Johnson
John Lightfoot

Ralph Wormely
Richard Lee
Edwd Hill

Dudley Digges Esq

r s

Ordered, that Publication be immediately made in all publick
places in James City that all persons that have found or know of any
persons that have found or taken up any bookes or papers which may
have been Scattered by reason of the Accident of fire which happen d
to the State House forthwith give an account Thereof & bring the Said
Bookes & papers into the Secretaryes office now kept at Mrs Sherwoods
brick house in James City. And Proclamations to be prepared for
the whole Countrey.

His Excellency understanding that the Gen11 Records & papers of
this Countrey both those belongin to the Assembly those belonging to
the Gen" Court & Secretaryes office are altogether disordered & mixed
one with the other desired the Advise of the Councill what further Care
Should be taken of them It is the opinion & Advice of the Councill
that the Same Should be listed as well all the papers as bookes & rec¬
ords & to be lodged in their Severall offices and that Peter Beverley
& Robert Beverley being best acquainted with the sd Records perform
The Same as Soon as Conveniently may be & that they return an Ac¬
count of their proceedings therein.

The Gentlemen appointed to make inquiry into the rise & first
Cause of the fireing the State house haveing made return thereof Ord¬
ered, that it be put into Mr Attorney Gen11 3 hands for his regard thereof.

William Randolph his Majties Attorney Gan11 haveing petitioned
to his Excellency as he hath done Severall times before to have Leave
to Lay down the office of Attorney Gen” & to be discharged therefrom
which his Excellency was pleased to lay before this Board. It is the
opinion of the Councill that he have Leave to lay Down his Said place
at the End of this present Gen” Court, & be then discharged.

394

Executive Journals, Council of Colonial Virginia

October 22, 1698.

Present

His Excellency

Ralph Wormeley Edward Hill

Richard Lee Edmd Jenings

Richd Johnson Esqrs

Pursuant to his Excellencies Comission Granted to Richd Lee for
Navall officer & Collector in the Lower district of Potomeck river the
said Lee haveing first taken the oaths appointed by Act of Parliament
to be taken in Stead of the Oathes of Allegiance & Supremacy & the
test took the Oath of Navall Officer & Collector of two shillings per
hhd & port Duties.

Pursuant to his Excellencies Comission Granted to Gawin Corbin
Gent to be Collector of his Majties Duties Ariseing by Virtue of the
Stat: 25th King Charles the Second within the district of Rappahanock
river in theroome of Coll° Chr Wormeley decd The said Corbin haveing
first taken the Oathes appointed by Act of Parham* to be taken in
Stead of the Oathes of Allegiance & Supremacy & the test tooke the
Oath of Collector aforesaid.

October 24th 1698
Present

His Excellency

Ralph Wormeley Edmd Jenings

Richard Lee Rich d Johnson

Edward Hill Dudley Digges Esqr3

Cap* John Aldred Commander of his Majties Shipp the Essex
Prise haveing by Letter Complained to his Excellency for want of pro¬
visions and Credit for Supply of his Majties said Shipp, which his Ex¬
cellency was pleased to Lay before this Board, and haveing sent for
said Aldred who Said that when he wrote the said Letter his Excellency
prest him in time to Cruise but now the Season of the yeare haveing a
Little further Advanced he had the promise of as many Beeves as he
wanted & believed he could now be Supplyed with all the provision
he wanted haveing time given him, is allowed he makeing dispatch &
his Shipp to be at point Comfort in readiness for present Service.

The Gent, of the Councill appointed for the reviseall of the Lawes
being called upon do Say they Shall be ready to make their report
tomorrow morning.

Pursuant to former Orders of Councill Richd Lee, Richard John¬
son & Dudley Digges Esqrs are appointed to make report of the draught
of the Act for Ports tomorrow.

His Excellency remindeing the Councill upon a Paragraph of the
Letter from the Right Honoble the Lords of his Majties Councill for trade
& plantations for appointing Agents for this Colony to reside in Eng¬
land. It is the opinion of the Councill that Mr William Byrd be ap¬
pointed Agent.

Executive Journals , Council of Colonial Virginia

395

October 26th 1698.

Present

His Excellency

Ralph Wormeley Edmd Jenings

Richard Lee Richd Johnson

Edward Hill John Lightfoot

Dudley Digges Esqr8

The Gentlemen of the Councill appointed to revise the Lawes have-
ing made their report in these words Whereas the R‘ Honoble the Lords
of his Majties Councill for trade & plantations by their Letter of the
Second of September 1697 Were pleased to Comand his Excellency
that the Lawes of this Countrey should be revised & those in force
Compiled in one body & ca. And Whereas his Excell cy thought fitt to
Lay the Same before the Councill And by Order of Councill of the 8th
march 1697-8 We the Subscribers were appointed to revise the Same
And his Excellency haveing Caused the Said Lawes in force to be put
into one body which being perused & Considered by us, do report that
the Same is as effectuall & full as can be done by us, dated the 25th
day of October 1698. which the Councill agreed to.

It being moved at the board whether all Tobaco brought from other
ports to be Shipped in this Government should pay the Duties here
Ordered all Tobacco Shipped in Virginia pursuant to his Majties Co-
mands pay Virginia Duties.

October 28th 1698
Present

His Excellency

Ralph Wormeley Edm° Jenings

Richard Lee Richd Johnson

Edward Hill John Lightfoot

Dudley Digges Esqr8

The Letters & papers concerning the proceedings in Maryland
against John Cood Senr being transcribed & perused in Councill, Ord¬
ered that they be transmitted to England with the other publick papers.

The Gentlemen appointed haveing made report of a draught of
an Act for Ports, in ye following words (viz1) the paragraph of the
Letter to his Excellency from the Lords of his Majties Councill of
Trade & plantations relateing to the Act for Ports in Virginia. Signi¬
fying that tho the Act made for that purpose hath been thought Incon¬
venient and therefore the Execution thereof Suspended, And though
perhaps it may not be advisable to make any full & positive regulacon
therein yet ye End being good, wished his Excellency that he would
prepare & Send their Lordships the draught of an Act that may have
some tendency towards it that might best Suit the circumstances of
y6 Country being formerly by his Excellency laid before ye Councill
and referred to us to report thereupon we are of opinion that the ap¬
pointing of places for ports for the Loading & unloading only the

396

Executive Journals, Council of Colonial Virginia

goods and Merchandizes in the four great rivers (viz1) two in each
river Except James river where there might be three viz* one at James
City, another in the Freshes and another in the Salts in all which ports
if his Majty had ware houses built as is done in the Ports of England
would mightily Advance & facilitate the End proposed & be most
Suitable to the Circumstances of the Countrey especiallly if all due
incouragement were given to such ports and to all persons that would
then be invited to reside in them & that no Limitations or restrictions
should be put upon them except what are absolutely Necessary to the
advancement of trade & agreeable to the practice of the most Skilfull
tradeing people it being more Adviseable to draw trade then to force
it, with Generali heads we hope with Submission may Answer the
draught of an Act for ports which is approved of by the Councill

In consideration of the Act appointing Rangers which expires the
last of this month & his Excellcy desireing the Councills opinion &
Advice thereon It is the opinion & Advice of the Councill that the win¬
ter being now Entred & no apprehensions yet of any Indian Enemy
there is no Occasion of keepeing up the sd Rangers any Longer.

Whereas at the last Councill the Severall Accots of Claimes upon
his Majties revenue of this Country were referred to Mr Auditor Byrd
to Examine & report to this Councill and the sd Auditor being hindered
therein by his Sickness & Indisposition which Still continued & not
haveing made report thereof but return’d them to this board for their
Consideration whereupon ye Councill takeing the same into Examina-
con doe think fitt that there be allowed as followeth
To Richard Dunbar for Extraordinary Services as Gunner

at Tindalls point . . 2: 8:6

To: Edward Challice for Messages.. . . . . 4:15:0

To Hugh Challice for Messages. . . . . . . 2:10:0

To: William Wager for Messages _ _ _ _ _ 12:10:0

To: mr James Sherlock to Messages pd by him . . . 2:10:0

To: John Kingson of Glostr County for Messages.. . 4: 7:6

To: Robert Beverley for Messages pd by him . . . 15: 0:0

To: Thomas Wells for Messages pd by him . . . . 6: 0:0

To: Roger Williams Cooper for trimming the powder barrels 7:10:0

To: Edward Ross for messages _ _ _ _ _ _ _ 3:15:0

To: Coll0 Edmd Jenings for so much pd by him for Messages!

& tarr for ye Carriages at York . . . . J 4: 5:0

To: Cap* Wm Randolph Execr of Hugh Davis for Messages'!

pd by him...... . . . . . j 1:10:0

To: John Chiles for messages..... . . . . 1:10:0

To: Mr Peter Hey man for messages. . . . . 15: 3:0

To: Wm Wager for messages he paying Edwd Ross for his!
horse & 20 s. borrowed of him as menconed in ye ac-f
count... . ....) 6:15:0

90: 9:0

Upon Examination of the Gunners Claime at Tindalls point the
Councill finding a Clayme for Storage in Secureing the Stores of Warr

Executive Journals, Council of Colonial Virginia 397

there. Ordered that there be a Survey made of the house built at the
said point for the said Services and what the repaire thereof will Cost
and that the Same be reported to the next Councill

The Severall Claymes for Services done relateing to his majties
Shipp the Swift Advice boat lost the last winter are referred to Mr
Auditor Byrd to be Considered with the account of Stores left in this
Countrey by the Comander of his Majties said Shipp.

Mr Secry Wormeley haveing represented to his Excell cy that ac¬
cording to Verdict found against Arthur Jarvis of James City Yeoman
for Burglary & Felony, he had passed Sentence of Death upon the
said Arthur and that he the said Arthur had begged to be transported,
His Exoy was pleased to aske the advice of the Councill what was
proper by him to be done therein. The Councill are of Opinion & ac¬
cordingly doe represent to his Excy that the said Arthur is a fitt object
of Mercy his Excellency thereupon was pleased to declare that the
Said Arthur is hereby repreived for transportation.

William Randolph Esqr his Majties Attorney Gan11 haveing con¬
sidered the Evidences taken relateing to the fireing the State house,
made report that he could find no proof whereby to call any person in
Question for the Same but only found some Circumstances in the depo¬
sitions whereby Arthur Jarvis may be Suspected of doeing the same but
not Sufficient to ground any proceedings thereupon.

William Randolph Esqr his Majties Attorney Gen11 haveing de¬
livered a bundle of bonds taken to his Majesty & other papers put into
his hands as by list therwith delivered he haveing now laid down the
said office, Ordered that they be Lodged in the Clk of the Councills
office

October 29th 1698
Present

His Excellency

Ralph Wormeley Edmd Jenings

Richard Lee Rich d Johnson

Edward Hill John Lightfoot

Dudley Digges Esq™

Upon Consideration of Cap* William Randolphs laying down the
office of Attorney Gen11 And the opinion of the Councill his Majty
Should not be without An Attorney And that Mr Bartholomew Fowler
who has frequently been of Councill for his Majty in assisting the said
Attorney Gen11 is a fitt person his Excellency was pleased to appoint
the said Fowler who being called in after haveing taken the Oathes
appointed by Act of Parliament to be taken in stead of the oathes of
Allegiance & Supremacy & Subscribed the test was Sworn his Majties
Attorney Gen11 for this Colony.

E Jenings Depty Secry

398

Executive Journals, Council of Colonial Virginia

Virginia fs

In the Councill Chamber At James City the Ninth day of Decembr 1698

Present

His Excellency Francis Nicholson Esqr His Majts Lieut & Govr & c:
Edward Hill Edmund Jenings

John Lightfoot Esqrs

William Byrd Esqr and Richard Johnson Esqr, being by sickness
unable to attend at this Councill, made their Excuses (for being absent)
in their severall Letters directed to his Excellency, which he was pleased
to allow of, and Ordered that they be entered in the Councill Bookes.

Charles Scarburgh Esqr by reason of the great distance of his
Habitacon from James City, and the difficulty of passing the great
Bay of Chissapeake could not have timely intimacon of this meeting
of the Councill, therefore he was not present.

His Excellency Francis Nicholson Esqr was pleased to Comuni-
cate to the Councill His Most Gracious Majts Comicon dated the
twentyeth day of July in the tenth Year of his Reign, Under the Great
Seal of England, Granted unto Him to be Lieutenant and Governour
Generali of Virginia, And the State House being lately (by an unhappy
accident) burnt down, His Excellency desired to know which was the
most proper Place for the Publicacon of His said Comicon, in Order
to the Execucon thereof; And the Councill acquainted his Excellency
that since the burning of the State House, the Generali Court had
been held, and all other Publick affaires transacted in the Great Hall
Rented at the Publick Charge (for the Service of the Countrey) of
Mr William Sherwood lately deceased.

Whereupon His Excellency and the Councill went down into the
Great Hall aforemenconed, and there Caused his Said Comicon to be
published, the same being read (in the presence and hearing of Sev¬
erall Persons then present) by Bartholomew Fowler Attorney Gen¬
erali ;

After which was read a Comicon from the High Court of Chancery
in England, directed to Philip Ludwell Esqr and severall others im-
powering them or any two of them, to administer to His Excellency
the oaths thereto annext, being the Oath of a Governour, and the Oaths
appointed by Act of Parliament to be taken instead of the Oaths of
Allegiance and Supremacy; which were accordingly administered to
His Excellency together with the Test, appointed to be taken by the
Statute of the twenty fifth of Charles the Second.

Then His Excellency published that parte of His Majts Royall
Instruccons to Him, which appoints the Councill of this Dominion of
Virginia, Whereby His Majtie was pleased to nominate and constitute
Ralph Wormley, Richard Lee, William Byrd, Edward Hill, Edmund
Jenings, Daniel Parke, Charles Scarburgh, Richard Johnson, John
Lightfoot, John Armistead, Matthew Page, and Benjamin Harrison
Senr Esqrs to be His Councill of State for this His Colony and Dominion
of Virginia

And Accordingly His Excellency administered the Oaths appointed

Executive Journals, Council of Colonial Virginia

399

by Act of Parliament to be taken instead of the Oaths of Allegiance and
Supremacy, and the aforemenconed Test, and the Oath for the due
Administracon of the Office of a Councillor, unto Edward Hill, Esqr,
Edmund Jenings Esqr, John Lightfoot Esqr, Matthew Page Esqr, and
Benjamin Harrison Esqr, they being all the members of the Councill
then present.

Then The Oath for the due observacon of the Severall Acts of
Parliament relating to Trade, appointed, by the Act of the Seventh
and Eighth yeares of His present Majts Reign, Intituled an Act for
preventing frauds and regulating abuses in the Plantacon Trade, to
be taken by the severall Governours of the Plantacons for the time be¬
ing, or at the Entry into their Offices, by all such as should thereafter
be made Governours of the Plantacons, was pursuant to a Comicon
under the Great Seal of England, Dated the thirtyeth day of August,
in the ninth year of His Majt,s Reign, duely Administered unto his
Excellency.

Then, a Comicon to his Excellency from the Comissioners for
Executing the Office of Lord High Admirall of England Ireland & c
to be Vice-Admirall of Virginia, was published, and the Oaths and
Test appointed by Act of Parliament, were administered to Him by
Philip Ludwell, Benjamin Harrison of the County of Surrey, Matthew
Page, and Benjamin Harrison of Berkeley in the County of Charles
City, by Virtue of and Pursuant to a Power to a Power to them given
by the said Comissioners, Dated (under the Seal of the Admiralty
Office) the Eighteenth day of August 1698. After All Which, His Ex¬
cellency and the Said Edward Hill, Edmund Jenings, John Lightfoot,
Matthew Page, and Benjamin Harrison Senr Esqrs Subscribed the
Association menconed in an Act of Parliament made the Seaventh and
Eighth yeares of His Majts Reign intituled An Act for the better Se¬
curing His Majts Royall Person and Government.

Ordered, that all the aforemenconed Comicons, Oaths, and Sub-
scripsions be entered in the Councill Bookes, and in the Records in
the Secretaries Office.

A Proclamacon being prepared directing that all Officers and Mag-
istratrates both Civill and Military, should continue to execute their
Severall Offices and trusts respectively within this Government, untill
further Order should be given therein, His Excellency Signed the
same, And by the Advice of the Councill, Ordered, that the Seal of the
Colony be affixed thereto, and that the Said Proclamacon be forthwith
dispersed and published in the everall Countyes throughout this Do¬
minion.

The Councill Adjourned till tomorrow Morning.

At a Councill held at James City the tenth day of December, 1698.

Present

His Excellency Francis Nicholson Esqr His Majts Lieu*: & c.
Edward Hill John Lightfoot

Edmund Jenings Matthew Page

Benjamin Harrison Esqr8

400

Executive Journals, Council of Colonial Virginia

His Excellency thinking it for His Majts Service, was pleased to
Comunicate to the Councill Severall of His Majts Royall Instruccons
to Him, which were Read, and Ordered, that the same be entered in
the Councill Booke, that the Gentlemen of the Councill may have re¬
sort to them as Occasion shall require.

Ordered, that Mr Auditor Byrd do prepare a State of the accounts
of the Publick Revenues of this Countrey, and lay the same before
His Excellency as soon as Conveniently may be, that thereby it may
appear in what Condicon those Revenues Stand at this time.

His Majty having comanded that the Councill (besides the Oath
of a Councellour) be also Sworn to do impartial Justice in the Cases
of all kinds whatsoever that may come before them as Judges; Ordered,
that Mr Attorney Generali do prepare an Oath pursuant to the Said
Comand, to be administered to the Severall Members of the Councill,
and also that he do consider what Legall Power can be given them to
Act as Magistrates in any partes of the Colony, and prepare a Comicon
for that Service to be laid before his Excellency and the Councill at
their next sitting.

It being thought necessary to declare how process should Issue
against any Councellour, Ordered, that when they take the Oath of a
Judge, that parte of His Majts Royall Instruccon which relates thereto
be publickly read

The Consideracon of His Majts Royall Instruccons relating to the
Court of Exchequer is referred to a fuller Councill and for Mr Audi¬
tor’s being present.

His Majts Royall Instruccons relating to the Church & c being
read it is thought proper that Mr Comissary Blair be made acquainted
with the Said Instruccons, and with His Majts Comands for the al¬
lowance of one hundred pounds a year (out of the Quit-rents) to Him
as Comissary, and accordingly Ordered that he be made acquainted
therewith, and that the Warrant for the said allowance be entered in
the Councill Booke.

Ordered, that the Clerke of the Councill do inquire in the Secre¬
tary’s office for the Lists of the Militia of this Countrey and if they are
not to be found in that Office, that he give intimacon thereof to the
Respective Comanders in cheif in the Severall Countyes, and Ac¬
cordingly Ordered, that they do prepare and transmit the same to be
laid before His Excellency and the Councill at their Next sitting

Ordered, that His Majts Royall Instruccons concerning particular
persons takeing up great quantityes of Land be published the next
Generali Court.

Ordered, that His Majts Royall Comands for Surveying the Col¬
ony, be referred the Consideracon of a fuller Councill.

Ordered, that His Majts Royall Instruccons relating to Quitrents
and Land in this Colony and concerning the Salaryes of the Governour
Councill and likewise that Instruccon about the Receiver Generali,
and the sale of the Quit rents, be all of ’em sent to Mr Auditor Byrd
that he may give his answer thereon to the next Councill.

His Majts Royall Instruccons for the building of a House for the
Governour, is referred till the meeting of an Assembly.

Executive Journals, Council of Colonial Virginia

40!

Ordered, that the respective Collectors and Navall Officers of the
severall Districts within this Colony do transmit to his Excellency
Copyes of their Instruccons that they have received either from Eng¬
land or here, and what they have received from Edward Randolph
Esqr His Maj4s Surveyor Generali of the Customes, and what Depu-
tyes they have, and what number of printed Certificates they have, and
if a Booke of Rates and all the late Acts of Parliament relating to
Trade, and what fees they take.

Ordered, that the Secretary give his Excellency a List of all the
Records and material papers in the Secretary’s Office; and also that
the Clerke of the Councill, and Clerke of the House of Burgesses do
the same of all Papers and Bookes in their Possessions.

His Excellency laid before the board His Majt8 Royall Instruccons
upon the Acts of Trade, the Consideracon whereof is referred to the
next Councill.

Ordered, that Edmund Jenings Esqr Deputy Secretary of this
Colony, do wait upon Sir Edmund Andros late Governour of Virginia,
to desire and receive of him all Letters and other Publick Papers, trans¬
mitted to him either from England or any other Place, which are in his
possession relating to this Government.

Ordered, that Cap* John Aldred Comander of His Maj43 Ship the
Essex-Prize do forthwith transmit to His Excellency an Account what
Condicon the Said Ship is in, and how fitted and ready for His Maj4*
Service, and that he also send His Excellency a Copy of His Instruccons

Mr James Sherlock Clerke of the Councill not being present and
his Excellency being acquainted that he is, and for some time hath been
debilitated, and asking the Opinion of the Councill if ’tis for his Maj4*
service that he be continued, and the Councill thinking that he cannot,
nor is capable of Officiating, and His Excellency being pleased to desire
the further Opinion of the Councill to name such Person as may be
capable for that Service, they nominated Cap4 Miles Cary and Ben¬
jamin Harrison Junr whereupon His Excellency was pleased to appoint
the said Harrison, and Accordingly Ordered, that he attend to per-
forme that Service.

His Excellency having communicated his Maj4s Royall Instruc¬
tions to the Councill, he desired they would consider thereof till mon-
day morning, and if anything was necessary to be Offered thereupon,
that they would then propose it.

The Councill adjourned till monday Morning.

At a Councill held at James City December, 12. 1698

Present

His Excellency

Edward Hill John Lightfoot

Edmund Jenings Matthew Page

Benjamin Harrison Esqrs

Mr James Sherlock attending here and being acquainted that His
Excellency had been informed he was Incapacitated to Officiate as

402 Executive Journals, Council of Colonial Virginia

Clerke of the Councill, and with the proceedings of the Councill on
Saturday last in relation to Him; he did acknowledge that (being de¬
prived of the Use of His hands) He was become incapable to execute
that Office whereupon he was discharged of his attendance upon the
Councill, and Ordered, that he make up his accounts of what is due
to him for Publick service to this day and lay the same before the
Councill.

Benjamin Harrison junr being by His Excellency appointed Clerke
of the Councill, He tooke the Oaths appointed by Act of Parliament
to be taken instead of the oaths of Allegiance and Supremacy, and
the Oath of Clerke of the Councill, and subscribed the Test and the
Association appointed by Act of Parliament, and was admitted to
attend as Clerke of the Councill.

Bartholomew Fowler being continued in the Office of Attorney
Generali, He tooke the Oaths appointed by Act of Parliament to be
taken instead of the Oaths of Allegiance and Supremacy, and the Oath
of Attorney Generali and subscribed the Test and the Association ap¬
pointed by Act of Parliament

Whereas a Proclamacon dated the Seventeenth day of October,
last was Issued out by Sir Edmund Andros late Governour of Virginia
for the apprehending John Cood notwithstanding which it hath ap¬
peared to His Excellency both when he was in Maryland and since he
hath been in Virginia that the said John Cood for some time hath and
still doth live and hath comon Conversation in Westmorland County,
and yet he is not apprehended Therefore Mr Samuell Thompson Sheriff
of the said County of Westmorland is required to do his Duty in ap¬
prehending the Said Cood according to the said Proclamacon and the
said Sheriff is also Ordered to appear before the Councill at James City
the three and twentieth day of February next to shew Cause why he
hath not already apprehended the said Cood pursuant to the said
Proclamacon

Jonathan Dows Master of the ship Hannah and Elizabeth lately
arrived from Barbadoes complaining to His Excellency that one of
His men being his Cooper was pressed by an Officer belonging to His
Majt9 ship the Essex Prize to his great detriment in the want of His
said Cooper for triming and hooping his Caske he having severall
Barbadoes Goods on board his Said Ship

Ordered, that Cap1 John Aldred Comander of His Majts Said
Ship the Essex Prize do immediately upon sight of this Order return
the said man to the said Dows; and also that the said Aldred do forth¬
with transmit to His Excellency an account what he hath done in pur¬
suance of a warrant lately granted to him by Sir Edmund Andros
(late Governour of this Colony) to press seamen for His Majts Service
on board His said Ship the Essex Prize.

His Excellency having comunicated to his Councill His Majts
Royall Comands to him, in Order to make answer whereunto it being
requisite to have a full Councill, and also it being required to have
severall Returnes made to His Excellency from the severall Partes and
Respective Officers of this Colony, which, by reason of the badness of
the season of the Year the Rivers being Usually about this time frozen

Executive Journals, Council of Colonial Virginia

403

and unpassable, and the Habitacons of the severall Gentlemen of the
Councill being very remote from James City, and for severall other
reasons of the like nature, cannot be conveniently had in a very short
time, therefore Ordered that the next meeting of the Councill be at
James City the three and twentieth day of February next, at which
time Consideracon is to be had of the meeting of a Generali Assembly,
and what other matters His Excellency hath been pleased to lay before
the Councill.

His Majts Service requiring his Excellency’s presence in Maryland,
He declared in Councill His intencons of going thither for a few days,
and accordingly Sealed up His Majts Royall Instruccons to him as
Governour of Virginia, and delivered the same into the hands of the
Clerke of the Councill, to be by him in Case of Accident (which God
prevent) delivered to the President of the Councill, the Comicons re¬
lating to the Government being already in the Councill Office.

Examinat el Concord cum Original
Test Benja: Harrison Cle Coa:

[From C. O. 5, Volume 1309, N° 53* or fo. 157]

By his Excellency
A Proclamation

Sr Edmd Andros Kn‘ his Maj8 L1 and Govr Gen11 of Virginia To
all whom these presents shall Come Greeting whereas it hath pleased
Almighty God to visit many parts of this his Maj dominion of Vir¬
ginia with great Sickness and mortality wch may Justly be feared to
increase and Spread throughout ye whole Countrey for our manifold
sins and wickedness unless averted by a timely and hearty repentance
I do therefore by Advice In Councill ordr and appoint that fryday y®
15th of this Instant July be sett apart for a day of fasting and humili¬
ation by all and every the Inhabitants of James City and parts Adja¬
cent and that fryday the 22 d of the said Instant be also Sett apart
for a day of fasting and humiliacon by all and every the Inhabitants
in all other parts of this his Maj8 dominion with prayers to almighty
God to Implore his mercys and deprecate the evills justly Impending
over us and the ministers and readrs in their respective parishes are
hereby required in their severall Churches & Chappells to perform their
duties on this occasion Given under my hand and Seal of the Colony
the 8th July 1698

A proclamation for a publick fast E. Andros.

E Jenings Dep Sec.

[From C. O. 5, Volume 1309, N° 65 iH or fo. 187.]

By his Excellency
A Proclamation

Sr Edmund Andros Knt his Majties Lieu* & Governor Gen11 of
Virginia. To all to whom these presents Shall come Greeting Whereas
I have received information from the Lords his Majties Councill of

404

Executive Journals, Council of Colonial Virginia

Trade that great Complaints have have been made & dayly Continue
of Manifold mischeifs Comitted of late yeares in the East Indies &
other parts of the world by Pyrates & Sea Robbers and of the two fa¬
vourable Entertainem* protection & incouragement which it is Notor¬
ious have been given to many of them in Severall of his Majties Colo¬
nies in America both in their preparation & fitting Out from Thence &
in their return thither as to Secure receptacle His Majesty takeing the
Same into Consideration together with the farther Consequences of
Such like pernicious practices which by the resentment of Princes and
States Concerned, and other wayes will infallibly more & more tend
to the prejudice of Trade & bring great Scandall upon the English
name & nation I Doe by Advice in Council hereby in his Majties name
require & Command all persons whatsoever that they doe not Enter-
taine harbour Conceale trade or hold any Correspondence by Letter
or otherwise with any person or persons that shall be Deemed Priva-
tiers or Pyrates, And that all Officers Civill & Military do use their
utmost diligence to Arrest Seize & Secure the Shipps persons & effects
of all Such Pyrates & Sea Robbers hereby requiring the Sherriff of the
County wherein any Such Seizure or Arrest shall be made to make a
true & Exact Inventory of all monies Plate Jewells Goods or other
effects whatsoever brought in by or otherwise belonging to the said
Pyrates or Sea Robbers and forthwith Send the sd Inventory Attested
under his hand to me. Hereby Comanding all Sherriffs & other Officers
both Civill & Military to be diligent in the performance of their re¬
spective Duties and all persons whatsoever to be Aiding & assisting
at their utmost perills Given under my hand & the Seale of the Colony
the 7th day of October in theTenth yeare of his Majtie3 Reig nAnnoque
Dom. 1698.

E Andros.

A Proclamation for apprehending Pyrates ec

E Jenings Depty Secry

[From C. O. 5, Volume 1309, N° 65iv or fos. 189-90.]

By his Excellency
A Proclamacon

Sr Edmond Andros Kn‘ his Majtyes Leiu1 and Goverr Gener11 of
Virga To all To Whome these presents Shall Come Greeting Whereas
I received Informacon from his Excy Fran: Nicholson Esqr his Majtyes
Govern1 & Captain and his Majtyes Councill In Maryland that Coll11
Jn° Cood Late of S1 Maryes County In Maryland aforesd having Spoken
Published, & uttered, Divers blasphemous, & Athisticall words &
Speeches against his Majtye3 Peace & ye Act of Assembly of ye Said
Province & was Prosecuted for ye same In his Majtyes name eta, And
being Privately fled from Justice & removed out of the said Goverm1
upon which I did Issue out my Warrant In these words (Viz) Sr Ed¬
mond Andros Kn‘ his Majtyes L‘ and Govern1 Gener11 of Virga To all
Sherriffs & others Whome these shall or may Concern In This his Maj-
tyes Colony and Dominion Whereas the Govern1 & Councill of Mary-

Executive Journals, Council of Colonial Virginia

405

land hath acquainted me wth Process and Proceedings for blasphemy
against Coll11 John Cood Late of S4 Maryes County In that Province
Sent me by Mr William Ockman L4 of his Majtye3 hired Ship the Prince
of Orrange of ye Sd John Cood being fled from Justice, and Privately
removed Into this Colony, These are therefore In his Majtyes name to
will and Require you to apprehend and take Into your Custody ye
Said John Cood (if within your Baliwick) and him Deliver to y® Sd
L4 Ockman or Shuch other person or persons Authorised from Mary¬
land, And all Magestrates and Officers Civill and Military and others
whome It may Concern, are hereby required to bee aiding & assisting
to you In The Performance thereof as Occasion, for wch this shall be
your Sufficient Warrant. Given under my hand and Seale this third
Day of Janry 1696-7, which warrant So Issued and Delivered to ye
Said L4 Ockman and from time to time by advice In Councill thought
ye most effectuall & Ready way for Seizing and Surrendring ye Sd
Cood (if found within this Goverm4) to ye Goverm4 of Maryland
aforesd but the Said Cood by Virtue of the Sd warrant (still In force)
hath not been found and that by a Copy of a Proclamacon Dated ye
14th of September Last Past Published In Maryland and by his Excy
ye Govern1, of ye Sd Province Lately Transmitted to me Setting forth
that great disturbances and Comotions have been raised Sett on foot
and fomented by Divers wicked Prsons Evilly effected to his Majtyes
Sd Govern'd and the Peace & quiett thereof and Especially by John
Cood Senr aforesd I do therefore by advice of his Maj4yes Councill
hereby In his Majtyes name Require and Comand all persons whatso¬
ever within this his Maj4yes Dominion of Virga that [they] do not en¬
tertain harbour, abett, Conceale, or hold any Correspondency what¬
soever wth ye sd Jn° Cood Either by writing or otherwise and all Sher¬
iffs & other officers In this Dominion are hereby In his Maj4yes name
Strictly Comanded within their Respective Countyes to use their ut¬
most Diligence to apprehend & take ye Sd Cood Senr (if found within
This his Maj4yes Dominion of Virga) and him So taken to Secure and
forthwith give notice to me or one of his Majtyes Councill for further
advice for his Safe Conveyance Into ye Goverm4 of Maryland & all
officers & Prsons Civill and Military are hereby required to be aiding
and assisting therein, and the Sheriff to Cause this Proclamacon to be
Published In all Churches, Chappies Courts and other usuall Places
In this Goverm4 as they & Every of them will answer the Contrary att
their utmost Perrill Given under my hand & ye Seale of y® Colony
this 17th Day of October In ye tenth year of his Maj4yes Reign Annoque
Dom 1698

God Save ye King

A Proclamacon for y° Apprehending Jn° Cood Senr

[From C. O. 5, Volume 1309, N° 65vi or fo. 193.]

Virginia Ss4 Bt his Excellency

A Proclamation

Seale Sr Edmond Andros Kn4 his Maj4ies Lieu4

& Governor Gen" of Virginia To all to whom
these presents Shall come Greeting. Whereas

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Executive Journals, Council of Colonial Virginia

by unhappy Accident the State house in which the Publick Records &
Papers of this Countrey were Lodged was yesterday burnt down by
which meanes in the hurry Occasioned by removeing ye sd Records &
papers Severall may have happened to be scattered or taken up by
persons, & not returned, I Doe by Advice in Councill hereby in his
Majtye8 name require & Command all persons that have found or
know of any persons that have found or taken up any Bookes or papers
which have been Scattered by reason of the Said Accident of fire forth¬
with [to1 Give Account thereof & bring or return the said Bookes &
papers into the Secretaries office now kept at Mrs Sherwoods brick
house in James City or to the Clerk of the County Court where they
Live by him to be returned as they will Answer the Contrary at their
utmost perills, And that the Sherriffs of the respective Counties Cause
this Proclamation to be published at their Courts and all Churches
Chappells & other publick places in their Said Counties Given under
my hand and the Seale of the Colony at James City the 21st day of
October in the tenth yeare of his Majties Reign Annoque Dom 1698.

E Andros

God Save the King

A Proclamation for bringing in the Bookes &
papers which have been Scattered by
reason of the fire

E. Jenings Depty Secry

[From C. O. 5, Volume 1309, N° 75" or fo. 237.]
Virginia Sc* By his Excellency

A Proclamation

Seal impression
on paper
covering
wafer

Whereas his Sacred Majty hath by his
Royall Comission bearing date at Westminster
the twentyeth day of July in the tenth year of
his Majtyes Reign Constituted and appointed
me Francis Nicholson Esqr Leiu* and Govern1
Generali of this his Majtyee Colony and Dominion of Virginia thereby
giveing and granting unto me full power to Exercise all & all manner of
Jurisdictions, powers and Authoritys to ye Same belonging Now to ye
End that ye peace of this his Majtyes Dominion may be ye better Se¬
cured and all proceedings at Law Continued And that the ordinary
Course of Justice may not be interupted I have thought fitt by and
with ye advice of his Majtye3 Councill of this Colony in his MajtyeB
name to publish and declare that all Magistrates and officers both
Civil & Military do Continue and remain in all and Singular their
powers, Authorities & Jurisdictions untill further order be taken
therein hereby requireing them to proceed in the Execution of their
Sever11 duties And all his Majtyes Subjects within this Colony are to
be aiding and assisting to them therein and to Yeild all due obedience
to this Proclamation Given under my hand and the Seale of the Colony
the ninth day of Decembr in the tenth year of the Reign of our Sov-

Executive Journals, Council of Colonial Virginia

407

ereign Lord William the third by the grace of God of England, Scot¬
land, France and Ireland King defender of the faith Annoque Dom 1698

Fr Nicholson

God Save the King

A Proclamation Continuing officers ec a

E Jenings Depty Secry

A true copy Test C: C: Thacker Cl Gen Cur

[C. O. 5, Vol. 1410 continued.]

Virginia st

At a Councill held at James City February 23. 1698 [1698-99]

Present

His Excellency Francis Nicholson Esqr & c.

William Byrd Edmond Jenings

Edward Hill. John Lightfoot

Matthew Page Esqrs

William Byrd Esqr tooke the Oaths appointed by act of Parlia¬
ment to be taken in stead of the Oaths of Allegiance and Supremacy,
and subscribed the Test and association appointed by act of Parlia¬
ment, and tooke the Oath of a Councillour of state of this his Majesties
Colony and Dominion, and took his place at the board accordingly.

Ralph Wormeley Esqr and Richard Johnson Esqr being by indis¬
position disabled to come to this Councill, made their excuses for ab¬
sence, in their severall letters to his Excellency which he was pleased
to allow.

Benjamin Harrison Esqr being absent from this Councill made his
Excuse to his Excellency upon the unhappy occasion of his wives death.

Mr William Lowry Surveyor of Warwick and Elizabeth City
Counties, intending shortly to go out of this Country for England he
desires leave to appoint a Deputy to execute his Office during his ab¬
sence, and presented Captaine Miles Cary to be his Deputy, who was
accordingly accepted and approved of, as a person fitt and capable for
that service.

William Randolph Esqr late Attorney Generali, when he layed
down his Office having' delivered to the Clerk of the Councill several!
Navigation Bonds, and other papers, which were to be prosecuted on
behalf of the King’s Majestie, ordered, that the Clerk of the Council!
deliver the said bonds and papers to the present Attorney Generali, to
be prosecuted according to Law.

Whereas John Wicket of Charles City County by his petition to
his Excellency hath complained that Mr James Minge Clerk of the
said County took illegall fees from him, and that he gave the said Clerks
account thereof to Bartholomew Fowler Attorney Generali to prose¬
cute which he hath not yet done, Ordered that the said Attorney Gen¬
erali do prosecute the said Clerk at Law for taking the said Illegall fees.

Whereas John Taylor of Charles City County by his petition to

408

Executive Journals, Council of Colonial Virginia

his Excellency hath complained that he by Virtue of a Comision
from the Honorable Ralph Wormeley Esqr His Majesties Secretary
of Virginia of right ought to be admitted to the office of Clerk of
the Said County Court, but is hindred in obtaining possession thereof
by Mr James Minge; and whereas Richard Bland and Robert Bolling
two of the Justices of the said County by their address to his Excellency
have set forth the great differences and disatisfactions arisen between
the Magistrates of the said County, by reason of the disputes between
the said Taylor and Minge concerning the said Clerks office; and
whereas Charles Goodrich one of the Justices of the said County and
the said John Taylor by their petition to his Excellency have set forth
that they were very much scandalized by the said Minge, in that he
began a prosecution against them in the said County Court for per¬
jury, but would not proceed therein against them, that by a fair tryall
they might clear their reputations; Upon consideration of all which
that an end may be put to all differences and Dissatisfactions in the
said County, Ordered, that The said Taylor and Minge be for the pres¬
ent suspended from the execution of the said office, and that Mr Secre¬
tary do appoint some fitt person to take possession of the records and
papers belonging to the said County, and to execute the said office,
untill the said Disputes shall be ended by due Course of Law, and that
Mr Attorney Generali at the next generall Court do prosecute the In¬
formation for perjury by the said Minge Exhibitted against the said
Goodrich and Taylor.

Richard Bradford of Charles City County by his petition to his
Excellency having Complained against James Minge Clerk of the said
County Court, for that by negligence of the said Clerk in his office, the
Children of the said Bradford had suffered greatly in their right to
parte of the personall estate of Richard Taylor late of the said County,
of w'hich adminstration was granted in that Court, but no security
taken by the said Clerk, and that the inventory of the said estate was
returned to the said Court but was lost by the said Clerk, all which
appearing to be matter of Law, and not properly tryable before the
Councill, the said Bradford is left to take his remedy at Law.

Richard Bland and Robert Bolling two of the Magistrates of the
County of Charles City having addressed his Excellency for a new co¬
mision of the peace for the said County with the addition of some Mag¬
istrates to the same, his Excellency is pleased to order a new Comision
to be prepared accordingly, and that Cap1 William Hunt, Mr Micajah
Low, Mr Richard Bradford, and Mr Joshua Winn, be added to the
same, whereof the first six to be named in the said Comision, shall be
of the Quorum.

Mr Auditor Byrd laid before the board the accounts of the publick
revenues of the Country which appear to be indebted as followeth, to
witt, Due to the Auditor for Money by him paid 2774 lbs.— 9-8 J4, war¬
rants past but not yet paid 1577 lbs.— 15-8, Salary’s due on the 9th of
December 1698 Exclusive, for which no warrants are issued 441 lbs.-9-3.
all which summs amount to 4793 lbs.-14-7J^ of which Mr Auditor
hath received about 160 lbs. since his last account.

Mr Auditor Byrd laid before the board the accounts of his Ma-

Executive Journals, Council of Colonial Virginia

409

jesties Quitrents in this Colony, whereby their appears to be due to His
Majestie the summ of 4405 lbs.-19-00.

The petition of some of the inhabitants in the lower parts of Wil¬
mington Parrish desireing to be taken into James City Parish refered
for further Consideration till the meeting of a Generali Assembly.

A Letter from his Excellency Richard Earle of Bellamont Gov-
ernour of New Yorke to his Excellency the Governour of Virginia, re¬
lating to a new trade with the Indians to the west-ward was read, and
the Consideracon thereof referred till the meeting of a Generali As¬
sembly.

Collonell Cadwallader Jones having made a proposition for the dis¬
covery of a new trade with the Indians the Consideration thereof is
referred to a Generali Assembly.

Whereas the state house belonging to this his Majesty’s Colony
and Dominion hath lately (by accident) been burnt down, so that
now there is no convenient place for the holding of the Generali Courts,
and Generali Assembly’s, or for transacting any other publick affairs,
of that nature, and whereas there are severall publick debts due both
in money and Tobacco, as particularly a years arrears to the rangers
on the heads of the rivers, and the rent of the house hyred of Mr Sher¬
wood for the Country’s service, and severall other debts of that na¬
ture; and whereas there are severall of his Majestys Royall Instruc¬
tions to his Excellency which are of publick concerne and great Im¬
portance requiring the advice and assistance of a Generali Assembly, as
particularly the building of a house for the Governour, and surveying
the Colony, this board are therefore of opinion that it is for his Ma¬
jesties Service that a generall Assembly be called to meet as soon as
conveniently may be, which cannot well be, till the business of the
next Generali Court be dispatched for that at present James City is
reduced to so mean a condition that it cannot give entertainement to
the people attending both a Generall Assembly, and a generall Court
together, therefore ordered, that writts be prepared for the calling a
Generall Assembly to meet at James City upon thursday the 27th day
of Aprill Next.

February 24. 1698 [1698-99]

The honorable Collonell Robert Quary, from the honorable I homas
Harvey Deputy Governour and the Councill of the province of North
Carolina, acquaints his Excellency and the Councill, that the said
Deputy Governour and Councill of North Carolina had received orders
from England for Surveying and laying out the bounds of this his
Majesty’s Colony and Dominion of Virginia, and that province of
North Carolina and that they would in a short time send some of the
members of their Councill to this Government to be joyned with such
persons as should be appointed here to lay out and settle the said
bounds and prayed that his Excellency and the Councill would be
pleased to appoint and Impower such persons as shall be thought ne¬
cessary for that service, to proceed therein when those Gentlemen from
Carolina shall arrive, to which his Excellency with the advice of this
board did answer that the settling the bounds between these two Col-

410

Executive Journals, Council of Colonial Virginia

ony’s is a matter of very great importance and publick concerne, and
most proper to be done by the advice and consent of a Generali As¬
sembly; that a Generali Assembly was to meet at James City upon
thursday the 27th of Aprill next, and therefore he desired that those
Gentlemen of Carolina would be here by the 29th day of the said
month of Aprill, and that they might then be sufficiently impowered
from that Government to lay out and settle the said bounds.

Writs to the severall sheriffs within this his Majesties Colony and
Dominion for the Election of Burgessess to meet in a generall assembly
at James City the 27 of Aprill next being prepared, they were signed
in Councill

Ordered, that the sheriffs of the severall County’s within this his
Majesty’s Colony and Dominion upon receipt of writs for election of
Burgesses to Serve in Generali Assembly’s do give timely notice to
the Electors of the time and place of Election, and take all possible
care and use their utmost endeavours that the said Elections shall in
all points be regularly and legally made according as the laws of Eng¬
land and this Country in that case do provide.

February 25 1698 [1698-99]

It is the opinion and advice of this board that it is for his Majesty’s
service that his Excellency recomend to the Generali Assembly the
settling some particular office for Marinb affairs.

The consideration of his Majesties Royall Commands relating to
a Court of Exchequer is refered till the meeting of a Generali Assembly.

It is the opinion and advice of this board that it is for his Majesty’s
service to recommend the state of the revenues and fortifications of
this Government to the consideration of the next Genbrall Assembly.

Upon Consideration of a fit place for the reception and sitting of
the house of Burgesses in the next Generall Assembly this Board are
of opinion that the house where Mrs Sarah Lee alias Smith lately
lived now in the possession of Mr John Tullit is most convenient for
that purpose, and accordingly ordered that the said Tullit do repair
and fit up the said house, as he shall be directed by his Excellency, and
that he lay his claim for the charge thereof before the next Assembly.

It is the advice and opinion of this board that it is for his Majesty’s
service that his Excellency recommend the consideration of the act for
settling the Militia to the next Assembly

The Consideration of making particular officers of the Militia to
Command on the frontiers of this Goverment is refered to the next
Councill.

February 23. 1698 [1698-99]

Edward Ross Gunner of the fort at James City and Richard Dun¬
bar Gunner of the fort at Tindalls point laid before the Councill the
account of those Fortifications

February 25. 1698 [1698-99]

Ordered that William Byrd and Edward Hill Esqrs do view the
Fortifications at James City, and that Edmund Jenings and Matthew

Executive Journals, Council of Colonial Virginia

411

Page Esqrs do view the Fortifications at Yorke and Tindalls point, and
examine the severall Gunner’s accounts thereof, whether they be
exactly taken, and report the same to the next Councill.

Ordered, that the severall Commanders in Cheif of the respective
Countyes within this Colony, do take an exact account of all such
Armes and Amunition as have at any time been sent into the Countyes
under their commands for the publick service, and how the same have
been disposed of and in what condition they are now; and transmitt
such account to be laid before his Excellency and the Councill at their
next Sitting.

February 23. 1698 [1698-99]

John Smiths Petition for the Escheat of Land in Middlesex,
George Jordans Petition for the Escheat of Land in Surrey County;
and Abraham Edwards Petition for the Escheat of William Codugin’s
land in Nansemund County, are referred for further Consideration till
the method of Granting Escheat lands shall be settled

Ordered, that Mr Attorney Generali to [do] Consider the Statutes
and laws of England and charter of Virginia and prepare a Scheme of
a regular, Legall, and practicable, method of granting Escheat lands,
and lay the same before the Councill against the next Generali Court

February 25 1698 [1698-99]

Ordered, that the Sheriffs of the Severall Countyes do make Proc-
lamacon within their respective Countyes, that all persons who have
any Claim to make to any Lands either in Pamunkey Neck, or on the
South side of the Black Water Swamp, shall lay such Claim before his
Excellency and the Councill by the end of the next Generali Court.

February 23. 1698 [1698-99]

David Jones by his Petition to his Excellency having Complained
against Mr Peter Heyman, the matter of the said Petition is referred
to Mr Attorney Generali for him to Consider and make report thereof.

February 25. 1698 [1698-99]

The Complaint of David Jones against Mr Peter Heyman being
referred to Mr Attorney Generali Mr Attormey reports that they have
composed their differences.

February 23. 1698 [1698-99]

Upon reading a Letter from the Magistrates of King and Queen
County, recommending severall persons to his Excellency to be added
to the Commission of the peace for that County, his Excellency was
pleased to declair that Mr Henry Fox in his former place; Cap1 Will¬
iam Clayborne, Cap* Willis Wilson, Mr James Howell, Mr John Waller,
and Mr Richard Anderson, should be added to the said Commission,
and ordered, that it be prepared accordingly, the first six in the Com-

412

Executive Journals, Council of Colonial Virginia

mission to be of the Quorum, Mr William Byrd, and Mr James Taylor,
who were recommended by the said Magistrates are left out of the said
Commission being thought to be under age.

Matthew Driver’s Information^] against illegall traders were read,
and ordered that they be Entered in the Councill Books.

Two Letters from the honorable Commissioners of the Customes,
one Dated June 4. 1698 and the other Dated June 1. 1698 being for
the Discharge of two navigation Bonds taken in this Country, being
read, Ordered, that they be entred in the Councill books, and then de¬
livered to the persons concerned therein, to be by them carried to the
respective Collectors, and by them affixed to the said bonds

Ordered, that at the time appointed by Law for taking the lists
of tythables for the Year 1699, the severall persons who shall be ap¬
pointed to take the same, shall also take lists of all the people within
this his Majesty’s Colony and Dominion of what age, sex, condition,
or Religion, soever they be, which lists shall be taken in severall Col¬
umns, according to a Scheme thereof to be sent to the respective
Sheriffs of the severall County’s, and by them communicated to the
severall persons who are to take the said Lists, which as soon as they
are so taken shall be transmitted by the said Sheriffs to be laid before
his Excellency and the Councill.

February 24: 1698 [1698-99]

Ordered that the Clerk of the Councill do make inquiry what
publick seales belonging to any offices, are in this his majesty’s Colony
and Dominion, and what warrants there are for useing the seal of the
Colony, and make report thereof to the next Councill.

Feb 25, 1698 [1698-99]

Ordered that Mr Attorney Generali do Consider whether the Coun¬
cill of State of this his Majesty’s Colony and Dominion, be a Court of
record, and whether the Councill books be Records, and that he re¬
port his opinion therein to his Excellency and the Councill at their
next sitting

February 24 1698 [1698-99]

Llis Excellency in Councill signed a Warrant to Mr Auditor Byrd
to pay unto Mr Commissary Blair out of the Quitrents 400 lbs. Sterl,
being due to him according to his Majesties Royall Commands for the
allowance of 100 lbs. a year with the arrears till the 11th day of July
1698.

February 25. 1698 [1698-99]

Edmund Jenings Esqr Collector and Navall officer of Yorke River
came before his Excellency in Councill and made oath to the accounts
of the penny per lib [librum] due to the Colledge of William and Mary
in Virginia.

Edward Hill Esqr Collector and Navall officer of the upper Dis¬
trict of James River, Came before his Excellency in Councill and made

Executive Journals, Council of Colonial Virginia

413

oath to the accounts of the peny per lib due to the Colledge of William
and Mary in Virginia, and also to his accounts of skinns & furrs.

Mr Peter Hey man Collector and Navall officer of the lower dis¬
trict of James River, came before his Excellency in Councill and made
oath to the accounts of the penny per lib, due to the Colledge of William
and Mary in Virginia, and also to his accounts of Skins and Furrs.

Cap* Miles Cary being by the trustees and founders of the College
of William and Mary in Virginia appointed to execute the office of
surveyor Generali of this Dominion, according to his Majesty’s Grant
to the said Colledge, the said Cary before his Excellency in Councill
was sworn to the due execution of the said trust in these words Viz*
You shall swear as Surveyor Generali of this his Majty’3 Colony and
Dominion of Virginia that you will well and truly execute the said
office according to the best of your knowledge and Judgment and you
shall do equall justice in all cases whatsoever in which by virtue of
your office you shall be Concerned.

So help you God

February 24 1698 [1698-99]

The Honorable Edward Hill judge of the Court of Admiralty ac¬
quainting this board that no certaine fees to the Judge and officers of
the said Court were settled for Proceedings in private causes, and pray¬
ing their advice therein they are of Opinion it is reasonable in such
cases to take the following fees; viz* to the Judge five percent upon
the sum decreed to be paid; to the Register 2 Yi per cent on the said
Summ; and to the Marshall 2l/2 per cent also; till further directions
shall be given therein, by the right honorable the Lords Commissioners
for executing the office of Lord high Admirall of England and Ireland
& c

February 25. 1698 [1698-99]

Edward Hill Esqr judge of the court of Admiralty in this his Ma-
jestys Colony and Dominion of Virginia, took the oaths appointed by
act of parliament to be taken instead of the Oaths of Allegiance and
Supremacy, and subscribed the test and association appointed by
act of Parliament, and took the oath of a judge of the said Court in
these words, viz* You shall swear as Judge of the Court of Admiralty
for this his Majesty’s Colony and Dominion of Virginia, that you will
do Equall Right to Rich and poor in all things that shall come before
you, according to the laws Customes and presidents of the said Court,
and that his Majesty’s Rights and previledges shall be duly mentained
and kept, according to the best of your knowledge and Understanding,
and that you will not delay nor hinder Justice, nor take any bribe or
reward to the intent to delay pervert or deny the same, and that you
will in all things relating to the said Office behave yourself justly and
honestly, according to the best of your skill and knowledge and Un¬
derstanding.

So help you God.

414

Executive Journals, Council of Colonial Virginia

Miles Cary Gent. Register of the Court of Admiralty took the
oaths appointed by act of parliament to be taken instead of the oaths
of Allegiance and Supremacy, and Subscribed the test and association
appointed by act of parliament, and took the oath of a Register of the
said Court in these words, Viz1 You shall swear that as Register of
this his Majesty’s Court of Admiralty, in this his Majesty’s Colony
and Dominion of Virginia, You will well and truly serve his Majesty
and the honorable Judge in all things relating to Your said Office and
place, You shall duly and truly Register all Decrees, Rules, Orders,
and all other proceedings in the said Court, You shall deny nor delay
no man out of envy or hatred you shall take no bribe to pervert Just¬
ice, You shall do no fraud to any nor shall you consent to any to be
done in the said Court, and in all things you shall execute the said
office according to the best of your knowledge and Understanding.

So help you God.

John Taylor Gent his Majesty’s Advocate in the Court of Ad¬
miralty, took the oaths appointed by act of parliament to be taken is-
stead of the oaths of Allegiance and Supremacy, and Subscribed the
test and association, appointed by act of parliament, and took the oath
of his Majesty’s said advocate in these words, Viz4 You shall swear that
you will well and truly execute the office of his Majestys advocate in his
Court of Admiralty in this his Majesty’s Colony and Dominion of
Virginia, according to the best of your skill and knowledge, You shall
use your utmost endeavour for his Majesty’s Interest and Advantage
in the said Court, you shall advise in all things relating to his Majesty
according to the best of your skill and knowledge.

So help you God

Micaell Sherman Gent. Marshall of the Court of Admiralty, took
the oaths appointed by act of parliament to be taken instead of the
oaths of Allegiance and Supremacy, and subscribed the test & asso¬
ciation appointed by act of parliament, and took the oath of Marshall
of the said Court in these words, Viz4 You shall swear as Marshall of
his Majesty’s Court of Admiralty in this his Majesty’s Colony and
Dominion of Virginia, you will well and truly serve his Majesty and the
honorable Judge in all things appertaining to the said office, according
to the practise and usage of the said Court, to the best of your knowledge
and Understanding; you shall duly and truly execute all such writs
and precepts as shall be to you directed, issuing out of the said Court;
and make due and true returnes thereof, and see that his Majesty’s
rights be duly preserved, You shall delay no man [out] of envy hatred
or malice, you shall take no bribe to pervert Justice; You shall do no
fraud nor consent to any to be done in the said Court; you shall truly
and faithfully behave yourself in the said office of Marshall in the
said Court according to the best of your knowledge and Understanding.

So help you God.

Whereas Cap4 Willis Wilson by his petition to his Excellency hath
sett forth that he by order of the Government hath been at sundry

Executive Journals, Council of Colonial Virginia

415

expences for his Majesty’s Service in endeavouring to save his Majestys
Ship the Swift, and praying that he may be reimbursed his said Ex¬
pences out of the produce of such of the Tackle, apparell, and furniture
of the said Ship as was saved, and Whereas Edmond Jenings Esqr hath
acquainted his Excellency and the Councill, that there are severall
things in his possession which were saved, belonging to his Majesty’s
Ketch the Row, which being perishable and in Danger of great damage
by lying, therefore Ordered, that Edward Hill judge of the Court of
Admiralty, do take all the said Tackle, apparrell, and furniture, and
all other things whatsoever belong [ing] to the said Ships the Swift,
and the Row, and all other things in the like Circumstances within
this Government, and cause the same to be sold by publick sale, as
shall be most for his Majesty’s service, and Make report of his pro¬
ceedings therein to his Excellency and the Councill at their next Sitt¬
ing.

Ordered, that Mr Auditor Byrd do receive and adjust all claims
against his Majestys Ship the Swift, and make report thereof to the
next Councill.

Pursuant to an Order of the last Councill Cap4 John Aldred Com¬
mander of his Majesty’s Ship the Essex Prize having transmitted to
his Excellency An Acco44 of the Condition of his said Ship and what
men he had pressed by Virtue of a Warrant received here, and a Copy
of his Instructions the same Were lay’d before this board.

Mr George Blighton producing a Letter from the right honorable
the Earl of Rumney signifying that his Majesty had been pleased to
grant his part of all prizes taken in War, And Carried into any of the
American Plantations, unto his Lordship, under whom was appointed
the said Blighton to receive his Majesty’s part of all such prizes in
Virginia, His Excellency promised the said Blighton that he would at
all times be ready to assist him therein, but his Letters of Attorney
not being yet proved, he directed that they might be legally proved,
and that he would make his claim of any such prizes as were due to
him thereby, against the next Councill

Whereas Cap4 Francis Clements is mentioned in the Councill
Books to have been sworn Clerk of the Councill, but it not appearing
what, or how long he acted in that Office, or how he was discharged
therefrom, therefore Ordered, that the Sheriff of Surry County do re¬
quire the said Clements to attend his Excellency and the Councill
at James City, the 17th day of Aprill next, to give such a particular
account of his Actions as Clerk of the Councill, as shall then be re¬
quired of him, and that the said Sheriff do make returne thereof to the
Councill office

Ordered, that the Indian Interpreters upon the first day, May
next, do bring the severall nations of Indians whereto they are Inter¬
preters, to Pay their tribute to his Excellency at Middle plantation,
and that they come with the said Indians, and cause them to bring
some of the best and most active of the youth of their severall nations,
With their bowes and arrowes.

There being severall matters of Importance refered from the last
Councill by reason of the Small number of Councilors then present,

416

Executive Journals, Council of Colonial Virginia

the same are again refered till a fuller Councill. Severall of the Col¬
lectors and Navall officers in this Government wanting books of rates,
acts of parliament relateing to trade, Certificates, & c. and the same
being in a Chest sent hither from England to Edward Randolph Esqr,
and he being dayly expected here, therefore the opening the said
Chest is referred till the next Councill.

Ordered that Mr Attorney Generali do Consider of the offence of
Mr Samuel Thompson Sheriff of Westmoreland, in not apprehending
John Cood according to his Duty and that he do prosecute the said
Sheriff at law for his said offence.

Whereas Mr William Thompson (by way of excuse for his son
the present sheriff of Westmoreland for not doing his duty in appre¬
hending John Cood according to the proclamation issued for that pur¬
pose) hath by his Letter to his Excellency, suggested that the said
Cood had timely notice to withdraw himself before the said proclama¬
tion was sent to the said Sheriff, therefore ordered, that the said Thomp¬
son do attend his Excellency and the Councill, at James Citty the 17th
day of Aprill next, to prove his Allegacons in his said Letter.

Whereas the honorable Robert Yard Esqr secretary to their Ex¬
cellency’s the Lords Justices of England by his Letter dated at White¬
hall the 20 day of September 1698, directed to Sir Edmund Andros his
Majesty’s late Lieutenant and Governour Generali of this his Majest’s
Colony and Dominion of Virginia, did intimate to him that their Ex¬
cellency’s by his Majesty’s Command required and directed him upon
receipt thereof forthwith to give orders for the releasment of such per¬
sons as were named in an inclosed list, and all other Frenchmen who
were detained within this Government upon the account of being
prisoner of war only; therefore Ordered, that a proclamation do issue
to be published by the severall Sheriffs in the respective County’s, of
this his Majesty’s Colony and Dominion of Virginia, signifying his
Majesty’s Royall Will and pleasure therein, and strictly requiring
and enjoyning all persons whatsoever, that upon their knowledge of
any such persons being within this Government, they do imediately
Certify the same to his Excellency or to some one member of his Ma¬
jesty’s honble Councill of State; and that Mr Attorney Generali do
prepare the said proclamation.

Whereas a proclamation dated the 17 of October last by Sir Ed¬
mund Andros his Majesty’s late Lieutenant and Governour Generali
of this his Majestys Colony and Dominion of Virginia, was issued out
for the apprehending of John Cood Senior, notwithstanding which the
said Cood is not yet apprehended, tho he hath resided and had com¬
mon Converstaion in the County of Westmoreland since the issuing
of the said proclamation, and for as much as it is of great importance
to the peace and good Goverment of this his Majesty’s Colony and
Dominion of Virginia, and of the province of Maryland that the said
Cood be apprehended, and brought to Condign punishment, for those
many high Crimes and Misdemeanours he is guilty of, the grand jury
for his Majesty’s said province of Maryland having already found sev¬
erall bills of Indictment against him for blasphemy, and endeavouring
to raise a rebellion in that province, and he being chargeable with sev-

Executive Journals, Council of Colonial Virginia

417

erall other matters, and things, of great Consequence therefore ord¬
ered, that another proclamation be prepared and issued forth to the
severall sheriffs throughout this his Majesty’s Colony and Dominion
to be by them published within their respective County’s Forbiding
all persons to entertain harbour or hold any Converse or Communica¬
tion with the said Cood or to give him any releif sustenance aid or as¬
sistance whatsoever and strictly commanding all officers Civill and
Military and all other persons to use their utmost Endeavours to ap¬
prehend him, promising a reward of 20 lbs. Sterl to be given to any
person or persons who shall apprehend him, or give intelligence to any
Magistrate of the place of his abode, so that he may thereby be taken
and secured and that Mr Attorney do prepare a proclamation accord¬
ingly. Examinat: et Concord cum Original

Test: B: Harrison Cl Con.

[C. O. 5. Volume 1309 N° 75 Hi or fo. 239]

By his Excellency
A Proclamation

Whereas their Excellencys the Lords
[Seal Justices of England (by his Majtyee Comand)

pressed on did require & Direct Sr Edmd Andros Late

paper over his Majtyes Leiffi and Govern1 Generali of this

wafer.] his Majtyes Colony and Dominion of Virginia

forthwith to give orders for ye Releasement of
Such persons, as were named in a List therewith Sent and all other
French men who were detained within this his Majtyes Government
upon ye account of being Prisoners of Warr onely.

I Francis Nicholson Esqr his Majtyes Leiu1 & Governor Gener11
of Virginia do hereby Signify to all his Majtyes Loveing Subjects his
Majtyes Byall [Royall] will and pleasure therein And In his Majtye8
name do strictly Charge Comand and require all officers Civill & Mili¬
tary and all Persons whatsoever within this his Majtyes Colony and
Dominion that upon their Knowledge of any of the person or persons
named in the under writen list or of any other French person or persons
that were taken and brought in hither as Prisoners of Warr dwelling
or abideing in any place within this his Majtyes Colony & Dominion
that they do imediately Certify the Same to me or to Some one of his
Majtyes Honble Councill of State in order that I may pay obedience to
his Majtyes Royall Comands therein And I do Charge & Comand all
sheriffs to Cause this My Proclamacon to be Publish’d in all Churches,
Chappies, Court houses and other publick places within their Severall
Countys as they will answer the Contrary at their peril Given under
my hand and the Seale of. the Colony at James Town this 25th day of
February in the Eleventh yeare of his Majtyes Reign Annoque Dom
1698 [1698-99] Fr. Nicholson

A Proclamation for ye Releasm* of
French Prison” of Warr

E Jenings Depty Secry

God Save the King

A true copy Test C: C: Thacker Cl Gen Cur

418

Executive Journals, Council of Colonial Virginia

Soldats Francois de la Garnison du Fort da Naxoat en Arcadie pris par
les Anglois avec le Sieur de Villion Capitaine de la Garnison du dit
Fort et qui ont ete disperses a leur Arrive a Baston
Envoyez Aux Isles Anglois de l’Amerique.

La Chesnaye
Maison Neuve
Caraban
Vaillant
La Roche
Prenda Boire
Le Gerze
Vallois
Boisgaret

A Madere
Des Noyers
Jean Roy
Petit

En la Nouvelle Angleterre.

S* Jean.

La Violette
Cauton

Embarquez Sur un vaisseau Anglois
La Fleur
Loudun
La Riviere
Le Large
Chartillon
L'Esperance

II y en a trois encore dont on ne Scait pas les noms.

A true copy

C: C: Thacker Cl. Gen. Cur.

[C. O. 5, Volume 1309, N° 75iv or fo. 241]

Virginia ss By his Excellency

A Proclamation

Whereas John Cood (Sometimes called
[Seal impressed on Parson Cood, Sometimes Capt Cood & Some-
paper over wafer.] times Coll0 Cood) late of S* Maryes County

in the Province of Maryland hath had Sev-
erall Bills of Indictm1 found against him in his Majties Province of
Maryland by the Grand Jurys of that Province as well for horrid &
Impious Blasphemy as for Contriveing and Endeavouring to raise Re¬
bellion in that Province against his Majties Government and for other
Notorious & detestable Crimes and Offences And Whereas the sd
John Cood being Conscious of his Guilt for the avoyding of the Just
punishmt due to Such wicked and abominable Crimes hath absconded
himselfe & fled from Justice in his Majties sd Province and hath been

Executive Journals, Council of Colonial Virginia

419

harboured & Entertained by Severall Evill disposed persons in this
his Majties Colony & Dominion of Virginia and Whereas the sd John
Cood is a dangerous & profligate person not only in his Rebellious &
Seditious practises but also in his Morals he being of Atheisticall prin¬
ciples and greatly debauch’d & wicked in his life and Conversation
and makes it his business & practice to infuse his wicked principles
and to Corrupt & Debauch the manners of others his Majtie8 good
Subjects Especially the unlearned & younger Sort of them which
makes him not fit for human much less Christian Society!

I Francis Nicholson Esqr his Majties Leiu* & Governor Gen11 of
Virginia by Advice in Councill do in his MajtiefS name Strictly Charge
& Comand all his Majties good & Loveing Subjects within this his
Majties Colony & Dominion that they do not presume to Entertaine
harbour Cherish Aid or assist the said John Cood or hold any manner
of Correspondence or Communication with him either by writeing or
otherwise or Give or afford him any releif assistance or Sustenance as
they will answer ye same at their perill of Incurring the utmost rigour
& Severity of the Law in Such Cases made & provided. And I do
further in his Majtiea name Strictly Charge Comand & require all
officers Civill & Military and all other persons to use their utmost En¬
deavour to take Seize & apprehend the Said John Cood and also to
be Aiding & assisting therein (he being of a Middle Stature a deformed
person, his face resembling that of a Baboon or munckeys, Club-footed
his feet Standing inwards one to the other and a Notorious Coward)
And him haveing taken to Secure and carry before the next Magistrate
(or in Case he doth resist or fly to pursue & take him by force) which
Magistrate I Command & require upon Such apprehension Safely to
Secure the sd John Cood and immediately to Certify the same to me
in order to my delivering him up to Publick Justice in his Majties sd
Province of Maryland as he or they will answer the Contrary at their
peril of incurring the utmost rigour & Severity of the Law. And if
any person or persons shall apprehend & take the sd John Cood or Shall
give Intelligence of him to any Magistrate or officer so that he be ap¬
prehended & taken I do promise to give as a reward to Such person or
persons the Sume of Twenty pounds Sterling. And I Do further Charge
& Comand all masters of Shipps & Vessells that they do not presume
to take ye said John Cood on board their Shipps & Vessells to carry &
Export him out of this his Majties Colony & Dominion as they will
Answer the same at their perill. And I do further in his Majties name
Charge & Comand the Severall Sherriffs in this his Majties Colony &
Dominion that they Cause this Proclamation to be published in all
Churches Chappells Court houses and other publick places of meeteing
within their Severall Counties as they will answer the Contrary at
their perills Given at James Town under my hand & the Seale of the
Colony this twenty fifth day of Febry in the Eleventh veare of his
Maju®s Reign Annoque Dom: 1698 [1698-99]. Fr. Nicholson
A Proclamation for the apprehending
& takeing of Tohn Cood.

E Jenings Depty Secry God Save the King
A true copy Test C: C‘. Thacker Cl Gen Cur

420

Executive Journals, Council of Colonial Virginia

[C. O. 5, Vol. 1410 continued].

At a Councill held at James Citty the fifteenth day of Aprill 1699:

Present

His Excellency Francis Nicholson Esqr His Majesties Lieutenant & c
William Byrd Edward Hill

Edmund Jenning’s Esqrs

This day being the first day of the Generali Court, and only three
Member’s of the Councill, in Towne, which Number tho they make a
Quorum, yet for as much as by His Majt8 Royall Instruccons to His
Excellency, he is not to Act with a Quorum of less than five Members
unless upon Extraordinary Emergencies when a greater Number can¬
not conveniently be had, therefore the Generali Court was only op¬
ened and adjourned till Monday.

Severall peticons being this day exhibited in the Generali Court
for Grant’s of Deserted Land’s, and the Peticoners produceing Negro
Rights to take up the said Land’s, His Excellency was pleased to Co-
municate to the Councill His Majts Royall Instruccons concerning the
takeing up of Land, whereby that priviledge is restrained to His Majt8
Subjects comeing to inhabite in this His Colony and Dominion, and
Desired the Opinion of the Councill what is most requisite to be done
in that Case, Whereupon it is Resolved, and accordingly Established
for a Rule, that by the Said Instruccons, His Majts Lands inthisColony
ought not to be granted to any others then His Xian Subjects comeing
to reside here.

The Councill adjourned till Monday the Seventeenth Instant.

Monday Aprill 17th 1699
Present

His Excellency

William Byrd Edmund Jennings

Edward Hill John Lightfoot

Benjamin Harrison Esqrs

Benjamin Harrison Esqr makes his Excuse for not waiting on His
Excellency on Saturday last, he being at that time Very much indis¬
posed.

Mr Attorney Generali according to Order of Councill of the tenth
day of December last presented the Draught of an Oath by him pre¬
pared to be taken by the Member’s of the Councill as Judges of the
Generali Court, pursuant to His Majts Royall Instruccons, which
Oath consisting of Severall part’s and Seemeing to make a distinction
in the Proceeding’s of the Generali Court, between the Comon Law
and Chancery, Whereupon a Debate ariseing in the Councill, whither
Such a Distinction ought to be made in the Said Oath, and it being a
Matter wholly depending upon the Law for Setling the proceedings in
the Generali Court, therefore

Ordered, that for the present a Short Oath be drawne to be taken

Executive Journals, Council of Colonial Virginia

421

by the Member’s of the Councill as Judges of the Generali Court,
wherein they Shall be Generally Required to doe Justice & c without
mentioning any distinction as to the proceedings in Comon Law or
Chancery and that the further Setlem1 thereof be recomended to the
Generali Assembly.

And accordingly the following Oath being agreed upon Ordered
that it be taken by the Members of the Councill as Judges of the Gen¬
erali Court, till Some other forme be Settled, and prescribed,

You Shall Swear that you will Serve Our Sovereign Lord the King
in the Office of a Judge in the Generali Court and in all Cases in which
you are or Shall be authorised to Act Judicially according to the Law’s
of England and this His Majts Colony and Dominion and that you
will not counsell or assent to anything that by any waies or meanes
may turne to his Majts damage or Dishersion, and that in all Cases
both of Law and Equity you Shall doe equall Justice and Right to all
person’s Rich and poore without Hate fear Favor Malice Affection or
Partiallity.

Ordered that the Said Oath be first administred by His Excellency
to the Severall Members of the Councill in the Generali Court and
Afterward’s they shall administer the same to him.

Mathew Page Esqr Present

Whereas the Magistrates for the County of New-kent have ad¬
dressed His Excellency for a New Comicon of the Peace for that
County, with an Addicon of Severall Gentlemen recomended by them.
His Excellency was pleased to Order that a New Comission of the
Peace for the Said County be prepared and that Cap1 Thomas Bray
Mr John Lewis Mr Nicholas Merriweather and Mr George Keeling be
added to those already in Comission there (Cap1 Bray being putt in
next after those heretofore in the Quorun) the first five in the Said Co¬
mission to be of the Quorum.

Whereas Cap1 John Aldred Comander of His Majts Ship the Essex
prize hath represented to his Excellency, that he is in great want of
powder for His Majt8 Service on board His Said Ship and that he hath
written to the Office of the Ordinance for a Supply butt had not yet
received any Answer and desires that His Excellency will please to
Supply him at present with ten Barrells for which he will either be
accountable to the Office in England, or returne the like Quantity
again here, therefore

Ordered, that the Gunner at James Citty doe deliver unto the
Said Aldred Tenn Barrells of Powder for His Majts Service on Board
the Said Ship, and that he takes the Said Aldred’s receipt and Obliga-
con to return the like quantity again, if his Supply from England ar¬
rives before he Sailes out of this Country, if not, that he Shall give a
Certificate to the Ordinance Office of Soe much by him received as
aforesaid, that the Same may be repaied from thence.

Whereas there have been Severall Navigacon Bond’s given in this
His Majta Colony and Dominion, for the dischargeing of which noe
Certificates have been hitherto produced according to the Acts of
Trade and Navigacon, altho many person’s who have not produced

422

Executive Journals, Council of Colonial Virginia

Such Certificates have really complyed with the Condicons of their
Bond’s, therefore

Ordered, that a proclamacon be prepared (to be published in every
County throughout this His Majts Colony and Dominion) declareing
that none of the Said Bond’s Shall be prosecuted in less then eighteen
months, now next comeing, unless particular Direccons Shall be given
therein from England, and requireing all persons who have any Such
Bond’s lyeing out and not discharged, within that time to provide Such
Certificates or other Legall proofes as Shall be necessary for the dis¬
charge thereof.

The Councill adjourned till tomorrow morning Eight of the Clock.

Tuesday Aprill ye 18th 1699
Present

His Excellency

William Byrd. John Lightfoot

Edward Hill, Mathew Page

Edmund Jennings. Benjamin Harrisson Esq”

Richard Johnson Esqr being by His Majts Royall Instruccons ap¬
pointed a Member of the Councill of State for this His Majts Colony
and Dominion, he tooke the Oaths appointed by Act of Parliament
to be taken instead of the Oath’s of Supremacy and Allegiance, Sub¬
scribed the Test and Association, appointed by Act of Parliam* tooke
the Oath of a Councellor and tooke his place at the Board accordingly.

Whereas their Excellencies the Lord’s Justices of England have
been informed by Severall advices from the East Indies of the Notor¬
ious Piracies comitted by Cap1 Kidd Commander of the Adventure
Galley, and of his haveing seized and plundered divers Ships in those
Seas, and Whereas the Right Honble James Vernon Esqr One of His
Majts Principall Secretaries of State by his Letter to His Excellency
the Governor of this His Majts Colony and Dominion hath Signified
the Direccons of their Excellencies the Lord’s Justices of England, to
the Respective Governo” of the Colonies under His Majts Obedience
in America that they give Strict Orders and take particular Care for
apprehending the said Kidd and his Accomplices whenever he or they
Shall arrive in any of the Said plantacons, as likewise that they Secure
his Ship and all the Effects there'n, to the intent that right may be
done to those who have been injured and robbed by the Said Kidd,
and that he and his Associates be prosecuted with the utmost rigour
of Law; and requireing His Excellency the Govern1 of Virginia, to be
Carefull duely to Observe the Said Direccons and if the Said Kidd or
any of his Accomplices happen to be Seized within the Province under
his GovernnV that he doth forthwith transmitt an account thereof
thither and take Care that the Said person’s Ship and Effects be Se¬
cured, till His Majts Pleasure Shall be known concerning them, there¬
fore

Ordered, that the Commanders in Cheife of the Militia and the
Sheriffs of the severall Counties, and the Collectors and Navall Officer’s

Executive Journals, Council of Colonial Virginia

423

of the Severall Districts within this His Majts Colony and Dominion
doe take all possible Care within their Respective precincts for appre¬
hending the Said Kidd and his Accomplices, and for Securing the Said
Ship and Effects according to the Command of their Excellencies the
Lord’s Justices, and if the Said Kidd or any of his Accomplices Shall
be apprehended by the Said Officers or any of them, That they doe
imediately transmitt an account thereof to His Excellency the Gov-
ernor, and take Care that the Said persons, Ship and Effects be Se¬
cured, till they Shall receive His further direccons therein; And that
this Order may be the better and more effectually putt in Execucon,
the Said Officers and every of them respectively are hereby required
and Comanded to use their utmost diligence in the prosecucon and per¬
formance but not to make any publicacon of the Contents hereof, lest
Intimacon be given, to the Said Pirates, and they be thereby Enabled
to Escape,

Ordered, that the Order of His Excellency in Councill relateing to
Cap1 Kidd and his Accomplices, be Sent to the Sheriffs of the Several!
Counties and that they comunicate the Same to the Comanders in
Cheife, Collectors and Navall Officer’s, within their respective Counties.

Whereas their Excellencies the Lords Justices of England by their
Warrant bearing Date at Whitehall the fifteenth day of November
1698 in the tenth Year of His Majt8 Reigne Countersigned by the Right
Honble the Lord’s Comiconers of His Majt8 Treasury, have directed
and required His Excellency the Governour of this His Majts Colony
and Dominion to Issue a Warrant for allowing unto William Byrd
Esqr Auditor Generali of his Majts Revenues in Virginia the Sume of
two Thousand nine hundred fifty five pounds nine Shilling’s Eight
pence half penny Sterl out of the Ballance which remained on his ac¬
count of the Revenue of Quitrents upon the thirty first day of May 169?
for Soe much by him Expended upon Extraordinary Occasions for
his Majts Service in this His Colony and Dominion of Virginia, there¬
fore

Ordered, that a Warrant be prepared for the Allowance of the
Said Sume unto the Said William Byrd according to the Said Warrant
from their Excellencies the Lord’s Justice’s.

Whereas Cap1 John Aldred Comander of his Majt8 Ship Essex
Prize hath complained to His Excellency that Severall of his Men have
deserted His Majt8 Service on Board the Said Ship, and that, he not
haveing a Sufficient power to pursue and take them upon land, they
gett into the remote parts of the Countrey and enter themselves on
board other Ship’s, and by those meane’s make their Escape, Soe that
they cannot be apprehended and returned to his Majts Service on
board the Said Ship; and therefore the Said Aldred prayed His Ex¬
cellency that he would please to give Such direccon’s therein as he
Should thinke requisite, upon Consideracon whereof His Excellency
with the Advice of the Councill is pleased to Order that a proclamacon
be prepared requireing all His Majts Officers and Subjects in this Col¬
ony and Dominion to be at all times to the utmost of their Ability and
power Aiding and Assisting to the Said Aldred In the apprehending
any Such Seamen as Shall Desert and in returning them to His Majt8

424

Executive Journals, Council of Colonial Virginia

Service on board His Said Ship and that none of His Majts Said Sub¬
jects doe presume to Conceal or harbour any Such Seamen as aforesaid
or be assisting in or contributeing to their Escape, and also that the
Collectors and Navall Officer’s of the Severall Districts within this
His Majts Colony and Dominion doe Strictly charge and forewarne all
Masters of Ships or Vessells comeing into their respective Districts,
that at their utmost perill they do not entertain harbour or receive on
board their Ships or Vessells any Strange Seamen without Authentick
Certificate from whence they came, to the intent that they may not
contribute to the Escape of the Said Deserters or of any other’s which
Shall hereafter desert His Majts Service on board any of His Ships of
War.

Cap* John Aldred Comander of His Majts Ship Essex prize have-
ing represented to His Excell oy that the Master of the Said Ship not
being acquainted with the Coast of Virginia he had hitherto had a
Warrant for a Pilot, and desired the Continuance thereof therefore,
Ordered, that a Pilot be allowed the Said Aldred as formerly he pro¬
viding for the paynb and Satisfaccon thereof.

Whereas the Honoble the Comissioners of the Ordinance Office by
their letter dated the twelfth day of November 1698 have acquainted
His Excellency, that Cap‘ Nathaniell Bostock Comander of His Majta
Late Advice Boat the Swift haveing given them an Account of the Ord¬
nance and Guners Stores Saved out of her and delivered into the Cus¬
tody of Mr Willis Wilson, they have Sent him inclosed a Copy thereof
and desires him for His Majts Service to give the necessary Direccons
for their being Sent for England in the first Man of Warr tha[t] comes
from Virginia or by such Ship as Shall bring the Stores Saved out of
the Said Advice Boat belonging to the Navy, and Consigne them to be
delivered into His Majts Stores within the Ordnance Office as they
Shall direct upon the Arrivall of the Said Stores, therefore

Ordered, that the Said Willis Wilson doe take Care the Said Stores
be safely kept and Sent for England according to the desire of the Said
Comissioners.

Mr Bertram Servants haveing by his peticon complained to His
Excellency of a forceably [forceable] Entry into Some of his Land’s in
Elizabeth Citty County by Robert Beverley and other’s the Said peti¬
con is referred to Mr Attorney Generali for him to consider and report
what is proper to be done therein.

Ordered, that Mr Auditor Byrd doe lay a State of the publick ac¬
counts, before His Excellency and the Councill, after he hath allowed
to himself two thousand nine hundred fifty five pounds nine Shillings
eight pence half penny Sterl pursuant to the Warrant of their Excel¬
lencies the Lords Justices of England, directing the Said Allowance.

Richard Lee Esqr being by His Majts Royall Instruccons appointed
a Member of the Councill of State for this Colony and Dominion, he
tooke the Oaths appointed by Act of Parliament to be taken instead of
the Oaths of Supremacy and Allegiance Subscribed the Test and Asso¬
ciation appointed by Act of Parliament, took the Oath of a Councillor
and tooke his place at the Board Accordingly.

A proclamacon being prepared according to Order for Respiteing

Executive Journals, Council of Colonial Virginia

425

the Prosecucon of Navigacon Bond’s the Same was read and being
approved was Signed in Councill and Ordered to pass the Seal of the
Colony in Order to the Publicacon thereof as Soon as possible.

Aprill 26th 1699
Present

His Excellency

Richard Lee Richard Johnson

William Byrd John Lightfoot

Edward Hill Mathew Page

Edmund Jennings Benj n Harrison Esqr3

By the State of the Publick accounts laid before his Excellency
and the Council it appearing that the Revenue is not above two hun¬
dred poind’s Sterl in arrears, therefore it is not thought necessary to
Recomend the Same to the Generali Assembly.

Ordered, that a Comicon be prepared in [to] Impower Richard
Lee, William Byrd, and Edward Hill Esqrs or any two of them to Ad¬
minister the Oath’s Test and Associacon unto the Members of the
house of Burgesses in this ensueing Generali Assembly and to the
Clerke of the house of Burgesses.

Thursday, Aprill ye 27th 1699
Present

His Excellency

Richard Lee
William Byrd
Edward Hill
Edmund Jennings

Richard Johnson
John Lightfoot
Mathew Page
Benj n Harrison Esqra

His Excellency in Councill was pleased to appoint Benjamin Har¬
rison Clerke of the Generali Assembly and William Randolph Clerke
of the house of Burgesses of the Generali Assembly, and Comissions
being prepared Accordingly] the Same was Signed in Councill.

A Comission being prepared according to Order for Impowering
Richard Lee, William Byrd, and Edward Hill Esqrs or any two of them
to Administer the Oaths Test and Associacon unto the Member’s of
the house of Burgesses of this present Generali Assembly, and also to
the Clerke of the house of Burgesses [The sentence is left unfinished].

Fryday, Aprill, 28th 1699

Richard Lee Esqr acquaints His Excellency that as he came to
James Town to the Generali Court he was at the house of Mr Secretary
Wormeley who was then very ill and not able to ride, therefore he
prayed that His Excellency would be pleased to Excuse his not attend¬
ing according to his Duty.

Mr Carter and Mr Corbin two of the Members of the house of Bur¬
gesses doe also acquaint His Excell cy that they had very lately been

426

Executive Journals, Council of Colonial Virginia

at Mr Secretary Wormley’s and that he being at that time very ill and
weake by reason of his long Indisposicon, did desire them to make his
Excuse to his Excellency, that he was not able to attend his Duty in
Councill, this Generali Court, and Assembly and therefore begs His
Excellency would be pleased to pardon his Absence.

His Excellency being directed by His Majts Royall Instruccons
to transmitt accounts of all the Armes and Ammunition and other
Stores in this His Majts Colony and Dominion, and His Excellency
haveing accordingly caused Inquiry to be made; it Appear’s there are
not any Armes Amunicon or Stores, Except only those at James Citty
Yorke and Tindalls pointe, of which Accounts have been already trans¬
mitted, nor hath any Armes been Sent into this Colony Since the year
1692 at wch time about two hundred were Sent in by Jeoffry Jeffryes
Esqr which were all burnt last fall in the State house Except three or
four menconed in the Account of Edward Ross Gunner at Jame’s Citty.

It is the Opinion and Advice of the Councill that it is for His MajtB
Service That His Excellency doe Comunicate to the Generali Assembly,
His Majts Royall Comands, concerning the fortifying the Harbours
and Landing places, and for Setling Storehouses for Armes Ammuni¬
tion and other Military Stores in Severall places throughout this His
Majty Colony and Dominion and that the Said Instruccon’s be reco-
mended to the Consideracon of the house of Burgesses for their advice
thereupon.

Whereas by an Order of the Last Councill Cap4 Francis Clements
was required to attend and give an account what he had done as Clerke
of the Councill, And how he was discharged therefrom, In Obedience
to which Order the Said Clements, Attended and acquainted His Ex¬
cellency and the Councill, that after being Sw'orne he tooke ye minutes
of the Orders of three or four Council's but by means of a great In-
dispocon then attending him could not stay to perfect the Same, was
thereupon forced to leave them with Mr Deputy Secretary Jenning’s
and prayed that he would intreat the Governor and Councill, that he
might be discharged from the Said Office; and continueing Indisposed,
And not haveing Since received any Comand’s to appear as Clerke of
the Councill, concluded himself discharged, Whereupon the Said Jen¬
ning’s Acknowledgeing that he had received the paper’s from the Said
Clements and had given them to Mr Robert Beverley and desired him
to make up the Councill Bookes, but who did it he doth not know there¬
fore Ordered that the Clerke of the Councill make Inquiry about the
Same, and that he accordingly acquaint His Excellency and the Coun¬
cill, who Entred those Order’s which are of a different hand Writeing
from the other parts of the Booke.

Upon the peticon of Israeli Voss to be Authorised to pilot Ships
up James River, Ordered that a power be granted him accordingly.

Whereas Mr Bertram Servants hath complained to His Excellency
of a Forceably [forceable] Entry made into and upon certain Land’s
belonging to him in Elizabeth Citty County by Mr Robert Beverley
and others, and Mrs Mary Pitt hath complained to His Excellency of
a forceably Entry made into and upon certain Land’s belonging to her
in the Isle of Wight County by Mr Thomas Gyles and other’s, And

Executive Journals, Council of Colonial Virginia

427

whereas Mr Attorney Generali hath Reported to [that] the Offenders
by Law ought to be prosecuted accoring to the Severall Statutes in
that Case made and provided, therefore Ordered, that Mr Attorney
doe prosecute the Said Offenders as the Law directs.

Saturday, Aprill ye 29th 1699

Mr Francis Mackenmie [Mackemie] a dissenting Minister by His
peticon to His Excellency haveing prayed that a proclamacon may
Issue declareing the freedome and Liberty of Conscience, that is allowed
by the Laws of England, and forbidding all persons whatsoever to
Interrupt any Sect of Dissenter’s in the free and open Exercise of Re¬
ligion according to their Severall perswasion’s, the Said Mackennie
was called into the Councill Chamber and His Excellency by the ad¬
vice of the Councill, was pleased to lett him know, that all Dissenters
under His Governm4 Shall have such Liberty allowed them as the Law
directs Provided they use it Civily and Quietly and doe not disturb the
peace of the Governm4 which is all the Encouragm* they can or ought
to expect from him; that if he on his part had Complyed with the law,
he was free to prosecute such as molested him contrary to the Law.

Tuesday, May ye 2d 1699

Whereas His Majty hath been pleased to cause a new Seale to be
made for this His Colony and Dominion, and the Same hath been Sent
to His Excellency together with a Warrant Impowering him to use it
in all the publick affaires of this Governm4 and Ordering that all other
Seales which have been formerly made use of to that purpose Should
be broken therefore,

Ordered, that all other Seales and the Warrants for makeing use
of them, be prepared and brought before His Excellency and the Coun¬
cill, that those Seales may publickly be broken and Defaced, in Order
to the makeing Use of the new Seal Onley.

His Excellency haveing received a Letter from the Honble Thomas
Harvey Esqr Deputy Governour of North Carolina Dated the Sixteenth
day of March 1698 wherein he acquainted His Excellency that he had
Appointed Daniell Akehurst Esqr and Cap4 Henderson Walker Mem¬
bers of their Councill, to wait upon His Excellency with their Charter,
in Order to the Setling the bound’s between those two Governments,
he was pleased to Communicate the Same to the Councill and also to
acquaint them, the Said Akehurst and Walker were come to James
Citty and desired that they would Consider and Advise what was ne¬
cessary to be done in that affair, and what method Should be ob¬
served in treating wth those Gentlemen. Whereupon it was agreed and
Resolved, that before any proceeding were entered into with them, it
was requisite and necessary to enquire how they were impowered to
treat and conclude with any Such person’s as Should be appointed by
this Governm4 and particularly that it may be enquired of them whether
their Governour was approved by His Majty and had taken the Oaths
according to the Act of Parliament of the Seventh and Eighth year of
the Reign of His present Majty Intituled an Act for preventing fraud’s

428

Executive Journals, Council of Colonial Virginia

and regulateing Abuses in the plantacon Trade and for their better
Satisfaccon It is also thought necessary That His Majts Letters pat-
tents appointing His Excellency Francis Nicholson Esqr His lieu* and
Governour Generali of this His Colony and Dominion of Virginia be
Communicated to them; And in Order thereunto the Clerke of the
Councill is Directed to wait upon them, and desire them to be at the
Councill Chamber this Afternoone.

Whereas the Right Honble James Vernon Esqr One of His Majts
Principall Secretaries of State hath Signified His Majts Comand’s to
His Excellency That he Issue proclamacon Strictly forbidding all his
Majts Subjects in this His Colony and Dominion to hold any Corres¬
pondence with the Scotch, whilst they are upon their present expedicon
into the West Indies, therefore,

Ordered, that Mr Secretary Vernon’s letter to that purpose be
delivered to Mr Attorney Generali and that he be directed to draw a
proclamacon pursuant thereto and lay the Same before His Excell cy
and the Councill.

The Clerke of the Councill acquainted His Excellency that ac¬
cording to Order he made Inquiry who had entered the Proceeding’s
in the Councill Booke which were of a different hand writeing, from the
Rest, and he was Informed, it was the writeing of Mr William Beverly.

Post Merediem

His Excellency and the Councill being acquainted that according
to their Desire Mr Akehurst and Cap* Walker were in the Hall ready
to waite upon them, the Said Akehurst and Walker were desired to
walk up into the Councill Chamber; Whither being come, His Ex¬
cellency Laid His Comicon before them that they might be Satisfyed
he was fully Impowered to Act under His Majty as Lieutennant and
Governour Generali of this His Colony and Dominion of Virginia, And
desired to know of them, how they were Impowered to Act in the Affair
the [they] came about

Whereupon they produced a Comicon under the hand and Seal
of Thomas Harvey Esqr Deputy Governour of North Carolina, which
being read, His Excellency caused the Act of the Seventh and Eighth
Yeares of the Reign of His present Majty to be read, and desired to
know whither the said Deputy Governour was Quallifyed according
to that Act, to which they answered that he was not approved by the
King as that Act directs; then His Excellency desired them to with¬
draw and he would advise with His Majts Honnourable Councill, what
was proper to be done, and acquaint them therewith, and accordingly
they withdrew.

Then the Councill entered upon the Debate and a Consideracon
whither it was convenient to treat any further with those Gentlemen
from North Carolina and for as much, As it appeares that the Govenour
by and under whom they are Comissionated is not Qualified according
to Law, the Councill are of Opinion, that he cannot give Sufficient
power to any persons, to Act under him in this affair, and to make a
finall Conclusion and Determinacon thereof, and that therefore it is
not Convenient, to proceed any further therein at this time, but that

Executive Journals, Council of Colonial Virginia

429

the Government of North Carolina be desired to procure Sufficient
power and Instruccons from England for Setling the bounds between
these two Governments as soon as may be, And that there may be the
less trouble hereafter, when it is to be done, if Mr Akehurst and Cap*-
Walker will agree thereto, it is thought Convenient, that the Charter
of the proprietors of Carolina be recorded in the Secretaries Office; and
accordingly the Said Akehurst and Walker being called in and ac¬
quainted with the proceedings of the Councill herein, they consented
to the recording of their Charter; and haveing told His Excellency
they would waite His Commands’ by a letter to their Government they
withdrew.

Ordered, that the Clerke of the Councill doe prepare a letter from
His Excellency to the Honble Thomas Harvey Esqr Deputy Governour
of North Carolina acquainting him with the proceedings of His Excel¬
lency and the Councill with the Gentlemen from that Government
and the Reasons they have proceeded upon; And also to Signify to
him His Excellencies power of makeing a Judge and other Officers of
the Court of Admiralty in that Province, that accordingly they are
appointed, And if there be any Occasion for a Court to be held there,
that His Excellency should be acquainted therewith, in Order to His
giveing Such direccons therein as are necessary.

May 3 d 1699

Charles Scarburgh Esqr being by His Majts Royall Instruccons
appointed a Member of the Councill of State for this His Majts Colony
and Dominion he tooke the Oaths appointed by Act of Parliament
to be taken instead of the Oaths of Supremacy and Allegiance, Sub¬
scribed the Test and Associacon appointed by Act of Parliament, tooke
the Oath of a Councillour and was admitted to take his place at the
board accordingly

Aaron Whitsun Master of the Ship Integrity by his petition have¬
ing Complained to His Excellency against Mr Peter Hayman Collector
and Navall Office of the Lower District of James River for Severall
Injuries done to the petitioner by the Said Hayman all which appearing
to be matters of Law, the Peticoner is directed to prosecute the Said
Hayman as the Law directs.

John Hanley by his peticon to His Excellency haveing complained
of Severall Injuries done to him by Sampson Dorrell all which appear¬
ing to be matter of Law the Peticoner is directed to take his remedy
by process at Common Law.

Whereas John Hanly by his petition to His Excellency hath Sett
forth that he was Imployed by Sr Edmund Andros His Majts late
Lieutenant and Govenour of this Dominion to make a platforme at
Tindalls point the Said Sr Edmund Andros agreeing to pay him after
the Rate of thirty three Shillings a Square, and that the petitioner
hath accordingly made a platforme One Hundred and Sixty foot Long
in Length and" Sixty foot in Breadth whereby there accrues due to him
the Sume of forty four pound’s Seventeen Shilling’s and Six pence
Sterl. which hath been oweing to him three yeares and he knoweth

430

Executive Journals, Council of Colonial Virginia

not how to gett it, therefore he prayes this [his] Excellency will be
pleased to take the Same into His Consideracon.

Ordered, that Edmund Jennings and Mathew Page Esqrs doe
Veiw the Said platforme at Tindalls pointe and make report of the
Worke done thereon by the Said Hanly unto Mr Auditor Byrd, who is
also Ordered to adjust the Said Hanly’s Account, and Report the Same
to His Excellency and the Councill.

Richard Dunbar Gunner at Tindals pointe haveing Exhibited
his Claime against the Publick Revenues for His Salary and Some Ex¬
traordinary Services, the Same is referred to Mr Auditor Byrd to be
examined and Reported.

George Turner haveing preferred a peticon to His Excellency in
Councill for Certain Land’s in New Kent County w'hich being properly
grantable in the Generali Court.

Ordered, that the Said peticon be lodged in the Secretaries Office
to be preferred next Generali Court.

The Clerke of the Councill according to Order haveing prepared
a letter to the HonbIe Thomas Harvey Esqr Deputy Govenour of North
Carolina, the Same was read and being approved was Ordered to be
Transcribed for His Excellencies Signing.

The Charter of the proprietors of North Carolina being recorded
in the Secretaries Office, the Same was Examined in Councill and Com¬
pared with the Originall.

May ye 4th 1699
Present

Richard Lee.
William Byrd.
Edward Hill.
Richard Johnson

His Excellency

Charles Scarburgh
John Lightfoot.
Mathew Page
Benj n Harrison Esqrs

Whereas Richard Dunbar Gunner of the Fort at Tindall’s pointe
hath prayed His Excellency that he may be discharged from his Said
Office.

Ordered, that Edmund Jennings and Mathew Page Esqrs when
they Examine the Said Dunbars accu of His Majt8 Stores at Tindals
pointe, doe also consider what is most proper to be done with the Said
Stores and who is the fittest person to take Care of them, and Report
the Same to His Excellency and the Councill.

Ordered, that the Next Audit of the publick Revenues be upon
the twentieth day of June next, at wch time all the publick Accounts
Shall be made up to the twenty fourth day of the Said Month, and that
thereafter an Audit be appointed and the Accounts of the publick Rev¬
enues Stated and Setled once every quarter of a Yeare.

Ordered, that His Majts Instruccons concerning a Court of Ex¬
chequer to be Established in this His Majts Colony and Dominion be
given to Mr Auditor Byrd for him to Consider and report his Opinion
thereupon.

Executive Journals, Council of Colonial Virginia

431

Ordered, that His Majts Instruccons concerning the Secretaries
Office, be Sent to Mr Secretary for him to Consider and give his An¬
swer thereupon.

Ordered, that Richard Lee, William Byrd, Charles Scarburgh
and Benjamin Harrison, Esqr8 doe Consider His Majts Instruccons to
His Excellency for the Improvement of the Country and Report their
Opinions thereupon.

There being now present as many members of the Councill as can
be expected this Assembly, His Excellency caused all the proceedings
of the Councill from His first Comeing into the Government to be
read and was also pleased to acquaint the Councill that according to
His Instruccons the Councill Bookes Should alwaies be ready for them
to have Recourse thereunto as Occasion Shall require.

May 5th 1699

Whereas there are Severall Stores belonging to the Navy and Ord¬
nance Offices, which were Saved when His Majts Late Advice Boat the
Swift, and His Ketch the Roe were lost, which Stores are at present in
the possession of Edmund Jenning’s Esqr and Lieutenant Coll Wilson
and if Some Care be not Speedily taken to dispose of them, will be
utterly Spoiled, And Whereas the Comissioners of the Ordnance Office
by their Letter to His Excellency have desired that Such of their
Stores as were Saved from the Said Advice Boat the Swift may be sent
to them in England, therefore,

Ordered, that the Said Stores belonging to the Ordnance Office
Saved from the Said Advice Boat the Swift be preserved and Sent to
England according to the Said Comissioners Letter, and y‘ the said
Jennings and Wilson doe dispose of the Remainder of the Said Stores
in their Possession’s to be best advantage and give His Excellency an
Account thereof from time to time as they Shall be by them disposed of.

Whereas Edward Hill Esqr Judge of the Court of Admiralty hath
acquainted His Excellency and the Councill, that the Ship Integrity
of Biddeford Aaron Whitson Master by a Decree of the Court of Ad¬
miralty at the prosecucon of Peter Heyman Esqr Collector and Naval 1
Officer for the Lower District of James River was lately Condemned
as Forfeit for a Breach of the Acts of Trade, from which Decree the
said Aaron Whitson appealed to the High Court of Admiralty in Eng¬
land, Whereupon the Said Judge of the Admiralty had caused the Said
Ship to be appraised by Understanding honest men upon their Oaths
in Order to the takeing Sufficient Security, that the Said Aaron Whit¬
son Should be answerable for the Value of the Said Ship, In case the
Decree of the Court of Admiralty here, Should be affirmed in England,
upon the Returne of which Appraisement, the Said Aaron Whitson
Offered to pay for the Said Ship, as She was appraised, and to lett fall
the presecucon of the Said Appeal; whereupon the Said Edward Hill
Esqr prayed the direccon of His Excellency and the Councill therein,
And whereas William Byrd Esqr Auditor Generali of His Majts Rev¬
enue in this His Colony and Dominion of Virginia is Satisfyed, that
the Said Appraisement, is very well made for His Majts Interest, And
His Excellency hath been pleased to give His Assent thereto, there-

432

Executive Journals, Council of Colonial Virginia

fore it is the Advice and Opinion of the Councill that the said Aaron
Whitson may be admitted to purchase, and pay for the Said Ship, ac¬
cording to the Said Appraisement, if the Said Peter Heyman on his
part be contented therewith.

May, 9th 1699

Whereas Edward Ross Gunner at James Citty and Richard Dun¬
bar Gunner at Tindalls pointe according to Orders unto them given,
have laid before His Excellency the accounts of those Severall Fortifi-
cacons, and the Stores belonging to them whereby they appear to be
wholly useless and unserviceable, And whereas William Byrd and Ed¬
ward Hill Esqrs to whom the same was referred have viewed the Said
Fortificacons at James Citty, and examined the Gunners accts and by
their Report doe Sett forth that it is very exactly taken and Edmund
Jenning and Mathew Page Esqrs to whom the Same was referred doe
Report that the platforme and Carriages of the Gunns at Yorke and
Tindalls Pointe are decayed and Rotten; Therefore His Excellency
hath been pleased to lay the Said accounts, and the Reports thereupon,
before His Majt8 Honourable Councill, and to desire their Opinion and
advice therein, upon which they tooke the Same into their Serious
Consideracon, and after Some time Spent in the Debate thereof, they
agreed upon the following Opinions and Advices;

That Land Fortifications cannot be made Sufficient to defend this
Country from the dangers of Enemies Privateers or Pyrates for that
the Country being Low, towards the Sea, Rivers and Crevk’s, there
are Landings at almost every plantacon, and many good Landing
places where there are noe plantacons, Soe that it will be easy to Land
and come upon the Back’s of those who are to defend the Fortificacons,
and after haveing possessed themselves thereof, to make use of the
Gunn’s against the Country, And therefore it is more dangerous for
the Government, to have Such Fortificacons, then to be without them.

That to build and maintaine Land Fortificacons will be of greater
Expence than this Country can bear, nor will it Countervail the Cost
to be done at His Majts Charge.

That the Said Fortificacons are not Sufficient to prevent Insur-
reccons for that it will be easy for Conspirator’s to make themselves
Master’s both of the Armes And Amunition, When they lye without
Guard in two or three places.

That the Trade cannot be Guarded or Illegall Traders prevented
by .Such Fortificacons, Some Rivers being Soe broad that their Gunns
will not Comand their Channels.

That it is dangerous to keep all the powder in two or three places,
because it is Easy to cease [seize] it as afore hath been said either by
Enemies, Pyrates, or any ill disposed persons, and likewise to much
exposed to the dangers of frequent and great Lightnings, to which the
Clymate is very Subject.

That the only meanes to protect and defend this Government,
must be by a Navall force, which will both Strengthen it against In-
surreccons from within and Enemies and Pirates from without, and
will also be more effectuall to detect and prevent Illegall Traders.

Executive Journals, Council of Colonial Virginia

433

That to prevent the aforeinenconed Danger to the Powder, it is
most expedient to distribute it in Small Quantities into the Severall
Counties throughout the Government, where it will be more safe from
accidents, and will also be ready upon any Sudden Occasion.

That therefore it is not for the Service or Interest of His Majty or
or of this His Colony and Dominion to be at any further Expence upon
the Said Fortificacons, but that they be left in the Ruinous Condicon
wherein they are at present, and that the powder be distributed in
Small Quantities, into the Severall Counties, for the better Security
thereof, And that it may be more ready upon any Sudden Occasion for
His Majts Service, and Accordingly

Resolved, that noe more expence be made upon the Fortificacons
at James Citty Yorke and Tindall’s pointe (those at Rappahannack
and Nansemuhd being already neglected and Ruined, the Gunners
discharged, and the Gunns belonging to that at Rappahannack re¬
moved) and that the powder at those places be disposed of into the
Severall Counties as aforesaid.

But forasmuch as the said Fortificacons have Some times been rep¬
resented to be of great consequence to this His Majte Governm*, there¬
fore

Ordered, that the Proceedings of His Excellency and the Council!,
concerning them be laid before the house of Burgesses, now Sitting, and
that it be recomended to them, to Consider and give their Opinions
thereupon.

May 10. 1699

Whereas John Lightfoot Esqr hath Complained to His Excellency
and the Honble Councill that he peruseing the Councill Booke, con¬
ceives two Orders therein contained doe tend much to his disreputacon,
one on the twenty fifth of September 1696; the Other of the first of
March 1696-7 Since both which he was admitted and Sworne One of
His Majts Councill of this Colony.

Therefore he earnestly move’s that His Excellency and the
Honourable Councill, would cause an Order of Councill to be Entered
either in haec verba , or to this Effect, (Viz1)

That upon Consideracon of the Said Complaint this Board are
oblidged in Respect to truth to declare that from the time, the Com¬
plainant was Sworne of the Councill, which is above two Yeares, he
hath given his Constant Attendance, and behaved himself wth out
Offence, nor hath in the least deserved, an ill Character Since, therefore

Ordered, that the Same be entered accordingly, only Mathew
Page and Benjamin Harrison Esqrs being but Lately Sworne into the
Councill, they cannot testify for any longer, than the time they have
been there.

May. 11th 1699

Whereas Anthony Holliday and Ann his Wife have complained
against Samuell Hill and John Read of Warwick County, that at the
Last Generali Court, they did Surreptitiously procure themselves to be
assygned Guardians to Mary Brewer an Infant, Grand Daughter to

434

Executive Journals, Council of Colonial Virginia

the Said Anne, of which Guardianship, they are not Capable by Law,
One of them being a Professed Roman Catholick, therefore

Ordered, that the Said Samuell Hill and John Read doe upon Tues¬
day the Sixteenth Instant attend His Excellency and the Councill at
James Citty to answer the Said Complaint, and that they cause the
Said Mary Brewer to be there also.

Whereas there are Severall Sumes of money due to Severall per¬
son’s for Messages in the Service of the Governrrb the last Year, as
appears by the Councill Booke in the proceeding’s of the twenty
Eighth of October Last, therefore

Ordered, that a Warrant be prepared for ye paying the Said money
to the Clerke of the Councill, and that he pay the Same to the Severall
person’s respectively to whom it is due.

Whereas upon the petition of John Hanly for forty four pound’s
Seventeen Shillings and Six pence Sterl which he Said was due to him
for makeing a plattforme at Tindalls pointe, Edmund Jenning’s and
Mathew Page Esqrs by Order of Councill of the third Instant were ap¬
pointed to View the Said Worke and Make Report thereof, by which
Report it appear’s, that the Said platforme is not at present of any
use, nor was it first made, as it ought to have been, and were of Opin¬
ion that twenty five pound’s Sterl. was Sufficient, to be paid to the
Said Hanly for the Same, therefore

Ordered, that twenty five pound’s Sterl be paid out of His Majts
Revenue of two Shillings per hogshead and port Duties, unto the Said
Hanly in full Satisfaccon for findeing Materialls and makeing the Said
platforme, and that Warrant be prepared accordingly.

May: 12 : 1699

A Warrant being prepared according to Order of the eighteenth
of Aprill last, for alloweing unto William Byrd Esqr Auditor Generali
of His Majts Revenues in Virginia the Sume of two thousand nine
hundred fifty five pound’s nine shillings Eight pence half penny Sterl
Out of the Ballance which Remained on his Account of the Revenue of
Quittrents upon the thirty first of May 1697 his Excellency Signed
and Sealed the Same in Councill.

May: 16: 1699

Richard Johnson Esqr haveing gone home on Saturday last, and
being there taken very ill, made his Excuse by a letter, to His Excel¬
lency, for his Absence Yesterday, which letter being Communicated
to the Councill, Ordered that the Clerke of the Councill doe prepare
an answer to the Said Letter to be Signed by His Excellency, desireing
the Said Johnson to be in Town, as Soon as his health will permitt.

Samuell Hill and John Read attending according to Order to an¬
swer the Complaint of Anthony Holliday, and Anne his Wife, the
same is referred to Mr Attorney Generali for him to examine the matter
of fact, and Report the Same together with his Opinion thereupon.

Upon the petition of Lewis Knott to be admitted a pilott for Nan-
semund River, Ordered, that a power be granted him accordingly

Executive Journals, Council of Colonial Virginia

435

Whereas there are Severall matters of very great Import to be
performed in the Intervall between this and the next Session of the
Generali Assembly, as particularly the Revisall of the Laws, and the
building of the Statehouse, neither of which can be concluded and fin¬
ished by the next fall, So that there cannot well be another Session at
that time, and Likewise it will be too great a Charge to the Country,
to have two Session’s in any One Yeare, And whereas the Spring is of
late Yeares become a very improper Season for an Assembly, because
it cannot be Convened till after Aprill Generali Court, at which time
the Same Inconveniences will attend the Members, that they lye
under at present, And also it will be very difficult to provide for the
Accomodacons and reception of all such persons as Shall be required
to attend both upon an Assembly and a Generali Court, and it may
reasonably be hoped, that the Laws will be Revised and the State house
well nigh finished by the month of September in the Year 1700 which
will be a very fitt time for holding an Assembly, therefore

Resolved, that it be recomended to the Gentlemen of the House of
Burgesses to take Care to raise money enough, to pay the publick
Debts, already Contracted and build the State House, and also to
make such other Sufficient provisions for the Security, Defence, and
all other Contingencies which may happen to the Government, Soe
that except upon Some Extraordinary Accidents (which God forbid)
or direccons from England there may not be Occasion for another
Session of Assembly untill September 1700

May. 17. 1699.

Whereas Informacon hath been given to His Excellency and the
Councill, that Samuell Hill, John Read, and other persons disaffected
to the Government and of Popish principles have been contriveing
and endeavouring to carry an Infant named Mary Brewer out of this
Government into the Province of Mary Land that She may be there
marryed to a professed Roman Chatholick, and also that they have
been guilty of divers other practices, tending to the disturbance of this
His Majts Governm1, therefore

Ordered, that William Aylward of Yorke County the Said Samuel
Hill, and John Read and also John Lucas Senr and John Lucas Junr
(if he is of Sufficient Age) of the County of Warwick and every One of
them be Summoned by the Sheriff of each County where they reside
Respectively to appear, at the next Court for the Said County; and
that upon Such appearance, the Said Court do tender the Oaths ap¬
pointed by Act of Parliament to be taken Instead of the Oaths of Al¬
legiance and Supremacy, and the Test appointed by Act of ParliarrP
unto the Said Aylward and the other persons before named and to every
one of them Severally; and in Case of the Refusall of them or any of
them to take the Said Oaths and Test, that the Said Court doe Certifie
the Same to the Attorney Generali, who is hereby required to proceed
against them and every of them (Soe refuseing) according to Law

Whereas Anthony Holladay and Anne his Wife have represented
that at the Generali Court Last past Samuell Hill and John Read did
Surreptitiously procure themselves to be assigned Guardian’s to Mary

436

Executive Journals, Council of Colonial Virginia

Brewer an Infant, Grandaughter to the Said Anne of which Guardian¬
ship they are not Capable by law One of them being a professed Roman
Catholick; and whereas Bartholmew Fowler, Esqr Attorney Generali
to whom the Same hath been referred doth report, that, it appearing
to him, that the Order of the Generali Court Granting the Guardian¬
ship of the Said Mary Brewer to the Said Samuell Hill and John Read
is Conditional!, and hath not yet taken Effect, and that the Said Hill
and Reed have not only obtained the Same by a false Suggestion, of
their being next of Kin to the Said Mary Brewer, but also that they are
One or both of them popish Recusants, and therefore incapable by
law, of Such Guardianship; it is his Opinion, that His Excellency in
Councill may give direccons to the County Court of Warwick not to
take any Security of the Said Hill and Read, thereby to enable them
to Act as Guardians; and also to appoint Such person or person’s as
they shall thinke fitt, to take Care of the Said Orphan and her Estate,
till the next Generali Court, where the truth of the matter may be the
better inquired of and the Guardianship of the said Infant comitted
to the next of Kin qualified by Law: and whereas Informacon hath
been made to His Excellency and the Councill that the said Hill and
Read have been contriveing to carry the Said Infant out of the Gov-
ernm‘ into the Province of Mary Land that She may be there Married
to a professed Roman Catholick, therefore

Ordered, that the Said County Court of Warwick doe not take
any security of the said Hill and Read whereby to enable them to Act
as Guardian’s as aforesaid; and that they doe appoint Such person or
person’s as they Shall thinke proper to take Care of the Said Orphan
and her Estate till the next Generali Court; And that till the Next
Court for the Said County of Warwick the Said Infant be Comitted
to the Care and Custody of the Said Anne Her Grand mother.

The Clerke of the Councill according to Order haveing prepared
a Warrant for twenty five pounds Sterl. payable to John Henley in full
for findeing materials and makeing the Platforme at Tindalls point;
the Same was accordingly Signed in Councill.

Whereas by a Letter from the Right Honble the Lord’s Comiconers
of His Majts Treasury, Dated at Whitehall the fifteenth day of No¬
vember, 1694 Directed unto Sr Edmund Andros Kn6 (who at that time
was His Majt8 Lieutenant and Govenour Generali of this His Colony
and Dominion of Virginia) And to the Govenour or Commander in
Cheif for the time being, it is directed that One or more Small Vessell’s
of about forty Tunn’s be hyred with Skillfull Commander’s in these
partes, for whom the Said Govenour or Comander in Cheif will be
answerable, and that they be appointed to Cruise upon the Coast of
Virginia, with power to examine all Ships tradeing to and from those
partes and to Inspect the Clearing’s of the Said Ships in the Collectors
bookes in Order to the discovery of forged Cockquets and Certificates,
His Excellency caused the Said Letter to be read in Councill and for as
much as at present there is noe Such Vessell in the Service of this
Governm* He recomended it to the Consideracon of the Councill,
whether His Majts Service required that Such a Vessell be hyred
for the Uses aforesaid and whereas it appeares that the Revenues of

Executive Journals, Council of Colonial Virginia

437

the Governm* are already Soe far ingaged in debt, partly by this
meanes, that money cannot be procured to hyre Such a Vessell as
aforesaid, without anticipating the Revenues contrary to His Majts
Royall Comands; and it hath been found by the Experience of two
Such Vessells sett out at Severall times, by virtue of the Said Letter,
that they have been very prejudiciall to the fairTraders in these partes,
but never detected any illegall practices or discovered any unfair
Trader’s; therefore they are of opinion that it is not for the Service,
either of His Majty or this His Governor, that any Vessell be hyred
to Cruise as aforesaid,

Ordered, that the proceeding’s of His Excellency and the Councill
herein be laid before the Burgesses and that it be recomended to them
to Consider and give their Opinions thereupon.

Ordered, that the Coppyes of the proclamacons against Corres¬
ponding with the Scotch, be Sent to the Collectors and Navall Officers
of the Severall Districts within this His Majts Colony and Dominion,
and that they Signify the Same to all Masters of Ship’s or Vessells
comeing into their Respective Districts.

Whereas by His Majts Royall Instruccons to His Excellency, he
is directed not to Act with a Quorum of Less than five Members of the
Councill, unless upon Extraordinary Emergencies, when a greater
Number cannot be conveniently had: and at present Severall Mem¬
ber’s of the Councill are often incapacitated to attend Some by Sick¬
ness and other Indisposicons and some by reason of the Remoteness
of their Habitacons, and the difficulty of Comeing to James City,
which is the Seat of the Government Soe that the Meetings of the
Councill can be but very Seldome, and then but few of the Members
can attend; therefore

It is the Opinion and Advice of the Councill that it is for His Majts
Service that His Excellency doe represent to His Majty the present
State of the Councill, with Relacon to the particulars aforemenconed,
and that he Address his Majty either to appoint a greater number of
Councellours than hath heretofore been usuall, Or that he will be
pleased to give him Leave to Act with a lesser number than five.

May 18th 1699

Whereas by the Letters of Mr Thomas Milner unto his Brother
Mr Francis Milner, and of Daniell Sullivan to Cap‘ Miles Cary, this
day read in Councill, It appears that Severall undue practices were
used by Majr Thomas Godwin, Mr Edmund Godwin and Cap‘ Thomas
Jordan Sheriff of Nansemund at an Election of a Burgess’ for the Said
County of Nansemund Upon Tuesday the ninth Instant, which Said
undue practices haveing relacon to the priviledges and Liberties of the
House of Burgesses, therefore

Ordered, that the Said Letters be laid before the House of Bur¬
gesses and that the Especiall Consideracon thereof be Recomended to
them.

438

Executive Journals , Council of Colonial Virginia

May. 19. 1699:

The petition of Francis Dance against Sampson Dorrill is referred
to Mr Attorney General for him to take Care, that right be done to the
Complainant.

The petition of Richard Kitson for pay for his Sloop hyred into
His Majle Service, is referred to Mr Auditor for him to examin, the
matter of fact, and Report the Same with his Opinion, thereupon.

The petition of Abiah Merchant, Widdow complaining, that She
liveing near the Bound’s between this Governm1 and that of Carolina,
is compelled to pay quitt rents in both Governments, is referred to Mr
Auditor for him to Enquire into the matter of fact and report the Same
with his Opinion thereupon.

Whereas Informacon hath been given to His Excellency and the
Councill of Severall illegall & seditious practises in the County of
Nansemund, Into which it is necessaty to make Inquiry; and for as
much as the present Sheriff of the said County is represented as a
great Abetter of the Same, and being himself an offender, will not be
active in performing his office upon such an Inquiry, therefore.

Ordered, that the Clerk of the Councill doe prepare a warrant to
be Signed by His Excellency Impowering Thomas Swann Gent to
Sumon such witnesses, as Shall be necessary to be examined, to appear
before George Naswarthy Gent One of His Majts Justices of the peace
for the said County, to testify the truth to the best of their knowledge
in the premisses.

Whereas Cap1 Miles Cary hath laid before His Excellency and the
Councill a Letter to him from Mr Daniell Sullivan, and Mr Francis
Milner hath also laid before His Excellency, and the Councill, a letter
to him from his Brother Mr Thomas Milner by both which letters it
it represented that in Order to begitt an evil! opinion of His Majts
Governm1 of this His Colony and Dominion of Virginia, in the minds
and opinions of His good & loyall Subject’s, thereof and as much as in
them lyes, to Stir up and cause Sedition in this His Majls Government,
Many Scandalous, false, and malicious Rumours and Reports, have
lately been invented, raised and divulged amongst His Majls Subjects
in the County of Nansemund, by Severall persons of Seditious and
disloyall principalis, and particularly by Majr Thomas Godwyn,, Mr
Edmund Godwin, Cap1 Thomas Jordan, Andrew Ross, and others
their Associates in the Said County, for the more full and effectuall
detecting and discovering the Said illegall and Seditious practises, and
that the Said Offenders may be brought to Condign punishment, for
their Said Offences according to law.

Ordered, that George Nasworthy Gent One of His Majls Justices
of the peace, for the Said County of Nansemund doe forthwith take
the Examinacons and Depositions in Writeing of all Such persons as
shall be brought before him by Cap1 Thomas Swann (who is particu¬
larly thereto Impowered by His Excellency) Relateing to the Said il¬
legall and Seditious practices, And if it Shall come to the Knowledge
of the Said Nasworthy that any person or person’s, other than those
that shall be So brought before him as aforesaid, can give any materiall
Informacon or Evidence for His Majts Service therein, that he doe

Executive Journals, Council of Colonial Virginia

439

forthwith cause them to be brought before him, to testify the truth to
the best of their Knowledge concerning the premisses; and after such
examinacons Shall be made and Depositions taken as aforesaid, that
the Said Nasworthy doe with all possible expedition lay before His
Excellency a particular account of his proceedings therein.

Whereas John Taylor of the County of Charles Citty Gent by
his petition to His Excellency and the Councill, hath humbly repre¬
sented, that by an Order of this Honorable Board dated at James Citty
the twenty third day of February 1698 he is suspended from Executeing
the Office of Clerke of Charles Citty County Court, untill he be tryed
on an Informacon of Perjury, which he Complained was falsly and mal-
itiously laid against him, by Mr James Minge, and prayed to be brought
to tryall thereon, before the Generali Court, where the same hath since
been lawfully tryed, and the Petitioner therefrom lawfully acquitted,
and therefore he hath prayed that, the Said Suspension may be taken
of. by Order of this Honorable Board, and that the Reasons thereof
may be entred in the Same, that the Petitioners Reputacon may Stand
fair on the Councill Book; and whereas it appear’s, that the Said
Taylor according to his former petition, was at the Last General!
Court brought to his tryall, upon the Said Informacon of perjury
Exhibited against him, and that he was thereof acquitted upon very
full evidence then given, the Said Informacon appearing to be frivolous,
false, malitious and Vexatious and at first exhibited against him more
out of design to Scandalize and blacken his Creditt and reputacon than
with intention or hopes to have him convicted upon a fair legall Tryall;
therefore, for as much as the Reasons of the Said Suspension are now
ceased,

Ordered, that the Suspension of the Said John Taylor from Exe¬
cuteing the said Office of Clerke of Charles Citty County Court, be and
is hereby declared to be revoaked made Void and of none effect in prej¬
udice of the Said Taylor’s pretencons thereto for the future.

May. 20. 1699.

Mr Attorney Generali according to Order haveing prepared a
proclamacon for apprehending Seamen deserting His Majt8 Service on
board his Ship Essex prize and other Ships of War, the Same was read
and being approved, was Signed in Councill; and Ordered, that three
of them be Sent to Cap* John Aldred Commander of the Said Ship
Essex-prize.

Mr. Richard Dunbars account being adjusted and Setled, His Ex¬
cellency in Councill, Signed a Warrant for Seaventeen pound’s, three
Shillings Sterl, payable to the Said Dunbar, for one yeare and half a
quarter’s Salary as Gunner of the Fort at Tindalls pointe, and for Sev-
erall other disbursements for the Use of the Said Fort.

May. 24. 1699

The petition of Arthur Whitehead Complaining of an Assault
made upon him by One of the Nottaway Indian’s, is referred to Ben¬
jamin Harrison Esqr to examine the Matter of fact and Report the

440

Executive Journals, Council of Colonial Virginia

Same, to His Excellency and the Councill, together with his Opinion
thereupon.

Ordered, that Mr Attorney Generali doe consider what is the
proper Stile that all Comicons and other publick Instruments in this
His Majts Colony and Dominion ought to bear, and that he report his
Opinion, therein to His Excellency and the Councill.

May. 26. 1699.

The petition of William Leigh Gentleman for a Grant of certain
Land’s in King and Queen and Essex Counties is referred to the Co-
mittee appointed to Settle the Claimes to Land’s in Pamunkey Neck
and on the South Side of the Blackwater Swamp, for them to Examine
the matter of the Said petition and report their Opinions therein.

His Excellency haveing communicated to the Council] His Majts
Royall Coman ds concerning the Collectors and Navall Officers, and
desired that such of the Gent of the Councill, as were concerned in
those Offices, would consider what answer was to be given, or what
was to be done in Obedience thereto; which they not haveing yett
done, they prayed that His Excellency would give them further time
till Tuesday next, and accordingly the Same was referred till that time.

Whereas Cap4 Thomas Swann by his Letter to His Excellency,
hath represented, that when he lived in the County of Surrey and had
Comand in the Militia of that County, there were Severall fynes levyed
upon Refractory person’s, for not provideing themselves with armes,
not appearing at Musters & c all which fines were deposited in the hands
of Cap4 Francis Clements, who hath Converted the Same to his own
use, and never made any account thereof, therefore,

Ordered, that the Said Letter be delivered to Benjamin Harrison
Esqr the present Commander in Cheif of that County, and that he doe
examine the Matter of fact, and take Care that Right be done therein,

Ordered, that Mr Edwin Thacker be desired to goe to Middle
plantation to assist Mr Theodorick Bland in Surveying and laying out
the Land for a Town,

May. 30. 1699

James Minge Coroner of the County of Charles Citty haveing
laid before His Excellency and the Councill an Inquest by him taken,
upon the body of Sarah Bray Late wife of Samuell Bray of that Coun¬
ty, Ordered that the Said Enquest be delivered to Mr Attorney Gen¬
erali, and the offender’s therein menconed be prosecuted, according to
Law,

Ordered, that a Warrant be prepared for tenn pounds Sterl. pay¬
able to Mr Comissary Blaier to be by him Equally divided to tenn
Minister’s who preached at James Citty, the last Generali Court and
this present Generali Assembly.

Whereas Mr Attorney Generali hath examined and considered,
the Depositions of Severall persons taken before George Nasworthy
Gent One of His Majte Justices of the peace for the County of Nanse-
mund, relateing to Severall misdemeanours comitted in that County,

Executive Journals, Council of Colonial Virginia

441

and hath reported his Opinion, that Majr Thomas Godwin, Cap4 Ed¬
mund Godwin, Cap4 Thomas Jordan Cap4 Thomas Godwin, and An¬
drew Ross, ought to be prosecuted at Law, for Severall high Crimes
and Misdemeanours charged upon them in the Said Deposicions there¬
fore

Ordered, that Mr Attorney Generali doe prosecute the said Offend¬
er's and every of them, for the Severall Crime’s whereof they Stand
Charged.

Whereas divers Complaints have been made of the evill and Sedi¬
tious practices used in Severall parts of the Country, by the people,
called Quakers, therefore,

Ordered, that it be Recommended to Mr Comissary Blaier to
Consider of the most proper methods for preventing the like for the
future.

May. 31. 1699

Whereas Mr Peter Hack Deputy Collector of the Lower District
of Potowmack River hath represented to His Excellency that One
William Aiding Master of the Ship good Speed of New England, at
his comeing into the Said District made a legall entry with him the
Said Hack and the Navall Officer, but upon the twenty Second day of
Aprill last he went away with his Said Ship without Clearing; and
whereas Mr Attorney Generali to whom the Same was referred hath
reported his Opinion therein that the Said Aldings Entry bond ought
to be put in Suite against his Security, therefore

Ordered, that Mr Attorney Generali doe prosecute accordingly.

Mr Attorney Generali according to Order, that he Should con¬
sider whether the Order’s of the Councill and other thing’s entered in
the Councill Bookes, may be esteemed to have the force and validity
of Record’s, Reported his Opinion thereupon, that the Order’s of the
Councill Board and all other things and Matters entered in the Coun¬
cill Bookes (except those which are themselves Record’s) cannot be
accounted Record’s neither can they be given in Evidence as Such in
any Court of Record in this His Maj48 Dominion of Virginia.

His Maj43 Royall Instruccons relateing to the Office and Duty of
the Secretary of this His Maj4s Colony and Dominion haveing been
Sent to Mr Secretary Wormeley for his Answer thereupon, he being
very much Indisposed and unable to come to Town, gave direccons to
Edmund Jenning’s Esqr Deputy Secretary to make Such answer therein
as he Should thinke necessary, in pursuance, whereof the Said Jenings
laid before His Excellency the following answer

May it please Yor Excellency

Mr Benjamin Harrison haveing Signified Yor Excellencies Comands
to Mr Secretary Wormeley for his Answer to two of His Maj48 Royall
Instruccons relateing to the Secretaries Office and Duty, Mr Secretary
being much Indisposed and not able to waite on Your Excellency and
I haveing officiated that Office for Some time, prays You’l please to
give me leave to make answer, That to the first for provideing Tran¬
scripts of all Acts and publick Orders & c to be transmitted for Eng¬
land & c Mr Secretary and Since I had the honour to be imployed in

442

Executive Journals, Council of Colonial Virginia

that Station hath not bin wanting and are Still ready to doe their
duty therein. That to the other of Severall undue practices in the
Secretaries office & c Mr Secretary nor myself are not Senseable of any
haveing alwaies endeavoured the Office might be kept clean from Cor¬
ruption, and if any usuall or former method’s are not thought proper
or ill Managem4 Mr Secretary is ready to observe Comand’s therein,
And hopes Yor Excellency will find the Record’s in good Method and
order, Mr Secretary and my Self are ready and Shall take Care that
all other’s concerned give Such Security and take Such Oaths as Your
Excellency Shall direct, And pray’s Yor Excellencys favourable con¬
structions and report to His most Sacred Majty And the R4 Honb)e
the Lord’s Comissioners for trade and plantacons.

Whereupon Ordered, that Mr Attorney Generali doe prepare
Such bonds and Oaths as are proper to be entered into and taken by
Mr Secretary and his Clerkes and every one of them respectively, for
their faithfull and true dischargeing of the Severall trusts Reposed in
them.

June. 1. 1699

Mr John King being examined to what he knew concerning a
Scandalous Libell, published by Samuell Grey Clerke, the Said Ex-
aminacon was taken in writeing, and the said King Swore to the truth
thereof, and Ordered that it be delivered to Mr Attorney Generali, for
him to consider and report what is proper to be done therein.

The petition of James Mason, for a horse become forfeit to His
Maj4y by the death of Thomas Binns Late of Surrey County, is re¬
ferred to Benjamin Harrisson Esqr for his Opinion therein.

Barentine Howells his petition Complaining of an Abuse putt
upon him by Daniell Parke Esqr late Escheator of Yorke County, is
referred to Mr Attorney Generali for his Opinion thereupon.

June. 2. 1699

Whereas Mr Attorney Generali according to Order hath consid¬
ered of the Examinacon of John King Gent concerning a Scandalous
Libell published by Mr Samuell Grey Clerke, and doth report his
opinion, that the .said Grey ought to be Sent for In Custody, to give
an account thereof; and also that he understands Joseph Peacock
Master of the Ship Byrd in Yorke River, can give Some Materiall In-
formacon therein, and that it is necessary he be Sumoned, to appear at
the Same time with the Said Grey therefore

Ordered, that Mr Attorney doe prepare warrants for apprehending
the said Grey, and Sumoneing the Said Peacock to appear before His
Excellency and the Councill on Tuesday next.

Mr Attorney Generali according to Order haveing considered what
Stile Comicons Pattents and other publick Instruments, Issueing in
this His Majts Colony and Dominion, Ought to bear; and haveing re¬
ported his Opinion therein, that all Comicons of the peace and all other
Comicons ought to issue in the name of His Maj4y and to bear Test
from His Excellency, but the formes of Patents being Setled by Act of

Executive Journals, Council of Colonial Virginia

443

Assembly ought not to be Altered, till a repeal of the Said Law, there¬
fore

Ordered, that for the future all Comicons doe Issue in His MajtB
Name and bear Test by His Excellency and that Mr Attorney doe make
Such alteracons in the present formes, as shall be agreeable to the Said
Report.

Mr Auditor Byrd according to Order Reported his Opinion, con¬
cerning his Majts Royall Instruccons for Establishing a Court of Ex¬
chequer which is as followeth,

May it please Yor Excellency

Haveing considered His Majts Instruccons relateing to the Court
of Exchequer, I am humbly of Opinion, that the Charge thereof may
be more than any advantage Such a Constant Court will produce to
His Majty, The Cheife Revenue here consisting in the two Shilling’s
per hhd Port Duties and Some Small Fines and Compositions, are
Yearly Accompted for. What Ships or plantacon Bond’s are for¬
feited, I humbly conceive may be tryed in the Admiralty Court;

June. 3. 1699

In Order to the Setling of the Militia in the Severall Counties
within this His Majts Colony and Dominion, His Excellency in Coun¬
cil was pleased to Nominate and appointe the principall Officer’s
thereof, as followeth, to witt,

Henrico County

William Byrd Esqr Collonell and Comander in Cheif.

William Randolph Lieutenant Collonell.

Peter Feild Majr

Charles Citty County

Edward Hill Esqr Collonell and Comander in Cheif.

Edward Hill Junr Lieutenant Colonell.

Charles Goodrich Majr

Surrey County

Benjamin Harrison Esqr Colonell and Comander in Cheif.

Henry Tooker Majr

Isle of Wight County

Samuell Bridger Lieutenant Colonell and Comander in Cheif.

Henry Baker Majr

Nansemund County

George Nasworthy Lieutenant Colonell and Comander in Cheif.

Thomas Swann Majr

Princess Anne County.

Anthony Lawson Lieutenant Colonell and Commander in Cheif.

John Thorowgood Major.

Norfolk County.

Lemuell Mason Lieutenant Colonell and Commander in Cheif.

James Wilson Major.

444

Executive Journals, Council of Colonial Virginia

Elizabeth Citty County

William Wilson Lieutenant Colonell and Commander in Cheife.
Anthony Armestead Major.

Warwick County

Miles Cary Lieutenant Colonell and Comander in Cheif.
William Cary Major

James Citty County.

Philip Ludwell Colonell and Comandr in Cheif.

Henry Duke Lieutenant Colonell.

Yorke County.

Edmund Jenning’s Esqr Colonell and Comander in Cheif.
Thomas Ballard Lieutenant Colonell.

William Buckner Major

New Kent County

John Lightfoot Esqr Colonell and Comander in Cheif.

Joseph Foster Lieutenant Colonell
William Bassett Major.

King and Queen County
William Leigh Colonell and Comander in Cheif
Josua Story Major.

Glocester County.

Matthew Page Esqr Colonell and Comander in Cheif.

James Ransom Lieutenant Colonell.

Peter Beverley Major.

Middlesex County

Ralph Wormeley Esqr Colonell and Comander in Cheif.
Matthew Kemp Lieutenant Collonell.

Robert Dudley Major.

Essex County.

Ralph Wormeley Esqr Colonell and Comander in Cheif.
William Moseley Lieutenant Colonell.

John Catlett Major.

Lancaster County.

Robert Carter Colonell and Comander in Cheif.

Joseph Ball Lieutenant Colonell.

Northumberland County
Robert Carter Colonell and Comander in Cheif.

George Cowper Lieutenant Colonell.

Rodham Kennor Major.

Westminster [Westmoreland] County.

Richard Lee Esqr Colonell and Comander in Cheif.

Willowby Allerton Lieutenant Colonell
Francis Wright Major

Executive Journals, Council of Colonial Virginia

445

Richmond County

Richard Lee Esqr Colonell and Comander in Cheif.

George Taylor Lieutenant Colonell.

Thomas Lloyd Major.

Stafford County

George Mason Lieutenant Colonell and Comander in Cheif.

Thomas Owsley Major.

Accomack County

Charles Scarburgh Colonell and Comander in Cheif

Edmund Scarburgh Lieutenant Colonell

Richard Bayley Major.

Northampton County

John Custis Colonell and Comander in Cheif.

Nathaniell Littleton Lieutenant Colonell.

William Waters Major.

Whereas Mr William Barton Merchant hath represented to His
Excellency that he hath a Ship lyeing in the lower parts of James River
and in great danger of being damnified by the Worme the Sumer now
comeing on; and that he is in great necessity of men to bring the said
Ship up James River in some Safe harbour, therefore he prayes that
His Excellency will please to Signify his pleasure to Cap‘ John Aldred
Commander of His Majts Ship the Essex-prize, that he assist him with
Seamen for that purpose.

Ordered, that the Said Cap* Aldred doe assist the Said Barton ac¬
cording to his desire, if it may be done without prejudice to His MajtB
Service.

His Excellency in Councill was pleased to Nominate and appoint
Escheators for the Severall parts of this His MajtB Colony and Domin¬
ion as followeth, to wit,

On the South Side of James River, William Randolph

Between James and Yorke Rivers, John Lightfoot Esqr

Between Yorke and Rappahanack Rivers, Matthew Page Esqr

On the Eastern Shoar, John Custis.

June. 5. 1699

Whereas Informacon hath been given to His Excellency and the
Councill by Mr John Scott of the province of Maryland, that about
the Year of our Lord, 1689, he was bound Jointly with Andrew Gregg
then Master of the Ship Swann, for the said Gregg’s performance of
the Acts of Trade and navigacon, which he haveing failed to doe, the
Said Scott is now prosecuted in Maryland upon the Said Bond; and
the said Gregg being now Master of a Ship in this His Majts Colony and
Dominion the Said Scott prayes. that process may be sued forth against
him on His Majts Behalf, for his forfeiture of the Said Bond, therefore

Ordered, that Mr Attorney Generali doe prosecute the Said Andrew
Gregg upon the said Bond according to Law.

His Excellency in Councill was pleased to Nominate and appoint

446

Executive Journals, Council of Colonial Virginia

Sheriffs of the Severall Counties in this His Majts Colony and Domin¬
ion, as followeth. (viz4)

Henrico, Thomas Cock.

Charles Citty, Robert Bolling.

Surrey. Thomas Holt.

Isle of Wight, Anthony Holladay.

Nansemund, Francis Milner.

Princess Anne John Thorowgood.

Norfolks, Richard Church.

Elizabeth City, Coleman Brough.

Warwick, William Cary.

James Citty, Henry Duke.

Yorke, Thomas Ballard.

New Kent, William Bassett.

King and Queen, John Waller.

Glocester Mordecai Cook.

Middlesex, Sr William Skipworth Baronett.

Essex, John Talliaferro.

Richmond,

Lancaster, Alexander Swann.

Northumberland, Rhodham Kennor.

Westmorland, Alexander Spence.

Stafford, George Mason.

Accomack, Thomas Welburne.

Northampton, Nathaniel Littleton.

Whereas Severall persons have laid their Claimes to land’s in
Pamunkey Neck, and on the South Side of the Blackwater, before His
Excellency and the Council which Claimes haveing been Considered,
and the Method of proceeding therein to obtain Patents for the said
Lands being adjusted by a joint Comittee of the Councill and Bur¬
gesses of this Generali Assembly, to whom the Same was referred ; and
that all Disputes and Controversies hereafter about those Land’s, may
be prevented,

Ordered, that the Sheriffs of the Severall Counties throughout this
His Majts Colony and Dominion doe make publick proclamacon in
their Repsective Counties that all persons who have any Claime to
Land either in Pamunkey Neck, or on the South Side of the Black-
water Swamp, and have not yet laid the Same before His Excellency
and the Councill, Shall exhibite such Claime or Claimes, before the
first day of the next Generali Court Or else they Shall not receive any
benefitt thereby.

June. 6. 1699

Whereas William Leigh of the County of King and Queen Gent
by his petition to His Excellency hath prayed that he may have a
pattent for three thousand four hundred Seaventy four Acres of Land
being part in the Said County of King and Queen and part in the Coun¬
ty of Essex, pursuant to the Report of Comittee, for adjusting the
Claimes to the Land’s in Pamunkey Neck and on Blackwater to whom

Executive Journals, Council of Colonial Virginia

447

His Excellency had been pleased to referr the Said Leigh’s former Pe¬
tition for the Same, therefore,

Ordered, that a Patent granting the Said three thousand four
hundred Seventy four Acres of Land unto the Said William Leigh and
to his Heires for ever, be accordingly prepared.

His Excellency haveing Communicated to the Councill the Ad¬
dress of the house of Burgesses in answer to the Severall thing’s by him
recommended to them at the Opening of this Session, desired their
Opinion and Advice, whether any thing further Should be done therein,
whereupon they are of Opinion, that Considering the present Circum¬
stances of the Governing the Said Address containeth very Dutifull
reasonable and Satisfactory answer’s to all that His Excellency hath
been pleased to recomend to the House of Burgesses, and therefore that
it ought to be received with good approbation.

Whereas upon the Oath’s of John King of the County of New
Kent Gent and Joseph Peacock Master of the Ship Byrd, Informacon
hath been given to His Excellency and to His Majts Honble Councill
of State, that Samuel Grey of the County of Middlesex Clerke, Some¬
time in the month of May last past in the Said County of New Kent-
did utter and publish a certain Scandalous false Malacious and Sedi¬
tious Libell, wherein were contained Severall wicked and Malacious
Reflecons and aspersions upon His Most Gracious Majty, the Late
Queen Mary of Blessed Memory, His Majts Governm1 here, the Royall
Colledge of William and Mary, and upon Severall other Eminent per¬
sons in this His Majts Colony and Dominion, And whereas the Said
Samuell Grey by Virtue of a Warrant from His Excellency hath been
Apprehended and brought before His Excellency and the Councill,
And upon Examination hath confessed himself to be the Author and
publisher of the Said Libell, and also hath confessed Severall other
matters relateing to the Said Libell and to the Said Colledge, And hath
most humbly Implored His Excellencies pardon and forgiveness for
his Said Offences, Declareing and Solemnly protesting, that he hath
confessed the truth and the whole truth to the best of his knowledge,
concerning the Said Libell and all other Scandall’s Refleccons and Ab¬
uses against His Majts GovernnV of this His Colony and Dominion,
and against the Said Colledge, either by himself or by any other person
or persons whatsoever, Therefore,

His Excellency is pleased to remitt the Said Offences of the Said
Grey, upon Condition, that if hereafter, it shall appear, that the Said
Grey hath not made a full Confession of all His knowledge in the prem¬
isses, that then he Shall be prosecuted with the utmost Severity of the
Law, And this present forgiveness of Him by His Excellency Shall be of
noe effect or advantage to him.

June. 7. 1699.

Ordered, that Edward Hill Esqr doe make inquiry for and make
choice of a tract of tenn thousand Acres of very good Land either upon
the Black water or elsewhere, not already Claimed by any other per¬
son, and that the Same being made choice of by the Said Hill Shall be
reserved for Such uses, as it Shall hereafter be appropriated unto, and

448

Executive Journals, Council of Colonial Virginia

that noe Surveyor doe presume to Survey the Same for any other per¬
son.

For the prevention of any accident which may happen to the
powder now lyeing at Jame’s Citty, Ordered that the same be distrib¬
uted into the Severall Counties throughout this Dominion, and that
the Comanders in Cheif of the Militia have intimacon given them of
this Order, that the[y] may take the first opportunity of Sending for it
into their respective Counties; and that it may not be decayed and
Spoiled after it is Soe distributed, the Comanders in Cheif of the Militia
are hereby impowered to make sale of half the powder in their respec¬
tive Counties, and with the money which they receive for the Same,
they shall send for other new and good powder to be putt up either in
half or quarter barrells for the more easy removall and Carriage thereof ;

Ordered, that the Comicons for the Officers of the Militia be pre¬
pared in the Secretaries office, and that it be recomended to the next
Generali assembly to pay for the Same.

Whereas by His Majts Royall Instruccons for the greater Security
of this His Majts Colony His Excellency is directed to appoint fitt
Officers and Comanders in the Severall parts of the Country bordering
upon the Indians, who upon any Invasion may raise men and armes to
oppose them, untill they Shall receive His Direccons therein; And that
noe new Charge may arise to the Publick by Officers appointed for
Such particular Occasions and noe other, therefore

Ordered, that at any time hereafter in Case of any Incursion or
Invasion the next Comicon officer of the Militia, upon Notice thereof,
Shall be and is hereby impowered to raise Such and Soe many Men and
armes as Shall be Sufficient to oppose the Invador’s, untill they Shall
receive further direccons therein from His Excellency or the Commander
in Cheif of the Militia in the County where such men Shall be raised,
unto whom, every Such Comicon [officer] Shall imediately upon notice
as aforesaid, dispatch Severall Expresses with particular accounts
thereof.

For the more Speedy .and better regulateing and Setling the Mili¬
tia throughout this Dominion; Order’d that the Comanders in Cheife
of the Severall Counties doe as Soon as may be return to the Councill
Office at James City a List of the Capitaines, Lieutenants, Ensigns
and Coronets in their Respective Counties; and in Case of the death
or Removall of any of those Officer’s that they doe Recomende other’s
to Supply those Vacancies; and in all Counties where other proper and
Sufficient Officers may be had, it is directed, that None of the feild
Officer’s Shall have any Company or Troop under their Own I mediate
Comand.

Ordered, that all Comicon and Non Comicon Officers of the Mil¬
itia, Escheators, Coroners, Constables, and all other Officer’s in this
Dominion, at their Admission into their Severall Offices respectively,
doe take the Oaths appointed by Act of Parliament, to be taken in¬
stead of the Oaths of Supremacy and Allegiance, and subscribe the
Test and Associacon appointed by Act of Parliament; and therefore

Ordered, that Mr Attorney Generali doe prepare a Comicon for
that purpose, Impowering such persons as His Excellency Shall thinke

Executive Journals, Council of Colonial Virginia 449

fitt to appoint to administer the Said Oaths Test and Associacon as
aforesaid.

Whereas the Councill and Burgesses of the present Generali As¬
sembly by their Address to His Excellency have represented the great
mischeifs and Inconveniences that accrew to the Inhabitants of this
His Majts Colony and Dominion of Virginia by Killing of whales within
the Capes thereof; and have prayed that His Excellency will be pleased
to Issue out a proclamacon forbidding all Persons whatsoever to Strike
or kill any Whales within the Bay of Chesopeake in the Limitts of
Virginia; therefore

Ordered, that Mr Attorney Generali doe prepare a proclamacon
Accordingly.

. Edward Hill Esqr Judge of His Majts Court of Admiralty in Vir¬
ginia on behalf of himself, and the other Officers of the said Court, pre¬
sented the following Petition to His Excellency in Councill, to wit,

To His Excellency Fran: Nicholson Esqr His Majts Lieu1 and Gov-
enour Generali of Virginia,

Edward Hill Judge of His Majts Court of Admiralty in
Virginia, Miles Cary Register, John Taylor Advocate, and
Michaell Sherman Marshall.

Humbly gives Yor Excellency to understand and be Informed,

That His Most Sacred Majty haveing by His particular Comands,
Ordered that a Court of Admiralty be established within this Domin¬
ion, The only Cost and Charge of Attending the Said Court is farr be¬
yond the Fees and profitt’s that arise thereby, Soe that we humbly
pray Yor Excellency that You will please to recomend the Same to
His Most Sacred Majty that Such an allowance may be established
unto the said Severall and respective Officer’s Constituteing and at¬
tending the Said Court, that they may be the better enabled to Attend
the Said Service.

June. 8. 1699.

His Excellency by and with the Advice and Consent of the Coun¬
cill was pleased to Nominate and appoint the Collectors, Navall Offi¬
cers and Receivers of the Virginia Duties, for the Severall Districts
within this His Majt8 Colony and Dominion as followeth, to witt,

For the Upper District of James River.

Philip Lightfoot Collector.

Nathaniell Harrison Navall officer and Receiver of the Virginia
Duties.

For the Lower District of James River.

Peter Hayman is allready Collector being appointed by the Hon¬
ourable the Comissioner’s of the Customes.

William Wilson Navall Officer and Receiver of the Virginia duties.

Yorke River.

William Buckner Collector.

Miles Cary Navall Officer and Receiver of the Virginia Duties.

450

Executive Journals, Council of Colonial Virginia

Potowmeck River

Nicholas Spencer is already Collector being appointed by the
Honourable Commissioners of the Customes.

Hancock Lee Navall Officer and Receiver of the Virginia Duties.

In Northumberland County.

Isaac Allerton Navall Officer and Receiver of the Virginia Duties.

In Westmorland County Including Yeocomoco River.

Rice Hoe Navall Officer and Receiver of the Virginia Duties.

In Stafford County Including Upper Matchotucks River.

[Officer’s name omitted in the original.]

On the Eastern Shoar.

Henry Scarburgh Collector

John Custis Navall Officer and Receiver of the Virginia Duties.

His Excellency haveing caused a proclamacon to be prepared ap¬
pointing a Solemn Day of Thanksgiveing to Almighty God for his
Great Mercies and Blessings bestowed upon this Dominion, the Same
was read in Councill and approved,

And Ordered, that the Clerke of the Councill doe lay the Said
proclamacon before the House of Burgesses, for the approbacon
thereof.

His Excellency haveing received a Message from the Burgesses,
that they waited His Excellency’s further Coinand’s haveing nothing
then lyeing before them, He was pleased to Recomend to the Councill
for their Advice, whether anything further was necessary to be done
at present by the Generali Assembly, Or whether they Should now
Conclude the Sess'on;

Whereupon the Councill are Unanimously of Opinion, that it is
for His Majts Service and the interest of this His Colony and Domin¬
ion, that the Generali Assembly be prorogued till the Ninth day of
November Next.

Post Meridiem.

Whereas by Advices from New England His Excellency hath been
certainly Informed, that One Joseph Bradish and others his Accom¬
plices to the Number of twenty and upward’s did in the Year of Our
Lord 1698 piratically and feloniously Seize upon and run away with a
Ship called the Adventure of London of the burthen of between three
and four hundred Tunns, mounted with twehty two Guns, Thomas
Gulleck Comander, belonging to the Subjects of His Most Sacred Majty
William the third by the Grace of God King of England Scotland
France and Ireland & c at the Island of Polonis [Polo?] in the East
Indies, and brought the Said Ship and her loading unto Block Island
within His Majts Colony of Rhode Island, where (haveing first taken
out of her the money’s and such parte of the Loading as was most
valuable) the said Joseph Bradish, and his Accomplices have Sunke
the Said Ship and dispersed themselves into Divers part’s and places
as hath appeared by the Confession of Some of the Said Ships Company

Executive Journals, Council of Colonial Virginia

451

already apprehended in His Majts Province of Massachusetts Bay in
New England therefore,

His Excellency takeing the Same into His Serious Consideracon,
with the Advice of His Majts Councill Doth Strictly charge, comand
and require all Commanders in Cheif of the Militia, Sheriffs of the
Several! Counties, and all Collectors and navall Officers of the Severall
Districts, within this His Majts Colony and Dominion, to use their
utmost endeavours and diligence to Seize and apprehend or cause to
be Seized and apprehended, the Said Joseph Bradish, and his Accom¬
plices and Confederates in the Said piracy and felony hereafter named,
to wit Andrew Martin, John Peirce, Thomas Edgehill , Aylmore Clarke,
Edward Ham, Rowland Martin, John Parrott, William Simpson,
Robert Nox, Cornelius Larkin, Thomas Dean, Robert Mason, and One
Sweetman and all others who were Accomplices in the said piracy, with
the Money, Bullion, Treasure, Good’s and merchandizes taken out of
the Said Ship, that Shall be found with them or any of them, or in the
possession of any other person and persons whatsoever, And all Jus-
rices of the Peace Constables and other His Majts Officers and Subjects
whatsoever within this His Colony and Dominion, are hereby Strictly
comanded and required to be aiding and assisting to the Said Officers
and every of them in the Execucon of this present Order, and if the
Said Joseph Bradish or any of his Accomplices Shall be apprehended
by the Said Officers or any of them; they are immediately to transmitt
an Account thereof to his Excellency, and take Care that the Said
persons and their Effects be Secured till they Shall receive his further
Direccons therein and that this Order may be the better and more
effectually put in Execucon, the Said Officers and every of them re¬
spectively are hereby required and Comanded to use their utmost dili¬
gence in the prosecucon and performance but not to make publicacon
of the Contents hereof, lest Intimacon be given to the Said Pirates and
they be thereby enabled to escape.

Ordered, that the Order of His Excellency in Councill relateing to
Joseph Bradish and his Accomplices be sent to the Sheriffs of the severall
Counties and that they Communicate the Same to the Comander’s in
Cheif, Collectors and Navall Officers within their Respective Counties.

Examinat et Concord cum original

Test B: Harrison Cl Con.

[C. O. 5, Vol. 1310, C 16 or No. 2xix]

Virginia ss* By his Excell y

Seal A. Proclamation

Whereas there are severall Bonds now lying out relating to the
Severall acts of Trade & Navigation wch are not comply’d with by
produceing certifictB from the R‘ honoble Comm'8 of his Mats Customes
& officers in his Mats Plantacons in America, & the bonds thereby in
danger of being forfeited, to prevent any Surprise that may happen to
his Mats Loving Subjects in this his Mats Colony & Dominion of Vir¬
ginia who may be concern’d therein, I Francis Nicholson Esqr his
Mats Leiutenant & Govr Gen11 of Virginia have thought fitt to pub-

452

Executive Journals, Council of Colonial Virginia

lish & declare that all persons who are concern’d or party’s in the Said
Bonds not already put in Suit, shall have 18 months time given them
from the day of ye date hereof to produce certificates or bring Legall
Evidences or proofs to disch a their Bonds (Except there comes Legall
orders from England) before they shall be prosecuted against them (&
no longer & upon failure thereof they must Expect to be prosecuted
according to Law, & I do command that this proclamation be published
in all Churches & Chapells & all Court houses in this his Mats Colony
& Dominion of Virginia; Given under my hand & the Seal of the Col¬
ony at James Town, 26 Apr. 1699 in the Eleventh year of his Ma“
Reigne

Fr. Nicholson

A proclamacon giving time to produce
Certificates

E Jenings Depty Secy

God save the King.

[C. O. 5, Vol. 1310, C. 16 continued, or No. 2XX]
Virginia ss1 By his Excellency

A Proclamation

Whereas Cap1 John Aldred Commander of his Mats Ship the Essex
Prize hath made complaint to me that severall Seamen belonging to
the said Ship do desert his Mats service therein, and are harboured &
concealed by severall persons in this Governm* I Francis Nicholson
Esqr his Mats Leiu* & Govr Gen11 in Virginia do in his Mats name strictly
forbid all his Mats Loving Subjects that they do not Entertaine har¬
bour or conceal any of the Seamen blonging to the said ship Essex Prize
wch already have or hereafter shall absent themselves from his MatB
service on Board the Said Ship & I do also command all Magistrates
upon knowledge or Information of any Person or persons that shall
desert the service of the said Ship that they imediately cause such per¬
son or persons to be apprhended & taken & sent on Board the said
ship, And I do likewise command all officers Civill & Military to be aid¬
ing and assisting therein, Given under my hand & the Seal of the Colony
at James Citty this 20th day of May in the Eleventh year of his Ma*®
Reigne Annoque Dom 1699

A proclamacon ag* harbouring Seamen Fr. Nicholson
belonging to his Mats Ship Essex
prize

E Jennings Depty Sery

God save the King

[C. O. 5, Vol. 1310, C. 16 continued, or No. 2xxi]

Virginia ss* By his Excellency

Seal A Proclamation

God Almighty having been most gratiously pleased to prosper his
Ma*8 most sacred pretious & Royall person & to bring him safe home

Executive Journals, Council of Colonial Virginia

453

to hiS Kingdome of England, after he had not Spared to Expose him-
selte to the greatest hazards & most imminent dangers (in wch his Maty
had no other end then the preservation & defence of the true protestant
Rehgion & the Libertys & propertys of Europe as also to bless him
w a glorious honoble & settled peace wch he purchased & Secured not
v1™ Christendom- but that even by the means of his Mats wisdome
oz ivlediacon a peace was Concluded between his Imperiall Maty & the
Grand Seignor, to the very Turks and Infidells by wch his Maty hath
eminently appeared to be the Sole & great Arbiter both of war and
peace in the largest part of the known world, and it having pleased
almighty god (by the latest advice I have had from England) still to
preserve & continue his Maty9 life & health & to keep a happy union
between his Maty & his parliament, as also to bless this Generali As¬
sembly with a very good agreement & conclusion (whereby they still
most justly deserve the Character of his Mats Loyall & Dutifull Sub¬
jects) as likewise that his Maty hath been pleased to bestow many
Royall favours & Bountys from time to time on his Mats most ancient
& great Colony & Dominion of Virginia in Generali & on his Royall
Colledge of Wm & Mary in particular for all these great & manifold
blessings I have thought it a Duty that is owing to God to make a
Gen11 acknowledgnff & thanksgiving— And therefore I do (with the
advice and consent of his Mats honoble Councill & the R‘ Worshipfull
the House of Burgesses) appoint this day month being the 6th of July
next to be set apart as a publique day of thanksgiving & rejoycing & re¬
turning humble & unfeigned thanks to almighty God for them, as Like¬
wise to Implore the Divine mercy for the continuance of these & all
other his blessings particular that his most sacred Maty may have a
Long and happy Reigne over all his Kingdoms & Dominions and that
all his Mats Loyall Subjects may for ever bare in mind the inestimable
benefitts they have reed from his Maty who hath under God been the
maine Bulwark & defence of our Religion Laws& Libertys, I do there¬
fore in his Mats name will & require that the said 6th day of July be
Kept accordingly throughout this his Mats most antient and great
Colony & Dominion, and that in all Parishes where there is a Minister
there be publique prayers & a Sermon in the Churches Suitable to the
Solemnity of the day, & that in the other churches & Chappells where
there be no Ministers the publique prayers be read by the Clerks, and
I do further will & require that all his Matys Loving Subjects do rev¬
erently & religiously, Observe the said 6th day of July & that they ab-
ataine from all servile & bodily labour, And I Do command the respec¬
tive Sherriffs of the severall Countys within this his Mats most ancient
& great Colony & Dominion of Virginia to read & publish, or cause to
be read & published this my proclamation in all Churches, Chappells
Court, houses & other publique places within their Baylywick, so that
all his Mats Loving Subjects may have timely notice to Solemnize the
foresaid publique day of Rejoycing as they will answer the Contrary
at their pen'll to this my proclamacon, I have caused his Mats Seal of
this his Ma“ most antient and great Colony & Dominion to be affixed

454

Executive Journals, Council of Colonial Virginia

& set my hand this present Thursday being the 8th day of June & in
the Eleventh year of his Mats Reigne

A proclamacon of a publique Fr. Nicholson

thanksgiving

C. C. Thacker Cl. Secrys office

God save the King.

[C. O. 5, Vol. 1310, C. 16 continued, or No. 2 xxii]

Virginia ss* By his Excellency

Seal A Proclamation.

Whereas by Expresses reed from Maryland & pensylvania I am
certainly informed that severall Pyrates are lately arriv’d in Delawar
bay from Madagascar with a very great Quantity of East India Goods
& considerable sums of money of woh pyrates some are appffiended al¬
ready & Imprisoned in the Governmts of Pensylvania and Jersey others
are fled whereof some are on Board a Sloop belonging to one * * *

Gravenrod and design’d to Land & disperse themselves amongst the
Inhabitants of this his Mat8 Colony & Doion of Virginia to the great
dishonour & prejudice of this his Mats Governm1 by Endangering the
peace & Quiet thereof, & to the disgrace & Scandall of his Ma*8 faith-
full & Loyall Subjects in Branding [them] with the disreputable &
Odious Character of being Abetters & harbourers of those wicked &
abominable Theives and Robbers who are ye Common Enemy of all
Civiliz’d Governments & if not timely prevented the disturbers & de¬
stroyers of all Trade & Commerce.

These are therefore in his Mats name Strictly to Command & re¬
quire you Sherriff of County

to make diligent Enquiry & Search throughout your Baylywick in Order
to the discovering appffiending & casting into prison of the said pyrates
or any such of them as shall come to your knowledge & particularly
you shall Seize and appffiend the said Gravenrod & Com¬

mit him or them so taken to safe custody there to remaine till you shall
receive further Directions from me concerning the premisses of wch
You shall wth all Expedition advertise me, you shall also make diligent
search for all such Goods & Moneys as shall belong to them or any of
them & Seize & Secure the Same that it may be forthcoming when de¬
manded, & that the said persons or such of them as shall come into
your County may be more certainly detected apprehended & taken
you shall Signify these my Commands unto every particular justice
of the peace in your County & require them and every of them to give
their utmost obedience thereto, but not to make publication hereof
unless in case of necessity for his Mau Service herein and for your &
their better guidance herein, you are to follow the Severall Rules &
Directions prescribed in one Act made this Session of assembly En-
tituled an act for restraining and punishing pyrates & privateers, wcb
said act & every Clause & article thereof, you they & every of them are
hereby Commanded to prosecute with the utmost of Vigour, fail not
to Execute these my Commands as you will answer the Contrary at your
perill & for your so doing this shall be your Warrant, Given under my

Executive Journals, Council of Colonial Virginia

455

hand & Seal of the Colony at James Citty the ninth day of June in the
Eleaventh year of his Mats Reigne Annoque Dom 1699
To * * * Gent Sherriff of

the County of * * * Ft. Nicholson

A Warr* for Seizing & apprhending
* * Gravenrod & other

pyrates with their Goods & ca

God save the King

[C. O. 5, Vol. 1310 continued, or No. 2XXV]

Virginia ss‘ By his Excellency

Seal A Proclamacon

Whereas his Maty hath been pleas’d to signify to me that he hath
received advice from the Island of Jamaica that Severall Ships of Force
fitted out in Scotland were arrived at the Island of S‘ Thomas with an
Intention as they declar’d to Settle themselves in Some parts of Amer¬
ica their designe being unknown to his Maty least the same should Dero¬
gate from the Treaties his Maty hath entred into with the Crowne of
Spain, or be otherwise prejudiciall to any of his Mats Colonys in the
west Indies I Francis Nicholson Esqr his Mats Lein* & Govr Gen11 of
of his Mat8 Colony & Dominion of Virginia in Obedience to his Mats
Royall Commands, by & with the advice & consent of the honobIe
Councill of state, Do in his Mats name Strictly forbid all his Mats Lov¬
ing Subjects, & all other persons within this his Mats Colony & Do¬
minion of Virginia that they forbear holding any Correspondence with
or giving any aid or assistance to any person or persons Engaged in the
said Enterprize, while they are so ingaged, and I do also charge &
Command, all his Mats Loving Subjects that they do not presume to
furnish or Supply any of the said Persons with provisions Armes Amu-
nition or any other Necessarys whatsoever, and I do likewise charge
and Command all Masters of Ships or Vessells that they do not Export
or carry out any provision Armes amunition or any other necessaryes
whatsoever for the use of all or any the said person or persons, And I
do command and require all Sherriffs to cause this proclamacon to be
published in all Churches & Chappells and all publique places in their
severall Countyes Given under my hand & Seal of the Colony this 22th
day of June in the Eleaventh year of his Mats Reign
A proclamacon to forbid Cor- Fr. Nicholson

responding wth Scoth [Scotch]

Strangers

C. C. Thacker Clk Serya Off.

God save the King

At A Councill held at James Citty June ye 21st 1699

Present

His Excellency

William Byrd Edmund Jenings

Benjamin Harrisson Esqra

456

Executive Journals, Council of Colonial Virginia

His Excellency laid before ye Councill a letter which he had re¬
ceived from his Excellency Coll Blackstone Governor of Maryland &
an other letter received from ye Honble Coll Quary Giveing an account
of Severall Pyrates landed in Pensilvania & Jersey (whereof some are
already apprehended) & of several others said to be comeing towards
this Governm1, and also his Excellency laid before ye Councill ye war¬
rants he had issued thereupon for apprehending ye said pirates & reco-
mended it to the Councill to consider if any thing more was proper to
be done therein.

His Excellency laid before ye Councill a latter which he had re¬
ceived from Majr Thos Owsley concerning a murder comitted by ye
Indians upon Potowmeck River; & ye orders which he had given
thereupon, & desired y e advice of ye Councill if any thing was necessary
to be done at prsent.

The peticon of Mr Wm Drumond for y* part of his Salary as Mes¬
senger to attend ye house of Burgesses, yet unpaid, is refer’d to Mr
Auditor for him to examine ye matter of fact, & report ye same to¬
gether with his opinion thereupon.

Whereas His Majty by his Royall Instructions to his Excellency
hath directed yt noe Schoolemaster be henceforward permitted to come
from England & to keep School within this Collony of Virginia, without
ye licence of ye Ld Bishop of London & y* noe other person now in this
Collony or that Shall come hither from other parts be admitted to keep
School without his Excellency’s lycence first had; therefore,

Ordered, y‘ ye Severall County Courts within this Dominion doe
as soon as conveniently may be returne to ye Councill Office a particu¬
lar account, what schooles are in their Respective Counties & whither
y® Masters thereof are Lycensed according to ye Sd Instructions; and
to recomend such as are fitt & Capable for y* Imployrffi y* they may be
lycensed accordingly; which lycenses are to be granted them without
any fee or other charge.

Ordered, that ye Court of every County within this Dominion
doe as soon as possible return to ye Councill Office at James Citty an
an exact account what Publick or Private Meetings of any other Re¬
ligion than the Church of England as by law Established are in their
respective Counties; where they are kept, & how long they have been
kept? how lycensed? how many and what persons resort thereto? what
particular Religion they are of? how their Preachers are qualified? &
whither any wandring Strangers come into their Counties as Preachers
or upon any other pretence of Religion whatsoever.

Ordered yt y® Coroners, Indian Interpreters, Escheators & all
other Officers Comicons be prpared in ye Secretaries Office & y1 y®
Charge thereof be certified & recomended for allowance to y® Next
Generali Assembly.

Mr Attorney Generali according to order haveing prpared a proc-
clamacon for apprehending the Indian called SquireTom, yeSame was
read in Councill and approved.

Mr Attorney Generali According to his Excellency’s Order haveing
prepared a proclamacon, yl all persons prtending to take up land by
rights, doe bring in the said rights to ye next Generali Court, in Order

Executive Journals, Council of Colonial Virginia

457

to ye prvention of fraud’s in obtaining rights for ye future, ye sd proc-
lamacon was read in Councill and approved.

Whereas divers of his MajUes good and loyall Subjects have been
at great expence & charge in seating & planting severall tracts & par-
cells of land in Pamunky Neck & on ye South Side of ye black Water
Swamp, which they have held either by orders of ye Generali Court,
Leases from ye Indian’s Survey’s, Entries thereof with ye Surveyors or
other defective titles, without any legall Patents, in Expectacon y‘
when the Governmt should grant patents for those land’s it would be
easy for them according to ye late Practices to obtain rights to take
up & patent ye same; by which means many People have been in¬
duced for valuable consideracons, to purchase lands in those places: &
whereas it is highly necessary for ye Service of his Majty and ye Peace
and welfare of this his Collony & Dominion that some method be setled
whereby these people may obtain Legall grants for their lands; there¬
fore

Ordered, y1 very [every] person paying five shilling Sterl to Mr Au¬
ditor for ye use of his Majty shall have ye same liberty to take up &
patent fifty acres of land’s which [he] would otherwise have had for
the Importacon of any of his Majties Subjects into this Dominion, and
yl Mr Auditor doe accordingly grant a Certificate to every such person
for ye takeing up and Patenting fifty acres of land for every five Shill¬
ings which shall be soe paid by him for his Majties use, and every
Surveyor unto whom such Certificate shall be produced, is hereby re¬
quired to make entry & survey of such Quantity of land according to
every such Certificate respectively, in like manner as y® law directs
upon ye produceing a Certificate of y® Importacon of any of his Majtles
Subjects into this Dominion.

Ordered that ye Sheriffs of y® Severall Counties within this Do¬
minion doe make proclamacon throughout their Respective Baliwick’s
that y® Comisoners appointed to adjuge & settle y® Claimes to lands
in Pamunckey Neck, pursuant to the Order of y® last Generali As¬
sembly, will sit and proceed therein upon Wednesday the twenty
seaventh day of September next at y® Court house of King & Queen
County; and y® Comiconers appointed to adjust & settle y® Calimes
to land’s upon Blackwater will sit & proceed therein upon Wednesday
y® twentyeth day of September next at ye Court house of Surrey Coun¬
ty; of which all persons who have any claime to land in either of those
places are to take notice & attend the prosecution thereof accordingly.

Whereas it hath been represented to his Excellency by Willaim
Fisher that he haveing been in y® Ship May Flower, of y® burthen of
one hundred Tun’s, Plantation built, & registred according to law) in
the Bay of Campeachy in South America loading with Logwood and
being designed thence on a Voyage for London in y® Kingdome of Eng¬
land, was very much distressed for want of such provisions as were
necessary for y® subsistance of his Men to performe the said Voyage,
therefore he putt into this his Majtys Colony & Dominion (and at pres¬
ent his said Ship rides at Anchor at Tindall’s point in Yorke River)
that he might be supplyed with those necessaries for his said Intended
Voyage, and humbly Prayes that he may be permitted to make Sale

458

Executive Journals, Council of Colonial Virginia

of Some Negroes, which he hath on board the Said Ship and also that
he may have lyberty to buy & provide himself with such provisions &
necessaries, as he stand’s in need of, for the accomplishing his said In¬
tended Voyage; Therefore

Ordered that Miles Cary, Gent Navall Officer and William Buck¬
ner Gent. Collector of Yorke River or either of them doe goe on board
the said Ship and search her that they may know what her Loading is,
and also that they inquire into her Registry and Clearing, and if She
appear’s to be a fair & legall Trader and qualified according to law, and
if there does not appear any suspicion of fraud, that they doe permitt
y® sd Fisher to Sell his Negroes, and provide himself with necessaries
for his Voyage According to y® prayer of his peticon And that they doe
forthwith make Report of their Proceedings herein to his Excellency

June ye 22d 1699
Present

His Excellency

William Byrd Edmund Jennings

Edward Hill John Lightfoot

Benj u Harrisson Esqrs

Whereas Mr Gawen Corbin Collector of Rappahanock River by
his Letter to his Excellency hath acquainted him that on y® 20th day
of this Month he made Seizure of a Vessell called y® Province [later
called the Providence] of Dublin for ye Importacon of Irish good’s
contrary to ye act of Trade. And prayes his Excell y 3 directions in or¬
der to y® tryall of y® said Vessell, which is Ordered in ye Court of Ad¬
miralty, to be held at ye Court house of Middlesex County y® twelfth
day of y® next month, and ordered that the Judge and Officers of y®
said Court doe attend accordingly & y1 Mr Attorney Generali doe pros¬
ecute on behalf of his Majty

Ordered that y® Councill doe meet upon the fourteenth day of ye
next month at y® house of Mr Secretary Wormely in order to swear him
into y® Councill of which intimacon is to be given to y® Members of y®
Councill that are now absent.

Whereas Mr Richard Gissedy and Mr James Minge have repre¬
sented to his Excellency and y® Councill that by Order of y® Generali
Court made in Aprill 1688, three thousand acres of land in Pamunkey
Neck was granted to them & Cap1 Thomas Bray, which they accord¬
ingly possessed themselves of and divided the Same amongst them;
Since which time the Trustees of the Colledge of William & Mary in
Virginia have made choice of y® Peticoners part of ye Said Land for
the use of y® Said Colledge, whereupon they pray that they may be
admitted to take up and Patent a Like quantity of land (to that taken
from them) on each side of Mangohick Swamp on Coll Parkes back
Lines not trenching on any former Grant, therefore

Ordered, that the Said Peticon be referred to the Comiconers ap¬
pointed to adjust and Settle the Claimes to Lands in Pamunkey Neck;
and if the Said Peticon doe not interfere with any former Peticons of

Executive Journals, Council of Colonial Virginia

459

Right that they Certify y° Same for allowance, in like manner as they
doe for other lands in those parts, pursuant to ye Directions of the last
Generali Assembly.

Ordered, that the letter of his Excellency the Earle of Bellamont
and the other papers relateing to the discovery and Settleing a New
Trade with the Indians be laid before the Comittee appointed to Re¬
vise the Laws, and recomended to their Consideracon

Whereas by his Excellencies Order Mr Peter Hayman Collector
of the lower District of James River was appointed to receive, all
Such bookes Navigacon bonds’ and other writings and papers belong¬
ing to the Office of the Collector and Navall officer of the Said District,
from Cap1 Thomas Godwin Executor of John Lear Esqr deceased late
Collector and Navall Officer of the Said District, and from Mr Charles
Jening’s late Deputy to Daniell Parke Esqr late Collector and Navall
officer of the Said District; and Whereas the Said Hayman hath re¬
ported that he hath demanded the Said bookes bonds and papers but
cannot gett them, and before His Exclly and the Councill upon Oath
hath declared that, he never had the bookes of Entrings and Clearings
or bonds or any papers or other writeings whatsoever belonging to the
Collector or Navall Officer’s Office of the Said Lower District of James
River from any person or persons whatsoever (Save Seven or eight
bonds which he received by Order of Sr Edmund Andros from Mr
Charles Jenings late Deputy Collector to Coll Parke which bonds he
delivered to William Randolph Esqr His Majties Late Attorney Gen¬
erali to be prosecuted, whose receipt he hath now by him for the Same;
and also one Plantacon bond of Cap1 Thomas Godwin of one Louries,
which he hath now by him ready to be produced, Therefore,

Ordered, that Mr Attorney Generali doe prosecute the Securities
of William Cole, the Said John Lear and Daniel Parke Esq” late Col¬
lectors and Navall Officers of the Said Lower District of James River,
upon the bond’s by them given (faithfully to execute and discharge the
Said Offices and Trusts) for their not Delivering up the Said Bookes
bonds and papers according to the aforesaid Order from His Excellency.

The Peticon of L1 Coll Henry Duke and Cap1 James Bray com¬
plaining to His Excellency against an outstanding Negro belonging to
Thomas Middleton, and praying that a Proclamacon may Issue for
the apprehending or Destruccon of the Said Negro; is referred to Mr
Attorney Generali for him to consider and report to [word “to” su¬
perfluous] his Opinion thereupon.

Whereas Ann Grey in Custody of the Sherriff of New Kent (have-
ing been convicted for Murther, and Severall times repreived) hath
prayed His Excellency that She may have liberty to go into the Coun¬
ty of Accomack, where She hath a Brother that would provide for her
Maintenance, She being by her Late misfortunes Soe very much im¬
poverished, that She hath not wherewith to Subsist,

Ordered,

That Mr Attorney Generali doe enquire into the matter of fact
and report the truth of her Case together with his Opinion in Point of

law thereupon. .

Ordered, that Mr Auditor Byrd doe give Such directions as are

460

Executive Journals, Council of Colonial Virginia

necessary that the Coroners of the Severall Counties within this Do¬
minion doe returne to him an account of all Waifes Strays and Deo-
dand’s within their Respcetive Counties, and that they take ye best
care they can, for the receiveing and prservacon thereof, for which they
Shall be allowed their charges expended on that behalf, together with
Such other Fees for the Same as Shall be reasonable.

For the prvencon of any Inconveniencies and Damages that may
happen to Masters or Owners of any Ships or Vessells Shortly intended
to Saile out of this Dominion therefore

Ordered, that all Ships and Vessells that Shall clear in Six weekes
from this day to Saile out of this Dominion, Shall take their Clearing’s
from the Collectors and Navall Officer’s of the Respective Districts
with whom they entered, And all Ships and Vessells Clearing after that
time Shall take their clearings from, and pay their intire Fees to the
Officers that Shall be Comiconated at that time in the respective Dis¬
tricts where they clear.

Ordered, that the Severall persons lately discharged from y®
Office of Collectors or Navall Officers in the respective Districts within
this Collony doe deliver up to his Excellency in Councill upon the
Sixth day of the next Generali Court, all bookes bonds certificates and
other writeings and papers whatsoever in their possessions.

Lieut* Coll. Miles Cary Surveyor General laid before his Excel¬
lency in Councill, an account of the Surveyors in the Respective
Counties in this Collony, which are as follow
To witt.

Henrico County.

Charles Citty _

Surrey . . .

Isle of Weight. _

Elizabeth Citty..

Warwick.. . .

Yorke. . .

Gloucester.... . .

Nansemund _

Norfolk _

Princess Ann.. .

James Citty _

New Kent _

King and Queen.

Middlesex _

Accomack.... . .

Northampton _

Essex _

Richmond. . .

Stafford _ _ _

Westmorland _

Northumberland
Lancaster . .

.Richard Ligon
Theodorick Bland

Thomas Swann
William Lowry
Miles Cary

Thomas Milner

John Soan
James Minge
Richard Whitehead
Edwin Thacker

Edmund Scarburgh

William Moseley

Thomas Grigge
Alexander Spence
George Cooper
George Hale, dead

Ordered, that Mr Auditor Byrd doe consider of the most certain

Executive Journals, Council of Colonial Virginia

461

and best way to Procure an exact Rent Roll of all the lands held of his
Majty within this His Colony and Dominion, and which will be the
most effectuall method to Secure the payment of the Quitrents, and
Lay a Proposition to that purpose before the Comittee appointed to
Revise the Laws.

His Excellency in Councill signed the following warrants upon
his Majtie8 Revenues of two Shillings per hogshead and Port Duties.

To His Excellency Francis Nicholson Esqr & c. for his Salary (after
the rate of two thousand pounds Sterl a year) from the ninth day of
December last inclusive, to the twenty fourth day of this Instant June
exclusive, being six months and fourteen daies, one thousand seaventy
Six pound’s eighteen Shillings five pence half penny.

To His Excellency for house Rent (after the rate of one hundred
and fifty pounds Sterl a year) for the Same time eighty pounds fifteen
Shillings four pence half penny.

To the Gentlemen of the Councill for one yeare ending the twenty
Seaventh day of Aprill Last, three hundred and fifty pounds Sterl.

To William Blathwait Esqr Auditor and Surveyor Generali & c
for one yeare and a quarters Salary ending the twenty fourth day of
this Instant June exclusive, One Hundred twenty five pounds Sterl.

To Benjamin Harrisson for the Salary of Clerke of the Councill
after the rate of fifty pounds Sterl a year for one yeare and four months
wanting two daies ending the twenty fourth day of this Instant June
Exclusive Sixty Six pounds five Shill. One penny.

To Bartholomew Fowler Esqr for the Salary of Attorney Generali
after the rate of forty pound’s Sterl a year, for one year two months
and four daies ending the twenty fourth of this Instant June exclusive
forty seven pound’s two Shillings four pence.

To Mr James Blaier for money by him paid to tenn Ministers who
preached at James Citty in the Generali Court and Generali Assembly
tenn pounds Sterl.

To the Sollicitor of the Virginia affaires for one year and a quar¬
ters Salary ending the twenty fourth day of this Instant June exclusive
one hundred and twenty five pounds Sterl.

To Edward Ross Gunner at James Citty for one year and one Quar¬
ters Salary after the rate of fifteen pound’s Sterl a year ending the
twenty fourth day of this Instant June eighteen pound’s five Shillings
Sterl.

To John Childs Messenger for one yeare and one Quarters Salary
after the rate of twenty five pound’s Sterl a year, ending the twenty
fourth day of this Instant June Thirty one pounds five Shilling’s Sterl.

To Benjamin Harrisson Clerke of the Councill for money by him
paid to severall persons for messages in his Majties Service since the
ninth day of December last fifteen pounds eight Shill six pence Sterl.

To Benjamin Harrisson Clerke of the Councill for money by him
paid to severall persons for Messages in his Majties Service, pursuant
to an order of Councill made ye twenty eighth day of October Last,
eighty pound’s tenn Shill Six pence Sterl.

To Roger Williams for hooping Seaventy five barrells of powder at

462

Executive Journals, Council of Colonial Virginia

James Citty, pursuant to an Order of Councill of ye twenty eighth of
October last, Seaven pounds tenn Shillings Sterl.

His Excellency in Councill Signed and Sealed a Warrant upon the
Quitrents for Ninety five pounds Six Shillings tenn pence payable, to
Mr Comissary Blair, the same being due to him for his Salary wanting
Seaventeen daies ending the twenty fourth day of this Instant June,
after the rate of one Hundred pound’s Sterl. a yeare.

Ordered that John Chiles be discharged from any further attend¬
ance as Messenger

Ordered that Edward Ross Shall be paid after the rate of tenn
pound’s Sterl. a yeare till further Order, for takeing care of the Gun’s
and Stores at James Citty.

Ordered, that Edmund Jenings and Mathew Page Esqrs doe agree
with such person as they shall thinke fitt to take care of the Gun’s and
Stores at Tindall’s Point till further Order, for which they are impowered
to agree with him after the Rate of five pounds Sterl. a year.

Post Merediem.

Mr Auditor Byrd haveing prpa.red the accounts of the Publick
Revenue laid them before his Excelency and the Councill whereby
there appeared to be due to his Majty on Account of his Revenue of
Quitrents the Sume of two thousand sixty one pounds nineteen Shill¬
ings three pence Sterl.

And on Account of the Revenue of two Shill per hogshead and port
Duties there appeares to be due to his Majty the Sume of nine hun¬
dred seaventy four pounds thirteen Shill three pence three farthings
Sterl.

Out of which are to be paid all the established Charges of the Gov-
ernm‘ for half a yeare next comeing, the ships being now almost all out
of the Country, soe that noe more money will arise till the next Crop
and therefore

Ordered that Mr Auditor doe make a particular Representacon
hereof and annex the Same to his accounts, which are to be transmitted
to England.

Mr Attorney Generali according to Order haveing reported his
Opinion as to the method of proceedings in relacon to Escheated land’s,
in these word’s following

May it please yor Excellency

I have considered yr laws and Statutes of England relateing to
Escheates and find therein these Severall Rules Established.

1. That a return of all Enquests of Escheat ought to be made by
the Escheator within one Month after the office found.

2. That all Enquests ought to be taken in Towns and open places
and by Good and Substantiall men and openly by Indenture
between the Escheator and Jury.

3. That noe Grant be made of any Land’s Seized into the King’s
Hand’s untill offices found and that all Grants before Office
found Should be void.

4. That a Months time after the return of the Inquest ought to
be allowed for those that have right to traverse the Said Es¬
cheats before any Grants be made thereof.

Executive Journals, Council of Colonial Virginia

463

I also find that his Late Majty King Charles the Second by his
Charter granted to this Colony and Dominion of Virginia dated the
tenth day of October in the twenty eighth yeare of his Reign did for
himself and Successors confirm That all Land’s possessed by any sub¬
ject inhabiting in Virginia which did or should Escheat Should or
might be enjoyed by such Inhabitant or possessor his heirs and Assignes
for ever paying two pounds of Tobacco Composition for every acre of
land soe Escheated,

Soe that upon the whole matter with Submission to Yor Excel¬
lency and this Honble board I humbly propose ye following method
of Escheats as the most agreeable to the laws of England, his late Maj-
ties Royall Charter and most suitable to the Circumstances of this His
Majties Colony and Dominion.

That upon reasonable suggestion made or upon the knowledge of
the Escheator himself that any land Escheats to his Majty a Writt doe
issue in the return of a Mandamus or diem clausit extremum directed
to the Escheator comanding him to find the Office by the Inquest of
twelve men as the Statutes of England direct.

2. That noe Inquests be taken but in publick and open places
and that notice be given by the Escheator by Note under his hand Sett
up at the Court house of County where the land doth lie upon a Court
day of ye time and place of takeing the Inquest before any Inquest
Shall be made.

3. That a return of the Inquest into the Secretaries Office Shall
be made within one month at furthest after the Inquest taken.

4. That noe Grant be made of any lands escheated to His Majty
untill office found.

5. That a Convenient time be allowed after Office found to Tra¬
verse the escheat of any Land’s before a Grant be made thereof.

6. That the possessor In his own right Should have the prcedence
of all Claimers provided he makes his Claime known by peticon to
Yor Excelency within Such time after the Office found as Shall be
thought convenient.

7. That the buildings and improvemts made upon lands Es¬
cheated to his Majty may be valued by the Jury findeing the Escheat
and that the Grantee may pay Soe [such] per cent for Composition for
the same to his Majty as Shall be thought reasonable.

Whereupon, Ordered that in all time comeing the Escheators of
the Severall Counties in this His Majties Colony and Dominion doe
proceed in Relacon to Escheats, according to the Said method pro¬
posed by Mr Attorney Generali and in noe other manner whatsoever.

His Excellency haveing upon the eighth day of this Instant
caused his Majties Royall Comands (for useing the New Seale) to be
published and haveing accordingly at that time affixed the Said Seale
to a Proclamacon for a Solemn Day of thankesgiveing, and to Severall
Acts of Assembly which he then gave his Assent unto And haveing
caused the Old Seales to be delivered to him that they might be broken
according to his Majties Comands; this Day the Said Old Seales, to
wit, one very large Silver Seale given by the Late King James the Sec¬
ond, which was never used, and, one small Steel Seale given by King

464

Executive Journals, Council of Colonial Virginia

Charles which was in constant use Were in the prsence of His Excel¬
lency and the Councill defaced and Broken.

Whereas L* Coll William Wilson by his Peticon to his Excelency
hath desired that he may have a lease of a parcell of Land lyeing in
Elizabeth Citty County appropriated to the use of ye Publick called
point Comfort Island, he being willing to pay such a reasonable Rent
as His Excellency Shall thinke fitt, and to Surrender it when ever it
Shall be demanded for the Publick Service.

Ordered, that the Said Wilson be admitted A Tenant upon the
Said Land paying the yearly Rent of five pound’s Sterl.

Ordered, that it be recomended to the Comittee appointed to re¬
vise the Laws, that they consider of the most convenient and best
method of Settling Ferries and Posts for the Service of the Publick.

Ordered, that five pound’s Sterl be paid to Mr Attorney Generali
out of the produce of the Ship Integrity Biddeford lately condemned,
it being for his Fee in prosecuting against the said Ship

Mr Attorney Generali according to order reported his Opinion
concerning probates and Administracons and Lycenses for marriages,
in these words following

May it please Yor Excellency

I am humbly of Opinion that probates of wills and Letters of Ad-
ministracon ought to be Signed by Yor Excellency and by noe other
it being a Judiciall Act in which noe Deputy can be appointed; but
as to Lycences for Marriages I am of Opinion Yor Exclly may Depute
such person’s as you Shall thinke fitt to grant the Same, being there¬
unto authorised by [some word omitted] of this His Majties Colony
and Dominion of Virginia.

Whereupon it is Ordered, that for the future all probates of Wills
and Letters of Administracon be prpared by the Clerke of the Several 1
County Courts where the Same Shall be granted Respectively and
transmitted to James Citty to be Signed by his Excellency according
to the ancient Lawe’s and practice of this his Majtiee Colony and Do¬
minion, and that noe other person doe hereafter p'sume to Sign any
probate or Comicon of Administracon as of late hath been used

Whereas it hath been reprsented by Lewis Burwell Executor of
Nathaniel Bacon Esqr deceased Late Auditor Generali of his Majties
Revenues in this his Collony and Dominion, That at the time of the said
Nathaniel Bacon’s Decease there was remaineing due to his Majty
upon account of his Revenue of Quitrents in this Colony the Sume of
one thousand three hundred twenty nine pound’s four pence half peny
Sterl. in the hands of the Said Bacon; and at the Same time there was
due unto the said Bacon; from [his] Majty upon account of his Revenues
of two Shillings per hogshead and Port Duties the Sume of fourteen
pound’s eighteen Shillings nine pence Sterl; which being transferred
to the Creditt of the Said Account of Quitt Rents the Ballance then
due to His Majty was One thousand three hundred fourteen pound’s
one Shilling Seaven pence half penny Out of which he did afterward’s
by warrant from the Right Honble ye Lords Comiconers of His Majties
Treasury dated at Whitehall the first day of March 1692-3 Pay unto
the Trustees and Founders of the Colledge of William and Mary in

Executive Journals, Council of Colonial Virginia

465

Virginia the Sume of eight hundred and fifty pounds Sterl to be applyed
to the use of the sd Colledge; And the remaining part of the Said Bal-
lance due to his Majty as aforesaid being four hundred sixty four
pound’s one Shilling Seaven pence half penny Sterl was afterward’s
upon the eighteenth day of July 1694 by Virtue of a Warrant from Sr
Edmund Andros his Majties Late Lieut* and Governor Generali of
this his Colony and Dominion of Virginia by him pay’d unto William
Byrd Esqr His Majties Present Auditor Generali of the Revenues in
this his Majties Colony and Dominion of Virginia, Soe that now he hath
made full Satisfaction and paym* of all Such money’s as were due unto
his Majty upon account of the Said Revenues from the Said Nathaniel
Bacon as appears by one account thereof Stated and Settled with the
Said William Byrd Esqrhis Majties prsent Auditor, and Signed by him ¬
self and Ralph Wormeley Esqr then and at prsent Secretary of this
his Majties Colony and Dominion, which Account bears date the twen¬
ty fifth Day of Aprill in the Yeare of our Lord 1695 therefore he prayes
that His Excellency would be pleased to take the Same into Consid-
eracon and give him such sufficient Discharge and acquittance from
any future claimes and demands on Account of the Said Revenues as
Shall be thought convenient and necessary in that Case; And whereas
it appears by the report of the said William Byrd Esqr to whom the
Same was referred, that he hath examined the Said peticon and find’s
it to be true as appeares by his Booke; therefore

Ordered, that the Said Lewis Burwell Executor as aforesaid be
discharged from any further Claime or demand on account of the Said
Revenues and that according to the prayer of his peticon such an In-
struem* be prpared as Shall be Sufficient for that purpose.

Whereas Mr John Gourdon Clerke was an Accomplice with Mr
Samuell Gray Clerke in the publicacon of the late Scandalous Libell
against the Governm* for which being Sent for, to appear before his
Excellency and the Councill the Said Gourdon in an humble Peticon
to his Excellency did confess his fault and pray that it might be par¬
doned, promiseing never again to offend in the Like nature, whereupon
his Excellency was pleased to Order that noe further Proceeding’s
should be had against the said Gourdon at that time, Notw* Standing
which his Excellency hath been Informed that the Said Gourdon doth
Still persist in the Publicacon of the Said Libell, therefore

Ordered, that Mr Attorney Generali doe make inquiry whither
the Said Gourdon hath made any publicacon of the said Libell Since
his and the Said Gray’s being Convened before the Councill And if it
appeares that he hath made any such Publicacon, that Mr Attorney
doe prosecute him at Law for all the Offences he is guilty of in relacon
to the said Libell.

Ordered, that Mr Auditor Byrd doe Send to England for twelve
Reams of Ruled paper for the Councill Office, out of which he is to
repay the Govern m‘ of Maryland four Ream for soe much lately bor¬
rowed of them.

Examinat: et Concord cum Original
Test B. Harrison Cl Con.

466

Executive Journals, Council of Colonial Virginia

[C. O. 5, Vol. 1310, C 16 continued, No. 2xxiv]

Virginia Sc* By his Excellency

Seal A Proclamation

Whereas a Piscataway Indian called & knowne by the name of
Squire Tom hath been convicted upon the Records of Stafford County
Court for the barbarous murther of Some of his Mats Subjects in the
said County and to avoid the just punishment due for ye said offence
is fled from Justice, Therefore I Francis Nicholson Esqr his Mat8 Lieu*
& Governour Gen11 of V rginia by & with the adv ce & consent of the
honoble Councill of state do in his Mats name command & require all
officer? Civill & Military & all other his Mats Loving Subjects within
this his ancient & great Colony & Dominion of Virginia to use their
best & utmost Endeavour to appffiend & take the Said Indian Squire
Tom, and him having taken to bring or cause to be bro* before any of
his Mats Justices of the peace in this Colony & Dominion who is hereby
commanded and required to secure the said Indian Squire Tom in
order to his being brought to Condign punishm*, and in case the Said
Indian doth resist or refuse to be taken it shall & may be Lawfull for
any of his Mats Loving Subjects to Kill Shoot, or destroy the said
Indain Squire Tom, & if any person or persons either Christian or
heathen shall appffiend and take the said Indian Tom either Dead or
alive I do promise to allow to any such prson or prsons the reward of
Tenn Pounds Sterling, wch the auditor of his Mats Revenues is hereby
impowered & required to pay, And I do command all Sherriffs to cause
this proclamation to be published in all Churches Chappells & other
publique places in their respective Countys as they will answer the
Contrary at their perills Given at James Towne under my hand & Seal
of the Colony this 21th Day of June 1699 in the Eleaventh year of his
MatB Reigne

Fr Nicholson

A proclamacon for appffiending &
taking one Squire Tom an
Indian

C. C. Thacker Clk. Sery8 office
God Save the King

[C. O. 5, Vol. 1310, C. 16 continued, or No 2**iii]

Virginia ss* By his Excellency

Seal A proclamation

Whereas many persons have made their claimes to diverse Tracts
of Land on the South side of Blackwater & in pamunkey neck & are
desirous to obtaine patents for the same, & for as much as many Sur¬
reptitious & feign’d Rights have been of late made use of contrary to
the Charter Granted by his Late Maty King Charles the 2d to this his
Colony & Dominion of Virginia bearing date at Westminster the 10th
day of October in the 28th year of his Reigne, and contrary to the In¬
structions of their Excell y 8 the Lords Justices of England pursuant to

Executive Journals, Council of Colonial Virginia

467

the said Charter, To the end his most gratious Maty may be no longer
deceived in his grants by such false & feign’d Rights nor his Mats Lov¬
ing Subjects prejudiced in their just titles & claimes, I Francis Nichol¬
son Esqr his Mats Leiu1 & Govr Gen" of Virginia with the advice of the
honoble Councill of State, do hereby give notice to & require all his
Mats Loving Subjects that expect any benefitt by any Claime to any
Tract or Tracts of Land on the Southside of Blackwater or in pamunkey
neck or else where not already patented that they produce Such & so
many Rights as they have in their possession, & by which they have
taken up or intend to take up any Tract or Tracts of Land to the hon-
oble Gen11 Court in October next on the 6th day thereof to the intent
that such effectuall ways & means may be found therein as may tend
to the advancement of his M'ats Interest and to the goof & benefftt of
all his Loving Subjects by Securing to them their just Titles & Claimes,
and I Comand and require all Sherriffs in their Respective Countys to
Cause this Proclamacon to be published in all Churches Chappells
Court houses & other Publique places as they will answer the contrary
at their perills, Given at James Towne under the Seal of the Colony this
21th day of June 1699 In the 11th year of his Mats Reigne

Fr Nicholson

A proclamacon for bringing the
Rights for Land

C. C. Thacker C Secry off

God save the King

APPENDIX

[Copied from the Randolph Manuscript, in the Virginia Historical
Society Library, Richmond, Va.]

By the Right Honble Herbert Jeffries Esqr Governor & c

Governor 1

ad versus [ Gentlemen
Col° Lu dwell J

You are this day met in Order to the Examination of Evidences
which I have produced against one who hath been of this Honourable
Council and Indeed is guilty of such Crimes which I am ashamed
should proceed from a Person once invested with such Honour and
therefore before I proceed to the particular Matter I shall tell you that
it has been the Care of the Parliaments to preserve the Person of his
Majesty as also of the Lords and others his Majesty’s Officers and
Ministers from all Malicious contrivances compassings or Reproach-
ings For it is Evident that the great Mischiefs which happened in the
late civil war in our Country did arise from the Malicious Speeches of
divers Persons to raise a dislike First of his Majesty’s person then of
the Lords and great Men so of the Government For we find that as it
is Treason to contrive to murther his Majesty’s Person so iff is to slay
the Chancellor Treasurer or King’s Justices nay the Law is so strict
for preservation of such great men in Authority that if any man should
draw a Weapon on any Judge or Justice in Execution of his Office it
is misprison of Treason for which the Offender shall lose his Right hand
forfeit Lands and Goods and Suffer perpetual Imprisonment And the
Statute of the 13th of our present King Charles the Second Chap1 1st
is inti tied for preservation of his Majesty’s person and Government
and thereby it is Enacted that if any person shall Maliciously express
publish or declare any words to incite and stir up the people to hatred
and dislike of his Majesty or the Established Government shall be
disabled to enjoy any place Office or promotion either Civil or Military
as also suffer such further punishment Inflicted by Common or Stat¬
ute Law

I therefore here present to you that Col0 Philip Lu dwell out of an
unbounded Malice against me his Majesty’s Lieut and Representative
here in this Colony and out of dislike of his Majesty’s Government
here Established did speak the Several Words proved against him
which Words as I conceive and may be evident to this Honourable
Council proceeded from a premeditated Malice in him and I doubt not
but that it will appear to you that he hath all along a wicked & Mali¬
cious Contemner of his Majesty’s Authority in me and my fellow Com¬
missioners since our arrival here being sent by his Majesty to salve the
breaches of this so miserable disordered Country And altho I presume
it is well known to you with what great Care and Circumspection we
proceeded in Obedience to his Majesty’s Commands yet he most Mal¬
iciously contrived and penned a Letter (a Coppy whereof was acci-

Executive Journals, Council of Colonial Virginia

469

dentally discovered) by which he contemned and despised the afore¬
said Commissioners speaking Evil of their Authority and Actions And
altho’ he seemed outwardly sorry for the Malicious penning of that
Letter yet it appears that his Malice did not end there for having a
long time lain hid in his Breast as not coming to my knowledge and
when I least doubted of him who so lately had expressed his Sorrow
for what was past I then met with the whole information exhibited
not [now?] before you and to set forth his Malice the greater I must
tell you that if the often reiterating of what now is produced and his
often urging it should be declared to me had not constrained those to
whom it was spoke to acquaint me therewith his Malice might not have
been discovered unto me until this time And indeed I conceive those
offences are much greater in him than in a private person for he as a
Councellor owed a Double respect to his Majesty’s Authority in my
Government here.

But since he hath been admitted to so great a trust I do in Hon¬
our to his Majesty’s Councill for this Colony not bring him publickly
to the seat of Justice for a Tryal but have thus convened a Private
Court and do Expect that you should proceed in the Examination of
the Depositions Exhibited against the said Col° Ludwell and of all
other Evidences and of all the Circumstances of the whole Matter And
it is further Expected and required from you that you do severally
give your Opinions in writing how far he is Guilty touching the Con¬
temning his Majesty’s Authority in me and what punishment he de¬
serves in Justice for such his Contempt and also how far he is liable of
defaming Scandalizing and Otherwise abusing my particular good name
and Reputation And what damages he ought to Suffer for such per¬
sonal Scandal to the End and purpose his Majesty’s most sacred Ma¬
jesty may have the full Account of this Matter And that I may have
reparation for such abuse to me offered as is Just and suitable to my
Quality And being confident of your great Justice and Integrity that
you will not do less or Otherwise than persons so Qualified I leave you
to your more serious Considerations of what is here set forth or shall
be brought before you in this Cause, and so remain

Your most Affectionate Servant
Herbert Jefferies

Given at James City
the 20 of December 1677

Recorded Per Henry Hartwell Clerk Court

To the Honble Jeffries Esqr Governor & c

In Obedience to your Honour’s Command the Council have ma¬
turely considered of the way for the trial of the Matter against Col°
Philip Ludwell to the End that there may be Justice and Right done
in the Cause and taking in their Consideration in what Method they
ought to proceed and having seriously Viewed and considered your
Honours Commission and also the Commission of Sir Wm Berkeley by
which it appears that there is none of the Quorum but the Governor
and that in the Absence of the Governor the Council or any four of
them are to nominate one pro tempore to preside And the Councill on
Consideration of the whole Matter are of one unanimous Opinion that

470

Executive Journals, Council of Colonial Virginia

it is the most Legall and Safest way for the Council to nominate one to
preside pro tempore and accordingly the Council made Choice of the
Honourable Sir Henry Chickeley and humbly pray your Honour to
confirm Sir Henry Accordingly to the End that there may be a pro-
seeding in the said Cause and Justice and right which is the Earnest De¬
sire of Right Honourable,

Your most faithfull and humble Servants
Rowland Place Nathaniel Bacon

Ralph Wormley Daniel Park

Richard Lee Nicholas Spencer

John Custis Joseph Bridger

William Cole

By the Governor and Captain General of Virginia

According to the within written request of the HonbIe Council of
State of Virginia I do confirm the PIonbIe Sir Henry Chickely President
of the Council in the Cause depending betwixt our Sovereign Lord
the King, my self, and Col° Philip Ludwell Given under my hand this
26th Day of March 1678

Recorded Per Henry Hartwell Herbert Jeffreys

Clerk Council

To the Right Honble Herbert Jeffreys Esqr Governor and Captain
General of Virginia

This Board have with Serious and mature consideration inquired
into the Charge exhibited by your Honour against Colonel Philip
Ludwell and have fully heard what the Council on both sides could
say and perused the Statutes by them Quoted and Compared the Evi¬
dences by them produced by all which to us it seems that the words
spoken by Col° Philip Ludwell against your Honour are highly Scan¬
dalous and for the proceeding it is our Opinion that a Jury be impaneled
to inquire into it being the Right of all English Subjects for we cannot
in any case be Judges and Jurors too.

Rowland Place Henry Chickeley

Ralph Wormeley Nath1 Bacon

Richd Lee Daniel Park

John Custis Nicholas Spencer

Augus. Warner Joseph Bridger

William Cole

Recorded Per Henry Hartwell Clerk Council

Interragatories to be given in the Cause between our Sovereign
Lord the King and the Right Honble the Governor of Virginia Plan-
tiffs and Col° Philip Ludwell Defendent.

1 Do you know Col0 Philip Ludwell in the Intergatorys named
how long have you known him declare the truth upon your Oath.

2 Was you not at the House of Colonel Philip Ludwell on the
20th of November 1677 in Glocester what time of that day came you
thither and on what Occasion declare the truth upon your Oath.

3 Did not you hear the said Colonel Ludwell say being fresh
sober and without provocation that the present Governor Col° Jeffries
had done him several Injuries that he had refused to sign to him the

Executive Journals, Council of Colonial Virginia

471

said Ludwell a Dedimus potestatem and that he had refused to sign
in his Behalf an Execution against Ingram and therefore the said Gov¬
ernor was perjured for that he had done injustice delayed Justice and
broke four or five of the principal Laws in this Country how many times
did he repeat this declare the truth upon Oath

4 Did not you hear the aforesaid Ludwell say that he would
prove and Justifie every Particular mentioned in the aforesaid Inter-
gatory and that he was glad he had met with John Seayes for he was
sure he would acquaint the Governor with what he said in which if
he did not he would make a Journey on purpose to the other side of
the River and did he not say he would speak it in all Companies that
it might come to the Governor’s Ears for he had spoken it in divers
Companies and it was for the good of the Country and he would put
his Neck upon it and Justifie it with his Blood.

5 Did he not say that Col° Jeffries was a pitiful little fellow with
a Perriwig that he had done nothing but injustice since his arrival here
and that he had broke more Laws in Six Months, than Sir Wm Berkeley
in 35 Years Government.

6 Did he not say that the present Governor Jeffries was a worse
Rebel than Bacon for that he had broke the Laws of this Country
which Bacon never did

7 Did not you often hear him repeat the aforesaid discourse and
did not you desire him several times to talk on some other discourse
and did he not refuse saying he would never leave until he had given
an Account thereof to some great persons in England for if every pitiful
fellow that came in Governor to Virginia had Liberty to break the Laws
of his Country as they had done the posterity would be ruined which
he would never Suffer Declare the truth upon your Oath

8 Did he not say that he being accused of a Letter he had writ
for England had since writ one six times worse and therefore asked
what Judgment we had then

9 What other Circumstances of the said Ludwell’s discourse you
can remember declare it particularly to the best of your Knowledge
and forget not the Oath you have taken and the Interest of his Ma¬
jesty and his Governor.

Recorded Per Henry Hartwell Clerk Council

The Answer of John Seayes to the Intergatories put to him by the
Right Honourable the Governor in a difference between him and Colo¬
nel Philip Ludwell.

To the first he says that he has known Col° Philip Ludwell seven
years or thereabouts.

To the Second he says being at Mr John Throgmorton s house on
the 20th of December and being destitute of a house and having Oc¬
casion to talk with Col° Philip Ludwell on Business relating to. the
Estate of Mr Hugh Nevett deceased and believing him to be his Friend
he declared he would go to Col° Ludwell’s House and would not only
do his Business with him on the Behalf aforesaid but would likewise
request the favour of him to set him over tne River or lend him a
Horse.

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Executive Journals, Council of Colonial Virginia

To the third he saith at his coming to the House of Col0 Philip
Ludwell and at the drinking part of a Flaggon of Syder which he was
pleased to call for, he began to complain of Several Injuries done him
by the present Governor Herbert Jefferies Esqr and desired him the
Deponent to say whether he had not refused to sign a dedimus potesta-
tem against Ingram and Walklate to which this Deponent answered
that the said Dedimus potestatem being presented to the Governor he
refused to sign it, And as to the Execution against Ingram he said he
knew Nothing of it, but he doubted not the Governor would answer
any thing he had done in that Case, and he did immediately say that
the Governor was perjured that he had done injustice delayed Justice
and had broke four or five of the Laws of this Country.

To the fourth Col0 Ludwell did say, that he would prove and Jus-
tifie every particular aforesaid, and that he was glad he had met with
this Deponent for he was sure he would acquaint the Governor and
that if he did not he would come over the River on purpose to speak it
in such Company as it should be sure to come to his Ears, and that he
would put his Neck upon it, and Justifie it with his Blood.

To the fifth Col° Ludwell did say that Col0 Jeffreys was a pitiful
Little Fellow with a Perriwig fellow I call him says he for he has broke
more Laws in Six Months time than Sir Wm Berkeley Did in 35 Years
Government which he could say for Sir Wm Berkeley altho’ he had no
Obligation from him

To the Sixth Col° Ludwell did say that Col° Jeffreys was a worse
Rebel than Bacon for he had broke the Laws of this Country which
Bacon never did.

To the seventh, Col0 Ludwell did several times repeat that the
Governor was perjured for he had broke several Laws of this Country
contrary to his Oath and that he would stand for the Interest of the
Country which was all he aimed at, for if that every pitiful fellow that
came in Governor to this Country had Liberty to break the Laws as
this had Done his Children nor no Man’s Else could be safe in the title
or Estate left them.

To the Eighth Col° Ludwell did say that he had been accused for
writing a Letter formerly which had made a great Noise but that he
had writ one since, six times worse of which there was no Notice taken

To the Ninth he cannot remember any more circumstances only
that Col0 Jeffreys was not worth a Groat in England and that he had
better Friends at Court than he had and he would not forbear speaking
in this Cause for it was for the Interest of this Country.

Signed this 26th day of March 1678
John Seayres

Sworn before us this 26 of March 1678
August Warner

Mathew Kemp Recorded

Philip Lightfoot per Henry Hartwell Clerk Council

Henry Whiting

The Answer of Mr John Throgmorton to the Intergatories put to
him by the Right Honble the Governor in the Difference depending
between him and Col° Philip Ludwell Esqr

Executive Journals, Council of Colonial Virginia

473

To the first, he answers he has known Col° Ludwell about Seven
or Eight Years.

To the Second, That it was about 10 or Eleven a Clock that Mr
Seayres and myself came to Col° Ludwell’s House the 20th of November
about Settling of an Account.

To the third, he did believe that Col° Ludwell had been Drinking
and without provocation Colonel Ludwell did say that if Herbert Jeff¬
eries be sworn Governor of Virginia then by his Oath he is to do Jus¬
tice and not to delay it which he hath not done and therefore he is
perjured for he hath broken three or four of our best Laws in Virginia
and in one I will Instance which is denying to sign a DedlmUB to which
Mr John Seayres made answer that he was then present when the Gov¬
ernor denyed it to that Col° Ludwell replied that he would be a good
Evidence for him in that Case and Col° Ludwell said the Governor
refused to sign an Execution of Doctor Gwyn’s again Ingram.

To the fourth that Col° Ludwell said he told it to Mr Seayres that
he should acquaint the Governor with it and that he had spoke it on
the other side of the River

To the fifth that Col° Ludwell did say that Sir Wm Berkeley Gov¬
erned this Country 35 Years yet in that time he hath not done so much
injustice as this man hath done in 6 Months as to the breach of the
Laws.

To the Sixth, he answers negatively.

To the Seventh, that Col° Ludwell did report some part of the
aforesaid Discourse as to the breach of the Laws two or three times
over and that he desired Col° Ludwell to desist from that discourse and
talk of somewhat else and that he said he would write home to some
person of Quality about it and that Col° Ludwell did say that if our
Laws be broken our posterity will be ruined.

To the Eighth, there was something spoken by Col0 Ludwell about
the Letter that was taken up and so Col° Ludweil thought that made

the Governor so unkind to him. .

To the Ninth I do not remember any other discourse that had
referrence to this Business but what I have already declared.

John Throgmorton

Sworn before us this 26 of March 1678
Aug. Warner

Math. Kemp \ Recorded

Phil. Lightfoot Per Henry Hartwell Clerk Council

Henry. Whiting

Griff Jones of Middlesex County sworn upon behalf of our Sov¬
ereign Lord the King and Herbert Jeffries Esqr Governor of Virginia

against Col0 Philip Ludwell. Saith. . . c

That he this Deponent being at New Kent Court in the month ot
julv to his remembrance and there then depending a certain suit de¬
pending between the said Col° Ludwell and one George Walklate who
had a protection from the Right Honourable the. Governor aforesaid
until his Majesty’s pleasure the same coming in Discussion and debate
to that Court whether the same should be allowed or not the Court
was pleased to refer this Question to the Deponent whereupon the

474

Executive Journals, Council of Colonial Virginia

Protection was Read and it appeared that the said Walklate had Com¬
plied with the said Protection according to the Governor’s Order this
Deponent replied then to the Court that the King might lay a non ob¬
stante but could not dispense with an Act of Parliament and therefore
he supposed the protection to be good upon which the said Col° Lud-
well replied to the Court that if they allow’d the Governor’s protection
to be good they must allow and own the said Governor to rule by an
Arbitrary power whereupon the said Court did disallow of the said
Protection

Sworn before us the 26 of March 1678 Griff Jones.

August Warner

Mathew Kemp Recorded

Philip Lightfoot Per Henry Hartwell

Henry Whiting J Clerk, Council.

To the Right Honble Sir Henry Chickeley Knight
President and the HonbIe Council of State

The Humble Answer of Philip Ludwell

Whereas I have by your Honour’s favour and Justice received a
Copy of a Letter from the Right Honble Herbert Jeffries Esqr Governor
& c Containing in it the Nature of an information or Charge against me
of high misdemeanors committed against the Authority of his Majes¬
ty’s Government here and also such time as your Honours thought meet
for my Answer to the same which in all humility I here present to you
as far as the nature of the Charge will allow me it being in general
Terms and I altogether unacquainted with the import of these Evi¬
dences taken against me mentioned in the said Letter or Charge I
most humbly desire that if it shall be found necessary upon the opening
the Dedimus and Examination of the Evidences by Virtue thereof
that I may have Liberty and time allowed me for a further answer to
what may be objected against me.

I humbly conceive it may be allowed that a Man may speak his.
own Merits without Vanity especially where Life or Estate or which
ought to be more dear Reputation is concerned I shall therefore humbly
beg your Honours leave to give you a short View of my Services and
then of my Sufferings for those Services to preserve the Authority of his
Majesty in this Country in the person of Sir Wm Berkeley his Majesty’s
Governor & c and for the Interest of the whole Country which I doubt
not will appear to all the World without contradiction that I was with
Sir Wm Berkeley and Consequently followed and obeyed him from the
very beginning to the End of the Rebellion I am confident cannot be
denied and humbly hope no fault can appear against me in any Station
during those times It will also appear that when Sir Wm Berkeley had
not (by the General Defection) one foot of Ground on the Western
Shore, he could with safety stand on I was one of the five that accom¬
panied him to Accomack where we had not long been but Bacon pur¬
sues us with Capt Larimore’s Ship with 16 Guns in her, a Small Bark
with 4 Guns and a Sloop in all which were 250 well Armed Men under
the command of Mr Giles Bland and Capt Wm Carver the latter being
a very good Seamand and a Stout resolute Fellow and also a Vessel of

Executive Journals, Council of Colonial Virginia

475

about 90 Tuns being newly come in which Mr Bland seized in his Voy¬
age over and made prize by Bacon’s Law and for his Service whilst
Affairs stand in this miserable Condition God Almighty gave a Signal
token of his mercy to us by stirring up Honest Capt Larimore to pro¬
mote his Majesty’s Interest by the preservation of this Country by
sending a Note privately on Shore to the Governor that if he would
send him some force he would deliver up the Ship to him which the
Governor suspecting from the Ill Character unjustly given him of Capt
Larimore’s Loyalty commanded my Advice what was best to be done
in this conjuncture of time And I advised him to accept of the Offer
because our Condition was every way as desperate as that seemed to
be and Consequently no Choice left us and offered my self to go on
board so on my humble request the Governor presently gave me a
Commission for it with which I went down immediately to the water
side and with 26 Men besides my self in two small Boats got on Board
the Ship took her and the other Vessels with all their Force disarmed
the Men and send Mr Bland and Carver on Shore Prisoners with as
many of the other as we thought Convenient.

Thus have I given your Honours a brief account of this piece of
Service which tho’ it wants many of its Just Circumstances I fear may
seem tedious to you but I humbly beseech your Honour to consider the
benefit that in all Likelyhood accrewed by this fatal Blow to Bacon’s
designs for with this force he must be concluded absolute Master of
every Man’s fortune in this Country and with that every Merchant’s
Ship that came in of which there were twenty before his Majesty s Ships
arrived and altho’ some of the Merchants’ Ships arrived were of con¬
siderable force yet coming in without any Notice which they could not
have but by Miracle might easily have been surprized If this had hap¬
pened then I beseech your Honour to consider whether this might not
have put his Majesty’s Ship in some hazard considering that altho
Sir John Berry is without all doubt a Gentleman of unquestionable
Conduct and Courage and would not have valued much a greater
Number in a larger Room yet being in a Narrow River whether Bacon
might not have burnt or Otherwise have distressed them tis possible
it may be said that when his Majesty’s forces appeared Bacon would
have resigned the Likelyhood whereof may be guessed by. those oaths
he imposed on the people to oppose any forces his Majesty should
send in and also by his declarations to the people but I shall leave this
to your better Consideration.

Besides this (most Honoured Gentlemen) I do aver that alter my
coming into York River from Accomack by another Order from Sir
Wm Berkeley I was the prime Cause of taking away and securing four
of the Enemy’s Sloops which was all the Vessels they had but one small
Ship which we had also secured had she not been removed two days
before and hauled up where we could not come at her this was no small
discouragement to the Enemy neither was it performed without great
hazard as many can Witness.

I doubt not most honoured Sirs but most of you here know ! was
never wanting at all times to oppose the Rebels all I could with all
Diligence hazard and hardship I will not presume to trouble you lur-

476

Executive Journals, Council of Colonial Virginia

ther with this but humbly beg your Patience while I say something of
my Suffering for thus serving his Majesty under the Command and
Conduct of his Governor Sir Wm Berkeley according to my duty and
Allegiance, the ruinous Condition I was left in I suppose is not unknown
to your Honours here present and I am sure to many in the Country
besides being plundered of all within their Reach both without and
within Doors besides my Books and Papers to a Considerable Value.

Yet I give God thanks I was not so much concerned at this (tho’
their Malice reached to all that had relation to me) as I was Joyful for
the happy restoration of the Country having the fairer hopes of such
a Settlement as that we might enjoy the poor remains of our fortunes
in peace and that the Laws might have their former Vigour (which
for some Months had been wholly laid by) so as by them every Man
might recover what should be found in Justice to belong to him.

But I did not long enjoy the Effects of these hopeful considerations
for altho I applied myself as Early as any except Col° Bridger yet it
pleased the Right Honble the Governor to take out of my hand the
Collectors place of York River the only little support left for my self
and family which I held by Sir Wm Berkeleys Commission the Cause
whereof I do not yet know

Upon consideration that by the Act of the grand Assembly all
persons were left liable to be sued for trespasses committed in the time
of Rebellion I commenced my Actions against some of the principal
of those that plundered me, but was hindered in the prosecution by a
protection granted to George Walklate contrary to the express Words
of the Laws of this Country and many Statutes of England.

Moreover when in Order to making my proofs I desired a Dedimus
potestatem for the Examination of Witnesses It was denied me by
which means tho’ I had Judgment Granted me the last Assembly for
a small part of what I lost Yet I could not have Judgment for my papers
and Books taken with my Goods to the Value of near 40000 li tobacco
for want of Evidence a great part of which Tobacco I must pay to
other people, or go to Jail as being Security for an under Sheriff who
died in the time of his Collection which place I was forced for the Re¬
mainder of his time to manage the best I could for my Security and
had with much Care and pains procured th._ Bills and Accounts by
which I should have received the tobacco to pay those Debts for which
Judgement doth daily pass against me in the Court which makes the
Loss double Now I do humbly beseech your Honours to beleive me
( hus far that it is a great Trouble upon my Spirits beyond all my Losses
that I stand here before your Honours as a Contemner of that Author¬
ity to maintain which I have severely suffered and I do further desire
your belief that I take no pleasure in recounting these misfortunes but
could heartily have wished none of them had happened and do further
humbly desire , that if there shall be any thing found in those deposi¬
tions by which it shall appear to your Honours I have done any thing
derogating from the Honour of his Majesty’s Governor or Government
here you will be pleased to consider the great Exasperation I had which
possibly might raise me by their continued Course to that height of
passion as to speak those things which on a better Consideration a calm-

Executive Journals, Council of Colonial Virginia

477

ner Temper I should not have done and which I shall most readily and
humbly acknowledge when it appears I hope Gentlemen if the strictest
Enquiry be made into my past Life and consideration in this Country
I shall be found no other than a true and faithful Subject to his Maj¬
esty especially in these times of our Troubles without any other de¬
sign God Almighty is my Witness that I know of than discharging my
Duty and Allegiance as I ought.

As to what the Right Honble Governor is pleased to charge me
with concerning a Letter casually lost and discovered to him I think it
hard that that Letter should now be brought as an Aggravation against
me in this Cause having laid still so long and nothing said of it neither
doth it ever appear it has been mentioned in England I do not well
remember it but since it is so reflected on I humblv desire a Copy of
that Letter may be laid before your Honours and am most Confident
there will not be found a word in it of his Majesty’s Commissioners
spoken but will [with] respect and shall further beg your Honours will be
pleased to give your Opinions of it in General being writ only to a
private Gentleman And now most honoured Gentlemen being well
assured of your Justice and Integrity I shall in all humility lay my
Condition before you for your serious Considerations and desire that
you will please to weigh well the Import of these Depositions against
me but I fear I hold your Honours too long and shall therefore humbly
rest in hope that there will be nothing found whereby it may be thought
that I have Injured any of a Malicious Intent But if it shall appear
that any follies have casually been committed in the time past I hope
this may be amended for the fu ure by

Your Honours most humble and most Obedient Respondent.
March 28 1678 Philip Ludwell

Recorded Per Henry Hartwell Clerk Council

We the Jurors being sworn to examine the Complaint of the Right
Honourable the Governor against Colonel Philip Ludwell having
throughly examined all Evidences and weighed all Circumstances do
give Verdict as to the Charge against him for abusing the Authority of
his Majesty we find him not Guilty but we find the said Colonel Philip
Ludwell guilty of Scandalizing the Governor by saying that he was
perjured and had broke several Laws And we also find that the Law of
this Country confirmed by a President of the General Court gives such
inconsiderable Damage which we think too small for so great an Offence
but being a Point of Law we leave it to the Honble Court.

Southy Littleton, Foreman.

Recorded Per Henry Hartwell Clerk of Court.

At a General Court held at James City the 29th of March 1678.

Present

Sir Henry Chickeley Knight President
Col° Nathaniel Bacon Col0 Wm Cole Col° John Custis

Lieut. Col° Daniel ParkRowD Place Esqr Col° Aug* Warner
Col° Nicholas Spencer Ralph Wormly Esqr
Col0 Jo8 Bridger Richd Lee Esqr

478

Executive Journals, Council of Colonial Virginia

Whereas upon a full hearing of the Complaint exhibited against
Col° Philip Ludwell to this Board by the Right Honble Herbert Jeff¬
ries Esqr Governor which Complaint and the Respondents Answer
with the Evidences thereunto relating were referred to an able Jury
to Enquire into the whole Matter who thereupon returned their Verdict
that they found the said Col0 Ludwell had scandalized the Governor
and thereupon the Council for the Governor moved that the whole
proceedings might be transmitted to the King’s Majesty and the Right
Honourable the Lords of the Privy Council that according to a Statute
of the 12th of Richard the Second the King’s Council may advise of
Punishment proportionable to the Offence — It is therefore Ordered
that the whole proceedings with all papers thereunto relating be trans¬
mitted to the King’s most Excellency Majesty and the Right Honble
the Lords of the Privy Council and that Col° Philip Ludwell do forth¬
with give bond for One thousand pounds Sterling Security either per¬
sonally or by proxie accordingly to answer

Upon the Declaring of this Order the Defendent appealed to the
grand Assembly of his Majesty’s Colony urging that according to the
Laws and Constant known proceedings of this Colony in all Cases ex¬
cept Life and Member appeals are open from general Courts to County
Courts* and from General Courts to the Grand Assembly upon which
appeal this Board entered into a Mature debate and thereupon have
resolved that this appeal with the fore recited Order and all proceedings
hereunto be transmitted to the King’s most Excellent Majesty and the
Right HonbIe the Lords of the Privy Council most humbly begging
their Lordships will be pleased to declare whether the afore recited
Defendants appeal may be proceeded in to the hearing and determining
by the Grand Assembly, according to Laws and practices of this Colony
as yet being no President to the Contrary whether their Lordships will
please to require that the whole Matter shall be first laid before their
Lordships and by their Lordships receive a final decision and that in
the Interim Col° Philip Ludwell and* do give Bond for five hundred
pounds sterling with good Security for his good Behaviour to the Right
Honourable the Governor and likewise that the Bond in the aforecited
Order and Bond for One Thousand pounds to be and remain in force
till the whole Matter be concluded.

Sir Henry Chickeley, Lieut Col0 Daniel Park,
and Rowland Place Esquire, dissent from all
that Part of this Order, of the Defendents ap¬
peal to the Assembly.

Recorded Per Henry Hartwell

We have considered of the Questions to us proposed by the
General Court at Virginia upon the Case as it was stated
there the 8th May 1679 being attended by John Bland

t f j*Tfhls Pa.raSrfPh has evidently been badly copied by the compiler of the Randolph Manuscript
Instead of writing ^re open from General Courts to County Courts", he should have written ‘‘from
omitted C°UrtS t0 Genera Courts- The "and” after ‘‘Ludwell” farther down should have been

Executive Journals, Council of Colonial Virginia

479

and his Council but none attending on the other part and
are of the following Opinion

As to the Questions Concerning the Articles made by Giles Bland
how far Giles had pursued his Authority how far not we think that he
having a full power to take Accounts conclude and Compound his
Agreements ought not in Equity and good Conscience to be set aside
but we are of Opinion that the said Articles ought not [now] to be punc¬
tually and fully performed and made good in whatsoever was wanting
to the performance of them with consideration of Damages for not per¬
forming in due time and if Damage have happened since the making
the said Articles the plantations are the worse or impoverish’d by the
Death of the Negroes or that the Stock and goods upon the Plantation
are now dead destroyed or Otherwise worse that damages and full
Satisfaction and reparations ought to be made to John Bland for the
same unless it were by the Occasion and thro’ the Default of the said
Giles and that he ought to be put in the Same Condition and plight
now as when the Articles were made And that if that Agreement be
made good in Specie or in Damages the Articles and Bond of Theodo-
rick Bland ought not to be put in suit But if the last Articles made by
Giles be not fully performed a Remedy ought to be given by the said
Bond or Otherwise so far as to make amends to the said John Bland for
what is Deficient Either in point of Value or time with Damages

Francis North

London November 11 1679 Hugh Wyndham

Robert Atkins
Wm Ellys

To the Right Honourable Sir Henry Chickeley Knight
his Majesty’s deputy Governor of Virginia with the Honourable

Council of State

The Traverse or Petition of Lewis Griffin and Lewis Burwell Ex¬
ecutors of the last will and Testament of John Burnham Deceased.
Sheweth.

That whereas by Virtue of a certain Writ in the Nature of a Diem
Clausitu extremum directed to the Escheator of the County of Mid¬
dlesex to enquire of what Lands the said John Burnham died seized in
fee and a certain Inquisition thereupon taken it is amongst other things
found that the said John Burnham was at the time of his Death seized
of two thousand two hundred and fifty Acres of Land Scituate in the
upper parts of Christ Church Parish in the said County, and that the
said John made no Will Effectual in Law whereby he could devise his
Lands neither did he otherwise dispose of the same nor is there any
heirs of his in this Country and therefore they (in Express Terms) say
and find the said Land doth Escheat as by the said Inquisition ap¬
peared. The said Lewis and Lewis saving and reserving to themselves
all and all manner of benefit and advantage of exception to the mani¬
fold uncertaintys and imperfections of the said Inquisition by Protes¬
tation do say that Notwithstanding any Matter or thing therein con¬
tained the Estate Right Title and Interest of in and to the aforesaid
Lands of which the said John Died seized is and by Law ought to be
in them the said Lewis and Lewis and not in our Sovereign Lord the

480

Executive Journals, Council of Colonial Virginia

King or any other person whatsoever without that the said John did
not make a Will Effectual in Law whereby he could devise the said
Lands and without that he did not dispose of the Lands as untruly
found in the said Inquisition because as they the said Lewis and Lewis
say the said John by his last Will and Testament in Writing under
his hand and seal dated the third day of January 1680 duly proved and
recorded in this Honble Court did devise and bequeath the said Lands
to them the said Lewis and Lewis and their Heirs for Ever and they say
it is and ever has been a good bequest in Law and always so received and
accounted in Law and for that by Law your Honours are the sole Judges
of Law and the Jurors Judges of fact only and the said Jurors having
taken upon them to Judge Matter of Law which was not given them
in Charge which the said Lewis and Lewis say hath made the said In¬
quisition Vicious for if they had found specially it would have been
well and for that it is contrary to the known Laws of England and
especially the Statute of 2d and 3 d of Edward 6 Cap. 8 if any Lands
should be taken into the King’s Hands (unless a melius inquirendum do
issue) where an Imperfect Inquisition is made.

They humbly pray a full and thorough Examination of the Law
in such cases and that the said Inquisition may be declared invalid in
Law and reason for the Insufficiency thereof and that a melius in¬
quirendum do issue and then they doubt not but to be able to prove
the Right of the said Lands in them and no other person whatsoever
And they humbly pray that whatsoever claims under the aforesaid
Inquisition may put in an answer in writing.

And they shall pray & c

To the Right Honble Sir Henry Chickeley Knight his Majesty’s Dep¬
uty Governor of Virginia and the HonbIe Council of State.

Ralph Wormley Esqr comes in behalf of himself as a purchaser of
his sacred Majesty and answers to the Declaration of Lewis Griffin
and Lewis Burwell nominated Executors of the pretended last Will
and Testament of Lieut Col0 John Burnham deceas’d saying that he
hath justly compounded with his Majesty for the Land therein con¬
tained to say Two Thousand Two Hundred and fifty Acres of Land
Scituate in Middlesex County of which Lands the said Lieut Col° John
Burnham died seized in fee and that he conceives the proceedings in
the said Inquisition to be according to the Instructions given to each
Escheator in this Country and the continued and accustomed practice
thereof since its first scituation And further saith that a Jury by finding
an invalid Will of the said John Burnham in the said Inquisition have
not exceeded their Duty in rejecting the same although proceeded to
them which Will your Respondent further saith is utterly invalid both
in fact and Law for want of testimony according to an Act intitled an
Act to prevent frauds and perjuries made in the 29th Year of Charles
the 2 d as he is ready to make appear for which reasons your Respondent
prays that the said petitioners with their Petition be rejected that your
Respondent may be confirmed in his quiet and just possession and that
they pay him Damages for this unjust Molestation and Trouble.

And he shall pray & c

Executive Journals, Council of Colonial Virginia

481

The Replication of Lewis Griffin and Lewis Burwell

The said Repliants not confessing nor acknowledging all or any
the Matters or things material or Effectual in the said answer alledged
but saving and reserving themselves now and at all times hereafter
all advantages of Exceptions to the in certainties and insufficiencies of
the said answer the said Repliants for replication say in all things
before as in their Traverse they have said and that all and every the
matters in their said Traverse are true good and Sufficient in the Law
to be replied unto and further they say that Notwithstanding there
be not three Witnesses that subscribed at the time of the publishing
of it in the words of the aforesaid Act do litterally require and Not¬
withstanding require any other thing in the said Answer contained to
the Contrary the last Will and Testament of the said John Burnham
is good valid and sufficient and made in due form of Law and that the
Right Title and Interest of in and into the said Two Thousand Two
Hundred and Fifty Acres of Land whereof the said John died seized
is thereby well and sufficient conveyed settled and assured on them the
Replicants and their Heirs in fee because as these repliants say.

1st It is not by the said Act nor by any Law or Authority yet
declared or adjudged that the said Act shall be binding or observ’d
by the Inhabitants of this Colony nor are they so much as mentioned
nor is it possible it should be observed by them before the said Inhabi¬
tants have notice (which can no otherwise be given them) then by
Proclamation or declaration which as yet hath not been made of the
said Act it ought and hath always been accustomed both in England
before printing was (and some time after) by sending written Copies
of all Laws past in Each Parliament under the great Seal of England
to the Sheriff and Chief Officer of every Borough City and County to
be by them published to the people and now at this day since printing
hath been so common the King’s Printer provides a certain Number of
Copies at the End of each Sessions to be Delivered to the several Mem¬
bers by them to be distributed in the places for which they serve to the
End None may plead Ignorance of the Law and the like Course is
taken in this Colony amongst us (for as has been adjudged) it would
be not only unreasonable but inhuman to require Obedience and ob¬
servation of a Law of which we have no means to take notice The
Law compels no man to an impossibility but on the Contrary in Ability
to perform the Law excuseth the performance of it For which Reason
these repliants verily hope your Honours will not in your Wisdom ad¬
judge the will of the said John to be invalid (should it happen to want
some of those formalities which by the said Act are presented to be
required to the perfecting thereof since according to the ancient known
Laws in your Government it is Otherwise every way perfect and in
due and common form made and proved and this the rather are these
Repliants confident of, first, for that your Honours are not tied to the
strict and punctual Observance of the Laws of England (which with
submission will be impossible for you to do) but have Liberty given
you by our present Sovereign Lord the King and his Royal Predeces¬
sors by their several Royal Charters granted to this Colony to do what
you may. This Act cannot be admitted as a Law until he be published

482

Executive Journals, Council of Colonial Virginia

and so declared to be and that the people may have Notice thereof
without great Inconveniency as disorder confusion and Mischief nay
utter ruin to many of the Inhabitants of this Colony.

First by making void all or the most part of those Wills and Test¬
aments made since the 24 of June 77 Whereby the Inhabitants have
as they thought settled and disposed of their Estates all or most of
which want those formalities prescribed by the said yet are the people
as yet in quiet and peaceable possession of the bequest thereby made
the Wills allowed for good no man get disturbed or molested except your
repliants most of which should this Act be pleaded against them would
be void and they defeated of their possessions some by Escheat and
some otherwise

Secondly most contracts leases per Roll Surrender of Leases and
many other agreements will be likewise void for want of formalities
by this Law required.

Thirdly and Lastly all proceedings and Judgments had in any
the Courts of Law or Equity settled within this Colony upon any the
said Contracts Agreements Leases & c will be erronious and void and
so will this Act which was intended to prevent Frauds prove a great
Fraud and snare to all those who having settled their Estates by will
made bargains Contracts let or taken Leases Surrenders & c according
to common form and the Antient Laws of the Colony to them known
think themselves secure not dreaming of this Act of which they never
had notice.

Fourthly, Should all New Acts of the Parliament of England be of
force obliging and binding to the Inhabitants of Virginia before pub¬
lication or Notice thereof given to them not only our Estates but Lives
and Liberties and whatsoever else is dear and precious to us would be
in Danger and might be forfeited and by us and we not knowing of
it nor by any possibility could know it which would be as is aforesaid
not only unreasonable but inhuman and would be such an example as
could not be found in the whole world no not in the most barbarous
parts of it for all which reasons these repliants saving and reserving to
themselves now and at all times hereafter the benefit and advantage of
further Replication do humbly conceive the said recited Act ought not
to be pleaded against the validity of the will of the said John to make
void the same and of this they demand Judgment and pray as at first
that the Lands of our sovereign Lord the King may be removed from
the said Two Thousand Two Hundred and fifty Acres of Land Whereof
the said John is found to have died seized by the said Inquisition as
aforesaid.

To the Right HonbIe Sir Henry Chickeley Knight his Majesty’s dep¬
uty Governor of Virginia and to the Honble Council of State.

The further Replication of Lewis Griffin and Lewis Burwell

The said Repliants for further replication say that notwithstand¬
ing any thing by the said Mr Wormeley in his Plea said or pleaded to
the Contrary the last Will and Testament of the said John by him made
and published as aforesaid is good perfect valid Sufficient and made and
proved in due form of Law and according to the Intent purport and

Executive Journals, Council of Colonial Virginia

483

true meaning of the said recited Act made the 29th Year of the Reign
of our sovereign Lord the King but now is Intitled an act for preventing
of frauds and perjuries by the said Mr Wormeley in his plea pleaded
for these repliants say that the said John being of sound perfect and
disposing memory minding and intending to make his Last Will and
Testament in writing and having waited several days for this Repliant
Lewis Griffin’s coming who (and no one else) he was minded should
write the same as during that time he often declared When this Repliant
Lewis Griffin was come he gave him directions for the writing the said
Will which the Repliant Lewis having accordingly done and the same be¬
ing audibly read to him the said John and by him well understood accord¬
ing to the meaning of the said Act three Witnesses were called and
present and desired to take Notice and in their Presence and in the
presence of divers others who being Legaties were not supposed so
good Witnesses The said John did according to the tenour of the said
Act Subscribe seall and deliver and publish the same as his last will and
Testament by which the said John had as much as in them lay performed
the Direction of the said Act and more he could not do lex non cogit
ad impossibiliara if none of the Witnesses would have subscribed it it
was not in his nor in any man’s power to compel them and yet the Law
will look upon this his Endeavour as if he had done it and such re¬
fusal as if they had actually done it And therefore Altho’ that true it
be that but two of the said three Witnesses did actually subscribe in
the presence of the said John according to the Letter of the said Act
Yet according to the Equity of the same Act (by which and not lit-
terally this Act must be construed and taken) the other that refused
is taken to have Subscribed and is as good a Witness to all intents and
purposes as if he had actually Subscribed in the presence of the said
John impotentia Excusat legem This Act as appeareth by the Title
was made to prevent not to abet fraud and to that purpose according
to the Rules of Law ought to be so construed as that no man that is
innocent and free from injury and wrong be punished and damaged by
a litteral Construction to Surpress Mischief and to advance its Reme¬
dies which should not be could it be taken laterally and be understood
as if the Testator must compel three Witnesses to subscribe in his
presence whether they will or no. this construction would quite con¬
trary create and advance mischief which could not have happened but
by this Act for otherwise no man would have been injured by this Will
none can or will Complain of it None are or could be debarred of any
Right thereby The Testator was no way indirectly wrought upon by
the Executors of [or] Either of them one of them not being with him all
the time of his Sickness and the other but a small time after often
being called and long looked for by the Testator on purpose to write
this will as himself often declared refusing to have any other to do it
so it cannot be supposed there was any fraud intended in making the
will but there might be a fraud intended in the Witnesses that refused
to subscribe the Will to hinder the making of it for he being a learned
Man and one whose profession is used to drawing of Wills and coming
lately out of England might have knowledge of this Act which few if
any in the Colony could know

484

Executive Journals, Council of Colonial Virginia

To the Honble Sir Henry Chickeley Knight and the
Honourable Council of State

The Answer of Lewis Griffin and Lewis Burwell Executors of the
last Will and Testament of Lieut Col° John Burnham deceased to the
petition of Ralph Wormeley Esqr

These Defendants say that true it is the said John Burnham by
his last Will and Testament in Writing under his Hand and Seal and
since duly proved in this honourable Court did amongst other things
give unto these Defendants and their Heirs for Ever all the Lands of
which the said John died seized and of the said Will made these defend¬
ants Executors which Will these Defendants carried to the next Court
held for the County of Rappahannock after the Death of the said John
in which County he died where by the Course of Virginia the said Will
ought to have been proved intending there to have a Probate thereof
for that the Witnesses of the said Will resided in the said County but
some of the Justices of the said Court informed these defendants that
the Right Honble Sir Henry Chickeley his Majesty’s Deputy Governor
had sent his precept to the Court requiring them not to proceed therein
he being inform’d that the said Burnham’s land escheated to his Ma¬
jesty whereupon these Defendants having good Cause to believe the
said information was given and the said precept so contrary to divers
Laws and Statutes in that case made and provided to be sent by the
Plantiff for that the Plantiff intended as appears by his own shewing
to obtain the said Lands for himself they these Defendants finding
themselves thus prevented and delayed of proving the said Will ad¬
dressed themselves to the said Court held for the County of Middle¬
sex where the greatest part of the Testator’s Estate lay but the said
Court of Middlesex refused to admit of proving the said Will for what
reason your respondents know not and referred the same to this Hon¬
ourable Court whereupon these Defendants finding themselves thus
delayed and knowing that Thomas Read one of the Witnesses of the
said Will being a Chirurgeon of a Ship was about to depart the Coun¬
try and that without his Testimony these Defendants should never
have been able to have proved the said Will They these Defendants
with their Witnesses made a Journey to the house of the Right Honbl®
the Deputy Governor there to have their Evidences sworn and taken
by his Honour but the Plantiff being then and there present and know-
. ing these Defendants purposes told these Defendants he would hinder
the same unless they would give him such a Bond as he had then pre¬
pared and ready drawn about him and tendered to these Defendants
which they these Defendants refusing to do as a thing unjust to be ex¬
torted from them he the Plantiff after much disputing in a threatning
manner told these Defendants if they would not seal the said Bond
they should not have their Witnesses sworn whereupon these said De¬
fendants knowing the power and Authority of the Plantif and that un¬
less these Witnesses were Examined these Defendants should never
have been able to have proved the said Will but utterly lose not only
the Land aforesaid but the Testator’s whole personal Estate by the
said Will to them given as aforesaid These Defendants for obtaining
their Right and Justice of swearing their Evidences and preserving

Executive Journals, Council of Colonial Virginia

485

their Evidence untill the next General Court which was denied by the
Plantif were forced to give the Plantif the said Bond in the plaint men¬
tioned wherefore these Defendants for Plea say that the said Bond on
which the said Plantif brings his Action being as aforesaid by the Pre¬
tence of Right unjustly extorted from and given by these Defendants
for obtaining the Justice and Right of having the Testimony of their
Witnesses preserved as aforesaid is by Law void and of no Effect and
of this they demand Judgement.

King Charles 2 by his Letters 4 August 32 Regm directs the Lord
Culpeper to acquaint the Assembly that he should give Orders for the
better management of the Quit Rents and requires him to return a
true State of them

Lord Anglesey Keeper of the Privy Seal, Bridgwater, Essex, Fau-
conberg, Henry Coventry, Henry Capel, Winchester, Worcester, Bath,
L Hyde, J Crute, H Powle, by their Letter dated 14 January 1679 ac¬
quaint Lord Culpeper that his Majesty had been pleased to appoint
them to be a Committee of his Privy Council for the Inspection and
Management of all Affairs relating to the Foreign plantations, and
direct him and the Council to transmit unto them Quarterly a partic¬
ular Account of all matters of Importance whether Civil Ecclesiastical
or Military which shall concern this Colony and more Especially what
shall be proposed debated or Concluded in the Council upon the fram¬
ing and perusing of Laws and the present State of the trade and the
Obstruction in the Course thereof, and this Account to be sign’d by
the Governor and Council.

May 4th 1681. The Council acquaint their Lordships that what
their Lordships required had been annually transmitted to the Sec¬
retary of State that the Lord Culpeper had carried exact Coppies of
the Laws past when he was here, that the Assembly had lately repre¬
sented the State of trade of the Colony, to which they could add noth¬
ing, but that it was in a more declining Condition.

The Council write to the Lord Culpeper and acquaint him with
this Letter and desire his Lordships Intercession for a cessation of
planting Tobacco and tell his Lordship how the inhabitants complain
of the Soldiers being quartered upon them and refuse to receive them
and desire that they may be paid off.

Sir Henry Chickeley prorogues the Assembly from 15 February
1681 to 18 April 1682 Commissioners Treasury 30 November 1681
Signifie his Majesty’s Orders for paying of the two foot Companies
according to a Schedule annext and 3747 lbs. 6 shillings 8 pence sent
over to Sir H Chickeley Nich Spenser Nath Bacon Philip Ludwell or
any three of them.

King orders Sir Henry Chickeley not to call any Assembly until
the 10 November 1682 Lord Culpeper being directed to repair to his
Government within a few Months dated 20th January 1681.

Sir H Chickeley issues a proclamation to prohibit all Riotous and
tumultuous meetings on account of plant cutting in Glocester. May

3 1682. . . .

Orders the Commanders of the Counties to raise the Militia to
Surpress these Riots in New Kent.

486

Executive Journals, Council of Colonial Virginia

By another proclamation dated 12 August 1682 declares unlawful
Assembling to cut up pull up or otherwise destroying Tobacco Plants
to be open Rebellion in the Actors thereof and the penalties inflicted
by the Statute 13 Henry 4. upon Justices of peace who do not their
duty in Surpressing Riots and upon such who refuse to assist the Jus¬
tices and further declares that all persons who shall hereafter assemble
in like manner shall be deemed and prosecuted as Rebels.

Calls an Assembly 18 April 1682 and directs a new Election for
such Members as are dead by proclamation dated 1 March 1681

Then receiving the King’s said Order by proclamation dated 29
September 1682 dissolves that Assembly and Summons another 10
November 1682 Dec 23. 1682 Lord Culpeper issues a Proclamation to
all Sheriffs to issue the King’s in their Respective Counties

31 January 1682 Issues a proclamation for raising the price of
foreign Coin by the King’s Instruction bearing date 27 January 1681
obtained upon the Address of Assembly 1680 French Crown, Rix
dollar, piece of Eight — 6s half pieces — 3 s. J4 pieces at 18 d. the New
England Coin at 1 and at that value to be paid and received. Except
for the 2 s per hhd Quit Rents and other duties payable to his Majesty
and debts contracted for Bills of Exchange and declares that Money
tendered at that Rate shall be deemed a Sufficient tender 31 January
1682 by proclamation commands all Church Wardians to return to
the Secretary’s Office an abstract of their Levies

Secretary Spencer by Order of Lord Culpeper writes to Captain
Terril Commander of his Majesty’s Ship Mermaid to deliver a Servant
of Mr Tod by him received on board upon pay. Tyrrel answers he
will be accountable to the Admiralty for that he deserted the King’s
Ship Orange Tree and was brought over a Servant to Virginia February
23d 1682. 24 Feb. 1682 Lord Culpeper commands the Sherif of York
to go on board Captain Tyrell and to demand and receive this Servant
and bring him before the Governor and Council.

January 10. 1682. gives Order for the Rigourous prosecution of
the plant Cutters pursuant to his Majesty’s Commands

January 11. 1682. Makes Speech to the Council and acquaints
them that his Majesty expects to receive from them an Account of the
Government since his departure out of it Anno 1680 particularly as to
the Stoping of Ships upon pretence of the late Act about making the
calling the Assembly last April the Occasion Rise Growth and progress
of the late Insurrection Commotions about Tobacco plants destroying.
The present true State of the Country — the best Manner of Managing
for the future.

Orders made by King Charles 2 d 21 December 1681 in Council
whereas he was pleased by his Instructions dated December 1679 to
direct the Lord Culpeper to signifie his Majesty’s high resentment of a
Seditious declaration made by the Assembly of Virginia during the
Government of Col0 Jefferies whereby they set forth that his Majesty’s
Commissioners haying called for and forced from the Clerk of the As¬
sembly all the Original Journals of the Assembly which power they
suppose his Majesty would not grant them for that they find not the
same to have been practiced by the King’s of England and did therefore

Executive Journals, Council of Colonial Virginia

487

take the same to be a Violation of their priviledges desiring withall
Satisfaction to be given them, that they might be assured no such Vio¬
lation of their privileges should be offered for the future To the End
therefore that such unwarrantable proceedings of the Assembly may
not be a president hereafter and seem to have his Majesty’s Allowance
he declares that as he is graciously pleased to pardon the persons offend¬
ing therein so he doth wholly disapprove the said Declaration and
directs that not only all Record to that Effect be taken of the File and
rased out of the Books in Virginia and Signifies his Royal pleasure to
the Lord Culpeper to propose a Bill in the nj:xt Assembly condemning
the said proceeding and declaring the Right of his Majesty and his
Officers to call for all the Public Records an^ Journals whenever they
shall thing it necessary for his Royal service.

June 17. 1682. Upon the petition of Thomas Sands of London
Merchant and the Lord Danby High Treasurer thereupon his Majesty
was pleased the 24. of May 1678 to give Liberty to the Petitioner to
Ship out of Virginia free of the import of that Country five hundred
and Eighty Hogsheads of Tobacco for this Kingdom in lieu of like
Quantity which after payment of the Duty he Exported from thence
in the Year 1665 on the Wm and Sarah, which was taken by the Dutch
and utterly lost which Order having not been complied with the pe¬
titioner in July last again humbly petitioned his Majesty setting forth
his hard usage with the great Expence he had been put to in the prose¬
cution of this business and humbly praying to be relieved, his Majesty
was pleased to refer the same to the Right Honbl° the Lord Commis¬
sioners of the treasury who having reported their Opinion that the
petitioner should be allowed to ship that Quantity of Tobacco free of
Virginia duty — and the King approves the Report and orders the Gov¬
ernor of Virginia to issue all necessary orders and directions for allowing
the said import

Lord Culpeper 13th March 1682. issues a proclamation command¬
ing the County Courts to Summon Grand Jurys to make presentment
of all the Offenders against the Laws of this Colony but more especially
that strict Enquiry be made by the Grand Juries after the breach of
that most provident and necessary Law requiring Two Acres of Indian
Corn or one Acre of Wheat to be tended by Each Tithable and that the
Justices should return such presentment to the 12 day of the next and
afterwards to the fifth day of the General Court.

11 June 1682 Sir Henry Chickeley, Spencer, Bacon and Ludwell
certifie the Lords of the Treasury that they had paid of the 2 foot Com-

PanySheriff of York returns that Captain Tyrrel had refused to deliver
skevington’s servant but that Captain Rider s Boatswain oflers to pay

for him . f ,

13 March 1682 Lord Culpeper iissues a proclamation setting torta

that the Lieut Governor upon the first notice of the rising of Mutinous
persons in Gloster in a rebellious Manner forceably entering many
plantations and cutting up and destroying Tobacco plants had by
proclamation commanded such persons to separate and required a
his Majesty’s Subjects to be aiding and assisting to subdue and reduce

488

Executive Journals, Council of Colonial Virginia

these tumultuous plant Cutters which clemency not finding it’s de¬
sired Effect, did by another proclamation declare them Traytors and
Rebels who were afterwards suppressed by the Forces set forth for
that service but John Haley of Gloster supposed to be an Active con¬
triver of plant cutting stood bound for his appearance the fourth day
of November General Court did not Appear but absonded therefore
requires him to surrender himself and Offers 50 lbs. reward for taking
him

10 May 1682 Commands the Sherif of James City not to proceed
upon the Sale of goods of one Wm Morris taken by Virtue of an Attach¬
ment until he and the Council had a full information therein.

The Council make report to the Governor of the State of this Coun¬
try for three Years That his Excellency left Virginia in August 1680
leaving Sir Henry Chickeley Deputy Governor with Instructions
which were not made known to the most of the Council and the Gov¬
ernment went quietly on till the usual time of Shipping Tobacco in
the Year 1681 and then the traders were obstructed in their Traffick
under Colour of an Act of Assembly made in June 1680 which enjoyned
them to bring their Merchandizes to certain places and from those
places to lade all their Tobacco but several Masters and Traders not
finding any reception or Shelter for themselves or Merchandize did
absolutely refuse to comply with the Act and traded as they used to do
for which they suffered much inconvenience and Trouble the prose¬
cution being chiefly managed by such persons and their Instruments
who had a particular regard to their own Interests whereby trade was
greatly discouraged and the best part of the Country dissatisfied After¬
wards the same persons insinuated with the Easy sort of people how
advantagious an Act for a cessation of planting for one Year — Many
people in 3 or 4 Counties sign a petition to the Governor to call an As¬
sembly for that purpose which were favourably thereupon Summoned
without Advice of the Council to meet in April 1682 which met ac¬
cordingly but after some time spent in fruitless debates were dissolved
and another Summoned — Then many persons in New Kent, Gloster
and Middlesex petitioning Counties fall to cutting up Tobacco plants
to prevent which the Deputy Governor issued several proclamations
the chief Actors being inconsiderable people they forbore prosecution
hoping that time would discover the Authors and Contrivers of this
Scheme

1 he present State of the Country is Extreamely poor — people not
able to buy common necessarys whereby they are led to believe all
Suggestions how impeacheable soever — at peace with the Indians but
Obliged to keep Forces in pay to prevent Sudden Mischiefs propose
that the Indian’s Trade should be confined and by the directions of
his Majesty put into the hands of one or two persons, Men of Integrity
and Ability for 5 Years, and they to pay for the same towards support¬
ing the Government — That no Indians should be Slaves That the
Bounds of the Country may not be encroacht on as had been attempted
by the Government Carolina and Lord Baltimore. They purpose for
lessening the Quantity of Tobacco that none should be planted after
the 24 of June and that Maryland may be under the same restriction

Executive Journals, Council of Colonial Virginia

489

and for the better Security of the Country that a Garrison and Sixty
Soldiers may be maintained which would prevent disorders or suddenly
suppress them — they supplicate his Majesty that he would for the
Security of the Country direct that a Man of War Ketch with 12 G
and 40 Men be appointed to attend upon the Government whereby
many frauds in exporting Tobacco to the plantations might be pre¬
vented That whereas his Majesty had granted all the Southern part
of the Colony’s Quit Rents to the Lords Arlington and Culpeper for a
Certain term of Years, that his Majesty would be pleased to give those
Noble Lords something in Lieu and appropriate the Quit Rents to¬
gether with all Escheats to the use of the Government. That his Ma¬
jesty would be pleased to take under his Royal consideration the Act
for Towns and Signifie his Will and pleasure to the next Assembly
And whereas there are many contingent Charges which are to be paid
for the Support of the Government by the Assembly there being no
standing Revenue to discharge the same and the Burgesse’s wages and
their Officers Salaries commonly Exceed the Publick Charge therefore
they propose that his Majesty will be pleased to direct the General
Assembly that some more easy method may be settled for discharging
the publick debts and to provide that the Governor and Council be
impowered to raise 20 lb Tobacco per poll for paying the publick Debts
and the Tobacco so Levied to be accounted for to the next Assembly
which would be no greater power than the Justices have in every County

Signed

Robert Smith Nicholas Spencer

Joseph Bridger Nathaniel Bacon

Philip Ludwell William Cole

John Page Richard Lee

William Byrd

May 9. 1682 It is the Opinion of the Board that Robert Beverton
[Beverley] hath been Eminently Instrumental in the late Commotion
by Stirring up Information upon the Act of Cohabitation also by set¬
ting on foot petitions for an Assembly and from thence giving assur¬
ances of a Cessation by which the Inhabitants have been provoked to
the present disorder there he is ordered to be committed a prisoner by
the Sherif of Middlesex under safe custody on board the Duke of York
there to remain till further Order.

May 19. Several persons ordered to be taken into Custody for
uttering Words tending to encourage plant cutting till they give se¬
curity. ...

May 25 Others ordered to be brought up to be proceeded against

for plant Cutting , _ ,

May 26 Others ordered to be kept in prison till the next General
Court. Ralph Wormeley Esqr Mathew Kemp anh Christopher Worme-
ley ordered to seize the Assembly papers in the possession of Robert
Beverley and to break open doors if they are refused Robert Beverley
ought to be delivered by Capt. Purvis upon Purvis’s petition Com-
mander of the Duke of York to Captain Jeffries Commissioner of the
Concord and a Guard appointed to keep him till further Order.

490

Executive Journals, Council of Colonial Virginia

Several plant Cutters discharged giving Bond for their good Be¬
haviour

June 15 Robert Beverley, ordered to be sent prisoner to the East¬
ern Shore and to be conveyed by the Sherif of York and a Guard on
board Col° Custis’s Sloop and delivered to the Sherif of Northampton
and the Sherif of York to return with the Guard and press any Sloop

June 19. Robert Beverley having escaped out of the Custody
of the Sheriff of York from on board Col° Custis his Sloop where he was
kept in Order to be sent over to Northampton and being again taken
at his House in Middlesex he is Ordered to be safely conveyed to James
City and to be brought before the Governor and Council to receive
such further Order as shall be found expediant He is again ordered on
board Col° Custis’s Sloop and to be transported to Northampton and
the Master Ordered to receive him June 25.

Henry Jenkins Ordered to be brought before the Council for speak¬
ing opprobrious Words to John Page a Member of the Council and
Otho Thorp a Justice of Peace and committed till he give Bond for his
good Behaviour.

June 20th Several Plant Cutters pardoned upon their petitions

June 21. The Council Orders one Threader a Plant Cutter to pay
450 lb Tobacco or 20 Shillings to one Hurd for bringing him up and
if he refuse Execution to Issue; and the same order is made against
another.

July 8 Wm Dyer forbid to correct his servant Richd Rogers and to
enter into Bond not to do it. another person comitted till he enter
into Bond for his good Behaviour for speaking dangerous Words.

September 25 1682 Robert Beverley petitions for a hab. Corv. to
be directed to the Sheriff of Northampton, which was denied, the whole
proceeding being transmitted to his Majesty and his pleasure not yet
known

September 30 A Committee of the Council appointed to Examine
plant Cutters and to make such order concerning them as they should
think fit they meet and bind several of them over to the General Court
and Council others till they give security for their good Behaviour

November 11 1682. Major Beverley being under vehement Sus¬
picion of being instrumental in stirring up the people in the last Out¬
rages of plant cutting and having being committed to the Sherif of
Northampton till the King’s pleasure is known and the Board having
represented the Matter to the King and the Arrival of the Lord Cul¬
peper being Daily expected with the Signification of the King’s pleas¬
ure therefore to proceed upon the Charge against him wou’d speak
want of duty to his Majestyand respect to his Excellency and the board
being informed that the said Beverley was at that Juncture at large
which might prove inconveneint They order him to be taken into Cus¬
tody of the Sherif of James City who was ordered to transport him
back to the Sherif of Northampton by him to be kept untill he be re¬
manded thence by Order of the Board

John Story chief Mate of the Golden fortune petitions the Gov¬
ernor and Council setting forth that the Master of the ship was dead
and that one Nerrey had taken upon him the command by appoint-

Executive Journals, Council of Colonial Virginia

491

ment praying he may be admitted to the command being Entitled to
it by the Laws of Oleron, and the board Order the Books and papers
of the Master to be examined and depositions of Witnesses to be taken
in Order to reconcile this Matter

16 November. Robert Beverley being detained on this side the
Bay by contrary Winds is ordered to be committed to the Sherif of
York by him to be kept in such a place as he shall think fit till he should
be thence remanded.

November 22. Philip May being summoned to appear before this
board for spreading several false reports tending the disturbance of the
people appeared and confessed the Matter but that another had told
him the story whose name he cou’d not remember and the Board con¬
sidering the Case and the Act of Assembly had out of their clemency
mitigated the fine and ordered him to pay five hundred pounds Tobacco
to H Owen and to pay a Witness for his Attendance

November 27. The Sheriff of James City ordered to receive a
Criminal committed for murder from the Sherif of Isle Wight.

Several plant Cutters remanded back to Gloster there to remain
in Custody till they enter into Bond with security for their good be¬
haviour and the Sherif of James City ordered to convey them and to
press boats for that purpose

The Governor and Council order Captain Christopher Morgan to
deliver all goods brought in by him for one Sam1 Blades deceased to be
secured for the Creditors the 9 Months not being expired which the
Law requires before administration shall be granted.

They order Owen March to deliver all Books and papers belonging
to Argol Yardly deceased to his Widow Sarah Yardly, It being the
Opinion of the board that the keeping the Books & c from the Widow
might occasion great ruin to her Husband’s Estate and no ways keep
the Court of Northampton indemnified from any trouble occasioned
by the Neglect or deceit of the said Yardly in the time of his Shrevalty,
and they ordered that she should give Bond and security to indemmfie
that Court from all troubles causes suits costs or causes of Suits what¬
soever by reason of the said Argol Yardley not discharging the Office
of Sherif of the County in the Year 1681 as the Law required

December 13. 1682 John Sackler a Notorious plant cutter par¬
doned upon his giving Security to build a Bridge over the Dragon
Swamp and to keep it in repair for 21 Years

The Governor and Council give Judgment for the Condemnation
of sundry Cask of Buck and Doe Skins Shipt on board the Ship Dol¬
phin by John Herbert amounting to 1876 Contrary to the Act 1680
and Order Herbert to pay the penalty of the Act. _

January 10. 1682. Lord Culpeper is present in Council with Sir
Henry Chickeley and others of the Council and lays before them the
King’s Instructions about plant Cutting and thereupon Ordered that
Somerset Davis John Cockin Bartho. Austin and Richard Bayley be
forthwith committed for high Treason and tried the fourth day ot next
Court and the Attorney General ordered to do his Duty consideration
was had about Robert Beverley and found that it could be proved
against him —

492

Executive Journals, Council of Colonial Virginia

That he had broke up publick Letters directed to the Secretary’s
Office with the Writs enclosed for calling the Assembly in April 1682
and took upon him the Exercise of that part of the Government which
belongs to the Secretary but contrary to his

Sir H. Chickeley affirming that the same was done without his
privity order or Consent

That he had made up the Journal and inserted his Majesty’s Let¬
ters therein being first communicated to the House of Burgesses at
their prorogation after their said prorogation.

That he refused to deliver Coppies of the Journal of the House of
Burgesses 1682 to the Lieut. Governor and Council saying he might
not do it without leave of his Masters

Governor and Council order Peter Perry to take Care of the Es¬
tate of Daniel Park Esqr one of his Exectors being dead in this Country
and the other haveing renounced the Executorship until Orders given
by the Executors in England

January 31. 1682 John Wilcox Mariner petitions the Governor
and Council setting forth that he was appointed Master of the Ship
Lyon of Cork by the owners of the Ship with advice to follow the di¬
rections of Edward Bab owner who had displaced him & praying
to be restored the board not being willing to make Orders

Order Bab & Clay the New Master to appear at Greenspring on the
5th day of February next before the Governor and Council at which
time and place the difference should be determined and Justice done

Forasmuch as by the 13 Cap. of the Statute of Gloster It is pro¬
vided that after such time as a plea shall be moved in any Court by
writ the Tenant shall have no power to make any wast or
of the Land in demand hanging the plea, and if he do the Court in
which the Question depends shall cause it to be kept at the Suit of the
Demandant and whereas there are Several suits depending in the Gen¬
eral Court between Colo. Lewis Griffin Major Lewis Burwell Plan-
tiffs and Ralph Wormeley Esqr Defendant about the Title of what
Lands Col° John Burnham died seized and the 5th day of the next Gen¬
eral Court being appointed for the final determination of the same the
Sheriff of Middlesex is commanded to see the said fully observed by
going personally to the Messuages and Tenements of which the said
John Burnham died seized

Edmond Jennings his Majesty’s Attorney General presented a
petition to the Board setting forth that in the late unhappy Rebellion
there were several persons convicted of high Treason by which their
Estates were forfeited and that since that time several other Fines
and forfeitures are become due to his Majesty of which no care hath
been taken, and likewise hitherto all information, upon the breach of
any penal Law that have been brought in the General Assembly
General Courts or County Courts by the Informers without his
knowledge advice or Consent, which being considered, It is Ordered
as to the 2 first points it being a Neglect of the King’s Interest that
the Attorney General or his sufficient Deputy to seize all forfeited
Estates and to levy the Fines and other forfeitures and as to the
last Point the practice complained of being found to be contrary to the

Executive Journals, Council of Colonial Virginia

493

known and regular way of proceeding in the like regular Cases in Eng¬
land It is ordered that thereafter no Information whatever be admitted
or prosecuted in any Court of Record in this Colony without the knowl¬
edge advice and Consent of the Attorney General or such other dis¬
creet person as he shall impower and appoint to manage the same.
And that such person or persons as he shall appoint return under their
respective hands a particular account of all Fines and forfeitures & c

to the said Attorney General •

February 21. 1682 John Buckner called before the Lord Culpeper
and his Council for Printing the Laws of 1680 without his Excellency’s
Licence and he and the printer ordered to enter into Bond in 100 lbs.
not to print any thing thereafter until his Majesty’s pleasure shall be
known

Davis and others plant Cutters petition the Government setting
forth the Hardships they undergo in prison.

Charles 2d by his Lettre dated 10 December 1682 declares his
pleasure that in the Absence of the Governor in Chief, one half of the
salary and of all the perquisites and Emoluments whatsoever, should
be paid to the Lieut Governor or Commander in Chief out of the Rev¬
enue of 2 Shillings per Hhd upon Tobacco. ,

March 13 1682 Lord Culpeper Communicates the King s Order
in Favour of Thomas Sands to the Council to which the Council
Answers and desire the Governor to represent to his Majesty that the
Allegations and Affidavits of Mr Sands of the usage of Virginia for re¬
allowing the Country duty of two Shill per hhd upon Tobacco in case
of Losses by Capture or otherwise are wholly mistaken and the Matter
of Fact very wrong Represented to his Majesty for that was never
promised, but once many Years by one of the Collectors here by mis¬
take, and the constant usage of Virginia was before and hath been ever
since quite Contrarv besides which there are many of his Majesty s good
Subjects both here' and in England in the like Condition whose Cases
will be full as hard and the Merits as great as that of Mr Sands who out
of Modesty would not disturb his Majesty and Government with un¬
necessary Clamours, but will at least reasonably expect the same Lib¬
erty, whereby great Sums will be issued and the Revenue totaly ex¬
hausted for which reasons they hope his Majesty will be fully satisfied
and they desire his Excellency to suspend the Execution of the Order

The Council Unanimously acquaint the Governor that it hath been
always the Custom of Virginia for the Sherif of James City County to
impanel Grand Juries of the most able and discreet Men in Town and
that the Grand Juries were Never returned Summoned out ot any per-
ticular County therefore they advise the Governor that the same
Method may be observed in the Trial of the present Criminals.

April 16 1683 Mr Henry Whiting called before the Lord Cul¬
peper and Council and accused that he had in the Session of Assembly
1682 said if Care was not taken to make a cessation we must all go a
plundering with other such like which being proved by One Witness
the Board Orders that he be suspended from exercising any office Civil
or Military till his Majesty’s pleasure be known to whom the accusation

494

Executive Journals, Council of Colonial Virginia

should be transmitted and that he enter into Bond with good and suffi¬
cient Security for his good Behaviour.

April 16. Lord Culpeper’s Commission being dated November 27.
1682.

May 22 d 1683. Ordered that no Patents be thereafter granted
for Lands in the Northern Neck the same being Granted by his Majesty
to several patentees and whereas the Estate of Edward Husband con¬
victed of Murder and executed was granted to his Widow which was
irregular (All fines Forfeitures & c being granted to the said Patentees)
But at the Desire of the Council the Lord Culpeper Confirms that
Grant, so as no disposal be thereafter made by that Board of any thing
granted to the said patentees

May 22. Lord Culpeper issues a proclamation publishing his
design suddenly to repair to England to his Majesty’s Royal presence
to render him an Account thereof and declaring that by his patent and
Instructions the .Council of Virginia in his Absence are to take upon
them the administration of the Government and the Eldest Coun-
cellor to preside in the Council with such power and preeminences as
any former president hath used and enjoyed until his Return or his
Majesty’s pleasure known therein. And that the Execution of these
powers and Execution of the Authorities therein contained as in the
President and Council and that Secretary Spencer is President there¬
fore requires all due Obedience to them

May 22 his Lordship issues another proclamation declaring that
whereas many evil disposed persons Inhabitants of this Colony con¬
trary to . their duty and Allegiance on the first day of May in the 34th
of the King s Reign and since tumultuously and Mutinously assembled
and gathered together Combining and presuming to reform this Gov¬
ernment by cutting up Tobacco plants and to perpetrate the same in a
traiterous and rebellious Manner with force and Arms entred many
plantations resolving by open force a General and Total destructions
of all Tobacco plants to. the hazarding the Subversion of the whole
Government and the Ruin and destruction of his Majesty’s good Sub¬
jects if they had not been timely suppressed for which Treasons and
Rebellions against his. Majesty and this Government some Notorious
Actors had been Indicted Convicted and Condemned and Suffered
such pain and punishment they deserved for their Treason and Rebel¬
lion and for as much as many people had been seduced from their Al¬
legiance by the Specious tho false pretences of the designers and Con¬
trivers of those Crimes Misdeeds Treasons and Rebellions who had
®incje their Sorrow by their Doleful demeanor therefore he

declares that every who had engaged with or adhered to these Trait¬
erous and Rebellious plant Cutters in the Year 1682 first taking the
Oath of Allegiance mentioned in the Act of Parliament 3° Jacob before
2 J ustices of the peace whereof one to be of the Quorum or in Open
Court shall be pardoned and forgiven all the Treasons and freed from
all punishments and forfeitures for or by reason of the same except
Richard Bayly lately convicted and condemned for the same John
Haley Henry Inman and John Wise who are fled not daring to abide
their Legal trials Robert Beverley John Suckler and Thomas Amis.

Executive Journals, Council of Colonial Virginia

495

May 23. 1683 There being two of the Council dead since the
Lord Culpeper’s Arrival Viz* Col0 Kemp and Sir Henry Chickeley And
Col° Custis being unable to attend by reason of Sickness and Major
General Smith and Col° Ludwell being in England John Lear is sworn
one of the Council

It is proposed that his Majesty be supplicated to allow his Attor¬
ney General 20 lbs. Yearly out of fines and Forfeitures since 1680 he
being allowed nothing from the Assembly for his Service since that and
so forwards and the Governor and Council allow him 20 lbs. out of the
2 s per hhd for his Extraordinary Service last Year

Auditor Bacon Ordered not to pay any sum exceeding 5 pounds
besides the Governor’s dues, the Councillor’s Salary money and Mr
Blathwayt

Thomas Amis Ordered to give Security to appear at the General
Court to answer such things as shall be objected against him

Somerset Davis and Bartholomew Austin being convicted of
Treason and expected [executed] the Council declare that their Es¬
tates ought to satisfie all fees and they order that the Sherif of Gloster
pay Edward Chilton 4300 lbs. Tobacco and Cask being fees justly due
to him as Clerk of the General Court and the rest to be paid to Auditor
Bacon for the use of his Majesty and the defraying other publick
Charges.

Lord Culpeper Communicated to the Board an Instruction from
his Majesty which directed and Appointed that no Appeal should be
permitted from any Order of the Governor and Council to the Assembly
as formerly and usually, nor to his Majesty in Council (a Rule futurely
to be observed) under the value of 100 lbs. Sterling the Council unani¬
mously return his Majesty most humble thanks for his Care therein
and withal most humbly propose having duly considered what great
inconveniences Appeals have and may produce by constraining several
honest and Indigent persons to be deprived of their just Rights and
dues until the appeals be determined which in all probability cannot
be expected in less time than a Year that his Majesty would be pleased
to Order that no Appeal be Suffered or allowed from an Order of the
Governor and Council under the Value of 200 lbs. Ster.ing and that
immediately Execution may issue on the aforesaid Order of the Gov¬
ernor and Council if desired before his Majesty’s Determination and
that the Appelant give Bond with good Security for the payment of
the Judgment with double damages if his Majesty confirmed the Judg¬
ment And it is further proposed that his Majesty should Order proc¬
lamation to issue signifying his Will and pleasure that all Appeals from
the General Court depending before the Assembly should be heard
before the Governor and Council.

The Governor commands the Council to return their answer to his
Majesty’s Letters and Inquiries reminding them of their Neglect. And
upon reading their Answer was dissatisfied that they desired his Ma¬
jesty to direct all Escheats & c towards the Support of the Government
saying his Majesty had by his Letters patents confirmed the said to
his Excellency commanding the Council in his Majesty’s Name that
if he had in the least misbehaved himself in any respect in his Gov-

496

Executive Journals, Council of Colonial Virginia

ernment since his Entry thereon that they would represent the same
to his Majesty.

May 29. 1683 Lord Culpeper issues Commissions to the Sherifs
to receive one Years Quitrents and to require the Sight of every Per¬
son’s patents Deeds and Conveyances and when received to pay the
same to Secretary Spencer and also to produce to Mr Auditor Bacon
on the Second day of April General Court a Compleat [rent roll?] with
Mr Secretary’s Receipt for the Quitrents

The Act (disapproved) for Towns, by the Lords of the Commit¬
tee for trade and foreign plantations upon a Report from the Com¬
missioners of the Customs that it was impracticable and they propose
that it should be refered back to the Lord Culpeper and be taken into
Consideration by the Council and Assembly of Virginia in Order to
the framing such an Act as might be more practicable and useful a^d
not prejudicial to his Majesty’s Custom and that in the mean time
such part of the Act as concerns the time wherein the same is to take
place as to the Landing of goods and Shipping Tobacco be immedi¬
ately suspended until his Majesty’s further Order which Report his
Majesty approved in Council december 21. 1681

Captain John Custis on behalf of the parishoners of Hungaries
parish summon’d the Church Wardens to appear the Second day of the
General Court for breach of the Laws and canons of the Church of
England for continuing Church Wardens beyond the time limitted by
the Canons and for removing the Church without the consent of the
parish and the Defendants appeared and objected to the process it not
being entered into the Secretary’s Office and therefore prayed the Suit
might be dismist to which the Complainant replied that the process was
lawfull the Governor’s Citation being sufficient in parochial and Chruch
Affairs he having the same power and Authority in this Colony in Eccle¬
siastical Affairs as any Bishop in England hath in his Diocess And this
Matter being seriously considered and Maturely weighed the Council
are of Opinion that the process was good and the Governor only head
of the Church and therefore sole Judge in all Ecclesiastical parochial
Affairs and that the Council have nothing to do in it Whereupon the
Governor desires the Assistance of the Council and Orders an Examina¬
tion of Witnesses in the Country.

June 11th 1683
Nicholas Spencer President

A Sloop maintained at the Charge of the Country commanded by Roger
Jones.

September 17. 1683 A Meeting of the Council about the Seneca
Indians Rangers appointed

Lord Effingham appointed Governor of Virginia by patent dated
28 September 1683 published April 15. 1684

September 29. Joanna Hardy convicted of Murder repriev’d she
being with Child

November 22 1683 Col0 Byrd sent to treat with the Senecas in
Pamunkey Neck.

Executive Journals, Council of Colonial Virginia

497

November 29. 1683. Whereas on the 13 of March 1682 his Excel¬
lency Lord Culpeper and Council to preserve the dominion of the
water as the best and only means to prevent all commotions Tumults
and disturbances on Land and to secure the trade against pirates fitted
and Equipt a Sloop mounted with Guns and Men to cruise about the
Capes (at their Charge) till his Excellency’s return which Vessell not
answering the Expectation and Design the Sloop is paid off and dis¬
charged.

Many incursions made by the Northern Indians during this Presi¬
dentship * * *

February 21. 1683

Lord Howard sworn Governor and his Commission published
Issues a proclamation to continue all persons in their Offices.
Summons an Assembly to meet 16 April 1684

Charles the Second by the grace of God King of England Scotland
France and Ireland Defender of the Faith & c To our Right Trusty
and well beloved Thomas Lord Howard of Effingham Greeting;
Whereas by an Inquisition taken in our County of Middlesex the Six¬
teenth day of August last past in pursuance of our Commission bearing
date the second day of the said Month and now both remaining upon
record in our high Court of Chancery, It appears, that Thomas Lord
Culpeper has forfeited the Office of our Lieut, and Governor General
of our Colony and Dominion of Virginia and all his Rights, Estate,
Title and Interest therein with the Sailary and Perquisites thereunto
belonging which now remains in our hands to be disposed of, And we
being willing to give all protection and Encouragement to our Subjects
within our said Colony and Dominion of Virginia in America, and to
provide in the most Effectual Manner for the Security and good Gov¬
ernment thereof, Know Ye therefore & c.

Sarah Blands Commission read together with his Majesty’s Order
in Council commanding the appearance of Col° S‘ Leger Cod and Anna
his Wife before his Majesty in Council to answer the Complaint of
the said Sarah Bland— ordered that S* Leger Cod appear personally
before the Governor and Council then and there to answer the Suit
petition and what else shall be objected against him by Mrs Bland.

King Charles 2d 12 day of March 1683 in the 36th Year of his
Reign issues a proclamation to this Effect. Whereas the Safeguard
and protection we owe to such of our Subjects and to all others in
League and Amity with us as pass and repass the Seas belonging to
these our Kingdoms hath always been a part of our Royal Care and
Concern and we find that the freedom and Security of Commerce and
Navigation to and from our ports in time of hostility between our
Neighbour princes hath been much disturbed by the piratical prac¬
tices depredations and insolencies of private men of War and others
pretenting Commission for the present Hostilities we have thought
fit by the Advice of our privy Council after an Exact View first taken
of the Rules Ordinances and Provisions made upon the like occasion
by our Royal progenitors and ourself to receive satisfy publish and
Ratify and Establish to all the World these Rules following

498

Executive Journals, Council of Colonial Virginia

1 That no force Violence surprize shall be done therein from any
Ship to another who happen to be in hostility in our ports but their
shall be an inviolable truce and cessation from all hostilities and the
Ships of all JMations in those parts be reputed under our immediate
protection — the goods of aggressors to be confiscate.

2 Men of War forbid to rove so near our Coasts as to give any
occasion of fear to our Merchant Ships

3 d Where Ships of War of one party come into our ports— where
there are Merchant Ships of another party such Merchants Ships shall
depart two tides before the Ship of War and where two Ships of War
of Contrary parts happent to come into our ports they shall not go
out the same tide but those who are most likely to engage shall be de¬
tain’d two tides after the other

4 That Vice Admirals and all other Officers visit Ships Victuall¬
ing in any of our ports and detain such as they suspect going on any
other Voyages than trading and fishing Voyages.

5 Private Men of War Sailing by foreign Commission not to be
Suffered to sell any of their prizes in our ports but be Suffered to depart
peaceably unless they have the goods of Subjects and them to be re¬
stored to the Owners

6 Subjects forbid to trade or deal with any foreign Men of War
or other persons coming from Sea not being a known Merchant for
Wares Merchandizes Victuals Ammunition Tackle Furniture provi¬
sions or goods whatsoever not brought in by Course of Merchandize,
upon pain of forfeiting all such goods and Merchandize as bona pir-
atarum and of being further proceeded against as Abetters and Com¬
plices of Pirates.

7 Subjects forbid without licence to sail in any foreign Service
whether Martial or Merchant Service and all persons in such Service
Commanded to return upon pain of being reputed pirates and punished
as such

Apiil 15 1684 The Estates of Felons applied to pay the Attorney
General Clerk of the General Court Jurymen Sherifs and Evidences
and all other fees whatsoever.

April 29. Richard Bayly convicted of high Treason (at this Bar)
ordered to be executed.

May 9. 1684. Mrs Sarah Bland this day presented a petcon to his
Excellency and Council which amongst many other things Compre¬
hended that several Executions were lately levied on the Lands she
was justly seized of for Debts due from her Son Giles Bland and de¬
sired redress to which the Council unanimously offered their Opinions
that such proceedings were irreguear and contrary to Law and do
therefore adjudge and Order all Executions levied as aforesaid to be
Void and Vacated and do further Order that no Execution issue against
the Real Estate of Sarah Bland widow for debts due from Giles Bland
the Act of Assembly providing priority of payments to Country Credi¬
tors Extending it self solely to personal Estates

. Robert Beverley being found guilty of high Misdemeanors upon
a.n information per the Attorney General his Judgement being respited

Executive Journals, Council of Colonial Virginia

499

and now asking pardon on his bended Knees his Crime is remitted giv¬
ing Security for his good Behaviour

May 10. 1684 Lord Howard in Council Orders Capt Mathew
Rider Commander of the Ship Barnaby to deliver to Nathaniel Mac-
clanahan such Goods as he saved out of the Ship rose and Crown before
she foundered, as he shall make Oath did properly a.nd solely belong
to him before Capt. Clements took the same from him.

May 10. 1684 issues a proclamation permitting the Exportation
of Wheat and Meal

May 15. 1684 Edward Rawleigh appointed Ferry Keeper over at

James Town. .

May 19. Guard of the King’s Store at Middle plantation dis¬
banded.

June 17. Rangers appointed in the Frontiers
A Survey Ordered in a Cause depending in the General Court
Edward Alcock presents a petition to this Effect that by the last
Will of Henry Smith dated 15 April 1684 duly proved by the Oaths
of three Witnesses in Rappahannock Court the petitioner was appointed
and Nominated Co Executor of the Will with the Testators Relict Not¬
withstanding which by the Influence and prevalency of one of the
principal Members of the said Court it was the Judgment of that Court
that the Executors nominated by the aforesaid Will should be con¬
stituted only Administrators with the Will annext and it was likewise
the Judgment of the Court that Notwithstanding a Will duly proved
before them they had Sufficient Authority within themselves to con
stitute Administrators and to Constrain Executors to relinquish their
Right of Executorship upon which the board passed this Judgment that
Notwithstanding the said Will in few or no parts common sence Yet
seing the Intent of the Testator might Easily be collected from thence
And that each of the Testator’s Children may have the like and Equal
Advantage of their Father’s Will and the Eldest Son not only to be heir
of his Father’s Land, which consequently follows if the Order of Rapa-
hanock Court continue of force for a Will void for part is void for the
whole so the proceedings are set aside and the petitioner s allowed to

per^°Ordered that the King be supplicated that the Act for Cohabitation
mav be in force when houses are built. . .

The Act made the 20 of February 1676 Entitled An Act limitting
times for Receipt of publick Tobacco repealed by proclamation

Edmund Jennings Esqr Attorney General allowed 20 !bs. per Anum

out of Fines and forfeitures. . . . .. , T

Tune 18 1684 Issues a proclamation requiring all grand Juries to

make Inquiry into the Size of Tobacco Hhds and whether the same
be according to Law viz1 49 Inches long and 26 over the head.

Lord Howard issues a proclamation dedaring that whereas the
last General Court held in James City was on the 5th of May last ad¬
journed to the 20th September according to the 19 Act of Assembly
made in the Year 1662 ascertaining days for the ’ begmning .of .*e Gen¬
eral Court and forasmuch as at an Assembly held the 16th of Apnll last
an Act was made and passed whereby the days for holding the General

500

Executive Journals, Council of Colonial Virginia

Court are altered pursuant whereto the next General Court is to be
held the 15th of October.

Issues another proclamation prohibiting his Majesty’s Subjects
from trading, Harbouring or Corresponding with privateers 19th June
1684

19th June Issues another proclamation declaring his Design to
take a Journey to new York to make a peace with the Northern Indians
and that the administration of he Government was to be in the Coun¬
cil and the person first Named who was Nathaniel Bacon to be president
according to the Kings Instructions.

Issues a proclamation repealing Several Acts 19. June 1684

Virginia 55. By his Excellency

A Proclamation Repealing the five following Acts of Assembly.

Whereas his most sacred Majesty in Council was pleased to take
under his most Royal Consideration the following Acts of Assembly
of this his Dominion of Virginia Viz1 An Act made at an Assembly held
at Green Spring in Anno 1676-7 entituled an Act for laying parish
Levies An Act made in Anno 1677 at an Assembly held in middle plan¬
tation entituled an Act for Signing Executions on Judgments passed
by the grand Assembly An Act made at an Assembly held at James City
Anno 1683 entituled an Act prohibiting the Exportation of any Iron,
Wool, Wodfels, Skins hides or Leather An Act made at an Assembly
held at James City Anno 1683 repealing an Exception in the Ninth
Act of Assembly made in the Year 1664 is by this proclamation re¬
pealed and the Exception made in the Ninth Act of 1664 declaring the
Inhabitants of James City County to be lyable to arrests in the Gen¬
eral Court time continues and remains in force An Act made at an As¬
sembly held at James City 1683 entituled an Act repealing the Sixth
Act of Assembly of June 1680 about Attorneys the said Act of repeal
is hereby repealed and the Sixth Act of Assembly made at an Assembly
in the Year 1680 about Attorneys is revived and of full force and
Strength as when first Enacted All which aforesaid five Acts of As¬
sembly, his Majesty in his princely Wisdom hath found not only in¬
convenient but unfit to be longer continued and hath been pleased by
his Royal Instructions to direct and Command me Francis Lord
Howard his Majesty’s Lieutenant and Governor General of this Do¬
minion to repeal all and every the aforesaid Act and Acts of Assembly,
Pursuant Whereunto I Francis Lord Howard Baron of Effingham his
Majesty’s Lieut and Governor General of Virginia do by this Procla¬
mation in his Majesty s Name repeal and make void all the expressed
Acts of Assembly and every part and Clause thereof is from henceforth
repealed, made Void, and declared Null to all intents and purposes as
if no such Act or Acts of Assembly had ever been made and Enacted,
and I do by this proclamation in his Majesty’s Name, strictly Charge’
Command and require all Judges, Justices of the peace, Sheriffs and
other his Majesty s Subjects within this Dominion of Virginia to ob¬
serve keep and duly perform this proclamation of Repeal, which to-
the Intent it may be the better made known and have his due observ-

Executive Journals, Council of Colonial Virginia

501

ance all his Majestyes Sheriffs in their respective Counties are required
to make publication hereof at the first publick Convention at their
County Courthouse as also all Ministers in their parish Churches, And
whereas by this proclamation the Sixth Act of Assembly made in 1680
entituled an Act ascertaining Attorney’s fees is by his Majesty’s spe¬
cial Command revived and in the full Strength and Sense of an Act of
Assembly And it being thereby order’d directed and appointed that
no person whatsoever shall be admitted to practice as an Attorney
either in County Court or General Court but such as shall be first
licenced by his Majesty’s Governor and forasmuch as there are now
many causes depending in the County Courts and General Court under
the management of Several persons now practising as Attornies in
which to the Interest none concerned in the Causes depending or Ac¬
tions to be brought may want fitt and able attornies at Law to manage
their Causes I have thought fit by this proclamation to make known
and declare that during my intended short time of Absence from my
Government I have impowered and directed Mr Secretary Spencer to
issue forth Commissions of Attornies at Law to fitt and able persons
under such Considerations as I have given unto him; Given under my
hand and the Seal of the Colony this 19th of June 1684.

To the Sherif of Effingham

or his Deputy

God Save the King

Mrs Sarah Bland’s Case represented to his Majesty

Your Majesty in Council having taken under your Royal Con¬
sideration the Report made by the Honourable Lords of your Majestys
most honourable Privy Council appointed a Committee of Trade and
foreign Plantations, upon the Petition of Mrs Sarah Bland one of the
Executors of John Bland of London Merchant praying to be admitted
from divers Sentences given against her in your Majesty’s Court in
Virginia your Majesty was pleased in Council the third of August 1682
to command that a Coppy of Mrs Bland’s Petition, and the paper
th..reunto annexed, should be transmitted to your Majesty s Governor
and Council in Virginia with the Signification of your Majesty’s pleas¬
ure that the said S* Leger Codd and Anna his Wife be obliged to appear
before your Majesty in Council personally or by their Attornies suffi¬
ciently impowered on their behalfs to receive such Judgment upon the
Appeals as by your Majesty in Council shall be thought most agreable
to Justice, also ordering your Majesty’s Governor and Council to take
Care that as well the said Sarah Bland as Coll0 S1 Leger Codd and
Anna his Wife do give good and Sufficient Security to make their Ap¬
pearances as aforesaid; your Majesty was also pleased by your Order
in Council of the 26 April 1683 upon the Petition of the said Mrs Sarah
Bland setting forth that she had endeavoured all that in her lay to com¬
ply with your Majesty’s Orders, in finding Security here, but could
not without great difficulty, by the reason of the prevalency of Col°
Codd, and praying to be admitted to give Security in England, your
Majesty was pleased in Council to Order that the Clerk of the Council
in Waiting should take Security according to the said Order, both

502

Executive Journals, Council of Colonial Virginia

which said Orders of your Majesty in Council, Mra Sarah Bland in
person produced to your Majesty’s Governor and Council in your
Majesty’s General Court April 20. 1684 of which having begged leave
to make a recital to your Majesty We humbly Continue our Supplica¬
tion to your Majesty that we may by the Order of your Majesty’s
General Court of the 20th of April 1684 represent unto your Majesty
our ready Obedience unto your Majesty’s Orders upon the petition of
Mrs Bland, tho she did not nor could produce any certificate, that she
had given Security in England, but your Majesty’s Governor and Coun¬
cil in conformity to your Majesty’s Order did take it for granted that
the Clerk of the Council in waiting had taken Security, your Majesty
having commanded it, and thereupon Order Col° S* Leger Codd with
Anna his Wife to give such Security as Mrs Bland declared herself con¬
tented with. We likewise conceive it our duty humbly to lay before
your Majesty how unfairly your Majesty’s Council have been used by
the many untruths fallacious Allegations and pretended Affidavits
sett forth by Mrs Bland both in her petition and State (as she termed
it) of her Case thereunto annext which tho’ she well knew to be most
faulty, yet presumed to offer it to your Majesty for Truth, in her peti¬
tion confidently affirming that the most Material parts sued for were
adjudg’d against her Contrary to the Opinion of the Judges of your Ma¬
jesty’s Court of common pleas in England, applied to, and desired tby
mutual Consent; and in the like abusive and Scandalous Manner,
charges your Majesty’s Council with the Aggravations that your Ma¬
jesty’s Council here, should Say, that they were not to be directed nor ,
Obliged to give their Judgments according to the Opinions of the Judges
nor any others, but according to their own Judgments for evincing
those untruths and confronting the feigned Allegations and firmly
proving the Assertions in all Parts untrue and the petition and the
State of the Case thereunto annexed not less than a Libel against your
Majesty’s Council here We humbly Supplicate your Majesty would be
pleased to Admitt the Order of your Majesty’s general Court of May
1st 1680 (of which Mre Bland complains) to be considered Whereby we
hope it will appear your Majesty’s General Court before whom the
Cause was then depending did proceed therein according to the Right
Honble the Judges of your Majesty’s Common Pleas, and accordingly
gave Judgment in the Cause, all which is humbly submitted unto your
Majesty’s princly Wisdom, whereunto we your Majesty’s Council
humbly beg leave to appeal for such sentences against the said Mrs
Sarah Bland, as your Majesty in your great Justice shall find fitt to
decree.

I Sarah Bland Executrix of John Bland of London Merchant de¬
ceased do hereby Certifie that on this 20th of May 1684 I the said
Sarah Bland Qualified as aforesaid and Col° S* Leger Codd of this Col¬
ony both personally appear’d before his Excellency Francis Lord
Howard and his Majesty’s Council of Virginia in Order to the said Col°
S1 Leger Codd’s giving security pursuant to an Order of General Court
April 22. 1684. in Obedience to an Order of his Majesty in Council
commanding and requiring the said Col° S1 Leger Codd and Anna his
Wife either in person or by their Attorney to answer the Complaint of

Executive Journals, Council of Colonial Virginia

503

the said Sarah Bland as by the Petition of the said Sarah Bland at
large doth appear and to abide his Majesty’s and Council’s Determina¬
tion thereon; And whereas the said Col° S4 Leger Codd cannot procure
Sureties for four Thousand pounds Sterling, as I the said Sarah Bland
before his Excellency and Council demanded whereupon his Excellency
and Council to the intent as near as possible might they might have
Security answerable to the Intent of his Majesty’s Order in Council
and such as the Said S4 Leger Codd was capable of giving ha e Ordered
the said Col° S4 Leger Codd to Enter into a Bond for two thousand
pounds Sterling for his answering as by the Order of the King and
Council he is required and have for further Security Ordered that the
said Col0 S4 Leger Codd do also enter into another Bond for two thous¬
and pounds Sterling that he the said S4 Leger Codd will neither directly
or indirectly alienate or alter the property of the Estate now in the
possession of him the said S4 Leger Codd Formerly the Estate of Theo-
dorick Bland Esqr deceased until Sixth Months after the Determina¬
tion of his Majesty in Council in the Difference depending between me
the said Sarah Bland and him the said Col° S4 Leger Codd, with which
I the said Sarah Bland do hereby declare and make known that I am
fully satisfied with and Contented, as being all the Security I find the
said Col° S4 Leger Codd is able to give;

Witness my hand May 21. 1684

Sign’d and Seal’d Sarah Bland

in presence

Thomas Clayton.

Governor and Council Address the King Complaining of the Lord
Baltimore’s Government in Maryland they refusing a licence to a Mas¬
ter of a Merchant Ship lying in Nominy to take Tobacco out of Mary¬
land without entring his Ship and committing him till he entred his
Ship and that they claim their Bounds to the high Water mark on the
south side of Potomack.

30 July 1684. Lord Howard speaks to the five Nations at Albany
acquaints them that about Years before they had made a treaty
with the Agents for Virginia Col° Wm Kendall and CoPSouthy Little¬
ton which they had broke a Peace concluded.

Letter from King Charles the 2d dated 15 July 1684, 36° Regni to
Lord Howard to this Effect Whereas the Lord Culpeper had assigned
and Surrendered unto him all Right Title and Interest to certain Let¬
ters Patents bearing date 25 February 25° Regni whereby he demised
unto him and Lord Arlington all the Colony of Virginia and Accomack
with the Rents Quitrents fines and forfeitures and Escheats accruing
unto him from the premises and the same being now in Virtue thereof
and of a former Assignment of the Lord Arlington unto the Lord Cul¬
peper intirely in his Majesty’s hands he declares his Will and Pleasure
that publication thereof be made to his Subjects within the Colony of
Virginia and they be given to understand that his Majesty proceeded
herein with an Intent to apply all profits accruing thereby to the bene¬
fit and for the better Support of the Government of that our Colony
in such Manner as he should from time to time appoint therefore ns

504

Executive Journals, Council of Colonial Virginia

Majesty requires the Governor to impower the Officers of the Revenue
and such others as he should think fit duly to collect the Quit Rents
accruing from time to time according to the reservation of 2 Shillings
for every 100 Acres of Land and so proportionably for a greater or
lesser Quantity to be paid in Specie, in Money and not in Tobacco or
any Other Commodity but that the Subjects might with greater ease
comply with their Obligation to his Majesty. His Majesty is well
pleased that instead of English Money they may Answer what is due
to him is such pieces of Eight as are current in that Colony and as to
Escheats Fines and Forfeitures and other profits mentioned in his
Letters Patents his Majesty directs they be Satisfied according to the
Demise to the Lord Culpeper in the like pieces of Eight for every five
Shillings and because at that distance he could not direct the particular
Method of recovering those dues, the Governor is to proceed therein
as he should find most beneficial and to give him an Account of his
proceedings and that the Revenue arising from the Premises be not
disposed of nor suffered to be issued out Until upon certifying unto his
Majesty what shall remain thereupon in the Treasury he should Order
the same to be disposed of to such uses as shall be most requisite for
his Service

October 18th 1684. Rappahannock Court Justifie their proceed¬
ings and ordered to attend and the Clerk to bring Coppies of their
proceedings.

Col0 George Talbot in Custody in Virginia for the Murder of Mr
Rousby Collector of Patuxen in the Province of Maryland petitions
to be sent to Maryland to receive his Trial in Maryland where the Fact
was committed, see Capt Allen’s deposition

Virginia Ss

Capt. Thomas Allen Commander of his Majesty’s Ketch the Quaker
aged Sixty Years or thereabouts Sworn,

Sayeth

That about five of the Clock in the Afternoon on the 31 8t of Octo¬
ber 1684 Col0 George Talbot came on board his Majesty’s Ketch,
Quaker Riding two Miles above the Mouth of Potuxon River in Mary¬
land in a small Sloop with five Men and a Boy and asked if the Captain
was on Board and they answered I was on board and the said Col°
George Talbot came on Board and came running into the Cabbin and
as soon as Mr Christopher Rousby his Majesties Collector saw the said
Col0 Talbot he rose out of the Chair and desired the said Col0 Talbot
to sit down and we were at Supper and I never saw the said Talbot
before in my Life to my Knowledge and I desired the said Talbot he
would be pleased to Eat and the said Talbot’s Answer was to me that
it was his fast day and I asked him if he would eat any butter or Cheese
and he answered No and immediately Mr Rousby called him Col° Tal¬
bot and then I told him he was very Welcome for I had Commendations
from Col° Dungan of New York And then I took up the Cup and Drank
to the said Talbot and When Supper was Ended the said Talbot fell a
kissing of me and I Desired him to forbear for I was no Woman then
he gave me a blow on the Breast and a Box on the Ear and I said to

Executive Journals, Council of Colonial Virginia

505

him this Compliment was Something Coarse in half a Quarter of an
hour after the said Talbot came and kissed me again and then I put
him from me and he gave me another Blow on the Breast and Box
on the Year and then I told him I would not bear it any longer and the
said Talbot did say that he and I should not be friends till he and I did
fight on Shore and my Answer was to him for my King’s Interest I
would not refuse him and then the said Talbot did say that I was a
Stern and hasty Man as he did hear but he did not find any such thing
and he would have kissed me again but I would not let him and my
Answer was to the said Talbot that I was not stern to any man but for
my King’s Interest and the said Talbot wou’d drink the Lord Balti¬
more’s Health and I said with all my Heart so I began my Lord Effing¬
ham’s Health first but the said Talbot did swear that he would not
drink my Lord Effingham’s Health first but the Lord Baltimore s
Health first and I said then there should be none of your Healths Drank
and further I told the said Talbot that I would give the Lord Baltimore
as many Guns as he gave my Lord and the said Talbot told me that
the Lord Baltimore had as much to do with me as my Lord Effingham
had and I answered him no and I told him that all the Rivers in Mary¬
land were the King’s and all the Ships that are in Maryland under the
King’s Command Then Mr Rousby came into the Cabin from Smoak-
ing his pipe of Tobacco at the Capstorm and sat himself down on the
other side of the Table against Col0 Talbot and I took up a Cup of
Punch here is to you my very good Friend after your Tobacco Mr
Rousby did answer me it is near Nine of the Clock at Night and it does
not blow so hard as it did and I will go on Shore and Mr Rousby asked
Col° Talbot if he would go with him and he said he would go to Major
Serval’s and I proffered him my Boat to put him dry out of the Sloop
for the Sloop had no Boat And I said Sir If you be wet you may catch
Cold then I gave Orders to haul up the Sloop for Col0 Talbot said he
wou’d lye on board and I said with all my heart and I caused my Boy
to get Clean Sheets and make my Bed for Col° Talbot and after a little
while Col0 Talbot said to Mr Rousby You Son of a Whore You Dog
Rousby give me your hand Mr Rousby’s Answer was he would not give
him his Hand without better Words and then the said Talbot said you
Dog Rousby give me your Hand do not you know that I am your Gov¬
ernor and can do you a Kindness Mr Rousby answered I do not value
any thing you can do to me and with that Col° Talbot started up and
pulled Mr Rousby’s Lace of his Cravat in Pieces and Mr Rousby said
Nothing to him and presently Mr Rousby rose up to go out of the
Cabin and Col° Talbot Started up and met him and Clapt Mr Rousby
with his Left hand on the Right Shoulder and said Dear Rousby and
had his Dagger under his Coat in his Right Hand and Stabbed the
said Mr Rousby in the Right Breast One of my Servants Standing by
said he had Stabed the Gentleman with that word my Doctor Standing
up seized Col0 Talbot and took his Dagger out of his hand from under
his Coat my Men hearing that a Man was Stabbed took the said lal-
bot out of the Cabin and my Doctor went to Mr Rousby that was Stabed
to Stanch the Blood but could not and in half an hour Mr Rousby was
dead and I commanded my Corporal to put the said Talbot in Irons

506

Executive Journals, Council of Colonial Virginia

to Secure him his four Men and a Boy and as Col° Talbot was put¬
ting in Irons the said Talbot did say several times that nothing Troubled
him so much as that he had not Stabed more of them and said he hoped
to Drink and Spill a Thousand more of our Bloods and if he were on
Shore would raise a Thousand Men and make us Tremble at his very
words and I answered if all Maryland were together they should not
make the King’s Commission Shake altho’ you have Stabed the King’s
Commission

The 2d day of November 1684

At one of the Clock in the Afternoon came on board two of the
Governors of Maryland Col° Darland and Major Serval to demand
Col° Talbot prisoner in the Lord Proprietor’s Name and I made an¬
swer if they would Demand the said Talbot in the King’s Name I
would deliver him to them and they said they could not then my An¬
swer was I would carry him to Virginia where the King’s Name should
be observed before the Lord Proprietor’s and Col° Darland and Major
Serval did demand by what Authority I did ride there my Answer was
to do my Duty to my King and for his Custom for now I do see the
King’s Interest is lost I sent them on Shore in my Boat and on the
fourth day at about Eleven a Clock in the forenoon the under Sherif
came on board with a Hue and Cry to look for Col° Talbot and I told
him there he is and the under Sherif did look on him and said never a
Word and so went on Shore

Thomas Allen

The Council of Maryland demand Col° Talbot of the Lord Effing¬
ham November 5th 1684 Lord Howard Orders the Militia to be ready
against the Indians. 1684

November 20. 1684. Col° Talbot being brought into Virginia

and Committed for the Murder of Rousby the Collector in Patuxon
River, Maryland was brought before the Governor and Council and
desired to be sent to Maryland for his Trial which the Council of Mary¬
land also insisted on This Board considering the Matter agree to repre¬
sent the Case to the King for his Directions whether he shall be tried
according to the Law of the Admiralty or whether he shall be returned
to Maryland And the difficulty was made by reason of Rousby’s being
a Collector and the murder done on board the King’s Ship.

King James 2d by proclamation dated 6 February 1684 publishes
his Accession to the Throne and Continues all Officers

February 15. 1684 King James 2d Signifies his Accession to the
throne and orders the Old Seal to be used until further Order The Gov¬
ernor and Council Address his Majesty with the Sherifs Justices and
freeholders upon that Occasion

Col0 Byrd sent to ratifie the peace made by the Lord Howard with
the Northern Indians

June 12. 1685. Col0 Byrd sent to Albany to ratify the Governor’s.
Treaty

The King supplicated to appoint a Seal for the Secretary’s Office

Talbot escapes out of Gloster Goal and Col0 Lee and the Sheriff
of Gloster sent to Maryland to demand him.

Executive Journals, Council of Colonial Virginia

507

Lord Effingham prorogues the Assembly Summon’d to meet the
1st October 1685 by writ dated 10th July 1685 to the Second of No¬
vember following by reason of his Lordship’s Sickness by proclamation
dated 5 October 1685.

King James 2d by patent dated 1st October 1685 continues Nich.
Spencer Secretary with the same powers as before.

Lord Effingham by proclamation dated 12 October 1685 forbids
all Seditious discourses.

Lord Howard by Virtue of his Commission gives power to Nath
Bacon Nich Spencer Joseph Bridger Phil Ludwell Wm Cole Ralph
Wormeley Richd Lee John Page Wm Byrd John Lear and Christopher
Wormley all of his Majesty’s Council or any five of them Whereof N B.
JB,NS, and P Ludwell to be one to Enquire by the Oaths of good and
Lawfull Men of this Colony and dominion and by all other ways and
means for the discovery of the Truth of all Murders Felonies Burglaries
Piracies and all Actions either Criminal and Civil Acted perpetrated
done and to be done tried and Argued in this Colony And all other Of¬
fences and Actions of what Nature soever and the same Offences to
hear determine and award Execution thereon according to the Laws of
this Colony and as near as may be to the Laws and Statutes of England
and finally as largely and amply as if he himself were personally pres¬
ent to execute his Commission of Governor And Vice Admiral by com¬
mission dated 12 October 1685.

Lord Howard summons an Assembly to meet the 1. Octr 1685 per
Writ dated 10 July 1685

Governor and Council grant a hue and Cry for a runaway and the

same is frequently done by them

The Council propose to raise foreign Silver to the Rate ot Sterling

Lord Howard Communicates another Letter Dated 15 Decr 1685
from the King signed by the Lords of the Treasury signifying his pleas¬
ure that Thomas Sands should have Liberty to Ship 800 Hhds tree
from Virginia Duty The Council return the same Answer as before.

Secretary Spencer Col° Phil Ludwell and Col° John Page appointed
to revise the Laws and make Annotations upon them April 19, 1686

April 22. Lord Howard Complains that Capt Crofts Commander
of his Majesty’s Ketch the Deptford had oftentimes in Several Com¬
panies uttered several Words tending to the lessening his Authority
in the Government and Crofts ordered to attend the Board

April 24. Crofts appeared and begged pardon for his Misdemeanor
upon which his Lordship admonished him to behave himself better and
not to be too severe upon Merchant Ships which Crofts promised to

do and took his leave. , T , .

Lord Howard acquaints the Surveyors that his Majesty by Letters
Patents appointed Alexander Culpeper Esqr Surveyor General ot this
Dominion — who had appointed Phil. Ludwell his Deputy but that
could be Surveyors without his Majesty’s Approbation and acquaints
them that many Inhabitants complain that persons enter Lands with
the Surveyors it is a usual Custom to say that it was formerly entered
for and kept it for themselves And he suspends Major Arthur Allen tor
opposing the King’s prerogative

508

Executive Journals, Council of Colonial Virginia

April 26. Governor Orders (with the Council) a Bridge to be
built over Chichohominy between Charles City and New Kent

Lord Howard Communicates a Letter from his Majesty Signify¬
ing his pleasure that the Indian Tribute be accounted for The Council
answer that the Same hath always hitherto been a Perquisite of the
Governor and was so settled by the Articles of Peace and pray the same
be continued to his Lordship

Also that the profits of Wine Licences be accounted for the Coun¬
cil Answer that hitherto no houses have been set up for the Vending of
Wine only, and that the Ordinary Keepers do pay a fee to the Governor
every Year upon renewing their Licence. The Case of Thomas Ballard
a Creditor of Bacon the Rebel represented to the King.

Adjournments of Court forbid. Justices Ordered to fine such of
their fellows as do not attend. County Clerks directed to send an Ac¬
count of Fines and Forfeitures to the Auditor in April and October
General Courts. Commission of Peace Ordered to be published at the
Opening of every Court according to the Practice in England. And
New Kent lying on both sides the River and holding Courts on both
sides made an Order that Causes arising on the South Side shall not
be tried on the North side they are commanded to lay aside that dis¬
tinction. Edmund Bowman Ordered to Appear before the Council for
Words uttered against the King and that the Justices of Accomack
take his Bond with Security for his Appearance and if he fails deposi¬
tions to be taken

_8th July. Lord Howard by proclamation commands the Law for
Registering Births Marriages and Burials which had been Neglected
to be put in Execution

Issues a proclamation to this Effect, Whereas the Lord Bishop of
London under whose Spiritual Care this his Majesty’s Plantation of
Virginia is held to be out of his great Zeal and Pious desires that the
Inhabitants here may be instructed according to the Uniform Order of
common Service and Parayer and the Administration of the Sacra¬
ments hath desired me Francis Lord Howard of Effingham that no
Minister coming under that Qualification be admitted allowed or re¬
ceived to read or preach any Sermons or Lectures in any Church or
Chapel within this his Majesty’s Dominion unless he or they be first
approved by the Bishop of London and that no School Master be per¬
mitted or allowed or any other person or persons instructing or Teach¬
ing Youth as a School Master so to practice before licence obtained
from me. Pursuant whereto he declares that no Minister shall be per¬
mitted to Officiate until they have attended him to the Intent they
might Satisfy him whether they were duly Qualified and for as much
as several Parishes were destitute of Ministers he Commands the Ves¬
tries of every Parish not having a Minister to make choice of a grave
sober Layman to read Divine Service and a Homily to be presented
to him for his Admittance, and forbids any person to Officiate as a
School-Master without his Licence to be obtained by Testimonials of
his Character and Conformity from some understanding persons, of
the Parish, and being informed that Several Ministers omitt several

Executive Journals, Council of Colonial Virginia

50?

arts of the Service all Ministers are commanded to do their Duty
therein.

July 18. 1686 Ordered that according to the usual Proceedings
upon Prorogations or adjournments of Assemblies Mr Secretary Spen¬
cer issue Warrants to the Sheriffs directing them to require the Bur¬
gesses to attend at James City on the 20th of October next and if any
of the Members be dead or Absent out of the Country to chuse others.

James 2d Sendjs] his Letters to Lord Howard dated at Windsor
August 1st 1686 to this Effect. Whereas he had been informed of the
irregular and tumultuous proceedings of the House of Burgesses in the
late meeting of the Assembly the Members thereof having not only
spent their time in frivolous and unnecessary [proceedings ?] but like¬
wise presumed to raise disputes touching the Negative Voice, where¬
with the Governor is intrusted which he could not attribute to any
other cause than the disaffected and unquiet dispositions of the said
Members and their Sinister Intentions to protract the time of their sit¬
ing to the great Oppression of his Subjects from whom they receive
Wages as a mark of his displeasure he commands the Governor to dis¬
solve .the present Assembly to the End the Inhabitants of that Colony
may at such time as he should think fit have Opportunity of Electing
such other Members as may have a more careful regard to our Service
and the good of the Colony. And Whereas Robert Beverley Clerk of
the House of Burgesses, appears to have chiefly occasioned and pro¬
moted these disputes and contests his Majesty’s Will and pleasure was
that he be declared uncapable of any Office or Publick Employment
within that Colony and that he be prosecuted according to the utmost
severity of the Law for the Altering the Records of the Assembly, if he
should see cause. And his Majesty charges and requires the Governor
or Commander in Chief for the time being upon the Convening As¬
semblies to find a fit person to execute the Office of Clerk of the House
of Burgesses and not to permit any other person whatsoever upon any
place whatsoever to execute that and requires the Assembly to make
them the usual Allowance.

Sunderland P.

Lord Effingham issues a Proclamation 1 September 1686 2o Jacobi
2cLi to this Effect that the Assembly prorogued to the November 6 met
and sat whilst the 13 December and was prorogued to the 20th of Octo¬
ber 1686 unless he should see cause by Proclamation to convene the
Assembly sooner and occasions requiring their Meeting he resolved
with Advice of Council according to the usage of the Country in con¬
vening Assemblies either adjourned or prorogued New Writs should
issue from the Secretary’s Office for the giving timely Notice to the
Burgesses to meet at James City 20 October 1686 and if any of the
Members were dead to cause others to be Elected in their Room

November 9. 1686. The Assembly at the grand Inquest of the
Country present a Charge to the Governor against Col0 Wm Fitzhugh
for cheating the County of Stafford of a certain Quantity of Tobacco
and that they were ready with their Managers to Manage the Charge
against him.

510

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The Governor answers that they were not then sitting at a Court
of Judicature but that they would take so much Notice of the Present¬
ment as to Order the Attorney General to prosecute and Order a spe¬
cial Warrant to take Fitzhugh till he give Bond with Security for his
Appearance at the next General Court.

April 25. 1687. A Complaint against Capt Crofts by several

Merchants represented to his Majesty, Crofts having refused to appear
Edmund Jennings Attorney General’s Petition for a Salary of 40
1 bs. per Annum (his Business Encreasing) out of the 2 Shillings per
Hhd which is represented to his Majesty as reasonable.

Robert Beverley being lately dead his Widow is Ordered to de¬
liver the Assembly Papers and Records to Ralph Wormley and Chris¬
topher Wormeley

October 21. 1687 James Collins Ordered to be Imprisoned and
put in Irons for speaking treasonable Words and to be prosecuted by
the Attorney General

James Haward committed for Slighting Col° Lear’s Authority and
disobeying his Order and the Attorney General is ordered to prosecute
him.

Christopher Berryman for disobeying President Bacon’s Warrant
ordered to beg pardon upon his Knees

All Probates and Administrations Ordered to be in the same form
October 24. 1687. A Negro Plot discovered in the Northern Neck
and the Laws Ordered to be put in Execution

Lord Howard communicates the King’s Letter for reviving the
Laws

October 26. Lord Howard was this day pleased to declare that
for reducing of causes depending in Chancery to a more methodical
Manner than at present he had thought for the future to Assign Order
and appoint the 7 and 10 Days of each General Court to Sit hear and
determine all Causes depending in Chancery and that his Excellency
such and so many of the Council to his Assistance as the Weight of
Matters depending might require and Ordered that all Chancery Bills
might be filed 4 Days before the hearing and Answers 2 days that there
might be no room for unnecessary delay of business

Lord Howard issues a proclamation declaring his Intention of
going to New York for Recovery of his Health by Change of Air having
laboured under a long and Severe Sickness and that the Administration
of the Government was by the King’s Instructions lodged in the Presi¬
dent then Col° Bacon and the Rest of the Council

King James 2d proclamation dated 4 April 1687 for Liberty of
Conscience in Virginia (Published)

King James 2d confirms the Suspension of Phil. Ludwell Esqr one
of the Council for Misbehaviour in that Trust and Orders Isaac Aller-
ton to be sworn of the Council in his Room by his Letter dated 12 June
1687

King James by his Letter dated 22 d October 1687 commands that
one Moiety of all plate Silver Gold and Treasure taken from the wrack
at Hispaniola to be reserved for his Majesty’s Use the same being due
by the Ordinances of the Admiralty

Executive Journals, Council of Colonial Virginia

511

King James 2d sends his Letter to the Governor of Virginia dated
13 of October 1687 to this Effect Whereas we have received frequent
Informations from our Several Colonies and Plantations in America
that instead of a due prosecution of Pirates that have been seized either
upon the high Sea or upon Land, an unwarrantable practice has been
carried on to bring them immediately to their trials before any Evi¬
dence could be produced against them and such other Methods of like
Nature have been used, Whereby the most Notorious pirates have, as
it is well known by the facility or partiality of the Judges been acquited,
therefore commands all his Subjects to seize all pirates with their con¬
federates and requires the Governor to cause them to be strictly im¬
prisoned and kept in safe Custody with their Ships goods and plunder
Untill his Royal pleasure should be known nor not to pardon any Pirates
nor permit them to be brought to Trial unless upon Signification of
their Crimes to us or upon the Arrival of Sir Robert Holmes (our Sole
Commissioner in that behalf) Time and Opportunity may be allowed
to all Parties Concerned for the bringing of Evidences from the parts
or places where the piracies or Robberies have been committed and
that we shall have given such Necessary Orders for their prosecution
and trial as to Law shall appertain.

Lord Howard November 5. 1687 commanding the Law against
Meetings of Negroes to be put Strictly in Execution

Lord Jefferies C. Sunderland P. and others Signify the King’s
Command that the Governor Council and Assembly of Virginia pass a
Law for the prohibiting the Exportation of Bulk Tobacco upon the
representation of the Merchants

Thomas Dungan Governor of New York signifies his Majesty
King James the 2d Instructions to him dated 10 November 1687 to
build Forts for the Defence of that Country and to the Assistance of
the Neighbouring Governments in defraying the Expence, and desires
that Virginia would contribute, Pennsylvania E. and W. Jersey being
new settlers no great Matter could be expected from them and Mary¬
land, Boston and Connecticute were to furnish Six hundred Men and
that they had expended last Year above 10000 lbs.

Auditor Bacon resigns his Office and King James 2d by his Letter
dated 4 December 1687 directs Wm Byrd Esqr to be sworn into his
place giving Security

King James 2d sends a Over a Seal for this Colony Engraven with
his Royal Effigies sitting in his Royal Robes enthroned having on each
Side a Landskip and upon the Canopy (which is supported by two
Angels and a Cherubim over head) this Motto En dat Virginia Qintum
with his Royal Titles on the Circumference and on the other side his
Royal Coat of Arms with the Garter grown supporters and the motto
with this Inscription on the Circumference Sigilum Domini: Nostr.
Virgin, in America and by his Letter dated 18th December 1687 directs
the same to be used in the Sealing all patents and publick Grants of
Land and all publick Acts and Instruments which shall be made and
passed in his Name and for his Service within this Colony

February 6. 1687 Writs issued to summon an Assembly to meet

512

Executive Journals, Council of Colonial Virginia

19th April 1688 upon the Occasion of the King’s pleasure about Bulk
Tobacco.

An Address Ordered to the King for his Indulgence of Liberty of
Conscience, Col° Bridger being dead Col° John Armstead recommended
to be of the Council in his Room Patrick Meyn Surveyor General

Capt Crofts having complained to Secretary Pepys against Lord
Howard; he Summons him to appear before him which Crofts refused.
Patrick Meyn and Capt Allen Justifie the Governor.

Lord Effingham by Writ dated 17 February 1687 Summons an As¬
sembly to meet on the 19 April 1688 by his Majesty’s Express com¬
mands and commands the Sherifs to Elect two Burgesses in every
County.

And prorogues it to the 24 of April by reason of his Lordship’s
Sickness

April 25. 1688 Francis Page appointed Clerk of the House of
Burgesses

The Council desire the King to accept of the Lives and fortune of
his Subjects here for the inestimable Honour of a Glorious Seal sent
hither.

Council complains of the Incroachments of North Carolina and
that it may occasion a Fraud in the Customs of Tobacco which may
easily be exported at Corratuck. which while it was under the Govern¬
ment of Virginia was prudently prevented by Mr Patrick Meyn who
had appointed an Inhabitant of Virginia Collector there.

Governor unites Westover and Jordan’s parish by consent of the
parishioners.

Whereas his Majesty has been graciously pleased to give me,
Thomas Lord Howard Baron of Effingham his Majesty’s Lieutenant
and Governor General of Virginia leave for some little time to go for
England for the Recovery of my Health and to receive his Majesty’s
further commands in such things as shall most conduce for his Ma¬
jesty’s Service and the good and benefit of this his Majesty’s Colony
and Dominion of Virginia

I therefore pursuant to his Majesty’slnstructions to me do hereby
communicate unto you who are of his Majesty’s Council of Virginia
such and so many of his Majesty’s Instructions to me as I Judge requi¬
site for his Majesty’s service during my Absence. Vizt.

Instructions for our Right Trusty and well beloved Francis Lord
Howard of Effingham our Lieut and Governor General of our Colony
and Dominion of Virginia in America and in his Absence to the Com¬
mander in Chief, Given at our Court at Windsor the 30 August 1683
in the first of our Reign.

1 With these you will receive our Commission under our Great
Seal of England constituting you our Lieut and Governor General of
our Colony and Dominion of Virginia in America. Whereupon you

513

Executive Journals, Council of Colonial Virginia

are forthwith to call together the Members of our Council for that our
Colony and Dominion by Name
Nathl Bacon Richd Lee

Nicho. Spencer Ralph Wormeley

Robert Smith* John Page

Will Cole Wm Byrd

Phil Ludwellf Christo. Wormeley

John Custis John Lear Esqrs

Since added/ Isaac Allerton

/John Armistead Esqr3

At which Meeting after having published in usual Manner our
said Letters Patents constituting you our Lieut & Governor General
of our said Colony and Dominion you shall take yourself and also ad¬
minister to each of the Members of the Council as well the Oath of
Allegiance as the Oath for the due Execution of their Places and Trusts.

2d And you are to communicate unto our Council of Virginia
from time to time such and so many of your instructions as you shall
think convenient for our Service to be imparted unto them. And our
further Will and Pleasure is that the Members of our Council shall and
may have and enjoy freedom of Debate and Votes in all things to be
debated of in Council.

3d And altho’ by our Commission aforesaid we have thought fit
to direct that any 3 of our Councillors make a Quorum It is neverthe¬
less our Will and Pleasure that you do not act with a Quorum of less
than five Members unless upon Extraordinary Emergencies.

4th And that we may always be informed of the Names of Persons
fit to supply the Vacancies of our Council in Virginia you are to trans¬
mit unto us and to our Commitee of Trade and foreign Plantations
with all convenient Speed the Names and Character of twelve Persons
Inhabitants of our said Colony whom you shall esteem the best Quali¬
fied for that Trust and so from time to time when any of them shall dye
depart out of our said Colony or become otherwise unfit you are to
supply the first Number of 12 Persons by nominating others to us in
their stead.

5 And you are to Signifie our Pleasure unto our said Council that
if any of them shall hereafter be absent without leave from our Gov¬
ernor for the time being first obtained or remain absent for the Space
of Two Years or the greater part thereof without our leave given them
under our Royal Signature their place or places in our said Council
shall immediately become void and that we will forthwith take care
that others be appointed in their stead.

6. And you are to send us from time to time and our Committee
for foreign Plantations and Trade the Names and Qualities of any
Members by you put into our said Council by the first Conveniency
after your so doing.

7th. And you are to observe in the passing of Laws that the stile

* Dead.

t Displaced by his Majesty.

514

Executive Journals, Council of Colonial Virginia

of Enacting the same by the Governor Council and Burgesses of the
Assembly be henceforth used and none other

8th And that it may be the better understood what Acts and
Laws are in Force within our Dominion of Virginia you are with the
Assistance of our Council to take care that all Laws now in Force be
revised and considered and if there be anything in them either in the
Matter and stile which may be fit to be altered or Retrencht you are to
represent the same unto us with your opinion touching the said Laws
now in force whereof you are to send a Compleat Body unto us with
such alterations as you shall think fit to the End our approbation or
Allowance may be signified thereupon

9th And our Express Will and Pleasure is that you transmit au-
thentick Copies under the public Seal of all Laws Statutes and Ordi¬
nances now in force or which shall at any time be made or Enacted
within our said Colony unto us & our Committee of Trade and Foreign
Plantations within 3 months or sooner after their being Enacted to¬
gether with Duplicates thereof by the next conveyance upon pain of
our highest displeasure and of the forfeiture of that Year’s salary where¬
in you shall at any Time or upon any pretence what so ever omit to
send over the said Laws and Ordinances as aforesaid within the time
above Limitted.

10th Our Will and Pleasure is that no Act or Order be passed In
that our Colony in any Case for levying Money and inflicting fines and
penalties as hereby the same shall not be reserved to us for the Public
Uses as by the said Act or Order shall be directed and we do particularly
require and Command that no Money or Value of Money whatsoever
be given or granted by any Act of Assembly to any Governor Deputy
Governor or Commander in Chief of our said Colony which shall not
according to the Stile of the Act of Parliament in England be mentioned
to be given and granted unto us with the humble desire of such Assem¬
bly that the same be applied to the use and behoof of such Governor
Deputy Governor or Commander in Chief if we shall so think fit or if
we shall not approve of such Gifts or Application that the said Money
or Value of Money be then dispos’d of and appropriated to such other
uses as in the said Act or Order shall be mentioned and that from the
time the same shall be raised it remain in the hands of the Receiver or
the Treasurer of that Colony until our Royal Pleasure shall be known
therein.

11th And you shall not permit our revenue to be Anticipated
for the future nor suffer any Public Money whatsoever to be issued
or disposed of otherwise than by Warrant under your hand but the
Assembly may be Nevertheless permitted from time to View and Ex¬
amine the Accounts of Money or Value of Moneys disposed of by Vir¬
tue of such Laws as they shall make which you are to Signify unto them
as Occasion shall serve.

12th And it is our further Will and Pleasure Expressly that all
Laws whatsoever for the Good Government and Support of our said
Colony be made indefinite and without Limitation of time except the
same be for a temporary End and have its full Effect within a certain
time.

Executive Journals, Council of Colonial Virginia

515

13th And therefore you shall not reinact any Law which shall
once be enacted by you except upon very urgent Occasions but in no
case more than once without our express consent.

14th You shall not remit any fines or forfeitures whatsoever
above the Sum of Ten pounds before or after Sentence given nor dis¬
pose of any Escheators fines or forfeitures until you shall have first
Signified unto us the Nature of the Offence or Occasion of such fines
forfeitures or Escheats with the particular sums or Value thereof
(which you are to do with all speed unto our high Treasurer or Com¬
missioners of our Treasury for the time being) until you shall have re¬
ceived our directions therein but you may in the meantime suspend
the payment of the said sum fines and forfeitures

15th And you are particularly not to pass any Law or do any
Act by Grant Settlement or Otherwise whereby our Revenue may be
lessened or Impaired without our Especial Leave or Commands therein.

16th You are to require the secretary of our Colony or his Deputy
for the time being to provide transcripts of all such Acts and publick
Orders as shall be made from time to time together with a Copy of the
Journal of the Council to the End the same may be transmitted unto
us as above directed which he is duly to perform upon pain of Incurr¬
ing the forfeiture of his place

16th And all Military Officers upon misbehaviour and unfaith¬
fulness in the Execution of their Trust you shall suspend or discharge
as shall appear upon due Examination agreeable to Justice

17th Our Will and Pleasure is that no Minister be prefer’d by
you to any Ecclesiastical benefice in that our Colony without a Certifi¬
cate from the Right Reverend the Lord Bishop of London of his being
conformable to the Doctrine and Discipline of the Church of England
and of a good Life and conversation and if any person already pre¬
ferred to a benefice shall appear to you to give scandal either by his
Doctrine or Manners you are to use the best means for the removal of
him and to supply the Vacancy in such Manner as we have directed

And also our pleasure is that in all directions of Church affairs
the Ministers be admitted into the Respective Vestries.

And to the End the Ecclesiastical Jurisdiction of the said Bishop
of London may take place in that our Colony as far as conveniently
may we do think fit that you give all Countenance and Encouragement
in the Exercise of the same Except only the Collating to benefices
granting licences for Marriages and probate of Wills which we have
reserved to you our Governor, and Commander in Chief for the time
being.

18th And we do further direct that no school-master be hence
forward permitted to come from England and to keep school within
our Colony of Virginia without the Licence of the said Bishop.

And that no other person now there or that shall come from other
parts be admitted to keep school without the Licence first had.

19th And you are to take Care that the Courts of Judicature be
not adjourned but upon Good Grounds and whereas Complaint hath
been made that the Orders of Court are entered in the Absence of Ma-
jistrates and sometimes procured in private at the Magistrate’s House

516

Executive Journals, Council of Colonial Virginia

you are to take care to prevent the said abuses and particularly that
no Orders be entred or Allowed which shall not be first read and ap-
roved by the Magistrate’s in Open Court.

20th You are to take Care that Drunkenness Debauchery Swear¬
ing and Blasphemy be severly punished and that none be admitted to
publick Trust and Employment whose ill fame and Conversation may
bring Scandal thereupon.

21 st Our Will and Pleasure is and we do hereby require and Com¬
mand you that no Man’s Life Member freehold or goods be taken away
or harmed in our said Colony but by Established and known Laws not
repugnant to but as much as conveniently may be agreeable to the
Laws of our Kingdom of England.

22 d You shall Administer or Cause to be administer’d the Oath
of Allegiance to the Members and Officers of our Council and Assembly
all Judges and Justices and all other persons that hold any office in our
said Colony by Virtue of any patent under our great Seal of England or
our Seal of Virginia And you are to permit a Liberty of Conscience to all
persons so they be contented with as [a] Quiet and peaceable enjoyment
of it not giving offence or Scandal to the Government.

23d You shall take care that all Planters and Christian Servants
be well and fitly provided with arms and that they be listed under Offi¬
cers and when as often as you shall think fit mustered and trained
whereby they may be in a better readiness for the Defence of our said
Colony and Dominion under your Government.

24 And you are to take special Care that neither the frequency
nor unreasonableness of remote Marches Musters and trainings be an
unnecessary Impediment to the affairs of the Planters.

24 d In Case of Distress of any of our Plantations you shall upon
application of the Respective Governors thereof to you assist them,
with what aid the safety and condition of your Government can permit.
And you are to take an especial Care that all Tobaccoes shipt in Vir¬
ginia from what Part soever they come do pay Virginia Duties

25th And that all possible means may be used for the Security of
Merchants Ships in their return home you are hereby directed that in
time of War no Ships do come from Virginia but in Fleets and at such
times as shall be notified from hence for their meeting of Convoys And
in case of other danger you are to expect directions from hence what
precautions shall be necessary for their Security.

26th You are to give all due encouragements to Merchants and
others who shall bring Trade into our said Colony or any other way
contribute to their advantage and in Particular to the Royal African
Company of England.

27th And you are to take care that there be no trading from Vir¬
ginia to any part of Africa within the charter of the Royal African Com¬
pany and you are not to suffer any ships to be sent thither without their
leave and authority.

28th You are not for the future to Admit or Allow of any appeals
whatsoever to be made from the Governor and Council to the Assembly
But whereas we Judge it absolutely necessary that all our Subjects may
have Liberty to appeal to our Royal Person in cases that deserve the

Executive Journals, Council of Colonial Virginia

517

same our Will and Pleasure is that if either Party shall not rest satis¬
fied with the Judgment or Sentence of our Governor and Council they
may then appeal unto us in our Privy Council Provided the Matter
in Difference exceed the real Value of three hundred pounds Sterling
and that Security be likewise given by the Appellant to Answer such
Charges as shall be awarded in Case the Sentence of the Governor and
Council of Virginia be Confirmed and Provided that Execution be not
suspended by reason of any such appeal unto us and in as much that
it may not be fit that Appeals be too frequently and for too small a
Value unto our Governor and Council you shall therefore with the Ad¬
vice of the Council propose a Law to be passed wherein the Method
and Limitation of appeals unto our Governor and Council may be set¬
tled and restrained in such manner as shall be found most convenient
and easy to our Subjects in Virginia.

29th And whereas you have already made an Agreement be¬
tween the Indians of Virginia and those of New York we do hereby ap¬
prove the same and do charge and require you as much as in you lies
that the same Agreement be punctually Observed as conducing to the
Welfare of our Colony and your Government.

30th Whereas we have thought fit to Establish and Allow a com¬
fortable Subsistence and Salary for you our Governor, and our other
Chief Officers of that our Colony, you shall according to our said Es¬
tablishment receive and take to your own use as Governor out of the
first Money rais’d or to be raised there the Yearly Sum of Two Thous¬
and Pounds by Quarterly Payments And you shall pay out of the next
revenue of our said Colony to the Councellors and other Judges and
Officers as well Civil as Military and to the Marshall Clerks of the
Assembly Gunners and Matrosses the Several Salaries and Allowances
formerly paid or such other reasonable ones as you with the advice of
our Council there shall think requisite A true account whereof you
shall from time to time transmit unto our Lord High Treasurer or
CommisrB of the Treasury for the time being And to the Lords of our
Privy Council appointed a Committee of Trade and Foreign Planta¬
tions.

31st And in the mean time we are graciously pleased to allow
unto you out of our said Revenue the Rent of a House wherein you
shall live until a House be built Pursuant to our Directions above
mentioned.

32 d Whereas upon considering the Entries at our Custom house
here in England with the 2 Shillings per Hogshea.d on Tobacco and
other Duties and impositions due to us in Virginia we are certainly in¬
formed of great Frauds and abuses both for the Payment thereof by
Masters of Ships and others and the Collection of our Officers You are
to use all Legal Means for the prevention thereof and for the Improve¬
ment of the said Revenues and whereas such abuses cannot be com¬
mitted without the apparent Negligence of the Collectors or their Con¬
nivance with the said Masters of Ships and other Persons You are
strictly to Charge and command them & every of them in our Name to
be more diligent and careful for the future under Penalty of forfeiture
of their respective Places by your putting others in their stead on the

518

Executive Journals, Council of Colonial Virginia

first offense and of our highest displeasure And you are from time to
time to give us a Particular Account of your Proceedings herein and
of the Duties and impositions collected and Disposed of pursuant to
former directions.

33 d You shall not upon any pretence whatsoever permit any al¬
teration to be made henceforth in the Value of the Current Coin either
forreign or belonging to any of our Dominions without first having
signified unto us the reason for so doing and received our pleasure there¬
upon

34th we d0 hereby Signify unto you our Express commands
that all Writs be issued in our Royal Name thro’out our said Colony
and Dominion notwithstanding any former usage to the contrary.

35 And if anything shall happen that may be of advantage to
our said Colony which is not herein and by our Commission provided
for Our Will and Pleasure is & we do hereby allow unto you with the
advice and consent of our Council to take Order for the present therein
Given [ing] us by one of our Principal Secretaries of State and to the
Lords of the Privy Council appointed a Committee for Trade and For¬
reign Plantations speedy notice thereof that so you may receive our Rat¬
ification if we shall approve the same Provided always and our Will and
Pleasure is that you do not by Colour of any Power or Authority hereby
given you commence or declare War without our knowledge or com¬
mand therein Except it be against Indians upon Emergencies wherein
the consent of our Council shall he had & speedy Notice thereof given
unto us.

Lastly you shall upon all occasions send unto us by one of our
Principal Secretaries of State and the Lords of our Privy Council ap¬
pointed a Committee for Trade and Foreign Plantations a Particular
Account of all Proceedings and of the Condition of Afairs within your
Government.

By his Majesty’s Command

Signed & Sealed in Council Sunderland

February 27, 1688 per Effingham

Lord Howard Communicates his Intention by his Majesty’s leave
to go to England for recovery of his Health, and leaves with them such
of his Majesty’s Instructions as he judg’d requisite for his Majesty’s
Service (see the above Copy.)

King James 2 d 27 April 1688 makes an Order in Council to this
Effect. His Majesty taking into Consideration an Order in Council
bearing Date 3 d of November 1680 considering the absence of Governors
from their respective plantations under their Government His Majesty
in Council was pleased to Order That no Governor or Commander in
Chief do presume henceforward upon any pretence whatsoever to come
into England from the places of their respective Government without
first obtaining leave for so doing under his Majesty’s Sign Manual and
Signet

May 3. 1688 Several of the 5 Nations taken prisoners by the
French at Canada anded by King James 2 they having Submitted to
his Government and thereby become Subjects.

May 12. 1688. Council Advise the Governor to dissolve the As-

Executive Journals, Council of Colonial Virginia

519

sembly then sitting for refusing to repeal the Act against planting after
the last of June

Governor and Council supplicate his Majesty to Signify what fee
should be allowed to the Governor upon the Seal.

October 18. 1688 Col° John Armstead sworn of the Council
Lord Howard informed the Board that Col° Charles Scarburgh
among other discourses said to him that his Majesty would wear out
the Church of England and upon his Lordships asking how he said
when there is any Vacancy he fills up the place with Men of another
persuasion for which he reproved him, for what Major Scarburgh was
Ordered to appear the 2d day of next Court to answer what shall be
objected against him.

The Order about N. Kent Court revoked

They Order the Old Seal which was small to be used until Parch¬
ment and Wax can be provided fit for the New One.

Nath1 Bacon being first in the List of the Council, named President
tho’ Spencer still Living which Bacon seemed to decline

King William by his Letter dated 21. Feb. 1688 Commands the
Old Seal to be made use of till he should Order another.

Lord Howard writes to the Governor of North Carolina Complain¬
ing that some Officers of his Government had taken the goods of sundry
Inhabitants of this Colony by distress towards defraying the Charge
of that Government under pretence that their Lands which were
granted to them by the King were within their Bounds and desiring
that they be not hereafter disturbed.

April 16. 1689. Nath1 Bacon sits in Council President
Scarburgh appears and says he told the Lord Howard he heard
another person speak the words charged thereupon. So his prosecution
is remitted and he discharged from his bond

April 20. President and Council upon the Petition of Robert
Thomas complaining that the County Court of Isle of Wight had made
several Orders against him in the time of his Sickness and Executions
issued on those Orders, order that the Clerk transcribe all those Orders
and return them to the General Court

John Waugh Clerk, Ben Harrison and John West order’d to be taken
into Custody by the Sherif of Stafford and conveyed on board the
King’s Ketch the Deptford Cap1 Berry Comr that they may with better
Security be removed to Nominy there to be Examin d by Secretary
Spencer and Rich'1 Lee Esqr touching a Commotion raised by them
and Spreading abroad a Rumour that the Papists and Indians had
made a plot to cut the throats of the Protestants and if they found
Cause to transport them to Northampton, or otherwise to take Bond
for their Appearance on the 4th day of the next General Court And
George Mason being suspected to have countenanced these Factious
reports turn’d out of the Commission of Peace and removed from his
Command in the Militia. Other people take Arms in the upper parts
of Rappahannock on Account of the same plot to defend themselves
against Indians and Papists and 3 of the Council dispatched to take
them and Examine them. A Committee of 3 Councilors appointed
to meet in Cases requiring a speedy Meeting of the Council

520

Executive Journals, Council of Colonial Virginia

April 26. 1689 President and Council appoint the 23 of May fol¬
lowing for proclaiming King Wm and Queen Mary.

April 30. President and Council suspend the Judgments of Exe¬
cutions against Robert Thomas and Order the whole Affair to be set¬
tled and the matter refered back to Isle of Wight and Col0 Lear ordered
to be present

Edward Davis Lionel Delawafer and John Hinson were by Capt
Simon Row Commander of his Majesty’s Ship Dun seized and Se¬
cured at the Mouth of James River 1688 upon suspicion of being pir¬
ates having a Considerable Quantity of Plate and Money with some
other things according to an Inventory thereof taken, and were brought
before the Governor (Lord Howard) then in Council and upon their
examination they declared they had been trading and had come from
Bermudas to Pensylvania from Pensylvania to Maryland and from
Maryland in a Shallop down the Bay with Intention to go to Lynhaven
in this Colony there to set themselves down and produced passes under
the hand of two Justices of peace in those provinces The Governor
suspected the Plates, Money & Goods to be piratical therefore se¬
cured them, and Committed the persons to James City Goal there
to remain till the Matter be represented to his Majesty and his Majes¬
ty’s Pleasure; But the 16 of August these persons petitioned the Gov¬
ernor and pray’d the Benefit of the King’s Proclamation for the more
effectual reducing pirates and Privateers upon which they affirmed
they came in and the proclamation being published the 6 of August
they apprehended themselves to be within it. The Governor told them
the matter lay before the King and that he could not proceed until his
Majesty’s pleasure signified On the 18 of April they again petitioned
the President and Council setting forth their whole case and praying
to be enlarged and their plate & c restored, upon which the Council
advised and for answer returned that his Majesty by the Lord Sunder¬
land’s Letter was pleased to Signifie that they* or any other persons
who shall be apprehended for Piracy be prosecuted according to Law
at such time & in such Manner as Sir Robert Holmes or his Agent
shah desire And Capt Berry being Sir Robert’s Deputy was to be ac¬
quainted with the Petition before any proceeding could be had they
petition d again the 23 April to which the Council answered that Capt
Berry was expected soon in Town and it was necessary to know what
Orders he had received from Sir Robert Holmes and Capt Berry was
afterwards acquainted with this Petition and he answered that acc-
cording to his directions from Sir Robert he could not proceed to trial
until the Plate & c were deliver’d to him. Which considered by the
Council they were of Opinion it was not consistent with the present
Case that the Money & c should be removed until the Case was fully
heard and determined The 29 April they petition again to the same
Effect as before upon which the Council resolve that as they came in
Voluntarily and Cap* Berry refused to proceed to trial of them that
the Money. should remain where it was lodged by his Excellency and
that they giving Security for their good Behaviour should be permitted
to take a Voyage to England in Order to receive his Majesty’s Pardon
or be proceeded Against according to Law and they are allowed 30

Executive Journals, Council of Colonial Virginia

521

lbs. a piece out of their Money to defray their Charges and Wm Ed¬
wards, Clerk of Council ordered to take out of the Chest in presence
of Ralph Wormeley and Christopher Wormeley Esqr3 and ordered that
a further sum be paid out of it to Geo. Marble and another to Nich.
Spencer

President Bacon 18 October 1689 appoints Wm Cole Secretary in
the Room of Nich Spencer then lately deceased according to the form
of other Commission for that Office and gives him a power to appoint
County Court’s Clerks

Duke of Shrewsbury by his Letter dated February 15th 1689 No¬
tifies to the Governor of Virginia the preparations which were making
for a speedy War with France and that his Majesty intended to send
forth a Considerable Squadron of Ships into the West Indies for Se¬
curing the Plantations and directs the Governor to put every thing
within his Government in a posture of Defence and Opposing any At¬
tempt of the French upon his Majesty’s Colony of Virginia and by an¬
other 19 April acquaints him that War was declar’d against France.

At a Court at Hampton Court 9 September 1689 the King makes an
Order in Council to this Effect.

Upon Reading a Report of the Right Honble Lords of the Com¬
mittee for Trade and forreign Plantations that in Obedience to his
Majesty’s commands of the 18 of March they had considered the Peti¬
tion of Philip Ludwell with the Address of the House of Burgesses in
Virginia to late King James 2d touching several Matters which with
their Opinions are as follows

1st Whereas a Proclamation had been issued in Virginia by the
Lord Howard Governor in chief in pursuance of Instructions from his
late Majesty King Cha. 2 declaring an Act passed in Virginia Novem¬
ber 1682 for repealing the 6th Act of Assembly made in June 1680 about
Attorneys to be void and thereby reviving the said Act of June 1680
The House of Burgesses conceive the said Proclamation unwarrantable
and of ill consequence and therefore pray the same to be made void
Their Lordships consulted the Attorney and Sollicitor General who re¬
ported their Opinion that the Act of 1680 by the King’s disallowing the
Act of Repeal was revived Yet in as much as the said Act of Assembly
is represented as inconvenient and prejudicial to that Colony they
humbly offer their Opinion that the same be repealed.

2<ny Whereas they complain that a fee of 200 lbs. of Tobacco and
Cask lately received by the Lord Howard for the use of the Seal they
find that that fee upon complaint thereof was not disallowed or thought
unreasonable by the Council of Virginia Yet in as much as the same
had not been Established by the said Council as by the Lord Howards
Commission is requisite and the same being also represented as bur¬
densome and uneasy to the Colony they Offer their Opinion that it
be discontinued as also the fee of 30 lbs. Tobacco demanded by the
Secretary of that Colony for recording Surveys of Lands But as to the
fee of five Pounds Sterling received by every Escheator for every Office
found whereof Complaint is also made they are of Opinion that the

522

Executive Journals, Council of Colonial Virginia

same is Legal and fit to be continued as being an Antient and Custom¬
ary fee and paid only by such as receive a considerable benefit thereby.

Lastly as to the Complaint made that the fines and Forfeitures in
Virginia are not applyed to such purposes as by the said Representa¬
tion is particularly set forth and desire They represent that the said
Fines and Forfeitures having by Letters Patents being granted by
King Charles 2d to the Lord Culpeper and others were repurchased by
the late King for Divers considerable sums of Money actually paid to
the said Lord Culpeper and a further pension of 600 lbs. per annum
payable for 21 Years and now Charged upon the Establishment of
his Majesty’s Army so that the said Fines and forfeitures are become
wholly at the Disposal of the Crown as they were before the purchase
of the property of the said Patentees Yet upon Examination they find
that since the said Purchase no part of the said Revenue has been em¬
ployed or disposed of otherwise that for the better support of the Gov¬
ernment of Virginia to which use they are of Opinion it may be applied
in such Manner as his Majesty should direct from time to time and not
otherwise, the same being not in any manner appropriated to any
particular use or purpose which report his Majesty approved.

October 23: 1689 Davis Delawafer, and Hinton petition for their
Effects but refused till his Majesty’s Pleasure’s known.

Eliza. Lewis convicted for the Murder of a Bastard Child upon the
Stat. 21. Jac. 1. and Sentenced to dye, petitions for Mercy Affirming
the Child was born dead and is reprieved till the 4th day of the Next
General Court

John Waugh Clerk being Summoned to make his Appearance the
4th day of this general Court and therein failed and this Board being
informed that he Stirs up the people in Stafford to Sedition by his Ser¬
mons he is forbid to preach either publickly or privately untill he appear
before Col0 Lee and Allerton two of the Council and give them such
Satisfaction as they shall approve.

The Council gave Judgment against the Executors of Secretary
Spencer that they pay Edwards Clerk of the General Court 5000 lbs.
Tobacco for half a Year’s Salary due to him from Secretary Spencer.

Davis & c allowed 20 lbs. more out of their Money a Chest of
Medicines Chirurgeons Instruments

King Wm by his Letter dated 14 November 1689 appoints Francis
Nicholson Esqr Lieut Governor of Virginia.

And 2d of January 1689 gives him instruction to repair to his
Government and to Communicate his Commission to the Council and
after Administration of the oaths (to be taken by him) by the President
and Council to take upon him the Government of Virginia until the
Arrival of the Governor in chief pursuant to himself and to himself
500 lbs. per Ann0 from the Date of his Commission till his Arrival and
afterward 1000 lbs. per Ann out of the Revenue of 2 Shillings per Hhd
on Tobacco.

January 16. 1689. Col° Hill raises 50 Armed Men to go in search
for Gold mines without Licence, summon’d to appear before the Coun¬
cil on the 4th day of next General Court to answer for his high Con¬
tempt.

Executive Journals, Council of Colonial Virginia

523

Two Justices of Nancemond Ordered to appear before the Presi¬
dent, and Council on the third day of Next General Court to Shew
cause why that Court of that County refused Thomas Tilly an Appeal.

The Persons who Murdered Mr Payne in Maryland apprehended
and Committed till his Majesty’s Pleasure should be known

A Negro ordered to be whipt

One Middleton for calling Capt Hack a Papist Son of a Bitch and
a Papist Son of a Whore ordered to give Bond for his Good Behaviour
and suspended from keeping Ordinary

An Order for Collecting the Library given by the Bishop of London
dispensed in Several hands the Council order the Court of Surry to ad¬
judge a Negro Woman and Child of Nich Merewether — tho three
Months be expired she having been Sick after the Court had refused.

King Wm and Mary by Patent dated the 17 January 1st of th..ir
Reign appoint Wm Cole Secretary in as large and ample Manner as
Secretary Spencer held it

And by Petition of Doctor Payne being informed that his Brother
John Payne Collector of the Customs in Maryland was barbarously
murdered in the Execution of his Office by several Confederates with
Major Seawell late Deputy Governor Commds the Governor if any of
the Malefactors be found there they be apprehended and if the Fact
was committed they should be brought to a Speedy Tryal or if it was
committed in Maryland that they should be sent thither by Letter 6
April 1690.

June 3: 1690 Col° Nicholson sworn Lieut Governor his Com¬
mission bearing date November 14. 1689.

L. Governor communicates to the Council another Petition of
Davis and others for their Money & c their Petition Lord Howard’s
Order for the sending home this Money & c In Order to its being de¬
liver’d to Sir Robert Holmes. Ordered that the same be sent home ac¬
cordingly except 300 lbs. reserved for the payment of their Debts

June 4 Lord Bishop of London’s Commission to Commissary
Blair laid before the Council for which they return their thanks for
appointing so worthy a person and acquaint his Lordship the Com¬
mission can’t be Executed without some Expense

Council apply to his Majesty to purchase the Northern Neck
Grant, and to order that all Officers of the Government may reside in
the Colonv

June 5. Robert Thomas Ordered to be taken into Custody till
he give Bond not to trade or have any Correspondence with the Indians.

July 25 The Governor supplicates the King and Queen for leave
to seat the uninhabited parts of this Country reserving to the Indians
such proportion of Lands as they shall declare themselves satisfied with.

July 26. The Council Supplicate the King that no grant be con¬
firmed to the proprietors of North Carolina beyond the latitude of 36.

August 16. Several Persons escaped from Barbadoes apprehend¬
ed here and Committed by the Council till they give Bond for their
Appearance here wffien called for and not to depart the country till the
Matter is further inquired into.

The Government being informed by the Government of Maryland

524

Executive Journals, Council of Colonial Virginia

that one Capt Richd Hill had uttered several treasonable Words against
the King and raised forces to oppose his Governor and was in the
Fleet then bound to England and Ordered that he be called for and
give Security to render himself to the Secretary of State to answer such
things as should be objected against him.

Ordered that none of the Sherifs Order any precept of Col0 Philip
Ludwell as Agent of the Heirs of the late Lord Culpeper, and direct
Secretary Cole to Write to the Board of trade to acquaint them of Col°
Ludwell’s proceedings in his Agency of the Northern Neck and of his
appointing an Officer, called a Ranger General with divers unusuall
powers to take up Horses Cattle & c. and of his granting Lands as
Escheat altho’ they were not found to Escheat by any of the King’s
Escheators nor was there any Court Baron erected whereby it may be
found to Escheat

Council proposes a Post Office to be Erected

They represent the Case of the Northern Neck Charters and that
it will be for his Majesty’s service to grant the Lands there.

Governor Nicholson July 16: 1690 Issues a Proclamation for re¬
pealing this Act and the 3 d of June 1690 publishes his Accession to the
Government and continues all Officers .

Governor issues a Proclamation commanding the Laws of England
and this Colony (against prophaning the Sabbath and against the Sins
of Cursing, Swearing Drunkenness & debauchery to be put in Execu¬
tion as also the several Acts for the well Ordering of Negroes

Lord Hallifax CPS and others write to the Lord Howard to pro¬
claim King William and Queen Mary and

King Wm sends Lord Howard’s Commission to Governor Nich¬
olson and orders him to put it in Execution with the Instructions by
Letter dated 13 November 1690.

Governor Nicholson 2 December 1690 Issues a proclamation com¬
manding all Justices of Peace Militia and other Officers to put all the
Penal and other Laws in Execution strictly and that the Justices of
Peace do take Care that there be Surveyors of the High ways and Con¬
stables duly appointed Prisons Pillories and Stocks set up, Grand Juries
Elected and sworn out of the most substantial Inhabitants of their
Counties and have in charge to present all Parishes (that are without
Ministers) that do not provide Readers and that have not Legal Ves¬
tries that do not take Care to put the Act for processioning in Execu¬
tion and all Ministers Readers and Clerks that do not keep a Registers
of all Births Burials and Marriages All Ministers marrying any Persons
(that are not legally published in Church) without Licence All Nu-
sances in the H Ways Rivers and Creeks Retailing Liquors without
Licence Ordinary keepers Selling at rates exceeding the Law. And
such as have not Entertainment for Men and Horse as the Law pro¬
vides All persons planting less Corn than the Law requires, planting after
the last of June, making Seconds, All Officers charging Exorbitant fees,
All Sherifs taking Levies of People not listed and not accounting for
them to the County, Concealors of Tithables, Millers taking Excessive
loll, divulgers of false News to disturb the peace breakers of the peace
Rioters or Persons guilty of treasonable or illegal Associations, Persons

Executive Journals, Council of Colonial Virginia

525

guilty of entertaining Negroes Persons guilty of the Breach of any other
Laws of this Country or shall speak contemptuously of the Laws of
Virginia and Premisses. All Informers shall have the part allowed
them by Law. Commands the Militia Officers to muster their Men ac¬
cording to Law. Sherif ordered to raise so many of his County without
further Warrant as shall be Sufficient for the apprehending any out¬
lying Slave which they shall have Notice of and to put them in Irons.

The same day writes a Letter to all Sherifs to this Effect that he
had spoke with the Reverend Mr James Blair who is appointed by the
Right Reverend Father in God Henry Lord Bishop of London, Com¬
missary of this their Majesty’s Territory and Dominion of Virginia who
intends God willing in the Spring to make a General Visitation and
hopes that every County will be in such that he will have

no reason to punish any and to that End I have herein sent you their
Majesties Letter to the Right Reverend Father in God the Bishop of
London which he requires to be published at the County Court and
every Church in his County

And being informed by Mr Auditor Byrd that great Quantities of
Lands were held for which no Quit Rents were paid, he requires the
Sherifs to return a perfect ren[t]roll and to that End to demand of every
person their Patents and Evidences.

Commands the Militia Officers to list all Tithables except Slaves
and two White Servants in a family, and that all Justices should take
an Account of all the Stores Ammunition & c and that no Person Con¬
ceal the same and that all disorders occasioned by Drinking be pre¬
vented, and Vagabonds be proceeded against

Requires the Sherif to demand of his County a list of all tithables
and to demand of the Surveyor a Copy of his Commission and Instruc¬
tions and to give an Account who are great promoters or discouragers
of the good design of a free School or Colledge and what Lands in their
Counties have been given to either of those uses And to acquaint the
Ministers he expected they should observe the feast and fast Days.

16 January 1690 Issues a Proclamation prohibiting any person
to go beyond the Inhabitants to trade with Indians the Law licensing
that trade being expired whereby the Laws against were revived and ap¬
pointed what places Merchant Ships shall ride according to the Act
made 1667.

February 18 1690 The Council order the Parish of Southwark
to provide for a poor Man till it be determined what Parish he belongs
to.

19. Council Order the Sherif of Elizabeth City to suspend an
Order of the County Court for binding Geo. Waufe to good Behaviour

Quakers prohibited to meet without performing what is required
by the Act for Toleration

27 February. Lord Effingham’s new Commission and the Lieut
Governor’s Communicated to the Council.

March 7. 1690. Governor’s Instruction’s read and Instructions
for Erecting a Court of Exchequer refered to a further Council

April 15. 1691 Peter Beverley appointed Clerk of the House of
Burgesses

526

Executive Journals, Council of Colonial Virginia

April 21. 1691. Richard Lee, Isaac Allerton and John Armstead
Esqrs refuse to take the Oaths which reducing the Number of the Coun¬
cil under 9 Edmund Jennings Esqr is appointed.

Joseph Bridger petitions the Council setting forth that by the
Stat 3 Jac 5th Popish recusants should be disabled from being Exec¬
utors and Administrators or Guardians and that one Peter Blake a
known Papist had the Custody of Thos Honros and ordered that if it
appear to the County Court that Blake is a Papist that they remove
him

May 6. The Council give their .Opinions that a Court of Exche¬
quer and a Court of Admiralty are of absolute necessity for his Ma¬
jesty’s Service and that one Judge a Register and Marshall may be
Sufficient for both Courts and they supplicate the Lords of trade and
Plantations beseech his Majesty that rules and Methods for the pro¬
ceedings in the said Courts there having been neither of these Courts
ever in this Country and to direct what allowance shall be made to the
Judge Register and Marshal

A Master of a Ship Summon’d up from Norfolk to give his Deposi¬
tion concerning persons being carried out of the Country who was In¬
debted to Geo. Marable.

May 15. 1691. Vestries ordered not to entertain Ministers who
cannot conform himself to the Canons of the Church of England and
all Vestries that are not legally Chosen are to be dissolved and legal
Vestries Chosen.

May 18th Several persons have been deputed to grant Marriages
Licences who had not done their duties it is Ordered that None but the
first in Commission of the Peace Sign any such Licence

50 lbs. Sterling allowed the Clerk of the Council instead of 40 lbs.

May 23. Council Order the Militia Officers not to list the follow¬
ing persons, 1 st in Commission of Peace Physicians Chirurgeons Readers
Clerks Ferrymen Negroes

June 4 Edmond Jennings Esqr sworn of the Council

Henry Jenkins appointed Master of a Ship he being for her in a
Plantation Bond

28 June. Governor Nicholson issues a proclamation requiring all
Justices and Church Wardens to return to the Secretary’s Office under
their respective hands a perfect abstract of the Levies that Year and
that Births Marriages and Burials be duly registered and that the Jus¬
tices take Care that Courts be not adjourned and the business dis¬
patched and that the Laws for the Justices Attendance be put in Ex¬
ecution

Lords of the Admiralty send the Henry Prize to attend & Guard
the Service of Virginia and to observe the Orders of the Chief Governor
there June 16. 1691.

The Government of New York desire a Supply of 150 Men to be
sent there from this Country to assist them against the French, and
Canada Indians upon which the Council order Auditor Byrd to pay
102 lbs. 15 Shillings 9 pence being the Ballance of the Revenue here
for Support of the Government.

August 1st 1691. The wretched State of this Country represented

Executive Journals, Council of Colonial Virginia

527

to the board of Trade and Lord Nottingham Secretary of State and
desire that the Quitrents may be applied to the use of the Government
when the other Revenue fall short.

The Council represent the inconveniency of the Claim of the pro¬
prietors of North Carolina to the Degree of 363/2 whereby the Revenue
wil be lessened and great Quantities of Land taken away which were
granted by the King.

The Court of Northumberland having taken upon them to make
by Laws, their Laws are suspended and 3 of the Justices ordered to be
taken into Custody till they give Security for their Appearance on the
4th day of the General Court

Ordered that a person suspected of Murder be taken into Custody

& c

Edwards gives up his Office as Clerk of the General Court and
Miles Cary is sworn in his Room

Edwards sworn Clerk of Council, and ordered to take the Council
Books out of the Secretary’s Office and keep them

Secretary Cole ordered to Correspond with the Secretary of the
Board of trade, and to communicate to him all the publick transactions.

King Wm gives his Letter to Chr. Robinson to be sworn of the
Council dated 26 October 1691.

Edward Randolph appointed Surveyor General of the Customs in
the several Colonies and Plantations upon the Coast of America by
the Customers of the Customs.

April 1 : 1692 Lord Effingham being charged with Male Adminis¬
tration sends several Quaeres which the Lieut Governor Proposes to the
Council

Secretary Cole ordered not to give the County Court Clerks Power
to name Deputies

Several Quakers petition for Places to be appointed for their meet-

ing.

Andrew Hamilton appointed post Master General of the North
Part of their Majesty’s plantations and Colonies by Sir Robert Cotton
and Thomas Frankland Post Master General of the Kingdom of Eng¬
land appoint Peter Heyman his Deputy by his deed dated 18 April
1692

21. April. The Ketch Crane running a Shore at the Mouth of
Nancemond some of her goods were taken out and put on board a
Sloop, for which she was Condemned, and the Master Wm Pennil pe¬
titions the Council for favour, and she was delivered upon his giving
Security to pay the King’s 3d part and a 6th part to the Governor un¬
less he could obtain a grant of those parts.

Resolved that the best way of Selling Quit Rents was by way of
Publick Sale at the General Court Housedoor.

Ordered that all persons who have any Lands granted to them in
the Northern Neck as Escheat should deliver the Coppies thereof to
the Sherifs

His Excellency Francis Lord Howard of Effingham their Majesty’s
Lieut and Governor General of Virginia having sent three Letters to
the Right honble Francis Nicholson Esqr their Majesties Lieut Gov-

528

Executive Journals, Council of Colonial Virginia

ernor of Virginia dated November 28 December 12 and december 26:
1691 his Honour caused them to be read and being in the said Letters
taxed for doing several things which he ought not to have done pro¬
posed to us their Majesty’s Council of Virginia aforesaid whose names
are Subscribed the Several Questions following and desired we would
faithfully and Truly resolve and answer the Same Viz4

Question, Whether since he came to this Government he had ever
Acted any thing of Moment without the Council’s advice?

Answer. Not that is known to us but hath very often called us
together for their Majesties, and this Country’s Service and therefore
hope his Excellency & c will mind his promise of getting our Salary made
500 lbs. Sterling.

Q. Whether ever the Council heard or understood that at the
last General Assembly he used any Clandestine or private Means with
the House of Burgesses to accomplish any design?

A. We never heard or understood he did

Q. Whether (if there were occasion) he had Power to appoint
Officers or had ever appointed any but such as well deserved the same?

A. It appearing by his Majesty’s Commands sent with the Com¬
mission and Instructions that his Honour hath the full power of Exe¬
cuting the said Commission during his Excellency’s absence we are of
Opinion his Honour hath Sufficient good Power and hath never put
any person into any Office fit for a Councellor but a Councellor where
there was one Convenient and was very careful in appointing such
persons Officers as were Judged properest for their Majesty’s Service.

Q. Whether Mr Henry Hartwell Mr Cr Robinson Majr Charles
Scarburgh did in the least misbehave themselves in the last Assembly?

A. Not that we know or ever heard.

Q. Whether Mr Luke should be made Sherif of Staf¬

ford County as his Excellency proposed?

A. It is our Opinion that Capt. Geo. Mason the present Sherif
hath had the place but one Year be continued the Ensuing Year.

Q. Whether Mr Henry Thacker should be added to the Commis¬
sion of the Peace and made Sherif of Middlesex County as his Excel¬
lency proposed?

A. Mr Robert Dudley the present Sherifs having had the Profits
of the said place but one Year and officiated three Months for the
Widow of another person it is our Opinion he be continued the ensu¬
ing Year and that Mr Thacker be added to the Commission of the
peace for the said County.

Q. Whether Mr Auditor Byrd should Audite the Duties arising
due by the Imposition on Liquors Skins & Furs?

A. It is our Opinion that if the Honble Wm Blaithwait Esqr Au¬
ditor General of their Majesties Revenue of this Colony shall impower
him to do so he ought to do it Otherwise not.

Quest. Whether according to his Excellency’s proposal Edmd
Jennings Esqr should be turned out of his Collector’s place if he would
not pay the Agreement made with his Excellency for the same and if
the said Jennings had misbeheaved himself since he was added to the
Council?

Executive Journals, Council of Colonial Virginia 529

Answh We never having heard or understood the said Jenings
hath misbehaved himself in the place of Collector nor since he hath
been added to the Council done any thing unbecoming the Trust re¬
posed in him and their Majesties’ Instructions being considered where
it is said the Governor shall not hold any Place by a Deputy It is our
Opinion the said Jennings be not displaced from being a Collector

Q. Whether it was fit Edmund Jennings Esqr should reasume
his Office of Attorney General of whether he could lay it down without
their Majesties’ Leave?

A. The said Jennings being added to the Council and not hold¬
ing the place of Attorney General by Commission from their Majestys
It is our Opinion it is not agreable with the said Jenning’s place of
Council to be Attorney General and that he might lay it down with¬
out their Majesties leave as was formerly done by Col° Peter Jennings
and an Account that Mr Edward Chilton was appointed Attorney
General during pleasure was transmitted for England in the Journal
of the Council.

Q. Whether any Method in Ecclesiastical Affairs were used in
this Government?

A. None, save only that the Reverend Mr James Blair Acts as
Commissary for the Lord Bishop of London.

Q. Whether the Part of the Law for Ports & c relating to Furs
& c was conceived necessary?

A. It was proposed as a Means to procure the Confirmation of
the Laws and the House of Burgesses having proposed higher Rates
than is set on them they were moderated by his Honour and us.

Q. Whether it would have been for their Majesties Service to
have opposed Col0 Thomas Milner’s being Speaker of the House of
Burgesses?

A. It is our Opinion there was no reason to oppose the said Mil¬
ners being Speaker he being a Justice of Peace in Nancemond County
and placed first in that Commission by his Excellency.

Q. Whether the duties on Liquors should be disposed of without
the Approbation of the House of Burgesses as his Excellency proposed?

A. By Act the said Duty is to be disposed of by Governor Coun¬
cil and Burgesses and we conceive It ought not to be disposed of Other¬
wise.

April 28: 1692.

Christopher Wormeley William Cole

Edward Hill Ralph Wormeley

Henry Whiting William Byrd

Edmund Jennings John Lear

Queen Mary sends her Letter to Sir Edmund Andros dated 26
May 1692 to this Effect Whereas by our Letters Patents under our
great Seal of England bearing date the 17 February last We have given
unto Trusty and well beloved Tho3 Neal Esqr his Executors Adminis¬
trators or Assigns full Power and Authority to Erect Establish and set¬
tle within the Chief Ports of our several Islands Colonies and Planta¬
tions in America Office or Offices for the Receiving and dispatching of
Letters and Packets and to receive and deliver the same under such

530

Executive Journals, Council of Colonial Virginia

rates and sums of Money as the Planters shall agree to give or as shall
be proportionable to the Rates for the Carriage of Letters ascertained in
the Act of Parliament for Erecting & Establishing a Post Office To hold
Enjoy the same for the term of 21 Years under the Yearly Rent of Six-
Shillings and Eight Pence with such Powers and Clauses as are neces¬
sary in this behalf and Whereas Sir Robert Cotton and Thomas Frank-
land Esqr our Post Master General have at Nomination and Desire
of the said Thos Neal and in pursuance to our said Letters Pattents de¬
puted Andrew Hamilton to govern the said Post Office throughout all
the Colonies and Plantations on the Continent of N. America and all
the Islands lying near the same by Instrument dated 17 February last.
We have thought fit at the humble request of the said Thomas Neal
hereby to signify our pleasure that you assist and Countenance him
the said Andrew Hamilton his Deputy Agents and Servants in the
Management of the said General post office and in the due Execution
of all and Singular the Powers and Authorities contained in our said
Letters Pattents and that you issue such Orders and directions from
time to time as shall be requisite and fit for the better performance of
this Service.

July 5. 1692. Christopher Robinson appointed Secretary

Nicholson appoints the Collectors Notary Publics

Henry Whiting appointed Treasurer of the Duties arising by 2
Acts made 1691 in the Room of Edward Hill appointed by the Assembly
who had accepted the Office of Collector of the upper district of James
River which rendered him incapable of that Office. By Commission
dated 5 July 1692

Some Questions proposed to us their Majesties’ Council of Vir¬
ginia by the Right Honble Francis Nicholson their Majesty’s Lieut
Governor of Virginia which his Honour desired we would faithfully
and Truly Answer and is by us accordingly performed Viz*

Q. Whether when his Honour came into this Country it was not
generally discoursed by the People that they had been under some Ar-
b jtrary proceedings and whether they did not expect King William and
Q ueen Mary would show them great favour?

A. It appears by the Journal of the House of Burgesses they
greatly Complained of Arbitrary Proceedings and there was at their
present Majesty’s Coming to the Crown General Expectations of
great Favours from them.

Q. Whether the Council after his Excellency the Lord Effingham
& c was gone was not forced for their Majesties Service and Quiet of
the Country to mitigate things and not punish Offenders?

A. It is presumed it was thought for their Majesties Service for
it appears by the proceedings that Several things were mitigated and
the Inhabitants eased of some things they complained of.

Q. Whether we were not apprehensive if the Lord Effingham & c
had stayed the Country would have been in Trouble?

A. The Country was in a General Dissatisfaction when his Lord-
ship went away and there was great Cause to doubt that some Dis¬
turbance would have been if several of those things Complained of by
the House of Burgesses had not been moderated.

Executive Journals, Council of Colonial Virginia

531

Q. Whether his Honour’s Visiting all the Country several times
and Exercising the Militia had not been for their Majesties Service
and diverted the People from Melancholly Thoughts?

A. It hath been Judged so by the General Assembly and his Hon¬
our hath had their Publick thanks for the same.

Q. Whether his Honours hath not used all Possible Endeavours
against false trade and always given the Collector’s Strict Charge
therein and whether any New Method hath been used in the trial of
Ships seized

A. They have all been tried as was usual in former times ac¬
cording to Laws and his Honour the Lieut Governor hath always given
Strict Charge to the Collectors and being very careful and diligent in
Endeavouring to have all false traders discovered both in Direction
and his personal Endeavours and we are humbly of Opinion that if
their Majesties be graciously pleased to confirm the Law of Ports it
will be a great Means to discover them.

Q. Whether it were not his Honour’s constant Practice before
the breaking up of Councils after he had proposed what he thought
for their Majesties Service to ask if any of the Gentlemen of the Coun¬
cil had anything to propose and when he had proposed any thing of
moment he did not advise them to Consider of it?

A. It was his Honour’s constant Practice to ask if any of the
Council had any thing to propose and to Advise to consider of things
of Moment by him proposed.

Q. Whether what Mr Blair did was not before done by Others
impowered bv the Right Reverend Bishop of London?

A. Mr Temple by Virtue of a Power (as he said) caused the Clergy
to meet as Mr Commissary Blair did and since Mr Blair went away
nothing hath been done.

July 7th 1692

Wm Byrd John Lear

Edwd Hill Edmd Jennings

Hen. Whiting Chris Robinson

Cr Wormeley Hen. Hartwell

September 20th 1692 Sir Edmond Andros sworn Governor
Governor Nicholson sitting in that Council and Several others and
it was moved as a Question whether the Assembly was not dissolved
upon the New Governor’s Arrival.

Sir Edmd recommends the reviving the Laws and Officers fees

to be regulated. . .

Sir Edmond Andros appointed Governor in Chief of V lrgima by

Patent dated 1 March 4 W & M.

September 20. 1692 Sir Edmond signs the Test.

Sir Edmond by Proclamation dated 21. September 1692 con¬
tinues all Officers dissolves the Assembly continued by prorogation to
the 20 April November 1. 1692 .

Sir Edmond issues a Proclamation 12 May 4 Regni W & M Re¬
citing, that Peter Hevman was appointed D. P. Master and requires
all persons to be aiding and Assisting to him in the Due Execution of
his Office

532

Executive Journals, Council of Colonial Virginia

1 March 1692 Issues a Proclamation for a Solemn fast to Im¬
plore the Blessings of God upon the Consultations of the Assembly. &
April 5 1693 Issues an other for another fast to avert God’s
Judgment upon the Country being Sorely afflicted with the Measles
and 25 May 1693 another declaring that the said Thos Neal hath
power to set up Ferries over every River Creek, or Lake within this
Government where there is no grant yet made or given to any other
Person.

[Report from the Governor & Council in 1673 of an attack
by the Dutch on the Virginia merchant vessels.]

[Colonial Office, Class 1, Vol. 30, N° 511 fo 112]

To the Kings Most Excellenct Matie and the Lords of Yor Matie3

most Honble Privy Councell.

The Governor and Councell of his Maties Collony of Virginia,
In all Humility Present,

That on Fryday the 11th of this Instant July (which was but foure
dayes before the Fleet was ordered to Saile from hence) To our Very
great Griefe and Damage, arrived on our Coaste Foure Saile of Holland
Men of Warr from about thirty to Fourty foure Gunns Under the
Command of Jacob Bincke and as many Flushingers one of Six Gunns
and three from thirty to Fourty Six Gunns With one Fire Shipp, Under
the Command of Cornelius Everson Junior, and on Saturday the 12th
anchor’d in Lynhaven Bay Within our Capes; That upon their first
Arrivall on Fryday they were discover’d by our Centinalls on the
Coasts, and Speedy advice thereof Given to Cap* Gardner and Cap*
Cottorell, Who Commanded Yor Ma*ies Shipps here, Who prsently
Comanded Severall Masters of the abler Merchant Shipps in James
River on Board, and order’d them to Cleare their Shipps for Fight, and
press’d as many men as they thought fitt out of the Weaker Shipps;
But may it please Yor Ma*ie and yor Most HonbIe Councell, befor..
that Cofould] be Done Cap* Gardner Saw Eight Shipps of Maryland
Under Saile in the Bay who he judg’d would fall A prey to the Enemy
for Want of Advice, and therefore with Cap* Cottorell weighed Anchor,
and with them Six Merchant Shipps to Engage the Enemy thereby to
Save the Marylanders, Butt before they [came?] within Reach of Gunn
Shott foure of the Merchant Shipps came on Ground. One Stood
backe and one Commanded by Cap* Grove in Fighting came on Ground
Soe the Two men of Warr were left to encounter Six of their biggest
Ships. The two Smaller with the Fire Ship being not yett come upp
to them, Th.. Fight Continued with Great resolucon about three houres,
after which Cap* Gardner Supposeing Cap* Grove (who fought well
whilst on float) to be Gotte of [off] the Ground resolved not to lose
him, and Judging that the Enemy (if he Checkt them not) Would be
in with our Merchant Shipps Rideing in James River before they could
Gett from them, Hee tack’d alone upon them with Exterordnary Cour¬
age, and for at least one houre fought them all, Butt findeing himselfe
mistaken in the Condicon of Groves his Shipp, and the night in hand,

Executive Journals, Council of Colonial Virginia

533

it being A Quarter past Eight before the fight ended, He with as much
Courage and Conduct (and beyond the hopes or expectation of those
who Saw that brave Action) disingaged himselfe from them, as he had
before engaged them, and brought off all the Marylanders but one and
foure of ours which were on Ground, and Gave the rest, which Were
nere Fourty Saile almost A Tide Way before the Enemy, Which Un¬
doubtedly Saved Many who otherwise Would have bin lost, Butt have-
ing all his Great Masts and his Fore topmast desperately wounded,
and most of his Rigging Shott, he was forced with Cap4 Cottorell to goe
into Elizabeth River to Refitt wth Roapes & Sailes Which brought the
Enemy to Anchor, not Dareing to persue the James River Fleet in A
Strange Channell, and Leave Yor Maties Friggetts behind them, Two
and twenty of our Shipps Stood upp James River and the Rest went
under the Fort at Nancemond, Where the Enemy Looked on them
five Dayes but Attempted them not; Five of those which Stood upp
James River Comeing on Ground, They Sent upp three of their Small¬
est Shipps to them And Gott of one, and burnt the other foure, The
rest Getting above the Fort at James Towne were Safe; And here wee
expect it will be Objected that had not Soe long A Time bene given for
the Departure of our Fleet this Misfortune had bin Avoided; To which
wee humbly Offer this answer That Cap4 Cottorell arriveing here neere
the 20th of June, and representing to us Some Dayes after (in prsence
of all the Masters) that for want of Wood and Water and other neces¬
saries, he Could not be ready before the 15th of July, Was the Reason
for the appointing that Day; Next, the Masters of the Yorke Shipps
were not ready till then, and the Enemy was within our Capes before
the most Considerable Shipps of Maryland came to us besides Five
Saile in Rappahanocke not Ready and two upp the Bay which in all
were two and twenty Saile; A Number Too Considerable to be left
behind by yor Ma4ie8 Convoy; This May it please Yor Matie and Yor
most Honble Councell being the true State of our Misfortune in the
prsent losse of Eleaven Shipps and Goods (wherein the Inhabitants of
James River bore A very Great Share) Wee thought it our Duty, for
the Better Vindication of our Selves from Such Injuries as the Mallice
of Some may indeavor to fix on us, by Misrepresenting us and our in-
deavors to Yor Ma4iea and most HonbIe Councell, To Sett forth in this
our Declaracon, the true State and Condicon of this Country in Gen¬
erali and our particular disadvantage and disabilities to entertaine A
Warr at the time of this Invasion, And therefore doe most humbly be¬
seech Yor Matie and Yor most Honble Councell to Consider that though
all that Land which now bares the name of Virginia be Reduced to
little more than Sixty Miles in breadth towards the Sea, Yet that Small
Tract is intersected by Soe many Vast Rivers as makes more Miles to
Defend, then wee have men of trust to Defend them, For by our neerest
computacon Wee leave at our backs as Many Servants (besides Negroes)
as their are freemen to defend the Shoare and on all our Frontiers, The
Indians, Both which gives men fearfull apprehentions of the danger
they Leave Estates and Famelies in, Whilst they are drawne from their
houses to defend the Borders, Of which number alsoe,_at least one third
are Single freemen (whose labour Will hardly maintaine them) or men

534

Executive Journals, Council of Colonial Virginia

much in debt, both which Wee may reasonably expect upon any Small
advantage the Enemy may gaine upon us, Wold revolt to them in hopes
of bettering their Condicon by Shareing the plunder of the Countrey
with them, Nor can wee keepe any number of Soldiers long together
in A place for Want of provisions, For the aire being hott & Moist wee
could never yett find the way of keeping any Sort of Corne A Yeare
from being eaten out by Vermine, Which hinders our haveing publique
Magazines of provisions necessary for Such occations, and our men
(though there has bin Great Care taken in Exercizing them) haveing
for Many yeares bene unacquainted with dainger, Wee cannot with
much Confidence rely on their Courage against an Enemy Better prac¬
tized in the hazards of Warr; But May it please Yor most Sacred Matie
and Yor most Honble Councell, Their were many more difficulties from
this last attempt, for diseases this Winter before haveing destroy’d at
least Fifty thousand Cattell and their Owners to prserve them haveing
given them almost all their Corne Brought Soe great A Scarcity of pro¬
vision amongst us as men Could not have bene keept long together,
and the Enemies Arrivall being in A time, when all mens Cropps both
of tobacco and Corne lay hardest upon their Hands (being much in the
woods by reason of the great Raines which fell Some time before). It
Troubles them much to be drawne away from their Worke (though
for their Comon defence, Yet notwithstanding these & many more
disadvantages they appeared Soe ready in Every place that the
Enemy desended not on the Land though they wanted water to great
Extremety, The Losse then being wholly on the Shipps and Loading
(Except some fugative Servants who escapeing our dilligence gott to
them and were Carryed away) Our industry for their defence wee hum¬
bly hope will appeare in this that that their was not a Ship lost which
run not on Ground before She gott within the protection of one or
other of our*Forts, Nor did Yor Maties Shipps or any of the Merchant
men want any Assistance wee Could possibly helpe them too, Though
in this alsoe their lay very great difficulty, For In these times of warr,
the Merchant gives our Inhabitants Soe very little for their labour
as will not Cloath them and their Famelies, Which Soe disafects them
as they rather rejoyce at their losse, then Shew any desire to defend
them nor would they have bene brought to appeare for them by any
other Motive then the affection they have to the Gentleness and Jus¬
tice of the Govern m4 they have Soe long lived under, Yett though wee
have Certainly done our utmost for them to our Very great expence and
hazard of our Cropps Wee expect a Complaint against us for not haveing
A Fort at Point Comfort, which Some Suppose wold have prvented all
this losse, though the Considerablest part of it happend farr off in the
Bay beyond the reach of any Gunn; To which Objection for our Jus¬
tification Wee doe humbly Offer our Reasons to Yor most Excellent
Matie and most Honble Councell against A Fort there, because it being
A direct Chanell and A great Tide, A Shipp may ride in Safety in the
Bay till it hath A Good Wind and upon A Tide may runn by A better
Fort, then all the Wealth and Skill of this Countrey can build, Espe¬
cially Considering the distance they may goe from it, which were it
but halfe A Mile wold be to farr for us to depend Certainly on its de-

Executive Journals, Council of Colonial Virginia

535

fence; Then, the time of Loading being five or Six Monthes in every
River, Wee thought it best to build Forts in the Most Convenient
places for their defence, during their Stay, Rather then one at Point
Comfort, which at best Could but Secure James River, Butt by these
two losses Receaved the last Warr & now they doe conclude it neces¬
sary that Point Comfort were fortified Soe as to Secure their Comeing
together, and wee doe truely wish Soe too, But Since wee beleive the
doeing or not doeing of it will Something depend upon our advice to
Yor Matie Wee dare not propose A battery of lesse then fourty of
fifty dimmy [demi] Canon and Culvarine of A Good length, And that
will Cost Considering the inconveniency of the place (which affoards
not Soe much as A Foundation to build on, much lesse any Materialls)
at least Fifteene thousand pounds Sterling, which being A Some wee
have not in our power; The Publique revenue not Exceeding two and
twenty hundred pounds A Yeare of which the Governor has twelve
hundred, The Councell two hundred and the rest expended in neces¬
sary w'orkes, and the labour of our Inhabitants Scarcely Cloathing
them, Wee humbly hope Yor Matie will not expect it From us, Nor
Dare wee propose lesse Strength, least A Weaker defence Should leave
the Shipps (by depending to much upon it) more open to the Attempts
of the Enemy then hitherto they have bin; And if yor Matie Shall be
graciously pleased to build Such A Fort as wee propose, Wee are not
able to maintaine A Garrison in it Unlesse their be Such duties laid on
Shipps through the whole Countrey as may Support the Charge For
Soldiers will not Serve for tobacco, because the Merchants (working
on their necessities) give them Soe little for it as A Y eares Sallery will
hardly Cloth them, And the prsent Fort Duties are Soe Small as not
to pay the Gunners finde powder & repaire them, but Most of that
Charge lies upon the Countrey But Wee Doe most Humbly Offer it to
Yor Matie and Yor most Honble Councells Consideration, Wether it
may not be better to Send a Convoy proporconed to Such Strength as
the Enemy may bring against us, Which may in Some Measure be
knowne, by advice of their first Setting out, And that the Charge of
Such Convoy lie Upon the Fraight of the Merchant men, And to ease
them of part of the Charge every hired man of Warr may be permitted
to take in two teire of tobacco in the hoald Which would Serve to
ballast them and not hinder their workeing Such A Convoy would Se¬
cure the Shipps and us, who dare not be Soe Confident in our defence
(the dainger of our Servants and the Indians Consider’d) as not to give
your Matie This State of our prsent Condicon and to implore Your As¬
sistance; And haveing thus in all humidity laid our Cause before Yor
Matie and Yor Most FIonbIe Councell Wee appeale to Yor Goodnesse
and Justice to Determine of it Most Heartily praising God for his
favour to us in giveing Your Matie Soe discerning a Judgment and
Soe tender A heart towards all Your Subjects And for Assisting you

536

Executive Journals, Council of Colonial Virginia

with Soe wise A Councell As wee doubt not Will direct all yor great and
Royall Undertakeings to a Glorious end Which is the earnest Desire of

Yor Maties

Most Loyall and Obedient

Subjects and Servants
Will: Berkeley
Hen: Chickeley
Edward Digges
Tho: Lu dwell
Nathaniell Bacon
Augustin Warner
Henry Corbyn
Daniell Parke
Tho: Ballard
Nicho: Spencer

[Two Orders of the Council of Virginia not contained in the proceedings
heretofore printed in this volume.]

[From C. O. 5, Vol. 1406, 1st paper]

[This is a paper endorsed:- “Virginia Copy of the Minutes of Coun¬
cil of Virginia from the 25 September 1680, to the 22 April 1707, re¬
lating to the Bounds between that Colony and the Province of Caro¬
lina. referred to in Col: Jennings Lre: of the 24 June 1708.

Reed: 8 September \ 1708.”

Read J

Containing :-

p. 1. Copy of a letter from Lord Culpeper to the Governor &
Government of North Carolina. 8 July 1680 — that the inhabitants of
Blackwater & Carrotuck holding their lands of Virginia, he is authoriz¬
ing the sheriff to receive the Quit-rents & c.

p. 1. contd Copy of a letter from Lord Culpeper to Adam Keeling
the sheriff as above. 8 July 1680:]

[Then comes the following order:]

At a Council held at James City ye 25th of September 1680

Present

Sr Henry Chickeley Kn1 Deputy Governor & c

Upon the reading the Letter from the Government of Carolina
& *Remonstrance therewith sent Its Ordered that Mr Secretary trans¬
mitt ye same to his Excy the Lord Culpeper that by his Lordship the
same may be represented to his most Sacred Majesty & most honble
Lords of the privy Council And it is likewise Ordered that pursuant to
an order of the last Assembly the Sherif of Lower Norfolk County do
proceed to collect Levys of the Inhabitants of Carrotuck as hold their
Lands by Patents from this Government, and that Mr Secretary write
to him effectually therein.

★Neither the letter nor the remonstrance has been found.

Executive Journals, Council of Colonial Virginia

537

[p. 3 contd Copy of a letter from Sir Henry Chickeley to the
Sheriff of Lower Norfolk. 29 September 1680. requiring him to proceed
in spite of obstructions received.]

[Then comes the following order:]

At a Council held at Green Spring May 22 d 1683

Present

His Excellency Thomas Lord Culpeper Governor & c

Collonel Anthony Lawson the present Sherif of Lower Norfolk
and all succeeding Sherifs are hereby Ordered and Required pursuant
to an order of Assembly made in 1680 and directions thereon given to
Captain Adam Keeling then Sheriff thereof to demand ask Levy re¬
quire & receive Quittrents Levys fees and all other publick dues from
the Inhabitants of Currituck & all others there adjoining that Claime
& hold their Lands by vertue of patents issued from the Secretarys
Office of this Government And in case of their or any of their refusals
or failures thereof that then he & they Levy the same by distress as in
ye like cases on any other his Matys Subjects of this Colony

[Proceedings follow dated 1688, 1690, and 1691 which have already
been printed in this volume.]

INDEX

A

Abbington, Andrew, collector of duties
in Potuxent River district, Maryland,
130.

Abington Parish, Gloucester County,
church trouble in, 327, 328, 329.

Accomac County, sheriff of, 12, 320, 446:
governors to visit, 126; powder sent
to, 185; quitrents collected in, can¬
not be sold, 198; collector for, 223,
224, 248; militia trouble in, settled by
governor, 263, 268; surveyor to be ap¬
pointed for, 283; William Carter ap¬
pointed justice in, 345; militia officers
of, 445; Ann Grey desires permission
to go into, 459; surveyor of, 460;
flight of Berkeley to, mentioned, 474.

Accomac County Court, order of, sus¬
pended, 326; to take bond of Edmund
Bowman, 508.

Accomac District, complaint against
collector of, 90.

Act of Indemnity, mentioned, 5.

Actions, suspension of repeal of act dis¬
posing amercements upon cast actions,
requested, 5, 6.

Adams, John, petitioner, 303.

Addison, Col. John, commander of
Maryland rangers, 376.

Administration, commissions of, to be
drawn up according to form, 86; let¬
ters of, how to be prepared and
signed, 464.

Admiralty, Court of, thought a necessity
by the Council, 177, 526; established,
379; Edward Hill, judge of, 413, 431;
fees fixed for officers of, and oaths
taken by officers of, 413, 414; cases of
forfeit of ship or plantation bond tried
in, 443; salaries of officers of, 449; to
try the “Providence”, 458.

Admiralty, Lords of the, order of, in re¬
ference to the ship “Wolf”, 297 ; or¬
ders of, in reference to sailing of ships
from Virginia, 298; letter from, 366;
send the “Henry Prize” to guard Vir¬
ginia, 526.

Admiralty, High Court of, institutes an
admiralty court in Virginia, 379.

Admiralty, special court of, fees allowed
officers of, 369.

“Adventure”, a ship, seized and burnt
by pirates, 450.

Aecokik Indians, letter from Governor
of Maryland in reference to, 367, 369,
370; settlement of, 368.

Africa, Scotch company formed for trade
to, 350; trade with, regulated, 516.

Agents, to represent Virginia in England,
8, 384, 385, 388, 389, 390; question as
to, referred to the General Assembly,
387; Mr., afterwards Colonel, William
Byrd, appointed, 394; salary of, 461.

Akehurst, Daniel, member of Council of
North Carolina, 427.

Alarm, general, described, 376.

Albany, fort at, great expense of, 295;
mentioned, 303.

Alcock, Robert, warrant issued for arrest
of, 27.

Aiding, William, security of, sued for
bond, 441.

Aldred, Capt. John, commander of the
“Essex Prize”, appears before Council,
394; to make report, 401; order is¬
sued to, 402; hands in reports, 415;
borrows powder for use on board ship,
421; complaint of, 423, 452; pilot as¬
signed to ship commanded by, 424;
mentioned, 445.

“Alebrough”, a vessel, mentioned, 231.

Ale houses, mentioned, 77.

Allamby, Capt. Thomas, appointed to
take depositions, 113.

Allcock, Edward, petitioner, 499.

Allen, Major Arthur, mentioned, 198;
juror, 204; complaint against, 366,
372; refuses to take oath, 372; sus¬
pended from position of surveyor, 507.

Allen, Captain Thomas, commander of
the “Quaker”, 67, 82, 90; testimony
of, 504, 506; justifies conduct of gov¬
ernor, 512.

Allerton, Col. Isaac, member of Council,
80, passim to 156, 513; appointed to
settle dispute between Charles City
and Surry counties, 103; to report on
guns and ammunition in Potomac
Fort, 117; refuses to take new oaths,
172, 526; naval officer and receiver for
Northumberland County, 450; to be
sworn member of the Council, 510;
John Waugh to appear before, 522.

Allerton, William, deputy collector, let¬
ter from, 387.

Allerton, Willoughby, colonel and com¬
mander-in-chief of Westmoreland
County militia, 444.

Allman, Thomas, wife of, accused of cut¬
ting tobacco plants, 24.

Amercements, suspension of repeal of
act disposing, requested, 5, 6.

540

Executive Journals , Council of Colonial Virginia

Amis, Thomas, excepted from proclama¬
tion of pardon to plant cutters, 494;
to appear before the General Court,
495.

Ammunition, men raised to protect
frontiers to be provided with, 9; at
Middle Plantation, in care of John
Page, 25; to be provided by collectors,
54; ordered from England, 106; re¬
port to be made on, 117, 125, 140, 155,
164, 426; act for better supply of,
120; petitioned for, 133; fines of de¬
linquents to be used in buying, 134;
message sent to England concerning
scarcity of, 143; law concerning, to
be enforced, 215; stored in brick
house, 261.

Anchors, lost, not to be kept by finder,
267.

Anderson, Charles, minister of Westover
Parish, 288; gives information as to
improper marriages, 309, 310.

Anderson, Richard, made justice of
peace, 411.

Anderson, William, assists in arrest of
Edward Randolph, 284; suspended
from office for assisting in arrest of
Edward Randolph, 287.

Andros, Sir Edmund, governor, 269,
passim to 392; vice-admiral of the
■ rivers in Virginia and the adjacent
seas, 270; letter to, from Governor of
Maryland, asking for return of two
persons accused of murder, 271; proc¬
lamations of, 290, 291, 292, 293, 294,
305, 306, 307, 308, 317, 403, 405, 406,
531; said to have predicted a revolu¬
tion in England, 302; advised by
Council to proceed to Maryland, 311;
asked to become a member of the board
of governors of William and Mary Col¬
lege, 318; speech of, 324; Commissary
Blair’s reflections on, 325; salary of,
331, 348, 383; lends money for expe¬
dition to New York, 343; accused of
unfriendliness to clergy, 356; sends
in an account of William and Mary
College, 365; asked for certain papers,
401; mentioned, 402, 465; letter to,
416, 529; proclamation of, referred to,
416; order of, 459; sworn as gov¬
ernor, 531.

Anglesey, Lord, keeper of the privy seal,
appointed member of the Committee
of the Privy Council to manage af¬
fairs of the foreign plantations, 485.

“Anne & Catherine,” a vessel, men¬
tioned, 174.

“Anne and Mary," a vessel, mentioned,

120.

Appeals, from General Court to Assem¬
bly, 1 ; general order of, from County
Courts to the General Court and from
the General Court to the General As¬

sembly, 478; regulations as to, 495,
516, 517; from Governor and Coun¬
cil, to General Assembly, not to be al¬
lowed, 516, 517.

Applewhaite, Capt. Henry, to appraise
the “Crane”, a vessel, 234.

Appomattox Creek, mentioned, 154.

Appomattox Indians, two of tribe to be
present at confirmation of articles of
peace, 71.

Appomattox River, Indian shoots Eng¬
lishman on, 370.

Apprentices, complaint of adminstrators
of Christ Church Hospital regarding
apprentices sent to Colony, 262.

Arburck, - , letter and papers

concerning affairs of Colony sent by,
16.

Archer, Capt. James, to survey His Ma-
jecty’s stores, 38.

Archer, William, juror, 174, 242.

Arlington, Lord, quitrents granted to,
489; assigns his rights in Virginia to
Lord Culpeper, 503.

Arminger, Capt. William, to call militia
to arms at Middle Plantation, 18.

Armistead (Armestead, Armstead), Cap¬
tain, afterwards Major, Anthony, to
take depositions, 113; to sell certain
things by auction, 121; complaint of
Elizabeth City County court against,
309; major of Elizabeth City County
militia, 444.

Armistead (Armstead), Major, after¬
wards Colonel, John, sheriff, 10; or¬
dered to arrest two women, 24; mem¬
ber of Council, 89, passim to 156, 513;
to report on guns and ammunition in
York Fort, 117; commander-in-chief
of Gloucester County, 145; refuses to
take new oaths, 172, 526; named a
member of the Council in Nicholson’s
instructions, 398; recommended to be
member of Council, 512; sworn mem¬
ber of the Council, 519.

Arms, men raised to protect frontiers to
be provided with, 9; at Middle Plan¬
tation, in care of John Page, 25; re¬
port to be made on, 117, 125, 164, 426;
act for better supply of, 120; act im¬
posing fine for not providing, 133;
petitioned for, 133; act for providing,
to be read semi-annually, 134; fines
of delinquents to be used in buying,
134; message sent to England con¬
cerning scarcity of, 143; distributed
by militia officers, 185; gunsmiths re¬
quired to repair, 215; law concerning,
to be enforced, 215; stored in brick
house, 261; in all the counties, to be
inspected, 411; all planters and Chris¬
tian servants to be provided with, 516.

Arnoll, Thomas, commander of the
“J'effryes”, a boat, 118.

Index

541

Arrests, law in reference to, as applying
to the inhabitants of James City
County, 60, 61.

Arronoko. See Orinoco.

Articles of peace, mentioned, 4; Wm.
Byrd commissioned to ratify, 72;
Indians complain about colonies not
giving assistance according to, 259.

Ashton, James, released from contract,
14.

Assembly. See General Assembly.

Association (of Virginia counties), mon¬
eys collected by, 8.

Association, drawn up on receipt of news
of escape of King William, 346, 357.

Association (oath required by act of
Parliament), subscribed by governor
and members of the Council, 399.

“Assurance” (“Assureance”), a ship, let¬
ter from commander of, 225; men¬
tioned, 231, 296.

Atkins, Robert, opinion of, 479.

Attorney General. See Chilton, Ed¬
ward; Fowler, Bartholomew; Jen¬
nings, Edmond; and Randolph, Will¬
iam.

Attorneys, act concerning, revived, 61,
62; Secretary Spencer empowered to
issue commissions of, 62, 501; act
concerning, repealed, 116, 120, 270,
500, 521.

Auction (outcry), articles belonging to
vessel to be sold at, 121; quitrents to
be sold at, 198.

Auction finch of candle), ship to be sold
by, 264.

“Augustine”, a vessel, mentioned, 18.

Austin, Bartholomew, in custody of
sheriff of James City, 28; to be tried
for treason, 36; plant cutter, 491 ; ex¬
ecuted for treason, 495.

Aylward, William, warrant issued for
arrest of, 109; in custody of sheriff,
110; accused of murder, 163; to be
tried in Maryland, 166.

Ayres, John, to appraise vessel, 243.

B

Babb, Edward, part owner of the ship
“Lyon”, 492.

Bacon, Capt. Edmund, orders to, re¬
garding Indian affairs, 52.

Bacon, Col. Nathaniel, member of Coun¬
cil, 1, passim to 162, 470, 477, 489, 513;
auditor, 6, passim to 97; letter to,
from Lord Culpeper, 16; ordered to
make no payments exceeding five lbs.
sterling, 44; meeting of Council held
at house of, 78, 110, 205, 217; asks
to be permitted to retire from office,
102; president of Council, 103, pas¬
sim to 112; paid money advanced,
125; accounts of, 218, 464, 465; Lewis
Burwell executor of estate of, 239, 261 ;

executors of, to pay certain public
money to William and Mary College,
295; sits in trial of Philip Ludwell,
470; mentioned, 474; money to pay
foot companies sent to, 485, 487;
signs report as member of Council,
489; certain moneys handed over to,
495; ordered not to pay any sums ex¬
ceeding 5 pounds with certain excep¬
tions, 495; to be furnished a complete
rent roll by the sheriffs of the counties,
496; to be president of the Council,
500; appointed to act as judge, 507;
warrant of, disobeyed, 510; with rest
of Council, to have charge of affairs
in Governor Effingham’s absence, 510;
resigns office, 511; appoints Wm. Cole
secretary of the colony, 521; signs a
report, 536.

Bacon, Nathaniel, Jr., estate of, indebted
to Thomas Ballard, 77; mentioned,
471.

Bacon’s Law, certain vessel made prize
according to, 475.

Baldwin, Capt. Christopher, to deliver
certain goods, 491.

Baldwin, William, land patented by, 372.

Ball, Joseph, lieutenant colonel of Lan¬
caster County militia, 444.

Ballard, Col. Thomas, Nathaniel Ba¬
con’s estate indebted to, 77, 253, 508;
signs a report, 536.

Ballard, Captain, afterwards Major, and
then Colonel, Thomas, juror, 204;
sheriff of County of York, 310, 446;
money paid to, 315, 349; called to a
meeting of the Council, 392; lieuten¬
ant colonel York County militia, 444.

Baltimore, Lord, complaint against col¬
lectors of, 56, 59.

Barbadoes, European goods brought to
Colony from, 13; persons from, status
of, to be inquired into, 523.

Barker, Othinell, illegal action of, 382.

Barley, proclamation prohibiting the ex¬
portation of, 51.

“Barnaby”, a ship, mentioned, 499.

Bartholomew, Charles, improper mar¬
riage of, 310, 312, 313, 314, 316.

Barton, William, assistance given to, in
moving ship, 445.

Bassett, Captain, then Major, William,
condemned vessel to be sold at place
of, in New Kent County, 264; major
of New Kent County militia, 444;
sheriff of New Kent County, 446.

Bastard, woman executed for murdering,
272.

Bateman, John, account of, to be paid,
351.

Bath, Bishop of, member of the com¬
mittee of the Privy Council, to man¬
age affairs of the foreign plantations,
485.

542

Executive Journals , Council of Colonial Virginia

Batt, Henry, submits himself to the
Court, 316.

Battaile, Capt. John, sheriff of Essex
County, complaint against, 347.

Batts, Capt. Henry, juror, 204.

Bayard, Nicholas, letter from, 190.

Bayley (Bayly), Richard, plant cutter,
case of, 36, 491, 494, 498.

Bayley, Richard, major of Accomac
County militia, 445.

Bayonets, petitioned for, 133.

Bayonne, ship from, 366, 368, 369.

Beall, Col., of Maryland, letter from, 342.

Beare, - , a pirate, takes a merchant

ship, 188.

Beck, William, meeting of Council held
at house of, 263.

Beckford, Robert, petition of, 380.

Bellamont (Belomont), Richard, Earl of,
Governor of New York, letter from,
409, 459.

Benefices, collating to, 515.

“Bengali” (“Bengal”), a ship, 212, 289,
315.

Berkeley, Sir William, governor of Vir¬
ginia, mentioned, 469, 471, 473; serv¬
ices of Philip Ludwell to, 474, 475, 476;
signs a report, 536.

Bermudas, mentioned, 520.

Berry, Sir John, presents sent by, to
Indians, 4; mentioned, 253, 475.

Berry, Capt. Thomas, commander of
the “Deptford”, 103 ; to take in charge
John Waugh and others, 519; agent
in prosecution in cases of piracy, 520.

Berryman, Christopher, order in refer¬
ence to, 510.

Berwick-Upon-Tweed, goods imported
from, 241, 299, 300.

Beverley, Mr., clerk of the Secretary’s
office, applied to by Mr. Commissary
Blair for pass to England, 363.

Beverley, Capt. Harry, to command
cruising vessel, 330; charges against,
341, 342, 344; paid for services, 345,
348; reports the “Gawin and Cather¬
ine” to be unfit for service, 347.

Beverley, Mrs. Katherine, widow of
Robert Beverley, 81.

Beverley, Capt., afterwards Major,
Peter, clerk of House of Burgesses,
170, 171, 277, 392, 525; clerk of Gen¬
eral Court, 285; called to a meeting
of the Council, 392; to sort out pub¬
lic records, 393; major of Gloucester
County militia, 444.

Beverley (Beverly), Peter, paid for
mounting guns, 331.

Beverley, Major Robert, mentioned, 14,
426; accused of inciting riots, 19, 21,
489, 490, 491, 492; clerk of the House
of Burgesses, official papers of, to be
seized, 20, 23, 489; prisoner on board
“Duke of York”, 20, 21 ; transferred to

the “Concord”, 21, 22; delivered into
custody of the sheriff of Northampton
County, 24, 25; escapes from custody,
25; to be tried by Council at James
City, 26; petitioner, 27; transferred
to the custody of the sheriff of James
City County, 29; guilty of misde¬
meanor, 36, 55; deceased, assembly
papers of, to be delivered to Ralph
Wormeley and Christopher Wormeley,
81, 510; excepted from proclamation
of pardon to plant cutters, 494; par¬
doned, 498, 499; declared incapable
of holding public office, 509.

Beverley (Beverly), Robert, to be clerk
of General Court in absence of Peter
Beverley, 285; made assistant clerk
of the Council, 350; appointed clerk
of General Assembly, 353; appointed
register of Court of Admiralty, 368;
clerk of the General Court, makes
agreement writh Mrs. Sherwood, 392;
cierk of the General Court, to sort
out public records, 393 ; paid for serv¬
ices, 396; complaint against, 424,426;

Beverly, William, entries made in Coun¬
cil book by, 428.

Beverton, Robert. See Beverley, Major
Robert.

Bills of exchange, money due by, to be
paid in sterling, 45 ; quitrents sold for,
137, 272.

Bin, Col. William. See Byrd, Col. Will¬
iam.

Bincke, Jacob, commander of Dutch
fleet making attack on Virginia mer¬
chant vessels, 532.

Bingley, James, money paid to, 349.

Binns, Thomas, mentioned, 442.

Births, to be registered, 148, 215, 508,
526.

Bishop of London. See London, Bishop
of.

Biss, James, submits himself to the
Court, 316.

Black, Peter, suit of, against Benjamin
Gill, 289.

Blackiston, Col. Nathaniel (Blackstone,
Nehemiah, in first entry in text), pres¬
ident of the committee for province of
Maryland, 129, 145; claims to be gov¬
ernor of Maryland, 298; governor of
Maryland, letter from, 456.

Blackwater, petition to survey and seat
land on southside of, 94; vacant lands
on southside of, 337, 338; Indian in¬
terpreters south of, 338; surveyors on
the south side of, 339; land on, 351,
361, 363, 366; entries made on, in¬
quired into, 362; lands on, commis-
missioners in reference to, 457; cer¬
tain land on, claimed by both Vir¬
ginia and North Carolina, 536.

Index

543

Blackwater Swamp, land on south side
of,_343, 357, 364, 373, 390, 411, 446,
457, 466, 467; certain land on, re¬
served for special use, 447; land on
south side of given to William & Mary
College, 304, 311.

Blades, Samuel, deceased, goods of, 491.

Blair, James, commissary of the Bishop
of London, commission of, 116, 154,
155, 523, 525; presents charter for a
college [William and Mary College],
294; petition and accounts of, re¬
ferred to House of Burgesses, 301;
rector of William & Mary College, pe¬
tition of, 304; cases of improper mar¬
riages referred to, 309; member of
Council, 314 passim to 365; opinion
of, as to license of Geo. Hudson, 323;
deposed from the Council, 324, 325,
330; list of surveyors received from,
347 ; restored to the Council, 350, 352 ;
accuses governor of unfriendliness to
clergy, 356; salary of, 358, 412, 462;
speaks of ill use of the clergy, 359; tells
of trouble between governor of Mary¬
land and Col. Daniel Parke, 360; ac¬
companies governor of Maryland to
Williamsburg, 361; applied for a pass
for England, 363; as native of Scot¬
land, said to be incapacitated from
sitting as judge, 364; sent for to at¬
tend Council, 365; present in Council
at signing of certain letters, 365; to
be made acquainted with instructions
as to church, 400; to pay ministers
who preached at General Court and
General Assembly, 440; refunded
money advanced, 461; connection of,
with church of Virginia, 529; men¬
tioned, 531.

Blathwayt (Blaithwait, Blathwait,
Blaythwaite, Blaythwayt), William,
auditor general for the American Col¬
onies, to be paid out of public revenue,
44; letter from, 90; salary of, 187,
255, 331, 383, 461, 495; certain infor¬
mation to be given to, 212; letter
from, concerning petition of the widow
of Thos. Jarvis, 237; to decide what
amount of money shall be paid into
the treasury by executors of Mr. Au¬
ditor Bacon, 240; request to be made
to, 258; to recommend way of in¬
creasing revenues of quitrents, 260;
mentioned, 528.

Blaice, Peter, said to be a Papist, 526.

Blanchevill, Charles, petitioner, 237.

Bland, Mrs. Anna, executrix of Theo-
dorick Bland, 1.

Bland, Giles, pursues Berkeley to East¬
ern Shore, 474, 475; opinion in refer¬
ence to agreement made by, 479; debts
of, 498.

Bland, John, of London, estate of, 1,57,

501-503; decision as to agreement
made by, with Giles Bland, 479.

Bland, Richard, justice of peace, ad¬
dresses of (2), 408.

Bland, Mrs. Sarah, executrix of John
Bland, of London, case of, 1, 57, 58,
497, 501-503; order in favor of, 498.

Bland, Hon. Theodorick, deceased, suit
involving estate of, 1, 501-503; to as¬
sist in surveying and laying out town
at Middle Plantation, 440; surveyor
of Charles City County, 460; bond of,
not to be put in suit, 479.

Blasphemy, John Cood, indicted for, 416,
418.

Blighton, George, produces a letter of
attorney, 415.

Blisland Parish, New Kent County, mur¬
der in, 359.

Block Island, mentioned, 450.

Blunt, Thomas, interpreter, 182.

Boats, to be furnished for use of collec¬
tors, 247 ; lost, are not to be kept by
finder, 267.

Boiseau, James, minister of St. Peter’s
Parish, 280.

Boisgaret, - , French prisoner of

war, released, 418.

Bolling, Robert, sheriff of Charles City
County, 277, 446; justice of peace,
addresses of (2), 408.

Bonds, commanders of vessels to give, 5 1 ;
for entry and clearing of ships, to be
put in suit, 362; navigation, procla¬
mation for respiting prosecution of,
421, 424.

Books [probably for records], to be paid
for, 297.

Bostock, Capt. Nathaniel, of the “Swift",
letter from, 378.

Bostock, Capt. William, petition of, 382.

Boston, allowance of, to post office, 311.

Bostwicke, Charles, charges against, 21.

Boundary, of Virginia and North Caro¬
lina, 427, 428, 429, 488.

Bowman, Edmund, to appear before the
Council, 508.

Bradford, Richard, petition of, 408;
made justice of the peace, 409.

Bradish, Joseph, accused of piracy, 450;
to be apprehended, 451.

Bradley, Abraham, makes charges
against Stephen Gregg, minister, 328,
329.

Bradley, Capt. Daniel, to inspect and re¬
port on the “Dunbarton”, 134.

Bradly, Robert, report on skins and furs
intended to be exported, 31.

Brandy, duty on imported, 66; im¬
ported contrary to law, 204.

Bray, David, justice of the peace, 284.

Bray, Capt. James, mentioned, 284; pe¬
tition of, 459.

Bray, Samuel, mentioned, 440.

544

Executive Journals, Council of Colonial Virginia

Bray, Mrs. Sarah, inquest held over body
of, 440.

Bray, Capt. Thomas, added to the com¬
mission of New Kent County, 421;
land taken up by, in Pamunkey Neck,
458.

Bray, William, North Carolina officer,
arrests William Fitz Gerard, 339; com¬
plaint against, 341.

Brest, expedition fitted out at, 333.

Brent, Capt. George, to furnish Potomac
garrison with provisions, 14; orders
given to, regarding Indian affairs, 52;
petition of, 334.

Brent Town, to be taken special care of
by rangers, 315.

Brewer, Mary, an infant, Catholic dis¬
qualified to act as guardians of, 433,
435, 436.

Brick wind mill, military supplies to be
kept in, 40.

Bridgeman, — , to be apprehended, 366.

Bridger, Col. Joseph, member of Coun¬
cil, 1, passim to 71, 470, 477, 489; (On
page 1 the name is erroneously given
as “John Bridges”.); commissioned
to raise men to protect frontiers, 7, 9;
collector in lower precincts of James
River, 13; death of, mentioned, 89;
early application of, to Governor Jef¬
fries, 476; appointed to act as judge,
507; death of, mentioned, 512.

Bridger, Samuel, captain of infantry,
208 ; lieutenant colonel and command-
er-in-chief of Isle of Wight County
militia, 443.

Bridger, Joseph, petition of, 526.

Bridgewater, Lord, appointed member
of the Committee of the Privy Coun¬
cil to manage affairs of the foreign
plantations, 485.

“Bristol,” a ship, mentioned, 380.

“Bristol Factor” to be permitted to sail,
289.

“Bristol Merchant,” to be permitted to
sail, 289.

Broadbent, Captain Joshua, testimony
of, 127; offers himself and sloop for
service, 354; to watch for illegal
traders, 354; paid hire of sloop, 354,
384; petitions of, 373; information of,
against a sloop, 379, 380.

Broadstreete, Symon (should be Brad-
street, Simon), governor of Massa¬
chusetts, 137

Brooke, Chidley, receiver of the revenues
of New York, money to be sent to, 296.

Broomer, Thomas, supplies in charge of,
turned over to John Page, 25.

Brough, Coleman, justice of the peace,
309; sheriff of F.lizabeth City Coun¬
ty, 446.

Brown, John, master of the bark
"Union”, of Salem, 149.

Brown, Col. William, paid for use of
storehouse, 187, 255, 315.

Buckner, John, ordered to do no more
printing, 39, 493.

Buckner, Capt., afterwards Major, Will¬
iam, appointed on commission of oyer
and terminer, 370; called to a meeting
of the Council, 392 ; major York County
militia, 444; collector for the York
River district, 449; to examine a ship,
458.

Buffkin, Levin, permitted to dispose of
arms, 275.

Buller, Richard, skins and hides pre¬
pared for exportation by agent of,
seized, 60.

Bullets, musket and pistol, ordered from
England, 106; secretary to acknowl¬
edge receipt of, 121.

Burgesses, House of, writ issued for a
meeting of, 55, 78, 164, 212, 410; con¬
ference with, discussed, 96; appoint¬
ment of clerk of, postponed, 164; clerk
of, 170, 171, 277, 425, 525; gov¬
ernor’s address to, approved, 171;
from Eastern Shore, to confer with
Council, 228; speaker of, 239; sug¬
gest that laws be revised, 284; King’s
letter to be laid before, 300; Mr. James
Blair’s accounts referred to, 301; pe¬
tition of Mr. Secretary Wormley re¬
ferred to, 301 ; to consider matters re¬
lating to William and Mary College,
301; petition of Capt. Miles Sherman,
referred to, 302; affairs in New York
and Albany to be laid before, 303; en¬
couragement of post office referred to,
304; their Majesty’s letter as to as¬
sistance to New York referred to, 305;
address and “association” of, 357 ; ad¬
dress referred to, 359; opinion of, as
to four Indians, 374; heads of speech
to be made to, 388; member of, said
to be a foreigner, 389; clerk of, to give
governor list of papers, 401; place
for meetingof, 410; elections of, to be
regular, 410; committee to administer
oaths to, 425; committee to adminis¬
ter oath to clerk of, 425; opinion of
Council regarding abandoning certain
fortifications referred to, 433; recom¬
mended to raise money to pay public
debts and build state house, 435; opin¬
ion of, asked for regarding hiring boat
to cruise upon coast of Virginia, 437;
address of, to governor, referred to
Council, 447 ; thanksgiving proclama¬
tion laid before, 450; unite with Coun¬
cil in advising that thanksgiving proc¬
lamation be published, 453; salary of
messenger of, 456; clerk of, to be ap¬
pointed by governor, 509; journal of,
Robert Beverley’s irregularities as to,
492; letter of king in reference to, 509

Index

545

(Assembly) make charges to the gov¬
ernor against Col. William Fitzhugh,
509; address of, 521; position of, on
tax on furs, 529; complaints of, 530.

Burgesses, House of. Clerk. See Bever¬
ley, Capt. Peter; Page, Capt. Fran¬
cis; Randolph, William.

Burials, to be registered, 79, 148, 508,
5 26.

Burkett, John, juror, 242.

Burley, William, in custody of sheriff of
York County, 110; to be tried in
Maryland, 163, 166.

Burnham, Lt. Col. John, will of, 478-485;
land of, 492.

Burwell, Major Lewis, executor of Col.
Nathaniel Bacon, 218, 239, 261, 464,
465; complaint against, 366, 372; one
of a committee to inquire into the
burning of State House, 392; execu¬
tor of John Burnham, petition of, 479;
reply of, to answer of the Hon. Ralph
Wormeley to his petition, 481 ; further
reply of, 482; reply of, to petition of
Hon. Ralph Wormeley, 484, 485; or¬
der in case of, 492.

Burwell, Zuperan, warrant issued for ar¬
rest of, 27.

Butler, Capt. Thomas, asks assistance
in prevention of desertion, 335.

Butt, Thomas, deposition of, 180.

Buttons, imported contrary to act for
encouragement of trade, 241.

By-laws, acts concerning, repealed, 75,
76; made by court of Northumber¬
land, 527.

Byrd (Bird), Col. William, petitioner, 4;
suggested that he be appointed to
raise men to protect frontiers, 7; mo¬
tion to empower him to raise men de¬
feated, 9; supplies garrison with pro¬
visions, 14; member of Council, 37,
passim to 458, 489, 513, 529, 531; to
treat with the Senecas, 53, 496; em¬
powered to defend the frontier plan¬
tations, 54; commissioned to ratify
articles of peace with Indians, 71, 72;
announcement of appointment of, as
auditor, 92; auditor, 97, passim ; ap¬
pointed to settle dispute between
Charles City and Surry counties, 103;
unsuccessful candidate for position of
collector, 223; complaint of, concern¬
ing the loss of slaves, 262; empowered
to act in case of danger from Indians, in
absence of governor, 262; letter from,
263; pays 350 pounds sterling to mem¬
bers of the Council, 289; to pay mon¬
ey given William and Mary College,
294, 295; to reimburse himself out of
the quitrents for money advanced,
296; to be reimbursed money ad¬
vanced by him to pay for books
[record books, probably], 297; meet¬

ing of Council held at house of, 305;
to send money to New York, 311, 344,
526; gives information as to strange
Indians, 332; to draw up a statement
as to conditions of the country, 322;
report of, 322; to secure a sloop, 326,
378; advice of, as to employment of
friendly Indians, 333; to employ per¬
sons to build platforms for guns, 333;
to provide for expedition to New York,
343; to buy guns for fort at James¬
town, 344; to take charge of recovered
ships, 351, 352; makes agreement with
Capt. Joshua Broadbent, 354; late at
meeting of the Council, 360; presents
warrant, 358; appointed to compose
a difficulty between Col. Francis Nich¬
olson and Col. Daniel Parke, 361; to
manage the affairs of the prize ship,
“St. Ignace”, 368, 369; letter from,
370, 371; with others, to administer
oath to governor, 377; appointed on
committee to revise the laws, 378;
bond of, 382; account referred to, 388;
indisposed, 396; to examine claims on
account of “The Swift”, 397; named
member of Council in Nicholson's in¬
structions, 398; excused for sickness,
398; various instructions to be ex¬
amined by, 400; statement of, of pub¬
lic accounts, 400, 424, 425 ; takes oaths
of office, 407 ; submits public ac¬
counts, 408, 409; to inspect fort at
James City, 410; to pay Commissary
Blair’s salary, 412; money to be re¬
funded to, 423; member of committee
appointed to administer oaths to bur¬
gesses, 425; to examine and report on
instructions concerning a court of ex¬
chequer, 430; member of committee
appointed to consider instructions for
the improvement of the country, 431;
money paid to, 434; colonel and com¬
mander-in-chief of Henrico County
militia, 443; to examine into a ques¬
tion of salary, 456; to grant certificates
to land for 5 s. for 50 acres, 457; to
give directions as to waifs, strays and
deodands, 459, 460; to draw up an
exact rent roll, 461; accounts of, 462;
settled with by executor of former au¬
ditor, 465; to send to England for
paper, 465; signs report as member of
the Council, 489; sent to ratify peace
with Northern Indians, 506; commis¬
sioner, with other members of the
Council, to conduct the government in
absence of governor, 507 ; made au¬
ditor, 511; reports as to non-payments
of quitrents, 525; questioned as to his
duty in connection with taxes on skins
and furs, 528.

Byrd, William, appointed agent in Eng¬
land, 394.

546

Executive Journals, Council of Colonial Virginia

Byrd, William, too young to be made
justice of peace, 411.

“Byrd,” a ship, mentioned, 442.

C

Cables, lost, not to be kept by finder, 267.

Callaford, John, deposition of, 150, 151.

Calvert County, Md., mentioned, 67.

Camlet, imported contrary to act for
encouragement of trade, 241.

Campbell, Hugh, juror, 174; complaint
of, against Nansemond County Court,
289.

Campeachy, Bay of, mentioned, 457.

Campla, Mathew, master of the “Jane”,
suspected of illegal trading, 297.

Canada, expedition against, 141, 149,
150, 151; Indians from, 526.

Canfield, Mrs. Elizabeth, executrix of
Robert Canfield, 261.

Canfield, Robert, agent for owners of
the “Society” of Bristol, 197; men¬
tioned, 261.

Canton, - , French prisoner of war,

released, 418.

Caraban, - , French prisoner of war,

released, 418.

Carbines, to be provided by collectors,
54; ordered from England, 106; mes¬
sage sent to England concerning scar¬
city of, 143; rangers to be furnished
with, 168.

Carleton, Capt., asks permission to be
cleared, 340.

Carolina, reparation to be demanded of,
339; undersheriff of Princess Anne
County seized and carried to, 339; sug¬
gestion that boundaries of, shall not
encroach upon Virginia, 488. See also
“North Carolina.”

Caroso, mentioned, 386.

Carpenters, to be impressed, 248.

Carroll (Carrell), John, petition from,
366, 372.

Carter, Robert, speaker of House of Bur¬
gesses, appointed on commission of
oyer and terminer, 370; brings mes¬
sage to governor from Secretary
Wormeley, 425; colonel and com-
mander-in-chief of Lancaster County
militia, 444; colonel and commander-
in-chief of Northumberland County
militia, 444.

Carter, William, appointed justice, 345.

Carver, Richard, administrator, 10.

Carver, Capt. William, pursues Berkeley
to Eastern Shore, 474, 475.

Carver, William, mentioned, 10.

3ary, Henry, proposal of, as to platform,
338.

Cary, Capt., afterwards Colonel Miles,
clerk of General Court, 203, 243, 527;
commissioner, 315; rector of the Col¬
lege of William & Mary, 334; called

to a meeting of the Council, 392; one
of a committee to inquire into burning
of state house, 392; recommended for
clerkship of the Council, 401 ; made
deputy surveyor of Warwick and Eliz¬
abeth City counties, 407 ; takes oath
as surveyor general of Virginia, 413;
register of the Court of Admiralty,
takes oaths of office, 414; letter to,
from Daniel Sullivan, read in Coun¬
cil, 437, 438; lieutenant colonel and
commander-in-chief of Warwick Coun¬
ty militia, 444; naval officer and re¬
ceiver for the York River district, 449;
register of the Court of Admiralty,
salary of, 449; naval officer of York
River, to examine a ship, 458; sur¬
veyor general, gives in list of surveyors
in the several counties, 460; surveyor
of York and Gloucester counties, 460.

Cary, Oswold, mentioned, 158.

Cary, William, major of Warwick Coun¬
ty militia, 444; sheriff of Warwick
County, 446.

Cask, weight of, 63.

“Catherine”, of Londonderry, a ship,
information against, 263.

Catholics, disqualified to act as guar¬
dians, 433, 436.

Catlett, John, major of Essex County
militia, 444.

Cavalry, instructions for mustering, 184;
captain of, appointed, 208.

Cayuga (Cogouges, Cajouges, Cayou-
ges), Indians, committee appointed
to confirm articles of peace with, 71;
mentioned, 93, 190. See also “In¬
dians”.

Challice (Challis), Edward, messenger,
347; paid for services, 396.

Challice, Hugh, paid for services, 396.

Chance, - — , commander of the

“Alebrough”, 231.

Chancery, High Court of, Philip Ludwell
commissioned by, to administer oath
to governor, 398; distinction made in
proceedings of General Court between
common law and chancery cases, 420;
causes in, regulations as to, 510.

Chapels of ease, an act for suppressing
swearing to be published in, 214, 268;
date set for sailing of ships published
in, 227; order concerning use of pow¬
der published in, 230; special prayer
to be offered in, asking divine help for
General Assembly, 276.

Charles II, king of England, mentioned
15; death of, announced, 70.

Charles City County, mentioned, 2, 54,
137, 318; motion to appoint repre¬
sentative of, on commission to raise
men to protect frontiers, 7; man re¬
ported missing from, 12; single free
men in, to be drafted for military serv-

Index

547

ice, 57; dividing line between Surry
and, defined, 103; sheriff of, 140, 157,
446; powder sent to, 185; land in,
given to William and Mary College,
304; improper marriages in, 309, 310,
312; trouble in, over office of clerk of
the court, 407, 408, 439; coroner of,
440; militia officers of, 443 ; surveyor
of, 460; to be connected with New
Kent County by bridge over the
Chickahominy, 508.

Charles City County Court, cases of
Charles Bartholmew and John Moore
to be tried by, 313; to answer for dis¬
obedience of order of General Court,
314.

Chartillon, - , French prisoner of

war, released, 418.

Chesapeake Bay, killing whales in, pro¬
hibited, 449.

Chesnaye, - - — French war prisoner,

released, 418.

Chicheley (Chickeley, Chickley, Chick-
ly), Sir Henry, deputy governor, 1,
passim to 38, 474, passim to 484; mu¬
tiny of militia commanded by, com¬
plained of, 10, 12; ordered to draw
out soldiers for garrisons, 10, 11; letter
to, from secretary of Maryland, 13;
letter to, from Lord Culpeper, 16;
proclamations signed by, 19, 34, 35;
death of, mentioned, 44, 495; made
president of the Council in the trial of
Philip Ludwell, 470; dissents in part
from order in case of Col. Philip Lud¬
well, 478; money with which to pay
foot companies sent to, 485, 487 ; pro¬
rogues Assembly, 485; conduct of
government by, 488; in case against
Robert Beverley, 491, 492; present at
meeting of Council, 536; signs a re¬
port, 536.

Chickahominy Fort, besieged by Seneca
Indians, 53.

Chickahominy Indians, two of tribe to
be present at confirmation of articles
of peace, 71; leases, sales or exchanges
of land with, declared void, 135; pe¬
tition from, 320. See also “Indians”.

Chickahominy River, bridge over, to be
built, 508.

Chiles (Childs, Chyles), John, messenger
of Colony, 281, 287; salary of, 315,
331, 349, 379, 384, 396, 461 ; appointed
messenger to House of Burgesses, 353;
petition of, 374; discontinued as mes¬
senger, 462.

Chilton, Edward, attorney general, men¬
tioned, 200, 529; fee due to, 234; sal¬
ary of, 255; signs a proclamation, 294,
306, 307, 308; absent in England, 308;
with others, to administer oath to
governor, 377; clerk of the General
Court, certain fees to be paid to, 495.

Chirurgeons, [surgeons], exempt from
military duty, 526.

Christ Church Hospital, complaint of
administrators of, regarding boys sent
as apprentices to Colony, 262.

Christ Church Parish, Middlesex Coun¬
ty, certain lands in, 479.

Christenings, register of, to be kept, 79,

Chuchy, William, master of the ship
“Success”, illegal action of, 382.

Church, Richard, sheriff of Norfolk
County, 446.

Church of England, colonists in favor of,
269; instructions in reference to, 400.

Churches, act for suppressing swearing
to be published in, 215, 268; date for
sailing of ships published in, 227 ; order
concerning powder to be published in,
230; services to be held in, on Thanks¬
giving Day, 246; special prayer to be
offered in, asking divine help for Gen¬
eral Assembly, 276; proclamation for
releasing French prisoners of war pub¬
lished in, 417.

Churchill, William, to pay those who
aided in getting the ship “Wolf” off
when aground, 297.

Churchwardens, required to report a
perfect abstract of parish levies, 36, 38,
46; oath of, approved, 159.

Clark, Richard, mentioned, 263.

Clarke, Aylemore, accused of piracy, to
be apprehended, 451.

Clay, - , to appear before the Coun¬

cil, 492.

Clayborne, Capt. William, made justice
of peace, 411.

Clayton, Thomas, witnesses a declara¬
tion, 503.

Clements, Capt. — , ordered to give up
certain goods seized by him, 499.

Clements, Ben, juror, 204.

Clements, Capt. Francis, clerk of the
Council, 389, 415; report of, concern¬
ing discharge from position of clerk of
Council, 426; letter from Capt.
Thomas Swann, concerning fines in
custody of, 440.

Clergy, encouragement of the, 269, 321,
356; support of, 304; address of,
349, 352, 353, 354, 359.

Clerk, (Clerke), Lt. Col. Daniel, to give
up papers relating to Daniel Price’s
land, 4.

Clerks, county court, to report on fines
collected, 87; order concerning, 219.

Clerks. See “Ministers”.

Cock, Maurice, juror, 242.

Cock, Capt. Thomas, gives information
concerning the “Crane”, of Dart¬
mouth, 234; petition of, 300, 359;
sheriff of Henrico County, 446.

Cock, Walter, petition of, 386.

548

Executive Journals, Council of Colonial Virginia

Cockin, John, warrant issued for arrest
of, 27; imprisoned, 28; to be tried for
treason, 36; plant cutter, 491.

Cocquetts, examined at custom house in
Island of Barbadoes, 13; certificates
not given for European goods shipped
without, 138.

Codd, Mrs. Anna, required to give se¬
curity, 57 ; defendant in a suit brought
by Mrs. Sarah Bland, 501-503.

Codd, Col. St. Leger, required to give
security, 57 ; case of Mrs. Sarah Bland
against, 1, 501-503; to appear before
Council, 497.

Codugin, William, land of, 411.

Cohabitation, act of, mentioned, 19, 21.

Coin, foreign, value of, advanced, 35, 37 ;
proclamation for increasing value of,
44, 45; a petition to increase value of,
79; value of, not to be altered, 518.

Cole, Abraham, illegal action of, 382. _

Cole, Col. William, member of Council,
6, passim to 246, 470, passim to 529;
authorized to take steps necessary to
defend Colony against pirates, 26; sec¬
retary of Colony, 109, passim to 247 ;
appointed secretary of the Colony, 167 ,
521, 523; president of General Court,
173, 241; collector of customs, 204,
224; makes apology, 249; desires to
retire from service, 249; securities of,
to be prosecuted, 459; sits in trial of
Philip Ludwell, 470; signs report as
member of Council, 489; appointed
to act as judge, 507; ordered to write
to the Board of Trade, complaining of
Col. Philip Ludwell’s proceedings in
the Northern Neck, 524; to corre¬
spond with secretary of the Board of
Trade, 527; ordered not to allow the
county court clerks to appoint depu¬
ties, 527.

Collectors, suspension of repeal of act
concerning, 5, 6; ordered to provide
ammunition, 54; complaint against,
56; instructions to, 78, 321, 332, 422,
423; for Patuxent River, Md., 130;
to “sell” a limited number of Irishmen
on each river, 139; continued in office,
177; empowered to collect revenue
arising from several acts, 186; com¬
missions for, 193, 250; bonds of, regis¬
tered, 200; boats to be furnished for
use of, 247 ; commissioned notaries
public, 247, 266; two deputy collec¬
tors to be appointed, 265; notified of
time set for sailing of ships, 288;
asked for lists of ships, 319; to bring
their accounts to be audited, 330; to
assist in defensive measures against
the French, 334; the collector of Rap¬
pahannock district gives evidence,
344; representations made by, 345;
to bring in list of fees, 347 ; fees of, to

be further considered, 354; to make
inquiry for seamen, 368; to transmit
to the governor full information, 401 ;
king’s commands concerning, referred
to Council, 440; named for the several
districts, 449, 450; retiring, to deliver
up official papers, 460; to be warned
as to their duties, 517, 518.

College. See William and Mary College.

Collins, James, to be prosecuted, 510.

Colony. See Virginia.

Colston, Will, a servant, 17.

Commerce, regulations for security of,
in time of war between foreign states,
497, 498.

Commissioners, sent over to inquire into
Bacon’s Rebellion, seize records of
the General Assembly, 486.

Commissioners of the Treasury, action
of, in case of Wm. Penell, 300.

Commissions, attorney general ap¬
pointed to decide on form for, 440;
report of the attorney general on form
for, 442.

Common law, mentioned, 369; distinc¬
tion made in proceedings of General
Court between common law and chan¬
cery, 420.

“Conception”, a ship, mentioned, 231,
233.

“Concord”, a vessel, mentioned, 21, 22,
24, 489.

Connecticut, allowance of, to post of¬
fice, 319.

Conscience, liberty of, declaration for,
ordered to be published, 85; message
from Council concerning declaration
of, 89; remarks derogatory to declara¬
tion of, 98; law for toleration of, vio¬
lated, 214; petition of a dissenting
minister regarding, 427; proclamation
as to, 510; address to king on, 512;
to be allowed, 516.

Conscription, number of seamen to be
increased by, 49; not to be enforced,
168.

Conspiracy, of the Duke of Monmouth,
referred to, 74; rumors of a, investi¬
gated, 104.

Constables, to be appointed, 148; ex¬
empted from attending musters, 220;
required to take oath appointed by
Parliament, 448.

“Constant”, a vessel, mentioned, 59.

"Content”, a vessel, case against, 379,
380.

Cood (Coode), John, sr. (sometimes
called “Parson,” “Captain,” and
“Colonel”), letter from, mentioned,
123, 125; adherent of Col. Blackiston,
298; case of, 361, 387, 390, 391, 395,
402, 416, 417; proclamation in refer¬
ence to, 391, 392, 404, 405, 416, 418,
419.

Index

549

Cook, Mordecai, sheriff of Gloucester
County, 446.

Cooper, Capt. George, nominated to be
member of commission to raise men
to protect frontiers, 7 ; considered
proper person to raise men to repel
Indian attacks, 6; motion to commis¬
sion him to raise men to protect fron¬
tiers defeated, 9; released from con¬
tract, 14; empowered to draft men
and horses, 56; surveyor of Northum¬
berland County, 460.

Cooper, Roger William, paid for services,
396.

Coopers, complaint against, 159.

Copley, Lionell, governor of Maryland,
226, 229, 248, 260; letter from, 271,
286; death of, 298.

Corbin (Corbyn), Captain Gawin, sloop
of, 326, 330, 347 ; called to a meeting
of the Council, 392; takes oath as col¬
lector, 394; member of the House of
Burgesses, 425; collector of Rappa¬
hannock River, makes seizure of a
vessel, 458.

Corbin (Corbyn), Hon. Henry, signs
report, 536.

Corn, exportation of, prohibited, 51, 66;
planting less than the law appoints
forbidden, 148.

Cornetts of horse, commissioned, 193.

Coroners, list of, to be sent to secretary’s
office, 156; to be appointed, 158; list
of, read and approved, 177; commis¬
sioned, 193; to inventory estates in
certain cases, 318; vacancies in list of,
supplied, 366; required to take oath
appointed by Parliament, 448; com¬
missions of, to be prepared in the
secretary’s office, 456; to furnish lists
of waifs, strays and deodands, 460.

Coronets, sent by commissioners as
presents for Indians, 4.

Corotomon River, mentioned, 154.

Corperoe, John, testimony of, 235; paid
for services, 236.

Cotton, Sir Robert, mentioned, 273, 291,
527, 530.

Cotton, Thomas, juror, 204.

Cottorell, Captain — , conduct of, in de¬
fending Virginia merchant vessels
against Dutch attack, 532-536.

Council, opinion of, in reference to
presents sent to Indians by commis¬
sioners, 4; king’s instructions regard¬
ing representation of 1677 communi¬
cated to, 5; meeting of, held, at Green
Spring, 6, 9, 10, 11, 43, 44; king pe¬
titioned to empower governor and
Council to levy taxes in certain cases,
8; date set for meeting of, 15, 162;
meeting of, held at Middle Plantation,
19, 20, 21, 23, 25, 138; two women to
appear before, 24; meeting of, held at

York Courthouse, 27, 146, 162; meet¬
ing, of, held at house of Major Samuel
Weldon, 28; to render an account of
the government of the Colony during
Culpeper’s absence, 37; vacancies in,
caused by deaths and illness, 44; sal¬
ary of clerks of, 44, 97, 526; meeting
of, held at Hot Waters, 52; meeting
of, held at Gloucester, 55; complaint
of, against Lord Baltimore’s collectors
of port duties, 56, 59; meeting of, held
at Poropotanke, 56, 57; communica¬
tions of, to king in reference to Mrs.
Sarah Bland, 57, 58; to govern Colony
in absence of governor, 64, 299; meet¬
ing of, held at Nomeny, 68; meeting
of, held at house of Col. Nathaniel
Bacon, 78, 110, 205, 217; instructed
to have law passed prohibiting ex¬
portation of bulk tobacco, 88; Philip
Ludwell dismissed from, 88; confer¬
ence of, with Burgesses, 96; meeting
of, held at house of Ralph Wormeley,
97, 288; meeting of, held at governor’s
house at Rosegill, 100; names of
members of, arranged by seniority,
102; secretary to give receipt for sal¬
ary of members of, 115; meeting of,
called to consider ways and means of
protecting Colony against attacks of
French and Indians, 139; absent mem¬
bers of, to send in opinions concerning
questions under consideration, 146;
orders of, made at Middle Plantation,
approved, 156; non-attendance of
members complained of, 165; salary
of members of, 187, 239, 331, 348, 461,
517; reply of, to letter from New York
asking aid, 191; meeting of, held at
Tindall’s Point, 205; petition of, as to
a quorum in different sections of Col¬
ony, 217; fee of clerk of, 234; copies
of grants of land in Northern Neck
sent to, 237, 238; attestations of,
concerning Francis Nicholson, 243;
meeting of, held at house of William
Beck, 263; governor’s commission
read before, 268; members of, take
oaths of office, 268; special prayer to
be offered in churches asking divine
help for, 276; messenger appointed
for, 280, 281 ; instructs auditor to send
money to New York, to be used in
defending Colony against the French,
281; letters patents for establishing
postoffice read and recorded in books
of, 286; clerk appointed for, 287;
meeting of, held at house of YVilliam
Byrd, 305; orders of, read by Coun¬
cil before transmission to England,
330; meeting of, held at house of
Col. Edmund Jennings, 335, 345,
352; meeting of, held at the Main,
384; clerk of, to give governor list

550

Executive Journals , Council of Colonial Virginia

of papers, 401 ; question whether
the Council is a court of record
to be considered by attorney general,
412; draft of oath to be taken by
members of, sitting as judges of
General Court, 420, 421; proceed¬
ings of, read, 431; recommends that
fortifications at James City, York, and
Tindall’s Point be abandoned, 432,
433; decides against hiring vessel to
cruise upon coast of Colony, 436;
quorum of, 437, 513, 519; orders of,
not accounted as court records, 441;
address to, from House of Burgesses,
447 ; statement of, made to governor
as to condition of the country, 488,
489; suggestion that power to impose
a tax be given to, 489; vacancies in,
how supplied, 513; members of, to
obtain leave of absence from governor,
513; members of, to enjoy freedom of
debate, 513; to have instructions
given to the governor communicated
to it from time to time, 513; members
of, named in instructions, 513; copy
of journal of, to be transmitted to Eng¬
land, 515; appeals from, to General
Assembly, not to be allowed, 516, 517;
Nathaniel Bacon made president of,
519.

Council. Clerk. See Clements, Fran¬
cis; Edwards, William; Harrison,
Benjamin, jr.; Hartwell, Henry; Jen¬
nings, Hon. Edmund, and Sherlock,
James.

Council. President. See Bacon, Col.
Nathaniel, and Spencer, Col. Nicholas.

Council, Privy, a letter from, 345, 366;
order of, 377.

Counties, act empowering, to make by¬
laws, repealed, 75, 76.

Country, act for defense of, 142; com¬
mittee appointed to consider instruc¬
tions for the improvement of, 431.

County Courts, power of, to dispose of
forfeitures, to be annulled, 6; to im¬
panel grand juries, 47; act empower¬
ing, to make by-laws, repealed, 75;
names of members of, to be published,
85; order concerning clerks of, 219.
See also Justices of the peace.

County levies, proclamation to be pre¬
pared requiring justices to return ab¬
stract of, 38.

Court, General. See “General Court”.

Court of Admiralty. See “Admiralty,
Court of”.

Court of Exchequer. See “Exchequer,
Court of”.

Courthouses, proclamation for releasing
French prisoners of war published in,
417.

Courtlands. See “Van Courtlandt”.

Courts, act for, referred to, 390; orders
of, to be read before taking effect, 515,
516.

Coventry, Henry, member of the com¬
mittee of the Privy Council to manage
affairs of the foreign plantations, 485.

Cowper, George, lieutenant colonel of
Northumberland County militia, 444.

Crafford, William, deposition of, 179.

“Crane”, of Dartmouth, a vessel, men¬
tioned, 233, 300, 359, 527.

Criminals, method of summoning grand
juries to try, 40.

Crofts (Crafts), Capt. John, complaint
against, 82, 510; charges of, against
governor, 90; admonished, 507; re¬
fuses to appear before the governor,
512.

Crookshanks, Andrew, master of the
ship “Catherine”, of Londonderry,
263; petitioner, 264.

Crow Island, mentioned, 339.

Crown (French), value of, increased, 45.

Cruchee, John, complaint against, 174;
mentioned, 189.

Crute, J., member of the committee of
the Privy Council to manage affairs of
the foreign plantations, 485.

Culpeper, Alexander, surveyor general,
145, 158, 327, 507.

Culpeper, Thomas, Lord, governor, 1,
passim to 44, 537 ; letter to, from king,
11; extract from letter of, to Col.
Bacon, 16; letter of, to Henry Chiche-
ley, 16; money for company of sol¬
diers of, to be paid to Col. Bacon, 17;
company commanded by, called to
arms, 18; proclamations signed by,
32—35, 44-49; notifies Council of in¬
tention to visit England, 43; petition
of Council, in reference to rights of, in
southern Virginia, 69; transactions
of Council in reference to rights
of, in Northern Neck, 119; Philip
Ludwell agent for the heirs of, 126,
131, 237; representation of Council,
as to the claim of the heirs of, 143;
patent granted to, produced, 201; re¬
port of Council as to grant made to, and
as to affairs in Northern Neck, 252;
directed to repair his government, 485 ;
letter to, from committee of Privy
Council, 485; letters to, from King
Charles II, 485; letter to, from the
Council in Virginia, 485; complains
of action of Capt. Terril, 486; procla¬
mations issued by, 486, 487, 494; to
signify king’s disapproval of certain
resolutions of the General Assembly,
486; instructions of, not made known
to most of the Council, 488; sugges¬
tions made as to quitrents granted to,
489; communicates to Council order

I ndex

551

of the king in reference to Thomas
Sands, 493; announces design to re¬
turn to England, and provides for gov¬
ernment in his absence, 494; date of
commission of, 494; communicates to
Council instruction as to appeals, 495;
finds fault with Council, 495; forfeits
position of governor, 497 ; assigns his
rights to Virginia to the throne, 503;
fines and forfeitures granted to, and
repurchased by crown, 522; letter of,
to governor of North Carolina, 536;
order from, to Col. Anthony Lawson,
sheriff of Lower Norfolk County, 537.

Curie, Pasco, justice of the peace, 309.

Currituck (Carrotuck, Curratuck, Cur¬
rituck, Currotuck), complaint of in¬
habitants of, against government of
North Carolina, 94; remiss collection
of taxes in, 340; affairs in, 341; ship
found at anchor off, 354, 355, 378; cer¬
tain land on, claimed by both Virginia
and North Carolina, 536; mentioned,
512; sheriffs of Lower Norfolk Coun¬
ty, to collect taxes from the inhabi¬
tants of, 537.

Cursing, law concerning, to be enforced,
120; act for suppressing, 267.

Cussan, a negro, not to be tried by com¬
mission of oyer and terminer, 309.

Custis, Col. John, member of Council, 1,
passim to 211, 470, 477, 513; Robert
Beverley on board sloop of, 24, 26;
unable to attend meetings of Council,
44, 495; complaint against, 90; re¬
signs from Council, 222; resigns from
office of commander-in-chief of Acco-
mac County militia, 263; sloop of,
mentioned, 490; sits in trial of Philip
Ludwell, 470.

Custis, Capt. afterwards Colonel, John,
charges against, 227; suspended from
office, 248; dismissed from Accomac
County militia, 263; colonel and
commander-in-chief of Northampton
County militia, 445; escheator for
Eastern Shore, 445; naval officer and
receiver, on the Eastern Shore, 450;
complains in behalf of the parishioners
of Hungars Parish of actions of the
churchwardens, 496.

Custom House, in Island of Barbadoes,
13.

Customs, petition asking for seals for
collectors of, 72; instructions given to
prevent fraud in, 130; act for better
securing, 186.

Customs, commissioners of, letters from,
297, 316, 319, 349, 350, 381, 385, 412;
report, of on Virginia laws, to be laid
before House of Burgesses, 300; ap¬
point collectors of certain revenues in
Virginia, 367; appoint Christopher

Wormeley collector of Rappahannock
River, 379.

Customs, Surveyor General of. See
Meyn, Patrick; Randolph, Edward;
and Minge, James.

D

Danby, Lord, high treasurer, petition of,
487.

Dance, Francis, petitioner, 438.

Daniel, Capt. - , mentioned, 361.

“Daniel and Elizabeth,” a vessel, men¬
tioned, 82.

Darland, Col. - — , comes aboard the

“Quaker”, to demand Col. Talbot, 506.

Davis (Davies), Edward, suspected of
piracy, 107, 112, 520, 521; petitioner,
115; mentioned, 164; goods taken
from, to be sent to England, 172 ; case
of, 299, 304, 522, 523.

Davis, Hugh, estate of, paid for services
of Davis, 396.

Davis, Jonathan, complaint of John
Wright against, 3.

Davis, Somerset, warrant issued for ar¬
rest of, 27; imprisoned, 28; to be
tried for treason, 36, 491 ; executed for
treason, 495.

Davis, Timothy, arrested for inciting
rebellion, 105.

Dean, Thomas, accused of piracy, to be
apprehended, 451.

Delastatius, Sebastian, constable in Ac¬
comac County, 287.

Delawafer (Delawayfer), Lionell, sus¬
pected of piracy, 107, 112, 520, 521,
522; petitioner, 115, 124; permitted
to leave Colony, 137; mentioned, 164;
goods taken from, to be sent to Eng¬
land, 172; claims against, 304.

Delaware Bay, several pirates said to
have arrived in, 454.

Denbigh Parish, Warwick County,
church trouble in, 322, 340, 356, 358,
359.

Dent, Major William, bearer of letter
from governor of Maryland, 374; ad¬
dress of, to Sir Edmund Andros, 375—
376; appears before Council, 376.

Deodands, in custody of the attorney
general, 38; lists of, to be furnished by
coroners, 460.

Depositions, copies of, sent to England,
Ml.

“Deptford,” a vessel, mentioned, 82, 90,
103, 110, 121, 507, 519.

Des Noyers, - , French prisoner of

war, released, 418.

Deserters, proclamation for apprehend¬
ing, 439.

Deth, William, deposition^, 212.

Devoll, John, murderer, 172.

"Diamond,” French ship of war, men¬
tioned, 333.

552

Executive Journals, Council of Colonial Virginia

Digges, Major Dudley, takes oath as
member of the Council, 391; member
of Council, 391, 393, 395, 397; to
draft a bill, 394.

Digges, Hon. Edward, signs a report, 536.

Diggs, Elizabeth, mentioned, 282.

Diggs, Col. William, questioned regard¬
ing a rumor concerning the birth of a
son to King James, 282; case against,
dismissed, 302.

Dilks, Capt. Thomas, commodore of
English fleet, 120; sells a captured
vessel, 380, 381.

Dissenters, act exempting, from the pen¬
alties of certain laws, 161, 167; law
abiding, not to be interfered with, 427 ;
list to be given of meetings of, 456.

Dock, need of, 166.

Doeg Indians, mentioned, 216. See also
Indians.

Dolby, William, execution of sentence
on, suspended, 272; condemned to
death, to be sent to England, 296.

“Dolphina,” a vessel, mentioned, 31, 60,
491; to be cleared, 335.

Dorrel, Sampson, complaint against, 429,
438.

Douglass, Commodore, Andrew, com¬
mander of the “Hardwich”, 366; ships
of, short of seamen, 368; prize ship
brought in by, 368, 369.

Downing, William, juror, 242.

Dows, Jonathan, master of the “Hannah
and Elizabeth”, complaint of, 402.

Doyly, Cope, minister of Denbigh Par¬
ish, petition of, 322; complaint of, 323;
recommended for continuance in Den¬
bigh Parish, 340; quarrel of, with
vestry, 356; case of, 358, 359.

Draft, militia of certain counties in¬
creased by, 57.

Dragon Swamp, John Sackler to build
and maintain bridge over, 30, 491.

Driver, Matthew, gives information
against illegal traders, 412.

Drummond, William, becomes king’s
messenger, 300; salary of, 315, 331,
456.

Drums, at Middle Plantation, in care of
John Page, 25; Edward Ross paid for
beating, 125; fines of delinquents to be
used in buying, 134.

Drunkenness, law concerning, to be en¬
forced, 120.

Duckingfield, William, message from,
concerning disappearance of 4 Indians,
147.

Dudley, Robert, sheriff of Middlesex
County, 158, 528; major of Middlesex
County militia, 444.

Duke, Henry, lieutenant colonel of James
City County militia, 444; petition of,
459; sheriff of James City County,
446.

“Duke of York,” Major Beverley pris¬
oner on board of, 20, 21, 22; Robert
Beverley removed from, 24; men¬
tioned, 489.

Dunbar, Elizabeth, paid for house, 260;
paid money due her late husband, 331.

Dunbar, Gawin, house built by, 121;
mentioned, 187, 189; administratrix
of, paid for house, 260; widow of, paid
money due him, 331.

Dunbar, Richard, gunner, paid for ex¬
traordinary service, 396; gives ac¬
count of the fortification at Tindall’s
Point, 410; claimant, 430; resigns
from position of gunner of fort at
Tindall’s Point, 430; report of, on
condition of fort at Tindall’s Point and
stores in, 432 ; salary of as gunner, 439.

"Dunbarton,” a vessel, mentioned, 90,
116, 127; to be inspected, 134, 147,
159, 163, 166; dismantled and aban¬
doned, 170, 171, 186.

Dungan (Dongon), Thomas, governor of
New York, 92, 504, 511.

“Dunn,” his Majesty’s ship, mentioned,
520.

Dutch, a ship taken by, 487 ; attack by,
on Virginia merchant vessels, 532-536.

Duties, to be paid in Virginia on tobacco
brought from other plantations, 516.

Dyer, William, forbidden to correct his
servant, 490.

Dymer, William, juror, 204.

E

East Indies, mentioned, 422.

East Jersey, mentioned, 273.

Eastern Shore, petition asking for seal
for district customs collector, 72; look¬
out for, appointed, 144; vessels for¬
bidden to go into rivers and harbors
on seaboard side of, 228; escheator ap¬
pointed for, 445; Henry Scarburgh,
collector for, 450; John Custis, naval
officer and receiver for, 450; Robert
Beverley to be sent to, 490.

Eborn, Samuel, minister, testimony of,
325.

Edgehill, Thomas, accused of piracy, to
be apprehended, 451.

Edmeston, John, master of the “Eliza¬
beth”, petition of, 299; case of, 300,
301.

Education, lists of promotors of, to be
furnished, 525.

Edwards, Abraham, petition of, 411.

Edwards, William, clerk of Council, 81,
passim to 269; clerk of General Court,
114, 175, 203; petitions for increase of
salary, 122; refunded money ad¬
vanced, 125, 239; petition presented
by, 162; salary of, as clerk of Council,
186, 255; resigns as clerk of General
Court, 203, 527 ; clerk of General As-

Index

553

sembly, 219, 277; account of fees due
him, 261; resigns as clerk of Council,
287 ; salary of, as clerk of General
Court, 522; sworn as clerk of the
Council, 527.

“Effingham,” a ship, mentioned, 115,

220.

Effingham, Francis Howard, Baron of>
oath of office administered to, 55;
governor, 55, passim to 100, 497, 501;
proclamations issued by, 62, passim to
76, 497, 499, 500, 507-512, 521; to
leave for England, 101, 518; commis¬
sion of as governor, 164, 524; salary
of, 187, 239, 255; letter from, 359, 523;
to go to New York to make peace with
Indians, 500; speaks to the Five Na¬
tions, 503; letters to, 503, 504, 508,
509, 524; orders out the militia, 506;
prorogues Assembly on account of
sickness, 507; declares intention of
going to New York for recovery of
health, 510; on eve of return to Eng¬
land, communicates instructions to
Council, 512; instructions to, 513—
518; letter of, to the governor of North
Carolina, 519; Edward Davis, etc.,
brought before, 520; fee required by,
521; new commission of, communi¬
cated to the Council, 525; charged
with maladministration, 527; letters
of, to Lt. Gov. Nicholson, 527, 528;
conduct of, in Virginia, 530.

Eldredge, Capt. Joseph, rear admiral,
149.

Elephants teeth, brought into Colony,
196, 219; testimony in reference to
seizure and condemnation of, 235, 236.

Eliott, William, master of a ship, 312.

“Elizabeth,” a ship, mentioned, 299, 300,
301.

Elizabeth City County, powder sent to,
185; mentioned, 186, 232, 424; mili¬
tia of, visited by governor, 268; negro
arrested in, 310; surveyor of, appoints
a deputy, 407; officers of militia of,
444; sheriff of, 446, 526; surveyor of,
460; Point Comfort Island in, leased,
464.

Elizabeth City County Court, complaint
of, 309; order of, suspended, 525.

Elizabeth River, ships to ride in, 154,
256; William Heslett appointed sur¬
veyor on southwest side of, 312; his
Majesty’s ships, forced into, 533.

Elliott, Capt. Speeden, recaptures an
English ship from the French, 380.

Ellys, William, opinion of, 479.

Ely (Elev), Thomas, master of the ‘ So¬
ciety”, a ship, 312, 341, 344.

Embargo, to be suspended, 304.

Emerson, Thomas, salary of, 331.

“Endeavour,” a ship, mentioned, 382.

England, representative of Colony at
court of, asked for, 8; mentioned, 13,
22, 40, 43; Charles II, king of, 15;
William and Mary proclaimed king
and queen of, 106; rumor that Jesuits
are to be driven out of, 282.

England, Church of, dissenters from, ex¬
empted from penalties of certain laws,
167.

Ensigns, commissioned, 193.

Escheators, commissions for, 183, 193;
of York County, mentioned, 442;
appointed, 445; required to take oath
appointed by Parliament, 448; com¬
missions of, to be prepared in the sec¬
retary’s office, 456; rules for guidance
of, 463.

Escheats, Committee for Trade and
Plantation asked for opinion in refer¬
ence to, 240; in several counties, con¬
sideration of, referred, 411; general
method of, 411, 462, 463; irregular
actions of Col. Philip Ludwell in refer¬
ence to, 524.

Esperance, - , French prisoner of

war, released, 418.

Esquire Tom, an Indian, case of, 375.

Essex, Lord, member of the committee
of the Privy Council to manage for¬
eign plantations, 485.

Essex County, formation of, 288; sher¬
iff of, 347, 446; petition of William
Leigh, asking for a grant of certain
land in, 440; militia officers of, 444;
William Leigh granted land in, 446;
surveyor of, 460.

“Essex Prize,” his Majesty’s ship, 394,
401, 402, 415, 421, 439, 445, 452.

Estates, of persons dying intestate, order
in reference to, 318.

Europe, goods imported from, 13;. cer¬
tificates not given for goods shipped
from, without original cocquetts, 138.

Evans, Peter, juror, 205.

Everson, Cornelius, in command of
Flushingers in Dutch fleet, 532.

Every, Henry, to be apprehended, 366.

Exchequer, Court of, instructions as to,
164, 177, 400, 410, 430, 525; auditor’s
opinion concerning instructions for
establishing, 443; said to be a neces¬
sity, by the Council, 526.

Executions on judgments, act in refer¬
ence to, repealed, 61, 500.

“Experiment,” a ship, mentioned, 165,
176.

F

Fairfax, Capt. - , commander of

the “Conception”, 231.

Farnham Parish, petition of inhabitants
of, 285; return from Richmond Coun-

| ty Court relating to, 288.

554

Executive Journals, Council of Colonial Virginia

Farrar, Col. John, to provide quarters
for rangers, 57.

Fasting and humiliation, day appointed
for, 156, 386.

Fauconberg, Lord, member of the com¬
mittee of the Privy Council to manage
affairs of the foreign plantations, 485.

Feast days, to be observed, 156.

Fees, exorbitant, prohibited, 148; to be
regulated, 271; for attaching the seal,
519; for recording survey of land, 521;
report in reference to, 521, 522.

Felons, estates of, applied to pay all fees,
498.

Felts, imported contrary to act for en¬
couragement of trade, 241.

Ferree, Isaac, detained for redemption,
277.

Ferrell, Flenry, undersheriff of Princess
Anne County, carried into Carolina,
339.

Ferries, keepers of, to transport certain
messengers free of charge, 99, 100; to
be established, 286; Thos. Neale and
and his deputies allowed to establish,
293, 294, 532; bad condition of, 359;
account of, to be given, 361.

Ferrymen, exempt from military duty,
526.

Field, Peter, major of Charles City Coun¬
ty militia, 443.

Finch, Capt. Richard, commission to,
read and registered, 197; sent to
Maryland, 205 ; stationed at New Point
Comfort, 213; to examine ships com¬
ing into and leaving Colony, 219; com¬
mander of “Henry Prize”, 227, 263;
letter from, concerning ship, 231; au¬
thorized to impress carpenters, 248;
removal of, requested, 258; informa-
of, against the ship “Catherine”, of
Londonderry, 263; ordered to keep
vessel under his command supplied
with men and victuals, 264; vessel
commanded by, disabled, 274; ship
commanded by, to be refitted, 278.

Fines, in custody of attorney general,
38; reports on, to be made by clerks,
84; to be reported on twice a year, 87 ;
letter concerning, 440; regulations as
to, 515; disposition of, 522.

Fips, Sir William, admiral, 149.

Fireship, Colony in need of, 144.

Fisher, William, of the ship “Mayflower”,
request of, 457, 458.

Fitts, Thomas, complaint against, 3.

Fitz Gerald (Fitz Gerard), Gerard, gun¬
ner, salary of, 187, 255.

Fitz Gerard, William, undersheriff of
Princess Anne County, attaches goods,
339.

Fitzhugh, Col. William, to furnish Po¬
tomac garrison with provisions, 14; to
provide quarters for rangers, 57; re¬

quired to take oaths appointed by act
of Parliament and to give bond with
good security, 285, 286; to appear be¬
fore Council, 286; case against, dis¬
missed, 302; presents to the Council
for recordation two orders of the
Council at Whitehall, 302; petition of,
333, 334; charge made against, 509.

Five Nations (Indians), treaty with, 320;
Lord Effingham speaks to, 503; cer¬
tain of, taken prisoners by the French.
518. See also “Indians.”

Fleets, instructions given for sailing of,
103; governor to be at Point Comfort
at time of sailing of, 126, 263; time
set for sailing, 128, 165, 176.

Fletcher, Col. Benjamin, governor of
New York, money to be sent to, 311.

Fletcher, William, master of a ship, 312.

Fleur, - , French prisoner of war,

released, 418.

Flushingers, in Dutch fleet, 532.

“Flying Hart,” a ship, case of, 380, 381;
mentioned, 382.

Foreign Coin. See Coin.

Foreign service, English subjects not al¬
lowed to engage in, 498.

“Foresight,” a ship, to transport two
murderers to England, 296; men¬
tioned, 297.

Forfeitures, power of County Courts to
dispose of, to be annulled, 6.

Foreign Princes, Englishmen prohibited
entering service of, 384.

Fort Albany, mentioned, 111.

Fort duties, commission appointed to
draw up instructions for collecting, 8;
collectors of, to report on, 8; petition
to increase, 79; mentioned, 535. See
also “Port Duties.”

Fort Maxoat, French soldiers captured
at, 418.

Fortifications, to be erected, 271; at
James City, York and Tindall’s Point,
to be adandoned, 432, 433.

Forts, act for disbanding soldiers in, at
heads of several rivers, and for raising
other forces in their stead, 60; guns
and ammunition in, to be listed, 117;
governor's report on condition of, 132;
message sent to England concerning
condition of, 143; provisions made to
aid, 145.

Fosaker, Richard, appointed on com¬
mission of oyer and terminer, 370.

Foster, Joseph, lieutenant colonel of
New Kent County militia, 444.

Fountain, a negro, charges against, 277.

Fowler, Bartholomew, appointed assist¬
ant to the clerk of the Council, 382;
attorney general, 397 ; Governor Nich¬
olson’s commission to, 398; takes
oaths of office, 402; ordered to prose¬
cute James Minge, 407 ; salary of, 461.

Index

555

Fox, Daniel, sheriff, 10.

Fox, Henry, juror, 204; made justice of
peace, 411.

Foxcroft, Capt. Isaac, mentioned, 228;
gives information concerning ship sus¬
pected of violating act for encourage¬
ment of trade, 241.

French, attack expected from, 111, 139,
350; copy of deposition concerning ex¬
pedition against, sent to England, 140;
rangers appointed to protect Colony
against, 160; victory over, to be cele¬
brated, 270; Fort Albany a protection
against, 295; said to design an attack
on the Colonies, 334; aid to New York
against, 336, 340, 526; Mohawk In¬
dians ask assistance against, 338; cap¬
ture a ship, 349; recovery of ship from,
350; suspected to be with Indians in
Stafford County, 375 ; ship taken from,
380; prisoners of war, to be released,
416, 417, 418; Indian prisoners taken
by, 518; notification of war writh, 521.

French Crown (coin). See Coin, For¬
eign.

Frank, a negro, not to be tried by com¬
mission of oyer and terminer, 309.

Frankland, Thomas, postmaster general
of England, 273, 291, 527, 530.

Frauds, act for prevention of, 299, 362,
364, 377, 378.

Free School, account of the promoters
and opponents of the, to be made to
the governor, 156.

“Friendly Society,” a ship, suspected of
illegal trading, 297.

Froman, John, master of the “Dolphin”,
335.

Frontiers, motion to appoint certain gen¬
tlemen to raise men to protect, 7, 9;
rangers on, temporarily discharged,
273.

Fullwood, William, claim of Nathanial
Mackclanahan against, 339.

Funerals, register of, to be kept, 215.

Furs, John Herbert fined for exporting,
31; collectors present securities for
payment of money they shall receive
from duty on, 200; execution of act
laying a duty on, to be suspended, 297 ;
tax on, 305; tax on, called into ques¬
tion, 529. See also “Skins.”

G

“Gabriel,” of Piscataway, a vessel, men¬
tioned, 153.

Gandy, John, ship in charge of, taken in¬
to custody and examined, 220, 221.

Gannock, William, arrested for inciting
rebellion, 105.

Gardner, Captain - , actions of, in

defending Virginia merchant vessels
against Dutch attack, 532-536.

Garrisons, at head of rivers for defense,
4, 9; act concerning number of sol¬
diers in, 6; soldiers to be drawn out
for, 10, 11; militia in, ordered to re¬
port at Middle Plantation, 19.

“Gawin and Catherine,” a vessel, men¬
tioned, 341, 342, 344, 345.

General Assembly, adjourned, 9; pro¬
rogued, 14, 15, 17,450, 512; dissolved,
31, 32, 96, 97, 272, 351, 518, 519; Coun¬
cil to give reason for calling a meeting
of, 37 ; date set for meeting of, 72, 203,
270, 275, 335, 387, 403, 409, 435, 486,
509, 511; meeting of, postponed, 122,
138, 142; special prayer to be offered
in churches asking divine help for, 276;
to be informed of conduct of Piscata¬
way Indians, 372; several matters re¬
ferred to, 409, 410, 456; clerk of, ap¬
pointed, 425; ministers who preached
before paid for services, 440; good un¬
derstanding with, 453; appeal to,
by Col. Philip Ludwell, 478; journals
of, to be open to inspection of king’s
officers, 486, 487; resolution of,

in reference to records, censored,
486, 487; called by governor without
advice of Council, 488; appeals to,
from Council, not to be allowed, 516,
517; conduct of Governor Nicholson
at last meeting of, 528.

General Court, room of, to be repaired,
167; meeting of, held at James City,
204, 241; fee of clerk of, 234; gov¬
ernor’s commission published in house
of, 268; officers of, 358; meeting of,
postponed, 420; five members of, con¬
stitute quorum, 420; petitions to, for
land on account of importation of
negroes, 420; draft of oath to be taken
by members of Council sitting as
judges of, 420, 421; ministers who
preached at, paid for services, 440.

Germany, peace concluded by, with the
Turks, 453.

Gerze, - , French prisoner of war,

released, 418.

Gibson, Richard, juror, 174.

Gilbert, Capt. - , vice admiral, 149.

Gill, Benjamin, salary of, 255; attach¬
ments against, 289.

Ginnis, William, complainant, 82.

Gissedy, Richard, land taken up by, in
Pamunkey Neck, 458.

Glass, imported contrary to act for en¬
couragement of trade, 241.

Glenn, - , letter from, 190.

Gloucester, Duke of, rumor concerning
the birth of, 282, 302.

Gloucester, meeting of Council held at,
55.

Gloucester County, sheriff of, 10, 446;
militia called out to quell disorder of
inhabitants of, 18; sheriff of, ordered

556

Executive Journals, Council of Colonial Virginia

to carry public records to secretary's
office, 20, 23; women in, charged with
cutting tobacco plants, 23 ; mentioned,
25, 29, 157, 261, 470; reward offered
for arrest of John Haley, an inhabitant
of, 48; men in, to be drafted for military
service, 57; commander-in-chief of,
145; Abington Parish, church trouble
in, 327, 328, 329; militia officers of,
444; surveyor of, 460; plant cutting
in, 485, 487, 488; sheriff of, to pay
Edward Chilton, clerk of the General
Court, certain fees, 495; Col. Talbot
escapes from jail of, 506.

Goddard, - , petitions for right

given owners of vessels, 78.

Godwin, Edmond, to appear before the
Council, 318; justice, submits to Gen¬
eral Court, 319; accused of illegal
practices at election of a burgess, 437,
438; guilty of misdemeanor, 441.

Godwin, Capt. Thomas, guilty of mis¬
demeanor, 441; executor of the Hon.
John Lear, 459.

Godwin, Major Thomas, accused of il¬
legal practices at election of a burgess,
437, 438; guilty of misdemeanor, 441.

Gold, one moiety of all, taken from
wrecked vessels, to be reserved for
king’s use, 89.

Gold Mines, Col. Hill goes in search of,
522.

“Golden Fortune,” a ship, mentioned,
16, 490.

Goodrich, Charles, justice of peace, peti¬
tion of, 408; major of Charles City
County militia, 443.

Goodrich, Joseph, juror, 174.

Goodrick, Mrs. Alice, paid for services,
315. _

Goodwin, Capt. Thomas, accused of as¬
saulting James Jossey, 315.

Gourdon, John, minister, trouble of, with
vestry, 327 ; composes differences with
vestry, 328; case against, 465.

Gout, two members of Council afflicted
with, 87.

Government officials, to reside in Colony
123.

Governor, king petitioned to empower
to levy taxes in certain cases, 8; not
to leave Colony without permission,
101, 518; salary of, 493, 517, 522;
Council considers building house for,
171; appointed vice admiral of the
rivers of Virginia and adjacent seas,
270; administers oath to members of
Council as judges in General Court,
421; head of the church in Virginia,
496; instructions of, read in Council,
^ 525.

Governor. See also: Andros, Edmund;
Berkeley, Sir William; Chicheley, Sir
Henry; Culpeper, Thomas, Lord; Ef¬

fingham, Francis, Lord Howard; and
Nicholson, Francis.

Graham, James, letter from, 190.

Grain, proclamation prohibiting the ex¬
porting of, 51.

Grand Juries, method of securing, 38,
40, 47, 148, 493 ; to enforce order for
publishing in churches the act for sup¬
pressing swearing, etc., 268.

Grants, to exempt planters from paying
quitrents for the first seven years, re¬
voked, 279.

Gravenrod, - , harborer of pirates,

to be arrested, 454.

Gray, Samuel, minister, case against, 465.

Green (Greene), Bartholomew, deposi¬
tion of, 151, 152.

Green Spring, meetings of Council held
at, 6, 9, 10, 11, 43, 44, 492, 537; mili¬
tary supplies to be kept in brick wind¬
mill at, 40; mentioned, 360, 500.

Creenburg, Col. - , member of

Council of Maryland, mentioned, 298.

“Greenwich,” his Majesty’s ship, men¬
tioned, 352.

Gregg, Stephen, minister, trouble of,
with vestry, 327 ; to be tried for crime,
329.

Grenadeer armes, message sent to Eng¬
land concerning scarcity of, 143.

Grey, Anne, reprieved, 359; to be sent
to New Kent County jail, 360; peti¬
tion of, 459.

Grey, Samuel, accused of publishing a
scandalous libel, 442, 447.

Griffin, Lewis, executor of John Burn¬
ham, law case of, 479-492.

Griffin, Col. Samuel, deputy collector,

connection of, with - Davis,

299; gives Jno. Edmeston permit to
trade, 299, 300, 301 ; recommended to
succeed Col. Christopher Wormeley as
naval officer and collector of the lower
district of Potomac River, 386; re¬
fuses appointment as naval officer and
collector, 393.

Grigge, Thomas, surveyor of Stafford
County, 460.

Grove, Captain — , conduct of, in fight
with Dutch fleet, 532, 533.

Guard, act for keeping, at heads of the
great rivers, 60.

Guard houses, in Middle Plantation in
need of repair, 13.

Guardians, Roman Catholics disqualified
to serve as, 434, 435, 436.

Gulleck, Thomas, commander of the
“Adventure”, 450.

Gunners, salary of, 187, 255, 439; ap¬
pointed for fort at Tindall’s Point, 189;
runaway seamen to be taken to, at
Tindall’s Point, 267; at James City
authorized to lend powder, 421.

Gunpowder, seized by collector, 157.

Index

557

Guns, list of, in forts to be made, 117;
mounted at Tindall’s Point, 266, 331;
to be mounted in convenient places,
276; to be cared for, 320, 462; to be
better placed at James City, 322; plat¬
forms to be built for, at James City,
333, 339; platforms to be built for, at
York Fort, 333, 338; small guns for
salutes at James City, 344; bought
for use at James City, paid for, 349.

Gunsmiths, required to repair firearms,
215.

Gwyn, Dr. — , mentioned, 473.

Gyles, Thomas, to be prosecuted for tak¬
ing possession of land belonging to
Mrs. Mary Pitt, 426.

H

Habeas Corpus, Robert Beverley peti¬
tions for writ of, 27.

Haberdasher’s ware, imported contrary
to act for encouragement of trade, 241.

Hack, Capt. - , abuse of, 523.

Hack, Peter, deputy collector of the low¬
er district of Potomac River, 441.

Halbart, Capt. - , takes possession

of a ship, 349; ordered to take cap¬
tured ship into fresh water, 351.

Halberts, at Middle Plantation, in care
of John Page, 25.

Hale, George, surveyor of Lancaster
County, deceased, 460.

Haley (Haleys), John, plant cutter, proc¬
lamation concerning, 40, 48, 49, 488;
excepted from proclamation of pardon,
494.

Hamilton, Col. Andrew, to be postmas¬
ter general in America, 273, 274, 291,
527, 530; makes Peter Heyman his
deputy for Maryland and Virginia,
292; given power to establish ferries
in Virginia, 293, 294; letter from, 303,
319, 326; letter to be written to, 320,
334.

Hampers, public records to be put up in,
20, 23.

Hampton Court, mentioned, 69.

Haney, Richard, petition in reference to
parish of Fairfield, 355.

Hanly, John, petition of, asking to be
paid for work done at Tindall's Point,
429, 430; paid for building platform
at Tindall’s Point, 434, 436.

“Hannah and Elizabeth,” cooper on,
pressed into his Majesty’s service, 402.

Harbors, to be surveyed, 271; king s
commands concerning fortification of,
referred to Burgesses, 426.

Hardy, Joanna, reprieved, 496.

Harmanson, John, to appraise vessel,
243.

Harris, an Indian, disappearance of, in¬
vestigated, 79.

Harris, Richard, deposition of, 178.

Harrison, Benjamin, Sr. (of “Wakefield”,
Surry Co.), named a member of the
Council in Nicholson’s instructions,
398; subscribes oaths of office, 399;
administers oath of office to Governor
Nicholson, 399; with others, admin¬
isters oath to Governor Nicholson to
be vice admiral of Virginia, 399; mem¬
ber of Council, 399, passim to 458;
makes excuses for absence from Coun¬
cil meeting, 407 ; member of commit¬
tee appointed to consider instructions
for the improvement of the country,
431; commander-in-chief of Surry
County, 440; colonel and commander-
in-chief of Surry County militia, 443.

Harrison, Benjamin, Jr., (of “Berkeley”,
Charles City County), made clerk of
the Council, 401, 402; clerk of Coun¬
cil, attests copies of minutes, 403,
417, 451, 465; clerk of General As¬
sembly, 425; clerk of the Council, re¬
funded several sums advanced, 461;
salary of, 461; administers oath of
office to Governor Nicholson, 399;
one of a committee to inquire into
burning of state house, 392; called to
a meeting of the Council, 392.

Harrison, Bur, arrested for circulating
false reports concerning Indians and
Papists, 104, 519. (On page 519, “Ben”
erroneously appears for “Bur”.)

Harrison, Nathaniel, naval officer and
receiver for the Upper District of
James River, 449.

Harrison, William, reprieved, 39.

Hartwell, Henry, clerk of Council, 1, 6,
8, 9, 10, 11, 12, 470-474, 477, 478;
petition presented by, 162; member of
Council, 251, passim to 330, 531;
absent from meeting of Council on ac¬
count of sickness, 263; clerk of the
Court, 469; conduct of, in last As¬
sembly, 528.

Harvey, George, proposal of, for building
a platform, 339.

Harvey, John, appointed on commission
of oyer and terminer, 370.

Harvey, Hon. Thomas, deputy governor
of North Carolina, letter from, 341;
message from, 409; letter to, 430;
mentioned, 427; not qualified accord¬
ing to law, 428.

“Harwich, ” his Majesty’s ship, men¬
tioned, 366, 368, 369.

Haslett, William, juror, 174.

Hatcher, Ben, petitioner, 4.

Haward, James, to be prosecuted, 510.

Hayman (Heyman), Peter, deputy post¬
master general, 274, 527; petition of,
as to postoffice, 303; asked to appear
before Council, 319; attends the Coun¬
cil, 320; made collector of certain
revenues, 367; memorial from, 371;

558

Executive Journals , Council of Colonial Virginia

takes oath as naval officer and collec¬
tor, 382; ship brought to trial by,
383,431; paid for services, 396; com¬
plaint against, 411; collector and
naval officer, certain accounts of, 413;
complaint against, 429; mentioned,
449; reports that he has not received
papers from his predecessors in office,
459.

Hays, Adam, lookout on seaboard side of
Princess Anne County, 228.

Headboroughs, exempted from muster,

220.

Heather, William, arrested for inciting
rebellion, 105.

Henly, Patrick, suspected of being a spy,
127.

Henrico County, motion to appoint rep¬
resentative for, to raise men to pro¬
tect frontiers, 7 ; single free men in, to
be drafted for military service, 57;
sheriff of, to ascertain quantity of am¬
munition in, 140; powder sent to, 185;
militia officers of, 443; sheriff of, 446;
surveyor of, 460.

Henrico Parish, improper marriages in,
310.

“Henry Prize,” a vessel sent over for use
of government, 197, 526; sent to
Maryland for provisions, 227; ex¬
amined and reported on, 231, 232, 233;
mentioned, 248, 263; commander of,
ordered to keep vessel supplied with
men and victuals, 264; disabled by
want of cables and anchors, 274; to
be refitted, 278.

Herbert, John, fined for exporting skins,
31 ; lead and gunpowder consigned to,
seized by collector, 157 ; skins shipped
by, condemned, 491.

Heslett, William, applicant for position
of surveyor, 283; appointed surveyor,
312.

Hicks, Capt., commander of the “King¬
fisher”, 315.

Hides, John Herbert fined for exporting,
31; exportation of, prohibited, 60;
act for prohibiting exportation of, re¬
pealed, 61.

Higgison, Capt. Plumphry, mentioned,
284.

Hill, Col. Edward, petition of, concern¬
ing misrepresentation of his character,
2; complaint against, 10; letter from,
12, 263; to defend frontier, 54; mem¬
ber of Council, 163, passim to 458,
529, 531 ; candidate for position of col¬
lector, 223; collector of upper district
of James River, 250, 257; paid money
advanced, 278; directed to clear a
ship, 321; report of, 322, 358; advice
of, as to employment of friendly In¬
dians, 333; takes oath as naval officer,
334, 364, 382; to consider question of

attendant on General Court, 356; di¬
rected to have an interview with Col.
Parke, 360; appointed to compose a
difficulty between Col. Francis Nich¬
olson and Col. Daniel Parke, 361;
judge of the Court of Admiralty, 368
379, 431; appointed on commission of
oyer and terminer, 370; with others,
to administer oath to governor, 377;
appointed on committee to revise the
laws, 379; named member of the Coun¬
cil in Nicholson’s instructions, 398;
oaths administered to, 399; to inspect
fort at James City, 410; certain ac¬
counts of, 412, 413 ; judge of the Court
of Admiralty, asks that fees be fixed
for officers of his court, 413; takes
oaths of office, 413; to have certain
ship’s furnishings sold, 415 ; member of
committee appointed to administer
oaths to burgesses, 425; colonel
and commander-in-chief of Charles
City County militia, 443; authorized
to select land on Blackwater Swamp
for special use, 447; judge of the
Court of Admiralty, salary of, 449;
goes in search of gold mines, without
license, and summoned to appear be¬
fore the Council, 522; incapable of
holding certain office on being ap¬
pointed collector, 530.

Hill, Edward, Jr., lieutenant colonel
Charles City County militia, 443.

Hill, Capt. Richard, accused of treason,
128, 524.

Hill, Samuel, disqualified to act as guard¬
ian of Mary Brewer, 433, 434, 435, 436.

Hinson (Hindson), John, suspected of
piracy and arrested, 107, 112; peti¬
tioner, 115, 124; permitted to leave
Colony, 137; mentioned, 164; goods
taken from, to be sent to England, 172;
claims against, 304; case of, 520, 521,
522.

Hispaniola, mentioned, 380, 510.

Hodges (Hodgis), Capt. Thomas, deposi¬
tion of, 180; to appraise the “Crane,”
of Dartmouth, 234.

Hoe, Rice, naval officer and receiver in
Westmoreland County, 450.

Hogsheads, proclamation concerning size
of, 63.

Holladay (Holliday), Ann, complaint of,
against Samuel Hill and John Read,
433, 434, 435.

Holladay (Holliday), Anthony, com¬
plaint of, against Samuel Hill and
John Read, 433, 434, 435; sheriff of
Isle of Wight County, 446.

Holmes, John, master of the sloop “Con¬
tent”, 380.

Holmes (Homes), Sir Robert, king’s
agent concerning privateers and pir¬
ates, 113; mentioned, 164; commis-

Index

559

sioner to try pirates, 511; to prosecute
cases of piracy, 520; money to be de¬
livered to, 523.

Holmewood, John, seaman, 125.

Holt, Thomas, sheriff of Surry County,
446.

Holy Island, a creek, mentioned, 242.

“Hope,” a ship, case of, 386.

Hot Waters, meeting of Council held at,
52.

House, for the governor, instruction in
reference to, 400; necessity of, referred
to, 409; to be built, 517.

Howard, James, illegal proceedings of,
318.

Howell, James, made justice of peace,

411.

Howells, Barentine, petitioner, 442.

Hubberd, Matthew, petitioner, 78.

Hudson, George, minister, license of,
323; testimony of, 325.

Hudson, Matthew, in custody of sheriff
of James City County, 28.

Hue and cry, to issue forth, for appre¬
hending offenders, 27.

“Humble Servant,” a ship, suspected of
illegal trading, 297.

Hungars (Hungaries) Parish, church
trouble in, 496.

Hunt, Capt. William, made justice of the
peace, 408.

Hurd, - , mentioned, 490.

Husband, Edward, land of, 494.

Hyde, L., member of the committee of
the Privy Council, to manage affairs of
the foreign plantations, 485.

I

Imbargo, sailing of vessels during time of,
prohibited, 157; laid on ships, 298.

Immorality, those guilty of, not to be ap¬
pointed to office, 516.

Inch of candle. See “Auction”.

Indemnity, act of, mentioned, 5.

Indians, opinion of Council in reference
to presents sent to, by commissioners,
4; motion to appoint officers to raise
men to repel attacks of, 7, 9; trans¬
portation expenses of, not to be paid
by Colony, 40; ways of defending
Colony against attacks of, considered,
52,139; committee appointed to con¬
firm articles of peace with, 71; New
York asks for help in defense against
attacks by, 93, 259; rumors of con¬
spiracy of, investigated, 104; instruc¬
tions given for repelling attacks by,
111, 448; report concerning hostile,
117, 118, 129; leases, sales or ex¬
changes of land with, declared void,
135, 136; copy of depositions con¬
cerning expedition against, sent to
England, 140; trading with, prohibi¬

ted, 154, 153; four, capured and sent
out of country, 147 ; transported by
Daniel Pugh, 158; rangers appointed
to protect Colony against, 160; free
trade with, proposed, 164; interpre¬
ters appointed for, 182; kept without
license, 202; commissions to interpre¬
ters for, 203; six arrested, 206; dam¬
age done by, to be paid for, 216; to be
punished for circulating false reports,
217; requested to give notice of in¬
tention to visit Colony, 230; requested
to carry passes, 253; complain about
lack of assistance from colonies, 259;
justices of peace of New Kent County
give information concerning, 266; act
for free trade with, 279; petition in
reference to an order of General Court
and Council relating to their lands,
284; murder committed by, 315, 347,
370, 375, 456; in fear of foreign Indians,
322; mentioned, 332 ; seen at the head
of James River, 333; assistance to
New York against, 336, 340, 526; ask
assistance against French, 338; num¬
ber of and possessions of in Pamunkey
Neck and south of the Blackwater,
338; interpreters for, to attend the
Council, 338; returned to Virginia
by the governor of Maryland, 342;
letter from governor of Maryland
in reference to, 367, 369, 370; on
southside Potomac River, 368; set¬
tled in Virginia, 369; coming from
Maryland into Stafford County, in¬
formation in reference to, 371, 372;
land belonging to, 373; in Stafford
County, discharged, 374; letters in
reference to, from governor of Mary¬
land, 374; trade with, 409, 459, 488;
to pay tribute, 415; Northern, incur¬
sions of, 497; Northern, peace to be
made with, 500, 506; militia ordered
to be ready for, 506; tribute from, to
be accounted for, 508; of Virginia and
New York, agreement between, 517;
declaration of war with, by governor
in Virginia, 518; rumor as to plot made
by, 519; lands to be reserved for, 523;
Robert Thomas ordered not to trade
with, 523; trade with, regulated, 525;
apprehensions raised by, 533. See
also: Cayuga; Doeg; Five Nations;
Chickahominy; Mohawk; Mattapony;
Nottoway; Meherrin; Nansiattico;
Onandaga; Oneida; Pamunkey; Pis-
cataway; Rappahannock; Schaghti-
coke River; Senaca and Wiccomico
Indians.

Indian arrows, to be paid in lieu of quit-
rent, 77.

Indian corn, law requiring the planting
of, to be enforced, 47 ; exportation of,
prohibited, 51, 66.

560

Executive Journals, Council of Colonial Virginia

Indies, Scotch company formed for trade
to, 350.

“Industry,” of Plymouth, a ship, men¬
tioned, 276.

Infantry, captain of, appointed, 208.

Inglesby, Maj. Richard, governor of New
York, 259.

Ingram, - , execution against, men¬

tioned, 471.

Inman, Henry, excepted from proclama¬
tion of pardon to plant cutters, 494.

Inquest, held by coroner of Charles City
County, 440.

Instructions, of December 21, 1681, read
and ordered to be registered, 36.

Insurrections, order for the prosecution
of persons participating in, 37; mili¬
tary officers authorized to act in case
of, 184.

“Integrity,” a ship, mentioned, 429;
condemned, 431, 464.

Interpreters, appointed, 182; commis¬
sions to, read and approved, 203; to
make list of lands belonging to Indians,
373; to conduct Indians to Middle
Plantation, 415; commissions of, to
be prepared in the secretary’s office,
456.

Invasions, military officers, authorized
to act in case of, 184.

Irishman, master of vessel said to be, 212.

Irishmen, limited number of, to be
“sold” on any one river, 139; sus¬
pected of being spies, 127.

Iron, act prohibiting exportation of, re¬
pealed, 61; imported contrary to act
for encouragement of trade, 241; act
prohibiting exportation of, 500.

Island of Barbadoes, European goods
brought to Colony from, 13; Irish¬
men escape from, 127.

Isle of Wight County, motion to appoint
officer for, to raise men to protect
frontiers, 7; provision made for pro¬
tection of, 9; sheriff of, 10, 446; men¬
tioned, 137; sheriff of, to ascertain
quantity of ammunition in, 140; pow¬
der sent to, 185; surveyor of, 283, 460;
work of surveyor of, inquired into,
362; surveyor of, to attend meeting of
the court, 364; surveyor of, suspended
from office, 366; land patent in, 372;
militia officers of, 443; sheriff of, to
receive a criminal from sheriff of James
City, 491.

Isle of Wight County Court, order of,
complained of, 519; case sent back to,
520.

J

Jack, a negro, mentioned, 271.

Jackson, Anthony, deposition of, 178;
deputy sheriff, 178.

Jackson, John, master of the “George”,
of Piscataway, 153.

Jackson, Capt. John, commander of the
“Smyrna Merchant”, 346.

Jadwin, Jeremiah, appointed justice, 345.

Jamaica, ships from, 119, 335, 357; reso¬
lution in reference to ships from, 35 3;
act passed in, for restraining pirates,
387; information from, as to settle¬
ment by Scotch, 455.

“James,” a vessel, mentioned, 7.

James II, proclaimed king, 70; rumor
concerning the birth of son to, 282;
Council declare themselves against,
346.

“James and John,” of London, a vessel,

120.

James City, meetings of Council held at.
1, passim to 458; mentioned, 3, 25,
440; Robert Beverley to appear be¬
fore Council at, 26; continued as seat
of government, 271; powder to be kept
in, 275; special prayer to be offered
in churches of, asking divine help for
General Assembly, 276; guns at, 315,
462; court at, mentioned, 331; salary
of gunner at, 348; magazine at, 350;
day of thanksgiving in, 378; gunner at,
authorized to lend powder, 421; ac¬
count of arms and ammunition at,
426; sheriff of, not to sell goods of
William Morris until further informa¬
tion, 488; sheriff of, ordered to re¬
ceive a criminal, 491; Edward Davis
and others committed to jail of, 520;
See also Jamestown.

James City Church, difficulty as to sup¬
plies, 325.

James City County, sheriff of, 12, 28, 40,
446; Richard Moor, deputy sheriff of,
29; Robert Beverley in custody of
sheriff of, 29; single free men in, to be
drafted for military service, 57; ex¬
ceptions in the act concerning arrests
to be in force in, 60, 61; sheriff of, to
ascertain quantity of ammunition in,
140; petition of justice of, 161; school
house offered to, under certain condi¬
tions, 162; powder sent to, 185; fee
of sheriff of, 234; justices of the peace
appointed for, 284; sheriff of, to send
two murderers to England, 296; men¬
tioned, 318; Col. Philip Ludwell, bur¬
gess for, 324; Wilmington Parish,
church trouble in, 327, 328; day for
thanksgiving in, set, 342; sheriff of,
to have custody of a certain Indian,
342; sheriff of, refuses further to
serve as attendant of the General
Court, 356; sheriff of, to attend Gen¬
eral Court, 363; militia officers of,
444; surveyor of, 460; function of
sheriff of, as to grand juries, 493; lia¬
bility of inhabitants of, to arrest, 500.

James City County Court, order of, 310.

Index

561

James City Fort, guns and ammunition
in, to be listed, 117; powder sent to,
185; salary of gunner at, 187, 255;
tar for use of, 255; small guns needed
at, 344; warrant for gunner at, 348;
account of gunner at, 410; to be aban¬
doned, 432, 433.

James City Parish, some inhabitants of
Wilmington Parish desire to be added
to, 409.

James River, garrison at head of, 4; col¬
lector in lower district of, 13, 367, 449;
petition asking for seal for district
customs collector, 72; ships to ride in,
154, 256; collector for upper district
of, 223, 224, 449; escheator of lands
on south side of, 239; deputy collector
to be appointed for lower district of,
265; pilot appointed for, 275, 426;
representation in reference to survey¬
ing land on south side of, 281 ; Indians
appear at head of, 312, 332; rangers
at head of, to be discontinued, 330;
ships in, mentioned, 353; entering
and clearing of ships in lower district
of, 371 ; places on, for unloading boats,
396; complaint against collector of
lower district of, 429; escheator ap¬
pointed for land between James and
York rivers, 445; escheator appointed
for south side of, 445; Virginia mer¬
chant ships escape into, 533.

Jamestown, guns to be brought to, 316;
condition of fort at, 322; platform for
guns at, 339; fort at, protects ships,
533. See also James City.

“Jane,” a ship, suspected of illegal trad¬
ing, 297; letter in reference to, 316;
mentioned, 341, 344.

“Jane and Margaret,” a ship, mentioned,
381.

Jarvis, Arthur, case of, 397.

Jarvis, Mrs. Elizabeth, petitioner, 253,
261.

Jarvis, Thomas, petition of widow of,
237 253.

Jeffries (Jefferies), The Hon. Herbert,
declines to accept Philip Ludwell’s
apology, 2; governor, case of, against
Col. Ludwell, 468-478; mentioned,
486. , , , •

Jeffries, Lord, sends command of king
to Virginia, 511. .

Jeffries (Jeffreys), Jeffrey, mentioned,
234, 426.

Jeffries (Jefferies, Jefferys), Capt. Will-
iam, commander of the “Concord ,
21, 489; Robt. Beverley delivered into
custody of, 22. . .._

“Jeffryes,” a vessel, mentioned, 118.

Jenifer, Daniel St. Thomas, applicant
for position of surveyor, 283. .

Jenkins, Henry, to sell certain things by
auction, 121; petitioner, 189, 383; to

be brought before the Council, 490;
master of a ship, 526.

Jennings, Charles, deputy collector, fails
to hand over certain papers, 459.

Jenning, Edmund, sheriff of James City
County, 12.

Jennings (Jenings) Edmund, to assist in
ratification of articles of peace with
Indians, 72; attorney general, 84, 87;
appointed member of Council, 172,
526; member of Council, 187, pas¬
sim to 458, 529, 531; salary of, as at¬
torney general, 187, 499, 510; collec¬
tor, 224; ammunition stored in house
belonging to, 261; to draw up state¬
ment as to condition of the country,
322; sloop of, 326, 330; takes oath as
collector and naval officer, 334, 382;
meeting of Council held at house of,
335, 345, 352; to make agreement for
building platform, 338; deputy sec¬
retary, 348, 417, 426; naval officer
and collector in York River, ships in
charge of, 354; to consider question
of attendant on General Court, 356;
report of, 358; acquaints Council with
application of Mr. Commissary Blair
for a pass, 363; takes oath as naval
officer, 364; deputy secretary, brings
in drafts of letters, 365; attests copies
of proceedings, 365, 369, 372, 377, 385,
388, 397; with others, to administer
oath to governor, 377; appointed on
committee to revise the laws, 379; to
examine case of a ship, 381; ordered
to deliver a ship to owner, 388; re¬
imbursed money advanced, 396;
named member of the Council in
Nicholson’s instructions, 397; oaths
administered to, 399; to secure from
Sir Edmund Andros, certain papers,
401; proclamations attested by, 403,
404, 406, 407, 452; to inspect

forts at York and Tindall’s Point, 410,
411; collector and naval officer of
York River, swears to accuracy of
certain accounts, 412; ships’ tackle in
possession of, 415; ordered to examine
work of John Hanly at Tindall's Point,
430; authorized to dispose of some of
the stores saved from the advice ship
“Swift”, 431; to answer king’s in¬
structions relating to the office and
duty of secretary, 441; colonel and
lieutenant commander-in-chief of York
County militia, 444; to secure some¬
one to take care of military stores at
Tindall’s Point, 462; attorney gen¬
eral, petition of, 492; jurisdiction of,
in certain cases, 492, 493; sworn clerk
of the Council, 526; should be re¬
tained as collector, 528, 529; resigna¬
tion of, from place of attorney gen¬
eral, 529; letter of, 536.

562

Executive Journals , Council of Colonial Virginia

Jennings (Jenings), Capt. John, commo¬
dore of Virginia and Maryland vessels,
163, 165; to inspect the “Dunbarton”,
163; report of, concerning the “Dun¬
barton”, 170; complaint against, 177,
178.

Jennings, Hon. Peter, to inquire into con¬
cealment of prizes, 367 ; with others,
to administer oath to governor, 377;
mentioned, 529.

Jenny, an Indian slave, to be tried for
murder, 320.

Jesuits, rumored they are to be driven
out of England, 282; French, sus¬
pected to be with Indians in Stafford
County, 375.

Johanakins Bridge, out of repair, 342.

“Johannah,” a ship, mentioned, 388.

“John and Sarah,” a sloop, John Strange
fails to produce certificate of the un¬
loading of, 265.

Johnson, Col. Richard, juror, 204; men¬
tioned, 251; member of Council, 335,
passim to 430; appointed on com¬
mission of oyer and terminer, 370; to
draft a bill, 394; named a member of
the Council in Nicholson’s instruc¬
tions, 398; absent from Council on ac¬
count of illness, 398, 434; makes ex¬
cuse for absence from Council meeting,
407 ; takes oath of office, 422.

Jones, Col. Cadwallader, orders given to,
regarding Indian affairs, 52; letter
from, 258; governor of Providence,
trouble with inhabitants, 266; propo¬
sition of, for trade with Indians, 409.

Jones, David, petition of, 411.

Jones, Griff, of Middlesex County, testi¬
mony of, in case of Governor Jeffries
vs. Col. Philip Ludwell, 473, 474.

Jones, Capt. Roger, suggests conscription
to increase sea force, 49; asks that
repairs to sloop be paid for, 50; to be
paid all expenses accrued in equipping
sloop, 53; commander of a sloop, 496.

Jordan, George, petition of, 411.

Jordan, Capt. Thomas, accused of illegal
practices at election of a burgess, 437;
accused of sedition, 438; guilty of
misdemeanor, 441.

Jordan’s Parish united with Westover
Parish, 512.

Jossey, James, assaulted, 315; complaint
of, 318, 319.

Judgments, act for signing executions
on, repealed, 61.

Jury, recommended by Council in trial
of Philip Ludwell, 470.

J ustices, Lords, of England, proclama¬
tion from, 366; orders of, in reference
to apprehending Capt. Kidd, a pirate,
422; warrant of, to governor author¬
izing the payment to William Byrd of
money expended, 423.

Justices of peace, suspension of repeal of
act concerning, requested, 6; procla¬
mation requiring, to report a perfect
abstract of county levies, 36, 38, 46;
to disregard orders and papers issued
by Philip Ludwell, 131; form of com¬
mission and dedimus for swearing,
approved, 177, 275; persons ap¬
pointed, refuse to be sworn, 193, 202;
commissions prepared for, 193, 202,
239; letter from, giving information
concerning Indians, 266; not attend¬
ing court, fined, 508; names of, to be
published at opening of each court,
508; first in commission, not to be
listed by militia officers, 526. See also
County Courts.

K

“Katherine,” a ship, mentioned, 49, 385;
repairs to, ordered to be paid for 50.,

Kecoughtan (Kickquotan, Kiquetan,
Kiquotan), mentioned, 189, 263, 331;
deputy collector to be appointed for,
^265.

Keeling, Capt. Adam, sheriff, letter from
536; former sheriff of Lower Norfolk
County, 537.

Keeling, George, added to the commis¬
sion of New Kent County, 421.

Kemble, Abigail, accused of murdering
husband, 271.

Kemble, Robert, murdered by wife, 271.

Kemp, Col. Matthew, member of Coun¬
cil, 6, 13, 17, 26, 27, 472, 473, 474; au
thorized to call out militia to quell
disorder of inhabitants of Gloucester
County, 18; authorized to transport
public records to secretary’s office, 20,
23; death of, mentioned, 44, 495; or¬
dered to seize Assembly (House of
Burgesses) papers, 489; lieutenant
colonel of Middlesex County militia.
444.

Kendall, Col. William, agent for Vir¬
ginia in treating with the Indians, 503.

Kener, George, complaint against, 288.

Kennor, Rodham, major of Northumber¬
land County militia, 444; sheriff of
__ Northumberland County, 446.

Kersey, imported contrary to act for en¬
couragement of trade, 241.

Kidd, Capt. - , orders of Lords

Justices of England in reference to ap¬
prehending, 422, 423.

King, - , to be tried for murder of

his wife, 305.

King, John, mentioned, 127; deposition
of, 442; gives information concerning
a libeler, 447.

King and Queen County, powder sent
to, 185; St. John’s Parish, petition of,
280; land in, given to William and
Mary College, 304; St. John’s Parish,

Index

563

church trouble in, 325, 326, 328; let¬
ter from magistrates of, 411; petition
of William Leigh, asking for a grant
of certain land in, 440; militia officers
of, 444; William Leigh granted land
in, 446; sheriff of, 446; commission¬
ers to meet at courthouse of, 457 ; sur¬
veyor of, 460.

King and Queen County Court, Indians’
petition referred to, 320.

King James. See James II.

“Kingfisher," a ship, mentioned, 315.

Kingson, John, paid for services, 396.

Kitson, Richard, petitioner, 438.

Knott, Lewis, pilot for Nansemond
River, 434.

Knowle, Sands, mentioned, 157.

L

Lambert, George, arrested for inciting
rebellion, 105.

Lambmot, William, clerk of Denbigh
Parish, complaint against, 322, 323,
340.

Lancaster County, sheriff of, 10, 446;
single free men in, to be drafted for
military service, 57 ; powder sent to,
185; militia officers of, 444; surveyor
of, 460.

Land, act for planting two acres of, to
be enforced, 38; petition to survey
and seat, in Pamunkey Neck, 94;
petiton to take up and seat unoccu¬
pied, 122; leases, sales or exchanges
of, with Indians declared void, 135,
136; patents granted in Northern
Neck, 201; Committee for Trade and
Plantations asked for opinion in refer¬
ence to escheat of, when there are no
near kin, 240; patents issued for, 272;
instruction against taking up large
quantities of, 400; importation of
negroes no grounds for grants for, 420;
grant of, in King and Queen and Essex
counties, 446; proclamations regard¬
ing claims to, in Pamunkey Neck and
south side of Blackwater Swamp, 446;
certain lands on Blackwater^Swamp
reserved for special use, 447 ; proc¬
lamation in reference to land rights,
456, 457; method of procuring, 457;
escheated, regulations in reference to,
463. ,

Landing places, to be surveyed, 271;
king’s command concerning fortifica¬
tion of, referred to Burgesses, 426.

Langhorne, Capt. John, mentioned, 14.

Large, Le, French prisoner of war, re¬
leased, 418. .

Larkin, Cornelius, accused of piracy, to
be apprehended, 451.

Larrimore, Captain — •, ship ot, pur¬

sues Berkeley to Eastern Shore, 4/4,
475.

Law, Common, distinction made in pro¬
ceedings of General Court between
common law and chancery, 420.

Law breaking, acts against, to be put in
force, 524.

Lawrence, Sir Thomas, claims to be gov¬
ernor of Maryland, 298.

Laws, report of committee appointed to
revise, 87 ; to be revised and sent to
England for approval, 102, 271, 514;
proclamation for enforcement of, 147 ;
487, 524, 525; revisal of, delayed,
284, 381; revisal of, mentioned, 304,
388, 389, 435; committee appointed
to revise, 378, 379, 507 ; report of com¬
mittee on revisal of, 385, 395; com¬
mittee for revisal of, ordered to make
report in writing, 387 ; notice given
committee for revisal of, 390; propo¬
sition concerning quitrents laid be¬
fore committee for revisal of, 461;
committee for revisal of, to consider
best method of settling ferries, etc.,
464; method of distribution, 481;
king’s letter in reference to revisal of,
510; style of enactment, 513, 514;
regulations as to passage of, for levy¬
ing money, 514; regulations in refer¬
ence to re-enactment of, 515; of Eng¬
land, to control in Virginia, 516.

Lawson, Col. Anthony, lieutenant col¬
onel and commander-in-chief of Prin¬
cess Anne County militia, 443; sheriff
of Lower Norfolk County, 537.

Lead, seized by collector, 157.

Leake, Mrs. Rebecca, house of, robbed
by pirates, 26, 39.

Leamon, Edward, one of the owners of
the ship “Wolf", 297.

Lear, Col. John, member of Council, 44,
passim to 336, 495, 513, 529, 531; pro¬
posed as member of committee to
confirm articles of peace with Indians,
71; appointed to settle dispute be¬
tween Charles City and Surry Coun¬
ties, 103; to report on guns and am¬
munition in Nansemond Fort, 117;
commander-in-chief of Nansemond
County, 145; collector for Upper Dis¬
trict of James River, 224; collector
for Lower District of James River,
250, 257, 309, 313; letter from, 263;
takes oath of office, 269; deceased,
337; with others, to administer oath
to governor, 377; securities of, to be
prosecuted, 459; official papers of,
not turned over to successor in office,
459; appointed to act as judge, 507;
authority of, slighted, 510; to be
present at meeting of Isle of Wight
County court, 520.

Lear, Capt. Thomas, mentioned, 283.

Leather, act prohibiting exportation of
repealed, 61, 500.

564

Executive Journals, Council of Colonial Virginia

Lee, Hancock, naval officer and receiver
for the Potomac River District, 450.

Lee, Col. Richard, member of Council,
1 , passim to 5 13 ; proposed to be mem¬
ber of committee to confirm articles of
peace with Indians, 71; commissioned
to obtain prisoner held in Maryland,
73; refuses to take new oaths, 172,
177, 526; public papers in possession
of, given to successor, 200; letter of,
in reference to officers in Maryland,
298; information of, as to strange In¬
dians, 312; case against, 334; votes
against sending men to New York,
343 ; case of two ships referred to, 357 ;
report of, 358; appointed naval officer
and collector of the Upper District
of Potomac River, 364; appointed
on commission of oyer and terminer,
370; with others, to administer oath
to governor, 377 ; takes oath as naval
officer, 383; made naval officer and
collector of the Lower District of Po¬
tomac River, 393, 394; to draft a Dill,
394; named member of Council in
Nicholson’s instructions, 398; takes
oaths of office, 424; member of com¬
mittee appointed to administer oaths
to burgesses, 425; member of com¬
mittee appointed to consider instruc¬
tions for the improvement of the coun¬
try, 431; colonel and commander-in¬
chief of Westmoreland County militia
and of Richmond County militia,
444, 445; sits in trial of Philip Lud-
well, 470; signs report as member of
Council, 489; to go to Maryland for
Col. Talbot, 506; appointed to act as
judge, 507; John Waugh to appear
before, 519, 522.

Lee, Mrs. Sarah, house of, burgesses to
meet in, 410.

Legg, Edward, execution of sentence on,
suspended, 272; to be sent to England,
296.

Legoux, Capt. John, surrenders cap¬
tured ship, 351.

Leigh, Francis, member of Council, 9, 11.

Leigh, William, one of a committee to
inquire into burning of State House,
392; called to a meeting of the Coun¬
cil, 392; petition of, asking for a grant
of certain lands in King and Queen
and Essex counties, 440; colonel and
commander-in-chief of King and
Queen County militia, 444; granted
land in King and Queen and Essex
counties, 446.

Leightonhouse, Robert, juror, 242.

Leith, Scotland, mentioned, 24.

Lennon, William, execution of a judg¬
ment obtained by, 3.

Leslier, Jacob, mentioned, 189.

Letters. See Mail.

Levies, proclamation to be prepared re¬
quiring justices and churchwardens to
return abstracts of, 36, 38; justices
and churchwardens to report on, 46;
parish, act for laying, repealed, 61;
act for easing, per poll, 171, 186;
parish, to be signed by churchwardens,
214; county, to be signed by commis¬
sioner of the peace, 214; abstract of,
to be sent to secretary’s office, 526.

Lewis, Elizabeth, to be kept in close
custody, 314; reprieved, 522.

Lewis, Capt. John, sheriff of New Kent
County, 12; added to the commission
of New Kent County, 421.

Liberty of Conscience. See Conscience,
Liberty of.

Library, given by the Bishop of London,
523.

Licenses, profits arriving from wine li¬
censes to be accounted for, 77.

Lieutenants, commissioned, 193.

Lightfoot, John, juror, 174.

Lightfoot, Hon. John, not sworn as mem¬
ber of the Council, 352; letter from
king in reference to, 353; heard in ref¬
erence to his appointment to the Coun¬
cil, 357 ; summoned to attend Council
meeting, 359; sworn in as member of
the Council, 360, 399; member of
Council, 361, passim to 458, 472, 473,
474; named a member of the Council
in Nicholson’s instructions, 398; sub¬
scribes association, 399; complains
about two entries in Council book con¬
cerning himself, 433; colonel and
commander-in-chief of New Kent
County militia, 444; escheator for
land between James and York rivers,
445.

Lightfoot, Col. Philip, petitioner, 173;
called to a meeting of the Council, 392;
one of the committee to inquire into
burning of State House, 392; collec¬
tor for the Upper District of James
River, 449; testimony taken before,
472, 473, 474.

Ligon, Richard, surveyor of Henrico
County, 460.

Lindsey, George, sent to England to re¬
port on conditions in New York, 128.

Linen, manufacture of, to be guarded
against, 214; imported contrary to
act for encouragement of trade, 241.

Liquors, duty on, 116, 200; selling, with¬
out license prohibited, 148; act for
laying imposition on, 186; imported
contrary to law, 204; duties on, to be
expended by governor, Council and
burgesses, 529.

“Little John,” a ship, mentioned, 179.

Littleton, Capt. Nathaniel, to appraise
vessel, 243; lieutenant colonel of

Index

565

Northampton County militia, 445;
sheriff of Northampton County, 446.

Littleton, Col. Southey, foreman of jury
trying Col. Philip Ludwell, 477; agent
for Virginia in treating with Indians,
503.

Livingston, - , letter from, 190.

Lloyd (Loyd), John, petitioner, 285;
ordered to appear before Council, 288.

Lloyd (Loyd), Thomas, president of
Pennsylvania, 167, 192.

Lloyd, Thomas, major of Richmond
County militia, 445.

Lloyd, Lt. Col. William, nominated to be
an officer to raise men to protect fron¬
tiers, 7 ; motion to make him an officer
to raise men to protect frontiers, de¬
feated, 9; to provide quarters for
rangers, 57.

London, Bishop, of, request sent to, for
minister, 7 ; king’s letter to, to be pub¬
lished, 267, 268, 525; to license school¬
masters in Virginia, 456, 508; certifi¬
cate from, to be required in case of ap¬
pointment to benefices, 515; jurisdic¬
tion of, to extend to Virginia, 515;
library given by, 523; makes James
Blair his commissary in Virginia, 523,
525; connection of, with church of
Virginia, 529; mentioned, 531.

“London Merchant,” a ship, to be
cleared for England, 321.

Londun, - , French prisoner of war,

released, 418.

Longest, Richard (Rigard), wife of, ac¬
cused of cutting tobacco plants, 24.

Lookouts, appointed, 144.

Lopdell, Luke, accused of importing
liquor contrary to law, 204.

Lords Justice of England. See Justices,
Lords, of England.

Lourie, - , mentioned, 459.

Lovegrove, Richard, justice, case against,
318, 319.

Low, Micajah, made justice of the
peace, 409.

Lower District of James River, com¬
plaint against collector of, 429.

Lower Macholique, mentioned, 364.

Lower Matchodic River, vessels to ride
in, 154.

Lower Norfolk County, motion to ap¬
point representative for, to raise men
to protect frontiers, 7 ; provision made
for protection of, 9; lookout appointed
for seaboard side of, 144; mentioned,
178.

Lowry, John, petitioner, 275.

Lowry (Lowrey), William, justice of the
peace, 309; appointed surveyor, 312;
appoints Capt. Miles Cary his depu¬
ty, 407 ; surveyor of Elizabeth City
and Warwick counties, 460.

Ludwell, Col. Philip, members of Coun¬
cil petition governor to reinstate, 2;
member of Council, 6, passim to 78,
489, 513; to draw up instructions for
collecting taxes, 8; intends to visit
England, 44; dismissed from Council,
88; report of the Lords Committee
for Trade and Plantations presented
by, 116; governor of North Carolina,
126, 198, 324; deputy surveyor gen¬
eral of Virginia, 126, 158, 507; orders
and papers issued by, to be disre¬
garded, 131; agent for heirs of Lord
Culpeper, 237, 524; order to, 310;
governor of North Carolina, elected
member of the House of Burgesses,
324; administer oath of office to Gov¬
ernor Nicholson, 399; colonel and
commander-in-chief of James City
County militia, 444; case of Governor
Jeffries against, 468-478; money to
pay foot companies sent to, 485, 487;
signs a report, 489, 536; member of
Council, absent in England, 495; ap¬
pointed on committee to revise the
laws, 507; appointed to act as judge,
507; suspended from Council, 510;
petition of, 521.

Luffman, William, accused of murder,
271.

Luke, Mr., proposed to be made sheriff
of Stafford County, 528.

Lyddall, Lt. Col. George, nominated to
be an officer to raise men to protect
frontiers, 7; motion to make him an
officer to raise men to protect fron¬
tiers, defeated, 9; to provide quarters
for rangers, 57.

Lynhaven, mentioned, 520.

Lynnhaven Bay, Dutch fleet comes to
anchor in, 532.

“Lyon,” a ship, mentioned, 492.

Lyon, George, master of the “William”,
of Glasgow, 316.

Lyon, John, salary of, 187, 255.

M

Mackaly, Thomas, master of the “Hum¬
ble Servant”, suspected of illegal trad¬
ing, 297.

MacClannahan (Mackclanahan, Mack-
lenahan), Nathaniel, petition of, as to
treatment of him by North Carolina
authorities, 339; complaint of, 341;
to have certain goods restored to him,
499.

Mackemie (Mackenmie), Francis, a dis¬
senting minister, petitioner, 427.

Mackree, Robert, commander of the
“Jane”, 316.

Madagascar, mentioned, 454.

Magazine, governor petitioned to change
soldiers guarding, 12; to be replen¬
ished, 106.

566

Executive Journals, Council of Colonial Virginia

Mail, conveyance of, 141, 336, 340.

“The Main,” meetings of Council held at,
369, 384; tract of land in, 374.

Maison Neuve, French prisoner of war,
released, 418.

Malyn, Edward, gunner, 189; salary of,
255.

Mangohick Swamp, land on, 458.

Manly, John, sentenced to die and re¬
prieved, 39.

Mann, John, mentioned, 171.

Mantrue, Adam, deposition of, 212.

Manufactures, execution of act for ad¬
vancement of, to be suspended, 296,
297 ; act for advancement of, men¬
tioned, 307.

March, Owen, to deliver Yardley’s books
and papers to Yardley’s widow, 491.

Marchant, Christopher, charges against,
345.

Marine affairs, special office for, 410.

Mariners, proclamation concerning, 159;
168, 209.

Marrable (Marable, Marble), Captain
George, justice of the peace, 284;
claim of, 304; sheriff of James City
County, to attend General Court, 363;
paid for attendance on General Court,
364; petition of, 374; called to a meet¬
ing of the Council, 392; one of a com¬
mittee, to inquire into burning of
State blouse, 392; to be paid a certain
sum, 521; persons indebted to, 526.

Marriages, to be published in church,
148; to be registered, 148, 215, 508,
526; carelessness in issuing licenses for,
complained about, 267 ; licenses for,
to be directed to minister of the parish
where the woman resides, 267 ; im¬
proper, cases of, 309; irregular, to be
inquired into, 340; granting licenses
for, 464, 515, 526.

Marshall, Capt. William, cause of death
of, investigated, 266; murdered, 296.

Martin, Andrew, accused of piracy, to be
apprehended, 451.

Martin, George, master of the ship
“Mary”, illegal action of, 382.

Martin, Roland, accused of piracy, to
be apprehended, 451.

Martin, William, merchant of Plymouth,

82.

Martinico, mentioned, 127.

Mary, Queen of England, news of death
of, 323.

“Mary,” a ship, mentioned, 382.

“Mary and Elizabeth,” a ship, men¬
tioned, 381.

“Mary,” of London, a ship, taken into
custody and examined, 220, 221; men¬
tioned, 276.

Maryland, letter from secretary of, con¬
cerning Indians, 13; governor of,
asked to give up Col. George Talbot,

73; a collector of, killed, 109; copy
of orders for ships’ sailing sent to, 123,
129, 213, 226; copy of proclamation
sent to, 146, 163; ships sailing from,
subject to restrictions, 188; ships from
Scotland suspected of being in, 205;
borrows powder from Virginia, 229,
230; ships riding in, not to trade with¬
out paying duty, 240; letter from gov¬
ernor of, 248, 260, 271, 286, 367, 369,
370, 374, 387, 390; letter to governor
of, requesting that Edward Randolph
be remanded to Virginia, 284; affairs
in ,on death of Governor Copley, 298;
governor of, returns Indian to Vir¬
ginia, 342; proceedings in, against Col.
John Cood, 361; agents from, to In¬
dians, 371; John Cood accused of try¬
ing to raise a rebellion in, 416, 418;
suggestion that boundaries of shall
not encroach upon Virginia, and that
restrictions as to tobacco planting be
made therein, 488, 489; government,
complained of, 503; bounds of, 503;
Council of, demand Col. Talbot, 506;
mentioned, 520.

Mason, George, case of, 109, 110, 163,
167.

Mason, Capt. George, suspected of en¬
couraging lawlessness, 105; letter to
governor recommending David
Straughan, 167; ordered to continue
rangers if necessary, 206; deputy
commander-in-chief of Stafford Coun¬
ty militia, 216; letter from, 278, 368,
369, 370; sends information as to
murder of negro, 315; complaint of,
347 ; deputy commander and chief
officer of militia on Potomac, 347 ; ap¬
pointed on commission of oyer and
terminer, 370; commander-in-chief
Stafford County militia, 370, 445;
sheriff of Stafford County, 446, 528;
suspended from commission of peace"
519.

Mason, Col. George, to provide quarters
for rangers, 57.

Mason, James, petitioner, 442.

Mason, John Tufton, deposition of, 212.

Mason, Lemuel, lieutenant colonel and
commander-in-chief of Norfolk Coun¬
ty militia, 443.

Mason, Robert, accused of piracy, to be
apprehended, 451.

Mason, Robert Tufton, deposition of,

212.

Massachusetts, complaint against gov¬
ernor and Council of, 137.

Massachusetts (Mathasutes) Bay, men¬
tioned, 138; province of, pirates ap¬
prehended in, 451.

Matchotucks River, Rice Hoe, naval
officer and receiver for upper part of,
450.

Index

567

Mattapony Indians, town of, taken by
Seneca Indians, 53. See also Indians.

Maunde, William, testimony of, in ref¬
erence to seizure of negroes, 235; paid
for services, 236.

May, Philip, fined, 491.

Meal, exportation of, prohibited, 51, 66;
exportation of, permitted, 499.

Measles, epidemic of, 285, 292, 293.

Meech, Capt. Thomas, order concerning
ship commanded by, 227; accused of
violating act for encouragement of
trade, 241.

Meekeel, Roger, privateer, accused of
robbery, 68.

Meetings, proclamation prohibiting
riotous and disorderly, 33.

Meherin Indians, complaint against, 83.
See also. Indians.

Mein, Mr. - , instructions to col¬

lectors, 78.

Men-of-War, foreign, not to sail in time
of war close to English coasts, 498.

Merchant, Mrs. Abiah, petitioner, 438.

Merchants, to be encouraged, 516.

“Mermaid,” his Majesty’s ship, 486.

Merriweather, Nicholas, added to the
commission of New Kent County, 421;
order in reference to, 523.

Messengers, to be paid for services, 434.

Mexico, coin of, increased in value, 35,
37.

Meyn, Patrick, surveyor general of
American customs, 90, 512; sides with
governor in dispute with Captain
Crofts, 512; action of, as to Curra-
tuck, 512.

Middle Plantation, governor petitioned
to change soldiers guarding magazine
in, 12; guard house in, in need of re¬
pair, 13; militia called to arms at, 18;
militia to assemble at, to be paid for
services, 19; meetings of Council held
at, 19, 20, 21, 23, 25, 138, 146; two
women to appear before meeting of
Council at, 24; Col. John Page put in
charge of supplies at, 25; Indians to
pay tribute to governor at, 415; town
to be laid out at, 440; military stores
at, 499; mentioned, 500.

Middlesex County, sheriff of, 10, 158,
446, 492; sheriff of, to take Robert
Beverley into custody, 20, 21, 489;
Robert Beverley in, 25; single free
men in, to be drafted for military
service, 57; powder sent to, 185; Peti¬
tion for escheat of land in, 411; militia
officers of, 444; Court of Admiralty
to be held at court house of, 458; sur¬
veyor of, 460; mentioned, 473; case
in reference to certain lands in, 479,
480; plant cutters in, 488; sheriff of,
recommendations for, 528.

Middlesex County Court, applied to by
executors of Lt. Col. John Burnham,
484.

Middlesex County, England, inquisition
taken in, 497.

Middleton, - , to give bond for good

behavior, 523.

Middleton, Thomas, runaway negro of,
459.

Milhill, Edward, petition of, 309.

Military force (regular), to be sent to
the four forts, 10, 11, 12.

Military supplies, guard house contain¬
ing, in need of repair, 13; committee
to examine and report on, 38; to be
kept in brick wind mill at Green
Spring, 40; justices of the peace to
take account of, 525.

Militia, act concerning number in each
garrison, 6; mutiny of, complained of,
10, 12; who shall command king’s and
country’s, if united, 11; eight king’s
soldiers to replace country’s soldiers in
each garrison, 12; letter from Lord
Culpeper concerning pay of, 16; called
to arms at Middle Plantation, IS;
called out to quell disorder of inhabi¬
tants of Gloucester County, 18; com¬
manders of, authorized to call, to arms
when necessary, 19; in garrisons to go
to Middle Plantation to be paid for
services, 19; two foot companies dis¬
banded, 25; members of, who grow
tobacco subject to tax, 38; Council
petitions governor to increase, 41 ;
rangers from, increased and paid
out of governor’s salary, 43; officers
to report on condition of, 67, 125, 330;
persons qualified to serve in, to be
listed, 85; condition of, to be im¬
proved, 120; governor’s report on
condition of, 132; laws concerning, to
be read semi-annually, 134, 148;

rangers appointed, 142; soldiers ap¬
pearing at muster without arms to be
fined, 148; persons residing in county
more than one month required to en¬
list in, 155; commanders-in-chief of,
commissioned, 183; instructions for
mustering, 184; names of officers of,
read and approved, 193, 202; de¬
linquent fined, 208, 220; officers of, to
report on orders received, 210; Capt.
John Custis, dismissed from Accomac
County militia, 263; John Custis,
Esq., resigns from command of Ac¬
comac County militia, 263; of four
counties, visited by governor, 268;
officers of, continued in service, 269;
to be in readiness to repel French at¬
tack, 333, 350; pursue strange In¬
dians, 333; men from, to be sent to
the assistance of New York, 343; to
turn out on Thanksgiving day, 346;

568

Executive Journals, Council of Colonial Virginia

in Stafford County, orders sent to, 371 ;
lists of, to be made, 400; act for set¬
tling, to be considered by Assembly,
410; orders to commanders of, in ref¬
erence to apprehending pirates, 422,
423; list of officers of, 443, 444, 445,
448; all commissioned and non-com¬
missioned officers of, required to take
oath appointed by Parliament, 448;
commanders-in-chief to dispose of
powder sent them, 448; commissions
for officers of, prepared in secretary’s
office, 448; instructions to, for pro¬
tecting colony against invasions and
incursions, 448; to be raised to sup¬
press riots in New Kent, 485; ordered
to be ready against the Indians, 506;
suspension of officers of, 515; officers
of, to list all tithables except slaves,
525; officers prohibited from listing
certain persons, 526. See also Rangers.

Miller, Joseph, master of a ship, 312.

Millers, to be punished for taking of ex¬
cessive toll, 148.

Milner, Francis, letter to, from Thomas
Milner, 437, 438; sheriff of Nanse-
mond, 446.

Milner, Thomas, letter from, to Francis
Milner, 437, 438; surveyor of Nanse-
mond, Norfolk and Princess Ann
counties, 460; notes of the bounds
of the second grant to proprietors of
North Carolina in possession of, 199;
escheator of lands, 239; deceased, 312;
Speaker of the House of Burgesses,
529.

Minge, James, surveyor, 104, 460; dep¬
uty surveyor general, 158; mentioned,
172, 439; to appear before Council
in reference to survey of land in Pa-
munkey Neck, 281 ; land in Pamunkey
Neck not surveyed by, 284; clerk of
Charles City County, case of, 407,
408; coroner of Charles City County,
440; land taken up by, in Pamunkey
Neck, 458.

Minis, Charles, mentioned, 310.

Ministers, parishes in need of, 7; re'
quired to report christenings and bur'
ials, 79; to conform to canons of the
Church of England, 176, 515, 526;
salary of, 239, 295, 440; acts for sup¬
port of, to be executed, 295; to be li¬
censed by Bishop of London, 508; to
observe feast and fast days, 525.

Minson, John, petitioner, 125.

Mobjack (Mockjack) Bay, vessels to
ride in, 154, 256.

Mohawk (Maquas, Maquae) Indians
committee appointed to confirm ar¬
ticles of peace with, 7 1 ; mentioned, 93,
190; ask assistance, 338. See also
Indians.

Money (New England), value of, in¬
creased, 45.

Monmouth, Duke of, execution of, re¬
ferred to, 74.

Monro, John, minister, petition of, 325;
composes differences with vestry, 328.

Monsey, Thomas, deputy collector of
port of New York, 299, 300, 301.

Monthly courts, petition concerning the
method of holding, 98, 99. See also
County Courts and Justices of the
Peace.

Moor, Richard, deputy sheriff of James
City County, 29; Robert Beverley in
custody of, 29.

Moore, John, irregular marriage of, 310,
313; process against, 312; prosecu¬
tion of, 314; suit against, 316.

More, Augustine, justice of the peace,
309.

More, Gilbert, pilot of Smith Island
River, 182.

Morris, Lieut. - , complaint against,

11.

Morris, William, goods of, 488.

Morrison (Morryson), Col. Francis,
presents sent by, to Indians, 4; men¬
tioned, 253.

Moseley, Edward, juror, 174.

Moseley (Mosley), William, petition of,
314; lieutenant colonel of Essex Coun¬
ty militia, 444; surveyor of Essex and
Richmond Counties, 460.

Mountfort, Capt. Thomas, juror, 242.

Murder, committed by an Indian, 13;
Col. Geo. Talbot accused of, 67 ;
Maryland collector killed in Potuxent
River, 109, 110; men accused of, to be
tried, 166; two persons accused of,
271; woman executed for murdering
bastard child, 272; execution of sen¬
tence on two murderers suspended,
272.

Musket bullets, ordered from England,
106.

Musters, days of, to be decided by mili¬
tia officers, 67 ; law concerning, to be
enforced, 215; regulations as to, 516.

Mutiny of soldiers complained of, 10, 12;
inhabitants of Gloucester County, ac¬
cused of, 18; several inhabitants of
Rappahannock accused of encourag¬
ing, 105.

N

Nansemond County, motion to appoint
officer for, to raise men to protect
frontiers, 7 ; provision made for pro¬
tection of, 9; mentioned, 137, 145;
sheriff of, to ascertain quantity of
ammunition in, 140; powder sent to,
185; fee of sheriff of, 234; surveyor
to be appointed for, 283; sheriff of, to
appear before General Court, 318;

Index

569

collections of quitrents by sheriff of,
341; escheat of land in, 41 1 ; sheriff of,
437, 446; illegal and seditious prac¬
tices in, investigated, 438; some in¬
habitants of, guilty of high crimes and
misdemeanor, 438, 441; officers of
militia of, 443; surveyor of, 460; two
justices of, to appear before the Coun¬
cil, 523; Thomas Milner, justice of
peace in, 529.

Nansemond County Court, Hugh Camp¬
bell’s complaint against, 289; com¬
plained against by James Jossey, 315,
316; answer of, 318; submits to Gen¬
eral Court, 319.

Nansemond Fort, guns and ammunition
in, to be listed, 117; provision made
toaid, 145; powder sent to, 185; salary
of gunner at, 187, 255; military sup¬
plies reserved for use of, 261; men¬
tioned, 331; protects ships, 533.

Nansemond River, ships to ride in, 154,
256; bridge over, 342 ; pilot appointed
for, 434; ship ashore at mouth of, 527.

Nanticoke Indians, rumors of a con¬
spiracy of, investigated, 104.

Nanzattico Indians, one of the tribe ac¬
cused of murder, 13; union of Rappa¬
hannock and Nanzattico Indians pro¬
posed, 54; two of tribe to be present
at confirmation of articles of peace, 7 1 ;
to pay for damages done by other In¬
dians, 216. See also Indians.

Nasworthy, George, justice of the peace
of Nansemond County, 438, 440;
lieutenant colonel and commander-
in-chief of Nansemond County mili¬
tia, 443.

Naval officers, fees of, to be further con¬
sidered, 354; to be further sworn, 364;
to transmit to governor full informa¬
tion, 401; orders to, in reference to
apprehending pirates, 422, 423; king’s
commands concerning, referred to
Council, 440; retiring, to deliver up
official papers, 460.

Naval officers and receivers, of the Vir¬
ginia duties, 449, 450.

Navigation, act for encouraging, 173;
act for, to be enforced, 200.

Navigation Bonds, proclamation for re¬
spiting prosecution of, 421, 424.

Navy, petition of Council in reference
to organizing, 7.

Neale (Neal), Hon. Thomas, given power
to establish a post office in America,
273, 291, 529; has power to set up
ferries, 286, 293, 294, 532; mentioned,
303.

Negroes, conspiracy of, discovered, 86;
funeral services for, prohibited, 87;
entertaining of, prohibited, 148; run¬
away, to be whipped and sent to their
masters, 149; brought into Colony,

196, 219; register to be kept of births
of, 215; testimony in reference to
seizure and condemnation of, 235, 236;
papers relating to seizure of, to be
sent to England, 236; proceedings re¬
lating to the bringing of, into Colony
recorded, 253 ; complaint of Wm. Byrd
concerning the loss of, 262; three, se¬
cretly brought into colony from Mary¬
land, 271; proclamation in reference
to execution of laws governing, 317;
land not to be granted on account of
importation of, 420; William Fisher
requests to be allowed to make sale of,
457, 458; runaway, to be apprehended,
459; plot of, in the Northern Neck,
510; law against meetings of, to be
enforced, 511; acts for the well order¬
ing of, to be put in force, 524; exempt
from military duty, 526.

Nehemin, an Indian, accused of murder,
13.

Nerrey, — - — — , assumes command of
the “Golden Fortune”, 490, 491.

Nevill, - — , vice admiral, arrives in

James River with fleet, 370; prize
taken by, 381, 383; estate of, 471.

New Castle, mentioned in connection
with post office, 319.

New England, value of money of, in¬
creased, 45; report from, concerning
hostile Indians, 129; copy of deposi¬
tions concerning conditions in, sent to
England, 141.

New Kent County, motion to appoint
officer for, to raise men to protect fron¬
tiers, 7; sheriff of, 12, 446; mentioned,
21, 264; plant cutters in, 22, 488;
single free men in, to be drafted for
military service, 57; petition in ref¬
erence to changing method of holding
monthly court in, 99; orders to sheriff
of, concerning land purchased from In¬
dians, 135, 136; sheriff of, to ascertain
quantity of ammunition in, 140; jus¬
tices of peace for, 193; letter from jus¬
tices of peace for, giving information
about Indians, 266; St. Peter’s Parish
in, 280; sheriff of, petition from, 309;
Blisland Parish, murder in, 359; Anne
Grey to be sent to jail of, 360; new
commission of the peace for magis¬
trates of, 421; petition of George
Turner asking for certain land in, 430;
militia officers of, 444; sheriff of, Ann
Grey in custody of, 459; surveyor of,
460; riots in, 485; to be connected
with Charles City County by bridge
over the Chickahominy, 508; courts
in, 508.

New Kent County Court, suit depending
in, between Col. Ludwell and George
Walklate, 473; order in reference to,
519.

570

Executive Journals, Council of Colonial Virginia

New Point Comfort, vessel stationed at,
213.

New York, letters from governor of, ask¬
ing for help, 92, 190, 191, 259, 281,
311, 312, 320, 333, 338; report sent to
England concerning conditions in, 128,
141; report from, concerning hostile
Indians, 129; aid to, 259, 295, 296,
311, 321, 333, 340, 342, 343, 344, 346,
348, 351, 511, 526; commissioner to
be sent to, to confer with commis¬
sioners from other colonies as to de¬
fence of, 296; goods imported into,
299, 300, 301; state of affairs in, 303,
305; governor and council of, give
50 pounds a year toward encourage¬
ment of the post office, 303, 319; pay
of commissioner sent to, 315; quota
of men for, 336.

Newfoundland, French ship bound to,
captured, 366.

News, divulgers of false, to be punished,
148.

Newton, George, deposition of, 181;
testimony of, in reference to seizure of
negroes, 235; paid for services, 236.

Nicholls, William, letter from, 190; mas¬
ter of a ship, 312.

Nichols, Robert, master of the ship
“Rachel”, 381.

Nicholson, Francis, governor, 114, pas¬
sim to 263, 417, passim to 467; salary
of, 126, 187, 239, 260, 461; letter to
Maryland not replied to, 145; proc¬
lamations by, 147, passim to 257, 406,
passim to 526; commission and in¬
structions to, read, 163; address to
burgesses approved, 171; attesta¬
tions of Council concerning, 243; to
be at Point Comfort at time of sailing
of fleet, 263 ; visits militia of four coun¬
ties, 268; retiring message of, 269;
connection of, with founding of Will¬
iam and Mary College, 294, 295; men¬
tioned, 298; Commissary Blair refers
to, 325; governor of Maryland, has
quarrel with Col. Daniel Parke, 360,
361; letter from, 367, 369, 370, 374;
communicates his commission as gov¬
ernor, and takes various oaths of office,
398, 399; commission to, as vice ad¬
miral of Virginia, published and oaths
taken by him, 399; on going to Mary¬
land, delivers his instructions, sealed,
to clerk of Council, 403; mentioned
in proclamation, 404; takes oath ad¬
ministered to members of Council as
judges in General Court, 421; in¬
structions to, in reference to appre¬
hending and prosecution of pirates,
422, 423; petition to, 449; letter of
King William, as to appointment of,
as governor, 522; to take charge of
government until arrival of the gov¬

ernor, 522; sworn lieutenant governor,
523; accession of, to government, 524;
letter of, in reference to appointment
of Mr. James Blair as commissary,
525; new commission of, communi¬
cated to the Council, 525; called into
question by Governor Effingham, 527,
528; propounds questions to the
Council, 528, 529, 530; sits as member
of Council, at beginning of Andro’s
term, 531; credit given to, for exer¬
cising the militia, 531.

Nominy, meeting of Council held at, 6S;
mentioned, 519.

Nominy Creek, mentioned, 503.

Norfolk County, mentioned, 232; es¬
cheat of certain land in, 303; sheriff
of, ordered to attend the Council, 340;
sheriff of, collections by, 341 ; officers
of militia of, 443; sheriff of, 446; sur¬
veyor of, 460; master of a ship sum¬
moned from, 526.

Norrington, Capt. William, to inspect
and report on the “Dunbarton”, 134;
mentioned, 230.

North, Francis, opinion of, 479.

North Carolina, governor of, asked to
aid in search for privateers, 68;
boundary line between Virginia and,
to be defined, 95; complaint of inhabi¬
tants of Curratuck against, 95 ; bound¬
ary between Virginia and, 124, 198,
199, 409, 523, 527, 536, 537; governor
of, 126; copy of proclamation sent to,
146, 163; deputy governor of, letter
from, 341; roads leading to, 342 ; rep¬
resentatives of, sent to Virginia to
settle boundary, 427; governor of, not
qualified according to law, 428, 429;
governor of Virginia declines to confer
with representatives of, regarding
boundary line, 428, 429; letter to dep¬
uty governor of, 430; charter of, ex¬
amined, 430; widow living near
boundary line of, required to pay quit-
rents in both governments, 438; en¬
croachments of, complained of, 512;
officers of, complained of, 519.

Northampton County, Robert Beverley
in custody of the sheriff of, 24, 26;
collector for, 223, 224; collector of du¬
ties in, suspended from office, 248;
militia of, visited by governor, 268;
militia officers of, 445; sheriff of, 446;
surveyor of, 460; Robert Beverley to
be delivered to sheriff of, 490; John
Waugh and others to be transported
to, 519.

Northampton County Court, referred to,
491.

Northern Neck, crown asked to pur¬
chase grant of, 119, 523; Col. Philip
Ludwell, agent in, 126, 524; Philip
Ludwell’s authority to act as agent for

Index

571

Lord Culpeper’s heirs in, doubted, 131 ;
claim of Lord Culpeper’s heirs to land
in, 143; grants in since 1669, 200, 201;
copies of grants in, to be sent to clerk
of Council, 237, 238; clerk of the pro¬
prietors of, 238; copies of grants to
Lord Culpeper in, compared, 252;
mentioned, 297; agents for proprie¬
tors, petition of, 334; patents to lands
in, 494; negro plot in, 510; case of,
524; escheated land in, 527.

Northumberland County, single free men
in, to be drafted for military service,
57; powder sent to, 185; complaint
of rangers against sheriff of, 288; Fair-
field Parish, petition in reference to,
355; militia officers of, 444; sheriff of,
446; Isaac Allerton, naval officer and
receiver in, 450; surveyor of, 460.

Northumberland County Court, case of
- Davis before, 299; com¬
plaint against, 388; assumes to make
by-laws, 527.

Notaries public, commissioned, 247;
seal desired for use of, 262; collectors
appointed, 266.

Nottingham, Lord, secretary of state,
wretched condition of Virginia, repre¬
sented to, 527.

Nottoway Indians, under suspicion, 12;
complaint against, 439. See also In¬
dians.

Nox, Robert, accused of piracy, to be
apprehended, 451.

O

“Oak,” a ship, mentioned, 340.

Oakes, John, warrant issued for arrest
of, 27.

Ockman (Okeman), Lt. William, sends
statement of proceedings in Maryland,
361; John Cood to be delivered to,
405.

Officers, of the government of Virginia,
his Majesty asked by Council to order
that they be required to reside in Vir¬
ginia, 123, 145, 523; salary of, 517.

Old Point Comfort. See Point Comfort.

Oleron, laws of, referred to, 491.

O’Mooney, James, petition of, 310.

Onandaga (Omondages, Onnondago, O-
nondagne) Indians, committee ap¬
pointed to confirm articles of peace
with, 71; mentioned, 93, 190. See also
Indians.

Oneida (Oneyde) Indians, mentioned,
93, 190. See also Indians.

"Orange Tree,” his Majesty’s ship, men¬
tioned, 486.

Ordinaries, suspension of repeal of act
regulating keepers’ prices, requested,
5; mentioned, 77; law concerning
keepers of, to be enforced, 148.

Ordnance Office, instructions of, regard¬
ing the gunners stores saved from the
advice boat, “Swift”, 424.

Orinoco (Arronoko), — a variety of to¬
bacco, — quitrents to be sold for, 137.

Outcry. See “auction.”

Owen, H., money paid to, 491.

Owsley (Owesly), Captain afterwards
Major, Thomas, to dismiss soldiers un¬
der his command, 273; appointed on
commission of oyer and terminer, 370;
major of Stafford County militia, 445;
letter from, 456.

Oyer and Terminer, governor may, upon
urgent occasion, issue a commission of,
172; commission of, appointed for
trial of Indians in Stafford County,
370; commission of in Stafford Coun¬
ty, discharges four Indians, 374.

Pagan Creek, mentioned, 154.

P

Page, Capt. Francis, sheriff, 10; resigns
as clerk of House of Burgesses, 170;
appointed ftlerk of Flouse of Burgesses,
512.

Page, Col. John, member of Council, 6,
passim to 162, 489, 513; custodian of
supplies, 25; to survey his Majesty’s
stores, 38; to report on guns and am¬
munition in James City Fort, 117;
collector of duties, 189; deceased, 221 ;
signs report as member of the Council,
489; opprobrious words spoken to,
490; appointed on committee to re¬
vise the laws, 507; appointed to act
as judge, 507.

Page, Hon. Matthew, named a member
of the Council in Nicholson’s instruc¬
tions, 398; member of Council, 399,
passim to 430; administers oath of
office to Governor Nicholson, 399;
oaths administered to, 399; to inspect
forts at York and Tindall’s Point, 410,
411; ordered to examine work of
John Hanly at Tindall’s Point, 430;
colonel and commander-in-chief of
Gloucester County militia, 444; es-
cheator for land between York and
Rappahannock rivers, 445; to se¬
cure someone to take charge of mili¬
tary stores at Tindall’s Point, 462.

Paine (Pain, Payne), John, Maryland
collector, killed, 109, 110, 163, 523.

Palmer, Thomas, paid for gun carriages,
305, 315.

Pamunkey Indians, queen of, mentioned,
4; two of tribe to be present at con¬
firmation of articles of peace, 71;
death of queen of, announced, 79; dis¬
appearance of several, investigated,
79; leases or sales of land by, declared
void, 136. See also Indians.

572

Executive Journals, Council of Colonial Virginia

Pamunkey Neck, petition in reference
to surveying and seating part of land
in, 94; mentioned, 122, 126, 440; rep¬
resentation in reference to surveying
lands in, 281; land in, not surveyed,
284; land in, given to William and
Mary College, 304, 311; tract of land
in, asked for by Indians, 320; Indian
interpreters in, 338; surveyors of, 339;
land in, 337, 338, 343, 351, 357, 363,
373, 411, 457, 458, 466, 467; claims to
land in, to be exhibited before first
day of the next General Court, 446;
commissions in reference to land in,
457 ; commissioners to settle land
claims in, 458; Seneca Indians in, 496.

Paper, for the Council office, borrowed
from Maryland, 465.

Papist, master of vessel said to be, 212.

Papists, rumor as to plot made by, 104,
519; not to be allowed to be made ex¬
ecutors, administrators or guardians,
526.

Pargitor, George, purchase of land from
Indians, void, 136.

Parish levies, proclamation to be pre¬
pared requiring churchwardens to re¬
turn abstracts of, 36, 38; act for, re¬
pealed, 61, 500.

Parishers, ministers needed for, 7 ; act
empowering, to make by-laws repealed,
75, 76; ministers of, required to re¬
port christenings and burials, 79.

Parke, Col. Daniel, jr., candidate for
position of collector, 223; member of
Council, 332, passim to 365; ap¬
pointed naval officer and collector,
337 ; to arrange for building a platform
for guns at Jamestown, 339; has diffi¬
culty with governor of Maryland, 360,
361; breaks confinement, 362; takes
oath as naval officer, 364; named a
member of the Council in Nicholson’s
instructions, 398; mentioned, 442;
land of, 458; securities of, to be prose¬
cuted, 459; collector and naval officer
of the Lower District of James River,
official papers of, 459.

Parke, Hon. Daniel, sr., sits in trial! of
Philip Ludwell, 470; member of Coun¬
cil, 470, 478; dissents in part from order
of court in reference to Philip Ludwell,
478; estate of, 492 ; signs a report, 536.

Parker, George, sheriff of Accomack, 320.

Parrott, John, accused of piracy, to be
apprehended, 451.

Parry, John, paid for services, 192.

Partizans, at Middle Plantation, in care
of John Page, 25.

Patents, issued for land, 272; report of
attorney general on form for, 442.

Patuxent River, Maryland, mentioned,
67, 109, 504, 506; Maryland collector
killed in skirmish in, 109, 110.

Payne, Dr., petition of, 523.

Peachy, Robert, murdered, 172.

Peacock, Joseph, master of the ship
“Byrd”, 442; summoned to appear
before Council, 442; gives informa¬
tion concerning a libeler, 447.

Peale, - , letter to governor recom¬

mending David Straughan, 167.

Peale, Capt. Mala., ordered to continue
rangers if necessary, 206; commander-
in-chief of Stafford County militia,
216; to appraise the “Crane”, of
Dartmouth, 234; appointed on com¬
mission of oyer and terminer, 370.

Peas, proclamation prohibiting the ex¬
portation, of, 51.

Peirce, John, accused of piracy, to be ap¬
prehended, 451.

Pennell (Penell, Pennil), William, pe¬
titioner, 233, 527; master of the
“Crane”, 300, 359.

Pennsylvania, copy of depositions con¬
cerning conditions in, sent to England,
141; president of, 167, 192; men¬
tioned, 520.

Pepys, Secretary, letter to, complaining
of Col. Custis, 90; mentioned, 512.

Perkins, Elizabeth, irregular marriage of,
313.

Perkins, Seth, mentioned, 313.

“Perry,” a ship, brings in stores of war,
349.

Perry, Capt. Peter, security for auditor,
97; to appraise the “Crane”, of Dart¬
mouth, 234; submits himself to the
court, 316; to take care of the estate
of Col. Daniel Parke, 492.

Perryman, James, master of the “Sev¬
enth Son”, petition of, 383.

Peru, coin of, increased in value, 35, 37.

Peter, a boy, mentioned, 271.

Peters, James, paid for work, 331.

Petit, - , French prisoner of war,

released, 418.

Pettit Guaves (Islands), mentioned, 380.

“Peyton,” a vessel, mentioned, 381.

Philadelphia, slaves sold to inhabitants
of, 262.

Phillips, Frederick, letter from, 190.

Philips, Thomas, negro, petitioner, 3.

Physicians, exempt from military duty,
526.

Pianketank (Peanketank, Pyanke-
tancke) River, mentioned, 25; vessels
to ride in, 154, 256.

Pierce, Col. William, sheriff of West¬
moreland County, 12; Pikes, at Mid¬
dle Plantation in care of John Page, 25.

Pillories, to be set up, 148.

Pilots, appointed for Smith Island River,
182; commissions continued, 183;
commission to, read and approved,
194; for York River, 200; paid for
services, 234; appointed for James

Index

573

River, 275, 426; regulations for, 366;
assigned to ship commanded by Capt.
John Aldred, 424.

Pinks, collectors required to report the
entry and clearing of, 40.

Pipes, imported contrary to act for en¬
couragement of trade, 242.

Pirates, provision made to protect Col¬
ony against, 26; governor petitioned
to secure trade against, 41; trading
with and entertaining, prohibited, 62;
captured in Accomac, 90; arrest of, or¬
dered, 90; three men suspected of be¬
ing, arrested, 107, 112, 115; account
of goods taken from, 125; goods taken
from, to be sent to England, 164, 172;
measures for suppression of, 384; re¬
straint of 387, 388; proclamation
against entertaining, 390; proclama¬
tion for arrest of, 404, 454, 455; orders
of Lords Justice of England in refer¬
ence to apprehending and prosecution
of, 422, 423; who seized and burnt the
“Adventure”, to be apprehended, 451;
act for restraining and punishing men¬
tioned, 454; letter in reference to,
456; abettors of, 498; letter from king
in reference to prosecution of, 511;
proclamation in reference to, men¬
tioned, 520. See also Privateers.

Piscataway Indians, letter from governor
of Maryland, in reference to, 367, 369,
370; settlement of, 368; settled in
Virginia, 369; come from Maryland
and make settlement south of Potomac
River, 372. See also Indians.

Pistol bullets, ordered from England, 106.

Pistols, to be provided by collectors, 54;
rangers to be furnished with, 168.

Pitt, Mrs. Mary, complaint of, against
Thomas Gyles, 426.

Pitt, Thomas, sheriff, 10.

Place, Hon. Rowland, sits in trial of Phil¬
ip Ludwell, 470; dissents in part from
order of the Council as to Philip Lud¬
well, 478.

Plant cutters, to be prosecuted, 486;
references to, 490, 491 ; with several ex¬
ceptions, pardoned, 494.

Plant cutting, depositions and examina¬
tions concerning, 36; proclamations
as to, 485, 486, 487, 488; persons to
be arrested for encouraging, 489; king’s
instructions in reference to, 491.

Plantation trade, act for preventing
frauds and regulating abuses in, 428.

Planting, act for, to be enforced, 38.

Plants, order for the prosecution of per¬
sons destroying, 37.

Plate, one moiety of all, taken from
wrecked vessels to be reserved for
king’s use, 89.

Pocoton Parish, complaint of minister
of, 3.

Point Comfort, governor to visit, 126;
ships sailing for England to meet at,
226, 308, 309, 313, 345, 346, 368; gov¬
ernor to be present at sailing of fleet
from, 263; arguments against placing
fort there, 534; strength of battery
recommended at, 535.

Point Comfort Island, leased, 464.

Point Look Out, Md., Indian commits
murder at, 13.

Poll tax, collectors of, to report on, 8;
commission appointed to draw up in¬
structions for collecting, 8.

Polonis (Polo?) Island of, mentioned, 450.

Pony, John, to be paid for attending to
matters in connection with the North¬
ern Neck, 297.

Pope, Francis, petition of, 335.

Pope, William, complains about ap¬
praisement of pork, 1.

Popish recusants. See Papists.

Population, general enumeration of,
to be made, 412.

Pork, William Pope complains about ap¬
praisement of, 1.

Poropotanke, meetings of Council held
at, 56, 67.

Port duties, complaint against Lord Bal¬
timore’s collectors of, 56, 59; ammu¬
nition to be paid for out of, 106; used
in defraying expenses of government,
133; salaries to be paid out of, 187;
certain debts paid out of, 194; guns to
be paid for out of, 278; mentioned,
394, 434, 443, 461, 462, 464. See also
Fort Duties.

Porter, John, jr., defendant, 177; sum¬
moned to appear before Council, 236.

Ports, acts concerning, 186, 212, 296,
297, 305, 306, 307, 385, 386, 387, 388,
389, 394, 488, 529.

Post Office, establishment of, suggested,
141 ; to be established in the chief
ports, islands, colonies and plantations
in America, 273, 274, 291, 292, 293,
294, 303; letters patents for establish¬
ing, read and recorded, 286; offer from
Col. Hamilton, as to, 319; letter to be
written about, 320; affairs of, 326,
334; Council desire one to be erected,
524.

Postmaster General, appointed for col¬
onies and islands of North America,
273, 274; deputy, appointed for Vir¬
ginia and Maryland, 274.

Potomac Fort, contract for furnishing
provisions for, 14; guns and ammuni¬
tion in, to be listed, 117.

Potomac River, motion to appoint com¬
mission to raise men to protect inhabi-
habitants on, 7; mentioned, 111, 503;
vessels to ride in, 154, 256; Indians
appear at head of, 312; rangers at
head of, to be discontinued, 330; man

574

Executive Journals , Council of Colonial Virginia

in neighborhood of, killed by Indians,
347; militia along, 347; Indians on
southside of, 372; rangers at head of,
375, 376; murder committed by In¬
dians on, 456.

Potomac River District, seal for use
of collector asked for, 72; collector for,
refuses to take oath of office, 177;
Christopher Wormeley collector for,
177, 200, 221, 223; mentioned, 335;
Nicholas Spencer collector in southern
part of, 367, 450; Richard Lee, naval
officer of upper part of, 383; Col.
Richard Lee made collector of lower
part of, 393; Peter Hack, deputy
collector of the lower part of, 441;
Hancock Lee, naval officer and receiver
of, 450.

Potter, Cuthbert, sent to New England,
on business for Colony, 118, 121; paid
for services, 137; portmanteau be¬
longing to, seized by Massachusetts
officials, 137.

Potter, Lt. Roger, to command garrison
at head of James River, 4.

Povery, John, salary of, 187, 255, 331,
383.

Powder, secretary to acknowledge re¬
ceipt of, 121; exportation of, pro¬
hibited, 139; report on, 164; distribu¬
ted among counties, 184, 185; lent to
Maryland, 229, 230; order concerning
use of, to be published in churches, 230;
room to be built for, 275; lent to com¬
mander of vessel, 421; instructions
for disposal of, 448.

Powle, H., member of the committee of
the Privy Council, to manage affairs
of the foreign plantations, 485.

Poythers, Major Francis, mentioned,
313.

Poythers, Mrs. Rebecca, irregular mar¬
riage of, 313.

Prayers, day appointed for, 285.

Prenda Boire, - , French prisoner

of war, released, 418.

Preston, James, appointed assistant
clerk of the Council, 337.

Pretty John, Thomas, master of a ship
‘‘Mary and Elizabeth”, 312, 381.

Price, Daniel, order of court concerning
land of, 4.

Priests, French, suspected to be with In¬
dians in Stafford County, 375.

“Prince of Orange,” a vessel, mentioned,
361, 405.

Prince of Wales, birth of proclaimed, 100,

101.

Princess Anne County, powder sent to,
185; formed from Norfolk County,
196; lookout on seaboard side of, 228;
mentioned, 232; undersheriff of, car¬
ried into Carolina, 339; sheriff of, or¬
dered to attend the Council, 340; sher¬

iff of, collections by, 341 ; sheriff of,
to arrest Christopher Marchant, 345;
officers of militia of, 443; John Tho-
rowgood, sheriff of, 446; surveyor of,
460.

Printing, prohibited, 39.

Prisoners of war, released, 417; list of,
418.

Prisons, to be set up, 148.

Privateers^- sentenced to die, and re¬
prieved, 39; order concerning, 50, 90;
trading with and entertaining, pro¬
hibited, 62; North Carolina asked to
aid in search for, 68; act for encour¬
agement of, 355, 368, 369; restraint
of, 387, 388; ships of foreign commis¬
sion, regulations as to, 498; English
subjects, prohibited from trading with,
500. See also Pirates.

Privy Council, clerk of, 90; letters from,
350, 485; case of Col. Philip Ludwell
referred to, 478; report made to, as
to attack by Dutch on Virginia mer¬
chant vessels, 532-536.

Prize office, commissioners of, 367.

Processioning, act for, 148.

Proclamation, meeting of Assembly pro¬
rogued by, 14, 15; calling meeting of
Assembly, 15; prohibiting riotous and
disorderly meetings, 18, 33; Assembly
dissolved by, 31, 272; commanding
sheriffs to collect quitrents, 32; in
reference to destroying tobacco, 34;
ordered to be prepared requiring jus¬
tices and churchwardens to return ab¬
stracts of county and parish levies, 36;
to enforce laws, 38, 120; concerning
John Haleys, 40, 48; for increasing
value of foreign coin, 44; requiring
justices and churchwardens, to report
a perfect abstract of levies raised, 46;
requiring county courts to impanel
grand juries and setting forth duties
of, 47 ; prohibiting the exporting of
grain, 51; continuing all civil and
military officers, 55, 114, 269, 407;
repealing certain acts, 61, 75, 120,
500; prohibiting trade with and en¬
tertaining of privateers and pirates,
62; concerning size of tobacco hogs¬
heads, 63; empowering Council to
govern in absence of governor, 64;
James II proclaimed king, 70; setting
aside a day of thanksgiving, 73, 245;
authorizing justices to arrest promoters
of sedition, 75; as to birth of the Prince
of Wales, 100, 101; requiring all laws
concerning tobacco to be enforced, 131;
prohibiting persons going aboard ves¬
sels and trading with Indians, 144;
copy of, sent to Maryland, 146; copy
of, sent to North Carolina, 146; con¬
cerning laws of Colony, 147; in ref¬
erence to trading with Indians, 153;

Index

575

in reference to seamen and mariners,
159, 168, 209, 267; appointing places
for ships, 256; continuing magistrates
and officers in office, 290; naming a
day for giving thanks for victory over
the French, 290, 291; as to the estab¬
lishment of the post office in America,
291, 292; appointing a day of humilia¬
tion and prayer, 292, 293; giving
Thomas Neale and his deputies power
to establish ferries in Virginia, 293,
294; relating to the dues of the clergy,
305, 306 ; suspending act for ports, etc.,
and act for advancement of manufac¬
tures, 307 ; declaring the power of the
president and Council in the governor’s
absence, 307, 308; in reference to
negroes, 309, 317; directing sheriffs
to apprehend conspirators against his
Majesty, to be issued, 348; for a pub¬
lic fast, 403; for apprehending pirates,
404; issued for arrest of John Cood,
sr., 404, 405, 416, 418; for bringing
in books and papers scattered by rea¬
son of burning of State House, 405,
406; for releasing French prisoners of
war, 417; for respiting prosecution of
navigation bonds, 421, 424; against
corresponding with the Scotch, 428,
437, 455; for apprehending deserting
seamen, 439; for giving time to pro¬
duce certificates, 451, 452; against
harboring seamen belonging to his
Majesty’s ship “Essex Prize”, 452;
of thanksgiving, for conclusion of war
with France, and other blessings, 452-
454; for apprehending certain pirates,
454, 455; for arresting Squire Tom, an
Indian, 465; for bringing in evidence
of ownership of land in Pamunkey
Neck and on the south side of Black-
water, 466.

Protestants, rumors of papist conspiracy
against, investigated, 104; act exempt¬
ing, from the penalties of certain laws,
161, 167; in Virginia, 282.

Prout, - - , Indians taken by, to Bar-

badoes, 147.

Providence, West Indies, trouble be¬
tween governor and inhabitants of,
266.

“Province” (or “Providence”), a ship,
seized in the Rappahannock River,
458.

Provisions, scarcity of, 534.

Public arms, consideration of measures
for security of, postponed, 165.

Public instruments, attorney general ap¬
pointed to decide on form for, 440;
report of attorney general on form for,
442.

Public Records. See Records, public.

Public revenue, no amounts exceeding
five pounds sterling to be paid out of,
44.

Pugh, Daniel, accused of transporting
Indians, 147, 158.

Pulse, proclamation prohibiting the ex¬
portation of, 51.

Purvis, Capt., said to have predicted a
revolution in England, 302.

Purvis, Capt. George, complaint against,
175, 190, 297 ; debts of, to be paid out
of estate of, 191, 192; assistance given
to, to be paid for out of estate of, 195,
235; accused of loading vessel without
giving bond according to law, 270.

Purvis, Capt. John, master of the “Duke
of York”, 20, 489; asks for the removal
of Robt. Beverley, prisoner on board
boat commanded by, 21; authorized
to deliver Robert Beverley to Wm.
Jefferies, 22; master of the “Effing¬
ham”, 115; ship to be examined by,
220.

o

“Quaker,” a ketch, mentioned, 67, 68, 82,
90, 504.

Quakers, meetings of, permitted if held
in accordance to act concerning dis¬
senters, 161; meetings of restrained,
167; complaints made of the evil and
seditious practices of, 441; not to
meet, 525; petitions from, 527.

Quary, Hon. Robert, brings message
from governor and Council of North
Carolina, 409; letter from, 456.

Quaynohomock, tract of land, asked for
by Indians, 320.

Quebec (Cubeck), mentioned, 149.

Quit-rents, proclamation commanding
sheriffs to collect, 32; value of foreign
coin not to be increased when used in
paying, 45; money arising from, to be
applied to debt, 77; petition to in¬
crease, 79; sold for bills of exchange,
137, 272; persons paying, to show
patents and other evidence of owner¬
ship, 155; petition asking that certain
debts be paid out of, 194; to be sold at
auction, 198; of Accomac County can¬
not be sold, 198; instructions for col¬
lecting, 202; consideration of, post¬
poned, 212; manner of increasing rev¬
enues of, to be considered, 240, 260;
certain persons sued for arrears of,
260; grants to exempt planters from
paying, for the first seven years, re¬
voked, 279; Wm. Byrd paid the re¬
mainder of his account out of the rev¬
enue of, 434; widow living near boun¬
dary line of Virginia and North Caro¬
lina required to pay, in both govern¬
ments, 438; Mr. Auditor Byrd to sug-

576

Executive Journals, Council of Colonial Virginia

gest best method of securing, 461 ; best
way of selling, 527.

Quorum, five members constitute quo¬
rum for meeting of General Court, 420.

“Rachel,” a ship, mentioned, 381.

R

Randolph, Edward, surveyor general of
customs, 224, 275, 316, 377, 378, 527;
mentioned, 257; petitioner, 274; gov¬
ernor of Maryland requested to re¬
mand, 284; Council refuses to remand,
to Maryland, 287; letter of, in refer¬
ence to case of Davis, 299; petition of
Jno. Edmeston referred to, by the
Council, 299; answer of, to petition of
John Edmeston, 300, 301; with others,
to administer oath to governor, 377;
instructions of, to collectors and naval
officers, 401 ; expected in Virginia, 416.

Randolph, Capt. William, to provide
quarters for rangers, 57; security for
auditor, 97; sworn attorney general
in absence of Edward Chilton, 308;
mentioned, 315; signs proclamation
in reference to negroes, 317; salary of,
331, 348; called to a meeting, 392;
resigns position, 393; collects money
for estate of Hugh Davis, 396; de¬
livers to the Council a bundle of bonds,
397; opinion of, as to firing of State
House, 397; papers of, to be delivered
to new attorney general, 407 ; clerk of
House of Burgesses, 425; lieutenant
colonel of Henrico County militia, 443 ;
escheator for south side of James River,
445; papers delivered to, 459.

Ranger general, appointed in Northern
Neck by Col. Philip Ludwell, 524.

Rangers, quarters to be provided for, 57;
accounts of the methods of, given to
North Carolina, 146; appointed, 142,
496, 499; instructions to, 160; com¬
missions and instructions to lieu¬
tenants approved, 167; to be fur¬
nished with pistols and carbines, 168;
discharged temporarily, 202, 273; to
be continued if necessary, 206; help¬
ing of, during winter considered, 238,
239; to be continued in Stafford Coun¬
ty, 254; governor intends visiting,
268; account of services of, referred
to auditor, 274, 275; complaint of,
against sheriff of Northumberland,
288; to operate at heads of Potomac
and James rivers, 312; to be con¬
tinued, 320; to be diligent, 322; to be
discontinued, 330; reason for not
disbanding, 332; pursue strange In¬
dians, 333; in Stafford County, or¬
ders sent to, 371; at head of Potomac
River, to hold communication with
Maryland rangers, 375, 376; referred

to, 391; the opinion of Council as to,
396. See also Military force.

Ransom, James, lieutenant colonel of
Gloucester County militia, 444.

Rappahannock County, motion to ap¬
point officer for, to raise men to pro¬
tect frontiers, 7 ; sheriff of, 10; men in,
to be drafted for military service, 56;
petition concerning the holding of
monthly courts for, 98; several in¬
habitants of, accused of encouraging
mutiny and sedition, 105; sheriff of, to
ascertain quantity of ammunition in,
140; powder sent to, 185; warrant
for keeping peace in, 194; divided,
288; Sittenborn Parish in, 288; com¬
motions in, 519.

Rappahannock County Court, will of
Lt. Col. John Burnham, taken to, 484;
judgment of, reversed, 499; to appear
before General Court, 504.

Rappahannock Fort, guns and ammuni¬
tion in, to be listed, 117; salary of
gunner at, 187, 255, 349.

Rappahannock Indians, union of Nan-
zattico and Rappahannock Indians
proposed, 54. See also Indians.

Rappahannock River, mentioned, 20, 22;
ships to ride in, 256; guns on, 316; es¬
cheator appointed for land between
York and Rappahannock rivers, 445;
vessel seized in, 458; ships from, de¬
lay sailing of fleet, 533.

Rappahannock River District, petition
asking for seal for district customs col¬
lector, 72; collector of, gives evidence,
344.

Rascow (Rasco), William, churchwar¬
den, complaint against, 322, 323, 340;
to appear before the Council, 356;
punished for contempt, 358.

Rawleigh, Edward, appointed ferry
keeper, 499.

Rawlins (Rawlings), Edward, gunner,
salary of, 187, 255, 331.

Read, John, disqualified to act as guard¬
ian to Mary Brent, 433, 434, 435, 436.

Read, Thomas, chirurgeon of a ship, wit¬
ness to Lt. Col. John Burnham’s will,
484.

Readers (church), exempt from military
duty, 526.

Rebellion, proclamation declaring the
destroying of tobacco to be, 34.

Records, public, committee appointed
and authorized to take charge of, 20,
23; delivered to Wm. Edwards, clerk,
81; account of, to be sent governor,
237; preservation of, 251, 252; in¬
jured, 392; proclamation in reference
to, 393, 405, 406; to be assorted by
Peter and Robert Beverley, 393; or¬
ders of Council not accounted as court
records, 441; in hands of Robert Bev-

Index 577

erley at time of his death, to be deliv¬
ered to Ralph Wormeley and Chris¬
topher Wormeley, 510.

Rent Roll, to be drawn up by Mr. Au¬
ditor Byrd, 461; sheriffs to furnish to
Mr. Auditor Bacon, 496; to be made
throughout Colony, 525.

“Resolution,” a ship, taken by the
French, 349; case of, 351, 352, 354,
358; mentioned, 353.

Revenues, date set for audit of, 430; reg¬
ulation as to, 514, 515; frauds in, to
be carefully inquired into, 517, 518.

Reward, offered for arrest of John Cood,
417, 419.

Rex dollar, value of, increased, 45.

Reynolds, John, murdered, 359.

Rhode Island, privateers escaped to, 39.

Rich Neck, mentioned, 360, 361.

Richmond County, Farnham Parish,
285; formation of, 288; militia offi¬
cers of, 445 ; surveyor of, 460.

Richmond County Court, session of,
postponed, 287 ; return from, relating
to Farnham Parish, 288.

Rider, Capt., boatswain of, offers to pay
for a servant, 487.

Rings, Joseph, mentioned, 185.

Riots, promotors of, to be punished, 148.

Rivers, motion to appoint officers to
raise men to protect frontiers of, 7, 9;
have garrisons for defense, 9; soldiers
to be drawn out for garrisons at heads
of, 10; act for keeping guard at the
heads of, 60; governor appointed vice
admiral of, 270.

Riviere, La, French prisoner of war, re¬
leased, 418.

Roanoke (Rean Oak), ship wrecked near,
381.

Robers, Richard, servant of William
Dyer, protected, 490.

Robertson, George, gives information as
to improper marriages, 309, 310.

Robes, sent by commissioners as presents
for Indians, 4.

Robin, a negro, not to be tried by com¬
mission of oyer and terminer, 309.

Robins, Major James, to appraise vessel,
243.

Robinson, Christopher, member of Coun¬
cil, 221, 240, 246, 257, 263, 268, 269,
271, 272; secretary of the Colony, 250,
257, 263, 268, 269, 271, 272; death of,
mentioned, 276; successor to, ap¬
pointed, 276, 277; certified copy of a
proclamation, 290, 291; to be sworn
member of the Council, 527; conduct
of, in last Assembly, 528; appointed
secretary, 530.

Robinson, Max, mentioned, 171.

Robinson, Tully, juror, 242.

Robinson, Capt. William, testimony of,
in reference to seizure of negroes, 235,
236.

Rochell, expedition fitted out at, 333.

“Roe,” a boat, stores saved from, sent to
England, 431.

Rolling houses, tobacco in, ruined by
carelessness, 265.

Roman Catholics, disqualified to act as
guardians, 434, 436. See also Papists.

“Rose and Crown,” a ship, mentioned,
499.

Rosegill, mentioned, 15, 16; meeting of
Council held at governor’s house at,
100.

Ross, Andrew, guilty of misdemeanor,
438, 441.

Ross, Edward, paid for services, 125, 331,
364, 384, 396, 461, 462; mentioned,
163; advises purchase of small guns,
344; money paid to, 349; gunner, to
take charge of stores, 350; to act as at¬
tendant of General Court, 357; ap¬
pointed marshall of court of admiralty,
368; gives account of the fortifica¬
tions at James City, 410; mentioned,
426; report on condition of fort at
James City and stores in, 432.

Rosse, Ensign, complaint against, 10.

Rousby, Christopher, murdered by Col.
George Talbot, 67, 504-506.

“Row,” his Majesty’s vessel, 415.

Row (Rowe) Capt. Simon, of his Ma¬
jesty’s ship the “Dunbarton”, com¬
plaint of, 90; says he cannot send
the “Dunbarton” to assistance of
the “Deptford”, 111; summoned to
appear before the Council, 113; to
give an account of property taken from
pirates, 116; to inspect and report on
the “Dunbarton”, 134; to get informa¬
tion from vessels coming into Chesa¬
peake Bay, 139; not to allow any ship
to sail except under convoy, 166; gives
information against the “Anne and
Catherine”, 173, 174; seizes sus¬
pected pirates, 520, 521.

Roy, Jean, French prisoner of war, re¬
leased, 418.

Royal African Company, to be encour¬
aged, 516.

Royland, Jacob, complainant, 277.

Rudds, John, commander of vessel, 80.

Rum, duty on, imported, 66.

Rumney, Earl of, gives George Blighton
power of attorney to collect certain
prize money, 415.

“Ruth and Mary,” a ship, case of, 353,
354, 357, 358, 388.

Ryder, Capt. Mathew, of the ship “Barn-
aby”, 499.

578

Executive Journals, Council of Colonial Virginia

S

Sabbath Day, law concerning, to be en¬
forced, 120.

Sackler, John, in custody of sheriff of
James City County, 28; offers to
build and maintain bridge over Dragon
Swamp if released by Council, 29, 30;
plant cutter, 491.

Saddles, imported contrary to act for en¬
couragement of trade, 241.

Sailors, Council petitions for, 7 ; vessel
to have fifteen, 38; Council petitions
governor to increase number of, 41;
number increased and paid out of gov¬
ernor’s salary, 43; number of, to be
increased by conscription, 48; cau¬
tioned in reference to giving out news,
78; proclamation concerning, 159,
168, 201, 209, 267, 439; copy of proc¬
lamation concerning, sent to Maryland
and North Carolina, 163; inhabitants
forbidden to entertain runaway, 232;
complaint about, deserting vessel, 266,
335, 423; deserting, to be returned to
their ships, 352; “pressing” of, 402;
captains of ships and vessels warned
not to harbor or receive runaway, 424;
deserting from “Essex Prize”, procla¬
mation in reference to, 452.

St. Albans, Henry, Earl of, mentioned,
143.

“St. Albans Prize,” a ship, recaptured
from the French, 349, 351.

“Saint Ignace,” a prize ship, case of, 366,
367, 368, 369.

St. Jean, - •, French prisoner of war,

released, 418.

St. John’s Parish, King and Queen Coun¬
ty, petition of vestry of, 280; church
trouble in, 325, 326, 328.

“St. Louis," a ship, taken as a prize, 383.

St. Mary’s (Maries) County, Md., pris¬
oners sent to, 167; sheriff of, to make
arrest, 387; disturbances in, 404, 405
mentioned, 418.

St. Peter’s Parish, King and Queen
County, petition of churchwardens of,
280.

St. Peter’s Parish, New Kent County,
petition of vestry of, 280.

Saint Thomas, Island of, information
from, 455.

Salaries, to be regulated, 271.

Salt, to be secured for use of Colony, 146;
difficult to obtain, 215; obtained from
Tortugas, 215.

Sands, Thomas, to have liberty to ship
a certain quantity of tobacco free from
Virginia duty, 42, 507 ; given permis¬
sion to replace tobacco said to have
been lost, 80; petition of, 487 ; Coun¬
cil request that order in reference to be
suspended, 493.

Sandy Point, vessels in precinct of James
River to ride above, 154.

Santy, Robin, a negro, petition of, 310.

Scandret, Christopher, master of a ship,
312.

Scarborough (Scarbrough, Scarburgh),
Major, afterwards Colonel Charles, re¬
proved and suspended, 98; naval offi¬
cer and collector, 223, 364, 382; col¬
lector for Accomac and Northampton
counties, 224; commander-in-chief,
justice of the peace and president of
the court of Accomac County, 284;
with others, to administer oath to gov¬
ernor, 337; member of Council, 341,
passim to 430; votes against sending
men to New York, 343; case of two
ships referred to, 357; report of, 358;
absent from meeting of the Council,
398; named a member of the Council
in Nicholson’s instructions, 398; takes
oath of office, 429; member of com¬
mittee appointed to consider instruc¬
tions for the improvement of the coun¬
try, 431; colonel and commander-in¬
chief of Accomac County militia, 445;
to appear before Council, 519; is ex¬
cused by Council, 519; conduct of in
last Assembly, 528.

Scarborough (Scarburgh), Capt. Ed¬
mund, sheriff of Accomac County, 12;
lieutenant colonel of Accomac County
militia, 445; surveyor of Accomac and
Northampton counties, 460.

Scarborough (Scarburgh), Henry, col¬
lector on the Eastern Shore, 450.

Schaghticoke River Indians, mentioned,
190.

Schomberg, Duke of, vessel cleared by,
165.

Schomberg, Meinhard, Duke of, grant of
wrecks to, 332.

School, free, money for, to be raised by
subscriptions, 121; account of the
promotors and opponents of the move¬
ment to be made to governor, 156;
offered to James City County under
certain conditions, 162.

Schoolmaster, to secure license from the
Bishop of London, 456, 508, 515.

Schools, list of, to be furnished, with ac¬
count of the teachers, 456.

Scotch, inhabitants of Colony forbidden
to hold any correspondence with, 428,
438; intended settlement by, 455.

Scotland, goods shipped from, contrary
to act of Parliament not allowed in
Colony, 138; ship from, to be seized
for illegal trading, 217.

Scringer, - , mentioned, 124.

Sea robbers. See Pirates.

Sea rovers. See Pirates.

Seals, petition asking for, 72; sent over
by James the Second, 92, 511; fee re-

Index

579

quired for use of, 97, 521; use of small
one continued for awhile, 101; de¬
sired for use of notary public, 262;
clerk of Council to find out what pub¬
lic seals are in existence, 412; new,
made for Colony, 427, 463; old seals,
427, 463, 464; for the secretary’s office,
506; king thanked by Council for,
512; order in reference to, 519.

Seamen. See Sailors.

Sea well (Sewell), Major Nicholas, yacht
of, in skirmish, 109, 110; late deputy
governor, mentioned, 523.

Seayes (Seayres), John, testimony of, in
case of Jeffries versus Ludwell, 471,
472; mentioned in John Throgmor¬
ton’s testimony, 473.

Secretary, office of, to be enlarged, 251;
instructions concerning office of, to be
reported on, 431; deputy secretary
to answer king’s instructions relating
to the office and duty of, 441. See
also: Cole, William; Robinson, Chris¬
topher; Spencer, Nicholas; Wormeley,
Ralph.

Secretary of State, in England, reports
to be made to, 518.

Sedition, justices authorized to arrest
promoters of, 75; several inhabitants
of Rappahannock accused of encour¬
aging, 105; some of the inhabitants of
Nansemond County accused of, 438.

Seneca Indians, provisions made for de¬
fending Colony against invasions of,
52, 53, 54; committee appointed to
confirm articles of peace with, 71;
mentioned, 93, 190; rumors of a con¬
spiracy of, investigated, 104; settled
in Virginia, 369; Council to consult
about, 496. See also Indians.

Serge, imported contrary to act for en¬
couragement of trade, 241.

Serval, Major - , mentioned, 505;

comes aboard the “Quaker”, to de¬
mand Col. Talbot, 506.

Servant, Bertram, to take depositions,
113; petitioner, 309, 424; complaint
of, against Robert Beverley, 426.

Servants, runaway, to be punished and
sent to masters, 149; not to go aboard
vessels without passes, 258; Christian,
to be provided with arms, 516; fugi¬
tive, taken away by the Dutch, 534.

“Seventh Son,” a ship, mentioned, 383.

Shapleigh, Mr., security sued, 299.

Sheriffs, suspension of repeal of act con¬
cerning, requested, 5, 6; list of, 10, 12,
446; proclamation commanding, to
collect quit rents, 32; to disregard or¬
ders and papers issued by Philip Lud¬
well, 131; communication to, from
governor, 154-156; to be appointed,
158; clause added to bonds given by,
176; to report to secretary, 208; or¬

ders to, concerning militia officers, 210;
commissioned, 239; to inventory
estates in certain cases, 318; ap¬
pointed for the several counties, 345;
to publish a proclamation, 348, 446;
proclamations sent to, for arrest of
John Cood, 417; orders to, in refer¬
ence to apprehending pirates, 422, 423.

Sherlock, James, clerk of the Council,

287, 381; repaid money advanced,
315, 331 ; salary of, 331, 384, 396; pre¬
sents a grant, 332; to have an assist¬
ant, 337, 350; warrants to, 348; ac¬
quaints Commissary Blair of restora¬
tion to Council, 350; incapacitated,
353, 401, 402.

Sherman, Michael, marshal of the Court
of Admiralty, 414, 449.

Sherman, Capt. Miles, petition of, re¬
ferred to House of Burgesses, 302.

Sherwood, William, charges against, 228;
papers relating to petition of Thomas
Jarvis's widow to be produced by, 237 ;
attorney, 242, 261; deceased, 398.

Sherwood, Mrs. William, house of, 392,
393, 398, 409.

Shipping, act for encouraging, 173.

Ships, Council’s petition asking for, 7 ;
letter from Lord Culpeper concerning
pay of masters of, 16; to have neces¬
sary crew for defense of Colony, 38;
collectors required to report the entry
and clearing of, 40; commanders of,
to give bond, 51; masters of, cau¬
tioned in reference to giving out news,
78; law in reference to Virginia
owners of, 78; one moiety of all
treasures taken from wrecked ships to
be reserved for king’s use, 89; regu¬
lations for sailing of, 103, 119, 122, 128,
135, 165, 176, 208, 213, 225, 276, 287,

288, 321, 313, 315, 318, 332, 345, 361,
362, 368, 377, 382, 460, 516; not to
sail except under convoy of man-of-
war, 119; to sail from Point Comfort,
126; places for riding designated, 127,

153, 256, 525; those carrying lumber
and provisions to sail, 130; sail con¬
trary to order, 130; Colony in need of,
144; going aboard of, prohibited, 144,

154, 256; permitted to sail without
convoy, 146; sailing of, during time of
imbargo prohibited, 157; coming into
and leaving Colony to be examined,
166, 219; place of assembling to be
appointed, 186; those sailing from
Maryland subject to restrictions, 188,
193; letters concerning ships from
Scotland, 205; depositions concerning
ships sailing from New England to
France, 212; ordered to be seized for
illegal trading, 217; taken into cus¬
tody and examined, 220, 221; trading
illegally to be taken into custody, 221 ;

580

Executive Journals , Council of Colonial Virginia

notice of sailing to be published, 227;
forbidden to trade without paying
duty, 240; list of those not following
certain regulations to be given, 378;
Council decides against hiring a ship
to cruise upon coast of Virginia, 437;
a ship provided by the governor and
Council to secure the trade against
pirates, discharged, 497; foreign, not
to engage in hostility in English ports,
498; of Maryland, endangered by
Dutch fleet, 532-536; Virginia mer¬
chant, attack on, by Dutch, 532-536.

Ships of war, proposition that they carry
tobacco, 535.

Shipwell, John, mentioned 153.

Shoes, imported contrary to act for en¬
couragement of trade, 242.

Shot, exportation of, prohibited, 139;
report on, required, 164.

Shrewsbury, Duke of, letter from, 384,
521.

Silk, imported contrary to act for en¬
couragement of trade, 241.

Silver, one moiety of all taken from
wrecked vessels to be reserved for
king’s use, 89.

Silver coin, increased in value, 35.

Simpson, William, accused of piracy, to
be apprehended, 451.

Sittenburn (Sittenborn, Sittenbourn)
Parish, petition of inhabitants on
south side of, 288; petition of inhabi¬
tants of, 314.

Skeech, John, master of the “Society”,
of Bristol, 219; negroes brought over
in boat commanded by, 235; men¬
tioned, 261.

Skevington, - , Capt. Tyrrel re¬

fuses to give up servant of, 487.

Skins, John Herbert fined for exporting,
31; exportation of, prohibited, 60, 61;
duty on, 200; shipped by John Her¬
bert, condemned, 491; act prohibiting
exportation of, repealed, 500. See also
Furs.

Skipworth, Sir William, baronet, sheriff
of Middlesex County, 446.

Slaughter, Col. - , governor of New

York, 167, 190.

Slaves, runaway, to be punished and sent
to masters, 149; complaint of Wm.
Byrd concerning the loss of, 262; not
to be listed by militia officers, 525.

Sloops, collectors required to report the
entry and clearing of, 40; commanders
of, to give bond, 51; services of the
sloop equipped to cruise about the
capes discontinued, 53. See also Ships.

Slop cloaths, mentioned, 231.

Slop Seller, mentioned, 231.

Sly, Gerrard, case of, 387.

Smith, Bryan (Brian), judgment against
estate of, 3.

Smith, George, interpreter, 79.

Smith, Henry, sheriff, 10; will of, 499.

Smith, John, surveyor general, 366; pur¬
chases a ship with Walter Cock, 386;
petition of, 411.

Smith, Capt. John, captain of cavalry,
208; instructed not to disturb Wick-
ocomoco Indians, 284.

Smith, Lt. Col. Lawrence, to assist in
quieting the disorder of the inhabitants
of Gloucester Co., 18; house to be ap¬
praised by, 193 ; to be sued for arrears
of quitrents, 260; store of, broken
into, 310.

Smith, Nicholas, house of, robbed, 68;
master of the “Tryall”, 157; com¬
mander of the “London Merchant”,
321.

Smith, Maj. Gen. Robert, member of
Council, 1, passim to 41, 489, 513;
ordered to arrest Major Beverley, 20,
21; intends to visit England, 44; signs
report as member of Council, 489; ab¬
sent in England, 495.

Smith, Mrs. (Mrs. Sarah Lee, alias
Smith), Burgesses to meet in house of,
410.

Smith, Capt. Thomas, complaint of,
against collector, 56.

Smith, William, letter from, 190.

Smith Island River, pilot appointed for,
182.

“Smyrna Merchant,” a vessel, 346.

Soan, John, surveyor of James City
County, 460.

“Society,” a vessel, mentioned, 341, 344.

“Society,” of Bristol, information con¬
cerning, asked for, 196; mentioned,
219,261; negroes brought over in, 235.

Soldiers. See Militia; Military force;
Rangers.

Solicitor, salary of, 348.

Solley, Thomas, deposition of, 177.

Somerset (Sumersett) County, Md., Ed¬
ward Randolph arrested by sheriff of,
284.

“South Sea Castle,” his Majesty’s ship,
368.

Southwark Parish, Wm. Thompson’s
complaint against, 2; ordered to pro¬
vide for a poor man, 525.

Spain, goods shipped from, contrary to
act of Parliament, not allowed in Col¬
ony, 138; treaties entered into with,
mentioned, 455.

Spanish money, taken from pirates to be
sent to England, 173.

Spence, Alexander, sheriff of Westmore¬
land County, 446; surveyor of West¬
moreland County, 460.

Spencer, Mrs. Frances, ordered to sur¬
render public papers in her possession,
123; ordered to pay money due to col¬
ony, 173; mentioned, 200.

Index

581

Spencer, Col. Nicholas, member of Coun¬
cil, secretary of the Colony, 1, passim
to 107, 470, 477, 489, 513; to draw up
instructions for collecting taxes, 8:
appointed to investigate charges of
murder against an Indian, 13; draws
up proclamation, 14; President of
Council, 49, 50, 51, 53, 494, 496; men¬
tioned, 123, 200, 523; executrix of,
ordered to pay money due Colony, 173 ;
sits in trial of Philip Ludwell, 470;
money with which to pay foot com¬
panies sent to, 485; pays off foot com¬
panies, 487; signs a report, 489, 536;
sheriffs to pay quitrents to, 496; em¬
powered to license attorneys in ab¬
sence of governor, 501; continued as
secretary, 507 ; appointed on commit¬
tee to revise the laws, 507 ; appointed
to act as judge, 507; to issue warrants
to the sheriffs to require members of
the House of Burgesses to attend a
meeting, 509; passed by as President
of the Council, 519; to examine John
Waugh and others, 519; to be paid a
certain sum, 521; death of, 521; judg¬
ment against executors of, 522.

Spencer, Nicholas, appointed collector of
customs, 367; absent in England, 388;
collector for the Potomac River Dis¬
trict, 450.

Spies, Irishmen suspected of being, 127.

Spranger, Abraham, attorney, petition
of, 388.

Spring, Robert, to pay cost of appraise¬
ment of pork, 1.

“Spywell,” his Majesty’s vessel, 373, 380.

Squire Tom, an Indian, to be appre¬
hended, 456, 466.

Stafford County, single free men in, to
be drafted for military service, 57;
sheriff of, to ascertain quantity of am¬
munition in, 140; powder sent to, 185;
rangers to be continued in, 254; depu¬
ty collector to be appointed for, 265;
rangers in, temporarily discharged,
273; letter from deputy commander-
in-chief of, 278; Indians in, 368; In¬
dians to be tried for murder, 370; or¬
ders to militia and rangers in, 371;
woman and three children in, wounded
by Indians, 372; proposed meeting of
agents of Maryland with Indians in,
375; militia officers of, 445; sheriff of,
446; surveyor of, 460; disturbances
in, 519, 522; Col. William Fitzhugh
said to have taken tobacco belonging
to, 509, 510; sheriff of, to take John
Waugh and others into custody, 519;
sheriff of, recommendations for, 528.

Stafford County Court, convict Squire
Tom, an Indian, 466.

State House, burning of, 392, 393, 398,
406, 409, 426; to be rebuilt, 435.

Stephens, John, account of voyage to
Virginia, 157.

Stith, John, juror, 174.

Stockings, imported contrary to act for
encouragement of trade, 241.

Stocks, to be set up, 148.

Stone, Col. John, orders given to, regard¬
ing Indian affairs, 52 ; to provide quar¬
ters for rangers, 57; letter from, 168;
justice of peace, 194.

Stone, William, interpreter, 182.

Stones, for use of fort at Tindall’s Point,

211.

Stonham, Ann, petitioner, 303.

Stonham, Hen., petitioner, 303.

Storehouses, king’s commands concern¬
ing, referred to burgesses, 426.

Story, John, chief mate of the “Golden
Fortune”, petition of, 490, 491.

Story, Joshua, major of King and Queen
County militia, 444.

Strange, John, fails to produce certificate
of the unloading of vessel, 265.

Straughan, David, lieutenant of rangers,
168.

Strawberry Bank, mentioned, 153.

Strays, lists of, to be furnished by coro¬
ners, 460.

“Success,” a ship, mentioned, 382.

Suckler, John, excepted from proclama¬
tion of pardon to plant cutters, 494.

Sue, a negro woman, mentioned, 271.

Sullivan, Daniel, letter from, to Miles
Cary, 437, 438.

Sunderland, Lord, mentioned, 511; signs
instructions, 518; letter of, 520.

Surry County, motion to appoint officer
for, to raise men to protect frontiers, 7 ;
provision made for protection of, 9;
dividing line between Charles City
County and, 103; mentioned, 137;
sheriff of, to ascertain quantity of am¬
munition in, 140; powder sent to, 185;
surveyor of, 283, 460; land in, given
to William and Mary College, 304;
surveyor of, summoned to court, 361;
work of surveyor of, inquired into, 362 ;
surveyor of, to attend meeting of
Council, 364; surveyor of, suspended
from office, 366; petition for escheat
of land in, 411; sheriff of, to require
attendance of Capt. Francis Clements
on Council, 415; Benjamin Harrison
commander-in-chief of, 440; militia
officers of, 443; sheriff of, 446; com¬
missioners to meet at courthouse of,
457.

Surry County Court, case of Major Ar¬
thur Allen referred to, 372; order to,
523.

Survey, of the Colony, a desideratum,
409.

Survey of land, fee required for record¬
ing, 521.

582

Executive Journals, Council of Colonial Virginia

Surveyors, list of, to be made, 126; com¬
plaint concerning those appointed by
Culpeper, 145; to submit copies of
their commissions, 156, 525; to be ap¬
pointed by trustees of William and
Mary College, 327; of Pamunkey
Neck and south side of Blackwater,
ordered to make no further surveys,
339; to take appropriate oaths, 372.

Swan, Col. Thomas, member of Council,

1.

Swann, Alexander, sheriff of Lancaster
County, 446.

Swann, Samuel, surveyor, 104.

Swann, Capt., afterward Major, Thomas,
to investigate illegal and seditious
practices in Nansemond County, 438;
letter from, concerning fines in custody
of Capt. Francis Clements, 440; major
of Nansemond County militia, 443;
surveyor of Surry and Isle of Wight
counties, 460.

Swearing, act for suppressing, 120, 214,
267, 306.

Sweeney, Edmund, justice of the peace,
309.

Sweetman, - , accused of piracy, to

be apprehended, 451.

Swindall, John, deposition of, 149.

“Swift,” a ship, in distress, 378, 381;
mentioned, 382, 415; loss of, 397;
stores saved from, sent to England,
424, 431.

Swords, at Middle Plantation, in care of
John Page, 25; petitioned for, 133.

Swyndals, John, deposition of, 150.

Sykes, Mrs. Elizabeth, petitioner, 10.

Syre, William, petitioner, 200.

T

Tapico, an Indian, petitioner, 284.

Tar, for use of forts, 255.

Tarleton, Stephen, charges against, 21.

Tauerner (Taberer), John, petitioner,
285 ; ordered to appear before Council,
288.

Taxes, king petitioned to empower gov¬
ernor and Council to levy, in certain
cases, 8; collectors of poll, to report
on, 8 ; commission appointed to draw
up instructions for collecting poll, 8;
of one penny per pound payable in
tobacco, 144. See also Customs; Duties;
Poll Taxes; Revenues.

Taylor, Capt. William, petitioner, 285.

Taylor, George, letter from, 168; lieu¬
tenant colonel of Richmond County
militia, 445.

Taylor, James, too young to be made
justice of peace, 412.

Taylor, John, advocate of the Court of
Admiralty, salary of, 449; reinstated
as clerk of Charles City County, 439;

advocate in the Court of Admiralty,
takes oaths of office, 414; dispute of,
with James Minge, 407, 408; one of
a committee to inquire into burning of
State House, 392; to appear before
Council, 288.

Taylor, Richard, of Charles City Coun¬
ty, estate of, 408.

Taylor, William, letter from, 168; ap¬
pointed on commission of oyer and
terminer, 370.

Taylor, Capt. Zachariah, commander of
the ship “Augustine”, 18.

Temple, Mr., meeting of clergy called by,
531.

Tench, Hon. Thomas, member of Coun¬
cil of Maryland, mentioned, 298;
bearer of letter from governor of Mary¬
land, 374; address of, to Sir Edmund
Andros, 375-376; appears before
Council, 376.

Terril (Tyrrel), Capt. of his Majesty’s
ship “Mermaid”, seizure of servant
by, 486, 487.

Thacker, C. C., clerk of General Court,
407, 417, 454, 455, 466, 467.

Thacker, Edwin, to assist in surveying
and laying out town at Middle Plan¬
tation, 440; surveyor of Middlesex
County, 460.

Thacker, Henry, made justice of the
peace in Middlesex County, 528; pro¬
posed as sheriff of Middlesex County,
528.

Thanksgiving, day set for, 73, 245, 270,
342, 345, 378, 450..

Thomas, Robert, petition of, 519; judg¬
ments against, suspended, 520; or¬
dered not to trade with the Indians,
523.

Thompson, Mathew, appointed on com¬
mission of oyer and terminer, 370.

Thompson, Samuel, appointed justice,
345; sheriff of Westmoreland County,
to appear before Council, 402; to
be prosecuted, 416.

Thompson, William, complaint of,
against Southwark Parish, 2; defends
son, sheriff Samuel Thompson, 416.

Thornton, William, masterofthe “Jane”,
341, 344.

Thorowgood, John, major of Princess
Anne County militia, 443; sheriff of
Princess Anne County, 446.

Thorp, Otho, opprobrious words spoken
to, 490.

Thread, imported contrary to act for en¬
couragement of trade, 242.

Threader, - , plant cutter, 490.

Throgmorton, John, house of, mentioned,
47 1 ; testimony of, in case of Governor
Jeffries versus Col. Philip Ludwell,
472, 473.

Thruston, Christopher, plaintiff, 177.

Index

583

Thruston, Malachy, juror, 174.

Tickings, imported contrary to act for
encouragement of trade, 241.

"Tigger” (‘Tiger’), a vessel, mentioned,
346.

Tilly, Thomas, case of, 523.

Tindall’s Point, two houses at, robbed by
pirates, 26; help to be given fort at,
145; fort at, mentioned, 183, 331;
gunner appointed for fort at, 189;
house built on fort land, appraised,
193; meeting of Council held at, 205;
stones for use of fort at, 211; guns
mounted under platform at, 266; run¬
away seamen to be taken to gunner at,
267; defenses at, 305; ships at, 352;
mentioned, 396; storage house built
at, 397; condition of fort at, 410; fort
at, to be inspected, 41 1 ; account of
arms and ammunition at, 426; plat¬
form built at, by John Hanly, 429;
Richard Dunbar gunner at, 430;
Richard Dunbar resigns as gunner of
fort at, 430; fortification at, to be
abandoned, 432, 433; salary of gunner
at, 439; ship rides at anchor at, 457;
guns and stores at, 462.

Tithables, persons concealing, to be pun¬
ished, 148; lists of, to be made, 525.

Tobacco, suspension of repeal of act lim¬
iting time of receipt and payment of
public, asked for, 5; king petitioned to
empower governor and Council in cer¬
tain cases to levy tax payable in, 8;
repairs to guard house and provisions
for militia to be paid for out of tax on,
13; two men charged with cutting up,
21; plant cutters punished, 22;
women in Gloucester County accused
of plant cutting, 23; warrants issued
for arrest of persons destroying plants,
27; proclamation in reference to de¬
stroying, 34; examinations and deposi¬
tions concerning plant cutting, 36; or¬
der for the prosecution of persons de¬
stroying plants, 37; grown by sol¬
diers, subject to tax, 38; proclama¬
tion concerning John Haleys, plant
cutter, 40, 48; Thomas Sands allowed
to ship free of duty an amount of, 42,
80,487; planting, successful, 43 ; value
of foreign coin not to be increased when
used in paying the tax of 2 shillings
per hogshead on exported tobacco, 45;
act of two shillings per hogshead of,
mentioned, 45; proclamation concern¬
ing size of hogsheads, 63; act limiting
times of receipt and payment of pub¬
lic tobacco repealed, 75, 76; exporta¬
tion of bulk tobacco prohibited, 88,
511; to be sent to England in frigates,
118; vessels carrying, sail contrary to
order, 130; not to be shipped except
to England, 130; making of seconds

and slips prohibited, 130, 148; cessa¬
tion of planting of, 130, 488; quitrents
sold at six shillings per cent, for sweet-
scented, 137; duty of one penny per
pound, payable in, 144; not to be
planted after June 1, 148; tare and
size of hogshead of, 148, 329, 499;
frauds in shipping, prevented, 159; all
tobacco shipped in Virginia to pay
Virginia duties, 395; in bulk, Assem¬
bly to meet, in order to discuss, 512.

Todd, John, mentioned, 183, 261.

Toleration, act of, mentioned, 525.

Tom, a negro, not to be tried by com¬
mission of oyer and terminer, 309.

Tony, a negro, commits robbery, 310.

Tooker, Henry, major of Surry County
militia, 443.

Towns, act concerning, mentioned, 16,
37; act for, disapproved, 496; act for
co-habitation, mentioned, 499.

Townsend, Capt. Isaac, letter from, 225;
commander of the “Assureance”, 231,
242; of their Majesties’ ship the “Fore¬
sight”, to transport two murderers to
England, 296; orders to, in reference
to sailing of vessels, 297, 298.

Trade, act for encouragement of, vio¬
lated, 241 ; act for encouragement of,
mentioned, 301; act for preventing
frauds in, 350; plantation, act for reg¬
ulating abuses in, 377, 378, 427 ; meas¬
ures taken for security of, 384; boat
condemned for a breach of act of, 431.

Trade and Plantations, committee for,
report of, 116; complaint against
Philip Ludwell sent to, 132; asked for
opinion in reference to escheat of land
where there are no near kin, 240;
names to be transmitted to, 513; copies
of laws to be sent to, 514; certain ac¬
counts to be transmitted to, 517; re¬
ports to be made to, 518; petition
considered by, 521; communicated
with by Council as to a Court of Ex¬
chequer and a Court of Admiralty in
Virginia, 526; wretched condition of
Virginia, represented to, 527; all pub¬
lic transactions to be communicated
to, 527.

Trade and Plantations, council for, letter
from, 366, 377, 378, 384, 385, 386, 387,
390, 394, 395.

Trade and Navigation, acts for, to be
put in execution, 200; regulations as
to, 451, 452.

Traders, illegal, measures taken against,
321; vessel to watch for, 326, 354, 373 ;
instructions as to, 349; Nicholson’s
conduct toward, 531.

Treason, four men to be tried for, 36;
Richard Hill accused of, 128.

Treasurer, Lord High, accounts to be
transmitted to, 517.

584

Executive Journals, Council of Colonial Virginia

Treasury, Lords of the, letter from, 321,
436; certain accounts to be transmit¬
ted to, 517.

Trevethan, Hon. William, appointed
surveyor of certain customs, 367.

Tribute beaver, profits arising from, to
be accounted for, 77; received by gov¬
ernors as a perquisite, 77.

Trim, Capt. Mathew, to inspect and re¬
port on the “Dunbarton”, 134.

Troop of Horse. See Cavalry.

“Tryall,” a ship, mentioned, 157.

Tucke, Capt. John, commander of the
“Tigger” (Tiger.) 346.

Tullett (Tullit), John, paid for work at
James City, 331; burgesses to meet in
house of, 410.

Turks, peace concluded by, with the em¬
peror of Germany, 453.

Turner, George, petition of, referred to
next General Court, 430.

Tuscarora Indians, four captured and
sent out of Colony, 147.

See also Indians.

Tyler, Thomas, Indians transported by,
147, 157.

U

“Union,” of Salem, a bark, mentioned,
149.

V

Vagrancy, persons to be punished for,
156, 525.

Vaillant, - , French prisoner of war,

released, 418.

Vallois, - , French prisoner of war,

released, 418.

Van Cortlandt (Courtland), Stephanus,
letter from, 190; member of the Coun¬
cil of New York, 259, 260.

Van Sweringham, Gerett, sole witness
as to alleged treasonable talk of Col.
William Diggs and Col. William Fitz-
hugh, 302.

Vernon, Rt. Hon. James, one of the sec¬
retaries of state of England, 422, 428.

Vessels. See Ships.

Vestries, to be chosen according to law,
176; regulations for, 526.

Veto power (negative voice), dispute
about, 509.

Vice, laws against, to be enforced, 269.

Violette, La, - , French prisoner of

war, released, 418.

Virginia, petition in reference to military
guard of, 12; European goods brought
to, 13; letter from Lord Culpeper con¬
cerning affairs of, 16; Major Beverley
accused of inciting inhabitants of, 19,
21; Council to render an account of
the government of, during Culpeper’s
absence, 37 ; land and sea force for pro¬
tection of, 38; services of sloop

equipped to defend, discontinued, 53;
petition in reference to Lord Culpep¬
er’s rights in southern part of, 69;
boundary line between North Caro¬
lina and Virginia to be defined, 95;
governor of, not to leave without per¬
mission, 101 ; laws of, revised and sent
to king for approval, 102; Nathaniel
Bacon unwilling to preside in absence
of governor, 102; petition asking that
office holders be required to reside in,
123, 145; defenseless condition of, 144,
183, 212; inhabitants in need of cloth¬
ing, 213, 214; protection of, 228, 448,
488, 489; helps New York in defending
Colony against attacks by Indians,
259, 260; postoffice established in,
273, 274, 275; representatives of North
Carolina sent to, to settle boundary
line between colonies, 427; inhabi¬
tants of, forbidden to hold any corre¬
spondence with the Scotch, 428; gov¬
ernor declines to confer with repre¬
sentatives from North Carolina regard¬
ing boundary line, 428, 429; Council
decides against hiring vessel to cruise
upon coast of, 436; widow living near
boundary line of Virginia and North
Carolina required to pa}-' quitrents in
both governments, 438.

Voss, Israel, petitioner, 426.

W

Waifs, lists of, to be furnished by coro¬
ners, 460.

Wager, Capt. Charles, in command of
naval vessels, 352, 354; postpones sail¬
ing, 361.

Wager, William, paid for services, and
for money paid Edward Ross, 396.

Wagstaff, James, ship to be delivered to,
388.

Walk, Thomas, juror, 174; to appraise
the “Crane”, of Dartmouth, 234.

Walker, George, petition of, 309; master
of the “Peyton”, a ship, 381.

Walker, Capt. Henderson, member of
Council of North Carolina, 427.

Walker, John, juror, 174.

Walklate, George, judgment against,
472; suit of, 473; protection granted
to, by Governor Jeffries, 476.

Wallace, Rev. James, assaulted by Capt.
Anthony Armstead, 309.

Waller, John, made justice of peace, 411;
sheriff of King and Queen County, 446.

War, declaration of, not to be made by
governor in Virginia, 518.

Ward, Thomas, petition of, 379.

Ware, Jacob, minister of St. Peter’s Par¬
ish, 280.

Warner, Col. ^Augustine, member of
Council, 1, 470, passim to 477; testi-

Index

585

mony taken before, 472, 473, 474;
signs a report, 536.

Warwick County, powder sent to, 185;
militia of, visited by governor, 268;
Denbigh Parish, church trouble in,
322, 340, 356; surveyor of, appoints a
deputy, 407 ; officers of militia of, 444;
sheriff of, 446; surveyor of, 460.

Warwick County Court, petition from,
309.

Warwick River, ships to ride in, 154, 256.

Washington, Lawrence, appointed on
commission of oyer and terminer, 370.

Waters, William, major of Northampton
County militia, 445.

Waufe, George, case of, 525.

Waugh, John, arrested for circulating
false reports concerning Indians and
Papists, 104; to be taken into custody,
519; case of, 522.

Welborne (Welbourn, Welburne),
Thomas, juror, 174; paid for hire of
sloop, 315; sheriff of Accomac Coun¬
ty, 446.

Welden, Mrs. Sarah, claim of, 304.

Weldon, Major Samuel, meeting of
Council held at house of, 28; sheriff of
James City, 28.

Wells, Thomas, reimbursed money ad¬
vanced, 396.

Welsh, Nicholas, suspected of being a
spy, 127.

Wessells, - , letter from, 190.

West, John, arrested for circulating false
reports concerning Indians and Pap¬
ists, 104; juror, 204; to be taken into
custody, 519.

West, Col. John, orders given to, regard¬
ing Indian affairs, 52; to provide
quarters for rangers, 57; juror, 242;
petition of, 326.

West Indies, squadron to be sent to, 521.

Westmoreland County, sheriff of, 1,2,
446; single free men in, to be drafted
for military service, 57; powder sent
to, 185; two justices added to commis¬
sion of, 345; sheriff of, to appear be¬
fore Council, 402; sheriff of, to be
prosecuted, 416; John Cood thought
to be residing in, 416, 417; militia
officers of, 444; Rice Hoe naval officer
and receiver in, 450; surveyor of, 460.

Westover (Westopher) Parish, minister
of, 288; united with Jordan’s, 512.

Whales, several persons given permis¬
sion to catch, 275; killing of, in Chesa¬
peake Bay, prohibited, 449.

Wheat, law concerning planting of, to be
enforced, 47; exportation of, per¬
mitted, 499.

Whitchurch, Joseph, petitioner, 192.

White, Philip, deposition of, 153.

Whitehall, mentioned, 70.

Whitehead, Arthur, petition of, com¬
plaining of a Nottoway Indian, 439.

Whitehead, Charles, estate of, 310.

Whitehead, Richard, deputy agent, 201;
to transcribe copies of the proceedings
of his office, 237; petitioner, 238; to
be sued for arrears of quitrents, 260;
surveyor of King and Queen County,
460.

Whiting (Whiteing), Henry, to appear
before Council, 39; suspended from
office, 41; member of Council, 163,
passim to 314, 529, 531; house to be
appraised by, 193; treasurer, 251, 266;
testimony taken before, 472, 473, 474;
punished for using violent language,
493; appointed treasurer of certain
duties, 530.

Whiteing, Ralph, ferryman, complaint
against, 347.

Whitley, David, interpreter, 182.

Whitson (Whitsun), Aaron, Council’s
decision regarding petition of, 429;
permitted to buy and pay for the ship
"Integrity”, according to appraise¬
ment, 431, 432.

Whittaker, Capt. Walter, Robt. Beverley
in custody of, 25.

Wiccocomico, mentioned, 335.

Wiccomico (Wickocomoco) Indians, pe¬
tition of, 284.

See also Indians.

Wicocomico (Wicomocco) River, vessels
to ride in, 154.

Wicket, John, of Charles City County,
petition of, 407.

Wiggington, William, wife and children
of, dangerously wounded by Indians,
370.

Wilcox, John, mariner, petition of, 492.

Wilkisson, Thomas, estate of, 318.

Willes, Habacock, master of the “Friend¬
ly Society”, suspected of illegal trad¬
ing, 297.

"William,” a ship, letter in reference to,
316.

William, “Brother,” warrant issued for
arrest of, 109.

William, King, plot against life of, frus¬
trated, 345; address of congratulation
to be sent to, 346; letter from, 346.

“Wi.liam and Jane,” a ship, case of 380.

William and Mary, king and queen of
England, 106, 149, 167, 245; to be pro¬
claimed king and queen, 520; letters
in reference to their being proclaimed
king and queen, 524; expected to
show favor to Virginia, 530.

“William and Mary,” a ship, suspected
of violating act for encouragement of
trade, 241.

William and Mary College, money for,
to be raised by subscriptions, 121;
account of the promoters and oppo-

586

Executive Journals, Council of Colonial Virginia

nents of the movement to be made to
governor, 156; charter for and pro¬
ceedings in Council in reference to, 294,
295; memorial and propositions in
reference to, referred to House of Bur¬
gesses, 301 ; land of, 304, 338, 343, 357,
363, 373, 458; land of in Pamunkey
Neck and on the Blackwater to be sur¬
veyed, 311; petition of governors of,
311; letter to, to be recorded, 316;
governors of, ask Sir Edmund An¬
dros to become a member of their
body, 318; encouragement of, 321;
petition of trustees of, 327 ; mentioned,
329, 447; foundation of building for,
to be laid, 334; rector of, objects to
taking an oath, 336; land granted to,
351; affairs of, 356, 365; meeting of
board of, 360, 363; account of, sub¬
mitted by Sir Edmund Andros, 365;
survey of land belonging to, 390; dues
to, 412, 413; trustees and founders of,
appoint Capt. Miles Cary surveyor
general of Virginia, 413; King Will¬
iam’s favors to, mentioned in procla¬
mation, 453; money paid to, 464, 465.

“William and Sarah,’’ a vessel, men¬
tioned, 42, 80, 487.

Williams, Capt., bond of, 385.

Williams, John, house of, robbed by pir¬
ates, 26, 38.

Williams, Roger, money paid to, 461,
462.

Williamson, George, juror, 204; sur¬
veyor of Surry and Isle of Wight coun¬
ties, 283; summoned to court, 361;
work of, inquired into, 362; to attend
next meeting of Council, 364; sus¬
pended from office, 366.

Williamson, Richard, mentioned, 104.

Willis, Richard, juror, 204, 242.

Wills, probate of, 86, 464, 515.

Wilmington Parish, James City County,
church trouble in, 326, 327, 328; pe¬
tition from, 409.

Wilson, James, major of Norfolk County
militia, 443.

Wilson, William, appointed to take de¬
position, 113; to sell certain things
by auction, 121; mentioned, 186, 232;
papers relating to the petition of
Thomas Jarvis’s widow to be produced
by, 237; justice of the peace, 309; bond
given by, 381 ; sloop of, impressed, 381 ;
naval officer and receiver for the
Lower District of James River, 449.

Wilson, Lieut. William, leases Point
Comfort Island, 464.

Wilson, William, colonel and command¬
er-in-chief of Elizabeth City County
militia, 444.

Wilson, Capt. Willis, purchases a cap¬
tured ship, 380; petition of, 381, 414,
415; bond of, 382; made justice of

peace, 411; ordered to take charge of
gunners’ stores saved from the advice
boat “Swift”, 424; authorized to dis¬
pose of some of the stores saved from
the advice ship “Swift”, 431.

Winchester, Bishop of, member of the
committee of the Privy Council to
manage affairs of the foreign planta¬
tions, 485.

Wine, duty on, 66; profits arising from
licenses, to be accounted for, 77, 508.

Winn, Joshua, made justice of peace, 408.

Wise, John, excepted from proclamation
of pardon to plant cutters, 494.

Withers, Capt., letter from, 368.

Woccon Indians, mentioned, 277.

“Wolfe” (Woolfe), a ship, case of, 176,
194, 270, 297.

Wood, Major Gen. - , letter to, 12.

Woodcock, John, in custody of the sher¬
iff of James City County, 109, 110;
sent to Maryland to be tried for mur¬
der, 163, 166.

Woodington, John, punished for encour¬
aging plant cutting, 22.

Wool, act prohibiting exportation of, re¬
pealed, 61, 500.

Woolen goods, manufacture of, to be
guarded against, 214.

Woolfells, act prohibiting exportation
of, repealed, 61, 500.

Worcester, Bishop of, member of the
committee of the Privy Council to
manage affairs of the foreign planta¬
tions, 485.

Wormeley, Col. Christopher, sheriff, 10;
ordered to seize Assembly (House of
Burgesses) papers, 20, 23, 489; mem¬
ber of Council, 55, passim to 383, 513,
529, 53 1 ; proposed as member of com¬
mittee to confirm articles of peace with
Indians, 71; collector for Potomac
River District, 177, 200, 221, 223, 224,
299; empowered to act against Indians
in absence of governor or sickness of
Ralph Wormeley, 262 ; letter of Edward
Randolph referred to, 299; takes oath
as collector and naval officer, 334, 364,
382; collector, to clear the “Dolphin”,
335; directed to interview the gov¬
ernor of Maryland, 360; appointed to
compose a difficulty between Col.
Francis Nicholson and Col. Daniel
Parke, 361; appointed on commission
of oyer and terminer, 370; with others,
to administer oath to governor, 377;
appointed collector of Rappahannock
River, 379; death of, mentioned, 386,
393, 394; appointed to act as judge,
507 ; public records to be delivered to,
510; in possession of certain plate, etc.,
521.

Wormeley, Hon. Ralph, member of
Council, 1, passim to 276, 470, 477,

Index

587

513, 529; ordered to seize Assembly
(House of Burgesses) papers, 20, 23,
489; proposed to be member of com¬
mittee to confirm articles of peace with
Indians, 71; meeting of Council held
at house of, 97, 288, 298, 370, 458; to
report on guns and ammunition in
Rappahannock Fort, 117, 316; letter
from, concerning the sailing of a ketch
from Belfast, 165; president of Gen¬
eral Court, 204; takes oath as collec¬
tor and naval officer, 224, 334, 382;
to be notified in the absence of the
governor of any trouble at the heads of
Rappahannock or Potomac rivers,
262; absent from meeting of Council
on account of sickness, 263, 407, 425,
426; letter from, giving an account of
the proceedings of Capt. John Purvis,
270, 275; oath of office administered
to, 277; secretary, 276, passim to 397;
certifies copy of proceedings of Coun¬
cil sent to England, 290; signs procla¬
mations, 290, 291, 292, 293, 294, 306,
307, 308, 318; to sign receipts of the
members of the Council, 290, 316;
to preside at the meetings of the Coun¬
cil in absence of governor in Maryland,
299, 308; petition of, referred to House
of Burgesses, 301; certain money in
hands of, 304; money refunded to,
315, 349; to draw up a statement as
to the condition of the country, 322;
gives information as to a sloop, 326;
paid for apparatus, 331; commission
of, as secretary, to be recorded, 332;
to write letter to Col. Andrew Hamil¬
ton, 334; collector of Rappahannock
River, communication from, 340; to
make arrangements for speedy con¬
veyance of letters, 340; votes against
sending men to New York, 343; to
draw up an “Association”, 346; to
prepare a letter of congratulation to
King William, 346; to prepare a proc¬
lamation, 346; asks for a deputy, 348;
appointed to compose a difficulty be¬
tween Col. Francis Nicholson and Col.
Daniel Parke, 361; with others, to ad¬
minister oath to governor, 377; ap¬
pointed on committee to revise the
laws, 378; brings up case of Arthur
Jarvis, 397; named member of Coun¬
cil in Nicholson’s instruction, 398;
mentioned, 408; colonel and com-
mander-in-chief of Essex County mil¬
itia, 444; colonel and commander-in¬
chief of Middlesex County militia,
444; signs an account, 465; sits in
trial of Philip Ludwell, 470; answer
made by, to petition of Lewis Griffin
and Lewis Burwell, 480; appointed to
act as judge, 507 ; public records to be

delivered to, 510; in possession of cer¬
tain plate, etc., 521.

Wright, Francis, juror, 242; major of
Westmoreland County militia, 444.

Wright, John, minister, complaint against
Jonathan Davis, 3.

Wright, Mottrom (Martrum, Mattrom,
Mabrum), charges against, 227; juror,
242.

Writs, issued for a meeting of Burgesses,
78; issued for convening Assembly,
272; to be issued in royal name, 518.

Wyndham, Hugh, opinion of, 479.

Y

Yard, Hon. Robert, secretary to the
Lords Justices of England, letter from,
416.

Yardly, Argol, deceased, books and pa¬
pers of, to be delivered to his widow,
491.

Yardly, Sarah, widow of Argol Yardly,
books and papers to be delivered to,
491.

Yeocomoco River, Isaac Allerton, naval
officer and receiver for, 450.

York County, sheriff of, 10, 446; Robert
Beverley delivered by sheriff of, to
sheriff of Northampton County, 24;
sheriff of, to convey Robert Beverley
to Eastern Shore, 26, 490; four mem¬
bers of Council try plant cutting cases
in, 27 ; single free men in, to be drafted
for military service, 57; powder sent
to, 185; robbery committed in, 310;
escheator of, 442; militia officers of,
444; surveyor of, 460; sheriff of, de¬
mands a servant from Capt. Terril,
486, 487.

York County Court, case referred to, 310.

York County Courthouse, meeting of
Council held at, 27, 146, 162.

York Fort, guns and ammunition in, to
be listed, 117; account of gunner for
building house on land of, 121; pow¬
der sent to, 185; salary of gunner at,
187, 255, 348; stores brought to Col¬
ony for, 208; tar for use of, 255; to be
inspected, 411; account of arms and
ammunition at, 426; to be abandoned,
432, 433.

York River, mentioned, 21, 22; homes
on, robbed by pirates, 38; petition
asking for seal for district customs col¬
lector, 72; vessel to ride in, 128, 154,
256; pilot for, 200; ships in, 353; es¬
cheator appointed for land between
York and Rappahannock rivers, 445;
escheator appointed for land between
James and York rivers, 445; William
Buckner, collector of, 449; Miles
Cary, naval officer and receiver of, 449 ;
ships from, delay sailing of fleet, 533.

Date Due

Exe9cuif1/l,Colony)' Counci

executive ourna s of the Coun

010101 000

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TRENT UNIVERSITY

J87

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Virginia

(Colony) Council

Executive journals of the

Council

of colonial Virginia

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