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Ml^h'iff'iN^^i'ilMT.T PUBLIC LIBRARY

3 1833 01740 4663






Published Quaxiterly by





Richmond, Va.


No. 707 East Franklin St.

Reprinted with the permission of the original publisher

New York



Editor of the

Reprinted in U.S.A.


Table of Contents O.

Book Reviews 110, 221, 334, 445 Y^


Council and General Court Minutes 1622-1629. From the Originals
in the Library of Congress. Copied and Contributed by
Lothrop Withington 45, 136, 281

Council Papers 1698-1700. From the Originals in the Virginia

State Library 67, 163, 254, 384

Genealogy: Beverley 97, 212, 305

Boiling 310, 422

Brent 96

Empereour 417

Eppes 218

Poindexter 102, 214, 314

Rolfe 105, 208

Slaughter 306, 427

Turner 106, 211, 315, 421

Henry County Marriage License Bonds 1770-1800. Contributed

by Col. b. B. Bryant 277

Historical and Genealogical Notes and Queries 81, 193, 317, 431

Illustrations: Boiling Hall, Yorskshire, England 310a

Heacham Church 98a

Heacham Hall 98a

Pocahontas, from the original portrait 20Sa

Portrait of Robert James Brent 96a

Smith's Fort House, Exterior and interior views .. 208a

Smith's Fort, Remains of Earthworks at 210a

Smith's Fort, View from Bluff at 210a

Ludwell, Philip, Inventory of Estate, 1707. From the original in

the Collection of the Virginia Historical Society 395

Massie, Major Thomas, Revolutionary Pension Declaration 184

Randolph Manuscript, Virginia Seventeenth Century Records.
From the Original in the Collection of the Virginia Historical
Society 1. 113, 225,347


Revolutionary Army Orders for the Main Army under Washington.
From the Originals in the Collection of the Virginia Histori-
cal Society 24, 155, 293, 377

Revolutionary Pension Declarations, from Augusta County, Va.

Contributed by Judge Lyman Chalkley 8

Sussex County Wills, 1754-1804 (M-P). Contributed by W. B.

Cridlin 269

Virginia Gleanings in England, (Wills, &c.,) by Lothrop Withing-

ton 153, 249, 372

Virginia's Soldiers in the Revolution. A Bibliography, by C. A.

Flagg and W. O. Waters 337

Virginia in 16G6-1667. From English Public Records 33

Virginia in 1667-1G76. From English Public Records 122

Virginia in 1676-1677. From English Public Records 234

Virginia in 1677. From English Public Records 359

Virginia Historical Society, List of Officers and Members, January,
1913. January Magazine.

Virginia Historical Society, Proceedings of Annual Meeting, Feb-
ruary 15, 1913. April Magazine.





Published Quarterly by





Richmond, Va.
No. 707 East Franklin St.

Reprinted with the permission of the original publisher

New York


Virginia Magazine



Vol. XXI. JANUARY, 1913. No. 1


Virginia Seventeenth Century Records.

From the Original in the Collection of the Virginia Historical Society

Commission and Instructions to the Earl of Orkney
FOR the Government of Virginia.


And We do hereby require and Command all Officers &
Ministers Civil & Military, and all other Inhabitants of our
said Colony & Dominion to be obedient aiding & assisting unto
you the said George Earl of Orkney in the Execution of this
our Commission, and of the Powers & Authioities herein con-
tain'd, & in Case of your Death or Absence out of our said
Colony to be obedient aiding & Assisting unto such person as
shall be appointed by us to be our Lieut Govemour or Com-
mander in Chief of our said Colony To whom we do therefore


by these Presents Give & Grant all & Singular the Powers &
Authorities herein granted to be by hiro Executed & Enjoy'd
during our Pleasure, or untill your Arrival within our said
Colony — If upon your Death or Absence out of our said Col-
ony there be no Person upon the Place commissionated or
appointed by us to be our Lieut Governor or Commander in
Chief of the said Colony Our Will and Pleasure is, That the
Eldest Councellor whose Name is first Plac'd in our said In-
structions to you, and who shall be at the time of your Death
or Absence, residing within our said Colony & Dominion of
Virginia, shall take upon him the Administration of the Gov-
ernment, and Execute our said Commission & Instructions,
And the Several Powers & Authorities therein Contained,
in the Same Manner, And to all Intents & Purposes as other
our Governor or Commander in Chief shou'd or ought to do
in Case of your Absence imtil your Return, or in all Cases
untni our further Pleasure be known therein, And We do
hereby declare, Ordain, and Appoint that You the said George
Earl of Orkney, shall and may hold. Execute & Enjoy, the Office
and Place of our Lieut & Governor General of otir said Col-
ony & Dominion with all its Rights Members & Appurtenan-
ces whatsoever together with all & Singular the Powers
& Authoritys hereby Granted tmto you, for & during our Will
& Pleastire, Lastly we have revoked Determin'd & made Void
And by these Presents do revoke Determine & make Void
certain Letters Patents Granted by her late Majesty Queen
Anne imto you the said George Earl of Orkney for the Gov-
ernment of our said Colony & Dominion of Virginia under the
Great Seal of Great Britain bearing Date at Westminster
the day of in the Year of her said

late Majesty's Reign And every Clause, Article & thing there-
in Contain'd, In Witness whereof we have caused these our
Letters to be made Patents.

Witness Our Self at Westminster the day of

in the first Year of oiu- Reign.

And for so doing this shall be yovir Warrant Given at our
Court at St. James the 15th day of January 1714 in the first
Year of our Reiga.


By his Majesty's Command,
James Stanhope.
To our Attorney or
Solicitor Generall

A True Coppy from Books of the R*" Hon"'^ the Lord
Carteret's Office. Whitehall 28 April 1722

Danl Preveran.

instructions for our right trusty & RIGHT

GEORGE R. * J ,.. *^ , r .

And m his Absence to the Lieutenant Gover-
nor or Commander in Chief of our said Colony
for the time being, Given at our Court at St
James's the 15th day of April 1715 in the first
Year of our Reign.

1. With these our Instructions you will receive our Com-
mission under our Great Seal of Great Britain, Constituting
you our Lieutenant & Govemour General of our Colony &
Dominion of Virginia in America.

2. You are therefore to fit your self with all convenient speed
& to repair to our said Colony of Virginia, And being there
Arriv'd, You are to take upon you the Execution of the Place
& Trust we have repos'd in You. And forthwith to Call to-
gether the Members of Our Coimcil for Our Colony and Do-
minion, by Name, Viz. Edmund Jennings, Robt. Carter,
James Blair, Phillip Ludwell, John Lewis, WiUiam Byrd, Will-
iam Basset, Nat Harrison, Mann Page, Dudley Digges, Peter
Beverley and John Robinson Esq*"*'

3. And You are with due and Usual Solemnity to Cause
our said Commission under our great Seal of Great Britain
Constituting You our Lieutenant and Governor General of
our said Colony & Dominion, to be read and Publish'd at the
said meeting of our Council.


4. Which being done you shall yourself take — and also Ad-
minister unto each of the Members of Our Councill, As well
the Oaths Appointed by Act of Parliament to be taken instead
of the Oaths of Allegiance & Supremacy, And the Oath men-
tion'd in an Act pass'd in the Sixth Year of her late Majesty's
Reign Entituled An Act for the Security of her Majesty's
Person and Government and of the Succession to the Crown
of Great Britain in the Protestant Line, as also to make and
Subscribe, & cause the Members of otur Council to make and
Subscribe the Declaration Mentioned in our Act of Parlia-
ment made in the 25tb Year of the Reign of King Charles the
Second, Entituled, an Act for Preventing Dangers which may
happen from Popish Recusants, And you and every of them
are likewise to take an Oath for the due Execution of Your and
their Places and Trusts, as well with regard to your and their
equal and Impartial Administration of Justice, and you are
also to take the Oath required to be taken by Governors of
Plantations to do their Utmost that the Laws relating to the
Plantations be observ'd.

5. You are forthwith to Communicate unto our said Coun-
cil Such & so many of these our Instructions wherein their
Advice and Consent are Mention 'd to be requisite, as likewise
all such others from time to time as you shall find Convenient
for our Ser\dce to be imparted to them.

6. You are to permit the Members of our Said Council of
Virginia, to have and enjoy freedom of Debate, and Vote in
all Affairs of Publick Concern, that may be Debated in Council.

7. And also by our Commission aforesaid, we have thought
fitt to direct that any three of our Councelors make a Quorum,
It is Nevertheless Our Will and Pleasure that you do not Act
without a Quorum of less than five Members unless upon Ex-
traordinary Emergencies when a greater Number cannot be
conveniently had..

8. And that we may be always informed of the Names &
Characters of Persons fit to Supply the Vacancies that shall
happen in Our said Council, You are to transmit unto us by
one of our Principal Secretarys of State And to Otu- Commis-
sioners for Trade and Plantations with all Convenient Speed


the Names and Characters of Twelve Persons Inhabitants of
our said Colony, whom you shall esteem the best qualifi'd
for that Trust, and so from time to time when any of them
shall d^^e, depart out of our said Colony, or become otherwise
vmfit. You are to Nominate so many others in their Stead,
that the list of twelve Persons fit to Supply the said Vacancys
may be always Compleat.

9. You are from time to time to send unto us as aforesaid
& to our Commissioners for Trade and Plantations, the Name
or Names and Quality's of any Member or Members by you
put into otu- said Council, by the first Conveniency after
your so doing.

10. And in the Choice and Nomination of the Members
of our said Council, as also of the Chief Officers, Judges, Assis-
tants, Justices and Sheriffs, You are always to take Care that
they be Men of good Life & well Affected to oiir Government,
and of Good Estates, and Abilities, and not Necessitous People,
or much in debt.

11. You are neither to Augment nor diminish the Ntunber
of our said Coimcil as it is hereby Established, Nor to Suspend
any of the Members thereof without good and Sufficient Cause
nor without the Consent and Majority of the said Council,
And in case of Suspension of any. You are to Cause your Rea-
sons for so doing, together with the Charges and Proofs, against
the said Persons, and their Answer thereunto, (Unless you
have some Extraordinary Reason to the Contrary) to be duly
enter'd upon the Council Books, And you are forthwith to
transmit the same together with your Reasons for not Entring
them upon the Council Books (in Case you do not Enter
them) tmto us,, And to our Commissioners for Trade and Plan-
tations as aforesaid.

12. You are to Signify otu- Pleasure unto the Members
of our said Council, that if any of them shall hereafter absent
themselves from otir said Colony, and continue absent above
the Space of Twelve Months together without leave from you,
or from the Commander in Chief for the time being, first Ob-
tain'd or shall remain absent for the Space of Two Years or the
greater Part thereof Successively without our Leave given them


tmder our Royal Sign Manual their Place or Places in our
said Council shall immediately thereupon become Void, &
that we will forthwith appoint others in their Stead.

13. And whereas we Subscribe that Effectual care ought to
be taken to Oblige the Members of Our said Cotmcil to a due
Attendance therein, in order to prevent the many Inconve-
niences that may happen from the Want of a Quorum of the
Coimcil to Transact Business as Occasion may require IT IS
OUR WILL AND PLEASURE that if any of the Members of
the said Council shall hereafter Wilfully absent themselves when
duly Summon'd without a just and Lawfull Cause, And shall
persist therein after Admonition, You Suspend the said Coim-
cellors so absenting them till Our further Pleasure be known,
Giving us timely Notice thereof. And We hereby Will and re-
quire you that this our Royall Pleasure be Signify'd to the
Several Members of oiu: Coimcil aforesaid, and that it be en-
ter'd in the Coimcil Book of our said Colony as a standing

14. You are to observe in the Passing of Laws that the Stile
of Enacting the Same be by the Governor Council & Assembly
and no other. You are as much as Possible to Observe in the
Passing of all Laws that whatever may be requisite upon each
different Matter be accordingly provided for by a different
Law without intermixing in One & the Same Act such things
as have no Proper relation to each other. And You are more
Especially to take Care that no Clause or Clauses be Inserted
in or Annext to any Act which shall be foreign to what the
Title of such respective Act imports, & that no perpetual
Clause be Part of any Temporary Law, and that no Act what-
ever be Suspended, Alter'd, Reviv'd, Confirm'd or Repeal'd
by General Words but that the Title & Date of such Act so
Suspended, Alter'd, Reviv'd Confirm'd or Repealed be Par-
ticularly Mention'd & Expressed.

15. You are also to take Care that no Private Act be pass 'd
in which there is not a Saving Us Our Heirs & Successors all
Bodys Politick or Corporate & of all other Persons except
such as are mention'd in the Act.


16. And Whereas great Mischief may Arise by Passing Bills
of an Unusual & Extraordinary Nature & Importance in the
Plantations which Bill remain in force there from the time of
Enacting untill Our Pleasure be Signify'd to the Contrary,
We do hereby Will and Require you not to Pass or give Your
Consent hereafter to any Bill or Bills in the Assembly of our
said Colony of vmusual and Extraordinary Natiu-e & Im-
portance, Wherein our Prerogative or property of our Subjects
may be prejudiced, without having either first Transmitted
to us the Draught of such a Bill or Bills and ovu- having Signi-
mfy'd our Royal Pleasure or that you take Care in the Passing
of any Act of unusual and Extraordinary Nature that there
be a Clause inserted therein Suspending and deferring the Exe-
cution thereof Untill our further Pleasure be known concerning
the said Act to the End ovir Prerogative may not Suffer & that
Our Subjects may not have reason to complain of hardships
put upon them on the like Occasions.

17. You are to transmit Authentick Copies of all Laws
Statutes and Ordinances that are now made and in force which
have not yet been sent, or which at any time hereafter shall be
made or Enacted within our said Colony each of them Seper-
ately imder the Publick Seal unto Us & to our Commissioners
for Trade & Plantations within three Months or by the first
Opportunity after their being Enacted together with — Du-
plicates thereof by the next Conveyance upon Pain of our
highest displeasure and of the forfeit of that Years Salary
Wherein you shall at any time upon any Pretence Whatsoever
omit to send over the said Laws Statutes & Ordinances afore-
said within the time above limitted as also of such other Pen-
alty as we shall Please to inflict But if it shall happen that
during the time of War No shipping shall come from our said
Colony within three Months after the Making such Laws
Statutes and Ordinances whereby the same may be transmit-
ted as aforesaid then the said Laws Statutes & Ordinances are
to be transmitted as aforesaid by the next conveyance after
the making thereof whenever it may happen for our Appro-
bation or disallowance of the same


18. And Our further Will and Pleasure is That in every Act
which shall be transmitted there be the Several Dates & Re-
spective times when the Same Pass'd the Assembly The Council
and receiv'd your Assent, And you are to be as Particular as
may be in your Observations to be sent to our Commissioners
for Trade & Plantations upon every Act, that is to say whether
the same is Introductive of a New Law Declaratory of a for-
mer Law, or does repeal a Law then before in being and you are
likewise to send to our said Commissioners the Reasons for
the Passing of such Law unless the same do fully appear in
the Preamble of the said Act.

19. And Whereas it hath been represented that the Taxes
which have been levied by Poll within our said Colony have
been heavy and burthensome tmto our Subjects there, You are
to recommend to the General Assembly the Consideration
and Settling such a way for raising Money upon Necessary
Occasions as shall be more equal and Acceptable to our sub-
jects there than the Method of Levying by Poll and Titheables.

(to be continued.)


From the Records of Augusta County, Va.

Contributed by Judge Lyman Chalkley

Samuel Bell.
On motion of Joseph Bell and Sarah Bell, two of the legatees
of Samuel Bell, dec'd, it is ordered to be certified to the execu-
tive of this Com'th and to the Register of the land office that
it appears to the satisfaction of this court on the evidence of
the said Joseph Bell and Smith Thompson, That the said Sam-
uel Bell dec'd entered the Virginia line on Continental estab-
lishment on the 8th March 1777 as an ensign in Captain Mc-
Guire's company attached to the i6th Regt. commanded by
Col. Wm. Grayson ; that he was afterwards attached to Cap.
Thomas Bell's Co. in the same regt. was at the battle of


Brandywine, Germantown, Guilford C. H. and last at the
battle of Hot Water in which he was wounded in eight or
nine places and taken prisoner. Was afterwards taken to
Williamsburg by the enemy and paroled and continued in the
army to the end of the war as an supernumerary officer ; that he
died in Staunton in 1788 having first made his last will and
testament bearing date 23 Sep. 1782 and duly recorded in the
clerk's office of said court, leaving the said Joseph Bell, Sarah
Bell, Thomas Bell and Jolin Bell, his legatees.

That the said Thomas Bell died in the county of Albemarle
having first made his last will and testament bearing date 9
May 1797, recorded in Albemarle, leaving William Love Robert
Washington Bell, Sally Jefferson Bell, and Wm. Wells his lega-

That the said John Bell died in County of Augusta leaving
a will dated 11 Feb'y 1797, recorded in Augusta leaving said
Joseph Bell residuary Legatee.

(Order Book 39, April 28, 1823.)

Joseph Bell.
Virginia, Augusta County, towit :

On this 30th day of August 1832 personally appeared in
open court before the justice of the Augusta County Court
now setting (Maj.) Jos. Bell a resident of the County and
State aforesaid, aged about seventy seven years who being first
duly sworn according to law, doth on his oath make the follow-
ing declaration, in order to obtain the benefit of the Act of
Congress passed the 7th day of June 1832.

That he was born in Augusta County and State of Virginia
in the month of February 1755 as he has always understood
and believes ; that there is no record of his age known to him,
that he has always resided and still resides on the farm where
he was born in the said County of Augusta.

That as one of the militia of Augusta County he was drafted
for the protection of the western frontier from the Indians;
that he rendezvoused at Lexington in the County of Rocking-
ham about the 15th July, 1776 and was attached to the Com-


pany under the command of Captain John Lyle and marched
to Holston River under Colonel Russell ; from thence he march-
ed to the Great Island of Holston River and was there placed
under the command of Col. William Christian ; from thence he
marched to the Cherokee Towns south west of the Tennessee
River and was stationed there for some time and returned
home about the middle of December 1776, being absent in the
service about five months — that he received no written dis-
charge that he knows of no one living at this time, except
Major Williarriv Willson of said County of Augusta by whom
he can prove the service above set forth, that the said Willson
was with him on the said tour of duty.

He was drafted as one of the Militia of Augusta County
for a second tour of duty and rendezvoused at Staunton in
Augusta County & State of Virginia on the 22d day of Sep-
tember 1777 and was placed under the command of Captain
Thomas Smith of the Augusta Militia, and he was elected as
first sergeant of the Company, in which capacity he served
during the said tour of duty — from Staunton he marched to
the Little Levels in the County of Greenbrier in the State of
Virginia at which point they were joined by other troops under
the commands of Col's Dickenson, Samuel McDowell and Geo.
Skeleron. From the little levels, they marched to the mouth
of the Great Kanawha river (Point Pleasant) to join the army
under the command of Gen'l Hand, after having remained for
some time there the Army was drawn up, and Col. Sam'l Mc-
Dowell rode along the lines and proclaimed that Gen'l Burgoine
the commander of the British Army had surrendered the Army
under his command as prisoners of war, and the troops were
discharged, and the said applicant reached home with other
men from Augusta County about the second week in December
1777 after an absence in the service of about two months and
three weeks — that he received no written discharge — that he
has no knowldge at this time of any person living by whom he
could prove this tour of duty.

That he was ordered out on a third tour of duty by Col.
Sampson Mathews, the commandant of the Augusta Militia


for the protection of the Western Frontier from the murders
of the Indians, that he rendezvoused at Staunton in the County
of Augusta & State of Virginia on the i6th day of April 1779
and was placed under the command of Capt. James Trimble of
the Augusta Militia, that applicant was appointed orderly ser-
geant of the company and in that capacity served during that
tour of duty, that they marched from Staunton to Tigers
Valley in he State of Virginia and from thence to the head
waters of Jackson's River in the State of Virginia, that after
his tour of duty which was for three months expired, he re-
turned home having received no written discharge nor is there
any person now living that he knows of whose testimony he is
able to procure to prove his service on this his third tour of

That he was ordered out as one of the militia of Augusta
County and rendezvoused at Rockfish Gap in the County of
Augusta for the purpose of guarding the prisoners taken at
the battle of the Cowpens by Gen'l Morgan, from Rockfish Gap
he marched as one of the guard of said prisoners to the County
of Shenandoah, and from thence returned home being absent
in the service about 15 days.

His fifth and last service in the war of the Revolution was as
an Ensign in the Militia of Augusta County. He rendivouzed
with the troops called into service from Augusta County at
Col. Easoms (now Waynesboro in the County of Augusta) on
the 6th day of June 1781 — and marched from thence as an En-
sign in Cap. Francis Long's Company and joined the troops
under the command of Gen'l Lafayette at Col. Dandridge's in

the County of , that he acted with the Army under

the command of Gen'l Lafayette, was in the battles of Hot

Online LibraryVirginia Historical SocietyThe Virginia magazine of history and biography (Volume 21) → online text (page 1 of 40)