The Virginia magazine of history and biography (Volume 21) online

high standard, the reviews in most cases, so far from being of a
perfimctory kind almost invariably supplementing the knowl-
edge of the author by additional information from the reviewer,
germane to the subject discussed. The same is true of the Ge-
nealogical section, which has kept up its long-established repu-
tation for rigid accuracy, while offering suggestive clues in
cases where absolute proof is lacking.

And now a word concerning the prospective plans of the Ed-
itor and our "Executive Committee"

As has been said above, it is now reasonably certain that the
Randolph Manuscript v/ill be finished during 1913, and it is
worth considering whether the whole of it (as presented in the
pages of the Magazine) shall not be offered to the public in
book-form at a moderate price. As regards the "Abstracts"
and Transcripts in full from the British Public Records Office,
already alluded to, it may be noted that our objective point in
this series (the year 1700) will probably not be reached until the
close of the coming year.

The first volume of the "Minutes of the Council and General
Court of Virginia (1622-24) will most probably be finished in
1913, and the presentation of the second volume in like consecu-
utive form demands careful consideration. It is to be borne in
mind that , in the earlier volumes of the Magazine, we have al-
ready printed every extract made years ago from this second
volume of Minutes by the late Conway Robinson , a profound
jurist, keen antiquarian and a most devoted member of this So-



XIV VIRGINIA HISTORICAL MAGAZINE.

ciety, but it is known to close historical students that his omis-
sions were not infrequent. As to how much he did omit, can only
be determined by the most minute collation. On this hinges
the whole question of reproducing this second volume in its con-
secutive entirety.

It may also be noted here that there are now in the Congres-
sional Library many luipublished doctunents relating to this
period, transcribed of recent years (by the trained staff of the
Library's copyists) from the originals in the British Public
Records Office. All of these we propose to publish with the
generous consent of the officials of that great Library. When
we shall have done this and finished the Randolph Manuscript
and the Minutes of the Council and General Court, together
with some few other dociunents, the Committee will have ac-
complished its ambition to make accessible in print to histori-
cal students the whole body of Seventeenth Century documents,
that bear an intimate and essential relation to Virginia history
of that time.

We expect to finish during the coming year the Revolutionary
Orderly Books, and to begin again in our April number the se-
ries dealing with Virginia Soldiers of the Revolution . For a
continuation of Revolutionary Pension Claims space will also be
found. As our readers must have observed, the history of the
services of Virginia troops during the Revolution has become a
special feature of the Magazine, and it is our purpose to extend
more and more its scope in this direction. For instance, the
series of Legislative Petitions and other documents dealing with
the earlier periods of the Revolution, as well as those bearing on
events immediately subsequent to that momentous struggle
which were necessarily suspended some few years ago, will soon
be recommenced.

Of course. Notes and Queries, Genealogies, Book-Reviews,
Gleanings, and other established departments will be continu-
ed.

The Magazine it may be said without immodesty, has long
since won, and still holds, its place among the foremost historical
quarterlies and journals pubHshed whether at home or abroad,
and your Committee ventures again to make grateful acknowl-



PROCEEDINGS. XV

edgment of the learning, industry, and consumate skill of its
editor, Mr. Wm. G. Stanard, whose name, despite his innate
modesty, is a "household word" to scholars and antiquarians
the world over.

Sister Societies.

The chief work of the "Association for the Preservation of
Virginia Antiquities," during the year 1912, has been the ex-
quisite restoration and appropriate refurnishing of the old
"John Marshall House. " No doubt, before this report is read,
it will be open to the public, who will wander with delight
through the simple, yet spacious mansion of "the great Chief
Justice, " whose refined home it was for so many happy years.

The "Colonial Dames of America in the State of Virginia"
have arranged to mark with appropriate tablets the birth-places
of Presidents of the United States, who were bom and reared in
our "Old Dominion."

Necrology.

Life Members.

J. C. Langhome, Salem, Va.

W. L. Sheppard, Richmond, Va.

Annual Members.

J. LiNwooD Antrim, Richmond, Va.

Mrs. Catherine Throckmorton Breeding, Philadelphia,
Pa.

Dr. G. C. Greenway, Hot Springs, Ark.

Adrian H. Joline, New York City.

Dr. Sterling Loving, Columbus, Ohio (died 1911)

James Martin, Philadelphia, Pa. (died 1911)

J. H. NoBLiT, Philadelphia, Pa. (died 1911)

Mrs. Eliza L. Potwin, Chicago, 111.

Ro. G. Rennolds, Richmond, Va.



XVI VIRGINIA HISTORICAL MAGAZINE.

James M. Rice, Peoria, 111.

John Vermillion, Norfolk, Va.

William Minor Woodward, Richmond, Va.

Over all of them, we breathe our simple, yet heart-felt requi-
escant.

All of which is respectfully submitted.

W. GORDON Mc CASE,

President.



On motion Vice-President Valentine was requested to take
the Chair and the thanks of the Society were returned to Presi-
dent McCabe for his report and his services to the Society.

Mr. W. G. Stanard stated that he desired to call the attention
of the Society to the valuable collection of unpublished papers
relating to the early history of Virginia, which are in the Li-
brary of Congress, especially the copies made by Miss Kingsbury
from the Ferrar papers. On motion the Corresponding Secretary
was directed, if the consent of the Librarian of Congress be ob-
tained, to have photostat copies made of a certain number of
these papers.

The attention of the meeting was called to a report that the
very valuable supplementary list of Virginia Revolutionary
Soldiers (containing about 18,000 names) which has been pre-
pared by the State Library might not be printed.

On motion it was imanimously resolved that Messrs McCabe
and Stanard be requested to call on the State Librarian or the
Governor of Virginia, and m-ge the publication at once of this
very important list, and the follov/ing resolutions, offered by
Mr. Morgan P. Robinson were also adopted, the measures pre
scribed in them to be taken if necessary.

WHEREAS, the Virginia State Library Report for 1911 con-
tained, as the report of the Department of Archives and History,
a List of Revolutionary Soldiers of Virginia, containing the names
of some thirty-six thousand (36,000) Virginians,'^ who partici-
pated in the Revolution; and



PROCEEDINGS. XVU

WHEREAS, the Report not only made no claim to even an
approximate completeness, but also anticipated a continuation
of this work through the publication of supplemental reports
from time to time, as additional data should become available;
and

WHEREAS, at the time of the preparation of this initial Re-
port, no access was permitted to the large mass of records on
file in the Adjutant General's Office in Washington; and

WHEREAS, by War Department Orders of March 26th,
1912, access is now permitted to these records, and in accor-
dance therewith the State Library has at much expense had
photostat copies made of several hundred muster-rolls of Vir-
ginia troops, from which copies, the Department of Archives
and History prepared a supplemental Report, containing some
eighteen thousand (18,000) additional names, which Report was
duly forwarded to the Superintendent of Public Printing as a
portion of the Annual Report of the Virginia State Library; and

WHEREAS, the Library Board has been at much expense in
compiling and preparing the said supplemental Report; and

WHEREAS, the status of Virginia's contribution to the Rev-
olution cannot be properly rated or evaluated imtil we have
complete information upon the subject, — and that in an easily
available form;
NOW, THEREFORE, BE IT RESOLVED,—

FIRST— That the said Society, — appreciating the great
value of this new and heretofore unavailable data and its ab-
solute necessity in any just interpretation of the State's par-
ticipation in the American Revolution, — does hereby respect-
fully request His Excellency the Governor of Virginia, to take
such steps as may be necessary to have this supplemental Re-
port printed in full, and thus preserve this important and not
otherwise available link in the history of the State of Virginia;

SECOND — That copies of these resolutions be sent to the
members of the Library Board and to the members of the Gen-
eral Assembly from the City of Richmond, and that copies be
given to the press, — all of whom are requested to co-operate
with the Virginia Historical Society to the end that the said
Report be printed in full ; and



XVin VIRGINIA HISTORICAL MAGAZINE.

THIRD — That a copy of these resolutions be sent to his
Excellency, the Governor, with the request that he do give them
his earnest consideration, and that he do take such steps as may
be necessary in the premises.

The next business was the election of officers and members of
the Board.

On motion a nominating committee was appointed. The
President appointed Messrs. J. H. Eckenrode and M. P. Robin-
son members of a Nominating Committee. They retired and on
returning recommended the re-election of all the officers and
members of the Board as follows;



President — W. Gordon McCabe.

Vice-Presidents, — Archer Anderson, Edward V. Valentine
and Lyon G. Tyler.

Corresponding Secretary and Librarian, — ^William G. Stanard.

Recording Secretary, — David C. Richardson.

Treasurer, — Robert A. Lancaster, Jr.



Executive Committee,— C. V. Meredith, C. W. Kent, W.
Meade Clark, A. C. Gordon, S. S. P. Patteson, S. H. Yonge,
William H. Pahner, Rt. Rev. A. M. Randolph, John Stewart
Bryan, Daniel Grinnan, J. P. McGuire, Jr., and William A.
Anderson.

There being no further business, on motion, the meeting ad-
journed.



THE



Virginia Magazine

OF

HISTORY AND BIOGRAPHY.

Vol. XXI. APRIL, 1913. No. 2



THE RANDOLPH MANUSCRIPT.



Virginia Seventeenth Century Records.



From the Original in the Collection of the Virginia Historical
Society



Commission and Instruction to the Eari of Orkney for the Gov-
ernment of Virginia.



(Continued)



20. And it having been further represented th&,t a Duty to
be raised upon Liquors Imported into our said Colony would
be the most easy Means that can be found out for the better
Support of that Government, You are therefore to recommend
to the Assembly the raising of such Impost & continuance of
the same, which you shall Permit them to Appropriate in such
Manner that it be apply 'd to the Uses of the Government and
to None Other whatsoever.



114 VIRGINIA HISTORICAL MAGAZINE

21. You are to take Care that in all Acts or Orders to be
Pass'd within that our Colony in any Case for Levying Money
or Imposing fines & Penalties express mention be made that the
Same is Granted or reserv'd to Us Our Heirs and Successors for
the Publick Uses of that Our Colony, and the Support of the
Government thereof, as by the said Act or Order Shall be di-
rected.

22. Whereas we have been inform 'd that during the late
War Intelligence has been had in France of the State of our
Plantations by letters from private Persons to their Corres-
pondents in great Britain taken on board Ships coming from
the Plantations and carry'd into France which may be of Dan-
gerous consequence OUR WILL & PLEASURE is that
you Signify to all Merchants Planters and Others that they be
very Cautious in time of War whenever that shall happen in
giving any Accoimt by Letters of the Publick State and Condi-
tion of our Colony & Dominion of Virginia, and You are further
to give directions to all Masters of Ships or Other Persons to
whom you may Intrust your Letters that they put Such Letters
into a Bagg, with Sxifficient Weight to Sink the Same immedia-
diately in Case of Iminent Danger from the Enemy, and you
are also to let the Merchants and Planters know how greatly
it is for their Interest that their Letters shou'd not fall into the
hands of the Enemy and therefore that they shou'd give the
like Orders to the Masters of Ships in relation to their Letters;
And you are further to advise all Masters of Ships that they do
Sink all Letters in Case of Danger in the Manner aforesaid.

23. And Whereas in the late War the Merchants and Plan-
ters in the West Indies did Correspond and Trade with the
French and Carry Intelligence to them to the great Prejudice
and Hazard of the British Plantations, You are therefore by
all Possible Methods to endeavour to hinder aU such Trade and
Correspondence with the French whose Strength in the West In-
dies gives very Just Apprehensions of the Mischiefs that may
ensue if the utmost Care be not taken to prevent them.

24. And Whereas Several Inconveniencies have Arisen to
Our Government in the Plantations by Gifts and Presents made
to our Governors by the General Assembly IT IS OUR EX-



THE RANDOLPH MANUSCRIPT. 116

PRESS WILL AND PLEASURE that neither you our Gov
emor Lieutenant Governor Commander in Chief or President
in the Coimcil of our Colony of Virginia for the time being do
give your or their Consent to the Passing any Law or Act for
any Gift or Present to be made to you or them by the Assembly
and that neither you nor they do receive any Gifts or Presents
from the Assembly or others on any Account; or in any Manner
whatsoever upon Pain of our highest displeasure and of being
recall'd from that our Government.

25. And we do further direct and require that this declara-
tion of our Royal Will and Pleasure be Communicated to the
Assembly at their first Meeting after your arrival in that Colony
and Enter'd in the Registers of our Coimcil and Assembly that
all Persons whom it may concern may govern themselves ac-
cordingly.

26. And Whereas we are Willing in the best Maimer to
provide for the Support of the Government in Virginia by Set-
ting a Part a Sufficient allowance to such as shall be our Lieu-
tenant Governor or Commander in Chief residing for the time
being within the Same OUR WILL AND PLEASURE THERE
FORE IS That when it shall happen that you shall absent
yourself from Our said Colony, one full Moiety of the Salary &
of all Perqmsites & Emoltmients whatsoever which wou'd other-
wise become due unto you shall during the time of your Absence
from the said Colony be paid and Satisfy'd unto Such Lieut.
Governor, or Commander in Chief or President of our Coimcil
who shall be resident upon the place for the time being, which
we do hereby Order and allot to him towards his Maintenance
and for the better Support of the Dignity of our Government.

27. And Whereas great Prejudice may happen to our Ser-
vice and to the security of that Colony by your Absence from
those Parts without Sufficient Cause & Especial Leave from us
for Prevention thereof You are not upon any Pretence whatso-
ever to come to Europe from your Government without having
first Obtain'd leave for so doing from us under Our Sign Manual
and Signet or by our Order in our Privy Council, Yet Neverthe-
less in Case of Sickness you may go to New York or any other
of our Neighbouring Plantations and there stay for such a Space



116 VIRGINIA HISTORICAL MAGAZINE.

of time as the recovery of your Health may absolutely require.

28. You are not to Permit any Clause whatsoever to be in-
serted in any Law for Levying Money or the Value of Money
whereby the same shall not be made lyable to be accotmted for
unto Us here in Great Britain and to our Commissioners of our
Treasury or Our High Treasurer for the time being.

29. And We do particularly require and Enjoin you upon
Pain of OvLT Highest displeasure to take care that fair Books of
Accounts of all Receipts and Payments of all such Money be
dvdy kept and the truth thereof Attested upon Oath, And that
the said Book be transmitted every half Year or Oftener to our
Commissioners of our Treasury or to o\ir high Treastu-er for the
time being and to our Commission'ers for Trade and Plantations
and Duplicates thereof by the next Conveyance in which Books
shall be Specify'd every Particular Sum rais'd or dispos'd of
together with the Names of the Persons to whom any Payment
shall be made to the End we may be Satisfy'd of the Right
and due Application of the Revenues of our Said Colony.

30. You are not to Suffer any Publick money whatsoever to
be issued or Dispos'd of otherways than by Warrant under
your hand by and with the Advice of ovlt said Council, But the
Assembly may nevertheless be permitted from time to time to
View & Examine the Accoimts of Money or Value of Money
dispos'd of by Vertue of Laws made by them, which you are to
Signify unto them as there shall be Occasion.

31 . AND IT LS OUR EXPRESS WILL AND PLEASURE
that no Law for raising any Imposition on Wines and other
Strong Liquors be made to Continue for less than one whole
Year as also that all other Laws whatsoever for the good Gov-
ernment and Support of the said Colony be made Indefinite and
without Limitation of time except the Same be for a Temporary
end and which shall expire and have its full Effect within a
Certain time.

32. AND THEREFORE you Shall not Re-Enact any Law
which hath or Shall have been once Enacted there Except upon
very Urgent Ocassions, but in no Case more than once without
our Express consent.



THE RANDOLPH MANUSCRIPT. 117

33. You shall take Care that an Act Pass'd here in the Sixth
Year of the Reign of her late Majesty Queen Anne for Ascer-
taining the Rates of foreign Coins in our Plantations in America
be daily observ'd and put in Execution.

34. And You are particularly not to pass any Law, or do any
Act, by Grant Settlement or Otherwise whereby our Revenue
may be lessen'd or Impair'd without our Especial leave or Com-
mand therein.

35. You shall take Care that the Members of the Assembly
be Elected only by Freeholders as being more agreeable to the
Custom of this Kingdom to which you are as near as may be to
Conform yourself.

36. You shall reduce the Salary of the Members of the As-
sembly to such a Moderate Proportion as may be no grievence to
the Cotmtry wherein Nevertheless you are to use your discre-
tion, so as no inconvenience may arise thereby.

37. Whereas an Act has been Pass'd in Virginia on 16 April
in the Year 1684 Entitled an Act for Altering the time of hold-
ing General Courts, You are to Propose to the Next Assembly
(if the Same be not already done) that a clause be added to the
said Act whereby it may be provided that the Power of Appoint-
ing Courts to be held at any time whatsoever remain in you
or the Commander in Chief of that our said Colony for the time
being.

38. You shall not remit any fines or forfeitures whatsoever
above the Stun of Ten Pounds, nor dispose of any Escheats
fines or forfeitures whatsoever until upon Signifying unto
our Commissioners of our Treasury, or Our high Treasurer
for the time being, and to oiu- Commissoners for Trade and
Plantations, the Nature of the Offence and the Occasion of such
fines forfeitures or Escheats with the Particular Sums or Value
thereof which you are to do with all Speed Until you shall have
receiv'd our Directions therein, But you may in the mean time
Suspend the Payment of the said Fines and Forfeitures.

39. You are to require the Secretary of our Said Colony or
his Deputy for the time being to furnish you with Transcripts
of all such Acts and Publick Orders as shall be made from time



118 VIRGINIA HISTORICAL MAGAZINE.

to time together with a Copy of the Journals of the Council to
the end the same transmitted Unto us, and to our Commission-
ers for Trade and Plantations as above directed, which he is
duly to perform upon Pain of incurring the Forfeiture of his
Place.

40. You are also to require from the Clerk of the Assembly
or other Proper Officer Transcripts of all the Journals and other
Proceedings of the said Assembly to the end the same may in
like manner be transmitted as aforesaid.

41. You are likewise to send a list of all Officers Employ 'd
under your Government together with all Publick Charges, and
an Account of the Present Revenue with the Probability of
the Increase or Diminution of it imder every head or Article
thereof.

42. You shall not displace any of the Judges, Justices, Sher-
ifs or other Officers or Ministers within our said Colony without
good and Sufficient cause to be Signified to us and to our Com-
missioners for Trade and Plantations.

43. And to prevent Arbitrary removals of Judges and Jus-
tices of the Peace You are not to express any Limitation of
time in the Commissions which you are to Grant (with the
Advice and Consent of our said Council) to Persons fit for
those Employments nor shall you Execute by yourself or
Deputy any of the said Offices nor Suffer any Person to Ex-
ecute more Offices than One by Deputy.

44. Whereas there are Several Offices within our said Col-
ony Granted imder our Great Seal of this Kingdom and that
our Service may be very much prejudiced by reason of the ab-
sence of the Patentees and by their Appointing Deputies not
fit to Officiate in their Stead You are therefore to Inspect the
said Offices and to Enquire into the Capacity and behaviour of
the Persons now Exercising them, and to Report thereupon to
us and to our Commissioners for Trade and Plantations what
you think fit to be done or Alter'd in relation theretmto, &
you are upon the Misbehaviour of any of the said Patentees or
their Deputies to Suspend them from the Execution of their
Places till you shall have represented the whole Matter and re-
ceive our Directions therein, and in Case of the Suspension of



THE RANDOLPH MANUSCRIPT. 119

any such Officer IT IS OUR EXPRESS WILL AND PLEAS-
URE that you take Care that the Person appointed to Execute
the Place during such Suspension do give Sufficient Security to
the Person Suspended to be answerable to him for the Pro-
fits accruing during such Suspension in Case we shall think
fit to restore him to his Place again But you shall not by Colour
of any Power or Authority hereby or Otherwise Granted or
mention'd to be Granted imto you take upon you to give Grant

Dispose of any Office or Place within our said Colony which
now is or shall be Granted under the Great Seal of Great Britain
any otherwise than that you may upon the Vacancy of any such
Place or Office or Suspension of any such Officer by you as
aforesaid put in any fit Person to Officiate in the Interval till
you shall have represented the Matter imto us and to our Com-
missioners for Trade and Plantations as aforesaid, which you
are to do by the first Opportunity and till the said Office or
Place be dispos'd of by Us, Our Heirs or Successors imder the
Great Seal of Great Britain, or that our further Directions be
given therein And OUR WILL AND PLEASURE is that you
do Countenance and give all due Encouragement to all our
Patent Officers in the Enjoyment of their Legal and Accustomed
Fees, Rights, Privileges, and Emolimients according to the true
Intent and meaning of their Patents.

45. Whereas We are above all things desirous that, all Our
Subjects may enjoy their Legal Rights and Properties You are
to take Especial Care that if any Person be Committed for
any Criminal Matters imless for Treason & Felony, plainly
and Especially expressed in the Warrant of Commitment
to have free Liberty to Petition by himself or otherwise
the Chief Barron or any one of the Judges of the Common
Pleas for a Writ of Habeas Corpus, which upon such
Application shall be granted and Served on the Provost
Marshall Goaler or other Officer having the Custody of such
Prisoner, or shall be left at the Goal or Place where the Prisoner
is confin'd and the said Provost Marshall or other Officer shall
within three days after such service on the Petitioners Paying
the Fees & Charges, and giving Security that he will not escape
by the way make return of the Writ and Prisoner before the



120 VIRGINIA HISTORICAL MAGAZINE.

Judge who granted out the said Writ and there Certify the
true Cause of the Imprisonment, and the said Baron or
Judge shall Discharge such Prisoner taking his Recognizance
and Sureties for his Appearance at the Court where the