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

laying and imposicon upon Liquors for and towards the build-
ing the Capitoll and other PubHck uses and one Act of Assem-
bly made upon the said twenty seventh Day of Aprill Intituled
an Act for Laying an Imposicon upon servants and slaves Im-
ported into this Coimtry towards the building the Capitoll by
the advice of His Maj'ts Hon'ble Councill of State for this His
Colony and Dominion have appointed deputed and Impowered
and doe hereby appoint Depute and impower

to be Collector and Receiver of all the Rates
Duties and Impositions ariseing and groweing Due to His
Maj'ty in this the precinct or District of

within this His Maj'ts Colony and Dominion by Virtue of
the Said- Acts of Assembly or any of them to and for the Sev-
erall uses therein menconed and directed and I doe also com-
iconate and authorise the Said to putt

in execucon all lawfull powers and authorities for the better
manageing and Collecting the Said Duties in all things pro-
ceeding as the law directs, hereby willing and requireing all
and every His Maj'ts Officers and Ministers and all others
whom it may concern to be aiding and assisting to him in all
things as becometh, and I doe further grant unto the said

that he Shall enjoy the said Office dure-
ing pleasure Given under my hand and seal at James Citty
the day of in the Eleventh Year

of His Maj'ts Reign Annoq. Dm. 1699.

A Comicon for Gent to be Collect©

of ye Virginia Duties in



The Oath of a Collector.

I : A : B : of in the Colony of Virginia doe

solemnly Swear to doe my utmost that all matters and things
contained in an Act of Parliament made in England in the
twelfth yeare of the Reign of his late Maj'ty King Charles the
Second Intituled an Act for encouraging and encreasing of
Shipping and navigacon and one other Act made in the fifteenth



COUNCIL PAPERS. 167

Yeare of the Reign of the said King Charles the second In-
tituled an act for the Encouragm't of trade and one Act of par-
liam't made in the twenty second and third yeares of the Reign
of the said King Charles the second Intitutled an act to pre-
vent the planting Tobacco in England and regnlateing the
Plantacon Trade, and one Act of Parliam't made in the twenty
fifth yeare of the Reign of the said King Charles the Second
Intituled an act for the Enconragm't of the Green land and
Eastland trades and for the better Secureing of the plantacon
trade and one Act of Parliam't made in y'e seventh and eighth
yeares of His pr'sent Maj'ts Reign Intituled an act for the
preventing frauds and regulateing abuses in the Plantation
trade and also all other Acts which have been made for the
beter regulateing and secureing the Plantacon trade so far as
y'e same are now in force Shall be punctually and bona fide
observed according to the true intent and meaning thereof
soe far as appertaines to me the Collector of the said District.

Soe help me God.

(The Oath of the Navall Officer is the same as that of the
Collector Mutatis mutandis)



The Oath of the Collector of the Virginia Duties.

I : A : B : Collector of the Virginia Duties in the Precinct of
in the Colony of Virginia doe solemnly
Swear to doe my utmost that all the matters and things con-
tained in one Act of Assembly made at James Citty the eighth
day of June 1680 intituled an act for raising apublick Revenue
for the better support of the Govemtn't of this His Maj'ts
Colony of Virginia and one Act of Assembly made at James
City the tenth day of October 1693 Intituled an Act for lay-
ing on Imposition on skins and ffurr's for the better support
of the Colledge of William and Mary in Virginia And one act
of Assembly made at James Citty the twenty Seaventh day of
Aprill 1699 Intituled an Act for Lessening the Levy by the PoU



168 VIRGINIA HISTORICAL MAGAZINE.

and laying an Imposicon upon liquor's for and towards the build-
ing the Capittoll and other publick uses and one Act of Assem-
bly made at James Citty upon the said twenty seaventh day of
Aprill, Intituled an Act for laying an Imposition on Servants
and Slaves imported into this Country towards the building
the Capitoll and also all other Acts of Assembly which have
been made, and are now in force relateing to trade shall be
punctually and bona fide observed according to the true in-
tent and meaning thereof as far as appertains to me the Col-
lector of the Virginia Duties, within the District aforesaid.

Soe help me God.



Orders IN Regard to Pirates.

Whitehall, 25. September, 1697.
Sir

His Majesty having taken into Consideration how much it
concerns the good of his Subjects, and y'e security of Trade,
that all Pyrates and Sea Rovers should be supprest, who are
observed to have very much Encreased of late in their ntun-
bers and to have done great damages as well to his Majesty's
Subjects as to y'e Subjects of other princes and States in amity
with his Majesty, and there being ground to beleive, that they
have been encouraged to this boldness by the easy admittance
they have found into his Majesty es Colony es and Plantations
in America where some of them have been protected, or were
not Enquired after as ought to have been done in order to
bringing them to pimishment His Majesty has commanded
me to signify his express pleasiu-e to the respective Govemours
of the Colonyes aforesaid, that they use their utmost Diligence
and strictly enjoyne the same to all officers under their Com-
mand, that due care be taken within the limits of their severall
Jurisdictions, To Arrest, seize, and secure the Ships, Persons
and Effects of all such Pyrates and Sea Rovers as also that a
true and Exact Inventory be made of all Money Plate Jewells
Goods or other Effects whatsoever brought in by, or any way
belonging to the said Pyrates the same to be signed and attested



COUNCIL PAPERS. 10»

by proper Officers and that an account thereof, and of your
proceedings herein, be by the first oppertunity transmitted
to his Majesty by the hands of one of his Principall Secretary's
of State, to the end, that such further direccons may be sent
you as his Majesty shall think necessary; All which you are
therefore carefully to observe, and in each particular conform
yourself to his Majestyes pleasure accordingly I am
Sir

Yoiu- most himible Servant

Shrewsbury

To his Excellency Francis Nicholson Esq'r Govemour of Mary-
land or in his absence to y'e Govemotu: for y'e time being in
Maryland.



Instructions in Regard to Martial Law.

Additional Instructions for our Trusty
and wellbeloved Francis Nicholson Esq'r.
Our Lieutenant and Govemour Gen-
eral! of Our Colony and Dominion of
William R. Virginia in America. Given at our

Court at Kensington the 31st Day of
(L. S.) May 1699. In the Eleaventh Year of

our Reign.
Whereas by a Clause in your Commision for the Government
of our Colony & Dominion of Virginia, there is a power vested
in you to execute Martiall Law in time of Invasion Lisurrection
or Warr, as also upon Soldiers in Pay, which implies a Power of
Executing such Martiall Law upon Soldiers in Pay even in
time of Peace, and whereas upon consideracon of y'e present
time of Peace, We have thought fit that the foremenconed
Words, as also upon Soldiers in Pay, be omitted in the like
Commissions; Yet nevertheless it being necessary that care be
taken for the keeping of good discipline amongst the soldiers
in Pay that are now in any of our Plantacons or that we may
at any time hereafter send thither which may be provided for



170 VIRGINIA HISTORICAL MAGAZINE.

by y'e Legislative power in each of our said Plantacons re-
spectively OUR WILL AND PLEASURE THEREFORE IS,
that you FORBEAR in time of Peace to put the power conferred
upon you by the foremenconed Words also upon Soldiers in
Pay, in Execution : And that you recomend unto the Generall
Assembly of our said Colony at such time as you shall find
necessary The passing of such Act for the punishing of Mutiny
Desertion and false Musters, and for the better preserving of
good dicipline amongst Soldiers in pay as may best answer
those ends.

By His Majesty's Command
Ja: Vernon.



Order in Regard to Scotch Vessels in the West Indies.
(The Darien Settlement.)

Duplicate Whitehall 2d Janry 169^-99

Sir

His Maj'ty having received Advice from y'e Island of Jamaica
that severall Ships of force fitted out in Scotland were arrived
at y'e Island of S't Thomas, (with an Intencon as they Declared)
to settle themselves in some parts' of AMERICA their design being
tmknown to his Maj'ty least y'e same should derogate from
y'e treaties his Maj'ty have entered into with y'e Crown of
Spain or be otherwise prejudiciall to any of his Maj 'ts Colon yes
in y'e west Indies: his Maj'ty Comands me to signify his Pleas-
ure to you, that you strictly enjoyn all his Maj'ts Subjects
or others inhabiting within y'e districts of your Govemm't
that they forbear holding any correspondence with, or giv-
ing any assistance to any of y'e said p'sns, while they are en-
gaged in y'e fores'd enterprize; & that no provisions, armes,
amunicon or other necessarys whatsoever be carryed to them
from thence, or be pmitted to be carryed either in their own
Vessells or other Ships or Vessells for their use; his Maj'ty
requires that you do not fail herein, but take particular care



COUNCIL PAPERS. 171

that ye above menconed direccons be duly observed, and that
you send hither an account of your proceedings in ye execucon
of these his Commands. I am

Sir

Your most humble Servant

Ja: Vernon.

Whitehall. 18th June 1699.
Sir

I signifyed to You his Maj'ts Pleasure in January last con-
cerning y'e scots who had undertaken an Expedicon to the West
Indies, the place not being then known in which they designed
to settle and his Maj'ty being since informed that they have
taken possession of y'e Bay of Caerat near y'e Bay of Darien
between Cartagena & Porto Bello and are fortifying themselves
there, seeming resolved to maintain it by force against the
Spaniards: His Maj'ty Considering this attempt as a violacon
of the Treaty's subsisting between his Maj'ty and the Crown
of Spain, Comands me to acquaint you that he expects his for-
mer orders shotild be strictly observed, a Duplicate whereof
is therefore inclosed I suppose uopn the receipt of the first
Letter You have given all necessary Directions that no Cor-
respondence should be kept with ye said Scotch Colony and
that no provisions, Ammunition or other assistance should be
fumisht them, or be suffered to be conveighed to them, from any
part of your Government, His Maj'ty would have y'e same
care continued, so as y'e said orders may in all particulars be
fully obeyed and put in execucon.

I am

Sir

Yotu- most humble Servant,

Ja: Vernon.
To

Francis Nicholson Esq'r His Maj'ts Lieutenant and Govemour
Generall of

Virginia

in
Ja: Vernon America.



172 virginia historical magazine.

Privy Council to the Governor of Virginia.

Whitehall June the 26th 1699.
Sir

His Majesty having been pleased by some late orders in
Councill to regulate certain matters relating to his Plantations
in America, and to require us to signify his pleasure therein
to the respective Govemours of his said plantacons and do
.what may be thereupon further necessary.

You are to take notice, that his Majesty upon taking into
Consideracon the Inconveniencies arising from the Execution
of Patent places by Deputies either unqualifyed or too much
inclined by the high Rents they pay unto Patentees, to make
indirect advantages of their respective Places, has thought fit
to order that all the Patent Officers within the plantacons be
obliged by their patents or otherwise to actuall Residence upon
the place, and to execute their respective offices in their own
persons imless in case of sickness or other Incapacity. And
therefore in order to the better observacon of his Majesty s
pleasure in this particular, we think it necessary that you trans-
mit unto Us by the first opportunity a full and perfect accoimt
of all the patent offices within yotir Government with the
particular tenour and Condicon of each respective Grant and
how those conditions are complied with in the Execution of
the same: Which we shall accordingly expect.

You are also to take notice that his Majesty has been pleas'd
to Direct concerning t he Ships of War which are or may be ap-
pointed to attend any of his Plantacons that especiall care be
taken that they be good Sailors; That they be annually relieved
by others; That the Commanders thereof be strictly required
to observe the Laws of the Plantacons relating to the Departure
or Transportacon of the Inhabitants, and not to carry off any
Inhabitants from the said Plantacons contrary to the Laws
provided in each Plantacon respectively: And that they do
not leave their stations in any of the Plantacons without the
previous knowledge of the respective Govemours of the said
Plantacons and a due regard to his Maj'ts Service in those
parts. Concerning all which matters in your Govemm't, to-



COUNCIL PAPERS. 173

gether with whatever else has been formerly signifyed unto
you relating to his Maj'ts Ships of War there, We think it
likewise necessary that you give us from time to time an exact
account.

We have this to add in Particular relating to the Colony of
Virginia that the Ship ordered by his Maj'ty for the Service
there is to be of the sixth Rate.

And whereas great complaints are frequently made of the
Mischeifs committed by Pyrates in remote parts, and of the
support and encouragem't which they still find in his Maj'ts
Plantacons in America notwithstanding the repeated directions
that have been given to the respective Govern 'rs thereof to
take all possible care for the preventing of such ill practices
we cannot but thereupon mind you to use & continue your
utmost diligence in discovering, suppressing and punishing all
offenders & offences of that kind whatsoever within your Gov-
emm't; And to that intent we more particularly recomend to
your care that strict inquiry be made after the ship & men
described in the enclosed paper, and that such of them as can
be found, be punished with the utmost severity of Law and
the ship and cargo secured for those to whom they do belong.
So we bid you heartily farewell.

Yoiu" very Loving Friends
Stamford
Lexington
Ph: Meadows
John Locke
Abr: Hill



Board of Trade to the Governor of Virginia.

Whitehall June the 28^^ 1699.

Sir
We have received your Letters of the 4**' and 27*'' of Febru-
ary last with the severall Papers therein menconed, And as we



174 VIRGINIA HISTORICAL MAGAZINE.

have been alway's satisfied with the exact method of your ad-
vices, and are so with the account you have now given us of
your proceedings as well In leaving the Government of Mary-
land, as since your Entrance upon the Government of Virginia,
we desire you to continue the same punctual! advice upon all
occasions, with Assurance that we will not be wanting in any-
thing that lyes in us to second yotir Endeavours in promoting
his Majesty's Service and the Interest of the Colony Comitted
to your Charge.

There is a Clause in your Instructions relating to the repealing
of an Act past in the Generall Assembly there in 1680 about
Attorneys, which having been given in the same manner to
former Govemours, we desire you to inform us particularly how
that matter at present stands.

You will observe by a Clause in your Instructions relating
to the building of a house for your self and other successive
Govemour of that Colony to Hve in that it is thought necessary
such a house be built, and that his Maj*^ does not think fitt to
continue the former allowance of a Hundred and fifty pounds
P An. to Govemours for hous rent. Therefore we expect to hear
of your Endeavours to promote that work, and your report
thereupon according to the tenour of that Clause.

The Revisall of the laws of that Colony is also a thing esteemed
to be highly necessary towards the affecting which S'' Edmund
Andros advised us some while since of the Endeavours he had
used and of the Difficulties that occurred therein, chiefly through
a disagreement between the Councill and Assembly. Where-
fore the same thing being again recomended to your care by
your Instructions as we doubt not of your Endeavours therein
we shall be glad to hear that the prove effectuall for the accom-
plishing of so usefull a Work.

There are many other things in yoiu* Instructions somewhat
different from those which have been given to former Govemours
which have bin thought for his Maj*^ service & y'' wellfare of
that Colony And therefore tho' we doubt not of your Care in all,
yet we desire more particularly an account of your proceedings



COUNCIL PAPERS.



175



in those of that kind and how you find them suited to the pres-
ent state of that Colony. So we bid you heartily Farewell.
Your loving Friends.
Stamford
Lexington
Ph. Meadows
John Locke
Abr. Hill



Auditor Byrd's Account OF Import and Export Duties, 1699.



974


. 13


502


.. 06


176


.. 19


41


.. 2


9


.. 8


10


b


4


.. 7..



3^



Virg'a ss William Byrd Aud"" to his Maj*'«« 1699 Rev-

enue of Two shillings for Every H*^^ of Tobacco Exported out
of this Colony of Virg'a and 15*^ P Tun for every Ship trading
There and Sixpence p' pole for every P son imported into this
Colony for halfe a Year Ending the twenty fourth of December
inclusive

is D'
June 24 Li s d

To Ball*=* due from this Accomptant 1

to his Maj^y j

To Col'o Rich'i Lee CoU'ctr of Poto- ^
mack District his Accoimt of
Two Shillings P H'^'^ Comitted

Last Acco''

To his Acco* of port Duty's and Head

Money

To Col'o Scarburgh his Acco* of the
Eastern Shore district Two

Shillings P H''<= ._...

To his Acco* port Duty's and Head

Money _ 9

To Col'o Hill Collect' of the Upper-
District of James River his Ac-
count of Two Shillings P H''^....
To his Acco* of port Duty's and Head
Money



m



176



VIRGINIA HISTORICAL MAGAZINE.



Col'o Edm Jenings Collect' of Yorke
River his Acco* of Two Shill-
ings P H'^^ -

To his Accotint of port Dutyes and ^
Head Money — J

To Ralph Wormely Esq' Collect' of
Rappahanocke district his Ac-
co* of two Shillings P H'^^

To his Account of port Duty's & head \
Money j

To M' Peter Hayman Collect' of the 1
Low' dstrict of James River his >
Acco* of two Shillings P H^^*.... J

To his Acco* of port Duties and head ^
Money j



24.



73.



27



107.



27.



^1986.



Contra Creditor



By paid his Excellency for six Mon —
eths Salary Ending the Twenty-
fourth of Decemb' 1699 by or-
der of his Excellency

By paid his Excell^^ Six Moneths
House rent Ending the same
time by Order as before

By paid the Hon'ble W'" Blathwayt
Esq' his Maj*' Aud' &c a Six
moneths Salary ending the 24*''
Xb' 1699 by order before.

By paid M'- Benj'a Harrison Clke of
the CounciU six moneths Sal-
ary Ending the same time by
order as before

By paid Bartholomew ffowler Esq' his
Maj*^ Attorney Gen'll six mon-
eths Salary ending the same
time time by order as before



Li



1000.



76.



J 50.



25.



20.



18

12

12 2

5 6

10

13 3

13 9

s d

•



e

00 00

00 00



COUNCIL PAPERS.



177



By paid the Solicit' of Virg'a affairs six
moneths Salary ending the same
time by order as before

By paid Edward Ross Gunner of the
fort at James City six moneths
Salary ending the same time by
order as before _

By paid M'' Benj'a Harrison Gierke of
the Gouncill for y® Ministers
Last Gen '11 Court and for Mes-
sages and other Extraordinary
Charges of the Government by
order as before

By the Collectors Salary of ^1012..00
05<^ at 10 P Cent

By the Auditors Salary of ^910..16
4^ at 73^ P Cent.___



50



00 00



00 00



29.

101.

68.



•^1424.



00 9

4 01^

6 2

10 11^



So that there remains due to his Maj ^^ ''
from this Accomptant the Sume
of five hundred Sixty Two
pounds Two Shillings and nine
pence half permy to Ball 'a this
Account



562.



-9>^



^1986.



13



Memorand. The Gent of his Maj*' Hon'ble Councill were
paid their Salary's but till the 27*'^ of Aprill Last as P last ac-
count sent will appear, so that in Aprill next they will have
the whole years Salary due to them. Viz* ^350 Sterl.



178 virginia historical magazine.

Board of Trade to the Governor of Virginia

Whitehall November the 30*'^ 1699
Sir

We shall ere long give you a particular answer to your Letter
of the 1'* of July last. But in y" mean while a Letter from his
Maj*^ relating to pyrates (tho' it be not y* main thing intended
on that Subject) lying in our hands and an Opportunity offer-
ing of sending it by D' Bray who is going for Maryland and will
take care to transmit it to you by some safe Conveyance, We
would not omit to send it accordingly here inclosed. So we
bid you heartily Farewell.

Your very Loving Friends
Stanford
Ph : Meadowes
William Blathwayt
John Pollexfen

For His Maj*^ Especiall Service

For The Hon'ble Francis Nicholson Esq' Lieutenant and
Governor General of His Maj*' Colony and Dominion of Vir-
ginia in America, Or to the Commander in Chief of that Prov-
ince for the time being.

Virginia.



Proclamation in Regard to Pirates

William R.

Trusty and Welbeloved. We Greet you well

Whereas in y^ frequent Resort of Pyrates to several of our
Plantations in America it may sonetimes happen that you may
have intelligence of some of them keeping upon their Guard or
at a distance by Sea or Land either within or in the Neighbour-
hood of our Colony and Dominion of Virginia committed to
your Charge so that it may be dificult for you to seize them
either by surprize or force in such cases therefore (as opportu-
nities may offer) you are to insinuate to them by Letters, Mes-



COUNCIL PAPERS. 179

sengers or otherwise in the best manner You can that those who
shall be forwardest to surrender themselves and most ingenious
in their Confessions will have the surest groimds to hope for
our Mercy.

And Whereas We have been informed from Severall of Our
said plantations that divers persons committed for Pyracy have
through the Neglect or Willfull Connivance of the Goalers
escaped out of the respective Goales to which they were so
committed which is a matter of such Consequence as deserves
to be strictly looked into We do hereby will and Require you
u pon any such occassion happening within our said Colony and
Dominion of Virginia to use your utmost endeavors that the
goalers and all {other persons concern 'd or assisting in that
Crime be punished for the Same with the utmost severity of the
Law or if the Law of our said Colony and Domimion of Vir-
ginia be defective in that point that you endeavor to get some
effectuall Act past there for preventing not only the like Mis-
chief, but in General the Escape of all Prisoners for the future.
Given at Our Court at Kensington the 10*'' day of November,
1699, In the Eleventh Year of Our Reign.

By his Majesties Command.

To Oiu- Trusty and well beloved Francis Nicholson Esq' Our
Lieutenant Govemour and Comander in Cheif of Our Colony
and Dominion of Virginia in America.

And to Our Chief Govemour or Governours there for the time
being.



Proclamation in Regard to Pirates

William R.

Trusty and well Beloved wee greet you well.

Whereas we have been informed that Severall Pirates have
been lately Seized in our Plantations in America and it being
Necessary that due Care be taken for bringing them and all
others that May in Like Manner be Seized hereafter to Con-
dign Punishment wee do hereby will and require you to Send
hither in Safe Custody all Pirates who are or shall be in Prison



180 VIRGINIA HISTORICAL MAGAZINE.

in ovii Collony and Dominion of Virginia under yo' Govemm*
at the time of yo' Receiving this directions and also to send the
Wittnesses and other Evidences upon which the s<^ Pirates have
been Seized and w'=^ May be of any use towards thire Convic-
tion here that Soe they May be Tryed and Ptmished According
to Law, and in the Meanwhile to take Care that the goods and
Effects of the s*^ Pirates be Secured Soe that they May here-
after be disposed of as Shall be by Law determined

And for all other Pirates that May be Seized in our s*^ CoUony
of Virg'a for the future OUR will and Pleasure is that if you
Judge by the Circumstances of any Particular Case and by the
Laws in force and disposition of the People in our Said Collony
of Virginia that such Pirates may be more Speedyly and Effec-
tually Brought to Punishm* there then by Sending them
heither, you take Care in all Such Cases that they be Tryed