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have become so familiar to historical students that all that need be said
is that the high standard of the preceding volumes has been maintained
in this. The prefaces are, as usual, valuable contributions to the history
of the period covered by the Journals.


Virginia Magazine



Vol. XXI. JULY, 1913. No. 3


Virginia Seventeenth Century Records

From the Original in the Collection of the Virginia Historical

Commissions and Instructions to the Earl of Orkney for the
Government of Virginia


52. Provided always that no Person be discharged out ot
Prison who stands Committed for Debt for any decree of Chan-
cery or any Legal proceedings of any Court of Record.

53. And for the preventing any Executions that may be made
upon Prisoners, You are to declare Our Pleasure that no Baron
or Judge shall receive for himself or Clerks for granting a Writ
of Habeas Corpus more than Two Shillings and Six Pence and
the lilce Sum for taking a Recognizance and that the Provost
Marshall shall not receive more than five Shillings for every


Commitment, One Shilling & three Pence for the Bond the
Prisoner is to Sign, One Shilling & three Pence for every Copy
of a Mittimus & one Shilling & three Pence for every Mile he
bringeth Back the Prisoner.

54. And further you are to Cause this our Royal Pleasure
hereby Signify'd to you to be made Publick & Register'd in
the Council Books of our said Colony.

55. And Whereas Commissions have been granted imto
Several Persons in our Respective Plantations in America for
the trying of Pirates in those Parts pursuant to the Act for the
more Effectual Suppression of Piracy and by a Commission sent
to our Colony of Virginia You as our Lieutenant and Governor
General of our said Colony are impower'd together with others
therein mention'd to proceed accordingly in Reference to Our
said Colony. Our Will and Pleasure is that in all Matters re-
lating to Pirates You govern yourselves according to the intent
of the Act and Commission aforemention'd. But as whereas
Accessories in Cases of Piracy beyond the Seas are by the said
Act left to be try'd in this Kingdom according to the Statute of
the twenty Eighth of King Henry the Eighth we do hereby fur-
ther direct and require you to send all such Accessories in Case
of Piracy in Our foresaid Colony into this Kingdom with the
Proper Evidences that you may have against them in Order
to their being Try'd here.

the future be sent as Prisoners to this Kingdom from our said
Colony and Dominion of Virginia without Sufficient Proof of
their Crimes, and that Proof transmitted along with the said

56. In Case any Goods Money or other Estate of Pirates or
Piratically taken or brought or found within our said Colony
of Virginia or taken on board any Ships or Vessels You are to
Cause the same to be Seiz'd and Secur'd until You shall have
given us an Account thereof and receiv'd our Pleasure Concern-
ing the Disposal of the Same. But in Case such Goods or any
Part of them are Perishable the Same shall be Publickly Sold
and Disposed of, and the Produce thereof in like Manner se-
cur'd until our further Order.


57. You shall not Erect any Court or Office of Judicatory not
before Erected or Established nor dissolve any Court or Office
already Erected or Established without our especial Order : But
in Regard we have been inform'd that there is a Want of a par-
ticular Court for determining of small Causes You are to recom-
mend it to the Assembly of our said Colony that a Law be pass'd
(if not already done) for the Constituting such Court or Courts
for the ease of our Subjects there, and you are from time to
time to transmit to our said Commissioners for Trade and Plan-
tations an Exact Account of what Causes have been determin'd
what shall be then Depending, as likewise an Abstract of all
proceedings of the Several Courts of Justice within our said

58. You are to Transmit to Us & to Our Commissioners for
Trade and Plantations with all convenient Speed a Particular
Account of all Establishments of Jirrisdictions Courts Offices
and Officers Powers Authorities Fees and Priviledges Granted or
Settled within our said Colony to the End you may receive our
farther Directions therein.

59. COMPLAINT having been made that the Members of
our said Council in all Matters of Civil Right where any of
them are Defendants claim a Priviledge of Exemption from the
Ordinary forms of Process by Writ, so that they cannot be ar-
rested, and that it being the Practice in all such Cases that the
Secretary Summon them to an Appearance by a Letter, either
C'omply with the Same or Neglect it at their own Pleasure by
which Means the Course of Justice is obstructed & the Plaintiffs
\\ho are not of the Council are left destitute of relief. You are
therefore to take Special Care that according to the Order made
in the said Council of Virginia the 27 March 1678 (by which the
Members thereof claim 'd the Aforesaid Priviledge) a Letter of
Summons to any of the said Councelors Sign'd either by your
self or by the Secretary of our said Colony be deem'd as binding
and as Strict in Law for their Appearance as a Writ and that
upon their Neglect to Comply with any such Summons (Except
only in time of General Assembly) they be liable to the Ordi-
nary forms of Common Process.


60. And you are with the Advice and Consent of our said
Council to take Especial Care to regulate all Salaries and Fees
belonging to Places or Paid upon Emergencies that they be
within the Bounds of moderation and that no Exaction be made
upon any Occasion whatsoever, as also that Tables of all Fees
be Publickly himg up in all Places where such Fees are to be
paid and you are to transmit Copies of all such Tables of Fees
to Us & to Our Commissioners for Trade and Plantations as

61. WHEREAS it is necessary that our Rights & Dues be
preserved and recover'd and that speedy and Effectual Justice
be administer'd in all Cases relating to our Revenue, You are to
take Care that a Covirt of Exchequer be call'd and do meet at
all such times as shall be needfull and You are upon your Arri-
val to inform us and our Commissioners for Trade & Planta-
tions whether Our Service may require that a constant Court of
Exchequer be Settled & Established there.

62. You are to take Care that no Man's Life Member free-
hold or Goods be taken away or harm'd in our said Colony
otherwise than by establish'd and known Laws, not repugnant
but as near as may be agreeable to the Laws of this Kingdom.

63. You shall administer or Cause to be administer'd the
Oaths appointed by Act of Parliament to be taken instead of
the Oaths of Allegiance and Supremacy, and the Oath Men-
tion'd in the foresaid Act 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, to the Mem-
bers and Officers of our Covmcil & Assembly and to all Judges
and Justices and aU other Persons that hold any Office or Place
of Trust or Profit in oiu- said Colony whether by Vertue of any
Patent under our Great Seal of this Kingdom or the Publick
Seal of Virginia or otherwise and you shall also Cause them to
make and Subscribe the aforesaid Declaration without the doing
of aU which you are not to admit any Person whatsoever into
any Publick Office, nor Suffer those that have been admitted
formerly to Continue therein.


64. You are to Permit a Liberty of Conscience to all Persons
except Papists, so they be contented with a quiet and peace-
able Enjoyment of the Same not giving Offence or Scandal to
the Government.

65. You shall send to us & our Commissioners for Trade and
Plantations by the Conveyance of our Ships of War, an Accotmt
of the present Number of Planters and Inhabitants — Men Wo-
men and Children as well Masters as Servants, Free and Unfree,
And of the Slaves in our said Colony as also a Yearly accoimt of
the Increase and decrease of them and how many of them are
fit to bear Arms in the Militia of our said Colony.

66. You shall also Cause an Exact Account to be kept of all
Persons bom Christened and Buried and you shall Yearly send
fair Abstracts thereof unto us and to Oiu" foresaid Commis-
sioners for Trade and Plantations.

67. You shall take Care that all Planters and Christian Ser-
vants be well and fitly provided with Arms, and that they be
listed imder good Officers and when and as often as shall be
thought fit Muster'd and Train'd whereby they may be in a bet-
ter readiness for the Defense of oiur said Colony and Dominion
under your Government, and you are to use your utmost En-
deavours that such Planters do each of them keep such Ntmibers
of White Servants as by Law Directed and that they appear in
Arms when thereunto required.

68. You are to take especial Care that neither the frequency
nor unreasonableness of the Marches Musters and Trainings be
an unnecessary Impediment to the Affairs of the Inhabitants.

69. And for the greater Secvuity of that Our Colony You
are to Appoint fit Officers and Commanders in the Several
Parts of the Country bordering upon the Indians who upon any
Invasion may raise Men and Arms to oppose them untill they
shall receive yoiu* directions therein.

70. You shall not upon any Occasion whatsoever Establish
or put in Execution any Articles of War or other Law Martial
upon any of Our Subjects Inhabitants of our said Colony of
Virginia without the advise and Consent of our Council there.


71. AND WHEREAS there is no Power given you by Our
Commission to Execute Martial Law in time of Peace upon
Soldiers in Pay and yet nevertheless it may be necessary that
some Care be taken for the keeping good Discipline amongst
those that we may at any time hereafter think fit to send into
our said Colony (which may properly be provided for by the
Legislative Power of the same) You are therefore to recommend
imto the General Assembly of our said Colony that (if not
already done) they Prepare such Act and Law for the Punishing
Mutiny Desertions and fake Musters, and for the better pre-
serving of good Discipline amongst the Said Soldiers as may best
Answer those ends.

72. AND WHEREAS together with other Powers of Vice
Admiralty You will Receive Authority from our Commissioners
for executing the Office of our high Admiral of great Britain
and of our Plantations upon the refusal or Neglect of any Cap-
tain or Commander of any of our Ships of War to Execute the
Written Order he shall receive from you for Our Service and the
Service of our Colony imder your Government, or upon his
Neglect & undue Execution thereof to suspend such Captain or
Commander from the Exercise of his said Office of Captain or
Commander and to committ into Safe Custody either on Board
his own Ship or elsewhere at Your Discretion in Order to his
being brought to Answer for such refusal or Neglect by Commis-
sion either imder Our great Seal of this Kingdom or from our
Commissioners for executing the Office of our high Admiral of
Great Britain for the time being And whereas you will likewise
receive directions from our said Commissioners for Executing
the Office of our high Admiral of Great Britain and of our Plan-
tations that the Captain or Commander so by you suspended
shall during such his Suspension and Commitment be succeeded
by such Commission or Warrant Officer of our said Ship ap-
pointed by our said Commissioners for Executing the Office of
our high Admiral of Great Britain for the time being as by the
known Practice and Discipline of our Navy does and ought next
to Succeed as in case of Death, Sickness or any other ordinary
disability happening to the Commander of any of our Ships of
War and not Otherwise You standing Accountable for the truth


and Importance of the Crime & Misdemeanor for which you shall
so proceed to the Suspending any such Captain or Commander
You are not to Exercise the said Power of Suspending any such
Captains or Commanders of our Ships of War otherwise than by
Vertue of such Commission or Authority from our said Commis-
sioners for executing the Office of our high Admiral of Great
Britain any former Custom or usage Notwithstanding.

73. You are to demand an Account from all Persons con-
cem'd of the Arms Ammunition and Stores sent to our said
Colony from our Office of Ordnance here as likewise what other
Arms Ammunition and Stores have been bought with the Pub-
lick Money for the Service of our said Colony and how the Same
have been employ'd, and whether any of them and how many of
them have been sold, Spent, Lost, Decay'd or dispos'd of and
to whom and to what use and to transmit the said Account to
Us and to our Commissioners for Trade and Plantations afore-

74. You shall take an Inventory of all Arms Ammunition
and Stores remaining in any of out Magazines or Garrisons in
our Colony imder your Government, and immediately after
your Arrival to transmit the same unto Us and to our Commis-
sioners for Trade and Plantations and the like Inventory after-
wards half Yearly, as also a Duplicate thereof to our Master
General or Principal Officers of our Ordnance, which Accounts
are to express the Particulars of Ordnance Carriages, iPowder,
Balls, and all other Sorts of Arms and Ammunition in our Pub-
lick Stores at your said Arrival, and so from time to time of what
shall be sent you or bought v\4th the Publick Money and to
specify the time of the disposal and the Occasion thereof.

75. You are to take especial Care that fit Storehouses be
Settled throughout our said Colony for receiving and keeping of
Arms Ammunition and Publick Stores.

76. You shall cause a Survey to be made of all the Consider-
able landing Places and Harbours in our said Colony, and with
the Advice of our Council there Erect in any of them such
Fortifications as shall be necessary for the Security and Advan-
tage of that Colony which shall be done at the Publick Charges


of the Country, in which we doubt not of the Chearfull concur-
rence of the Inhabitants, thereunto from the common Security
and benefit they will receive thereby.

77. OUR WILL AND PLEASURE IS that aU Servants
that shall come to be Transported to Our Colbny of Virginia
shall serve their respective Masters for the Terms prescrib'd by
the Laws of our said Colony, and the said Servants shall at the
end of the said Term have 50 Acres of Land Assign 'd and set
out to every of them respectively to Have and to Hold to them
and every of them their Heirs and Assigns for ever imder the
Rules and Duties usually Paid and reserved.

78. AND WHEREAS it has been represented that the
Grant of King James the first heretofore made to that our Colony
to Exempt the Planters from paying Quitrents for the first Seven
Years did turn to the great Prejudice of the same and that many
took Occasion thereby to take and Create to themselves a
Title of such Quantitys of Land which they never intended to
or in truth cou'd Occupy or Cultivate but thereby only kept out
others who would have Planted and manured the Same, and King
Charles the Second having therefore by his Instructions given
to Sir W". Berkly revok'd all such Grants as contrary to the
Intention of the said King James the first and to the good of
our Subjects there We do likewise give the same directions unto
you, that if any Such Grants Shou'd be still Insisted on the
same be look'd on and taken to be void and of None Effect
And you are likewise to restrain the imlimited practice of
taking more Lands than can reasonably be Cultivated and to
regulate aU Abuses therein.

79. You shall with the Advice of Our Cotmcil there take
Care to appoint Men fitly Qualify'd to be Stu-veyors throughout
all the Several Districts of Our said Colony, and that they be
sworn to make true and exact Surveys of all Lands requir'd to
be set out according to the best of their Skill.

80. You shall likewise take Care that a General Survey be
made of all the said Colony and Dominion, and of each County
in it, and that an Exact Map or Maps be thereupon drawn, and
Transmitted to Us and to our foresaid Commissioners for Trade
and Plantations.


81 . And You are further to take Care that an Exact Account
be forthwith drawn of all Arrears of Quitrents due unto Us ex-
pressing from what Persons, for what Quantity of Land, and for
what time those Arrears are due, and likewise an Account Spe-
cifying what Particular Persons throughout all our said Colony
are possess'd above 20,000 Acres of Land a Piece, by what Titles
they hold the said Lands, and how much each of them is possess'd
of above that Quantity. Both which Accotints you are without
Delay to transmit to Us and to Our Commissioners for Trade
and Plantations.

82. WHEREAS it was represented to her Late Majesty by
the President and Coimcil of our said Colony that the Method
of Granting Lands as directed by the Instructions given to
Robert Himter Esq' bearing Date at St. James's the 30th of
April 1707 is not agreeable to the Laws Constitution and Prac-
tice of our said Colony. OUR WILL AND PLEASURE
THEREFORE IS That for the future the Method of Granting
of Land be in such form and Manner, and imder the like Con-
ditions Covenants and Reservations of Qtiitrent as are by the
Charter and Laws of that our Colony allow'd and Directed to
be made and as were permitted to be made before the In-
structions given to Robert Hunter Esq' as aforesaid, PRO-
VIDED due care be taken that in all such Grants hereafter to
be made regard be had to the profitable and unprofitable
Acres, and particularly that every Patentee be obliged in the
best and most Effectual Manner to Cultivate & Improve three
Acres part of every fifty Acres so granted within the term of
three Years after the Passing of such Grant and in Case of fail-
ure thereof such Grant or Grants to be void and of None Effect.

(To be Continued)


VIRGINIA IN 1676-77.

Bacon's Rebellion*

(Abstracts by W. N. Sainsbury, and copies in the McDonald and
De Jamette Papers, Virginia State Library.)


Account of Tobacco Import

June, 1676
The public account of the Impost of 2s per hogshead upon
tobacco exported from Virginia. — that is the Dr. accoimt being
the payments made thereof to the Governor of the Colony and
other Officers for Salaries &c. Total £2377 .6 .5. Copy Cer-
tified by Robert Beverley.
(Colonial Papers. 2 pp.)
Another copy is entered in Col. Entry Bk. No. 80. pp. 168-171.

Ship's Invoice

July 20, 1676
Invoice of Goods and Servants aboard the Richard and
Elizabeth, Nicholas Pym, Master, for Virginia for the accoimt
of [Alderman] Richard Booth and Samuel Story of Sam:
Claphamson, William Hunt and William Paggen.
(Colonial Papers. 7. pp.)

*-Much valuable material for the history of Bacon's Rebellion has
already been published in this Magazine. For a list of these and other
published documents on this subject see the Appendix to "The Story of
Bacon's Rebellion." (New York, 1907).

VIRGINIA IN 1676-1677. 235

July-Aug., 1676
Warrants from Colonel Thomas Ballard* for pressing



The several warrants bear date July 6, July 10, and August 25,
1676 which was near a month after Sir William Berkeley left
his house. Young was hanged for executing these warrants
and commanding the Company which he was compelled to by
Colonel Ballard, Colonel of the Coimty.

(Colonial Papers. 4. pp.)

King's Letter to ye Duke of York about Nathaniel Bacon

Charles R,

Most dear, and most entirely beloved brother, We greet you
well; It is not unknown to you that Nathaniel Bacon the
Younger, hath made himself the head & leader of a rebellion
in Our Colony of Virginia, highly to the Dishonour of Our royal
Authority and no less to the Detriment of Our good subjects in
that Colony besides the danger of the Example which, if not
suppressed and punished, may spread its infection into the
neighboring plantations; For prevention whereof & in Order
to the due chastisement of the Authors and abettors of those
traitorous and pernicious proceedings in our said Colony of
Virginia, We have thought fit to signify our pleasure imto you
that if the Said Nathaniel Bacon or any of his Accomplices or
abettors in that Rebellion, shall, for their safety or otherwise,
retreat or resort into Yo'' Colony and Territory of New York, or
into any part thereof, you cause them and every of them to be
forthwith seized & secured, and that immediate notice thereof
be then given to Our Governor or Deputy Governor of Virginia,

*-Thomas Ballard, of James City and York County, bom 1630, buried
March 24, 1689; for many years Clerk of York County. He was a Burgess
(or James City County, October, 1666-November, 1685; was appointed
member of Council, 1670, but was removed and became a member of the
House of Burgesses, of which he was speaker, 1680-82.


to the End such further course may be taken with them as the
law shall require in that case. So not doubting of Yo' Zeal and
Diligence in a matter so much conducing to the public peace
& the welfare of Our subjects, both in Virginia, and other Our
adjacent Colonys and Plantations. We bid you most heartily
farewell. Given &c. the last day of September 1676, in the
28th Year of Our reign.

To His Royal Highness the Duke of York, or Commander in
chief imder him of the Colony of New York in the West Indies.

By His Ma"" Comand

H. Coventry,
W. Davis.

King's Letter to Lord Baltimore about Nathaniel Bacon


Right truly and Well beloved We
greet you well, It is not unknown
Charles R. to you since it hath so long since

come to our knowledge, that Na-
thaniel Bacon the yoimger hath made himself the head and
leader of a rebellion in our Colony of Virginia, highly to the
dishonor of Our royal Authority and no less to the detriment
of our Good subjects in that Colony. And as we make no ques-
tion but that you detest and (as much as in you lyes) have
opposed and will oppose, such traitorous and pernicious pro-
ceedings. So we have thought fit, at this time, to signify Our
pleasure unto you and hereby to reqiiire you that if the said
Nath'l Bacon, or any of his Accomplices, in that rebellion, shall,
for their safety or otherwise, retreat or resort into your Colony
of Maryland, or into any part thereof, you cause them and every
of them to be forthwith seized and secured And then give im-
mediate notice thereof to Our Governor or Deputy Governor
of Virginia, to the End such further course may be taken with

VIRGINIA IN 1676-1677. 237

them as the law shall require in that case. So not doubting
of Yo'' Zeal and diligence in this Our Service, so much conducing
to the public peace and welfare of Our subjects, as well in Our
said Colony of Virginia as in that of Maryland. We bid you
heartily farewell. Given &c the last day of September 1676 in
the 28th Year of Our reign.

To our right trusty and wdbeloved. Charles Lord Baltimore
proprietor of Maryland in the West Indies, or the Comander in
Chief under him in that Colony.

By his Ma*'*« Comand

H. Coventry.

Petition of Merchants of London and Bristol

Petition of Merchants of London, Bristol, Plymouth
&c. importing tobacco and sugars from Virginia and other
Plantations to the King. Set forth the inequalities of the
duties paid in England and Ireland upon tobaccos imported
from Virginia and pray for relief.

[Indorsed by Williamson, 1676.]
(Colonial Papers. 2 pp.)

Papers Concerning Gregory Walklett

[End of 1676?]
"Entry of originall Papers concerning Gregory Walklett (*)
in Virginia." —

Only part of one letter to Walklett has however been entered
altho' there are many leaves left blank: — in reference to his

*-Af ter Bacon's death the remnant of his party was tinder command of
Joseph Ingram, with Gregory Walklett as second in command. They
soon surrendered to the Governor on condition that their lives be spared.
This was done, but by Act of Assembly they were forbidden to hold
any office in Virginia.


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