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such a House if not already done.

123. Our Will and Pleasure is, that you do take to your-
self as Governor Two Thousand Pounds Sterl. per Annum by
Quarterly Payments, and shall also Cause to be paid out of
the Revenues of our said Colony to the Councelors & other
Judges and Officers as well Civil as Military, and to the Mar-
shal, Clerk of the Assembly Gunner and Matrosses the Sev-
eral Salaries and allowances formerly paid, or such other reas-
onable Ones as you with Advice of Our Council there shall
think requisite a true Account whereof you shall from time to
time transmit unto the Commissioners of Our Treasury or Our
High Treasurer for the time being, and to Our Commissioners
for Trade and Plantations.

124. Provided always that you do not dispose of any Part
of our Quitrents, nor Suffer the same to be issued out upon any
Occasion untill upon your Certifying to us the Value of what
shall remain thereof from time to time in Our Treasury or be


due Unto Us we shall Order the Same to be dispos'd of as we
shall find Occasion for our Service.

125. And for the better improving the Value of Our Quit-
rents, You are to take Care they be not only duly Collected,
but they be Sold every Year Openly by Inch of Candle to the
highest Bidder in the respective Coimty Courts, and that due
Notice be given of the time and Place of any such intended
Sale in such Manner as may make it most Publickly known
to all People a Competent time before hand.

126. Whereas upon considering the Entries of our Custom
house here in this Kingdom with the Payment of the two Shill-
ings per Hogsh<^ on Tobacco, and other Duties and Impositions
due unto us in Virginia there has been certain Information
given of great Frauds and Abuses both in Payment thereof by
Masters of Ships and others, and in the Collection by Our Ofifi-
cers. You are to use all Lawfull Means for the Prevention there-
of and for the Improvement of our said Revenues. And where-
as such Abuses cannot be committed without apparent Neg-
ligence of the Collectors or their connivance with the said
Masters of Ships and other Persons, You are to take great
Care with the Advice of Our Council in appointing fit and duly
Qualify 'd Persons for the Collecting of those duties and the
like for the Employment of Naval Officers.

127. You shall not commit the Care of those different Em-
ployments to One and the same Person, nor any of them unto
Persons much concern 'd in Trade who may be apt thereby to be
byassed from their respective Duties, nor unto the Members
of our said Council.

128. You shall take Care that each of the Persons appointed
by you to the said Employments (as well Naval Officers as
Collectors) be sworn to Execute faithfully and diligently their
Respective Offices in their Own Persons and not by Deputies
imless in Cases of Absolute Necessity, and that those Deputies
be then likewise sworn to the faithfiill and diligent execution
of their respective Offices. And that each of the said Officers
or their Deputies be required accordingly to give their Attend-
ance at such certain times and Places as you with the Advice
of our said Council shall direct.


129. You are Strictly to charge and Command them and
every of them in our Name to be more carefull and diHgent for
the future, under Penalty of the forfeiture of our respective
Places by your putting others in their Stead on the first offence,
and of our highest displeasure, and you are from time to time
to give Us Out Commissioners of our Treasury or high Treas-
urer for the time being, and to Our Commissioners for Trade
and Plantations a Particular Account of your Proceedings
therein, and of the Duties and Impositions Collected and dis-
pos'd of pursuant to former directions in that behalf

130. And whereas Complaints have been made of Several
undue Practices in the Office of Secretary or Register of that
Colony by the Clerks or other Persons employ'd therein. You
are to make Inspection into what has been the State and Man-
agement of the said Office, and Report to Us and to Our Com-
missioners for Trade and Plantations how you find the Same,
together with your opinion by what Methods any former Mis-
managements may for the future be best Prevented and in the
meanwhile to take all possible care that the Records of the
said Office be well and faithfully kept, and in Order theretmto
that not only the Secretary or Register himself but his Clerks
also be under Oath for the due Execution of the trust repos'd
in them, and that they accordingly give Sufficient Security
for their faithful performance.

131. Whereas Our Council of Virginia has formerly made
Complaints that the Lord Baltimore hath insisted on a pre-
tended Right to the whole River of Potomack, which did very
much discourage the Merchants and Masters of Ships trading
to that our Colony, You are to Assert our Rights in those
Parts, & to take care that the Trade of our Subjects be not
disturb 'd by the said pretences, or any other whatsoever.

132. Whereas We have been pleas'd by our Commission
to direct that in Case of your Death or Absence from our said
Colony, & in Case there be at that time no Person upon the
Place Commission 'd or appointed by us to be our Lieutenant
Governor or Commander in Chief the Eldest Councellor whose
Name is first placed in our Instructions to you, and who shall
be at the time of your Death or Absence residing within our


said Colony and Dominion of Virginia, shall take upon him
the Administration of the Government and Execute our said
Commission and Instructions and the Several Powers and
Authorities therein contain'd, in the manner thereby directed.
It is nevertheless Our Express Will and Pleasure that in such
Case the said President shall forbear to pass any Acts but
what are Immediately necessary for the Peace and Welfare of
our said Colony 'vv'ithout our Particular Order for that Purpose.

VIRGINIA IN 1677. 359


(Abstracts by W. N. Sainsbury, and copies in the McDonald

and De Jamette Papers, Virginia State Library.)


Bacon's Rebellion.

Petition of Nicholas Prynn.

March 19, 1676-7.

Master of the Richard and EUzabeth of London, riding in
James River to the Commissioners for Virginia —

For restitution of goods to the value of £265 sterlg: con-
signed by Alderman Booth & owners of said ship to Wm. Himt
their factor in Virginia, but seized by Lt. Col. Edward Hill,
under pretence of a warrant from the Governor. With Deposi-
tion annexed & letter of Colonel Thos. Ballard about same

(Colonial Papers. 3 pp.)

The papers in the present instalment relate to the proceedings of the
Commissioners sent from England to suppress Bacon's Rebellion, and to
the quarrels with Governor Berkeley and the General Assembly, still
greatly under his influence. The Commissioners resided at Swann's
Point, the home of Col. Thomas Swann, on the south side of the river
near Jamestown. On one of their visits to Berkeley not long before he
sailed for England, they charged that they had been sent from Green
Spring, his residence, to the river bank in a coach driven by the Common
hangman. Governor and Lady Berkeley vehemently denied that they
had instigated this insult.

William Hartwell against whom several petitions were directed, was a
brother of Henry Hartwell, member of the Council, and was himself the
captain of Berkeley's body-guard during Bacon's Rebellion. He had
issue: (1) Henry, who died without issue; (2) William, who had an
only child, Mary, who married William Macon on Sept. 24, 1719; (3)
Mary, who married George Marable (high sheriff of James City Co.,
1695); (4) John, will proved in Surry Co., May 19, 1714, names his wife
Elizabeth (who afterwards married Stith Boiling, of Surry Co.), daughter
Elizabeth (who married Richard Cocke), Uncle Thomas Rogers, friend
Benjamin Howard, and cousins, John Drummond, George Marable, Jr,
and Henry Hartwell Marable.


Swann's Point, March 21, 1676-7.
The Commiss'" of Virginia to Gov. Berkeley. Having
complied with the Commission of Oyer and Terminer "that the
"Country might well perceive we come not in the least to
"countenance but to try and condemn criminals" but cannot
comply with his letter desiring their further sitting on the same
occasion without neglect of more immediate service of his Maj.
Beg him to be mindful of emergent matters that have long been
before him and are yet unanswered and that he will make it his
present care to make out a particular account in writing of all
seizures, compositions fines and forfeitures which by the late
Rebellion devolve to the Crown without any diminution con-
cealment or embezzlement, of all Criminals im.peached con-
victed sentenced & executed as well before as since our arrival
in Virginia whereof a strict account will be exacted at his return
to England. 3 pp. (Abstract)

(Col. Entry Bk. No. 81. pp 125-7.)

1676-7, March ? to follow 21st.
Mem: by Sam Wiseman (Clerk to the Commiss'""* for
Virginia). That no answer was returned to the preceding
letter, neither did Sir W. Berkeley vouchsafe any more letters
to the Commiss'"^ till the occasion of the scandalous postilion —
The Commiss'"^ seeing Sir W. Berkeley would not comply with
their request caused Wiseman to draw up a Commission directed
to Lieut. Col. George Jordan and Major Theophilus Hone to
empower them to inquire into the estates and forfeitures of
Delinquents, which during the late Rebellion devolved to the
Crown, which was accordingly done and an account upon oath
taken of the same. (Abstract)

(Col. Entry Bk. No. 81. pp 128-9.)

Swann's Point, March 22, 1676-7.
The Commissioners for Virginia to Watkins — Are
now upon preparing their intended despatch for England by
Capt. Grantham next week, but take this opportunity to give
this general advice : that the face of things is much amended
since their arrival and they hope by degrees this poor Country

VIRGINIA IN 1677. 361

will recover its former peace and prosperity. There is a general
submission of the whole Colony and a joyful resentment of his
Maj. royal favour & compassion. (Abstract)

(Col. Entry Bk. No. 81 pp. 130-1.)

Swann's Point, March 25, 1676-7.
Col. Fra. Moryson to Lady Berkeley — In favour of Jones
a poor condemned person whose ignorance chiefly led him from
his allegiance and whose loyalty first brought him hither for
refuge — Does not find he was a bloody malicious rebel but
seduced by the artifice of others — Doubts not she will intercede
with the Gov"" in behalf of this poor unfortunate \\Tetch. (Ab

(Col. Entry Bk. No. 81. pp 178-9.)

March 25, 1677.
Lady Berkeley to Col. Moryson — There needs only his
opinion in the case of Jones to make the Governor consent to
it and he may be pleased to assure Jones' friends that Jones shall
be pardoned. (Abstract)

(Col. Entry Bk. No. 81. pp. 180-1.)

Swann's Point, James River, March 27, 1677.
The Commiss" for Virginia to Secretary Coventry —
Altho' the Assembly have sat a whole month they have not pro-
ceeded to answer the joint letter of the Commiss" — Have sat
together on the Commission of Oyer & Terminer both at the
trial & condemnation of seven or eight of the most notorious
criminals and openly advised to have them executed in their
own respective Counties — nor have they been wanting by all
means to make the people rightly apprehensive of his Maj.
most transcendant acts of favour and indulgence to his oppressed
and seduced subjects, which have been generally received with
suitable impressions of joy — Good & timely effects of his Maj.
Proclamation and other gracious acts of Mercy & Pardon —
Bacon's death was not pretence enough to frustrate & stifle
this Proclamation or suspend the punishment of it, so long as
Lawrence a Colonel and grand accomplice of Bacon's, a most


stubborn desperate & resolved Rebel (with others fit to head a
new faction) is still out, but rather that Berkeley might impose
on the ignorant his own terms and conditions as nevertheless
he has endeavoured to do — They have been mistaken or de-
ceived in their former character of Berkeley: he has since
appeared much contrary to his first professions — While Berkeley
continues Governor upon the place, things will never be put
into that peaceable posture and happy composure desired & by
the Comm" endeav** for it is his only artifice to persuade the
people that Col. Jeffreys is but his Deputy and that he shall
next year return Governor again — The General Grievances
like to come within a very narrow compass — that of the Salary
at this time tmder the Assembly's consiiltation and redress;
the main Grievances chiefly concern Fort money & other public
accounts and levies of this Colony proper also for redress of the
Assembly — Complain of Berkeleys studied evasions & his
interrupting and diverting the course of their proceedings and
the ill effects ; also of his illegal and arbitrary proceedings as to
seizures of estates of persons not convicted of any crime : they
are ptirsued every day with petitions & complaints of this
nattue. They declared their opinion in open cotirt that the
Country might perceive they did not combine with or connive
at such unwarrantable practises — Have heard he hath com-
pounded several treasons &c. for hogsheads of tobacco, cattle
&c — Hope this candid relation may not be mistaken at home as
if there were any feuds or differences between them & the
Governor — The gaol is now almost clear, the Governor having
condemned some and pardoned and transported others. Com-
plain, as pernicious to his Maj. interest, the dispersing of copies
of the King's private additional Instructions — a rebel having
publicly produced & pleaded in open Court a copy, which the
Gov"" called God to witness he had never let go out of his hands
or trunk. Readiness of the Indians to enter into a firm peace
with the Indians which they hope a short time will accomplish —
It will not be long before the Assembly rise when they will send
by the Deptford Ketch a more ample account of their proceed-
ings. 16pp. (Abstract)

(Col. Entry Bk. No. 81. pp. 132-147.)

VIRGINIA IN 1677. 363

March 27, 1677.
Queries for the learned Counsel at law to resolve
(sent with the Commissioners letter of this date to Secretary-
Coventry) Whether a person dying before conviction, his
estate be forfeited to the King — Whether persons estates con-
demned & executed by Court Martial and not b}^ a legal Jury
of twelve men be forfeited — Whether any seizure be legally
executed before conviction or attainder — Whether the estates
of banished or transported persons be liable to seizure and for-
feiture. (Abstract)

(Col. Entry Bk. No. 81. pp. 147-148.)

Swann's Point, March 27, 1677.
The Commiss" for Virginia to Secretary Coventry —
The occasion of their coming and present residence here, no
house being within four or five miles, invites a constant resort
of people from all parts of the Country upon public business
whom they are forced to entertain at no small expense — Beg
he will lay this their pressure before his Maj. so that a limited
salary may not include an unlimited stay and expense. 3pp.

(Col. Entry Bk. No. 81. pp. 149-151.)

Swann's Point, James River, March 27, 1677.
Col. Herbert Jeffreys, Sir John Berry and Col. Francis
MoRYSON TO Secretary Sir Joseph Williamson — The Peoples
return to their obedience has been as general as their late dis-
loyal Revolt & had the Governor been as open handed as his
Maj. Acts of Mercy, the whole Country would now be composed
— Complaints against Gov. Berkeley for treating men as Delin-
quents before any due Attainder seizing their Estates and
marking their tobacco for his private use — How the Merchants
and Factors complain of their trade being retarded and their
ships being made Gaols for Rebels & Refugees without any
recompense. Have observed that those who call themselves
the loyal party are the only Chief Disturbers and Obstructors
of this calamitous Country, so that now nothing but a general
penal Act of Oblivion can make up these breaches. Advised


the hanging in chains in his own Country of one Arnold a hor-
rible resolved Rebel and Traitor — Have now no reason to fear
any new Mutiny, but have advised a stop to this rigid prosecu-
tion and the Assembly have also by Address voted the Governor
to forbear "and hold his hand from all future sanguinary pun-
ishments." (Abstract)

(Colonial Papers. 3pp.)

Swann's Point, March 27, 1677.
The Commissioners for Virginia to the Lord Treasurer
OF England — Send transcript of a joint letter to Sir W. Berke-
ley with his answer and copies of petitions relating to his Maj.
revenue which they thought it their duty to advertize him of,
referring him for further satisfaction to other letters which Mr.
Watkins will communicate to his Lordship. (Abstract)

(Col. Entry Bk. No. 8L pp. 186-7.)

Swann's Point, March 27, 1677.
CoL. Francis Moryson to Mr. Cooke — The Commiss"
doubt not but matters will be shortly composed to his Maj.
satisfaction if Sir W. Berkeley will please but with freedom to
permit his Maj. Acts of Grace to pass as his Maj. royally
intended them — To acquaint Sec Coventry how he has managed
that affair he left Moryson to acquaint the Country with : his
Royal Highness' promise that the two Patents shall be taken
in and vacated without any charge to the Country which he has
made known to the Assembly — His gratitude for being joined
with his worthy & generous fellow Commiss" a fitter person
than Jeffreys would not have been found to quel this Rebellion :
Sir John Berry of unbiassed principles, prudent conduct and
unwearied industry for the service — Protestations of his own
sincerity as an Agent and in his present character. The strait-
ness of his salary and fortune; desires Sec Coventry's exertions
in his behalf. 8pp. (Abstract.)

(Col. Entry Bk. No. 81. pp. 160-167.)

VIRGINIA IN 1677. 365

March 27, 1677.
Col. Herbert Jeffreys, Sir John Berry and Col. Francis
MoRYSON TO Thos. Watkins — Directions as to public papers
sent for Secretary Coventry and the Lord Treasurer. The
Country in a peaceable quiet condition; all that obstructs it,
is the Governor's abiding upon the place and the fierceness of
those who call themselves the Loyal Party, which are not many
and among them not twenty eminent sufferers in Estate — Their
rapacious insolence exasperates the other party and their
importunate sollicitations to try & condemn the guilty party
"which indeed is little less than the whole Country" — The
necessity of a general Act of Oblivion which the Assembly will
hardly be brought to without His Maj. express injunctions
compel, as in the case in England. The general grievances so
few and trivial that but for the Governors contrariety they see
no further occasion to stay a fortnight. Have been forced to
urge again and again their Instructions for retrenching the
Great Salary of the Assembly — now reduced to 120 lbs. per
diem, the very lowest allowance the Burgesses can support their
charges under. The estates of tobacco, cattle &c. carried off
by the Gov'. — Bland executed this day at James Town — Fines
imposed by the Governor, detested by Jeffreys & his Officers.

(Colonial Papers. 3pp.)

March 29, 1677.
Certificate of Governor Berkeley for the receipt of goods and
two servants consigned to Wm. Hunt in the Richard and Eliza-
beth, Capt. Nicholas Pryn, according to a BiU of Lading an-
nexed. (Abstract)

(Colonial Papers. 2 pp.)

Green Spring, April 2, 1677.
Major Robert Beverley, Clerk of the Assembly to
Thos. Ludwell and Col. Daniel Parke, Treasurers for Vir-
ginia — Directing them to honor and pay certain Bills as per
annexed list drawn upon them for satisfaction of the public


debts, according to annexed Order of Assembly of 20th Feb-
ruary last. Also — List of Bills drawn by the Grand Assembly
of Virginia on Thos. Ludwell and are already paid by Garvin
Corbin, July 1677. Indorsed "Rec^^ June 1677." (Colonial
Papers. 3 pp.) Copies of the above are also entered in Col.
Entry Bk. No. 81. pp. 139-142. followed by an order of the
Privy thereon of 11 July 1677, which see. (Abstract.)

Swann's Point, April 5, 1677.
The Commissioners for Virginia to Secretary Coventry.
On Tuesday last the Assembly concluded ; only await on account
of the whole of their proceedings to send away the Deptford
Ketch (their final dispatch) — The Assembly has given Berke-
ley £500, but they find nothing done on his part in order to a
peace with the Indians. He gives no accotmt of his late seizures
as they desired & he at first promised, nor has he yet answered
in any one particiilar their instructions but now insists on seeing
their private power which they declined showing, finding him
so critical and captious at all advantages to himself. The
Council, the Assembly and People are and have been so over-
awed & biassed by the Gov'" that some Counties dare not bring
in their Grievances before Berkeley be gone — fear at last Col.
Jeffreys will be forced to send him home, for he is still as back-
ward as at first for ought they perceive — before the mists he by
all artifices casts before them can be cleared — The main business
of this letter by Capt. Morris is to give an account of his very
eminent sufferings and services — his ship has not only been a
receptacle for the loyal party but to the Rebels a prison — Col.
Jeffreys absent at the Camp at Middle Plantation with his
officers. 6pp. (Abstract)

(Col. Entry Bk. No. 81. pp. 182-187.)

April 11, 1677.
Petition of Edward Lloyd of James City County, Planter,
to his Maj. Commissioners — Against Capt'' Wm. Hartwell for
imprisoning him three weeks, during which time his house was

VIRGINIA IN 1677. 367

plundered by Gov. Berkeley's servants and petitioners wife
(great with child) so affrighted that she died — With the Mid-
wife's deposition & the oath of Lloyd. (Abstract)
(Colonial Papers. 3 pp.)

Swann's Point, James River, April 13, 1677.
Col. Herb. Jeffreys, Sir John Berry and Col. Francis
MoRYSON TO Secretary Sir Joseph Williamson — The Grand
Assembly lately risen from whom they were promised and
expected an ample account of their proceedings, but they have
returned home without giving any — Can only at present refer
him to Mr. Watkins. (Abstract)

(Colonial Papers. 1 p.)

James City, Virginia, April 13, 1677.
Wm. Sherwood to Secretary Sir Joseph Williamson —
Account of Governor Berkeley's persecutions since the writer's
return from England when he said before Colonel Parker, the
general cry of the Country was against the Governor and that
the Country would not be quiet so long as he continued Governor
and Ludwell, Secretary — Describes the peoples' grievances
against Gov. Berkeley and their over joy at his gomg hence —
Begs he may not have the writer's letters, for he is most malic-
ious against him — Points out the worth of the large testimony
of the Assembly to the prudence of Bericeley's government.

(Colonial Papers. 2 pp.)

April 14, 1677.
The Commissioners for Virginia to Mr. Watkins. To
confer with Capt. Middleton who has had a general knowledge
of occurrences here upon the place — more particularly in the
business of the patents — for it was he who very fortimately
and prudently discovered to them Lord Culpeper's design of
setting the same on foot again after his Royal Highness' com-
mands and his own professions to the contrary. 3 pp.

(Col. Entry Bk. No. 81. pp. 205-207.)


Swarm's Point, April 14, 1677.
Colonel Moryson to Lord Culpeper — In reference to the
patents which Moryson confesses himself somewhat stirprised
to find his Lordship was now for setting on foot again, the Com-
miss" having told the Country that the Duke of York was
pleased to promise the calling in and vacating those Grants
that were so prejudicial to this Country without any charge
to them. 3 pp. (Abstract)

(Col. Entry Bk. No. 81 pp. 201-204.)

April 20, 1677.
Petition of Thomas Bobby of James City County,
Planter, to his Maj. Commissioners for Virginia — Against
Hartwell for imprisoning him and forcing him to pay a com-

Online LibraryVirginia Historical SocietyThe Virginia magazine of history and biography (Volume 21) → online text (page 31 of 40)