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

in the Tenth Year of his Majesty's

Reign

Whereas His Majesty has for some years past been pleased

to allow unto Mr. James Blair Commissary for the Lord Bishop

of London in Virginia One hundred Pounds Yearly out of his

Quit Rents in that Colony which has hither to been accordingly

paid unto the said Commissary by Speciall Warrants from the

Lords Commissioners of his Maj'ty's Treasury, And his Maj'ty

has been humbly moved That the Govemour of the Said Colony

may for the future be Directed by an Instruction to pay unto



COUNCIL PAPERS, 1698. 69

the said Commissary Blair the said allowance of One hundred
Pounds yearly with the Arrears thereof out of his Maj'ty's
said Quit Rents without further Warrant. His Maj'ty's Will
and Pleasure is that you accordingly give Directions for the
payment of the same out of his Maj'ty's Quit Rents in that
Colony tni further Order.

By their Excellency's Command

Ja. Vernon.
To his Excellency Francis Nicholson Esq'r His Maj'ty's
Lieutenant and Govemour Generall of his Maj'ty's Colony
and Dominion of Virginia in America.

Ja. Vernon.



ORDER AS TO NAVAL OFFICERS



By the Lords Justices

Tho Cantuar Instructions for Francis Nicholson

Somers C Esq'r his Maj'ty's Lieutenant and Gov-

Pembroke C P S emour Generall of his Maj'ty's Colony

Marlborough and Dominion of Virginia in America

Romney and in his Absence to the Lieutenant

Oxford Govemoiir or Commander inChief of the

said Colony for the time beimg.
Given at Whitehall the 10 day of

November 1698. In the Tenth Year

of his Majesty's Reign.
His Maj'ty having been informed that the Navall Officers,
being the Persons appointed by the Govemours in his respective
Plantations in America to take Bonds and give Certificates
for clearing of Ships have generally neglected to comply with
the Direction of the late Act of Parliament for preventing
frauds and Regulating Abuces in the Plantation trade which
requires their giving Security to the Commissioners of the
Customes in England for the due Discharge of their Trust.
And it having been further represented to his Maj'ty that
besides the Security which the said Navall Officers are Obliged



70 VIRGINIA HISTORICAL MAGAZINE.

by law to give it would be very Expedient that (according to
the Constitution of the Customes in England which has pro-
vided a Controul upon the Action of every Officer Employed
therein) the concurrence of the Collectors appointed by the
Commissioners of the Customes in his Maj'ty's respective
Plantations should also be made necessary to so important an
Act as that of Signing Certificates for clearing of Ships his
Maj'ty taking the same Into Consideracon is here by pleased
to declare his will and pleasure And you are accordingly hereby
required to take care that the Navall Officer or Officers in His
Maj'ty's Colony of Virginia under your Government do give
Secvirity for the due Discharge of his or their Trust to such
Person as is or shall be appinted by the Commissioners of the
Customes for that purpose according to the Direction of the
forementioned Act of parliament and likewise that you do not
admitt or allow any Certificates signed by the Navall Officer
or Officers aforesaid for the Clearing of Ships within His Maj'
ty's said Colony of Virginia to be Valid and Effectuall for
that End without the Concurrence of the Collector appointed
there by the Commissioners of his Maj'ty's Customes
By their Excellencies Command.

Ja : Vernon.



ORDER IN REGARD TO CAPTAIN KIDD

Whitehall 23d November 1698.
S'r

The Lords Justices being informed by severall advices from
the East Indies of the notorious Pyracies committed by Cap't
Kidd Commander of the Adventure Galley and of his having
Seized and plundered divers Ships in those seas As their Ex-
cellency's have given Order to the Commander of the Squadron
fitted out for the East Indies that he use his Utmost Endeavors
to pursue and seize the Said Kidd if he continue still in those
parts so likewise they have Commanded me to signify their
Direccons to the respective Govemours of the Colony's under
his Maj'ty's Obedience in America that they give strict Orders



COUNCIL PAPERS, 1698. 71

and take partioilar Care for apprehending the said Kidd and
his Accomplices whenever he or they shall arrive in any of the
said Plantations as likewise that they Secure his Ship and all
the effects therein it being their Excellency's intention that right
be done to those who have been injured and rob'd by the said
Kidd and that he and his Associates be prosecuted with the
utmost Vigour of Law You are to be carefuU thereof duly to
observe the said Direccons And if the said Kidd or any of his
Accomplices happen to be seized within the Province under
your Government You are forthwith to transmitt an account
thereof hither and take care that the said persons Ship and
Effects be secured till his Maj'ty's pleasure be known con-
cerning them. I am S'r

Your most faithfull

himible Servant

Ja: Vernon.

To Francis Nicholson Esq'r
His Maj'ty's Lieutenant and
Govemour Generall of his
Maj'ty's Colony and Dominion
of Virginia in

America
Ja Vernon Exam'd P. B. Harrison.



THE SEAL OF THE COLONY

William R.
(L. S.)

To our Trusty and well beloved Francis Nicholson Esq'r
Our Lieutenant and Govemour Generall of our Colony and
Dominion of Virginia in America and to our Lieutenant Gov-
emour and Commander in Chief of our said Colony for the
time being, Greeting. With this You will receive a Seal pre-
pared by our Order for the use of our Government of Virginia
which seal is Engraven with Our Armes, Garter and Crown
with this Inscription round the same En Dat Virginia-Quintum.



72 VIRGINIA HISTORICAL MAGAZINE.

And our Will and Pleasure is, and we do hereby authorize you
and our Lieutenant Govemour or Commander in Chief of our
Said Colony for the time being to Affix the said Seal to all
patents and Grants of Lands and to all publick Acts and instru-
ments of Government which shall be made and pased in Our
Name within our said Colony and that it be to all intents and
purposes of the same force and Validity as any former Seal ap-
pointed for the publick use of the Government in oiu- said
Colony hath heretofore been which former Seals are not to be
made use of or Affixed to any Publick Act or Instruments what-
soever but to be Defaced and broken. Given at our Court at
Kensington the 10th day of Janu'ry 1698. In the Tenth year
of oiu" Reign.

By his Maj'ty's Command

Ja: Vernon.

GOVERNOR NICHOLSON TO THE GOVERNOR OF
NORTH CAROLINA

Virginia, James City, May 3, 1699«
Honorable Sir

I received Yours to me of the 16th of March last, In answer
to an Order of myselfe in Councill, Dated at James City the
24th day of February last, transmitted unto You by Coll.
Quary ptu-suant also to what You advise in that Letter, upon
the 28th of the last moneth arrived at this Place Mr. Akehurst
and Cap't Walker the Gentlemen appointed by You and the
Councill of Your Province to agree upon and Settle the bounds
between this His Maj'ts Colony and Dominion of Virginia
and Your said Province of Carolina. I shall at all times be very
ready to do anything that is requisite on my Parte for the per-
fecting of a Worke which I talvC to be so very Necessary and so
much contributing to the Peace and Quiet of both these Col-
onyes; But at present it is the Opinion of myself and his Maj'ts
Honorable Councill of state for this his Colony and Dominion
of Virginia that I cannot safely Comiconate any persons to
treat with the Gent'n from your Province about this affair.
Wee have not any Design of Delaying so good a Worke but



COUNCIL PAPERS, 1698. 73

we are Desirous that when it is done it may be Effectual and
Valid in all time coming and that wee think the Gent, ap-
pointed by you are not sufficiently Qualified to do. Our Rea-
son for this Opinion is grounded upon an act of Parliament of
the seventh and Eighth Years of his present Maj'ty Intituled
an act for Preventing frauds and regulating abuses in the plan-
tacon trade which I have given to the Gent, for Your More
particular Satisfacon herein in this act it is Enacted that all
the then present Govemours or Comanders in Cheif of any
English Colonyes or Plantacons shall before the 25 day of
March 1697 take a solemn Oath &c. as in the said act is More
at large Directed; and by another Clause in the said act it is
Enacted that all Govemours Nominated and Appointed by
any persons or proprietors who shall be Intituled to make such
Nominacon shall be allowed and approved of by his Maj'ty
his Heires and successours Signifyed by his or their order in
Councill who shall take the Oaths Enjoyned by this Or any
other Act to be taken by the Govemours or Commanders in
Cheif in other his Maj'ty 's Colonyes and plantacons; By this
act you may please to observe it is required that you be ap-
proved by his Maj'ty to be signifyed as is aforemenconed and
that you likewise take the said Oaths before you can be suf-
ficiently Qualified to Execute the Office of Govemour or Com-
ander in Cheif of any Propriety, and for as much as it doth
not appear that you have Complyed therewith Wee are of
Opinion that it is not convenient for us to treat with any Per-
son or Persons by you appointed to agree upon and settle this
affair between these two Colonyes; Therefore all further pro-
ceedings therein Must for the present be suspended untill you
can give an Account thereof to those persons for whom You
are Concemed and shall Obtain such Approbacon and Quali-
fycacon as by the act of Parliament aforemenconed is directed
and required I on m}' parte shall take care that our proceed-
ings Herein may be layd before his Majesty for his further
comands thereupon and I hope by the next fall to receive such
Direccons as shall be thought necessary; I desire lilcewise that
you on your parte will take Care to obtain such Qualificacons
and Instruccons as are requisite for you by the Consent of Mr.



74 VIRGINIA HISTORICAL MAGAZINE.

Akehurst and Cap't Walker I have Caused the Exemplificacon
of your proprietor's Charter to be recorded here so that there
will not be occasion any more to hazard that Upon so long a
Journey as to send it hither for our Satisfaccon therein.

I must further acquaint you that by Comicon under the great
Seal of the high Admiralty of England Dated the 26 day of
June in the Year 1697 — Directed unto Sir Edmund Andros
Knight His Maj'ts late Lieutenant and Govemour Generall
of Virginia and^ to His Maj't's Lieutenant and Govemour Gen-
erall of Virginia for the time being His Maj'ty hath been pleased
to Grant unto his said Lieutenant and Govemoiu" Generall of
Virginia for the time being Power and Authority to appoint
Judges Registers Marshalls and Advocates for the Admiralty
Courts of Virginia Carolina and the Bahama Islands by Virtue
of which Said Comicon the said Sir Edmimd Andros by severill
comicons did appoint the Hon'ble Edward Hill Esq'r judge,
Miles Gary Gent. Register, Michael Sherman Gent, Marshall,
and John Taylor Gent. Advocate, of the Court of Admiralty in
this His Maj'ts Colony and Dominion of Virginia and the
Province of North Carolina I herewith send you Copyes of the
said Severall Comicons for your better Informacon therein and
I do recomend the same to your care that when any matters
shall happen requiring the Presence and Service of the said
judge and Officers, you will give me timely Intimacon thereof
that I may give such direccons as shall be necessary therein-
which is all at present from

Yoiu* Affectionate Friend and

Humble Servant
ff. Nicholson.

For His Maj'tys Speciall Service

To

The Hon'ble Thomas Harvey Esq'r

Deputy Govemour of His Maj'ts

Province of North Carolina.



COUNCIL PAPERS, 1698. 76

THE PRESIDENT ETC. OF WILLIAM & MARY
COLLEGE TO THE GENERAL ASSEMBLY

To the honourable The Speaker and Gentlemen of the house
of Burgesses.

We the president, Masters and Scholars of the Royal Col-
ledge of William and Mary in Virginia, being deeply sensible
of the great honoxir lately conferred on this Colledge by the
hon'ble House of Burgesses first in graceing our Scholastick
exercises with your own countenance and presence on May day
last, and then in giveing so favourable a Judgement and Charac-
ter of the proficiency of our Youth in their Studies and in re-
commending the said Colledge to our good Govemours care and
favour in your most hearty address made to his Excellency
for that purpose : Desire leave in all humility to offer our most
thankfull acknowledgements for the same and withall to as-
sure this hon'ble House that nothing can so effectually en-
courage us to go on in the chearfull prosecution of our studies
as the favourable countenance of so great Patrons as we hope
to find both in his Excellency and the present Generall Assem-
bly for which good understanding among your selves and joint
endeavours to carry on this and all other good works We doubt
not ye will have the blessings and prayers of all good men to
join with those of

Your most obliged humble Servants

James Blair Presid't.
Mongs Inglis humanity prof:
John Hodges Usher.

In name & at the desire of the rest of our Condisciples

Orlando Jones ]

Henry Harrison I o , i
T 1, A 11 f Scholars

John Allen '|

John Jones J

The Answer sent by Major Custis and Cap't. Wilson.

The house have sent us to acquaint you that they have read
your address it is received mighty kindly and they hope you
you will always merit their good Esteem.



76 VIRGINIA HISTORICAL MAGAZINE.

THE GENERAL ASSEMBLY TO THE GOVERNOR

To his Excellency Francis Nicholson Esq'r His Maj'ts Lieu-
tenant and Govemour Generall of Virginia.

The humble Address of the Councill and Burgesses of this
present Generall Assembly

May it please your Excellency

Wee the Coimcill and Burgesses of the present General As-
sembly being sensible of the great Mischeifs and Inconveniences
that Accrew to the Inhabitants of this His Maj'ts Colony and
Dominion of Virginia By killing of Whales within the Capes
thereof Doe in all humility take Leave to Represent the same
unto Your Excellency And withall to acquaint you That by
the Means thereof Great Quantity es of Fish are poysoned and
destroyed And the Rivers also made noisome and Offensive
For prevention of which Evills In regard the Restraint of the
Killing of Whales is a Branch of His Majestyes Royall Pre-
rogative.

Wee humbly Pray that Your Excellency will be pleased to
Issue out a Proclamation forbiding All Persons whatsoever to
Strike or kill any Whales within the Bay of Chesapeake in
the Limits of Virginia which wee hope will prove an Effectual!
means to prevent the many Evills that Arise therefrom.

Richard Lee in behalf of His Majestyes Honorable Councill.
Robert Carter, Speaker.



THE HOUSE OF BURGESSES TO THE KING

To the Kings Most Excellent Majesty

We yo'r Majestyes most Loyall and Obedient Subjects The
Burgesses of the Generall Assembly in yo'r Majestyes most
Antient and great Colony & Dominion of Virginia now As-
sembled, Doe humbly Embrace this Occasion, In the first place
to Congratulate yo'r Majestyes Safe & happy Retume to yo'r
Kingdome of England, haveing first purchased & Secured
through yo'r own personall Valour Conduct and Prudence a
Glorious, Hon'ble and Setled peace not only to Christendome



COUNCIL PAPERS, 1698. 77

but Even by Means of yo'r Wisdome & Mediation between his
Imperiall Majesty and the Grand Signior to the very Turks &
Infidells by which your Majesty has Emimently appeared to
be the Sole & great Arbiter both of Warr and peace in the
largest part of the Known World to Accomplish which you
have not Spared to Expose your own Sacred precious & Royall
person to the Great Hazards & Most Eminent Dangers in
which yo'r Majesty had noe other End than the preservation
& Defence of the true Protestant Religion and the Libertyes
& propertyes of Europe, This Great S'r Altho' we live soere-
mote We are not Ignorant of and long ere this we Should have
Expressed our Sence of the Same by an hiunble Address to yo'r
most Sacred Majesty had we bin in a Capacity as a house of
Burgesses of doeing it before.

In the next place we think our Selves Obleiged in duty to
yo'r Majesty in all humility to Express our deep Sence and to
make a Gratefull Accknowledgm't of your many Royall flav-
ours and bounty's from time to time bestowed upon this your
Ancient and great Colony and Dominion in Generall & upon
yo'r Royall Colledge of William & Mary in P'ticiilar, And
hiunbly to Begg that Continueance of your Royall Grace Fa-
vour & Protection to us & it

We also Accknowledge it our highest Duty to yo'r Majesty to
Retiime our hiunble and unfeigned Thanks to Almighty God
for the preservation & Continuance of your life & health And
it shall be our Daily prayers that yo'r Majesty may have a
Long and Happy Reigne over all yo'r Kingdomes & Domin-
ions, And may all your Loyall Subjects for Ever bear in Mind
the Inestimable Benefits they have received from yo'r Maj-
esty who have (under God) been the Main Bulwark and De-
fence of our Religion Lawes and Libertyes &c'a And it has
alwayes bin the happiness of this Dominion to Deserve the
Character of Loyall & Dutifull Subjects, Soe at this time we
take Leave in most Humble Manner to Assiu-e yo'r Majesty
we will Continue Soe to our Lives End.

Robert Carter, Speaker in
Behalf of the house of Burgesses.



78 VIRGINIA HISTORICAL MAGAZINE.

THE OATH OF A COUNCELLOUR.

You Shall Swear to be a true and faithfull Servant unto the
Kings Majesty as One of His Councni of State and to be aiding
and assisting to His Excellency His Majesties Leiutenant and
Govenour Generall of Virginia; You shall in all things to be
moved treated and debated in the Councill faithfully declare
Your Mind and opinion according to Your heart and Conscience,
and Shall keep Secret all matters comitted and revealed unto
you concerning the Same, and that Shall be treated Secretly in
the Councill, untni Such time as by the Consent of His Maj-
esties Leiutenant and Govenour Generall and the full consent
of the Councill of State there Resident or the Maj'r part of
them, Publicacon Shall be made thereof; You Shall to Your
utmost bear faith and Allegiance to the King's Majesty his
heirs and lawfuU Successors, and Shall assist and Defend all
Jurisdiccons preheminences and Authorities granted imto
His Majesty and annex't imto the Crown against all fforeign
Princes Persons Prelates and Potentates whatsoever And Gen-
erally You Shall act and doe in all things as a faithfull and true
Subject Ought to doe to His Majesty.

Soe help You God.



THE COMMISSION OF THE CLERKE OF THE
GEN'LL ASSEMBLY
VIRGINIA SS.

William the third by the Grace of God King of England

Scotland ffrance and Ireland Defender of the faith &c To

Gent. Greeting We doe by these presents constitute and ap-
point you to be Clerk of the Generall Assembly of this our
Colony and Dominion hereby giveing and granting unto You
full power and authority to your own proper use and behoofe
to take and receive all Salarys ffees and perquisites whatsoever
belonging to the Office of the Clerk of the Generall Assembly
of this Our Colony and Dominion with power to execute and
enjoy all Trusts Services Rights Members and Appurtenances
as to the Said Office are justly and Lawfully belonging in as fuU



COUNCIL PAPERS, 1698. 79

and ample manner to all intents and purposes as any other
Pson heretofore hath or ought to have enjoyed the Same,
To have hold execute and enjoy the Said Office dureing pleasure
Witness Our Trusty and well-beloved ffrancis Nicholson Esq'r
Our Leiutenant and Govenour Generall of Virginia at James-
Town imder the Seal of Our Colony this day of
1699 in the Eleventh Yeare of Our Reign.



THE CLERK OF THE GEN'LL ASSEMBLY HIS
OATH.

You Shall Swear as Clerk of the Gen '11 Assembly of this
His Maj'ts Colony and Dominion of Virginia to which Office
You are appointed by His Excellency faithfully Justly and
uprightly to make true Entries and Joumall's of all Votes
and Proceedings in the Said Gen'll Assembly as from time to
time you Shall receive Orders and Direccons and you Shall
in all thing's according to your best Skill and Judgment Dis-
charge and Execute the Said Office and Trust of Clerk of the
Gen'll Assembly.

Soe help you God.



THE COMMISSION OF THE CLERK OF THE
COUNCILL.

William the third by the Grace of God of England Scotland
ffrance and Ireland King Defender of the faith &c.

Gent. Greeting We doe by these presents Constitute and
appoint you to be Clerk of Our Coimcill in Our Colony and
Dominion of Virginia with power to take and receive to your
own proper use and behoofe all flfees Dues and perquisites to
the Said place usually belonging or appertaining To have and
to hold the Said Office dureing pleasure Witness Our Trusty
and Well-beloved Francis Nicholson Esq'r Our Leiutenant and
Govenor Gen'll of Virginia at James Towne under the Seal of
Our Colony this day of 1699 in the Eleventh

Year of Our Reign.



80 VIRGINIA HISTORICAL MAGAZINE.

THE OATH OF THE CLERK OF THE COUNCILL.

You Shall Swear that you will well and truely Execute the
place of Clerk of the Councill of this His Majesties Dominion
of Virginia to the best of your Judgment and Knowledge You
Shall faithfully Enter all Orders and Shall not discover the
Secrett proceedings of His Excellency the Govenour and Cotm-
cill to any pson whatsoever till the same be otherwise made
Publick but Shall to the best of your Understanding doe all
things relating to the Said place or Office faithfully justly and
honestly.

Soe help you God.
(to be continued)



NOTES AND QUERIES. 81



HISTORICAL AND GENEALOGICAL NOTES AND
QUERIES.



Deed for the Bermudas, 1612.
(Abstract.)

This Indenture made the five and twentieth day of November in
the yeres of the raigne of our most gracious and soveraigne lord James
by the grace of God king of England, Scotland, Fraunce and Ireland,
defender of the faith etc, that is to say of England, Fraunce and Ireland
the tenth, and of Scotland the six and fortieth betweene the Treasurer
and Company of Adventure: s and planters of the Citty of London for
the first Colony in Virginia of the one parte and Sir William Woad,
knight, Sir Dudley Digges, knight. Sir Baptist Hickes, knight, Richard
Martyn of the middle Temple London Esquire, John Wolstenholme
Esquire, Richard Chamberlyn, Robert Offley, Robert Johnson, Jerome
Heydon, George Scott and George Barkley of London, merchauntes of
tothcr parte witnesseth that whereas it pleased the kinges most excellent
maiesty by his letters patent bearing date at Westminster the twelveth
day of march in the nynth yere of his maiesties raigne of England (1609)
10) Fraunce and Ireland and of Scotland the five and forthieth of his es-
peciall grace knowledge and meere mocion to give graimt and confirme
vnto the said Treasurer and Company of Adventurers and planters of
the Citty of London for the first Colony in Virginia and to their heires
and successors for ever. All and singular those Islands Whatsoever
situate and being in any part of the Ocean seas bordering vpon the coast
of the said first Colony in Virginia and being within three hundred leagues
of any of the partes heretofore graunted to the said Tresurer and Com-
pany by his maiesties former letters patents therein recited and
being within or between the one and forty and Thirty degrees of Nor-
therly latitude together with all and singular soyles landes, groundes,
havens, portes, rivers, waters, fishinges, mynes, and myneralles as well
royall mynes of gold and silver as other mynes and myneralles pearles
precious stones quarries and all and singular other comodities iuris-
dictions royalties priviledge franchises and phemynences both within
the said Tract of land vpon the mayne and also within the said Island
and seas adioyning Whatsoever and thereto or thereaboute both by sea
and land being or scituated which his maiesty by his patentes might or

could graunt and in as ample and sort as his majesty or any his

noble progenitors have heretofore.



82 VIRGINIA HISTORICAL MAGAZINE.

Close Roll, II James I W. pte 40.

Virginians at Trinity College, Cambridge,

Admissions 1701-1800.

Carter, John, son of Robert Carter of Virginia, America. School,
Mile End, London (Mr. Maltaire). Age 18 Fellow-Commoner, Jan-
uary 12, 1714. Tutor, Mr. Baker, [Matriculated, 1714. Did not grad-
uate].

Taylor," Daniel, son of Daniel Taylor, Judge of Virginia, America.
Educated at the College of William and Mary, Virginia. Age 21. From