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CALENDAR 



OF 



VIRGINIA STATE PAPERS 



AISTD OTHER MANUSCRIPTS, 

I 6 5 2 — I 7 8 I , 

Preserved in the Capitol at Richmond. 






ARRANGED AND EDITED 

B Y 

WM. P. PALMER, M., D., 

Under Authority of the Legislature of Virginia. 



VOLUME I. 



RICHMOND : 
R. P. WALKER, SUPERINTENDENT OF PUBLIC PRINTING, 

1875. 



CALENDAR 



OF 



VIRGINIA STATE PAPERS 



AND OTHER MANUSCRIPTS, 



I 6 5 2— I 7 8 I , 

Preserved in the Capitol at Richmond. 






• \ 



ARRANGED AND EDITED 

BY - 

WM. P. PALMER, M. D., 

Under Authority of the Legislature of Virginia. 



VOLUME 1. 



RTCHMOND : 
R. F. WALKER, SUPERINTENDENT OF PUBLIC PRINTING 

1875. 



Entered according to Act of Congress, in the year One Thousand Eight 

Hundred and Seventy-Six, by the 

COMMONWEALTH OF VIRGINIA, 

In the office of the Librarian of Congress^ at Washington. 

W. E. WADS, FBHITEB. 




PREFACE. 



The iDtroduction immediatelj preceding the pages of this Calendar, has been 
prepared somewhat at length with reference to the general character of the 
work. For this reason, much of it has been devoted to the consideration of 
subjects thought to be of pecoliar historical interest in such a connection. Some 
of these have doubtless been referred to elsewhere, but many of them have not 
attracted sufficient notice from writers of Virginia history. One of the chief 
objects of the writer in preparing this Introduction, has been to enforce, if possi- 
ble, the importance of preserving, even at this late day, what remains, oat of 
which may yet be written tJie history of Virginia. The temptation was great 
to dwell at length upon this subject, and in so doing, to venture upon a few hints 
as to the plan upon which such a history should be constructed, but the limits of 
the pages before us had already been too much extended, to allow of farther 
indulgence in this respect. 

The latter part of this Introd action comprises a partial resume of the contents of 
many of the documents recorded in this Calendar. To have given a review of all 
they contain, would not only have been unnecessary, but would have consumed an 
unwarrantable amount of space. It has therefore been thought sufficient to 
notice such as shall serve to illustrate the historical valae of the work, and to 
famish a guide for a closer analysis of its contents in the future. This plan will 
be observed in the preparation of each volume, not only for the reason just given, 
but to avoid the necessity for an appendix of explanatory notes. It will be 
observed that the contents of the latter part of this volume, from about the year 
1780, are not included in the resume. The Introduction having already occupied 
a considerable space, and another epoch being about to begin, in which a new set 
of events and-new actors appear, it was concluded they should be noticed in their 
appropriate relations to the events of the year 17^1, of which the second volume 
must be chiefly composed. 

The critical reader, it is hoped, will make due allowance, as well for defects of 
style in one unpractised in the arts of literary composition, as for the occurrence 
of typographical errors incident to all such productions, notwithstanding the 
vigilance employed in endeavoring to avoid them. 

W. P. P. 



INTRODUCTION. 



It is not only the part of wisdom, but a sacred daty, that a people shonld give 
careful attention to the preservation of their records. The value of original 
documents is chiefly to be estimated by the facts they disclose, because it is 
from these alone that authentic history can be written. To the antiquarian 
they may afford the profonndest enjoyment in the gratification of a taste, 
more captivating perhaps than useful; but the annalist, whose functions are 
purely practical, cannot possibly perform his duties without their assistance. 
The uncertainties of tradition are substituted for the truth of history, in 
proportion to the absence of such sources of information. Hence the need 
of well attested records during successive epochs of the world's history has 
been seriously felt. It has bequeathed to each succeeding age a legacy of 
useless regrets, and transmitted from one generation to another, grounds of 
doubt upon almost every branch of human knowledge. The annals of historical 
literature, and the arena of polemical discussion, abound with illustrations of 
this fact, and the avidity with which investigators now seize upon every frag- 
ment of recorded lore, whether engraven upon prehistoric stone, or, written 
upon a more modern material, gives confirmation to what has just been said. It 
is, therefore, unnecessary to dweU upon a truth so patent, but which, on this 
account, has been none the less prolific of contention in the world of letters. 

However it may appear that the evil has found palliation in having developed 
some of the highest powers of the human mind ; and in having contributed a 
vast and valuable historical litemture in the efforts made to reconcile conflicting 
statements, or solve questions of serious import, it is equally true, that in the 
meantime strongholds of error have been erected, and retreats provided for 
those, who, in every age, are found anxious to escape the verdicts of impartial 
truth. 

In these latter da^'s however, and by the well directed efforts of those who 
believe that all obscuration of truth is productive of evil, movements have been 
set on foot looking to reforms, by which the sources of modem history at leas* 



iv INTRODUCTION. 

may be in a measure purified and their porservation, in the future, rendered 
more certain. The results of investigations made by modern writera of history, 
have had much to do in originating and giving direction to these efforts. 
• Disclosures brought to light, by the discovery of manuscripts heretofore 
entombed under the neglected rubbish of ages, show the works of their pre- 
decessors to be singularly defective m many respects. The attention of those, 
whose opinions on such subjects are worthy of respect, and whose examples may 
be safely followed, has been particularly engaged of late in this direction. In 
Great Britain, for instance, where it might have been supposed more than 
ordinary care would have been devoted to the preservation of her documentary 
records, one is surprised to learn, that until a very recent date, public indiiference 
had left her vast accumulations of historic lore, exposed to the ravages of time 
and natural decay. 

A salutary change, however, has taken place, and the measures adopted to 
remedy the evil are now deemed of sufficient importance to form part of the 
national administration of that great empire. The new " Public Eecord Office," 
in process of erection in London, under the urgency of losses recently discovered, 
will at least afford a safe place of deposit for the national archives and other 
valuable documents to be foixnd in the United Kingdom. So vast will be the 
requirements of this institution, in the orderly arrangement and convenient use 
of those muniments of historic truth, that although many years have passed 
since the present building was begun, a *writer who describes it at length, finds 
it necessary to declare that " another generation will, in all probability, pass 
away before the whole is finished." 

The completed part has already become the receptacle of vast collections of 
the piiblic records, which, according to the same writer, stored up in iron gratings 
on shelves of slate, classified and arranged ; and " preserved from innumerable 
perils of fire, water, and official neglect," are never disturbed, except " when 
removed from their shelves to gratify the curiosity of the antiquarian or assist 
the researches of the historian." 

The British authorities were so impressed with the importance of making this 
undertaking of purely practical value to the nation ; that they disregarded the 
demands of modern taste ; and in the construction of this massive stone and iron 
repository, the beauties of architectural design have not been allowed to engage 

« 

the attention of the builder ; but one thought, that of security, having absorbed 
" all other considerations " 

After congratulating the country, that "the national records had found, like 
u£neas, a safe resting-place," " the writer referred to above, exultingly continues 
to dwell upon the importance of the work, in the following resume of the treaa- 



Londoa Quarterly, April 1871. 



INTRODUCTION. v 

iires committed to its keeping: "The pablic acts of this nation, from the 
doomsday of William the Conqueror to the coronation of Queen Victoria, are 
here chronicled and recorded in all their immense variety, from day to day and 
from hoar to hour. Ilere is to be traced the open and the secret history of the 
nation ; its transactions at home and abroad ; its most subtle and mysterious 
negotiations; the employment of its treasures ; the number and dispositions of 
its forces; the musters of its population; the distribution of its land, its forests, 
and itB manors; the rise and progress of its nobility and great families; its 
proceedings in Parliament; its charters; its patents; its civil and criminal 
judicature. Whatever, in short, this kingdom has for eighc centuries done, or 
proposed to do by the complicated functions of its government and administra- 
tion ; restless as the sea, and multitudinous as the sands upon its shore, is here 
committed to safe, silent and impartial witnesses." The government was not 
content, even with this important provision for the preservation of its national 
records. They were to be made available, as well as secure. For this purpose, 
since the year 1855, a regularly employed stafiE of eight editors, with thirty-seven 
occasional assistants, has been constantly engaged in arranging and indexing for 
the printer, the " British Calendars of State Papers ;" of which, there have been 
already published forty-five large volumes, arranged in series. The value set 
upon these publications will be duly appreciated, and the reader wilLbe surprised 
to learn, according to the authority quoted above, that "the history of England 
lias remained, until lately^ a barren field, scarcely better explored than it was in 
the days of Carte or Hume," and that " henceforth the historian, here or abroad, 
who undertakes to treat of any questions connected with the period traversed 
by these Calendars, must turn to them as his surest guides and most unerring 
authorities." 

These facts are not without interest to Virginia. The Colonial Series of these 
vast collections had been submitted, for some yeara past, to the editorial care of 
Mr. W. Noel Sainsbury ; one largo volume of which is already to be found in 
the Virginia State Library, and under the wise policy adopted by those in charge, 
numerous transcripts from the same series, made by the same gentleman, have 
from time to time been added to its shelves. 

Turning from England to France, where it is said, a richer mine of historic 
lore is to bo found, than exists, perhaps, in any other country of Europe, we find 
another example not only worthy of imitation, but the results of which may be 
found intimately associated with the early history of our State. For years past, 
a master mind had been devoting its energies to rescuing the records of that 
remarkable people from oblivion, and reducing them to something of system and 
order. 

As the learned (rhronicler of French Archeology ; in the capacity of Minister 
of Public Instruction ; as the founder of the Historical Society of France, and 



vi INTEODUCTION, 



by a life-IoDg devotion to purguits of kindred nature, the illustrious Guizot 
succeeded in accumulating and causing to printed, under the sanction of the 
Government, sources of French history from the earlist times, that otherwise 
might have disappeared during the paroxisms of political chaos to which his 
countrymen seem periodically liable. As a counsequence of these protracted 
labors, it was only at the close of his long and eventful life, during which he 
had been often encumbered with the cares of office and had witnessed the rise 
and fall of dynasties, that the illustrious octogenarian was enabled to bequeath 
to posterity the crowning act of his remarkable career. The last and best history 
of France, must therefore remain a fit memorial of one who devoted a long life 
to the glory of a people, who never ceased to recognize his merits under every 
change of time and fortune. 

Coming nearer home, it is gratifying to find that the sacred duty of preserving 
their history has not been altogether disregarded by some of the great American 
communities. As far back as the year 1814, the Ilistorical Society of New 
York sent up to the Legislature of that State, through their distinguished Vice- 
President Dewitt Clinton, Esq., a memorial drawn by his own hand, in behalf of 
the perishing records of that Commonweath. This document presented in strong 
terms the urgency and importance of the measures suggested. It appealed to the 
patriotism of a people, whose State pride should prompt them at once to rescue 
their history from threatened oblivion. The eloquent author called upon the 
State to assist the Society he represented "in drawing from their dark abodes 
documents that would illumen the obscure, explain the doubtful and emblam 
the memories of the good and great." This effort was not in vain — funds 
sufiicient to carry out the purposes suggested, were at once appropriated; 
competent persons were employed to translate the earliest records of the Colony 
while under the Dutch, and agents were sents abroad to collect in England, 
Holland and France, original documents and copies of evervthing relating to the 
history of the Empire State of America. 

At a subsequent period, and after the materials had been collected, a proper 
person was appointed "to compile the Documentary History of New York," 
which work is now to be foimd in an imposing array of folio volumes upc>n the 
shelves of our State Library. 

Other American Commonwealths, in the meantime, have not been idle. The 
Historisal Society of Massachusetts have rescued from loss most of the records 
of that ancient Colony and influential State. They have been collected, printed 
and bound in series, each one of which consists of numerous volumes. The 
Historical Society and other agencies of that State, were stimulated to this action 
by occurences, the like of which will bo seen to have taken place in Virginia at 
different ^ochs of her history. The burning of the State-house at Boston, the 
destruction of part of old Cambridge College, and of certain private residences. 



INTRODUCTION. vii 



had involved the loss of many valuable docnmente. Convinced by such disasters 
that no depository at that time was free from danger, it was wisely determined 
to mnltiply copies of their records through the printing pi*es8. 

As late even as the year 1851, the Executive of Pennsylvania by special mes- 
sage to the Legislature of that State, set forth the great importance of preserv- 
ing the perishing records of a Commonwealth, whose history is so intimately 
connected with that of her sister communities. The case was put in terms so 
strong that a committee was at once appointed to consider the subject. Their 
report was satisfactory. Authority to collect, arrange and publish was at once 
given, and now tlio documentary history of Pennsylvania appears upon the 
shelves of our Library in more than a dozen large volumes, beginning at the 
year 1664, and coming down to the latest dates. Coming farther South we find 
other States engaged in the same direction. Maryland has accomplised much, 
and the States of Georgia and Louisiana have not been idle. The records of the 
latter have been preserved in part, dating back to time when the royal standard 
of Spain was first set up in the Floridas, then stretching to the waters of the 
Mississippi, and even to " the Illinois," down to the date of Bienvelle's settle- 
ment of New Orleans under the French rule, and on to the period of the Amer- 
ican Kevolution. In this connection her history bears important relations to that 
of the western limits of the Colony of Virginia. 

Some of tlie younger Commonwealths have vied with the oldest in these efforts 
to preserve their early records; and it is a mortifying confession that Wisconsin 
and Michigan have, perhaps, at this day more of their histoiy, than has Virginia 
of her own, if measured by the comparative ages of these States. The latter 
has been singulai-ly neglectful of her duty in this respect. Had the inspiration 
wliich moved Dewitt Clinton in 1814, been caught by some one of the many 
gifted Vii^nians of that day, it may be imagined what an amount of documen- 
tary material would now be the heritage of the State. 

It has, therefore, been deemed appropriate to dwell somewhat at length upon 
the course pursued by other communities in this direction, with the hope that the 
languor heretofore displayed by Virginia, may, by force of their example, give 
place to greater activity in the future. 



CHAEACTEB OF THIS WOBK, AC. 



The work, of which this is the fii*st volume, is of a kindred nature with that now 
in prosecution by the British Government, and was undertaken under authority 
of the Legislature of Virginia. The documents from which it is compiled are 
to be found in the Capitol at Richmond. They are land patents. State papers, 
foreign and colonial oflicial communications, incomplete proceedings of Councils, 
Courts and Vestries ; the public and priiate correspondence of promiiient indi- 
vidnalsy and a considerable quantity of miscellaneous manuscripts of more than 



viii INTRODUCTION. 



ordinary interest, because of their relations to the domestic affairs, the habits 
manners and customs of the people at different periods of the Colonial and State 
histories. When the present arrangement was undertaken they were found in 
great confusion. From a variety of causes in the lapse of time, and as a conse- 
quence of the political troubles that liad recently interrupted the peaceful routine 
of official duty in the Capitol, the chronological order in which they had long 
been kept was almost totally destroyed. On this account the labor of reducing 
the heterogeneous mass to something of system was greatly increased. It became 
necessary to handle and scrutinize each paper, to verify its date and place it 
accordingly. This done, and when the process of recording was began, each 
document was to bo carefully read through, to judge of its merits. 

In accordance with the policy at first suggested, it was supposed a mere abstract, 
would be sufficient to preserve tlie substance of these papers. But upon further 
consideration, a larger liberty was allowed. Under the former plan a catalogue 
would have been arranged instead of a calendar. It will be seen a considerable 
number have been copied at length, because an attempt at abridgment would 
have detracted from their intrinsic worth. The latter plan cannot fail to recom- 
mend itself as time progresses, and as the older and most authentic records 
become more and more scarce. 



VALUE OF MANUSCRirrS. 



The real value of manuscripts is not always at once appreciated. The facts 
they record are, of couree, of prime importance, but there are other features 
which equally recommend them to our notice. A paper cannot be without 
interest, for instance should it but preserve the peculiarities of style, the quaint 
phraseology and antique orthography in use when it was written. In the earliest 
papers before us these are prominent characteristics. They appear as much in 
the private correspondence as in official documents, in which latter, hcwever, as 
may be expected, a more stately and often-times pompous diction prevails. To 
the modern reader these excentricities may appear violations of literary taste. 
But it should bo remembered, that the best educated of our fore-fathers were 
compelled to employ the only vocabulary known to them. They had inherited 
the style transmitted from a more primitive age in letters, than that even in which 
they lived, and which did not. begin its approach to the smoother diction of the 
present day, until about the beginning ot the second century after the founding 
of the Colony. The manner in which they wrote, or otherwise gave expression 
to their thoughts should, therefore, be received with due allowance, not forgetting 
that to the literary critics of their own time, these quaint productions were as 
well entitled to consideration, as are those of modem days to that of their 
cotemporaries. ^ 

Another merit of these documents consists in their perpetuating certain phrases 



INTEODUCTION. ix 



and expressions, the only vehicles of a class of ideas purely technical in 
their significance. The literatnre of the learned prufe^^sion8 abounds in these. 
Indeed, without them the phraseology of the law would lose most of its strength, 
and the language of codes fail to express its meaning. In many of the oldest 
may be recognized also, much of the ruggcdness of the ancient Saxon tongue as 
it appeared, before the norman dialect had added its softer elements, whereby 
what may be termed the stone-age of our language began to pass away. The 
papers of this discription are common until about the time of Spotswood, when 
their style begins sensibly to change. A little later a taste for the ornate becomes 
more apparent ; quaintness and simplicity give way to decoration, and as we 
pass on to times nearer our own day, the measured sentences and rounded periods 
of the more modern diction come into frequent use. 

Still another value attaches to these fading manuscripts which may not at fii*st 
view be recognized. In the letters and other communications interchanged by 
people of every class of society, one is impressed with the courteous regard for 
the amenities of social life exhibited in them, although often couched in awkward 
and common-place language. 

This is especially observed in the epistolary intercourse of those in the higher 
walks of life. Ilere gentlemen vie with each other in the exchange of polite 
condescensions, and seem actually to be practicing the deferential pantomime of 
court etiquette, through the medium of an ordinary correspondence. The tone 
of official communications is, of course, still more exacting and punctillious ; it 
being deemed necessary to express the behes^ts of power in a phraseology of more 
than common dignity. 

In many of tliese dcouinents are also to be discovered traces of the bruad dis- 
tinctions in social life, which even to a late period continued to exercise an im- 
portant influence upon the inhabitants, both of the Colony and of the State ; an 
influence which has perhaps impressed its effects more upon Virginians, than upon 
the people of any of the older commTuiwealths. Whether this has been to their 
advantage or not has frequently engaged the attention of political philosophers, 
whose varying and ingenious speculations have not as yet afforded a satisfactory 
conclusion. In the cases referred to, individuals were generally associated with 
the occupations by which they gained a livelihood, and their social status described 
accordingly ; the gentleman being distinguished from the peasant ; the trades- 
man or factor from the mechanic; the servant from the slave. It is here, also, 
we think, may be detected at least one source of those habits ef decorum, sub- 
ordination and respect for authoity which in earlier times prevailed among the 
people of Virginia, especially throughout her rural districts. There W'ere 
doubtless other causes contributing to the same result, but in the state of society 
indicated above, the force of example was chiefly potential in forming the manners 
and establishing the customs of the people. The humblest individual unconsciously 

2 



X INTEODUCTION 



\ 



imitated the liabits and adopted the opinions of his social superioi's. In this 
way, the latter became to him accepted standards in all the relations iu 
which fitness and character were to be considered, witli regard to the affairs of 
public or private life. Thus influenced by a moral power ho could not resist, 
even if he desired it, his social dependen(!e upon those above him, was tacitly 
and cheerfully admitted. At the same time, however, that this was true, another 
result followed the existence of these opposite extremes of society. They were 
found to react benificiently, the one upon the other. Thus the peasant, whether 
attending upon the requirements of his County tribunal, or answering the call of 
his wealthier neighbor, became as reconciled to the social superiorty of tlie one, 
as he was prompt in obeying the mandates of the other; while the aristocrat 
from his higher position, felt constrained to recognize the claims of tliuse who 
looked to him for guidance, by acknowlediijing in his private as well as public 
capacity, the weight of responsibility under which he lay. 

PLAN OF THE WOHK. 

« 

The plan ad(^pted in compiling this calendar was considered the simpllest, and 
therefore the most appropriate. It was found impossible to group the documents 
by subjects, these being so various, and often of such apparent unimportance, 
that an awkward incongruity must have been the consequence. For obvious 
reasons, an alphabetical arrangement would have been even more objectionable. 
Chronology alone, therefore, affords the most feasible and the safest method of 
arrangement. It establishes events in their proper relations to each other, and 
preserves the correllative importance of 'the smallest items of information; 
thereby affording for the annalist the surest guide, when he comes to perform 
his work. 

It has been thought expedient to place all papers not having special dates, or 
whose connection with other documents cc^uld not with accuracy be established 
at the close of the century in which they were found, rather tlian exclude them 
altogether. Indeed, it has been the object of the compiler not to omit recording 
the smallest scrap of paper upon which anything of historical interest could be 
found. The propriety of pursuing this course is well expressed by a recent 
writer, who insists: "that the loss of a single manuscript is often a sort of 
literary homicide; it is the utter and irremediable destruction of an author." 
To rescue from oblivion the smallest truth, may supply a missing link in the 
chain of events; and may in time prove to be the fragment, whi^h alone can 
restore the lost decoration, or repair the mutilated outlines of the temple. Mr. 
Herring, in his valuable compilation of the Statutes of Virginia, recognizes the 
wisdom of this policy, in having caused to be printed and preserved therein, tlie 
smallest items of legislative enactments; many of which are expressed in a 
single line, and upon subjects apparently of little value. 



INTRODUCTION. xi 



Under the authority to prepare tlie calendar, the compiler was limited to the 
loose and inisecured raanuEcripts found in the Capitol building; consequently ho 
has endeavored to embody in it nothing that may hc^ve appeared elsewhere, either 
in print or in the bound volumes of manuscript records in the same repository. 
One or two duplicate laws publislied in Herring, have been inserted, because of 
their relations to cotemporaneous matter. A few originial letters of George 
Rogers Clarke, extracted from tlie manuscript records of the Illinois Department, 
and certain others that have appeared in print elsewhere, have been incorporated, 
because of their intrinsic worth, and for the reason that with the possi- 
ble destruction of the manuscript volumes in which they are now bound, their 
loss would be irreparable. 

WANT OF HISTORICAI^ MATERIAL. 

It is a matter of serious regret that the documentary history to be 
found in' Virginia, is so meagre in amount compared with what she should 
possess. The circumstances of her origin and subsequent career entitle her to 
uncommon resources in this respect. Iler colonial existence, it will be remem- 
bered began amid events of the profoundest interest. It was just after Elizabeth's 
long and remarkable reign, when the spirit of adventure and the struggle for 
commercial and maritime supremacy excited by the enterprise of her favorites, 
had been transmitted to the minds of some of the influential and ambitious 
subjects of her immediate successors. Under the lead of these, the English peo- 
ple began in earnest to turn their eyes toward new fields of adventure soon 
after the settlement on tlie banks of the Powhatan had been shown to be prac- 
ticable. All classes of the community seemed moved at once with the desire to 
improve this opportunity for private advantage and the public good. The 
3'oung men, cavaliers and commonci-s, having listened to the accounts of those 
who had successfully accomplished the voyage across the sea, were stirred with 
anxiety to penetrate the wilderness beyond the Atlantic, and see for themselves 
the wonders of the Western world. Some, indeed, inspired with a romantic idea 
of the dangers to be encountered, left their homes in pursuit of fame, but the 
greater part, cheered with tlie hope of gain, looked alone to improving their 
private fortunes. 

As a consequence of all this, commercial enterprises sprang into existence, 
la due time under the auspices of the Loudon and Plymouth companies, and 
other kindred adventures, the tide of emigration from the old country steadily 
increased. The personal influence of prominent individuals gave countenance 
to these movements ; chief among whom were Sir Thos. Smyth and the Earl of 
Southampton. "While the affairs of the Virginia company, were under the direc- 
tion of the latter, its patrons so fully succeeded in engaging the public attention, 
that emigration to the Colony at one time amounted to a furor. 



xii INTRODUCTION. 



As might be expected, the infant community felt the reviving influence of this 
spirit of enterprise. It grew apace ; and before many years passed, its affairs 
had attracted the special attention of the home government. Its increasing 
prosperity was becoming a new source of revenue to the crown, at the same time, 
that Another field was afforded for the dispensing of the n^yal patronage. Soon 
we find the young State able to measure strengtli successfully against the savage 
world outside ; and while thus steadily enlarging its perilous frontier, it was also 
assuming at home the more evident importance of an established political 
autonomy. The increasing population of the Colony, allied to every part of the 
mother country, by the ties of kindred and association, had, by the remoteness of 
distance, lost nothing of their pride of descent. When they left the shores of 
England, they brought to their new homes in the wilderness, loyalty to the 
government they had left behind them, and a devoted attachment to the tradi- 
tions of their fathers. The habits, manners and customs, of the people from 
whom they sprung, thus formed the basis of their ordinary social life ; while for 
their literature and the established forms of their religious observances, they 
remained for a long period, as wholly dependent upon the parent State, as they 
were for the taffias and sugars, imported from Surinam, or for the pieces of 
linen brought to them in her ships from the town of Belfast. 

To control the afi'airs of this rising community, it became necessary to appoint 
Governors, or Lieutenants of the Crown. These, upon their arrival at "Jaines 
Cittie," at once established at that place their diminutive, but aristocratic and 
polished courts, and conjointly with the chosen representatives of the people, 
directed the internal policy of the Colony, subject to the approval of their 
masters at home. Although these dignitaries were generally denominated, and 
are now frequently referred to as Govenioi-s, many of them were merely Lieu- 
tenant-Governors or Vice-Gerents ; the real Governor, who had received his 
commission at the royal hands, in some instances, never personally appearing in 
his remote province. Thus, the Earl of Orkney enjoyed the honor and perqui- 
sites of Governor of Virginia for forty years, during which time he was content 
to resign to his Lieutenants, part of his annual pay and all the responsibilities 
incident to the position. When, however, the incumbent was the actual Gtov- 
emor, he was, by royal commission, also Lieutenant of the Crown ; hence, he is 
frequently described as Lieutenant a^id Governor. 

With the fortunes of the mother country, those of the Colony were of necessity 
intimately blended. The legislation on both sides was complex, and often times 
conflicting. On the one hand, it was to be adapted to the condition of a new 
and growing people in a wilderness far removed from the immediate sources of 
power, and who, for this reason, were to be supposed the best judges of their 
own wants. On the other hand, it had to be accommodated to the demands of 
an established oligarchy, whose administration of affairs very naturally assumed 



INTRODUCTION. xiii 



the air of a patron, and whose habits of arbitratory exaction, required a policy 
looking exclnsivly to the advantage of the home goveniment. The relative 
interests of both thus 4)ecame frequent causes of controversy. Indeed, they ' 
occasionally assumed an importance commensurate with tlie integrity of 
powerful political parties, and at times seemed to threaten the equilibriiftn of 
the government itself. In this way, conflicting views of the functions of govern- 
ments, involving discussions upon the rights of the people and the royal preroga- 
tive, became tlie themes of contending statesmen in the cabinet and in the 
forum. The affairs of Great Britain, and those of the chief of her American 
dependencies, in due time assumed an importance scarcely to have been antici- 
pated, when Smith and his followers first set foot upon the shores of the ancient 
Paspaheghs, or even, when the fleets of Cromwell came over to drive Berkeley's 
government fron^their seats at Jamestown. 

At the end of a century and a half, the feeble Colony of 1608, had become a 
thriving and prosperous State. A continent was yielding to her conquests. The 
standard of Virginia had already been borne to the waters of the Ohio and 
Mississippi, the seat of future empire. Sister communities had come into exist- 
ence, some through the same throes and trials with herself, while others had 
been carved out of her own territory. With these, interesting relations were 
established under tlie inspiration of a mutual depe^ndence, and the instinct of a 
common destiny. Consequently, when at last the great struggle for political 
enfranchisement came, Virginia, by virtue of her pre-eminent moral and physi- 
cal position, was found standing foremost in founding the great American 
empire. 

It is not intended, however, to trace here the career of this great Common- 
weath. Enough has been said, to show that under all the circumstances referred 
to; when we consider the facts of her settlement, her steady advance and 
developement, down to the date. of her establishment as an independent power; 
when the over shadowing influence she has ever exerted over the affairs of this 
country are recognized, one looks with more than ordinary interest to the study 
of her records during that long and eventful period. Unfortunately when these 
are sought for, few of the earliest, and therefore the most valuable, are to be 
found within her limits ; and w^e are constrained to repeat the lament of the 
learned Herring, when he says : " that although we have existed but little more 
than two hundred years, our public offices are destitute of ofiicial documents." 

However true tliis may be in regard to the earlier records, the author, atthe 
time this regret was expressed, would have derived some consolation from know- 
ing, that a considerable amount of manuscripts still remain, of the period 
of 1776, and onward through the time of the revolution down to the final 
restoration of peace. The value of these will appear in the future, when 
it shall be learned from their consideration, how the internal administra- 



r 

i 



XIV INTRODUCTIOK. 



tion- of affairs in Virginia, during that terrible straggle, conduced to the 
final triumph of the American cause, and throngh what trials her people 
passed, as year by year, the exactions of the government drove them almost to 
despair, and when, on this account, the hand of revolt was at times actually 
raised against the State authorities. It will also be seen, tliat the history of that 
period has never been fully written, and although the names and deeds of many 
worthies, now unknown to fame, shall bo tronght to light when this shall have 
been done, it is proper to add tliat much will also be discovered, calculated to 
disturb the complacency of those who have 'been taught to believe in the 
unanimity with which tlie masses are said to have resisted the British power. 
These remarks apply to the papers of 1781 and onwards, few of which appear in 
this volume. 

LOSSES. 

In view of the great losses sustained by the State, it may be worth our while 
to look into some of the causes c»f this disappearance of her records. Among 
these, may be enumerated the primitive way in which they were once kept- 
except when rendered less destructable by being put upon parchment and bound 
in vellum. To this may be added the losses which must have occurred on the 
several occasions when Jamestown became the scene of violence and conflagra- 
tion; the accidents to which the Colonial archives were exposed when the 
ancient Capital on the James, was deserted for the more attractive and rising city 
of the Middle-plantations, and finally, when in 1779 the latter ceased to be the 
seat of government; and when upon the apprehended advance of the British 
forces during tlie revolution, they were again disturbed and removed to Rich- 
mond for safety. It is probable many valuable manuscripts were lost at the 
destruction of the buildings at William and Mary College by fire, which had 
been left in them when the Royal Governors ceased to hold sessions of the 
Council within her walls, and when other government functionaries no longer 
performed their duties under her roof. 

At a later date, many suffered the consequences of Arnold's invasion of 1781. 
For, upon this occasion, although warned of the enemy's approach, a panic seized 
upon the powers at Richmond. The contents of the public offices were hastily 
tumbled into waggons and hurried off to the hills of Cumberland and Bedford, 
and to the most unfrequented parts of the upper James river country. Many 
were afterwards collected together which, in the confusion, had been left at 
private residences along the route from the Capital to Charlottesville, where the 
flying government had for a time found a resting place. More than this; when 
the wave of invasion had recoiled, and after comparative quiet had been restored, 
we find many of the public archives on the Quarter-master's trains as they were 



INTRODUCTION. xv 



returning by tedious and toilsome journe^-s tlirongh tlie gaps of tlie Blue Ridge, 
from their late retreat over the mountains to Stauntoi:. 

Add to these prolific causes of destruction, the free access to all coinere onco 
allowed, under the liberal policy of the State, to such documents as yet remained 
iu the rooms of the Capitol; the invasion of that building by inquisitive, 
followers of the Federal forces, upon the occupation of Richmond in 1865, the 
destruction of the State Courthouse by fire at the same date, and we are not at a 
lt«s for reasons why Virginia has been deprived of so much of her documentary 
history. 

It cannot be inappropriate, in tJiis connection, to put upon record also, some of 
the data, upon which an estimate may be made of her calamities in this whole- 
sale career of destruction. Many years have not passed since documents of 
more than ordinary value were to be seen in the Capitol, but w^hich have since 
disappeared. Among these were land patents on parchment, (particularly one to 
Lord Fairfax,) bearing royal sign manual ; instructions from the Privy Coun- 
cils to Colonial Governors and from the Jjords Commissioners of Plantations, 
bearing impressions of their appropriate seals, and autographs of the Secretaries 
Sunderland, Walsingham, Godolphin, Bolingbroke, Addison and others. 

Among the most valuable of these missing manuscripts, was an original draft 
of a solemn protest against the lately- revealed machinations of the Papists and 
Jacobins, by which the pereon and throne of William III, seemed to be endan- 
gered. This was signed by most of the House of Burgesses and by leading 
gentry, and pledging themselves, their fortunes and sacred honors to the support 
of the House of Orange, against the enemies of England and the protestant 
faith. It was doubtless, one of those " Associations," moved in the House of 
Commons by Sir Rowland Gwyn in 1696, so many of which at once sprang into 
existence over the Kingdom, and to which Lord Macauly refers briefly, in a foot 
note to his history, as having been also found iu the Colony of Virginia. The 
list of losses is further increased by the disappearance of manuscript narratives of 
conflicts with the savages in the dark and turbulent days of the frontiers, written 
by some of the actors in those perilous adventnres. Conspicuous among these 
was a diary kept by Col. Wm. Christian, of his operations against the Indians in 
the Southwest. Not less valuable were the fragmentary but graphic accounts of 
services rendered by the State Navy during the revolutions of 1776, of which 
organization so little is now known. Particular reference may here be made to 
one, descriptive of the heroic action off Tangier Islands in the Chesapeake Bay, 
known as the " Battle of the Barges," in which Col. John Cropper, with the men 
of Accomac went to the assistance of Com. Whaley, of the Marjland fleet, and 
with them, successfully encountered the British Buccanneer^ under one Kid, who 
had been up to that time, the terror of the people living along the shores of 
Maryland and Virginia. 



xvi INTRODUCTION. 



Empty envelopes of a later date, endorsed as containing original Icttei-s of 
Wasliington, Jefferson, Madison, and otliors, have been found rifled of their eon- 
tents by the marauder, and have most probably gone into the hands of relic 
liunters, or to enrich the collections of foreign historical societies. But, by far 
tjie most serious loss sustained, was at tlie accidental burning of the State Court- 
house in Richmond in 1865, in which were consumed almost the entire records 
of the old General Court, from the year 1619 or thereabouts, together with those 
of many of the County Courts, which had been carried to Richmond for safe-keep- 
ing during tlie civil war of 1861, with, also, may of the records of the Court of 
Appeals. The importance of this disaster can only be realized when it is remem- 
bered what an important relation the General Court bore to the history of the 
Colony, from the time when the semi-military government, which for the first 
years of its existence controlled its affairs, had passed away, down to a compara- 
tively late period. 

This august and aristocratic body was always composed of the class know4i at 
that time as "gentlemen;" men of wealth, family and influence, and whose 
official stations added still more to their importance. ' They, with the Governor, 
formed the Executive Council, who dispensed the entire patronage of the Colony 
in the way of official appointments, at the same time, that eacli individual mem • 
ber was himself commissioned " Colonel " by royal authority. To this fact may 
probably be traced the habit in Viginia of decorating prominent men with empty 
military titles even at this late day. Their functions were legislative as well as 
executive. They, with the House of Burgess composed the General Assembly, 
and in their separate capacity formed an upper house; a sort of mimic chamber 
of Lords, who, not only had power to amend or originate measures, but otherwise 
exercised a controlling influence upon the legislation of the lower branch of the 
Legislature. 

So exclusive were they in their assertion of their peculiar powers, that tlie 
House of Burgesses, although closely associated with them in administering the 
affairs of the Colony, were denied access to their journal, except by special permis- 
sion, and any attempt to remove this restriction was deemed a positive indignity. 
They formed the nucleus of that aristocratic element in tlie Colony, whose 
power over the masses remained dominant imtil the more popular system of 
County Courts came to their relief, and when the country " squire " began to 
supplant the haughty barons, who so long ruled at " James Cittie " and Williams- 
burg. When acting as a judicial tribunal, they held four annual sessions at 
^' James Cittie," and sometimes at ** Elizabeth Cittie," and subsequetly at 
Williamsburg. Upon these occasions, all persons having business with the 
Court, or, who had been summoned by the " High Sheriff " to attend ; lawyers, 
litigants, jurors, witnesses and culprits, no matter at what remote part of the 
country they lived, were required to repair to one of the above places, no matter 



INTEODUCTIOK. xvii 



at what persoual inconvenience or annoyance. This state of things continued 
until the jurisdiction of the County Courts were, from time to time, extended to 
meet the wants of the people. At the same time, however, that they exercised 
these aristocratic functions as a Council and power as a Court of Law, they were 
singularly jealous of any encroachment upon their own privileges, or upon the 
chartered rights of the people on the part of a Governor, wlio might undertake 
to exercise an undue prerogative. Witness, for instance, the able argument made 
by Wm. Byrd, Esq., (Cal. p. 192, 1718,) against an effort made by Spotswood to 
reate a new Court of Oyer and Terminer, contrary to the terms of the Colonial 
charter. 

When, therefore, it is remembered what were the multifarious functions of 
this body, the variety of interests submitted to its consideration, and the length 
of time through which its ix)wers extended, one may imagine the amount and 
value of the historical information lost by the destruction of the manuscript 
volumes on the occasion referred to above. A hasty glance will suffice to show 
what was contained in that ill-fated and perishable repository. 

Within its walls were stored, wrapped in vellum and written upon parch- 
ments, the oldest titles and land patents on the Continent, excepting perhaps tlio 
ancient muniments confirmed by the Spanish crown to the first settlers of 
Florida. There were to be seen, recorded iif full, enactments of the eailiest 
dates, to which bare reference is made in the rich compilation of Mr. Herrinp; ; 
there too, were to be found, put upon record for future inspection and instruction, 
judicial decisions extending through long series of years, and involving the 
highest principles of English law : the details of trials, civil and criminal, illus- 
trating tlie geneological history of their several periods, and giving an insiglit 
into the state of morals, manners and customs of our fathers, might there have 
been read and studied for our instruction; and there doubtless, the historian 
might have found how, step by step, arbitrary power suffered gradual decay, as 
the republican element began its upward and struggling career, to the time 
when the will of the people had assumed almost entire control over the affairs 
of the Colony ; and lastly, there were to be found, decorated with the seals and 
autographs of the great, the royal instructions to Colonial Governors, the ordei-s 
in council and directions from the Lords Commissioners of Plantations, and the 
different enactments of the Colonial Legislatures, under the combined influence 
of which the Colony's resources had been gradually developed, and came finally 
to be welcomed as important additions to the Rt^yal Treasury. In fine, it was 
within the neglected and perishable confines of this ill-fated building, that > ^Aatot- 

reposed in fancied security, historic treasures, affording not only uncommon ^ 
attractions to the antiquary, but of inestimable value to the investigations of the 
annalist; and 'with its destruction, passed away forever, the venerable and 
picturesque literary remains of an age teeming with interest and pregnant with 

3 



I 

1 

\ 



xviii INTRODUCTION. 



events, a knowledge of which is now indispensable to the full measurement of 
Virginia history. , 

In the summary of losses enumerated above, may be properly included, otlier 
sources of information, reference to which may be made in connection with this 
hasty resume. The papers of prominent individuals frequently bore important 
relations to certain periods of Colonial history. This was especially the case 
when their writers had been honored with oflicKil trusts. The gratification 
experienced upon the late recovery of the Spotswood manuscripts, the fortunate 
preservation of the Bland papers, the Westover manuscripts and other literary 
relics of like character, affords a happy illustration of this. It cannot be sup- 
posed, however, that "Cawsoii's," and "Joidan's" and "Westover." were the 
only private respositories in which important documents might have once been 
found. The abodes of the numerous patrician class, who so long inhabited 
ancestoral homes scattered over Virginia, from Arlington House and Ilungar's, 
on the Eastern Shore, to Temple-farm on the Western ; from the region about 
Green-spring and Stafford house, to Greenway-court, the extreme limit of the 
Northern neck; and from Bacon-castle and Varina, to the cliffs of Tuckahoe and 
Dungeness, must have abounded with historical material, accumulated through 
the correspondence and diaries kept by their intelligent occupants. Many of the 
latter, it should be remembered, \tere connected by ties of blood, with influen- 
tial families in tlie old country. Others having occupied important posts nnd ^ 
the government, had established intimate relations with leading men of state, 
and had maintained familiar intercourse with their friends abroad. In the coui-se 
of their correspondence, matters of public concern, were not only discussed, but 
in the scarcity of prijiled newspapers, their letters abounded with incidents of 
private history, and recorded the curr<int news and talk of the day. Of such a 
character was a long and interesting T^er (once to be seen in the Capitol,) 
written by BoHngbroke, to a friend in the C3vh>"y? s'^'^g ^ graphic account of 
the victory at Kamilies, and it its effect upon London society ; reporting the safety 
of friends and the loss of others, the families bereaved, with speculations and 
comments as to the probable results upon the war in Flanders. Even at this 
late day, there are doubtless remaining in the lofts (vf old mansions, and in the 
possession of descendants of those who once occupied others long since passed 
away, many valuable papers now regarded as worthless rubbish. 

Of more importance, possibly, was another class of documents, very few of 
which now remain. From these was to be gathered information growing out of 
tlie domestic industries of the Colony, and its commercial relations with other 
countries. The value and quantities of staple commodities produced, the 
amount of shipping entered and cleared at the ports of entry, and the develop- 
ment of the agricultural and manufactures of the Colony in this connection, 
were mattere of important consideration. 



INTRODUCTION. xix 



The "Naval Officer" as ho was called, or Collector of Customs, through whom 
exports were sent away, and under whose supervision articles of commerce 
were received into the country, was generally selected, not on account of his 
political opinions, but from among the intelligent and educated of the com- 
munity, and because the responsible duties incident to administrating the laws 
i-egulating trade, required the services of such an one. Next in importance to this 
personage, was the factor or commission merchant, who resided either at one of 
the chief towns of the Colony or abroad, and upon whose integrity and business 
capacity depended the financial results of the yearly operations on the plantations, 
whereby the proprietor was supplied with the means of extending his agricul- 
tural adventures, indulging his peculiar tastes, and adding to his stock of negro 
slaves. The functions of both these, necessarily bore important relations to the 
welfare of the State and to the community at large. If, therefore, the records 
of their offices and " Compting Houses," could have been preserved for onr 
inspection, a most valuable amount of statistical data would now enable us to'esti- 
niate the resources of the Colony at any given period. The limits of our enquiry 
would then embrace a large and interesting field. It would be necessary to go 
back long anterior to the time when the ancient City of Hampton was the port 
of entry for Norfolk Borough and the neighboring Counties, and when York- 
town, from her site at the gate way of a magnificient harbor, had reason to hope 
she would become in time, the emporium of the Western world. We should 
find it profitable to antidate, in onr observations, the time when Dumfries and 
Port Royal, Leeds, Urbanna, and South Quay, were ports of entry, and were 
aspiring to become important centres of traffic and wealth, when the area of cul- 
tivation should have greatly expanded, and when a teeming population should 
be occupying the lands beyond the blue hills of Augusta. With few exceptions, 
however, these records have suffered the fate of those, to which reference has 
been elsewhere made. Eemnants of them, however, lie scattered at intervals 
along the pages of this Calendar, supplying important items of information, and 
suggesting the value of those not to be fond. We are as much surprised to find, 
from these for instance, that there was a time when the County of Fauquier, now 
devoted to an entirely different hui?bandry, produced nearly as much tobacco as 
tlie great district of Halifax or Pittsylvania, as we are interested, upon learning 
throufijh the correspondence of the Earl of Sunderland, that in the year 1708, the 
(Colonies were actually so proficient in the manufacture of cotton, wool and 
linen, that the planting of that important staple "had been laid aside" in many 
parts of the country. The importance of this latter statement, will be duly 
appreciated, when it is remembered what a source of revenue tobacco was to the 
crown, and how good a market the Colony furnished for the manufactures of the 
mother country. In the same connection with the above, our curiosity is excited 
to find the exact date^at which clover was first introduced into the country as an 



XX INTRODUCTION. 



improver of agriculture, when we find it mentioned for the firet and only time, 
in these papers, by a gentleman writing to his commercial agent in London, as 
late as 1768, for a supply by a vessel expected to arrive the Spring of the same 
year. 

Many of the official reports of " Kaval Oflicers" still remain. These will be 
arrranged in tables, by way of appendix to this compilation as the most con- 
venient form for reference. 

In drawing to a close this part of onr subject, it cannot be amiss to refer to 
the porsistance with which private individuals retain in their possession, valua- 
bles, which, with mistaken pride, they keep constantly exposed to the common 
accidents of life. This has been a fruitful cause of loss. Mr. JefEerson admitted 
the impolicy of this practice, when he passed into the hands of Herring, the 
manuscripts from which part of his work was compiled, and the English officials 
in charge of the archives, that were thought securely protected in their ordinary 
places of deposit, when they came to be examined under the late orders of 
government, found entombed among them the skeletons of vermin, that had 
starved to death in their effort to live upon food that would have enriched the 
annals of British history. 

The occasional burning of some Colonial mansion, (few of which now remain,) 
or of some more modern homestead, frequently involves the destruction of relics, 
paintings or manuscripts, which had successfully survived the ravages of time 
and the casualties of war. Now and then, a more serious addition is made to 
the list of misfortunes, by the accidental destruction of some of the County 
Court offices, as was the case with that of Nansemond, when in 1867, the build- 
ing with the entire records, dating back to 1632, were consumed by fire. 

HISTORICAL EES0UKCE8 OF THE STATE. 

Before leaving this branch of the subject, it were well to put upon record the 
unpublished resources remaining to the State in the Capitol at Richmond, and 
elsewhere witliin her borders. These consist of bound manuscript journals of 
the Executive Councils ; the earliest of which dates back only as far as 1705, 
and with frequent interruptions coming down to the latest times ; of a few other 
manuscript volumes of the Legislative Council, containing some of their proceed- 
ings when exercising the functions of a Court, and when sitting as the upper 
branch of tlie " Grand" or " General Assembly." The latter commence with 
the year 1697, and continue with occasional interruptions through 1720 and 
down to 1744. 

To these may be added the valuable documents brought from England abou 
the year 1859, by Angus McDonald, Esq., under authority of the Legislature 
and the rich collection of manuscripts lately procured by those in charge of the 
State Library, from the Colonial series in Her- Majesty's Record Office in London, 



INTRODUCTION. xxi 



through Mr. Noel Saiiisbury. When the latter shall have been published, they 
will be found supplying, not only a large deficiency in the general history of the 
Colony, but will especially contribute to the period immediately preceding the 
date of the first paper recorded in this Calendar. 

By the destruction of the records of the General Court, these documents have 
acquired additional interest and value. Then follow several volumes of Execu- 
tive correspondence, pertaining chiefly to the period of the Revolution of 1776, 
a few letters from which have appeared in print. These contain important 
information relating to the administraiion of the internal affairs of the State 
during that eventful struggle. Add to the above, fragmentary records of " the 
Illinois" department, consisting for the most part, of muster-rolls and Quarter- 
master's accounts, with a few other unimportant transactions in the Western 
country; sundry papers relating to the Virginia Navy of the Revolution, and the 
list of bound manuscripts in this department is exhausted. From the cases of 
the Auditor's and Land Ofiices, much might be collected to serve the purposes of 
the annalist. 

When we go out of the Capitol, however, other important sources of history 
are to be found. Among these, are the records of the old County Courts, a class 
of papers that have heretofore been too much neglected. They are all, more or 
less valuable. The most ancient however are particularly so, and afford sources 
of information it may be of a purely local character, but which, on this very 
account become the truest exponents of the period they illustrate. An 
illustration of this occurs in the valuable collection made by Mr, Peter Force, 
where he has put upon record the temper of the public mind, just antecedent to 
the breaking out of the Revolution of 1776. In many instances, the action of 
the people on these occasions amounted in spirit, to resistance to the British 
power, long before any formal declaration was made by an organized govern- 
ment. How important then was it, that such facts should become the property 
of the historian. 

The County organization in ViTginia was a reflection of the old Shire system 
of England, with its appropriate officials civil and military, and its recognized 
centre of municipal authority. It was a sort of microcosm of the State. The 
County Lieutenant, its chief officer, was originally described as a "Commander 
of Plantations," over a certain territory, whose limits were prescribed by the 
Qovemor in Council. As in England, he was a man of consequence, or Knight; 
so in Vii^nia, this office was invariably bestowed upon some one of the class 
known as "gentlemen," and who was generally a large landholder. He gov- 
erned the County in Virginia, as did his antitype, the Shire in the old country. 
His powers were executive, rather than judical ; and upon him rested the respon- 
sibility of a faithful administration of the affairs of the community over which 
he presided. He could, when necessary, order out the military and account to 



xxii INTRODUCTION. 



tlie (xovernor and Council afterwards for bis conduct. The officers of the 
militia were subject to his orders, and even Court martial? were organized and 
sat upon trials at his behest. Ih a word, he was in every respect as much the 
representative of the power resident at the seat of the Colonial government, as 
the latter was of the Crown itself. 

To tlie County Court was entrusted the judical conduct of affairs ; and in time, 
it succeeded to many of the functions of the General Court and other tribunals 
of Oyer and Terminer, when, as the limits of the Colony expanded, it became 
necessary to furnish the increasing population with convenient centres of juris- 
dicton. 

The members of this G)urt were in the beginning, as early as 1629, called 
"Commissioners of Plantations;" and to their judical functions were super 
added the performance of certain other duties peculiar to the regions of country 
over which tJiey were appointed to preside. They too were in the beginning men 
of substance and influence, and it was no empty honor to be recommended to the 
Governor in Council, as one worthy to become a "Justice of the Peace," as he 
was subsequently called. 

Indeed, from the time this tribunal was established, down to a very recent 
period, the functionaries who sat upon its benches, were generally selected as 
exponents of all that was pure in character and patriotic in purpose. Their 
gratuitous services received no reward, but the applause of their countrymen, 
except when the Senior Justice, having served more than two years, chose to set 
up his traditional claim to tlie office of Sheriff. Even then, if he were not con 
sidered a fitting person for so responsible an office, neither his high social position 
nor his official prestige could secure for him the favor of his associates. In 
addition to other rjequirements, the strictest punctuality was exacted in attending 
upon the regular sessions of the Court. No station in life, no claims of business 
or blandishments of pleasure afforded immunity from censure, or from the^ 
imposition of the lawful fine for non-attendanc^. Thus we find old Mr. Kandolph, 
of " Curls" complaining, that although he had already served nearly forty yeai*s, 
and might, therefore, have been excused on account of bodily infirmity and the 
distance he had to go " in his chair," he had been visited by the Sheriff to collect 
the fine imposed for absence from dutj'. So again, as appears from papers 
herein recorded, worthy gentlemen refused to set upon the bench with those who 
were habitual swearers or drunkards, or against whose personal demeanor any- 
thing at varianace with their sense of decorum or estimate of character could be 
establiblied. 

To such a standard of virtue was legitimately traced the tone of public senti- 
ment BO long prevalent in the oflicial administration of affairs in Virginia, when 
the " Justice of the Peace" was its true examplar, and when the people had 



INTKODUOTION. xxiii 



been taught to regard the County Squire as in all respects the impersonation of 
justice, dignity and decorum. 

The "SherifF' of the County was generally selected from among the mem- 
bei-s of the County Court, especially if he had served on the bench with credit 
for more than two years. It was above all other considerations, necessary that 
he should be a fiting pei-son for so responsible a trust. His ability to give the 
Becurity required, his acknowledged business capacity and unimpeachable 
diameter were his chief recommendations. 

The office of " Under Sheriff" or deputy, was of scarce less importance. In 
the earlier days 'of the Colony, the coroner, or "crowner," was something more 
than inquisitor upon the bodies of persons the cause of whose death, might be a 
matter of uncertainty. In addition to this important function, his commission 
made him " a principal conservator of the peace," and he was required to "bear 
record of the pleas of the Crown." Ho was always a man of consequence, and 
generally a large landholder. 

For County Surveyors, intelligent and well educated pei'sons were generally 
appointed, and for a long period of time, were required to submit to an examina- 
tion from the learned faculty at William and Mary College, and licensed accord- 
ingly, before undertaking the duties of their office. 

At the desks of the Courts sat an official, the performance of whose onerous 
duties, involved not only the exeicise of vast labor, but of exceeding accuracy of 
detail. His work^was to be done promptly and well, even to the use of the pen, 
he wielded with so much grace and skill. The ceaseless exactions upon his time 
required the exercise of patience and urbanity in answering the demands of all 
comers; and there were occasions when, upon his opinions, and upon his personal 
influence and experience, the very scales of justice seemed poised. The interests 
of the community at large, were, perhaps more closely connected with the 
responsibilities of his office, than with any other part of the County organization. 
Tlic sanctum in which he presided, was the place of resort for all classes of 
people in pursuit of information, as multifarious in character, as it was important 
to their several interests. From it went out all the various forms of official 
process, by which^the mandates of the law were] en forced; and within its walls 
reposed, under his^ custody, the charter and titles to tliat, without which, the 
State itself can scarcely be regarded an entity. In a word, it is not too much to 
say, that upon no official in the entire country, was imposed the perfoimance of 
morej important functions ; of whom was required the* exercise of so many 
virtues ; or, who was more distinguished for the higher endowments of mind and 
heait, than was the Virginia *^'Clerk of the olden time. It is proper to add, that 



* Always pronounced as if spelled " Clark." 



xxiv INTRODUCTION. 



while other offices were frequently vacated, the incumbents being required to 
give way, perhaps to unworthy successors, the Clerks of the Courts, for the most 
part, were allowed to remain undisturbed until the lapse of time had made them 
as venerable in place, as they were in years and experience. Indeed, in 
numerous cases their seats seem to have become hereditary by custom ; the 
virtues and training of the sons often recommending them as fit successors to the 
honors and emoluments left by their departed sires. In many parts of Virginia, 
to this day, are the descendants of those whose family names for generations 
appear upon the records of these honorable worthies. 

The usual list of constables, deputies, overseer of roads, and others, filled up 
the measure of the County officials, as modifications of the system, from time to 
time, became necessary to meet the increasing demands of the public. 

Although this hurried and superficial review has been deemed expedient, it is 
not proposed to attempt an elaborate account of this time honored system, as it 
came down to us, from one generation to another venerable with age and fruit- 
ful of conservative influences. To do this would require the limits of an 
extended treatise. It would become necessary to explain its origin, and trace its 
honorable career for more than two hundred years, from the time of its creation 
down to the date of its recent modification. It would be proper to enter upon 
an analysis of its several functions, and the peculiarities growing out of their 
administration ; to show how these were born of that love of liberty, so intuitive 
in the Anglo-Saxon race, and which, as time progressed, contributed so much to 
the developement of conservative republicanism in its once fruitful and vigorous 
growth in Virginia. 

Bound up with such an account, would necessarily be much of the individual 
history of our people, in which would bo discovered those moral and other 
influences that acted and reacted upon the communities under its control. In 
the contemplation of such a theme, it would also become a grateful task to revive 
tlie memories and associations so long connected with its existence, and with 
those respectable functionairies, who age, after age, administered its several 
departments; to recall, among many other reminiscences, the stated gatherings 
of the people upon its numerous " Court Greens," on which occasions all classes 
were to be seen assembled, the gentleman and peasant, the master and his slave, 
grouped together under the shadowy domes of primeval oaks, or attending upon 
the sterner duties of the County tribunal. Those scenes, however, with all their 
suggestive accessories of time, place and incident, are passing away. The actors, 
and the system they illustrated, already stand upon an uncertain back-ground, 
and are fast fading from the realm of history into that of tradition. 

In view of these facts, the ancient records now dozing in the dusty cases of the 
County Court offices demand our attention. As has been said above, they 
occasionally become a prey to destruction ; hence the propriety of causing to be 



INTRODUCTION. xxv 



eliminated from tbem all of historical valne contained in them that it may bo put 
beyondthe possibility of loss. In the meantime some restriction should be imposed 
upon the too easy access to them, sometimes allowed to a class of literary dilet- 
tanti, who make a profit of their prying propensities, and whose zeal in this 
direction, is measured by the money price of an autograph. 

As far as possible, the names of the County Lieutenants, of those who com- 
posed the General Court, and County Courts, Clerks and others, have been pre- 
served, and it is proposed to append to this work a list of the same. It will 
become the roll of an aristocracy of merit, to which the geneologist may refer 
with pride, as time shall continue to hallow the memory of the just and good. 

Another valuable source of information left to Virginia, is to be found in a 
copy of the records of the " Virginia Company," in two volumes, said to be now 
in the keeping of a gentletnan of Richmond. The history of this manuscript 
is discussed with great clearness in an account of " Stith's History of Virginia" 
in the Southern Literary Messenger, for September, 1863, prepared by an accom • 
plished antiquarian and leai*nod ^lawyer of the same city. The limits of this 
article will not permit an extended notice of the arguments for or against the 
authenticity of the document here referi*ed to. But, inasmuch as Mr. Neill's pub- 
lication of that company's records, is far from being a complete one, and con* 
sidering the profound interest with which ever}' event of the period embraced 
within the limits of its duration is regarded, the publication of the entire account 
should not I e delayed. Should these volumes be found to contain much tbat 
heretofore has been unknown, the fact should give additional activity to the zeal 
in search of everything relating to the history of this renowned Commonwealth. 



MODKKN INVESTIGATIONS, AC. 



The propriety of recovering from loss and preserving in future, everything 
bearing upon the history of Virginia, will be appreciated when it is discovered 
what direction is given to antiquarian researches in these modem days. Indeed, 
it is not going too far to say, that in certain sections of the country we fear, there 
is an increasing disposition on the part of some of the principal writers of 
American history, and others, whose literary tastes tend in the same direction, to 
impair if possible, the claims of this ancient Commonwealth, to much of her 
historic renown. We may be pardoned, therefore, if a sensitive regard to the 
interests of our State in this respect, shall require a few examples, though of 
apparent unimportance, in illustration of this remark. Witness for instance, the 
effort now made to prove that Smith's account of his romantic adventure with 
the Princess Pocahontas was but a figment of his o^vn brain, and that no such 
event as that discribed by him ever occurred. Should investigations in this 

 Wniam Green, Esq. 
4 



xxvi INTRODUCTION. 



\ 



direction, by poBsibility result in showing that the redoubtable discoverer had 
really never been rescued from death by the devotion of Powhatan's daughter, 
the epic age of the Colony will not only suffer the loss of an incident, nnrivalled 
for pathos in the records of history or romance, but the truth of any other state- 
ment made in his narrative, may with propriety be questioned whenever the 
occasion may require it. Thus the whole train of events connected with the 
founding of the Colony, and the adventures of the hero, whose career was so iden- 
tified with the dawn our history, may in time become the subjects of unceasing 

doubt. 

Another instance tending in the same direction ; but differing in kind, is the 
attempt of a certain class of patriots to impair the value of the marble effigy of 
Washington in the Capitol at Richmond, as a correct representation of the great 
original. This may not seem at first glance to be as important a matter as it will 
appear upon due consideration. Whatever may be the object of this class of 
investigators, the subject should not fail to excite concern on the part of Vir- 
ginians. The truth is, the American public and the world at large, have too long 
been taught to accept Gilbert Stuart's picture, as the national portrait of Wash- 
ington. This is proven by the fact that it is found reproduced in every possible 
relation su^ested by a pre-determined purpose. It appears upon postal stamps 
and financial promises to pay ; it adorns the walls of the rich, and is found in 
the cabins of the poor; it decorates the prints of Insurance Palaces and the halls 
of Public Departments, and is exhibited in the more secluded precints of literary 
and antiquarian retreats, as '^ par execellence" the portrait, canonized above all 
others in the hearts and judgments of the American people. This should not 
be so. Whatever of merit can be claimed for that picture as a work of art is 
justly its due; and it is entitled to equal credit as a correct likeness of the man, 
at the time it was taken. This, however, is no rea€on why it should be received 
as the only representation, which should give to the world a proper conception of 
the great original, as he may be supposed to have appeared in the strength and 
pride of matured manhood. 

At the time Stuart's work was done, Washington's phj'siognomy was seriously 
distorted by a cumbrous set of artificial teeth inserted by an inexperienced hand^ 
when the dentist's art had not reached its present perfection, and when the 
materials used for such purposes were taken from the jaws of other persons. 
For this reason, the observer will not fail to recognize in this picture the 
expression characteristic of tlie human face, when its framework has suffered 
from the effects of time and decay, and when the ineffectual attempt to restore 
its contour, as in this case, has but added deformity to its senile and wasting out- 
lines. Such a condition of things, however, cannot be detected in the strong 
lineaments of the face and head upon the statue at Richmond. If, therefore, it 
should be found, upon a careful study of Houdon's pi'oduction, that Stuart's 



INTRODUCTION. xxvii 



work does not furnish such a representation of Washington as should faithfally 
present him to tlie world, and that, for this reason, the theme still invites the 
aspiring hands of genius, a step is taken towards disabusing the public mind of 
at least one false impression of the many that now continue to misterpret the 
history of this country. 

Another object, however, of those so much interested in undervaluing the 
merits of the Richmond statue, may be attributed to their partiality for other 
effigies of Washington, and to their desire to protect these from a fair comparison 
with the master piece of Houdou. 

An amazing amount of ingenuity has been exarcised in the effort to 
sliow that even this work, although so well authenticated, was perhaps, as much 
the creation of the artist's fancy, as was Smith's " true relation," the dream of 
our hero's imagination. In this, however, we think they have signally failed. 

To suppose that the best sculptor of his day should have undertaken a journey 
of six thousand miles over a perilous sea, to'make the statue of a man whose 
fame at that moment filled the world, and when success in the enterprise must 
reflect upon himself something of the glory that encompassed the illustrious 
original, and after all, allow himself to faU in securing an accurate representa- 
tion, would argue a degree of folly, on the part of the artist, amounting to fatuity 
itself. Had, however, his subject been a dead hero, instead of a living imper- 
sonation, he might with impunity have created an ideal adapted to the occasion. 
But fortunately for us, this was not the case. Washington stood before him. He 
was expected to make a statue that should be as acceptable to his cotemporaries, 
as it should be considered worthy of transmission to posterity. He found him- 
self too, surrounded by those whose eyes had looked upon their chief on the battle 
field and in the camp, and had sat in his presence at the council board. They 
were, therefore, familiar with every expression of his face and person, and it is 
to be presumed would be exceeding jealous of tlie least attempt to do violence 
to truth in perpetuating the features of that serene and majestic countenance. 
Indeed, if ever artist had incentive to attain success in such a task, it may be 
supposed that the sculptor of Mirabeau and Franklin and Yoltaire, and the idol 
of the French Ace demy would have been the last to risk his well earned reputa- 
tion, upon an occasion so important to his future fame. 

Before leaving this subject, it is deemed appropriate to consider briefly another 
instance of far more significance than the two referred to above, in which the 
truth has not been clearly stated, and in which justice has not been done to the 
fame of Virginia at an important period of her history. The learned author of 
Bancroft's history of the United States, in his short notice of the career of Gen. 
George Rogers Clarke, wherein he refers to the military operations of tliat 
remakable man, by which the vast domain of the Northwest was secured to 
Virginia, and subsequently ceded by her to the general government, uses these 



I 



xxviii INTRODUCTION. 



words, " for men he relied solely on volunteer back woodsmen of Southwestern 
Pennsylvania, and from what we now call East Tennessee and Kentucky." 
[Vol. X, c. viii, p. 194.] 

The distinguished author must have been ignorant of the facts, and, therefore, 
supposed he was making a fair statement in recording these lines. The truth of 
history demands, however, that the false impression produced by such a perver- 
sion of words should be corrected. A few facts, we think, will suffice for this 
purpose. 

From the language of Clarke's well authenticated letter to *George Mason, 
dated November 19th, 1779, at Louisville, Falls of Ohio, giving his account of 
this famous expedition, it is plain to any candid reader, that no sneh statement 
as that made by Mr. Bancroft can by possibility, be deduced, from anything 
therein contained. So far from this, it is clear from almost every word he records, 
and from the language especially used by him in connection with the difficulties 
he was called npon to encounter in recruiting men for this undertaking, that it 
was from Virginia he expected, and finally got force sufficient to venture upon 
his enterprise. In corrobemtion of this, it is enough to refer to the language he 
nses, when at the close of one of those characteristic displays of enthusiastic pur- 
pose in the contemplation of his designs, and when as if despairing of any other 
aid, he exclaims, ^^ I was resolved to push to Kentucky with what men I could 
gather in West Augusta 1" This was, indeed, his final determination. The 
country thus described was in reality Virginia, and had never in any sense been 
claimed as part of " Southwestern Pennsylvania." The vast territory extending 
from the head-waters of the Rappahannock and Hedgeman's river, east of the 
Blue Ridge out to the Ohio, had been known as Orange county, until it was divided 
in 1738, into Augusta and Frederick counties. At the time of Clarke's expedi 
tion, the latter county had been subdivided into several large counties, occupying 
the entire region between the Potomac river to its sources, and the northern 
limits of Augusta, which was a fline drawn from the head waters of Hedgman's 
river, now the boundary between Rappahannock and Fauquier counties, west- 
ward to the Ohio. Where then was Western Pennsylvania? And how could it 
be possibly inferred, with the words of Clarke in mind, that any of the men " he 
pushed to Kentucky " with, could have been gathered from the region referred 
to by Bancroft. If this region was anywhere, it must have been north and west 
of the waters of the Monongahela and Alleghany rivers, inasmuch as the country 



* Letter to George Mason, of Yirginiai with sketch of his campaign in the Illinois in 1778-9, 
with an Introduction, &c., by Hon. Henry Pirtle, of LoaisvUle, with private and public instruc- 
tions to Chirlce from the Governor of Virginian-published at Cincinnati, by Robert Clarice & 
Co.— 1869. 

fHening's statutes. 



INTRODUCTIOK. xxix 



immediately traversed by these streams was Virginia, by virtue of occupation 
even before the advent of the French, and doubly hers by subsequent conquest 
and occupation. — [Cal. p.277,Capt. Trent's expedition.] 

The asseition of the learned historian does not find corroboration in the lan- 
guage used by Clarke at another time in the ^written statement made to Gover- 
nor Jefferson, when referring to his efforts to recruit men for this campaign he 
says: "I found also opposition to our interests in the Pittsburgh country. As 
the whole people was divided into violent parties between the Virginians and 
Pennsylvanians respecting territories. The idea of men being raised for the 
State of Yii^nia affected the vulgar of one party, <&c., (of course Pennsylvanians.) 

in addition to all this, it sliould be remembered, that the officers upon whom he 
chiefly relied were Virginians ; who like himself had emigrated to ^^ the Ken- 
tucky," then a part of Virginia. Captains Bowman and Helms, from Frederick 
and Fauquier respectively were put in command of the Ports of Vincennes and 
Katokia, after their surrender to Clarke's arms, while- to the former, he subse* 
quently entrusted the most important commands. It should also be borne in mind 
that Gov. Henry's instructions to Clarke, ^' empowered " him to " raise these men 
in any county in the Commonwealth," an extent of country then embracing an 
empire, reaching from beyond the sources of the Potomac on the North, to the 
North Carolina line on the South, and from the ocean to the banks of the Missis- 
sippi. 

The country described in Mr. Bancroft's words, ^^ as we now call East Tennessee 
and Kentucky," was practically occupied by Virginians ; the latter being actu- 
ally a " district " of Virginia, at the date of Clarke's expedition. The valley of 
the Holstein had been penetrated by them as far back as f Governor Loudoun's 
administration. Forts had been erected, trading stations established, treaties 
held, and purchases of land made from the Indians, up to the time when settlers 
from North Carolina began to occupy that part of the country. The Vii^nians, 
however, being called upon to defend their frontiers in Kentucky against the 
savages of tlie North and West, and the Carolinians having succeeded in van- 
quishing the Cherokees in the South, the control of this region passed out of the 
hands of the former, although many continued to reside in the conquered coun- 
try. Late in the revolutionary war Tennessee was recognized as part of North 
Carolina, while the limits of Virginia continued to include Kentucky as a ^^ dis- 
trict" If, then Clarke procured men from one or both of these two sections, 
they must either have been North Carolinians or Virginians. As the former have 
never claimed to have taken part in that memorable campaign, the credit of the 
conquest is due to the latter, in conjunction with a few gallant Frenchmen who 
joined Clarke after the fall of Kaskaskia. 

* Dillon's History of Indiana, p. 133. fBamsay's annals of Tennessee. 



\ 



XXX INTKODUCTION. 



Unfortunately too, for the trnth of the Btatement, by wliich the impression is 
sought to be made that the " volunteers of Southwestern Pennsylvania," dis- 
played such zeal for vs^estern conquests, at a later date, and when Clarke was seri- 
ously in want of troops to prosecute his plans against Detroit, he affirms with 
regret, (as will be seen from original papers to appear in the second volume of 
this work,) that after every effort made, he could not recruit a man in that part 
of the country for a diverson so important at that crisis of the war. He had 
been promised men for this purpose by the authorities of Virginia, and the regi- 
ments were actually formed and ready to move, when the invasion of the State 
by Cornwallis from towards the Carolinas required the services of every available 
soldier in that direction. Nothing daunted by this disappointment he endeavored 
to rally volunteers from Hampshire and other Northwestern Counties in Virginia, 
but was met by their County-Lieutenants with orders from the government at 
Richmond, for all the militia of the country to aid in repelling the advance of 
the British from the South. The stores for the expedition had already been accu- 
mulated at Pittsburg, and had the men of Pennsylvania listened to his appeals 
in this extremity, Clarke would not have been forced at last, to abandon the 
cherished plan of his life, by resigning the opportunity of pushing his conquests far 
into the enemy's country, for a comparati velj' inglorious foray, subsequently made 
with a few followers, upon the hostile tribes along the Ohio and its tribntants. 

The truth is, that to Virginia and her people (Mr. Bancroft to the 
contrary notwithstanding) belongs the sole credit of having secured by 
conquest the vast empire of the Northwest, by virtue of which, the 
claims of the Lfnited States at the general peace in 1783 were supported, and 
without which the Canadian frontier would have come down to the Ohio river, 
and perhaps to the eastern side of the Mississippi. That country had been wrested 
by the English from the French. It had long been held by the former, who with 
their savage allies, during the war of the revolution were constantly threatening 
the American frontier from that quarter. No American, save George Rogers 
Clarke had ever carried conquest into it, until the date of the captnre of Kas- 
kaskias and the surrender of the British Grovernor Hamilton and his garrison at 
Vincennes. Whatever claims might have been set up to it by some of the other 
States under their original charters, the validity of such claims would never have 
been admitted in the terms of the treaty by the English, inasmuch as the title 
held by the latter had been derived by conquest from the French. The final 
ownership was found, at the close of tl^e war, to vest in the State of Vir 
ginia, through the daring and enterprise of her heroic sons. To her, therefore, 
pertained the best of all titles, viz ; the right of honorable conquest ^Atten* 

* These subjects have recently enga^d the attention of Wm. Wirt Henry and Sherwin McCrsB, 
Esqs., whose investigations have been eminently successful in vindicating the truth of hbtory in 
these particulars. 



INTRODUCTION. xxxi 



tion has boon thus hurriedly drawn to these isolated eases, in which the 
effect has been to do violence to truth, in its relations to parts of Virginia history. 
They should, however, afford satisfactory reasons why a more sensitive regard for 
the traditions and renown of our State should bo cherished than has heretofore 
prevailed. 

CHARACTER OF TIIE INFORMATION HEREIN CONTAINED. 

It 18 not pretended that the pages of this Calendar will reveal to the reader 
any historical novelties of startling interest. The information they contain is 
ctorroberative as well as suggestive; in the one instance opening new channels of 
enquiry, in the other contributing to the removal of doubts. As hinted in 
another place, many documents are herein recorded, comparatively of little value 
when considered by themselves. As when substances of negative qualities, sub- 
jected to the requisite conditions, suddenly reveal to our senses the consistency 
and transparency of a material, which at once transmits as well as reflects the 
rays of light, so these, placed in appropriate relations with others, frequently 
assume an unexpected significance. In a work of this kind it is also safer to 
record too mnch, than risk the danger of omitting items of the smallest interest. 
The facts of liistory should not always be expected to appear of extraordinary 
importance at first glance. The historian like the miner, cannot afford to overlook 
the minutest objects coming under his observation. From an inspection of such, 
may be unexpectedly discovered deposits of treasure under the most unpromising 
surface. More than this, no period of a people's history can be properly under- 
stood, nnless considered with reference to its integral parts ; for of these at last 
it is to be constructed, when the annalist shall undertake their arrangement. 
Namerous illustrations of this may be found scattei*ed along the course of these 
pages. If for instance, it is seen, in a short statement of grievances sent up to 
the Burgesses by the people of Accomac, that nearly a hundred years after the 
settlement at Jamestown, the wolf was still^a marauder and a pest on the slip of 
land between the Chesapeake and sea, the fact is as important to the history of that 
period, as that horse-thieves hanged to death by the neck, and felons burned in 
the hand in presence of the Court, more than a century later, illustrated the 
criminal jurisprudence of the corresponding time And so, when we find Qov- 
nor Spotswood refusing to allow a gentleman of his time to hire one of the dusky 
subjects of the Queen of Pamunky, to serve as a domestic, and another to kill 
game for his table, unless he shall first get her consent, and then give bond to 
return them to their acknowledged sovereign upon her demand, it is not only 
proved thereby that such a potentate actually reigned over her ancient people at that 
date, but that her royal prerogative was duly recognized and enforced. Again, 
if as it appears from the contents of a single paper recorded in this Calendar, 
that whales were actually taken in the Chesapeake Bay, by licensed fishermen 



xxxii INTKODUCTION. 



in boafs built for tlie purpose, as early as the year 1710, the fact discloses the 
pursuit of a traffic in these waters, not heretofore known, and which must have 
been of singular importance to the commercial interests of the Colony at that 
time. 

And so at a much later date, when it is found that to supply the patriot forces 
in Virginia with bullets, during the war of 1776, it became necessary to take 
away by impressment, the lead which held in place the glass window panes of 
private dwellings ; we are not only informed of the mere domestic use to which 
that metal was applied before the introduction of modem devices for this pur- 
pose, but we learn to appreciate the desperate straits to which the State was 
tlien reduced, for materials out of which to create her ammunition. It is not, 
however, necessary to multiply examples in illustration of the principle referred 
to above. These are deemed appropriate, as indicating the manner in which 
material may be best preserved for the use of the annalist or the historian, and 
to show that the policy observed in arranging this work, is not without its 
advantages. 

And here may, with propriety be indulged, a train of thought suggested by 
what has gone before, and especially by what has been said in another con- 
nection, with regard to the want of documentary records of Virginia. The 
history of this great Commonwealth is yet to be written. The respective pro- 
ductions of Smith, Beverly, Stith, Burk and others, including the later works of 
Howison and Campbell have merits pecular to each, and on this account are ' 
of exceeding value. When we add to these, the numerous relations, narratives 
and monographs upon special subjects, comprising a sort of debris of historical 
literature, from which much of value may be collated not elsewhere to be found, 
tho list is much increased. But whatever may be said of these, severally and 
collectively, it is undoubtedly true, that the sum of their entire contents, though 
embodied with all the skill and learning of the most accomplished historio- 
grapher, would fall far short of furnishing a true account of this Commonwealth, 
from its beginning as a Colony down the latest times. To supply such a work, 
the want of which must be acknowledged on all hands, would be a grateful, but 
a herculean task. 

It is not important to discuss here the reasons why this must be so. When it 
is remembered how intimately the career of Virginia is identified with the rise 
and growth of this vast empire, now known to the civilized world as America, 
the mind at once comprehends the proportions of such an undertaking. Argu- 
ments is not necessary to prove this close relationship. The record of events 
from the appearance of Ealiegh's fleet off her coast, down through a career of 
more than two and a half centuries, when duly considered, will establish the 
fact. Indeed so true is this, that a writer who shall undertake a history of the 
entire United States, might perliaps, in the construction of his work, venture to 



INTKODUCTION. xxxiii 



pa88 by unnoticed, scconnts of some of the other American communities of 
acknowledged importance. But in regard to Virginia, it is not too much to say, 
that he would find there is not a moment of time during that entire period, when 
he conld aflEord to depense with her presence. If this be doubted, let him wlio 
shall attempt such a work as the one suggested above, consider well his task, 
before he shall disr^ard the lightest claim of her, who long impersonated the 
fate of empire on the shores of the new world, as did the fabled deity, who we 
are informed once stood sole custodian of the destinies of the old. 

What has just been said in regard to the need of a connected and comprehen- 
sive history of Virginia, may be illustrated by referonce to one period, a full 
review of which has never been made. We refer to the century following 
immediately upon the close of Bacon's rebellion, down to the war of resistance 
to George the Third's government, a period full of significance to the future 
history of the Colony. It was during these hundred years that she had entered 
upon a career of development, which in time caused her to emerge from a con- 
dition of weakness to one of strength. It was also during this era that were set 
in motion, by slow but certian degrees, those moral and physical forces, which 
were ultimately to play an impor'ant part in the sepai-ation of all the American 
ct>]onie8 from the mother country. Where among the works enumerated above, or 
in any other now known, is its history to be found, except in the most disconnected 
and fragmentary form ? The narrative of Burke, by far the fullest and best 
account of Virginia yet compiled, is singularly defective here. The worthy 
historian, perhaps for want of other material, has occupied this extended time 
with the comparatively unimportant incidents suggested by the departure of one 
Governor from the Colony and the arrival of another. The chronological order 
of events, consequent uix)n such changes, with tlie necessary references to the shift- 
ing relations between the home government and that of the Colony, are duly put 
upon record. The negative and uncertian outlines of the several administra- 
tions, as they succeeded one to another, are drawn in so perfunctory a manner, 
tliat their monotony is scarcely disturbed, except by such episodes as the trial of 
Giles Bland or the persecutions of Beverl3% 

A considerable space is very properly devoted to a consideration of the Ameri- 
can savage and the country he occupied, as they both appeared to the first Eng- 
lish adventurers, with more particular descriptions of the numbers, customs and 
cliaracteristics of the Indian tribes then dwelling in the territory now known as 
Virginia. 

The remarkable administration of Spotswood however, which formed so con- 
siderable and important a part of the early history of this period, and which, for 
vigor and enterprise, was unequalled by that of any other Governor of the 
Colony, seems to have been almost entirely ignored. A reason for such neglect 

cannot well be found. Kpongh is known of this pei'sonage and of his executive 
5 



xxxiv INTRODUCTION 



career, to show him to have been no ordinary man. A short reference in tliis 
place, to some features of his administration will not be amiss. Endowed with 
an active mind and great force of character, as soon as the direction of affairs 
came into his hands, an impctns was given to the fortunes of the Colony, 
unequalled in any previous administration, and which did not cease to be felt, 
until long after he was removed from power, and when the events of a much 
later time had inaugurated a new era in the history of the entire British realm. 
Nor was it only within the limits of the country immediately under his control, 
that his talent for the conduct of affairs was exhibited. 

His influence over the rulers of neighboring provinces : his power among and 
his solicitude in behalf of the Indian tribes, then a large and important element 
of the population, subject to his government ; his successful efforts in extending 
the area of civilization, by penetrating the wilderness on the West, and by 
encouraging the arts of peace among the hostile tribes of the far South, illus- 
trated the vigor of his external admiuistiation. His energetic and liberal policy 
was especially shown by the prompt and efficient aid he from time to time, 
afforded some of the other provinces in their troubles with savages. Thus the 
colonies of Maryland and Pennsylvania, in the North, became the recipients of 
his aid and counsel at one period, while in the South, the Carolinas at another, 
were rescued from threatened destruction at the hands of the Tuscarora tribe of 
Indians, by the liberal use of the means at his disposal, and that warlike and 
powerful nation finally put beyond the possibility of further mischief to the 
Southern frontiers. 

If at home his measures sometimes appeared arbitrary, it will probably be 
found upon enquiry, that they were directed rather against the overshadowing 
power of the executive council, than opposed to the exercise of any rights claimed 
by the people. Hence, grew the well-known controversy with that aristocratic 
body, when he attempted to create, by his own appointment, new members of a 
Court of Oyer and Terminer, most probably with the view of contributing to a 
more convenient and liberal dispensing of justice throughout the Colony. 
Admitting, however, that there may have been at times, just causes of complaint, 
against such a disposition on his part, the latter was to be excused in a ruler, 
whose evident purpose it was to advance the material interests of the community 
entrusted to his care, and who, by virtue of his inherent qualities did greatly con- 
tribute to the prosperity and importance of his Province. More than this, he may 
have recollected how, but a few years before, a captious party spirit had pursued 
the faithful and active Nicholson, until his enemies at last succeeded in driving 
him from office, and how even the excellent and amiable Nott, during his short 
career, had not escaped the shafts of censure ; and profiting by these examples, he 
probably determined to mark out for himself a line of conduct to be purauc^d, 
regardless alike of the opposition of enemies or the protest of friends. Be this as 



INTRODUCTION. xxxv 



it may, the Colony never had at the head of its government, a more active and 
capable executive, or the crown a more faithful and efficient Lieutenant. In 
discliarging the duties incident to his numerous official trusts, nothing seemed to 
escape his vigilance. At the same time that his care was bestowed with more 
than paternal solicitude upon the details of a system of schools, for christian- 
izing the Indians, his watchful attention was not withdrawn from the conduct of 
those whose duty it was to provide for the welfare or safety of the Colony itself. 
Thus, in many of his addresses to the House of Burgesses, he hesitated not to 
rebuke, in the severest terms, their fancied want of wisdom, or their failure to 
provide promptly for the wants of the country at some crisis in its affairs. 

Having succeeded to power soon after the removal of the seat of government 
from Jamestown to Williamsburg, he exercised his taste in decorating the new 
capital, at the same time that he endeavored to increase the comfort of its 
inhabitants by the employment of every means looking to its more solid improve- 
ment. Thus, in a few years he had done much in causing a comparatively rude 
settlement in the forest, to become a spacious and attractive town, at once the 
seat of learning and the abode of wealth. 

Under all the circumstances, therefore, it is not only a matter of regret tliat 
the era, whose outline has just been so hurriedly traced, should have failed to 
receive the attention due to its importance, but that the career of one of its most 
prominent personages should have incidentally suffered the same neglect. Other 
striking examples might be added in confirmation of what has been said in regard 
to the want of a proper account of the Colony, and the subsequent history of the 
State. Those already given, however, are deemed sufficient for our purpose. 

SEALS. 

Some of the documents herein recorded are particularly valuable on account 
of their bearing impressions of the Koyal, Colonial and other official seals. Tlie 
number unfortunately is small, and is limited to the short period included between 
the time of James II. and the latter part of Queen Anne's reign. These, 
however, are deemed of sufficint importance to require special notice. 

The earliest of these, dated 1686, September 1st, is a writ of election for 
certain members of the House of Burgesses, issued at Rosegill, by the Governor, 
Lord Howard, Baron of Effingham, to the sheriff of Northampton County. What 
his Lordship was doing at that ancient family seat, does not appear from any- 
thing contained in this mandate to the aforesaid official of Northampton. He 
and his Court must have been visiting guests at the place, unless it was his own 
private abode, before having become the property of the Wormley's, or of their 
predecessors. In the latter case, unless the Colonial Governors at this time had 
authority to issue writs of election of their own will and pleasure, it is to be 
presumed the Council must have attended him in his retirement at such a dis- 



xxxri INTKODUCTiON. 



tance from the capital. Certainly there is nothing to show that Kosegill was 
ever recognized as a place of official residence, from which might be sent out the 
orders of the Colonial Council. 

The impression of the Colonial Seal on this document (as with all others herein 
found) is upon wafer. It displays a shield in the centre-field, quartering the 
arms of England and France first and fourth, with those of Scotland and Ireland 
second and third ; enclosed by the order of the Garter and its appropriate motto. 
In the Exerquc appears the words " En dat Virginia qnintnm ; " the whole sur- 
mounted by the crown proper, and flanked right and left respectively, by the 
characters " C." « R" 

The next document upon which an impression of the seal appears is a commis- 
sion to Francis Page, Esq., as Clerk of the House of Burgesses, dated 1688, April 
24th. This bears the autograph of Effingham, but in every other respect is too 
imperfect to be accurately described. 

These two are the only papers upon which the Colonial Seals ai^e to be seen 
during the reign of James II. 

In 1701, March 12th, it is found upon a warrant issued by Governor Francis 
Nicholson to Colonel Wm. Byrd, authorizing and requiring him to impress horses 
and other piivate property, needed in the King's service. This impression is sim- 
ilar to that described above on the writ of election issued by Effingham, except 
that the characters " W." " E " take the places of " C." " R.," flanking the crown 
right and left respectively ; and upon the " Fess-point " is displayed an " Escutch- 
eon of Pretence," bearing the arms of Nassau, William III. then being on the 
throne of England. The motto "En dat Virginia quintum," appears on the 
Exerque, as in the case of the impression of 1686. 

Upon a Land Patent dated 1703, October 23d, bearing the. autograph of Gov. 
Nicholson is an exact duplicate of the impression just described, including the 
ancient motto, " En dat Virginia quintum." 

The fii-st seal found of Queen Anne's time is upon an official communication 
to Gov. Nicholson, dated 1704, July 6th, giving instructions in regard to the dis- 
position to be made of prizes captured by her 8hii>s of war and taken into the 
ports of the Colony. The royal sign manual and seal both appear upon this ; the 
latter being a shield quartering the arms of England, France, Scotland and Ire- 
land, enclosed by the order of the Garter, and upon the Exerque the motto in 
abreviations, "Anna D. G. Mag. B. R, F. R., et Iliber. Regina, Fid. Def.," the 
whole'surmonnted by the crown proper. 

The Colonial Seal appears once more upon a proclamation, issued by Governor 
Nicholson, in the name of the Queen, 1704, December 15th, ordering a "solemn 
thanks-giving day," in honor of the victory at Blenheim. This impression, 
although very imperfect in its other features, clearly displays a scroll bearing the 
words " En dat Virginia quintum." Whatever changes may have been made in 



INTKODUOTION. xxxvii 



the Royal and Colouial Seals incident to the death of William, it is a significant 
fact thatfor a onsiderable part of Anne's reign, this relic of Charles' time was 
still- retained. 

In 1705, October 22d, William Robertson, Esq., was commissioned " Clerk of 
the Geneml Assembly :" a phrase nsed here for the first time in describing that 
branch of the government, instead of tlie words " Jlouse of Burgesses." Tlio 
document conferring this honor bears the autograph of Gov. 'Nott^ with an 
impression of the Colonial Seal, identical with those already described, excepting 
that at the base of the shield appears a scroll bearing tlie words " semper eadem.'i 
The motto in the Exerqne is imperfectly preserved thus, " En dat Virgin ." 

Whether this ancient and epigramatic sentence terminates in like manner with 
those on the impressions heretofore described cannot be determined. There is 
reason, however, for believing that a change had been made in the Colonial Seal 
abont this time : for we find upon the next specimen coming under inspection, 
not only the same scroll bearing the words " semper eadem," but that in the 
motto in the Exerque, the word "quintum" has given place to "quintam." It is 
therefore fair to presume, that in as much as the scroll and words " semper 
eadem," found upon the impression on Robertson's commission, are also seen on 
the one just referred to, the unfinished motto of the former may with reason be 
read " En dat Virginia quintam." 

The document upon which this new impression appears is dated 1710, December 
12th, and is a Warrant for "Laying the County Levy of James Cittie," issued by 
order of Gov. Spotswood to Ed. Jacquelin, Gent., Sheriff, &c. 

The remaining impressions are those of the Royal Seal, as already described, 
together with several of the Privy Council. One of the latter is seen first upon 
an order in Council, dated 1707, repealing an " Act for raising a Public Revenue, 
&c., of this Her Majesty's Colony and Dominion of Virginia," &c., &c., which 
had been passed in 1705 by the Colonial Legislatui*e. The impression here 
displays the centre-field without escutcheon or shield, but is emblazoned with 
the " Rose and Thistle," emblematical of the union of England and Scotland, 
which had just occurred : having for supporters, right and left, respectively, the 
Lion rampant and crowned, and the Unicorn rampant, gorged and wearing a 
coronet. At the base appears a scroll bearing for its motto in abreviations the 
words " Sigill. Priv. Coneil.," the whole surmounted by the crown proper. 

From the descriptions here given of the impressions of the seals found upon 
the limited number of documents coming under our notice, it will be perceived 
that in a majority of these, the probable relation borne by Virginia to the other 
parts of the British realm, certainly from the time of Charles IL, and most 
probably, as we shall see, from the accession of the first James, seems to be 
clearly indicated by the habitual use of the word " quintum." Notwithstanding 
what has been here and elsewhere found, bearing upon this subject, it remains a 



xxxviii IK TRO DUCT ION. 



matter of doubt what was the seal habitoally need by the Colonial Government 
from the earliest times down to the separation from the mother country. Under 
the several Charters of Virginia, granted by King James, designs. for the seals of 
the London and Bristol companies, and for the Councils in England who 
were to cx)ntrol their affairs, were provided therein by special mention. A des- 
cription of these will be found in Hening's Statutes, Vol. L, p. 61 : and it is there- 
fore unnecessary to refer further to tliem here, except to add that no impression of 
any of tlieso has been seen among the archives of Virginia left on this side of 
the Atlantic. According to a foot-note in Neill's history of the Virginia Com- 
pany, however, the " Cote of Arms," or seal of the latter is thus described : " The 
escutcheon is quartered with the arms of England and France, Scotland and 
Ireland ; crested by a maiden queen with flowing hair and eastern crown. Sup- 
porters: Two mon in armor, beavers open, helmets ornamented witli three 
ostrich feathers, each holding a lance. Motto: En dat Virginia quintura." From 
this description of the company's seal, it will be observed how much it differs 
from those recorded in the old charters referred to above : while it is worth 
noticing that in the same foot-note it is said the King hereby intended to dignify 
Virginia as the fifth kingdom or dominion of his realm, Scotland having become 
the fourth upon his accession to the throne of England, France and Ireland. 
The use of the word '^ quintum" is therefore seen to have appeared upon the 
Colonial Seal at a very early date, whatever differences of opinion may exist as 
to the origin, genuineness, or subsequent use of the latter, or in whatever form 
it may have appeared during the subsequent history of the Colony. 

It must not be taken for granted, however, that the devices just described as 
having constituted the seal of the Virginia Company were subsequently adopted 
for the use of the Colony, and appeai*ed upon its seal so long as Virginia re- 
mained dependent upon the crown. This is indeed stated in the same foot-note ; 
but unless the fact can be substantiated by evidence more conclusive than any 
now to be found, it must remain a subject of further investigation. 

The seals referred to in Hening may have been used by the two Virginia Com- 
panies respectively as long as they were in existence. After their dissolution, 
and for want of another, the government at " James Cittie," or the Council at 
Whitehall may have adopted a modified form of one of them for the use of the 
Colony. Of this, however, there is no evidence. Admitting for the sake of 
argument this to have been done, or supposing the ^' Cote of Arms" or seal, de- 
scribed in the footnote to Neill's history to have been the Colonial Seal after the 
destruction of the Virginia Company, in view of what is seen in the papera therein 
recorded, it is impossible that either of these could have contimied to be the seal 
of the Colony during the entire time of its dependency to the crown of Great 
Britain. Had this been the case, it is fair to suppose that an ^^ impression" of 
some one of them would have been seen among the older papers left in the 



INTRODUCTION xxxix 



Capitol, instead of tliose therein found and already described in these pages. A 
print jot the seal described in Neill's foot-note, is occasionally to be seen ; bat 
the fact that it has been reproduced in the frontispieces of the earlier editions of 
histories of Virginia, and was for a long time used as a book-plate in the misoel- 
laneons collection of old volumes belonging to the Colonial Council, and subso- 
quently to the State Library, docs not prove it to have been the official seal during 
the corresponding period. If it was thus preserved for so long a time, 
it may be enquired with reason, why it should not also have been found upon 
official documents in some form or other during all this period. The habit of 
giving it the conspicuous positions just referred to, seems to have grown into 
a custom by which a relic of the past was to be preserved, rather than with any 
intention of recognizing it as the symbol of official authority. 

Upon the accession of King Charles I., in 1625, the Virginia Company had 
passed away, and it may be supposed that with its destruction, had also been in- 
volved the disappearance of all traces of its corporate existence. Its ^' Cote of 
Arms," or seal, whatever it may have been, must therefore have shared the same 
fate. 

That such was the case is more than probable from the fact, that the first 
impression of a seal found among the papers herein recorded, although 
upon a document of the time of James II., bears upon its face, in conjunction 
with other significant devices, the characters "C." "R" Carol us Kex. Which 
Charles is hereby indicated, cannot be determined ; because, although the dates 
of documents upon which impressions of seals appear, are generally given, that 
of the latter is never seen. The seal upon which the characters " C." " R." 
appear, although used in the time of the second James, may have belonged to 
that of Charles the I. It is fair to presume that in as much as James I. had 
authorized the employment of the word " quintum" upon the earliest Colonial 
device, of which we have any jcliable account, his son and successor would not 
have seen fit, without good cause, to make any change in this respect. Admitting 
this to be true, and consequently that the seal, whose impression is found upon a 
paper dated 1686, had been used in the Colony at the accession of Charles I. and 
therefore immediately after the dissolution of the Virginia Company, what 
becomes of tlie statement that the one referred to in the foot-note of Neill's 
History continued to be used by Virginia during her entire existence as a Colony ? 
And what ground is there for Ihe opinion entertained by many that the latter 
was indeed the seal ^of the Colony down to the time of the Revolution of 
1776? 

If it be supposed that the seal bearing the characters "^C." "R.," and to which 
reference has just been made, had been created by the second Charles, it must 



xl INTRODUCTION. 



have been done, either because his father and his grandfather had authorized it, 
or because he himself saw fit to rehabilitate the Oonlony with her ancient 
dignity. 

In tlie latter view of the case, it is not unwarrantable to suppose that in so 
doing, Charles, immediately upon his restoration, instructed that she should in 
truth be considered his " Ancient Dominion," not only because her escutcheon 
had so long borne the evidence of this dignity, but also because he had reason to 
know that she had never acknowledged the usurpations of Cromwell, or submitted 
to his rule until overpowered by the fleets of the Commonwealth at the time 
they threatened to destroy her defenceless capital on the James. 

It cannot be objected to what has been said above, that the impression found 
upon the writ of election issued by order of Effingham in 1686, is not that of 
the Colonial Seal. In the performance of this duty, he was exercising a function 
specially vested in the Colonial Governors and their Councils ; and had there 
been any other seal under which his official mandate was to be enforced, it would 
undoubtedly have been employed on this occasion. 

We are not expected to account for the disappearance of the seal described in 
the foot-note, so often referred to, if it be true that it had ever been for any 
length of time the recognized symbol of the Colonial Government. The fact 
that one of an entirely different character, so far as concerns most of its devices, 
is found to have been in use, perhaps little more than twenty years after the 
dissolution of the Virginia Company, cannot fail to attract notice ; and that it 
continued to bear the ancient motto : " En dat Virginia qnintum," although 
important changes had otherwise been made in it, is equally significant. Indeed, 
from an examination of most of the "impressions" found among these papers, it 
is apparent that all through the time of the Stuarts down to near the middle of 
Anne's reign, Virginia enjoyed the dignity of being considered the fifth king- 
dom or dominion of the realm; and even after the union with Scotland, 
her ^importance was duly acknowledged by the use of the word " quartam'' 
upon her seal, instead of "quintum," by which she was dignified as the 
fourth estate. 

It has not been considered necessary to notice here other impressions of seals 
found, inasmuch as they are but reproductions of the Royal Arms and Seals of 
the Privy Council, specimens of which have already been described. Most of 
the older Shires and Counties had their respective seals, which were used upon 
do<iuments of more than ordinary importance, and it is to be regretted that not a 
single impression of one of these has been found. Tlie seals of the Naval or 
Custom Offices frequently appear in wax, and bear for device the symbolical 
anchor without motto- 



INTRODUCTION. xli 



Owing to the number, variety, and want of connection in the documents here 
recorded, a review of what they contain, must of necessity be hasty and imper- 
fect. Although attention will be drawn in the main to such as are of more than 
common significance, occasionally it may be proper to notice particular items^ 
which must seem of little interest until they shall have been duly considered. 
Examples of this will be found frequently to occur. Thus the phrase " Last fall 
of the Leafe," which might otherwise escape observation, is worthy of notice as 
fnrnishing the origin of the word "Fall," so commonly used in Virginia, instead 
of " Autumn," universally applied elsewhere in describing that beautiful season 
of the year. So with " flfreshes," a word employed by the people of the olden 
time in describing the smaller streams oi fi*esh wa*er that flowed into the 
^' marishes" or marshes, and into the estuaries and larger rivers affected by the 
salt water of the contiguous sea. These doubtless derived their names from the 
contrast betweea their waters and those of the briny receptacles just mentioned. 
When, however, by reason of a great fall of rain, they became so much swollen 
as to make an impression u[)on the waters of the larger streams or estuaries, a 
^^ freshet" was said to- exist in the latter. The use of this expression having 
been transmitted from one generation of people to another, has caused it to be 
applied in modern days to every ordinary overflow now occurring in the more 
inland streams. 

The first document here recorded is entitled to more notice than the reference 
made to it in the foot-note at the bottom of the page. It is the sole representa- 
tive of those relating to the time of the English Commonwealth; and it may, 
therefore, suggest an interesting enquiry, as to whether all the other papers of 
tliat eventful period were destroyed on purpose immediately after the Restoration, 
or perished in the general destruction to which reference has been made in another 
part of this introduction. 

In addition to other features, its value is enhanced by its bearing the autographs 
of Bennett and Clayborne, two noted men, whose careers in Maryland and Vir- 
ginia had long been of singular interest to the history of these Colonies. The 
former is here described as "Captain General," instead of "Lieutenant and 
Governor, cfec," in accordance with the military characterister of Cromwell's 
policy in the Colony as well as elsewhere. The original name of the Bay now 
known as Mobjack, seems by this paper to have been " Mockjack." 

An interval of eight years occurs after the date of this paper, at the end of 
which Sir Wm. Berkeley re-appears as Governor. The entries immediately suc- 
ceeding, although not important in themselves are valuable, as illustrating the 
the genealogy and customs of the times. There are shown in th^ numerous 
petitions relating to subjects of purely domestic and local characters. An account 
current discloses the price of certain articles of wearing apparel at this date. 

A peculiar kind of tobacco is here first referred to as "Arronoca," or 
6 



xlii INTEODUCTION. 



" Orinoco.'? Whether this was due to the fact that the seed of this particular 
variety had been brought from the banks of that river, or whether it derived its 
name from its value in the traffic with the coast of South America does not 
appear. 

As late as 1675 it was unsafe to settle upon the lauds bordering the Mattapony 
river, on account of the Indians, this being now the frontier, and at this date 
they still occupied the country opposite the mouth of Queen's Creek. That due 
regard was had for the rights of emancipated slaves; tliat persons were required 
to have their children christened at the proper time ; and that beaver-skins had 
not yet ceased to be important representatives of values, will be learned from 
entries of the same date. 

The first reference to the Parishes, into which the country was subdivided, is 
found in the provision for the dividing of Blissland Parish, allowed by the 
General Court, upon the unanimous consent of the parishioners. And here it 
may at once be said, that as far as can be learned from records herein preserved, 
the affairs of the Established Church, as it then existed in the Colony, do not 
present to our observation a flattering appearance. Petitions for the division of 
parishes were common, because as the inhabitants extended their settlements, 
these became too remote from the few stated places of worehip, at which they 
were obliged to attend. A change was therefore occasionally necessary for their 
convenience. The complaints of the people, however, were more frequent against 
their unworthy and exacting ministers. Some of these were presented to the 
grand juries, and prosecuted for swearing, and for being addicted to tlie use of 
strong drink; while others seem to have been engaged in endless controversies 
with their vestries and people in regard to their glebe privileges, and the amount 
of tobacco they were to receive for their services. Those who are familiar with 
the administration of her affairs in the Colouy, will find an explanation of this 
state of things, by remembering that it was too much the practice of the mother 
church, in the earlier times, to send over to America the least worthy of her 
servants. Many of these could not perhaps be well provided for at home, and 
were therefore, when despatched to the wilds of Virginia, expected to make what 
they could, out of their exposed and precarious livings. In some cases, too, they 
were young men, sons of influential persons, who had been allowed to take holy 
orders in a church, and to assume the responsibilities of an office, for the practice 
of whose self-denying virtues they were entirely unfitted. Many of them had 
perhaps brought reproach upon their professions at home ; and as was common 
at that day, in both the great branches of the Christian Church, the offender, in- 
stead of being deposed from the ministry was transferred to some remote region, 
with the hope that a withdrawal from the scene of his shortcomings to one less 
fraught with temptation, might have the effect of restoring him to a holier state 
of mind and heart. 



• J^'u* 



INTRODUCTION. xliii 



That there were nomerouB exceptions to the cases just mentioned, is equally 
true. Tlie records of the early church in Virginia abound with the names and 
deeds of holy and earnest men, whose lives were in striking contrast with those 
of the profligates, who occasionally brought reproach upon her ; and what is here 
said therefore, in regard to the latter, has reference solely to what is found in the 
pages before us. 

A garrison had been established oti the Mattaponi river sometime before the 
year 1679, either for defence against the savages, or perhaps during the troubles 
incident to Bacon's Rebellion. And here it may be proper to disabuse public 
opinion of the false idea that this ancient river derived its name from the four 
small stream, the " Mat," " Tay," " Po," " Nye," at whose confluence its real 
course begins. The tribe of Indians who dwelt upon its banks much lower 
down the country, had given it their name long before its sources could have been 
known to the whites. The latter event could not have occurred until about the 
year 1721, when land grants were established in that region by the Gorbins, 
Chews and Beverleys. 

It is curious to observe that about this time one " Arnold" had been executed 
for "high treason" in Virginia ; he may have been one of Bacon's followers. A 
Coramisoion of Instructions from Charles 11. to Thomas Lord Culpeper, shows 
that the latter had been appointed " Lieutenant and Governor General" on the 
8th July, 1676, computing the time from the death of Charles' father, as was 
always done after the Restoration. He, however, was not to be recognized Gov- 
ernor until the death of Sir Wm. Berkeley, which did not occur until the middle 
of the year 1677. Jeffreys and Chichley were therefore acting Governors until 
Calpei>er came to Virginia. * The first mention made here of Indians purchased 
for slaves is in 1685. 

At this time Capt. Francis Page was made clerk of the House of Burgesses ; 
and negroes illegally imported into the Colony were forfeited to the crown. The 
tone of public sentiment is exhibited in the prosecution of " Major Charles Scar- 
bargh for using seditious language against the King, on account of certain 
appointments made by him to the supposed detriment of the established church. 
Voluntary relinquishment of office seems not to have been allowed, if we can 
jndge by the "humble petition" of one who had long been a "Justice of the 
Peace," and " Captain of Horse," praying to be relieved of the responsibilities 
incident to such positions. This also occurred with Col. Burwell, at a later date, 
who desired to retire from the Council. The year 1689 is singularly barren of 
papers, although an important period in the history of the mother country. The 
Indian tribes were generally manifesting discontent not only with the whites but 
with each other ; and on this account the Chickahominies beg to be allowed to 
remove to " Rickahock," on the north side of Mattaponi, for safety from the 



xliv INTRODUCTION. 



threats of the " Pamamucks." This place they had derived by exchange for 
lands lying "opposite the English inhabitants on the south side of Mattaponi 
river," showing this to be the limit of white settlements at this time. 

Considerable coasting trade was carried on between the Colonies, atid a pro- 
test against the seizure of a vessel belonging to Pennsylvania, in the Chesapeake, 
and against her being forced to pay a large ransom for her>elease, shows the 
independent relations existing between the Colonies. Hampton was an impor- 
tant port of entry at this time. 

The first order for the collecting of vessels into fleets, bound to England, is 
now seen. Merchantmen, although many of them mownted guns, were required 
to assemble at given points and put to sea in fleets and under convoy of men-of- 
war. This was done, not only that they might be protected from pirates and^ 
from privateering vessels, both of which were very numerous, but when trans- 
porting tobacco, it was necessary often to compel them to carry their cargoes to 
some British port. This important staple had become so valuable, and its price 
in every part of the civilized world was so high about this time, that forcible 
means had to be employed to prevent its diversion from the markets of England. 
Her exports to the Colony depended upon receipts therefrom in tobacco, and the 
revenues of the crown were correspondingly affected by the traffic in both 
directions. During Gov. Nott's administration, this restriction was removed by 
order of the Queen in Council, at the earnest solicitation of the masters of vessels 
and the ownei-s of merchandize. The former complained that their " bottoms," 
not being coppered, were ruined by the attacks of marine insects while lying so 
long at anchor, and the latter had suffered serious losses by the detention of their 
stuff, especially in the damage d(me to tc)bacco long kept in the heated holds. 
The crews too were often made ill by continued exposure to the climate of the 
Colony. The desire prevalent to improve the quality, as well as add to the quantity 
of tobacco grown, attests the importance of the staple at this date (1690). Special 
attention is directed to certain choice kinds. A " Rule of sixty-pounds weight" 
of one variety, it is said, will sell on the coast of Guniea for " an ounce of gold 
dust," and on the African coast, it would purchase " slaves, gold and teeth," 
better than "any other commodity." 

It may be proper to draw attention to the size and outfit of the vessels or 
" ships," in which the ocean was crossed at this period, as indicated by the papers 
herein seen. They were rarely of more than two hundred tons burthen, and 
generally of much less capacity. Frequently they were of not more than twenty 
tons burthen ; but in these cases, their voyage were confined to the coasting trade 
and to the West Indian ports. They generally mounted from two to twelve guns 
of small calibre, but their armament required the services of an extra number of 
men. A vessel of one hundred and twenty tons, often mounted six guns and ship- 
ped twelve men, carrying at the same time her cargo of tobacco or naval stores. 



INTRODITOTION. xlv 



A Uttle later than this period, (in 1707,) a vessel of one hnndied and eighty 
tons capacity carried eight gnns, and shipped a crew of eighteen men. In 
modern times it has been considered an extraordinary feat of ocean navigation 
to cross the Atlantic in such small craft, but it was not so thought by the sailors 
of 1690 and 1710. Their nece3&itie8 and the p^mitive style of building and 
rigging ships, gave them no choice. On tlie latter account their voyages were often 
very long, lasting generally six weeks and were frequently prolonged to twelve. 
Many of their vessels were not covered over their whole lengths with a deck, 
thus making them liable to be " swamped" in a heavy sea, and this fact, with 
the danger of getting out of provisions on along passage, added to their troubles 
On this account they preferred making the trip across in the Summer and Fall, 
jnst after the gales incident to the equinoxical periods had subsided. 

About this time a Court was held at Westover for the north side of Charles 
City, that County occupying both sides of James river. A complaint against 
one Brown for using seditious language against King William, and comparing 
him to Oliver Cromwell, indicates the state of politics at this date. 

The first mention made of the "Broad Arrow," the oflScial mark of the 
Officer of Customs; the relative value of barley and malt; a special vote of 
thanks, &c., to Col. Phil. Ludwell, for services in a petition for redress of griev- 
ances, to King James; reference to the law forbidding ship-masters giving pas- 
sage to persons leaving the Colony before having paid their debts ; the seizure of 
a vessel for unlawfully landing negroes and ivory on the Eastern shore ; a claim 
made by Thomas Busbey, Indian interpreter for the Governor of Virginia ever 
feince 1677 ; the petition of William Chichester, whose father had been " sole 
pylote" of James river since Berkeley's time, and through Culpepper's and 
Effingham's administrations, to be himself commissioned such ; and the demand 
of one Joseph Bridger against " Peter Blake of Nansemond, a Papist," for con- 
trol of a child under a certain statute, in order to become his " god-father, &c.," 
and that he may bring him up "in ye knowledge and feare of God," comprise 
the notable events of 1691. 

In 1692, the necessity of using Rangers for the protection of the frontiers, 
seems to have been greater than usual. These were companies of mounted men, 
long employed by the Colony as scouts to watch the savages. They were regu- 
larly enlisted and generally commanded by persons considered particularly 
adapted for so active and dangerous a service. Their pay was in tobacco, and 
was proportioned to the length of time they were on duty and the expenses they 
had to encounter. An account for shoeing their horses, shows the distance they 
had penetrated in the country at this date. Thus " Lieut. David Strahane" of 
the Potomac Rangers made in June of this year, an extended scout over the 
upper part of the Northern Neck, as far North as the " Suggar Land.'^ His 
expedition was doubtless in consequence of the movements of the Piscataway 



xlvi INTRODUCTION. 



Indians, with whose " Emperor," we find he had an interview near a large 
Island in the Potomac River. The " Suggar Land" here referred to, must have 
been the regoin now embracing Loudon and Fairfax Counties, and a part of the 
opposite shores of Maryland, and doubtless derived its name from the growth 
now known as the sugar-maple tree, although in the same country not a remnant 
of it is to be found at this date (1875). Had these Rangers crossed the Bhie 
Ridge, some reference to the " great mountains" would certainly have been 
made in their report. It was rather early for them to venture over that import- 
ant and mysterious barrier, inasmuch as it was not until Spotswood's time that 
any organized effort was made to penetrate the unknown land of the Cohees. 

This is not the only regions in Virginia bearing a name suggestive of its 
former botanical features. Buck-Island on the Rivanna, in Albemarle County, 
was originally known as " Buck-eye-land," for the reason that the tree of that 
name was then to be found there, although it has now entirely disappeared. 

The vigorous effort made by the Burgesses to recover their " antient usage 
and custom" of choosing their own officers, and their appeal to Gov. Andros to 
assist them with " their Majesties," gives earnest of their desire for self-govern- 
ment, so far as regards this important function. This privilege had been taken 
from them and vested in the Governor, by King James II, during the persecutions 
of Beverley and the troubles of that time. Being Clerk of the Burgesses, the latter 
refused to surrender the journals of that body to the executive, except upon their 
order. In consequence of this they were deprived of the power of choosing in 
future their own Clerk. 

An appeal from the Governor and Council to the Lords Commissioners of Plan- 
tations, urging the encouragement of importations into the Colony in order to 
counteract the rapid developement of domestic manufactures, and the bad conduct 
described of one Roger Jones, commanding a vessel sent to protect the commerce 
of the Colony, but who co-operated instead with pirates and smugglers, are some 
of the events of this year (1692). Upon occasion it was found ^here was not a 
notary in all the Colony, An action for trespass, witli appeal, injunction granted 
and dissoved, followed by a decree of Court and possession of the property 
involved, allowed, make the only full report of a civil trial herein found, and on 
this account is valuable because of the destruction of the General Court records. 

An entry of expenses incident to " carrying Edward Randolph, Esquire," to 
Col. Richard Scarburgh's," doubtless had some connection with the trial of that 
gentleman heretofore mentioned. This Edward Randolph does not appear to 
have belonged to the family of that name in Virginia. * In 1678, he was Royal 
Commissioner " deputed to administer oaths of office to the Governors of New 
Plymouth, Rhode Island, &c." In October, 1681, he was " Collector, Surveyor 



* Hottens^ ** Emigrants to America." 



INTRODUCTION. xlvii 



and Searcher," to all the New England Colonies. No mention seems to be made 
of him in the histories of Virginia, and whj he had been in the Colony does not 
appear. The exaction of the test-oath from a prominent family of Papists in 
Stafford County, and a reward to "Capt Cary,;' for services rendered the 
Queen's government, close the year 1693. 

l)uring the several succeeding years many events of minor importance occur ; 
but public attention was chiefly drawn to the policy of encouraging settlements 
along the sontliern borders of the Colony, especially in the region of the black- 
water-swamps The public ferries also became subjects of official enquiry. 
The chief of these were at Cmuch's Creek, Surry County, at Varina, '* upon 
Sundays, Court days, &c.," at Bermuda Hundred, and indeed at other points on 
. the larger ri vera most convenient to the adjacent population. The people of 
Accomac County applied to the House of Burgesses for the passage of a law to 
regulate the v^hxe of certain coins in circulation among them, known as "Lyon 
or Dog Dollars." What these were, does not clearly appear. As early as *1645 
copper was authorized to be stamped into coins for general use. These bore 
upon their faces " two rings," one for a motto, the other for a device to be 
changed every year. What the latter were is not known. The coins referred to 
by the people of Accomac must have been of foreign origin, in as much as " all 
sorts of foran quoine" are included in the petition. They urge immediate action 
on that subject, because the neighboring provinces by taking measures to enhance 
their value, were fast drawing them out of Virginia. Another grievance gives 
tliem great annoyance. Wolves are still so abundant that they beg a reward of 
"three liundred pounds of tobacco" be given for every one caught in "pits or 
traps," &c. 

The Piscataway Indians, to whom reference has already been made, continue 
to give great trouble to the people in the upper parts of the Northern Neck, and 
vigorous measures became necessary to protect that frontier. Upon the Gover- 
nors requiring their " Emperor" to repair with liis " great men" to Williamsburg, 
that dignitary refused to go, but returned the compliment by inviting his excel- 
lency to visit liim instead. Col. George Mason, progenitor of George Mason, 
author of the Bill of Rights, &c., was at this time County Lieutenant of Stafford, 
and bore an important part in regulating the troubles of that county. Incursions 
into this part of Virginia by the savages continued through a series of years 
from that time, (16&9,) and both the courts and people were constantly employed 
in providing the means of defence, the urgency of the attacks, generally not 
allowing them time to get instructions from Williamsburg. They were in this 
way subjected to so much annoyance, and to such losses of property, that it was 
deemed expedient to relieve them for a while from the annual collection of taxes. 



*Hening'8 Statutes 



xlviii INTRODUCTION. 



The general state of the whole Colony appears to have been mnch disturbed 
about this time, (1700 ) The commerce of the Chesapeake and its tribntarles 
needed protection from foreign enemies, and from the operations of smugglers 
at home. The Indians on the south side of James river were discontented ; and 
the Tuscaroras further south were threatening trouble. Tlie necessity for 
restoring the neglected fortifications at the entrance of the chief rivers and at 
other points, and the demand for arms and ammunition to be distributed among 
the people to prevent apprehended "insurrection," added to the general concern. 

Owing to the heavy drafts made upon the resources of the Colony, incident to 
the war in Europe, Col. Wm. Byrd in his official capacity, had advanced a large 
sum out of his private fortune to meet the wants of the Colonial Government. 
Hence, we find a Warrant ordered from Whitehall, to be issued in favor of tliat 
gentleman for the sum of " two thousand nine hundred and fifty pounds," in 
payment of said advances. 

The Council now sat in the College buildings; and an order for the final 
removal of all public archives remaining at Jamestown to Williamsburg, was 
given in December of this year. The bounds of " Martins' Hundred Parish" 
described, with an account of the number of titheables, of the glebe, silver 
church- vessels, salary of the Rector, &c., and a claim of Benj. Harrison, Jr., for 
his services in revising the laws, are worthy of notice here. 

In April of the following year 1701, appears an account current for expenses 
of removing guns " from ye Capitol to where they are placed," and for beer 
for the men " who assisted in firing, &c. These Were doubtless incurred in 
observing funeral honors to the memory of King William III., who had then 
been dead more than a month. 

The Burgesses declare the country not able to bear the costs of the proposed 
defence of the Colony, made necessary by the war with France. Early in 1702 
the Earl of Nottingham sent over intelligence of the declaration against that 
Power ; whereupon active measures were at once taken to protect commerce and 
defend the most exposed ports of the Colony against the enemy's cruisers. This 
event added to the general feeling of anxiety that had for several years existed. 
The Council recommended that an Act be passed providing for the administration 
of the Colonial Government in the interim generally, occurring between the 
death of the reigning monarch and the arrival of the proclamation, announcing 
a successor ; and several prominent gentlemen, Col. Wm. Bassett and Wm. Bird, 
Esqs., elected to the Burgesses, refused to take the oaths required, for certain 
reasons. This Wm. Bird was from New Kent County, and was subsequently 
threatened with public prosecution for using seditious language. 

In the estimates made of the military power, available for defence of the 
Colony from invasion, or from an insurrection of " servants and slaves," it was 
found that the enrolled militia amounted to about ten thousand men. But these 



INTRODUCTION. xlxix 



were not onlj entirely without arms and ammunition, but were scattered over bo 
extensive a country, that it would have been impossible to have concentrated at 
any given point an effective force, in case of emergency. Such a state of things 
must have been soon made known to the powci-s at London ; for one of the first 
acts of Anne's government was to send over a supply of arras, accoutrements, 
&c.,to be paid for out of the revenue from quit-rents. / 

In April, 1704, first mention, is herein made of the French settlers at " Mani* 
cantown," as petitioners for naturalization, they having, however, previously to 
this date sent in applications for this privilege. A reference to ^^ Potobago 
Path," in a grant of land in Essex and King and Queen Counties, a bonus of 
two hundred pounds allowed Edmund Jennings for " inspecting and amending 
the laws," a proclamation issued by the Governor for the observance of a day 
of public thanksgiving in honor of the victory at Blenheim, close the prominent 
events of this year. Here is found recorded the well known fact, that Colonel 
Parke, a gentleman and native of Virginia, was complimented by Marlborough 
for his gallantry on the field at that famous battle, by appointing him special 
messenger to Her Majesty, to communicate the first news of the triumph he had 
just achieved. 

In March, 1705, we find Gov. Nicholson had been succeeded by Edward Nott, 
as shown by a protest to the latter on the part of the Justices of Middlesex 
County, giving reasons therein ^A\j they cannot set upon the bench with a dis- 
reputable person. 

The 23d April following, being " St. George's Day," another day of thanks- 
giving is proclaimed in honor of continued successes of Her Majesty's arms, &c. 
The importance of the Colonial commerce, especially in naval stores, engages 
the attention of the home government, and orders are sent out for the preserva- 
tion of pine trees, for the procuring of tar, turpentine, &c. The Rev, Solomon 
Whateley was now Chaplain to the House of Burgesses. It is worthy of notice, 
that by an account of expenses presented to the Council for payment in Novem- 
ber of this year, it appears that Governor Nicholson during his administration 
had prevailed upon the Queen [to allow her portrait and Coat of Arms to be 
painted for the Capitol at Jamestown. The work was done by Sir Godfrey 
Kneller; but whether the picture was ever brought to Virginia cannot with cer- 
tainty be ascertained. We may infer, however, from the phraseology of the 
items in this bill of expenses, that it did finally reach the Colony, else there 
would not be a demand " for putting the said picture on shipboard." The writer 
well recollects a painting temporarily in the keeping of the Historical Society of 
Virginia in 1857; the history of which, and its resemblance to the Queen, to- 
gether with its great merit as a work of art, induced experts to believe it to be a 
portrait of Anne. Nqt being the property of the Society, and upon their declin- 
ing to purchase it, the picture was bought bv a lady artist from Cincinnati, Ohio, 

7 



L INTRODUCTION. 

and carried from Virginia. This may have been the portrait referred to in this 
bill of expenses, &c., or the real picture of the Queen, and of her " Coat of 
Arms," may have been destroyed at the burning of the Capitol in 1698. 

It is cunous to note that in the punishment of criminals by stripes at this 
period, " M?V^3/-ow^* were generally inflicted, instead of " nine-and-thirty," or 
'^ thirty save one," as was afterwards done, in accordance with the Jewish law. 
The well know'n case of Grace Sherwood, the supposed witch of Princess Anne 
County, comes to notice here ; but with no satisfactory account of her ultimate 
fate, after she was examined by the jury of women, thrown into the water at 
"witch-duck," and subsequently remanded to prison in irons for future trial. 
More victories in Flanders are announced from Whitehall by official despatches 
sent in a " Flying l^acket" to the Colony. A Colonel Richards had, on this 
occasion, been the bearer of the news to the Queen. 

The difficulties growing out of the disputed boundary between North Carolina 
and Virginia ; and certain acts passed for the suppression of vice ; and despatches 
from Europe, with important news from Spain, attract attention. But the most 
interesting document of this period is that which introduces " Queen Anne of 
the Pamunkies," and her "great men" to our notice, in a petition presented by 
them to Governor Nott. 

. It does not appear distinctly who was this princess, except that she was the ac- 
knowledged sovereign of that ancient tribe. Who had been her immediate prede- 
cessors, and who succeeded to her royal estate, is equally a matter of uncertainty. 
It is well known, however, from what will be seen by papers herein recorded at 
a later date, that her queenly prerogative was acknowledged by the Colonial 
Governors, and duly exercised by her for a considerable length of time. No 
information is given as to the time of her death, or when the dynasty she now 
represented passed away. Descendants of her tribe have continued to reside in 
Virginia from the date of the disappearance of the other Indian nations that 
once occupied the shores of the Chesapeake down to the present time. Their 
government has, however, undergone a change coincident with that of the 
Colony, and is now more republican in form than it was when Annp and her 
"great men" reigned at "Romuncock" over the remnant of a warlike and pow- 
erful tribe, once an important part of Powhatan's empire. They now own and 
occupy about eight hundred acres of land in King William County, Virginia, 
near the point where the York River Railway crosses the Pamunky River- In- 
cluding men, women and children, they number only about eighty persons, none 
of whom are of pure Indian blood, their progenitors for several generations 
having intermarried with whites, mulattoes and blacks. Notwithstanding this 
fact, the distinctive physiognomy of their race strongly asserts itself; and an 
observer will not fail to recognize at once the peaceful fishermen and peasants of 



INTKODUCTION. li 



Pamunky Town to be the lineal descendants of Opechancanongh, " King of the 
Pamunkies," and his tawny warriors of 1607. 

The land upon which they live is now, and ever has been held in trust for 
their benefit ; the trustees being nominated from among the whites by their 
chief and his head men, subject to the approval of the Court of King William 
County. These trustees at one time were twelve in number, and were appointed 
by the Governor of the Colony, and afterwards by the Executives of the State, 
from among the most prominent gentlemen in the community. At this date 
(1875) they number only four, and ave Colonel Hardin, B. Littlepage, James B. 
Green, and James P. Johnson, gentlemen of the highest respectability. 

The tribe still have a "chief" and three "head-men," who are chosen by the 
votes of the adult males. Tom Cook is now " Chief ; John Langston and Delaware • 
Bradly being the two head-men, the third Evans Bradly, having recently died, 
and his successor not having been yet elected. The Indian inhabitants of Pa- 
munky Town are not required to pay capitation or property tax to the State of 
Virginia, or to the United Slates Government; and have never been assessed 
with any charge of this nature, except when some one of them has undertaken 
to conduct an ordinary country store, for which a license was. required. 

During the late war between the States, their rights as neutrals were respected 
by both belligerents ; and they received compensation from the Federal Govern- 
ment at the cessation of hostilities, for damages done by the troops of the latter. 

Formerly they were required to pay annual tribute to the Colonial governments 
in the skins of the " beaver, elk and bear ;" and to this day, although not required 
of them, it is the custom of their Chief and head-men to make a complimentary 
visit to each newly inaugurated *Govemor, and signify their respect for his 
person and position, and to express their traditional fealty to the State by a pre- 
sent of fish, or game of some kind. Thus have lived in perfect security for 
nearly two hundred years, among the descendants of their ancient enemies, a 
remnant of the original owners of the country wrested from them by the power 
of the whites. During all this time their little state has remained as free as 
Andorra among the Pyrinees, or San Marino by the sea. They represent the 
only organized community of aboriginal Americans now left on the Atlantic 
slope, artd with their disappearance will probably have passed away forever the 
last of that mysterious race left east of the Mississippi. 

The war in Europe still raging, apprehensions continued to be felt in the 
Colony on account of the enemy's cruises. " Tyndales* Point," now Gloucester 
Point, where a fort had once stood, was again to be fortified for the protection 
of the shipping at West Point. Other important places on the Chesapeake were 
to be defended ; and soon after this the warships " Gnarland" and " Enterprise," 

* Thdr Qsual visit was made to Gov. J. L. Kemper soon after his inauguration. 



•; 
I 



m INTRODUOTlOK. 



were sent to protect the waters of Virginia. With all these precautions, however, 
forays were occasionally made by adventurous privateers from outside the 
Capes, and vessels were actually captured within sight of the anchorage of the 
men of war. 

The year 1707 opens with renewed alarms from the savages, and gentlemen, 
Messrs. Beverly and Walker living on the frontier in the upper parts of King and 
Queen County, call upon the powers at Williamsburg for arms and ammunition 
for the inhabitants, whom they are obliged to protect in their private forts. 

By a paper here recorded it appears a custom existed among the Tuscaroras, 
and perhaps among other tribes, to receive compensation in money or other valu- 
ables for the murder of any of their tribe. " Roanok" and " Peake" generally 
formed part of this compensation. ''^The latter was made from the white and 
blue parts of the conch-shcll, and was in the form of cylinders, about one-third 
of an inch in length, perforated, and strung upon line strips of hide, f " Boanok" 
was also made from shells, but was generally flat, and of different sizes, and of 
less value than '^ Peake." When the latter was fastened to the flat surface of 
skina and cut into belts, it was known as ^' Wampum." As will be seen at a 
future date, when a "string of Peake was sent by one Chief to another, or to 
any other dignatory with whom he was about to treat, this present was intended 
as an earnest of the sincerity of his motives. 

When, however, a message was sent by a deputy bearing a belt of wampum, 
among some tribes, it was evidence of a desire to hold a treaty, because some- 
thing of great importance was to be communicated; and it was sometimes only 
by sending such a token that the consent, of some could be gotten to meet in 
conference. 

In September of this year a serious quarrel occurred among the French at 
Manican Town, which resulted in a division of the settlement ; a part of whom 
under the lead of Claude Phillipc de :|:Richebourge, went to North Carolina, and 
finally settled in South Carolina. The name of this pei*sonage is spelt differently 
in various places, but the same individual is always intended to be described. 

Edmund Jennings sends a long official communication to the Earl of Sunder- 
land, giving in detail the state of the Colony, with his thanks to Her Majesty for 
appointing him " Lieut. Governor, or Commander in Chief, &c. ;" gives his 
reasons for having prorogued the Assembly, draws attention to the dangers appre- 
hended from the enemy's privateers ; to the Indian troubles and the recent con- 
duct of South Carolina, how money had been raised to build a new Governor's 
honsey and dwells particularly upon the necessity of sending goods into the 

* Byrd Papers. f Beverly. t Appendix to '' The Huguenots/' hy Y. S. Smiles. 



INTEODDCTION. liii 



Colony, in order to check the increasing dispoeition on the part of the inhabitants 
to abandon the cultivation of tobacco for the prosecution of '^ cotton, woolen and 
linen" manufactures. 

About the close of the year 1708, the Queen of the Pamunkies makes com- 
plaint of ill-treatment of her people by the English, and prays to be released 
from further payment of tribute, because of her inability to do it ; her people 
being prevented from hunting " beaver, elk and bears" in " Chickahominy 
Swamp," this having been their former source of income. This reference to the 
"dk" in the locality indicated, gives ground for the opinion that that animals' 
habitat must have once extended farther down towards the seaboard, than has 
heretofore been supposed. The sources of the Chickahominy are not remote 
from what is known as the '^ Swamp," hence if it be true that the elk was killed 
anywhere along its course, it must have been at a great distance from the high 
roonntains where it has heretofore been supposed he was only to be found. Col. 
Wm. Byrd, in his diary kept, while running the dividing line between North 
CaroHna and Virginia, speaks of finding the tracks and horns of the elk, but not 
DutU his party had almost reached the base of the mountains. He, however, 
saw none of the animals themselves. 

It may not be amiss to put upon record in this connection, that although more 
than a century and a half have passed since these events occurred, the descend- 
ants of the deer that fled from the savages, are at this day quite numerous in the 
same country over which they then roamed, and are now hunted through forests 
of second growth, encumbering the ground upon which, a hundred years ago, 
stood waving crops of corn, tobacco and barley. More than this, the *beaver 
and other animals that bad long disappeared, seem about to re-assert their domin* 
ion over the swamps and thickets of some parts of Eastern Virginia. 

The most important events of the beginning of the year 1709, were the 
threatened Indian and negro insurrections in Surry and Isle of Wight Counties, 
and the continued troubles and quarrels among the tributary tribes living upon 
the Meherrin and Nottoway rivers. A naval expedition for the recapture of the 
Bahama Isles seems about this time to have been intended, but one of the war 
vessels, the " Quarland," having been wrecked on the coast of North Carolina, no 
farther mention is made of it. On this occasion, those who went to her assistance 
describe the people on that coast as having acted ^' more like Turks or barbarians 
than Christians." The « Enterprise," and her " Tender" the " Diamond," also 
arrived in the waters of Virginia from Boston, to take part in the same expedi- 
tion. One of these vessels brought the last news from " Col. Nicholson," late 

* These are now found in considerable numbers on the south side of James river, from the 
Morces of the Appomattox and other streams down to the sea^ and in other parts of Eastern 
Tifginla. Two wild cats have been lately killed within twenty miles of Richmond. 



liv INTRODUCTION. 



Governor of the Colony, who at that date was actively engaged in an expedition 
against the French provinces in the northern part of the continent. A copy of 
" Instructions" to the Captain of the " Enterprise," gives farther particulars as to 
how the attempt to re-take the Bahamas was to be conducted, &c. An Indian 
shoe-maker, of the Pamunky tribe, at his own request, is allowed by the Council 
to remain with the whites, although the " great men" of that nation had required 
all their people to " return to their town." 

Wc are surprised to find that early in 1710, an application was made to Ed- 
mund Jennings, (who although Lieutenant Governor, is here called President of 
the Council,) for his " lions. Lycence," to take whales in the Chesapeake and its 
tributary waters, by a company of persons who had constructed boats for this 
purpose. What the commercial value of this enterprise was at that time cannot 
now be estimated from anything herein said, but it must have been of sufficient 
importance to warrant the employment of men and capital in its pursuit. It is 
difficult to imagine that the whale, whose habitat is now almost entirely confined 
to the regions of the iceberg, should have been so abundant in the waters of 
Virginia at this date, as to have afforded the source of profit here indicated. If the 
operations of these adventurers were intended to be carried on only upon such of 
these animals as might accidentally drift into the Bay, it would appear to have 
been a very uncertain enterprise, if we are to judge by the experience of the 
last fifty years in this respect. Within the time mentioned not more than one or 
two whales have been seen in the waters of Yii^nia. The last of these was 
driven into North river and stranded upon the shore of Gloucester County, a few 
years ago, during the prevalence of a violent easterly gale. 

In August, 1710, appears the first official communication from Lieut. Governor 
Spotswood. Sundry entries of minor importance; amounts of tobacco paid 
sheriffs for fees; contested elections; the boundary between New Kent and 
Henrico settled ; a bill passed for preventing infanticide ; a recommendation for 
repeal of the law making slaves '^ real estate," rejected ; and the frequent 
changes made of county seats, occupy most of this year. 

The city of Williamsburg was now becoming a place of importance, by reason 
of its being the seat of government, and the rapid increase of its population. 
Its chief thoroughfares, squares, and other public places, had been in 1706 re- 
arranged by a Board of Directors, at which time a church-yard had been laid 
off, the market place enlarged, and orders issued for the '^ more regular and 
orderly building of the houses." Duke of Gloucester street, however, the 
boulevard of the town, extending from the Capitol westward to the ^' land be- 
longing to ye Colledge," was not altered either " its course or dimensions." At 
this date great need was felt for a new church building, and the inhabitants 
of Bruton Parish applied to the House of Burgesses for their assistance in erect- 
ing one that should take the place of theirs, which was now '^ ruinous." This 



INTRODUCTION. It 



improvement bad become necessary, in order to. accommodate the crowds of 
visitors frequenting the city upon the sessions of the Council, the General Court, 
and the Assembly. 

*An account current of Mr. Henry Cary for the expenses of burning bricks, 
shows the cost at which this sort of work was then done, and proves that the 
Governor's mansion for the building of which they were made, had been con- 
etracted of bricks made in the Colony. A great misapprehension of facts exists 
in regard to the quantity of this building material, said to have been bi'ought 
from England &nd Holland at different times; and many well known Colonial 
churches and other buildings, for this reason, are erroneously supposed to have been 
constructed of imported bricks. It will be perceived by the items of Mr. Cary's 
aceonnt how much cheaper it was to manufacture them on the spot than incur 
the expense of getting them from abroad. The cost of transporting bricks from 
Europe, and the time required to put up even a building of ordinary size will be 
appreciated by referring to what has been said above in connection with the ton- 
nage of the vessels in use at this date, and the time consumed in crossing the 
ocean. In many of the larger private mansions, and in some of the churches there 
were many foreign bricks, of a peculiar size and shape used in the sills, pilasters 
and ornamented arches of the windows and doors, and in forming the cornices ; 
hot there were very few of these structures built entirely of bricks brought from 
acroes the sea. This however, was undoubtedly true of a few of the earliest 
charches and private dwellings erected within tlie first sixty years of the Colony. 
A majority of the dwellings, even of the rich, were constructed of wood ; much of 
which was first hewn, and then carried over to f England in convenient form, to 
be properly dressed and carved for use when brought back. In many of these 
instances the wainscoting and other ornamental wood-work, balustrading, &c.y 
inside the building was put in place without the use of nails; wooden pegs being 
found as useful for such purposes, and very much cheaper. Wrought-nails, 
generally made on the plantations were used to secbre the outside weather- 
boarding, because the sudden alterations of temperature had the effect of draw- 
ing out wooden pegs. The modern cut-nail did not come into general use until 
within a comparatively recent date, and long aftsr the revolution of 1776. 

*The first bricks made in the Anglican Colonies were made in Virginia as early as 1612, 
doring the administration of Sir Thomas Gates. Bishop's History of Ameaican Manufactures, 
1608, 1800, vol. i. 220. 

tThls was done with the interior wood-woric of the house at ^^Tuckahoe" on James river, In 
Goochland County, one of the oldest Colonial mansions now standing and in good state of pre- 
servation. The wooden pegs are to be seen confining tlie walnut wainscoting to the walls 
and in holding the joints of window and door-frames together. The poplar weather-boarding 
put on when the house was finished nearly two hundred years ago, scarcely shows signs of 
deeay. This venerable building is now owned and occupied by Richard Allen, Esq. 



i 
I 



Ivi INTRODUCTION. 



Pirates seem to have been troublesome dnring most of Spotswood's adminis- 
tration. The Nottoway Indians, at this date, lived upon a grant of land "six 
miles square" on the river of that name, in what is now Southampton County. 
About this time Gov. Hunter, of New York, sent to Virginia, under authority 
from the Queen, for a supply of provisions. .This was accompanied with an 
order establishing an embargo uiion all outward bound vessels laden with food or 
ship-stores. TJie scarcity of all these articles was due to the war raging in Europe. 

An application made to the Governor, and permission granted to a gentleman 
to employ two of the Queen of Pamunky's subjects, under certain conditions, 
proves the royal prerogative of that sovereign to have been admitted. 

The Indian tribes of North Carolina and many of those in Virginia, now 
engross the attention of the people and government. A late massacre of the 
Germans under De GraflFenreidt in the former, and the serious incursions of the 
Tuscaroras excited great activity in both Colonies. Gov. Spotswood, with the 
consent of the Council and the co-operation of the Burgesses, took steps to afford 
immediate aid in money, clothing and the materials of war, for Carolina. A 
warm *correspondence grew out of the prosecution of these measures, between the 
Executive ef that Colony and himself, in which the wisdom and energy of the 
latter is manifested. It was under the suggestions made by him, after the power 
of these savages had been broken, thai peace with them and other hostile tribes 
was finally established. Tom Blount, one of their leading Chiefs, was by his 
address, detached from the cause of that powerful tribe and brought over to the 
side of the whites. 

fOn the 23rd Mr rch, 1713, Col. Moore, of Carolina, (according to a paper 
herein recorded,) destroyed the Tuscarora stronghold at "No-ho-roco" or 
" Naharuke," with the small loss of twenty-two killed and twenty-%)ur wounded ; 
whereas the Indians lost thirty-five killed and fifty-eight wounded. He also 
took three-hundred and ninety-two prisoners and one hundred and ninety-two 
scalps ; burned up two hundred in the fort, while his scouts put to death one 
hundred and sixty-six outside. As soon as this victory was made known to Gov. 
Spotswood, he at once recommended to Gov. Pollock the use of conciliatory 
measures, in treating with the savages, as being the wisest in view of the exhausted 
condition of his province, and the power of the northern tribes, many of whom 
were known to have already crossed the western frontiers of Virginia on their 
way to the aid of the Tuscaroras. In the meantime, however, he had taken steps 
to divert their attention from North Carolina, until he could communicate with 



* Although these documents are not signed by Spotswood, their contents and style clearly 
establish their authenticity. 

t Martin, in his History of North Carolina, says: eight hundred priFoners were taken, but does 
not give the number of killed and wounded. 



INTRODUCTION, Uii 



Governor Hanter, of New York, on the sabject, by a vessel about to sail for that 
Province, bearing thither the widow of the late Governor Hyde, of North Cato' 
lina. In the end, the Toscaroras were required to abandon forever their 
country, and they finally migrated northward and joined the Five-Nations in New 
Yoi^ thus making the sixth part of the Indian Confederation subsequently 
known as the Six-Nations. What the bond was, that evidently existed between 
these tribes so far separated from each other, does not appear. It is worthy of 
note, that occasionally solitary Indian runners, strangers to the neighboring 
tribes, had been captured by Bangers on the frontiers of Virginia, who upon 
examination appeared to have come from toward the great lakes, on their way 
southward* A considerable fraction of the Tuscaroras came into Yii^nia imme- 
diately succeeding these events and submitted to Spotswood's rule. 

Nearer home, the frequency of Indian depredations required the passage of a 
new bill for raising and equipping bands of Bangers ; in which the number of 
their officers, their duties, authority and wages are prescribed. Late in tlie 
year (171S) tlie Governor, in a special message to the House of Burgesses, con- 
gratulates them on the restoration of peace, (Treaty of Utrecht,) and draws their 
attention to various subjects connected with the Colony's prospects ; the tobacco 
trade, defence of the frontiers, the late measures in aid of the Carolinas, and the 
means for furnishing the executive mansion and other improvements in 
Williamsburg. To this they send a gracious reply approving his official conduct, 
showing that at this time entire harmony seemed to prevail with the executive 
and legislative branches of the government. On the 13th May he prorogued the 
House of Buigeeses to the 20th of the same month, and the 19th a deputation of 
Tnscarora Chiefs appeared at Williamsburg. 

The year 1714 seems comparatively barren of events. 8o great a decline in 
the revenue of the Colony had occurred on account of ^' the great decay of the 
tobacco trade," that the Council and House of Burgesses send a petition to the 
Kin^, (Anne had died August 1st, 1713,) to allow the deficiency to be made up 
from the quit rents, as had been done on a similar occasion in the time of Charles 
n. An entry here shows the number of births, white and black, in one Parish, by 
which may be estimated the probable rate a^ which the population was increas- 
ing. The "Solebay" man-of-war having arrived in Virginia, (1715,) with des- 
patches for several of the Colonies, Governor Spotswood sends by a messenger 
those intended for the Governor of North Carolina, and by the same opportunity 
takes occasion to draw his attention to the complaints made by the traders among 
the Indians from Yii^inia, whose rights had been interferred with, and who, 
under the Orders in Council of her late Majesty, were equally entitled to the free 
use of this traffic with the people of all the other Colonies. This was especially 
the case with the Virginians, as they ^^ were the first of any English subjects 

that established a trade with the Indians to the south and w^t of thQ Colony, 
8 



Iviii INTRODUCTION 



&c." This, among other important Btatements herein given, establishes the fact 
that the people of Virginia were the first to penetrate successfully the wilderness 
of the South west, whereby a large trade with the savages in that region sprung 
up, and which a little latter lead to enterprises, which finally placx^d the entire 
Middle-west under their control. At this date trains of pack-horses were 
employed to transport into the Colony, skins and furs from the country of the 
Cherokees and Catawbas. 

A tobacco law lately passed seems to have given great dissatisfaction, the peo- 
ple in one County having burned a storehouse and its contents,^and refused to 
comply with the requirements of the ^' Act." In 1715, new and capacious wharfs 
were built at Hampton, and the value of ship-stores steadily increased. Indian 
affairs still occupy the attention of the Government. A large deputation of 
Cherokees, Catawbas and other Indians on their way to Williamsburg to consult 
in regard to a peace to be established between them and the Carolinas, were 
required to stop at ^' Christanna" and leave their arms at that place. They 
were, however, allowed to bring "six skins each" to pay the expenses of tlie jour- 
Bey. The fort known as ^^ Christanna," is so well described elsewhere in 
accounts of Virginia, that it is not necessary to say more of it here. 

In January, 1716, a number of " Kebel prisoners" were landed at York, in 
Virginia, a small part of whom were indentured. Most of these were prisoners 
of war, taken probably while in the service of the first Pretender, whose fortunes 
had not long before received serious blows at Dumblaine and other places. On 
this list appears the names of many whose descendants now doubtless live iu 
Virginia. It must not be supposed that these men were felons, because they 
were said to have been ^^ tmnsported" to America. A misapprehension prevails 
in regard to the real meaning of this word in connection with the arrival of 
immigrants into the Colony from time to time. Although it is true that at 
earlier dates criminals had been occasionally sent over to many of the '^ planta- 
tions" and Colonies, yet this was generally used to express the idea at the present 
day conveyed by it, when employed in describing the mode of carrying men or 
things, as when troops or materials of war are said to be transported from one 
place to another. It will be seen tog, that many of them had paid for their passage, 
and some had lost valuables on their way over. This could not have occurred to 
felons. It appears they were badly treated, not only during the voyage, but 
upon their arrival at York ; whereupon they send up a petition to Governor 
Spotswood for protection against the wrongs they are now suffering and those 
with which they are threatened. The language of this petition establishes the fact 
that it was the ^^ intent of the Government" in these cases to do no more than 
send them out of the Kingdom. 

About this time the savages on the frontier, ^^ between the James and 
Famunky" rivers, were so troublesome, that active measures became necessary 



INTRODUCTION. lix 



to protect the inhabitants. Where this frontier was, is not precisely known. 
* Mr. Eobert Beverley, at this time lived beyond the heads of the Mattaponi 
river, which mnst have been near thirty miles above the village of Bowling 
Green, now in Caroline County, from which circumstance some idea may be 
gotten of the remoteness of permanent settlements from the Capital. 

It was during this Summer (1716,) that Oovemor Spotswood's famous expedi- 
tion over the mountians took place ; and it is to be regratted that nothing has 
been found among tlie papers here recorded, throwing the least light upon this 
interesting subject. The Governor and his attendants, on tliis occasion, are 
known to have gone up the country lying between the Mattaponi and the Bappa- 
pahannock, and to have followed the valley of the latter as far as Germana. 
From this point the course of the explorers seems to be in doubt. But if the 
distances travelled each day, as reported in Fontaine's journal be correct; 
taking also into consideration the reference made by him to the head waters of 
JavMS riveTy the cavalcade most probably entered what is now called Brown's 
Cove, in Albemarle County, and crossed the Blue Bidge at the gap of the same 
name. The head waters of what is now the Bivanna, rise in that immediate 
region, and in their course tend southward and east. This circumstance doubt- 
less produced the impression upon tlie minds of the "Knights of the Horse-shoe," 
that the James river had its source at that point. It should be remembered 
also, that at this date the great gate-way through the mountains at Balcony Falls^ 
could not have been known to these explorers. 

It appears from a small entry here found, that the French settlers at Manakin 
had been allowed one hundred and thirty-three acres of land to each family, at 
the time of their establishment at that place. 

The year 1718 opens with a remarkable and able remonstrance on the part of 
the Council to the Lords Commissioners of Plantations, drawn by Wm. Byrd« 
Esq., against the arbitrary conduct of Spot wood in having unlawfully added to 
the number of the General Court, and having of his own authority, instituted a 
<^ Commission of Oyer and Terminer," contrary to all well founded precedents 
and in violation of the Charter of King Charles II. This paper is recorded a^ 
length because of its intrinsic merit as a literary production, and because of its 
historical value in connection with Spotwood's administration. One of the same 
character is to be seen among the Byrd Papers, but differs from this, in that the 
former, although drawn by the same gentleman, is merely an appeal made to the 
Governor in behalf of the traditional and legitimate privileges of the General 
Court ; while the latter is an urgent address to the higher powers abroad, as the 
last recourse left to the Council after their having failed to make any impression 

upon the mind of his Excellency. 

— -  — ---■ - --  - - ■■_——■ .. --_ 

* Jobn Fontaine's dUry^** Huguenot FamUy." 



INTRODUCTIOK. 

This was probably one of the chief canses of the breach that now existed be- 
tween the Governor and his Council, and the House of Burgesses, and which 
continued to widen, until he was finally forced to retire from oflSce. The paper 
found among the Bjrd manuscripts must have been written a considerable time 
before the date of the one here recorded, and the latter was probably drawn up 
and presented while Ool. Byrd was in England. For in 1719, we find from a 
paper recording some of the proceedings of the Privy Council, that this gentle* 
man had found it necessary some time anterior to that year, to appear in person 
before that body, in order to give reasons why he should be restored to his seat 
in the Colonial Council. It appears he had been removed therefrom by Gov. 
Spotswood on account of his long absence abroad without leave, and Peter 
Beverley, Esq., had been recommended as his snccesflor. Upon proper explana- 
tions having been given on the occasion referred to, it was ordered by the King 
in Council that he be restored to his place if his removal had been accomplished- 

Few events of moment characterize the succeeding yeai. Joseph Banister 
and Wm. Loyall, two experienced and lawful pilots in ^^ the Capes of this Colo- 
ny," complain of the interference of ignorant })er6ons with their licensed privi- 
leges, and pray for protection accordingly. The numerous applications for land 
grants are valuable as geneological references, and as verifying certain localities. 

The General Assembly as well as the General Court employed a Chaplain, who 
regularly ofiiciated at their meetings ; and whenever a sermon was delivered by 
him he was paid for it one pound, ^^ in current money." In September, 1720, 
the fTorthem Indians again invade the upper Northern Neck, and numbers of 
them said to be ^' hovering about the frontiers ;" consequently measures are taken 
to oppose them. 

Late in 1722 Spotswood was still in power, as shown by a petition to him from 
Isham Baudolph and others, '^ Masters of Ships," praying that he exercise his 
authority as ^^ Vice Admiral," or in some other way, by which they may be ena- 
bled to inflict proper discipline upon their refractory seamen without danger of 
prosecution by them. Very soon after this, he was removed from ofdce, and 
retired to Germana, on the upper Bappahannock, where, for many years, he em* 
ployed his time in looking after the German settlement at that place ; planting 
vines, establishing iron works, and engaging in other enterprises. 

The increase of trade on the Southern borders, induced the people to apply to 
Gov. Drysdale, now in power, for a new port of entry in these waters. Hamp- 
ton had long been the only port in all that part of the Colony, and it is probably 
^' South Quay" was at this time added to the list of custom-oflices. 

The repeal of the act laying ^ a duty on Liquor and Slaves," recommended by 
the Privy Council at Whitehall in 1724, shows how this measure had affected the 
slave-trade in the Colony. A rebuke is administered to the Governor for pre* 
suming to enforce Acts not yet approved by his Majesty. The number of 



INTBODITCTION. Ixi 



" titbeables" reported, and retums of the quantity of tobacco tended in Richmond 
and King George Connties, famish data upon which to estimate the amount of 
that staple grown, &c. Serious charges of a personal nature were at this time 
brought against Gov. Spotswood. He was accused of having mis-appropriated 
funds intended for the purchase of arms, for the building a Court House, he 
having fitted up a room in his private house instead, and for showing partiality to 
his own tenants at the expense of the rights of other people. 

Yery soon after June, 1726, Bobert Carter, Esq., appears as <' his Majesty's 
President and Commander in Chief of Virginia ;" and on February 7th, 1727, 
Gooch seems to be in power as Lieut Governor, &c., although according to 
Hening, (vol. 4th,) the name of the latter is on the list of Governors not untij 
after August, 1727, and the first land patent is signed by him as late as October 
of that year. Eobert Carter's correspondence with the authorities of North 
Carolina, shows him to have been in control of the Colony late in the Spring of 
1727. In February of that year he appointed his son, Eobert Carter, Jr., ^^ naval 
officer" for the Eappahannock, to succeed Mr. Charles Robinson. This gentle, 
man subsequently established the office of customs at his private residence, in. 
stead of at Urbanna, where it should liave been. The inconvenience resulting 
from this was so great that Gov. Gooch was appealed to by those most interested 
for relief ; and soon after this, great complaints were made against Joseph Carter 
an Inspector at ^' Corotoman," on account of his over-bearing temper and par- 
tiality in administering the duties of his office. Contiimod troubles with the 
tribatary and Southern Indians; settlements made on upper James Biver by the 
Lewises, Brooks and others, close this year. 

From this time to the year 1732 the space is chiefly occupied by petitions for 
land grants, in which will be found recorded names'of persons and places, from 
which may be established the dates of settlements in various parts of the country. 
The dispute of the Beverleys with certain Dutch settlers on the Shenandoah shows 
the favor with which that rich and beautiful valley was regarded, and records 
the price of land at or near the ^^ ^Massingnutting Town," and the gradual ex* 
pansion of the Colony westward since Spotswood's expedition, less than twenty 
years before this date. The increasing need of still another port of entry, and 
the rise of Norfolk Borough are here shown by the strong appeal of masters of 
vessels and influential citizens, praying that the officer of the customs for the 
" Lower District of James River," or his " Deputy," be required to remove to 
that place. Numerous facts of local interest are recorded in this paper; the 
great preponderance of the black population noticed. In June of this year Wm, 
Byrd, Esq., was allowed a grant of one hundred thousand acres of land ^' on bothi 
sides of south branch of Boanoke Biver," on condition of his settling a family of 



* Probabr near the foot of the mounraln of this name, at Strasburg. 



Ixii iNTRODtJCTIOiT 



Protettant immigrants (Swiss) for each thousand acres. The sclieme, however, 
was never realized. 

The papers of 1736 are fragmentary and disconnected, having reference to the 
numerous surveys of lands under Loid Fairfax's grant, in which the Beverleys 
and others were chiefly concerned ; and are useful only if considered in connect 
tion with those recorded in the Westover Manuscripts. The region then known as 
the Northern Neck included the land lying between the Kappahannock and 
Potomac, from Chesapeake Bay up to the base of Blue Ridge; although Lord 
Fairfax possessed lands far beyond this limit, and himself went to live at " *Qreen- 
way Court," in ihe Valley. The surveys included the " head springs" of all the 
large streams in that country ; and contain details of instructions to certain em- 
ployes enumerated : wages paid, list of materials, provisions, &c. The petition 
of one Christ. Clarke and others for the right to survey lands extending up to tliose 
of Lynch, Hudson and Lewis, ^' towards the great mountain, to the prney moun- 
tain in Hanover," shows the extent of that county at this date. A glimpse at 
some of the domestic habits and customs of the times is gained through a private 
letter written by Wm. Beverley^ Esq., to one of the Fairfax family. In this he 
makes reference to various private matters ; the fattening of beef ; his daughter, 
Ursulas' ill-health, and an expected visit in consequence thereof from Br. Barnsi 
who is to remain with him several days. The probability is this professional gen- 
tleman lived at a distance from Mr. Beverley. Medical men were not as numerous 
in the country as they subsequently became. Indeed, until within quite a recent 
period, physicians were so scare that their fields of practice extended over districts 
now occupied by whole counties. They were generally gentlemen of education 
and worth, having been trained in the best medical schools abroad, and often of 
high social position. On occasions like that just mentioned, their professional 
visits were protracted in proportion to the condition of the patient ; to whose 
bed-side they were not expected to return, after having prescribed the necessary 
remedies, and left proper directions, unless again specially sent for. From the 
same letter it appears Fairfax had wanted some " Dice," but as Mr. Beverly had 
none he sends his friend some " Salmon" instead, by " Pompey," with his " best 
services" to the ladies, &c., and to " Master Bryan." 

This was perhaps the same gentleman with whom Washington ssue after, 

wards in 1774, when the people of Fairfax County were assembled to consider of 
measures necessary to resist British tyranny, and who finally adhered to the cause 
of the mother country. 
' In 1738 the king of the Shawanese, living at " Allaganey," sends friendly 



 With mile of the village, now known as the " White Post," In Clarke County. When 

this region was a wilderness a white post had heen put up at this place to indicate the road to 
Fairfax's residence, hence the name of the village. 



INTBODUOTION. Ixiii 



/ 



nieesages to Gov. Gooch ; explains cortain troubles and late incursions, murders, 

&c, said to have been perpetrated upon the whites by the Northern Indians ; de- 

ures peace with the latter and expresses the abject and dependent condition of 

dispeople. About this time the inhabitants of ^^ Frederick County" pray the 

^oncil to be relieved from being obliged to attend Court in ^^Orange County/ 

^^ account of their great distance therefrom, and the consequent difficulty of 

*^ obtaining justice " among themselves, whereby crime is much increased. This 

coQQty and Augusta had just been formed out of Orange Couifty ; and it must 

bave been for a separate Court they were applying, to be held at *^^ Frederica,'' 

B '^fonrishing settlement. " 

Gov. Goo' h now being absent from the Colony in command of the forces sent 
a^inst Car «hagena, the Kev. James Blair acted in his place, as President of the 
Gonncil. ^otliing of special moment attracts notice in the papers of tliis time, 
Mve the lecord of one of those disgraceful episodes which occasionally brought 
digrepnte upon the Established Cliurch. The lie v. Thomas Blouitt or Blewitt, 
Bector of North Farnham Parish, was presented by the grand jury (whose names 
are given,) for '^swearin and drunkenness." 

From the western frontier of the Colony comes a quaint but strong appeal to 
the Qovemor, for protection of the people against the savages ^^ in ye back parts 
^i Virginia," and for appointing John McDowell and others, officers to organize 
^ uieans of defence, &c. The names of many of the early Scotch and Scotch- 
Imh settlers in this region are here to be seen. From the year 1742 down through 
1750 events and measures pertaining to the domestic affairs of the Colony appear 
to engross public attention. Examples of the jealous regard bestowed, as well 
by the Government as by the people, in organizing their County Courts, particu- 
larly with respect to the character of the persons who were to compose them, are 
here to be observed. Numerous entries connected with the surveys made by 
Lord Fairfax's agents are useful in showing the sort of materials employed, &c. 
A serions question arose (1749) between the Council and House of Burgesses, 
in regard to the right of the latter to examine the journals of the former without 
their permission. This seeming attempt on the part of the Burgesses to violate 
the dignity and privilege of that august body was stoutly resisted by them, and 
precedents in practice and in law were furnished to show that it was at variance 
with the course pursued by all previous assemblies. This may be taken as another 
instance of the increasing disposition of the popular branch of the government 
to take control of affairs ; and which continued to encroach upon the more auto- 
cratic functions of the Executive, until the latter virtually succumbed tD the 
power of the people. This question of privilege had frequently been a cause of 

*Tlii8 WM doubtless the original tettlcment at what is now Winchester, and was called after the 
Prince of Wales, or after Princess Frederica of Prussia, whom ht so much desired to marry. 



Ixiv INTRODUCTION. 



disagreement between the several branches of the Colonial government. It wtt 
illustrated in the case of Bobt. Beverley, clerk of the Bnrgesses, one of the charges 
made against whom, was that he refused to surrender the journals of the House 
unless ordered to do so by them. 

During the year 1761, Williamsburg is visited by one of the many Indian em* 
bassies that from time to time made their appearance at the Capital. On this 
occasion they seem to have come from beyond the mountains, and their journey 
through the country is traced out accordingly. 

A long communication from Capt. Thomas Cresap, evidently to the Governor, 
in regard to the necessity of securing the friendship of the savages in the north* 
west, against the designs of the French in that region, is the first reference here 
found to the events of this important period. In this he calls attention to a late 
conference held by the French at " Loggstown " :* gives important information 
as to the localities then occupied by certain Indian tribes ; character of the in- 
terpreters ; causes of trouble between them and the whites ; the origin of the 
^' Adarondocks," &c. He thinks these savages are not paitial to the French and 
could by prudent measures be detached from their service; and suggests the great 
importance of pursuing this policy. This document evidently has reference to 
the active efforts made about this time by the Ohio Company and other kindred 
corporations to get possession of lands in the northwest. 

A few official returns of the County militia give some idea of the military 
strength of the Colony in 1753. Those of Elizabeth City County consisted of 
three hundred and twenty-six men, forming one company of ^' horse " and two 
of infantry. Those of Essex County, under command of " Hon. Biohard Corbin, 
Esq.," of five hundred and fifty nine men, in nine companies ; the field officers 
being Col. John Corbin, Thos. Waring and Wm. Dangerfield, Cols.; Francis Smith 
and Wm. Boan, Majors, &c., &c. 

This year closes with a message from the Ciiief of the Catawbas in North Car- 
olina to the Governor of Virginia, agreeing to take sides against the French, and 
expressing the hope that their old friends the Five Nations will be informed how 
they have been troubled by the '^ French Indians." Although very poor and their 
tribe in a desperate condition they promue to join the Cherokees and Five Na- 
tions, if sent for to meet them in Council. That a treaty on this subject was 
subsequently held by these tribes is probable tvom an account current of the 
expenses incident thereto herein recorded. According to this it cost more than 
three thousand three hundred and nineteen pounds sterling, " in the difficult and 
chargeable negotiations in soothing the Indians." Another list of chai^ges shows 
that powder, lead, flints ; plain and ruffled shirts and pistols had been carried oat 
to Indian chiefs by Capt. Wm. Trent, when he went to establish the first white 

^Situited eighteen miles below the present city of Pittebuiis on the right bank of the Ohio. 



INTRODUCTION. Ixv 



settlement at the junction of the Alleghany and Monongahela rivers. The first 
and only reference made to Gen. Braddock in these papers, is when in March, 
1755, Gov. Dinwiddie communicates with the Governor of New York in regard 
to a quantity of provisions furnished by the latter for the expedition against 
Fort Daqnesne; and dwells upon the necessity of at once gaining a foothold on 
the Ohio river. 

Col. John Thornton brings serious charges against the conduct of Col. John 
Spotswood of Spotsylvania County, in organizing the military forces of that 
county, to which the latter makes reply in defence. This paper with others of 
the same period are valuable as geneological records ; and a letter from Capt. 
Bobt Mnnford, dated " at camp near Cumberland," written to his uncle, Theo. 
Bland, Esq., gives a graphic account of his life in the wilderness on the march 
to the frontier, &c. The reference herein made to " our colonel, &c.," applies to 
Col. Wm. Byrd of the 2d Virginia Regiment, and not to Col. Washington, as 
stated in a foot-note to the Bland Papers. At a later date will be seen the peti- 
tion of Col. Byrd, in behalf of himself and other officers, for their portions of 
lands granted on the Ohio for services done in this expedition. 

In August, 1758, a considerable force under Capt. Wade, according to his jour- 
nal herein recorded, undertook an expedition against the savages in the direction 
of New Biver and crossed the "Blue Ledge" (Blue Eidge) before they returned. 
The incidents of their march and encounters with the Indians are given, together 
with the names of persons, description of places and distances from each other. 
What is here recorded only serves to excite a desire for more information in re- 
gard to the affair. 

The commercial correspondence of this period contributes somewhat towards 
an insight into the foreign and domestic concerns of the Colony. Clover seed is 
first mentioned by a gentleman planter, who desires his agent abroad to send him 
a supply. About this time tobacco seems to have been very low in price ; but 
the increasing attention bestowed upon the cultivation of flax and hemp it is 
hoped will cause it to be less plentiful, and therefore more valuable. The ex- 
travagant and prodigal habits of the Virginia Planters attract the notice of their 
creditors abroad, who insist that it is on this account they are always in debt ; 
and a striking contrast is drawn between them and the English at home in this 
respect. 

From 1768, the succeeding pages down to 1774 record little of value, except 
Bnmerons petitions for land grants, showing an increasing tendency of the popu- 
lation westward and the general desire to secure large proprietaries in that direc- 
tion. These records and the lists of Justices preserved afford valuable geneolog- 
ical references. The latter are fii-st described here as " majistrates," in Prince 
William County. The supply of documents at this important period is singularly 
meagre ; and although events of momentous interest are daily tending towards 
9 



Ixvi INTRODUCTION. 



the crisis that was soon to absorb all other questions^ but two or three papers are 
seen to refer to these subjects. George Mason's account of bis trying experience 
as a member of the Convention of 1775, is particularly worthy of notice. Among 
other things he here states that he drew ^^ the Ordinance for a general Test," and 
that his effort was to make it ^^ such as no good man could object to." He also 
gives a description of the scene in the Convention, when upon the resignation of 
Col. Bland, he was importuned by " Col. Henry, Mr. Jefferson and CoL Carring- 
ton " to succeed that venerable and distinguished gentleman in the Continental 
Congress, but declined in favor of "Col. Francis Lee." On this occasion, and 
while he was giving his reasons why h'b could not accept that position, tears were 
seen " to run down the president's cheeks." His account goes on to record, how- 
ever, how he failed to escape responsibility in declining the high honor just re- 
ferred to, by being at once put upon the committee to organize a military force 
for the public defence. His labors here were excessively trying both to his body 
and mind, on account of the amount and importance of the work necessary to 
the performance of this duty. 

In 1776 a Board of Commissioners was appointed by the Convention to inves- 
tigate the claims of certain persons and companies to lands purchased by the lat- 
ter from the western and southern Indians : which lands it was contended then 
belonged to the State of Virginia, and therefore could not have been alienated 
except by her permission. This board was made up of gentlemen selected from 
the several sections of the country evidently with the view of meeting objections 
to them that might be suggested by interests of a local character, as well as for 
the greater convenience of collecting evidence during their investigations. The 
names of the members of this Board being recorded in the journals of the Con- 
vention, makes it unnecessary to give them here. 

The immediate object, however, of their investigations as shown by the nume- 
rous and lengthy depositions herein recorded, was the case of Richard Henderson 
of North Carolina, and others, who laid claim to a vast territory in the south- 
west, including part of what is now Southwest Virginia, Southern Kentucky and 
part of Tennessee, said to have been purchased by them from the Cherokee 
Indians. The latter to the number of twelve hundred, under the lead of their 
chie& Oconostota, the " Little Carpenter, Draging Canoe, the Raven " and others, 
had in March, 1775, met Henderson and his friends at a "treaty " held at "Wa- 
tauga"* near the "Long Island" in the south fork of Holstein river, to negotiate 
with him for the sale of said territory. A very large amount of testimony upon 
this and other incidental matters, was collected in the form of depositions taken 
at stated points over the State. During the progress of these, important histori- 

* This place was near what is now Kingsport in the western end of SuHivan Countj, in East Ten- 
nessee. 



INTRODUCTION. Ixvii 



cal information was put upon record, not only in regard to the question imme- 
diately involved, but having reference to the early history of every part of the 
western frontier. The titles to the lands held by the Ohio and Indiana or " In* 
diania" companies are herein discussed; descriptions are given of the vast do- 
mains there lying unoccupied and inviting the advent of tlie whites, and the 
boundaries of empires limited by large rivers and high mountains and claimed 
by the different savage nations are dealt with, as if they were the outlines of an 
ordinary plantation, about to be transferred from the hands of one owner to 
those of another. The northern part of what is now West Virginia attracted 
unusual attention during their investigations, and from the data given, with the 
names of the earlier settlers, it is discovered who were the pioneers of that region. 
In connection with Virginia's claim to the vast country stretching westward as 
far as she was at liberty to go under the ancient charters of the Colony, the titles 
of the Six Nattons in the north and of the Cherokees in the south to the same 
territory are discussed. Many interesting facts connected with the history of 
these tribes are thereby brought to light. Among othere, the real significance of 
the phrase ^^dark and bloody ground," which has erroneously been supposed by 
many to have had its origin in the adventures of the pioneer whites with their 
savage foes, in that region, is explained. The country lying on both sides of 
what is now Green river in Kentucky along its entire length and extending as 
far south as the Cumberland and westward to the Mississippi, had for ages been 
the common hunting grounds of the savages coming from the north and from the 
south. The former, driven by the asperities of winter, migrated to it in pursuit 
of game for food, and the latter, attracted thither by the haunts of the elk and 
the buffalo, which were not so plentiful farther south, went also to hunt upon this 
great central belt of country. Here, therefore, the hostile bands met and killed 
each other as well as game ; and up to the time of the advent of the whites, it 
had been a sort of Indian Flanders, made " dark and bloody " by the cloud of 
war that had so long hung over its primeseval forests. It was doubtless for this 
reason that on several occasions during the progress of the treaty at Watauga, 
some of 4he chiefs of the Cherokees, pointing to that fated region, refused to be 
responsible for the life of any one venturing within its limits. These depositions 
also confirm the statement elsewhere made, that Capt. Wm. Trent with thirty* 
three Virginians, established the first settlement made by the whites at the oon- 
fliience of the Alleghany and Monongahela rivers very early in 1754, but was 
soon after driven out by a superior French force. Subsequently the British Gen. 
eral Forbes, by permission of the Six-Nations, erected a fort at the same place, 
and held it in the name of the English people, until 1772, when Major Edward 
Ward, who had been an ensign in Capt. Trent's company, got possession and oc- 
capiedi until the year 1774, when Major Connelly with the Virginia militia took 
final control, but it is not stated how long he held it. 



hviii INTKODUCTION. 



Interesting accoants are also given in these papere of the vacillating conduct 
of the Northwestern Indians during the French war, in taking sides alternately 
in accordance with the varying fortunes of both combatants. The Six-Nations, 
however, seem generally to have been more friendly to the English, or " Long- 
knives" as the Virginians were always called by the Indians. The dates of many 
of the oldest settlements made along the Monongahela and Alleghany rivers, and 
in the country immediately contiguous, are herein given. 

Early in 1774 Ool. Wm. Byrd, of Westover, John Page, Patrick Ilenry, Esqs. 
and others, had taken steps towards acquiring by purchase large tracts of lands 
in the West, said to be the property of the Cherokees. For this purpose they 
had sent out a special messenger to enquire into their disposition to sell, by whom 
the Chiefs sent back answers favorable to their designs. Tliese gentlemen were 
therefore encouraged to proceed in their enterprise. But as the troubles with 
Great Britain continued to increase, and when Patrick Henry perceived that by 
his official position as a member of the Convention of Virginia, and of the Con- 
tinental Congress, he would most probably be called upon to take -part in pro- 
ceedings involving the titles and bounds of such purchases and land grants, he 
promptly withdrew from all personal connection with the proposed speculations- 
More than this, he would not accept any of the many gratuitous offers made him 
of shares in these land adventures. At a very early session of the Virginia 
Convention of 1775, when it became necessary also to question the right of the 
crown to issue warrants for lands in the Colony, either to favorites or to pur . 
chasers, he took the position not only that the demands of these land speculators 
were too excessive, and therefore should n'»t be allowed ; but above all that the 
"People of Virginia had a right to tlie back country derived from their Charter 
and the Blood and Treasure they expended on tliat account." In making the 
latter statement, Mr. Henry evidently intended to assert the true right and title 
to the vast region on her western frontier, already vested in Virginia, though she 
herself had not yet been freed from the British yoke. Thus was afforded by his 
conduct on this occasion another instance of the unselfish devotion of that emi 
nent patriot to the interests and honor of his native State. • 

The title to all the territory extending westward to an indefinite distance, was 
vested in Virginia by the terms of her ancient Charters; and to most of those 
involved in these discussions by virtue of the treaty of Fort Stanwix, on which 
occasion her interests had been represented by Dr. Walker and Gen. Lewis. It 
was on this account particularly, that Henderson in his negotiations with the 
Cherokee Chiefs refused to purchase any land north of the Kentucky river, which 
they desired to sell to him, although well aware they had no right to it themselves^ 
He did, however, contract with them for lands south of that river. *But his title 

 FQson^s History of Kentucky. London, 1793. 



INTRODUCTION. Ixix 



even to these was attacked with sach force by Virginia that he finally had to 
abandon all effort to liold them. As a compensation for the great trouble and 
expense be had encountered in these negotiations, he and his followers were 
afterwards allowed a grant of two hundred thousand acres in the country trp« 
versed by Green River; the very heart of the once "dark and bloody ground," 
and extending from the Cumberland on the south to th^ Kentucky River on the 
north, and subsequently known as Transylvania. 

* Dr. Walker, of Albemarle County, in company with others, had penetrated 
the wilderness in Kentucky in 1754, and according to some, as early as 1747. 
Indeed, nearly a century before this date, a Col. Wood, " who dwelt at the falls 
of James River," is said to have gone, with a band of followers, not only through 
nvhat is now Southwest Virginia, but afterwards as far as the Ohio in the other 
direction. 

Daring the investigations, so often referred to, amongst others a question arose 

as to whether any attempt had been made by the companies acquiring lands in 

the west, to assert a prior claim of sovereignty by exacting an oath of allegiance 

from the people settling upon these grants under their .auspices. This had been 

asserted of them, and the enquiry was made from a proper regard for the rights 

of Virginia in that vast domain. It was found, however, that no such power had 

ever been claimed. The proprietors had in some cases reserved to themselves the 

right to veto any action taken by the people in Convention assembled, on the 

gronnd that unless this pD'iviUge were allowed them, the latter might at any time 

come together, and through their chosen delegates, pass ordinances at variance 

with the chartered rights of the former. This doubtless had given rise to the 

enquiry alluded to above. 

It is noj; necessary to dwell longer upon the records bearing immediate relation 
to the main question at issue in these depositions, and the other papers inciden- 
tally connected with western affairs at this date. Upon a close scrutiny they 
will be found to contain a large amount of information, of more than ordinary 
interest, to the history of that region. 

In addition to the two letters of George Mason, already referred to, but few 
other documents connected with the Revolution, now in full career, are to be 
found. Of these, Biirgoyne's letter to a friend, accounting for his disaster at 
Saratoga ; one from Richard Henry Lee, in regard to furnishing supplies for the 
army ; and another from Thos. Smith, State Agent on the Eastern Shore of Vir- 
ginia, whose duties seem to have had important connection with supplying the 
troops by means of the " State Vessels," are alone worthy of notice. 

About this time great efforts became necessary to defend the Southwestern 
frontiers against the British and their Indian allies. The latter were excited by 

^ Martin's History o! North Carolina. 



Ixx INTRODUCTION. 



agents sent among the Southern tribes, to take up arms against the Virginians; 
and under the lead of these and native loyalists, were constantly threatening the 
most exposed parts of that country. It was with difficulty, and at great sacrifices 
on the part of the people that this hostile combination could be kept at bay. The 
military resources of the country were severely taxed. Drafts had been con- 
tinually made upon them for recruits to fill the ranks of the regular army in the 
east, while volunteers were kept in the field to protect their frontiers in the west. 
The result was, that there were times, when out of the nine hundred and sixty- 
five available militia of Washington County, for instance, one of the largest dis- 
tricts in that region, not a man was to be found out of service ; and there were 
barely enough old men and youtlis left at home to supply food for the families 
of absent soldiers. The trials to which these, and the people in other parts of 
the State were subjected at a later date, will be made manifest during the pro- 
gress of these records. 

In July, 1774, appears a communication from Governor Jefferson in reply to 
the Governor of Detroit, on the subject of Lieutenant-Governor Hamilton's 
imprisonment, and the treatment of himself and the officere taken by General 
Clarke at Vincennes. In this letter (probably never before published,) reasons 
are given at length why rigorous measures had been adopted by the authorities of 
Virginia in tlie case of these officers. Hamilton, after his capture, had protested 
against a report of the matter, forwarded to tlie British authorities by tlie Gov- 
ernor and Council in vindication of their conduct. The communication just 
referred to, seems to have been written by Mr. Jefferson as a rejoinder to the 
strictures made upon that report by the Governor of Detroit, and to complaints 
made by Hamilton himself. In doing this, the distinguished author reviews the 
history of the treatment of American prisoners from the beginning of the war to 
the date of his letter, and comments with tempered severity upon many of the 
points at issue. At the same time, however, that this is done, he dwells with 
becoming effect upon the cruel policy observed by Hamilton in the Northwest, 
and convicts that officer of crimes, repulsive alike to the dictates of humanity and 
the usages of civilized warfare. In the course of this statement, one cannot but 
admire the skill with which the writer arrays his facts, and the knowledge of 
military precedents displayed, with which he not only strengthens his own posi- 
tions, but attacks those of his adversary. 

Those who are familiar with the history of the campaigns in the Northwest, 
will remember that Hamilton had given ordera to his own men, and to his savage 
allies, not to spare any one falling into their hands. Indeed, a reward was given 
by him for the scalp of every white person on the side of Virginia, whether of man, 
woman or child. It was for this reason that Clarke always spoke of him as '' the 
hair-buyer General." Hence, when Hamilton fell into his hands, nothing saved 



INTRODUCTION. Ixxi 



liim from summary punishment, but the terms of surrender by which the capture 
of himself and force, had been so adroitly managed. 

Upon being brought to Virginia, he, with several of his ofiicors as guilty as 

bhnseU^ were put in irons and confined in the common jail of Chesterfield 

Cbanty, until finally released on parole. This was indeed a mild termination of 

their case ; but it was considered the wiser policy in order thereby not to afford the 

eoemy any pretext for adding to the sufferings already experienced by prisoners 

in tbeir hand^. It is worthy of notice here, that the ruler of a foreign Depend- 

enoy ^as constrained to communicate with the Executive of Virginia on this 

subject, as being tho proper source of redress, and not with the Continental 

Congress, or even with General Washington himself. The conquest having been 

made under the auspices of Virginia, and by her people, all the attending cir-. 

cimastances were very properly considered by tho Governor of Detroit, as relating 

to the part she alone had borne in it. Governor Jefferson subsequently reported 

all the facts to the Commander in Cliief, with such explanations as were thought 

necessary to protect American prisoners from retaliation at the hands of the 

eoi 



papers immediately succeeding the date of the above, belong properly to 
A ne^w epoch, the events of which will occnpy the second volume of this work. 
For this reason, therefore, they should be reserved for appropriate reference in 
th&t connection. 



CALENDAR OF STATE PAPERS. 



1362. 

Xand Pattent, to Henry Palin & John Swingleton. 

all U whom thefe prefints Jhall comt : I, Richard Bennett, Eiq% 1652 
Go^r^mour, and Capt Generall of Virginia, fend greeting, in Our Lord December 6tb 
G(>^ cverlaftine, Whereas, by the Article, dated at James Citty, jimeiCity 
this ^virelth of March, one thou&nd fix hundred fifty-one. Concluded 
and Signed by the Comff", appointed by authority parlia™^, for the 
relia<riiig^ fettling, governing of Virginia, it was provided that the priviledg 
of iiftty acres of land for every p'fon tranfported into y* CoUony, (hould 
^ <^otitinued as previoufly granted ; and, whereas, by Ad of A Grand 
Aflfetxibly, made y* twenty-firfl of Aprill, one thoufand fix hundred fifty 
^nd tivo, it was provided that all pattents fhall hereafter be figned under 
vh^ Govern** hand, with y* Seretaries, & shal be accompted authen- 
^^\ie vallid in law, untill a Collony Seal shal be provided and ap- 
V^Vntcd. Now, Knowe y* that y* fy* Richard Bennett, Efq"^ does, 
^^ y* name of y* Keeper of Y' Libertie of England by authority of par- 
Wa"* w*** th* confent of th* Councell of 5tat% give and grant unto Henry 
Palin and Jno. Swingleton, thr® hundred acres of land Lying on the Eafl- 
ward fide of a Runne, w** falles into y* head of Ware River, in Mock- 
jack Baye, beeining at a marked tree of Jno. Walker's Land, runing by 
th' syd mrk^ tree to y® fy* run, weft, three hundred and twenty 
pole, and from y® run, nor^^ one hundred and fifty pole, by m'^ trees, Eaft> 
three hundred and twenty pole, Sou^, one hundred and fifty pole to y^ 
ra* tree firft * * * the ly** land being due to y® fy* Henry 
Palin and Jno. Swingleton, by and for the tranfportation of fix * * * 
pcrfons into y* Colony, all whofe names are in record, mentioned under 
this pattent, to have and to hold the fy^ land w'^ its due fhare of all 
(wood) and mineralle therein contained, with all rights and privileges of 
bunting, hawking, fifhing, fowling, with all woods, waters and rivers w^ 
all profits,, commodities, & hereditaments whatfoever any wyfe be- 
longing to tb^ &]^ land, to them th^ sy"^ Henry Palin and Jno. Swingle- 
ton. their heires and aflignes, forever, in as large and ample manner to all 
intentes and porpofes, as is expreft in a Chartere of Orders from y^ late 
Trefurcr and Comp* dated, the eighteen * * * or by 

coniequence may be juftly coUe&ed out of y® land or out of y® Treas" 
Pattents, on w^ y* are grounded, yielding and paying both y® rent 

appointed * * for every fifty acre of land herein, by 

thefe pre&nts given and granted, yearely, at the feaft of Micheal the 



i CALENDAR OF STATE PAPERS. 



1652 Archangell, the free rent of one (hilling w^ payment is to be made feaven 
yeares after the firft grant, or seating thereof, and not before ; provided, 
that if th* fy** Henry Palin & Jno. Swingleton, their heires or aiEgns do 
not plant or feate, or caufe to be planted or feated the sy*^ land w^in three 
yeares next enfuing ; that then it fliall and may be lawful for any adven- 
turer or planter to make choyce and seate thereupon. Given at James 
Citty, this fix day of Decemb% one thou&nd fix hundred fifty & two, 
Ann' 1652. 

RL BENNETT, 

W. CLAIBORNE, &i:>.* 

,660. To the Right Hono^^* S*' William Berkeley, Lt. Gov', &c., &c. : 

John Edwards humbly Iheweth — 

Curious com- That as the fruits and efforts of Corrupt and vile principalis, are 
puint against all impieties towards God, foe they are the caufe of all originall un- 
v^^^oFihc'' righteoufnefs and baffeneffe towards men ; fFor the verity whereof yo' pe- 
highwaysy &c. tition*^ doth hereby inftance in John Biggs, a p'fon well knowne in the 
County of Lower Norfolke, who before his undertaking to ferve the pub- 
lique, m the place of a Surveyo' of the high ways, did, verry ii^enioufly 
confeflfe (what others did think of him) hee did it to ferve his owne p'ticu- 
lar ends and purpofes y^ hee might obtayne wagps for his owne conveni- 
ency, which truth is the rather to be beleived in, y^ the (aid Biggs, for 
many years, as is well knowne in the faid County, hath beene averfe to 
and neglective of the p'formance of the publique dutyes, and as his ends 
were bafe and felfifh fuch was the p'formance of his worke which hee 
undertooke, y^ of the wages w^ in his limitts, which hee had occasion 
to ufe, is sufficiently donn, the reft left undonne, to the great annoy- 
ance, hindrance, damage and abufe of his Maj^^ good fubjtSs. 

Yo' Petition' therefore humbly prayes y^ the fkid Biggs hath, 
herein neglefted the p'formance of his duty (unbecoming a good 
Chriflian, a Loyall fubject and a true Englishman.) Hee may 
fuftayne the penalty which the law impofes upon all fuch p'fons 
foe offending, thereby juftice ihall take place, w^^ which God is 
well pleafed, his default expiated, and others detered from run- 
ning into like offences. 

And yo' Petition' as in duty bound, (hall ever pray, &c. 

To the Right Hono^^^ S' William Berkeley, U Govern' & Cap* Gen" 
of Virginia, and the Hono^^® Counfell of State : 

William Rookins humbly sheweth — 

Appeal from That, Whcrcas, Jane Rookins, Mother to Yo' Petition', and one M' 

the order of Henry Randolph, jointly purchafed a negroe woman, called Maria, with 

tidTto o^ain condicon y* fliee and her children ihould be to the ufe of yo' Petition', and 

negroes, &c. M' William Randolph, fonne to to the faid M' Henry Randolph, or the 

Rookins and 

Randolph, Sec, * This Patbmt was granted dming Cromwell's Protectorate, hence the change  aome 

of the phraseology, characteristic of these docnments. It will be obsenred that the wordtf 
** Our Lord Ever/attitig '* take the place of the usual Royal phrase, ** By tit Graci of 
G«</***»that the Lord Protector's prerogative is described in the words, *' Kteftt tf tie Ubertie 
9f Englani'^-^tYitt the Arch Angel is spoken of as <• Mitkmei " ivtead of Saint Mickstlt *c. 
The Parliament having abrogated the Royal Seals, it became necessary that all Patents signed 
by the Governor and Secretary should be declared " authentique and valid in lawe '* until one 
should be provided for the Colony, as was promised by Cromwell, but was never done. 



CALENDAR OF STATE PAPERS. S 

furvivor' of them. The &id M' William Randolph is decefed, and by 1660 
deed of guifte the (aid M' Henry Randolph hath given, gratinted, con- 
firmed and rattified to yo' Petition' and his heires, all his right and title to 
the faid negroe woman and her children, covenanting the quiett pofief- 
fion of them againft him and his heires, or any other clayming by, from 
or under him or themy as will appear by the laid deed of guifte, under the 
faid M' Randolph's hand. Now, may it pleafe yo' Hono", The Hon^^^ 
Coll. Tho* Swan, obteyned an order againft the eftate of the f ^ M*^ Ran- 
dolph, in Henrico Court, And by Virtue of that order fued yo' Petition' 
in Surrey Court, and the Court adjudged half the faid negroes to belong to 
the laid eftate, and hath graunted an order for the fame. 

Now, therefore, may it pleafe yo" Hono", yo' Petition' hath 
appealed from the (aid order to this Hono^^® Court, Humbly 
prayinge yo' Hono" to reverfe the (aid order of Surrey county, 
and to confirme the (aid M' Randolph's deed, which yo' Peti- 
tion' humbly conceaves belongs to him by furvivorfliipp, &c. 
And as in duty bound, ihalT ever pray, &c. 

To the Right Hono^^« S' William Berkely, Knt., &c., &c. : 

The humble Petition of Chriftopher Robinfon, Sheweth : 

That one, Bartram Qbcrt, Dec**, the ftather of yo' Pet" wife, was 
PofTefed in his life time of a Certaine parcell of Land, Situate in Middle- 
fex County ; w^ (aid land, he, by his laft Will, Devided into parcells and 
Sett to his children. But he, y® f^ Bartram Obert, being an Allien borne, Lan^, of tiiem 
ye afore(aid Land was, imediately after his Deceafe, found to Efcheate to escheat to the 
ye King : The Benefitt whereof yo' Hono" was pleafed to Graunt to 9'^°Y"' ** ^'^^ 
the Orphants of the (aid Bartram Obert, &c., &c. [The Petition then **' ' 
asks that this grant being, somewhat ambiguous, be more particularly de- 
scribed, so as to be to the benefit of the said orphans, &.] 

To the Hon^^®, the Gov. and Councill, &c. : 

The Humble Petition of James, Wallace, Sheweth — 

That yo' Pet' sued one Thomas Hill, in Charles Cittv County Court, Again»t Hill 
in an aeon of trefpasfe, uppon the Law againft trading with Servants. for trading with 

That the fd Hill obtained feverall references in the cafe at that Court, "^8'°^ 
&c,, &c. 

Mr. William Sherwood, Dr., to the first Cost : 

To I Cravat, Lace, coft 

To 4 yards Lace, coft 25s pr yard. 

To I yard of ffine Lace, for a pin-er, 

To 3 yards Lace, for fFrille and (falls, coft 

To 6 yards fine plaine Ground Lace, &c.. 

To 3 yards of Point Lace, for a Hanckercheif, 

To I yard Narrow Lace, 

To 2 Tiffeny Whi(ks, 



£. 

5 


s. 




D. 



Specimen ac- 
count — Lace^ 


5 










I 


10 







2 


8 







2 


II 










18 


6 







2 







I 


00 


6 




18 


10 


6 





1 

1 



^ CALENDAR OF STATE PAPERS. 

1660 To the R*^ Hono"^ S*' Wm, Berkeley, Kn*, Cover' and Capt, Gcn^ &c : 

The petition of John Edloe, Ton and heire of M' Mathew Edloe, his 
late father dec*d, Humbly Sheweth — 

John Edioe'i That in the yeare 1668, yo' pet" father dyeing, the Adm*** of his ef- 
^^"^^'m***^ tate was comitted to Tabitha his Widd. yo* pet" mother, who alfoe dyed 
bc'ippointe? *" ^^^ yeare 1670. Not long after. Major Thos. Bowler, by marriage 
iiii guardian, with Tabitha, yo' pet" sifter. Executrix of our faid Mother, became pof- 
feiTed as well of the Lands and tenements, as other the eftate of yo' pef , 
but yo' Hon", in tender care of yo' pet' comitted the tuition of his 
p'fon to Coll. Robt. Wynn, with whome he hath ever iince lived, &c. 
[Then follows a long defcription of the damage inflicted upon his eftate 
perfonal and real, by neglect and depredation ; which condition of things 
compels him to beg that M' Minge, his kinsman, ** be Guardian of yo' 
pet' &c."] ^*That yo' hon" will be pleafed to comand that the SherifFc of 
the County of James Citty, caufe to come upon the Lannds and Tene- 
ments aforefaid within this County, a Jury of lawfuU men, amongft 
whom Carpenters and other Workmen to be Joyned. That they be 
charged to enquire of such waft as hath been p'mitted or comitted upon 
the p'mifes, &c." 

To the R* Hon*'^" S' Wm. Berkey, Knt., Gov', &c. : 

The Petition of John Mead, Carpenter, Humbly Sheweth — 

John Mead, a That Edward Diggs, Efq', dec'd, being indebted to yo' pet' the fume 

eTd-^* V' ^^ t'^rce hundred and one pounds fix fhillings, eleven pence, Sterl., due 

»ggs, sq. p^^ j^y agreement under the hand and scale of the faid Edw* I^iggs, Efq', 

and tho' ther part for worke don above y* agreement; which fume being de- 

nyed to be paid by the faid Edw"* Diggs, Efq', yo' pet' comenced an action 

ag* him the laft Gen" Court, and yo' hon" ordered that the worke don 

Members of the (hould be viewed by feme of the Hon^^* Councill who were pleafed fby 

S^work°''ina ^^^ confcnt and defire of Cap.. Wm. Diggs, fon and heire of the faid 

dccid^°&c.*" Edw* Diggs, Efq', — after the deccafe of the faid Ed. Diggs, Efq') to view 

the worke don by agreement — and yo' pet' humbly conceiveth that the 

£iid hon^^* p'fons, who were foe appointed will report the fame to this 

hon^^* Court, &c. 

To y« Right Hon^^^ S' William Berkeley, Knight, Goven', &c., and 
Councell of State : 

Y* humble pet^** of John Hofliis, humbley Sheweth — 

Corn & dothet That whereas yo' peti"' lately servid Henry Sprat, of y* County of 
fumUhed, ac- Lower Norff., who refufeth to pay him Corn and Cloths according to cus- 
co^ing to cus- ^^^^^ f^^ ^h yv petnr obtained order of y' forcfaid Court, againft y« (^ M' 

Sprat, &c. 

To the Right Hon^** S' William Berkeley, Knight, &c. : 

The humble peticon of Mary Culpepper, Relift and Ad" of the ef- 
tate of M' Jno. Culpepper, Dec'd : 

Whereas, Y** Hono" was pleafed to graunt y® humble petio' an Or- 
der -for y* fum of fEfty pounds, fterling, out of her hufbund's Eftate in 



CALENDAR OF STATE PAPERS. 



*? nature of a paraphernalia. * And whereas, her Aid hufband's Inventory 1660 
^' Eftate was appraifed and reduced into Tobacco. 

Y* humble petio' therefore humbly prayeth that yo' Hono" 
wil bee pleaied to afcertayne her a certaine fume of Tobacco in 
the lieu of her fifty pounds, fterling. And y' p'tio* as in duty 
^ bound (hall ever pray, &c. 

^ Cfcc Right Hono"* S' Wm. Bcrkely, &c : 

Robert Beverley, Atturney of M" Ann* Day, Relid and Adminis- 
tratrix of Capt. Jno. Day, Deceafed, Humbly Sheweth — 

'IThat M' Robert Jones, of Northumberland County, ftands indebted to Arroaoca, 

yo*" Petition' in quallity afore"^, in the full fume of two thouiand live hun- (^©noco 
<ired pounds of good, found, bright and large Arronoca Tobacco and cafk, ^^'' 

w^ h^th been due at leaft three yeares, &c. 

To the Right Hon©*"* S' Wm. Berkeley, &c. : 

TThe Humble Petition of Coll. Robert Wynne, Sheweth — 

That Capt. Huberd ffarrcll, hath caufed y**' petitioner to be arretted to For non-aoit. 
tUs Hon^" Court, and to make his appearance the firft day hereof, but 
bath not ent'rd his declaration as by A£t of . Aflembly is injoyed, where- 
fore yo' petitioner humbly pr^es a non fuite againft tne (aid Huberd iiar- 
fell, Mrith cofts and damages, occ, 

To the Right Hono^^* S' Wm. Berkeley, &c. 

Mrs.. Elizabeth Diggs, Humbly Prayeth — A due proofe of Edward For proof of 
^^8g«s, Esq% her late deceafed huftand's last Will and Testament. '''"• 

And Ihe ihall pray, &c. 

* the Right Hono^® the Gover' and Councell of Virginia : 
Richard Whitehead most humbly (heweth — 
That yo' pet' is a faithfuU Leige Subject of O' Soveraigne Lord the RichM white- 
Kingc, and hath duringe the ty me of his aboade here in this Collony, Lived [)fg*[ij*„*2'm If 
and Continued of good name, reporte and behavio', as well towards his oncjamoTui^ 
neighbors as wi*** other good, faithfull and hon***® p'fons of this Collony, ner of New 
and by all the said Tyme hath been efteemed and reputed free and deare ^^'^^ coynty. 
from any kind of falfehood, fraunds, * * fforgcry, or any other 
hurtfuU crime, or from the procuringe of any fuch like Crimes in any 
manner whatfoever, by reafon whereof, he hath not only Deservedly had 
and obtayned the Love, favor and good will of all his Neighbors, but alfoe 
ty the approbation of worthy and hono^** p'fons of this Collony -, hath 
been imployed, invested wi"" and put into places aud offices of Create 
Trufte, to his Espetyall advantage and Livelihood, Notw*ftandinge. James 
Turner, of the County of New Kent, not being thereof ignorant, but 
envyinge the happv Estate of yo' peticon^ and wickedly and malitioufly 
intendinge not onely to take away, wound and Destroy yo' Peti" good name 
and repute as aforesaid, bmt Likewife, to bringe and inauce yo'^ petition' in- 
to the danger of the paynes and penaltyes by the Lawes and Statutes of 



*-PAitf asBKALMr— The foodt whicli a woman iMrovght to her husband betidct her dowrjr — 
(£if • Lavf.) the goodi which a woman is allowed to hare after the death of her husband, be- 
iidss her dower, couiUting of her apparel and ornaments, suiuble to her rank, Burril/,— 
<WoifiiirM*4 J)iari0NAar.) 



6 CALENDAR OF STATE PAPERS. 

1660 his Majesty's Kingdome of England against Forgery^ Did on or about the 
fix and twentyeth day of December last paft, publith, pronounce, and w^ an 
audible voice, Declare thefe false and scandalous words to and of yo' pe- 
tio^, in the p'fence and hearinge of Divers good and faithfuU subjects, to- 
wit : That thou (meaning yo' pet') art a Forged Fellow, for thou forged 
a Bill in the name of Samuel Snead, and set his marke to it, and I will 
prove it — ^by reaibn of the Speakinge of w^ falfe and icandalous words 
yo' petitio'** good name is much wounded, and hee thereby much p'ju- 
diced. 

Hee therfore humbly prayes that yo' Hono" would take fuch 
course for the Clearinge of yo' petio''* reputation, against the s* Turner^ 
as in yo' grave and wise Judgments ihall bee agreeable to juftice. 
And he shall pray, &c. 

To the R* Hon^'« S' Wm. Berkeley, Km., Gov% &c. : 

Thomas Ballard, high Sheriff of James Citty County, Humbly 
Sheweth — 

Petition for feci That he hath due him from William Newberry, prisoner, for 7 months 
in Mcuring pri- Imp'ison"* and charges in recovering him, after his breaking prison and 
•oner, tec. g^^^^ ^^35 Ibs Tobacco and Calkc. 

Yo' pet' humbly praies Order for the faid fume againft his 
Estate, or the C^ where he was apprehended, &c. 

Petition *To the R* Ho^^« S'^ W"> Berkeley, K''\ Gover^'g" and Ho^'« Counccl of 

State : 

Edward Harris humbly (heweth — 

That the King's Mod Excellent Majefty was gratioufly pleafed in 
1650, to grant unto Thomas ffreeman, one of his domeftique fervants 
2,000 acres of Land in Virginia — 

Yo^ Pet% to whom the (aid land now belongs, humbly prays 
a grant for 2,000 Acres of Land according to his Maj'^^ faid 
grant, where he ihall find the (ame, without entering. 
And hee ihall pray, &c. 
Grtd. 

1665 t Unto the Worp^* the Juftices of New Kent : 

Oct. 27th, The humble pet*' of Samuel Sutton, 

New Kent Co. That, Whereas, about the laft of July laft paft, Simon Butler tooke up 
a younge Gray Horfe of yo' pe^, contrary to his knowledge, haveing rode 
him till he foundered him both in body and Leggs, turned him goeinge 
againe in the night, clofe by the Houfe of Wm. Ingraham, where yo' pe^"" 
hath his aboade, he beinge utterly Spoyled. 

Yo' pe^ humbly deurefes the (aid Butler may bee order to 
make fatiflfaccon accordingly w^ cofts of suite. 

Vera Copia Exacta. 

Pr THOS. HALL, C/i, isfc. 

* There it an erident chronological error here, inasmuch u Charles was beheaded 
January 31st, 1649. The document only lervet to ihow how the King'c £iTonr ftU upon a. 
" domettiquc lenrant.** 



f Specimen **Form of Petition, ftc./* of thii date. 



CALENDAR OF STATE PAPERS. 7 

* Thefc arc in his MajisP* name, to will and Require you to Areft 1666 
the bodie of Jopeph Whittfon, and him to detayne in Cuftodie 'till he Man:h iStH 
enter into Bond with suffitiant securitie for his appeerance before the 
Governor and Counfell the firft day of the next Generall Court to be ^JJ'" ^*^^°^^ 
held in James Citty (Jamestown) then and there to answare the Com- 
playnt of James Mills in an Action, of the cafe hereof, f&ile not, as 
also to make full retourne hereof. To ye Sherife of Lower Norfolke 
County or his Deputie. 

IRA KIRKMAN, 

Clk. 

Writ ifliied by Ira Kirkman, &c., requiring the arreft of Randolph June 7th 
Kirke, to enfure his appearance before the Gov. & Councel, at James 
City, on the 14 day of next General Court, ^^ in the afternoon," to an- 
swer the Suit of one Thomas Buihrod, &c. 

Writ iflfued by Ira Kirkman (Clk.) James City, requiring the arreft August 2d 
of Col. Gerrand Starke, executor of Tho' Starke, deceafed, to enfure 
his appearance before the Gov. and Council, at James City, on second 
day of next Genl. Court, at the suit of W"^ Kemp. 

Summons by Ira Kirkman (Clk.) to Randolph Kirke, for his appear- August 7th 
ance before Gov. and Council, on the 4^^ day of next General Court, to 
teikify in the suit of John Roberts, guardian of Eliza Jones, infant of 
Ric^ Jones, plaintiiF, and John Hill, def** 

Writ iffued by Ira Kirkman, (Clk.) to Sheriff of Weftmoreland C°» SeptV a4tb 
requiring the arreft of Mr. John Lee, one of the Executors of the laft 
will and teftament of Col. Ric** Lee, to appear before Gov. and Coun- 
cil, on 3d day of next Genl. Court, *Mn the forenoon," to anfwer the 
suit of Edmund Lifbro, as marrying * • * • Anne, relict 
of the said Col. Lee. 

Summons by Ira Kirkman, (Clk.,) iffued to Sheriff of Rapahannock SeptV 25th 
C^' to cause the " appearance " of W™- Harding, John Lacy, Marg" 
Gains, Heniy Goodrich and John Roby, "before the Gov. and Coun- 
cil, on the 2^ day of next Genl. Court, to teftify "their knowledge in a 
difference " between Cuthbert Potts, Atty. of Henry Chickley, and John 
Cox, defendant. 

* 

Petition of one W"* Drummond, for part of 3,000 acres of the land 
called " Governors Land," near James City. 

No date. 

Summons iffued by Ric** Norborne (Clk.) to enfure the appearance of 1668 
Major Daniel Parke, at the Suit of George Bridger, Sn'. 

Much mutilated. 

Summons iffued by Ric* Norborne, (Clk.,) againft Col. Rob* Pott and 
others. 

* Specimen writ of summons. 



8 CALENDAR OF STATE PAPERS. 



1668 Summons of same to Henry Applewajte. 

Petition and remonftrance of one Peter Garland to S^ Wm. Berkeley^ 
againft the tre^»& of one James FuUor, &c. 

Petition of M" John Mohun, for damages and cofte of goods said to 
have been damaged on board ship Daniel, &c» 

1672 By (h^ Governor and Capt. Genl. of Virginia : 

Six jurymen Whereas, it appcarcth that Mary Blades, Serv* to M' John Knowles, 

tnmmoned to hath mod viUionously stabed and Murthered Phill Lettie, her fFelow 

try a alaTey &c Serv^ Thefe are, therefore, in his Magiftie's name, to will and require 

you to Impannell six men of the ableft and neereft neighbourhood where 

the fact was Committed, to the iFourth day of the next Gen^ Ct. wherof, 

faile no,t at yo' perill, as you will answer the contrary. 

Given under my hana this fEfteenth Day of fFebry, 1672, and the 
xxiiii^ yeare of The Raigne of Sovarg*^* Lord King Charles the Se- 
conder 

To the SherrifFe of Henrico 1 
County, or his Deputy. J 

1673 A grant from Sir W" Berkeley, Kn*, &c., unto John Proffer and 
NoT'r 4t]i Thos. Pannell, for five thousand two hundred acres of land in the C** of 

New Kent, due by and for the transportation of one hundred and fouer 
perfons, &c. 

" Copy teftc : " 

C. C. THACKER, Clk, 

1674 Petition of M'^ Jabitha Brown for damages, for the detention of two 
negroes for one year by Col. Tho* Goodrich, &c. 

To ye Right Honorable S' William Berkeley, Kn*, Gouverner and Lieut. 
Grenerall of Virginia, and to ye Honorable Councell of State : 

Ye humble petition of Major Lawrence Smith, 

Humbly Sbcwetbj 

1675 That upon y* 13*^ day of December, 1673, y' petitioner did patent 
Fall cf the leaf fo"^^ thousand six hundred acres of land, which* lyes in New Kent 

County, upon a Reedy Branch, far Remote by Mattapony fwamp ; which 
fixmd«°a? this ^ Laind your petitioner proposed this Last fall of the leafe, to have seated ; 
date but weare diverted from soe doeing, by Reason of ye great fear of Indians : 

the same being Remote from any plantations. 

Y' petitioner therefore humbly prays your honors will please to 
grant him seaven yeares time to seate the said Laind ; as in such 
cases is accustomed to bee granted, &c., &c. * 

^**lSf2^ * To the R* Hon^i« Sr WiUiem Berkeley, Kn*, Governor, &c., and the 
^'*""' *'• hon^* Councell of State : 

Mary Huber^ widow, Robert Huberd, her sonne, in most humble man- 
ner per*S That yo' pet' were sumoned to the second day of this court. 



CALENDAR OF STATE PAPERS. 9 

to an>eare before yo' Hon^" at the Aiit of Mr. Thomas Hansford, not 1^75 
knowing anv cause of Action had had against you'® pet* did send upp' for 
a copy of his declaration on Monday last, that they might make defence 
accordingly— -but it appearing by a certificat under the hand of the Gierke 
of this hon^* Court that noe declaracon was filed againft y' pet' on Mun- 
day morning last, the lawe enjoyning the same should bee entered three 
daise before the day of Hearing. 

Y' pet" humbly pray dismisdon of the Cause w^^ damages and costs. 

And y' pet' shall ever pray, &c. 

These are to certiiie that M' Hansford hath entered noe peti'on Againft 
M" Huberd— dated ye 14"* of June, 1675. 

HEN. HARTWELL, 

CU. 
 
To the Right Hono^^* Sir William Berkeley, Let. Governor, Capt. Genl. Petition for tc- 
of Virginia, and to the Hon^^® Councell of State. tionagaimtone 

John Edwards, humbly showeth, ing to ha^e his 

That in October laft y' Petitioner in zeal to God's Glory and true J^^|^"" '^^"•" 
obedience to his Maj^*' lawes, did exhibit twoe p'lent"*'* to the Wor- 
fhip^^ the Court of Lower Norfolke : againft John Biggs of the fame 
County, the which, w^ their circumftances and aggravacons did purport 
matters and things tending to the high diflionor of Almighty God, and 
distructive to the peasse and wellfare of his Maj^^^ good subjects, which 
Worsfliip^^ Court made noe finalle result of; therefore y' petitioner ap- 
pealed to this Hono"® Court, that whereas the iaid John Biggs, contrary 
to the ordinances of the Church of England, establishi^d in this Collony, 
refufeth to come to church, and alsoe refufeth to christen his children, 
which is alsoe contrary to severall A£ls of Parliam^, and an h&. of As- 
sembly, in that case, made and provided. And y' petitioner humbly 
prays y** Wors^ Jud^** herein, and alsoe to grant yo'Petitioner the bene- 
fitt of the hGts w^^ his charges. 

And as in duty bound fliall ever pray, &c. 

Know all all men, whom this may concern : Erideoce 

That whereas, John Bigges was Ordered by our County Court, held in ^S^^^ '"^ 
Apprill, to bring his children to the Holy Ordinance of Jiaptism, by the 
1 2th of May next enfuing: Hee, thee (aid John, did neither bring nor 
fend them to be baptized by me, die prefent minifter of Elizabeth Kiver 
parifh, by the time appointed. 

As witnefs, my hand this 12th of June, 1675. 

WILLIAM HARNE. 

To the R^ Hon^ Sir William Berkeley, Knt., Gover' and Capt. Genl Pedtion of a 
of Virg», with the Hon. Councell of Stote. ~«~ ^"- 

The Petition of Phillip Corven, a negro, in all humility flioweth : 

That y^ pet' being a aervan^ to M" Anny^ Bcazley, kte of James 
Citty County, widdow, de"^. The said M" 6eazley made her laft will 

2 



10 CALENDAR OF STATE PAPERS, 



1675 & teftament in writing, under her hand & seal, bearing date, the 9th day 
of April, An. Dom. 1664, and, amongft other things, did order, will ap- 
point that yo' pet' by the then name of negro boy Phillip, (hould ferve 
her cousin, Mr. Humphrey Stafford, the terme of eight yeares, then next 
ensueing, and then (hould enjoy his freedome & be paid three barrels of 
corne & a sute of clothes, as by the faid will appears. Soone after the 
makeing of which will, the faid M" Beazley departed this life, and yo' 
pe^ did continue & and abide with the said M' Stafford, (with whome he 
was ordered by the faid will to live) some yeares, and then the said Mr. 
Stafford sold the remainder of yo' pe^ time to one Mr. Charles Lucas, 
with whom y^' pe^ alsoe continued, doeing true & faithfuU service ; but 
the said Mr. Lucas, coveting yo' pe*^'* service longer then of right itt was 
due, did not att the expiracon of the said eight yeares, discharge y^ pe^ 
from his service, but compelled him to serve three yeares longer than the 
time set by the said Mrs. Beazley's will, and then not being willing y^*" 
pe^ should enjoy his freedome, did, contrary to all honesty and good con- 
science with threats & a high hand, in the time of yo' pe^*' service with 
him, and by his confederacy with some perfons compel yo*^ pe^ to sett his 
hand to a writeing, which the faid M' Lucas now saith is an Indenture 
for twenty yeares, and forced yo' pe^'^ to acknowledge the same in the 
County Court pf Warwick. 

Now, for that may itt please yo' Hon', yo' pc*', who att the time of the 
makeing the said forced writing, in the servicee of the said Mr, Lucas, 
and never difcharged from the same, the said M' Lucas alwaies unjustly 
pretending that y^ pe*' was to serve hime three yeares longer, by an order 
of Court, w^ is untre, which pretence of the said Mr. Lucas will appeare 
to yo' hon' by y* tefttimony of persons of good creditt 

Yo' Pe*' therefore most humbly prayeth yo' hon" to order that the said 
M' Lucas make him sattisfaccon for the said three yeares service above 
his time, and pay hffai corne & clothes, with costs of suite. 

And yo' pe*' (as in duty bound) (hall ever pray, &c. 

To the Right Hon^^* S' William Berkeley, &c., &c. 

The petition of Richard Young, of Glos** County, 
Humbly shewith — 

e'er re-iurvey That yo' pe^ & those under whome he claimes have for above 20 yeares 

^f land pail beene poffefied of a plantacon or tract of Land in the said County on 

which he now lives, and being wiUing that the bounds of his land ihould 

be made frefh & renewed to the end, differences may be prevented about 

ye same, some of the marked trees beene blowne downe. 

He humbly prays that Major John Lewis, be by this Hon^*® Court ap- 
pointed in the presence of the neighborhood, lay out yo' pe*^** land ac- 
cording to the Ancient Crowne bounds. 

And he (hall pray, &c. 

Petition of John Chilton and James Hay, Church Wardens, for re- 
-survey, &c., of Glebe lands in Nansemond Co., &c. 

Sundry petitions for renewal of Land Pattents — the titles thereto having 
lapfed by reason of failure to locate them — for protection' against Indians, 
&c. 



CALENDAR OF STATE PAPERS. It 



To the Right Hon*»^« Si' Wm. Berkeley, Knight Gov., &c., &c. 1675 

John Catlett, (howeth, 

That whereas yo' pettio' hath a Tract of Lande contg^ five hundred Indians oppo> 
Acres Lyinge wit'in ye mouth of Queen Creeke, on ye north fide in ye ^^® ft****** 
flreshes of ye said river, neare oppoiite to ye Indians. "^ 

Yo' Petion' moft humbly prayes hee k his asflgnes may have yo' hon**'* 
order to have seaven yeares tyme for the seating of it from this date, and 
hee fliall pray — 

Granted. 

Petition of Robt. Beverly, who had been appointed Clerk of the Com- 1677 
mittee of Propofitions and Grievances of the H. of Burgefles, at a salary 
of ^' fifty pounds sterling '' requefling to be informed, whether this amount 
would be paid to him, or its equivalent in Tobacco ? and stating that less 
than this salanr would not remunerate him for neglect of his business at 
home on his farm, &c. 

To the WorshfuU Juftices of New Kent County : 1679 

Charles Turner, 

Humbly sheweth, That in the late *Troubles your petitioner had five 
hoggs of about a yeare and a halfe old Killed and carr^ away by Capt. 
William Hartwell, for the Right bona"* S' William Berkeley's use for 
the Souldiers then under him, for w^^ your petitio" never receved any 
satisfaccon, as he is ready to depofe, he therefore humbly prays certifi- 
cate of this Court upon proofe as afordfaide made, that he may receive 
such satisfaccion as the hon AfTcmbly may think fitt &c. 

Approved thus : 

The Publique D' lb. Tob. 

To the above s* hogs, 500, 

Thcfe may Certifye, that in the late Rebellion, I Killed and carryed April lytb 
away from ofF Mr. Charles Turner's marish (marsh) five hoggs, being, 
to the befl of my remembrance, cropt on both ears, wc^ is the proper 
mark of the said 1 urner, as he claims, wc^ said hogs were for the GoA^er- 
nor and the men with him * * * by his order. 

W°^ HARTWELL, 

Clk 
Teft : , 

Robert Spring, 
Rich. Awberne. 

At a Gerf Court held at James City, April 29^^, 1679, p"«"'; the April 29th. 
Dq)uty Gov'^ and Councell. 

The Parilh of Blifsland petitioning, y^ by unanimous consent of y*' 
whole parifh, a Divifion by suffitient men by them chofen is made of y* s* 
p'ifh, and praying that y* Division be confirmed and fFoure of the Veflry 



* Bacon*! Rebellion. 



IS CALENDAR OF STATE PAPERS- 



2679 appearing, and affirming that y® Division was made by consent of y^ 
parifli. This Court therefore confirmed the s^ Divisioa. 

Ver, Cop. Teftc : Rowland Davis. 
W. P. EDWARDS, Clk. 

Gerf Co*. 

Nov'r lit The Onandages : anfwer upon the Propofitions of Col. W" Kendall, 

Agent for ye Contry of Virginia, &c. 

Names of Sachems : ^ 
Carachkondre, 



Otriewachoe, 

Canisicktoe and 5 Souldiers.^ 



> Brethren of Virginia : 



I St. We are come here in the Prefixed 
Houfle, where we are ufed to make Pro- 
pofitions, and have underftood that w^ is 
by you Represented. All our Indians (meaning their souldiers) have 
been destracted or without their senfes, in Committing of this fact againfl 
the Chriftians in Virginia, for itt is done without our order, and againft 
our will. They have been like a child, who having an ax in itts hand, 
is not senfible what itt doth with itt, and cannot discern between good 
and Evil. Its made known to us by you, the dammage that our people 
have done in Virginia in Plundering your houfes, &c ; We do ConfefTe 
itt, but do say again, as above, thatt they have done very wickedly. We 
have likeways underftood that when our young Indians Come near any 
Chriftians, muft lay down their arms as a token of friendihip. It is 
likeways told us, that if any of our People shall goe to warr towards your 
Parts, againft any Indians, not in friend&ip with you, that they shall for- 
bear to come near your Plantacons, all ^which we abfolutely undertake, 
and do thank you that you have Propounded ye same. 

We have Likeways underftood that by the Informacon, his hon% y® 
gov' here, hath give you, you have forgive that which is past, for which 
we do thank you hertily. You are People of underftanding, butt wee 
are Brutifh, Blinde, and without underftanding, as we have said above ; and 
we are thankful and glad that you Imparte k Communicate some knowlege 
to us, and if our young Indians come amongft you, be friendly to y™, 
for they goe againft their Enemys, ..he Dowuaganhoes — doe Prefent a 
Belt of Zervant 20 deep. 2d. We thank them of Virginia, 4 commend 
and piaife their understanding, that they fhow such favour to ye Oneydes, 
our Children, and Include them in such a friendfhip. Doe give 8 fad- 
dom Zervant. 

3d. When our young Indians goe out a fighting against there enemies, 
lett them be well ufed, and do not look so narrowly upon a Little Indian 
Corn or Tobacco, but let us live like friends. As for ye burning of your 
lioufes, it is unknown to us, but the Plundering of some goods and y® 
Killing of a Beaft, wee do not deny ; as for killing of horfes, we have no 
hand in ; but y® Oneydes have, & rointed to some of them then Piefent, 
have shott fourc — And when wee come for Indian Corn or any Provision, 
•doe not lett our eunns or arms be taken from us, seeing itt was the begin- 
ning of thefe laft troubles. We doe thank you for your Tobacco and 
Rom — doe give 7 faddom Zent. 

This is a true Copy examined by me. 

ROBT. LIVINGSTON. 



CALENDAR OF STATE PAPERS. SS 



Petition of John Storey, firft mate of the ship Golden Fortttne, to the xfiBo 
Right Hon^^ Sir Heniy Chicheley, Dept. Governor of V*., praying that 
* * * Morey may be removed from his pretended command 
of said «hip, the mafter (M' Rob^ Arbuckle) having died ; and that he 
(Storey) be allowed to succeed said Arbuckle. 

Certificate of loss of a horse in the service of the King and Country, 1681 
if M** Rob^ Sorrell, approved by George Lyddall, Magittrate, and ten 
pounds pd. therefor. 

Know all men by thefse prefents, y^ wee, Sarah Yardley, of y^ County 1682 
of North****, widdow, Capt. William Whittington, and John Luke of y* ^ ^,^ ^^ 
same, gent., doe Acknowledge and Confefe o'felves to owe and stand 
juftly indebted to Coll. John Stringer and ye Refst of his Ma*^ Juftices 
of ye Peace for ye County Afore&id, in y® fume of forty thousand pounds 
of good Tobacco and Casks, to be paid to y*^ said Coll. John Stringer 
and Jufstices, their Exec^'*, Adm^ and Afslgnes upon demand, to y^ 
w*^^paym*, well and truly to bee made, wee bind us o" heires, Exec*" and 
Adm" and Every of us and them Joyntly and fcverally by thefse pre- 
fents. Dated and Sealed with our Seales y* sixth day of November, in 
ye yeare of o" Lord God, one Thousand six Hundred Eighty and Two. 

The Condicon of y^ Above Obligacon is fuch that if y* above bounden, 
Sarah Yardley, Capt. Wm. Whittington and John Luke, their heires, 
Exer^ and Adm^, or any of them, shall well and truely fave, indemni- 
fye and- Keepe harmelefe, or cause to be iaved, indemnifyed or kept 
harmelefse, y* (aid Coll. John Stringer and Juftices, their heires, Exec^ 
^nd Admin*" from all Countrey and County dues and payments w^*^ M' 
ArgoU Yardley, deceafsed, Late high Sheriffe of y* County afore&id, 
^as by y* faid Juftices (or such as were then sitting in Court) ordered to 
^"^y sftid Collect then ye Above obligacon to be void and of none ef- 
^^^ othcrwife to be and Remaine of full force and Vertue in ye Law. 

SARAH YARDLEY. 
^^/led, fealed and delivered in presence of 

John Curtis, Jnr., 
Jno. Tancred. 

Account of ferryage of Ed. Banks rendered and paid, &c. 

^ Richr* Tunftall allowed 600 pounds of tobacco for a steer prefied 
"^^o the service, &c. 

Nath. Bacon, Efq., allowed 2,000 pounds tobacco for tranfporting Mattaponi 
*^Micrs to the garrison on Mattaponi, &c. garrison 

Petitions of sundry persons for charges of attending as jurors for com- 
pensation, for quartering soldiers, impressing horses, for provisions fur- 
'^hed, for salary as Intexpreter, for loss of horse at Mattaponi garrison, 
«., &c. 

Petition of Sarah Bhuid, widow and Executrix of Giles Bland (dec*^) 
^ Thos. Lord Culpeper^ Ac. 

Not intelligible. 



X^ CALENDAR OF STATE PAPERS. 



1683 Petition of inhabitants of St. Stephen's Parifli, New Kent Co., com- 
plaining of veftry and aflcing permiffion to elect new meni &c. 

Jan'y i8th Petition of Col. Leroy Griffin and Lewis Burwell, exctrs of John 

Burnham agnst Ralph Wormley, praying a writ of eftrepment forbidding 
said Wormley from destroying timber, &c. 

A Petition of John Smith to Lord Culpeper for survey of lands on 
which Yeocomico Indians redded, in Northumland Co., formerly owned 
beaver tribute by Col. Richard Lee, for which he defires a Patent, after having paid 
the quit Rents and Beaver tribute due from the Indians. 

April 14th Petition of Peter Knight, John waddy, John Taylor, Christ. Gorling- 

ton and others. Vestrymen, and Saml. George, 1 Church 

Bar Dameron, J Wardens, 

to Lord Culpeper to reinstate M' Charles Dacres as Rector, &c, Yeo- 
comico and * * * Chappel Pariflies, Ac, (with order 
from his Lordlhhip acCordii^ly, bearing his autograph.) 

Oct*r 13th Instructions to Capt. Sands, of the Rangers, in regard to the Seneca 

Hotwater Indians, said to be prowling on the frontier of Henrico Co. From Pre- 
sident Nicholson Spencer, dated. 

Petition of John Chilton, to be secured in the enjoyment of his land 
in LancAfter County, againft the claim of Col. John Carter, &c. 

Nov'r 17th One Anthony Arnold executed for high treafon, and one Covington 

Arnold execu- being indebted to him in a certain amount of Tobacco and Cask, judg- 
ted for high ment prayed againft the latter for this debt as confiscated to the Crown, 
treason &c.; alfo case of one Howerton, in lUce circumftunces — by Edm^ Jen- 

ning, Atty. General — 

A CommiiHon of Inftructions, granted unto Thomas Lord Culpepper : 

1684 Charles, the Second by the Grace of God, King of England, Scot- 
CommiBiio'n of '^"^? France and Ireland, Defender of the Faith, to our right, trufty and 
instructiont to beloved Thomas Lord Culpeper, Greeting, M. M. Whereas, by our 
Thomas Lord Letters Pattente, under our great scale of England, bearing date the eighth 
Cha^^cjf li '°™ ^^y ^^ J"'y? ^^ ^^^ seven and twentieth yeare of our reigne. We granted 

unto you, Thomas Lord Culpeper, the ofiSce of our Lieutenant and Gov- 
ernor General of all that our Collony and Dominion of Virginia, in 
America, with all its rights, members and appur whatfoever, to hold, 
execute and enjoy the said office during your natural life next, and 
immediately after the death, surrender forfeiture or other sooner de- 
termination of the of Sir William Berkeley, Kn*; and 
whereas, the said Sir William Berkeley, being now deceased, you are, 
from the date of his deceafe, by virtue our said letters pattente, become 
legally pofleiTed of the said office of our Lieutenant and Governour 
Generall of our said Collony and Dominion of Virginia dureing your 
natural life as aforefeid, wee doe therefore for your better guidance 
and hereby require and command you to doe and 
execute all things in due manner that fhall belong uuto your said office, 
and the truft, we have reposed in you according to the several powers 



CALENDAR OF STATE PAJ*ERS. 15 



and authorities mentioned in thefe presents, or such 1684 
further powers and such orders as you (hall receive, or By us shall at any 
time hereafter be granted or appointed unto you, under our Signett and 
Signe manuall, and according to such reasonable lawes and statutes as 
now are or hereafter fhal bee made and agreed uppon in such manner 
and forme as is hereafter exprefled ; And it is our will and pleasure, that 
you, the said Thomas Lord Culpeper, haveing, after your arrival att 
Virginia, publiihed your aforesaid letters patente, and also of these pr'- 
sents, firft taken the Oaths of allegiance and supremacie, together with 
the oath of duely executeing the office and trust of our Lieutenant and Gov- 
ernour Generall of our said CoUony and Dominion of Virginia, which 
our Councell of the said Collony and Dominion, or any three of them 
be hereby authorifed, required and empowered to give and adminifter unto 
you, and in your absence, to our Lieutenant or Deputie Goviernour, as well 
the oaths of allegiance and supremacie, as the oaths for the due execu- 
tion of these places and truft ; and wee doe hereby give and grant unto 
you, with the advice and consent of the said Councell, full power and 
authoritie to with General AfTemblies of the fFreeholders and 

Planters within the said Collony and Dominion, as hath bin formerly 
practised and used in the said Collony and Dominion, and our will and 
pleasure is, that the persons thereupon duely elected and having, before 
their sitting, taken the oaths of allegiance and supremacie, which you 
shall commiffionate such persons, under the great scale of our said Col- 
lony and Dominion, to adminifter, and without taking of which, none 
shall be capable of fitting, though elected, fhall be called and held the 
Generall AfTembly of the said Colony and Dominion of Virginia, and 
shall have such power and authoritie to agree and consent unto all such 
lawes, statutes, and ordinances, for the publiqe peace, welfare and good 
Government of the said Colony and Dominion, and the people and in- 
habitants thereof, and such others as fhall reforte thereunto, and for the 
benefit of us, our heires and succefTors, as having bin by you, with the 
advice and consent />f the said Councell, framed and transmitted unto 
us, approved and remitted unto you, under our great scale of England, 
to be there added by your receiving our royall anent thereunto — which 
said lawes, ordinances and statutes, are to be by you framed as neere as 
conveniently may bee to the lawes and ftatutes of our Kingdom of 
Engbnd. And we doe hereby nevertheless authorize and empower you 
in cafe of Invafion, Rebellion, or some very great neceffitie, to passe an act 
or Acts by and with the confent of the General AfTemblie without trans- 
mitting the same, firft unto us, to raise moneys within our said Colony 
and Dominion, to anfwer the emisions arifing by such urgent necefities ; 
and wee doe give you likewise full power, from time to time, as you shall 
judge itt neceflarie, to dissolve all General Assemblies. And our plea- 
sure is that you shall and may Keepe and ufe the publiqe seale, appointed 
by Us for Virginia, and all grants made and confimed thereby, shall 
stand good in Law, saveing in the Actes hereafter excepted and 
.^nd wee doe hereby give and grant unto you full power and authoritie, 
with the advice and confent of the said Councell, to ere6l, conftitute and es- 
tablfih, such and soe many Courts of Judicature and publiqe juftice 
within our said Colony and Dominion, when the same shall be wanting, 
as you and they shall think fitt and necessarie, for the hearing and deter- 
mmtngof all individual! gennerall caufes, according to lawe and equitie. 



ie CALENDAR OF STATE PAPERS. 



1684 and for awarding of execucon thereupon, with all reasonable and neces- 
sarie powers, authorities, fFees and priveledges^ unto them, and also ta 
appoint and commiffionate fit persons in the several Ports of our said 
Colonv to adminifter the Oath of Allegiance and supremacie unto such 
as shall bee obliged to take the same. And wee doe hereby grant such 
power and authoritie to conftitute and appoint Judges 
commiiEoners of Oyer and Terminer, Juftices of the Peace, SherifFes^ 
and other neceflarie officers and within the said Colony 

for the administration of Juftice, and putting the lawes in 

execucon, and to administer such oath, and oaths, as are ufually given 
for the due execucon and performance of offices, places and charges,, 
and for the hereing of the truth in Judicial caufes — Provided, alwaies,. 
and our will and pleafure is that coppies of all Establilhments, Juris- 
dicons. Courts, offices and officers, powers and authorities, fiees and privi* 
ledges, granted or settled by you as aforefiiid, bee with all 
and speed transmitted to one of our principall Seccretaries of State, and 
the Lords of our Privy Councell, appointed a Committee for Trade and 
Plantations, to be allowed or disallowed by us. Wee shall judge fitt, and 
wee doe hereby give and grant unto you, full power and authoritie when 
you shall see caufe or judge any offender or offenders in 
for any ffines or fForfietures due unto us, fitt objects of our mercy to par* 
don, and remitt all such offenders, ffines or ffbrfietures — Treafon and 
wilfuU murder onely excepted — in which cafes you shall likewise have 
power, or in your absence, our Lieutenant or Deputie Governour, upon 
any extraordinary occafions, to grant reprieves to the offender therein^ 
and to the intent, our Pleafure may be knowne therein : And wee doe 
hereby give and grant unto you full power and authoritie to sufpend any 
member of the Councell if you see juft cause ; and our will and plea- 
sure is, that every member of our Councell sufpended by you, shall be 
uncapable during such suspensions, of serving as member of the Gene- 
ral AfTembly. Of which sufpenfion, with the caufe thereof, you shall^ 
with convenient speede, give notice to us, to the intent wee may 
our pleasure thereupon , and wee doe further authorife and impower, in 
cafe of death or departure from our said Colony and Dominion, suspen- 
sion or other removal of any the members of the said Councell to ap- 
point  « « «  gy^}j persons to supply the said 
vacancy, as you shall think fitt * * * * of which 

our said Councell, wee doe hereby appoint to bee 
which persons soe chofen and appointed by you, shall bee in all 
and purpofes our Councell of our State, Colony and Dominion, 'till, &c. 

End, BARKER, Secy.* 

Statement of Mathew Wakelin, Justice, and Anthony Armstead^ 
Sheriff of Elizabeth Citv Co,, to Effingham, in relation to his late ap- 
pointments of Juftices, «c« 

Petition of one Ric^ Parrel to be made Doorkeeper to the Houfe of 
BurgefTes. 

ApcU 15th Petidon of Nath. Bacon and others for judfi;ement againft W". Phil- 

lips for 39380 pds. ^^ sweet scented tobacco and calks," &c. 

* Tlut docomeiic it written on pirchawiity ia th« duragrapbjr pccuUtr t« tht pctiod dw 
leal hu diuppeared. 



CALENDAR OF STATE PAPERS. TT 



Petition of John Robinson for a "non-suit" againft one George 1684 

Purvis. 

Inftructions to Capt. W°^. Jones, in command of " thirty horse, ap- June »»<* 
pointed a guard for the frontiers of the Country," &c., against Indians. ,^^ ^ 

" Effingham." 
Procbedings of j^ly j,,j 

A Grand Council, held at Albany, between the Right Hon. Francis Albany 

Wd Howard, Baron of Effingham, Gov. General of His Majistie's 

dominions of Virginia, &c. 

»^The Truly Honb*^ Collo. Thos. Dougan, Gov. Genl., N. York, and 
^pendencies in America. 
-Ralph Wormley, Efq'., one of the Council of Virginia. 

3/*". Edm^ Jennings, Atty-General of Virginia. 

itf *". Stevens V. Courtland, one of the Council of Province. 

IVd*". John Spragg, one of the Counc^^ and Sect^ of the Province, and 

Xhe Majiftrates of Albany and 

The Sachems of the three nations of Oneydes, Onondages and Cayu- 

ges 



viz: 



Tuhohese alias Odianne, Speaker. 

Canondondaire. 

Jahajarodis 

Saggoddiorhguis. 

Rode. 

Kanhedoro. 

Sarighto. 

Tuskeneneundo. 

The Oneide Sachems ; 

Dekardarwaer. 

Haijaquaria. 

Jekanjossa. 

Onandaga Sachems : 

Thanaghiaghtia. 

Tieonoghtahkeudai. 

Takaiperonys. 



The Cayuge Sachems : 

Ossochha. 

Owerkerhawie. 

Hannanerarie. 

Containing sundry speeches and replies, made upon what appears to 
l^ve been propoftions previously made to the Indians, through Arnout 
Coy. Viele, sworn, &c., interpreter, at great length, and under numerous 

heads. 

3 



18 



CALENDAR OF STATE PAPERS. 



Effingham*! 
addreit to H. 
•f BorgesB 



1684 Reafons why adminiftration was granted on the estate and on laft 
Auguit 6th will and Testament of one Col. Henry Symythe, (dec'd.) 

Auguit asth Petition of one Henry Sprat for redress againft one Piper, who has left 
the '* County of Lower Norfolk," indebted to him, &c. ; and of one 
Turner for goods unlawfully removed, &c. 

Addrefs to the House of Burgefles, by Effingham, in regard to the policy 
of praying his majesty to prohibit the further exportation of Tobacco 
in bulk — in reference to the late Conference with the Seneca Indians, 
through which, with the aid of the Governor of New York, peace had 
been eftabliflied with these " Barbarous People," and he had " espoufcd 
these Indians as His Majefty's Servants" — Suggesting meafures to be 
adopted for raising money to " an affistance and ease to the great charge, 
the Governor of New York has been at this winter in maintaining these 
nations of Indians againft the pretensions of the French," &c. 

November Statement of Nicholas Spencer, atty of Hon^ Tho* Lord Culpepper, 

Beaver skins a in regard to indebtness of one John King, to him, " in the sum of 128 
circulating me- pQm^js beft winter beaver, Killed in Season," &c. 

dium ^ 

Nov. 13th ^ Petition of Porter Smith aga'"' one John Sanford, in relation to joint- 
ownerfliip in a veflel trading to Jamaica, &c. 

Statement of Coll. Cadwallider Jones, affignee of Hn''^^ Nicholas 
Spencer, Atty for Hon*"^® Thomas Lord Culpepper in relation to claim of 
the latter for 11,715 pounds of tobacco and caAcs, againft estate of one 
Henry Smith. 

Cornelius Dabney, Interpreter for Pamunky Indians, petition to 
Council and Burgefles, for his Compensation, passed upon in 1684, and 
sundry petitions, unimportant. 

1685 Petition of Ifaac Gary, to be allowed to act as Priest and Deacon of 
Wallingford Parish, he having failed to bring neceflary teftimonials, &c., 
as required by law. 



March 5th 

Rappahannock 

County 



Court held — 

Col. John Stone, M*. Jas. Harrison, 
Capt. Geo. Taylor, M^ W**. Slaughter 



.}j 



ustices. 



The difference depending between M'. Saml. Bayly in Right of Joyce 
Bayly, an Orphan, Pet., and Hefechia Collidge, Det'., concerning the 
survey of a certain tract of land, &c. 

Copie Tes*: 

W«. COLSTON, Clk. 



March sth Referring certain matters to " Court of surveys at Jas. City, 

April 13th Sundry petitions for damages, &c., and supercedeas. 



*i 



CALENDAR OF STATE PAPERS. 1» 



Petition of one Crawford, by Thos'. Ballard, Atty,, againft Roger 1685 
Jones, for harbouring three Indians, a woman, a boy, and a girl, who April 14th 
had been purchased by said Crawford, &c., and ufed as slaves, &c. JbJlS* ST' 

^0 his Excellency, fFrancis Lord Howard, Baron of Eilinghim, his £d. jenlngi, 
Ma«- Liet., &c., &c.: Att-y Gtn\ 

bnngi iBit Ti. 

Ed"«* Jenings, his Ma*^ Attorney-Gen", Humbly Sheweth— uiSd toT 

That William Coventon became indebted unto Anthony Arnold, the t^^^^ 
Sum of 700^^ Tob. and Cafk, as by his bill, bearing date the 12^ day of cnted for high 
November, 1672, may appeare, and alfo the sum of 2,000^^ of tobacco treatoa 
& Caik, as by another bill, bearing date y^ 14^ day of November, 
^672, may alfo appeare \ & whereas, the s^ Arnold was attainted, and 
^Jrecuted for high treafon, by w^^ his Estate, both reall and p'fonall, be- 
came forfeited to his most facred Ma^^% and y® s^ Coventon haveing 
^ever satisfyed or payd the s*^ sume to the s^ Arnold before his attainder, 
^^ ztt any time since, and still refuseing foe to doe, tho often required. 

Yo" Petion% therefore, on the behalf of our s** fovereigne 
Lord y® King, hath brought this Suite, and prays Order for 
y* prefent pay"' of y® s* sums, amounting to 2,700*** To- 
Dacco & Caflc, with costs of Suite. And hee (hall ever 
pray, &c, 

Requ.osting that certain parties be prefented for selling liquor without May 6th 
lifence in Chas. City County. 

Petition of one Joanna Hunt vs. Libler. October 6th 

*^^^^. Pearman fined 350 pds. Tobacco & Cask, for not obeying October 24th 
sumixions as a juryman in the case of Arnold, executed for treafon, but 
rciivvtted on prooi of his Sickness, &c. 

^ Proclamation, made by Francis Lord Howard, Baron of Effing- 1686 
V*^^> convening a genl. aflembly, previously prerogued ; and providing septv 14th 
(ot an election of members to ferve in place of those who may have 
died or become otherwife incapacitated from serving therein.^ 

An appeal to the Sachems of the five nations, Onedas, Cayugas, 1687^ 
Onaodagas, &c., demanding reafons for their hoftile acts, &c., and ap- ;^„-mt ^^j^ 
pealing for peace — (partly lost.) 

Reply of the Sachems, &c., to the above appeal, &c. 

Ace* of rigging, &c., of ship ** Society," of Bristol, *' Seized and NotV 22d 
forfeited to his Majesty " for failure to comply with Port regulations, 
payment of import dues on slaves, &c. 

Writs returned by the Sheriff of Yorke C^ 1688 



* TUt Document beat the Ancient Seal of the Colony— in the exergon the wordt, *' En dat 
Virginb Qaintnm.'* 



iiO CALENDAR OF STATE PAPERS. 



1688 Virg* ss. By His Excdfencf— 

Apfff i4dt Por as much as I, Francis Lord HorwarJ, Baron of EfEngham^ and 

_ . his Maj**** Lieu* Gov' Gerf^ of Virg*, am by his most sacred Maj^** Es- 
p1^ mSr' Pcciall Commands, Given, at his Msif^ Court at Windsor, the first day 
drtk 0^ Mouse of Aug**, An^ Dom, 1686, and in the second y* of His Maj*^ Reignc, 
of Burgesses Required upon the Convening Aflemblies, to appovnt a fftt person to 
Execute the office of the Clerke of the House of ourgesses. In Obe- 
dience to which commands of His most Excellent Maj****, I, the s* 
Frslncis Lord Howard, Baron of Effingham, being well assnred of the 
Loyalty, Integrity and ability of you, Capt. FrtLncis Page, of the execu- 
tion and performance of the said place and office, and tnift thereto be- 
longing, I have thought fitt, and hereby doe, by and with the adiriee arid 
approbation of the Councell of State, ordaine, nominate and appgynt 
you, the said Capt. Francis Page, Cfcrke of the House of Burgesses, 
with power to take, receive and Injoy to y* owne tifse and behoofe, till 
ftts^ dues and perquefites to the said place usualFf belonging or apper- 
taineing, and that you continue Clerke to the House of Burgesses till 
I skall signifye my WiH and pleafure to the contrary. 

Given under my hand and the Seale of the Colony, this twenty-fourth 
day of April, An° Dom., 1688. 

EFFINGHAM. 

May loth Virginia. By his Excellency : 

rhfcr^n'*" Seale— I doe Accknowledge to have re^ of William Cole, Coll**' of 
his Majistyes* dutyes in y® Lower Precints of James River, the full sume 
of Eight hundred ninety-one pounds two shillings and three pence, ster*, 
being for two parts of y® Produce that the Negroes, that were brought 
into y* Country In y* Shipp " Society," of Briftoll after y* Charges De- 
ducted, and were seized and condemned as Forfeited to his sacred Ma- 
jesty. In Testimony whereof, I have hereunto sett my hand and seale, 
this 10"* day of May, 1688, and in y* fourth yeare of y* Reigne of our 
Sov^'aigne Lord, King James y® Second, &c. 

« EFFINGHAM." 

May nth Address of the Houfc of Bursesses, to the Governor, in regard to a 

propofed revisal of the Laws, and recommending the same. 

Message from the H. of Burgesses to the Governor in reply to his, 
in regard to *' Restraining the planting of Tobacco " — that *' this Houfe 
doth, w^all thankfulness accept" the Conference betweeen certain mem- 
bers of the ^^ Councill " and of the H. of Burgesses, as proposed by his 
Excellency. 



May 14th 



Writ— 

Thefe are in his Maj^^ Name to will and require you to arrest tfae body 
of William Digges, Efq'^., and him in safe Custody to keepe till he enter 
into bond w^^ good and sufficient Securityes for his appearance at James 
Citty, before the Governo' and Councell, on the first day of the next 
Genii. Co*^., then and there to anfwer the suit of Mary Fendall, Widd^ 
Adm^ of Josias Fendall, Gent., dece^, in an accon. of debt for eighty 
thousand pds. of Tob^ and Calke, pr. bonds, hereof as alfo to make 



CALENDAR OF STA^fE PAPERS. jH 



^uereturne of this Writ, fidle not. Dated at James Ctttjr, May i*^, ''^ 
1688. 

To the SherifFe of Yorkc 
County or his Deputy. 

W. EDWARDS^ 

Clk. Gen. Co'*. 

Ed. Da(vis, Lyonell Delawafer and Jno. Hinfbn, having been captured July ^ik 
in Tune by Czpu Limon Rowe, of the Frigate ** Dumbarton," were, by ^^ . ^ ^^ 
order of the Governor, Baron Effingham, Committed to the Publick cj, itc. 
Jail of James City County for safe keeping, until tried for Piraey, &c. 
The silvier and gold plate and ether vakables taken wkh them were 
duly securtd<-^upon trial, they we^e acquitted of the charge of Piracy — 
whereupon tfatty wac up a petkiw for the reftoratioa of the jJate and 
other valuable^ Linnen, Siik% CtotWng, &c., taken fvom tktm at the 
liiHC of thctf eaptiire. 



Sheriff of Middlefex's acc^ with guard of prifiniers and attendants, 8(e. July iith 
Writs and attachments, &c., returned to SheriS, &e. August 



lings of Veftry, concerning ti^ dividing Hoe between the Pariih Septv nt 
of Blifrland and Pariih of S". Peters. 

John Womack vs. Jno. Granger and wife— *«ctioR fqr Slander. Sept*r 12th 

Relating to controversy growing out of boundary line between Blifi^ SeptV 15th 
land and S\ Peters Parishes. 

Att a Councill held at Ja. Citty, 8^, i8^% A^. Dom., 1688, Anno-qe Octv 18th 
Regni Regis Jacobi Secundi Quarto. 

Pres**: His Excellency. 

Nath^ Bacon, Esq"". Coll. John Page, 

CoU. W». Cole. Coll. W». Byrd. 

Ralph Wormeley, Esq'. Coll. John Lear, 

Col. Rich. Lee. CoU X ^ Wormeley. 

Coll. John Custis. Coll. Isaac ADeston. 

Coll. Jno. Armestead. 

His Excellency, acquainting this Board, that being in Accomack, this Complaint 
Jast Somer, Major Charles Scarburgh, ambngft other difcourse to his JRfj^^g.'^^r- 
Excellency, (aid that his Mag*^* would weare out the Church of England, burjh"or wdi- 
and upon His Excellency's faying, how M''. Scarburgh weare out the tious Ungaige, 
Church of England, he replyed, yes, for where there are any vacancies, **=• 
the King supplies the places with men of other p'fwarfiona, with other 
discourses of the like nature, for which His Excellency then Reproved 
him, and hath since sufpended him from the Comicon of the Peace, and 
Ae &id Words being by this Board look't on as highly tending to the 
IXiquiet of this, his Maj'^ Government, and contrary and Derigatory 
t» His Maj**" most Gracious Declaracon of Liberty and Confcience, 
Doc order that the faid Major Charles Scarburgh make his p'rfonall ap- 
peareance at James Citty, before his Excellency and Councill in Coun- 



g$ CALENDAR OF STATE PAPERS. 



1688 cill, on y* Second day of y® next Gen^^ Court, then and there to an* 
swere what shall be objected agt. him. 

The ShereiiFe of Accomack County is hereby 
Ord*^ to serve Major Charles Scarburgh with this 
Or*, & to make the returne of y* feme to y^ 
Clerk of y* Council. 

W. EDWARDS, 

Clk. Cou°, 

Middletes Co. To ye Hon^^* M^ Prefident and ye Hon*^*» his Maj^« Councell of State 

w«itv Whita- of Virginia : 

kcr detiret to The humble petition of Walt. Whitaker, most humbly sheweth — 

retire (ron pub* 

lie lerrice That vo' pet' hath for fome years paft had y* hon' to exercife divers- 

places or truft in pointe of offices, both civill and millitarie, in this, his 
Maj*^ Dominion of Virginia, in the due diicharge of w^ places, he hath* 
endevered to manifest his gratitude to ye Gov' and y* Councell, that 
confered such truft & honor upon him, and now he having the hon' to be 
one of his Msm**** Juftices of the Peace for Middlefex County, as alfo 
Capt. of Horfe there, & haveing no less zeal then ever to difcharge 
his dutie in both places, yet iindine him selfe less able by reafon of fre- 
quent in difposition of bodie, as sufoe for that his owne private bufiness 
requiring more time & Labour (^en formerly ; Least he should fail of, 
from his former deportment, & thereby be obnoctious to cenfure, doth* 
most humbly befeech yo' Hono" to give him leave to retire from the pub- 
lique services, & to put some perfon more capable than at p'fent yo' pt' 
is to discharge them, in his place, w^^, as it will bee a great obligation to* 
yo' petition' so will it oblige him as in dutie bound. 

Ever to pray for yo' Hon^'" health & prolperitie, 

WALT* WHITAKER. 

1689 Petition of *' Herquapinck," "Paucough" and Hearseeqe — "Monguys; 
and Cheif Rulers of the poore and distrefsed Remnant" of Chickahominy 

hominy In-*" Indians : to the Governor, praying for protection from the murderous 
diani detire to designs of the ^^ Pamamuck Indians" on ^^ Pomonky River," with whonv 
remoTe to they had been driven by the " Rabid Hostility of the Senecas, to take up 
Rickahock ^ temporary abode ; and for leave to remove to a place '* called Ricka- 

hock," on the north side of Mattapony river, belonging to M'. Benj. 

Arnold, which they had taken in exchange from him for their own lands^, 

lying in y® front of the English Inhabitants, on the south side of Mate- 

tapony river, &c., &c. 

To the Hon*** House of Burgesses — 

Lancelott Bathurst, 
Humbly Sheweth, 

Petition for That in Aprill laft yp' pet' was appointed Clerk of the Comittee of 

remnneration private causes, and Did attend untill the Assembly was prorogued. And. 
at this present Assembly he was appointed Clerk of the Comittee of Ex- 
amination of the Records wc* hee hath diligently attended upon^and alfo- 
assifted the the Comittee of Grievances by M'. Speaker's order^ where- 
fore hee humbly prays that hee may bee considered for the same, in the 



CALENDAR OF STATE PAPERS. $S 



publique Levy, and that it may be ordered him in New Kent County. 1689 

And hee shall pray, etc. 

Petition and Protest of one John Swinefield, owner of a small "barque" Protest agaiaic 
from Pennsylvania, againft Capt. Simon Rowe, of the " Dumbarton," gh^^'&c^ * 
frigate, who had by force, searched the said " Barque " in pretence of 
looking for contraband goods, and compelled him to pay for her release 
"three hundred pieces of eight," 

♦Order from the President of the Council to Ed. Jennings, Collector ^pni 27th 
of "York River District" to collect all vefsels ready to leave for Eng- ;„ fleets. 
land, at the mouth of James river, to sail in fleets. 

At a session of the County Court held at this place, Messrs John J*^"* i^ 
Blighton and Elias Osborne, petitioned in person, to be allowed to ch"?City Co 
practice law as attorneys, upon being commissioned by the Governor, 
&c. 

• * * About y® 20th of January last, my Cozen Thomas Broome J"*y ^^ 
& my selfe havinge had severall discourses about y® Transactions in Oodson'sinfor- 
England, he hath at severall tymes reproach*^ y® Kinge, that now is, and mation vs. one 
lately was stiled y° prince of Aurange, with the titles of Rouge, Villian S'^®'"* 
Rebell & Traytor, & this not only when not * * * Knowne in 
this Countrey, but by y® titell of y® prince of Orange, but since it was 
publiquely knowne and reported in this countrey, that he was proclaimed 
Kinge in England. A stronge * * * verey fFrequent with him ironically com- 
to compare the said Kinge William to Oliver Cromwell, making y® result fo^oifv^^*^*'*™ 
of y® comparison to render Cromwell an honest man & a saint, in Cromwcii 
respect to y® Kinge. 

The Parlement, now sitting in England, as equally reproach^ with dis- 
honorable terms, affirming thay wear no parlement, but a Company of 
Bad men, got together by y® power of y*^ sword to execute their master 
Oliver's commands. 

I am ready to attest the truth of this informacon. 

JOHN DODSON. 

Execution issued by the "SherifFe of Warwick Co." by order of the October 3111 
General Court at James Citty, againft Capt, Robert Thomas, he having 
failed to sutain his appeal made to (aid Court, from a previous decision 
of the County Court of Warwick. 

Lt. Ross : 

1690 
I am directed by his Hon', the L' Gov% to send to you, and ord' you jan> lad 



* Vetielf were required to await the arrival of an armed ship as convoy, unless they could 
mU in fleets sufficiently strong to resist tucceufully the attacks of Pirates, who were very numer- 
ous at this date. Almost every vessel, merchantmen or otherwise, carried guns mounted and 
BeB sufficient to use them. 



$4 CALENDAR OF STATE PAPERS. 



1690 to be in James Citty to-morrow morneing by sun Riseing at farthest, 
with yo' owne horse, in ord' to yo' goeing to Yorke Ferry, and in' Secre- 
tary Coles, fail not. 

I am, yo' friend, 

W. EDWARDS, C'lk Cour. 

Accomack Co. " Know all men by these Presents : That I, Thomas Preefon, mari- 
ner, of Liverpoole, in the Kingdom of Eng**, doe acknowledge my selfe 
to owe and stand indebted unto our Soveraigne Lord and Lady William 
and Mary, King and Queen of England, & am in the full and just sume 
of one hundred pounds of Lawful money of England, to be paid to their 
said Majefties, their Heires, Successors, on demand ; wh payment well 
and truely to be made and done, I bind my selfe, my Heires, Executors 
and Administrators, firmly by these Prefents. Signed with my name and 
seal'dthis eight day of March, i68,J,. 

The Condition of this Obligationis such, That whereas the above 
bound Thomas Preefon, M' of the Pinp**, called the " Grape," of Liver- 
poole, did this day cleare the faid Pinp with their Maj**^* Deputy Collec- 
tor at the Port of Accomack, in Virgin*, who haveing received a coppy 
of a precept from the Hon^^*^ Nath'll Bacon, Esq% the President of this 
Collony, w*'^ requires all mafters of shipps bound for Europe, after being 
cleared, to faile with their shipps to Poynt Comfort, and there remain 
under the command of Capt. Simon Roe, Commander of their Majesties 
frigett, the Dunbarton, until 1 they shall receive orders from the faid 
Nath'l Bacon, the President, to depart from thence, w*^^, if the above 
bound Thomas Preefon shall obferve, and accordingly saile with the 
above named Prinp ** Grape," for Poynt Comfort, and there remain as 
afore®^, the danger of the seas only excepted, then this obligation shall be 
void and of none effect, or else, shall stand, remain, and be in full force, 
power and virtue.* 

THO. PREESON. 

Signed, sealed and delivered in the presence of us. 

Jos. Robinson, 
Edmund Custis. 

Capt. Ed. Ross' petition for pay for express rider " on their maj**** ser- 
vice" to '^Rapp* & Patowmack," and "to y^ Hon*^« Coll. Byrd's, &c., 
&c. 

Sundry petitions, enquiries, complaints and receipts, bearing date from 
July to December, inclusive. 

Tuiv loth *' Copy " of Collector Ed. Jennings' account, of duties collected on 

Dutyoniiquois Liquors at three pence (3) pr gallon, in Yorke River District. 

WILLIAM BYRD, Aud'tr. 



* This restriction upon the sailing of merchant Tessels was made necessary by the frequent 
captures of single vessels by Pirates, after they had gotten ^rly to sea j hence it was required of 
all vessels clearing for Europe to assemble at some chosen place, and being provided with con- 
voys, they sailed for their destined porta in fleets. 



CALENDAR OF STATE PAPERS. 36 



Proposals Humbly offered to the Confideration of the Honourable, 1690 
His Majosties Lieu^ Governor & the Council k other Gentlemen of the 
Colony of Virginia : 

For as much as the Manufacturing & Improving of Tobacco of the Measures lug- 
Product of the said Colony in a manner not hitherto known to the In- 8"t*<l t© »«- 
habitants thereof, may prove very beneficial as well to increase the manufacmre 
weakh of the inhabitants thereof, as to enhrge the Trades of Great \ind caiture of 
Brittain, It is humbly hoped that the following fchemc for that Pur- to*>*cco 
pofe, founded upon the experience of the author, will be accepted as a 
proof of his good Intentions for the Public Service, And to evince that 
he does not proceed upon bare Speculations. He humbly beggs leave to 
Relate in what manner he came by the knowledge of what he is here to 
offer for the Service of this Colony : 

Some years ago he was Employed in the Service of the Portuguefe 
Merchants, Trading to Guinea and Brasile, In one of these voyages 
he happen'd for a Confiderable time to reside at S^ Salvadorie, in Bahai, 
& at Pernambuc, & at both these places observ'd the manner of cur- 
ing & manageing the Brasil Tobacco, & believes himfelf perfectly 
well acquainted with all the methods ufd therein, which rendreth it of 
much greater value, both in Europe & Africa, than any other Tobacco 
whatfover. 

That after gaining this experience, the Author of thefe Propofals came 
to Virginia k made the Trial whether the Tobacco of this Colony 
cou'd be Improved to an equal goodness & Value with that of Brasil, 
and by the Trial he made thereof, (which was but in a small quantity, 
becaufe he was interrupted therein by the Fever & Ague, with which 
lie was Violently seiz'd about the time the Tobacco became ripe) he is 
fully convinced that the sweet scented Tobacco df this Colony may be 
improved to have all the qualities & to be of equal value with the beft 
Tobacco made in Brasil. On the afTurance of this truth, it is that he 
presumes to offer to Yo' Honour's Consideration : 

I. That if it shall be judged consistant with the Trade of Great 
Britain & Interest of this Colony, he is willing to undertake the In- 
structing of all the Planters in Virginia, in the true method of curing 
k manageing their Tobacco so as to make it equally valuable with that 
of Brazil upon a proper Encouragement to be given him by the Publick. 

n. But if this should be thought too General a Scheme in regard, it will 
alwayes be neceflary for this Colony to export a Sufficient quantity of the 
Ordinary Tobacco for the supply of the European markets. The Pro- Joint-stock Co. 
poferdoes humbly offer to joyn with any number of Gentlemen who 
shall be willing to enter into a joint ftock for the curing, prepairing k 
manageing such a quantity of the Tobacco of this Colony in the manner 
of the Brafil Tobacco as may be Sufficient for the European markets, 
k more efpecially for the Trade of the Coaft of Guinea, where that 
kind of Tobacco is most in demand k where the greateft Profit may be 
made thereof. 

And if the Honourable, the Governor k Councill shall approve of Patent wanted 
this laft Proposal, It is humbly hop'd that then: Honours will make so 
favourable a Representation thereof that His Majeftie may be induced 
to gcant to the Adventurers a Patent for the fole benefit of this Trade 
for the term of Fourteen years, & to allow them the Privilege of Ex- 

1 



$6 CALENDAR OF STATE PAPERS. 



1690 porting the fame from hence to the Coaft of Guinea, upon their giving 
proper Security to send the fame there, & not elfewhere, with such ne- 
ceflary Powers & Authoritys to the Adventurers in the faid Trade as 
His Majesty shall think most conducive to the Intereft of Great Britain 
& the Plantations. 

And to illuftrate the advantages which will accrue hereby, the Pro- 
pofer from his own Knowledge doth affirm that there is annually exported 
from Brafil to the Coaft of Guinea, lying to the Southard of the Dutch 
Advanuges of Settlement, at S^ George, Delimina, ffifty shipps Lading of Tobacco 
from sixty to one hundred Tunns Burthen, and yet scarce any of thefe 
ships Trade on the Gold Coaft or between that & the River Gambia, 
where that kind of Tobacco is no less in demand then on the other parts 
of the African Coafts, so that the Portuguefe can sell seven or Eight 
thoufand Hogfheads on the South Coast of Africa it may be reasonably 
Computed that the like quantity of Virginia Tobacco may be vended on 
the other parts of the Coast where the Portuguese seldom or never 
Trade. 
Price of Brazil The Propofer has known a Role of sixty-four Poundsweight of Brasil 
tobacco Tob® sold on the Coast of Guinea for an ounce of gold dust, And the 

negroes are so fond of it that Slaves, gold & teeth may be purchafed 
with it sooner than with any commodity Whatfoever. 

This kind of Tobacco is alio very valuable in Holland & at Ham- 
burg, and a considerable quantity thereof might be sold there to a very 
great profit. 

The Proposer has had the opinion of diverfe merchants in London, to 
whom he communicated this Project, particularly of M'. Robert Cary 
& M^ John Tomlinfon, who approved thereof, & encouraged him to 
this undertaking, not only as beneficial to Virginia, but to the Trade of 
Great Britain in General, k the laft of these two Gentlemen took the 
trouble of Drawing & presenting a memorial on this subject to the 
Board of Trade, who highly approv'd of the design, and were pleaPd to 
afliire the propofer that if he would profecute it he shou'd have a Patent 
for fourteen years for the fole Trade of this Tobacco. 

If a Number of the Gentlemen of this Colony shall think fitt to be 
concerned with the Proposer, He humbly oflFers the following methods 
for carrying it on : 

Plan First. That a certain sum be fubscribed by each as a Joint Stock for 

the purchase of Crops of Tobacco growing on the ground, & slaves 
for the curing of it & other necefsary charges. 

Secondly. That when any of the subfcribers shall furnish Tobacco of 
their own Plantations, the fame shall be rated at a certain price by the 
Company or the Committee thereof. 

Thirdly. That six or Eight Gentlemen near Williamsburg i York 
be chofen a Committee for the greater expedition of the Buuness, that 
one or more Treafurers be appointed near to one of thofe places. 

Fourthly. That a Court of the whole number of Subfcribers be held 
twice a Year for the General aflfairs of the Company. 

Fifthly. That as Five Hundred Pounds for each Subscriber is propofecf 
to be the Capital Stock, such part of that fum as shall be judg'd neces- 
sary by the majority of the Subfcribers shall think neceflary to begin this 
undertaking, shall be paid down to the Treafurers, and other payments 



CALENDAR OF STATE PAPERS. iW 



to be made according as the Committee shall find cause for extending 1690 
their Trade. 

All of which is humbly submitted by — * 



kDor 



By y* Right Hon^*« the L« Gove' 

Yo' are hereby required Forthw"* to putt y* Bearer, Lieut. Edward Order to pais 
RoflTe, or any other perfon w*** his horse, over York River, Rappahan- ^^^^ *«"*" fr** 
nock River, and foe back againe. He being sent to Potowack for their 
majcs**" fervice, whereof fayle not. 

Given under my hand this i'^ day of August, 1690. 

To the Keepers of any Ferrys on York 
& Rappahannock Riven 

FFR. NICHOLSON. 

At a Councell held at James Citty, Jany. 27^, 1691. Prest: 1691 

The Right Hono'*^® Fra. Nicholfon, Esq'., their Ma* L* Gov' k Coun- janV »7th 

cell. jgaac City 

The Broad Arrow being their Ma', perticuler marke, & this Board The Broad 
being informed that in two places in Charles Citty County severall things ^"^^ 
lyc und' y* marke, & the feme not made by ye SherrifF of y* s*^ 
County forthwith seize and take into his cuftody all, & whatsover To- 
bacco, or other things he shall finde within the aforefeid County, marked 
with the broad arrow as aforesaid, & the feme safely secure for their 
Ma* use, untill further Ord'" be taken therein, makeing returne of his 
proceedings to the Sec" office by the sixth day of the next Gen*^ Court. 

Cop* vera. 

Tefte • 

W. EDWARDS, 

Ck. Co*. 

In Obedience to ye within Order, I have searched in such places as it 
was sufpected y® broad-arrow was unduly putt on ye toba. houfe->doores, 
Jc nothing in y® s^ house, & alfbe on a dwelling house doore, but no- 
thing; there. 

March the 31'*, 1691. 

JOHN STITH, 

SheriflF. 

Sundry petitions, executions, &c., caveats, suits for lands and orders of 
Court in purfuance thereof. 

Suit brought by Anthony Armftead, Attorney for Humphey Tabb, 
i^nst George Berkenhead, ^^ in an accon of Trefpass & ejectment," 
in the Genl. Court, involving right in three parcels of land, &c., with 
order of Court, in accordance with verdict in favour of Humphey Tabb, 
through his Attorney, Anthony Armftead, and signed, 

MILES CARY, 

Clk. Genl. Ct. 

* Thit document bears n« date or ligaiture, but was doubtless prompted by the general inte- 
•m manifested at this time ( 1 690) in the improvement of the staple and quality of Tobacco. 



$s 



CALENDAR OF STATE PAPERS. 



1691 

Febniaqr 5th 

Barley, Malt, 
&c.,Talae of 



Februaiy 9th 
Isle of Wight 



April 17th 
Jamei City 



BiU of Clear- 
ance 



* To the worfhipfitll Court of James City Couoty : 

Thomas Taylor humbly shenreth — 

That ffr. Reeves being at his house, did propofe to sell to him, forty 
bushells of good, every way well Qualyfyed Malt, which y' p^ having: 
prefent occasion for, did Agree with the $^ Reeves for ys (ame, & gave 
htm from under his hand, for the payment thereof. But soe it is, may^ 
it pleafe this Court that a little time after the sd. Reeves brought to his. 
house a sample of the s* malt, which y' pe** proving, found it to be no- 
thing of malt, but rather Barley spoyled, (be that he refused to accept 
of the same. Notwithflanding which the s' Reeves uniuftly designing: 
an advantage, & with intent to putt ofF his spoyled barley instead of sweet 
well made malt, sued y' pe^ upon his Obligacon, for pay"^ for the s^ malt^ 
& obtained Judgment for the (ame, which has compel'd y' pe*' to bring his< 
accon. agst. the sd. Reeves, praying the delivery or forty bu(hels of 
good, sound, every way well Qualyfyed, sweet malt, or in de&ult thereof^ 
&c., y' pe^be released from the s^ Judgement, having rec^ noe manner of 
(atisfacon for the same, & that the ^ Reeves' pay costs, ic shall ever 
pray. 



Cop- 



vera. 



At a Court held, &c. — Prefent : 

Coll. Arthur Smith, M 

Lt. Coll. Samuel Bridger, M 



MILES CARY, 

Clk. Ct. 



M'. George Moore, 
M'. Henry Baker, 



Thomas Giles, 
Anthony Holliday, 



Cap^ John Goodrich, \ ^ 



At a Genl. Court held at James Citty, April 17% 1691 — 

Prefent : 

The R^ Hon»^'« ye Lieut. Gov', 
W". Cole, Esq'., Sec'., John Lear, Esq'., Ralph Wormfcy, Esq'.^ 
Christ'. Wormlcy, Esq'., W». Byrd, Esq'., Edward HiU, Esq'., 

Henry Whiting, Esq', 

W. EDWARDS, 

Clk. G. C^ 

t " These are to certifie all whom it doth concern^ 
that Thomas Eyres, Master of the Brigantine, ^^ friendship," Burthen 
Twenty Tons, or thereabouts, noe Guns, Englisk b«ilt, and bound for 
Virginia, navigated with five men. Hath here loaden and taken on board 
Two hog^ of Rum, Fifteen Barrels of Mellafses, three bags of Hopps,. 
A parcel of Earthen and Woddcn Ware, and Two hog** of Sugar, ffor 
Which the Rates and Duties, Impofed by the Afl of the 25*** year of 
the late King Chatles the Second, for better securing the Plantacon 
trade," &c., &c. * • * 



*The Court after haring heard the e?idenc»and read long depofkioni, decided *<that the 
td. Reevca P«]f unto the id. Taylor, according to his obligacon, forry Baiheb of Malt at ht» 
Landing in Henrico County, and psgr cotti.** Thu caie ii introduced menely at illmtraling the 
customs and the peculiarities of expressions, orthography^ Itc., of the time. 



f Bears th< Imprcsaioo of • Naval Seal. 



CALENDAR OF STATE PAPERS. 09 



By the House of Burgefies ; 1691 

Upon Reading the Report of the Com^ for public claims> relating to May 7th 
the service done by ColL Philip Ludwell, in prdenting & soliciting a re- 
ticon of the late House of Surgesses, to their Maj^^*, for the Redrefse of ^'°^ ^^ 
Several! Greivanccs, &c. * * * » 

Refolved^ That the sd« CoL Philip Ludwell, in prefenting y® s^ Peti- Vote of thanks 
con to ye late King James, and using his Endeavors to obtain an answer *^^ special gra- 
thereunto. And in prefenting a Copy of y* s* Peticon to their p'fent L„7weU ^°*' 
Ma^^ upon their happy Accefsion to the Crown, and in Solliciting for a 
favorable answer to the Same, hath well purfued the Order &, directions 
of the late s^ houfe of Burgesses, And therefore Ordered That the thanks 
of this House he given to Col. Ludwell for the Same, and that the sum of 
two hundred and fifty pounds sterling, be paid unto the said Coll. Lud- 
well by M*". Auditor, otit of the imposition of 3^ pr. gall, upon liquors, 
as an acknowledgement from this Countrey, for his indefatigable and pros- 
perous endeavours and towards the reimburfsem^ of his great & neces- 
sary expenfe in the management of that affair. 

PETER BEVERLY, 
Clerk of the House of Burgesses. 

*Att a Councill held at, &c.— Pres* : The R^ Hon^'« the Lieut. Gov'. May istb 
and Councill. Jtmes City 

George Marable set forth that by the 127^^ A6k of the Printed Laws, ship oMten 
it is enacted that noe Mafter of any ship, VeflTel, Boate or Barque, shall not u> gWe 
tranfport any p*fon or p'sons out of this Colony, except the s* p'son or ?■"•««•<> ?«'• 
p'fons produce a pass under the hand of the secretary, or such whom debta^e'not 
he shall depute or appointe upon y^ penalty to pay all such debts as any paid* 
p'ibn or pYons shall stand indebtea for unto any p'fbn within this Colony, 
at his or their departure, &c. *  * * 

« 

Petition of Ruth Fulcher for separate mainteneance againft her hus- june i6th 
band, John Fulcher, referred by the Governor & Council to the County ^^ - ,, ^ 

n L J r ^ ^ Norfolk Co, 

Lourt, composed of 

Coll. Burwell Mafon, Suit for divorce 

Capt. W». Robinfon, Capt. W°». CrofFord, ^ 

Capt. Jno. Hobson, Major. Jno. Nichols, > Justices. 

Lieut. Coll. Anty. Lawson, M'. Jas. Wilson, ) 

whO) after lieiuing the teftimony, decided in favour of the plaintiff. 

Att a Genl. Court held, &c.— October 19th 

P'sent : J»«»«» ^'^ 

The R^ Hon''^* the Lieut. Govern^, 
William Cole, Esq'., Sec^^., Chistopher Wormley, Esq'., 

John Lear, Esq'., Edward Hill, Esq'., 

Edward Jennings, Esq'. 



*The above neotioned Marable then goei on to complain of one *< Walter Cocke ** aa hav- 
ing violated thit law, whereupon the Court ordered the Sheriff of Lower Norfolk County to re- 
^ttire the appearance of Cocke before the Council to answer the same, &c. 



so CALENDAR OF STATE PAPERS. 



169 1 Bond given by Wm. Trenow, Master of the ship "Pearle," of Liv* 

Oct*r aSth crpool, &C. — 

Accomack Co^ ^^ The Condition of the above written obligation is such that if the 
Export daty on above bound Wm. Trenow shall, before departure of the above men- 
tobacco, one tioned ship out of this District in their Maj"®' Colony of Virg*, deliver 
i»eiinyper , ^^^^ ^j^^ Collector for the said Diftrict, or unto his Deputy, a true and 
Juft acc\ uppon Oath, of all such Tobaccoes, as shall be laden and 
taken on Board the said fhipp for y® prefent voyage, and if allsoe he shall 
not depart untell payment be made of all Juft dues, and p'ticularly of the 
one penny pr. pound, unto the said Collector, for all Tobacco, for w** 
Bond shall not be firft given to cany the fame to some Port in England, 
Wales or Town of Berwick upon Tweed, and to noe other place, and 
if after being cleared as affor^*^ there shall not be taken on Board the 
said shipp, &c., * * * * then this obli- 

gation shall be void and of none effect ; otherwife to stand, remain and 
bee in full force, power and virtue. 

W^ TRENOW. 

Ocfr 29th Coroners of the Colony required by special order of the **Councill," 

Jamet City to make their annual returns, under oath, in accordance with the general 
Coroncn order of " the R'. Hon^^« ye L'. Gov'., &c. * * * 

Oct*r 30th *' The Depofition of James Lemount, »n regard to the landing of one 

Jamei City hundred and twenty negroes and a quantity of Elephants teeth on the 

Negroes and Eaftern Shore, by the officers and owner of the Ship "Society," of 

Euterrshlre" S"'^^^ ^^ Sunday morning, the 7^ August, 1687 > *"^ ^^ ^^^s of the 

of Virginia vefsel by being wrecked on the Coast on the fame day. It appears the 

faid Lemount and others afforded afsistance in putting the negroes on 

shore, for which service he received "thirty pounds sterling," which 

the Master of the shipp **paid by two young negroes, a boy & a girle.** 

The excufe given for landing these negroes and Elephants teeth, was 

that the ship was short of ,provi(ion$. But the officer in command had 

been careful to enquire *' Whereabout the Man of Warr lay," and 

*' whether there weare conveniency there to land A p'arccU of negroes ?*' 

before he ventured to bring his (hip fufficiently near the shore to effect 

this. — Coll. Cole, Collector, had seized the vefsel, crew and cargo, and 

the latter being forfeited to the Crown, had been sold by him according 

to law. 

OctV 30th Petition through E. Chilton, Atty., to the Council, ** that proclama- 

Middlesez Co. tion be made in open Court, in that County, for evidence against ^ Min- 
Justice to go,' mulatto slave to Hon. Ralph Wormley, Esq'., fo that he be either 
aiavei discharged, or should such * evidences * appear, he be profecuted, ' as y® 

law directs,' at 'y® next Genii. Court.*" 

NoT*r 3d By the houfe of BurgeflTes : 

Tax on liquon '' Ordered, that M'. Treafurer Byrd pay unto M'. Robert Beverley,** 

M'. Cope Doyley, Corbyn and others, certain sums '* out of the 

monies in his hands from the Impositions upon Liquors." 

Tes* \ 

PETER BEVERLEY, 

Clk. H. Burg". 



CALENDAR OF STATE PAPERS. 31 



" Assented to by the Councill." 1691 

" By order of the Councill." 

JAMES SHERLOCK, 

Clk. Gen". Afsemy. 

To the Right Honora^*® Francis Nicolfon, Their Majes^'®' Governo'and 
Councell of State of Virginia : ) ® humble petticon of Joseph Bridger, 
adminift'' of y® Estate of Christopher Homes, deceafed, & Godfather to 
Christo' Homes, y*^ only fonn of y* s^ Homes, 

In moft humble maner iheweth — 

That by y® Statute Anno Tertio Jacobi regis, chap y* 5^, it was then Petition for 
taken into consideration by the King's most excellent Majestic, y^ Lords «o?^* o^* 
Spirituall & temporall, k y« Comons of y« prefent Parlia"^', y* divers f^J^^J^hTt he 
Jefuits semenary & popish priests, dayly did withdraw many of his nay fac eda- 
Majes*" subjects from y® true service of Almighty God, & y® religion ^*^<* '"'^ ***« 
establiflied w"*in ye realme, to y® Romifh religion, k from y« Loyal obe- ^JJh 
dience to his Majeftie, & had secretly persuaded divers recufants k papists, & 
Encouraged & emboldened them to comitt moft Damnable Treaflbns, 
tending to y® overthrow of God*s true religion, y® deftruction of his 
Majestic & his royall Ifsue, & y® overthrow of y® whole state & Comon 
wealth, wherefore it was by y' parlia™^ thought ntt y* as noe romifh recu- 
sant were not thought meet or fitt to bee execu'" or Administra*" to any 
person or persons whoever, not to have y® Education of their owne chil- 
dren, much less of y® Children of any of y® King's fubjects ; it )vas therefore 
inacted by y® authoritie as afore*^, y* fuch popish recusants should be dis- 
enabled to be ex*" or Adm*** or to have y® Custody of any Childe as 
guardian in Chivalrie, guardian in surkage, or guardian in nature of any 
Lands, Stewardfhips or Cuftody of any such Childe, or of their Lands> 
tenements or heriditiments being free held, Coppy hold as afore*^^. Now 
foe it is, may it please this Right Honoratf ° boarde, y* contrary to y® Sta- 
tute before named, one Peter Blake, of Nansemond County, a Profefled 
Papist & contemner & slighter of y® Publick worfhip of God, as it is 
established by y® Lawes of England & Virginia, doth keep in his 
Cuftody y® before named Chriftop' Homes, y® only fonn and Childe of 
Christop' Homes, deceased, &; your Pe"% nott only from y® true friend- 
fliip y' was betwixt your pt"' & y® afore®"* Christop*^ Homes, father of y® 
before named Childe, from which Consideration y® worfliipfull Courte of 
y* Isle- Wight County, did grant adminiftratton to your pett' upon y® 
aforc*^ Chriftop^ Homes' Estate, butt most espetiall for y® folemn En- 
gagem'* y* your pe*^ Lyes under before God, for y® Christian education 
of y* aford*^ Childe, have therefore most humbly made this motion to y® 
R* Hon***® Goven' & Councell, moft humbly praying for y® reasons be- 
fore expressed, y' y® afore*^ Childe may be taken out of y® Custody of y® 
afore** Peter Blake, k y* hee may bee delivered to y""^ pe"% y^ thereby 
yo' pe'*' may better performe those duties doth become him as a God- 
father, Christian & ^ friend to y® afore®** Childe, y* hee may be brought 
up in y® Knowledge k feare of God, & in y® true principalis of Chris- 
tian Religion, & your Pe*^ as being bound, in dutye w*** all Humilitie. 
Shall every pray, &c. 



SB CALENDAR OF STATE PAPERS. 



169 1 Thomas Busbey in all humility 

Sheweth — 

Indian inter- That yo' Petio^ was sworne a publicke Interpreter to the Southern In- 
prcter a long (jjans in y" year 1677, and hath served in y* imployment upon all Comands 
^*°** from the Governors of Virginia y* have beene since y* time ; for y* which 

doing and in y® Confideracon of Yo' Petio" great charge and trouble, 
The Grand Aflembly y^ was held at y® Midle plantacon, was pleafed to 
afcertaine Yo^ Petio'^ six thousand pounds of Tobacco and Caike as a 
yearly Sallary, &c., &c. * * * 

To the R' Hon^^® Francis Nicholson, Esq'., &c., &c.: 

The humble peticon of William Chichester, 

Humbly flieweth — 

Petitiim of in That yo' pe*^'* &ther was for many y" the sole pylott of James River, 
old pilot fi>r re- Commissionated thereto by then Govern' of this Country, and therein 
newai of com- jj j inftruct & educate y"' pe*', who hath ever since beene found an 
expert & able pylott, doing y^ King & Country good service, whereby he 
hath beene continued by Commissions from thofe hon^^ Sir Wm. Berke- 
ley, the Ld. Culpeper, & his Ex^^^ the Ld. Howard, of EflSingham, in the 
time of their Government — haveing made itt his only business, care & 
livelyhood to attend the faid duty ; being alsoe willing to inftruct others, 
in cafe of his death or absence, to p'forme y® &me. 

He therefore humbly prays yo' Hon" to renew the former Commission 
to him granted, &c., &c. 

* Petition of Wm. Digges to the Gov. and Council, setting forth his 
<:laims againft one Gilbert Clarke, a citizen of Charles County, Province 
of Maryland, and praying for a warrant to arreft the faid Clarke, ^^ he 
being now in fome one of the Maryland (hipps b'longing to this ffleete," 
and to require him to anfwer in an " Action of Debt " before the next 
Genii. Court, &c. 

^Q2t Auditor Wm. Byrd's report op the amount of Tobacco paid to " the 

. ^^ Rangers " at the heads of the Rivers for the time they were in service, 

James City ' 

Extracts : lbs. of Tobac. 

Raogen, waget ^ t t r "^ 

paid in tobacco To Lieut. Giles Webb, 8J months' pay, 03825 

To II Soldiers, 8| months' pay, 25245 

To one Indian, 8 J months' pay, ^ 00561 

To the owner of the Indian's borfe for 8| months' pay, 00734 

30365 

To Lieut. Thomas Smith, 8^ mos. pay, &c., &c., 03825 

To Lt. Jno. Taliafero, 8 mos. pay, &c., &c., 03600 

To Lt. David Straugfaan, for oney" pay, tfc, &c., &c., 05400 



* Very quaint and curious. 



CALENDAR OF STATE PAPERS. 3S 



. Thefe are in their maj' names, to will and require you to arrest the 1692 
.My of John Bryan, and him in yo' safe cuftody to ICeep till he enter . , . 
q}^ bond with good and sufficient security for his appearance at James 
se^^^y before the Right Hon^^" the Lieut. Gov' and Councill, on the J"»« City 
of ^^d day of the next Genii. Court, then and there to anfwer the suit Specimen writ 
^^|/^illiam Smith, in an accon of the case ; herein faile not, as alfo 
^ due return hereof. Dated at James City, Jany'. y* 23, 1690. 

To the Sheriff of Northumberland 1 
County or his Deputy. J 

MILES CARY, 

Clk. Genii. Co*. 

By the House of Burgesses — 
May it please yo' Excellency, 

The House of Burgefles having been informed by Capt. Benj*^ Good-> Marcl) 3d 
ridge, SherifFof James City County, That your Excellency had comanded ^ j^^^ ^jj^.^. 
him to provide an officer to attend the house, the house thereupon take- own officer and 
ing the fame into consideracon, doe, 'with thankfulnes acknowledge your continue him 
Excellency's great care therein, and do conceive it was unknown to your 
Excellencv, That the house of Burgesses of the lafl afFembly had ap- 
pointed M'. Wm. Drumond their Messenger, who officiated in the said 
office to the great satisfaction of the sd. houfe the last AfFembly, and 
that the house of Burgeises now assembled had resolved, and have con- 
tinued the sd. M*^. Drumond in the s^ office of Messenger of this house. 

Tefl: 

THOS. MILNER, 

Speaker. 
May it please your Excell^. 

Your Exe^^ haveing upon the addrefse of the house desireing your Exe'^ March 8th 
to reftore our Antient & former customes & usagees in the election of our .... ^j. 
own Clerke, signified That at yo' arriveall in this Govern™*, yo*^ Exc^ of Bu4e$8M''to 
did as authorifed by their Maj'*®" Letters Patent, under the great seal of appoint their 
England, by advice of the Councill, confirme all Officers in their Re- °^" officers 
spective places till further orders, & have since given a Comiffion to 
Peter Beverley, Gent., to be Clerke of the houfe of BurgefTes, whom your 
Exc^ found comiffionated by the hon***® fFra. Nicholson, Esq^., their Maj" 
Lt. Gov"' here, as authorised by their Maiisties, w*^ before had been done to 
Capt. f&ancis Page by his Exc^ the R^ hon^^^ the Lord Howard, of 
Effingham, Governor of this place, by the like authoritie, and with all 
due regard to their Maj^*** Loyall Subjects, the Houfse of Burgesses, to 
vacate which if we should shew yo'^ Exc^^ any authority, you mould be 
ready to do accor^. 

• * * That your Exc^'* anfwer, we at present, Reply noe 
further, then most humbly and earneftly to move # # • 

vour Exc'^ will be pleased to affift this house • » • y^^j. 

Interest, when this house shall make application to their Maj^^ for the 
reftoration of their Antient usage and cuftom in the chooseing of their 
Clerke for time to come. 

By order of the house of Burgefses. 

THOS. MILNER, 

Speaker. 
5 



I 



S4 



CALENDAR OF STATE PAPERS. 



1692 Sundry writs returnable from Accomac, Jas. City, Chas. City Coun- 

^" Signed generally by 

MILES CARY, 
Clk. Genii. Court. 

April ist Virg* ss. By the R'. Hon^^^ the Lieut. Gov' : 

Further inquiry Whereas, In obedience to an order of the R^. Hon**^® the Lords 
as to the land- Comittee for Trade and Plantations, an Enquiry hath been made, and 
&c, by the'sWip severall depoficons taken before me and their Ma" Councill of this Colony, 
"Society," of concerning the negroes, Elephant's teeth, &c., that were brought into 
Bristol this Colony in the ship *' Society," of Briftoll whereof John Skeetch 

was Master, in Auguft, 1687, as also concerning the arrival & loss of 
the faid ship. And to the end a true, full . and perfect account of the 
afores"* seizure, &c., may be returned their Lordships, You are hereby 
ordered to make known in all publick places of yo' County, perticulerly 
the p'rilh Churches, that on Wednesday, the 20^ day of this Inftant, at 
James Citty, a further Enquiry will be made concerning the premises, as 
also of any negroes. Elephant's teeth, &c., fold by y® afores^ Skeetch, or 
any of the ship's company ; to the end all perfons who can give any ac- 
count thereof, may then make their appearances before my selfe & 
their Ma* Councill to doe the fame. Given un^ my hand at Ja. Citty, 
this I"' day of April, 1692. 



Parish 
churches 



To the SherifFe of Princess Anne 
County, or his Deputy, who is to 
make due Return hereof to the 
Clerke of their Maj** Councill at 
James City. 



FFR. NICHOLSON. 



This order is returned with the following endorsement : 



} 

to y® w"*in order, I caused the fame to be 
10^^ of this Instant, at the Eastern Shore 



Princess Anne 
County. 

In Obedience to 
published one Sunday, y^ 
Chappill, before the congergation there mett ; And the fame also has 
bene publickly read in seaverall other places in this County, p' order. 



BENJ. BURROUGHS, Sherr. 



April 2d 

James City 

Venire of i\x 
men to try a 
felon 



Whereas, by A£l of Afsembly, It is ordered in Criminal caufes, that 
there ifsue out of the Secretary's Office, a Venire (Facias, & forasmuch 
as William West, of Chas. City County, is apprehended as a felon for 
stealing of cattle. 

These are, therefore, in their Maj'tyes names, to will &; Req'* y° to 
fumons six able men of the nearest Inhabitants of the s** County where 
the fFact was Comitted, to appear at James Citty, before the R^ Hon**^® 
the Lieut. Gov' & Councill, the fourth day of the next Genii. Court, 
then & there to be of the Jury for tryall of the matter, whereof the sd. 



CALENDAR OF STATE PAPERS. 36 



William West stands accused — hereof layle not, as alsoe to make due 1692 
Returne of this writ. Dated the 2^ day of April, 1692. 

To the Sheriff of Charles City 1 
County or his Deputy. J 

MILES CARY, 

Clk. Genii. Court. 
James Citty, 

Whereas, by Act of Affembly, It is ordered that in Criminall causes April »<i 
there ifsue out of the Secretary's office a Venire flacias, & for as much Venire of %ix 
as Jno, Wilson, of New Kent County, hath spoken & uttered Treason- men to try one 
able words ag"' his most facred Maj'^, King William, accuied of 

These are, therefore, in their Maj"®* names, to will & Req' y® to fum- ^'*"°" 
mons six able men of the nearest Inhabitants of the s^ County, where 
the s* Wilson Liveth, to appear at James Citty before the R'. Hon^^* 
the Lieut. Gov"' & Council!, on the fourth day of the next Genii. Court, 
then & there to be of the Jury for tryall of the matter, &c., &c. * * * 

To the SheifF of New Kent 1 
County, or his Deputy. J 

MILES CARY, 

Clk. Genii. Cor'. 

In obedience to y« Comands of y« R'. Hon^^^% Their Maf^ Lt. Gov' April i9tb 
& Council], I have Published & caused to be Published & Executed, y^ York Co. 
severall Proclamations & Ord" herein Menfhoned. 

One Ord' of ye 8*** of X^'"% (December) 169 1, Concerning y® Mali- ProcUmiiions 
tia, p'ticulerly requiring y™ to give Acct. of Poud"", Coll*', Trump'*, »"<* <>»•<>«" 
Armes, &c. , P""'"»»**^ 

One order fame date, Requireing Sherfs to make Returne of their Shenfli 
Due Ex*** of all Publick Instru""** by y^ 6"» day of y« next Gentl. Court, 
after Receipt of y"*, 

• 

One Or**' more, fame date, Concerning font stones at Tindall's Point, Font itones 
M^ Rob' Reade one, Capt. Thorp one, & by Capt. Thorp's Informa- 
tion to my Un^' Sherif, Capt. fFra. Page one, Capt. James Archer, one 
& y* ye Stone in Broughton p'ifh Church is ye fame, & y' Capt. Page 
gave his Receipt for them, but to whome he ICnows not. 

One Or**' of y^ 19*^ fe^'y, 169 1, for ye Sheriffs Espfhall care to ob- Dutiw of 
serve both Laws Relating to Elections of Burgesses, & giveing in of Sherifli 
greivances, & Returning to y® Secretarye's ofHce, by ye 6^** day of y® Gen^^ 
Court, all Or^'* of y* R* Hon^^« Gov' & Councill, since f first Day of 
April], & to Acquaint Courts, Veflreyes, Coro"'" & Malitia oficers, they 
severally give Acc^. of all things liyoyned y" since y* first Day of 
Aprill, & y^ y« Breifs for Doneations for y* free schoole & CoUedge, be 
Returned to y« Afore"** 6"^ Day of y« Gen" Court, & y' Their Maj^ 
Quitrents are to be sold as y® Or^ Directs, I have alfoe made Publick 
y* R' Hon^*« y* Gov°" Or^ for yc Exercise y® 22^ of Aprill. 

Y* p'fbns Comiting ofences y^ are to be tried for their lives, A cannot Trial of 
be brought to y® 4*** day of y' Court, may be brought any time Dureing Criminal 



S6 



CALENDAR OF STATE PAPERS. 



1692 y« Sitting of y® Gen" Court or Afsembly, k Trycd by a Com® of oyer 
& Terminer, to be signed by y® Gov' for y* purpose. 



Claims 



Indians giving 
fake news 



Y' all p'fons y^ have served in tbeir Maj^**" or y® Countrcy's service, 
make their claimes apeare at y* next County Court, in order for allow- 
ance To y® next Assembly. 

y Indians reporting news to allarme y® Countrey, y* Justices, Sheriffs 
k Malitia oficers in their p'fincts are to cause y'" to be Taken into Cus- 
tody untell y® Truth apeare, which, if true, to be well Rewarded, if 
falfe, to be punisht according to Law ; y® Interpreters to give y® Indians 
notice thereof. 

Thanksgiving I have Alfoe Rec^ one proclamation for A Day of Thanks giving, 
^*y Apointing y* 28^** of Aprill to be kept Throughout y® CoUony. Which is 

now in Executeing. 

Land titles One Or*^ of y* 24"^ 8*"", (October) 1691, Concerning y* Proveing 



Rites for Land, & Returning y™ to y® Sec^^" office by y 
next Gen*^ Court or loofe the Advantidge of y 



jMx 



Day of y® 



m' 



Indians 



Negroes 



One Or'^ of y® 27*^ of 8^'% (October) 1691, y' noe p'fons p'fume to 
Entertaine Indians without first obtaineing Leeve foe to doe. 

One Or**' (fame date,) y' runaway negroes, whose owners Cant be Dis- 
covered, be sent to y® Sherif of James Citty. 



One Proclamation of ye 28'^ Janu^, 1691, 

Duties of Requireing all Justices & Church WSirdens to Returne to ye Sec''* 

jusiicM and office, Un^ their Refpective hands, A p'fect Abstract of y* Levyes 

war n jj^j^yg^j ^ Levied this p'fent yeare in their County & p'rishes, k for y® 

Due Keeping of y® Regifters, &c., & y* y® Justices in their Counteys 

take care y* Courts be not Adjourned & Justice Delayed, & y* Juftices 

Duely attend y® Courts. 



Swearing 



th 



One Or^ of y® 27*^ of Jan', 1691, for putting in Execution y* 11 
A£t, made y° last sefhon of assembly, for y^ more Efectual surpressing 
y® several Sins of Sweareing, kc. 

Aprill 19% 1692. 

THOS BARBARD, Sherf of 

York County. 

April 2ist Y* deposition of Jno. Corprew, Aged 49, or thereabouts, being at 

Deposidon in a James Lemmon*s houfe some time in August, in y' ycarc of our Lord, 
case of Blander jgg^^ a^j ^jjerg meeting with y® master of y® ship' "Society," that was 
caft away, by name John Skeetch, whoe desired me to take a pYell of 
negroes home with mee, which if I would, hee would pay mce for their 
diet k my care & trouble. About • . * * • • * 

I would take 20 of y™, and hee s^ I must feed y*^ twice a day with meat, 
& I should bee well paid, k y® s^ Skeetch • * * brought 
or sent 20 negroes or thereabouts. Whereof I Agreed with him, & 
bought an old man, k a young boy about 6 yeare old for fiveteen pounds. 



CALENDAR OF STATE PAPERS. ^f 



^ 



^i^^'ch money was to bee allowed mee by y* s^ Skeetch in consideration 1692 
O^ '^y diet, care & trouble of y* s^ negroes, & after this y* Honora^^® 
j^^'K Cole came to my house k s^ to my wife y* I muft bring y* negroes 
^ 1^^ in my posseiEon to M"^. Spratts, whereupon I obeyed his order, k 
V^^e confirmed y® iale of y" fibre** two negroes to mee ffor ffiveteen 
^^Xids, which I gave up, by his order, k (Further depofeth not. 

JOHN CORPREW. 
Sworn to before the R' Hono***® 
the Lt. Gov' k Councill. 

Teft : W. Edwards, Clk Cour. 

To y* R^ Hon*** f U. Gov"* ft y* Hon"« Council of State : 
ffra. fFoxcraft Humbly Sheweth — 

That whereas, y' pe^' as a good subject of o^ Sovereigne Lord & Lady 
y^ King ft Queen, hath been at great charge ft p'fonall trouble in profe- 
cuteing ane imformation, as well on behalf of their Maj^^, the R^ 
Hon^ Gov", as himself grounded on the Statute made in y® 15*** of y® 
King Charles y* 2****, for Incourage"*' of Trade, ftc, whereas fome ill-dis- 
posed persons did advise y® witnesses if they would save their ears, to re* 
tract what they had said, though they had given their evidence & deposi- 
tions before a Juftice of y® peace ; x et by such means & practices y* s^ 
witnefses being terrifyed ft discouraged, y® fact was not so fully proved 
by them as y* pe^ was informed, ft had great reafon to believe it would 
bee. And severall persons willing not only to discourage ft deterr y* 
pe^, but all other p'fons from discovering by informations such like of- 
fences agfst such beneficiall & good Laws, have invented & spread abroad 
Malitiously, several slanderous reports ft detracting speeches ft accufa- 
tions ag^ y"' pe*', particularly M'. W"*. Sherwood, did this day at y® 
State house doore. Sitting y" Hon**^* Genii. Co'*, Speak, Say ft utter pub- 
lickly before a Crowd of People, y' he would prove on record y* y"' pe*' 
did subborn Evidences agft' M * * * ft y* y** pe*' did 

alfo bribe them ; wh, if true, y* pe'' should abhor himself as not worthy 
to live. But y® fame being Notoriously fialfe, ft yet y°** pe''* fame, 
creditt ft reputation (much dearer to him than his life) is impaired, Leflened 
ft much blasted thereby in y* face of y* whole Countrey. 

Yo' pe'', therefore, humbly prays y' y**~ pe'' may have publick vindi- 
cation of his s* creditt, so impear'd as afore***, so as to satisfy y® Countrey 
of y* falfeness of y® s^ aspersions, fcandalls thrown upon him, & y* y® s^ 
M', W™. Sherwood may have such reprehensions ft other punim"*" in- 
flicted on him as to y^ Hon" in Juftice shall seem most meet. And yo' 
pe^, as in duty bound, shall 

Ever pray, ftc, 

Att a Councill held at James Citty, ftc , April asth 

Pres* : james City 

The R* Hon'"'* Francis Nicholson, Esq"., their Ma' Lieut. Gov* of 
Virg*. 

W" Cole, Esq"., Sec3^., John Lear, Esq". 

Ralph Wormley, Esq". Ch'. Wormley, Esq". 

William Byrd, Esq". Ed. Hill, Esq". 

Henry Whiteing, Esq". 



38 CALENDAR OF STATE PAPERS. 



1692 In consideration that severall complaints have been made to this Board, 

that unfaire and illegall proceedings have paft in the Northern Neck, be- 
tweene Rapp' and Potomack Rivers, by the Proprie*" granting the Es- 
cheates of Lands in that neck to severall p'fons, without finding any 
oiHce, as the Law directs, to the great difsatisfaction of Divers of the 
Etcheatc of Inhabitants, and to the end a full, true and p'fect account of all the Es- 
Neck*" cheats of Lands granted in the faid Neck may be had, that such fitt 

remedies may be applyed as shall be found to be for their Ma' Service 
and fatisfaction of the Inhabitants of the (aid Neck, It is ordered, that 
the Sheriffs of the refpectivc Counties in the faid Neck, doe forthwith 
give publick notice at the next Courts to be held for their said Counties, 
and in each of their parish Churches, that all p'fons who have had any 
Land granted them in the faid neck, by Escheate, since the Propri*" 
ofEce was firfl sett up there, doe Immediately give the faid Sheriffs copies 
of the Grants for the fame, and all which copies faid Sheriffs are hereby 
required to return (as also to make due returne hereof) to the Clerke of 
the Councill at James Citty, before the 18"* day of June next. 

To the Sheriff of Stafford 1 
County, these. J 

Cop* vera 

Test : 

W. EDWARDS. Clk. Genl. Cot. 
Endorsed. 

This warrant was Published in open Cort, being read every day dure- 
ing y® Cort-Setting ; the Cort holding 4 days, & then I made demand in 
Gennerall — Given un**" my hand. 

GEO. MASON, SherrifF 

of Stafford County. 

Rangers Petition of LeP David Straughan and " eight Rangers," for pay for 

services rendered at the sources of the Rivers, &c., praying for nine 
months pay, and exprefsing their willingnefs to leave '*to yo*^® Hon*"' Con- 
sideration, Hoping y°' Hon'^" will confid'* our duty was the harder, and 
that our Ranges being bad and Stony, are forst to be att y® charge of 

Shqeing hones Shewing,* neither is itt possible that our hors can performe ye SarviSy 
&c. 

« 

May it please y" Lo^p^' — 

June 2id Wee, y' Maji' L^ Gov"*^ & Councill of Virg% being senfible how 

James City much it is our duty to doe all in our power lor y*^ preferving y' Ma' In- 
Petiiion for tcfcsts in this Country, & for securing ye peace & welfaire of y' Ma" 
encouraging zooA Subjects hereof, doe think our selves obliged humbly to p'fent to y*^ 
p" Tent^he' ^° Lord^^P", that severall dangers & ill conveniences seem to threaten y® 
growth of fame, if some means be not found by y' Lord^^^* great wisdome, that 
manufactures, jhips trading hither be suffered & encouraged to bring y® ordinary sup- 
^^' plies in y® due & usuall termes, foe as y® great necessities of the plan^^ 

& Inhabitans here may be provided for, otherwise we humbly conceive 
severall great inconveniences are like to follow by y® plan*" being forced 

* Shoeing. 



CALENDAR OF STATE PAPERS. S9 



to betake themselves, as many of them have already begun, to y^ Im- ibqt 
proveing & makeing severall comodities & Manufacturers usually brought 
to them from Eng^ to the great increafe of y® trade of that (^ingdome, 
& by leaveing of the planting y® usuall quantities of Tobaccoes, w^ would 
be a great means to leflen their Ma' Revenue arifeing by y° Same, both 
in Eng^*^ k this Country, & increase the great wants & necefEties they 
have suffered, for want of y^ usuall supplys & cloaths, working tools h 
other goods should be increased, wee are afFraid itt would very much en* 
danger the Peace of this Country. Wee therefore humbly pray y^' 
Lord'P" to use such means as shall seem beft for y® preventing these dan- 
gers k inconveniency, k which wee are humbly of opinion would in 
great meafure be remedyed, if all (hips desireing ye fame might be suffered 
to proceed on y® Voyage hither early y* next fall, especially thofe from the 
western & northern pts. of England, who have not foe great difficulty 
& danger in coming out, & from whom this Country have had their 
cheif supply of goods, y® laft yeare, k that what ships are p'mitted to 
come, be obliged to bring a proportionable quantity of goods. 

Wee further prefent to y** Lord*** that we finde the mindes of y' Ma" Miirepre- 
good subjects of this Country much disturbed & difquieted, k wee feare «nta^on» f>f 
y® peace thereof may be indangered by several false k dangerous . reports co^lony by 
induftriously spread here, both by letters & />therwise, by severall p'fons unaathorized 
refideing or Inhabiting y® Citty of London, (who pretend great creditt is p«non8 
given to them, thereby y* Comm" of their Ma* Collonies & others) that 
y® Acts of Assembly of this Country are of noc force above one yeare 
after y® date of any such A<£1, Except y' Ma* Roy a 11 afsent have been 
obtained to y® fame, k some of them have had the confidence to affirme 
this to be the declared opin'on of y® Ld, Com" who, wee are well afsured, 
would give noe such opinion soe contrary to their Ma* orders & Inftruc- 
tions in that matter, k which must be of such dangerous confequences. 
The bufiest, as well as y® most dangerous & malicious of these p'fons 
that have endeavored to raise these false reports (as may appeare by a let- 
ter to one Capt. Peter Perry) with designe, as may be much sufpected 
to disturb ye Peace of y° Ma* happy Goverment, (wh God continue 
over us) is one Capt. Roger Jones, fomc time an Inhabitant of this One Roger 
Country, but at present residing in London. A man that, from noe- J^."^.^^^**^ 
thing, pretends in a few years to have gained a great Estate, k since he "*"*^ ** " 
has declared his disaffection to y' Ma^^ before his leaveing this Country, 
by refufeing to serve in any ofSce, or to take the usuall Oaths, wee pray 
yo* Lord'PP* leave to give you his true caracter. He came into this 
Country a souldier under the L** Culpeper ; was by his Ld*P made Cap- 
t^ne of a fmall sloope w^ was to have been furnished with twelve men, 
& was ordered to cruise in our great Bay, to look out for k seize all un- Cru'uer in the 
lawful! Trad", &c. But y° Captaine having learnt to cheate y*^ King Chesapeake 
very early, never had above 8 men, altho he conftantly received pay for ^^ 
I a men, for w^ y° Lord Culpeper endeavoured to call him to Acct., as 
well as for his advifeing, trading with k sheltering severall Pyrates k un- 
lawful! Traders, inftead of doeing his duty in seizing them. By which 
means ye sd. Jones laid ye foundation of his p'fent great Estate, as he 
^ves out he is master of. But more particularly by trading with & as* 
sifting one Davis & other Pyrates to whom, as is credibly reported, he 
struck y® King's Coll" ; but they undirftood soon he was of y"^ tribe or a capt. Jonca in 
well-wisher to them, & therefore difmist Capt. Jones againe, with a con- league with the 
siderable quantity of fr. wines k other valuable goods, as was credibly P'"^^ 



violation of 
charter party 



J^O CALENDAR OF STATE PAPERS. 

169a reported when the friendship betweene Davis & him was contracted, w* 
it seems lafts to this time. 

Wee humbly pray yo~ Lord'P* will take the fame into y' Confidracon, 
& use such measures for y® staving such false & dangerous reports, & for 
makeing ye authors, especially ye s* Jones, sencible of y' offences 
therein, as to y*" great wifdome shall seeme best ; all w^ is humbly sub- 
mitted to y** Ld"P*, by 

fFra. Nicholson, W. Byrd, J. Lear, Ch'. Wormley, 

Ed. Hill, H. White*g, E. Jennings, Ch'^. Robinson, 

H. Hartwell. 

To y* Rt. Hon^^* Earl of Nottingham, y' Ma"*, principall Scc^^ of State 

at his office in Whitehall, and another directed to 
The R^ Hon^^® y* Lord's Comittee for Trade & Plantations at ye Coun- 

cill Chamber, Whitehall. 

Virga. ff. 

By the R^ Hon^^*' their Maj** L*. Gov^'— 

Protest against By this Publick Instrument of Protest, be it known and manifeft to 
all whome the fame shall come or hear it read, that in y* day of y® date 
hereof, being the fifth of July, in y® fourth year of y* Reign of our 
Sovereign Lord and Lady, William & Mary, King and Queen of Eng- 
land, Scotland, fFrance, Ireland & Virg*, Anno que Dom , 1692, Chris- 
topher Robinson, Esq'., appeared before mee, Francis Nicholson, Esq^y 
their Mag* Lieut. Gov' and ye Hon^** their Mag* Council of this Colony, 
and did there Exhibit (as he alledged) at y® Instance and Requeft of 
Tho. Saywel, a Charter Party of affraights™' Indented and made the 
Seventeenth of November, Anno. Dom., 1691, & in y® third year of y® 
Reign of y® faid Sovereign Lord and Lady, William and Mary, by y®^ 
Grace of God, King and Queen over England, &c. Between y^ said 
Thomas Saywel, marriner & master und' God of y® good shipp or vefTel,. 
called the Stephen and Edward, of London, of y® burthen of two 
hundred tonnes or thereabouts, and then Rideing at anchor in y® River 
y® Thames of y® one party, and fFrancis Lee, of London, Merchant for 
& on y* behalfe of Katherine flfantleroy, of Rappahannock river, widow, 
on y® other part, wherein y® sd. fFrancis Lee hath obliged himselfe, his. 
heirs, Execu'", adminiftrat" & assignes that his Executors, fiactors and 
assignes in Virg^ shall, within ye space of five and twenty dayes next,, 
after y® arrival of y® sd. shipp at Rappahannock River aforefaid, & within 
sufficient time w'**in y^ faid dayes make ready & provide for y® sd. shipp 
twenty hhds. of Tobb., and give notice to y® fd. Mafter or his assignes,. 
when all ye fd. Tobacco shall bee provided as by y® fd. Charter Party 
doth at Large appear, and y® s^ Christopher Robinson, Esq., affirming y^y* 
sd. Thomas Saywel alleages the whole twenty five dayes are expired,, 
and ye sd. fFrancis Lee and his fBictor have failed to deliver, ord*" or give 
notice for p't of the beforemenconed Quantity of Tob. Wherefore y®" 
sd. Chriftopher Robinson, £sq^, hath in y® presence of mee, their 
maj'^®* sd. Lieut. Gov' & ye Council, at ye special Infbnce & Rqeuest of 
y® sd. Thomas Saywel Protefted, and by these Presents doth Proteft as 
well against y® sd. fFrancis Lee, taker of y® fd. fFraight, and Katherine 
fBmtleroy, as all others therein concerned, for all costs, Lofses, damages 
&Interestswhatsoeveralready suffered, or here after to be suffered by rea- 



Factor 



CALENDAR OF STATE PAPERS. ^i 



son of V* aforesaid Charter Party not being complied with. A nd for as much 1692^ 
as at this present time there is no Publick Notary appointed & consti^ ^ 
tuted w^in this Dominion, ye sd, Cbristipher Robinson, Esq'., at y® Re- theCdlwy'* 
quest of ye sd. Tho. Say^ell hath thus done and Protested before mee, 
their Maj"*^ fd. L*. Gov', and the Council. In faith and Teftimony 
whereof, I have, according to an order of Council in this behalfe, here- 
unto set my hand k caused y® feal of ye Colony to be afExed the day & 
year iirft menconed. 



At a Court held, &c. Present: 

Capt. W™. Moseley, M'. Bernard Gaines. 

M'. Tho. Edmonson, M'. Robert Brooke, 

Capt. Antho. Smith. 

Capt. John Battaile, in right of himselfe and as Guardian of Mary Action of 
Cogwell, a minor, brought his action of Tresspass againft Thomas ^c$p««» 
Clowson, of this County, and declares that the faid Thomas Clowson, 
with force and arms, and contrary to the peace of our Sovereigne Lord 
and Lady, King William and Queen Mary, Keeps and Detaynes from 
the p^ Qualified as above said, one Mefsuage, tenement and tract of 
Land Containing six hundred acres, seituate, Lyeing and being in the 
parish of Settingborne, and in the aforesaid County, and of right be- 
longing and appertaining to y® pe^' and the said Mary Cogwell, and al- 
though the pe^ qualified as aforesaid, hath divers times forewarned the 
said Clowson from the fame, yet he keeps the pofsession thereof, ta 
the pe^'" Damage, qualified as aforesaid, twenty thousand pounds of 
Tobacco, for which he prays Judg"**, & y* the pe*' with the faid Mary • 

Cogwell may have your worfhip's writt of Habere facias pofTesionem, 
Directed to the Sheriff of this County, and that the said Clawson may 
pay all costs of suite. 

To which the DeP., by Captain Authur Spicer, his Attorny, appeared 
k pleaded Juftification, and Craved a Reference from last Court till this, 
that he might have his Evidences fumoned to prove the said Land Lapfed 
by James Cogwell, and the DeP. produceing his Evidences to this Court, 
and it appearing by the Deposition of Nicholas Copeland that there was 
Corne growing on the said land, above twenty years since, and that a 
man, his wife and family lived on the faid Land since that time, which 
were put there by the said James Cogwell, and that there was fruite 
trees growing thereon ; it is, therefore, the Judgement of this Court, and 
accordingly ordered that their Mag**®" Writt of Habere facias poffes- 
sionem be directed to the Sheriff of this County to put y® pet' qualified as 
aforesaid, into peaceful and quiet possession of the above said Land and 
Appurtenances, and that the DeP. pay all costs of suite alias Ex®. 

firora which order the DeP appeals to the 7^ day of the next Genii. Appeal 
Court, to have a rehearing of the matter before the Hon^^® Gover*^ and 
Cauflcill. • 

M'. Henry Aubrey, together w"^ Mr. Thomas Edmonson, Entcr'd 
themselves security in an Assumpsit of 5000 lbs. Tobacco and Caske, 
for the appelants due profecution of the said appeale. Capt. W°^. 
Mosely, together w^^ Bernard Gaines, Edter'd themselves Security in an Security 

6 



42 



Calendar of state papers. 



1692 



Injunction 
granted 



Oct*r loth 

Injunction 
•diuolved 



Assumptsit of 5000 lbs. Tobacco and Caske for the apeliees due answer- 
ing the sd. appeale 

Copia vera, 

C. MARIWEATHER. 

Vera Copia Teft: 

P. BEVERLEY, Clk. G. Court. 

At a Genii. Court held at James Citty, 8^', (October) 31'*, 1692, 
Present — His Excellency & Councill. 

Thomas Clowson having appealed from an order of Essex County 
Court, obtained againft him by Capt. John Battaile, in right of bimfelfe 
and as Guardian to Mary Cogwell, a minor, dated the lo*** 8^% (Oct.) 
1692, and the said Clowson not Entering his Declaration in due tyme, 
the aforesaid order is confirmed & ordered that the said Clowson pay 
Damages according to Law, with cofts, alias Ex®. 

Vera Copia Test* : 

P. BEVERLEY, Clk. G. C. 

At a generall Court held at James Citty 9"* ^% (November) i'^, 1692, 
Present : His Excellency y* Gover" the Lt. Gover** & CouncilL 

Upon the motion of Arthur Spicer, Attorny of Tho*. Clowson, an 
Injunction is granted the said Clowson to stop all further proceeding on 
an order Yesterday obtained by Capt. John Battaile in right of himselfe 
and as Guardian to Mary Cogwell, a minor, against the said Clowson, 
till a rehearing of the fame in Chancery the 7*** day of the next Gcnll 
Court, the said Clowson giving Security according to Law, M'. W". 

Todd enters himselfe & M'. Arthur Spicer Security. 

• 

Vera Copia Tes': 

P. BEVERLEY, C. Gen. Court. 

■9 

At a Generall Court held at James Citty y® 28"* April, 1693, P^^- 

sent — 

M'. Secretary Wormley, 

MJ. Auditor Byrd, Ed. Hill, Esq'., 

Christop***' Wormley, Esq'., Henry Whiteing, Esq'., 

Henry Hartwell, Esq'. 

Thomas Clowson, haveing the Last Court, obtained an Injunction to 
stop all proceedings upon an order granted there unto John Battaile, in 
right of himselfe and as guardian to Mary Cogwell, a minor, for a Re- 
hearing in Chancery the 7"* day of this Generall Court, and there is filed 
a Bill of Complaint, containing Divers allegations, the Def^, by his At- 
torney appeared and Demurred thereto ; for that the said Complainant 
hath good remedy, and may and ought to Sue for the same by way of 
Action, at and by the Common Law, upon consideration of which the 
Court being of opinion accordingly ; it is therefore ordered that the faid 
Injunction be dismist with costs. 

Vera Copia 

Test : P. BEVERLEY, Ck. Genl. Court. 



CALENDAR OF STATE PAPERS. ^S 



William and Mary, by the grace of God, of England, Scotland, 1692 
ffrance and Ireland, King and Queen, Def^ of the fBiith, &c.: To our 
Sherif of Essex County, Greeting : Whereas, Capt. John Battaile, in 
right of himselfe and as Guardian to Mary Cogwell, a minor, at a Gene- 
rail Court at James Citty, the 31"* October, 1692, before our Trufty and 
well-beloved. Sir Edmd. Andros, Kn*., our L'. and Governor Genii, of 
Virg", & our Councill for our said Colony, Recovered againft Thomas 
Clowson, a Tract of Land Containing six hundred acres, lyeing & be« 
ing in Eflex County ; and whereas, all proceedings upon the fame were 
stopped by an Injunction granted at the faid Generall Court on y^ i'^ 
day of Nov^' last, till a Rehearing of the same in Chancery the next 
Generall Court following upon which rehearing before our said Coun- 
cil!, the said Injunction, on the 28^ day of April, 1693, was dismist. 

You are therefore comanded y^ without d^lay, you cause the said John Decree 
Battaile, in right of himselfe and as guardian to Mary Cogwell, a minor, 
to have his possession of & inthesd. six hundred acres of land, according 
to the within direction, and that you make due return of this Writ Wit- 
ness, Peter Beverley, Clerk of our faid Generall Court, the i** day of 
May, in the fifth year of our Reign, Anno Dom"*, 1693. 

P. BEVERLEY, 

Clk. Genl. Court. 
To which is appended — 

May, y« 15% 1693. 

In obedience to y® w'^in Precept, Capt. John Battaile was delivered Poi etsioo 
possesion of y^ w^in named Land, and all costs of suit sattisfyed. taken 

GEO. PARKE, 

Sub. Sher. Ess. Court. 

Virg*. ss. . 

S' Edmund Andros, K°\ their Ma" Leu*. A; Gov^ Genii, of Virg*, oct'r 21st 
and Vice Admiral of the Seas, within the Dominion thereof; To Capt. 
Robert WiUmott, Comand' of their Ma' hired ship, the " Wolfe '*— J'"" ^*^ 
Whereas, Capt. Richard Finch, Comander of their Ma* ship, the Henry Inspection of 
Prize, hath complained to me of the defects of their Ma'*^" said ship, ^""* 
and desired a survey might be made of her. These are, therefore, to 
authorize and require you, that you with such of the officers of their 
Maj***" said (hip " Wolfe," as you shall think convenient, doe with the 
first conveniencye, repaire on board the said ship ** Henry" Prize, and to- ^^ ^°*"' 
gether with the faid Capt. Richard Finch and the officers of the said °" 
ship, make a diligent and perfect survey of the prefent condition of the 
Hull, Riggin, fFurniture and appurtenances of the said ship *' Henry, 
Prize, and with all convenient speede, make reporte to me, for their 
Ma**^ Service. 

Given under my hand and scale at James Citty, the 2i"' day of Oc- 
tober, Anno Dom% 1692. 

To Capt. Rob* WiUmott, of y'^ Ma- hired 
ship, " Wolfe,'* now Rideing at an anchor 
at Point Comfort. 

Sir— In obedience to his Ex^» and Yo' Com'ds, I have sent you the oct'r 26th 
sums of Tob*» wee Rec'ed laft yeare for my selfe. Eleven men, two In- Henrico Co. 






44 



CALENDAR OF STATE PAPERS. 



tobacco 



1692 dians & for two horfes for nine months* service — Comes to 31 160 pounds 
Rangers paid in Tob^ & Caflcs — We was in ye full time the pay levied — ^this last raising 
we began the firft day of March last, with the same number of Sould", 
an\l one Indian and horse. I hope this A*** will satisfey. 

From y' Hono^*®' most obed* servant, 

GILES WEBB, Stc. 
To the Hon^'^*' Secy. Robinson, Esq^, 1 



OctV 3 lit 
Duffili 



OctV 3 1 It 

Journal of 
service of 
Rangers 



Sugar lard 



Kov*r lit 
James City 



&C.« &C. 



Lieut. John Taliferro gives return of his expenses in Tobacco, as 
Ranger with eleven men & two Indians, &c. Paid to Indians for 8 
mos. fervice, "12 yards of Duffils," and " 3 Barrells of Indian Corne." 

A Journiall of our Ranging, Given by me, David Strahane, Lieut, of 
y* Rangers of Pottomack — 

June, 9*\ 1692 — We Ranged on Ackoquane k so back of the Inhab- 
itants & y® Soth (South) — we returned & discovered nothing. 

June, the 17^^ — We Ranged over Ackoquane, &so we Ranged Round 

persi Neck, & ther we lay that night — And on y® iS'^ came to 

pohike, & ther we heard that Capt. Masone's Serv^-man was missing. 
Then we went to see if we could find him, & we followed his foot 
about halfe a mile, to a house that is deserted, & we took ye tract of a 
great many Indians & we followed it about 10 miles, & our horfes being 
weary, & having no provisions, we was forced to returne. 

June the 26*^ — We Ranged up to Jonathan Mathew's hs. along with 
Capt. Masone, & ther we mett with Capt. Housely, & we sent over for 
the Emperour, but he would not come, & we went over to y* towne & 
^hey held a Masocomacko (?) & ordered 20 of their Indians to goe after 
ye Indians that carried away Capt. Masone's man, k so we returned. 

July the 3*^ — We Ranged up Meapsico, and so back of y' Inhabitants, 
&c. 

July II*** — We Ranged up to Brent^towne, & ther we lay, &c. 

The 19*^ we ranged up Ackotink, &; discovered nothing, &c. 

bo we Ranged once in y® Neck till ye 20*^ Sept^', then we marcht to 
Capt. Masone's, & ther we mett with Capt. Houseley k his men ; So 
we draved out 1 2 of our beft horses, & so we ranged up Ackotink, k 
ther we lay that night. 

Sept. the 22^ — We Ranged due Ncrth, till we came on a great Runn, 
that made into y* Suggar Land, & we marcht down it about 6 miles, k 
ther we Lay that night 

Sept. the 23* — We marcht to the Suggar Land * • * ^nd the 
24***, We Ranged about to see if we could find ye tract of any In- 
dians, but we could not see any fresh signe * *  ^jj^ 
26'** marcht to Capt. Masone's, & ther I difmifled my men till ye next 
march, &c., &c. 

At a Genl. Court held, &c. Present : 

His Excellency the Goven% &c., fFrancis Nicholson, £8q^, Lieut. 
Gover' k Councill. 



CALENDAR OF STATE PAPERS. 45 



■George Marable exhibiting a claim for Seaven pounds, five shill' and six 1692 
pence to this Court for Entertaynment of the Sub Sheriffe of Midd^ p ^^ ^^^ 
County, five men and three prisoners, (viz.) Ddw*^ Davis, Lionel Dela- uining BheriiT 
wafer k John Hinson, when sent by his Excellency the Lord Effingham andprUonen 
to the SherifFe of James Citty County, and praying to be paid the fame 
out of the said Davis, Delewafer & Hinson's Money, his faid claym is 
ordered to Remayne in the Secretary's office for further consideration. 

Vera Copia Tefte : ^ 

P. BEVERLY, Clk. Gc. Court. 

Att a Gen" Court held at James City, &c.. Present : December 23d 

fFran. Nicholson, Esq'., L*. Gov'., &c., 
W"*. Cole, Esq'., Secy., Chris^ Wormley, Esq'., 

Ralph Wormley, Esq'., Henry Whiteing, Esq'., 

John Lear, Esq'., Edm* Jennings, Esq'. 

The Difference dependios on a Reference from the laft Court be- 
tween M' Max. Robinson, Plan*', & M' Maurice Cocke, Def, the fd. 
Robinson not appearing to profecute, is nonsuited & ordered that he pay Non-tult, with 
damage according to law, with costs, ali. Ex^. damagei and 

Wherein Having faild. *^°*^ 

These are, therefore, in their Maj* names to Will & Require you to 
feize foe much of y® Estate of y® above Nam'd M' Max Kobinfon, as 
'Will be of value Sufficient to fatisfie & pay y® above (pecifiid Order, & 
after due valuacon thereof made according to Law, the fame to deliver 
to the above menconed Maurice Cocke or his order — herein fail not, as 
above make due return of this Writt, dated this 23^ X**'% (December) 
Anno Domini, 1692. 

MILES CARY, CI. Gen*^ Crt. 
To the Sheriffe of Essex 
County or his Deputy, 
&c., &c. 

To bis Excell^ S*' Edmond Andros, YJ'^ their Maf L' & Gov' Gen^^ 
of Virg», with y« Hon*'^^ Councill of State : 

Edward Ross in moft humble manner sheweth — 

That whereas, yo"* Pe*' being Imployed to goe to Potowmack on their Col. Wm. 
Maj^ Service, to Execute a precept ag*' Coll* W" Fitzhugh, k Yo' Pe" nuhugh 
laveing &ithiully p'formed y** fame, & brought f ^ Coll° Fitzhugh here '^'^^ 
According to time & place ; Yo'® Pe^, therefore, most humbly beggs of 

yo« Ex"» & Hon' order for p'fent pay for yo'* Pe*" fd. Service, & y**' Pe^ | 

as in all Duty Bound, shall Ever pray, &c. I 

EDWARD ROSS. i 



An Ace* of Severalls impressed by a Virtue of a Warrant from M' 1693 

Joseph Robinson^ in order to y* Accommodating Edward Randolph, 

Esquire, in his voyadge to James Citty, May y* 9*% 1693 : *^ ^^ 

To 11^*" of dryed beef, at 4*^ pr. lb , • *• 44 Account 

To 24^** Bacon, at 4 p*. lb.. : : 96 current 

To a fat weather^ 1 50 

To a bu. wheat ground down, .64 



^6 CALENDAR OF STATE PAPERS. 



1693 To one bottle of Rumm, .lO 



Price of irticlet « 
in pence 



*♦♦♦♦♦♦# 

To impressing a Sloope and 4 hands, &c., .100 

To 2 horses impressed k one man for y^ Carrying Edward Ran- 
dolph, Esquire, to Col. Scarburgh's, «I20 
To Indian meale, about 2 pecks, .14 
To * * butter & y* pot, .6+ 
To Capt. Janifer's men and Cart to carry things down to y* land- 
ing, as beding, water, provisions, &c., .100 
To Summon Lebat. de Lastalias k Capt. Parker, pr. order from 

Coll. Scarburgh, 20 

To Summon Thos. Bushell and Edward Parker, pr. ditto order, 20 

To a Sloope Appraised According to Law at 50 pr. diem, being 

j^ • « « y6 voyadge, valu*d 4000, 750 

Impreismentt To my officer, impressing provision & attendance, 

: 5 
To 2 men's wages to fayle y* slope from May y* 1 1*" to May y* 

26'^, at 15 per diem, as y* Law directeth, 45a 

To a man and horse, impressed and sent 40 miles to summons 

Edward Parker, tho found him not, • • • • 

To 2 horses impressed, & one man, for yecarrymg Edward Ran- 
dolph, Esquire, to Coll. Scarburgh's, &c., 120 
To M' William Anderson, his Committ"*', 20 
To my Attendance upon him to James Citty, from May ii*** to May y* 
28^^, at 100 pd. diem all that tyme, as pr. p'cept from y* Hon'*^* Ralph 
Wormley, Esq' — Summa Errors Excepted. 

THOMAS WELLBURNE, 

Sher. 



f 



May i8th At a Court held for y* County of Stafford, &c. — 

Capt. Math Peale, "] 

Capt. George Mason, M, Phill. Buckner, | 

Present — -l M"* Math. Thompson, M*" Rob' Alexander, V Justices 

I M' Rich. fFarsaker, M' John Harvey, | 

L Capt. Tho" Owsle} . J 

To the Worpp" their Ma"® Justices for Stafford County, now in Court 
setting, this 18'** day of May, 1693 : 

Richard Gibson, complaining, Sheweth — 

Test oath re- That whereas, at a Court held for this County y® 6'^ of October,, 
quired of Geo. 1 69 1, It was Presented and offered to this Court's Consideration, whether 
Breiu "Popiih Popish Recufents and other Recufants should practice ye Law, or enjoy 
RecuMntB** ye Benefitts of y^ fame, 'till they had approved themselves Subjects, by 
taking ye oathes appointed. And at that time it was alfoe requested, 
& in Justice demanded, as well on y® part and behalfe of their Soveraigne 
Ma^^* as on ye Behalfe of this Complainant and other, y® good Subjects 
of this County, that M' George Brent and Robert Brent, and all other 
Recusants who at that time did, or hereafter did intend to practice y* 
Law as Attorneys, Soliciters, &c , might be called before this Court, and* 
y® oaths appointed might be tendered to them, and that certificate thereof 
might be made according to Law. 



CALENDAR OF STATE PAPERS. Jffl 



As alsoe Informacon hath been made againft y^ faid George Brent and 1693 
Robert Brent to v* Grand Jury of this County, y' 13^ of Decem^% 
1692, that they mtght not only be prefented as Popish Recusants, but for 
severall wicked crimes in that Informacon layed downe, which iaid In- 
formacon was likewife presented to this Court, &c.; &c , &c. 

• sK*  ifi % Hi ifi m 

Messrs. George & Robert Brent having been called into Court, and 
^' heard read " this complaint, ^^ anfweared by writing under their hands, 
that they are not sumoned, and cannot now answeare, being not Leagally 
called, but at y* next Court will be ready to make their defence " — 
The Court decided againft this position, ^^to which decision the Brent's 
took exception, and were allowed to appeal to the fifth day of y^ next 
Genii. Court," to be heard before His Ex'^^ their Ma**^ Gove" of 
Virg*, and y® Hon^** Councill of State, to be held at James Citty, after 
having given the required Security for their appearance on that occasion. 

Bond of the Captain and owners of the ship "Morning Star," ofOct'ri9th 
Liverpool, to render a true account of her cargo, &c., &c., before (he Accomack Co. 
(hall ** clear for fome port in England, Wales, or Town of Burwick, 
upon Tweed, and noe other place," &c , &c. 



The Inhabitants of the County being " hindered from taking up and OccV 31st 
patenting the Lands on the South side of Black Water Swamp, occa- petition 
sioned by an order of the Gen^ Court, &c." — the Houfe of Burgesses, gard to landt 
in confideration thereof, " humbly submit and pray " his Excellency, S** ^^ Blackwater 
Edmond Andros, Their Ma"" Gov', &c., " that y*^ laid Restraint on the ^''•"^ 
Surveyors may be taken of, and y® Inhabitants be permitted to enter for & 
lake up any of ye fd. Lands, & likewise any of the Lands in Pamunky 
Neck, 4c.^ 



m re« 



y» 



May it Please your Hono", 

The House of Burgesses having under consideracon your meflage Novem*r nth 
yesterday, wherein yo' Hon" are pleased to recomend the consideration y^^j^ ^^^ 
of a suitable reward to Capt. Cary for his service in going to New York 
for adjusftine a Quota, pursuant to the Queen's comands Signified in her ^^\'F*I^ "" 
letter to his Excellency, the 11*^ of Octob% 1692, humblv take leave to ''*' * * 
acquaint your Hon" tnat they are of opinion that Capt. Cary being em- 
ployed in the faid fervice by his Excellencie, upon advice m Councill, 
by virtue of and in obedience to her Majisties said Letter directed to the 
Governor only, the Charge and Reward for the fame is not a Countrey 
charge, but ought to be defrayed out of their Majesties Revenue, appro- 
priated for such uses. 

By order of the House of Burgesses. 

PETER BEVERLY, 

Clk. of H. of Burg' 



.set 



. By the houfe of Burgeflfes : Nov*r 13th 

May it Pleafc your Hon" — 

In answer to your Hon" meffiige on the 1 1^^ inftant, wherein you are Pom and to- 
pleased to bj you wait for an anfwer to a former mefsage of yours rcla- ^««« »» ^^^^ 



48 CALENDAR OF STATE PAPERS. 



1693 ting to the Act for Ports k Bulke Tobacco. The House of Burgefles. 
humbly take leave to acquaint your Hono'^ that on the 7^ Instant they 
tooke the said meflage under serious confideration and debate^ and there- 
upon Refolved that they would adhere to their former Votes, relating to 
ports and bulke tobacco made this AiTembly, from which they further 
inform your honors they cannot now recede. 

By order of the House of Burgefles. 

PETER BEVERLEY, Clk. H. Burg. 

1694 Entered y® Shipp Mary and Ellery, of Jopsom, Burthen 100 Tons^ 
Thomas Carpenter Commander, from New found Land, noe paffl"*^, y" 
8"^ day of January, 169! (1694.) 

Virginia ss. 

Bond and Know all men by thefe prefents, that we, Thomas Carpenter, Com- 

cletnnce under mander of the Shipp Mary and EUery, of Jopsom, and Richard Nusum,. 
of the County of Lancafter, Gents, and Inhabitants, are held and firmly 
unto our Soveraigne Lord and Lady, King William and Queen Mary^ 
their Heires ana Succeflers, in the sume of One Thousand Pounds 
Stcrl'g, to the true payment whereof on demand, we bind us and every 
of us ones, and every of our heires. Executors, &c.. Jointly and sever- 
ally, for the whole and in the whole, togather with the sdd. Shipp, and 
allherGunns, Tackle, (Fourniture andapparell, firmly by these prefsents. 
WitnefTour hands and scales, &c., &c. 

The condition of this obligacon is such, that whereas, the above 
bounden, is after the Ladeing of his faid shipp, Intended and bound for 
Jopsom, now if the fiiid Thomas Carpenter, Commander as above,. 
shall take and loade on board his faid fliipp, any sugars, Tobaccoes, Cot- 
ton, Wooll, Indico, or other Enumerated Commodities of the growth^ 
Producon or manufacture of any English Plantacon, In Asia, Africa or 
America, or shall carry in his sayd fhipp any of the aforesaid Commodi- 
ties, and unloade and putt the fame on shoare at some Port in Eng- 
land Wales, or at some Porte or Towne of Berrick, upon Tweed, the 
Danger of the Seas only excepted, and return certificate of his see 
doeing and performing, then this obligacon to be void and of none effect,, 
or elfe to ftand in full force and Vertue. 

Sealed and Delivered. 

THOS. CARPENTER,. 

In Presence of RICHARD NUSUM. 

Walt" Wadding, 
Danl. Sullivan. 

1695 May it Pleafc y*" Excellency and * • * •  

May 6th It having been represented to this Aflembly by y* Inhabitants of the 

Blackwater Respective Counties which are adjacent to the Black Water Swamp, on 
swamp lajidt ^h^ Southside of James River, that the takeing up of great quantities of 
Land on the other side of the faid Black water Swamp, when liberty 
shall be given to take up and patent lands in those parts, will not only 
be very injurious and prejuditiall to divers Inhabitants who are seated on 
this side of y^ Swamp — if by that means tbey have not liberty to ttke 
up some land on the other fide, for the Range of their Stockes, but alsoe 



CALENDAR OF STATE PAPERS. 49 



cause at leaft two hundred &milies to defert the Countrey for want of 1695 
conveniencie to live. The House of Burgefies takeing the same into con- 
sideration, doe humbly beg your Excellency and Hono"*, that as foon as 
liberty shall be given to take up and patent lands on the Southiide of the 
Blackwater Swamp, no grants be made of any more than four hundred 
acres to one person, by which method they humbly conceive that part of 
this Country will be well peopled, great stocke of provision raifed, and Emigration 
the daily repaireing of the Inhabitants of this Colony to the Southward Southward 
prevented. 

By order of the House of BurgefTes. 

PHILL. LUDWELL, 

Speaker. 

At a Vefterye held y^ 6**'daye of Maye, 1695, S' John's p'ish, in Kinge May 6th 
A Queene Countye, p'efent : ^.„g ^ g^^„ 

In obedience to an order of his excellencyc and Hon^'rable Counfell, Co. 
beareinge date Maye the first, 1695 — 

Wee, the sd. Vesterye haveinge mett to examinge the Reafons of the Complaint 
Complaint of M' Monro, doe finde that on y® 20*** of Aprill last, we V^^}. ^^^' 
haveinge mett in order to the agreeinge with M' John Monro, Minifter '' 
for the Infueinge yeare, to fliew our willingness, did offer him Thirteen 
Thouland three hundred thirty-foure pounds of tobacco & Caske con« 
venient, which hee slightingly Refufed, and alsoe parted from us in great 
anger, haveing no provocafon theire too, notwithftanding this, wee fent 
one of the Vcftereye after him to Requeft his anfwer to our proposalls, 
which was that in a slightinge manner, hee anfwered that he would make 
noe agreement, and soe Road awaye. Upon which wee made an order 
that y® Church Wardens should againe waite on him, to Know if hee 
would accept of y® fame, which the sd. Church wardens did, but hee 
still slighted and Rufufed, which order allfoe Impowering them, upon his 
Refufail, to provide an other Minifter. M"^ Monro upon this goeinge 
oute of our p'ifli, and not acquaintinge the Veftory of his Returne, or 
that hee would accept of our offer made him, the Church Wardden omit- 
ted goeinge to the Chapell, hee supposeinge the p'ifh to be vacant of a 
Minefter, 

Roger Malory, 
Henry fFox, 
Martin Palmer, Jn', 
Jas. Norment, 
W°* Barford, Jnr., 
Daniel Miles, 
Thomas T. P. Leay, 
Henry Madifon. 
"May it please your Excell : May 6th 

The last time I had the honour to wait upon y**^ Excell., I inform'd Henrico Co, 
you that there was a little eontroverfy between our Vestry men &; me j. ^ ^ 
about our Church Glebe, to which I claim a peculiar right, they, on the Robimon's 
contrary, pretending that only an inducted minister has just title thereto, right to the 
But metbinks 'tis a little hard clergymen converfant about so sacred a ^^*^* 
function should not onely be year by year hired by their parifbioners as- 
suming to themselves the liberty of determining y® quantity of their 

7 



50 CALENDAR OF STATE PAPERS. 



1695 Salaries, but also for want of this induction be debarred from the pof- 
feffion of their glebes at firft devoted to so pious an ufe as the main- 

Priys the quei- tenance of the Miniftrey. This (if connived at) is no great incourage- 
tetSed*^ ment for divines of any note or spirit to live here. Therefore I hum- 

bly beg you' Excell. that the buiineflf of the glebes, but especially mine 
in particular, may now be taken into Consideration, in order to the recti- 
fying thereof, for I leave it wholly to your Excell. difpofal, to be deter* 
mined in favour either fide, as y^' Excell. shall think fit. And truely, 
it is not any profile y^ may accrue to me by this Glebe, that I regard so 
much as the bad prefedent this inflance may be to oy' parifhes, to the 
prejudice of my brethren in y* miniflry who interefl themselves herein. 
Now that God may ever bless, prosper & preferve your Exc. in all your 
undertakings, will always be the cordial prayer of 

May it pleafe y^ Excell., your Ex. mofl humble & 

most devoted Servant, 

GEO. ROBINSON. 

By the House of BurgefTes : 
May 18th May it please y**' Hono" — 

James City Upon consideration of yo' Hono" Meflage, dated Yesterday, proposing 

Payment of ^^^^ ^'^ months pay to the Rangers be ailertained out of the four pence 
Rangen pr. gall., the House of Burgesses doe not agree that it be done this As- 

sembly. But if that pay must be levied this SefHon, that it be done by a 
Levy on the poll to be paid in the year 1696, to which they humbly deure 
y"*" Hon" anfwer with all convenient expedition, to the end the Comittee 
of Proportions, may proceed to the proportioning a Levy accordingly. 

By order of the House of BurgefTes. 

PETER BEVERLEY, Clk. of the houss of 

BurgefTes. 

May 1 8th May it please yo' Honor* — 

James City The houfe of BurgefTes haveing taken under confideration yo*" Hono'^ 

anfwer to their meflage concerning the Revifall of the Lawes & yo^ 
bono" mefsage of this morning, upon the Severall addrefTes to their 
Majeties sent from the houfe for yo^ bono" joining with them therein. 
In anfwer 
Doe humbly Signify to yo*" bono' that they can'ot agree to yo' Hono™ 
propo&Us contained in Yo' said answer concerning the Revifall of the 
Lawes, or Yo^ mefsage about the said addrefTes. 

By order of the houfe of Burgesses. 

PETER BEVERLEY, Clk of the houfe 

of Burgesses. 

1696 Whereas, I Received a noat from y® Clk. of y® Council, concerning 
Tan'v itth ff^rrys, therefore I have given notice to all persons in this Con*^, Pre- 
^ tending to keep fferrys, wh. Bee Rob* Cholfield, David Dickee & W°* 
Lancaster Co. Morgan. But theire answer was y* they did not keep any fferry. But 
Ferries did Sometimes Sett over y® River By Chance some footmen. But na 

horse, & Theire Demand is 2® — 6^ pr. head. 

By mee, W. LISTER, SherifF. 



CALENDAR OF STATE PAPERS. 6J 



Having been shewed hj the Sheriffe of Surry County an order of Coun- 1696 
cill relating to Ferrys, In obedience thereto make this Returne — (viz p w. ^ 
that it hath been a custome many yeares for some person liveing near ^ ^ ^^ 
Crouche's Crecke, in Surry County, to keepe a Ferry to James City, J*«« City 
and when Ja. Ellis (who was the last before me the subscriber) refused perry at 
to keep it any longer, which is about fourteen yeares since, I began to Crouch*sc reek 
keep it, and so do now, alwaies having Boates ready at my Plantacon 
on Crouches Creeke aforesaid for men and Horses, each foot passenger 
paving one shilling, as hath been alwaies ufuall, & a man & horse three 
shillings, six pence — before I kept the ferry it was five shill'. 

W. EDWARDS. 

To all People to whome These p^fents shall Come, Wee, the Com- Nov'r aut 
mission" for manadgeing and causeing to be Leavyed & collected his i^qj^^^j^ £j^ 
Ma^^ cuftomes, Subsidies & other Dutyes In this his Kingdome of Eng- 
land, send greeting, know yee That wee, the said Commiffion" Have, ^«iSe^*om- 
by Virtue of an Act of Parliament, made in the 25*** yeare of the Raigne missioned coi- 
of King Charles y* 2"**, Entitled An Act for Encourage"^* of the East- lector 
land and Greenland Trades, and for better securing the Plantation Trade. 
And in pursuance of the Authority & Direction to us given by the R^ 
Hon^** the Lords' Commission" of his Ma***" Treary, Deputed and Im- 
powered, and Doe hereby Depute & Impower Christopher Wormley to 
be CoUec'' of all the Rates, Dutyes and Impositions ariseing and grow- 
ing due to his Ma*'*" att Rappahannock River, In the Collony of Vir- 
ginia, by virtue of the faid Ad, whereby he hath power to enter into any 
ohip, Bottome Boat or other Vefsell, as alsoe into any shop house, ware- 
house, Hoftery, or other place whatsoever, to make Diligent search into 
any Trunck, Cheft, Pack-Case, Trufse or any other Parcell or Package 
whatsoever, for any goods, wares or Merchandize prohibited to be im- 
ported or Exportea, or whereof the Cuftomes or other Dutyes have not 
been Duely paid, and the same to seize to his Ma*'*" ufe. And alsoe to 
put in Execution all other the Lawfull Powers & authoritye for the bet- 
ter manadgeing and Collectinge the s^ Dutyes in all things : Proceeding 
as the law directs — Thereby prayeing & requireing all and every his 
Ma^*" Officers & Minifters & all others whom it may concern to be 
aideing & assisting to him in all things as becometh. Given under our 
hands & seale at the Cuftome house, London, this twenty-first day of 
Nov,, in the 8*^ yeare of the Raigne of our Soveraigne Lord King Wil- 
liam the 3% Anno D'ni, 1696. 

Rob* Southerell, C. Godalphin, Walter Young, Sam. Clarke, 

Ben. Overton. 

To his Excellency S' Edmond Andros, K°*, his Maj***" Lf*, &c. Ac- 
Thomas Ward, in the behalfe of himselfe and the Own" of the Sloope 
'Content, 

Humbly Sheweth — 

* That whereas, your Petitioner hath had a Tryall, the fifteenth Octo- Pcdtton for 
^r last, before the Hon^^® General Court, upon the Information brought '»t>t»t>on of * 

* Thii PeAtion was referred to Wm, Randolph, Atty. General, who decided that a « Writt 
<<» Ridtution** should at once be issued, that the Sloop and goods be thereby restored to the 
«^fid owner, &c. 



52 CALENDAR OF STATE PAPERS. 



1696 by Joshua Broadbent, upon the seizure of the Sloope ^^ Content '* & 
Loadeing, and upon full heareing, the saide Information & seizure was. 
dismist ; notwithstanding which, the said Sloope & goods are not yett 
delivered to your Petitioner, by reason of which your Petitioner is very 
much hurt and damnified. 

Your Petitioner, therefore, desires your Excellency and hon^^® Coun- 
cill to grant an immediate order for the delivery of the said Sloope and 
goods, that yo' Petitioner may goe about his lawfuU occasions, & your 
Petitioner will ever pray, &c. 

1697 The Sheriff, in obedience to an " order of Councill," reports that 
April 2nt there are but two Ferrys in the County, one at "Varina," " by Capt. 

Will"* Soane upon Sundays, Court-days, and other publick days of meet- 
Henrico Co. j^^g ^f e Justices of y® Coty," for which he is to be allowed eight hun- 
Two ferries In dred pds. of toba° & cask in y* Coty — . *'The other is kept at 
county Bcrmoda Hundred, by Sam" Kimble, who takes 12* per man & * * * 

and 6"^ for every foot pafsenger, &c." 

April 1 2th The greivances of the Inhabitants of the Cou^^ of Accomack, given 

Accomack co. '"^® ^^^*^ Burgesses at the Court House, &c., to be presented to the 
' p'sent Affembly. 

Whereas DoUers, comonly called Lyon or Dog Dollers, have no 
vallue afcertained whereby they mav pass currantly amongst the inhabi- 
tants of this Country ; wee, thererore, pray a Law may pass to afcer- 
taine at what vallue the faid Dollers may pass currantly from man to 
man, for y* better advancement of Trade & Comerce. 

April nth That whereas, feveral Loose k vagrant persons. That have not any 

Settled Residence, do too Comonly enter themselves singly, and not in 
th?pii?lic*evT. ^"y house Keepers* List of Tithables, who, being so levied upon for 
Remedy for the their Taxes, and when the time comes that the Sheriff goes about to col- 
"me lect the publique dues, they abscond, and remove from place to place, on 

purpose to defraud the County of their Levies, being sensible they have 
no vifible Estate, by which the Sheriff can make distreflf for y^ same, 
by reason whereof y* Taxes grow the more burdensome and grievous to 
the settled p'fons of the Inhabitants of the County, The Sheriffs return- 
ing them at the next * • • • as p^sons non-solvent ; 
wee, therefore * • * • # ^j^^t a Law may be 

made with • *  • Penalty annexed for the *  * 

of the said inhabitants on that behalf, by findeing such expedient at the 
discretion of the Worshp^ house of Burgesses, for Redreff therein, to 
prevent the like mischeifs and inconveniences for the future. 

JNO. WASHBURNE, 

Clk. Cout., &c. 

Memben of Christopher Thompson, W"* Custis, TuUy Robinson, 

the court William Dcnnison, Geo. Nich. Clarke, John ^ 

John Morris, Ed"** Custis, • Edmond Rally, 

Gervis Berggalle, Rob* Hutchinfbn, George Parker, 

Henry Custis, Richard ^^Senr. 

April 26th Worthy S' — This p'"" I take to Informe you that I have had bread 

(bred) on the side of my neck-, a Verry grate Impost", and it is lately 



CALENDAR OF STATE PAPERS. 5S 



break'd, soe that now is a Hole in my Neck that a man may put in three 1697 
of his fingers* The doctcr tells me it will be verry daingerous to goe foe 
much as about the plantotion, soe I am afFraide I shall not be able to ap- f^^^" ^H^^'r 
pcare on the day perfixt, at towne ; I therefore humbly request that you Burgetsln ' ° 
will please to inform the house of BurgefFes of the occation of my ab- 
sence from y^ fd. House, and that they may afshuredly Conclude that as 
soone as Ever shall please God to make me able, shall give my true 
attendance on the House, the Contrary I hope will neither by you nor 
them be supposed. S% y® fFavoiir herein will oblige, S% yo' Humble 
Ser* 

RODHAM KENNER. 

To M' Rob' Carter, Speaker 

of the Houfe of Burgefses att James City, 

Thefe. 

Right Worship" & Worthy Gent— 

This, with all due relpect, comes to give you an ace' of my abfents April a6th 
from the Affembly, occationed by my Wife's Sicknefs, who is far more 
likely to Dye then recover, (and I cannot in Confcience leave her j) if 
pleafe God, I see any probable amendment in her (ickness, shall not faile 
imediately to give my Due attendance, till w^** time, I hope this may be 
a reafonable excufe to Gen'. 

V* Most Humble 
Serv', 

RICHARD HAYNIE. 
To the Right Worship" M' Speaker 
and other, the Gent" of the Houfe of 
Bui^esses. « 

By Virtue of his Ex^'' Comiflion to us directed, we do hereby certifie April 29th 
that we have administered y® oaths prescribed by law, y® Test & y® oath 
of a Burgeff to M'' Thomas Edmonson, returned one of y® elected Bur- •'*"*' '^ 
gefses for Effex County. Oathe of office 

Given under our hands y* 29"* of April, 1697. ' «<»«n«»tered 

C» WORMLEY, 
E. JENNINGS, 

Propofals made by the fubfcribers, being free Houlders In the County October 6th 
affordaid, to be prefented by the Burgeffes, of y* aiForelaid County, to the . 
next Affembly by way of Aggreviences : ccomack Co. 

I. That whereas, muney being made of Currant Vallew, it is the only, 
And moft Convenient Ballance for carrying on all Trade and Com- 
merce ; And forafmuch as Experience Informeth us that our naighbour- 
ing provinces & Governments by Inhancing The Vallew of all faran 
Quoine, Do Draine and withdraw from this Government fuch muneys Increasing 
as by feverall opportunity Doth Happen to be brought amongft us, to our l"« f^ coin or 
Impouverfhment and Their Great Advantages ; We Tharfore propofe ^^^^^ **'' 
That a Certaine Vallew & Advance may be fett, not only upon Dollers, 
but Upon all forts of farail quoine which may Excede the Vallew of gt. 
Starling, That Tharby Incouragement may be given for importing, as 
well as Keeping the £ime to Curculate and pass plentifully in this Cuntry, 
Which would Tend much to the Incouragement of all forts of Artificers 



va- 



S4 



CALENDAR OF STATE PAPERS. 



1697 



Wolrea too 

abundant and 
should be 
trapped 



& Tradefmen, as well as Dealers & Strangers, who are at pTent dis- 
couraged by Refon, are forced (If Deale at all) to Do it moftly upon 
trufl, and finde III payments and great DifTapoyntments. 

■2nd. That wharas, It is too Evident That Woolves Do Greatly In- 
crease, and are Very Difltructive to the Increafe of moft forts of ufefuU 
Creturs In this Country — That for the Incouragement of fuch as would 
make it Their BuffinefT, & Indevors to Deftroy Woolves By pitts & 
Trapps, kc, — That all fuch perfons may be allowed for Each Woolve thay 
(hall fo take & Deftroy at Leaft 300^^ Tobacco, and y** none be allowed 
(Excepting Indians) but fuch as shall by oath or Evidence (if Required) 
make it appear to y* Juftis Granting y® Certificate, That the faid woolve 
or woolves wear taken in A Trap, pitt or other Invention by them made 
& prepared for the taking woolves as aforef^ , and faid Rewards to be al- 
lowed by y® Reflpective Countys at Their Courts of Leveys. 



W™ Anderson, 
John Custis, 
Robt. Pitts, 
— ; Moore, 



Geo. Parker, 
William Dennison, 
John Drummond, 
Ed. Brotherton, 
George Parker, Sen 



October xith 
York county 



October 18th 
North River 



Oct*r 2Xtt 

— — >yemond 



Att a Co'^ of Claimes held for Yorke County, &c., p'fen^ : th' Ma**** 
Justices. 

Itt is y® propofi'on of M*" Rob* Read, Capt. Charles Hansford & 
Capt. Will™ Buckner, in behalfe of y® County abovesaid, that y* Wor- 
shipful house of Burgefles take into Consideration, that Jurymen in all 
Cases impannelled and sworne, b; introduced to their obedience of Sum- 
mons by some Encourage"* to be aflertained. 

Test : 

WILL^ SEDGWICK, Clk. Cort. 

M'' Speaker, 

Being und' and in dispofition my Self, and having at this time a Child 
in a very dangerous condition, I humbly beg the house will be pleased to 
excufe my not attending at the first meeting; And it is my defire, as 
well as intention, as soon as God shall be pleased to change my afore- 
said circumstances for y® better, which I hope a little time will effect, 
to wait upon you and the house, and by my attendance to difcharge the 
duty incumbent upon. 

Most Worthy Sir, 

Your most humble Servant, 



JAMES RANSONE. 



Gen* 



Nothing less then my p'^fent condition could prevent me in profecuting 
my duty with y® all att this time, in James Citty ; but at p'sent am so 
grievously afflicted with y* gout, that I can no wife be servicable to my self 
nor Countiy ; but if it please God to grante me a little ease, if I under- 
ftand y* AfTembly continues, I will endeavour to be up in order to my 



CALENDAR OF STATE PAPERS. 6S 



duty with you — ^In mean time, I beg yo' excufes, this being what at 1697 
p^sent offers from 

Yo'* moft humble Serv*, 

JOHN BRASSEUR. 
To M' Speaker and y* Gents. 
of the house of Burgesses — 
Thefe. 

Gentlemen — 

Soon after your adjournment, the Piscataway Indians liveing on the Oct*r 23d 
Northside of rotomock River, in Maryland, came over to settle, (on this j^^^ ^j^ 
side) & notwithstanding my reiterate Directions k Orders to the Chief 
Officers in Stafford County, have not been prevailed with to returne to Addreu of the 
Maryland, but remaine back in the Woods beyond the little mountains. Governor in 
I had also an account of a woman and three children in Stafford County ^^ *° 
dangerously wounded by Indians, of which one condemned & executed 
k four cleared by a Court of Oyer & Terminer. And I have lately had 
an account from the upper parts of James River of an English Man, 
comeing from South Carolina, murthered & robed by some unknown In- 
dians, questioned at Appomaticks for the said murther, but cleared, were 
the same evening killed by other indians within our Settlements & Habi- 
tations. On notices whereof, I gave p'sent orders by all fitting means 
to Indeavour the Discovery k apprehend or demand the murtherers to bee 
proceeded against (not yett effected) all which, & some proceeding in 
Maryland, sent me, relating to Indians, I have ordered to be laid before 
you. And further particular accounts to bee given by the officers con- 
cerned, as occasion — And now recommend the whole matter thereof to 
your p^sent considerations, and suitable care to be taken for the continued 
welfare and defence of this his Ma"** Antient Colony & Dominion. 
And now neceflary a Law for the well settling the militia, as also for 
Juryes, espeicially for the Genii Court of great Import, to bee regulated 
k provided to attend. And doe not doubt your hartily Joyntng in thanks- 
giving & Prayers to almightv God, for his continued blefEngs on his 
Ma^'~ & his Dominion ; And that hee will be gratiously pleased to direct 
the proceeding of their present Gen" Assembly. 

A copy of his Excellency's Speech. 

E. JENINGS, 

Depy. Se^ 

C' Wormeley and E. Jenings certify to their having administered the ^^^*' *3<^ 
necessary oaths to M"* Philip Ludwel], Jn% '• Burgefs elect, returned for jamet City 
James City," &c, 

C' Wormley and E. Jenings certify that they have administered to M' 
Robert Hubberd, Burgess returned for Warrick County, & M' Cock, 
Buijeess returned for Henrico County; '* The oaths appointed by AGt 
of Parliament, to be taken instead of the oaths of allegiance & supre- 
macy. 

By y« Com*^ of Pub. Claimes : 

This Comittee haveing duely and maturely confidered Severall of y* 
Claims from Stafford County, made by divers p'fons, and thereupon finde- 



66 CALENDAR OF STATE PAPERS. 



1697 ^^?> ^^^^ ^o arife from the mischiefs perpetrated by the Indians in that 
Stafford h uld ^^"^ty? ^"^ ^^^^ ^^^Y ^^^ amount to a very confiderable sum of Tobbco, 
be relieved of which said Tobb% by the Laws and ufual Customes for defraying the 
taxes on ac- charges of Criminalls^ hath hitherto been paid by the Counties, and not 
count of Indian brought upon the Publick until the Criminalls were delivered to the Sherr. 
ages ^^ James City ; but this being a very confiderable charge as afordsaid, and 

occasioned by Indians, as Enemies to the whole Countrey, this Com*®® 
Doe Humbly submit the said Claims to the Conftderation of the houfe 
for their dereccon, whether they shall p'ceed to the Regulacon & allow- 
ance of the same, y® Charge of them not being regulated nor prov** in 
Court, or whether they shall be dyfallowed and defrayed by the County, 
as is ufuall for other criminalls. 

Test \ 

' MILES CARY, Clk. Comm»«®. 

By the Councill — 
Nov'r xst M'' Speaker & Gent* of the 1 
House of Burgesses. J 

tain claims ^^^e Councill haveing considered the Book of Claimes, agree to 

the same, w^^ the following Amendments & additions : 

That the Sheriff of James City County be allowed for his attendance 
at the Gen^^ Court, two thousand pounds of Tobacco and Caflc, more 
then allowed in the booke of claimes. The name of the Trumpeter 
being omitted, to be incerted (viz.) Thomas Reeves. The name of the 
Clerke of the Gen" Afsembly being omitted, to be incerted (viz.) M"". 
James Sherlock. ' Rachel to b2 incerted between M". and Sherwood. 
And Cafk omitted to George Read for one thousand and eighty pounds 
of tobacco, to be added. 

By order of the Council. 

JAMES SHERLOCK, Clk Gen" Afsembly, 



Oath to be " You shall swear as Clark to y^ houfe of Burgesses of Virg*, to which 

taken by the office you are appointed by his Excellency, faithfully, Juftly and uprightly 

House^of * '^ make true entries & Journals of all voates & proceedings of y® s'd 

Burgesses houfe of Burgefses, as from time to time, you shall receive orders and 

directions from them ; you shall keep secret all proceedings of y* s^ houfe 

of Burgefses so far as mall by v® s*^ houfe be found necessary, & shall, in 

all things, according to yo*" beft (kill & Judgem' difcharge and execute y® 

sd. office & truft of Clark of y® houfe of Burgesses. 

To his Excell^y S*' Edmund Andros, K"* & his Ma**®*, &c. 

The Humble Peticon of Joshua Brodbent, 
Sheweth, 

Application for That by Vcrtue of a Commission from your Excell'y, bearing date the 
relief for pro- second day of October, Anno 1696, for the Command of his Ma**®* hyred 
tecting the Sloope, the Spyewell, to cruise in the Bay and the severall Rivers in this 
the Bay &c*. Government, to detect and discover falfe Traders, &c. And forasmuch 
as your Petico^ in the prosecution of his Duty has been at very consider- 
able charges & expenses in the seizure of severell sloops and one ihip for 
Illegal Trading, contrary to severall acts of Parlia™^ And although the 
said sloops & shipps have not been condemned, yet your Peticon' conceives 



CALENDAR OF STATE PAPERS. 57 



be /lad good and sufficient ground of seizure and prosecution of the faid 1697 

Stoops and ship by the Duty of his office and the truft reposed in him by 

Your Exce^*' not proceeding therein without the mature consideration & 

advice as well of the King's Councill as of his owne. Your Peticon^ 

haveing likewife beene at greate expence & trouble in the profecution of 

a Bond due his Ma**®, all w*^*^ arc mentioned in an acco' hereunto an- 

Your Pef therefore humbly prays y"^ Exce^^^ & Hon" that 
the said annexed Acco^ of his charges may be allowed & paid 
him 

And yo' Peticon' as in duty bound, fhall ever pray, &c. 

JOSHUA BRODBENT. 

To Mis Excellency S^^ Edmund Andros, Km. His Maj"«» Lieut, and 
Go^v"" General of Viginia: 

The Humble Address of the Houfe of Burgesses. 

May it pleafe yo' Excellency, 

W"e^ his majesties Loyall and Dutifull subjects, the Burgesses now as- Reply to Gov- 
scmtilccl in James City, in his majesties mod Ancient Colony & Dominion «'|»of'« •pecch 
of V irginia, haveing upon this meeting had the favour of yo*^ Excellencies ^^^^y iq. 
speecli^ wherein you are pleafed to give us a breif acco* of the Piscataway dims 
India^ns comeing over from Maryland & getting on this fide Potomack 
Rwer, of some mischiefs done in Stafford County, & others in the upper 
V^^ of James River by Indians, together with what hath been already or- 
^^rcd & done upon thefe unhappy accidents to check and prevent further 
A^ngers on the ffrontiers. And for our full information therein. Your 
Excellency haveinge been pleafed to lay before us the proceedings of 
the Court of Oyer & Terminer ; some proceedings in Maryland relating 
to Indians, and the particular accounts which your Excellency had frome 
the upper part of James River. We Efteem ourselves obliged to 
return your Excellency our moft humble and unfeigned thanks for the 
same, and to acknowledge that we and this whole Colony stand exceed- 
ingly bound to your Excellency, for the great care hath been taken on 
this occasion, to punifh the male&ctors found, and to effect the difcovery 
t apprehension of thofe that are not. 

And to the end we may not be wanting in our duty for the continued 
peace, security and defence of his majesties Ancient Colony and Do- 
minion, with as much Dispatch as may be, we have defired a Conference 
with the Hono^^ Councill what may be thought necessary at this time to 
be done to maintain and support it therein, from mischiefs & Incursions 
which may be feared from Indians or any other enemies — beeing all the 
proceedings we have yet made upon that head of your Excellencies 
speech, &c. *••*♦#* 

* * * • • We have ordered that the con- 

sideration of that, &c.^ stand referred to the next Afscmbly. 

And doe heartily join with your Excellency in our prayers that God 
Almighty will be graciouly pleafed to direct the proceedings of this session 
in all things moft necessary for his glory, the Honor of his Majesty and 
the Welfare of this Colony and Dominion. 

8 



i 



68 



CALENDAR OF STATE PAPERS. 



Concealed 
tithablei 



Place of 
doorkeeper 



1697 Proposition of Jno. Washbourne and Ric^ Baily to the Genl. Assem- 

bly, to remove the ambiguity in the Law for the '* discovery of concealed 
Tithables," on account of which, much trouble and *' many disputes '* 
had arisen. 

To the Right Worshf ^^ M*^ Speaker, and houfe of Burgefses. 

John Hix, humbly sheweth : 

That understanding there is a vacancy in one of the Door Keepers* 
places, he humbly prays the houfe will be pleafed to confider his p'sent 
condition, being low, as to admitt and receive him with the fame, tor his 
better support and maintenance, and he doth promife humbly to officiate 
therein with all diligence and fidelity. 

To the R' Worp^ M'. Speaker & Houfe of Burgefses : 

Membcn of Benoni Burroughs & John Thorowgood, now in custody of the Mes- 

House of Bur- senger, for their default of not attending the service of the Houfe : 

geues under ^ 

arrest for non- Humbly pray — 

That they may be admitted to lay before the houfe the obftructions 
which have hitherto prevented their attendance, and they doe hope upon 
hearing thereof, the houfe will be pleased to order their discharge and ad- 
mit them to their places. 

To y® Hon^^** Houfe of Burgefses : 

Wm. Harrifon, Humbly Sheweth — 

Doorkeeper to That y***" Pe*', liveing in Town and Sexton of y® parifli, hath ben made 
House of Bur- acqua^ by y® Inhabitants thereof, that it is a Generall Custom for y® Sex- 
"'^^'^ ton of y® parifh, to be Door Keep*" to y® sd. Houfe of Burgefses, there- 

fore y*^^ pet*" defires a grant for y® same. 

And he in duty bound shall ever pray. 



gesses 



Mattaponi 
fort 



Thefe Certifie that William Meridaye was one of the Carpente" that 
built the houfeing at Mattaponie Garifon, in the yeare 1679 ; but whether 
he has bin payd for itt or no, I know not. 

GEO. LIDDALL. 



1698 



Th. Cantuar, 
Somers C. 
Pembroke, C. P, S. 
Marlborough. 
Romney. 
Orford. 



By the Lords Juftices. 



Lords Justices* 

warrant for aU r^ % 

lowance to w. jes** Treas'y, in behalf of William Bird, Esq', Auditor Genl. of the 

Byrd, Esq., on ~ -..«-.- ^ - . ^ - .,. _ 

account of mo- 
ney advanced 
by him for sup- 
port of govern- 
ment, out of 
his private 
means, &c. 



Whereas, it hath been represented to the Lords Comifs"'* of his Ma- 



Revenues of his Majesties Colony and Dominion of Virg% That the 
Revenues of the two (hillings upon every Hogshead of Toba*^, fifteen 
pence p'Tun, for every ship, and six pence p'PoU, for every Person ar- 
riving there, have fallen (hort since the year 1694, not answering the 
necessary charges of the Government in the sum of two thou(and nine 
hundred, fifty-nve pounds, nine {hillings & eight pence, half penny. And 



CALENDAR OF STATE PAPERS. 69 



that the said deficiency hath preceed * * *  great and unusuall 1698 
charges that this Colony has within * * * * Years been at, in 
the large supply es it hath sent * * * j^ raising a Fort at James- 
town, and in maintaining * * • ^^rr sloop, and other extraordinary 
disburfement * * * he, the faid William Bird, finding the aforesaid 
Revenues short, and being unwilling his Maj** service should be neglected 

• * * still, hath since the year 1694, advanced out of his own proper 

* * * the above menconed fume of two thoufand nine hundred, 
fifty-five pounds, nine {hillings and eight pence, half penny, which 'tis 
prayed may be allowed out of three thoufand, three hundred thirty-three 
pounds, nine (hillings, six pence, half penny, remaining in the hands of the 
said William Bird for the Revenue of Quit rents, as hath been ufual in 
the like cases. And whereas, by a Report made by William Blathwayt, 
Esq'., (to whom this matter hath been referred,) it appears, (amongft 
other things,) that his late Maj'^^, King Charles the Second, by Letters 
under his Royall sign manual and * * * to the Gov"^ of Vir- 
ginia, dated the 25th July, 1684, did declare his Intention, that the Quit 
Rents thereof arising to his Maj^®® * • * be applyed towards the 
support of the Government of that Colony in such manner as his Majesty 
fhould from time to time direct and appoint. And to order that the said 
Quit rents (hould not, at any time, be dispofed of untill upon certifying 
the value of what fhould then remain in y® Trea''^. Mis Majesty (hould 
order the same to be dispofed of to such uses as (hould be thought requi- 
site. That accordingly orders have issued under his Present Majesties 
Royall sign manual, dated the first of May, 1695, for the pay^nent of 
seaven hundred, sixty-five Pounds, three (hillings and a farthing, out of his 
said Revenue of Quit Rents, in ayd of the Revenue of two (hillings 
p'hogshead, then fallen (hort, and that since the time the said Revenue of 
two (hillings p'hogshead & Port Dutys have fallen short in the years 
1696, 1697, of answr'ing the charges of that Government, and other ex- 
traordinary exigencies above mentioned in the sume of two thoufand eight 
hundred eighty-three pounds, three (hillings and two pence, half penny, 
which added to the remaining Ballance of the account of that Revenue 
in the year 1694, being Seaventy-two Pounds, six (hillings and six pence, 
there is wanting to clear the debts of the Government in Virginia, out of 
the said Revenue of two (hillings p'hogshead, the said sum of Two thou- 
sand nine hundred fifty-five pounds, nine (hillings and eight pence, half 
penny according to the severall vouchers transmitted by the said Auditor 
General. And likewise that on the 31st of May, 1697, there was re- 
maining in the Treasury then, an accompt of Quit Rents, the sume of 
three thoufand three hundred thirty-three pounds, nine (hillings and six 
pence, half penny. Now in regard the said sume of two thoufand nine 
hundred fifty-five Pounds, nine milling;s and eight pence, half-penny hath 
been advanced by the said W"*. Bird for the support of the Government, 
and on the extraordinary occasions above mentioned. We do hereby direct 
and require you to issue a Warrant for the allowing the same to the said 
William Bird, out of the Ballence which remained on his account of the 
Revenue of Quitt Rents  *  the 31st May, 1697, aforesaid. 
And for so doing • •  your warrant. Dated at the Court at White- 
hall, the • * * Day of November, 1698. In the Tenth Year of 
His Majesties Reign. 

By their Excell*^'* Command, 



I 



60 



CALENDAR OF STATE PAPERS, 



1698 



Nov'r 5th 

Fort at Tyn- 
daU*8 Point, 
York River 



Directed in manner fol% to-wit : STE, FOX, * •  

To Francis Nicholson, Esq^, his J. SMITH, • * • 

Maf Lieut. & Governour Generall THO. LITTLETON. *  

of the Colony and Dominion of Virginia, 

in America, And to the Governour Commander-in-Chief 

of the said Colony and Dominion for the time being. 

This is a true Copy from the Entry in the 
Treas^ Book, Ex"^ 

pr. E. WEBSTER. 

A true Copy, 

JOHN POVEY. 

Virg*, ss : 

* You are hereby ordered and required to Pay unto Chicheley Corbin 
Thacker the summ of Eleaven pounds, eight {hillings and six pence, serl% 
it being for fo much paid by him to severall persons, for extraordinary 
services about y® fFort at Tindall'is Point, in York River, and for Tarr 
for the Carriages, and alfoe for hooping seventy-five barr*^ of Powder at 
James City, and for fuch payment this (hall be y°^ warrant. 

To M^ Auditor Byrd. 



Suflbrd Co, To his Excellency F. N., Esq*"., his Majesties Lt. & Govern' Generall of 

Virg* ; the Hon^^* Councell of State ; the Right WorshipfuU Mr. 
agaUi8t"'squirc Speaker, & the WorshipfuU houfe of Burgases, &c : 
Tom* Wee, the Inhabitants of Stafford County, hereunto subfcribing. Doe 

offer to our Representatives this Day Legaly chosen, These following 

Agreivances : 

Imp" : 

That it Being noe less for the Hon' of God, the Safety of the People^ 
that Innocent Blood Inhumanly spilt fhould be Justly Revenged, wee 
Desire that Bloody Villiane, Esq*^ Tomm, a Convict upon Record, may 
be Demanded & brought In by the Emperor of Piscataway, who now 
entertains him and protects him from Condigne Punishment. 



Robt. Alexander, 
Edward £. B. Barton, 
Thomas Baxter, 
Giles Vanderafteale, 
Hugh * * * 
John Waugh, Jnr., 

Thos. 

John Simpibn, 
David Straughan, 
Burr Harrison, 



And Others. 



G. Mason, 
Math. Thompson, 
Ric*d flaftaker, 
Philip Buckner, 
William Williams, 
Jno. Washington, 
Robert CoUson, 
Jo. Mason, 
Jo Coale, 
Thos, Owsley, 



•*>>-<h»^^*A^h*a 



* With Autograph sigiuture £. AHDtot. 



CALENDAR OF STATE PAPERS. 61 



♦A Bill for facilitating y** payment of y® Donations to the College of 1698 

Wm. k Mary, in Virginia. 

Whereas, for a continnuall Supply of the miniftrey for the Church of 
Virg*, for the pious education of Truth in morality and good Learning, 
and for the p'pogation of the Xtian faith in the Weft Indies, Propficons 
have been made by certain p'fons pioufly Inclined, for the founding and 
Erecting a Colledge or place of univerfal Study within the Dominion of 
Virg*, p'sueant to which said p'ropificon certain briefs were at feverall 
times Issued for subfcription to be made of fFree and Volluntary Dona- 
tions towards the promoting and Carryeing on so good a Work \ to which 
said Breifs or Inftruments of Writeing several p'fons did subscribe for Di- 
vers Sums. of money, Tobb** and other Things, did by such subfcriptions 
oblige themselves, their heirs. Ex*" and Adm*^, to pay the said severall 
sums of money, tobo. and other things in the said subfcriptions men- 

coned at a time to come to such p'fon or p'fons as by 

Law fliould be appointed to receive the fame. Now, to the end, that 
the building & furnifhing the said College may be carried on with the 

greater cafe and Expedicon, and for the about the p'fons to 

whom the said Donations ^— 

Be it enacted by the Gov' in Council and Burgefses 

Henry Hartwell 

and Charles Esq"., James Blair, John 

Benjamin Harrifon and Miles Cary, Wm. & Mary 
W'm Randolph, Esq" , and Mathcw Page, Gent., Truftees and founders Colkge, mcaAs. 
of the College of William and Mary, in Virg*, or the major part of them J^^^**^" ^^^ 
or of the Longeft Livers or the Longeft Liver of them, and his or their ' 
'icirs shall be and are hereby Declared to be p'fons apt and capable in Law 
^ sufficiently impower'd by the Charter granted by his p'sent Maj^*" 
and the Oueen of bless'd memory to take and receive all such Subscrip- 
tions or Donations as before the date of this Act by any obligacon or 
Subscription have been made or given towards the building, erecting and 
founding a free School and College within the Colony and Dominion of 
y^g^) and that in cafe of Refuiall or non-payment of the said Subfcrip- 
tion or Donation, or any part thereof by any p'fon or p'sons whatsoever, 
the laid fFrancis Nicholson and the reft of the Truftees and founders 
aforexxiencon'd, or the major part of them, or of the Longest Livers or 
the H^oogest Liver of them, and his or their heirs shall be and are hereby 
^^^l^red and from henceforward shall be taken and Deemed to be apt and 
Capable in Law to Sue, Implead and Profecute all and every such p'fon 
^^ T ^^^^ whatsoever, and to ufe all other Lawfull wayes and means to 
and for the recovery of all and every such Subfcription or Subfcriptions, 
Donation or Donations, and of every part and parcell thereof as fully 
and amply to all intents and purposes as if the faid obligacon had been 
expressly made payable to the Said ffrancis Nicholfon and the reft of the 
Tntftccs & founders aforementioned, or to y* major part of them, or the 
l^^eft Livers or Longeft Liver of them or their heir or heirs, to and 



* Thii iotnmeat is to ftdcd that it It Karcdy legible. The ** Act ** it no where else to be 
t<nttd| u4 bean no date $ bvt its probal»lc chronology correiponds with the eTentt of thU period, 
1698} Francis Nicholsoni Governor, the Queen dead, the King, William, still living, and the 
Tnittets of the College active in establishing the Sdhool. The Bill seems to have been sug- 
fc<te^ hf the Cooncil, bat whether the House of Bnrgcssct ever passed it^ cannot be determined« 






e^ CALENDAR OF STATE PAPERS. 



SuiTord Co. 



1698 for the ufes, interefts and purpofes aforefd, and after the receipt of any of 
y^ said Subscriptions or Donations, either by such Legall process or by 
Voluntary payment of any p'fon or p'fons, the said Truftees & founders as 
aforesaid, are hereby fully Impowe*d to Acquit, Exonerate and Discharge 
all and every such p'fon or p'fons whatfoever of and from the said pay- 
ment or pay"'" and every 

that all and every part and parcell of the said Subfcriptions or Dona- 
tions 

p'fent Act or any part thereof. And be it further Enacted, &c., that the 
heirs. Ex''*, and Adm" of any p'son or p'fons, deed, who hath made any 

of the Said Subfcriptions or Donations, fhall be and are hereby 

and intended to be held and obliged to the payment thereof as 

and firmly as any other pTon or p'fons whatfoever . 

1699 Virginia, Set. 

March aSth Gentlemen, It being for his Maj'^* espetiall Service, that Indian, 

commonly known by the name of the Emperour of Pifcattoway, who, 

about two years agoe, fled from his Maj''^* province of Maryland, with 

Gov. Nichol- his nation of Indians, the Pifcattoways or Arcfaitekos should, with some 

sontothepco- ^f j^jg gj^^^Lt men, (vulgarly so called) meet me in a General Affembly of 

m\cgard to the ^^is his Maj'^^' most ancient and great Colony and Dominion of Virginia, 

Pitcataway In- which (God willing) is designed to sitt at James City the 27"* of Aprill 

dians, &c. next. These are, therefore, in his Maj'^' name, to will and require you 

to send one or more meflengers to the said Emperour, and comand him, 

in his Maj^^" name, that he and some of his great men make their per- 

sonall appearance before me in the General Afsembly the first day of 

Their place of May next, or a day or two before. The person or persons whom you 

abode and force send ought to be SO qualifyed that they may Keep an exact Journal of 

their Journey, and be able to give a just and full account of their 

proceedings therein, and what in them lyes, make observations, how 

far they are of the inhabitants, what sort of way it is ? what Kind 

of place they are seated on ? how to be come at i if they have any fFort 

or fforts ? of what nature ? and how situate i what number of Cabbins 

& Indians there are, especially Bowmen ? if any foreign Indians & what 

number of them ? how the Indians subfist, be in point of provisions, 

and what preparation they are making for them ? What trade they have 

& with whom ? And if they find any other thing that are proper to be 

taken notice of or enquired after they are to do them, and those whom 

you send are to acquaint all the Indians with their meflage, so that the 

Emperour and some of the Indians may not tell the other quite contrary 

things. 

Number of ran- I do also in his Maj*^' name. Command you to send an account by the 

gen employed Gentlemen who shall be chosen your Burgefles, how many officers and 

Rangers have been kept in your County ? What time they have served 

as such, and if they have been paid, or what is due to each officer and 

Ranger. This muft be under the hands of the said officer or officers & 

Rangers or Indians. I do likewife in bis Maj^^" name, order you to make 

publick enquiry within your County, whether all the Inhabitants thereof, 

or any part of them, are any wa} s fearful! or apprehensive of the said 

Emperour and His Indians doing any mischeif, &c., and if so, what way 



CALENDAR OF STATE PAPERS. 63 



tbcy propose to secure themselves and your (Frontiers. These last Ac- 1699 
COUNTS I would have Signed by Yourselves, all the Militia officers of your 
County i & at least by the principall Inhabitants thereof, and as many 
others as are willing to do so. Faile not to comply with these, my Com- 
mands, as you will anfwer the contrary at your perills. Given under 
my hand and Lesser Seal at armes the day and year above written. 

fF. N. 
For the Worshipfull his Maj**^» 
Juftices of the peace for Stafford 
County. 

May it Please yo"^ Excellency — April nth 

Wee, his Maj^^" Justices hereto subscribing, have the honou' of Reply of the 
yo' Excellency s Commands to us Directed under yo' Leffer Scale att jwticeiofStaf- 
Armcs, Dated the 28*^ of March last— and in obedience thereunto have ^^rd^county to 
\a the ffirst place, maid them pubUque, and purfuant thereunto, have this * ^'^K^ng 
day pitched upon two fubstantiall p'fons, Inhabitance of this County, to Ambusadors 
wift : M' Giles VandicastiUe and M' Burr Harrifon, to goe to the In- p^^auwa^ 
dian (called) Empe' of Pascattaway, to deliver to him, and such as are 
Vcrgarly (vulgarly) called his great men, yo^ Excellency s Comands. 
We hope and believe they are men of that carracter yo^® Excellency 
was pleafed to advife and Comand, and in order to their full directtion, 
we have delivered them a Coppie of yo™ Excellency's precept to us, 
which is A Direction nott onely sufficient, but infinitly beyond whatt 
wee can give ; their Difpatch is given, and we hope theire retourne will 
be speedy, which as foone as comes to us, fhall be Dutifully Dispatched 
to youre Excellency. 

As to ye pay due to ye Rangers and their Officers, we find to be Rangers 
thirteene mounth in arreage, and humble refer yo^^ Excellency to the 
Comanders & soldiers or Rangers, respectively signeing according to 
yo" Excellency's directions and Comands. As to that part comunicable 
to the Inhabitants aboutt their apprehentions of the Indians, and their 
propofitions for theire fecurityes Is hereby prefented to yo™ Excel- 
lency, Inclosed under their hands, who are, in all obedience, &c. 

Yo'^ Excellency's most 

DuetyfuU servants, 

G. Mason, William Williams, 

M. Thompson, Jno. Washingtnn, 

Rich^ fFastaker, Robert Collsom, 
Philip Buckner. 

Stafford fs. 

In obedience to his Excellencys Comand and an order of this Corte, April 2i8t 
bearing date th^ 12^ day of this Instance, Aprill, We, The subfcribers, ^^^^^ 
have beene with the Empeuor of Pifcattaway, att his forte, and did then 
Comand him, in his Maj^'* name, to meet his Excellency in a Generall ^*P*>'* °^ ^^^ 
Affcmbly of this his Maj»*^most Ancient CoUoney and Dominion of J"ePi,«^^^^^ 
Virginia, the first of May next, or two or three dayes before, with fume 
of his great men. As soone as we had delivered his Excellency's Co- 
mands, the Emperor sumons all his Indians thatt was then at the forte — 
being in all about twenty men. After consultation of almost two oures. 



f 



64 CALENDAR OF STATE PAPERS. 



1699 they told us were very Buffey and could not poifibly come or goe downe, 

. .. butt if his Excellency would be pleased to come to him, fume of his 

great men should be glad to see him, and then his Ex^^^ might speake 

whatt he hath to say to him, & if his Excellency could nott come him- 

sealfe, then to send sume of his great men, ffor he defircd nothing butt 

. peace. 

They live on an Island in the middle of Potomack River, its aboutt a 
mib long or fumething Better, and aboute a quarter of a mile Wide in 
the Broaddis place. The forte (lands att y® upper End of the Island, 
butt nott quite ffinnifhed, & theire the Ifland is nott above two hundred 
and ffifty yards over ; the bankes are about 12 fFoot high, and very heard 
to afend. Just at y® lower end of the Ifland is a Lower Land, and Lit- 
tle or noe Bank ; against the upper End of the Ifland two small Ifland, 
the one on Marriland side, the other on this side, which is of about fore 
acres of Land, & within two hundred yards of the flFoorte, the other 
fmaller and fumthing nearer, both flirme land, & from the maine to the 
fForte is aboute foure hundred yards att Leaste — nott ffordable Excepe in 
a very dry time ; the fforte is about ffifty or fixty yardes fquare, and 
theire is Eighteene Cabbins in the iForte and nine Cabbins without the 
forte that we Could fee. As for Provitions they have Corne, they have 
Enuf and to spare. We faw noe straing Indians, but the Empero"" sayes 
that the Geneksrs Lives with them when they att home ; alfo addes that 
he had maid peace with all y® Indians Except the fFrench Indians \ and 
now the (French have a minde to Lye ftilJ themfelves ; they have hired 
theire Indians to doe mischief. The Diftance from the inhahitance is 
about seventy miles, as we conceave by our Journeys. The 16^^ of this 
Instance Aprill, wefett out from the Inhabitance, and (Found a good Track 
(For five miles, all the rest of the daye's Jorney very Grubby and hilly. 
Except sum fmall patches, butt very well for horse, tho nott good, for 
cartes, and butt one Runn of any danger in a flFrish, and then very bad ; 
that night lay att the sugar land, which Judge to be (Forty miles. The 
17*^^ day we sett y® River by a small Compa&e, and found itt lay up N. 
W. B. N., and afterwards fett itt (Foure times, and alwayes (round itt 
neere the same Corse. We generally kept about one mile (From the 
River, and a bout seven or Eight miles above the sugar land, we came 
to a broad Branch of a bout fifty or sixty yards wide, a ftill or fmall 
streeme, itt tooke oure horses up to the Belleys, very good going in and 
out ; about six miles (Farther came to another greate branch of about 
sixty or feventy yeards wide, with a ftrong ftreeme, making ffall with large 
stones that caused oure horfes fume times to be up to theire Bellyes, 
and fume times nott above their Knees ; Soe we Conceave if a (Freish, 
then nott flFordable, thence in a small Track to a smaller Runn, a bout 
six miles, Indeferent very, and soe held on till we came within six or 
feven miles of the forte or Island, and then very Grubby, and greate 
stones Itanding Above the ground Like heavy cocks — they hold for three 
or flFoure miles ; and then shorte Ridgges with small Runns, untill we 
came to y® torte or Island. As for the number of Indeens, there was 
att the ffbte about twenty men & aboute twenty women and aboutt 
Thirty Children, & we mett fore. We understand theire is in the In- 
habitance a bout fixteene. They informed us there was fume outt a 
hunting, butt we Judge by theire Cabbins theire cannot be above Eighty 



V 



CALENDAR OF STATE PAPERS. 6S 



or ninety bowmen in all. This is all we Can Reporte, who subscribes 169^ 
ourefelves 

Yo' Ex"'^ Most Dutiful! Servants, 

GILES VANDERASTEAL, 
BUR HARISON. 

Complaints of Severall Indians to His Excellency — April 29th 

The Occahanock Indians reprefent to his Excellency that they, of complaints of 
their great Kindness to the Englifh, gave them leave. to seat upon their Occahannock 
lands, which, by the Articles of Peace, were referred for their own prope' ''*^**°* 
life, that accordingly the English have felted upon all the Lands which 
were referved to the Indians by the Articles of Peace ; that the English 
being so seated upon the (aid Lands, will not give the Indians Liberty to 
come upon those lands, either to Hunt or flfli, which are their only means 
of living. 

And the Indians not having any lands of their own, this unkind and 
unjuft ufage of them by the Englifh hath reduced them to very great 
poverty & necessity, therefore they pray His Excellency to give such 
Direccon for their RedreflT herein, as to him shall feem Convenient. 

May 2d, 1699. 

The Nanfemond Indians reprefent to His Excellency that they are Naniemondt 

informed the English intend to take up land and seat upon a place 

-called then old Town, (which lyes between the black-water and Notto- 
way Rivers,) this they fear may caufe some Differences to arise between 
the Englifh and them, by reason that by their hunting and shooting they 
may affright the Englishmen's Stocks in thofe places ; and therefore pray 
kis Excellency that He will be pleafed to consider thereof, and give fuch 
Direccon therein as he shall thinke Proper. 

The Nottoway Indians reprefent to His Excellency that the Tufkaru- May 2d 
roe Indians (being incouraged thereto) do often come into the upper Nottowayi ts. 
partes of the Countrey, about Appamattox, amongst the Englifh, who Toicarom 
furnish them with Gunns and Powder & shott, which enables them to 
Bunt upon and burn up all their grounds, whereby their game is De- , 

ftroyed and their hunting spoyled. That the English truft the Tufkaru- 
roes in trade with Rum & other goods which they bring out amongst the 
Nottowayes, and fometimes fet into Play, and lose all or great parte of 
those goods, and not being atble to make satisfaccon to the English, they 
tell them the Nottoways take their goods from them, which occafions 
Differences and difiatisfaccons between the English and the Nottoways. 
They pray that His Excellency will be pleafed to confider of thefe things 
and give such direccon therein as he shall thinke fit. And to prevent 
any new Occafions of Difference with the English, they Desire that 
their lands may be afcertained by bounds, and that no English may be 
permitted to feat within those bounds. 

Whereupon His Excellency directs them to consider with themfelves 
what bounds they Desire may be fett them, and when they have agreed, 
-citlief to come and acquaint him themfelves, or to let their Interpreter 
know their Diefires, that be may wait upon His Excellency and acquaint 
birtf thferewitb. 

Cop* Test. B. HARRISON, 

9 



66 CALENDAR OF STATE PAPERS. 



1699 By the House of Burgefles : 

^^ . May it please yo' Hono" : 

^ It is not a little difsatisfaction to this house to find, (both in his Ex- 

gettet to the ~ cellency's and yo' answer to the addrefse for calling in the Proclamacon 
Governor that Repeals the Repealing law, and reestablishias that concerning At* 
torneys,) That yo*" Hono" have so much mistaken ye intention of this 
house, whofe defign was, when that Addresse was delivered to yo*^ Hono'*^ 
That if yo' Hono" should not think fitt to joyn with us in the same, that 
you would please to returne that, together with yo' Answer to the Houfc 
thereon^ And to that end, the members which were appointed to wait 
upon yo"^ Hono" with the same, were fent ; That the said addreiFe might 
be presented from yo' Hono" to his Excellency, k not from his Excel- 
lency to yo*" Hono", as we find it hath been done — what now remains 
Is, That we beseech yo' Hono" to look upon the mistake as it is, & to 
joyn with us, in our humble addrefse, or cause it to be returned to the 
Houfe again, which would not have been sent to his Excellency but by 
yo' Hono" advice, consent & concurrence. 

By Order of y* House. 

PRANCIS PAGE, Clk. of y« Houfse 

of BurgefFes. 

By the Houfe of Burgesses — 

May nth In Reply to your Hono**^" Anfwer to the MefTage of this House, Re- 

Propoted con- q^^sting your Concurrence in an Addrefe to his Excellency's laying open 
ference with Sundry grievances of this Country, This House Doth humbly ofFer, that 
members of although it bee contrary to the priveledge & practice of this Houfe, w**^ is 
contw"""* the Grand Inquest of the Country, to Intimate the Greivances thereof^ 
cuitom, Ac. otherwisse then by Address or Bill for Redress of the same Ready p'pard 
to that purpose ; Yet this Houfe are so earneftly defirous of all means 
that may bee imagined proper to the obtaining the end aimed at, the 
Easeing this poor Country of its p'fsures, that they are cheerfully willing 
to waive, both Cuflome & priveledge, (Provided the same may not be- 
drawn into p'sident for y* future,) that they Doe Humbly propos® (for a 
Bight Underftanding) a free Conferrence of some Members of this- 
House to meet k Conferr w^** Such & so many of y* Hono**** Councill^ 
& at such tyme k place as yo' Hono" shall appoint, who shall bring w^ 
them the greivances of the Severall & Respective Counties, in writings 
relateing to that Meflage for yo*" Hono"* p^fall, as alsoe satisfie your 
Hono" in a^ other poynt or question that may bee Requifite to your 
satisfaccon and applicable to the state of such Conferrence. To the end' 
yo' Hono** (as Expected) may Readily joyn with this House as Re- 
quested. 

By Comand of y® Houfe. 

FRANCIS PAGE, Clk. of y* House 

of Bui^geiTes. 

June ft4 To the proceedings of yo*^ Ex*^ in Council, Concerning the ffortifi- 

Home of Bor- cacons, &c,, we are of opinion y^ the Severall fortificacons in this, his 
genet in regard Maj^®' Colony and Dominion are at this time much decayed and veny 
to defence of Ruinous, and in the Condicon, they are now of Little ufe to the Coun- 
c country ^^^ ^^^ j^ ^^ ^^^ agree w"* the advice of the Council y* at present the 



N 



CALENDAR OF STATE PAPERS, 67 



Country be at no farther charge about them, and y^ the best and safest 1699 
way to secure the Powder is to Diftribute it into the Sev^* Counties, 
Aurhere it will be in a readiness for the Service of the militia in the defence 
of the Country, and y^ the most p'per way to Suppress any Infurrection 
in the Country is by the Militia, and in case of any Danger of an Enemy 
by water, the most proper means for the defence of the Country would 
ibe by a naval force, but y^ the Charge in maintaining such would be al- 
together insuportable to y* Country. 

A JOURNALL OF OUR PROCEEDING. NovV 3d 

In Obedience to Command, we, the Subfcribers, Sett oute of the In- Joumil of 
•habitance towards the Indian fforte, and that night we lay at the Sugger ^"tJ^'^f*^ 
land. On the (Fourth day about two o'clock, we gott to the River side smioghan, teat 
oppisett to the fFort, & theire hollerd & Immediately they anfwered ; they to the Emperor 
sem'd to us to be in a great fFright ; At laft one of the great men & one ?^( *•>« 
Siniker (Seneca) came over to us ; they asked if they was noe more of '*"**^*y* 
US ; wee told them noe ; wee asked them for a Canoe ; they told us they 
had none, soe wee Ventred to Ride into the Island, and passed over very 
well ; the Emperor and his Indians rece'ved us very Kindly, & carred 
us into the fFort ; there is of them about Thirty men ; their fFort is 
-slender : they pretended to be in great fFeare of Strange Indians ; Wee 
asked them what Indians ; they told us Wittowees ; wee asked them if 
they had scene any latly, & they told us some of their Women had scene 
Tenn ; that Kild one of theire Indians and * * another's 

bead : Wee asked the Emperor if any of his Indians had beene any 
great march this summer; he told us noe; only he himselfe & some of 
liis men had beene oute towards the great Mountains twice to see for the 
Strange Indians, but could not see any of them ; he told us the Susca- 
hannes had taken two of them k, brought them to his fFort ; he asked 
what nation they weare, and they told him Wictowees ; he told us his 
men had beene out, and met with two of them & Kild one of them, cut 
ofFe his head & brought it to him ; We asked him if he was not afraid 
to live theire ; he told us yes, but could not helpe it ; he said he could 
willing come to live amonst the English againe, but that he was afeard 
<he ftrange Indians would follow them and doe mischef amongst the 
English, and he should be blamed for it, soe he muft content himselfe to 
live theire ; for he says it is the ffrench that setts them to worke. And 
bids them if they meete with a hogg. Kill him ; if a Dog, Kill him ; if 
an Indian, Kill him; if a Englifliman, Kill him ; soe he says that if he 
lives ever so farr he must be contented. He presents his services to the 
Gove", and thanks him for his Kindness to send up men to see him to 
know how he did ; soe wee stayd aboute three houres and looked over 
the river, and came about six miles and lay theire that night. On the 
fifth of this Inftant we came to the head of Great Hunting Creeke, k 
lay theire that night ; and on the sixth of this Instant, wee came to M' 
Hawley's, ft theire wee mett with Capt' CoUfon Exercifeing his men. 
This is the true state of the afaire taken by us. 

DAVID STRAUGHAN, 
To his Exceliy, GILES TILLTET. 

ffran* Nicholson, Esq% 
&c., &c., &c. 



:// 



6^ CALENDAR OF STATE PAPERS. 



1699 StaiFord Court, Nov^ y* 9—99. 

Nov'r 9th ^*y *' P*^*^^ y^^ Eecellency— 

Suffbrdco ^'" ^^ Obedience to your Excellency's Commands in Councell, I 

sent two men to the fibrt on Potomack, where the Emperer and his In* 
dians are seated, with order to make the best Inquirey they could, and 
accordingly they have made Report under their hands, as your Excel- 
lency will heare when Receved. I have nott els to add, but Begg leave 
to subscribe, as in Duty I am, 

S', your Excellency's most 

humble servant, 

G. MASON. 



Nvmber of List of Tobacco Tenders " Between the South side of Potomack and 

K\Sicc"o. y* L^w^'. En^ ^^ Overwarton p'ish : " 

and nvmber of 157 ^ithables & 684,699 plants. 

piancs Charles Payton ^ 

and > Counters. 

Joshua Davis, J 
Copy Test : 

GEO. MASON, CI. Cot. 

List of the Tithables allow'd to Tend Tobacco, and quantity of plants- 
in the ^^ precincte Between Aquia & Quantico, (viz :) 
317 Tithables & 1,123,564 plants. 

Henry ffilkin, 
Henry Young, 

Copy Test ; 

GEO. MASON, CI. Cot. 



£. S P. 



1700 His Maj** revenue is D' : 

Feb*y i ith 

Price of articles ^^ *" Expreff to Kiquotan, 

at this date To an Express to y* Hon^^® Rob^ Carter, Esq', 

To I brafs furnisht box, 

to I brass hearth and furniture, 

to I pr. brass bellows, 

to I fire shovel & tongs, 

to 2 brass candlesticks, 

to an Expreff to ye Hon^^® W" Byrd, Esq', 

CO 26 pounds of Mirtle-wax, 

to 2 pound of cotton week, 

Virginia, fs. 

To his Excellency, ffirancis Nicholson, Esq', his Maj^«* 
Lieut and Governor,* General, 4c., &c., the Hon^**^ Coun- 
cell of State, & the Right Worship" M' Speaker & Gen- 
tlemen of the House of Burgeffes : 

George Norseworthy 

Most humbly shewth — 

Asking pay for That whcreas, the petition' haveing in the month of May^ 

arrestittg pirates j^ ^j^^ y^j. j^^^^ received a Packquett from his Excellency, Directed to 



00 


IS 


GO' 


I 


GG 


GO- 


GO 


OS 


g6 


02 


18 


03 


CO 


g8 


GO" 


GO 


g6 


06 


GO 


04 


GO 


OG 


IG 


GO 


GI 


g6 


GO 


00 


05 


GO 



\ 



CALENDAR OF STATE PAPERS. 69 



Henderson Walker, Esq% Deputy Govern' of North Carolina, with or- 1700 
ders likewife to press man & horfe for dispatch of the said Packquett, 
being for the apprehending of the three Pirates that made their Escape 
out of Princes Anne Prifon, whereupon the petition', with great dispatch, 
sent a man & horse to the said Deputy Gove°% and .brought an answer 
of the receipt of thofe Letters sent, for which the petition' hath paid and 
disbursed out of his own Pockquett the sume at leaft three pounds ster- 
ling, and the petition' Humbly conceives that all persons who were at 
any charge in the apprehending of the said Pirates, was paid and satis- 
fied out of Impositions laid upon Liquors, therefore the pe^ humbly 
prays an allowance of this Hono^^® Generall Aflembly accordingly, &c., 
&c., &e. 

May it ylease yo' Exce^^^r : ^^^^ ^^^ 

* I got my Letters ready to send yo' Exce"^ on Munday Early, but ^^ ^ . 
on Sunday, Late m y* night, came a roalt to give an acc^ of a Murder 
Don in thefe parts, soe hindered my then desire. Account of 

Si': On Sunday y* 16% about 3 of y* clock in y* afternoon came JJ^a'aMi/ 
about 20 or 30 Indians to Thomas Barton, about 20 miles above my Staflbrd co. 
house. The man & his wife & brother being Abroad, & left his 3 
Children & an Orphant Boy at home, & had gott a man & his wife & 3 
Children from a Plantation of mine, about 2 miles from him, to stay to 
look after his houfe untell they came home. The Indians fell on them 
k Killed Barton's 3 Children, ye man & his wife & his 3 Children. 
The Orphant Boy Run Away, he being out at Play, blessed be God, 
Gott to a nabor's houfe & is safe. They Killed them w^^ arrowes ft 
Wooden Tommahawkes ; they skinned ail their heades, cutt of y® man 
& woman Private parts, Cutt 2 of ye children under Jawys, Plundered 
all ye House, & carryed Every thing away ; Killed a Mare of v® man's 
that was tied at y® Dore. Wee took up About ye house & pulled out 
of y* people & ye mare, 69 Arrows. They left uggly wooden Tomhks 
5. On y® news, I went Imediately w'** a small p'sell of men & buryed 
ye poore people. 

This murder was y* Horrableft that ever was in Stafford, and I thanke 
God wee have not had the leaft harme on this side of Ocoquan since I 
have been in the fFreftics, (marches) k have kept ye people bravely on 
their Plantations, but God Knows what I shall Doe now, for this has 
almoft fFrighted our people out of their Lives & Interefts, & befiides, y* 
Emp' & his Indians being still out, w^ did as surely Done ye murder as 
Gods In heaven. The man himself comeing home, called at a mill & 
tooke a Bagg of meale w^ him, & about 400 yards from his houfe, about 
20 Indians, as he Guefses, started up & immediately had him in a halfe 
moone ; he well mounted, putt on Indeavoring for his houfe, but he being 
Loaded, they had Like to have Gott him, but w^^ great Difficulty gott 
his b^gof, & brooke through ye woods & gott safe to a neighbors house. 
I am of opinion they had Done all y® murder before, for undoutedly they 
would have Killed him but had noe armes, for he saith they never fired 
naither shott nor arrow, neither had they any Lodges with them, but 
naked. Soe I am of opinion that they had another party besides. If 
they had had arrows, they would have Killed him, for their Arrows was 



* Handsome Private Seal in wax. 



f 

/ 



no 



CALENDAR OF STATE PAPERS. 



1700 



July 3d 
Kanjemy 



July lOth 

Sufford C. H. 

Petition for 
protection 
Against the 
Indians 



of great fforfe, for they have made holes in y* Roof of ye Houfe as bigg 
as Swann Shott, and beleives there was at leaft 40, by their severall great 
Tracks, & am of opinion that great part of them is gon to Maryland & 

y* Rest back 

S*^: I have Raifed 12 men, & have sent every way to search our 
fFrontears & back fForrift Plantations, & Intend, God willing, to Keep 
Constantly moveing myself w"* them untill have your Exce**^* Com- 
mands, then truft in God shall be able to give our people better sattisfac- 
tion then at p'sent can, for I am afraide that wee shall have a bad sum- 
mer, but if pleafe God can but keep them upon their plantations, it will 
be sume DiAncouragement to y* Enemy, but those 2 are deferted for this 
yeare. I Doe not Doute y*" Exce"^' Christian care for ye good of his 
Maj'^''* Subjects, for w^^out Immediate care I shall have but few planta- 
tions in Stafford. Nott to ad, butt my Hum*** Scrviffto yo' Exce"^, 
conclude, as In duety, I am 

Yo'*-* Exce*^* 

Moft Hum^*« SevS 

G. MASON. 

Report of an Interview with the Emperor of the Piscataways, in 
which his replies to certain proposals are given, looking to a peaceable 
settlement of affairs. He speaks in English as well as in the Indian 
tongue, and exhibits considerable dignity and intelligence ; Insists his 
people did not commit the late murder and depredations, but suspects the 
Towittowees ; Consents to remove his family and property from his 
'* fort '* down to Maryland, opposite lower Stafford County, as earnest of 
his good intentions. This report is made by 

Phill. Haskins and 
W" Dent, who had been sent 
to negotiate with the Emperor. 

To his Exce"y Francis Nicholson, Esq', his Maj^-'^* Left. Gov' Gen^ of 
this his Maj^*^* Antient Collony & Dominion of Va., &c.: 

The Humble petition of We, his Maj"*' officers, both civil & mili- 
tary, for ourfelves & on y® behalfe of y® Inhabitants & fFrontears of 
Stafford County — 

Most humbly sheweth, that it hath pleafed God of late, there has been 
a moft Horrable Murder Committed on some of his Maj"®* poore sub- 
jects in ye uppermoft parts of ye sd County, & ye Inhabitants being 
under Dayley fFears of ffarther Mischeife Done by y** Indian Enemy, 
Doe most Humbly begg y, Exce"^ & Hono^^® Councill that you would 
be pleafed to continue some forfe to Range & Scoute on y*' fFronteares of 
this County, by w^** meanes y' Exce**^' petitioners may be y® more capa- 
ble Defending their Lives & Fortunes. This, w^^ our prayers to Al- 
mighty for yo' Exce"-^' & Hono^*®* health & profperity, wee humbly begg 
Liberty, to stile, as in Duty, wee are 

Yo' Exce"y» most humble Ser^ 



William Williams, 
Jno. Washington, 
Pat. Sumner, 
Edward Short, 



Chas. Ellis, 
Rob* Collfon, 
Geo. Anderson, 
Tho* Harrifon, 



G. Mafon, 
Rice Hooe, 



J 



CALENDAR OF STATE PAPERS, fX 



Will. Fitzhugh, Jn% John Colclough, Robert Alexander, 1700 

Ric^ ffaftaker, John West, Mathew Thompson. 

May it Pleafe y' Exce"^ : July lodi 

Yo' Exce"'* Commands from Coll. ffitzhue have Rec**, & shall be staflbrd c. H. 
Carefully observed. Y* Rangers Continue their Duty according to yo' „ ^ 
Exce"^' Commands, & I have, upon y® Request of ye fFrontears, plafed biithed to guard 
6 men & Ensigne Giles Vandecaftiall officer to Range upon y® heads of the rrontien, 
y^ River \ that is I have Raised them from Giles Vandicasteall's house ^^- 
Up to ye upermoft Plantation. They neighbours haveing ffitted out 
their sons & other young men well acquaynt, soe their Ranging is as low 
as my Plantation at Pohick, soe round all y® necks, up to y^ uppermoft 
Inhabitants, soe down upon ye back Plantations; And Cornet Burr 
Harrison, from Ocaquan Downe to Potomack Creeke w^ 2 oiEcers & 
men, Doth give good Content. They Range each party 4 days a week, 
w** is as hard duty as can be p'formed ; w^ sd. officers is y® best to Con- 
tent in our upper parts. If yo*^ Exce^^ think fttt soe they may act, as 
they are Corrnett & Ensigne of y® Melitia, but Leave it to yo"^ Exce"^ 
Confideration, ♦*****♦ 

/e Inhabitans still Continue from their houfes, but abundance better 
^ttisfied since part of y* Rang" is conftantly Ranging among them. Si% I 
«iid it will be of great Deservis to our County buifinets to have Capt Hooe 
*>ut of the Commition, moft humbly begg leave to conclude. Sir, yo' 
Eafce"y moft humble Ser^S 

G. MASON. 

'S^ ffl Present — His Excellency in Councill: July loth 

Action taken in reference to the depredations of the Indians in Staf- J*"** ^*^ 
ford County ; upon reading the Governor's Meflage, Lieut. Coll. Geo. Order for 
Mafon made '' Commander in Cheife " of the Militia, and it was ordered "ogew 
that he doe take and Raife out of the Lower parts of the afore** County 
twelve good and able (Freemen, who are no wayes Incumbered w*** the 
^^^ of" a flamilly, well armed and acquipt, and shall apoint and set over 
then tr^i^o dtfcreet and Judicious officers of Good Courage & Conduct, 
who ax-e very well acquaint* w*^ the grounds, &c. , &c. 

M' Barth. iFowler is D*": juiy i6tb 

Mair y« gth^ j„ going to Madam Parkes and Capt. Ma- acc'Vcwant 

the^^^s 00 06 00 



01 00 00 



\ut>^ ^3d. In going with an Express for Coll. Harrison 

^ Coll. Bird, & Coll. Hill, & y* high Sheriffe of Charles 
City^ 

July ye ii">. In goeing with an Express to King & 

Queen County Court, 00 15 00 

July ye 16***. In goeing to Coll. Carews, 00 08 00 

Errours Excepted p* me. £ 02 09 00 



WILLIAM HARRISON. 



7/ 

/ 



7» 



CALENDAR OF STATE PAPERS. 



fioondt 
Martin 
4re4 Puiih 



1700 In perfuanc® off an order of Court, bearing date the seavent day of 

g , . August, 1700, to us, ye Vestry of Martin's Hundred P'ifli, in w\ 
Amonge other things,, wee are to give an acount of y* bounds of above 
'•***» *H ^* p'iflih, w** is as ffoUoweth, viz : Beginning at y® mouth of y* mouth 
^" * °"' of K * • * • Creeke, and so up y* maine branch of y® s" Creekc, 
until it come' at York R Road, neare John Eatons, and fFrom thence 
alonge y* Cart Roade until it comes * • • • beyonde y*^ ffrench 
ordinery, neare The" Quarles' Plantation, and fFrom y* s** Plantation to 
y® mouth of Wearum's run, and from thence down y® River to y* mouth 
of ye Creeke, where it beegan. Ytt is alfoe ordered by y® afores* order 
of Court, that wee should returne a lift of every individfuall tithable in 
this p'sent yeare, which is already Returned under the hand of Thomas 
MountfFoart, and as (For our List of tithables in the year 1699, wee wear 
in all, 91 w^ pay to publicke, and butt 90 to y^ parim, by Reason Roger 
Kirbie being Clark Thereof ; and as for Gleabe or Gleabes, wee have 
none, nor other gifts for any pius use, only one silver bowle for a 
Comunion Cup, being given to Church by one John Banbury, as allsoe 
a silver bafon, given for y® ufe of the p'ish to Criften Children in, ft 
given by M*" Thadeus Sumner, Snr.; and wee are alio ordered to give an 
acc^ w^ we * • * • * * which was 74, and was paid as fol- 
lo^^th : 



Chorch 
j»roperty 



To M"^ ffaarer, Minifter, 

to Roger Kirbie, Clark, 

to Rob* Perkins for y® poore woman, 

to M' Weed, for * * * Hugh's Boy, 

to Tho* MountfFoart, upon account, 

to Caske, 



Cred\ 
By Alexander Lewellin, 



4000 S>s.( 
800 
600 


Tobacco 


•) 


500 
546 

390 






6836 






236 







6600 



60. 



Oct*r 16th 

Wm. fc Kfary 
CoUege 

Order in Coun- 
cil requiring 
Lt, Col. Geo. 
Maton to 
defend SuiTord 
county &c 



Due to p'ifh from one of y® Church Wardens, 

Vera copia by mee, ROGER KIRBIE, 

Pish Clark. 

At a Court held for James City County the 7*** day of September^ 
1700, 

The above written was according to order given into Court as the 
Returne of the Veftry of Martin's Hundred parish. 

Test : 

C. C. THACFCER, Clk. Cort. 

Virg* fF. — At a Councill held at his Maj"®'* Royal Colege of Wilttam 
& Mary, 26"* October, 1700, &c.. Present : The Hono^** Councill. 

Whereas, Several Murthers have been lately p'pretrated and Comitted 
upon several of his Maj**®" subjects, Inhabitants of StafFord County, by 
Certain Unknown Indians ; and Whereas, for the Better Safety & se- 
curity of his Maj"" Subjects in those parts, Lieut. Coll. Geo. Mafbn, 
Comand*^ of the Militia of the afores** County of StafFord, hath been 
Imoowere^ & authorized by several former orders of Councill, to Keep 



CALENDAR OF STATE PAPERS. 7S 




1700 

if 

authorized and Required, to continue the same Rangers as heretofore, 
nni'ill the next Scsllon of the Gcn'^ AHembly of this Colony, at w'' 
tmic tlic Conlidcracon thereof shall be proposed to the Gcn'^ Abscinbly 

ihQn Settinir. 

DIONISIUS WRIGHT. 

Cc:>Ilc:d^e of ) By the House of Burgeilcs : 

Will"-^^-^ *.tMary.j * Tuesday, December 17% 17CO. DccV lythr 

x\ r ^ 1 Removal of 

Kclo 1 V ed, government 

T^lirxt the Records of this Govern"*, which stil remaine at James City, I!f.°[.*^' ^\ 
be, -v^-'ith all Convenient Expedition, removed from thence to the place 
Appointed for Keeping the Secretary's office in his Maj^"'^ Royal Col- 

ledgro of William and iMarv, Adjacent to the City of Williams- 

burs^h^ according to the petition of Edm'* Jennings, Esq"", Dcp'>" b'ec^, 
made to his Exce"^' and the hon^*'" Council in that refpect. 

Refolded, 

That the Records and papers belonging to this house and now lodged 
at James City, be, with all Convenient Expedition, removed from thence 
and placed in the Chamber appointed for the Clerk of this houfe in his 
Mar ^^^-^ JRoyal Colledgc of W"' k Mary, adjacent to the city of W^"burgh. 

Ordered, 

T"hat a Jleflage be sent to y'" Council! to defnc their Concurrence to 
the Reiolves of this house, touching the removal or the Records belong- 
ing to the Secretary's office and to this houfe. 

Test: W-^^ RANDOLPH, 

Clk. H. of Burgefles. 

^^ Hedge of ) Wed. Dec. I h''', 1700. DecV i8:h 

\J!* ^ ^lary. / The Governor 

^^^ 'Ex-' & his Mai^'" hon^ ^' Council! concurr w^^^ y^ houfe of Bureeffes ^"^ ^°""^" . 

, ^ a , i-j , •' -' ° concur therein 

\NN "above Resolves. 

^ D. W., CI. G. C. 

Virginia (T. 

To His Excellency, Francis Nicholson, Esq"*, etc., and to his Maj^-'''' ^ec'r 23d 
Honorable Councill of State : 

Benjamin Harrison 
Humbly Sheweth, 

That he being by an Act of the last afsembly, appointed an Affistant Benj. Harrison^ 
in the Revisall of the Laws, hath accordino^ly had certain allowances J*"- ^^^ allow- 
made him (in the booke of Claims, by the Houfe of Bure;ellcs now set- f""' *". . c 

V ' } . . ^ . . late revision o* 

ting,) for his attendance on that service ; but upon inquiry he is informed the laws, &c. 
that no allowance is made to him for e:oino; to or com i no; from Tames 
^ity, as is allowed the members of the Committee, altho his trouble and 
charge v^^as the same wnth many of thcires, and confequently (as he con- 
ceives) the reafon is the same for his being paid. 

10 



74 



CALENDAR OF STATE PAPERS. 



1700 He humbly presumes that this differing his allowance from the reft, 

may proceed either from inadvertency or mifinformation, and not from 
any design prejudice to him ; but for as much as it is now too late to 
addreff the House of Burgeffes in this behalfe — Therefore he humbly 
prays that your Excellency and Honours will please to let him be heard 
concerning the premifes before the booke of Claims be agreed to, and 
that such directons may be given therein as shall be thought convenient. 

B. HARRISON, Jn«. 



Dec*r 24th 
Williamsburg 



Colledge 
W°* & Mary, 



{ 



Report on the ^^^ Corbin, from the Comittee, appointed forreceeving, inspecting 
TreaBurer*t Examining M*^ Treas" Accounts of the Imposicons arifeing upon Liqu 



By the Houfe of Burgesses — 

Tuesday, X^*", (December) the 24% 1700. 

and 

Liquors, 

accounti, &c. Servants and Slaves, reported that they had done the same, &c. 

And the said Comittee having made report that Coll. W°^ Wilfon in 
his laft acc^^ of the Impofition upon Liquors, mencons thirteen pipes and 
half of wine, w*^ was imported and carry ed out again without payment of 
the duty for the same. 

Refolved, That it is the opinion of the Houfe that the Importers of 
the said wine ought to bee profecuted at the Comon Law, and that it is 
the* duty of the Attorney Gen^ to take care thereof. 
Ordered, 

That the Clerk of this Houfe give a copy of this Refolve to his Ma- 
jistie's att° Gen^. 

Test: WM RANDOLPH, 

CI. n. of Burgeffes. 



1701 

March 8th 



His Excellency is Dr. 

To Carrying a Letter for his Maj"®* Especiall service to Hamp- 
ton Town for Capt. W" Paffenger, s. 

IS- 
JOHN YOUNG. 

Expresses and * Two orders from the Governor, for Expresses, with power to im- 
Seal preff, &c., to Coll. Wm. Byrds, and to "ys Hon^^° Coll« John Light- 
foot," upon his Majes^'** Speciall Service, to John Bentley and Corne- 
lius , respectively. 



April lid 
Carioos bill 



His Maj"^- Revenue Dr. 

jC. s. d. 
t To M*" Bentley for his Cart, &c., to remove y® six gunns 

from ye Capitoll to where they are placed, 080. 

To eight bottles of bear I gave ye men w*^** afsisted me in 

y® removall, 050. 



* Signed flrs. Nicholson, and bearing distinct impressions of the Colonial Seal, naotto-pEa 
dat Quintam, &€., with accounts of expenses enclosed. 

f King Williim had died more than one month before this date, and it is therefore more 
than probable the public authorities in the Colony having received information of the fact, had 
on the 1 2th of April celebrated funeral obsequies to his memory the same day his remains were 
deposited in West Minster Abbey. 



CALENDAR OF STATE PAPERS. 75 



^o M.^ Bcntlcy for his Cart, &c., to fetch powder, &c., 1701 

/ronn James Town, 080. 

^o c Icven botles of bear I gave ye men w"^^ affisted in 

ifr-ciJng, 170. 

To X^obert Bignall who assisted at Town & here in make- 
in^ C^artridges, cutting flagg Staffs, &c., 050. 

I 13 o. 

Att c I3 ^ Court of Claimes, &c. — Present, His Majesties Justices. Aug. id 

Sls vb <:9ry accounts presented for carrying prisoner to Jamestown, ^* to a 
Jourx-^^^ from Stafford to Jamestown, being 14 days. 
!"<:> ^ Jour'y to Chotank, 5 days. 
!*<:> ^ Jorney^from Stafford to Jamestown, 10 days, &c. 



B-^I^ort of a Committee to settle claims for Lands on the Black Water Aug. a3d 
g^Kxrm Y^^ and to consider a petition from the Pamunkey Indians, &c. 
^f b^ ^^ ouncill defired a free conference with the House of BurgefTes to 
jct^*^ fi-ualiy these matters. 



IS Majesties ships, ^^ Lincoln ^' and ^^ Shoreham," ordered to act as SeptV 17th 
^o^^^^ys to ships outward bound ; also laying an Embargo upon all out- 
^^ l>ound vessels, requiring them to sail under convoy. 

*- ^« Houfe of Burgesses declare " That this Country is not able to '«P^*' »9^ 
^y the charge of Engineers and fire masters, or the Materiells Suitable pire Shipi, &c. 
{ot fire works and fire ships." 

The businefT of the Hono^e Councill and the House of Burgesses OciV nt 

V)cmg finished, and the late addrefs of his Excellency " Cotaineing all 

ncccffary matter, &c., &c., and the Laws agreed upon bye his Maj'*** 

Hon^^' Councill, and themselves being now ready for his Exc^ to sign,'* 

^c instructs the Clerk of y*^ Gen" Afsembly to inform the House to this 

effect, ^^ so that an end may be putt to this SefEon." 

[Mem^ — M' Auditor ordered to pay unto Cap* John Walker,'of King 
& Queen, ten pounds, expended for taking up a criminal. 

Sir: The Queen having been pleased to constitute me one of Her 1702 
Principall Secretarys of State, It is necessary that I should inform you of j^^ . 
it, that for y* future you may direct to me such letters as relate to Her 
Majesty's Service ; and I desire you, from time to time, to acquaint me Whitehiii 
with such things as occur in your parts. Earl of Nor- 

And I am commanded to acquaint you that Her Majesty has declared nouncet the" 
War against France and Spaine, as you will see by the enclosed decla- dccUration of 
ration ; and to signify her Majesty's pleasur<^ to you, that you cause it to w*' '^«*' 
be proclamed in the rlaces under Your Government, that Her Subjects g""" *°* 
having this notice, may take care to prevent any mischief w^ otherwise 

* To protect commerce from piratical depredations. 



76 



CALENDAR OF STATE PAPERS. 



1702 



May 14th 

Court at St. 
James 

Mr, Lewis Bur- 
well allowed 
to retire from 
the Council 



May X4th 



May 15th 

Providing for 
the safety of 



they might sulTcr iVoni the Enemy, and do their duty in thc'r severall 
Stations to annoy the Subjects of France and Spa'ne. 

I must also acquaint you the Emperor and y'' States Gencrall of y® 
United Provinces, have also declared \Var ag.iinst France and Spaine. 

I am your most humble servant, 

NOTllNGHAM. 

(Copy.) At the Court at St. James, the 14^'^ day of ilav, 1702, 
Present : The Oueen's most Excellent Majesty in Council). 

Upon reading this d.iv at the Board a Representation from the Lords 
Comm'''* oi Trade and Plantations, dated ye 7'" Instant, setting forth 
that Lewis Burwcll, appointed to be one of the members of the Coun- 
cil! in Virginia, by reason of his age and Infirmity, has desired to be 
excused from Undertaking it, Her Majesty in Councill is pleased to 
order that th? said Lewis Burwcll be discharged from the said place of 
Councellor, and the Right Hon'''*- the Earl of Nottingham, her Majestys 
Principall Secretary of State is to prepare a Warrant for Her Majestys 
Royal Signature, requiring Coll. Nicholfon, Governor of Virginia, to 
discharge the said AP' Burwcll from the place of Councellor of Virginia 
accordingly. 

JOHN POVEY. 

(Memorandum) of Proceedings of the Gov. & Councill on the Em- 
bargo ; letter cencerning ships of war ordered to the Colony — sundry 
other letters of no importance. The Governor asks the opinion of the 
House of Burgesses upon the Embargo, &c., its effects upon Her Majes- 
ty's Interests, and expresses the "hope in God we shall all agreeln feme 
rules and orders to anfwcr the ends thereof," &c. 

By his Ex*"-^ & the hon''^'' Councel — 
M' Speaker & Gent'' of the 
House of Burgefles. 

Whereas, by an Act of Aflcmbly, made the 23*^ day of September, 
1667, it is provided that in time of war or danger apprehended, all ships 
and Vcfsells shall ride in such places as the Governor shall direct. And 



the safety of and Vcfsells shall ride in such places as the Governor shall direct. And 
veasels in time In regard, by all the advices lately re'* from England, it is expected that 
°^^"'?^ Lf^ ^ ^^"^ ^^^^ ^^''y speedily be declared, His Excelly and the hon^'^ Coun- 
fahe news, &c. ciU propofe to the Houfe of Burgeifes, and desire their opinion, whether 
it will not be convenient for preventing any Surprise from an Enemy, 
that all ships and veliels within this Dominion be ordered to ride at the 
following places, viz : all ships ^ veifells in the upper District of James 
River, to ride above Sandy Point, and in the Lower Diftrict of Ja. River, 
in Elizabeth River above the Town ; in Nansemond Kiver, above the 
place where the fFort was ; in Pagan Creek, as far as they can conve- 
niently go up the sd. Creek, and in Warwick River, above Sandy Point. 
The ships, &c , in York River, above King's Creek, and in the 
Rivers in Mopjock Bay, as high as they can conveniently go. 

In Rappahannock River, above the place where the fFort was; in 
Corrotomen River, or up Rappahannock River, as high as they can con- 
veniently go, and in Piankitank, as high as they can conveniently go. 
In Potomack River, in Yoacomaco & Lower iVIachotacks, as high as 
they can ride, and as high as Appamatux Creek, and on ye Eaftcrn 



CALENDAR OF STATE PAPERS. 'J7 



shore at ye ufual places as high as ihcy can conveniently go. And 1702 
whereas, by an Act of Assembly made the 25^^ day of September, 1672, 
it is provided that in time of war no person or persons shall go on board 
any ship or vefsell coming into this his Alajtys Colony, cither in sloop, 
Boat or Canoe, before the said ship or vcsscll hath sent ashore, and 
thereby made known what they are, upon certain penalties and forfei- 
tures therein prefcribed. 

His Exce^'^' and the hon^^^ Councill do further propofe to the confide- 
ration of this house, whether it be not proper at this Juncture to enforce 
the execution and observance of the same. And whereas, Ms*''' of ships 
coming into this Colony do frequently publish news upon very slender 
foundations, tend much to the difquieting the minds of his Maty's Sub- 
jects ; whether it is not highly necelFary for preventing the publick * * 
* * * of falfe news, that it be made a Law that all Com'^"'* of ships 
or vefsells shall, immediately upon his or their arrival, & before publish- 
ing any extraordinary news, deliver all papers relating thereto to the Col- 
lector or naval officer of the District when he arrives and make oath 
thereupon; and that the sd. Collector and naval officer are to be impow- 
ered to take the oath of the sd. M*" upon such news, & immediately send 
an, ace" thereof, together with the M*' or person giving said account to 
the Governor or Com'^''-in-Chief for ye time being, and that all posfible 
care be taken for ye forming and paffing such an act. 
By order of his Excy. & the hon*'^^ Councill. 

W. R., Clk. Gen^^ Aflcmbly. 

By his Excellency and the hon^'^ Councill — May i5ih 

M' Speaker and Gentlemen of the Rccommenda- 

Houfe of Burgefles : tions of GovV 

. and Council, 

Whereas, by reafon of the great distance of this Colony and Domin- providing for a 
ion of Virginia from our mother Kingdom of England, there may hap- continuance of 
pen to be a considerable space of time between the death or Demife o^q . rn^°"nt i„ 
the King or Queen for the time being, and the proclamacon of his or her case of the 
succeflbr in this Countr)'^, for preventing the many mifchiefs and incon- death of the 
veniences which may happen during the said Intervall, It is proposed ^«ngor2"een> 
that all acts, deeds and Sentences of the Govern^ Lieut. Governor or 
Commander-in-Chief in this Colony for the time being, w'"'' he might 
Lawfully do, sign, or pass by his Commiffion during the Life of the 
King or Queen for the time being, shall be valid to all intents & pur- 
pofes in Law, after the death of the said King and Queen, And until 
the said death is by proclamation, publickly notified in this Country, as 
also all acts of the Council, Juftices of Peace and all other officers, civil 
and military, within this Colony, w'^ are done after the death of the 
King or Queen for the time being, and before the notification thereof 
by the Government in this Colony, shall be valid to all intents and pur- 
poses as if the said King or Queen were actually alve. And that all 
Treasons, Rebellions and all other Crimes whatfoever Committed during 
the said time, ftiall be punishable to all intents as if the King or Queen 
had been actually alive at the time of the Commission thereof. And 
alfo that it shall be in the power of the Governor, &c., for the time be- 
ing, with advice and consent of the Council of State, to continue the 

Generall Aflembly that shall then happen to be sitting, for 

moneths, and no longer, after the notification of the said Death or De- 



; / 



( 



7 



78 CALENDAR OF STATE PAPERS. 



1702 mife, or to prorogue or dilsolve the same sooner, if he shall think iitt. 
Provided always, that nothing contained in the premifes be interpreted so- 
as to Limit the Governor, Lieut. Gov^ or Com***" in Chief for the time 
being, in the execution of any Instructions he shall receive from the 
succeeding King or Queen, relating to the prorogation or difsolution of 
the fd. Aflembly sooner then by this Act is allowed. 

By order of his Excellency and the hon^** Council. 

WIL. ROBERTSON, 

Clk. Gen. Afsembly. 

May 15th Bill providing for the protection of ships and veflells in the Colony in: 

time of war, pafsed in accordance with the recommendations of the 
Governor and Councill, excepting the clause in regard to not allowing 
persons to go on board ships lately arrived, &c., but ordering a Bill to be 
prepared '* for preventing the publication and spreading of falfe news." 

W^ RANDOLPH, 

Clk. H. of Burgeffes. 

May »oih The House of Burgesses refuse to accede to the "Governa & Coun- 

cel's" proposal to appoint a joint Committee '* to confider of the moft 
proper method for rendering the act for '^ Cohabitation" more efFectuall or 
in some other way for securing the fFronteers," &c. 

May sad * Mefsage of the Governor and Council in regard to certain '' dis- 

putes lately happened between the Inhabitants ot this Colony on y® 
Eastern Shore, and thofe of Maryland, concerning some lands lying on 
or about the Divifional Line run between the two Countrys," &c., &c. 

May lid When his Ex^^ called this Seflion of Assembly, he was in hopes ere 

Menage of 60- ^^^^ ^^ \\'Jiyt rec^ seve" orders, &c., from England, which occasioned his 
vernor in regard delaying to speak to this Houfe hitherto, and only to recommend the 
to the defence- Revifal of the Laws, but that matter being at an end by y® Refolve de- 
lhe"«unt^"*'^'>v^'"^^ in Yesterday, His Ex^^ & the hon^« Council now recommend to 
y* Serious consideracon of this house the State of the Militia of this 
Declaration of Country, and take it for granted no man doubts of the certainty of a 
May at White- ^ar being intended with France, and Consequently if the danger of even 
hall, had not being attacqued by that Enemy, and how well provided we are for such 
yet been re- ^ defence as is necessary, may plainly appeare, by the Lifrs of the Mili- 
Virginia" ^*^ "^^ '^^^ before this Houfe. By the computacon of the laft Lifts 

returned, it is evident that there are only 10,000 & some odd hundred of 
Militia in this Colony, including officers, w*'** were indeed a considerable 
fForce, were they all duly armed and provided wiih ammunicon, or could 
be drawn together in any competent time, but not one- fourth of them* 
suitably armed, could be drawn out, nor have they ammunicon, as is 
evident by the ace** of it taken after laft fession of Gen" Aflembly. 
And they live at so great a diftance from one another, and have so many 
Rivers & Creeks to pafs, that it will be very difficult to gett any com- 
petent number together to make head agst. an Enemy. His Ex^^ & the 
Hon^^® Councill think themfelves obliged to put the houfe of Burgesses- 



* Illegible and obscure. 



CALENDAR OF STATE PAPERS. 79 



in mind of the defenceless condition of this Conntry, &c., &c. * • • 1702 

His Excelly herewith sends the votes of the houfe of 
Commons in England, whereby it appears that they have 
provided every thing as if there were an actual war. 

By the Hon^^° Council— May a8th 

Upon reading that paragraph of yo*" Addrefs, presented to his Excel- The Council 
lency and the Council yesterday, wherein you leave it to his Excelly to provide for in* 
levy competent forces upon any extraordinary emergency as an Alarm, 1^^"*"^"^^ °/ 
Surprise or Invasion, and to w** you desire the Council's concurrence, gUves, &c. 
Their Hon" are of opinion that the word Infurrection ought to be also 
inserted, firft, because it was so in the Resolve of the BurgeiTes last ses- 
sion on that subject, and 2'^ly, They conceive the other words Alarm, Sur- 
prise or Invasion doth not fully provide for suppreffing any risings that 
may happen to be made by Ser""^' and Slaves, Ac. * * * 

Which amendments being made. The Council agree to the sd. paragraph 
of the Address. 

By order of the hon^**' Council. 

Colonel W™ Bassett who, by the Sheriff of New Kent County, is re- May aid 
turned a Burgeff for the sd. County, having presented to us the writtfor ^ , ,„ „ 

T-i- r°n 11 ^ i°r j i_-^ Col.Wm. Bas- 

iLlection of a Burgess, and the return thereof, and we bemg Commis- gctt declines to 
sionated to administer the Oaths appointed by Act of parliamt to be take the re- 
taken instead of the oaths of Allegiance & Supremacy, the Test, Asso- ^"'^*** oaths is 
elation* and ye Oath of a Burgeff to new elected members of this pre- ^^l^^ the 
sent Genl. Assembly. We accordingly tendered the Oaths afore***, &c., reported death 
to the s"* Coll*" W"» Bafsett, who returned the following anfwer, viz : «/ ^'"S Wii- 
*' I have Already, in several qualifications, testified my allegiance to King **"* 
William's Governm', by taking the Oaths, &c.; but I am now informed 
and fully satisfied he is dead, and therefore I think my self obliged, both 
in prudence & conscience to decline taking ye Oaths to him at this 
time." 

Which is certified by E. JENNINGS, 

J. LIGHTFOOT. 
May y* 22**, 1702. 

" I have, on several occasions, shewed my obedience to his Mag^ King May 16th 
William, & fhould be as Ready at this time, but now I am Informed j^^ wiiiiam 
that he is dead, y® which I beleive, and for that Reafon I think in Con- B/rVs refusal 

^  upon the same 

grounds 
* The ** Association ** here referred to was the rrsult of a Bill passed by the Pa>Iiainent of 

England in 1696, imoicdiatety after the discovery and failure of the Papist's Plot to assassinate 

King William. This Association numbered more than three-four.hs of the members of the 

House of Lords and of the Common*; was entered into by nearly all the civil and mi itary 

officials of the Kingdom, and was signed by hundreds of thousands of the citizens of the Realm. 

Itf provisions committed the Parliament and people to the protection of the person and throne 

of the King, against the designs of James II. and the Papists, and to the duty of avenging his 

death upon his murderers, should he come to a violent end at their hands. 

Lord Macauly, in recording the enthusiasm with which this measure was received, wherever the 

f overnmert of William was acknowledged, uses the following language : ** The Association was 

signed by the rude fishermen of the Scilly Rocks by the English merchants of Malaga, by the 

Saglith merchants of Genoa, by the citizens of New York, by the tobacco planters of Vir- 

^nia.** The above reference to the < Association " is the only one to be found among the 

documents now in the Capitol. Some years ago the writer saw the original draft of one, drawn 

and dated at Wiliamsburg, signed by the members of the House of Burgesses, and containing a 

loag list of the names of the gentry of the Colony. This has unfoi tunately disappeared. 



so CALENDAR OF STATE PAPERS. 



1/02 science, I ought not to Take the Oath. I therefore defier to be ex- 
cufcd." 

May 28th Kill to prevent madcrs of rhips or vessells running away after Em- 

_ barc^os arc laid, ^-c, kQ. — aorccd to by the Council — also that miters 

ux% of ships ^^^ 2II " ships and vessells " under embargo, " shall give Bond at his 
running oil, &c. or thcir clearing to the naval officers of the District where such ship or 
ve^^eli lyes, to pcrformc the conditions of this Act enjoined. 

Bv ord' of the hon^^*^ Council, 

WIL ROBERTSON, 

Clk. Gen^^ Affembly. 

May 29th I^y tl'ic houfc of Burgefscs — 

Ordered, 

New clccMon • 

requested, That a mefsage be forth w^^ fent to his Exce^^ to desire him to Iffiie 

Messrs. Bas^ctt q^j^ ^ j^^vv wrltt for the Eleccon of a Burgefle to serve in this next As- 
fng toVake\h'c ^^"^^^y ^^^ Ncw Kent County, in the room of Coll. William Baflet, 
oaths, &c. who has refufed to take the oathes. 

And alfoc to Issue out a new writt for the eleccon of a BurgeiTe to 
ferve in this Aflembly for King & Oueen County in the roome of M' 
William Bird, who has refufed to take the oathes. 

W"^ RANDOLPH, 

CI. H. Burg«\ 

June 23d By his Excellency and the hon^^° Council. 

Complaint M' Speaker and Gcnf* of the 

a.-iinst Wm. \\q\x{c of Buro;eflcS. 

Byrd, Gent,, ^ 

for seditious Whcrcas, it hath been represented to his Ex^^ by Co^^ W"* Leigh, 

language, ^z. CotH'^ ' in Chcif of thc Militia of King & Oueen County, that W" 
Byrd, of the County of King & Queen, Gent., did, on or about the 28^^ 
day of May last, publish and spread abroad, diverfe, falfe, feditious and 
scandalous Reports, highly reflecting on the honor and Juftice of his Ex- 
celly, the Gov% the hon. Council and the Worshipful houfe of Bur- 
gcffes, and tending much to the raising sedition in y° minds of her 
Maj^-'"'* Loving Subjects ; His Excellency and the hon'*^*^ Council have 
thought fitt to lay before this Houfe the fcv" Depofitions taken in that 
matter, and other papers relating thereto, that this House may take such 
course as they shall judge necessary for vindicating the honor of the 
Government, and quieting the minds of her Maj^'** Subjects — preventing 
the spreading of such dangerous and feditious Reports for the future. 

By or''** of his Excy. k the hon^'" Council. 

W. R., Clk. Gen. AfT. 

August 2Clh /^ V AD 

(Copy.) Anne R. 

Windsor, Eng. ' Trusty and Well-beloved— We greet you well: 

Copy of Queen Whereas, w^e have thought fit to order several stores & cured Provisions 
to Col'^Nichol- of War to be sent from the office of our Ordinance in the Tower of Lon- 
son, for deiray- don, to that our Colony of Virginia, for our Service there, which, with 
ing cost of ^\^^ PVcight and Incident charges thereof, according to an estimate made 
s^ntTo^^ " by thc Master General of our Ordinance, a Copy whereof you will rc- 
Virginu ccivc herewith, amounts to the sumc of three thousand three hundred 



CALENDAR OF STATE PAPERS. 



81 



Eighty-Eight pounds, three shillings and four pence-— Which our Inten- 1 702 
tion is shall be defrayed out of our Revenue of Quitrents within our ^„-^^ ^^^^ 
said Colony. 

Our will and Plkasure therefore is, that you forthwith cause the 
said Sume of three thousand three hundred Eighty-Eight pounds three shil- 
lings and four pence, being the Cost & Charges of the said stores, to be 
paid and satisfied, out of our said Revenue of Quitrents arising within 
our said Colony of Virginia, by transmitting Bills of Exchange for the 
like Sume, payable to the Treasurer or Pay-Master of the office of our 
Ordinance here for the time being. And for so doing, this being first 
entered with the Auditors of our Imprest here, to the end the said 
Treasurer of our Ordinance may be duly charged for the said monys, shall 
be your sufficient Warrant. And our further will and Pleasure is 
that in case you shall find it requisite for our service to direct the De- 
livery cf any of the said stores for the ordinary Service of our Militia, 
You take care that we be reimbursed for the same according to the said 
Estimate by such persons to whom the said stores shall be delivered. 
And that the money arising thereby be put into the hands of our Re- 
ceiver General of our said Colony, to be disposed of in such manner as 
We shall think fit to direct for our Service in that our Colony. And 
so We bid you very heartily farewell. From our Court at Windsor, 
this 20*** day of August, 1702, in the first vear of our Reign. 

By her Majesty's Commana. 

GODOLPHIN. 
(To which is appended.) 

'^ An Estimate of the Cost and Charges of the Arms, &c., undermen- 
tioned, for one thousand Foot and four hundred Horse, in her Majestys 
Colony of Virginia, according to a memorial on the behalfe of ColL 
Nicholson, Governour thereof, referred to my Lord Romney, as is Sig- 
fied by the Earl of Nottingham's Letter of the 9*^ present." 

£. 
Snaptice Musquets, looo at 20' each, 
Car touch Boxes, 1000 at 2* 4^ each, 
Carbines, 400 at 26' each, 
Belts, with swivles for d'', 400 at 4" each, 
Pistols, with Holsters, 400 pair at 30" a pair, 

{Horse, 400 at 7" 6^ each, 
Foot, 1000 at 4" each, 

C Shoulders, 400 at 4' each, 
Belts for Do. < 

( Wast, 1000 at 2" each, 
Corn powder, (?) 80 Barrells at 

Tuns. £, 
C Musquette, 3. 4. ") 

Shott. < Carbines, o. 8. >at i6^**p*tun, 

f Pistolls, o. 8. J 

Chests for packing Arms, 70 at 10' each. 
Freight of 34 Tuns, and other incident charges at 3' 
pr. Tun, 

Office of the Ordinance, 16*^ June, 1702. 
11 



S. D 



lib 



1000 


. . 


• • 


no 


»3 


• • 


520 

80 




• • 

• • 


600 




• • 


150 




• • 


200 




• • 


80 




• * 


100 




• • 


320 




• • 


.64 


• • 


• • 


38 

0' 


10 


• • 


119 


• • 


• * 


3388 


3 


4 



r 



Sg CALENDAR OF STATE PAPERS. 



hi 



1702 Copy of the Earl of Nottingham's Letter to You about Trade with 

Cop, of the the Spanyards. 

Etriof Not- The States General of the United Provinces haveing re- 
tinghain'i letter PRESENTED TO THE QuEEN the Advantages and Conveniences of the 
lonSout'trade Trade with Spain in the West Indies, Her Maj«% upon Considera- 
with the tion of the reasons alledged by them, has thought fitt to approve. of 

Spaniards ^j^^j^ Proposall, and to Continue the Trade & Commerce with the 
Date not cer- Spanniards in those Parts during this War, in all Commodities, Ex- 
**^» cepting Stores of War and ammunition, and such commodities as 

are Prohibited by law to be carried from her Ma*®* Plantations di- 
rectly to any foreign Country ; and her Ma"* has commanded me 
to signify her Pleasure to you, that you permitt and suffer her 
subjects freely and openly to carry to any place or Territory under 
the Dominion of Spain in America, all such merchandizes and 
Commodities as might have been carried thither before the War — Pro- 
vided there be not among them any stores or Ammunition of war, which 
ou must be very careful! to hinder ; and you are likewise to Permitt her 
a"** subjects to bring from the Spanish Dominions in America, any 
Merchandize or goods of those Parts ; and the Dutch haveing Promised 
to Enjoyn their Privateers in these Parts not to disturb her Ma"^ subjects 
in this Trade, you must in like manner require all the Privateers under 
your Jurisdiction not to molest any of the Dutch in their Trade to k 
from the Spanish Dominions, Except only in case of their carrying stores 
&; ammunition of War ; But as the reasons inducing her Majesty & the 
States Generall to this Resolution, are peculiar to the Spanish Trade, & 
respect only the Spanish Nation, her Ma"^ would have you take as much 
care as is pofsible that the French may receive no Benefitt by this In- 
dulgence. 

(No signature.) 

1703 •To ALL TO WHOM these presents shall come, I, fFrancis Nicholson, 

OctV a^d ^sq% her Maj^**" Lt. and Govern' Gen^^ of Virg*, Send Greeting j 
Whereas, his late Majesty, King Charles the Second, hath been gra- 
®"°^ ^f c"*d ^^°"^y pleased by his Royal Letters patente, under the great seale of 
dock and oth- England, bearing date at Westminster, the tenth day of October, in the 
era, for import- eight & twentieth year of his Reigne, amongst other things in the said 
ing persons into Letters patente contained, to continue k confirme the ancient power & 
e CO ony priviledge of granting fifty acres of land for every person Imported into 
this Colony of Virginia. Now know yee, that I, the said fFrancis Nich- 
olson, Esq', Govern', &c., do, with advice & Consent of the Councill, 
of State, accordingly give & grant unto Samuel Cradock, John Care, 
John Echolls & William Glover, sixteen hun**"** & twenty acres of Land 
lying in the branches of the Tuckahoe Swamp, in the freshes of Matta- 
pony River, in King & Queen and Essex Counties, Beginning at two 
Red Oakes & a pine by the East Side of Potobago path, thence east one 
hun** & eighty poles to a White Oake, thence south one hun^ nmety- 
eight poles to a White Oake on the side of a hill, thence South, fifty 
degrees. West fifty-two poles to two White Oakes and a pine, by the 
North side of a branch of Tuckahoe Swamp, thence East five hun* & 

* Well preserved impression of the Colonial Seal, and motto — Bn dat Virginia fuhtum. 



CALENDAR OF STATE PAPERS. 83 



four poles to a pine and a red cake, thence South twenty-four Degrees, 1703 
West three hundred poles to three white oakes, by the East side of the 
Tuckahoe Bever Dam, thence South eighty degrees, West crofsing up 
the Bever dam one hun^ & seventy poles to two white oakes on the 
West side the head of the Dam, Thence north sixty-seven Degrees and 
a halfe. West one hun^ fifty-six poles to a small white oake and a Small 
red Oake, thence north thirty degrees. West one hun*^ & four poles to 
a great red oake on a hill, thence bouth seventy degrees. West three 
hun*^ & forty poles to a red oake in a valley, thence North sixty-eight 
deg'^, West one hundred & twenty-eight poles to a pine by the side of 
Tobago path, thence North thirty poles to two pines & a hiccory by the 
sd. path, thence North twenty-six & a halfe Degrees, East four hun*^ 
seventy-five poles to a hiccory, thence North forty-three Degrees, East 
forty-two poles to y^ beginning, the said Land being due unto the said 
Saml. Cradock, John Care, John EchoUs & W™ Glover, by & for the 
transportacon of thirty-three persons into this Colony, whose names are 
to be in the records menconed under this Patent. To have and to hold 
the said Land with his due share of all mines & minerals therein con- 
tained, with all rights & priviledges of Hunting, Hawking, fishing k 
fowling, with all woods, waters and rivers, w'^ all profitts, Comodities 
k Hereditaments whatsoever belonging to the said Land to them, the 
said Sam^^ Cradock, John Care, John Echolls k William Glover, their 
heirs and afsignes forever, in as large and ample manner to all intents 
k purposes as hath been used k allowed since the first plantation \ To 
BE HELD of our Sovereign Lady, the Queen, her heires k succefP*, as of 
her mannour of East Greenwich, in fee & comon Soccage, k not in 
Capite nor by Knights service: Yeilding and paying, unto our sd. Sove- 
reign Lady, the Queen, her heires k succefFours, for every fifty acres of 
Land hereby granted at the feast of S' Michael, the Arch Angell, the 
fee rent of one shilling, which payment is to be made yearly from year 
to year ; Provided, that if the fd, Sam" Cradock, John Care, John Ech- 
oUs & W™ Glover, their heires or ai&gnes do not feat or plant, nor 
cause to be feated or planted thereon, within three years next ensuing 
the date hereof, that then it shall k may be lawfull for any adventurer or 
planter to make choice thereof and seat thereon. Given under my hand 
k the seale of the Colony, this 21^ day of October, in the second year 
of the Reign of our Sovereign Lady Anne, by the grace of God of 
England, Scotland, fFrance k Ireland, Queen, Defen**' of the faith, 4c., 
anno q. Dom., 1703. 

Ff. NICHOLSON. 

Sam" Cradock, &c., their Patent for 1620 acres of 
Land in King & Queen & Efsex Counties. 

C. C. Thacker, Deputy Secy. 

To his Excellency, ffrancis Nicholfon, Esq% &c.: October 

George Clough most humbly sheweth, H^,^ i,„j. 

That John Martin, late of the County of Yorke, Mari'ner, dyed, "cheate to tbo 
seized of one thoufand acres of Land, in ye upper parts of the County 
of New Kent, w'^ out heir or makeing difposition thereby, whereof the 
petitioner humbly conceives the same to efchete to her Maj'*° &c., &c, 

(Prays grant for the same.) 



84 CALENDAR OF STATE PAPERS. 



1704 His Royall HighneflT, Prince George of Denmark, & eta , Lord high 

F b* th Admiral of England, Irelend, & ceta., And of all her Mats. Plantations^ 
* ^. ' & eta., k Generaliflimo of all her Maj" Forces, & eta. 

Orden 10 con- The Earl of Nottingham, her Mat* Principall Secretary of State, 
aection with having, w*** his Letter of y* 5*** Instant, Laid before mee the copy of an 
Afgien ^ Article of the Treaty lately Concluded w"* Algiers, By Rear Admiral 
Byng To the End, y^ Pursuant to y® Agreem' therein, the Governo'* of 
her Mat' Plantations (in case they have noe Blank Pafles in their hands) 
may grant Certificates for the security of such shipps as shall sayle 
thence w'^out a PaflT. I send you a Copy of the said Article inclosed^ 
and doe, in Obedience to her Mat' Pleasure, hereby Require and Direct 
you to take Especial care to comply with what is therein Directed, As 
to what relates to Your Parts. Given und' my hand this 9"^ February, 
I70f 

GEORGE. 

To the Refpective Governo" or Cheif Officers of any of her Mat* 
Plantations in America : 

By Comand of His Royall Highness. 

GEO. CLARKE. Vera Copia : 

p: J. POWERS. 
(To which is appended.) 

Copy of an Article of the Treaty Concluded with Algiers by Rear 
Admirall Byng, the 28'** of October, 1703 

Vetielt built in And it is further Agreed And Declared, that all Prizes taken by any 
Colony, exempt of her Maj""of Great Brittaine's Subjects, And all Shipps and VefFells 
ttom captort i^^y^ ^^^ jp^^^j ^^^ j^^ ^^^ ^f y^^^ jyjj^ia plantations in America, that have 

not been in England, shall not be molested in case of noe Pafl'; but that 
a Certificate in writing, und** the hand of ye Comanding officer that shall 
soe take Prizes, And a certificate und*^ the hands of the Governour or 
Cheife of any of her Ma^ Plantations in America, or where any shipp 
shall bee built or fitted, shall be a sufficient PaiT to Ether of them. And 
our fiaith shall bee our fiaith, and our Word our Word. 

April 14th By his Exc^ k the hon***® Council — 

French rcfu- M' Sp' & Gent' of the H. of Burgesses : 

cantown desire ^** ^^^^ * ^^^ hon^^® Council having received diverfe petitions here- 
to be natural- tofore prefented by the fFrench Refugees, settled at Manicantown, pray- 
ised ing for naturalizacon, with several other papers ralating to that settle- 

ment. Have thought fitt to recomend to y' houfe the mature considera- 
con of the sd. peticons ft papers, as being a case of very great impor- 
tance. 

By or**' of his Exc^ & y« hon^^« Council. 

W. R., Clk. Ge. Ct. 

Majr iitb 

Hogsheads of '* Upon the peticon of Nehemiah Jones, setting forth that in the year 
tobacco ex- 1702, he bought twenty-five hogsheads of Tobacco in Accomac Dis- 

Vf%i^\Vvm ^"^^ ^"^ P^* ^^^ ^"^y °f ^^^ shillings pr. hd. fr ye same, w*** being 
paid shipped from Rappahannock Diftrict, the pe^ was obliged to pay the 



CALENDAR OF STATE PAPERS. 86 



said duty again there, and praying to be reimbursed for ye same, &c." ^7^4 
The Governor and Council order Coll. G. Corbin to grant certificate so 
that the said Jones might negotiate the fame with Auditor Byrd. 

* To our Trusty and Welbeloved Francis Nicholson, Esq*", our Lieut. July 6th 
and Gov' General of our Colony and Dominion of Virginia in Ame- 
rica, Or to our Commander-in-Chief of the said Colony for the time 
being : 

[Duplicate,'] Anne R. 

Trusty and Welbeloved — We Greet you well — Whereas, Complaints Reported 
have been made to us of abuses in the Courts of Admiralty in the Plan- *^"."* *" **^" 
tations, and of Irregularities in the Disposition of Prizes brought into^*"'"*** ^'^* 
our said plantations by our ships of War, Privateers or others with Let- 
ters of Marque. For prevention whereof we strictly charge and re- 
quire you, that you be obedient to such orders and Instructions as you 
shall from time to time receive from our high Admirall, and that you 
reqnire all persons whatsoever in the Plantations whom it may concern, 
to be aiding and Assisting in the Receiving of our Dues, as also of thofe 
of our High Admiral in cases of Prizes, according to our Declaration 
for the Encouragement of our ships of Warr and Privateers and in main- 
taining the Rights of the Admiralty. And We further charge and 
Command you that you cause due care to be taken that all Commanders 
of our ships do deliver up the Prizes by them taken and brought to any 
Port within your Government, into the Posfsession of such officers for 
Prizes as are properly appointed and authorized to take Charge of the 
same, and that all persons be required to be aiding and aflisting to the 
said Prize Officers, in preventing Embezelments and recovering of Prize 
Goods which may happen to be Embezzled and concealed, as well as in 
the Execution of all orders to them directed in relation to Prizes by any 
Court of Admiralty Legally Established by our High Admirall in Ouj 
said Plantations So We bid you farewell. Given at Our Court at S* 
James, the sixth day of July, In the Third Year of Our Reign. 

By her Majesty's Command. 

C. HEDGES. 

« 
Petition of Henry Fox and Col. John West, Capt. Thomas West & OctV i6ch 
Capt. Nathaniell West, to the Governor and hon"*^* Court, to recover pgiijjo„ ^^ 
and establish title to four Thousand acres of land in King & Queen recover land 
County, pattented in 1654, which patent could not be found, and they 
*^ conceiving the same may be lost by the misfortunes that have attended 
this Colony's Records," &c., &c. 

Charles Reade's petition for recovery of lands in Nansemond County, Oct'r i6tb 
lapsed from Thomas Cowling, &c. 

^Rich^ Lee's (Naval Officer) account of duties on Tobacco shipped OctV isd 
from Potomac District, &c. 

Anne R. 



* This docnment bean Queen Antie*i autograph, and a very good ioipretiion of her seal. 



86 CALENDAR OF STATE PAPERS. 



1704 * Trusty and Wclbeloved, Wee Greet You well: Whereas, the 

DecV Mth Commiflioners for promoteing the Trade of this Kingdome And of our 
Colonys and Plantations abroad, have represented to our High Treasurer 
Court at St. j^g^e by a MemDrial, which hath been laid before us. That Our Trusty 
•'*"" and Welbeloved Edmund Jennings, Esq% Secretary for the Aiiaires of 

Edmufld Jen- Qur Colony of Virginia, hath for Severall months past attended them 
fw'hi«*8ervkc« ^^^^ great Diligence for Compleating the Worke of Inspecting and 
ta reviling the amending the Laws of Our said Colony, Which he (by Your appoint- 
i*«^ ment) brought over with him from thence for that purpose — And in 

recompence of his paines and charges in this service, (being now about 
to returne again with the said Laws as amended,) They, the said Com- 
mifsioners, have offered their opinions, that the sume of Two Hundred 
pounds (over and above the sume of one hundred pounds, which you 
advanced to him before his coming from thence,) may be allowed him 
Out of Our Revenues there. To which we being Graciously pleased to 
Condesend and agree. Our will and pleasure is, and wee do hereby will 
and require You to ifsue the necefsary Orders and direccons to the Re- 
ceiver Generall or Collector of Our Revenues, there to pay or cause to 
be paid unto the said Edmund Jennings, or his asiignes, the said sume of 
Two hundred pounds. Which, together with the sume of One hundred 
pounds Advanced as aforesaid, is to be taken and received by the said 
Edmund Jennings in full recompense and Satisfaction for his Service, 
paines and Expences, as well in coming with the said Laws from thence, 
and attending here about the same as in returning back again therewith ; 
And for so doing (this being first entred here with the Auditor for the 
Acco^ of our Plantacons) shal be as well to You as to the said Receiver 
or Collector for payment, and all others concerned in pafsing or allowing 
thereof upon acco* a sufficient Warrant, and so We bid You heartily 
farewell. Given at Our Court at S' James, 13'** Dec', 1704, in the 
third Year of Our Reign. 

By her Ma'**** Command. 

GODOLPHIN. 
To Our Trusty and Welbeloved Fran. 
Nicholson, Esq% our Lieut, and Gov- 
ernour Gen^^ of Virginia, and to our 
Lieut, and Governour Gen" there for 
the time being. 

Enterd with me, W™ Blathwayt, 

Audit' Ameri'a. 

Dec*r icth ^y ^^^ Excellency — a Proclamacon : 

Vtrgioia t Whereas, it hath pleased almighty God to grant to her Maj** armes 

in Conjunction with her allys under the Comand of his grace, John, 

Wenhrim* ^^^^ ^^ Marlborough, Cap^ Gen" of her Maj»*« Land fForces, a Signall 
& glorious victory over the french & Barvarian fForces at Blenheim, near 

*?"^ "h*" m'" Hockstet, (Hochstadt) on the River Danube, in Germany, (the first ac- 

jelty by Col. " count whereof being brought to her most Sacred Majesty by Coll. Parke, 

Pa^ke, of Vir- 

fthe Duke of * '^^'" (document bean autographs of Queea Anne and Oodolphin, and quite diidnct tm- 
Marlboroueh preitioos of duplicate staoipa of the tax of two shiliingi and six pence, on warrants, &c. 

I This interesting document bears a faint impression of the Colonial Seal, but the motto, 
Eti dot Virginia quintum^ is fortunately quite visible in the exergon, also the initials W. R. 



i 



CALENDAR OF STATE PAPERS. 87 

a Gent & native of this Country, who was sent by his grace,) and the 1704 
R^ Hon^^* the Lords Comff™ for trade and plantacons, having been 
pleased to send unto me her Maj^" Royal proclamacon for a day of thanks 
giveing in England, (a copy of w^ is herewith sent to be published with 
this) with direccons to me to appoint a proper & speedy day of thanks 
giveing, to be kept & observed by all her Maj^** good subjects within this 
her Maj*^" Colony and Dominion of Virg* — Therefore I, fFr. Nicholson, 
Esq% her Maj^** Lieut, &; Gov' Gen" thereof, duely & seriously reflect- 
ing upon the great goodnefs of Almighty God manifefted to her most 
Sacred Majesty throughout the whole course of her auspicious Reigne, 
and the signal! testimonys of the Divine protection & affistance afforded 
to her Maj**'" Armies in the Just & neceflfary warr wherein her Majesty is 
engaged, for the comon safety of her Maj^^ Kingdom & Dominion, And 
for disappointing the boundless ambition of fFrance, h more Especially 
in the aforemenconed late signall victory, soe glorious to the English 
armes (w^^ is owned by his Imperial Majesty, & their high and mighty- 
nefFes, the States Generall of the United Provinces to her Majesty & 
his grace, the Duke of Marlborough, as appears by the London Gazette 
& monthly mercurys,) w*"^ signall blefsing on her most Sacred Majesty, 
seem to be the gracious retributicon of the Almighty for her Maj* Ex- 
emplary piety and great charity, especially that of bestowing such a con- 
siderable beneficence on the poor clergy of the Church of England, as 
likewise for her Maj^ having protected his grace the Duke of Marl- 
borough & his most noble family, & their haveing been her Maj^ most 
Imediate Servants since her marriage to his Royal highness. Prince 
George of Denmarck, wherein they have allways acted with a steady 
Loyalty & fidelity ; And considering that such great & publick blessings 
do call for solemn & publick acknowledgements. Doe, by advice of her 
Maj**** Hon**^*^ Council of State, hereby appoint that a publick & solemn 
day of thanks giving to almighty God for these his great mercys be kept 
& observed by all her Maj**** Subjects within this her • • • 

•**••** or her Maj»- 

birth dry, on w** acco' all her Maj**"* Subjects have double obligacons to 
keep a day of thanks giving. And for the more Religious Solemnizing 
the sd. day of thanks giving, I do, by advice afore"^, order & direct that 
in every parish where there is a minister, there be divine Service in the 
Church, & a Sermon suitable to this great occasion, and in all other 
Churches & Chappells where there are no Minift% the publick prayers 
be read by the Clerk, and because the season of the year will not admit 
of a speedy conveyance of this proclamacon to y* remote parts of the 
Country, for w*''* reason the solemnizing of this publick thanks giving is 
soe long delayed. Yet that we may be as speedy in returning our thanks 
h Praises to almighty God as such great bleflings require, I do recomend 
to the Minifters of the respective parishes, that as soon as this procla- 
macon shall reach them, they take notice of ye same, either in y® pub- 
. lick prayers or in their private prayer before sermon or in the Sermon 
it selfe, according to their discretion. And I do hereby require & co- 
mand the militia, both of horse, foot & Dragoons in every parish , to 
meet at the Church of their respective parishes on the sd. sixth day of 
flPebruary, & the respective ofiicers residing in such parish or parishes are 
then to draw up the s** militia after Sermon, & cause y" to fire three vol- 
leys in token of their rejoycing And I do hereby require all her Maj*®" 
good & Loveing subjects within this Colony & Dominion duely & Reli- 



88 CALENDAR OF STATE PAPERS 



1:704 gtously to observe the s^ day of thanks giving by abstaining from all 
servile & Bodily Labour, and exercising such acts of Devotion & pub* 
lick rejoyceing as may best expre& their thankfulneis to almighty God & 
their Joy on this occasion. I hereby requireing & Comandtng the 
Sheriffs of the several County s to cause this my Proclamacon to be read 
in all Churches, Chappels & Courthouses within their respective Bayli- 
wicks. Given under my hand & the Seale of this her Maj^ Colony fz 
Dominion of Virg*, at her Maj^" Koyal Colledge of William k JVlary, 
the 15"* day of December, 1704, in the third year of her Maj**^* 
Reigne. 

FFRA. NICHOLSON. 
A Proclamacon for a publick 
and solemn thanksgiving, &c. God save the Queen. 

1705 May it please your Excellency — 
M h th Doubting a misrepresentation relating to ye Court in this County, we 

humbly beg leave to acquaint your Excy. that 'tis without caufe — some 
Middlesex co. perfons have occafion*d so much trouble, by complaints of heats and 
Justices of qnarrels (w*^\ if any such,) are only lodged in their own breafts, on dif- 
Peace give rea- fering from them in opinion, being all the reafon given on our part. Rc- 
cannoTsi^t whh ^^'^^"g ^^ Y^* Excy* happy arrival amongft us, to forgive and forget all 
others former abuses and slanders we have received, (had they not continued), 

and should have done our duty in the Station y' Excy. was pleaf'd to 
place us in, were there any • •  • profpect of per- 
forming it w^^ quiet, but y^ now we dispair of M' Stapleton being a mem- 
ber of our Court, a perfon moft notorious by abufive, prophane and 
Imorall Qualities, so misbecoming the seat of Justice, y^ we humbly de- 
fire to be excused Sitting w^ him, beleiving him designedly represented 
to make both us and ye County in generall uneafie. 

The rest of y* Gent* we should have com ply *d w% and would not 
have presum'd to have given yr. Excy. this trouble at this time had we 
not Just reason. * 

And we aflure yr. Excy. we did not lately recommend others to be 
added out of any ill intent to fill the seats of those y^ refufed (an inquiry 
into ou» behaviour the previous Court, will acquit us of any such 
practice,) but not knowing their reasons w**^ they say they had given 
your Ecy., we thought our Duty at leaft to make y^ representation (be- 
ing so few to hold Court) that y* County might not suffer for want of 
Juftices, w^^ had been supply'd w^^ a sufficient number, had not they 
then refufed — nor should we have had occasion to give yr. Excy. this 
trouble, for w**^ beg pardon, and are 

Yr. Ex'ellency's moft humble and obedient Serv*", 

JOHN SMITH, 



To his Excellency Edward Nott, Esq', 
Her Maj'®" L* and Governor Generall 
of Virginia. 



CHS ROBINSON, 
HARRY BEVERLEY, 
RICHD. KEMP. 



* According to Henning and otbersj Nicholson was Governor at this time. This doiument 
certainly bears the date indicated. How is the discrepancy to be reconciled f 



CALENDAR OF STATE PAPERS. 89 



Bail Bond of John Owen and Tho* Harrison, to W" Epes, SherifF 1705 
of P. George County, &c. April 7th. 

Prince Oeo. Co 

Hon*»^*^ Gen** : 

God Almighty having been pleafed to prosper her Maty' & her Allies 
forces, both by land & Sea this laft year, with glorious Victorys & Suc- 
cefles, purs* to a letter of the R' Hon**^® the Lords Com" for trade & 
plantacons, there ha(h been a day of thanks giving * ^ ^^ 

throughout this her Matys. most ancient & great Colony & Dominion in 
every particular parish, w*^** sd. lett' & proclamacon I now give to M' 
Speaker, and I having rece'^ an acc^ of her moft sacred Matys. health k April 19th 
of the happy agreement between her Maty, k both houses of the Par- McMagcofGo- 
liam^ of England, I take it to be new reafons for Keeping another pub- vernor in re- 
lick day of thanksgiving by the Gen^^ Affembly on the 23"* Instant being g"** *° '**y ^^ 
S' Geo'* Day, this being the first time we have mett since I rece^ the ^^anksginng 
orders from England ; and I dont in the leaft doubt but that you will 
heartily join with me in keeping, solemnizing that day, and in returning 
most humble k hearty thanks to Almighty God for thofe mercy s £ 
bleflings, k to pray for ye continuance ot ye same, so that there may be 
the like reasons for celebrating such another day within th? circle of the 
year — 

Also, 

Hon^^*^ Speaker & Gent" of the Houfe of Burgefles : 

I recommend to you the affair of the Nansiatico Indians, k I now 
give to y* hon^*® M' Speaker sev" proceedings concerning them, as like- 
wife two Ace** w*^ I had from y* hon^^® Benj. Harrison, Esq*", with a 
paper sign'd by his son, M' Henry Harrison, concerning the Nottoway k Concerning 
Tufcorura Indians. I have ordered some of the great men of the Notto- ^^^"?. ^"**" 
way, Nanfemond & Maherine Indians to be here this week. M' Rice ° 
Hoe can give you some acc^ concerning the Indian affair in Maryland, 
and I hope speedily to have a more particular ace' from his Excy , Gov' 
Seymour, w®^ fliall be communicated to you, &c., &c. * * * * 
Then follows reference to correspondence with the Gov. of North Car- 
olina, in regard to the Tuscarora Indians, &c.. Instruction as to con- 
voys, &c. 

Sir — You will find that her Ma*^ has, by her Declaration in Councill Apru 20th 
of 15*^ past, which is published in the Gazette, resolved to open a Trade 
with Spaine, for the advantage of her subjects, and it seeming to be more ^a"with 
particularly beneficiall to those in the West Indies, by their nearnefF to Spain 
the richest part of that Monarchy, I do not doubt but you will give all 
the Encouragement to it that You can. Her Ma*^ haveing out of her 
tender care of her Plantations in America, beer pleased to cause a Bill 
to be presented to the House of Commons for encourageing the importa- 
tion of Naval stores from Her Ma** Plantations in America, which has 
since past into an Act, whereby not only due encouragement is given for 
the bringing such stores and materials for the Royal Navy, and shipping Importation of 
of England from thence, but a further intercourse and Commerce is pro- ^"^"^ ^^°'" 
duced for the enabling Her Ma**®* subjects in these parts to make returns 
for the Manufactures of England, which they stand in need of, I have 
thereupon received Her Ma*^" Directions to sepd You herewith the said 

12 



90 



CALENDAR OF STATE PAPERS. 



1705 



Protection of 
Pine trees for 
procuring 
tarpentine, 
&c 



Making To- 
bacco, &c 



Act, which you are to communicate to Her Ma^-^*' Council! and Afsem- 
bly, and render it otherwise publick within the Colony under your Gov- 
ernment, as You may judge most proper for promoting and advancing so 
usefull an undertaking, and more Particularly You are to recommend to 
the Generall Aflembly the making of due Regulations and orders for the 
better carrying on of that work, which may be best effected, by passing 
an Act or Acts in that assembly for preventing the Spoil of the Woods 
as much as paifible. And you are especially to find out, and encourage 
the best means for the making of Tar, most ussfuU for Ropes and 
Cordage, by taking off the burning Quality that has been complained of 
here ; as also to give the necessary Directions for preserving the Woods 
and hindering the unnecessary destruction of Trees, by the irregular 
drawing out the Turpentine ; and it is expected that You, the Councill 
and Affembly should in all respects contribute Your joint endeavours for 
the rendering that Act, and such others as may be part, conformable 
thereunto in the Generall Affembly, most effectual for the intended 
Service, which will not only be very grateful to her Ma'^, but of the 
greatest advantage to Her Ma*^'* Colony under Your Government. But 
you are not to suffer the people employed in the making of Tobacco, to 
be diverted from it, by this or any other undertaking 

I am, S', your most 

humble Servant, 

C. HEDGES. 



April 25th 
Accomac 



M' Han Custis' (naval officer) return of Export Duty, at 2 shillings 
pr. hogshead of Tobacco shipped from Accomac District. 
Sworn to before his Excy. k Councill. 

WIL ROBERTSON, CI. Cour». 



April 28th Rcc^ of William Robertson fourty five shillings for nine days atten- 

,«..,. . . dance in town by his Excy's Order, to wait for the Ord" about the 

WiOianuburgh 1. ^ ^ 

^ ships. 



Test ; 



RoB^ Ambrose. 



I say rec* pr: me, 
signum, 
JOHN + GLADWIN, 



May loth. 

In regard to 
transporting 
certain Indiana 



M' Sp. & G. H. B.: 

Since I understand that the Council & yr. houfe have agreed upon a 
bill for transporting ye Nansiatico Indians, I propofe to yo^ considracon, 
whether thofe Indians shal be continued in prison at ye Country's charge 
till they can be transported. Whether you think fitt to appoint a time 
for people that intend to transport them, to come in & make their pro- 
posals, and if no person will undertake to transport them of, or it they 
are transported & not rec^ in the plantacons fo that the person transport- 
ing them be obliged to bring them back, in what manner shal they y^ be 
disposed of. 



* His Excelly. and the Councill do agree to the Congratulatory Ad- 
dreff to her Majesty, prepared by the Houfe of Burgesses, with the fol- 
lowing Additions : 



* The original address complete, not found. 



CALENDAR OF STATE PAPERS. 91 



In the i**** line after the word (subjects) strike out (the) and insert 1705 
(yor Matys. Govern'', Councill, and) 

In the if line after (Hochstet) & before (w^»») infert (obtained by the ^^^ '"'* 
(Forces of yo' Majesty & yo' Allyes under the conduct of His Grace the Addrewto the 
Valient Duke of Marlborough.) At the end of the 17*^ Line after S"«"» **= 
(Invincible) add (we pray leave likewife to congratulate yo' Majesty upon 
the taking of Gibraltar by yo' Majesty's fForces, and the Victory ob- MKiborpugK's 
tained by yo' Majesty's ffleet under y' Command of Sir George Rooke, Victory 
over the ffrench in the Mediterranean.) 

May it Please y*" Excellency A Hon" — 

Having (as I thought myself in Duty bound) Refolved to Return my Wiy nth 
most humble thanks to ye R' Worshipful, the House of Burgs , for the Letter of 
Bounty they were pleased to allow to me for my attendance as Chap- thanki m 
laine, not to have done the same to yo' Excy. & Hon" for concurring Chaplain u> 
w*^ them in so generous and charitable a Resolution, has been a most -^,,5, 
preposterous omiffion. W*'^ Duty full acknowledgement I most humbly 
begg may be accepted of as a Testimony of ye Just sense I have of the 
obligacon you have laid upon me, and of the unfeigned prayers I shall 
alwayes make for a continued blessing upon all yo** Consultacons. 
Yo' Ex^'« & Hon" most humble 

and most Devoted Servant, 

SOLOMON WHATELY. 



To his Excellency, Francis Nicholson, Esq*", her Maj^*®* Lieut. & Gov- 
ern"^ General of Virginia, & the hon^^® Council of State : 

We, the subscribers in behalf of our selves & several other mas- 
ters of ships within this Colony, 
Humbly Represent, 

That having, by a former peticon, prayed leave to sail with her Maty's ^ ^ 
ship Strombulo, and therein given our reafons in general for our said 
Request, and yo^ Excellency & Hon" being pleased to order us to lay ***»*«^ ?^ *«*- 
before you our particular reafons for desiring such peimiffion : We, there- 164^^0 sail 
fore, beg leave to ofler. That if we should mifs the opportunity of this &c 
Convoy, we cannot expect any other untill the London ffleet arrives, and 
must ly in the Country, not only all this Summer, but in all probability 
till next Spring, from whence these inconvenienceys will neceflarily ensue. 

1"^ That the great Charges we ly at will more than exhaust all the 
profits of our Voyage, besides the ruin of our ships & Ladings. 

2ndiy^ That either to preserve our ships from the worme, we must be 
obliged to ride in the freshes (marshes) of the Rivers, w^^ is almost ever 
fatal to our Seamen, in the sickly season, and occafions the rotting of our 
Cables ; or elfe we must hazard the loss of our ships by the worme to 
preserve the Lives of our men. 

3***^. If a Convoy should happen to arrive, (w^** we don't expect) and 
we be permitted to sail late in the yeare, we can reap no benefite by such 
Convoy, the roughnefs of the weather at that Season soon parting us, 
and being once separated from the Convoy, and deprived of their protec- 
tion, the ships become an eafie prey to the Enemy. And we suppofe 
this Hon^^^ Board is not ignorant that ships at that time of the year are 
much more exposed to the Enemy than at any time in ye Summer, there 
being then few men of war out to curb the privatiers, as at other times 



92 CALENDAR OF STATE PAPERS. 



1705 during ye summer, besides the danger of tempestuous weather, which 
joined with the danger of privatiers as aforesd, has given too sad a de- 
monstracon of the inconveniency of such unseasonable Voyages, & was 
dearly experienced by the Virginia ffleet und' Capt. W"* k Capt. Sy- 
monds in 1 703, and the West India fleet last flPall. 

4*^^^^. Several of our ships begin already to. be leakie, and if we con- 
tinue in the Country, must be in danger of perifhing, to the great lofl" of 
our owners & fFreighters & of her Matys. Revenue. 

We could enumerate many other bad consequences of our lying here 
all summer, but what is above being obvious to yo' Excy. & Hon", we 
shall humbly submitt them to y' prudent consideration, not doubting but 
that they will abundantly satisfy yo' Excellency & Hono" that our pre- 
sent request is both reafonable and abfolutely necessary to prevent the 
ruin of our Voyages, the loss of our ships and men. And therefore 
we humbly hope yo' Excy. & Hon" will grant our peticon — With hum- 
ble Submission to yo' Excy. and Hon", we conceive that our sailing with 
her Maty, ship Strombulo is very confistent with and agreeable to her 
Maty's Royal Instructions to yr. ExcelP^, w^^ enjoins that no ships sail 
hence without Convoy ; for by the copy of his Royal Highnefses' In- 
Conieqaencet structions to Capt. Teale, (w^** y' Excy. was pleafed to favour us with,) 
of their deten- he is directed to take under his Convoy such Merch^ ships as shal desire 
^®" to come home with him, w®^ had been unneceffary if his Royal High- 

ness had not thought him sufficient to protect such ships. We pray 
leave further to inform y' Excellency and Hon", that her Maty's ships 
Strombulo is a sufficient a Convoy as any we have had in the places of 
greatest danger, when we went home in former ffleets this yeir. It be- 
ing ufual when the ffleet approach the land to dispatch one of the smallest 
ships of the Convoy to see the West Country ships into port, so that 
they have had but only a 5"^ Rate to Convoy tnem through the greatest 
danger of ye Enemy ; and this ship being a 5^^ Rate, they hope for the 
same protection from her — And at our coming out of England we had 
only a 5*^ Rate to Convoy us 100 Leagues off the Coast, and if that 
was fufficient to Convoy us out, we hope a ship of ye same fforce may 
be fufficient to convoy us home. We therefore humbly pray yo' Ex- 
celly. and Hon" to permitt us to sail for England under the Convoy of 
her Maty's Ship Strombulo, we being Satisfyed with the Sufficiency of 
ye s*^ Convoy — And that yo' Excy. will be pleased to give orders to 
Capt. Matthew Teale, Comd' of her Maty's said ship, to stay for us 
'till the 30^^ day of June next, at w*^ time we shal be ready to proceed 
with him to such port in England or Ireland as he shal think fitt to con- 
duct us to — which will be very much for the advancement of her Maty's 
Revenue, the advantage of our owners and freighters, and the infinite 
satisfaction of 

Yo' Excellcy's & Hon" most humble Servants, 

JNO. JONES, 
ABR. LEWIS, 
JOHN SAUNDERS, 
And others, masters of ships, &c. 

% June 2 ^ Permitt John Weft, Skiper of y* sloop Fortune, to take and Lade 

Accomic 






] * These bear iis perfect imprcnions of the teal of office re/erred cc, 

•x 

m 
I 

t 

* 

« 



CALENDAR OF STATE PAPERS. 9S 



on board ye said sloop from this District twenty hhds. Tob% & ye same 1705 
to transport to York River, and put on board ye ship Merchants adven- 
ture, Capt. Peter Wallis, Mas'"", Caution being Given to me for y* two 
ShiU- p. hhd. 

Given under my Hand and Seale of my office, this 2**** of June, 1705. 

HAN. CUSTIS, Nav. ofF. 
Also, 

Permitt Mathew Moore, M' of ye Shalloop Owl, to take and Lade, 
&c., &c. 



Exch«% 15 — 01. Virginia, July y* 7"*, 1705. 

Thirty days after sight of this, my third bill of Exch*®, my first or 
Second not being paid, pay or caus to be paid to M' John Lory or order, 
the sum of fifteen pounds, one shilling sterling, .being for ye Countrys 
Dues and fees of the Loading of the ship Robert, and you will obleidge, 

Your Humb. Sert., 

GEORGE EBBERY. 
To M' George Mason, 

Merch**, In Bristol!. 



Return of her Majesty's Revenue arising out of Export tax, 2 shills. July 23d 
pr. hhd. on Tobacco, from York River District. Y^^j^ 1^.^^^ 

MILES CARY, Receiver Virg"^ Dutys. DUtrict 

Petition of William Bird, Robert Bird, Ralph Booker, William Hol- 
comb, James Baughan, Rich** Coveington, to Gov. Ed. Nott, to take up ^^^^^ **^ 
*' Eight Thousand Acres of Land lyeing in King and Queen County Petition 
and in King William County," in the fork of Mattapony River, above 
the Land of Collonell Augustine Warner, &c. 

* Virginia, (T. 

Anne, by the grace of God of England, Scotland, France & Ireland, October i» 
>ueen. Defender of the faith, &c.. To William Robertson, Gent. ^„ j^^bert- 
rreeting. We do by these presents Constitute and appoint you to be ion commii- 
Clerk of the Generall Afsembly of this our Colony and Dominion of "one<l Clerk of 
Virginia ; Hereby giving and Granting unto you full power and authority ^^bly *" 
to yo*^ own proper ufe and behoof to take and receive all sallarys. Fees 
and perquisites whatsoever belong to the office of the Clerk of the 
Generall Aflembly 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 full and ample 
manner to all intents and purpofses as any other person heretofore hath, 
or ought to have enjoyed the same — To have, hold, execute and enjoy 
the said office during pleasure. Witness our Trusty and welbeloved Ed- 
ward Nott, Esq', Lieutenant and Govern' General of Virginia, at Wil- 
liamsburgh, under the seal of our Colony, this 22** day of October, 1705, 
in the fourth year of our Reign. 

EDW. NOTT. 



* Thisj the original documenti bean the Colonial Sea*, under Anne, dilfering from that used 
in the reign of William III., in having the wordi << Semper Eadem " on a icroU at the base, in 
« addition to the other mottoes and devices usually seen. 



94 CALENDAR OF STATE PAPERS. 



1705 To his Excell^, Edward Nott, Esq% her Majtie's Lieut"* & Gov' Gen" 
of Virg% & to the hon^^* the Council of State : 

The humble Petition of Philip Lightfoot, 
Sheweth, 

That y' pet' haveing complained to the Court of James Citty County 
Su^^*V°' against William Drudge, for beating y' pet" negro, named James, the 
in the cue of s^' Court, on the 6^ of October, 1 705, upon hearing the matter of the 
a negro ordered sd. Complaint, did Order that the SherifF of the sd. County shou'd take 
to be whipped the sd. negro into his custody, & see him forthcomeing att the next 
Court, there to receive thirty-one lashes on his bare back, well laid on, 
att the Comon Whiping post of the sd. County. In which sd. Judge- 
ment there being many errors, to wit : the sd. judgment is not warranted 
by any Law, k many other errors ; wherefore y' Pet' prays he may have 
a Supersedeas to the sd. Judgment, that itt & the proceedings thereon 
may be examined before y' Excellcy. and the hon^^® the Gen" Court ; 
and y' Pet' shall pray, &c. 

I am of opinion that for the errors suggested 
in the peticon k other errors in the sd. judg- 
ment, there is just cause for a Supersedeas. 

JNO. CLAYTON. 



Portrait ind 
Arms 



• To the hon»»^* Gen" Aflembly : 

Miles Cary, W"» Buckner, & W"» Robertson, Attorneys of Coll*' 
Francis Nicholson, 

Humbly Shew, 

gpg<» Anne't That y* sd. Coll® Nicholson, while Governor here, did procure the 
favour of her Majesty to bestow her Royal picture and arms, to be set 
up in the Capitol. That for the pafling of orders of Council and other 
warrants, and for defraying the charges in puting the said picture and 
arms on shipboard, the said Governor Nicholson, by M*" Thraile, his 
follicitor, expended the sum of Eleven pounds, thirteen shillings St., as 
by an acco^ herewith produced may appear. Wherefore the said Attor- 
neys in behalf of the sd. Coll® Nicholfon, pray that the said sum of 
Eleven pounds thirteen shillings St' may be repaia to the said Coll® Nich- 
olson, it being paid by him for the publick service of this Country. And 
the pet' shal ever pray &c.. 

Enclosed account as pr. above. 
F. N. 

An account of the Charges for Obtaining the Queen's Picture and 

* This document U that endoned — 

November id, 1705. 

By ye Council— Re/erred to ye coMideracon of the home of Burg. 

WIL. ROBINSON, Clk. Genl. Au. 
November ^d, 1705. 

By ye hoiue of Burgetiei —Referred to ye Com*tee of Claimei. 
Claims rejected ^jL. RANDOLPH, Clk. H. B. 

Rejected u being no County Charge. 1 



CALENDAR OF STATE PAPERS. 96 



Queen's Armes, with two Carved guilt frames, for her Maj"** Province 1705 
of Virginia : 

'70^. For an order of Councill for the Picture, £ 2 126 

p* for a coppy to Com" of Trade, 5 

For ditto for Queen's Armes to L^ Marshall, 2 12 6 

pd. for a coppy to Com" of Trade, S 

'703 . For ye L*^ Chamberlaine's 3 Warr** to S' G. 

Kneller, 
^p. Sfco**". L** Montague & her Maj""* Frame maker, 

pd Clerk's Fees, o 15 o 

pd. Chamber Keeper, 026 

June ^>*^. pd. Fees at Treasury for Counter Signeing 

L* Chamberlaine's Warr* for Q. Arms, &c., ^ 0176 
En*^, 
July s**". pd gave S"" G. Kneller's chief man, M""' 

Bland, Clerk at ye Wardrobe, frame ma- 
ker's Serv*, w*** Cartage, Porters, and Boat 
hyrc to Key, 
Pd. M' John Thrarles. 



o 



^C^^t: of Amendments proposed by the Council to Bill Ent, An Act Nov. %\A 
for ^ *^r^ i^roving the staple of T obacco, and for regulating the size of To- 
ba<^^^^ liogsheads. 



:es " overseers being Freemen " responsible for the " tending, or inferior To- 
ca^sing or suffering to be tended," any seconds, (inferior quality of To- b»cco 
baccro^ under penalty of five hundred pounds of Tobacco for every 
titb^l>l^ person employed by him on the plantation, &c. 

*^*"ovides for proper form of presentations before Justices of the Peace, fsIm Packing 
any person accused of *' false package of any Hogsh* of Tobacco," &c. 
Sa^d Hogshead to be duly inspected by '* skillfull planters," who are to 
^aVe report thereon on oath, &c., before one or more Justices of the 

Provides that all coopers or other persons who " set up tobacco hogs- Hh<u. to be of 
*^^^ds,*' shall make oath before a Justice of the Peace, that they will not lawful lise, &c 
^^ke, or cause to be made, any of a larger size than as required by law — 
tViat the said hogsheads shall be by them "tared " with the proper weight 
thereof either with a marking or branding Iron, upon the " Bulge and 
\\ead/* ** together with the first letter of his proper name and sirname." 
Certificate to be taken of the Justice of the oath made. 

Provides against the shipping upon any Kind of vessel, or disposing of pg„,jj 
in any way, hogsheads not of required size, or made of unseasoned tim- 
ber, or staves too thin, or not marked and branded as above mentioned, 
under penalty of " five hundred pounds of tobacco," &c., and that *'one 
moiety of all fines, forfeitures & penalties," accruing from breach of this 
law, shall be to our Sovereign Lady y* Queen, &c., for and toward ye 
better support of this Government, &c,, " and the other moiety to him 
or them," who shall inform, kc. 

For the due execution of this act, any Justice of the Peace may issue Execution of 
his warrant to a constable to bring the offender before him, and upon ^^^ 
Judgment being passed, to require the Sheriff or his officers to levy, A;c. 



I 



'if 



.4 



V 



06 CALENDAR OF STATE PAPERS. 



\ 1705 The same proceedings to be followed in any court of Record. Three 

^ days allowed to the accused, after serving the warrant, before his appear- 

' ance at the Court ; but if he fail to appear, trial to proceed as if he were 

jS present, &;c. 

j The provFsions of this Act not to be construed as prohibiting persons 

] or *' freighters " from shipping their own tobacco in hhds. of lawfuU 

size k not ** tared '* or marked as above mentioned, &c., provided the 

\ same be not exposed for sale, '* directly or indirectly in ye Country," &c. 

] By order of the hon" Council. 

I WIL. ROBINSON, CI. Gene^ Assembly. 



Prciervation of AMENDMENTS to the Bill entitled An Act for the better preser- 
Dcer vation of the Breed of Deer, and preventing unlawfull Hunting. 

In the I iSieet, 16 line. Strike out the word (January) and Insert De- 
cember. 

In the last line strike out (August) and insert (September.) • • * • 
Provided also, that nothing in this act contained shall extend or be con- 
strued to extend to any person living or being upon the Frontier of this 
Colony, who shall kill any Deer for food for the necessary subsistance 
of himself or family — so as such Person do not sell or dispose of the 
skin of any Deer so Killed. And in case any person shall be presented 
for Kiliing Deer within the time prohibited by this Act, and such person 
shall alledge that he Killed such Deer for food, for the necessary subsis- 
\ tance of himself or family. The onus probandi shall lie on the person so 

prosecuted. 

By Order of the Houfe of Burgefses. 

BENJ^ NEEDLER. 



Certain Amendments to the Bill imposing a Duty on imported slaves, 
to be paid by the purchaser, &c., and providing for a duty on slaves ex- 
ported from the Country and brought back. 

Proposals, for improving the Staple of Tabacco and advancing the pub- 
lic creditt. 

Storehouiei It is proposed that all debts, public or private, payable in Tobacco, be 

and wharyn brought by the Debtor to one or more publick storehoufes and wharfs, to 
be erectea by Act of Assembly in each County, according to the extent 
^ thereof; by this means the 10 p. cent, now raised for collecting all 

publick dues, and which very much increases the levy, will be saved. 
Agent That in every County a person of good reputation and Knowledge 

in the tobacco trade be appointed, under the name of the County Agent, 
•J to view, examine k receive all tobacco paid away for discharge of pub- 

I lick or private Debts in that County, which shall be brought to the afore- 

4 said Storehouses, and to no other place. That the said agent shall give 

. j good security, and also be under oath, for the due discharge of his office, 

•r That he shall receive no tobacco, but what he shall find good and unex- 

ceptionable ; that he shall be liable likewife to a severe penalty for the first 
. i offence, if he pays away any tobacco that is not good or is unlawfully 

'\ packed ; and for a second offence, be liable to a like penalty, with loss 

of oflice and incapacity of serving in that or any other thereafter. And 
• because merchants and others confiding in the honesty of the Agent, 



CALENPAil OF STATK PAFgRS. ^ 



\wlJ m^c tb^ tolHl^cp riifreivc^ by him ^poo hip OWA QfPiiU Wi«*PVt «^ l7Pf 
amining it, it is proposed t|iat thffc he pnHlfr^W mark^ f<Pr weh ^Wfityi ^^^ 
with a penalty upoq the Counterfeiting tberpgf, ^ni that tf ^DY bogfhd, 
of tobai^co having sgch mark be found unso«n4» Pf dQ^pitfutfy p^ck'^i 
the Agent whg^ i^ark it b^af^ be ligbl^ to the pt?n*)ty (ql paying «way 
such tobacco. 

T\m the Cpum^ Agent ^M cpni t^mtly iittend ^^ring thf tinips for Ac«at*t anea- 

rqrciviiig tQb^«:p (i^unoayi, Court'4ay# & hoJi4*yf f 3WPPW<1) ^t thp pub^ *"«« 
lirt ftor^hpuse, or if tbroygh tfee length qf th^ Cwnty, jt b(pcoip^ nf>« 
pps^^iy tq have ipqr? storf hQH«e^ than pn^ ; then «t pj»ph in thfir tmrn^ 
giviing public npti^c of thf tii^e^ pf hi^ ^tt?n4ancf ^t e^ch r<?^pe^tivf ly 5 

9n4 wlwn gny qwntity qf tobgpcp i^ brpugbt by ^ny pprwin» the Ag^nt 

shall be qblJBe^ tP giv? hipi ^^ m^ny npt^s »f b^ s^\l r^uira fpr th« 
diwfcwgc of hi? apvprjil Dphts tp the fyjl qi^ptity pf tte tPbacpp 4f^ 
Byerptf i ?nd that IMCh note$ (hall bf recpjv^jd in 5lU tobaccp paymentf, 
Wh^th^r publif: or prjy^t^, an4 «ball be tranpferahk from on« p^r^n tq 
^npther wUhout thp n^^cessity pf endorsemitnt. an4 P4>4 by the AgPntf 

wh^ n^ver demanded, 

That if any Debtor shall neglect to deliver his tobacco debti to the Debton and 
County Agent at the times publickly notifycd fof receiving ye same, he Crediton 

shall be liaole to the payment pf an interest of pr. cent, for each 

nuMth chqreaftef, uotill the same be paidf half of which interest to be 
paid Id the Creditor for his disappointment, and the other half to the 
Agent for the trouble of his attendance ( and that po^i^er be also given 
by law to the Agent to destrain for such tobacco debts. That for the 
greater ease pf the people in the discharge of their l^evys, and the more 
ready payment of publick Creditors, It is proposed that at every County 
Court, from the time of laying the County levy, till the last day of FebK 
ruary, the sherif of the County A; Chnrch Wardens of each parish shall 
attend and account with the ppopje for all their publiek dues, which dues 
shall be discharged by the County Agents' notes, and the sai4 notes im* 
mediately paid away to the creditors to whom the sama are pr^ered-^^nd 
that a moderate allowance be made ye Sherifs k Church wardens for this 
trouble, to be raised either by the publick or by the Countys and par- 
ishes. 

That for the encourM;ement of the Cpiinty Agent, ^^d fpr hi^ trpi|ble ComfmmiCm 
in repacking the several p^ccU pf tobacco brought to hin?» be be pai4 

pence current qioney for every hun4re4 weight pf tpbaccp paid 

away by him in a hogshea4, together with an allowance of thirty pounds 
of tobacco for the cask, to be paid by the Creditors or person to whom 
he sells his tobagco ^ Provided, thjit no hogshead pf sweet scented tobacco Sweet-tccated 
epntain less than 650 nejit, nor one hpgsh' of Aronocq less than 500, J^^"""*** 
That AoCwith$tan4ing thirty pounds pf tobacqo be allowed the Agent per **" 
Cask, yet if any Debtpr sh^ll pay his debt in cask, the Agent .shall not 
be obliged to make him the sgme allpveance, but swl only pay tyventy 
pounds of tobacco for such pask. the other t^n being allowed him f^T 
the treuMe of Cooperage. And for preventing all unreasonable multi- 
plying of notes, n^hich $ome may deixumd purely tp create trouble to the 
Agent, he shall be allowed t!^ of tobapco for every note tp deliver out j 
And for all tobacco that shall be left in the Store after publick notice Is 

S'vcn to the owners to receive it, the same storage sha.« be paid, as is 
rficted by an Act appoiating R«wUng honIbB, kc. And because t<^ 



98 



CALENDAR OF STATE PAPERS. 



1705 bacco lying in the hands of the Agent will be liable to loss of weight, 
be shall for such loss be allowed pr. cent. 

Advantaget of The ADVANTAGES of this project, besidcs the leflening the Levys at 
this ict least a tenth part, will be many. It will prevent the Exportation of all that 

Trash which' now mines the Trade. It will oblige the Planters to make 
only that which is good, whereby the reputation of the Virginia tobacco 
will be again advanced. It will raise the public Credit, since tobacco so 
received, will be as valuable as any other in the government. By this 
means all Services done for the publick will be cheaper. Artificers will 
be encouraged to work for tobacco, seeing they may hope to be Justly 
dealt by, and that what is paid them will turn to some account, reople 
will be no longer deceived by false package, nor the justice of the Gov- 
ernment reproached for the faults of dishonest Jurors and Viewers. The 
importation of money into the Country will be encouraged by obliging 

/ the Exporters of tobacco to pay the Agents in specie, and the in- 

convcniency of ignorant or negligent Receivers entirely removed. 
Freight will be lessened, because ships will find quicker dispatch in their 
Lading, having the advantage of taking in so large a quantity of tobacco 
at one place. 

Ix is proposed that the persons appointed County Agents in each neck, 

shall meet among themselves, and shall agree upon y® most proper places 

for erecting storehouies for ye conveniency of the people, and shall 

divide ■' into Districts, without regard to the bounds of the County, 

each of which agents shall have His particular District and storehouses 

allotted. 

Locatinf and That after such places for Storehouses are chofen, the proprietors of 

cott of build- the land shall have it in his election, either to build ye storehouses & 

Inf icorehoQsea reserve a yearly rent, or if lawful, the agent may build them himself, 

and if neither of them will build, the County Court shal value ground 

sufP to build such storehoufes, pay ye proprietor, and erect ye Buildings 

at ye Charge of the County, and settle a moderate yearly rent upon for 

reimbursing ye charges. 



1706 

Feb. ifth 



M*^ Secretary Hedge's letter to Ed. Nott, Esq^ Her Majesty's Lieut. 
& Gov. General of Virginia, &c., announcing her Majesty's decision 
that masters of VeiTels, loading in the waters of Virginia and not ready 
to sail with their eonvoys, may clear and sail as soon thereafter as they 
can, not awaiting the arrival of another Convov^ kc. 



Feb. a4th 

York county 

Mode of 

appoindng 

iheriira 



At a Court held for York County, Feb. 24"^, 1706: Whereas, by fc 
Late Law Entitled an Act, jpTcribing y® method of Appointing Sherriffe, 
&c., It is Enacted that ye Court of every County w"in this Dominion, 
at some Convenient time between ye Last day of Jany. & ye last day of 
March Yearly, shall p'fent to ye Governo' or Comand' in Chiefe of their 
Dominion for ye time being, a List, a Recomendacon of three such 
p'fons (being Justices) in ye same County Court Respectivelvi as they 
shall think most fitt k Able to Execute ye office of Sherriftc; of their 
Respective Countys for ye year then next Enfuing. 

It is therefore Ordered y' ye Clerk Return to y* Governo' or Comand' 
in Chiefe for ve Time being, before ye Last day of March next, a List 



CALENDAR OF STATE PAPERS. 9S 



of Capt. W» Simpibn, M' W- Barbar, &; M' W* Pinckcthman, who 1706 
are by this Court thought most fitt tL able p'sons of ye Justices of this 
County to Execute ye said office of SherriiF. 

Cop» Tcs^ 

W TINSLET, Clk. Cot. 



Rob^ Bell, aiFedavit relating to ye CompLint of Charles Roisett, jeb. sSch 
Scr*^ to M' James Bray : . ^ 

•^ ' Jamct City eo. 

That fome time in Octob' Laft ye said Rofsett had a new • * * 
shirt, a p* of leather britches, i pr. of shoes, i old flanell weftcot, w^ ShSfi«Tiiit 
is all ye Clothing has been allow'd him since ye year 1704, and this 
Dopo^ saith that he has lain on y*^ ground by ye * * * ii^ side all 
this winter, fiiveing about one month or there abouts \ he had a bed and 
two bbnkets, beine allowed him in his ficknes, and some little time after 
his recovery; and further saith, that he heard ye fd. Roflett say he had 
bin to Complain to a Majistrate a bout a week paft, and that he had ac- 
quainted his Miftres of ye fame, and this Depo^ did likewife here his 
Miftress sav he had told her of ye fame, but att ye same time order^ him 
to take ye id. Rofsett and strip him naked and give him thirty-one Lashes * 
on his bare back, which accordingly he did, and after ye Executing ve 
sd. ord', this Dep* heard his Miitris say : now you may goe to Juftis 
Manblc and Complain agin. 

Sworne before us ffcb. 28*, 1 70J 

GEO. MARABLE, 
WILLIAM BROADNAX. 

To which is appended the following : 

James City County AT: Teusday, being y* 26*** Day of flFebry., I being 
Conftable for that part of bruton pariih in y* County above mcnconed, 
I went to serve a summons on M" Mourning Bray, wife of James Bray, 
By vertue of a Compl^ of a man serv' to ye s^ Mourning, that was made 
to Capt. George Marable, for Til ufage to ye %^ P by name Char. RoiFet, 
Being at ye fd. Bray's house, and had done what I was Comanded by 
Juftice Marable, she made anfwer y^ Marable might have had more 
man" than to have sent a summons to her, and y^ if M' Bray, meaning 
her huflnnd, had been at home, he Dare not have done it — but Threaten- 
ing if she was a man how she would handle Marable. 

Thursday being by ord aforefd. att ye house aforesd., to serve a war- 
rant on Mourning Bray, to Bring her, ve sd. Mourning, before Juftice 
Marrable k Juftice Brodnax, or some otner of her Majestye's Juftices of 
e peace, which she refufing, saying y^ her Daughter was gon out with 
icr sadle, and y^ she Could not Ride any but her owne hors, and shewing 
her a horfe, wnen she aleaged she haa none, her answer was that she 
would not Lett her people go to play or be Idle for a f * * t, and that 
Marrable might have more manners, and further she would not go on 
foot so hx for Marrable, and farther saith not. 

Sworne before us iFeb, 28, x 70}. 

GEO, MARABLE. 



1: 



* Tbii if the Kcond cue lo which tMirty^omt Uihet were laid on, ioitead of the thirty-olae 
PscnUr lappoMd to be th« prcKribed noinber in pnnithmeDt bji itripcf. 



i&o 



GALttMbAFt OF STATfi PkPtkS. 



1766 

March &8th 

WUlUmsburs 

Witchcraft 



Attorney 
Oeneral*! 
opinion 



April lit 
Writ 



At t C6urtcil held at her Majesty's koval Capitol, the 28^ day 6( 
March, t'fdb, prtfeilt— -Hfs Ejtcellency in Couhcil: 

Luke Hill, by his peticoh, informing this fioard of one Graced Sher- 
wood) of Princefe Anne County, being suspected of Witchcraft, upon 
his CompP to ye County Court y^ she had Bewitched ye pet" wife, ye 
Court ordered a Jury of Women to ferch ye sd. Grace Sherwood, who, 
upon search, brought in a Verdict ag' yi sd. Grace. But ye Court hot 
knowing how to proceed to Judg°*' thereon, The pet' pray^ that ye At- 
torney Gen^^ may be directed to prosecute ye sd. Grace for ye safttie. 
Ord" yt y** sd* pet®° be referred to M^ Attorney Gen" to consider & ftf- 
pbtt his opinion to his Sxcelly. & y* Council on ye first Day of y^ next 
Gen" Coilrt. 



Virginia, Aprill y® 15***, 1706 : 

Upon peruiall of ye above written Order of this Hono^^® Board, I dd 
consider, k am of opinion, that the County Court ought to hav^ made 
21 fuller Examination of ye matter of fact & to have proceeded therein 
purfuant to ye Directions k power, to County Courts given, by a Late 
Act of Aflfembly in Criminal cases, made and Provided ; and if they 
thought there was sufficient caufe to have (according to that LaXiv,) 
Gommitttd her to ye Generall prison of this Colony, whereby it would 
have come regularly before ye Generall Court. And whereupon, I (bould 
have prepared a Bill for ye Grand Jury, k if they had found it, I fhould 
have profecuted. I therefore, with humble submifsion« olFer & conceive 
it proper, that ye faid County Court do make a further enquiry into ye 
matter, U that if they are of opinion that there be cause, they act accord- 
ing to y® above said Law. And! shall accordingly be ready to p'4ent k 
Bill, k if found, proceed thereon. 

S. THOMPSON, A. G. 

Virg» ft. 

These are in her Maj^ name to will and require you to arrest the 
body of Ed"^^ Taylor^ and him in your safe custody to Keep 'till he en- 
ters into bond W^ gck>d and sufficient Security for his appearance before 
the Hon^^® the Gen^ Court next comeing, on the Third day thereof, ac 
her Majty., Queeii Anns Royall Caphol, in the City of W^^iurgh^ then 
and there to answer the suit of Tho. Sharpe, Clk., in an accon ^f Case 
damage fifty pounds ster^ ; herdn fail not — also make due returfie hdfeof, 
together w^ an attested cOpy of the bail bond to the Sec^'" office. 

Dated this i"* Day of Aprill, t*ft>6. 
To the SherM" of 

Surry County. Test. 

CHAS. CHISWELL, Clk 



Sapenedeaf 



Upon a Supersedeas granted to a Jude"^' of the Court of James Citty 
County, the sixth of March, 1 705, Ag"* Sf our hing Bray — the sd. Mourn- 
ing Bray doth afigHe fer error the causes followii^ : fFor that the sd. 
Court ordered the sd. Mourning as Attorney to Capt. James Bray to 
pay five pounds ster^ for her own contempt 1 for that the sd. Mounting 
being a feme covert, eottld not, by law, be compelled to pay the sd. &re 



GALUNbAR OF STATE t»A?fiR8. 2&i 



pounds : for that the sd. Mourning did appeale from the sd. judgm^ but tjbb 
Was t^std ill by tht 9d. Coitfti 

Nb Ell*' S. T. A. O. pfv k^n^, 

J. CLAYTON. 



II ^ t < 



To his Excelly. Ed. Nott^ Esq', her Ma***" Lieut, k Gov. Gehll., ic, April 19th 
&c., and the hon***" the Geherall Court in Chancery : ^. . ^^ 

The peticon of Robert Carter, Esq% sheweth, injunction 

That one Maurice Jones, of Northumberland County, in this Colony, 

llath wrongfully poiTefsed himself of a certaine tract or parcell of land 

in Wieocomico parish, in the said County, containing about fifty acres^ 

in wh. sd* Land yo' peticoner hath an Estate in iFee, and that the said 

Jones hath comitted diverfe great Wastes, and doth continue soe to doe 

upon the said land, by falling of Timber, grubbing up of Trees and 

howeing up, planting & tending the soile, to the great prejudice of your 

peticoner; notwithstanding y^f peticoner hath given the said Jones 

notice not to proceed in his comitting waste upon the said Land, and 

notwithstanding yo' peticoner hath Endeavoured to prevent and hinder 

tbe said Jones from comitting such waste. 

Wherefore yo' peticoner praies that this Court will be pleased to 
grant her Maj^^**' writt of Injunction, to restraine him, the said Jones, 
from comitting any further was^e ppon or howeing up the Land or 
■otherwise. 
And yo' peticonc^ shall ever pray, &c. 



Anne R* April aoth 

trusty and Welbeloved, We greet you well ; Whereas, it has been court at St. 
wpr'esented by our Trustv and Welbeloved William Blathwayt, Esq', James 
0*^ Auditor Generall ot Our Revenues In America, That upon the Queen's 
last accompt 6f our Revenue of Quit Rents arising in Virginia, made wtmnt 
^P ^nd rendered by William Byrd^ Esq% our Treafurer or Chashier of 
<>ur said Revenue, since deceased ; There was then remaining in the 
hands of the said William Bryd, the sum of Five Thousand seven hun- 
dred fifty-two pounds, nitte shillings and Four pence — Whereof the sum 
^f Three Thousand pounds has been already paid into Our Exchequer 
here. We do hereby signify unto you our will and Pleafure, that upon 
Receipt hereof, you give the neceftary Directions to the Executor or 
Executors of the said vVilliam B) rd, deceafed, that he or they do forth- 
with remitt over the Residue of the said sum of JG5752, 9. 4, being 
Two Thousand seven hundred Fifty Two pounds, nine shillings and 
Four pence to his or their Correspondents here, to be bv him or them, 
wreupon paid into the Receipt of Our Exchequer. And So We bid 
ron heartily Farewell Given at our Court at S* James, the 20*** day of 
^Prill, 1706, in the Fifth Year of Our Reigrt. 

Bv her Majesty's Cdmand. * 

GODOLPHIN. 

^Pour Trusty and Welbeloved Edward Nott, Esq', 
Our Lieutenant atid Govefnour Generall of Our 
Colony and Dominion of Virginia, and to our 
QoV€rHOur or CMiander ih Chief thereof, for 

^^ timelftfitg. 



lOS 



CALENDAR OF STATE PAPERS. 



1706 

May 16th 

WUtehflll 

Victory OTer 
the Trench 



May 30tK 

Newt from 
Barcelona 



Sir— 

I send this by a flying Packett, hopeing it will oveitake the mail, to 
acquaint you with the good news wee have this evening by Exprefs 
from the Duke of Marlborough, who on Sunday last gained an entire 
and glorious Victory over the French Army in Flanders, all the Enemy's 
Canon, being upward of 60, are taken, together with the Bread Wag- 
gons and the Baggage the French had with them. Colonell Richards, 
who brought the great news, says there are 6000 Prisoners, and amongst 
them 400 officers taken, that the Xjens d'Armes and the French Troops 
of the Household was almost all cut ofF, and he believes there are in all 
14000 Killed and taken. I have ordered a printed paper, which will 
come out late to*night, to be sent to you from the office, which will 
give you some more particuhrs, but you must expect a fuller account by 
next mail. The Duke of Marlborough was near Louraiti when the 
Express came away, and taking measures still to improve this Victory, 
which is the more considerable, being so early in the year, but he was 
particularly designing to Secure a Pafs at Wederysch, by which Bruxelles 
and some other considerable Towns will fall into his hands. 

I am, S% 

Your most humble Servant, 
Coll. Nott. C. HEDGES. 



Sir— 



Coll. Nott, 



I have writt to you so lately, that I had not troubled you now, but 
upon the happy occasion of tne good news We received this morn- 
ing by an Express from Barcelona, which I am confident you will im- 
prove for Her Maty" Service, and the good of the Common Cause by 
publishing it, sb as that it may reach the Spanish Plantations, and incite 
those People to follow the Example of their Countrymen in Old Spain, 
by signalizing their Loyalty for their natural Soveraign King Charles the 
Third, & freeing themsdves from the oppression of a French Govern- 
ment. I must refer you to the. enclosed print for the particulars, and 
remain 

Y' most humble servant, 

C. HEDGES. 

P. S. — I also send you enclosed a Continuation of the great and 
elorious Progresses the Duke of Marlborough is making in the Nether- 
lands. 






Ameadmenti ^* ^^ ^^^ ^^ ^^^ '9*** ^^^^ ^^^ ' ^^^ ^ ^^ further Enacted that if any 
to lA act to tup- Justice of the peace shal wilfully and willinglv commit the performance 
prcw rice, ftc. of his duty in ye Execution of this Act, he snal forfeit ye sum of fourty 
shillings current money, the one moiety to the ufe of the Informer to be 
recovered by action, suit, bill or plaint, in any Court of Record within 
this Colony wherein no efsoign protection or Wager of Law shal be al- 
lowed, nor any more than one Imparlance, And the other moiety to the 
ufe hereafter mentioned. 

At the end of the 3^ Line add, And be it further Enacted by, &c«, 
* * * that this Act shall be publickly read tw</sevcral times 



CALENDAR OF STATE PAPERS. 108 



\ 



in the year in all parish Churches and Chappels within this Colony, by 1706 
tbf Minister, Clerk or Reader of such jparish, immediately after divine 
fervice. That is to say, on the first or second Sunday in April, and on 
the first or second Sunday in September, under the penalty of twenty 
shillings for every such omiffion k neglect, and the Church Wardens 
of every parish are hereby required to provide a copy of this Act at ye 
chstrge of ye parish ; Provided always, that nothing herein contained 
shall be construed to extmpt any Clergyman within this Colony who 
shall be guilty of any of the crimes herein before mentioned^ from such 
^ther punisnment as might have been inflected on him for ye same be- 
fore the making of this Act, anything herein contained to ye contrary 
notwithstanding. 

Test. 
. WIL. ROBERTSON, Clk. Gcnl. Assembly. 

To his Excly. Edward Nott, Esq', her Maj*'^' Lieut. & Governor Gene- June 19th 

rail of Virginia, &c.: Prtition 

May it please your Excely. — 

We, her Majesty's dutifull and Loyall subjects, the BurgeiTes of this 
her Colony and Dominion Virg^, now Afsembled, humbly begg Leave 
to represent to your Excelly. that we have taken into consideracon the 
complaint of Edward Creekmore, Henry Dale, John Creekmore, Ed- 
mond Creekmore, Richard Hodges and Roger Hodges, Inhabitants of 
Norfolk County, within this Dominion, and that thereupon it doth ap- 
pear to us that the Rent Gatherers of North Carolina, in the name of 
the Proprietors thereof, have for some time past Demanded and mad 
Distreff for the Quit Rents of severall Parcells of Land, which they 
hold by virtue of Patents granted by S' Edmond Andros, Late Governor 
here; and that the said Complainers, by means of the said unjust 
proceeding ly under great hardship, and that for remedy thereof, we 
conceive it neceflary the Bounds of this Dominion, next to North Caro- 
lina, should be Laia out and ascertained as soon as conveniently may be ; 
but for as much as that work may remain unperformed for some time. — 

We therefore pray your Excly. to take such measures as you in your 
wisdom shall think most Proper for the future prevencon of the Like 
hardships to the said Complainers, or any other of her Majestys Subjects, 
who have the happiness to Live under your Excly's Government. 

By order of the Houfe of Burgefses. 

B. HARRISON, Speaker. 



Governor's Anlwer to Burg" Addrefs, ab* Carolina, &c., &c. June 22a 

Gent — Reply 

I have considered y' AddreflT for Discontinuing the restraint on ye 
Lands on ye s^ side of Blackwater Swamp & in pamunky neck, and 
lake this opportunity before I conclude this fession to acq* you of my in- 
tentions to comply with y' defirc, after I have advifed with the Council 
in settling' proper Rules tor preventing all disputes that may happen ab* 
priority of Entrys. I shall forthwith give directions for laying upon the 
Land in pamunky neck. And whenever ye bounds of this Colony on 
ye s"" side Blackwater Swamp are fettled according to ye Act agreed on 
this Seiston, the like permission shal be given for making entry there. 



IQ4 



CAL5NPAR OF STAT5 PAPERS. 



ij^ 



Jnly4ili 

WhitehaU 

Madrid 
declared fat 
Charles III 



Aag« lit 

Charles 111 
proclaimed in 
Spain 



Aag. 6th 



And Hf to y' AddFcflf in r#i9tk>Q t^ y< ^unis ^wc«p t)iis CploBy 4^ 
Cgri^n^ ft for l^^v^^tios ;|if ^o^roi^rbmrorp qf tjw Gov^rnioi^nt, I 
Imv^ 9^rq^f worjtt tp tfcf (Jqv' pf CfM^oliilg, 9iMl «Wl V^tc U) him to pro^ 
Mbit€ any »mcb S^n^ipa^bm^n^ M^Ul Uftofi; bwii4;B hup vMnst^ ; and in 

{• mtW^m^ *4l take rU th^ p^fi? I c^ fq jarotf c^ h^r Maty's subj«» 
gHing by Virg* patents him *ny dift^rb^ncc from y* Qov^rnmcfU. 



I ^a4 this in lippc^ it i»ay qytxUik^ yp Wwt JqiJU p?cq* 3Q»t bi^for^ 
«b« gQ<W off, tP apqwiat ypw with yr good pf ws wc received yi;^r4?iy 
by an Express from S*' StaiFord Faireborne, who comm^ ye Sqiiadrpt of h^ 
Majesty's ships before Ostende, of tbc ^urrend' of that place Ye officers 
that 9Qmc fjroim tlwncfi 3ay tbfre wfi« advice of JCing Charles ye 3*'* Ar- 
rival! at Madrid, that place having declared for him, so that we have no 
reasQO to doubt but that in ^ vpry short tiQie all 3pain wiU h^ve followed 
that example. And we hope ye Spaniards in ye We^t Indies will qpt be 
backward to do ye same, and to show their Loyalty to their Naturall 
Soveraign, and throw off ye yoke of a Forreign Tyranny. 

Yovx mo^t bumble Servunt, 

cqli., nqtt. c. Hedges, 



■*<> 



S'-^) lu|ve sent you herotofor^ ye Continuation pf pMf good SMCceSips^ 
tf, ypu will receive by ye news sent you this nigbt ffpm ys office, an 4C«* 
count of King Charles J^'* b^ing procl^jmc^ af Madrid, who w<^ b^ye 
little r^son tp doubt is by this time poff^r of yf whole Kic^dpn^ of 
Sfnajn, Yqu wi)I take all oppoftunitys that offer pf lefting yf Spai|UM:4a 
in Ainerica hav^ ye good n«ws of the happy pro^eff of yt ' allyS) p9ir«- 
ticularly ihofe of tbe&r lawful! Soyeraign, (hat it foay encourage tbem t^ 
sbak9 ^ the yob? of a fforeign Gov^om^nt, Ik to d^claf? for his Catb.. 
Maty* I bopf it will not l^ Ipng before ) sbaji be ^hh to send you ^n 
account pf further suc^s#Qf» j% He ^t bf ing r<»dv to f»M} w^ Land Forces 
on boa^d upon some {Expedition, w^ will in siU prphabiUty b? of v^ry 
grea^ Advantage tp tye Comnion Causf , 

I am, $S y' B*P*t humbla servant, 

Cou. NoTT. C H£PGES. 



WI^'l M 



For b« Maj**'* Swvic^, 

To his Excellency, Edward Nott. Efq", her Maj*^ Lieut., &c., &c. 

Hon** Sir— 

Capt. Brown, of the ^^ Hazardous,'' haveing advised that there is not 
any supplies oi provtfions comeing from gngknd for ye skips under my 
Command, and there being a necessity for victualling here for our voyage 
home, I desire yon will be plea^d tp nv^ yt pujr$er of h^r Majesties 
ship Woolwich, under qiy Comman^^ Credit for six hundred pPUnd^ 
sterlingp to enable him to supply yf said ship with $ugb pfpvifion^ ^ 
may be had in thi^ Country, it being for bey Jfflaj** J^ryige. 

I am, with Reipect, $ir, 

Y^** v^ buTOblc ScrvS 

R. THOMPSON. 

** WooVi^k " in ye roadc of 
Kiquotan, Au^. 6**', 1706. 



CALENDAR OF STATE PAPERS. 105 



T^o his Excy., Edward Nott, Esq% her Maj^*" Lieut. & Govern' Gen" 1 706 
of Virginia: ^^^^^ 

Wee, the Queen & great men of Pamunkey Towne, in King W" mn-^„^ ^^^ 
^% humbly Ihew — 

That whereas, yo' Petition" did formerly Exhibit a peticon to this 

honourable Court, praying that the Sev" lands sold by us to her Maj"** 

Subjects might be confirmed to the sev" purchafers thereof, & that a 

Patent might be granted to us, o'* )ieirs and success*^ for the Remainder; 

^nd for as much as we can understand the greatest part of thofe lands 

^e already confirmed ; Wherefore yo" Petition", in most humble wife, 

SQpplicztc y' Excy. that if any purchafer or purchafers, have not ye land 

bid out & confirmed w^ any of them have purchafed of us, that y^ 

£xcy^^ would be pleafed to Order for ye Surveying & Patenting the same, 

^d chat a Patent may be granted to us, o" heirs, & succefs"for ye Re- 

^aiimci^r, And we (as in duty bonnd) (hall ever praye. 

QUEEN ANN/ 
M* JOHN, 
M» PECK, 
M» ROGERS, 
M» BACON, 
M» LEASON, 
M» MYUNK. 



Ca.j>c Ja. Jessop writes to the Governor of Virginia, that his instruc- Aug, ooth 
tions from His Royal HighnefT, Prince George, require him to remain 
onljr ^^^^enty davs at that place, and he therefore hopes to get all the ships 
'together to sail as soon as possible; But would be glad to receive any 
Corrmc^anjg ^Qjjy ^jg Excellency in which he " may be serviceable,'* &c. 



* ^T^ truly sorry for ye Death of our Late Good Govern', And y* Aug. 16th 
tnor^ Concerned becaufe I cant pay that Duty and Respect w^ I owe to Letterof reg«t 
the rxx^xnory of that Excelent Gent. The ocction is, my Wife & little 
jirte ^^g jjQ^jj gQ y^j-y jjj^ ^jjj^j jjj^y jy.^ nearer the grave then to Live. I 

am ^^ p'fent under so much Trouble, that I can say no more 

then that I am, S% 

Yo' most Hum^** Servant, 

W. CHURCHHILL. 




^^^^^^ Qocen and each of ** her great men** gare a dUtiactWe signet mark, which cannot be 
^^** in type. 

4btt^ • * ^^ ^^^^^ ^"^ ^^ '^^ ^^^^ ^^ Oovernor Nott teenfl to have been in doubt, thu ihort 
1^ its*^ Unpoftant u indicating that thia event must have occurred probably within a day or two 



loe 



CALENDAR OF STATE PAPERS. 



court 



NoT*r 2oth 

Warrant to 
Mr. Gary 



1706 ye Gent, sufficient to make a Court; I then ordcr'd my Und' Sh' to 
« ^^ Sum*** all ye Gen* Nominated in ye Commiffion to meet at ye Court 

MWdi«exco. House Monday 7^', 16% In Ord'' to take ye Oath, &c. On 
11 without a that day mett at s^ Court hous Jno. Grimes, Capt. Jno. Smith, 
Geo. Wortham, Ric"* Kemp, Rob* Daniel!, Roger Jones, Jno. Smithy. 
Oliv' Segar, Gcnt% all being wiling to serve as Justices except Capt^ 
Jno. Smith, who was urg'd to give his rasons why he refufed ; he said 
for reasons best Known to himself. Upon his refusall there was not of 
ye Chorum enough to sware a Court, so y* day remained w*^out any. 
The Gen* y* did not appear according to Sum"^" ware M"" Henry Thackcr^ 
M"^ Xtop'" Robinson, M' Harry Beverly, M*^ Jno. Robinson, Do' Jno. 
Hay & M' Garret Minor, w*'^ sd. Gent. I order'd to be fresh Sum^ to^ 
meet at ye Court hous Monday, October 7% being Court day, according 
to Law. M' Hen. Thacker « Do' Jno. Hay did not appear on y day,- 
all ye rest did, & all I understand willing to serve as Justices except M' 
Xtop' Robinson, Capt Jno. Smith, M' Harry Beverly & M' Jno. Ro- 
binson, who has refused to sware, & I suppose y" Gent* y* did not appear 
designes not to serve. As for S' William Skipwith's part, he has had a 
long & sharp sicknefse for severall months, w^^ renders him unable to 
goe so far from home ; so y* now ye stop of a Court is for want of one 
or two more Justices of y® Corum to sware a Court. I must make bold 
to acquaint yo' Hono" y* ye County begins to lye in confucstion for 
want of a Court. Some actions has layn above a year, & cant be 
brought to tryall, & if a Court be not in time, y® Publick nor County 
C cannot be pd. I beg yo' Hono" Pardon for this trouble, & make 
bold to subscrib my self, 

Yo' most humble & obedient Serv*, 



MATH. KEMP, Sh. M. C. 



By the Presd*-^. 

You are hereby ordered and required to pay unto M' Henry Cary th^ 
sum of four hundred pounds Sterling out of the money in yo' hands,, 
arising by the Impositions on Liquors and Slaves — And for so doing this 
shall be yo' warrant. 

Given under my hand this 20*** day of November, 1706. 

E. JENNINGS. 
To Benjamin Harrison, Jnr.,Esq% 

Treasurer of the Impositions on 

Liquors ft Slaves. 



Meant of de- 
fence in caic 
of invuion of 
the French 



May it Please Your Excellency in Councill — 

Wee haveing Reced. Your Commands to deliver in writing our Opin- 
ions about yc beft means for our prefervation in Cafe this Colony should, 
be Invaded by the fFrench, doe humbly offer as ffollows : firft, y* 7 in- 
dales Poient may, w*** a small charge as moveing yc Guns there, & 
throwing up some breft workes, be made Defensible, and that ye ships 
Retiring above yc workes, may not only Ride in fafcty, but prefcrve. 
thofc that defend ye workes from being Attacked in the Rear by any 
forces that may land upon them. 

2"^ly. That in case such a Superior force should arive as should* 
Render it Imposfible for us to defend our selves their, wee may then 



CALENDAR OF STATE PAPERS. 107 



Retire to Weft point, where the difficulty of the Channel! & the shoal- 1706 
jie(s of the water will prevent any Gfeat ships from pursueing of us, & 
where alfoe, ye narrownefTof ye River & Commodioufnefs of ye place 
Contribute soe much to our advantage, that we may, with the Greateft 
facility, giye an effectual Repulfe to all ye fForce that can their Attackt 
us ; but being En dayly Expectation off a Convoye, & humbly suppofe- 
ing that it is much for our Intereft & safety to be at sea w^^ all Exspedi- 
tion, wee Conceive it is best the shipps abide in their Refpective Stations 
Till such a necessity as above*^ is Apparent. 

3''ly. That whereas, In cafe of such an Invaflon, it is moft probable that 
ye iirft Attackt will be made upon ye shipps in York River, and that wee 
are in number & Vallue Superior to any one River in this Colony, we 
humbly beg that ye Commodore may be with us, not only to strengthen 
our fForce, but alfoe to put us Under such a Conduct & Disapline as 
may tend most to ye prefervation of ye whole. Thefe things being 
'what wee apprehend moft for our safty, we submit to your Judgements, 
Begging Leave, If any objections are made, to laye before yo' Excell' 
h* this hon^^^ board ye Refons that have Induced us to be of this opinion, 
^hat wee have further to offer is our moft humble & sincere Acknowl- 
edgements for y* great Regard you have been pleased to have to our 

welfare on soe Important an occation, ashureing yo' Excell" & yo' hon" 
that their is nothing soe near & dear unto us that we shall not willingly 

hazard for ye preservation of your perfons & ye good of this Colony. 

Wee are, with all poflible Refpect, 

Yd' Excel., &c., most humble and 

most obedient Serv'*, 

r JEREMIAH TURNER, 
Ship Masters. \ CHARLES BARTLETT, 

(THO. RICHARDSON and others. 



■nendments proposed by the Council to the Bill Entituled an Act, Concerning 
crning marriages. marriagei 

^  • » * ''Provided always, and be it en- 

^^^^d by the authority aforesaid, that when any Parish or parishes have 
^^^^ a. minister, it shall and may be Lawfull for the Clerke or Reader to 
P^^lish ye Banes of Matrimony between any persons desiring the same, 
JJ^d if no Objection be made, to grant a Certificate thereof, and such 
^^^^"'tificate shall be as sufficient for any minister to fblemnize the Rites 
^ «»^atrimony as if the same had been signed according to the directions 
^*"^in before mentioned. And be it alfo Enacted, that if any minister, 
r *^*"lc or Reader shall grant a falfe Certificate, he shal suffer one year's 
*"^ l*r*isonment without Bail or Mainprize, and be fined five hundred 
P*^^-**^ds sterling, and shal alfo be lyable to further punishment as in cafe 
0^ ^Vigery ••**•*• 

^f^ Line, after ye word (tobacco,) and before ye word (and) infert (of 

^^^ growth of the parish when the feme lives.) And be it Enacted by 

the 3.uthority aforesaid, and it is hereby Enacted, that if the Bridegroom 

"ve out of the County where the Licence is granted, or if the Clerk of 

^ne County Court making out such Licence, shal have ground to sus- 

.pect that the person taking out such Licence intends to remove out of 



108 



CALENDAR OF STATE PAPERS. 



1706 the County before the time of payment of the aforesaid Dues, or is in- 
solvent, the said Clerk is hereby empowered and required in such Cafe 
to demand and take Bond of every such person or persons with good se- 
curity in the County, to pay all fees accruing due by reafon of such Li- 
cence, at such time and in such manner as is herein before directed, and 
upon refusal of payment, the said fees shall and may be Levyed on the 
Estate of the fecurity by distrefTas afore"^. 

By order of the hon^** Council. 

WIL. ROBINSON, CI. Genl. Aflcmbly/' 



Ferries 

Prices of 
transporUtion 



Building the 
City of WU- 
liamiburg 



Directors 



I 



1 

1 






Amendments proposed by the Council.to the Bill Entituled an Act for 
the regulacon and Settlement of Ferrys, &c., &c. 

ci ^ih ijj^g^ ^^ yg g^j^ jjjj ^^^ Williamsburgh from Princess Anne Port 
to Hog Island, for a man, two shillings and six pence, for a man & horse,, 
four shillings.) 

* * * * (from John Goodales to William's^ 
neck or Drumond*s neck — for a man, three pence, three farthings ; for a 
man & horfe, seven pence, half penny.) 

* * • From Queen Mary's port, at Willirmsburgh,, 
to Clay bank Creek, in Gloucester County, the price for a man, twa 
shillings and six pence ; From Capt Mathew's to Cappohofack — the price 
for a man, fifteen pence, for a man & horse, two shillings and six pence^ 
&c., &c." 



Amendments proposed by the Council to the Bill Entituled an Acty 
continuing the Act directing the building the Capitol and the City of 
Williamsburgh, with additions. 

''And be it alfo Enacted, that the four Lotts, or half acres, w^^ at the 
first laying out of the Land for ye City, were laid out and appropriated 
for the Buildings then erected on ye same by Benj** Harrison, Jnr., Esq% 
shal remain & continue to ye afores"^ Benj^ Harrison, his heirs & afignes, 
& shal not Lapse for want of other buildings thereon, anything in this 
Act to ye contrary notwithftanding. 

And whereas, by the death, removal out of the Couuty, or into re- 
mote parts of several of the persons nominated Directors in ye afore-re- 
cited Act, and the refusal of others to concern themselves therein, the 
powers and authoritys to them granted have not been so fully executed 
as was intended ; and it being neceflary for the better regulating and 
ordering the Building of the said City of Williamsburgh, that a compe- 
tent number of Directors be appointed and continued to inspect the 
same. Be it, therefore. Enacted by the authority aforesa'd, and it is 
hereby Enacted, that His Excellency, Edward Nott, Esq% her Maj^*®* 
Lieutenant & Governour Gen^^ of Virginia, Edmund Jennings, Philip 
Ludwell, William Byrd & Benj"* Harrison, Jr. Esq", Henry Tyler, 
David Bray, Frederick Jones, Archibald Blair, Chichely Corbin Thacker, 
& William Robertfon, Gents., or any five or more of them be, and 
they are hereby authorized and empowered, by the name of the Direc- 
tors, for the settlement and encouragement of the City of Williams- 
burgh from time to time, and at all times hereafter, untill ye said City 
shal be erected into a corporation in manner aforementioned, to Direct and 
order the laying out of Lotts and streets of the said City where the bounds 



CALENDAR OF STATE PAPERS. 109 



znd marks thereof are worne out, to lay out a convenient space of 1705 
ground for ye Church yard, to enlarge the market place, and to alter any 
of the Streets or Lanes thereof, where ye. same are found inconvenient, 
and alio to settle and establish such Rules and orders for ye more regu- 
lar and orderly building of the Houfes in ye said city as to them shal 
seem best and most convenient ; Provided always, that the main street DukeofGIon- 
called Duke of Glocester street, extending from the Capitol to ye ut- ""t" •*'«' 
most Limits of the city Westward, till it joins on y* Land belonging to 
ye Colledge, shall not hereafter be altered, either in the Course or Di- 
mensions thereof. 

And be it further Enacted, that in cafe of the death, removal out of 
the Country, or other legal difability of any one or more of the Directors 
before named, it shal and may be Lawful for the surviving or remaining 
Directors, from time to time, to elect and choose as many other persons 
in the room of those so dead or removed, as shal make the number of 
ten. IVhich directors so chosen shall be to all intents and purpofes 
vested with ye fame powers as any others in this Act, particularly nomi- 
nated & appointed. 

May it Please your Excellency — -Certificate m 

T"he Honorable William Churchhill, Esq', haveing acquainted us that j^,^ sttpleton 
M' IThomas Stapleton was Rendred to y' Excely . an unfitt Teson to be 
a justice of the Peace for this County of Middlesex, wee humbly take 
leave to Informe yo' .Excely. that wee have knwne ye sd. M"^ Thomas 
Stapleton many years, and that (he) has hitherto behaved himself with 
Honesty and Integrity, and wee think a fitt Person to be one of Her 
\]ajtiea Justices of Peacc for this County, & wee Humbly desire he may 
be added to the CommifBon of the Peace for this County of Midlesex. 

Wee are y' Excy most 

obedient & Dutifull Serv**, 

G. CORBIN, 
MATT. KEMP, 
WM SKIPWITH, 
W. CHURCHHILL, 
JOHN GRIMES, 
GEORGE WORTHAM. 



Amendments proposed by the Council to the Bill Ent^ An Act, for 

prevention of misunderstandings between the Tributary Indians and others 

J J"*** Subjects of this Colony & Dominion, & for a free k open 

trade with all Indians whatsoever, 
t 

-. * * * • And be it further 

ij^nacted by the authority afore*^, that if any person or persons other than 

tne Indians & their posterity shal from & after the publication of this 

^^-i presume to purchafe or obtain any Deed or Conveyance in fee, or 

^y Lease for years, from any of the Tributary Indians of any Lands^ 

^^''^*' or hereditaments laid out or appropriated, or now actually pos- 

8€lled or justly claimed & pretended to by the sd. Indians, or shal oc- 

^^^y or tend any of the said Lands by permission of the said Indians or 

^twerwise, every person or persons so offending and being thereof lawfully 

convicted in any Court of Record within this Colony, shal forfeit and 



no 



CALENDAR OF STATE PAPERS. 



• 1706 pay the sum of ten shillings current money^ for every acre of Land so 
purchased, leased or occupied, one moiety whereof, &c , to our Sover- 
eign Lady, the Queen &c., and the other moiety to ye Informer, &c. 

• 4c • m * ^f. • ifi 4: * 

Measuret to Provided always, and be it enacted by the authority aforesaid, that if 

^''rrd'**"**^* ^"y person or persons shal, after the publication of this Act, fell or oflFer 
to sale any Rum or Brandy within any Town of the Tributary Indians, 
or to any Indian within three miles of such Town, every such person 
or persons fo offending and being thereof lawfully convicted before any 
Justice of the Peace of the County where the offence shal be commit- 
ted, shal forfeit and pay ten shillings current money for every quart of 
Rum or brandy sold or offered to sale as aforesaid, &c., &c. 



1707 

January 

Alann from 
Indiana 



Feb*y 15th 



You' Hon'— 

We are strangely alarmed in the uper parts of King and Queen, 
• • * * for fear of an Indian Warr, and If I can be in- 

I will 
have 



concerning it. 



formed that there is * * * * 
forthwith fort my self in, being a frontier * 
many of my neighbours to take shelter under my fort — In 
that our Inhabitants, have neither arms nor amunition — I * 
my humble request to your hon' to afigne me some of the 
amunition lately sent to Coll. Walker \ Pie take care to get 
and be answearable for them to ye Gover™* on demand. * 
for this presumption, and humbly pray you'l direct some * 
sent to me, and what we may fear from ye Reports. 
• * • * * with all respect, yo' Hon" 

most obedient Servant, 

R. BEVERLEY. 
The Hon*»^« Edm* Jenings, Esq% 
Prefident of Virginia. 



pardon 
• * be 



* Order of Queen Anne forbiding the Embargo to be imposed upon 
the ship " George," " Burthen, one hundred and twenty Tuns, and 



carrying six Guns and Twelve men, &c." 



SUNDERLAND. 



March Hounerable S' — Thefe are to acquaint Your Honner & y* Hounara- 

ble Counfill, yt I see your Honner's Warrant to Order ye Vestry to ap- 

iacuse' ^""** peare be fore yor Honners ye 18*** Inftant, & Doe give all Due Refpect 

to it am at this time Encapable of taking soe great a Jorny ; 

Thearefore humbly begg your Honner to be soe gratious as to Excufe 
me, as alfoe to ye Uounarble Counfill. And according to your honners 
& ye Hounerable Councils Commands and Instructions, I shall Be 
very Ready to fervc my Gratious Queen, your honners & ye Country as 
far as I am Capable. From y' most humble & obedy'ent Servant at all 
your honner's Com*^*, 

ARMINGER WADE. 



"* Bean impression of the great seal. 



CALENDAR OF STATE PAPERS. Ill 



At a Court held for Accomack Coiinty by her Maj^*'" Justices of the 1 707 
Peace For the said County, March ye 2**, 1707. March id 

In pursuance of an Act of Affembly, Entituled an Act, prescribing ^^^ sheriff it 
the method of apointing Sheriffs, and for limiting the time of their con- appointed 
tinuance in office, and directing their duty therein ; That the Court of 
Every County within this Dominion at some convenient time between the 
Last day of January and the Last day of March, yeaily, shall present 
to the Governor or Comander in cheife of this Dominion, for the time 
being, a list or recommendations of three such persons (being Justices in 
the sanie County C^*"^ respectively,) as they shall think most fitt and 
able to execute the office of Sheriff of their respective County for ye 
yezrc next Insuing \ of which three persons so recomended to ye said 
GovcrnoT or Comander in Cheif, shall accordingly be Comitioned such 
onea.s to him shall seme meet for the Executing ye said office for ye 
yeare- tlien next coming In obedience to which Law the C*^*^* hath Re- 
comended Maj*^ George Parker, Capt. John Brandhurst and M*^ Hancock 
Custis, as three persons fitt and able to execute the office of Sheriff for 
ye yeare Insuing. The Court ordered the Clerk forthwith to send a 
Certificate thereof to ye Governor or Comander in Cheif, 

Test : ROB'*' SNEAD, Clk. Co. Co^ Accomk. 

Anne R. 
* Trusty and Welbeloved, we Greet you well — Whereas, the owners March nth 
and Freighters of the ship Prince Eugene, Burthen one Hundred and 
Eighty Tuns, and carrying Eight Guns and Eighteen men, whereof 
William Bastin is Commander, bound to Our Plantation in America, 
have humbly besought us, That Wee would be Graciously pleased to 
give Orders to Our Governors of Our Plantations and Colonies in 
America, That in case the said ship should put into any of the Ports 
there^ she may be permitted to take in her Lading, and not be detained 
upon account of Convoy beyond the time of her intended Departure 
from thence. Wee having had the opinion of our High Admirall upon 
that matter, are graciously pleased to grant their Request. And Wee 
^0 hereby signifie Our Will and Pleasure to you. That you permitt the 
^id Ship, if it comes into any Port of your Government, to take in her 
Lading & sail at Pleasure, without Stopping for Convoy for the present 
Voyage, to be performed within Twelve months from the date hereof; 
And so we bid you farewell. Given at our Court at Kensington, the 
fourteenth day of March, 170?, In the Fifth year of Our Reigne. 

By Her Maj'^ Command. 

SUNDERLAND. 

i o our trusty and welbeloved the Governors and Commanders in Chief 
^^ any of our islands, colonies and plantations in America for the 
^itne being. 

^ ^ the Honnerable M*" Prefiden & Honnerable Councill of State : March i8th 

jj The Petition of y® Subfcribers 

**umbly Shcwth, ^o'^' ««• 

* ' one y* 6"* of this Instant, there was a Vestry appointed by M' Complaint 

^ ^^ — - — - — ^^ — .  — — ^^ — „_ , . ^^^^^— ^^^^^ , _.,_,_ ., .. . ^ ^ 

^^ ^an very perfect imprcsiion of the Royal Seal. Tbcae Tettela carried gona to protect 
^QMelvei againit pirates, but were not able to cope with the war Tetiels of the enemy. 



UB 



CALENDAR OF STATE PAPERS. 



1707 



March 19th 



April lit 



Sherifl* 
sccommeaded 



April 5th 



Anthony Robinfon & }A^ John Dofwell, Church wardens of Charles 
parrifh, in Yorke County, to be held for ye confulting about ye Reparc- 
ing or Building of a Church in ye Aforesaid Parrish ; And in order to 
agree about ye bufinefs aforesd, there mett Eight Veftry men of Each of 
ye two Percints, but ye Veftry men of ye Lower Percinct did, without 
Giveing any good Reafon, muterously voat among y™selves, yt two of 
ye uper percinct veftry men should not act any Longer as vestry men ; 
soe yt the remainder of ye said veftry of ye upper Percinct would serve 
noe Longer until! they had humbly moved to your honners yt your hon- 
ners would be so gratious for to order that they should have ye Rite and 
privilidg yt ye Lower percinct of ye said parrish have in being Equall in 
number of Veftry men as they have. 

May it Plefe your honners, your Petitioners Humbly Praye yt your 
Honners be so (jratious as to order yt ye Veftry men of each percinct 
to stand as formerly and be Quallyfied accordin to Law, or Elce yt your 
Honners would Reduce our Vestry to ye number of Twelve, according 
as ye Law Derecks, and thofe twelve to be Qualified according to Law, 
soe yt Bufenefl* of ye Parrifli aforesaid may not be neglected, and your 
Petitioners shall, In Duty bound. Ever Pray. 

THD. CHISMAN, Secy., 
HENRY HAYWARD, 

JOHN , 

HENRY HAYWARD, 

JNO. DOSWELL, Sne*, 

JNO. DOSWELL, Jnr., Ch. W*. 



At a Court held at South wark, for the County of Surry, 19^ of March, 
1707. 

Prefent, her Ma"®' Justices — 

Capt William Browne, M' Joseph John Jackman, and M' Etbered 
Taylor, are severally recomended for those of Sheriff of this County 
for the enfueing year 

Test : 

FRA. CLEMENTS, Clk. Cort. 



At a Court held at Varina, for the County of Henrico, the ffirst day 
of Aprill, 1707 — 

Prest : 

John Worsham, Joseph Royall, Richard Cocke, Abra. Salle, George 
Worsham, Tho. Jefferson, Gents. 

In obedience to an Act of AiTembly made the 23* day of October, 
1705, Intituled an Act, prescribing the method of appointing SherrifFs, 
&c.. This Court do humbly recommend Coll. William Randolph, Lt. 
Coll. fFrancis Epes & Maj' Willam flarrar, (being Justices in this County) 
as most fitt and able persons to Execute the office of SherrifF in the 
said County this present year. 

JAMES COCKE, Clk. Cort. 



Deed of Release from Thomas Pannell to Rich^ Buckner, for cer- 
tain lands lying & being on Mottaponi Biver, or main runn in King k 



CALENDAR OF STATE PAPERS. 



lis 



Queen County, formerly new Kent County, 4c., and granted by patent 1707 
dated the 4*^ day of November, 1673, to John Profeer and Thomas 
Pannel, 4c., &c. * * * 

Test: 

WIL, STANARD, D. C. Cot. 
Copia Teft : 

C. C. THACKER, Clk. Cot. 



Deed of Release from William Pannell, of the County of Richmond, April nth 
4c., Planter, to Larkin Chew, of the County of Essex, &c., Carpenter, p^j^g ^^ ^„j 
in consideration of eleven thousand Pounds of Tobacco, having been 
pid by the said Chew, for four hundred and forty acres of land &c., in 
King 4 Queen Co., formerly New Kent County, &c., &c. 



To the Hon. M*" President, with the Hon" Councill of State, ye Tuf- April 19th 
caroroe Indians Complaine — 

Virg* fset. 

That whereas, lately a murder was Committed upon an Indian Called 
parridge, yo** petion" not being willing to have any other Sattisfaction 
than what is Usual amongst themselves, Defire to have Six hundred 
Cubitts of Roanoke * & one hundred and twenty Cubitts of Peake,t 
two Gunns, Six White Stript Blanketts, tenn bottles of Powder, Six 
thouiand Shott, Six Cloath Coats, & and twenty four y'^' of plaines, 
(coarse blue woollen cloth.) 

By the hon^** The President of her Maty's Council — April a5th 

You are hereby Ordered & Required to pay unto M^ Henry Cary, 
or order, the sum of Seven hundred pounds Sterling, out of the money 
in yo'® hands, arising by the Imposition on Liquors & Slaves \ And for 
so doing this shall be yo' Warrant. 

Given under my hand this 25'** day of April, 1707. 

Signed. E. JENINGS, Preside 

To Benjamin Harrison, Jnr., Esq., 
Treasurer of ye Impositions on 
Liquors & Slaves. 



M*" W^ BafFett writes to President Jenings in behalf of " Capt. May 15th 
Lechenby Comand^ of the ship Globe, of Liverpoole," who desires to 
clear his vessel and sail without Convoy, &c. 



** Honored Sir — 

I have about thirty blanK Commitions, signed by his Excellency Edward 

Nott — I humbly desire your advice -, I have here sent you a Coppey of a 

"St of offisers, which I suppose you and the Honorable Counsill have 

^cn ; I thought it nott Convenient to fillup any without your advise ; 

"cre is no Commition ofHser in the County, as I know of, except my- 



June nth 



^^ell money fixed upon ikins of animi!: 



15 



f Shell money strung upon cords. 



114 CALENDAR OF STATE PAPERS. 



1707 sclfe — one M' George Purchas of King William County, a very Creda- 
ble man, came lately from Pensilvana, and as he caled att a hows in 
Maryland, the upper part, they told him that there had bin lately about 
twenty Indins for a fortnight- weighting for ten more to Joyn them ; 
they weir well armed, most of them with swords and pistoUs as well as 
Goons, to goe and fight the tuskarodo Indians, but in that time they 
came nott. I only instance this to know what I should doe if any attempt 
should be made on our County, here being noe Commition offiser ex- 
cepting as before. It was his late Excellencies and ^onerable Counsills 
orders to me not to present any from the Court for Coroners, that had 
refused the Commition of pease ; John Leigh hath refused in your last 
Commition of Pease ; he was appoynted major. I am, as in duty bownt, 
your honors most humble servant to Command," 

JOHN WALKER. 

A List of offisers returned by Colo. Lightfoot and my selfe. 

Major John Leigh, ^ 

Capt. John Major, ^ hors. 

Capt. Jeremiah Clowder, 



Capt. Thomas Pettit, 1 r^ 
Capt. Thomas Tunstall, j ^ 



Capt. ^ 



ohn Collier, 



er, ^ 
Capt. John Gyly, Vfoot. 
Capt. James Wood, J 



JOHN LIGHTFOOT, 1 p , 
JOHN WALKER. / ^^'^• 

Capt. Thomas Walker, 

Lt. Richard Norshaw Walker, 

Cor" James Walker. 

A List of the Offiser in King and Queen County. 

JOHN LIGHTFOOT. 

A trew Coppy pr. John Walker. 



SeptV 2d To the Honourable Presid' and Council — 

Serious and Tio- The answer of Abraham Salle to the Petition of M** Philipe,* 
lent tlter^ation humbly Sheweth, 

Town Parish That whefeas, the s^ Philipe Complained that I affronted him on the 
30^ day of March last, while he was in the Pulpit, by calling him sedi- 
tions, and the cheif of ye seditious, I beg leave to represent to your 
honnors the whole fact as it happen'd, which I flatter myself, will be a 
compleat justification. When M' Philipe had finishe' the service of the 
day, he continued in the Pulpit as is custone, is where there is any 
parish businefs to be done, the first thing he did, was to demand the 
Register of Christenings to be delivered up to him out of ye Clerk of 
the Vestry' hands, & in cafe he refufed to do it, he would excommuni- 
cate him ; he was pleased to say this with a rage very unbecoming the 

* The full name of this man was Claude '* Philipe de Richebourge." The decision in this 
difficulty having been made against Philipe, he, with numerous followeri, left Virginia soon 
after this date, and settled in the Carolinas. 



CALENDAR OF STATE PAPERS. 115 



fc 



place, which made me intreat him to have a little patience till the dis- 1 707 
pute should be ended, whether the Register should be in the Vestry's 
Custody or his \ I afsurd him that the Vestry had no intention either to 
encroach upon his Rights or to give up their own, and therefor defird to 
inform themselves more fully of that matter ; upon this, he flew out 
into a gretter paiion than before, and frankly told us that he acknow- 
ledged no Vestry there was, neither would he have the people acknow- 
ki^ any. Immediately after his nameing the People, sevarol of his 
party, & particularly Lacaze & Michel, stood up, and in the Church 
rook the liberty to utter many injurious things against me ; and the last 
prck thro the whole congregation to get up to the place where I was, & 
then catching me by the coat, he threatened me very hardly, and by his 
Example, several of the crowd were heard to say, we must ^ssasinate 
thsit damn'ed fellow with the black beard, and that Bougre de Chien 
ought to be hanged up out of the way, & several other violent Expres- 
sions, not very proper for the Church. The s*^ Philipe in the mean 
time, w^as so far from endeavouring to appease their tumult, that 'twas 

observed he did his best to inflame it, and was lowder and more 

outragious than any body. I thought it now my duty, as a Justice, to 
con:imand the peace, putting the people in mind of the day & occasion, 
4 the place where they were, but all to little purpose ; the Queen's 
name had no effect upon them When I found matters in that dangerous 
condition, I thought it prudent to withdraw, & when I came to the 
Church door, I told M*" Philipe 'twas vifible that he had fomented that 
sedition, and therefore he was a feditious perfon, & even the Chief of the 
Seditious. This is the naked fact as it happened, which I am ready to 
prove to your honours by fuflicient testimony, which, if I do, I have the 
<^onfidence to hope I need no further Justification. 

And then, as far as his petitioning for an Order for Chooseing a new 
Veftry at Monocantown, I humbly beg leave to represent to your 
honours the unreasonableness of that Petition. 

. Not long after the erecting Monocantown into a Perifli, the Parifli- 
loners were afsembled to elect a Veftry, and the Plurality of voices fell 
^pon the following persons : 

Jacob Amonner, Jean Guerin, Pierre Chastain, 

^*>ra. Soblet, Jacque Lacaze, Jean Farcy, 

Jacques Brouffe, Abra. Remy, Jean Foniuelle, 

^ouis Outartre, Andre Aubry, Abra. Solle. 

Vestry of Monacantown Parish. 

, *^ that election, the Law of this Country was punctually observ'd ; 

He persons were 12 in number, and were chosen by the Major part of 

■J? Parish called together by M"" Philipe for that purpose ; they were not 

^nofen for one year, accordfing to the electing Elders in france, w^^ M*" 

* hilip^ would insinuate, but were chofen as a lawful Vestry, and for 

^^veral years have been own'd as such, even by M' Philipe himfelf, and 

^ "as always apply'd himself to them for his Salary ; they have been 

^Ued Antiens, because the French have no other word in their language 

or a Vestryman, & it has never been questioned by any one whether 

^*s Were a legal Veftry or not, 'till lately that the S*" Philipe upon a 

9!*^rrel he's had with some particular member of it, would get this 

^stry quashed, to introduce his onne Creature that will be ready to 



116 



CALENDAR OF STATE PAPERS. 



1707 Sacrifice * * 

gance & arbitrary humour, if 



of the parish to his extrava- 



October a4th His Roy" Highness, Prince George, of Denmark, Ac, Lord high 
Protection of Adm" of Great Brittain, Ireland, &c., And Generalifimo of all her 
commerce Maj^®* Forces, &c. — 

You are hereby required & Directed, with her Maj^**'' ships under your 
Command, to take under your care and Pretection the Trade which 
shall be at Bristoll, Biddeford & Barnstaple, bound to Virginia, and 
ready to sayle with vou, & with ye first opportunity of wind & weather, 
to make the best of your way to Virginia, where being Arrived, you im- 
mediately give notice to y^ Governour of that Colony, that I have ap- 
pointed the ship under your Comand to Lye in Lynn Haven Bay & 
cruise about ye Capes, for Protecting the Country & Trades from ye in- 
sults of ye Enemys Privateers ; k accordengly you are to lye in the said 
Bay, and Sometimes to Cruise about ye Capes (as winds and weather 
will permitt) in such manner as may render the ship you Comand most 
Advantageous to the Inhabitants & their Trade, and best enable vou to 
prevent any attempts that may be made by the Privateers of the finemy, 
which you are to use your utmost Endeavour to Take, Sink, Burne & 
Destroy. And in Order thereunto, You are to take particular care not 
to lye in any River Longer than may be absolutely necefsary to furnish 
yourselfe with what you may really want ; but to keep the ship you 
Comand Continually in Such a Posture as that you may speak with all 
Ships or Vessells which may be comeing in or going out. But in case 
the Government of Virginia shall at any time find it for the Service to 
employ the ship you Comand, otherwise than is before directed, you are. 
on all such occasions carefully to put in Execution the Orders which 
shall be given you thereupon. 

You are not to Imprest any men from Merch^ Ships or Vefiells within 
the Capes, without the Consent of the Government. And Whereas, 
I have Ordered you to take in Eight months' Provifions for your hishest 
complement of men, you are, when yt)u shall be out of ye Channell, to 
put your ships Company to short allowance of Provisions, or otherwise 
as shall be judged necessary for lengthening out the same, aflureing ye 
Seamen they will be punctually Paid what is due to them on that account 
when they come home. . And when you have Expended so much of your 
Provisions as that you judge you have no more left that what may be 
sufficient for you in your paflage home, you are, without Longer stay, to 
make ye best of your way to England, calling in at Plymouth, and 
from thence you are to repair to the Downes, if you find no orders to 
the Contrary. 

You are to acquaint ye Governor of Virginia with ye Contents of 
these my Instructions, & give him timely notice when you intend to 
sayle homewards, that soe he may prepare such Dispatches as he thinks 
necessary to send by you. And you are by all opportunities which shall 




CALENDAR OF STATE PAPERS. 117 



present) to send an Acco^ of your proceeding to my Secretary for my 1707 
information. 

Given under my hand this 24^^ October, 1707. 

GEORGE. 
To Capt. Stuart, Com*^^ 
of her Maj^y ship, the 
Guarland. 

By ye Comand of his Roy" Highnefl'. 

J. BURCHETT. 

Hon*-'*^ S' — October *9th 

I have comitted to the Goal of this County a Tuscororo Indian man Indian lent to 
w*^ Major Wynne is of opinion is one the Comp* that murdered Jere- '*** 
miah Pate, for he sayes he knows him to be one that Gen^^ ufes that 
way, and we find him to be in Several Stories, w^^ makes it the more 
sufpicious. We had taken five more of them a Monday in ye Evening, 
if the Notoway Indians had not befriended them & Deceived us, by 
which means the) gott clear, & after about 7 hours search, (all in the 
night,) we were at last well informed that they had Difcovered us and 
Did intend to Run quit to the Tuscororo Towne without making any 
stop, so as for us to overtake them, which caused me to returne home. 
I have not ord'^'' any of the militia of this County to Range on the fron- 
tiers, because that I have an acco^ that the remaining part of their 
Comp*^ is upwards, which Maj'" Wynne is gone to apprehend — he left 
me aboute ten o'clocke a Mondey night, in or^** to make all pof&ble hast 
towards them. I should be glad of yo' approbation of what is Done in 
this matter, and that you would pleafe to beleive me to be, 

Hon"* Sir, Yo'* most 

obedient Humble Servant, 

NATH^^ HARRISON. 
The Indian taken calls himselfe 
Tom Robin. 



To The Hon**'® Edwaijd Jenings, Esq', 
President of her May' Councill, &c. 



NotV itt 



To the Hono'''^ M' Prefident i Counsel! of State of Virginia : ^^^^''"' «« 



recover 



The Humble Petition of Henry^ Hay ward. Junior, Administrator, ^^^PJ'JI^*" ^'!* 
with y*^ noncupative Will annexed, of Robert Crowther, (an infant of cide ^whether 
eighteen years,) Humbly sheweth, hii own or 

another*!. 

That the father of the said Robert, fometime before his Dcfath, made Forfeited to the 
his Will, & Conftituted one Henry Whitaker, (fince found a felo de fe) ^^^^^ 
Executor of his Last will & Testament aforesaid ; By virtue whereof 
the said Henry poflefled himfelf of all the perfonal eftate belonging to 
ye f&ther of the faid Robert, & died pofTefled thereof. Now, may it 
pleafe your Honours, the officers of her Majefty having seized the whole 
perfonall eftate, k what other was found to be in ye pofleffion of the said 
Henry, as forfeit. Your Petitioner praies & humbly defires your Hono" 
order to ye faid officer to pay unto your Petitioner (out of ye eftate so 
feized) the fume of twenty ei^ht pounds four shillings & fix pence, being 



118 



CALENDAR OF STATE PAPERS. 



1 70S 



the said Roberts eftate, or his proportion & his fathers Eftate in the 
hands of the faid Henry, att the time of his Death. 

And your Petitioner, as in Duty bound, 

Shall Ever Praye. 



Jan*/ i6tb 

King & Queen 
county 



Condition of 
country with 
regard to 
Indians 



Capture of 
•trange In- 
dian 



May it pleafe your Hon'^ — 

When ye ^eporte was of ye late murder in ye neck, I was told by 
Coll. Walker that ye Coll. of New Kent County and himself had sent 
out parties of men in Search of ye Indians ; Whereupon I thought my- 
self obleged to do y® like, and ordered one in y*^ upper parts to take 1 2 
men and range our frontiers ; he could make but 7, and they not above 
two shoots of amnition a peice ; they were out 3 days, but made no dis- 
covery. I must alfo acquaint yo*" that we have no amunition in y® 
County that I know of, and have been in that condition a great while. 
On Saturday, y® 3*^ Jan*" Inftant, an Indian came naked of Armes into 
one of y® houses of y® upper Inhabitants in this County, upon which 
the people there tied him by y® arm, & brought him to me ; they got to 
my houfe with him on y® day following ; at firft I put him in irons, and 
would have brought him to yo*" Hon% but y® extremity of y® weather 
prevented any pafsage over Yorke River. After three days, finding him 
of a seeming good humour, I let him at liberty about the houfe where 
he still continues. I got y® Interpreter and a tuscarora Indian to talk 
with him ; he at all times seemed verey inclinable to be understood, and 
was verey foward to talk, but neither of them could understand him. 
What I have learnt from him is this long acquaintance is thus : he calls 
his name Lamhatty, and his Town Towafa, near which there were nine 
other nations of Indians, Confederates with his Town, undtr diftinct 
names for y® particular, but all under the comon name of Towala's, 
which are described by those O's in y® north side the East and west 
line i those O's on y® South side of y® sd, line with severall others, 
but all under the comon name of Tuscaroras ; he says that not far from 
their Town is great falls, and a little below that a great salt water lake, 
whofe waves he defcribes to tremble roar like a Sea ; he says He was 
taken prisoner 9 months agoe ; that he was 3 montks in carrying to Tela- 
possa, where they made him work in ye ground ; That there they ufe 
canoes ; that he was 2 mo. in carrying through y® 6 next Towns, and 
one month in paffing from ye 6^^ from Malapossa to y® 7*^, where he 
was sold, viz^ Sowanouka. They, in a short time, took him out a 
hunting, viz 6 men, 2 women and 3 children, along y® ledge of Lower 
Mountains, (as he first defcribed to us by heaps of dirt, tho' his geo- 
graphy has not made him hit it right in this draught,) whence he run 
away from them, and in 9 dayes time came to ye houfe by Robert Pow- 
ells, where he was taken and brought to me. He says that ye firft time 
y® Tustaroras made warr, they swept off 3 of their nations clear, and y® 
next time 4 more, and y® other three run away. The map is all his 
own drawing, which I thought might be satiffaction to your hon' to send ; 
y® red line denotes his march, ye black lines y® Rivers, & y® shaded 
lines y® mountains, which he describes to be vaftly big among some of 
thofe Indian Towns. For y® reft I must referr yo' Hon*^ to y® map ; he 
seems very desirous to stay, if I might have yo' Hon""* leave to keep him, 
and am Yo"" Hon^** moft humble Servant, 

JOHN WALKER. 



CALENDAR OF STATE PAPERS. 119 



* At the Court at Kensington, Jany. 25*^, 1708, Present — The Queen's 1708 
most Ex cellent Maty. j^„^^ ^^^^ 

His Roy? Highnefs, Prince 1 Lord Privy Seal, ^^^^^ ^^ 

George of Denmark, j Lord Steward, Kemington 

Lord Chancellor, Duke of Somersett, 

Lord Treasurer, Earl of Sunderland, 

Lord President, M' Sec^ Harley. 

Whereas, by Commission under the Great Seal of England, the 2oecn*8 order 
Governour, CounciU and Affembly of Her Ma^^ Colony of Virginia, |^ ^;^?„""Jhe' 
have been authorised and Impowered to make. Constitute and Ordain .ct for railing 
Laws, Statutes and Ordinances for the Public Peace, Welfare and Good puUic rcFenue 
Government of the said Colony — which are to be Transmitted to her 
Ma*^ for her Royall Approbation or Disallowance of them. And whereas, 
in pursuance of the said Powers, a Law pafled in the said Colony in 
I705, has been Transmitted, the Title whereof is as follows, viz* : 

An Act for raising a Publick Revenue for the better support of the 
Government of this Her Ma*^* Colony and Dominion of Virginia, and 
for ascertaining the sallary of the Councill ; which said Law having 
been perused and well Considered by the Lords CommiiEoners of 
Trade and Plantations, And presented by their Lordships to this Board, 
with their humble opinion. That the said Act be Repealed, her Ma*^ 
having this day taken the same into consideration, is Gratiously pleased, 
with the Advice of her Privy Councill, to Declare her Difallowance and 
Disapprobation of the said Act, And pursuant to Her M**^' Royall 
Pleasure thereupon, the said Act is hereby Repealed and Declared void 
and of none Effrct. 

EDWARD SOUTHWELL. 



t Order in Councill at Court at St. James, to allow the ship " Francis " ?«*>> 13th 
^^ Burthen 200 Tunns, 10 Guns, and 28 men, &c," to sail as soon as 
she may be ready, and that no ^^ Stop or Embargo " be laid on said 
ship, &c. 



J At a Vestry appointed by M' Anthony Robinson and M' John Dos- March 6tii 
well, Jnr., Churchwardens of Charles Parish, to be held ye 6"* of charlca Paritb, 
March, 170I, where these Gentlemen undernamed met, in Order to York co. 
Consult about y^ repairing or building of a Church, but did not proceed controFeny 
by reason of their disagreeing who should serve as Vestrymen & who between mem- 
should not. ben of the Tea- 

Thofe y« Gentlemen y^ met. i7d t^e" 

M' Thomas Roberts, M' Thomas Chiesman, who are* ° 

iM' ArMINGER WaYD, M' Henry HaYWARD, Se''*, veitrymen 

Capt. Daniel Taylor, M' Thomas Nutting, 
M*" Robert Sheild, M' John Toomer, 

* This document bears a beautiful impreuicn of the Privy Seal, 

f Bears impression of the Privy Seal. 

X After due examination into this case, and the records of the Parish, it was determined that 
Capt. Cheisman and Mr. Robert Sheild were Vestrymen, but that Capt. Thos. Nutter and 
Daniel Taylor were not. 



J30 



CALENDAR OF STATE PAPERS. 



1708 

March 6th 






OHN Drewrev, Se^% 

OHN DOSWELL, Se^% 

OHN Hunt, 



M"^ Anthony Robinson, 



M' Henry Hayward, 
M' John Wills, 
M*^ John Parsons, 
& M** John Doswell, J'''', 



M"^ Henry Hayward, Se% 
M' John Doswell, Se'** 
M' Henry Hayward, J^* 
M'^ Jo. Drewrey, 

These are of opinion y' Capt. 
Cheisman & M"* Sheild are vestry- 
men, & have their voat, by reason 
Capt. Cheisman being a vestryman 
ever since y* 24^*^. of Septe% 1677, 
and served since, beeing at ye ves- 
tfy this day & offered his service as 
formerly, & likewise y^ aforesaid 
M"^ Sheild serving ever since y^ 
year 1692, & was this day in per- 
son to serve as formerly. 

Test by me. 



Church War*''". 

M' Thomas Roberts, 
M' Ar. Wayd, 
M' Tho* Mitting, 
M'^ D^^ Taylor, 
M' Jno. Hunt, 
M' Jno. Parsons, 

M"^ TOOMER, 

These voting y* Capt. Cheisman 
& M* Sheild are no vestrj'men. 



BERNARD COUDERT, 

Clerk of Charles Parish. 



Pcdtion for a Xo the Hounarable Coll. Edmund Jenings, Esq% &c., &c.: 

hctring before '' & ' ^ ' ' 

the Gov. and The Subscribers 

Humbly Prayes 

Your Houner to hear the Complaint y^ we, the Veftre of the upcr 
p'cinct of Charles Parifli, Send by Henry Hayward, Jnr., & John Dof- 
well, Jnr., who are members of y® aforesaid Veftre, and Humbly begg 
your Honners Gratious Favour in ordering a Reconceliation among us, 
and your Petitioners shall, as in duty bound. 

Ever Pray. 

ROBERT CURTIS, 
ROBERT SHIELD, 
HENRY HAYWARD, 
JOHN DREWREY, 
THO. CHISMAN, 
JNO. T. D. DOSWELL, Sn». 

Warrant for Whereas, Comp^*^^ has bin made this day to mee, by M' John Hay- 

b°T 1**^*°** ^° ^^'^^^ J"*^'' Vestryman, & M' Jno. Doswell, Jn', Vestryman, & one of 
ye Churchwardens of Charles Parish, in York County, that there is 
lately arifon dissatisfaction & disputes between y® Vestrymen of y® Up- 
per Precincts & Vestrymen of the Lower Precincts of y** said Parish, & 
y^ they are equally divided in opinion to y^ obstruction of building a 
new Church for y® benefitt of the said Parish, & desired a reconcifia- 
tion ; I doe, therefore, hereby Ord^*^ & Direct the said vestry to appoint 
as many of the said vestry living equally in each precinct as they think 



CALENDAR OF STATE PAPERS. 1$1 



iitt to appeare before mee & the Councill on Thursday y* i8th Instant, 1708 
att Williamsburg, in Order to Examine into & adjust the sd. DiflSerence. 
Given under my hand & seal this 13^ day of March, lyOg. 

E. JENINGS. [Seal.] 

To the Churchwarden or Churchwardens of 
Charles Parilh for York County, to give 
notice of this, as likewife to M"^ James 
Sclater, Minister of the sd. Pari(h. 

Executed according to Directions p'me, 

JNO. DOSWELL, Jnr., 

Ch. Ward% C. P. 

* At the Court at S* James, the i"* of Aprill, 1708 — Present, April ut 

The Queens most Excellent Majesty. Court at 

• ^ **•!, o T^ St. Jamet 

Lord Chancellor, M^ Secretary Boyle, 

Lord President, M* Vice-Chamberlain, 

Duke of Somersett, Lord Cheip Justice Trevor, 

Earl of Derby, S* Thos. Mansell, 

Earl of Sunderland, S^ Charles Hedges. 

Earl of Cholmondeley, M^ Vernon, 

Earl of Scafeild, M^ How, 

M^ Bertie, Lieut-Gen^^ Erle. 

WHEREAS, by Commiffion under the Great Seal of England, the Order in Coun- 
Governour, Councill and Affembly of her Ma** Colony and Dominion cU confirming 
of Virginia, are Empowered to make. Constitute and Ordain Laws, proving the 
Statutes and Ordinances for the Public Peace, Welfare and good Gov- staple of 
ernment of the said Colony and Dominion, Which Laws, Statutes and Tobicco and 
Ordinances are to be as near as conveniently may be agReeable to the "'c*of*hogt-* 
Laws and Statutes of this Kingdome, And' are to be Transmitted to heads 
Her Ma^'^ for Her Royal approbation or Disallowance of them. And 
whereas, in pursuance of the said Power, An Act was lately passed 
in the said Colony and Dominion, Entituled, viz^ : 

AN ACT for Improveing the Staple and for Regulating the size of 
Tobacco Hogsheads — 

WHICH said- Law having been perused and Considered by the 
Lords Commiffioners for Trade and Plantations, and by them presented 
to this Board with their humble Opinion, That the same be Confirmed. 
Her Ma^^ thereupon is Graciously pleased, with the advice of Her 
Privy Councill, to Declare Her approbation of the said Law, and pur- 
suant to Her Ma^y* Royal Pleasure thereupon, the said Law is hereby 
confirmed, finally Enacted, and Ratified accordingly. 

CHRIS. MUSGRAVE. 
Virg* Rec% 13^^ July, 1708 
E J. 



S' — Last night I Anchored within Cape Henry, & just now getting April ut 
up to Kickytan, I have Sent ye Inclosed Letter, together with a Coppy «GuarUnd 
of my orders, by which you'le find I am Designed to attend the Govern- Kickytan 

* Bean impression of the Privy Seal, &c. 

16 



" in 



J^ CALENDAR OF STATE PAPERS. 



1708 ment, but haveing a long pafflage of 12 weeks, and very bad weather, 

Ca t Stewart ^^^ disabled my Ship so that I cannot be serviceable to y® Government 

oftheGur^Und before I fitt new Rigging & Secure my Fore mast, which is Disabled, 

announcing hu being Sprung in two places, (or else gett another in its roome.) Also, 

arrival ; giving jj^g gj^jp jg ^^^ foulc; if y® Government thinks fitt, I should be glad if 

ructioni ^j^^ could be clean'fd, which being done, I shall be better enabled to put 

in Execution such orders as I may receive from the Government, and 

shall, at all times, use my uttmost Endeavours to comply with y* same. 

I am, S', yo' most humble serv*, 

CHA. STEWART. 
Reed, y® 2^ April, 1708, at 
8 o'clock night. 

April 14th pr George County, ff. 

Prince George At a Court holden at Merchts' hope, Wednesday, y* 14^^ April, 1708, 
County, Va p'sent— her Maj"" Justices. 

Penon« recom- In pursuance of the act prescribing y® method of appointing Sheriffs, 

for thetfficc of *^'' '^'* ^^"" ^^^ recomend to the Hon^^* her Maj^^"* President and 

sheriff CounciU of Virginia, these following persons, being Justices of y® Peace 

in this County to y^ End, that one of them may be Commiffionated 

Sheriff of this County for the Year Infueing, viz' : Maj' Joshua Wynne, 

M' Will°» Epes, Jnr., & Capt. John Hamlin. 

Ordered that y® Clerk make returne hereof to y® Secretarys office. 

Test : ' RICHRJ> BLAND, CI. Cot. 



June loth * At a Court held at the Capitol, the lo'** of June, 1708, Present — The 

At the Capitol Hon^^ the President and Council. 

Whereas, the Sheriff of the County of York is directed to attend 
the Election of the Vestry of ^Charles parish on Tuesday the 29*^ of this 
present month, and to take the poll at the same for his better guidance and 
Order, as to directions therein, k for avoiding all tumult and confusion, which usually 
how veitrymen happens on such occafions. It is ordered that every freeholder and House- 
elected* holder paying Seatt and Lett in the parish, and no other have vote at the 
said Election, and for clearing any doubts that may happen as to any per- 
sons being a freeholder or householder, the Sheriff is impowered to ^ad- 
minister to such person an oath • • * required in the same man- 
ner as is directed by Law in the Election of Burgeffcs ; the said Sheriff 
shall separately demand, and accordingly take in writing from every 
person having vote in the said Election, the names of twelve men 
whom such person thinks most fitt to be Vestrvmen in the said parish, 
and haveing so set down in writing each particular Election lift or num- 
ber of twelve men, he shall then examine all the said Lifts and shall 
declare those twelve men to be the Vestry whom (upon scrutiny) 
he shall find to have most votes ; And ordered that the said Sheriff 
make Return of his proceedings, together with the severall lists afore- 
said to the Council office. 

This order to be kept private 'till ye election, 

WIL. ROBERTSON, Clk. Cort. 
Executed pr. LAU» SMITH, Sherf, Y. C. 

* Bean private leal in wax. 



CALENDAR OF STATE PAPERS. JS3 



To the Earl of Sunderland : 1708 

My Lord — I did myselfe the honour of writing to your Lordship june 24ch 
on the 26"* of March, and hope it hath ere now reached yo' Lord**. -^. . . 
hands. Since which, Capt Stewart, in her Matys. ship, the ** Garland," *^'*"" 
arrived here to attend as a Guard ship, but by the misfortune of spring- EdmM Jcningi 
ing one of her masts at Sea, k being also very foul, Capt. Stewart has not 
been able to do that service, which might otherwise have been expected Depredations of 
of him. Soon after his arrival, one Crapeace, in a privateer sloop of P"^»^«cr8 
four guns and about seventy men from Martinico, took a ship belonging 
to Liverpoole and a sloop from the West Indies, a little to ye Southward 
of our Capes. Upon w*^^ her Maj"®" Councill here caused a nimble 
sloop to be impreffed and delivered to Capt. Stewart, who man'd her, 
and together with y® Garland, Cruised about the Capes for some time, Ve«ei sent in 
but had not the good fortune to meet with this Privateer, and being P"""'' 
obleiged soon after to quitt his Station in order to fitt his ship, for putting 
in Execution the orders he has lately Received for Convoying the mer- 
chants that are now bound for England, the further pursuit of the Pri- 
vateer has been thereby interrupted, who has since taken y* boldneff to 
come within the capes, and as I am informed has not long since taken a 
ship off the Capes of Delaware. The knowledge this Privateer hath 
gained of our Coasts, and the success he has had, will, in probability, 
encourage him and others to visit us too often ; and I am persuaded yo^ 
Lordship is so fensible of the loiT her Majesty, as well as her subjects, 
sustain in the taking the Ships bound from the Countrv, that yo' Lord- 
ship will judge it neceflary that a Guard ship of good force should con- 
stantly attend here, which, under the Conduct a diligent Com*'^^ would 
efFectually secure this trade. # *  * 

• « 4c He • He 

Some time before the Death of the late Governor, y* Gen^ AfTembly Reasons why 
was prorogued, and afterwards, on advice in Councill, it was thought fitt ^^® AstemWy 
to Continue it under prorogation, that there might be an Aflcmbly ready ^onf tlmifto 
to meet in Case any thing extraordinary, for the safety and peace of the time 
Country, should require it before the Arrival of a Gov', (who was then 
daily expected,) pursuant whereunto prorogations were made from time 
to time. But it being Surmized amongst y^ BurgefTes that by thefe fre- 
quent and repeated prorogations, they were ipso facto difolved; therefore 
left that Scruple might obstruct the Countrys businefT when there should 
be Occasion to call them together, it was thought fit rather to difolve y® Assembly 
Aflfembly by Proclamation j and y* Country being (God be thanked) <i««olved 
very quiet, it has not been judged neceflary as yet to call another As- 
sembly. 

Some Vagrant Indians of the Tufcarora nation, who used to hunt for Murderi com- 
the Inhabitants of the frontier plantacons, having last fall Committed a "*""** i^^j-^"*' 
murder in New Kent County, three of the persons suspected were ap- 
prehended, two of w^^ poisoned themselves in ye prison, the third, whose 
name is Jack Mafon, was tryed & found guilty by y^ Jury, but upon 
such slender proofs, that the Comm®" appointed for his Tryal thought 
fitt to recommend him as an object of mercyj and it has been since 
proved that he was at another place some miles distant at the very time 
the murder was Committed. But he being convicted of wilfull murder. 



which her Majesty hath not permitted to be pardoned here without her q 
Majesty's exprefs order, I humbly pray your Lordsp. to move her pa 



ueen only to 
pardon 



lU 



CALENDAR OF STATE PAPERS. 



Conduct of S. 
Carolina 



Made Lieut. 
Governor 



1708 Majesty for her Royal pleasure therein. There are other Indians 
suspected of this murder, who are now among the Tufcaroras, from 
whom they have been demanded, in ord' to be brought to Tryal, but 
they have not yet answered the demand, tho I hope Satisfaction will 
be given concerning them without Danger to this Country. 

The Government of South Carolina have lately seized divers goods 
which y® Indian Traders of this Colony were Carrying to y* Western 
Indians, & have very much interrupted that Trade. I have, w*** y^ ad- 
vice of the Council, written to the Govern' of that Province to know 
his Reasons, it being a new practice never oflFered at before, tho that 
Trade has been Carryed on by the Inhabitants of this Colony thes:^ 
many years. If that Government have power to restrain all but them- 
selves from tradeing with the Western Indians, under pretence of their 
being within the Proprietors bounds, (tho they own no subjection to 
them) it will very much diminish the Trade of this Majesty's Colony^ 
and leffen the Consumption of the manufactures of England, which are 
now vended in that Trade. 

* On the 27^*^ of this last month, I had the hon*" to receive her Ma- 
jesty's Royal Instruction impowering me to take upon me the adminis- 
tration of the Government of this Colony, and to execute the same 
powers as her Maj^^* Lieut. Governor or Com*^^ in Cheif could or ought 
to do during the absence of her Maj^^°* Lieut. & Governor Gen^^. I 
must acknowledge this extraordinary mark of her Majesty's Royal fa- 
vour is an honour I as little expected as deferved, and for which y^ utmost 
of my endeavours for her Majestys Service will be too small to expreflT 
the deeper fense of it, w^^ I shall ever preferve in my heart ; and I know 
so well y° part yo*" Lordp has in dispensing her Maj^^®* favours, that I 
cannot be unsensible how much y® Trust her Maj^^ hath been pleased 
to repose in me on this occasion, is owing to yo*" Lordp' favorable char- 
acter of me, for which I beg your Lordship to accept my most humble 
acknowledgem**, & to beleive that I shall make it my care never to for- 
feit yo' Lordlhips good opinion. 

Wiidom of the The Act of Affembly w°^ imposed that usefull and neceflary duty on 
policy of im- Ljquor & Slaves imported into this Colony, expired on the 24^^ of last 
and 8lavef^"°" moneth ; It hath raised about four thousand pounds, whereof three 
thousand was appropriated to the building a house for the Governor. 
The outside work of this house is expected to be finished this Summer, 
^ch ^jij exhaust the whole fund appointed for that building, and the 
overplus of those impositions cannot be applied towards finishing it with- 
out y® Direction of the Affembly, but I shall take all neceffary care for 
having that work Carryed on and finished as soon as may be. 

I am sorry to acquaint yo^ Lordsp. that y® price of Tobacco here 
Continues still very low, and which is worse, there is like to be but in- 
diferent crops made this year. 

The fHeet lately arrived has supplyed the Country very plentifully 

with goods for y® present, and I wish y** merchants would so far see the 

supplied with^^ g^"" interest of the nation, as well as their own, as to send in Continued 

goods supplys of Cloathing, w^ will be y® only Effectual means to take off the 

Inhabitants of this Country from going on Woolen and Linnen Manu- 

* This statement establishes the date of Ed, Jenings having bean appointed Lieutenant-Gov- 
ernor and Commander-in-Chief, viz : May 27th, 1708 ; he having been acting President of the 
Colony since the death of Governor Nott. 



Tobacco 



Reasons why 
the country 



CALENDAR OF STATE PAPERS. 1^6 



ficturts of their own. It was necessity that forced thfem at first upon 1708 
this course ; but the benefitc they have found by it, in the kte scarcity q^^^^ ^^^ 
of goods, and y^ Experience they have gained therein, seems to have woollen 
ca/i firmed in them too great an inclination to continue it in so much Manufactories 
thsLZ tliis last year, in some parts of the Country, the planting of tobacco 
has l>een laid aside, & y® improvement of y® manufactures of Cotten, 
Woolen & Linnen followed w^^ an unusual Alacrity & application. 



a Council held November the z"**, 1708, present — The hon**^® the Nov. id 
.dent & Council. 14, (>„„ 

y>/l^ Henry Cary, Overseer for the building the Governor's houfe, re- »PP'»«^o'^"nd« 
presenting that he cannot prevail with y* Workmen Employed therein to Governor's 
proceed in covering the sd. Houfe, pursuant to the directions of this bouic 
Board, unless the arrears due to them (which amounts to near two hun- 
dred pounds) be first paid, but that done, they are willing to cover the 
same & wait for their pay from the General Aflembly. It is the opinion 
oF rhc Court that M** Benj. Harrifon, the Country's Treasurer, be di- 
xected to advance two hundred pounds for the above service, out of the 
money in his hands, arising by the late impositions, and this Board do 
ciiga^e that the said fum shall be refunded him out of the two shill" pr. 
hogshead, if the Assembly do not allow the same in his account. 

WIL. ROBERTSON, C. Cort. 

Endorsed Aprill 21**, 1709. 

I Have rec** the fume of two hundred pounds, according to the above 
order. 

HENRY CARY. 



ye Hono^^® ye p'sident & Councell : 

Henry Cary moste Humbley Sheweth — 

lat whereas, you were pleased to order me in October laste to take Cost of making 
5^^^ A burne y® bricks y' ware made y^ fomer before, att y® Governors ^^^ burning 
^^J^f^^ & in order thereunto, have provided wood to burne y*^ j butt not "*^ ' 
r^^^ingany money to defray y* charge, doe pray y' you will pleafc to 
^^^ fum way to pay y*^ charge, y^ y® bricks may not oe lofte ; y® whole 
P ^^ge will amount to about nine & twenty or thirty pound, besides y® 
^*"^«ing; ye particulars whareof are here under riten : 

S. £ 

. ^^^ loads of wood, 12. 6. 7. 6 

'T^ '^^Xoulding & burning 70 M. bricks, 3 s. 6 d. p' M., 12 5 o 

^^ laborors worke resetting & burning y", 300 

29 3 6 



p Jciseph John Jackman, Sheriff of Surry County, petitions the Hon**^* S'*^ ^^"'"^y 
^^ ^^ident and Council to be discharged from performing the duties of 
*^ ofEce. 



U6 CALENDAR OF STATE PAPERS. 



1708 To the Hon^^^ the prefEdent and Counsell: 

Eiiiabeth City W"* Lowry, SuTvey' of Eliz* Citty County, 
County Humbly Sheweth, 

That in purfuance to an Order of his Ex'" in Councill of the 26^ of 
October, 1704, hee furveyed, mefured and laid out the tract of land 
\V^l rT^°ir ^^^'^^ " poynt Comfort " Ifland, Tranfmitted into the Councill office an 
' ° Exact plat and survey of the fame, for which service his Leagal fee is 
584^ pounds of Tobb°. That by another order of his Ex^^ and Coun- 
cil of the 5"* of May, 1 705, it was derected that the pett' should bee paid 
out of the next years quit Rents, but forafmuch as the pett' heas rec'* 
noe p* of the s^ Tobb% the p^ humbly prays that derections may bee 
given that hee bee payed the said sume of 584^* of Tobb°, Convenient 
in Elliz* Citty County, and hee shall pray, &c. 

By the Hon^^« Councill. 

The Council M' Speaker & Gentlemen of the Houfe of Burgesses — It having been 
recommend found necefsary in the year 1708 to send certain meflengers to the Tus- 
Harrison ht^^'- carora Indians to demand some of their nation who were suspected to 
imburscd for have been concerned in the murder of Jeremiah Pate, of New Kent 
expenses, at- County, Coll. HarHson did, by order of the Council, pay the said mes- 
^nding the sengers for their trouble ; and also by the like order distributed Rewards 
business to some of the Tuscarora Indians who brought in one of the said mur- 

derers, and paid the Guards that conveyed them to the publick Goal at 
Williamsburgh. Which said charges having been expended for the ime- 
diate Services of the Country, and for preventing a far greater charge, 
which would have accrued by the calling of an AflTembly at an ansa- 
sonable time, or proceeding against the said Tuscaroras by way of Force. 
We can do no lefs than recommend his Claim to the consideration of 
your House, that he may be reimbursed what he has so laid out. 
By order of the hon^^® Council. 

WIL. ROBERTSON, 

Clk. Gen^ Affembly. 



No date To the Hon^*® The President & Council : 

Timothy Nicholson and others. Masters of Ships, 
Humbly sheweth, 

*Betty Galley/ That y' pet" ships have for some time lyen Laden, waiting tor orders to 
hsr force jj^ cleared, having understood that like orders had been given for clearing 
some ships in Rappahannock. That y' pet" are at great Charge in feamans' 
wages, & if detained, their Voyages will be ruined 3 that the Betty Galley 
is a ship of force, carrying 16 guns and 30 men, and had the Queens 
letter, but being long on his voyage, it is lately expired. That y*" pet" 
conceived themfelves to be in equal safety in y^ comp^ of such a ship as 
if they were with Capt. Brookes, whom y*^ Bono" have already judged 
to be able to protect ships in company with him. 

Wherefore y' pet" pray they have 
leave to clear & sail, together 
with y® sd. Betty Galley being 
ready, to stand by one another 
for their mutual defence. 

And they shall pray, &c. 



CALENDAR OF STATE PAPERS. 127 



• To The Hono^^« The Prefident & Council of Virginia : 1708 

We, the Queen and Great men of the Pamamuck Indians, with all No date 
humility & submiffion, begg leave to represent to * # * * p^^.^.^^ ^^ 
That, as an acknowledgement of * * * Subjection to the Queen Ann of 
Sovereign * * * # Crown of Great Britain, we are thePtmunkeyi 
obliged  * * ^ certain annual tribute to the Gover"^ k ^^/^^^^f f/™ 
Command' in Cheif of Virg% for the time # * * ^jjaf ^^^j^"*" 

tbo' hitheito we have waded through many difficulties to enable us 
thereto, we fhall ever study and endeav' to shew *  * * 
complying therewith. 

But so may it pleafe yo' Hono", that * • * # own- 
ers or Possessers of the land * # *  ^^^ ^^ Chick- 
ahomany Swamp, the cheif sources from whence we have hitherto 
* • * * • with the means and possibility of subfis- 
tance, and complying with our af *"* Tribute, or acknowledge * * 
* * do refuse to permitt us to hunt for * * * * 
beaver. Elk, Bears, &c., in those • * • * ^e have 
^onc^ And that by * * * it will not only be 
impoffible to comply with our s** Duty, but we * * * 
an uxirefistable necessity, peri(h for * * susteneance. 
* * * We begg leave t6 refcrr to y' Hono" con- 
sideraoon the great Greivances * * by sev" 
cngliftimens' Keeping #  * from us, sev" young 
lien of * * * against our wills and Confents, 
^'lo *  * us in the Difficulties & hardships 

* * • under so great a weight of poverty * * 
as the af*^ Reftraint has brought upon us, are eafily wnoUy to leave 

* * * Town, and thereby to bring it and us, not only 
^0 3- final ruin & deftruction, but * # * * imediate 
Subverfion by the * * of want and biting penury. 
And ttiat * * are kept and detained in the * * 
ap*ns^ our confents, & protected against us, k those Laws or Rules of 
Goverfiment * * by the favour of her Maj'^ and yo^- 
Hono*" • * mosiily heretofore enjoyed among our 

• your Laws, Rules k Orders, will be altogether ineffec- 
^"?** All our young men * * and the poor old men 
whofe jjQjy *  by the stealing length of their days 

* melancholly, disabled for either motion, or * * 
^og^tHer with the helplefT women, who * * of the 
^nglish will take into their families, must stand the fhock of Extreme 

. * left inevitably to starve and perifti, * * 

^^^■^ famine, whilft thofe-who * * provide for the 

^^^cessities of * * and our Complyance with our afr** 

. * Tribute, by a lawless liberty * • and 

^ ^^ thefe sad * * thofe that cannot avoid them, 

^]l . * Consideration whereof, and for as much as we (hall at 

y-.^^ics & in all cafes, endeavour * * Directions from 

jj^ "ono" wills. May it pleafe yo' Hono" Seriously to reflect upon our 
I^ V^^^ssed A; miferable State & Condicon, and * * Ca- 

*^y by a timely * * and releivin^ us against 

is document it to nuch mutilated that it can icarcely be read. 




1$8 



CALENDAR OF STATE PAPERS. 



1708 



1709 

Jinuary 5th 
Hamptown 



* * inconveniencys and mischiefs by such * * 

as yo" Hon" (hall approve to be confistent with Mercy k Justice, and 
we (as in Duty bound) shall ever pray, &c. 

rOUEEN PAMAMUCK, 
ANN, X 
M» X YOUNKS, 
MR X JOHN, 
M» X PO WHITE, 
THO. X BECK, 

. FRA. X MAOCO, 

^ SHAM X MEAREN, 
HENRY X MARSHALL, 
JAMES X CORVAN, 
THOS. X ROGERS, 

X CHARLES, 

THOS. X SECAWESAH, 

^JOHN X HICKS. 



Great men. 



Capt. Geo. Gordon, of her Majestys ship '* Maidstone," writes to 
President "Jenings" for leave to procure two months Provisions for his 
ship from M' Luke, who will furnish the same when ordered, &c. 



January 5th Capt. Geo. Gordon to President **Jenings," thanking him for the several 

On board the favours shown him, and adding : ^^ as foon as Pve Settled some affaires, 
«Maiditone"in shall waite on you to Kifs your hands." Informs him of the desertion 
Jamei nvcr ^f ^ number of his crew, soldiers & seamen, whose names he sends, and 

offering reward for the apprehension, or any information respecting them, 

&c., &c. 



March 4th 
Virginia 



"^ Account of Sundry Difbursments for the use of the Brigantine 
Sea-fflower," since she hath been taken up in her Majesties Service. 
By the Prefident & Councill, &c. 



Cl 



March 8ch 



Petition of Brinoldus de Haes, master of the Brigantine ^^ Bon Ad- 
venture," to the Council, to be allowed to sail in company with the 
" Virginia Merchant," of Liverpool, a '' ship of good force," whose 
captain had promised to keep company with him- to Ireland, whence he 
could get Convoy to Bristoll, &c., &c. 



March 8th 



Petition of John Norsworthy, Henry Jenkins, John Lear, John King, 
Thomas Boyle & Lewis Conner, owners of the Brigantine ** Society," 
of Virginia, to allow the said vefTel to sail, she having ^^ now her full 
Ladeing of Tobacco," &c. 



* For new boat, bread^ water casks, gun-carrisges, powder room, iron pots, iron work. Tal- 
low, Tar, ** 20 pallet for ye tailors to eat their pork and pease in," cordage, pilotage, &e., Ac, 



CALENDAR OF STATE PAPERS. Ii9 



To the Hono**^® Edmund Jenings, Esq% And to the Hon^^* Councill of 1709 

S^atC, Ac: March 8th 

The Petition of Richard Kendall, 
Humbly Sheweth, 

That by an Order of this Hono^^« Board, Dated the fifth Day of ffeb- p^°P ^^^^ V 
ruary, 1706, It was ordered that the personall Eftate of one Henry at*pubiic* '° 
Nicholson, of James Citty County, (there lately found fFelo de se,) should "outcry." 
be fold att Publick outcry, and accompted for by the SheriiF of the said 
County to her Maj^*' Receiver Generall. The which order has been duly 
complied with. And y' Petitioner having been at great expenses in paying 
of the Coron" fee, & in ferving & preferving of the faid Eftate before 
fuch fale from perilling, as by his Accompt hereto annexed appears, 

Y^ Petitioner humbly requefts y' Hon" 
to order her Maj"*' Receiver Gene- 
rall to reimburfe him his said Ex- 
pences, &c., &c, 

Hon"« S'— 

Pursuant to an order of y' Hon*" in Councill, Dated y* 21** Inftant, March 24th 
Directing y® Examination of Seve^ Negro and Indian slaves concerned Surry County 
in a Late Dangerous Conspiracy, formed and Carried on by greate num- 
bers of y*^ said negroes and Indian slaves for making their Efcape by 
force from y* Service of their maftcrs, and for y® Deftroying and cutting 
off Such of her Maj^^'" Subjects as Should oppofe their Design* We, proceedings in 
the subfcribers, have accordingly proceeded to y® said Examination, (a the case of the 
coppy* of w** is herewith transmitted,) and have punished and Discharged Negro and in- 
all Except M"^ William Edwards' Scipio, M' Joseph Jno: Jackmans' fn';;///c't"^ 
Salvadore, and Tom Shaw, Belonging to M' Samuel Thompfon, who, 
we are of opinion, are the Principal Contrivers and most remarkable in 
ye aforesaid Conspiracy, who do still Continue in yt Goal of the County 
till further or*^" from your Hon^ As to y'^ Probabillity of ye Testimony, 
it Appears to us very clearly from the Evidence that we have taken, 
that Scipio and M*" Samuel Thompfons' Peter, who is now outlawed, 
were the firft and Cheif promoters of that wicked and pernicious de- 
signe. their Behaviour, as well as that of Tom Shaw, having all ways 
been, but more Especiall) for some little time paft, very rude and In- 
folent. As to Salvadore, he has been a great promoter and Incourager 
in persuading of 'em to ye probabillity of Effecting their designe and in 
promifling of 'em his Affiftance therein. 

We are yo' Hon" 

Most obed* humble Serv*% 

THO. HOLT, 
NATH^^ HARRISON, 
W*^ EDWARDS, 
WM COCKE, 
ETH'^ TAYLOR. 



Alt a Co'^ held for the Isle of Wyeht County, y* 24'** of March, liie of Wyght 
1709, by or**' of the Hono^^® y® p'sident & Council, for Examinacons of ^^""'y 
matters relating to a Conspiracy of divers negroes. 

* Not found. 

17 



130 CALENDAR OF STATE PAPERS. 



1709 The Cor^ apprehending that by the referring the Examinacons in this 

^^ ^^ matter, they may have better Informacon by Evidence or Confeffion for 

iniurrection the more Exact & full putting in Ex^°' the sd. Ord*", have thought iitt to 

adjourne the Cor' till Monday, the 27^^ Instant — Att which Co'* held y* 

2*]^ March, 1709. 

The Co'* having caused the severall negroes in Custody, and the Evi- 
dence produced, to be duly Examined, and finding that it does not ap- 
pear that any of them are principalis or abett'% have proceeded as fol- 
loweth, viz' : • 

Negroei Scipio It appearing to the Cor' that Manuell, a negroe of M' Jno. George, 
and Manuell ^ ^Y\t Confcffion of Scipio, a negroe of M' William Edwards, at Surry 
Cor', and by his own Confession was Knoweing of the designe of the 
negroes goeing away, Ordered that he receive fibrty Lashes upon his 
bare back, well layd on. Which was performed accordingly. Upon the 
Examinacon of James Booth, a free negroe, the Cor' nnding he was 
Knowing of the negroes Intentions of goeing away, and likewife enter- 
teyned diverse of them att his house, ordered that he receive twenty-nine 
Lafhes upon his bare Back, well layd on — which was done accordingly^ 
and then the Co' adjourned till further Informacon. 

Test \ 

CHAS. CHAPMAN, 

Clk. Co. 



March 28th Thomas, Earl of Pembroke and Montgomery, &c.. Lord High Admi- 

rall of Great Brittain and Ireland, &c.: 

Orders looking Whereas, I have directed the Captain of her Majestys ship, the Re- 
1°^^**!^^^*°** °^ serve, which attends on the Government of New England, to hyre a 
Virginia watcn vessell of ten or twelve guns, either there or at New York, and to cause 
her to be manned and equipped in all respects in a war-like manner, 
and then to send her to cruise within the capes of Virginia, to protect 
the trade passing in and out from the small Privateers of the Enemy, 
. and to direct her Commander to follow such orders as he shall receive 
from you. You are, therefore, hereby required and Directed to take 
the faid veflell under your Command, and employ her in such manner^ 
from time to time, either within or between the capes of Virginia, as 
you shall judge may most effectually answer the intended Service of pro- 
tecting the Trade, and annoying the Enemys' Privateers as aforesaid, 
which lurk within the Bays, and under the Land. 
Given under my hand this 28*** day of March, 1709. 

PEMBROKE. 
To Capt. Cook, Commander of 
her Majestys' ship the Garland, 
at Plymouth. 

By Command of his Lordship, 

BURCHETT. 



April 6th Honoured S' — 

Princeii Anne These are to inform you that I rec^ this dav an account by a Credible 

County p'son living upon y® Sea side, that on Monday last being y® 4*** inftant, 

about eleven of y* Clock, that he saw a sloop inward bound, & another 



CALENDAR OF STATE PAPERS. 



131 



) 



sloop lying under y^ shore goe off to her ; upon y* firing of two Guns, 1709 
take her and carry her ofF to Sea, and after they had been both out of ^^ . . 
fight, about a space of an hour, he saw y^ sloop, as he supposes, that moTcmcnti of 
went off from shore, return & lye at anchor y^ remainder of y* day un- TesseU 
til half an hour before sunset, or thereabouts \ at which time seaven 
ships and a sloop appeared outwards bound, & coming to Anchor about 
7 miles to y* Southward of y* Cape ; about sunset the sloop made to- 
wards them ; lay at anchor, as he conjectured, within a mile of them, & 
next morning none of them were to be seen. 

In hast, I remain, S% yo' very Humb. ferv\ 

EDW» MOSELEY, 



M' W°» Robertson, 

To 6 nights Lodgings, 
To 6 meals Victuals, 
For Tankard Punch, 

* * Meat, 6^ 
To 2 Loafs of bread, 
To I Bott^ Rum, 



6S 

7i^ 



D\ May 7th 

£. S. d. Tavern bill 
O 



o 



o 
o 
o 
o 



3 

3 

o 

2 

O 
2 



Q Price of 
' -y Provifioni at 
7? thii date 

9 

7i 
o 



12 



Whereas, by virtue of an Order from the Hono^^* President for Im- May a6th 
preiEng of three men to serve on board the Brigantine " Sea-fllower." Warwick Co 

Thefe are to Certifey that M*" Natha. Jones, under Sherriff, did Im- 
preff two men in persuance to the said order, and allso did Impreff a Wcn^imprewcd 
boat and two men and carried them on board the said Brigantine, &;c., 
&c. 

WILLIAM GARY, 



Hon^l* S% Jaly 14th 

I rec* an order of Council grounded on the Complaint of M' Benj* Surry County 
Harrifon. I had. heard y^ Complaint on both sides before, a few days 
after the murther was committed. I beleive the Complaint is true, but 
know not how to help it. The King of y* Sapponeys was at my hous, 
and ye Nottoways & Meherins likewise ; y* Sappony King Complained Qaarreis among 
that ye Nottoways and Tufcarodos had Killed two of his people, and the Indians in 
Demanded y* delivery of the Murtherers. The Nottoways in anfwer, Virginia 
said the Sapponeys had Killed 3 of there men and wounded two more 
not long before, and they thought it as reafonable that they should 
have Sattisfaction for there people that were Kill'd as y® Sapponeys, then 
y* Sapponeys offered to take pay for there two people — the Nottoways 
told 'em if they would pay them for there 3 men that were Kill'd, they 
would pay them for there 2. I told them if they would make Bargains 
amongst them felves, I had nothing to say to it ; it was not our law to 
sell mens lives for money. Then ye Sapponeys said it was not they 
tAat Kiird y® Nottoways 5 it was the toteros ; y® Nottoways sd. if it was 
not^ they, the toteros come with them, and they were all as one people, 
and that the Sapponeys had promiiu before me that they wculd help the 



13$ CALENDAR OF STATE PAPERS. 



1709 Nottoways to cutt of the Toteros, but inftead of helping them, thejr 
had betrayed them and given the Toteros notice of there coming. The 
Nottoways further sd. they had given y* Sapponeys a quantity of ronok* 
(Roanoke) to help them, and if they would cutt of the Toteros, they 
should not only keep that, but they would pay them for there two peo- 
ple that were Kill'd. Ye King of y* Sapponeys said when he came 
home he would acquaint his men with it, and would send ye Nottoways 
word in 10 or 15 dayes what the would do. I have heard nothing from 
them since. I did then charge all y*' Indians that they should not way- 
lay any pathe neere any English Plantation, neether should they hurt 
any Meffengers goeing from one nation to another, w*** they all promifed 
to obferve, only they defired when any mefsengers were sent, they should 
Keep y® path, that they might be Known from strange Indians. By the 
beft acco* I can gett, it was a Tufcarodo that fierd the firft gun, and y® 
same Indian went to Ben Harrifons Quarter over night to difcover what 
Indians was there. What is beft to be done in that case, I shall leave 
to better Judg™*% but I am very sure if y® Gover™* delivers a Tufcarodo 
Indian to ye Sapponeys, and they Kill him, twill cost the life of an Eng- 
. - lifhman, if not more. I could say a great deal on this head, but twill 
th°eEng!ish and signifie nothing, so Pie leave it. I have taken all the care I can to 
Indians remedy all Complaints between ye Englifli and Indians ; and truly, I 

think our people are as much or more to blame then ye Indians ; people 
, seats out contmually, w*^^ Caufes many Quarrels. Y® Proclamations sent 
Proclamations ^"^ ^Y Y^ Govern*, Signifies not a rufh, and unleff ye officers & others 
diircgarded would pay more respect to y® orders of ye Govern"*, I cant see how it 
can be Expected from ye Indians, 

I am, Hum»^^« S% 

yo^ moft Humble Ser^*, 

BENJA. HARRISON. 
To ye Hon^^® M' President Jenings, 
at Williamsburgh. 

July 29th Application for pay as " Look-outs " on the Sea side ; they having 

Princess Anne ^^^^ appointed by Coll. Edward Mofeley, with Certificate of services 

County rendered, by Thomas Keeling, C Moore, Robert Richman and 

Henry Wallfton, citizens of P. Ann County, &c., &c. 

August 10th I came from New York a Sunday, and Gott off these Cappes a 

Lynn-haven Monday in the Evening, where I met Capt. Cooke and left him In 

Bay haulfe anhower after chafeing to the Norward, I Define to Keep Crufe- 

ing within & about the Capes Till this month be out, then to come into 

Capt. Jo. James River k make up the fleet, which I hope will be Ready by the 

middle of next month. There is no nufe at Yorke, but a lementable 

Col. Nicholson ^^ie for the arrival of the fleet In New England. Co" Nicholson is 

ready at the side of the Lake to Imberke with fifteene hundred white 

men & six hundred Indeones, as foone as he heres of the arrivall of the 

fleet, & is mity well Prepar** with Canvofe & every thing that is neceflary 

for his Crofing the Lake There has been severall vefsells Taken near 

New Yorke. In hope of Keeping this Coaft clear & * * * 

Broone Prize, I am, s' yo^ Humble Ser^^, 

JNO. ROBERTS. 

* Shell money. 



CALENDAR OF STATE PAPERS. 13S 



* Gents : I have yo" of the 31*^ past, and am sorry to find by it, 1 709 
there is so little appearance of yo"^ Reconcilement to y^' minister — I j, . 
can't tell howr you may apprehend the consequences of such a proceed- ' ' 
ing, as you seem to have undertaken, but for my part, think it of ^j^^"*"JJ '? 
so extraordinary a nature, both in respect to the whole Country & Letter^to the* 
the Clergy in general, (for whom I shal always have a just and Vutry from 
equal regard,) that I intend to have y® advice of the Council thereon. President 
at their first meeting, after w*^** you shal have a further answer: J*"*"*' 
In the mean time, I expect and require it of you, that you will give 
M' Sclater no interruption in y® Excrcife of his miniftry in Yo** Parish, 
but that he may be permitted to discharge it as heretofore — I think 
it fitt also to fatisfy you, that I can't agree in opinion with you as 
to removing ministers, that have so long officiated in a parish as M' 
Sclater has in yo" without a legal hearing before proper Judges — I 
have some interest in y^ parish, and have a regard for its Inhabitants, 
and notwithstanding the just respect I have for y^ Clergy, you may de- 
pend on equal Justice & favour, & I shal be extremely Concerned, if you 
force me to begin the Execution of that Right, her Majesty hath been 
pleased to intrust me with, in such a manner as may not be gratefull to 
you — You seem to hint, I had re*** informations from M*" Sclater — I can 
afsure you M^ Sclater has never given me any informations, that have 
prevailed with me, so much as my own observations, and the acc^ of 
persons altogether disinterested, whom I had no reason to disbelieve, who 
have told me of y** proceedings with astonishment at y"^ rafhnefT & in- 
consideration. 



To The hon^^° The President and Council — 

Robin, a Pamunky Indian, 

Humbly Sheweth — 

That he has for Diverse years past been bred among the English, and Petition of 
has been instructed in the Trade of a Shoe maker, whereby he is now „u^j[y' *ndian 
capable of getting a Living among the Inhabitants of this Colony, But to lemain with 
the great men of the sd. Indians having obtained an order from Yo' the whitet 
Hono*^" that all Indians of that nation should return to their Town, yo' 
Pet" Trade is like to become of no ufe to him, and he's like to be com- 
pelled to forsake the company & conversation of the English (among 
whom he has been bred) with w*^^ he is much more Delighted than with 
the barbarous Customs & manner of Living of his own nation. 

Wherefore yo^® pe*** prays yo^ hon" to 
give him leave to stay among the Eng- 
ligh and toExercife his Trade where 
ever he shall find Encouragement. 
And he shall pray, &c. 

At a Council held at the Capitol, the 2f^ of October, 1709, Oet. a7th 

Present— Williamiburgh 

The Hon^^*- the President & Council— ^'^*'°^ 

On the Petition of Robin, a Pamunky Indian, praving Leave to stay 
among the Inhabitants of this Colony, where he has been bred for seve- 

* Without signature. 



134. CALENDAR OF STATE PAPERS. 



1709 rail years past, and instructed in a trade, whereby he is Capable of main- 

Order in Coun- ^^^^^^^S himself, and that he may not be obliged to return to his own Na- 

cii granting the tion, according to a former Order of this Board — In Consideration of 

petition of the Petitioners' having been bred so long amongst the English, and that 

*"***" his trade will be of no use to him, if he returns to his own Nation, The 

Council do therefore grant Liberty to the said Robin, to Continue 

amongst the Inhabitants, and to exercise his trade wherever he shall find 

encouragement. 

Not. 8th S' 

Boston. Sr : At your arrival here upon the 1 1**^ of October laft paft, I received 

Nc* England j^^^ Maj^*" Commands, from the R^ hon^^^ the Lord Sunderland, to ufe 

my beft endeavours for the recovery of the Bahama Iflands from the 

Enemy, dated the 27**^ of July, and of the 28*** of the same Month, my 

Lord High Admirals' Orders in your Inftructions direct the Service of 

your ships in Conjunction with her Maj**^" ships at New York, the Re- 

Initrucdons &c ferve in this place, and the Garland at Virginia, or any of them, to pro- 

^® p*P^- ^^^*>« ceed for the recovery of the Bahama Islands from the Enemy, and that 

iWp^Enwrpri^ 7°" ^^^ ^^ foUoW my orders therein — ^a Coppy whereof agreeable to my 

looking to the' Lord high Admirals Comands, I received from you soon after, your arri- 

re-capture of yal, fince which her Ma'''" Officers Colonel Nicholson, CoUonel Veitch 

:«*^l;«!l!!.?;*«« & myfelf have ufed all means to have proceeded with the New York 

in conjunction • . ' . t-» • t_ /^i_ o t» m r 1 i/- 

with the ship ships, the Enterprise & the Chester to rort-Royall, from whom thefe 
Garland in Provinces havefeceived very great damages, but are disappointed of thofe 
Virginia hopes, by the Departure of the York ohips, and your own refusal, as 

Judging it not agreeable with your orders — That affair being now ended, 
and the Referve being otherwife disposed of — I do hereby direct you to 
ufe all pofEble diligence to perfect the Repair of your Damages, in your 
late voyage hither, for which you had my Warrant at your arrival, and 
that you then take the firft opportunity of wind & weather to fail for 
New York to Joyn her Maj'^^* ships there, who are alike ordered to at- 
tend the fervice at the Bahamas — 

And then with the Comanders of thofe ships & the advice of her 
Ma'^'" Governour of the Province of New York, if you be thereto re- 
ferred, Refolve whether to call at Virginia, or for fear of difficulty of 
getting in this winter season, to write over land, and agree where to meet 
the Garland upon the coafTt of the Bahamas, for the intended fervice — 
In case her Ma*'^' ships at New York, or either of them do not pro- 
ceed with you (which I cannot suppofe) you are then hereby ordered, 
without delay, to make fail for Virginia, and joyne the Garland there for 
the faid fervice at the Bahamas — And if the Garland (hould fail of that 
fervice, which I am by no means to suppofe — 

I then apprehend, that a perfect knowledge of the prefent ftate of 
thofe Iflands may be gained by only sailing along by them, with her 
Maj^^^ ships under your Command, to know if there be any settlements 
of the French on any of them, from whence her Maj^^* subjects were 
lately driven, what flrength they are of, and what Buildings & Fortifica- 
tions they have made. This I judge to be neceflfary for her Maj'^* ser- 
vice & Satisfaction & may be performed in the winter, when the weather 
will not allow your lying out at fea off the Coafft of Virginia, and leff 
need of a Guard, the Danger of Privateers then little or none — I have 
written of this import, to the Governor of Virginia k doubt not but he 



CALENDAR OF STATE PAPERS. 136 



will direct accordingly, and you will alfo please to Communicate this to 1709 
him. 

And after you have made the beft discovery you may at the Bahamas, 
and return to your Port in Virginia, in Obedience to my Lord high Ad- 
miralls' Or**" 1 dcfire you to give me an Account of your proceedings & 
Discovery, which I shall carefully Transmit home as is my Duty — I 
hearty wish you a good voyage and succeiT and am 

S' your humble fervant 

J. DUDLEY. 
A true Coppy f 
Nich. Smith. ( 

Virginia ff: Dec. — . 

Edmund Jenings Esq' President of the Council of her Majestys VirginU 
Colony and Dominion of Virginia. To all whom these presents shal 
come Greeting — Whereas, her present Maj*^, and her Royal Predecef- 
fors have been gratiously pleased, to give, grant & Confirme with all the Copy of Past 
Inhabitants of this her Matys' Colony and Dominion, a free & open g«nted to all 
trade with all Indians whatsoever, w^** said priviledges are likewise Rati- '"^'*" *"*'*^* 
fyed by one AS of Afsembly made at a Ge"" Affembly begun at her 
Majtys Royal Capitol the 23** dav of October 1705, as by her Maj*^^ 
Royal Instructions & y® sd. Act of Affembly may more at large appear. 
Know yee, that I the sd. Edm^ Jenings Esq' do, persuant to her Majes- 
tys' gratious ConcefEons Give and Grant unto 

an Inhabitant of County in this 

Colony, full Leave & authority to trade & traffique with all Indians at 

^" times & in all places whatsoever on the Continent of America, not 

^yjder the Dominion or Subjection of any State or Potentate in Enmity 

Hrjth her Majesty — And I do hereby defire and request all Governors, 

^l^xxx. Gov", Judges, Majistrates, k other, her Ma^^ officers in any of 

Vi^r IVIa*y* Provinces or plantacons through w*^ the sd. 

shal have occasion to pafs, in prosecution of the Trade 
^^^resaid to suffer him to pafs & repafs at his pleasure, to receive & treat 
^^'^^ favourably and afford him their affistance (he behaving himself as 
^^revrith,) w*^ I will Kindly acknowledge on the like occasions — Given 
under my hand & y® Seal of this her Maty* Colony of Virginia at 

^^™*burgh the day of in ye Eight year of her Matys 

K-eign — Anno, q 1709 — 

Honcr^ S' Dec. 7th 

r Reced : yrs : Concerning pore Capt" Cooks misfortune and the Quaint letter in 
Queens' Lose — I afure yr. Hono"^ if I had any sloope of my own, I ^n^^\ to the 
should not have waited to have had her presed or Interd if Could for cooke'a^ihi'' 
money hired any, but was as capable to thinke of hiering the naivey of ®* * * ' *^ 
france as to Hier any Veffel here for that Coaft : By all I can Inform 
'^y fejfc the Saylers have been very Rud on to another, and also to thare 
oiicers, by w^^ Accident the shipp is Lost — Can as yett Give no ace' of, 
no oflieer yett apeareing here but the Doctor — her is many of the sayl- 
lers her, and Complaine for Vitles — After w' maner, they Left the shipp 
^ ^h^re Cap*"' is miffortaine : I canot persuad my selfe, the Cap^ 
can Be in any fault, my Selfe haveing had Sum Experience of his Care 



1S6 CALENDAR OF STATE PAPERS 



1709 and Industry for the Queens Interest — ^y^ may asure yr Selfe that if it 
had benn in my power to have Done any thing in this matter for the 
Queens' Intereft or to have served Cap^*" Cooke I should have done it 
withall my might — I heare tKe peple that Lives thare about are more 
like Turkes, or Barbarians then Christians : I Rcmaine with Due Ref- 
pects to yr. Hon^, Redy to ferve yo : In whatever I may — 
Whitch I am— G. WALKER. 

To The Hono^^** Coll. Jenings 

president of Virginia. 



Hampton Yours received, and obedience to your order sent away your ExpreiT 

Reach jq Captain Cook a Monday morning, and have alfo Enpreft a deckt 

sloop well fitted with ten good hands, with provifion, which I hope will 
feale this morning from point Comfort — I made banifster, the pilate mas- 
ter of the sloop, to take care of how to saile her to the Rock to the 
Sutherd to Coritok and their to wait upon Captain Cook, to Receive 
his orders, in order to bring away what they can save of the Queens 
stores, and have alfo taken a good strong flatt with them, which may be 
very sarvisable to them — if the wather proves very bad they may go into 
Coritok with the sloop and she may bring goods to them — I have alfo 
praifed y® sloop according to Law. Since J received your order then 
moft of the men belonging to the men of war, are come to Hampton 
town, neither money nor Credit, they Sime to be very rude and fayfe 
they will have Vitules or Elfe they will pull the houses down — people as 
bine very Si vile to them this two dayes and as gave them victuals — I de- 
fire the Consideration of your spedy order what mefures moft be taken 
that they may be provided for, to prevent further mistake, for here is 
neither Captain nor purfer to take care of them, here is no other sloop 
here fitt for any service — I here ther is one or tow in Yorke, that be- 
longs to the Sutherd, if they come about, they would be very fiting, in 
the men time this may dowe till wee have further account. I derft not 
trust they men of war men, for feare they should run away with the 
sloop, nor war they willing to go — M"" balard was not at ome, is gone 
over to Nancymom to traide. M"" Curel has bin very diligent indoing 
me all the asticance as may be, I being not very able my self to run 
about, this with my humble sarvice to your honour I subscribe my self 
your humble sarvant, to sarve 

WM WILSON. 
To ye Honourable Edmund 
Jenings Esq*" Prefident &c. 



Dec, 8th M*" Henry Jenkins' Letter to the Gov : & Council, giving at length 

Nansemond Co ^^^ difficulties in the way of appointing the Justices of that County, 

and the reasons why several of the gentlemen nominated, declined to 

serve in that Capacity — The urgent necessity for a Cort at that time 

&c &c — 



* Bean a handiome private seal in wax. 



CALENDAR OF STATE PAPERS, ii^ 



RtasoM fyf Repetlitig the* Acts paflT'd 1709 
in Virginia and Maryland relating to 
Ports and Towns. 

In March 170} the Merehants Trading to Virginia, presented to the Porti ftfow^i 
Commissioners of the Custbihes, a metfiorial, setting fbith the Adv*^ ^ia^"*«^ 
t:^ it urouW be td the Trade of thkt Coloiiy and to the Revenue thert "*" «»^*«« 
if certaiii Places to be agreed upon, were Bstabhshed as Ports, Eifclustve 
^f others, for the lading and unlading ttf sMps^-^Wh^reUpon the s^d 
Commifioners reported their Opinion to the Right Honourable the Lord 
Hi^ Treasurer, in concurrence with the said Memorial, And his Lord^ 
ship laid the same before her Majesty desiring it flight be referred to the 
then CommifionerS bf Trade and Plantations, whteh was done aCcord- 
ii^ly — Who thereupon represented to Her Majesty, That the setting 
ott and appointing of pro^r pdaees^ and of Wharfs aAd KeyS| for the 
lading and unlading of shipl there, Exclusive of others, was neceftaiy fisr 
the canying on a nir and Regular Trade, and for the better Collecting where located 
Her Majcstys' Revenue, by reason of the several great Rivers, 
that run thro' the Land, and of the scattered habitations of the Plan- 
ters — That great care ought to be taken in the doing thereof that the 
Planters as well as merchants might be satisfied therein, lest it should 
discourage the Inhabitants, and induce them to remove to other lefs ufe- 
fuU Pkintations. In order to which it was further proposed that Her 
^jesty should be pleased to direct Colonel Nott, the then Governor of 
^i^ Colony, to recommend the whole matter 00 the Aftembly, that they 
^^ter consulting with the officers of the Costomes there, might frame 
^^ch a Law, which might take in, as much as poffible, the several Inte>- 
At^a^ of the Inhabitants there and the Merchants here-^That the num- Number 
l^r of the said Ports or Places for lading & unlading ships, might not «co««en*cd 
;^^oecd three at the most, on each of the Great Rivers, And two on the 
B^^stern shore : And that in case Her Majesty, should approve what 
^^^^^s oficr'dy in relation to Virginia, the like instructions might be given 
^ ^ke Governor of Maryland, in relation to that Province— »and Her 
™^jesty approving thereor Instructions were given accordingly — 

In pursuance of which Instructions, An Act was paffed in Her Ma- Act paned 
^ ^ys' Colony of Virginia in i7o6 Intitled, An Act for Establishing 
-^'^s and Towns, which extends much further than was Intended by 
"^r Majcstys' Aforesaid Instructions. For it is thereby Enadcd, that 
^*ch place therein mentioned for Ports, be Established into a Township 
^^ JPrce Burgh ; That they have a Market, at least twice a week, and a '^"▼Uegei 
* ^**' once a Year^-That the same shall have a Merchant Guild and 
^^itnmunity, with all Customes and Liberties, belonging to a Free Burgh 
^^ — ^That all the Inhabitants of the faid Ports, shall be acquitted of 
^*^^«e fourths of the Dutres, that all other Persons shall be obliged to, 
Hj^J^ff otherwise directed by the Acts Impofing the said Duties — ^That 
^^ Inhabitants of the said Ports shall be acquit for 1 5 years from the 
ao*>* I>ccctabcr 1708 from all Servis to be raifed, by Poll, in Tobacco, 
^^Cept Parish Levies, where there are Churches or where Churches 
**^ll be built — That no dead provisbn, either of flesh or fish shall be 
^oid within 5 miles of any of the said Ports or Towns, but within the 
^*Outs of the said Town, upon pain of Forfeiture of the said Pro- 
***Oiis by the Purchafer and of the Pufchafe money by the Vendor— 
18 






188 CALENDAR OF STATE PAPERS. 



1709 The whole Ad i8 designed to Encourage by great Priviledges the sett- 
j. . ling in Townships, and such settlements will encourage their going on 
atabu!hedyand with the Woolen and other manufactures there. And should this Act 
coDMqaenca be Confirmed, the Establishing of Towns and Incorporating of the 
Ij^*^^ Planters as intended thereby, will put them upon fiuther Improve- 
^ ^^ ments of the said manu factures. And take them off from the Planting 
of Tobacco, which would be of Very 111 consequence, not only in re- 
spect to the Exports of our Woolen and other Goods and Consequently 
Effect on x.o the Dcpendsuice that Colony ought to have on this Kingdom, but 
T^cQ^ likewise in respect to the Importation of Tobacco hither for the home 
and Foreign Consumption, Besides a further Prejudice in relation to our 
shipping and navi»tion. 
Objecdoni There are the like Objections to the three fFoUowing Maryland Acts 
*pp>y to viz* 

Maryland alio ^*^ 

An Act for Advancement of Trade and Erecting Ports and Towns 
in the Province of Maryland, Pafs'd in April 1706. 

A Supplementary Act to the Act for Advancement &;c 

Paff *d the 1$^ of April 1707. 

An Additional Act, to the Supplementary Act for Advancement of 
Trade and Erecting Ports and Towns in this Province, and for the sale 
of Publick Lands in the Town of S* Maiys' in S* Maiys' County, PaiT'd 
the 17*** December 1708. 

iMtz County John Lomax one of the Justices of the Peace prays the President & 
Council, that he may be made Sheriff of the County, ^^ having never 
enjoyed that or any other place of profite    * * 
tho ne has borne his equal share of the trouble of attending Courts'* 
&c ftc. 



1710 ^' ^^^^ Weatherby 

o 

Feb. isth Thefe accompany the ship Rebeckah, Thomas Strii^r, k Serves to 

London inform you that our outward bound fleet sailed hence the latter end of 

Decemoer, who I hope are w^ you by this Time — our homeward bound 

fleet met w^ a very dismall ftormy Pailage — most of them being sepa- 

Accountof the ^^^^ ^^^^ ^^^^^ Convoy k many of them disabled, w^^ occasioned them 

diipenion and to put into ]r^ first Port they could make* so that there was some almost 

loM of in every Port in England k Some in Ireland & others to this day not 

^^uthw^ heard of; but there was 10 faile got to Portsmouth, who failed for the 

vif|inia Downs the 4^ ultimo under Convoy of 2 men of war, who the next 

morning fell in w^ a large squadron of fFrench men of war k Privateers, 

who took k burnt 7 of them viz^ Watts, Bolum, Deunett k Greenhill — 

these 4 loaded up y* Bay — the 2 first run their ships ashore k burnt 

them — Harvey k Jos : Bradby from Your River k Capt. Ingram from 

York River, carried into f&ance. Besides these was Reeds ship & cargo 

lost. What effect these great Lofes may have on Trade cannot see, 

but as yet our Markett is advanced little or nothing k some people are of 

Opinion that it wiU not advance at all because those ships that were 

taken will hinder the fFrench coming to our markett to buy. 

 • *  • t¥ m ^li • 

Your friend— ROBERT WISE, 



CALENDAR OF STATE PAPERS. Z39 



M' W"' Wilson announces to the Prefident, the arrival of the sloop 1710 
«« Diamond " midshipman Jones Commdg tender to the ^^ ^'^^^H'^^ " |^„^ 4 
man of war, Capt : Smith, who is expected daily on her intended cruise ^ ' 
towards the Bahama Islands, as ordered &c. 



To M' Swan— April 

Sir, 

Being informed by Capt« Cook, late Commander of her Matys. ship Unsr to Mr. 
the Garland, that not with standing the fair promises you made, when Swio^lnitronf 
by his consent you took upon you y* charge of saving y* Rigging k ^^*]^ ^ 
stores of her Matys. s** ship, unfortunately lost in ye Province of Caro- mtondoii of 
Una : yet upon his being last with you, ne found you had so far forgot ^ propefty of 
yo' agreements to him and yo' duty to her Majesty, as one of her officers, Sad wiwked 
that you had not only sold & converted to yo' own use all Stores of a in CaroUna 
consid^^ value that were saved, but likewise pretended to detain all the 
rest w^ were then in yo' pofTcffion of a far greater Value on acco* of 
falvage : and it being y* Duty of every good Subject to see that her 
Majty have right done, I have thought iitt by advice of her Maj^ 
Council to send this to you, to demand In her Ma^^ name that all ye 
Rigging, Tackle k apparell of the s^ ship Garland k all y* stores of War 
belonging to her, that have any way come to yr hands or ye hands of any 
other person, by yo' Command or permiffion, be forthw*^ delivered to y* 
Gent : appointed by Capt : Smith. Commander of her Maj^ ship En- 
terprise, to receive y* (ame, the s* Stores being absolutely neceflary for 
y* refitting her Maj^ sd : sfiip (now in this Country) to enable her to 
go ag^ ye Enemys' Privateers, that are now on this Coast k have al- 
ready done so much damage to y* Trade as well as of Carolina as of 
this Colony, and because you shal have no reason to detain y* sd. Stores 
k rigging on pretence of Salvage, I do undertake that upon y' making 
.appear to me y' trouble, you shall be p^ what is reasonable & customary 
'n Such Cases : But if on y^ Contrary, you shall still detain them, k 
^9^ prejudice shall thereupon happen to her Maj^ Service, you may af- 
J^/^^ yo'self that due care will be taken to bring you to Condign punish- 
^^T\x,^ k you will do well to consider how you can excuse yo'self of the 
5 of felony with w*** y* Law charges such practices, as I am cer- 
informed you have been guilty of — So that if the duty of a Subject 
^ y^ more imediate obligation of enjoying an office under her Maj*^ will 
"^^^ I^revail w**' you to Do her Maj*3^ that right which is due to the mean- 
*^^ person on luch unfortunate occafions, surely y* Consideration of y' 
^'^^'^ Safety will be of some force to engage you. 

(No Signature.) 

T* 

^^ ^he Hon^^^ Edmund Jenings Esq' President of her Majesties' Coun- April lyth 

^il &c. 

'^^ petition of Abraham Le Mefltirier, Comander of the ship Starr, 
fFrigatt, humbly — 

f^ Sljcweth — That about three months since one Robert Snead of the Ship Mixed 

nty of Accomac, by Colour of a Comifion from the Hon**^* Robert 

^,^^rry Esq' did seize the sd : ship, upon pretense of tradeing illegally — 

T^hat Your Pet' at very great charge k trouble did obteine an order 

the s^ Robert Quarry to have the sd : ship discharged from the sd : 




140 CALENDAR OF STATE PAPERS. 



ij^io Seisure, which was accordingly done upon Your Pet' paying to the $d t 
p tiM hr ^^^^ ^^ s^itAc of twenty five pounds <terling--«-That during the time of 
redress against ^^ seizure the sd : Snead did put on board the sd : ship Robert Snead 
depredations Jnr : Thomas Smith Snr : & Thomas Smith Jnr : of the sd : County 
as Waiters, who while they were so on board the sd : ship did clandes- 
tinely take & carry awav diverse goods, & merchandize bebnging to yo' 
Pet' k the owners of the sd. ship such as Loggwood, biscake nower-s^ 
b^f— cod fish, powder, bulletts k many other goods to the value of 
one hundred pounds 4; upwards— *♦•••• 
Wherefore Your Pet' humbly prays Your Honour will be pleased ta 
refFer the Examination of the matter relateing to the takeing of the sd : 
Goods to such persons as You shall think proper & that he may have 
such reliefe in the premifes as Your Honour shall judge meet k agreea- 
ble to justice. 

And Your Pet' shall Ever pray &c 

ABR^ LE MESURIER. 



April ftist To the Honor'*'^ Edmund Jenings Esq' p'fi'd* of her Maj^» Council of 

Virginia — 

wbaie fishing Ths petition of William Waters humbly ibeweth that be w^ some 
in Chesapeake others having agreed to goe upon the Enterprifc or Undertaking of Wh^c 
^ flQiing k in order thereto, hath built k fitted out fundry boats k provided 

other necefsaries for carrying on ye same, which has aqiounned to a Con- 
fidenble charge. And your Petitioner Conceiving it his Duty to apply 
himfelfe to your Hon^ for leave to profecute y^ fd defigne, Humbly 
prays yo' Hon" Lycence may be granted him to goe a whale fifliing in 
y^ Bay of Chefapeake & along y^ Coaft of Virginia, And to take k Elill 
what whales, be or thofe imploy'd under him can, w%ut y* lett or mo- 
leftation of any p fon, and y* fame to draw on iboare for ye benefitt & 
* * * * of y* Undertakers — 

And be as in duty bound sbail pray &c 

W» WALKER. 

April a6th * 

"Enterprise" ^^''» ^ *"™ sorry to acquaint you that I yesterday faw a Brittish ship 
Kickitan taken by a Sloop of the Enemys' k was so unfortunate as not to have it 
in my power to prevent it, tho' what fmall endeavours my present bad 
circumftances would allow me to ufe to defroy the Defigne of the Priva- 
Capture of a teer was not wanting : I was lying at anchor in Lynhaven Bav, when 
merchafltman I saw this fellow (about five in the afternoon) comeing about the Cape 
wjthin the ^ ftretching away to the N^^vard, at the fame time discovered the ship 
PrivateeVand aforesaid ftanding out of the Sea, who as soon as the sloop had discern'd 
in view of the made directly for him. Upon that I as I might reafonably conclude 

EntCT rise" ^^^ ^* ^'^^ weighed & in a very little time got my ship und' fail — ^I hgd 
n erpnse ^j^^ advantage of the tide of Ebb, but the wind blew right in, so that I 
was forced to make a great many trips to little purpose — Whilft this was 
doingy the Privateer comes up with the Merchantman (which was not to 
be wondered at, he standing in a manner towards him), & upon the fire- 
ing of a Single gun. Struck his Colours, notwithstanding he saw me 

* Bears a neat private seal in wax. 



CALENDAR OF STATE PAPERS. J^J 



crowding all that pofible I could to get out (o his releif ; which I should 1710 
infalably have accomplished, had he but acted with common prudence 
4c * *  # * I continued in pttribte of them 

(tho' I found I loft ground) till Ten at night. They then being out of 
s^ht &c ***** 1 hope in a short time to Ex- 
ecute the Ord'* I lye und' for proceeding to the Bahamas, in conjune- 
tion w^ the New York ships or alone if they fail, and after that fervice 
is performed, (hall return to Virginia and receive your Comands for 
Cruizing between the Capes as directed, I am 

Sir, 

Your Moft hum"** fervant 
NICH : SMITH— 
For her Maj^* Service — 

To the Hon*^ Colonel E Jenings Esq' 

Preiidf m .^nd Commander in Cheif of Vir- 
ginia at Williamsburg^*- 



* In obedience to a precept from the Hon^* Alexan^ Spotswood Esq' Auiuit i4tJi 
Cover*' of thi$ her &!*]**•• Colony of Virginia, Ordering a Survey to be int^tioii 4)f « 
made, on the ship ^be Jamaica Mercb^ now ridein^ at michor* in the vcmcI 
upp^r Piffrict of James River, whereof John Blalie is at present Com- 
mander* — Wee, the Subscribers having been sworn by Qapt : John 
Gedd^s, one of her Maj^^ Justices of the peace for James City County, 
have proceeded to view & Survey the said ship and are of opinion, k 
doe finde hor so Sound, so far as we can view, that there is a poiEbility 
(tho' at a very great expence) of repairing her, so as to proceed on her 
intended voyage for London — WitnefT our hands ft seals this 14^ day of 
Auguft, in the ninth year of her Maj**** Reign— 

ROB^ BARROW NATH^ HARRISON 

ANDREW ROBB W*' HARVEY 

E. GEALEN JOSEPH BRADBY 

CHARLES BROADWATER 

RI : BURBYDGE 



Petition of Caveat against one W'^ Hall of Gloucester County against Oct. 4th 
granting a patent for three thousand acres of land, lapsed from Major 
George Minis, now lying in King & Queen & Essex Counties. 

JN. WEST 
W**. CARR 



In obedience to an order, of Councill, dated the 5^ day of July Oct. loth 
1710.1— Present, 

The Hon^^* the Lieut : Governor, In Council, I have fent a table of Northampton 
fees by Me Charged 5 given under my hand this 9*** day of October ^^""^ 

1710— 

JNO : POWELL Sheriff North«» 

* Bears eight imprciiions in wax of a naval ical of office. 



14B CALENDAR OF STATE PAPERS. 



1 7 10 A Tabic of fees 

Tabic of fcei for a arcst & Bond 15 

sSu?^* for goiPg into prifon 10 

Tobacco for whipping 20 

for pillory 20 

for ferving a fupeona 10 

for iarveing an Execution, if under loo^^ Tob° 10 

if above a 100 to five hundred 20 

if above 500 to a 1000 40 

if unto two thouiand 60 

if above two thoufand, 10 pounds pr: 1000 and for fummoning Every 

apraiser xo 



Oct. 19th Rob^ Beverly on behalf of Harry Beverly petitions for Caveat against 

granting apatent for Lands in Essex &c to the orphans of Tho* Ttiorp, 
deceased &c 



Oct. ft6tli By vertue of A. Commiffion from the hon*^* The Lieut : Governor, 

Oath adminii- ^^ ^'^^^ administered the Oaths appointed by Act of parliament to be 
eered * taken instead of the Oaths of Alliance & Supremacy, the Abjuration 

Oath, the Test and Oaths of a Bur|efr, to Nicholas Curie Gent, re- 
turned a Burgefs for this Aflembly — ^Given under our hands this 26^ 
day of October. 

PHIL LUDWELL— 

JOHN LEWIS— 



Oct. 17th To the Hon^^« M' Speaker k Houfe of Burgeffes— 

Thomas Parker, 

Contested elec- In all humble manner complains of the Return of Sheriff of Charles 
^n in Charlei City County, upon y* Writt for y* Election of Burgeffes for the said 
for Burrm County, In that the ret' conceives that by a due ex amination of y* said 
Poll, it will appear he had the second Vote at ye sd : Election & ought 
to be returned Burgeff for ye said County, inftead of Coll : Littlebury 
Epps whom the sd : Sheriflr has returned one of the Burgeffes on y^ sd : 
Writ— 

The pet' therefore humbly prays that y^ same may be examined by 
this hon^^^ houfe & that Right be done to him thereon — 

And shall pray &c — 

Then follows a list of voters, thirteen in number, who the petitioner 
says '^ were all severally polled for Capt : Joseph Harwood and Capt 
Saml : Harwood, before they gave their Poll for y^ sd : Littlebury Epps 
as by y* Copies of ye poll hereunto annexed will appear \ so that ye sd : 
13 being taken from 52, y® number of ye Poll taken for y* sd : Little- 
bury there remains but 39 — Whereas ye number of ye Poll taken for 
y* pet' is 44 — 

THO: PARKER 



CALENDAR OF STATE PAPERS. X48 



Cttl- 



Pursuant to an Order of the House of Burgefles, of this day, you 1710 
are hereby required forth with to take into your Custody M' Joseph gj^^^ ^ ^ 
Foster, Sheriff of New Kent County, and cause him to appear before taken into < 
the house to amend his Return on the Writt for Election of Burgeiles tody by the 
for the said County. Given under my hand this 27^ day of October ^S^^^ ^C 

J y I O ' ' Borffcttei 

PETER BEVERLEY, Speaker. 

To M' Thomas Cowles Jn' 
MeiSnger to the House of 
BurgeiS 



Francis Ballard contests the Return given to W» Armstead as Bur- Ei»««b«th Oxf 
gefs from that County, by the Sheriff Anthony Armstead : upon certain ^^^^ 

f rounds enumerated \ and prays for a hearing by Counsel before the 
louse &c 



An Act to prevent the destroying & murthering of Bastard Children — N^^* ^^^ 

Whereas several Lewd women that have been delivered of Bastard Bill to pre?ent 
Children, to avoid their shame and escape punishment, do secretly bury '"^*'**^ 
or conceal the death of their children, and after, if the child be found 
dead, the said Women do alledge, that the said Child was born dead } 
whereas it &lleth out sometimes (although hardly it is to be proved) that 
the sd : child or children were murthered by the said Women, their 
Lewd Mothers or by their afsent or procurement. For preventing 
therefore this great mischeif. Be it Enacted by the Lieutenant Governor, 
Council and Surgefses of this present General Afsembly, and it is hereby 
Enacted by the Authority of the same. That if any woman after one 
moneth next ensuing the end of this present Session of Afsembly, be 
delivered of any iffue of her body, male or female, which being born 
alive, should by Law, be a bastard, and that she endevour privately, 
either bv drowning, or secret burying thereof, or any other way, either 
by herself, or the procuring of others, to conceal the death thereof, as 
that it may not come to lignt, whether it were born alive or not, but be 
concealed ; in every such case, the mother so offending, shal suffer 
Death, as in case or murther \ Except such mother can make proof by 
one witnefs, at the least, that the child (whose death was by her so in- 
tended to be concealed) was born dead. 

pafs'd in Council Novem'* ye 8"* 17 10 

November 2^ Read the first time 
November 6^ Read the Second time 



To the Hon^^* Alexander Spotswood Esq' Her Majestys' Lieut : Gove- No?. 9tb 
nor of this Her most Ancient Colony & Dominion of Virginia : 

The Humble Addreff of the House of Burgeffes. 

May it please your Honour, 

Wee Her Majestys' Loyall and DutifuU Subjects, the Burgeffes, hav- Addren of the 
ing entered into the Consideration of your Honours Speech & finding by ^^"•* ^ 
the two Paragraphs thereof, which relates to the Habeas Corpus Act, "*'***■ 
and the Courts of Oyer & Terminer, Wee may have Occasion in Or- 



^44 



CALENDAR OF STATE PAPERS. 



^7^0 der to a farther Pct)gress upon the Paragraphs, for a View of cho Royall 
Instructions therein mentioned— 

Therefore we humbly pray your Honour to Communicate the same 
to us, for the better Enabling us to proceed Accordit^ to our Duty in 
chat PiShk : And because by another Paragraph of your Sptedi^ your 
Honour is pleased to give us to understand, that there are some Acts 
that need Amendments^ Upon which it is Our Opinion, that probably 
some of those Amendments may have respect to in be aptly conaidortd 
with other matters now before us. 

Therefore Wee humbly take leave to Represent the same to your 
Honour, and that it is our opinion also, that the speedy laying before us 
those Acts, that are to be amended, may be a means to shorten the busi- 
ncff of this Affembly— 

November the 9*^ 17 10 — 

By Order of the House of Burgefes 

PETER BEVERLEY, Speaker— 



No^. 15th 



At a Committee for propositions & Greivances— * 

Present 

W" Randolph, Chairman 



Chr: Robinson 
Nicholas Meriweather 
John Waller 
Ambrose Dudley 

Gents : 



John Bollinc 
W« Cary k 

James Wilson 



Dividing Line 
between the 
County of New 
Kent h County 
of Henrico 

How settled 



Duty on 
Liquors and 
Slaves 



On Consideration of the Second proposition from the County of New 
Kent for Settling the bounds between the said County & the County of 
Henrico — Resolved, 

That it is the Opinion of this Committee That the Surveyor of each 
of the said Countys, take the Courses of James River & of the main 
Branch of Paumunkie River, at the head of the Main Branch of Chico- 
hominy Swamp & Divide the Land between the said Rivers Equally. 
And that this be performed by order of the Respective Courts of the 
said Countys, before the last day of October next, at the Equall Charge 
of Each County — And the Line w^^ shall be Run in manner aforesaid 
shall be Adjudged & taken to be the Line Divideing the said Countys—- 

On consideration had by this Committee that the Act lately made for 
Laying an Imposition on Liquors & Slaves is Exposed—- 

Resolved, That it is the opinion of this Committee that a Bill be 
brought in, to Lay a Dut) on Liquors & Slaves — 

J, CLAYTON, Clerk Com« 



Not. 1 6th Att a Committee for Propositions & Greivances 

Present 

William Randolph Chairman, Nicholas Meriweather James Wilson, 
Ambrose Dudley, John Boiling Nathaniel BurV^ell^ Chr: Robinfon, 
John Waller WUlougby Allerton ft William Carey -«-Gents 



CALENDAR OF STATE PAPERS. J^ 



On consideration this day had, of diverse of the Propositions of the 1716 
Inhabitants of the County of Henrico— 

As to the sixth Proposition fbr Erecting a Work House Erecting a 
Resolved, That it is the opinion of this Committee, that The same is j^^jJ^^ciW^ 
Impracticable at this time k therefore Rejected-^ 

As to the Seventh Proposition That the Law declareing ^^ »n "gt^i 
negrods and slaves to be Rcall Estate may be Repealed — Wn *Su aute 
Resolved That it is the opinion of this Committee that the same be 
rejected — 

As to the eighth Proposition, That Money Debts should **on«y ?«[»» 
be paid in Tobacco at the rate of ten shillings per hundred. Tobacco"* *" 
Resolved That it is the opinion of this Comittee that the same be Re- rejected ' 
iected— 

J. CLAYTON Clerk Com :— 



Another Committee, " for Propositions & Greivances (same gentle- No?. 17th 
men in part) report upon various unimportant subjects, cheefly relating 
to the Inspection of the Journal of the H. of Burgesses for the last 
Seffion &c — and in favour of a Proposition to remove the County Co 
House of Nansemond County to a more central and convenient locality 
Ac — 



To the Hon^^« her Maj"«« Lieut : Govern', the Hon^^« Councill & Houfe Not, mt 
of Burgesses — 

The Vestry of the Parish of Bruton, Humbly represents, 

That the present Parish Church now in the City of Williamsburgh, v^^y of ftm- 
bccoming ruinoifs, the Vestry have resolved to build a new one of the wliHtmlbu^ 
like dimentions, w*^ is sufficient for the conveniency of the Parrshion** detire to erect 
k have raised money & intend to begin thereon accordingly. « new church 

That *tis very Apparent the Parishion" are very much straightened k 
often oated of their places & seats, by dispencii^ with & allowing room 
for the frequent resort of strangers, & more perticularly at the meetings 
of the Generall Aflemblies : Courts : Councells : & other publick Oc- 
cafions : 

That the Vestry are Extremely to make k allow all the conveniencys Reasons 
the Smallnefs of the Church will admitt of : but without considerable '*^*^*^®' 
inlargements k additions (w^^ their ability s will not admit of, neither doe 
they conceive they can anfwer doeing the same) there is not room, nor 
can they Appropriate decent k fitting places or Pews in the intended 
Church for the reception of the Gen"^ Aflembly, and such as have Oc- 
cafion to attend the Public services of the Country. Therefore, the 
Vestry, before they proceed to build the intended Church take this Op- 
portunity Humbly to represent the same to this Hon^^ Affembly (if they 
please) for their Generous Contribution towards the same : k that they 
will consider of such a building as in their wisdoms shall b^ thought 
proper for y® said Occaflons, k to give directions that a Draught thereof 
be laid before yo' Hono" dureing this Aflembly : The Vestry on their 



146 CALENDAR OF STATE PAPERS. 



1 7^0 parts being willing to advance towards ye same, what may be thought 
neceflary for the building a Suitable Church for their Parish. 

Jon : Tyler Ffred : Jones E. Jenings. 
Rich'^ Kendall Hugh Norvsll David Bray. 
Ric^ Bland W^ Simson A Cobbs. 

Referred to the Consideration of the H. of Burgefles — 

WIL : ROBERTSON Clk. Gcnl : Affembly 



Not. s4th Petition of Henry Carey to the General Aflembly for his full pay of 

Henry Ctrt at ^"^ hundred pounds pr. annum, as " Overseer of the building of the 
ovcneer of the Govern" Houfe uptill the same was finished " &c Stating that the money 
bniiding of tke appropriated to build the same, had long been exhausted, but that feeling 
H^uie''^" himself under obligation to take care and protect the building in its un- 
petitioning finished condition, he had been to considerable expense, and to save 
himself from ruin, had broken up house keeping at his own Plantation 
and removed his family to the said building ^' all which was very preju- 
dicial " to him &c. He had not been allowed to resign his position as 
he had desired : had, in order to prevent damages to the work already done, 
primed and painted the wood work, and burned ^^a large Kill of 
Bricks," and done other services — He therefore prays a Consideration of 
the premifes and that ^^ he may be allowed and ordered " his full sallary 
for his fervices aforesaid '* — — — 4c — 



Dec. lath Virginia, 

wmitmibnrgli * By the Hon^^ The Lieutenant Governor — 

Wamat for Whereas it is represented to me, that the Levy in the County of 
c^*** ^* . James City is not yet laid, to the great prejudice of the Countv Crcdi- 
jamaO^ tors, and that if the same is delayed 'till the Court appointed by a late 
Law, to be held in course for the sd : County, it will be very difficult 
for the Sheriff to finish his collection in due time. These are therefore 
in Her Majestys' name to Will and Require you to Summon, David 
Bray, James Bray, George Marable, John Frayser, Jno : Geddes, Henry 
Soane, William Broadnax, Alex' Walker, W™ Brown, jun' — Frederick 
Jones, Mongo Ingles, Archibald Blair, James Duke, and David Morce (J) 
Gents : Justices of the peace for the s** County of James City, and 
every of them, to meet at the Courthoufe of the s** County on thursday 
the Twenty first Day of this present moneth of December, then and 
there to take the Oaths and qualify themselves according to a Commif- 
fion & Dedimus lately ifsued for that purpose : And having so qualified 
themselves to proceed in laying the County Levy, that all persons having 
any just claim therein may be satisfyed — And you are likewife to give 
notice publickly throughout y* County, that all such as have any claim 
against the County may appear at the place & time aforesaid k make 
out the same. Herein you are not to fail, Also make due Return of 
this Precept to the Secretarys Office — Given under my hand, and the 



* Bears a beaatiful imprenion of the Colonial Seal, with the incription <*£n datVirfinia 
Quintam" in the Exergon, and *< Semper Eudem ** in the scroll. 



CALENDAR OF STATE PAPERS. 



W 



Seal of the Colony at Williamsburgh, this twelfth day of Decern' 1710, 
in y* ninth year of her Maj*^ Reign — 

A. SPOTSWOOD 
To Edward Jacqueline Gent, 

Sheriff of the County of 

James City 



1710 



Acco* of the Ordinary Charges of the taking up & trying the 8 pirates No dice 
bro* in by Cap* Luke Knott — 

To Henry Irvin, his acco* as follows — 



4 
4 
4 



To Job Newman an Evidence, for his attend^ 

To Aaron Levy, same 

To Hannah Miller ye same 

To the accommodation of the two portugueze at W™ 
Craigs' 

To D^ for Summoning the Judges of the Court and other 
Charges 

To the Marfliall for the Court 

To the Register 

To Tho^ Wythe, as an Evidence 

To Jno : Broach for chains & Revitts 

To attendance of Capt : Knotts' men viz — W" Wil- 
liams Cheif Hate, four days attend* k travelling 40 i 
miles 

To the Boatswain & three others at ye same rate 6 



5 

5 

20 

I 
9 



10 

00 
10 



12 

o 
o 

15 



16 
8 



00 Account for 
00 apprehending 

and trying 
°^ Pirate! 



II 

O 

O 

00 





o 



Petition of Henry Lawrence for grant of Patent for a parcel of land Naniemond Co 
in said County Escheated from Humphrey Edey & wife \ he having 
paid '^ Composition & other Charges for the laid Land, as the Law En- 
joyned *' — 



To the Hon^^ Alexander Spotswood, Her Ma^ Lieutenant Governor 
Ac &c of Vii^ginia — 

John Simmons of Surry County— 

Humbly Sheweth, 

That at the desire of the Nottoway Indians, and for the conveniency 
of the Inhabitants on the South side Nottoway River, Your pet' is will- 
ing to build a Mill on the Buckhorne Swamp, within the Tract of Land 
of six miles Square laid out for the said Indians. That the said Indians 
having already before Your Hon^" Signified their consent that the pet' 
should have as much land in that place as may be convenient for his 
purpose. 

Yo' pet' humbly prays Yo' Hon" will be pleased to allow yo' Pet' to 
take up one acre of ground on each side of the said Swamp for the con- 
veniency of building the said Mill, and that ye Surveyor of the County 
may be directed to mark out the same, that there may not hereafter be 
any dispute with y® s^ Indians — And likewise that this yo' Hon" appro- 
bation may be Signified on the Council Books, or on some other Re- 



No date 

Surry County 



Petition to 
erect a mill 

The Nottoway 
Indians have 
lix milet square 
to live in 



14$ 



CALENDAR OF STATE PAPERS. 



1710 cord, so that the pet*^ may be protected in the peaceable enjoyment of the 
said Land & Mill for the benefite of himself and his posterity, in con* 
sideration of the Charges he must now be at for erecting y® same — 

And he shal pray &c — 



Essex County Joseph Smith prays Gov : Spots to appoint him Sherif of that County, 
No date ^^ being the only one of three recommended, who has never held the 

said office — 



Princess Ann 
County 

No date 



171I 
Jan. aSth 
Plymouth 



Characteristic 
letter from a 
Quaker 



James Wishard prays for Patent for a "certain parcele of land" in the 
said County, which is found " upon due Inquisition made thereon," to 
have Escheated to the Crown ; he being ready to pay " Composition (?) 

and other charges, and having already obtained a Warrant therefor 

&c — 



To Friend Daniel Benthall, 

I writt thee the 28^^ of 8^'® (October) last & then sent thee acc^ of 
sales of thy hogshead of Tobacco consigned mee pr : Humphrey Gil- 
bert i but not Knowing whether that came to hand, I now herewith send 
thee copy thereof, together with Invoice & Bill of Lading for a Pack of 
goods shipped on board the Dove Pinke ; W°* Morshead M' consigned 
to thy self k John Bebbe marked D. B. No i, wherein thee will see thy 
Invoice there is so much goods on my ace** as amounts to £4.. 13* 7* w** 
thee will find by thy ace** Cur** is 7* leff than the next produce of thy 
hogshead of Tobacco, w**^ I have ordered the M' to allow thee out of 
the freight, as alsoe one shilling & foure pence, that's due to John Bebbe 
from me, there being in the faid Pack, a fmall Pack of goods for thy 
neighbour Jno : Bebbe marked I. B. i : w**^ please to deliver him & Lett 
him pay a proportion of the freight. I thought itt better to pack Your 
two parcells of goods together, being fmall matters & you being soe near 
neighbours, then to lett itt goe apart — Soe wishing itt iafe to thyne & his 
bands, Remainc thy Reale Friend 

HEN: CEANE 

Merchandise Received pr : the ^^ Josiah & Betty " &c being one Hdd: 
of Tobacco on acc^ of Daniel Benthall of Virginia to sundry charges 

D' 



Specimen ac- 
count, showing — , X A /-^ 1 

co«tf, &c., To Impost & Cockett 
fr«g^t«, &c,, To Cooperage & Porterage 

To Freight 

To my Commifion for sales 2^ p : cent : 



at this date 



£, 

o 
o 

3 

o 



s. 

2 
I 

O 

3 



d. 

6 

I 
a 
6 



£ 



To Ballance due on this accti w^^ I carry to the Credit 1 1 
of s* Daniel Benthall in Ace® Creditt J 



7 
14 



8 



CALENDAR OF STATE PAPERS. 1^9 



Petition of Charles Bailey of Accomack County for Patent for 345 17x1 
acres of land. Escheated to the Crown &c having paid the usual fees April 17th 
^^ and made Compofition for the same." Accomac Co 



Petition of John Boughan & Susanna his Wife, Thomas Lee and April aoth 
Augustine Lee of the County of EfTex &c for certain lands Escheated 
4c &c — 



To the hon^^® Alexander Spotswood Esq' her Majesty s' Lu^ Governer 
& Command' in Cheif &c — 

John Sundiford 
Humbly Sheweth, 

That there was granted unto Rich** Jones and George Turner one Petition for 
thousand Acres of Land lying in Rappahannock County now Effex, by Jn^j^y pecoHar 
patent dated y*^ 8*^ of October 1672. That ye sd : Jones & Turner by circomitances 
deeds duly executed did convey their Right of 500 acres of the s** Land 
to Rtch^ Kifwell and Thomas Martin, k the other 500 acres unto John 
Shaw & George Anderson — That yo" pet' marryed the only daughter 
of the above named Rich*^ Kifwell And thereby hath right to the first 
mentioned 500 acres, and by a verbal conveyance the s"^ John Shaw & 
George Anderson did give the other 500 acres unto the pet', that then 
he might be poflefled of the whole patent. — That yo' pet% being doubt- 
ful of his title by the afore*"* Deed parole, is willing to be at y* charge of 
an Inquisition of Escheat upon ye sd : Land, And since neither the sd : 
Jno: Shaw nor George Anderson left any heirs, nor made any other dis- 
disposition of the sd : Land, and that thereby the s^ land doth Escheat 
to her Majesty — 

Yo^ pet' humbly prays a Warr* may 
iflue to Enquire of the sd : Escheat 
and that yo' Hono" will be pleafed 
to grant yo' Pet' a Grant thereof &c 



Letter to M' Thomas Hayden, from Micajah Perry enclosing account May 3d 
of Sales of Tobacco : and ace* current &c London. 

S' 

I have rece** her Maj^^* Special Commands to Provide a Large June i6tJt 
quantity of Provifion with all Expedition, but finding it impracticable to jj^^ y^ . 
°o Jt here or in y* neighboring Governments I am Un^' a Neceffity of 
oending this Exprefs to you, to desire you to give yo' Immediate direc- scarcity of 
^^on^ for the Buying all ye Pork w^in your Government, for all you can provisions 
^^^ Vrill I beleive be to little, and to order it to be lodged in some con- ^^«" «o pn/- 
veni ^nt places from whence it may be shipt on Board Such veffells as I virginU^tnd "^ 
?"^^ I send to take it in — Her Maj^^' has Likewise impowered me to take embargo all 
^^ceive from the Receiver General of any of her Revenues in New vesieiifora 

°*^ i, the Jerfeys, Maryland or Virginia, such sume & sumes of money "°"^'' 
^ ^ ^all be in their hand, for her ufe, and of which I shall have Occa- 

ars handsome private sea] in wax. 



ISO CALENDAR OF STATE PAPERS. 



171 1 fion for this Service out of that money therefore in the Receiver Gen^ 
hands of yo' Province, I do now Direct y* paym' for ye pork that shall 
be so purchased for her Majestys' Service, and if it fall short, the re- 
mainder shall be paid in bills of Exchange on ye Treasury which will be 
very punctually comply ed with. 

I am likewise Commanded, to signify to you, that it is her Majestys' 
Pleasure^ that you Lay an Embargo for a month on all Vefsells to Eu- 
rope, and if there be occafion for the better Securing the Pork, I deAre 
you'l make the Embargo Gen^\ the want of Provifion being of the last 
Consiquence — I am with much Respect 

S' Your most obedt — 

Humble Servant 

RO: HUNTER- 
S' 

I beg you'll cause deliver the 
Inclo*^ to the Receiver Gen^^ of 
yo' Province 

To his Exly : Alexander Spotswood Esq' her Maj^ Lieut. & Gov' 
General of her Dominion of Virginia — 



August 15th Thomas Thorntons' Petition for Warrant for certain lands in Essex 
Escheitediindi County Escheated to the Crown at the death of one Tho* Milton, he 
having left no heir, nor made any disposition of the same &c — 



Richard Little Page of New Kent County 

Humbly Sheweth, 

New Kent Co That by an Act of Aflembly, made at a Grand Afsembly held at 

James Citty by Prorogation the 23^ day of March 1661, Entituled — 

Acts Concerning Indians — Amongst other things it is Enaded that no 

Petid«a to person of what Quality foever should Entertain any of the Neighboring 

employ indUm Indians as Servants, or otherwife without a Lycence first obuined from 

act of (be Governour himfelf, and yo' Petitioner being willing to hire Into his 

Anembiy Service one Indian Woman belonging to the Pamunky Town, named 

Mary, humbly >prays yo' hon" Lycence for the fame ; and that vo' Hon'* 

would alfo grant him a Lycence for an Indian man from the faid To^n, 

to Hunt for him, he being willing to give his obligation to be anfwerable 

for all the Injuries and Damages, that the said Indians shall do to the 

Englifh, according "to the Directions of the aforementioned Act of Af- 

fembly — 

And hee shal pray &c — 
To which is the following reply. 

Licenie to em- Whereas, Richard Littlepage of the County of New Kent Gent : 
^^^v nts *and " ^^^^ made Application to me for a Licence to hyre and imploy one man 
httntimen of the Pamunky Indians to hunt for him, and also one Woman of the 
granted, under said nation named Mary, in the nature of a hyred Servant, and hath 
certain con- given bond to answer all Damage, the said Indian man shall do in his 
^^^^ hunting to any of her Majestys' Subjects : 

These are therefore to Licenfe and permitt the said Richard Littlepage 
Pferosative of ^^ ^X*"^ ^'^^ impIoy the said Indian man and Woman : Provided, that 
this Soverdgn Whenever the Queen of Pamunky shall recall them or either of them. 



CALENDAR OF STATE PAPERS. 151 



the said Richard Littlepage shall imediately DismiiT them from his Ser- 171 1 
vice, and not harbour or entertain them thereafter, without a new Li- 
cence, and the consent of the said Queen first obtained. 
Given under my hand this 25^ day of October 1711. 

A. SPOTSWOOD— 

y* 26 of y* 8 Month 171 1 — 



(/oving flFriend, Oct. s6tli 

* I have sent pr : Rob^ iFendall fome bills of Ex' viz, one bill for JC20 
and another &c******* 
I suppofe thee hast heard of y^ Mafecre we had here w^ ye Indians, 
they have Kill'd about 100 people and have taken prifoners ab^ 20 or 30, 
we are forc'd to Keep garisons and watch and Gard, day and Night, w^ 
I suppofe,*you have it all at large before now — I defire thee to send me 
a line pr: y® first op'unity and in Soe Doing, thee will obledg him 
what is 

Thy reall fFriend 

FFARNIFULL GREEN. 



f Petition of Harry Beverley for Patent for certain lands, founded upon ^^^* ^ 
his title in Right of nis wife ; and lying near Potobago in Essex C^, but Mlddlcm Co 
alfo claimed by one John Hawkins ac — 



To the Hon^^^ Alexander Spotswood, Her Majesties Lieutenant Govcr- ^^* *4tk 
nor of Virginia — 

Wee her Majes^ most Loyal and most Dutifull Subjects, the Burgess' M«mm« <^ 
now Afsembled, having seriously considered the Emment Daitters ap- ^J^^^ {^ 
proaching this Country from severall nations of Barbarous Indians, ngai4 to 
some of which have lately Exerted their Cruelty on our fellow Subjects BoitUe indiaaA 
in our Neighborhood of North Carolina, think Wee should be wanting 
in oui Duty to our most gracious Queen, Ourselves, and the people we 
Represent, if wee did not heartily Joyne with Yo' Hono" by our utmost 
Endeavours as well in Secureing our Countiy against any Attempts from 
those Enemies as in doing Juftice on those Savage Murtherers. 

And your Hon" having thought fitt in your Speech to this House at 
the opening this SeiEon to acquaint us with a League protected with 
Severall Governments of the Tuscoronda Indians against the Nations, 
who Committed the Mafsacre, Wee humbly pray your Honour will be 
pleased to Communicate to this Houfe what Advances are made in that 
.Undertaking, that wee may be the better Enabled to take proper measures 
for acting efFectually in Concurrence with your Hono' therein — 

By Order of the House of BurgefTes. 

PETER BEVERLEY Speak' 



* Appeals to have taken place In Nurth Carolinai as appears from a lucceetiing document. 
-f- A very long and complicated icatement, involving matters of fact, now of no importance. 



IJTjg CALENDAR OF STATE PAPERS. 



171 1 To the Hon : Alexander Spotswood &c &c — 

Not. 28th Wee her Majest* most Loyall and Dutifull Subjects the Burgefses now 

^ mett in Afsembly being deeply Sencible of the horrid Barbaritys, mur- 
gttief requcft" ^^ers and hostilitys lately committed upon her M^esties Subjects in North 
the GoTcrnor CaroUna, by Certain Indians of the Tuscarora Nation — And duly con- 
to declare war sidering the Dangers which dayly threaten the Inhabitants of this Colony 
Ti^Mrora^ from that Nation, humbly entreat yo' Hon' as well for the defence and 
Indians Security of this Country as for doing right to our injured and opprefsed 

neighbors, that you will be pleased to declare Warr against tbofe Tusca- 
rora Indians, their Adherents, k abettors — And to enter into sucn 
Treatys and Alliances with the Government of North Carolina or any 
other Governments, as for that purpofe to yo' Honour shall seem pro- 
per. And being Sencible that the Success of Such Undertakings under 
Divine favour and goodnefs will in great meafure depend on provifion to 
be made Suitable thereunto — 

Wee beg leave to afsure yo' Hon' that we will Exert our Selves to 
the utmost in giving Such timely Supplys as shall be sufficient to Enable 
your Hon' effectually to performe and make good your Treatys and 
alliances, as alfo to profecute and finish the said Warr to the Hono' of 
hf r Majesty and to the Safety and wellfare of her Subjects — And if yo' 
Honour shall think fit to Denounce Warr — Wee pray you will be 
pleased to lay before us an Estimate of the Charge of Carrying on that 
Service for six months, that thereby wee may concert proper methods 
for raiiing a Fund Sufficient to anfwer the intended design. 

By Order of the Houfe of Burgeffes — 

PETER BEVERLY, Speak' 



A Bill for Appointing Rangers at the heads of James, York, 

Rappahannock & Potomeck Rivers &c 

BUI for the ^1- Whereas a great number of barbarous disorderly & lawlefs persons of 
offiterTsf ^^^ Indian nations have succeffively for many years last past resided in & 
Rangers frequented the frontiers of this Colony, & after the most horrid & noto- 

rious crimes by them committed, takeing the advantage of the large 
Waste & uninhabited grounds k Woods Escape from the hand of Jus- 
tice ; ffor prevention whereof & for the Safeguard & securing the sd 
frontiers & the Inhabitants thereof from all injury, violence, spoil & 
rapine of the sd : Indians, Be it Enacted, by the Lieutenant Governor, 
Council & Burgefses of this present Generall Affembly & by the Au- 
thority of the same, that from & after the paffing of this Act the Lieut. 
Governor or the Comander in Cheife of this Colony & Dominion for 
the time being, is impowered and desired with the advice of the Council 
Lieutenant! or to Constitute & appoint such persons as he shall think fitt to be Lieu- 
Commanden ^e^ants or Comanders for the Rangers for the said frontiers, each of 
which Lieutenants so constituted & appointed shall chose out & list 
' eleven able bodyed men, with horses & accoutrements, Armes & Am- 
munition, resideing as near as conveniently may be to that frontier sta- 
tion, for which he shall be Lieut of the Rangers, to serve under him as 
their Commander & such Lieut. Sc Lieutenants & the men under his & 
their respective Comands shall observe performe & Keep such Orders 
and directions in their severall Rangeings & Marchings as such Lieuten- 



CALENDAR OF STATE PAPERS. 15S 



ants shaU from time to time receive from tbe Lieut: Govemor or tbe 1711 
Comander in Cheife of this Colony & Dominion for the time being — ^^^ indUm 

And be it further Enacted, that if anv of the Lieuts. of the Rangers captured or 
or any the men under his Comand shall in their Marching or Raoging teen to be dealt 
meete with or see any Indian or Indians whatsoever, such Lieut : & ^^^'^ 
such Men shall endeavour by all possible means to apprehend & seize such 
Indian & Indians k if upon examination of such Indian or Indians he 
or they see cause, shall secure such Indian k Indians k convey him or 
them before one of her Maj^^' Justices of the Peace, which Justice 
shall, if he see cause upon further examination, Committ such Indian or 
Indians to the publick Goal of his County, there to remaine 'till he or 
they shall be thence delivered by due course of law — 

And if any IxMiian or Indians, which shall be mett with, or seen by ^^tn to kiu 
such Lieut : or his men shall resist, flye or run away, so as such Indian i^f^^^ 
or Indians cannot be apprehended or taken, then & in such case it shall 
be lawfull for such Lieuten' or his men to shoote Kill or destroy such 
Indian and Indians so resisting and running away k not otherwise — 

And be it further Enacted, by the authority afords** that there shall be P*y fo' »erTicei 
levyed k paid to every Lieutenant or Comander of the Rangers for Lieutenant! 
himself his horse with accoutrements. Arms k Ammunition, for his 
service for one year five thousand pounds of tobacco with Cask & in 
proportion to that for a leffer time than a year, and to every man listed ^,*g^*°m^a *"" 
under such Lieut or Comander for himself, his horse, with accoutre- 
ments, arms k ammunition for his service for one year three thousand 
pounds of tobacco with cask & in proportion to that, for a lelser time 
than a year, out of the publick Levy, such man so listed producing a 
Certificat under the hand of his Lieuten^ or Comander, setting forth the 
time such man shall have been in the sd : Service and makeing Oath 
thereunto — And be it also Enacted, that if any Lieu^ or Comander of 
the Rangers or any Man listed under such Lieutenant or Comander, by Punkhttene of 
virtue of this Act, shall refuse or willfully neglect to observe, performe offic«" «' ««» 
or Eeep such Orders k Directions as shall from time to time be given oU^orfln 
by the Lieutenant Governor or the Comander in Cheife of this Domin- 
ion for the time being, to such Lieutenant or Comander, relateing to the 
Rangeine Service, every person k persons so refuseing or willfully neg- 
lecting shall forfeit k loose all such pay as shall be then due & oweing 
to him or them, & shall suffer one months' imprisonment without baile 
or mainprize, such refusall or willfull neglect being proved before the 
Court, of the County where such person k persons shall reside at the 
time of makeing the publick claims of the sd : County — And be it further 
Enacted, that this Act shall continue k be in force for one year from the 
end of this SeiEon of Aflembly & for no longer time — 



North Carolina ff: '71^ 

The Deposition of John Dew aged Thirty six years or thereabouts, !*'*• "^^^ 
on the Jioly Evangelists taken, foith, That on the 27"" day of this Ins* n. CaroUna 
January, a certain Meherrin Indian named John Querro, being at this _ . ^ ^^ .^ 
Deponents house on Meherrin River : This Deponent enquired of him, ^^^^^^ ^^ ^^^ 
What newes, and perticularly Whether Tom Blount, the Tuskeruro probable moTe- 
Indian was gone, or would go to meet the Gover' of Virginia. To 2*°"^,^ 
which the Indian replied, he was not, neither would he goe : saving an°d°other*^ 
withall, perhaps the people of Virginia were not good and would scold — Indiana 
20 



 

I 

 



154 



CALENDAR OF STATE PAPERS. 



17 1 2 withall adding, That Tom Blount would not send or carry his Boyes: 
which this Deponent understood were to have been carried as Hostages : 
And he further added : That perhaps Tom Blunt would scold too, when 
the Leaves were put out — Then this Depon^ turning his Discourse to 
one John Lewis who was present, whilst this Discourse lasted, Bid him 
take notice of it for he would Inform the Presid^ thereof — The Indian 
immediately changed his Countenance, and said he did not hear Tom 
Blount himself sa) so, but one of the young men. And this Depon^ 
further saith : That having had some Discourse with y^ said John Lewis, 
the day before, concerning a Report of the Sinnagars joyning the Tus- 
keruros. This Deponent inquired of the said John Querro concerning y* 
same : Who told this Depon^ that about the time of y® Leaves comeing, 
or between that time & hott weather. The Sinnagars were Expected, 
herhaps a thousand or more — 

JOHN DEW 
Cap* et Jura^ 
30** Die January 1712 
Coram me 

Thomas Pollock 



Received 
Feb. 16th 



Petition of 
people of 
N. Carolina 
for aid againtt 
the incnrtlons 
of the Toica- 
rora Inditni 



Vergeney fs; 

Toy* Right Honra^^* AUexander Spottswood, her Majesteys' Leftenant 

Gouvernour of y* fd : CoUony, and y® Reft of y** moft Hon*** Councill 

of State — 

The humble pe'tion of y* pore Diftreffed inhabittance of Nuse River 
in • * * Countey in North Carrolina moft humbley 

sheweth y' Ex ellency — 

That wharas there hath by y* permition of Allmighty God for our fins 
and Disobedance : bin a moft horred Mafsecre Committed by y* tuflcarora 
Indans upon her Majestys' pore Subjects in y* sd : province of North 
Carrolina, And we her Majestys' pore Subjects who by gods' provi- 
dence have survived, are in Continuall Dread and Do suffer Dayley De- 
ftruction in our stocks and horses and fenceing being burn'd — which if 
not speedally prevented, wee muft all Likewife rerrifli with our breathern, 
for wee have not forse, nor Indeed any speedy care taken to prevent it 
in our Country — But for as much as we are her Majesteys' Subjects^ 
and Readey at all times to be obfervant to her Majestys' Royal Com- 
mands : We do theirfore with one voyse, Knoweing yo' Excelancys* 
Care and parternal Tendernefs towards all her Majesteys' Subjects, moft 
Humbley beseech and Implore yo' Hon' as you tender the wellfer of her 
Majestys' pore Subjects, forthwith to send to our Releafe fum Confidera- 
ble forse of men, armes and ammunition to Detect y® Barbarous In- 
folency of thofe Rebelous Rogues, and as for provifion, we ar Ready to 
y* uttermoft of our abilety to affist y* armey If y' Exellency pleases to 
fend them — which wee fliall Daylcy pray for : So hoping y' Exellency 
will take into y' sage Confideration our DeftreiTed Condition, we y' pore 
petioncrs, as in Dcutey bound Ihall Ever Pray — 



BENJ : SIMSON 
JNO: GEORGE 

* • 9|E • 

WILL: • 

WILLIAM HANCOCK 



THOS: DAWSON— 
FRA: HILL 
ROGER HILL 
FARNIFOLD GREEN 
THO WELSON 



CALENDAR OF STATE PAPERS. US 



JOHN SLOCUM JAMES BLOUNT 

MARTAIN HOPKINS ADAM FFERGISON ^7^2 

WILL : PRICE ADAM FFERGISON Jnr: 

RICD : HILL ROB^ WATTSON 

ROBT BRUSE 

and many others — 



Know all men by these presents — that we Robert Hix of the County July 

of Surry, John Evans, David Crawley, Richard Jones, & Nathaniel copy of Bond 
Urven of the County of Prince George, in the Colony of Virginia required of 

Securitys are held and firmly bound unto 5^^* author- 

Our Sovereign Lady Ann, by the Grace of God, of Great Brittain, ^^^ ^jj/* * 
France & Ireland, Queen, Defender of the Faith &c, in the . sum of Weitern 
Three hundred pounds Sterling, to the which payment, well and truly to In«*««w 
be made to our said Lady the Queen, her heirs and fuccefsors, We and 
every of us bind ourselves One & every of our heirs Executors and Ad- 
ministrators, jointly and severally firmly by these presents. Sealed with our 
Seals, Dated the day of July 171a. 

The Condition of this Obligation is such, that Whereas, the above 
bound Robert Hix, John Evans, David Crawley, Richard Jones and 
Nathaniel Urven have obtained from the hon^^ Alexander Spotswood, 
her Maj^ Lieutenant Governor of Vimnia a pafsport or Licence for 
Trading with the Western Indians — If Therefore, the said Robert Hix, 
John Evans, k Co shall not by themselves or either of them or their, 
or either of their fervants, during the time of their being out on the pre- 
sent trading Voyage, directly or indirectly trade or Traffick with any of 
the Tuscarora Indians nor with any other Indians in League or Alliance 
with them, nor permitt or Suffer such Trading to be carryed on by any 
person going out in their Company, under the protection of their Pail- 
port. And alfo shall and will well and truly observe & performe all & 
every the Instructions which shall be given them by her Majestys' said 
Lieutenant Governor for their better Conduct in the s^ Trade, then this 
Obligation to be void. Or elfe remain of full force k Virtue — 

Signed sealed & Delivered in presence of — 



Virginia AT: July nth 

Alexander Spotswood, Her Majestys Lieutenant Governor, Vice 
Admiral and Commander in Cheif of the Colony and Diminion of 
Virginia — 

To Robert Hix, John Evans, David Crawley Richard Jones and Na- wiUiamiburgh 
thaniel Irby 

Whereas Her Most Sacred Majesty, by her Order in Council, bear- Copy of Form 
mg date at the Court at Windfor, the 26*^ day of September 1 709, hath °[ve?ro^trader» 
I been pleased to signify her Royal Will and pleasure, that the Trade with the 

1 from this Colony with the Western Indians, be carryed on without any Wcjtem 

[ Let, hindrance or Molestation whatsoever, and that no dutys be Leveyed ^"<***"« 

or demanded of any of her Majestys' Subjects of this Colony for any 
Goods or Merchandizes which shall be carryed by them to the said In- 
dians, or back from thence by way of Trade — And Whereas You have 
represented to me that You are now bound out on a Trading Voyage to 



Ige CALENDAR OF STATE PAPERS. 



1712 several nations of Indians to the South West of this Colony, and de- 
sired my Pafsport for your better protection in your going and returning 
with your goods and merchandizes, I do therefore, hereby give and grant 
unto you full License and Liberty to trade and traffick with any nation 
of Indians whatsover, except the Tuscaroras, and such others as shall be 
actually in league with them — And I do by these presents Signify to all 
her Majestys* Subjects of the sev^ Colonys & plantations through w** 
you may have occasion to paiT, that it is her Matys' will k pleasure that 
they suffer and permitt you freely and quietly to pafs and Repafs with 
your goods and Merchandizes, without any Lett, hindrance or Molesta- 
tion, on pretence of any Dutys Or Impositions to be demanded for ye 
same, or any other account whatsoever, Provided always, that you take 
a Certificate from the naval officer, that the Goods you carry out of this 
Colony, are such as have been Legally imported here. 

Given under my hand and the seal of this her Majestys' Colony and 
Dominion, at W^^'burgh, the Eleventh day of July 17 12. 



Dec, 13th To the President of North Carolina, 

Wmsburgh Sir, 

Gov. Pollock By the return of a Servant w°^ the Baron of Graftenzied (de Graaf- 
of N. Carolina fenreidt) scnt into y* Country, I received on the 1 1*^ insunt yours of 
•ffain " ^^^ 26^^^ of Nov. & 4*^ of this month, but I find myself still under the 
same uncertainty in relation to the purchase of the '^'Duffells, the disposi*- 
tion of the Thousand pounds raised by our Afsembly for yr. Releif^ 
The removing the Scruples of our Council, as to declaring War against 
the Indian Enemy untill a previous declaration on your part, and like- 
wise as to sending you the Indian prisoners that are here, on all w^ i 
expected your Answer — All you say as to the Duffiells is that you should 
have occasion thereof, if I thought convenient, but since this Country 
was willing to be at the charge to purchase them upon y' Request, It 
might have been reasonably expected yr Government should take the 
trouble cf sending for them — And if the money raised by our Afsembly 
be of use for your Releif, I cannot see why the Conference, I proposed 
for laying it out to the best advantage should not be taken notice of, un- 
lefs y' Government be unwilling to accept of it upon the terms of Re- 
payment ; but as to that point my last Letter might have satisfied you^ 
that neither I nor the Council intended to press you thereupon, nor do I 
expect any present Engagement to be entered into upon the Advance of 
that money — Since you find y'self under so great streights to furnish 
provisions to ye South Carolina Auxiliarys, The money raised here may 
be as eiFectually applyed in the purchase of Come & pork in this Country^ 
for those Forces, as in raising men. If you think the Force sent from 
South Carolina will be sufficient to do the work without them — 

As the taking of Hancock was in pursuance of an Engagement, en- 
tered into w*** this Govern' by Blounts' people, and Hostages left for his 
. delivery here, he was in effect a prisoner to this Govrn* : and certainly 
Blount looked on him as such, when he sent 2 of his men to give me 
notice of his coming in, & ordered them to wait here 'till his arrival, and 
one who stood more on punctilios, than I do would be a little startled at 

* A variety of blanket, or woolen cloth, out of which blankets were cut. 



CALENDAR OF STATE PAPERS. UIT 



the suddennefs of his Execution without my Knowledge, — especially, 1711 
seeing I ^m persuaded you could not suspect that I would shelter him 
against the punishment due to his crimes : having given you an instance 
to the Contrary, by delivering up James Cohery, who (how ignorant so- 
ever some of yr : people may be of itj was first seeized by our Tributa- 
rys, carryed before a Majistrate, and oy order, del'd to the Chowans, to 
be carryed into yr : province, & after having told you in my last that 
I intenaed to deliver up to you all the Indian prisoners that are here : 
among w^ there are now two Waccon Indians taken lately by the Me- 
herins in pursuance to my orders — And I shal accordingly send them 
under a guard of our Militia to South Key, the 27^ instant, when I 
hope you will appoint some to receive them on that day. I send this by 
Blunts' men, who together with his brother are returning back to him, 
their stay here being now unneceflary — I shal write to you more fully 
w*^ the prisoner, or elfe by M' Richardson, who is just now arrived 
here and intended for y' province, as Reco' Gen" for the Lords pro- 
prietors* 



To the President of North Carolina, Dec. iid 

Sir, According to what I writt you, the 1 3^** instant by y® return of Wmiburgh 
Blunts two Indians & the Hostage, I now send the Indian prisoners, be- ^^ q^^^ p^j. 
ing eight in all, the Warrant which will be delivered with them, will in- lock of North 
form you by whom they were taken and when committed, and as the CaroUnt, on 
only crime they have been guilty of against this Government is their LV*™* '"**" 
coming in, contrary to our proclamation, I shall. leave them to your 
Justice or Mercy, as you find them guilty or otherwise in relation to the 
late MaiTacre. It is now above a month, since I sent you the Resolu- 
tions of our AiTembly for the Releif of your province, but have not yet 
had any answer either as to you receiving the DufFells, or the application of 
the <£iooo for the service of your Country : I shall be glad to find the 
circumstances of your Aflairs are not now so pressing as they were then 
represented, & one would be inclined to believe they are very much bet- 
tered, since the meeting I proposed with you, or some Deputy from 
your Government, to concert measures for the more effectual application 
of that Supply has been so long delayed— for my part I have hitherto 
suspended all my thoughts thereon, because as I have already told you, 
I expected such a meeting, & have nothing more at present to add, but 
diat I am 

S' 

Your most obedient humble fervanc. 
(No signature) 

Hond : S' * Dec. 23d 

I want words to express the miferable state of this poore Countrey— Choan, N. C. 
For Coll : Moore (who is a gentleman seemingly of great worth) not q ^ p n u 
finding provifions ready at Bath County for his forces, was necefsitated in reply on the 
w^** all his Indians, being about nine hunder, to march into this County, "me lubjectt 
wher they muft by deftroying the place untill provfion is carryed round, 
and men raysed here to join them — The want of haveing provifion 
caryed round was cheifly occafioned by the ignorance and obftinacy of 
our Aflembly, of all w*** Cap* Jones can give y' hon' a particular ac- 



me 



CALENDAR OF STATE PAPERS. 



1712 



BUckwater 



Meherrin 
Indiani 



count — Now being informed b^ Coll : Moor that the Tufcororocs have 
taken into their Forts, having in his comeing in laid three dayes befor on 
of them, And thought it unadviiable to stay longer, being in want of 
provifions, Tools and some more whttt men, his indians not being very 
ready in attacking Forts w'**out Englifli — For w*'** reafon, what men of 
ours can be rayfed muft March w**" him, who are generally badly pro- 
vided in clothing to March this seafon — 

Wherfor would earnestly entreat yr : honor to order the duffells for us 
at M' John Cottons at Blackwater, Likewife a dofen spades, twenty 
brafs pans, and about fifty or fixty hand granads, they being very necef- 
iary for the ready takeing of the Forts. I shall have a boat or cannoe 
at John Cottons on Monday nixt. It will be of extraordinary fervice 
to the Countrey at this time For the Army being, to march out the 
firft of the nixt month. If it come not before that time (hall have no men 
to goe out — 

As for yr : honor* difpofing of the money by your Affembly, it being 
impracticable for any of y' Forces to come at this time, not only by 
reafon of the Badneff of the seafon, and the want of provifions being 
yet carryed round, but cheifly to have y' Forces as a referve. For I hope 
that Coll : Moore, w*^ his, and fome of our men will be able to reduce 
our enemy Indians to a low Condition by the midle of Febry next ; by 
w^ time it is probable that many of Coll : Moores' Indians, having got 
Slaves or other Booty may defert. Only about two or three hunder ur®** 
Coll : Moor doubts not he can keep, so that If then we can have fome 
forces from you, they may be a great means to give the finishing stroke 
ft bring enemy s that ar left to a Peace on Reasonable terms. And in- 
tend to fend in ane agent in Convenient time before them, at w^ time 
yr : honor may order matters as you (hall see the pofture of our afEiirs at 
that time requires, of w^^ (hall particularly informe y' honor from time 
to time — I have often complaints brought to me of the infolency of the 
Meherrin Indians on this iyde Meherrin River, w^ a jealoufy of their 
Killing and driveing back the peoples stocks, on John Beverly, who 
lives near them, againstt whom they have a great hatred, haveing had a 
mare or twoe (hot lately^Alfo having ordered the Rangers and hunters, 
for to take upe any Indians they should meet w^ on this fyde Meherrin 
River ; and haveing taken on of them, brought him in to the for s^ 
Beverlys — in a little time about eighteen of the Meherrin Indians came 
upe, moft of them armed and forced them to lett loofe the indians 
they had taken, giveing them threatening and abufive language — So that 
befydes their Killing the peoples stocks, fupplying the Tufcaroroes -w^^ 
ammunition, i am in great doubt they may doe further mifcheif on this 
shore, and lay it on other indians — All w®" I hope yr : honor will either 
redreflf, or not take offence If wee take such meafures w^^ them as wee 
(ball see moft for our own fafty — Tom Blunt," the indian comeing in 
befor I had finifhed, bath hindered my sending thes two dayes, so that i 
beleive if the boat or cannoe for the duffells be at M^ Cottons, by Wed- 
nesday the laft of this month, it may be time enough — Coll : Moore 
hath promifed Tom Blunt, (upon his being true to the £ngli(h) protec- 
tion, and to fecure him and the people of his Fort from his indians — 
Tom Blunt is very defirous of having in, his brother (as he cals him) 
and his confine now in your prison, whom the Bearer W™ Charleton 
our interpreter knows — whom if your honor will be fo favourable as to 



CALENDAR OF STATE PAPERS. 159 



\ 



\ 



let us have them fent to M' Cottons, to be brought downe in our boat 1712 
it will be a great Kindneff, and may be of great fervice to us, Blunt ac- 
cusing us, for giveing him nothing for all he is done only words, as he 
fays — He had intended to have come or fent in now, to yr : honor. But 
Coll : Moore intending to march in by his towne, he thought it neceffary 
for him to be at his towne ; of all w*** our inter prcter can give you a 
full account — 

Hon** S% I am afhamed that neceffity forces me to trouble yo fo much. 
But I doubt not ye will coniider our prefent Condition, And Continue y' 
Favours to us, w^^ fhall be planted in indelible charectars in his heart, 
^v who is 

Hon^ S' 

your most obedient Humble fervant, 

THO : POLLOCK 
Bond : S' 

Tom Blunt juft now informes me of on 
Meherrin Indian latly at his towne, named 
Tut-sech, baf : queat — fo that it is not to 
be doubted but that they supply them w^^ 
what ammunition they ufe and cary what 
ncwes they know of — w*^** I doubt not y' 
honor will confider 

T. P. 



Hon^ S' 

Yours of the 13*^ Rec* by the Indians last night, wherein, I obferve Dec. 18th 
that I have not anfwered yrs : of Nov. the 18^ so fully it seems as I choan, N. C. 
ought to have done — First as for the DuiFells, I gave your honor aco^ 
of the great want of it, and intended to have fent for it as foon as i ^^^' t^°oJ^. * 
understood from yr : honor wher I was to have it. But neceffity Fore- Spottwood on 
'"gi begged in my laft the favour of having it, and fome other nccefla- Indian affain 
ryes brought to S"* Key, the charges of w*"** may be ukcn out of the ^'fe^'^jS/J^tije 
iiooo. And the 1000 lb : left to yr : honors' dispofall I thought was a ^ople of N. 
good referve for the laft caft. And that it was not policy to venture all Carolina 
at on hazard. For Knowing the inftability of the S^ Carolina indians 
by their leaving Coll : Barnwell last year, can have no certan dependancc ^5*'* ®*"*^.*'^ 
of their finifhing the war at this time — But I concluded that when they ^ ' 
had done what they could againft the Tufcaroroes, Then what forces vr 
honor can raise w^ that Fund might I thought, w^ our help bring tne 
enemy to a reafonable peace, as I writt to you by Charleton — And as 
for a declaration of war againft our enemyes I propofed it to the Coun- 
sel! here, who after due confideration, thought it altogether unneceflary, 
after baveing pafled here severall Acts of Aflembly declaring warr, and 
after the continuance of the war againft them 15 months & several of 
^tk fides Killed and taken & indeed it feems to me a litle prepofter- 
r5. Whow foever, if the upper Towns of the Tufcororoes doe not 
^rforme their Preliminary Articles i intend to lay the breatch before the 
^ounfell, and have a Proclamation iflued out declaring warr, and fend in 
one of them to yr : honor, w^*" i hope may Remove all fcruples — As for 
sending for the indian Prifoners, i was very willing to fee firft if ther in- 
dians would have kept their Preliminary Articles w^^us, firft, haveing no 
Prisons to Keep them in here — Your honor needs not doubt but that the 



«: 



l$0 CALENDAR OF STATE PAPERS. 



1712 favour of the dufFells & money was accepted of here, w^ all the ac* 
knowledgement and gratitud wee wer capable of Efpetially being to be 
lodged in yr : hands who wee know will manadge it for our beft advan- 
tadge, as you will fee by the addreiT of thanks from our AiTembly w*^^ i 
hope y® have Rec*^ by Charleton, before now, being disappointed of it a 
long time by the mifmaxudgement of some Persons whom the AiTembly 
trufted, of w*'^ Cap' Jones can give the beft account — 

I had sent in a Depty : or twoe before now, to concert what measures 
your honors thinkes beft in laying out that money — Only thinking that 
ther was no prefent necefEty of laying out any (fave only for the cariadge 
South Key, or of the DufFells & the other things sent for the 8'^ Key) And lykewife 
South Quay all our men capable to be sent as deputys being otherwise employed in 
that troubleibme juncture, thought it might be delayed untill the army 
was marched out — It is true provifions is lyke to be very short w*^ us. 
But I will ftrive hard to provide the army (if poilible) And had rather 
the Inhabitants should pinch a litle this fummer, then the money be im- 
ployed for that ufe, w^^ I doubt not yr : honor, will find wayes to imploy 
it more for advantadge — And intend as soon as the Army is out and 
have a litle profpect whow (how?) our affaires are lyke to succeed, then 
to fend in a depty or twoe to give yr ; honor a true ftate of our Condi- 
tion, and to agree on fuch meafures as you fliall thinke moft advantageous 
for the peace of this Government — 

As for Hancock, it is time they had obliged themselves to deliver him 
both to you and to us. And having brought him in here, and the offence 
he had committed being againft this Govern', And as wee apprehended, 
it was on account ye preffed his bringing in, so that it never entered our 
thoughts that ther was any neceffity of fending him into you, or that 
you dcfired it, otherwise wee would certainly have sent him in by 
Blunt, who was very willing to goe — And I am confident non in this 
Cover"* ever imagined ye would have fheltered him from his deserved 
punifliment— 

Hon*^ S^ I would have sent a boat or a cannoe to S*^ Key before now. 
But I proteft it is as much as wee can to spare this cannoe now to send — 
All the boats k cannoes wee can gett here, not being sufficient to cary 
provifions for the indians who ly here destroying the place untill pro- 
vifions is caryed round to Bath County w^^ I hope now will be in a fnort 
time — 

I am well fatisfyed that ther is a reccaver Gen" come in, by whom I 
hope wee fliall have some Inftructions from the Lds : Proprietors, And 
should be glade to have the honor to see him here. 

Hon** S' If I have miffed in this or my former, threw inadvertency or 
mifapprehenfione, I hope y^ will impute it to the great preffure of bufineff 
I now ly under-*The army here to be provided for, Provifion and some 
other ne ceffaryes to be sent round to Bath County, men, horses and 
arms to be rayfed and twenty other things, too long here to Recite, The 
Counsell not near mee, all w^^ I hope yr : honor will confider^i And 
affure you ther shall not the least thing flipe me intentionally, that may 
any wayes offend you, but shall approve myself on all occafions to be 

Hon^ S' 

Your most obedient Humble servant 

THO: POLLOCK 



CALENDAR OF STATE PAPERS. 161 



To the Hon^^* Alexander Spotswood her Majesties Lieutenant Governor 171 2 
of Virginia, & the Hon^^® the Council of State — 

The buaible Petition of Richard Wharton, John HoUoway & John Petition of 

Clayton— Ricliard Whar- 

«, , ^ ton, JohnHol- 

btl^wetll, loway and 

That Your Pet" were Ordered by the Hon"'* the President i Coun- /^f ".^^^7^. 
cil, in Apiill Court, being in the vcar 17 10, to Affift her Majes*** Attor- ftLi'onal^cr^^' 
Jiey Generall in adviseing about the Prosecution of severall Negroes & vicei rendered 
Indians, then under accusation of High Treason k in prosecuteing the ^^ Crown in 
same at their Tryals before the General Court, That Your Pet' did ad- ofct^vci^^^ 
vise with M' Attorney concerning the sd : Prosecution* & did affist at Traitors 
the Tryalls k two of the Traytors, *Scipio k Salvadore were found ^ ^ gj^^^ 
guilty k sentence of death paiTed on them — That Your Pe^ did apply to and an Indian 
the Generall AfTembly for a Consideration, for their Services k had no •entcnced to 
allowance for the same. ,^"^^ ^^' ^^«^ 

treason 

Wherefore Your Pe*'* humbly pray Your Honours 
Consideration of the Premifes & that you will be 
pleased to Order them such fFees for the sd : Ser- 
vices as Your Honours shall think reasonable— 
And Your Pe^* shall ever pray &c — 



Hon* S' Jan'^ 15^^ 17" 17 13 

Since mine by Charleton I have rec*** four of yrs : on by the Indians Jan. X5th 
that came w^^ Tom Blunts brother, another by the Guard of the indian r^^ ^^^^^ 
Priflbners — The 3'* by Charleton, and the laft came w"* goods in the Spotswood 
cannoe : one teusday the 13th instant. And concerning our not sending 
in to you the. Indians Coheree and Hancock, I beleive it never entered Reasons why 
into Governo' Hyds thoughts, nor mine, nor any of the Counsels that J? V"*^"" . 
ye would have defired ft. And their crimes likewise being cheifly againft Hancock were 
this Government wee did not imagine it could give any offence to have not delivered to 
them suffer here : And non here ever queflioned but if they had been ^**^' ^P°"" 
brought in to you, you would have fent them in here to have Rec* their 
deferved punish™' — upon receat of y' honors' last letter, I sent away a 
runner to Tome Blunt, to defire him to be in at M** Cottens on the 20'^ 
inflaiit \ And lykewife have appointed the bearer Major Christopher Gale, 
our Agent, to concert what meaifures your honor thinks mofl advanta- 
gious, for carying on the war w^ what y^ Affembly hatlv raifed for us. 
Coll : Moore would lykewife willingly have come in, but the deftruc- Indians con- 
tione his indians make here of our Catle k Corne is intoUerable, having *"™? t^ ^^^ 
already eat up a great deallof the corne that was rayfed by the AfTembly pg^Jl"*^"' 
to maintain the ware, and alfso deflroyed all the Catle wherever they incensed 
have come, so that fome of the people here hav6 been feemingly more against them 
ready to ryfe upe againfl them, then march out againfl the enemy. So 
that he is forced to march out w*^ them intending, to depart from hence 
on fatarday next, and to attact the Fort, he was at in coming in. 

I am doubtful! wee fhall be put to a flrait for provifione for the army ; 
all the publick corne that is left, I fear will fcarcely be sufficient for the 
Forces twoe months, And such a fcarcity in the Countrey that no more, 
I believe can be raifed, feverall people not being able to pay this last tax. 

*This negro slave was under trial in 1709, as will appear by the Calendar, page 129. 

21 



rv 



lee 



CALENDAR OF STATE PAPERS. 



Great scarcity 
of food 



Virginians 
should march 
against Tom 
filonty while 
Col. Moore 
attacks their 
forts 



Necessity of 
dealing the 
Tuscaroras a 
blow 



So that I beleive itt will be neceffary, if you thinke to send y"^ forces 
speedily to our affistance, that provifions be purchased for them out of the 
1000^**. But if you doe not send them untill our Provifione is cary'' 
round, then wee shall be more capable to judge what wee may want — 
As for the i8o^^ to be lai*^ out in duffels (For fear of the mifcariadge of 
the supply that is expected from S^^ Carolina) I beleive it may be conve- 
nient to reserve so much of it as may purchass three or four bariels pow- 
der & ball answera^^^ — If your honor thinke fitting to send out y® forces 
speedily, I leave it to your mature confideration, whether it may not be 
best, whill Coll° Moore is attacking the further forts, that your forces 
(hould march to Tome Blunts, and either Force him to joine his forces 
w^ yours againft the others or attack him as ane enemy. Butt if you thinke 
it more fitting when aome Coll^ Moore's indians (having got fome flaves 
by taking a fort, or fome other blow) have left him, then to fend out yr^ 
Forces to joine him to profTecute the warr w*^ vigoure and reduce them 
to a neceiSty of makeing Peace — For I am Really persuaded, that untill 
the Tuscaroroes have had a fmart blow given them ther can be no Ex* 
pectatione of a firme peace w*^ them. AH w*^^* I leave to y' honors more 
ferious confideratione, not doubting of y*" utmoft indeavor for the good 
and Peace of this poore diftrefTed Country — I was much troubled to un- 
derfland that the AddrefT from our Afiembly was not caryed in and 
delivered to you as I had writt, and as I certanly expected — But I hope 
when y' honor hath perufed* the inclofed (w*^^ is a true account of the 
proceedings in that affaire fo far as I know, you will imput it only to my 
weakness and inadvertency in trufting too much to others : and can 
afTure you to the best of my knowledge ther shall no falfhood to your 
honor nor no other slipe from his pen who fincerely is 

Your nonors' 
most obedient humble Servan' 

THO: POLLOCK— 



Jan. 2ist 
Sooth Key 

Copy of reply 
to Gov. Pollock 
on Indian 
aflairs 



Reuons why 
he cannot send 
any farther 
relief 



Does not make 
war as the 

Indians do 



To Coll : Pollock (From Gov : Spotswood) 

t Sir, 

Since an interview which I took so much pains to ob- 
tain k to make easy to you, hath not been judged of such importance 
as either to merit your presence, or the thoughts of your Government to 
instruct your Agents in any one overture for promoting your Service 
against the Enemy : And since I perceive, both, by your letters and their 
discourse, that I am not to expect any provisions for the Forces desired 
from hence, notwithstanding the expreff afTurance thereof in your late 
address, I must now plainly tell you, that after having been twice thus 
bafHed by your AfTembly, I am discouraged from undertaking any thing 
further for your relief. And untill I understand that you have sufficient 
Magazines of provisions at Meherrin, Morattuck, & Jenitaatar Rivers, 
I shall not Resolve upon sending any forces : for I have not been used 
to make war after the Indian manner without any measures concerted or 
promises Regarded — I have made some Proposals to your Agents for 



* A statement, by Mr. Snowden, Speaker of the N. Carolina House of Commons, &c. &c., 
giving the reasons, why through certain mistakes, and delays, the Address referred to had not 
been signed in time for the messenger. 

f Very spicy and pointed in tone. 



CALENDAR OF STATE PAPERS. 163 



I 



furnishing those provisions & Securing the Magazines, and for preserving 1713 
a Communication over Morratuck River, which they will impart to you, 
as what I judge necesfsary for profecuting the War with Effect ; and if 
ou have any other proposals to offer, that may be feasible, I shal hearti- 
y concur with you in the Execution® of them. But I would not have 
you build your proposals entirely on the thousand pounds, for in my 
opinion that sum will be scarcely sufficient for the pay, alone, of such a 
number of men as in prudence may venture among the Tuscarura 
Towns, much less to furnish provisions withall. I am sorry you did not 
let me know sooner, your mind in relation to ve DufFells ! for you will 
observe by the account sent with Major Qale, tnat I have delivered him 
heie, such a quantity of Cloathing as exceeds the sum given by our Af- 
sembly above £16, besides the Charges of their transportation hitherto, 
occasioned by the necessity of imploying different persons to purchase 
them at remote places, anci the hastening them hither for your Service 
before the charge could be computed— You needed not have given your- 
self so much trouble to Appologize for the delay of your Afsemblys' Ad- 
dress : for it is the mismanagement of weighty af!airs, and not the mis- 
carriage of such Trivial matters that can effect me — 

Upon Petition of Thomas Etheridee, a warrant issued to Enquire into Feb. 3d 
the supposed Escheat of certain lands, left by Mathew Nichollis of Nor- 
folk County, deceased > in order that the said Etheridge may obtain 
Grant for the same 



To Coll- Pollock, 

\ S*' March 8th 

You do me too much honor, in laying so great Stress upon Copy of letter 
my favour, especially since I perceive you do'nt intend I should show it e'°"* ®°^; , 
by any present undertaking in yr : behalf. 1 rejoice very much to hear qqv. Pollock 
your af&irs are not in that extreme necessity and apprehended them to about Indian 
be at ye time of yr : Assemblys' address & am glad you have now such *^**" 
number of South Carolina Forces, as may be sufficient to do ye work 
eflectually without ye assistance of Virginia. The Earnestness with 
w'* I pressed the conference at South Key & ye concern I showed upon 
ye disappointment I mett with there, was purely out of Consideration of 
the distressed condition of your People, and my earnest desire to contri- 
bute to their Releif — I sincerelv wish y' Judgement may prove just & 
that ye S^ Carolina forces may nave no occasion to be joined with any 
from hence, for I'm afraid the Thousand pounds supply will prove but a 
poor Reserve, in case of any miscarriage. But whatever happen, I shal 
heartily Jcine any endeavours to assist yr : province as far in me lyes, & 
for that end shal be ready on my part, to preserve with you a friendly 
correspondence, and on all occasions to testify that I am 

&c &c 

Just now I have rec^ advice that the Tuscaroroes have surprized k 
rob'ed our Traders going to the Western Indians — I'm very little con- 
cerned for their loss, because they engaged to go so strong & to march 
so hx wide of the Tufks, as not to be in danger of any attack. But I'm 
extremely troubled lest the enemy have by this means, got a greater 
quty : of ammunition than I eould have wished — since I understand you 



164 CALENDAR OF STATE PAPERS. 



17 13 are in such want of powder. I shal endeavour to send to Jno : Cot- 

tens by ye 1 8*^ instant four barrels of powder, w*^^ may be carryed down 

widow of Gov. to you by ye Canoes, in w^^ M" Hyde informs me she designs to come 

Hyde, coining up at that time, and hope you will have some carefull person there to re- 

to Virginia ^eive this Supply — 



March To Coll : Pollock- 
s'^ 

Gov. Spots- Last night, I rec^ by Charleton yo" of the 2^^ instant Vi^^ gives occa- 

woodacknowi- gj^j^ jq rejoice with you upon y® good news of y® succeffof yr Forces — 
receipt of the I ^ery readily agree with you that the pursuing this blow is the surest 
news of the way to put an end to the war, but the difficultys in the execution thereof, 
defeat of the ^ch yQ^ j^^yg justly Stated are too great, to" be surmounted by the Reso- 
" '*"^ lutions of two or three persons, how zealous soever they may be — 

Where other means are uncertain, it is prudent to make ye best ufe of 
such as are in ones' own power — You have already* experienced how 
ruinous the continuance of this war hath proved to y' Country & there 
is little hopes of bettering yr : Condition, by the prosecution of it under 
the unhappy circumstances you now labour : Wherefore, I think if an 
Su ests means ^0^0"^^^!^ peace Can be obtained while the terror of the late severe 
to bring about Connection is fresh in y® minds of y' Enemys, it would prove ye best 
a lasting peace Expedient to free you from yr : troubles, and in all probability to quiet 
the Tuscoruroes for a long time, at least while the memory of the lofles 
they have sustained remains among them. To this purpose it may be 
.proper to talk high to Blunt, as if you expected not only a Reinfoi;ce™' 
from S*^ Carolina, but that Virginia also was moving to yr : aflistance* 
This will be the more duely credited by him, because upon advice that a 
Body of the Northern Indians have lately crofled our Frontiers, and are 
gone towards Morattuck, in all probability to ye assistance of ye Tusca- 
roroes, I have ordered all our Rangers w*'* compose a Body of near 150 
m en, to march that way, and tis very like, some of the Tuscororoes that 
Proposes to have fled from y' Forces may fall into their hands — It may likewife be 
make Blunt proper to let Blunt know that you are so well satisfied with his Conduct^ 
Tuscarora ^ ^ ^"^ especially in delivering up to you, the two persons who committed 
tribes in North the late murder, that you are willing, to conclude a peace with him and 
Carolina all Other Indians of the Tufcaroro tlHA Masammaskete nation, that will 

put themselves under his Govern"^', and that you will make him King of 
all those Indiaiis urider the protection of North Carolina. This propo- 
sal will stir up his ambition ; and no doubt oblige him to be faithfull to 
the English for the future ; and it seems reasonable to believe that the 
Tuscaroroes will now very readily embrace such an opportunity of mak- 
ing their peace. And by this means, you may also engage Blunt to de- 
liver to you the greater part of the murderers that are yet alive. You 
will in all appearance, be more secure by this means of any attempts of 
those Indians, or at leaft if they should again begin their old practices^ 
you will be better able to provide ag*^ them in time of Peace, after the 
Country hath had fome Respite from their present Calamitys. As I 
have no other intention than to contribute to the Relief of yr : province, 
I shall very readily concur with you in thefse or any other measures that 
may be judged proper. And you may afTure Blunt, that upon his con- 
cluding such a peace, he shall be owned by this Gov^ as the Cheif of 



CALENDAR OF STATE PAPERS. 165 



* 



the Tuscarora Nations. This I offer only as my prefent thoughts, but 

next week I shal have a meeting of the Council and then if any thing ^7^3 

further can be thought of for yr : assistance I shal communicate it to 

you by Express. 



/ T 



To Coll° Pollock, March X9th 

S' Virginia 

Capt : Jones informeing me of his intended Journey your 
way, I take this opportunity to let you know, that after divers applica- 
tions from some of the Tufca"* Indians, who say they left yr : Govern- Tuscarora la- 
ment on the first breaking out of the war & have since remained dis- to*virg?^"' 
persed on our Frontiers, I judged it necessary to bring under some Regu- Received and 
lation such a number of disorderly people ; who declared themselves, subjected to 
resolved not to return or submitt to yr : Govern""^ and ag*' whose ^o^""™«'>^ 
attempts the people of this Country could no otherwife be secure — The 
disposition I have made of removing them so far from you & placing our 
Tributarys between them and yr : Frontiers, with a constant Guard of 
white men at their Towns, both of the one & the other, I doubt not 
will satisfy all indifferent persons of the care taken to render yr Gov- 
ern"** secure ag**^ all their Designs for the future, & the stipulation of 
delivering up such as were notoriously guilty of the Mafsacre, — will con- 
vince you how much I desire to do juftice on thofe Rogues. As I have 
never held any correspondence with yr : Indians or other Inhabitants 
without' communicating the same to Coll : Hyde and since his death to 
y : Self, so I have now given Capt : Jones a Copy of the Treaty with 
I^efe Indians, whereby you may be informed of every particular of this 



''^nsaction. 



List of All Ships and other Vefsells, that have Entered and Cleared Match 25th 
in -*r-».ccomack District, from y^ 25^^ March 1712, to y® 25*** of March p^^ ^ 

^ ^ * Accomack 

WM WATERS 

nav^ ofP^ 



March 27th 

^ ^"^ 20^ of this inftant I attact No-ho-ro-co fort, on C * * * • Capture of Fort 
D *"^<^lc & ye 23^ In ye morning took itt, with y® Loss of 22 Whit men No-ho-ro-co 
f ^^ more wond'd— 35 Indians Kill'd & 58 wond'd— Moft of ye Dam- coI^mo'ow ^^ 
in ^ "x^ee Rece** after wee had Gott ye fort to ye Ground, which we Did 
QP y^'^ firft 3 hours — I have Little elfe to advife ye Hon'* but that ye Qu* 
QP >^^ Ememies Deftroyed is af follows — Priffoners 392, Scolps 192, out 
Y-|>^^ sd : fort — & att Leaft 200 KilFd & Burnt In ye fort — & 166 
Q *^1 ^ <l & taken out of ye fort on ye Scout, which Is all ; but My Servis to 
^ : Jones, from yr : Hon" ob** Serv' 

JA: MOORE— 

^ ^^ does not appear to whom this letter is addressed ; but must have been to Gov. Spots- 
^^» else it should not be found among Virginian records. 



166 CALENDAR OF STATE PAPERS. 



1 71 3 Hon*^^^ S^ 

April loth Our Justices having thought fitt to nominate my Son, one 

of the persons w*'^ they recommend to yo^^ Honour to be our Sh' I am 

Suflbrd County - - '^ - - - •' >• ' • - • 



bold to make this my address in his favour, and shall be highly oblidg'd 
if yo' Honour would be pleas'd to think him worthy yo' good Esteem, 
rie not trouble you any more, but afsure you I am S^ 



Geo. Mason 
aikttheGoTer- 
Dor to appoint 

hit ion sheriflT Yo' Hon'" most Obed^ 

Humble Servant 

G. MASON. 



April isth To the Hon^^® Alexander Spotswood her Maj^^^* Lieut. Governor of 

King Wm Virginia- 

County the Petition of George Dabney 

Humbly Sheweth, 

George Dabney That whereas your Petitioner being one of the Jus- 

ailcs tobemade jj^^^g ^f King W"* County, and hath served the sd : County as a Justice 
" Ever since it was a County : Exeept some small time your Petitioner 

was Left out of the Commition : and never yett hath obtained the favour 
of the Government, of the Sheriffs Place : Wherefore your Petitioner 
Humbly Requests your honour, that you would be pleased to favour 
your Petitioner with the Sheriffs Commission : whish favour shall al- 
ways be acknowledged by him who heartily Prays for your Honours good 
Health and Long administration over us. 



May To Coll° Pollock, 

Gov. Spots- I have rec^ yo" of the 25th and 3041^ of laft moneth, where- 

wood to Gov. by I perceive you are fallen into the same measures, I proposed for 
Pollock as to establishing a peace with y® Indians, only with this variation, that you 
to*be'observed insist upon higher Terms, than I can think prudent at the Juncture : for 
in order to a as to the delivering up to you 20 of the Cheif contrivers of the siezure 
permanem ^f ^j^^ Baron & Mr, Lawson, and of carrying on the Massacre, and 
indUns thofe to be named by you, it will be fitt to consider how shocking this 

will be to all the consid^^^ men of that nation, who will without doubt, 
beleive that they themselves will be the persons pointed at, and rather 
choose to hazard their lives, by the chance of war, than submitt to a cer- 
tain death, by yielding themselves your prisoners : the insisting likewise 
on the delivery of such of Blunts Indians, as have had any hand in the Mas- 
sacre, will make them averfe to this Treaty, and render Blunt, incapable 
of Executing what engagements he shall make to you — In my opinion, 
after so many have been made Captives and distroy'd, and that with such 
exquisite tortures (as I have been told), an Act of indemnity might very 
Recommends well be pressed for the rest — Not tliat I am pleading for any favour as 
an act of am- J^e (q those Indians. On the contrary, I think all that had any hand in 
^^^d^9ad for- Y* Massacre deserve death : But in the present Circumstances of yr : 
bearance as the Country (of which the Indians are not altogether ignorant) it seems very 
best policy improbable they should submit to worse conditions upon a peace, than 
you are able to force them to, by carrying on the war : and notwith- 
standing Blunt may be induced to sign such a Treaty as you propose, 



CALENDAR OF STATE PAPERS. 167 



yet you will be as far as ever from establishing a peace by that means — ^7^3 
for the experience I have had of thoie very Indians, hath shown me that 
they are easily persuaded to promise any thing, but that there is no de- 
pendence upon their performance, except where they can find in it either 
their interest or their Safety. So that if a peace can be obtained with 
the delivery of two or three of the Ringleaders in y® Massacre, and 
thoie named by you before the Treaty, the reft will then imagine 
y^selves out of danger, will neither interrupt ye Treaty, nor be like to 
break y^ peace after its conclusion — 

As to the practices of the Northern Indians, I have formerly, and now 
again by the man of war, that carrys M" Hyde given Coll® Hunter a 
particular acc®^ thereof, and desired him to use his endeavours for pre- 
vention thereof for the future — The inclosed pr. ml : will informe you 
of the latest & most material piece of news we have here — 



Middle*' > t- .u u bie - /^ n J""« 

^ ^ > To the Honour*"® ye Cjov° 

^0""fy > ^ MiddletexCo 

Your poor petitioner David Morgan, Humbly Sheweth, (^^^^ petition 
That one Thos. Burk late of ye County aforesaid: Layd ill with a for the estate of 
Troublesome Deftemper at ye Houfe of vo' peticoner, for y® Space of on«<iy»n«*^»'^- 
Three Weeks & Departted this Life on ye' 2"* Day of this Inftant June, ^"|,^J^*" 
k y**' peticoner did Bury ye aforefd : Burk in a CofEn & w^^ other 
Deacent & Chriftian Burial — Now so it is & may it pleafe Yo*^ Hon' the 
Said Tho : Burk leiveing an Eftate of ye Value of fiveteen or twenty 
pd» CuHi money, or there abouts : Due in Debts — And haveing neither 
Wife nor Child nor other Relation, You poor peticoner Humbly prayeth 
that your Hono' will bee pleafed to Beftow ye S^ Eftate on him after 
Juft Debts payd : and further prayeth y' Since ye Dec* p'son was lUiti- 
rate & haveing neither Bills or Acc^ for ye aforefd Debts, That if it (hall 
bee Yoy Hono" good pleafure to give ye Eftate aforefd ; That your 
Hon' may be pleafed to Order y^ Your peticoner may Recover ye Same : 
Eyther at the Comon Law or Equity. And your poor peticoner as in 
duty bound Shall ever pray — 



By Her Majestys Lieutenant Governor & Commander in Cheif of this June 15th 
Dominion — 

Whereas, there are sundry Dutys arising by Acts of Assembly, as well Christ. Robin- 
on Ships 4; Vessells trading in Your District, as on y® goods and Mer- "" »ppojjtfed 
chandizes imported therein, whereof Christopher Robinson is appointed thtTdur^on ^ 
Receiver; and whereas in pursuance of the liberty granted by ye Com" Tobacco 
of ye Customs to the Gov" of* the College, I have also constituted & ««ported from 
appointed the sd^. Christopher Robinson to be Comptroller over you, for \y^^ punrttioni 
the duty of a penny pr : pound on tobacco, exported from yr : District 
to the Plantations. For the better enabling the sd : Christopher Robin- 
son to execute & performe y® sev^^ Trusts required of him, I do hereby 
Charge and Require you, that you grant no Permitt to any Ship or Ves- 
sell whatsoever to break bulk and Trade, or Clear any Ship or Vessell 
that hath been trading within yr : District, untill first the M' of such 
Ship or Vessell shal produce to you, sufficient Testimonials, under ye 
hand of ve sd : Christ' Robinson, or the naval officer. Receiver of the 



168 



CALENDAR OF STATE PAPERS. 



1 713 Virginia dutys, and Comptroller of the sd: Diftrict for ye time being, 
that the sd : Ship or Yessell hath duly complyed with what is required 
by the Acts of Trade & Navigation & Laws ot this Colony — And herein 
you are not fail — Given under my hand this 5^^ day of June 1713- 

To Ric* Chichester Esq' 
Collector of her Matys 
Customs in Rappahannock 
* River 



August 3d 



Letter to Gov : Pollock from Gov : Spotswood on Indian affairs : and 
referring incidentally, to Coll® Cary (the rebel of N. Carolina), Yind cer- 
tain instructions given to Gov : Pollock, in regard to him by the Lords — 
Proprietors of N. Carolina, about which Gov : Spotswood declines to 
Express any opinion he '' being never fond of meddling with other mens' 
afiairs " &c &c — 



Nov. 

Wmiburgh 

Mcstage of 

X^OT. Spoti- 
wood to the 
H. of Burgesses 
at the opening 
of their session 



Petce 



Tobacco trade 



Securing the 
frontiers 
against Indians 



Gentlemen of the Council November 17 13. 

& Houfe of Burgefses — 

Peace ever comes attended with innumerable benefits ; so that I hope 
We shall in this Meeting be able happily to lay hold of some of them — 
and as we are in duty bound to make our thankfuU acknowledgements 
both to God, for mercifully bestowing this Blefsing upon us, and to our 
Sovereign for graciously labouring to procure it. So I think we cannot 
express our grateful Sense thereof, better than by pursuing the ends for 
which it was given us, that is, by heartily uniting ourselves and sincerely 
endeavouring to promote Religion, and cultivate the arts of peace — 

You Gentlemen of Virginia might feel as early as any of her Majes- 
tys Subjects the advantages of this Peace, if an Afsembly wouldf as 
readily concurr to prevent pernicious practices, as a Parliamejit has in- 
clined to redrefs Grievances in your tobacco Trade : and without you do 
your parts in this Colony, I fear all means used elsewhere will scarce 
make it flourish : for here is certainly an Evil at the very root of this 
Trade, which may demonstrably appear to be the present method the 
Country is in of discharging debts and Levys, by tobacco payments : for 
from hence must evidently proceeds the exportation of all that Trash 
which ruines your marketts abroad, and daily lefsens the reputation of 
your Commodity in Europe : This gives an unhappy occasion to the 
breeding up of too many persons in a fraudulent way of dealing : Be- 
sides, the Publick Credit, is so sunk by these payments, that as now, no 
service is readily performed for them. So I am confident no money 
could in any Exigency be borrowed upon the faith of them. In short 
there is so much folly & iniquity in the practice, that it can by no means 
square either with Policy or justice : and therefore I hope you will judge 
it worthy of your consideration, how to apply some Remedy to this 
Evil— 

The next matter, I shall recommend to you, is the providing more effec- 
tually for the Security of your Frontiers against foreign Indians, who 
notwithstanding the many party s of Rangers, have since these have been 
on foot, Killed & carryed off at least twenty of our outward Inhabitants 
and Tributary Indians : I have attempted by several ways to oppose 



CALENDAR OF STATE PAPERS. Il69 



these incursions, but after some trouble & expense have only experienced 17 13 
that our people are not disposed for warlike Undertakings — Whereupon 
I have begun to try what may be done for their Safety by way of Treaty, 
but do resolve to conclude it upon no other terms than such as I shall 
find entirely agreeable to you — 

The generality of our Tributarys have of late approved themselves to Tributary In. 
be very ready and faithful Allies, and I am persuaded that the settling ^^*°* 
themselves along our Frontiers, without all our Inhabitants (if it could 
be done under such a regulation as would make them willing to remove) 
would be a better & cheaper safeguard to ye Country than the old method 
of Rangers — 

* The Cloathing you intended for the releif of North Carolina has all The cioathiag 
been bought & delivered, but the greatest part of the thousand pounds ^ ^fT ^^^^ 
still remain unexpended : which has been occasioned by that Govern- 
ments' declining to join in such measures as I might reasonably think 
this sum was appropriated for — You shall have laid before you a particu- 
lar account of what has been expended, whereby may be observed that 
part has been for stores of war sent to North Carolina, and the rest for 
expeditions undertaken against the same Indians, who were fighting 
against that Government. 

At the same time that I put you in mind of some timely repairs for Recommenda- 
the Capitol, and of the Trustees for the City of Williamsburgh, being tiom in behalf 
accountable to none but the General Afsembly. I think it proper to in- wmsburgh^^ 
form you that their has been a necessity of resurveying and marking out 
anew, the bounds & streets of this place : and I wish you joined in 
opinion with me, that to give some Afsistance to this Infant town, to- 
wards building a Market House, bettering the Landings and securing a 
few publick Springs, would not only redound to the Credit of the Coun- 
ty, when Strangers resort hither, but would likewife be for the beneiite of 
all thofe whose businefs calls them to the Afsemblys k Generall Courts — 

Gentlemen, 

I shall at present offer nothing further to take up your 
time, seeing the advancement of your Staple Commodity, and the de* 
fence of your Country, which I have now recommended to your con- 
sideration, are two considerable points, as may justly claim a large part 
in the deliberations of a Sefsion — 

So I conclude with my earnest prayers to God, to direct you in your 
Consultations. 



To the Honourable Alexander Spotswood, her Maj'^* Lieut : Governor 
of Virginia — 

The Humble Addrefs of the House of Burgefses. 
May it please your Honour, 

We her Majestys most DutifuU and Loyall Subjects the Burgefses Addrets of the 
now Afsembled, Return to your Honour our most humble and unfeigned ."• of Burgewet 
thanks for the favour of your Speech this Session, And we pray Your oorirnorV * 
Honour to believe that nothing lefs than our Earnest desire to AddrefT speech 
her Majesty upon the Peace, with the utmost expedition could have kept 
us so long from making these Acknowledgements — The Subject, matter 
of your Speech doth plainly Discover our hearty desire in your Honour, 

22 



170 CALENDAR OF STATE PAPERS. 



17 13 for the happinefs of this Country, and that the Advancement of its 
Trade and preservation of its Peace have a great share of your Thoughts — 

This Consideration does not only Prompt, but encourage us, also to 
proceed to an Enquiry by what ways and means the value of our Staple 
Commodity now Sunk to an Intollerable Lowness may be best Raised 
and Advanced — We fear many Difficultys will occur in the prosecution 
of the work, but the sense ox our own Interest will cause us to exert 
our utmost to over-come them. And we hope they are not Insuperable — 

We shall proceed in the Consideration of the Severall Matters Re- 
commended to us by your Honour, and of all our other Affaires with 
convenient Dispatch, And hope this Session will end in an happy Con- 
currence — 



December 7th M*" Speaker & Gen^* of ye 

House of Burgefses — , 

Meuage of I herewith send you a particular Ace* of what 

?*the H^of**^** has been expended out of the sum, you appropriated last Session for ye 
Borgettei in Releif of N° Carolina, &'as ye proper vouchers that accompanv it may 
regard to the sufficiently testify yt there has been no Fraud, so I'm persuaded eacn 
relief tfforded Article will show that there has been neither Extravagance nor Negli- 
n! Carolina gcnce in ye Disbursements & I can further assure you, y* every material 
expence has been always first resolved on in Council — I have not only 
supplyed that distracted Province w^^ more cloathing than their Presd* 
asked, & furnished whatever Amunition & Stores of war he wrote for, but 
have also prefsed that Govern"** by repeated letters to give me a meeting 
at such time & place as their Pres^* should think convenient, in order to 
concert the most effectual measures for our assisting them : & even at 
last, to urge them to it, I undertook in ye depth of winter a journey to 
South Key. but it was thou|ht fitting to send to meet me then only two 
Persons, who had no other rowers, than to receive ye cloathing, and to 
hear what I had to propose, & those Deputys plainly declared, that if I 
marcht any men to their assistance, I was not to expect from their 
Country, any Provisions for them, & that tho their Afsembly by their 
address (w^^ moved you Gent* of ye House of Burgefses, to grant the 
supply last Session) had solemnly promised to provide the same, yet 
would not their Government agree to give the least security for reimburs- 
ing me, if I did find out means to furnish the Provisions — Thus have I 
been necessitated to confine my undertakings against ye Tuscoroura In- 
dians, to this side of Roanoke River, where I might have it in my power 
to subsist the men, that were commanded out — : & as I have, in this 
service, chiefly made use of the Rangers, who are paid by another fund, 
& of our Tributary Indians, who are always willing to march out for 
small Rewards, I have not expended half the sum I was entrusted with — 
But seeing that after all my zealous Endeavours & the Trouble & Ex- 
pence, I have myself for these 3 years last past been at in behalf of our 
neighbours in N** Carolina, they have continually frustrated my Designs 
& put the worst construction upon them, how honestly or affectionately 
soever I laid them for that Countrys* Service, I must now desire to sur- 
render my Trust, not doubting but the seven hundred & odd pounds w*^** 
remain, can be readily applyed for the Security & benefit of such of her 
Mat^* Sub^* as will not prove ungratefull — 



CALENDAR OF STATE PAPERS. J/i 



M' Speaker and Gentlemen of the 17 13 

House of Burgefses, 

I have now ordered the overseer of the Gov- ^e«« ^^ 
ernors' house to attend you with his Accompts, that you may thereby Metstge of the 
observe the Building has been carryed on, notwithstanding, no part of GoTcrnor in 
the nine hundred pounds you last appropriated is yet raised, for the allow- f***'^ to carry- 
ing no interest for that sum might pass for frugal management — Yet I buuaing of the 
judge it would still be ill Husbandry to suffer unfinished Works to stand Governor's 
long exposed, and an overseers' oallary to run on, while nothing was House 
doing, or at best to hire Workmen upon Credit : And therefore where- 
ever any money has been wanting I have supplyed it — 

What now remains to be finished may, in my opinion, be either let 
out, or performed by so few workmen, as the Country needs no longer 
be at the Expence of an Overseer : for I will take care of the work, if 
these Gentlemen who are entrusted with the Repairs of the Capitol, or 
some others, have the charge of the Accompts—* 

December the 8^*^ 17 13 A. SPOTS WOOD, 

To the Hon^^* Alexander Spotswood, Her Majesties' Lieutenant Cover- Dec 9th 
nor of Virginia — 

The Humble Addrefs of the House of Burgefses — May it please your 
Honour, 

When wee considered Your Mefsage sent to us the seventh of this Address of the 
instant December, Wee thought ourselves highly obliged to returne Tour H.of Burgcsset 
Honour the thanks of this House for the just care you have been pleased J^^^ 
to uke in menageing the Supplys given for the Service of North Caro- approving his 
Una, so agreeabl} to the intent for which they were designed — rh"if"f *" 

Wee are Sen cible of the Zeal Your Honour has shewed to releive i^q,*1j Carolina 
a People represented to be in the most deplorable State. And if after 
the earnest endeavours used by You to persuade them into Measures for 
their own preservation, they have been so far wanting to themselves as 
unreasonably to Slight k neglect all opportunitys offered for their Secu- 
rity, Wee humbly hope Her Majestic will be so Gratious to believe Her 
Subjects of Virginia have done their Duty in Cheerfully offering their 
Afsistance to their fFellow Subjects in Difstrefs — 

Wee are entirely well satisfied with Your Honours Conduct in the 
Dispositions you have made, & the methods Wee apprehend You have 
in view, for the Security of our fFrontiers — And if you shall Judge the 
necessarys required for Guarding the same may be better provided by 
money than the allowance made by Law to Rangers for that Service, 
Wee shall be willing Your Honour should apply so much of the money 
given for the afsistance of North Carolina not yet disposed off, as you 
shall think necefsary for that use — (no signature) 



Gent** of the Council k Dec. 13th 

H. of Burgefses, Address of th« 

Such has been y® concurrence k good Agreem' between us during of Burgesses, 
this Session, such has been your zeal to prevent Frauds k better y® Pub- proroguing 
lick Credit in time to come, Such apparently just measures have you fallen ^^t^^^Ma^*** 
into, to Revive your decayed Trade k such Testimonys have you given next 



172 CALENDAR OF STATE PAPERS. 



1 713 me of y^ Confidence you place in my Honesty & Conduct, that I am 
now come with great Satisfaction & ThankfuIInefs to conclude this Ses- 
sion, & earnestly to recommend to you all to put an helping hand to ye 
new method the Country is now entering upon — Tis ye universal Clam- 
The Tobtcco our of both ye Planters & Merch^ y* your Tobacco Trade upon ye pre- 
incereat ^^^^ f^Qj^ ^an no longer be born h you Gent° have unanimously (I think) 

declared y^ it is high time to apply some Remedy, & have most generally' 
Agreed to thefe Ways and Means, w* we have now Enacted. I there- 
fore promise myself, y^ you will all endeavour to make people in your 
respective Countys truly sensible what they gain by this new & extraor- 
dinary Law — 

Your love to your Country cannot be more conspicuously shown than 
by laying hold of occasions to relieve it in its distrefs, & those I must 
judge to have the best Title to ye Favours, I am empowered to dispencCy 
who can discern ye true Interest of their Country & will boldly k hon- 
estly labour to promote it — As for my part, I can discover nothing but 
Benefit accruing to this Country, by ye new course you are going to take 
with your Tobacco, & if it is likely y' you will reap the Advantage, I 
hope no one will Envy me the Honour of ye Project — I know the feason 
of ye Year makes you all desirous of returning home, & therefore I now 
Prorogue this Afsembly, & it stands Prorogued to the 10^^ day of May- 
next. 



Dec. i6ih on the 27*** of last moneth I rec** yours of the 16'^ and have detained 

ArepiyofGov. 7^- Messenger and Interpreters till now, in expectation of the arrival of 
Spocswood to the Indians, that he might be a Witnefs whether the measures I was to 

propofe were lyable to the heivy charge you make against me in yr : 

Letter : But being at present disappointed by thofe Indians, I will no 
longer delay anfwering yr : Letter, tho' at the ye same time, I dont think 
it worth while to justity to you by words the honesty of my intentions^ 
Defends hit when I have already by actions, given frequent Testimony s of my true 
conduct againit friendship for your rrovince — I have had the hon' to have my conduct 
atpmk)ns ^^^^ relation to you, approved by the Lords Comm" of Trade : x our Mas- 
ters the Lords Proprietors have alfso returned me very obliging thanks on 
the same occasion, and even yr : self with yr : Council & Afsembly have 
not forborne to own the obligation : Yet now, upon a bare Report (as 
you acknowledge) without examining into the truth of the Cafe : I am 
taxed as acting unjustly, and in a manner destructive to her Maj^^ Sub- 
jects : and being byased by persons who mind their own interest more 
than the safety & prosperity of her Maj'^rt Subiecis : As I know no such 
j persons nor designs. So I must tell vou, that if hereafter I shall receive 

any such Letters from you I shall think my honour so far engaged, as 

not to return an answer to any Letter w^^ conts^in such Calumnys. 

Prefers not to Neither shall I for the future be desirous of a Correspondence^ where 

*^hen^hii^* my meaning is sure to be perverted : for my last Letter concerning the 

I meaning ii Meherine Indians, I find is now construed as if I had absolutely denyed 

groiily pep> you any future afEstance from them. Whereas my words are plain, that 
Terted ^5 ^jj^y j^-g under the protection of this Government they shall obey no 

orders which have not first my licenfe and approbation. And I had good 
reason for that resolution ; seeing when I had formed an Expedition in 
person, and depended upon the afEstance of our Tributary Indians, I 
found the greatest part of the Meherines, called away into your Govern- 



CALENDAR OF STATE PAPERS. 17$ 



ment, without my knowledge, a power never aflfumed by your Govern"^* 17 13 
before, and which cannot be suffered without a Derogation to that Solemn co 1 • r 
Treaty (which has the Royal sanction) whereby they are taken under the interference 
her Maj^y* protection, as a part of her Colony of Virginia, and are not ©( N. CvoUat 
subject to divided Authoritys. It is the maintaining of this Right of her J"^ tl»c la- 
Maj^ alone, that induced me to give such orders to that nation, and not to*virglnit 
any regard to the profits of their Tribute nor the advantage of their 
Trade : for as it is well known that I have long since, remitted the former, 
in order to encourage them to send their children to the College to be The indiani 
educated in the Chriftian faith — So you may, by perusing the inclosed ^*^ **"° *"" 
order of the Queen in Council, be satisfied that if you had the whole become edu- 
body of the Tuflcs : and the Meherines too, within your Goverm* the ctied 
Inhabi^ of Virginia would have as much Liberty to trade with them there 
as any of yr : people, notwithstanding any Laws you can make to the Con- 
trary : but for my own part, as I never had any education in y® way of 
merchandize, I think it below the dignity of one of her Ma*^' Gover- Scorni descend- 
nors, to be a Trader. And therefore do neither propose any profi' to ^^f^ ^* *"" 
myself by this trade, nor need I be contriving any advantage for the trader 
Traders of Virginia, — whose Interests will be the same, to whichsoever 
of the Governments the Indians are tributary. Being desirous to deal 
openly with every one, I have sent you this copy of the Representation 
made to her Ma'^, as well in relation to y® Indian trade, as the Bounda- 
^s, w^ may give you some light into the opinion her Ma^^ hath, both of 
yr: Laws & yr : behaviour. As the enclosed proceedings of our Aflfem- 
Wy may serve to stop the mouths of thofe in yr : Govern™', who unjustly 
^perfe me, as if I had misapplyed the money given for your aflistance, 
and if thofe may 4>e of ufe to remove that misapprehension you have of 
my conduct, and to restore that good correfpondence, w^^ may be for her 
Ma*^" Service and the prosperity of both Governm*", it will be very 
acceptable to (no signature) 



Memorandum, December the 19*^ I7I3> being Saturday — Dec. 19th 

The following Deputy s arrived at W"»burgh from the Tuscorura Wmsburgh 

Viz' from Rasoocaith-thee 

Nac-co-wee-an-igh — wha, Angl : Jno : Bird, Deputatiom 
Nar-roui-ack-has— or " George " ^^ ^'^^ 

T^^T i_ 1 ® Tuictrorat 

Ny-ou-saugh-kee . 
Raii-att-att 



*^^otri Junonitz Na-kee-waugh-caun. 

f 
peace 



6«ting uien belonging to y* Scv" Towns incorporated & that desire 



Ra-roo-caith-thee 1 00 

Junonitz 40 

Kint-haigh 100 

Taw-hagh-kee 35 

Narhunta - - - - - 



I'iJ^ CALENDAR OF STATE PAPERS. 



1 7 13 An Accompt of Woollens bought by the Governor of Virginia for 

^ the use of the Province of North Carolina — Viz* 

Dec, 

Account, for Bought of Meff" Peter & Robert Poythres. 

good! for N. I Remnant of red* Duffells v* 35 J yds : \ 

CaroUnt 2 ps : blue ditto 49 " \^^l\ at 3'9, ^£23, 18, \\ 



2 ps : blue ditto 


49 


i( 




43 


C( 


14 ps : of plain, viz — 


iH 


36 




33J 


38 




32i 


37 




38* 


38 




35J 


36 




36 


35; 




351 


37i 



> 508 yds : at 2j, JC67, 14, 8, 



250 258 
I p* Striped white Duffells q* 16 blankets at lo* each 8 — — — 



<£ 99, 12, 9 J 
Bought of Coll*' Benj* Harrison 
6 p* prest plaines q' 22 25/| 145 yds : at ^\ — £16, 18,4, 

24 24 y 

25 24 j 

2 p' red half thick, q^ 62 yds : at ^\ 6, 19, 6 

2 ps : Strip'd Duffells q* 30 blanketts at 9 1-6 14, 5, - 



38, 3, 10, 



Sundry goods bought by Capt Jones as pr : ace' 58, 5, 10, 

£. 196, 2, si 



The Dimensions of y® two Wings of Bruton Parish Church, to- 
gether with ye Rates of y* Materials & Workmanship therein required — 

Dimensions 

Dimentioni &c The insidic Breadth of each Wing, or the Distance from y^ East wall 
oftheaddidoni toy® West wall, must be 22 Foot 

PwuV Chl^dT. The inside Length of each Win^, or ye dist^ from ye north 
wlmamsburgh or South Wall to ve Body of y« Chuch must be 19 F — 

The Breadth of y« East & West Windows 6 F— 

The Breadth of y® North & South Windows 7 F — 

The Breadth of ye North & South Doors 5 F — 

The Thickneff of ye Walls below ye Water Table 3 Bricks, & above 
y^ same 2 Bricks length. 

The Height of y® Walls & of ye Ceiling to be ye same with thofe of 
ye Body of y^ Church. 

The Rooff to rise in proportion to y® breadth that it spans. 

* A variety of woolen cloth, out of which blankets were made, &c. 



CALENDAR OF STATE PAPERS. 176 



Materials ^^7^3 

The Bricks are to be rated at Seventeen Shill' pr : Thousand — pncei of 

The Lime at Six pence pr : Bushel material 

The Sand at Eighteen pence pr : Load — 

The Scantlines at £4 10 p: Thousand 

The Shingles at 1 2* 6** pr : Thous. 

The whole Scaffolding Stuff, Chords & Plank at 3 Pounds. 

Workmanship 

The Laying of ye Bricks, including ye Labourers work, shall be rated Cott of labour 
at 7' 6** pr : Thousand — 

The framing, raising and covering ye Roof at 18*** 6^ p* Square — 

The framing & raising ye Floor at 10*** pr' Squaie — 

The Working & Setting ye Eves at 20*^ pr foot. 

The Rubbing, Cutting, k Setting y* Window Arches at 5*^ pr: 
Arch — 

The Rubbing k Cutting y* Foot lefTes at one penny pr; foot — 

The Rubbing y* Returns at 2*^ pr : hundred — 

The framing & Setting y® Window & Door Cases at lo*** each — • 



1714 



Know all men by These presents That wee William Cole and John March 3d 

StithGent: are holden and firmly bound unto The Hon^** Alexander q|,„. cjj- co 
Spotswood Esq' her Majesties Lieut : Govern' and Comande in Cheife of 
this Colony and Dominion of Virg^ &c, or his Succefsors in the Sume ^°^„j of wr- 
one hundred pounds. Sterling muney of Great Brittain, unto which pay- sons undertak- 
ment, well k truly to be made. Wee bind our Selves our heires Execu- ing to erect 
tors and adminiftrators Joyntly and Severally fermlv by Thefe presents, f b7cc*oTiider°' 
as WittnefTour hands and Seales this third day of March 1713 '14. the late act for 

The Condition of this Obligation is Such that Whereas purfuant to prerenting 
an Act of AfTembly made at her Majesties Royall Capitol the last Seffion .^"^» *^» *JJ* 
of AfTembly Intituted an Act for preventing of Frauds in Tobacco pay- lup[e'hereof 
ments and for the better Improving the Staple of Tobacco, The Severall 
ComiiEon^' and Justices Comifionated by the Governor, and appointed ' 
by the Court for Letting and appoynting the Same, have appointed Two 
Store houfes to be built at Jenkins — his Landing near Swinyards, togeth- swinyardi 
er with a good wharfe at the Landing — One Store houfe to be Twenty 
foot Wide and forty foot Long, the other to be Twenty foot wide k fifty Dimensions of 
foot long, both well framed on Cills and double Covered with Clabords, the homes and 
or well Shingled— the shingles all nailed on w*»» good nailes &c— And the ^*J""^ ^^ **' 
first houfe mentioned to be fitted with good Conveniencys for prefEng 
Tobacco, and Cafes or boxes made with plank Clofe AcrofTeach end of 
the houfe to Secure all parcells of Tobacco brought to be viewed by the 
Agent &c, and the other houfe to be lade with good Substantial Sleepers 
to keep the Tobacco brought there, secure from ye Ground &c and to 
have soe many good dores as shall be Thought necefTary by the Agent to 
Receive in & Deliver out all Tobaccoes Required by any perfon or per- 
sons from or by the Agent apoynted for that place : Now if the said 
William Cole or John Stith doe before the Tenth day of november next, 
fiuild and Erect Compleat and finish the aforesaid Storehoufes according 
to the Directions and Dimentions above said and make the Same secure 
every way for the well Keeping and Securing of all Tobacco, both in 



176 



CALENDAR OF STATE PAPERS. 



1714 



hogds : and parcills, and doe the Same, well and workmanlike, with a 
good wharfe at ye Same Landing, that boats may come to the Same, and 
take in Tobacco at any Reafonable Tide, and in all things doe and com- 
ply with the Same, According to ye True intent and meaning hereof, 
then this obligacon to be void, otherwife to Stand and Remain in full 
force and Virtue. 



Signed, Sealed and delivered 
In prefence of us 

JOHN EPES 
LEW: EPES 



WM COLE 
JNO: STITH 



March asth Bond of Tho* Godwin J" & Edmund Godwin — whereby they enter 

Ntniemond Co ^^^^ Contract to erect Store houfes for Tobacco at that place under the 
late Act of Aflembly &c — also for Store houfes at ^^ Nanfemond 
HwLrilndil"* '^^^^ " *"^ ^"^ ^' ^oTtis Landing on the Southern Branch- 



Port of 
Accomack 



Lists of Ships and Veflels, (with their Cargoes) entered from Sept ; 
29*^ 17 13 to March 25'^ 17 14 inclusive — 



April 1st In Obedience to y^ Gov* Procla" Bearing Date y® i*' of Ap^ for En- 

MubcrryliUnd forcing y® Act of Assembly Entitled Reig" to be kept by the Minister, 
Pariih — or Reader, and for the more reg' Transmitting Acc*^ of all the Beirthes, 
Cristenings And Burills, I doe hearby make return of all y® births and 
Burialls y* heath Come in y® Reig"^ Book from y* firft of Ap^^ 17^3 to 
y* i"of Ap" 1 7 14. 



Warwick Co 



Return of 
Births, Deaths 
&€, for one year 



Cn8t*d Males 


CristM Females 


Negro Slaves 
Males & Molatoes 


Negro Slaves 
(females & Molatoes 


Birthes 
17 


Birthes 
IS 


Birthes 
6 


Birthes 

s 


Burrialls 
2 


Burialls 
4 


Burialls 

I 


Burialls 

I 



pr: me 



GEO: BLANEY Clk— 



April 17th 
Norfolk Co 



Petition of William Row, thrugh Saml : Selden, for Patent for certain 
kinds, to which he claiins he is lawfully entitled &c. 



April 20th Petition of George Major for Patent for Certain lands in said County^ 

King & Queen Said to have ** lapsed " from John Morgan &c &c — 

County 



Sept. 24th 
Accomack 



Petition of William Benfton Jn' for Warrant of Inquiry as to whether 
the lands of Bartholomew Asgood, do Escheate to the Crown, or not ; 
he having died without heir, and not having made disposition thereof ftc — 



CALENDAR OF STATE PAPERS. 177 



Phil : Lightfoot petitions for Patent for certain lands &c &c 1714 

Oct, 

John Drewrey Jn' prays for a Caveat, against one W°* Row, of the Vork Co 
Co : of York for including part of the petitioners' land by a recent sur- Parish of 
vcy &c ^^"1" 



Petition of Ric*^ Cocke Jn' for 2497 acres of land " in ye forks of Henrico Co 
Beverdam Creek on y® North Side James River, in Henrico County 
&c &c 



To the Hon^^® Alexander Spots wood his Majesty s' Lieut Governor of Dec. 17th 
Virginia — 

The humble Address of the Council & Burgefses of the present Gen^^ 
Afsembly — 

May it pleafe Your Hon' 

Xhe Experience we have of your great Care Vigilance, prudence and Council and H. 
good conduct in manageing your Trust in this Government, to the best 2!Hd"^*"***K 
advantage for his Majestys' Service, and the Publick Good, encourages oovernoHn * 
us with more than ordinary confidence to have Recourfe to you on all regird to the 

OCCaflonS of difficulty. deficiency in 

Of thefe there is one at present most sensibly felt, and if not timely * * '«^*»"« 
provided for may expofe this Government to the utmoft danger & Con- 
tempt. It is the deficiency of the Sole Fund allotted for the establifhed 
Sallarys & all the other, both ordinary & extraordinary Charges of Go- 
vernment — Sir, upon a dilligent search of Precedents here the like defi* 
ciencys were formerly made good. We find it has always been out of the 
Fund of the Quitt rents ; which ufed to be received in this Countrey, 
ready upon all such occafions & proved exceeding Serviceable in cafes of 
Sudden emergency, to the Crown and this Government, 'till about nine 
year ago, they were called in to the Exchequer in England, where as 
they are not so ready to answer any Sudden neceffity of this Govern- 
ment, So there is no obtaining them but by repeated applications to the 
Throne w^^ cannot be made without great Charge and Difficulty — The 
Council and BurgefTes have thought it their duty and absolutely necefTary 
to addrefs his Majesty on this occafion: and to make a true Representa- 
tion of this af!air. This AddreiT, they humbly request Y' Hon' to 
transmitt, and to favour with your own recommendation, which they 
doubt not will have great Weight and will increafe the obligations of 
Gratitude due from the Colony & the Council & BurgefTes — who are 

S' Your most humble & obedient Servants — 

In which is enclosed this petition to the King, viz — 

We your Majtys most Loyal & dutiful Subjects the Council & Bur- Rev: of 1 shii- 
gefies of Virginia, now mett in Genl: Afsembly humbly beg leave to |i"P P*' ^^^ 
represent to four Majesty- f/^tr/for 

That your Majestys' Revenue of 2s. p: hhd on all Tobacco exported support of the 
out of this Colony & Tunnage and head money, w^** is the only Revenue Govemmeat 
appropriated for the support of this Government, by the great decay of 
23 



178 



CALENDAR OF STATE PAPERS. 



1714 



How deiicien 
ciei were for- 



the Tobacco Trade, occafioning a proportionable Decreafe of the Ex- 
ports, is so Sunk that it is no longer able to defray the established Salla- 
rys and other, both ordinary and Extraordinary Charges of the Govern- 
ment: but is now very considerably in debt, and the officers Sallarys un- 
paid. That upon a diligent search of Precedent, how the like deficien- 
cys have been made good in former times. We find that by a Letter of 
his Majesty K. Charles y® 2***^ dated in the year 1684 A; directed to the 
Lord Effingham, then Governor of Virginia, his Ma*^ is graciously 
mer y provi e pjg^fgj ^^ Royal intentions to apply all prontes and advantages accruing 
by the Revenue of Quitt rents of this Colony for the better support of 
the Government thereof, and that accordingly the deficiencys of the 2S. 
pr: hhd: have been always supplyed by Your Maj^^' Predeceflbrs out of the 
s* Fund of the Q' rents, w*^^ for that purpose was reserved in this Coun- 
try ready for all Emergencys of this Government, 'till about nine year 
ago, that the same was called into the Exchequer in England. 
Beg that Quit We humbly pray your Majesty will therefore be graciously pleased to 
rents be used ai direct the Q^ rents of this Country back into their old Channells, and 
ormer y ^j^^^ ^^^ ^f them the present Deficiency of the Revenue may be made 

good, with power also to your Majtys' Governor, with advice & consent 
of the Council to apply the same for answering any sudden Emergencys, 
where Your Majestys service might suffer for wairt of a more timely 
supply, thair application at so great distance will admitt: subject never- 
theleff to be duly accounted for as formerly to yr: Majesty. 

And we shal ever pray — 



King Wm 
County 



Petition of W™ Douglas for Patent for two hundred acres of land, of 
which he and his father together had been in possession for fifty years, 
which with other land had escheated to the Crown, " by reafon that noe 
pattent can be found for the same " ftc &c — 



Surry County Petition of John Allen for Right to Land, founded upon the Claims 
of his father, who had in 1683, iipported into the Colony forty persons, 
*' Several of whom are still alive and are ready to testify their being im- 
ported as his Servants " &c 



1715 

March 2d 

Letter on In- 
dian aflain 



To Coll: Hunter, (from Gov: Spotswood) 

S' This Gent: M' Robert Carr, designing for your parts, I lay hold 
of ye opportunity to renew to you, aflurances of my hearty Respects & 
also to do justice to the Bearer, by telling you that I judge him to be a 
Person deserving yr: favour & Counteneance — &c — 



It appears by the testimony of two of our Traders, who were among 

the Catawba Indians at ye breaking out of this war, that neither that 

Nation nor ye others in their neighborhood had any intention to quarrell 

with y° English ; but on ye contrary were preparing to affist ye people 

of South Carolina againft the Yamasees, 'till they receiv'd advice (whe- 

Rewoni why ther true or false is yet uncertain) that some of their people going to 

the Catawba Charlestown with skins were cutt off by the English, and upon that re- 

hottiie* ^*"* P^*^' ^^^y> according to their natural principles of revenge, murdered all 

ye Carolina Traders in their towns: they saved these two Virginians, and 



CALENDAR OF STATE PAPERS. 179 



in July sent them in hither with ye King of the Saraws to beg a Peace 1715 
of this Government, and to testify their willingness to renew a friendship 
with Carolina. This I thought was by no means to be slighted, and 
therefore gave them hopes of succeeding, provided they would imme- 
diately cease all hostilitys against Carolina, and send in, some of the 
Cheif men of each of their Towns to treat with me. In October 
severall of the great men of that nation returned, but the account I re- General dUpo- 
ceived about the same time, of your Indians designing to march against •*^®° ^® "*{^* 
those very Indians, made me avoid, entring into any other terms with ^Vy ^ob« 
them, than barely to keep them in hopes, left while we were treating ol>serred 
here, the Senecas might give some blow to their own towns, which 
would have given them but a bad impression of our publick faith, k in- 
stead of making them our friends, would undoubtedly have occasioned 
their becoming irreconcilable Enemys — About the middle of this month, 
another Deputation from them arrived here, upon ye same Errand of 
SoUiciting a Peace They promise in behalf of Fourteen Towns (being Propuutions to 
all that ly between us and South Carolina) in a short time to bring in <*«lj^« children 
Two Children of the Great men of each Town to remain here as hos- ** **^8«« 
tages for the performance of whatever Treaty shall be made with them. 
And that these Children shall be instructed in y* Christian Religion at To be educated 
ye School lately erected among our own Tributary s: After all thefe *"^^*^''"*^*'* 
steps made on their part, and the assurances I have that they have acted '^ ^^^^ 
nothing agt: S^ Carolina since their first application hither, I cannot 
doubt but that they are seriously inclined to Peace, — and that when thofe 
Hostages are once delivered, there will be little reason to apprehend any 
future Rupture. By this means also a foundation will be laid, of con- 
verting those Indians: which is a matter of such consequence, that I am 
persuaded you will rather incline to establish a peace on such Conditions, Importance of 
than by encouraging yr: Indians to cutt them off : but neverthelelT, I n^aintaimng a 
would not be understood so as that I depended entirely on Indian pro- ^^^^^ ^^ ^^^ 
mifes, & look'd upon this as a Work already done : All I defire is, that 
seeing there is a prospect of making a Peace upon such good Terms, 
any Expedition your Indians intend against these, may be suspended for 
some time, 'till it can be known whether their profeiEons are sincere, 
and I shall be sure to inform you, if I find they are no longer to be re- 
lyed on. Tho I have no reason of late to complain of ye behaviour of 
the Senecas, yet as they frequently paflT along our Frontiers, I cannot 
but be apprehensive of their giving disturbance to our Indians; especially 
to the Saponis, a nation of all our Tributarys, the best disposed to the The SaponU 
English, and which I am the more concerned to protect, in regard of ^***/*"p°**^ 
their readinefs to let their Children be bred up Christians, and.'that in Ina ,^nd"fheir' 
order thereto, there are now 100 of them at a school, I have lately set children to a 
up at their Town: but as there has been for a long time an Enmity be- *chooi Utdy 
tween them k ye Senecas, I should be glad if by your good offices they ^^^^^ 
might be now reconciled, for which purpose, I desire you would be 
pleased to let the Senecas know, that if they will send some of their 
Great men hither, they shall be kindly received. * * * • 
We have now settled our Indian Trade in a Company, and upon such 
an equitable footing, that we are in no apprehension of any disturbance 
from our neighboring Indians, since ye only provocation of imposing 
upon them in their commerce is removed. And it would be no small 
satisfaction to the Company to prosecute their Trade, without being dis- 



182 CALENDAR OF STATE PAPERS. 



1 7 15 & that those persons had carried Twenty horses and Thirty Indians 
Loaded with Skins to Virginia, which Skins wee have good reafon to be* 
leive Belonged to one Titmarsh, an Indian Trader who was Amongst the 
Cuttabaws, when this warr broke out & now Supposed to be Killed — 

Your Excellencvs' Humble Serv^ — 

ROfiT DANIELL 
SAM EVELEIGH 
NICHOLAS TROTT 
CHA: HART— 



The Southern Indian Nations, the Enves, Saras, and Catawbas having 
July 19th signified their desire to treat for peace with S° Carolina, and with Vir- 
Wmiburgh gi^^J^? ^^^ '^ send their Cheif men to confer with Gov: Spotswood, on 
these subjects, the following Order, or Pafsport was isfued by the Gov- 
ernor of Virginia — vizt 
Paitport to the These are therefore to Signify and Declare to all the Towns of the 
Soothern In- sd: nations of Cuttabaws, Cherokees and all other Indians as well thofe 
to*VirRiiiia°to ^^ ^ctual war with South Carolina (excepting the Temafsas k Corvetons) 
treat for peace as the Saraws who have hitherto preserved an exact neutrality, that I do 
and commerce hereby give free liberty to their Cheif men, not exceeding the number of 
40 in all, to come into this Government to treat of a peace with this 
Government, and also of reasonable terms for accommodating the differ- 
ences between them and the Government of S® Carolina — Provided 
always that such Indians do immediately upon receipt hereof ceafe all 
hostility s ag*^ the people of S^ Carolina and all other subjects of his 
Maty: of Great Brittain, and that as an earnest of their intentions to 
Continue in friendship with the English, they bring with them & deliver 
to me, all Captives taken in this war, from the Govern™^ of S^ Carolina, 
which they shal have amongst them ; and more particularly that they 
deliver up to me Pompey an Appalatchee Indian Slave, and Pope a negro 
slave, belonging to S^ Carolina, who I understand have been very active 
in doing mischief, to the English — I do exprefsly forbid the Indians who 
come to treat of this Peace, to bring with them for trade or otherwise, 
above six skins each man, w^^ they may difpose of for supplying them- 
selves with necefsary provifions for their Journey j and that they come 
directly to Christanna, and there leave their arms, and from thence pro- 
ceed to W"**burg, with the Convoy which I shall appoint for them — And 
I do hereby engage the faith of this Government that all said Indians 
sent to treat of this Peace shal be safe in their persons, during their abode 
in this Government, and shall have free Liberty to depart k return home, 
whether the Terms of Peace & Commerce be agreed upon or not — Given 
under my hand & the Seal of the Colony at Williamsburgh this 19^ day 
of July 1715. 

(No Signature &; no Seal.) 



July lilt * Charter Party made between Gov: Spotswood for the Gov; of S. 

Curiouf Carolina and Wm. Dandridge, for his vefsel to transport twenty men. 

Charter Party exclusive of the " mariners " to " Charlestown S* Carolina," and to be 

for Tetiel to p^dA twenty shilling pr: head for the said men as soon a? landed at said 

carry men to \_ z. _____^__-_^_^_^__« 

S. Carolina « 3^^ ^^^ impreiiion of pfivate Seal in wax. 



CALENDAR OF STATE PAPERS. 18S 



place — And to bring back as manv slaves as she can reasonably carry, 1715 
should the Governor and Council of S^ Carolina, as by Treaty agreed, 
desire to send any such to Virginia — The vessel to be releived from all 
Dutys & fees for Entering & clearing in S^ Carolina for this special 
voyigc— WM DANDRIDGE— 

To the Hon**'® Alexander Spotswood his Ma**** Lieut: Governor and 
Commander in Cheif of Virginia in Council — 

The humble Petition of the Inhabitants of the Port and Town of Hampton 

Hampton, 
Sheweth, 

That above two years since, one George Walker obtained a Pattent Pediion of the 
for one Thousand Square feet of Ground fronting the street called Kings citizem for a 

i_' T^ / • \ 1 • • 1 r 11T 1 r • Patent for land 

street in this Town (to wit) beginning twelve feet Westerly from tne o^ ^hich to 
East side of the said street, and so South ten degrees East into the River, erect a Wharfc 
one hundred feet in length and for breadth of the Wharfe ten feet West- 
erly which said Wharfe he hath but very lately built on the said Granted 
premises — 

That the said George Walker obtained such Patent by the Subscrip- 
tions and Intercefsions of the Inhabitants of this Town, he afsureing 
them, that what goods, merchandizes, or provisions should be unladen or 
brought on shore for their use should be free from all charge, which is 
expressly provided for in his said Patent, but in words, so Ambiguous, 
That he pretends to demand Wharfage of the Inhabitants for all things 
unladen at his said wharfe, that are not immediately made use of in their 
Familys, which your Petitioners think a very great hardship, as well as a 
Discouragement to Trade and Commerce — That at the end of the said 
street there ly's a convenient place, containing Two Thousand five Hun- 
dred and twenty square feet (to wit) beginning twenty-two feet Westerly 
from the East side of the said street, runing into the said River one Hun- 
dred and forty feet. South ten degrees Easterly, and Eighteen feet in 
Width Westerly, on which your Petitioners are willing and desirous to 
Erect a Wharfe, for the use and benefit of their Familys, and the En- 
couragement of all persons trading here, if a Patent might be obtained 
by the Trustees or FeofFees of this Port and Town for the uses afore- 
said — 

Your Petitioners, Therefore humbly intreat your Hon^ That a Patent 
may be granted them for the Uses aforesaid, and the rather for that the 
Ground or Beach for which a Patent is desired, is part of the Common 
Key or landing place formerly laid out for this Port and Town« and the 
only part on that side Unusurped. 

And Your Petitioners as in Duty bound shall ever pray — 

John King J. Roscow 

Jo: JuviN Albxr: McKenzie 

Joseph Curlb John Wallis, Sn^ 

Saml: Swbny Jno: Wallis, Jnr 

Joseph Banister Christian MacKeny 

Joseph Selden William Lattimer 

John Selden John Henry Rambough 

W. Roscow William 

Wm: Loyall Abraham Mitchell 

RicHD: Adams and others 



184 



CALENDAR OF STATE PAPERS. 



1715 

Petition of the 
master of ship 
Mermaid to 
clear for certain 
good reasons 



Legislation in 
regard to pitch 
and ur 



Bounty, the 
chief profit 



To the Hon**^® Alexander Spotswood &c &c — 

Enoch Robertfon, Master of the Ship Mermaid, of Liverpool — 

Humbly Sheweth, 

That his said Ship is now laden with Pitch and Tarr, bound for Liver- 
pool, and should have been ready to clear before the embargo, had he not 
had the misfortune to run aground in his passage from Nansemond River 
where he laded — That since laing the said Ship, he is advised, that an 
Act of Parliament is lately pafsd: in Great Ikittain, whereby no Bounty 
money is to be allowed for Pitch & Tarr after the 29*^ of Septem^', Ex- 
cept such as shal be packt up in barrells of 31^ Gallons neat & fitt for 
Cordage — That y°' Pet' has been obliged to take on board the greater 
part of his Lading in barrells of a lefs Gage, it being very unusual to 
purchase such as are of the Contents aforesaid. That if yo' Peti' shal 
stay for the departure of the Convoy he may in all probability lofe the 
advantage of the Bounty money w*^^ is the greatest encouragement the mer- 
chants have to purchase that Commodity, and if lost, will be the ruin of 
his voyage — That besides, yr: Pet" Ship is unsheathed, and having layn 
already a long time in the Country is become Leaky by means of the 
Worme, and is daily like to be in more danger thereby &c &c 

Wherefore yr: pet' prays Leave to clear his 
ship and proceed on his voyage, without waiting 
for the Convoy &c 



Henrico Co Thomas Jones* Petitioner, to take up Five Thousand acres of land in 

Fighting Creek Henrico County — within the following bounds viz — Beginning at the 
mouth of Fighting Creek on the North Side of Appomattock River, 
down the said River to Jeneto Creek, taking in the said Creek, running 
Northly to John Prides, Halcot Prides & John Towns' Lines, takeing in 
the heads of fiutterwoods and Swifts Creeks to a place knowne by the 
name of Tabers Path, running Westerly along the said Path to the Head 
of Fighting Creek, and down the said Creek to the place begun, inclu- 
ding all the Kings Land within thofe Bounds — 



Pamunky 
Town 



Petition of 
Ann, Queen of 
the Pamunkys, 
for redress and 
protection 
against tres- 
passes upon the 
territory of her 
nation 



To the Hon**^* Alexander Spotswood his Maj***' Lieut. Governor of Vir- 
ginia, Ac — 

Ann the Queen of Pamunky 

In behalfe of herselfe 
& her nation of Pa- 
munky Indians 
Humbly* Sheweth, 

That whereas prr: the Consent of the Government wee sold unto M^ 
Bob^ Napier fifty acres of Land, who transiFered the same unto M' J no 
PettifFer, he unto M' Hugh Owen, who pr: the pretence of that, did ob- 
tain a Pattern for Three hundred and ten acres (as they say) & wee like- 
wife did sell and aflent that a Pattent might Iflue unto Philip Southerland 
& George Southerland for three hundred acres, both which are in the 
bounds of our Indian Town, how fo it is may it pleafe yo^ Hon^ that 
when they obtained a pattent (or Surveyed the fame in order for a pat- 
tent) Wee had no notice of the Survey, or laying of it out, and fince 



CALENDAR OF STATE PAPERS. 



18S 



when other people pofFefEon their bound (as wee are informed is custo- 
mary once in four years) yo' Petition" never had no notice of the same, 
or ever was warned to any pofsefEoning — 

And they as well as several! others, takeing the advantage of our Ig- 
norance, doe every year clear, build k occupy our Land w^^ is beyond 
their bounds, that wee fold them, or that they have pattents for as wee 
conceive — Therefore wee humbly pray that yo' Hono" would not grant 
any pattents for any more Land thats adjoynmg to our town (as wee are 
Informed Petitions^for some are now being before you) and that you 
would protect in our Rights, having no one els to apply our selfs unto 
for Justice, and wee being a fmall poor nation are willing, if it suits with 
yo' Hon'* Leave & permiflion to Lett them the land for yearly rent, and 
not otherwife. Wee wholly leave our felfs to yo' Hon*** Justice, Coun- 
cil k favour, which was always found to be Hon^^*' & Just, & wee as in 
Duty bound shall for ever pray fFor yo' Hon" Health and Continuance 
&c— 



^7^S 



Publick Store Houses & wharf for Tobacco built at Bates' Landing Public Score- 
York County — One at Western Branch of Nansemund River — One at *'*'?^ *"**, 
Christophers* Point, same County — Two, at Queens' Creek Landing, ^"™ ^^^ 
York C*»— Two, at Buckners' Landing York C*» and Two, at W« Roes' 
Landing York C^ &c— 

• List of Rebel Prifoners Imported by Capt: Edw* TrafFord, in the 1716 
Elizabeth & Anne, from Liverpole- ^^^ ^^ 



The following 29 are under Indentures — 



John Macintosh 
Jno: Mackintosh 
James Macintosh 
Duncan Clark 
Owen McPherfon 
Donald Shaw 
Angus Shaw 
Rob^ Bruce 
John Dunbar 
Ro*" Smith 



Tho* Foster 
Christ' Carus 
James Blackwood 
Rob^ Stewart 
Rob' Stewart 
Will" Turner 
James Nisbet 
Fergus Graham 
James Mackintosh 
Frances Hume 



The Following Eighty Three 



Jno: Wite 
Will" Mackilway 
Alex: Mackenzie 
Will" Donaldfon 
Frances Betty 
Frederick Abbot 
AJ^x"" Bruce 
Rcbb^ Capland 
Jnto: Peter 



Alex' Wite 
Owen Davidfon 
Malcom Macknaugh 

tan 
James Robertfon 
David Mitchel 
Silvester Prophet 
Jno: Glendening 
Oeo: Marjoribanks 



George Dickenibn 
Arch^ Menzies 
Danl: Thompfon 
Jno: Robertfon 
Jno: Stewart 
Malcom Stewart 
n** Stewart 
n® Stewart 
n** Kennedy — 

NOT Indented 

Tho* Allen 
Alex' Watt 
- James Wood 
Will" Martin 
Donald Mackgilsoray 
Dan^ Macquin 
Will" Wright 
Jno: Pitello 
Patrick Ferguson 



WnMbargk 

Lilt of rebel 
priaonen- 
landed at 
Yorktown ua- 
der Indentures 



Thoie not un- 
der Indentures 



^ These prisoners were probably some of the followers of the Pretender captured at Preston, 
and conde lined to be transported to the Colony in Virginia, after having been carried to Lon- 
don for trial. 

24 






186 



CALENDAR OF STATE PAPERS. 



1716 



N 



March id 
Wmsburgh 



no: Jhonfton 
ames Malcum 

William Stroak 

Jno: Michy 

Lawrence Ferguson 

Jno: Donaldson 

W°^ Noble 

Rob^ Grant 

Rob' Anderfon 

Rob* Duncan 

James Ray 

Rob* Robertson 

Jno: Mundell 

Hugh Cane 

Charles Henderfon 

Alexander Stewart 

Donald Stewart 

Alex*" Stewart 

James Stewart 



Jno: Harris 
Adam Chisholm 
W-^ Finlay 
James Paterson 
David Arnot 
James Peter 
Jno: Ogilvy 
James Watson 
Alex' Kid 
James Lindsey 
James Johnson 
Jno Shaw 
Jno: Abercromby 
Rob* Stewart 
Pat Stewart 
Jno: Stewart 
Will°* Cruster 
Jno: Rutherford 
James Watson 
Will™ Maxwell 



Jno: Finny 
Alex' Ferguson 

ames Ferguson 

ames McKimosb 
Will*" Mackruther 
David Mackintosh^ 
Alex' Kerr 
Rob* Menzies 

ames Urqhuart 

o: Brown 
Geo: Lowder 
James Murray 
W°> Lyon 
Jno: Burns 
Alex' Carr 
Jno: Mackintosh 
Will"* Dun 
Rob* Carr — 



Virginia — 

By his Majestys' Lieutenant Governor & Commander in Cheifof this- 
Dominion — 

These are to certify that the above Lift of one hundred & Twelve 
Rebel Prisoners, Imported into this Colony in the Ship Elizabeth & 
Anne, of Liverpool, Edward TrafFord Mafter, was taken (by my order) 
upon the arrival of the faid Ship in York River by the officer of the- 
Cuftoms there, and contains the Names of all the Prifoners Imported in 
the s** ship & that besides the said one hundred & twelve persons, the 
Mafter did Report that one other Prisoner by name Duncan Mackfale 
died at sea, which upon Examination of the other Prisoners appeared to 
be true — 

Given under my hand at Williamsburgh this 14*^ day of January 
1716— 



Notice addrefled to Major John Boulding, to the effect, that Those 
persons interested in the Indian Trade, but not included in the Act of 
Aifembly, creating the Indian Company, will be heard before the Coun* 
cil, as to what they may have to urge against that Law: and desireing 
him to send in to Coll: Harrifon at once, the names of each Counsel as 
shall appear in their behalf &c 



June 15th 
Wmsburgh 

Certain initruc' 
tions CO Capt. 
Harry Bevedy 
in regard to a 
certain tui- 
pecied Josiah 
Forbes of 
Philadelphia 



Additional Instructions to Capt: Harry Beverley, Com^' of the Sloop. 
Virgin of Virginia — 

(Copy) 

If you shall happen in yr: Cruise to meet w*^ any Comm^ from ye 
Crown of spain appointed for examining into y* afFair of y* Wrecks oi^ 
y* Coast of Florida, you are to acq' them y^ one Josiah Forbes, Master 
of a sloop belonging to Philadelphia having come into this Colony & be- 
ing suspected of taking away by force plate & other goods from y* Spaiv- 



CALENDAR OF STATE PAPERS. 187 



iards on that Coast, is under Confinement here untill he fhall give bail 1716 
to answer w' ihall be laid to his charge on that account, and to make re- 
paration for all damages the Spania-ds have suffered by his means, hoping 
that this Justice to their Nation will incline them to treat you with^ the 
more favour — 

Given under my hand at W^'burgh this 15*^ day of June 17 16 

(no signature) 



Daniel Bloiiett, a French settler, prays for redress against one Dupins, August 14th 
-who had unlawfully surveyed and seized upon a tract of 133 acres of w«>«*>o'«l» 
land at Manicantown belonging to the said Bloiiett: being the amount of ^"<* allowed 
land that had been allowed to each family of French Refugees by the J^t*jeJ^"t*^ 

<5overnment — Manican Town 



Deposition of James Urquhart, one of the prisoners brought to Vir- Nov. 2d 
ginia in the ship Elizabeth & Anne from Liverpool : giving account of p^ .^.^^ - 
the means by which a number of fellow prisoners were allowed, by the jamct Urqo- 
Master of the vefTcl, to escape at the Cove of Cork and elsewhere — Hart 
That he himself had bargained for his liberty by agreeing to give the 
oiEcers of the ship a certain sum of money in guineas, a watch and a 
^^ stone-ring " but being in Irons, the Captain was afraid the noise inci* 
dent to striking them uiF, might excite suspicion on the part of the other 
officers &c &c 

This is sworn to before 
Nash: Harrison k Ed: 
Berkley 



Deposition of Thomas Forster, giving same account as the above: Nor. 
also of W"* Lyon to the same effect &c &c — 



•• 



Unto his Excellencie Coll Spotiswood Governour of Virginia— 

The humble representation of the Gentlemen, and others. Prisoners 
transported aboard the Elizabeth & Ann of Liverpoole from Brittain to 
York in Virginia — 

Whereas, purfuant to the orders of the Government wee are brought 
to this place, which as is humblie conceited is all that in Law wee are 
obleidged to perform — Notwithstanding to our great surprife wee were 
not only before our comeing off from Liverpoole, but ever Since our ar- 
rivall in this Country, are menaced and threatened to be bound in a fer- 
vitude of a certain number of years, yea and a good many of us already 
actuallie dispofed oiF. And all this to make up a Summ of money for 
S' Thomas Johnston, Parliament man for Liverpool (who pretends a 
right to us) and some other Merch" concerned with him in this mat- 
ter — 

Wherefore wee are obleidged to apply ourfelves in all submffivenes to **«/'»t»on ©^ i^e 
your Excellencie for Justice, seeing wee humblie imagine that upon our J*"'®"*" __ . 

1 . j^L'i 1®- p % r> ^ .-. landed at York 

being transported to this place, the intent of the Goverment to be ful- from the ihip 
filled, and no more lyable to any furder punifliment, since by the known BHzabecb and 
laws of Brittain, not only in the reign of the late King Charles, but ^ "^jiJ'^V^**"" 
more particularlie extended, ratified and aproven in the eight year of the wUhouccausT 



188 CALENDAR OF STATE PAPERS. 



1 716 iate King William, that even in cafes of treafon and Rebellion, no man can 
be transported out of the Kingdome, unles he be first Judiciallie convict 
ofythe crime, and likewife give his free confent to the transportation in 
open Court. Fare leflf can any British Subject, without consenting 
thereto, be sold or obleidged to ferve for any space of years unles the 
former Laws were either altogether abrogate or the effect of them sus- 
pended for a certain time — neither of which as wee conceive can here be 
pretended — Wee are all of us now taken from aboard the Ship, and the 
remaining part of us imprifoned in York town (where our entertainment 
is but verry ordinary) except seven or eight of our number, who each of 
them payed the Mafter of the ship, five guineas for their pafsage, who are 
still detained aboard, upon what designe wee conceive not, only two of 
that number excepted, John Stewart and William Maxwell, who upon 
Sunday laft were carried from aboard, and taken up the river upon what 
defigne wee know not. 

It is therefore hoped your Excellencie will 
consider our prefent circumstances and ^ve 
fuch orders for our liberation as in Justice 
you shall see fitt, or be pleafed to call one 
or two of our number before you and hear 
us upon the subject — 



Letter, sup- The argum^ that I shall make ufe of, if ever I have any trvall will 

poied ?J ^ be that all the advantage we expected from wrecks, was to find dome on 
Bevcriy^m* re- ^^^ Bahamas in the King of Englands' Dom°, where we had the news in 
gard to hb Virginia, of wrecked goods .being found — And that the Arms were put 
imnion to the ^^ board to Secure us from Pyrates, who were likely to spoyl y* Virginia 
4he*IioopvlMin ^'^ trade, and would equally be dangerous to the Spanish Merc* Ships — 
And what I guess y^ Covetous Don expects to Shelter himself under 1$, 
what Ser^^ and Indian Slaves I had on board for the sake of their free- 
dom, have told them — that I was bound to fDorida to join y* Jamaica 
men, w^ was never my Intent & wholly Contrary to my Instructions as 
Taken for t my approach being * * * in y® main Ocean nearest Bermudas of 
Pirate ^ny land — they fired three Shott at us, y® Englifh Enfigns being spread 

on board us, before they Comanded us on board them, w^'^ came very 
near, but did us no harm: w^^ together w'^ their other injuriys, how fiu* 
it may make them guilty of Piracy, I submit to your Hono'' Judgem^ — 
The Cheif Comander is a frenchman born, has a wife and fiimily m Ma- 
drid and Intends to go home from La Vera Crux. — being forced to write 
in hast, and in a crowd of Mulattas, hope yo' goodness will pardon the 
Scribble and rudenefs of these from 

Yo' Hon^" ever mofl obedient Ser^ &c 

Antidote for AH that I Can be certain of gaining by y* voyage, is a Certain Anti- 
Popery dote ag** Popery. We have ridiculous prayers to 8* Ignatius, and y* rest 
of their S** twice a day, and a General Swearing, lying, Curfing, Stealing, 
Cheating and all manner almost of vice all y* refl of y* day & night — 



CALENDAR OF STATE PAPERS. 189 



Alexander Spotswood, His Majestys' Lt: Governor &c &c ^1^7 

To Captain Robert Hix — June 7th 

Whereas you have intimated to me that divers of the Senequa Indians Wmsbnrg 
now at the Tufcarora Towns have signified their desire to be admitted ^y^^ scncci 
into the friendship of this Government and to treat of a Peace & good and Tuscaron 
Correspondence with the Inhabitants of the same, and the Indians Tri- Indians solicit- 
butary thereto, I being desirous to secure the Frontiers of this Colony *** .*° ^®"* '" 
from any disturbances or alarms which may be occasioned by such of the peace 
Senequa Indians as usually pafs to & fro on y^ sd: frontiers, have thought 
fitt to empower and require you with all Convenient Speed to repair to the 
Tufcaroro Towns, and there to ufe yo' best endeavours to persuade the 
Senequa Indians there, to come in to Williamsbur^h in Order to treat of 
renewing a good Correspondence between this Government and their 
nation : Afsuring them of the safe Conduct of this Govern"* for their 
coming & returning And you arc also to ufe yo' endeavours to 

persuade some of the Cheif men of the Tufcarouro nation to come in at 
the same time, that by giving me an opportunity to discourse with them, 
all misunderstanding between this Government & them may be removed. 
Given under my hand & Seal of the Colony at Williamsburg this 7^ day 
of June 1 7 17 — (No Signature or Seal) 

Gentlemen, 

I received by the bearer hereof a petition signed by thirty-three hands, June loch 
and am sorry to find thereby, the apprehensions you are under from the ^„„^„, j^ 
Senequas— I have some time since taken measures for preventing their ' 

coming on our flrontiers, and securing you against their Alarms, by send- Gof^Spoti- 
ing a Messenger to New York to demand of that Government the keep- J^tidon^f the 
ing of them to the observance of the Peace, made with us in the Year inbabiunti on 
1686, And at the same time writt home for his Maj*^** Order to the Gov- ^*>« fronriers 
ernor of that Province, to obliee those Indians to forbear Coming any ^^p^munky* 
more on our {Frontiers. And f doubt not in a short time to obtain what riven, author- 
I have thus insisted on. Or at least to know what it is we have to trust »«> <*»«» ^ 
to, that I may take further measures for the protection of his Maj'J^* Sub- |i,^"j[*|^, 
jects — In the mean time I have, according to vo' desire, sent a Commif- their protection 
tion to M' John Hughes to Command such ot you, as shaN be willing to 
Range with him, for yo' own Security — But its fitt, you should know, 
that it is not in my power to eftablish conftant Rangers, nor to promise 
him or you any certain pay — that being properly the businefs of a Gene- 
ral! Assembly, to whom I can only recommend your Services for a 
Suitable reward — And this you may be afsured I shall not fail to do when 
an Afsembly meets — 

Whereas, at the Request of the fFrontier Inhab^' between James 
River and Pamunkv, I have given you a Commifsion to be Captain 
of Such of the said Inhab^'as shall voluntary undertake to Range 
for the Security of the Inha^ between the s* Rivers. You are for yo' 
best guidance in the S^ Service, to observe the following Instructions — 

Tou are to understand that as the appointment of Standing Rangers, Instmctioni as 
and ascertaining their pay does properly belong to the General Afsembly, ^^ <*"*>«• *• 
you are not to expect either for yr: sdf, or the men under yo' Command Ranie«*' 
any other gratification for yo' Service than such as the next General! 
Afsembly shall think fitt — And th^ I can only promise you my recom- 
mendation to the Representatives of the People — 



190 CALENDAR OF STATE PAPERS. 



17 1 7 * As you are not by virtue of this Commifsion to afsume an authority 
over any person, but such as shal voluntarily engage in this Service, so 
you are to suit and Regulate yo' ranging as shall be most agreeable to the 
inclinations of those who thus voluntarily enter therein — and for the Se- 
curity of their and others the Plantations between the said two Rivers — 

June 19th William Dandridge being desirous of building "a House and Wharf 

Hampton, Va ^^^ Conveniency of Storidge & Landing " prays for leave to " take up the 

Beach or Ground lying; within the hisrh-water mark from the East side of 
drirVtpefUion ^'"6^ Street, & SO extending Easterly to the outermost bounds of Wil- 
for lot on son Curles' Lotts, and that he may also make such walls & improvements 
which to erect as to make the same fit for building thereon, & that he may have a pat* 
wharf and ^^^^ ^^ confirm the s*^ Ground & improvem^ to him & heirs, as has been 

usual in Like Cases &c — 



August 5th The Petition of Robert Hubbard of Warwick County, for Warrant, 

to enquh'e into the Escheate of the- lands of W'" Bedford late of the Pa- 
rish of Merchants Hundred in James City County, who died without 
heir &c 4 c — 



Naniemond Co To the Hon^^® Alexander Spotswood, His Maj'^'^ Lieut: Goven &c and 

the Hon^*® Counsel of State &c — 
Joseph Meredeth, Sheriff of Nansemond County humbly Sheweth, 

That the County of Nansemond is of late so far & Remote Seated 
and Inhabited, that the Quit Rents of the said County, in thefe remote 
parts being generally paid in Tobacco, and that the Transportations and 
ihakeing the same Convenient is so great and exceilive a Charge, that the 
4 pr: cent, which the officers of the Revenue allows, will not make the 
fourth part of it convenient. Your Petitioner therefore prayes that your 
Honours will take it into your Serious Consideration, and Sett some Rule 
that the Quitrents may either be paid by the Sheriff when they are col- 
lected, or that there may be a suitable alldwance, which m^y make the 
Same Convenient, and your Pett' shall pray &c &c 

JO^ MEREDETH Sherr 



1718 * My Lords'; 
Remongtrance The great Diligence which your Lord p' employ to rectify whatever 
E ^t™ tluf *^**' y®" '^"^ amiss in the Plantations, encourages me to lay before you an 
Lord! Comniii- unhappy difference betwixt the Governor and the Council of Virginia, 
aloncrt of Trade oa occasion, of his haveing joined several Persons with the Council in a 
and Plantations Commifion of Oyer &' Teminer, which I humbly conceive he could not 
jictlon*of the ^ regularly do, for the following Reasons — 

^irlna^db^to '* ^^^ '^^^ ^^ ^^^^ Colony, and particularly the 24'^ in the Printed 
Thenumber^of Book have most exprcfsly limited the Tryals of life and Limb to the 
•the General Generral Court, and 'til laws shall be repeal'd either by subsequent acts, 
Coortjorinsti- ^j. jjy jjjg Majistvs' Proclamation* I humbly conceive they are binding: 

tuting Courts of •Aiii^*'' i_ "^ ^ ^ 

Oyer and Ter- agamft all Cjovernours whatever. 



■miner, contftry •— '  

•to the authority * No other document has been found beaming upon the dispute herein so ably set forth and 
<of the Royal discussed by the complainant; it is therefore spread in full upon the record, not only on this 
•Charter and the account, but because of* its intrinsic merit as illustrating the great ability of the author, and the 
Laws of the vigilance with which he endeavors to guard aeainst the encroachments of arbitrary power on the 
•Colony part of the Colonial Governor. 



CALENDAR OF STATE PAPERS. 191 



2. King Charles the 2""* by His Roial Charter, bearing date the lO^ 1718 
day of October 1676, was graciously pleas'd to grant, amongft other . « 
Priviledges, to that Colony, that the Governour and Council for the time 
being should have full power and Authority to hear and determine (the 
very English of Oyer and Terminer) all Treasons, Murthers, Felonys 
Ac to be Committed within that Government. Now if they were to 
hear and determine all Pleas of the Crown, there can be no room for the 
Lieutenant Governour to Constitute any other Judges of Oyer and Ter- 
miner for that purpose — 

3 All Criminal Cases, have by the constant usage of that Colony ever 3d Reason 
since its first Settlement, been heard and determined b} the Governour 
and Council for the time being. A custome therefore establisht by so 
long practice, and to which no manner of Inconvenience has ever been 
objected, ought not in reas n or justice to be overturned, to gratify the 
humour, or perhaps the paifions of any Governour — 

4. The Custome Coniineing all Tryals in Criminal Cases to the 4th Reuon 
Governour and Council, hath been founded on reason and justice, because 
as no body must doubt of the Governours' being well qualify ed, so like- 
wise the Council is by His Majestys' express Instruction, to be appointed 
out of the Gentlemen of the greatest itbilitys and best Estates in the 
Country, ^ho are certainly most capable, and most likely to do impartial 
justice betwixt His Majesty, and all His Subjects. Besides the Council 
are always appointed by the King himself, whereas the persons join'd to 
them in these Commiffions of Oyer and Terminer, are only nam'd by 
the Lieu' Governour, without the advice of any body, for a particular 
time and, (it may easily happen) for a particular purpose. 

5 To the foregoing Reasons, may be added the very fatal inconveni- 5th Reason 
ence that may follow upon the putting it into the Sole power of a Gover- 
nour, to try any person by what Judges he may think most proper: who 
ever has had the fortune to live in the Plantations, has abundant reason to 
know, that Governours are not in the least exempt from humane frailtys. 
Such as a pafsionate love for money, Refentment against such as presume 
to oppose their Designes, partiality to their < features and Favorites, and 
many other Pafsions, to which men in power are more Subject than other 
people Now supposeing this to be true, I most humbly submit it to 
your Lord*P" whether a Governour will not have it too much, in his 
power, either to condemn the Innocent, or acquit the guilty, if he have 
the sole authority of appointing his Judges: or whether it be reasonable, 
that a Governour, who by a most exprefs Instruction, can^t appoint so 
much as a Justice of the Peace, to decide the smallest property, without 
the advice of the Council, Should yet take upon him, by his own absolute 
will and pleasure, without any advice in the world, to appoint Judges, 
who without appeal are to determine not only concerning the Lives and 
Libertys, but also concerning the whole Estates of all those unhappy 
persons who shall be brought before them — 

6. Another great Inconvenience is the bad understanding, this Inno- 6th Reaio» 
vation must needs create betwixt the Governour and Council, for his en- 
deavouring to take from them a Jurisdiction which they have held from 
the first >ettlement of that Colony, not to mention the unhappy Disquiet 
it must needs beget in the minds of His Majestys subjects then, when 
they find their lives and fortunes left so entirely at the mercy of this 
Lieut: Governor, and of all the Governours that may hereafter be ap- 



19^ CALENDAR OF STATE PAPERS. 



1718 pointed to succeed him — Tis poffible, my Lords, that 2 objections may 
be raisM to justify this extraordinary proceeding of the Lieut: Governour, 
which I beg leave to lay before your Lord^, and to answer in the follow- 
ing manner — 

Objectioni, Obj: ist — That the Governour of Virginia is by His Majestys' Com* 

which may be miffion, authorized to appoint Courts of Oyer and Terminer for the Tryal 

urged againit r n • • 1 

hi.po.Uion., of Cnmmals.— 

with tntwen to Ans: The Council of Virginia are very far from presumeing to dis- 
the lame pyte His Majestys' Prerogative of erecting what Courts he pleases in 

His Colonys and Plantations: they only intreat your Lord^ to obsetve, 
that altho' the Governours Commiffion doth authorize him to appoint 
Courts of Oyer and Terminer, yet it doth not empower him to Consti- 
tute such. Judges in those Courts, as are excluded by the Roil Charter^ 
as well as by the laws and constant practice of that Colony: it is a kno^vfl 
maxim in law, that all grants and Commiffions issued by the King must 
ever be constant in such a manner, as to make them consist with law and 
justice. Such a construction as this, the Commiffion to the Governour 
of Virginia, may naturally receive, for the Governour may doubtlefs ap- 
point Courts of Oyer and Terminer, and name the Judges of those 
Courts out of the Council (which ought to consist of Twelve of the 
best qualifyed Gentlemen of that Country) from amongft whom he may 
appoint a competent number, without transgressing any law, or incurring 
any inconvenience whatever, by which means, both His Majestys Com- 
miffion on the one hand, and the Royal Charter, as well as the laws of 
the Colony, on the other, will remain in their full force and virtue. 

BacoiM* Rebel- Obj 2^^^ — Just after Bacons' Rebellion » there was a Commiffion of 
lion Oyer and Terminer, wherein S*' John Berry, Col® Jeffreys, and Colo: 

Morrison were join'd to the Council, and since that there have been other 
Commiffions iilued, wherein the respective Governours have nam'd other 
persons for Judges, besides the Council, for the Tryal of Pyrates and 
Indians. 

Ans: As to the first of these Commiffions, it was iffued just after a 
Rebellion, wherein severall of the Council were suspected to be involved, 
which I thank God, is now very far from being the case, all the Council! 
being as firm to the Intrest of His Majesty, as any the most loyal of His 
Subjects. There was in that case, a neceffity of chooseing other Judges ; 
which might justify the stepping out of the common road for that time ; 
but it can never be drawn into Precedent to countenance the doeing it in 
ordinary cases, and then My Lords, as to the few Instances of Commis- 
Spirit of the fions granted for the Tryal of Pyrates and Indians, your Lord^>^ will 
^?*^ ^hMb" ***^'y discern, that neither of these Kind of Criminals cou'd with any 
Courtilre%- propricty be accounted Inhabitants of that Colony, and consequently were 
fointed not entitled to the benefit of the Roial Charter, which was grant^^d in ex- 

preff terms only to His Majestys Subjects Inhabitants within the Colony 
of Virginia — but whether even these Courts of Oyer and Terminer^ 
were consistent with the laws of that Country, I must submit to your 
Lord''*, if they were not, 'tis certain that the violation of any law in 
times past, can't excuse the Transgreffing of it now, but supposeing the 
best, that these Commiffions were not contrary to law, yet such extraor- 
dinary cases can never be set up as Precedent to justify the joining other 
persons with the Council in a Regular Court, that by His Majestys In- 
structions, is to have its returns twice every year, and which taketn cog- 



CALENDAR OF STATE PAPERS. I9S 



nizance of Breaches of the Pieaiee, ae well as of pleas, that concern life i/iS 
and member— 

Upon the whole matter, in regard that this step of the Lieut: Gover* 
noor has been made, contrary to the Bxpress terms of the- Royal Charter, 
in violation of the laws of that Colony, and against a constant usage*, 
founded on reason and justice, and since such ratal Inconveniences may 
attend the Governours being invested with so absolute power, from which 
no advantage can accrue to His Majestys, I make no doubt, but your 
Lord^ will please to give such directions, as may put a stop to this Inno- 
vation and prevent its being drawn into precedent for the future, lest that 
which was graciously intended by His Majesty for a priviledge and advan- 
tage to the good Inhabitants of that Colony, may be turned to their ap- 
parent danger and oppressions-^ 

I have the honour to be with the greatest respect in the world 

My Lords, your Lord^ 

Most obedient and most humble Servant 

W. BYRD 



The Kiiig^ Order in Council, for Repealing the Act passed in the April i5tk 
Colony of Virginia in 1663, ** Prohibiting the Aflembling of Quakers" — 
also repealing an Act concerning ** Foreign Debts *' — 



Betition of Ben jamin Clifton for Warrant of Enquiry^ as to whether April %A 
the lands of Josiah' Draper late of York County, be found to esrheate- 
Ac — 



At a Council held at the Capitol, the 15^^ day of April 17 18 April 15th 

Present—* Wmibvfii ' 

The Hon^^* the Governor 

Edmund Jenings Philip Ludwell 

Wm Bassbtt Nath^ Harrison— 

The Governor acquainted the Council that sundry Pirates from y* Pintea coming 
Island of Providence were come in hither and had made application for the ^^\ ^"^^ ^^ 
liberty of surrendering themselves up to His Maty* mercey, pur^ to his mldon ^^ 
Mat^ proclamacon. The Sd: Pirates were called in, & examined, who 
confefled that they took a Dutch Ship ab^ December, and thereupon they 
withdrew — And for as much as it appears that the benefit of the S^ Pro- 
clamation is not extended to any piracys committed after  
the consideration of the proper measures to be taken on this head is re- 
ferred *till a fuller Council—: 

Richard Tucker of Hampshire 
Ed: Walls of Surry 
John Jackson of Surry 
James Carr of Liverpool 
Bethana Leeds New Jersey 
Edw^ Lee Shropshire 
Peter Oliver, M' Kent— 

The above six give Information that their Company consisted of 145 
25 



194 



I7I8 



CALENDAR OF STATE PAPERS. 

men commanded by Capt: Benj. Hornego, their Ship called the Ranger 
of 36 guns: ab^ 50 surrendered upon his Majestys proclamation to the 
Gov' of Jamaica, ab^ 20 to Rhode Island & New York — Others went 
to New Enelan^, others to Bermuda^ S^ Carolina k other places and some 
continue Inhabitants of Providence — 



Mty3< 



Robert Goodrich, prays for a Patent for the escheated lands of John 
Smith (Dec'd) late of James City County ; he having paid the ^* Com* 
punction for the same, according to Law " 



May 15U1 
Naatcmoiid Co 



Concerniiig a 
Negro SUtc 
accuaed of 
murder) trans- 
ferred to 
NanMmondCo 
Ya, from N* 
Carolina 



Letter of Tho' Jordan, Sheriff of Nansemond C^ to the Lieut: Gov- 
ernor, giving as reasons why the negro Pompey had not been tried as 
ordered by a Special Court of Oyer k Terminer, that through careleff- 
ness, and illnefs, those Summoned to serve upon the said Court had not 
attended ; and praying that a new Commiffion be ifsued for another 
Court &c — He encloses the proceedings of a Special Court held at 
Chowan in N. Carolina for the trial of this Slave, with the decision 
thereof as follows viz^ 

^^ Upon hearing the Depositions k other Papers Relating to the Mur- 

ther of the said W" k Examination made thereof, the 

Court understanding that the f&ct for which the said Slave stands charged 
was Done k Committed in the County of Nansemond, in the Govern"^* 
of Virginia Cited that the body of the sd: W" — — — was found 
within the County af^ and a View was had k an Inquest taken Con- 
cerning the Same before Coroner of the aP^ County, And the sd: Slave 
is pursued by writt of hue & cry into this Commonwealth, 

This Court Therefore, and for want of proper Evidences doth not 
think fitt to Proceed any farther therein. But Ordered, that the said Slave 
Pompey be by the Marshall or his Dep'ty: Carry' from hence to the 
County of Nansemond within the Govern''^ of Virginia, And then De- 
livered to the Marshall of that County or his Depty: and that this Pre- 
cept, together with the Depositions and Examination Relating to the 
fact aforesaid be Delivered to Some one of his Maj*'** Justices for the 
County afore** 

By Or^ of the Court— 

R. HICKS Clk 



Oct« %4t]i 



I719 
January 8 th 

Court at 
St. Jamei 



Rob* Beverley Prays in behalf of Jno: Levingston Jn' for Warrant 
for the Escheated Lands of Sarah Makoine, late of King & Queen C^ 
Deceased, without heir &c — 

At the Court at S' James' the 8^ of January I719. 

Present — 

• The Kings' Most ExcelP Majesty- 
Arch. Bp: of Canterbury, Duke of Montrose Earl Coningesby 
Lord Chancellor Duke of Roxburghe M' Sec^ Crasgs 

Lord President, Marqs: of Anandale — M' Chance^^of Ex- 

chequer 

* Beart beantifiil iinpre«ion of the Privy Seal. 



CALENDAR OF STATE PAPERS. 196 



Lord Privy Seale Etrl of Lincoln M' Chance'' of ye 17 19 

Dutch 
Lord Steward Earl of Sunderland Ckneral Erie 

Duke of Bolton Earl of London M' Hampden 

General Wills— 

Upon reading this day at the Board, a Report from the Riebt Hono^^* ProcMdiogi 
the Lords of the Committee for hearing Appeals from the Plantations, !f ' ^^^ '" 
dated the 28^ of October last, in the words following viz' " Their Ex- S^'JJSJ" 
cellencys, the Lords Justices, having been pleased, by Order of Councill Esq to the 
of the 25**^ of June last, to Refer unto this Comittee, a Represenution ^"?*^|* *^ 
from the Lords Commissi" of Trade, relating to the Removal of William ^^ 
Byrd Esq% from the Councill of Virginia, in regard to his long Absence, 
without leave, as the Lieutenant Governor then hath Represented, And 
humbly, recommending Peter Beverly Esq' as a fitt person to succeed 
him, in the said Councill, As also to Referr unto this Comittee, a peti- 
tion of the said M' Byrd, Setting forth his being many years a member of 
the Councill in Virginia, and that about Three Years agoe He Obtained 
leave from the ComiiF" of the Treasury to come to England, being then 
Receiver Generall of His Maj'^* Revenue in that Colonv. Which leave 
was seen & approved by the Lieut: Governor then \ andf that His Deten- 
tion here was occasioned by Severall Accidents, and praying his said Ab- 
sence may be Dispenced with: Their Lord^' having this day Examined 
the same and heard M' Byrd thereon with the Severall reasons of his ab- 
sence. Doe (upon Consideration of his long services in that Station, and 
that he hath engaged to Return with the first Shipping to Virginia) Agree 
humblv to Recomend him to His Majestys' favor for his Continuance in 
the faid Councill, and that if the Lieut: Governor of Virgina shall have 
Suspended or Dismift him from his Said place, he be required, imediately 
to Restore him, as likewife to his former Rank therein — 

His Majesty in Councill taking the said Report into Consideration, is 
Pleased to approve thereof. And to Order, as it is hereby Ordered, that 
the said William Byrd Esq' Be Continued in the Said Councill of Vir- 
ginia — And that if he be suspended or Dismift therefrom. He be imedi- 
ately Restored as likewife to his former Rank therein — Whereof the 
Governor or Commander in Cheif of His Maj^^ said Colony, And All 
others whom, it may Concern, Are to take Notice, And yield due Obe- 
dience to His Majestys pleafure herein Signified — 

EDWARD SOUTHWELL— 



Charles Citty County fs**', Oct. nth 

May it please Your Honour — Charles Citf 

Persuant to your Hon" Precept dated at Williamsburg the 28"* of Aprill °""^ 

I, Drury Stith, SherifF of ye County above said, doe hereby Cer- Adminbtrttion 
tifie to your Hon', that the administration of Justice in the said County ®J ij*^" ^*" 
Court is greatly delayed, And whereas your Hon' is desirous to be In- f^ l^T^ 
formed from whose fault such delays do proceed, that you may be the oftboiewho 
better enabled to distinguish such persons as out of a due re^rd to the *^^^ 
Service of their Country, do regularly attend the Adminiftration of Jus- 
tice in their County Courts, I do hereby Certifie to your Honour, that 



196 CALENDAR OF STATE PAPERS. 



i 1 7 19 Samuel Harwood, George Hunt, and Samuel Harwood Jnr: Gents were 
WcttoTcr at Westopher, on the last Court day, and as for the rest of the Gentle- 
men which are sworne by the last Commiffion from your Hono', I un- 
derstand designes to transmitt their Reasons for their Refusal! to Sett and 
act as Justices forthwith to your Hon% that Justice may not through their 
neglect, be any longer delayd, which reasons some of them oiFered to the 
last Court Setting, that they might have been transmitted to your Hono' 
from that Court, but they were not Received k Certified by 

Yo* Hon" most dutiful! Hum^** Servant — 

DRURY STITH— 



Prince Ocorfc WiUiam Hennon, prays for leave to talce up ^^ in one Tract " two 
^ tliousand, four hundred acres of land, ^^ he being ready to cultivate the 

same according to Law." 



* Articles exhibited before the Hon"" his Maj^* Comm", appointed 
under the Great Seal, in Pursuance of an Act of Parliament made in the 
Eleventh and twelfth years of the Reign of King WilKam the thirds 
Entituled, an Act for the more Effectual Suppreffion of 

Pyracy, 

Againft, 
Indictment and William Howard^ For Pyracy and Robbery committed by him on the 

trial for Piracy Hjg^ geas— 

^^^'rm^ First — That the said Will Howard not having the fear of God before 
kwrd'i crew ' ^ Eyes, nor Regarding the Allegiance due to his Majesty, nor the Just 
Obedience he ow'd to the Laws of the Land, did Sometime in the year 
of our Lord 171 7 Join and Afsociate himself with one Edward Tach 
(Teach— Blackbeard), and other Wicked and disolute Persons, & with 
them did Combine to fit out in Hostile manner, a Certain Sloop or Vef- 
sell called the Revenge, to Committ Pyracys and depredations upon the 
High Seas, on the Subjects of our Lord the King and of other Princes^ 
& States in Amity with his Majesty trading in America, &c 

And in pursuance of the said F eloniouj and Pyratica! Combination 
the said Will: Howard did, together with his Afsociates and Confede- 
rates, on or about the 29^^ day of Sept' in the year AfForesaid, in an Hos- 
tile manner with force and arms, on the high seas, near Cape Charles in 
this Colony, within the Jurisdiction of the Admiralty and of this Courts 
attack & seize a Sloop called the Betty of Virginia, belonging to the 
Subjects of our said Lord the King, ana the said Sloop did then and 
their Rob and Plunder of Certain Pypes of Medera Wine, and other 
goods and Merchandizes, and thereafter the said Will: Howard did Sink 
and destroy the said Sloop, &c &c — 

- — - — *-! 1 

* Then follow leveral other indictmeott, sacceeded by the deciaon. That inaimuch ai How- 
ard willfully failed to take advantage of the King's Proclamation of pardon to all Pirates who 
shoald surrender themselves before the 5th day of January, 1719, and continued with orhen 
his unlawful and criminal depredations, frc, was on this account adjudged worthy " to snflor 
such pains, penalties and forfeitures, as by the laws of Great Britain are inflicted upon pirates 
and robbers on the high seas.** This document bears the names of Edward Hyde, of the '* Lynx 
Sloop/* and of Oeorge Maynard, of the '* Pearl Sloop.** The latter was the conqueror of the 
famous Keach, or Blackbeard, 



CALENDAR OF STATE PAPERS. 197 



North Car^"* i o^'* 28*^ 1 7 1 9— 1 7 19 

S' 

Not having been able, by reason of the weather, and Charltons being Dec. 18th 
out of the way, to get King Blunt to me until! the day before Christmas, ^^^^ ^^^^ 
is the reason you have not heard from me, according to promise**— Since Oot. Eden of 
then until! now have not been able to get other answer to what your N- Caroiiiu to 
letter demanded, then what accompartyes this — I rather cbuse to make King SJuiir*^ 
the Secretary Transcribe chat — — — as delivered, then give you or 
mifelfe other trouble— CoU^ Pollock) with myfelfe used all the arguments 
^ee were masters off to persuade him to a reconciliation with his Indy- 
ans, and ye Tributarys, but he is not to be moved & sticks to his text — 
Yet I thinke in my Concyence he has noe ill intentions againft any of 
his Ma^^ Subjects of either Government, and whilft those of them that 
are lahabitants here, apprehend noe danger from him but on the Con- 
trarye are unwilling he should be disturbed at this time. Of myfelfe I 
cannot obleidge him to doe more then I have. If I could I should be 
very ready, for I doe afsure you, none desires more to contribute to the 
peace & satisfaction of Virginia, Then 

S' y' moft humble k Obdyt Servt— 

CHARLES EDEN— 

To the Hon*^* the Qoven' and Councill — 

Robert Beverly humbly prays leave to take up 1200 acres of Land in 
the upper parts ot £fsex County being able (as he humbly conceives,) to 
cultivate and improve the same as ye Laws directs — 

And shall pray &c — 

ROB. BEVERLY— 

1720 
George Robertfons' petition to enter 3000 acres of Land in iPrince January i6th 
George C° on Knibbs' Creek &c &c — Pr George Co 

To the Hon**^* Alexander Spotswood, his Majestys Lieut: Governor &c J«»uary 26th 

The humble Petition of Joseph Banister & William Loyall — Shewetb, 
That your Pet" have for many yej^s past acted by lawfuU authority, and f*****^'l°^. 
been known Pilots to ships arrivmg within the Capes of this Colony, {^^^ Loyal?' 
and have bad the care and Coiiduct of all such men of War and other pilotiy for pro- 
great Ships, within & without the Capes, as have from time to time ar- «««««« *8»».n«t 
rived here, and discharged their Duty with all care and Dilegence — norant and'uii- 
That divers persons entirely ignorant of the Rivers, have presumed to authorized pcr- 
act as Pilots, and have insinuated their skill and knowledge to the Co- •on* claming 
manders of Severall ships & veflells, and thereby been accepted on Board ' " "' ^ 
Severall middling ships and other small vefsells, not daring, for want of 
skill to undertake the charge of the Men of War, or large ships arriving 
here, which your Pet" think a great hardship, as well as discouragem' to 
them — 

Your Pet" therefore most humbly beseech 
your Hon" That no persons may for the 
future presume to act as Pilots, within the 
Capes of this Colony, without your Hon" 
Lycence or pcrmiffion — 
And your Pet" as in Duty bound shall pray &c — 

JOSEPH BANISTER 
WILLIAM LOYALL. 



198 



CALENDAR OF STATE PAPERS. 



1720 

March itt 



Sarveyor 
Oenenl 



Chaplain paid 
£1 for each 
aermon 



Pcdtions for 
land read and 
granted 



At a Council held at the Capitol y^ i*^ Day of March 1720 — 

Present — 

The Governor — 

E. Jenings W* Byro 

Jas: Blair N. Harrison 

P. LuDWELL C. D1GG8 Esq' 

The minits of the Council ware read as ufal— 

The Governor acquainted the Council that the greatest part of the 
Justices of Northampton County being lately deed: together with the 
Sherif, whereby it came necessary for the dispatch of justice to Com- 
miffionate a new Sherif, and likewife to appoint new Justices, without 
waiting of the meeting of a Council be had upon application of the Jus- 
tices there, Ifsued a new Comiffion &c — and also had appointed M' 
Ralph Pigot to be Sherif &c — 

Peter Beverley Esq' present — 

The accounts of Capt: John Martin of the Sloop ^^ Ranger " were 
examined k approved— He had been sent to S^ Augustine on some special 

business — 

« * ** 4(  * * • 

On the Recommendation of the Surveyor General, the following per- 
sons were approved of as Surveyors, in the Several Counties for wh: they 
are Com°*viz — Jno: Syme — James Taylor — Aug^ Smith Charles Barber, 
Benj" , and Drury Stith Gent: — 

Ord** that there be pd: to the Minister attending ye Genl: Courts k 
Afsemblys <£i of Curr^ money for each Sermon. 

Sundry petitions for Leave to take up Land, were this day read in 
Council k granted, as follows — 

To Hugh Jones, Clerk — five thousand acres Lying in Efsex County 
Adjoining to the Entry of Ric^ Hickman for — 20,000 Acres — 

To Richard Herbert — fifteen hundred acres in Prince George C^ on 
the upper or North side of Flatt Creek, begining at the mouth of the 
Rocky branch &c — 

To Richard Kennon, Three Thousand acres in Prince George C** be- 
gining at a small branch at the upper horse pen &c to Flatt Creek &c 

To Stith Boiling one thousand acres including his former Entrys on 
Buckskin Creek in P. George County — 

To Dury Boiling — Three thousand acres in P. George County, near 
Hoods' Land &c 

To John Boiling — fifteen hundred acres, &c on back line of the Pet" 
and Jacob Micheaux's Lines &c — 

T o Robert Boiling, John Hamilton k John Fitzgerald, Eight thousand 
acres Lying on both sides Namuzeen Creek in Prince George County — 
a mile and a half above Tally's horse-pen &c 

To Robert Boiling — Three thousand acres in P. Gkorge C^ kc kc — 



CALENDAR OF STATE PAPERS. 199 



To Robert Boiling — Five thousand two hundred fifty-seven acres ftc 1720 
on Namuzeen Creek — 

To Henry Harrison, John Mason W"* Cocke, k Thos: Hollingshurst, Chrittaiiaa 
Five thousand acres, Beginning upon the West Side of the third great ^<^ 
Creek above Christanna Fort, where an Indian Path crofses the sd; 
Creek &c &c— 

To George Robertson, Clerk, Three thousand, three hundred acres in 
P. George County — begining two miles below the main fork of Knibbs' 
Cre^ Ac betwen north fork thereof & the Beaver-ponds of Flatt Creek— 

To Alexander Marshall — Two thousand Acres in Henrico County 
begining on the lower side of Buttcrwood Creek, up the River including 
Genito Creek &c— 

To Nathaniell Harrison k John Allen — Three thousand acres, near 
GrifEns School on a Greek six miles above ffbrt Christanna in 
Brunswick County — 

To Robert Hicks & Tho* Avert Two Thousand acres on Roanoke 
river 

To William Edwards Two thousand acres in P. George County be- 
tween Fort Christanna & Roanoke, along the Trading Path, round a Red 
Dogwood — 

To Charles Hudson — One thousand acres in New Kent County 
lying upon both sides of Stagg Creek — 



Rob^ Munfords' letter to M' W°* Robertfon in regard to certain lands March i4xh 
On Aoiioak in Brunswick C% and in P. Geoge County &c — 



To Collo Bafsett. 

. ^' — ^- Sy an Exprefs this morning from Richmond County, I have ad- Sept. 4th 
^^ ^Hst'a Party of Northern Indians have lately committed divers Rob- «- u l 
r^fr^ & hostilitys on the upper Inhabitants & being apprehended k "^ "^ 
broia^)^^ before a Justice of the Peace, have since, made their Escape, 
and cfca *^y5 Qf ^ijg Militia are now out in pursuit of them: And seeing it 



!^)^ ^>^ justly suspected that greater numbers of thofe Indians are hover- 
% ^l>ciut the frontiers,'' for preventing the dangers w*^ may happen to 
the Inl^ab% I think it necefsary that you give immediate Orders to the 
^"^vr&anding Officers of the Militia in the Several Cantons of the 
p ^^>^s under yr: Command, that they take care the men under their 
^'^vr&and do furnish themselves with arms & ammunicon according to 
y^ ^Od hold themselves in a readiness to draw together whenever they 
*"^C2eive further orders for that purpose — And that you in the mean- 
]^?> ^ve orders to the Frontier Cantons upon the firft Alarm of any 
I ^^*>s appearing there to take to their arms, & observe their motions. 



vice of such alarms, With what intelligence can be attained of the 

*^^«>s & designes of the Indians, be forthwith dispatched to me, that I 

iT ^ive Orders for a General Rendevouze of the rest of the militia, at 

^*^ 1 designe to be present if there be occasion — And if there be in 

*" ^^ounty, any Powder or ball belonging to his Maty: you are to take 



^00 CALENDAR OF STATE PAPERS. 



1720 measures for having it conveyed to Some convenient place on the ffixHi- 
tiers, & committing the Same to ye Care of some proper Officer there, 
that it may be in readinefs for the use of the^ Militia if neceffity re* 
quire &c — 

Sept. 15th Tho" Crook, Merchant, prays for Caveat, against Harry Beverley, 

King Wm Co ^^ W^ claim for Patent for his tract of five thousand acres of land in 
King W*" County, called ^^ Hambledon Heath " &c— 



Dec. 23d Petition of CoU^ Diggs, Peter Randolph Esq' and William Robertfon 

Gent: for Leave to take up twelve thousand acres of land on the River 
Rappidann, begining at the mouth of Robertson River, and running up 
three miles in the fork, between the two Rivers — & on both sides said 
Rivers &c — '' They being ready to Cultivate the same according to Law." 



SpottyWiniaCo Will: Todd, John Battaile, and John Talliferros' petition for Twenty 
thousand Acres of land, in that County, on the South West line of m' 
John Baylor k Coll: James Taylors' line, & above ye Mountain run 

&C&C— 



Sundry petitions for land, without dates, already recorded as having 
been granted in the Proceedings of the Council entered above — 



To the Hon**** the Lieut Gov: k Council &c — 

The Petition of Henry Irwin 

Humbly Sheweth, 

Petition for pay That your Petitioner was at the Charge of supplying the Government 
for two honei ^j^jj horfes, particularly for one Bell and his Son, Evidences against 
l^^ng ^y Blackbeards' Crew of Pirates, taken in North Carolina, who were tryed 
neitei in the here, by a Court of Admiralty, in which Service your Petitioner lost two 
trill of BUck- Horfes which cost him twenty pounds current money, and hath received 
beard'i men ^^ Satisfaction for the Same. 

Yo^ Petitioner theref(>re humbly prays &c 

* * • *   



1721 
Feb. a6th Ballance vs. Whiting — for Caveat, against entering certain Escheat 

lands belonging to Anne Ballance in Gloucester C^ 



March 19th Augustini Washington, John ffitzhugh, George Turberville : gents : 

WeitmoreUnd recommended by the Court according to Law, as being suitable men. 
County from whence to select a Sherif for the ensuing year kc — 



Sundry Petitions from. Boiling, Epes, Harrison and Steth in regard to 
patents tor lands &c — 



CALENDAR OF STATE PAPERS. f&i 



To the Hon^* Alexander Spotswood, His Majesties Lieut: Governor tjtt 
of Vifgiiria— 

The Respective Members of Vestrv of ye upper Parish of the Isle of Miy 9th 
Wight County — humbly petitioning Sheweth — 

That whereas the extent of this Countv from James River, to its The Vettrjr of 
utmost confine over the Nottoway and Menerrin, is so tedious a length yf^J^5r*h**^ 
of ground, the Roads att most seasons, so impassible, and the Rivers cVpny fof ^ 
more difficult, that it becomes very chargeable and burthensome to the diTiiion of nid 
inward Inhabitants, who for some time have been largely taxed for the ^*"*^ 
Importation of those remote dues to convenient landings, and the Vestry 
putt to great difficulty to procure undertakers to collect the same upon 
reasonable terms — 

And whereas the Parish Church (which ever heretofore has been 
greatly happy in the constant supply of a Minister) is lately become va* 
cant and destitute thro' our late Teachers' leaving it purely by means of 
the many hardships and difficulties he was oblig'd to undergo to perform 
his Duty att so remote distance, Wherefore Wee humbly pray your 
Honours favourable Consideration and Reieif in this Affiiir, that our 
Parish may be reduced to more convenient limits, by w^^ means, not onlv 
the hardships and difficulties w^^ the Inhabitants now labour under will 
be removed, but wee brought under a probability (thro' your Honours 
never wanted favour) of again being restored to the enjoyment of Some 
good Teacher. And Wee as in Duty bound Shall ever pray — 

William Crumpter W. Bridget 

Saml: Davis — Thom: Waltok 

Richard Gray. Reuben Procttor. 

David Baker W*' Kinchen 

George Riddick 



Petition of the Vestry, for division of New Port Parish, on account Miy 14th 
of its great extent, and " the remotenefs of divers of the Inhabitants re- ^^^ p^^ 
moveing over Nottoway & Meherin Rivers" and ^^ So farr distant from Pariib, Isie of 
bothe Church & Chappell, that it is not pofsible that the Inhabitants their Wyght Co 
can, without great inconvenience, come to either of the places to hear 
the word of God preached " &c &c — 

James ^— Fra: Smith 

Jos: Bridget Hen: Applewhaite 

Jos: Godwin Th: Applewhaite 

Thos: Pitt — Chri^ Norsworthy 

Geo: Norsworthy 

Thos: Brewer 



At a Court held for Middlesex County the 3^ day of July 1722. July 3d 

Present — John Grymes Middiwei-Co 

Oliver Se|2;ar, ]ohn Price 

and Mathew Henrys — 
Gents: Justices. 

It is the unanimous opinion of this Court that M' Richard Walker and 

26 



f09 CALENDAR OF STATE PAPERS. 



1722 M' Thomas Smith be Represented to the Hon**^* the Lieut: Governor, 
as persons very fit to be^ Added to the Comifsion of the Peace for this 
Countyr — 

M' Wormley to be put in the Copia Test W. Stanard Clk — 
Quorum — 



Oct. 2id 



Virg* fs: To the Hon*^« the Lt: Governor — 

Augusteni Smith most humbly 
Prays — 

That no patent may be granted to Larkin Chew, for any land joyning 
or bounding upon Warner, Matt, or the Iron Mine land till he is heard 
before yo' Hon' in Council — &c &c — 



Masters of 

ships pr«y for %m t r^ 

reUef from the To the Hon"* Alexander Spotswood His Majestys' Lieutenant Gover- 

consequences of ^^^ yj^g Admiral and Commander in Cheif of the Colony and Do- 
want of dlS- . . r <i7* • • 

cipiine among ^mion of Virgmia— 

seamen ^^^ petition of thc Subscribers in behalf of themselves and other 

Masters of Ships trading to this Colony — 

Humbly Sheweth, 

That it is frequently the misfortune of Masters of Ships at their fitting 
out in England, to be obliged to ship men for forreign Voyages of whose 
disposition and character, they have no knowledge ; whereby it happens 
that the turbulent and refractory Tempers of Some of their sailors comes 
too late to be discovered, and proves often of very bad example to the 
rest of the Crew, and of Evil consequence to their Voyages, more espe- 
cially in This Country, where the nature of the trade obliges us to send 
Caoset of mis- ^"^ "^^" ^^ Sloops and Boats, far remote from our Ships, and only under 
understandings the direction of Some of our Under Officers— In these short voyages it 
with their men is, that quarrells arise between the officers and men, w^^ are greatly pro- 
moted, by the opportunitys they then have of getting drunk That as 
no Society can be long kept in Order, without discipline, so it is but too 
well known that common sailors are of all men least Capable of Sub- 
mitting to the authority of their Commanders, when they find them- 
selves under no fear of correction — And indeed, such has of late years, 
been the pernicious practice of some persons at home, pretending to be 
Sollicitors & Attorneys for Sailors, that many Masters of Ships have been 
prosecuted and put to great trouble & expence for giving their Sailors 
moderate Correction, even lefs than their offences deserved ; besides the 
far greater hazard, which we run, in case of meeting with Pyrates, where 
we are fure to suffer all the tortures w^ such an abandoned Crew can in- 
vent, upon the least intimation of our Striking any of our men. As we 
are therefore concerned that some certain method may be established 
here for punishing mutinous & disobedient Seamen, So we are no lefs 
desirous that their just Complaints ag^ their Commanders, either with 



CALENDAR OF STATE PAPERS. $08 



respect to their allowance, their labour, or other unjust uiage should be 1722 
redrefsed in the most Speedy manner that can be^- 

Wherefore vo' Peti" humbly apply to yo' Hon' 
that you will be pleased, either by yo' authority 
as Vice Admiral, or in such other manner as you 
shal judge most proper, to appoint such Gourfe 
for the hearing & determining the Complaints of 
Masters of Ships ag^ their Sailors, and awarding 
such punish"^^ thereon, as may Serve to keep 
their Ships Companys in due obedience, which 
will not only prove of great benefit to the Mer- 
chants & owners of Ships, but to the people of 
this Colony, whose Tobacco will be more care- 
fully and speedily brought on board, if such 
wholesome discipline were once established 
amongst those employed in that service — 

ISHAM RANDOLPH— 
CONSTANTINE CANE 
W'f HALLADAY 



Petitions to the Hon^^* Hugh Drysdale, his Majestys Lieut: Governor in 
Council — &c — 

Henry Anderson, for lands on Swan Creek and on the branche of PadtioM for 
Dogs Creek, on Appamatock River, in Henrico County ^lUlLff*^' 

Covin Corbin — for 3000 acres on the River Po, in Spotsylvania C^ — tiM and Umitt 

Rob' Boiling — for 2000 acres, on Naminifseen Creek, in P. George ^;^ ^ate 
County — 

Edward Booker — for 2000 acres, on Nibbs Creek k Blackwells Island 
on fllatt creek in Henrico County — 



To his Hon' Hugh Drifdale, Gov' Commander in Cheife of the Colonia 
of Virg* & the Hon"* the Councilj The Outward Inhabitance of the 
County of Isle of Wyght — Humbly, 

Shewethy That whereas yo' Petitioners Live Agrat Diftance from Pecidon of the 
whare Vefsells comes for iradeing, and haveing water navigable for people of Iiie 
Vcfsells to Come Very Convenient to us in the outward part of ye f ^^^^ ^ f 
County, and Several other places, thereunto Adjoining the rivers are the customs to 
called by name Blackwater and Nottoway River — Thay Ifsue out of be located on 
North-Carolina Inlett, and haveing every faire profpect of these coming ^^j^*^^^"**^ 
to us ; Comeing as neare as the Limited Bounds Between Carolina and ^r ^ ^^*^ 
Virg* would allow them : By Reafon noe Officers plaft in that part of 
Colonia, Dare not Come further. Now Soe it is, may it Pleafe Yo' Hon' 
to Grant us the favorer of haveing Officers plaft Convenient for that 
part of the Colonia, that we may have the Same Liberty & Conveniency 
of other parts of the Colonia, and be in great meafure eafed of the Bur- 



rivers 



§04 



CALENDAR OF STATE PAPERS. 



172a 



den we now Lie under — And we defire Yo' Hon" wellfiure and shall 
forever be bound for Yo* Hon' to Pray &c &c— 



Thos: Drake 
Nicholas Williams 
John Drake 

hlfl 

Tho* X Athey 

mark 

W» Hickman 
Jno: Barnes 
Jos: Burr 
Kath: Jones 
Geo! Washington 



Rob^ Scott 
Jno: Barnes Jnr: 
David Burr 

no: Mayoe 

no: Seller 

no: Drake Jnr: 
Christ' Reynolds 
Jno: Carter 
W» Harris 
Ric'** Drake Jnr 
Jno: Davis 
James Edwards 
and others — 



Naascmoad Co Andrew Meade, John Milner and James Riddick, recommended to be 
Justices by the Court of sd: County ftc 



1723 

Feb. 26th 



* A true list of the Prisoners taken from Neweate, and shipp'd on 
board the Anne, Capt: Tho' Wrangham, Commander, bound for Caro- 
lina or Virginia, which were delivered this 2i** day of Feby. 1723-4 by 
Jonathan Howard of London, Merchant — vizt : 



1. Thomas Baily 

2. John Dixon 

3. Ruth Arnold 

4. William Baldwin 

5. Marv Smith 

6. William Frazicr 

7. Mary Parker 

8. Elizabeth Phillips 

9. James Charnock 

10. Elizabeth Banks 

11. Lottice Hopkins 

12. Edward Gunnis 

13. Mary Jarvis 
i4, Joseph Glade 

15. Mary Eller 

16. Margaret Hall 

17. John Taylor 

18. Martha Townes 

19. Elizabeth Bushell 

20. Sarah Chapman 



21. 
22. 



^3 
^5 



William Welch 
Elizabeth Tucker 
John Yarwood 
Edward Barrett 
Richard Wyers 

26. George Fisher 

27. Elizabeth Stibb 

28. Hannah Hy field 
29 Elizabeth Upston 

30. James Bristow 

31. Gertard Stanbury 
William Ford 
Elizabeth Williams 
Benjamin Allridge 
William Barter 

36. S^irah Hopkins 

37. Robert Reeves 

38. Thomas Kent. 

39. Elizabeth Morden als: 

Sheilds 



32 
33 
34 
35 



^ The obserTint reader will discover, npon icrutinising this list, that comparatively few of 
the names here recorded are now known in Virginia. Those recognised, are such as are com- 
mon, wherever natives of Great Britain are to be found. This document was ibaad in Phila- 
delphia j and there is 00 evidence that those prisoners were ever landed in Virginia j whatever 
may have been the design of the Home Government. A large proportion of these names are 
most common in other parts of the United States, This paper Is to be found among the files 
of the State Library purchases. 



CALENDAR OF STATE PAPERS. 



SOS 



40 

41 
42 

43 
44 
45 



Gresian Milson 
Nicholas Whitehoane 
Anne Gadbury 
John Hankcy 
Archibald Olive 
Elizabeth Bushell 

46. John Farquhar 

47. Elizabeth Mansfield 

48. William Caycr 

49. Thomas Edge 
Sarah Baker 
Robert Mapbnd 
Elizabeth Dawson 
John Bunworth 



50 

52 
53 



54» William Faulkner 

55. Sarah Mathews 

56. William Cedar 

57. Alice Wilkinson 

58. Thomas Severn 

59. Richard Davis 

60. John Bennett 

6 1. Henry Adkins 

62. Mary Eastlick 

63. Elizabeth Roberts als: 

Harrison 

64. Thomas Lawton 

65. Joseph Ledgett 

66. Anne Searritt — 



1723 



These are to Certifie whom it may Concern, that the Prisoners above 
Named, being in Number Sixty*Six: are received by me, on board of the 
Ship Anne, from M' Jonathan Howard of London, Merchant, to be 
Transported to Carolina or Virginia, dated this 21'* day, February 
1723-4— 

TH08 WRANGHAM. 

Witness : — 

John Parry, 
John Bittler. 



(endorsed) 



Cl 



These are Most Humbly to Certifie that M' Jonathan Howard of 
London, Merchant, hath given Security for his effectual Transportation 
of the within mentioned Sixty-Six fFelons to Carolina or Virginia, dated 
the 26'** day of fFebruary 1723 — 

Sim Harcourt of Goal Del &c" — 



Petftions and letters of Rob' Beverley, Larkin Chew, and Jer: Clowdes june 
for bnds in Spotsylvania County &c 



to the most onrable Govner of vergeny, a petshen from the mehren sept. 9th 
Engyes to your moft onrable hiness and exelency, wee pore Engns have 
kneed for to Complain to your most onrable hiness, for our Land is all the°MeherHn 
taken from us and the Englelh do say that thay will come and t'ke our indUnt 
corn from ous, that wee have made in our corn felds, and wee cannot 
Live at rest, Except your most onrable hiness do order Sumthing to the 
Contray, for Wee ar your moft oblein Subgetes and Will bee to His 
Most Raill Magasty, and under your most onrable Comand, and in hope 
;pf Sum Releif by your most onrable hinefs — 

September the 9 day 1723 — 

To the most onrable Govner of verginy — A Complaint to your most Sept. 12th 
onrable hiness and Exlenci, that wee poore Ingnes of Nancymum town p^ lu t f 
have great need, for Except your most onrable Excelenci will help us, theNansemond 
wee Canot Live, for all the Land that wee have. Corn feels and Cabens Indians 
is Survai'd by the order of North Carolina, and now the Englesh do send 
their creatuers upon us and eat up our Corn, and say the Land is thares, 
and thay ar Going to bilding of thare houses at our Corn fildes — 



»06 



CALENDAR OF STATE PAPERS. 



'7^3 "Fragment" of Instructions in regard to passing Acts in the Colo- 
nies &c 

Inttructioas as That no Law shall be enacted for so short a time, as that it may Ex- 
to pasiing laws pj^g^ before the Royal assent can be obtained thereto : — No law to be 
in t e omes ^^^^^^^ ^q \^^ \^ force for a shorter time than two years : &c — ^and that 
no law shall be re-enacted, to which the Royal Afsent has ever been re- 
fused, unless a clause be therein inserted, suspending the execution 
thereof, until such assent shall have been given &c — 

Biilf of extra- That no bills of unusual or Extraordinary Nature, or any affecting the 
ordinary nature Royal Prerogative, or the Property of Subjects, or the Trade or Shipping 
of the Kingdom, be pafsed and put in force, until a draught of said Bill, 
or Bills be firft transmitted to the Commiflioners for Trade k Plantations, 
in order to obtain the Royal approval thereof, unlefs a Clause be inserted 
ill such Bills, suspending their Execution until such afsent be gained — 

No private Act, affecting the property of any person, to be put in 
Exection without the Royal afsent &c — And the Afsent of the Governor 
not to be given to any such Act, until it be entered on the Books of the 
Council, that due notice was given by the Parties interested, of their In- 
tention to apply for such Act, in the several Parish Churches, where the 
premises in question lie ^^ for three Sundays at least " in succeffion, be- 
fore the Act be brought into the Afsembly, — A certificate under the 
Governors' hand to be transmitted to the Royal Government, testifying, 
^' that the same has pafsed thro' all the Towns above mentioned " — 



Private acta 



Notice to be 
given at the 
Parish 
Churches 



1724 

April 17th 

White HaU 
Pallet 



At the Councill Chamber White hall — 

the 17*^ day of Aprill 1724 — 
Present 



Lord President 
Earl of Westmoreland 
Lord, Visco' Townshead 
Lord Bp: of London 
Lord Carteret — 
M* Walpole 
j^BTR Qp yg Rolls. 



By a Committee of the Lords of 
His Majestys Most Honourable Privy 
Councill — 



Repeal of the 
Act laying a 
Daty on Liquor 
and Slaves, 
considered, and 
recommended 
to be repealed 



The eiTect upon 
the Negro trade 



In obedience to an order in Coun- 
cill of the 2 1** of February last, Re- 
ferring to this Committee, a Repre- 
sentation form the Lords Commiss" 
of Trade and Plantations, relating to yo*^ Majestys' Disallowance of an 
Act past in the Colony of Virginia in 1723 Intituled, " An Act for 
laying a duty on Liquors and Slaves " — Their Lordships this day, took 
the same into Consideration, and do find that Three Acts of the like 
kind were formerly past in that Colony, Laying a Duty of $£ pr: Head 
on all negroes imported there — Which Duty continued from the years 
ijioto 171 8, and tho' no Considerable objections were made at that 
time to the said Acts, yet it appears that by the price the negroes, then 
bore, and by the smallneflT of the number that were imported in those 
years, in proportion to what have been imported since those Acts ex- 
pired, and the numbers that are neceflarily wanted annually in ye Colony— 
This Duty must have been a great hindrance to the Negroe Trade^ as 
well as a Burthen upon the Poore Planters — And altho' the Duty Laid 
by this Act is much less than the former, The Same must be attended 



CALENDAR OF STATE PAPERS. 207 



with ill Consequences at this time, and Discourage the Planting and 1724 
Cultivating Naval Stores, especially in the two new Counties where 
great numbers of negroes will be wanting, and where your Majesty hath 
been pleased to Remitt the payment of any Quitt Rent for seven years, 
to encourage the Settling and Planting the same — 

And it further appears, That this Act Lays the Duty on the Importer, 
whereby the Trade of Great Brittain will be affected, and there is no 
Clause inserted therein (pursuant to yo** Majestys' Instructions) to sus- 
pend its taking effect, 'till Your Majestys' Pleasure shall be known — 

For which Reasons, and that there does not appear any immediate occa- 
fton for the said supplies, and that no Damage can arise from Repealing 
the said Act, since, the Afsembly may have time to paff another Law to 
raise the neceffary supplys, for which this act was defigned nor lyable to 
the said objections — Their Lordships Do agree hunibly to offer their 
opinion to Yo^ Majesty, that the said Act ought to be Repealed, and 
made null and void, And in regard the Governor of the said Colony 
hath acted contrary to Your Majestys' Instructions, by not inserting a 
Clause to prevent its taking effect 'till your Majes*^* Pleasure should be 
known thereupon : Their Lordships, are further of opinion that yo*" 
Majestys' Pleasure should be Signified to him. That he do not on any 
preience whatsoever, presume to give his affent to any Act of this kind 
for the future, without inserting such a Clause as is before mentioned — 



Geo: Robertson prays for an order to take up " 1500 acres near Flat April tSch 
Creek & Apomatock " in P. George C** k 1000 acres, in the forks of 
Smacks Creek — 



S', I desire you wou'd furvey the order of Council I Entered w*^ you May loth 
for Sixteen thoufand acres of Land, Beginning at the upper End of my 
fathers patent on Pamunkey River and Running up the River for length, Bew^toVoV 
and a mile and a half back, for breadth — I desire you would divide it James Taylor/ 
into thoufand acres, and return the plats, in the following names : the Surveyor, in 

2 regard to laying 

Lowest thoufand for my self, the next for my sister Mary, ye next Mar- **"^ • '*'«« 

t ^ i ^ ^V body of land 

garet Beverley, the next Susanna Beverly, the next Catherine Beverley . . c \^ 
6, Judith Beverley, 7 Agatha Beverley, 8, Will"* Stanard, 9, Elizabeth to*be**l«nefic!a! 
Stanard, 10, Beverley Stanard, 11. Sarah Stanard, 12, Ann Stanard, 13 ries thereby 
Will™ Wily, 14 John Wily, 15, Hariy Gains — 16, Bartholomew Yates 
Jnr: — If you can, by Surveying the wnole, and afterwards platt it of, in 
thoufand acres, it will save a great deal of charge, and I shall take it as 
a very great favour. I desire you would make this Survey, as soon as 
you can. I will be paymaster for the whole — 

I am y' very humble ferv* 

ROBT. BEVERLEY 
To Coll** James Taylor 
Thcfe 



R. Napier enters a Caveat against Capt: Rene Seaforces' <' having a Oct. loth 
Patent for any land in Henrico County, by grant or otherwise " Henrico Co 



^as 



CALENDAR OF STATE PAPERS. 



1724 

Qct. aoth 
Richmond Co 



Richmond County 



Number of T/tbablet 
«55» 



No: of TythablM employed 

in Tobacco 

1419 



No of those that are 

Intituled to Tend 

3000 pUflCl 

236 



No of Plant! Re- 
ported bj the 
▼iewon 

7f4^7i77S 



The above is a True Report according to 
the several Lists to me Returned— 'Given 
under my hand the 20*** day of October 
1724— 

BECKWITH CC. R. Cur: 



King George 
County 



Spotsylvania 
County 

Complaint 
against the 
Hon. Alex. 
Spotiwood 



Had com- 
menced a 
church at 
Oermina 



Spoawood*s 
tenants 



Fitted up a 
room in his 
own house for 
a Courthouse 



No; of Tythables 
1 1 30 



No of Tythables employed 

in Tobacco 

9fti 



No of Those that tend 

3000 plants 

148 



No of Tobacco plants 
Tended i n the County 

4.9i9f79S 



This is a just account of the number of Tithables, &c ic fcc — ac- 
cording to the Viewers Report in King George County for the year 

Test. 

TH08 TURNER CI: Cur: 



To the Hon^^* Hugh Drysdale Esq' his Maj^^" Lieut: Governour & 
Command' in Cheif of the Colony & Dominion of Virginia &c &c — 

That whereas, at a Genii: Aflfembly holden at the Royal Capitol at 
Williamsburgh the 2°** day of Nov' Anno 1720, in the Seventh year of 
His Maj^^' Reign, it was enacted that 500^, should be placed in the 
hands of the Hon^^* ColF Alex: Spotswood, the then Lieut Governour 
of this Dominion, to be appropriated for the building a Church & Court 
house in the above said County: which Pains and good Inclination of 
both the Upper and Lower houses of Aflfembly, hath not as Yett 
answer'd the Intentions of that Act — 

first, the Hon^^* Coll® Alex' Spotswood has^ laid the foundation of a 
Church at Germana, in a place so remote that few or none other his 
Menial Servants (and they allways Decreasing) can Ever frequent it : 
and by One claufe in the afore cited Act, foreign Protestants are Ex- 
empted for ten^ears from paying the Ministers' Dues, and their being 
the cheifest of the Inhabitants in that part of the County (and likewise 
Tenants to the Hon^^® Coll** Alex' Spotswood) have sent for a Minister 
of their own Nation : so that few or none will resort to that Place of 
Publick Worship — which is a greivance we humbly hope your Hon*" 
will redress. 

2ondiy 'pijg Hon^^* Coll** Alex' Spotswood hath not proceeded to build a 
Court Houfe, but hath fitted a room of- his own houfe for that purpofe, 
being placed at the fore recited place, is a very great inconveniency to 
four fifths of the Inhabitants of the County, and the land for allmost 
Eight or ten miles round the said houfe (Except a fmall Quantity in the 
fork of Rappahannock River) belongs to the Hon^** Coll** Alex' Spots- 
wood, as may now fully appear to y' Hon'* 

The Inconveniences we labour under exceed the bounds of a Peti- 
tion, by reason of the distance of our Court creating great Delay in our 
Publick affairs — 



CALENDAR OF STATE PAPERS. $09 



3^7 We are Ukewife peMSMM Chat the loooA givea by ibtf taM Af- 1714 
^mblv for Arms, Ammunition, Church and Court house has ifot been 
Distriouted accordii^ to the good Intentions of the said Afsemb^— - 
these we complain of as Greivances &c— 

(no signature) 

Mutilated record of a Suit, Hubbard r.s. Wills— , P^^ 

Beoord of the compbunt madie against, arrest of^ and ftthscxfutnt trial 1716 
before the County Court of Richmond C% of Jasper Parsons for Piracy^ 
and murder of Capt: John Heard, of the Ship " Tayloe "—Upon en- J*"' ^^ 
amination, it was ordered by the Court ^* that the said Parsons be re- Rtchmond c* 
manded to the prison of this County, under the Custody of the Sheriff, 
and from thence to be Conveyed to the publique goal at Williamsburg, 
as the Law in such cases directs. 

Copy Test 

M. BECKWITH C. C C<* 
J. Tavloe, Justice of 
the Peace — 



James Naylor 2 


6 


Ric* Milby 


Charles Caspin 2 


6 


Edw^ Lattimer 


' 


[ohn Parrish 


006 


' 


fohn Robertson 


2 6 




Fohn Ralls 


X 6 




[ohn Chain 


ners 


5-^ 



Know all men by these presents that wee, the fubscribers under writ- April iSth 
ten Do acknowledge to pay to Capt: Simon Hollier and Charles Jenings, . ^^ ^ 
their heirs fcc, the several sums of money hereafter set down for and parish 
towards Imploying Lawyers in order to obtain an Order for a due Elec- 
tion of a Legal Vestry in Eliz: City Parish, As Witnefe our hands this ^^^^fl^ 
li^ day of April 1726— . ^^ ^J^ 

I Joseph Skinner 7 J •«:««■ LegU 
5 Tho: Baylie 2 | 6 ^^ 

W« Cuningham t*" 
fohn House i | 3 
W* Lattimer i 
Th* Latimer i I 6 
Th* Michell 2 | 6 

At a Court held for the proof of publick chlims on thtf ^ of May May 9th 
1726 in King W"' County &c the following ckiim was submitted under ^^^ ^^ ^ 
oath &c — 

King W"^ County fs: — I do hereby certify that Martin Slaughter, of 
tUs County brougjht before me four runaway Slaves, named — James, 
Roger, Guy & Sampson, belonging to M' Lewis Burwei of York County^ 
which sd: slaves he took up att his own Plantation in this Countey which 
pr; my Judgement is above forty miles from ye french town, ye place Fnaeh tvmm 
where ye sd: Sbves were kept — 

Given under my hand this 23* day of Sept: 1724 

* Wilfiatn Robertson Gent: Appointed " Receiver of all the Rates, Jttii« lotfc 
Dutvs and Impositions on Liquors &c for the Distria of York River wmabvck 
*€?-- HUGH DRYSDALE ^ 

 ' - I ■_]! iiiii ■-  ^mm^mm^m^m^im^mim^mm^t* 

* Bean bandtome imprenioa of PrWats Stal la wai. 

27 



mo CALENDAR OF STATE PAPERS. 



ijtb To the Hon*^ Rob* Carter Esq' his Maj*!^ Prefedent, and Comander in 
^^^^^ Chcif of Virginia &c— 



(Mary Orifhham, prays for a patent for a certain body of land, 
cheated to her deceased husband, by the decision of Col° John Robin- 
fon Esq' Escheator, but now claimed by Edmund Bagg son of Rev: 
John Bagg deceased &c — 

1727 Sundry Caveats entered and recorded, as addrefsed to ♦Hon'*** W" 

Feb th-a th Gooch Esq' Lieut: Gov' & Com*' in Cheif &c— by Chas: Chiswell of 

« • 7t -a?' Hanover C** — Bailey Himman, of Accomac C® — ^John Henry of W"^- 

burgh, John Wall of Brunswick, and John Hamlin, of P« Geoi^ge 

C^'&c 



Feb. To the Com** of the Customs, 

Letter of Prefti- Hon^*^ — Since the death of the late Gov', and the administration de- 
dent Carter, volving on me, nothing has happened in relation to y* Customs, to give 
appo"n°me5t of an occafxon of trouble Yo'« Uoard: but now the Naval Office of Rapp* 
hU ion as Col- Diftrict becoming vacant by the death of M' Charles Robinson I lay hold 
lector for Rap- q{ (his Opportunity to notify to Yo' Hon" that I have (with the approba* 
DUtricT^*' tion of the Council) appointed Rob* Carter ju"', to fucceed in that office^ 
he lives more convenient for the Trade & for discharging that trust, than 
any other person, I could have found, capable of that Imployment, and 
I could say more to recommend him to Yo' Favour, if he was not mj 
Son— "however as he will forthwith offer very Substantial Security at Yo' 
Board, and has given the like here, in the meantime, I doubt not, this^ 
appointment will deserve Yo' Hon" approbation — I am — 

(no signature) 

AprU 4tb North Carolina fs: — 

At a Council held at the Council Chamber in Eden- 
ton, the 4*** day of April 1727 — 
Present : 

The Hon^' Sir Richard Everard, Bant: Gov: &c — 
RicH^ F1TZWILLIAM8 RicH^ Sandersok 

William Reed Tho^ Pollock 

Christopher Pals Eom^ Gales 

J. LovicK John Worlby 

£• MosBLEY 

Proceediogi in The HonoUe, the Governour acquainting this Board that he had lateljr 
{•** Co^*'*r f **^^*^*^ * Letter from the President of Virginia, Informing him, that the 
State In regani Tusktrooroes had lately killed several of the Saponi Indians, who are 
to the com- Tributaries to that Government, and demanded satisfaction of the afbre*^ 
'i*' p* "m^* ^^ Tuskarooroes — And Blunt, Cheif man of the Tuskarooroes, being or- 
•f Vil^nJ*"* ^^^ ^^ attend this day. The Gov' thereupon directed M' President Car- 
against the ters' Letter, should be read in Council to Blount, which haveing been 
TMcaiora Interpreted by a Sworn Interpreter, Blunt absolutely denyed the Chaige, 
indMoi ^^ cither be or any of his people were concerned in the Murther of the 

Sapontes— And allouiges it was done by the Northern Indians that had 

*Heiiinf and otben ttate that Ooocb did not become Oorernar until after Av^uft Ijtb^ 
]7fl7. Tbe'official docsmcntt raise a dovbt ai to tbtt chronology. 



CALENDAR OF STATE PAPERS. 211 



Revolted from bim, and now lived as Pirates & Robbers — ^It being De- xjaj 
nianded what Reason he had to believe those Indians had committed 
the fiact — Answered, That there was at present an Indian in his town, 
named York, who was formerlv of the Tuskarooroe Nation, who on his 
way to his Town, met some of the party that had been at Warr with the 
Saponies, who told the sd: York that the rest of the Party which had 
lately separated from them, had a Prisone' of the Saponies with them. 
And that the whole Party was Comanded by an Indian named Conau- 
hauritzhuh, and consisted of Northern Indians and Revolted Tuskaroo- 
roes — And added he was sure the Northern Indians would not deny the 
action if they were Examined upon it — 

RT: FORSTER 

Depty: Secrey — 
Copy— 

Opinion of the Attorney General and Solicitor General on the Fines Aaguc i^tk 
& Forfeitures arising in the Northern neck, under the Charters granted (Copy) 
by King Charles the Second ft King James the Second, with certain 
queries ftc — cheifly relating to the Pardoning power in felonies and mis- ^[J"* q •! *! 
demeanors, and the remitting of Forfeitures by the Governor — ^To this as to povren of 
question they reply *' that nothing contained in the Said Letters Patent t^e Oorernor 
restrains him, from exercising the Authority of Pardoning &c — ft if the '" ««'*»«" c*^ 
Pardon be granted before any Forfeiture incurred by Judgement in cases 
of Misdemeanour, or by Flight, Conviction or Judgement in cases of 
Felony, the Pardon will prevent any forfeiture, but if the Pardon be 
Granted after the Forfeiture actually incurred by any of the means 
aforesaid, tho* the offence will be thereby discharged, the Right of the 
Grantees to the Thing Forfeited will Continue "-^ 

All which is humbly Submitted &c — 

P. YORKE 
C. TALBOT. 



May it please Your Hon^, Aogoit |ir 

^ T he Dolefull and most miferable state that I now am under makes wmtbttrKk 
me with a heavy heart write to your Hon' in this lamentable case which Priaoa 
must overwhelm mv poor parents and friends with greif, when they shall 
hear of my being Drought to so an untimely end. The many misfor- P'J«on« «■*« 
tunes which happened to me and tenderness of youth in beine overtaken allJloT for Pin- 
by the temptations of the world together with the late lols i sustained cy, pnji for a 
by the master of my vessel, who run away with her from Potomack in fi»t^er ref|Jt» 
Maryland, with her load of Tobacco put me quite out of ever seeing 
my Dear parents, which threw me in Dispair and melanchoUy — this is 
well known by Several! Gentlemen in Maryland, likewife by M' Fitz* 
Williams Survevor Generall — this finishing stroke of my misfortunes al- 
most bereaved me of my senses, which God forgive me for it, but I 
never intended to go a pirating, which was declared by Edward Coleman 
at his Dying minute — Yo' hon' was so good to me, as to give me longer 
time of Repentance than the Rest, which God blefs you and yours for ; 
but however Dear S' with a weeping heart, I crave, and for the love of 

God, I beg your hon' will be so good as to give me such a time longer 

- — - — — - —~ 

* A maa of tliit oame lived at ** Sweet Hall,** la fCiog William Cotuifyy oa PamMkjr RWcr, 
jcaif after tliie datt~Co«!d ht bave Wea tk§ msm fardoacd i 



gig CALENDAR OF STATE PAPERS. 



1727 of Rq>efitance as your hon' in your Difcretion shall judge proper — ^this 
will be a gnte benefit to my poor soul which muft answer biefbre the 
great tribunal of heaven, for all my Sins Done in the Body — What a 
comfortable thing it is for a Dying man to have a little time to make his 
peace with God — in hopes whereof that the Almighty God may Reward 
you and yours at the last Day shall be the prayers of a poor miferable 
and unhappy wretch — 

JOHN VIDAL 



The Petition of Henry Willis for Patent for certain lands, being part 
Oct. 15th of 1 2000 acres granted in 1722 to Cole Digges and Peter Beverley in the 
• ^ 1 I /^ fork of Rapid^n in S^ Georges' Parish but which lapsed, by their failure 
to culuv^ or Improve the same &c &c — 



Sundry entries of Caveats granted &c 



OcL a I It 



Sir, 

The Meherin Indians being at no verv great distance from me, when 

Oct. 30th J fgceived your £ivour of the 23* past, I detained your Mefenger 'till I 

fdeatofi, N.C. got them to me, and this morning I have bad a Conference with all their 

peat men upon the subject of Your Letter. They all in General utterly 

Ib regard to deny that they have any quarrel with the Nottoway Indians, or ever 

diiputa among ^gpected them of having any hand in the attack that was lately made 

tribttt°ry*^ upoKi their nation & Captain Rogers who is their Cheif man says that he 

Tirginia an4 faas no doubt of the Nottoways friendship, having his Mothers Sister and 

H. Carolina 3everal of her Children grown up, now living with these people. They 

lay the whole blame upon the old Occoneechy Kine & the Saponi In-^ 

dians, who as they are your Tributaries, they ask Justice from you oo 

the OiFenders. They had twelve persons Killed, and a Boy belonging 

to one of their Great men, named Robin King taken Pnsoner, wha 

they desire m^y be restored to them, and the like number of Sapponies^ 

as they have lost, delivered to them to be put to death — Whether this is 

practicable, I must leave to you, but I think some Recompcnce shouU 

^ thought on, to prevent all these Dangers you seem to apprehend from 

the Savages taking their own Revenge one upon the other — On thursdav 

n^ my Coiincill and I meet and as soon as poi&ble afterwvds { shatt 

send your SxceUy: an Acc^ of our ComiEoners — 

Vm S' 

Your most Ob^ 

Humble ierv^ 
R. KVERARD 

To the Honourable William Qooch Esq' his Majestys' Lieutenant Gov- 
ernour and Commander in Cheif of the Colony and Dominion of 
Virginia — 
Petition of jj^y it please your Honour, 

■nndry ciOsent ^^^ ' •^^{^^•^c 

!• remoTc the 

•fficc of Cnt- consequence to us, being at present under consideration, we beg leave in 
lomi from the ju the Bumblest manner, to lay our Thoughts before Your Honour on 
R|clrte?jL^I"^'»« Subject. We mean the fixing of the Offices of Rappahannock 
tt'urbanna ' District at the Town of Urbanna, by far, the most proper k Conve- 
nient place for them, for not to iniist upon the natural advantages of the 
place & the Act of the Legislature Establishing it a Town, There are 



CALENDAR 'OF STATE PAPERS. jJiJT 



other Considerations we think of the greatest weight k which particu- 1727 
hrlj affect many of us. The hr greater part of the Tobacco Exported 
from this River, is purchased in the Country for Merch^ at home, in 
consequence of which, their masters k Factors have accounts which 
cannot be finished 'till after the ships are cleared out : How improper 
any private houfe is for such bufinefs is easily seen, so the ships are 
cither obliged to stop at Urbanna ft again at the office, or the masters 
return from thence to finish what businefs may be left undone — This 
frequently occasions the loss of much time, attended with great ft trouble- 
some **♦*•*•*• from 

the present Juncture, The Laft and necefsary war in which his Majesty 
& the nation are Engaged, a Day, an Hour may occasion the lofs of the 
whole — And as it is not to be expected that Convoys can wait for every 
particular ship, it is their businefs to be in readinefs, ft for that purpose 
every thing that may occasion the least delay is to be prevented— -Be- 
sides all this there is a very material objection against an officers Houfe— 
There every body is obnoxious to him ft at his discretion: disputes may Reasou why 
arife ft have arifen, & masters of ships want frequently afsistance ft ad- it ■hovid be 
vice both at entering & clearing. We are further of opinion Sir, that ^^^ 
by keeping the offices at a private houfe a real detriment is done to the 
whole Country ft this we think will appear from narrat^ing a few Facts. 
The County of Middlesex, in which Urbanna is Situate, is the first on 
Rappahannock River towards the Sea. That River is of easy accefs 
from the Bay — The number of whites in that County is very small, the Small number 
proportion to Blacks, hardly as one to three, and much lefs in the lowest °^ ^^^ *f 
ft first exposed part — The meaner sort of the people (in whom consists ^rsuckt^ 
the strength of all Countrys) are daily moving higher up, so that there is 
some danger of this £xtreaiD part of the Country being entirely aban- 
4on'd by them: the evil consequences of which are easily discovered & 
■nay be in great meafure prevented by encouraging people to settle in a 
Town, who would take from the Planters the produce of tbeir Hus- 
bandry, and encourage them ia other branches of it, besides making To* 
bacco, which in the present situation of affairs, we have great raafon to 
apprehend may much decline in its value 

You were pleased lately Sir, wifelv to recommend to the Afsembly to 
provide powder ft Shott for our defence ft much better know than we 
can exprefs, how necefiu-y it is to have hands to use them. Thus Sir^ 
we have laid our thoughts on this af&ir before you, ft expect from your 
Known Goodnefs & Capacity that you will not only Order the officer 
more immediately under your direction to attend his duty at Urbanna, 
but will also, by your Counteneance get it past into a Law to prevent all 
future disputes — We are Your Honours 

Most obt ft most humble fervants — 

John Allen James Reid 

Benj Hubbard Jas: Cheap 

Chas: Dick Patt: Barclay 

John Graham James Bowib 

And^ Rosse Sam: Smith 

Geo: Chapman Tho: Ward 

Rob* Shedden Rob* Gilchrist 

Andrew Anderson W* Dick 
Alex: Frazier John Graham Jnr: 

John Walker Dav: McCulloch — 



iU 



CALENDAR OF STATE PAPERS. 



1727 



Letter to Sir Richard Everard from President Carter at length in re- 
gard to the Indian disturbances on the frontiers of N. Corolina and Vir* 
ginia, cheifly between the Saponies and Meherines, with the Gatawbas» 
on account of the Murder of many of the former during the past win- 
ter — Attack made by the Catawbas on Blounts' Town — The Saponies 
peaceably inclined towards these latter— ^^ Coll Harrifon " sent with a 
militia force, to arrange the diiSculties and protect the Tributary In- 
dians — 



To the Honourable the Governour in Council — 

Robert Lewis, W"' Lynn, Rob' Brooke ju^ Jas: Mills William Lewis 
k Beverly Robinson — ' 

Humbly Shew — 

Settlementt on That your Petitioners have been at great Trouble & Charges in making 
head waten of Discoveries of Lands among the Mountains, and are desirous of takeing 
Jimei river ^^ some of those Lands they have discove^'d — Wherefore your peti- 
tioners humbly pray your Honours to grant him an order to take up 
Fifty Thousand Acres, in one or more tracts on the head branches of 
James River to the West and Northwestward of the Cow Pasture, on 
seating thereon one Family for every Thousand Acres, and as the faid 
Lands are very remote and lying among the great North Mountains, 
being about Two Hundred Miles at least from any landing — Your Peti- 
tioners humbly pray Your Honours will grant them fix years time to feat 
the fame and your petitioners as in Duty bound will ever pray — 



1728 
Jsae lit 

CaroUne Co 



Petitions for locating lands in the feveral Counties from, Woodson, 
Rocketts, Coles, Power, Kenny, Chiswell, Randolphs, Fitzwilliam, 
Robertson, Chew, Brunskill, Anderson, Vaughan, Jones, Dunnifant, 
Price, Ferguson, Byrd, Vanderhood, HoUoway, Smith, Baker, Syme^ 
Ward, Winston, Craddock, Russel, Cosby, Barrett, Kerby, Walker, 
Carr, Jackson, & Epes — &c 

Augustini Smith, Surveyor of Essex and Spotsylvania Counties for 
twenty years past, to the Governor, vindicating himself against certaiB 
charges of malfeasance in office; that he had employed negroes as chain- 
bearers ; had given Plats for Lands he had never furveyed, &c &c 



June tjth 



Petition of Thos. Jones to take up Six Thousand Acres of Land kc 
on Oolden Creek, south side of Northanna River, and on hicory 
Creek &c 



* W" Gooch £sq% his Maj^ Lieut: Governour, vice Admiral k Com- 
mander in Chief of the Colony and Dominion of Virginia — 

To Lewis Burwell Gent: Greeting — 

•PP®*"^ ^f*" ^7 v**^"* of ^^^ power and authoritv to me jriven by his Maj^» as 
STuppCT Dif- Commander in Chief of this Colony, I do hereby Constitute and appoint 



Wmiburg 
Lewis Burwell 



trice of J«met 
RWer 



* Bean handiome ImprctiioB of teal In wac. 



CALENDAR OF STATE PAPERS. BIS 



{ou the faid, to be Naval Officer within the Upper District of James 1728 
Uver, with all ye Rights ft lawful Powers thereunto belonging — &c &c 

and I do further grant unto you the faid Lewis Burwell, that you (hall 
enjoy the iaid office during Pleafure — 

Qiven under my hand and feal,at W'^'burgh the third day of July 1728 
in the fecond year of his Maj^^ Reign — 

WILLIAM GOOCH. 



Sir— 

The 27th of September, John Carter brought negro Cofey to my chtncterMdc 
hous, as he fays by your orders for me to examine concerning what the letter, !a regard 
Saponys have told him about the white people which I have don, and he j° j.^* Sapony 
fells me that great george tould him that John Sauano and a fellow called 
ben harrison was gon to the Cotobers to fetch one hundred of them to 
come and fee why their Indians was put in prison and if cap'^° tom was 
hanged they would carry their wives and children over roanoake river 
and then they would drive the white peopel and negros as far as James 
river, and he says that tony mack tould him that if pyah was hanged, he 
and the Cotobers would com and take revenge of the english, and he 
fays that Sapony tom tould him If his son harry ervin was hanged they 
would kill you and three or four more gentlemen and then goe of, and 
fays that Dick tould him that we had no busnes to com to the fort armed 
to concern ourselves about their killing one another, but we were like a 
fow that had lost her pigs, would ralley for a little time and then have 
don, but when they began a war with the english they never would have 
don — this from y' humble fervt: to comand — 

THOMAS ARENT. 



Rob^ Carter Esq' in behalf of the Proprietors of the Northern Neck, Ocr. itcb 
enters a Caveat ag^ granting a patent for ten thousand acres of land, on 
both fides of Happy Creek joining on the great Mountains ftc ftc — to 
Larkin Chew & others. 



Sundry Caveats entered, by Green, Syme, Taliaferro, Chastain, Cosby, 
Willis, Eidy, Ogilsby, Pope, &c. 



At a Vestry held for S^ Johns' Parish at the lower Church 1729 

December ye 22^ 1 729. ^^ ^^^ 

Present — Ye Rbv: Dan^ Taylor, Minister. 
The Hon^^* Coll® William Danoridgb 
Coll: Phill: Whitehead Capt: Henry Webber 

Coll® Aug' Moore M' Thos: King 

Capt: John Quarlbs Capt: Will Cradock— 

We the Vestry having viewed the decays of this Church, We find it Acdoa con- 
to be so bad, that it is unanimously agreed not to expend any money 3^'*^ '][^. 
towards the Repairing of it, but we order that the workmen vis^ Mr Parbjlt towe r 
Thomas Palmer and Mr Charles Palmer close up ye Breaches they have Chwch 
made in it and leave it. It is likewife ordered that Two new Churches 
be built of equal Dimensions and goodness in this Parish and that Publick 



$16 CALENDAR OF STATE PAPERS. 



1730 notice be given for Workmen to meet at the next Vestry wbich is ap- 
pointed to be held on the 8^ day of Jamiary next, to agree with •■ 
Undertaker to build the lower Church. 

DAN^ TAYLOR, M' 
HENRY WEBBER W. DANDRIDGE 

WILL: CRADDOCK. PHIL: WHITEHEAD 

AUG. MOORE 
Cop. Test) THOS. KING 

ViNC» Inge— Clk Vcs: JNO. QUARLES 

Jane Richd: Deans* petition (with plat) for a certain parcel of land ott 

Licking Hole Creek in Henrico, now Goochland Co ftc ftc 

BcTcriy*! Peti- Roh^ Beverly, William Beverly & John Corrie, pray for leave to take 
don for lindi |,p Fifty thousand Acres of land lying upon Shenando River, &c — ^and 
Vi^hiU**"*^ ™x^ above the grant to Col. W« Beverly for the land called the Massa- 
nutting Town — 



Caveats entered against patents for lands on Beaver-dam Creek and 
Contrary river in Hanover Co — 

1 73 1 Caveats entered by Edloe, Dabbs, and Bassett &c 

Mar loth At a Vestry held for St. Johns Parish, May ye loth 1731. 

St. Tohiu* Prest: — The Rev. Daniel Taylor, Minister. 

Pariih CoU: WiLLiAM Dandridge Colh Phill: Whitehead 

Coll: W*^ Aylett CoU* Aug: Moore 

Capt: Henry Webber Capt: Jno: Quarlbs 

Captr W" Craddock Capt: James Macon 

Capt: Thos: Clayborne Capt: Martin Palmer 

ProcM^ Bgi of Capt. James Macon being by a former order chosen a Vestry Man in 
the Vetciy of the room of M' Henry Fox, virho hath left the Parish, was this day, ac- 
Pardh^^' cordingly sworne — Francis Crump, showing that John Thompson being 
in a very fick & weak condition and not able to get his living. The 
Vestry doth exempt him from Paying his Parish Levy this year-^* 

Whereas the Vestry, at ye Layfng of the last Parish Levy, thought it 
Convenient to raise some Tobacco towards the buildine of two Churches 
in this Parish, and accordingly levied nineteen thousand and fifty pounds 
of Tobacco, for the said Use, which said sum of 19050 lbs of Tobacco, 
which beine collected by (he Church Wardens and Collector, it is or- 
dered by this Vestry, that the faid (iim of Tobacco be expefed to lale, 
and Coir W°^ Aylett doth this day agree to discharge the lame at 10 f: 
pn Ct: Currant Uash, after all charges for Cask & Sallary deducted, it is 
agreed on by the Vestry — 

Memoran^ Capt. Leonard Clayborne is D^ for Capt. Beales fine 15C 
Capt. H^nry Webber D"* for Ricafd Lowelb — isf. 
AUG. MOORE DAN^ TAYLOR 

THOS. KING W. DANDRIDGi: 

HEN. WEBBER MARTIN PALMER 

JNO. QUARLES THOS. CLAIBORNE 

WILL CRADDOCK PHIL. WHITEHEAD 

JAMES MA90N ^^ . ^^jj. W*^ AYLETT 

Vinc't Inoe Clk. Vest. 



CALENDAR OF STATE PAPERS. mf 



John Quvles gives Bond, requiring him to buiM a Puhlick Ware- 1731 
house for Tobacco &c on his land in King W°^ Countj &c juae ut 



M' Patrick Spence, and Andrew Monroe Jnr"' Bond for building Ware- July 30th 
houses &c at Nomini in Westmoreland C^ 



Robert BoHuigs' Bond, requiring hiw to build Warehouses in Prince Sept. loth 
George County, at the Peine, on nid Boilings Land &;c 



John Parntlls' Pattent for four hundred acres of Land, with Plat &c Oct. a6th 
in Isle of Wyght Co — 

JNO: ALLEN— Surveyor 



It being considered with Reguard to the difference of the charge and Not. 19th 
expence of building one or two Churches in this Parish, that one will be s^ johiuPariih 
more fuitable, Easie & convenient to the Inhabitants thereof. Therefore n. Keat Co 
it is Concluded and accordingly ordered that one Church and no more q q^^ j^ 
be built for the use of this Parish, and that it be erected at the place only tp be built 
where the Vestry (hall hereafter agree upon — 

Jno; QuABLES W, DAHDBIDaB 

Hbn: Wsbbkb Phil: Wm^BHftAJ) 

Will: Cbadpook W" Aylbtt 

Jam: Mabon Tho'. Kufg 

Cop Test) 

Vikct: Inqb 

Clk. V^a: 



Tlie Petition of John Smith k wife — John Daricoate k wife James & Little Bjrd 
John Mafly and others for Patent for 4,000 Acres of land on (aid Creek, ^"*^ 
in Goochland G% as pr: right of Thomas Mafly Testator &c &c 



W" Ayletts* Bond, requiring him to erect a Publick Warehouse on ^P"^ ^^^ 
his Land, in addition to the one already built at that Place — &c ^'' }i^^^' 

Paruh 
King Wm Co 

April 30*^ 1732- 
Dear Sir, 

I am peisuaded that I can get a number of people from April 30th 
Pensilvania to settle on Shenoodore, if I can obtain an order of Council |^^^^ ^^ ^^ 

for fome Land there, and I beg y® favour of you to get me an order at Bererij to 

the first Council held after you receive this, for fifteen thousand acres of ia rcprd to 
Land, lying on both aides of ye main River of Shenondore to include an Jf "^' ^. '^ 
old field, called and known by y® name of. Massanutting Town, and iiver 
running back k above k below the same on y^ faid river to include 
the Quantity ; ye fil; main river being y^ which runs at ye foot of the 
great ridge of mountains comonly cafled the blue ridge and being those 
we know in this Colony by ye name of ye high mountains \ and because 
I would not have a dispute with any body, or endeavour to supplant 

28 



$1S CALENDAR OF STATE PAPERS. 



1732 them, I defire you will please to fearch in ye Council Office, whether 
any order, now in force has been granted for the faid Mafiannutting, and 
if there has not, then I hope I (hall obtain my defire ; for y® northern 
men are fond of buying land there, because they can buy it, for six or 
/even pounds pr: hundred acres, cheaper than they can take up land in 
pensilvania and thev don't care to go as far as W""burg. I hope that 
Col: Henry Willis nas not employed you ag"^ W"^ RuflTel, about his 
mountain Land^ because I am concerned with RuiTel in it, tho' my name 
is not mentioned in it, and if he loses it, my part, besides charges, will 
be upwards of sixty pounds, which I shall lose — Now I earnestly entreat 
you, that you will take our cause in hand, which I think is very just, 
being ye first discoverers and we surveyed as soon as ye Sufveyor would 
go out ; for last September by y* Surveyors* own and our appoint™**, we 
mett at Elkwood in order to go out k survey ye fd: Land, but after we 
had been at all that pains and trouble he told us y* he could not survey 
y^ Land, and if he went he could only make a begining k so return 
(w^^ we thought would do us no good) we having appointed Colonel 
Spotswood and Co^^ Grymes to make a furvey for them at Maflapomux. 
Now it will be very hard for us to loose ye land which it was ye Sur- 
veyors' fault & not ours — however rather than we should have any 
trouble or stop to our patent, I offered to pay to Col^ Willis all the cx- 
pences he had been at, but he refused it because he said he had not been 
at any — The truth is we have made y® furvey & now have sold y^ Land 
Price of land to a pensilvania man for 3 lbs of their money pr: hundred, which is what 
lold the Penn- he wants from us, tho' he was not at y^ least trouble or charge about it, 
•ylTaniaiM ^^ut he is resolved to get it if pofEble — but I hope he will be balkt, & not 
take our money k labour from us, y^ have so dearly ear°^ it by exposing 
ourselves te all manner of hardships for y* discovery of y* frontiers — 
I hope we shall reap y* benefit of y* fame and I referr you for further 
information to M' RufTell who will wait on you with this. I have been 
very fick y* most part of last week but I thank God I am now a little 
better, tho' yesterday morning I could hardly hold up my head — I heartily 
wish you & yours perfect health and all other bleiEngs you can desire. 

I am 
M' RufTell can inform you. Dear Sir, your most obedient 

ab^ the road I went & I humble servant 

defire / Capt. At fFeild W. BEVERLEY. 

one of*^ y* pet" may be 

app^ Surveyor 

Oct. 9th * Edwin Conway writes to Qov. Gooch, in regard to the complaints 

made against M' Joseph Carter, Inspector of ToCocco at Corotoman, by 

the people of that neighborhood, with their request that he be removed 

UnpopuUrity ^^ — ^^^ ^^^^ ^^ ^ pacified the People last tuesday at the muster, by 

of Mr. Joseph telling them that the Secretary had promifed to hear their complaints, for 

^k**V°* feveral were ready to strike M' Carter, for he had been very Partial and 

tonofT^cco unjust, as the people say, and it may be proved that the other two were, 

for the most part govern'd bv him. Circumstances are very plain that 

he spightfuUy burnt James rollands Tobacco, Tho he might have burnt 

bis whole crop without giving him' the opportunity to prove be did it 

, \ , m .,_ I ■-|--i  ■—  — 1 ^^ " ir 

* Bean handioiDt imprcwion of PrtTtit S«a] !n wai. 



CALENDAR OF STATE PAPERS. 219 



spitefully" &c. M^ Carter threatened to split Peter Rivers' head, and 
oiFer'd to turn him out of Doors &c * * * * They 
(the Inspectors) passed very bad Tobacco for some people, and often 
burnt good Tobacco, and made the people pick it over k over again 
&c — M' Carter has declared in the prefence of several men, that he 
will be more severe in burning Tobacco if he Continues Inspector an- 
other year: and this year they burnt 800 out of 900 Large Tobacco, 
such as the Merchants would be glad to buy &c — • « » 

many people were desirous to give their evidence before the Secretary, 
but it is so far to W""burg ft two great rivers to croiT, the people so 
poor and money so scarce, that unlefs the Evidences could be examined 
here, 'tis better to carry our Tobacco to some other Inspection, for by 
M' Carters' Character, he is a man of Implacable temper, and we dare 
not carry our Tobacco to him, for if he rul'd Two, he certainly will 
one &c &c — " 

Then follow two other letters of subsequent dates, very strongly 
complaining of M' Carter, and expressing great apprehension of his being 
retained as Inspector for another year &c £c— 



Philip Smith Jnr: to the Hon: John Carter, Secretary of V*, in be- Oct. 3111 
half of Joseph Carter, M' Ball k M' Brent the Inspectors of Tobacco NorthnmM Co 
in that District ; thinks " them all very honest men and as far as ever I £^^^^5^ j^ 
See very cearfuU in their office, not to pafs any Tob* but what was ^Tor of the 
good, and in my opinion have done equall Justis to all " &c kc Impecton 



Simon Stubblefields' Petition for Patent for 500 acres *of land in 
Spotsylvania County lapsed from one Tho^ Dimmock 



Dec. 

W"* Robertson Esq' appointed by Gov: Gooch, Collector of ^^ Rates Wm.Robcrt- 
& Dutys k Impositions " to be levied on Liquors and Slaves imported ^^^ •ppointed 
&c for the District of York River &c S!!!??L!!f 



York RiTer 



To the Hon^** William Gooch Esq' Lieutenant Governor &c 4c — 1733 

The petition of the Subscribers humbly shew — 

That about four years past, they purchased five thousand acres Petition of the 
of land, of one Jacob Stover, and paid him a great Sum of Money for ^"'^^J' Mttleri 
the same. Amounting to Upwards of four hundred pounds: that y': pe- ""da?^"*** 
titioners were informed k beleived the sd; Stover had a good right k agtimt the luit 
title in the said land — that immediately after the sd: * * • ofWmBeTeriy 

all their lands k sev" other things in the County of Lancaster & Pro- ["d^ureh^ 
vince of Pensylvania, wh6re they then lived, & came k seated on the from Jacob 
land they had bought of the s^ Stover; and cleared sev^ Plantations k ^^^^^^ 
made great Improvements thereon — Since which, they have been In- 
formed that the sd: land (known by the name of Massannutting) is 
Claimed by one W°* Beverly Gent — k that the sd: Beverly hath brought 
suit ags^ the sd: Stover for the same, in the Hon^^* the Generall Court — 
Y' Petitioners further shew that should the sd: Beverley recover the sd: 



^20 CALENDAR OF STATE PAPERS. 



1733 land, that he will turn yr: Pet" out of Doors, or oblige them to give much 
more for their lands & plantations then they are wof th, Which will entirely 
ruin y' Pet" — And yo' Pet" cannot recover any thing of the s* Stover^ to 
make them amends for the Lofs of their sd: lands, plantations ftc, he 
being very poor, and is Daily Expected to Run away. Wherefore y*^ 
Petitioners humbly hope that as they are not Privy to any fraud done by 
the sd: Stover in obtaining the sd: Land & yo' pet" being Dutchmen & 
not acquainted with the laws here concerning lands k Imagined the sd: 
Stovers' right to be good & have Run the hazard of their lives k estates 
in removing from Pensylvania to the sd: land, being above two hundred 
miles & at a time when there was very few Inhabitants in them parts of 
Shenando, & they frequently visited by the Indians. And at this time 
y' pet" have nine Plantations, fifty one people, old & young, thereon k 
Expect to have two more familys to seat on the sd: land this spring, 
(none of which are any of the persons the sd: Stover swore was on the 
sd: land when he obtained the sd: Patent as y' pet" have been informed) 
nor did y' pet" hear of the sd: Beverleys' claiming the said land 'till 
they had made plantations thereon — And y' pet" have also paid his Ma- 
jesties Quit rents for the said land, ever since they bought the sd: land 
of the sd: Jacob Stover, that Your Hon" taking all i Singular, the pre- 
mifses into yr: Consideration, will be pleased to make such order or De- 
cree thereon, that yr: pet" may Quietly Injoy the said land. 

And yr: pet' will every pray &c 



MILHART RANGDMANN 



ABRAHAM 

MATHEW FOLK 



ADAM MULLER 
M CRIMSART: 



Land lease of Pitillo against Archer — Deposition Sworn to before 
John Banister, and signed by Geo: Williams &c 



Not, 28tii Sir, This is to Inform you that I was at the great mountains k saw 

several dutchmen that Came from Pencelvania and they told me they 
had agreed with Stover for Land on Sherando, but since they came they 
heard that Col: W° Beverley was at Law for it, therefore they would 
not settle it, unlefs Stover could make them a right to it, which if he did 
they would settle it directly — Which is the needfull frpm 

S' y' Humble ferv* 

To Comm* 

FRA: THORNTON 
To M' William Robertson 

at Williamsburg &c . 



1^34 Smrvey U Plot of Land^^for Josbph Hawldiis, lying in B^ Matins' 

Parish in Spotsylvania, above the littte mountains, k on both site vhe 
May a4th j^fl^ Run— Jamcs Cok: Survcyo' 



CALENDAR OF STATE PAPERS. 221 



John Martin summoned to appear before the Gov: & Council in the 1734 
Capitol at W°"burc: — to defend his title to a tract of land on South River , 

ir- ¥mTm r^ June J4tn 

King W"» County — -^ ^ 



Ed: Cocke & Thomas Ballard of Chas: City County, summoned be- Dec. 4th 
fore Gov: & Council to anfwer the Complaint of Doucy Southall &c 



Rob' Napiers' Petition for redress against W*" Mayo Surveyor of Goochland Co 
Goochland C*', who although frequently applied to, and proffered the ^ ^ 
lawful fees, not only refuses to deliver to the sd: Napier the Plots & survevor of * 
certificates of his land surveyed, but had " contrary to all Justice and Goochland 
honesty" delivered the same to Miles Cary in his name; thereby redu- Napiers petition 
cing the " Petitioner & his poor wife and children " to ruin &c &c — 



Summons to John Foster, to shew cause why land formerly granted to 1735 
him may not now be granted to Henry Willis &c Pcb nth 



To the Honble William Gooch Esq' his Majestys' Lieutenant Gover- April id 
nor & Com**' in cheif of the Colony & Dominion of Virg* Norfolk 

Wee, the Merchants, owners of Vefsells, and Principall Inhabitants Petition of the 
-of the Town of Norfolk, Begg leave to lay before your Hon' what we merchants and 
conceive a Burthen, and hardship on us. And the Merchants and owners Norfolk askine 
of Vefsels in the Countys of Princefl' Anne and Nanseoiond, in our the removal of 

Trade — the Collector's 

The Port of Hampton, being the Lower District of James River, Hfm*^ton u> 
claims all vefsells entering and tradeing on the north side of James River that Place 
from Point Comfort, the mouth of James River, along the north shore 
to Archers' Hope Creek — on w*^^ side of James River are not more than J-'""*" ^^}^^, 

^—m, Lower Oiatiict 

Three Sloops or Vefsells belonging to Virginia owners, that we know or of James Rirer 
have heard of — and no British Ships for many years past has Loaded 
Tobacco on that side James River within the said District — 

On the South side of James River, the Port of Hampton includes all Porc of Hamp- 
the Rivers and Creeks from Cape Henry to Hog Island, opposite to *<»" 
Archers* Hope Creek, viz^ Lynhaven River, Elizabeth River on w^** our 
Town is Seated, and w^^ has above Thirty Sail of Sloops, Briggantines 
and Vefsells belonging to the Inhabitants, and that annually make about 
Three Voyages Each, to the Islands in the West Indias, and is resorted 
to by very many Sloops and Vefsells from the Islands, and from the 
Continent of America ; as well as Several! British Ships, that annually 
come here to Load, or fill up with Lumber — Nansemond River, where 
many British Ships every year Load Tobacco and Tarr, and Small Vef- 
sells provisions for the West Indias. — P^ggan Creek, and other Places of 
small Trade. It is S' — from Norfolk Town to Hampton, about eigh- Distances &c 
teen miles by water, and from Nansemond to Hampton about Twenty 
five or thirty miles — a Difficult and Troublesom Navigation Crofs the 
mooth of Janics River, atidl usually requires two Days ttme, and Expellee 
of boat U men (oftenthncs more occasioned by bad weatkier and Coi> 
tfary MinIs) wheitewr we have occasion to enter or dear out Veftelte 
from a^ of tke Places' aiforena(iited»«^ 

An^, trbat is Still harder upoD vs^ is that notwithstanding the Act of 



tiz 



CALENDAR OF STATE PAPERS. 



1735 Afsembly of this Province the VIIP^ G. 2"^ Chap: 11"^ Sec' III. 
Enacting that on our importing Liquors, and then transporting them from 
one District to another, it shall be lawfuU for the importer to make Oath 
before Some Justice of the Peace of the County where he lives, that he 
Duly Entered such Liquors, w^^ the Collector of the Dutys, and paid or 
Secured all the Dutys &c — which Oath, Such Justice shall certifie &c, 
and such Certificate being produced to the Collectoi* of the Dutys in 
the District to w^^ the said Liquors shall be transported, shall be a 
Sufficient Warrant for the owners thereof to sell the same in such other 
District ; any thing, or former Acts to the Contrary hereof, notwith- 
standing — 

The Collectors of the other Districts in Virginia, do refuse to admitt 
such Certificate, alledging they are restrained by Acts of Parliament — 
and thereby, as often as we have occasion to send to any other District, 
a single cask of Rum or more, We are obliged again to undergo the same 
Expence and Fatigue of going to Hampton to procure such Certificate, 
to the great Detriment of our Trade, and Fatigue to ourselves — 

This S' Wee complain of, as a Greivanse and hardship on oar Trade, 
and a matter, proper to be releived, and humbly Pray your Hon" to En- 
quire into the Truth of the Premifses, and represent the san.e to the 
Hon^^^ the Commifsioners of his Majestys' Customes for Great Brittain, 
with an humble request &c To them that they will Please to direct the 
Custom House Officers for the Lower District of James River to reside 
at Norfolk, or to appoint a Deputy, to reside at Norfolk, for the same 
Purposes, or such other Releif in the Premises as they in their wisdom 
shall think fitt — 

May it Please your Hon' 



Norfolk April 2* 1735 



Wee are with utmost regard and sincere wishes 
for the long Continuance of Yo' Hon" Govern- 
ment over us — 

Your Hon" moft Obedient ft 
moft humble Serv** — 



Gbo; Newton 
William Godfrey 
Abel Lbwelling 
Jno: Tucker 
Jno: Watkins: 
Bdw'* Thurston 
Antho: Walke 
Saml: Boush Jnr 
Jno Hutchinos 
Jno: Taylor 



Cornelius Calvert 
Jno: Tucker Jnr: 
Jno: Brown 
Jno: Sanders 
Edward Puqh 
Chr: Gardner 
Habijah Savaqe 
Simon Hancoceb 
Band*^ Sharman 
Alex* Campbell 
BoB^ Tucker 
Sam: Sjaith Jnr: 



Sa: Bous 
Saml: Smith 
Th«^ Pugh 
Lemuel Biddle 
John Elleoood 
Da: M M^Clenahak 
John Fitz — 



May — 
Norfolk, Va 



Petition of Masters of British Vessels, on the same subject as the pre- 
ceeding. After the usual Preamble, they state ^^ Upon our Arrival in 
James River, Wee your Hon'* Pef* have little or no Businefs at Hamp- 
ton, only to enter our Yeflells, but for most part are all either obliged , or 
incline to goe to Norfolk, for provisions. Rum, Lumber &c, which is a 



CALENDAR OF STATE PAPERS. 



228 



Tr 

K 

at 
of 



m-B.l)Ie and Loss of time — Besides being obliged to ride in a Dangerous 
and Deep water, Whereas if your Hon" thought fitt to have offices 
rfolk, Wee could ride in four or five Fathom Water in the mouth 
Hzabeth River — &c &c 



1 735 



John Tate 
Saml: Spilman 
Saml: Boreman 
Hugh Crawford 
Jno: McCunn 

COLip DUNLOP 

John Jenings 



John Lyon 
RoBT Hall 
Jno: Turner 
Saml: Burnes 
Geo Griffin 
David Single 



a 

C 

th 



Hi 

L 



a Council held at the Capitol the ii*^ day of June 1735 &c — 

the Petition of W™ Byrd Esq' sett forth that he speedily Expects 

mber of Switzers, and other fForeign Protestants to come over to this 

ty & praying that 100 000 Acres of Land may be granted him for 

Accommodation & Settlement, to be taken up in one or more 

:s on both Sides the South Branch of Roanoke River, Between 

«s' Creek A; the River Irvine, free & Discharged from the Pur- 

^ of rights & upon the terms on which other Remote Frontier 

s have been granted — It is Ordered the Petitioner have leave to 

up 1 00000 acres of land at the place above described, on Condition 

'^tling one fFamily at least upon every 1000 acres, within the space 

o years from Si after the last Day of October next enfuing the 

hereof — 



June nth 
Wmsburgh 

Grant of 
100,000 teres 
of Land &c 
to Proteitaat 
Forcigsert, 
upon petition 
of Wm Byrd 



^^"^ Clemment granted leave to take up land in Amelia on Bent 
Creek, beginning on Appomattox River &c 



Petition of Chris: Clark, Ambrose Joshua Smith k John Henry, Tor 
Survey of 3000 acres of land, on South fork of North fork of James 
River above dry Creek, & running up to the Lines of Lynch, Hudson 
k Lewis, towards the great mountain, kc kc to the piney mountain in 
Hanover County, &c 



Instructions for M' James Thomas Surveyor. 

Having seen your Plot and Feild notes, relating to your late Survey of 
the South Branch of Rappahanock River, We have Cfonsider'd your Re- 
port made us thereon, And are of Opinion (That as the South Stream 
or Branch of the lask Fork call'd k known by the Name of Conaway 
River appear'd to You to be Greater than the North Branch which you 
went up and Surveyd, after M' Graeme had refused to trace up s^ Branch 
the' you often insisted on it) That is Absolutely neceflary for the better 
Discovery of the Several Branches of Rappahanock, You should survey 
and measure the s^ Conaway River and insert it in your Plot, We do 
therefore Order and Direct you to prepare your Self with all pofBble 
Dispatch in order to go on your s' Survey the first good Season of 
Weather, And that you hire two or more Cnain Carriers, as the Service 



1736 

Feb. 5th 

King George 
County 

Imtructioot In 
regard to lurTcy 
of the head 
waters of Rap- 
pahannock 



$u 



CALENDAR OF STATE PAPERS. 



1736 



Feb. a lit 

Ezpeniei of 
SurTey 



may require and at the cuftomary Wages — We defire You to send M"" 
Grseme Notice of these, our Orders, that in case the Kings Commis- 
sioners direct Him, he may accordingly attend and aifist you therein. 
We expect you will apply yourself and men, with all Dilegence in the 
Execution of this further Truft, and give us account thereof — 

We are your loving Friends— 

CH: CARTER 
W. BEVERLEY 
W. FAIRFAX. 

To this is appended further instructions to th^ same person, '^ To 
survey and measure the North Branch of the little Fork of Rappahanock 
comonly called HSdgemans' River " kc &c. 



Sir, 

Pay unto Henry flitzhugh Efq' or Order, the fum of Eighteen pounds 
Eight Shillings and Eleven pence Curr° and place the same to acco^ of 

Sir 

Your humble Serv* 

JN<> WARNER— 
To W» Fairfax Efq' 

Accepted — 

W. Fairfax — 



March 7 th 



Eipenies in 
Surveying 



Willitmibarg 






(i 



cc 



C( 

cc 



cc 

cc 



**An Acct: of the Charge & Disburf** in the Surveying y* Water 
Courcefs of Rapp: bay and Potomack River-^ 

To Merryman Payn ' . 25 Days £» 3.:2-02 — 06. 

To John Taylor 

To Tho" Lew 

To a man to attend and stand as an object \ 

upon the shore &c 25 days service j 
To Thomas George, for y® use of his 

Perriauger — &c 
To a padlock to secure y® perriauger 
To one q' of paper — Edwards 1 

To two qu' of paper of Col: Grymcs j 
To two GalJ: and 3 qts. of Rum at 
Sf pr: Qa" 

&c &c kc 



£ I. 17. . 6 



o .15 



iV9 

} 



00 — 13 — 09. 

W" BALL. 

»737— 



August nth Sir, 



In regard co the 
Survey of Lord 
Fair&x*! Terri- 
tory in the 
N. Neck 



Last night I received a Copy of the Comm^' Instructions, which I 
send inclosed. You wil observe they are very general and fo can need 
no Comment of mine — I have likewise had a sight of the Commifsion, 
The purport of which is That the Comm" have full power & authority 
by all lawful ways k means to examine, fettle k determine all matters 
k things touching the boundaries of his Lordships Territory according to 
the true intent, meaning & construction of his Grants. And they have 
power to take the Depositions of Witnefses, To search all Records and 



CALENDAR OF STATE PAPERS. H$ 



to employ Surveiors, Chain Carriers &c. And they are to make report rjji 
of their proceedings to the Governor — They are stiled Comm'* on be* 
half of his Majestie and no notice is taken oif their being nominated by 
Lord Fair&x — His approbation St confent is expected in a writing by it- 
self — I veas defined oy tbe Governor to draw up a form, which I ha^e 
accordii^y done & fend herewith — fibr my part I can fee nothing ex- 
ceptionable either in the Commifsion or Inftniction, however if bis 
Lordship likes them not he is ftil at liberty to name his own Comm™— * 
The Governor gave me to underftand that it was a matter of favor & not 
of right to have a sight of the Commifsion and Copy of the Instructions* 

The Comm" talk of seting out in September so as to be ready to enter 
upon businefs by the 20^ of that month — They feem very desirous to fee 
either his Lordship or you before they set out as well to fettle prelimina- 
ries as to the dnEie k place of meeting & other previous matters as to bt 
made acquainted with what his Lordship intends to require them to do. 
You tel me I know his demands very well — It is true I am no stranger 
to what they are in general, but I am realy at a lofs to defcend to particit^ 
lars, his Lordship having never communicated to me what it was ht 
Ihould require of the Comm" — As to the (ketch I drew up k fent fome 
time ago under the name of Instructions to the Comm", I was never 
told it was approved of — It can never be satisfactary to the Comm'' to 
say you desire them to perform the Kings' Order — Particulars (hould be 
mentioned as well with respect to what his Lordship apprehends to be 
his boundaries as also whatever he expects or requires the Comm" to do 
on his behalf — Therefore it you come not down Pray let me have very 
full Instructions what I am to propofe and desire of the Cmttm" for fm 
Lordship — 

The Governor fiiys he will give orders to the Surveiors of Spotsylvaniit 
and Orange not to survey any more land within the disputed bounds. 
It is his Mefsenger brings this and wil wkrt for an answer if you con 
^patch him in a reafonable time^-His Lordship may always depend 
upon my best fervices for his interest-^ 

I am Sir 

Tour most Ohti k humble SerV* 

HDW: BARRADALE. 
W"»burg, Aug: 11. 1736. 

Enclosed with the above is the following — 

Sir» 

Laft Night the Mefsenger brought your Paquet enclosing an Instru* Aagwt i5tk 
ment for me to sign and Seal^ also a copy of the Instructions intended ^e,tnioreUnd 
the CommifEoners. On perusal thereof I canot avoid remarking that 
if I should afsent in the Manner Expreft, to have the N^ern Neck which 
I claim, run out, markt and afcertained, imediately after the Survey of 
the (ame by the Comnfi'* I should give up the Benefit which I rave 
always expected of having their S^ Survey reported first to the Governor 
amd to be by Him transmitted Home to his Majesty, for as the Main 
Dispute is conceived in the construction of the words in the feveral 
Oittnts, what is there nveatit and understood to be the first Heads or Springs 
of the two Rivers Rappahanock k Potomack — It ieems most equitaUe to 
have the (ame determined by his Majisty in Council, before whom the 
case may be fairly argued on both sides. And this step will not in anv 

29 



$$6 CALENDAR OF STATE PAPERS. 



1736 ways lefsen the Service, but I think, be the best Direction to the Comm'* 
in their future marking & afcertaining the Boundarys — The affair is of 
too great Consequence to have it Ended here w^ut reserving the Lib- 
erty of Appeal— -The last Clause of the Instruction is rightly made, 
wherein the Survevors are to prepare correct maps of the Rivers Rapp^ 
& Potomack and tne Branches thereof to the first Heads or Springs in 
order to be laid before his Majesty, which would be uselefs after the 
former Part which directs the Comm'' to mark k settle the Boundarys, 
is excuted. I have all the just Confidence in the Honor k Integrity of 
the Comm" appointed, But can't submit that They should finally deter* 
mine till his Maj^ Pleafure be further Known — To obviate all Difficultys 
I propofe being at W°"burg the first week of next month, where I hope 
I shall meet w^ all pofsible Dispatch. In the mean time what I have 
offered need not hinder the Comm" in their Preparations for setting out 
on their Survey — If any Points of Law should arife, there will be Time 
eno^ to have the same determined at Home before the Surveys can be 
compleated, unlefs from hence obftructed, which is very far from being 
the defire of 

yr: humble Ser^ 

(also the following) F. 

Sir, I reed: your Favor of the 11^ inst: by M' Fleming whom you 
say is the Governors Mefsenger. As such, my Lord being unacquainted 
w^ the Dignity of Such an Exprefs defires you'l pay Him what Compli- 
ment You think proper — His Lordsp: has answered you himself — I have 
only to apologize for the neglect of not lettipg you know his Lordsp* 
approval of the Sketch you drew up and fent under the Name of In- 
structions to y* Comm'* ( But by the present Draft no notice is taken of 
his Lordsps' Acceptance of the S^ Gen^ for his own ) It has been my 
Fault w^ I will endeavour to repair by a better Obfervance in future— 
His Lordp: takes very Kindly the Trouble You give Your Self in his 
Service, and you may be afsur'd of his Gratitude. If my Lord thinks it 
necefsary I shall be glad to accompany Him to W°"burg, where I hope 
to see ail manner of Jealoufies k Difficulties removed. Be so Kind as 
to recomend the Care of the enclosed* to Col^ Diggs 

I am w^ unalterable Efteem 
Y' W. F. 

Aug: is^ 1736. 



{ 



Sept. iSth By the Commiifioners appointed on behalf of the Right Hon^^ 

Thomas Lord Fairfax — Proprietor of the Northern Neck — 

iBict Thomu By virtue of the Powers and Authorities to us given. We do hereby 

r, made Sw- nominate and appoint you James Thomas jun'. Surveyor, in conjunction 

f2[2%x° ^*'** ^^^^ ^^^^ Surveyor as Ihall be appointed on the part of Bis Majesty to 

furvey and trace the north branch of the River Tappahannock, alias 

Rappahannock, from the first Great Fork of faid River, next above the 

falls thereof &c &c — to take the Indian names, Inhabitants, variations of 

Chain bcaren the Compafs, the Latitude &c — To take three Chain-bearers, U be dufy 

H U iwarn sworn according to the Laws of this Country iic &c 

* Letter for Mr. AmUer Cole at York. 



CALENDAR OF STATE PAPERS. 



^rf 



The Hon"' John Grimes Esq' 

Sept: To %x Bottles of Clarett 
25th To 20 Bottles of Madera wine 
26th To 36 Bottles of strong Beer 
27th To 10 Dishes — Victualls 
To 8 Dishes D« 

To 6 Dishes D 

To 6 Breakftsts Gentlemen 

To II « « 

* • « • 

• • • • 

To 14 IxM^ings 

To Stableage 19 Hones Saturrfaf nisbt 



D' 



28 
29 



@4f 

@2f 

@ Ift 

@4r 
@4f 
@4f 
@if 



@6f 



• # • « « # « 

To punch : Oaidemeii 

To Tea : Gentlemen 

To Sundry Liquors, Woodsmen and Survqrours 

To Liquor Esq'' Fairfaxs' man 

To Liquor y* Surveyours 

To 7 breakftsts Servants % ^A\ 

To 6 barrels & i buftl: Corn at lof pr: barr^ 



X4: 

2. 

2: 
2: 
I 
i: 

o 
o 

o 

o 

% 

o: 
o; 
o: 
o: 
o* 
o 

X3- 



12: 
12: 

S- 
o: 

12: 

¥ 
6: 

11: 



o 



o 

o- 

o 

o 

o 

o 



I7j6 

Sept. ft9tk 



SpecloieB aee^ 
•koirlaf files 
of aiticki-^ 
Filr&i*inmf 






I7- 
11: 

• 

2: 
II: 

S- 

o: 

4 
2: 



o 

9— 
6— 

6 

9 

9 

4J 
o 



N. B. Your horses have had 6 Barrells i bushell of Corn 1 q. • 
which your honour may charge as you please J ^' ' ^ 

This account is thus endorsed — 
Sept: 29**^ 1736 — 
Then rec^d of the Honble John Orymes Esq' twelve pistoles, and of 
¥rilliam Fairfax Esq' twelve pistoles in full of the within account — I 



say rec'" pr: me 



JOHN GORDON 



John Longs' account as Chain-bearer, paid by James Thomas — Sur- Nav. loU 
vcyor ftc __ 

Oenf^ — We cannot doubt your Receiving our Letter of the 5^ inst: n«t. tpk 
last, wherein, we let you know our Thoughts of Your Dilatorinefs at 
first settii^ out, on the Supposal that you were to be paid a Pistole pr: 
day, and tnen afsured you, that your services would be rather considered, 
than the time you tooK for your Progress- 
It is not without a just concern, that we are obliged to acquaint you utter t» 
that we have seen M' Ashby, whom we had engaged as your Pilot & Sunrefoit 
Steward and the Chain men he had hired by our l)irections, who sav 
they left you on the 18^ of sd: inst: about four miles above the Moutn 
of Shanandoah, and have presented too plausible reasons for their so do- 
ing, so that if you don't accomplish the work you undertook, this season 
(and we apprehend you have had very good weather) We shall have too 
much cause to think Those men have told us nothing but truth — You 
may perhaps Contemn our Exhortations, as not needing our good opinions, 
but you will surely be acc^^* to us who are to be your Paymasters, shall 
only add that if you return, with the Pretence of the Impracticability of 
Executing those Instructions, you voluntarily took upon your oath, to 
perform, there are Gentlemen and Surveyors at Hand who resolve to 
make Tryal of such Impoffibility— >We heartily wish you may finish 



$^$ CAL£NOAK OF STATS PAPERS. 



1736 your Survey, as Those employed 00 Rappahannock, have long since 
done, without any Complaints of ill usage to their Pilots and Chaimnen^ 
The Surveyors app<Hnted on Rappahannock compleated their Wt^rk al* 
most as SQon as you began — 

We are &c 

CH: CARTER 
W. FAIRFAX 

 

Dtc; i^h Accounts paid to Joseph Carter and Will Perry as Chain bearers, on 

Sucveyi of Potomack and South River, at two shillgs k six pence pr: 
day kc 

BENJ: WINSLOW 
JNO: SAVAGE 
-^•^ CHA« CARTER 

W* Beverly to 

jtaoary 20th . The days being very short when I was al Shtnnondeah, and being 

iMez Co apprehensive of bad weather occasioned my rdf ura sooner than I in- 
tendedi and for ths^ reason I niuAt agAtn pafl* the^ mountains ia March — 
I vifasiat W^burg in December, and never heard a word of the Kings 
Com^* sending us a copy of their report, aod was not a litde surprised 
by. my Uncle Byrd the other day, who asfc'4 me why we did not let 
the^ hav^ % copy of our report, and I told him thftt we had been de- 
qyed a copy of theirs, and I thought it not reasonable to send them ours^ 
but he said that Barrad^iU Iqi^ before had « copy, iitow ainoe thev 
did not think proper to give us a copy when we bad occasion of it — Jt 
would not be amiiT to delay as long as they did before they have ^ copy 
of outs, for I hope His Lgi^ship is ^ot sale homt, suul will do his busi- 
i|cff before Mi^cr arrives — Corn bcmg very scarce viitb me;, I did not 

Fatteniog Brcf put uf^my^ bfl^ves to fi^len, that I intended for sale and Ibftvc but two I 
can depend on, indeed I am trying if I can fatten two with hay, but 
wjip^her they wijj b? fetorno, I c^;i't ss^y^ and my Wife- says she can- 
not spare any, for if we could, I afliire you they should be at your ser* 
vice — 

My Wif(p would, ^l^dly w;ait on M" Fairfs^x and the good Company, 
l)Vlt our d^ug^er Ursula is. in a bad state of beajtb, and^takes one kind 
of physick or other every day, and for my part, I haivc been at home hut 

Ftmiiy Matten three nights^ th^sc three weeks, and now expect a mil wrigh^ this day to 
go with me to King and Queen County to build a mill, and I can't pro* 
mise myself the pleasure of waiting on you 'till Sunday evening before 
W' Mor** Court, but pray do not expect me till you see me, lor next 
Tuesday Doct' Barns has obliged me to send for him, and he Is to stay 
with me 2 or 3 days on a visit, and if you have liesure from your office^ 
I shall be extreamly glad of your good company — As for Dice I have 
none, neither do I know where to get any. Pompey brings you Salmon. 
We all join in our very best services to your self, your Lady, M" Green, 
the young Lady unknown, and the Young Ladys your Daughters, with 
Master Bryan — 

I am with great truth 
Dear Sir, 

Your most obedient Servant 5(c &c 

. Qrass. beef I think is top poor ^ kill, 
tAtf>' I b^ve 4 <pret<ty ma^iy of tharn her^ " 



CALENDAR OF STATE PAPERS. JB$9 



Sir, 1737 

Pay unto M' Charles Lewis or order the sum of fifty shillings Curr^ m k th 
HMney and place the fiime to the Acc^ of *^^ ' 

Sir 

Your bumble Serv^ 

JNO: WARNER. 
To W» flfairfax Esq' 

the above is tor a man and Canoe zo Days on the Survey of King 
Geo: County — 

Accepted 

W. Fairfax 



Accounts rendered and paid for Surveys on North River, and Middle, March loth 
or Conway River &c — 

Whereas by a late Complaint to the Hoa^^^ the Lieutenant Governor, April 5th 
s^ilist William Balf Jun' Gent: the said William Ball hath been left out Lancuter Co 
of the Commission of y^ Peace ffor this County, We the subscribers 
think it our duty to certifie that moreover the said William Ball hath vindication of 
been misrepresented^ we have observed him ye space of nine years in William BaU 
that Commission, and alfo in his office of Sherif, Inspector, and^Capf^ 
of ye Militia, Constantly to have behaved himself with dilligence, sobriety. 
Honesty & altogether firee from Partiality. 

Henry Cartbr 

Hugh Brxnt 
RoB^ Mitchell Nich: Mariyk 

Henry Lawson 
Tm>*' Siyw»at3>« John Heases 

Joseph Hease 

W. Taylo» 

]o8f: CaktbR' 

WltL.- STErrOft' 

Commiffiencrs for his MajefTtie, and ike Right Hon^^ Thomas Lord April 15111 
Fairfax, fior Sumlry Expenses in Surveying Potomack River from ye mo^ 
of Sbenendo to Chapawamsick — 

J737- 

^ o paid JohcR Wikoxen for ye ufe of his ) 

Canoe from Cape: Awbreys to Shen- > 10: 8. 

endo & down to Snigav ) 

To paid CapC: Aubrey for Liquors and \ -, 

provisions J "^ 

To paid M** Bell fdr his son and Horse to ^ 

Bring our Things from Sinegar to Ma- > i: 2: 11 — 

gees j 

To paid McGee for Victuals k Drink o: 7: 6 

To paid a Sloop man for 2 gals of rum 8: o-« 

To M" Morton for Bread & Bacon 7; la 

4c&c * * . * • 

altoHrMt^: RO: BROOKE— 



$80 CALENDAR OF STATE PAPERS. 



'737 ^X ^^'^» 

I am indebted to M' Charles Green, Seventeen pounds thirteen, and 

'^ seven pence Currency, which I am informed by his Lady Tour Lordship 

is so good as to say you'l answer my draft for — I acknowledee I have no 

right to make any such Demand, out if Your Lord sp: will favour oie 

so, I shall think myself bound to use my uttmost Endeavour to meritt 

the kindnefs, And shall always retain a grateful sense of it — 

I am, 

Your Lordships 

Most obliged Ac kc 

JAMES THOMAS 

To the Riffht Hon^ 

Thomas Lord Fairfax 



Sir, 
Mftf t4tb I hsLve lofl no time that I could pofEbly apply Co mv finishinff the Sur- 

vey of Prince William, but whether I can get a fair Plan of it oefore je 
Court of Oyer, is what I cannot promise, confidering that y* Duty 
of my office will oblige me to be (if I am able) in Caroline all next 
week — I have had a feav' every afternoon Since EfTex Court, which it 
sometimes very severe, and mv Tasks are Such as will allow me no time 
to take proper remedys — I wiu health to you and yours, and Sir, 

Your moft humble 

Servant 

RO: BROOKE 
May ye 24"* 1737. 
To Col. Beverly — 

to which is the following reply — 
Sir, 
Max t7tb I am very sorrv for your so great in disposition— I heartily wish you a 

speedy recovery ci pfect health — We should be very glad to have a plot 
of potomack as soon as poffible, and I was in hopes we might have had 
it this week or the begining of next, and Zh the duties of your offices in- 
terfere with each other, I think that of least consequence ought to give 
way to the greater, but this I leave to your own Judgement— 

I am S' y' m* hb'^ Serv* 
To Maj' Brooke W. B. 

jwi« »9th Received of the R^ Hon: the Lord Fair&x, One hundred Pounds 

curr^ on Acc^ of his Service as Surveyor from the mouth of Shannen- 
doah to the first Head or Spring of Potomack 

JNO: SAVAGE— 

W* Fairfax Esq' D' 

To my Survey on North Branch of Rappahanock ) ^ ^ ^ ^ r 
October Ri/er ;3^- ^- 0.— 1736— 

ifoT. '^^ °^y Survey on the Brent Town Tract (Containing 30,000 Acres) in 

Conjunction with M' Savage, for which he Received of Meflirs Brent, 

Date of ccrttiD p^ot k C* 20 Lb: )- 10, O O 

•"^•^ Errors Excepted— 

pr: JAMES THOMAS Jtra: 



CALENDAR OF STATE PAPERS. 



isi 



Received from William Fairfax Esq' the Sum of Twenty-one Pounds, 1737 
one Shilling and Eight Pence per Acc**^ of my Survey of the North no?. a6th 
Branch or River or Fork of Rappahanock — Certain lorTcji 

pr: me 

JAMES THOMAS Jnr: 
Test, Jno: Warnbr 



List of men Employ'd for the Service of his Majistie An the Right 
Hon**^* Thomas Lord Fair Fax, Affisting on the Survey of Potomack 
River from the Mouth of Shenendo down to Chapawamfick — &c &c — 

Names — 

John Wilcoxen Jn* 
John Tarp 
Benj^ Halinge 



Account Curr^ of Expenses incident to Survey of Westmoreland 173^ 
County in 1737, by James Thomas Jnr: Surveyor &c Februar) 9th 



M' Jno: Warners' and others' accounts for surveying, with items en- April aift 
tered, and necefsary charges &c 



To his Excellency the Governor of Virginia-— August 4th 

The people acquaints. That the Governor of Virginia would make Alieganey 
Pease between the Cattawpas and the Northerly Indians, which they 
heard it from Thomas Penn k James Logan, who said it was good news Metiafe of the 
if true — but they doubted it, who Immediately sent the Letter with a King of the 
Belt of Wampon about it, to the Five Nations, Likewise he sent a Let- go*7^^'2 
ter to the Shawana King & Some Powder & Lead and Tobaccp, Desiring 
he would not let his men go to war, but guard themselves as well as they 
could in their Towns — as soon as they received the Letter, they thought 
that their Bretheren the white people, was for their Good k would not 
let their people go to war, which is well known by the white people that 
lives in their town — and that neither they nor any that Lives between 
there and the five nations went over the Hills to war. As for the Scalps, 
that was brought through their town, was Brought by the Chepoays, 
Living on the other side of the falls of the Layke Avey, which Peter 
Shortee & Cuttapeto, as soon as they Saw the ocalps, washed them, and 
was very angry, telling them they had Killed their Brethren, which put 
them in a great fright so that they never put their armes out of their 
hands, while they was in their town, and said if they had known of the 
last murder committed, They would have acquainted it to his Brother, as 
well as the first — and the aforesaid Peter Shortee hath lately been at the 
French Settlements, and acquaints you, that they take such a disliking 
to the Indians, for Killing the English, that they were forced to fly from 
that Part — and they Depended that pease was making, so that they was 
in no fear — So the Cattowpas Came upon them and Killed one woman 
and a man, and took two prisoners, about the middle of April, and 
another Company was persued about 40 days ago^ by the Shawanas, so 



mr:' 



UM 



CALENDAR OF STATE PAPERS 



1738 that they left their Packs, & there was found in them a very fine Coat, 
and Several Silk Handkercheifs — Brethren, would not have you think 
hard upon us, for we afsure you that it was neither us, nor our people, 
that would offer to do such a Barberous action to any of our Brethren, 
and they would not have you to think hard of your Brethren, for they 
gett their living by the English, for without them they could do nothing—^ 
And they are but few in number to offer any such mischeif — So they imma- 
gine the Cattawpas has done this mischeif, that they may bare the blame, 
thinking to get the Christian's on their Side against them — it is Three 
Years ago, since the Cattawpas Killed five of our Northerly Indians^, 
Douthect and ^nd at their returning back. Killed two white men named Douthett and 
Baldwin killed Baldin, which is very well Known by Garrat Pendergrafs & Charles Polke, 
and the year before that, Wendohays' brother was Killed by the Cattawpas 
and two boys took prisoners & Lazarus Lowry was robbed at the Same 
time by the Same Company, being a white man — We are very thankful! 
that you were so carefull of us to send to acquaint us, not to go over 
the Hill, lest we may fall in the hands of Some that may do us mis- 
cheif — And ril order my men to keep to Westward of the mountain, 
and not to come over the Allaganey Hill to interrupt your people — And 
that none of our people will come on the South side of Praxton road to 
Hunt, and that none of your People may'nt Come on the North side of 
the Said Bounds — if there comes any traders along the Said road, they 
will not be hurt, but not to bring Rum, if our people go to war against 
the Cattawpas, they will not go over the Hill until! they Come against 
their town — 

This is my Letter, Being I don't understand writing — Being Seven 
Spans of Wompon — Given from under my hand this 4^^ Day of August, 
Anno: Dom: 1738 — 

King of the 

NUCKEGUNNAH X SHAWANAS. 

Hiimark 

Living at AUaganey — 



Dec. iich Amendments to the Tobacco Bi!!, and Bills for establishing nwr 

Ferrys kc— -fragment 



1739 

Jane I5tli 
Ettex Co 



Dear Sir, 

Next Court I will move our Court to record my Lords' power of At- 
torney, and you slul! liave it as soon afterwards as may be — ^I have l>eca 
wtxw unwell ever since I've had the pleasure of your Company, being 
seldom 2 days clear of a fever. We heartily wish you with your lady 

and family perfect health — 

I am with great truth 
Dear Sir 

Tour most obedient 

humble fervant 

W. BEVERLEY— 
To W» Fairfax Esq' at his 
house in King George 



CALENDAR OF STATE PAPERS. 



AcGOHvti curr' for expenses «f turreys by Jno: Bxngc md jamm 
Tkomm jar: tie 

AccouM cuiV* or ^bn Savage with the Kings' Co m nwfl i onerj, for the Ji 
&tpeiises of survey of BnaSorS C* fee 

To the HoiKMiiable WjIUmi Gooch Esq' Hu Majtyj Gtwctwir 4c Ac — 

The bumble Petition of ye Inhabiunts of Frederics County — 
Humbly Shewcth, 

That whereas your Hon" Petitioncis Have Laboured under very great ^ 
Hardships for some time past by being obliged to attend Orrange Coun ^ 
for justice, fome of us having one hundred St some of us Lcfs than 
ffifty miles to travail thereto, And the exteniivenefs of ye sd: County oc- 
casions so much Bufmels, that we are obliged to waite Three days and of- 
tentimes return without doing anything — 

This Difficulty of obtaining Justice, has not only been very Expensive 
to us, Out has been the Caufe of Many Crimes going unpunished, and 
has been a means of Encouraging Perions of a Scandalous life and con- 
versation to feat among us to our no fmall Trouble — Yet under all these 
Hardships we are a flourishing fettlement — And were they removed we 
hope that by our Industry and introducing more manufactures we may 
become with a fmall Encouragement a benelict to this Colony — We 
therefore bumbl) pray that your Hon' will take our cafe into your Con- 
fideration and grant that ye sd: County of Frederica may immediately 
take place and your Hon" Petitioners, as in Duty bound will ever |fray 
&c — 

HENRY FUNK 
JOHN LITTLE 
(and fifty others) — 

WiUwD Short, William Roofciogs, Tbo* Cocke and Park* Nichalwn, s. 
recommended to ^ Governor, 1^ the Court, a* " lit and Able Persons " 
** skilful in Tobacco " to execute the office of Inspectors at Cabbin ' 
Point Ware House tc— 

William Clinch, Tbo* Holt, and William Scrvaxd, and William Ed- 
wards, recommended for the same office, at Grays' Creek Warehouse Jn 
same County — 

James Petillo, prays for leave to enter for a Survey of looo acres of 
land in Prince George County fcc &c 

Sir, 

* The death of Christopher Smith late Inspector at Pages* Warehouse Fc 
in this County, has caused a vacancy at that House, which we under- 
stand is filled up with Thomas Anderson, one of the Persons Recom- 
mended by the Court of the said County — But as the Court was Sur- p, 
prised into that recommendation, without considering the Inconven- th 
iencyi that would attend it — We therefore beg leave to object to the said "' 
Anderson being an Inspector at that Inspection &r the ft^owing rca- j) 

f Oonraar Ooech wm at «kli dua abMai in (Munuri atiht ttitm «■! fa; Vinlnii inlnc '^ 

30 






J?^^ 



CALENDAR OF STATE PAPERS. 



1740 sons — First — the multiplicity of businefs at that House, requires a per- 
son skilled in writing and expert in accounts, for the Expediting the bufi- 
ness thereof, in both which, we now find the said Anderson entirely 
Deficient — Secondly, — that the said Anderson is very much Involved in 
debt, and that the Transferr Tobacco will be subject to the Discharge 
thereof, and may he attached or taken in Execution, and notwithstand- 
ing he has given Sufficient Security for the due Execution of that office. 
And those Sureties will be liable to the Persons, to whom the notes are 
payable. Yet 'tv/ill be a great Delay to the carrying on the Trade & bufi- 
nefs of this County; — for which reasons, and the avoiding the many law^ 
suits which will Certainly ensue, without your Honour will interpose, 
and remove the said Anderson from that office — We therefore humbly 
Recommend William Taylor now Inspector at Merriwethers Ware- 
house, as a Person in all respects well Qualified to Supply the office of 
Inspector at the Said Pages Ware House, of whose Honesty, Diligence^ 
and ability, for these several years past in that office, we have had ample 
Demonstration, to the great satisfaction of the whole County, And par- 
ticularly. 

Your Honours 

most obedient & most 

humble fervants 

JNO: CHI8WELL 
CHAS: BARRETT 
WILL*' WINSTON 
JAMES OVERTON— 
To the Rev* M' James Blair 
President of Virginia 



jWy9tb 



David Walker applies for Entry of Land in Prince George County — 



Account of the Lofs of the Ship ** Lucy & Nancy ** of Liverpool on 
the Eastern shore of Virginia — with protest for Insurance — 



1741 Petition of Rob* Green, John Blair Jun' &; John Newport for 1200 

acres of Land, &c in Orange County Ac — 



At a Court held for Richmond County the Third Day of May 1742 — 

The Grand Jury, John Tarpley Foreman ic, " they having Received 

their charges were sent out '* returned — The Rev: M*^ Blewitt of North 

farnham Parish, and County aforesaid. For a Common Swearer — also 

Preiemment of the "Presentment** of Luke Millner, one of the Church Wardens, 

agst: the said Tho* Bluitt for Swearing also — Presentment of Grand 

Jury, of which W°* Diggs was Foreman, against Rev: Tho* Bluitt &c, 

" for Being Drunk &c — also — enclosed proceedings of the Grand 

Jury of Nov: 5*** 1739 — 

George Glascock, Foreman, William Barber, William Diggs, Henry 
Siifons, William Baiiy, Arjalon Price, John Raynolds, William Broken- 
brough, George Glascock, Jeremiah Greenham, William Davinport^ 



J 742 

May 3(i 
Richmond Co 



Re?. Tbomai 
Bloitt for 
Drunk enneii 
aii4 Swearing 



CALENDAR OF STATE PAPERS. 



9SS 



James Oldham, John Hammond, Charles Dobbins, Thomas Dodson, 
Travers Tarpley, Henry MishcU, John Williams, Charles Jones, Dud* 
ley Benneham, and John Smith, were sworne &c-— went out and re* 
turned, 

^^ Wee present the Rev: M' Tho"^ Bluitt kc for being Drunk within 
six months Last year — &c 



I74t 



To the Honorable, William Gooch Esq' His Majestys' Lieut: Go ver- July 30th 

nor &c kc — 
S' 

We your pittionours humbly sheweth that we your Honours Loly Petition of the 
and Dutifull Subganckes hath ventred our Lives k all that we have In Frontier in- 
fettling ye back parts of Virginia which was a veri Great Hassirt k Den- appi^inlment of 
grous, for it is the Hathins (^heathens) Road to ware, which has proved Proper officen 
hortfuU to fevcril of ous that were ye first fettlers of these back woods *« ^^' ^^ 
& wee your Honibill pittionors fome time a goo pittioned your Honnour ***'*°" 
for to have Commisioned men amungst ous which we your Honnours moft 
Duttifull fubjects thought properist men k men that had Hart and 

Curidg to hed us yn time of &; to defend your Contray k your 

poor Sobgacks Intrist from ye voilince of ye Haithen — But yet agine we 
Humbly perfume to poot your Honnour yn mind of our Great want of 
them in hopes that your Honner will Grant a Captins' Commission to 
John McDowell, with follring ofishers, and your Honnours' Complyence 
in this will be Great fettisfiction to your molt Duttifull and Humbil pit- 
tioners — ^and we as in Duty bond shall Ever pray — 

Andrew Moore James Milo 

David Moore James McDowell 

James Eikins John Anderson 

George Marfit Joabe Anderson 

John Goof ~ James Anderson 

James Sutherland Mathew Lyel 

Mathew Patrar John Gray 

and many others. 

William Gooch Esq' His Majestys' Lieutenant Governor and Com- Avgwc ijtk 
mander in Cheif of the Colony and Dominion of Virginia — 

To Edward Barradale Esq' Judge of the Court of Vice Admiralty in 
the Said Colony — 

Whereas I am empowered by the Lords Commifsioners for Executing Form of Letiw 
the Office of Lord High Admiral of Great Britain and Ireland, Pursu- ?^ Mirqae ftc 
ant to an Act of Parliament, made in the tenth year of his present Jhe^CommoiU 
Majesties reign, to Ifsue forth and Grant Commifsions, or Letters of of Spain 
marque, at the request of any British vefsel, to any perfon or perfons, 
whom fuch owner or owners (Ihll nominate to be Commander or in 
cafe of death fuccefsively Commanders of fuch (hip or vefsel, for the 
apprehending, seizing and taking the Ships vefsells and Goods belonging 
to Spain or the Vafsals and Subjects of the King of Spain, or others Inhabit- 
ing within any of his Counties, Territories and Dominions, and Such other 
Ships, vefsells and Goods as are or shall be Ivable to Confiscation pur- 
suant to the respective Treaties between his Majesty and other princes, 
States and potentates, and to bring the Same to Judgm^ in bis Majestys' 



M 



9S4 



CALENDAR OF STATB PAPERS. 



tf4i 






in 















•cpt; ^ 



i5«^ 



CartliMGo 



high GoUpt of Aldminiky itil Eii|gkdid of soeb other Court of Adn iiii i y 
a^ sball be lawfiiUf authorize on that bdhiilf for protf^edinj^ a*d adjifdi* 
cattoft and condemnation, to bo thereupoii had, aitcordiiig to the Courte 
of Admiralty and Laws of nations — These are therefore to will sudt 
Acquire you, forthwith to cause a Commifsion or Letter of marque to be 
Ifsued out of the Court of Vice Admiralty of this Colony, unto John 
Copeland Commander of the Ship Called the Happy, Burthen about 
Two hundred Tons, mounted with Ten Carryage and Six Swivel Guns, 
and navigated with twenty-five men, to Set forth in Warlike manner 
the said Ship called the Happy, whereof, the (aid John Copeland is 
Commander and to apprehend, seize and take the Ships Vefsels and 
Goods belonging to Spain, or the Vafsals and Subjects of the King of 
Spain or others Inhabiting within any of his Countries, Territories and 
Dominions, and such other Ships Veisells and Goods as are or shall be 
lyable to Confiscation, pursuant to the respective Treatys between His 
Majesty and other princes, States and potentates, according to His Ma^ 
jestys' Commifsion and Instructions aforesaid — And you are to insert 
therein a Clause enjoyning tbe said John Copeland to keep an exact 
Journal of His proceedings and therein particularly to take notice of al( 
prizes which shall be taken by him, the Nature of such prizes, the time 
and place of their being taken and the value of them so near as he can 
Judge : as also of the station, motion^ and strength of tl^ Enemy as well 
as he can discover by the best intelligence he can get ; of which he froai 
dme to time, as he shall have opportunity to transmit an account to the 
Secretary of the Admiralty, and to keep Correspondence with him by alt 
opportunities that shall present — Provided, always that before you Ifsue 
such Comifiibn, Security be given thereupon ^CCcording^asT directed by His 
Majiistys hi^thJCtfonsto the Lords Commifsi6ih)e^^ of fhe Admiralty, a copy 
whereof retn^fns vHtft you. The said Comif^i6n to Continue in force 
'till further dtdkr ; For which this shall htytiur WiriPi^rt^— 

Giij^ uttdfer My hattd and Seal of the Colony^ at Williamsburg this 
13^ daf 6f Aupiii fit the Sixteenth ye^ of his Maje^ys' Reign— anno 
a Dom: ij4i — 

WILLIAM GOOCH— 



Plot of Survey of land on ^^Thorntbn alias Rappadan kiver'' bjc 
James Thomas Jnr: — including the ^^ Octavian Orant " and Thorntons 
Quarter *^ He— 



Carolitte C" ft : 

On the Fifteeittb day of November 1 74a 
We the Subscribers mett at the house of M' Etorotby Roy to Exaiti* 
Comphunt [j^ witnefties upon a Complaint made by Col: William Woodson against 
iSp^^w^*^^^ WilBam Alcocke one of the Inspectors at Conways Warehouse ; the sub- 
stance of wliose complaint is, as FoUoils, vras^ for his being guilty of 
I^ntiaiity in his Office for Passing Cutt Tobacco for Lawrence Ba;tail 
Gent when he refused to pafs the same sort of Tobacco for the si' 
Woodfon before. &c — ( Then follow the Depositions taken, of Christ: 
Demon and Joseph Sanderson) 

JNO: TALIAFERRO 
RICH^ TALIAFERRO 
RICH^ BUCKNER 



CALENDAR OfP STATE PAPERS. tiff 



Dee^ to eertttn Tfacts of LdUld in (he Northern Neck 6f Vii^'nh, 1741 
from Thoinas Lord Fairfax, Baron of Cameron Ac and Proprietor of ^ . 
the Nonbern Neck of Vit^ inia, To James Bland Jn** for 27 1 acres, in °^' *^ 
Mnee William Co«nty 

tflTerdin Pope 

John Robertson 

Philimon Walters 

Philimon Walters (the younger) 

Philimon Walters 
Frances Searren 
Dennis Connyers 
WiHiam Bland 
Jacob Holtzelaw 
M' Saml: Earl 



467 acres in 

235 *• " 

300 « " 

178 acres in 
172 " " 


P. 


« 


County Lord Fairy's 
(( Deedi, of Land 


P. 




(( to certain per- 
loni in 
County Northern Neck 
ii of Va. 


396 acres in 
236 acres " 


P. 


. W» 


County 
it 


298 " ♦' 
312 " " 




11 


11 
ii 


357 " " 
682 " " 




li 


it 
11 



George the Second, by the Grace of God, of Great Britain, ffrance, Dec. 15th 
and Ireland, King, Defendfer of the (faith Ac — To the Sheriff of New wmiborgh Va 
Kent County, Greeting, We Comand yow, that yow Summon WiHiam 
Citey Gent, to appear before omr Lieutenant Governor and Council, at Stepe taken 
tfefe Capitol in WHliamsburg on the sixteenth day of April next, being J®^"^* '^^W- 
the Second Day in the General Court, Then and there to Testifye and cJfurcfcTiii 
tile tj»ach to say in a certain matter Depending before the ^ Governor ft Sany Count/ 
GoiHiei} ffpon the f'etkiofi of Sevtfal of the Irthabrtants 6f the Parish 
of Albetyiarle, in the County of Surry in relation to appointing a Conve- 
nient Place for buildrng^ » M# Chufcti in (he said* parish and this, b^ \i 
in no wise to omitt at his peril, and vou are to make due return hereof 
to the Council office — Witnefs William Gooch Esq' our Lieutenant 
Governor at Williamsburg aforesaid, the 15**^ day of December in the 
Hi* yWir of oor Reign. 

ROIT BTAONTON— 



The Dividing Lmos beM«m Surtjr- €<" 4^ ble of Wight Q" Plo#-- 
prtseiM4 in refeir^Uce to prapoatd diviaite of Pariahes in Su^ Couaiy^-* 



* Writt — SummoAm JohaPitzgmiAd of Henrico C® to appear before 1744 
the Genenl^ Cotfffy aC tieit next Session at Williamsburg &c a ^« ..^ 

N. WALTHOE ^ ^ 



At a Court held for Spotsylvania County on Tuesday June ye 5^ June 5th 
1744— 

4c ^m Johnston Gent,, being asked whether he would accept & swear to Reasons why 
the Commiffion of the Peace; now Produced, Answered, That he would Gentlemen 
not. Accept and Swear to the sd: Commission because Anthony Strother, ^^^^^^^ 
Willikm Hunter ancF William Lyneare put in the Commiffion trithout and duties of* 
a Recommendation from the Court " — Justices of cU 

T)f* Kobinston Gent, bring asked whether he would accept to the ***■*• 

^- —■'.'-  », —    ..,. . .1. . 

* Fine priiifcd f4»ni AUAd^td tlih dtt«. 



YTM^', 



^J; 



CALENDAR OF STATE PAPERS 



?5;:^ 



>744 






Commiffion of the Peace, refused for the same Reason as Willtam John- 
ston Gent, had given — 

Francis Thornton Gent, being asked whether he would accept kc re- 
fused, " by reason he believes Doctor W° Lyne has begged himself 
into the Comm: being not Recommended by the Court, which he takes 
to be slighting the Court &c — 

Larkin Chew, Ric** Tutt Gent: W" Waller & Tho» Turner Jnr: 
Gent, all refused on the same grounds &c — 



'f- 


^:i 






J>-.:;: 


W' 


H- : 


H.i:-^ 


?|: 







« 


••. 4 




ff ? 


. 1 • 



t' I.' 



Tbos. Lee, Esq Whereas of late some misunderstandings and Differences have arisen 
fu T^p between His Majestys' Subjects of this Dominion and the Six United 
appointed com- Nations of Indians, and being induced by several Representations and 
miuioners to Mefsages interchanged, to believe that they are desirous to enter into 
treat with the Treaty with this Government &c 4c 

Six Nations i|c:|c *••#•««; 

Enow ye that I reposing special trust &c in the experience. Loyalty, 
Integrity and Abilities of Thomas Lee Esq*" a member in Ordinary of 
His Majestys* hon***® Council of State, and one of the Judges of the 
Supreme Court of Judication in this Colony — and of W" Beverley Esq' 
Col: and County Lieutenant of the County of Orange and one of the. 
Representatives of the People in the Houfe of Burgesses of this Colony 
and Dominion of Virginia &c * * * * * 

have &c nominated k constituted the said Thomas Lee and W°^ Bever* 
ley CommiiEoners &c to meet the Six Nations or Such Sachems &c as* 
shall be deputed by them &c * * * at New- 

town in Lancaster C Province of Pensylvania kc — 



1 745 

Jan. 11th 
Staflbrd Co 

Care mani- 



May it please your Honour, 

The last Commission of the Peace, your Honour, was pleased to iflue 
for this County^ wherein James Scot, John Grant & William Fitzhugh, 
Gent: are continued, as they are not residents in this County, we think 
ftatcd in organ- it our duty to inform your Honour therewith, in Order to have that 
Court!^* ^®* remedied, and therefore nave refused to conform, according to that Com- 
mission, until your Honours' pleasure be known— We are with the 
greatest respect — 

Your Honours most 

Obedient H.ble Serv^ 

Peter Hedgbmam 
To — John Hooe 

The Hon**** William Gooch Esq' Philip Alexander 

Henry Washington 
Ric° Bernard 
March 4'*^ Ric** Foote 

Read k Postponed John Peyton 

Peter Daniel 



March iiit Deposition of John Bates, in regard to his claim for lands in Eflex 

^ County ftc — 



ALEXANDER PARKER 
JOHN BATES and 
JOHN ROBINSON 



CALENDAR OF STATE PAPERS. 2S9 



Complaint of  against Thomas Pinckard Gent of that County, 1745 
as having been "presented by the Grand Jury, for Profane Swearing, April 24th 
has also been proved a Sycophant " ^^ a vile Slanderer," & he hath be- Lincaster Co 
come a Libeller " &c — 

(Mutilated fragment) 

Account of expences against Lord Fairfax, to W° Beverley, ** for 1746 
money Expended on the Line " ftc Jan. 30th 

Signed by 

W. BEVERLEY 



Sir, 

I am defired by the King of the Catawbas & the whole Nation, to ac- May loth 
quaint you with the following particulars, vl^^^ — That you signifie to his 
Hon' the Gov' that they once more thank him for the timely notice fent Letter from 
to them by you of their Enemies' dedgnes jpon yem, which in fact is J°**" ^^*" *® 
really so, they being now incamp'd within 100 miles of the Town & MomiTiPre- 
have solicited the Cherokees to build a fort within their Town, so that gard to Indian 
they may the better carry on their projects, in Order to subdue the whole «fla« .»» So, 
Colony of South Carolina, & to utterly Exterminate that Small nation ^*^®'*"* 
k to prevent the approaching Danger, the Gov of South Carolina is to 
meet with the heads of the Cherokee Nation at "96" — 

His Excellency has been so good (knowing our present needy Condi- 
tion) to help us with powder & ball, together with two Pattarrasas, that 
we may be able to stand the shock of so formidable an Enemy — And 
we dedre that his Hon' the Gov' of Virginia, our very good friend, will 
also contribute to our aflistance with the like Amunition that we may be 
the better able to stand the brunt of Peter Chatie & his 500 men & the 
other Troops which he expects to assist him — We expected his, Hono*" 
would have comply'd with our defires before this time. Seeing our Case 
is so dangerous k that there is no making a defence without fomething 
to defend with — 

• 4t • • • 4c • 

I wish you well k am yr: very humble ser^ 

JOHN ± ELLIS Jn* 
To M' Henry Morris. 

Henry Downes' Account with Coll: Lunsford Lomax, ^^ for the ufesept. i5tii 
of His Majesty and Lord Fairfax " &c — 



* Necefaries to be provided for Running the Line — the beginning of September 

September 1746 as Estimated <£. S. D. 

Persons desired to 
get ready — 

Major Champq 100 Galls: Rum 19. 

M' Taliafero 500'*^ Bread or 1000^^. 3, 

Col: Carter 30 4-gallon Runlets 5. 

M' Taliafero or looo"^' Bacon i6. 



10. 


— 


2. 


6. 


0. 


0. 


^3- 


4- 






* For rbnning the line of lord Fairfaz't grant in the Northfern ?^eck. 







$40 



^t >>i.: 



Jr. .i: 



'«»J' . 






»74^ 



CC 



CALENDAR OF STATE PAPERS. 



Maj' Ch^mpe 12 Sacic Bgggs 

Col: Carter or ^ Cask Madeira Wine 

Maj' Champe D'^ 4 Kushells of Salt. 

D*» I*** Pepper 2**^ 

D"" 6 Kettles 

D*» 6 Tinpots 
W. Fx: pd: 20**« Chocolate 
Col^ Lomax, 10 Tents of Duck, at Least 
M' N. Chapman ) 6 axes 

to be of the best k proof j 6 Hatchets 
Col^ Frye— Physick 
Col^ Carter 23 Bells k Straps 

D^ Spare Girths & Sturup Leathers 
j)o ^^ib. Gunpowder — 

D^ ioo^*»* shot & Ball 
D** 200 Gun Flints 
Maj' Champe — 10 Loaves of Sugar 

D^ 4 frying Pans 

Maj' Campbell 20 Horses at ^8, agreed for £6 
14 Men 6b Days at 2 | 6 p: Day 
Meal, Beaves, Corn and other incidents — Awls 
k Ends. 



} 



4- 


4- 


0. 


6. 


10. 


0. 


I. 


0. 


0. 


0. 


3- 


Q 


3- 


0. 





0. 


10 


— 


2« 


10, 


— 


10. 


IS- 





I. 


10. 


— 


0. 


18. 


— 


I. 


0. 


0. 


7- 


10. 





2. 


0. 


0. 


3- 


0. 


0. 


3- 


6. 


8 


0. 


4- 





5- 


0. 


0. 


I. 


10. 


0. 


160. 


0: 


0— 


112: 


10. 





60: 


00 


a— 


43»- 


6. 


6. 



N«f. i6di 



Invoice of Goods k Provisions, used — and lost, on the Survey of the 
Shenandoah Valley — ^^ brought from Capt: Downesons' " with n^mes of 
men enlisted and discharged in that service <kc Horses, Rum in large 
qgantity. Wine — All kinds of Implements, Chocolate ! Wafers ! ^^ Drop 
fliott *'— Candles, Pipes— * Stone Chissels" "Tomahawks" (Bkck 
Jacks "?) &c &c— 



An Account of the Expenses of Runing the Boundary Line of the 
Northern Neck, paid by the Commissioners — and the Mens' Wages, 
paid by Coll** Fairfax and W" Beverley Com' for sd: F — 



1747 
April 25rk 



^^ An Account of Sundry Expenses on running die Boundary Line« 
between his Majesty and Lord Fairfax *' — Paid by His Majestys' Com- 
m" (Then follows a List of Names of Persons to whom sums of money 
have been paid) — among them are — Henry Downs, Andrew Campbell, 
Feilding Lewis — ^John Gordon, William Nelson, L. Lomax. Charles 

Carter, D' George Gilmer, Brooke & Jefferson *^ to the Barbers at 

Fredericksburg ** — Some of the articles and Prices thereof — 



Kettle k pewter Bason 
for a Bagg 
for a horse 
for two hor^s 



19. 

3- 

4- 
S. 



s; 

6 

6— 

10. 

10. 



i. 



CALENDAR OF STATE PAPERS. 



tM 



for an Ax — 
** " Tent 
" 7 horses 



I 

21 



4 
3 



5- 
i8. 

7- 

5. 
o. 



6 
o 
o 



«747 



Barrel of Sugar 

Horse bell and pack saddle 

&c 4c &c — 

iusHUA Fry Examined by 

rUNSFORD LOMAX JOHN BlAIR D. Aud' 

PfiI£R HfiDGEMAN 

(Copy) 
W. FAIRFAX 



Blanfi?Id May ii**» 1748 — 1748 

Received of the Honble William Fair&x Esqrthe sum of Two hun« Maj iitii 
dred & fifty Pounds Sterling, on account of my being one of the Com" Blaafieid 
for yc Lord Fairfax, for running the Boundary Line — I say recev^ hf 



mc — 



W. BEVERLEY 



It is Ordered by the Council, that the following Representation and > 749 
Resolutions made and agreed to this Day, with respect to the Resolves March i7tli 
of the House of Burgefses, in relation to their pretended Right of 
Searching the Journals of the Upper Houie of Afsembly, be printed in chamber 
the next Virginia Gazette — 

N. WALTHCE, 0. G. A— 

As the Council have often demonstrated the sincerest Disposition to Right of the 
preserve a good Correspondence with the Houfe of Burgefses, and al- H.ofBargtttes 
ways paid a due* Regard to their just Rights, they are the more astonish 'd j^^^, of the 
at the resolves in their Printed Journals, of the 10^^ k 14^^ of this In- Council deniei 
stant ; by which the Council Stand Accused, without the least shadow ■•*<* 5*** P"* 
of Reason, or Justice of having violated an undoubted Right and Privi- ^^^"^ 
lege of their House — 

Had the Burgefses, agreably to the Parliamentary method, before they 
made these hasty Resolves, vouchsafed to desire the Reasons' of the 
Councils' Conduct, they could not have had any Thing to object to it 
and would have receiv'd the fullest satisfaction — Whenever either Houfe 
has been difsatisfy'd with the other ; Conferences have been usually 
desir'd, and the subject matter of Dispute amicably Debated, and thereby 
misunderstandings commonly rectify'd and that harmony and good agree- 
ment, which ought always to subsist between them, cultivated and main^ 
tain'd — 

But since the Burgefses have presum'd to run counter, to this ancient 

decent, and established m^hod, having probably had nothing lefs in their 

Thoughts, than a becoming Respect, and perhaps conscious that they 

had aaed in Opposition to Reason and Precedent : the Council find 

themselves under the unpleasing necefsity of publickly vindicating the 

Legallity of their Proceedings, which has been reflected upon with sii^ 

misuken Heat, and onparaUeled Severitir — 

The Question is whether the Burgefses have an undoubted Right, to 
ftarch the Journals of the upper Houfe without their Leave— 

81 



9j^z calendar of state papers. 



1749 The Council say, that the Constant and uninterrupted Practice, is the 

Law of Parliament : that this pretended Right, now claimed by the Bur- 
gefses, was unknown to any preceding Afsembly : that the regular course 
to obtain a knowledge of their Proceedings in any matters, transacted in 
their Houfe, is by a mefsage to desire to be informed thereof: and insist 
upon this method being agreeable to the Proceedings of Afsembly, well 
warranted by Precedent : and what the Burgefses could never have 
doubted of, had they consulted their own Journals — The Council to 
confine their Afsertion, and prevent all future Controversy, have thought 
proper, to exhibit the following Copies of Entries upon their Journals — 

In their Journal of the 20'^ June 1730, there is enter'd **a mefsage 
from the Houfe of Burgefses, by M' Kemp and others, — 

" May it please Your Honours, 

Precedcntt es- The Houfe of Burgefses being informed that a Paper was enter'd in 

taUithing the y^uj Journal on Thursday last, by Richard FitKwilliam Esq' containing 

anumed by the Several unjust and Injurious Reflections and Calumnies upon them and 

Council their proceedings, highly derogatory to the Honour of the House, and in 

open breach and violation of their undoubted Rights and Privileges have 

ordered us to desire your Honour to send them a copy of that raper as 

it is entered upon your Journals '' — The Council immediately took the 

mefeage into Consideration : and after debate thereon, the Question was 

put — -That the Copy of the Journal of Thursday last, so far as it relates 

to Richard Fitzwilliam, Esq' be sent to the Houfe of Burgesses — It 

pafsed in the Affirmative, and a copy was accordingly sent to the Houfe of 

Burgefses by the Clerk of the General Afsembly " — 

This Precedent was made, when M' HoIIoway was Speaker, and M' 
John Randolph (who drew the Mefsage) Clerk, both Eminent Lawyers, 
well acquainted with Parliamentary affairs, zealous and careful of the 
Privileges of the Houfe of Burgefses — 

The next Precedent is on the Councils Journal of the 25^ of August 
1736, when Sir John Randolph, was Speaker, as follows — 

"A mefsage from the Houfe of Burgefses by M' Willis and others — ** 

** That they defir'd to Know what their Honours had done with the 
Bill sent up from their Houfe ; Entitled An Act for repealing the Act, 
entitled An Act for Amending the Staple of Tobacco and for Prevent- 
ing Frauds in His Majesty Customs &c " 

"Ordered 

^' That the Clerk of the General Afsembly, go to the Houfe of Bur- 
gefses, and acquaint them, in Answer to the said mefsage, that the Coun- 
cil have had under consideration the Bill, entitled An Act for Repealing 
the Act for amending the Staple of Tobacco, and for preventing Frauds 
in His Majestjs' Customs, and two other Acts, to amend and explain 
and for continuing and further amending that act, and having read the 
same twice, upon a question put, for reading it the third time it pafsed in 
the negative " These Instances, incontescably prove whose Rights have 
been invaded ; unanswerably then, what the present Houfe of Burgefses 
ought to have done, and sufficiently justify the Proceedings of the Coun- 
cil, and these their Resolves — 

Resolved, That the Privilege claimed by the Houfe of Burgefses in 



CALENDAR OF STATE PAPERS. 



i»^> 



■iTiTe 



their Resolve of the 14^ of this Instant March, is new, unknown to their 1749 
Predecefsors, and inconsistent with the Constitution — 

Resolved, That it is the Right of the Council, to Keep the Posses- Coaciution, to 
sion of their own Journals, and the Demanding their Journals, by the ^^^ ^^^ 
mefsengers of the Houfe of Bureefies, as they report to their Houfe the "* "' 
10^ of this Instant March, is a Breach of the Privilege of the Council, 
and that the Resolve of the Houfe of Burgefses of the 14^ also of this 
Instant March, without asking a Conference, is injurious to the Coun- 
<^il, unparliamentary, and a notorious Infringement of their indubitable 
Rights— 

N. WALTHCE C. G. A— 



^ 



he 



hi 
said 

u 

*no 



B 

in 

the 

a 



t:Hi 




t' 



i> 



1^ 
^ the Honourable the Council — 

'William Parks, Printer humbly begs Leave to lay before your Honours, 

^xeat concern and affliction he laoours under, by having inadvertantly 

under Your Difpleasure, for not Printing Your Orders in the 

tte. Had he been fensible it was a Duty enjoin'd in his Contract, 

^ the Legislative Body, as Printer for the Colony, he would not have 

i^ated one moment in the cheerful Disfcharge of it : But as on one 

he apprehended the Observance of that Order, was not enjoin'd 

^y his Contract, and on the other, that the matter contained in the 

C3rder would give great Offence to one of the Branches of the 

~ ^lature, with whom he contracted, and thereby greatly prejudice, if 

uin himself and Family, he confefses with the greatest Humility his 

of judgment in what manner to act, in this nice and Critical Point. 

lierefore most humbly prays. Your Honours will be pleafed to take 

your Consideration the above Circumftances, the Infirmities of 

in nature, and the Difficulties a man mufl naturally meet with, in 

truggle with himself, when compelled to be an InflrumenX towards 

^vrn Ruin — And he with the greatefl Submifsion hopes, from thence, 

^our Honours, in Your Known Goodnefs and Chriflian Compaf- 

will be pleas'd to put the mofl favourable Construction on him, for 

involuntary Offence : for which he moil humbly asks Pardon ; and 

Cor the future take the greatefl care to avoid doing any thing that 

give Offence to Your Honours, and always be ready to act and 

^e in fuch manner in his Station, as will, he numbly hopes give your 

^urs Satisfaction of his Willingnefs to oblige Your Honours as far 

in his Power— 

'. W» PARKS— 

fs: 



Apology of the 
Public Printer 
for apptreat 
neglect of duty 



k 

Vk 



lie Examination of Henry Lenard of this County, taken before me 
iam Harbison, one of his Majesties' Justices of the peace for fd 

&c — 

Ills Exeminant faith that about the Last week of April 1 749 there 

5 feven indiens to the houfe of Adam Herman of this County, and 

Rob the fd houfe of nine Deer Skins & one Elk Skin — the next 

Came Six indiens & Did Rob the fd houfe of fourteen Deer Skint 

e Elk Skin — ^ and the next Day following there came a number of 

iis to the fd : houfe and Did Rob, or take out of it feventy three 

Skins & iix Elk Skins & twenty seven Pounds of Leather and Two 

Skins in Parchment &c — 

WILL HARBISON— 



1750 

Maj iSth 
Avfoitt Co 



IndUni rob a 
hotiie of Deer 
and Ilk Skint 



§^ CALENDAR OF STATE PAPERS, 



1750 ^A Stated account of the Bill of Charges of the Indian Warriors, on 

^ . their travells to Warr in 1747." 
***^ ^"^ Then follow the items. 

Avfoita €• ^^Augusta C® to wit: 

This day came Archibald Armstrong, before me John Lewis, one of hi» 
Matt*" Juftices for y* peace, of the fiiid County, and made oath, that he 
bad received no fatisfiaction for y" above accounts, Certified under my 
hand this 30 day of may 1750 

JOHN LEWIS 



Oct. khJi Petition of Commander of Ship ^^ Nostra Seniora ;" with warrant for 

survey of said ship ; she having been disabled at sea, and declared to be 
unseaworthy by 

(JNO: STEPHENS J. PHRIPP 

Board of ] UY: ADKINS MAX: CALVERT 

Inspectors (A. LAMBERT 



Sir, 
Dec. i3tli A few days ago, I came acrofs a Letter, Directed to the County Lieu- 

CMnberiaodCo ^^'i^'^^) ^^ Commander in Cheif of Cumberland County, and as I know 
of no such Person, but that myself had born the highest Military Com- 
miffion of any Person, now amongst us, I opened it, and found the con- 
tents, to be Defiring the Number of Troops and Companies, with the 
Officers' names, as low as Captain, k the number of Common Soldiers 
in our County — and as I have open'd it I think I must Anfwer it — and 
inform you that we have neither County Lieutenant, nor any other 
Military Officer amongst us & Consequently no Soldiers, for no Com- 
mission has ever appeared amongst us, Since we were in the County of 
Cumberland — 

I am 

Sir, your moft humble ferv^ 

GEO: CARRINGTON— 
To 
N. Walthce Esq; 



* A List of Surveys made in Orange County since June 1739 and 
Caveated by M' William Rufsell— 



1751 " The 6/>vernment of Virginia to James Patton of Augusta D'— For 

Supporting the Indians from Williamsburg to Reed Creek in Augusta '* — 

acpt. 16CI1 ^-j-jj^y ^^^^ yp ^^ j^ j^^^^ ^o House, to Hanover C« House, & Pages 

AwM Cww Warehouse, by M' Tho» Lankfords' and Winstons* Ordinary, to £K 

KV^Trtitll! ^^* Walkers in Albemarle, by Ferrels' Ordinary to W Woods 4c) 

Hb| Indiaat The accouHt Contains the usual items nece&ary on such a journey — 

vw — lodging for the night — Liquors, Butter, salt— Corn Meal, beef k 

Tobacco, Brown Linnen, and pay for an Interpreter &c — Joumcjr 

lasted from Aug: 9^ to 18*^ September — 



* This lilt coBttiM more than one hwidrcd ntmct now hmXtMj kaowa la Virftaia* 



CALENDAR Ol 

^(^^^ol Thomas Cresaps Account 

•wished him, in the Indian Servi 

,-'\::^ -■ «cms mentioned — White W 

*^',;;^*-»myhawk, Tobacco, Tent, L 

Bread^Black Waoipum — &c 

i^^r_J^anuel Marttnes y Aeuiat, M 

X"^*! called «S' Peter --drivci 

V^^^-edrcss s^inst one Capt: Kell 

^^cr veflel, in which to transport 



Shcrif of Accomacs' Account i 
of Virginia Ac &c 

Thomas Cresap to 

May it please your Hone 
Having just now received the 
MuDtour, who is on his journey h 
proper person to be our Interpr 
amongst White people and Indian! 
I thought proper to communicate 
which is ai follows ; that a few 
there came Seven French Traders 
(he Indians to a Council. Accort 
to hear what they had to say to i 
Town at that time, the Indians re 
him, tho' the French were very ui 
tcr, but finding the Indians would 
admit him — They produced a Strii 
brought from the Governor of Cai 
to invite the Shannah Indians to a 
early in the Spring, when sundry n 
municated to them from the said C 
livercd from him to them — 

M' Montour informs me that h 

between the French and the Indii 

Fort called Detroit on Lake Fare, 

to the Ohio, and gives the foltowii 

new Fort at a Place call'd Kyhogo 

that there was a great number of . 

order to cutt of a Nation of India 

the French about fours year aeo & 

but the Tawayt and Chipos mterj 

Council wkuch was caJled and a 1 

ibey understood that cbey were : 

the Picks, which if they did, they si 

upot which the French desisted go 

^""g, but tho' they did not thenj 

dl^s tvhich they had brought with 

Seventy called Adarundacks, sent 1 



i4^ 



CALENDAR OF STATE PAPERS. 



1751 

Difficulties be- 
tween the 
French and 
Indian! 



The Adarun- 
dacka tcalp 
tome of the 
Twingtweei 



French scalped 



Interpreter! not 
to be relied 
open 



Indians in their way to the Picks, called at th: Ottawas all painted 
for war the Ottawas enquired where they were going, on which they 
shew'd them the Belt of Wampum and Hatchet they had received from 
the French & told them they was going to war against the Twingtwees. 
the Ottawas told them that the Twingtwees were married and intermar- 
ried among them, and the Ottawana King, upon the Cap^ of the Arun- 
dacks insisting to go on, threw down his Tomhawk on the Ground, and 
told them that if they moved one Step further he would have their 
Scalps or elfe they his while they were partying three of the Adarun- 
dacks stole oiF unperceived & went to the Twingtwees and Scalpt an old 
Man & Woman in the Corn Fields & carried them oiF, but the rest did 
not proceed — the Twingtwees followed them on their Tracts till they 
came near the French Fort, which made them imagine that it was the 
Ottawanas that had struck them, and were preparing to revenge it, till 
the Fianguisha Kings' Son, who was married to an Ottawana Wo- 
man, came and told them who it was that had done it, and that it was 
the French that had set them on. upon which the Twingtwees sent out 
three men, who brought in two French Scalps & they now wait to see 
how the French will take it before they proceed any further — M' Mon- 
tour informs me that the Indians at the Ohio, did not rightly understand 
the purport of the Meflage sent p: Col*' Patton for them, for the Inter- 
preter which he had to deliver it did not do it right, or others since have 
Interpreted it otherwise: some telling them one thing and others another, 
so that they are confused about it, and I beleive what M' Muntour says 
is true, for I was informed of the same by others that came from thence 
before, and as the Persons, employ'd as Interpreters by the Col® were 
Pensylvanians Sc disaflfected to us, it was in their Power to deceive him 
and the Indians also, therefore my Opinion is that it would be neceflary 
for your Honour to send out M' Montour to the several Towns and 
Nations settled on the Ohio in Amity with us & in particular to the 
Picks and Twingtwees who are all as one, and live together, to send some 
of their Cheifs to the Council, they having great faith in what he says to 
them. I dare Engage for everything Your Honour puts under his direc- 
tion to be faithfully and honestly done, being thoroughly convinced of 
his integrity. I am certain from my own knowledge that the Indians 
put very little faith in any of the Traders, some telling them one thing 
& some another, therefore I really beleive the Indians are under some 
concern to know the Right. What induces me to give Your Honour 
the trouble of reading so long an Epistle, is, Your Honours' and the 
Gentlemen of Virginias' being Strangers to the Indian Ail&trs, therefore, 
I thought it proper to inform you so fully, the proper way to invite the 
Indians to a Treaty is, to fend a Belt of Wampum, which signfies that 
you have something of Importance to Communicate at a Council^ the 
time of w^ (hould be then agreed on: and not to mention the Business 
till the time of that Council is come, the Remarks the Indians made 
on the Mefsage from the Hon^^* Lewis Burwell Esq' by Col^ Patton, 
was that he had told them his Business then, and therefore they had no 
occafion to come to a Council to hear the same thing over again— 

Importance of M' Muntour likewise informs me, that it will be in Your Hon** 

i^tkdnwing Power to Reconcile to our Interest the greatest Body of Indians, that 

fiwB^T** *^^ '^^^ ^° ^^^ Continent ft to draw them from the French, which will 

Pmch be a matter of great Confequence to his Majesty, as well as much 



Mr. Muntour 
to be trusted 



Proper way to 
amngc for a 
Conndl 



J 



CALENDAR OF STATE PAPERS. 



U7 







Credit to Your Honour, for doing so great a Piece of Service to the 1751 
Government — 

One James Finley and another are fuspected to be taken and carried 
off by the French, who make a practice of taking ofF our men every 
Year, therefore I think it highly neccfsary to take the French that are Repriuli 
at the Loggs Town & detain them *till thofe of Ours taken last Year, ^^^oM be made 
as well as thofe suspected to be taken this year are Restored and Rcstitu- F*gn*^'^* 
tion made for the Goods taken with them. M' Muntour tells me the 
Indians on the Ohio would be very glad if the French Traders were 
taken, for they have as great a dislike to them as we have, and think we 
are afraid of them, because we patiently suffer our men to be taken by 
them, without making Reprisals of them the same way. I am of 
opinion, if it would not be too fatiguing. Your Honours Personal 
sonal Prcfcnce at the Treaty would* be of great Consequence — I am with 
^he Respect — 

Your Honours' moft humble Ser^* 

THOMAS CRESAP. 

^^anish Wreck on the Sea Side of Northampton, In account with 1752 
^^ m Hog — &c &c — For Ferriage acrofs the Bay to Communicate with April zoth 
Council, Lawyers' fees, saving cargo, rigging. Clerks & Sherifs fees Northampton 

County 

Regulation proposed for the County of Stafford^ ^^.^ ^^^ 

illiam Fitzhugh — County Lieutenant — Henry Fitzhugh Jn' Colo- Suflbrd Co 
f the Militia — Francis Thornton Lieuten' : Col : & W" Fitzhugh 

^>r of Horse — Bcnj Strother Major of Foot — Gcrrard Fowkes i*^ 

"C &c &c — 






ilson Cary, County Lieut : of Elizabeth City — sends return of the Nov, nd 
[^Officers of said County viz: "John Hunter Col** — John Tabb ^^^^ ^ 
j or of Horse, & Rob* Armstcad, Maj: of Foot — " The whole Militia *°^ °°* 
sists of One Troop and Two Companies, — I mention the Captains lUt: city 
rding to y* Dates of their Comifsions — Cary Selden, Capt of 100 MilWa 
—Charles King Capt of Troop 66 men — Westwood Armstead — 
: of Troop 60 men — 

WILSON CARY 

1753 

April 9th 



List of Officers and Common Soldiers in Efsex County, under the 
CoTOinand of the Hon: Richard Corbin Esq'— 

JPHI^ CORBIN, Col: of Militia Capts: 
Thoiwi^s Waring 1 ^ , Horse Forest Upshaw 



W 



} 



Col: 



Foot 



p, C>AKGERFIELD 

«?-^»»: Smith \ .. . Horse 
Roan | '^^J"" Foot 



W 



James Jones 
W" Covington 
Fra: Waring 
Rich^ Tyler 
Thos: Edmundfon 
W" Garnett 
Saml: Hipkins 
Simon Miller 



no of men 

65 Bwex Milida 

59 

43 

70 

59 

51 
69 

73 
70 



R. CORBIN. 



559 



Bj^8 CALENDAR OF STATE PAPERS. 



1753 The Deposition of John Finley of the Province of Pensylvania, fiiitii 

that he was at Shenoppini Indian Town about the fourteenth or fif- 
teenth of June 1753) where W'^ Rulsel, was, by a Commifsion from 
under the hand of the Hon^^** William Fairfax Esq' to negotiate afllairt 
with the Indians, relating to the troubles with the French. That the 
said W"^ Ruflel informs me, that there is some person hath spread &lse 
reports of his behaviour, as being drunk and misbehaved, and affronted 
the Indians in Council — I declare on my Corporal Oath that I was in 
Company with the faid W*" Rufsel the fifteenth & sixteenth of the fkid 
June when Barnabee Corrain offered the said Russells' motion* to the 
said Council, that the said Russell was Sober all the time he was in his 
Company, and behaved as civil as any man could doe, and that the 
Ind'ans behaved civilly to the said Rufsell ; and that he beleives the said 
Corrain came there to circumvent him in the aflfair, he was sent out 
upon — 

Sworn, to, before me — 

JAMES PATTON 



July a6th The King, Headmen and Warriors of the Catawbaws — to their Loving 

Broth' the Governor of Virginia — 

Menage of the We are very much oblig'd to you for the advice you gave us by M' 
'f*"' *^^'^^ Morrice (Morris) and the care you take to preserve us from our Enemy, 
bawi to the ' ^^^ ^^ Y^^ h2LV^ acqu'^ us that the French, with their Indians have 
Gov. of Va taken up the Hatchet against you, and disturbed your Settlement, you 
may depend on our doing our utmost to drive them back & Kill them — 
But we are in a Low Condition at present, — many of our people dying 
daily of the Flux, and the Enemy has been about and lately Killed Four- 
teen — We are in great hopes that its non of Five Nations, that made 
Peace with us, wee cannot think of these Brave nations, nor the old 
white headed man that shuct hands with me, would break his word, and 
likewife his pledge that I now have, and shall keep forever — 

Our ears have been always open to your Talk, and we shall ever be 
ready, at all times, to afsist you, and all our good Friends ye white peo- 
ple — We shall want to see our Friends the Cherokees and Consult wt 
them and you may depend on our doing our uttermost to Drive those 
people from our Lands, and prevent their settling there — We desire you 
will send us some Powder and Bulletts and Weapons, for we are at pre- 
sent very poor and unable to buy any— -Your ans' we expect by M' 
Morrice, as he is to return, to go along with the Cherokees, We like^ 
wise desire you to writte to the Governor of New York that he may 
acq^ the Five Nations, how much we are opprefsed by the French Indians 
and that they have killed Fourteen of us*- We have been after them 
often, but never come up with any of them, but one gang of Eight, and 
we killed four of them, and wounded one more ; and as we have made 
Brothers with the Five Nations, and are now One People, we hope they 
will afsist us to get (atisfaction, as we have given our Pledge to one 
another, to stand by other, as long as one of us is alive — We shall wait 
the return of M' Morrice, and we shall then Join our Friends, the Che- 
rokees, and go with them to the place appointed, with what men we can 
Spare, and drive the woods, and Kill or take all we come acrofs^but we 
must leave some of our people at home to guard the Towns and the 



CALENDAR OF STATE PAPERS. 249 



women k children — We expect you will send directly to the Five Na- 1753 
tions, for them to meet us, and we will Join, and go all together. This 
is all we have to say 'til we see the bearer M' Morrice return, from your 
Friends k Brothers 

mark mark 

CAPT: X NEWCOMER KING X HAGLER 

Ms his 

mark mark 

CAPT: X JEMY CAPT: X DICK 

his his 



This day came before me James Patton, one of his Majesties Justices 1754 
for the County of Augusta, George Hoopaugh, being sworn, saith that ^^^^ ^^ 
about the 7'^ day of May Last sixty Norward Indians, came to his 
house, on Sinking Creek, a Branch of Woods' River, and Burned Auguita Co 
down his House and Stable, and in the house there was fifteen bushels Indian Depre- 
of wheat — at sundry times before, that they Indians Threatened him, ^»t*on« »» 
Burned his Corn k Killed his best Dogs, so that he was obliged to remove "'"'** ^ 
for fear of further Damage, and Leave his winter Crop in the Ground 
which was Lost — ^and that there was three Creatures Killed in his Field, 
he beleives was Jacob Harmans', and further this Deponent Saith not — 
Ac &c — 

JAMES PATTON— &c 



The Government of Virginia to William Trent — D' April 8th 

For Carriage of Fourteen Horses Loaded with Powder, Lead, and Some of tlie 

Flints, from Col. Cresaps' to Ohio River, at 2 Pistoles a Load is 28 *""* °^ *^?'^ 
PUfnli« hr ^""*"^ *«**"* 

riStOiCS «C— jj,^ GoTern- 

To 12 Deer Skins — For 9 Doe Bear Skins — 3500, Blaek and White ment&c 
Wampum — For Piece of match coat (?) to wrap powder in — Indian Agent 

I Gun, I Pistol and Match Coat, gave to me of the Six Chiefs of the 
Six Nations, who came down from the Upper Towns, — as he came upon 
Businefs he brought no armes with him, he said it was hard for him to go 
home without arms, as he should run a great Risque, as he was obliged 
to go tlirough the French to warn their People 'from amongst them — 
One Cafe of neat Pistols "gave to the Half King and Monecatootha, 
and 2 fine Ruffled Shirts and 2 plain fhirts for themselves and Wives — 
These given as a particular Present, sent by the Governor to them — 
&c &c * * * * *  

N. B. — There is no carrying out Powder without Skin Wrappers &c — 
there is no such thing as Carrying Powder, without damaging without. 

WILLIAM TRENT— 



Account Current — Government of Virginia with C. Gist — Giifi account 

... ^^ — Waihing- 

Containing Items of Same Character with those above — He was with ton 
Major George Washington at the time this account was made, as shown 
by one item viz : To i horse Killed, helping in, the Indians by Col: 
Washingtons* ord*" )-£$* 0- 0. — 

32 



$60 



CALENDAR OF STATE PAPERS. 



1 754 " The answer returned by the Big Kettle to a Speech, sent by him 

from the Six Nations to the Vendates, Leting them Know how near the 
Danger was, and what they intended to do " — 

Meuage of the We heartily thank you Our Brothers, the Six Nations, Deliawares, 
«Big Kettle" and English for your care in Letting us Know how near the Danger is — 
In Forty days, we intend to meet at our Canoe place and there, we shall 
all conclude how to manage our affairs — ^and one to go to our Towns in 
Ten Days more after our Fathers may call us to Councill — But we shall 
not mind anything they will say, you may depend on it. Last Fall 
the French sent strict Orders to all their Commanders down to Mifsif- 
sippi, and ordered them, on sight, to call all the great Plain Indians 
together, and to bring them along, in order to meet Somewhere on the 
River to Cut ofF all the Indians and English of all nations Early in the 
Spring — 

The above Speech was Delivered to the " Big Kettle " to be sent to 
the Six Nations, English and Delawares — 



1755 

March loth 

Virg*a 
WiUiamiburg 



Gov: Dinwiddie to Gov' Morris — 

"Sir 

Your Favour of the 26^^ ult°: I received Yesterday — I am very glad 
You prevailed with Your Committee for the Flour of 14000 bush* of 
wheat, to be delivered at Conogacheek : this is a very Seasonable Supply, 
as that quantity with what I have purchased, I hope will answer the 
Breadkind, & I hope I have Salt Proviiions sufficient, but must entreat 
You to direct the delivery of the Flour with all imaginable Expedition : 
as the Transports are mostly arrived, I hope the General will take the 
Field soon & I would gladly hope that no Delay should be on account of 
Provifions — 

I hope You will see it necefsary to call y^ Afsembly immediately now 
the Forces from Britain are arrived, to enaeavour with them to raise a 
considerable Sum of Money : for if it please God to give the General 
succefs in taking the Fort on the Ohio, it will be necefsary that a Gari- 
son of 250 men be left in it (at the charge of different Colonies) not to 
prevent his further Defigns & this charge I think should be bore by the 
Colonies, otherway his taking the Fort & leaving it without a Garifbni 
Trill encourage the French next Year to retake it & in course, keep the 
Colonies in continual war : whereas strengthen^ ourselves on the Ohio 
as above, I am in hopes may prevent any further attempts from the 
French & protect our Frontiers — and as a great deal of money will be 
wanted for that Service, I have called on our Afsembly to meet the first 
of May, in hopes to prevail with them for a further supply, for 100,000 
now will be of more Service, than a million some Years hence. 

The General goes for Alexandria the Beginning of next Week & ex- 
pects Gov : Shirley to meet him at Annapolis, & I propose to wait upon 
him to that Place — 

I remain with very great respect 

Sir, Your most obed* hblc Serv* " 



*Gen: Braddock. 



CALENDAR OF STATE PAPERS. 



£61 



I and Tho* Forster Esq% M' John Harris, M?" McKee, with upwards 
of forty men, went up the river y® 23d Inst: to Capt. McKees' at New 
Providence, In ord' to bury y® dead lately murdered on Makanai Creek : 
but understanding that the Corps were buried, we determined then to re- 
turn Immediately hence; but being urged by John & y® Old Belt 

of Wampum, to go up to See the Indians at Shamokin & Know their 
Minds, we went on the 24^^ and Stayed there all night : & in the night 
I heard Some Delewares talking, about twelve in number, to this pur- 
pose — What are the English come here for ? — Bays another — to kill us 
I suppose, says another. Cant we then send oS three of our nimble young 
men, to give our Friends notice, that can soon be near'' — Then soon 
after, they sung the War Song, and four Indians went off in Two Ca- 
noes, well armed — the one canoe went down the River & the other 
acrofs — On the morning of the 25*^ day, we took our Leave of the In- 
dians and sett ofF homewards, and were advised to go down the East side 
of the river — Snare might be laid on that side, we marched off peaceably 
down the West side (of the river) haveing behaved in the most civil & 
Friendly manner toward them while with them ; and when we came to 
the mouthe of Mekanai Creek, we were fired on by a good Number of 
Indians that lay among the Bu(hes ; on which we were obliged to retreat 
with the lofs of several men ; the particular number, I cannot exactly 
mention, but I am positive I saw four fall & one man Struck on the 
head with a hatchett in his (light acrofs the river — As I understand the 
Deleware Tongue, I heard feveral of the Indians that were against us. 
Speak a good many words in that Tongue, during the Action — 

AD°» TERANCE— 

The above Declaration was Attested by the Authors Voluntary Quali- 
fication, No Majistrate being present at Paxton, this 26*** of Oct : 1755 
before us — 

JOHN ELDER 

and nine Persons 
CHRIST^ GIST— 



^755 

Oct. 26th 

Paxton 

Account of the 
murder of 
English at the 
mouth of 
Mehanai Creek 



1756 

Capt : Arbuthnot, of the Ship Guarland, gives his reasons to the Coun- April nth 
cill why he cannot break his orders, and remain with his Ship in Virginia; Norfolk, Va 
notwithstanding his earnest wish to give all the aid he can to the 
Colony — 

Thomas Moore, Robert Campbell and William Cowne Gent: re- juiy 15th 
commended as fit Persons for Sherif of said County, for the ensuing King Wm Co 
year — &c 



An account of Expenses on the Treatys with the Catawbas & Chero- juiy 10th 
kces; finished by the Hon**** the Comifsioners from Virginia — in 1756. ^^^jj^^^ 

(Then follow the Items in order &c) amounting to £1649.14.7 
Virginia Currency which reduced to Sterling at 25 pr: ct. amounts to 

Williamsburg July 20* 1756 — 

I have examined the above account amounting to £1649.14.7. Vir- 
ginia Currency & have Compared it with the vouchers produced to me. 



25$ 



CALENDAR OF STATE PAPERS. 



1756 



1757 

Oct. i2d 

New Poit, 
SpotsylvaniaCo 

Letter of Col. 
Jno. Spotawood 
to Gov, Din- 
widdle, in re- 
gard to com- 
plainti made 
against him 



and find it rightly stated : so that being reduced to Sterling as above : the 
Expenses of said Treaties & in soothing the Indians, amount to One 
Thousand Three hundred and nineteen rounds, fifteen Shillings & eight 
pence Sterling : besides what the Governor paid himself out of monev 
in his hands : and the Reward to the Commifsioners in a difficult h 
chargeable negotiation, being still due and unpaid — 

JOHN BLAIR, D. Aud' 

Sir, 

I am very sorry to trouble your Honour so often : but Excuse me 
good Sir, when I tell you I am under an indispensable necefsity to clear 
up my Character & Conduct. 

I understand there is or will be a Petition, prefered to your Honour 
to make a Revolution in the Militia Commifsions of Spotsylvania, which 
seems by what I can learn, cheifly to be levyed at me, therefore beg leave 
to represent the matt' to Your Honour in a Cleer Light. 

They (i e — The Petitioners and their Agent) are Enemies to all 
Military Duty & the officer that puts it in Practice is odious in their sight, 
so think that nothing will Content them but your Honours' giving every 
one of them a Comifsion (that they may be called Coll° Majr: — Capt: 
&c ) and order them to do no Duty — They suspect your Honor is going 
home & that when another Gentleman succeeds you, there will be a 

feneral election & as there are some of them Ambitious to p;ett into the 
loufe of Burgefses, they have thought no scheme could be so takeing 
with the Commonality to make themselves popular, as to cry down Mili- 
tary Difcipline, tho their Country, their Lives & Liberty are at Stake 
This S' is the Foundation on which their whole Complaint is founded. 
Tho perhaps they may Gloss it over with other Pretences. So Knowing 
your Honors' wisdom & Integrity in doing Justice to every Individual, 
hope you'll not give any Countenance to their fiilse, Erroneous, & unjust 
Petition — if your Honor thinks me unworthy to be continued in my 
office, you'll very much oblige me, if you'll give Capt: Cha' Lewis late 
of the Virg: Regiment a Maj" Commifsion — Pardon me S' for giving 
you so much Trouble, and beleive me to be 

Your Honors 

most Ob^ k Obliged Humble fervant 

JOHN SPOTS WOOD— 



Oct. 19th 
Wmiburg 

Col. John 
Thornton's 
charges against 
Col. J« spots- 
wood 



Hon^i* Sir, 

Agreeable to your honors' Instruction have made out a few com- 
plaints against Col: John Spotswood, in the following manner—- 

i'^ Col^ Spotswood hath given a Captains' Comifsion to Thomas 
Estis, a person returned by the Collector, Insolvent for his Levy — 

2^ The sd: Spotswood hath likewise given a Captaines Comifsion to 
Aaron Bledsoe, a person that hath neither Land or Slave in the County, 
and tho' he has lived for three years in Spotsylvania in all that time hath 
followed no just Calling, or so much as given in his Tyth — 

3^ The sd; Spotswood hath filled up a Majors' Comission for M' 
Chas: Lewis, who has qualifyed to the same, when there was no vacancy 
in the County for such an Officer— 

4^ The sd: Spotswood hath also fill'd up a Colonels' Comission for 
M' Benjamin Pendleton, a person who I have no objection to his char- 



CALENDAR OF STATE PAPERS.. 



263 



I 



\0 



actcr: Excepting he has no Estate in the County & Keeps an Ordinary, 1757 
when there are many Gent: in the County of good Estates, that never 
had any of the above Comissions offered them. 

5*^ That the sd: Col'' Spotswood gets often in Liquor & Acts much 
out of Character, which is notoriously known, and particularly at the 
Musters & Twice when the Militia was draughted for marching to Win- 
chester, he put every thing into the greatest disorder & confusion by 
abusing both ofBcers & soldiers with the most Scandalous Language, 
when every one did their utmost to conform to his (uncommon) direc- 
tions, as must have appear'd to all present — The march of the Militia to 
Winchester was greatly retarded thereby & I am Confident if the above 
Complaints are not enough to remove the sd: gent: from his Comission 
(to the speedy releif of a much injured people) I can bring undoubted 
authority not only to prove the above facts, but sundry others, which 
must appear to the discredit of that Gent — 

This, Sir, I have done, as knowing the Militia to be greatly Injured, 
and at their request, who would scarcely be Restrained from sending 
your Honjur a Petition — & humbly beg in their behalf you will be 
pleased to remove the cause of their Just Complaint & before I con- 
clude, must desire your Honor will not take it amifs, when I inform 
you that M' Feilding Lewis a Gent: of fortune & Character in that Fielding Lewis 
bounty & much esteemed by the people, who I make no doubt would 
^adily Exert them selves, under such a gent: in case of a sudden call 

^«e defence of our Frontier — 

I am Sir 

your Honours' most 

obedient hble ferv^ 

JNO: THORNTON 

P. S. As some other Comiffions may 
be eiven out, unknown to your honour, 
shzn here insert all the Field Officers' 
ijames, in the County viz' — 

John Spotswood Esq' County Lieut: 
Jno: Thornton Col° in Spotsylvania— 
Ric* Tutt " *' " 

Rice Curtis •' " *' 

JV^ Lynn Major 

^nj* !rendleton Major 

has: Lewis Major 
;^^pt: John Craine — N. B. a proper man. 
W» Muller— 

2ipt: Bledsoe 

^pt: Estis — 

^pt: Allen N. B a fitt man. 

' Lewis Willis was Cap' for the Town, but he gave his Comission 
ol^ Spotswood, rather than serve with such officers as Bledsoe & 



Officers of the 
County of 
Spo'iylTtnia 




264- CALENDAR OF STATE PAPERS. 



1758 Hon* Sir, 

July 6th Had opportunities offered, as frequently as Inclination would have in* 

duced me to write to you, you might have read a Letter from every en- 
CumbcrUnd"'^ caupment — After being delayed at Winchester, five or six weeks longer 
th m Expected (in which Time I was ordered Exprefs to Williamsburgh 
Charactcriific & allow'd but a day after my return to prepare) we push'd off into the 
Letter from wide Ocean — I was permitted to walk every step of the Way to this 
^*hil Uncle''''* humble Fort, to eat little, to lay hard, over Mountain, thro' Mud k 
Col. Thoi. Water, yet as merry & hearty as ever. Our Flankers & Sentrys pre- 
Blaod of tend they saw the Enemy daily, but they never approached us — A De- 

Pnnce George tachment is this moment ordered off to clear a Road thirty miles, and 
^""^^ our Companies to cover the Working Party — We arc in nne scalping 

ground I assure you, the guns pop about us, & you may see the fellows 
prick up their Ears like Deer every moment. Our *Colonel is an Ex- 
ample of Fortitude, in either Danger or Hardship, and by his easy, polite 
Behaviour, has gained not only the Regard but affection, of both officers 
and soldiers — He has kindly invited me to his Table, for the Campaign, 
offer'd me any sum of money, I may have occasion for, without charg- 
ing either Principal or Interest, and signified his approbation of my con- 
duct hitherto, in such a manner, as is to my advantage — In passing my 
recruiting Acct: I was allow'd i8f pr: man, you may judge how much I 
was Looser when several officers had 40s. — Col Charles Carter jun*^ has 
a horse of mine in keeping 'till my Return: where he may remain if you 
think proper — The Batt: Money and Forage Money allow'd me amounts 
to £66 — In everything poffible, I shall be upon the frugal scheme. You 
may depend upon hearing by all opportunities from 

D^ Sir, 

y' truly Affect: & ever 

obliged Nephew 

ROT MUNFORD— 
Camp near Fort Cumberland 
July 6"^ 1758 

To M" Bland, 

Hon** Mad°^ 

Aflectionate Tho' I've hardly a moment, at my own^ Disposal, I can't omit send- 

Posticript ing a few words to my dear Aunt, Employed from Sun to Sunset from 

Light to Night, I am mindful of my dear distant Friends — That you 

and yours may enjoy Every Blessing that Heaven can bestow, is the 

Tribute of a Heart sincerely 

yrs: 

ROB^ MUNFORD 
P. S. My Love to the Laffes 

To Col: The^ Bland in 

Prince George 

August nth " An Extract of a journal — ** Concerning a March That Capt: Rob* 
Wade took to the New River" — in search of Indians. 

Saturday the 12^ day of August 1758. 

Course taken Capt: Rob' Wade Marc* from Mayo fort, with 35 men, in order to 
by the Rangeri take a Range to the New River in Search of our Enemy Indians. We 

* Col. Wm. Byrd. 



CALENDAR OF STATE PAPERS. 



inarcht about three miles that Day to a Plantation, where Peter Rentfro i 
formerly Lived & took up Camp, where we continued safe that night — 
Next morning IJeing Sunday, we continued our march about 3 or 4. 
miles, and one Francis New returned back to the Pert, then we had 34. 
men Beside the Capt — We marc'^ along to a place Called Gobleing 
Town, where we Eat our Brakefasc— & so continued our march till late 
in the afternoon & took up Camp at the Foot of the Blew Ledge where 
we continued safe that night — Next morning being Monday the 14"' 
Inst: We started early & Croft the Blew Ledge & fell upon a Branch of 
the Little River, Called pine Creek — 

We followed the sd: Creek down to the Little River & Croft the Lit- 
tle River k went to Francis Easons Plantation, where we continued that 
night. Our hunters brought a plentifull supply of Venison — Next 
morning being tuesday the 15"' Inst we marct down to Richard Ratt- 
leiffs plantation on the Meadow Creek, where we continued that Night — 
Next morning being Wednesday the 16"" Inst. We Sent out Spyes and 
hunters to Spy for Enemy Signs & to hunt for provision, But the Body 
of the Company Tarryed there — At night they came in with a plenty of 
Venison, but could not discover any fresh sign of Enemy— Next morn- 
ing thursday the 17"' inst; We Sent out hunters as usual, k in the after- 
noon Some of them came in & informed us that they had seen Sign of sign* c 
Indians at Drapers' Meadow, that had been a Catching of horses that '"'^""' 
Day k that they had gone a Streight course for Blackwater — upon that 
we began to get in Readyness to Persue them next morning — But one 
of our men not coming in that night, disappointed us — next morning 
Being fryday the 18"" Inst: Some of the men were sent to Look for the 
man that was Lost — k the Rest remained there, for we counted it im- 
prudent to Leave the Place before we knew what had become of the 
Lost man — so we tarryed there Till the Day was so far Spent that we 
could not make any thing of a march that Day. So the Capt: said that 
he k some more men would go to viev^ the Sign, & See what they could 
Discover — The Captain k W" Hall k Adam hermon, & 2 or 3 more, 
went off k Left the men under my Command, and ordered that we 
should be in Readynefs for a march as soon as he returned — Soon after 
the Captain was Gone, the man that was Lost Came in & inform^ us 
that he had been Laust in a crook of the Little River — But when the 
Captain came to the place where the sign was Seen, he Tels us that he 
saw a Shew track among them, which caused them to beleive that it had 
been white men after their horses — So the Captain, nor none of the 
men, that was with him. Returned that night, But went a hunting — 
Next morning Being Saturday 19"* Inst: the Capt: not coming, gave us 
a great deal of Uneafyncss — tho we Bor it with so much patience as we 
could 'till about noon, for we Lay under great apprehensions of Danger — . 
I ordered the men to keep a Verry Sharp Look out, and Likewise to Be 
in order to march next morning By Sun rise — I was Determined to stay 
that night & the Capt: did not come, to march off after him — Soon ater 
we had come to a conclusion about it, Some of the men Spyed 5 In- Sudden 
dians Very near to us, for the place where we was, was grown up weeds *"" "' 
so that we could not Se them, nor they see us 'till they came Verry 
near— I was a Lying down in the house when I heard the news — 

I Rased up k presented my Gun at one of the Indians, But I hea"* 
some of our Company that was in another house Cry out Don't Shoot — 



^66 



CALENDAR OF STATE PAPERS 



1758 



Sentence of 
death pasted 
upon them by 
the Captain 



The Ambuf- 
cade 



I Stopt at that & askt them what they were, k I beleive they said Che- 
roke, But Stood in amaise & Reason they had, for I suppose there was 
20 Guns presented at them, We went up to them & Examined them — 
they said they were Cherokees, I made Signs to them to show me their 
Pais But they had none — They had with them 5 head of horse Kind, k 
Skelps, that appeared to be white mens — 4 of the horses appeared as tho' 
they had been Lately taken up, but the other was Very poor — the Indians 
Begun to make Readv to go oiF, but I made Signs to them that they 
must not Go that night, But they seemed very Intent to go — But we 
would not agree to it — Some of the Company insisted to fall upon them 
ft Kill them for they said, they Beleived they were Shaunees & that they 
Spyes — & was Doubtfull that they had a Superior number Some where 
nigh — But I said I was determined to keep them 'till the Capt : came, 
without they would go by forse, & if they would we would fire upon 
them — 2 of the men went off after the Capt, who soon met some of the 
Company, who told him, that they had been a hunting ft that the Capt; 
would soon be in ; who accordingly came soon after ft we informed him, 
how things had hapned in his absence ft in what manner the Indians 
appeared ; that they had no pass, & that they had white Skelps — after the 
Capt: heard the opinion of the people, he past sentence of Death upon 
Them ; but there was one Aoraham Dunkleberry, a hunter that we let 
off, who Said they were Cherokees, yet he agreed that they were Rogues : 
which seemed to put the Capt to a Stand, But we had their Guns taken 
from them & a guard kept over them that night — next morning. Being 
Sunday the 20^ Inst: upon what Dunkleberry had Said, the Capt: Let 
them have their Guns ft Let them go off — which Displeased some of 
the Carolina men — so much that they swore if they were not allowed to 
Kill them, that they never would go a Ranging again, for they said it was 
to no purpose to Bang after the Enemy & when they had found them, 
not to be alllowed to Kill them — which you must think is very hard for 
us to Be compel^ to Rang & then let the Enemy have Liberty to Kill 
some of us, before we Dare Kill them — at that Rate we may all be 
Killd, and never Kill an Indian : for if there is enough of them to over 
come us then they are Enemy, But if we are too numerous for them 
then they are friends. 

Upon consideration of their having no pass, nor white man, & by 
their Steal of horses, they did not appear any waise Like friends, so the 
Capt told them to Be Easy ft after Dunkleberry was gone, we would go 
after them and Kill them. So Dunkleberry packt up his skins to go off 
ft we marcht after the Indians — We overtook them and past them. 
Because the Capt: said that they were in such order that we could 
not kill them all. But would wate for a better opportunity — They 
were a going toward the New River — So the men that had been ac- 
quaintd there Knew of 2 fords ft they Emagined they would Crofs at one 
of them, But they expected that they would crofs at the uper Ford — 
But we laid an ambushkaid at each ford — the Capt; and my Self, & a 
partie of men at the upper Ford & a party of men at the Loer ford ft 
the Capts' orders were to fire at them, as they Croft the River — But 
after we had placed ourselves ft Sat a while, 2 or 3 of the men came 
from the Loer ford ft informed us that 2 of the Indians had croft at the 
Loer ford & they Did not fire at them Because they were not altogether — 
So the Capt : ft men went down toward the Loer ford ft as we went 



CALENDAR OF STATE PAPERS. gS7 



along we saw 4 of the Indians ; we did not fire at them, the Capt: Con- 1758 
eluded to ly by a while & let them all Get together & then follow them 
& Kill them — Soon after the other Indians follow'^ them, The Capt* 
orders was for 12 of the Best men to follow them & Kill them & the 
Remainer of the Company to Go to the Dunker fort, which was about 
half a mile Below us, &c the Capt: took such men as he I^ik^ and sat 
down to conclude how we should follow them — the way the Capt: pro- 
posed was to Dog them 'till night & then ly By 'till the Brake of Day 
and then fall upon them & Kill them — he said if we fired upon them 
in the Day Some would get away — But we did not approve of his Skeems 
k told him the III Consequence that attended it. But he still insisted upon 
that way of proceeding — At length we Desired him to go down to the 
fort, with the Rest of the men &c let us go after the Indians, to which he 
consented, and went oiF to the fort and we after the Indians — 

The men that followed them were Adam hermon, Daiyel hermon Names of thoie 
W"» Hall, Ric^ Hall, Ric^ hall Jun' Tobias Clapp, Philip Clap— Joseph who followed 
Clap Benj» Angel, David Currie, Ric^ Hines, James Lyon, & my Self— '^' ^"^»*"* 
13 of us — We followed them and overtook them at a peach orchard — 
Jest as they were a leaving it & we wated our opertunity, and fired at 
them & followed them up 'till we Kiled 4 of them, and wounded the 
other — We skelpt them that we Kiled, & then followed the other- 
he bled verry much, he went in to the River and to an Island — 
But we could not find where he went out — Some of the men Left 
looking for him & went down to the fort & some went after the Indians 
horse — But my Self & 4 or 5 more, we Sercht the Island 'till late in the 
afternoon & when we came to the fort, the Capt & men were a handling 
the Indian goods & after a while the Captain teld me we were all to be 
sworn — So we tarryed there that night — Next morning, being Monday 
the 21'* Inst: we packt up in order to march homeward, for Signs of In- Return of the 
dians was plenty & we had but little ammunition — But before we left ^"^ 
the fort, we were sworn — the words of the oath, Do not remember ex- 
actly, but the Intent of the thing was, not to tell that we Ever heard 
them say that they were Cherokees, without required to swere — so Left 
the Fort and marcht 'till dark & took up Camp at a Plantation upon a 
Branch of the Little River — We continued there that night, next morn- 
ing being Tuesday the 22** Inst: We marcht from that Place to Black- 
water — We Eat Diner with them, marcht ofF again to Rob' Joneses 
Plantation on the head of pig River, and Tarryed there that night, next 
morning, being Wednesday 23*^ Inst: they Delayed time in the morning, 
and we had nothing to Eat — the Company had some Rum to drink, but 
my Self & 4 more left the Company & went cross by Goblingtown k 
came to Mayo fort that night — The Capt: & the Rest of the men tels 
us that they came to Hickeys' fort that night & next day to Mayo 
fort — I remember no more worth making a Remark of, so Courteous 
Reader I Rem"* 

Y"ftc 

JOHN ECHOLS. 
October 26*** 1758 

Jcdin Ecbols this Day came before me and swore that the Facts 
within contained are true — 

ABRAHAM MAUEY 

33 



gS8 CALENDAR OF STATE PAPERS. 



1760 The Petition of James Pitillo against Coll^ Robt. Boiling (Surveyor) 

who keeps him out of his right to a piece of Land in Prince George 
County — 



1762 Petition of Saml: Klug to Gov; k Council, for Renewal of his Order 

for Land, and for Leave to sell Two Negroes &c to pay his debts &c 



April 15th Capt: W" Main waring of the ship " Arundel " writes to the Gov: k 

"Arindei" Council in regard to the reward of i620, offered for the arrest and return 

of Deserters from his Majestys' Ships, suggesting a modification of the 
HiBopton Road Proclamation, so as more clearly to entitle the apprehender to the said 

reward Ac- 



1763 Petition of Capt; Yueill Will"* Astoburn, John Skelton and Alex: 

McCaul to Geo: Fauquier for leave to sail from Hampton Roads without 
Convoy &c — giving reasons why they should be allowed to depart, be- 
fore the winter sets in — 



1764 The Petition of Sundry of the Inhabitants of the County of Bruns- 

wick, to The Hon^^* Francis Fauquier, Complainings That they, *' for 
^ many years past ** had been labouring under great disadvantages, in that 

Brunswick Co County, by reason of the *' Illegal, Arbitrary, Partial and unjust pro- 
ceedings of part of the Court of Brunswick County — Enumerating the 
Complaint of members of the Court, M' John Clark & M' William Thornton, who 
die people of j^^^j j^^^^^ guiltv of extraordinary conduct, in releasing notoriously bad 
againit mem- Characters, and in consenting to appear on the bench in trials in which 
ben of the Co they themselves werie personally interested &c &c — And in refusing to 
^"" hear evidence in certain cases, whereby innocent persons had been un- 

justly required to pay costs in Tobacco &c — 

Signed by more than sixty persons, 
among them appear the names of 

Malone, 

Cook 

Jeter 

Tim: Rives 

Peterson 

Peebles 

WOMACK 

Byrd and others 



Tobacco Saiee Account Current, of Sales of Tobacco Shipped on the Wm. k Mary 
made in London by Meflrs Ed: & Saml: Athawes, on account of ancl 
for W* Dangerfield Esq' of V* Ac — Showing costs of transportation, 
CommifEons s charges, price pr: lb: of Tobacco &c, at this date to have 
been about 3^}. 



CALENDAR OF STATE PAPERS. gS9 



We have already made our acknowledgements to you for the icind 1765 
ai&stance intended giving the Madiera Packet, towards her dispatch, and ^^^ ^ 
that in consequence of your Directions infured JS150 — on 15 Hdds: 
Tob* in her, Your very obliging and Friendly letter of the 2^ August is I^"^*" 
now before us Ac * * * * * * 

We are sorry the ace' we gave you of the Quality of the Tob* you con- Spccimea letter 
siened us was not altogether agreeable to you. Our motive &; only mo- ©» c«n«e«|«l 

•• *u -. • L^ L -.u J -u • JJ ^ *n4 other tfliUi- 

tive was, that you might change the seed as the species did not seem ex- 
traordinary — We must do your overseer the justice to say that they were 
well managed & in good condition, for tho' they w^re black k great 

Vferights, they were not matted or sticky — 4c • • * 

**♦•♦*»»♦ 

Tobacco now bears an improved Aspect, tho' the advance at present is 
confined to the lowest class * * * T he current prices 

are from 2*^^ to 3*^ for Export, and from 9^ to 10^ for home consump- 
tion — Next year we Expect a scarcity will be fdt & then a general ft 
Significant Amendment will be Effected, & if therefore you cannot get 
a great price in the Country, it may answer very well to ship your 

Crop — ' 

• * • « * * ^ 

We sincerely lament the distrefsful situation of Virginia, the low price 
Tob^ has been for fome years past — upon this a great scarcity of corn & 
a very Heavy imposition of Taxes: however as Tobacco is getting up 
& as the quantity will be reduced by many going on Hemp Flax &c, the 
price may constantly be maintained, we are not without hopes that the 
Country may soon extricate itself from the Difficulty it now labours 
under — All our Family join us in most Affectionate Compl°*^ to your* 
self & Lady — 

We are Sir 

your Sincere friends & Servants 

ED: k SAML: ATHAWES 
To W"> Dangerfeild Esq' ) 



New Kent C° V* 



Bill of Exchange for j£ioo, at sixty days, drawn by W™ Dangerfeild, 1767 
on Meifrs Ed: & Saml: Athawes London — ^, . 

Not. 4tli 

with __. . . 

Virginia 

Protest of the same by Notary & Witnesses, bearing good impression of 
Notarial Seal and signed by 

ABRA*« OGIER, Not: Pub: 



Another letter to M' W™ Dangerfield from M' Saml Athawes, on 17^^ 
businefs afiairs, and explaining the cause of the above Protest — and j^^rch loth 
recommending ^^ to Keep a Book yourself debiting me with the Tob^ 
you consign & giving me credit for any Bills you may draw, or any goods ^'*"**'*" 
which may be put to you^this will be a good guide & may prevent any 
further accident of this Kind" — He trusts he ( Dangerfield ) will not be better to Mr. 
displeased with him, and adds, "my money is my Fortune & at my time commerclii S^ 
of life ought to be circulating for Improvement and not to be locked up other sabjecti 



uo 



CALENDAR OF STATE PAPERS. 



1768 



Oentlemen will 
live up to their 
incomes in 
Virginia 



Condition of 
Virginia, and 

to what due 

• 

Advice &c 



Newi 



Clover ! ! 



in Virginia at 5 pr ct &c " — He regrets the want of punctuality in remit- 
tances from Virginia, and although Short Crops may be a plea for inability 
to pay, gentlemen there, in general ^^ over value their incomes, k live up 
to their suppositions without providing against Calamities accidents " &c 
^^ In England, you must be sensible it is otherwise & indeed must neces- 
sarily be so, unlefs a man is determined to be in a goal." If a man here, 
of a Landed Estate lives to the Extent of his Rents, what is to become 
of him, if his Tenants run ofF, if his Houses want repairing, or the 
Land tax is raised ? &c — and if a merchant or any Trader does not lay 
up a Proportion of his Gain, what is to become of him, if he makes a bad 
Debt ? &c &c — ^^ I can afsure you my friend, from my own observation 
many good Familys have been reduced by this unthinking Conduct, aSid 
wish, when it was too late they had adopted what I am now recommend- 
ing — " From your account & indeed from every ones ace* Virginia is at 
this time greatly distrefsed, but as the distrefs has arose from the cause, I 
have afsigned, 1 hope the present Generation will take warning & not be 
the means of reducing*their Familys to such Extremitys," &c * * 

^^ The watchman reminding me that it is \ an hour past twelve o-clock, 
having many more letters to write k anxious to get the ships away &c &c 
must plead an Excuse for my not giving you a little tittle tattle — how- 
ever it occurs to me, for misfortunes are often uppermost, that my friends 
M' Burgefs k M' Giles, who were our opposite neighbors & whom you 
must remember, are both dead — &c 

All my family Join me in Sincerely wishing you & 
M" Dangerfield every happiness k 1 profess myself. 
Dear Sir — 

Your affectionate Friend k fervant 

SAML: ATHAWES— . 

N. B — I truly beg your pardon for not Sending the 
Clover &c — being in the middle of the Letter it 
was omitted to be taken note of &c — However I 
will Send some in the Fall, if you do not con- 
tradict it — 



1769 To the Right Honourable Norbonne Baron de Bottatourt, His Ma- 

January jestys Lieutenant & Governour General of Virginia & vice Admiral of 

the same &c the Honourable Council thereof — 

Petition to take The Petition of Walker Taliaferro Gent: James Taliaferro W™ 
"he^ileT" °^ Taliaferro & others, W°^ Jones, Tho" Jones Cha» Robinson & others— 
«gany humbly sheweth, 

That your Petitioners being desirous of settling in the new Country 
beyond the Alleghany Mountains lately ceded to his Majesty by the In- 
dians, 

Humbly pray that they may have leave to take up & Survey Twenty 
Thousand Acres of Land within that Territory, to begin at the mouth 
of Cumberland River, so as to include that quantity in one or more sur- 
veys, upon such terms, as to this Honble Board shall seem Equitable — 

And they s'^all ever pray kc 

WALKER TALIAFERRO— 



Mountains 

Endorsed by 
G. Wythe 



CALENDAR OF STATE PAPERS. 



$61 



Justices of Dinwiddie County — John Jones, Boiling Stark, Rob^ 1760 
'Walker, William Withers, W» Wat kins— Abraham Smith, David WaU April 15th 
kcr, James Walker — Edward Wyatt & Thomas Scott Gents — Dinwiddie Co 



Justices of Warwick C° — W" Dudley, Harwood Jones, Francis Leigh, April 

Rob' Lucas, James Roscow, John Wills, Hinde Russell, Thos: Haynes Warwick Co 

RIC» GARY C. W. Co: 



Justices of Charlotte County — Thos: Spencer, Joseph Morton, Henry April 

Isbell, James Venable Josiah Morton, David Caldwell & John White, chariotte Co 
Gentlemen — William Price, Nath: Marable, W™ Goode, Gents: Thos: 
Bedford- 



Justices for P. W™ County — Henry Lee, James Nisbett, Cuthbert April 

Harrison, Henry Peyton, James Scott, Clerk — Howson Hooe, Foushee prince Wm Co 
Tebbs, William Tebbs, Thomas Lawson, Lewis Renoe, W™ Carr, 
John Hooe, Lynaugh Helm, Archibald Henderson, Daniel Payne Thomas 
Blackburn, Mathew Whiting, Spencer Grayson, and George Skinker, 
Gentlemen — 

Test 

JOHN GRAHAM Clk Cor* 



Justices for Surry County — Hartwell Cocke, W°* Brown, John White, April — 
Tho* Bailey, and John Watkins, James Rodwell Bradly, Nicholas Surry Co 
Faulcon jnr: Carter CrafFord 



Justices for Stafford C*"— Baily Washington, Jojin Brown, Will Adie April 
k Will- Hooe, Yelverton Peyton, Town**^ Dade, Chas: Alexander John 
James, Gentlemen. 

HENRY TYLER C. C« 



Justices for Sussex C** — John Mason, Nicholas MaiTenburg, David April - 
Mason, Henry Gee, John Walker, William Parham, and James Bell, Sutiex 
W°» Blunt 

Test 

A. CLAIBORNE C. S C^ 



Justices for Charles City County — John Minge, Littlebury Hardyman, April 

W°* Hardyman, William Aerill & Ed: Cocke, Benjamin Harrison, chas. City Co 
John Jacob, Corgnan Danzie, Littlebury Cocke, W™ Kennon, George 
Minge, W°* Green Munford, Gentlemen. 



Justices for L of Wyght C^ — James Bridger, Dolphin Drew, Nich- April 

olas Parker, John Eley Jnr: Thomas Pierce, Brauer Godwin, John i,ie of Wyght 
Lawrence, Danl: Herring, Gentlemen. County 



$69 CALENDAR OF STATE PAPERS, 



1769 Justices for Culpeper C^ — William Green, William Williams, Geoi]ge 

^ ^.| Witherall, Joseph Wood, Benj: Roberts, Henry Feild, William Ball * 

Rob^ Throkmorton Gents: John Strother, James Pendleton, Saml: 
Culpeper Co Clayton Jnr: John Slaughter, W» Kirtley 

ROGER DIXON Cllc. C. C* 



Not. 8th By Virtue of a didimus potestatem, to us directed, we do hereby cer- 

Bttrcetset ^^^Y^ ^^^^ ^^® Following Gentlemen, elected to serve as Burgesses, for 

•worn this Present General Afsembly this day took the oaths appointed by Act 

of Parliament, to be taken and Repeated & subscribed the Test — viz^ 

Thomas Whiting, William Aerill and Alexander Trent. 

THO^ NELSON 
ROB^ CARTER. 



December The Petition of Joseph Cabell, Jos: Cabell Jnr; Nich: Cabell, W" 

Petidons for Megginson, W°» Horsley, and others, Burks, Thomas, Aliens, Hopson, 

land in the Hughs, Hornsbv, Harris, David, Warburton, Wilkinson, Taylor, Tur- 

Bewiy wquired ^er, Landon UabcU, Innes, Buchanan, Bcal, Hite, Harman, Hains, 

twr" ' ^^'^^ Sevmour, McDowel, Randle & Van Meter, for leave to take up & 

Survey 00,000 Acres of Land, in the Territory lately ceded by the Six 

Nations to his Majesty &c to begin at the Falls of Cumberland River & 

to extend down the said River Sec &c 



Petition of George Rogers, John Winston, Phillip Pendleton & others 
viz — Blumer, Hawkins, Todd, Rice, Moore, Overton, Lewis Webb, 
John Page Jnr: Warner Lewis Jn' Thomas Jefferson, Thos: Strachan, 
Walker, Donald, Johnson, Mortare, Surls, Coleman, Powel Boyd, 
Green, W™ Dandridge, Isaac Davis, Mordicai k others, for leave to take 
up, '& survey forty five Thousand (45,000) Acres of Land on the Lower 
side of little Kanawha at its Confluence with the River Ohio &c 



Petition of John ' Lewis, John Pulliam, Thos: Madison and others, 
for leave to take up & survey fifteen thousand Acres of Land, to begin 
below the mouth of Great Guyandott &c — 



Petition of the Hon: Thos: Nelson Esq' John Blair Jnr: Patrick 
Henry Jn' Thomas Jefferson, Chas: Lewis, W™ Christian, W™ Preston 
k others, for fifty thousand Acres of Land, east of the Ohio, twenty 
miles below the mouth of New River, thence down the Ohio, to moutn 
of Arbuckles River kc 



Petition to Lord Botetourt, from Joseph Harper, Francis Jerdone,- 
Taylors, Randolphs, Douglafs, Copeland, Lewis, Fleming, Ward, Bur- 
wells & others for Forty Thousand Acres of Land, on the East Side of 
the River Ohio, of that lately ceded to His Majesty by the Indians &c, 
to begin at a Cycamore Tree marked T. W. between the Road leading 
through Cave Gap extending up k down Powells' River &c — 



PK,I» 



0* 



CALENDAR OF STATE PAPERS. 



i6S 



'fi; 



Petition of Edmund Rogers, Jos: Winston, Hawkins, Moore, Sims, 
Ferguson, Davis, and John Rtpito kc for Ten Thousand Acres of Land 
Ac — on the Lower Side of little Guyandor, Ac 

List of Justices of Stafford that have taken the Oaths and of those 
that have refused — (among many others appear the names of Morson, 
Lee, Danville, Fitzhugh, Thornton, Stuart, Stith, Baily Washington, 
John Washington, Selden, Brent, Rob' Washington, Law: Washington, 
8aml: Washington, Edrington, Bronaugh, Grant — 



1769 



Prince W"* County — 
Acting Magistrates — Dead or not Qualified 



Henry Lee 
James Nisbett 
Henry Peyton 
James Scott Clk. 
Howson Hooe 
Foushee Tebbs 
W"^ Tebbs 
Thomas Lawson 
Lewis Keno 
W" Carr 
John Hooe 
Lynaugh Helm 
IJanel: Payne 
The Blackburn 
Spence Grayson — 



Dead— 



Cuthbert Harrison^ 

John Bay lis ( 

Allan Macrae 

James Douglas 

Archibald Henderson lives in G. Britain. 

Mathew Whiting, not qualified 

George Skinker, Dead 



1770 

August 

P. Wm County 

Pint called 
Magistratct 



Test 



JOHN GRAHAM Clk C 



List of Justices &c — Jacob Hite Thomas Rutherford, Angus Mc- August — 
Donald — John McDonald, John Hite, Adam Stephen, Charles Smith, p . . . ^ 
James Wood, Mathew Harrison, (Tho* Swearingen, Van Swearingen 
refused to qualify in open Court) Isaac Hite Sheriff — & John Neavill 
Deputv — all Gents: 

JAS: KEITH Clk. Fr. Ct. 



List of Justices &c — John West, George Mason, Daniel McCarty, October 
John Carlyle, W" Ramsay, Charles Broadwater, Cha' West Ju"', ^^j^^^ ^^ 
Bryan Fairfax, Sampson Darrell, Henry Gunnell, Rob' Adam, W™* 
Payne, W" Adams, Hector Ross, Alex: Henderson, George Washing- 
ton, Edward Layne — 

Teste 

P. WAGENERS— 



List of Justices &c — Nicholas Minor, Josias Clapham, Francis Pey- October 
ton, W™ Carr Lane, W° Douglas, Fleming Patterson, Simon Triplett, t j r 
Stephen Donaldson, George West, Craven Peyton, Jas: Hamilton, 
Philip Noland, Jas: Lane, Leven Powell, Elijah Chinn, George Sum- 
mers, John Minor, Gents — 

- Test— 

CHA« BINNS CI: Cot: 



t64 



CALENDAR OF STATE PAPERS. 



1770 The Court recommend Jno: Mayo, W"™ Smith & Richard James as 

Oct. 17th fit persons to act as Sheriff &c — Certificates from D. Mosby, Geo: 
Cumberland Co Carrington, that Mayo declined in favour of Smith &c 



Oct. 20tb 
In Council 



Oct. 23d 
In Council 



Tho" Rutherford, Adajn Stephen, & Burr Harrison, recommended by 
the County Co of Frederick, for the office of Sheriff for said County 

&c— 



The Recommendation of Capt: Isreal Christian, James Trimble & 
Benjamin Hawkins, for the office of Sheriff of Botetourt C° by the Court 
of that C^ Rob' Breckenridge, W°^ Preston, John Bowyer — Israel 
Christian, James Trimble, Benj: Hawkins, W™ Fleming, John Howard, 
Philip Love, W°* Christian, W™ Herbert, John Montgomery — Stephen 
Trigg, Francis Smith, John Bowman & W™ McRae Gents: — enclosing, 
a Communication to Lord Botetourt from Israel Christian, asking for the 
Commission \ giving at length reasons why the businefs of the County 
had been so neglected in the past, and enclosing certificate, that only two 
of the Court voted against his recommendation &c &c 



Oct. 25th The Court of Augusta C*^ — James Lockhart, John Christian, Felix 

Gilbert, 

Sampson Mathews Elijah McClenachan Daniel Smith 

John Hays John Bowyer Abraham Smith 

Tho' Hugart Geo: Herman George Mathews 

John Grattan Saml: McDowell John Dickinson 

Gentlemen — Justices — recommending W™ Lewis, Jas: Ewing, 
John Frog, Josiah Davidson, W*" Tees, John Skidmore, to be added to 
the Commission — and Andrew Lewis, S. Mathews, John Bowgcr and 
John Stewart, who are residents of Botetourt C^ to be left out &c — 



Oct. 25th 
In Council 



Oct. 25th 
In Council 



Oct. 25th 
Warwick Co 



Not. 6th 
la Council 



Northumberland County — 



of Sheriff, in favour of M' Rodham Kenner — 



Ball resigns his right to the Office 



Tho' Turks' Petition for Land Surveyed &c — but by neglect of M' 
Lewis the Surveyor, he has not succeeded in securing his plot kc 



List of Justices — W™ Dudley, W"* Langhorne, Tho' Haynes k Hinde 
Rufsell — £d: Harwood, Bic^ Mcintosh, Math: Langston, Francis Leigh, 
Leist: Jones, Rob^ Lucas, Gents. 



Charles City C^ — Philip Par Edmonson, William Kennon, John 
Minge, and William Hardy man Gents; recommended as proper persons 
to Execute the Office of Shcrif— 



CALENDAl OF STATE PAPERS. 



Justices for said County — George Wythe, Wtlton Cary, Ra 
stead, Gary Selden, Wilson Miles Gary, George Wsilker, Qcoree 
Jii\ Geoige Wray, John T»bb, James Wallace, Walter M 
James Balfour, William Armstead, Joseph Selden, James Wi 
Henry Kiiw, Gabriel Gary, James McCaw, Nicholas Wilao, 
Augustine Moore, Francis Mallory, Warlick Westirood, Mil< 
W" MailorT— W" Armstead Sherif— 

W. WAGER C 



Justices for Lunenburg G" — Lyddal Bacon, Jag: Williams, D 
borne, Tho* Tabb, David Garland, Abram Maury, Hen Blagrai 
Jennings, Ghrist: Billups, Tho*- Chambers, Tho' Winn, Ric*^Cl 
Will Gordon, John Ragsdale, Jno"^ Patterson Ju", Chas: 
Jerem** Glean, Everard Dowsing — 



Justices for Said County — Richard Randolph, W" Lewis, 
Duval, Bowler Cocke Jn', Ryland Randolph, Joseph Lewis, 
Adams, Daniel Price Jn' George Cox (now ShenfF) and Nathl: 
ion, Gentlemen — W" Randolph, Peter Winston, Turner Soutb 
Powell Coclce & John Hailes, Gents: 

Test 

THO* ADAMS C. H. 



Justices for Bedford C"— John Phelps, Rob' Ewing, Chas; Tall 
Mead, Samuel Hairston, Richard Stith, Joseph Rentfro, Jeremia 
Francis Callaway, W" Triggs, John Fitz Patrick, Tho* Watlci 
Smith, James Calloway, Charles Lynch, Hugh Challis, Francis 
Joel Meador, John Pate, Grofs Scruggs, Roben Owan, James 



Petition of Richard Corbin, and ten other Corbins, Carter 
and eight other of same name, Saml: Thompson, John Blair 
Blairs, Denelsons, Henrys, Burwell, Everard, Gilmer, Eustace 
Walker Gilmer, Cocke &c &c— to the Right Hon"' John, 
Dunmore, 4c — for Fifty nine Thousand acres of Land, beginnii 
mouth of Louisa River, along said River to Ohio River for 
4c ftc 



To the Hon''" W" Nelson Esq' President of His Majestys' 
and the rest of that Honorable Board &c — 

The Petition of W" Byrd, Saml: Meredith, James Walker, : 
Christian, Humbly Shewctb, 

That your Petitioner W" Byrd, Served his Majesty, during 
war, as Col° of the Second Virginia Regiment ; and that your 1 
en Samuel Meredith, James Walker and W" Christiaa at tl 



34 



tee CALENDAR OF STATE PAPERS. 



1772 time served as Captains in the said Regiment — That by the Royal Pro- 
clamation, dated at S* James the 7*** day of October 1763, your petition- 
ers conceive themselves entitled to take up and obtain Grants for the 
respective quantitys of Land, proportioned to their rank as officers, as 
by the said Proclamation, reference thereunto had, may appear — That 
your Petitioners have not been able to locate the Lands so designed for 
them as aforesaid, by reason of the restriction in the said Proclamation 
Contained, on the several Governors on this Continent from giving Patents 
or Warrants of Survey for any unceded lands reserved for the Indians — 
By which means the Koyal bounty intended your petitioners, hath been 
withheld from them. Your petitioners therefore humbly pray, that out of 
the lands lately ceded by the Indians &;c &c they may be permitted to 
take up and obtain warrants for the respective quantitys of land follow- 
ing — W" Byrd 5000 acres Saml: Meredith & James Walker & 

Hk River W^ Christian 3000 acres each— K)n the Eastern Bank of Ohio River at 
the mouth of little Kanawha, otherwise called Elk River &c &c — 



1773 Deposition of ^^ Guy Smith, Gentleman,'' sworn to before six Justices 

-, ^ . of the Peace, proving W" Mead, former Sherif of Bedford County to 

^^ ' have been a Defaulter, in the sum of upwards of Twenty Thousand 

Bedford Co Pounds of Tobacco, and to have returned to the office of the County 

Wm Mead, Court a false report of the number of Insolvents &c &c — 

sheriff of Bed- , 

ford, a defaulter *'*° 

Deposition of James Callaway to the same effect — and to the said 
Meads' having defrauded Callaway in other transactions ftc kc 



1774 Hoge k others' Petition for certain tracts of Land on Chisties Creek, 

March jiit near " Cat Fish Camp " kc 



AfrU 1st Petition of Fred: Dunfield for one thousand acres, land lying on the 

West Side of Monongahela River,- opposite Fort Pitt, to begin at the 
old Lime- House — 



April 2d Petition of George Munro, for grant of One Thousand Acres of Land 

in Augusta County, on the West Side of the Ohio River, and adjoining 
the Improvement & Claim of Alexander Rofs — &c 



Maf 3xit Petition of John Swan, C. Johnson, DanI: Hughes, Saml: 'Hughes, to 

Earl Dunmore kc for Grant for a ** parcel of uncultivated Land to the 
wgrund and ^Vestward of the Original Division Line " between the Colony of Vir- 
Dividing Line ginia and Maryland, which ** under pretence of a subsequent line run 
by Col: Cresap," the Gov: of Maryland has taken upon himself to grant 
a Warrant &c and praying for Warrant for One Thousand acres of the 
same — 



CALENDAR OF STATE PAPERS. $ef 



(Copy) . 1775 

George Mason to Martin Cockburn Esq', Springfield^ Fairfax C^ jaiy «4tk 

-Dear Sir, Richard 

^.Having an opportunity pr; M' £d^^ Bbckburn(who promi$es to drop 

^ts at Colchester) I snatch a moment to let you know that I am well 

^ ^^sire to be kindly remembered to my dear children k the family at 

&^^ l^save not since I came to this place, except the Ast-day & Sunday, 
Jj^ ^« hour which I cou'd call my own — The Committee (of which I 



''* t^^^ ^member) appointed to prepare an Ordinance for raising our arm'd 
fi^ ^^^ for the Defence k protection of this Colony, meet every morning 
^JJ^^ ^^'^ o'clock, sit 'til the Convention meets, which seldom ri