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THE
VIRGINIA MAGAZINE
OF
HISTORY AND BIOGRAPHY,
Published Quarterly by
THE VIRGINIA HISTORICAL SOCIETY,
FOR
THE YEAR ENDING JUNE, 1898.
VOLUM E V.
Richmond, Va:
HOUSE OF THE SOCIETY.
No. 707 East Fkanklin St.
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7/J /f3^^'/^/^Jj
PUB Lie A TION COMMITTEE.
ARCHER ANDERSON, CHARLES V. MEREDITH. LYON G. TYLER, E. V. VALENTINE, W. H. PALMER.
Editor of the Magazine, PHILIP ALEXANDER BRUCE.
HARVARD UNIVERSITY LIBRARY
MAR 'I u 1071 :
WILLIAM ELLIS JONES, PRINTER, RICHMOND, VA.
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Table of Contents.
Abstracts of Virginia Land Patents 92, 211, 338, 450
Abstracts of Rappahannock County Wills 282
A Description of the Government of Virginia 54
A List of Early Land Patents and Grants 173, 241
Arms of Cocke Family 303
Bacon's Men in Surry 368
Book Reviews 106, 223, 355, 464
Boundary Line Proceedings, 1710 i
Carter Papers 408
Case of Anthony Penton 123
Colonial Letters 42
Early Wills and Deeds, Isle of Wight County 403
Early Episcopacy in Accomac 128
Depositions of Continental Soldiers 153
Families of Lower Norfolk and Princess Anne Counties. . .139, 327, 435
Genealogy, The Cocke Family, Walke, &c 71, 139, 181, 304, 435
General Court Decisions 22, 1 13, 233, 361
Historical Memoranda Relating to the House of Burgesses, 1685-91. .60 Historical Notes and Queries 102, 215, 352, 460
Journal of John Barnwell 391
Letters of Lafayette 374
Letters of William Fitzhugh 29, 169, 297
Letters to Thomas Adams, 1769-71 132, 290
Necrology 348
Northampton County Records, 17th Century 33
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IV TABLE OF CONTENTS.
Oath and Duties of Viewers, 1639 274
Old Letters of Revolutionary Date 387
Persons who Suffered by Bacon's Rebellion 64
Petition of John Mercer 278
Price Lists and Diary of Colonel Fleming 260
Proceedings of Virginia Historical Society i-xxiv
Rev. Francis Doughty 288
Title to Greenspring 383
Tithables of Lancaster County 158, 249, 429
The Governor's Land 245
The Meherrin Indians 268
The Trial of Criminal Cases 272
Viewers of Tobacco Crop, 1639 119
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, THE
Virginia Magazine
OF
HISTORY AND BIOGRAPHY.
Vol. V. JULY. 1897. No. i
BOUNDARY LINE PROCEEDINGS, 1710.
(Continued from page 42, Vol. IV.)
Having Informed the Govern*^ that Mr. Mosely desired wee would meet them [Carolina Commissioners] again to try the Lattitude by theyr Instruments when they should get it in place the Govern' was pleased to command us to attend them for that purp)Ose & also for taking any farther Depositions when they shall be ready for us whereupon we writt the following letter to the Comis":
Virginia, q*" 9th, 1710. Gent:
This comes to inform that according to our promise we Com- municated to the Govern*^ y' desire of our meeting to try the Latitude by your Instruments and for y' taking some affidavits — try and that he has been pleased to comand us to attend you when you shall be ready for us which comand we shall be always ready to obey, but we hope that when you desire we should meet you for taking the Latitude you will give us at Least 3 weeks notice because Mr. Beverley lives at a great Distance from us, and his employments will not permit him to come at all times upon a shorter warning, we also desire you to give us timely notice when you desire to take any affidavits in this country to the end we may have time to gett the persons ready
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2 VIRGINIA HISTORICAL MAGAZINE.
at convenient places for you, if you think it proper we would propose the trying the Latitude at Corotuck and if our Instru- ments should differ so much that we cannot agre we may after- wards try your Instruments at Wyanoke or Wicocons creek.
We do not perfectly remember what copys of Depositions you want, we heer send you that of Henry Briggs which we think is all, but if you will let us know what copys you have we will send you the rest if there be any more.
We remain Gent, your Humb: servts.,
P. L. N. H. Poscript.
Our Govern' thinks it necessary that we should Draw up a State of the Case to be countersigned by the Com" on both sides, in order to be transmitted to her Majesty in case of Disa- greement and as we remember Mr. Moseley proposed some such thing when we were at his house, wherefore we hope you will be ready to Join with us at the next meeting if we cannot agree upon the place to begin at, that there may be noe further Delay.
This letter was sent by a person going directly to Mr. Mose- ley' in his way to Pamlico.
About the middle of December Mr. Clayton coming from Mr. Hide to our Gov' and bringing no answer from the Com" of Carolina to the above letter our Govern' commanded me P. L. to write to them again by Mr. Clayton wherefore I sent a copy of the above inclosed in the followmg letter to Mr. Moseley.
ViRG: Greenspring, X**' ye 15th, 1710.
Mr. Clayton comeing from Coll** Hide to Will"'burg and bringing noething from you, our Govern' comands me to send by him the Enclosed Copy Directed to y' Self and Mr. Lawson the original was sent in the beginning of 9^*' by a man that was goeing to your house, but I have forgott his name, at present our Govern' is Desirous to know as soon as may be your Resolutions touching the farther proceedings in this affair and I hope you
will at the same time answer Mr. Robertson" request ning
the copy of our proceedings and myne including the affidavit of
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BOUNDARY LINE PROCEEDINGS, 171O. 3
Lewis Williams. I have but this minute notice of writing there- fore hope you will Excuse any Omission in this Hasty Epistle. I am S' y' Humb. serv'
P. L.
To Edward Moseley Esq. one of the Comiss" appointed for set- tling the bounds of Virginia & Carolina at his house.
March 27th Received the following letter from Mr. Moseley: Albermarle County, March 19th, 1710.
After the Rec* of yours of 9***" last I sent to Pamlicough and wrote to Mr. Lawson from thence the nth g" X**' giving him an account of yours and pressing his comeing in. Since which I wrote to him again upon the Rec* of your Duplicate which I should long before this have answered had I not been Informed Presi- dent Hide did send to Virginia touching this affair. Mr. Law- son is now come to this county after a months passage and has brought the Instrument with him and has promised not to return till this affair is brought to the last Issue: we leave it to you to appoint a time when we shall meet you at Wicocons, where we hope to get our evidence Examined and should think it a favor could you procure the Virginia Evidence to be at Nottoway against the time you think we may be there to observe. With your Evidence we should be desirous of Examining one Johnson that lives at Nottoway and Lawrence & aged man in Somerton. Gent: V most Humb. Serv'
Edward Moseley, March 28th.
Mr. Nathaniel Harrison returned the following answer:
Virginia, March the 28th, 171 1. Srs.
Yours of the 19th instant received p. Mr. Fendall wherein you acquaint us of Mr. Lawson" being now in your parts with his Instrument, and that he intends to continue there till he has mett us to take the Latitude at Wicocauns in order to bring that matter to a finall conclusion, we are very sorry that we cannot by any means meet you till after our Gen" Court which begins the 15th of the next month and it is probable it will continue till some time of the first week of May, so that we cannot meet you
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4 VIRGINIA HISTORICAL MAGAZINE.
till about the 15th or i8th of that month, because Coll' Ludwell being appointed Auditor of her Majesty' revenue in this Colony in the room of Coll* Diggs who is lately dead he is obliged to attend at that time on that Business, and we are in great hopes Mr. Lawson' affairs will not suffer it he stay till then, the reason it was pressed with so much Earnestness in our former, was we Expected to have been on this affair — Early in this month that it might not interfere with the time of our Gen" Court but since it did not suit your Conveniency sooner, we presume that you will Excuse us at this time for the reason already given we have hopes that at our next meeting we may take the Latitude at Way nock Creek and Curratuck both, which we think to Endeav- our with God' leave to doe, and therefore we thought it not amiss to apprize you thereof, least you might not Expect it, & soe be unprovided, but of our farther Resolutions concerning this whole matter you may Expect to hear from us both that you nor our- selves need suffer under any Inconveniency, As to the Evidence you mention, Johnson is a name soe common about Nottoway that I should have been glad you had been a little more particu- lar, for I dont know any one of that name thereabouts that is a man of any great age, and for Lawrance I believe we must be forced to goe to him because I believe soe very that he
cannot be removed, but of that you shall alsoe have a further acc^ we are very sorry that we are under this necessity to Delay our meeting altho but soe short a time, for there is nothing we Desire more than" the Compleatly setling this troublesome piece of work, and therefore you may Depend that noething shall be wanting on our part for the Expediting of it with all convenient speed.
I suppose Coll" Ludwell has acquainted you the reason that he does not joyn with me in this letter and therefore shant trouble you farther onely that I am
Gent, y' very Humb. Servt.,
N. H. To Edward Moseley & John Lawson Esq" &c.
April ye 28th we writt to the Carolina Comiss" appointing Friday the 18th of May for our meeting them at Wyanoke Creek but Mr. Harrison Informing that he was Disappointed of the Mes-
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BOUNDARY LINE PROCEEDINGS, I7IO. 5
senger by whome he Designed to send the letter, and knew not where to gett another readily, on May the first, I, P. L. writt again, and sent away an Express with it who set out the next day, and about the same time Mr. Harrison gott another mes- senger and sent away the first Letter alsoe.
May ye loth we recieved the following Letter ft-om Mr. Mose- ley:
Chowan May ye 6, 171 1. Gent.
This day I received your letter of the 28th April & the first Instant and before my writing of this I communicated the con- tents of yours in a letter to Mr. Lawson soe that I have a great deal of reason to expect we shall have a meeting according to your Desire unless some unforeseen or unavoidable accident should happen: I Desire to bring to the Cause such Evidence as can conveniently come, as I desier you will favour us with the like civility in reference to those Depositions taken on your part and which have not bene Cross Examined by us and that. you would favour me with an answer to my last request concerning those copys, papers &c. from Mr. Robertson or the lower house Journall. In the mean time while, I am
Gent: y' Most Humb: Serv'
Edw*d Moselev.
May ye 15th. In order to this meeting I, P. L. sett out from Green Spring with Mr. Harry Beverley on Tuesday morning the 15th and Crosst Chicahominy River and James River to Maj. Harrison on our way to the Nottoway Indian Town.
1 6th. We sett out from Coir Harrisons and went to the Not- toway toun about 30 mile, the rest of the day wc spent in Dis- coursing the Indians concerning Wyanoke Creek and the Peri- grination of the Wyanoke Indians and lay this night in an Indian Cabin.
17th. After having ordered 3 old men of the Nottaway In- dians to meet us at the Nansimund Toun on the 20th in order to be Examined before the Carolina Comiss" we sett out from the Nottoway and tho it was a very rainy day we were obliged to keep on our way that we might not Disappoint the Comiss" of
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b VIRGINIA HISTORICAL MAGAZINE.
Carolina. Soe we rid on to Rich** Brassoells about 20 mile where we stayed to dry and refresh ourselves and then we Crosst Not- toway River with some difficulty in a canoe. One Horse of the Company tumbled out into the river and another was forced to be swam, being gott all over we travelled on 10 mile to John Dews on the North side of Meheirink river where we dryed our- selves and Lodged all night, this wett days Journey galled our Horses soe that we were forced to leave one behind.
1 8th. We sett out from John Dews and rid about 6 mile doun the river when we Crosst it at William Gamy's about 120 y**' broad in a canoe and swam all our Horses, in this 6 mile we Crosst several myring branches in which we were all terribly be- daubed, from Gamy's we rid on to Meeherink Creek about 6 mile and forded over, the ford was pretty Deep and somewhat myery by the side and here we mett an Indian who pilotted us through the woods to William Williams* his house on Chawan River side about 14 mile over many branches one of them Ex- tream myery.
Having almost spent the day in this toylsome tho short Jour- ney we sent to the widow Early" at the mouth of Wicocons Creek to enquire whether the Carolina Comiss" were come, our messenger brought us word that Mr. Moseley had been there but Mr. Lawson was not come. We sent to Mr. Moseley to acquaint him that we would meet him next day at the wido. Earlys.
19th. We went 4 mile doun Chawan to the wido. Earlys where we met Mr. Moseley. here Mr. Moseley took the Depo- sitions of Mr. James Farlow and Laurence Mague. at noon we Endeavoured to take the Lattitude with Mr. Beverleys Davis* Instrument. Mr. Lawson being by water was not yet arrived with his Instrument but the sky being cloudy the sun cast soe faint a shade that we could not be Exact. About 2 of the clock in the afternoon Mr. Lawson arrived with his Instrument. This Instrument is an astralabe or ring of 11 inches Diameter so that the least graduation it is capable of is half a Degree, then on the lower side of this ring is an Index which is to divide each half Degree into 6 parts which is 5 minutes but this is soe nice that we were at a loss what to make of it tho Mr. Lawson would pre- tend to tell to I minute, at most whether the Graduation of it is
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BOUNDARY LINE PROCEEDINGS, I71O. 7
true or the sights truly placed or what other faulte it may have we know not, having yet noe opportunity of trying it, which we hope to doe at Curratuck where we shall have more leisure.
We lodged this night at Will" Haskers 6 mile up Wicocock Creek.
ye 26. We went again to the wido. Early* where we had a very clear observation at noon and by Mr. Beverley" Quadrant the zenith Distance of the sun was 14'* 44° the Declination for this meridian we allowed to be 21**: 55°: so that the Lattitude appeared to be 36**: 39°: which is within one minute of what we made it last Sep' and even that minute we yielded to Mr. Mose- ley who managed Mr. Beverley' Quadrant himself, we being resolved to allow the utmost of his pretensions to avoid any cavil. By Mr. Lawson' Instrument the zenith Distance was 14** 25*^, Declination 21**: 55°: Lattitude 36**: 20°: as he told us and I believe it was soe tho I did not understand the Instrument per- fectly well, after observation we went to W°" to Lodge and the other Gentlemen went to Old Hoookers again.
ye 2 1st. We went again to the wido. Earl ys and the sky being very clear at noon we had a verry good observation it being very calm, by Mr. Beverleys Instrument we found the zenith distance to be 14**: 36°: the Declination allowed to be 22"*: 3°: Soe that the Lattitude appeared to be 36**: 39^: again and by Mr. Lawson" Instrument the zenith distance 14^: 15°: Declination 22"*: 3°: Lattitude 36**: 18°: this day we found that one of the sights of Mr. Lawsons Instrument was not fast in the ring and by remov- ing it one way or another it made alteration of about 5 minutes which I suppose was the reason it Differed from our Quadrant every day soe variously. After the observation we travelled 15 mile to John Beverleys at the mouth of Merheirink river in order to get to the mouth of Nottoway river the next day before noon if possible and were well soused in a myery meadow by the way of which we crossed severall, here we lodged in a wretched Kennell of a Loghouse where we could hardly have our length and breadth Mr. Moseley and Mr. Lawson came up Chawan by water and lodged with us.
We Crosst Chawan in a wretched Canoe to Maherink Lan- ding which is on the North-East side of Chawan and is about 2 mile up the river from Beverleys, there being no firm Land nearer
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8 VIRGINIA HISTORICAL MAGAZINE.
Mr. Harry Beverley went up by water with Mr. Moseley & Mr. Lawson and they were to take us in at Edward Barnes's to carry us up to the mouth of Nottoway, Somerton Creek preventing our riding thither but when they came to Barnes's it was soe late we had noe hopes of reaching Nottoway in time wherefore we re- solved to take an observation there, the day being very clear and calm we had a very good observation and by Mr. Beverleys Quadrant the zenith Distance was 14*: 42°: the Declination al- lowed for this day 22**: 11°: soe that the Lattitude appeared to be 36**: 53°: but here we were all at difference what Mr. Lawsons Instrument made it, Mr. Lawson Insisted that the zenith Dis- tance was 14'*: 40°: Mr. Mosely thought it 39°: according to Mr. I^wsons way of reconing Mr. Beverley would not allow to be more than 34°: and I, P. L. guessd it about 35 minutes soe that there was no less than 6 minutes Difference in our judgements from whence we doe conclude that either we doe not understand the Mistery that is in the little Index of the Instruments that divides it into minutes, or the Instrument is very much too small and uncertain for taking the Lattitude of any place, this place is about 2 or 3 mile below Nottoway rivers mouth, after observation we went up Chawan by water i}4 niile to Nansemund Indian Toune where we took the Examination of Nich. Maj' and others Maherrink Indians, this night welodged in an Indian Cabin.
23d. We tooke the Examination of the Nottaway old man and at noone we went a mile & j4 up Chawan by water to the field where we observed last Sep* on the North side of Chawan right opposite to Nottaway Rivers mouth the sky was a little clouded, however we had an Indifferent observation and by Mr. Beverleys Quadrant the zenith Distance was 14** 37°: the Decli- nation allowed for this day 22*: 19°: soe that the Lattitude appeared to be 36**: 56°: and by Mr. Lawsons account by his Instrument the zenith Distance is 14*: 15°: Lattitude 36'*: 34°: after the observation we returned to the Indian Towne and took the Examination of great Peter the great man of the Nansimund Indians and here I must remark that it was Mr. Arden and Mr. Glover that was at Coll* Pollacks with Mr. Hyde when great Peter was Examined and not Mr. Lawson. from here we went doun by water again to Edward Bamess where we parted in
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order to meet again at Currituck Inlett. the Carolina Com*" going by water and wee by land to try the Lattitude there from whence we agreed to goe to Cape Henry to try at that place where the Lattitude was soe well known to try whose Instrument was in fault, from hence we rid 6 mile to old frances Spikes*, most part of the way in a heavy rain which made us very wett. where we lodged this night, here P. L. had a fitt of a feavour.
24th. We sett out from Spikes" and travelled 20 mile to bakers mill, soon after we mist our way being wrong directed, and rid 1 1 mile almost to a myery swamp, almost impassible, called Curripeak where we mett a man that Directed us soe we came strait back the same road (there being no passage through the Dismall) 5 mile in very heavy rain to the wido. Lascitters where we stayed all night, being very wett this dayes riding in the rain and being very hott we hurt most of our horses backs, this old woman is above 80 yeares old and verry nimble and hearty.
25th. Being all dryed again we parted from the wido' and travell** 6 mile to peros mill at the head of Nansimond river and from thence to Coll° James Wilson* at the head of the Southern Branch of Elizabeth river 40 mile, where we lodged all night and recruited with 3 quarts of rum and 2 of sugar for which the Coir would take noe money, here P. L. had another feavour.
26th. We parted from Coll* Wilson and rid 13 mile, most of it bad way, to Locaty Swamp bridge which is 550 y"*' long and Insted of planks is covered only with Cypress Slaps which are mailed out for that purpose 5 or 6 foot long and laid on loose (as most of theyr bridges are) soe that every step a man is in danger of spoiling his horse and being over head and ears in the mud and water we rid on 9 mile further to Mr. Francis Jones on the West side of North river where we were directed to goe for the best passage over North river, when we came here the man was from home but Mrs. Jones was very kind to us, she sent her negroe to some of the neighbours to gett help to sett us over the river but they were all gone abroad ; at last the sun drawing very low we found ourselves under a necessity (if we would pro- ceed) to goe to work, some of us carried doun 2 old leaky canoes above 3 mile doun a creek to the river while the rest car- ried the horses 3 mile through a terrible myery Pocoson to a
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verry great marsh to the River side where we were forced to plunge them over head and ears at once into the water from the Marsh, and swim them over the River about J^ mile broad to Stephen Burgesses, to whose house we gott just after it was dark very wett, dirty and tyred with the fatigue of the day, but to comfort us we soon found that this little house which was well filled was full of the Itch, the whole family had it, but the children had it to a great Excess and they tole us that all the neighborhood had it so we made a virtue of necessity and lodged here all night.
It is said of this Mrs. Jones from whose house we came that she is a very civil woman and shews nothing of ruggedness or Immodesty in her carriage, yett she will carry a gunn in the woods and kill deer, turkeys, &c., shoot doun wild cattle, catch and tye hoggs, knock down beeves with an ax and perform the most manfull Exercises as well as most men in those parts.
27th. Early in the morning we left our Quarters and rid six mile to the Chappell which was a very wretched one, soe we passed by and went to Cap* Francis Moss about 5 mile and from hence we rid 6 mile over a Marsh which was myery in some places, tho we Gott a verry good Guide at Cap' Moss" to Mr. Solomon Whites where the Carolina Com", appointed us to meet them and where we were told we might easily swim our horses over Curratuck to the sea side, when we came to the House we were surprized to find that the Carolina Commissioners were not come, and that we were to ride 5 mile down Knots Island to the place where we must take water, and when we came there we found the waters we were to pass was at least 3 mile, of which the Horses swam about J^ of a mile over 3 chan- nells, and all this to gitt to the South side of the Inlett to the House of Thomas Williamson who lives at the Sand Banks just by the sea side, here we lodged in a little wretched open old house where we had much addoe to turn ourselves, it kept the Dew from us but had it rained we should have been well souzed. Here P. L. had a violent feavour.
28th. We swam our horses over Curratuck at the inlett which is about a mile broad (hardly soe much at the mouth) and fixed Mr. Beverley' Quadrant, and another P. L. carryed there to the stump of a bay tree which we cut down for that purpose on the
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sand just by the north side of the Inlett. Expecting the Caro- lina Commissioners would arrive by the time of observation but they did not, and the sun being clouded we could have noe ob- servation to be depended upon, in the afternoon we went along the sea sand 6 mile to Henry Walftoms where we lodged, hav- ing left word with Thomas Williamson where we were gone and that we would return next day. The Land behind the sand bank is generally very low and the trees that grow there are Generally Cedars, Bays, Myrtles, Live Oak and sometimes Pine but rarely Oak, here grows alsoe some Palmeto* & Yoppon or Cassena which by the Indians and the inhabitants there is esteemed very good phisick for feavour, cold and severall other Distempers. In Eng- land they make Tea of it and it is in much esteem.
29th. We went again to the Inlett but we had no news of the Commissioners and the sun did not shine clear enough for an observation being a great mist so P. L. got Mr. Beverley to goe along the water side about )^ a mile ( which was as far as the marsh and water would permit) up the Inlett where we could see the mouth of the Inlett and something of the course of Cur- ratuck river and the back bay, and make a rough skatch of them. Here I must remark that I am informed by one old Cullork and Walfteins wife (and they say there are severall others now alive in those Parts that know it) that within this forty years there was an Inlett about 6 or 7 mile to the Southward of this Inlett which was the main Inlett of Curratuck being considerably deeper than this, and was distinguished from this by the name of Miesque- taugh Inlett the both were called Currotuck Inlett which Inlett is within 30 years quite stopped up with dry sand and people ride over it. in the evening we returned to our lodging again, here they have in this back bay verry large good fatt oysters and much fish.
Thursday 31. We went again to the Inlett this morning it was verry foggy but at noon it cleared up pretty well and we had a good obser\'ation. Mr. Beverley made the zenith Distance to be 13'': 35°: the Declination allowed for this day 23**: 6®: soe that the Lattitude appeared to be 36*: 41°: there being yet noe news of the Carolina Commissioners in 8 days from our parting we dispaired of theyr comeing at all, so we returned to our quarters and from thence traveled 20 mile along the sea shore towards
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Cape Henry to the wido Clousse's who lives about 2 mile from the sea on a branch of Lynhaven river called horse bay where we were verry Civilly Entertained.
The back bay (which is fed) by a small mouth from Currotuck river is about 5 or 6 mile broad, and runs about 15 mile north- ward for the most part ^ a mile from the sea and in some places not a quarter of a mile, the Table of pines is accounted 10 mile from Currotuck Inlett and 20 from Cape Henry, Roodie is ac- counted 10 mile northward of the Table of Pines.
Friday June ist. We left the wido Clousse's and rid 10 miles to Cape Henry along the sea sand and upon the top of a sand hill at the pitch of the point toward the bay side we cutt down 2 small pines and fixed the 2 Quadrants to the stumps and at noone the sun shining pretty clear we had a good observation. Mr. Beverley with his Quadrant made the zenith Distance to be 14"*: the Declination allowed for this day 23**: 10°: so the Latti- tude appeared to be 37**: 10°: I, P. L., with my Davis Quadrant made the zenith Distance to be 13'*: 57°: so that the Lattitude appeared to be 37**: 7*^: which I believe is nearer the truth than Mr. Beverleys, for the Quadrants had been tryed before and agreed very well, but Mr. Beverley was surprissed a little by altering his Quadrant some way in the critticall time and his Quadrant was not selled till I believe the sun was fallen, whereas mine was very steady and I had the utmost of the suns height. Mr. Beverley being dissatisfied with this observation we resolved to have another, and in order to it we set a West course with the compass, and observed what part of Lynhaven bay it struck the land in, and that we designed to take in our way next day, soe we rid along the bay side on the sands 10 mile to Lynhaven river and swam our horses over '<( of a mile wide, a little within the mouth of it. from hence we went 8 mile to Coir * * where we lodged. Here young Mr. Walk told us that he was at Cape Henry in company with about 6 masters of vessells and Marriners (when he went to the West Indies) trying the Latti- tude of the Cape with their Quadrants, and they all found it between the Lattitude of 37**: 6"*: & 37**: 12°:
June 2. We went from Coir Moseleys to the mouth of Little Creek, in Lynhaven bay about 5 or 6 mile above Lynhaven River (the place we set yesterday happening to be much out of
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our way by means of Creeks running out of the bay) from hence we set Cape Henry with the Compass and found we were about yi a mile to the northward of it, here we fixed oui; Quadrant to the stump of a dead tree called Live Oak on the sands, at noon we had both a verry good observation to both our satisfaction and we both found the zenith Distance to be exactly 13**: 53°: the Declination allowed 23**: 14°: soe that the Lattitude appeared to be 37**: 7°: as I made the Cape yesterday, from hence we went about 10 mile to the ferry at Sowells Point at the mouth of Eliza- beth River to get over James River to Kignotan, but the ferry being gone over before we arrived we could not pass, this day therefore we went a mile to Mr. Hat* hers to lodge. We parted with Maj' Harrison this morning, who went to Norfolk on his way home.
Sunday 3. We went to the ferry early in the morning and crosst over to Hampton 6 mile at least, and went to church in the evening, we went up as far as Water" creek mill, 1 1 mile in our way homeward.
4. We rid to Williamsburg, and waited on the Governor be- fore eleven of the clock, he was pleased to send for Mr. La Feavour, to see the manner of our takeing an observation which was performed at noon by Mr. Beverley at the Governors House very much to the satisfection of Mr. La Feavour, who seemed to be of the opinion that our way is more exact than is taken at sea. Mr. La Feavour made the Lattitude to be 37**: 30°: In the eve- ning, I, P. L., went home to Greenspring and soe ended this tiresome Journey.
After we came home we were Informed that whilst we were waiting for the Commissioners at Curratuck they were all up in arms in Carolina, which we suppose was the true cause of our disappointment, for the winds for the most part were Eastwardly yet they were generally so Gentle as not to hinder their rowing down the Sound even with 2 oars. Being now quite without hope of meeting them or doeing anything farther without another appointment and considering that this affair hath been already soe much delayed that everybody in Virginia (and we believe in Carolina too Except the Comiss') thought it high time to bring it to a conclusion and more Especially that it is verry * * * the Court of England Expect some account of it we thought most
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14 VIRGINIA HISTORICAL MAGAZINE.
Expedient to desire another meeting^ which we did by the follow- ing letter sent Express to Mr. Moseley :
Virginia, June the 7th, 1711. Gent:
We were much surprised when we arrived at Mr. Soloman Whites (where you appointed us to meet you) on Sunday the 27th of May in the evening and found you were not arrived, however we proceeded to the mouth of Curratuck Inlett in hopes you would be there on Monday, but when we had waited till Thursday, one of the clock, and could hear nothing at all of you we supposed something extraordinary had happened that had altered your resolution of comeing to Currotuck, and therefore we thought fitt to proceed to Cape Henry to try the truth of our Instrument and soe return home since by this disappointment our conferrences for setling the method of our farther proceeding are disappointed alsoe, we send this Express to desire that you will appoint us a meeting at some convenient place as soon as possible that we may come to some resolution either of running the line betwixt the two countrys or (if we cannot agree upon that) of stating the case betwixt us for her Majesty" determina- tion of it, for undoubtedly it is expected on all sides that some representation of this affair be sent to England by the fleet which will certainly saile from hence the Eleventh of next month, we hope as we have tryed our Instrument at dpe Henry and have alsoe had it examined by Mounsiur La: Feavour, you will alsoe satisfy your selves of yours, and we should be glad to have a sight of it. That we might prove it we send you the copye of our affidavits and Examinations which we should have given you at Currotuck, and desire copys of those you took at our last meeting at Wicocons. We hope for a speedy answer because the time is short, we remaine
Gent. Y' Humb Serv"
P. L. N. H. Directed to Edward Moseley and John Lawson, Esq", Comiss'*
for setling the Bounds, &c.
June 20th. We received the following letter from Mr. Moseley in answer to the former:
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Chawan, June the i8th, 1711. Gent:
I received yours of the 7th Yesterday, I cannot but readily agree with you that it is very necessary some representation should be made of this matter, and am very sorry that we are soe much straightened for want of time, being hindered from meeting you at Currotuck as we intended the winds being East- wardly that it was the 6th of this mouth before we gott to Cur- rotuck Inlett. I shall not detain your Messenger while I write copys of the Depositions, &c. , which you want but shall bring them to William William* plantation, blackwater, where we hope to meet on the last day of this month, wind and weather per- mitting. I have appointed the time soe much longer then I should have done had Mr. Lawson been returned from little river where I left him last week in our return from Currotuck.
I wish those minutes from Mr. Robertson may not be forgott. I am, Gent y' Humb. Servt.
Edward Moseley.
Our messenger that brought this letter informed us that Coll* Gary was come on this side of the Sound with his army which was much Encreased and that Mr. Hyde was engaging some men to stand by him, and that severall persons had been killed and wounded already, it appearing by Mr. Moseley' own letter that Mr. Lawson was not privy to this appointment, together with this news made us very Doubtfull our Journey would be to noe purpose, wherefore I waited on the Governour haveing re- ceived a full account of theyr troubles from Mr. Hyde, was of opinion that it was not likely that they could meet us and order* me to write to them by Mr. Clayton (whome the Governor was just then sending to Mr. Hyde and Coll** Cary to offer his me- diation for composing theyr differrences) for a positive assurance from them both, that they would meet us, and to insist upon meeting in Virginia at this time, or to let us know they can- not meet, wherefore, I, J. L., writt the following letter to them, Mr. Clayton being just going.
Virginia, Williamsburg, June the 21st, 171 1. Gent:
I have but just this minute to Informe you that Mr. Moseleys letter of the i8th appointing a meeting at William Williams" on
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16 VIRGINIA HISTORICAL MAGAZINE.
the last of this month, came to my hand last night and as soe long a Journey (should it prove fruitless) ivould be very Inconve- nient as well as tiresome, soe near the goeing out of a fleet: I have these objections to this appointment: first from the best accounts we have of the present Commotions in your Govern- ment, it seems verry improbable that Mr. Lawson can attend this meeting, Especially since it appears to me that he is not privy to the making this appointment, neither is it verry likely if the Differences Continue, that any of us can attend it. In the next place the plan is verry Inconvenient, since both Mr. Mose- ley and we live on this side the Sound, and Mr. Lawson being by water, both sides must be equall to him, I cannot Imagine why we should cross it, and not rather meet at some convenient House on this side, either in Virginia or Carolina, tho as the case now stands, I should think it best for every body that it be in Virginia, that neither party may be insulted. I send this by- Mr. Clayton who I hope will Effect the good work he is sent to doe by our Governor ( i. e. to procure peace or at least a Cessa- tion of amies), which I hope will facilitate our meeting, pray let us hear from you without delay, and whatever place Mr. Law- son agrees to, that we may be certain of a meeting, we will certainly meet you on Monday, the 2nd of July without faile, if you will lett us know your resolutions by next Wensday night, but if we cannot have a meeting then, it must delayed till the fleet is gone, for I am obliged to be at Williamsburg on the 9th to audit the officers accounts of her Majesty" revenue and I sup- pose the business of our meeting will take up more than one day, tho have not time to get Mr. Harrisons hand to this letter I will undertake for his performance of what I have promised. I heartily wish you peace and am,
Gent, y' Humb: Serv\
P. L.
Edward Moseley and John Lawson Esq", Comss" or either of
them.
July 3d, 17 II, I, P. L., received the following letters from Mr. Moseley and Mr. Lawson:
From Coll* Pollucks, June 29th, 171 1. Gentlemen,
I was favored with yours by Mr. Clayton which I sent a copy
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of to Mr. Moseley and told him I thought we ought to wait on you in Virginia at your own homes, which is my opinion since the Governor & Council have manifested so much concern for the peace and safety of this Distracted colony. I had noe far- ther answer from Mr. Moseley but that he would be with me this day, but he is not yet come. I did intend to have come with Mr. Clayton, but the disorders has prevented mee. we had not the good fortune to meet you at Currotuck, but found you had been there. Mr. Moseley put a sea Quadrant into the same position as Mr. Beverley had his. he and I never differed above two minutes, and seldom but one minute. I am very con- fident of the mistake by your Instruments error, which I hope by your observations at Currotuck, you are satisfied of I have Considered our affairs, and believe it is our duty on both sides, to avoid all useless Cavills, but to come with Equity and good reason to the business in hand, as for 10 yeares I make no doubt of its not being the bound^ Intended, but that Nottoway is the true Wyanoke, and I doe propose to run from Currotuck a due west line to the end of the bounds, or to run from Curro- tuck the same course; it will be found to be to Nottoway, and thence to the mountains &c., or if we find not practicall to run through the Dismal, either to make a circular survey, thereby to know the true course, or to run West from Currotuck to the Dismall. and from Nottoway to the Dismall East. I doubt not but Mr. Moseley will agree to this. If this meets not with your acceptance by reason of the Incertainty of our Instruments, I desire we may refer to a certain large Quadrant which may be speedily had. these with humble Respects, I am Gentlemen,
Y' most Humbr & obiged Serv*,
John Lawson. Mr. Mosely is Just come.
Chawan, June 29th, 17 11. Gent:
I have just now saw Mr. Lawson' s letter of this date and doe readily agree with him concerning the Line, tho I must confess another motive hinders my waiting on you in Virginia than what Mr. Lawson assigns.
I assure you I should have gladly waited on you but I have
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18 VIRGINIA HISTORICAL MAGAZINE.
soe much work on hand concerning this business that if I should pretend to wait on you, and we should not come to an agree- ment, I should be prevented in sending the Depositions, &c. , relating to this matter to my masters, the Lords Proprietor, who have Imployed me, which I shall readily omitt if you please to agree with Mr. Lawsons proposall.
I am Gent, y' most Humb. Servt:
Edw'd Moselev.
July the 9th at night. Mr. William Robertson informed me, P. L., that Mr. Hyde had sent in a messenger to the Governor and that Mr. Lawson desired me to send him an answer to his last letter by him, wherefore I went next morning to Williams- burgh and meeting the messenger I writt the following Letter:
Virg'a, July the loth, 1711. Gent:
Both your Letters of June 29th, Directed to Maj: Harrison and myself, came to my hand the 3rd Instant, but Maj: Harrison having been hindered from comeing over James River, want of health & the sickness that has been at one of his plantations, I have not seen him since I received your Letters, which together with the shortness of the notice I have of this messenger makes me verry unfitt for giving a full answer to your propositions, but since you desire it I will give you the best I can at present, as to the first part, concerning the Instrument, we are soe farr from being Convinced from the Errors of our Instruments that by 2 observations at Cape Henry we think we have fully proved the truth of it. Consequently the Error must be on your side. Especially since we have taken the pains since our comeing home to prove the truth of all the parts of our Instrument. We should be verry glad of an opportunity of proving the gradua- tions, &c., of your Ring and of proving our Quadrant to you, and if a large Quadrant can be had we should be glad to try bothe the Instruments by it for your satisfaction, tho for our parts (till we are better Informed) we are satisfied that the creek now called Wycocanns is the true Wyanoke Creek mentioned in the Carolina Charter, and we think it clearly proved to be soe, for we must tell you we do not think the Lattitude alone Decides
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that Dispute since the charter is not positive, if we did we should Insist upon goeing farther Southward than Wycocanns creek.
Upon the whole matter we are willing to wave all our Preten- tions farther Southward and to begin at Currotuck Inlett that now is and to run straight to Wicocanns or Wyanoke creek according to the true Intent of your Charters and from there West as farr as you please. I dare not venture to make any other proposition of myself nor to stop your messenger till I can consult Mr. Harrison, and since it is very difficult to agree upon anything at this Distance without a meeting where we might Discourse the matter more largely and much more to each others Satisfaction than can easily be done by writing, I would propose a meeting in Virginia as soon as may be before the 19th, for our fleet will certainly sail the 29th, and the Governor has appointed a council to be on the 24th, at which time we are ordered to re- port our proceedings, for he is resolved to transmitt as full a representation of this affair as he can by this fleet. I had a , Prospect of waiting on our Governor into Carolina who was to have set out on Monday last and I did resolve to have seen you both before my return but we haveing advice on Saturday night that Coir Cary is returned and his crews dispersed the Governor has given over the designe. I should have been glad of your Company at Green Spring and I believe Mr. Moseley might have sent his Depositions, &c. , from hence (especially with your assistance) as well as from Carolina. If you desire a meeting pray give us notice a day or two before that we may not disap- point you. The Messenger who carried this letter set out the next morning to go straight to Coll** Hyde where Mr. Lawson was, which he might verry well travel in 2 days.
I am, Gent: y' verry Humb. Servt.
Phill. Ludwell.
To Edw** Moseley & John Lawson, E^q", Commissioners for settling the bounds betwixt Virginia & Carolina or to either of them.
July y* 22d. I, P. L., Received the following Letter from Mr. Lawson by one of my neighbours who met with it accident- ally in the Isle of Wight County:
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20 VIRGINIA HISTORICAL MAGAZINE.
North Carolina, July the 15th, 1711. Gent:
Coll" Lud wells letter of July loth came safe to hand the 15th Current, and according to your request doe Intend (God willing) to set out for Virginia on Tuesday next if Mr. Moseley will be prevailed to come with me to meet you at Green Spring, this is what offers at present from
Gent: y' Most Humb. & Obedient Servt.
John Lawson.
22d. The same day Mr. Moseley and Maj: Harrison came to Green Spring Expecting to meet Mr. Lawson who did not arrive at Williamsburgh till Thursday the 26th in the evening, and then he was obliged to goe back as farr as Coll" Jones that night, but promised to be at Green Spring early the next morning. Mr. Moseley stayed at Williamsburgh that night and promised to come with Mr. Lawson in the morning.
27th. I sent a horse verry early to Williamsburgh for Mr. • Lawson and Maj. Harrison and I waited all day in Expectation of theyr Comeing in vain, till about sun sett Mr. Lawson Came and told us that Mr. Moseley was gone to James Towne and would be with us in the morning.
Ye 28th. We waited till about 2 of Clock for Mr. Moseley* s comeing and then we were in hopes of comeing to some conclu- sion, but we found them as farr from comeing to any reasonable conclusion as ever as will appear by the following minutes:
At a meeting of the Commissioners for setling the bounds betwixt Virginia & Carolina, Green Spring July 28th 1711 — pres- ent on the part of Virginia P. Ludwell & N. Harrison, on the part of Carolina Edw* Moseley and John Lawson Esq".
Severall Evidences being read concerning Wyanoke Creek and some Debates had there upon and upon the observations of the Lattitude taken at Wicocanns Creek Nottoway river and Currotuck Inlett, and finding that by the observations at Curro- tuck both of Mr. Lawson and Mr. Beverley the Lattitude ap- peared to be near the same altho' they differed about twenty minutes at the other 2 places, for the further satisfaction of Mr. Lawson whether he made any mistake at Nottoway or Wico-
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canns, he promises to try his Instrument again as he returns home and to let us know in 3 weeks how he agrees with his for- mer observation and it is agreed that as soon as possible may be after such notice we have a meeting at John Cotton's house at South Key to make a finall agreement either of running the line betwixt the 2 countrys, or if wee Cannot agree upon that to make a Representation of the State of the case and at the same time to carry Instruments to the place that if need be we may make further observations of the Lattitude.
Test P. L.
Mem. The Carolina Commissioners gave us copys of the Depositions of Will" Bonner, James Farlo, Lawrence Mague, George Bullok, Edward Sopthwick, and told us that they ob- served at Currotuck on June the 6th and the Zenith Distance by the Sea Quadrant was 13'*: 18°: and by Mr. Lawrence's Instru- ment 1;^**: 16°.
Aug. 7th. Mr. N. Harrison received the following Letter from Mr. Lawson by a Nansimund Indian:
Nansimund Indian Towne, Aug* ist, 1711. I have this day taken the sun's Meridian altitude with all the Exactness I possibly, and found it to be 68"*: 37°, which I take to be 36. 31. allowing for the Paralax and difference of time. I am in great hast and cannot here make a very nice calculation, but I am sure to a minute or thereabouts. I desier your ap- pointment at John Cottons and hope it will be by the last of this month at the farthest. My humble respects &c.
I am S' with all due respects y' most Humb. &c.
John Lawson. Superscribed. For Maj. Nath" Harrison James river, Virginia.
P. S. I observed at the Indian Towne which is about a mile Distant from the place.
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GENERAL COURT DECISIONS, 1664-1670.
At a General meeting of the Governor and Council at James City 2ist of June, 1665. P'sent: Sir William Berkeley, Knt., Governor, &c., Thomas Ludwell, sec'ry, Richard Bennett, Col. Thomas Swann, Thomas Stegg, George Read, Nathan- iel Bacon, Francis Willis, Miles Cary, John Carter, Theo- derick Bland. Whereas it is by this Board thought fit for the better security both of the Ships and Country that all the ordnance now lying at Point Comfort be weighed and loaden on board sloops and brought up to James City, it is therefore ordered that Col. Miles Cary be empowered to agree with the masters of some ships now riding in James River to do the same, and to assure them that what he shall agree with them for shall be certainly paid the next year out of the two shillings p' Hogshead, and the said Col. Cary is hereby further empowered either to hire or press sloops and men for the bringing the said guns to town as aforesaid, and what he shall agree with them for shall be paid out of the public money or tobacco next year.
Whereas his majesty out of his princely care for the preserva- tion of all other his dominions, so of this Colony of Virginia against the attempts and invasions of his most unjust enemies the Dutch now at war with him and his subjects, did on the 27th of January, 1664, direct his royal Commands to the Governor of this his said Colony for the puting the said Colony into the best posture of defence he possibly could against the enemies afore- said, and to use his best endeavours for the defence and security of all those ships that trade into this Colony during their stay here, which said royal commands coming to the Governor's hands on the 3rd of June, 1665, he in obedience thereunto sum- moned the Council to meet him at James City the 20th of the same month, there to advise and consider of the best way of securing the said Colony and ships trading thereunto, and the said Council above mentioned attending him at the day aforesaid upon a serious debate and consideration of all the particulars in
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DECISIONS OF VIRGINIA GENERAL COURT. 23
his said Majesties most royal and gracious commands, have in obedience thereunto ordered and do hereby order and command all Colonels of regiments within this Colony forthwith to draw their regiments together at their respective usual places, and there to survey their arms and if any are unfixed to command them speedily to be fixed, and all smiths are hereby required forth with to fix all such arms as shall be brought unto them any other work in their hands notwithstanding, and to do the said work at such reasonable rates as the Courts held in the respec- tive Counties shall judge fit.
And it is further ordered that all the said Colonels with all their inferior officers shall stand and remain ready to march and obey any other order from the Governor at two days' warning, and for the better security of the ships aforesaid it is ordered that all the said ships shall ride in four places, vizt: at James City in James River on the South side over against Tyndall's point, in York River, in Rappahannock River in a place as shall be judged fit by the Council and justices inhabiting that River, and on the Eastern shore, at Pungoteague, such places as the justices there shall think fit, and that they ride with hasers on the shore ready to hall on shore upon any approaching danger, and it is further ordered that there be ten men out of every County's Company chosen and sent with tools and necessary provisions, to be paid for by the public, to the said respective places of riding, there to build a platform for battery and lines for small shott to defend the said ships, and to begin the said work on the tenth of Sep- tember next and to finish it according to such directions as they shall receive from the Governor, and with ^11 possible speed, and because we have not ordnance and ammunition of our own, it is ordered that the Governor be desired to represent that our want to his Majesty and most humbly to beseech him either to supply us out of his own store with ordnance, or to give us power to take two out of every ship to furnish our said batteries, either to be returned to them at their departure or else to be paid for out of the two shillings p. hogshead.
And it is further ordered for the better supply of our Maga- zine that the Auditor send for two hundred pounds worth of powder and shott, vizt: Caliverand pistol bullets and high Swan shott to be brought in by the first ships, and lastly it is ordered
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that all the ordnance that lies at Point Comfort be weighed and brought up to James City with all possible speed at the public charge.
19th October, 1665. The Honourable Governor &c., Secretary, Col. Smith, Mr. Bland, Col. Bacon, Col. Cary, Col. Stegg.
Captain William Whiting commander of an English ship at his arrival in this country was accused for piracy, and then com- mitted to the Sheriff's custody at James City, where he has re- mained and now brought to tryal, where it evidently appears that the said Whiting did take and rob a ship belonging to his Majesty of Spain now in a league with and friendship with his sacred Majesty of England, it is therefore ordered that the said Whiteing be sent for England prisoner on the first ship that shall go thither out of this country, to answer his accusation in the court of admiralty there, and that in the mean time the said Sheriff of James City secure the person of the said Whiteing, and that the ship Whiteing came into this country with now riding seized in his Majesties name in Elizabeth River, there remain until further order, and it is further ordered that all the indians the said Whiteing brought in being taken in the said Spanish ship being hereby declared free indians and accordingly to have their liberties.
At a General Court held at James City the 28th of March, 1666. P'sent: Sir William Berkeley, Knt: Governor &c., Thomas Ludwell, Sec^ Thomas Swann, George Reade, Nathaniel Bacon, Maj' Gen' Smith, Thomas Stegg, Augustine- Warner, Francis Willis, Miles Cary.
Whereas his sacred Majesty did by his royal letters dated the 15th of November, 1665, amongst other things command that for their mutual security no ships trading into this country should depart from hence until the first of April next, and then to go in one fleet under the command of an Admiral and other officers required for the conduct of a fleet to be appointed by the Gov- ernor of this place, and whereas in all humility we believe from the above mentioned and other parts of the said royal let- ters that his Majesty out of his Princely care of the Welfare and
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DECISIONS OF VIRGINIA GENERAL COURT. 25
safety of all his subjects did intend the said restriction until the time aforesaid as a fit means of drawing together a sufficient number of good ships to defend themselves against any enemy that shall attack them, and whereas we find upon diligent en- quiry that there will not be both in Virginia and Maryland at the expiration of the said restriction a sufficient fleet either for num- ber or force to defend themselves against the violence of one man of War of thirty guns, The Governor and Council taking the premises into their most serious consideration have thought fit to order and 'tis hereby accordingly ordered that for the bet- ter obtaining the good end aforesaid, no ship or ships be per- mitted to depart this Colony until the last of April, and then to observe and obey all such orders as are expressed in the royal letters, but in case that by the arrival of the London fleet we have such inteligence, either of peace or other security as may remove our present apprehensions of danger, then it shall be lawful after leave obtained from the Governor to depart at or after the 15th of April.
Whereas his most Sacred Majesty was graciously pleased by his royal instructions dated 12th of September, in the fourteenth year of his reign and in the year of our Lord one thousand six hundred sixty and two, to confirm to this his Majesties Colony of Virginia an imposition of two shillings p. hogshead upon all tobacco exported, with command that the moneys raised by the said import should be employed for the support of the Govern- ment there, and for the advancement of manufacture and divers others good designs for the advantage of this his Majesties Colony, and whereas this last year several ships together with their loading have been taken on their return home from hence by the dutch men of war, though none went but in Fleets accord- ing to the Command of his Majesty and the lords of his most Honourable privy council, except some few who went contrary to express command, one of which (vizt.) Russel of Topham, was taken, and whereas many of the merchants and freighters upon the said ship taken as aforesaid have descried a reimburse- ment of the said impost paid for their goods so lost with such limitations as are expressed in an Act of Parliament entitled an Act for Tunnage and poundage, the Governor and Council tak- ing the premises into their most serious consideration, and withall
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considering the present great expense of this Colony occasioned by building a fort for the necessary defence of shipping and pro- viding themselves against any attempt reasonably to be expected from a foreign enemy, and such as are at present threatened from our bordering indians confederated with remoter nations and having little else by reason of the present extreme low value of tobacco either to compass those good ends or defray the charges aforesaid, besides the very small revenue raised out of the said impost of two shillings p. hogshead, have thought fit to order and it is hereby accordingly ordered that all such repay- ments to be made upon goods lost as aforesaid, shall be sus- pended until it shall be declared by his Majesty and the lords of his most Honourable privy Council whether the said impost being so small and de^^ign'd and employed for so many and so important ends doth fall within the compass and equity of the said Act for tunnage and poundage or not. And if it shall be judged on the affirmative that then whether we shall make such repayments according to the said rules in the said Act prescribed, or whether considering our present great and pressing necessi- ties we shall have a longer time given us for the same, to all or any of which decisions we shall pay most humble and ready obedience and to all other the Commands of that most Honour- able board.
29th day.
Sir William Berkeley, Knt., Governor, &c., Thomas Ludwell, sec', Maj' Gen' Smith, Col. Thomas Swann, Col. Carter, Col. Bacon, Col. Cary, Col. Willis, Col. Beale.
For the expectations effecting the building of a fort at Point Comfort according to his Majesties command, it is ordered that the sheriff of Nansemond County press forty men who with their provision of victuals and tools are to work upon the fort at Point Comfort when commanded thereunto, thirty men with their provisions of victuals and tools to the work aforesaid out of Lower Norfolk, twenty-five men with their provision of vic- tuals and tools for work aforesaid out of Warwick County, twenty men with their provisions of victuals and tools for the work aforesaid out of Elizabeth City County, and one house of forty foot long and twenty foot wide to be built at the fort of
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Point Comfort with all expedition at the public charge and for the accommodation of the men that come to work there.
Whereas the Right Honourable the Governor did receive a command from the Kings Majesty and the lords of his Majesties most Honourable privy Council for the building of one or more forts in convenient places for the security both of this Colony and the ships trading to it from the invadings of the Dutch and all other people enemies to his majesty and his people, the Grand Assembly upon communication of the said royal Commands accordingly ordered in obedience to the same, that a fort should be built at James City as the best and most convenient place for the good ends aforesaid, and that a levy of one hundred thous- sand pounds of tobacco should be raised upon the country for the effecting of the same, and whereas our said Governor has lately received a more positive command, dated at Oxford the 4th of November, 1665, and in the seventeenth year of his Ma- jesties reign, from his most sacred Majesty to build the said fort in the mouth of James River, which command although we in all humility do suppose to be obtained by the misinformation of some persons whose particular interests carried them against the more publick concernments of this country and the merchants trading hither, yet that we may be found rather to pay a ready obedience to all his Majesties Commands as we ought rather then to demur to any of them at this distance, though we know it would have been more for his Majesties service the safety of this country and the ships trading to it to have built it at James City where it would have been defended with a fifth part of the charge, being more in the heart of the country, and would have been a certain service to all ships and goods under its defence than at Point Comfort, and the only place on the mouth of this River where we conceive it to be of no defence at all, because ships cannot hale on shore but they will be exposed to the violence of all the winds of three-quarters of the Compass, and the place so remote from all assistance that it cannot be defended but by a constant garrison in full pay to the almost insupportable charge of the Country, we have upon mature and serious consideration upon the whole matter or- dered and do hereby accordingly order that according to his Majesties said royal commands the fort to be built at Point
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Comfort and for the speedier effecting the same, .it is further ordered that every ship now riding in James River, or which shall hereafter ride in the same, shall spare one carpenter with his provisions of diet and tools to work upon the said fort according to the directions as they shall from time to time re- ceive for the space of fourteen working days to begin upon demand, the country paying the same wages as they were really shipped for, and since the said fort is built for the mutual security of the ships and country, and the country hath already at a great charge removed the artillery from thence to James City, where they would willingly they should have been mounted for the good uses aforesaid, we think it most fit and do accordingly order that they be removed and carried to the said Point Comfort at the sole and proper costs of the ships trading into the said River, and since it will appear by the abovesaid order of Assembly that in regard of the profit they might receive by living near the fort the inhabitants of James City County and Surry, we ordered to give so much work as might fill up the works with earth, it is for the same reasons ordered that the inhabitants of Warwick, Elizabeth, lower and upper Norfolk counties do the same.
And it is further ordered that for the more expeditious and certain eflfecting of the premises three or more of the Justices of each of the abovesaid counties do on the fourth of March next meet at the Court House of Nansemond, and Maj. Gen' Bennett is hereby desired to meet them at the time and place aforesaid, to order a fit proportion of men with axes, saws and other tools necessary for the falling of trees of pine upon the island of Point Comfort, and to order them provisions at reasonable rates, and the said men to work at twenty pounds of Tobacco p. diem, and that the said men with their necessarys be ready upon demand to go to work, and lastly because we judge this business to be too remote for Capt. William Bassett to effect, it is ordered that Mr. Thomas Cary do take the same into his care and conduct with full power to press Carts and oxen or any other necessaries for the performance of the said work, and the masters or owners of the said carts, oxen or other necessarys to be paid by the Country at reasonable rates, and Col. Miles Cary is hereby desired to advise and assist his son in the performance of the same, and that the said Thomas Cary have for his care and pains
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LETTERS OF WILLIAM FITZHUGH. 29
in the said work the same reward which was ordered to Capt. William Bassett in case he had done the same.
At a meeting &c.
Whereas his most sacred Majesty by his Command dated at Oxford the 4th of November, 1665, in the seventeenth year of his reign, hath charged and required the right honourable the Governor to convert the duties formerly paid to the Capt. of the fort wholly to the building and defence of the same, it is hereby ordered in obedience to the said royal commands that all ships trading to this country do pay the said duty in kind as formerly, that is in powder and lead or iron shot, and it is further ordered that if any of them have any more powder to spare than what will be due from them, that they sell it to the country for what it cost them with thirty per cent, advance upon their first charge, and that the Clerk of the Council do send copies of this order to all the Collectors.
LETTERS OF WILLIAM FITZHUGH.
May 30th, 1695. Mr. Nicholas Hay ward:
S' Your letters the first, of 3d february 169 1 the second duplicated of the 15th Nov' 1794, & your last of the 15th Dec' 1694, I have received & have this first opportunity of answering. I remember no more bills than your letters mentioned, & must acknowledge your favors in answering all my bills as your second letter mentions. I hope by this time your intention of selling Osborn's tract is over, because I find no mention thereof in your second and last letter. I neither desire nor wish for a better neigh- bour & I hope in time you will find it advantageously convenient, though I must confess if I must change my neighbour I would rather myself than have a bad one; Mr. Hewell's business I have discoursed with his widow & Capt. Brent. The widow says she has paid it, Capt. Brent says he has never received it. She is my neighbour and a widow, the other is my particular friend,
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therefore cannot arrive at the truth of the story & for that reason can not do you nor Mrs. Lewis that service therein, as my obli- gations & inclinations require. Your Brother Mr. Samuel Hay- ward assured me he would be full to you in Mr. Peyton's busi- ness therefore about that I need say no further. S*^ I thank your kindness in speeding away my letter to my mother, often miscarriages have occasioned her present necessity, which would not have been if Mr. Cooper had rightly understood my former letters, but now I have taken a course with him about her supply without further hearing from me, which I hope he will perform. Your letter to my brother Luke he received but the meaning thereof, my sister being dead, he will not be made to understand at present, and is so great a fool that in one years time he will be incapable of serving himself or friends, therefore I advise if he owes you any thing, you take the first opportunity while he has something left to get it out of his hands. I reckon upon my accounts by your accounts current. Therefore never remem- bered the too Goodriches' bill. If you can get anything of them it will be so much money saved. I have enclosed sent Capt. Thos. Emmes bills of Exchange for £28. 5. 6. drawn upon Mr. Joseph Jackson of London Merchant, which I dare- say will be punctually paid. I shall longingly expect to hear from you the same news that I can now assure you of that we are here all well. Please to send me if you can meet with a con- veniency new Gears for my Callash, the old ones being almost rotten, duplicated by Capt. Jones of the Richard and John of Bristol. I am your
Wff. To Mr. Nicholas Hayward.
June 3rd, 1695. Mr. John Cooper:
S^ The above is copy of my former of May 30th date by way of Plymouth. This comes farther to acquaint you that I have in Capt. Emmes in the Preservation of London, consigned you 20 hhds. of Orinoko Tobacco, which I assure myself will come to a good market and am sure that you will use the same to my utmost advantage. About 20;^ worth of coarse goods
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LETTERS OF WILLIAM FITZHUGH. 31
would come very acceptably to me, provided the market will keep me out of debt, & answer what I have already ordered. I refer all to yourself, but with this instruction bring me not in your debt, lest you then claim what I now will freely offer with- out compulsion to be
Your Wff. To Mr. John Cooper & Co.
June ID, 1695. Mr. John Cooper:
S\ I have this year sent you divers letters & therein given you account of what letters I received from you; this is only written because of present conveniency offers again to acquaint you that I have in Tricket in the Ship Margaret consigned you eight hhds. Tobacco. I have also in the Ship Preservation of London, Capt. Thos. Emmes, Master, consigned you 20 hhds. Tobacco. I have likewise in the Ship Tower of London con- signed you 37 hhds. Tobacco; by all of which ships I have also sent letters & bills of Loading, which I hope will all come safe to hand, and that the Tob° will yield me a good price as any other Orinoko Tobacco is sold for, which our Orinoko Merchants here are under large expectation, and has been the induciye means to persuade me to ship so much for England this more than in one year I ever did, and I hope well timed. The quan- tity Consigned to you is 65 hhds., which surely will yield me a great deal of money, & encourage me for the future to large con- signments of Orinoko. My Sweet scented as Cheap again as it was sold any where that year that I consigned it you, though your parcell if there was any difference was the best. I admire at your account to sell full commission both to yourself and your Bristol Merchant Duddlestone. Tobacco had Need be high sold to bring any money in the Planter's pocket after such charges. In enclosed is a Second bill of loading for thirty seven hhds. in the Ship Tower of London, Capt. James Kirke, Commander, and belonging to Mr. Peter Renew, Merch't in London; if this letter comes to your hand before his arrival I would advise you if you could to sell the Tob* at so much Tob** per hhd. clear, because it is but light & perhaps it might be the profitablest way of selling the Same. I have been so large in former letters &
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those duplicated that I know not what farther to say than to advise your account current & to hear from you by the first con- veniency. I am
Wff. To Mr. John Cooper, Merch't in London.
June II, 1695. Mr. John Taylor,
S' My last was by Capt. Emmes in the Preservation, per cover of a bill of loading for 13 hhd Tob" there shipped & con- signed to you which I hope will come to good Market; this come now to desire you to serve me in goods for what I shall have in your hands after the sale of the said Tob**; let it be in Nails, hoes, axes, kerseys, cotton & other coarse goods. In yours I find my charges very high for freight which the Master Capt. Tricket told me was all that was paid for my goods. • Jos- hua Doyne's & Ralph Smith's goods I leave yourself to judge what reasons I have to pay for their goods, and I rather be- lieve it a mistake, and assure myself upon this information you will regulate it.
To Mr. John Taylor, Merchant in London.
June 15, 1695. To Mr. George Mason.
S"^ Having met with a conveniency of some black walnut plank and meeting with an opportunitv for the freight thereof, in Capt. Jones, I thought you the fittest to consign it to, because I find you just in my former correspondence and understanding you are now building, your self might aflford a good price, and suit your conveniency with the same.
Enclosed is a bill of loading for the same which I hope will come to your hand, from S",
Yours Wflf. To Mr. Geo. Mason Merchant &c.
June 15, 1695. Capt. Wm. Jones.
S^ This comes for cover of a bill of loading for 22 hhds Orinoko Tob^ Its weighty and as I am told bright, but I dare
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NORTHAMPTON COUNTY RECORDS. 33
nut assure you it will answer a dutch market. I believe & so shall advise if it be probable that you sell it at the Mast accord- ing to your phrase there; the money that it produces kept in your hands till my farther orders. If it should come to a good market it would contribute well towards an Intention I have of being interested in part of a ship for your port. Pray let me hear from you by all Conveniency & therein you will oblige,
S' Your Wff. To Capt. Wm. Jones, Mariner &c.
Northampton County Records in 17th Century.
(continued.)
At the Court held July 29, 1651, among other things 25 horses and mares were to be provided with saddles and bridles; if not sufficient riders, men were to be pressed by the Sheriff on the mondy next at three o*clk in the afternoon at Nassawattocks at the house of Richard Bayly. Each man was to bring with him half a pound of powder with shot and bullets proportionate, and provisions for one week; to be armed with pistols, carbines, & short swords. And they were also authorized to take such things wherever they found them from the planters.
At the next Court May loth, 1651, it was recorded that Ed- mund Scarborough, Thos. Johnson, Richard Vaughan, John Dollings, John Robinson, Toby Norton, Richard Bayly,- Am- brose Dixon, Richard Hill, Tomlin Price and divers others, in- habitants and freemen in Northampton, did in a hostile manner contrary to the known laws of Virginia, on the 28th of last April raise a body of men, and marched among the Indians to take or kill the king of Pocomoke. They shot at the Indians, slashed them, cut their bows, took Indians prisoners, bound one of them with a chain, which accordingly caused the Indians to gather themselves together in great Multitudes to invade the county to the great danger of the peoples' lives and estates. The Sheriff was ordered to take, to the number of fifty or all who went
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against the Indians, into custody, till they give security for their appearance at James City before the Governor & Council; and Argall Yardly & Mr. William Andrews were expressed to the Gov. & Council at James City to prosecute the defendants. Also that a boat with provisions and three men to be in attend- ance to wait & attend on E^q. Yardly & Mr. Andrews to James City, and that diligent ward and watch be kept throughout the county of Northampton, in hope to discover and prevent the supposed plot or conspiracy of the Indians. It was ordered that Mr. Andrews should send to Onecren (or Onecrew) of Poka- moke loo arms length of Roanoke; to the King of Metomkin ID weeding hoes; to the two Indians that were bound neck 8i heels, and to the Indian shot by the wife of Toby Selby 20 arms length of Roanoke; said Andrews to be satisfied out of the next crop of tobacco.
The testimony of John Ames & Wm. Scott sayeth, " that we John Ames skipper, and Wm. Scott, pilot, of the Seahorse be- longing unto Edm. Scarborough, of Virginia, merchant, on the 3rd of June, i6ji, being employed unto Delaware Bay, by the Dutch called the South River of New Netherlands, were taken, searched and detained by violence, together with our merchan- dise, as we were sailing by the said River, which piracy was acted by Andrew Hudson Dep'ty Gov"^ Gen' of New Nether- lands, by order from the Dutch West India Company, and hav- ing so searched and taken us, we were now carried to the Fort Nassau in the same river, our English colors pull* down and Dutch colors put on the vessel, with many insolent speeches to us, for which they would render no reason but their will: This we make oath unto." John Colony also deposes to the same, but says they pretended it was for customs, although Stephesant the Gov. had invited them to trade there without paying cus- toms.
Stephen Charlton was appointed Captain of Nassawattacks, Edmund Scarborough of Occohannock, and Sam' Goldsmith of Nandue, Wm. Andrews for Hungars, John Stringer for Savage's Neck, Obedience Robins for the next, and Edward Douglas for Magotha Bay, Peter Walker to command the horse.
March 30th, 7^5^. Wm. Waters applies for license to keep an
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NORTHAMPTON COUNTY RECORDS. 35
ordinary or victualling house at Nassawattocks, and he is charged to keep good order & etc. when the Court meets there.
There is a petition to the Assembly May, i6§2, complaining of a tax of 40 lbs of Tobacco a poll: and they say they had not been represented in the Assembly since 1647, and are not bound by the acts of said Assembly, but that they did understand and suppose (because there had been no orders to send Burgesses) that the county of Northampton is disjoined and sequestered from the rest of Virginia, and therefore laws that requireth & enjoyneth taxation from them are arbitrary and illegal. They also desired an annual choice of magistrates, and if they could not have the privilege of a peculiar government, that then all causes, suits and trials of what nature soever might be tried in our courts of Northampton. "And if there was a free and gen- eral voice for Governor then we give our unanimous voice for Richard Bennett." The signers of this are Stephen Charlton, Levin Denwood, Jno. Nuthall, Wm. Whittington, Jno. Ellis, Stephen Horsey.
The master of every family in Northampton and every free- man ordered to meet at the house of Walter Williams on the 16 Feb., 1 6s I, to consider upon the peace & safety of the county.
At a Court of Vestry held at the parish of Northampton June 1 6th, i6§2y Present Edm'nd Scarborough, Thos. Johnson, Rich- ard Vaughan (vestrymen) R^alph Barlow, Robt. Parker, John Edwards, Richard Hill, John Ellis, Wm Taylor, Richd. Smyth, Richd. Tegg, and Mr. Thos. Teagle (minister). *' That day Benj. Matthews and John Wise were made choice of for church wardens for this parish, and having administered the oath unto them in the name of the keeper of the Liberties of England, by authority of Parliament, for the execution of their office.*' They also appointed Jno. Taylor Constable.
July, 16^2, is recorded: *' Whereas divers Indians from the Town of Oanancocke, have declared unto us, that through the affectionate love they have bourne unto our Nation, have from time to time suffered us to locate upon their land for some small satisfaction received of us for the said land, insomuch that the Indians are now straightened from their hunting, (a great part • )f their relief consisting thereupon) and also they have declared
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that lately divers of our people have been in their woods and laid out land even unto very town of Oanancocke, which if they should part with they should wholly destroy the inheritance of themselves & their posterity: It is thought fit therefore & so ordered. That no man shall presume to seat upon any land on the north side of Pungotegge, unless compensation be made to the Indians, & that the same be manifested to our Court by some Indian, being of their Great Men."
Walter Williams, the ordinary keeper, complains that he can- not collect his dues from many of the Inhabitants who owe him for their accommodations.
The deposition of Jane Safford aged 22 years Sayeth (among: other things) that Jane Hartly the wife of Elias Hartley & Su- sannah Smyth the wife of Richard Smyth, were at the house of her mistress, & Jane Hartly asked my mistress to lend her some money to pay this turnip woman, for says she, I owe her for some turnips. Whereupon Susannah Smyth having a jug of beer in her hand, did throw the beer into the face of the said Jane Hartley. And Jane Hartly did draw a knife, but they were kept apart by the people in the house.
Jan. , i6j2. An order was got from the General Assembly to sei^e any Dutch ships that came into the waters, saying they were afraid for the safety of the place. An order from Gov' Bennett, that we were at war with the Dutch ordering out the militia. Mention of a Turk who gives Thos. Harrison a calf & signs in the Turkish language. Among other things sold by Edmund Scarborough to Wm. Bunton of Boston, N. England are 3000 acres of land called Occohannock for 14 years, at which time his son Edmund would come to age; also a barque by the name Deliverance of 20 tons for 50 /^ short, 72 moose skins at 10 shillings short, a Barque by the name of the May Flower with all her sails & rigging for 120 ;^ short; a Galiot by the name of King David with all things belonging to her, for 180 ;^ ster- ling; a shallop for 20 jC sterling. This sale amounted to 1743 pounds sterling or short. The first enlaiV mention is from Wm. Andrews to his son Robt. July 8th, 16^3.
Anthony Johnson, negro, & Mary his wife who have been Inhabitants of the county above thirty years, & having the great misfortune to lose by a fire after great service & etc. are exempted
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NORTHAMPTON COUNTY RECORDS. 37
from paying taxes. It would seem from this ihey were here before 1623.
An order came from Gov. Bennett to seize & take all Dutch vessels, especially a Dutch ship then riding in the waters of Accomac.
** We the commissioners of Northampton County received a petition from the Dutchmen in generall (inhabitants of ihis county) wherein, they do not only complain, of a ruinous vio- lence, suddenly to be acted upon them to their utter ruin, But also desire a declaration to your Honors, the sense of their pres- ent condition, and their compliance and ready obedience to the State of England, and to all the laws established in this Colony. We do therefore certify that they do and have behaved them- selves like honest men and legal subjects to the government they live under, having subscribed the Engagement, and performed all things, that is required of them in order to their obedience, from whereunto (in reason) they might expect protection. We are also of opinion, that unless they have an order now to secure them, not only they but the whole County (if not the whole Country) will be in danger of disturbance how sad consequences that may produce. We refer together with our opinions to your
judgment." Signed by Obedience Robins, Edw** Douglas,
Wm. Andrews, Thos. Johnson, J no. Stringer, Wm. Jones, and Wm. Whittingson 1652.
27th Feb., 1652, Long deposition about Capt. Edm'd Scar- borough's vessel the ** Hobby Horse" capturing Dutchmen or people they thought Dutch in the Potomac. Charles Scarburgh testifies that he asked Edm'd Scarburgh why he should threaten the Dutch Inhabitants in this County to plunder them, he an- swered he would maintain what he said & justify plundering them.
March, 165^, Dr. George Hack Practioner of Physic de- clared to be a German.
Oct. 27th, i6§s. John Wise is witness of a deed from Tepiti- ascon King of Great Nussawattocks to 1000 acres of land on Pun- go teague creek.
At a court held July, 16^3^ Gov' Bennett present, it was re- ported, that the people had been very mutinous and repugnant to the Government of the Commission, and all persons who
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signed' a writing, call'* a protest, should be held incapable of holding any office or public employment. Capt. Thos. Johnson was fined 500 lbs of Tobacco and others were fined 300 lbs & some bound to their good behaviour. It was ordered upon desire of the inhabitants that Court should be holden in three places successively, viz: ist at Cherriston Creek, the next at Hungars & the third at Occohannock, and so on alternately, and that these be the places for the choosing of Burgesses.
The Gov' and Council held a Court the 29th July, 1653, in Northampton, and sold a ship, a Dutch prize for 50,000 lbs Tobac. She was called the St. John of Amsterdam. They took another that was called the White of home (must be White Horse) July 5th, 1653. There is recorded a list of 116 persons who signed the engagement tendered to them March, 1651, to be true to the Commonwealth of England without King or House of Lords. There was an order from James City to arrest Ed- mund Scarborough who was complained of for having a quantity of arms and ammunition on board his ship, for trading with the Indians. He was suspected & accused of trading to the Indians, guns, powder and shot, contrary to the known laws of the county, and to the great end^ngerment of the peace thereof
May 29th, 16^4, A Committee of Magistrates report having searched the vessel, *' which Lieut. Col. Scarburgh came out of England in, and on board a sloop laden with goods coming on shore, also in his house, on the land to the uttermost of our power, & can find neither powder, shot nor guns, or any other arms or weapons: There was one chest of fowling pieces belong- ing to Mr. Bateman, which are to furnish the place, with a great cargo of goods convenient for this place, but neither powder nor shot to be had with them."
At a court held at Hungars July 8th, 16^4., Present Gov' Ben- nett, and his Secretary with Eight Justices. The Sheriff com- plains to the Court that "whereas there are divers orders, sequestrations, & executions, against the estate & person of Lieut. Col. Edmund Scarborough, yet the said Scarborough hath in great contempt, carried part of his estate so sequestered out of the county, and withall gone out of the colony and wholly neglected either to pay his debts, or answer the suits. There- fore the said sheriff, humbly prayeth, that he may be impowered
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NORTHAMPTON COUNTY RECORDS. 39
to attach the estate of the said Scarburgh any where remaining in the county of Accomacke : which the court condescends unto. ' *
Oct. , i6^j. Gov. Richard Bennett appointed John James sur- veyor for a survey of all the lands in the county to be recorded in a book, owing to ignorance of boundaries, contentions & etc. ** Cursed be the man that removeth the mark of his neighbor's land."
The great men of Onancock made complaint that Randall Revell, Hugh Yeo, and Jno. Jenkins, refused to give them satis- faction for their land on Pungoteke. The court ordered them to make payment, or appear at the next court to be held at Oc- cahannock. And Andyman & other Indians under his command, made complaint, that Thos. Teacle, Jenkins Price and Richard Hill have not made satisfaction for the land they bought of the Indians, which they are now seated on, they are ordered to make payment according to agreement, or appear at the next Court at Occahannock.
i6^4y April. The Kmg of Matomkin voluntarily deposited loo arms length of Roanoke in part payment, for the killing & steal- ing of hogs by his Indians & it was ordered that in twenty days said king should "pay 150 arm lengths of good and current Roanoke, and 60 sufficient Indian mats to be made ready in 3 months.'* The king of Matchapungo also fined.
Aug., 16^4. Complaint of Col. Scarburgh ags* Maj. Gen. Edward Gibbons of Boston in New England with whom he owned the Ship Artillery which said Gibbons had kept without making any returns. Gibbons' property in Northampton to be attached. Scarburgh also complains about goods stolen from his ship Ann Clear. This ship was to be loaded with tobacco in Occahannock. Capt. Francis Pott complained in court of people trading with his negros & it was ordered that they should not do it in future without his consent.
Record of a '* Grand Assembly held at James City March 26th, 1655" at which Edm'd Scarborough appeared on a warrant, & is acquitted from all charges & crimes made against him for mat- ter of trade & etc. , * ' and further reinvest him in such offices & employment as he before held in the Colony."
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At a court held at James City 9th June, 7^55, Edward Diggs Governor, A proclamation issued for all persons to forbear med- dling with the troubles in Maryland.
7(555, mention of 31 hds. of tobacco shipped to Amsterdam.
May 29th, 1656. The case of Thos. Teackle & Edm'd Scar- borough came up, in regard to the latter' s wife.
22nd April, 16^6. Court held at house of Mr. Grace Vaughan at Occohannock, & the will of Richard Vaughan proved. He freed his negroes at certain ages; some of them he taught to read & make their own clothes. He left them land. He also gave 1000 lbs Tobacco towards the building of a house for God's service. Will dated in 1645.
Inventory of the estate of Major Peter Walker, taken 4th Feb., 1655, mentions six Leather chairs, a coverlid of Tapestry and cambric sheets, i Broad cloth cloak lined with silver lace, i broad cloth cloak for a horseman, i old cloth suit of the same cloth, i broad cloth short coat lined with silver lace and doublet & hose of the same, i stuffed suit of clothes; in the Parlor chamber, a Bird cage and willow chairs & an East Indian Quilt. All the beds appear to have curtains & vallances. In the study a parcel of old books, Divinity & history. There were 3 Dutch chairs in the parlor — 15 Dishes of pewter weighing 60 lbs — i silver beer bowl — kitchen furniture equal to that of the present day. Of tools a cross cut saw. 4 white servants with certain times to serve and 3 negros. Stock, 36 Ewes & i Ram — only 3 horses — a four yr. old horse valued at 1500 lbs Tobacco. There were 7 draught oxen with their yokes & chains — i shallop — 2 ewe goats — hut one cart saddle & collar — no carts or carriages men- tioned— 14 cows.
14th Dec, 1656, Capt. Wm. Whittington issued warrant for Jury of Inquest over the body of Paul Rynners. Jury report: ' * Have viewed the body of Paul Rynnuse late of this county dec** & have caused Mr. Wm. Custis (the person questioned) to touch the face & stroke the body of the said Paul Rynure (which he very willingly did). But no sign did appear unto us of question in the law. ' '
May 7th, 1655 y publication was made of the act of assembly
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dated 20th March, 1655, requiring a place of marte. ** Where- upon after debate & consultation of the conveniency thereof, It was resolved by plurality of votes of the persons then present, That Occahannock Creek is the place made choice of according to instructions of the act of assembly, to build a church (meet- ing house) and public marte, keep the clerk's & sheriff's office and a house for a prison & other accommodations expressed in the act." Determined to buy land of Rich'* Kellam.
Mention of Scarburgh's skill in mathematics.
Will of Ann Littleton recorded Nov. , 1656, She had a great deal of wearing apparel & furniture — equal to the best in Eng- land.
29th Jan., 7^557. Henry Vaux up before court for entertaining Wm. Robinson, Quaker, at his house — Robinson to be sent across the Bay to the Governor in custody of the sheriff— Vaux refusing to submit also to be sent over.
Wm. Melling appointed general surveyor of high ways accord- ing to the laws of England. This the first order about roads.
28th Oct., 16^8, will of Capt. Francis Pott proven. The wit- nesses to the will in court say, that Capt Pott when he wrote the will, was going about business up to the house of Jno. Wise. At that time there was clamor about the Indians, and Capt. Pott said he did not know how God almighty might deal with him.
Wm. Whittington in his will dated March 4th, 16^^, "gave to the use of a free school, if it should go forward in Northampton 2000 lbs Tobacco."
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COLONIAL LETTERS, &c.
[LuDWELL Papers.]
Robert Carter to Philip Ludwell.
Rappa. July ye nth, 1705. Honered Sir:
Last Thursday as I remember, I acknowledged your receit of yours & y° upon your proposall appointed to meet you & ye rest of ye Gentlemen at Major Buruells on ye 20th w'ch suppose before now you have, for I have since heard it went to Carter's Creek by Mr. Berkeley's Overseer on Sunday last.
Two hours ago I received your's of Yesterday's date inviting me to a meeting on Tuesday next at Green Spring, for ye rea- sons you gave I would undergo ye tediousness of ye Jorney, but I have others so pressing (w'ch tis not proper here to give a detail of ) forces me to hurry this away to let you know, tis near an imposibility for me to comply with either time or place.
Captn Moore lay at my house last F*ryday night, he would indeed hear of no longer stay y" ye 20th yett am I well satisfied upon sev'll accotts if our Letters are ready by ye 25th we shall have time enough togett you on board him, he has promised me all ye security imaginable & I believe we may confide in him (as for Quarry he says shall not go in him). I am still strongly of ye opinion for a meeting if tis to be ye time & place I've be- fore sett Harrison cant come there, I shall be glad to see
you & not be I shall readily & give my name to
what you do, I have herein set my thoughts of ye points most necessary to be insisted on, if we must not meet together nor
write , let every one do his part single, tho know before
hand y* will be but a lame way. I remember out of ye Apoca- lyps we are told y* Beelzebub near ye end of his Reign will arm himself with double furies For ye destruction of his enemies, & just such I take ye violences of our Devils to be. For I' me now near as well satisfied (whatever they are) y* my Lord Ork- ney is Governor of Virginia as y* you are master of Green
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Spring, y* you may be so too, I herewith send you a copy of a written Letter of News bro't in by one Chartres a Scott who
arrived here ye day before yesterday, & left of Aprill,
he affirms he saw ye in print Navall officer & Collec- tor. I was not but had ye story from one I sent abo
the Originall Letter I had sent me a shoar & could have kept it,
but don't know how soon an Express maybe sent it,
The said Chartres further says he was Credibly informed that Commissary Blair was coming in ye men of Warr, so y* I think all ' concerned have reason to bear their present sufferings with patience. Seeing they are like to be but for a moment & lett ye
feinds grate their teeth if they will, be but like a dog in a
Chain. Notwithstanding all this I am mighty desirous of a
meeting to give ye finishing Stroke to . I have sent this
bearer on purpose to know your result courses accordingly
Methinks it well matter when you gott ye Gentlemen to- gether in our house to persuade you to spend a day extraordinary
a little further especially when we hand it in & our
troubles of this nature are near at an end. I wish you all the blessings of this life, & those of a more peaceful season, being really S'r,
Your most humble Servant,
Robert Carter.*
Stephen Fouace to Phil. Ludwell Jr. Hon'ble Sr:
I received some Days ago yours of the loth of Apl. last w'th the inclosed bill of John Hartwell of 320 lb. (accepted p. Messrs. Perry}, For w'ch I humbly thank you as also for all other kind Friendly Services. Cap^ Jones being upon the ye business of matrimony here and having Some hope of commanding a Ship to The East Indies, hath now no thoughts of going to Virg* to Settle nor to Stock his Plantation w'*" Negroes. This is a baulk and predjudice to me to have for his Sake Kept so Long
♦This letter is from Robt. Carter of "Corotoman," generally known as King Carter. It refers to disputes with Governor Nicholson, whose administration ended with the arrival of Governor Nott, Aug. 15, 1705.
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my things unsold. I beg of you S' to Sell as Soon as you can every thing that belongs to me. He hath written, he tells me, to Capt. Timson to take possession of his Plantation and the Cattle y* must be returned in kind. I humbly desire you there- fore to deliver y" to him and also to pay him w' tobacco I have upon the Plantation and so much more either in tobacco boughs or bills of Exchange for ye Land too. As the market goes, the tobacco I am to pay him is 8432 lb. I do not know whither it is usual to pay Such tob. w'th cask or without cask. As there is no mention of cask I must do w* is usual. When I have the return of the effects and negroes that have been all this while kept up for him, I will Satisfy him for ye ballance due to him and the price of the place mentioned in the acct I Send you hear in enclosed y^ you may demand of Chenmeson what he hath of it in his hands, though 1 am afraid sh'll do w'th as w'th other things.
I heartily condole the great loss of your Brother and Sister in law. I Pray God to comfort the sorrowfull widow and children as also their worthy Father, Brother and Sister and other friends and to give us all grace duly to mind the Shortness and uncer- tainty of our own lives. The change of ministers already made and the further change w'ch is feared will render your business more difficult. My Lord Sunderland was much depended upon but he is turned out and my Lord Dartmouth in his place. C. Bl. is gone with his Lady to the Bath. I waited upon him some days Before he went; He told me and I believe him, that he will do w* ever Lies in his power to F. The animosities Betwixt whigs & Tories are rais'd to a vast Degree and beyond all imag- ination, and of Such pernicious consequences that it is thought ye F'rench K. expecting great advantages from y" hath broken off ye negotiations of Peace w'ch is much wanted and desired every where. I Pray God Soon to bring it about by his gracious Almighty Providence. Tis thought twill be very hard to raise a fund for the next year's Campaign. I waited upon Collo. Lud- well about a week ago, he gave me your letter to me and shew'd me yours to him. I think you don't do well to Stir up in him the Longing he hath to return into Virg*. He is now tolerably well makes Shift to read with very magnifying Spectacles, he is often troubled w*^ his usual Distempers, he seldon Stirs abroad
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w'ch I tell him is very injurious to his health. Doct' Bell is now gone to Live at South Hampton. Madame Mathews to cure her distempers, ye gout and Stones, Lives altogether upon milk and bread. Mr. Lane being almost past all hope of recovery is gone to the Bath.
I present my humble to Mr. Blair and to both his & your own Ladies, and am w** much respect Sincerily and thankfulness Hon^'^ S' Your most humble Servant
Steph. Fouace.* The 8th Aug., 1710.
Nathaniel Blakiston to Philip Ludwell, Jr.
London, 28th May, 1709. Dear Sr:
I am to acknowledge ye favour of y'rs ye 10 of Jan'y. You will finde by mine ye 12 of Dec'r, and ye other ye 12 of March that I would by al means have you desist in your resolu- tions of trying your Fate concerning ye * of * * I have many prevaileing reasons why I think soe early an application to ye Great Ones may be attended with a traine of ill consequences, you not being here to judge by what reason ye Springs act, you must excuse me if I tell you ye ministry here under ye Rose have all of them whole troops of hungry dependants of theire own or theire Friends ready to fly at all game; and there is noe place soe inconsiderable that they will not presently swallow ye Hooke if there be never soe little baite upon it. I have advised both w*th Y Father and Mr. Perry who intirely concur that it is not practicable to get any Grant of this till ye Gentleman in poses- sion is disposed to come for England, or that he were guilty of some Misfeasance in his office.
You seem to lay some stress upon ye prevalency of ye Lords of Trade and that those Interests would be of great use. I doe not know any examples that they have ever cared to reccomend anything of this nature to ye Queen, but only what relates to ye
* Rev. Stephen Fouace, one of the first trustees of William & Mary College, and afterwards of Sutton, Middlesex, England.
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managem't of theire affaires, for they are wonderful subservient to ye ministry here, and think they doe very well if they can support theire own interests w'th asking any thing for others.
I can now with a great deal of satisfaction tell you that Coll. Hunter is returned out of France and is Exchanged and is a Freeman againe, and intends by ye first safe conveyance to steere his Course to his Goverm't. If we have peace as I think we cannot well faile of it, for ye Visible Hand of God has soe affec- ted that successfull Tyrant that his men will not fight, he had little mony and noe Bread and his Calamitys seeme to be very great.
Mr. P. and my selfe have both addressed Coll: Hunter, and we have several times mentioned your pretentions to him, and to doe him Right I affirme to you he readily imbarked in it upon my first proposall w'** all ye alacrity imaginable, and has assured me you can depend upon all ye good offices he is capable off, at present his sentiments is as he is a stranger to every Gentleman in Virginia he cannot say all he ought to doe in y' behalfe, and that when he is there his personall knowledge of you will give him a Handle to write every thing you wish in your favour. I proposed to Coll: Hunter that it would much facilitate y' designe if ye Gentleman in possession would be brought to Terms to make a resignation of it to you; he seemes to concur in it and will when he arrives write you, and if you judge it proper, he will move it to ye Gentleman.
I intirely agree w'th you that it is consonant with justice and Equity that ye person that manages that office should always be a resident upon ye place, and it is my sentiments that a Gentle- man that is a Native there and has a good stake in ye Hedge will be more diligent and just in ye execution of that office for many reasons. If ye Lords of Trade might be of use to you I have some interest w'th most of them, indeed if a person were recomended to ye Queen for that office and she sent to ye Lords of Trade to know ye Character of any person in America, then I am well assured I could be able to serve you & her, besides y' own merit would entitle you to ye justice of that Board.
The just and good Character my Lord Sunderland has from all unprejudiced persons put me upon telling Coll. Hunter who has a good interest in that noble Lord, that if he would mention
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you to him, and endeavor to get his Lordp' promises that he will use his endeavors to help of any Candidates and Elspouse y*" pretensions it might * * * till he came to Virginia, he has frequently promised to do it, when he has an opportunity * that Noble Lord. I did not offer this to Coll: Hunter till I had consulted both y*" Father and Mr. Perry who both judged it ad- visable. I have ye favour to say of you that you will never give y' selfe a moments trouble to make any speeches to me to em- bark e in y' interest for I am without Reserve,
Y' most Faith'' Serv't,
N. Blakiston.
Our hoped for peace seems now to be all vanished. I was glad it was in my power to serve Mr. Burwell in his promotion. I must own Coll: Hunter's Promises gratifyed me upon my first application in his behalf
To The Hon'*"' Coll. Phill Ludwell, Virginia. Answered May 28, 1709.
Deposition of Benjamin Harrison in Regard to Indian Affairs, 1707.
Benjamin Harrison, Esq., aged sixty-three years, or there- abouts, being sworn, saith :
That to the best of his remembrance in the year one thou- sand six hundred and sixty three in the month of September, the Waynoak Indians sent in to the Governor and informed him that their king was killed by the Pohick Indians, whereupon a party of men were imediately sent out, who brought in the Queen and severall other Waynoak Indians; and in a few days after, another party of men were sent out of which this deponent was one, the Queen and her Indians went back with them, and they found the rest of the Waynoak Indians by the side of a great Swamp to the Westward of Nottoway River sheltered with a peace of a puncheon fort; about five or six miles from their Town; which was then called Wariecoke, standing near the banke along the South side of Nottoway River, to which place
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the English and some Indians went to gather corne for theire Journey in, and then they went back to the beforementioned swamp, and brought all the Waynoak Indians (they could find) in amongst the English ; where to the best of this deponents re- membrance they stayed about two yeares; and then, the English bemg uneasy at the Indians hunting upon their lands, the In- dians went out again, as this Deponent was informed (and verily believes) to the Southward of Meheren River but to what par- ticular place he does not know, they continued out (as well as this Deponent remembers) about two yeares; and then the Tus- carora Indians and they having some difference, the Waynoaks came in to Meheren River where (as they said) the Tuscarora' fell upon them ; and then they sent again to the Governor, who sent another party of men out to them, of which this Deponent was one; they found the Indians in an old field called Unotee very near the banke of Mehern River on the North side of it, sheltered with an half moon made with puncheons, and they brought them in a second time amongst the English. In these Expeditions the Deponent Crossed Nottoway River four times, one night they Quartered very near it; and in all the Discourse that this Deponent had or heard about it, it was always called Nottoway River (and by no other name) both by the English and Indians, and whilst the Indians stayed amongst the English they had some Cabbins in the Deponents orchard, where he had severall Discourses with them, and he does verily believe that if ever Nottoway River had been called by any other name he should have heard something of it from them, but he never did. The second time the Waynoak Indians came in they stayed amongst the English about a yeare or more and then they set- tled upon the South side of the Black Water Swamp, at a place now called the old town, where they stayed about seven or eight years, and then they removed about four miles down the Swamp on the same side, which was their last Settlement, very near the place where this Deponent now hath a Plantation; upon which Charles Merrit was overseer, who went thither about the year 169 1 or 1692, and continued there about five years and then he removed to some land belonging to the Colledge, where as this Deponent was informed, he stole severall of his hoggs, and upon
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this being known, the sense of his guilt (as the Deponent verily believes) made the said Charles Merrit runaway into North Carolina, and since that time this Deponent hath been severall times told by the Nottaway and Meheren Indians that the said Merrit has desired them to speake to him (this Deponent) that he may have leave to come back again into Virginia, which he was desirous to do if he might be out of fear of being prosecuted for the said hoggstealing. This Deponent further saith that he hath been concerned in the Indian trade both with the English and Indians for about five and thirty years passt or more; and hath many times had Discourse about Meherrin River, Nottoway River, and Blackwater, and he never heard them called by any other name than what they go by at this day. He believes he may have severall times have heard the name Waynoak River or Creek but never knew where it was, till of late the Inhabitants of North Carolina making encroachments upon the Queens land (as this Deponent apprehended). He made inquiry about it of the Nottaway, Meheren, and Nansemond (or Pochiack) Indians and they all said that after they left Mapacre they Waynoaks went to the Southward of Meheren River and setled in a fork between the two great swamps which are the head Branches of a small River that empties itself into Chowan, and that (they say) is Waynoak River, and that they neither knew or ever heard of any other Waynoak River but that.
And this Deponent further saith, that about five and twenty years ago, the Tuscaroro Indians fell upon the Waynoaks, at their last settlement upon Blackwater Swamp; and the Nottoway Indians were said to join with the Tuscaroras: Whereupon the Queen of the Waynoaks complained to the Deponent of the wrong the Nottoways did them, for that the Waynoaks had paid them a yearly acknowledgement for their liberty of living at Warueake (upon Nottoway River) as long as they lived there, and afterwards they paid them for the liberty of living upon the Blackwater, and of late, this Deponent enquiring (about it) of the Nottoways, they confirmed the truth of the Waynoaks hav- ing paid them an acknowledgement, till the Articles of Peace were made with the English; and then they looked upon them- selves to have no further right to any land than those articles do
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give them, so they did not receive the Acknowledgement any- longer. And further this Deponent saith not.
Benja: Harrison. Novem** 15, 1707. Sworn to before us,
N. Harrison, Jun', Ffran: Mallory.
Probably from Governor Jeffreys to Sir Joseph Wil- liamson, Secretary of State.
ViRG", June 8th, 1678. R^ Hona"'".
I have Presented noe opportunity to Express my most hum- ble Respects to your Hono': noe to thank you for y' favourable letter greted wherein both y' justice to all alsoe care of his Ma''*"* service doth sufficiendy appear, and I find myself soe much con- cerned as that without ingratitude I cannot omitt to render your Hono' my most humble thanks for yo' flfavo' the continuation whereof I doe most humbly begg till I shall be convinced of a fault that may justly forfeit it which shall ever be if all my en- deavo' with the best of my judgm^ can keep me in the R' way.
We have been lately in some apprehension of a mutiny amongst some of the Souldiers and that they intended to seize ye Magazeenes and to joyne with ye old party to disturb our Peace, ye Lieut: Governor being at that time ill and ye Court sitting, he imployed some of his officers to Examine the matter, but it seems they could not find any clear evidence of the Plott, soe it rest. Their want of pay doth discontent them, having had none since the first of May last, near a Twelve month and ye provisions being all spent &. gone & it seems noe money left to buy more, they must either have starved or taken victuals where it was to be had, which the Inhabitants would not have suffered without mischief, and ye necessity was soe pressing that there was noe time to call an Assembly, or if there had. Could it have been done at a verry great charge and therefore to Prevent that Eminent danger, 8. of ye council which all that were
Present were forced to make an order for Quartering them on
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the Inhabitants at s. 8 ^ week a man, which charge, which if it be not allowed by the King nor the next Assembly Wee must pay it ourselves, that necessity had not fallen so soon upon us if great Quantities of Cheese and Brandy had not been sould to the Planters w**** thought it possible they who sould it had a R* to it. Yett in such a Country as this it ought to have been kept for his Ma'**'* service and that Acco* charged with it, or a deduc- tion to have been made out of the Souldiers pay. but I hope my Lord Culpeper will shortly arrive with such rules as may be for our future Quiet or I am afraid wee shall not long continue see. Wee had at ye last Court a great contest between the Queen of Pamunkey and a nation which lives neer her whom she takes amongst others to be subjected to her by the last arti- cles of Peace, and upon whom she had imposed a great tax to be paid every Spring and Fall besides great servility in hunting & weeding of Corn which they refuse to perform and made it out that they had never paid it since the death of Appecancano, which is about 33 years since, and that they intended no such subjection by those articles. There are several other towns upon the same terms with her and there being likewise another article which directs them to dispute all their differences before the Gover*^ and not amongst themselves, they accordingly Expect a Discision of this Difference from us and soe they will all others, which will forever keep our Peace in hazard of being broken, for in this case if we had given judgment in favour of the Queen those Indians she charged would certainly have run to arms and Joyned w*** those who expect only ye Issue of this Dispute, if we had given Judgement against her she would have looked on it as a breach of the Articles and our danger would have been as great that way, not that we can feare theire strength, but in the present condition of the country, such a war would certainly hazard a new Rebellion, to avoyd ye charge of it, we used our best endeavors to bring them to a temper, but it is in their nature not to rececd from their demands, and that made our paines in- effectual, for all wee could bring them to say that they would lay aside their pretensions till ye next Assembly which gaines soe much time, & if then it must come to a breach, they can better provide for it than the Council alone. I could heartily wish those two Articles concerning that subjection & ye making us
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judges of their differences, had been left out, for I never thought it the interest of this Colony to hinder them from cutting each others throats soe we had no hand in it & its plain that upon the conquest of Appechancheno and the setting all the nations tribu- tary to that house at Liberty, they have weakened themselves more by their Intestine Broyls than ever we could doe by all the Warrs wee have had with them.
May it please y^ Hono' I understand from my friends, that my enemies are at work again, and that they charge me w"^ 5 arti- cles of all which I am innocent.
I have sent what I can say for myself to Coll. Morr>'son being unwilling to trouble y' Hono" w'*" them, <& he hath promised me that if any such thing appears in publique to give in my Answer. S^ I doe protest before God, I know noe fault I have willingly Comitted. I know I am guilty of many weaknesses, but that injustice or mercy will never be layd to my charge, since they will appear such I cannott helpe, but it will never appeare I vol- untarily oppressed any man or did injustice, and soe long I humbly hope I shall remain in the Kings favo and shall not want yo^ protection for whom I will always pray as becomes,
Right Hono"* yo' Hono" most humble
To S"" Joseph Williamson.
and faithful servt:
London, Jan. 6, iji-
Dear Brother:
A few days ago I received yours of Oct. 30, with the en- closed mem'. It consists so much of Generalls without any particular Instances that I fear little use can be made of it. We wished out of that and other late advices from Virginia to draw an abstract of his late conduct which will at least serve to dis- credit a report which is industriously spread abroad that he has by his late mild and good temper and conduct made all people easy. I hope by this time you have received what was sent by Mr. Wallace. Since that there is little new only that it is in every body' mouth that the Government of Virg* was to be given to my Lord Orkney. My Lord has been entertained with renewed promises, but the thing is not yet declared. Some say
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the delay has been occasioned by some * * * in parliament relating to Scotland about the succession which are not yet quite over, but are like to end in an offer of an Union to that King- dom, others think they are willing to have Gov. Nicholson* answer to all the papers and affidavits which were sent him from home via. N. York about the beginning of July. It would be of great use if we could certainly learn that they are come to his hand, and that he shifts or delays the answer. As for my own opinion if I were to venture a wager it should be if my Lord Orkney will be declared Governor so soon as that * * * business is over in parliament: and there is not the least proba- bility * * * that will go well over in less than a month. If my Lord * ^jc * official it by himself being a Lt. Generall in the army * * * very necessary man there. There have been many who have put in to be Lt. Governour under him. It is most likely that Major Nott, deputy Governour of Berwick who married Blackstons sister will be the man. And if he is, I hope we shall be very happy, for he has as good a character in all respects as we can wish. It is most likely that the Vir- . ginia fleet will sail late as not designing back till next spring. For further particulars I will referr you to Mr. Jacquilin by whom this comes. My service to my sister and blessing to the girls. I hear yo' father has bought for you the plantation from Mr. Collier. You have a good bargain of it, of which I wish you joy. * * * hopes of my Lord Orkney should fail you will do well to purssist the advice sent by Mr. Wallace which was to send home as many affidavits concerning the maladministrations as you can, tho I hope the business will be done without them. My wife and all friends here are well except Mr. Nathaniel Bur- well who was taken last Monday night with a great cold. This is what offers at present from
Sir Y' Most affectionate Brother & humble servant
James Blair.
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A Description of the Government of Virginia.
[Winder Papers, Va. State Library.]
Right Honourable,
Being in obedience to your Lordships Comands to give you a description of the Ciovern'"* of this place & humbly supposing- your Lordship expects a relacon of ye p' sent & not a full dis- course of ye whole Govern"* from ye first planting of this Col- ony, which would be very hard to doe by reason of ye negligence of former times in transmitting anything of that nature to their successo^ I have thought necessary for ye better performance of your Honou'* Comands & complyance with that truth on which my following discourse must be grounded to give your Lordship a short character of the Cjoverno"^ of this Colony be- fore I enter up. ye description of his Government. I know it to be superfluous to say anything of his person, greate partes, or qualitie because your Lord** knows & can better judge of thern then myself, I shall therefore w'** your Lordships favor only speake of him as Govern*"" of Virginia, & very hartely beg his pardon for ye Injury I doe his reputation, merritts, whilest my inabillity to pr'sent them in their full Lustre may encline those who know neither him nor mee to beleeve their defects to be really in them- selves, & not in him who reports them & under the securitie of this apology to your Lordship & him I shall bee bound to say that he is a person pious <& exemplarily sober in his conversation prudent & just in Peace, dilligent & valliant in Warr. I shall strengthen three assertions only with three argu""'* & for the first shall only say that mine owne long experience, <& ye suflfrages of the whole country can sufficiently prove ye excellency of his con- versation, nor doe I think there can be a more convincing evi- dence of his prudence and justice then that in six years after he was forced to resigne this country to the Gennerall unhappy fate of our Nation (a time when ye enemies of his Loyalty & Virtue would have loaden him with reproaches especially had they had justice on their side) there was not one man that either pub- liquely or privately charged him with Injustice, or any other fault comitted in eight years Govern"*' <S: for his dilligence and
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DESCRIPTION OF GOVERNMENT OF VIRGINIA. 55
Vallour ye frequent 8c greate hazards he exposed his person to in ye conquest of Opechankenough, & all his Indians (whereby hee first secured this Country from those feares that had pos- sessed them from their first seating & rendered the Indians soe subjected to this Govern*"^) that I may confidently afiirm ye like conquest hath been made by noe other English Govern*"* in ye West Indies, would have proclaimed his Military Virtues <& have given him a very great reputation for that service had it not hap*- ned in an unfortunate time when the whole English nation was involved in a Civill Warr, and consequently had all their Reflec- tions diverted from what he did here to what most, & more nearly concerned them there, and now my most honored Lord, haveing given you this short character of our Governo"^ I shall proceed to as short a description of his Government (which I so terme because hee is the sole author of the most substantian' parts of it, either for Lawes or other inferior Institutions) which as subordinate to that of England is divided into Ecclesiasticall, Civill, & Millitary. for ye Ecclesiasticall parte of it (being yett unfitt for a Bishop to reside here, by reason of the fewness of our members & other Inconveniencies) we are subjected to the Sea of London, & have noe superior clergy amongst, But when it pleaseth God to send us any Ministers some Parish or other p'sents them, & the Govern**' Inducts them. But will this pious a well as prudent care that none be admitted to the exercise of their functions who are not in Ord" and very Orthodox in their profession, of which excellent sorte of men wee have at p'sent very few amongst us, 8c I could hartely wish that my Lord of London, and other greate Clergymen would take us a little more into their care, for our better supply, since ye utmost of our en- couragem" will invite none to us, though wee have very few Par- ishes give less than one hundred pounds p. annum and many give more, which is levied by ye respective Vestries, out of which they yearly choose Church Wardens as in England, and now my most Honored Lord haveing said this much of our Church Govern"^ I beseech you give me lease to p'sent you with as tame a narrative of ye civill parte of this Govern"* with- out any animadversions upon it, which to doe in the better order I muste inform your hono^ that this Colony is divided at p'sent into nineteen counties, & those subdivided into Parishes only &
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not into hundreds, or tythings which is only necessary in more populous countrys, every of which counties is left to the care & charge of eight, or Tenn Justices of the Peace, whereof three or foure are of ye Quorum out of which number of Justices there is yearely chosen a sheriff who is confirmed by ye Govern" & upon sufficient security given to ye reste of ye said Justices, is en- trusted with ye collection <& payment of all Publiqu* Leavies, Quit rents, secretary* & clerks fees, & hath Tenn p cent allowed him for Sallary, for ye rest of his authority it is as it is in En- gland only he keeps noe Court, and ye severall parishes of each County are armed with the authoritie of a constable chosen from amongst ye honestest householders & the said whole number of Justices, or any foure of them, whereof one to bee of the Quo- rum, are by commission from ye Governor made and constituted a court of Judicature for the tryall of all causes within their re- spective counties, except such as question Life, or member, & every particular Justice hath power to try and determine any cause to the vallue of twenty Shillings, or two hundred pounds of Tobacco which Power was soe granted to prevent frivolus and unnecessary suites in ye County Courts which are held every second month, & once at least in every yeare there is a Court of Enquiry w*"* wee call an Orphans Court, held before ye said Jus- tices of the respective countys where all Guardians are required to appeare, & bring their Orphans to bee examined wether they are well used and to give an account to the said Justices, of ye well or 111 management of such Orphan' estates as are commited to their trust, & these severall Courts are so appoynted in the respective countys as any person who may have business in many of them, may easily attend ye same because they are held neither on ye same day, nor in ye same month at severall places from ye Judgm" of w*** courts ye parties aggreaved may appeale to the Generall Court held at James Citty on September, November, and March every yeare before ye Gov' and Councill, which Court is of a mixed Constitution for all causes of what nature or vallue soever they bee above Tenn Pounds Sterling or fifteen hundred pounds of Tobacco are tryed there either in Common Law, Chancery or Criminall, as Treasons, Murthers, Felonyes, &c. if any Quakers or other sectary es, or nonconformists act any thing in poynt of Religion contrary to the Statutes of England, or the
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DESCRIPTION OF GOVERNMENT OF VIRGINIA. 57
Lawes of this Country, they are tryed in that Court, ye Power of Peace & Warr is seated in the same. The Governor & any three of the sixteen Councello" now residing here make a Court wherein as greate care is taken to make the Lawes and pleadings upon them easy & obvious to any mans und'standing as in other parts they doe to keep them a mystery to the people for noe ad- vantage is allowed to either party from little errors in Declara- tions or Pleas &c., but both are kept within the first Limmittsof ye merritts of their cause and judgm'" pas secundum alegata et probata & References are rarely obteyned but upon very just grounds, as either sickness of the party desiring it, or of ye wit- nesses, or papers in England &c., from which we draw these two greate advantages, ye avoiding trouble to ye Court, & ye speedy dispensation of Justice to those who seeke from ye Judg""' of which Court any person (upon securitie given to prosecute it) may appeale to the Assembly, which consists of the Govern°^ councill & two Burgesses chosen upon (ye Govern" Writt) by ye freeholders of every county, and one for James Citty, which As- sembly is convened once in every year (and upon emergent oc- cassions oftener) a matter (though chargeable) yett most neces- sary for the speedier prevention of such Inconveniences, or confirmation of such good Institutions as may be most Likely to obstruct, or advance ye prosperity of New settled Govern"" there, our Lawes are enacted (all or most of which I hope your Lordship hath seen) there are Leavies laid upon the People and proportioned to the Publique necessity, and since all fines im- posed upon offenders are here (if not upon submission released) Leavied to the use of the Publique (though to the use of the respective Govern"" till S' Wm. Berkeleys time, who first re- leased them, that he might keep his Reputation clearer from all hazards of Calumny). It is by ye Assembly ordered what they shall bee employed on, in fine, it is by this excellent temper that a Right understanding is kept between Govern" & People, and that ye strings of Govern"" are always kept in tune, and now my ever honored Lord, haveing said this much of ye two first partes of this Government, I shall proceed to the last, which is ye Mil- litary parte of it, and inform your Lordship that as ye country is divided into nineteene counties; soe it is into foure Provinces; The first whereof which contains ye next adjacent counties to ye
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Gov"^ is under his owne immediate conduct, ye other three being more remote, are committed to ye care of three Major Generalls (one of whom, Major Generall Richard Bennett, I believe to be of your Lordships family, both by his name & Armes) every Major Generall hath two Adjutants, and every County within ye said Provinces, hath a Regiment of ffoot under ye command of a CoUonell (who for ye most parte is one of ye Councill) & other inferior officers & many of them a troop of Horse under ye Co- mand of a Captaine & other inferiour officers, which horse when drawne together, have an officer appoynted over them. Besides there is a captaine of ye fort by Comission from ye King, and a Captaine of ye Guard by Commission from ye Governor as all ye other officers are, as from their Generall ye Millitia of ye Country being thus disposed of, greate care is taken that ye respective officers doe traine them, and see their armes well fixed, and truly my Lord, I beleeve all to bee in soe good ord"" as an Enemy would gain httle advantage by attempting anything upon them, & having now done w*** ye last parte of this Govern"^ I shall beg your Lordships patience whilst I write a word or two of ye Ar- ticles between us and the Indians, who now hold noe land but what we grant them, and if they committ any offence against an Englishman, or he against them, It is tryable in our courts, or before some of our Majistrates, but for any difference amongst themselves, it is still left to the Discision of their own Customs, I shall conclude with a list of the Principall officers of State in this Government, w"" are the Governor of whose Revenue (being one thousand pounds p. annum) I shall with your Lordships pardon, say, that though in the infancy of this Colony, it might justly bee thought enough, yett now it is not only less than any other Governor in the West Indies received, but it is too little for ye necessary supporte of that State ye Governor of this, his Ma'*" Antientest Colony must keep, nor could our (K)vemor Comport with yc grandierr of his authority, nor comply w"* his greate expenses in setting up Manufactures, and other excellent designes for the good and Example of this Country, did not his necessities make him admirably Industrious on his farme for ye Improvement of his Revenue, which unavoidably averts much of that care hee otherwise would wholly employ for ye Publiq* util- lity of this Colony.
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The next officers are ye Councill Treasu', Secretary, Capt. of ye ffort, Auditor Gen" and Surveyor General!, before ye first of ye two Last all ye Collectors of ye two Shillings p. hogshead of Tobacco, all Sherriffs, or other receivers of Publique Leavies appeare at James Citty twice in every year, and perfect their accounts with him, & take out their discharge from him as out of the Exchequer in England, and before ye Surveyor Generall once a yeare appeare all the Inferiour Surveyors (who are com- missioned by him) with a booke of all ye survey es of Land by them made to bee examined wether they have done right between ye King, & his subjects of this colony who by an antient Indul- gence of ye Crowne have a Right to fifty acres of Land for every p*son they transport into this Countrv w"" transportacon being proved in any Court of Record ye Clerk gives ye p'ty claiming a Certificate up. w"** ye Surveyor measures him ye Land, and gives him a survey und' his hand which with ye Certificate being entred in ye Secretarys office a patent issues out for ye same signed by ye Gov' & sealed w'** ye scale of ye Colony, The Land to be held of ye King in common soccage at ye yearly rent of one shilling for every fifty acres, & to be seated in three years after ye date of ye patent, or ye Land to be Lost. My most Hono'* Lord I have now noe more to say but to beseech your Hon"' that if you shall judge mee to have said too much to consider that the Nature of the subject would have admitted much more, & if your Lordship shall blame mee for being too short that you may forgive me too, since I am afraid your other greater Employm** will not permitt you to perouse what I have already said, & shall therefore add noe more but my Peticon for your Lordships pardon for my imperfections, and may God for- ever bless you with all the blessings of Heaven, and Earth, & bless mee also w"* a continuacon of your favors upon My most honoured Lord your Lordships most humble and ffaithftil serv'
Virg' 17th 1666. [Signed] Tho. Ludwell.
[Indorsed.]
Virginia 17th Sept. 66, Mr. Ludwell, Secr^ gives a large yet Modest Character of the Governor & Govern- ment.
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Historical Memoranda Relating to the House of Burgesses, 1685-91.
(From Ludwell Papers, Virginia Historical Society.)
[The faded and mutilated condition of this paper prevents a complete copy from being made. — Ed.]
Oct. I, 1685, 1st Jas. 2d L^ How** Gov', the stile is K. of Eng**, Scot!**, Irel"* and Virginia, and this is the first time Virg'ia is added, agreeable to the motto of the Seal, en dat Virginia guar- tarn, and since the Union it is alt. to Qiiintnm, /. ^., G. Britan, France, Irel** & Virg'a, 4 Kingdoms.
Since the prorogation the speaker (Kendel) dyed — the Gov'' sent for ye house, and tells y° y' he finds their Speaker absent & desires to know w^ was become of him. They answer since their meet'g they were unhappy in the death of their Speaker; y° the Gov' Com'*' them to elect another, w''*' they did (Allen) & presented him. The speech is a gentle rebuke for their obsti- nacy last time. To regulate the militia that they may be obed' — the care of Tob** — to make the 3d duty higher it being found wee loose duty & charges them w'" being the authors of the great charge of last Assembly & its being ineflfectual.
Articles ag* Col. F^irz. y* he cheated ye County of * * * of tob", besides his wages w"" they say he forfeited by being un- duly elected. * * * several proposals for regulat'g militia fines and pay. The Burgesses deny the King's power of re- renew' g a law repeal' d tho' he destroyed the repeal' g law & desire the Gov' to declare. The Burgesses desire to know w' bills were rej. w''" amend" * * the Council alone or w*" the Gov', to w*"** they were ans** y' it is only the Council; y* the Gov. is a separate body soe to Conform to the parliament of Engl**, y* w" an answere is sent to a message sign'd by their Clerk, it is from the Council, it being derogatory to the Gov'* Station to answer such himself, soe the Council doe it by * * * * In this sess'n is a message from the Gov' with the King's rule of govern 'g by Instructions, our power of mak'g lawes being only of Grace. The old controversy ab't the seal renew' d & insist' d
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on by the Gov^ The proposals of the Council for regulat*g the militia refused, & Burgesses say it is in the Gov" power with't law, w*** ye Council deny. Claims <& levies * * The King's letter rec'd * * * fhe last session * * ordered to be recorded * * both houses. Nov. 15, Dissolved.
Ap*l 19, 1688, 4th J. 2d.
Is. Allerton of Councell [added to] A. Allen, Speaker, Clerk H. B's app'd by Advice & Approval of Councell.
The house desire Council to administer the oaths w'ch the Gov*r would have avoided agreeable to the King's dispensing declaration, Apl. 4, 1687.
An alteration in ye Clerk's oath by the Gov' disliked, & soe restored to ye old form near [?] they agree the Gov' have the power to ap* the Clerk from ye King.
A fast for ye great mortality (the first time the Winter distem- per was soe very fatal w"" [?] the people dyed, 1688 as in a plague bleeding the remedy, L"* Howard had 80 ounces taken from him, Vid. R. Lee's letter) it lasted 2 Winters.
They refuse assistance to N. York because they are too re- mote, moreover they are poor & because H« * * ig ab' their trade with ye Indians profitable to N. Y. only.
Revisal insisted on.
The house address the Gov' to order ye Sect'y not to take any unlawful fee as he had done for patents.
The house address the Gov' to order the Atto. Gen' to prose- cute W. F., not order on Spotswood's Case * * * any ad- dress but by their own power w*'*' note. Address comply 'd with.
The dispute ab* the King's power of repeal' g one law & re- new'g another is renewed. Justifyed by the Gov'r & his power by his Comiss" to erect Courts with advice of C[ouncil ?] & set fees & soe Justifyes the Secretary. A book of surveys ad'd in ye office to be kept. Law for ports * * * * & practis in Maryl** all the trade bro't to particular places.
A great Complaint ag't Coll. Custis for * * doings. May 1688, tak'g unlawfull fees and * * * those grievances.
The Gov'r addressed to remedy it & not suffer great persons to oppress.
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The Council take offence at ye manner of the Burgess* apply* g- to y" join in an addres & refuse to join.
May 9. The Gov'r gives a soft answer to the address ag't Custis & promises to reprove him. They offer to prove the Charge ag't Custis w'n the Gov'r will require it.
A long remonstrance May 10, from the B's to C[ouncil] to Join in an address of Grievances y* the repeal'g & renew'g of laws by proclamation y* of fees, & ye applicat'n of fines and forfeit- ures.
The Council desire to see ye Grievances first made out & y* promise a favourable answer.
May II, 1 688: A long address to the Gov'r ag't prohibiting bulk Tob'o.
The Burgesses purpose a conference when they will shew the Country's grievances, Tho contrary to right they * * * *
May 12. The Council by a long representation by a messen- ger, refuse all the petitions of Grievances & rather attribute it to the petulent tempers y'n facts [?] refuse a conference as unneces- sary & Excessive w"'out and * * * to the country, con- sider'g the temper of y' house, its * * * *
The same day the Gov'r sent for the House up <^ in a short speech very justly repremanded them, and concluded y' since they had refused to * * * w' they * * * and the King Comis'n, he would be so much the Country's friend to put an end to the expence & so dissolv'd them.
This was the last Assembly L** Howard's for the Revolution being at hand, he went to England in time, got his Comiss'n from K. W. & Q. M. & sent Gov' Nicholson as Lt. Gov', who began an Assembly the 17 of April, 1691, & took the title of Right Honorable.
Apl. 17, 1691, F. Nicholson, Lt. Gov'r, Styled Right Hon- orable, published L^ Howard's Com'n from K. W. & Q. M. & his as Lt. Gov'r before Co[uncil] or B[urgesses] in Genl. Court. The Lt. Gov'rs Com'n * * * an order from ye King to * * * the Instruct' ns. Pet. Beverley ap'd elk. by ye Gov'r. Tho. Millner chosen speaker. The house Elect Beverley Clk, but ye Gov'r insisted on his ap^ment. Allen refuses ye oaths. In this Journal is the Case of Capt. Jno. Jenings, former Com- odore,^fter admiral who came on shoar with his boats crewe [?]
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armed, took a man of the Country from the * * * while his Cause was trying beat him, & the sheriff carr' d him on board & put him in Irons & kept him prisoner tho he was demand' d by the Gov'r, upon w*ch the Gov'r, Coun'l & Burgesses address the King — a sum of money is ord'd to prosecute it, but it had no effect. Christopher Thornton [?] was the man abus [?]. The Court was a C * * * Court of Lower Norfolk Jenings ex- cused him*f in Engrd, pretend'd he did not know it was a Court for the justices appeared with pipes in their mouths. The last house of Burgesses had sent Col. Ludwell to complain ag*t Ld. How'd, and * * * they thank him & give him 250^. The Coun'l refuse to allow y' resolve as to Col. Ludwell, unless the H. B. will pay all the charge of Mess'rs &c., w'ch they sent down & say L[udwel]l was employ' d with't their Consent & they have not * * * his expenses. An address ab't N[or- thern] N[eck] Grant. They gave Lt. Gov'r 300^^, to Jef'ry Jeffreys * * * ag't to prose' t Ad's ag't Jenings & N. N. 200I. * * * to Mr. Blair to Sollicit the College Charter.
Address the King to let Lt. Gov'r receive 300I. being con- trary to Instruct' ns as the Gov'r sayd.
Assembly prorog'd to ist Apl.
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Persons who Suffered by Bacon's Rebellion. The Commissioners' Report.
[Winder Papers, Virginia State Library.]
A List of the names of those worthy persons, whose services and sufferings by the late Rebell Nathaniel Bacon, Junior, & his party, have been Reported to us most signal and Eminent, dur- ing the late unhappy troubles in Virginia, And Particularly of such, whose approved Loyaltie, constancy and courage hath rendered them most deserving of his Majestie\s Royall Remark as followeth :
(That is to say)
The Right Hon**'* Sir Wm. Berkeley, his Majesty's then Gov- enour of Virginia, who suffered very much by the Rebell Bacon and his complices, being both persecuted in his person and Plun- dered and dispoyled in his Estate.
How hee was reimbursed or repaired, wee can not certainly give an account, But must humbly refer to an Article of Enquiry and (in part) to the personal grievances herew*** p'sented.
Sir Henry Chichely, Barbarously Imprisoned and treated by Bacon and his party for many months together, and much dam- nified in his Estate. This worthy Person was employed by the Governour on the Indian Expedicon to disarm and subject them; But being upon the very point of Execucon, was on a suddaine, countermarched by the Governour, and noe effectual care therein taken: In which service had he proceeded, hee had (in all likely hood) ended the warr as soon as began.
Wee humbly present his services and sufferings to his Majes- tic's Royall consideration.
Col. Nathaniel Bacon, the elder, the first that was plundered by his unnatural kinsman, Nathaniel Bacon, the Rebell, to the value of at least looo;^ sterling as wee have heard. A most steadfast, Loyall subject to his Majestic, maugre all the malice & severe treatment of the Rebells. Hee is said to have been a person soe desirous and Industrious to divert the evil conse-
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quences of his Rebell kinsman's proceedings, that at the begin- ning hee freely proposed and promised to invest him in a con- siderable part of his Estate in present, and to leave him the Remainder in Reversion after his and his wife's death, offering him other advantages upon condicion hee would lay downe his Armes, and become a good subject to his Majestic, that that col- ony might not be disturbed or destroyed, nor his owne ffamily stained with soe foule a Blott.
Col. Philip LudwelK one that was constantly in the Governor's service, and was not onely plundered in his owne Personall Es- tate, but also of the Estate of an Orphan's comitted to his trust, for the loss whereof hee seems more concerned than for his owne.
Col. Augustine Warner, Speaker of the House of Burgesses, in the late assembly, and now sworne one of his Majestie's Coun- cill of Virginia. An honest, worthy Person and most Loyall sufferer by the late Rebells; who was plundered as much as any, and yet speakes as litde of his losses, tho' they were very g^eate.
Mr. Thomas Ludwell, Secretary of Virginia, whose stock was utterly ruined and taken away by the late Rebell, tho' at the same time hee was acting here in England (as the Country's agent) at his owne charge, he never haveing six pence allowed him for it by the country, that ever wee (upon our enquiry) could hear of.
Col. Daniel Parkes, then also in England, and one of the Treasurers for the country's money, who was plundered (accord- ing to the computation wee have had made to us) of at least 1500' sterl.
Col. William Cole, a very honest gentleman, and one of the Councill who was all along constant to the Governor and with him in all his troubles.
Col. Jos. Bridger, a very Resolute Gentleman who (though forced to fly in the heat of the Warr from his owne countrie) yet on his Returne was very Active and Instrumental in reducing to their obedience the South parte of James River, and in his Absence'was (as wee have heard) Plundered of his Cattle &c to a good value.
Col. Nicholas Spencer an honest, active worthy Gentleman who did the country very good service against the Rebells in
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that ill effected parte of the Country where hee Resided, and, as wee have been credibly informed by his Correspondents here is much impaired in his Estate by the late Rebells.
Mr. Ralph Wormeley a truly honest, Loyall Gentleman and one of the Councill who by his Constant adherence to the Gov- ernour, was (as wee have heard) much worsted, and Ruined in his Estate by the late Troubles in Virginia.
Col. Christopher Wormeley, a person very Loyall who ac- cording to a particular account given in the last Assembly, lost 500;^ Sterl. by the Rebellion.
Capt. Walter Whitaker a considerable sufferer and very Loyall Gentleman who (with the two worthy persons aforenamed) was Imprisoned after Bacons death.
Major Richard Lee, a Loyall, discreet Person, worthy of the place to which he was lately advanced, of being one of his Maj- esties Councill of Virginia, and as to his losses wee are credibly informed they were very greate, and that hee was Imprisoned by Bacon above Seaven weckes together, at least loo miles from his owne home, whereby hee received great Prejudice in his health by hard usage, and very greatly in his whole Estate by his absence.
Col. Thomas Ballard, Lt-Col. Edward Hill, Both which (as wee have heard) lost considerable by the Rebell party.
The first of whom, both took and gave Bacon's unlawfull oath.
And the latter (Edward Hill) always adhered to Sir Wm. Berkeley, though in some things too much, as may appear in the case of Grendon & others.
Major Robert Beverley, clerk of the Assembly, a person very active and serviceable in surprizing and beating up of Quarters and small Guards about the country, and as himself saves, and wee have noe reason to believe the onely person that got by the unhappy Troubles, in Plundering (without distinction of honest mens Estates from others) as will be found when accounts are adjusted, and was one that had the confidence to say in the hearing of Mr. Wiseman our clerk, hee had not plundered enough, soe that the Rebellion ended too soone for his purpose, Besides wee ourselves have observed him to have been the Evil Instrument that formented the ill humours between the two Gov-
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emours then on the place, and was a great occassion of their clashing and Difference.
Col. Mathew Kemp a gentleman of an honest Loyall Family, a very deserving Person and much a sufferer by the Rebells.
Mr. Arthur Allen who is credibly reported to us, has Lost at least loooj^ sterl. by the Rebells though his modesty lets him say nothing himself of it.
Col. Wm. Claiborne the Elder, and his sonnes, were all of them Reported to us under a character of Loyalty, and obe- dience to his Majesties Govern^ and Loosers both in stock and other Goods.
Cap* Otho Thorpe, a signal sufferer by Bacon and his Party, as appears by Oaths taken before us, and Sir Wm. Berkeley's owne order of Restitution of his Plundered Estate, after the Governour had made a composicion with him of near 2oO;^ sterl. for his Pardon for signing a paper extracted by menaces, and ob- tained by Giles Bland, when Thorp was by drink bereaved of his comon reason, soe that this person may bee most truly said a great sufferer by both sides.
Mr. Philip Lightfoote a great Looser and sufferer both in Es- tate and person being both Plundered and Imprisoned by the Rebells.
Col. John Smith sustained great losses by the Rebells, his stock and other estate being taken and destroyed by them.
Maj. Laurence Smith a great sufferer in his Estate and Person being Plundered and Imprisoned by the Rebells.
Col. John West a person greatly impaired in his stock & goods by the Rebells, and a most constant Loyall Gentleman during the late Rebellion, and was for some time after Bacons death Imprisoned by the Rebell Partie.
Major John Lewis a sufferer in the same kind as the former.
Mr. Henry Whiting, Mr. Humphrey Gwyn, Great Loosers by the Rebells both in their stocks & Estates.
Mr. Richard Whitehead, Mr. Edmund Gwynne, Great suffer- ers in Estate by Plundering and in person by the Rebells.
Mr. Charles Roane one that had his dwelling House and other Houses Burnt downe to the ground, and most part of his goods and provisions destroyed and carried away by a party of the Rebelb Comanded Gregory Walkate after Bacons death.
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Mr. Thomas Dedcon a Looser in his Elstate, and sufferer in his Person by Imprisonment.
Major John Burnham Imprisoned by the Rebells and other- wise a sufferer by them.
Major Powell an honest Loyall Person who was wounded
by the Rebells in his Leg at James Towne Engagement, and (as wee have heard) a great sufferer in his stock and otherwise.
Major John Page and Mr. John Bray Great Loosers in their Estates.
Col. John Leave a Person always with the Governour in the late Troubles, who in his absence from his owne house lost much in his Stock at home & otherwise, and was the first person of Virginia that came on Board us on our Arrival & gave us an ac- count of the condicion of that Place.
Col. Charles Moryson a Gentleman of constant and approved Loyalty, who was never from the Governor but very serviceable and active upon all occasions as well in his owne person, as by his servants, and one that has been much Burdened and impaired in his stock by being at a great and frequent expense in furnish- ing Sir Wm. Berkeley and his party with supplyes of Provisions and also by being Plundered by the Rebells. Hee hath also beene at noe small charge in Entertaining both the Governors at his owne house with the traine that attended them, with greate freedom and openesse to all.
Cap* Wm. Diggs sonne to Mr. Edward Diggs, deceased, a Galland, brisk young Gentleman, who in a single dispute betwixt him and Hansford, one of the cheifest champions of the Rebells side, cut off one of Hansfords fingers, and forced him to fly, and maintained the Governors cause against the Rebells, with great constancy till he was forced to fly to Maryland, whose mother suffered considerably in her estate for her sonnes Loyalty.
Inhabitants sufferers by the Burning of James Towne; amongst whome, the most Emminent were.
Col. Thomas Swanne, who had a house burned & ye Goods in it.
Major Theoph : Hone, who had also a house and goods de- stroyed by the fire.
Mr. Will: Sherwood, and the orphan of one Mr. James,
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whose house was burnt downe by the Rebell Lawrence, and the losse estimated at least looO;^ sterl:
There are Divers other poor Inhabitants whose p'ticular names and losses wee cannot give in, that were great sufferers by this calamity that befell James Citty after the Governor and his party left it.
In Accomack.
The Gentlemen of this Province were very Loyal to his Maj- estie and FaithfuU and constant to the Governour, and must therefore of consequence, be greate sufferers since this place was the onely shelter for the Governour and his Party during the Troubles in other Parts of his Majesties Colony of Virginia; from which this is seperated seven leagues distance.
The Persons of Particcular Emmency were these, vizt: Col. Stringer, Col. Littleton, Mr. Foxcraft, Major Jenifer and in the first Place.
Major Gen" Jo. Custis whose house was Sir Wm. Berkeleys continued Quarters, a person who at all tymes and Places boldly asserted, & supported to his power the Governours honour & cause in his Ma***"* behalfe against the Rebells. This worthy Gentleman upon consulting severall of the most emminent and able persons in Virginia for victualling his Majestyes ships there, most frankly and engaged to lend the King a Thousand pounds sterling on his owne account, to promote and advance the doing thereof, if it possibly have been performed answerable to his Ma**^ on their Exigency, which none would undertake to doe.
The good Queen of Pamunkey, a faithfull friend to, and lover of the English and their interest, whose sufferings by the late Rebells have beene very much many wayes, being driven out into the wild woods and there almost famished. Plundered of all shee had, her People taken Prisoners and sold, the Queen was also robbed of her rich watchcoat for which she had great value, and offered to redeem at any rate.
We could not but present her case to his Ma"*" who though he may not at present, soe well or readily provide remedies or re- wards for the other worthy sufferers, yet since a Present of small Price may highly oblige and gratify this poor Indian Queen wee humbly supplicate his Ma"® to bestow it on her.
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Major Robert Bristow, a Gentleman of a good estate and an Eminent sufferer in his stock, Provision, Armes, Ammunition, M'ch*' Goods & considerable Quantityes of Strong Liquors, as also in his person by being kept prisoner untill Bacon* s death and after, he hath had a general knowledge of most passages re- lating to the late unhappy Troubles, and is able not only to justify most Particulars of our Narrative, But also is a person very fitt & necessary to be examined to divers particulars in the gen- erall & personall Greivances. Being a man of good understand- ing in the Virginia affaires and one of Integrity and moderacion, soe that wee could wish hee might bee sent when there shall bee occasion & use of him in any of the aforesaid affaires being now an Inhabitant in Tower Street, London, Agt. Barking Church.
[signed] John Berry.
Ed. in, Octob. 15th, 1677.
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THE COCKE FAMILY. 71
GENEALOGY.
THE COCKE FAMILY OF VIRGINIA (HENRICO).
Fifth and Sixth Generations Continued. Line of Richard
Cocke.* III. Descendants of Richard Cocke,* Son of
Richard,' Son of Richard.*
Richard Cocke,* as stated in the article for Januar>', was the second son of Richard,* and half-brother of Bowler.*
We shall now publish entire ( with such annotations as may seem pro- per) a paper drawn up in the year 1813 by Colonel Richard Cocke,* son of Richard,* and given by him to General John Hartwell Cocke,' of ** Bremo " on James river in Fluvanna county. It carries with it, there- fore, unusual authority as a family record. It gives the descendants of Richard Cocke* in full, and has a brief account of the family of Benjamin Cocke,* and the daughters of Richard.'
The following is the pedigree:
Family Record of Colonel Richard Cocke,* of "Shoal Bay."
** The following genealogical narrative was received from Col. Richard Cocke,* of Shoal Bay, in the county of Isle of Wight, at an advanced period of his age, by John H. Cocke, of Bremo, Fluvanna county, April, 1813."
The original ancestor of the Cockes of Virginia emigrated from Leeds* in Yorkshire, England, about the year 1650, and settled at Mal-
• We know of no authority for this statement. We have not been able to find any traces of the Cocke family in Yorkshire, thoush they were widely scattered in England in the beginning of the 17th centur>*. Nor is it probable, as stated further on, that Rich- ard Cocke* settled at " Malvern Hills," which does not appear in the family until the second generation (Thomas Cocke'), though the place was probably owned by Richard Cocke.* On one of the tombstones at Bremo we have the inscription : '• Here lyes In- terrd the Body of Richard Cocke, son of Richard Cocke of B ■ ♦ (bom 1639)," which shows that Richard Cocke, the first, lived at Bremor. as it Is spelled on the tombstone of Anne (Bowler) Cocke, wife of Richard.'
In a previous article we have stated that "Bremo" or "Bremor" was probably an Indian name, but we have since discovered that there is a " Breamore House" in the county of Wilts, and also that there is a village called ' Breamore " in the western part of the county of Hants (Hampshire), about 7 or 8 miles south of Salisbury, just on the southern frontier of Wilts, which last county adjoins Gloucester, where the Cockes were numerous, and'wbere lay ** Malvern Hills." We think that it was from this part of Eng- land, and from near Malvern Hills, that Richard Cocke' came, and that he was nearly connected with the Cockes of Gloucester, who settled in that county from Kent about 1450.
Colonel Cocke was also mistaken as to the date of Richard Cocke's arrival in the col- ony. We have stated in a previous article that his name first appears in 1632 as a mem-
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72 VIRGINIA HISTORICAL MAGAZINE.
vern Hills in the county of Henrico. A descendant from the English emigrant settled at Bremo, near the same place in the same county, where Richard and Benjamin Cocke were bom, who both married heir- esses in Surry and settled in that county. Richard and Benjamin were younger and half brothers of the elder Bowler Cocke, of Bremo ( Hen- rico). They had sisters, one of whom married Mr. Adams, ancestor of the late Col. Richard Adams of Richmond; another married Mr. Epps, of the Hundred, near City Point, progenitor of John W. Epps, Esq.,* and a third married Mr. Acrill, of Charles City, whose family name is extinct.
IV. Benjamin* Cocke's Branch.
Benjamin* married a Miss Allen, [daughter of Arthur Allen of Bacon's Castle] of Surry, and raised a son and two daughters, namely: Allen,* Catharine,* and Rebecca.*
I. ^//(f«,* married Nancy Kennon of Charles City, and raised three sons and two daughters, viz: Benjamin Allen,' Richard,* and Allen;' Nancy,' and Catharine.* The two elder sons married, but left no chil- dren; Allen,* the youngest, died single. Nanc>'* first married General
ber of the Colonial Assembly from Wyanoke. We have since ascertained that Richard Cocke patented loo acres of land in Elizabeth City in 1628. We have already mentioned in our first article (January, 1895, page 387) that " William Cox patented 100 acres in EUz> abeth City September 20, 1628." [They came over together.] In 1636 Henry Southwell or Southall (spelt both ways on the land-books) patented 700 acres of land "on L)nn Haven,'* in Elizabeth City. Elizabeth City then included what is now Princess Anne county, lying on Lynn Haven Bay, and it is probable that Richard Cocke,» William Cox.t and Henry Southall all landed in what is now Princess Anne county, on Lynnhaven Bay, and that these were about the three first Virginians who ever realized the delicious flavor of the famous bivalve now in such esteem among all the epicures of this western world.
In 163a, as we have said, Richard Cocke^ was in the House of Burgesses from We>a- noake. This is in Charles City county. In March. 1636, he is entered on the land-books as patenting 3,000 acres of land in Henrico. Lands adjoin those of Thomas Harris. Same year Thomas Harris adds by patent 700 acres to his lands near " the Bremoes div- idend." This must have been Bremo, and it was at this time it got its name.
Richard Cocked came over when Captain Francis West, brother of Lord De La Warr (first governor), was in charge of the colony (1627). Governor West was succeeded by his brother in 1635, Captain John West, who remained in Virginia, and he (Francis) owned lands near " Westover.'' In England, about 1675, Elizabeth Cocke, daughter of Sir Henry Cocke, of Herts, married Robert West, son of Lord De La Warr. About this date the family of Sir George Percy, Governor of Virginia (1609-11), and brother of Henry, Earl of Northumberland, had intermarried with the family of Thomas Cock (1620), county Gloucester, England.
The Cockes at this time were very prominent in England. Richard Cox was a promi- nent Virginia merchant in London. Several members of the family were connected with the Royal Household in the reigns of Henry VIII, Mary, Elizabeth, and James I. They were connected by marriage with the Wests and Percys, Loid Chandos, the Berkeleys. Sir Hugh Poyntz, Sir Robert Oxenbridge, Sir Edmund Lucy, Lord SomeiB, Lord Went- worth, &c.
*U. S. Senator from Virginia 1817.
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THE COCKE FAMILY. iS
James A. Bradley, by whom she'' raised no child; Secondly, Patrick H. Adams — no child — ^and is now living, the wife of Richard* H. Cocke, of Bacon *s Castle, Surry.*
Catharine,^ daughter of Allen,* married, first, Wilson C. Wallace, (by whom she had a daughter, Sally, now living), and died the wife ot Thomas Hare, leaving him a son.
2. Catherine,^ the daughter of Benjamin,* married Mr. Bradley t and raised James A. Bradley [who married his cousin, Nancy,* as above stated].
3. Rebecca,^ daughter of Benjamin,^ married Mr. Eaton, t and raised a son, William (wlio is now living in North Carolina and has several children, and two daughters, Mrs. Brownloe, who has left two children, and Mrs. Williams, who is still living and has several).
Richard Cocke's* Branch.
Richard* [born, 1707; died, 1772,] married Elizabeth Hartwell,* of (Surry), Swan's Point, and raised the following named children, viz: Hartwell,* Benjamin,* Elizabeth Hartwell,* and Rebecca.* In a second marriage with Elizabeth Ruffin, relict of Mr. Kinchin, he raised Nancy,*^ Richard* (the author of this narrative), Lucy,* Nathaniel,* and John.*
* We may notice here the prominent position occupied at this time by the Cocke family in the county of Surry, which at this date seems to have been one of the leading coun- ties. There were living during this period (1759-1790) in this county, Colonel Richard Cocke,^ Col. Allen Cocke,* Col. Hartwell Cocke,* Col. Lemuel Cocke,* and Col. John Cocke < (these last two of the line of William Cocke, who came over in 1690"). They were all very prominent men. Richard Cocke* was a member of the House of Delegate, 1784, and no doubt other years. Allen Cocke,* was a member of the House of Burgesses in 1773, 1775, 1776. Hartwell Cocke,* was a member in 1759, 1761, 1765, 1767, 1768, 1770 (and no doubt other years). Col. Lemuel Cocke was a member, 1786. 178S (and probably other years). John Hartwell Cocke,« 1787. During the same period, Bowler Cocke,* and Bowler Cocke.^Wm. Cocke of Washington, Charles Cocke of Lee [a few years later], Anderson Cocke of Cumberland, &c , were members.
In the year 1776, in Surry county, on the Revolutionary Committee of Safety, there were five Cockes: Col. Allen Cocke, Col. John Cocke, John Cocke, Jr., John Hartwell Cockes Col. Lemuel Cocke. Hartwell Cocke was just dead.
t (General James Allen Bradley • (he is called general by Governor Bev. Randolph in 1794 ) 'vas the issue of this marriage. He married Nancy [Ann Hunt] Cocke,* daughter of Allen Cocke* and Nancy Kennon, and died, leaving her a widow. She married, second, Patnck H. Adams, and third, Richard Her'oert Cocke,* her cousin, son of Richard Cocke.*
Robert Bradley, in 1680, was one of the attorneys of the colony. William Bradley was a Burgess for Norfolk county, 1761 and 1768. It was a prominent name in Charles City county.
t Of James City. Colonel John Eaton was a Burgess for James City in 1736 and in i739» in which last year he died.
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1. HaHwe//,'' married Ann Ruffin/ daughter of John Ruffin, of Rich Neck, in Surry, and raised John Hartwell,' Hartwell,* Mary,* Richard,* and Martha* (twins), Nancy,* Benjamin,* Robert,* and Elizabeth.*
2. Benjamine,^ (the brother of Hartwell) died unmarried.
3. Elizabeth Hartwell,^ married Mr. Thornton, and raised four daughters and one son, viz: Nancy,* Rebecca,* Francis,* Luc>*,* and Elizabeth.* Elizabeth,* daughter of Elizabeth Hartwell* Thornton, first married, William Wilkinson, of James City, jand had a son (Cary')t who is now (1813), living. By her second marriage with Robert H. Taliaferro, there are four children:
Nancy Thornton,* daughter of Elizabeth Thornton,* married Mr. Branch, and raised a son, Henry F.'
Francis,* son of Elizabeth Hartwell* Thornton, died at New Orleans in the militar>' service of the United States, about 181 2.
4. Rebecca,^ the daughter of Richard Cocke,* married Col. Richard Taliaferro, of " Powhatan," in the county of James City, and raised three sons and seven daughters, all of whom, except one, she survived. The eldest son Richard died unmarried. The second son, Benjamin, raised no children. The children of the third son, Robert H., are noticed above.
The eldest daughter* of Rebecca (Cocke*) Taliaferro married Daniel Call,t of Richmond, who has one daughter living. The second* married the late Judge William Nelson,^ from whom there are no descendants
•This line of Cockcs IntermHrried several times with the Ruffins: i. Richard Cocke.* married Elizabeth Ruffin (Mrs Kinchin). 2. Hartwell,^ son of Richard,* married Anne Ruffin, of '* Rich Neck," Surry county, daughter of John Ruffin. 3. Lucy Cocke,* sister of Hartwell,* married William Ruffin, of" Rich Neck " (1770). ['* Rich Neck " had been the seat of Colonel Philip LudwellJ. The daughter (Nancy) of Lucy Cocke* and Wm. Ruffin married William Browne, of *' Four Mile Tree," Isle of Wight,
Jane Skipwith,' daughter of Sir William Skipwith,> married Edmund Ruffin, and they had a son, George,* (bom 1765), who married Rebecca Cocke. And George Ruffin and Rebecca Cocke (c. 1790) had issue: Edmund Ruffin, of Prince George, born 1794; married Susan Travers; committed suicide 1865; distmguished agriculturist; fired first gun at Fort Sumter in 1861. See Bristol Parish, 230. Edmund Ruffin, of Prince George, was a member of the State Convention of 1785.
fCary Wilkinson was one of the Committee of Safety, of James City county, in 1774.
In 1819-20, Cary Wilkinson, John Tyler, Capt. John Armistead, &c., constitute the County Committee for Charles City county, in the Presidential election (Republican).
In the Virginia Argun, (or Nov. 20, 1810, Cary Wilkinson advertises three tracts of land of 280, 200, and 234 acres— the last as agent for Miss Martha B. Southall.
X Daniel Call was one of the most eminent lawyers of Richmond in the beginning of the century. He was the author of Call's Reports.
2 President William Nelson (acting Governor in 1770,88 President of Council) died in 1772. His son. Judge William Nelson, was a member of the Conventions of 1776 and 1788, and one of the Privy Council in 1785. He was also a member of the Legislature in 1783, and probably other years.
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THE COCKE FAMILY. 76
now living. The third* married Mr. Carter Nicholas, who raised no children. The fourth,* Mr. William Browne — no children. The fifth,* Mr. Wilkinson, who raised one daughter, the present Mrs. Harrison, of Petersburg. The sixth married Mr. William P. Harris, and raised no child; and the seventh* married Mr. McCandlish, at present living in Williamsburg, and who has several children.
5. Nancy,^ daughter of Richard Cocke,* a child of the second marri- age, married Colonel William Browne,* of Four Mile Tree, Surry, and raised Richard, John, and Polly, all of whom died early and left no descendants.
6. Richard,^ son of Richard,* married Ann Claiboume.f and raised Richard H.,*t Augustine* [born 1771], Lucy,* and Buller.* In a second marriage with Mrs. White he has now living Nathaniel,* William* [mar-
*Oiie of the wealthiest and most influential families in Surry county in the eighteenth century was the Browne family of " Four Mile Tree." These were neighbors to the Cockes (Richard Cocke* and his descendants, intermarried with them, and held evi- dently very intimate relations towards them). As far back as 1637 Captain Henry Browne patented 2.250 acres of land in James City county, on the south side of the river (Surry), at " Half-way Tree ; " In 1639, 900 acres in James City county : and in 1643, 2,450 acres at " Four Mile Tree." He was a member of the Council in 1634-60. William Browne was m mber of the Council in 1646. and repeatedly a member of the House of Burgesses.
In 1747 the inventory of Captain William Browne amounted to ^2,630 in Surry, and ^6x9 in Isle of Wight. In 1734 there is a record of the will of Henry Browne, who leaves rings to Richard Cocke* and his son Hartwell.* By a nuncupative will, 1744. Captain William Browne leaves the direction o{ his wife and children to his " good friends, Cap- tain Richard Cocke and William Eaton." About 1768 Colonel William Browne, bom '739i married Anne Cocke, daughter of Colonel Richard Cocke.*
t Colonel Augustine Claiborne, of "Windsor," born at "Sweet Hall," 1721: eminent laws'er; married Mar>', only daughter of Buller Herbert, of "' Puddledock," near Peters- burg, brother of Martha Herbert, wife of James Powell Cocke.* who was immensely wealthy. These had issue : i. Mar>-, born 1744, married General Charles Harrison, of the Revolution, son of Benjamin Harrison, of Berkeley, uncle of President William Henry Harrison: 2. Herbert, married a Rufl^n, of "Sweet Hall," King William county; 2d, a
daughter of William Burnet Browne ; 3. Thomas, born 1747, married Scott, whose
mother was a Miss Cocke, of James River; member House of Burgesses, 1775-8, from Brunswick ; 4. Anne, born 1749, married 1768, Richard Cocke,* of Shoal Bay, Isle of Wight county, author of this paper; 5. Buller. born 1755, Major in Revolution, aid to General Lincoln ; married Patsy Ruffin ; issue : Sterling Claiborne, of Amherst ; 6. Lucy Herbert,* married CoUmel John Cocke,* son of Richard Cocke.*
t Colonel Richard Herbert Cocke,* son of Richard,* lived at " Bacon's Castle," Surry, and his brother, Buller,* lived at " Monk Dale," both on James River, near the old Surry ( hurch. Paeon's Castle had been a seat of Benjamin Cocke,* whose grhnddaughter (the widow of General James Allen Bradley) Richard H. Cocke married. In 1675 it had be- longed to Arthur Allen, father of Benjamin Cocke's wife, and was taken possession of and defended by parties engaged in Bacon's Rebellion, and got its name from this circumstance. The original house (a brick dwelling of two stories and some six or eight rooms, four gables) is still standing.
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ried Eliza Johnson],* John* [married Ann Bressie Webb, 1820], Leo- nard,* and a daughter.
a. Richard H.,*'^ married, first. Miss Markie, and has a daughter J liv- ing, and by a second marriage with Mrs. Adams {nf^ Ann Hunt Cocke), daughter of Colonel Allen Cocke, has no children. (She married, first. General James A. Bradley. )
b. Builer.^l married Miss [Eliz.] Barron, || and has several children living.
c. Lucy* daughter of Richard, ° married William Rufiin of Richneck, and raised a son and daughter, Wm.^ and Betsey.' Wm.' married Miss Edwards and has left two sons, William,' and Thomas.* Betsey,' mar- ried the late Wm. Browne, Esq., of Four Mile Tree, and has left an only daughter, lately (1813) married to John T. Bowdoin, Esq.
d. Nathaniel,*^ son of Richard,* married Miss Thompson, of Halifax, and raised three sons; Nathaniel,' John,' and William,' the two first died young, the latter still lives in Savannah, Georgia.
7. John Cocke,^ son of Richard,* married Miss Claibourne [Lucy Herbert] of Sussex (born 1769) and raised two sons, Herbert,* and John,* both of whom are now living in the county of Halifax, and have chil- dren (181.^).
Descendants of Hartwell Cocke *
a. John Hartwell,* son of Hartwell,* married Elizabeth Kennon, of Mount Pleasant, in Chesterfield, daughter of Robert Kennon and Sally (formerly Sally Skipwith, daughter of Sir Wm. Skipwith), and raised the following children, viz: Sally,' Nancy,' Elizabeth,' John Hartwell,'
* William Henry Cocke,* son of Colonel Richard Cocke.* married Eliza Johnson, daugh- ter of James Johnson, of James City (in Convention of 1776). William H. Cocke was in United States Navy, and was killed in 1822 by accidental discharge of a gun off Moro Castle.
t Richard Herbert Cocke*died 1833. His wife (Ann Hunt Cocke) renounced the will. His apprHisement was $29,048.39; he had seven coaches and sets of harness, and twenty- two horses.
X Martha Ann Cocke,T who married, 1. Batt Henley ; 2. John Peter. Issue by first mar- riage : Indiana Henley ,8 who married Dr. Emmett Robinson, of Petersburg.
\ Elizabeth Cocke.T daughter of Buller Cocke • married Lewis Curzon Trezvant. James Trezvanl represented the Southampton District in Congress in 1825-31, and was in the Convention of ;829-3o It is a Huguenot name. The family came from Maine.
I There was a Commodore James Barron, a Commodore Richard Barron, and a Lieu- tenant William Barron in the Revolution. Commodore James Barron killed Commodore Stephen Decatur in a duel (1820).
H Nathaniel Cocke,« son of Richard Cocke,* (of Halifax), was Lieutenant Colonel in the State Line in the Revolution.
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THE COCKE FAMILY. 77
and Mary Kennon.^ Sally married Nicholas Faulcon,* of Surry, whom she survives (1840), having no child. Nancy ^ married, first, Carter Nicholas, of Chesterfield, by whom she raised no child, and secondly, Merrit M. Robinson, of Richmond, leaving a son, Merrit M. Robinson,* now (1840) living. Elizabeth^ married Arthur Sinclair, late a commodore in the United States Navy, and died, leaving no child. Mary Kennon ' f married John Faulcon, of Surry, deceased, leaving one child, Elizabeth Ann, now Mrs. Upshur.
b. Hartwelly* son of Hartwell,* married Miss Clements of Southamp- ton, and died without having a child.
c. Mary,* daughter of Hartwell,* married Captain Edward Archer, of Norfolk Borough, and has left two sons; Richard,' and Samuel B.,' and a daughter Maria,' married to Mr. Woodruff of Fredericksburg.
d. Richard* son of Hartwell,* died unmarried.
e. Martha* daughter of Hartwell,* is now living, the wife of Colonel Daniel Coleman, of Caroline, and has three sons, viz: John,' Ruffin, and Daniel,' now residing in Kentucky and Alabama. [She died in Ala- bama, March 1842.]
f. Nancy* daughter of Hartwell,* is now living, the wife of Thomas Gray, Esq., J of Southampton, and has four sons and two daughters liv- ing, viz: Edwin,' Joseph,' Robert,' and Thomas;' Catherine,' and Nancy '
<i8i3).
g, Benjamin* son of Hartwell,* died unmarried.
h. Robert* married twice; first, Miss Browne, and then Miss Newsum. No child by either marriage. /. Elizabeth* daughter of Hartwell,* married Wm. Taliaferro.
John Hartwell Cocke.*
Copied from an old prayer-book in the possession of Dr. C. C. Cocke, 1848.
* Nicholas Faulcon and Colonel Allen Cocke represented Surry in the Convention of 1776. In 1781 (to 1801) Jacob Faulcon was clerk of Surry, and from 1801 to 1829 John Faulcon was clerk. Several of these Faulcons married with the line of John Hartwell Cocke.«
t The ancestor of this family (see Slaughter) was Richard Kennon, who, with Francis E[^>es, Joseph Royall, and George Archer appear as joint patentees of 2,827 acres of land in Henrico in 1670. Wm. Kennon,* in 1713, was in House of Burgesses from Prince George, General Richard Kennon,^ of the Revolution, was a brother of Robert Kennon.'
X William Gray was a Burgess from Surry, 1710-15.
Joseph Gray was a Burgess from Isle of Wight, 1736.
Joseph Gray (son probably) was a Burgess from Southampton in 1744, 1755, '56, '57. '58, '6a, *67, '69.
Edwin Gray (probably his son) was a member of the Convention of 1776, from South- ampton (with Henry Taylor, grandfather of Sarah W. Taylor, who married Dr. Charles Cocke of Albemarle county). Edwin Gray also represented the Southampton District in Congress, in 1799-1813.
John C. Gray represented this district in Congress, 1820-21.
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John Hartwell Cocke,* born November 26, 1749, married, November 28th, 1773, to Elizabeth Kennon, who was bom July 13, 1755; died 1791; of which marriage was bom: Sallie Cocke," May 10, 1775. Ann Hart- well Cocke,^ November 11, 1776. Elizabeth Cocke,' July 6, 1778. John Hartwell Cocke,' September 19, 1780. Mary Kennon' Cocke, July 25,
1783. Robert Kennon' , December 26, 1785; died 1790. Martha
Ruflfin' Cocke, January 26, 1788. Rebecca Kennon Cocke,' July 10, 1791; died 1 791.
General John Hartwell Cocke.'
John Hartwell Cocke,' the son of John Hartwell,* the son of Hartwell.* the son of Richard,* was married to Ann Blaus Barraud, daughter of Dr. Philip Barraud, of Norfolk, Va., December 25th, 1802 (died 1816). From which marriage were born: John Hartwell,* January 25, 1804; died September, 1846. Louisiana Barraud,^ June 24, 1806; married Dr. John Faulcon, of Surry; died 1829. Philip St. George,* April 17, 1809; mar- ried Sally Elizabeth Courtney Bowdoin; died December 26, 1861. Ann Blaus,* December 15, 181 1; died 1862. Cary Charles,* January i, 1814. Sallie Faulcon,' September 8, 181 6.
C. Fifth and Sixth Generations (Line of John Cocke'), De- scendants OF Martha Cocke,* Daughter of William Cocke,* Son of John Cocke.*
Martha CocKE,*daughterof William,* married Henry Wood, whose commission as Clerk is the first paper in the county records of Gooch- land (1728).
Henry Wood, was bom in London in 1696, and arrived at Yorktown i7»3i after which he lived for two years, as his apprentice, with Christo- pher Robinson, a wealthy merchant on the Rappahannock river, and who was Secretary of State, 1705.
We find him (Henry Wood) then in Henrico county, where he married Martha Cocke at Bremo, in 1723. He was (says the family record) a person of good education, strong natural parts, and great vivacity of temper. He practiced law, and acted as Clerk of Goochland for forty odd years. He was a person of unblemished character, and acquired a considerable property.* He was appointed Clerk in 1728, which office he held until 1757, when he was succeeded by his son, Col. Valentine Wood. He died and was buried at his seat, " Wood ville," and his tomb, a heavy, oblong, granite slab mounted on pedestals, bearing the inscription, '' Fuimus quoque tios,'' is still well preserved.
Issue of Henry and Martha (Cocke) Wood:
• Henry Wood and Benjamin Cocke* (son of Richard*), w«Te Vestrymen of Goochland
in 1744.
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THE COCKE FAMILY. 79
I. Valentine Wood, bom Sept. 2, 1724; married, January 3, 1764, Lucy Henry, sister of Patrick Henry, bom in Hanover county, March 29, 1743, died in Fluvanna, July 14, 1826.
II. Sally Wood, bom 1726; married William Pryor.
III. Patty Woody born 1732; married Wm. Merriwether, 1751.
IV. Three other children, who died unmarried.
{a) Valentine Wood, succeeded his father as Clerk of Goochland (1757- 81 ). He was Colonel of the County Militia, and one of the first justices appointed for Albemarle (1744 taken from Goochland).
Lucy Henry, the wife of Valentine Wood, was of an intellect compar- ing in vigor with her brother's. She was a woman of most eamest piety, and was an attendant on the ministry (more or less frequently), of the celebrated Samuel Da vies.*
The descendants of Valentine Wood and Lucy Henry were:
T. Henry, died unmarried. 2. Martha, married Major Stephen South- all, son of Col. Tumer Southall, of Henrico. 3. Mary, married Judge Peter Johnston, father of Gen. Joseph E. Johnston. 4. Valentine, died unmarried. 5. Lucy, married Edward Carter, of Blenheim, Albemarle, son of Colonel John Carter, of Shirley. 6. John Henry, married Eliz. Spencer.
{f}) Sally Wood and William Pryor. The latter was Sheriff of Gooch- land county, 1753, 1754, Colonel of Va. Militia, many years one of his Majesty's justices for Goochland. He died in 1777. His will mentions wife Sarah; sons, Samuel, William, and John; daughters, Sally Payne, Patty and Mary.
{c) Patty Wood and William Merriwether. — The latter was a captain in Revolution, and died in Louisa county, where his will is probated. He left several children, of whom one David Wood Merriwether (bom 1756) married Mary Lewis, daughter of John Lewis, one of the most eminent members of the bar of that period, and moved to Kentucky in 1 80 1. (There was a David Merriwether in United States Senate from Kentucky in 1852.)
William Merriwether was the son of David Merriwether, who was son of Major Nicholas Merriwether and Elizabeth Woodhonse, the former of Surry county, the latter of the old Woodhouse family of Princess Anne. (There was a Nicholas Merriwether, Burgess from New Kent in 1714, 18, 23, and 26. George Merriwether was in the Virginia Conven- tion of 1776, from Louisa.)
♦"Two of the sisters of Patrick Henry," says Campbell {Hist. Va., p. 522)— "Lucy, who married Valentine Wood, and Jane, who married Col. Samuel Meredith, were mem- bers of Da vies' congregations."
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D. FIFTH AND SIXTH GENERATIONS (Line of William
Cocke*).
The Family of Obadiah Smith.
In a previous article (page 95 of Virginia Historical Magazine, July, 1896, and page 328, October, 1896), we stated that Mary Cocke,' daugh- ter of William Cocke," married Obadiah Smith, and some seventy-five years afterwards (1777) his descendant, Lucy Smith (daughter of his grandson, Obadiah Smith*,), married James Powell Cocke,* of Malvern Hills.
Obadiah Smith* and Mary Cocke* left issue: William, John, Obadiah, Jacob, Luke,^ Elizabeth, Anne, Mary.
Luke Smith ♦ left a son, Obadiah,* who married Mary Burks,* in Albe- marle county, Va., and died in 1777.
Obadiah Smith* and Mary Burks left issue: Luke, Susanna m. Isaac Winston,t Peartree, Elizabeth, William (married Elizabeth Mayo), Oba- diah, Lucy,* hoxxi Decembers, 1756; Charles, and Joseph.
William Smith* and Elizabeth Mayo t (he died in Chesterfield county in 1800) left issue: Mary, William, Elizabeth, Beverly (Dr.), Lucy Ann, Signora Tabb, William Mayo, Edward Warren, and Obadiah. We get the above information from Mr. Charles L. Pullen, of New Orleans, great grandson of William Smith,* son of Obadiah.*
We have another pedigree of the Smith family sent us by Mr. Willis B. Smith, of Richmond, which gives the descendants of Mary Smith.' who was a daughter of the first Obadiah Smith. Mr. Willis Smith writes
* In " The Cabells and their Kin " we have the following (page 59): Elizabeth Cabell ■ [Burks], wife of Dr. William Cabell, was the daughter of Samuel and Mary Davis Burks, of Hanover county (when that county extended to the Blue Ridge mountains;. Her only sister, Mary Burks, married Obadiah Smith (who died 1777 in Chesterfield county), and became the mother, inter alias, of Peartree Smith, whose descendants went to Kentucky: of William Smith, who married Elizabeth Mayo; of Lucy Smith, who married James Powell Cocke, and of Elizabeth Smith, who married Isaac Winston.
Peartree Smith got his name from John Peartree Burks, the brother of Mary Burks, the wife of Obadiah Smith. He moved to Kentucky. In 1852 " Mrs. Hebe Carter Preston married her cousin, Wm. Peartree Smith, of Henderson county, Ky." (page 455).
t Isaac Winston married, second, daughter of John Coles. He was a son of Isaac and Mary Ann (Fontaine) Winston; the latter bom 1718. and daughter of Rev. Peter Fontaine.
Peter Winston, brother of Isaac, was a member of the Henrico Committee of Safety, 1774, and he was the grandfather of John Winston Jones, Speaker of House of Repre- sentatives.
X Descended from Joseph Mayo, who came to Virginia, 1727, from Barbadoes. and set- tled at " Powhatan " (near Richmond), the seat of the Indian chief. They intermarried with the Carringtons. Philip Mayo represented Henrico in House of Burgesses in 1768. John Mayo represented Cumberland in 1770 and 1777. William Mayo, Jr., represented Powhatan in 1785. John Mayo was a member of the Cumberland Committee of Safety 1775.
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that their "old book says'* that Obadiah Smith,' who married Mary Cocke,* was the son of John Smith, of Charles City, who came there from England.*
Mary Smith, born 1726, died 1804, the ancestor of Mr. Willis B. Smith, married a William Smith, of Gloucester, son of Robert Smith, of Glou- cester,! son of William Smith, of Gloucester, probably of the family of Colonel Lawrence Smith. William and Mary Smith settled at "Mont- rose," in Powhatan county. They had a number of children, among them: i. Josiah, who was the father of the late Benjamin Mosby Smith, D. D., of Union Theological Seminary, Virginia; 2. Mary, married James Morton, father of Dr. W. S. Morton, of Cumberland county; 3. Anne, married Rev. Drury Lacy, who was the grandmother of the Rev. Moses D. Hoge, D. D., of Richmond; 4. Judith, who was grand- mother of Mrs. Terhune (Marion Harland).
Josiah married Judith Michaux Mosby, daughter of Colonel Littlebury Mosby, and granddaughter of Jacob Michaux.
The will of Obadiah Smith,* probated, in Chesterfield county. May 2, 1777, disposes of lands in Mecklenburg county, "with negroes and stock" to son of Peartree Smith; to son William land on James river "above Moses' creek, &c."; to Obadiah the residue of tract of land in Chesterfield county, " being plantation whereon I now live;" to William land at mouth of Hico and Dan rivers (Halifax county); to Obadiah all his land in North Carolina; to Lucy two negroes; to Elizabeth two negroes; to Edith Christmas one negro boy and ;f 100 in money, and two girls for life; to granddaughter, Eliz. Winston, one girl and ^f 100; to Peartree Smith ;f 250; and all the residue of his estate to William, Obadiah, and Lucy.
There is a letter from " Will. Scott," dated " Bunkershill, Va., Feb'y 25, 1777/* to " Mr. Wm. Smith, Paymaster 5th Virginia Regiment," who was with the army in New Jersey, informing him of the death of his father.
There was an Obadiah Smith and two William Smiths, who were lieutenants in the Continental Line in the Revolutionary War.
* Captain Roger Smyth (who had been a captain [1692] under Sir Francis Vere in the Netherlands), a member of the Virginia Council in 1621, had a plantation in Charles City county. John Smith (or Smyth), gentleman, of Nibley, spent large sums of money in Virginia, though he never came to the colony himself. He was interested in the Tracy- Berkeley-Smith-Thorpe plantation at Berkeley. Some of his family probably came to Virginia. From one of the above it is likely that Obadiah Smith' was descended.
Neiil {Virginia Carolorum) thinks that Roger Smyth was a son of John Smyth, Esq., of Nibley, in Gloucestershire.
+ Robert Smith, of Gloucester, had a large estate, now *' Rockcastle," in Goochland county, owned by Mrs. John C. Rutherfoord, just opposite *' Belmead," former seat of Philip St. George Cocke. Robert Smith was a member of the Cumberland Committee of Safety in 1775.
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E. THE COCKES OF CHARLES CITY COUNTY.
We have given the descendants of Rqbert Boiling* and Anne Cocke,' and we stated that this Anne Cocke was probably the daughter of Rich- ard Cocke,* the younger (youngest son of Richard Cocke*), who settled in Charles City county.
The destruction of the records of Charles City county leaves us only a few glimpses now and then of the Cocke family in Charles City in the i8th century. In the *"* Calendar of Virginia State Papers," vol. i, page 261, there is a record of the justices appointed for Charles City county in April, 1769: Edward Cocke, Benjamin Harrison, Littlebury Hardy- man,'^ Littlebury Cocke, &c. — twelve in all. In 1768 there is a deed on record from Littlebury Cocke (and Rebecca his wife) to his daughter, Rebecca Cocke. In 1773 there is a marriage license to Bray Johnson and Rebecca H. Cocke. In 1793 there is recorded the will of Rebecca H. Cocke, widow of Colonel Littlebury Cocke, devising a tract of land called " Westbury," and thirteen negroes to R. Cocke Tyler. In 1790 there is a mortgage from Acrill Cocke to Major Willcox. In 1791 a power of attorney from Jane Cocke to John Harwood. In 1792 a deed from Boiling Cocke to John Cocke. In 18 10 a deed from John Minge to John Cocke. In 1793 the will of Jane Cocke, devising tract of land called " Bullfield " to Frances Riddlehurst.
From the will of William Lightfoot, of Tedington, Charles City county, proved 1809, we learn that his first wife was named Anne, and they had a daughter named Anne Cocke, and a daughter named Elizabeth Boi- ling. Three daughters were bom about 1780, and in 1792 there is a deed on record in Charles City Clerk's office, from Boiling Cocke, who was therefore a contemporary of William Lightfoot. We think it probable that William Lightfoot married a daug^hter of Boiling Cocke. See Wm. and Mary College Quarterly, Oct., 1894, p. 108.
Tedington (says Dr. Slaughter), was one of the four farms which com-
* Captain Littlebury Hardyman. of " Indian Fields," Charles City county, is named in an article on " Racing in Colonial Virginia," in the Virginia Historical Magazine for Jan'v, '95, p. 301, along with Colonel John Tayloe, Colonel Wm. Byrd, Mr. Maclin. Wm. Lightfoot, George Washington. Lewis Burwell, Sir Marmaduke Beckwith, and a number of other gentlemen, who were engaged at that period in the importation of horses of the
English racing stock. He married Elizabeth Eppes. and she married, second,
Cocke, and had by him a daughter named Eliza Cocke, who in the year 1830, at the house of George Hairston. of Henry county, married Amos Allen Atkinson, of Alabama. George Hairston had married her half-sister, Louisa (Eppes) Hardyman. Another half- sister, Susan (Eppes) Hardyman, married John Southall, of Charles City. Littlebury Hardyman had a sister Lucy who married Colonel John Bradley, of " Laurel Hill," Charles City county, and these had a daughter, Maria, who married Philip Southall. son of William Southall, of Charles City. (c. 1800.) The grandmother of Eliza (Cocke) Atkuison was also a Hardyman (Anne), and she had a brother, Stith Hardyman, who married (c. 1770), Rachel Tyler, sister of Governor Tyler, the father of President John Tyler. See Wm. & Mary Quar. , April '97, p. 272.
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posed the splendid estate of Sandy Point, between the James and Chicka- hominy rivers. [Three of these farms were inherited by Miss Minge (Mrs. Robert B. Boiling), and the fourth was added by Col. Boiling.] These Lightfoots were extremely wealthy. Philip Lightfoot, of York, father of William of Tedington, who died in 1748, owned 180 slaves, and plantations in York, Charles City, Surry, Brunswick, Goochland, New Kent, and Hanover; and he left /■2,ooo sterling to each of his sons. His will mentions large amounts of plate, '* two-wheeled and four- wheeled chaise," '* coach and six horses," &c.
Wm. Lightfoot imported many fine horses.
We have mentioned just above, Acrill Cocke, who was living in Charles City county, in 1790, whose father no doubt married the daugh- ter or sister of Capt. William Acrill, who died in 1738. This William Acrill (as mentioned elsewhere) had married Anne Cocke,* of Surr>% sister of Richard Cocke,* and Benj. Cocke.* He was a member of the House of Burgesses at the time of his death.
His son, William Acrill was in the House of Burgesses, 1766, *68, '69, '70, '71, '72, '73, »74, '75.
We learn from the marriage license cited above and from the Williafn and Mary College Qimrterly, October, 1896, page 114 (note), that James Bray Johnson, son of Colonel Philip Johnson, of James City county, married Rebecca, daughter of Colonel Littlebury and Rebecca Hubard Cocke, of Charles City county, and that Elizabeth, daughter James Bray Johnson * and Rebecca Cocke, married Chancellor Samuel Tyler, of Williamsburg. This explains the gift in 1793 from Rebecca H. Cocke of the estate called **Westbury" to R. Cocke Tyler, who was her grandson and son of Chancellor Tyler.
It may be gathered from the foregoing facts that the Cockes of Charles City (descendants, as may be presumed, of Richard Cocke,* **the younger,") intermarried with the Boilings, the Lightfoots, the Johnsons, the Tylers, and the Acrills, of that county. We may mention in this connection the name Littlebury Cocke. We can find no trace of any Littlebury family in Virginia, and yet there was a Littlebury Cocke, a Littlebury Harrison, a Littlebury Ligon, a Littlebury Hardiman, a Lit- tlebury Royster, a Littlebury Mosby, a Littlebury Eppes, a Littlebury Royall, a Littlebury Carrington, a Littlebury Mason, a Littlebury Har- wood.
* James Bray, of James City county, was a member of the Council in 1676. His grand- son, David,* son of David, was a member of the Council in 1699. James Bray.* son of James Bray.i was a Burgess from James City in 1702. He was grandfather of Elizabeth Bray,* who married Colonel Philip Johnson. The wife of Governor Edward Diggs was a Bray.
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ADDITIONS AND CORRECTIONS.
James Powell Cocke.* — It is now ascertained from the Virginia Gazette of August 7, 1752 (see Witiiam atid Mary Quarterly, Vol. 4, page 240), that James Powell Cocke* married, not Martha Anderson, as here- tofore conjectured, but Martha Herbert, daughter of John Herbert,* said to have been "a merchant on James River," who had married Frances Anderson, probably of Henrico or Prince George. John Herbert, who died in 1704, was the son of John Herbert, of London, Apothecary, and grandson of Richard Herbert, of London, Grocer. His tomb was, until a year or two since, at " Puddledock," on the north side of the Appomattox, near Petersburg, but the slab, which is of slate, about six inches thick, has been removed to Blandford Churchyard, Petersburg. On it were inscribed the Family Arms: Per pale az. and gu. 3 lions rampant ar. armed and langued or. Crest: A bundle or arrows or. headed and feathered ar., six in saltire, one in pale, girt round the mid- dle, with a belt gu. buckle and point extended, of the first. The arms are those of Colbrook, County Monmouth. See Slaughter's Bristol Parish, 167.
John Herbert had three sons and one daughter: John, Buller, Richard, and Martha. The three sons were all among the earliest vestrymen of Bristol Parish, 1722-27.
Buller Herbert, **said to be [Slaughter] a grandson of one of the Lords Herbert," married a Miss Stith, of Brunswick, by whom he got 200 slaves, 15,000 acres of land south side of the Appomattox, 3,000 acres on Monkananock creek, the Puddledock estate, including Matoax, and lots and houses at Boiling's Point." They left only one child— a daughter— Mary, who married Colonel Augustine Claiborne, of "Wind- sor," a distinguished lawyer, member House of Burgesses, 1748, '53, and '54, from Surry. In addition to the great fortune inherited from her father, Mar>' Herbert got a block of Houses in London from her aunt, which sold for ;f 80,000. Nor was this all; her uncle, John Her- bert, whose will is on record in Chesterfield, left her the bulk of his large estate — he presumably had no children. This accounts [the ab- sence of sons] for the rare occurrence of the name in the succeeding generations. Of Richard we only know that he was a vestryman in 1727. Martha, the daughter of John Herbert, married, in 1718, /antes Powell Cocke.
In regard to the marriage of James Powell Cocke,* with Martha Her- bert, we find on going over our notes, that in the Henrico Clerk's office there is a record of the Inventory of Herbert Powell in 1690. His mother must have been a Herbert, and his father one of the Powells of 1620 and thereabouts. The children of Thomas Cocke,* were not by his second wife, Margaret Jones, but by his first wife, and she was prob-
* The Herberts were a prominent family in Lower Norfolk county in the 17th century.
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THE COCKE FAMILY. 85
ably a Powell. In this way the names, Stephen, James, and James Pow- ell, may have gotten into the family, and in this way, James Powell Cocke,* may have met Martha Herbert (a relative), whom he married.
We note that in 1635, Henry Harte patented 350 acres " on the south side of the main river over against James Town island," ** adjoining Capt. Powell's land." This was in what is now Surry County, It was in Surry Co. that Thomas Cocke,* married Mary Brashear, and Major James Powell lived in Isle of Wight adjoining.
In 1619, Capt. William Powell was a member of the first House of Burgesses, and represented James City. He was the ** Capt. Powell " of 1635, as we know from the fact (See Burk I, 332), that in the allotments of land in the year 1620, in the "Territory of Tappahannock, over against Jaffies City^''' 2ooacre^, planted, were allotted to Capt. William Powell.
Among the original "Adventurers," his name is entered as " William Powell, Gentleman, Paid £2%.^' Major James Powell, of Isle of Wight, was probably his son.
It is from this Capt. William Powell that the Powells of Loudoun, claim to be descended, and in their genealogy, the family is said to have been from Wales co., Brecon, and is traced from Bliddyn ap Macnyrch ap Driffen ap Hwgan, Lord of Brecon, in the reign of William Rufus, 1087. It is stated that he left two sons, Cuthbert and Thomas, who were living in I^ncaster in 1660.
Among sixty persons whom Richard Cocke brought over in 1636, was a Margaret Powell, James Cocke of Surry, had a sister Margaret. And there was a Margaret descended from the Capt. Wm. Powell of the Loudoun family.
Herbert is the family name of the Earls of Pembroke and Mont- gomery.
William Herbert, third Earl of Pembroke, was a member of the Vir- ginia Company in 1609. Paid /400. Bom in 1580. Married sister of Sir Philip Sidney. He patented 30,000 acres of land in Virginia in 1630. The Rappahannock river was originally called Pembroke river. He took an active part in Virginia affairs.
Philip Herbert, the second earl, was also a member of the Virginia Council in 161 2. Paid ^f 160.
James Cocke,* son of James Powell Cocke.* See page 431. We there represent that James Cocke* was living at Malvern Hills in 1781. But this must have been James Powell Cocke.' We have discovered that James Cocke* died in 1753, some six years after his father, aged about 34; and this is the reason that we hear so little of him. His wife, Mary Magdaleine Chastain Cocke, about a year after his death, married again — Peter (not Samuel) Farrar. These facts are given in a ped- igree in the possession of Dr. Charles Irving, of Amelia (one of the Cocke family). In this pedigree it also appears that James Cocke* had
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two sons named Chastain, the elder of whom died in infancy, about a year after his grandfather, James Powell Cocke,* who had left him all of his landed property, reserving a life estate in his widow (which she after- wards deeded to her son). The death of this infant (and his father) gave the estate to his heirs, who were his brothers and sisters. The children were all very young; Mrs. Cocke married Peter Farrar, who is said in the family tradition to have "managed** her property. (She probably remained at Malvern Hills. ) When James Powell Cocke* grew to manhood he probably bought out the interests of his brothers and sisters, and Peter Farrar and his wife moved to Amelia. It was always stated in the family that James Powell Cocke* owned Malvern Hills. He must have been there in 1781, when Arnold was at Westover. Some years afterwards he exchanged the property with Robert Nelson for lands in Albemarle. The other estate, Four Mile Creek, willed by James Powell Cocke* to his grandson, Chastain,* passed into the hands of one of the Pleasants family.
Margaret Cocke,* wife of Thomas Cocke,* and Peter Jones. It is stated (see Virginia Historical Magazine ^ III, 3, page 252) that Peter Jones married the daughter of Major-General Abram Wood. This must have been Margaret Jones