THE

VIRGINIA MAGAZINE

OF

HISTORY AND BIOGRAPHY.

Vo. XV. OCTOBER, 1907. No. 2.

JOURNALS OF THE COUNCIL OF VIRGINIA IN EXECUTIVE SESSIONS, 1737-1763.

(From the Originals in the Virginia State Archives.) (CONTINUED. )

At a Council held at the Capitol, April 29th, 1741.

PRESENT: The Hon’ble James Blair, President. Cole Diggs William Randolph John Robinson John Tayloe & John Custis Thomas Lee, Esq’rs.

Edm’d Porteus his petition praying a Licence to practice as an Attorney in the County Courts is granted, on Condition the Pet’r is found duly qualified, the Examination whereof is referr’d to Edward Barradall, Esq’r., King’s Attorney.

PRESENT: William Byrd & John Grymes, Esq’rs.

On considering the Petition of Jos. Harrison Comander of the Ship Murdock, in behalf of the late Owners of Said Ship, setting

forth the great Misfortune had befallen them in the Said Ships being Cast on Shore by the Violence of the Ice, before she had

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taken in her loading, & praying a remission of the Tonnage of Said Ship, which the Naval Officer of the District insisted on, It is

Ordered That the said Tonnage be accordingly remitted, and that the Nav’l Officer do not insist on the payment thereof.

On the petition of the Nottoways, It is Ordered that Henry Morris be sent to the Cherokees to demand the two Nottoways by them carried away last fall from Roanoak, and also to demand justice on the Murtherers for the Murther of the three Nottoways by them kill’d at the same time & place.

Ordered That it be an Instruction to the s’d Henry Morris to make Enquiry among the Catawba’s after two Delaware Indians the Sons of Capt. Hill, by them taken Prisoners at Hohio ab’t six years ago, as the Gov'r of Pennsylvania by his Letter to the President, now read, does sett forth & desire.

James Willeroy recom’ended by the Court is appointed Inspector at Williams’s Warehouse in K. Wm. County during the Incapacity of James Macon, Gent.

Ordered That a new Com’ission of the Peace do issue for the © County of Goochland with the Addition of Sundry New Mem- bers recommended by the Court, but in the Order here regu- lated.

Ordered, That a New Commission of the Peace do issue for the County of Northumberland with the Addition of Cuthbert Spann, John Foushee & George Ball, Jun’r, Gent’n, they being recommended by the Court for Justices.

Order’d, That a New Commission of the Peace do issue for the County of Prince William, and that William Fairfax, Esq., be first in that Com’ ission; and that an error in a Name in the former Com’iss’n be now amended by incerting Daniel Tebbs instead of Tilby.

Present: Mr. Secretary. : On Consideration of the Petition of Mr. John Coles,' Mer-

‘John Coles, a native of Enniscorthey, Ireland, was a merchant at Richmond, Va., and lived in a house still standing as part of the Monte Maria Convent on Church Hill. He accumulated a large estate. His will was proved in Henrico March, 1747-8, and his legatees were his wife Mary, sons Walter, Isaac and John, and brother William. Among

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VIRGINIA COUNCIL JOURNALS. 115

chant, setting forth that he had purchaged a large quantity of Wheat to the Value of £1500. o. o. Sterl’g, with intent to ship ‘the same on board the Joanna & the Murdock to great Britain; That the Joanna was lost in the British Channel coming out, & the Murdock by the Ice here in James River rendered unfit to proceed on her intended Voyage; That he cannot on any Terms procure freight for the same to Britain, but that he has the Offer of a Vessell to Lisbon, and that unless he be permitted to send the same thither he is in danger cf utterly loseing the said Wheat as it is a decaying Com’odity & will soon become of no Value. That he is informed this Hon’ble Board have laid or intend to lay an Embargo on all Ships carrying Provisions out of this Colony untill Security be given that the same shall be carried to Great Britain or some of the British Plantations in America. That he humbly conceives the design and intention of such an Embargo must be to prevent the Spanish Fleets & Settlements in the West Indies from being supplied with Provi- sions during the present War. And that the carrying of Wheat to Lisbon can not be any prejudice to his Majesties Service, but y’t the Petitioner must be a great Sufferer unless permitted to send it thither.

And praying that his Case may be excepted, and that he may be permitted to send the said Wheat to Lisbon, he being ready to give security for the landing it there or in some part of Great Britain.

A Debate arose hereupon.

And the Question being put it was carried, that in the present Circumstances all proper precaution was necessary to prevent Supplies coming to the Enemies, and that the private Interest of the Inhabitants here must give way to the public Good, and that there was reason from private advises to believe there is now an Act of Parliament disallowing such Exportation. And therefore that the Petition can not be granted. /

Order’d That it be rejected.

his descendants were Edward Coles, Governor of Illinois, and Isaac and Walter Coles, members of Congress from Virginia. For notes of the Coles family see this Magazine, Vol. VII, 101, etc., 326, etc., 428, etc., Henrico Parish Register, 177, 178.

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A Letter from Admiral Vernon being now read at the Board advising the Arrival of three large Squadrons of French and Spanish Men of War in the West Indies, who, he thinks, rely on being supplied with Provisions from these Parts, either imme- diately from the French Ports before we may come to a Rupture with them, or from Statia or Curascoa afterwards; And the Admiral recommending it as most material for his Majesties Ser- vice, that no One be permitted at this Critical Juncture, to clear out without giving Sufficient Security not to land his provisions at any French or Dutch Settlements, or any other but his Majesties Colonies; where all they can raise will probaby be wanted for the subsistence of his Majesties Troops. On receipt of which the President immediately issued his Commands to the Several Nav’! Offi’rs to act conformedly till a Council could be had, and they should receive his further Orders thereupon.

On Consideration whereof it is now Ordered, That no Naval Officer in this Colony do clear, and they are hereby in his Majesties Name charged & requir’d not to clear any Ship or Vessell trading in Provisions without first taking Bond and sufficient Security (having regard to the Value of the Cargo) not to land the same at any French or Dutch Settlements, or any other but his Majesties Colonies, and to return proper Cer- tificates from the Port in the usual time allowed, of their having so landed them.

Ordered That a New Commission of the Peace do issue for the County of Hanover, and that several New Members of those recommended by the Court be added thereto. Vid. ad finem.

The Acco’t of Contingent Charges; as also the Acco’t of Work done at the Gov’rs house, were now settled & allowed.

A recommendation from the Court of Orange for the Remis- sion of some Fines by them imposed is rejected. No Reason being by them assigned for such Remission.

The Petition of Penelope Floyd for the Remission of a Fine laid by the Court of Charles City is rejected.

The Consideration of the Petition of the Vestry of St. Marks in Orange County praying the Direction of the Council with regard to the Poor of the New intended Parish of St. Themas,’

~ *The parish of St. Thomas was formed out of the parish of St Mark, Culpeper, by Act of Assembly May, 1740. By Act of Assembly Novem-

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already separated from St. Marks, but not yet erected into a Parish of themselves, is postponed until after the Oyer & Ter- miner Court.

As also the Petition of the Inhabitants of the New intended Parish of St. Thomas praying to be Erected into a distinct County from Orange by the name of the County of Frederick* as by Law directed, they conceiving themselves to have now a sufficient Number of Inhabitants for that purpose, who are greatly distressed by reason of their distance from Orange Court, is postponed to the same time.

The Petition of Alex’r Ross & John Littler praying an Order for 1000 Acres in the intended County of Frederick to Entitle

them to the pre-emption thereof when the Land Office there is

open’d, if it shall be found to be King's Land & not within the Grant to my Lord Fairfax, and alledging several reasons for s’d Order; the Consideration thereof is likewise postponed to the same time.

The Presid’t communicated to this Board a Letter from Gov’r Clarke acknowledging the receipt of a Bill of Exch’ge £:00 Sterl. drawn by John Grymes, Esq’r., in fav’r of P. Livingston, Esq’r., for his Acco’t of Presents to the Indians.

Also a Letter from Gov’r Ogle acknowledging the favour of the Presid’ts Notice to him of Our Embargo & of the Stay Capt. Loyd had agreed to make.

Also a Letter from S’r Yelverton Peyton‘ with his handsome Excuse for not going to Piscataway to convoy hither the two Mast Ship as desired by this Board the 25th of Feb’y last.

ber, 1738, the counties of Frederick and Augusta were formed from Orange; but the two new counties were not to be regularly organized until the Governor and Council should consider there was a sufficient number of inhabitants. ( Hening, V, 78, 96.)

*For account of the organization of Frederick county see Morris’ Lower Shenandoah Valley.

*Sir Yelverton Peyton, Captain R. N., was for some time on the Vir- ginia station. He was assumed, in England, to have inherited the baronetcy upon the death of a cousin in 1721, but the true inheritance was in the line of his uncle Robert Peyton, who had settled in Glouces- ter county, Virginia. Sir Yelverton Peyton died October to, 1748.

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Also a Letter from Pres’t Bull giving an Acco’t of the dread- full Fire which happen’d lately at Charles Town.

Also a Letter from Peter Leheup, Esq’r., giving his reasons for not presenting the Addresses for the Liberty of free impor- tation of Salt hither, at present. And another praying a Con- sideration for his Services in relation to the Northern Neck Affair; which is made up to him in full of the Gov’rs promise, in the present Acco’t of Contingent Charges.

[DocuMENTs.

A Copy of Mr. Lynch’s Letter to the President referr’d to

May 5, 1741:

May 2d, 1741. Sir. Understanding that Lately a Council has been Held concerning Mr. Gooch’s and my affair, that they were divided about it, and that it is likely many disputes may arise Between us Unless otherwise avoided, for preventing of which, I am willing to agree (as there have been Several Repre- sentations made of it), That it may rest until his Majesty’s further pleasure be Signified about it, which I am of Opinion will be Shortly done: and I rely on the Entry in the Council Journal (To which Mr. Gooch Assents) that the Profits of the place are Sequestered ffrom that Day, to go to the Person in whose ffavour his Majesty Shall determine, Hoping that in Case it be in my ffavour, and it Should happen I Should not live to receive it, my Present Concession to lett all rest till his Majestyes further pleasure be known: may be no prejudice to my Execu- tors, but that they may receive the Profits of the place to the time of my Death: As this I think is just and reasonable and ffairly Deducible from the Sequestration agreed on, I hope Your Honor in Concurrence with the Gentlemen of the Council will in that Case have all.due regard to my ffamily: In Confi-

~ dence of which I rest the matter, and Shall with pleasure wait

his Majestyes Determination. Iam Your Honours most obedient Hum. Servant

HEAD LyNcH.

Superscribed ffor the Honourable James Blair, Esq’r., These.

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A Copy of Writing from the Cheraukees rec’d Jun 11, 1741. Hawassy, March ye 25th, 1741.

The Cheraukee Indians answered to the proposials made by Northern Indians in order to Confirm a Lasting Peace Retwees the Said Indians (as ffollows):

That Since there has been Mischeif done by Some of the Cheraukee Nation to the Loss and Prejudice of those to the Norward they begg to be Excused Sending Deputies thither because they do not Yet know by what means they must make up that Breech and Least it Should be by delivering those by whom the Mischeif was done or as many as were concerned in it, for if, So they fear that while they are in that Height of Pas- sion as is reasonable to beleive they must be if they Should Send Deputies the innocent would Suffer and therefore they desire that one or two of those Persons Injured would go to their Nation and Demand a Sattisfaction that is no more than Just and will readily Comply. And in order for a future Security and Lasting Confirmation of that Peace they will send 8 or tenn of the Head men to Albany to meet his Honour the Gov’r of New York & perform what he has Promised on their Parts.

At a Council held at the Capitol, May 5th, 1741.

PRESENT: The Hon'ble James Blair, President. Willian Byrd John Grymes Cole Diggs John Custis John Robinson William Randolph John Carter John Tayloe &

Thomas Lee, Esq’rs.

The following Petitions for Land were granted. Viz’t. (For the Bounds of any of these Grants see page 2 & 3 from the End, At the Number here prefixed.)

Acres. 1. John Jones, 1500 in Amelia. 2. John Nash, 2000 Do.

3. Jones, Watson & Cobbs, 3000 Do. 4. Watson & Cobbs, 2000 Do.

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Colo. Jno. Allen,

. John Bolling, . Twitty & Watson, . John Sears.

Do.

. Jefferson & others,

350 Isle of Wight. 1000 in Goochland.

(Pet’r Jefferson, Charles Lynch and Ambrose Joshua Smith.)

II. 12. 13. 14. 15.

Charles Irby,

Perry & Blackmore, Edward Clark, Arthur Hopkins,

Thos. Watkins, Jun’r, . Sam’l Pinsham, . Clough, Raglin & Pettus, . Isaac Morris,

. Hudson & Moseley,

Do.

. James Wood, . Wm. Stone to

include with,

. Wm. Tisdale,

Obadiah Woodson,

. Sam’! Willis, - Wm. Thompson to

include with,

. James Pittillo, . Thomas Avent, . John Ellis.

. Darby Quin,

. Wm. Gay to

include with,

. John Clark,

. John Coles,

. Thos. Bassett,

. Walker & Bolling, . Hudson & Wathen, . Thos. Oakley,

. Stanton, Lovell & Watts,

5000 Brunsw’k. both in 4000 Aug usta. 15000 Brunsw’ k. 4000 Do. 3000 Do. 2000 Do. 3350 Goochl’d. 1000 Amelia. 600 Do. 12000 . Brunswick. 1300 =in Amelia. 6000 \ both in 6000 Brunswick. 3000 Augusta. 800 \ in 700 Amelia. 800 Do. 1200 Goochl’d. 1500 Amelia. 400 \ Prince 1000 Geo. 1200 Do. 2000 Surry. 1200 Amelia.

800 Orange. 125 Goochl’d.

3000 Brunsw. 5000 Do. 3000 Goochl'd. 1500 Pri. Geo.

6000 Brunsw. 1600 Henrico. 6000 Orange.

Granted if not within the Controverted Bounds.

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VIRGINIA COUNCIL JOURNALS, 121

Jacob Stover’s Petition for 3000 in Orange on So. Bra. of Sherrando, beg. 14 Mile below the naked Creek on both Sides the River is referred to another day on a report of the death of the Petitioner.

Alex’r Stinson his pet’n for 12000 in Goochl’d is rejected as the Petion’r is not known to any of this Board, & therefore thought too much fur so obscure a person.

Andrew Leprades Pet’n was read praying a Grant of 800 Acres in Henr’o as Lapsed from Jno. Lavellin after patent obtain’d; and of 400 in said County which the Pet’r obtain’d on Order of the Gen‘l Court the 2d Nov’r, 1732, for the quiet pos- session of till after the Expiration of 12 Months after the then Def’t Rachel Countesse Infant shall attain her full Age of Twentyone years, it appearing to the Court that the Pet’r then Compl’t had bought the same of Lewis Countesse father of s’d Rachel in his Life time, but was not legally conveyed.

On Consideration whereof it is Order'd that the Said Petition be suspended till the Said Rachel shall come of Age, and till the Pet’r make it appear that he obtain’d an Order of the Gen’l Court for the afores’d 800 Acres as lapsed from Said Lavellin.

The Pet’n of Peter Jefferson & others for 40,000 Acres in Goochland on Black water Creek is rejected as being judged too great a Grant to what is already granted the Pet’rs.

The Consideration of the Gen’! Assembiy as it stands bial from the 23d of last Month being now again resumed It is Con- sidered that as it has continued ye usual time & as there may be difficulties in continuing it it is proper to have a new Elec- tion before another Session; but that there is no pres’t Occasion for an Assembly in View.

The following Warrants on his Majesties Rec’r Gen’l were now signed by the President, viz’t:

One the Revenue of 2s. p. hhd., &c.

A Warrant for half a Years Salary End’g 25 April last, to the President, for ye Use of my L’d Albemarle & himself... .. £1000 im for same % Year to the Council: 300 m To the Judges &c. of a Court ot O. & Term’r . 100

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‘9 To the Auditor of the Plantations... 50 To the Sollicitor of the Virg’a Af-

To the Clerk of the Council......... . 50 ns To the Ministers attending one

for 44 Y'rs Sal’y to the Armourer.. 6—-

es Do. the Gunners of the Batteries .. 23 10 Oo a For repairs done to the Gov’rs

For Contingent Charges......... 243°

For Y’rs Salary to the Adjutant. 5

£57

And on the Revenue of Quit rents, viz't: A Warrant for -'4 Y’rs Salary to the Commis- for Do. to the Attorney Gen’l....... 3-

Ordered That Rights issue for £500. Value.

At the Instance of Thomas Harris Inspector Robt. Good, being recom’ended by the Court of Henrico, is appointed Inspector at Warwick in Said County, during the inability of Said Harris.

The President desiring to know in what manner he should comply with the desire of the Lords of Trade in relation to the sending them Copies of all our Laws now in force, It is the Opinion of this Board that as all our Laws have been lately care-

_ fully collected & printed’ here, and the Work Examined &

corrected by the Clerk of the House of Burgesses, that a printed Copy thereof will fully answer the Intention of their Lordships; after they shall be marked with a pen which of them have had the Royal Assent, which the King’s Attorney is hereby desired to do.

5This probably refers to Mercer’s Adbridy ment (1737) and the Con- linuation, printed in 1739.

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The President communicated to the Board a Letter he lately received from Mr. Lynch; which was read, being in the follow- ing Words, viz’t:

(See at the End, p. 4.)

At a Council held at the Capitol, June gth, 1741.

PRESENT: The Hon’ ble James Blair, President. William Byrd John Grymes Cole Diggs John Custis - John Robinson Wiliam Randolph John Carter. John Tayloe

Philip Lightfoot & Thomas Lee, Esq’rs.

On reading a Petition from Sundry Merchants & Inhabitanis of the Burrough of Norfolk, Hampton & adjacent places pray- ing relief against the Spanish Privateers, now ari bn Depre- dations near the Capes,

Ordered, That they attend this Board to-morrow, with an Estimat of the charge of fitting out a Vessel for three Months, together with their Opinion of what Vessel may be had, & how men can be provided, and a proper Officer to command her.

On reading a Letter from S’r Yelverton Payton, Bar’t of his Maj. Ship the Hector of the 3d Instant, lamenting the depreda-

tions lately committed & the impending danger to our Trade at.

this Critical juncture (the Hector being then unfitt to go to Sea till he had repaired the damage by thunder, slie had lately sus- tained) and advising as absolutely necessary that a Sloop be fitted out to Cruize on the Coast, and offering to supply her with forty able hands & a proper Officer if such Vessel can be got ready in two or three days, & provided, she may return in ten or 12 days at farthest, at which time he should want them himself to go to Sea.

It is the Opinion of this Board that the Presid’t write a Letter to S’r Yelverton to excuse the taking any men from his Maj’s Ship, which might have ill consequences in other respects, and would straiten the Design in point of time.

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The Council being informed that Robert Dinwiddie,® Es’q., Surveyor General of the Customs in the Southern District of America attended below to be sworn of the Council here, sent their Clerk to him to desire him to come in and produce his Letter, and be sworn accordingly. And the Said Dinwiddie coming in produced only his Commission to be Surveyor Gen’! aforesaid, and being askt if he had a Letter directing his being admitted of the Council he answered he had given the Gov’r a Letter when he first produced his Commission to him, and was Sworn'thereto, not in Council, but before the Gov’r. But that by an Instruction to the Gov’r he was by virtue of his Office to be admitted of the Council. This Board being unacquainted with the Said Letter, and desiring to see the said Instruction took time to consider thereof, and the said Dinwiddie w’ thdrew.

Then the Council directed their Clerk to wait upon Mr. Gooch and desire that he would Search among his Fathers Papers for the Said Letter & for the Instruction and to have them ready against tomorrow.

The President laid before the Board a Letter he had rec’d the 21. Ult’o from Govern'’r Johnston which was read, dated the 4th of May last inclosing an Affidavit of Capt. Miles Gale of Eden- ton Mariner giving an Account of the taking of two Sloops a little without the Bar of Ocacock the 27th of April last, by two Spanish Privateer Sloops, which are daily to be seen off the Bar. The Gov’r informing that all their Vessels that go out over that Bar are loaded with provisions and Naval Stores, and hoping that, as they have no Ship of his Majesties to defend them, nor any Vessel of force in the Province, the necessary Orders will be given from hence to the Captains of the Men of War on this Station.

The President communicated likewise a Letter w’ch he rec’d the 7th Inst’t from the Gov’r of Pennsylvania w’ch was read, dat’d 22 May last inclosing the Depositions of four Mariners late

6 Robert Dinwiddie, afterwards Governor of Virginia, was appointed on April 11, 1738, Surveyor General of the Customs for the Southern Parts of the Continent of North America. By order of the Board of Trade May, 1742, he was given a seat in the Virginia Council.

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VIRGINIA COUNCIL JOURNALS. 125

of the Ship Brunsdel of Whitehaven, John Simpson Mast’r taken the gth May last by a Spanish Privateer about Six Leagues from Cape Charles mann’d with 130 Men, who had w’th them a prize Sloop taken the day before, that on the 11th She took the America of Glasgow Robt. Richie, and a Sloop from Virg’a laden with pork & corn, Johnson Master, and on the 13th she took a Sloop from N. Carolina, with Pitch and Tar w’ch she gave to the Prisoners, among whom the Deponents who learnt that 3 more Priv’rs came out w’th: this to cruise on this Coast. The Gov’r represents the danger the Provisions for the Fleet & Army in the West Indies contracted for in that place will be in of falling into the Enemies hands unless the Ships upon this Station shall extend their Cruise to the Capes of Delaware, as Capt. Warren is w’th Adm’r Vernon & Capt. Peirce under Orders to convoy some mast Ships to England.

At a Council held at the Capitol, June roth, 1741. -

PRESENT: The Hon’ble James Blair, President. William Byrd - John Custis Cole Diggs William Randolph John Carter John Tayloe & John Grymes Thomas Lee, Esq’rs.

The foliowing Sheriffs were appointed, viz’t: For Henrico—Richard Royal.

King William—Francis West. Surry—John Cargill. Orange—Richard Winslow. Princess Anne—Nathaniel Newton. Prince William—John Diskin. Westmoreland—Thomas Chilton. Northumberl’d—Robert Jones. Goochland—George Carrington. Amelia—Thomas Tabb. Prince George—Isham Eppes. Charles City—Francis Dancy. James City—Richard Taliaferro.

126 VIRGINIA HISTORICAL MAGAZINE.

Warwick—Henry Wythe.

Gloucester—Matthew Whiting.

Stafford—Richard Bernard.

Caroline—If Mr. Taliaferro who has held it but one year decline then Lawrence Battail is appointed.

Spotsylvania—John Taliaferro.

Northampton—Thomas Marshall.

PRESENT:

John Robinson & Philip Lightfoot, Esq’rs.

Ordered That the Clerk of Goochland return to this Board a List of all the Justices appointed, that do not accept of the Office at the next Court after Notice given them; and that the Sheriff give them all Notice of this Order. |

The Same Order with the above is Ordered for Hanover.

Ord’d That John Henry, James Skelton, John Bickerton, William Winston, Jun’r, and Charles Barret be added to the Quorum, and Sylvanus Morris added to the Com’ ission of the Peace for Hanover.

Ord'd That Charles Barret and John Snelson be appointed Coroners of the County of Hanover.

Order’d That a new Commission of the Peace issue for King George County, and that James Macon, John Moore, Richard Pryan, Adam Reid and James Strother be added thereto.

Aaron Quarles is appointed Inspector at Quarles Warehouse in King William in the room of Richard Gregory who resigns.

The Council being informed by their Clerk that he had according to their Order waited upon Mr. Gooch and acquainted him with their Hon’rs desire to see the Letter mentioned by Mr. Dinwiddie as by him given to the Gov’r when he produced his Commission to him to be Surveyor Gen’l. And also the Instruction relating to the admitting such Officers of the Council; but that upon a diligent Search neither the said Letter nor Instruction could be found; It is the Opinion of this Board, That if Mr. Dinwiddie can produce any Letter or Instruction for admitting him of the Council, The President may Swear him in; but as neither his Letter nor the Instruction can as yet be found, they cannot advise it at this time.

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On Considering at this Board the Letters from the Gov’rs of Pennsylv’a & North Carolina with the Accounts of Sundry Ships & Vessels lately taken by Spanish Privateers on this Coast; And a Petition of Sundry Merchants now attending & Inhabitants of the Burrough of Norfolk, Hampton & adjacent places, setting forth that their Trade & Navigation is very much retarded & in danger of being intirely stop’d by the Depredations & daily Captures made by Spanish Privateers all along the Coast, and some of them in or near the Mouth of our Bay. And consider- ing the Sad Consequences of having so many Ships & Vessels fall into the hands of the Enemy, severall of them being Loaded with Provisicns and Naval Stores.

And for preventing as much as in us lies any future Depreda-

tions irom them, and to secure the Maritime parts of this Colony from their Insults. It is the Opinion of this Board, and accord- ingly . Ordered, That Two Sloops be taken up & impressed for his Majesties Service, And the Defence of this Colony & the Trade thereof, as private Sloops of War to an’oy the Enemy as Occa- sion shall offer; and that they be kept in the Said Service for three Months and no longer.

‘That Alexander McKenzie, John Hutchings and Robert Tucker Gentl’n be appointed Commissioners for the fitting out the Said Vessels and conducting the Affair according to the Instructions they shall from time to time receive from the Presi- dent.

That the said Commissioners have power to impress the said Sloops, and have them valued by such persons as they shall appoint.

That the Commissioners have the said Sloops compleatly fitted out for the purpose of Cruising in a Warlike manner on the Coast.

That they be furnished with powder, Bullets and small Arms out of the Magazine; and that they be impower’d to borrow or hire Great Guns or any other necessary (as they see Occasion) to be valued by such persons as they shall appoint, and to have Iron Shott made if not to be had more readily.

That the Said Sloops be manned with not less than Sixty men_ each, nor more than Seventy, including Officers.

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That a Proclamation issue to invite Saiiors into the Service on the Encouragements in the late Act of Parliament and his Maj’s Proclamation issued thereupon, & on the further Encourage- ment of forty Shillings p. Month Pay, for the time of their Inlisting. That the Commissioners impower'd, if need be, to impress men, by themselves or those commissioned by them.

That the Commissioners do recommend proper Officers to the President, who is desired to give Commisssions as to private Ships of War, according to the late Act of Parliament and his Majesties Proclamation thereupon.

That One of the Captains be Commodore and have the direc- tion of the other when at Sea.

That the Commissioners be impower’d to give Orders & Directions to the Captains of the said Sloons; And that the said Captains do observe all such Orders & Instructions as they shall from time to time receive from them. .

That the hire of the said Sloops be not exceeding fourteen Shillings Cur’t Money p. Ton p. Month. That all damage they shall sustain be made good to the owners, and that if the said Sloops or either of them be lost in the Service, the Owner shall be paid according to the Valuation before directed.

That the Commissioners Victual the Sailors in like manner as on board Merchant Ship, cr otherwise if necessary.

That the whole Expense of this Affair be paid by John Grymes, Esq’r., his Maj’s Rec’r Gen’l out of his Maj’s Revenue of 2s. p. hhd.

That the Armourer gett 150 Muskets, 150 p’r of Pistolls and 150 Bro’d Swords in readiness in a Week,.and all the rest with dispatch afterwards.

That in all Difficulties the Commissioners apply to the Presi- dent and take his directions.

That in Case any prize be taken they be condemned & Shared according to the late Act of Parliament for the more effectuall securing & encouraging the Trade of his Majesties British Sub- jects to America, & for the Encouragement of Seamen to enter into his Majesties Service; and according to the Directions in his Majesties Proclamation issued thereupon for dividing the same among the Officers & Sailors of any of his Majesties Ships

of War.

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VIRGINIA COUNCIL JOURNALS. 129

That the Commissioners give publick Notice of the times of the Sailing of the said Sloops, that the Ships then ready may have the benefit of their Convoy off the Coast.

Ordered, That the Receiver General do send for fifty Barrels of Gunpowder, to furnish the Magazine.

And that the President in the Name of the Council do make Application for his Majesties favour & Bounty to this Country in sending us a Supply of Arms & Ammunition for the Defence of this his Majesties most antient Colony.

The Petition of Mrs. Alice Needler Widow was read, setting forth that at the time the Pet’rs late husband Benj’n Needler, Esq’r., was appointed Clerk to this Hon’ble Board, the Books & Papers relating to the Proceedings before this Board were in great disorder and confusion and the Journals & Orders for several years not Enter’d up in the proper Books. And that her said late husband had made some progress in Entering up the said Orders, and making an Alphabetical Index for the more ready ‘finding some others, in pursuance of a command he received from this Hon’ble Board to draw up & transcribe such Orders and Journats as he found had not been done by his Pre- decessor. Aud praying that such allowance may be made her as shall be thought reasonable.

Ordered, That the Consideration hereof be referred to Philip Lightfoot, Esq’r., and that the Clerk of the Council do attend him with the Books and shew the Service done.

The Petition of John Hutchings Gent being now read praying that his Contract for Sterling Money for the hire of Shipping to transport the Forces raised for his Majesties Service last year to Jamaica, which he had fully performed might be paid him in the Cur’t Money of this Country at the real difference of 25 p. Cent;

The Consideration thereof is referred till the Gov’r shall return.

On the Caveat Ent’d by Fra’s Thornton ag'st Benj’n Berry- man, the last Summons not being return’d,

Ordered, That a New Summons issue.

On the Caveats Ent’d by Rich’d Ward ag’t John Mullins & Rich’d Randolph, for 496 Acres on Appomattox, after a hearing of the Parties It is .

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Ordered That the said Caveats be discharged & that the said John Mullins have a patent tor the Land.

On the Caveat Ent’d by John Watson ag’st John Towns for ah’t 800 Acr. on little Roanoak in Brunswick,

Ordered That the said Caveat be discharged, & that the said Towns have a Patent for the Land.

On the Petition of Robert Armistead Gentle’n, one of the Execut’rs of Judith Butts Wid’w dec’d Setting forth that the said Judith in her last Will and Testam’t had enjoined her Execut’rs to apply to this Hon’ble Board for Leave to sett free a female Slave named Lilly, aged about Nineteen Years, of which the Said Judith died possessed, the said Judith having had a great regard for her the said Lilly, on Account of several very acceptable Services done by her for the Said Judith; & praying that She may be sett free accordingly.

Ordered, That Leave be granted to manumitt & Sett free the Said female Slave named Lilly, according to the Will of the Said Judith Butt dec’d and the prayer of the Petitioner.

Order’d That a New Commission of the Peace do issue for the County of Henrico, and that Peter Randolph, Benjamin Harris and John Coles Geat’n be added thereto; And that John Redford, John Powel Cocke, Thomas Branch & Joseph Tanner Gent’n be left out of the Said Commission, they having refused to act.

Ordered, That a New Commission of the Peace do issue for the County of Amelia, and that William Clement, Samuel Tarry, William Archer, Hezekiah Ford, William Booker, Henry Childs & Wood Jones be added thereto; And that Rich’d Jones, Henry Anderson, Robert Tucker, Thomas Jones, Francis Anderson & Rich’d Clarke who have refused to qualify, and John Dawson & James Branch who are dead, be left out of the Said Commission.

[TO BE CONTINUED. ]

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VIRGINIA COLONIAL RECORDS.

(From the Virginia Manuscripts in the Library of Congress.)

(CONTINUED. )

THe Privy CouNCIL TO THE GOVERNOR AND COUNCIL OF VIR- GINIA, APRIL 28, 1623.*

After our hearty Commendations, his ma’tie haveing upon div’rs informacons presented unto him, taken into his gratious consideration the present estate of the Colonyes and planta- tions in Virg’s and ye Bermoodies or summer Islands, hath soe farr extended his Royall care both for the Redress of that which is Amiss, and for the establishing of fitt directions and orders for the future, whereby all indirect courses misunder- standings, and dissentions may be prevented as we doubt not but that the effects thereof will both advance the publique, and also Redound to the perticular contentment, and benifitt of every honest person, who is anyway interested in that cause,

*The papers which are dated in 1623 all relate to the finally successful effort to dissolve the Virginia Company. The first move, as regarded the Colony, was the letter which is the first printed here. It was intended to quiet any apprehensions which might arise during the course of the attack on the Company. The second paper refers to the rejection of the proposed tobacco contract, while the third announces the appointment of several commissioners to examine conditions in Virginia. The fourth document is the order of the Privy Council directing the surrender of the Charter of the Virginia Company. This order is printed in Brown’s First Republic, 550-552, and is there dated October 18th.

The fifth paper contains the action of the Privy Council when the representatives of the Virginia Company appeared and asked further time for consideration. The last paper, dated 1621, is the one dated by Brown October 30, which is also intended to quiet excitement and apprehension in regard to threatened alterations in the Virginia Com- pany. The memoranda from the Bland MSS, printed in the last Maga- zine, 26-30, cover the same period of time as the first six papers pub- lished here, and refer to the same affairs.

132 VIRGINIA HISTORICAL MAGAZINE.

which we have thought fitt to signifye unto you to the end that there be noe discouragement taken, or apprehended by any loose advertisements from any persons proceeding from * * * or private ends, but that you comfort yourselfes in at- tending the fruits of that good worke w’ch by his Majesties express Commands, are now in hand, And we doe therefore require, and in his Majesties name strictly charge you to live together in that Concord, united and joynt care of the Com- mon good of that plantation, which becometh the Undertakors of such an action the subjects of such a King, and the profes- sors of one Religion, And whereas wee are informed by those who were not long since eyewitnesses, that neither your for- tifications, houses of habitation, nor provision of victualls are cared for in such sorte, as they ought, wee connot but let you knowe how displeasing it is to his Ma’tie to heare of these things, And w’th all require you to be more carefull for your- selves, and the good of the plantation hereafter, And soe wee doe bid you heartily fairewell, ffrom Whitehall this 28th of

Aprill 1623. Your Loveing ffriends Middlesex

C: Cant. Ha: WINTON

T: EpMuNDs Jo: LINCOLNE

Jo: SuCKLING Cesar

Jo: MANDEVILL GEO: CALVARD

Jo: DICKENSON : To the Govern’r Councill & Colony of Virg’a

OrperR OF Privy CounciL IN REGARD TO VIRGINIA, APRIL 28, 1623.

The letters of the Virg’a and Sumer Island Companyes be- ing this day perused, were disallowed for that they did not pursue ye former directions by this board which was to cer- tifye in their letters to the plantations, his Maj’ties great grace and favour towards boeth the plantations. And whereas a contract was formerly made, whereby his Majestie should have one third part of all the tobacco Comeing from thence and alsoe sixpence upon pound of the other low parties, with

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divers other causes in the said contract mentioned, Now that their Lordshipps upon such debates did find that the Contract did proceed in that manner as was agreed, it would tend to the utter overthrowe, and Subversion of the sd plantations, They did therefore think fitt, and accordingly order, that the con- tract afforesaid concerning tobacco should forthwith be dis- solved and for the better encouragement of the planters it was declared that although there was formerly answered twelve- pence upon the pound to the King, yet his Majestie would be now pleased onely with ninepence upon the pound to be an- swered to him for all charges whatsoever belonging unto his Maj’tie & did also order that every of the planters, whoe did lately send any tobacco hither into England, shall have the same delivered unto them, paying this ninepence the pound to the King, And moreover their Lordships finding that to grant the said Companies the Sole importacione of tob’o into this his Ma'ties Dominions, would greatly advance those plan- tations had accordingly mooved his Majestie therein whoe was gratiously pleased therewith soe that all the tobacco, alwayes of those plantations be brought hither into England, to whica purpose an Act of Councill was heretofore made of these things their Lords’ps expected that publique notice should have bin given to boeth the Companyes here, as alsoe to have advertised the same by their generall letters to the planters there for their better encouragem't and Comfort.

Ex: Jo: Dickerson:

At Whitehall the 28th of Aprill, 1623:

Pres’t, Lo: Treasurer Mr Controuler Lo: Bys’p of Winton: Mast’r of ye Roles Lo: Archbyshop: Mr Treasurer Lo: President Mr Secr. Calvert

Acts of Councill touching the Virg’a & Summer Islands Companyes Concernes, the Contract & ve Letters.

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Privy CoUNCIL TO THE GOVERNOR AND COUNCIL OF VIRGINIA, Oct. 24, 1623, ANNOUNCING COMMISSION OF Harvey, &c.

After our heartie Commendacons, Whereas wee have thought fitt to appoint John Harvie Esq’r John Pory, Abra- ham Persey Samuell Matthews, and John Jefferson Gentle- men, to make perticular and dilig’t enquiry touching divers pticulars, which concerne the State of that plantacon, where you remaine. To the end they may the better performe the order they have received from us, & discharge the trust Com- mitted unto them, wee doe hereby will and require you to yieid them the best aide and assistance upon all occasions, and in all these things wherein they shall find cause to use the same, to the end afores’d. And soe wee bid you heartily fairwel!: ffrom Whitehall the 24th of Octob’r 1623:

Your Loving Friends

T: EpmMuNDs: C: Cant RicH: MULLENOoR Jo: LincoLNE Jo: Carew Jo: MANDEVILL Jo: DICKENSON. Gero: CALVERT

To the Govern’r & Councill in Virg’a

ORDERS OF THE Privy CoUNCIL IN REGARD TO THE VIRGINIA Company, Oct. 4, 1623.

This day the Deputie and divers of the adventurers & Com- pa. of Virg’a were called to the board, unto whom their Lord- s’ps delivered that his Majestie haveing taken into his Princely consideration the destressed estate of that Colony, and plan- tation, occasioned as it seemed by miscarriage of the govern- ment in that Compa. which cannot well be remedyed but by reduceing the government into the hands of a fewer number of Govern'rs neer to those that were in the first Patents of that plantation But especially to be provided, that the interest of all adventurers and private persons whatsoever shall be pre- served and Contained as they are, hath therefore resolved 2

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VIRGINIA COLONIAL RECORDS. 135

new Charter to appoint a Govern’r and twelve assistants res‘- dent here in England, unto whom should be Committed the

Governm’t of that Compa. and Colony, which Govern’r and assistants his Majestie will be pleased to nominate and make

choice off, the first time, and afterward the election of the Govern'’r to be in this manner viz: the Assistants to present the names of those to his Majesty, of whom his Ma’tie will be pleased to nominate one to be Govern'r and the assistants to be chosen by ye greater part of the Govern’r and assistants for the time being The names of them to be chosen being first presented to his Mayj’tie or this board, to be allowed or dis- allowed by his Ma’tie And the Govern’r and six of the As- sistants to be changed [?] once in two years, And his Maj’tie is pleased that there shall be resident in Virg’a a Govern’r and assistants here resident, they presenting the names to his Ma’tie may allowe or disallowe of the same, And as the Gov- ern’r and assistants resident in Virg’a shall have dependance and relation to the Govern’r & assistants resident here, soe the govern’r and assistants here shall have dependance & relacon here on this board, whereby all matters of importance may be directed by his Ma’tie at this Board, And that in the same Charter his Ma’tie purposed to make the like grants, as well of Lands, as of ffranchises, and other benefitts, and things as were granted in the form’r Charter, with declaration that for the settling and establishing of private interests of all men, This new Compa. shall Confirme or newly grant unto them the like interests, as they enjoye by grant order or allowance of the form’r Compa. And the Deputy & others of the said Com- pa. were by their Lordships required to Assemble a Court on Wednesday next, therein to resolve whether the Compa. wil! be contented to submit & surrend’r their form’r Chart’r and accept of a new Charter with the ‘alterations above mentioned, and to return their answers with all expedition unto,this board, His Ma’tie being determined in default of such submission to proceed for the recalling of the said former Charters in such sort as shall be just.

Whitehall the 4th of Octob’r 1623

136 VIRGINIA HISTORICAL MAGAZINE.

PRESENT Lo: Keeper Lord Chichester Lo: Presicent Mr Sec: Calvert Lo: Vic: Grandison Master of the Roles

Lo: Carew:

Their Lor’ps ffirst Order the 8th Octob’r 1623.

ORDERS OF THE Privy Councu. IN REGARD TO THE VIRGINIA CoMPANY, Oct. 17, 1623.

This day the Deputy and others representing the bodye of ye Virg’a Compa. did in conformity to the ord’r they had rec'd, exhibit at ye Board their answer to that, which accord- ing to his Ma’ties pleas’r their Lords’ps hath both propounded unto them viva voce and alsoe directed by an act of Counciil dated the &th of this moneth whereof a Coppy was deliverea them, in which doth manifestly appeare his Maj’ties gratious intentions, and Royall care of the plantation both generally for the point of government and perticularly for the Concerneing of every mans private interest. Now for as much as the said answer is meerly delatory, the s’d Deputie and the rest pre- tending thereby that by reason of a Limmitatio in their Patent, they may not handle matters ef that nature & weight, but at a quarter Court which not be untill the 19th of November next, Their Lords’ps being noe wayes satisfyed with this pretence, and considering his Ma’tie expecteth a speedy acco’t of the proceedings in this business which alsoe in itselfe, requireth all expedicon in regard of the importance and consequence

~ thereof, have therefore Ordered, and expressly charged the

said Deputy and the rest, that they assemble themselves againe forthwith and on Munday next in the afternoon w’ch will be the 20th of this month, deliver a cleer, direct and small answ’r to that w’ch had been before propounded and was this day re- itterated unto them, viz.: whether the s’d Compa. will be Con- tent to submitt & surrend’r their form’r Chart’r & accept of new Chart'r w’th ye alterations menconed in the afores’d act of

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Councill, And to this purpose the Dep’ty was expressly com- manded to propound the Question to ye s’d Compa. in these cleare & plaine termes in w’ch it was delivered.

At Whitehall the 17th of O’b’r 1623

Pres’?

Lord Archbys’p of Cant: Ea: Kelsey

Lo: Treasurer Lo: Vic: Grandison

Lo: President. Lo: Chichester

Mr Sec: Calvert: mr Treasurer

Ea: Marshall mr Chane. of ve Excheq’r

Ea: Carelile mr of the Roles

ORDERS CF THE Privy CoUNCILL IN REGARD TO VIRGINIA, Ocr. 20, AND 24, 1623.

At Whitehall 20: 8b’r 1623.

Whereas their Lords*ps were this day informed that there is a great discouragement amongst many adventurers of the plantation in Virg’a by reason of the intended reforming, and change of the government, whereupon they are fearfull to prosecute y'r adventures, soe as it may occasion some stopp of these shipps which are now ready ffraighted, and bound for that Country. Although their Lords'ps marvaile that any should be soe farre mistaken, considering the declarations that have bin made at the Board viva voce, as also by an act of Councili, and otherwise, Yet for the better satisfaction of those who either through error or mistakeing, or through the untrue Suggestion of others, have conceived such feare and discour- agem’t Their Lordships doe think fitt hereby to declare againe, that there is not other intention then meerly, and onely the re- forming and change of the present government, whereof his Majestie, hath seen soe many bad effects, as will be to the en- dangering of the whole plartation if it continue as it is Never- theless for as much as it Concernes the Private interest of any man, his Ma’ties Royall care is such, that noe man shall receive

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any prejudice, but shall have his estate fully & wholly conserved, and if in any thing it be defective, better to be Secured soe az they need not apprehend any such feare or ot’r inconvenience but contrarywise Chearfully to proceed. It is therefore Or- dered by their Lords’ps and thought fitt to be published to the Compa. that it is his Ma’ties absolute Command that the Shipps which were intended to be sent at this time to Virg’a and are in some readiness to goe be with all speed sent away for the Releise of those that be there and ye good of that plantation, and this to be done without Stopp or delay: Their Lords’ps think fitt that this and the two anexed orders be published by the bearer hereof, mr Jno. Pory; in all such places within Virg’a as he shall think fitt for the satisfaction of the Planters

there. Ex: Joun DicKENSON.

PRESENT Lo: Arch Bys’p of Cant Lo: Keeper. Lo: Treasurer Lo: Vic’o Grandison Lo: President JLo: Chichester Lo: Privy Seale Mr Secr: Calvert Ea: Marshall Mr of the Roles.

A Coppy of their Lords’ps third Ord’r Octob’r the 20th & 24th 1623:

Insrruccons FoR His Ma’ries Sus Com’r or Prizes In Vir- GINIA, Fes. 28, 1664.*

1 You shall demand, take an account of and receive into your Custody from such Captaines, and other officers, or

*In 1664 the English government ordered reprisals to be made on Dutch commerce in retaliation, it was claimed, for injuries which the Dutch had inflicted on English merchants. Many prizes were taken In the next year war was declared. The Duke of York, afterwards James II, was at the head of the English navy. A number of documents relating to prizes, convoys, etc., during the years 1664-1667, are among

the Virginia records. In 1667 a Dutch fleet entered the Thames and another destroyed

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VIRGINIA COLONIAL RECORDS. 139

Command’rs of Ships, or other P’son or P’sons as shall bring ye same into any Porte und’r your Charge, all Prize shipps, or Vessells w’th their tackle, Apparrell, and furniture, Armes. Ordinance, Stores of amunicon, and proviscon, And all Wares, Merchandizes, Plate, Monyes, or other goods, or lading, And all papers, Cocquetts, accomp’ts, bills of Lading, Evidences, examinacon, and proofes whatsoever [?| taken on board such Prize brought, or that shall bee brought into or neare your said Ports by any of his Ma’ties ffrigates, ships, or Vessells of Warre, Or which shall bee otherwise by any detention seiz- ure or other Capture Either at Sea, or in Port belong to his Ma'ty bee brought into your ports, w’ch all Captaines, Marriners, and all officers, & Every P’son and P’sons bring- ing in any such ship are to deliver unto you, and you shall Conveniently and securely dispose of all such ships, and place such honest P’sons for Wayters on board each ship, as shali bee necessary for security of ye goods, and furniture, W’ch Ship, or shipps, Goods and Wares you shall receive by two paire of Indentures to be signed and sealed ye one parte of Each by such Captaine, Officer, Mariner, or P’sons who bring ye same into ye Port, ye other by your selves, The one pair expressing ye names of ye ship and master, and by whom and by What ship taken ye burthen, tackle, apparell, ffurniturc, stores of armes amunicon, and Provision in ye Prize, ye other ve lading of ye ship both as p’ticularly as may bee without breaking Bulke, of which Indentures you shall by ye first Con- veniency send Duplicates, unto us & Counterparts of y’m to his Ma’ties Controuler And you shali sell or dispose of ye said ships, or goods as you are by these pr’sents, or shall bee by future Instrucons directed, and in Case it shall bee ne- cessary to bring any Ship aboute from one Porte unto another und’r your Charge ye P’sons imployed in that service shail bring with them to ye sub Comm’r of that Porte to which such ship, or goods is brought as certificate of ye rates agreed to bee

English merchantmen in Hampton Roads. For an account of the latter exploit see this Magazine, IV, 229-245.

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140 VIRGINIA HISTORICAL MAGAZINE.

paid for that service, whereof one duplicate shall bee sent io us, One to ye R’t Hono'le Anthony Lord Ashly his Ma’ties Treasu’r for all monyes arrising by ye sale of prize ship’d and goods, and One to ye R’t Honoble S. Henry Bennett his Ma’ties Comptroler for Prizes.

2 And to ye end all proceedings and accounts concerning ships of one name and place where it shall soe happen, and of Each parcell of goods out of Every of them landed may bee cleare, and directly refere unto and Correspond each w’th other, and bee distinctly understood in all proceedings of ye Court of Admiralty, and other proceedings and accomp’ts concerning them respectively. You are at ye first Entry of Every such ships name in Each Inventory to affix some marke of Distinction, and upon Every p’cell of goods landed out of such ship to putt ye same marke of Distinction which may referr to ye same ship and such other marke of Distinction as may plainly distinguish Every individuall parcell of Goods each from another, and soe to Continue ye said markes in al! ye Inventories, Appraizements, accomp’ts of Custome ac- comp’ts of Incident Charges, Contracts, ord’rs for sale and de- livery, and in all accomp’ts and proceedings wherein any ye Said ships, or goods are menconed that noe Confusion, or Er- ror happen through misunderstanding them, or any of them

3 You shall not suffer any wast, or Embezlement to bee made by any fraud, neglect, or other wise of any shipps, tackle, apparrell, or Wares, or Merchandizes either on board, on shore, or other wise, nor suffer Bulke to bee broken of any ship brought into your Custody nor any disposure to bee made of her furniture, stores, or lading untill it shall be soe ordered, or decreed by Judicature of the Admiralty, appoynted, or to be appoynted for adjucation of ye tytle to ships, and goods destined, seized, or taken a Prize within his Ma’tie Plantacon of Virg’a, And where you shall find any goods lyable to Waste by any Leakage of any Prize ship, or otherwise or in their owne nature perishable, or damaged by any accident or ye ship much decaied, you shall transmitt Affidavit thereof unto ye said Judicature upon ye oathes of two, or more p’sons to

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be deposed before some magistrate in, or neer ye said Port, attested under ye seale of ye Porte, or such magistrates hand and seale wherein all ye markes and number of ye said goods shall bee exactly expressed

4 And to ye end that his Ma’ties tytle to such ship and goods may bee duely secure and Cleared, you shall carefully preserve ye Papers, Cocquettes, and proofes taken on board any prize, and diligently peruse them, and haveing sealed them up shail safely send them unto such officers of ye said Judicature of ye Admiralty as is or shall be appoynted to mannadge ye de- fence of his Ma'ties title to ye said ships and goods together w’'th Affidavit first made either by ye seized, or Seizors or both, That said Papers, were found on Board such ship, and that those are all ye Papers and that they have not been altered since they were taken, and you shall ‘cause full Examinacons, of Two three, or more of ye Principall Officers, or Marriners, taken on board such Prizes to bee taken before some Magis- trate w’th ye assistance of a publiq notary or Clarke of ye Towne to bee by them attested, And like Examinacons, or Deposicons of two or three .of ye Principall Officers, Ma-- riners of the Ship which tooke such prize of what they can ac- test tending to ye Clearing of his Ma’ties Tytle to such ships and goods And you shall deliver them to ye said Officer of ve Judicature of ye Admiralty as concerning other proofes is herein before directed, which Examinacons of ye officers, or Marriners taken on board shall as well Exprest their knowl- edge of ye quantity of ye ships furniture, and quantity, quall- ity, marks, and numbers of ye goods on board before her be- ing seized The names of ye Respective Owners of such Ships and goods, their Place of abode and Porte from whence Laden, and wether bound as also ye truth | ?] of ye Cocquetts, bills of Lading, accomp’ts, papers, and what else within such Examin'ts Knowledge, may be necessary to Estimate ye Quan- tity, and Discriminate ye Propriety of ye said furniture & lad- ing

5 You shall upon breaking of Bulk, and landing ye goods out of each ship take, or cause to bee taken your selfe being

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pr’sent, and in ye pr’sence of ye Ware house keepers, true In- ventories of all such Prizes, and Goods brought in your Cus- tody That is to say two upon Each ship, ye One of Tackle, Aparell, ffurniture, store of Armes, amunicon, and Provision, ye other of goods, Wares, and merchandizes taken in such ship, of Each of which Inventories you shall keep distinct En- tries, w'ch Inventories of ye goods, Wares, and merchandizes shall exactly containe ye quanties, and qualities, and all their markes, and numbers to which End you shall Cause ye said goods to bee truly weighed, measured, and gaged according tc their respective Qualleties, that is to say you shall Cause all liquid goods to bee filled up and measured, and ye Caske io bee made tight and sufficient to preserve such goods from wast and Leakage, all weixhable, and measurable goods -to be ex- actly Weighed and Measured, and ascertaine ve allowance to bee made for tare and dammages w’ch Inventories ve said Warcnouse Keeper shall attest, And when ve said Judicature of ye Admiralty shall give ord’r for that purpose, You shail cause ye said goods to bee appraised by ye same markes, and Numbers (by which they were inventoryed) by three or four understanding P’sons to ye right and true vallue without fraud and deceipt, and ye P’sons appraising them shall signe unto such appraisements, and to an entry of them in your booke, and three duplicates, Which duplicates you shall by ye first Conveniency send, One to Us, one to his Ma’ties said Treasurer’ and one to his Ma’ties said Controller in all which ve exact quantities, quallities Markes, and Numbers shali bee exprest

6 You shail from tyme to tyme out of such monyes as are, or shall come to your hands as ye proceede of Prize ships, and goods, disburse monyes for incident Charges for and aboute ye service, And take Care that noe more mony bee upon any occasion or at any tyme disbursed upon that Accompt then necessity req’res all which Charges you shall draw up in bilis by you and ye Warehouse Keeper subscribed and see that such bills be truely bee made, which you shall enter in a booke for that purpose, and not pay any monies in discharge of them

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without ye receipt of ye P’son to whom such Charges are due, Which receipts you shall also Enter in ye said books under ye respective bills to them belonging, and you shall make up ac- compts of such incidents, and send them with ye Vouchers io Us with ye first Convenience, And in p’ticular you shall Vouch all Charges Issued for bringing any ship from one Port to another by Certificate by ve first instruccon herewith given, And all Warehouse rent and Cellarage, by attestacon of ye Warehouse Keeper, and all other issues by ye aforesaid bills, and receipts, and you shall distribute such disbursements, and place them to ye proper, and respective Accompts of ships, and goods condemned, restored, or not adjudged for whose accompts they were issued, And such as are not distinguish- able & where they are promiscuously concerned in due pro- porcon upon all, according to their respective Valuacon and transmitt to Us with ye first Convenience, and when any Or- ders of restitution of any ship, or goods are produced to you, you shall demand repayment of ye Charges expended or dis- burst on such ship, or goods, & haveing received ye same de- liver such ship and goods according to such ord’r & not be- fore, with which repayments you shall Charge yourselfe upon your accompt

7 You shall from tyme to tyme expose such ships & goods to sale for w’ch you shall receive order from ye said Judica- ture of ye Admiralty, by ye same markes, and numbers by w’ch they were appraised, and Condicon that Every first bid- ding a Competent summe be advanced above ye appraizment, see Every after bidding to advance in proporcon, & thereia doe your utmost to prevent Conbinacons upon any sale, and before all sales to bee made by ye Candle you shall Cause publicacon to bee made thereof in writing some convenient tyme before hand in ye some of ye most remarkable places expressing in such publicacon ye Names of ye ships, and goods, and ye day hourer and place appoynted for sale and Whosoever at ye goeing out of ye Candle shall bid ye hiest prize above ye apprizement shall have ye said Prize ship, or goods delivered to him on ye Condicon following (that is to

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say) that hee received ye Goods with all faults dammaged, or not dammaged, and with ye allowances if Tare, Trett, and dammages, by you to bee sett downe before sale, and to Ex- port noe abaitment on any account whatsoever, and to pay in one Moitie of ye mony due upon such sale forthwith, or ye next day after such sale, And ye other Moyetie within one month at farthest after such sale upon payment of w’ch Lat- ter moety ye ships, or goods soe bought to bee delivered and not before, and in Case any Byer faile of paying in his first Moitie, and any dammage acrew thereupon, You are to prose- cute such Buyer on his Ma’ties behalfe for such Dammages. And if any Buyers faile in paying his last Moitie, hee is to forfiet his first Moitie paid, And in either fault if first or second payment ye goods to be resold, and ye proceeds to bee for his Ma’ties use Notwithstanding ye former sale. The sub- stance of which Condicons you are to insert in a Contract to bee drawn up by you before hand for that purpose upon Each ship, and each parcell of goods exposed to sale and to bee signed by Each Buyer inmmediately upon ye goeing out of ye Candle, And in all sales to bee made of Sortable goods you are to sort them equally and indifferently soe that it may not bee in ye Power of any Buyer to select ye Choyce goods of any parcells and leave ye Refuse behind, And you shali from tyme to tyme send 's true, and distinct coppies of ail sales made in parcells as they were sold expressing therein, and keeping ye same Names, markes, and numbers of ye said goods by which they were expressed in their inventories, and ap- praizements, and shall bee respectively expressed in each con- tract for sale, and ye Prizes at which they were appraized _anexed unto them respectively and out of what ship Each parcell of goods come, and expressing in what warehouse stored, by whom bought, & at what rate And by ye first Con- veniency after Every sale you shall certifie unto his Ma’tics said Treasu’r and Controller true Coppies of Each Contract and sale, and in such Contracts, duplicates, and Coppies ob- serve ye same directions where divers ships are of ye same name and Place, as is herein before given, and when any

VIRGINIA COLONIAL RECORDS. 145

Buyer hath paid in his whole moytie at ye second payment due for each parcell, You shall deliver to such Buyer upon his re- ceipt ye goods by him bought, which receipt shall also con- teine ve markes, Numbers, and distinctions in like manner 2s is before in other procee[ds?] directed, and ye allowance made tor Tare, or other wise, and express ye mony paid, and tyme when, and you shall Certifie us of all Default of payments, and also sales in Ord’r as they shall happen

8 And Wheres you shall be enformed that any fraud hath been practized or any Embezelment made upon any prize ship, or of any goods you shall enquire and search after such and signifie what you understand Concerning ye same to Us, and require ye assistance of any Civell or Millitary Officer, where it shall bee necessary to ye discovery or security of any Prize goods, or P’sons offending in ye pr’misses, and to seize such goods, and to secure such Offenders when they shall bee found, and dispose of -ye said goods as you shall receive directions from Us, giveing Us timely and Constant Notice concerning your proceedings upon such Occasions

9g You shall neither by your selfe, nor any other directly, nor indirectly, contract for, Buy, nor otherwise interest your selfe in any Prize Ship, or goods, or any Parte thereof, nether to your owne use, nor to any other in trust for you, nor to vour advantage, or benefitt, and in Case any such Contract sale or Interest shall bee made, or obteyned ye same to bee void, and your selfe incapable of any further trust in this affare

10 You shall make up your Genn’ll Accompt of Prize shipps and goods in two Parts by way of D’r and C’r ye one of ships and goods condemned, and incident charges expended on them, ye other of ships and goods restored, and those not adjudged and incident Charges chargeable on them, and in both dis- tinguish ve goods perishable in Each ship, and sold for such from other goods of ye same ship, In both w’ch shall also bee expressed ye markes and numbers of Each parcell of goods their quantity and quallity as they were first delivered into ve Warehouse, and as they were sold, and in both ye said ac- compts, the said ships, and goods shall bee made D’r and In-

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cident Charges of all sorts, and C’r for ve proceed of such ship and goods distinguished from ships of ye same Name and Place as is before derected, that.ve reference of such accompts to all proceedings upon, or concerning such ships, or goods may bee Clear and Evident.

11 You shall from tyme to tyme give an account to his Ma’ties said Treasti'r of what Mony you receive and issue upon Accompt of ships, and goods detained, seized, or taken as Prize, observe such derections or ord’rs and make such pay- ments, or returnes as his Ma’ties said Treasu’r shall direct, and in all returns by bills of Exchange you shall Cause to bee inserted in such bills, that ve vallue therein menconed is re- ceived of you as his Ma’ties Sub Comm’r for Prizes in his Ma’ties Plantacon of Virginia, and not of you by Name in your Private Capacity.

12 You shall when any ship is brought into, or nere your Ports being received by any his Ma’ties ffrigates, Ships or Vessels of Warr by ye first Conveniency Certifie Us such Ships name, and burthen, ye Masters name to bee taken thereof, & ye same to bee delivered to ye Judicature, and of her being rescued before some Magistrate by some of ye offi- cers, or Marriners by whom she was rescued, and shall take care that ye Inventory, and Appraizments upon such ships bee full, and to ye just Vallue 1 Coppie of which you shall send io us, and take care that his Ma’ties dues for salvage of such ships bee aot deminished by Omissions, concealments, or un- dervaluacons.

13 You shall once every six months or oftner if thereunto required make up an account of all ships; their tackle, ap- parells, & furniture stores of Armes, amunicon, and provision, which, or any of them have been or shall bee delivered to any Captaine, Boatswaine, Gunner, or other officer ffleet, or nere taken by them, or any of them, and you shall make Certificate thereof to Us, that ye same may bee Charged on them, and bee answered to his Ma’ty upon ye passing their respective Ac- compts ;

14 You shall from tyme to tyme upon ye taking, and bring-

VIRGINIA COLONIAL RECORDS. 147

ing in of any prize bee very solicitous, and deligent in En- quiring after any matter, ground, or Evidence upon which ye said ship and goods or any parte thereof may bee adjudged as lawfull Prize to the King, and if you know or bee informed oi any P’son, or P’sons that can depose any thing Material in order thereunto, either of ye ships Company soe taken over and above those that shall bee brought by ye Captaine of ye Kings ship to bee examined, or any other and if you can, or have opportunity soe to doe, you shail Cause such P’son or P’sons to bee examined before ye Chief Magistrate, or Mag- istrates of ye place to make Affidavit of, and deliver such at- testacons close sealed up, to ye P’son imployed to mannage ye defence ot his Ma’ties title in ye assistance, and authority of any Magistrate, or Officer Civill or Military herein,

15 And you shall as oft as with Conveniency you can send us p’ticular informacon of all your proceedings aboute, and of ye State of this affaire, and observe such farther directions as Wee shall at any time give concerning ye Management of the trust hereby Committed to you, Dated at White hall ffebruary

28th 1664

Buckingham Lauderdaill Jo Berkeley G: Carteret Ashley Robert Southwell

(TO BE CONTINUED)

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VIRGINIA LEGISLATIVE PAPERS. FROM ORIGINALS IN THE VIRGINIA STATE ARCHIVES. (CONTINUED)

To Mr. Marrnew Purirp,’ MercHAnt At NORFOLK. Sir:

I was infermed this morning that ithe [Governor] has got 13 Feildpeacis fited up & on board of his ship & that -he intends to W'ms’burg with them I think it Highly Nessesary that the Volunteers at that place should Informed of it as they may be in Readiness to Receive his Lordship.

I am Sir yours &c., Joun Goopricu, JUN’R.?

Portsmouth Thursday forenoon.

! Matthew Phripp. merchant of Norfolk, was at the beginning of the Revolutionary contest an active supporter of the American side. He was twice elected Chairman of the Committee of Safety of Norfolk, and was colonel of the militia of that Borough. When Dunmore landed an armed force and seized the press of the Norfolk newspaper, Phripp took arms and endeavored to organize resistance, but the people would not support him. After this he refused to act as colonel, and did not in any way assist Lord Dunmore; but as he was in danger of imprison- ment and had much property in the Governor’s power, he took the oath, He left Norfolk but returned at the request of his aged and infirm father. When the Virginia forces occupied the town Col. Woodford sent Mr. Phripp to Williamsburg to be examined by the Convention. On December 19, 1775, Phripp presented a petition to the Convention, asking for a prompt hearing. That body ordered him to be confined to his room in Williamsburg; but on January 4, 1776, adopted a resolution reciting the facts just given, exonorating Mr. Phripp from blame and releasing him.

He was a prominent Mason. In 1777 a Conveation of Virginia Lodges was held in Williamsburg and Matthew Phripp, P. M. St. John’s Lodge, Norfolk, was chosen President.

? Though this letter is not dated it was probably written about August 14, 1775, when the Journal of the Convention shows that that body was

VIRGINIA LEGISLATIVE PAPERS. 149

DeposItioN OF JOHN RANDOLPH® IN REGARD TO THE Re- MOVAL OF THE POWDER.

The Deposition of John Randolph Esq.

That he never received any information or had he any knowl- edge of the removal of the Powder, until the morning after it was removed, when many of the people of this Town were under Arms at the Court House.

That he does not recollect that he heard the Governor ex- pressly say, that he would proclaim freedom to the Slaves, but he was so well satisfied that such was his Lordships Intentions, if he thought himself under the necessity of taking up Arms in defence of his Person: that this Deponent informed the Speaker that such was his Lordship’s Resolution, leaving it to their speaker to pursue such measures as he should think most adviseable to prevent it:

That he knew little of the designs of the people, not mixing much with them and does not recollect he ever saw any of them under arms except on the removal of the powder but the Independent Company exercising where they were which Company this Deponent believes was in being a considerable time before this disturbance happened: That he thinks, Lady Dunmore had no reason, but the timidity of her Sex to suspect

informed that Lord Dunmore meditated an attack on Williamsburg. Provision was made for resistance; but no such attempt was made. In the next year John Goodrich, Jr., was arrested on suspicion of disloyalty to Virginia.

8 John Randolph (1727-1784), son of Sir John Randolph, was member of the House of Burgesses for the College at the sessions of May 5, 1774, and June 1, 1775; was appointed Attorney General in 1766 and held the office until he left Virginia with Lord Dunmore in 1775. He was a Loy- alist and died in England January 31, 1784; but by his own request his body was brought back to Virginia and buried in the chapel of William and Mary Coilege. He was brother of Peyton Randolph, President of the Continental Congress, and father of Edmund Randolph, who was the first Attorney General of the State of Virginia.

This deposition was made in the course of an examination into the removal of the powder from the Williamsburg Magazine by Lord

Dunmore.

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that any Injury would be done to her Person or Family. Nor does he know that Lord Dunmore had any just cause to be apprehensive of Danger, unless he gave credit to those Reports that were carried to him (by whom this Deponent knows not) which were of such a nature as to justify an opinion that his Person was not in a state of security and lastly this Deponent says, That he is of opinion and informed the Governor so, as a Deputy appointed by the House of Burgesses, to waite on his Lordship with their address to solicit his return, that his Person was in no Danger.

That his Lordship whether armed or unarmed this Deponent knows not was almost every Day at this Deponent’s House & in particular that Evening of his departure from W’m’sburg knew of no insult that he received in passing to and from thence, that he understood from the Governor, that he intended in case any armed people came to this Town, that he would fix up the Royal Standard to distinguish the Friends of Gov- ernment from its Foes and that if any Negroes had offered their services upon that occasion this Deponent believes they would have been well received ; but was informed by the Gov- ernor some days after the removal of the Powder that some Negroes (by one of his servants) had offered to join him & take up arms, but that his answer to his servant was, to order them to go about their business. This Deponent being fur- ther examined, says that the morning after the Powder was removed in his way to the speakers where he was walking h: saw Capt. Collins, Capt. Foy & he believes Capt. Stretch, pass through the people at the Court house unmolested. The De- ponent further says, that he believes the distance from his house to the Palace is better than one quarter of a mile.

Lorp GEorGE GERMAINE* TO THE Deputy GOVERNOR OF Mary- LAND, CIRCULAR LETTER. Sir: The King having been graciously pleased to appoint me to be one of His Majesty’s Principal Secretaries of State and to

*Lord George Germaine (1716-1785) had been a Lieutenant-General in the English army; but had been cashiered for cowardice at the

VIRGINIA LEGISLATIVE PAPERS. 151

commit to my care the dispatch of all such Business as relates to His Majesty’s Colonies, I take the earliest opportunity of acquainting you therewith.

It will give me great satisfaction to be able to fulfil H's Majestys Gracious Intentions in this appointment; and as it is His Majestys pleasure that your Dispatches should for the fu- ture be addressed to me, I shall not fail to lay them immed:- ately before the King, and to transmit to you such orders as His Majesty shall think fit to give thereupon.

I am, Sir, your most obedient Humble servant Geo. GERMAIN. Deputy Governor of Maryland

C. to THE VA. MEMBERS OF CONGRESS.

Virginia 12th Dec’r. 1775 Gentlemen.

Referring you to a former Letter, in which amongst other Things, I mentioned the necessity we should be under of hav- ing a large Quantity of Paper to make up the sum of money voted by tie last Convention, besides the 2/6 & 1/3 penny

battle of Minden. He had charge of the war against the Colonies and was exceedingly hostile to them and to all liberal measures.

5 Robert Carter Nicholas (1715-1780), one of the most eminent Vir- ginians of the Revolutionary period. His high character and piety made him especially influential in all matters relating to religion. He wasa member of the House of Burgesses for York county 1756-1761, for James City county 1766-1775, of all the Revolutionary Conventions, and Presi- dent of that of July, 1775, during the latter part of its session. The confidence felt in his character and ability is shown by thé fact that an ordinance of the Convention of July, 1775, provided that in case of the death or disability of the President, Mr. Nicholas shou'd be authorized to call a special session, if one were needed. He was Treasurer of Vir- ginia 1766-1776, member of the Committee of Correspondence 1773, of the House of Delegates 1776-1779, and in the latter year was-chosen a Judge of the High Court of Chancery and ex-officio of the Court of Appeals.

The Convention of 1775 by Chapter V of its ordinances imposed taxes and authorized the treasurer to issue notes.

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Bills, which I have immediate occasion for, I must repeat my request that the whole may be provided & forwarded with all Expedition. The comm’ee of safety writes also upon this sub- ject. :

I sent Mr. Jefferson a List of Denominations, which appeared to me most proper, having no Copy. I have endeavored to recollect it in the inclosed memo. you can hardly conceive how people are distress’d for want of small change. I have no doubt but every care will be taken to guard the money ag’t Forgeries. You have an opportunity of consulting superiet Judges & there I do not presume to prescribe.

I fear your long session will make a supply of money ne- cessary & have therefore inclosed you my Bills for £500 st-g; the blanks to be fill’d up with either or all y’r names, as may be requisite & I think you may be assured that the Bills wili meet with due Honor. The money which these Bills will produce I am hopeful will be sufficient to pay for the paper &c. «& answer your present immediate occasions. I shall want to know the Exch. they are sold at, valued in Virg’a money.

By many intercepted Letters to & from G’t Britain we have discovered the greatest scenes of villiany some Rascals, all foreigners are already looking out for Places & handsome seats from their infernal Hopes that our [ | are to be for- feited Pray forward the Letter of advice by a safe Hand. I write with the utmost Precipitation and therefore can only add that I am Gent.

Y’r respectful h’ble serv’t

Ro. C. NICHOLAS.

If the paper does not arrive soon I must shut up shop.

Lorp GEORGE GERMAINE TO THE Deputy GOVERNOR OF MaAry- LAND. CIRCULAR LETTER.

Whitehall 23d December 1775 Sir: The King being determined, in Concurrence with His Par- liament, to pursue the most vigorous measures for reducing

VIRGINIA LEGISLATIVE PAPERS. 153

His rebellious subjects in North America to obedience, and for restoring legal Government, has given the Royal assent to the inclosed Act, which I am commanded by His Majesty to trans- mit to you, and at the same time to signify to you His Majesty's Pleasure that you do exhort all Persons, upon whom the exe- cution of this law shall depend, to pay a due attention thereto, and to use their best endeavors for carrying the provisions of it into effect; and I trust that when His Majesty’s deluded subjects in the associated Colonies are better apprized of the fatal consequence of the conduct they have adopted, and see the determined spirit of the nation to maintain its constitutionai Rights, they will avail themselves of the means which the jus- tice and benevolence of the supreme Legislature have held out to them of being restored to the King’s grace and peace; and that a happy and lasting reconciliation and union will be ef- fected; And I have the satisfaction to acquaint you that in or- der to accelerate this desirable object, the proper steps have been taken for passing a Commission under the great Seal, in conformity to the last Section but one, of that act; and that the Commissioner or Commiissioners to be appointed for that purpose, will have full power to inquire into the state and con- dition of the Colonies, and to confer with proper persons upon such points as may be necesary for effecting a restoration of the public tranquility. I am, Sir Your most obedient & humble servant, _ Geo. GERMAIN.

Dep’ty Governor of Maryland

(No. 1) Whitehall 23rd Dec. 1775 Sir:

It was not ’till the 27th of Nov. that your Dispatch to Lord Dartmouth of the 27th of August was received here, when I had the honor of laying it before the King, and I have it in command from His Majesty, to express to you His Majesty’s approbation of your zeal for the public service, and of the

-

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unalterable attachment you have shewn to his person & Gov- ernment, from the first commencement of the present unhappy Disputes, which have involved His Majesty’s faithful servants in the Colonies in Difficulties & Distress, that are only to be equalled by the Fortitude with which they are borne.

Your Letter contains a great deal of very useful Informa- tion, and your confidential Communication of the characters of Individuals, more especially of such as come over into Eng- land, is of great advantage; and you may rest assured, that every possible precaution will be used, that no part of your Letter shall transpire.

An armament consisting of seven Regiments, and a Fleet 2f Frigates & small ships, is now in readiness to proceed to the Southern Colonies, in order to attempt the Restoration of Legal Government in that part of America. It will proceed in the first place to North Carolina, and from thence either to South Carolina or Virginia, as circumstances of greater or less ad- vantage shall point out. If to the latter, it may have very im- portant consequences to the Colony under your Government, and therefore, you will do well to consider of every means, by which you may, in conjunction with Lord Dunmore, give Fa- cility & Assistance to its Operations.

I am, Sir Your most obedient Humble servant Geo. GERMAIN. Deputy Governor Eden.

CiTizENS OF NoRFOLK TO THE COLONIAL COMMITTEE OF SAFETY.

Princess Anne March 8th 1776 Gentlemen It has been suggested by some Gentlemen, who have lately travelled down the Country, that the Committee of safety have Thought of recommending to the People in the lower Coun- ties to remove upwards,® and suffer their Lands to be unculti-

6 The towns of Norfolk and Portsmouth and the counties of Norfolk and Princess Anne suffered greatly during the Revolution. Many,

VIRGINIA LEGISLATIVE PAPERS. 155

vated. This, and we will venture to affirm not without Rea- son, is extremely alarming to the Inhabitants. When you consider how innumerable the Inconveniences, which must in- evitably attend the Removal of more than five thousand souls by a Road almost impassable, and at a season when the weather is so frequently changing, we are satisfied you cannot differ with us in sentiment. But the Difficulty of the Journey is not all. They would have Homes to seek, and every necessary oi Life to procure without the means of obtaining either, in con- sequence of the Destruction of Norfolk. How horrid would be their situation: We appeal to your own Feelings, for 1 cases of this nature, Language is too weak to describe our Distress. We are induced to write to you on this subject from a Principle of Humanity, and hope you will not think a matter of such moment te many of your Fellow Creatures unworthy vour attention. We are, with due Regard,

Gentlemen Your most obed’t humble servants

Paut Loyatt’ Antu’y James Taytor®

probably a majority, of the citizens of the towns were either in sym- pathy with England, or took the oath of allegiance to her through fear. Many of the people of the counties were in the same situation. As they were accessible to Dunmore they were pillaged by him, and afterwards were constantly subject to the suspicion and hatred of the Virginians of the Revolutionary party. As is well known Norfolk was burnt, and throughout the war the country adjacent remained in a state of great poverty and confusion. Many citizens of this section removed volun- tarily to the upper country, or were forced to do so by the Virginia authorities; but the entire deportation of the people of the towns and counties named was not attempted.

TWilliam Loyall, a citizen of Hampton in the first year of the 18th century, was probably ancestor of the Loyalls of Norfolk. Paul Loyall was mayor of Norfolk 1763, 1772, 1775 and 1781, was a member of ‘‘The Sons of Liberty’ 1766, State Senator 1780, etc. A Paul Loyall was a member of the House of Delegates for Norfolk Borough 1817, 1819, 1820, 1821, etc. George Loyall, son of Paul Loyall, who had been

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ABRAHAM VAN BIBBER TO THE VIRGINIA COMMITTEE OF SAFETY.

St. Eustatius.’” March 11, 1776

Gentlemen :

Having been intrusted by the Convention of Maryland with the execution of such Business in this Island, as the critical situation of the Colonies render necessary: Was also on my departure from thence furnished by W’m Lux Esq’r. with the state of some transactions between the Colony of Virginia, and Mrs. Isaac Vandam of this Island, (lately deceased) re-

mayor of Norfolk, himself heid that office in 1798. George Loyall (2d), son of the last named, was born in Norfolk May 29, 1798, graduated at William and Mary College in 1808, was member of the House of Dele- gates from Norfolk Borough 1817-1827, of the Convention of 1829, and was member of Congress 1831-1837. He was navy agent at Norfolk 1837-61. Virginia, daughter of William Loyall, of Norfolk, married in 1843 Commander David G. Farragut, afterwards the famous Admiral. The Loyall family is stili prominently represented in Norfolk.

® Anthony Walke, of ‘‘ Fairfield,” Princess Anne county, born January 3, 1726, died 1782; a man of large estate and a member of an old and prominent family. See this Magazine, Vol. V.

* James Taylor was mayor of Norfolk 1766, 1778, 1782 and 1790, mem- ber of the Norfolk Committee of Safety 1774-75, of the House of Dele- gates 1780, 1787, etc., and of the Convention of 1788.

The name Taylor has been conspicuously represented in Norfolk by several different families.

© There is but little information in print in regard to the methods by which Virginia obtained military and other supplies from abroad during the Revolutlon. Much of the supply was obtained from the West Indies by armed vessels belonging to the State, commanded by her naval officers. In other cases merchant vessels were used. Naturally, as was the case with Confederate blockade running, much secrcy was preserved in regard to their operations.

Abraham Van Bibber, the writer of this and other letters to be pub- lished later, was a member of a well-known Baltimore family. William Lux was an exceedingly active supporter of the Revolutionary move- ment. He was a member of the Baltimore ‘‘ Sons of Liberty ’’ in i765, of the Committee of Correspondence 1774, and of the Maryland Conven-

tion of 1775. . St. Eustatius was then, as now, one of the Dutch West India islands.

VIRGINIA LEGISLATIVE PAPERS. 157

pos'd in his hands by your former Agent Mr. Goodrich," of a considerable amount with orders to procure a settlement & receive the sum due, but not being fully empower’d to act agreeable to the forms required by Law, shall not be able to render you any further service at present then procrastinating a settlement (which expect to effect) untill I can be furnished with proper credentials from your Honorable Board to invali- date the claim of Mr. Bartho. [Bartlett] Goodrich who ar- riv'd here soon after a Brother who was more immediately concern’d in this Transaction to further his claim: He Found his demand on the Provincials having wrested from his Father to a more considerable amount & its suspected gone to Antigua to procure a Letter from the Admiral, to the Governor here, to order the payment of this money, to reinstate him, as this money was Lodged here to answer purposes which the states of Holland do not License. I’ve everything to apprehend should he pursue this method. I make no doubt what I've offer’d will induce you to exert vourseives to | ] the designs of this scoundrel, you may rest assured if you shou'd charge me with the execution of this, or any other commands they shall be carefully & punctually comply’d with by

Gentlemen

Your most Obed’t Hum. Serv’t,

Av’m VAN BIBBER.

[ NoRTHAMPTON COMMITTEE OF SAFETY TO] THE HON’BLE THE PROVINCIAL CONGRESS OF VIRGINIA,

Virginia Northampton County

March 13th 1776

In Committee

An inhabitant of this County having applied to the Com- mittee to know their opinion whether he might purchase a

11 See note at end of article.

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quantity of salt from Mr. Arthur Upshur”? who was published by the Committee of Accomack for a breach of the Association. Upon mature deliberation Resolved unanimously, That

Whereas a Certificate from the Committee of Accomack of the 8th of January has been produced to this Committee, which admits “that he violated the Association ignorantly” and the members of this Committee who have been long acquainte 1 with the said Upshur; who is a freeholder and possessed of a very considerable property in this Country, having observed him in every instance except the above a warm friend of the liberties of America, and a strict adherer to the Continenta! Association, and a man of general good Character, are of opin- ion that he transgressed thro’ ignorance, and therefore upon considering these circumstances, do Permit the Inhabitants of this County to purchase the said Salt, and trade with the said Upshur for his Crops, &c. in this Country, as usual.

A copy of the Resolve of the Accomack Committee of the 8th January referred to in the above Resolution:

“In Committee Accomack 8th January 1776

“Mr. Arthur Upshur of this County Gentlemen who was formerly ordered by this Committee to be published for his conduct in sending out a vessel after the 1oth September last contrary to the Continental Association, this day appeared, & voluntarily submitted his case to this Committee, and promised io abide by the determination thereof, hut denied that he had violated the Association intentionally, for as much as he un- derstood by the said Association that he was not restrained from sending his vessel to any foreign Port. On taking his case into the most serious deliberate and mature consideration

_It is the opinion of this Committee that he violated the Asso-

ciation ignorantly, but that he has since behaved very obstinate and ill in the affair, and therefore for his said offence, Resolved

2 Arthur Upshur was a member of the old and prominent family on the Eastern Shore of Virginia, to which Abel Parker Upshur, Secretary of State of the United States, belonged. There is a short note on the family, with copies of old epitaphs, in Wi//iam and Mary Quarterly, III, 256, 260.

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that he pay a fine of one hundred pounds in the space of thirty cays into the hands of the Chairman of this Committee, to be disposed of as this Committee shall see proper”

Northampton May 14th 1776

In Commitee

Resolved that no Permit be granted to any Inhabitant of Accomack, or any other County, to carry grain or any other Commodity from hence, without first obtaining a Certificate from the Committee of such County permitting such person to proceed with his or their Vessel to this County for the purposes aforesaid.

Mr. Arthur Upshur of Accomack made application to the Committee for a permit for his sloop little Lady to sail to St. Crux or Corisoo with a load of Corn and Tobacco, under the late order of Congress respecting Trade, which the Com- | mittee refused granting, having previously come to the above Resolution.

May 2oth Ordered that the Clerk grant a Permit to Mr. Arthur Up- } i shur of Accomack for his sloop little Lady, Esau Kellum, Mas- | i ter, to proceed to one of the foreign West Indies Islands un- ) der the order of Congress, and that he take a Bond for the | ‘true performance of the said regulations of Congress respect- i i ing Trade: It appearing to the Committee that the said Ves sel was actually loaded in this county, without having come immediately from Accomack. Extracts from the minutes of the Committee of North- i

ampton. Drury Stitu C. N. Com.

CERTIFICATE OF VIRGINIA OFFICERS AS TO ROBERT WaArpb.

Kemp’s'* March 16, 1776

This is to certify that Robert Ward has served in the Vir- ginia forces as a volunteer since the first of January, and that

8 The present Kempsville, Princess Anne county.

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he has conducted himself as an obedient and willing soldier, hazarded his life on several dangerous attempts with uncom-

mon bravery, and been very active in Scouting and harassing the enemy, and driving them to their shipping.

Rd. James Robert Baliard Frank Eppes Jno. Markham William Davies John Ruffin Lew. Jones Thomas Ridleye Joseph Carrington Thos. Edmunds Samuel Hanway Thos. P. Walker Jno. Fleming Thomas Old Thos. Mathew _Chas. Scott

(TO BE CONTINUED)

NOTE.

The names of John Goodrich, Sr., and his sons John, Jr., William and Bartlett (erroniously written by Van Bibber as Bartholomew), appear very frequently in our records at the beginning of the Revolution. John Goodrich, the father, appears to have been an active and enter- prising man. He had plantations in Isle of Wight and Nansemond, was a merchant trading as John Goodrich and Company, an owner of vessels and sometimes a mariner. In July, 1775, the Colonial Commitiee of Safety furnished him with a sum of money in bills of exchange, to be used in obtaining powder from the West Indies. This he seems to have done satisfactorily but it was not long before he was in trouble with both the colonial authorities and Lord Dunmore. On January 5, 1776, Mr. Par- ker laid before the Convention the proceedings of the Committee of Isle of Wight County in regard to John Goodrich and they were referred to a _ committee which had already been appointed to inquire into—“ John Goodrich’s conduct concerning the importation of gunpowder and other supplies for the use of the Colony.”’ .

On January 10 John Goodrich petitioned the convention praying among other things, that the Committee of Safety might be directed to pay the balance due him.

On January 13 the committee which was to inquire into the charges of the Isle of Wight Committee against John Goodrich, Sr., r:ported" it was found that John Goodrich and two of his sons had drawn upon them the resentment of Lord Dunmore for the importation of powder

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VIRGINIA LEGISLATIVE PAPERS. 161

and he had caused them to be seized and confined, but released the said John Goodrich and his son John upon their engagement not to pro- ceed furtber in the business and on their paroles, the former of whom was to appear every tenth day on Dunmore’s ship. The committee also found that John Goodrich, Sr., had since been living cn his planta- tion in Nansemond, and had been on board his lordship's ship four times according to his agreement, and had carried by water some provisions from his Isle of Wight plantation to Nansemond for the use of his family-

The committee presented a resolution, which was adopted, that John,

Goodrich had been active in favor of the Colony and had suffered con- siderably on that account and that nothing in his conduct appeared to be inimical to the common cause. ;

The committee on the importation of powder, &c., reported that cer tain linens, &c., imported into Virginia in the schooner Fanny were cn the joint account of John Goodrich, John Goodrich, Jr. and Bartlett Goodrich; that in October, 1775. at Antigua, Bartlett had purchased from a Liverpool ship these British goods, knowing them to be such, that he carried them to St. Eustatia and altered the marks and labels to produce the impression that the goods were Dutch, and had sent them to the Potomac River, Va., addressed to John Goodrich & Co., where john Goodrich, Jr., took them and offered them for sale knowing them to be of British manufacture ; that the said John Goodrich, Jr., in order to justify this importation, stated that his brother, Bartlett, being anxious to supply his brother William with powder for the Colony, and finding about 1500 Ibs. on the Liverpool ship tried to purchase it, but the mas- ter would not sell unless he would take the aforesaid British goods, which he did ; that the master of the Fanny stated that he had received this statement from Bartlett Goodrich at Antigua and had delivered the powder to William Goodrich.

The committee also reported that in July, 1775, John Goodrich, Sr., was employed to purchase powder for the Colony ; that he was entrusted with £5000 Sterling, in bills of Exchange, and sent his son William to the West Indies for the same and imported in October, 1775, four thousands pounds of gunpowder, which was safely brought into North Carolina, and Lord Dunmore discovering this, caused William Goodrich to be arrested and detained here in custody until December, when, being greatly intimidated, he was prevailed on by Lord Dunmore to make a discovery of the whole business and give the name of the agent in the West Indies, whereupon Dunmore sent an armed vessell to the West In. dies, with William Goodrich as a witness, to demand the value of the powder and the money remaining from the agent ; that William Good. rich had lately returned to Norfolk and been released but, on attempting to go to Williamsburg, had been again arrested by Dunmore and was still held a prisoner. The House resolved that John Goodrich, Jr., and Bartlett Goodrich had violated the Continental Association in regard to

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the importation of English goods; that the goods should be confiscated and that all persons shou'd be warned from having any further dealings with the said two Goodrich brothers.

On January 16, 1776, the committee to whom the petition of John Goodrich & Co. had been referred reported that the slo.p Dorothy ar- rived in Virginia from Autigua and was taken by Captain Barron and carried into Hampton; that it appeared to the committee that the con- tract made with the Commissary of Stores had been comp ied with and that there was due the petitioners £1097 current money, but that this

-should not be paid until the money furnished John Goodrich for the pur- chase of powder was fully accounted for.

On the same day a petition from John Goodrich was read reciting that Robert Shedden, merchant, of Portsmouth and his wife, the petitioner’s daughter, and their two young children were on board a sioop in Nor- folk harbor, and although Shedden had appeared inimical by importing goods contrary to the Association, yet he had aided in importing the powder and asking that they might be allowed to come ashore and live under the protection of the Colony. John Goodrich and his son John also presented a petition representing the hardship and expense they had undergone for the Colony and asking proper consideration.

On May 6, 1776, the Convention directed the Committee of Safety to report on the case of John Goodrich, Jr., who had been arrested as a suspected person, ordered that he be confined to his room in Williams- burg, and that William Harwood, surety for his appearence, should be discharged from his recognizance on delivering Goodrich to the com- manding officer.

On May 20 the Convention ordered that John Goodrich, Jr., should be discharged from custody but should give bond in the sum of £1000, or should confine himself to the plantation of William Harwood in War- wick Co. and its neighborhood until June 3rd, when he should appear in Williamsburg before the Committee of Safety.

On May 29th the Convention ordered that Mrs. Goodrich and her small children should be permitted to visit her husband, John Goodrich, confined in the public jail, but that she should not afterwards be permitted to leave Williamsburg. John Goodrich, Sr., appears in the spring of 1776 to have opeuly taken the side of Lord Dunmore. It seems from a petition presented to the Convention June 4 that in April Goodrich, in command of an armed sloop named the Lilly, had captured in Ocracoke Inlet a sloop belonging to certain North Carolina merchants.

On June t1 a committee reported to the Convention that John Good- rich had confessed that he had gone on board the Otter sloop of war to pilot her to Baltimore to destroy certain vessels building there.

It was also reported that Goodrich in the Lilly, acting as a tender to Lord Dunmore’s fleet, had captured a schooner in the Bay, and that he had three boats in Dunmore’s service.

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It appears from the same report that Goodrich’s vessel had been boarded by several boats commanded by Captain Harney, James Adderson and others and he captured, that he had stated to them that he was a prisoner, and that he had been so harrassed on both sides that he did not value his life.

After hearing this report the Convention adopted resolutions declar- ing that John Goodrich was guilty of bearing arms against the Colony, and of aiding and assisting the enemy, and that he should receive the penalties to be inflicted by the ordinance of the Convention for establish- ing a mode of punighing the enemies of America, that the Committee of Safety should take action in regard to his estate, allowing a reasonable provision for his wife and young children, and that as soon as Guod- rich’s health would permit he should be taken to Charlottesville, where he should be kept a prisoner until further order.

This removal to the upper country had apparently been feared by Mrs. Goodrich, for on June 5 a petition from Margaret Goodrich had been presented to the Convention, asking that her husband might not be sent to the interior, but be confined at some plantation near his friends.

The final order made by the Convention of 1776 in regard to the Goodrich family was on June 21, when it was resolved that as no wit- nesses had appeared against John Goodrich, Jr, that he should be discharged from the accusation cf conduct inimical to the rights of America, but that as he was under a general suspicion he ought, before he was discharged, to give bond in £1,000 and be tendered the oath to be taken by suspected persons.

The various members of the family under arrest or suspicion for their loyal opinions appear to have gone, before many years, to England. John and Margaret Goodrich settled at Topsham, Devonshire, where they died Their epitaphs were printed in this Magazine, XIV, 443.

In 1864 a person in Derby, England, published in Noles and Queries an inquiry in regard to the family, and repeated it in later years. He stated that John Goodrich, Sr., the emigrant, was of Nansemond county, Virginia, and was son of John and Mary Goodrich; that he mar- ried in 1747 Margaret, daughter of Joseph and Agatha Bridger, and coming to England at the time of the Revolution, settled at Topsham, where he died in 1785. Also that he was connected in business and by marriage with Robert Shedden, a native of Beith, Scotland, who was of Norfolk, Va., and was also a ldyalist, and who was afterwards of Bermuda and New York, and finally an eminent merchant of London. The writer states that about 1815 five or six sons of John Goodrich, Sr., were living in Great Britain. John, the eldest, lived at Everglyn, near Caerpi!ly, Wales. This John’s eldest son was William of Matson House and Mainsmore Court, Gloucestershire (one of his sons was Rev. Adol- phus, Vicar of Hampton, near Leominster), and his youngest was Rev. Bartlet Goodrich, Vicar of Saling, Essex. Another son of John Good-

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rich, Sr., was Bartlet, who once lived at Luwitch Hail, Shropshire, and had a house in Queen Square, London.

Contrary to what was generally the case with Virginia Loyalists, the Goodrich family had been long resident in Virginia) On March 5, 1697- 8, John Goodrich, aged 80, made a deposition in Isle of Wight county about matters that had occurred there sixty years before. So he was born about 1618 and was living in I-le of Wight in 1638. He seems to have married twice and to have had issue a son Charles and two sons John, one of whom died before his father. The will of John Goodrich, Sr., was dated August 30, 1695, and proved in Isk of Wight June 9, 1698. He gave his son Charles the land where the said son then lived, made a bequest to his grandson John, son of John Goodrich, and directed that his own son John, son of his wife Rebecca, should be sent to school as soon as he was of suitable age. His elder son, John Good- rich, is shown by a deposition, made April 9, 1689, to have been born in 1652. The will of this son was dated January 13 and proved June 9, 1695. His legatees were his sons George and John and his daughters Honor, Constance, Mary and Elizabeth.

The will of John Goodrich (it is not known whether he was the grand- son or the son of John Goodrich, Sr.,) was dated February, 1746-7, and proved in Isle of Wight June 1, 1749. His legatees were his sons Edward, John and George, his daughters Mary Davis, Ann Gray and Honour, and his wife.

The will of Edward Goodrich, son of the last-named John, was dated July 16 and proved in Isle of Wight September 6, 1759. His legatees were his sons John and Edward, unborn child, daughter Elizabeth, sister Ann Gray and wife Juliana.

The sons of Edward Goodrich probably served in the Revolution on the American side. John Goodrich, of Isle of Wight county, was Ist lieutenant, 4th Virginia, 1st April, 1776, and resigned January 6, 1777, but must have re-entered the army, for on January 12, 1810, Mrs. Eliza- beth Hatton, of Norfolk county, received a land bounty warrant for 4,000 acres as the sister and heir of John Goodrich, of Isle of Wight, who had served three yearsas a captain in the Continental Line. Edward Goodrich was appointed a lieutenant in the Isle of Wight militia in 1777.

Some members of the family removed to Prince George county. There is recorded in Isle of Wight county a deed dated March 2, 1715, from Edward Goodrich, of Prince George county, selling land in Isle of Wight.

The will of Charles Goodrich was dated December 6, 1725, and proved June 26, 1725, in Prince George. Legatees: Daughters Ann Hamlin and Sirah and Lucy Goodrich. .

The will of Edward Goodrich, dated October 7 and proved June, 1720, in Prince George. |Legatees: Wife, daughters Mary and Elizabeth,

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REVOLUTIONARY ARMY RECORDS. 165

son Benjamin, son Edward (to whom he gave 500 acres at High Hills, Surry,) certain lands to be sold. Gave father, brother and each of his

sisters shillings. It is possible, however, that these Prince George Goodriches may

have been of a different family from those in Isle of Wight.

REVOLUTIONARY ARMY ORDERS For the Main Army Under Washington. 1777-1779.

(From Originals in the Collection in the Virginia Hist :rical Society’)

(CONTINUED)

B. O. March 27 1778

The Officers Commanding Regiments in the Brig’e will see that the intrenching Tools of every kind except axes are Immediately Collected and deposited under the care of their Quarter Guards until this afternoon, when they are to be delivered to a person sent by the Q. M. G. to take Care of them—the strictest search is to be made that none may be left—the Commanding Officers of Regiments, are requested to make a Return to the Brigadier of all Armourers & Smiths in their respective Regiments, who are to be imployed in makeing Bayonetts for their men for which they will Receive extraordinary Pay—If any part of the works in front of the Brigade is still unfinished which properly belongs to the Bri- gade, a fatigue party of 40 Men are to be turned out to morrow morning, in Order to Compleat the same.

The B. Q Master will apply to Gen’l Patterson for such intrenching tools as may be wanted.

Head Quarters March 27.

_ Brigadier tomorrow Maxwell. F. O. Col’o Bradford & Maj’r Tayler Brigade Maj’r Minis

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The numerous inconveniances of a large train of -baggage must be appearant to every Officer of the least observation in the Army, by means of it, the Army is Rendered unwieldy and incapable of acting with that ease and Celerity, which is essential either to its own Security & defence or to Vigour and enterprise in its offencive operations, the Solicitude which these who have a large Quantity at Stake will feal for it own Safety even in the most. . . .Circumstances, is some times attended with very alarming Circumstances, & Individ- uals frequently and unavoidable sustain no inconsiderable losses from the imprudence of incumbering themselves with superfluous Baggage, the Publick is burthen’d with a fruit- less expence in an additional number of Waggons & Horses, and the Strength of the Army is diminished by the extraordi- nary number of Guards required for their protection, these disadvantages & many more that will suggest themselves on Reflection notwithstanding the pains taken to remedy them, have bin heretofore sevearly felt by this Army, many Instances will be recollected in the Course of the last Campaign, and among others the great loss attended the sending the super- fluous Baggage during the more active part of it, to a distance from the Army. The Commander in Chief hopes this Con- sideration will influance Officers in the insuing Campaign to provide themselves with those necessaries only which cannot be dispenced with, and with the means of Carrying them in the most easy and Conveniant manner, in Order to which he strongly recommends the disuse of Chests and Boxes, and Portmanteaus or Valieses made of duck may be Substituted in stead of them, this will be the more Requisite as it is essen- tial to imploy as fiew Waggons as possible and to make use of Pack Horses as far as may be practicable, it is expected the General and field Officers will set the example, and see that it is Strictly followed by those under their respective Commands. Officers at out Posts Receiving letters by

flags, addressed to the Commander: in Chief by General How,

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whose name is allways indorsed on them, are desired to give Receipts for the same.

C Detail for Guard . 1&2

Head Quarters March 28, 1778

Brigadier Gen’l tomorrow Wain. F. O. Col’o Harmond Maj'r Haws. Brigade Major Claybourn.

At a Board of Brigadiers & Officers Commanding Brigades the Price of Sundry Liquors was fixed as follows & now Ratified by the Commander in Chief Viz. West India Rum or Spirits 15s. Continental Rum tos. Gin 9s. french Brandy 19s. & Cyder Royal 2s. p Quart and in larger or smaller Quantities at the same Rates. On monday next the Troop will beat at~half after seven in the merning the Guards to be on the Grand parade at 8 oClock precisely in order to exercise previous to Guard mounting.

Maj’r Wallace’ is appointed Brigade inspector in Gen’l Woodford’s Brigade will Command & is to have two Adju- tants in that Brigade to assist him. On Sunday at 10 OClock in the forenoon all the Brigades inspectors with the Officers & non Commissioned Officers who are to mount Guard on Monday will attend at head Quarters when the inspector General will instruct them in what is to be done the next day. Baron Staiben Lieutenant * * * [General ?]....in the foreign. Service & a Gentleman of great military experi- ance having obligenly under takein to exercise the office of inspector General in the Army. The Commander in Chief

1 Gustavus B. Wallace, according to Heitman, was commissioned Major of the 15th Virginia, October 4th, 1777 ; lieutenant colonel March 2oth, 1778; was taken prisoner at Charleston, S. C., May 12th, 1780; trans- ferred to 2d Virginia February rath, 1781, and served to close of the war. —See Hayden’s Virginia Genealogies.

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till the pleasure of Congress shall be known desires that he shall be respected & obeyed as such, he hopes & expects that all Officers of what ever rank will aford him every aid in their power in the execution of his office. L’t Colo Davis Brook & Barber & Mr. Tarnant are appointed to act as sub- inspectors, the three former Gentlemen retaining their rank & Station in the line, the importance of establishing a uni- form system usefull for manoeuvring such as be obvious, the deficiancy in our army must be equally so, the time that we shall propably have to introduce necessary reformation is short & without the most active exertion of all Officers of every Class it will be impossible to the advantage proposed which are of the greatest moment to the success of the en- suing Campaign, arguments shorely need not be multiplyed to kindle the Zeal of Officers in a matter of such essential Con- sequances to our own honour the advancement of the Service

& the prosperity of our Arms.

R. O. March 29! As it is expected the Officers Com- manding Companies has by this Compleated the Rolls of Cloathing of their difrent Companies, a due attention to the after B. Orders of the 26-Currant is expected, each Soldier must once a week produce all the Cloaths he is possessed of in presence of an Officer of the Company he belongs to, which must agree with the list in their Roll, under penalty of severe punishment.

B. O. March 29, 1778

As the price of the Cloathing drawn by the Gent’n Officers in the Virginia Line cannot -be assertained at present, and as the Brigadiers are in some measure accountable to the State of Virginia for the Cloathing drawn, they wish to make a remitance in part, and therefore Request the Officers in each Regiment to pay into the hands of their Paymaster such a sum of money as they shall think adequate to the Cloathing each Received, the Paymasters are to keep an account and give Receipts for the money received, and then pay to Col’o

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REVOLUTIONARY ARMY RECORDS. 169

Palfrey Paymaster General who will give him a Receipt for the money paid by each Regiment, the Brigadiers at the same time will have the accounts regularly Stated, and give each Officer Credit for the same.

In Brigade Orders of the 27th a return was ordered to be made immediately of the Armourers & Smiths in the diferent Regiments, which order the Adjutant of the State Regiment only Complyed with, it is expected the Adjutants of the other Regiments will without loss of time give in their Returns and be more punctual in future.

Head Quarters March 29, 1778

Brigadier Gen’l to morrow Varmons F. O. L’t Col’o.

Harney & Maj’r Peters, Brigade Maj’r Ogden.

As the Stormy weather provented the Brigade inspectors &c. from-meating this day agreeable to yesterdays Orders, the Sub & Brigade inspectors with the Officers and non Commis- sioned Officers who were to have assembled this day at 10 OClock will attend the first fair day at the same time & place. The following Officers are appointed Brigade in- spectors and are to be obeyed and respected as such in their several respective Brigades, Col’o Tupper in General Patter- sons Brigade, L’t Col’o Sprout? in Glovers, Maj’r Wallace in

? Lieutenant colonel Ebenezer Sprout, 4th Massachusetts.

Samuel Jordan Cabell, major 14th Virginia, ‘December 20th, 1777; lieutenant colonel 8th Virginia, December 15th, 1778; captured at Charleston while serving with the 7th Virginia, and a prisoner on parole to the close of the war.

* William Hull, major 8th Massachusetts; lieutenant colonel 3d Mas- sachusetts, August 12th, 1779; brigadier general April 8th, 1812; cash- iered April 25th, 1814; died November 2oth, 1825.

5 Nicholas Fish, major 2d New York, November 21st. 1776, and served

to June 3d, 1783.

® Joseph Bloomfield, major 3d New Jersey, November 28th, 1776; re- signed October 29th, 1778; brigadier general U. S. A., March 27th, 1812; honorably discharged June 15th, 1815.

™The name does not appear in Heitman.

8 Probably Major John Huling, 3d Pennsylvania.

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Woodford’s, Maj’r Cabbell* Weedens, Maj’r Hull* Lenards, Maj Fish® Poors, Maj’r Blumefield® Maxwells, Maj’r Brian’ First Pensylvania, Maj’r Hughlin* late Conways, Capt Smith Varnoms, Capt. Conveise Huntingtons, Capt English Mc

Intoshes. Ditto McGowin. C P

G. Muhlenburgs Commissary Forage

Guard I 2 G. O. March 30, 1778

Brigadier Gen’l tomorrow Poor. F. O. L’t Col’o Buford? & Maj’r Porter. Brigade Maj’r McComack.

The General Court Martial whereof Col’o Ogden was Presidant is disolved, and another Ordered to set tomorrow at 10 OClock at the same place, whereof Col’o Vost’® is appoint’d President, and is to try all Prisoners that shall be brought before them, each Brigade gives a Captain for the Court, a Sub Serjeant and two privates from Gen’l Mcln- toshes Brigade, furnished with three days Provision to attend at the Cloathers Store tomorrow A. M to Receive the Com- missary of Prisoners directions as the operation of the in- sueing Campaign wether Offencive or defencive, renders it indispensible necessary that the spare Baggage of the Army should be at a distance from this Camp, and it may be in- conveniant perhaps impracticable for the want of teams, to

® Abraham Buford, major 14th Vitginia, November 13th, 1776; lieuten- ant colonel 5th Virginia, April 1st, 1777; colonel May 15th, 1778; trans- ferred to 11th Virginia, September 14, 1779, transferred to 3d Virginia February 12th, 1781 and served to the close of the war. His command was surprised and cut to pieces by Tarleton in South Carolina. He died June 30th, 1833. :

Probably Joseph Vose, colonel 2d Massachusetts, who was promoted to brevet brigadier general September 3oth, 1783.

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remove it at the instant it may become absolutely requisite— the General desires the Officers will loose no time in disir- gageing themselves from every thing they can possible part with, on the means for removeing it they will consult the

Quarter Master General, who may have empty Waggons re-.

turning from Camp. at a General Court Martial whereof Col’o Swift was President, March 23 L’t Col’o Regnair tryed for disobediance of Orders & refuseing to do duty when re- quired by his superior Officer in a State unbecoming an in- ferior Officer, Acquited of the Charge exhibited against him with honour, his Excellency the Commander in Chief ap- proves the Sentance & Orders L’t Col’o Regnair to be imme- diately discharged from his arrest.

S C P

Head Quarters March 31, 1778

Brigadier tomorrow Muhlenburg.

F. O. L’t. Col’o Regnair & Maj’r Campbell. Brig’e Maj’r Burein, German Town being the place appointed for the meeting of the Commissioners from the two Armies, a strict mutuality and suspension of hostilities are to observed in all the extent of that Village, and all Officers wether Continental or Malitia are expressly forbid to enter either with their Parties or singularly, or to do anything that may in any wise tend to violate the peace which is to subsist in the above mentioned place till further Orders. by permission of the Honorable Congress, the Paymaster General has appointed Thomas Reid Esq’r. to be his assistant, he is to be Considered as such, & the bussiness of that department in the absence of the Paymaster General, to be transacted with him

After Orders Brigadier General Muhlenburg is appointed Brigadier of the day Vice Gen’l McIntosh.

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S P For Guard -- 3 Fatigue 2 Weeks Command . I Gen'l Muhlenburgs. . I 6 2 I 12

G. O. Head Quarters April 1, 1778

srigadier Gen’l tomorrow Patterson

F. O. L’t Col’o Brearly & Maj’r Allison.

Brig’e Maj’r Bailey

Some Brigades were late in sending their men to the Parade this morning, the Gen’l is willing to attribute this to the difference in watches, & to the end that great punctuallity may be observed in future with respect to time, the Adjutant Gen’l is to regulate his watches by the Clock at Head Quarters, the Brigade Majors by his & the Adjutants by their Brig’e Majors.

The Guards at the Brigade is in future to Consist of a Captain & two Subs three Serjeants & thirty six Rank & file whereof one Sub one Serjeant & 16 Rank & file are to be posted on the other side, it is expected that this Guard will be very attentive to their duty and suffer no Soldier to pass without written leave from the Commanding Officer of the Regiment he belongs to.

S Cc P For Guard . ; I 2 Fatigue I 2

Herd Quarters Ap'l 2, 1778

Brigadier G’l tonrorrow Maxwell. F. O. Col’o Baker & L’t Colonel Hubley—Brig’e Maj’r Haskell. A Soldier from each Brigade acquainted with driveing

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REVOLUTIONARY ARMY RECORDS. 173

Waggons to be paraded tomorrow at Guard mounting, and to be imployed in the Waggon Master Generals department till the waggoners who are inlisted for that purpose comes into Camp.

The Inspector of the 1st Pensylvania Brigade will command

the Parade tomorrow. He will bring with him too Adjutants’

of his Brigade, & when the Parade is over, remit the Corm- mand for next day to the Brigade Inspector of the 2d Pen- sylvania Brigade and his too Adjutants, who are desired to attend the Parade tomorrow for that purpose. The same method to be observed in regular Rotation. The Inspector Gen'l purposes exereising the Officers of the 2d Pensy’a Bri- gade at 10 OClock tomorrow and at 11 those of Gen. Poors Brigade. |

As the Stumps and Brush in front of the new line afords an excellant obstacle to the approaches of an Enemy tis ea- pressly forbid that any of it should be burnt by any of the fatigue parties or any others for the distance of extreme muskett range in front of the lines, of which all Officers Com- manding Regiments are to take particular notice. Their is a sufficiancy of ‘Wood within the lines to furnish Stakes for the works.

Col’o Josiah Carrel Hall," Tryed by a General Court Martial held at Willmington the 2oth Ult. by Order of Briga- dier Gen’l Smallwood, wherof Col’o Richerson was Presi- dent, on the Charge of refusing to comply with a General Order issued on an imergency & calculated to aid the Service, which at that Juncture could not other wise be remided, and for Unofficerlike Behaviour in threatning to blow out the brains of any Officer who should head a Party to execute the same—was acquited in the following terms—The Court with respect to the first Charge exhibited against him, are of opin- ion that the order issued in that instante was not Military nor conveyed thro a Military Channel. That the General by conveying it thro the hands of the Quarter Master in the nature of an impressment not even addressed to Col’o Halli

" Josias Carvill Hall, colonel 4th Maryland ; retired January 1st, 1781.

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was an actual confession that he had not a right to expect or exact a Compliance with the Order, by Vertue of his superior Command, and with respect to the second charge, all tho the Court dus by no means approve of Col’o Halls in- tentions or threats of resisting by Force the Officer sent to execute the order, yet as they can easyly account for it from the keen and sensible feelings of a person in his Situation, and as a few moments cool reflection determined him to act otherwise, we acquit him of Unofficer like behaviour and are upon the whole of opinion that he is not guilty of the Charges exhibited him, and do therefore acquit him with honour. Itis with much Concern that the Com- mander in Chief thinks himself obliged with propriety to dis- aprove the determination. He is Clearly of opinion that the Order issued thro Col’o Sherrif Devision Quarter Master was regular & obligatory—Regular because Gen’l Smallwood as Commanding Officer of a detached post must be supposed to be officially Vested with every power necessary for the...... of it, and consequantly that of impressing Horses on any immergency, and because the Devision Quarter-Master was the proper Channel thro wich it shou’d opperate agreeable to the practice of Armies, and to the true spirit and design of General Orders. Obligatory because it was the order of a superior and Commanding Officer and from the face of the evidance appears to have bin founded in the necessity of the Case, and calculated to promote the Service. Col’o Halls refuseall to Comply with the Orders was a blamable opposi- tion to the Command of his superior Officer acting in a line of his duty, and the Violent threats thrown out against any person that shoud head a party to execute it, were highly indelicate and improper. Col’o Hall is released from his Arrest.

At a General Court Martial whereof Col’o Swift was Presi- dent March 23rd 78. Maj’r Thomas Forest,’* Tryed for

"Thomas Forrest of Pennsylvania, major 4th Continental Artillery, February 5th, 1777;- lieutenant colonel December 2d, 1778; resigned

October 7th, 1781.

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REVOLUTIONARY ARMY RECORDS. 175

sending Col’o Craim'* Commanding Officer of Artillery an insolent and unwarrantable letter, it appeared to the Court that Maj’r Forest was President of a Court Martial when he wrote the letter he was arrested for and that it was done by order of the Court, thay are of opinion that he is not person- ally liable for writing the letter, at the same time are of opinion, having Considered the Circumstances that the letter is not insolent or unwarrantable. The Commander in Chief confirms the opinion & Orders Maj’r Forest to be discharged from his Arrest.

S Detail for Guard. .-. . . -- 3 Gen’l Muhlenburgs . . . I 6 2

Head Quarters April 3, 1778.

Brigadier Gen’l tomorrow Wayne. F. O. L’t Col’o Green & Maj’r Varnom. Brigade Major Seely, Inspectors from the 2nd Pensy’a Brigade

A serjiant and nine Men from Gen'l MclIntoshes Brigade prepaired for a fortnights Command to be paraded in the Grand Parade to morrow morning at guard mounting. The works of the new line being very carelessly executed in many parts and the representation of the Engineer to the Officers Commanding fatigue parties haveing heither to bin of no avail. The General Calls upon the several Brigadiers to in- spect the parts which have bin alloted to their several Bri- gades & order their defects to be remided which appears to be principally owing to the weakness of the Stakes and those of the exterior Face being placed too parpendicularty.

8 John Crane of Massachusetts, colonel 3d Continental Artille:y, Janu- ary 1st, 1777; brigadier general September 3oth, 1783.

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At a General Court Martial whereof Col’o Ogden was Presidant March 24—78. William Morgan an Inhabitant of the State of Pensylvania, Tryed for comeing out of Phila- delphia, Stealing a horse & attempting to carry him back to the Citty, found guilty of a Breach of a Resolution of Con- gress dated October the 8th, 77, and extended by another, and Sentone’d to be keep’d at hard labour during the Contest with Great Britain not less than thirty Miles from the Enimies Camp and if he is caught makeing his escape to suffer Death—At a G. C. M. whereof Col’o Vost was President March 31, 1778 L’t Anderson of the 11 Pens’a Regiment, Tryed for behaving in a manner unbecoineing the Character of an Officer and Gentleman, found Guilty of the Charges against him, being a breach of 21 Article 14 Section of the Articles of War, and Sentanced to be discharged from the Service. His Excellency the Commander in Chief approves the foregoing Sentances & Orders them to take place, a Sub from Gen’l Woodfords Brigade and another from Gen'l Scotts to attend at the Adj’t Generals Office at three OClock this afternoon where thay will Receive their Orders.

Gen’! Muhlenburgs . . .

To Be CONTINUED.

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VIRGINIA GLEANINGS IN ENGLAND. 137

VIRGINIA GLEANINGS IN ENGLAND.

Communicated by Mr. Lornrop WITHINGTON, 30 Little Russell street, W. C., London (including ‘‘ Gleanings” by Mr. H. F. WATERs, not before printed).

ANTHONY YONGE, citizen and Grocer of London. Will 23 February, 1635-6; proved 1 December, 1636. My attorney Mr. Thomas Cely to recover my debts and give account to Mr. John Gase in little Eastcheape and my brother Mr. William Yonge. To said Mr. Thomas Cely, merchant of London, 1000 Ibs. of Virginia Tobacco. To Captaine Samuel Matthewes 500 Ibs. of Tobacco. To Denby Church 500 lbs. To Thomas Hunson, my servant, 300 lbs. of Tobacco. To the church of the newe Poquoson 500 lbs. of Tobacco. I acquit Thomas Downum of all debts. My will left in the hands of Thomas Adison to be void. To Thomas Curtis and Mr. William Petty both of the newe Poquoson, Planters 200 lbs. of Tobacco each. To Mr. John Carter of the Newe Poquoson, Virginia, chirur- geon 100 Ibs. of Tobacco. Mr. William Cely to take charge of the bills of lading for tobacco shipt abord Mr. Kinge shippe. Witnesses: Thomas Curtice, John Carter.

Pile, 118.

{It is probable that Anthony Yonge’s place of business in Virginia was at Kechoughtan, the later Hampton. This portion of the colony was quite thickly settled at an early date. This will contains the earli- est notices of Denbigh Church, Warwick county, and New Poquoson Church, York county.

Most of the persons named in the will were well known residents of the lower: Peninsula. Thomas Celey, or Ceeley, the London mer- chant, was no doubt the person of the name who was a member of the House of Burgesses from Warwick River in 1629 and 1639. A deed of record in Elizabeth City county shows that he had a son, Thomas Ceeley, alive in 1698. It was, probably, the son who was sheriff of Warwick in 1663. The son sold in 1691 and 1695 to Col. Wm. Wilson the land in Elizabeth City county which, afterwards as “Ceeleys,” was a well known residence of the Carey family. Thomas Ceeley, the second, had a son, Charles, who was living in Elizabeth City county,

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and then had a wife, Jane. Captain Samuel Matthews was of War- wick county, and was afterards ‘governor. Thomas Curtis was born in 1600, and came to Virginia in the “Flying Hart” in 1621. In 1624 he was in Daniel Gookin’s “Muster” at Newport News. Though the census includes all of Gookin’s men under the head of “servants,” it

_is evident that Curtis was a freeman. He later settled in Gloucester

county, when, as Major Thomas Curtis, he patented large tracts of land. His descendants have been numerous in Gloucester, Middlesex, Spottsylvania, etc. See this Magazine, V, 344, XIV, 92. Thomas Addison was living at Elizabeth City in 1623.]

RICHARD FassaKER, of Stafford County, in Virginia. Will 16 June, 1676; proved 24 July, 1676. Now on board the Raphannocke, Merchant bound for England and having by will, left in Virginia, disposed of my estate excepting what I have on board the Raphannocke Merchant. I desire my friend Mr. Samuel Phillips to sell whatsoever belongs to me on board and return the proceeds to Virginia to Mr. Robert Hall and to Mr. Edward Tomason, trustees to my will in Virginia for the benefit of my children, and also to buy three mourning rings of ros. value and give one to Captain John Plover, one to himself, and one to Mr. George Brent the Posey I would have prepared be to follow me. Witnesses: Samuel Coldham, Wm. Bowie.

Bence, go.

[Richard Fossaker was an early settler in Stafford county, and was a justice in 1664, and sheriff in 1667. One of his sons was Richard Fossaker, who was a Burgess for Stafford in 1702-3. In or before 1693, Richard Fossaker married the widow of Thomas Hatherway, of Stafford, and in 1699 he was the husband of the daughter and heiress of Capt. John Withers, of Stafford. On April 14, 1692, John Fossaker and Elizabeth his wife, of Rappahannock county, one of the daughters and coheiresses of Mr. George Mott, of the same county, made a deed for land.]

ANNE CHEYNEY, widdow of parish of Katherine Cree church, London. Will 28 May 1663; proved 4 October 1667. To be buried either in the Chancel in Creechurch or at my pew dore. To the poor of sayd Parish of Katherine Cree church £10. To the clerk and Sexton of said Parish 20s. each. If I be buried in Creechurch I give the minister 4os.. I give £10 to be bestowed in Bibles to be given to such as want them. To the poor of

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West Ham in Essex £5. To my Cozen Mr. Bartholomew Har- rison £50 and all the money he owes me. To my couzen Mr. Matthew Harrison £50 and all he owes me. To my said cozen Mr. Bartholomew and Matthew Harrison to be equally divided between them a Furniture for a Bed. White Curtain and

Vallans, 2 Boulsters, 2 Pillows, one Redd Rugg, one white

Blankett, 6 chayrs and stools. To my couzen Bartholomew a gold Ring with cornelion stone cutt for a seale, and my couzen Matthew Harrison my watch. I acquit the son and hayre of my couzen John Harrison deceased of all the money my said couzen owed me at his death. To the 3 children of my couzen John Harrison 40s. each. To Mrs. Elizabeth their mother my pearle necklace. To my couzen Mrs. Sarah Taylor £20. To my couzen Mrs. Lettice Hoxton my silver plate trencher. To my

couzen Mr. Robert Waddis 40s. To my 3 couzens Mr. Thomas, .

Mr. Bartholomew and Mrs. Alice Feriman 4os. each. To my couzen Thomas Feriman’s son Thomas and his daugher Susan 4os. each, and to his daughter Mary £5. To my couzen Mrs. Alice Twittie £5 and to her daughter Magdalene 4os. To my couzen' Thomas Gwinne and his wife £5 each. To my Cozen Matthew Billingsbee £5. .To my couzen Anna Roe £5 to be sent out in suitable things to Virginia. To my couzin Pilgram 45. To my cousin Zacheus Ewell £5. To my cousins Mathew and Thomas Pindar each of them 45. To my cousin John Ewell’s wife that was, one bond of £30 that her husband and Mr. Colman was bound to mee before her husband’s death. £20 to the congregation I am a member of to be paid to Mr. Legatt. To Mr. Nye £10. To Mr. Loader £10. Mr. Yates £10. Mr. Greenhill gos. Mr. Foord £10. Mr. Spucogg £5. Mrs. Gray a silver sugar dish. Mrs. Clark and Mrs. Sumner 20s. apiece. Mrs. Campion gos. Mrs. Rolfe 40s. Mr. John Allen £10. Mr. James, Mr. Joseph, Mr. Benjamin Allen 4os.

each. Mrs. Mary Allen £20. To Mrs. Smyth the least stone ©

pott with silver and gilt lide. To Mr. Ashbourne and his wife £2. To Mr. Thrayle £10. To Mrs. Thrayle £10. also my silver pint pot. To Mrs. Foster £5. Betty Foster gos. Mrs. Barber £5. Mrs. Maselin, Goodwife Dandy, Gudwife Turner, Goodwife Dun 20s. each. My mayd Isabell Cocks £3. Toany other servant living with me at my decease 4os. All my linen

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not bequeathed to my friends, my couzen Taylor, Mrs. Cam- pion, Mrs. Thrayle, Mrs. Foster and some of them to Mrs. Smyth and my maid servant. £150 to be bestowed.on my funeral. All the rest to my friend and executor Mr. John Gray. Witnesses: Daniel Trissell, George Whitehead.

Com. London, 1670, folio 254.

{Anna Roe was probably wife of Edward Roe, who obtained the following grants of land: (1) in partnership with John Lewis, 550 acres in Lancaster (now Middlesex) on the branches of Pianketank Swamp. The “Mattapony path,” and “Mr. Potter’s land” mentioned as boundaries, June 29, 1663. (2) 250 acres in Lancaster at. the heads of the branches of the Beaver Dams, “that 1ssueth out of Pianketank River,” “Cheescake path towards Matchepingo.” (3) “Mr. Edward Roe” 250 acres in Gloucester adjoining his own land where he lives, May 27, 1665.]

RICHARD RICHMOND, Cittizen and Leatherseller of London. Will 15 April 1684: proved 23 January 1684-5. [Printed in Waters’ Gleanings, 325 ]

Cann, 9. [A “Mr. Robert Richmond” patented on Oct. 21, 1684, 600 acres on the west side of Cypress Swamp, in Lynhaven parish, Lower Nor- folk county.]

RICHARD WILLIAMSON, Citizen and Merchanttaylor of Lon- don. Will 30 June 1646: proved 5 December 1646. To my loveinge Brother Roger Williamson Residinge in Virginia the summe of twenty shillings of lawfull English money, and I due forgive him all the money which he owes me. To all the chil- dren of my said brother £5 equally amongst them. To my cousen Thomas Williamson £3 and my long blacke cloth Cloake. To my cousen Alice Williamson (his sister) £3 and I forgive her all the money she owes me. To mycosen Anne Nightingale (to whom I have given a porcon in marriage) 5s. To my cousin Sarah Williamson £20 when 21 or married. The lease of my new dwelling house and all the rest of my estate whatsoever to my wife Mary Williamson my executrix.

Witnesses: Edward Boldston, William Tuder, Raphe Daw- son and Chr: fauell Scrivener.

19 September 1657 letters of administration issued to Martha,

sister of said Mary Williamson, wife of deceased. Twisse, 189.

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VIRGINIA GLEANINGS IN ENGLAND. 181

SAMUEL FILMER, of East Sutton, County Kent, gent. Will 17 July 1667; proved 28 May 1670.. To my mother Lady Anne Filmer, my Brothers Edward Filmer, Knight, and Robert Filmer, Esq., and my sister Lady Anne Godstall, widow, mourning rings of 10s. To my friends and cousins Mrs. Frances Stephens, wife of Mr. Samuell Stephens of Virginia, Mr. Archibald Clinkard, of Lynton, County Kent, gent., Mr. War- ham Horsemanden and Susan his wife, and Mr. Anthony Horse- manden, a mourning ring each. My friend and cousin Mrs. Mary Horsemanden, eldest daughter of aforesaid Warham and Susan Horsemanden of Ham in the parish of Lenham, County Kent (between whom and myself there is an agreement of mar- riage), to be sole executrix and legatee of all my estates real and personal. If I live to marry her and have any children, she to have half and the other to our children. Overseers: Mr. Warham Horsemanden, father of Said Mary, and Mr. Anthony Horsemanden, his brother. Witnesses: Anne Godstall, Ursula Horsemanden, Susanna Chapman, Warham Horsemanden. Proven by Warham Horsemanden, father of said Mary Filmer

als Horsemanden, now in Virginia. ; Penn, 58.

[Samuel Filmer was 3d son of Sir Robert Filmer, of East Sutton, Kent, the once famous Tory author. Sir Robert was a strong cavalier and suffered much during the civil wars, during which, it is said, his house at East Sutton was plundered ten times, and he imprisoned in Leed’s Castle, in 1644. Berry, in his Kentish Genealogies, states in- correctly, that Samuel married Maria, daughter of Maurice Hors- manden, of Lenham, Kent. He married (and appears to have survived the marriage only a short time), Mary, daughter of Worham Hors- manden.

Warham Horsmanden was the son of Rev. Daniel Horsmanden, rector of Ulcomb, Kent, and his wife, Ursula, daughter of Sir War- ham St. Leger, of Ulcombe. Rev. Mr. Horsmanden was a loyalist and was expelled from his charge, and his son Warham removed to Virginia, where he was member of the House of Burgesses for Charles City county, 1657-’8, and 1658-’9, and appointed to the council in 1657. After the restoration, Warham Horsmanden returned to England. Mary, daughter of Warham Horsmanden, married secondly, Col. Wm. Byrd, of Westover, Charles City county, Va. Her tomb, which states that she died Nov. 9th, 1699, in her 47th year, remains at Westover.

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There were a large number of Kentish peopie of this connection who came to Virginia, Diggeses, Codds, and Fleets. Henry Filmer, who settled in Virginia at an earlier date appears to have been an uncle of Samuel Filmer. He was member of the House of Burgesses for James City county, 1642-3, and a justice of Warwick where he finally made his home in 1647.

He obtained the following grants: (1) Henry Filmore, 1,000 acres in the county of James City, on Chickahominy River, near Warren's landing, adjoining the land of John White, 350 acres thereof formerly granted to John Orchard, Aug. 15, 1637; 350 acres granted to John White, April 29, 1639, and 300 acres granted to Thos. Stout, April 10, 1639, and by the said Filmore purchased from them, now granted to him Feb. 6, 1653. (2) Mr. Henry Filmore, 360 acres in Warwick formerly granted to Anthony Barham and lately found to escheat Oct. 27, 1673.

In Isle of Wight county is recorded a bill of exchange dated June 16, 1668, on “Mr. Robert Filmer, Esq., living near ye Talbott, at ye sign of ye Goat, London.” and signed “Your Loving Uncle, Henry Filmer.”

The brother Edward, named in the will, was a gentleman of the bed chamber to Charles I and II, and died unmarried in 1669. The brother Robert was created a baronet in 1675. These Filmers de- scended from a sister of Sir Samuel Argall, governor of Virginia.]

RAPHAEL THROCKMORTON. Will 10 September 1669; proved 3 May 1670. Penn, 68.

[Abstract printed in Virginia Historical Magazine, Vol. X, p. 320.]

RosBerT Rose, of Rochester, County Kent, being engaged in Maritime affirs. Will 7 October 1666; proved 5 October. 1670. To my Brother Edward Rose 5s. To my Brother Christopher Rose 1s., and to each of his children 1s., but to his son Robert I give 20s. To my Brother Thomas Rose, now in Barbadoes, 5s. All the rest to my wife Mary Rose, my sole executrix, but in case it should be otherwise I appoint My Brother Chris: Rose and my Brother Henry West, dwelling at Warwicksqueare in James River in Virginia, to be by them equally divided and enjoyed. Witnesses: Marmaduke Bladder, William Pearson.

Penn, 149.

[Henry West with John Portis patented 900 acres on the branches of Blackwater, Isle of Wight county, 1673. He took part in Bacon’s Re-

VIRGINIA GLEANINGS IN ENGLAND. 183

bellion, and by court martial held Jan. 24th, 1676-7, was found guilty of treason and rebellion, was banished irom Virginia for seven years and all of his estate except £5, forfeited. It is possible that his sen- tence was not carried out.]

ANTHONY Bacon, of Cyfartha, county Glamorgan. Will 14 June 1785, written 13 May last: proved 25 February 1786 and 27 March 1787. All my estates etc. to my executors to be dis- posed of as follows: To my wife Elizabeth Bacon an annuity of £700, my coach, and two of the best horses. To my neice Elizabeth Bacon £5000. To my relation the Reverend Thomas Richardson an annuity of £200 to be paid out of the profits from Herwin Furnace. To my relation Anthony Richardson all the debt which may be due to me at my decease from Gilbert Franklyn, Esquire, of the Island of Tobago. To my half brother William Bacon £500 and all my estate in the Province of Virginia which I hold in partnership with Sundry Gentlemen, called the Dismal Swamp, containing I suppose 30,000 acres, and all debts due to me in the several provinces of North America, desiring him to pay to the two daughters of my late brother the Reverend Thomas Bacon, now living in Maryland, one fourth part. My Executors to spend what money they think fit for the education and maintenance of the children here- after mentioned which | acknowledge to be my own: The Rev- erend Doctor Samuel Glasse, Mr. William Stevens of Broad Street, London, Mr. Thomas Harrison of Whitehaven, and my agent Mr. Richard Hill at Cyforthe, Dr. Glasse £1000, Mr. Stevens £500, Mr. Harrison £500. To my godson Anthony Bacon Richardson £100. Godson Anthony Speeding £50. Goddaughter Elizabeth Hill £50. Cousin Ann Younger £100 and Cousin Mary Brownrigg 4100. To Mary Bushby £1000, and she is to receive for the maintenance of her 4 younger chil- dren, viz: Thomas, Elizabeth, Robert and William £50 a year for each till they are taken away to go to school. To Anthony the eldest son of the said Mary Bushby, who is at the time of writing this will at school at Gloucester, under the care of the Reverend Mr. Stocke, by the Name of William Addison, May the 13th, 1785, all lands I hold under Earl Talbot and the late Michael Richards, Esquire, of Cardiff, in the parish of Merther Tidville, county Glamorgan, also the blast furnace called

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Cyfartha Furnace, and the forge now let to Francis Homfray. To Thomas son of Mary Bushby and brother to above named Anthony, Leases held from Earl of Plymouth and the freehold , estate bought of Mr. Philips. To Robert, 3d son of said Mary, my furnace called Herwin bought from Maberry & Wilkins of Brecon. To Mr. Harrison of Whitehaven my estate in Cum- berland for the following purposes: To Elizabeth, daughter of said Mary Bushby, an Annuity of £300. This is the best way’ to provide for her as it has pleased God to afflict her with lame- ness. To William, the youngest son of said Mary, who was born at Gloucester in the month of March 1785, the remainder up to £10,000. If any of my said children and the children of said Mary Bushby die their share to remainder. If all my sons, the children of Mary Bushby die, my estate between my neice Elizabeth Bacon and my cousins Thomas and Anthony Richard- son. Witnesses: Richard Crawshay, John Cocksfrutt, James Sutton. Norfolk, 70.

[The first Dismal Swamp Company was chartered by the General Assembly in 1764. Rev. Thomas Bacon wa’ rector of St. Peter’s church, Talbot county, Maryland, and collected the laws of that colony, In 1751 he started a scheme for a charity school in Talbot county. Many Virginians contributed. See IVilliam and Mary Quarterly, VII, 142, 143.]

Sirk NATHANIEL HERNE, Knight and Alderman of London. Will 12 April 1677; proved 28 August 1679. Estate of Nathaniel’s brother Nicholas left to disposal of Nathaniel, valued at £10,868 ros. 6d. Two thousand, one hundred pounds laid out in purchase of lands called Broomfeilds parish of Step-

ney, county Middlesex, which I purchased of Captain Arnold

Browne. Said lands to such of my sons as shall be my eldest at my Death. The rest of my brother's estate to be equally divided amongst my children. My house in Cheapside, parish of St. Vedast, called the three Cockes, in possession of James Lapley, and the back house in possession of John Garrett, to my son Nathaniell. To Dame Judith, my wife, apparel, jewels, £8500, my coach and horses, and the lease of my house. If all my children die before 21 years, then thcir poriions to my

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VIRGINIA GLEANINGS IN ENGLAND. 185

brother Joseph Herne and his children. The interest of £600 to my sister Sarah Hall, the wife of Joseph Hall, Merchaunt, during her life, and after to her two daughters Sarah and Susannah Hall. To Alice Ostler, sister of the whole Bloud of said brother Nicholas, £30 per annum. The leases of my houses in Purse Court and Old Change which I purchased of William Townes, citizen and Draper, to my son Thomas. To Sir John Frederick, Alderman, £100, and Dame Mary, his wife, £20. To my brother Joseph £500 and saddle horses; to Elizabeth his wife £25. To my brother Thomas Fredericke £20. To Leonora his wife £50. To my Sister Rebecca Fredericke £5. To my cousin William Wheately £100. To his wife £20. To John Banckes of London, merchant, £100. To Rebecca his wife £20. To Mary Boys of the city of Nor- wich £20. To Isac Tillard of Plimouth, merchant, £20. To Prudence, his wife, £10. To Ephraim Skinner of London, merchant, £20. To Anne his wife £10. To John Gunstone of London, merchant, £10. To William Moses of Grayes Inn, Esq., £10. To all my servants 40s. apeece. To my brother Joseph’s children that shall be living £20 apeece. To my apprentices £10 apeece. Executors and guardians of my chil- dren: Sir Jchn Fredericke, Joseph Herne, William Wheatley and John Banckes. ‘‘Item: I give 20 shillings to Whit- lock, wife Whitlock of Virginia, daughter of my brother John Herne, deceased.’’ Witnesses: Nathaniel Whitwell, Daniel Short, Wi: Wyndham, Will: Yeo. (Administration 29 Decem- ber, 1694, to son and heir Nathaniel Herne of estate left unad- ministered by Sir Joseph Herne, one of the executors, Sir John Frederick and William Wheatley being deceased, and John Banks not appearing when cited.—Probate Act Book 1699, folio 229.)

King, 107.

(TO BE CONTINUED)

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VIRGINIA MILITIA IN THE REVOLUTION.

(CONCLUDED)

1777. Feb'y. 7. Veal, Thomas, for Timber & Wood for the fort & Troops at Portsmouth, 206. 9. 6.

8. Vance, Samuel, for Waggon hire on the Cherokee Expe- dition, 21. 3. 6.

24. Upton, Joseph, for 1 Gun furnished Capt. Ballows Min't Comp’y, 4. 15.

27. Vaughan, Andrew, for Express to Col. Nevill, 12 Miles, p. Accot., —. 9. —.

August 5. Veal, Thomas, for pine trees furnish’d for the use of Fort Stephen, p. Accot., 60. 15.—.

Sept. 22. Venable, Nathaniel. for Waggon hire with Prince Edward Militia, p. Accot., 9. 18. 3.

Nov'r. 4. Veal, Thomas, for Trees furnished for the use of Fort Stephen, p. Accot., 9. 10. 6.

21. Vernon, Richard, for a Gun furnished for the Culpeper Militia, p. Accot., 2. 5. —.

Decem’r. 6. Upshaw, James, for pay as Lieu’t Colo. to the Reg’t. stationed at York, p. Accot., 7. 18. 4.

WW 12. Vance, Patrick, for pay as Surgeon, &c., at Fort Pat- of rick Henry, to 24 July, last, p. Accot., lor. 5. Ad 20. Ditto, for reducing a dislocation to ey Campbell,

Cherok. Exp’n., £2. 10. —.

Oct’r. 19. Veall, Capt. Sam’l, for Pay of his Comp’y, Nor- folk Militia, at Portsmouth, p. Cert., 60. 12. 6.

1776. Dee’r. 28. Westwood, Worlick, for Waggon hire, at- ag tending Capt. Winstons Minute Comp’y, 3. 2. 6. aH 1777. Jan’y. 1. Wilson, Josiah, for pay of his Comp’y of ae Militia to the 28th day of Dec’r, last, 158. 3. 8. ; 7. Watkins, Francis, for one Rifle Gun furnished Capt. ! Ch’s. Allens Min’t Comp’y, Prince Edward, 7. 10. —.

7. Wilkinson, John, for a Gun for Capt. Robert Dixon’s

Min’t Comp’y, 3. 5.—.

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VIRGINIA MILITIA IN THE REVOLUTION. 187

8. Weisiger, Samuel, for a Gun furnished Capt. Edw'd Friend for his Militia in Chesterfield, 5. —. —.

20. Wooton, Thomas, for Express & Wood furnished the Garrison at Hampton, 7. —. —.

20. Wilkins, William, for 1 Drum & fife for his Comp’v, Prince George Militia, 3. —. —.

23. Willoughby, Capt. John, for pay & forage of his Comp’y Militia to 8th Instant, 125. 10. 8.

23. Wilson, Capt. Josiah, for, Ditto, 36. 7. 4.

23. Wilson, Josiah, for one Musket for the Militia at Ports- mouth, 3. —. —.

27. Wills, Capt. James, for pay & forage for Isle of Wight Mil’a to 11th Ins’t, then disch’g, 234. 1. 4.

*Jan’y. 30. Wise, William, for Rum furnished the Artificers at York & Gloster, £12. 6. 10%.

31. Woodfin, John, for repairing 51 Guns, Makeing 51 Bay- onets & Carting, Do., 64. 18. —.

Feb’y. 3. Watts, James, for One Rifle for Capt. Jas. Turn- er’s Min’t Comp’y, Cherok. Exp’n, 5. —. —.

5. Ware, John, for a Drum del’d Capt. Henry Lumpkin for King & Queen Militia, 2. 5. —.

5. Williams, John, for Flour furnished the Culpeper Mil- itia, 3. 13. 10%.

15. Warren, Edward, for provision furnished 75 Militia froin King W’m to W’msburg, 2. 7. 6.

21. Wishart, Capt. Wil’m, Princess Anne Militia, for pay forage & Rations to Jan’y oth, last, 67. 13. 8%.

27. Wilson, Col. John, for Guns &c., furnished the Militia, 32. 5.—-.

Mar. 6. White, William, for 33 days as a Spy, 7 order of Col. Pentecost, 8. 5. —.

11. Ware, Christopher, for fodder & Corn furnished King & Queen Militia, —. 12. 6.

14. Westwood, Worlick, for pay of his Comp’y Militia at Hampton to Feb’y 8th, 60. 7. 4.

14. Ditto, for Waggon hire & Wood furnished at Do. by himself & others, 76. 5. —.

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21. Whitinge, Capt. John, for pay & rations of his Militia

Coney to Mar. 22d, 65. 7. 6. . Wingate, Alex’r, for 14% days Work on Gun Carriages,

2. —.

Mar. 28. Willoughby, Capt. John, for pay & dani of his Comp’y Militia to 27 dec’r, last, £125. 10. 8.

28. Woodhouse, Capt. William, for pay & forage of his Mil’a Comp’y to Dec’r 26, 32. 15. 10.

28. Walker, Thomas, Rey’s for Wages as Lieu’t Col. & p’d for Work at the Cape, 56, 9. 6.

29. Wilson, Col. John, for pay to 27 March & Rations | to March 1 as Col. Norfolk Co’y, 80, 8. 3.

April 3. Wills, Capt. Matthew, for pay & bal. rations of wits Comp’y to the 2d of March, last, 61. 18. 11.

16. Weldon, Benjamin, for 3 Waggon Load of Wood fur- nished, 1. 17. 6.

17. Walter, Benjamin, for 6 loads, Do., 1. 16.—.

23. Wallis, Elizabeth, for 2% cords Do., the Militia at Hampton, —. —.

24. Wilson, Col. John, for pay from Mar. 27, to April 8th, 13 days at 15s., 9. 15. —.

May 6. Westwood, Worlick, for Wood & fodder furnished at Hampton, 4. 9. —.

10. Ditto, for Error in his Accot. settled Mar: 14 last for Wood &c., 10. —. —.

12. Wallington, Paul, for pay as Overlooker to Workmen at Fort Steven (see J. Bressie’s Accot., 1. 16. —.

14. Williams, Capt. Joseph, for the use of 5 Guns 1 year for his Min’t Comp’y, 2. 10. —.

14. Wilson, Nathaniel, for mending Do. for Capt. John Ed- monds, Ditto, 2. 8. 7%.

May 16. Wood, George, for a Gun for Capt. James Turn- er’s Comp. Min’t men, £5. —. —.

16. Wade, Hampton, for do, Do., 5. 10. —.

21. Washington County, for sundries furnished by several Persons, 26. 7. 3.

24. Word, John, for a Blanket furnished to Capt. Tho’s Col- lier’s Min’t Comp’y, —. 17. 6.

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VIRGINIA MILITIA IN THE REVOLUTION. 189

24. Waller, Hardress, for his pay & sundry Workmen at Portsm’th, p. Accot., 477. 14. 8.

29. Westwood, Worlick, for Wood furnished the Troops at Hampton, p. Accot., 5. —. —.

31. Wilson, Richard, for a Gun, Do. & riding Express, p. Col. Flemings Cert., 5. 11. 6.

June 3. Ditto, for a horse bridle, &c., p. order of Committee of Claims, 9. 10. —.

4. Watkins,-John, for damage done a Gun in Capt. Tho's Dillard’s Min’t Comp’y (see J. Dalton), —. 3. 3.

24. Willis, Thomas, Serj’t in Capt. Ab’m Coles’ Vol’r Com- py tor pay, &c., after Deser’rs, p. Accot., 1. 3. 3.

26. Waller, Hardress, for his pay & sundry Workmen at Ports'th 22d Ins'’t inel’d, do., 456. 7. 9.

July 31. Watson, Douglas, Lieu’t, for pay, rations, & forage, Waggon hire, &c., on Cherok, Exp’n, 235. 12. 5.

31. Wallace, Elizabeth, for Wood furnished the Militia at Hampton, p. Cert., 3. 10. —.

August 4. Wilson, Capt. Thomas B., for pay of a fife, Drum, & rep’rs of Drum for Amelia Militia, 4. 7. 8.

5. Waller, Hardress, for pay of self & sundry Workmen at Fort Stephen to the 2d ins’t, 381. 7. 9.

August 20. Wilkins, John, for Northampton Militia, p. Ac- cot., £64. —. 5.

Sep’r. 1 White, Elisha, for a Cart, &c., for Hanover Mili- tia, p. Accot., 9. 13. 9.

2. Wyatt, Capt. Hubard, for pay, &c., of Prince George, Ditto, p. Accot., 78. 8. 9.

2. Wilkins, Capt. William, for pay, &c., of his Comp’y of Prince George Militia, p. Accot., 73. 16.8.

5. Watson, Alexander, for 19 days pay, rations & forage as Major to Bruns’k Militia, 14. 6. 4.

8. Walker, Edmund, for Colours Fife & mending Drum for Amelia Militia, p. Accot., 3. 14. —.

8. Wills, Matthew, for pay & rations of his Comp’y of Warwick Militia, 49. 7. —.

12. Wilson, Benjamin, for Wheat furnished the Cumberland Militia, p. Accot., 1. 5. —.

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17. Waller, Hardress, for his & sundry Workmens pay at Fort Stephen to the 13th Ins’t, 505. 3. —.

18. White, Capt. Elisha, for pay & rations of his Comp’y of Hanover Militia to 22d Ins’t, 199. 2. 2.

19. Whitinge, Thomas, for sundry ferriages for the Gloster Militia, p. Accot., 14. 9. 4%.

19. Winslow, Benjamin, for pay, &c., as Major & Lieu’t Coi. of Spotsylv’a Militia, 18. 12. —.

20. Williams, Capt. Thomas, for Ditto, of his Comp’y Char- lotte Militia to this day, 82. 16. 10.

22. Worsham, Elizabeth, for ferriages to the Chesterfield, Ditto, p. Accot., 2. 4. 9.

Sep’r. 22. Williams, Dudley, for Work done on the Fort at Hampton, p. Accot. & Cert., £8. 15. 9.

23. Walker, George, for pay, forage, &c., as Major to tie Prince Edward Militia, p. do., 21. 7. 4.

23. Witcher, Capt. William, for pay of his Comp’y of Pitsyl- vannia, Ditto, p. Accot., 418. 19. 8.

24. Walker, William, for Oats furnished the Orange Mili- tia, p. Cert., 1. 16, —.

29. Wilson, Capt. Thomas B., for pay, Rations, &c., of his Comp'y Amelia, Ditto, p. Accot., 224. 15. 6.

29. Ward, Capt. Rowland, for Ditto, Ditto, p. Accot, 217. —. 8.

29. Walker, Capt. Edward, for Ditto, Ditto, p. Accot., 210. I. —.

30. Ditto, for Rations due his Comp’y, ditto, on their re- turn, p. Accot., 11. 4. —.

30. Ward, Capt. Rowland, for Ditto, Ditto, p. Accot., 12. 2. 8.

30. Wilson, Capt. Benjamin, for pay, rations, &c., of bis Comp’y, Cumberland, Ditto, p. Accot., 193. 8. 1.

Oct’r. I. Walker, Edward, for pay, rations, &c., as Major to the brunswick Battalion, p. Accot., 36. 4. 4.

1. Williams, Capt. Thomas, for Ditto, of his Comp’y Char- lotte Milit’a, p. Accot., 115. 5. 5.

6. Whiting, Henry, for pay, &c., as Adjutant to the Bruns- wick attal’n, p. Cert., 10. 7. —.

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VIRGINIA MILITIA IN THE REVOLUTION. 191

7. Wilkinson, John, for Provisions furnished Capt. Thomp- son’s Min’t Comp’y, Cher. Exp’n, 1. 5. 2.

Oct’r. 9. Whiting, Peter, for Wood furnished the Militia at Gloster Town, p. Cert., 10. 16. —.

21. Winn, Capt. Richard, for pay, &c., of his Comp’y of Amelia Militia, p. Accot., 41. 8. 9.

23. Westwood, Worlick, for, Ditto, Eliz’h City, Ditto, p. Accot., 61. 8. 10.

Nov’'r 1. Watkins, Micajah, for sundry persons for Guas furnished, p. Accot., 21. 14. —.

1. Woolford, Frederick, for Provisions furnished Dun- more Militia, p. Accot., 1. 2. 6.

4. Woodward, Chesley, for Waggon hire with Bedford, Ditto, p. Accot., 29. 5. —.

4. Wills, Capt. Willis, for pay, &c., of his Comp’y Isle of Wight, Ditto, p. Accot., 167. 11. —.

4. Waller, Hardress, for his & sundry workmens pay, &c., to the Ist Ins’t inclus: p. Accot., 574. 12. 6.

6. Wilson, John, for pay as Colonel to a Batal’n of Militia at Portsm’th, p. Accot., 12. —. —.

7. Williamson, Capt. Burwell, for pay, &c., of his Comp’y of Southampton Militia, p. Accot., II. 1. 4.

8. Walker, Thomas R., for pay as a Commiss’r in moving Inhab’ts of Norfolk & Princess Anne, 37. 18. 9.

8. Woodson, Charles, for Bacon furnished the Bucking- ham Militia, p. Cert., 10. 13. —.

8. Woodson, Drewry, for Diets, Ditto, Ditto, p. Accot., 3. 17. —.

17. Wilson, Capt. Josiah, for pay of his Comp’y of Norfolix Militia, p. Accot., 36. 7. I.

Nov’r. 17. Westwood, Worlick, for Wood furnished the Garrison & house rent at Hamp’n, p. Cert., 15. 12.—.

20. Whitehouse, John, jun’r., for a Gun furnished the Sus- sex Militia, p. Cert., 1. 15. —.

21. Weston, William, for Ditto,, Capt. G. Mason, jun’r. Min’t Comp’y, p. Cert., 3. —. —.

Dec’r. 10. Waller, Hardress, for his & sundry workmens pay to the 6th ins’t inclus: p. Accot., 345. 19. 6

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12. Williamson, Capt. Jesse, for pay & provisions for his Comp’y Sussex Militia, p. Accot., 150. 16. 8.

8. Wright, Joshua, for pay, &c., of sundry Comp’s of Yo- hogania, Ditto, p. Accot., 940. 14. 7.

19. Walrond, Moses, for Rations, &c., for Capt. Cary’s

_Comp’y Warwick, ditto, p. Accot. 4. 10. —.

20. Whiting, John, Lieu’t., for pay, &c., of self & Guard of Gloucester Militia, p. Accot., 9. 8. 2.

24. Winn, Capt. Richard, for pay of Drum’r & fifes, &c., of the Amelia, ditto, p. Accot., 8. 15. 4.

24. Wiiloughby, Capt. John, for pay of his Comp’y Norfolk Militia, p. Accot., 80. 6. 3.

1778. January 6. Whitehead, Capt. Jesse, for pay, &c., of his Ditto, Southampton, ditto, p. Accot., 231. 16. 1.

22. Wilding, Motley, for pay as Drummer to Northumber- land, Ditto, p. Accot., 1. 13. 4.

23. Walker, Benjamin, for a Gun furnished for Cumber- land, Ditto, p. Accot., 2. 5. —.

26. Wall, James, Estate, for Cart hire with Brunswick Mili- tia, p. Accot., 10. 4. —.

Feb’y 3. Washington, Col. Bailey, for pay, rations, &c., to Stafford, Ditto, p. Accot., 174. 7. 6.

6. Waller Hardress, for his & sundry Workmens pay to the 31st Jan’y, p. Accot., 395. I. 3.

24. Wishart, Thomas, Ensign, for pay, &c., of sundry Prin- cess Anne Mil’a, p. Accot., 51. 5. —.

March 9. Wright, David, for sundry persons of Bedfoid Militia, p. Accot., 64. 4. 9.

26. Wills, Thomas & John Russay, for guard’g arms, &c., in Gloster County, p. Cert., 200.

May 6. Wilson, Thomas, for a Rifle Cheroke Expedition,

4.—-. —. 7. Walker, Thos. R., for sundry persons Princess Anne

Militia, 316. 13. 7. 8. Washington, Colo. John, for pay King Geo. Militia,

305. 10. 3. 11. Willoughby, Capt. John, for pay Norfolk Militia to 4th

Dec’r 1777, 168. 3. 8.

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20. Woodson, Drury, for Addition Allowance Waggon hire (See Voucher 13th Sep’r last), 1. 5. —.

20. Wilson, Capt. Josiah, for pay of his Co. Norfolk Militia to the 27 March last, 79. 12. 7.

25. Woodward, Chesley, for Waggon hire Cherokee expe- dition, 45. 13. 6.

25. Williamson, Capt. Burwell, for pay of his Co. Soutli- ampton Militia station’d at Portsmouth, 180. 14. 6.

26. Webb & Landell, for pay 2 Serj’ts Guards Northumb’d do., 7. 9. 4.

May 30. White, Cath’e, for a Hog for Buckingham, do., £1. —. —.

June 2. West, Charles, for pay as a Spy, 10. —. —.

2. Wilson, Richard, for nursing a Militia man from Hali- fax, 3. 5. —.

8. Wright, Joshua, for sundry persons for Yohogania Mil- itia, 250. 6. 5.

23. Wild, Thomas, Diet & Lodging for Militia, p. Cert’e, I. 10. —.

27. Weeks, Capt. Amos; for pay, &c., of his Comp’y of Prin- cess Ann Militia, 180. 17. 7.

29. Wright, David, for Provisions & horse hire Kentucky Militia, 81. 7. —.

July 6. Whiting, Capt. John, for Pay of his Comp’y Gloster Militia stat’d at W’ms’g, 46. 11. 6.

9. Whitfield, William, for Dietting, committing & releas- ing Des’ters, p. Accot., 15. 15. —.

Aug’st. 1. Ward, John, for Provisions furnish’d Bedford Militia for Lead Mines, 121. 7. —.

Sept'r. 15. Walker, Hugh for

Oct’r 13. Washington, Colo. John, for Provisions for King George Militia, 12. 18. 7.

16. Woods, Sam'l., for Additional Allowance Waggon hire Bedford Do., 4. —. —.

22. Wilson, William, for Pay of his Com’y Norfolk Militia in Apprehending Tories, p. Cert’e, 80. 12. —.

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22. Westwood, Capt. Worlick, for Pay of Eliza: City Mili- tia, p. Cert., 37. 4. 4.

Oct'r 30. Wilson, Colo. John, for an Express to raise Pit- sylvania Militia, £2. 8. —.

Nov'r 5. Wallace, Peter, for Powder furnish’d Rocking- ham Militia, p. Cert., 14. 17. 6.

16. Wilson, Ensign Joseph, for Pay of himself & Com’y

Bottetourt, Do., 45. 11. 8. Dec’r 4. William Barnett, for Bacon & Meal to Essex re-

cruits, p. Cert’e, 2. 10. —.

7. Wilson, Lieut’t Willis, for pay of his Com’y Militia from York at W’ms’b, p. Pay Roll, 25. 7. 8.

7. Wilson, Capt. Benjamin, for Halberts & fife for Cum- berland Militia, p. Cert., 2. 14. —.

16. Wilson, Capt. Joseph, for Rations om’d in his Pay Roll 16th Nov’r, 3. 4. —.

1777. June 18. Young, Robert, for Rations to Feb. 17 last, p. Accot., 1. 13. 9.

1778 Jan’y 10. Yuille, Capt. esse, for pay, &c., of sundry

Prince Will'm Militia, p. Accot., 197. 11. 5.

GENEALOGY.

THE MALLORY FAMILY.

The instalment of this genealogy, from causes beyond any one’s con- trol, could not be published with this number. It will appear in the next

issue.

THE BRENT FAMILY. Compiled by W. B. Cui_ton, Washington, D. C. (CONTINUED.)

OXHILL REGISTER.

1615. 20 July Anthony Andrews & Israell Brent. Bloom MSS. Warw. Coll. Vol 4, p. 49.

Note from the Hughes MSS. (in possession of Miss Freeman, of

Hidet). Johnson of Will Freeman sold 3 of his 11 yardlands in Stretton to

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GENEALOGY. 195

Richd. Bate 18 May 1579 & a few years later another estate of a mes- suage and 4 yardlands.

Richd. Bate of Little Wolford sold these to Mr. Brent 20 Sep. 1, Jas. I (1603) for £1200.

Brent with the consent of Barbara his mother, widow of John Brent Esq. sold them to Robert Purser & Joan his wife of Ratcliffe, Co.

Middlesex, Pulley Maker, 21 Oct. 1652. Ibid, p. 114. Simon Archer M. S. quoted in Haenper's Dugdale, p. 442. Mr. Brent is Ld of Stoke. Bloom MSS. 25, p. 51.

Bearley Parish Register. 1741. 24 Feb. John Brant to Elizabeth Greaves. Ibid, Vol. 32, p. 41. Welford-on- Avon, Co. Glouc. Mrs. Mary Brant, buried 17 Jany. 1659-’60. Deeds at Warwick Castle. Bargain & sale of Larkstoke & Keerwle Lady Brooke to Mr. Grevile. No. 236822924. Fine dated Octave of the Purification 4 Chas I (1629) Between Sir Jobn (?) Cook, Kt Sir Francis Swift, Kt. Michael Mallet Esq. & Wm. Vyner, Gent. quer. 2 Richd. Brent Esq. and Elizabeth his wife & Full their sm of the Manor of Admington etc. No 2898 b.

Defeasam of Mr. Brent statute. 4 March, 19. Jas. 1 (1622). With the seal of Arms of Brent. Ibid, 2899.

Lease of Larkstoke for 14 years from Richard Brent to Fulke Reed &

others. 30 July 20 Jas. I (1623). Ibid, 2900. Reasurance of Larkstoke 10 May 22 Jms. 1. 1625. Ibid, 2901. Counterpart of last. Ibid, 2902. Robert Lord Brooke's security to the executors of Francis Ld. Brook

29 Sys. 14 C. II (1634). 2903. Particulars of Larkstoke. 2906. Rental there. A. D. 1680. 2907. Rental 1673. 2908.

Blockley Register, Co. Wore.

Mr. Will Brent of Long Compton to Mrs. Hellen Parry of Northwick,

22. May 1651. . Tedington Register, Co. Wore.

Elizabeth daughter of Nathaniel Brent, Gent. of Armscot bapt. Aug. 8. 1642.

Barbara daughter of Nathaniel Brent of Armscot, Gent. bapt. 30 Nov. 1640.

Mrs. Barbara Brent the elder of Armscott, buried Aprill 6th, 1657.

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196 VIRGINIA HISTORICAL MAGAZINE.

Margaret the wife of Nathaniel Brent buried 15 Jan. 1663, of Arms- cott.

Nathaniel Brent of Talton buried 3 March, 1672.

Wolford Register Transcripts.

William Brent Gent., buried 3 March, 1632.

Richard son Richard Brent burd. 8 June, 1630.

Richard Hurst, clerk, of Toddenham to Anne Brent, 9 April 1630 (or ?).

William son of Richard Brent bap. Oct. 23, 1627.

Burmington Transcripts. William Brent to Margaret Randall, 3 Feb. 1622. Iimington Register.

1626. Nov. 7. Richard, s. of Richard Brent, Bap.

1630. Aug. 25. Katherine, d. of Mr. Rich. Brent.

1637. Aug. 7. Anne, d. of Mr. Richd. Brent of Stoake.

1639. May 7. Cath. d. of Rich. Brent, Gent.

1663. May 4. Margt. & Mary twins of Mr. Robert Brent, Stoake born 6 April.

1665. Oct. 20(?). Elizth. d. of Mr. Robert Brent of Larke Stoake.

1667. July 30. Fulke eldest s. of Mr. Robert Brent of L.S. born

July 23. Burials.

1595. Aprils5. Wm. Brent of Admington, Co. Glouc.

1630. Aug. 20. Mary wife of Richard Brent the elder.

1652. Mayr. Richard Brent.

1656. July 14. Elizth. d. of Mr. Rich. Brent of Stoak.

Dec. 20. Francis, daughter of Mr. Richd. Brent. March ig. John Brent.

1657. April 3. Mary Brent.

1666. June 22. Margarett wife of Mr. Richd. Brent of Stoake.

1674. Aug. 19. William s. of George Brent, Gent.

1678. July ro. Joanna wife of William Brent of Foxcort, Esq.

Limington, Co. War.

The burial place of the Brent family is in the North Transept, where are six small shields in the floor with the Arms, a griffin segreant and the Motto “Silentio et Diligentia,” upon the wall is a brass plate inscribed: [See Vol. XIV, 96 ]

CHARLECOTE. Baptisms.

1681. Aug. 16. Elizth, dau. of Nathaniell & Anne Brent (Born July 25th).

1684. Sept. 14. Helena daughter of Nathaniell and Anne Brent, born Dec. 6.

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GENEALOGY. 197

1685. March 18. William son of Nathaniell & Anne Brent. Born Feb. 18.

1687. Oct. 31. Anne, daughter of same, born Sept. 30.

1688-9. March 2. Nathaniell, son of same.

Burials.

1684. Dec. 26. Helena, daughter of Mr. Nathaniell and Anne Brent.

1689. Sept. 8. Ann, wife of Mr. Nathaniell Brent, dyed Sep. 6.

1689. Sep. 8. Mr. Nathaniell Brent, dyed Sep. 8.

Ettingion, Co. War.

Mem. Magister Joh Brent in Artibus Mter. apud oxon et hujus eccle- siae, vicarius dignissimus, supultus erat in australi parte ecclesiae, primo die mensis martii Ad 1669.

Jan. 16, 1675, buried Jane Brent de Tolton.

Gabriel Croft, Generosus uxorem duxit Jonam filiam Johanis Brent quondam vicarii hujus eccliae.

vesham, Co. Worc. (All Saints’ Parish.)

1703. Oct. 27. William Brent to Joan Perkins both of Studley. 1589. Oct. 3. Thomas Brantt to Jane Travys.

Quinton, Co. Glouc.

4-5. Philip & Mary June 18 (1557). William, son of Thomas Baston alias Brent. Elizth. April tr (1562). John Brent. 28. Elizth. (1586). Julie William son of William Brent, Baptd. 9. Jas. I. Feb. 16 (1612). Anne, dau. of Richd. Brent, Esq. of Admington born Feb. 10. Marriages. 3. Elizth. Feb. 19 (1561). Thomas Brent to Anne Mathewe. 27. Elizth. Oct 6 (1585). William Brent to Anne Bowker. 40. Elizth. Aug. 8(1598). Mr. Richard Catesbie to Mrs. Mary Brent. 5. jas. I. Feb. 7 (1608). Mr. Wm. Leving (?) to Mrs. Elizth. Brent. Burials, 8. Elizth. April 3 (1562). Thomas Brent. 36. Elizth. Jan. 30 (1564). John, son of Anue Brent. 1. Mary, Nov. 24 (1553). Thomas Brent of Admington & Elnor Hires of Alcester ( Anlcestor).

SoutH LITTLETON. 1558. Alice Brant, mother to Jane Buston, burd. 1546. George Stanton, servant to Richard Brantt, Nov. 11, 1546. 1546. Richard Alen of Eveshame St. Lawrence to Jane Brant my s’vant of thys pareshe Sept. 12, 1546. Rychard Brant & Margarye Amarye, Wyddowe, Nov. 7, 1546, Burmington, Co. War. ( Transcripts.) 1622. William Brent & Margaret Randall 3 Feb.

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1938 VIRGINIA HISTORICAL MAGAZINE.

THE BRENT FAMILY OF CANTERBURY.

Referring to the Dane John (properly Dungeon) Mansion, Canterbury’ Sir Henry Cole, writing in 1860, says :

* * * “After the Chiches it became the property of the Brents— probably a branch of the Brents of Charing and of Allington Castle, Kent, their arms (the wivern) being displayed in stone in the tower ot former church, as it was on a tomb in All Saints’ Church where Roger Brent was buried. He was Mayor of this city (Canterbury) in the years 1470-71-76. Somner further relates that after the Brents the Butlers, then the Hales and then the Lees became the proprietors of the Dane John Manor. The massive orchard walls and vast foundations of the old mansion showed that it was once a building of substantia! and imposing character.” *

The part of the older castle (built by William I) which lay outside the new city bank was possessed bya family by the name of Chiche from the time of Henry II (1154-1189) to the time of Edward IV (1461-1483), while the Dungeon Hill itself remained Royal property. The Dungeon Hill was eventually converted into a city pleasure ground.t+

In Harbledown Church, Canterbury, is a stone with shields for coats of Arms for Roger Brent, 1525. First a wyvern, agent—Brent. Second Brent, impaling quarterly—first and fourth Martin, second and third Boteler, three covered cups ¢

Among curious local customs of the early days Sir Thomas Cole records that “in 1556 the Mayor, before Christmas, was bound to pro- vide for his wife, the Mayoress, one scarlet gown with a bonnet of velvet made for her to wear according to the ancient usage of the City, under the penalty of £10.”

The will of Roger Brent, probably the Roger Brent who was Mayor 1470-1476, is in Latin, and contains many interesting details. The following is a translation : F

P. C. C. Milles 5. (Latin.)

The Will of Roger Brent, of Canterbury, Gentleman. Dated 24 Feb. 1486-7. Proved 30 Oct. (1487).

I bequeath my body to be buried in the chapel of the Blessed Mary of All Saints, Canterbury.

I bequeath to the high altar there, for my tithes and offerings, forgot- ten, ros. To the light of the Nativity of our Lord and the three Kings

* Felix Summerly’s (Sir Henry Cole) Hand Book for Canterbury, 1860.

Dane John Mansion was destroyed to make room for a railway about 1860.

+ Early Norman Castles af England. English Historical Review, by Mrs. S. Armi- tage, April, 1904.

t Caterbury in the Olden Time, by John Brent.

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. GENEALOGY. 199

of Cologne there, 5 tapers each weighing half a pound every year at Christmas for three years after my death.

To the light of St. Catherine and St. Nicholas, two tapers at Easter every year for three years.

To the lights of St. Christopher and the Holy Cross there 12d. each.

1 bequeath to my wife Lettice all the jewels, plate and goods which were hers before our marriage & | make the said Lettice, John Nether- sole and Jobn Carlyll my executors; and Thomas Atwode, esquire, Mayor of the city of Canterbury, my overseer. I give my manor of Dongeon with its appurtenances as well within as without the liberties of the city aforesaid, and 5 acres of land at le Crabtre in Wynchepefeld, which I bought of John Frenmingham & Thomas Lambfyn, executors of William Bennett, to be sold, & the money thereof coming to be dis- posed for the health of my soul.

My wife shall have the tenement in which I live in the parish of All Saints, Canterbury, for her life.

I give to the Mayor of the said city and his successors my messuage called Stonehali in the said parish, provided they build a dwelling for a respectable man and woman to live in, taking the profits to the use of the community of the said city.

My wife shall have for her life my manor or tenement called Shulford & lands in the parishes of Northgate, Hakynton and Sturrey, and after her death the same shall be sold and too marks assigned to a priest to celebrate in the church of All Saints aforesaid. Provided that if my wife bear me a child and pay 350 marks, the premises shall be to my wife for life and after her decease to the said child.

Proved by John Nethersole & Jolin Carlehyll of the City of Canter- bury 30 October (1487).

Of this branch of the family descendants still survive.

A writer in Afarper’s Mugazine, September, 1870, in an article entitled ‘‘ South Coast Saunterings,”’ says:

‘*Canterbury rejoices in a pleasant little park which surrounds a mound called ‘* Dane John,” generally regarded as the old fortress from which the Danes besieged the city. I went there to call upon the most learned antiquarian John Brent, of Canterbury. Mr. John Brent resides where his ancestors did six hundred years ago, and like several of them is connected with the civic government.”

This John Brent was a member of the British Archaeological Society and the author of many interesting papers upon the subject of local history, among which ‘‘ Canterbury in the Olden Time,” before quoted, is a carefully prepared study of the ancient manners and customs of that quaint town.

(TO BE CONTINUED.)

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200 VIRGINIA HISTORICAL MAGAZINE.

THE BROOKE FAMILY OF VIRGINIA.

(By Prof. St. George Tucker Brooke, Morgantown, W. Va.)

Errata. In the July number make the following corrections. The first words should read: “IV. Mary m. Col. Baylor Hill, issue.” The jast line on p. 102, is out of place. It should immediately follow on p. 103 the line reading “1. Major General George Mercer Brooke (see this Mag., April, 1604). A few lines before this the line reading “(Corbin) Pendleton Brooke,” &c., should be stricken out, as it reap- pears in the proper connection in the second line below. After “Rich- ard” in line 7, 4th paragraph on p. 103, add “Corbin, of Laneville. King and Queen county.”

This writer wrote to Hon. A. J. Montague, of Virginia, asking him whether he was not descended from the early Brookes, and if so please to trace his descent. The following is the reply:

Lewis Montague (son of Captain Lewis Montague, born about 1759), married Catherine Brooke, daughter of John William Brooke, of Essex county. His will bears date’ September 21st, 1795, recorded April 20th, 1802, in which he mentions the following children:

1. Ann Vass; 2, Jane, b. 1787, m. Lewis Beaman, removed to Illinois, number of children; 3, Latane, b. 1789; 4, Catherine, b. 1791, m. Lewis Seward, of Middlesex county, d. 1823: 5, Lewis Brooke, b. March toth, 1793; 6, Lucy, b. 1797, m. Aeneas Montague, of Mt. Prospect, Essex county; 7, Francis, b...... m. Mr. A. M. Clondis.

5. Lewis Brooke Montague, m. Catherine Street Jesse at “Ellas!ee,” in Middlesex county, June 14th, 1818. There were ten children of this marriage, the eldest Ro. Latane Montague, being my father. Thus you see that I am the direct descendant of the marriage of Lewis Montague and Catherine Brooke. The above information I have substantially transcribed or copied from the genealogy of Peter Montague, the pioneer emigrant to America, coming over with Sir Francis Wyatt, in the ship “Charles,” in 1621. If I can serve you further, please call upon me.

April 4, 1907. A. J. Montacve.

It may be remarked in regard to the letter from Gov. Montague that this writer has not been able to find any one who belongs to the Brooke clan of Virginia who was not lineally descended from Robert Brooke, Sr., who was commissioned a justice of the peace of Essex in 1692. He had three sons only, Robert, Humphrey, and William. It is entirely certain that the aforesaid John William Brooke was

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not descendeed from any of those three. But it is possible that Robert Brooke, Sr., had brothers, although this writer has not been able to find any trace of them. But it is certain that six or eight men named Brooke lived in Virginia before 1650. John William Brooke, therefore, must have been descended from a brother of Robert Brooke, Sr., (if he had a brother), or from one of the six or eight Brookes who lived in Virginia before 1650.

A correspondent writes that in the Journal of the Maryland House of Burgesses (if that is the title of the body) for 1647, a “Mr. Francis Brooke” is excused for non-attendance “for drawing of his wine.” This antedates by nearly three years the arrival in Maryland of Robert Brooke with his eight sons.

HUMPHREY BROOKE OF FAUQUIER, b. 1730 (?) d. 1802.

Humphrey Brooke, of Fauquier, was the son of Humphrey Brooke,* Sr., whose wife was Elizabeth Braxton, daughter of George Braxton, Sr. He was clerk of the county court of Fauquier from 1759 to 1793—34 years—and was succeeded in that office by his son, Francis Brooke, who held the office for 12 years—until 1805. He was also clerk of the circuit court of Prince William county from 1789 to 1793, and was succeeded in that office by his son, George Brooke, who held the office until 1805 (Johnson’s Memorial of Virginia Clerks, pp. 176- 320). A member (who has since died) of the Conrad family, of Winchester, Va., who are lineal descendants of Humphrey Brooke, of Fauquier, told this writer that there is in the Conrad family a letter written by Humphrey Brooke to his daughter Katherine, wife of Burr Powell, dated Dumfries and speaking of Dumfries as home. Dum- fries is in Prince William county. This letter can not be found. He was certainly clerk of the Virginia Senate in 1786. The resolution of the Virginia Legislature, January 21st, 1786, appointing Edmund Randolph, James Madison, jun., St. George Tucker, and others, to the Annapolis Convention is signed “John Beckley, C. H. D.; H. Brooke, C. S.”. He was a member of the Virginia Senate from 1791 to 1802. But the most important service of Humphrey Brooke. of Fauquier, to his country was as delegate from that county to the Vir- ginia Convention, which met in Richmond, June, 1788, to ratify or reject the “new” Constitution of the United States. He was one of the 89 who voted for ratification, as against the 79 who voted for rejection.

The Spotsylvania County Records, Vol. I, p. 517, say that Humphrey Brooke was 2nd Lieutenant of Foot in Spotsylvania county, and that

*See this Magazine, July, 1902, p. 89; z47d., Oct , 1902, p. 197; thid., July, 1903, Pp. 95; thid., Jau., 1907, Pp. 327.

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his commission was dated May 4th, 1756. But this Humphrey Brooke was probably the 3rd son of Robert Brooke, Jr. the Knight of the Horseshoe. See this Magazine, April, 1902, pp. 437-8; “Jbid, Oct., 1902, p. 197: J/bid, July, 1905, p. 102-3. Col. George Brooke, of Mantapike, and Humphrey Brooke, of Fauquier, were brothers, and were first cousins of Richard Brooke, of Smithfield. A great-grand- son of Col. George Brooke, of Mantapike, Charles Washington Cole- man, married Cynthia Beverley, widow of Henry Augustine Washing- ton, and daughter of Judge Beverley Tucker; a great grand-daughter of Humphrey Brooke, of Fauquier, Laura Holmes Powell, married John Randolph Tucker, son of Judge Henry St. George Tucker; a grandson of Richard Brooke, of Smithfield, Henry Laurens Brooke* married Virginia, daughter of Judge Henry St. George Tucker. The two Judges Tucker were brothers.

Extract from the wil! of Humphrey Brooke, of Fauquier, which is dated April 17th, 1802, and admitted to probate in the County Court ot Fauquier, 26th day of July, 1802, his son “IF. Brooke” heing Clerk of the Court.

“First. I give to my beloved wife, Milly Brooke,t &c. I give to my son Francis Brooke (Ll) &c and it is my will that all the rest of my estate may be equally divided between my son Matthew Whiting Brooke (I1) and my daughters Ann Brooke (III), Catherine Powell (IV) and Lucey Ingram (V) &c. I lend the use of the household

furniture &e to my daughter Elizabeth Digges (VI) &c. My sons George Brooke (VII) and Francis Brooke have each of them already received &c. I hereby constitute and appoint my son Matthew

Whiting Brooke and my son-in-law Burr Powell Executors of this my last will and testament which I have written with my own hand. The testator mentions his son-in-law Thomas Digges but does not mention his son in law Ingram. Matthew W. Brooke and Burr Powell

qualified as executors and “gave bond in the penalty of Ten Thousand pounds conditioned as the law directs.” Charles Marshall, his son,

Frank’s brother-in-law, was security upon the bond.

*In the July, 1904, issue of this Magazine, p. 103, this name is written Henry Lawrence Brooke. This is a mistake. It should be written Henry Laurens Brooke It is so written in his own handwriting by the late Henry L. Brooke in his own family Bible. and it is so put upon his tombstone in Hollywood Cemetary in Richmond Va. He was named in honor of Henry Laurens of South Carolina. But as Henry Laurens was a cotemporary of Henry L. Brooke's grandfather and was eight years older, this writer does not know why his father should have been named in honor of the distinguished South Carolinian.

+ She was his second wife and had been the second wife and widow of Col. Francis Tomkies, of Gloucester county. This writer is indebted for this information to the kind- ness of Prof, T. J. Stubbs, Sr., of Williamsburg, who obtained it from an old chancery suit of McDonald vs. Brooke, e/ a/., in the records of the court at Williamsburg. Hum- phrey Brooke's children were all by his first wife.

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I. Francis Brooke married Nancy Pickett, daughter of Martin Pickett. Mr. Charles Marshall (grandfather of Mrs. M. M. Green, of Warrenton, Va., whose mother was a daughter of Mr. Robert I. Taylor, of Alexandria), married another daughter of Martin Pick- ett, and Judge John Scott married still another. Martin Pickett was the colleague of Humphrey Brooke from Fauquier, in the Virginia Convention, which met in Richmond, June, 1788, to ratify or reject the “new” Constitution of the United States. Issue of Francis Brooke and Nancy Pickett were as follows:

(A) Martin Pickett Brooke, m.....: McLanahan and died without issue; he adopted the daughter of his first cousin, Mr. Alexander I. Marshall; she married Mr. Moses Green, of Fauquier; he also adopted Catherine Travis Clarkson, who married a son of Chief Justice Mar- shall.

(B) Francis Brooke, m...... Morgan and died without issue. He was the law partner of his uncle (by marriage) Judge Scott, and the settlement of his estate caused the noted Scott and Brooke suit. (See Beverley vs. Brooke, et al.; Same vs. Pickett, II] Leigh, 425; Beverley vs. Brooke, et al.; Same vs. Scott, et al, IV Grattan, 187.) The bitterness caused by this suit is shown by the fact that Mr. Moore, counsel for Brooke, killed R. E. Lee, son of Charles Lee and grandson of “Light Horse Harry.” Lee was son-in-law of Scott.

Il. MatHew WuitinGc Brooke m. Cecilia Gustavus Brown. Issue: 1. Betty Whiting Brooke, m. Dr, Francis Fitzhugh Conway, b. July 29th, 1807, d. Sept. 22nd, 1848, married Dec. 24th, 1835. Issue: i, Cecilia Wallace, b. Nov. 11, 1835; d. s. p.. m. Maj. Clinton McCarty, C. S. A.; ii, Francis Fitzhugh Conway, M. D., b. Lenwood, Ky., Nov. 22nd, 1837, m. Sept. 25th, 1860, Emma C. Hampton, Franklin Co., Ky.; had 9 children; iii, Mary Jackson, b. Dec. 26, 1839, d. June 26, 1844; iv, Edwin Townsend, b. Feb. 19, 1842, m. Aug. 4, 1860, Annie Clarke; v. Mathew Brooke, b. Feb. 5, 1844, d. Oct. 8, 1859; vi, Middleton, b. Feb. 3rd, 1846. (Hayden's Va. Genealogies, pp. 178, 281.)

III. Ann Brooke, d. unmarried. See her will.

1V. CATHERINE Brooke married Jan. 6, 1704, Burr Powell; issue, (a), Humphrey Brooke Powell, m. Ann Boyd, of Berkeley county (now W. Va.); (b), Wm. Levin, M. D., b. June, 1797, d. Sept., 1853; grad. M. D., Univ. Pa., 1819; thesis, “Ascites”; m. his first cousin, Ann, b. Jan., 1800, dau. of Cuthbert Powell, and had Robert Conrad, M. D., C. S. A., b. Aug. 1, 1838; grad. M. D. Univ. Md., 1869; Ass’t Surg. C. S. A., d. May 9, 1890; m. Jan. 7, 1876, Mary Crawford, dau. of William Gregory, and had William Gregory, Llewellyn and Mary Donaldson; (c), Frank Whiting Powell; (d), George Cuthbert; (e), Edward; (f), Nancy, m. Lloyd Noland; (g), Sarah, m. Burr Harri- son; (h), Betty, m. Robert Y. Conrad, (Hayden's Va. Genealogies, 508. )

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(a) Humphrey Brooke Powell, Middleburg, Loudon Co., Va., and his wife, Ann Boyd, had issue as follows:

(1), Gertrude, m. Raleigh T. Colston; (2), Laura Holmes, m. John Randolph Tucker; (3) Louisa, m. Wm. Holliday; (4), Wm, Levin, m. Evelina Tucker Magill, daughter of Dr. Alfred T. Magill and grand- daughter of Judge Henry St. George Tucker; their son, Dr. Wm. Levin Powell, is practicing medicine (1906); (5), Sallie, m. Jacqueline Harrison; (6), John Webb, m. ; (7), Katherine, m. Ma- gruder; (8), Marietta, m. 1st, Richard Holliday, of Talbott Co., Md., m. 2nd, Chas. Gibson, U. S. Senator from Md.; (9), Jane Milicent, m. Clement C. McPhail, of Charlotte Co., Va.: (10), Elizabeth, d. y.; (11), Hunter Holmes, m. Emma Baker, of Winchester, Va.; (12), Philip Pendleton, m. : (13), Raleigh Colston, m. ;

Issue of Laura Holmes Powell and John Randolph Tucker is as

follows: (a) Evelina Hunter Tucker, m. Wilmer H. Shields, of Natchez.

Miss., at Lexington, Va., Nov. 30, 1876 (issue, 2 sons, Randolph Tucker and Gabriel Benoist Shields); (b), Anne Holmes Tucker, m. Dr. Wm. P. McGuire, of Winchester, Va., June 8th, 1871, at Lexing- ton, Va. (issue, Laura Holmes, Hunter Holmes, Leila Moss, Ran- dolph Tucker, Evelina Tucker, Willie Tucker (a girl); (c), Virginia Brooke Tucker, m. John Carmichael, of Georgia, Feb. 13th, 1872, at Lexington, Va.; (d), Hon. Henry St. George Tucker married Ist, at Lexington, Va., Oct. 25th, 1877, Henrietta Preston Johnston, grand- daughter of Gen’l Albert Sidney Johnston, C. S. Army (issue, John Randolph, Rosa Johnston, Albert Sidney, Laura Powell. Henrietta and St. George Tucker (twins). Hon. Henry St. George Tucker married 2nd, January 13th, 1903, at Wilkesbarre, Pa., Martha Sharpe, no issue; (e), Humphrey Brooke Powell Tucker d. in infancy; (f), Gertrude Powell Tucker, m. Oct. rth, 18—, John Lee Logan, of Goochland Co., Va., no issue. Mr. Logan was appointed judge in a territory and died ——. (g), Laura Randolph Tucker, m. Nov. 8th, 1888, at Lexington, Va., E. Morgan Pendleton; issue: Randolph Tucker, Laura Tucker, Morgan, Gertrude Logan Pendleton.

Anne Whiting Powell, b. March 31st, 1793, married Lloyd Noland, b. Dec. 14, 1790. Their marriage was celebrated Jan. 5, 1814. Their children were Catherine Mary Powell, b. Nov. 3, 1814; Thomas Lloyd, b. May 25, 1817; Burr Powell, b. Oct. 20, 1818; Richard Wm. Noble, b. Feb. 24, 1822. Catherine Mary Powell Noland married Dr. Wm. B. Cochran, and died at the home of her son-in-law, Bishop Thos. U. Dudley, in Louisville, Ky., Feb. 17, 1895 aged 80 years and six months.

(TO BE CONTINUED)

NOTES AND QUERIES. 205

HISTORICAL AND GENEALOGICAL NOTES AND QUERIES.

The History of George Rogers Clark’s ‘‘ Memori.”’ Documents and Comments.

Contributed by Miss MINNIE GATHRIGHT Cook, Milwaukee, Wis.

George Rogers Clark's “Memoir”’—the MS of which is now a part of the celebrated Draper Collection in the Historical Library at Madison, Wisconsin—has been used to a greater or less extent by a numbers of historians in writing the history of the West, but has been published in its entirety only once, by Governor William English of ' Indiana, as an appendix to his “Conquest of the Northwest Teir- tory.” Unfortunately, Mr. English belonged to the old school, who,

as one of them expressed himself to me, saw no good in preserving the indifferent spelling and punctuation current in Clark’s time; and who felt that historical etiquette demanded that, in quoting characters i of that or any early times, the historian should make their writings 4 appear as they probably would have, had those characters lived and written in the historian’s day. Although English’s corrections in some instances alter the sense, it is never in a material way, so the only real loss to the student is that of historical atmosphere; and if English blundered in the one respect, he at least, rendered a great service in placing the entire “Memoir” within the reach of students at large, until such times as it may be produced literally.

As the “Memoir” is the only contemporary detailed account we iy have of the transactions in the west from 1775 to 1779, inclusive, it if is of no small importance to the student of history, to know the i exact status of this narrative as an authority. Historians are not in accord upon this point, partly because it contains hitherto uncorrobo- i rated statements, and partly because of ignorance of the history of if the “Memoir,”. and the consequent uncertainty as to the time it was iy written. Dillon states that it was written at the “united desire of

Presidents Jefferson and Madison.” From this assertion it has been i assumed that the “Memoir” was written “some thirty or forty years i‘ after the events of which it speaks,” when Clark, “in his old age took | delight in writing down all sorts of childish stratagems,” “half imag- a

inary feats of childish cunning,” &c. i The extracts, given below, from a correspondence between Clark 1H] and the Honorable John Brown, of Kentucky, give us the history of i}

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the “Memoir” as we have it to-day, and show how earnestly Clark desired his narrative to be authoritative.- The original letters from Brown are in the Draper Collection. Clark's letters have been lost track of, but they were published in the Commonwealth, (Frankfort, Kentucky), July 25, 1838, with the following explanation: “The father [Honorable John Brown] of the Editor of this paper...... at a very early day urged upon the General the importance of reducing to writing the principal events of his military campaigns in the West, and also his own personal narrative. As an inducement to influence General Clark to undertake this task, my father had got the consent of the late President Madison to supervise and prepare for the press whatever materials might be furnished...... We have taken no other liberties with these precious documents than to arrange the punctua- tion.” The Clark extracts in this article are from the Commonwealth. Brown opened the subject in a letter dated, New York, 5 July, 1789, as follows:

“My dear General, I must beg that you will pardon the liberty which I am going to take; I have a request to make of you and as it is one of consequence I must premise that I am not only seconded in making it but urged to it by some of the most important Characters in the Union—it is—that you will favor the World with a Naration of your Campaigns in the Western Country—The United States now find themselves in possession of a territory N. W. of the Ohio of vast extent & of immense value to which all turn their Eyes as being the only certain fund for the discharge of the National Debt & altho it is confest by all that we owe it to your enterprize & successful exer- tions, yet the incredible Difficulties & Dangers you incountered & the gallant exploits which led to & secured the acquisition are but partially and imperfectly known—All wish to know & you alone are in posses- sion of this Information & should you decline to communicate it the latest posterity will regret the loss of what would contribute the most interesting Pages in the Annals of the Western World & would be an ornament to the History of the American Revolution. Mr. Madi- son whose literary and Political Character now attract the attention of all America is so much engaged in the success of this application that he has desired me to inform you, that to lessen the task if you will furnish the material & it is agreeable to you he will carefully attend to the arrangement & style so as to usher it into the world in a Dress suitable to the importance of the Subject.

“You cannot be too minute in the detail of Causes & effects—of Views & Measures—of occurances & transactions during those suc- cessful Campaigns—Circumstances & facts which may appear unim- portant to you will not be thought so by others—Copies of the Letters which passed between you & the Executive of Virginia of Treaties

NOTES AND QUERIES. 207

with and speeches to & from the Indians may be inserted with great propriety as ‘tis of importance to preserve them & they must neces- ; sarily throw great light upon the Subject.” [Draper Coll., 53 J., 80.] :

On August 20, 1789, Clark wrote to Brown from Louisville: “Your favor of the 5th July, came safe to hand—I thank you for iu the trouble you took in my favor with Mr. Holingsworth. I suppose that I could do no better than to pay him, and fly to those reflections that have frequently eased me on similar occasions. ‘The requisition you make, Sir, by your letter is such, that a complience will be in some degree, destroying a resolution that I have long concluded on, that of burying the rise and progress of the War in this quarter in oblivion; which is in. my power as all light cast on it by any other person must be faint indeed. Great part of the most material papers are either lost or made use of as waste paper, and finding my nature such that it was impossible for me to be void of some affection for the people I had suffered so much for in the establishment of their aie interests, that I have frequently destroyed papers that were of such i

a nature that the reading of them would in some measure cool ia that spark that still remained, and tend to aggravate the crime a of the people—that by having nothing about me that might fre- 4 quently fall in my way and renew my ideas, and by attempting if : possible, to forget the various transactions that have happened I i {

might again reconcile myself to live in a country that I was always been fond of and with a peoplé whose prosperity I have untill lately, studied with delight. For the want of those helps alluded to it would require time and recollection to collect materials necessary to com- i pose a true narrative of this department. Some papers I can collect, and will immediately set about this business, and, as soon as finished, enclose them to you, probably in four or five months. I shall take no other pains than that of stating facts and occurences &c. If this is

to make its appearance in the world there is no person I could be 4 more happy in their handling the subject than Mr. Madison. You | will be pleased to favor me in presenting my most sincere thanks to Hl that gentleman for his expression in my favor.” if

The subject of Clark's financial difficulties on behalf of Virginia iH is a story in itself, but something of it must be known to understand ) some of the bitterness of the above letter. 4

Virginia ceded the Northwest Territory to the United States in fl 1781, and felt that Congress should pay the expenses incurred in be- Hl half of the Territory. This issue was not adjusted between the State fl and Congress and the money paid until about twenty years after I Clark’s death. In the meantime, almost until his death more than i

thirty years after the close of the war, Clark was pressed, and in several instances, sued for the amount of the bills against the State,

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most of which he had vouched for. Some of the appeals with which he was harassed were as curious as they were piteous and began te come to him before he was through contracting debts for the cause. Here is one of several from John Gibson, the trader, who furnished supplies to Clark and Colonel John Gibson, at Pittsburg, for the thwarted Detroit Campaign, dated November 12, 1782.

“Now in my Great Distress | Send you these Lines Everything that I have is Going to be Seld for Some debt I contracted for part of the goods you got from me...... I hope you have Gratitude and onnor to make me hole.” [Draper Coll., 52 J., 50.)

Hollingsworth, to whom Clark refers, had taken up some of the claims and had refused a compromise offered by Clark through Brown. Clark had nothing to pay with but lands, of which he had taken up large quantities. A yreat part of this was in litigation at the time Brown proposed the writing of the narrative, the trouble being with the Virginia land coiamissioners, who, because of recent land laws were suing to recover a large tract, (some 30,000 acres) from Clark. The suit was eventually decided in Clark’s favor but was pending all the Virginia land commissioners, who, because of recent land laws the time Clark was engaged upon his “Memoir.” When we consider these and other grievances that he had endured—all very deep and real to him—we can only wonder at the freedom of the “Memoir” from bitterness and prejudice, and give Clark credit for appreciation

Clark’s letter of August 20th, was not answered by Brown