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

Order.

Which is to be paid accordingly unless within that time he
can get the said Fine remitted by an Order from His Ma'ty &
the Lords of his most Hono'ble Privy Council.

Vera Copia.

Wm. Berkeley



134 VIRGINIA HISTORICAL MAGAZINE.

Report Touching Bland

Whereupon, their Lo'ps after long debate agree to report unto
His Ma*'^ that a copy of Mris Blands Petition be transmitted
to the Governor & Council in Virginia that they may return their
defence in writing or impower somebody to answer for them
for which they may be allowed six months time but that no
advantage be in the interim taken as to the forfeiture imposed
on M^ Bland.

Mem'dum On the 27*^ July following the Re:::/iX was pre-
sented unto the Committee but their Lo'ps being informed that
Mris Bland had prepared a Petition imto his Majesty whereby
she desired leave to retract those unadvised & offensive expres-
sions contained in her former Petition they think fit to expect
His Ma*'^* Ord'. thereupon before the said report be presented
in Council.

Whitehall June 15, 1676

Minutes of a Committee of Trade and Plantations in refer-
ence to Sarah Bland's petition and Ludwell's answer. It was
urged by M". Bland's Counsel that the Council [of Virginia]
could not impose fines for an affront done to another Court but
that his trial ought to have been by a jury, but their Lordships
conceived that the Council table was invested with many au-
thorities that had in all times been exercised and allov/ed of : and
that it will be hard, in so remote a place as Virginia, to support
the Govemm* if there were not an extraordinary power in the
Board for emergent occasions. Mr. Ludwell being called in,
stated that he had no authority from the Governor or Coimcil
in writing to manage this cause whereupon a Report was or-
dered to be drawn up to his Majesty — see next entry.

(Col. Entry Bk. No., 104. pp. 141-2.)

Council Chamber June 15, 1676

Report of Committee for Foreign Plantations on petition of
Sarah Bland in behalf of her son Giles that the matter has been
argued before them by Council learned on both sides but in-



VIRGINIA IN 1667-1676. 135

asmuch as said petition reflects upon the honor of the Council
of Virginia and the legality of their proceedings they should
have opportunity to make their just defence, their lordships
propose that copy of said petition be sent to Virginia with al-
lowance of six months for their answer.
(Colonial Papers. 1 p.)

Whitehall July 27, 1676

Minutes of a Committee of Trade and Plantations — On re-
port on petition of Sarah Bland pursuant to his Maj. reference
of 22<^ April last, but being informed that M" Bland had pre-
pared a petition to his Majesty whereby she desires leave to
retract those unadvised and offensive expressions contained in
her former petition It is thought fit to expect his Maj. order
thereon before said Report be presented in Coimcil.

(Col. Entry Bk. No. 104. p. 184.)

(To be Continued)



136 VIRGINIA HISTORICAL MAGAZINE.



MINUTES OF THE COUNCIL AND GENERAL COURT
1622-1629.*



From the Originals in the Library of Congress.



*A11 erasures in the original are here printed in italics.



(continued)



[71.] [35.]



A note of Depts dew from George

Thorpe (20) late of Barkley deceased [or Barkley Hun-
dred]

To M"" Abraham Persy marchant as by one bill of dept ii
reduced by him in Corte dated the 18th of July 1621 [030 of To]
and payable y® first of december next foUowinge appereth

More dew to M'' Abraham Persey marchant as by one ii

bill of dept bearing date the 28*^ of July 1621 and [205 of Toba]

payable the first of December next ensuinge Appereth

^"George Thorpe, the head of the Berkeley Hundred Colony , was killed
in the Massacre of 1622. The plantation was largely made by men from
Gloucestershire, England. For Thorpe and Berkeley Hundred, see
Brown's Genesis, II, 1031; William and Mary Quarterly IX, 209, 210;
Va. Magazine of History and Biography XII, 170, and the Smith of Nibley
Papers in the Bulletin of the New York Public Library. For the house
Mr. Thorpe built for Apecancanough (referred to in the account) see
Campbell's History of Virginia, 162.



MINUTES OP COUNCIL AND GENERAL COURT. 137

Thomas Hans of y" neck of land demandeth
by specizalitie P'duced in Courte twenty five
pownd lawfull money of England

M'' The'' demandeth for 2 dewtie boy"
XV 'li strer at 18 penc a pownde

To M"- Marmaduke Reyner 175'li of Tobacco by bill 175 li

under ye hands of Gyles Carter Cap't Thorpes sarvant

To Capt Smith 30 bushell of Come

To Mr. Edward Blany 417 'li of Tobacco

To Capt. Francis West seaven barrells of Come

To Mr. David Sandys for ministers dews 35 'li Toba

To Robert fisher for 5 week woorke

about Apochanken his howse 90 'li of Tobacc
To Sr George Yardley 300'li Tobacc

400
To Mr. Buck 241 li.



[pencU 72] [ink 34]

A Courtt held the 27*'^ of December 1624
present Sr Francis Wyatt knighte & Capt Fran[cis]
West Sr George Yardley knight George Sandys
Esq"- Thretsr Doctor Pott, Capt' Smith,
Cap* Hamer.

1. The First and the fyft Articles demand of Capt
Martin Conceminge Sr George Yardley, is refered
vntill the Cominge vpp of Ensigne Savage

2. Yt is ordered y*

To the Seconde Sr George shall is to take his oathe
to the later pte of this Answere to ye second demand
wch Sr George tooke Accordingly

3. To the thirde demande, the Courte Conceaveth not
that Mr Luke Boyse Reed the Cattle by any order or warr[ant]
from Sr George and therefore yt he is not lyable

to dameages Conceminge the same



138 VIRGINIA HISTORICAL MAGAZINE.

To thefowerth yf Sr George doth take his oath

y't he after y'e ships Compeny had brought together

the ships goods and had ended other ymployment Con

cerninge the same yt then he freely dismist them, and

then ymployede them not in any pticular service and

business of his owne, yt then Sr George shall

not be lyable to the fowerth demande it noe

ways apperinge by proofs yH either Sr George knew

they were of the ships Compeny hired by Capt

Martin oW y't Cap't Martyn ever required them of Sr

as is p'rtended
George, nor luhy Sr George should wrongfully have
taken them away, and made no benefit thereby

The sixt demand is referred to y^ generall Assembly
beinge An Act of a general Assembly in Sr George
Yardleys tyme

To the seaventh it is ordered y* Cap* Martyn shall
bring in his prooff of such thing as were taken
away from Cap* Sanders howse by Sr George
or any by his Apoyntment, more than himselfe
Conf esseth in his Answere



[ink folio 35] [pencil folio 73]

To the eight, ye Defendant Demande Ensigne Chaplen (21)
vppon oath doth deny yt there was any such Agreem't
as that he should receeve any such two Cattle
of Capt Sanders for Satisfaction of Cap* Martins
Dept or that Cap* Sanders made any such trade
to him nor is there any proffe brought to y* Contrary
And we Conceave the^ warrant of Sr George and the
Counsell to be iust and lawfull

^^In the Census of 1624-5 the "Muster" of Ensign Isaac Chaplaine at
Chaplaine's Choice (in the present Prince George County), included
Isaac Chaplaine who came in the Starr in 1610, his wife Mary who came
in the James in 1622, John Chaplaine, "his kinsman", aged 15 years,
who also came in the James and five servants.



MINUTES OF COUNCIL AND GENERAL COURT. 139

To the nynth Demand it appereth not to Concern
Sir George but y* Liv* Peppett (22) is lyable to make satis-
faction
to whom of right y* said peece shall belonge vnto

To ye fowerth Sr George Yardley having taken his oath
y* he knew not y* said Stallenges men were y* hired
servante of Capt John martin or y* ever Cap*
martin to his vtmost remembrance did ever request
them of him, and Capt Martin confessing y* he doth
not p'cysly remember whether ever he demanded them
of Sr George or not y" Court Conceaveth y* Sr George
as not Lyable to geue him Satisfaction for y^ said
pretended servante, Demanded of him.

The nyne and twentieth Day of December 1624
Symon Tutchine of the good Shipp Caled
the Dew retoume Did take the oath of Allegiance
before y" Gov'"nou'" and Coimsell.



[ink folio 36] [pencil folio 74]

Capt' Hamer his opynion is y* A warrant be
granted vnt to Cap* martin to receave y^ Cattle
w^ are in controversie to Comand Luke Boyse
to Deliuer ye Cattle now in his possession (being in
Controversie betweene Cap* Jo: martin and Cap* Jo
Bargaue) (Vnto Cap* John martins possession

This also is the opynion of Doctor Pott
Capt' Francis weste y" of the same opinion



^ ^Gilbert Peppett was living at Flowerdieu Hundred in 1623. He lived
later in Warwick County. His wife Alice came to the Colony in 1619.
Gilbert Peppett was a member of the popular Convention which met at
Jamestown in 1625.



140 VIRGINIA HISTORICAL MAGAZINE.

The rest of the Court being y« maior p* Do
think it fitt to give A warrant to alter
the possession (the Controversie Depending)
Between Cap* martin and Cap* Bargraue

Yt is ordered y* Cap* west take an Inventorie

of Capt Crashw's goods praysed by two stifficyent honest men

and the Inventorie so taken to be sent up to James

Cyttie and pubHshed also in other places, to

the end y* who will give most may have them

Provided y* yf Cap* west will give asmuch as

any other (he to have them) ye refusall of them

Margery mutch swome and exaâ„¢ sayeth y* she beinge

at George menefries house said to same that

were then y* she thought Mrs Hamer had bottles

to sell

It is ordered y* M'' chew shall pay three hundred

waight of Tobacco to mr Lamoyne, and giue

the rent of his store, and Deliuer him six hogs

heads of Caske

Whereas it Appeereth by Symon Tutchin his oime

Confessione, And by one wrightinge, that he was

banished owt of Ireland. The said Symo Tuchin

aleageth y* the said banishment was repealed by Sr

Oliver Set Johns then Lo : Deputie of Ireland, w'=^

repeale he not p'ducing in Courte, because he



[ink 47] [pencil 83.]
John Southeme swome and Exa" saith y*
there was an absolute Bargaine between Jo :
lyghtfoote and W" Byancks According to a pap'
of indentures of lease bearing date the eighteene
dye of December 1624 w'^** Indentures were
by the said Ex 'a produced in Courte and that
there was noe daye appoynted betwene the same p'te
for the sealinge of the said Indenture, but w*'' as
much convenient speed as might be this Exaâ„¢
woold wright them



MINUTES OF COUNCIL AND GENERAL COURT. 141

Capt' Wm Tucker swome and exa" sayeth y* when
Sr George Yardley Came in to be Gou''nor y* he
told the Ancyent Planters at Kickotan y* the
land they dwelt vpon was Chosen to be the
Compenys lande, and that the Compeny wold
sent to Plant it but how soone he knew
not but bid them look fort, Pro And that
they should have valuable Considerations for
their Charges in buildinge

Randall Smallwood swome and Examd sayeth that
M' Wâ„¢ Julian (23) said he had deliuered his peticione
to the Gou^^nor in the mominge that he hadd
wayted all daye, but yf he could nott be righted
heere he wold be righted in England and that
he wold waite here no longer

Yt is ordered y* Sargeant Williams shall have threescore

in full recompenc
and term pounde of tabacco toward his Charge
of building vpo* the Company s land at Kackatan
beinge his owne demande, and the Compeny
desire it should be soe



[pencil 84] [ ink 48]

And whereas Wm Julyan demandeth five hundred
waight of Tobacco damages for his house and
grounde Clered y* is ordered that vpon Monday
the 24th of this instant moneth he produce in
Coiul; his prooffs for the same in regard
the Court Concleaves it an vnreasonable demand

^ ^William Julian patented 600 acres on the Eastern Branch of Eliza-
beth River July 4, 1636. He was a Justice of Lower Norfolk 1637. In
1646, the Governor and Council released him from all his offices on ac-
count of his great age. His wife was named Sarah.



142 VIRGINIA HISTORICAL MAGAZINE.

Nathaniell Causey gent swome and Exam* sayeth that M"
Palmer Cominge to his house said to this ,Exa't and his
wiefe y* there was a farefull thinge falen to Mrs Jurden (24)
& beinge demanded by this Exat what it was, shee saide yt
Mrs Jurden being vppon her bed, she sawe two hands, theone
hande vppon her head theother hand vppon her Childs head
and hearde A voice w*''' Cried. Judgment, Judgment. To w''''
M' Causey said it may be that it was A dreame, now sayeth

M"
Pahner she was as broad awake as I am now.

Further tliis Ex'a sayeth y* he hath seene M'' Ferrer
kisse M" Jordan he never sawe any other

vniittinge or Suspicyous familiaritie between them
M'' Ferrer and M" Jurden, but sayeth y* hee hath [seen]
M' Ferrer kisse her.

Wheras M'' Grevill Pooly minister hath geven foorth

speech that M*" Ferrer and Mrs Jiu-den Hved Skandelously
together, beinge in Court and willed to P'duce witness
he P'duceth none, but M'' Causey, but sayeth yt he
Conceveth it Skandelous for M'' Ferrer to break
the order in Courte, wch he hath done by beinge in
ordynary dyett in M" Jurdens house and to frequent
her Compeny alone without some body else to be in place
accordinge to the order of Courte

Yt is ordered that W" Julyan shall have one hundred pownd
waight of Tobacco towarde in full recompense Towarde his

buildinge vppon y® Companys
lande at Kackatan beinge his owne demande and
the Compenys desire it should be soe.

^*Mrs. Jordan was the heroine of a noted case of pre-contract or breach
of promise. Captain Samuel Jordan, of Jordan's Journey, died late in
March 1623, leaving a young widow, Cicely, and two children. Three
or four days afterwards Rev. Greville Pooley, the minister of the parish,
consulted Captain Isaac Madison, a prominent man who was a neighbor,
in regard to a match with Mrs. Jordan. At first Madison was unwilling
to move in the matter; but finally consented. Mrs. Jordan told the



MINUTES OF COUNCIL AND GENERAL COURT. 143

Captain that she would as soon marry Mr. Pooley as any one else; but
would not marry so soon. As Mr. Brown (First Republic, 563) says,
"This was all that a man in his mind ought to have asked;" but Pooley
was impatient and went to see her himself. He reported to Captain
Madison that Mrs. Jordan had contracted herself to him and desired
Madison to go with him and be a witness to it. Madison did go and
when Mr. Pooley desired a dram, Mrs. Jordan desired her servant to
fetch it; but Pooley said he would have it of her fetching or not at all.
Then she went into a room, Madison and Pooley followed her; and when
Mr. Pooley was come to her he told her he should contract himself unto
her — and spoke these words — "I Grivell Pooley take thee Sysley, to
my wedded wife, to have & to hold till death us do part, and thereto I
plight thee my troth." Then (holding her by the hand) he spoke these
words, "I, Sysley take thee Grivell to my wedded husband, to have and
to hold 'till death do us part." But Madison says he did not hear her
say these words nor Pooley ask her if she would consent to them. Then
Mr. Pooley and Mrs. Jordan drank to each other and he kissed her and
said "I am thine and thou art mine 'till death us separate." Mrs. Jor-
dan desired that it might not be known that she had bestowed her love
so soon after her husband's death; but, though Pooley promised, he
was too elated to keep the secret. Mrs. Jordan resented this, saying
"He would have fared better if he had talked less," and immediately
engaged herself to marry William Ferrar, another suitor. Mr. Pooley
then brought the matter before the Governor and council and on June 14,
sued her for breach of promise. The case was continied to Nov. 27,
when, an account of the difficulty of deciding the question of contract
the matter was referred to the Company in England with a request that
the opinion of civil lawyers be obtained. The Governor and Council
also issued a proclamation against women engaging themselves to "two
several men at one time." The text of this proclamation is given in
Brown's First Republic pp. 564, 565. The context would imply that
it was issued in November; but an entry printed in this Magazine,
XIX, 231, shows that it was on June 22d.

Before any opinoin could be obtained from England Mr. Pooley lost
his case, not being able to prove his charges against William Ferrar,
and soon made a formal renunciation of any claim he might have to
Cicely Jordan. It is presumed that she married William Ferrar, or
Farrar (who was long a member of the Council) as he had a grand-
daughter named Cicely.



144 VIRGINIA HISTORICAL MAGAZINE.

[pencil 85] [ink 49]

The Gou'nor in Councell Doe Respitt the Determininative of
the business between M' Pooly and M" Jurden till y* first
arrivall of shippe out of England, Wherein we expect
A resolution, and that in the meanetime thing to remane
in the state that they are, and y* M'' Ferrer behavinge
himselfe wthowet Skandall in the mean tyme, and y^
Courte do Conceave y* his beinge in ordinary Dyett there,
nor any familiaritie w'^'' hath been alledged, noe iuste
Cause of skandall, and y* in y^ lesse materiall poynte y*
on fuste made might may be dispenct w*^all.

[A paragraph is written here what gives more evidence in
regard to the case of the master of a vessel referred to on (p.
61) as not fit for publication.]

[reverse is ink folio 59]



[pencil 86] [ink 59]

Sargent Holland swome and Examin' sayeth that there
planted at sherley hundred for Barkley hundred Company
these men as followeth

Sergeant Gabriel! Holland Charles Partrige Bvdlman

Richarde Firmely Mr. Hamden Nicholas

William Clement Theophilus Beastone Pierse

Richarde Sheriife Thomas Peck croser

Thomas Moultone William Gilhnan

Edward Purquite Pristman
John Tayler

For whom Dewties were to be paide by Capt' Thorpe
to M' Sandys ninisterw''^ whether they were paid
or nott this Examt' knoweth nott.



MINUTES OF COUN.CIL AND GENERAL COURT. 145

A Copie of M' Grevell Pooly this release
Conceminge M"* Sysely Jiirden

I Gravell Pooly Preacher of the woorde doe for my parte
Freely and absolutely acquitt and discharge Mrs Cycelie
Jurden from aU former Contracts P'mises or Conditiones
made by her to me in the vow of maryage and Doe
binde my selfe in five hundred pownde ster never
to have any Claim Right or title to her that way In
proof thereof I have hereunto sett my hand & seal
the thurde dye of January

Subscribed sealed and del'

in the presence of Grevell Pooly Cler'

Nathaniell Causery

Richard Biggs sealed

R. B.
his marke.



[29]

The Coroners Enquest Impaneled vppon
the death of George Pope An Infant Child
December y^ xxxj*** 1624.



William Horwood, gent
Richarde Stephene, merc't
John Chew, merchant
Rober Chambly gent
Peter Stafferton gent
Nathaniell Jeffereys
James Hickmonte
Peregrine wetkins



Richard Tree
Thomas Passmoure
Daniel Lucye
Christopher Stokes
Wallgrave Marke
Nicholas Fynloe
William Mutch
Robert Poole



146 VIRGINIA HISTORICAL MAGAZINE.

John Southeme swome and Examined sayeth y* one Thursday
the XXX *^ day of this instant moneth of December Cominge to
John Osboume his howse, goodwife osbotime was Calinge
her pultrye, at w*'^ tyme A younge boy named william Stokes
ye sone of Christopher Stokes cam to Jo : Osbonmes Doore
havinge A Uttle barrell in his hande, To whom goodwife
saide (Will, wher is George, the said boy answered his
is fallen into the well, whervpon goodwife Osboiime did
run to the well and brought George Pope in her Armes de[ad]

Margrett Osboume swome and examined sayeth

of December aboute the howers of three or foure of y^ Clock

in y* after noime asked this Ez'ant whether ther wer any

water in the howse, saying he was very drye, to whom

she saide noe, wher vpon he said he wold some, then

this Ezamt willed him to talce A dish w*'' him, to w"''

he answered noe he would full the rundlet, beinge A

small Rundlett of A gallon o"" ther about, and soe hee

tQoke y^ mndlett and went to the well, after w"*" w*^in

lesse then A quarter of an hower. Will stokes came

towardes the howse w*^ the same rundlett, to whom this Exant

asked where is George, y^ said will replide he is

in the well, wherevpon she run to the well and found

George pope, his body all vnder water except his

left arme by w'^'' she drew him out and Caried him

into the howse Dead, And further sayeth y* y^ father of

the said George, named also George pope, brought him

over w*^ him in the london marchant, beinge aboute [two?]

yeeres and a half past y^ child being then as his parent

said aboute two yeeres olde, and his father and mother

both livinge in y* Corporation of James Cyttie w*'' other children



And further sayeth y* she hath often sent the said
George Pope to the well to bringe water in the
said nmdlett, but never before without a Dishe
to fill y" rundlett w*'^



MINUTES OF COUNCIL AND GENERAL COURT. 147

William Stokes about five yeers old

Christopher Stokes swome and Examined sayeth that

when his sonne will Stokes his sonne beinge about

five yeers old cam home, he aske^ him how George

pope Cam into the well, the said wâ„¢ stokes his sone

said he kneled Downe on his knees to dip vp water

and soe fell, and the water beinge muddy y« said

George went to power it owt and to take vpp

Cleerer and soe fell in, and then will stokes went

& tooke vpp the Rundlett one the other side the well , and

bringest it to goodwife osboume

The charge as Geven to y** Jury

You shall trewly vppon your oathes delue'' unto this
Courte w* you shall finde vppon the Dilligent
vew of the body of the said George pope Deceased
as also vppon the Examination of witnesses and all
other circvmistances w'^'* may geve light to the truth
wether y^ said George pope Cam to his end by y"
felonious Acte of Any psone or psons or by the
Visitation of God or misadventure)



[pencil folio 69.] [ink folio 31.]

A Court held the thirde of January 1624 present
Sr Francis Wyatt Kjiight &c Sr George Yardley
Knight Doctor Pott Capt* Smith Cap* Hamer

Thomas Farley swome and examined sayeth that he was in place
when Livt Georg Harisone and Rowland loftis did Recken, at
w*** tyme this exaâ„¢ sayeth that Rowland loftis was indepted
to Livt' Harisone, but how much he knoweth not, but as he
tliinketh, loftis was indepted to Livt* Harisone twenty pownd
waight of Tobacco or therabout, And further sayeth that



148 VIRGINIA HISTORICAL MAGAZINE

me cyone was made then A dept dewe to Christopher
best, but w'='' of them was to pay it he canot say, & sayeth
that ther was An Acquitance written betwixt them by Nich-
olas
Greenhill and entered into A booke

John Searbrooke sworne and Examined sayeth

M^ Threasurer brought over into this Cotmtry 3,t his Cost

and Charge
in the good shipp called the George, Thomas Daunsey ye

father
and John Daunsey his sonne, John Mott the father and John

Mott
the Sonne, and John Hoskins And the landes dew for them
M' Thresurer Doth make over to Mr. John Baynam

Richard Kingsmell gent and Thomas Allnut swome and Exam-
ined
sayeth y* the last vnll P'duced in Courte by Jo : Radishe
was the trew will and testament of Peter Mar [t?]en and that

M"" Kingsmell did wrighte the will himself e.

Nicholas Grenhill swome and examined sayeth that he writt
the said Acquittance betwixt Livt Harrisone & Rowlande

lofti[s]
and that it was for all Reckninge betwixt them

Yt is ordered y' Beniamine symes shall pay all the dept & be
geven by will by y^ deceased Nathaniell Hawkswoorth and
to pay to Mr. Francis bolton one of y^ legasses [legacies] two

hiindr
pownd waight Tobacco.



[70.] [32.]



Mr. Abram Persy Cape m'chant afirmith y* he paid to Sr Georg
Yardley and Mr. John Powntis for the freedomes of Nicholes



MINUTES OF COUNCIL AND GENERAL COURT 149

Bayly and Jonas Ryally five hundred pownd waight of to-
bacco
and twleve barrells of sheald Come, and y* by his booke
there is dew to him seventy pownd waight of Tobacco and
by bill bearinge date the 6th of february 1621 one
hundred pownd waight of Tobacco

It is ordered y* Nicholes Baylie and Jonas Riley shall
pay to Mr. Abram Persy either 396 pownd of tobacco
and twelve barrells of sheald Come, or thewyse
to sawe him tenn thowsand foote of boorde at

Yt is ordered y'' Wâ„¢ Newman and John Army for their

Contempt in disobeying Cap* Bass his Commissio' granted
him by the Gou' nor shall pay each of them 10 pownd
ster in the best marchantable Tobacco and y* Army
for his absenc in not Cominge to Churge shall pay
his fyne accordinge to the act of y^

generall Assembly

Yt is agreede in Courte betweene Mr. John Vtie and Bryan
Caught That y^ said Bryan shall build M'' Vtie one shallop