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

Will dated 29th of April, 1693; married Elizabeth, daughter of Edward
Court of Lillisdon, buried at Widworthy, December 7, 1711. Had no
issue.

Richard Chichester, second son of John Chichester of Widworthy and
Margaret Ware, bom at Silverton tlie 5th of March, baptized the 16th
of March, 1657; married Anna — ; came to Virginia in 1702, bringing with
him his son John. He married a second wife in Virginia, Anna China
nee Fox; bought lands in Lancaster County. Will dated April 14, 1734.

John Chichester, son of Richard Chichester and Anna — , baptized at
Widworthy, May 10, 1681, died in Virginia, 1728. Married Elizabeth
Symes of Dorset, England, buried at Powerstock, Dorset, January,
1728.

Richard Chichester, son of John Chichester and Elizabeth Symes,
died in England, December 30, 1743, buried at Powerstock, January 3rd.
Married July 3, 1734, Ellen Ball, daughter of Col. William Ball and Han-
nah Beale, and lived at "Fairweathers," Lancaster County, Virginia.]

William Williamson [of St. Mary, Whitechapel, Middle-
sex-Probate Act Book] of London, Merchant. Will 10 Feb-
ruary 1722-3; proved 24 February 1722-3. To be buried
with my parents in Foulford Church Yard, County of York,
under a plaine Stone with only my name and age engraven, for
such interment £100 to be laid out, and if not laid out residue
to poore of Foulford. "Item. I order and Direct that all my
just Debts be fully paid and Satisfied. Item. I give, devise,
and bequeath unto William Welch, Natural Son of Susamiah
Welch, of Nancemond County in Virginia, widow, all my right,
title, and Interest at, in, or to one Stone house. Situate and be-
ing in Hampton Town in Elizabeth Citty and County in Vir-
ginia, with land, &c., now supposed to be in possession of Ed-
ward Kearney, being recorded in said County Court and my
Title in hands of said Edward Kearney. Also to said William
Welch £100 to be put out at interest by my Executor in Great
Britain and profits paid annually to Virginia till he is 21, &c.,
but if he die said legacy to my Sister Annoball Newhan of Foul-
fard. Widow, her son Jonas Annobell, her Daugthers Alice and
EUinor, Annaball, &c. To my god son Francis Robinson £10
to be paid to his father John Robinson of London, Gentlemen.
To said John Robinson and his present wife Frances £10 apiece.
To George Capper of London, Sadlier, and wife Ellen, ditto.
To Elizabeth Newnham of London, Spinster, ditto. To my
Nephew William Stavele, of Foulforth aforesaid, all my Garden



VIRGINIA GLEANINGS IN ENGLAND. 253

and Tract in Lordship of Gate Foulforth known by name of
Dilwod Croft, £ 100 at 21 , &c. And if he dies to his brother, &c.
To Sister Rebecca Patrick of City of York, Widow, £100. To
my Niece Elizabeth Wade £100.

Richmond, 41.

Peter Hooker of London, Tallow chandler intending to
voyage to Virginia in the good shipp called the Globe of London.
Will 6 August 1636; proved 22 November 1639. To the poor
of Chilcombe cotmty Southampton 20s. To my Aimt Stroud
£5 out of my adventure. To my imcle Egers children 20s.
a-piece out of my Adventure. To my Cosen Anne Hooker my
tmcle Richard's daughter £3 out of Adventure. To her brother
Richard 40s. To Henry Hooker my imcle Peter's son 40s. at
21 years. To his brother Nicholas the like sum. To Sibell
Hooker my imcle Peter's daughter 20s. To Richard Wood's
children Hannah, John and Samuel 20s. apiece. I give to my
brother John Hooker all my goods that I left in his hands and
£30 to be paid out of my Adventure. If my brother John die
before the legacy is due to be paid then to his son John Hooker.
If both hap to dye then to my executor or his children. I con-
stitute my beloved brother Edward Hooker my executor to
whom I bequeath the residue of my Estate. I intreate my uncle
Edward Hooker and my cosen John Wood to be my Overseers
to them 10s apiece for to buye a paire of gloves.
Witnesses : Edwd Hooker, Richd Potter, George Stratton.

Harvey, 187.

Robert Dinwiddie, Esq. formerly of Colony of Virginia
in North America, but late of the City of Bristoll, Esq., deceased.
Will proved 9 October 1770— Probate Act Book.



254 VIRGINIA HISTORICAL MAGAZINE.



COUNCIL PAPERS 1698-1700.



(From the original volume in the Virginia State Library)



(continued)



Order in Regard to Letters of Denization

At the Court at Kensington
s.s. .the 18th of January 1699

Present

The Kings most Excellent Maj*'^ In Council

Upon Reading this Day at y« Board a report from M"" Attor-
ney & M"" Solicitor Generall In y** words following.

May it Please yo^ Maj''^

In Obedience to their Excellencies y'^ Lords Justices ord"" of
reference in Councill the 3*^ of Novemb"" 1698, Wee have Consid-
ered of y'' anexed representation of y'' Councill of Trade and thee
papers thereunto anexed relateing to y'' granting of Letters of
Denization by y*^ Governors in y*' plantations, and by y*^ presi
dents Shewed unto us wee find y*" usall Method of granting Deni-
zation in the plantations hath been by Acts of Assembly of w''^
Sev'll Instances have been Shewed to us. Viz* By an Act passed
In y« Gen'll Assembly of y'^ Province of Maryland y'' 10th of
June 1697 Stephen ffrancis an Italian and George Slaumbe a
German were Naturalized and thereby Vested with all y^ Rights
and Privileges of naturall born Subjects of y*^ province and y*
there by another act passed in the Same Assembly y'" 30th of
March 1698, one Peter Dowdee a frenchman was in Like manner
Naturalized But in both the said Acts there is an Express pro-
visoe y* they Shall not be Constructed to Enable or qualify y^ s"^
Persons to hold or enjoy any place office Calling or Employ-
ment prohibited by an Act of Parhamcnt jnade In y^ 7''' & 8'''



COUNCIL PAPERS. 255

Years of your Maj*' Reign for preventing frauds and regula-
ting Abuses in y^ Plantations trade or any other Statute Law
In England.

And Wee Likewise find that in November 1697, Coll: Benja-
min ffletcher then Gove"" of the Pro\'ince of New York Did
Grant Letters of Denization und"" y^ Seale of y* s"^ Province
unto one Arnold Nodine a Foreigner in which Grant there is a
Clause to Enable y^ s'* Nodine to take & hold Lands Tenem**
hereditam*^ &c. to himself his heirs and Assignes In fee Simple
w*** power to Sue and be Sued, and to enjoy all other rights and
Priviledges as a naturall bom Subject of y* Province w*'' out any
Restriction or regard to y^ s"* Act of Navigation or any other
Statute of England, But wee do not find y* y* s'* Coll : ffletcher
had any Express power by his Comissions to grant any Letter
of Denization.

And Wee are humbly of Opinion y* y^ Gov" of y« plantations
ought not to grant Letters of Denizations unless they were Ex-
pressly Authorized So to do by their Comissions and y' noe
Acts of Denization or Naturalization in any of y^ plantations
will qualifie any person to be master of a ship w*'' in any of y*
Statutes made in this Kingdom w"^ require masters of Ships to
be Englishmen.

All which is most humbly Submitted
to yo"" Maj^' Royall Wisdom.
Tho: Trevor
Jno Hawles

His Maj''^ in Councill approveing y^ representation Is Pleased
to ord"" y* Letters of Denization be not Granted by any of y«
Gover" of his Maj*'* Plantations otherwise then according to y*
Opinion of M' Attumy and M^ Solicitor Gen 11 Sett forth in
their s** report and the Lords Comissioners of Trade and Plan-
tations are to give notice of his Maj''^ Pleasure herein to y*" Re-
spective Gov" of his maj''* plantations'accordingly —

John Povey

A true Copy Examined by y^
Originall in y*" hands of y*' L**"
Com" for trade and Plantations
Wm. Popple.



256 VIRGINIA HISTORICAL MAGAZINE.

1699

White hall ffeb'ry y« 16*^^

S' 1700

His Maj"^ having been pleased by ord'' In Council of y^ IS*''
of Jan'ry Last, to require us to Signifie his pleasure unto y^
respective Gov" of his plantations America relateing to y^ grant-
ing of Letters of Denization by y^ s** Gov" in y® s"^ plantations
wee Send you here inclosed a Copy of y® s*^ ord"' for yo"^ Direction
and Goverment in y'' behalfe So bid you heartily farewell.
Yo"" very Loveing fifriends

Stamford

Lexington

Ph: Meadows

WiUiam Blathwayt

John Pollexf en

Abr. Hill

George Stepney.



Order in Regard to a Pirate

ffeb'ry 2V^



1699



1700
A Letter having been Comunicated to us from one Henry
Mimday Comand"" of a merch*^ Ship Called y® John Hopewell
of London, to his owners dated upon y® Coast of Guinea in
Novemb'' Last wherein he gives an account of his haveing been
plundered by a Pyrate named Henry King who formerly used y^
Pen Silvania trade and of nine of his owne men haveing forsaken
him and run away w*** y^ s"^ Pyrate wee Send you here inclosed
a List of their names y* if any of y'm happen to Come into your
Goverm* you may Cause y'm to be apprehended and take Such
Care for bringing y'm to Condign punishment as by his Maj''°
has been directed.

Memd'm
Coll. Nicholson

The name of the Pyrate v;*'^ is mentioned is Henry King.



COUNCIL PAPERS. 257

and ye names of Nicholas Gillefrand, John

M'' Munday's Burton, Leonard Rawlings,

men y* went w*^** Edward Arterberry, Emanuel

y® Pyrate are : a Portugeze, John Sanders,

Wm. Parker of Sunderland,
John Harris of London, ffrancis
Brown a negro.



Secretary Vernon to Governor Nicholson.

Whitehall June 29'^ 1700
S'

The Duke of Shrewesbury having obtained his Ma'^^ Leave to
resigne his Office of Lord Chamberlaine of his Ma'*' Houshold,
by reason of his want of health to attend y* same, His Maj *** has
been pleased to conferr y* Office on y« Earl of Jersey His Ma'*
not haveing yet appointed One to Succeed in the Place of Secre-
tary of State, It will be my Part in the interim to correspond w**^
you in what may relate to y* Service of his Maj*'^ & the PubHck.
In the Discharge whereof I shaU upon all Occasions endeavour
to assure you that I am
S'

Y' most faithfull
himible servant

Ja Vernon
Coll: Nicholson.



Lords of the Admiralty to the Governor of Virginia.

Admiralty Office 21"^ June 1700
S'

You will herew"* receive sevrall passes to be disposed of as
y* inclosed Instruccon from my L**' of y* Admiralty direct for
y* secureing of Ships & Vessells of his Ma''*" Subjects from y*
Algerines, and for yo"" better guidance how to fill up y* Blanks
in y* s"^ passes I send you one of y'm so filled up for a Sample



258 VIRGINIA HISTORICAL MAGAZINE.

You will alsoe receive in y^ box w*^ y* passes sevrall Oathes
& bonds some of w*''' Oathes are for English built Shipps & y«
rest for forreigne built Ships made free & part of y® bond are for
Ships trading Coastwise in y^ plantacons the other for such as
trade from y* plantacons to Europe, Samples of w"** Oathes &
bonds w*** y^ Blanks filled up I send you for yo'' guidance in y«
doing thereof before you fill up or deliver y* passes.

And whereas you will find by y^ Instructons that a Registary
must be sent to this Office of all passes delivered out by you, I
send you likewise a Scheme shewing in w* manner y« s*^ Registry
is to be kept I desire you'll owne y* receipt thereof & remaine.
S'

Yo"' most humble Serv*

Burchett
To y^ Govern'' of Virg'a.

By y* Com" for Executeing y*" Ofhce of L'' High Admiral of
England, Ireland &c.

Instructions to ffrancis Nicholson, Esq' Govemoiir of Vir-
ginia, our Vice Admirall, and to the Govemour or Comander
in chief e there for the time being.

Whereas his Maj*^ by his Order in Councill Dated y*' 6*^ of
this present Moneth of June hath been pleased to direct that
Passes shall be sent to y^ respective Govemours or Comanders
in Chiefe of his Plantations & to y* Collectors of his Customes in
such Plantations in America as are under proprietors & Charter
Govemm*^ as also to y* severall Consvds in Portugal, Spaine *
Italy in order to their being distributed by y'm from time to
time to such Ships & Vessells of his Maj*'"^ Subjects as shall be-
long to these Plantacons or Governments respectively, or come
into y^ Ports of the afores*^ Kingdomes for securing them from y*
Ships of Algiers. Wee do therefore herew*^^ send you sevrall of
y* s*^ passes & direct & require you to goveme yourselfe in the
disposall of y* same & such others as shall from time to time be
sent you according to y' rules hereafter prescribed, (viz*.)

P* The aforesaid Government of Algiers having given no
longer time than to September next for all Shipps belonging to his
Maj"*^ Subjects their being provided w*'' Passes & declared that
such as shall be mett w*'' bv their Cruisers without Passes after



COUNCIL PAPERS. 259

that time shall be carried up & their Goods confiscated. You are
therefore imediately upon yo"" receipt hereof, to give notice of y'
same to all persons concerned w**" in the District of yo' Govemm*
that so they may take care to provide themselves with passes for
security of their Tracfe & Navigation, not only from his Ma*'^'
Plantations to Europe, but from one plantation to another, and
accordingly You are to deliver Passes to all such Shipps & Ves-
sells as shall appear to you to be qualified to trade.

2 — That you are to take care that no such Pass be given for
any Shipp or Vessell, imless you are satisfied that she is at the
same time in some port, or place within the District of yo'
Government.

3 — Nor is any such Pass to be given, untiU y^ Master of y*
Shipp or Vessell for which it is demanded has made Oath, eithe^
before yo''selfe or some person within yo'' Govemm*, who has
power to administer y* Same, that he hath no other Pass, or
in case he has any, untill such former Pass be delivered up.

4 — And before y^ Delivery of any Pass every Master is to
give Bond to you for his Maj''^^ use, with one good Surety in y*
sume of one hundred pounds Sterling Penalty if the Shipp or
Vessell appeare to be above one hundred Tuns for the rctume
& delivery of his Pass to y^ L** high Admirall, or Com" for Exe-
cuteing y« Office of Lord high Admirall for the time being, or to
yo*" selfe or some other person entrusted w*** the delivering out of
Passes within the time, or according to the other Conditions
exprest in the following Article — And for yo' better guidance
herein, wee send you Termes of Severall printed Bonds &
Oathes, with one of each kind shewing in what manner they are
to be filled up.

5 — That y^ Passes for all Shipps entring Outwards in any of
his Maj*'''^ Plantations Coastwise, or for any other of his Ma*''*'
Plantations do continue in force for one year and no longer;
and all passes for Shipps entring Outwards, in y* s^ Plantations
for Africa, or Europe are to determine either at y" Expiration
of One yeare, or upon their retume & being unloaden in any of
his Maj'''^" Plantations or their arrivall, & being unloaden in
some part of England, Wales or Berwick upon Tweed according
as it shall first happen. And the aforementioned Bonds are to



260 VIRGINIA HISTORICAL MAGAZINE.

be filled up for the delivering up of y« s*^ Passes at the expiration
of such Terme or Voyage accordingly, with a Saveing to the
Master & others concem'd in case of Capture or Shipwreck.
And whereas it may so happen that a Shipp or Vessell receiveing
a pass from y® Govemour or Comander in Cheife of any of
his Maj"®^ plantations, or other person intrusted with the de-
livery of passes may not have opportimity of delivering up that
pass to y* person from whom he rec'd the same, & gave Bond
to, in case the said pass shall be delivered within the time limit-
ted by the aforegoing Article to any other person, who is appoin-
ted to deliver out passes the s^ person is to give a Certificate to
the Master of y* Ship or Vessell that he had returned y« pass to
him, upon proceeding of which Certificate to y® person to whom
y« Bond was given, the s^ Bond is to be delivered up And you
are accordingly to take notice of & to cause it to be put in Execu-
tion as far forth as it relates to you.

6 — ^You are to take particular Care that a perfect Register be
kept by you of every pass you deliver out, in pursuance of y®
aforegoing Directions according to y^ Scheme hereimto annexed.
Transcripts of w'^^ Register you are quarterly to transmitt to
this Office in Order to y* makeing up one entire Register & Al-
phabett of passes given out from his Majestyes plantations.

7 — ^And it being his Maj*'^^ pleasure, that for y^ better pre-
venting any indirect use, or Misapplication of y^ s"^ passes, y°
Govemours, Comanders in Cheife & Collectors in y^ sevrall
plantations (mencioned in y« paper hereimto annexed) shall by
every oppertunity comunicate to each other y^ like Trans-
cript of y* Registers of passes. You are to take care to comply
with the same accordingly.

8 — And his Maj*'^° having further declared his pleasure that
these passes shall be delivered gratis, & y* neither the Masters
or Owners of such Ships or Vessells as receive y^ same, shall be
put to further Charge on any consideration whatsoever, than
that of twelve pence for each as his Maj"" due for the Stamp,
You are to take perticular y* y^ same be strictly complyed with
and to demand from y« Masters of all such Ships & Vessells,
who shall receive Passes from you, as often as you do deliver y®
same to them, one shilling for y'^ Stamp for his Maj*'®* use, and



COUNCIL PAPERS. 261

transmitt an accoxint thereof from time to time to our Secretary,
and you are also to take effectual care for sending y® s^ money
by all convenient oppertimities to this Office.

Lastly — You are likewise further required to give us early
Notice from time to time, when it may be necessary - to send unto
you supplys of passes that so y® same may be dispatched to you
accordingly, & y^ Trade of his Maj*'*^^ Subjects not be exposed
for want thereof.

Dated at the Admiralty Office this 2pt day of June 1700.
J Bridgwater
Haversham
D Mitchell
Geo: Churchill
By Comand of their Lords'pp^
J Burchell

By the Comissioners for Executing the Office of Lord High
Admirall of England.

Suffer the Ship Providence of Virginia whereof James Wood is
Master, Burthen about One Hundred Tons, mounted with Six
Gvms and Navigated with Twelve men. Eight his Maj*'^^ Sub-
jects English built. But if a fforreign built Shipp it must be said
ifoireign built made free, to passe with her Company, Passen-
gers, Goods and Merchandizes, w'^'out any Lett, hindrance.
Seizure or molestation ; the s*^ Shipp appearing unto us by good
testimony to belong to the Subjects of his Maj''«, and to no
fforreigner

Given imder our hands & y^ Scale of our Office of Admirall
at Whitehall y'' Tenth day of June in the year of our Lord One
thousand Seven hundred.
To all persons whom these
may conceme.

By Comand of their Lord'pps.

James Wood of Virginia Marriner and Master of the Ship
called the Providence of Virginia now at Anchor there maketh
Oath before A. B. Govcmour of his Maj''^^ Colony of Virginia
That the said Ship called the Providence of Virginia Burthen



262 VIRGINIA HISTORICAL MAGAZINE.

One hundred Tuns, more or less, mounted with Six Guns, and
Navigated with Twelve men, whereof Eight are his Maj*'^'
Subjects & four Strangers, is bound for England and that he is
appointed the Sole Master for the said Voyage, and knows no
other Master, is an English buUt Ship and doth belong to the
Inhabitants of Londone and other places in the Dominions of
his Majesty of Great Britain. And further saith, That the said
Ship was never called by any other Name, and that he never
had a former Pass for her.

Or if called by any other name it must be filled up thus —
And that the said Ship was formerly called y^ Adventure, and
that the last Pass he rec'd for her is returned to the Govemour
of Virginia.

Jurat. That the Contents abovesaid
are true to the best of his knowledge,

Coramme

Oath of a Master of an English-built Ship

James Wood of Virginia Mariner and Master of the Ship
called the Providence of Virginia now at Anchor there maketh
Oath before A. B. Govemour of his Maj*'«^ Colony of Virginia
That the said Ship called y"* Providence of Virginia, Burthen
about One hund^ Tons more or less, mounted w*'' Six Guns, and
Navigated with Twelve men, whereof Eight are his Maj*'*^ Sub-
jects, and ffour Strangers, bound for England, and whereof he
is appointed the Sole Master for the s'l Voyage, and knows of
no other Master, is a fforreign built Ship — made ffree, and doth
wholly belong to the Inhabitants of London and other places in
the Dominions of his Majesty of Great Britain. That the said
Ship was never called by any other name, and that he never had
a former passe for her.

Or if called by any other name, it must be filled up thus.

And that the s^ Ship was formerly called y^ Adventure, and
that y® last pass he rec'd for her is returned to the Govemour
of Virginia.

That the said Ship was never called by any other name, and
that he never had a former passe for her.



COUNCIL PAPERS. 263

And that the s*^ Ship became English Propriety as by Certifi-
cate from S"" John Shaw, Baron*' Collector of the Customes
dated the 25*^ June 1689 does appeare.

Jurat, That the Certificate of the
freed ome of this Shipp produced
and the Contents af ores'*, are true
to the best of his knowledge

Coram me

Oath of a Master for a ffree Shipp,

[There follows, in Latin, some bond, about which, in English,
is the following condition.]

The Condicon of this Obligation is such. That whereas the
above bound James Wood hath rec'd a Pass from A. B. Gover-
nour of his Maj*'*"^ Colony of Virginia for the good Ship called
the Providence of Virginia and whereof he the s** James Wood is
Master, bearing date, w*"* these p'sents, Now if the s** James
Wood shall deliver or cause to be delivered up the s** Pass to
the Secretary of the Admiralty, or to the Govemour of Virginia
for the time being or any other person entrusted w*** y* delivery
of Passes, in any of his Maj''^' Plantations or elsewhere, either
at the Expiration of One year from the date hereof, or upon the
Shipps', retume, & being unloaden in some part of England,
Wales, or Town of Berwick upon Tweed, or her arrivall or being
unloaden in any of his Maj*'^- Plantations, unless she shall
happen to be taken by pirats, or be Cast away & Shipwrecked;
Then this Obligation to be void & of more effect, or else it shall
remaine in full force 8c virtue.
Sealed & delivered
in the p''sence of [Blank]

Bond for a Ship or Vessell entring Outwards in y' Plantations
of Africa or Europe.

[Latin]

The Condicon of this Obligacon is such. That whereas the
above bound James Wood hath rcc'd a Pass from A. B. Govern'



264 VIRGINIA HISTORICAL MAGAZINE.

of his Maj*'*^ Colony of Virg'a for y® good Ship called the Provi-
dence of Virginia & whereas he y® s*^ James Wood is Master bear-
ing date w**" these p'"sents Now if y^ s*^ James Wood shall deliver
or cause to be delivered up y* s^ Pass to y'' Govemour of his
Maj*'^" Colony of Virg'a for y^ time being or any other person
entrusted w*"" y^ deliv'y of Passes in any of his Maj*'^' Planta-
tions, at the Expiration of One year from y^ date hereof, imless
the Ship shall happen to be taken by Pirats or be Cast away &
Shipwrecked : Then this Obligation to be void and of none Effect;
or else it shall remain in full force & virtue.
Sealed and delivered
in the p'sence of [Blank]

Bond for a Ship or Vessell entring outwards in the Planta-
tions Coastwise or for any other of his Maj*'®' Plantations.
[Form of the Registry for Passes on separate sheet]

An ace* of the Several! Plantations to which Passes are Sent.
Jamaica Virginia New Hamshire.

Barbadoes Maryland

Leew*^ Islands New York

Bermudas Massachusetts Bay

Plantations under Proprietors & a Charter Govemmn*.
Bahama Islands East & West New Jersey

Carolina Connecticut

Pensilvania Rhoad Island



Instructions in Regard to Trials.

Whitehall Aug* the P* 1700
S^

Their Excellencies the L*** Justices having by Order in Coun-
ciU of y^ IS*'' of July last, required us to signify their pleasure
unto the respective Govemours of his Maj"^^ Plantations in
America, as well such as are granted in Propriety as such as are
Governed by Comission from his Maj*'^ relateing to the method
of proceedings in the severall Courts upon Tryalls of all sorts of
Causes in the s^ Courts in those parts respectively, wee send



COUNCIL PAPERS 265

you here inclosed a Copy of the s*^ Order, that you may observe
the same in transmitting to us the ace* thereby required, with