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Two hundred Pounds of Tobacco which Power was soe granted
to prevent f rivelous & unnecessary suites in y ° County Courts
which are held every second month; & once at least in Every



VIRGINIA IN 1666-1667. 39

year there is a Court of Enquiry w*^ wee call an Orphans Court
held before y* said Justices of the respective Countyes where
all Guardians are required to appeare, and bring their Orphans
to bee examined wether they are well used and to give an *ac-
compt to the said Justices of y» well, or ill Management of
such Orphans Estats as are committed to their trust, & these
severall Courts are soe appoynted in the respective Counties
as any person who may have business in many of them may
easely attend y* same because they are held neither on y*
same day, nor in y" same month at several! places from y"
Judgm'' of w*'' Courts y* parties agreeved may appeale to the
Gennerall Court held at James Citty on September, November,
and March every yeare before y* Gov and Councell which
' Court is of a mixed constitution for all Causes of what nature
or vallue soever they bee above Tenn Pounds sterling, or
fifteen hundred Pounds of Tobacco are tryed there either in
Common Law, Chancery, or Crimiuall as Treasons, Murthers
Felonyes, etc. if any Quakers, or other secteryes, or Noncon-
formists act anything in poynt of Religion contrary to the
Statutes of England, or the Lawes of this Country they are
tryed in that Court, y'' Power of Peace & Warr is seated in the
same. The Govemo'' and any three of the sixteen Councello'*
now residing here make a Court, Wherein as greate Care is
taken to malve the Lawes and pleadings upon them Easy &
obvious to every mans und'standing as in other parts.they doe
to keep them a mistery to the People for noe advantage is
allowed to either party from little Errors in Declarations or
Pleas etc-but both are keept within the just L>-mmitts of ye
merritts of their Cause and Judgm'^ pass secundum alegata et
probata & References are rarely obteyned but upon very just
grounds as either sickness of the party desiring it, or of y*
Witnesses, or papers in England etc. from which wee draw
these two greate advantages, y' avoiding trouble to y" Court,
and the speedy* dispensation of Justice to those who seeke it
from y* Judgm'' of which Court any person (upon securitie



*[sicl



40 VIRGINIA HISTORICAL MAGAZINE.

given to prosecute it) may appele to the Assembly which
consists of the Governor, Councell & Two Burgesses chosen
upon (y* Governors Writt) by y' freeholders of every
County, and one for James Citty which assembly is convened
once in Every year (and upon Emergent occasions oftener)
a matter (though Chargeable) yett most necessary for the
spedier prevention of such Inconveniences, or Confirmation
of such good Institutions as may be most likely to obstruct, or
advance y * prosperity of New settled Govemmen*" there our
Lawes are enacted (all or most of which I hope your Lord-
ship hath seen) there are Leavies laid upon the People & pro-
portioned to the publiq * necessity, and since all fines imposed
upon offend''' are here (if not upon submission released)
leavied to the use of the Publiq^ (though to the use of the
Respective Govemo" till S"" W" Berkeleyes time, who first
released them that hee might keep his Reputation cleere from
all hazards of Calumny) It is by y^ Assembly orderd what they
shall bee imployed on, in fine it is by this Excellent temper that
a Right understanding is keept between Govemo'' and people
and that y* strings of Government are always kept in tune.
And now my ever hono'^ Lord haveing said this much of y°
two first parts of this Govemm* I shall proceed to the last
which is y° millitary parte of it, and informe your Lordship
that as y ' Country is devided into nineteene Counties, soe
it is into foure Provinces; The first whereof which containes y^
next adjacent Coimties to the Gov' is under his owne imme-
diate Conduct, y ^ other three being more remote are committed
to y ° Care of three Major Genneralls (one of whom Maj'' Genn'U
Richard Bennett I beleeve to bee of your Lordships family
both by his Name & armes) Every Maj' Genn'll hath two
Adjutants, and every coimty within y* said Provinces hath a
Regim* of ffoot imder y' Command of a Collonell (who for y»
most parte is one of y ° Councell) & other inf eriour Officers &
in many of them a Troop of Horse undbr y *• comand of a Cap-
taine, & other inferioiir Officers which horse when drawne
together have an officer appojmted over them — Besides there
is a Captaine of y° fort by Commission from y* King, and a



VIRGINIA IN 1666-1667. 41

Captaine of y" Guard by Commission from y« Govemo'' as
all y * other GflEicers are as from their Genn'U y ' Millitia of the
Coimtry being thus disposed of greate care is taken that y*
respective ofiScers doe traine them, and see their armes well fixed.
And truly my Lord I beleive all to bee in soe good Ord'' as an
Enimy would gaine little advantage by attempting any-
thing upon them,. I haveing now done w*^ y« last parte of this
Govemm*, I shall beg your Lordships patience whilst I write
a Word or two of y • articles betweene us and the Indians who
now-hold noe land but what wee grant them, and if they com-
mitt any Offence against an Englishman, or hee against them
It is tryable in our Courts, or before some of our Magistrates
but for any Difference amongst themselves it is still left to the
Discision of their owne Customes. I shall conclude with a
list of the principall Officers of State in this Govemm* w"** are
the Governor of whose revenue (being one Thousa«d Poimds
p Annu) I shall with your Lordships pardon say that though in
the Infancy of this Colony it might justily bee thought enough
yett now it is not onely Less then any other Govemo'' in the
West Indies receives but is foo little for y • Necessary Supporte
of that State y« Gov' of this his Ma"** antientest Colony
must keep, nor could our Govemo'' comporte v^dth y* Grandeur
of his authority nor comply w*'' his greate expences in setting
jp Manufactures, and other excellent designesfor y* good and
Example of this Country, did not his necessities make liim
admirably Industriotis on his farme for ye improvement of his
Revenue, wliich unavoideably diverts much of that Care hee
otherwise would wholy imploy for y" Publiq* utilHty of this
Colony. The next Officers are y' Councell Treasu'' Secretary,
Cap* of y* ffort Auditor Gennerall, and Surveyor Genn'U be-
fore y first of the Two Last all y Collect© " of y" Two Shill-
ings p hogshead of Tobacco, & all Sherriffs, or other receivers
of Publiq* Leavies appeare at James Citty twice in every
yeare, and perfect their accounts with him & take out their
discharge from him as out of the Exchequer in England and
before y* Surveyor Genn'll once a year appeare all Inferiour
Surveyo" (who are commissionated by him) with a booke of



42 VIRGINIA HISTORICAL MAGAZINE.

all y • Surveyors of Land by them made to bee examined wether
they have done right between y" King & his subjects of this
Colony who by an antient Indvilgence of y* crowne have a
Right to fifty acres of Land for every p'son they transport
into this country w*** transportacon being proved in any Court
of Record y" Gierke gives y' p ty claiming a certificate upon
w*'' y" surveyor measures him y» Land, and gives him a survey
und'' his hand which with y * certificate being entred in y « Sec-
retarys Office a pattent issues out for y* same signed by y*
Gov'' & Sealed vi^^^y" Scale of y° Colony, The Land to be held
of the King in Common Soccage at y « yearly rent of one shill-
ing for Every fifty acres, & to be seated in three years after
y" date of the pattent, or y» Land to bee Lost. My most
Hone* Lord I have now noe more to say but to beseech your
hono' that if you shall judge mee to have said too much to
Consider that the Nature of the subject would have admitted
much more, & if your Lordship shall blame mee for being too
short that you may forgive mee too, since I am affraid your
other greate Imploym*" will not permitt you to peruse what I
have already said, & shall therefore add noe more but my
Peticon for your Lordships pardon for my imperfections, and
may God for Ever bless you with all the blessings of Heaven
and Earth, & bless mee also w*"* a Continuacon of ^'^our favors
opon

My most honored Lord

You' Lordships most himible and HaythfuU
serv*.
[signed] Tho : Ludwell.
Virg' 17* »> 1666.

(Indorsed]
Virginia 17*^, Sep* '66

M' Ludwell, Secr'y gives a large yet modest character
of the Govemo' & Govemem*.



VIRGINIA IN 1666-1667. 43

GovENOR Berkeley to Lord Arlington, 1637.
(Copy)

[Colonial Papers. Vol. 21, No. 55.]

My Lord

I have given your Lordship frequent accotints of the
publique businesse of this Countrye But now must beg leave
to write to my Lord Arlington not as Secretary of State but
as to a noble person who I know as* seen in me an infinite re-
spect of his parts and Vertues this inclination of mine my lord
has been mightily increass'd by the frequent letters I have
had from my deare brother Acknowledging the favors and
kindnesses our family has receaved from you and did comand
me that I should addresse myselfe to your lordship when I
dard to hope for a marque of the Kings favour What shal I say
my Lord age and misfortunes has wilted my desires as wel as
hopes and the truth is I cannot in this time of my very old age
so wish myselfe happy but that I presently repent of my de-
sires to be so the way I proposd: when the time was that I
could have taken any—, gust in the favours of princes I wanted
the helpe of a frendly Angel to put me into the Poole when the
waters were made seasonable for hopes and powerful to heale
dispayre.

I have donne the King and his blessed father all faithful
service in my station but am as farr from pretending merit
to my King as the most pretending strict presbiterian is from
(G]odt

Yet though Ambition comonly leaves sober old age
co[v]etuousness does not I shal therefore desire of your Lord-
ship [t]o procure of his Matie the customes of two hundred
Hogshead [o]f tobb. I have now sent home. I have expended
[mjore on the extraordinary charges of this warr I shal desire
my brother to soUicite your lordship for this grant who is the

*[sic]

tIM. S. defective]



44 VIRGINIA HISTORICAL MAGAZINE.

cause of this bold request my lord the great cause of mistakse
in this World, is that we thinke every one knowes our inclina-
tions and affections as wel as we doe our selves and that often
puts us on unmannerly petitions and if this be of that nature
I shal humbly beg a pardon but never cease to be a thankeful
acknowledger of the favors you have been pleased to shew
my dearest Brother

My lord I am from my hart Your Lordships most humble
(and pardon) most affectionate Servant
June 5'^ 1667

[signed ]Will Berkeley.

[Endorsed]

Jime 5, '67 S' W" Berkeley Virginia desires of his Ma*^ '
the Customes of 200 Hogsheads of Tobacco.

5*^ June 1667.

(To be Continaed.)



MINUTES OF COUNCIL AND GBNERAL COURT. 45



MINUTES OF THE COUNCIL AND GENERAL COURT

1622-1629*



Prom thb Originals in the Library of Congress.



(Continued from XX, 157)



•All erasares In the original are hen printed in italics.

(pencil folio 47] [ink folio 9]

November 8th Sr Fra : Wyatt Gou''no''

Peaceable Sherwood ( ^) aged about 26 yeere sw[orne

sayeth, that hee knoweth of a trunk that was broken

but was not privy to the doing of it

& sayth that hee saw certayne toren paps [papers] swiminj

do[wne]

the river & that M" Corker sayd they were y artic[les]

& sa3rth that to his best remembrance the word in the

first article was (proportionable, not equall[y]

The 2'* article hee doth acknowledge

Of the 3 '** He know sayth a booke was to bee ke[pt]

but he doth not remember that the no act was to be

entered into or don w*''out y** consent of each other

If any disagreement were, they should pt & a proppier

sion be made prop

There was such bonds sealed & deliuered but what

is become of them he knoweth not



iPeaceable Sherwood was living at James City, February 16, 1623;
but died at "the plantation over the water," before January 23, 1624-5.



46 VIRGINIA HISTORICAL MAGAZINE.

Touching the bond He knoweth not what yeares w[ere
agreed on for payment, but sajrth he heard Mr. Dr[i
demand two years And whereas though he is be a witness to
A bond, he did not reade it ouer.



[pencil folio 48] [ink folio 10]

A Court held the 8 of [November]
1624 being present Sr Frances
Wyatt knight Gou'nor

Robert Poole swome and Examined sayeth y* in the Tra[dtng]
Vioage wherein he was ymployed for Mr Thresurer
Pynnace called y * Elizabeth, he gave for eve xxx
Tubb bushell of Come, he bought of y » Indyans, tu xx
armes length of some beads, and thirteene armes le[ngthl
of some beades for Another Tubb.

And further he sayeth y* he did nott put away any o [fMr. }

Thresurers beads for come for his owne priv xx

vse no' any other in y« shipp to his knowledg

but he sayeth y* all y « shipps Company did truck

and trade for skins, butt where they hadd th

Truck he knoweth nott.

further he sayeth y* Capt Croshow gave for A great
Canoe w"'' he bought 10000 of blew beades, sayings
y' he would give M' Thresurer satisfaction for the beds

Also he sayeth y* he paide for matts 20000 of
blew beads, of wc"" matts there was vsed to seele
ye shipp 20, and

further he sayeth that he gave to the great man of potuxsea
to be their guid to pocotonck 6 or 800 of blue bead



MINUTES OF COUNCIL AND GENERAL COURT. 47

And saith y* hee did not buy aboue 6 tubbs of Co xxx
for any Copper

further he sayeth y* he did see in A Cheast RiC* xxx
some 201 of powder Knitt vpp in A Lynnen C xxx
and Certen Shott but how much he knoweth no[t]

further he sayeth y* he bought 7 great beare skins, 6 xxx
skins, 2 violdcatt skins, 9 otter skins, 2 yonge beare skin
skins [ [?] 8 or 29 muske ratts skins, 1 Lyone skin W^
Petuxsone gave him, and y* brought home
noe black fox skin And sayeth y^ Cap* Crosh[ow]
[torn and faded] of skins as he hadd



[pencil folio 49] [ink folio 11]

And further he sayeth y* he bought no e [torn] is
for redy beades to be deliuered htm ha

And sayeth y* at pocotanck they staid some 23 or 24 [days] s in

hope the Indyans would have fumisht them wth Come [b]ut one

weeke

thereof was vnnecessarily spent in seekinge owte of An English -

man And
the M' affirmeth ye same also

John Waltam [^] swome and Examined sayeth ,y* there was
in ye ship

one full barrell of powder, anso neere 201 of powder besides
and sayeth y* Capt Croshow carried ashore owt of the shipp 2
murtherers and 3 Chambers

Jeremy Roberts swome and Examined sayeth y* Mr. Gryme did
send y* dutchmas aboorde and tett away A mdlett of powder
2 or 3 gallons. And further sayeth y* he tett 200 of da xxx

2John Walton was living at Elizabeth City, February 16, 1623, and
was returned as a resident of the same place in the census of January,
1G24-5. He was then included in the "Muster" of Alexander Mountney,
was aged 28 and came in the Elizabeth in 1621.



48 VIRGINIA HISTORICAL MAGAZINE.

fishe from M' Chew vppon M' Threasurers Accompt,

Mr Geyny had for his owne vse, and Allwyn dame
vppon his oath doth iustifie the same, and alsoe y* M' Genly]
Tooke Away 2 Copper furnaces 2 bottomes of Coppe[r]
and 3 Covering of Copper.



[pencil folio 50] [ink folio 12]
[Only contains some meaningles figures.]



[Pages 59 and 60 (numbered 49 and 50) printed Jan. 1912.]



[Page 61 (ink folio 60, pencil folio 87 blank.)]



[blank]



[pencil folio 88] [ink folio 61]

The Testamony of M" Mary Whittaker ["] taken
before the Gouemo' the 19*'' of November 1624

She affirmeth that not longe after Cap* Martin cam
into James River, he cam vnto the house of Cap* Jabez
Whittakers and amonge much other Discourse complayned
y* he had lost his Cropp by Coming in so late, y* said M"
Whittakers Demanded of him why he would com by Canada

sCaptain Jabez Whitaker owned land and resided on Southampton
River, now Hampton Creek. The census of February 1623 shows Cap-
tain "Isaac" and Mary Whitaker then living at Elizabeth City.
"Isaac" is evidently a misreading or misprint of "Jabez." Captain
Jabez Whitaker was a member of the House of Burgesses in 1623 and of
the Council 1626. He was probably the same person as Rev. Alexander
Whitaker's brother of the same name. He married Mary, daughter of
Sir John Bourchier, an uncle of the Regicide (see this Magazine I, 295).



MINUTES OP COUNCIL AND GENERAL COURT. 49

to w"'' the said Ca Martin replied softlie whispering in her
eare they both beinge neere together This was the last plotte
of the Company to take away my poore liefe.



[ink folio 21] [pencil folio 59]

[torn] Burrows gent swome and Examined sayeth y* about
whitson mtmday last m« Thomas Allnut [*] meetinge w***
him Told this Exa. y* now he knew who it was that
should Steele mara Buck [said y* was noe
noe smale one, but y* it was A great one] And further
this Exam sayeth y* he beinge very ymporttmate wth
Mr Allnut to tell him who it was, the said Thomas
Allnut said it was m' Sandys y* minister, and that
he had rather m' Richards should have her then he

Elinor ye maide servant of Thomas Allnut swome and

examined sayeth, y* shee herd her m' and M'" say y*

M' Sandys ye minister woulde steal away

Mara Buck

stolen [torn] and y* then this Exa: tolde her m' and M" y*

Francis

Dunninge servant to Cap* Mathews, told her that there was

one of y* side y« water would take away a maide

from this side, but named neyther of y* pties, where

vppon her M"" and M" said they could not devise who

should take her Away, except it should bee M""

Sandys y« minister

Bridgett Burrows y* wife of John Burrows gent swome &
examined saith y* uppon whitsone Tewsday in y * mominge
Mrs AUnutt came vnto her and told her y* now she

■*Thomas Alnutt and wife were living at the Neck of Land, James
City, in Feb. 1623, and at the census of 1024-5 lived at the same place,
where they were neighbors of the Burrows family. Thomas Alnutt,
came in the Gift and his wife in the Marytiold. It would seem that this
statement of Alnutt's charges against Sandys should precede the order of
Council (this Magazine XIX, 239) of July 12, 1024, punishing Alnutt for
this slander.



5(ut VIRGINIA HISTORICAL MAGAZINE.

knew who it was, and said y* was M' Sand3rs, and
this Exa: demandinge of Mrs Alkiutt how she knew
it, said y* her maides Coimtiyman dwellinge one
the other side y ' water, who told her that there
was A maide of this side y* was to be stolen away
by one from the other side



[ink 22] [pencil 60]

asked her anything conceminge [sic] y* matter y»
Deny it, but y^ anybody shee shovild [torn]
to any bodye ells, and further this Exa say
this tyme M' Allnut moved the match
very Convenient and fitt for him

John Jacksone swome and examed sayeth y* being [torn]

his howse, Mr. Burrows, ye p' vost marshall

beings pnt, vppon some report y* Mara B[uck]

ge stolen away, M' Burrows said y* he had rathe[r M'

Richards should have her then a stranger, or any other [he]

did nott know, and therefore wished Mr Richards

yf hee coiild love her, and shee him to make

yf he could gett her goodwill to p'vent other

Mr. Burrows wisht it might be Devuldge abro[ad]

prevent any such intent in others, foorther this xxx

sayeth y* M" Btirrowes prayed her husband to nott

trouble himself for she would look to her so [not ?] being

stolne and beare y* blame yf shee were stolne, this

Exa: fourther sayeth y* walkinge in the Hands w*'* M'

Richards

asked him whether he had any such intent to mary

Mara Buck, w«^ M' Richards vtterly denied

Thomas Allnut swome and Examined, sayeth y' vppon whit
Monday at night, M' Burrows vppon the reporte of M[ara]
Buck her stealinge away, said vnto this Exa : y* hee [would]



MINUTES OF COUNCIL AND GENERAL COURT. 51

rather M' Richards should have her then one he [knew]
not and asked this Exa: yf hee were nott of the s[ame}
minde, to w"*' he answered yes, and foorther Mr Burr[ows]
asked this Exa: wiefe whether shee ware nott of y' sa[mel
minde to, to whom she answered yes.

Mrs AUnut ye wiefe of Thomas Allnut swome and examined

say

y* Ellynor her maide did tell her, t* her Countrey wo[man]

dwelleth with Mr Thresurer Capt Mathews did tell her y*

there was one [of]

theire plantatione y* intended to steale Awaye a maide

of this side And ther vppon this Exa- suspected it was

Mr Sandys y * minister, And accordinglie went to M» bourow

and Acquainted her y' she thought it was Mr Sandys



[ink folio 25] [pencil folio 63]

Whereas Mr Doctor Pott and Capt Hamer were sent
to search for certen of M' Tutchins papers, Among
Hamer happened vppon one wrightinge W^ Concerned the
said Capt Hamer Walter Davis and Edwarde Tutchine, w"** Cap*
Hamer beinge Gardian to John Dauis brother to y* said
Walter Davis deceased, tooke owt of the truncke, and p'sent
heere in Coorte, therby to Chalenge what should be dewe
from the said Edward Tutchine, And whilst y » matter
was in Debatinge M' Lamoyne much forgettinge himself spake
these words) Conceminge y « taking away of the said wrightinge
that yf him self should haue done as much, perhaps he should
have kyste the whippinge post, where vppon the Covut hath
Censured y * said Lamoyne to aske Cap* Hamer in open Court
forgiveness and to pay twenty pownd str. fyne to y* Courte

John Swarbrooke O swome and Examined sayeth y* the Cowe
in controversie between Mr Blany and M' Sharpe

*No John Swarbrook appears in Hotten. A John Swaxbeck lived at
Pasbehaighs 1624-5.



52 VIRGINIA HISTORICAL MAGAZINE.

was never vnder his Charge when he kept Capt W"
Powells Cattle, w«^ was about from about A moneth after y*
massacre vntill y • Court next followinge

Christopher Sanford swome and exad sayeth, that y" Cow in

Controversie as aforesaid was brought hither to this Hand

after y" massacre w*** Sr George Yardley Cattle, and

was vnder this Exat Charge about nyne moneths

and y* when he delivered vpp Sr George Yardleys Cattle

he left that Cow amongst them,

Yt is ordered y* M' Blany shall deliu to M' Sharpe the
Cow and A Calf when proof e is made w"^ is y* Calfe

Yt is ordered yt Peter Staff erton (') shall paye Capt Peerce
one hundred and fiftie pownd weight of merchantable
Tobacco, because he failed him of seaventeen barrells of
Come sold to him y« said Cap* Peerce for nyntee pownd
of Tobacco y« barrell, and Doctor Pott Testifieth in Court



[ink 26] [pencil 64]

Y* is ordered y* Cap* Nathaniell Basse C) shall have the
Vse of the lande late belonginge to George Grymes C)



9"Mr. Stafferton" and wife were living at James City in 1623.
Peter StaflFerton was a member of the House of Burgesses for Elizabeth
City in 1639.

^At the Census of 1624-5 Captain Nathaniel Basse, aged 35, who
had come in the Futherance in 1622, lived at Basse's Choice in the present
Isle of Wight County. In 1620 and 1621-22 he, with his associates Sir
Richard Worsley, Bart., Jolm Hobson, Gent., and Captain Christopher
Lawne agreed to transport 100 persons to Virginia, and received a confir-
mation, their old patent to be called "The Isle of Wight's plantation."
He was a member of the House of Burgesses for Warrosquoiacke March
1623-4 and October 1629.

*George Grymes appears in the list, dated Feb. 16, 1623, of those
dead at the Neck of Land, since April last. As Grymes was living when
this order was made it seems that the page of the original must be mis-
placed.



MINUTES OF COUNCIL AND GENERAL COURT. 53

at the neck of lande vntill the said Capt Basse
be satisfied the some of Fyf tie pound weight of tobac[co
wch the said George Grymes Doth owe him as by two
bills of Dept 'duced in Courte Appeereth

Yt is ordered y* M' Horwood shalbe heere at Courte-
the seavententh of this instant January To bringe
in his Answere to Capt Hamers demands

John Southeme swome and Exam' sayeth, th* m'
Nicholas Hide borrowed of John Elysone (*) thirty
shillings for one yeere for w"** this Examt standeth
bonde and suartie for m' Hide

Yt is ordered y* m' Jonas Stogden shall take the oath
of WilHam Cooke whether he were acquainted w*"*
the saile of three servant of W™ Gaimtlets to Cap*
Tucker, or vppon w* Conditions they were made
over to Cap* Tucker.

Yt is ordered that Joseph Johnson shall paye Christopher
Best C) twenty pounds weight of Tobacco for the Dept
of Rowland loftis or otherwyde y* he appeare heere



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