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at the Coimsell Table one mondye next to shew
Cause to the Contrarye

Whereas Cap* Bass bought A Sow of Abraham

Porter (") for forty pounds waight of principall good Tobacco

M' Humphrey Rastell swome and exam' sayeth that
Capt Bass did p'mise payment of princypall
good Tobacco as y * said Abraham required

•John Ellison who came in the Prosperous and his wife Ellin who
came in the Charltie were living at Archer's Hope 1624-5.

'"Christopher Best was living at James City 1623.

"Abraham Porter, aged 36, is included by Hotten as among the ser-
vants of Peter Longman at James City in 1624-5. If Hotten is correct,
this order shows that servants could hold property beyond their neces-
sary clothes.


Yt is ordered that Robert Chambley for his Contempt
in not provinge in A Jury beinge lawfully warned
by the Provost Marshall shall pay twenty pound
waight of good merchantable Tobacco

[ink 70] [pencil 97]

Whereas John Powell in the behalf e of himself John Woo [xxx]
Williams brought into this countie, one Covenant made by
Richarde als Sheparde bearinge date the first of Novembe
by w"** Covenant they were to pay to Mr Danell Gookin or hi
A Certen some of Tobacco, as also to deliver divers men & go
as by the Covenant it doth and may farther Appeere, And for
as y • said Richarde als Sheparde is departed owt of This Co
and hath left noe Certen Attorney to receave the said Tobacco

and goodes, nor other order as yett Taken by Mr Gookin, Th
Gou'emor and Coxmsell takinge into Theire Consideracon y* the

Mr Gookine may not be dampnified by the nechgenc of his

have appoynted Cap* W™ Tucker, to take and receave into his
Custody and Care, not only the Tobacco and Come dew by th
Covenant w**' Charge to see y* Tobacco be of the best y* grew
that Cropp, and that non of the said Cropp be otherwise disp
of till the said Choyse be made, But also the Plantacione
servant Cattell and other goods thervnto beloanginge And
in the said Covenant specyfied, And y* the said Cap* Tucker
vppon the receipte of the before expressesd p'mises do putt
in bound w*'' Sufficyent suerties to y* Gouemor and Cotmsell
to be at all tymes Answerable to the said Daniell Gookine
or his Assignes Conceminge the premises, at or before y*

daye of January now next ensuinge.


Richard Smith servant to Mr. Robert Addams C^) swome and


sayeth y* to his knowledge his m' did never gather any of m'

Horwoods Come, nor that his said Mr did euer bid him

to gather any of Mr. Horwoods Come.

Robert Addams swome and Examined sayeth y* James Davis
made A Bargaine w*** M' Emersone (*'), That in regarde
m'. Emersone was to free y " said James Davis of his
service, he was to give the said Mr. Emersone
one servant boy and a Cowe.

[pencil 981 [ink 71]

Whereas Anna Cooper Complayned in Coorte by [torn] tion
yt her late husband James Harisone C*) ^'^ lend a shallopp
to Liv* George Harisone late deceased, w*'' boate the
saide Anna Cooper often demanded of the said Li-vt
Harysone, but could never gett the same or Satisfacto" for it

i2Robert Addams who came in the Bona Nova, was living at Martins
Hundred in Feb. 1624, Mr. William Harwood (or Horwood) also lived at
Martin's Hundred in 1624 and had six servants. He was appointed to
the Council in 1620 and in the next year Commander of Martin's Hun-

i3ln 1624-5 John Davies, who came in the George in 1617 and William
Emerson, "his p'tner," who came Ln the Sampson in 1618, were living at
Jordan's Journey.

'••In Feb. 1624 Ellis Emerson, Ann his wife and Thomas his son,
aged 11, all of whom came in the George in 1623, were living at Martin's
Brandon. Alice and Robert Emerson, children of "Mr. Emerson," had
died in 1623.

'"No details regarding Ensign James Harrison appear in the old
records. Lieutenant George Harrison was brother of Sir John Harrison
of London; was granted a tract of land near Chippoaks Creek on the
south side of James River March 6, 1620-21, fought what was probably
the first duel in Virginia in the Spring of 1624, and died shortly after-
wards. See Brown's Genesis, 11. 913.


Uppon the Testimony of Capt Hamer, that Ensigne Harisone

did lend the said shallopp to Liv* George Harisone

And vppon the Testimony of Cap* Tucker, y* he demanded

the saide shallop of Liv* Harisone in the Right of

the saide Aima Cooper.

It is in Courte ordered that George Menefrey

Administrator for y * saide Liv* George Harisone

shall presently paye to the saide Anna Cooper in

Satisfaction for the said shallop some of

one himdred pound weight of marchantable Tobacco

Cap* Raphe Hamer Coimsellor of State swome & examined
sayeth, that beinge in Conference w*'' Cap* Martyn about
the Gouemor, Cap* Martyn said to this Examinat, that
yf the Gouemor when the date of his three years was
ower, would goveme for the kinge, he would rather he
were Governor than any man else, But yf he governed
for the Company, he would nott allow him to be Governor
Then this Exa' made answer, that hee thought ye Go'uno'
all way se governed for the Kinge, for in all things he governed
Accordinge to the ICings lawes.

Cap* Roger Smith Counsellor of State swome and Examined
sayeth, y* Cap* Martyn being at supper with this deponents
sister and himself, Falinge in talke about Virginia, he
showed some Virginia dyamonds w*'^ some other thing amongst
the rest there was A peece of Cristall, and beinge demanded
from whence he had it. Cap* Martyn saide ther was A
rock of Christall fownd in Virginia, And this Examinat
said y* in his tyme beinge in Virginia he never knew
of Any, Then Cap* Martyn said y* when he cam to
Virginia y* this deponent should see him have A chrisoll
mantle Tree

[pages 69 to 72 printed (misnumbered 47 to 50) in
January, 1912.]


[pencil 75] [ink 37]

A Courte held the laste daye of November, 1624
Present Sr Francis Wyatt Knight &c Cap* Francis
West Sr George Yardley M. Threasurer, Doctor
Pott, Cap* Smith, Cap* Hamer.

Hughe Hayward C^) and Robert Fitt swome and examined

say, that

they were p'sent when Thomas Harralde made his will and that

they both were wittnesses to the same, and y* this will brought

into the Courte by M"" RichardeKingsmell is the same will

and that he was in p'fect memory when he made the same, and

lived about a month after, but made no later will that they

know of.

Silvester Bvillen swome and exa sayeth that John

Dayns did Carye Certen Tymber for Cap* Tho : Barwick

to his house, for W^ he p''mised him some Tobacco but

how much he knoweth nott.

It is ordered y* whereas Thomas Sulley hath broken y» Saboth

daye in goinge A huntinge, as by M"" Richard Kingsmell

hath been Complayned one in Coorte, That he shall paye

five pownd sterlinge in good Tobacco Towards the Church

Charge, and acknowledge his falte in the Church before the


Thomas Gates swome and examined sayeth, that he Cominge to

John Jacksone to demande 76 pownd of Tobacco, y ^ same

Jacksonne went w*** him to George Clarke, and Caled y*

said George Clarke and told him that this is the man y*

this is the must make your house Tyte and yf you will

pay him y ' 76 pownd of Tobacco I will giue you an Acquittal

' *Hugh Haward, who came in the Starr and his wife Susan, who came
in the George, were living at Pashbehaighs in January 1624.

Robert Fitt, who came in the George and his wife Ann, who came
in the Abigail, lived on James City Island 1624-5.

Silvester Buller, aged 28, was then a servant of Richard Tree at
James City.

Thomas Gates, who came in the Swan in 1609, was living in 1624-5
at Pace's Paines on the south side of the river near Jamestown. George
Clarke died at James City in 1623-4.


[ink 38] [pencil 76]

It is ordered at this Courts, That Capt Martyn shall paye
to Mr Humphrie Rastell 960 pound weight of good merchantable
Tobacco such as shalbe valued woorth ijs the pownde at or
before ihe xxth daye of December now next ensuinge at James
Cyttie And that yf the said Capt John Martyn do fayle
in payment of the said Tobacco in pte or in the whole, in
and vppon the aforesaid That then Capt Martyn shall
forfeyt ye 600 pound weight of Tobacco allowed him
by the Coorte.

And that vppon the payment of the said 960 pound waight
of Tobacco the said Capt Martyn and Mr. Rastell shall
scale Release eyther to other concerninge this business

Wheras Cap* John Martyn by Covenant vnder his hande and


ys to paye M' Humfrey Rastell for Transportinge of him self and

twelve men and Certen goods, the some of two hundred, twenty

and eight pownd ster as Tobacco shalbe woorth heere in redy


Yt is ordered that there be abated for five men w*** should have

been Transported and were nott, as also for theire victualls


pownde sterling.

Yt is ordered y* there be six hundred pownd waight of Tobacco

allowed Cap*. John Martyn, for wrongs and damages in


him to Canada and detayninge him there, wherby he Arived

soe late

in Virginia w*'' six hundred pownd waight of Tobacco at two

shillings the pownde Cometh to sixtie pownde ste' (The

Remander beinge one thousande hundred and fowerscore eight


waight ster, Cap* Martyn ys to paye in such Tobacco as

shalbe worth heere two shillings A pownde (wch will


Amounte to one thowsand and fowerscore pownd of Tobacco
w'** Cap* Martin is to paye to M' Htiinfrey Rastell Exer
Admr or assignes at or before the twentieth daye of December
now next Ensuinge in James Cyttle (And that yf ye saide
Cap* Martyn do fayle in payinge of the said one Thowsand
and fowerscore pownd of Tobacco in pte or in the whole at
or before the days aforesaid, That then Cap* Martyn shall
forfect the six hundred pownd of Tobacco allowed him for
wronge and damages as aforesaid

And that vppon the Payment of ye saide one Thowsand and
fowerscore pownd waight of Tobacco, The said Cap* Martyn
and M'. Himifrey Rastell shall scale Release e3rther to other
for and Conceminge this Business.

[ink 39] [pencil 77]

John Phillip A negro Christened in England 12 years since

swome &

exam sayeth, y* beinge in a shipp w*** Sr Arthur Henry Maner-

inge they tooke

A ship Spanish shipp aboute Cape Set Mary and Caryed her to


in w''' shipp was A spanishe ladye and divers other, Arid beinge


m' Symon Tuchinge Cam into Mamora in a smale shipp, and


some Conference had by y* said Tuckinge w'** Spaniards taken


aforesaid, he was by them ymployed in y * said smale shipp to


to feach money for the Ransominge of the said lady w'** Accord-

inglie he p'formed.

Edward Pepprett sv\'ome and Examined sayeth y* Symon Tuch-

ing told this deponent

him before divers other of the shipps Company thar he was the



Tutchinge was banished owt of England and Ireland, sa)dnge
I Come of A good kindred, I dare nott shew my face wher I
was bonie, I care nott yf all my kindred were hanged, and doth
Cale the p'testant Lutherans, And ftirther sayeth y* saide
Tutchine hath been very dilligent in soimdings of this River
as also in enqueringe after the Chanells of other Rivers w*''in
the baye And further he sayeth that Tutchinge doth give owt
and intend at his retume to Tuch at the Westeme Hands and
refresh his men

George Rugless swome and Examined sayeth y* the said


reported of himselfe y* he was a banished man owt of England


sayeth y* he was very well acquainted and respected in y « Made-


and hath said of his kindred (y* they did not care for him, nor he

for them, And he cared not yf his freends were all hanged

and jrt yf occasione were, he would Tuch at the Wester Hands

Maderas as he reto'.

John Lamoyne marchant swome and Examined sayeth y* M'


did tell This Examinate that he was a banished man owt of Ire-


[ink 40] [pencil 78]

William Emersone swome and Ex^ sayeth, that at Christmas
last past this Examt' and John Davis, Did give to William
Liv* Gibbs for A man servant named w™ Popleton, for
two yeers, three hundred pownd waight of tobacco wch
Tobacco was presently paid to Liv* Gibbs.

Yt is ordered y* y » like Lre of Administ' be granted to John
Bush as hath been formerly granted to mr. George Keth
And that he bringe two SufiBcyent men to stande bound


w*^ him the trew pformance of the said Administra* And
to be heere one mondaye next Com fortnight to pforme
this order, at W^ time or before Mr. Keth is to
bringe in A trew Accompt of the Estate of y« O'phant

[At the end of this page and the beginning of the next, are
depositions in regard to the attempt made by the drunken
master of the ship Ambrose then lying in James River, to
commit an vmnatural crime with one of the crew. The details
are unprintable, even as part of an ancient record.]

[pencil 95] [ink 68]

Mr William Cleyboume sayeth y* he was in place

when M'' Threasurer did say he had frely forgeeve Marten

Turner two yeers serNdce of his 7 yeers

w'ch he was to serve him. A,nd Marten Turner

did not contradict it. And y* howe Marten had

but five yeeres to serve, w*=^ the said Marten

beinge presesnt did not gaine say.

Wheras the Counsell the half doth Chalenge for them selves and
the Publique officers of the Colonic the moytie of y* Companys
rente, as Appeereth by theire great Charter of laws and

prders dated [sic] And since it is

a thinge y* was never heertofore payed Nor by the Treasurers
Commissione as he Conceaveth, he is Awthorized to pay it. He
therefore doth Peticion the Court, That it may be referred
to A nisi pryus, wherin neyther pte shalbe interested
Yt is ordered yt one Tcusday Wensday Com senight the xvth
of this december next (sic) be a Jury warned of discreet
A Sufficyent men Consistinge of 18 psones in number
to decide the forsaid Questione


[96] [69]

Wheras Cap* Hamer Compleyned in Courte for y * recovery
of A Debt of 250 waight of Tobacco Dew to be paide
by Ensigne James Harrisone Deceased and David Baily
and John Costarde I'wise Deceased as p*ners together
for as much as noe prooff e was made of their p*nershipp
and for y* it Did appeare by two servants that were only
left alive, That they did proply belong to the saide
James Harisone,\as by deposition of the said servant
appearath y* is therefore ordered y* Anna Cooper late
wiefe to the said James Harisone doe onely Satisfie the
pper depts dew by the said James Harrisone

The Depositions of Jo ; Coker taken before Capt
Willia Tucker ye xxi*'' dye of November 1624
Tutchinge y ^ difference between Cap* Raphe Hamer
and Justinian Coop'r and his wife

This deponent sayeth y* he was servant only to Ensigne
James Harisone, and no man to Jo : Costerd
or David Baylie, neyther doth he know of any agrement
betweene the said James Harisone John Coster and David
Barry of C'^tnershipp And he also sayeth that the
said James Harysone had pte o' pcell of the
goodes that were bought of M'. Robert Bennett
deceased by the said John Coster or David Barry

John Coker

The depositione of John Curtis
taken as aforesaide

This deponent sayeth y* Ensigne James Harisone deceased


bought of Liv* John Cheasman C^) his [Curts's] tyme of ser-

and two more named Henry Davis and Jo : Maltman
for y * sole and pper use of the saide James Harysone
for the some of six hundred pownds of Tobacco which
some was paid by the wiefe of the said James
Harysone owt of his owne pper Tobacco
The mark X of Jo:

/ William Tucker doe affirmc.

[Page 79 (ink 63, pencil 79) blank)

isjustinian Cooper who, from this entry is shown to have married
Ann widow of James Harrison, was long resident in Virginia though his
name does not appear in the Census of 1624-5. He was probably out of
the country at the time. He settled at Warrosquoiacke (the present Isle
of Wight). On Sept. 1, 1636, he patented 1050 acres in the County of War-
rosquoiacke adjoining the head of Lawne's Creek, Back Bay and his
own dwelling house. In 1645 he patented tracts of 112 and 1350 acres in
Isle of Wight County near the head of Seaward's Creek, part of which
had been granted to him in 1637. He had other grants of land.

There are various papers in the records of Isle of Wight County
which refer to him. Among these are; (1) deed dated Oct. 19, 1625, from
Gyles Jones to Justinian Cooper and Ann his wife, conveying 100 acres,
part of a patent dated December 14, 1619; (2) deed Sept'29, 1629, from
Justinian Cooper and Ann his wife, "late relic of James Harrison," to
Wassell Neblin and George Fawdon, conveying the above named 100
acres; (3) deed, April. 25, 1646, from Justinian Cooper and Ann his wife
to John George, conveying the Robert Bennett Tract and the Quarter
Tract (200 acres) part of a patent for 2,000 acres, dated March 16, 1642;
(4) will of Justinian Cooper, dated March 26, 1650, (printed in this Mag-
azine VI, 122). His wife Ann was then living; (5) deed, 1671, from William
Woolard, late of Harwich, Essex, England, mariner, but now resident in
Isle of Wight County, Va., heir of Justinian Cooper, long since deceased,
to Nathaniel Bacon, Esq.

isjohn Cheesman, or Chisman, of Kicoughtan, gent., patented 200
acres on the river over against that place, Sept. 2, 1624. He was born in
1597, came to Virginia in 1621, was a Justice of York County 1635, mem-
ber of the House of Burgesses 1642-3, and was appointed to the Council

1652. He married Margaret , and returned to England before 1661,

being then a resident of the parish of St. Mary Magdalene, Bermond Sea,
Surrey. He died in 1665. His brothers Thomas and Edward Chisman
(the latter bom in 1602) were living with him in Virginia in 1623. From
the latter the Virginia family of Cheesman or Chisman descends. See
this Magazine I, 311, 312; XIV. 86, and Wra. and Mary Quarterly Oct.
1892 and July 1893.


[ink 44] [pencil 80].

A Cotirte held the xiij*^ of December 1624 present
Sr: Francis Wyatt knight &c Sr George Yardly Knight
Doctor Pott, Cap* Hamer, Cap* Smith

Abraham Porter swome and examined sayeth y* the last yeere


at William Cluch his howse, he sawe A hogg kilde that hadd

noe Eare marke and y* Cluch told this exa' he bought

that hogg of John Johnsone for A snaphaine peece.

Further this Examana* sayeth y* y * saide W™ Gluck told this

Examinat' y* John K. John Johnsone sold John Haule A hogg

wch was ynearmarkt.

And further this Ex^ sayth y* John Haule kild A hogg

vppon yt Saboth dye by ye appoyntment of John Johnsone

as Clutch told him.

William Cluch awome and Ex"" sayeth y* John Johnsone sold him

A hogg w"** was not eare markt, for w'^^ hog he gave the

said Johnsone a snaphame peece.

Further he sayeth y* about 3 weeks since this Exa™ Cominge

from Eveninge prayer ( ^^) yppon the saboth daye, John Haiile

had kUd a hog at John Johnsons house, for w^'' John

Johnsone was angry with his wiefe and John Haule.

Yt is ordered yt wheras John Johnsone hath kild 4 hogg of 3
quarters olde beinge vnearmarkt, Contrary to A lawe
formerly made, that he shall make restitutione of
4 other hogg of the same age to the use of ye colony Go^no'.

Richard Craven C^) swome and Examined sayeth y* W™


and Thomas Hethersell Borrowed A Boate of Richard

Tree to Carry downe theire goodes to blunt poynt

by whose Careles necklect the saide boate was

splite and quite loste.

i^'It is interesting to know that there was evening prayer in the
Church at Jamestown where John Johnson lived.

isRichard Craven owned 150 acres at Blunt Point in 1626.


John Clarksone swome and examined sayeth y* Richard Tree


lend a boate to M'. Thomas HethersoU, w*** boat M'.


did p'mise to deliuer safe again to Richard Tree at James

Cyttie and Cominge to Martins hundred, M'. W™ Cooke &

M'. Hethersoll, Richard Craven and this Exa' beinge in ye boate

they went ashore, And this Exam' seeinge much fowle wether

Cominge, he went and requested M'. Cooke and M'. Hethersoll

to Come, and helpe to draw ye boate to som Convenient place

where she might be owt of danger but they answered they

wold not by reasone whereof y * boat was split & lost.

[pencil 81] [ink 45}

Luke Edan swome and Examined sayeth that there was
sixteen thousand of fish offered him by one Corbin
at Canada w"^** aftenv^ard y* said Corbin refused to
sell him for that it was told him his Tobacco was
not good, and as this Exa' hurd, it was Henry
Hewet that told him soe.

Further this exam sayeth y* there were Certen Rugge
and prunes abourd the shipp of one dockett lanes

bargand for and Docket was to receive the
London June Tobacco
the twentieth? for them, w"** in regard the Rug were sent
Dinspensation ashore

in a fowle and Raging daye by Mr Hewett,

would not lett this Exa by neither the prunes nor



[This Further this Exam sayeth y* he rec'd but seventy

marginal and six pound waight of M' Marshalls Tobacco w°'»
note is he disbursed and is redy to geve an Accompt for it
& and foorther saye that there was about thre hundred

illegible] pound waight of Tobacco in A Cheast y* no better

then doinge and nothinge woorth.
M"" Doctor Pott aflfirmeth y* M. Dilke beinge at his howse
told him y* he was to be his my his neighbour, sayinge y' he
had agreed w**" Jo: Lightfoote for his house and groundes
where vnto Doctor Pott replyed y* Jo : Lightf oot (to his
knowledge) had let the house and grounde to goodman
Binck ( ^^) and y* it wold breed Controversie and
the pooreman wold be disapoynted, wherto Mr. Delke
answered y* John Lightfoote told him y' Binck
had geven it over, then Doctor Pott was sent
his boy for John Lightfoote and asked him when
he would offer to sell his howse to M'' Dilke in
regard he hadd formerly lett it to goodman Binks
wherto he answered y^ he thought Bincke wold
not have it because he did not com over vppon
new years dye, as he had apoynted.

[page 46 is blank]

[ink 82] [pencil 82]

(to be continued)

laWilliam Banks and Ann his wife were living at the Main near
James City 1624-5.



(From original volume in the Virginia State Library.)

"ThisBookbegimby Mr. Benjamin Harrison, Clerk of ye Council 1698.
(Inscription of fly leaf.)


May it please your Excellency

I am most Sensibly afflicted that my Lameness prevents my
attendance on your Excellency at this time as my duty re-
quires Hope in a short time to be perfectly well when (God
willing) shall never be wanting to behave myselfe with all re-
spect to your Excellency to whom I wish a long and prosper-
ous continuance in this Government I shall always remain
most faithfully

Your Excellency's most Humble
And Obedient Servant.

William Byrd.


December ye 7th 1698.


May it please your Excellency

To pardon my not wateing upon you according to my duty
For my ould enemie the Gout had like to have kept me prisnor
the last time I was at towne but was so kinde to let me come
home but the next day Seised me and hath not yet acquited
me though I thank God I am able to walk about a little and
did adventure the last weeke to ride 8 miles but (though it wa s


very Good wether) it made me almost as lame againe as ever
and I have not dared to venture on horse back Since. Noth-
ing S'r but indispensible necessitie could have kept me from
comeing to kisse your Excellency's hand and Expresseing my
joy for your comeing againe to Goveme us therefore cannot
doubt but your Goodness will excuse.

Your Excellency's

Most humble Servant
Richard Johnson.
December ye 8 1698

To his Excellency Francis Nicholson Esq'r & c.


By the Lords Justices

(L. S.)

Tho. Cantuar His Majesty's Additionall Instruc-

Dorsett tion for Francis Nicholson Esq'r His

Marlborough Majesty's Lieutenant and Govemour

Romney Generall of his Majesty's Colony and

Chas. Montague Dominion of Virginia in America And

in his absence to the Lieutenant Gover-

nour or Commander in Chief of the said

Colony for the time being. Given at

Whitehall the 20 day of September 1698

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