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ATT A

GRAND ASSEMBLIE.
HELD AT JAMES CITTIE IN VIRGINIA 23D OF MARCH 1661...2, THESE ORDERS FOLLOWING WERE MADE IN THE GOVERNMENT OF THE HONOURABLE FRANCIS MORYSON GOVERNOUR, AND CAPT. ROBERT WINN SPEAKER.*
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[From a MS. received from Edmund Randolph, Esq. which was once the property of Sir John Randolph, who transmitted it to his son Peyton Randolph, Esq. after whose death, it was purchased, with his library, by Thomas Jefferson, Esq. from whom it was borrowed by Edmund Randolph, Esq.]
====== This MS. is now in the library of Congress at Washington.
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      WHEREAS a charge of high treason and Murther was exhibited to this assembly against Wahangonoche, king of the Potowmack Indians by captain Giles Brent, which was referred to a committee appointed to examine the same who by their report find the said charge unjustly layd, and no part thereof sufficiently proved against the said Wahanganoche, it is ordered by the grand assembly that the said Wahanganoche shall be, and is hereby fully acquitted and discharged from the same and from every part thereof. Wahanganoche king of Potomack acquitted of a charge of high treason and murder.

      * From the date, and the names of the Deputy Governor and Speaker, these orders, as they are here called, were evidently made at the same assembly by which the foregoing laws were passed. −−− They appear to be resolutions of the assembly, on private and local subjects, and exhibit much curious and important historical information; as well as the mode of parliamentary proceedings at that period, and the objects which came before the legislature.

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      IT is ordered by this grand assembly upon the report of the committee appointed to enquire into the differences between the English and Indians, that in satisfaction of the severall injuries and affronts done to Wahanganoche king of Potowmeck Indians by captain Giles Brent, collonel Gerrard ffowke, Mr. John Lord, and captain George Mason, that the said captain Brent pay the said Wahanganoche two hundred armes length of roanoake; and that collonel ffowke, Mr. Lord and captain Mason pay him one hundred armes length a peece, or that they pay and deliver him presently Matchcoates for the said roanoake of two armes length each, at twenty armes length every coate. Certain pers's to pay the Indians a quantity of Roanoake or matchcoats, in satisfaction of the injuries done them.
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      WHEREAS by the confession of collonel Gerrard ffowke to the committee appointed for examination thereof it appears that the said ffowke having one of the late murtherers of the English delivered bound into his custody by Wahanganoche king of the Potowmeck Indians, suffered the said murtherer to escape, it is ordered by the grand assembly that for his said offence, the said colonel ffowke pay to the publique tenne thousand pounds of tobacco. Colon. Fowke fined for permitting a murderer of an Indian to escape.
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      WHEREAS captain Peter Jennings as attorney for the kings most excellent majestie, presented to the committee, appointed for the Indian buisness for high misdemeanors and other crimes, against capt. Giles Brent and collonel Gerrard ffowke, for issuing illegall warrants and thereupon arresting, imprisoning and binding Wahanganoche king of Potowmeck Indians contrary to the honourable governors safe conducts and protections, for illegally and unjustly chargeing the said king with treason and murther, for those very things wherein the honourable governour and councell had before justly acquitted him, and for aspersing the honourable governour in declareing falsely that their unjust proceedings were done by his authority as by the said committees report more at large appeareth, upon which charge the said Brent and ffowke acknowledged themselves of high misdemeanors, it is therefore thought fitt and accordingly ordered by the present Capt. Brent & colonel Fowke fined, declar'd incapable of hold'g any office, and compelled to give sec'ty for good behavior for illegally imprison'g Wahanganoche, king of Potomack.

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grand assembly that the said Brent and ffowke for their said offences pay each of them ffifteen thousand pounds of tobacco to the publique, that they bee incapeable of bearing any office civil or millitary in this countrey and give bond severally for their good behaviour especially towards the said Wahanganoche and his and all other Indians, and further that captain Brent pay the whole charge of the witnesses and other persons concerned in his charge against the said king, and that hee and coll. ffowke severally pay what other charges they are concerned in. Capt. Brent to pay the whole charge of the witnesses.
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IT is ordered by the grand assembly (upon the report of the committee appointed for the Indian busines) that Mr. John Lord and captain George Mason pay to the publique two thousand pounds of tobacco a peece for their contempt of the right honourable governours warrant, unles they shew cause to the contrary at next quarter court; that they be, both suspended from all civill and millitary power till they have cleered themselves from the king of Potowmack's charge against them and give bond with good security to such person as the honourable governour shall appoint for their good behaviour towards the said king, his and all other Indians. John Lord and capt. Geo. Mason, fined and suspended f'm office for their contempt to the governor's warrant in relation to the king of Potomack.
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      WHEREAS by the removeall of severall persons formerly entrusted with the power civil and millitary in Westmorland county, the comission of that county is much weakened, and the present condition of the countrey requiring uninterested persons to be intrusted therein, it is thought fitt by the grand assembly upon the report of the committee for the Indian business and accordingly ordered that Westmorland and Northumberland bee one county, and that the commission of Northumberland and remaining commissioners of Westmorland bee one county, bee one commission civil and millitary, provided that if the right honourable the governour shall think fitt that they still continue or hereafter shall be againe made two severall countys as formerly, than that he appoint such persons Westm'land & Northum'land counti's unit'd till otherwise ordered by the governor, on account of the disturbances with the Indians.

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to complete Westmorland commission as he shall find most capeable and fitt for the same.
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      IT is ordered by this present assembly upon the report of the committee for the Indian affaires, that collonel Moore ffantleroy enjoy at present no more of the land he is now seated upon then what is cleered with the houses built upon and marsh lying before it, and that he pay to the king of Rappahannock Indians fifteen matchcoates before he depart the towne in part of thirty due per a former agreement, and the other ffifteen when the differrences between him and the said Indians shall be ended by the commissioners to be appointed by the right honourable governour, provided they allow him ffive hundred acres of high land ground belonging to his said divident, Provided if the said commissioners shall not determine the same then to be referred to the next assembly, and all other claimes of the said ffantleroyes to any other land of the said Indians are hereby declared void. Dispute bet'n colonel Moore Fantleroy and the king of Rappahannock Indians adjusted, by the payment of matchcoats and the conveyance of a further quantity of land.
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      WHEREAS collonel Moore ffantleroy before the committee appointed for the Indian buisnes did falseley and scandalously declare that he bound the king and great men of Rappahannock for denying their tribute to the right honourable Sir William Berkeley, and endeavouring to excuse or extenuate his own fault in his said unjust proceedings against the Indians, said that the Roanoake he received of them for ransome was in satisfaction of their said tribute, and paid by him to that noble person Sir William Berkeley the then honourable governour. It is ordered by the assembly, that for the same and his other illegall proceedings the said collonel ffantleroy be made wholly incapeable of bearing any office or command civill or military in this country, and forthwith give bond with very good securitie for his good behaviour and civill carriage especially towards those Indians; and for prevention of the further damage the hogs of the said ffantleroy may do the Indians before the ffence be made according to Col. M. Fantleroy, for illegally extort'g a quantity of roanoake from the Rappahannock Indians, disqualified from office & bound to the good behavior.

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act in that case provided, it is ordered that collonel ffantleroy keep one hog-keeper, the indians another for the present yeare. Col. M. Fantleroy & Indians each to have hog-keepers.
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      IT is ordered by this present assembly towards reparation of the great losse susteined by Richard White by the murther of the sonne and two servants and loss of his whole estate the last summer by the Indians that he be paid tenn thousand pounds of tobacco from the publique out of the next leavie. Compensation to Rd. White, for the injuries he sustained by the Indians
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      UPON the report of the committee appointed for the Indian affaires it appearing that the Susquehannock and other northern Indians, in considerable numbers frequently come to the heads of our rivers, whereby plain paths will soone be made which may prove of dangerous consequence, and alsoe affront the English and destroy their stocks and gett the whole trade from our neighbouring and tributary Indians; it is ordered by this assembly that for prevention and of the other injuries to the English from the Marylanders for the future, that the honourable governour cause by proclamation a prohibition of all Marylanders, English and Indians (which they have alreadie done to us) and of all other Indians to the Northward of Maryland from trucking, tradeing, bartering or dealing with any English or Indians to the southward of that place, and that by commission from the governour collonel Wood be impowered to manage the said businesse. Proclamation prohibit'g the Susquehann'k and Northern Indians, also the Marylanders, English & Indians, from lurking, trading, bartering or deal'g with any Indians or English to the Southward of that place.
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      WHEREAS by the report of lieutenant collonel John Walker who was appointed by the honourable governour to enquire thereinto, it appears that Mrs. Mary Ludlow, relict and executrix of Lieutenant collonel Thomas Ludlow deceased, entrencheth upon the Chesquiack Indians land at Pyanketancke, It is ordered by the assembly that the said Indians enjoy their whole tract of land according to the said surveigh and that the said Ludlows heires enjoy the remainder of their patent, and ffurther order that no other person enjoying or being seated on any part of the said Indians Wid'w & heirs of col. T. Ludlow restrained from encroaching on Chesquiack Indi's.

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lands possesse the same but to be with all convenient speed removed, and the comissioners appointed by the right honourable governour to enquire into and settle all differences and disputes concerning the said Indian lands. All others to be immediately removed.
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      WHEREAS Wahanganoche king of the Potowmeck Indians acknowledged before the committee appointed for the Indian busines, the sale of that whole tract of land possest by Mr. Henry Mees in Potowmeck according to the bounds and marked trees which he confest were marked in his presence and with his consent, it is ordered by the assembly that the said Mees enjoy the said land to him and his heires for ever. Sale of land by Wahanganoche king of Potomack, to H. Mees confirmed.
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      WHEREAS Wahanganoche king of the Potowmeck Indians acknowledged before the committee for the Indians busines that he sold a parcell of land to Mr. Peter Austin, and hath received for the same tenne matchcoates, and also promised to lay out the said Austins land with marked trees, it is ordered by the assembly that the same being accordingly bounded, Mr. Austin enjoy the same to him and his heires for ever. Also a sale by the same to P. Austin, confirmed.
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      UPON the report of the committee appointed for settling the Indian business, it is ordered by the assembly that all differences of land between collonel Gerrard ffowke and the Wahanganoche king of the Potowmeck Indians be referred to such persons as the governour shall commissionate therein who are fully to end and determine the same. Reference of the dispute betweene colonel Fowke & Wahanganoche, king of Potomack, to commissioners.

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      IT is ordered by the assembly upon the report of the committee for the Indian businesses that all differences of land between captain Giles Brent and Wahanganoche king of the Potowmeck Indians be referred to the determination of such commissioners whom the honourable governour shall appoint therein. Also dispute between capt. Brent and the same.
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      IT is ordered by the assembly that lieutenant colonel Goodridge be summoned to appeare before the honourable governour and councill at next quarter court to answer the complaint of the king of the Mattapony Indians concerning the burning of his English house, and that the said Indian king have notice given him to be present. Cl. Goodridge summoned to ans'r the complaint of the king of Mattapony for burning his English house.
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      IT is ordered upon the committees report that coll. John Carter issue warrants for William Johnsons appearance, at next quarter court and other persons concerned, and that there the Indian boy deteined by the said Johnson either to be continued according to his desire among the English or to returne to the Indians, but appeale to be open to the said Johnson if he shall desire the same on their proceedings. Wm. Johnson summoned to shew by what auth'ty he detains an Indian boy.
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      METAPPIN a Powhatan Indian being sold for life time to one Elizabeth Short by the king of Wainoake Indians who had no power to sell him being of another nation, it is ordered that the said Indian be free, he speaking perfectly the English tongue and desireing baptism.

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Metappin a Powhatan Indian, who had been sold for life, discharged, he speak'g the English tongue & desiring to be baptised.
      IT is ordered by the assembly upon report of the committee appointed for the Indian buisness that the right honourable the governour grant a commission to such uninterested persons as he shall think fitt, to enquire into and examine the severall claimes made to any part of our neighbouring Indians land, and confirme such persons who have justly invested themselves, and cause all others to remove, and that all other differences between English and Indians be referred to them, Com'rs apptd. to investigate the sev. claims to land purch'd of Indians.
Rightful purchasers to be confirmed in their titles, all others to be removed.

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but that appeales be open for all persons who shall conceive themselves agreived by the said commissioners proceedings.
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      UPON the committees report, it is ordered by this present grand assembly that those excellent proposalls presented by the right honourable the governour to the assembly be all drawne into acts except the first article concerning an interstitium being very difficult to be effected. Certain proposals of the governor to be drawn up into acts.
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      WHEREAS complaint hath been made to this assembly of the dangerousness of the passage over the great swampe over Rappahannock river, by meanes whereof not onely commerce is obstructed but the affaires of the publique retarded also; it is therefore ordered that the way be amended and a bridge if possible built over the same at the charge of Glocester and Lancaster countys between which it cheifly lies, and that Mr. Henry Corbin and major David Cant take care to see it effected. A bridge to be built over the great swamp, at Rappahannock river, at the charge of Gloucester & Lancaster counties.
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      WHEREAS seriously examining the evidences taken against John Partridge for severall blowes given by him to Thomas Harris overseer to captain Thomas Stegg, and calling the said Partridge before us to hear what he could answer in his defence, most insolently said that well he might give him the said blowes, and ffurther replied that he would be hanged at the doore before hee would serve in giveing satisfaction, it is therefore ordered by this present grand assembly that the sheriffe keep him in safe custody, untill the pleasure of the house be further knowne herein, for his peremptory behaviour. John Patridge committed for a contempt to the house, in say'g he would be hanged at the door before he would serve in making satisfaction.
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      IT appeares by two evidences in the case between captain John Ashton and Mr. George Harwood, that he the said Harwood hath spoken words, tending much to the dishonour of the right honourable governour ffrancis Morrison esquire, and to the diffamation Geo. Harwood to ask forgivness on knees, for speaking disrespectfully of the gov'r & capt. Ashton.

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and great discredit of the said captain Ashton by this grand assembly, it is ordered by this grand assembly that for his great offence in dishonouring the governour he presently aske forgiveness in open court upon his knees, and at the next court held in Warwick county, he aske forgivenesse and acknowledge his error to captain John Ashton for defaming him and pay two thousand pounds of tobacco costs of suite.
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      The committee report in the case of John Gundry and Ann Price that they find not sufficient evidence presented for conviction of the said Anne Price according to lawe, neverthelesse that no insolence may be encouraged, it is therefore ordered by this grand assembly that the court of Elizabeth citty rehear the cause, and according as the presumptions of the offence shall appeare determine some meanes of punishment to the said Ann Price under two yeares service, and that major Hone and lieutenant collonel Worlish not to sitt att the triall hereof, but two of the adjacent commissioners of the next county in their stead. Case of John Gundry & Ann Price to be heard before court of Eliza. City.
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      UPON the humble submission of John Partridge for his peremptory language used before us, and at the request of major general Hamond ingageing himselfe for the said Partridge good behaviour is released from his comittment. Jno. Partridge released from his confinem't on his submission.
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      WHEREAS John Milboy petitioned the honourable governour and councill concerning false imprisonment inflicted upon him by collonel John Stringer and the rest of the commissioners for Northampton county, which petition was referred to the honourable assembly who find no cause of action, the said Milboy hath against the said commissioners, but his imprisonment lawfull, and through his own seeking, dangerous carriage and turbulent behaviour, it is therefore ordered by this grand assembly so soone as the said Milboy shall returne to Northampton county that the sherriffe of the said county take him into present John Milboy's complaint ag't Col. J. Stringer for false imprisonm't rejected, & he to be recommit'd to the sherif of Northampton.

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custody till he give bond with sufficient security for his good behaviour, and to aske fforgivenesse in open court, att the next court held in the said county for his greate and unjust scandalls and infamies cast on the gentlemen of that court and his disturbance in the county, and to pay all costs of suite.
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      IN the difference between collonel Edward Scarbrough plaintiffe, and lieutenant collonel Thomas Lambert, captain ffrancis Emperour, Mr. Edmond Beeman and Mr. John Porter defendants, formerly commissioners of the county of Lower Norfolke referred to this grand assembly is by us found to be illegall in calling a court clandestinely sumoned by them, and erroniously proceeding wherein they granted to Mr. George Abbot against the estate of the said colonel Scarborough for seaven thousand nine hundred pounds of tobacco and casek with court charges, it is therefore ordered by this grand assembly that the said commissioners or either of them so giveing judgment as aforesaid shall make present payment of the said sume of seaven thousand nine hundred pounds of tobacco and caseke with interest and all costs of suite unto the said collonel Scarborough or his assignes, and in case execution is served on one or more of the said commissioners, they to have their releife against any of the foure proportionably. Scarborough v the justices of Low. Norfolk; they having clandestinely held a court & given judgm't against Scarborough, ordered to pay the money themselves, with interest and costs.
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      STEPHEN Pettus petitioning against Martin Baker, late sheriffe of New-Kent is not found qualified to prosecute his petition, therefore the cause is dismist. Pettus v Baker petition dismissed.
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      THE committees report that the great loss and damage susteined by Mr. William Dromond through the injustice done by the court of Boston in New-England ought to be repaired, and since the said court have returned no satisfactory answer to the letter of the honourable governour and councill of Virginia, wee are necessitated to find the least of ill expedients to repair the said Mr. Dromond, it is therefore The Court of Boston, in N. England, hav'g illegally discharged a servant belonging to an inhabi'nt of Virg. reprisal

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ordered by this present grand assembly, there be seized to the value of fforty pounds sterling money out of the estate of some persons relateing to the said government of Boston, which is in consideration of wages due for such a servants time, as was illegally cleared from the Dromonds employ in New-England, and doe accordingly order the same. ordered by seizing on the estate of some persons relating to the government of Boston.
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      IN the difference betwixt captain Martin Palmer and John Prosyer who marryed the relict of William Goffe concerning one thousand acres of land granted by patent unto captain Palmer at Whorecocke swampe in the county of Kent, and unto William Goffe the sonne of William Goffe deceased, by a later patent, for the avoiding of all further suites and troubles the said captain Palmer hath before us given one halfe of the said one thousand acres of land unto William Goffe orphant, and to his heires for ever, reserving to himselfe after survey made thereof the ffirst choice, and if the house now built upon the said land happen to fall in the said Palmers ffive hundred acres of land, then the said Prosyer to have the use of the said house, and ffiftie acres of land next adjoyning thereunto for three yeares next ensueing, and then to returne to captain Palmer or his heires, and that Mr. George Morris survey or divide the said land, and at the division lieutenant collonel Abrahall to be present, which is the request of lieut. coll Nathaniel Bacon esquire in behalfe of the said Prosyer, and this to beare record of the said division betwixt them, and each party to beare his owne charges. Palmer vs. Prosyer. Conflicting patents for land, the dispute compromised and the land to be equally divided.
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      WHEREAS Elizabeth Tudman, alias Perkins hath appeared by her agent major Theophilus Hone, before this assembly, and there produced an instrument in writing, which upon perusall is found to be rased and obliterated in many parts, and no endorsement testified by the witnesses nor publique Notary, and is by this assembly concluded void in law, at which time the said Major Theophilus Hone, who appeared in the behalfe of the said Elizabeth Tudman, alias Perkins containing twenty and seaven acres scituate in the maine Eli. Tudman's alias Perkins's claim to escheated lands rejected, & the land confirm'd to the governor, Fs. Morrison, as by patent obtained by him.

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neer James Citty, which said twenty acres of land was by a juries verdict of the ninth of Aprill, one thousand sixe hundred sixtie and one, found to escheat to his majestie, and that noe heires of the said Thomas Perkins was existent, as more at large by the record of the said juries verdict doth appeare, whereupon the honourable Francis Morrison did agree and purchace of his majesties treasurers deputies the said twenty seaven acres of land formerly belonging to the said Thomas Perkins, and had the same granted to him and his heires, &c. as by a patent dated the sixteenth of May 1661, more at large doth appeare to this grand assembly who declares that the title and claime of the said Thomas Perkins, or any for, from, or by him or them is void, and do confirme to the honourable ffrancis Morrison, his heirs, executors, administrators or assignes, the aforesaid twenty and seaven acres of land formerly belonging to the said Thomas Perkins, scituate in the maine neere James Cittie for ever; and do also record that the aforesaid Theophilus Hone who appeared in behalfe of the said Elizabeth Tudman alias Perkins who pretended to the chattells personal of the said Thomas Perkins, did before us voluntarily disclaime and disowne any title or pretence to the said twenty and seaven acres of land.
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      UPON major Theophilus Hone second address on behalfe of Elizabeth Tudman alias Perkins, the assembly have againe perused the instrument of writing, and findinge no proprietie in Thomas Perkins senior unto the estate of his sonne Thomas Perkins junior, deceased, have utterly abandoned all claimes to chattells reall, but for the personall estate humbly presume that administration may be granted to Elizabeth Tudman alias Perkins, in behalfe of Thomas Perkins upon the personall estate of Thomas Perkins junior deceased, and have by these our instructions manuducted the case to the honourable governour and councell for administration. The claim of E. Tudman alias Perkins again considered, & she abandon'g all claim to the chattels real, administration is granted her as to the personal estate of the person under whome she claims.
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      UPON the complaint of colonel Edmond Scarburgh, late high sherriff of Northampton county on his majesties behalfe against John Alford and Elizabeth Complt. of col. Edm. Scarborough, high shff. of Northampton,

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his wife, Teige Miskell and William Jump for rebellion and disobedience which this committee examining, and after a full hearing of all parties, doe report that wee find the said John Alford and Elizabeth his wife, both by sufficient testimony, their owne confession and ill behaviour before us to be rebellious and insolent persons, and guilty of wounding the said coll. Scarburgh, late high sherriff on the head, and Teige Miskell and William Jump disobedients, it is therefore ordered by this grand assembly for reforminge the like disorders, that the said Alford and Elizabeth his wife, with Teige Miskell and William Jump be returned by the same conduct that brought them to the county of Northampton, and there to be delivered to the high sherriff who is to take security of them for the good behaviour, and at the next court held for the same county, that the said John Alford shall receive thirtie lashes on his bare back, and Elizabeth his wife twentie lashes, and Teige Miskell and William Jump tenne lashes a peece, and the said John Alford pay all costs and charges for himselfe, wife and servants. agst. Alfred & wife and others, for rebellion. The defend't fond guilty & sentenced to be whipped.
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      IN the difference between major Joseph Croshaw and captain Robert Ellison concerninge the bounds of Marston and middle plantation, parishes and haveing seriously weighed and examined the same, it is ordered that the bounds be continued according to an order of court in Yorke county held the twenty fifth of August, one thousand six hundred and fiftie and six. Bounds of Marston and Middle plantation parish's how adjusted.
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      WHEREAS it was ordered the last assembly that uninterested persons of the county of Charles Cittie should determine and fix the bounds between the two parishes of Westover and Martin Brandon, which not being yet putt into effect, it is now further ordered that captain Robert Wynne and captain John Eps order some of the neighbours to be present with them, and to settle the bounds between them and to return the report to the next assembly. Bounds of Westover and Martin Brandon parishes, how adjusted.
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      WHEREAS information hath been made that one Edward Dennis hath, without title or claime, seated himselfe in the Indian towne of Chickahomini; Warrant agst. Edw. Dennis, for seat'g himself in the Indian

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it is therefore ordered that the said honourable the governour be pleased to send his warrant for the said Dennis, and as he finds occasion to give order for his continuance or removall. town of Chickahomini.
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      WHEREAS William Burg hath been proved to live scandalously in ffornication with the relict of major John Billingsley, it is ordered that the said Burgh be committed and continued in prison untill he give bond with good security, that he shall not keep company with the said Elizabeth, and if the said William Burgh shall without security given, offer to go beyond the bounds of prison, or if the said Elizabeth shall come to him there, then the sherriffe of Nanzemund by a (habeas corpus) to be removed to James Citty. Wm. Brough committed to prison for fornication with the widow of maj. Billingsley.
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      ORDERED that William Burgh for his scandall and contempt offered to the governour ffined two thousand poands of tobacco.


      Examined and compared with the original and according thereto corrected per
Also fined for contempt to the court.
PETER BEVERLEY,           
Clerk of the House of Burgesses.      

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Pages 124-148 ======   ====== Pages 163-179

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