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ATT A
GRAND ASSEMBLIE.
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| 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.]
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|  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.
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Wahanganoche king of Potomack acquitted of a charge of
high treason and murder.
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| * 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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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| 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,
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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;
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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.
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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.
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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
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Also fined for contempt to the court.
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PETER BEVERLEY,
Clerk of the House of Burgesses.
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