Appendices to Slavery in Colonial Tidewater Virginia
Appendix A
Northampton County Court decision on John Casor
Northampton County Order Book, 1655-1668, fol. 10
The deposition of Captain Samuel Goldsmith taken (in open court) 8th of March Sayth, That beinge at the howse of Anthony Johnson Negro (about the beginninge of November last to receive a hogshead of tobacco) a Negro called John Casar came to this Deponent, and told him that hee came into Virginia for seaven or Eight yeares (per Indenture) And that hee had demanded his freedome of his master Anthony Johnson; And further said that Johnson had kept him his servant seaven yeares longer than hee ought, And desired that this deponent would see that hee might have noe wronge, whereupon your Deponent demanded of Anthony Johnson his Indenture, hee answered, hee never sawe any; The said Negro (John Casor) replyed, hee came for a certayne tyme and had an Indenture Anthony Johnson said hee never did see any But that hee had him for his life; Further this deponent saith That mr. Robert Parker and George Parker they knew that the said Negro had an Indenture (in on Mr. Carre hundred on the other side of the Baye) And the said Anthony Johnson did not tell the negro goe free The said John Casor would recover most of his Cowes of him; Then Anthony Johnson (as this deponent did suppose) was in a feare. Upon this his Sonne in lawe, his wife and his 2 sonnes perswaded the said Anthony Johnson to sett the said John Casor free.
more saith not
Samuel Goldsmith
This daye Anthony Johnson Negro made his complaint to the Courte against mr. Robert Parker and declared that hee deteyneth his servant John Casor negro (under pretence that the said Negro is a free man.) The Court seriously consideringe and maturely weighinge the premisses, doe fynde that the said Mr. Robert Parker most unjustly keepeth the said Negro from Anthony Johnson his master as appeareth by the deposition of Captain Samuel Goldsmith and many probable circumstances. It is therefore the Judgment of the Court and ordered That the said John Casor Negro forthwith returne unto the service of his said master Anthony Johnson, And that mr. Robert Parker make payment of all charge in the suit. also Execution.[i]
Appendix B
Documents in the Case of Elizabeth Key
The following are transcribed documents from Elizabeth Key’s freedom suit from records of the Northumberland County Courts as presented in Warren Billings work, The Old Dominion in the Seventeenth Century.
The Court doth order that Col. Thomas Speke one of the overseers of the Estate of Col. John Mottrom deceased shall have an Appeale to the Quarter Court next att James Citty in a Cause depending between the said overseers and Elizabeth a Moletto hee the said Col. Speke giving such caution as to Law doth belong.
Wee whose names are underwritten being impannelled upon a Jury to try a difference between Elizabeth pretended Slave to the Estate of Col. John Mottrom deceased and the overseers of the said Estate doe finde that the said Elizabeth ought to be free as by several oaths might appeare which we desire might be Recorded and that the charges of Court be paid out of the said Estate. [names of the jury omitted]
Memorandum it is Conditioned and agreed by and betwixt Thomas Key on the one part and Humphrey Higginson on the other part [word missing] that the said Thomas Key hath put unto the said Humphrey one Negro Girle by name Elizabeth for and during the [term?] of nine years after the date hereof provided that the [said?] Humphrey doe find and allow the said Elizabeth meate drinke [and?] apparel during the said tearme And allso the said Thomas Key that if the said Humphrey doe dye before the end of the said time abovespecified that then the said Girl be free from the said Humphrey Higginson and his assignes Allsoe if the said Humphrey Higginson doe goe for England with an Intention to live and remaine there that then hee shall carry [the?] said Girle with him and to pay for her passage and likewise that he put not of[f] the said Girle to any man but to keepe her himself In witness whereof I the said Humphrey Higginson. Sealed and delivered in the presence of us Robert Booth Francis Miryman. 20th January 1655 this writing was Recorded.
Mr. Nicholas Jurnew aged 31 yeares or thereabouts sworne and Examined Sayth That about 16 or 17 yeares past this deponent heard a flying report at Yorke that Elizabeth a Negro Servant to the Estate of Col. John Mottrom deceased was the Childe of Mr. Kaye but the said Mr. Kaye said that a Turke of Capt. Mathewes was Father to the Girle and further this deponent sayth not signed Nicholas Jurnew
20th January 1655 Jurat in Curia [“sworn in court”]
Anthony Lenton aged 41 yeares or thereabouts sworne and Examined Sayth that about 19 yeares past this deponent was a servant to Mr. Humphrey Higginson and at that time one Elizabeth a Molletto nowe servant to the Estate of Col. John Mottrom deceased was then a servant to the said mr. Higginson and as the Neighbours reported was bought of mr Higginson with the said servant both himself and his Wife intended a voyage for England and at the nine yeares end (as the Neighbours reported) the said Mr Higginson was bound to carry the said servant for England unto the said mr. Kaye, but before the said mr Kaye went his Voyage hee Dyed about Kecotan, and as the Neighbours reported the said mr. Higginson said that at the nine yeares end hee would carry the said Molletto for England and give her a portion and lett her shift for her selfe And it was a Common report amongst the Neighbours that the said Molletto was mr Kays Child begot by him and further this deponent sayth not the marke of Anthony Lenton
20th January 1655 Jurat in Curia
Mrs. Elizabeth Newman aged 80 yeares or thereabouts sworne and examined Sayth that it was a common Fame in Virginia that Elizabeth a Molletto nowe servant to the Estate of Col. John Mottrom deceased was the Daughter of mr. Kay; and the said Kaye was brought to Blunt-point Court [Warwick County court] and there fined for getting his Negro woman with Childe which said Negroe was the Mother of the said Molletto and the said fine was for getting the Negro with Childe which Childe was the said Elizabeth and further this deponent sayth not the marke of Elizabeth Newman
20th January 1655 Jurat in Curia
John Bayles aged 33 yeares or thereabouts sworne and Examined Sayth That at the House of Col. John Mottrom Black Besse was tearmed to be mr Kayes Bastard and John Keye calling her Black Bess mrs. Speke Checked him and said Sirra you must call her Sister for shee is your Sister and the said John Keye did call her Sister and further this deponent Sayth not the marke of John Bayles
20th January 1655 Jurat in Curia
The deposition of Alice Larrett aged 38 yeares or thereabouts Sworne and Examined Sayth that Elizabeth which is at Col. Mottroms is twenty five yeares of age or thereabouts and that I saw her mother goe to bed to her Master many times and that I heard her mother Say that shee was mr. Keyes daughter and further Sayth not the marke of Alice Larrett Sworne before mr. Nicholas Morris 19th Jan. 1655.
20th January this deposition was Recorded
Anne Clark aged 39 or thereabouts Sworne and Examined Sayth that shee this deponent was present when a Condition was made between mr. Humphrey Higginson and mr. Kaye for a servant called Besse a Molletto and this deponents Husband William Reynolds nowe deceased was a witness but whether the said Besse after the Expiration of her time from mr Higginson was to be free from mr Kaye this deponent cannot tell and mr Higginson promised to use her as well as if shee were his own Child and further this deponent Sayth not Signum Ann Clark
20th January 1655. Jurat in curia
Elizabeth Newman aged 80 yeares or thereabouts Sworne and Examined Sayth that shee this deponent brought Elizabeth a Molletto, Servant to the Estate of Col. John Mottrom deceased to bed of two Children and shee layd them both to William Grinsted and further this Deponent Sayth not Elizabeth Newman her marke
20th January 1655 Jurat in Curia
A Report of a Comittee from an Assembly
Concerning the freedome of Elizabeth Key
It appeareth to us that shee is the daughter of Thomas Key by several Evidences and by a fine imposed upon the said Thomas for getting her mother with Child of the said Thomas That she hath bin by verdict of a jury impannelled 20th January 1655 in the County of Northumberland found to be free by several oaths which the Jury desired might be Recorded That by the Comon Law the Child of a Woman slave begot by a freeman ought to bee free That shee hath bin long since Christened Col. Higginson being her God father and that by report shee is able to give a very good account of her fayth That Thomas Key sould her onely for nine yearesto Col. Higginson with several conditions to used her more Respectfully then a Comon servant or slave That in case Col. Higginson had gone for England within nine yeares hee Was bound to carry her with him and pay her passage and not to dispose of her to any other. For theise Reasons wee conceive the said Elizabeth ought to bee free and that her last Master should give her Corne and Cloathes and give her satisfaction for the time shee hath served longer then Shee ought to have done. But forasmuch as noe man appeared against the said Elizabeths petition wee thinke not fitt a determinative judgement should passe but that the County or Quarter Court where it shall be next tried to take notice of this to be the sence of the Burgesses of this present Assembly and that unless [original torn] shall appear to be executed and reasons [original torn] opposite part Judgement by the said Court be given [accordingly?]
Charles Norwood Clerk Assembly
James Gaylord hath deposed that this is a true coppy
James Gaylord
21th July 1656 Jurat in Curia
21th July 1656 This writeing was recorded
Att a Grand Assembly held at James Citty 20th of March 1655 Ordered that the whole business of Elizabeth Key [and?] the report of the Comittee thereupon be returned [to the?] County Court where the said Elizabeth Key liveth
This is a true copy from the book of Records of the
Order granted the last Assembly
Teste Robert Booth
21th July 1656 This Order of Assembly was Recorded
Upon the petition of George Colclough one of the overseers of Col. Mottrom his Estate that the cause concerning a Negro wench named Black Besse should be heard before the Governor and Councell Whereof in regard of the Order of the late Assembly referring the said caise to the Governor and Councell at least upon Appeale made to them These are therefore in his Highness the Lord Protector his name to will and require the Commissioners of the County of Northumberland to Surcease from any further proceedings on the said Cause and to give notice to the parties interested therein to appear before the Governor at the next Quarter Court on the fourth day for a determination thereof. Given under my hand this 7th of June 1656. Edward Digges 21th 1656 This Writeing was Recorded.
Whereas mr. George Colclough an mr. William Presly overseers of the Estate of Colonell John Mottrom deceased were Summoned to theis Court at the suite of Elizabeth Kaye both Plaintiffe and Defendant being present and noe cause of action at present appearing The Court doth therefore order that the said Elizabeth Kaye shall be non-suited and that William Grinsted Atturney of the said Elizabeth shall by the tenth of November next pay fifty pounds of tobacco to the said overseers for an non-suite with Court charges else Execution. Whereas the whole business concerning Elizabeth Key by Order of Assembly was Referred to this County Court. According to the Report of a Comittee at an Assembly held at the same time which upon the Records of this County appears, It is the judgment of this Court that the Said Elizabeth Key ought to be free and forthwith to have Corne Clothes and Satisfaction according to the said Report of the Comittee. Mr. William Thomas dissents from this judgment.
These are to Certifie whom it may concerne that William Greensted and Elizabeth Key intends to be joyned in the Holy Estate of Matrimony. If anyone can shew any Lawfull cause why they may not be joyned together lett them Speake or ever after hold their tongues Signum William Greensted Signum Elizabeth Key
21th July 1656 this Certificate was Published
in open Court and is Recorded
I Capt. Richard Wright administrator of the Estate of Col. John Mottrom deceased doe assigne and transfer unto William Greensted a maid servant formerly belonging unto the Estate of the said Col. Mottrom commonly called Elizabeth Key being nowe Wife unto the said Greensted and doe warrant the said Elizabeth and doe bind my Selfe to save here [her] and the said Greensted from any molestation or trouble that shall or futurely arise from or by any person or persons that shall pretend or claime any title or interest to any manor of service [original torn] from the said Elizabeth witness [my ha]nd this 21th of July 1659
Test William Th[omas] Richard Wright
James Aust[en][ii]
Appendix C
An additionall act for the better preventing insurrections by Negroes
Act III.
An additionall act for the better preventing insurrections by Negroes.
WHEREAS a certaine act of assembly held at James Citty the 8th day of June, in the yeare of our Lord 1680, intituled, an act preventing negroes insurrections hath not had its intended effect for want of due notice thereof being taken; It is enacted by the governor, councell and burgesses of this generall assembly, and by the authority thereof, that for the better putting the said act in due execution, the church wardens of each parish in this country at the charge of the parish by the first day of January next provide true coppies of this present and the aforesaid act, and make or cause entry thereof to be made in the register book of the said parish, and that the minister or reader of each parish shall twice every yeare vizt. some one Sunday or Lords day in each of the months of September and March in each parish church or chappell of ease in each parish in the time of divine service, after the reading of the second lesson, read and publish both this present and the aforerecited act under paine such churchwarden minister or reader makeing default, to forfeite each of them six hundred pounds of tobacco, one halfe to the informer and the other halfe to the use of the poore of the said parish. And for the further better preventing such insurrections by negroes or slaves, Bee in likewise enacted by the authority aforesaid, that noe master or overseer knowingly permit or suffer, without the leave or license of his or their master or overseer, any negroe or slave not properly belonging to him or them, the remaine or be upon his or their plantation above the space of four hours at any one time, contrary to the intent of the aforerecited act upon paine to forfeite, being thereof lawfully convicted, before some one justice of peace withing the county where the fact shall be comitted, by the oath of two witnesses at the least, the summe of two hundred pounds of tobacco in cask for each time soe offending to him or them that will sue for the same, for which the said justice is hereby impowered to award judgment and execution.[iii]
Appendix D
An act for suppressing outlying Slaves
Act XVI.
An act for suppressing outlying Slaves.
WHEREAS many times negroes, mulattoes, and other slaves unlawfully absent themselves from their masters and mistresses service, and lie hid and lurk in obscure places killing hoggs and committing other injuries to the inhabitants of this dominion, for remedy whereof for the future, Be it enacted by their majesties lieutenant governor, councell and burgesses of this present generall assembly, and the authoritie thereof, and it is hereby enacted, that in all such cases upon intelligence of any such negroes, mulattoes, or other slaves lying out, two of their majesties justices of the peace of that county, whereof one to be of the quorum, where such negroes, mulattoes or other slave shall be, shall be impowered and commanded, and are hereby impowered and commanded to issue out their warrants directed to the sherrife of the same county to apprehend such negroes, mulattoes, and other slaves, which said sherriffe is hereby likewise required upon all such occasions to raise such and soe many forces from time to time as he shall think convenient and necessary for the effectual apprehending such negroes, mulattoes and other slaves, and in case any negroes, mulattoes or other slave or slaves lying out as aforesaid shall resist, runaway, or refuse to deliver and surrender him or themselves to any person or persons that shall be by lawfull authority employed to apprehend and take such negroes, mulattoes or other slaves that in such cases it shall and may be lawfull for such person and persons to kill and destroy such negroes, mulattoes, and other slave or slaves by gunn or any otherwaise whatsoever.
Provided that where any negroe or mulattoe slave or slaves shall be killed in pursuance of this act, the owner or owners of such negro or mulatto slave shall be paid for such negro or mulatto slave four thousand pounds of tobacco by the publique. And for prevention of that abominable mixture and spurious issue which hereafter may increase in this dominion, as well by negroes, mulattoes, and Indians intermarrying with English, or other white women, as by their unlawfull accompanying with one another, Be it enacted by the authoritie aforesaid, and it is hereby enacted, that for the time to come, whatsoever English or other white man or woman being free shall intermarry with a negroe, mulatto, or Indian man or woman bond or free shall within three months after such marriage be banished and removed from the dominion forever, and that the justices of each respective countie within this dominion make it their perticular care, that this act be put in effectuall execution. And be it further enacted by the authoritie aforesaid, and it is hereby enacted, That if any English woman being free shall have a bastard child by any negro or mulatto, she pay the sume of fifteen pounds sterling, within one moneth after such bastard child shall be born, to the Church wardens of the parish where she shall be delivered of such child, and in default of such payment she shall be taken into the possession of the said Church wardens and disposed of for five yeares, and the said fine of fifteen pounds, or whatever the woman shall be disposed of for, shall be paid, one third part to their majesties for and towards the support of the government and the contingent charges thereof, and one third part to the use of the parish where the offence is committed, and the other third part to the informer, and that such bastard child be bound out as a servant by the said Church wardens untill he or she shall attaine the age of thirty yeares, and in case such English woman that shall have such bastard child be a servant, she shall be sold by the said church wardens, (after her time is expired that the ought by law to serve her master) for five yeares, and the money she shall be sold for divided as is before appointed, and the child to serve as aforesaid.
And forasmuch as great inconveniences may happen to this country by the setting of negroes and mulattoes free, by their either entertaining negro slaves from their masters service, or receiveing stolen goods, or being grown old bringing a charge upon the country; for prevention thereof, Be it enacted by the authority aforesaid, and it is hereby enacted, That no negro or mulatto be after the end of this present session of assembly set free by any person or persons whatsoever, unless such person or persons, their heires, executors or administrators pay for the transportation of such negro or negroes out of the countrey within six moneths after such setting them free, upon penalty of paying of tenn pounds sterling to the Church wardens of the parish where sich person shall dwell with, which money, or so much thereof as shall be necessary, the said Church wardens are to cause the said negro or mulatto to be transported out of the countrey, and the remainder of the said money to imploy to the use of the poor of the parish.[iv]
Appendix E
Report of Governor Francis Howard to the Council of Virginia, October 24, 1687
His Excellency was pleased this day in Councell to acquaint the Councell that he had even then reced [received] from Mr. Secretary Spencer Intelligence of the Discovery of a Negro Plott, formed in the Northern Neck for the Distroying and killing his Majesties Subjects the Inhabitants thereof, with a designe of Carrying in through the whole Collony of Virga which being by Gods Providence timely discovered before any part of the designes were put in Execution, and thereby their whole Evill purposes for the present defeated, and Mr Secretary Spencer haveing by his Care Secured some of the Principall Actors & Contrivers and the Evill & fatall Consequences that might have hapned, being by this Board Seriously considered, Have found fit to Order that the Negro Conspirators now in Custody be either safely Secured untill the next Genll Court, to the Intent they may then be proceeded against according to Law, of if it be found more Necessary for the present Safety of the Country that they be brought to a Speedy Tryall, that then his Excellcy will be pleased to direct a Commission to Mr Secretary Spencer, Coll Rich: Lee, and Coll: Isaac Allerton three of his Majesties Councell Inhabitants in the Northern Neck to Sitt heare and try according to Law the Negro Conspirators, and to proceed to Sentence of Condemnacon & Execucon, or to Such other punishmts as according to Law they shall be found Guilty off, by such examples of Justice to deter other Negroes from plotting or Contriveing either the Death wrongs or Injuries of any of his Majesties Subjects. And this Board haveing Considered that the great freedom and Liberty that has beene by many Masters given to their Negro Slaves for Walking on broad on Saterdays and Sundays and permitting them to meete in great Numbers in makeing and holding of Funeralls for Dead Negroes gives them the Opportunityes under pretention of such publique meetings to Consult and advise for the Carrying on of their Evill & wicked purposes & Contrivances, for prevention whereof for the future, It is by this Board thought fit that a Proclamation doe forthwith Issue, requiring a Strickt observance of the Severall Laws of this Collony relateing to Negroes, and to require and Comand all Masters of families haveing any Negro Slaves, not to permitt them to hold or make any Solemnity or Funeralls for any deced Negroes.[v]
[i] Warren M. Billings, ed., The Old Dominion in the Seventeenth Century: A Documentary History of Virginia, 1606-1700 (The Omohundro Institute of Early American History and Culture, 2007), 180-181.
[ii] Billings, The Old Dominion, 195-199.
[iii] William Waller Hening, The Statutes at Large; Being A Collection Of All The Laws of Virginia, From The First Session Of The Legislature, In The Year 1619 (University Press of Virginia, 1969. First published in 1823 by R. & W. & G. Bartow), 2:492-493.
[iv] Hening, Statutes at Large, 3:86-88.
[v] H.R. McIlwaine, ed., Executive Journals of the Council of Colonial Virginia (Virginia State Library, 1925), 1:86-87.