WILLIAMSBURG, VA - COURT - Political Prisoners in Virginia; 1716
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   William and Mary College Quarterly Historical Magazine, Vol. 5, No. 4.
   (Apr., 1897), pp. 267-268.

                         POLITICAL PRISONERS IN VIRGINIA.

   At a council held at the capitol ye 15th of Octobr 1716.
         Present         The Governor
      Edm'd Jenings         John Lewis
      James Blair           Wm Bassett
      Philip Ludwell        Nathl Harrison Esqrs

   On Reading at this Board Two Letters from the Right Honble James Stanhope 
Esqr his Majtys Principal Secy of State signifying his Majtys pleasure that 
the Rebell Prisoners taken at Preston and sent into this Colony and have not 
signed Indentures in England be required to sign the same here and in case of 
the Refusal that Certificate be given to the Purchaser that it is his matys 
Pleasure yt the said Prisoners shall serve such Purchaser or there Assigns
for the term of seven years(1).

                         October ye 24th 1716
   A Petition being prsented to this Board in Behalf of Several of ye Rebell 
Prisoners on Board the Elizabeth and Anne of Liverpool now in Yorke River 
Complains of divers hardships imposed on them by the Mr and owners of the said 
shyp contrary to Law and his Matys gracious Intentions for their 
Transportation ordered that a copy of the said Petn be sent to Capt
Edward Trafford mr of
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   (1) Twenty-nine of these prisoners were under indentures, eighty-three of 
them were not indented.  See list published in Calendar of State Papers, I., 
p. 185.  The extracts above are from the Council Book.

Page 268.

the said ship and that he have notice to attend this Board or send his answer 
in writing to the said Petn on Saturday morning and at the desire of the Petrs 
it is also ordered that the said Capt Trafford give leave for Wm Carter and 
John Stewart two of the said Prisoners to attend at the same time on the 
Behalfe of the said Petrs.

                               October the 29th 1716.
    Present                    The Governor
    Edmund Jennings            John Lewis
    Robt Carter                Nathll Harrison
    James Blair                Mann Page
    Phil Ludwell               Edmund Berkeley, esqrs.

   On hearing at this Board the Petn of certain of the Rebell Prisoners 
Transported into this Colony in the ship Eliza and Anne of Liverpool together 
with the answer of Capt. Edward Trafford mr of the said ship.  It is the 
Opinion of the Council that ye matters complained of are not properly 
determinable before this Board and that therefore the said Petn be dismissed.

   Whereas upon hearing the dispute between Capt Edward Trafford mr of the 
ship Elizabeth & Anne of Liverpool and certain of the Rebell Prisoners 
imported in the said ships the Governor was pleased to take notice of an 
expression dropt by one of the said Prisoners that divers of their number upon 
payment of several summes of money to the owners and officers of the said
ship had been set ashore and suffered to make their escape as well at 
Liverppool as at Cork

and apprehending it to be contrary to his Majesty's Intention that any of the 
Prisoners designed for Transportation should be suffered to go at Large either 
in Great Britain or in Ireland,  It is therefore the Opinion of the Council 
that tis fit enquiry be made which of the said Prisoners have been suffered so 
to escape and by whose measures contrived and that the same be represented to 
his Matys for that Purpose it is ordered that such of the officers and seamen 
of the said ship and Prisoners on Board as can give evidence in this matter be 
further examined upon oath before a comitee of this Board any four of which 
are appointed and Impowered to take the said Examinations(2).
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   (1) "The humble representation of the Gentlemen and others, Prisoners 
transported aboard the Elizabeth and Anne, of Liverpool", is printed in 
Calendar of State Papers, I., p. 186.
   (2) See depositions of James Urquhart, Thomas Foster and William Lyon, 
giving account of the means by which a number of their fellow prisoners were 
permitted by the master of the vessel to escape at the Cove or Cork and 
elsewhere.  Calendar of State Papers.

Transcribed by Kathy Merrill for the USGenWeb Archives Special Collections Project

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