Colonial Williamsburg Foundation Library Research Report Series - 1511
Colonial Williamsburg Foundation Library
Williamsburg, Virginia
1990
As soon as the Capital had been removed from Jamestown to Williamsburg, the Council recommended that a Committee be appointed to direct the building of a public prison. This prison was to be for the confinement of all those committed to the General Court from their respective counties for any trails for which the penalty of guilt was loss of life, or mutilation.
"An act giving further directions for finishing the Capitol and for building a Public Prison" was passed in 1701. The prison was to be a substantial brick structure, 20 by 30 feet in the clear; two stories high; having three rooms on the first floor, the largest one for the gaoler's use, with chambers over it, the other two, which were ten feet square, were for men and women prisoners. The building was to be underlaid with timbers to the foundations to prevent undermining. A yard, 20 feet square was to be walled in, which was erected on the west side of the prison. (p. 29.) The roof was shingled and was ordered tarred regularly. The gaoler's apartments probably had fireplaces, although the prison itself was unheated.
The prison lot was lot #278 on Nicholson Street in the old town plan of Williamsburg. The prison bounds were extended to include not only this lot, but the Capitol Square, which was 275 feet square. The early prison, like the Capitol, was built before the change was made in the city plan of 1699, by the act of 1705. This may account for the fact that the prison is not on axis with the line of Nicholson Street, which was definitely established in 1705, which is, with many encroachments, still determinable.
The building of the prison and the building of the Capitol were carried on as joint projects, with Henry Cary as overseer. The same workmanship and materials were employed on both. By October, 1703, the building was nearly completed, and in April, 1704, John Redwood, the first keeper, petitioned for his salary. In that same year, the bounds and rules of the prison were marked out with stones, imported, probably, from England.
In 1711, windows on the north and south side of the gaol were ordered stopped up, and one new window was cut on the west side of the gaol, which was protected by a high wall.
A Debtors' Prison was ordered erected in 1711, on an additional lot, as near the other gaol lot as possible. Since the Preface ii. only record of ownership of lot #277 (west of the gaol) was dated March, 1712, at which time it was a vacant lot deeded to John Marot by the trustees f the city, it was this lot which was probably acquired about this time, as there were two gaol lots after that date. The building act, passed in 1712, provided for a Debtor's Prison of brick, 32 by 20 feet, which was erected on the "end" of the other prison. (p.50). Between the prisons was a courtyard (p. 59). The Debtors' prison was flat-roofed, and the roof was tarred.
In 1722 an act was passed for making the public prisons more convenient, and for building a keeper's house. By this act, the prison rooms were divided, and two rooms at the east were set aside for debtors, and two at the west for criminals. Alterations to make the prison more convenient were estimated to cost £ 228. According to an inventory one of the keepers, made in 1771, the house included, "Upper Room, little room below, great room below, cupboard, passage, kitchen and Dairy. The two latter may have been outbuildings.
In 1740, John Carter the gaoler, petitioned for permission to enclose the prison garden with pales. He was allowed £ 5 for logs to do this work. The garden was no doubt, a vegetable garden, and in it the keeper grew part of the prison food. Carter also built outhouses on the prison lots at his own charge, which were appraised at £ 16 in 1741. They were probably a kitchen and a dairy. Successive gaolers petitioned for sums to maintain and repair the garden fence. The prison well was probably in, or near this garden. A Jail Spring, west of the prison, was in use for many years. An enclosure indicated on the Frenchman's map of 1782, east of the prison, may be its garden.
Prisoners confined in the gaol were no only locked in their cells, but were handcuffed and shackled with leg irons, welded by a blacksmith, and a block for striking off their irons was available. Prisoners, unless too poor to do so, had to provide their own meals, clothing and bedding. Those too poor were scantily supplied by the keeper. The gaol was so cold that deaths from freezing were not infrequent. There is evidence that the doors and windows, particularly in the criminals' gaol were covered with thick iron grates, but were not glazed. The suffering from cold was intense. The cells were dark, and the prisoners suffered from "jail fever", probably typhoid; a condition arising, no doubt, from the fact that cess pools or vaults, were within the cells. In one instance an epidemic of "jail fever" spread in town, and the prison Preface iii. had to be thoroughly cleaned to control the epidemic. Hamilton described the cell where he was confined in 1776 as 10 feet square, having no window for air or light, having a vault in the corner, and near it a scuttle 5 or 6 inches wide for passing in food. The interior was probably whitewashed at regular intervals.
There was no specific act providing for pillory, stocks or whipping posts, at the Public Gaol, but these punitive instruments must have been erected near the prison or within the prison bounds. In 1705 an act was passed directing "the Building and Maintaining of Prisons, Pillorys Whipping Posts Stocks and Ducking Stools in Every County." two months prior to the passage of this act it had been ordered that "the Pillory and Stocks set up in the Court of the Capitol, be forthwith removed, it being placed there without the direction of any Person having authority for that purpose and in a very unfitt place". (J.H.B., vol. 4, p. 154) (Exec. Jnls. of Counc., vol. 3, p. 31.)
It is reasonable to assume that the more fit place would be the prison bounds. The Gallows, on the other hand, were erected on the Capitol Landing Road, and executions took place there during every session of the General Court. The Gazette described the place of execution as the road to the Capitol Landing, or "the usual place near the City". A humorous reference to the gallows in Purdie and Dixons Virginia Almanack of 1771 calls it, "the three cornered tenement on the road to the Capitol Landing".
Until 1790, and probably for much longer, the prison and its additions and keeper's house were about as they were before the Revolution, and were used as a prison by the city of Williamsburg and the county of James City. The brick wall was even repaired in 1790. By 1861, however, some changes had occurred, as Mr. Charles describes the Keeper's House of that day as being of frame and being in front of the prison. During the course of the Ware between the States, Federal soldiers tore down a large part of the remaining buildings in order to use the bricks at Magruder.
The historical and archaeological information on the old Gaol group is well correlated and provides ample evidence for a restoration; one factor, however, which may confuse the interpretation of this evidence slightly, is the extensive amount of altering and repairing that was done in the eighteenth century, for which there are no itemized accounts. In 1765, it is notable that the master builder, Benjamin Powell, was paid £ 388:13: 8 for repairing the Publick Gaol, a sum roughly equivalent to $8,000 at present figures. This is only one of such items, and no doubt repairs meant not only maintenance of Preface iv. and repair of the buildings, but actual changes and alterations as well.
[signature]
HAROLD R. SHURTLEFF, Director
Department of Research & Record,
Colonial Williamsburg, Inc.
Report by: HB
Copies to:
1. Research permanent file.
2. Research active file.
3. Perry, Shaw & Hepburn.
4. Dr. Goodwin.
5 & 6.
My dear Mr. Cocke,
Your letter of 10th, and the buttons are to hand. I would say positively that those three specimens are of Revolutionary date. I would be inclined to conclude that they might possibly antedate the War of Independence by several years were it not for the mark "GILT*" on the back of specimen "C". This mark suggests that that particular button pertains to post Rev. days. I have found thousands of buttons in revolutionary Camps and many are of the class you send--but I have found only one specimen--in a Camp-with the "plated" mark. I am sending you four buttons similar to yours. These are from the Camp at Leaman Ave. They are positively Rev. and date 1778-83. We find such in many camps of the Rev. Occasionally--only--we get these German-silver-like buttons having faint chasings, similar to "B"; but such chasing appears frequently in the late 18th and early 19th century.
Reverting to the "Gilt" mark, I would state that this originally came along as follows. About the year 1790 a process of dipping was discovered, and buttons were given an inferior finish which was, of course, soon worn away. The outcome of this was that button-makers, in England, met to protest against the practice of marking buttons "plated" which were not plated, and "gilt" which were not gilt. This would appear to fetch your button into the 9th or possibly 10th decade of the 18th century; but your specimens "A" - "B" could well have served on garments-men's-- in Rev. times--and out-lived -2- the original garments.
You desire to know "the earliest possible date" of the several specimens, and to make a long story short--I would say the last quarter of the 18th century-- with a probably Revolutionary service. The buttons are quite certainly of English fabrication (Note the English "Gilt") and not American--certainly not Hessian--German--or French. And moreover probably were worn by one connected with the British Army. They are not Military in Character but really civil (dress) --intended for gentlemen .
You need not return those I send.
I should be pleased to hear from you occasionally and to see you if you come to town.
Very sincerely yours, (signed) W. L. Calver
The Star * after "Gilt" appears to refer to the quality of the gilt
. One star indicating a low grade of gilding. In the early 19th century we see two, three, or more stars indicative of gildings of the higher classes.
W. L. C.
Executive Journals of the Council of Colonial Virginia 1699-1705, Volume II, page 85.Aprill 20, 1700
Ordered, That it be recommended to the Committee appointed to revise the laws that they do Consider of the most proper method for the building of a Publick Prison…
Hening, Statutes at Large 1689-1710, Volume III, page 213.August, 1701
ACT VI.
An act giveing further directions in building the Capitoll and for building a Public Prison.
WHEREAS it is concluded to be more suitable and comodius for the uniforme carrying on and finishing the capitol now erecting in the City of Williamsburgh that some alterations be made in the modell of the said Capitoll laid downe and expressed in an act of assembly made at James City 27th day of April Anno Domini 1699,
Be it therefore enacted by the governour, councell and burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the following directions be observed vizt. …[directions about capitol].
Be it enacted by the authority aforesaid, and it is hereby enacted, That there be forthwith built convenient to the Capitoll and substantiall Brick Prison, thirty foot long in the clear and twenty foot wide in the clear three rooms on the lower floor, vizt. one with the Chambers above for the goalers or prison keepers owne use and for confinement of small 2. offenders, and the other two smaller on the lower floor for goals for the criminals of both sexes, to be underlaid with timbers under ground to the foundations to prevent undermining that at one end thereof there be walled in with a substantiall wall tenn foot high, twenty foot square of ground for the prisoners to be let into to aire them as occasion shall require for preservation of their life and health till tryall whereby it will be a convenient reception for all criminals upon their commitments and save the charge which necessarily accrews in each county by keeping continuall guards upon the, and that the comitee for overseeing the building the capitoll have power, and they are hereby impowered to send to England for iron barrs, bolts and all such materialls as shall be thought necessary for the same and direct the building thereof both in these and in all other things necessary thereunto.
And whereas the former law for building the capitoll gave power to the comitee to make use only of two thousand pounds sterling, which sume is well nigh expended,
Be it therefore enacted by the authority aforesaid, and it is hereby enacted, That the said comitee as often as they shall have occasion for money for the uses of the capitoll or prison, shall from time to time apply themselves to the governor or commander in chiefe for the time being, to issue out his warrant to the treasurer of this his majestyes colony and dominion, requireing him to pay so much money as they shall have occasion for; any former law to the contrary in any wise notwithstanding.
Signed by
FRANCIS NICHOLSON, Esq. Gov.
PETER BEVERLEY, Speaker.
Journals of the House of Burgesses of Virginia 1695-1702, Volume III, page 2903.Monday September the 8th 1701
Ordered That it be an Instruction to the Said Committee [Committee of Propositions and Grievances] in prparing the Said Bill to consider of a Suitable prison and to direct to modell and also to incert a Clause giving power to the Committee appointed to inspect and Oversee the building the Capitol and for building the Said prison--
Journals of the House of Burgesses of Virginia 1695-1702, Volume III, page 293Thursday Septr the 11th 1701
A bill giving further directions in building the Capitoll and for building a Publick prison according to ordr was read the Second time. Ordered That the Said Bill be ingrossed and read a third time
Journals of the House of Burgesses of Virginia 1695-1702, Volume III, page 295.Fryday September the 12th 1701
An ingrossed bill intituled an Act giving further directions in building the Capitoll and for building a Publick prison was read the third time And a Small amendment being made therein at the table and thrice read
Resolved The said bill do pass with the amendment
Journals of the House of Burgesses of Virginia 1695-1702, Volume III, page 302.4.Fryday September the 19th 1701
Ordered That the Committee for Public Claimes carrye the said Bill [Impositions on Liquors Servants and Slaves] and the bill giving further directions in building the Capitol and for building a publick prison to the Council and desire their Concurrence thereunto And also acquaint the Council that the House has now no business [be]fore them
Legislative Journals of the Council of Colonial Virginia 1680-1714, Volume I, page 311.5.At a GENERALL ASSEMBLY begun at his Majties Royall Colledge of William and Mary: 5th Decembr. 1700 and thence continued by sevll. Prorogacons untill Wednesday ye Sixth of Augst. 1701 &ct.
Fryday ye 18th Sept. 1701
Present
…
A Message from ye Burgesses by Coll Miles Cary and Others.Wee are Comanded by the House of Burgesses to waite upon yr Honrs and to lay before you a Bill Entituled An Act giving further direccons in building ye Capitoll and for building a Publick Prison. …
(page 312)
A Bill Entituled an Act giving further directions in building the Capitoll and for building a Publick Prison read the first time and Ordered a Second reading.
(page 313)
Tuesday 23d. Sept. 1701
Present
…
A Bill Entituled an Act giving further directions in building the Capitoll & for building a Publick Prison read ye Second time & Comitted for Amendments.(Page 314)
Wednesday 24th Sept. 1701
…
A Bill Entituled an Act Giveing further directions in Building ye Capitoll and for building a Publick Prison Read the third time wth ye AmendmtsResolved
That ye Bill wth ye Amendmts doe Pass
Journals of the House of Burgesses of Virginia 1695-1702, Volume III, page 309.Wednesday September the 24th 1701
An Ingrossed bill intituled an Act giving further directions in building the Capitol and for building a Publick prison being returned from the Council by Mr Wright and with it Proposals of severall Amendments to be made therein which if the house should agree to the Same the Council would agree to the Bill--
The said amendments were read and agreed to by the House and incerted in the Bill accordingly--
Legislative Journals of the Council of Colonial Virginia 1680-1714, Volume I, page 315.Thursday 25th Sept. 1701
…
A Bill Entituled an Act giving further directions in Building ye Capitol and for Building a Publick Prison Agreed to wth ye AmendmtsOrdered
That ye Clerk of ye Genll Assembly returne ye Sd bill to ye House of Burgesses and Acct them therewith.
Journals of the House of Burgesses of Virginia 1695-1702, Volume III, page 311.6.Thursday Septembr the 25th 1701
Mr. Wright from the Council brought into the House an Ingrossed Bill intituled an Act giving further Direction in building the Capitol and for building a publick prison and acquainted the House that the Council did agree to the same with the Amendments therein incerted--
Legislative Journals of the Council of Colonial Virginia 1680-1714, Volume I, page 324.Wednesday Prymo October 1701.
A Message to ye Council by Mr. Westcomb & others who Brought in a Role of Bills (vizt.)
An Act giving further directions in Building ye Capitoll and for building a publick prison.
(page 325)
Thursday ye 3d October 1701
The House of Burgesses Attending his Excy was pleased to signe these following Acts vizt.
An Act giving further directions in building ye Cappitol and for building a Publick Prison
Executive Journals of the Council of Colonial Virginia 1698-1705, Volume II, page 154.[November 4, 1701]
(C.O.5, Vol. 1312, No 21 x lx or lo. 342.)
Virginia
A list of the Criminalls that have been tried in the Generall Court since the time of the accession of his Excellency Francis Nicholson Esqr to this Government when they received their tryalls - for what Offence & whether Condemned or Acquitted.
In April Generall Court 1699 the first Court after his Excellency came
None.In October Generall Court 1699
7.
Samuel Bray of Charles City County Condemned for ye murther of his wife Sarah Bray, and was afterwards Executed.Peter an Indian man late belonging to Capt. Giles Webb Condemned for ye Murder of one John Crostick of Henrico County. and was afterwards Executed.
In Aprill Generall Court 1700
Thomas Day of Essex County for ye Murder of his wife. Acquitted & Discharged.
John Ide for ye murder of Thomas Bage of Sury County. Condemned. and was afterwards executed.
In October Generall Court 1700.
Sarah Swann of Middlesex County for Concealing the death of her bastard Child. Acquitted & Discharged.
John Smith for felony & ye Murder of Eliza. Day late wife of Thomas Day of Essex County. found Guilty. Condemned and was Executed.
In Aprill Genll. Court 1701.
Mary Anne Dowton for felony found Guilty. and was pardoned.
Richard Rowton & Jane his wife for felony. Acquitted and discharged.
In October Genll Court 1701.
Evan Roberts for ye Murder of Alice Evans. found Guilty of Manslaughter and had Judgmt. of death past against him upon his Confession that he could not read, but afterwards prayed that he might be transported wch was granted.
John Quidley & Edward Crowder for Steeleing Goods out of houses. Condemned, but afterwards prayed for transportation which was granted.
Derby Collnon for ye murder of his Misstress Jane Ford of King & Queen County Condemned. and is to be Executed in the Parish where ye Murder was Comitted On fryday next being ye 7th of this Instant November 1701.
Taken.
Per C-C-Thacker Cl. Gen. Cur.
this 4th Novr. 1701.
Journals of the House of Burgesses of Virginia 1695-1702, Volume III, page 285.8.Wednesday August ye 19th 1702
A Written Message from His Excelcy and the Honble Council… … And that directions may also be given concerning the bounds and rules of the prison
Journals of the House of Burgesses of Virginia 1696-1702, Volume III, page 386.Thursday August 20th 1702.
Ordered That the consideration of the last Clause of his Excelcys and the Councils Message about… the Rules of the prison be referred to the Comtee of Council and Burgesses appointed to consider other matters relateing to the Capitol
Journals of the House of Burgesses of Virginia 1695-1702, Volume III, page 395.Wednesday August the 26th 1702
That the Rules of the prison be the Lot that the said Prison Stands upon and the said Square of 475 feet
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 17.Wednesday 31th, March 1703
The petition of John Redwood for being imploy'd in looking after ye Capitoll & publick prison, was read and referre'd to ye Committee appointed to inspect ye building of ye Capitoll &c.
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 29.9.ffriday. 9th April 1703
Agreed That the Overseer of the works of ye Capitoll and prison take care and see that the same be forthwith done and finished according to the following directions.
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 30.ffriday 9th April 1703
That John Redwood is ye most fit person of the severall petitioners to be imployed to look after and take care of the Capitol & ye furniture and to be Goaler of ye Country prison when they shall be ffinished.
That thirty pounds Pr annu be the allowance given to those that shall hereafter be imployed therein, first Entering into Bond with good security for ye due and faithfull performance of what shall be thought reasonable to enjoyn and oblige them to
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 34.10.ffriday. 9th April 1703.
The Committee for Revisall of the Laws to whom it was referr'd to inspect and Oversee the building of ye Capitoll and prison, having finished the said Revisall, and that by means thereof it ceases to be any longer a Committee
Resolved That it is the Opinion of this House that a Joynt Committee of the Councill and Burgesses be appointed to execute the same trust for carrying on the building of the Capitol and prison that was formerly vested in the Committee appointed to Revise the Laws
Public Record Office, London
CO5 - #1313
Photostat, Research DepartmentApril 4th 1700-July 20th 1703.
An Acctt of Charges and Disbursments Laid Out.
For Building the Capitoll and Prison from the Beginning of the Said Building Aprill the 4th 1700 To the 20th of July 1703.
£ s. d April 4th 1700 To His Excellency for Necessaryes for the Capitoll Sent out of England 104:11: 2 9th 1702 To Mr. Cary for disbursments --- 53:10:00 To pd. Colo. Miles Cary for Charges of workmen out of Engld --- 60:00:00 To paid Colo. Miles Cary for Bricks - 600:00:00 7br 9th 1700 To pd. colo. Miles Cary for Bricks for supplying workmen --- 46:10:00 Apll 3d. 1702 To Paid Mr. Henry Cary on balance accott. 114:11: 6½ To Mr. Henry Cary in satisfaction of his Service --- 50:00:00 July 4th 1702 To Mr. Henry Cary on Balance Accotts 55: 3: 2 Decr 7th To Colo. Miles Cary for 4 Negroes -- 120:00:00 To Mr. Henry Cary for Necessaryes -- 25:00:00 To Mr. Benjamine Harrison Junr for Lime -- 200:00:00 To colo. Miles Cary for workmens wages &c 187:10:00 To ditto for beding & necessaryes for sd. workmen --- 100:00:00 9br. 6th 1702 To Mr. Henry Cary on Balance Accotts 81:13:11¼ To ditto for part his wages --- 30:00:00 To ditto for meat & Corn &c. for workmen 80:00:00 To ditto for buying a Carter 18:00:00 To Colo. Miles Cary for necessaryes out of Eng. --- 450:00:00 Apll 8th 1702 To Mr. Henry Cary for planks & Timber 150:00:00 May 7th 1702 To ditto on Balance his accotts -- 112: 7: 3½ To ditto for payment of laborors & Lime 40:00:00 Augt. 6th 1702 To Colo. Miles Cary for purchasing Lime 100:00:00 11. To Mr. Henry Cary for Shingles for Capitoll & Prison &c --- 200:00:00 8br: 10th 1702 To ditto on balance Accotts --- 55:17: 1½ To Coll. Miles Cary for purchasing necessaryes to finish the Capitoll and workmens wages &c --- 500:00:00 April 21st 1703 To Henry Cary for Carrying on the work of the Capitoll --- 150:00:00 June 8th To ditto due to him on balance of Accotts 96:11: 6 July 8th To ditto due to him upon balance of accotts 60:16:10 3822: 2: 6 4/3 Henry Cary Overseer.
E. Jenings
Tho. Barbar
Tho. Ballard.
Public Record Office, London12.
CO5 - #1313, Photostat, Research DepartmentRec'd Oct. 5th. 1703…
Copy of the Report of the Gentlemen Appointed to inspect the Building of the Capitol.
Referred to in Colo Nicholson's Lre of _____ 1703.
The Prison walls are up & ye roof is this day raising & doubt not butt itt will be completely finnished in September next.
Henry Cary Overseer.
E. Jenings
Tho. Barbar
Tho. Ballard.
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 51.Wednesday April 26th 1704
A Petition of John Redwood for an allowance as being Goal Keeper referred by the Council to the Consideration of the House was read and referred to the consideration of the Committee for Publick Claims to report their Opinions thereon
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 65-65.13.
(Also: Public Record Office, London
CO5 #1412, Minutes of the Council)Wednesday May the 3d 1704.
The said Message from his Excelly being read as followeth-- …
… and I farther recommend to you to send for Stones to be sett up to distinguish its bounds, and that the Bounds and rules of the prison be now ascertained and Stones also Sent for and sett up. thereon--ffr: Nicholson
Resolved and accordingly Ordered
That ten acres of land be laid out for the bounds and rules of the Prison
Resolved and accordingly Ordered
That Stones be sent for and sett up to distinguish the bounds of the Square markt out for the Capitol and the bounds and rules of the prison
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 67.Thursday May the 4th 1704
Mr. Randolph reported that the Committee of Proposicons and Greivances to whom it was referred to prepare and bring in a Bill for removeing Criminalls from the Goals of the Countys where they shall be apprehended to the publick Goal at Williamsburgh, had prepared the said Bill which be delivered in at the table--
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 69, 70, 71.Fryday May the 5th 1704
A Bill for removeing Criminals from the Goals of the County where they shall be apprehended to the Publick Goal at Williamsburgh was read the second time and a small amendment being made therein at the table and twice read
Ordered That the said Bill with the amendments be ingrossed and read a third time
Saturday May the 6th 1704
An Engrossed Bill intituled an Act for removing Criminalls from the Goals of the Countys where they shall be apprehended to the Publick Goal at Williamsburgh was read the third time--
Resolved Nomine Contradicente
That the said Bill do Pass
Legislative Journals of the Council of Colonial Virginia 1680-1714, Volume I, page 397.Saturday May ye 6th 1704
A bill An Act for removing Criminals from the Goals of the Countys where they shall be apprehended to the publick Goal at Williamsburgh
14.And the said Bills were read the first time & ordered a 2d reading
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 73.Monday May the 8th 1704.
Resolved That the Publick Prison be included within the Bounds appropriated to the Capitol and that the said bounds already ascertained for the said Capitol be continued from the said Capitol houses to the Extent of forty one poles to a Post, thence including the prison thirty two poles to a Post on the West side of the spring, thence fourteen poles to the corner of a ditch, thence along the said Ditch thirty poles and a half to a post by the said Ditch and from thence to the beginning place--
Legislative Journals of the Council of Colonial Virginia 1680-1714, Volume I, page 399.15.Tuesday May the 9th 1704
An engrossed bill from the burgesses Ent an act for removing Criminals from the Goals of the Countys where they shal be apprehended to ye publick Goal at Williamsburgh,
Read the 3d time, and agreed to by the Council
Ordered, that the Clerk of the Genll Assembly carry the sd bill to the House of Burgesses, and acquaint them that the Council have agreed thereto without any amendmt
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 76.Tuesday May the 9th 1704
An Ingrossed Bill intituled an Act for removeing Criminals from the Goals of the Countys where they shall be apprehended to the publick goal at Williamsburgh agreed to by the Council without any amendment--
Executive Journals of the Council of Colonial Virginia 1699-1705, Volume II, page 367.May ye 9th 1704.
… The two Chicahominy Indians named James Mash and Coscohunk …
Whereupon it is Ordered that the further examination of the said Indians be deferred till tomorrow, and that in the mean time they be committed to ye Custody of John Redwood Keeper of the publick Goal, and that the guard that brought them down be now discharged.
Legislative Journals of the Council of Colonial Virginia 1680-1714, Volume I, page 407.16.Friday May the 12th 1704
In obedience to yor Excellcys commands, We her Matys Loyal and dutifull subjects the House of Burgesses are come to attend yor Excellcy and have brought with us several bills and Ordinances agreed upon by the honble Council & our selves, to wch we humbly pray yor Excellcys assent.
…
An Act for removing Criminals from the Goals of the Countys where they shal be apprehended to the publick Goal at Williamsburgh.
Executive Journals of the Council of Colonial Virginia 1699-1705, Volume II, page 384-385.At a Council held at Westhopher the 12th day of September, 1704
… Ordered that Coll Wm Tayloe Comder in chief of the Militia of Richmond County cause all such of the Said Nansiattico Indians as are now or shall hereafter be taken into custody on Suspition of the said murder to be safely conveyed under a good Guard to the Common Goal at Williamsburgh, and there delivered to the keeper of the said Goal who is hereby required to receive and keep them until further order be taken to bring them to condign Punishment for their sd. Crime.
And it is further Ordered that the said Collo Tayloe Cause the Indians who have already confessed the fact and given Information agt the other indians to be kept separate from the rest, and so delivered to the keeper of the said Goal, who is likewise required to keep them separate to prevent their being prevailed upon by the other Indians to retract their evidence.
Ordered, That John Redwood keeper of the Common Goal at Williamsburgh do immediately upon his receiving the Nansiattico Indians Prisoners, impress a good Guard, not less than six in number for the better securing the said Indians…
Executive Journals of the Council of Colonial Virginia 1696-1705, Volume II, page 397.17.October the 21st 1704.
Ordered, that John Redwood Keeper of the Goal at Williamsburg receive the Nansiattico Indians into Prison, & there secure them untill the meeting of the Assembly and that he acquaint his Excellcy & the Council what provisions he will allow them & at what rate.
Executive Journals of the Council of Colonial Virginia 1699-1705, Volume II, page 400.October the 26th 1704
In consideration of the Proposal of John Redwood for dyeting the Nansiatico Indians that are to be committed to his custody; It is the Opinion of the Council that he be allowed five pounds of Tobbacco per diem for every one of the said Indians; he engaging to furnish them sufficiently with such sort of Provisions as they are accustomed to, and give them flesh once a week.
Ordered that the Clk of the Council take a list of the Indians at their entry into the Prison and that if any of them happen to dy there the Keeper take a memorandum of the day of such death in order to the making up a just account of what shal be due for their dyet.
Ordered that the clerk of the Council provide Match costs for such of the sd Indians as shal be in want of Cloathing.
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 94.18.Wednesday April ye 25th 1705.
A Petition of John Redwood praying That the Charge of Imprisonment of the Nansiattico Indians may be paid him in Mony
…A Petition of John Redwood praying an Allowance of Thirty pounds Sterling being his Annuall Salary as Goal keeper.
…A Petition of Thomas Whitby praying an Allowance for Putting on and Taking of the prisoners Irons & other Services
Being referred by The Honble Generall Court to the Consideration of The house was Read
Ordered That the said Petition be Referred to ye Consideration of The Committee for Publick Claims
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 111.Tuesday May ye 8th 1705
The Several Claims of Edward Ross & John Redwood Concerning The Indians being Referred by The council to ye Consideration of The house were Read
Ordered That The Said Claims be Taken into Consideration When the book of Claims is Considered
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 117-118.Thursday May ye 10th 1705
Resolved That the Roofs of The Capitol & prison be Tarred again This Summer as often as ye Overseer of the Building Shall Think fitt
…
That The Indians Must of Necessity be kept in prison at ye publick Charge Till they Can be Transported
Calendar of Virginia State Papers & Other Manuscripts 1652-1781, Volume I, page 90.19.May 10th, 1705
Mr Sp. & G.H.B.:
Since I understand that the Council & yr. house have agreed upon a bill for transporting ye Nansiatico Indians, I propose to yor consideracon, whether those Indians shal be continued in prison at ye Country's charge till they can be transported. Whether you think fitt to appoint a time for people that intend to transport them, to come in & make their proposals, and if no person will undertake to transport them of, or if they are transported & not recd in the plantacons so that the person transporting them be obliged to bring them back, in what manner shal they yn be disposed of.(Francis Nicholson)
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 124-125.Satturday May ye 12th 1705
A Petition of John Redwood praying Allowance of his Sallary as Goal keeper being referred by the Council to ye Consideration of The House was read
Ordered That John Redwood be paid his Salary of Thirty Pounds for being Goal keeper of ye publick prison.
Ordered That The Committee for Publick Claims Carry to his Excellency and Council a Copy of … ye order made upon the petition of John Redwood and Desire Their Concurrence to ye Said Order--
Hening, Statutes at Large 1682-1710, Volume III, page 289.22.October 1705
CHAP. XXXVIII.
An act for removing criminals from the goals of the counties where they shall be apprehended, to the public goal at Williamsburg.
I. BE it enacted, by the Governor, Council, and Burgesses of this present general assembly, and it is hereby enacted, by the authority of the same, That when any person shall, at any time hereafter, by precept from any justice of the peace within this dominion, be committed to the goal of the county, for any such criminal offence, as shall appear to such justice to be triable in the general court only; in such case, it shall be lawful for the same justice to issue his warrant to the sheriff of the county, requiring him to summon the justices of the same county, to meet at a certain time to be appointed in the said warrant, not less than five days, nor above ten days after the date thereof, and hold a court for examining the 20. prisoner, and all witnesses and circumstances relating to the matter whereof he or she shall be accused; and to consider whether, as the case shall appear to them, he or she may be tried at the general court: Which warrant the said sheriff is hereby required to obey and execute; and by virtue thereof, the said justices may lawfully meet and hold court for the intents herein mentioned: And if, upon examination before the said court, they are of opinion, that the prisoner ought to be tried for the fact whereof he or she is accused, before the general court, they shall signify the same, by entring such their opinion upon record in the said court, and shall remand the said prisoner to the county gaol; and thereupon, it shall be lawful for any two justices of the said court, (whereof one shall be of the quorum) by precept under their hands and seals, signifying the true cause of commitment, directed to the keeper of the public goal at the city of Williamsburg, to remove the said prisoner, and to commit him or her to the said public goal, there to remain until he or she shall be thence delivered by due course of law: By virtue whereof, the sheriff of the said county shall, as soon as he can conveniently, remove the prisoner to the said public goal, and shall deliver him or her, together with the said precept, to the keeper thereof; who is hereby required to give due obedience thereunto, and to receive, and in his custody safely to keep such prisoner so delivered unto him, by virtue thereof. And for the better enabling the said sheriff to perform his duty herein, it shall be lawful for the said two justices as aforesaid, by warrant under their hands and seals, to impower the said sheriff, as well within his own county, as in all other counties through which he shall have occasion to pass with the said prisoner, to impress such and so many men, horses, sloops, or boats, as shall be necessary, for the safe conveying the said prisoner to the public gaol aforesaid; which warrant, the said sheriff is hereby authorised and impowered to put in execution: And all other persons are required to give due obedience thereunto, so as the said sheriff shall proceed therein, in manner as is directed by law upon such impressing in other cases.
II. Provided nevertheless, That when any prisoner shall, by the court, be remanded to the county goal, as aforesaid, if the offence be of such a nature, as the prisoner may be admitted to bail; then, and in such case, he or she shall not be removed out of the county, to the said public goal, in less than twenty days after such remanding: To the end, that in that time, bail may be procured and given in the county.
III. Provided always, That nothing herein contained, shall be construed so as to exclude or hinder any person from being admitted to bail, after his or her removal into the said public goal, in such case as by law he or she may be bailable.
21.IV. And be it further enacted, That if, upon the first commitment of any prisoner to the county goal, he or she shall desire any witnesses on his or her behalf to be examined at the said county court, then the sheriff, upon his or her request, is hereby required to summons such witnesses to appear at the said court accordingly. And if, after being remanded to goal as aforesaid, the prisoner shall desire any witnesses to appear at the trial, in the generall court, then the clerk of the said general court, at his or her request, or at the request of any other person, in his or her behalf, shall issue subpoenas, for the summoning such witnesses to appear accordingly.
V. And be it further enacted, That in the time of the general court, it shall be lawful for the keeper of the public goal, being thereto impowered by order of the said court, to impress such and so many persons as shall be necessary for the guarding and safe keeping of all such prisoners as shall be and remain committed to his custody.
VI. And be it further enacted, That the fees due to the sheriff, for such removal of any prisoner, as aforesaid, from the county goal to the public goal, shall be after the rate of one hundred pounds of tobacco, for every twenty miles distance. And the fees to the said sheriff and keeper of the public goal, for keeping and dieting any prisoner in their goal, shall be five pounds of tobacco for each day, and no more.
VII. And be it further enacted, That all and every other act and acts, and every clause and article thereof, heretofore made, for so much thereof as relates to any matter or thing whatsoever, within the purview of this act, is, and are hereby repealed, and made void, to all intents and purposes, as if the same had never been made.
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 144.Monday November ye 5th 1705
The Petition of John Redwood Goalkeeper praying to be Allowed his Fees for the Imprisonment of Daniell Macurty from The Sixth day of June Last to This time was Read
Ordered That The Said Petition be Referred to the Consideration of The Committee for publick Claims to Report Their Opinions Therein.
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 156.Fryday November ye 16th 1705
A member of The house Moveing for Leave to bring in the Claim of John Redwood
Leave is Accordingly given him and The Same being Read was Referred to The Consideration of the Committee for Publick Claims.
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 182.23.Saturday May the fourth 1706
The petition of John Redwood praying an allowance of his annual Sallary as Goal keeper
… referr'd to the Committee for public Claims to report their opinions therein.
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 215.Wednesday June the 5th 1706
A Bill for removing Criminals from ye Goales of ye Counties, where they shall be apprehended to the public Goal at Williamsburgh which he presented to ye house, and ye same were received.
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 218.Fryday June the 7th 1706
An Engrossed bill Entitutled an act for removing Criminals from the Goalers of ye Counties, where they shall be apprehended to the public Goal at Williamsburgh was read ye third time
Resolved That ye bill do pass.
Executive Journals of the Council of Colonial Virginia 1705-1721, Volume III, page 154.24.At a Council held at ye Capitol the 2d day of September 1707.
The consideration of the claime of Jno. Redwood and others for dyating the French Prisoners sent hither from Carolina is refd till the Genll Court.
Executive Journals of the Council of Colonial Virginia 1705-1721, Volume III, page 192.At a Council held the 20th of September 1708.
Several petitions being presented to the Council for the office of Keeper of the County Gaol, Ordered that the same be referred till the next Council, care being at present taken therein.
Executive Journals of the Council of Colonial Virginia 1705-1721, Volume III, page 202.October the 28th 1708
On consideration of the sevll petitions for the office of Keeper of the County goal It is recommended to Mr President if he finds the present Keeper capable and diligent in takeing care of the prison and Capitol to continue him till further order otherwise to putt in such person in that office as he finds most capable & can give best Security for keeping the same.
Executive Journals of the Council of Colonial Virginia 1705-1721, Volume III, page 203.25.November 2, 1708.
Ordered that the Keeper of the publick Goal permitt Francis Biggs a prisoner the use of the Keepers room in the prison & provide him wth good bedding during his Sickness or that he be boarded out for recovery of his health.
Executive Journals of the Council of Colonial Virginia 1705-1721, Volume III, page 205.At a Council held at the Capitol the 10th day of February 1709.
Mr John Ince having (on the Resignation of John Redwood) been appointed by Mr President to be Keeper of the publick Goal was this day approved by the Council and ordered that he give Security.
Executive Journals of the Council of Colonial Virginia 1705-1721, Volume III, page 222.At a Council held a the Capitol the 12th day of September 1709.
John Brodnax being appointed by Mr President to be Keeper of the Capitol and publick goal was this day approved in Council and Order'd to give bond for the due performance of his office.
Colonial Papers26.
1703-1710, Virginia State Library ArchivesCollo. Ludwell concerning Negros under arrest 19 March 1709/10
Pursuant to yr Comand I had all Dr. Blair's negroes, Mr. Jacquelins negroes my owne 3 Negroes & 3 more which I had intelligence of from my owne people secured under guards at James Towne by Eleven of ye Clock yesterday & I gott Mr Marrable Mr Brodnax & Mr. Jacquelin to goyn with me in takeing their Examinations which I have herewith sent you. …
This Sr. is the present State of the Case with us and I beg ye favour of yr Directions what you please to have farther done with them. Whether they shall be released or Continued as they are or put into yr. Sheriff's custody or sent to ye Public Goal at Williamsburgh where I supose they may be kept with less charge. Whatever yr determination be Yr comands shall be faithfully executed by
Honble sr
Your Most obedient Humb sert.
Phll. Ludwell.
March ye 19th 1709/10.
Calendar of Virginia State Papers & Other Manuscripts27.
1652-1781, Volume I, page 129.March 24th 1709/10
Honble Sr ______________
Pursuant to an order of yr Honr in Councill, Dated ye 21st Instant, Directing ye Examination of Sevell Negro and Indian slaves concerned in a Late Dangerous Conspiracy, formed and Carried on by greate numbers of ye said negroes and Indian slaves for taking their Escape by force from ye Service of their masters, and for ye Destroying and cutting off Such of her Majties Subjects as Should oppose their Design. We the subscribers, have accordingly proceeded to ye said examination, (a coppy* of wh is herewith transmitted,) and have punished and Discharged all Except Mr. William Edwards' Scipio, Mr Joseph Jno: Jackmans' Salvadore, and Tom Shaw, Belonging to Mr Samuel Thompson, who, we are of opinion, are the Principal Contrivers and most remarkable in ye aforesaid Conspiracy, who do still Continue in ye Goal of the County till further ordrs from your Honr. As to ye Probability of ye Testimony, taken, that Scipio and Mr Samuel Thompsons' Peter, who is now outlawed, were the first and Chief promoters of that wicked and pernicious designe, their Behaviour, as well as that of Tom Shaw, having allways been, but more Especailly for some little time past, very rude and Insolent. As to Salvadore, he has been a great promoter and Incourager in persuading of 'em to ye probability of Effecting their designe and in promissing of 'em his Assistance therein.
We are yor Honrs
Most obedt humble ServtsTHO. HOLT
NATHLL HARRISON
WM EDWARDS
WM COCKE
ETHD TAYLOR
Journals of the House of Burgesses of Virginia 1705-1712, Volume IV, page 254.28.Thursday November The Second 1710
The petition of Mr Thomas Jones Attorney of John Redwood praying That what is Due unto The Said Redwood as Keeper of The publick Goal may be paid unto him The said Jones he having a power to Receive The Same, being Referred by The Council to The consideration of The house was Read.
The petition of Dionisis Hadley praying that she may be Allowed fifty pounds out of The Sallary Due unto John Redwood Late Keeper of The publick Goal was Read
…
The petition of David Minetrie praying That he may be allowed for sundry Services about The Capitol and publick prison andThe petition of David Minetrie praying That as he Married The Admrx of John Juce [Ince] Decd There may be paid unto him what was Due to The Said Juce [Ince] for Sallary and fees for Keeping The publick Goal.
Being Referred by The Council to The Consideration of the house were Severally Read
Ordered That The Said Petitions be Referred to The Consideration of The Committee for Publick Claims to Report Their Opinions Therein to The house.
…
The Petition of John Broadnax praying to be Allowed his Sallary and fees Due to him as Keeper of The publick Goal Were Severally ReadOrdered That The Said petitions be Referred to The Consideration of The Committee for publick Claims to Report Their opinions Therein to The house.
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 261.Thursday November the 9th 1710
A Member of The house Moving for Leave to Bring in The Petition of Elizabeth Redwood and Lyonel Loyd, Leave is Accordingly given him And The said petition was Read praying That what is Due unto John Redwood who formerly Kept The publick Goal may be allowed, and That The same may be paid unto The said Loyd, it being Assigned him--
Ordered That The Consideration of the Said Petition With the papers Thereto Relating be Referred to The Committee for Publick Claims to Report Their opinions Therein--
Calendar of Virginia State Papers & Other Manuscripts 1652-1781, Volume I, page 147.29.[1710]
Accot of the Ordinary Charges of the taking up & trying the 8 pirates brot in by Capt Luke Knott-- To Henry Irvin, his accot as follows--
To Job Newman an Evidence, for his attendc £ 4.10.00 To Aaron Levy, same 4.00.00 To Hannah Miller ye same 4.10.00 To the accommodation of the two portuguese at Wm. Craigs' 2. 3. 9 To Do for Summoning the Judges of the Court and other Charges 5.12.11 To the Marshall for the Court 5. 0. 0 To the Register 20. 0. 0 To Thos Wythe, as an Evidence 1.15.00 To Jno. Broach for chains & Revitts 9 ------ To attendance of Capt: Knotts' men viz - Wm Williams Chief Mate, four days attendc & travelling 40 Miles 1.16. 0 To the Boatswain & three others at ye same rate 6. 8. 0
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 308.Wednesday November 14th 1711
The Claim of John Broadnax as Keeper of the Publick Goal was presented to the House and referred to the Consideration of the Committee of Publick Claimes to report their Opinions therein
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 309.30.Thursday November. 15th 1711
The Petition of John Broadnax Keeper of the publick Goal was read Setting forth the Inconveniencies in having a Window on Each side of the Said Goal, and that they may be stopt up and that One other window may be made at the West end of the Said Goal which is Surrounded with a high Wall--
Resolved. That Liberty be given to the said Broadnax to make alterations in the Publick goal according to the prayer of his Petition and that the same be done at the Charge of ye Country.
Ordered That Mr Connaway, Mr Tarpley. and Mr Presley do Carrye a Copy of the Said Resolve to the Council and desire their Concurrence thereto--
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 311-312.Saturday. November 17th 1711
Ordered That it be an Instruction to the Comtee of Propositions and Greivances to whom it is referred to prepare and bring in ye sd Bill. To provide therein against the Defect of County prisons-
And upon consideration of the report of the Said Committee made upon that part of the Governors Speech which represents the want of a Prison for Debtors committed by the Judgments of the Genll Court --
After a Debate--the question was put
That ye report of the Said Comtee be agreed to
Resolved in the affirmative And thereupon--Resolved That a Publick goal for Debtors which shall be committed by the Genll Court be built at Williamsburgh. That ye Same be built wth Brick and be well Secured with Plank That it be made thirty two foot in Length and Twenty foot in breadth from out side to out side. That it be called the Generall Court prison for Debtors That the Generall Court have power to appoint the Keeper of the Said prison and to lay out the rules thereof--
Legislative Journals of the Council of Colonial Virginia 1680-1714, Volume I, page 518-519.31.Tuesday, November 20, 1711.
Petition of John Broadnax Keeper of the Publick Goal with a Resolve of the house thereupon to which they desire the Councils Concurrence.
And the same being read was agreed to and is as follows Vizt
The Petition of John Broadnax Keeper of the public Goal was read setting forth the Inconveniencys in having a Window on each side of the sd Goal and praying that they may be Stopt up. And that one other window may be made on the West end of the said Goal which is Surrounded with a high Wall
Resolved
That Liberty be given to the said Broadnax to make Alteracon in the sd Publick Goal according to the Prayer of his Petition. and that the same be done at the Charge of the Country.
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 314-315.Wednesday November 21th 1711
Mr. Holloway reported that the Committee of propositions and Greivances to whom it was referred to prepare and bring in a Bill for building a prison for Debtors to be committed to by ye Generall Court had prepared the said Bill, which he presented to the House and ye Same being received was read the first time and Ordered to be read a Second time--
Thursday November 22d, 1711
A Bill for building a prison for Debtors to be Committed to by the Generall Court was read the Second time…
… Ordered That the Bill be Committed for Amendments to the Comtee that prepared the Same--
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, page 318.32.Saturday November 24th 1711
Mr. Holloway reported from the Committee to whom the Bill for building a prison for Debtors to be committed to to [by] Genll Court, was committed. That they have made Several amendments thereunto, which they had Directed him to report to the House which he read in his place and afterwards delivered in at ye table where ye Same were twice read and agreed unto by ye House
Ordered That the Bill wth the Amendments be Engrossed.--
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, Page 321.Wednesday November. 28th 1711
Also That the Council have agreed to the Resolve of this House giving liberty to John Broadnax to make alterations in the Publick Goal at ye Charge of ye Country--
Journals of the House of Burgesses 1702-1712, Volume IV, page 322.Fryday November. 30th 1711
A Message from the Council by Mr. Robertson That the Council have agreed to the Bill entituled an Act for building A Prison for Debtors to be Committed to by the Genll Court without any amendments--
Hening, Statutes at Large 1711-1736, Volume IV, page 26.November, 1711.
CHAP. III.
An Act for building a Prison for Debtors to be committed by the General Court.
I. WHEREAS it is found very inconvenient, that when defendants are brought in custody from several remote and distant parts of this colony to the general court by writs issued out of the office of the said court, for want of bail for their appearance; and at the return of such writs or appearing, cannot give special bail to such actions on which they are arrested, or after judgment obtained against them in custody, on which they ought immediately to be in execution, there is at present 33. no prison or place to which such defendants can properly be committed.
II. Be it therefore enacted, by the Lieutenant Governor, Council and Burgesses, of this present General Assembly, and by the authority of the same, That as soon as conveniently may be, after the passing of this act, one lot or half acre of land lying in the city of Williamsburg, and in the county of York, as near as may be to the place where the colony goal for criminals now stands, be set apart and appropriated for a place whereon a prison shall be built; and that so soon as conveniently may be after the time aforesaid, there shall be made and erected on the said lot, a good substantial building of brick, well and sufficiently strengthened and secured with with timber and plank, iron work, and other materials, so as to make the said building strong, and sufficient for the safe keeping of prisoners, out of the monies which shall be levied and raised by an act of assembly of this colony, intituled, An act for laying a duty on liquors and slaves, after the monies already appropriated out of the said duty are levied and paid.
III. And be it further enacted, by the authority aforesaid, That the honourable the lieutenant-governor, or the governor, or commander in chief of this colony and dominion, for the time being, it impowered and desired to contract and agree with any person or persons, for the erecting, building and finishing the prison aforesaid; and to issue his warrant upon the treasurer of this dominion, for the time being, for any sum or sums of money which may be wanted, for the building and finishing the said prison, out of the monies which shall be raised for the said use, not exceeding two hundred pounds.
IV. And be it further enacted, by the authority aforesaid, That the said prison so erected and built, shall from thence forth be called, The General Court Prison for Debtors; of which said prison, the judges of the general court, or the greater part of them, are hereby authorized and impowered to lay out and appoint rules.
V. And be it further enacted, That the sheriff of the county of York, for the time being, shall be and is hereby appointed to be keeper of the said prison, and shall constantly attend the said court; and is hereby impowered and required to receive and take into his custody all and every person and persons which shall by the said court be committed to him on mean process, or in execution in any civil cause or action, or for any contempt of the said court; and such person and persons in the said prison to detain and keep, until he, she, and they shall be thence lawfully discharged; and to take and 34. receive all such prisoner and prisoners so committed to his custody, such fee and fees as are settled and allowable by law.
VI. And be it further enacted, by the authority aforesaid, That there shall be satisfied and paid to the said sheriff of York county, for his care and pains in keeping the said prison, and looking after the prisoners committed to his custody, and for his attendance on the general court, such allowances, disbursements, and accounts, as shall be thought reasonable by the general assembly of this dominion.
VII. And be it further enacted, by the authority aforesaid, That if any prisoner who shall be committed to the custody of the said sheriff, or keeper of the said general court prison for debtors, shall be so indigent and poor, that he or she be not of ability to maintain and subsist him or herself in the said prison; then and in such case, there shall be allowed and paid to such sheriff, as keeper of the said prison, for the relief and subsistence of such poor prisoner, the sum of six pence by the day, for every day such poor prisoner shall remain and be in his custody; to be levied and paid by the general assembly of this dominion.
VIII. Provided always, That no fee, or security for a fee shall be paid or given by such poor prisoner to such sheriff, as keeper of the said prison, on any account or pretence whatsoever; nor shall it be lawful for such sheriff, as keeper of the said prison, or his under-sheriff, or any person whatsoever, to detain or keep in his custody such poor prisoner, for not having paid his or her fees due, or pretended to be due to him, by reason of his being keeper of the said prison.
IX. And for the more easy and speedy obtaining of judgment against any person or persons who shall be a prisoner or prisoners in the aforesaid prison of the general court for debtors, Be it further enacted, by the authority aforesaid, That it shall and may be lawful to and for any person or persons who hath or shall have any cause of action against any persons who hath or shall have any cause of action against any prisoner or prisoners, who shall be committed to the said prison after entring an action, and filing or entring a declaration in such action with the clerk of the general court and delivering a copy of such declaration to any such defendant or defendants; in any personal action or actions, at least one month before the day of the general court to which the said action is entred, and affidavit made of such delivery of such copy of such declaration, before one of the judges of the said court; unless such defendant or defendants shall enter, or cause to be entered a plea to such declaration, with the 35. aforesaid clerk of the general court, at least three days before the day the court to which the said action shall be entred, to obtain judgment in such action against such defendant or defendants; any law, statute, act of assembly, usage, or custom to the contrary thereof, in any wise, not-withstanding.
Journals of the House of Burgesses of Virginia 1702-1712, Volume IV, Page 356.Thursday January. 31th 1711/12
An Act for building a Prison for Debtors to be Committed to by the Generall Court--
York County, Virginia36.
1701-1713, Deeds and Bonds, Volume II, page 418.May 8, 1712
Rovierre, Claude (Executors
Chermoson, Elizabeth (Joseph Chermoson
widow
to
Cunningham, David - BarberConsideration: 5 shillings.
All those two lots of land with dwelling house and outhouses which was the said testators at the time of his death, lying and being in the City of Williamsburg, on the back side of ye Capitol near ye Public Goal, designed in the plot of the said city by the figures 279, 280.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 12.Wednesday October the 29th 1712
The Claim of John Broadnax keeper of the Publick Goal was presented to the House and Referr'd to the Consideration of the Committee for Publick Claims to Consider the Matter thereof And Report their Opinion therein
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 15.37.Saturday November the 1st 1712
A Written Message from the Honourable the Lieut Governor by Mr Robertson.
Among the Various measures taken for preventing all manner of Trade with the Tuscarora Indians…
they then left Two Hostages which were to Remain untill the Return of their Deputys and the performance of Some other Conditions which they have also broke One of those Hostages made his Escape And on eof the prisoners taken by the Rangers is since dead The Rest of the Men Remain in the Publick Goal And as their Subsistance is a Charge to the Country I shall be glad to know your Opinion what ought to be done with them after Such Repeated Breaches of promise made by their NationA: Spotswood.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 18.Wednesday November the 5th 1712
A Petition of Bridget Minittree Executrix of David Minittree Deceased praying to be Allowed for Smiths work done for the County's use by the Said Deceased in his life time being Referr'd by the Governor and Council To the Consideration of this House was Read
Ordered That the Consideration of the Said Petitions be Referr'd to the Committee of Claims To Report their Opinion therein to the House
…
To the Honourable Alexander Spotswood…… In pursuance of which Certain Tuscarora Indians have been taken up and are now in the Publick Goal at the Charge of this Country upon which your Honour has been pleased to require our Opinion what ought to be done with them.
We therefore humbly Desire That your Honour will be pleased to Acquaint us with the purport of those Proclamations mentioned in your Said Message as also what Treatment those Indians had warning to Expect by your Honours Declaration the better to Enable us to Comply with your Honors Demands.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 21.Fryday November the 7th 1712
The Governors Message to ye House of Burgesses
…
And accordingly I gave Orders to the Tributary Indians not only to Seize every Tuscarora they Should find within the Limits of this Colony But also to Stop and Carry before the next Justice any of the Inhabitants which they Should Discover going out to Trade with that Nation… And of the Orders and Proclamations Subsequent thereunto That the Prisoners now in the Publick Goal 38. were taken up Nevertheless I have on your Representation given directions that Care be forthwith taken that they may not perish for want of Cloaths or other Necessary's reasonable to be given them. …A: Spotswood
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 55.Friday November the 13th 1713
A Claim of John Broadnax with Several Papers relating thereto was presented to the House and Refer'd to the Consideration of the Committee of Public Claims to Examine the Matter thereof And Report the Same with their Opinion therein to the House
A Petition of the Said Broadnax was presented to the House and Read Praying that what Tobacco shall be proportioned to him this Assembly may be in York or James City County
Ordered That the Said Petition be Refer'd to the Committee for Publick Claims to whom this Claim with the Papers relating thereto was Refer'd
Colonial Papers39.
Box 1710-1720. Folder 1714. Virginia State Library Archives.
lb s. d. To Payments for The Prison 58: : T. Beverley, Treas.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 92, 93.Saturday November the 27th 1714
Page 92.
Mr Holloway (according to Order) presented to the House a Bill to Repeal part of an Act Entituled an Act Directing the manner of Levying Executions and for Relief of poor Prisoners for Debt, And the Same was Received and Read the first time And Ordered to be Read a Second time.
Page 93.
Monday November the 29th 1714
A Bill to Repeal part of an Act Entituled an Act Directing the manner of Levying Executions and for Relief of poor Prisoners for Debt was Read a Second time
After a Debate the Question was put That the Bill be Ingrossed
It passed in the Negative
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 95.40.Friday December the 3d. 1714
A Petition of Charles Barret was by Leave of the House presented and Read Praying an Allowance of Two pounds fifteen Shillings for Visitts Attendance and Phisick Administered to Prisonners in the Publick Goal
Ordered That the Said Petition be Referred to the Consideration of the Committee for Publick Claims to Examine the Matter thereof and Report the Same with their Opinion thereon to the House.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 133.Thursday August the 11th 1715.
A Claim of John Broadnax was presented to the House and Referr'd to the Consideration of the Committee for Publick Claims to Examine the Matter thereof and Report the Same with their Opinion thereon to the House.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 179.Tuesday April 28th 1718
The Claimes of John Broadnax Keeper of the Country goal were presented to the House and referred to the Committee for Publick Claimes to Examine the matter thereof and report the Same with their Opinion thereon to the House--
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 223.41.Thursday November ye 13th 1718.
A Claim of George Allen for Visits and Physick Administered to a prisoner in the Country Goal…
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 224.Friday November the 14th 1718
A Claim of John Broadnax Keeper of the Country Goal was presented to the House and referr'd to the Committee for publick Claims to examine the same, and report their opinion thereon to the House.--
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 227.Wednesday November the 19th 1719.
A Petition of John Broadnax praying a larger Allowance for keeping the County Goal & Capitol, being referr'd from the Governor & Council was Read
Resolved That Ten pounds per annum be added to the Sallary of John Broadnax for keeping the Capitol.
Legislative Journals of the Council of Colonial Virginia 1715-1753, Volume II, page 630.42.Friday Novr ye 21st 1718.
The Resolve for an Addl Sallary to John Broadnax being read as follows Viz.
Resolved That £10 Pr Ann be added to the Sallary of John Broadnax for keeping the Capitol
Was agreed to with this Addition that ye said Addl Sallary be continued to the keeper of the Capitol for the time being
A Memorial of John Broadnax Read &
Referd to ye House of Burgs
Then the Council Adjourned till to morrow morning 10 Clock.
Tyler, Lyon G.
Williamsburg the old Colonial Capital
Richmond: 1907 - page 25.1718
Among other incidents connecting Spotswood's name with Williamsburg, was the trial in the general court, over which he presided, and the subsequent execution at Williamsburg, of some pirates, associates of the famous Black Beard, otherwise called Captain Teach. This ruffian, who had been a terror to the coasts, was surprised in Pamlico Sound, in North Carolina, in 1718, by some sloops sent out be Spotswood, and in a hand to hand fight, was killed by Captain Henry Maynard, who commanded the expedition. Such of the crew as were captured were taken to Williamsburg, tried, and, after conviction, were hanged on the road leading to Queen Mary's Port (capitol landing). For this reason, this road is still sometimes, called "Gallows Road"…
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 231.43.Friday November the 21st 1718
A message from the Council that they have passed the Bill Entd An Act to encourage the apprehending & destroying of Pirates, as amended And also that they have agreed to the Resolve of this House relating to John Broadnax's Additional Sallary with an Addition
The said Addition was read and agreed to by the House.
Journals of the House of Burgesses of Virginia 1712-1728, Volume V, page 232.Saturday November the 22d 1718
A Memorial of John Broadnax proposing Severall matters concerning Negros committed to the Publick Goal, whose Masters are not known, being referr'd from the Governor & Council was read.
Resolved That the said Memorial be considered on Monday next.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 234.Tuesday November the 25th 1718
A Written message from the Council
Mr Speaker and Gentlemen of the House of Burgesses
Amongst the Claims of Elizabeth City County, The Council observe that your House hath disallowed that of John Dun for conveying William Howard a Pyrate to the Publick Goal which they conceive to be a Service as fitt to be rewarded as the conveying of any other Criminal, And therefore propose that the aforesaid Claim be allowed; and for the same reason they also propose your allowing the Claim of John Jones of the same County, who was impressed for the guard of the said William Howard.
As to the Claim of David Davis for guarding Capt Forbes's man to Williamsburgh The Council think it necessary to acquaint you that those men were taken up on Suspicion of Piracy, and brought before the Governor in order to an Examination; and if those who execute the Order of the Government on such extraordinary occasions are to have no Allowance for their trouble It will be a great discouragement to the Securing of such Criminalls.
The Council cannot concieve the Reason of your disallowing the Claim of John Broadnax of York County for ninety five pounds of tobacco being for the Dyet of the Pyrate in prison, 44. because in their opinion the Law intended that all Criminals committed to the publick Goal should be Subsisted there at the publick charge; And as is cannot be denyed but the bringing of Pyrates to Justice is as necessary for the publick good as any other Criminal whatever. The Council do propose that the Claim be also allowed before they give their Concurrence to the Book of Claims
The House proceeded to the consideration of the said Message and the Same was read
Resolved That this House doth disagree to the Amendments proposed by the Council in the said Message, to the Book of Claims
Ordered That the Committee of Claims do acquaint the council that the House hath disagreed to the said Amendments.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 235.45.Tuesday November the 25th 1718.
Resolved That the Memorial of John Brodnax referr'd to be considered yesterday be referr'd to the consideration of the next Session of Assembly.
…Wednesday November 26th 1718.
A Petition of Henry Hayward, Setting forth Reasons for appointing a Goaler to keep the Country Goal built for Debtors, and praying that one might be appointed, and a Sallary established, or that the Sherif of York for the time being might have an yearly Allowance proportionate to the Expence & hazard of keeping the same, being referr'd from the Governor & Council Was read
Resolved That the said petition be rejected
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 226-227.Thursday November the 27th 1718
A written message from the Governor by Mr Robertson
Mr Speaker and Gentlemen of the House of Burgesses
I have perused the book of Claims sent by yor House for my Concurrence
…
There are in this Book of Claims two things, wherein I cannot concur with you.First I cannot agree that the charge of committing to the publick Goal and Subsisting therein a Pyrate tried & condemned before yor late Act, is not a Country charge; because I cannot perceive the difference between Pyrates & other Criminals, the charges of whose imprisonment are constantly paid by the Publick; it being at least as necessary that such Offenders should be brought to punishment as any others. And therefore I propose that the small Expence which has arisen by the Commitment & Imprisonment of William Howard the Pyrate and the takng up Capt Forbes's men, who were also suspected of Pyracy, and (tho there was then no proof against them) have been since discovered to be real Pyrates may be allowed in the book of Claims. Nevertheless, if you do insist on yor disallowance of those Claims. I shall rather chuse to pay the same myself than to put the Country to a far greater charge in spending time to convince you of the Justice of discharging this Debt: but with this Express Condition that my Assent to any other part of the Book of Claims shall not be taken as a precedent for disallowing the like demands for the future, seeing former Assemblys have thought fitt to defray charges of the like nature.
A. Spotswood
…
The House proceeded to the consideration of the sd Message, And the same was read, andResolved That a Message be prepared to the Governor…
May it please Your Honour
The House of Burgesses having had under their consideration the Written Message sent to them by Yor Honr on this day beg leave to inform Yor Honr that they do adhere to the Book 46. of Claims as the same has passed this House & the Council, and do desire Yor Honrs concurrence thereto as usual
…
A Message from the Governor by Mr. Robertson… I do assent to all the Articles in this Book of Claims Except so far as concerns my concurrence to the disallowance of the Claims for the Commitment of the Pyrate, and accept that Article of Three hundred pounds to the Agent, To which I do dissent for the Reasons mentioned in my message sent this day to the House of Burgesses
A. SpotswoodResolved That the same be Considered tomorrow.
Bowen, Emanuel
Virginia - 1720 - page 652.1720
… Here is also a publick Prison of the County for Criminals, and near it another for Debtors.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 262.47.Thursday November the 10th 1720
An account of Several Sums due to the Estate of John Broadnax deced for Publick Services was wit the Leave of the House presented and received.
Ordered
That the Same be refer'd to the consideration of the Committee of Claimes to Examine the matter and report their Opinions therein to the House--
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 273.Saturday November the 19th 1720
A Proposition of James Shields for making alterations in the Publick Goal was read.
Ordered
That the Same be referd to the consideration of the Committee of Propositions and Grievances to Examine the matter and report their Opinions therein to the House--
Legislative Journals of the Council of Colonial Virginia 1715-1753, Volume II, page 642-643.Saturday November the 19th 1720
AS YESTERDAY
A message from the Burgesses to the Council…
…
A petition of James Shields Keeper of the Publick Goal praying some alterations may be made in the sd Goal for the better accomodation of the prisoners.
Journals of the House of Burgesses of Virginia 1712-1728, Volume V, page 275.Tuesday, November the 22d 1720
A Message from the Council, That they had agreed to meet this House at a free Conference in the Conference Chamber.--
Mr Clayton laid before the House Severall Accounts of the Disbursements in the building the Governours House, the Church
48.Magazine and Prison--
Ordered
That the Said Accounts be referd to Mr. Grymes, Mr Roscow, and Mr Jones to Inspect and Examine the Same…
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 278.Thursday November the 24th 1720.
As also the Memorial of John Broadnax was referd to the consideration of the Assembly--
…
OrderedThat the Said Memorial of John Broadnax be referd to the consideration of the Committee of Propositions and Grievances to bring in a Bill according to the Proposals therein contained if they think the Same necessary--
Journals of the House of Burgesses of Virginia 1712-1728, Volume V, page 278.49.Thursday November the 24th 1720
Upon consideration of the Petition of James Shields praying That the publick Goal for Criminals in Williamsburgh may be made more Comodious and a house built adjoyning to the Same for the Keeper thereof--
Resolved That the Same be rejected.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 285.Wednesday November the 30th 1720
Mr. Clayton reports from the Committee of Propositions and Grievances That they had had under their consideration the memorial of John Broadnax and had agreed upon a Vote which he read in his place afterwards delivered the Same in a the Table where the Same was again read and agreed to with an Amendment and is as follows.--
Resolved
That the matters in the Said Memorial require Remedy and that the Same be provided for in the Bill ordered to be prepared to amend the act concerning Servants and Slaves.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 297.Saturday December the 10th 1720.
Mr Grymes reports That the persons appointed had according to order Inspected and Examined the Accounts of the Governours house and Gardens, the Church Magazine, and prison and that they find due to the Governour on Balance the Sum of four hundred Sixty nine pounds Two Shillings and nine pence half penny.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 311.50.Wednesday December the 21st 1720
A petition of James Shields praying an Allowance for sending into Westmoreland to take the Sheriff of that County into Custody was read
Resolved
That the Same be Rejected.
Calendar of Virginia State Papers & Other Manuscripts 1652-1781, Volume I, page 200.Dec. 23d. 1720
To the Honble the Lieut Gov: & Council &c--
The Petition of Henry Irwin
Humbly Sheweth,
That your Petitioner was at the Charge of supplying the Government with horses, particularly for one Bell and his Son, Evidences against Blackbeards' Crew of Pirates, taken in North Carolina, who were tried here, by a Court of Admiralty, in which Service your Petitioner lost two Horses which cost him twenty pounds current money, and hath received no Satisfaction for the Same.Yor Petitioner therefore humbly Prays &c.
Beverley, Robert51.
History of Virginia
London: 1722 - page 234, 235.Of the buildings in Virginia (1722)
…
Not far from this [Capitol], is also built the public prison of the country for criminals, which is a large and convenient structure, with partitions for the different sexes, and distinct rooms for petty offenders. To this is also annexed a convenient yard to air the criminals in, for the preservation of their life and health, till the time of their trial; and at the end of that, another prison for debtors.
Hening, Statutes at Large 1711-1736, Volume IV, page 114.May 1722
An Act for Making the Public Prisons in Williamsburg more convenient; and for building a House for the Keeper thereof.
I. WHEREAS the public goal of this colony, and the prison for debtors to be committed to, by the general court, are inconvenient, and it is requisite that a house, adjacent to the said prisons, be built for the accommodation of the keeper thereof, and convenient alterations should be made, to render the said prisons more secure and commodious for the prisoners to be committed thereto:
II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General assembly, and it is hereby enacted, by the authority of the same, That as soon as conveniently may be, after the passing this act, one lot or half acre of ground, lying in the city of Williamsburg, as near as may be to the place where the said prisons now stand, be set apart and appropriated for the erecting and building a house for the keeper of the said prisons, and a wall of brick to inclose a yard on the south side of the same: And that such alterations be made in the said prisons, or either of them, as shall be thought fit, by the persons for that purpose hereafter named, or by the survivor of them, to render the said prisons more commodious and secure; And that a sum, not exceeding three hundred and fifty nine pounds, be set apart, and appropriated for and towards the carrying on, compleating, and finishing such works.
III. And be further enacted, by the authority aforesaid, That John Holloway, John Clayton, and Archibald Blair, gentlemen, and the survivor of them, shall and may, and they are hereby impowered to agree with, hire, and employ such and so many workmen and labourers, and to provide, furnish, and buy such materials, as they, or the survivor of the, shall think convenient and proper to be emploied and made use of, in and about such buildings and alterations. And that they, the said John Holloway, John Clayton, and Archibald Blair, gentlemen, or the survivor of them, as often as he or they shall have occasion for money for the uses aforesaid, shall and may apply him or themselves to the honourable the lieutenant-governor, or the governor and commander in chief of this colony, for the time being, and he is hereby impowered and desired to issue his warrant to the treasurer of this colony, to pay so much money as there shall be occasion for, for the purpose aforesaid, (not exceeding the said sum of three hundred and fifty-nine pounds, as 52. aforesaid,) who is hereby required to pay the same accordingly.
IV. And be it further enacted, by the authority aforesaid, That from and after the passing of this act, the places for the receiving and safe-keeping of debtors and criminals in the said prisons, or either of them, be as follow, that is to say: That the two rooms at the east end of the now criminals goal, be appropriated and kept for the receiving and safe-keeping of debtors to be committed by the general court; and that the two rooms at the west end of the said criminals' goal, and the said general court prison for debtors, be appropriated and kept for the receiving and safe-keeping of criminals committed to the public goal of this colony. And that the person who now is, or shall at any time hereafter be appointed keeper of the public goal of this colony, during the time he shall so continue, be, and is also hereby constituted and appointed keeper of the goal for debtors, to be committed by the general court; any thing in any act or acts heretofore made, which relate to the receiving and keeping of prisoners, to the said goals, or either or them, or to the keepers thereof, contained to the contrary thereof, in any wise, notwithstanding.
V. And be it further enacted, That the keeper of the said public prisons, for the time being, be, and he is hereby declared exempted from all musters of the militia, and from serving on any jury, during his continuance in the said office.
Executive Journals of the Council of Colonial Virginia 1721-1739, Volume IV, page 29.53.At a Council held at the Capitol December 12th 1722
Whereas the Governor was this Day pleased to inform the Council, that application had been made to him for admitting to Bail divers of the Negros now in the public Goal, who were committed by the Genl Court for misdemeanors, and desiring the Opinion of the Council therein. This Board upon Consideration of the Crimes for wch the said Negros stand Committed, and the Circumstances of their Case, are of opinion and do advise that the said Negros be not Bailed.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 325.Saturday May the 12th 1722.
A Petition of Charles Waller praying to be paid for a White Servant lately convicted and Executed for felony was presented to the house and read.--
Resolved
That the said Petition be Refer'd to the consideration of the Comtee for Public Claims to Examine the matter thereof and report the Same with their Opinion therein to the House.-- …
… and a Claim of James Shields the Publick Goaler were with the leave of the House received.--
Resolved
That the said Claimes be refer'd to the consideration of the Comtee for Publick Claimes to Examine the Same and report their Opinions thereupon to the House--
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 333.54.Saturday May the 19th 1722
Mr Clayton reports that the persons appointed to Inspect the Public goal and to Compute the Charge of the Additional Buildings and Repairs which they should find necessary for the more Safe and convenient keeping of Prisoners committed thereto had inspected the Same and agreed upon a report which he read in his place and afterwards delivered in at the Table there the same was again read--
Ordered That the said report do ly upon the Table.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 334.55.Tuesday May the 22d 1722
The House proceeded to the consideration of the Report of the Comtee appointed to Inspect the Public Goal and the Same was read and is as follows.
The Comtee appointed to Inspect the Public Goal have in pursuance of the Order of this House viewed the Goal appointed for keeping Criminals and also the Goal called the General Court Prison for Debtors thereto adjoyning And are of Opinion that the Two roomes at the East end of the Criminals Goal, be appropriated for the keeping of Debtors, and the Two roomes at the West end of the Said Criminals Goal and the General Court prison for Debtors be appropriated for the keeping of Criminals.
They have also computed the Charge of making the Alterations of the Said Prisons and do find the Same will amount to One hundred Thirty one Pounds.
And for rendering the Said Prisons more Secure. It is the Opinion of this Committee that a House be built adjacent to the said Prisons for the abode of the Said keeper thereof with a Yard to be inclosed with a Well of Brick so as to Enclose the South side of the said Prisons according to the Plan herewith offered to this House, the Charge of building which House and Wall they compute will amount to £228.
Resolved That a Bill be prepared for the making the alterations in the Public Goal and for the building of a house for the Keeper and Erecting a Wall pursuant to the Said report.
Ordered
That the Committee who made the said Report do prepare and bring in the same.--
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 343.Wednesday May the 30th 1722
A Bill for making the Public Prison in Wmsburgh more convenient and for building a house of the keeper thereof was read the first time and Several Blanks in the Said Bill were filled up--
Resolved That the Bill be read a Second time--
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 345.56.Thursday May the 31th 1722.
A Bill for making the Public prisons more convenient and for Building a House for the Keeper thereof was read the Second time
Resolved That the Bill be ingrossed--
Friday June jmo [1st] 1722.
A Bill intituled an Act for making the Public prisons more convenient and for building a house for the Keeper thereof was read the third time--
Resolved That the Bill do pass
Ordered That the Committee who prepared the Said Bill do carry the same to the Council and desire their Concurrence thereto.
Legislative Journals of the Council of Colonial Virginia 1715-1753, Volume II, page 678.Munday June the 4th 1722
A Bill Entituled An Act for making the publick prisons in Williamsburgh more convenient and for building a House for the keeper thereof
Read the second time and amended
Ordered
That the Bill with the Amendments be read a third time.
Legislative Journals of the Council of Colonial Virginia 1715-1753, Volume II, page 679.57.Tuesday June the 5th 1722.
…
A Message to the Council by Mr. Clayton and others That the House had agreed to the Amendments proposed by the Council to the Bill Entituled An act for making the publick prisons in Williamsburgh more convenient, and for building a House for the Keeper thereof And to the Bill Entituled An Act for the preventing of Swine going at large in the City of Williamsburgh……
a Bill Entituled An Act for making the publick prisons in Williamsburgh more convenient, and for building a House for the Keeper thereof.
Read the third time as amendedResolved
That the Bill with the Amendments do pass.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 350.Tuesday June the 5th 1722.
A Message from the Council that …
And that they have made an Addition to the Bill intituled an Act for making the Publick Prisons in Williamsburgh more convenient and for building a House for the Keeper thereof to which they desire the Concurrence of this House--
And the Said Addition was read a Second time and agreed to by the House--
Resolved That a Message be Sent to the Council to Acquaint them That this house hath agreed to the Addition by them made to the Said Bill and that Mr. Clayton and Mr Blair go up with the message--
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 353.58.Thursday June the 7th 1722.
The Governor commands the Immediate attendance of this house in the Council Chambers wth Such bills as are ready for his Assent--
And accordingly Mr Speaker with the House went up to attend the Governor in the Council Chamber where he was pleased to give his assent to the Several Public and private Bills following-- vizt
…
An Act for making the Public Prisons in Williamsburgh more convenient and for building a house for the Keeper-- thereof.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 385.Saturday June the 8th 1723.
That the House upon a Motion [took] into Consideration the Insolent Behavior of Wm. Hopkins at the bar of the House and his Contempt of the Authority of the House Yesterday.
Ordered
That the said Wm. Hopkins be led thro' the Town in Custody of the Messenger by the Door Keepers of this House Attended by the Constables of the Town, from the Capitol Gate to the College Gate and back again with an Inscription in great Leters pind upon his Breast in the following words ("For Insolent Behavior at the Bar of the House of Burgesses when he was there as an Offender and with obstinacy and Contempt disobeying their Order") And in case he shall refuse to walk that he be Tied to a Cart and Drawn thro the Town, And that he be afterwards committed to the public Goal in Willmsburgh The Keeper whereof is hereby required to receive and there safely to keep him during the pleasure of this House.
Legislative Journals of the Council of Colonial Virginia 1715-1753, Volume II, page 699.59.Friday June 14th 1723.
A Petition of James Shields praying to be paid in money instead 15755 lb Tobacco, were severally read,
Ordered
That the said Petitions be referred to the consideration of the House of Burgesses.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page ii (Preface by Dr.H.L.McIlwaine)Assembly of 1723-26 Second Session.
…
The next act, namely, "An act to repeal the act entituled an act directing the manner of levying executions and for the relief of poor prisoners for debt, and one other act to explain the said act, and to declare the law concerning executions and for relief of poor prisoners for debt", whose lumbering title, in the unpunctuated text, it is difficult to understand, gave the various legal forms to be used in cases of executions for debt and the whole law and procedure in such cases and in cases of imprisonment for debt. This act marked in the main a return of the English laws on the subject, the special Virginia acts having been found to be ineffective or even mischievous…
Jones, Hugh
The Present State of Virginia
London: MDCCXXIV.1724
…The whole [the Capitol] is surrounded with a neat Area, encompassed with a good wall, and near it is a strong sweet Prison for Criminals; and on the other Side of an open Court another for Debtors, when any are removed thither from other Prisons in each County; but such Prisoners are very rare, the Creditors being there generally very merciful, and the Laws so favourable for Debtors, that some esteem them too indulgent.
Executive Journals of the Council of Colonial Virginia 1721-1739, Volume IV, page 69.60.At a Council held at the Capitol May 6th 1724
Whereas Daniel Davis of the County of King Wm Labourr was in Indicted last General Court for the Murther of a Negro, and found to be a Lunatick and still continues under the same insanity of mind, It is the Opinion of this Board, that for preventing his doing farther mischief he be continued in Goal at the publick Charge, and that some Physician be employed for the Cure of his Lunacy.
Bownes, Samuel
An account of the life, travels…in the work of the ministry.
Philadelphia: 1759
(A reprint from London). page 184.1726
Then to Swan's Point, and over James' River to Williamsburg, had heard a small meeting at each of these last Places: …we paid the Governor a Visit, and interceded for his Favour, on the Behalf of some Friends out in Prison,…
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 406.61.Wednesday May 18th 1726
That a bill be prepared to repeal an Act intituled an Act directing the manner of levying Executions and for relief of poor Prisoners for debt and One other Act to Explain the said Act and to declare the Law concerning Executions and for Relief of poor Prisoners for debt
Ordered That the Committee of Propositions and Grievances do prepare and bring in the said bills.
Page 412.
Wednesday May 25th 1726
A Bill to repeal the Act intituled an Act directing the manner of levying Executions and for relief of poor prisoners for debt and one other Act to explain the said Act and to declare the Law concerning executions and for relief of poor prisoners for debt was read the first time and Ordered to be read a Second time.
Page 413.
Thursday May 26th 1726Ditto..Read the Second time
And after a Debate the Question was put
That the bill be committed. It passed in the negative.
And several Amendments were made to the bill at the table.Ordered
That the bill with the amendments be ingrossed.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 415.Saturday May 26th 1726
A Petition of James Shields Keeper of the Public Goal praying that his Claim for keeping the said Goal may be paid to him in money instead of Tobacco was presented to the house and read
Ordered.
That the said petition do lie on the Table and that the same be considered with the book of Claims
…
A Bill intituled an Act to repeal the Act intituled an Act directing the manner of Levying Executions and of relief of Poor Prisoners for debt And the other Act to Explain the said Act and to declare the Law concerning Executions and for relief of poor Prisoners for debt Was read the third timeResolved
That the bill do pass.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 416-419.Thursday June 2d 1726
A Message was brought from the Council that they have made divers amendments to the bill intituled an Act to repeal the act intituled an act directing the manner of Levying Executions and for relief of poor prisoners for debt And one other Act to Explain the Said Act and declare the Law etc. etc. to which they desire the Concurrence of this house.
…
The house proceded to the Consideration of the Amendments made by the Council to the bill intituled an Act to repeal the Act intituled an Act directing the manner of Levying Executions 62. and for relief of poor Prisoners for Debt etc. etc… and the same were Severally readAnd the first Second third fourth and fifth Amendments were agreed to and the Sixth Amendment was Agreed to with several Amendments and the Last Amendment was disagreed to. But the house Agreed to strike out the Clause to which the said Amendment was made.
Journals of the House of Burgesses of Virginia 1712-1726, Volume V, page 421.63.ffryday June 3d 1726
A message was brought from the Council that they have agreed to the Amendments proposed by this house to one of the amendments by them made to the bill intituled an Act to repeal the Act intituled an Act directing the manner of Levying Executions and for relief of Poor prisoners for debt, etc. etc. and that they recede from their amendment to which this house hath disagreed and agree to strike out the Clause to which that Amendment was made.
Page 425.
Tuesday June 7th 1726
The Governor Commands the immediate attendance of this House in the Council Chamber and that you bring with you such bills as are ready for his Assent
And the house went up accordingly and the Governor was pleased to Give his Assent to the several public and private Bills following--
…
An Act to repeal the Act intituled an Act directing the manner of levying Executions and for relief of Poor Prisoners for Debt and one other Act to Explain the said Act and to declare the Law Concerning Executions and for relief of poor prisoners for Debt.
Executive Journals of the Council of Colonial Virginia 1721-1739, Volume IV, page 168.March the 6th 1727
On the humble application of Sarah Williamson an Indian woman now under sentence of death in the publick Goal for murder, the Governor in Council was pleased to admit sundry witnesses to be examined, which she alledged would have been material for her justification on her tryal, but were through her ignorance omitted to be summoned and, and after examination of the said witnesses the Governor having ask'd the advice of the Council thereon, they are thereupon of opinion that the witnesses now produced do not sufficiently make appear her innocency of the fact for which she stands condemned.
Journals of the House of Burgesses of Virginia 1727-1740, Volume VI, Page 41.Tuesday, March 19, 1727.
A Petition of Joseph Sutton was presented to the House & read, praying an Allowance for Carpenters & Joiner's work done about the Capitol & Public Joal.
Order'd That the s'd Petition be refer'd to the consideration of the next Session of Ass'bly.
Legislative Journals of the Council of Colonial Virginia 1715-1753, Volume II, page 743-4-5.65.Thursday March 21st. 1727.
That the Clerk of the Genl Assembly carry the following Message to the House of Burgesses together with the book of Claims
By the Council
Mr. Speaker & Gent of the House of Burgesses
64.We have had under our Consideration the Book of Claims sent up from your House, and observing therein that you have rejected the Claim of the Executrix of James Shields late Keeper of the publick Goal, for the Commitment & maintenance of Griffith Bowen we think it necessary to acquaint you, that the said Bowen, being at that time under great insanity of mind, was by two of his Majesty's Council, committed to the publick Goal for preventing the mischiefs he might otherwise have done, and which every body apprehended he would commit under that disorder. And tho' the Charge that hath accrued on this occasion is not strictly provided for by law, yet we doubt not, you will be of opinion it is fit to be defrayed at the publick Charge, since the publick safety required his being thus secured until he recovered his senses: And therefore we propose the adding that expence to the Book of Claims
The Claim of Benjamin Desborow for bedding furnished to the prisoners in the publick Goal being also rejected by your House we cannot but be of opinion you will still be induced to make him an allowance for the same, when you consider how necessary such bedding and clothing were during the uncommon severity of this winter, and how great an inhumanity it would have been to suffer prisoners, who had nothing of their own to preserve them from the cold, to perish for want of that supply, and as we cannot but recommend this expence to your further Consideration, so we must also insist upon the said Desborow's being allowed the fees established by the General Court for the Commitment and Releasment of Prisoners, which is 16s. for every such Commitment and Releasement, and which we perceive, by his allowance in the Book of Claims, you have reduced to one-half.
We send you herewith the petitions of the Clerk and Serjeant of the City of Williamsburg praying an allowance for their services in the Commitment, examination and Conveying to the publick Goal of sundry Criminals apprehended in Town to the publick Goal of sundry Criminals apprehended in Town in order to their tryal; and since the speedy prosecution of such notorious offenders is of publick service, and that the Inhabitants of the said City, who pay all publick and County Taxes to the respective Counties in which they inhabit, are not chargeable by Law for the expence arising on such prosecutions we hope your House will think it reasonable to defray the same at the publick Charge, until it shall be thought fit to exempt the said Inhabitants by law from contributing to the charge of the Counties in which they are scituated, and thereby enable them the better to support such incident Charges.
We also herewith send you the petition and accot. of Joseph Sutton for work done about the Secretary's Office & publick Goal; and seeing the like services have hitherto been defrayed at the publick Charge, we recommend to you the examining that account and adding it to the Book of Claims.
Calendar of Virginia State Papers & Other Manuscripts 1652-1781, Volume I, page 211.66.August 21st 1727
May it please Your Honr,
*The Dolefull and most miserable state that I now am under makes me with a heavy heart write to your Honr in this lamentable case which must overwhelm my poor parents and friends with greif, when they shall hear of my being brought to so an untimely end. The many misfortunes which happened to me and tenderness of youth in being overtaken by the temptations of the world together with the late loss I sustained by the master of my vessel, who run away with her from Pottomack in Maryland, with her load of Tobacco put me quite out of ever seeing my Dear parents, which threw me in Dispair and melancholly--this is well known by Severall Gentlemen in Maryland, likewise by Mr Fitzwilliams Surveyor Generall-- this finishing stroke of my misfortunes almost bereaved me of my sense, which God forgive me for it, but I never intended to go a pirating, which was declared by Edward Coleman at his Dying minute-- Yor honr was so good to me, as to give me longer time of Repentance than the Rest, which God bless you and yours for; but however Dear Sr with a weeping heart, I crave, to give me such a time longer of Repentance as your honr in your Discretion shall judge proper--this will be a grate benefit to my poor soul which must answer before the great tribunal of heaven, for all my Sins Done in the Body--What a comfortable thing it is for a Dying man to have a little time to make his peace with God--in hopes whereof that the Almighty God may Reward you and yours at the last Day shall be the prayers of a poor miserable and unhappy wretch--
John Vidal.
Executive Journals of the Council of Colonial Virginia 1721-1739, Volume IV, page 149.At a Council held the 12th day of September 1727
The Lieutenant Governor being informed that John Vidal a prisoner in the public Goal in Williamsburgh has been lately convicted and attainted of Piracy, & is to be executed on the 6th day of October, was pleased to ask the advice of the Council, whether in their opinion the said Vidal be a fit object of the King's mercy; upon debating whereof, it is the opinion of the Council that in respect of his Majesty's Succession to the Throne, and the arrival of the Governor, it is very fit to begin his adminrn with an act of mercy, and therefore they do advise his Honour to grant unto the said John Vidal his Majesty's most gracious pardon.
Executive Journals of the Council of Colonial Virginia 1721-1739, Volume IV, page 150-1.At a Council held October the 27 1727
Whereas John Vidal lately convicted of Piracy, and by the Governor pardoned for the said offence, is still detained in the public Goal, and there like to continue, as well for the prison fees as the fees due to other Officers; It is Ordered that the said fees be paid out of his Majesties Revenues of 2s per hogshead &c; and that the said Vidal be forthwith discharged out of Prison.
Journals of the House of Burgesses of Virginia 1727-1740, Volume VI, page 46.Monday, March 25, 1728.
Mr Bolling reported That the persons appointed had, according to order, exam'd the Claim of Joseph Sutton for work done in the Secretary's Office & public Goal, & were of opinion that he ought to be allowed nine pounds for the same.
67.Order'd That the sum of nine pounds be paid to Joseph Sutton, and that it be added to the Book of Claims
Executive Journals of the Council of Colonial Virginia 1721-1739, Volume IV- page 243-244.May the 6th 1731
Whereas Mary Aggie a Christian Slave belonging to Anne Sullivan of the City of Williamsburgh Widow was at a Court of Oyer & Terminer held in York county convicted of Felony for which if she was a Free woman She ought to have the Benefit of the Statute made in the 2d & 4th of King William & queen Mary It is Ordered that a pardon be prepar'd for her upon condition that she be transported out of this Colony to Some other of his Majesties plantations there to be sold as a Slave.
John Carter Keeper of the publick Goal by his petition representing that by means of the many Criminals committed to the sd Goal he has been at a Considerable charge and is like to be at a far greater before the next Meeting of the Assembly & praying that a Sum of Money may be advanced him out of his Majesties Revenue on the Condition of what is already become due to him from the Publick to enable him to defray that Charge It is accordingly Ordered that the Sum of fifty pounds Currt money be advanced to the said Carter he giving the Receiver General an Assignmt for so much out of what is due to him from the Assembly for repaymt of the same And it is further Ordered that his Salary be paid him half Yearly the better to enable him to Support the Charges of the said Office.
Chitwood, Oliver Perry
Justice in Colonial Virginia
Baltimore: 1905, page 68.During the colonial period, the severity of the laws was mitigated by the custom of allowing the benefit of clergy to criminals. According to the ancient practice in England, those 68. who were entitled to this privilege could claim it in all cases of petit treason and in most cases of capital felonies…
… In 1732, the Virginia assembly, following this precedent, extended the benefit of clergy to negroes, Indians, and mulattoes, and ordered that the reading test should thereafter never be required of anyone who should claim this privilege.
… Clergy was allowed to a criminal only once during his lifetime. When the court granted the benefit of clergy to an offender, it substantiated burning in the hand for the death penalty. According to Starke, the old English custom required that the letter "M" be branded in the hand of murderers and "T" in that of other felons… But in the eighteenth century branding seems to have been regarded as a mere act of form in Virginia, for it could be done with a cold iron. When a person was admitted to clergy, he forfeited all his goods, but when he was burnt in the hand, he was reinstated in the possession of his lands. By the act of branding, his credit was also restored, and his disability as a witness was removed. Indians, negroes, and mulattoes, who were given the benefit of clergy, besides being burnt in the hand, could be punished by whipping.
Executive Journals of the Council of Colonial Virginia 1721-1739, Volume IV, page 322.69.May 4th 1734.
Eliza Major the Wife of William Major now a Prisoner in the public Goal, and reprieved until His Majestys Pleasure be signified having by her Petition represented the ill State of Her said Husband's Health occasioned by his long Confinement, and that his Life is in Eminent Danger unless he can be removed to a better Air, which Allegations being confirmed by the Report of Physicians it is the Opinion of this Board and accordingly Ordered That the said William Major be enlarged out of Prison for the Recovery of His Health upon his entring into Bond with good & Sufficient Security to render his Body to the sd Goal whenever the same shall be required.
Executive Journals of the Council of Colonial Virginia 1721-1739, Volume IV, page 365.November the 4th. 1735
On the humble petition of John Carter Keeper of the Public Goal, It is ordered that his Majesties Receiver General do advance him thirty Pounds Current money taking his obligation to pay the same out of the next Money or Tobacco which he shall receive from the General Assembly.
Hening, Statutes at Large 1711-1736, Volume IV, page 489.August, 1736.
An Act for the greater ease and encouragement of Sherifs.
…
V. Provided always, That if any prisoner escaping, and being retaken, as aforesaid, shall thereafter be charged with treason, felony, or other crime or cause, in behalf of his majesty, his heirs and successors, for which he or she ought to be tried in the general court of this dominion; and shall be thereupon removed to the public goal in Williamsburg; every such person shall be charged in the said public goal, with all the causes wherewith he or she was charged in the goal from whence he or she was so removed; and shall be discharged in like manner as is herein before directed.VI. And that where any person shall hereafter be committed, in any civil action, to a county goal, for any cause or thing cognizable in the general court, it shall and may be lawfull for such person to sue out a habeas corpus, cum causa, to remove his or her body to the public goal at Williamsburg, and the cause of such commitment into the general court; and the clerk of the secretary's office is hereby authorised and required, upon the application of any such prisoner, to issue the said writ accordingly.
VII. And be it further enacted, That it shall and may be lawful, to and for any officer and officers, or any other person or persons, by virtue of any of the warrants aforesaid, to take, arrest, and apprehend any prisoner or prisoners so escaping, upon the Lord's day, commonly called Sunday; any law, 70. statute, or usage, to the contrary, notwithstanding.
VIII. Provided nevertheless, That it shall and may be lawful for any person imprisoned for debt or damages, to discharge him or herself, by delivering a schedule of his or her whole estate, and taking the oath mentioned in one act of assembly, made in the twelfth year of the reign of our late sovereign lord George the first, intituled, An Act to repeal the Act, intituled, An Act, directing the manner of levying executions, and for relief of poor Prisoners for debt; and one other act, to explain the said Act, and to declare the Law concerning executions, and for relief of poor Prisoners for debt, in such manner, as in and by the said act is directed and prescribed.
IX. And forasmuch, as by the said last mentioned act, It is enacted, That where any person being taken or charged in execution, shall not be able to satisfy his or her prison fees, such fees as should accrue for the first twenty days imprisonment, should demand and recover of the party, at whose suit such insolvent persons should be imprisoned, all such fees as should become due after the expiration of the said twenty days, until the creditor should agree to release such prisoner; but notwithstanding, divers insolvent persons have been detained in prison, contrary to the design of the said act, until large sums have become due for the fees, and the creditors have refused to pay the same, or to release such prisoner: For prevention whereof for the future.
X. Be it further enacted; That where any insolvent person shall hereafter be committed for any sum whatsoever, and the creditor, upon notice given thereof shall either fail to give security to the sheriff or goaler, for the paiment of the prison fees; or shall fail to pay the same, when demanded in tobacco, or money, at the rate of ten shillings per hundred, it shall and may be lawful for the sheriff or goaler to discharge such debtor out of prison.
XI. And whereas, felons, and other criminals, committed to the county prisons, in order to their examination, and removal to the publick goal at Williamsburg, and slaves committed for capital offences, being conscious of their own guilt, are most likely forcibly to break prison, and make their escapes: For preventing thereof, Be it enacted, by the authority aforesaid, That where any person or persons accused of treason, felony, or any other capital crime, shall be committed to any county goal prison, and the sheriff shall have just cause to suspect such person or persons will attempt to make their escape; such sheriff is hereby impowered and required, to impress a sufficient guard for securing such prisoner or prisoners, so long as he, she, or they continue in the said county goal, at the charge of, and to 71. be levied on, the said county, and to be repaid by the public, in the same manner as is provided for the charges of summoning and holding the courts for the examination of criminals.
Virginia Gazette
William Paris, Ed.Oct. 15, 1736.
Williamsburg: Ran away … from the Subscriber, a Servant Man, named Robert Croson, … He had on when he went away, (with a Servant of Mr. Geddy's,) a pair of brown breeches with green Puffs, a pair of brown yarn Stockings, a blue and white stript Westecoat, and a white Shirt. …
William Wyatt
Virginia Gazette
William Parks, Ed.November 5, 1736.
Last Wednesday the Criminals, who were try'd at this General Court, were brought to Bar, to receive their Sentence; when James Matthews and Elizabeth Greeneley both Convicts, received Sentence of Death; the Former for Horse stealing and the Latter for the Murdering of her Fellow Servant; and Six were burnt in the Hand, viz. John Freelove, William Sharp, John Strickland, James Tool, John Dunabee and Elizabeth Blair, for Felony. Simon Malpas, convicted of Felony received his Pardon in the Court, this being his first Offence and his Character favorably represented.
Virginia Gazette72.
William Parks, Ed.November 26, 1736.
This day James Matthew and Elizabeth Greenley, who receiv'd Sentence of Death, at the last General Court, (as mentioned in the Gazette no. 14), were executed, at the usual Place near the City .
Virginia Gazette
William Parks, Ed.April 8, 1737.
Any Journey-men Taylors that want Emploiment, May meet with Encouragement from the said William Wyatt; or if any one has a Servants' Time of that Business to dispose of, he will buy it on reasonable terms.
Ran away about the latter End of last summer, from the Subscriber living in Williamsburg, a Servant Man, named Robert Croson, a Taylor, born in Virginia, aged about 26, a middle Stature, pale Complexion, a sharp Nose, and a down Look. Whoever apprehends the said Servant, and brings him to me, or secures him, so that he may be had again, shall have a Pistole Reward, besides what the Law allows: And if any Person presumes to entertain him after this Publication, be it at his Peril. He work'd about a Month ago, at Mr. Rowland Williams at Ronoak.
William Wyatt.
Executive Journals of the Council of Colonial Virginia 1721-1739, Volume IV, page 394.At a Council held May the 3d. 1737.
On the petition of John Carter Keeper of the Publick Goal, It is Ordered that the Sum of Thirty five pounds Currt Money be advanced him by the Receiver General on the Credit of what is due to him from the General Assembly.
Virginia Gazette73.
William Parks, Ed.May 27, 1737.
This Day the Three men who receiv'd Sentence of Death at the last General Court, for breaking open the House of the Rev. Mr. Mortland and robbing him of several of his Cloaths, were executed at the usual Place near this City .
Executive Journals of the Council of Colonial Virginia 1721-1739, Volume IV, page 398.At a Council held the 16th day of June 1737.
Whereas the Reverend William Dawson Clerk hath for Several Years past Attended the Criminals Condemned at the General Court and Courts of Oyer and Terminer and hath for that time constantly preached before the said Courts of Oyer and Terminer without any other Allowance then that Established for his preaching, And whereas it is found that the Number of Criminals doth greatly Increase so that it seems Reasonable to Encrease the Salary proportionable to the Trouble, It is the opinion of this Board and Accordingly Ordered for the Several Years in which Mr. Dawson hath heretofore, Attended the condemned Criminals his Allowance be made Equal to Twenty five pounds Currt Money and that hereafter the like Salary of Twenty five pounds be paid him Yearly for preaching at the Courts of Oyer and Terminer and Attending Criminals condemned at the said Courts and the General Court and that the Receiver General place the same among the Contingent Charges of the Government.
Virginia Gazette74.
William Parks, Ed.June 24, 1737.
Stol'n or Stray'd away, from Mr. Mundel's Pasture, at Williamsburg, on Monday the 20th of June, in the night, Two Dapple Grey horses, of New York Breed… Whoever brings them to Mr. William Robertson, in Williamsburg, shall have ten Shillings Reward, and no questions ask'd.
Virginia Gazette
William Parks, Ed.July 8, 1737.
…William Dubberley, Hatter, Has lately set up the Trade of Hat-making, in Williamsburg, by whom Gentlemen, and others may be supply'd at very reasonable Rates with the following Sorts of hats, Viz; Men's Beavers, of any Fashion or size; Women's Beavers, White, Black, or Shagg'd, or otherwise; and Castors of the best and neatest sort. He also buys Beaver Furr, Raccoon, Fox, Muskrat, and hare Skins -- He also dresses old Hats, very well, and dyes Silks, Wool, and Wollens, at reasonable Rates… At Mr. John Mundell's in Williamsburg.
Virginia Gazette
William Parks, Ed.Oct. 6, 1738.
N.B. Gentlemen may have private Lodgings, and be well accomodated, at the House of the said Wyatt [William] in Williamsburg, during the Time of the General Court, and Assembly.
Journals of the House of Burgesses of Virginia 1727-1740, Volume VI, page 341.75.Wednesday, November 15, 1738.
Resolved, That an Allowance of Thirty Pounds Current Money, be made to Peter Hay, for a Negro Man Slave, belonging to the Estate of William Johnson, deceased; who being committed for Felony, and thereof acquitted, by along Confinement in Prison, became so exceedingly Frost-bitten, that a Mortification ensued, whereof he died.
Journals of the House of Burgesses of Virginia 1727-1740, Volume VI, page 356.Wednesday, November 29, 1738.
A Petition of John Steele, was presented to the House and read; setting forth, That the Treasurer has only paid him Part of his Account, for enlarging the chamber of the Burgesses, and making the same more commodious, and for repairing the Public Goal; and refuses to pay the Residue:
Journals of the House of Burgesses of Virginia 1727-1740, volume VI, page 408.Friday, May 20, 1740.
A Petition of John Carter, Keeper of the Public Goal, was presented to the House, and read; praying, that the Garden of the Prison may either be coarsely paled in, or that the sum of Five Pounds or thereabouts, be allowed, to purchase Logs to fence in the said Garden.
Journals of the House of Burgesses of Virginia 1727-1740, Volume VI, page 425.76.Wednesday, June 11, 1740.
Resolved, That the Petition of John Carter, Keeper of the Publick Goal to be allowed for fencing or paling in the Garden at that Place, be Rejected.
York County, Virginia
1729-1740, Volume IV, page 610.September 11, 1740.
Mundell, John - Goaler
Williamsburg
to
Coke, John - Goldsmith
Williamsburg.Consideration: 105 pounds.
All those three lots or half acres of land lying and being in the city of Williamsburg and numbered 361, 281, and 282, which said lots the said John Mundell purchased of William Broadnax, and all houses.
Oldmixon, John77.
British Empire in America
London: Second edition 1741.-1741-
What follows is taken from the accounts of H. B. Gent. and Hugh Jones, A. M. fellows of the College here. There are three publick buildings here which are said to be the most magnificent in America, the College, the Capitol and State House as it was formerly Called. Not far from this is also built the Publick Prison of the county for criminals, which is a large and convenient structure, with partitions for the different sexes, and distinct rooms for petty offenders; at the end of that another prison for debtors. … These are all erected at Middle Plantation, now called Williamsburg, they are all built of brick and covered with shingles, except the Debter's Prison, which is flat roofed, a new and very useful invention of Governor Spotswood; but Mr. R. B. Gent was very ignorant if he thought flat roofs a new invention.
York County, Virginia
1740-1746, Book 19, Wills and Inventories, page 91-92.
John Carter Jaoler, Inventory [1741] The outhouses of the prison lot purchased and built by John Carter 16/ 0/ 0 List of slaves 50/ 0/ 0 6 leather chairs, 6 black chairs with stuff'd backs 2/17/ 0 1 square walnut table, 1 oval walnut table 1/ 1/ 0 1 small tea board, 3 china coffee cups, 1 china milk pot 0/ 7/ 6 1 china tea to, 1 sugar dish, 3 tea cups, 1 earthern mug, 1 pewter Tea pot) 1 doz. hard metal pewter plates 0/15/ 0 1 copper tea kettle, 1 copper coffee pot, 2 small skillets, 2 pepper boxes 0/ 7/ 6 3 pewter dishes, 8 plates, 9 spoons, 4 candle moulds, 1 qt. tankard 0/15/ 0 50 lbs. olde pewter 1/ 6/ 0 1 copper pudding pan, 1 tin funnel, 1 doz. patty pans 0/ 5/ 0 1 seal box with two pair money scales, some money, 1 brass cocke 0/12/ 6 4 earthern mugs, 1 white bason, a small parcel old earthern ware 0/ 5/ 0 1 walking cane, 1 cracked china punch bowl 0/ 7/ 6 1 copper sauce pan, 1 pr. stilliards 0/10/ 0 1 pestle, 1 mortar, 2 1/2 bushels, 1 coffee roaster, 1 bag and parcel old lumber 0/10/ 0 2 stew pans, 1 dripping pan, 1 grid iron, 1 chafing dish 1/ 5/ 0 2 old brass kettles, 1 soap basket, 1 jug, 6 sifters 0/10/ 0 6 silver table spoons, 3 teaspoons 3/16/ 0 1 silver watch and steel seal 4/ 0/ 0 1 desk and book case of black walnut and some old books 7/ 0/ 0 1 feather bed, bolster and bedstead, 2 sheets, 2 blankets, 1 rug 1 pillow vallens and curtains 5/ 0/ 0 1 feather bed, bolster and bedstead, 2 sheets, 2 blankets, 1 rug 1/10/ 0 1 old oval table, 1 square table, 1 chest, 1 writing desk 0/12/ 0 1 warming pan, 1 shovel and tongs, 1 pr, bellows, 1 pr. hand irons, 1 trivet 0/15/ 0 1 easy chair, 1 two armed chair, 3 old leather chairs 1/ 0/ 0 1 close stool and pan, 1 brass candle stick, 1 iron candlestick 0/ 5/ 0 1 coffee mill, 1 box iron, 2 heaters, 1 small looking glass 0/ 7 /6 1 large looking glass, 1 black walnut corner cupboard 1/16/ 0 1 desk, 1 cupboard, 1 copper kettle 5/10/ 0 1 old bedstead, 1 tub, 1 small table, 1 dresser, tub and some lumber 0/12/ 6 78. 1 pr. small iron dogs, 1 pot rack and an old ax 0/ 2/ 6 1 table, 1 chopping block, 1 powdering tub, 1 hair sifter 0/ 8/ 0 1 steel mill 1/ 6/ 0 1 iron pestle, 1 hominy mortar, 2 buckets, 1 tub, 1 old pewter pot 0/ 7/ 6 3 iron pots, 2 pot hooks, 1 pot rack 1/10/ 0 1 black walnut oval table, 1 feather bed, bolster and rug 1/ 6/ 0 1 feather bed, 1 pillow, 2 old rugs, 1 dutch oven, 1 cross cut saw 2/ 1/ 0 1 wire wheat riddle, 1 saddle and bridle 0/19/ 6 6 doz. bottles 1 old copper pot 0/13/ 3 2 bed trussels, 2 jugs, some carpenter tools, parcel old lumber 2/ 7/6 2 chisels, hand saw, 9 sheets 4/ 2/ 0 12 damask napkins, 1 table cloth, 2 table cloths, 16 towels 2/ 5/ 0 7 cannisters, 8 butterpots, an earthern churn 0/12/ 6 2 parcel of old fence rails 0/ 6/ 0 List of cows 132/ 9/ 9
Journals of the House of Burgesses of Virginia 1742-49, Volume VII, page 35.79.Tuesday, May 25, 1742.
Also a Petition of John Mundell, Keeper of the Public Goal; setting forth, That John Carter, deceased, late Keeper of the Public Goal, built several Houses on the Prison Lots, at his own Expence; and that his Widow insists to be paid for the said Houses by the Petitioner: And also, that the Garden belonging to the Prison, is intirely decayed: And praying, That this House will make such an Allowance as to enable him to make Satisfaction for the said Houses, and inclose the said Garden; were severally presented to the House, and read.
Ordered That the said Petitioner be referred to the Consideration of the Committee of Claims: And that they do examine the Matter thereof; and sport the same, with their Opinion thereupon, to the House.
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 55.Tuesday, June 8, 1742
And to the Resolution of the Committee, on Consideration of the Petition of John Mundell, Keeper of the Public Goal, to be allowed for several Houses standing on the Prison Lots, claimed by the Widow of John Carter, late Goaler; and for the Charge of inclosing the Garden belonging to the said Prison; that the said Petition be Rejected.
…
The House disagreedResolved, That the Sum of 18 l. be allowed to the Widow of John Carter, deceased, for the Expence he was at, in building the said Houses; And that the Garden of the Prison be paled in, and paid for, out of the Public Money.
York County, Virginia80.
1741-1754, Deeds V, page 43.November 15, 1742.
Newton, George - Gent. of Norfolk
to
Mundell, John - GoalerConsideration: 6 Pounds.
All that lot of land lying and being in the City of Williamsburg near the Capitol, in the County of York, described in the plot of the said city by the figures 280, together with all appurtenances thereunto belonging and all papers, deeds and minuments belonging to the same.
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 104.Monday, September 24, 1744.
Also a Petition of John Mundell, Keeper of the Public Goal, setting forth, That the Fees allowed by Law are very low, and the Price of Tobacco being very much fallen, he is unable to support himself and maintain the Prisoners, out of the Profits of his Office; and praying the Consideration of the House therein were severally presented to the House, and read.
Ordered, That the Consideration of the said Petition be referred to the Committee of Claims: And that they do examine the Matter thereof; and report the same, with their Opinion thereupon, to the House.
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 121.Friday, October 5, 1744.
On Consideration of the Petition of John Mundell, Keeper of the Public Goal,
Resolved, That his Salary is not sufficient; and that he ought to have the further Allowance of Thirty Pounds, for his Care of the said Goal, from the last Session of Assembly to this Time.
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 161.Tuesday, February 25, 1745.
A Petition of John Coke, Administrator of John Mundell, deceased, setting forth, That the last Assembly did, in Consideration of the said Mundell's Fees, as Public Goaler, being very low, make an Addition to his Salary; and praying such further Allowance as this House shall think fit:
81.Also a Petition of William Wyatt, Keeper of the Public Goal, to the same Purpose; were presented to the House, and read.
Ordered, That the Consideration of the said Petitions, be referred to the Committee of Claims;…
A Memorial of William Waller, and Francis Thornton, Members of this House, setting forth, That John Mundell has received the Prison Fees, and also the Fees for taking up a Negroe, who was removed from the Goal of Spotsylvania County, to the Public Goal; and has never paid the same either to the Taker-up, or the County Goaler; and praying that this House will deduct the said Fees out of the Tobacco to be levied for the said Mundell.
Ordered, That the said Memorial be referred to the Committee of Claims;…
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 169.82.Tuesday, March 4, 1745.
A Petition of Thomas Dudley, setting forth, That he took up a Negroe belonging to Margaret Moore, of Maryland, who was committed to Middlesex Goal and from thence removed to the Country Goal: That John Mundell, late Goaler, sold the said Negroe, and never paid him the Allowance for taking him up; and praying the same may be deducted out of the Tobacco now to be levied for the said Mundell:
…
Ordered, That the Consideration of the said Petitions, be referred to the Committee of Claims;…
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 174.83.Thursday, March 6, 1745.
On Consideration of the Petition of Thomas Dudley, setting forth, That John Mundell, late Keeper of the Publick Goal, has received the fee for taking up a Runaway Negroe, who was removed from the Goal of Middlesex County, to the Publick Goal, and has never paid the same to the Taker-up; and praying the said Fee to be allowed out of the Tobacco to be levied for the said Mundell;
Resolved, That the Allegations of the said Petition are true; and that he ought to be paid out of the Tobacco to be levied for the Administrator of the said Mundell for his Fees now due.
On Consideration of the Petition of John Coke, Administrator, &c. of John Mundell, late keeper of the Publick Goal, setting forth, that in Consideration the Fees allowed by Law to the said John Mundell, as keeper of the Publick Goal, were very small, and the Price of Tobacco much reduced, this House did allow him an additional Salary of Thirty Pounds; and praying, That as Administrator of the said Mundell, he may be allowed such additional Salary, from the last Session of Assembly, until the said Mundell's Death;
Resolved, That the Allegations of the said Petition are true; and that he ought to be allowed Twelve Pounds Ten Shillings, Current Money.
On Consideration of the Petition of William Wyatt, setting forth, That this House did allow an additional salary to John Mundell, late Keeper of the Publick Goal, in Consideration of the Lowness of his Fees, and for the better keeping his Prisoners; and praying that he may be allowed the same, he being Keeper of the said Goal;
Resolved, That he ought to have the further Allowance of Ten Pounds Current Money, for his Care of the said Goal, from the Time he became Keeper thereof until now.
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 175.Thursday, March 6, 1745.
On Consideration of the Memorial of William Waller, and Francis Thornton, Gentlemen, setting forth, That John Mundell, late Keeper of the Publick Goal, has received the Prison Fees, and also the Fees for taking up a Negroe who was removed from the Goal of Spotsylvania County to the Publick Goal; which Fees amount to 447 Pounds of Nett Tobacco; and has never paid the same either to the Taker-up, or to the County Goaler; and praying that the said Fees be paid out of the Tobacco to be levied for the said Mundell;
Resolved, That the Memorial is true; and that the aforesaid Fees ought to be paid out of the Tobacco to be levied to the Administrator of the said John Mundell, for his Fees now due.
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 187.84.Friday, March 14, 1745.
A Petition of John Blair, Esq; was presented to the House, and read; setting forth That in 1740, John Mundell, deceased, assigned an Account to him of Four Pounds Six Shillings and Three Pence, due for Maintenance of the Indians, which being mislaid, was not presented to either of the Two last Assemblies; and praying the Consideration of the House therein.
…
Resolved, That the said Petition be rejected.
York County, Virginia
1741-1754, Deeds, Book V, page 254.August 11, 1748.
Blair, John - Hon. exor. John Mundell
Cocke, Joseph - Joiner
Anne, his wife
to
Anderson, Andrew, BarberConsideration: 60 Pounds, to John Blair & 5 Shillings to Joseph Cocke
All those two lots or half acres of land lying and being on the north side of Nicholson Street adjoining to the East on the lots of John Coke and on the West to the lots whereon the public Goal is erected and to the north by the extreme bounds of the said city, and denoted in the plan of the said city by the numbers 279, 280, lately belonging to John Mundell, dec'd.
And all houses, outhouses.
Hening, Statutes at Large 1748-1755, Volume VI page 135.October 1748
An Act concerning the public Prisons, and directing the method of appointing the Keeper thereof.
I. BE it enacted by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the two rooms at the east end of the now public goal be appropriated and kept for the receiving and safe keeping of debtors committed, or to be committed, by the general court; of which prison the judges of the said court or the major part of them, are hereby impowered to lay out and appoint rules: And that the west end of the said building be appointed and kept, for the receiving and safe keeping of criminals committed to the public goal.
II. And be it further enacted, by the authority aforesaid, 85. That the governor or commander in chief of this dominion, for the time being, shall be, and is hereby authorised and impowered to nominate and appoint, from time to time, some fit and able person, to be keeper of the said public prisons; but the person so appointed shall, within one month after his appointment, and in some court of record, enter into bond, with sufficient security to the king, his heirs and successors, in the sum of five hundred pounds current money, for the due execution of his office: Which bond shall be returned to the then next succeeding general court: And if the securities shall by the said court, be judged insufficient and other good security be not then tendered and given, another person giving bond and security as aforesaid, shall be appointed in his room: And is any person shall presume to execute the said office, without giving such bond and security, he shall forfeit and pay twenty pounds current money, for every month he shall execute the same; one moiety of which forfeiture shall be to the king, his heirs and successors, for the better support of this government, and the contingent charges thereof; the other moiety to the informer: To be recovered with costs, by action of debt, or information, in any court of record of this dominion. And that the person who shall be keeper at the time of passing this act, shall within one month, give the like bond and security; and on failure thereof shall be incapable to hold the said office, and liable to the penalty aforesaid, for presuming to execute the same: To be recovered and divided in manner aforesaid. And that every keeper of the said public prisons, shall constantly attend and execute the commands of the general court, from time to time, and receive and take into his custody all, and every person and persons, by the said court to him committed, on mesne process, or in execution, in any civil cause or action, or for any contempt of the court; and such person and persons shall keep, in his safe custody, until he, she, or they, be thence lawfully discharged; and many demand and receive of such prisoner and prisoners the fees and allowances settled, or to be settled, by law, from time to time; but where any such prisoner and prisoners the fees and allowances settled, or to be settled, by law, from time to time; but where any such prisoner shall be so poor, as not to be able to maintain and subsist him or herself in prison, there shall be allowed six pence per day, of such poor prisoner; and no fee or security whatsoever shall be taken or demanded of him, or her; neither shall it be lawful for the said keeper, or any other person to detain or keep such poor prisoner in custody, for his or her prison fees: And that all criminals and other prisoners, by legal warrant committed to the public goal, shall be received by the said keeper thereof, and in his custody safely kept, until he, she, or they be thence discharged, by due course of law. And that the keeper of the said public prisons, for the time being, shall during his continuance in office, be exempt and free from all musters of the militia, and from serving on any jury; and for his attendance, and keeping the public prisons and prisoners, shall have such allowance as by the general Assembly shall be thought 86. reasonable.
III. And be it further enacted, by the authority aforesaid, That so much of one act made in the tenth year of queen Anne, for building a prison for debtors, to be committed by the general court; and one other act made in the eighth year of King George the first, for making the public prisons in Williamsburg more convenient; and for building a house for the keeper thereof, as is contrary to this act; and all and every other act and acts, clause and clauses, heretofore made for and concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.
Public Record Office, London
CO5 - # 1327 - 75.April 1748 to the 25th of October 1748.
The Receiver General doth DISCHARGE himself by the payment of the following Sums:…
To a Warrant for the Expence of Maintaining & sending home sundry Prisoners of War 1048: 6: 3
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 301.87.Wednesday, November 23, 1748.
Ordered, That Mr Benjamin Waller do carry the Bill to the Council, and acquaint them…
Also a Bill, Concerning the Public Prisons, and directing the Method of appointing the Keeper thereof.
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 304.Friday, November 25, 1748.
Mr Attorney presented to the House, an Account of William Wyat, Keeper of the Public Goal, of extraordinary Expences for sick Prisoners, and other Services; and the same was received, and read.
Ordered, That the said Account be referred to the Consideration of the Committee of Claims; …
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 309.Wednesday November 30, 1748.
On Consideration of the Account of William Wyatt, Keeper of the Public Goal;
Resolved, That the said William Wyatt ought to be allowed the Sum of Seven Pounds Five Shillings, for his extraordinary Expences for sick Prisoners, in the said Account mentioned; and that the Services and the Articles in the said Account for guarding the Prison, and putting John Flannagan on board the Man of War, ought to be rejected, being no Public Charge.
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 310.Wednesday, November 30, 1748.
A Petition of William Wyatt, Keeper of the Public Goal, was presented to the House, and read, setting forth, That the Fees Established by Law for keeping of the Publick Goal, are very small; and the Times that such Fees become due and payable, are uncertain: That for some Years past Corn and Provision of all Kinds have been very dear, occasion'd by the great Droughts: That the dearness of Wood, added to other 88. extraordinary Expences, makes it extremely difficult for the Petitioner to support himself and Family: That he is obliged, for Want of the Tobacco due to him, which is not paid him oftener than once in Two Years, to purchase his provisions and Wood upon Credit, at a certain Interest; and that he is very often sued on his contracts, and thereby put to great Expences: That after the Capitol was burnt, the Papers and Records were put under his Care: That the Room they took up in his House obliged him for some Time, to board out two of his children: And praying, That this House will take his Case into their Consideration, and give him such Relief as they shall think fit.
Ordered, That the said Petition do lie on the Table.
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 313.Friday, December 2, 1748.
The House proceeded to the Consideration of the Petition of William Wyat, Keeper of the Public Goal; and it was thereupon
Resolved, That the Sum of 41 l. 5 s. be paid to the said William Wyat, as a further Allowance for his Expence in supporting the Prisoners; the Fees allowed him by Law not being sufficient.
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 385.89.Monday, May 1, 1749.
A Bill, Concerning the Public Prisons, and directing the Method of appointing the Keeper thereof, was read a Second Time.
Ordered, That the Bill be Ingrossed.
Tuesday, May 2, 1749.
A Bill, intituled, An Act, concerning the Public Prisons, and directing the Method of appointing the Keeper thereof, was read the Third Time.
Resolved, That the Bill do pass.
Journals of the House of Burgesses of Virginia 1742-1749, Volume VII, page 396.Monday, May 8, 1749.
A Message from the Council, by Mr Walthoe, That they have agreed to…
And to the Bill, intituled, An Act, concerning the Public Prisons, and directing the Method of appointing the keeper thereof; without any Amendment.
Page 405.
Thursday, May 11, 1749.
Mr. Speaker, with the House, went up accordingly; and the Governor was pleased to give his Assent to the following Public and Private Bills:
Concerning the Public Prisons, and directing the Method of appointing the Keeper thereof.
York County, Virginia90.
1746-1759 - Wills and Inventories, Book 20, page 174.December 9, 1749.
Collett, John - Will
…
City of Williamsburgh.
Item. I give and bequeath unto John Carter son of John Carter deceased, late keeper of the Public Goal, after my wifes decease, 1 desk which I bought of Mrs. Geddy, my two gold rings and 1 pr. gold buttons.
Virginia. Letter from Colonel Lee President of the Council and Commander in Chief of Virginia to the Board [of Trade & Plantations] Dated 29 Septr. 1750. Containing his Answers to the Boards General Queries, relative to the Present State of that Colony.
(In: Volume 45, page 87 - Shelburne Papers, Clements Library, Michigan.)…To deprive any one the Liberty of Appealing is seeming to me to be a great Evil and in a Subordinate Government is more extraordinary. There are two Commissions of Oyer and Terminer for Tryal of Capital Offences, and other Criminals, by His Majestys Instructions to be held Yearly, in the intervals of the General Courts in June and December to prevent long Imprisonments.
Of these Courts; as the Governor gives the Commissions, the Council are the Judges, unless in Case of Necessity when a sufficient Number can't be had, and for the Tryal of Slaves committing Capital Offences, Commissions of Oyer and Terminer are sent to the several Justices, of the several Courts who are to proceed to Try such Criminals & after Judgment to award Execution, first valuing every Slave condemned for the use of His Master which is paid by the General Assembly.
And to prevent an unnecessary Charge to the County there is a Court appointed in the several Counties to examine every Offender that is committed, to know whether there is Cause for further Tryal, and if there is Cause ever such Criminal is sent down to the Publick Goal there to be Tried by the judges of the General Court or Commissioners of Oyer and Terminer as the Case is, and the examining justices are to Certify whether the Criminal is a Convict, for then He or She is to be Tried by a Jury at the Bar, ever other has a Jury of the Neighbourhood who are summoned the Sheriff of the County to attend the Tryal, any of whom may be excepted against by the Attorney for the King, or the Prisoner.
And with respect to Pardons to Offenders, His Majesty has been graciously pleased to empower the Governor, Lieut. Governor, or President for the time being, to pardon all Offenses, Treason and Willful Murder only Excepted, and in these he has the Liberty of Reprieving untill a fair Representation can be made to the King & his Majesty's Pleasure known thereupon.
91.And the Governor has power to remit all Fines and Forfeiture not exceeding 10 Pounds Sterling, and all above he may stay till His Majesty's Pleasure is known, except the Inhabitants of the Northern Neck where all Fines and Forfeitures are granted to the Lord Fairfax except Feto [illegible].
Journals of the House of Burgesses of Virginia 1752-1748, Volume VIII, page 10.Saturday, February 29th, 1752.
A Petition of Elizabeth Wyatt Widow, and Executrix of William Wyatt deceased, late Keeper of the Public Goal, was presented to the House, and read, praying that the additional Salary, of 15 £ per Annum, formerly allowed her said Husband, till the 22d Day of November 1748, be continued to her, from that Time, till the 22d Day of March 1749, when he died.
Ordered, That the said Petition be referred to the Committee of Claims, that they do examine into the Matter thereof, and report the same, with their Opinion thereupon to the House.
Journals of the House of Burgesses of Virginia 1752-1758, Volume VIII, page 37.92.Monday, March 16th, 1752.
A Petition of John Lane, Keeper of the Public Goal, was presented to the House and read, praying that the additional Salary of £ per Annum, allowed the late Keeper of the said Goal, in Consideration of the Lowness of his Fees, may be continued to the Petitioner, for the 23d Day of March 1749, the Time of his being appointed.
Ordered, That the said Petitioner, be referred to the Committee of Claims, that they examine into the Matter thereof, and report the same, with their Opinion thereupon to the House.
Journals of the House of Burgesses 1752-1758, Volume VIII, page 43.Thursday, March 19th, 1752.
On Consideration of the Petition of Elizabeth Wyatt, Executrix, &c. of William Wyatt, late Keeper of the public Goal, deceased.
Resolved, That she ought to be allowed the Sum of Twenty Pounds, to the 22d Day of March 1749, as an Additional Salary, at £15 per Annum, besides the Fees due by Law.
On Consideration of the Petition of John Lane, Keeper of the Public Goal,
Resolved, That he ought to be allowed an additional Salary of £15 per Annum, besides his Fees due by Law, from March 23d, 1749 to the 23d of March Instant.
Virginia Magazine of History and Biography Volume 24, page 411. (Extracts from the Virginia Gazette)93.July 3, 1752.
On Wednesday last John Sparks confin'd in the Public Goal under Sentence of Death, for the Murder of James Fox, contriv'd to saw off his Irons in the Day Time, and at Night, as soon as the Goaler open'd the Prison Door, knock'd him down with a Quart Bottle, and made his Escape. He was apprehended Yesterday evening, and brought to Town this Morning, and to prevent a Possibility of his escaping the Justice his Crime deserv'd, was this Day executed at the Gallows. He confessed himself guilty of the Murder but entirely acquitted James Trotman, who was sentenc'd with him at the same Time, and whose Execution is respited.
Journals of the House of Burgesses of Virginia 1752-1758, Volume VIII, page 112.Thursday, November 8th 1753.
A Petition of Thomas Peneman, Keeper of the Public Goal, praying an Addition to his Salary, that he may be enabled to maintain the Prisons a confined in the said Prison, in a clean and wholesome Manner, was presented to the House and read.
Ordered, That the said Petition be referred to the Consideration of the Committee of Claims,…
Journals of the House of Burgesses of Virginia 1752-1758, Volume VIII, page 137.94.Tuesday, November 27th, 1753.
The House proceeded to the further Consideration of the Report from the Com. of Claims…
… On Consideration of the Petition of Thomas Penman Keeper of the Public Goal.
Resolved, That it is the Opinion of this Committee, That he ought to be allowed the additional Sum of 15 £ to be paid every Year over and above his usual Salary of 25 £
Resolved, That he ought to be allowed the Sum of 11 £ 5 s. for his additional Salary from the third Day of January last past, to the third of this Instant.
Resolved, That it is the Opinion of this Committee, That the Fees settled by Law, for keeping and providing for Criminals at the public Goal of this Colony, are not sufficient.
Resolved, That it is the Opinion of this Committee, That there ought to be allowed to the Keeper of the Public Goal, Ten Pounds of Tobacco, per Day, for every Criminal committed to the said Goal, during such Criminal's Imprisonment; from this Time, to the End of the Next Session of Assembly.
Journals of the House of Burgesses of Virginia 1752-1758, Volume VII, page 181.Wednesday, February 20th, 1754.
A Petition of Thomas Penman Keeper of the publick Goal, setting forth, That this House did, at the last Session of Assembly, alter the Method of the Payment of the Petitioner's Salary, and encreased his Allowance for maintaining Prisoners, which will expire at the End of this present Session, and praying that this House will be pleased to continue such allowance, was presented to the House and read.
Resolved, That the Additional Sum of 15 £ be paid to the said Thomas Penman every Year, over and above his usual Salary of 25 £.
Resolved, That Ten Pounds of Tobacco per Day be allowed to the said Thomas Penman, for every Criminal committed to the said Goal, during such Criminal's Imprisonment, from this Time to the End of the next Session of Assembly.
Journals of the House of Burgesses of Virginia 1752-1758, Volume VIII, page 194.95.Monday, August 26th, 1754.
A Petition of Thomas Penman Keeper of the Public Goal, setting forth, That this House did, at the last Session but one of this Assembly, alter the Method of the Payment of the Petitioner's Salary by encreasing the Allowance for maintaining the Prisoners from that Session of Assembly to the last, when it was again continued, and praying that this House will be pleased to continue such Allowance, was presented to the House and read.
Resolved, That the additional Sum of 15 £. be paid to the said Thomas Penman, every Year, over and above his usual Salary of 25 £.
Resolved, That Ten Pounds of Tobacco per Day, be allowed the said Thomas Penman, for every Criminal committed to the said Goal, during such Criminal's Imprisonment, from this Time to the End of the next Session of Assembly.
Journals of the House of Burgesses of Virginia 1752-1758, Volume VIII, page 214.Monday, October 21st. 1754.
A Petition of Thomas Penman Keeper of the Public Goal, setting forth, That this House did at the last Session of Assembly, alter the Method of the Payment of the Petitioner's Salary, by encreasing the Allowance for maintaining the Prisoners, from that Session of Assembly to the next, and praying that this House will be pleased to continue such Allowance, was presented to the House and read.
Ordered, That the said Petition do lie on the Table.
Page 216.
Thursday, October 24th, 1754.
The House proceeded to the Consideration of the Petition of Thomas Penman, Keeper of the Public Goal, which was ordered to lie on the Table on Monday last, and the same being read, it was thereupon,
Resolved, That the Additional Sum of 15 £. be paid to the said Thomas Penman, every Year, over and above his usual Salary of 25 £.
Resolved, That Ten Pounds of Tobacco, per Day be allowed the said Thomas Penman, for every Criminal commited to the said Goal, during such Criminal's Imprisonment from this Time to the End of the next Session of Assembly.
York County, Virginia
- Deed Book VI, page 13.Webb, John Pearson - Executor
Anderson, Andrew - deceased
Barber of Williamsburg
December 1, 1754.
to
Ford, Christopher, Jr. - Carpenter.Consideration: Not given [torn]
Two certain lots or half acres of land lying and being in City of Williamsburg on the North side of Nicholson Street, bounded on the East by the lots of John Coke, on the West by the lots whereon the Public Goal is erected and to the North 96. by the extreme bounds of said City, and denoted in the plan of the said City by the figures 279 and 280.
Journals of the House of Burgesses of Virginia 1752-1756, Volume VIII, page 249-50.Monday, May 12th, 1755.
A Petition of Thomas Penman, Keeper of the public Goal, setting forth, That this House did at the last Session of Assembly, alter the Method of Payment of the Petitioners Salary, by increasing his Allowance for maintaining the Prisoners from that to the next Session of Assembly, and praying that this House will be pleased to continue such Allowance, was presented to the House and read.
Ordered, That the said Petition be referred to the Committee of Claims,…
Journals of the House of Burgesses of Virginia 1752-1758 Volume VIII, page 271.97.Monday, May 26th, 1755.
On Consideration of the Petition of Thomas Penman, setting forth, That this House did, at a former Session, alter the Method of paying the Petitioner's Salary, and increase his Allowance for the Maintenance of Criminals from that Time, to the next Session of assembly, and praying that the same Method of paying his Salary, and the Increase of his Allowance for maintaining Criminals, may be continued.
Resolved, That the said Petition is reasonable.
Journals of the House of Burgesses of Virginia 1752-1758, Volume VIII, page 303.Monday, August 11th, 1755.
A Petition of Thomas Penman, Keeper of the Public Goal, setting forth, That this House did, at the last Session of this Assembly, alter the Method of Payment of the petitioner's Salary, by encreasing the Allowance for Maintaining the prisoners from thence to the End of the next Session of Assembly, and praying that this House will be pleased to continue such Allowance; was presented to the House and read.
Resolved, That the Additional Sum of £ 15 be paid to the said Thomas Penman, every year, over and above his usual Salary of £ 25.
Resolved, That Ten Pounds of Tobacco per Day be allowed the said Thomas Penman, for every Criminal committed to the said Goal during such Criminals Imprisonment, from this Time to the End of the next Session of Assembly.
Ibid - Saturday, November 1st. 1755 (page 326) [Same Petition & Res.]
" - Thursday, April 8th, 1756 (page 358) " " " "
" - Thursday, September 23d, 1756 (page 406) " " " "
" - Monday, May 2d, 1757 (page 447-448) " " " "
" - Tuesday, April 4th, 1758 (page 500) " " " " Journals of the House of Burgesses of Virginia 1758-1761, Volume IX, page 19.Saturday, the 23rd of September, 32 Geo. ii, 1758.
A Petition of Thomas Penman, Keeper of the public Goal, praying that his usual Salary, which will expire at the End of this present Session of Assembly, may be further continued to him, was presented to the House and read.
Resolved, That the additional Sum of £ 15 be paid to the said Thomas Penman every Year, over and above his usual Salary of £ 25.
Resolved, That 10 lbs. of Tobacco per Day be allowed the said Thomas Penman for every Criminal committed to the said 98. Goal, during such Criminal's Imprisonment, from this Time, to the End of the next Session of Assembly.
Ibid. page 51. Friday, the 10th of November, 32 Geo.ii, 1758
Ibid. page 74. Friday, the 2nd of March, 32 Geo.ii. 1759. Journals of the House of Burgesses of Virginia 1758-1761, Volume IX, page 86.Friday, the 9th of March, 32 Geo.ii, 1759.
Also a Petition of Thomas Penman, Keeper of the public Goal, setting forth, That the Lots thereto belonging being at present open and uninclosed, leaves the said prison too much exposed to the Attempts of those who may Design to rescue the Criminals there in confined, and praying that this House will direct the said Lots to be enclosed at the public Expence, were severally presented to the House and read.
Ordered, That the said Petitions be referred to the Consideration of the Committee of Claims;…
Journals of the House of Burgesses of Virginia 1758-1761, Volume IX, page 102.Tuesday, the 20th of March, 32 Geo. ii, 1759.
Resolved, That the Petition of Thomas Penman, Keeper of the publick Goal, for enclosing the Prison Lots in the Manner mentioned in his Petition, be rejected.
Burnaby, Rev. Andrew
Travels through the middle settlements in North America
1759-1760-Second edition 1775.July 5, (1759)
… The governors palace, indeed, is tolerably good, one 99. of the best upon the continent but the church, the prison, and the other buildings are all of them extremely indifferent…
Journals of the House of Burgesses of Virginia
1758-1761, Volume IX, page 144.Monday, the 12th of November, 32 Geo. ii, 1759.
A Petition of Samuel Galt appointed Keeper of the publick Goal, in the Room of Thomas Penman, deceased, praying that the Salary usually allowed the said Penman, for maintaining the Prisoners committed to the said Goal, may be allowed the Petitioner from the Time of his Appointment to that Office, was presented to the House and read.
Resolved, That the additional Sum of £ 15 be paid to the said Samuel Galt, over and above the usual Salary of £ 25 per Annum.
Resolved, That ten Pounds of Tobacco per day be allowed the said Samuel Galt for every Criminal committed to the said Goal, during such Criminal's Imprisonment, from this Time to the End of the next Session of Assembly.
…
Page 163.Saturday, the 8th of March, 32 Geo. ii, 1760.
A Petition of Samuel Galt, Keeper of the publick Goal, praying that the usual allowance for maintaining Criminals committed to the said Gaol may still be continued, was presented to the House and read.
Resolved, That the additional Sum of £15 be paid to the said Samuel Galt for every Year, over and above his usual Salary of £25.
Resolved, That 10 lbs, of Tobacco per Day be allowed the said Samuel Galt for every Criminal committed to the said Goal, during such Criminals Imprisonment, from this Time to the End of the next Session of Assembly.
Ibid (page 176) Thursday, the 22d of May, 3 Geo.ii, 1760 Ditto
Ibid, (page 188) Wednesday, the 8th of October 34 Geo.ii, 1760 " 100. Journals of the House of Burgesses of Virginia
1761-1765, Volume X, page 20.Wednesday, the 11th of November, 2 Geo.iii, 1761
A Petition of James Galt, Keeper of the publick Gaol, praying that the usual Salary for the Maintenance of Criminals committed to the said Gaol, which will expire at the End of this Session of Assembly, may be continued, was presented to the House and read.
Resolved, That the additional Sum of £15 be paid to the said James Galt every Year, over and above his usual Salary of £25.
Resolved, That 10 lb. of Tobacco per Day be allowed the said James Galt for every Criminal committed to the said Gaol, during such Criminal's Imprisonment, from this Time to the End of the next Session of Assembly.
Ibid. (Page 35) Friday, the 15th of January, 2 Geo.iii, 1762 Do.101.
Ibid. (Page 53) Friday the 2nd of April, 2 Geo. iii, 1762. Ditto
Ibid. (Page 133) Saturday the 4th of December, 3 Geo. iii, 1762 "
Ibid. (Page 179) Tuesday, the 24th of May, 3 Geo.iii, 1763 "
Ibid.(Page 214) Wednesday, the 18th of January, 4 Geo.iii,1764 "
Ibid. (Page 273) Tuesday, the 27th of November, 5 Geo.iii, 1764 " The American Gazetteer
London: 1762 … Here is also a country prison for criminals, and near it another for debtors.
York County, Virginia102.
1755-1763, Book 6 - Deeds, page 396-399.March 15, 1762
Moody, Matthew
to
Greenhow, John - MerchantConsideration: 63 Pounds, Six Shillings, 8 Pence.
6-1/3 acres of land situate, lying and being in the Parish of Bruton adjoining the said city of Williamsburg, and in the County of York, and are included within the four different areas denoted in a certain plan hereto annexed by the letters C.C.C. and B., the whole land contained within the said plan being bounded as follows: that is to say, --Beginning at the letter G noted in the said plan being the Southeast corner of the land belonging to _______ Gilmer Son and Devisee of George Gilmer, dec'd, and now in the occupation of William Trebell, from thence extending along the North end of the lots belonging to the public Goal and John Coke 39 poles to the Southwest corner of the lot belonging to John Bell which he purchased of Thomas Cobbs at the letter E, thence North by East along the bottom lines of the lots of John Bell, Matthew Tewell and John Bartle 31 poles to the letter F, thence north 1/2 West 57 poles to the East side of the said Gilmers land at the letter D, and from thence along the said Gilmers line to the beginning. The area above mentioned said Gilmers land at the letter D, and from thence along the said Gilmers line to the beginning. The area above mentioned noted in the said Plan by the letter B being included within the bounds above described, and being part of the said 6-1/3 acres is particularly bounded as follows, towit: Beginning at the letter H, at the end of the said John Coke's lots, and thence running a line of 14 poles ------ East to the letter I --------- John Bell's lots and bounded on the South and East sides by the said Coke's and Bell's lines….. That the land included within the two areas denoted in the said Plan hereto annexed by the letters AA and AA within the pricked lines; being 4 poles each in bredth from end to end shall from hence forth forever hereafter be and remain open and unoccupied and reserved open for two free and common streets, unless the said John Greenhow, his heirs or assigns and the said Matthew Moody, his heirs, shall mutually and jointly agree to make any alteration in respect to the said streets…. (street, --4 poles in bredth from Nicholas street.. through the lots he lately purchased of James Shields, Gent. to the said land hereby granted)
Map copied.
York County, Virginia
1755-1763, Book 6, Deeds, page 396-400.March 15, 1762.
Moody, Matthew
to
Greenhow, JohnSurveyors Note-Page 400.
Beginning at the letter G noted on the said Plan, and being the S.E. corner of the land belonging to Gilmer Son, devised of George Gilmer, deceased now in the occupation of Trebell, thence extending along the north end of the lot belonging to the Public Gaol and John Coke 39 poles to the S.W. corner of the lot belonging to John Bell at the letter E, thence N. by E. along the bottom lines of the lot of John Bell, M. Tewell and J. Bartle 31 poles to the letter F, thence N. 1/2 W. 57 poles to the E. side of the said Gilmer's land at the letter D, and thence to the beginning.
Area B -- Beginning at letter H at the end of said John Cokes lots and thence running a line 14 poles East to the Letter I------- John Bells lots and bounded on South and East Sides by the said Cokes and Bells line.
Journals of the House of Burgesses of Virginia 1761-1765, Volume X, page 273.103.Tuesday, the 27th of November, 5 Geo. iii, 1764.
A Petition of John Bell, praying to be allowed by the Publick for several Years Attendance to shackle and handcuff the Criminals committed to the Publick Gaol, taking off their Irons when carried up to their Trials, or otherwise discharged, for which he hath never received any Satisfaction, was presented to the House and read; and the Question being put that the said Petition be referred to a Committee.
It passed in the Negative.
Resolved, That the said Petition be rejected.
Journals of the House of Burgesses of Virginia 1761-1765, Volume X, page 282.Thursday, the 6th of December, 5 Geo. iii, 1764.
Ordered, That Mr Archibald Cary, Mr Richard Lee, and Mr Tabb, do go to the Publick Gaol of this City, and examine into the Defects and Decays, and what necessary Repairs ought to be made thereto and that they report them to the House.
Journals of the House of Burgesses of Virginia 1761-1765, Volume X, page 305.Wednesday, the 19th of December, 5 Geo.iii, 1764.
Mr Cary from the Committee appointed, reported that they had, according to Order, examined into the Condition of the Publick Goal, and had found the same much out of Repair.
On a Motion Made,
Ordered, That a Committee be appointed of the following Persons, viz. Mr Attorney Mr Wythe, Mr Randolph, Mr Waller, and Mr Everard to agree with Workmen to repair the same.
Journals of the House of Burgesses of Virginia 1761-1765, Volume X, page 331.104.Thursday, the 9th of May, 5 Geo. iii, 1765.
A Petition of Thomas Railey, of the County of Hanover, setting forth that as Shadrach Vaughan, Under Sheriff of the County of Henrico, was removing a Prisoner to the Publick Goal he impressed a valuable Mare of the Petitioner; and the said Vaughan, without giving the Petitioner Notice, go the said mare appraised, by Persons who knew nothing of her Quality, to six Pounds, whereas the Mar was then worth a much greater Sum; and praying the Consideration of this House, was presented and read.
Resolved, That the further Consideration of the said Petition be referred to the next Session of Assembly.
Journals of the House of Burgesses of Virginia 1761-1765, Volume X, page 337.Monday, the 13th of May, 5 Geo. iii, 1765.
An Account of Benjamin Powell for repairing the Publick Gaol, was presented to the House and read.
Resolved, That he be paid the Sum of £388.13.8 Half-peny, for repairing the Public Gaol.
Journals of the House of Burgesses of Virginia 1761-1765, Volume X, page 361.Friday, the 31st of May, 5 Geo. iii, 1765.
A Message from the Council by Mr Walthoe
That they have agreed to …
Also the Resolve for paying Mr Benjamin Powell for repairing the Publick Gaol in the City of Williamsburg.
Journals of the House of Burgesses of Virginia 1761-1765, Volume X, page 364.105.Saturday, the 1st. of June, 5 Geo. iii, 1765.
His Honour likewise gave his Assent to the following Resolves.
…
2. That the Sum of £388.13.6 Halfpenny be paid to Benjamin Powell, for repairing the Publick Gaol.
Journals of the House of Burgesses of Virginia 1766-1769, Volume II, page 62.Wednesday, the 10th of December, 7 Geo. iii, 1766
Resolved, That the Petition of Edward Westmore, Keeper of the Publick Gaol, for a Continuance of the additional Salary of £15 per Annum, enjoyned by his Predecessors, be rejected.
Journals of the House of Burgesses of Virginia 1766-1769, Volume II, page 94.Tuesday, the 24th of March, 7 Geo. iii, 1767.
A Petition of Edward Westmore, Keeper of the Public Gaol, praying to be allowed the accustomed Salary, which was reduced at the former Meeting of his Assembly, was presented to the House, and read.
And the Question being put, that the said Petition be referred to a Committee.
It passed in the Negative.
Resolved, That the said Petition be rejected.
Journals of the House of Burgesses of Virginia 1766-1769, Volume II, page 120-121.106.Thursday, the 9th of April, 7 Geo. iii, 1767.
Ordered, That the Serjeant of this House do immediately go with the Mace while the House is sitting, to the public Gaol, and bring the said Pride from thence to the Bar of this House in Order to receive a Reprimand from the Speaker; Being brought to the Bar he was Reprimanded by the Speaker accordingly.
On a Motion made,
Ordered, That the Serjeant do, with the Mace, return the said pride to the public Gaoler, and give him Directions to keep the said Pride in close Confinement, without the Use of Pen, Ink, Strong Liquor whatsoever.
York County, Virginia
1760-1771, Wills, Inventories, Book 21. page 366.November 16, 1767.
Coke, John - Will.
…
Item. I give and bequeath to my son Robey Coke all the houses and 5 lots or half acres of ground whereon I now live in the City of Williamsburg facing the Capitol and joining the Public Goal and on the other side to the Main Road which leads to the Capitol Landing, to him and his heirs forever.
Journals of the House of Burgesses of Virginia 1766-1769, Volume II, Page 143.Thursday, the 31st of March, 8 Geo. iii, 1768.
The House being informed that, in Contempt of the Authority of this House Edward Westmore, Keeper of the Public Gaol, had disobeyed their Order of last Session for the Confinement and Diet of James Pride, then in Custody of the said Gaoler for Breach of Privilege;
Ordered, That it be referred to the Committee of Privileges and Elections to examine the Matter of the said information, and report the same with their Opinion thereupon, to the House.
Journals of the House of Burgesses of Virginia 1766-1769, Volume II, page 150.Tuesday, the 5th of April, 8 Geo. iii, 1768.
Mr. Pendleton reported from the Committee of Privileges and Elections that they had, according to Order, had under their Considertion the Information, to them referred, against Edward Westmore, Keeper of the public Gaol, for a Contempt of the Authority of this House, in disobeying the Order of the last Session for the Confinement and Diet of James Pride; and having hear the said Edward Westmore in his own Defence, and 107. examined several Witnesses on the Matter of the said Information, had come to a Resolution thereupon, which he read in his Place, and afterwards delivered in at the Clerk's Table, where the same was read, and is as followeth, vizt.
Resolved, That it is the Opinion of this Committee, that the said Edward Westmore hath strictly conformed to the said Order.
The said Resolution being read a second time, was, upon the Question put thereupon agreed to by the House.
Journals of the House of Burgesses of Virginia 1766-1769, Volume XI, page 159.Friday, the 8th of April, 8 Geo. iii, 1768.
A Petition of Edward Westmore Keeper of the public Gaol was presented o the House and read, setting forth that the Garden of the public Gaol, whereof he is keeper, is in a ruinous Condition and praying that the same may be repaired to the end that he may be able to make a more comfortable Provision for the poor Prisoners.
Ordered, That the said Petition be referred to the Consideration of a Committee:
Journals of the House of Burgesses of Virginia 1766-1769, Volume XI, page 171.Thursday, the 14th of April, 8 Geo. iii, 1768.
Mr. Blair reported from the Committee, to whom the Petition of Edward Westmore was referred, that the Committee had examined the Matter of the said Petition, and had directed him to report the same as it appeared to them, with their Opinion thereupon, to the House: And he read the Report in his Place, and afterwards delivered it in at the Clerk's Table; where the same was 108. read, and is as followeth vizt.
Your Committee having repaired to the public Prison and inspected the Garden Pales, it appeared that the said Pales were in bad Order; that the whole seemed to be old, and some Parts so very ruinous as not to answer the purpose of a present Inclosure. Whereupon your Committee came to the following Resolution.
Resolved, That it is the Opinion of this Committee that the said Petition is reasonable.
The said Resolution being read a second Time, was upon the Question put thereupon agreed to by the House.
Ordered, That Benjamin Waller, Gentleman be desired to treat and agree with a Workman for the repairing of the Garden belonging to the public Gaol.
Journals of the House of Burgesses of Virginia 1766-1769, Volume XI, page 193.Tuesday, the 9th of May 9 Geo. iii, 1769.
A Petition of Anthony Street, Deputy Sheriff of Lunenburg County, was presented to the House, and read, setting forth, That in November last he provided an Horse, worth eight pounds, for conveying to the public Gaol Peter Brown, who was charged with Felony, and ordered by the Court of the said County to be tried before the Court of Oyer and Terminer; and that the said horse died travelling with the Prisoner to Williamsburg; and that the Petitioner expended seven Shillings and six Pence in supporting the Prisoner during his Journey; and praying to be allowed the Value of his said horse and his said Expences.
Ordered, That the said Petition be referred to the Consideration of a Committee: … And it is referred to the Committee of Public Claims.
EXECUTIVE JOURNALS OF THE COUNCIL MSS. 1754-1774109.
[From typed mss in preparation for publication Va. State Lib.]At a Council held May 7th 1770
…
The Sherif of York having represented that the ground whereon the present public Gallows stands is inclosed by the Proprietor, it is ordered that he immediately cause another to be erected as near as conveniently may be to Queen's Road, leading to Queen Mary's Port, commonly called the Capitol Landing.
Journals of the House of Burgesses of Virginia 1760-1769, Volume XI, page 207.Friday, the 12th of May 9 Geo. iii, 1769.
Resolved, That it is the Opinion of this Committee, that the Petition of Anthony Street, to be allowed for a Horse, which died in removing a Criminal to the public Gaol, and for his Expences upon the said Criminal, in his Removal, be rejected.
Journals of the House of Burgesses of Virginia 1766-1769, Volume XI, page 234-235.Wednesday, the 8th of November, 10 Geo. iii, 1769.
A Petition of Anthony Street, Deputy Sheriff of Lunenburg County, was presented to the House and read; setting forth, that in November last, he provided an Horse, worth Eight Pounds, for conveying to the Public Gaol Peter Brown, who was charged with Felony, and ordered by the Court of the said County to be tried before the Court of Oyer and Terminer; and that the said Horse died travelling with the Prisoner to Williamsburg; and that the Petitioner expended Seven Shillings and Six Pence in supporting the Prisoner during his Journey; and praying to be allowed the Value of his said Horse, and his said Expences.
Ordered, That the said Petitions be referred to the Committee of Public Claims;…
Journals of the House of Burgesses of Virginia 1766-1769, Volume XI, page 239.110.Thursday, the 9th of November, 10 Geo. iii, 1769.
Resolved, That it is the Opinion of this Committee, that the Petition of Anthony Street, Deputy Sheriff of Lunenburg County, to be allowed for a Horse, found by him to convey a Criminal to the public Gaol, which died in that Service, and for his Expences on the said Criminal, in conveying him to the said gaol, be rejected.
Journals of the House of Burgesses of Virginia 1766-1769, Volume XI, page 247.Friday, the 10th of November, 10 Geo. iii, 1769.
A Petition of William Ramsay was presented to the House, and read, setting forth, that a Horse, belonging to the Petitioner, died of Fatigue, in carrying a Criminal to the Public Gaol, and therefore praying to be allowed the Value of the said Horse.
Ordered, That the said Petition be referred to the Committee of Public Claims; …
Journals of the House of Burgesses of Virginia 1766-1769, Volume XI, page 267.Friday, the 17th of November, 10 Geo. iii, 1769
A Petition of Edward Westmore, Keeper of the Public Gaol, was presented to the House, and read; setting forth the present Dearness of Provisions: and praying to be allowed the Additional Salary of Fifteen Pounds, which his Predecessors had enjoyed.
Ordered, That the said Petition be referred to the Committee of Public Claims;…
Journals of the House of Burgesses of Virginia 1766-1769, Volume XI, page 283.Wednesday, the 22nd of November, 10 Geo. iii, 1769.
Mr. Archibald Cary reported, from the Committee of Public Claims,…
Resolved, That it is the Opinion of this Committee, that the Petition of Edward Westmore to be allowed an Addition to his Salary, as Public Gaoler, is reasonable; and that he ought to be allowed the Sum of 15 l.
…
111.
The said Resolutions being severally read a second Time, were, upon the Question severally put thereupon, agreed to by the House.Resolved, That an additional Salary of Fifteen Pounds per Annum, be paid to Edward Westmore, Keeper of the Public Gaol, to continue till the End of the next Session of Assembly.
Journals of the House of Burgesses of Virginia 1766-1769, Volume XI, page 299.Tuesday, the 28th of November, 10 Geo. iii, 1769.
The Council have agreed to the Resolve for paying Edward Westmore an additional Salary.
Journals of the House of Burgesses of Virginia 1766-1769, Volume XI, page 303.112.Wednesday, the 29th of November, 10 Geo. iii, 1769.
Mr Treasurer presented to the House by Direction of the Governor, a Letter from Mr. Thomas Willing, of Philadelphia, to the Honourable William Byrd, Esquire, relative to the Reception of the Persons of unsound Mind, now in the Public Gaol of this Colony, into the Hospital of Philadelphia; and he delivered the Letter in at the Clerk's Table.
And the said Letter was read.
Ordered, That the said Letter do lie upon the Table, to be perused by the Members of the House.
Journals of the House of Burgesses of Virginia 1766-1769, Volume XI, page 304-5.Thursday, the 30th of November, 10 Geo. iii, 1769.
Resolved, That an humble Address be presented to his Excellency the Governor, returning him the Thanks of this House for his kind and humane Attention to the Piteous Situation of the for unhappy People, who are disordered in their Senses, and now confined in the Public Gaol of this Colony; desiring that his Lordship will be pleased, as he has proposed, to send them to the Hospital in Philadelphia, till a proper Provision can be made here, for Persons under the like unhappy Circumstances; and assuring his Lordship, that this House will chearfully pay the Expences that may attend their Support and maintenance.
Journals of the House of Burgesses of Virginia 1766-1769, Volume XI, page 354.Thursday, the 21st of December, 10 Geo. iii, 1769.
A Resolve for paying an additional Salary of Fifteen Pounds per Annum to Edward Westmore, Keeper of the Public Gaol.
York County, Virginia
1769-1777, Deed Book 8, page 141.January 1, 1771.
Westmore, Edward - Public Goaler
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Hubard, JamesGoods in Upper Room.
- 2 beds, 2 bedsteads, 2 pr. blankets, 2 pr. sheets, 2 bolsters, 2 pillows
- 1 dressing Table and glass
- 1 Press, 2 Black walnut elbow chairs.
- 113.
- 1 pr. iron dogs with brass mounting
- 1 large picture
- 1 large Chest
In the little room below.
- 1 large Pare Glass, a black walnut table and stand.
In the Great Room below.
- 1 black walnut corner press, a black walnut do. table, 4 chairs do. 6 with rush bottoms.
- A pr. of iron dogs, shovel and tongs.
In the Cupboard.
- 1 Tureen and 12 plates, 6 china cups and saucers, 2 tea pots, 6 tea spoons and tongs, a silver punch ladle, one china bowl and desk.
In the Passage.
- 1 pr. dogs brass mounted, a chair harness bridle and sadle.
In the Kitchen.
- 2 iron pots, 2 pr. hooks, 2 racks, 2 pr. flat irons, a pair of large iron dogs, tub, pail and 2 piggons.
In the Dairy.
- 1 large copper kettle, a lard mortar and pestle, 2 doz. pewter plates, 6 dishes do., 1 large pewter cover, a copper tea kettle, 2 coffee pots Copper
- 1 pr. stillyards
- 1 dutch oven
- 3 stone jars
- 4 brass candlesticks and snuffers
Journals of the House of Burgesses of Virginia 1770-1772, Volume XII, page 130.Wednesday, the 17th of July, 11 Geo. iii, 1771.
A Petition of Peter Pelham, Keeper of the Public Gaol, was presented to the House, and read; praying that the usual Salary of forty Pounds per Annum may be continued.
114.Resolved, That the Sum of forty Pounds, per Annum, be allowed to peter Pelham, as Public Gaoler, to continue to the End of the next Session of General Assembly.
Journals of the House of Burgesses of Virginia 1770-1772, Volume XII, page 137.Friday, the 19th of July, 11 Geo. iii, 1771.
The Council have agreed to the Resolve for paying to the Keeper of the Public Gaol his Salary.
Hening, Statutes at Large 1764-1773, Volume VIII, page 528.February 1772
CHAP. XIII.
An act for regulating the allowances to the keeper of the public prison for the maintenance of poor prisoners for debt, and for other purposes therein mentioned.
I. Whereas by one clause of an act, passed in the twenty second year of the reign of his late majesty king George the second, intituled An act declaring the law concerning executions, and for relief of insolvent debtors, it is, amongst other things, enacted, that where any person shall be committed to prison, for any debt or damages whatsoever, and shall not be able to satisfy and pay his or her ordinary prison fees, such of the said fees as shall become due for the first twenty days imprisonment shall be discharged by the county, which is unreasonable, and frequently occasions the imprisonment of poor and indigent person by their creditors, who are compellable, by the said act, to reimburse the county the fees due on such imprisonment: Be it therefore enacted, by the Governor, Council, and burgesses, of this present General Assembly, and it is 115. hereby enacted, by the authority of the same, That so much of the said act, which directs that the prison fees, due for the first twenty days, for the imprisonment of any person committed to prison, for any debt or damages, who are not able to pay and satisfy such fees, shall be discharged by the county, be, and the same is hereby repealed. And the sheriff or gaoler may demand and receive of the party or parties, at whose suit such insolvent person shall be imprisoned, all such fees as shall become due, until the creditor shall agree to release such prisoner; and if the creditor, upon notice given to him or her, his or her attorney or agent, shall refuse to give security to the sheriff or gaoler for the payment of such prison fees, or shall fail to pay the same, when demanded, it shall and may be lawful for such sheriff or gaoler to discharge such debtor out of prison, according to the directions of the said recited acts.
II. And whereas, by one other act, passed the same session, intituled An act concerning the public prison, and directing the method of appointing the keeper thereof, the keeper of the said public gaol is empowered to demand and receive of all prisoners committed to his custody by the general court, on mesne process, or in execution, the fees and allowances settled or to be settled by law, but where any such prisoner should be so poor as not to be able to maintain him or herself in prison, there should be allowed six pence per day, and paid by the general assembly, for the maintenance of such poor prisoner, which from the high price of provisions, is found to be insufficient for such maintenance, and doubts having also arisen whether the public or counties are to pay the public gaoler for the maintenance of such poor prisoners, who, being committed to a county gaol, are removed to the public prison by habeas corpus: Be it therefore enacted, by the authority aforesaid, That the allowance to the keeper of the public gaol, for all poor prisoners, who are unable to pay his or her ordinary prison fees, whether committed on execution, or by order of the general court, or removed by habeas corpus, shall, for the first twenty days, be paid by the public, and levied on the creditor, and that such allowance, for such poor prisoners, shall be one shilling and six pence per day.
III. And be it further enacted, by the authority aforesaid, That the keeper of the said public gaol shall also be entitled to receive one shilling per day for the keeping every runaway servant or slave, committed to the said gaol, pursuant to the laws now in force.
IV. And the better to enable the said keeper of the public gaol to provide for the prisoners under his care, Be it enacted, by the authority aforesaid, That the treasurer of this colony, for the time being, shall advance and pay to the said gaoler, out of the public money in his hands, by warrant from the governor 116. or commander in chief, for the time being, the sum of one hundred pounds, at four equal payments, to be dedicated out of the tobacco that shall be levied for the said gaoler in the book of claims by the succeeding session of assembly.
Journals of the House of Burgesses of Virginia 1770-1772, Volume XII, page 165.Friday, the 14th of February, 12 Geo. iii, 1772.
A Petition of Peter Pelham, Keeper of the Public Gaol, was presented to the House, and read; setting forth, that the Salary of forty Pounds per Annum, granted to the Petitioner by the last General Assembly, will cease at the End of this Session of Assembly, unless it be continued; and that, from the Scarcity and Dearness of Provisions, it is difficult to afford a comfortable Subsistence to the unhappy prisoners under his Care, out of the ten Pounds of Tobacco per Day, allowed for the Maintenance of each of them; and therefore praying that his Salary may be further continued, and that he may have such other Relief as to the House may seem reasonable.
Ordered, That the said petition be referred to the Consideration of the Committee of propositions and Grievances,…
Journals of the House of Burgesses of Virginia 1770-1772, Volume XII, page 171.117.Tuesday, the 18th of February, 12 George iii, 1772.
Resolved, That it is the Opinion of this Committee, that so much of the Petition of Peter Pelham as prays a continuance of his Salary, is reasonable.
Resolved, That it is the Opinion of this Committee, that the Residue of the said Petition, praying a further Allowance for the Maintenance of Prisoners be rejected.
…
… upon the Question put thereupon, agreed to by the House.Resolved, That the Sum of forty Pounds, per Annum, be paid to Peter Pelham, Keeper of the Public Gaol, as his Salary, to continue to the End of the Next Session of General Assembly.
Hening, Statutes at Large 1764-1773, Volume VIII, page 662.March 1772
CHAP. XI.
An act for making an addition to the house appropriated to the use of the public gaoler.
I. WHEREAS it is represented to this present general assembly, that the house appropriated to the use of the keeper of the public gaol of this colony is too small and inconvenient, and that an additional building ought to be made to the said house: Be it enacted by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, that an additional building be made to the said house, to consist of brick walls, and a shingled roof, not exceeding thirty one feet in length, and of the height and width of the old house, to be laid off and erected in such manner as to the commissioners herein after mentioned, or any two or more of them, shall appear most convenient.
II. And be it further enacted, by the authority aforesaid, That Robert Carter Nicholas, John Blair, and John Tazewell, esquires, shall be, and they are hereby authorized and impowered to agree for and contract with such person or persons as may be willing to undertake and complete the same.
III. And be it further enacted, by the authority aforesaid, That the treasurer for the time being shall, upon a warrant from the governor or commander in chief of this colony, pay to the person or persons who shall build the said addition, such sum or sums of money as shall be agreed or contracted for by the said commissioners.
Journals of the House of Burgesses of Virginia 1770-1772, Volume XII, page 212.118.Wednesday, the 4th of March, 12 George iii, 1772.
The Council have agreed to the Resolve for paying a Salary to the Keeper of the Public Gaol, and also…
Legislative Journals of the Council of Colonial Virginia 1754-1775, Volume III, page 1471.Wednesday April 8th 1772.
A Message from the House of Burgesses…
Also, that they had passed a Bill, intituled, "an Act, for regulating the Allowance to the Keeper of the public prison, for the Maintenance of poor Prisoners, and for other Purposes therein mentioned;" to which they desired the Concurrence of the Council.
(Page 1472)
Thursday April the 9th 1772.The Bill, intituled, "An Act for regulating the Allowances to the Keeper of the Public Prison for the Maintenance of Poor Prisoners, and for other purposes therein mentioned, was read the first Time, and ordered to be read a second and third Time immediately.
The said Bill was accordingly read a second and third Time.
Resolved
That the Bill be agreed to.
Journals of the House of Burgesses of Virginia 1770-1772, Volume 12, page 310.119.Thursday, the 9th of April, 12 George iii, 1772.
The Council have agreed to the Bill, intituled An Act for regulating the Allowances to the Keeper of the Public Prison, for the Maintenance of poor Prisoners for Debt, and for other Purposes therein mentioned, without any Amendment; …
Journals of the House of Burgesses of Virginia 1770-1772, Volume XII, page 315, 317.Saturday, the 11th of April, 12 George iii, 1772.
… his Excellency was pleased to give his Assent to the several public and private Bills, and Resolves following, viz. …
An act for regulating the allowance to the keeper of the public prison, for the maintenance of poor prisoners for debt, and for other purposes therein mentioned.
… A resolve for paying a salary to the keeper of the public gaol.
Virginia Gazette120.
Purdie & Dixon, Eds.July 23, 1772.
It is requested that all Persons who have any Claim against the Estate of Mr. John Lane, deceased, will immediately make them known to Mr. John Prentis, that they may be adjusted, as well such Debts as his Estate may be liable for during his Continuance in the Office Of Serjeant of this City as on His own private Account. As I shall not think myself answerable for any Claims made after April next, I hope those concerned will not fail to render their Accounts.
JAMES HOLDCROFT.
Virginia Gazette
Purdie & Dixon, EditorsSeptember 24, 1772.
Committed to the publick jail from James City County prison, a runaway woman named Molly, who says she belongs to Charles Budd, of Charles City County. She is five feet two inches high and appears to be about forty years old, has a prominent nose, and by her complexion would pass for one of the Indian race. Her owner is desired to apply for her, prove his property and pay charges.
PETER PELHAM.
Journals of the House of Burgesses of Virginia 1773-1776, Volume XIII, page 17.121.Tuesday, the 9th of March, 13 Geo. iii, 1773.
A Petition of Peter Pelham was presented to the House, and read; setting forth, that the annual Salaries allowed to him as keeper of the public Gaol, and as Organist, will cease at the end of this present Session of Assembly; and therefore praying, that the said Salaries may be further Continued.
Resolved, That the sum of Forty Pounds per Annum, to be paid to Peter Pelham, keeper of the public Gaol, as his Salary, to continue til the end of the next Session of General Assembly.
Journals of the House of Burgesses of Virginia 1773-1776, Volume XIII, page 19.Wednesday, the 10th of March, 13 Geo. iii, 1773.
A Petition of Peter Pelham, keeper of the public Gaol, was presented to the House, and read; setting forth, that the apartments in the said Gaol, appropriated to the use of the Petitioner, are but few in number, and they so small and contracted as to be very inconvenient, and therefore submitting the matter to the consideration of the House, and praying such relief as shall be thought reasonable.
Ordered, That leave be given to bring in a Bill pursuant to the prayer of the said Petition, and that Mr Nelson, Mr Richard Henry Lee, Mr Patrick Henry and Mr Bland do prepare and bring in the same.
Legislative Journals of the Council of Colonial Virginia 1754-1773, Volume III, page 1483-4-6.Friday, March 12th, 1773.
A Message from the House of Burgesses by Mr. Bland, That they had passed a Bill…
Also a Resolve for paying a Salary to the Keeper of the Public Goal, to which Bill and Resolves they desired the Concurrence of the Council.
The said Bill was accordingly read a second & third Time.
Resolved,
That the Bill be agreed to.The said two Resolves were also read and agreed to.
Saturday March 13th, 1773.
A Message from the House of Burgesses by Mr. Nelson, That they had passed a Bill intituled 'An Act for making an Addition to the House appropriated to the Use of the Public Goaler;' to which they desired the Concurrence of the Council.
Which Bill was read the first Time, and ordered to be read a second Time immediately.
122.The said Bill was accordingly read a second Time; and an Amendment being proposed and agreed to, and made at the Table, it was ordered that the said Bill be read a third Time immediately, with the Amendment.
The said Bill, with the Amendment, was accordingly read a third Time.
Also that they had agreed to the Amendment proposed by the Council to the Bill, intituled An Act for making an Addition to the House appropriated to the Use of the Public Goaler.'
Journals of the House of Burgesses of Virginia 1773-1776, VOLUME XIII, page 29, 30.123.Friday, the 12th of March, 13 Geo. iii, 1773.
The Council have agreed to the Resolve for paying a Salary to the keeper of the public Gaol; …
…
Page 30.An engrossed Bill for making an Addition to the House appropriated to the use of the public Gaoler, was read the Third Time.
Resolved, that the Bill do pass; and that the Title be, An Act for making an Addition to the House appropriated to the Use of the Public Gaoler.
Journals of the House of Burgesses of Virginia 1773-1776, Volume XIII, page 31, 32.Saturday, the 13th of March, 13 Geo. iii, 1773.
The Council have agreed to the Bill intituled, An Act for making an Addition to the House appropriated to the use of the public Gaoler, with an Amendment, to which amendment the Council desire the Concurrence of this House …
Page 32.
The House proceeded to take into Consideration the Amendment made by the Council to the Bill, intituled An Act for Making an Addition to the House appropriated to the use of the public Gaoler.
And the said Amendment was read, and is as followeth, viz.
Line 7. Leave out "Twenty feet square", and insert "thirty one feet in length, and of the height and width of the old House", instead thereof.
…
Ordered, That Mr. Nelson do carry the Bill to the Council, and acquaint them that this House hath agreed to the Amendment made by them.
Virginia Gazette124.
William Rind, Ed.Thursday, July 15, 1773.
WILLIAMSBURG, July 15,
William Childrey, Joseph Berry, and James Revel, were executed near this city, on Friday last, pursuant to their sentence. Their behaviour at the place of execution was remarkably pious; and they approached their fate with amazing fortitude and resignation.
Journals of the House of Burgesses of Virginia 1773-1776, Volume XIII, page 131.Thursday, the 26th of May, 14 Geo. iii, 1774.
A Petition of Peter Pelham, keeper of the Public Gaol, was presented to the House and read; setting forth, that ten pounds of Tobacco per day for the maintenance of each Prisoner is too scanty an allowance, especially when the unhappy Offender is afflicted with Sickness, which is frequently the Case; and therefore submitting the Premises to the Consideration of the House, and praying such additional allowance as shall seem reasonable.
Ordered, that the said Petition be referred to the Consideration of the Committee of Public Claims; …
Virginia Gazette
Purdie & Dixon, eds.August 4, 1774.
Run away from the Subscriber A Negro Man named BEN… had on, when he went away, an Osnaburg Shirt, and an old Pair of white Russia Drab Breeches pretty much torn, whoever apprehends the said Slave, and conveys him to me in Williamsburg, shall be rewarded for their Trouble, besides being paid what the Law allows.
PETER PELHAM.
Virginia Gazette
Purdie and Dixon, editors.October 13, 1774.
Williamsburg, September 29, 1774.
COMMITTED TO THE PUBLICK JAIL, ON the 3rd Instant a Negro Man named CHARLES, who told me he belonged to Doctor Corbin Griffin of York, which I have repeatedly notified to the Doctor; but no application having been made from him for the said Fellow, it is probable he has told me a Falsity; From his own Story, he was lately the Property of Mr James Pride from whom Doctor Griffin received him last February, and kept him in Possession 125. till the July following, at which Time he eloped. He is about 25 years old, five Feet nine Inches high, slim made, well dressed, and fit to act in the Capacity of a Waiting Man. His Owner is desired to take him away and pay Charges.
PETER PELHAM.
Journals of the House of Burgesses of Virginia 1773-1776, Volume XIII, page 249.Saturday, the 17th of June, 15 Geo. iii, 1775.
The Council have agreed to the Resolve for paying a Salary to the public Gaoler; …
Journals of the Council of the State of Virginia 1777-1781, Volume II, page 476.Monday 1st. April 1776.
A Warrt. to Peter Pelham for £168.1.1 for care & Support of sundry prisrs.
Same to John Shepherd for £3.13.9 for sundry necessaries to sick negro prisoners.
State Auditors Papers, Virginia State Library Archives 1776. (Printed in: V.M.H., Vol. 31, page 329.)126.
April 13 - Ditto [cash] paid Peter Pelham for his care and Support of sundry Prisoners taken by the Virginia Troops. -------- £168: 1: 1
Gilpin, William126-A
Memoirs of Josias Rogers, Esq.
London: Printed for T. Cadell…1808.1776. [May 9th]
This happiness, however lasted not long. In a few weeks on the 9th of May he was ordered to Williamsburgh; and was carried across Chesapeak bay in a whaleboat, looking in vain around him for some English tender to intercept them.
At Williamsburgh his confinement was more horrid than it had ever been: he was thrown into a vile jail, among criminals of all denominations. As he was meditating with horror the scene around him, a feeble voice, which he thought he knew, inquired who he was and from whence he came? On mentioning his name, an old acquaintance, Mr. Goodrich, a royalist of New York, with all the expedition that a heavy chain would suffer came up to him; who, with another old acquaintance, Mr. Blair, had been confined some months in that noisome place. The company of his friends, and the solace of recounting their several adventures to each other, alleviated in some degree the distresses of their situation, which were very great. The vault of the prison was full, and began to overflow: the weather became intolerably hot, the airhole was small, their food only bullick's lights and water; they were covered with vermin; and inveterate itch broke out among them, and the jail-fever began to appear. For the safety of the town it was now thought proper to pay a little more attention to the jail. The vault was cleaned, and the floor kept washed with vinegar, and strewed with wild mint, which had the desired effect, and checked the contagion. In the mean time, a flag of truce arrived; from which Mr. Rogers got some money, and was enabled to buy a few cloaths and other necessaries.
While he was in this loathsome confinement, his attention was called off from his own sufferings, by his humanity, to a still greater sufferer. A Poor boy was thrust into the prison, whom Mr. Rogers immediately knew. His name was Badcock, he belonged to Lymington, and had sailed in the Otter. The party into whose hands he had fallen, had inhumanly made him walk above an hundred miles in a very short time. When he arrived at the prison, he was quite exhausted, and a high fever immediately came on. Mr. Rogers got him what refreshments he could, if any thing could come under the name, which his miserable situation afforded. The poor boy languished two days, and on the third he died.
Mr. Rogers and his friends, having been confined near two months in this prison, were marched away under a guard, though they knew not to what place they were destined…
The Proceedings of the Convention of Delegates Held at the Capitol…Williamsburg… [May-July 1776] "Richmond 1816"127.[Friday, June 7, 1776]
"…Mr. Starke, from the committee appointed to inquire into and report the state of the prisoners confined in the public jail, reported, that they had, according to order, examined into the same; and that it appeared to them, that the said jail, being badly planned and situated for the purpose of admitting a free air, all the prisoners are more or less distressed on that account; that this inconvenience is greatly increased, as well by a large number of persons being under confinement in the same small apartment as the heat of the weather; that altho' most of the rooms seem to have been properly attended to, and kept in tolerable decency, an offensive smell, which they think would be injurious to the most robust health, prevails in them all, but which they think might in a great measure be removed by burning tar in and frequently purifying the rooms with vinegar; that the rooms in which the negroes are confined abound with filth, a circumstance, as they are informed, owing to the want of necessary hands to assist in providing for so large and unusual a number of prisoners; that several windows may, with safety, be cut in the walls of the jail; that ventilators, if properly fixed, would be of infinite service; that some complaints were made by the prisoners against the unwholesomeness of their diet, which, upon inquiry were found to be groundless; that John Goodrich, the elder, is at present, and hath been for three days past, indisposed with a slight fever, proceeding, as they imagine, from a restlessness and peevishness under his chains; that two gentlemen of the faculty have advised his removal to some other place, lest that disorder which at present is but slight, might in a short time for want of fresh air, terminate in a putrid fever.
Resolved . That the Convention doth agree with the committee in the said report, and that the said committee do immediately provide for the several matters mentioned in the said report; that the chains be taken off the said John Goodrich, and that he be conveyed to a proper place, under a strong guard, for the recovery of his health."
Virginia Gazette
Alex. Purdie, Ed.July 5, 1776.
STRAYED or STOLEN, out of the Palace pasture, a likely bay horse… Whoever delivers the said horse to Mr. Pelham at the publick jail, or the subscriber at Yorktown, shall have 20s. reward.
Binas Jones.
Journals of the Council of the State of Virginia 1776-1777, Volume I, page 129.Friday, August 23d. 1776.
Ordered that a Warrant to Peter Pelham Keeper of the Public Jai for Two hundred and thirty seven pounds Eleven Shillings and Six pence for the maintenance of sundry prisoners per account.
Virginia State Library, Archives128.
Auditor's Papers, Box 184.
Vouchers, 1777-1778.Account of Benjamin Powell, with the Commonwealth of Va.
(for the Prison)
1776 Septr. 9 To putting new Iron Grates on four Windows in the Prison 1.10. 0 To making two new large Window Frames a 15/ . 1.10 To 40 feet of large white oak scantling @ 3d. .10. To putting 12 Dead lights in the Prison Windows . . 6 To Repairing the Pailing round the yard & Garden . 7. 6 To 20 nails 2/3 - 60 feet Plank 7/6, 250 nails 4/12 .13.10 1/2 Barrel Tar . 7. 6 5. 4.10 ½ 1777.
July 13.
This acct. is True P. Pelham.
Journals of the Council of the State of Virginia 1776-1777, Volume I, page 162.Saturday, 14th September 1776.
Ordered, That the Keeper of the Publick Jail, do permit John Carmont, a sick prisoner in his custody to remove to the Publick Hospital, there to remain until he may recover his health.
Journals of the House of Burgesses of Virginia 1766- page 39.Monday November 4, 1776.
Also, a petition of sundry prisoners confined in the public jail, setting forth, that several of them, who have wives and families, have been for a long time imprisoned, and finding no method has been yet adopted for their trial, are under great apprehensions of suffering for want of necessary clothes during the inclemency of the approaching season, and praying such relief as this House shall judge reasonable.
Ordered, That the said several petitions be referred to the Committee of Propositions and Grievances; …
Journals of the House of Burgesses of Virginia 1776- Page 45.129.Thursday, November 7, 1776.
Mr. Braxton, from the Committee of Propositions and Grievances, reported, that the committee had, according to order, had under their consideration several petitions to them referred, and had come to the following resolutions…
Resolved, That the petition of the prisoners now in the publick jail, praying that some mode may be adopted for bringing to them to a speedy trial, and that in the mean time the petitioners may be furnished with clothing and blankets, is reasonable.
Journals of the House of Delegates of Virginia 1776- page 46.Thursday, November 7, 1776.
Ordered, That the Committee of Propositions and Grievances do prepare and bring in a bill For adopting some mode for the speedy trial of the prisoners confined in the publick jail; and that the keeper of the said jail do in the mean time procure, at the publick expense, necessary clothing and blankets for the said prisoners, agreeable to the first resolution.
Journals of the House of Delegates of Virginia 1776- page 61, 62.130.Monday, November 18, 1776.
Mr. Jefferson, from the Committee of Propositions and Greivances, to whom the bill For appointing commissioners of Oyer and Terminer for the trial of the criminals now in the publick jail, was committed, reported, that the committee had, according to order, had the same under their consideration, and had directed him to report the same, without any amendments; and he delivered the bill in at the clerk's table.
Ordered, That the said bill be engrossed and read a third time.
Page 62.
Tuesday, November 19, 1776.An engrossed bill For appointing commissioners of Oyer and Terminer for the trial of the criminals now in the publick jail, was read a third time, and the blanks therein filled up.
Resolved, That the said bill do pass, and that Mr. Jefferson carry the same to the Senate for their concurrence.
A Message from the Senate by Mr. Bland.
Thursday November 26, 1776.
Mr. Speaker,
The Senate have agreed to the bill For appointing commissioners of Oyer and Terminer for the trial of the criminals now in the publick jail, without any amendment.
Journals of the House of Delegates of Virginia 1776- page 77.131.Saturday, November 30, 1776.
Mr. Lee, from the Committee of Publick Claims, reported, that the committee had, according to order, had under their consideration the petitions of Bennit Thompkins and Andrew Waggoner, to them referred, and had agreed to a report… as follows:
Your committee find, that some time in November last four of the petitioner's slaves, together with several others, in attempting to get to lord Dunmore, were apprehended and sent to the publick jail; that at the time they were taken, sundry goods, to the value of twenty pounds, or thereabouts, were found goods, to the value of twenty pounds, or thereabouts, were found in the possession of Amy and Rachael, two to the slaves in the petition mentioned, part of which goods were several gowns, earrings, and other wearing apparel, the property of Elizabeth Tompkins, whose trunk (in her absence from home,) had been broke open, and those articles taken thereout; that the committee appointed in December last to inquire into the several cases of the prisoners confined in the publick jail, reported, that Rachael and Amy, belonging to Bennit Tompkins, had been guilty of a robbery in the county of York, and the Convention thereupon ordered them to be committed to the jail of the proper county, there to remain till discharge by due course of law, but the county jail being insufficient to secure them, and there being no sheriff in the said county of York to convene a court for their trial, they were committed to the publick jail, and before trail could be had, the said Amy was taken sick with the jail fever, (which at that time raged violently in the said jail,) and removed from thence to the hospital, where she died of that disorder; that the other slave Rachael has not yet been tried for that offence, the reason of which (the publick jailer says he has been informed) is, that she was not the principal offender, but an accomplice, and was intended to have been made use of as a witness against the said Amy upon trial.
…
Resolved, As the opinion of this committee, that the petition of Bennit Tompkins is reasonable, and that the said petitioner ought to be allowed the sum of 60 l. for his said slave Amy.…
The said resolutions being read a second time, were disagreed to by the House.Resolved, that the said petitions be rejected.
Journals of the House of Burgesses of Virginia 1776- page 80.Tuesday, December 3, 1776.
Resolved, That the petition of William Blaikley, praying to be allowed for the damage done his horses which were impressed to convey criminals from Pittsylvania to the publick jail, is reasonable, and that the petitioner be allowed the sum 40 s. for the same.
Journals of the Council of the State of Virginia 1776-1777, Volume I, page 293.Friday, December 20th, 1776.
Pursuant to a Resolution of the General Assembly It is Ordered that Joseph Prentis, John Minson Galt and James Southall Esquires be appointed to enquire into the Conduct of the Keeper of the Public Goal and report to this Board their Opinion thereof.
Journals of the Council of the State of Virginia 1776-1777, Volume I, page 302Monday, December 30th, 1776.
A Report was returned by the Persons appointed to enquire into the Conduct of the Keeper of the Publick Jail which was ordered to be filed.
Journals of the Council of the State of Virginia 1776-1777, Volume I, page 331.132.Thursday the 6th day of February 1777
Ordered that Pardons be made out for all the Prisoners in the public Jail under sentence of death except Mecum, they having been recommended to his Excellency the Governor & Council as Objects of mercy.
Vouchers from the Auditor's Papers
#184 - Archives, Virginia State Library
1777. The Country per Mr. Pelham Dr. to Phillip Moody £. s. d. April 9 To 7 feet of Plank 0: 0:10½ To fixing a Timer : 2: 6 To 1 Block for taking off Irons : 2: 6 " making a windless & wheel to the well 1:15: " repairing the well :15: " Putting on 1 Lock and bolt : 2: 6 " Repairing a door in the Debtors Room : 5: Puting in 23 wood panes @ 1/3 1:15: 0 " one large blind for Door 1:16: 0 " 90 Panels 6 ft. paling @ 20/ 90: 0: 6 £ 91:19: 4½ Peter Pelham.
Journals of the Council of the State of Virginia 1776-1777, Volume I, page 391.133.Thursday the 17th day of April 1777.
Ordered that Duncan McCarter, who was taken up in Princess Anne county, and sent by the commanding Officer at Portsmouth to Williamsburg, under suspicion of his being a spy, be committed to the public Jail, and treated as a prisoner of war till an enquiry can be made into the account he gives of himself, which if true, will entitle him to be considered such a prisoner.
…
The Guardhouse having been represented to this board as insufficient for the securing of sundry deserters and prisoners. It is Ordered that the Commanding Officer at this station be permitted to make use off [sic] the public Jail is hereby ordered to receive any such prisoners or deserters as the said Commanding Officer may think proper to send him.
Journals of the Council of the State of Virginia 1776-1777, Volume I, page 396.Monday the 23d. day of April 1777.
Ordered that the Keeper of the publick Goal, be directed to carry all the prisoners, under sentence of death to the Church in this City ever Sunday between the Time of their condemnation and execution.
Virginia Gazette
Alex. Purdie, Ed.April 25, 1777.
Broke out of the publick jail last night, DUNCAN M'CARTER, who was taken up in Princess Anne County. As he did not give a good account of himself, he was supposed to be a spy, but pretended to be a soldier in a Scotch Highland regiment. He is about 5 feet 5 or 6 inches high, of slender make, thin visaged and a very swarthy complexion, with black hair and eyes. He was dressed in a brown suit of clothes, with white buttons to the coat. Whoever apprehends and recommits to the publick Jail the said Duncan M'Carter shall receive FIVE POUNDS reward.
PETER PELHAM.
Journals of the House of Delegates of Virginia 1777-1780, page 6.134.Saturday, May 10, 1777.
A petition of Hamilton Usher St. George was presented to the House, and read; setting forth, that he has unjustly laboured under a suspicion of being unfriendly to the American cause, and … being accused of holding correspondence with Lord Dunmore, and supplying him with provision, himself and his negroes Jeffry and Jacob were apprehended and carried to Williamsburg by order of the committee of Safety; the negroes afterwards committed to the public jail, and himself sent back to his county for trial; that he was accordingly tried the 23d of the said month, and acquitted with honour, as will appear from a certificate granted him by the said court: in consequence of which his slaves were released from prison, and delivered to him, but not before they had received the infection of the jail fever, of which Jeffrey shortly after died; and praying to be allowed a reasonable satisfaction for the said slave.
Ordered, That the said petition be referred to the committee of Public Claims…
Virginia Gazette
Alex. Purdie, Ed.May 23, 1777.
Broke out of the publick jail, last Monday night, the following prisoner, viz. Adam Bell and Robert Lamb, two Tories… Both may be known as Scotchmen by their dialect four deserters, viz, Robert Jackson in the colonial service, under sentence of death. John smith, John Johnson and John Foster, of the continental army…
PETER PELHAM.
Journals of the House of Delegates of Virginia 1777-1780, page 31.135.Saturday, May 24 1777.
A memorial of Charles Lynch was presented to the House, and read; setting forth, that in May, 1776, this House ordered the negroes then in the public jail to be delivered to him for the purpose of making saltpetre, and that he should receive any sum of money out of the public treasury not exceeding 500 l. which together with a reasonable hire of the negroes, he was to pay in gunpowder, and is desirous to know what the hire of the negroes is to be and also what farther quantity will be taken of hi, as he can get it ready; and praying the same may be taken into consideration.
Ordered, That the said memorial be referred to the committee of Propositions and Grievances; …
Journals of the House of Delegates of Virginia 1777-1780, page 56.Tuesday, June 3, 1777.
Mr. Fleming presented to the House, according to order, a bill "for appointing commissioners of Oyer and Terminer for the trial of the criminals now in the public jail;" and the same was received and read the first time.
Resolved, That the bill be read a second time.
Journals of the House of Delegates of Virginia 1777-1780, page 100-101.Thursday, June 26, 1777.
Mr. Riddick reported, from the committee appointed to inquire into the conduct of the keeper of the public jail, that the committee had inquired accordingly, and had directed him to report the matter as it appeared to them, together with the resolution of the committee thereupon, to the House; and he read the report in his place, and afterwards delivered it in at the clerk's table, where the same was read, and is as followeth, viz:
It appears to your committee, from the testimony of Capt. John Morton, that having once an order to take prisoner out of the public jail, he came to the prison, and presenting it, a son of Mr. Pelham's directed a negro to take the keys and fetch the prisoner; that there were at that time other prisoners in confinement, and that a son of Mr. Pelham's was in the outer room.
It also appears to your committee, from the information of Mr. Strother (one of the committee) that on Sunday se'nnight, last, sometime before sunset, he came to the public jail, in company with the treasurer, and some other gentlemen, when sending to desire admittance to see a prisoner there, they were informed by the messenger (a little boy) he would be glad they would defer seeing him that day, and come some other time; but they desiring to be then admitted, the boy returned, brought the keys, and they were accordingly let in.
It also appears to your committee, from the information of 136. Mr. Riddick, (one other of the committee) that on Sunday night last, he brought a prisoner to the jail, and that it was near an hour before Mr. Pelham would get up to give him admittance, and that when he did come, he appeared to be much disguised with liquor.
It likewise appears to your committee, from the testimony of Mr. Benjamin Powell, that whenever any thing was wanting, to render the prison more secure, he had always been applied to by Mr. Pelham; that he is of opinion the jail is now as secure as it has been these fifteen years past, and that he does not believe, without conveniences, any man could break through it; that he has frequently, for a considerable time past, been in the said prison to examine the repairs it required, before as well as since Mr. Pelham became jailer, and never discovered any deficiency in his management, or a negro employed or entrusted with the keys; that he has often been early in the morning to the prison, but never could obtain admittance but when Mr. Pelham was present; that he has sometimes been obliged to return in a morning without getting in, otherwise knows no failure in Mr. Pelham's conduct. That he never saw him disguised with liquor in his own house, though sometimes, as other men, cheerful when abroad, and in company. That he thought him always particularly careful in examining if the prisoners had any instruments about them. And that he is farther of opinion that the number of people in and about the prison afford at this time a much greater opportunity of conveying in instruments for the use of those confined than formerly.
It farther appears to your committee, from the testimony of Mr. Thomas Russel, that he lived with Mr. Pelham, as an assistant in the jail, near seven months, during which Mr. Pelham was as diligent as any man. The prisoners were well treated. That Mr. Pelham was always very cautious in giving directions to the deponent. That in his time there were no escapes, and that he never saw him in liquor while he stayed.
It also appears to your committee, from the testimony of Mr. James Galt, that the deponent was once jailer himself, and thinks it impossible at times to prevent escapes. That things may be thrown over the wall, or otherwise conveyed, and the jailer be utterly incapable of preventing it.
It farther appears to your committee, from the testimony of Dr. Galt, that he has long been acquainted with Mr. Pelham, and has frequently attended as a surgeon at the jail. That Mr. Pelham's conduct has always been careful. That he has also been acquainted with several of the former jailers, and knows that escapes have been made under their management as well as under his.
137.It likewise appears to your committee, from the testimony of Mr. Blovet Pasteur, that he was born in this place, and does not remember one jailer during whose management some escapes have not been made. That he thinks escapes have lately been more frequent, but he believes that it is accounted for by the great increase of prisoners, and has the highest opinion of Mr. Pelham's principles as a friend to American freedom.
It farther appears to your committee, from the testimony of Mr. James Geddy, that he has had a long intimate acquaintance with Mr. Pelham, and can vouch for his humanity and sobriety. That he thinks the great number of prisoners these times afford offer sufficient reason for more frequent escapes than usual, and does not believe they have been more, in proportion to the number of prisoners, than in former times.
It also appears to your committee, from the testimony of Mr Bartlett Williams, that some time before the last court of Oyer and Terminer, being employed as a lawyer in defence of several prisoners, he had frequent occasion to visit the Jail. That he had always observed Mr. Pelham's conduct to be careful and diligent, and never saw him in liquor during his said attendance, and that he does not recollect ever to have seen a negro entrusted with the keys.
It likewise appears to your committee, from the testimony of Mr. James Southall, that he was appointed by Convention, among others, to examine into Mr. Pelham's conduct, which he found exceeding fair, both as to his care of the prisoners and the jail. That he remembers several escapes have happened in the time of former jailers, and that he does not believe it possible to find the means by which they were supplied with the instruments of their enlargement.
It likewise appears to your committee, from the information of Mr. Joseph Prentis, that he also was one of the number appointed with Mr. Southall for inquiring into Mr. Pelham's conduct. That they found the prisoners well pleased with their treatment, and that they looked very well.
Your committee likewise find, in the course of their inquiry, that one Littleton Ward, a prisoner confined as an enemy to this country, is too much at large in the said jail, which may be attended, among other bad consequences, with his using the opportunity of supplying such others, as are more closely confined, with the instruments and means of procuring their escape.
Whereupon your committee came to the following resolution:
Resolved, as the opinion of this committee, That from the number of escapes which have happened during the management of 138. Mr. Pelham, and which they conceive have been owing to his want of care, he ought to be discharge from his office of keeper of the public jail.
The said resolution being read a second time, and the question being put, that the House do agree with the committee in the said resolution,
It passed in the negative.
Journals of the House of Delegates of Virginia 1777-1780, page 102.Thursday, June 26, 1777.
The Senate are ready to proceed, by joint ballot with this House, to the choice of five justices of Oyer and Terminer, for the trial of the criminals now in the public jail.
…
The order of the day being read, for the House to proceed, by joint ballot with the Senate, to the choice of five justices of Oyer and Terminer for the trial of criminals now in the public jail.The House nominated several persons to be balloted for, …
Journals of the House of Delegates 1777-1780, page 110-111.139.Saturday, June 28, 1777
Resolved That the treasurer of this Commonwealth be directed to pay to the Rev. William Bland the sum of 50£. for his salary as ordinary of the public jail for one year, which ended the last day of April last, and also the annual sum of 50£. to commence from the said last day of April by half yearly payments, so long as he the said William Bland shall be continued in that office.
Hening, Statutes at Large 1775-1778, Volume IX, page 418.October 1777.
CHAP. XVII.
An act for establishing a General Court.
LXXII. The keeper of the publick jail shall constantly attend the general court and execute the command of the court from time to time, and take or receive into his custody all persons by the court to him committed on original or mesne process, or in execution in any civil suit, or for any contempt of the court, and him or them safely kept until thence discharged by due course of law, and may demand and receive of every such prisoner the legal fees for diet and care; but where such prisoner is so poor as not to be able to subsist him or herself in prison, the jailer shall be allowed by the publick one shilling per day for the maintenance of every such poor prisoner, and no security shall be demanded of him or her, nor shall he or she be detained for such prison fees. And the said jailer, during his continuance in office shall be exempted from serving in the militia and on juries, and shall have such allowance, over and above the fees, as by the general assembly shall be thought reasonable.
Journals of the House of Delegates of Virginia 1777-1780, page 19.140.Monday, November 10, 1777.
…
A petition of Edmond Ruffin, jun. was presented to the House, and read; setting forth, that in the month of October, 1775, a negro man slave named Dick, the property of the petitioner was apprehended in a attempting to get on board Lord Dunmore's fleet, and committed to the public jail; that in the month of December following, he applied to the committee of Safety for the said slave; but they refused to deliver him, intending, as they informed the petitioner, to send the said slave either to the West Indies or the lead mines; but before that step was taken the said slave died; and praying such compensation as shall be thought just and reasonable.Ordered, That the said petition be referred to the committee of Public Claims; and that hey do examine the matter thereof and report the same, with their opinion thereupon, to the House.
Journals of the House of Delegates of Virginia 1777-1780 page 34.Wednesday, November 19, 1777.
…
On information that a negro man slave has been committed to the public jail as a runaway; that he is unable to tell his master's name and is very naked; that the keeper of the said jail is unable to furnish him with a blanket or clothing; that while he remains in the said jail, he cannot have the use of fire, and that there is danger of his perishing with cold,Ordered, That the said keeper admit him to the necessary use of fire, in such apartments of his houses as may be convenient, and use what diligence he can to prevent his escape; and that if he should, notwithstanding, escape, the public will indemnify the said keeper.
Journals of the House of Delegates of Virginia 1777-1780, page 38.141.Saturday, November 22, 1777.
Resolved, that it is the opinion of this committee, That the petition of Edmund Ruffin, jun., praying to be allowed for his negro man Ned, who ran away and was taken up on his way to join Lord Dunmore, and sent to the public jail, where he remained for some time; and the petitioner not being anxious for his enlargement lest he might corrupt the minds of others; and the committee of Safety, from his behavior during confinement, thought proper to continue him in jail, where he remained for a considerable time; and when discharged, was delivered with several others to Capt. Eustace, but for what purpose does not appear, is reasonable; and that the petitioner ought to be allowed 60£. for the said slave, it being the sum to which he was valued.
Virginia Gazette
Alex. Purdie, Ed.November 28, 1777.
Committed to the publick jail, a runaway outlandish negro who speaks very bad English, scarcely to be understood. However from what I gather from him, his name is Will, and belongs to Mr. Berryman who keeps Sussex courthouse… His owner is desired to make as speedy application for him as possible that he may not suffer from the inclemency of the season.
P. PELHAM.
Journals of the House of Delegates of Virginia 1777-1780, page 90.Wednesday, December 24, 1777.
Mr. Richard Lee reported from the committee of Public Claims, to whom the petition of Edmund Ruffin, jun. was recommitted, that the committee had reconsidered the matter of the said petition, and had directed him to report the same as it appeared to them, together with the resolution of the committee thereupon, to the House; and he read the report in his place, and afterwards delivered it in at the clerk's table, where the same was read, and is as followeth, viz:
It appears to your committee, that the slave Dick in the petition mentioned, by endeavoring to get to lord Dunmore's fleet, was driven out to sea where he was taken up, and brought to Williamsburg, and committed to the public jail on the 7th day of December, 1775; that at the time he was committed, he appeared to be sick and continued in this State till the 29th of January following, when he, together with several other slaves who were then in confinement, were valued by persons appointed for that purpose by the committee of Safety, and then delivered by the jailor into the custody of Capt. Eustace, in order, as is supposed, to be put on board some vessel and transported to the West Indies, and since that time, has not been heard of; that the said slave Dick, was then valued to 15l. It likewise appears to your committee, that by a certificate of five honest and reputable men on oath, in the county of Bedford, who were well acquainted with the said slave, that at the time of his elopement, he was worth 60 l. current money of Virginia. Whereupon, your committee came to the following resolution:
Resolved, that it is the opinion of this committee, That 142. the petitioner ought to be allowed the sum of 15l. for his said slave.
The said resolution being read a second time, was, upon the question put thereupon, agreed to by the House.
Ordered, That Mr. Richard Lee do carry the resolution to the Senate, and desire their concurrence.
Hening, Statutes at Large 1775-1779, Volume 9 page 478.143.October 1778.
CHAP. VI.
An Act to empower the Governour and Council to superintend and regulate the Public Jail.
WHEREAS the extraordinary rise of every kind of provisions renders it impossible for the keeper of the publick jail to maintain the prisoners for the former allowance of one shilling per day for each prisoner, ad the great increase of prisoners may render it necessary to increase the salary of the jailer in proportion to his extraordinary trouble, which cannot be so well done by the general assembly:
Be it enacted by the General Assembly, and it is hereby enacted, That from and after the first day of January next, the governour, with the advice of the council, shall have the direction of the publick jail, and he is hereby empowered, from time to time, to order and direct such allowances to be made for the maintenance of the prisoners confined there, and to fix what shall be paid to the keeper thereof for his trouble, as the said governour, with the advice aforesaid, shall think reasonable. And he is hereby empowered to certify such allowances from time to time to the board of auditors, who are hereby directed to debit the same, and to give a warrant upon the treasurer for the payment thereof.
This act shall continue and be in force until the end of the next session of assembly and no longer.
Journals of the House of Delegates of Virginia 1777-1780, page 48.Friday, November 6, 1778.
8. Resolved, that it is the opinion of this committee, That the petition of John Boram, William Robertson and Frederick Moss; praying to be allowed for the use of their horses, which were impressed for the purpose of conveying Thomas Potter, Randolph Boush and Robert Williamson, criminals from the jail of the county of Halifax to the public jail, is reasonable and that the petitioners ought to be allowed each the sum of 1 l. 10 s. for the same.
Journals of the House of Burgesses of Virginia 1777-1780, page 97.Thursday, December 3, 1778.
9. Resolved, that it is the opinion of this committee, That the farther consideration of the memorial of Charles Lynch, praying to be released from his contract of furnishing the public with gun powder at 6s. per pound, to the amount of the hire of certain negroes taken out of the public jail, and put into this possession; as also for repayment of 500 l. furnished him out of the public treasury, and to be allowed to pay such balance in money, with interest thereon, be referred to the next session of Assembly.
Journals of the House of Delegates of Virginia 1777-1780, page 123.144.Friday, December 18, 1778.
The Senate have also agreed to the bill, entitled "an act, for farther suspending the payment of the salaries heretofore given to the clergy of the Church of England;" and to the bill, entitled "an act, to empower the Governor and Council to regulate and superintend the public jail."
Journals of the House of Delegates of Virginia 1777-1780, page 33.Thursday, June 3, 1779.
Mr. Lyne presented, according to order, a bill "for continuing an act, entitled 'an act to empower the Governor and Council to superintend and regulate the public jail;…
Journals of the House of Delegates of Virginia 1777-1780, page 34.Friday, June 4, 1779.
A bill, "for continuing an act, entitled 'an act to empower the Governor and Council to superintend and regulate the public jail," was read the second time, and ordered to be engrossed and read the third time.
Journal of the Senate of Virginia, 1778-1779. Richmond: 1828, page 32.145.Friday, June 11, 1779.
A Message from the House of Burgesses…
That they have agreed to a resolution,…
…: also, to a resolution, that he Governor and Council shall, and they are hereby required to settle the accounts of the public jailer, from the 20th day of December 1777, until the 1st day of January 1779, in the same manner as they are now by law authorised and required to do from the said 1st day of January last; …
Hamilton, Governor Henry147.
Extracts from the journal.
Harvard University LibraryJune 15, 1779.
June 15, 1779. About Sunset reached Williamsburgh, wet, jaded, dispirited, forming ideas of what sort of Judicial examination I was to undergo. By the time we reached the Palace as it is called, the Governor's residence our escort of curious persons had become every numerous. The Officer went in to give account of his mission, and we remained on Horseback before the door expecting the civilities naturally to be looked for from a Man the first in place in the Province. In half an hour not finding our expectations answered, I flung myself from my horse fatigued and mortifyed to be left a spectacle to a gazing crowd. We were however soon relieved from the painful state of uncertainty by the appearance of the Officer, who conducted us to the Common prison, distant a small mile, our attendants increasing every step. At the Jail we were received by the Jailor, a character, however beneath other peoples notice, which soon called our attention, and which I shall touch upon elsewhere.
The opening and shutting doors and barriers, unbolting some cells, and giving directions in an authoritative voice perhaps were designed to appall us poor Devils, and bring us to a due sense of our situation. My reflections were by no means tranquil, but curiosity with a large share of indignation rose to the surface in turns. We traversed a small court 20 feet square, walled to the height of 30 feet. A Cell Door was opened when the first object that presented itself to my sight by a dim twilight was Mr. Dejean-- which of the parties was most surprised was doubtfull, but which was most affected appeared to be the Justice, who burst into tears and exclamations on seeing us in such a garb and condition. This poor man had as delicate a sense of danger as either Sancho or Partridge and now Gibbets and wheels presented themselves to his fancy in all their horrors. The jailor put us in, and having no further occasion for us went his way. Now had we had a hot supper to sit down to, some good wine, liberty of speech and comfortable beds to lye down on, and our handcuffs taken off, it would have been a considerable alleviation.
But I had better proceed to tell what we had, and it will spare the time of particularizing the many things we had not. We had for our domicile a place not ten feet square by actual measurement, the only light admitted was through the grating of the door which opened into the court above mentioned. The light and air were nearly excluded for the bars of this grating were 146. from three to four inches thick. In one corner of this smug mansion was fixed a kind of Throne which had been of use to such miscreants as us for 60 years past, and in certain points of wind rendered the air truly Mephytic-- opposite the door and nearly adjoining the throne was a little skuttle 5 or six inches wide, through which our Victual was thrust to us. It is not necessary to describe the furniture, as such folk as were destined to be residents here had no occasion for superfluities. The Jaylor had not been long gone when I heard the noise of a flint and steel a match was lighted, and by its light I espyed certain other persons who were utter Strangers to me. These worthy gentlemen when a candle was lighted offered me their services assuring me they were very sorry to see persons of our situation so hardly used. I must describe these persons as we shortly became acquainted. One was Mr. Collins who had been a Drummer in the British Service, but having deserted, no doubt for very prudential reasons, and finding the provincial pay insufficient for the support of a man of pleasure, had fallen upon a method of setting that matter right, by counterfeiting the current money of the State. The second was Mr. Spuss (Speers?) who had been a Victualeer in the borough of Southworth, he had had his reasons for coming to America, and had an equal right with Mr. Collins to imitating the manner of the engravers employed by the Commonwealth for making what they called limber dollars. Mr. Spus(s?) he played on the fiddle, and perhaps to his enlivening strains I owe that I am able to write these Memoirs. A Sailor who did not like staying on board was a third. They were all very fond of Mirth and Rum, the latter greatly promoting the former so that in a short time three of six that we were, betook themselves to dancing, but Mr. Speers(?) was not firm enough to play and dance long so he sat on the throne, playing to the other Gentlemen, who may with propriety be said to have danced well. These good people however had the charity of offer us some rum which we were not so unwise as to refuse, so laying down in our wet cloaths on the boards we passed the night as well as we could.
Official Letters of Governors of Virginia
Volume II, page 11.
(From "Memoir, Correspondence and Miscellanies from the Papers of Thomas Jefferson," edited by Thomas Jefferson Randolph, I. 455).In Council, June 18th 1779.
… this board has resolved to advise the Governor, that the said Henry Hamilton, Philip Dejean and William Lemothe, prisoners of war, be put into irons, confined in the dungeon of the public jail, debarred the use of pen, ink and paper, an excluded all converse, except with their keeper. And the Governor orders accordingly.
Arch: Blair, C. C.
Royal Gazette, New York, July 15, 1780
Published by James RivingtonLoose Notes of the proceedings and sufferings of Henry Hamilton, Esq., Governor of Le Detroit, with the party that accompanied him from that post, to their imprisonment in the rebel goal in Williamsburg, Virginia.
June 15, 1779.
15th June. (1779). An American officer came to them from Williamsburg, with orders to lay Governor Hamilton in irons, with Capt. Lemoth, which piece of cruelty was performed before his officers, who shed tears of indignation that their worthy Chief should be so treated; they were marched on foot hand-cuffed through rain, their wrists much hurt from the chafing of the irons, they would not allow him his waiting boy; they were marched in great pomp through Williamsburg city, and committed to the dungeon with felons, murderers, and condemned criminals, not so much as a blanket allowed them, their hand-cuffs were knocked off, and heavy chains put on their legs before great numbers of people. Mr. Dejean, Justice of Peace of Detroit, was also put in irons for reasons of State-RETALIATION- and to prevent their acting with Indians, 75 days were they loaded with irons in a dungeon 9 by 10 feet, no one admitted to have access to them, except the jailor's (Cerebus)-- Major Hay, Lieutenant Shieffelin, &c. remained at Chesterfield, under guard until the 28th of August,…
31st. August we were marched on foot, passed through 148. Williamsburg to the common jail, where they kept us at the door for 3 or 4 hours… they were now 8 in number, hardly room to stretch themselves,… the jailor representing the dreadful situation they were in, as also their privates who were confined in another apartment, when after some time deliberating the infamous Executive council indulged them by separating the officers, viz. Capt. Lemoth, Lieut. Shieffelin, Mr. Dejean, and Surgeon M' Beath, in a Debtors Room an upper apartment, the others in the dungeon, the doors to be left open until evening and to shut, at the same time with the criminals.
…… The whole winter did they pass without a stick of wood allowed them, blankets were demanded for them by the Keeper, who got for answer that no blankets could be given for the,… The Executive restricted them from having their meals as usual from the tavern, at their own expense, but ordered them to be pout on prison allowance, salt beef damaged, and Indian meal…
J. Schiefelin
1st. Lieut. Detroit Volunteers.
Hamilton, General Henry
Diary
From: Photostats of papers in British Museum
ADD. MSS. #24320. Papers Relating to the Surrender of Ft. Sackville, N.A. 1778-1781.
Loaned to W & M College by L. of C.June 17, (1779)
… We arrived the second evening at Williamsburg having come 60 mi. We were conducted to the palace where we remained about half an hour in the street at the Governor's door… On our arrival there [the jail] we were put into a cell not ten feet square,… the light we received was from a grate which faced the court of 20 feet square with walls 30 feet high… The prisoners in the next cell contrived to thrust the news papers thro' a hole and in them we fond the formal charge drawn up against us…
Aug. 31. Major Hay with the other prisoners from Chesterfield arrived at Williamsburg, the soldiers were confined in the debtors room, the officers, five in number were put into the Dungeon with us… The door of our cell continuing shut for several days, the poor prisoners… offered to be locked up and 149. debarred the use of the court, if we might be allowed that liberty which at length we had…
Oct. 9th. The soldiers were sent from the jail to the Barracks which being allowed to cut wood a part was sent to the jail for us. On Xmas day the soldiers were marched away to King William county. The weather at this time became so intensely cold, that we could not rise from the floor but continued day and night in our blankets… The jailer … took us to an upper room in the jail where prisoners had formerly been kept, this though it had no window but an open grate was more tolerable than the Dungeon, we could light fire in the Chimney and by sacrificing part o four blankets to stop the grated window and stuff the cracks in the ceiling we made a shift to endure in the day time. At night we were remanded to our Dungeon…
Aug. 1, 1780. We were marched from Williamsburg.
This document is endorsed: Copy of a letter to General Haldimand
London 6, 1781.
Calendar of Virginia State Papers & Other Manuscripts
Volume I, 1652-1781.
Page 321.July 22d 1779
Gov: Jefferson to the Governor of Detroit--
"Sir
Your letter on the subject of Lieutenant Governor Hamilton's confinement came safely to hand. I shall with great chearfulness explain to you the Reasons on which the advice of Council was founded, since after the satisfaction of doing what is right the greatest is that of having what we do approved by those whose opinions deserve esteem.We think ourselves justified in Governor Hamilton's strict confinement, on the general principle of national retaliation. To state to you the particular facts of British Cruelty to American prisoners, would be to give a melancholy history from the Capture of Colo Ethan Allen at the beginning of the war to the present day: a history which I will avoid, as equally disagreeable to you & to me. I with pleasure, do you the justice to say that I believe those facts to be very much unknown to you, as Canada has been the only scene of your service in America, and in that quarter we have reason to believe that Sr Guy Carleton and other officers commanding 150. there, have treated our prisoners (Since the instance of Colo Allen) with considerable lenity. What has been done in England, & what in New York and Philadelphia, you are probably uninformed; as it would hardly be made the subject of epistolary correspondence. I will only observe to you Sir, that the confinement and treatment of your officers soldiers & seamen have been so vigorous and cruel, as that a very great proportion of the whole of those captured in the course of this war & carried to Philadelphia while in possession of the British army, and to New York, have perished miserably from that cause only, and that this fact is as well established with us, as any historical fact which has happened in the course of the war. A gentleman of this Commonwealth in public office, and of known & established character, who was taken on sea, carried to New York and exchanged, has given us lately a particular information of the treatment of our prisoners there.
Officers taken by land, it seems, are permitted to go on parole within certain limits on Long Island, till suggestions shall be made to their prejudice by some Tory refugee, or other equally worthless person, when they are hurried to the Provosts in New York, without enquiring whether they be founded upon positive facts, be matter of heresay, or taken from the reports of interested men. The example of enquiring into the truth of charges of this nature according to legal principles of evidence has surely not been set us by our Enemies. We enquired what these Provots were, and were told they were the common miserable jails, built for the confinement of malefactors, officers and men taken by sea, and kept in prison ships infested with ___________ been ______ on by the crowd ______ from five to ten a day.
When therefore we are desired to advert to the possible consequences of treating prisoners with rigour, I need only ask you Sir, who have had as good opportunities as any British officer of learning in what manner we treat those whom the fortune of war has put into our hands can clear us from the charge of rigours, as far as your Knowledge or information has extended. I can assert that Governor Hamilton's is the first instance which has occurred in my own Country, and if there has been another in any of the United States, it is unknown to me. These instances must have been extremely rare; if they have ever existed at all, as they could not have been altogether unheard of by me. When a uniform exercise of kindness to prisoners on our part, has been returned by as uniform severity on the part of our enemies, you must excuse me for saying it is high time, by other lessons, to teach respect to the dictates of humanity. In such a case retaliation becomes an act of benevolence.
But suppose Sir, we were willing, still longer to decline the drugery of general retaliation: yet Governor Hamilton's conduct has been such as to call for exemplary punishment on him 151. personally. In saying this I have not so much in view his particular cruelties to our Citizens, prisoners with him (which, tho, they have been great, were of necessity confined to a small scale) as the general nature of the service he undertook at Detroit, and the extensive exercise of cruelties which that involved-- Those who act together in war are answerable to each other. No distinction can be made between the principal and ally by those agst whom the war is waged-- He who employs another to do a deed makes the Deed his own. If he calls in the hand of the assassin or murderer, himself becomes the assassin or murderer. The known rule of warfare with the Indian Savages is an indiscriminate butchery of men women and children. These Savages under this well known character are employed by the British Nation as allies in the War against the Americans. Governor Hamilton undertakes to be the conductor of the war. In the execution of that undertaking he associates small parties of whites under his immediate command with large parties of the Savages, & sends them to act, sometimes jointly, sometimes separately, not agst our Forts or armies in the field, but the farming settlements on our frontiers. Governor Hamilton then is himself the butcher of men women and Children. I will not say to what length the fair rules of war would extend the right of punishment against him: but I am sure that confinement under its strictest circumstances as a retaliation for Indian devastation & Massacres must be deemed Lenity. I apprehend you had not sufficiently adverted to the expression in the advice of the Council, when you suppose the proclamation there alluded to, to be the one addressed to the Inhabitants of the Illinois, afterwards printed in the public papers & to be affirmed to contain ________ denunciations __________ ________ __________ _____________ ___________ ____________ ___________ Proclamation then alluded to, contained nothing more than an invitation to our officers and Soldiers to join the British arms against those whom he is pleased to call Rebels and Traitors. In order to introduce these among our people they were put into the hands of the Indians, and in every house where they murdered or carried away the family they left one of these proclamations. Some of them were found sticking in the breasts of the persons murdered, one under the hand and seal of Governor Hamilton came to our hands. The Indians being the bearer of proclamations under the hand and seal of Governor Hamilton (no matter what was the subject of them) there can be no doubt they were acting under his direction: and as including this proof, the fact was cited on the advice of the Council. But if you will be so good as to recur to the address of the Illinois, which you refer to, you will find that tho' it does not in express terms threaten vengence blood & massacre, yet it proves that the Governor had made for us the most ample provision of all these calamities. He then gives in detail the horrid Catalogue of Savage nations, extending from South to North, whom he had leaged with himself to wage combined war on our frontiers: and it is well known, that that war would of course to be made up of blood, and general massacre of men, women & children. Other papers of Governor Hamilton have come to 152. our hands, containing instructions to Officers going out with scalping parties of Indians & whites & proving that that kin of war was waged under his express orders-- further proof in abundance might be added, but I suppose the fact two notorious to need them.
Your letter seems to admit an inference, that whatever may have been the general conduct of our enemies towards their prisoners, or whatever the personal conduct of Governor Hamilton, yet, as a prisoner by capitulation, you consider him as priviledged from strict confinement. I do not pretend to an intimate knowledge of this subject. My idea is that the term "prisoner of war" is a generic one, the specification of which is 1st Prisoners at discretion: & 2nd prisoners in convention or capitulation. thus in the debate in the House of Commons of the 27th november last, on the address, the minister speaking of General Burgoyne (and in his presence) says he is a "prisoner," and General Burgoyne calls himself a "prisoner under the terms of the Convention of Saratoga," intimating that tho' a prisoner, he was a prisoner of particular species entitled to certain terms. The treatment of the first class ought to be such as is approved by the usage of polished nations: gentle and humane, unless a contrary conduct in an enemy or individual render a strict treatment necessary. The Prisoners of the 2nd Class have nothing to exempt them from a like treatment with those of the 1st except so far as they shall have been able to make better terms by articles of capitulation. So far then as these shall have provided for an exemption from strict treatment, so _____ prisoners on C________ have a right to be distinguished from those at discretion. I do not propose _______ history furnishes where certain causes anticedent thereto: tho' such instances might be produced from English history too; and in one case when the King himself commanded in person, Marshall Boufflers after the taking of the Castle of Namur, was arrested and detained prisoner of war, by King William tho' by an Article in the Capitulation, it was stipulated that the Offices & Soldiers of the Garrison in General, and Marshall Bufflers byname, should be at liberty. However we waive reasoning on this head, because no article in the Capitulation of Governor Hamilton is violated by his confinement.
Perhaps not having seen the Capitulation, you were led to suppose it a thing of course that, being able to obtain terms of surrender, they would first provide for their own treatment, I inclose you a copy of the Capitulation by which you will see that the 2d Article declares them prisoners of war, and nothing is said as to the treatment they were to be entitled to. When Governor Hamilton signs indeed, he adds a flourish, containing the motives inducing him to capitulate, one of which was confidence in a generous enemy. He should have reflected that generosity on a large scale would take side against him. However these were only his private motives & did not enter into the contract with Colo Clarke-- Being prisoners of war then, with only such 153. privileges as their Capitulation has provided, and that having provided nothing on the subject of their treatment, they are liable to be treated as other prisoners. We have not extended our order as we might justifiably have done; to the whole of this Corps. Governor Hamilton and Captain Lamothe alone, as leading offenders, are in confinement. The other officers & men are treated as if they had been taken in justifiable war: the officers being at large on their parole, and the men also having their liberty to a certain extent. Dejean was not included in the capitulation being taken 8 Days after on the Wabache 150 miles from St Vincennes.
I hope Sir, that being made more fully acquainted with the facts on which the advice of Council was grounded, and exercising your own good sense in cool and candid deliberation on these facts, 7 the consequences deducted from them according to the usage & sentiments of civilized nations, you will see the transaction in a very different light from that in which it appeared at the time of writing your letter, and ascribe the advice of the Council, not to want of attention to the sacred nature of public Conventions, of which I hope we shall never in any circumstances, lose sight, but to a desire of stopping the effusion of ye unoffending blood of women & children, and the unjustifiable severities exercise on our captive officers & soldiers in general, by proper severities on our part.
I have the honor to be, with much personal respect,
Sir,
yor most obedt & most hble Servant."[Thomas Jefferson]
Journals of the House of Delegates of Virginia 1777-1780, page 10.154.Saturday, October 16, 1779.
Resolved, that it is the opinion of this committee, That the act of Assembly, passed in the year 1778, entitled "an act to empower the Governor and Council to superintend and regulate the public jail," which was continued by an act, entitled "an act for continuing an act, entitled "an act to empower the Governor and Council to superintend and regulate the public jail," which will expire at the end of this present session of Assembly, ought to be farther continued.
Journals of the House of Delegates of Virginia 1777-1780, page 33.155.Monday, November 1, 1779.
Mr. Carrington presented, according to order, a bill "for farther continuing an act, entitled 'an act to Empower the Governor and Council to superintend and regulate the public jail;" and the same was received and read the first time, and ordered to be read a second time.
[Endorsed] Novr 9th 1779 - Bland's Pettion refd to Trade reasonable allowed £200 for his Services for a Year, from the time last allowance was made.
To the honourable The Speaker & gentlemen of the House of Deligates --The Petition of Wm Bland.
Humbly Sheweth
That some Time before the commencement of the present War, your Petitioner was, by the Governor & Council appointed Ordinary of New-Gate, with a salary of sixty Pounds Sterling a year-- That since the War he has been continued in that office, by your honourable House with an allowance of one Hundred Pounds a year --Which your Petitioner humbly conceives to be vastly inadequate to his services-- By a late act of Assembly the Duties of that Office oblige your Petitioner to a constant attendance at the public Jail for five Months in the year--and from the daily increase of those unfortunate Persons who are the Objects of his Care, he fears the Day is very distant, in which his services will be unnecessary-- As humanity must shudder at the mear rehearsal of the misfortunes of the distressed-- I leave it to this honourable House to determine what must be the feelings of that Man, who, from the duties of his office, is obliged to be a frequent Spectator of the distresses of those unhappy Persons who are Sentenced to die-- indeed it has been a great consolation to your Petitioner, when from his advice and endeavours, he has observed some of those unfortunate wretches submit to their fate with a Christian resignation-- yet an attendance on those, & the disagreeable necessity of following them from the Prison to the place of execution would wound the feelings of the hardest heart-- & has often so deeply affected your Petitioner, that he has frequently determined to resign his Office-- Your Petitioner therefor humbly hopes your honourable House will take his case into their consideration, and grant him such an addition to his salary as they in their Wisdom shall think meet, & your Petitioner shall ever pray &c.
Journals of the House of Delegates of Virginia 1777-1780, page 50.Wednesday, November 10, 1779.
Also, a petition of Theodorick Carter, Alexander Guthry, William Hendrick and David Findley; setting forth, that they were impressed as a guard by the sheriff of Cumberland to convey a prisoner to the public jail; that the allowance made them by the auditors is inadequate to their expenses and trouble; and praying a farther allowance.
Journals of the House of Delegates of Virginia 1777-1780, page 51.Wednesday, November 10, 1779.
Mr. Carrington reported, from the committee to whom the bill, "for farther continuing an act, entitled 'an act to empower the Governor and Council to superintend and regulate the public jail," was committed, that the committee had, according to order, had the said bill under their consideration, and had gone through the same, and made several amendments thereto, which he read in his place, and afterwards delivered in at the clerk's table, where the same were again twice read, and agreed to by the House.
Ordered, That the bill, with the amendments, be engrossed and read the third time.
Account Book #3.156.
1779-1780, Virginia State Library Archives. page 178.Nov. 16, 1779.
Nov. 16, 1779- To Dr. Wm. Carter for his attendance, Medicines &c furnished the public Jail.
Journals of the House of Delegates of Virginia 1777-1780, page 64.Friday, November 19, 1779
Resolved, that it is the opinion of this committee, That the petition of Theodorick Carter, Alexander Guthrey, William Hendrick, and David Fendley, praying a farther allowance for their services and expenses than was allowed them by the auditors in attending as guards over a criminal from Cumberland county to the public jail in the month of September last, he rejected.
Journals of the House of Delegates of Virginia 1777-1780, page 68.Tuesday, November 23, 1779.
A memorial of Peter Pelham was presented to the House, and read; setting forth, that by a deduction from the sum of tobacco allowed him upon the passing of his accounts as keeper of the public jail at the laying the public levy, and the delay consequent thereon, he hath sustained particular inconvenience and loss, and praying relief.
Auditors Account Book, 1780.
Virginia State Library, No. 5, page 94.May 15th, 1780.
Publick Goal Dr.
Warrt. to Humphrey Harwood for work & Materials in repairing the walls… £ 8:12: 0.
Journals of the House of Delegates of Virginia 1777-1780, page 86.157.Thursday, July 13, 1780.
Resolved, That the Governor be, and he is hereby desired to cause Governor Hamilton and the other prisoners of war, at this time confined in the jail of Williamsburg, to be immediately removed to some place of greater security.
Calendar of Virginia State Papers & other Manuscripts
1652-1781, Volume I, page 378.October 10th, 1780.
I, Henry Hamilton, Lieutenant Governor and Superintendt of Detroit, do hereby acknowledge myself a prisoner of War to the Commonwealth of Virginia, and having permission from his Excellency Thomas Jefferson, Governor of the said Commonwealth to go to New York, do pledge my faith and most sacredly promise upon my parole of Honor, that I will not do, say, write or cause to be done, said or written, directly or indirectly, in any respect whatsoever, any thing to the prejudice of the United States of America, or any of them until I shall be enlarged from my Captivity by Exchange or otherwise with the consent of the said Governor of Virginia or his Successors, and that I will return when required by the said Governor or his Successors, to such place within the said Commonwealth as he shall point out and deliver myself up again to him or the person acting for or under him--
In testimony whereof I have hereunto set my hand and seal at Chesterfield, this 10th day of October 1780--
HENRY HAMILTON.
Journals of the House of Delegates of Virginia 1777-1780, page 35-36.158.Saturday, December 2, 1780.
Also, a petition of Harry Terrill; setting forth, tat pursuant to orders from the commanding officer of Bedford county he conveyed a number of persons charged with treason to the public jail; that the presented his account for the expenses of himself and the guard who attended him to the auditors of public accounts, who refused to allow more then one shilling and four pence each, for the expense of themselves and horses per day; and praying such farther allowance as may be thought reasonable.
Journals of the House of Delegates of Virginia 1777-1780, page 60.Wednesday, December 20, 1780.
Resolved, That it is the opinion of this committee, That the petition of Harry Terrell, setting forth, that in the month of September last, he received orders from the commanding officer of Bedford county to summon a guard for the purpose of conveying to the public jail, a number of men on suspicion of treason; that he accordingly summoned a guard of eight men for the purpose aforesaid, and delivered the said suspected persons into the custody of the keeper of the public jail at this place; that the auditors of public accounts, would only allow him and the persons who attended him as a guard, the sum of one shilling and four pence per day, each, while on the said service; and praying a farther allowance, be rejected.
Account Book #6.
1780-81, Virginia State Library Archives, page 519.May 13, 1781.
May 13, 1781 - Wm. Rose, expenses in moving criminals from Williamsburg to Richmond.
Nov. 22, 1781 - To James Rowsay for the same.
Hening, Statutes at Large 1782-1784, Volume II, page 108.October 1782.
CHAP. III.
An act to continue the act intituled, An act to empower the judges of the general court to superintend and regulate the public jail.
I. WHEREAS the act of assembly passed in the year one thousand seven hundred and seventy-nine, intituled, "an act to empower the judges of the general court to superintend and regulate the public jail," will expire on the first day of January next, and it is expedient and necessary that the same should be continued: Be it therefore enacted, That the act intituled, "An 159. act to empower the judges of the general court to superintend and regulate the public jail," shall continue and be in force from and after the expiration thereof, for and during the term of two years, and from thence to the end of the next session of assembly, and no longer.
Harwood, Humphrey
Mss. Ledger B. B-47.
The Corporation of Wmsburg 1782 Dr Novemr 14th To 14 bushs of lime @ 1/6 & Hair 2/6 & 50 larths 1/ 1. 4. 6 To 100 Nails 2/6 & 2 ½ days labor @ 4/ .12. 6 To Repairing larthing & plastering 2 Rooms 26/ at Prison 1.16. To laying Harth 5/ . 5. 3.18. 0
Harwood, Humphrey160.
Mss. Ledger B, B-60.
The Corporation of Williamsburg 1783 Dr Novr 27 To 4 bushls lime 4/. Repairing windows to Jail 5/ & labr 2/ .11. 1784 April 16th To 21 Bushs of Lime at 1/ & to 6 days labour at 2/6 2. 2. To repairing Prison wall, Vaults &c 48 2. 8. 24 To 8 bushls of Lime at 1/ & repairng well 7/6 .15. 6 Nov. 5 To 1200 bricks at 3/ & 18 bush. of lime a 1/ . 2.14 To repairing Drane 24/ & 4 days lar a 2/6 1.14. (carried to folio 54)
Hening, Statutes at Large 1782-1784, Volume II, Page 381.May, 1784.
CHAP. XVIII.
An act concerning the goal in the city of Williamsburg.
I. BE it enacted by the General Assembly, That all persons taken on civil or criminal process in the county of James City, may be committed to the public goal in the city of Williamsburg, in like manner as if the same was within the limits of the said county.
[Endorsed] Their petition, June 5th 1784, Referred to Propositions (reasonable) (repd)
To the Honble the Speaker & Gentlemen of the House of Delegates
The Petition of the Justices of the County of James City Humbly sheweth that the public Jail in the City of Williamsburg is at present not made use of by any but the Corporation of the said City and the Jail of the said County is out of repair & unfit for use. that it would save the expence of repairing the County Jail, to the said County, and do no injury to the public if the said public Goal should jointly be us'd by the County of James City & the corporation of the City of Williamsburg. Your Petitioners therefore humbly pray that an Act may pass for that purpose.
Harwood, Humphrey161.
Mss. Ledger B, C-37
The Public (for the prison) 1790 Dr April 19th To 4 bushels of lime @ 9d & 148 Bricks 4/6 : 7: 6 To mending the walls &c. 7/6 : 7: 6 Octor 19 To 200 Bricks a 2/9 & 5 bush. lime @ 9d : 9: 3 To mending prison wall 7/6 : 7: 6 N. B. If this work is not allowed by the public I. Fenton is chargeable by consent.)
Harwood, Humphrey
Mss. Ledger B, D-5.
Commissioners appointed for repairing Jail 1790 Sept. 30th To 10 days Hire of Jerry @ 4/ pr. day 2: 0: 0 To 4 do. of Nat @ do. :16: To 4 ½ do. of Duffie @ 1/6 : 6: 9 To 50 Bushls Lime @ 9d 1:17: 6 5: 0: 3 By order of Ben Powell.
Hening, Statutes at Large 1789-1792, Volume 13, page 269.October 1791.
CHAP. XXVI.
An act concerning the public Gaol in the City of Williamsburg, and for other purposes.
(Passed November 14th, 1791.)
SECT. I. BE it enacted by the General Assembly, That from and after the passing of this act, the city of Williamsburg shall have a right to use the public gaol therein, as the gaol of the said city; and the district gaoler therein, shall act as keeper of the gaol of the said city. Nothing in this act shall alter or impair the right of the county of James City, or of the district wherein Williamsburg is, to the use of the said public gaol.
SECT. 2. And be it further enacted, That whenever the gaol of a county is used as a district goal, the keeper of the county gaol, and no other shall act as keeper of the goal of the said district; any act or part of an act to the contrary notwithstanding.
Mandrillon, Le Spectateur American162.
Amsterdam: 1782, page 1671794.
…; there are many squares or market places very large, as well as two prisons, one for the criminals, the other for debtors.
Adams, Michael
New Royal System of Universal Geography, 1794
London: 1794, page 361.1794.
… Besides this college there are some other handsome edifices in Williamsburg as the town house the church, a magazine for arms and ammunition, a public prison, a fort and a play-house.
York County, Virginia
1763-1769 -Deeds- Volume VII, page 405.December 10, 1801.
Tazewell, Littleton Waller
of Norfolk to
Tazewell, WilliamConsideration: 200 Pounds.
A certain house and lot of land lying and being in the city of Williamsburg and County of York, on the North side of the street running from Palace Street to the Jail opposite to the lots of William Lee, bounded on the East by the lot or lots of Joseph Ferguson and on the West by a public lane. …
Ibid. page 506.August 20, 1806
Taylor, James and
Davis, James; Cowan, Hendry
and Cole, JesseConsideration: Bond for James Taylor, Jailor.
Three negro slaves and their increase. Also 1 mahogany table, 3 beds, and furniture, 1 mahogany desk, 1 pr. card tables, 10 prints, two walnut tables, horses, cattle, and all kitchen furniture.
Martin, Joseph163.
A new comprehensive Gazetteer of Virginia and the District of Columbia…
Page 198-199.(1835)
… Besides the courthouse and other public buildings mentioned, there is a public jail, an Episcopal church, Methodist chapel and on Baptist meeting house. The public buildings were no doubt erected at great expense, but now present the appearance of decaying grandeur.
Williamsburg in 1844
Vandergrift, Mrs. Martha
Page 93.1844.
JAIL?
The jail was down in the hollow by the old Capitol. A woman was incarcerated there once, and Miss Julia Thompson and I went down to see her. It was a delightfully airy and clean place. The jailer was taking good care of the prison and giving good fare. Miss Julia said she thought the woman better off there than in her own home. But she went up to see Mr. William Peachy to tell him that he must get the woman out of jail. Mr. Peachy got the woman out of jail and sent her to Miss Julia. He asked for his fee, but Miss Julia told him it was for charity. He was only joking, for he did not intend to make a charge.
Recollections of Williamsburg164.
Charles, John S.
Page 49.c-1860
…
The big lot just east of the old jail was public property. From a bank on the north side of this lot was a spring then known as the Jail Spring, which furnished water to the jail and to many of the neighbors.The old city and county jail as it once appeared, no longer looks like it did when there was a frame residence built in front and connected with the brick prison. This was the residence of the jailer, and was a two story house, with a pretty flower yard and lawn on the front and vegetable garden in the rear. The premises were enclosed by a neat fence, all in striking contrast to the brick box used for many years after the War as a prison, with rooms in the roof for the jailer's residence, which was reached by steps on the outside. This was the jail built just after the close of the War.
Tyler, Lyon G.
Williamsburg, The Old Colonial Capital
Page 221.1906.
After the removal of the capital to Richmond, the state prison was made use of by Williamsburg and James City County for a jail. It continued in use till the war (1861-1865), when a great part of this old building was pulled down by the federal soldiers. After hostilities ceased, it was partially restored. Like all the old prisons, however, it was a comfortless, insecure structure, and recently a new building, with steel cages and some modern comforts, has been erected for the city jail, on the old market square, convenient to the present court-house.
Williamsburg in 1861
Lee, Mrs. Victoria
Page 72.1861.
…
The little brick jail house, still in use in 1861 as a jail, looks exactly today as it did then.
INDEX OF NAMES AND OF SUBJECTS.