[Source : http://classweb.uchicago.edu/Civilization/American/Supp135/AfricansVA.html]
The Arrival of the Africans in Virginia, 1619
I. A Relation from Master John Rolfe
Edward Arber and A. G. Bradley, eds., Travels and Works of CaptainJohn
Smith,
President of Virginia, and Admiral of New England,1580-1631
(Edinburgh, 1910), II,
541.. . . About the last of August [1619] came in a
dutch man of warre that sold us twenty
Negars: and Lapazous King of
Patawomeck, came to James towne, to desire two ships to
come trade in his
River, for amore plentifull yeere of Corne had not beene in a long time,
yet
very contagious, and by the trechery of one Poule, in a manner turned heathen,
wee
were very jealous the Salvages would surprise us.
The Free Negro
2. Anthony Johnson's Servant, 1655
Northampton County
Order Book, 1655-1668, fol. 10.
The deposition of Captain Samuel Goldsmith
taken (in open court) 8thof March Sayth,
That beinge at the howse of Anthony
Johnson Negro(about the beginninge of November
last to receive a hogshead of
tobacco) a Negro called John Casar came to this Deponent,
and told him
thathee came into Virginia for seaven or Eight yeares (per Indenture)
Andthat
hee had demanded his freedome of his master Anthony Johnson; And further
said
that Johnson had kept him his servant seaven yeares longerthan hee ought,
And
desired that this deponent would see that heemight have noe wronge,
whereupon your
Deponent demanded of Anthony Johnson his Indenture, hee
answered, hee never sawe
any; The said Negro (John Casor) replyed, hee came
for a certayne tyme and had
anIndenture Anthony Johnson said hee never did
see any But that hee hadhim for his life,
Further this deponent saith That
mr. Robert Parkerand George Parker they knew that the
said Negro had an
Indenture ( anon Mr. Carye hundred on the other side of the Baye )
And the
said Anthony Johnson did not tell the negro goe free The said John Casor
would
recover most of his Cowes of him; Then Anthony Johnson ( as
thisdeponent did suppose)
was in a feare. Upon this his Sonne in lawe,
hiswife and his 2 sonnes perswaded the said
Anthony Johnson to sett the said
John Casor free. more saith not Samuel Goldsmith This
daye Anthony Johnson
Negro made his complaint to the Court against mr. Robert Parker
and declared
that hee deteyneth his servant John Casor negro ( under pretence that
the
said Negro is a free man. )The Court seriously consideringe and maturely
weighinge the
premisses,doe fynde that the said Mr. Robert Parker most
unjustly keepeth the said Negro
from Anthony Johnson his master as appeareth
by the deposition of Captain Samuel
Goldsmith and many probable
circumstances. It is therefore the Judgment of the Court
and ordered That the
said John Casor Negro forthwith returne unto the service of his said
master
Anthony Johnson, And that mr. Robert Parker make payment of all chargein
the
suit.
Execution.
3. Francis Paine's Will, 1673
Northampton County Order Book,
1664-1674, 220-221.
In the Name of god Amen, I Francis Payne of Northampton
County in Vir-ginia being
sick of body but of perfect knowledge and
understanding and being willinge to ease my
minde of all worldly care Doe
make this my last will and Testament as follows Imprimis I
bequeath my soule
to my loveing Father my creator and to Jesus Christ who by his blood
and
passion suffered for my sins and all the world trustinge through his meritt to
injoy
that heavenly portion prepared for mee and all true beleevers And as
for my body I
bequeth it unto the ground from whence it came there to receive
a Christian buriall And
as for my worldly Estate I doe give and bequeathitt
unto my loveing wife Agnes Payne
my whole Estate reall and persnall moveables
and immoveables makinge her my
Indubitable Executrix ofthis my last will and
Testament. And Doe here declare that by
vertueof these presents all former
wills by mee made and signed are rebuked and made
void and this is to bee my
last will and Testament. And desire that my debts may in the
first place bee
paid. In Testimony whereof I have subscribed my hand and putt my seale
this
9th day ofMay Anno Domini 1673.Unto each of our god children a Cow Calfe
a
peece when they attaine tolawfull age. but as for [Deura] Driggins he is to
have nothinge
by this will Francis X paine his marke Signed sealed and
delivered in the presence of us
Nathaniel Wilkinsthe marke of Elizabeth X
PettittThe 29th day of September 1673. This
day the last will and Testamentof
Francis Paine Negro was proved in open Court by the
Corporall oath of
Nathaniel Wilkins and allowed of and ordered to be Recorded
(Pro-vided that
Elizabeth Pettitt the other evidence appeare at the nextCourt and
Confirme
the probate thereof if livinge and of ability toowne then or otherwise as sure
as
shee can)Teste Daniel Neech
Deputy ClerkRecorded the 4th of October 1673.
Daniel
Neech Deputy Clerk4.
Philip Mongom is Accused of Stealing Hogs, 1659/60
Northampton County
Order Book, 1657-1664, fol. 68.
Upon Sum presumptious Susspittion that
phillip Mongom negro hath Stollhoggs as by the
Relation of John Braddum and
William Planner doth appeare, It is ordered that hee put in
Security for his
good behaviourfor the future and pay Costs of Suit. It is Ordered
that
phillip Mongom negro shall pay for his presumptious actions used to the
Courtin
throughing [i.e., throwing] hoggs eares on the Court table onehundred
pounds of tobacco
and Caske with Court Charges.5.
John Francisco Maintains a Bastard Child, 1668
Northampton County Order
Book, 1664-1674, fol. 53.Whereas John Franciscoe Negro
have moved the Court
that hee might havethe Negro child of Thomas Driggins Negro,
slave to Lt.
Col. [William]Kendall and John Eyre, with the Consent of the same Lt.
Col.
Kendallfor himselfe and John Eyre; Itt is ordered that the said John
Francis-coe in whose
Custody the said Child now is, shall Keepe it in
hisCustody, and have the tuition and Care
of it untill it attaynes theage of
one and Twenty yeares and then to se~t it free for Ever;
fromthe Claime of
any person to make it a slave.
The Paths to Freedom.
Mihill Gowen ls Set Free by His Master's Will,
1657/58
York Counry Order Book, 1657-1662 (transcript), 45.
Bee it knowne
unto all Christian people that whereas Mihill GowenNegro of late Servant
to
my Brother Christopher Stafford deceased by his last will and Testament having
date
the eighteenth of January 1654 had his freedome given unto him Therefore
know all
whom itt may con-cerne that I Anne Barnehouse for divers good causes
mee
thereuntoreceiving doth absolutely quitt and discharge the said Mihill
Gowenfrom any
service and forever sett him free from any claime of
serviceeither by mee or any on my
behalfe as any part of parcell of my
Estatethat may be Claimed by mee the said Anne
Barnehouse my heires
Execu-tors or Assignes as witness my hand this 25th of October
1657Bee it
knowne unto all Christian people that I Anne Barnhouse of Mar-tins
hundred
widdow for divers good causes and Considerations meethereunto
receiving hath given
unto Mihill Gowen Negro hee being attthis time Servant
unto Robert Stafford a male
child borne of the 2sthof August in the yeare of
Our Lord God 1655 of the body of my
negroRosa being baptised by Mr. Edward
Johnson the 2nd of September 1655 and named
William and I the said Anne
Barnhouse doth bind myselfe myheyres Executors and
Administrators and
Assignes never to trouble ormolest the said Mihill Gowen or his
Sonne William
or demand my Serviceof the said Mihill or his said Sonne William...14.
Antonio to Gain Freedom after Ten Years' Service, 1678
Middlesex Counry
Order Book, 1673-1680, fol. 126.
Know all men Whome this may Concerne That I
John Indecott Cooper In-habitant In
Boston in New England have sold unto
Richard Medlcoff, A Spanish Mulatto by name
Antonio I haveing full power to
Sell him for his life time But at the request of William
Taylor I doe Sell
him But for Tenn Yeares from the day that he shall Disimbarke In
Virginia
theTenn Yeares to begin and at the expiration of the Said Tenn Yeares
thesaid
Mulatto Anthony to be a free man to Wherever he pleaseth I doe
acknowledge to have
Record[ed] Full Satisfaction of the Said Medlcofffor the
Said Mulatto . . . I Anthonio Doe
Consent to the above premis-es as witness
my marke in presence of Anthony Low and
William Taylorthe day above, March
the sth 1677/8.15. John and Isabell Daule Purchase
Their Freedom, 1670Surry
County Deeds and Wills, 1657-1672, 349. Whereas John
Daule and Isabell his
wife are the Negro Sarvants of Mr.Arthur Jordan, and have this
present day
agreed for a vallueable Con-sideration to the end they might be acquitted
of
Such Service as theyowe Me,and May Now enter upon the Makeinge of a Crop
for their
owneuse be itt Knowne therefore to all men by these presents that I
thesaid Arthur Jordan
doe hereby release acquit and discharge the saidJohn
and Isabell from all Service dues
and demands what soe ever whichI the said
Arthur Jordan my Executors or
Administrators shall or mayor ought to have or
claime of them or either of them from the
begin-ning of the world to the date
here of witness my hand and seale thetenth day of
March Anno Domini 1669
[1670]Arthur Jordan Seale red wax Sealed and delivered in
presence
Acknowledged in Courte by theof George Jordan George Procter
Subscriber
Arthur Jordan 3dWilliam S[h]erwood May and recorded 13th
1670.16.
The Courts as an Avenue to Freedom
A. THE CASE OF ELIZABETH KEY,
1655/56Northumberland County Record Books,
1652-1658, fols. 66-67,
85,1658-1660, fol. 28; Northumberland Counry Order Book,
1652-1665, fols.40,
46, 49.
The Court doth order that Col. Thomas Speke one of the overseers
ofthe Estate of Col.
John Mottrom deceased shall have an Appeale to
theQuarter Court next att James Citty in
a Cause depending betweene thesaid
overseers and Elizabeth a Moletto hee the said Col.
Speke givingsuch caution
as to Law doth belong.Wee whose names are underwritten
being impannelled upon
a Jury to trya difference between Elizabeth pretended Slave to
the Estate of
Col.John Mottrom deceased and the overseers of the said Estate doe
findethat
the said Elizabeth ought to be free as by severall oathes mightappeare which
we
desire might be Recorded and that the charges ofCourt be paid out of the
said Estate.
[names of the jury omitted]Memorandum it is Conditioned and
agreed by and betwixt
Thomas Key onthe one part and Humphrey Higginson on the
other part [word
missing]that the said Thomas Key hath put unto the said
Humphrey one NegroGirle by
name Elizabeth for and during the [term?] of nine
yearesaftel the date hereof provided
that the [said?] Humphrey doe find
andallow the said Elizabeth meate drinke {and?]
apparrell during the
saidtearme And allso the said Thomas Key that if that if [sic]
the
saidHumphrey doe dye before the end of the said time abovespecified
thatthen the said
Girl be free from the said Humphrey Higginson and
hisassignes Allsoe if the said
Humphrey Higginson doe goe for Englandwith an
Intention to live and remaine there that
then hee shall carry[the?] said
Girle with him and to pay for her passage and likewisethat
he put not of
of[f] the said Girle to any man but tc keepe herhimselfe In witness whereof
I
the said Humphrey Higginson Sealed anddelivered in the presence of us
Robert Booth
Francis Miryman 20thJanuary 1655 this writing was Recorded.Mr.
Nicholas Jurnew aged
53 yeares or thereabouts sworne and ExaminedSayth That
about 16 or 17 yeares past this
deponent heard a flyingreport at Yorke that
Elizabeth a Negro Servant to the Estate of
Col.John Mottrom deceased was the
Childe of Mr. Kaye but the said Mr. Kayesaid that a
Turke of Capt. Mathewes
was Father to the Girle and fur-ther this deponent sayth not
signed Nicholas
Jurnew20th January 1655 Jurat in Curia [i.e., "sworn in court"]Anthony
Lenton
aged 41 yeares or thereabouts sworne and Examined Sayththat about 19
yeares
past this deponent was a servant to Mr. HumphreyHigginson and at that
time one
Elizabeth a Molletto nowe servant tothe Estate of Col. John Mottrom
deceased was then a
servant to thesaid mr. Higginson and as the Neighbours
reported was bought of
mrHigginson with the said servant both himself and his
Wife intended avoyage for
England and at the nine yeares end ( as the
Neighboursreported ) the said Mr Higginson
was bound to carry the said
servantfor England unto the said mr. Kaye, but before the said
mr Kaye
wenthis Voyage hee Dyed about Kecotan, and as the Nei,ghbours
reported
thesaid mr. Higginson said that at the nine yeares end hee would
carrythe said Molletto
for England and give her a portion and lett hershift
for her selfe And it was a Common
report amongst the Neighboursthat the said
Molletto was mr Kays Child begott by him
and furtherthis deponent sayth not
the marke of Anthony Lenton 20th January 1655Jurat
in CurlaMrs. Elizabeth
Newman aged 80 yeares or thereabouts sworne and exam-ined
Sayth that it was a
common Fame in Virginia that Elizabeth aMolletto nowe servant to
the Estate
of Col. John Mottrom deceased wasthe Daughter of mr. Kay; and the said
Kaye
was brought to Blunt-pointCourt and there fined for getting his Negro
woman with
Childe whichsaid Negroe was the Mother of the said Molletto and
the said fine wasfor
getting the Negro with Childe which Childe was the said
Elizabethand further this
deponent sayth not the marke of Elizabeth Newman
20thJanuary 1655 Jurat in CuriaJohn
Bayles aged 33 yeares or thereabouts
sworne and Examined SaythThat at the House of
Col. John Mottrom Black Besse
was tearmed to bemr Kayes Bastard and John Keye
calling her Black Bess mrs.
SpekeChecked him and said Sirra you must call her Sister for
shee is
yourSister and the said John Keye did call her Sister and further
thisdeponent
Sayth not the marke of John Bayles 20th January 1655 Jurat
inCuriaThe deposition of
Alice Larrett aged 38 yeares or thereabouts
Sworneand Examined Sayth that Elizabeth
which is at Col. Mottroms is
twentyfive yeares of age or thereabouts and that I saw her
mother goe to
bedto her Master many times and that I heard her mother Say that shee
wasmr.
Keyes daughter and further Sayth not the marke of Alice LarrettSworne
before
mr. Nicholas Morris Igth Jan. 1655. 20th January thisdeposition was
RecordedAnne
Clark aged 39 or thereabouts Sworne and Examined Sayth that
sheethis deponent was
present when a Condition was made betweene mr.
Hum-phrey Higginson and mr. Kaye
for a servant called Besse a Molletto
andthisdeponents Husband William Reynolds nowe
deceased was a witness
butwhether the said Besse after the Expiration of her time from
mr Hig-ginson
was to be free from mr Kaye this deponent cannot tell and
mrHigginson
promised to use her as well as if shee were his own Childand
further this deponent Sayth
not Signum Ann Clark 20th January1655. Jurat in
Curia Elizabeth Newman aged 80
yeares or thereabouts Sworne and ExaminedSayth
that shee this deponent brought
Elizabeth a Molletto, Servant tothe Estate of
Col. John Mottrom deceased to bed of two
Children andshee layd them both to
William Grinsted and further this DeponentSayth not
Elizabeth Newman her
marke 20th January 1655 Jurat in CuriaA Report of a Comittee
from an Assembly
Concerning the freedome ofElizabeth KeyIt appeareth to us that shee
is the
daughter of Thomas Key by severallEvidences and by a fine imposed upon the
said
Thomas for getting hermother with Child of the said Thomas That she hath
bin by verdict
of aJury impannelled 20th January 1655 in the County of
Northumberlandfound to be free
by severall oathes which the Jury desired
might beRecorded That by the Comon Law the
Child of a Woman slave begott by
afreeman ought to bee free That shee hath bin long
since ChristenedCol.
Higginson being her God father and that by report shee is able
togive a very
good account of her fayth That Thomas Key sould her onelyfor nine yeares
to
Col. Higginson with severall conditions to use hermore Respectfully then a
Comon
servant or slave That in case Col.Higginson had gone for England within
nine yeares hee
was bound tocarry her with him and pay her passage and not to
dispose of her toany other
For theise Reasons wee conceive the said Elizabeth
ought tobee free and that her last
Master should give her Corne and
Cloathesand give her satisfaction for the time shee hath
served longer
thenShee ought to have done. But forasmuch as noe man appeared
against
thesaid Elizabeths petition wee thinke not fitt a determinative
judgementshould passe but
that the County or Quarter Court where it shall
benext tried to take notice of this to be the
sence of the Burgesses ofthis
present Assembly and that unless [original torn] shall
appear tobe executed
and reasons [original torn] opposite part Judgement by thesaid
Court be given
[accordingly?]Charles Norwood Clerk AssemblyJames Gaylord hath
deposed that
this is a true coppyJames Gaylord21th July 1656 Jurat in Curia 21th July
1656
This writeing was recordedAtt a Grand Assembly held at James Citty 20th of
March
1655 Orderedthat the whole business of Elizabeth Key [and?] the report
of theComittee
thereupon be returned [to the?] County Court where the
saidElizabeth Key livethThis is a
true copy from the book of Records of the
Order granted thelast AssemblyTeste Robert
Booth21th July 1656 This Order of
Assembly was RecordedUpon the petition of George
Colclough one of the
overseers of Col.Mottrom his Estate that the cause concerning a
Negro wench
named BlackBesse should be heard before the Governor and Councell
Whereof
inregard of the Order of the late Assembly referring the said caise
tothe
Governor and Councell at least upon Appeale made to them These
aretherefore in his
Highness the Lord Protector his name to will andrequire
the Commissioners of the
County of Northumberland to Surceasefrom any further
proceedings on the said Cause
and to give notice tothe parties interested
therein to appear before the Governor at thenext
Quarter Court on the fourth
day for a determination thereof.Given under my hand this 7th
of June 1656.
Edward Digges 21th 1656This Writeing was Recorded.Whereas mr.
George
Colclough and mr. William Presly overseers of theEstate of Colonell
John
Mottrom deceased were Summoned to theis Courtat the suite of Elizabeth
Kaye both
Plaintiffe and Defendant beingpresent and noe cause of action at
present appearing The
Court doththerefore order that the said Elizabeth Kaye
shall be non-suited andthat
William Grinsted Atturney of the said Elizabeth
shall by thetenth of November next pay
fifty pounds of tobacco to the said
over-seers for an non-suite with Court charges else
Execution. Whereas
thewhole business concerning Elizabeth Key by Order of Assembly
was Re-ferred
to this County Court. According to the Report of a Comittee atan
Assembly
held at the same time which upon the Records of this Coun-ty appears, It is
the
judgment of this Court that the Said ElizabethKey ought to be free and
forthwith to have
Corne Clothes and Satisfac-tion according to the said
Report of the Comittee. Mr.
William Thomasdissents from this judgment.These
are to Certifie whome it may
concerne that William Greensted andElizabeth Key
intends [sic] to be joyned in the Holy
Estate of Matri-mony. If any one can
shew any Lawfull cause why they may not be
joynedtogether lett them Speake or
ever after hold their tongues SignumWilliam
Greensted Signum Elizabeth Key
21th July 1656 this Certificate was Published in open
Court and isRecorded
I Capt. Richard Wright administrator of the Estate of Col. JohnMottrom
deceased doe
assigne and transfer unto William Greensted amaid servant
formerly belonging unto the
Estate of the said Col. Mott-rom commonly called
Elizabeth Key being nowe Wife unto
the said Green-sted and doe warrant the
said Elizabeth and doe bind my Selfe to savehere
[i.e., her] and the said
Greensted from any molestation or trou-ble that shall or futurely
arise from
or by any person or persons thatshall pretend or claime any title or interest
to
any manor of service[original torn] from the said Elizabeth witness [my
ha]nd this 21th
ofJuly 1659Test William Th [omas] Richard Wright James
Aust[en]B.
FERNANDO APPEALS HIS SUIT TO THE GENERAL COURT, 1667Lower Norfolk
County
Order Book, 1666-1675, fol. 17.
Whereas Fernando a Negro sued Capt. [John]
Warner for his freedomepretending hee was
a Christian and had been severall
yeares in Englandand therefore ought to serve noe
longer than any other
servant thatcame out of England accordinge to the custome of the
Country and
alsoePresented severall papers in Portugell or some other language
whichthe
Court could not understand which he alledged were papers
Fromseverall Governors
where hee had lived a freeman and where hee washome.
Wherefore the Court could find
noe Cause wherefore he should befree but Judge
him a slave for his life time, From which
Judgement thesaid Negro hath
appealled to the fifth day of the next Generall Court.[It is
not possible to
follow this case further owing to the destruc-tion of the General
Court
records for this period.]