Culpeper's Rebellion
Appendices 1-4

25 July 1681 Chancery Court Durant vs Leech et al

Peter Brockwell of y^e parish of Maribon in y^e County of Middlesex, victualler aged 29 years or thereab^t beeing &c

 1. That hee doth know y^e complt & y^e defnts in y^e Title of y^e Inter named y^e complt & y^e defts Sumers & Miller this dept hath knowne for ab^t 4 yeares & y^e deft Leech this dept hath known since February last.

 6. That hee was in Carolina in y^e yeare 1677 w^ch was before y^e tyme y^e plt arrived there And knowes y^t y^e deft Miller had in y^t Country 30 or 40 men in Armes for his guard to Guard his person where ever he went a great part of w^ch were Loose fellows & of Bacons Company runn out of Virginia after Bacon was dead to some of w^ch said guard y^e s^d Miller gave knotts of Collors & favours of [suken?] flowred Ribbon And more saith not.

 7. That hee was in y^e beginning of October at y^e plts house in Carolina & severall tymes before y^e s^d plt arrived out of England w^ch was ab^t y^e beginning of December then next following where this dept then saw y^e deft Summers & his boy Jack as hee then called him several tymes & they continued at y^e plts house some tymes after y^e plts Arrivall thither & there they were verry kindly entertained by y^e plts wife all y^e tyme they stayed there y^e w^ch this dept well knowes to be true for y^t he was an Eye wittness of ye same And more saith not.

 8. That y^e defn Miller att y^e tyme of this depts arrivall in Carolina in October 1677 had assumed y^e Governm^t of y^t Country & held court att y^e plts house & sate president & heard & determined charges w^th his guard in Armes to attend him And saith y^t y^e defn Miller when he feared y^t y^e Country would not endure his Governm^t hee sent out his warr^ts in his owne name comanding y^e inhabitants to bring in theire Armes to him And saith y^t before y^e s^d plt arrived it was y^e Report of y^t Country y^t y^e s^d Miller threatned to Imprison y^e plt & hang him as soone as he came home And saith y^t ye same day y^t y^e plt arrived in Carolina hee thy dept went on board on y^e ship to y^e plt whoe then told this dept y^t Capt Gillam captaine of the ship. They came in went on shoare w^th three or 4 of his men & left y^e plt on board w^th y^e charge of y^e s^d ship & goods y^e plt beeing cheife mate therein (y^e s^d ship Lying at Anker about 20 miles from y^e plts house in Carolina) & y^t as soon as y^e s^d Captaine Gillam & his men came ashoare into Carolina y^e s^d Miller & his guard tooke them prisoners & putt them into prison & y^e same night this dept was on board y^e s^d ship with y^e plt, y^e s^d Miller sent & Comanded y^e s^d plt to come on shoare w^ch y^e plt refused hee haveing y^e charge of y^e s^d ship & Goods & for his better security & for feare y^e s^d ship should be surprized hee y^e s^d plt caused a sentinell to be sett on y^e decks of y^e s^d ship & ye plt continued aboard y^e s^d shipp severall dayes & came not on shoare untill y^e s^d Miller was Imprisoned & y^e disturbance was over for in a few dayes y^e Country tooke their opportunity & seized y^e s^d Miller & putt him in prison for his assuming ye Governm^t of y^e Country & oppressing y^e same.

 9. That y^e plts house in Carolina when this dept was there was y^e usuall place in y^e Country where y^e Court of Assembly should sitt And knowes y^t y^e Court of Assembly did sitt there in y^e month of December 1677 And saith y^t y^e deft Sumers did come to y^e Court (hee beeing then at Liberty & never restrained or imprisoned there or in y^t Country as this dept ever knew or heard) & demanded of y^e s^d Miller whoe was then & there a prisoner satisfaction for his sloope or shallopp & goods w^ch hee y^e s^d Miller had then detained from him & saith y^t y^e s^d Sumers & Miller fell out & had verry high words ab^t y^e s^d sloope & Goods & more saith not.

 11. That after y^e plt & deft Sumers were sayled for England in Captaine Gillams s^d ship w^ch was in or ab^t y^e month of May 1678 this dept remaining still in Carolina hee this dept did severall tymes see y^e deft Sumers his Shallopp or Sloope in y^e possession of Mr Thomas Finckley And saith y^t it was generally reported in Carolina y^t y^e s^d Sumers before he sayled for England had left y^e s^d shallopp or sloope w^th y^{e s}d Mr Finchley as his Attorney & this dept doth beleive y^t y^e s^d Mr Finckley was y^e s^d Sumers his Attorney because this dept hath heard y^e s^d Mr Finckley report & declare soe And y^e s^d Mr Finckley did imploy this dept & others severall tymes before y^e s^d shallopp or sloop shee beeing then verry Leaky & out of repaire through her Long Lying in y^e wether & hett from whereby she was much dampmged

 14. That after y^e plt was returned out of England into Carolina y^e s^d second tyme w^ch was ab^t January 1678 [1679] y^e deft Sumers his said shallopp or sloop was still in y^e possion of y^e s^d Mr Finckley & Sayth y^t y^e plt made a finall voyage in her w^th y^e s^d Mr Finckleys Leave in Company of Joⁿ Varaham & w^m Wilkinson & when y^e plt returned home with her hee came to y^e s^d Mr Finckley & [three words illegible] Mr Finchley I have brought home y^e s^d shallopp or sloop pray take charge of her or use words to y^e same effect And more saith not.

 17. That at a tryall had before y^e L^d Cheif Justice North at Guildhall London y^e 8^th of February 1680 [1681] y^e deft Leech obtained a verdict ag^t y^e plt for 90£ att w^ch s^d tryall y^e now plt made noe defence soe y^t y^e verdict was obtained upon y^e Evidence of y^e deft Sumers only there beeing noe other Witnesses Exaidd, And more here sayeth not to this Inter

Peter Brockwell

1 Original deposition in Chancery 25 July 1681, Ams, Chancery, Town Depositions, Class 24, Volume 1055, Part 2, No. 34, at Public Records Office, London.  

12 April 1681 In Chancery Court George Durant vs Thomas Leech et al

Richard Gamble of y^e parish of Strepney alias Stebonsouth in y^e County of Middlexex marriner aged ab^t 33 years beeing &c

 1. That he dooth & for severall yeares hath knowne y^e Complt & defts in y^e Title of y^e Inter

 2:3: That in or about y^e month of May 1677 y^e deft Leech sent y^e deft Sumers from Barmudos to Carolina w^th a Sloope of about five Tunns Burthen & amongst y^e Goods therein there were 12 peeces of Patead or Callicoe & a small Barrell w^th powder & ordered y^e deft Sumers to returne to Barmudos in 40 days w^th y^e produce of y^e s^d Goods. And thy dept saith y^t y^e s^d Leech did declare when y^e s^d Sloope went from Barmudos towards Carolina y^t if y^e s^d sloope did not returne in 40 days to Barmudos hee y^e s^d Leech might be Expected to be gone from thence And this dept did att y^e s^d Leechs request assist in y^e s^d voyage wherein y^e deft Miller & Mr Konce as passengers & one John Leach Smith y^e deft Leach his boy went on y^e s^d Leech his M^rs [Auonnt?] And more saith not.

 4:5:6: [Words missing at crease] month of July 1677 y^e deft Sumers & y^e s^d Sloope arrived in Carolina afores^d & y^e defts Sumers & Miller & y^e s^d Leeches boy took up their Lodgeings & abode att y^e house of one Mr Timothy Biggs to w^ch place y^e s^d Goods were brought & y^e s^d Sloope lay in y^e River at y^e s^d Biggs his Landing place & neere to his house And saith y^t att y^e s^d Mr Biggs his house y^e s^d Sumers & Miller disposed of some Callicoe & y^e s^d Miller did make him a Gown of y^e same Callicoe & y^e s^d Miller & Biggs disposed of a peece of Callicoe to y^e wife of y^e s^d Humphrey Willis And saith y^t y^e s^d Sumers & Willis att Chowan did use some of y^e salt brought over from Barmudos to salt meate to goe for Antigua in y^e s^d Biggs his Sloope And saith y^t y^e s^d Sumers & Miller agreed y^t y^e s^d Sumers should goe Master in y^e s^d Biggs his sloope to Antigua And more saith not

 6:7:8: That hee heard y^e s^d deft Sumers declare y^t hee y^e s^d Sumers calling y^e s^d Miller to account hee y^e s^d Miller abused him & told him y^t a paire of Irons would better become his y^e s^d Sumers his Leggs then his new stockings did (hee then having a new paire of stockings on) And saith y^t y^e Sumers & y^e s^d Leechs boy had their aboade at y^e plts house in Carolina before y^e plts arrival into Carolina in y^e yeare 1677 at w^ch tyme y^e s^d Sloope was at y^e s^d Biggs his Landing place & y^e Sayles & such of y^e Goods as were Left were in y^e said Biggs Storehouse And saith y^t y^e s^d Miller takeing upon himself y^e Goverment of Carolina & having a guard some whereof were y^e fugitives of one Bacon a Rebell & endeavouring to disarme y^e Country y^e s^d Country seized on him & kept him in prison att one Mr Crawfords house where hee was kept a prisoner And saith y^t Ab^t twoe dayes after y^e s^d Miller was imprisoned this dept went aboard y^e ship where y^e plt then was aboard & had y^e charge of y^e s^d ship And more saith not.

 9. That y^e plts house in Carolina is y^e usuall place where y^e Court of Assembly doth sitt And saith y^t y^e s^d Court did sitt there in December 1677

 11. That y^e deft Sumers did in Carolina in y^e yeare 1677 confesse y^t hee had profferred to sell y^e deft Leeches Sloope to one Mr Terrell but y^t they could not agree upon a price And saith y^t in y^e Month of May 1678 y^e deft Sumers & this dept came from Carolina towards England in one Captaine Gillams shipp & in y^e way for England thy dept saith y^t y^e deft Sumers told thy dept y^t he had left all his Concerns in Carolina with one Mr. Tho: Finckley And more saith not.

 12 That y^e deft Sumers might (if he would) have returned out of Carolina in 40 days after his arrivall there towards Barmudos. but defferred or desserted y^e Same & was entertained by y^e s^d Miller or Biggs in another vessell in another Imploy w^ch caused thy dept to Leave y^e s^d Leeches sloope & go goe to Virginia to gett a passage for England but thy dept was therein prevented by sicknes And thy dept saith y^t y^e s^d Capt Gillam did arrive in Carolina in December 1677 & in February next following y^e s^d Sumers was Employed in y^e s^d Gillams service And saith y^t hee thy dept could never understand y^t y^e s^d Sumers was ever Imprisoned in Carolina or y^e s^d Leeches sloope after y^e s^d Millers beeing taken prisoner detenied from him for this dept did see y^e s^d Sloope at Mr Tho: Harris his Landing place in Paspotancke Creeke in Caorlina And more saith not.

Richard Gamble

² Original deposition in Chancery 12 April 1681, Ams, Chancery, Town Depositions, Class 24, Volume 1055, Part 2, No. 34, at Public Records Office, London.  

18 Aug 1681 in Chancery Geo Durant Vs. Thos Leech et al

Zakeriah Gillam of Rattcliffe in the parish of Stepney in the County of Middlesex Marriner aged 45 yeares or thereabouts being produced as a witness on the part of the Complt in this cause was &c Shewed in person at the Seate of Mr. Darbyshire &c by Mr Baimshen &c deposeth & Sayeth

1: That hee dooth knowe the Complt George Durant in the tytle the of the Intern mamed & the defendts Thomas Leech, Solomon Summers & Thomas Miller therein nammed the said Complt hee hath knowne for about five yeares last past & the defendant Leech for diverse yeares & the defendts Sumers & Miller for neare four yeares last past or there about.

 6. 7. 9. That hee this depont as Master & the said Complt his this deponts Cheife mate with others belonging to a shipp or vessell then called Carolina, arrived at the Province of Carolina from England upon or aboute the First day of December 1677 And at this deponts said arrival hee this depont understood that the Country of Carolina was in greate disorder by reason the defendt Miller had as this depont was Reliably Informed assumed the Governement there and had a Guard of men in Armes to attend him most of them as this depont was also Informed being Bacons Company fled from Virginia after Bacon dyed And that to some of them hee the said defendt Miller gave knotts of Ribon for favours as this depont alsoe was Informed, And sayeth that the same day of his this deponts arrivall hee this depont came to an Anker which was aboute Twenty Miles distant from the said Complts house in Carolina And that hee this depont then went on shore but left the said Complt on board with the charge of the said shipp or vessell, And that the same day this dept being on shore, the defendt Miller came to this depont and arrested him & took him prisoner (hee the said defendt Miller saying & declaireing to this depont that hee the said Miller was President of that Country of Carolina), And this depont sayeth that aboute middnight of the same day this depont went aboard the said shipp where hee then found the defendt Miller in the Greate Cabbin of the said Shipp or Vessell, who came aboard with Armes to secure the said Complt as this depont was then Informed & did understand, And this depont further sayeth that the said defendt Miller afterwards endevoured to disarme the Inhabitants of the Country of Carolina, And that for the same & for his treasons committed there as was alleaged the Inhabitants Imprisoned him the said Miller before the said Complt came ashore as this depont is well assured for this depont sayeth that the said Compt kept the Charge of the said Shipp & did not goe on shore untill the Court of Assembly sat upon the said Millers tryall, And this depont happening to bee at the said Complts house at Millers tryall the said Complt came to him this depont & told him it would goe hard with the said defendt Miller for his life & hee the Complt had endeavoured what hee could to mittigate the Assemblyes severity against him And saith that hee the said Complt then desired this depnt to use his this deponts endevour with some of the said Court that they might not goe to far in their proceedings against him the said Miller untill they heard from the Lords Proprietors from England, or used words to the same effect And sayeth that upon this the Complts request hee this depont did discourage severall of the said Court aboute the same upon which noe further proceedings then went against the said defendt Miller onely hee was secured , And this depont further sayeth that hee this depont continued in that Country of Carolina untill aboute May then next following And dureing this deponts aboade there which was some part of the tyme at the said Complts house, hee this depont did never see or heare or dooth beleive that the said defendt Summers was A prisoner there or in any other place in that Country in the tyme afores^d, but this depont beleiveth to the Contrary for that hee this depont did see the said defendt Summers at the afores^d Court all the tyme the said Miller had his tryall, at Freedome & liberty And believed hee the said defendt Summers hath severall tymes acknowledged & Declared to this depont that hee had beene always kindly entertained at the said Complts house, And this depont further sayeth that hee the said Summers was soe farr from being Imprisoned by the said Complt that this depont Imployed him the defnt Summers in pay affterwards And the said Summers aboute February 1677 [1678] did goe a voyage to Virginia for this depont in a Vessell of this deponts, And this depont sayeth that the said Complt was reputed to bee the Attorney Generall when this depont was in Carolina that yeare & this depont dooth beleive that hee the Complt was soe far this depont hath seene his the Complts Commission from the Lords Proprietors And this depont sayeth that the said Summers had then in that tyme a Shallopp or Sloope in Carolina afores^d which as this depont understood hee the said Summers brought from Burmudoes with goods of the defendt Leeches, And further hee sayeth hee cannott to his rememberance depose materially for the satisfaction of any the questions of these three Inters.

 9: That the said Complts house in Carolina is the usuall or Comon Court house where the Assembly or Lords Deputyes keepe their Courts, And hee sayeth that the Court of Assembly did sitt there in December 1677 and the said Court was accounted & then generally taken for a Lawfull Court, And hee sayeth that the defendt Summers was at Liberty at that Court & not a prisoner And this depont sayety that after the said defendt Miller was taken prisoner, the said Summers had his Freedome of trade, And that hee the said Summers left the aforesaid Shallopp or sloope with Mr. Thomas Harris, who by the said Summers his orders (as hee the said Summers told this depont left her to one Mr. Tonkington to carry sheepe frome one Mr. Whetsill to the said Tonkingtons plantation And this only what hee hath before deposed in his Answers to the sixth seaventh & eighth Inters he sayeth is as much as he can to his now rememberance depose for the satisfaction of any the questions of this Inter.

 10. That whilst this depont was in Carolina afores^d hee this depont received three hoggsheads of Tobacco weighing one thousand seaventy five pounds, of the said defendt Summers & by discount from Mr. Culpeper six hundred & thirty pound weight of Tobaccoe more, And further hee sayeth hee cannot depose for the satisfacion of any the questions of this Inter to his rebembrance.

 11. 12. That after the said Miller was Imprisoned the said defendt Summers had the said shallopp or sloppe & used her & disposed of her as hee thought fitt And this depont dooth verily beleive that neither the said Shallopp or Sloop or any of the goods belonging to the said Summers were ever seized of by the said Complt for that aboute the 29th day of May 1679 this depont sett sayle from Carolina for England in Company of the said Complt and the said defendt Summers And that hee this depont & the said Complt and defendt Summers Arrived at London aboute the 9th of July then next following, And in that voyage the defendt Summers to his depont did acknowledge & declare that hee the s^d Summers received & had very kind usage & entertainment from & by the said Complt And that at his the said Summers departure from Carolina hee the said Summers left the said Shallopp or Sloope & his concerns with Mr. Thomas Finckley in that Country And this with what he hath before deposed is as much as hee can depose for the satisfaction of any the questions of those twoe Inters to his rememberance.

15. That whilst this depont was in Carolina hee was very well acquainted with the Complts dealings And sayeth that hee this depont never heard or understood that the said Complt or any of his family were at all concerned to entermeddle with the defendt Summers his said Shallopp or Sloope or any of his goods, except the said Mr. Thomas Finckley be reckoned one of the family with whome hee the said Summers left his Shallop or Sloope & concernes at his departure from Carolina as the said Summers Acknowledged to this depont in the voyage from Carolina to England as afores^d And further here sayeth hee cannott depose for the satisfaction of any the questions of this Inter to his rememberence.

Zack: Gillam

³ Original deposition in Chancery 18 August 1681, Ams, Chancery, Town Depositions, Class 24, Volume 1055, Part 2, No. 34, at Public Records Office, London.  

Appendix 4: William Hammond's Deposition of 12 Apr 1681⁴

12 April 1681 In Chancery Court Durant vs Leech et al

William Hammond of Stepney in y^e County of Middlexex marriner aged ab^t 40 yeares beeing &c

 1. That hee knowes y^e parties plt & defts in y^e Title of y^e Inter named & hath soe done for diverse yeares

 6. That hee was in Carolina in y^e years 1677 & was there acquainted w^th y^e deft Miller And saith y^t y^e Generall report of y^t Country then was att this depts then arrivall about y^e beginning of December 1677 in company of y^e plt That y^e s^d Miller had assumed ye Goverm^t of y^t Country on himselfe & had a guard of 30 or 40 men w^ch were fugitives run out of Virginia from Bacon beeing of his company And saith y^t y^e s^d Miller disposed to his guard severall peeces of Ribbon for favours & Colours w^ch they wore And more saith not.

 7. 8. That att y^e Arrivall of y^e plt & thy dept out of England into Carolina in December 1677 on a shipp comanded by Captaine Gillam about 2 dayes after such arrivall & before ye plt went on shore y^e deft Sumers came aboard y^e s^d ship Lyeing then in y^e River & declared to y^e plt y^t y^e s^d Miller & one Timothy Biggs had abused him soe much y^t hee & y^e deft Leeches boy was forced to take refuge in y^e plts absence in y^e plts house in Carolina & y^e s^d Sumers did there also returne many thanks to y^e plt for his kind enterteinem^t by y^e plts wife att y^e plts house to y^e w^ch y^e s^d plt answered y^t he y^e s^d Sumers was welcome And thy dept saith y^t y^e first night y^t y^e s^d ship arrived in y^e s^d River y^e s^d Capt Gillam went ashore with 4 of his men & as soone as they came on y^e shore y^e s^d Miller having assumed y^e s^d Goverm^t tooke y^e s^d Capt Gillam & his 4 men & putt them in prison & ye same night y^e s^d Miller about 12 of y^e clocke w^th one or more in his compnay came aboard y^e s^d ship with Pistolls loaded with severall Bulletts one of w^ch Pistolls hee presented to y^e plts breast to [Illegible] him he was y^e s^d Miller prisoner but y^e plt haveing y^e comand of y^e s^d ship & Cargoe in y^e s^d Captaine Gillams absence would not yeild himself a prisoner but left y^e s^d Miller aboard till y^t Capt Gillam was restored out of prison w^ch was done y^t same night And thy dept furhter saith y^t y^e plt by reason of y^e Country of Carolina was in disturbance by y^e s^d Millers assumeing ye Govorm^t & guarding himself as afores^d for y^e preservacon of y^e s^d ship & Cargoe did not goe on shore till after y^e s^d Miller was imprisoned by y^e Country & y^e Tumult was over w^ch was about 10 days after y^e s^d shipps arrivall.

 9.10.11.12 That y^e plts house in Carolina is y^e usuall place appointed for y^e Court of Assembly to sitt And y^t y^e Court y^t satt there in December 1677 was generally taken by y^e s^d Country to bee y^e Lawfull assembly And thy dept also saith y^t in or about y^e month of May 1678 y^e plt & y^e deft Sumers whoe was then in Capt Gillams service & thy dept sett sayle out of Carolina towards England in Captain Gillams ship. And severall tymes as y^e s^d ship sayled for England y^e s^d deft Sumers complained to thy dept y^t y^e deft Miller had wronged him verry much & w^th all sayd y^t hee y^e s^d Sumers was to have returned to Barmudos in 40 days w^th y^e s^d produce of y^e goods but y^e s^d Miller gott y^e s^d sloope [7 words illegible] & goods & denyed to give him any acc^t thereof hee y^e s^d Miller haveing made use of most of y^e s^d Goods as also of y^e salt to salt meat to send for Antegua in Tymothy Biggs his sloope And saith y^t after y^e said sloope was fitted y^e s^d Miller would not Lett y^e s^d sloop goe for Antigua And y^e s^d deft Sumers did also declare y^t hee did in December Last complaine to y^e Court of Assembly ag^t y^e s^d Miller for his goods & y^t y^e Court ordered him a Considerable quantity ot Tobaccoe w^ch hee had ordered one Joshua Lamb to Carry for New England And thy dept also saith y^t he thy depl did see y^e s^d Sumers sell &c deliver some such to one Matheas Towlor & more salt to one Thomas Harris And in or ab^t y^e month of April 1678 thy dept saith y^t hee thy dept was present & did see y^e s^d Sumers Leave y^e Deft Leechs sloop w^th y^e s^d Thomas Harrris w^th a speciall order to y^e s^d Thomas Harris not to deliver y^e s^d sloop to any person w^tsoever w^thout y^e order of y^e s^d Summers or of one Mr Tho: Finckley And thy dept further saith y^t y^e s^d Summers before hee left Carolina did offer to sell y^e s^d sloop & anker tackle &c to Mr Terrell to Mr w^m Wilkinson & to y^e plt but they all refused her & also hee offered to sell y^e deft Leechs boy to y^e plt but y^e plt refused him also And thy dept also further saith y^t as y^e plt y^e deft Sumers & thy dept were sayleing from Carolina towards England in yeare 1678 y^e s^d Sumers did declare y^t hee had sold powder & other goods to Mr. Tho: Finckley (who then lived att y^e plts house in Carolina & y^t hee y^e s^d Sumers at his departure from Carolina had made Mr Tho: Finckley a [Illegible] Attorney & had left y^e sloop (he brought out of Barmudos) & all other his concerns in Carolina with him And thy dept also further saith y^t in y^e yeare 1678 after thy dept & y^e s^d other persons & s^d ship were arrived in England & were ready to saile again for Carolina a person called by y^e name of Mr Bumpshed of Rattliffe did deliver to thy dept a bill of exchange charged on y^e plt by y^e deft Sumers for 200 pound weight of Tobacco to be p^d for y^e s^d Mr Bumpsted & y^e plt beeinge then in London did accept of y^e s^d bill & promised paym^t att his Returne to Carolina and more saith not to these 4 Intern.

Will Hammond

⁴ Original deposition in Chancery 12 April 1681, Ams, Chancery, Town Depositions, Class 24, Volume 1055, Part 2, No. 34, at Public Records Office, London