Culpeper's Rebellion
Appendices 5-9

10 August 1681 In Chancery Court Durant vs Leech etal defts

Walter Peace of Ratcliffe in the parish of Stepney in the County of Middlesex mariner aged 40 yeares or there about being produced as A wittness on the part of the Complt in this cause was &c shewed in person at the seate of Mr Darbyshire &c by Mr Banisher &c deposeth & sayeth

 1. That he dooth knowe the Complt George Durant in the tytle of the Inter named & hath knowne him for twoe years last past & upwards And hee hath seene the defendts Thomas Leech, Solomon Summers & Thomas Miller therein named but hath noe acquaintance with any of them.

 11: That in the yeare 1679 hee this depont was in the Province of Carolina as Commander of the Vessel Speedwell, And sayeth that hee this depont in or aboute the month of July in the said yeare 1679 being at the Complt George Durrants house in Carolina afores^d (where one Thomas Finckley did then reside The said Thomas Finckley did then & there Batter or Sell to one Mr Thomas Smith a Certain Burmudos Shallopp or Sloope, which Shallopp the defendt Solomon Summmers had brought over in the yeare 1677 from Burmudoes as this depont had understood to Carolina & left with the said Mr Finckley as his the defendt Summers attorney, And this depont sayeth that the said Complt was not at home at the tyme of the said Batter or Sale of the said Shallopp for this depont at that tyme understood that the said Complt was aboute his affaires aboute forty miles from home And this depont further sayeth that some dayes after the said Shallopp was soe Battered or Sold as afores^d the Complt comeing home & understanding that the said Thomas Finckley had Sold the said Shallopp, hee the said Complt declared as hee the Complt had alsoe donn in this deponts xpersence before, that hee the Complt never was or would be concerned in the said Shallopp And further hee deposeth not the the Inter.

Walter Peace

⁵ Original deposition in Chancery 10 August 1681, Ams, Chancery, Town Depositions, Class 24, Volume 1055, Part 2, No. 34, in Public Records Office, London.  

23 Aprill 1681 In Chancery Geo Durant vs. Thos Leech et al

John Rowles of y^e parish of St. Paules Shadwell, in y^e County of Middlesex marriner, aged about 28 years &c

 1. That hee doth & for severall yeares hath knowne & y^e complt & y^e defts Sumers & Miller.

 8. That in y^e month of Aug^t 1677 this dep^t beeing att Limehouse in England came there acquainted with ye plt att ye Launching of a ship called ye Carolina whereto ye plt was cheife mate & Captain Gillam was master And saith y^t in or ab^t October 1677 y^e plt & this dep^t sailed from England towards Carolina in y^e s^d ship & about y^e 1^st day of December next following arrived att Pascuotanck in Carolina upon w^ch s^d Arrivall y^e s^d Captaine Gillam & about 5 of his men went on shore whereof this dep^t was one & left y^e s^d ship & Cargoe in y^e charge of y^e plt & upon theire comeing on shore y^e deft Miller tooke y^e s^d Capt Gillam & his five men whereof thy dep^t was one prisoners & kept them in Prison dureing w^ch Imprisonment y^e def^t Miller whoe had then assumed y^e Goverm^t of y^e Country & by his guards [5 illegible words] charged or loaded a Case of pistolls w^th bulletts & swore y^t hee would fetch y^e s^d plt out of y^e s^d ship dead or alive y^t night to w^ch sayeing y^e s^d Capt Gillam bid y^e said Miller have a Care what hee did for y^t it was Late & ye watch was sett & y^t y^e plt had y^e charge of y^e s^d ship & Cargoe And saith y^t ab^t 2 houres after y^e s^d Miller went he surprize y^e plt y^d s^d Captaine Gillame thy dep^t & his s^d other men were discharged out of Imprisonm^t & thence went aboard y^e s^d ship Carolina where they found y^e s^d Miller on board her in y^e Cabbin in y^e Complts company & thereupon y^e s^d Miller went ashore & parted with y^e plt freindly And saith y^t y^e plt kept on board y^e s^d ship severall dayes & did not Leave y^e s^d ship but kept a watch on her for her security (because informed y^t she would be surprized) & continued soe to doe for ab^t 10 dayes after y^t y^e deft Miller was taken prisoner by y^e Country And more saith not.

 9. That y^e plts house in Carolina is reputed by y^t Country to be y^e usuall place where y^e Court of Assembly doth sitt And saith y^t y^e court of Assembly did sitt there in December 1677.

 12. That after y^e s^d Miller was in prison & y^t y^e s^d Captaine & y^e plt & Seamen were come on shore out of y^e ship Carolina & y^t ye Country was settled in a peaceable Conduct & y^e severall goods were Landed in y^e Country out of y^e s^d ship w^ch then Lay att Pascotancke (w^ch is about 12 miles from y^e plts house) there thy dep^t did see y^e deft Sumers came with his sloope to y^e s^d place where y^e s^d ship did Lye & came on board her & Enquired for y^e plt who tooke him into his Cabbin & bidd him verry welcome And afterwards when thy dep^t & y^e s^d plt went y^e s^d Country thy dep^t observed y^e s^d plt & y^e deft Sumers to bee verry freindly together And thy dep^t knowes y^t y^e deft Sumers had free Liberty to come & goe w^th his s^d sloope in & ab^t y^t Country at his will & pleasure And saith y^t y^e said deft Sumers did Enter himselfe into y^e service of y^e s^d Captain Gillam & was made M^r of another vessell & in her made twoe voyages into Virginia in his Empoyment & about y^e begining of June 1678 Capt Gillam y^e plt y^e deft Sumers thy dept & one Leechs boy & others sayled for England on w^ch voyage thy dept observed y^t y^e plt & deft Sumers were verry freindly together & y^t y^e s^d Sumers & y^e s^d Leechs boy did acknowledge their kind usage att y^e plts house & how much they were beholden to y^e plts wife And y^e s^d deft Sumers then also complained ag^t y^e deft Miller & y^t hee was much y^e worse for him y^e s^d Miller & y^t hee y^e s^d Miller had wronged him verry much And saith y^t in July 1678 y^e s^d Capt Gillam thy dept & y^e other persons arrived into England when & where ye plt and deft Sumers parted verry freindly y^e s^d deft Sumers then acknowledging y^e many favors hee had received from y^e plt or to y^t effect.

John Rowles

⁶ Original deposition in Chancery 23 April 1681, Ams, Chancery, Town Depositions, Class 24, Volume 1055, Part 2, No. 34, in Public Records Office, London.  

15 Sept 1681 Chancery Court Durant vs Leech et al

John Taylor or y^e parish of St Martins in y^e feilds in y^e County of Middlexex gent aged about 30 years of beeing &c

 1. That hee doth know y^e Complt & ye 2 defnts Thomas Miller & Thomas Leech in y^e title of y^e Inter named & hath soe done for about 2 yeares.

 18. That y^e s^d defn Miller was molested by y^e defn Leaches wife a considerable tyme & was in danger of beeing arrested about a shallopp & goods y^t were in Carolina And saith y^t hee this dept was w^th y^e defn Miller & Mr Leech in or about November Last past when y^e deft Leech signed a paper to Mr Miller to Indempmfye y^e s^d deft Miller or spare him from any trouble about y^e s^d Shallopp or goods upon condition y^t y^e deft Leech would sue & arrest y^e s^d plt & cast him in y^e suites for y^e s^d shallopp & goods to w^ch s^d paper this dept is a wittness under his hand And this dept further saith y^t hee verrily beleives y^t y^e deft Leech had never troubled y^e plt Durant or arrested him for y^e s^d shallop & goods if hee had not beene thereunto instigated by y^e deft Miller & y^t y^e s^d Miller had not only promised to be assistant but also was assistant in y^e prosecuteing of y^e s^d plt who y^e deft Leech had arrested him for y^e afores^d Shallop & good And more saith not.

Jn^o Taylor

⁷ Original deposition in Chancery 15 September 1681, Ams, Chancery, Town Depositions, Class 24, Volume 1055, Part 2, No. 34, Public Records Office, London. .

23 April 1681 The Chancery Court Durant et al vx Leech et al

William Wilkinson of Ratcliffe in y^e County of Middlexex Mariner aged about 26 years of being &c

 1. That hee hath known y^e plt & defts Sumers & Miller in & ever since y^e yeare 1677 & ye deft Leech ab^t 3 months

6. 8. That ab^t y^e month of Aug^t 1677 this dept Entered himselfe in y^e Employment of Captaine Gillam in y^e ship called Carolina bound from England to y^e Country of Carolina whereof Captaine Gillam was Comander & y^e plt his cheife mate And saith y^t in or about y^e month of October 1677 y^e s^d ship sayled from England towards y^e Country of Carolina & arrived there about y^e first day of December then next following & came to an anker att Pascotanke in y^t Country & y^e same Evening Captaine Gillam went ashore w^th the dept & 3 or 4 more of y^e s^d shipps company w^th him & att his comeing of shore y^e deft Miller haveing assumed y^e Goverm^t of y^t Country hee & his Guard tooke y^e s^d Cap^t Gillam this dept & y^e rest of his men prisoners & kept us prisoners till ab^t midnight And saith y^t y^e defend^t Miller had a guard of many men whoe were most of them Bacons fugitives out of Virginia. And this dept further saith y^t y^e s^d deft Miller was Imprisoned divers dayes before y^e plt went on shore & y^e reason why y^e plt continued soe long on board was because y^e plt had y^e charge of y^e ship & Cargoe & kept a watch on y^e ship because hee feared y^e ship should be surprized by y^e s^d Miller & his party And saith y^t y^e plt to y^r best of this depts knowledge did not goe ashore till severall dayes after Miller was taken Prisoner & his guard dispersed & y^e Country settled in Peace.

 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 of Assembly did sitt there in y^e month of December 1677 att w^ch court this dept was then & there present & then & there saw y^e deft Sumers & att severall other places att his Liberty to goe & come w^thout any intercepcon during all y^e tymes of this depts aboade in y^e s^d Country of Carolina w^ch was about six monthes y^t is to say from ab^t y^e first of December 1677 till about y^e last of May then next following And more saith not

 11. That ab^t y^e Latter end of y^e yeare 1677 or y^e beginning of y^e yeare 1678 y^e Deft Sumers hired himself in y^e s^d Capt Gillams service in y^e s^d Country of Carolina & hee y^e s^d deft Sumers beeing in y^e s^d service this dept heard y^e s^d Sumers Sloop was up on Sale & hearing thereof hee this dept did to y^e best of his remembrance bid y^e s^d Sumers 15£ sterling for y^e s^d Sloop whereto y^e s^d Sumers answered y^t hee was bidd more for y^e s^d sloop by one Captaine Tyrell in Tobaccoe And this dept well remembers y^t y^e s^d Sumers sayd y^t if he could not sell y^e s^d sloop According to his mind hee was resolved to leave her behind him & to goe home into England w^th Captaine Gillam w^ch afterwards hee did And more saith not.

 7: 12: That during y^e tyme of this depts aboade in Carolina hee was informed by y^e inhabitants of y^t Country y^t y^e s^d Sumers was to have gone a voyage from thence to Antigua in y^e Timothy Biggs his Sloope & y^t y^e s^d Sumers did also confesse and acknowledge y^e same to this dept & y^t hee had beene in worke upon y^e vessell hee was to goe in thither he fitt her to goe out y^e reason why hee did not goe y^t voyage this dept doth not remember And saith y^t ab^t y^e Latter end of May 1678 this dept beeing then belonging to y^e s^d ship Carolina in company of y^e plt & y^e deft Sumers & y^e s^d Leechs boy & others sayled from y^e Country of Carolina towards England & in all y^t voyage y^e s^d plt & deft Sumers were verry freindly together but Especially y^e deft Leechs boy whoe did often acknowledge y^e many favors & good usage hee had received att y^e plts hands & more saith not

 William Wilkinson

⁸ Original deposition in Chancery 23 April 1681, Ams, Chancery, Town Depositions, Class 24, Volume 1055, Part 2, No. 34, in Public Records Office, London.  

4 August 1681 In Chancery Court Durant vs Leech et al defts

John Wood of St. Buttolphes, Algate in the County of Middlesex Clerke aged 29 yeares or there aboute being used as A wittnes on the part of the Complt in this cause was &c shewed in person to Mr Rizard Darbyshire &c by Mr. Burmshen &c Deposeth and Sayeth

 1. That hee dooth know George Durant in the tytle of the Interns named for Complt & the defendt Solomon Summers & Thomas Miller therein named and hee hath seene the defendt Thomas Leech, the said Complt & the defendt Miller hee hath knowne for aboute five yeares last past & the defendt Summers aboute foure yeares past.

 3: 4: That hee this depont was in the Provence of Carolina in the yeare 1677 & continued there untill aboute the month of May 1679 And hee sayeth that the defendts Summers & Miller & a boy which this depont understood was the defendt Leeches boy did arrive into that Provence of Carolina aboute July 1677 with a small Vessell being a Shallopp or Sloope & some goods as some Callicoes & other goods as this depont understood and as this depont was informed that the said vessell came from Bermudos And this depont sayeth also that at their arrivall there, the same defendts Summers & Miller & boy tooke upp their aboade at Tymothy Biggs his house in the County of Albemarle Carolina, And here sayeth that the said defendts Summers & Miller did both of them owne in this deponts presence & hearing that the said Shallopp or Sloope & goods did belong to the defendt Miller, And this depont alsoe Sayeth that the said defendt Miller had a Gowne of Painted Callicoe and Curtens & Valens for his bed of the like Callicoe And that the said Tymothy Biggs & his wife had out of them alsoe a Gowne of Painted Callicoe, in the tyme of the said Summers & Millers aboad at the said Tymothy Biggs his said house & this depont contends that the same were of the aforesaid Callicoes, And further hee sayeth hee cannot depose for the satisfaction of any the questions of those twoe Internes to his rememberence.

 5:6: That after the said defendts Summers & Miller had beene some tyme abidding at the house of the said Tymothy Biggs in Carolina in the yeare 1677 it was generally Reported that the defendt Summers was to goe a voyage to Antigua in the said Tymothy Biggs his Shallopp or Sloppe as Master thereof and hee sayeth that the said defendt Miller had in that yeare 1677 a Guard of men to Guard his person whoe were most part of them men of bad repute & persons that had beene assisting to Bacon in the late Rebellion in Virginia & fled from thence, And that hee the said defendt Miller to many of them gave Coullered figured Ribon for knotts & favours to weare, but whence hee had the said Ribbin this depont cannott say Nor further can depose for the satisfaction of these 2 Inters to his rememberance.

 7: That hee this depont in the yeare 16777 was often tymes at the said Complts house in Carolina before the said Complt arrived home out of England, And that hee this depont did then severall tymes see the defendt Summers & theafores^d boy there at the said Complts house, But this depont sayeth that the said Shallopp or Sloope & Severall of the goods were at the said Biggs his house it being then generally reported & believed that the said defendt Miller was the owner of them, And this Depont sayeth that hee never heard that the said defendt Summers was ever imprisoned at the Complts house or elsewhere in the Provence of Carolina in the yeare 1677 And this depont dooth believed it to bee true that the said defendt Summers had always his liberty & freedome at the said Complts house, by reason hee this depont hath oftentymes heard him the said defendt Summers acknowledge & declare that hee was very much beholden to the said Comptl & his wife for their kind entertainment hee had whilst hee the said Summers was at the Complts house, And this with what hee hath before deposed is all he sayeth to this Inter

 8: 9: That before the said Complt arrived at Carolina in the yeare 1677 the said defendt Miller severall tymes declared that that hee would hang the Complt at his the Comptls doore assoon as hee the Complt came home, And this depont sayeth that hee this depont did heare & dooth beleive that the same night that the said Complt arrived at Carolina which was about the first of December 1677 in a Shipp whereof hee was Cheife mate, the said defendt Miller did goe on board the said Shipp with Armes to fetch the said Complt ashore, And this depont sayeth that the said Complt was in Carolina generally reputed there to bee the Attorney Generall, And that hee the Complt hath beene soe reputed ever since this depont knew him, And this depont further sayeth that the defendt Miller haveing assumed the Government of that Country of Carolina & being as it seemeth suspitions of the peoples riseing against him for his assuming the Government, did aboute three or foure dayes before the Complts arrival command the Inhabitants to bring their Armes to him the said Miller, and aboute three or foure dayes after the said Complt arrived at Carolina (But not on shore for hee Continued on board of shipp) the said defendt Miller was seized on & Imprisoned by the Inhabitants And this depont never knew or dooth beleive the said Complt came on shore till aboute a fortnight after the said defendt Miller was soe seized And sayeth that all the tyme that hee this depont was in Carolina that said Complts house was the usuall place for the assembly to sitt And that the Court of Assembly did sitt there in December 1677 And after that Court of Assembly was dismist this depont did see the deft Summers at Pascuotank in that Country with the said Shallopp or Sloope, And this depont alsoe sayeth that hee this depont did never heare or dooth believe that the said Shallopp or Sloope was ever seized or deteyned from the defendt Summers whilst hee was in that Country of Carolina by any person whatsoever, otherwise then by the said defendt Miller before the Complts said arrivall which said Miller did claim her as his owne Shallopp or Sloope, And further hee sayeth hee cannot to his now remembrance materally depose for the satisfaction of any the questions of these twoe Inters

 12: That hee dooth knowe that after the said defendt Miller was Imprisoned as aforesaid the said defendt Summers had his free liberty & did travle upp & downe in Carolina with the said Shallop or Sloope without any Interrupson whilst hee this depont Continued in that Country which was till May 1678 And that with what hee hath before deposed hee sayeth is as much as hee can to his now remembrance depose for the satisfaction of any the questions of this Inter

John Wood