Article 9th.

That the s Edw: Hill contrary to his duty, & trust of a Justice of Peace haveing by his warrant comitted the sa Jn° Baxter to prison for treason, and for a reward (proposed by him the sa Edw: Hill) to be given him, the s Hill offers to help the sa Baxter's escape out of prison, & to p'vent any persuance after him, and when he saw that would not p'rvaile wth Baxter, he the s Hill without any warrant, or couller of authority, tooke away & converted to his owne proper use the Estate of the sa Baxter, wch besides the ruine of the poore man, his wife and children, is an act of p'sumption and dangerous Example as will appeare upon inquiry into the subtelity & terror used in the managem of the wrongfull action.

The will of Richard Jordan, dated September 24, 1695, proved in Surry November 7, 1699, names his sons, Richard, Charles, and Robert; daughters, Rachel, Elizabeth, Margaret, Hannah, Mary, and Sarah, and wife.

† Major Theophilus Hone was a justice of Warwick county in 1652. He afterwards removed to Jamestown, was Burgess for James City county in October, 1666, and sheriff of James City county 1676. Prior to May, 1672, he married the widow of William Richardson. In 1675 Theophilus Hone, Jr., and Thomas Hone had a grant in James City county, adjoining the land of Sir John Aytoun. There is recorded at Essex Court-house a deed, dated Rappahannock county November 2, 1686, from Christopher Wormeley, Esq., to Malachy Peale, of Stafford, conveying land which was granted to Thomas Hopkins in 1654, escheated, and afterwards granted to Thomas Hopkins Hone, gent.; by him conveyed to Justinian Aylmer, and by Aylmer to his wife, Frances, now the wife of Christopher Wormeley. In a pedigree of a family of Hone in the Visitation of Essex, 1634 (Harl. Soc., page 423), it is stated that Thomas Hone, of Farnham, 1634, married Judith, daughter of Theophilus Aylmer, Archdeacon of London, and had issue: William, Thomas, Theophilus, Edward, and Elizabeth, all alive 1634. It can hardly be doubted that this was the family of the Hones of Virginia. It has been stated that the second wife of Major Robert Beverley, of Middlesex, was Catherine, daughter of Theophilus Hone; but as the parish 1egister states that he and “Madam Katherine Hone were married in Gloster March 28, 1689," it is probable that she was Major Hone's widow, and as Beverley in his will speaks of his “brother-inlaw," Colonel John Armistead, of Gloucester, it is probable she was an Armistead.

In answeare to the 9th article, I shall moste truely confesse my faults, & I believe more than can be proved ag' me, neither will I conceale one of my errors, but yo' houn" shall knowe my whole carriage in Baxter's business, although I fear twill be troublesome & tedious; but the truth cannot always be told in few wordes, and for my errors I heartily begg pardon-first then yo' houn" must be made acquainted, that this Baxter and his wife, are peeple of moste evil manners & conversation, and indeed habited in all manner of wickedness, & to that height that they hired a moste notorious villaine (by name Robert Dennis) to shoote and murther me, as by the s Dennis confession thereof can be proved, this very fellow for a reward to be given him by the s Baxter & his wife, did in the night time (sometime in or about June last yeare) make an attempt to execute and finish theire wicked and murtherous designe contracted, & premeditated by them as afore and to that end and purpose came to my house as afored by the wicked instigation of the sa Baxter & his wife, and at his first approach was by my doggs discovered, soe that at that instant he could not act his bloody strategem, but removes his station, & waites his opportunity, and p'sently after I happened to goe from my house to the cellar weh standeth close by, we he percieving prepared himself, and waited the opportunity of my returne out wh was shortly after, and through, & by the wicked instigation and allurem' of the s Baxter & his wife, theire faire promises of large rewards as afore he the sd Dennis did then and there fire, and discharge his gunn at me ready prepared & loaden wth a brace of bulletts to the end and purpose afore we bloody rogue I afterwards imprisoned for the same, but he broke prison and escaped. But to the matter, I rece in Aprill, 1676, an order from the Govern' & council to raise thirty soldg (well armed) in our county to waite upon his houn' to the suppressing of Bacon. In obeydience to weh I sent out my comands to my under officers, to impress soe many men in theire company, wch (by the way) Capt. Nich° Wyat denyed, as by his letters will appeare, amonxt others this Jno. Baxter is impressed by my Leiut. Warned to appeare at the day, but Baxter instead of obeying that comand makes provision, & p'suades two, or three more, takes his armes & amunition, and flyes to Bacon, who was then goeing out the first march and there went out and tis thought killed one of those he invited out wh him, he being

an evidence ag1 him for tradeing wth my servants for my tobo, & at that time the suite depending for the thous pds of Tobo after he came in from the Occancechees, still continues his rebellion, is Bacon's guard. When the Govern' was returned from Accomack in Capt. Larramore, and I had left my house to wayt on him this man unsent for, comes and robs, and plunders my house, drinks & carryeth away my wines, &c., and severall other goods, hath my sheep killed & drest at his house, his wife wth herself & doggs kill severall of my hoggs, gather my Indian corne, leave doune the fences, purposely to destroy the cornefield, and in truth doeth me all manner of mischief, and to doe further harme, getts into Digby's sloop under his comand, who at the Govern" goeing from town keeps in sight of the ships, where aboute Newporte News, and from the banke shot severall gunns ag' the Govern', & the King's flagg aborde Larramore, and continues in his active villainyes & rebellion, untill the Gentlemen of Henerrico ris in armes for his maties servis to take crews as wch they did, and this Baxter alsoe, who going into that county, & known for a notorious rebell, was there taken and put on the Gard wth Crews, but when they joyned wth our county forces, deliver him to Capt. Stith, who a day or two after I comeing into the county, gives me an acc' of him wherefore as in my answeare in the seventh article, I would not admit him to take the oath, but sent him prisoner to the guard, & his wife alsoe, a moste notorious slutt and thief in robbing my house, takeing my wynes, clothes, shifts, linen, &c. Mr. Lewellaine* a Gent my neighbor haveing some kindness for Baxter & knowing he deserved death if prosecuted intercedes wth me not to be severe, nor prosecute him. I tell him it is out of my power, I had nothing to doe wth it. He told me nobody would minde him if I did not, and I should be hardly thought of to take away a man's life because he had Injured me. I told him it was not for his Injury to me, but his treason to the King & I neither was nor would be concerned with him, but let the law take his course, for I could comit to prison for treason but not acquit; thus continued Mr. Lewellin to solicit me for about six weeks, and if I

* Daniel Llewellin patented land in Charles City county in 1653, and owned land adjoining Shirley in 1660. In 1680 he was a justice and captain of militia. Daniel Llewellin, who was justice of Charles City in 1699 and 1702, was probably a son.

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should say daily when I was at home, I think should not lye, and when I had given him my absolute answear that it lay not in my power to release him, then he told me Baxter had liberty to goe out at prison, what if he ran away. I told him he mought runn away & be hanged if he would-I did not care, it was the Sherif's buisness to looke to that, not myne, but he told me he thought I would not be soe contented because first he owed me tob, in the next place I had an action depending of Tenn Thous" pds of tob° besides his robbing & plundering of me. I. told him I vallued it not if he had his deserts, I must finde my satisfaction as I could. He told me Baxter was his debtor, and he should be unwilling to loose that, but tells me Baxter would venture runing from prison, and would be glad to leave that small estate he had if I would accept of it and pay all his debts, and shews me a particular acct. of Baxter's debts, wch was as much as the Inventory of the estate was worth, weh Mr. Lewellin had (on his first comitm't to the guard) taken, and was in his custody & never stirred or removed (unless powder and shot a very small quantity, & papers), as is falsly alleadged, at web I smiled, told Mr. Lewellin my oppinion, and gave it him againe. Mr. Lewelling presseth me againe that I would not take away the man's life. I tell him, I had nothing to doe wth it, if he did breake prison I would not make it my buisness to p'ue him, but concerne myself wth him I would not. Well, he would but he did not know how to make such a writeing whereby he might have a right to the estate that should be left, and I (Truely) told him nor I neither, but could not finde beliefe, but I must by all means write something to that purpose, and this desired and p'suaded from me by all the endearm" that might be, I to satisfye Mr. Lewellin, writes a few lines as from John Baxter to Mr. Lewellin, wherein he confesseth his treason & rebellion his debts and Injuryes to me, and all his other debts, prayes him to take care to pay his debts wth what estate he had left for knoweing his own guilt he resolved to shift for himself. Wth what reluctancy I did this God onely knowes, but Mr. Lewellin knowes, & doeth testify these or the like circumstances to be true, and that soever I had writ the note I told him that to satisfy I had writ, but bid him take it imediately & transcribe it, wch he imediately did, and I burnt the originall, & what use the other was put to I knowe not, and in truth this is the crime, and the onely crime

they can charge me wth, but to shorten, Baxter never rann away, but when the tryall of prisoners was at towne, Mr. Lewellin keeping his solicitations afoot for Baxter, I left him still in prison wth the Sherif from whom he hath liberty to goe over the river, and up and downe the county where he pleaseth, and is admitted by the Justices to pardon, & takes the oath of obeydience, given by Mr. Jno. Drayton although under that comitat all unknown to me, Jno. Higgaldy is along with me carried to Green Spring, and there I frame a petition to his houn' in theire names (Baxter his wife and Higgaldy) for theire pardon, Jno. Higgaldy signs it in behalfe of himself, Baxter, &c., and his houn' was pleased with his owne hand writeing as may be seen that at my request it was granted. After this I come up, shew Mr. Lewellin the pardon, and to Jno. Baxter, comeing to my house a day or two after who I thought was in prison, but it appeared he was always at his liberty, and had been admitted to the oath & pardon before as afore and after this make a composition to my losse, for my debt, damages sustained, for wh my action was comenced long since, and the spoiles, & robberyes he comitted it my house. I doe moste seriously protest, this is the truth to the best of my remembrance of that moste horrid story, that the agrieved good peeple tell of my hard dealing with theire brother Baxter, and may it please yo' houn" but that this is much too long already, to tell the composition you would rather wonder at my weakness than severity. And thus begging pardon for my faults I end the ninth article.

Article 10th.

That the s Hill to fortify himseif whin this county to doe whatsoever he pleased, and to keep himself from being brought to answear for any of the wrongs, oppressions, misdemeanors, & crimes afores and the better to enable him to comit the like in time to come to the utter ruin of this county, did p'vaile wth Sr Will Berkley to be stiled, & called, and to have the power and authority of Coll° and Chiefe comander of all the forces of this county, and president of the Courte, a stile unknown in this county before, to the great dishoun' of divers worthy gentlemen of the s county of greater seniority, and more eminent abillityes of courage, conduct, and integrity, then himself, to the enkindling the fire of discord, and heart burnings win this county, and to