Colonial Williamsburg Digital Library

The Deposition of Cap^t. James Moodie
late Commander of her Majesty's Ship
Southampton &c

This Deponent saith that he was comanded
by the R^t Hon^ble: the Lords Commiss^rs of the Admi-
ralty in the year 1701 to saile to Virginia with
his Majesty's said Ship to attend that Colony, And
to receive such Orders from Gov^r Nicholson as he
should give him for his Majesty's Service, till
further Order. This Deponent farther saith
that he did arrive in Virginia with his Ma^ty's
said Ship the 13^th: day of September 1701, or there-
abouts, And that the next day he did goe to
Williamsburgh, not only to give the Gov^r an
Account of his Arrival, but also to receive the
Governours Orders for his Majesty's Service,—
And likewise to consult with the Gov^r of what
orders he might have to put in Execution.

This Deponent further saith that he arriv'd
at Williamsburgh the 14^th: September at night
(as well as he remembers) The next morning y^e
Gov^r desired this Deponent to go to Yorke—
with him to Cap.^t Nevill (of the Lincoln)'s—
Burial, who had been dead 3 or 4 days, And
accordingly this Deponent with the Gov^r
went to the foresaid Place, And at our Arri-
val at Yorke there was a great Concourse
of People and a great many of the Militia,
^Examind. both Horse and Foot. The Corps being in the
ground before, but not covered, There was a
Sermon preached by the Chaplain of the said
Ship Lincoln. The Sermon being over, as also
the Ceremony, this Deponent went out of
the Church, where he saw and heard the
Gov^r, in the most Outragious Passion that
he ever saw, Swearing the most horrid Oathes
and ^most bitter imprecations against M^r Slaughter
the (then) Minister of that Parish, calling—
the said Slaughter Rogue, Rascall, Knave
and all the base Billinsgate Language that
could be in the basest of men's mouthes,—
Shakeing his horse-whip and threatening to
beat the said Slaughter there with, and to
pull his Gown over his Ears, telling Slaughter
withall that he had two Livings, And that
he would write to the Bishop of Canterbury
or London to take one (or both of them) from
him, charging the said Slaughter with being
a Drunkard and what not. This Depo-
nent further sayeth ^{**
that he verily believes
that if he had not
been there, the Govr:
had done as he threat-
ned this Deponant
Sayeth} upon inquiring the reason
of the Gov^rs so violent passion, there was—
Answer made, that was little to what was—
usual with the Gov^r, And that it was because
Slaughter had asked some Fees of Some of the
Officers of the Lincoln for burying Cap^t. Nevill
in the Church. This Deponent further sayth
that the Gov^r and this Deponent returned to
Williamsburgh that night , where the Councill
and Assembly was sitting , And that the next
day the Gov^r called this Deponent before the
Councill and demanded of this Deponent what
he had to propose for his Majesty's Service.
This Deponent answered that he was a Stranger,
but would advise with his Officers and send him
word of it in writing, or words to this effect.

This Deponent further sayth, at the same
time he told the Gov^r and Councill that he found
the Bread on board the ship very bad, And that
he believed he should want Credit for Supplying
the Ship with that specie of Provisions and
also others in time, and desired the Gov^r and
Councill would provide him Credit in time.
The Gov^r made answer that he had trusted or
given Credit to some of his Majesty's Ships,—
and I think in particular to Cap^t. Aldridge of
the Essexprize, And that his Correspondent
in London had wrote him that that money
was unpaid; And therefore he would not
give any more Creditt, And that I should
have brought Credit with me, or to that
effect, and grew very angry. This Depon^t.
further saith that the Gov^r was seconded by
Coll Jennings, who is now here, who rose
up in a very Spitefull manner, Said that the
Colony had suffered sufficiently by giving the
Government Credit, or at least the King's—
Ships; And that if the Councill would be
advised by him they should not trust the
Government one farthing, or words to
that effect: And this he said with all the
Spight and ill manners he would well shew
in that Place.

This Deponent further sayth that he
asked Coll Jennings if he had lost any thing
by trusting the King or Government. Jennings
answered if he had not here was one that
had, or words to that Effect. Whereupon Coll
Custis made, answer he had lost 300£, or he
and his father at least. This Deponent made
answer that he knew not but it might be
so; But he did beleive he was the only man
that had lost one Sixpence by the King or
Gov^t. This being what past at this time,
this Deponent was informed afterward that
the said Custis had not lost one shilling by
the King or Government; But having bar
gained with Cap.^t Polson in the S^t Albans-Prize
for a quantity of Beef at a certain Price,
when delivered on board, had his Sloope,—
Negroes and beef all lost before delivered,—
and consequently nothing due for it; And
for this he reflected upon the Government.
This Deponent further saith that about
3 or 4 days after, as near as he can remember,
he this Deponent wrote up to the Gov^r what
he thought might be wanting for his Majes-
ty's Ship, of which he had no answer till some
time in the later end of October, as well as
he remembers, as may appear by the Gov^r
and Councills Orders about that time, wherein
they excuse giving Credit to the King, or at
least his Ship: But indeed in that order the
Gov^r says he will give his own Credit; But how
he performed his Promises will appear as
followeth. This Deponent further sayth that
towards the Spring he proposed the Careening the
Ship, which the Governour readily agreed to, And
in what Place I should think fit, and he would
pay the Charge; Whereupon he this Deponent
fitted such a Place as might not only be service-
able for Careening the Southampton at that
time, but also any other of his Majesty's—
Ships that might come in there, being damni-
fied at Sea or the like, And that in the most con-
venient Place in Virginia, And accordingly—
this Deponent careened the said Ship, as well
as had it been in Deptford Dock.

This Deponent further saith that about
the middle of July 1702 he this Depon^t. with
Captain Dove, Roffey, Midleton, the Captains
of the Convoys then there, with our Officers—
was sent for by the Governour to come to—
Williamsburgh to the Proclamation of her Ma.^ty
where was most of the Principal People of
the Country. This Deponent saith that
next morning after the Proclamation, the
Gov^r and he walking in some of the uper—
apartments of the Colledge, This Depon^t. desir'd
the Gov^r to order the money to be paid for ca-
reening the Ship, as he had promised this—
Deponent, in regard the Fleet was to Saile
for England, or give this Depon^t. a Bill to
Coll Wilson, of whom this Deponent had borrowed
the money for that use; But before this
Deponent could make an End of speaking the
Gov^r Gov^r flew out into such a Passion against the
Commissioners of the Navy, calling them all
the basest names that the tongue of man—
could express, And with such a Noise that
the People down in the lower Roomes came
runing upon Staires, And likewise Cap^t. Dove,
Roffey and Midleton, who lay in a Roome
some distance, came runing out of their
Beds in their Shirts, the latter without his
wooden Legg holding himself by the Wall,
beleiving that the Colledge had been on fire
again as it had been two nights before; but
upon inquiry of the Occasion, could but Admire
at the folly and passion of the Gov^r, saying
Bedlam was the fittest place for such a man,
So this was all this Depon^t. had for the money
he had borrowed to careen the Ship, and was
necessitated to give his own Bills to Coll Willson
for the said money, which amounted to about
72£ not withstanding of the Gov^rs many and
repeated Promises.

This Deponent further saith that about
the 28^th: or 29^th: of July 1702, the fleett sailed—
out in the Bay, in order to saile for England,
The Gov^r being on board the Depon^ts Ship, ^that
The Gov^r desired his boat to send into the Fleet
with one William Robinson (his Clerke) Which
he this Depon^t. ordered accordingly; And after
his Return on board several times, the said—
Robinson speaking to the Gov^r, the Gov^r seem'd
angry, Which gave this Deponent some reason
to think that the Gov^r had sent to stop some
people that had a mind to goe in the
Fleet for England, And upon inquiry heard
it was M^r L'Fouace A Minister who could
not be found.

This Depon^t. further saith that his Ship
being ^very Scarse of Provisions, And his Credit and
Purser's being exhausted, having found the Ship
with Provisions from June to October with
their Own Credit, The Country People would not
take their Bills any Longer without they—
were indorsed by the Gov^r, or some other
People in the Country; Whereupon he sent
his Purser and wrote to the Gov^r, desiring that
would be pleased to indorse our Bills, Which
he absolutely refused. Then the Purser desired
Credit, Which the Councill denyed again;—
But says the Gov^r, if you can find ready—
money, I will give you Creditt, beleiving (as
indeed he well might, as I did at that time, being
Strangers) We could not find ready money in
that Country.

This Deponent saith that in about a month
or two or thereabouts his Purser heard of one—
M^r Servant that had a 100£ to remit home,
The Gov^r coming down near where the Ship
was this Deponent with his Purser, told the
Gov^r that they heard of a 100£, desiring he
would give them a Bill, Which he promised,
but in anger and with Reflections

This Deponent further saith that on
the 14:^th day of December 1702 he received Orders
from his Royal Highness, dated 24^th: June 1702,
as also Orders from Cap^t. Jn^o. Leake Commander
in Cheif at Newfoundland, to Saile with her
Majesty's Ship Southampton to Newfound-
land and joyn the foresaid Cap^t. Leake,—
The next day this Deponent went to Williams-
burgh to give the Gov^r an Account of his—
receiving his Royal Highness's Orders; But
at his Arrival at Williamsburgh the Gov^r
was not at home, So this Depon^t. left a
Letter for the Gov^r, acquainting him thereof,
which he answered some time after.

This Depo^t. further saith that he sent to
the several Rivers in Virginia, not only to
the Commanders of the Merchants ships, but
also to the Collectors and Naval Officers, that
he had received such orders and that he was—
willing to take such Ships as was ready to
Saile with him, according to his Orders as well
as the 52^d Article of his General Instructions

This Deponent further saith that some
time after he had so done, the Gov^r sent him
a Letter to know how he durst do so, or by what
Authority he did send to any Commanders of
Ships or others, or to this Effect. He this De-
pon^t. answered that he did it by virtue of his
Orders and the 52^d Article of his Instruction
The Gov^r answered this Deponent in a very—
threatening manner, and as this Deponent
was creditably informed, the Gov^r did say—
(and that in Councill) That he commanded
all Ships within the Capes of Virginia,—
S^t George Rooke himself not excepted, And
that if the best Duke or Lord in England, or
the best Prince of Europe was in Virginia,
he should not goe out of it without his Orders
or Leave, And that this Deponent should not
goe by virtue of any Orders but his; And indeed
this Depon^t. has good reason to beleive this to be
true by reason of the Several Orders that the Gov^r
sent him not to depart the Colony before his
limited time, being the 18^th: day of March 1702/3
Which he has to produce, Notwithstanding his
Royal Highness's Orders.

This Deponent further says that he knows
it to be customary to the Gov^r to abuse the best
of the Country, by giving them Scurrilous—
Language and branding them with Disaffection
to the Government, if they will not acquiesce
with him, And has been credibly informed—
that the Gov^r calls Courts and Swears people
Ex Parte, And has his Emissaries to prompt
people to Swear against any one that he has
a Mind to defame

This Depon^t. further saith that he was
credibly informed, and had other good reasons
to beleive it, that the Gov^r did endeavour to
make a Mutiny in this Depon^t's. Ship, The
Gov^r telling this Deponent that his Officers
were Rogues, and what not; And that they
had aimed to betray him; And particulary
the first Lieutenant, Chaplain and Surgeon:
This Depo^t. answering that he knew them to be
very honest men and as good Officers as any
that Serv'd her Majesty; Therefore could not
not beleive anything of it, Neither was it in
their Power or any persons to betray him;
For that he had not neither would act any
thing but what he could well answer. The
Gov^r then replyed, Why do you not think
that your Lieutenant has a mind to rise?
The Deponent replyed yes, but not by—
unjust means; And a great deal to that
Effect

This Deponent further saith that when
the Gov^r saw that he could not get his Ends
that way, he then endeavoured to set his
2^d Lieu^t. and Purser against him, telling
them (as they told him) that the Gov^r told
them they were English men and he was
a Scotch man, meaning the Deponent.—
They answered the Gov^r that the Depon^t. was
their Commander, and so long as he discharg'd
his Trust to her Ma.^ty and Government, they
would stand by him, or words to that Effect

Some time in Nov^r or begining of Decem^r
or thereabouts (as well as this Depo^t. remem-
bers, not having his Papers by him) the
Gov^r came onboard this Deponents ship.
The Deponent telling the Gov^r (on the Quarter
Deck of the said ship, in the presence of this
Depo^ts first Lieu^t. and Purser, And he thinks
his 2.^d Lieu^t. and Master (as well as this Depo^t
remembers) That he was in great want of
Provisions for the Ship. The Gov^r answered
this Deponent that there was a ship in York
River that had been a Transport ship from
England to Ireland with Soldiers, And had
Provisions on board to dispose of; Whereupon
this Depon^t. told his Purser that he should goe
and see to get it. The Purser asked the
Gov^r if so be he should goe and if he bought
the Provisions, Whether he might drawn upon
him for the Value. The Gov^r answered he
might draw, and he would pay it. According-
ly the Purser went to Yorke River to the fore-
said Ship and bought as much as the said Pro-
visions as came to ninety nui pounds (as
well as this Deponent now remembers) and
gave the said Master a Bill on the Gov^r for
the said Sum: But when the said Master
presented presented the said Bill to the Gov^r
(as the Gov^r had ordered) the Gov^r flew out in
his usual way of Passion, abusing the
Poor man for accepting a Bill on him,—
Telling the Master that he had not ordered
the Purser to draw on him for Provisions,
but for ready money, And would not pay
it; Which answer so afrighted the poor man that
he went away without any other Satisfaction,
which occasioned the said Master to write a Letter
to this Depo.^ts Purser, praying he might not let him
lose his money; Whereupon this Depo^t. ordered his
Purser to give the said Master his own Bill,—
which he accepted of

This Depo^t. saith, that hearing that the
Gov^r and his Emissaries, particularly Coll Wilson,
made it their Business to intercept Letters.—
He contriv'd a Letter and sent it to a Friend of
his by the Common way, Which acordingly was
intercepted by the foresaid Coll Wilson, who sent
a Copy of it to the Gov^r which was read in
Councill in presence of the Gentleman which
this Depo^t. sent the Letter to, Which the Gen:^an
declared in Councill that he never gave any
Copy of or communicated to any person;
But that the Letter came open to his hand.—
And Since this Depon^t. came from Virginia
M^r Wallace told this Deponent that Wilson
own'd to him that he had opened the Letter
and taken a Copy of it.

This Depon^t. further saith that out of
2000£ Credit that this Depon^t. and his Purser
raised for the Supply of Provisions for her
Majesty's Ship Southampton in Virginia,
they had but four hundred pounds of the Gov^r,
and that with many Reflections & Noises.

This Depon^t. further saith that he was
told by Several People in Virginia that if
there was not care taken to remove the
Gov^r that the Major part, and particularly
the best Sort of the People would be ne-
cessitated to leave the Country, And that
they beleived it would be as bad, if not worse,
than Bacon's Troubles or Rebellion, and
the Colony would be ruined, And that a great
many People would goe off the next Convoy
&c. This Depo^t. farther saith that he did
not know of above three or four People
that did speak one good Word of the Gov^r,
And those were such as he had put in Places
And some of them against his Orders and
Law, And in particular Coll Will: Wilson, one
of the greatest Traders in Virginia, is a Naval
Officer at the mouth of James River, Who—
also (as this Depo^t. has been informed) was
ordered to be prosecuted by the Assembly for
the Duty of some of his own Wine, Which,
being brought into his own district in his
own Vessell, was sent out again without
paying the Duty

Copy of M^r: James Moody's
Affadavit, relating to the—
Mal-Administration of
Col: Nicholson Governor
of Virginia; Sworn the 1^st:
of May 1704
N^o: 8.