More about the John Simmons Burgess from Surry and John Simmons Burgess from IOW.
The Southern Literary Messenger, vol XVIII, 1851, p 603, 604
August the 10th, 1715
The Nottoway Indians appearing this day before the Governor in Council were asked whether they would comply with their treaty by sending twelve of their boys to be educated at the school at Christanna and removing themselves to the land assigned them at Tomahitions, and they obstinately refusing to do either, it is the opinion of the Council and accordingly ordered that the great men of the said nation who are now in town be forthwith put in irons during the Governor's pleasure, and untill this Board shall consider of further measures for obliging the said Indians to perform their treaties. And
Whereas the said Indians have upon their examination declared that John Simonds of the County of Surry was the person who advised and persuaded them to petition the House of Burgesses and brought the petition to them to sign, and it is ordered that the said Simonds be sent for to attent this Board to answer his offence in seditiously stirring up the said Indians against the established laws of this Colony.
August the 15th, 1715
John Simons of the County of Surry, appearing before the Board, to answer the charge against him for his seditious practices with the Nottoway Indians, acknowledged that the Nottoway Indians only desire him to draw a petition for them to the Governor for having a school at their own town and a store of goods settled there for their convenieny, but that he afterwards drew up the heads of the petition now presented to the House of Burgesses, and gave them to Mr. Edward Goodrich, who put them into forme and directed them to the House of Burgesses, and having returned the same to the said Simonds he got it transcribed in another hand an the Indians signed it at the Caire (?) of claims in that County : Whereupon it is ordered that the said Simons be dismissed his attendance for the present upon his promise to transmitt to the Governor the original petition drawn up by the said Goodrich.
[No further proceedings appear to have been had in this case.]
This would probably have been John Simmons the Burgess from Surry (although no records show he was a Burgess in 1715 but he did serve as a Burgess before and after), but in 1715 it could have been John Simmons d 1749 as a very young man.
Below is John Simmons the Burgess from IOW, previously from Surry.
Seventeenth century Isle of Wight County, Virginia: a history of the county ...
p 3. 4
In 1734, the Assembly passed an act to enable the Nottoways to sell certain lands. the act provided that
"Whereas the Nottoway Indians are in possession of a large tract of land, laid off in a circle of six miles in diameter, lying and being on the North side of the Nottoway River, in Isle of Wight; and one other tract, six miles square, on south side of said river. And whereas that nation is of late reduced by wars, sickness and other casualties to a small number of whom many are old and unable to hunt, so that one tract will be sufficient for them and these two large tracts prevent the increase of inhabitants, John Simmons of Isle of Wight, Thomas Cocke and Benj. Edwards of Surry are appointed trustees and deeds are to be recorded in Court of Isle of Wight."
We know from the grants I posted before that John Simmons "Jr" d 1749 was from Surry in 1727. He apparently moved to IOW soon after that as he was referred to as John Simmons of IOW in 1734. This next John Simmons could have been either Sr or Jr, but I think it's more likely that this is John Simmons "Jr" d 1749 who was still living in Surry at this time.
On June 13, 1728, one John Simmons of Surry County, appeared before the Colonial Council of Virginia and got permission to surveyand patent the tract of land called Raccoon Island – some 300 acres (surrounding area) which included open fields of corn ready for harvesting.It is further recorded that the reason given for his request was that the Cheroenhaka (Nottoway) Indians had deserted the Quiocosine House – WE say how can the dead desert the grave!On August 28, 1728, the Colonial Council of Virginia granted the patent for Raccoon Island to John Simmons (No Deed Transfer).It is further noted that according to Vol. IV, of the Executive Journals of the Colonial Council of Virginia, that on June 10, 1731, a Thomas Butt challengedJohn Simmons for the rights to Raccoon Island – then referred to as Ranson Island – 300 acres; however, the Colonial Council of Virginia judged that John Simmons had previously purchased the right of the Nottoway by the License and Approbation of the Government.
The patent for Raccoon Island in 1731, set the stage for the beginning of land deed transactions of some 41, 000 acres of Tribal Reservation Land (Circle and Square Tracts) between the Cheroenhaka (Nottoway) Indians and the Colonials.Shortly after an act of the General Assembly made at a session held a Williamsburg, August 7, 1735, in the Eight year of the Reign of George, the Second King of Great Britain, an act instituted to enable the Cheroenhaka (Nottoway) Indians, “Chief Men”to sell certain lands, resulted in the first of many lands deeds let between the Cheroenhaka (Nottoway) Indians, “Chief Men” and the Colonials…..
(Transcribed from the original Deed dated November 24, 1735)
****Nottoway Indians to Charles Simmons Deed****
This Indenture Tripartitemade this seventh day of August in the year of our Lord One Thousand Seven Hundred and Thirty five Between King Edmonds [Ourcoorass Teerheer, same as William Edmonds], James, Harrison, Peter, Wainoak Robin, William Hines, Frank, Wainoak Robin join Ned, Robin Scholar and Sam, Cockerowse Tom and Will, Chief Men of the Nottoway Indians of the first Part.John Simmons of the County of Isle Wight, Thomas Cocke & Benjamin Edwards of the County of Surry Gentlemen of the Second Part and Charles Simmons of the County of Isle Wight of the Third Part.Whereas by one act of the General Assembly made at a Session lately held at Williamsburg in the Eight Year of the Reign of our Lord George the Second King of Great Britain instituted an Act to enable the Nottoway Indians to sell certain Lands thereon in mentioned and for discharging the Indian Interpreter, it is among other things Enacted that the Chief Men of the Nottoway Nation are empowered to make Sale of all or any part of a certain Circular tract of Land of Six Miles Diameter lying & being on the North side of theof the Nottoway River in the County of Isle Wight by and with Consent of the said John Simmons, Thomas Cooke and Benjamin Edwards who are by the said Act appointed Trustees to use the said act Duly executed and after any Agreement made for the Sale of any part of the said Land so as such Part do not exceed four Hundred Acres to any one person it shall be and may be lawful for the said Chief Men together with the said Trustees as far as or the Survivor or Survivors of them to Seal and Deliver Testament to their Purchaser who immediately after the execution thereof shall pay down to the said Chief Men the Purchase Money for which a Receipt shall be likewise endorsed on the Deed and any Testament so executed perfected and afterwards acknowledged or Proved by the Oaths of three Witnesses and Recorded in the Court of the said County of Isle Wight where the Lands lye on shall be sufficient in Law to pay the Free Simple Estate of such ____//____//____// andthe Purchaser or Purchasers thereofhis Heirs or Assigns shall for ever hold & enjoy the same free discharged from all Claims of the Nottoway Nation and their posterity any thing in an Act of the General Assembly made in the fourth Year of the Reign of the late Queen Ann instituted an Act for preventing of Misunderstandings between the Tributary Indians and other his Majesties Subjects of this Colony & Dominion and for a free and open Trade with all Indians whatsoever or any other Act of the General Assembly contained to the contrary hereofin any wise Notwithstanding as in the said Act among other things more fully is contained.
NOW THIS INDENTURE WITNESSETH that the said King Edmonds [Ourcoorass Teerheer same asWilliam Edmonds…WDB] , James Harrison, Peter, Wainoak Robin, William Hines, Frank, Wainoak (Will) Robin joinNed, Robin Scholar, and Sam, Cockerowse Tom and Cockerowose Will, the Chief Men of the Nottoway Indians by and with the consent of them, said John Simmons, Thomas Cocke and & Benjamin Edwards [Trustees] testified by their being made Parties to those present for and in Consideration of the Sum ofTwenty-four Pounds to the said Chief Men in hand paid the Receipt where of is hereby acknowledged Have granted Bargained, Sold, Enforced and Confirmed and by those Payments Do Grant, Bargain, Sell, Enforce & confirm unto the said Charles Simmons his Heirs & Assigns four Hundred Acres of Land Part of the Circular Tract of Land bounded as followedBeginning at a Hickory on the South East side of the Watery Branch, a Line Tree in the outside Line of the Nottoway Indians Land, thence by the said Indians old line South East One Hundred Twenty Eight Pole to three Trees choppedinwards and South East by East One Hundred forty six Pole to a white Oak then North fifty three degrees East Two Hundred & five Pole to a Pine then North West one Hundred & Sixty-six Pole to Three Trees chopped inwards then South fifty five Degrees West One Hundred & Eighty Pole to a Red Oak by the side of the Watery Branch afar as, and down the various Courses of the Run of the said Branch to the beginning As by the Survey & Platt of John Allen, Gentleman, Surveyor of the said County of Isle Wight doth and may appear And all the Estate Right Title & Interest of the said Nottoway Indians in and to the same To Have and to hold the said Land with the Appurtenances unto the said Charles Simmons his Heirs & Assigns to the only Use and Behalf of the said Charles Simmons his Heirs & Assigns for ever Yielding and Paying to his Majesty his Heirs & Successors the Yearly Quit Rents due for the said Lands In Witness whereof the said Parties have hereunto set their Hands and affixed their Seals the Day and Year above written______________ ,
Signed Sealed &Delivered in Presence of:
ThomasCookeJ. Simmons (Seal)
SamBlowThomas Cooke (Seal)
George Briggs[Interpreter]Benjamin Edwards (Seal)
[ Chief Men of the Nottoway Nation…W.D.B.]
King Edmonds (Mark & Seal)William Hines (his mark) (Seal)
James (his mark &Seal)Frank (his mark & Seal)
Harrison ( his mark & Seal)WainRobin ( his mark & Seal)
Peter ( his mark & Seal)Ned( his mark & Seal)
Wainoak Robin (his mark & Seal)Robin Scholar (no mark) (Seal)
CockerowseTom (his mark & Seal)Sam (with his mark & Seal)
CockerowseWill (his mark & Seal)
Memorandum that on the Seventh day of August in the Year of our Lord 1735.Peaceable & quiet Possession and Seize of the Land within mentioned was had & taken by the Chief Men of the Nottoway Nation within mentioned and by them delivered to the within named Charles Simmons to hold to him his Heirs & Assigns for ever according to the Form & Effect of the within written Indenture.
Received of the within named Charles Simmons the Sum of Twenty four Pounds the Purchase Money within mentioned ___________,_____________,______________,____________,________,
J Simmons, Tho Cocke, Benj. Edwards,
King Edmonds, James, Harrison, Peter, Wainoak Robin, William Hines Frank, Wainoak Robin, join Ned, Robin Scholar, Sam, Cockerowse Tom ,Cockerowse Will ____________,_______________,______________,
At a Court held for Isle of Wight County November the 24, 1735.
The Deed ofTestament from the Chief Men of the Nottoway Indian Nation unto Charles Simmons being legally Proved by the Oaths of Thomas Cocke , James Stanton & Thomas Hines three of the Witnesses that attested the same it is admitted to Record.
Teste James Baker (Clerk of Court)
Vera Recordatum Teste James Baker (Signed and recorded)