Copied from Calendar of Virginia State Papers and Other Manuscripts 1652 -1781 Preserved in the Capitol at Richmond Volume I 1875

This is a list of Rebel prisoners imported by Captain Edward Trafford, in the Elizabeth and Ann, from Liverpole January 14th 1716 landed atYorktown. These prisoners were probably some of the followers of the Pretender captured at Preston, and condemned to be transported to the Colony in Virginia, after having been carried to London for trial.

Under Indenture: John Macintosh Tho Foster Geroge Dickenfon Jno Mackintosh Christ Carus Arch Menzies James Macintosh James Blackwood Danl Thompfon Duncan Clark Rob Stewart Jno Robertfon Owen McPherfon Rob Stewart Jno Stewart Donald Shaw Will Turner Malcom Stewart Angus Shaw James Nisbet Jn Stewart Rob Bruce Fergus Graham Jn StewartJohn Dunbar James mackintosh Jn Kennedy Ro Smith Frances Hume

Not Under Indenture: Jno Wite Donald Mackgilsoray Donald Stewart JamesWatsonWill Mackilway Dan Macquin Alex Stewart Willm Maxwell Alex Mackenzie Will Wright James Stewart Jno Finny Will Donaldfon Jno Pitello Jno Harris Alex Ferguson Frances Betty Patrick Ferguson Adam Chisholm James Ferguson Frederick Abbot Jno Jhonfton Wm Finlay James McKintosh Alex Bruce James Malcum James Paterson Will Mackruther Rob Capland William Stroak David Arnot David Mackintosh Jno Peter Jno Michy James Peter Alex Kerr Alex Wite Lawrence Ferguson Jno Ogilvy Rob Menzies Owen Davidfon Jno Donaldson James Watson James Urqhuart Malcom Macknaughtan Wm Noble Alex Kid Jo Brown James Robertfon Rob Grant James Lindsey Geo Lawder David Mitchel Rob Anderfon James Johnson James Murray Silvester Prophet Rob Duncan Jno Shaw Wm Lyon Jno Glendening James Ray Jno Abercromby Jno Burns Geo Marjoribanks Rob Robertson Rob Stewart Alex Carr Tho Allen Jno Mundell Pat Stewart Jno Mackintosh Alex Watt Hugh Cane Jno Stewart Willm Dun James Wood Charles Henderfon Willm Cruster Rob Carr Will Martin Alexander Stewart Jno Rutherford

Virginia: By his Majesty's Lieutenant Governor and Commander in Chief of this Dominion: These are to certify that the above Lift of one hundred and Twelve Rebel Prisoners, Imported into this Colony in the Ship Elizabeth & Anne, of Liverpool, Edward Trafford mafter, was taken (by my order) upon the arrival of the faid Ship in York River by the officer of the Cuftoms there, and contains the Names of all the Pifoners Imported in the s'd ship & that besides the said one hundred & twelve persons, the Mafter did Report that one other Prisoner by name Duncan Mackfale died at sea, which upon Examination of the other Prisoners appeared to be true-- Given under by Hand at Williamsburgh this 14th day of January 1716.

Deposition of James Urquhart, one of the prisoners brought to Virginia in the ship Elizabeth & Anne from Liverpool: giving account of the means by which a number of fellow prisoners were allowed, by the Master of the veffel, to escape at the Cove of Cork and elsewhere - That he himself had bargained for his liberty by agreeing to give the officers of the ship a certain sum of money in guineas, a watch and a "stone ring" but being in irons, the Captain was afraid the noise incident to striking them off, might excite suspicion on the part of the other officers .........

This is sworn to before Nash: Harrison & Ed: Berkley

Deposition of Thomas Forster, giving same account as the above: also of Wm Lyon to the same effect ..........

Unto his Excellencie Coll Spotiswood Governour of Virginia --- The humble representation of the Gentlemen, and others, Prisoners transported aboard the Elizabeth & Ann of Liverpoole from Brittain to York in Virginia ---

Whereas, perfuant to the orders of the Government wee are brought to this place, which as is humblie conceited is all that in Law wee are obleidged to perform --- Notwithstanding to our great surprife wee were not only before our comeing off from Liverpoole, but ever Since our arrivall in this Country, are menaced and threatened to be bound in a fervitude of a Certain number of years, yea and a good many of us already actuallie dispofed off. And all this to make up a Summ of money for Sr Thomas Johnston, Parliament man for Liverpool ( who pretends a right to us) and some other Merch concerned with him in this matter ----- Wherefore wee are obleidged to apply ourfelves in all submiffivenes to your Excellencie for Justice, seeing wee hunblie imagine that upon our being transported to this place, the intent Of the Goverment to be fulfilled, and no more lyable to any furder punifhment, since by the known laws of Brittain, not only in the reign of the late King Charles, but more particularlie extended, ratified and aproven in the eight year of the late King William, that even in cafes of treafon and Rebellion, no man can be transported out of the Kingdome, unles he be first Judiciallie convict of the crime, and likewife give his free confent to the transportation in open Court. Fare leff can any British Subject, without consenting thereto, be sold or obleidged to ferve for any space of years unles the former Laws were either altogether abrogate or the effect of them suspended for a certain time -- neither of which as wee conceive can here be pretended --- Wee are all of us now taken from aboard the Ship, and the remaining part of us imprifoned in York town (where our entertainment is but verry ordinary) except seven or eight of our number, who each of them payed the Mafter of the ship, five guineas for their pafsage, who are still detained aboard, upon what designe wee conceive not, only two of that number excepted, John Stewart and William Maxwell, who upon Sunday laft were carried from aboard, and taken up the river upon what defigne wee know not, It is therefore hoped your Excellencie will consider our prefent circumstances and give fuch orders for our liberation as in Justice you shall see fitt, or be pleafed to call one or two of our number before you and hear us upon the subject ----

An Article: Smith, Clifford Neal, Transported Jacobite Rebels, 1716, in the National Genealogical Society Quarterly, vl. 64, March 1976, #1, pp27-34.

Mr. Smith wrote: "Among the persons transported to the American colonies in 1716 were 637 Scottish rebels captured at Preston, Lancashire, on 14 November 1715. The rebels were supporters of the exiled James II of England and his heirs. There were many such adherents among the Roman Catholics of Scotland, and some in Ireland, and among the Nonjurors, a dissident group within the Church of England.

"During the rebellion of 1715 the rebel forces entered Preston on 9 November and, after proclaiming as their king the chevalier of St. George, remained there for several days, during which the government forces advanced upon them. The town was assaulted, and on 14 November the rebel general Thomas Forster surrendered his army to the King's forces. Persons sent to the American colonies the following spring as indentured servants for a seven-year period. Those who refused to be voluntarily indentured were forced into that condition upon arrival in the colonies."

OTHER information from other sources:

James Francis Edward, the son of James VII and II and his second (Roman Catholic) wife Mary of Modena, was born on 10 June 1688, long after everyone had given up hope of the queen bearing a living son. His birth immediately precipitated fears of a Roman Catholic succession in England, and on 9 December that same year, his mother disguised herself as a laundress, wrapped up the baby like a bundle of washing, and escaped with him to France.

The exiled royal family was allowed to stay in the Palace of St Germain, and there James was brought up. When his father, the deposed James II, died after a stroke in 1701, Louis XIV (King of France) publicly recognised his son as James VIII and III. However, in 1713 Louis made peace with Britain and James was forced to leave France, settling first in Avignon, then in Bologna and finally in Rome. The following year, his aunt Queen Anne (Queen of England) died leaving no surviving children. In 1689 Parliament had declared that James had abdicated by deserting his kingdom. William (reigned 1689-1702) and Mary (reigned 1689-94) were offered the throne as joint monarchs. They accepted a Declaration of Rights (later a Bill), drawn up by a Convention of Parliament, which limited the Sovereign's power, reaffirmed Parliament's claim to control taxation and legislation, and provided guarantees against the abuses of power which James II and the other Stuart Kings had committed. The exclusion of James II and his heirs was extended to exclude all Catholics from the throne, since 'it hath been found by experience that it is inconsistent with the safety and welfare of this protestant kingdom to be governed by a papist prince'. The Sovereign was required in his coronation oath to swear to maintain the Protestant religion. In 1715 Jacobite nobles lead uprisings in Scotland to try to put James Stuart (son of James II) on the throne. John Erskine, Earl of Mar, (known later as "Bobbing John" because he changed sides and later informed on many of his former allies), raised the Scottish clans again. The battle at Sheriffmuir was indecisive, but the Jacobites withdrew. A small Jacobite army led by General Thomas Forster was defeated at Preston, Lanchashire, England on 9 November 1715. James VIII (the Old Pretender) landed at Peterhead but was forced to retreat to France.

Sylvester, with 638 other soldiers were captured on 14 November 1715 by the English army. In the spring and summer of 1716, these prisoners were tried for treason. Some were transported to the American Colonies. Sylvestor was transported on the ship, "Elizabeth and Ann" commanded by Edward Trafford which sailed from Liverpool, England on 29 June 1716 bound for Jamaica and Virginia with 128 prisoners on board. He arrived in Virginia on 12 October 1716. He was transported as an unindentured person. It was common practice for the ship masters to sell the service of these young people for number of years to the highest bidder. So, Most likely silvester was indentured upon his arrival in the colonies.

He received a land grant from King George II for 300 acres on the north side of the James River where he reared his family. On March 19, 1738, he sold 150 acres of land to Mary Bashett and her son, John Tuggle, of Virginia, for 11 pounds lawful money . Then on March 19, 1743, he bought Messuage Plantation containing 100 acres from Martin Duncan for 10 pounds.

Records show that he worked for other men and was paid in tobacco. In May, 1744, he was paid 150 pounds from Charles Toney for six days work, in March, 1746, 400 pounds from Michael Holland for fifteen days work, 225 pounds from James Gresham for 9 days work. On April 7, 1763, Joseph Gresham of Albemarle Co. bought 100 of land from Sylvester Proffit for 20 pounds. Sylvester made his will and it was probated in Goochland County, Virginia on April 21, 1767. His children were listed as Lucy, John, David, William, James, Anne, and Elizabeth. There may have been more children. Susie and David Hopper are listed in the will as grandchildren.