Admiralty Court, Instance & Prize, Libels 80, Nos. 121—124
Document in the Public Record Office, London. Accompanying Documents are
published above: Numbers LIV and LV
List of Records No. 149
1.
Nomine. Amen. Coram vobis venerat et eg * * * d̴no Henrico
Marten milite legum dc̃ore supreme Curie Admiralitatis Anglie locum
tenente [judice] sive president * * * ve * * * procurato * * *
quecunq̢ * * * Th̴esaurarius et societas * * * tatorum et planta-
torum Ciuitatℯ Londoñ pro prima Colonia in Virginia * * * comp
* * * Wilɫmum Wye nunc vel nup̱ magistrum navis vocat̃ the Garland
de Londoñ * * * melioribus et efficacioribus via modo et [Juris]
* * * James by the grace of god King of England Scotland ffraunce and
Ireland * * * the great seale of Englande geven granted and con-
firmed * * * of Huntingdon William Earle of Pembroke and vnto
other lords knights Squires gentlemen marchants * * * and shall
prove p̱petuall succession and that they and * * * the Citty of London
for the first Colony in Virginia * * * in any * * * and in any
[accons] * * * with power and authority as well * * * having and
* * *ing divirs landℯ in the * * * notoria manifesta pariter et
famosa Et ponit * * *
2
Item That * * * of the said monethe the shipp the Garland
* * * [parts] of Virginia aforesaid for * * * and to the * * *
of Virginia aforesaid Et ponit vt supra
3
Item That the foresaid Wilɫm Wye * * * the power and authority
aforesaid was made and ordeyned Mr and captaine * * * for * * *
voyage * * * surer Counsell and * * * aforesaid a Commission
power or authority for the p̱formance of * * * of the first * * *
annexed (quam quidem schedulam pro hic * * * petit pars ista
p̳ponens quãtus facit * * *) and * * * of the said Comission * * *
vnder to p̱forme the said voyage in all pointℯ according to the purpose
and tenor of the said Commission. Et ponit vt supra.
4
Item That besides the matters geven in charge vnto the said William
Wye by the said Comission there was allsoe [sent] in the said shipp and
[voyage] from the said Treasurer Counsell and Company of Virginia a
letter directed vnto Sir George Yardly Knight governor of Virginia
conteyning some matters of consequence * * * [concerning] the said
plantation the sending of which letter was well knowne vnto the said
Wilɫm Wye, or the said Wye had notice or vnderstanding thereof Et
ponit vt supra.
5
Item That the tenor of the said letter soe directed vnto the said Sr
George Yardly was of the tenor of the second schedule herevnto annexed
(quam quidem schedulam pro hic lect̃ et insert̃ * * * vult et petit
pars ista p̳ponens quãtus facit pro p̱te sua) and the said Wilɫm Wye was
acquainted wth and did well knowe and vnderstand the contentℯ thereof
before his departure from the port of London or not long after, and
especially before 8, 10, 11, 14 or 16 dayes past next after the arrivall of
the said Wilɫm Wye to the Somer Islandℯ aforesaid. Et ponit vt supra.
6
Item That the said letter was from the said Treasurer, Counsell and
Company for Virginia, and in their name delivered vnto one Captaine
ffrancis Whitney who went in the said shipp for the said voyage to Virginia
to be delivered by him to the said Sir George Yardly Knight Et ponit
vt supra.
7
Item That the said Captaine Whitney died in the said voyage towardℯ
the somer Islandℯ or after the arrivall of the said shipp the Garland
thither, and that after his death the said letter of the tenor of the said
second schedule herevnto annexed came to the handℯ of the said Wilɫm
Wye and he the said Wye hath seen and read the said letter or hath
heard the same read, and had or hath the said letter in his possession at
this prsent, and soe much or the like in effect the said Wye hath divers
tymes and * * * past owned, confessed and acknowledged Et ponit
vt supra.
8
Item in the yeere and moneths aforesaid or in some or one of the said
moneths by order and Comission of the said * * * Counsell and
Company for Virginia there were imbarqued in the said shipp the Garland
in the port of London 130 persons to be transported and landed at the
said somer Islandℯ * * * re transported and landed in Virginia and
five other p̱sons over and besides the said 40 p̱sons mentioned in the
Comission aforesaid besides divers goods and necessaries for * * *
were laden in the said shipp to the of 200ñ Et ponit de quaɫet alia sum̄a
media vel minori vsq̢ ad 20ñ legalis monete ac de quoɫet alio maiori et
minori numero p̱son * * * eris p̱sonaru9 pred̴ ac de tali et tant̃ sum̄a
sive numero qualis et quant̃ p̱ confessionem p̱tℯ adverse aut alias p̳bac̃
ɫtmas in eve * * * huius litℯ pl * * * declarant * * * Et
ponit vt supra.
9
Item That divers other good victualls and other necessaries were in
the * * * ere and * * * aforesaid or in some * * * imbarqued
in the port of London into the said shipp by order and Comission of the
said Treasurer and Company, and according to the tenor of the said
first schedule herevnto annexed * * * and supply of the people and
inhabitantℯ heretofore planted in Virginia aforesaid wch goodℯ victuallℯ
and necessaries did ex * * * value of 2000ñ and were * * * Et
ponit de quaɫet alia sum̄a media vel minori vsq̢ ad * * * ac de tali et
tanta sum̄a qualis et quanta p̱ confessionem ptℯ adverse * * * ɫtmas
in eventu huius litℯ plenius declarand̴ sive comprehend̴ Et ponit vt supra.
10
Item That the said Wilɫm Wye did accept of the Com̄ission and
* * * geven vnto hym by or from the said Treasurer and Company
aforesaid, and did vndertake the said voyage for the Somer Islandℯ and
Virginia aforesaid, and in the yeere and moneths aforesaid or in one of
them went out * * * London, and arrived safely to the Somer Islandℯ
and there did stay and make his aboad for the space of 20 18 or 16 dayes
at the least Et ponit vt supra.
11
Item That after the expirac̃on of the said 20 18 or 16 daies he the
said Wilɫm Wye did stay and remayne at * * * er Islandℯ and staied
there 2 or 3 moneths after the said daies were expired, and that during
the tyme of his aboad there * * * purpose or intent to goe from
thence * * * according to the Comission aforesaid, did then deale
with some of the inhabitantℯ of the said Islandℯ and did agree and contract
* * * to transport from thence in the said shipp * * * p̱sons or
passengers and great quantities of tobacco viz[192]
passengers and
[192] of Tobacco. Et ponit de quoɫet * * * p̱sonaru9 et de
quaɫet alia quantitat * * * vt supra
12
Item That according to the said agreemt and contract the said
* * * and quantities of Tobacco were laden * * * Garland, at the
said Somer Islandℯ and were brought and transported from thence into
England by the said Wilɫm * * * Et ponit vt supra.
13
Item That the said Wilɫm Wye had and gained for and by re * * *
passingers and Tobacco transported * * * vnto England and for
fraight therevpon or by reason thereof the some of 2000ñ of lawfull English
money Et * * * et tanta sum̄a qualis et quanta p̱ confessionem p̱tℯ
adverse aut alias probac̃ones ɫtmas in eventu huius litℯ plenius * * *
14
Item That the said Wilɫm Wye did not take his Course * * * ber
did he land the 40 or 4 * * * aforesaid in 8° arlo predict̃ menc̃onat̃
there neyther did he transport * * * for and to the vse of the said
* * * thother five p̱sons besides, as for and to the vse and supply of
the * * * Virginia as he was directed * * * comanded to doe
according to the tenor of the Commission aforesaid but * * * ingly
geve over and f * * * intended for Virginia and returned from the
Somer Islandℯ for * * *
15
Item That by the auncient and receaved orders customs and
* * * ters of the Citty of London * * * in Virginia aforesaid
and by the orders and practices of * * * kept inviolably * * *
eth and setteth foorth out of this realme of England any * * * and
is prsent * * * live or dye or whether he shalbe sett on land at
Virginia * * * and sett forth * * * or p̱sons was or is before
that tyme setled or placed and * * * any place * * * for the
said first Colony in Virginia have allowed and * * * tures and
* * * shipped and sett forth the 40 or 45 persons aforesaid Et
ponit * * *
16
Item That every hundred acres of the said Landℯ in Virginia
* * * valued putt of and sold for the some of 12ñ 10s * * *
Treasurer and company every hundred acres of such lands * * *
17
Item That the said 40 or 45 or other number of p̱sons * * *
as namely Carpenters sawiers bricklaiers smiths and * * * namely
for 100 p̱sons or thereaboutℯ wch were provided * * * Virginia
and by reason of the not setting of the said * * * Charge aforesaid
the said Adventurers and planters have * * * hinderance of the
plantation in those partℯ, and ther * * * ponit pars ista de quaɫet
alia sum̄a media vel * * * Litℯ plenius veniet declarand̴ sive com-
proband̴ Et ponit * * *
18
Item That among other of the said 40 or 45 or other * * * and
by order from the Lordℯ of his Maties privy Counsell * * * left
wth or delivered vnto the governor of the said place * * * delivered
vnto the said Wilɫm Wye, and com̄itted * * * Wye was made
acquainted of the banishment of * * *
19
Item That the Chekohomini or sa * * * people * * * and
sent and before com̄itted * * * and stayne divers of them to the
gre * * *
20
Item That the foresaid Sr * * * have made a revenge vpon
the * * * adventurers and planters of the C * * * proceed
* * *
21
Item * * *
[The rest of the document is torn quite away.]
1
Inprimis that in the yeere & monethes libellat and before John ffarrer
of the Citty of London Marchant was and at this prsent is deputy of the
company of the adventurers and planters of the Citty of London for the
first Colony in Virginia, and Nicholas ffarrer brother vnto the said John
was and is one of the said Company and for such were and are comonly
accompted reputed & taken Et ponit conm dim et de quoɫet.
2
Item that the said Wilɫm Wye in the yeere and moneths libellat, and in
one of the said moneths [and in one of the said moneths] and before his
going to the Somer Islandℯ was an earnest suiter vnto the said John ffarrer
and Nicholas ffarrer or one of them for to have the Comission graunted
vnto hym wch is of the tenor of the first schedule annexed vnto the libell
geven in this cause and to that end the said Wye divers and sundry tymes
had speech and conference wth the said John and Nicholas ffarrer or one
of them that they or one of them would further the dispatch and graunting
of the said Comission vnto the said Wye Et ponit vt supra.
3
Item that the said Comission of the tenor of the first schedule aforesaid
made by the said John and Nicholas ffarrer or one of them or by the
meanes of the & p̳curemt of them or one of them delivered vnto the said
Wilɫm Wye, and the said Wilɫm Wye after the delivery thereof vnto hym
did read and make the same knowne openly vnto and before the company
of the shipp the garland or some of them and vnto others which were
passingers in the said shipp Et ponit vt supra.
4
Item that the said Wilɫm Wye by vertue of the said Comission did
punish divers or some one of the marriners and company of the said shipp
the Garland in the voyage from the port of London towardℯ the Somer
Islandℯ libellat thereby shewing and declaring, and to make them knowe
that he had power and authority by vertue thereof to punish any of the
company of the said shipp the Garland that should offend or offer any
cause to endure any such punishment Et ponit vt supra.
5
Item quod prmissa õia et singula fuerunt et sunt vera publica notoria
manifesta pariter et famosa atq̢ de et sup̱ eisdem laborarunt et in p̃nte
laborant pub̴ca vox et fama * * * iure in hac p̱te requisit̃ petit pars
ista p̳ponens ius et Justiciam s * * * ministrari cum effc̃u Vlteriusq̢
fieri statui et decerni in prmiss̃ e * * * iuris fuerit et rac̃onis prmissa
p̳poneñ conm et dim non arc̃tim se * * * nec ad onus sup̱flue p̳bat̃ de
quo p̳testatur pars ista p̱ponens sed q * * * obtineat in petitℯ
iuris beneficio in õibus sibi semp̱ salvo ṽrum * * *
1
Imprimis That the said Wilɫm Wye at such tyme as he was a suiter for
the obteynyng of the Com̄ission (being of the tenor of the first schedule
annexed to the Libell geven in this cause) was then acquainted or did
certeynly knowe that he could not goe in or p̱forme the voyage wch he
intended for Virginia wthout the licence authority and approbac̃on of the
said Treasurer and company and thereupon did often entreate that the
said Comission might be made ready for hym the said Wye Et ponit conm
dim et de quoɫet
2
Item that the said Comission of the schedule aforesaid was read vnto
him before it was delivered vnto hym, and at Gravesend he accepted and
tooke the same vpon hym wth great thanckℯ and p̳mised to performe the
same according to the tenor thereof. Et ponit vt supra.
3
Item that the said Wilɫm Wye eyther before his going foorth or in his
voiage towardℯ Virginia did sett vp orders in the shipp the Garland stiling
or entitling himselfe wth the title following or the like in effect vizt I Wilɫm
Wye Mr of the good shipp the Garland being by speciall Comission from
the Treasurer and honorable Counsell and Company of Virginia vnder
theyr seale appointed and ordeyned governor captaine and comaunder
aswell of the said shipp and company therein as all and every passenger
whatsoever doe by vertue and authority of the said Comission vpon
mature advice and deliberac̃on will & charge every person to obey the
orders herevnder written, he the said Wilɫm Wye having then made
orders to be observed in the said shipp by vertue of the Comission afore-
said. Et ponit vt supra.
4
Item that one ffelgate a captaine being in the said shipp, vpon some
speeches between him & the said Wye there grew blo * * * whereat
he the said Wye being much moved openly read his Comission aforesaid to
the end & purpose that it might be knowne in the said shipp that he had
power and authority thereby to punish any of the said shipp that should
offend in * * * case or any other. Et ponit vt supra.
5
Item that the said Wilɫm Wye shewed the said Comission vnto Mr
Johnson and read the same * * *[193]
Humfry Sherbrooke and others.
Et ponit vt supra.
6
Item that the said Wilɫm Wye having don something at sea againe
* * * cause for that he had punished the said Read, he the said Read
ca * * * before the governor there, and being demanded by the said
governor * * * shewed forth his Comission aforesaid wch the said
governor read * * * Virginia aforesaid would geve soe large a Com-
ission to a seaman * * * hym the said governor, vnto whome the
said Wye then answered, a * * * Comission to hang the said Read
if he had deserved it, or that his o * * * Wye vsed wordℯ to the like
effect. Et ponit vt supra.
7
Item quod prmissa õia et siñgla fuerunt et sunt vera pub * * *
laborarunt et in p̃nti laborant pubc̃a vox et fama. Vnde f * * * ius
et Justitia9 sibi et p̱ti sue fieri et ministrari cum effc̃ * * * quibus-
cunq̢ quod iuris fuerit et rac̃onis prmissa p̳ponens con * * * ad onus
sup̱flue p̳vat de quo p̳testatur sed quat̃us p̳vaverit * * * semp̱ salvo
ṽrum officiū d̴ne Judex humiɫr implorand̴.
