University of Virginia Library

CLII. Earl of Warwick vs. Edward Bruster concerning the Ships
"Treasurer" and "Neptune"
1621

D̴nus Comes Wawici coñ Edwardum Bruister gen9osum Wyan Ireland

Quo die Comparuit personaliter * * * Bruister pars querelata in hac
p̱nsa Causa et citra revocac̃oem * * * in hac Causa pro eodem
exercentℯ ad omnem quemcuq̢ Juris effectum exinde quovismodo
sequi valeñ dicit allegat et in hiis scriptℯ in Jure proponit articulatim
prout sequitr

Inprimis vizt That in the monethes of March, Aprill Maie June Julie
August September October November December Januarie ffebruarie and
March Anno D̴ni 1617 And also in the monethes of March Aprill Maie
June Julie August September October November December Januarie
ffebruarie and March Anno D̴ni 1618 anteaq̢ et continue citra navis
vocata the Tresurer all͠s in libello pretenso ex parte predc̃i honorabilis viri
D̴ni Comitℯ Warwici vtcūq̢ menc̃onat̃ fuit et erat navis cuiusdam Samuelis
Argoll tunc temporis in p̱tibus Virginæ residentℯ And the foresaid right
honoble the Earle of Warwicke at the tyme of the setting forth of the said
ship the Tresurer from the porte of London for the p̃nsed fishinge voyage
vtcūq̢ in libello pred̴ nominat̃ had not any right prop̱tie or interest in the

said ship the Tresurer But revera the said ship did then and duringe all
the tyme aforesaid properlie belonge and apertaine vnto the foresaid
Samuel Argoll proq̢ nave propria dc̃i Samuelis Argoll fuit et erat coiter
reputata hecq̢ fuerunt et sunt vera notoria pubca manifesta pariter et
famosa Ac ponit coniunctim divisim et de quoll͠et

Item q̃d si et quãtus the foresaid right honourable Robert now Earle of
Warwicke was at any Charges in Settinge forth the foresaid ship the
Tresurer for the foresaid p̃nsed fishinge voyage, q̃d non fatetur pars ista
proponens aɫr quam sibi magℯ expedit sed diffitetur et negat Yet it was
soe doune for the behoof of the foresaid Capt Argoll And the said ship
the Tresurer was after the said preparac̃on for the said p̃nsed voyage or
not longe before assigned sent and appointed to be deliu9ed vnto the
foresaid Captaine Argoll beinge then in Virginia there to be ymployed by
him as hee should appointe or directe. Ac ponit vt supra.

Item That the said ship the Tresurer was not provided for a fishinge
voyage, the voyage aforesaid, nor had salte hookes lynes, fishermen, or
men skilled in fishinge, at the tyme she was sett forth from the porte of
London, nor other things that were fittinge for a fishinge voyage, This is
true notorious and manifest Ac ponit vt supra.

Item That before the Departure of the said shipp the Tresurer from the
porte of London the foresaid voyage there were laden aborde her by the
meanes knowledge or direcc̃on of the foresaid Captaine Argoll, powder,
shott, wastclothes Ordynaunce streamers flagges and other furniture
ffitt for a man of warre, wch ship and furniture powder, shott wast clothes
and provision came afterwards to the hands or disposic̃on of the said
Captaine Argoll, hocq̢ fuit et est verū notoriū publicū manifestum pariter
et famosum Ac ponit vt supra.

Item That the ship the Neptune all͠s in libello prefato honorandi viri D̴ni
Comitis Warwici nominata was in the yeares and monethes in primo
articulo huius allegac̃onis menc̃onat̃ et express̃ eorumve annor' et mensi'
vno sive aliquo aut eo circ̃r furnished and sett forth to sea, by the right
honourable Thomas late Lord de la Warre (since deceased) for a voyage
from the port of London to be made to Virginia And the said ship the
Neptune was then furnished with men, victualls and other goodes for the
plantac̃on there And the said Lord de la Warre by the Counsell and

Companie of Virginia was appointed Governor and Captaine generall of
Virginia for his life tyme and had his patente thereof vnder the seale of
the said Counsell and Companie And the said Lord de la Warre Governor
and Captaine gen9all aforesaid went in person in the said ship the Neptune
from England towardℯ Virginia, and in her abided and had the sole gov-
ermente and Com̄aund of her and of her passingers men and victuallℯ
from such tyme as she wente from the foresaid porte of England in the
voyage aforesaid to Virginia vntill the daie of his death wch happened to
be the seaventh of Julye 1618. This is true notorious and manifest Ac
ponit vt supra.

Item That the foresaid Edward Bruister duringe the life tyme of the
foresaid Lord de la Warre had not any power or Com̄aund of the said
ship the Neptune her men or passingers especiallie duringe §all§ the tyme
that the said * * * d de la Warre Governor and Captaine generall
aforesaid was presente in person as aforesaid in the said ship the Neptune,
but he the said Bruister and the rest of §the§ men and passingers in the
said ship were vnder * * * Com̄aund of the said Lord Governor and
Captaine gen9all And accordinge to the lawes and customes of the sea,
and other places where the governor or Captaine generall is presente in a
ship or elswhere, where his Com̄aund * * * 11 inferior officers for
that tyme are private men and have noe Com̄aund but vnder the said
Generall And remaine subiecte vnto their principall Governor or Cap-
taine Gen9all Ac ponit vt supra.

* * * That the foresaid ship the Tresurer wthin the tyme aforesaid
went from England for Virginia, and passed by the ship the Neptune
vnseene by any of the said Neptunes companie (she the said Neptune
beinge * * * or about Ste Michaellℯ Islands) And vpon the fifte daie
of June 1618 and not before the said ship the Tresurer was espied by some
of the Neptunes companie, beinge then aboute three or fower leagues a
head the * * * r at sea. And the said Tresurer stayned vntill the
lord de la Warre was come vp to her wth the Neptune and then[229]

Elfrey master of the said ship the Tresurer came into the said ship the
Neptune and * * * ere freindlye vsed and interteyned by the said
lord de la Warre then and there governor and Captaine generall aforesaid
Ac ponit vt supra.

* * * q̃d si et quatenus any of the Company of the said ship the
Neptune were putt into the foresaid ship the Tresurer and carried to
Virginia, yt was but eleaven persons, And all those eleaven persons
* * * putt in by the said Lord de la Ware, and they were soe taken
and receyued into the said Tresurer wth the Consent and * * * ge of
the foresaid[230] Elfrey, and his Company, and not otherwise, And
all * * * eleaven persons were then, and for some space of tyme
after well, and not sicke or infected, And the foresaid lord de la [Warre]
Governor and Captaine gen9all aforesaid at or ym̄edyatlie after the
receyvinge * * * said eleaven persons into the Tresurer, offered to
give, or deliver vnto the said Elfrey, out of the Neptune sufficient * * *
eleaven men, which the said[230] Elfrey refused to accept of in
* * * they had (as he said) but a few passingers in the Tresurer, and
had victuallℯ enough and more then enough for the * * * effecte
And the foresaid Edward Bruister at the tyme aforesaid * * * the
Companie of the Neptune espied the foresaid ship the Tresurer, and at
the receyvinge of the foresaid eleaven * * * fifte daie of June and
for * * * or dayes * * * after * * * lame, and kepte his
Cabyn, and had broke his legge, and was not in Companye wth the foresaid
* * * nor privye or * * * lord de la Warre and the said[231] Elfrey This is true notorious and manifest Ac ponit vt supra.

* * * That about three or fower daies next after the prmisses in the
next p̢cedent article mentioned The said[230] * * * ended a more sowth-
wardlie course, then the vsuall passage towards Virginia from the * * *
And * * * Northerly passage was and is the directe, and more
vsuall passage to Virginia from that * * * two shippes aforesaid the
Tresurer and the Neptune were out of sight one of another * * *

Item That two or three dayes next after the said partinge of the said
shippes the Tresurer * * * sicke The foresaid[230] Elfrey
master of the said Tresurer findinge the winde averse * * * de
la Warre, or som̄e of his Companie in the said Neptune, That the Tresurer
wanted * * * rdship then accepted of And soe the said two shippes
sayled alonge together to * * * were no waie vrged compelled con-

strayned or inforced by the said lord de la Warre * * * follows the
said ship the Neptune Ac ponit vt supra

11

• Item That the foresaid lord de la Warre Governor and Captaine
  * * * wth wood and water whereof she then stood in need And se
  * * * the foresaid ship the * * * sente voluntarilie * * * of wch
  the * * * had formerlie * * *

12

• Item * * * Governor and * * * into the Tresurer * * *
  the Tresurer from * * *

13

• Item That * * * she the Tresurer * * *

14

• Item That * * * and wthin eight * * * such putt * * * in
  all or any parte of the foresaid voyage * * * foresaid Edward Bruister
  after his [death] t * * *

15

• Item That after the arryvall of the said ship the * * * foresaid
  eleaven persons taken out of the Neptune * * * sum̄a qualis et quant̃
  in eventu huius litℯ per confessio * * *

16

• Item That shortly after the arryvall of the said shipe * * * his
  shippe he beinge then Admyrall, and putt all the shipps companie of
  the * * *

17

• Item q̃d si et quãtus the foresaid[232] Elfrey or any of his Com-
  panie of the Tresurer * * * of the putting the foresaid eleaven persons
  out of the Neptune into the Tresurer, but [rather] * * * supplie their
  foresaid wants, or by some other Cause proceeding from the said[232]
  Elfrey * * *

18

• Item That neither the aforesaid ship the Tresurer, nor any of her
  tackle or furniture * * * Captaine Argoll at Virginia as aforesaid
  And he the said Captaine Argoll after the arryvall * * * partℯ
  there to make purchase, or to take such prizes as she could get from
  any Ac revera the s * * * to the Kinge of Spaynes subiects, and
  brought the said frigatts and spanish goods to the B * * *

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19

• Item That this pretensed suite howsoever brought in, or vnder the
  name of the foresaid * * * and direcc̃on of the foresaid Captaine
  Argoll, now Sr Samuell Argoll knight of purpose to cause * * *
  the Corte of Wardes, to surcease her said suite there Ac revera yt
  hath bene offered her the said * * * surcease and be discharged
  And soemuch the foresaid right honourable the Earle of Warwicke
  knowes * * *

20

• Item That Edward Withers, John Martin, Austen Styward, John
  Drason, Richard Beamond John [Wad] * * * et erant tempore eor'
  p̃nse producc̃onis et examinac̃onis anteaq̢ et citra Capitales inimici
  p̢fati Edwardi Bruister * * * quibus nulla fides saltem in Juditio
  sufficiens fuit aut est de Jure adhibend̴ p̳q̢ talibus per tota et omne
  [tempus] * * *

21

• Item That the said John Marten testis p̃nsus vtcunq̢ in hac Cãa
  product̃ fuit et est natus §in§ Persia seu Armenia * * * the Lords
  prayer §neither knoweth what the meaninge of an oath is§ and is the
  servaunt of the foresaid Captayne Argoll, and wholie dependeth on him
  for his maynteynaunce and hath no other * * *

22

• Item q̃d õia et singula prmissa fuerunt et sunt vera notaria publica
  manifesta p̱iter et famosa atq̢ de et sup̱ eisdem laborarunt et in p̃nti
  laborant publica vox et fama vnde * * * et parti sue in prmiss̃ et ea
  concerneñ fieri et cum effc̃u ministrari Utrisq̢ fieri statim et decerni in
  prmiss̃ et ea concerneñ q̃d Juris fuerit et r * * * Premiss̃ proponens
  * * * de quo p̳testatur sed quãtus in prmiss̃ p̳vaverit eatenus obtineat
  in petitℯ Juris beneficio in õibus semp̱ saluo vr * * * officiũ D̴ne
  Judex humiɫr implorand̴.