University of Virginia Library

CDLXX. Sir George Yeardley. Answer of Defendant to the
Demand of Captain John Martin[448]
February 4, 1624/5

The Answer of Sr George Yeardly Knight Defendant to the Demands of
Capt. John Marti[n] Esquire Complaynant whereby he requireth recom-
pence of wrongℯ donn him.

To the first, the said defendant saith that he never knew that Mr Whittakers
had at any time any Corne of the said Complaynantℯ.[449] but saith that Mr
Whittakers intestate he the said Defendant being then Deputy Governor
of Virginia required one Thomas Hobson, who belonged to Mr Whittakers
and was as his Sonne and Child kept by him in his life time, to take an
Inventorie of all such goodℯ and provisions as were then to be found in
the said Mr Whittakers house and them to take into his safe custodie that
if afterwardℯ there did appeare any to whom the goodℯ might more rightly

belong he should be accomptable for them. and the said Defendant saith
there was as farr as he remembreth found in the said house of Corne tenn
barrellℯ of Eares which he verily beleeveth was the said Mr Whittakers
owne Corne wch Corne was afterwardℯ disposed of and spent by the said
Tho: Hobson in the feeding of himself, Jarrett Hollock John Flood and
one Ruben all of them servantℯ to the said Mr Whittakers.

And saith further that after the arivall of Sr Samuell Argall who succeeded
the said Defendant in the Government of Virginia there came into this
Colony a sister of Mr Whittakers who made enquiry after the goodℯ of
her deceased brother but found that he left little of vallew behind him.
at that time also was the said Complaynant here in this Contrie who no
doubt if he had then complayned to Sr Samuell Argall and could haue
made proof that the said Corne had any waise belonged vnto him he might
then haue recou9ed the same. for the Corne was at that time very little
thereof spent. if he did not then complaine or had nott iustice don him
therein the said Defendant saith itt was no fault of his.

To the second the said Defendant saith that he doth remember one Pope
whoe served in his Shipp as Cooke enterteyned for that pourpose by James
Brett Mr of his said Shipp and went also for England as he remembreth
therin but whether the said Pope were servant to the Complaynant or
was runn away from him the said defendt knoweth nott. and doth further
protest and wilbe redy to be Sworne that the said Complayna[nt] never
at any time to his rememberance spacke to the said Defendant of or
concerning the said Pope nor that ever he so much as heard say that the
said Pope was runn away from the said Complaynant.

To the Third the Defendant saith that with his knowledg or by any
Warrant or allowance of his there were never any kine or Calues taken
from the said Complaynant to the vse of Mr Bargraue as he suggesteth
and therefor the said Defendt deemeth the said Complaynant to be much
mistaken in demanding allowance for any such kine or Calues from him
the said Defendant.

To the fourth the said Defendant saith that he was never acquainted that
the Complaynant had hired any of Capt stallinges men neither did he ever
heare say that the said Complaynant had hired any one or more of them

but saith that at his arivall to be Governor of Virginia he found ridinge at
Anchor in this River A shipp wch the said Defendt was given to vnderstand
belonged to Sr Ferdinando Gorge Knight the said stallinge being Capt
thereof wch said Shipp soone after the arivall of the said Defendant was
by the negligence of the said Stallinge and Company belongeinge to her
soffered to breake from her Anchors and in the night to runn a ground at
a place called Bowiers bay the said Stallinge the next day came to the
said Defendant and did intreat for help to gett of the said Shipp where-
vppon the said Defendant saith he lent the said Stallinge the long Boat
of the Diana with twelue of her best men to help of the said Shipp. but
before they could gett her afloat they were forced to vnlade much of her
provisions and goodℯ and by the direccion of the said Stallinge to carry
them on Shoar vppon the South side of the River and afterwardℯ with
great labor brought the said Shipp into Southampton River where the
said Stallinge very negligently left her wth only a boy to poump out the
watter. the said Shipp being extream leaky by reason of the great hurt
shee tooke in ron̄inge one ground at Bowiers Bay and he the said Stallinge
tooke all the rest of the Marinrs and Company to row him and some others
vp the river where in his way putting ashore at a place called Dancinge
Point, he happned to be slayne after whose death his Company went vpp
with their boatt vnto the said Complaynantℯ Plantat̃on the said Defendant
being then aboue at Charles hundred bussied about the publique affaires
of the Collony. the said Complaynant wrot vpp to him and certified him
of the death of the said Stallinge and howe that his men and boatt weare
at the said Complaynanttℯ [2] Plantacion wherevppon the said Defendt
vnderstanding the misaccident of the said Stallinges Death and howe also
that the said Shipp was left by him in doubt of perishing and that divers
of the goodℯ and provisions belonginge to her were left one shore by the
said Stallinge in hazard of the Indians whereby Sr Ferdinando Gorge
owner of the said Shipp might be much p̢iudiced he the said Defendant
forthwth in consederacion thereof gaue Warrant vnto Capt Georg Bar-
graue and one John Damerin to take the said Stallinges men and boatt
and to go downe to Ricoughtan and taking Capt Tucker, then Com̃ander
there to asist them to make a true Inventorie of all the goodℯ and pro-
visions belongeinge to the said shipp and also with the said Boat and
Companye to fech and bring together all thingℯ whatsoeuer that belonged
to the said Shipp and were by the said Stallinge left one Shore vppon the
South side of the River at Newportℯ Newes or any other place and them
to see laid vpp in som House or Store where they might be p̢served for
the vse of the said Sr Ferdinando Gorge of wch his proceedingℯ the said
Defendant saith he gaue notice by letters vnto the said Sr Ferdinando
intreatinge hime to appoint and send over some one whoe might receue
them to his vse wch afterwardℯ the said Sr Ferdinando did and gaue great
thankℯ to the said Defendt for his care and paines takin therin and for
that also the said Defendt had employd his owne people and boatt in
helping to bring the goodℯ together wch nott long after were dellivered
vnto one Ellis Cornish substituted by the said Sr Ferdinando as doth
appeare by a receipe vnder the hand of the said Ellis wch the said Defendt
hath to showe And the said Defendt saith that the goodℯ of the said
shipp being one this laid vpp as aforsaid he gaue license vnto the said
Shippℯ Companye to dispose of themselues for there owne best profitt
wher and in what place they thought good some of whom soone after
shipped themselues for England others for Canada. one only whose name
was Stoakℯ enterteined himself for the publique service of the Collony
Moreou9 the said Defendt saith that he was nott at all acquainted that the
said Complainan[t] had hired any one or more of them to serve him ether
as his servantℯ or Teñntℯ and saith that the said Complaynant did never
give him any notice of any such agreement. nor did then or after require
of him that they might fulfill any Conveñnt or agreement made. soe that
he verylie beleeveth that there was not any Coveñnt made at all betwene
the said Complaynant and the said Shipps Company. And further saith
that if any such thinge were doune by the said Complaynant as to hiere
into his service the said Shippℯ Company for the plantinge of Tobacco at
such a time when there Capt was newly slaine and the Shipp and goodℯ
like to be vtterly lost. that there was littell respect had by the said
Complãyn[t] to the damage that might therevppon ensue vnto the said
Sr Ferdinando Gorge in the losse of his Shipp and goodℯ wch Shipp notwth-
standinge that all the care was taken that the said Defendant could devise
for the speedy sendinge to her succorr was sunke in the River ere the boat
could get downe And the said Defendt forther saith that if any bargaine
or agreemt had been made betwen the said Complaynant and the said
Shippℯ Company that had beene lawfull he doubteth nott but the said
Complaynant would haue requyred iustice at that time that it might
haue beene p̱formed the wch thinge he never did ether by word or writting.

To the fifth the said Defendt saith that soone after his arivall to be Gov-
ernor having occac̃on for the publique servic' to employ Ensigne Savage
as an Interpretor he sent for him to the Complaynant at whose Plantac̃on
he then lived and saith that after the said Ensignes returne. the like
occac̃on required the sendinge of him againe butt saith that[450] was nott
acquainted by the said Complaynnt that the said Ensigne was his hired
servant nether did the said Complaynant require the said Ensigne to be
sent home againe. nor did the said Defendt knowe that the said Com-
playnant had any occac̃on to employ the said Ensigne to go abroad in
his Shallopp. and saith further that he did not vnderstand that the said
Ensigne was servant to the said Complaynant or any man else but as a
publique Interpretor. yet saith that if the said Complaynant had desired
to haue made vse of the said Ensigne and had acquainted him the said
Defendt therewth he beleeueth he should have beene redy to haue showed
him curtisie therein for at that time and afterwardℯ the said Defendant
did vnto the said Complaynant many speciall fauors wch. as he thinketh
the said Complaynant wilbe redye to acknowledg one among the rest
being the lending of him Corne when both he and his people relied very
great necessitie. And saith [3] further that he knoweth not nor doth
beleeue that the said Complaynant had at that time whilest the said
Ensigne was employed by the said Defendt for the publique servic' of the
Collony any intent to send forth his Shallopℯ one tradinge for that his
Cropp must haue spoiled one the ground in the absente of his people.

To the sixth the Defendent saith that the said Complaȳant was sent for
to James Cittie by the Generall Assemblie who writt him a very curteous
letter to that effect the Copie whereof the said defendt hath to shew theire
desier to comune wth him as by the iornall of the generall Assemblie
will appere was for that he sent from his plantac̃ion two Burgesses to sitt
in the Assembly and to haue theire voices there in the makeinge of lawes
and orders for the good and peaceably gouerning of the Collony vnto wch
lawes they the said Burgesses would nott assure the said Assembly that
the said Defendt or any of the people that lived vnder his Comand would
be obedient vnto, but that he the said Complainant wold notwistanding

any lawes that should be made there, govern and Comand by the authoritie
of his private Pattent and strictly stand vppon the privileges thereof,
vnder the protec̃ion of wch said Pattent it was well known to the Assemblie
that there lived at his plantacion diu9s bankroutℯ and indebted p̱sons
wth others of evill fame wch said p̱sons the said Complaynant had and
hath diu9s times protected against the authoritie of the publique officers
of this Collony and would nott suffer them to be arrested for theire debtℯ
but hath Comanded the sayd publique officers to dep̱te his teritorie,
threatninge them otherwise to lay them Neck and heeles. wherof the
said publique officers haue complayned to the said Defendt as he will
be Sworn and could haue otherwise more strongly prooved if the said
officers were now allive. by wch the said Complaynant oppos̃cion and
resistance. the Cape Marchant of the ould Magazine hath beene forced
to stay for the deptℯ of the said Magazine, as himself beinge now here is
able to wittnes. Another reson of the Generall Assemblies sendinge for
the said Complaynants to Comune wth him might be and was concerninge
an outrage done by some of the said Complaynantℯ people to Certaine
Indians in the Bay wth whom wee were in league and peace. in takeing
away by violenc' from them a certain quantitie of Corne at wch act it
semed to the assemblie the said Complaynant[451] conive,[451] and Complaint
bing[451] thereof made to the said Defendt by Opachankan, whoe also was
Complayned vnto by the Kinge one the Eastren shore to whom those
people and the foresaid corn belonged, that sattisfac̃on might be made
the said Assemblie thinking the same but reson resolued to moue the
said Complaynant therein.

To the seventh the Defendt saith that vppon the Day of the massacre the
said Defendt going vpp in his shipp towardℯ flourdien hundred and the tid
takeinge him short about Capt Sandrs his plantac̃on he manned his Shipps
boatt and went one shore to search if anny of the people might haue lyen
wounded whome he might haue saved and recovered. but serchinge the
ground and findinge none it groweing towardℯ night he retired to his Shipp
purposeing to send downe his boatℯ the next day to haue saued the Corne
wch lay in Capt Sandrs his howse with any other goodℯ wch might haue
benn found of worth to haue beene brought thenc' the necessitie and danger
of the Defendt one plantac̃on nott p̱mitinge at that time his longer stay

there. but the next day he had certaine newes that the houses and all
thingℯ else therein were burnt. he also saith that he doth nott know of
any thinge that was brought thenc' saue some poulterie from the roust at
one Taylors howse a dweller there, together wth a Sow wch he the said
Defendt gaue vnto the Mr of his said Shipp vppon his request there of as also
one Chest wherein as neare as he can remember was about sixty waight of
very ill condic̃oned Tobacco wch he the said Defendt bestowed vppon the
Marriners pourposing to pay for the said Sow and Tobacco wch he the said
Defendt might as he thought well doe in regard the said Capt Sandrs dyed
indebted to him the sonn[452] of Eighteen poundℯ starlinge as will appere by a
bill of the sayed Capt Sandrs hand wch the said Defendt hath to show he
saith also that the Marriners did throw som smale trompery in to the boat
thingℯ of litle or no vallew the Indians hauinge caried away all other
thingℯ as it should seeme by there strowinge of old Chestℯ and barrellℯ
about the feild but weather there were at the sayd Capt Saundrs Plantac̃on
any goodℯ at all belonging to the said Complaynant the said Defendt saith
he knoweth nott nor did he see or p̱ceue that anything was brought thence
by any of his people saue one yong Calf wch dyed in the Shipp and [4] Was throwne ourbord before he got vpp to Flourdieu Hundred And farther
saith that if the said Complaynant can proue that any thing was by him the
said Defendt or by any other wth his allowace brought thence he wilbe
ready to make p̢sent sattifacc̃on for the same to the right owners thereof.
Moreover the said Defendt saith that he hath heard that non of the goodℯ
of the said Complaynant were at the Plantac̃on of the said Capt Sandrs
butt were lefte by him the said Complaynant at his dep̱ture for England in
his owne dwellinge houses wch were about A mielle distant from the said
Plantac̃on And where the said Defendt saith that neither he nor any of his
people ever came at that time or since the Massacre and therefor the said
Complaỹant shall doe him wrong if he accuse him of bringeng any thing
thence where neither he nor any of his Canne.[452]

To the [eigh]t the De[fendant saith t][453] hat vntill this time he never heard of
any such thinge but saith that he hath latly spoken wth Ensigne Chaplaine
and then certified him of this demande of the Complaynant who told him
the whole take his oath.[452] that there was neu9 any agreemt made betwene

him and the said Complaynant that tow kine should be delivered to the
said Ensigne for sattifatc̃on of the said Complaynantℯ bond. and said that
he never demanded any kine of Capt Saundrs nor did Capt Sanders at
any time make proffer to deliu9 him any whereby it is not likely that the
said Defendt did com̃and Capt Saundrs the contrary.

To the Nynth and last the Defendt saith that vntill this time he never heard
of any such thinge but saith that Liueteñnt Peppett beinge now in this
Cittie itt may please the Governor and Counsell to examine him there of.