CCXXXII. Virginia Company vs. Wye. Defense of Wye
May 6, 1622
Admiralty Court, Instance and Prize, Libels 81, No. 340
Document in Public Record Office, London
List of Records No. 305
Thesaurarius et societas Virginie coñ Wilɫmum Wye Ireland Williamson
Quo die Williamson nomine proc̃urio ac vt p̳curator ɫtimus dc̃i Wilɫmi
Wye õibus melioribus et efficatioribus via modo ac iuris forma quibus
melius aut efficatius de Jure potuit aut potest debuitve vel debet
Necnon ad õem quemcūq̢ Juris effc̃um exinde quovismodo sequi
valeñ dicit allegat et in hiis scriptis in iure p̳ponit arɫatim p̳ut sequitur
vizt
Inprimis vizt that after the Maine Maste of the shippe called the Garland
was loste at the Som̄er Islandℯ in the storme menc̃oed in the Allegacon
given on the behalfe of the said Wye in this Cause he the said Wye nor
any other Mr of any other shippe could not haue any meanes to rayse a
Jury Maste or make any other provision in that Island or could be fur-
nished wth such p̳vision as was needful there, neither at that time were
there any Mastℯ fit to make either Mastℯ or Jury Mastℯ in all that Island
but such as were in the Governors possession and Comaunde And it was
impossible for the sayde Wye at that tyme to haue gotten or had any
other Maste or Jury Mast but such as the Governor of the same Som̄er
Islandℯ would then permitt & suffer him to have And in case there had
beene any Jury Maste to have beene gotten at the Som̄er Islandℯ at that
tyme yet it had not byn possible for the sayd Wye to have sayled with
the sayd ship the Garland to Virginia in such weather as then was there.
Et ponit pars ista conm divim et de quoɫit.
Item that yf in case the sayde shipp the Garland could have byn then
fitted and inabled with a Mast or Jury Maste to goe to Virginia from the
Som̄er Islandℯ yet the passingers sent in the sayd ship by ffarrer and
Sheppard were not then and there provided of victuallℯ Caske for freshe
water and other necessaryes fitt for their sustenance from the Som̄er
Islandℯ neither could they then be provided and furnished therewith in
the sayd Som̄er Islandℯ neither had they the sayd ffarrar and Sheppard
then and there any Cowper fitt to provide Caske to putt in freshe water
for the sayd passingers Hocq̢ fuit et est verū pub
cu et famosum Et ponit
vt supra.
Item that one fferdinando Sheppard was factor and agent or was appoynted
to take the charge of the goodℯ and passingers put on borde the sayd ship
the garland the sayd voyage (Captaine Whitney beinge dead) for the sayd
ffarrar and Sheppard and went in the sayd shipp the Garland from London
to the Som̄er Islandℯ and the sayd fferdinando Sheppard after the tempest
aforesayde and after the sayd shippe had lost her mayne Mast and was
disabled to proceed from the Som̄er Islandℯ to Virginia tooke out of the
sayd ship the Garland at Som̄er Islandℯ all such passingers and all the
goodℯ and provision whatsoever and placed the sayd passingers wch should
have gon to Virginia vppon the Landℯ of the sayd ffarrar and Sheppard
or one of them and disposed of all the goodℯ and provision wch should
haue byn transported to Virginia at the Som̄er Islandℯ for the vse accompte
benifitt and profitt of the sayd ffarrer and Sheppard or one of them And
the sayd fferdinando Sheppard did in the p̢nce of the Governors and
Counsell of the Som̄er Islandℯ and divers other witnesses allowe of the
dischargeing of the passingers and goodℯ at the Som̄er Islandℯ wch should
haue byn transported to Virginia or at least did not gaine say the same
And the sayd Sheppard and ffarrer [or one][309]
of them have allowed of the
proceedingℯ of the sayd §fferdinando§ Sheppard at the Som̄er Islandℯ
and have receyved a great benifitt by the ymployment of the sayd pas-
singers vppon their Landℯ at Som̄er Islandℯ in Tobacco and other Como-
dityes And the sayd fferdinando Sheppard did * * *[309] the sayd
Storme and after the Ship was disfurnished of Mast tackle and other
furniture to proceed to Virginia and after that he * * * vnderstood
that the Governor there would not p̱mitt the sayd Wye to haue any
provision acknowledge and confesse that the sayd Wye had * * *
noe meanes to goe from Som̄er Islandℯ to Virginia wth the sayd Ship the
garland and in the p̢nce of the Governor and Counsell there and other
Witnesses did Consent or at least wise did not gaine say that the sayd
Ship the Garland should gyve over the voyage to Virginia and should
returne directly from thence to London with the goodℯ of that Island.
Et ponit vt supra
Item quod p̢missa õia et sing̃la fuerunt et sunt vera publica noria mani-
festa p̱iter et famosa atq̢ de et super eisd̴ laborarunt et in p̢nte laborant
publica vox et fama vnde facta fide de Jure in hac p̱te requisit̃ Petit pars
dc̃i Wilɫimi Wye ius et Justiciū sibi et p̱ti sue in p̢miss̃ et ea concerneñ
quibuscūq̢ fieri et ministrari cum effectu
Indorsed:] Thesaurarius et societas Virginie con9: Wye
Dat̃ p̱ Wmson Crastino xvmi Pasche 1622
