Records of the Virginia Company of London

EDITED BY SUSAN MYRA KINGSBURY, A. M., Ph. D. CAROLA WOERISHOFFER PROFESSOR OF SOCIAL ECONOMY BRYN MAWR COLLEGE

UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON:, 1933, 195345 L. C. card, 6–35006

In 1906 the Library of Congress published, in two quarto volumes entitled "The Records of the Virginia Company of London," the text, from the manuscript in the Library, of the Court Book containing the minutes of that company's meetings, and of the meetings of its council, from April 28, 1619, to June 7, 1624, together with an elaborate and learned introduction by Miss Susan Myra Kingsbury, now professor of social economy in Bryn Mawr College, and a list prepared by her of additional documents illustrative of the company's history from the date of its chartering until after its dissolution by the Crown and the consequent conclusion of its business. These documents, 764 in number, are listed, with bibliographical references as to their sources, in the section of Miss Kingsbury's first volume (pp. 119–205) entitled "List of Records." The project of publication formed at the time when those volumes were issued contemplated the printing, in additional volumes, of the documents thus listed, or of all those among them that had any historical significance. Their texts are now to be presented, in two volumes num- bered III, IV, of The Records of the Virginia Company of London. The texts have been prepared by Miss Kingsbury with great care and accuracy. The first 273 of the documents arranged for publication are presented in the present volume. A nearly equal number, completing the series, will be presented in Volume IV, now in the printer's hands. The two volumes will constitute an addition of great magni- tude, and of the highest interest, to the materials for the early history of Virginia, and their preparation, distinctly a labor of love on the part of Miss Kingsbury, places all future students of that history under a heavy debt of gratitude to their accomplished editor.

Heŕbert Putnam, Librarian of Congress.

The documents contained in Volumes III and IV of the Records of the Virginia Company of London are original papers, official and other, of the company or relating to it. While the Court Book of the Virginia Company, published as Volumes I and II of this series, presents minutes of the meetings of the corporation, the succeeding volumes contain materials that vivify its decisions and decrees, explain the difficulties met and overcome by that redoubtable group of adventurers, reveal the petty jeal- ousies of the administrators, and especially record the controversy between the company and the Crown that resulted in the dissolution of the corporation and the creation of the first crown colony of Great Britain.

Four official sets of records are herein printed or cited. Two are published in full. One set is the original papers contained in the volume, now preserved in the Library of Congress, which has long been referred to as "Manuscript Records of the Virginia Company, Volume III." One set embodies records of action in law courts by the company or against the company. They are taken from the records of the various British courts and were found in the Public Record Office. Two sets are not here included as originally planned. They have been published in full since this series was begun. One is the "Courte Booke" of the colony, February 4, 1622/23, through February 9, 1632/33. It is now printed under the title "Minutes of the Council and General Court of Colonial Virginia," edited by Dr. H. L. McIlwaine (Richmond, Va., 1924). The other set of documents has been published in the "Acts of the Privy Council, Colonial", volume I (London, 1908). Some actions of the council that concerned the Virginia Company of London are not to be found in that publication. They are therefore here printed. The collection called the Sackville Papers, dis- cussed in the Introduction to the Records of the Virginia Company, Volume I, page 114, was, by the courtesy of the third Lord Sackville, examined by Prof. A. Percival Newton, of the University of London, and the documents relating to Virginia were printed in 1922 in the American Historical Review, Volume XXVII, pages 493 to 538 and 738 to 765. Those bearing dates earlier than 1623 are not here reprinted.

Included in this volume are manuscripts from two collections that are unique. The "Smyth of Nibley" papers give the history of a single settlement, called Smyth's (or Smith's) Hundred, that is typical of the various hundreds of the colony. They extend from February 3, 1618/19, to August 1, 1622, inclusive. These papers are all in the New York Public Library. The "Ferrar Papers," on the other hand, now belong- ing to Magdalene College, Cambridge University, are a veritable gold mine; their unique value is discussed in the Introduction to the Records of the Virginia Company, Volume I. They supply a vast amount of information through the correspondence between the colony and individual planters of the colony and Sir Edwin Sandys, Nicholas Ferrar, and John Ferrar, and also between Sir Edwin Sandys and the other officials of the company. Only a few documents are official, including two reports from the council in Virginia, a record of a Somers Islands court, and some less impor- tant items of this type. The first paper bears the date June 8, 1617, and the last November 1, 1624. But only a few go beyond midsummer of 1622.

On the other hand, the "Manuscript Records of the Virginia Company, Volume III," do not begin until August 12, 1621, but continue throughout the life of the com- pany. They differ in character from the Smyth of Nibley Papers and the Ferrar Papers. As stated above, they record official acts of the council in Virginia and include commissions, proclamations, orders, laws, letters to and from the council in London, and petitions to the Governor and council in Virginia.

Communications between the company and the King or the privy council, and some letters to and from the governor and council of the colony, were spread on the minutes of the company, and therefore appear in Volumes I and II, of this series. They are not reproduced in Volumes III and IV, even though the original documents are found in the other collections.

All documents here published are discussed at length in the Introduction to Vol- umes I and II of this series. Practically every paper indicated as to be included in the series by the star affixed in the "List of Records" that appears in the Introduction to Volume I is here printed. Two documents (List of Records No. 70 and No. 153) could not be found, and it has proved impossible to secure a copy of No. 12.

Fifty-seven documents dating earlier than April 28, 1619, when the records in Volume I begin, are printed in this volume. They include all records that had not heretofore been known or published by Alexander Brown, the Virginia Magazine of History, or other reliable works on the early history of Virginia. Perhaps the most important documents found by the editor that are here included are the "Instrucc̃ons Orders and Constituc̃ons to Sr Thomas Gates knight Governor of Virginia" of May, 1609, and the "Instructions orders and constituc̃ons ... to ... Sr Thomas West knight Lo: La Warr," 1609/10, by the Virginia Council. These are the first instructions given by the competent authority to a British colony.

Source material for the history of the company through the year 1622 is presented in this volume. March 22, 1622, saw the frightful massacre of colonists by the Indians. The story of that tragedy, the efforts for recovery, and the beginning of the reestablished colony conclude this volume.

The editor wishes to make acknowledgment to Prof. J. Franklin Jameson, chief of the division of manuscripts in the Library of Congress, for his painstaking care in reading the proof to the original documents of the "Manuscript Records of the Virginia Company, Volume III," and to some of the photostats of material in England, and also for his constant watchfulness in seeing the documents through the press.

To Marian Carter Anderson the editor is indebted for her valuable and expert assistance in preparing much of the manuscript, and especially in the difficult reading of practically all of the proof.

Helen Kingsbury Zirkle has prepared the index of Volume III, and to her the editor wishes to express gratitude for the complete and accurate contribution she has made to the usefulness of the documents in historical research.

A part of the expense for reading the proof and the cost of preparing the index were met by a grant from the Social Science Research Council.

Susan M. Kingsbury. June 30, 1932.

~ over a word indicates a contraction or an omission of letters.

* * * * * indicate an unintelligible word or part of a word in the manuscript, there being approximately as many asterisks as letters in the word.

[  ] inclose words or letters which are doubtful in the manuscript; also, in a few instances, inclose words or letters reduplicated in the manuscript.

[  ] inclosing words in italics indicate explanations by the editor; also, in a few instances, italics indicate letters supplied by the editor to complete a word.

A line drawn through a word or a part of a word indicates a word or letters canceled in the manuscript.

∥  ∥ inclose words interlined in the manuscript by the reviewer.

§  § inclose words interlined in the manuscript by the copyist.

SIGNS AND ABBREVIATIONS.
• c̃on indicates tion.
• Cort indicates Court.
• ɫre, ɫres indicate letter, letters.
• li indicates pound.
• ll͠s, LL͠s, Lo indicate Lords, Lord.
• L̃ops, LL͠ps indicate Lordships.
• Mts, Matie indicate Majesty's, Majesty.
• Or, yor indicate our, your.
• p̱ indicates per, par, e. g. p̱vse (peruse).
• p̳ indicates pro.
• p̢ indicates pre, pri, e. g. p̢uately (privately).
• q̢ indicates que.
• Tr̃er, Thr̃er indicate Treasurer.
• wtt indicates weight.
• 9 indicates omission of letters or syllable, most often of er, e. g. man9 (manner).
• ℯ indicates final es or et, e. g. handℯ (handes).

It was proposed; 1

Blank space in the manuscript.

1.

• First, yt it mought give adventurers, a clearnes and satisfaction, for ye Iustice of ye action, and so encourage them, and draw on others.

2.

• That ye Spaniard might out of this intimation reasonably collect, yt wee vnderstood our owne case to be such, yt the state would neyther feare, nor be ashamed to proceed in yt persecution ther of, if any Course should bee held agaynst yt: and yt this Iustification of our owne title, would deterr, or at least retard ye Spaniard from suddayne attempting vs.

  And though it were sayd then; That this was a lowe and impotent way to convey it by such a close scedvle; yet [xx] seemt, not to want example of other things carried in yt manner: and yet to haue wrought ye same effect, as a more publique declaration of ye state could doe.

  They wch differed from him had these motiues;

1.

• That it conduc'd not to his first hope of encouraging, or inciting adventurers: for, they in this poynt needed it not, nor require yt. That ther is much of a Confession, in euery unnessary Apology: yt to moue scruple, especially of Conscience, wher ther is afore quiettnes and no doubting rather shakes and deterrs, then settles, or confirmes. And yt already some of best Iudgement, startle vpon ye first noyse of yt. That

2.

• That ye Spaniard hath already seene more publique, and authentique testemonyes, of ye States good affection to ye Iourny, by establishing it vnder ye great seale: and by ye seconding, and Iterating supplyes, then this way can giue him:

  Besides it is more then probable yt his Ambassador will forthwith expos- tulate wth his Matie about this writing, and then it is not conceau'd how far his Matie wilbe pleasd to avow yt, wch may intimate disavowing:

  Besides yt it seemed not to worke these good effects wch were pretended, it hath these euident dangers in yt.

1

• It will rather hasten ye Spaniards rage, then retard yt; because he will see it, to grow euery day harder for him to defeat vs.

2

• It will rayse vndisputably, two pen-adversaries of diuers sortes: The first are perfect Spaniards, who will defend yt title vpon ye Donation, of Alexander, wch is so grounded vpon the principles of theyr religion yt some of ther best authors haue pronounced yt Heresy to doubt yt. And wee, (though wee want not inducinge and Convenient arguments from God, and Nature and Nations) yet haue no such convincinge and obliga- tory * * * * * * irs, 1

  The manuscript is so torn as to be illegible.

  especially towards them, and their ground. [2] The second sort wilbe neutrall writers, but of Spanish affections: who because they cannott thereby hurt ye Spaniard already established there, but may slacken vs, if they can cast scruples into our Conscience § 2

  See note at the end of the document.

  will wright agaynst ye lawfullnes of plantation in these, as well by ye Spaniard, as by vs, or any, wch must necessaryly grow to disputution of so much intricasy, perplexity, and replication, as shall conduce vnto theyr end of slackning ws. if no farther. For when at first discouery of these partes, ye Spaniard did subiect ye Consideration of yt to Casuists, and Confessors, it became so indeterminable, yt he was forced to resolue roundly vpon ye worst way, least he should haue none, to prosecute ye Indians as Barbar's, and therby Naturally slaues. When after 50 yeares his Fryars declyn'd him from yt seuere and vnIust course, and he labourd by men of all learninge to prouide himselfe of a more acceptable title, all ye reasons, wch were prepard to him, by men of discourse, from ye Indians transgressing ye Law of Nature; from his [ciuilians] for their denying com- merce: from his Canonists, by ye Donation: and from his Deuines, by preparation of religion, were so incohœrent and so resisted by one another, as many bookes written in his defence, were suppressed in his owne Kyngdome, and at this day, from all ye authors extant, in yt pointe, (though they admitt ye purpose of ye donation, yet departing from ye very lettre) can be gathered for him no title, of Dominion or property, but only a Magistracy, and Empire, by wch he is allowed to remoue such impediments, as they had agaynst ye knowledge of Religion.

Because therfore, we shalbe putt to defend our title, not yet publiquely quarreled, not only comparatiuely to be as good as ye Spaniards (wch we doubt not is easy enough, when it shalbe impugned,) (agaynst wch not wth standinge to gouerne them, ther arises ye Donation, and yt wee seek Dominion) but absolutely to be good agaynst ye Naturall people: some thought it better to abstayne from this vnnessisary way of proui- cation, and reserue ourselues to ye defensiue part, when they shall offer any thing agaynst vs: wch will more easyly and satisfactoryly be donne, and we are like enough to bee too soone putt to yt by them, when they see ye proportion and forwardnes of this present supply.

§ if ye first way fayle (because I doubt not of ouerthrowing ye Dona- tion) then this will follow, wch if we could mayntayne yet wth such subtelty of distinction, as ye merchant wilbe vncapable of satisfaction therby 1

This paragraph is written in the margin.

[Indorsed:] ∥Reasons against publishing the King's title to Virginea.∥

1. The oath of Supremacie Allegiance

I, M    doe vtterlie testifie & declare in my conscience yt ye kings highnes ye onlie supreame Gouernor of great Brietaine and of all the Collony of    1

A blank space in the manuscript.

[20a] 2. The oath of Allegeance Supremacye

I    M    doe trulie and sincerely acknowledge, professe testifie and declare in my Conscience before God & the world, That our Soueraigne Lord King James §Charles§ ys lawfull and rightfull King of great Britaine and of the Colony of Virginia, and of all other his Maiesties Dominions and Countries. And that ye pope neither of himselfe, nor by any Authoretie of the Church or See of Rome, or by any other meanes (wth any other) hath any power or authoritie to dispo §depose§ the King or to dispose any of his Maties Kingdomes or Dominions, or to authorise any forreine prince, to inuade or anoy him in his Countries, or to dis- charge any of his subiectes of ther Allegeance and obedience to his Maiesty or to giue licence or leaue to any of them to beare Armes, raise, tumult, or to offer any violence, or hurt to his Maiestiℯ royall person, state, Gou- erment, or to any of his Maiesties subiectes wthin his Maiesties Dominions. Also I doe sweare frõ my hart, that notwthstanding any declaration or sentence of Excomunication, or depriuation made or granted, or to be made or granted by ye pope or his successors, or by any authoritie deriued, or pretended to bee deriued from him, or his Sea against the king his heires or successors, or any absolution of the said subiects from ther obedience: I will beare faith & true Allegeance to his Matie his heires and successors and him and them will defend to the vttermost of my power, against all Conspiracies and attempts whatsoeu9 wch shall be made against his or ther persons, ther Crowne and dignitie, by reason or Color of any such sentence or declarac̃on, or otherwise, and will doe my best Endeauors to disclose and make knowne vnto his Maiestie, his heires & successors, all treason and trayterous Conspiracies, wch I shall heare or knowe of to bee against him or any of them, And I doe further sweare, That I doe frõ my hart abhorr, Detest & abiure as ympious and hereticall, this damnable doctrine and position That Princes wch be excomunicated or depriued by the pope, may be deposed or murthered of ther subiects or any other whatsoeu9 And I doe belieue, and in conscience am resolued, That neither the pope nor any other person whatsoeu9 hath power to absolue me of this Oath or anie parte therof, wch I acknowledge by good & full Authoritie is to bee lawfullie ministred vnto mee, and doe renounce all pardones & dispensations to ye contrarie, And theise things I doe plainely and sincerely accknowledge & swere according to theise expresse words by me spoken. And according to ye plaine & com̃on sense & vnder- standing of the same wordℯ wthout any equivocation or mentall evation, or secret reseruation whatsoeu9, And I doe make this Recognition & accknowledgment hartilie willinglie & trulie vpon the true faith of a Christian So helpe me God;

The oath administred by the Governor and counsell after mr Secretarie Dauison death to Edward Sharples

You shall keepe all secret all matter Com̄itted & reuealed vnto you, and all things that shall be treated secretlie at ye Counsell table vntill such time, as by the Consent of his Maties Gou9nor & Capt generall & the full consent of the Counsell of state then resident, or the more parte of them publication shalbe made therof And you shall most exactlie & faithfullie to yor vtmost power record all actℯ & matters to be recorded & kept frõ tyme to tyme, wch shall be resolued vpon by the Gou9nor & Counsell of state, or the maior part of them, & you shall not deliu9 any thing con- cerning the affaires of the Counsell to any other person to bee coppied out or ingrossed, wth out first makeing the Gou9nor accquainted therwith and leaue obtayned. so hepe you God & the Contents of this Booke

[1. Complaint]

1

• Inprimis vizt q̃d Anno D̴ni 1606 mensibusq̢ in eod̴ anno Concurreñ ac etiam mensibs Martii, Aprilis, Maii, Junii, Julii, Augusti, Septembris, Octobris, Novembris, Decembris, Januarii et ffebruarii anno D̴ni 1607 Joh̴es Havercome fuit et erat p̱ honorand̴ virū d̴nm Joh̴em Popham militem def̴ pro quodam viagio marittimo a p̱tibus Angliæ ad p̱tibus vltra- marinas vocat̃ et Cognit̃ p̱ nomen Virginiæ faciend̴ ac ab illis p̱tibus secundum directionem et mandatum Georgii Popham presidis et aliorū Consiliarior d̴ni ñri Regℯ in p̱tib9 borealibus regionis pred̃ existeñ ad hoc Regnũ Angliæ redeund̴ mgr navarchus sive gubernator navis pred̴ vocat̃ the guiffe of God rite et ɫtime Constitut̃ Et ponit Conm diuim et de quoɫet.

2

• It̃m quod annis et mensibus pred̴ dc̃us Joh̴es Havercome officium sive munus m̃gri navis vocat̃ the guifte of god pro viagio pred̴ in se suscepit et vt mag̃r sive navarchus dc̃e navis the guift of God durante viagio pred̴ inserviebat ac pro m̃gro pro toto viagio pred̴ fuit et erat Cõiter dc̃us, teñtus h̴itus nõiatus ac reputatus palam pubce et norie Et ponit vt supra.

3

• It̃m q̃d dc̃us Joh̴es Havercome anno et mensibs pred̴ seu eorū aliquo cum navi sua pred̴ Cui p̢fuit a p̱tibus Angliæ pred̴ decessit ac versus p̱tes vltra-marinas vocat̃ et cognit̃ p̱ nomen Virginiæ pred̴ navigabat ibimq̢ salvo appulit Et ponit vt supra.

4

• It̃m q̃d temp̱e appulsus dc̃æ navis in p̱tibus verginiæ pred̴ añ dc̃us Georgius Popham fuit et erat in illis p̱tibus Preses sive gubernator Con- siliariorū d̴ni ñri Regℯ in p̱tibus borealibus regionis pred̴ rite et ɫtime Constitut̃ et allocat̃ Et ponit vt supra

5

• It̃m that p̃ntly vppon the arrivall of the said shipp the guift of God in the North p̱tℯ of Virginia aforesaid the said John Havercombe mr of the said shipp the guift of god did Com̄itte himselfe his shipp and Companie and her lading vnto the Comaund and governmente of the s̃d President and others of the Counsaile aforesaid and did serve him and others of the Consaile boath wth ther boat and men and did all such service and labor as the said President and Counsaile did direct and appoint them: hocq̢ fuit et est verū pubm noriū manifestū p̱iter ac famosū Et ponit vt supra.

6

• It̃m that shortly after the p̢mises vizt about the ninth 1

  This may be the month.

  of October the mary and John (wherewth this xxxdent) §said Havercombe§ and the guift of god was Consorted did dep̱te from vs towardℯ England in the harbor the s̃d Havercombe out of the harbor of Sakadahoc in the north p̱tℯ of Virginia before such tyme as the said Havercombe had discharged the said guift of god either of her victualls or salte and p̃ntly after the vnlade- ing of the salt and victualls aforesaid the said governor and others of the Counsaile aforesaid did determine to send the said Havercombe and his said shipp p̃ntly for England but by reason of som̄e spech of the people of that Countrie that gave intelligence to the governor and others of the Counsaile that the ffrench would come and beseige them the said gov- ernor and Counsaile Com̄aunded the said Havercombe and Companie to stay longer in the said Countrie and not to dep̱te Hocq̢ fuit et est verū pubiū noriū manifestū p̱iter ac famosū Et ponit vt supra.

7

• It̃m that by reason of the p̢misses in the next p̢cedent arle menconed the said Havercombe and Companie wth the guifte of god aforesaid were by Comaundement of the President aforesaid and others of the Coun- saile aforesaid Comandedment to stay in the harbor of Sakadahoc aforesaid and there did by the appointment of the said governor and Counsaile remaine wth the said shipp and Company and kept watch and ward for the space of 8, 7, 6, 5, 4 3 or at least two monethes together, hocq̢ fuit et est verū noriū pubm p̱iter ac famosū Et ponit vt supra.

8

• It̃m that dureing the aboad of the said Havercombe and Companie wth the guifte of god aforesaid in the harbor aforesaid there happened much fowle weather and Ice in the said Countrie the extremitie whereof did much indanger and hurt the said Shipp the guifte of God wherevppon the President and others p̱ceaveing it, did give directions vnto the said Havercombe to ballast the said shipp and delivered vnto the said Haver- combe such store of victualɫ as they could well spare: Hocq̢ fuit et verū pubm noriū manifestum p̱iter ac famosū Et ponit vt supra.

9

• It̃m that the said President and Counsaile had not sufficient p̳vision of victualɫs and other thingℯ to furnishe the said shipp to send her for England when the said shipp the Mary and John were gone for England but were forced by reason therof as alsoe for that the said shipp would have bine vtterly spoiled by the Ice and fowlnes of weather aforesaid to send the said shipp for England Et ponit vt supra.

10

• It̃m that the said President and Counsaile did appoint one Capt Elliott Capt of the said shipp the guifte of god in her returne towardℯ England and did give Com̄aundment and directions vnto him and to the said Havercombe and Company to dep̱te wth their said shipp the guift of god towardℯ England wth such smal provision of victualɫs as they could spare and appointed him the said Havercombe and Eliot to dispose of and sell 30 mastℯ, a peece of ordinance and any other thing or goodℯ they had aboard the said shipp at the Island of the Asseraes and appointed them to stay and victualɫ themselues and Company there and fitt the said shipp the guift of God wth such necessaries as she wanted Et ponit vt supra and at their arrivall at the Assorez had but twoo hogsheadℯ of beere, twoo hogsheadℯ of bread and two daies p̳vision of meale left vn- spent and then

11

• It̃m that the said Havercombe and Company of the said shipp the guifte of god after their dep̱ture forom Sakadahoc aforesaid toward England were in great §for§ need and distresse of victualɫs and were for want thereof by the appointement of the said Elliot forced to put into the said Island of Assorees where the said Elliot did by Com̄aundment of the governor and Counsaile aforesaid sell certeine goodℯ belonging to the said shipp to furnishe the said ship and Companie wth victualɫs for the releife of the said Company wch otherwise would have p̱ished for want thereof Et ponit vt supra

12

• It̃m that before such tyme as the said Havercombe did put into the Assorees wth his said shipp the guifte of God he and his Company were for want of drinke forced to drinke water and indured endured such penury and want that divers of the said Company died for lack of food and others for want thereof (yf they had not bine speedely releived delivered) would have likewise p̱ished Hocq̢ fuit et est verū noriū pubcū manifestū p̱iter ac famosū Et ponit vt supra

13

• It̃m quod p̢missa vid et singula fuerunt et sunt vera pubiu noriu mani- festa p̱iter ac famosa, atq̢ de et sup̱ eisdem laborabant et in p̃nti laborant pubca vox et fama vnde fact̃ fide de iure in hac p̱te requisit̃ petit p̱s ista p̳ponens ius et iusticiam &c.

[Indorsed:] D̴nus ffranciscus Popham miles et Anna Popham vidua c̃ Joh̴em Havercom Browne Williamson Dat̃ p̱ Williamson viii Junii 1608.

[2. Sentence]

In dei nomine Amen Auditis visis et intellectis ac plenarie et mature discussis p̱ Nos Thomam Crompton militem ac Legū Dc̃orem §Curiæ§ d̴ni ñri Regis suæ Admite Angliæ Locumteneñ Judicem sive Presideñ ɫtime Deputatum, Meritis et Circumstanciis Cuiusdam p̃nsæ Causæ Civilis sive marittimæ quæ, Coram §nobis§ in Juditio inter D̴num ffran- ciscum Poppam militem filiū ñralem et ɫtmum ac D̴nam Annam Popham viduam relictam et Executor̃ nõinat̃ in Testamento sive vltima voluntate honorandi viri D̴ni Joh̴is Popham militis dum vixit Capitalis Justiciarii D̴ni ñri Regℯ ad p̃lita Coram eo tent̃ partem ageñ et querelam̃ ex vna et Joh̴em Havercombe nup̱ Mr̃um prfectum sive gubernatorem Navis vocat̃ the Guift of God p̱tem ream et querelatam; p̱tibus ex altera vertitur et pendet indeciss̃ rite et ɫtime procedeñ: Partibus pred̴ p̱ earum Proc̃ures Coram nobis in Juditio ɫtime Comp̱eñ: Parteq̢ dc̃i Joh̴is Havercombe S̴niam ferri et Justiciam fieri pro p̱te sua: Parte vero memoratorū D̴ni ffrancissi Popham militℯ pred̴ et Annæ Popham vid̴ pred̴ Justitiam etiam pro p̱te sua instanter respective postulañ et peteñ Rimatoq̢ primitus p̱ Nos atq̢ diligenter recensito toto et integro processu in hũmi Causa habit̃ et fact̃ Servatisq̢ per nos de Jure in hac p̱te Servandis ad ñre Sniæ Diffinæ sive ñri in hac p̱te finalis Decreti prolationem in hũmoi Causa ferend̴ sic Duximus procedent fore et procedimus in hunc qui sequitur modum: Quia per acta inactitata, deducta allegata exhibita prop̃oita et probata in hac Causa Comp̱imus Luculenter et invenimus partem añdc̃orum D̴ni ffrancissi Popham militℯ prd̴ et Annæ Popham vid̴ pred̴ intencionem suam in quodam suo Lilo pñso ex p̱te sua in hum̃oi Causa vtcunq̢ dat̃ et oblat̃: Quem quidē Libellum pro hic lect et insert̃ h̴emus et haberi vol- umus, minus sufficienter fundasse aut probasse sed in probatione eiusdem penitus defecisse et deficere: Idcirco Nos Thomas Crompton miles Legū Dc̃or ac Judex añdc̃us xp̃i Nomine primitus invocato ac ipsum solum Deum oculis ñris prponeñ et habeñ deq̢ et Cum Consilio Jurisperitorū Cum quibus in hac parte Comunicavimus matureq̢ deliberavimus prfatum Joh̴em Havercombe ab instancia et impetitione prefatarū p̱tium ageñ in hac Causa, quoad deduct̃ et petita p̱ p̱tem suam in Lilo p̃nso pred̴ aɫs ex p̱te sua in hac Causa dat̃ et oblat̃, deduct̃ dimittend̃ et absolvend̃ fore pronuntiamus decernimus et declaramus, ac p̱ p̃ntes dimittimus et absolv- imus: Silentiumq̢ p̱petuum quoad deducta et petita in Lilo pñso pred̴ imponimus: Dc̃umq̢ d̴num ffranciscum Popham militem añdict̃ et D̴nam Annam Popham relictam et executor̃ predictam in expensis ɫtimis ex p̱te et per p̱tem añdc̃i Johannis Havercombe in hac p̱te factis et faciend̃ eidemq̢ solvend̴ Condemnamus, Condemnatumq̢ ad debitam et effectu- alem solucionem earundem ɫtime Cogend̴ et Compellend̴ fore decernímus p̱ hanc ñram S̴niam Diffinitivam sive hoc ñrum finale Decretum Quam sive quod ferimus et promulgamus in hiis scriptis: Taxationem vero sive moderationem hum̃oi expensarū Nobis aut alii Judici in hac p̱te Com- peteñ Cuicunq̢ reservand̴ et reservamus.

W Byrde

[Indorsed:] D̴nus ffranciscus Popham miles et D̴na Anna Pophā c̃ Joh̴em Havercomb §Browne§ Williamson.

Lecta lata et p̳mulgata fuit hec s̃nia p̳ Dñm Thomā Crompton militem sup̢me Curie Admite Anglie Judicem xxiij Junii 1608.

Instrucc̃ons orders and constituc̃ons by way of advise sett downe declared and p̳pounded to Sr Thomas Gates knight Governor of Virginia and of the Colony there planted, and to be planted, and of all the inhabi- tants thereof, by vs his maiesties Counsell for the Direcc̃on of the affaires of that Countrey for his better disposinge and p̳ceedinge in the government thereof §accordinge§ to the authority and power giuen vnto vs by by virtue of his Maties lr̃es Patents:

1

• Hauinge considered the greate sufficiency and zealous affecc̃on wch you Sr Thomas Gates haue many waies manifested vnto vs, and hauinge therefore by our Commission vnder or handℯ and seales constituted and ordayned you to be the governor of Virginia, wee his Matie Counsell for that plantac̃on, haue consulted and advised vppon diuers instrucc̃ons for yor safer and more delib̴ate p'ceedinge, therein, And therefore doe requier and charge §you§ accordinge to the Comission in that behalf Directed vnto you, presently with all convenient speede to take the charge and of our fleete Consistinge of eight good shippes and one Pinnace and of sixe hundred land men to be transported vnder yor Com̃aund, and with the first winde to sett sayle for virginia. And in yor passage thither you shall not land nor touch any of §the Kinge of§ Spaines his Dominions quetly possessed, without the leaue or licence of the governor of such place as you shal by accident or contrary windes, be forced into. You shall also hold Counsell with the Mrs and Pilotts and men of the best experience what way is safest and fittest for you to take, because we hold it daungerous that you should keepe ye old Course of Dominico and Meins lest you fall into ye hand of the Spaniard, who may attend in that roade [176] ready to intercept you:

  e of .8. nace d men

2

• When it shall please god that you shall haue safely attayned the Kings River, and our Porte and seate of James Towne in Virginia, wee advise you to call §by§ proclamac̃on into some publique place, all the governors, officers, and other his Maties subiects aswell already seated there as transported with you, to whom you shall cause yor Commission to be directly reade, whereby significac̃on may be had of his Maties pleasure in establishinge you ye governor of that Countrey and plantac̃on, and the president Councell and Colony there may take notice of the revocac̃on of that fourme of governement by the first ɫres Patents constituted and Con- firmed, and accordingly yeald due obedience vnto you their governor

  Kings river James Towne Porte.

  Proclamation

  President & Coñ- sel

3

• You shall demaund then and resume into yor hands the former ɫres Pattents and all instrucc̃ons & publique instruments giuen or sent vnto them and all bookes and records whatsoeuer of ye generall p̳ceedings vntill this time, and dispose of them in the future accordinge to yor discrec̃on.

4

• Beinge setled in yor governement, you shall call vnto you, for yor further advise and grauer p̳ceedinge, their principall officers and gentle- men whom we do ordaine and appointe to be of ye coũcell and who for earliness of their vndertakingℯ and their greate paines and merits doe well deserue this honor & respect from vs. Sr George Sum̃ers knight and Admirall of Virginia, Captaine John Smyth nowe President, Captaine John Radclif, Captaine Peter winne Seiriant maior of the fort, Mr Mathewe Scrivenor whom out of our good experience of his abilities in that kinde we doe name and appointe to be secretary of that Councell, Captaine John Martine Captaine Richard Waldoe, Mr of the workes [177] Captaine Woode and Mr Fleetwoode whom we assure ourselves you will vse with all good respecte in their places and to whome wee expecte that you shall giue such other preferrements as their former paines have deserued, and in all matters of importance we require you to call them to consultac̃on and to p̳ceede therein wth their advice, and wee doe giue further power and authority to you, to giue the Oathe of a Counsellor to such as are now named, or any other oathe in the like case, accordinge to yor direcc̃on. Provided that they shall not haue, single nor together, anie bindinge or negatiue voice or power vppon yor conclusions but doe giue you full authority, vppon iust occasion to sequester any of them from the execuc̃on of any place whatsoeuer, and to depute another thereunto vntill significac̃on vnto vs be here made:

  officers Councel of Vir- gin: in Virginia

  Admiral of Vir- ginia

  Secretary of ye coñcel

  Mr of the workes

  Oth of a counsel- our others.

5

• You shall haue power and authority to dispose and graunte any other officer or Com̃aunds whatsoeuer, either of governement or warr except such as are already disposed of by vs to any p̱sons of Rancke or merite (Adventurers beingℯ first regarded), accordinge to yor discrec̃on and so discharge or revoke the same or to sequester any so made or constituted by vs.

  offices of governe- mt, or warre.

6

• You shall take principall order and Care for the true and reverent wor- ship of god that his worde be duely preached and his holy sacraments administred accordinge to ye constituc̃ons of the Church of England in all fundamentall pointes, and his ministers had in due observance and respecte agreeable to the dignity of their callinge. And that all Atheisme Prophanes Popery of or Schisme be exemplarily punished to the honor of god and to the peace and safety of his Church, over wch, in this tendernes and infancy, you must be especially solicitous & watchefull.

  Divine worship

  Prophanes Schisme

7

• You shall, with all p̳pensenes and diligence, endeavour the conversion of the natiues to the knowledge and worship of the true §god§ of and their redeemer Christ Jesus, as the most pious and noble end of this [178] plantac̃on, wch the better to effect you must p̳cure from them some con- venient nomber of their Children to be brought vp in yor language, and manners, and if you finde it convenient, we thinke it reasonable you first remoue from them their Iniocasockes or Priestes by a surprise of them all and detayninge them prisoners, for they are so wrapped vp in the fogge and miserie of their iniquity, and so tirrified with their continuall iniquity tirrany Chayned vnder the bond of Deathe vnto the Divell that while they liue amounge them to poyson and infecte them their mio mindes, you shall neuer make any greate progres into this glorious worke, nor haue any Civill peace or concurre with them. And in case of necessity, or conveniency, we p̳nounce it not crueltie nor breache of Charity to deale more sharpely with them and to p̳ceede even to dache with these murtherers of Soules and sacrificers of gods images to the Divill referringe the considerac̃on of this as a waighty matter of important consequence to the Circumstances of the busines and place in yor discrec̃on

  Conversion of Vir- ginians

  Education of Chil- dren

  Iniocasock preestes

8.

• You shall for capitall and Criminal Iustice in Case of Rebellion and mutiny and in all such cases of p̳ñt necessity, p̳ceede by Martiall lawe accordinge to yor comission as of most dispatch and terror and fittest for this governement and in all other causes of that nature as also in all matters of Civill Iustice you shall finde it p̳perest and vsefullest for yor governement to p̳ceede rather as a Chauncelor then as a Iudge rather vppon the naturall right and equity then vppon the nicenes §and ɫre§ of the lawe wch perplexeth in this tender body) rather then dispatcheth all Causes so that a Sum̃ary and arbitrary way of Iustice discreetely mingled with those gravities and [fourmes] of magistracy as shall in yor discrec̃on seeme aptest for you and that place, wilbe of most vse both for expedic̃on and for example:

  Martial lawe

  Lawes Natural right

[179] 9

• You shall for the more regard and respect of yor place, to begett reverence to yor authority, and to refresh their mindes that obey the gravity of those lawes vnder wch they were borne, at yor discrec̃on vse such fourmes and Ensignes of governement as by our letters Pattents wee are enabled to grant vnto you. as also the attendance of a guarde vppon your p̱son, and in all such like cases you shall haue power to make, adde or distinguishe any lawes or ordinances at yor discrec̃on accordinge to the authority limited in yor Comission.

  Garde for the Governors p̱son

  Ordinances.

10

• You shall, for the place choice of plantac̃ons obserue two generall rulles that you rather seeke to to the sũn then from it, wch is vnder god the first cause both of health and Riches. And that also §such§ places wch you resolue to build and inhabite vppon, haue at the leaste one good outlett into the Sea, & fresh water to the land, that it be a dry and whol wholesome earth, and as free from woode as possiblie you may, whereby you may haue Roome to discouer aboute you and vnshady ground to plant, nere you

  Place where to plant

11

• You must in euery plantac̃on principally p̳vide of yor owne a Com̃on Graunge and Storehowse of Corne, besides that wch you shall obtaine by tribute or trade with the natiues:

  Granges or Storehowse Tribute

12

• In the distribuc̃on of yor men accordinge to these advises and relac̃ons wch wee haue receaued, we advise you to continue the Plantac̃on at James Towne with a Convenient nomber of men, but not as yor situac̃on or Citty, because the place is vnwholsome and but in the Marish of Virginia, and to keepe it onely as a fitt porte for yor Shippes to ride before to ariue and vnlade att, butt neither shall you make it yor principall Storehowse or Magazin either of armes victualls or goods, but because but because it is so accessable, with shippinge that an enemy may be easily vppon you with all the provision and §of§ ordinance and munic̃on and it is not to be expected that anie fortificac̃on [180] there can endure an enemy that hath the leasure to sitt downe before yt:

  James Towne

  Magazine

13

• The place you chose for yor principall Residence and seate to haue yor Catle p̳visions of Corne foode and Magazin of other munic̃on in, as yor greatest strength trust and retraite, must be remoued some good distance from any navigable riuer except with small boates by wch no enemy shall dare to seeke yor habitac̃on and if in this place some good and fortificac̃on be made to wch no ordinance can be brought by water, if you be p̳vided of victuall you may dispute possession till a straunger be wearied and starved.

14

• Aboue the ouer falles of the Kinges Riuer it is likely you shall finde some convenient place to this purpose whither no enemy with ease can approache nor with ordinance at all but by land wth at howe greate dis- advauntage he shall seeke when [he] must discouer and fight at once vppon straightes in woodes at foordes and places of all inconveniency, is easy to be considered, besides you shall haue the com̃odity of the braunche of the Riuer to bringe downe your p̳visions from within the land in Canooes and smalle boates in the Riuer of of Chechehounnack [or Cheche- hommack], neere vnto you and not farre of another navagable outlett into the sea by the Riuer of Pamaouke:

  The falles of the Kings river

  chechehounnak river

  Pamaouke river

15

• Foure dayes Journey from yor forte Southewards is a towne called Chonahorn Ohonahorn seated where the Riuer of Choanocki devideth it self into three braunches and falleth into the sea of Rawnocke in thirtie fiue degrees this place if you seeke by Indian guides from James forte to Winocke by water, from thence to Manqueocke, some twenty miles from thence to Caththega, as much and from thence to Oconahoen you shall finde a braue and [181] fruiteful seate euery way vnaccessable by a straunger enemy, much more abundant in Pochon and in the grasse silke called Cour del Cherva and in vines, then any p̱te of this land knowne vnto vs Here we suppose, if you make yor principall and cheife seate, you shall doe most safely and Richely because you are in the part of §the§ land inclined to the southe, and two of the best riuers will supply you, besides you are neere to Riche Copper mines of Ritanoc and may passe them by one braunche of this Riuer, and by another Peccarecamicke where you shall finde foure of the englishe aliue, left by Sr Walter Rawely wch escaped from the slaughter of Powhaton of Roanocke, vppon the first arrivall of our Colonie, and liue vnder the protecc̃on of a wiroane called Gepanocon enemy to Powhaton, by whose consent you shall neuer recouer them, one of these were worth much labour, and if you finde them not, yet seach into this Countrey it is more p̳bable then towards the north.

  Ohonahoen, chief seate

  Choanock river Rawnocke Winocke

  Manqueocke Cuthega Oconahoen

  Pochon Silke grase vines

  Copp' mines Ritanoc Peccarecamicke

  Powhaton Roanocke

  Gepanocon a wi- roane

16

• These three habitac̃ons seeme enoughe for the nomb̴ of the people nowe transported, ouer euery one of wch you must trans appointe a dis- creete Com̃aunder that shall sett yor men to seuerall workes accordinge to their vndertakings in the bookes by wch they were receaued in euery one of these there must be builte a Church and a storehowse and a p̱te of land sett out for Corne for the publique and some allotted to the Care of manuringe and preparinge thereof In buildinge yor towns you shall as easily keepe Decorũ and order as confusion and so you shall prepare for ornament and safety at once for euery streete may answere one another and all of them the markett place or Storehowse in the Midle wch at the leaste must be paved and made firme and Dry:

  Three places of habitation

  Churche Storehowse

  Buildinge townes

[182] 17

• Yor enemies can be but of two sortes straungers and natiues, for the first yor defence must be vppon advauntage of the place and way vnto it for fortes haue no other vse but that a fewe men may defend and dispute their footinge with them against a greater nomb̴ and to winne time weh if you can do a stranger cannot longe abide where he must bringe all his releis with him, and he shall haue no way to beseidge you but by blockinge you in and plantinge betweene you and the Sea to wch if you haue two outeletts he must be very able and powerfull that can do it, to prevent this you shall build some small forte that may discry the sea neere Cape Comforte, and there hold a reasonable Garrison and keepe alwaies watch and longe boate that may be ready to take ye alarũ and able to cary away or men, and munition if you shall not be able to defend it. Besides it is not safe to lett any of the Savages dwell betwene you and the Sea— least they be made guides to yor enemies. To this Com̃aunde wee desire Captaine Smyth may be allotted aswell for his earnest desire as the greate confidence & trust that we haue in his care & diligence.

  Enemies. Strangers

  Small fortes Cape comforte

18

• The second enemy is the Natiues who can no way hurte you but by fire or by destroyinge yor Catle, or hinderinge yor workes by Stealth or yor passages in small nombers, and in this sorte of warr, there is most p̱ill yf you be not very Carefull, for if they may destroy but one haruest or burne yor townes in the night they will leaue you naked and exposed to famine and Could, and convey themselues [183] into wodes, where revenge wilbe §as§ difficult as vnnecessay as vnnecessary to prevent that you must keepe good watches in the fielde and suffer none of them to come nere yor corne in those daungerous seasons and continuall centinells without the walles or vttermost Centinells defences in the night, and you must giue order that yor Catle be kept in heards waited and attended on by some small watch or so enclosed by them selues that they destroy not yor corne and other seed provisions:

  Watches

  Catle kept in heardes

19

• For Powhaton and his Weroances it is Clere even to reason beside our experience that he loued not our neigbourhood and therefore you may no way trust him, but if you finde it not best to make him yor prisoner yet you must make him yor tributary, and all other his weroances about him first to acknowledge no other Lord but Kinge James, and so we shall free them all from the Tirrany of Powhaton    1

  Space in the manuscript.

  vppon them Euery Lord of a Province shall pay you and send you into yor forte where you make yor Cheif residence so many measures of Corne at euery Harvest, soe many basketts of Dye so many dozens of skins so many of his people to worke weekely, and of euery thinge somewhat, accordinge to his p̳porc̃on in greatenes of Territory and men, by wch meanes you shall quietly drawe to yor selues an annuall revennue of euery Com̃odity growinge in that Countrey and tribute this tribute payd to you for wch you shall deliuer them from the exeac̃ons of Powhaton, wch are now burdensome and p̳tect and defend them from all their enemies shall also be a meanes of Clearinge much ground of wood and of reducing them to laboure and trade seinge §for§ this rent onely, they shall enioye [184] their howses, and the rest of their travell quietly and many other com̃odities and blessings of wch they are yet insensible:

  Powhaton Weroances

  Tributary

  Corne Dy Skyns

20

• Yf you hope to winne them and to p̳vide for yor selues by trade, you wilbe deceaued for already yor Copper is embased by yor abundance and neglect of prisinge it, and they will never feede you but for feare. Wherefore if you p̱ceaue that they vppon yor landinge, fly vp into the Countrey and forsake their habitac̃on you must seise into yor custody half there corne and harvest and their Weroances and all other their knowne successors at once whom if you intreate well and educate those wch are younge and to succeede in the governement in yor Manners and Religion, their people will easily obey you and become in time Civill and Christian:

  Copp̱ valew abated

  Weroances.

21

• Yf you make freindeship with any of these nations, as you must doe, Choose to doe it with those that are farthest from you and enemies vnto those amonge whom you dwell for you shall haue least occasion to haue differences with them, and by that meanes a suerer league of Amity And you shalbe suerer of their trade p̱tely for Covetousnes and to serue their owne ends, where the Copper is yett in his primary estimac̃on wch Pohaton hath hitherto engrossed and partely for feare of Constrainte. Monocon to the east and head of our Riuer, Powhatons enemy and the Manahockes to ye Northeast to the head of the Riuer of Moyompo in the necke of the land to the west betweene our bay and the sea. Cathcata- peiũs [185] a greater Weroance then he is, also his enemy to the Southeast and South. he hath no freinde to the North. The Masawoymekes make [con]tin continuall incursions vppon him and and vppon all those that inhabite the Riuers of Bolus and Myomps and to the Northwest. Poco Pocoughtuwonough infecteth him with a Terrible warr, with those you may hold trade and freindeship good Cheape for their emotenes will prevent all offence wch must needes happen betweene vs and them wch we are mingled with to the north. at the head Bay is a large towne where is store of Copper and Furres called Oatna Cataaneon that trade and discouery wilbe to greate purpose, yf it may be setled yearely:

  Monocon Manahocke Moyompe river Cathcatapeins.

22

• Such trade as you shall finde necessary or p̳fitable for you with the Indians you shall endeauour to drawe them to seeke of you and to bringe their Com̃odities into yor forte wch will greatly ease the imployment of many men, and this you may bringe to passe by seeminge to make litle estimac̃on of trade with them, and by pretendinge to be so able to consist within yor. selues as that you neede care for nothinge of theires, but rather that you doe them a Curtesy to spare such necessaries as they want as leetle Iron tooles or copper or the like such as are conven't convenient for traffique and so one officer or two in euery forte, whom you must onely appointe to be truncmasters may dispatch the whole busines of trade wch els will cost you many mens laboures, if you seeke it far from home. And by besides these you must by proclamac̃on or edicte publiquely affixed and prohibite and forbidd vppon paine of punishement of yor discrec̃on all other p̱sons to trade or exchange for [186] for anythinge, but such as shalbe necessarie for foode or clothinge and vppon all such com̃odities of yors as shall passe away from you whatsoeuer you must sett prises and values vnder wch the trunckemr must not trade and so you shalbe such to vphold the reputac̃on of yor Com̃odity and to make yor traffique Rich, desired and Certaine Ouer this Truncemr. there must be appointed a Cape merhant Cape m'chant or officer belonginge to the Store or provision house that must deliuer by booke all such thinges as shalbe allowed for trade and receaue and take an accounte of whatsoeuer is retourned accordinge to the prises therein sett and so beinge booked must store them vp, to the publique vse of the Colony

23

• You must constitute and declare some sharpe lawe with a penaltie thereon to restrayne the trade of any p̳hibited goods especially of Swordes, Pikeheads gunnes Daggers or any thinge of Iron that may be turned against you and in case of such offence punishe severely haue also especially regard that no arte or trade tendinge to armes in any wise as Smythey Carpentry of or such like be taught the Savages or vsed in their Presence as they may learne therein:

24

• Hauinge deduced yor Colony into Severall seates and plantac̃ons that may com̃odiously answere and receiue one another you must devide yor people into tennes twenties & so vpwards, to euery necessary worke a competent nomber, ouer euery one of wch you must appointe some man of Care and still in that worke to ouersee them and to take dayly accounte of their laboures and you must ordayne yt euery ouerseer of such a nomb̴ of workemen Deliuer once a weeke an accounte of the wholle com̃itted to his Charge the [187] Cheife Governor or Captaine of the fourte, and that they also once a moneth make the like accounte to you or yor officer and that such goodes or provisions as are advanced or gotten aboue expence may be receaued and entred into the Capemarchantes booke and so stored and preserued to the publique vse of the Colony And thus you shall both knowe howe yor men are imployed, what they gett & where it is, as also the measure of yor p̳vision and wealth:

25

• For such of yor men as doe shall attend any worke in or nere aboute any §euery§ towne you shall doe best to lett them eate together at season- able howers in some publique place beinge messed by sixe or fiue to a messe, in wch you must see there bee equality and sufficient that so they may come and retourne to their worke without any delay and haue no cause to complaine of measure or to excuse their [i]dlenes vppon ye dressinge or want of diett. You may well allowe them three howers in a somers day and two in the winter, and shall call them together by Ringinge of a Bell and by the same worne them againe to worke for such as attend any labouer so farre from the forte as they cannot returne at seasonable times there must be a Steward appointed yt shall ouersee there Diett and p̳vision els thoughe you giue euery one a reasonable allowance for many dayes some will eate two meales at one & soe:

26

• You shall giue especiall order to ye Cheif comm̃aunder of euery forte that the Armes powder and munition be well stored and looked into and that the men be disposed into severall Companies for warr and Captaines appointed ouer euery fifty to traine them at convenient times and to teache them the vse of their armes and weapons and they may knowe whether vppon all occasions and sudden attempts they shall repayre to find them in a readines:

[188] 27

• You must take especiall care what relac̃ons come into England and what ɫres are written and that all thinges of that nature may be boxed vp and sealed and sent to first to the Councell here accordinge to a former instrucc̃on vnto the late President in that behalf directed and that at the ariuall and retourne of euery shippinge you endeauour to knowe all the p̱ticuler passages and informac̃ons giuen on both sides and to advertise vs accordingly:

28

• Whensoeuer you consult of any busines of importance wee advise you to consider and deliberate all thinges patiently & willingly and to heare euery man his oppinion and obiecc̃on, but the resultants out of them or yor owne Determinac̃on what you intend to Doe not to imparte to any whatsoeuer, but to such onely as shall execute it and to them also vnder the sealle of yor com̃aundement and but at the instant of their p̱tinge from you or the execuc̃on of yor will:

29

• Next after buildinge, husbandry and manuringe the Countrey for the p̳vision of life and conveniency, wee comend vnto yor Care foure principall waies of enrichinge the Colonies and p̳vidinge retvrne of com̃odyty of wch you must be very solicitouse that our fleetes come not home empty nor laden wth vseles marchandize. The first is either discou9y either of the southe seas or Royall mines in the search of both wch we must referre you to the Circumstances of yor peace and yor owne discrec̃on the second is trade whereby you recouer all the com̃odities of those countreys that ly far of and yet are accessable by water. The third is tribute, by wch you shall advaunce p̱te of what soeuer the next lande can p̳vide you Can p̳duce. the fourth is labour of yor owne men in makinge wines pitche Tarre sope ashes, Steele Iron Pipestaues in sowinge of hempe and flaxe in gatheringe silke of the grasse, and p̳vidinge [189] the worme and in fishinge for Pearle Codd sturgion and such like:

30

• Wee require you to call before you Captaine John Radcliffe and one 1

  A blank space in manuscript.

  webbe who hath complained by petic̃on Deliuered vnto you of diuers iniuries and insolences done vnto him in the governement of the sd̴ Captaine Radcliffe and accordingly to heare the cause and doe iustice in it as you shall finde reason in it yor owne discrec̃on:

31

• Whereas suite hath bine made vnto vs as for the retourne of Richard Potts, Dauid Wiffin and Post Ginnet and sufficient reasons declared to moue vs to graunte the same wch hath bine agreed vnto by the Councell assembled, wee require you to giue them their licence to come backe by the next shippinge wth such condic̃ons or limitac̃ons of retorne or other- wise as you shall thinke good:

32

• Whereas Petic̃on hath bine made by the friends of John Tavernor Capemarchant of the forte and store in Virginia for his retorne vppon some vrgent occasion and for some time into england we require you to licence him so to do if it be his desire when you ariue there, And we do nominate and appointe Thomas Wittingham into his Roome and office beinge one in whose sufficiency and honesty we haue greate Confidence:

33

• There beinge one George Liste servant to John woodall and sent ouer by him with a Chest of Cheurgery sufficiently furnished we require you to giue yor licence to will͠m wilson his fellowe yf the said George Liste doe stay with you to come backe in this passage the better to enfourme vs what medicines and drugges are fittest to be p̳vided for the vse of the colonie against ye next supply.

34

• You shall be very wary of grtinge freedomes and of giuinge yor sealle to any but vppon good considerac̃on and greate merite, least you make Cheape the [190] best way of our recompence and in those you doe you shall giue wth such limitac̃ons of retorne in reasonable time as in yor discrec̃on shall seeme good:

35

• If it shall please god that you should dy either in yor way or in yor governement (wch his mercy forbid) before other order be taken by vs therein wee requier and com̃aund that the councell there established open a blacke boxe Marked with the figure of one and sealed with our sealle wherein they shall finde our determinac̃on concerninge the successor to the governemt. And do in his Maties name, Charge and Com̃aund euery p̱son within the precincte of the Colony to giue and yeild due obedience to him so named and appointed accordinge vnto his Com̃ission vnto him directed as they will aunswere to ye contrary at their vttermost p̱ill:

36

• Wee also requier you ye present governor & all yor successors to keepe secret to yor selues vnsealed and vnbroken vp all such ɫres schedules and instrumts and whatsoeuer wee shall deliuer you soe vnder our sealle especially two blacke boxes wth diuers markes wherein are our Com̃issions in Cases of death or other vacac̃on of ye governor vntill such time as you shall find yor self vnlikely to liue, or determined to retvrne vppon wch occasions wee requier you that they be deliuered before all ye Councell to be opened successiuely after such death or dep̱ture out of Virginia of any Governor:

Provided yt in all thinges herein contayned except onely ye succession wee doe by these our ɫres instrucc̃ons binde you to nothinge so strictely but yt vppon due considerac̃on and good reason and vppon diuers circum- stances of time and place wherein we cañot here conclude you may in yor discrec̃on dep̱te and Dissent from them and alter Change alter and or establishe d execute and doe all ordinances or acts whatsoeuer that may best conducte to ye glory of god, the honor of our Kinge and nation to ye good and p̱fect establishement of our Colony Geven vnder our hands and seales councell sealle the 1

Blank space in manuscript.

[201] Instructions orders and constituc̃ons by way of advise sett downe declared p̳pound and deliu9ed to the right hoble Sr Thomas West knight Lo: La Warr 2

The commission to Lord La Warr bears the date 28 February, 1609.

We the said Councell havinge Considered the great & zealous affecc̃on wch you Sr Thomas West knight Lo: Lawarr haue many wayes mani- fested vnto vs and for the furtherance and advaunceinge of the plantac̃on of Virginea haue therefore by or Com̃ission vnder the handes of some of vs Constituted you to be Lord gou9nor and Captaine gen9all of Virginea and for yor more safe and Delib̴ate p̳ceedinge in your gou9mt there; haue advised Constituted & agreed vppon divers instructions followinge vĩzt

1.

• First we require yor lop to take into yor charge our Fleete consistinge of three good Shippes wth the Masters Marin9s saylors and one hundred and fyftie landmen goinge in them to be transported vnder yor Com̃aund wth what speed Conveniently you maye vnto Virginea and wth the first winde to sett sayle for that place and in yor passage thither not to lande or touche vppon anye of the kinge of Spaine his Dominions by him quietly possessed wthout the Licence of the gou9nour of Such place [203] first obtayned, vnles by necessitie of winde and weather you shalbe forced thereunto in wch passage you shall holde Councell wth the Masters Pylates and men of best experience what way is safest and fitt for you to take for your arrivinge in Virginea

2.

• Yor. Lopps beinge landed there, we wishe you should (wth what con- venientcy you may by proclamac̃on made) call To into some publique place all the governors officers and other his Maties Subiects aswell already seated there as transported wth you, to whom you shall manifest your Comission and cause yt to be publiquely read to them to the end his Maties pleasure may be knowne as alsoe as our Choise in establishinge yor Lopp gou9nor of Virginea, and of the plantac̃on there And that the President Counsell and Colony there may take notice of or revocac̃on of all form9 kindℯ and formes of gou9mt constituted or confirmed and that they accordingely may yeild due obedience vnto you theire Lord gou9nor and Captaine gen9rall att wch tyme we holde yt fitt you tender vnto eu9y of them the oath of supremacy to be by them taken whereby they shall manifest theire obedience and loyaltie to his Matie and you thereby the better assured of theire fidelities as alsoe to be the rather encouraged to Comitt matter of Counsell and Charge vnto them Att wch tyme alsoe yor Lopp shall in our opinions doe well to give gen9all opinions Com̃aundemt that all form9 private or publique Quarels, greiv- ancs or grudgs be from thenceforth from amongest them vtterly abban- doned and forgotten and they willingly embrace peace and love as be- com̃eth xp̃ians wthout discention or hindrance to the com̃on good or quiet.

3.

• Moreover yor Lopp shall demaunde and resume into yor hands all form9 Com̃issions all and all instructions and publique instrumts given or sent vnto them and all bookes and records whatsoever of all the p̳ceedings vntill this tyme and dispose of all theire offices and [204] places in the future accordinge to your discretion except the office of Leiuetenñte gou9nor wch yor Lop is by yor Com̃ission to bestowe vpon Sr Thomas Gates yf he shalbe there to execute the same and office of Marshall vppon Sr Thomas Dale at this Cominge thither, and the office of Admirall vp̃on Sr George Sũm9s yf he shalbe there and the office of Viceadmirall vp̃on Capten Newport he beinge there to supplye the said place.

4.

• Your Shippes beinge discharged of theire p̳vision we wishe that they the Seamen and soe manie others as shalbe needfull for that worke be wth what Convenient speed you may employed to theire fyshinge for Sturgeons and other fish wch done we desier yor Lop should make vp the residue of theire fraight wth divers of the best seu9all Patternes of the land Com̃odities that you can gett there havinge regarde more to the goodnes and qualitie of them then to the quantity and to retorne the said shippes for England wth as quick dispatch as you may for easinge of the Companie of Adventurers of the charge both of wages of the said Shippes Seamen and victualls wch they must be att vntill they retorne.

5.

• After yor Lop is settled in yor gou9nemt we thinke it very behofefull that you employ soe many of your people as shalbe needfull in sowing setting and plantinge of Corne and such rootes for foode as you for yor better p̳vision Sustentac̃on and maintenñce shall thinke meete to be planted.

6.

• As touchinge yor landmen we thinke fitt yor Lop should reduce them all into seu9all bandes and companies of Fyfties or more when you thinke good and to Com̃itt the charge of them to seu9all officers and Captaines to be exercised and trayned vp in Martiall manner and warlike Discipline.

7.

• Yor Lop is to take principall order and care for the true worship and service of god as by havinge the gospell preched frequent prayers and the sacramts often administred as becom̃eth x̃pians And that such yor Mynisters and preachers as shalbe wth you be had in due respect agreable to theire dignitie and callinge and that yor Lop wth the Counsell of yor said prechers and Mynisters doe as occasion shall force be offered p̳ceede in punishinge of all Atheisme p̳phanisme popery and Scisme by exemplary punishmt to the honor of god and to the peace and safety of his Church over wch in this tendernes and infancy yor Lop must be especially solicitous and watchfull.

[205] 8.

• Yt is very expedient that your Lop wth all diligence indeavor the conu9sion of the natiues and savages to the knowledge and worship of the true god and theire redem9 Christ Iesus as the most pious and noble end of this plantac̃on wch the better to effecte you are to procure from them some of theire Children to be brought vp in or language and mann9s and yf you finde yt Convenient we thinke yt necesserie you first remove from them the Iniococks or priests by a surprise of them and detayninge them prisoners and in case they shalbe willfull and obstinate then to send over some three or foure of them into England we may endevor theire Conu9sion here.

9.

• We holde yt requisite that yor Lop in causes of Ciuill Iustice p̳ceede rather as a Counsellor then as a Iudge that is to saie rather vppon the right and equitie of the thinge in demaunde then vp̃on the nicenes and letter of the lawe, wch p̱plexeth in this tender body rather then dispatcheth Causes. Soe that a Sum̃ary and arbitrary way of Iustice mingled wth discreet formes of Magistracy as shall in your discretion seeme aptest for yor Lop to exercise in that place wilbe of most vse both for expedic̃on and example and for Criminall Causes you are to deale therein according to yor Comission and good discretion.

10

• That yor Lop doe not p̱mitt any Shippe or vessell to trade or traffique wthin yor precincte to Carrye from thence any Com̃odities or Marchandizes wthout Warrant brought you or sent to yor Lop from the Councell for the Companie of Adventurers vnder the Councell Seale.

11.

• We doe require Yor Lop that wth what possible speed and conveniency you may after you are setled you appointe a Convenient number wth guides and some discreete Com̃aunder to discou9 Northwest South and Southwest beyonde the faulls ten or twelve dayes Iourney and that assone as may be Yor Lop send vnto vs the Narrac̃on of that voyage what rivers lakes or seas they finde or here of wth the circũstanc there §vn§ to belonginge.

12

• Yf Sr Thomas Gates be there arived and Sr George Som̃ers and Capten Newport or any of them that your Lop doe give vnto Sr Tho: Gates the place or office of Leiuetenñt gou9nor to yor Lop duringe the tyme of your Lop and his abode there together and in yor Lops absence he beinge there to be your Deputy and Cheif gen9all and Com̃aunder of the whole Colonye and & companie and to rule and governe according to suche instructions as your Lop shall lymitt and appointe him and that Sr George Som̃ers may haue the office of Cheif Admirall vnder yor Lop and [206] that Sr Ferdinando Weyneman may haue the office of Cheif Mr of the Ordinance, and that Capten Newport may haue the office of Viceadmirall vnto yor Lopp.

13.

• Your Lop must take especiall care what relac̃ons come into England and what ɫres are written & that all things of that nature may be boxed vp and sealed and sent first to the Counsell here accordinge to a former instruction vnto the late Gou9nor in that behalf directed and that att the ar̃ivall and retorne of eu9y Shippinge you endeavor to knowe all the p̱ticuler passages and informac̃ons given on both sides and to adu9tise vs accordingly.

14.

• Last of all for temporall govermt & perticuler proceedinge in your plantac̃on in respect of the shortnes of tyme we com̃ende vnto your Lop the copie of some of the cheifest of the old instrucc̃ons before menc̃oned to haue bene formerly deliu9ed to Sr Tho: Gates to be vsed or refused as you shall in yor wisdome thinke fitt neither is or meanes to tye your Lop to the stricte p̱fourmance of theis newe instructions but as occasion of tyme place or necessetie shall requir your Lop may doe therein as shall seeme best in your owne discretion. Southampton, Pembroke, Phil: Mountgom9y, Edw: Cecyll. Waltr Cope. Dudly Diggs, Will Rumney, Tho: Smyth, Rob̴t Drewrye, Rob̴t Maunsell, Baptist Hicks. Xr̃ofer Brooke.

The Copie of the old instrucc̃ons wch were form9ly wth others deliu9ed to Sr Thomas Gates knt att his goinge to virginea for his direcc̃on in his govermt there, and nowe are by vs his Mats Counsell for the companie of Adventurers for Virginea given to the right hoble the Lo: La Warr to looke into and advise on and at his discretion to vse or forbeare to put them in execuc̃on

Such of the old instructions wch were formerly given to Sr Tho: Gates knight and nowe deliu9ed to the Lo: La Warre beginne att att the nynth instrucc̃on in the articles in thi booke wch by Waye of advise were sett down to the said Sr. Thomas Gates and soe are written ontill you come to the thirtith instrucc̃on wch 30th. 31. 32. & 33. instructions are not given his Lop but the 34th is given him but not the 35. nor 36. but the effect of the provisoe followinge is given.

Honoble Sr vp̃on the returne of the last Fleete of Shipps wch brought my Lord La Warr (our Lord Governour & Captaine Generall,) into this Countrie; I did not not forbeare to challenge yor noble patience Wth reading vnworthy & fruitles Lines, & although at this p̢sent I am little or nothing better furnished wth any matter of valew, either for discovery of Mynes, or ought els worth your Knowledge, yet when I consider yor many and noble favours towards me (wch when I forgett to acknowledge, let me for ever be putt out of yor remembrance) I thought good to wright something, if but thereby to p̢serve my humble service in yor honovred memory.

For the p̢sent state & condic̃on of this Countrie, it wants only Sup- portes, round & free supplies, both of men & moneyes, to make good the mayne & p̳fitable endes of a moste happy plantation. Concerning the Countrie & the soile thereof, wee finde it fertile & full of encrease, bringing forth goodly Corne, many kinde of Fruites, naturall Vines & quickly rendring vs our owne Countrie seedes, & Rootes wch wee bury therein, as prosperous & unchangeable for tast and quantitie as England it selfe For these Com̃odities of pitch & tarr Soape ashases, Wood Iron &c. most true it is Noble Sr, that there they bee most plentifully to bee returned home, if soe bee it the meanes & skilfull workemen together wth fitt p̳visions for those Labourers (vntill the Colour may quitt some of theis Charges, by planting their owne Vines, sowing their owne Corne, & broodinge their owne Cattaile, Kine, Swine, Goates &c. wch would shortly be, & had bin ere this, had the Governmt bin carefully & honestly estab- lished & carried here theis 3 yeres passed) may be provided & sent over to worke in those businesses.

For the opening & finding out of Silver or gold wee have now probable Intelligence to be brought vnto: for wch Cause our Lord Governour hath gathered together most of his Choysest men & intendeth a voyadge forthwth vp vnto a famous fall or Cataract of Waters, where leaving his pinasses & Boates safe riding, he purposeth to Leade vs vp into the Land called the Monocane 2 or 3 dayes Iourney, where at the foote of certaine mountaines hee meaneth to build a Forte, & there to wynter some of his people, who shall every day digg at those mynes, & though they prove not according to §or§ expectation, yet wee have lost nothing but our Labour, wth this advantage neverthelesse that wee shall have a redoubt & some of our men in it, against the next springe, when his Lp̃ intendeth to martch that way something more southerly for the finding out the South Sea.

Wee have some hope also by a Westerly Trade thorough a faire & goodly Bay lying in the height of 382 (some 30 leagues from our owne Bay) newly discovered since his Lp̃'s com̃ing heither, from whence wee p̳mise our selues many commodities both of fish from the Bay, for our Colour, and from the tractable Indians of that place (of whome wee have made already some tryall) both Corne, furres &c.

And (Honoble Sr) I have by theis few yet troublesome Lines given you the accompt & truth of what wee know and purpose concerning this his Maties Countrie & newe Kingdome, as further passages herein (materiall & worthy yor Knowledge) shall occure & bee offred vnto vs, I will prsume to addresse them vnto you, ever vowing myselfe in the vtmost of my endeavoures to doe you service, I kisse yor Honoured Hand. In Virginia dated at James Towne this xviijth of November, 1610,

At yor Com̃aundemt George Yardly To the Honoble Sr Henry Peyton Knight at his House in the Blackfryers or els where Yeave these London

Transcript by Maj. C. A. Markham, of Northampton.

Sir Having addressed latelye or Lrs to the Coronells and othr cheife Com̃aunders of the Englishe in those Netherland partes for the advauncing of the woor[t]hie enterprise of planting Coloneyes of or Natyon in the fruitfull and rich Countrye of Virginia, and to drawe them into socyetye of yt Action, and consequently to contrybuc̃on towardes the charge hereof: We have thought fitt not onelye to offer or selves to yor Lp: in like sorte, but in regard of yor place also, and personale woorth and sufficyency, to pray yor best assistance in forwarding the same among those Noble and woorthie gens vnto whom we have by or L̃res or other wise recommended it. And for yre better informc̃on, we have sent you herewth a true relac̃on of that business, in a book latelye printed, and published by vs concerning it: And father certefie you that this Actyon having receaved heartofore many disasserous impedymentes for the fa by the factyousnes and insufficyencye of sundrye the Governours and others in Virginia, is now [at] length settled in so good order and forwardnes by the industryous and prudent Goverment of the Lo: La Warre, that we have resolved to second his Lo: wth three important Supplies, Whearof the first we send p̢ntelye one the conduct of Sr Thomas Gates Lievtennt generall, and Sir Tho: Dale Marshall of Virginia, and the rest arre to followe in the two years next ensuing. And according hereunto the Adventurors have also resolved to furnishe out this Charge wth three yearlye Supplyes of Moneye, Some wth 12ll͠ [10] s. a year many other wth doble, and some also wth [tre]ble that 1

Space in the manuscript.

Sr Raphe Winwood Knight.

[Directed:] To oure honorable friend Sr Raphe Winwood Knight Lo. Ambassdor from his Matye wth the States of the vnited Provinces.

[Indorsed, in another hand:] For my La: Winwood.

The recommendation of the plantation of Virginia.

Transcript by Maj. C. A. Markham, of Northampton.

Duke of Buccleuch at Boughton House. Right Honble

 I haue receyed yor Lynes, but and acquainted the Lords, (And the rest of the Councell for Virginia) wth them from we made a member§ (whereof yu are made a member)§ who all do retourne their kind thanks, for yor loue and affecton to this worthie plantation, and for yor readye willingnes to contrybute to the same, the wch I haue receyued to the some of 75li and delyuered a Bill of Aduenture for the same. And we do entreate yor Lo: solicitac̃on, and beste furtheraunce, to styrre vpp ye rest of those worthie c[omma]nders that as we haue the hopes of good successe to be raysed amongst them; so we may enioye the fruites of ther g[ood] wishes in due tyme, to the vphoulding of the most Honble worke, wch now hath nede of the assistaunce of such wor[t]h[i]e spirittes, who desire the enlargmt of Christian religion, to ye glorye of God, and renownne and honr of or King and Englishe Natn

 And thn wishing yu an encrease in all honor. and happynes I rest

Yor Lors euer readye to do Yu seruce Tho: Smythe London Aprilis 1611.

To the right honorable Thomūs Lord Ellesmeere Lord Chauncellor of England.

 Complayning shewen vnto your Lopp your dailie Orators the Treasurer and Companie of Adventurers and Planters of the Citty of London for the first Colonie in Virginia That whereas Diuers of his Maties loving Subiectℯ in the tyme of the late Queene Elizabeth of happie and famous memory did discover and finde out that parte of America Wch was then vppon that first discovery named Virginia in honor of the said late Queene and is nowe generally §called§ and knowne by the same name and did after such discou9y made Continewe from tyme to tyme to plant and inhabitt the said Countrie to there greate Charg and expences vntill the tyme of the gou9ment of our gratious Sou9ainge the Kingℯ Matie that nowe is who being enformed by the said Planters and Adventurers as well of there greate Charge beestowed in that Discou9y and plantac̃on as of the greate Commodities and advantages like to arise vnto his Matie and this Kingdome by the said plantac̃on did by his L̃res-patentℯ vnder the greate Seale of England bearing date at Westmĩster the three and twentieth day of May in the seaventh yeare of his Raigne of England ffraunce and Ireland and of Scotland the two and fortieth for the propagac̃on of Christian Religion and reclayming of people barborous to Civillitie and humanity Give and graunt that they the said Planters and Adventurers and all such and so many as should from tyme to tyme for ever after bee ioyned with them as Planters or Adventurers in the said plantac̃on and there Successors for ever should bee one body pollitique incorporated by the name of the Treasurer and Companie of Adventurers and Planters of the Cittie of London for the first Colonie in Virginia with diuers grauntℯ lib̴ties franchises prheminences priviledges profittℯ and Commodities graunted in and by the said L̃res-patentℯ to the said Treasurer and Com- panie and there Successors for ever as in and by the said L̃res-patentℯ more at large it doth and may appeare. And whereas allso his gratious Maty by other his L̃res-patentℯ vnder the greate Seale of England bearing date at Westm9 the twelveth day of March in the nynth yeare of his Raigne of England ffraunce and Ireland and of Scotland the fyve and fortieth tendring the good and happie successe of the said plantac̃on bothe in regard of the generall weale of humane societie as in respect of the good of his Maty owne estate and Kingdomes and being willing to give furtheraunce vnto all good meanes that might advaunce the benefitt of the said Companie and Wch might secure the safetie of his Subjectℯ planted in the said Colony vnder the favour of God Allmightie and his Mate Roiall power and authoritie did likewise Give graunt and Confirme vnto the said Treasurer and Companie the said Country of Virginia with further extent of ground and Islandℯ adiacent in the said L̃res-patentℯ menc̃oned and graunted togeather with such further priviledges as to his gratious wisdome did seeme Convenient for the advauncing of so noble an acc̃on And his said Matie of his more abundant grace and favour to the said plantac̃on did allso Cause a peculier and sp̃eall Clause to bee inserted in the said ɫres-patentℯ namelie that whereas the failing and non paymt of such som̄es of money as haue beene promised in adventure for the advauncemt of the said plantac̃on hath beene often by exp̱ience found to bee daungerous and pr iudiciall to the same and much to haue hindered the p̳gresse and p̳ceeding of the said plantac̃on and for that it seemed vnto his Matie a thing reasonable that such p̱sons as by there hand-wryting haue engaged themselves for the paymt of there adventures and after- wardℯ neglecting there faith and p̳mise should bee Compellable to make good and keepe the same that therefore his Matiℯ will and pleasure was that in any sute or sutes Commenced or to bee Commenced in any of his Matiℯ Courtℯ at Westm9 or ells where by the said Treasurer and Companie or otherwise against any such p̱son or p̱sons that his Judges for the tyme being bothe in the Courte of Chauncery and at the Common lawe should favour and further the said sutes so farr foorth as lawe and equitie will in any wise suffer and p̱mitt as in and by the said last recited ɫres-patentℯ amongst diuers other favours and priviledges therein Contayned it doth and may more at large appeare. And after the said first grant of incor- porac̃on so obtained the said Treasurer and Companie did sett out Certaine shipps brought and furnished with all kinde of necessarie pro- visions and munition and well manned with souldiers and p̱sons of other quallities and Condic̃ons fitt for such an enterprise hoping and intending thereby and by that greate Charge and prparac̃on to haue p̱fected and setled that plantac̃on. But finding it afterwardℯ to bee a worke of greater difficultie and being enformed by Sr Thomas Gates Knight (whome they had imploied there with the Charge and title of Generall of that Colonie who was newly sent home from Virginia for that busines) that a greater supply of men and money must bee had and was requisite and necessary for the accomplishmt of that honorable acc̃on and the establishmt of the said plantac̃on the said Companie entred into a newe Counsell and finding that without a newe aide and supplie to bee sent vnto Virginia (such as was required by the said Sr Thomas Gates in the name of the Lord Gov- ernor and Colonie there) so honorable and religious an acc̃on must fall to the ground to the vtter ou9 throwe of the said Companie the losse of all there former Charges and expence the detriment of Christian Religion and greate preiudice vnto this Kingdome It was finally Concluded and agreed that as well all those who had beene former Adventurers in the said Plantac̃on and free of the said Companie as those who were to bee receaved into the freedome societie and fellowshipp of the said Companie for the tyme to Come should seu9ally and p̱ticulerly adventure and lay Downe §towards§ a newe supply to bee sent for the reliefe of the said Colonie in Virginia the som̄e of seaven and thirty poundℯ and tenn shillingℯ at leaste for eu9y p̱ticuler mans adventure the said som̄e to bee paid in three years that is to say the som̄e of twelve poundℯ and tenn shillingℯ eu9y yeare and the first paymt thereof to begynn and bee at the tyme of such p̱sons vnderwryting Wherevppon the same being made knowne diuers and sundry p̱sons as well of those who were free of the said Companie as others that desired to bee free of the said fellowshipp and Corporac̃on (in Considerac̃on of there freedome and for that there names must bee inserted as freemen and Adventurers in the said second ɫres paten L̃res- Patentℯ and for diuers other good Causes and Considerac̃ons them there vnto moving). Did promise vnto the said Treasurer and Companie that they would disbursse pay in and deliuer vnto the said Treasurer eu9y one of them the som̄e of seaven and thirtie poundℯ and tenn shillingℯ at least. And diuers other p̱sons out of there good affecc̃on and inclinac̃on to so honorable and Christian an acc̃on did promise to disbursse and pay in vnto the said Treasurer greater som̄es of money whereof the paymte were to bee made in three yeares p̳portionably in manner aforesaid. And therevppon in the monethes of October November and December in the eight yeare of his Matℯ happie Raigne and at diuers tymes since in a booke and in Certaine Rolles to that purpose made by gen9all advise and Con- sent with a title and inscripc̃on in the begynning of the said booke and seu9all Rolles Contayning the purpose and p̳mises of the said Adventurers eu9y one of the said Adventurers that had so p̳mised to adventure did write downe his name with the som̄e which hee did promise to adventure for the three yeares ensuing thereby testifying the said agreemt and promises of purpose more assuredlie to binde themselves vnto the said Treasurer and Companie for the true p̱formance of there promised adven- tures and to give encouragemt and assuraūce of indempnitie to the said Treasurer and Company for the disburssing and laying out of such greate som̄es of money as should bee thought requisite and necessary for the reliefe and supply of the said Colonie and afterwardℯ according to the said promise agreemt and vnderwryting manie reverend Prelates Earles Lordℯ honorable and vertuous Ladies Knightℯ gentlemen Citizens of good accounte and quallitie and others did pay in vnto the Treasurer of the said Companie such som̄es of money as they had agreed and vnderwritten to pay who vppon such payment deliuered them bills of Receipt and enfraūn- chismt sealed with the Com̄on Seale of the said Companie After Wch seu9all agreemtℯ and promises so made and executed in manner aforesaid the said Treasurer and Company did vndertake to furnish the said Colonie with all thingℯ necessary and did from tyme to tyme send out Shipps for the advaūcem̃t of the said plantac̃on sufficientlie furnished with able Gou9nors and Commaunders both at sea and land with sufficient numbers of men as well Sailers souldiers husbandmen ffishermen as Artizans of sundry kindes for the necessitie of that busines with all sortℯ of victualls and seu9all kindes of Cattle with other necessaries and Conveniencies of seu9all natures requisitt for the setling of that plantac̃on and for the sustenūnce and well-being of that Colonie to there greate and excessive Charge which Charge amounting to manie thousand poundℯ more then they had readie meanes to satisfie the said Treasurer and Companie were enforced to engage themselves and there Credittℯ for very greate somes of money Wch they the more willingly and readily did adventure to doe for the gen9all Cause in hope to be freed and saved harmeles by the moneys to be receaved from the said Adventurers wch they assured themselves eu9y one (as hee was bound in honestie and Conscience) would pay in his dewe tyme according to that which hee had vnderwritten. But nowe so it is (may it please your good Lopp) that manie of the said Adventurers out of a Careles or Covetous Disposic̃on haue not only refused to send in theire said adventures at the tymes dew by their owne agreemt and vnderwriting but being required and sent vnto for the same moneys some of them doe make slight and dilatory aunsweres and others doe vtterly denie and refuse to pay the same vnles they shalbee therevnto by lawe Compelled §as namely Wm Poole knight having in Marche 1610 in and towardℯ the said adventure and plantacon and for the consideracons aforesaid promised at the tymes and dayes of payment before menc̃oned to paye in the some of therty seauen poundℯ tenn shillingℯ and hauing in March aforesaid [vnderwritten for the paymt of the same 1

Filled in from U. 4/17.

* * * * olo

Rich: * * * * * *

The Aunswer of Sr Thomas Mildemaye Barronett one of the defendtℯ to the bill of compɫt of the Treasurer & Company of Adventurers & Planters of the Cittie of London for the first Colonye in virginia, Compɫtℯ

Jur̃ 11o Decẽbr: 1612 Mat: Carew Caulyn 1

Doubtful.

The said defendt saving to himself nowe & at all tymes hereafter all advantage of exception to the incertenty & insufficiency of the said bill of compɫt, ffor aunswer to soe much thereof as concerneth him this defendt to make aunswer vnto saith That he neither knewe nor ever heard of any such agreement or conclusion as in the said bill of compɫt is alledged Neither was this defendt privie vnto or knowing of any the consultac̃ons of the Treasurer or Company in the said bill of compɫt named Neither did this defendt ever speake with them or any of them touching or con- cerning any matter or thinge in the said bill of compɫt menconed But this defent saith that aboute three yeares last past or more Sr Rob̴t Mans- feild Knight came vnto this defendt & intreated him to adventure in the said Plantac̃on at three seu9all adventures the som̄e of Thirtie & seaven poundℯ & tenn shillingℯ, & also to subscribe this defendtℯ name vnto a booke to that prpose. wch booke was afterwardℯ to be sent vnto this defendt And this defendt further saith That vppon informac̃on given by the said Sr Rob̴t Mansfeild vnto this defendt that the said mony would be imployed for the benefitt and p̳fitt of the adventures, this defendt con- discended vnto the request of the said Sr Rob̴t in hope of receiving bene- fitt by his adventures accordinglie. And therevppon afterwardℯ did subscribe his hand vnto a booke as in the said bill of compɫt is alledged but this defendt having heard by many Credible p̱sons that since that tyme diu9s retornes have byn made from Virginia into this realme of England & yet noe proffitt yealded or given vp by the said Treasurer & Company vnto any the adventures in the said Plantacon, And having also byn lately told that he this Def̴t must expect noe p̳ffitt of his adven- ture by the space of Twentie yeares Contrary to the informac̃on geven by the said Sr Rob̴t Mansfeild as aforesaid and allso contrary to this defendtℯ expectac̃on and this def̴t being allso p̱swaded vppon good and p̳bable reasons that the treasurer of the said mony intendeth wth the said mony to make p̳ffitt and advantage to him selfe and not any such generall good as in the said bill of Complaint is alledged And for that that this deft hath many dettℯ of his owne to satysfie and paye wch he in conscience is rather bound to paye (as this defendt taketh it) then the said som̄e of Thirtie and seaven poundℯ & tenn shillingℯ to be adventured as aforesaid Therefore this defendt doth refuse to make payment of the said some of Thirtie & seaven poundℯ & tenn shillingℯ to the said Treasurer & com- pany as he hopeth wth the fauor of this hoñoble Cort he lawfully maye All which matters & things this defendt is ready to averr maynteyne & prove as this hoñoble Cort shall award, And humblie prayeth to be dis- missed out of the same Cort wth his reasonable costℯ & chargℯ in that behalf wrongefully susteyned

Towse

The Jointe and seu9all Answers of James Bryarley and Mathewe de Quester twoe of the Defendtℯ to the Bill of Compɫt of the Treasurer and Company of Adventurers & Planters of the Cittie of London for the firste Colonie in Virginia Complaynantℯ.

Vterq̢ iur̄ 11o Jan: 1612 Mat Carew Dewes

The said Defendantℯ by p̳testac̃on not Confessinge the said Bill of Compɫt nor the matters in the said Bill of Compɫt materially concerninge these defendtℯ Conteyned to bee true in such manner and forme as in the said Bill of Complaint the same are sett forth & declared And savinge nowe and att all times hereafter vnto these Defendtℯ All advantagℯ of excepc̃on to the incertenty and insufficiency of the same Bill of Compɫt for answere vnto soe much thereof as Concerneth these Defendtℯ They and eich of them seu9ally and respectiuelie for him selfe saieth And firste this Defendant James Bryarley saieth That before the supposed promise or vnderwritinge by this Defendant for paimte of Twelve Powndℯ Tenne shillingℯ eu9ie yeare Duringe three yeares menc̃oned in the said Bill This Defendant by p̱swation of som̄e of the said Company menc̃oned in the said Bill had adventured and Deliu9ed into & for the said acc̃on & plan- tac̃on seu9all som̄es of money Amountinge to the som̄e of Threeskore and twoe poundes or thereaboutes vppon Confidence and promise att leaste to bee made a saver thereby wch this Defendt by that wch of late hee hath decerned thinketh to bee very vnlikelie. And this Defendt was afterwardℯ earnestlie laboured by one Mr Robert Johnson of the said Company to vnderwrite for the said Twelve powndℯ tenne shillingℯ yearelie Duringe the said three yeares, and did absolutelie and resolutelie Denie soe to vnderwrite of promise And then att the further instance of the said mr Johnson affirminge that if this Defendt would vnderwrite therefore That hee would and could p̱swade one mr willyam Bennett a Cittizen of London the rather by this Defendtℯ example alsoe to vnder- write for the like som̄es wth intente and agreemtℯ nevertheles that if the said Mr Johnson should not soe prevayle and procure the said Mr Ben- nett to vnderwrite, and that the said Mr Bennett did not in like mann9 vnderwrite Then this Defendtℯ vnderwritinge should bee Crossed oute and voyd and not Certified And vppon that Condic̃on and wth that intente onelie and in that mann9 and noe otherwise this Defendt Did vnderwrite And this Defendant saieth that the said Mr Bennett never did not would soe vnderwritt And nevertheles the said Mr Johnson Con- trarie to agreemt and meaninge and to the said Condic̃on well knowne to him selfe kepte and Deliu9ed in the same Booke wherein this Defendt had soe subscribed to the said Company in wronge of this Defendt Not- wth standinge this Defendant intreated him the said Mr Johnson to putt oute this Defendt his said vndrwritinge accordinge to agreemte and mean- inge as aforesaid ffor the trueth whereof to such effecte and in manner aforesaid this Defendt will bee Contented to referre him selfe to the oath of the said Mr Johnson. And for that which Concernes this other De- fendant Mathewe De Quester hee for him selfe saieth That hee Did adventure ffiftie Powndℯ in the said acc̃on and plantac̃on wth the said Companie, and afterwardℯ by earnest p̱swation of som̄e of the said Com- pany prtendinge good successe and gaine to ensue thereby Hee this De- fendant subscribed to paie Twelve Powndℯ tenne shillingℯ yearelie for three yeares And §after§ alsoe that and aboute sixe monethes nowe laste paste seeinge there Came noe proffitt of the ffirste adventure of ffiftie Powndℯ and vnderstandinge that smale likelie hood was of benefitt or recompence §was§ to growe by or oute of the said acc̃on or adventure This Defendt as is vsuall and lawful amongest m9chantℯ in like Cases was willinge to exeuse §exempt§ and free him selfe oute of the said acc̃on & adventure and to quitt him selfe from the said Companie and from all further adventures and charge and from expectac̃on of benefitt and gaine thereby And therevppon this Defendt accordinglie Did §for a smale some of money vnder the value of tenn poundℯ§ sell transferre and assigne over all his said adventure and stock and all the Charge and benefitt thereof or in or by the said acc̃on And all his intereste in the said acc̃on and Company to one Mr John Moore of the Cittie of London gent. whome the said Companie have accepted of & admitted in this Defendtℯ place accordinglie And therefore this Defendant intendeth and hopeth hee ought not to bee further Charged in or for or to the said acc̃on adventure or Companie This Defendt never havinge received anie thinge of his said adventure of ffiftie powndℯ from the said Companie And these Defendantℯ saye wth oute that, that anie other matter or thinge in the said Bill of Compɫt Conteyned materiall or effectuall by these Defendtℯ or eyther of them to bee answered vnto and not herein well & sufficientlie Confessed avoyded traversed or Denied or answered vnto is true in mann9 and forme as in the said Bill of Complainte is alledged All which matters theis Defendantℯ for their p̱tℯ are and will bee readie to averre and proove as this honorable Courte shall award and praye from thence to bee Dis- missed wth their reasonable Costℯ and Chargℯ in this behalfe wrongfully susteyned

Richard Hadsor.

The Treasurer and Company of Adventurers and Planters of the Cittie of London for the ffirst Colony in Virginia complain &c &c * * * * * As namely Sr Henry Nevile of 1

Blank space in manuscript.

28 April 1613

The severall answere of Sr George Huntley knight one of the deffℯ to the bill of Complaynt of the Treasorer and Company of the adventerers and planters of the Cittie of London for the first Colony in Virgynia Complaynantℯ

Jur̄ 18 Maii 1613 Mat Carew Saunders.

All advantage of exception to the vncertentie and insufficiencie of the said bill of Complaint to this defendt being now and at all tymes hereafter saved, he this said defendt for answere vnto such and so many of the matters in the said bill conteyned as do any waie concerne him this defendt to be answered vnto saith that he doth well remember that he this said defendt hath hard divers speeches concerning adventures and adventurers in and towardℯ the plantac̃on and supplie in the bill men- c̃oned, and this defendt thinketh it to be true that he hath bene moved to be an adventurer therein, but this defendt denieth that to his best knowl- edge or remembrance he did ever assume or promise to disburse paie in or delyver vnto the said Treasorer in or towardℯ the said adventures or plantac̃on the som̄e of seventy fyve powndℯ as in and by the said bill is supposed And this defendt likewise denieth that to his best knowledge or remembrance he hath vnderwritten his name to any such assumpc̃on or promise or in such booke or rolle as in the said bill is menc̃oned as an adventurer towardℯ the said plantac̃on or supplie of the said Colony of virginia as in and by the said bill is surmised wth out that that any other matter or thing in the said bill conteyned matteriall or effectuall in the law to be by this defendt answered vnto and not herein and hereby suffi- ciently answered vnto confessed and avoided traversed or denied is true (to the knowledge of this deft) All wch matters this defendt is & will be redye to averre and p̳ue as this honorable Court shall award and humbly praieth to be dismissed owt of this honorable court wth his costℯ & chargℯ in this behalf susteyned

B Colon: Virg: ḡ vers. Huntley Ba

Jo: Brydgemā.

The Treasorer & Company of Adventurers and Planters of the Cittie of London complain &c &c 1

Blank lines in manuscript.

8 October: 1613

As namely Sr Edmond Bowyar of Camberwell in co. Surrey, knight, hav- ing in November 1610 promised to pay ¥37.10.0, also Sr John Hanham, Sr Humfrye Maye Sr Henry Beningefeeld, Sr Henry Payton, Sr Walter Vaughan, Sr Lewis Tresham, Sr Richard Bingley, knights, Edward Carne & Thomas Gowge, gentlemen having promised to pay ¥37.10.0, Sr Robert Wrothe, Sr Caveliero Mayecott & Sr Henry ffayne, knights, & Thomas Cordall the younger ¥75 each; & Sr John Sam̄es, knight, ¥150 * * * *

The Seu9all answere of Sr John Sammes Knt one of the defendtℯ to the bill of complainte of the Tresurer and companie of adventurers and planters of the Citie of London for the first colonie in virginia Compltℯ

Jur̄ 10 Nouēbr: 1613 Mat Carew Jur̄ denuo post emēdationē 7o Nouembr: vt su- pra. Pennyman.

Thaduantages of exceptions to the incerteinties and insufficiencie of the said bill of complainte to this defendt now and at all tymes hereafter saued for answere vnto so much thereof as concerneth this defendat, he this defendt saith that he taketh it to be true that after the discouerie of that p̱te of America now caled and knowne by the name of virginia there was an honorable purpose and attempt made by dyuers worthie p̱sonnes for the plantac̃on thereof and reducinge the same to ciuilitie, and chris- tianitie, ffor the furtherance of wch honorable intent and purpose, it pleased his Matie (as this defendat taketh it) to incorporate the Compltℯ as in the said bill of Complaint is menc̃oned, and this defendt further taketh it to be true, that after some mony adventured and spent in the said buisines, the Compltℯ found it to be a matter of greater difficultie and charge then they before Imagined and thought it would haue beene, for they were (as this defendt taketh it) informed by Sr Thomas Gates knt menconed in the said bill, beinge imployed in the said buisines of and for virginia a greater supply of men and mony was requisite for the accom- plishmt of that honoble acc̃on then formerly had beene imployed and gath- ered, wherevpon the foresaid companie the Compltℯ and others entred into a new councell or consultac̃on concerninge the afforesaid buisines of virginia, And as this defendt taketh it resolued and concluded that wth out a new aid and supply of mony and men for virginia such as was then formerly propounded and required by the said Sr Thomas Gates, the foresaid honoble acc̃on and intenc̃on of plantac̃on of virginia would faile, and not take that effect as was desired, and therevpon some three yeares since or thereaboutℯ as this defendt now remembreth, vpon the new con- sultac̃on afforesaid had amongest the Compltℯ and companie for the good of virginia concerninge what further charge in money would be requisite for the furtheringe and accomplishinge of the foresaid intended plantac̃on and acc̃on of virginia, it was concluded and agreed amongest them the said Compltℯ that Eyghteene thousand poundℯ at the least to be gathered in three yeares then next followinge would be but a sufficient some of money for the accomplishinge and effectinge of the foresaid p̃nte service for virginia, and that it was also necessarie to haue sixe hundred men furnished sent thither before may then next followinge the consultac̃on spoken of beinge about Michaelmas 1610 and that vnles the said 18m ɫi and 600. men might forthwth in certeyntee be prouided the said service would not at all be effected or p̱formed Therefore for the gatheringe of the foresaid 18m ɫi and for the prouidinge of the said 600. men in the three yeares afforesaid at the tyme of the Consultac̃on spoken of it was agreed by the foresaid Compɫte and companie that a booke concerninge the service afforesaid should by the Compɫtℯ be made and published wth a condic̃on in the beginninge of the said booke to this or the lyke effect vizt The names of such as vndertake to adventure to virginia so as the som̄e of 18m ɫi may be made vp before some certein daie therein expressed beinge about Christmas. 1610. as this defendt taketh it and so as the said 600. men might be prouided and sent in Januarie. 1610. to and for the purpose afforesaid as this defendt also taketh it, the said mony to be adventured in three yeares then next followinge as by the said booke wherevnto this defendat for the more certeintie of and in the premisses referreth himselfe will appeare wch said booke this defendant seeinge and at that tyme thinkinge it to be a very worthie worke of plan- tac̃on this defendt amongst others vpon the condicons and agreemtℯ in the said booke menconed and on the Compltℯ p̱ts to be p̱formed and not otherwyse did subscribe the name of this defendt to be contented to giue a CLɫi towardℯ the plantac̃on afforesaid (as by the said booke wherevnto this defendt doth solely refer himselfe appeareth and this defendt then thinkinge the Compltℯ would haue p̱formed there p̱ts and condic̃ons afforesaid paid fiftie poundℯ p̱cell of the foresaid CLɫi about Christmas 1610. But this defendt further saith that it was neuer his this defendtℯ intent nor meaninge to disburse or laie out the foresaid CLɫi vnles the said 18m ɫi might be gathered and the said 600. men prouided furnished and sent accordinge to the condic̃on and purporte of the said booke so as the foresaid service for virginia might indeede be p̱formed, And this defendt further saith that he thinketh it to be true that the condic̃on and purporte of the said booke is not nor hath not bene p̱formed aswell for that the said 18m ɫi was not made vp as alsoe that the said 600 men were not furnished and sent for the said purpose accordinge to the said con- dic̃on (as this defendt verely thinketh) by meanes whereof (as this defend hath beene informed and verely thinketh it to be true) the said intended plantacon hath not succeeded accordinge to the purpose and intenc̃on of this defendt and the said other adventurers, And this defendt further saith that he this defendt hath beene informed that the Compltℯ or other the managers of the buisines for virginia haue not pursued the courses propounded whereby this deft and some others were invyted to contribute so liberally as they did but beinge vpon condic̃ons and these not p̱formed And this defendt further saith that he taketh it the greate som̄es of mony amountinge to 8000ɫi or theraboutℯ wch haue bene gotten by the lottarie and intended to haue bene vsed and disbursed in and about the buisines and plantac̃on of virginia haue not beene imployed nor bestowed accord- ingly besydes the Ilandℯ caled the Bermudas haue beene as this defendt is informed sould by ye Compltℯ for 2000ɫi And this defendt is further informed that the Completℯ haue also lately sould awaie for 6 or 8Cɫi or thereaboutℯ the Shippe caled the De la War wch shipp was wont to be imployed for or about the buisines of virginia, besydes also this defendt hath and doth obserue that the Compltℯ respect not to giue satisfacc̃on to this defendt nor to some other Kntℯ and gent̃ that haue adventured for and concerninge the foresaid buisines of virginia but haue deteyned and doe deteyne all the benefit made by the seu9all voyages to virginia affore- said and all the seu9all somes afforesaid wth out yeeldinge any account to the adventurers to this defendtℯ knowlege for all wch causes and many others this defendt taketh it that neyther in lawe nor equitie he is to pay or giue much lesse to be compelled for to pay or giue the foresaid CLɫi or any p̱te thereof vnto the Compltℯ wth out that that this defendt in any other maner then as afforesaid vndertooke or agreed to pay vnto the Completℯ any som̄e or somes of mony whatsoeuer or that the foresaid acc̃on of virginia be lykely to be relinquished or is vtterly relinquished or neglected for or by reason of this deftℯ not painge of the foresaid Cɫi And vnles any other thinge or matter in the Compltℯ bill menconed and hereby and herein not sufficiently answered trau9sed confessed or denyed is true to the knowl- ege of this defendt All wch matters this defendt is readie to proue and auerr as this honble Court shall award And therefore this defendt doth humblie praie to be dismissed out of this honble court wth his reason- able costℯ and charges in this behalfe wrongfully and vniustly susteyned

B Virginiæ Coloñ g̃ vers sams

Ba Clap

Jo: Brydgemā

To the right Honourable Thomas Lord Ellesmere Lord Chancelor of Englande

15 Nouembr. 1613

Colon: Virginiæ

Chr: Brooke 1613

The Aunswere of William Leveson Defendant to the Bill of Complainte of the Thr̃er and Companye of Adventurers and Planters of the Cittie of London for the ffirste Colonye in virginia.

Pennyman. Jur̄ vlto Nov: 1613 Mat Carew Jur̄ denuo post emẽ- datioñ 3 Decẽbr: ut supra.

The said defendant savinge to himself all advantage of Excepc̃on to the incerteintie and insufficiencie of the said Bill of Complainte for Aunswer therevnto and for manefestac̃on of the Truthe saithe That true yt is as this defendant thincketh that the said Company in the Bill menc̃oned had graunted vnto them the Kingℯ matℯ Letters Pattentℯ That they might erecte sett furthe and publishe one or more Lotterries for the Causes in the said Bill expressed, And also thinckethe yt to bee true that his matie by his Letters Pattentℯ did giue and graunte vnto the said Com- panie full power and authoritie for the Choice of Officers and makinge of suche Constitution as in the Bill is menc̃oned, And also thincketh ytt to bee true that the Complaynantℯ did erecte and publishe one greate Lotterie in such sorte as in the Bill of Complainte is sett downe and expressed And also saieth that true ytt is that the Compɫtℯ for the said ppurose made diuerse Lotterie bookes as by their bill of Complaynte they haue alleadged, for the purposes in the Bill of Complaynte Con- teyned And this defendant further sayethe That true it is also that hee this defendant was appointed to bee a Receivor of parte of the Lotterrie money, And that there were seaven or more Lotterie Bookes delivered vnto this Defendantℯ handℯ as by the said Bill is alleadged, And that hee this Defendant did by reason thereof and the authoritie to him there- in given from the Complaynantℯ Receave diuerse somes of money of diuerse and sondrie p̱sonns amountinge to a greate som̄e of money the Receytℯ whereof are by this defendant sett downe in the Bookes, wch this defendant Receaved from the said Companye wch bookes wth the Receiptℯ there§in§ is Conteyned this defendant hathe longe sithence deliv- ered over vnto Sir Thomas Smithe Tresurer of the said Companye vnder whose Custodie or vnder the Custodie of suche person or p̱sons as hee the said Sr Thomas Smithe hathe com̄itted the same this defendant verrelie thinckethe the said bookes are remayninge, But this defendant sayeth that hee this defendant hathe not receaved the some of Two thousand seaven hundred ninetie three poundℯ of Lotterie money as the Playntiffℯ by their Bill of Complainte pretend, But this defendant to his beste Re- membrance thinckethe That hee this defendant hathe receaved as by the Bookes will appeare Two Thousand sixe hundred fiftie seauen poundℯ ffifteene shillingℯ or thereaboutℯ for the more Certeintie thereof this defendant referreth himself to the severall particulars sett downe in the said bookℯ by this defendant deliuered overr to the said Sr Thomas Smithe hee the defendant havinge in the said bookℯ trulie sett downe the same §in wch said bookes this deff̴ hathe not demaunded allowaunce for dyu9se greate losses this defendt hathe had in the receavinge of the said 2657li 15s but now desireth allowaunce for the same§ And this defendant say the that hee neither Can nor is able in this his Aunswere to expresse the name of everie person from whome hee receaved theire money of Two shillingℯ and sixe pence a peece as the Plaintiffes by theire Bill require for that the same would make a most tedious Aunswere And therefore hee this deffendant referrethe himself to his bookes of Account aforesaid deliuered to the said Sr Thomas Smithe to bee iustlie and truelie Caste vp what the Receitℯ of the deffendant hathe beene And this deffendant further saiethe That true it is That hee this deffendant hathe made the Tresurer and some of the said Companye acquaynted wth the said Bookes and Receitℯ And also withe those som̄es of money the said defendant hathe paid into the said Lotterrie house vnto diverse personns beinge diverse great som̄es of money as they the said Complaynantℯ by theire Bill of Complaynt doe Confesse And this defendant dothe Confesse that true ytt is that hee this defendant hath hadd many Lottℯ and Tickettℯ in the said Lotterie house, But denieth that hee this defendaunt §hathe had§ soe many Lottℯ and Tickettℯ out of the said house as yf hee this defendant hadd broughte in and Receaved the some of Two Thousand Seaven hundred ninetie three poundℯ and Tenne shillingℯ as by the said Bill of Complainte is pretended, All wch will appeare vppon a iuste. Accounte to bee taken and had between the Complaynantℯ and the defendant, And this defendant further sayethe That att a Courte houlden by the said virginian Companye, Tres- urer and Socyetie aboute Twoe yeeres paste they the said Companye did Constitute authorise and appointe this deffendant for the provydinge buildinge erectinge and settinge vpp of a Convenyent house for the said Lotterye and furnishinge of ytt wth all hangingℯ furniture and other stuffe for to serve the same Lotterie wch accordinglie this defendant did take vppon him, And therevppon hee this defendant and Companye havinge obteyned a Place for the settinge vppe of the said house at the weste Ende of St Paules Churche hee this defendant did buye and provide timber and all other thingℯ for that purpose And also did provide workemen of all sortes to build erecte and make the same and payed for all the Tymber and other thinges that went to the same And also from tyme to tyme paid the hyer dyett and wages of all the workemen that wroughte about the same house §and all other chargℯ expended and laied aboute the said lotterye§ All wch from tyme to tyme was doune by this defendant by the order and appointement of the Tresurer and some of the said Companye and theire advise or the advise of suche as the saide Companye appointed was from tyme to tyme vsed and taken therein, And this defendant fur- ther sayethe that hee this defendant was by the said Tresurer and Com- panye appointed to take the money that should and was to bee paid for the stuffe workmens wages and all other Chardges bothe for the build- inge of the said house and furnishinge §of§ the same out of suche money as hee this defendant hadd and shoulde receaue for Lotterie money, And then at the said Courte the Complaynantℯ wth one Consent did graunt and agree to allowe and paie to this defendant for his stypende or wages for his travayle therein the som̄e of sixe shillinges eight pence a daye wch the said Companye appointed this defendant to take and allowe to him- self also out of the said Lotterrie money that should bee by him this defendant Collected, And this defendant further sayethe that accord- inglie vppon the Agreemente aforesaid hee this defendant hathe sette vpp erected and builded the said Lotterie House at the weste ende of Paules Churche and furnished the same wth the good likinge of the plain- tiffes or the more parte of them whoe from tyme to tyme hadd the vewinge of the worke as yt was to bee doune and gaue direcc̃on therein and Causedd many thingℯ to bee chaunged and altered before the said worke was fin- ished and did knowe and were made acquainted wth suche som̄es of money as was paid and disbursed about the same house, hee this defendant shew- inge sometimes to all of the plaintiffℯ or the greater number of them and sometimes to two or three of the Plaintiffℯ his disbursemtℯ and paymentℯ And this defendant further sayethe that sithence his dealinge in receavinge of the said Lotterie money hee hathe paid vnto Sr Thomas Smithe diverse somes of money att diverse and sondrie tymes And likewise this defendant hathe also paid to other men diuerse somes of money the particulars of all wch are sett downe in the Lotterie Bookℯ by this defendant receaved from the company and in suche other bookes as this defendant hathe deliuered to Sr Thomas Smithe and one mr Wilɫm Rowsse nominated the husband of the Companye to looke vnto the busines of the Companye And this defendant also saiethe that hee the said mr Rowsse hathe Caste vppe the paymentℯ and disbursementℯ paid and layd out by this defend- ant and hathe sum̄ed vpp everie leafe of them as hee said and as this defendant verelie beleeveth All wch bookes of paymentℯ and disburse- mentℯ bothe for the Lotterrie house as aforesaid and the money paid to Sr Thomas Smythe were delivered to the said Sr Thomas Smithe and are as this deffendant beleeveth in their custody or in the Custodye of suche p̱sonns as the said Sr Thomas Smithe hathe Com̄itted them vnto wch Bookes this defendant humblye prayeth this Honorable Courte that hee this defendant may have againe or the true Copies thereof. And then hee this defendant will enter into Accounte with the plaintiffes for all matters whatsoever, And whereas the said Plaintiffℯ by their Bill §do§ alleadge that this deffendant dothe hould backe and deteine from them the Complayn- antℯ the some of seaven hundred poundℯ wch this defendant ought to haue delivered and payed to the Compɫtℯ this deffendant vtterlie denyethe §that§ and hee this defendant dothe deteine or in any waies is indebted to the said Complaynantℯ the som̄e of seaven hundred poundℯ or any some of money at all to this defendtℯ knowledge, hee this defendant havinge allow- ance of his iuste paymtℯ and that is due to this defendant as by the said Bookes will appeare, ffor the Certeintie of all wch matters hee this defend- ant referrethe himself to the said bookes, But this defendant Confessethe that there is Certeine bourdℯ some peecℯ of tymber and other stuffe that was lefte by the workemen vppon finishinge and furnishinge of the house wch yett remayne But the same is not of any great value as this defendant takethe ytt, But this defendant hathe the Custodie thereof and wilbee readie to produce the same or accompte for ytt, wthout that that hee this defendant ever refused to come to an Accompte wth the pɫtℯ for suche moneys as hee the said defendant hadd receaved for the said Lotterie if hee might haue the Bookes backe againe And wthout that that hee this defendant hathe receaved the some of Two Thousand seaven hundred Ninetye three poundℯ Tenne shillingℯ of diverse and sondrye personns to bee putt in and adventured in the said Lotterie as they the said Com- playnantℯ doe by theire Bill laye to the Chardge of this defendant, And wthout that that the said defendant did procure Lottℯ and Tackettℯ in the said Lotterie house to the some of Two thousand seaven hundred ninetie three poundℯ Tenne shillingℯ as the Complaynantℯ by theire Bill haue surmised, And wthout that that hee this defendant doth wthhold and deteine in his handℯ from the Complaynantℯ the som̄e of seaven hundred poundℯ or any some of money at all to the knowledge of this defendant contrarie to anie equitie honestie and good Conscyence as they the said Complaynantℯ supposed by their Bill And wthout that that there is any other matter or Thinge in the said Bill of Complainte conteined materiall or effectuall in the lawe to bee aunswered vnto and §by theise deffendt§ not heerein sufficientlie aunswered vnto Confessed and avoyded traversed or denyed is true All wch matters this defendant is readie to averre and proue as this honorable Courte shall award and humblie prayeth to bee dismissed out of this Courte wth his reasonable Costℯ and Chardges in this behalf wrongfullie susteined

B

Virgin Coloñ q̃ Def Leuison

Bd. Clap

Jd: Moore

The aunswere of William Hall Esquior one of the defendtℯ to the bill of Complaynte of the treasurer and Companye of the Adventurers & Planters for the Cittye of London for the ffirst Colonye in Virginia Complaynantℯ.

Jur̃ 16 Febr 1613 Mat Carew Saunders.

This defendt saveinge to him self now and at all tymes heerafter all the advauntage of excepc̃on to the incerteynetyes and insufficiencyes of the said bill of Complainte ffor full & perfecte aunswere to soe much thereof as anie waie concerneth him this defendt to aunswere vnto saith that he this defendt hadd not at anie tyme anie speeches or Comunicac̃on with the Adventurers towardℯ the Plantac̃on & supplie in the bill menc̃oned or with anie of them as by the bill ys supposed, nether hath he this defend- aunte att anie tyme bynne moved to be an Adventurer in or towardℯ the said Plantac̃on to his this defendauntℯ best remembraunce, And this defendaunte absolutelie denyeth that he did at anie tyme assume or promise to disburse paye in or deliu9 vnto the Treasurer in the said bill menc̃oned towardℯ the said adventures or Plantac̃on the som̄e of Seaventye ffyve poundℯ or anie other som̄e or som̄es, as in and by the said bill ys supposed, And this defendaunte lykewise vtterlie denyeth that he this defendt hath vnderwritten his name to anye such assumpc̃on or promise, or in anye such booke or Roll as in and by the said Bill ys menc̃oned as an Adventurer towardℯ the said Plantac̃on or supplie of the sayd Collonye of Virginia, as in and by the said bill ys surmized, without that that anie other matter or thinge in the said bill of Complaynte conteyned concerninge this defendaunte materiall or effectuall in the lawe to be aunswered vnto and not herein sufficientlie aunsweredvnto Confessedand avoyded trav- ersed or denyed ys true All which matters this defendt ys readye to averre maynteyne and prove as this honorable Courte shall awarde And humblye prayeth to be dismissed ffourth of the same with his reasonable costℯ and Charges in this behaulfe moste wrongefullie susteyned.

B Virgin Coloñ q̃ vers: Hàll Bd Cl: pas. vlt.

vel T̃ vlt

Ph: Gerard

[Then follows Number 33, I, used as a cover to the whole and indorsed "Virginia. ∥Businesse 2

See post, in Vol. IV; List of Records, 518.

Whereas the Royal, most excellent Majesty, under his great seal of Eng- land, authorizes the Virginia Company for the setting up of a lottery for the benefit of that Plantation.

We by virtue of said grant do earnestly pray and desire you Mr Mayor, Mr Recorder, and the Aldermen of the City your brethren to be assistants to our deputies Gabriel Barber and Lott Peere being also members of our Company, to whom, for the approved trial we have of their care and sufficiency, we have committed the management of a running lottery to be kept in that, your City of Salisbury, requesting so much more earnestly, your furtherance therein, for that it is for so good a work as the upholding of that Plantation which we have now great hope and greater than before, shall stand and flourish to the honor and benefit of the realm.

And although we are well satisfied of these men's integrity, and have already given them an oath for their just and true dealing in this employ- ment, with all men, yet to Satisfy you and the world in the most exact manner that may, we desire you to receive the key here enclosed, of the prizes and to see them mingling of them with the blanks, and appoint one or two of your City, men of care to lock up and open the same every morning and evening, and permit a child who shall be allowed for his pains, to draw out the lots for all that adventure, as shall those we employ not be suspected of popularity who shall only pay out those prizes that shall be drawn, and yourselves be encouraged if they shall so desire to give them your testimony of the said proceedings.

In so doing both ourselves shall have great cause to thank you and the Plantation to acknowledge your love and kindness towards the same.

And so we bid you very hearty farewell.

From London, 19th of December, 1616

E. Sheffield Pembroke    Edwin Sandys H. Southampton    Dudley Digges Will. Paget    John Wrothe Thomas Cavendish    Richard Martyn Thomas Smyth    Jo. Wolstenholme Jo. Danvers

By his Majesties Councell for Virginia.

Whereas upon the returne of Sir Thomas Dale Knight, (Marshall of Virginia) the Treasurer, Councell and Company of the same, have been throughly informed and assured of the good estat of that Colony, and how by the blessing of God and good government, there is great plentie and increase of Corne, Cattell, Goates, Swine, and such other provisions, necessary for the life and sustenance of man; And that there wants nothing for the setling of that Christian Plantation, but more hands to gather and returne those commodities which may bring profit to the Adventurers, and encouragement to others: And whereas thereupon the Company hath given a commission to Captaine Samuel Argol to be the present Governour of that Colonie, who hath undertaken to transport and carry thither a certain number of men, upon his owne charge, and the charge of other his friends that joyne him in that Voyage; in which divers men of good qualitie have resolved to adventure, and to goe thither themselves in person, and to carry with them their wives, their children and their families, whereby in short time (by the favor and assistance of Almighty God) that goode worke may be brought to good perfection, by the division and setting out of lands to every particular person, the settling of trade, and returne of Commodities to the contentment and satisfaction of all Well affected Subjects, which eyther love the advancement of Religion, or the honour and welfare of this kingdome: Wee his Majesties Treasurer, Councell and Company for the same Plantation, have thought good to declare and make knowne to all men by these presents, that wee have resolved to give free leave and license to any who are now remaining in Virginia, at his will and pleasure to returne home into England, which liberty wee doe likewise grant and confirme unto all those which hereafter from time to time shall go thither in person, without any other restraint, there to aske leave of the Governour (for the time being) to depart. And therefore if any man be disposed to send for any of his friends from thence, he may hereby take notice, that he hath full power and meanes to doe eyther of them at his good descretion.

God save the King.

[97]    Proclamacons or Edicts

Goods to be sold for 25 p̱ Cent & Tob° at 3/p̱ C & not under or over penalty 3 years Slavery to the Colony 1

Blank space in manuscript.

John Hudson sometimes Provost Marshll General for divers crimes & misdemeanors comitted agt the just & Sacred Articles laws & Gou9mt of this Colony & Comon Weale was at 2 Marshalls Courts condem'd to die and according to L̃ers from Sr Tho: Smith Treasr for ye Compa to Sr Tho: Dale Govr reprieved in hopes of Amendmt And now has been guilty of more Errors Therefore to prevent ye danger in harbrg so ungratefull a Viper in the young & tender bosom of this so religious & lawfull an action He is Exiled & banished & if he returns to be put to death without further Judgmt

7. June 1617

Honored Sr

 The many courtysies and favors I haue receaued at yor hands shall (during my life) bynd me to you in my best service: and so often as occasion shall offer itself, I will not forgett to express the same. At this p̢sent I haue breifly noted to you, in what estate wee found the Colony; and of or speedy passage hether.

 Upon the 10th of Aprill wee departed from Plymouth, and the next daie lost sight of the Lyzard, having the Treasurer in or Company, wch kept wth us about 3 weeks: at what tyme we lost her in foggy weather wch contynued after 20. daies, in wch tyme wee hadd hardly a daie to make a certeyne obseruacon. The same daie month (according to the daie of the weeke) that we lost the lands end, we fell wth the dangerous shoulder of Cape Codd, runnying in one glass from 20 to 5 and 4 fathom water, not able to see (by reason of the thyck fogg) halfe a Cables length from the shipp. Here wee ancored all night, and the next daie wth no small p̱ill gott cleere of them. From heare wee shaped a Course along the Coast of Virginia, keeping our lead all the waie, wch was or best guide having so good a Pylott as or Gournr, the fogg still contynuyng, and arryved at Point Comfort ye 15th of May, all or Company being in good health, only one man dyed, who was sickly before we came from England. Thus it pleased God to bless vs wth a speedy and p̢sperous passage, yea hadd wee not bene troubled, to free or selves from those showlds, and wth mysty weather, we hadd assuredly (by Gods help) arryued in Virginia in a months space. The next daie befo Two, or 3 daies after arriued Captaine Martyne wth the pynnace all his men in good health to increase or ioyes.

 Wee found the Colony (God be thanked) in good estate and inioyng a firmer Peace and more plenty, howeur in buildings, fortyficac̃ons, and for want of boats, much ruyned and greate want. Or p̢sent Gournr at James towne is repayring and making straight what he fyndeth decayed and crooked, to whose good indeavors and noble disposicon or Colony hath bene, is, and wilbe much indebted. All men cheerefully labor about their grounds, their harts and hands not ceasing from worke, though many have scarce ragges to cour their naked bodyes. English wheate, barly, Indyan Corne, Tobacco greate plenty in the ground. Hemp and flax seed distributed to most men by the Gournr and is putt into the ground: nothing neglected, wch any waies may be avayleable to advance the Colony, and to give incouragemt to yorself and the rest of the Hoble Company. The Cattle thrive and increase exceeding well, the ploughes yerely worke and oxen are plentyfull. The Indyans very loving, and willing to parte wth their childeren. My wives death is much lamented; my childe much desyred, when it is of better strength to endure so hard a passage, whose life much greately extinguisheth the sorrow of her loss, saying all must die, but tis enough that her childe liueth. I know not how I may be censured for leaving my childe behind me, nor what hazard I may incurr of yor noble loue and other of my best frends. At my departure from Gravesend (nothwthstanding I was ymportuned) I hadde no such intent. But in or short passage to Plymouth, in smothe water, I found such feare and hazard of his health (being not fully recouered of his sicknes) and lack of attendance (for they who looked to him hadd need of nurses themselues, and indeed in all or passage p̳ved no better) that by the advise of Captaine Argall, and diuers who also foresaw the danger and knew the inconvenyence hereof p̱swaded me to what I did. At Plymouth I found Sr Lewes Stukely so nobly mynded toward me, that he most earnestly intreated to haue the keping of him, vntill my Brother tooke further order. I thought good to rectyfie you hereof, and desyre yor self and all the Company, for those causes, to hold me excused, if in their iudgemts I may be censured to haue erred herein. A firme contynuance of yor favor and love toward me I daylie praie for. And although greate is my loss, and much my sorrow to be depriued of so greate a comfort, and hopes I hadd to effect my zealous intenc̄ons and desyres as well in others, as in her whose soule (I doubt not) resteth in eternall happynes: yet such temperance haue I learned in p̳sperity, and patience in adversitie, that I will as ioyfully receiue euill, as good at the hand of God: and assuredly trust that Hee, who hath p̢served my childe, euen as a brand snatched out of the fier, hath further blessings in store for me, and will give me strength and courrage to vndertake any religious and charitable ymploymt, yorself and the Hoble Company shall com̄and me, and wch in duty I am bound to doe. Now my last request at this tyme is to yorself, whom I haue found a father to me, my wife and childe, and will eur acknowledg it wth the best gratefullnes my hart and penn can offer, that you would be pleased as you haue begun and ben the one of ye principall instrumts herein, to contynue yor noble favor and furtherance even for my childe sake, being the lyving ashes of his deceased Mother, and that you will still be the meanes, that yor owne free lib'ality and all others by yor p̱curemt in obtayning so liberall a stipend, may not die wth my wife, but contynue for her childes advancemt, wch will the better inhable myself and him hereafter to undertake and execute what may be com̄aunded and requyred from us, Thus refering myself to yor approued wisedom craving p̱don for my boldnes, desyring no longer to liue, then when I shall cease from studying and indeavoring to bend my best strength to p̱seuer in this Accon for the advancemt of the hour of or God, King and Cuntry, wth my humble remembrance to yorself and yor noble and virtuous Lady whose requests I will not forgett to satisfie wherein I may when tyme shall serve I take my leave and rest

At yor command ever ready Jo: Rolf James Towne this 8 of June 1617. P'script. May you please yu Sr as occasion shalbe offered to remember me for some place of com̄aund and some estate of land to be confirmed to me and my childe, wherein I haue formerly found yor love and readynes, for wch I shall rest much bound vnto you. [Addressed:] To my honored and much respected frend Sr Edwyne Sandys Knight deliuer these. [Indorsed:] Mr John Rolph From Virginia, To Sr Edwin Sandys 8 June: 1617 Their iournie to Virginia. Good estate of the Colonie. Store of Cattle & ploughs. The Indians loving: & will part wth their child'n. Their Comfort of his son. He left at Plimmouth wth Sr Lewes Stukeley. Desireth the Stipend may be continued to him. Prayeth a place of command & land for gift[?].

No 41. A Register book during the Gou9ent of Saml Argall Esqr Admiral, & for ye time p̢sent, principal Govr of Virga.

9 June 1617 a L̃er from James Town that he lost sight of the Lizard 11 apl 1617 came N° course & anchor'd 15 May before point Comfort, found ye people well—tilling ground for corn & Tob° 2 or 3 daies after arrived Capt Martin 5 weekes passage in his pinace. then he went to James Town & found all boats &c out of repair Sent Capt Martins pinace to ye No to fetch the boats ye fishing Compa gaue him. desires 100 men with tools & &c that he will p̳vide wth victuals likes James Town better than Bermudas 40 miles aboue it, will Strengthen it. Great plenty & peace That he sent Tomakin to tell Oppachancano of his arrival & he came to James Town rec̃d a present wth great joy. Tomakin rails agt Engld English people and particularly his best friend Tho: Dale all his reports are disproved before opachanko & his Great men whereupon (to the great satisfaccion of ye Great men) Tomakin is disgraced Powhatan is gone to ye K. of May—umps in patawamack Rivr & has left ye Gou9nt of his Kingdom to opachanko & his other brother. thinks Hemp & flax will grow well here especially flax. little trial yet of pocoon but will proceed in it Had Instrucc̃on to plant anisseed but brot none pray send some. Silk wormℯ thrive exceedingly. Excellent Wheat Barley cattle thrive. Ground wore out with maze will bring English grain. Want minrs. mr Whitaker being drown'd desires another Govr to be sent in ye mean time will use his best endeavours on wch he prays they'l put ye best construction desires Sr Dudley Diggs may Solicit A Bp to giue mr Wickham power to admr Sacramt here being no other parson

[53]    pardons

Geo. White pardoned for runing away to ye Indians with his arms & ammunition which facts deserve death according to ye express articles & laws of this Colony in that case provided and established and for wch offences he stands liable to ye Censure of a marshalls Court.

under Seal Colony 20. 8br 1617.

Antho Edwards for Stealing a prisoner woman, for wch he was liable to Censure marshalls Court

Henry potter for Stealing a Calf & running to Indians. death 1

Blank space in manuscript.

[54] Sevl Comissions to trade to ye No parts of Virga and for Comanders of the sevl hundreds

[74] Argall xxxxx Admiral during his life & p̢sent Govr makes Wm Powell Capt of his Guards & Compa, Lt Govr & Comdr of James Town, blockhouses §&§ people there

Como to trade in So pts & in ye bay

to Cap Nath Pool to be Serjant Major Genl

to ffra. West maker of ye ordinance during life

[55] By Instrucc̃ons from Lo: La Warr Lord Govr & Captain Genl of Virga Argall makes Nat West Capt of the Lord Generals Compa 1

Blank space in manuscript.

divers cattle were given to the Captains & others, xxxx with ye female increase in lieu of their places And now absolutely sold

15. Nov. 1617.

A L̃er Sent to Govr by ye Citizens of Bermuda hund came to hand 27. Nov. 1617. Signed by Recorder & 9 others Citizens Claim West & Shirley hund as belonging to them & refuse to let Capt Madison clear there an. to ordr Govr

30 Nov. 1617. Govr answers that he will not Infringe their rights being a member of that City himself but beggs that ye Colony Servts may stay there this year

Whereas the right Honorble Edward Lord Zouch, Lord Warden of the Cinque portℯ hath paid One hundred pounds of current mony of England into the handℯ of the lord Lawarr which mony the said Lord Zouch * * doth aduenture with the said lord Lawarr in his present intended voyage to Virginia uppon theise Condic̃ons followinge (that is to saye) the lord Lawarr doth covnãnte with the said Lord Zouch * * * to transporte Seaven able men into Virginia and their to plant them and to and to prouide for their subsistinge and to ymploye them and their labours for the best proffitt he can promissinge and covenantinge to retorne into England a full third parte of the proffit of their labours be yt more or lesse to the vse of the said Lord Zouch * * vntill such tyme as by the costome of the Contrey the said men soe transported are to be made ffreemen and afterward to ympose such convenient rent as they shalbe hable to bare. A §which§ rent shalbe established to the said * * * * * Lord Zouch * and his Assignes duringe the lives of the said men soe transported And the lord Lawarr doth Covnãnte to give a true noate of the names of those Seaven men to be soe transported soe soone as they are of shalbe shipped for Virginia In witnes whereof the said lord Lawarr hath sett his hand and seale the Seauen and twentith daie of December Aō. d̴ni 1617 and in the ffifteenthe yere of the Raigne of Or sou9aigne lord Kinge James of England ffraunce and Ireland and of Scotland the one and ffiftith

Tho: Lawarr Sealed and deliuered in the presence of James Barker Edwarde Fowkes Thomas Banestr [Indorsed:] My lo: De la Warres Couenant for my lo: Zouches aduenture to Virginia.

[51 1

This number does not belong to the original roll.

1
• To come out in June & be here in Septr a temperate time then is ye harvest of Corn & Tobo and one man may tend & keep as much as 2 can house & Cure After Sept wind blowing at No West will make a long passage
2
• Weather after Sept so unconstant that goods cant be landed or shipt without hazard or damage
3
• Because few Taylors ye people won't get their cloathes time enough for winter
4
• you'l then haue ye best Tobo ye bad not then ready
5
• your ships may get home by Candlemas before ye East Indie Ships set out wch will help ye Speedy venting ye Tobo
6
• If the Ship dont come before March (our Seed time) we cant afford time to attend Magazine
7
• for want of boats it will be 14 daies loss to a man in Transp. goods in wch time he may loose all his Tobo & Corn
8
• if yor Ships return after April ye heat of ye hold will hurt ye Tobo
9
• furnish yor Magazine wth more than for ye prsent & let a continual trade be on foot and then at ye arrival of your Shiping you'l haue Como ready & they'l be soon dispatched
10
• If you grant more such Commissions for Genɫ trade as you have done to Capt Martin you'l overthrow yor magazine. conferr wth ye bearer mr Dade who has had a yrs experience & can satisfie you in all points.

Record p̱ Jo: Rolff Secretary & Recordr General

Govrs L̃er to the Council for virga without date Earnestly desires to give up his place He is glad he is freed from ye Magazine business Lets em know they have affronted him by joining ye Cape Mercht with him in equal trust No such thing as Idleness now. you won't be overburdened wth Tobo nor any other Como because Tobo being §is§ low & yr goods high priced and if the people fall upon hemp or other Como it will be even as with Tobo you have wholly destroyed discouraged them. They are forced to tend old ground for want of tools that hee expected 3/p̱ɫi for Tobo he sold cattle for & had but 2/3d

• To 3 or 4 to Exame witnesses & report to ye Govr
• To Mrs of Ships not to let their sailors go ashore or talk with ye people at Kiquoughtan
• To Some persons to trade with Indians
• To the Ranger of ye forest at Kigoton to take up Indians.
• Spyes or hogstealers contrary to Articles of peace.

Adventurers to Virginia

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