JURIS CURIA. A court at James Citty, 10th day of Janurary, 1626, being Present S George Yeardly Governor, &c., Capt: Smyth, Capt. Mathewes, Mr. Persey, Mr. Claybourne, Capt. Tucker, & Mr. Ferrar. The Governer at this court intimated his intent to take upp one thousand acres of land as his divident, lying uppon Blunt Point River, and bounded easterly by a creeke that devideth it from the land of Robin Toole & Lt. Teppet, next adjoining to their houses now built, and soe extending westerly alonge the banks of y' river soe far as unto ye same quantity of land appertaineth northerly uppon the said Blunt Point River and Southerly uppon the Maine River, wch. thing, the court hath condescended unto. Whereas the last Court day there was leave given to the inhabitants Pasbehayas to remove themselves from that place, the court now doth determine neither to constrain them nor any other ye inhabitants of yo maine to stay and inhabit there. A court at James Citty the 11th of Janurary, 1626, being Present S' George Yeardley Knt. Governor, &c., Capt. West, Capt: Smyth, Capt. Mathewes, Mr. Persey, Mr. Claybourne, Capt: Tucker, & Mr. Ferrar. At this court Tho: Doe had leave given unto him to remove from Kecoughtan & Plant at Hogg Island. At this court Henry Gainye was presented before ye Governor & Councill by ye provost Marshall for drunkennes, whereuppon it was ordered that hee should enter into bond of his good behavior of 300' of Tobo. & pay the Provost Marshall twenty weight of Tobo. as being the halfe of his fine & due for informing. The same time Robert Adams was Presented likewise for drunkennes by ye Provost Marshall, & ye like censure inflicted on him as is upon ye said Henry Gainy. A court at James Citty, the 12 Janurary, 1626, being Present S George Yeardly, Knt. Governor, &c., Capt: West, Capt: Smyth, Capt. Mathewes, Mr. Persey, Mr. Claybourne, Capt: Tucker, Mr. Farrar. At this court James Tooke had permission given him to remove fro. the Maine wth out James Citty & Plant at Mulberry Hand. In regard to divers inconveniences wch appeare to have happened by the granting of generall warrants in this colony, too longe to relate, it is ordered that there be none hereafter granted, but that it may be lawful to put as many in any single warrant as shall be inhabiting wth. in any one plantation. The 13th day of Janurary, 1626, all being present, as ye day before, the Governor & Councill taking into their consideration the inconveniences that might happen uppon ye arrivall of any forreign enemy, wth out some speciall order taken what courses should be followed if any such thing should come to pass, uppon full debate hereof have been ordered and appointed that as concerning the inhabitants of Elizabeth Citty these instructions following be observed, viz: That uppon the arrival of any such number of shipps upon wch. the Commander there Capt. William Tucker, shall have just occasion of suspect shall. forthwth speed away a boate to ye Governor & then give present Comand to all the inhabitants, that all his best & most able men be wth all possible haste assembled, & drawne together to their colours to wth stand & hinder the landing of any enemy by all possible means, and that he appoint another partye out of ye rest in his best discretion & give them instruction to gather the woemen & children and unserviceable People and all their cattle to gether, & by their best means to repaire to Mathewes Manno', where they shall receive further order. And a third party, amongst whom to be some honest, discreet men that may be allwayes ready soever to save it from the enimy and upon order from ye Comander to fire any houses and give their attendance about him for Such Services. It is also thought fitt yt ye Comander uppon any suspect as aforesaid of a forreine enemy, doe cause all the boats and Shalops to be filled wth such provisions as ye people have & to send them pr'sently up to Newports Newes, where they may be ready uppon order given to run up to Matthewes Manno', there to be disposed and ordered for their best Safetye. And it is further agreed uppon & resolved that strict proclamation be published then and through ye whole Colony that noe person whatsoever doe parly or speake any wordes or make any signs or shewes of parly, uppon paine of death. And if any man shall dare to parly or speake to ye enemy it shall then be lawful for the Comander in chiefe there to call a marshalls Court and doe p'sent execution. And if the said Comander then doe find ye enemy to be of noe great force than he may then be himself able to wth Stand, that hee doe not then rashly give order for the fireing of any houses, but doe loose them by degrees at as high a rate as he can, still preventing neverthelesse the enemye's seizing on them by firing first. The Court taking into consideration that the next ensueing yeare there will be many tenants & servants freed, unto whom after their freedome there will be noe land due whereby they may wth out some order taken to the contrary, settle and seat themselves disposedly, & in noe such convenient order whereby to be a strength to ye colony, have here uppon thought fitt and accordingly ordered that the Governo & Councill may give unto ye said servants and tenants leases for terme of years, of such quantities of land as shal be needfull, proportionatly to y familyes of such, as in that nature shall take leases of any comon lands as yett untaken up by any adventurers or planters wth in ye Colony; yeilding & paying yearly for every acre one pound of Tobacco. The Court hath alsoe thought fitt wth ye first means for many considerations to seat a sufficient party at Kiskyacke, both in regard of ye opportunity we shall thereby have to annoy ye Indians; & if a good retreate, and release we may have beene overforced by too powerfull a forreine enemy. And farther doe resolve that noe people shal be suffered to Sitt downe in discomodious places whereby they shall not consist of sufficient strength. It is ordered that Richard Proctor of Martin's hundred for his offence in taxing Capt: Hamer, deceased, and Mr. Persey unjustly of extortion, and saying that they were unfitt to sett at ye Councill, shall suffer one month's imprisonment, and shal be at the end thereof Sett in ye pillory & have his eares nailed, & shall lastly give bond of 300' of Tob° w' sufficient suertyes for his good behavior and to appear at yo next Quarter Court. At this court Capt: Samuel Mathewes moved to have license and permission granted unto him to goe into ye Bay & trade for corne, where uppon the court taking into their consideration the great losse and damage that happened this harvest by ill wether & great winds whereby a very great part of crops fayled, and it is to be feared leaste some Scarcety of corne may ensue in this colony, have thought fitt & accordingly ordered, that notthstanding all former proclamations published and Sett forth to ye contrary, it shall and may be lawfull for such as shall be in want of corne, having obtained leave, to go into ye Bay & then trade for corne. And in particular doe think fitt yt ye said Capt: Matthewes having sufficiently provided himselfe wth a good companye of men & boats amunition, armes, offensive and defensive, to go a trading into any part of the Bay of Chesapeake, and that he shall have a comission from the governor for ye same purposes. A Court at James Citty the 19th of February 1626 being present Mr. Dr. Pott, Capt. Smyth, Capt. Mathewes, Mr. Secretary and Mr. Ferrar. It is ordered that John Ewins for his offence in that he hath lewdly behaved himselfe towards Jane Hill and layne wth her divers times, Shall receive forty Strypes wth a whippe here at James Citty and then be sent up to the plantations at Shirley Hundred where he comitted the fact & receive forty Strypes more before the officers and people of that place. * * church It is likewise ordered that Jane Hill for that shee hath often times comitted fornication with John Ewins, shall upon the next Sunday during the time of divine Service stand in a White Sheete at James Citty and * * * * * and there * * * * * [TO BE CONTINUED.] ards be sent * LETTER AND PROCLAMATION OF ARGALL. [From Randolph MSS. in MSS. Collections of Virginia A LETTER FROM SAMUEL ARGALL ESQUIRE, ADMIRAL AND GOVERNOR OF VIRGINIA DATED JAMESTOWN THE 9TH OF JUNE, 1617. That he lost sight of the Lizard the 11th of April 1617; came north course and anchored the 15th of May before point Comfort; found the people well, tilling ground for corn and Tobacco. Two or three days after, arrived Captain Martin after five weeks passage in his Pinnace. Then he went to James Town and found all boats &c. out of repair; sent Captain Martin's Pinnace to the North to fetch the boats the Fishing Company gave him; desires one hundred men with tools &c. that he will provide with victuals; likes James Town better than Bermuda forty miles above it; will strengthen it. Great plenty and peace; that he sent Tomakin to tell Oppachancano of his arrival and he came to James Town, received a present with great Joy. Tomakin rails against England, English people and particularly his best friend, Sir Thomas Dale; all his Reports are disproved before Oppechancano and his great men (to the great Satisfaction of the great men). Tomakin the Disgraced (Powhatan is gone to the King of Moy-umps in Patowamack River and has left the Government of his kingdom to Oppechancano, and his other brother). Thinks Hemp and Flax will grow well here especially Flax; little tryal yet of pocoon, but will proceed in it; Had instructions to plant Anniseed but brought none; pray send some; silk worms thrive exceedingly; Excellent wheat and Barley; Cattle thrive. Ground worn out with maze will bring English Grain; want ministers. Mr. Whitaker being drouned desires another Governor to be sent; in the mean time will use his best Endeavours on which he prays they'll put the best constructions; desires Sir Dudley Diggs may sollicit Archbishop to give Mr. |