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A12461 The generall historie of Virginia, New-England, and the Summer Isles with the names of the adventurers, planters, and governours from their first beginning. an⁰: 1584. to this present 1624. With the procedings of those severall colonies and the accidents that befell them in all their journyes and discoveries. Also the maps and descriptions of all those countryes, their commodities, people, government, customes, and religion yet knowne. Divided into sixe bookes. By Captaine Iohn Smith sometymes governour in those countryes & admirall of New England. Smith, John, 1580-1631.; Barra, John, ca. 1574-1634, engraver. 1624 (1624) STC 22790; ESTC S111882 354,881 269

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duties of Iustices of Peace within their limits The subordinate Officers to these in euery tribe are the Constables Head-borowes and Church-wardens these are the triers of the Tobacco which if they allow not to be marchantable is burnt and these are the executioners of their ciuill and politicke causes For points of warre and martiall affaires they haue the Gouernour for Lieutenant generall the Sergeant maior Master of Ordinance Captaines of Companies Captaines of Forts with their seuerall officers to traine and exercise those numbers vnder their charge in martiall discipline Concerning their Courts for decision of right and iustice the first though last in constitution is their generall assembly allowed by the state in England in the nature of a Parliament consisting of about forty persons viz. the Gouernour the Counsell the Bailiffes of the tribes and two Burgesses of each tribe chosen by voyces in the tribe besides such of the Clergie as the Gouernour thinkes most fit to be held once a yeere as you shall heare more thereof hereafter The next Court is the Assise or Iayles of deliuerie held twice euery yeere in Christmas and Whitson weeke for all criminall offenders and ciuill causes betwixt party and party as actions of debt trespasse battery slander and the like and these are determined by a Iury of twelue men and aboue them is also a grand Iury to examine matters of greater consequence The last day of the Assise might also well be held a Court for hearing the trangressions in matters of contempt mis-behauiour towards any Magistrate riots seditious speakers contemners of warrants and such like there are also as occasion shall require many matters heard by the Gouernor or his Officers and oft iustice done in seuerall places but those are but as daies of hearing and as preparatiues against their Courts c. At this last Assize eighteene were arrained for criminall causes a number very extraordinary considering the place but now occasioned by reason of the hard yeere and the store of ill chosen new commers of these some were censured to the whipping post some burned in the hand but two were condemned to die yet the one was reprieued the other hanged this done euery man returned to his home many trials they made againe about the Warwicke but to small purpose her Ordnance being lashed so fast they could not be vnloosed till the ropes and decks were rotten yet some few buttes of beare being storie they got which though it had lien six moneths vnder water was very good notwithstanding the next yeere they recouered fiue peeces of Ordnance Vpon the first of August according to the Companies instructions from England began the generall assembly at the towne of Saint George which was the first these Iles euer had consisting as is said of the Gouernour Councell Bailiffes and Burgesses and a Secretarie to whom all bils were presented and by him openly read in the house also a Clerke to record the Acts being thirty two in all fifteene of which being sent into England were by a generall consent receiued and enacted the titles whereof are these following as for all the reasons for them they would be too tedious to recite The first was against the vniust sale and letting of apprentises and other seruants and this was especially for the righting the vndertakers in England The second concerning the disposing of aged diseased and impotent persons for it being considered how carelesse many are in preferring their friends or sending sometimes any they can procure to goe such vnseruiceable people should be returned back at their charge that sent them rather then be burdensome to the poore Inhabitants in the Iles. The third the necessary manning the Kings Castle being the key of the I le that a garison of twelue able men should bee there alwaies resident and 3000. eares of corne and 1000. pounds of Tobacco payed them by the generality yeerely as a pension The fourth against the making vnmarchantable Tobacco and Officers sworne to make true trials burne that was naught The fist inioyned the erection of certaine publike bridges and the maintenance of them The sixt for a continuall supply of victuall for all the Forts to bee preserued till some great occasion to vse it The seuenth was for two fixed dayes euery yeere for the Assises The eight commands the making of high-waies and prohibiting the passage ouer mens grounds and planted fields as well to preuent the spoyling of gardens as conueniencie to answer any alarum The ninth for the preseruing young tortoises and birds that were carelesly destroyed The tenth prouided against vagabonds prohibited the entertainement of other mens seruants The eleuenth compelled the setting of a due quantity of corne for euery family The twelfth the care corne being set enioyned the keeping vp of their poultry till it was past their reaches The thirteenth for the preseruation of sufficient fences against the selling of marked trees appointed for bounds The fourteenth granted to a leuy for a thousand pound weight of Tobacco towards the payment of publike workes as the bridges and the mount The fifteenth for the enioyning an acknowledgement and acception of all resident Gouernours and the warranting him to continue though his time be expired till the arriuall of a legitimate successor from England to preuent all vomeet and presumptuous elections besides it was desired by petition in England the new Gouernous should liue two months as a priuate man after his arriuall if his predecessor did stay so long the better to learne and obserue his course And these are the contents of those fifteene Acts applied as you may perceiue which the lawes of England could not take notice of because euery climate hath somewhat to it selfe in that kinde in particular for otherwise as it is conceiued it had beene a high impudency and presumption to haue medled with them or indeed with any such as these lawes that had with such great iudgement and iustice alwaies prouided for No sooner was this businesse ouer but the Magazin ship is discouered and that night came into the Harbour but in a very weake and sickly case hauing cast ouer board twenty or thirty of her people and so violent was the infection that the most part of the failers as well as passengers were so sicke or dismaid or both that the Master confessed had they stayed at the Sea but a weeke longer they had all perished There arriued with this ship diuers Gentlemen of good fashion with their wiues and families but many of them crasie by the tediousnesse of the voyage howsoeuer most of them by the excellent salubrity of the aire then which the world hath not a better soone after recouered yet some there were that died presently after they got ashore it being certainly the quality of the place either to kill or cure quickly as the bodies are more or lesse corrupted By this ship the Company sent a supply of ten persons for the
like we descried foure saile after whom we stood who forling their maine Sailes attended vs to fight but our French spirits were content onely to perceiue they were English red Crosses Within a very small time after wee chased 4. Spanish ships that came from the Indies we fought with them foure or fiue houres tore their sailes and sides with many a shot betwixt wind and weather yet not daring to boord them lost them for which all the Sailers euer after hated the Captaine as a professed coward A poore Caruill of Brasile was the next wee chased and after a small fight thirteene or foureteene of her men being wounded which was the better halfe we tooke her with three hundred and seuenty chests of Sugar one hundred hides and thirty thousand Rialls of eight The next was a ship of Holland which had lost her Consorts in the Streights of Magilans going for the South sea she was put roomy she also these French men with faire promises cunningly betraied to come aboord them to shew their Commission and so made prise of all the most of the Dutch-men we tooke aboord the Admirall and manned her with French-men that within two or three nights after ran away with her for France the wounded Spaniards we set on shore on the I le of Tercera the rest we kept to saile the Caruill Within a day or two after we met a West-Indies man of warre of one hundred and sixtie tuns a fore noone wee fought with her and then tooke her with one thousand one hundred Hides fiftie Chests of Cutchancle foureteene Coffers of wedges of Siluer eight thousand Rialls of eight and six Coffers of the King of Spaines Treasure besides the good pillage and rich Coffers of many rich Passengers Two moneths they kept me in this manner to manage their fights against the Spaniards and bee a Prisoner when they tooke any English Now though the Captaine had oft broke his promise which was to put me on shore the Iles or the next ship he tooke yet at the last he was contented I should goe in the Caruill of Sugar for France himselfe seeming as resolued to keepe the Seas but the next morning we all set saile for France and that night we were separated from the Admirall and the rich prise by a storme Within two daies after wee were hailed by two West-Indies men but when they saw vs waise them for the King of France they gaue vs their broad sides shot thorow our maine Mast and so left vs. Hauing liued now this Summer amongst those French men of warre with much adoe we arriued at the Gulion not farre from Rotchell where in stead of the great promises they alwaies fed me with of double satisfaction and full content and tenne thousand Crownes was generally concluded I should haue they kept me fiue or six daies Prisoner in the Caruill accusing me to be he that burnt their Colony in New France to force me to giue them a discharge before the Iudge of the Admiraltie and stand to their courtesies for satisfaction or lie in prison or a worse mischiefe Indeed this was in the time of combustion that the Prince of Candy was with his Army in the field and euery poore Lord or men in authoritie as little Kings of themselues For this iniury was done me by them that set out this voyage not by the Sailers for they were cheated of all as well as I by a few Officers aboord and the owners on shore But to preuent this choise in the end of such a storme that beat them all vnder hatches I watched my opportunitie to get a shore in their Boat whereinto in the darke night I secretly got and with a halfe Pike that lay by me put a drift for Rat Ile but the currant was so strong and the Sea so great I went a drift to Sea till it pleased God the wind so turned with the tide that although I was all this fearefull night of gusts and raine in the Sea the space of twelue houres when many ships were driuen ashore and diuers split and being with skulling and bayling the water tired I expected each minute would sinke me at last I arriued in an O●zy I le by Charowne where certaine Fowlers found me neere drowned and halfe dead with water cold and hunger My Boat I pawned to finde meanes to get to Rotchell where I vnderstood our man of war the rich prize wherein was the Cap. called Mounsieur Poyrune and the thirtie thousand Rialls of eight we tooke in the Caruill was split the Captaine drowned and halfe his Company the same night within six or seuen leagues of that place from whence I escaped in the little Boat by the mercy of God far beyond all mens reason or my expectation arriuing at Rotchell vpon my complaint to the Iudge of the Admiraltie I found many good words and faire promises and ere long many of them that escaped drowning told me the newes they heard of my owne death These I arresting their seuerall examinations did so confirme my complaint it was held proofe sufficient All which being performed according to their order of justice from vnder the Iudges hand I presented it to Sir Thomas Edmonds then Ambassadour at Burdeaux where it was my chance to see the arriuall of the Kings great mariage brought from Spaine Here it was my good fortune to meet my old friend Master Crampton that no lesse grieued at my losse then willingly to his power did supply my wants and I must confesse I was more beholden to the French men that escaped drowning in the man of warre Madam Chanoyes at Rotchell and the Lawyers of Burdeaux then all the rest of my Country-men I met in France Of the wracke of the rich prise some three thousand six hundred crownes worth of goods came ashore and was saued with the Caruill which I did my best to arrest the Iudge promised I should haue Iustice what will be the conclusion as yet I know not But vnder the couler to take Pirats and the West-Indie men because the Spaniards will not suffer the French to trade in the West-Indies any goods from thence though they take them vpon the Coast of Spaine are lawfull prize or from any of his Teritories out of the limits of Europe and as they betraied me though I had the broad-seale so did they rob and pillage twentie saile of English men more besides them I knew not of the same yeere Leauing thus my businesse in France I returned to Plimoth to finde them had thus buried me amongst the French and not onely buried me but with so much infamy as such treacherous cowards could suggest to excuse their villanies The Chiefetaines of this mutiny that I could finde I laid by the heeles the rest like themselues confessed the truth as you haue heard Now how I haue or could preuent these accidents hauing no more meanes I rest at your censures but to proceed to the