Popham v. Havercombe, High Court of the Admiralty, 1609

This testimony is from a lawsuit by Sir Francis Popham and his wife Lady Anna Popham, the owners of the ship Gift of God, against John Havercombe the master of that ship alleging dereliction of his duty as master. The ship had come home very late and without any cargo. This is the response from John Havercombe with testimony by several people that he acted according to the commands of the president (George Popham) and council of the colony and executed these faithfully.

Francis Popham was the son of the Lord Chief Justice Sir John Popham and became the head of the Plymouth Company council in England after the death of his father in 1607. He was a soldier knighted in 1596, a member of the bar, a long-term member of parliament (1597-1644), and a frequent user of the law courts to settle disputes.

The outcome of the lawsuit has no affect on history, but it sheds light on some of the real people involved with the Popham Colony.

These transcripts were published in 1930 by Charles Edward Banks in the book “New Documents Relating to the Popham Expedition, 1607” and are partially in legal Latin and partially in English. Many words are abbreviated in both languages, and spelling is erratic in both languages. I have translated the Latin to modern English and modernized the spelling of English to match current usage. This is designed to make the text more accessible to modern audiences.

Popham v Havercombe
Francis and Anne Popham 1607 from tomb of Sir John Popham

National Archive, London (H.C.A. 3. 13/279). These records are not indexed or digitized.

Title

Sir Francis Popham, knight, natural and legal son, and Lady Anna Popham joint executors of the true will of Sir John Popham, late Lord Chief Justice of the lord King, against John Havercombe, master of the ship called the Gift of God.

Browne Williamson (attorney):

On this day, Williamson, attorney and legal councilor, claims that John Havercombe was fully correct, and he proceeded in all things in the best and most efficient manner.  The way and the form of law by which he can or ought to have done better or more effectively should be alluded to in the articles which follow.

  1. Item that in all the months of 1606 and in the months of March, April, May, June, July, August, September, October, November, December, January, and February of 1607, John Havercombe was honored by Sir John Popham, knight, to undertake a voyage from England to parts overseas known by the name of Virginia according to the direction and command of George Popham, president and others of the council of the lord King for the northern regions belonging to the Kingdom of England, was duly and legally constituted and appointed master of the ship named Gift of God.
  1. Item that for the years and months above, John Havercombe was an officer or master of this ship known as the Gift of God serving as a master of the ship Gift of God. During the voyage he served as the whole way of life, and on return arrested and repulsed publicly and notoriously.
  1. Item that John Havercombe in the years and months mentioned above sailed with this ship from England to the overseas place known by the name Virginia and landed safely there as above.
  1. Item that when the ship sailed to the parts of Virginia, George Popham was, by God, in those parts president of the council of the lord King in the northern regions and was duly and legally appointed as mentioned above.
  1. Item that presently upon the arrival of the said ship the Gift of God in the north parts of Virginia aforesaid the said John Havercombe master of the said ship the Gift of God did commit himself, his ship, and company and her lading unto the command and governance of the said president and others of the counsel aforesaid and did serve him and others of the council both with their boat and men and did all such service and labor as the said president and council did direct and appoint them. The above is true and well known.
  1. Item that shortly after the aforementioned about the 9th of October the Mary and John (wherewith the said Havercombe and the Gift of God was consorted) did depart from the said Havercombe and left the harbor of Sagadahoc in the North parts of Virginia before such time as the said Havercombe had dispatched the said Gift of God either of her victuals or salt and presently after the unlading of the salt and victuals aforesaid the said governor and others of the council aforesaid did determine to send the said Havercombe and his said ship presently for England but by reason of some speech of the people of that country that gave intelligence to the governor and others of the council that the French would come and besiege them the said governor and council commanded the said Havercombe and company to stay longer in the said country and not to depart. The above is true and well known.
  1. Item that by reason of the promises in the next precedent mentioned the said Havercombe and company with the Gift of God aforesaid were by commandment of the President aforesaid and others of the council aforesaid commanded to stay in the harbor of Sagadahoc aforesaid and there did by appointment of the said Governor and council remain with the said ship and company and kept watch and ward for the space of at least two months together. The above is true and well known.
  1. Item that during the aboard of the said Havercombe and company with the Gift of God aforesaid in the harbor aforesaid there happened much foul weather and ice in the said country the extremity whereof did much endanger and hurt the said ship the Gift of God whereupon the president and others perceiving it did give directions unto the said Havercombe to ballast the said ship and delivered unto the said Havercombe such store of victuals as they could well spare. The above is true and well known.
  1. Item that the said President and Council had not sufficient provision of victuals and other things to furnish the said ship to send for England when the said ship the Mary and John were gone for England but were forced by reason thereof a sail for that the said ship would have bine utterly spoiled by the ice and foulness of weather aforesaid to send the said ship for England as mentioned above.
  1. Item that the said President and council did appoint one Captain. Elliott Captain of the said ship the Gift of God in her return towards England and did give commandment and directions unto him and to the said Havercombe and company to depart with their said ship the Gift of God in her return towards England and did give Commandment and directions unto him and to the said Havercombe and company to depart with their said ship the Gift of God towards England with such small provisions as they could spare and appointed him the said Havercombe and Elliott to dispose of and sell 30 masts, a piece of ordinance, and any other thing of goods they had aboard the said ship at the Island of the Azores and appointed them to stay and victual themselves and Company there and fit the said ship the Gift of God with such necessaries as she wanted as mentioned above and at her arrival at the Azores had but two hogsheads of beer two hogsheads of bread and five days provisions of meat left.
  1. Item that the said Havercombe and company of the said ship the Gift of God after their departure from Sagadahoc aforesaid towards England were for need of victuals and for want thereof by the appointment of the said Elliot forced to put into the said Island of Azores where the said Elliott did by commandment of the Governor and Council aforesaid sell certain goods belonging to the said ship and company with victuals for the relief of the said company which otherwise would have perished for want thereof as mentioned above
  1. Item that before such time as the said Havercombe did put into the Azores with the said ship the Gift of God he and his Company were for want of drink forced to drink water and endured such penury and want that divers of the said company died for lack of food and others for want thereof (if they had not been speedily relieved) would likewise perished. The above is true and well known.
  1. Item that the premises and details were true, clear, and well known. The voice and fame of the facts in this matter demand rights and justice.

Lancelot Booker, City of London, has lived there for 15 years, born in the vicinity of Rotherham in York age about 33.

The witness was brought before the jury and examined on 5 July. He knows Francis Popham somewhat by sight and does not know Anna Popham.

Abstract

(Has already answered the first interrogatory concerning Havercombe)

(2) (3)  that on the 5th of July last this witness being in a ship of London called the Penelope belonging to Master Richard Holt homeward bound from the West Indies met with the said ship called the Gift of God about three score leagues from the Island of Flores bound for Virginia; whereof the said John Havercombe was master and George Popham Captain and they wanting a Cooper, having lost their consort intreated this witness to leave the Penelope and to go with them for Virginia, and made wages with him for 24/s the months end so this witness went for Cooper with the said Havercombe and knows that the said ship arrived in safety in the north parts of Virginia, and that the said Havercombe was master of the said ship all the voyage and as master behaved himself very painfully and carefully until the ship’s return into England.

(4) … that the said George Popham went in the said ship to Virginia to be the President of the Council in those parts and at his arrival there he was accepted and allowed for president and so continued there of this witness’ certain knowledge.

(5) … that after the arrival of the said ship the Gift of God at Virginia the said John Havercombe with the ship and company were under the command of the said President and Council there and did so serve them with their boat and persons in such labor and services as they were appointed unto from time to time by the said president and council of this witnesses knowledge being one of the company and cooper of the said Ship.

(6) (7) … that the said ship the Mary and John consorted with the Gift of God, about the beginning of October last, was by order of the said president and council sent back for England and the Gift of God was stayed by their order: also to be sent away when it should seem good unto them, and shortly after the departure of the Mary and John the salvages of the country gave intelligence to the said president and council that the French men would come and besiege them and thereupon the said Havercombe with the said ship and company were commanded to stay longer in the harbor of Sagadahoc and to keep watch and ward both a ship bord and ashore, so long as they continued there which was the space of 8 or 9 weeks as he remembers for this witness was present on ship bord and ashore all the said time and knows that the said ship the Mary and John was sent away from Virginia by the said president and council before the Gift of God was discharged of such salt and victual as were brought there from England.

(8) (9) . . . that during such time as the said ship the Gift of God remained in the said harbor of Sagadahoc by appointment of the said president and council there happened much foul weather and great floes of ice wherewith the said ship was much endangered and hurt for as he says the force of the ice one night struck in a piece of a plank of the said ship of a foot and a half long, so as if the same had not been presently spied and repaired the ship had been in great danger of sinking, and thereupon the said president and council gave directions to the said Havercombe to ballast the said ship and furnish her to return for England and delivered him such victuals as they could spare of this witness’ certain knowledge.

(10) . . . that the said Captain Elliott was by the said president and council appointed captain of the said ship the Gift of God in her return for England and for that they were not able to furnish the said ship with victuals to bring the company for England the said president and Council gave commandment and directions to the said Elliott and Havercombe to return for England and gave them such victuals as they could spare and gave them directions in writing to sail to the Islands of Azores or such other Island as they could get to and there to dispose and sell certain masts and a piece of ordinance and such other things as they had and to furnish themselves with victuals and repair the ship and fit her with such necessaries as she wanted: and this he knows to be true for he was present in the house of Captain Gilbert, when as the said directions were given in writing by the said president and council to the said Capt. Elliott and John Havercombe and this witness then read the same and saw that the said President gave the Captain a letter in Spanish and Latin which he willed him deliver to the officers of the Island at his arrival there.

(11) … that the said Havercombe and company of the said ship the Gift of God after their departure from the harbor of Sagadahoc toward England were for want of victuals enforced to put into the Island of Azores by the appointment of the said Captain Elliott and according to the directions of the said President and Council and there the said Captain Elliott did sell 33 masts and a cable and laid to pawn a gun belonging to the said ship to provide victuals and furnish the ship for the relief of the company and this he  knows to be true for that he tasted of the said want and saw the said masts and cable sold and the gun pawned to victual the said ship to come for England otherwise the company must have perished for want of his knowledge.

(12) . . . that the said Havercombe and company before they putt into the Azores were by reason of want enforced to drink and endured such penury and want that one of the company died before they came to the Islands and two more died before they came into England of his sight and knowledge and many others had perished also if they had not been relieved at the Islands.

Ad Interrogatoria

(I) … that coming from the West Indies in the Penelope and meeting with the said ship the Gift bound for Virginia he was hired by Captain Popham and John Havercombe at sea to serve as cooper in the Gift of God for Virginia and promised to have 24/s per month so long as he should serve in the said ship whereof he hath had as yet no part.

(2) . . . that this respondent came into the said ship the Gift of God at sea in the 5th of July last and knowsh that the Gift of God arrived in Virginia in August following and came thence on the 16 of December last bound for England and arrived at Topsham about the last of February last.

(3) . . . that the Gift of God was not coming home above six weeks as he remembers

(4) … he was present when as Captain Elliott and John Havercombe had commission and directions from the said president and council to sail to the Islands and sell the masts, spars, and other things to buy victuals. And the same was done in the house of Captain Gilbert in the town newbuilt there called St. George. And there were present George Popham President, Raleigh Gilbert, Gawyn Cary Robt, Seaman James Davies, Edward Harley, John Elliott of the Council, Master Foscue, John Havercombe, this witness, and who else he remembers not and the said directions were given in writing and were firmed by the President and some of the council how many he remembers not and yet as he says he had the commission in his hands and read it.

(5) … he doth not know what the masts were worth but thinks they were sold for their most value but he hath no experience in the value of such things.

John Diaman of Stoke Gabriel in Devon, sailor age 55 years.

The witness was sworn and brought before him. He has known Havercombe well for 12 years, he saw Francis Popham in May and does not know Anna Popham.

Abstract

That in the years and months said the said John Havercombe was master of the said ship called the Gift of God for a voyage to be made from the parts of England to Virginia said and that he was so hired by the said Sir John Popham knight, deceased, and as master during the whole voyage well and orderly behaving himself  and  said Sir George Popham went Captain outwards bound of the said ship which he knows to be true being the quartermaster of the said ship.

(2) … that the said John Havercombe did take upon him the place and office of master of the said ship the Gift of God during the said voyage and so was generally accompted and taken.

(3) … that about the begining of May or June last was 12 months the said John Havercombe this witness and company with the said ship the Gift of God set sail from the Sound of Plymouth for Virginia and arrived there in good safety about August following.

(4) … that the said George Popham went in the said ship from Plymouth to Virginia to be president of the council there and at his arrival in Virginia he was admitted and allowed for president and so held and accompted there of this witness’ certain knowledge.

(5) … being a quarter master of the said ship and present in her at Virginia under the command of the said president and council.

(6) (7) . . . that the said ship the Mary and John being consorted with the Gift of God was by order of the said president and council sent from Virginia for England before the victuals, salt and other provisions were unladen out of the Gift of God and it was determined that the Gift of God should be sent after very shortly, but upon a report that the French men would come and make spoil of them, the said president and council stayed the said ship the Gift of God and her company for a longer time who by commandment aforesaid kept watch and ward continually for the space of two months during there continuance there of this witness’ certain knowledge.

(8) (9) . . . that the water was very foul and the ice great whiles the said ship remained in the harbor of Sagadahoc in the north parts of Virginia for as he says the extremity of the ice was such that it broke in a plank of the said ship as she rode in the harbor to the endangering of the said ship if it had not been espied and amended of this witness’s knowledge then being in the said ship and by reason thereof the said president and council gave directions to the said Havercombe to provide his ship and take in his ballast to go for England and delivered him such victuals as they could spare at that present.

(10) … that the said president and council appointed the said Captain Elliott to be Captain of the said ship the Gift of God for England and gave directions in writing to the said Captain Elliott and Jon Havercombe the master to depart with the said ship the Gift of God for England with such victuals as they had, and to put in to the Islands to refresh themselves of victuals with the sale of such things as were in the ship, which he knows to be true for that he was present when as the said Havercombe received the said commission of the said president in presence of others of the council and hear it read affirming that the victuals were little and short at the said ships arrival at the Islands as namely there was not a hogshead of beer then left to his knowledge and about a hundred weight of bread and very little other provisions of his knowledge.

(11) … that the said Captain Elliott, John Havercombe and company according with said commission and directions of the said president and council being in great want of victuals put into the Island of Azores and there the said Captain sold a cable of 32 or 33 masts and spars to the Spaniards to buy victuals and pawned also a gun for that purpose according as he was directed by the said president and council of this witness’ certain knowledge then being present when as the said things were sold and pawned and victuals bought therewith otherwise the company must needs have perished by the want thereof as he thinks.

(12) … that two of the company of the said ship by reason of the want of victuals to bring them home were starved and died at sea and a third died also a little before the ships arrival in England of this witness’ certain knowledge. Besides many others must of force have perished if they had not been relieved in the Islands with victuals as aforesaid as he believes.

Ad Interrogatorum

(1) … he was a quartermaster in the Gift of God in the said voyage to Virginia and back again and was to have 25/s per month during the voyage whereof he have not received as yet any penny.

(2) . . . the said ship the Gift of God went out of England upon the said voyage about the beginning of May was 12 months, and arrived at Virginia in August as he remembers and stayed there about three months and came from thence in December last, a he remembers and arrived at Topsham about the 8th  of March last to his best remembrance.

(3) . . . the said ship was coming home seven or eight weeks and could not have come home much sooner as he thinks.

( 4) . . . that he was present when the said president said openly to the company that they should have commission to go to the Islands to victual themselves with the sale of such things as they had in the ship and he afterwards saw the commission and was present when it was delivered to the master in presence of sundry of the council and others.

Timothy Savage, sailor from the precinct of St. Katherine and previously at Horsey Downe, born in the parish of St. Bridget of London and is about 45 years old.

The witness in this case was sworn and on examination that he met Sir Francis Popham, knight, in early April of the previous year and by March would know him for a year and does not know Anna Popham.

(1) (2) (3) … that this witness was one of the quartermasters of the said ship the Gift of God in the said voyage to Virginia, and was hired and appointed to go on the same voyage by Sir John Popham late Lord Chief Justice of England, and knows that the said John Havercombe was master of the said ship by the appointment of the said Sr John Popham and so continued all the voyage.

(4) … that the said George Popham was president of the council in the north part of Virginia and went over in the said ship the Gift of God to take upon him the said place, and at his coming there he was accepted and taken for president of the said council of this witness’ certain knowledge who went with him in the said ship.

(5) … Who was a quartermaster of the said ship and an eye witness that upon the arrival of the said ship in Virginia the said Havercombe committed himself, the ship, and company to the said president and council and all was at their disposing and what they appointed and commanded was done by the said master and his company.

(6) . . . That the said ship the Mary and John was sent back for England by the said president and council  before the salt and victuals were discharged out of the said ship the Gift of God and it was intended by the said president and council that the Gift of God should be sent afterward very shortly: howbeit a rumor raised by the country people that the French men would come and besiege them the said ship the Gift of God and the company thereof were stayed for a long time by the said president and council of this witness’ certain knowledge.

(7) … that upon the said rumor the said Havercombe was commanded by the said president and council to stay in the harbor of Sagadahoc with the said ship the Gift of God and company and to keep watch and ward both aboard ship and ashore all the time they continued there of this witness’ certain knowledge.

(8) . . . that there happened very foul weather and much ice while the said the Gift of God continued in the said harbor of Sagadahoc whereby the said ship was greatly endangered and hurt, for as he says a piece of icee with the extremity of the frost broke in a plank in the said ship whereby such abundance of water ran into the ship that if it had not been presently spied and remedied the ship had been in peril of sinking. And thereupon the said president and council gave order that the ship should be ballasted and sent away for England and delivered him such victuals as they could spare to bring them home of this witness’ certain knowledge.

(9) (10) … that the said president and council had not sufficient store of victuals to spare to furnish the said ship with all to carry her for England and therefore gave commission and commandment to Captain Elliott who was sent home in the Gift of God, and to the said John Havercombe the master to put into the Islands of Treasures and there to sell such things as they had onboard and to furnish themselves with victuals to bring them home. And this he knows to be true for that he was present in the house of Captain Gilbert in Virginia when as the commission was written and made and signed and sealed by the president and council and openly spoken what the effect thereof was, but he cannot remember that the said commission was given to the said master at that time. At their arrival at the Islands there was none or very little beer left unspent and only a hogshead of bread left that he knows of.

(11) … that the said master by the appointment of the said Captain Elliott, in his journey towards England putt into the Islands of Treasures and there sold 33 masts and a cable and pawned a gun and therewith bought victuals according to their commission, otherwise they had perished at sea for want of victuals of his knowledge.

(12) . . . that their want of victuals was so great that one of the company died for want of victual before they came to the Islands, and two others were so weakened also that they died before they come into England and many others had perished likewise if they had not been relieved with victuals at the Islands as he verily believes

Ad Interrogatorum

(1) … he went quartermaster in the Gift of God interrogated the voyage aforesaid and was so placed by appointment of John Havercombe master of the said ship the said voyage. And he was to have 33/s per month and did receive one month’s wages of the Lord Popham deceased and received of Sir Francis Popham 3 pounds more in part of his wages for the said voyage.

(2) . . . the said ship went forth on her voyage about the first of May was 12 months and arrived in Virginia in August following, and stayed there about four months, and arrived back again for England at Helford in Cornwall in February last past, and says that he was in the Gift during all the voyage both outwards and homewards until her coming to Topsham upon the 12th of March last, and there the said Sir Francis promised to pay this render and the rest their wage which was unpaid, but as yet hath not paid this render nor any of the rest to his knowledge

(3) . . . they came from Virginia the 15th of December and arrived at Helford (Cornwall) about the 13th of February and might have come sooner if they had not wanted victuals, and came as directly and as fast as they could and as wind and weather did give them leave.

(4) … that Captain Elliott and the master had order by writing from the president and council at Virginia to go to the Treasures and to sell anything in the ship to buy victuals to bring them home, for this meeting was in Captain Gilbert’s Chamber at Virginia when the said order was a written and saw Captain Gilbert write the same together with the council and saw it sealed.

(5) unknown

(6) see above

 

John Fletcher of Limehouse, sailor, age 27 years.

Witness was sworn in at this point and on examination says that has known John Havercombe since May of the previous year, he has known Francis Popham for a short time of about a year, and he does not know Anna Popham

(1) (2) (3) … for this witness was hired by the late Lord Popham to serve in the said ship the Gift of God for the said voyage and continued in her all the voyage outwards and homewards, and knows that the said John Havercombe was master of the said ship on the said voyage by order and appointment of the said Lord Popham and so continued all the voyage.

(4) … That the said George Popham at such time as this witness and company arrived at Virginia was president and governor of the English Company there and so remained at their coming from thence which he knows to be true for that he was there and saw the said Captain George Popham execute the place as president and governor there.

(5) … That the said Havercombe this witness and company presently upon their arrival at Virginia did commit the ship the Gift of God to the order and directions of the said George Popham together with themselves and the ship’s lading, which he knows to be true being one of the company and an eye witness of the premises.

(6) … that the said Mary and John was sent for England from Virginia before the Gift of God discharged her lading which she carried there, and the president and council did report they would send the Gift after the Mary and John so soon as they could but in the meantime there was a speech that certain Frenchmen would besiege the English company at Sagadahoc in Virginia, and upon that report the Guf of God was stayed there for a longer time by the president and council there, which he knows to be true.

(7) . . . that by the reason of the rumor aforesaid the said Havercombe and company were enforced and command by the president and council to stay in the harbor of Sagadahoc with the ship the Gift of God and to keep watch and ward on board all the time they continued there of this witness’ certain knowledge being one of the company as aforesaid.

(8) . . . that in the meantime of their stay as aforesaid there happened great ice and endangered the ship the Gift of God and the president and council there perceiving it caused the said Havercombe to ballast his ship and stored them with such victuals as they could spare and sent them to the Islands to provide more victuals and so to come for England.

(9) (10) … That the president and council had not sufficient store of victuals to furnish the Gift of God to send her for England, and thereupon they gave commission to one Capt. Elliott who came along in the said ship and to the master to go to the Islands of Azores and there to sell such masts and other things as they had onboard and could spare and to provide victuals therewith to carry them for England which he knows to be true for this witness heard the president give the said order unto the master, and afterwards saw the president and councils hands and seal to a writing onboard in the master’s hands whereby it appeared that the said Elliott and the master were authorized as is said, and afterwards he heard the said master and company say that he had the said commission to Captain Elliott at the Azores.

(11) … that the said master by appointment of the said Elliott and the master sold certain masts and other things to buy victuals to relieve them and to bring them home otherwise they might have perished of this witness’ certain knowledge being one of the company as aforesaid.

(12) . . . that one of the company died before they came to the Islands for want of victuals and two more were very sick and could never return but died before they came into England, and many more would have perished if they had not put in to the Islands aforesaid and there provided victuals as aforesaid of this witness’ certain knowledge because their provision was so scant before.

Ad Interrogatoria

(1) . . . he was hired by the Lord Popham deceased to serve in the said ship as a common man the said voyage and was to have 20/s per month, but as yet hath received but six pounds and make account to have six pounds and ten shillings more for after that rate and time he served in the ship.

(2) . . . the Gift of God went out of England about the beginning of May last was 12 month and arrived in Virginia in August following and stayed there until December following, and arrived back again at Topsham about the 8th of March last past.

(3) … the Gift of God might have come for England sooner than she did if they had not wanted victuals and gone to the Islands as aforesaid but could not have come any sooner howsoever as he believes

(4) .. . he was present in the old Storehouse at Sagadahoc when as the President appointed the master to sell mast and other things abord the Gift of God at the Treasures and to buy victuals as aforesaid, and afterwards the president and council gave commission to the same purpose under their hands and seal as aforesaid.

(5) no response required.

(6) see above.

 

John Elliott, gentleman of Newland Fee in Essex age 24

Saturday the 23rd of June 1608

John Elliott was the captain of the ship on the return voyage which means he was in charge of defending the ship and was in charge of the cargo. John Havercombe was the master in both directions and was in charge of all things concerning sailing the ship.

The witness was produced, sworn, and examined. He says he knew Sir Francis Popham for about one year, and John Havercombe about the same amount of time. He does not know Lady Anna Popham.

(1) … that the said Lord Popham deceased in the said years and months was accounted owner of the said ship the Gift of God and of her tackle, apparel, and furniture and was set out for Virginia by the said late Lord Chief Justice and the rest of the Adventurers in that action.

(2) … he knows the said ship was sufficiently furnished with all things necessary for the voyage outwards of his knowledge who went from England in the said ship to Virginia. And the cable and gun and a roll of canvas mentioned in the said article were in the said ship outwards bound of his knowledge.

(3) . . . he knows that the said John Havercombe was appointed master of the said ship the Gift of God for the said voyage by the said Sir John Popham, and according to his directions the said Havercombe went master of the said ship in the said voyage of this witness’ certain knowledge.

(4) … that after the arrival of the said ship at Virginia the said ship stayed there from the 14th of August to the 16th of December following and then the President and council there gave directions to the said Havercombe to sail directly for England with the said ship and fifty men and boys and a proportion of victuals for six weeks according to the said number of men by avoirdupois weight was allowed to the said Havercombe to bring the said ship and company for England and this witness being appointed to return home in the said ship told the said president that the said ship was coming from England ten weeks and odd days, and he feared the said proportion of victuals would be little to bring them for England, and he answered that they had the sea, the Banks for fishing and the Islands to friend if they were scanted of victuals, and appointed him to sell anything in the ship rather then they should be in want in their return which he affirms to be true.

(5) … that the said Havercombe having his directions to come for England came from Virginia, and kept his direct course towards England, until he and company were come on the height of the Islands or thereabouts and then there was a general mutiny in the ship amongst the company that they wanted victuals and should be starved if they had not supply. Wherewith this witness being appointed Captain of the ship, was made acquainted therewith and told the master and company that they were appointed to go directly for England, and that if they should go for the Islands and make any stay there, they should greatly wrong the company left in Virginia for that their want of victuals there required all haste that could be made for England to send them supply, and the company of the ship answered that their want being at sea was more desperate, and that they should perish if they were not relieved. Whereupon this witness consented they should go for the Islands of Treasures and sailed there accordingly and stayed there 8 days, and in that time there was sold by the consent of this witness, the said Havercombe, and the officers of the ship: one cable, one gun, 30 spars. That this witness knew of one role of canvas and some ropes belonging to the said gun and nothing else to his knowledge, and 32 pounds sterling made thereof as he remembers and bestowed all in victuals together also with three pound of this witness’ money for the use of the said ship and company. This was required except he thinks that they might have come for England with the victuals that they brought out of Virginia if the master and company had been sparing and would have dealt honestly with the said victuals, and the rather for that they had three barrels of bread and a bushel of peas in the ship as he hath heard, more than this witness had knowledge of and themselves with drinking of whole cans of beer not to confess it as he hath been told by Peter Grislinge of Plymouth master’s mate and John Diamand one of the quarter masters.

Ad lnterrogatoria

(1) . . . he has known Sir Francis Popham, Knight, about a year and came to speak his knowledge in this cause by the means of the said Sir Francis as a negative response.

(2) … he was appointed by the late Lord Chief Justice to go on the said voyage, and knows that the said Lord Chief Justice, Sir Ferdinando Gorges, Sir Francis Popham, Sir Bartholomew Michell and others are Adventurers in the said voyage.

(3) . . . the said ship arrived at Sagadahoc in the north parts of Virginia and a president and council were sent over to continue there, and upon the arrival of the said ship there the said Havercombe submitted himself to the commandment and directions of the president and council and he and the company served them with the boat and their persons in such service and labor as they were appointed to.

(4) … he knows not whether the Mary and John was sent back for England before the Gift of God was unladen of all her lading for as he remembers the salt for the most part and the beer was unladen out of the Gift with some bread after the Mary and John was gone. And says it is true the Gift and company thereof were stayed in the country for a long time upon a rumor spread that the French would come and besiege them.

(5) … that the said Havercombe and his company were commanded to keep watch during the time they stayed in the river of Sagadahoc and in that time there happened great store of ice which did harm the said ship as the said Havercombe complained and upon consideration had by the president and council the said Havercombe was sent away for England with the said ship and had such victuals as is before declared.

(6) … he hath answered his knowledge before to this interrogatory whereunto he refers himself.

(7) . . . that the sailors in the said ship under band as he believes consumed and spilt more victuals than necessary to, drank in excess and by reason thereof the rest were in want and a mutiny grew amongst them when they perceived they were come unto the height of the Islands and thereupon they put into the Islands with this respondent’s consent to make supply of victuals.

(8) There was no saltwater drunk in the voyage to his knowledge neither does he know what victuals were left when they arrived at the Islands. And says that one of the Company died before they came to the Islands, partly for want of victuals and partly by his own beastliness in not cleaning himself of lice and vermin, and two others died afterwards in the like manner.

(9) … he thinks that many more might have died if they had not been relieved at the Islands for that they had wastefully spent there victuals before.