The court was called upon to settle a controversy between Captain William Tucker and Mr. Roland Graine about a boat. A Mrs. Hurte was named as the owner of another ship in the colony, the Truelove, formerly owned by John Cross, deceased in England. A much discussed case was that of William Bentley, on trial for the killing of Thomas Godby, which resulted when Mr. Conge's boat ran ashore at Merry Point, near William Parker's house. While there, Bentley, who had arrived in the boat, got into a quarrel and fight with Godby, and was accused of killing him.
These Court records show that most of the cases concerned vessels built in the colony: boats, pinnaces, and shallops. The ships mentioned were evidently of English make. The shallop was the most popular boat for use in the colony. It was a small boat from sixteen to twenty feet in length, fitted with one or two masts and oars, and suitable for exploring the creeks and rivers, collecting corn from the Indians, and transporting tobacco to waiting ships.
Shipbuilding on the Eastern Shore
The Eastern Shore records are among the earliest in Virginia. Shipbuilding in the early days has been ably discussed by Dr. Susie M. Ames in Studies of the Virginia Eastern Shore in the Seventeenth Century. In 1630, John Toulson, or Poulson, built a pinnace at Nassawadox in which he had one-half interest. Richard Newport, one of Captain Christopher Newport's sons, while living in Northampton County, bought a shallop from the carpenter, Thomas Savage, for the use of the merchant, Henry Brookes, for which Savage was paid twenty pounds sterling. William Berry, another Eastern Shore carpenter, made an agreement with Philip Taylor, one of William Claiborne's men, during the Kent Island controversy, to make him a boat, twenty by ten feet, provided Taylor furnished the boards for the deck between the forecastle and the cabin. For this, Berry was to receive two cows with calf and four hundred pounds of tobacco. During the dispute over Kent Island, a pinnace, belonging to Captain Claiborne, was taken by the Marylanders.
Obedience Robins, a well-known citizen of the Eastern Shore, acquired from the boatwright, William Stevens, a shallop, twenty-six feet in length, with masts, yards, and oars. He owned a pinnace also, which he had named Accomack. A number of lawsuits on the Eastern Shore in the 1640's, involved boats and ship materials. Philip Taylor was indebted to William Stevens for one house, four days on a shallop, valued at one pound sterling, six gallons of tar, and 1250 nails of various sizes. Payment was ordered made to the overseers of the estate of Daniel Cugley of one small boat, twenty-four yards of canvas, twenty gallons of tar, and ninety ten-grote nails, supplies for making a boat. Another court order concerned the delivery of a boat, and 3500 six-penny nails lent by John Neale. Ambrose Nixon testified that he and his mate had built a boat for Randall Revell. In 1638, two planters of Accomack, Nicholas White and one Barnaby, made voyages to New England in their own vessels. The names of Walter Price and Christopher Stribling shipwrights are listed in the early records of Northampton County.
Encouragement for the Building of Ships
The General Assembly of Virginia encouraged shipbuilding by such laws as those enacted during 1662: "Be it enacted that every one that shall build a small vessel with a deck be allowed, if above twenty and under fifty tons, fifty pounds of tobacco per ton; if above fifty and under one hundred tons, one hundred pounds of tobacco per ton; if above one hundred tons, two hundred pounds per ton. Provided the vessel is not sold except to an inhabitant of this country in three years."
Other encouragement by Virginia to owners of vessels, built by them, was the exemption of the two shillings export duties per hogshead of tobacco; the exemption from castle duties; the reduction to two pence per gallon on imported liquor from the four pence required of foreign vessels; and the exemption from duties imposed on shipmasters on entering and clearing, and for licenses and bond where necessary.
The English government discouraged manufacture in the colonies that would compete with home manufactures, but the building of ships was an exception. England needed ships and granted the colonies the right to build as many as they could. Throughout the whole period of royal government, there were enacted various laws remitting the duties on imports brought in on native ships and remission of tonnage duties. This aroused the resentment of the English shipbuilders, who had endeavored to put a stop to the building of ships of any size in the colonies. They were alarmed, too, at the laws passed in the colonies to encourage shipbuilding and complained that they had been discriminated against. Resolutions were passed by Parliament to investigate such laws framed in the colonies, and a bill, based upon these resolutions was proposed, but never introduced.
However, in 1680, Governor Culpeper was ordered to annul the laws exempting Virginia owners of vessels constructed in the colony from duties on exported tobacco and castle duties. The grounds upon which this order was based were (1) the injustice of granting privileges to Virginia ship owners, not enjoyed by the owners of English vessels, trading in Virginia waters; (2) the success of the navigation laws would be impaired by creating a Virginia fleet, able to transport tobacco, without the assistance of English vessels; and (3) owners of English ships might be tempted to order them as belonging to Virginians. Since the Virginia fleet in 1681, was composed of two ships, as mentioned by John Page, in a petition to Lord Culpeper, the English were thought to be unnecessarily alarmed.