University of Virginia Library

CCCLXII. Virginia Company. Response to the King's Letter of
May 18
May 25, 1623

First whereas Yor Matie is pleased to Commaund that none be p̢sent at
the Courtℯ or Committees of the Companie dureinge the Contynuance of
the said Com̃ission but such as haue Men nowe or lately planted vpon
theire shares and that are at this instant engaged (and accordingly pur-
suig) the sendinge of men or supplies by the next shippinge Yor Matie
may be graciously pleased to take notice that the Companie for Virginia
Consistinge of aboute One thowsand p̱sons Adventurers by purse (besidℯ
some fewe others admitted accordinge to the expresse libertie of Yor
Matℯ graunt as namely the Lo: Marques Hamilton the Earle Marshall the
Earle of Carliel and some others of yor Matℯ Courte as Sr Henry Mildemay
and a very fewe principall officers and eminent p̱sons that by sundry good
offices haue des9ued well of the Companie all wch haue free accesse and
voices in theire Courtℯ by graunt in yor Matℯ ɫres Patentℯ vnder yor great
seale of England to suspend that originall libertie graunted by Yor Matie

and to exclude them from the moste important Consultac̃ons of the
Company as they conceive it to be noe Way in the power of the Company
to doe, as beinge Contrary to yor Matℯ ɫres Patentℯ soe it must needℯ be
to theire vnderstandinge a gen9all dishartninge of all men and a p̢sage of
future evill and as they feare will Cause this great Worke to be forthwth
abandoned.

Secondly by Yor Matℯ ɫres Patentℯ there can be noe Courte kept vnder the
number of Five of the Councell and Fifteene of the Gen9allitie wch nomber
is impossible to be made vp at this p̢sent wthin theis limitac̃ons nowe
p̢scribed by Yor Matie

For yor Matie may be pleased to be informed that although the engagement
and adventures of the most of them that doe nowe vsually followe and
attend the Cortℯ (except those only that haue of late opposed the Company)
be very greate and too many of them the best parte of theire estates yet
very fewe of them either nowe or formerly haue had any men planted on
theire perticuler shares it beinge the Custome for divers to ioyne together
in one body or ioynt stocke, and the like Course is held in Magazines and
all other Adventures the retornes whereof beinge dayly expected will noe
doubt drawe them on to a newe and Contynuall supplie both of Men
and provision.

But if for any the least tyme the care of them should be neglected (and
otherwise then in publiq̢ Courtℯ and Com̄ittees they cannot treate nor
order them) there must needℯ followe an inevitable p̢iudice if not vtter
ruyn of all mens estates there and here and a Certeyne stoppe to that happy
Way of the Plantac̃ons encreas wherein nowe it runnes: Wherevnto not
only those whoe doe nowe bringe in moneyes and make supplies but divers
likewise of the Auncient Adventurers whoe havinge by the misgovernmt
of former tymes lost all theire former adventure can nowe hardly be p̱swaded
to adventure anewe, Yet theire p̢sence in the Courtℯ theire Advice theire
industry and other manifold assistance encourageth dayly a multitude of
able Planters in p̱son to transporte themselues thither and soe to advance
the Plantac̃on: Besidℯ a greate parte of theis beinge men of qualitie when
occasion of publiq̢ benefit as fortificac̃on or other provision for the strength
or benefitt of the Collonie shall require the gen9all Contribuc̃on of the
Adventurers are and haue beene ever the most ready of all others to lay

out theire moneyes as men not fixeinge theire myndes on the hope of hasty
gayne from a private Plantac̃on.

Soe that to debarre and exclude them even in this regard much hinder and
sett backe the encrease of the Plantac̃on by depriveinge the Courtℯ of soe
many able and vnderstandinge p̱sons, and soe well versed and experienced
in the busines [2] besides that the good and fayre Carriage of the busines
theis last foure yeares hath soe wound vpon divers of the said auncient
Adventurers as they doubted not to haue had newe and fresh supplies
from them before this; in Case theis late troubles and distracc̃ons had not
happened And soe much the more doe they Conceive it needfull that the
Courtℯ be nowe frequently attended in respect of that gen9all discour-
agemt given by that Vnmaskinge of Virginia p̢sented vnto yor Matie by
Capt Butler Soe that if by the p̱formeinge of this Yor Matℯ Com̃aund the
said Courtℯ and other meetingℯ should for the tyme be discharged (wch
they Conceive will of necessitye followe, if Yor Matℯ Com̃aund herein be
still Contynued) must needℯ breed an instant dissoluc̃on of this great
Worke wch would be hardly ever possible by or meanes to be sett vp againe.

Touchinge the later point of Yor Matℯ said ɫre wherein you are
pleased to forbid that noe Complaint be brought to the Com̃issioners
against any man in the name of the Councell or Companie but that the
Complaynantℯ subscribe their Complaintℯ wth theire owne names Wee
hold orselues bound in the greatest bond of dutie to signifie vnto yor Matie
that wee Conceive that in effecte this will tend to noe lesse then an ex-
empc̃on from any Complaint to be brought against any of those tymes and
p̱sons Wherein and by Whome huge sum̃es were in greatest parte mispent;
Yor Matℯ gratious instrucc̃ons and direcc̃ons violated or neglected the
Plantac̃on oppressed, robbed, and ruyned and other outrages of very high
nature Com̃itted by rovinge and robbing on the spanish Territories in the
West Indies and faction lately begunne and maynteyned in the Courtℯ
and Companie All wch havinge beene done to the wronge of the publiq̢
and Countenanced by some of or societye there is noe p̱ticuler p̱son or
p̱sons to be found of all the Company as Wee Conceive whoe for prosecute-
ing of theis publiq̢ iniuries will expose themselues to soe much private
Mallice and to such sharpe revenge as hath beene threatned heretofore in
some of theis Cases.

And they humbly desire that yor Matie wilbe further pleased to take
knowledge that the principall Wrongℯ and iniuries wch they shall complaine
of haue not beene done to any p̱ticuler. For if Sr Thomas Smith haue not
rightly disposed of the moneyes in his Charge, it is not a Wronge to any
private man but to the Companie. If Sr Samuell Argall hath ruyned and
made deprdac̃on of the Colony in Virginia the iniurie is not to any p̱ticuler
p̱son but to the Company. If by sending out a shipp by Capt: Argall and
his Partners to make spoile vpon the spanish territories in the West Indies
there had followed that mischeife wch was both threatned and feared by
theire takeinge revenge vpon the Colony in Virginia that had not beene the
losse of a p̱ticuler, but of the Company. If that intenc̃on of Capteyne
Butlers in his paper of Vnmaskinge of Virginia had taken his desired effecte
to the disgrace and Consquently ruyn of the Plantac̃ons private p̱sons
might suffer but the Notorious iniurie is done to the Company, and soe
they might instance in diu9s other p̱ticuler offences done to the body of
the Companie and not to any p̱ticuler p̱sons.

And for iniuries done to anie private p̱sons except it be the Complaint
of a multitude the Company ever intended to leave them to their owne
p̳secuc̃on And what they shall doe as an vnited body, they doe not nor
cannot wth any p̢tence of reason goe aboute the Acte of the Courte to
p̢occupate the iudgmt of Yor Matℯ Com̃issioners, or to oppose therevnto
any such Acte [3] of Courte. But as the Informac̃on of anie p̱ticuler
man, is the Acte of that one man and standeth only but as his accu-
sac̃on Soe they humbly beseech Yor Matie that this exhibic̃on of their
Complaintℯ may be taken as the Acte of the Courte Complayninge, not
iudginge, for they acknowledg the iudgmt to belonge to Yor Com̃issioners
but im the impleadinge to belonge to the body of the Company. For by
Yor Matℯ gratious graunt in Yor Matℯ ɫres Patentℯ they are in expresse
Wordℯ made a Corporac̃on and to be Called by the name of the Treasuror
and Companie of Adventurers and Planters of the Cittie of London for
the first Colony in Virginia and by that name enabled to pleade and to
be impleaded as all other Corporac̃ons are; The Company therefore
havinge never had Cause to thinck that Yor Matℯ pleasure is to take
away this originall and essentiall libertie by Yor Matℯ said gratious ɫres
Patentℯ graunted to them, Cannot conceive that Yor Matie meaneth
that if the Vnited body of the Companie haue received wronge they may

not alsoe p̱secute the lawe against such as haue done the same whether
he be an Accomptant to them, or haue robbed pilled or defrauded them
in their substance, or done them any other iniurie aswell as any other Cor-
porac̃on or private p̱son may doe though the Wordℯ of Yor Matℯ said ɫre to
the greate greife of Yor Petic̃oners seeme to importe the Contrary. But
for such iniuries as any private man shall p̢tend to haue beene done
him it was never intended to p̳secute them in the name of the body of the
Companie; but to leave them to theire seu9all private Complaintℯ.
For they conceive it not to be accordinge to lawe either for the Com-
pani[e] to followe private mens Causes in the name of their body, nor for
any privat man or men to p̳secute in his or theire owne names the causes
of the Corporac̃on.

Knowinge it therefore to be agreeable to Yor Matℯ iust and gratious
purpose that both parties finde the like indifference of tryall and aseured
that it is tendinge to Yor Matℯ pious endℯ that abuses on all sides Where
they are to be found should be discou9ed that soe they may be alsoe re-
formed; Yor Suppltℯ most humbly beseech Yor most gratious Matie
(Consideringe that the one partie is the vnited body of the Company and
the other partie a very fewe private p̱sons wch never appeared to exceede
sixe and twenty in nomber and not aboue foure or five of them at the most
that wee knowe that haue for theis last foure yeares brought either money
or Councell to the Acc̃on, and the rest of them especially the principall
beinge those against whome the Companie most Complayne) that the said
body may p̳secute theire iuste and greate greifℯ in such sorte as it is only
possible by them to be prosecuted.

[Indorsed by Sir Nathaniel Rich:—] Coppies of the petic̃on & Reasons deɫ
25 May to the kg. concerning the Courtℯ & Complaintℯ of the Virginia
Company in answer to his Matiℯ ɫre.