 | The records of the Virginia Company of London |  |
At a Virginia Court ∥held∥ the 19th of Iune 1622
| Sr Edwin Sandys. | mr Bull. | mr Mellinge. |
| Sr Nich: Lawer. | mr Palmer. | mr Barbor. |
| mr Nich: ffarrar Dpt̃. | mr Caswell. | mr Towler. |
| mr Gibbs. | mr Iacobson. | mr Sparrowe. |
| mr Brooke. | mr Essington. | mr Ley. |
| mr Iermyn. | mr Swinhowe. | mr Addison. |
| mr Wilmer. | mr Meuerell. | mr Iefferrees. |
| mr Io ffarrar. | mr Widdowes. | mr Rossingham. |
| mr Steward. | mr Baynham. | mr Capps. |
| mr Binge. | mr Viner. | mr Grindon. |
| mr Paulavicine. | mr Penistone. | mr Dawes. |
| mr Ro: Smith. | Capt: Tucker. | mr Peirse. |
| mr Shippard. | mr Wynn. | mr Clarke. |
| mr Barnard. | mr Geo: Smith. | with diuers others. |
| mr Iohnson. | mr Kingston. | |
| mr Geo: Butler. | mr Rogers. | |
| mr Copland. | mr Hackett. | |
| mr Balmford. | mr Gookin.[9] | |
| mr Iadwin. |
Mr Deputy acquainted the Court that Sr Nicho: Lower whose Breth-
ren had bin large Aduenturers longe agoe, was nowe himselfe resolued
to come into this buissines, wherevnto alwayes he had borne a zealous
affecc̃on and had brought in 25li for the purchase of two shares wch
the Court verie gladly accepted ∥of∥ and a Bill of Aduenture was
Sealed vnto him for two shares and the money deliuered to mr Iohn
Cuffe the Companies Casheer.
It pleased the Right Honoble the Lord Cauendish to passe ouer one of
his shares of land in Virginia vnto mr Hobbs wch beinge allowed of by
the Auditors was also approued and ratified by the Court.
After the readige of the former Quarter Court mr Deputy acquainted
the Company with diuers complainteℯ that had bin exhibited to his
Matie by petic̃ons against the Virginia Company, wch his Matie had bin
graceously pleased to referr to Sr Christofer Perkins one of the Mais-
ters of Requesteℯ with order to call the Deputy of the Company and
some others before them to require their Answeares therevnto;
Accordingly himself and some other of the Companie had bin before
Sr Christofer Perkins, where they found diuers petic̃ons had bin
preferred against the Companie where they also found Capt: Martin
and Captaine Hazell attendinge their cominge who had exhibited two
petic̃ons to his Matie complayninge in their first that the Virginia
Companie denied him the said Captaine Martin the fruic̃on of those
priuiledges contayned in his said Patent, wherevnto the Companie had
former[mer]ly giuen their Answeare: in their second petic̃on to his
Matie Capt: Martin and Capt: Hazell (with many others vñamed)
entituled his Matie to a large parte of Virginia beinge fower score miles
in circuite wch should be sett out by Sr Tho: Dale as the Kings fforrest. [20]
To the Kings moast excellent Maty
The Humble Petition of Captayne Iohn Martyn esq
And Captayne Robert Haswell wth many others.[10]
Humbly sheweth to yor most excellent Matie that whereas in time of
Sr Tho: Dale Gouernor for yor Matie in Virginia there was a great
quantitie of Woodland Marish and other grounds beinge in circum-
ference by estimac̃on fower score Miles or thereabouteℯ for wch ground
he did compound with Powhatan the Indian Kinge or cheife of that
place and bounded the same out with markeable Trees and other
Markeℯ of perpetuall knowledge and remembrance with a solemne
comaundinge notice to giuon ∥be taken∥ thereof and to be alwayes
entituled and called the Kingeℯ fforrest.
In wch fforrest of yor Mats there is of Deare and wild Swine a verie
great number that beinge preserued with care and iudgement from
the continuall hauocke and spoile that is and wilbe made of them and
their brood, By wch preservac̃on yor Mats Colony may be continually
nourished and Shippinge at all times plentifully victualled with Corne
and Porke Baken and Deeres fflesh besideℯ there is many other prof-
fitable Comodities alleady knowne
Yor Petitionrs therefore most humbly beseecheth yor most
sacred Maty to be pleased to take the said fforrest into yor owne
handeℯ and to appoint some honoble person to ∥be∥ the Com̃-
ander thereof, authorisinge him to giue order for Plantac̃ons
thereon for yor Mats best behoufe and proffitt Giuinge order
also for a Iustice of oyer and Rangers and other officers as
shalbe thought most convenient for the said fforrest and Plan-
tac̃on.
And yor Petic̃oners shall praye for yor Mats happie and longe
raigne ouer vs.
Vnto this Petition as a matter of great consequence Sr Christofer
Perkins required in his Mats name a speedie Answeare: Wherevpon
the Counsell hauinge mett in the morninge, and taken it into con-
siderac̃on framed an Answeare therevnto wch doth here ensue. [21]
The Aunsweare of the Counsell and Compagny for Virginia assembled in a
generall Courte to the Petition of Captayne Iohn Martyn and Capt: Robert
Hassell wth many others unnamed touching that which they call the Kings
Forrest in Virginia[11]
The sayde Counsell and Companie for aunsweare therevnto saye that they
acknowledge no Kinge of Virginia but Kinge Iames, of and vnder whome
they hold and not from ∥king∥ Powhatan so named by the Petitioners.
True it is that for a permanent honor as well to his royall Matie the ffounder
of that Plantation as also ∥to∥ his Princely Issue they haue named both their
Matie and of his Children wch they suppose doth noe waye alter the proprietie
of Inheritance in those places wch his Matie by his letters Patenteℯ vnder his
great Seale hath graunted to the said Companie for and throughout all
Virginia.
Touchinge the Kingeℯ fforrest so named in the petic̃on, it is a name happily
knowne to Capt: Martin and his Associateℯ but not to the Company and in the
circuit of that Territory wch they are pleased to call the fforrest are placed
both Iames City beinge the principall Citty in Virginia and place of residence
for the Gouernor & Counsell and also diuers other principal plantac̃ons and
namely that of the Citty of London.
Touchinge the Deere it is true that generally the whole Countrie of Virginia
is replenished with them, but for the Swyne they are no other then ye breed
of such as haue bin transported thither by the Companie: And it is strange
vnto them yt Capt: Martin who is said to haue ruined aswell his owne State
(if euer he had any) as also the estate of other who put him in trust (as namely
Capt: Bargraue) & who hath made his owne Territory there a Receptacle of
Vagabondeℯ and bankerupteℯ & other disorderly p̱sons & whereof there hath
bin made publiq̢ complaint and who is famous for nothinge but all kinds of
base condic̃ons so published in print by the Relaters of the proceedingeℯ of the
Colony aboue 10 yeares since, and who for the said condic̃ons was Displaced
by the Lord D' Lawarr from beinge of the Counsell as a most vnworthie per-
son and who hath presumed of his owne authority (no way deriued from his
Matie) to giue vniust sentence of death vpon diuers of his Mats Subiecteℯ & seen
the same put in cruell execuc̃on, should dare to offer himselfe to his Sacred
Matie as an Agent either for matter of good husbandrie or good order.
And as for Capt: Hazell he is neither Aduenturer in the Companie nor Plantr
in Colony but a meere strangr to both nor otherwise knowne vnto them then
as an Interpreter to a Polonian Lord of his owne creatinge.
But if his Matie should be pleased to giue ∥haue∥ a Royall demeasne sett out
for his Maty his heires and Successors in Virginia to be and so be called for
euer, the Kingeℯ land there could be nothinge more ioyfull to the said Counsell
& Companie nor wherein they would more willingly imploy their vttermost
endeauors for the advanceinge of a perpetuall standinge Revenue to his Matie.
The Court entred into an exact discussement of all the perticular
pointeℯ therein, and hauinge heard it twice read confirmed the same,
and for deliuery thereof to Sr Christofr Perkins, they humbly besought
the Lord Cauendish the Lord Haughton Sr Edwin Sandys, and desired
the gentlemen that had formerly bin with Sr Christofor Perkins to
attend them. [22]
Mr Peirs the Capemarchant takinge notice of Captaine Martins Deniall
of protectinge any within his Territories from arest for debt affirmed
that havinge deliuered divers Warranteℯ to the Prouost Marshall of
Iames Citty in Virginia, to be serued vpon men that were indebted
lyvinge loosely within Captaine Martins Plantation, the Prouost Mar-
shall told him that the said Capt: Martin resisted the Officer and
drewe Armes vpon him and would not suffer him to execute the said
Warranteℯ.
Wm Capps and one Grindon also affirmed that it was comonly reported
that Capt: Martins Plantation was a place of refuge for such as were
indebted whither they com̃only fled and were protected.
Captaine Rossingham likewise affirmed the same and that if Capt
Martin had bin of power, there had bin no livinge in Virginia.
Mr Jefferson reported likewise that to his knowledge Captaine Martin
beinge sum̃oned refused to obey the generall Assemblies.
As each man had deliuered this his reporte of Captaine Martin the
Court caused it againe to be read vnto euery of them who affirmed the
same to be truely sett downe as they deliuered it nowe openly in Court,
and that they would be ready to iustifie the same vpon their oath.
Mr Deputy further presented a petic̃on that one Adam Dixon had
exhibited to his Matie. Also an Attestac̃on of greivances in Virginia
exhibited by one Wm Kempe, vnto both wch Sr Christo: Perkins in
his Mats name required the Companies Answeare:
Accordingly wherevnto the Companie ∥Counsell∥ had drawne two
seuerall Answeares.
To the Kings most excellent Maty
The humble petition of Adam Dixon of Virginia[12]
Humbly sheweth to your most Excellent Matie that whereas yor Petic̃oner was
hired for Virginia for the seruice of the Companie and Colony as mr-Calker
of the Shippe and Vessells as occasion requireth and there to serue them for
the space of 3 yeares at the rate of 36s the Moneth wch time and seruice hauing
the seruice of the Colony in their imployment for the terme & time of seauen
yeares or thereabout, Also whereas Captaine Argall in the time of his Gouermt
gaue vnto yor peticonr and one Io: Berrey a peece of ground vncleared to build
vs a howse wch he ∥wee∥ did to ye cost and charg of 100li yor petic̃ hath
vntill this day neuer receaued any more money for recompence & satisfacc̃on
of his time & seruice but 3li 13s So there remayneth due vnto yor Petic̃oner
by the Companie 150li 8s or thereabouteℯ likewise yor peticonr and Io: Berry
was this last yeare turned out of their sd howse & ground by Sr Geo: Yeardley
contrary to all equity iustice or conscience to or great discomfort & other
vndoeinge.
Yor peticon9 therefore humbly beseecheth yor sacred Matie to be pleased
to graunt vs yor most graceous Reference to the right worll͠: Sr Ro:
Mamsell & Sr Christo: Perkins Kinghteℯ to heare & take order for our
redresse accordinge to equity & right or otherwise to certifie yor Matie
what their wisdoms shall thinke fitt to be donn therein.
And yor Petic̃oners shall euer pray for yor Mats longe and happie
raigne ouer vs. [23]
19 Iunij
1622
∥The Answr of the Counsell and Company for Virginia
assembled in a generall Court to the petic̃on of Adam Dixon
The said Counsell and Company for answr therevnt say Cr q̢ this Aunsr infra.∥
The greevances of certayne Inhabitants of Kikatan in Virginia now called Eliza-
beth Citty by the testimony of William Kemp for thees named and divers others[13]
Humbly sheweth yt William Iulian was by Capt: Argall then Gouernor allotted
vnto him a proporcon of land possessed thereof and built a howse at his owne
charge ∥cost∥ worth 30li & was after by ye com̃and of Sr Geo: Yeardly ∥then
Gouernor∥ turned out of Doores, wch Iulian did also mayntaine at his owne
charge for 3 Moneths 4 men wch was also taken away from him to serue their
vse without any recompence also.
Iohn Bush hauinge two howses paid for before the said Gouernor came in was
in like man9 turned out and Capt: Nuce put in possession of the same by Sr
George Yeardley contrary to all right and equity whereby he lost all his goodeℯ
and his wife in that extreamity miscarried with her child.
The Brother of the said Iohn Bush beinge then dead in the howse and his
wife great with Child was likewise turned out.
Iohn Powell was in like manner turned out of Doores and forced to forsake his
howse wch he had built at a great charge and had cleared much ground wch was
verie chargeable to him also.
Thomas Brewer hauinge by casualty his howse burnt and had built another &
cleared much ground was likewise supplanted and turned out of Doores not-
withstandinge he had it confirmed vnto him vnder the Scale of the Companie
Colony.
Thomas Willoby had newly hired a howse and was likewise turned out.
Iohn Gundry with his wife and Child hauinge at his owne cost built a howse
was also turned out of Doores.
All or the most of these was of longe continuance auncient Planters and the
best members of the first mechanicke Tradeℯ.
Wm Kempe wilbe sworne that this is true.
By me Wm Kempe.
19 Iunij
1622
The Aunsweare of the Counsell and Compagny for Virginia assembled
in a generall Courte to the petition of Adam Dixon.[14]
The said Counsell and Companie for aunsweare therevnto say, that the matters
therein contayned are to them vtterly vnknowne, & such as they haue no
inducementeℯ to p̱swade them to be true, neither is there extant in their bookeℯ
the menc̃on of any such Contract for ought they can finde & if any such were
it must haue bin made in the time of Sr Tho: Smith when he was Treasuror and by his authority vnto whome they referr him for aunsweare and satis-
facc̃on, touchinge the other part of his owne complainte against Sr George
Yeardley who was likewise chosen Gouernor of Virginia in the said time of
Sr Tho: Smith and by his consent: if he hath com̃itted the wronge and outrage
alleged in the said petic̃on, whereof the peticonr neuer as yet complained
either to the said Counsell or Companie, they will take a course for redresse
thereof with all possible expedic̃on by com̃ending the same to the care of the
Gouernor and Counsell nowe resiant in Virginia.
The Aunsweare of the Counsell and Compagny for Virginia assembled in a
generall Courte to ye Greivances in Virginia exhibited by William Kempe.[15]
The sayde Counsell and Companie for answr therevnto saye yt none of ye p̱ties
p̢tended to be wronged by ye said greivances haue to this Day made any com-
plaint thereof to ye said Counsell or Companie & therefore they haue no cause
to conceaue them to be true ye rather for yt the said Wm Kempe doth not so
much as pretend in his said Complaint any authority from the said p̱ties greived
to exhibite ye same; neither yet hath exhibited it to ye Counsell or Companie
where right might haue bin donn, himselfe havinge bin in England this Twelue-
month & vpward wch is an argmnt of suspic̃on yt he hath rather bin sett on by
some other mens mallice then moued wth zeale of right & iustice.
Howbeit ye said Counsell & Companie will with ye next oppertunity (accord-
inge to their custome in causes of like nature) transmitt the said complt to ye
Gouernor & Counsell resiant in Virginia yt if any Trueth may appeare in any
part thereof they may proceed aswell to a due reformac̃on of ye said greiuances
as also to ye condigne punishmt of the persons charged to be Delinquenteℯ. [24]
The petic̃ons were read and the Answeare approued by the Court
and the deliuery of them to Sr Christofer Perkins recomended to the
former Com̃ittee.
Capt:
Mr Deputy signified further that one Capt: Som̃ers in a petic̃on to his
Matie had entituled his Matie to the Sum̃er Ilands and to 12000li for the
Ambergreece that was there founde, the Answeares therevnto although
it properly belonged to the Sum̃er Ilandeℯ Company because the Vir-
ginia Companie was in the petic̃on taxed of iniustice and oppression,
he thought fitt by the waye to signifie it vnto them, that they might
see what Machinac̃ons were sett a foote against the Plantac̃ons.
To the Kings moast Excellent Maty
The Humble Petition of Captayne Mathew Sommers Petitioner
in the Kings Bench
Humbly sheweth unto your moast Excellent Maty[16]
that whereas Sr Geo:
Sum̃ers Knight beinge one of the first and cheife of the Plantation of Vir-
ginia as appeareth by your Mats Letters Pattenteℯ aduentured therein 1000
and odd poundeℯ and beinge forced by fowle weather to saue himselfe and Com-
panie sought and Iland called the Barmudaes where he lost[17]
his Shippe and soone
after his life, yor humbe peticonr his im̃ediate heire and there in person built
a smale Pynnace to convey his Companie for England, and left there men to
continue the possession in yor royall right.
The Virginia Companie vnderstandinge of this Discouery did challenge it as
their right beinge 100 leagues at the least without distance of their Graunt:
the said Companie sent a Gouernor with men to take that possession from yor
Matie and findinge yor Petic̃oners men to be still lyvinge who found by
their industrie and a cake of Ambergreece of 160li waight the the said Gouernor
hearinge thereof did violently take it from them to the vse of the Companie
who sold it for 12000li and offered violence to those men for the confessinge
of more.
Shortly after the said Companie sold the said Ilands to a perticuler Company
for 2000li as was confessed by Sr Edwin Sandys in open court without any
reliefe vntill this Day of yor Peticoner either for his aduenture or otherwise
albeit they haue often bin sought vnto at yor peticoners great charge and vtter
vndoeinge, and nowe not so much as his petic̃on to be read in their Court, but
threatned to put out his frend the Solicitor thereof out of the Court These
and no other comforteℯ ∥can∥ wee the auncient Aduenturers receaue amongst
them wch wee most humblie beseech yor Matie for godeℯ cause to see redressed.
ffarther yor Peticoner most humbly beseecheth yor §sacred§ Matie to be pleased
to enter into considerac̃on of yor owne Royall righteℯ therein, and to giue order
to the right Honoble the Lordeℯ of yor Highnes Counsell for the hearinge and
Determining of yor Mats Righteℯ and also for the releiuinge of yor poore
Suppliant.
And he shall (as in duety most bounden) euer pray for yor Mats most
happie and prosperous raigne. [25]
The Aunsweare of the Gouernour and Compagny for the Summer Islands
assembled in a Generall Courte to the Petition of Mathew Sommers prisoner
in the Kings Bench.
The sayde Gouernour and Compagny for aunsweare therunto say[18]
That true it is that the Companie for Virginia at their owne great charges
furnished and sett out Sr Tho: Gateℯ and Sr Geo: Sum̃ers Knts with a fleet of
diuers Shippes and some hundredeℯ of people in a voyadge to Virginia, of wch
the said Sr Tho: Gateℯ to ∥bee∥ Leiutenent Gouernor and to hold the cheife
place of Gouerment in the absence of the Lo: D'Lawarr then Gouernor of
Virginia and Sr Geo: Sum̃ers to be Admirall. pag. 24.
And it is also true that the said Sr Tho: Gats and Sr Geo: Sum̃ers passing both
in one Shippe were forced by fowle weather and a leake in their Shippe to
ruñ her vp vpon the rockeℯ of the Ilandeℯ then called Barmudaes and nowe ye
Sum̃er Ilandeℯ.
ffrom whence hauinge built a smale Ship and pinnace they went on to Virginia
with intent to sent a Shippe backe to the said Barmudaes for the bringinge
of hoggeℯ from thence to Virginia (whereof in the said Barmudaes they found
great store and in the meane time were left behinde three of ye Companies
men vpon other occasions then in ye said petic̃on is menc̃oned It beinge then
conceaued that the said Ilands laye nearer to Virginia then afterwardeℯ proued,
and consequently that they belonged vnto the Companie of Virginia (by ver-
tue of an originall graunt from his Matie) wch afterwardeℯ appearinge to be
otherwise they were humble Suitors vnto his Matie for an enlargement of ye
said former graunt whereby the said Barmudaes might be conteyned within
beinge sent backe from Virginia to the Barmudaes for transportinge of the
said Hoggeℯ by reason it was conceaued that those Ilandeℯ lyinge lowe would
not easily be found againe but by a man of great skill in all passages by sea,
such as was Sr Geo: Sum̃ers, It pleased God that there he ended his Dayes,
and the petic̃oner Mathewe Sum̃ers Kinsman to Sr Geo: Sum̃ers but not his
heire (contrary to the trust and intended purpose of that voyage) in stead of
returninge wth the said Hoggeℯ for Virginia perswaded the Marriners to come
away for England where the said Mathewe Sum̃ers hath euer since continued
for ought that the Companie knoweth without p̱formance of any the least
service for behoufe of either Plantation: The Companie for Virginia havinge
obtained the said graunt of the Barmudaes from his Matie and findinge it verie
convenient for a strength to Virginia to be planted and peopled beinge not
able to effect the same at their com̃on charge did passe their right awaye to
diuers principall Members of their Companie vndertakinge for the plantinge
and peopling of the same.
And afterwards vpon surrender of the said graunt vnto the Kinge his Matie
was pleased vnder his great Seale to graunt the said Ilandeℯ vnto the said Vnder-
takers and to incorporate them by the name of ye Companie of the Citty of
London for ye planting of ye said Barmudaes from thence forward to be called
by the name of ye Sum̃er Ilandeℯ ffor the plantinge and peoplinge whereof
the said Companie haue Dispended of their owne proper goodes to the Sum̃e of
one hundred thousand markeℯ & vpwardeℯ.
And they saye further yt true it is, yt the said 3 men left behinde in ye said
Ilandeℯ as aforesaid hapned to finde one Blocke of Ambergreece of a verie great
value, The right wherevnto was graunted to the said Companie for the Sumer
Ilandeℯ by ye Companie for Virginia at whose charges and in whose seruice ye
said three men were sett out and imployed, notwithstandinge by reason of
vnderhand conveyance away of the said Ambergreece the said Companie for
the Sum̃er Ilandeℯ neuer recouered aboue one Third part of ye said blocke of
Ambergreece the certen value whereof they are not able to deliuer, by reason
that the then Gouernor of the said Companie (beinge then also their Treasuror)
hath hitherto refused to deliuer vp to the said Companie an account of their
Tresury, And touchinge the Third part of the said Ambergreece wch came
vnto the possession of ye then Gouernor of their Companie & wherevnto they
conceaue they had a iust and lawfull title, they haue notwithstandinge com-
pounded for the same with the finders there of aforesaid, so as none of them
haue any cause to complaine of ye said Companie and least of all the said
Mathewe Sum̃ers who had no interest therein.
And as for the said peticonrs Demaund of ye right of ye said Sr Geo: Sum̃ers in
Virginia for his pretended Aduenture, beinge farr short of ye Som̃e sett downe
in ye said petic̃on, ye said Company saith yt ye said Mathew Sum̃ers beinge not
Capt: Baylie in open Court) can haue no iust pretence to the same, but that ye
Companie for Virginia haue alwayes shewed themselues verie willinge to doe
all right to ye true heires of Sr Geo: Sum̃ers with as much fauour and assist-
ance as they may reasonably desire: And Although ye said Mathewe Sum̃ers
haue no iust cause to stile himselfe an auncient either Aduenturer or Planter
consideringe his short aboad there and soddaine returne without license: And
the said Companie for Virginia haue bin greatly wronge by his Solicitor, ye
said Capt: Baily whome it seemeth nothinge can satisfie but ye distrucc̃on of
both ye Plantations, yet if there be any thinge of right belonginge vnto the
said Mathewe Som̃ers vpon notice giuen thereof he may receaue all fitt
satisfacc̃on.
This beinge ye true state of ye matters complayned of in ye said petic̃on The
said Gouernor and Company forbeare to make aunsweare to a multitude of
other p̱ticularities therein contayned: The same being either friuoulous or
void of all coulor of trueth. [26]
A moc̃on was made in the behalfe of mr Edward Iohnson that in
respect his father Sr Robert Iohnson deceased was an Auncient Aduen-
turer he might therefore be admitted to enioye his ffathers right beinge
his next heire and that he might haue a Patent with as much fauor as
the Companie do graunt to any other auncient Aduenturers, both wch
requesteℯ the Court condiscended vnto and gaue order for a Patent to
be drawne against the next Court.
Vpon the earnest desire of diuers Aduenturors that mr Copland would
please to goe to Virginia and applie himselfe to the Ministry there:
A moc̃on was made that forsomuch as he had deserued so well of the
Companie by his good moc̃ons and endeauors wch haue redounded
much to the honor and benifitt of the Plantation, as also in respect of
his owne sufficiency and worth (where of he hath giuen so ample tes-
timony, that therefore some extraordinary care be had for his placeinge
and entertainement in Virginia in good manner wch moc̃on was well
approued of and therevpon the Court referred it to a Comittee to treat
and aduise about the same vpon next Satturday morninge at mr Deputy
ffarrars vizt
| Sr Edwin Sandys. | mr Caswell. |
| mr Gibbs. | mr Meuerell. |
| mr Nich fferrar Dpt̃ | mr Roberteℯ |
| mr Io: ffarrar | mr Mellinge |
| mr Binge. | or any fower. |
Sr Iohn Bourchiers request by letter for his Sonn Whittakers returne
for England who (as he saith) intendeth not to staye here any longer
from his Wife and Child, whome he meanes to leaue behinde him,
then he can furnish himselfe with necessaries, is referred to the former
Com̃ittee to be considered of.
The petic̃on of Thomas Goldsmith Ann Minters and some others were
also referred to the considerac̃on of any fower of the former Comittee
to be ordered and reported of to the next Court.
At the same time was presented the petic̃on of Widdowe Smalley con-
cerninge fower Oxen in the Colony wherevnto she pretended right by
Graunt from Capt: Argall, The same Oxen hauinge formerly bin her
Husbands, vpon occasion of wch petic̃on report was made to the Com-
panie of diuers suspitious proceedingeℯ concerninge the same, as namely
that the said Widdowe Smalley had first exhibited a petic̃on and
greuious complainteℯ to the Kinge against Capt: Argall for hauinge
spoiled her of all her goodes, wch petic̃on beinge referred by his Matie
to the Counsell for Virginia there was after some time brought in a
retractac̃on of that petic̃on and Complaint against Captaine Argall vnder
her hand and Seale; wherein shee also charged others (but without
any name) to be incident inciters to her to make that complaint: wch
retractac̃on her selfe first desired might be read in open Court: And the
same was afterwardeℯ much pressed by Captaine Argall: but the [27]
Counsell denied it, vnles shee would first name those that had bin her
Incyters, the rather for that Capt: Argall with some extraordinary
vehemency declared, that he suspected some of the Companie to haue
so sett her on worke, and beinge vrged to declare whom he suspected,
he in fine named that he had suspected Sr Edwin Sandys.
After wch time Widdowe Smalley repairinge to some number of the
Councell assembled together (of wch number was the Lord Cauen-
dish, mr Gibbs, mr Wrote the two Deputies and others) shee renued
vnto them her complaint against Captaine Argall for wch beinge
reproued, (havinge before vnder hand and Seale retracted the same)
shee answeared that shee was forced therevnto by Capt: Argall who had
caused that writinge to be made at the Dors Com̃ons and refused to
hand and Seale to that writinge, the matter whereof shee said shee did
not well vnderstand, contrariwise shee iustified her former complainte
made to the Kinge against Capt: Argall protestinge she was by no
other meanes moued therevnto, but by the wrongeℯ he had donn her,
and that the Petic̃on was drawne by a freind of hers dwellinge in
Tower street at her request.
Wherevpon Sr Edwin Sandys (beinge then present in Court) protested
that he neuer in his life spake worde to the said Widdowe Smalley
otherwise then in passinge by as shee solicited him, about her petic̃ons
neither euer sent Message to her either directly or indirectly, And he
said that he had not deserued of Capt: Argall or any man eleℯ that he
should entertaine so vnworthie a suspition against him, havinge donne
nothinge against Capt: Argall otherwise then he was bound to doe by
vertue of his place at what time he was Treãr, as also of his oath vpon
complaint made against him for so great a depredac̃on in the Colony
when he was deputy Gouernor, wch complaint against Captaine Argall
neither moued from him neither yet in the yeare wherein he was
Treasuror, but findinge it a foote it was his Duty to bringe it to Tryall
by lawfull meanes wherein he alwayes followed the Counsells direc-
c̃ons: And although Captaine Argall by meanes of his great frendeℯ
had not bin proceeded with, to a full and finall Tryall; yet the mat-
ters against him were still in force and validity his Answeares vnto
them hitherto hauing giuen litle or no satisfacc̃on as he conceaued.
Vpon this occasion it was moued by diuers of the Court that the Let-
ters written by Sr Thomas Smith and mr Alderman Johnson then
Treãr and Deputy aswell to the Lord D'Lawarr as to Capt: Argall
himself might be openly read in Court wch was accordingly donne the
Coppies whereof doth here followe.
A Coppy of a letter sent to Captayne Argoll in the good shipp the William
and Thomas.
Sr Wee receaved your letters by the George[19]
directed to the right Honoble
Lordeℯ Cr But before the receipt whereof wee had finished ours wch wee
Georges com̃inge but by the vnexpected contenteℯ of yours wee are driuen to
lay aside our former and breifely to declare our mindeℯ in this wherein wee
take no pleasure. [28]
You knowe howe many wayes you haue bin exceedinge chargeable to the Com-
panie not of late onely, but formerly when you contriued the fruiteℯ of their
expence to yor owne benifitt without beinge called to an Account they haue
also put honoble reputac̃on vpon yor person and presuminge of yor wisedome
and discrec̃on they made you Gouernor to followe their Com̃ission and
Instrucc̃ons wch in the person and protestac̃on of an honest gentleman you
vndertooke to doe.
And therefore it is verie strange to vs to see you so change and differ from
yor selfe wch by yor wordeℯ and deedℯ beinge the testimony of yor minde wee do
sensibly see and feele, As in perticuler you intimate first vnto vs that you
hold yor selfe disparaged in that wee sent you our last ɫres subscribed with so
fewe handeℯ, yt wee termed you but Deputy Gouernor, and that wee should
thinke our Capemarchant a fitt man to deliuer our ɫres to yor handeℯ, yor heape
vp also many vniust accusac̃ons against vs and the Magazine, nourishinge
thereby (insteed of pacefyinge) ye malecontented humors of such as seeke to
bringe all to confusion and to ouerthrowe that wch is setled vpon iust and
equall Termes to be propt of the Plantation there and the life of the Aduen-
turers here, wch both vndoubtedly must stand and fall together But wee shall
easely put by all such yor weeke imputac̃ons when time shall serue to Debate
the perticulers and when wee feare yor selfe will not be able to aunsweare yor
owne Acc̃ons, yea yor owne ɫres dated at Iames Towne, in March i617 shall
iustifie vs in some of those perticulers touchinge the Magazine wherein you are
contrarie to yor selfe.
Tobacco and sassafras onely for iust causes are restrained at reasonable rateℯ
to the Magazine, and you beinge Gouernor restraine noe man but Passengers
Mr Marriners bringe the greatest part of Tobacco and all the Sassafras for
themselues, It is laid vnto yor charge that you appropriate the Indian Trade
to yor selfe, you vse our ffrigatt that came from the Sum̃er Ilandeℯ and the
other with our men to trade for yor owne benifitt, yor proclaime in the Colony
that no man shall trade with the Indians nor any buy any ffurrs but yor selfe:
It is also iustified that you take the auncient Planters of the Colony wch ought
to be free and likewise those from the com̃on garden to sett them vpon yor
owne imploymenteℯ, and that you spend vp our store Corne to feede yor
owne men as if ye Plantac̃on were onely intended to serue yor turne.
Wee cannott im̃agine why you should giue vs warninge yt Opachankano and
the Natiues haue giuen their Country to mr Rolfeℯ Child and that they will
reserue it from all others till he comes of yeares except as wee suppose as some
salfe but whither yours or thers wee shall little esteeme of any such convey-
ance.
You say you haue disposed of all our kine accordinge to or Com̃ission It
seemeth you neuer looke vpon our Instruccons, wee gaue you no such Com̃is-
sion but the contrary in expresse wordeℯ as that you should preserue and nour-
ish them to ye com̃on vse only a fewe wch wee had disposed whereof wee send
you the p̱ticulers wee thought it vnpossible when wee made you Gouernor yt
euer you should offer vs this kinde of dealinge not once to menc̃on howe many
to whome nor for what considerac̃on, but to do them all away of yor
owne head & to take satisfacc̃on to yor selfe: Wee must let you knowe wee allowe
of no such sale nor of the Deliuery of any one Cowe by you farther then yor
Instrucc̃ons do expressely warrant.[20]
But aunswearable to this and the rest I ∥you∥ haue alsoe delte wth us for the
Hydeℯ about wch its well knowne to yr selfe what trouble wee had wth the L:
Admirall and ye Spanish Embassadour and how dearly they cost us and wee
know how much it would haue imported us to haue had them sent by this
shipp as well for ye reputation of our returne as alsoe for helping to defray
the greate chardge of the voyadge notwthstanding they being fayrely
demaunded of you it hath pleased you there to stay them in your owne Cu
custody and to suffer the shipp to com hom wth other mens goodℯ and not once
vouchsafing to mention the Hydeℯ in your generall Letter but in this manner
That yu being made Admirall doe know how to dispose of unlawfull purchase
and by this wee must understand the Hydℯ to bee yours as for the debts and
wages wch you say yu haue payde for us wee marvell yu doe not sende us a
noate of the perticulars for the our knowledge wee are not in yt kynde indebted
to any man, yf there bee any such matter or yt you haue provided any stuff
for the Colledg as yu writt yett yu must not imagine yt wee are soe insencible
of reason as to suffer either of those to bee a cloake for yu to detayne our
hydeℯ or to convey all away all our Catle and Corne either you must thinke
highly of yr selfe or very meanely of us in yt being our substitute yu will pre-
sume to offer us theese wrongs, and to suppose yu may doe what you list in
such a publique cause wth out being called to accompt wee haue therefore
determined of a course and wee haue written to the Lord Gouernour wch wee
doubte ∥not∥ but his Lorp̃ will impart unto you and soe wee rest.
Lionell Cranfeild. Ihon Wolstenholme.
Robert Ihonson. [29]
1618
Taken oute of the Coppy of a Letter sent to the Lord Delawarr
by the William and Thomas The 23 of August 1618 touching C: Argoll
Wee are now enforced to write unto your Ldp: of important matter of another
nature which is touching mr Samuell Argoll whom wee made Gouernour in
your Lordps absence. Wee make noe doubte but hee hath deliuered the
Gouerment wth an accompt of his doings into your Lõps hands. Wee haue
received from him by the George a very straunge letter which together wth
those Informations yt wee haue agaynst him by sundry Witnesses lately com̃
from thence doe importe more discontent to the Aduenturers heare & more
hazard to the Plantation then euer did any other thing yt befell that Action
from the beginning. His discontentℯ in yt wee subscribed our letter sent unto
him wth few hands, our terming him to bee but Deputy Gouernour hee dis-
dayning to bee Deputy to any man, our letters to bee deliuered unto him by
soe meane a man as the Cape-merchaunt wth many such like wch wee pass ouer.
And briefely[21]
wee must complayne to your Lõp of his neglecting and trans-
gressing our Commission and Instructions. First hee hath made away all the
Kyne belonging to the Colony and taken satisfaction for them to himselfe
wheras wee gaue him express chardge in his Instructions to preserue and
nourish them to the Common use except some few which wee had disposed
whereof wee writt him in perticular. He hath suffered passengers mariners
and others wth out restraynte to shipp moast of the Tobacko and all the Sassa-
fras for themselues which by order of Courte at certayne rates agreed uppon
are appropriated to the Magazine—Hee armes himselfe and other wth uniust
accusations agaynst us to ouerthrow the magazine. Without which wee know
assuredly yt neither the Adventurers heare nor the Plantation there can long subsist. Hee hath gotten possession and keepes back our Hydℯ under pre-
tence of being Admirall wch cost our ioynt stock well neare—400li—wth a
greate deale of toyle and trouble before wee could obtayne them wth his obsti-
nate refusall to deliver them hee hath doñ us soe greate displeasure at the
returns of this ship as hee could not haue worked to haue doñ us a greater.
Hee hath forbidden all trade and commerce wth the Indians but trades amongs[t]
them wth the Summer Island Frigott and our men to his owne benefitt. Hee
takes the auncient Collony men which should now bee free and our men from
the Common Garden to sett them aboute his owne imployment and wth the
Collonys stoare of Corne feeds his men hee proclayℯ noe man shall dare
to buy any thing of Furr ∥of the Indians∥ but himself as yf the Plantation
and ye people there were ordayned onely to serue his turne. Theese and to many
like Errours of his are layde to his chardge for wch the Adventurers heare will
noe ways bee satisfyd wth out his personall appearance to make his Aunsweare
and they are hardly restrayned notwth standing the Kinges [farr of in?]
progress from going to the Court to make there Complaynte and to procure
avoyding of farther scandall and slaunder to the Gouerment of our Plantation
yt you will cause him to bee shipped home in this ship the William and Thomas
to satisfy the Adventurers by aunswearing such things as shall be layde to his
chardge and for yt wee suppose there will bee found many misdemeanours of
his for wch hee must make satisfaction to the Compagny wee pray your Lorpt
to ceaze upon such goods of his as Tobacko and Furrs wherof it is reported
hee hath gotten together a greate stoare to the Collonies preiudice and to sende
them to us to bee in deposite till all matters bee satisfyd and yt yr Lop: would
bee pleased to take back agayne thos Kyne and Bullocks wch by his unlawfull
sale are dispersed heare and there and yt they may bee brought together
agayne to the Collonies use and to such others of the Hundreds as the Generall
Courte by yr Lopps consent did order and appoynt.
Sr Ihon Dauers
Sr Ihon Wolstenholme
Robert Ihonson [30]
1618
After wch Sr Edwin Sandys appealed to the iudgement of the Court
whither these charges against Captaine Argall had their originall from
him or from other who are nowe reputed to be his best freindℯ True
it twas that one thinge fell out in his yeare, namely the sendinge out
of Captaine Argalls Shippe both victualled and manned from the
Colony a rovinge to the West Indies whereof complainte beinge made
from the Gouernor and Counsell in Virginia as of an Act that might
worke their vtter ruine and extirpac̃on, he could do no lesse then
giue notice thereof according to his oath to the Lords of his Mats priuy
Counsell wherein he did nothing otherwise then by the direcc̃on of
the Counsell and Companie and with as much moderac̃on as the cause
could possiblie beare.
After wch deliberac̃on ∥declarac̃on∥ made by Sr Edwin Sandys it was
generally pressed by the Companie, That whereas the last Quarter Court
appointed a select Com̃ittee to call Captain Argall to an Account,
for the losses wch the Companie and Colony haue sustayned by his mis-
imployinge, and convertinge to his owne vse their Tenantℯ and Ser-
vantℯ their Cattle and Corne and other goodℯ and yearely proffittℯ in
the time of his gouerment to his owne excessiue gaine and lucre, and
Plantac̃on: That for asmuch as the said Com̃ittee hath hetherto donn
nothinge in that matter, they were earnestly entreated by this Court
to proceed therein with all expedic̃on and diligence and to make report
of their proceedingℯ to the next Court if it be possible or elℯ as soone
after as they can with any conveniency that further order may be
taken therein at the Quarter Court followinge.
It beinge moued to knowe the pleasure of the Court for sale of
the Tobacco brought home in the George, in respect the marketℯ here
were but bad for ventinge Tobacco except at a very lowe price: It
was aduised (that vnlesse it could be sold for 4s p̱li) to forbeare the
Sale both of the Companies Tobacco, and of the Magazine some fewe
dayes longer vntill it might be knowne whither the intended Contract
with his Matie did proceed or not.
A moc̃on beinge made for auditinge of mr Peirs Accountℯ and for decid-
ing some differences between mr Leate and mr Morris Abbott about
the Tobacco that mr Leate bought of the Companie for 2s 3d the pound
The Court appointed
| mr Nich: ffarrar Dpt. | mr Bennett. |
| mr Io: ffarrar. | mr Palmer. |
| mr Bull. | mr Boothby. |
| mr Essington. | mr Caswell. |
| mr Kightley. | mr Mellinge. |
| mr Sheppard. | mr Meuerell. |
Iames Mootham passed one of his shares of land in Virginia wth
allowance of the Auditors and approbac̃on of this Court.
ffrancis Carter passed ouer one share of land in Virginia vnto Thomas
Waynwight Cittizen and ffishmonger of London beinge p̱cell of the
later 40 shares assigned vnto him by the right Honoble the Lady
Lawarr.
ffrancis Carter passed likewise two shares of the said number vnto
Mr Robert Smith Citizen and Marchantaylor of London. [31]
The caption of this petition is the autograph of Nicholas Ferrar. The handwriting changes from
this point to that of the unidentified copyist referred to above as the "Fourth Copyist."
| The records of the Virginia Company of London | |