CXXX. "Covenantℯ and agreementℯ_ _betwene Richard Berkeley
of Stoke _ _ George Thorpe late of Wanswell,_ _ _ _WilL̃m Tracy
of Gayles" and "John Smyth of Northnibly"_ _
August 28, 1620
Smyth of Nibley Papers, Smyth, 3 (25), Pages 127–129
Document in New York Public Library
List of Records No. 198
[127]
Covenantℯ and agreementℯ had and made by & betwene Richard Berkeley
of Stoke in the county of Glouc̃ Esq; on the first p̱te, George Thorpe
late of Waneswell in the said County Esq; on the second p̱te, Wilɫm
Tracy of Gayles in the said county Esq; on the third p̱te And John
Smyth of Northnibly in the said county gent on the fourth p̱te the
xxviijth day of August .1620. Anno xviijo regni Jacobi Regis Angɫ & c
et Scotie liiijto as p̱ticularly followeth.
Wheras a voyage for plantac̃on into the land of Virginia was in the month
of September last past vndertaken and p̱formed with a ship called the
Margaret of Bristoll furnished with men and p̳visions necessary at the
charges of Sr Wilɫm Throkm̃ton of Clowerwall in the said county of Glouc̃
knight and baronet, and of the said Richard Berkeley George Thorpe and
John Smyth: wch said ship in November followinge arryved there in
safety togeather with all the men goods and provisions soe transported,
and is sithence returned to the port of Bristoll in like safety for wch all
thankℯ be given to allmighty god.
And wheras also for the better orderinge of the said voyage and plantac̃on,
divers covenantℯ and agreements were had and made betwene the said
p̱ties and one John Woodleefe w[h]o was appoynted to goe Captayne and
governor of their said men and servants shipped for the said plantac̃on
bearinge date the fourth day of the said month of September, as by the
same subscribed with their hands and sealed wth their seales enter-
changeably, doth and may appeare.
And wheras also the said George Thorpe in the month of March last past
dep̱ted this Realme of England in a ship called the m̃chant of London and
is before the date of theis p̢sents (as is hoped) safely arrived in his owne
p̱son in the said land of Virginia, the better by his p̢sence to order and
direct the affaires and busines of the said plantac̃on, with whome also was
sent in supply three men six kyne and other p̳visions equally bought and
provided by the said p̱ties to theis p̢sentℯ.
And wheras also the said Sr Wilɫm Throkm̃ton by his Indenture vnder his
hand and seale bearinge date the seventh day of May last past before the
date hereof (sithence the dep̱ture of the said Geo: Thorpe) for the Con-
siderac̃ons therin expressed, hath given granted assigned and set over
vnto the said Wilɫm Tracy, All the interest benefit p̳perty and advantage
wch he the said Sr Wilɫm then had or by any wayes or meanes whatsoever
should or might have or make of or by reason of the said plantac̃on or of
or by reason of any article covenant grant or agreemt at any tyme then
before any manner of wayes had or made by or betwene the said p̱ties As
by the said Indenture amongst many other things therin contayned more
at large appeareth wch said Wilɫm Tracy entendeth (by gods sufferance)
to goe likewise in his owne p̱son into the said land of Virginia within one
month nowe next ensuinge. Nowe it is mutually & p̱ticularly covenanted
& agreed vpon by and betwene all and eu
9y the said p̱ties to theis p̢sents
in manner and forme followinge.
[128]
And first it is mutually agreed and declared by and betwene all the said
p̱ties to theis p̢sentℯ That all and eu9y covenant article and agreemt
direcc̃on or instruction heretofore made or given touching the said voyage
and plantac̃on or any wayes in relac̃on thervnto subscribed wth their
hands or sealed wth their seales (not being contrary or repugnant to theis
p̢sents) shall stand and be in full force and vertue, All and eu9y of wch
articles covenantℯ and agreemtℯ wch on the p̱te of the said Sr Wilɫm
Throkm̃ton were or ought to be p̱formed or kept, the said Wilɫm Tracy
covenanteth and p̳miseth wth the said Rich Berkeley George Thorpe and
John Smyth Joyntly and seu9ally to execute p̱forme and doe in such
sort manner and forme and soe farforth as the same was or were by the
said Sr Wilɫm to bee done payd or p̱formed to all intentℯ and purposes
whatsoever.
It̄m it is further agreed that for the better augmentac̃on of the number of
their said servantℯ and collony already in Virginia That another ship
called the supply shall in the month of September nowe next followinge be
sent from the said port of Bristoll furnished at their like equall costℯ and
charges in all things wth .54. p̱sons or therabouts, And that the authority
and governemt of the said men and all others eyther already in Virginia
or hereafter to be sent and of all other their affayres in Virginia shall be
in the said George Thorpe and Wilɫm Tracy Joyntly as sole gou9nors and
directors of all manner of businesses there soe longe as they two shall
agree in one and not be divided in opynion, accordinge to directions and
instructions nowe delyu9ed and hereafter from tyme to tyme to be delyu9ed
from the said Richard and John, But if in case they the said George
Thorpe and Wilɫm Tracy shall differ or discent in advise opynion or
direcc̃on in any matter or thinge fittinge or necessary, or directed to be
done, whereby their said servantℯ men or people in the said Collony shall
rest doubtfull what to pursue or whom to followe or obay, Then in eu9y
such case (and not otherwise) it is hereby directed declared and agreed
vpon, That the resoluc̃on determynac̃on and p̳ceedinge shall bee as
Arnold Oldisworth Esq; Robert Pawlet and John Woodleefe gent or any
two of them shall agree vnto and determyne of in wrytinge accordinge to
the foresaid direcc̃ons & instrucc̃ons wherin they stand as vmpiers for such
differences onely wherto the said George Thorpe and Wilɫm Tracy fayth-
fully p̳mise to submit themselves without longer contradiction argum
t
or gaynsayinge.
It̄m it is further agreed and declared That if in case the said Richard
Berkeley and John Smyth shall in their consultac̃ons about any the
affaires dispatches supplies or other matters touching Virginia or their said
Collony men servants goods or otherwise, vary or dissent in [129] opynion
or direction betwene themselves, wherby any suspension delay or neglect
of p̳secution of the said busines shall or may be like to arise or to be
delayed neglected or hindred, eyther here in England or in Virginia by
that meanes, That the resoluc̃on determynac̃on and p̳ceedinge shall be
as Sr Wilɫm Throkm̃ton knight and baronet Sr Tho: Roe knight and
Sr Tho: Tracy knight brother of the said Wilɫm or any two of them shall
agree vnto and determyne of in wrytinge, wherto they the said Rich
Berkeley and John Smyth faythfully p̳mise to submit themselves without
longer contradicc̃on argument or gaynsayinge. Given Enterchangeably
vnder their hands and seales the day and yeare first above written.
