University of Virginia Library

CC. Sir Thomas Smyth and Alderman Johnson. Reply to the
Petition of John Bargrave
November (after 22), 1621

The humble Aunsweare of Sr Thomas Smyth knt and Rob̴t Johnson
Alderman vnto the Petic̃on of John Bargraue exhibited in way of
Complaint to the Honorbɫe Assemblye the knights and Burgesses,
Committees for greiuances of the lower house of Parliamt

In all humble manner Letting pass all vaine & imp̱tinent matter to the
first point materiall that Sr Tho Smyth hath framed a Tiranicall goũment
ymposed vpon the people in Virginia etc

Thomas Smyth sayth that the Comissions giuen by him as Trer̃er &
the res[t] rest of his Matis Counsell for Virginia vnto Sr Thomas Gates &
other the Goũnors sent to Virginia were neuer otherwise, but expresslye
to rule and gouerne so neer as might be according to the lawes of England
as by the said Commissions ready to be shewed may appeare: But if any
of these printed lawes and articles to wch the said Bargraue referreth, may
seem too seueare as vppon paine of death to be obserued (howsoeu9 being
rightly weighed they are iustifiable by the lawes of England) yet they
were not framed by Sr Thomas Smyth as most vntrulye aleaged, but by
those worthye Goũnors in Virginia as the very title & printed preface to
the book itselfe setts downe; wch lawes and articles Sr Thomas Smyth
was so farr from frameing or making them as in his letters written to
Captaine Martine, one of the first Plainters, and a speciall man at that
tyme in Virginia, he signifyed his dislike of the strictnes thereof fearing
it would discourage men from goeing to the PlantaC̃on, yea, all the said
Goũnors, viz̃ the Lord Lawarr and Sr Thomas Dale disceased, as also Sr
Thŏ Gates & Captaine Argall successiuely, now liueing, and readye to
witnes did see such a necessitye that the said lawes should be made and
published in some cases, ad terrorem, and in some to be truely executed,
as wthout wch the Colony consisting then of such debayst & irregular p̱sons
could not possibly continue: And it is a bould slaunder that Sr Thomas
Smyth and others practizeing wth him did print the said book and practize

those things for their owne ends, first nothing being donne by him in the
practize & execuc̃on thereof and secondly the printer yet liueing can witnes
that he was directed to print it not by Sr Thomas Smyth alone but by
sundry of his Maties Counsell for Virg: whereof many are very honbɫe LL
& kntts, now liueing & of this honorbɫe house

And the said Sr Thomas Smyth and Alderman Johnson doe joynctly say
that to their knowledge the said Bargraue had noe nominac̃on in any
Pattent to make a priuate Plantac̃on nor neuer made any, much les the
first as he vntruelye alleageth but they beleiue that wthout Comission
from the Companye he sent thither his Deputies, a very disordered Crew,
that intruded there vppon the Lands of other Planters & Comitted outrage
and rapine vppon the pore Indyans, as Captaine Martine, then in Virginia
now in London vnder the testimony of his hand complayneth & is ready
being called to iustifye. Neither doe the said Sr Thomas Smyth nor
Alderman Johnson beleiue, nor know, nor is it by their meanes that he
hath suffred those supposed dam̃ages, of one thousand pounds in one
voyage to Virginia, by reason of the 15th and other Articles executed
there, but they say confidentlye, that if by Captaine Argall then Goũnor
in Virginia the said Bargraue was hindred in his designes, it was to eisye a
punishment for such to be onely Curbed & restrained of their euill courses
whereof Captaine Argall now resident in London complayneth & is ready
to iustifie against Bargraues Deputyes & others that vnder Couller of goeing
to trade wth the Indyans did for their priuate lucre vnfurnish the Colonye
of necessary prouisions and furnish the Indyans wth Armes, or rob them
of their [2] corne, and also to approue that the afforesaid article, restrayning
all men on paine of death without leaue to take & Carry shipps and vessells
out of the Riuer vnder pretence of Tradeing, whereby many played the
Pyratts and took their courses to rob and spoyle, was very iust and
necessarye.

And they vtterly denye, as falcely suggested by the said Bargraue and
most imp̱tinent that euer they ioyned with the sole importees of tobacco
or that they sought to deteyne the goũment, wch by Sr Thomas Smyth
was absolutely refused, and in open Court denyed to be putt in elecc̃on,
neither did they bannish the bringing home of Virginia tobacco, that
being donne by those that succeded after he had left the Goũment, wch
if it be a iust ymputac̃on, it resteth vppon them.

And they doe further say and thereof doe humbly desyre this honorable
Comittee to be informed that this Bargraue being at p̃nte 500li in indebted
by his bond long forfeited to the Virginia Aduenturers for tobacco bought
of them; This bond was put in sute by Sr Thomas Smyth Sr John Wol-
stenholm and Alderman Johnson to whome it was made by order from the
said Aduentrs Bargraue remooued the Cause into Chancerye wth a
rayling bill against those three and others. Now forasmuch as in the
said bill he lyeth downe the staying of his shipp, deteyning of his goods,
Combinac̃on of Alderman Johnson and others to defeat him of an other
bargane wth all the rest materiall conteyned in his petic̃on to this hono9
Committee, vnder couller of wch vniust complaint he detaines the Cause
in Chancery, and keeps the 500li in his hands, many witnesses are exam-
ined vppon oath of both sydes the cause being ready for tryall, diuerse
dayes in sundry tearmes haue been appointed but by his moc̃on and
suggestions putt off, and now a finall day being sett the 10th of this p̃nte
Nouember 1621 or Counsell feed and all thyngs ready for hearing the said
Bargraue minding nothing less, eirnestly mooued and obteyned a day in
the next Tearme, vnder couller of further examining a witness already
sworne & examined. Which Course in Chauncery being of his owne
choosing if himself will now declyne by this his appeale, then they humblye
pray that he may be inioyned first to dismis his bill in chauncerye and to
pay them such Charges & moneyes as he hath so vniustly detyned and
caused them to spend in following his dilatory course, and they shalbe
willing to submitt themselues in any any thing that this honorable Comittee
shall think fitting. But if he shall so refuse, then the sayd Sr Thomas
Smyth and Alderman Johnson doe further certifie this honorle Comittee,
that notwthstanding there many yeares paynes for the good of Virginia
their owne disbursmts & great ingagements euen to this day in the greatest
disasters of that plantac̃on many yeares before Bargraues name was
knowne in that worke, as is ready to be witnessed by many against him,
and those, by whome he is animated to this Complaint, & notwithstanding
they neuer wronged the said Bargraue by the least word or deed, yet he
ceaseth not in all places & by all deuises of tongue & pen to pursue them
in such reproachfull tearmes & manner as is intollerable for instance,
charging Sr Thomas Smyth wth vntrue and uniustifiable accoumpts & his
goverment to be odious, the account ap̱ing by Auditors to be 500li indebted

to him, and not he to it, and his painfull gouerment comended & rewarded
wth shares of land in a great Court and geñally approoued of all

And Chargeing the sayd Alderman Johnson wth indirect dealing & in plane
tearmes as may be shewed vnder his owne hand wth coosenage, wth abuse
of his malitious tongue sounded so lowde and wide as by some means it
came to his Matis sacred Eares, for wch his Maty not long since was pleased
to call the said Alderman Johnson to his presence, relating to him ver-
batim the p̱ticulers, & required his answear in writing, wch within [3] few
dayes he brought and deliũed to his Matye vnder the testimonye of a
generall assemblye of Thadventurers which so fully cleared him in euery
perticuler that his Maty p̱vsing the same & seing him so abused, vppon
his humble Petic̃on caused a refference to the now Atturney Geñall for
the examining the sayd Bargraue and one Melling his associate and to
determine of some Course in Starr Chamber to punish their scandelous
tongues, wch Course hath been yet forborne with pacience, expecting their
amendment whereof in this Bargraue they see noe hope at all, but still in
open Court, in Paules, in ye streets and in all places without cause, vsing
vile and scandalous speeches and behauior against them

And therefore they pray this honorbɫe Comittee to determine some way
for Correcting this course and eising this their greiuance wch may be any
mans case to be so abused if he be suffred wthout punishment.

[Indorsed:] Sr Thomas Smyths & alderman Johnsons answere to the peti-
tion of John Bargraue

[In pencil:] 1624 Apr. 22. Virginia