CCXXI. John Bargrave. Charges Against the Former Govern-
ment of Virginia[302]
April 12 (?), 1622
State Papers, C. O. 1, Volume II, No. 4, I
Document in Public Record Office, London
List of Records No. 308
Articles drawne out of the Informac̃on of John Bargraue Esquire shewinge
the seuerall abuses of the former gouernment of the plantac̃on of
Virginia
Shewing to yor Lops as I haue form9ly don both in Parliamt and Chancery.
That whereas the kings Matie for ye advancemt of ye said plantac̃on did
by pattent Encorporate a free Companie the body whereof Consistinge of
a Thrẽr or his Deputy 4 Counsellors and xv Comon9s who being tyed to
make theire lawes aswell by the said pattent, as by certaine royall Instruc-
c̃ons giuen by his Matie according to ye lawes of England, and both they
the9selues and such as were admitted by them to be of ye Comp: were to
haue free trade in Virginia as by the sayd Pattent appearethe.
First your Petic̃oner Chardgeth Sr Thomas Smith To haue (Contrary to
his Matℯ said pattent and royall instrucc̃ons and to ye Com̃on laws of
England) Caused to bee printed a certaine booke of Tiranicall gou9nmt
in Virginia, as by the said booke prsented wth the sayd petic̃on appeareth,
whereby many of the kingℯ subiectℯ there lost theire liues, and were
brought into slauery, and the petic̃on9 and those hee imployed were
thereby much dampnified to theire greate losse. That the said Sr Tho:
Smith Alderman Johnson and others (contrary to ye said pattent and
instrucc̃ons) by practice and facc̃on haue framed a Companie wch being
able by most voices to carrie the gou9nmt as they list, haue thereby made
a Monopoly of ye plantac̃on and of ye labor of all ye planters there, sincking
and raiseinge ye prizes of Comodities as 3 or 4 of them list, barreing free
trade from anie other free of the Companie but themselues, selling theire
goodℯ before theire faces, and by setting of prizes onely of Tobacco and
Sarsafrasse, They Caused all other staple Comodities to bee neglected
there, soe as 8 or 10 shipps goeing to Virginia in one yeare, all came from
thence emptie except the Megazine shippe. That the said S
r Tho. Smithe
practizeing w
th 3. 4. or 5 w
ch he termeth the Comp: by secrett instrucc̃ons
giuen to y
e gou
9no
r in Virginia to barre y
e pet
rs trade, by the Tirranous
laws there w
ch made it death to trade, by detaineing of y
e pet
rs goodℯ, by
fraudilent sale of them, and by makeing stay of his shipps, haue p̢iudiced
the pet
r and his p̱tner to y
e valew of 6600
ɫi
That whereas ye petr hath made p̢ffe of all theis abuses in ye Chancery
vpon a full hereing there before ye right hoble͠ ye Lord Keeper, whoe findeing
it to bee matter of state referred the petr to this hoble͠ board.
That this facc̃ous and populer gou9nmt heare by voices founded on a
ioynt stock will (if it bee not p̢uented) lay ye foundac̃on of ye plantac̃on
in such facc̃ous and disordered matter that will make it uncapeable of
yt forme wch must hould it to England; This ioynct stocke therefore being
all spent and Ceased, the Cause of yr gou9nmt by voices (being taken
away) this ill effect in the gen9all gou9nmt should likewise Cease to be
restrained, but this must be tenderly handled tell the forme of gou9nmt
in Virginia bee setled.
That ye plantac̃on now subsistinge onely of ye publique servantℯ planted
by the lottaries and diu9s priuate Collonies some whereof are planted by
manie aduenturors others by one or a feiwe, The greater Colony will by
their manie voices carry ye gou9nmt from ye lesser And London together
wth ye Exchange, wth theire Vicitnity of place steared by ye gou9nor to
worke his owne endℯ out of them all, by makeing ye gou9nor in Virginia
his Creature he maie dispose of ye whole plantac̃on or of anye private
mans estate as he list; This by experience I haue found true, and although
there hath beene of late good laws made to p̢uent it and yt the gou9mnt
bee now in good handℯ, yet nothinge but ye altering of the forme Can doe
it, wch alteration to bee made according to ye increase of ye plantac̃on,
is p̳mised by his Matℯ instrucc̃ons dated 22° Nouenb̴r: 4° Jac̃
That ye body politick of ye Comp: being to Consist as aforesaid of a sett
nomber of wch ye Thrẽr or his deputy is to be of ye Corum, they being to
make theire laws according to ye laws of England, yf ye Trẽr or his deputy
shall doe any vnlawfull act or anye acte contrary to ye form9 orders made
in Co
rte, not haueing y
e full nomber, and y
t any private aduenturo
r shall
receaue p
riudice thereby, they stand lyable First of Censure by y
e state
for breach of theire Comission, secondly to y
e Company, there being now
a law made in print against such actℯ that punisheth them with dis-
franchisement. Thirdly they thate are wronged are to recouer damages
by law or equitie.
That yor petr growneing vnder ye burthen of theis opprssions, hath since
his first entering into ye plantac̃on endeavoured a meanes of redresse
aswell for ye publique as for himselfe, and in thend draweinge it to a
meathod and forme hee tendered it to Sr Tho: Smith some 4 yeres since
together wth a meanes to gaine a growing and increaseing stock, by erecting
a Megazin for the publique and makeing it ye Farmer to ye kinge of ye
sole importac̃on of Tobacco, but hee notwthstanding his Matie then offered
ye sole importac̃on for 5000ɫi p̱ annũ, and yt there was then to bee re-
ceaued aboue 20 or 30000ɫi of ye publique lottarie moneys, 5000ɫi whereof
would then haue made this stocke, hee then refuzed it, his deputy and
himselfe and some others ioyneing wth him dreameing to take it them-
selues, as it afterward appeared when they offered 8 or 10000ɫi for it.
That there being now no waie left to make this publique stock but by
searching into ye old debtℯ, and Sr Tho: Smithes grosse and vnexāinable
accomptℯ, and the abuses of the gou9nmt I humblie intreate yor Lops ayde
in ye obtaineing of a Comission from his Matie for the exāininge, rectifyinge
and orderinge of the said gou9nmt; That thereby yor petr maie bee releeued,
the publique wrongs redressed and such a forme settled, that doeinge
right to all p̱ties interessed in the plantac̃on, it may fixe the gou9nment
of Virginia in a dependensey on the Crowne of England.
That there is a learned treatice written by a Gent̃ that calls himselfe
Ignotus Concerning the gou9nmt of Virginia; To which treatice the Courte
hath giuen good allowance; This the petr intreatethe maie likewise bee
brought in that there maie bee no helpe wanting that will giue furtherance
to this noble busines or Conduce to the attaineinge of this last end of
houlding the plantac̃on to England.
[Indorsed, in pencil, in a modern hand:] Virginia qu. 1622 inclosure
[12 April 1622]
