University of Virginia Library

At a Court held for Virginia
on Wedensday the 29th of Ianuary
i622

Present

           

Right Honoble	Ea: of Southampton.
	Ea of Dorsett.
	Lo Cauendish.
	Lo Dãuers.
	Lo: Denny.
	Lo Maynard.

                                                                                                     

Sr Edw: Sackuill.	mr Nich: Hide.	mr Edw: Iohnson.
Sr ffran: Leigh.	Dor Anthony.	mr Io: Wolstenholme.
Sr Hen: Mildmay.	mr Nich0 ffarrar Dpt̃.	mr Mole.
Sr Tho: ffinch.	∥mr Berblock.∥	mr Copeland.
Sr Edw: Sandys.	mr Herbert.	mr Tomlins.
Sr Phil: Carey.	mr Io: Smith.	mr Balmeford.
Sr Io: Brooke.	mr Ro: Smith.	mr Io: Elkin.
Sr Ro: Killigrewe.	mr Binge.	mr Paulavicine.
Sr Io: Dauers.	mr Io: ffarrer.	mr ffoxten.
Sr Lawr: Hide.	mr Kightley.	Capt: Gifford.
Sr Tho: Wroth.	mr Shipard.	Capt: Martin.
Sr Hen: Croftℯ.	mr Bulkly.	mr Wilmer.
Sr Io: Wolstenholme.	mr Christ: Earle.	mr Robertℯ.
Sr Roger Twisden.	mr Edw: Palmer.	Capt: Haruy.
Sr Edw: Lawley.	mr Steward.	mr Raph ffreake.
mr Alderman Iohnson.	mr Bromefeild.	Dor Meddus.
mr Gibbs.	mr Risely.
mr Brooke.		[119]
mr Scott.	mr Rich: Bennett.	mr Swaine.
mr Cartwright.	mr Edw: Bennett.	mr Woodall.
mr Leat.	mr Askough.	mr Langley.
mr Caninge.	mr Swinhowe.	mr Browne.
mr Bland.	mr Eldred.	mr Woodnorth.
mr Bull.	mr Widdowes.	mr Tho: Carter.
mr Darnelly.	mr Baynham.	mr Strange.
mr Bowater.	mr Maurice.	mr Butler.
mr Swayne.	mr Etheridge.	mr Truloue.
mr Tucker.	mr Stone.	mr Kirby.
mr Ditchfeild.	mr Meuerell.	mr Perry.
mr Dawes.	mr Edwardℯ.	mr Tho: Waterhowse.
mr Caswell.	mr Io: Porter.	mr ffran: Waterhowse.
mr Rogers.	mr Wellℯ.	mr Birkett.
mr Nichollℯ.	mr Morewood.	mr Elkington.
mr Barbor.	mr Barker.	mr Lake.
mr Lambe.	mr Rookℯ.	mr Ouer.
mr Leuer.	mr Percy.	mr Shelden.
mr Moorer.	mr Tomlins.	mr Pemble.
mr Caswell ∥mr Couell.∥	mr Windham.	mr Combs.
mr ffelgate.	mr Hobbs.	mr Sparrowe.
mr D' Lawne.	mr Viner.	mr Groce.
mr Withers.	mr Iones.	mr Cuffe.
mr Boothby.	mr Wiffin.	mr Collett.
mr Seaward.	mr Mellinge.	mr Webbe.
mr Bolton.	mr Hackett.	mr Wheatley.
mr Masterson.	mr Hart.	mr Derge.
mr Biddolph.	mr Sparrowe.	mr Abra: Peirs.
mr Clarke.	mr Newport.	mr Procter.
mr Ley.	mr Harrison.	mr Rider.
mr Lawrence.	mr Russell.	mr Oliuer Morden.
		mr Wm Vesie.
		mr Robins with diuers others.

At this Court was read first the Court for Virginia held on the Sum̃er
Ilandℯ Quarter Court daye the 27th of Nouember: After wch a good
pause beinge made, the Ea: of Southamptonn signified that he pro-
ceeded after this manner from the verie begiñinge, whereby if any
would take exception at what was sett downe they might haue liberty

to speake to it: But no exception beinge taken thereat, his lp: caused
the next Court to be read beinge that of the 4th of Decembr wch donne
Capt: Martin made request that his old Patent might be redeliuered
him, beinge but deposited in the Secretaries handℯ vpon trust and
therevpon desired Sr Edward Sackuill (at whose moc̃on he resigned
in Court) to speake howe it was, who said that true it was he aduised
him to deliuer it vp, because it was exorbitant and vnlawfull, but said
confidently that his surrender was absolute and therevpon the Court
was pleased to promise him a newe Patent as large as had bin graunted
to any other, and touchinge the insufficiency of his old Patent he was
told the Mr of the Rolls had receaued good satisfacc̃on, Capt: Martin
herevpon desired he might haue a Patent accordinge to the Kings
Letters Patents and the Articles; But he was answeared the Com-
panie would [120] not make newe formes of Patentℯ for him, but was
offered as large a Patent as that graunted to my Lo: of Southampton
himselfe or any other auncient Aduenturer whatsoeuer, But Capt:
Martin presented in Court a Booke entituled Noua Brittania with a
Publication thervnto affixed, signed by the Ea: of Southampton and
Some others: In wch booke he said there was promised 500 acres for
a single share: wch beinge pervsed, and the wordℯ were found to be
not of promise but of hope that vpon diuision there might be allotted
so much hereafter vpon a share, but the Booke was noe Act of the
Court but a private mans worke.

After this the Ea: of Southampton addressed himselfe to mr Wrote
admonishinge him that nowe he had heard the last Court read and
the seuerall passages therein, he would applie himselfe and direct his
speach wholly vnto the partℯ thereof, and declare freely, whither
matters were truely sett downe or noe, Wherevpon mr Wrote humbly
praid his lpe and the rest of the Lordℯ and others of the Counsell, that
they would please to giue him a full hearinge and that such excep-
tions as he should nowe make to the settinge downe of that Court
might be admitted and entred wch he said were of three sortℯ, first of
Omissions, Secondly for insertinge the order of his speach and not
settinge downe thingℯ in their due place, Thirdly for that it was not
donn with that candor and fairenes towardℯ him as ought.

And beinge required to goe on accordinge to that order, he said first
there was an omission of a speach of his in answeare of the Lo: Cau-
endishes to this effect followinge: That he did not p̱string the Acc̃ons
of the Counsell, for he acknowledged the Ea: of South̴tonℯ proceed-
ingℯ to be alwayes like himselfe, most noble, direct, iust, and plaine,
but he said he spake onely of some thingℯ donn in his lps absence
when he was out of Towne whereof his lp: could take noe notice,
And desired the Court to consider that he did not then beate the Aire
or fought for nothinge, for he said he was at that time much pro-
uoaked first by mr Deputy who charged him of ignorance, Secondly
by Sr Edwin Sandys who said he had donn wronge to the State
Thirdly by the Lord Cauendish who was heauy and personall.

To the first mr Deputy made Answeare that in then speakinge that
word he did with the same breath explaine himselfe, sayinge I meane
ignorance of fact because you were not present.

To the second Sr Edwin Sandys said that if mr Wrote was prouoaked
by his speach it was against his will he beinge a gentleman that he
had [121] much respected, and that for the wordℯ wch mr Wrote nowe
challenged him of they were spoken after ∥that∥ mr Wrote had spoke
so violently ∥spoken∥ against the carriage of those buissinesses in the
Quarter Court so that it was Prouocatio post factum.

And the Lo: Cauendish told him that the wordℯ he then spake could
not be otherwise interpreted but spake against the Contract.

Mr Wrote herevpon made a request vnto the Court that Wittnesses on
either side might be examined, and that he might not be proceeded
against vpon mens memories, and that he might haue liberty to except against some of them, and desired (because his Cause might be a lead-
inge example) that his Tryall might be legall and by the Quarter
Court vnto wch he appealed.

His lp: answeared that he could not haue a better tryall of the trueth
of thingℯ sett downe in the Court then by such as were present at that
Court that both heard and sawe what passed on either side.

But mr Wrote desired his request might be put to the iudgement of
the Court the 7th of October last whither it were not equall that he
required.

Mr Wrote also charged mr Deputy for the false entringe of a Court
the 7th of October last, whereby the Company was brought into debt
3000li. To wch mr Deputy answeared that for the entringe of that
Court it was truely and faithfully sett downe by the Secretary and
himselfe accordinge to the passages and meaninge of the Court as
they conceaued, and was as the order is read on the next Court day
followinge, at the readinge whereof mr Wrote himselfe was, and tooke
no exceptions, wch if he had knowne there had bin any falsity he
ought to haue donne, and otherwise was guiltie of that falsificac̃on
wch he nowe challenged him of, But mr Deputy said he would by
them that were present sufficiently proue the Court to be true entred:
And as for settinge of the Companie 3000li in debt there was no such
manner of thinge.

But the Ea: of Southampton said they were gonne quite from the
buissines they had in hand and asked mr Wrote why he refused to be
tryed by this Court who aunsweared, he had iust cause to decline
the testimoneyes of such as were partiall but desired he might haue
liberty to take a full informac̃on from those that were then present the
Court consistinge of Threescore p̱sons: and complained of the longe
intermission of the Corts as if they had bin put of purposely to his
preiudice. [122]

Wherevpon the Lo: Cauendish declared vpon what occasion the
Courtℯ were put of namely Sr Iohn Brooke accompanied with mr Iohn
ffarrar cominge vnto him, Sr Iohn Brooke told him that he founde
mr Wrote sorrie for what he had donn and that if my Lo: of South-
ampton had not bin gonn out of Towne he would haue gonn to him
to haue giuen his lp: satisfacc̃on: Wherevpon he willed that mr Wrote
would sett downe his submission vnder his hand: wch he would send
vnto my Lo: of Southampton, and therevpon Sr Iohn Brooke in mr
Wrotes behalfe desired his lp; that the Virginia Court wch was the
next daye to be kept might be put of; for if ye proceedingℯ of the

former Court should be openly read he was then bound to stand vpon
his iustificac̃on and for these reasons, at Sr Iohn Brooks earnest
request in mr Wrotes behalfe, his lp: caused that Court to be put of
and for no other reason.

Wherevpon Sr Iohn Brooke acknowledged the trueth of what the Lord
Cauendish had deliuered and for that reason the Court was put of:
But mr Wrote said he offered not any Submission, but desired peace
vpon certaine free condic̃ons vizt, That his suspenc̃on from the Coun-
sell should be revoaked, that he should be restored to my Lord of
Southamptons fauor and that nothing should be entred in the Court
to his disparagement: Wherevnto Sr Iohn Brooke replied that he did
not well remember what was then in perticular spoken for he did not
thinke he should be called to an Account for it, but said his principall
end and ayme in this was to haue made a peace if it had bin possible.

Mr Brooke said that somethinge of necessity must be donn for the
honor of this Court wch had bin much scandalized by mr Wrote as for
mr Wrots appeale to a Quarter Court he said, it was rather an Appeale
from the Quarter Court by Spinninge out the time: And whereas mr
Wrote moued for liberty to appointe some to take deposic̃ons of Witt-
nesses on his behalfe he held his moc̃on to be verie inconvenient and
vnfitt, for neither could any but the Deputy and Secretary take the
deposic̃ons, and besidℯ such manner of proceedingℯ would cause a
number of great inconveniences that would neuer haue an end, and
wished mr Wrote to be better aduised in his speeches, and not seeke
thereby to abuse mens iudgements for whereas he said the proceedingℯ
of the Parliament vpon an offender was no president for an Inferior
Court, he said, the greater Court is, the better president; and that an
affront euen to the Court of Pipowder is lyable to censure and pun-
ishment, and therefore much more to so Honoble a Court as this was.

The Ea: of Southampton said that mr Wrote ought not to teach them
howe to iudge, but willed him to hold to the buissines in hand and to
declare whither his wordℯ were truely sett downe in that Cort [123]
or no sayinge he had beguñ well and should proceed on still in the
same manner to declare the rest of the omissions and his other excep-

tions, mr Wrote excepted against the whole Court, sayinge he spake
not those wordℯ neither in manner nor forme as they were sett downe,
and therefore moued that seinge the Court was eight weekℯ in settinge
downe he might haue leaue sometimes to ouersee and pervse the same:
And moued further that seeinge they were newe falne vpon matter
of Sallaries in this great heate of dispute beinge the stringe whereat
he chiefely strooke, that therefore the Salary men might not be pres-
ent when that buissines was put to the question: And as for mr Deputy
he excepted against him as his Accuser.

Mr Deputy said he was no Accuser of mr Wrote as was well knowne,
for the true recordinge of the Court it was the duty of his place and
protestinge that he did not knowe of any thinge sett downe amisse nor
willingly omitted any thinge to mr Wrots preiudice, and besought the
Ea: of Southampton that the Court might be examined by partℯ.

Mr Herbert said that it was to be considered whither they will by
Wittnesses or by the whole Court then present examine whither the
said Courts be truely or falsely sett downe wch he conceaued was most
fittly to be donn by those that were then present

Mr Lawrence Hide said that the Custome of the Court is the lawe
of the Court and findℯ mr Wrote haue erred exceedingly against it,
and cannot excuse him of folly that he moues from §for§ flyinge from
the Court, and therefore admonished him to confesse his error and if
he refuse, he feares he hath some worse endℯ in this course he holdℯ.

The Ea: of Southampton after many digressions made by mr Wrote
recalled him to the present buissines of the Court in question demaund-
ing of him what exceptions he could take against it,: mr Wrote
replied he excepted in euery perticuler matter in that Court that
concerned him.

At length for rectifyinge the Court and for makinge this a leadinge
President, it was proposed whither the Company Court would admit
of any exam̃inac̃on of Wittnesses vpon oath and such other courses as
mr Wrote desired for Tryall of this buissines or noe, or whither they
would trye it by the testimony of them that were present wch beinge

put to the question it was by a generall erecc̃on of handℯ agreed and
ordered that it shalbe only tryed by those that were then present and
eare Wittnesses and not by any such newe and vnusuall courses [124]
as were desired: And because it might be the more exactly & cer-
tainly donn, it was proposed by some that a large Com̃ittee might be
chosen out of them that were present at that Court to examine the
true entry and thereof to make report.

But Sr Iohn Dãuers said that a great inconvenience will befall the
Companie to recom̄itt that wch is sett downe by sworne Officers, for
that any man out of this example may thereby question and trouble
the Court infinitely.

Mr Withers said he had seen and bin conversant in many Courtℯ but
neuer sawe matters Recorded by a sworne Officer to be questioned.

At length much time beinge spent in this pointe, it was agreed and
ordered by a generall erecc̃on of handℯ that for examininge and recti-
fyinge the aforesaid Court of the 4th of December, those onely who
were then present (as the most competent wittnesses in this case)
shalbe againe warned by the Officer to meet on ffriday next to examine
duely the perticular passages of the said Court whither it be rightly
sett downe by the Secretary or no: And hauinge so rectified the same
to the best of their knowledge and memory are to make their report
vnto the next Court of their proceedingℯ therein.

The Ea: of Southampton also desired so many of the said Court as
were nowe present would take notice of the meetinge on ffriday in
case the Officer should not warne them all, in respect the Secrẽ had
not taken the names of all that were present at that Cort.

This beinge donn ∥passed∥ mr Wrote moued for a Coppie of the said
Cort whereby he might the better informe himselfe of what had passed
and make his exceptions vnto each p̱ticuler the more full, but this was
by diuers thought verie inconvenient for many waightie reasons and
an ill President and that p̱haps vse might be made thereof, much to
the Companies preiudice, And mr Io: Smith said that since the trueth
of the Court was denied by mr Wrote, and not as yet confirmed by the
Court it was not a Record, so as it was but onely to be accounted as a

scroll or priuate writinge and therefore it was not fitt to deliuer him
any Coppie of it, till beinge fully confirmed and approued it might
haue the authority of a Record: Wherevpon it beinge put to the ques-
tion, whither mr Wrote should haue a Coppie of it ∥It∥ was by erecc̃on of
handℯ denied him.

But it was ordered that he might haue if he would p̱vse it as long as
he pleased. [125]

After this mr Wrote moued that he might take notℯ, wherevnto
Answeare was made, that if he might haue leaue to take what notℯ he
would it were all one to let him haue a Coppie:

Lastly the Act of Counsell touchinge mr Wrote was read.