University of Virginia Library

At a great and generall
Quarter Court holden for Virginia
on Wedensday the 5° ffebruary i622

Present

           

Right Honoble	Ea: of Southampton.
	Ea of Warwicke.
	Lo: St Iohn.
	Lo: Cauendish.
	Lo: Lawarr.
	Lo: Dãuers.

                   

Sr Edw: Sackuill.	Sr Iohn Trevor.
Sr ffran: Leigh.	Sr Hen: Maynwaringe.
Sr Io: Ogle.	Sr Edwin Sandys Iuñ.
Sr Nicho: Tufton.	Sr Tho: Wroth.
Sr Phil: Carey.	Sr Edw: Lawly.
Sr Ro: Killigrewe.	Sr ffran: Kenastone.
Sr Hen: Mildmay.	Sr Lawrence Hyde.
Sr Sam: Sandys.	Sr Humfrey Handford.
Sr Edwin Sandys	Sr Roger Twisden.
Sr Io: Dauers.	Sr Io: Skudamore.

                                                                                               

Dor Dun: Deane of Paules.	mr Masterson.	mr Bull.
mr Nicho: ffarrar Dept̃.	mr Addison.	mr Darnelly.
mr Garrett.	mr Collett.	mr Lawrence.
mr Gibbs.	Capt̃: Gifford.	mr Lambe.
Aldr̃an Iohnson.	mr Edw: Palmer.	mr Swinhowe.
mr Brooke.	mr Shippard.	mr Moorer.
mr Herbert.	mr Mole.	mr Leuer.
mr Iackeson.	mr Morden.	mr Couell.
mr Bond.	mr Copeland.	mr Wiseman.
mr Wheatley.	mr Balmeford.	mr Kightley.
mr Chetley.	mr Berblocke.	mr Parkhurst.
mr Ed: Iohnson.	mr Lathum.	mr Dike.
Dor Meddus.	mr Hobbs.	mr Edwardℯ.
Dor Anthony.	mr White.	mr Penistone.
mr Io: ffarrar.	mr ffreake.	mr Viner.
mr Bromfeild.	Capt: Harvy.	mr Scott.
mr Risly.	mr Harvy.	mr Nichollℯ.
mr Tomlins.	mr Io Porter.	mr Seward.
mr Steward.	mr Ro: Smith.	mr Bolton.
mr Io: Smith.	mr Barkham.	mr Grace.
mr Binge.	mr Wm Iohnson.	mr Palmer.
mr Io: Wolstenholme.	mr Etheridge.	mr Robbins.
mr Wilmer.	mr D'Lawne.	mr Robertℯ.
mr Edw: Paulavicine.	mr Whitley.	mr Bagwell.
mr Edw: Gibbs.	mr Bland.	mr Edw: Bennett.
mr Thomas Gibbs.	mr Abdy.	mr Rich: Bennett. [171]
mr Tucker.	mr Dawes.	mr Arthur Swayne.
mr Rogers.	mr Barbor.	mr ffran: Waterhowse.
mr Winne.	mr Budge.	mr Tho: Waterhowse.
mr Caswell.	mr Mellinge.	mr Elkington.
mr Diaper.	mr Cuffe.	mr Lake.
mr Iadwin.	mr Bowater.	mr Gold.
mr Witherall.	mr Caninge.	mr Barker.
mr Boothby.	mr Langly.	mr Sparrowe.
mr Tomlins.	mr Shipton.	mr Norwood.
mr Clarke.	mr Widdowes.	mr Woodnorth.
mr Biddolph.	mr Eldred.	mr Webbe.
mr Meuerell.	Capt: Rossingham.	mr Hackett.
mr Stone.	mr Storey.	mr Ley.
mr Moorewood.	mr Moore.	mr Harrison.
mr Peake.	mr Towler.	mr Careles.
mr Christo: Martin.	mr Hitch.	mr Peirse.
mr Tho: Martin.	mr Kirby.	mr Procter.
mr Colet.	mr Neuill.	mr Sheldon.
mr Hurd.	mr Kirrell.	mr Ed: Waterhowse.
	mr Ewens.	mr Phesie.
		mr ffoxten.
		mr Taylor ∥wth diuers others.∥

Of the Sumer Ilandℯ Company vizt

     

the Right Honoble	Ea: of Southampton.
	Ea of Warwicke.
	Lo: Cauendish.

     

Sr Edward Sackuill.	Sr Iohn Dãuers.
Sr Sam: Sandys.	Sr Tho: Wroth.
Sr Edwin Sandys.	Sr Lawrence Hide.

                             

mr Io: ffarrar.	mr Whitly.	mr Palmer.
Alder̃ Iohnson.	mr Abdy.	mr Robertℯ.
mr Gibbs.	mr Barbor.	mr Bagwell.
mr Nich° ffarrar.	mr Swinhow.	mr Bennett.
mr Bromefeild.	mr Moorer.	mr Caswell.
mr Tomlins.	mr Couell.	mr Rogers.
mr Gifford.	mr Wiseman.	mr Iadwin.
mr Shippard.	mr Kightly.	mr Meuerell.
mr Berblocke.	mr Dike.	mr Mellinge.
mr Hobbs.	mr Edwardℯ.	mr Cuffe.
mr Ro: Smith.	mr Penistone.	mr Caninge.
mr Etheridge.	mr Scott.	mr Sparrowe.
mr D'Lawne.	mr Nichollℯ.	mr Webbe.
		mr Hackett.
		mr Leye ∥wth diuers others.∥

At this great and generall Court was first read the last Quarter Court
held the Twentieth of Nouember ∥last past∥ wch donn the Ea: of
Southampton said that for the better informac̃on of this great Court
he thought it fitt that the whole proceedingℯ of the Companie touch-
inge the Offices and Salaries and other p̱ticulers wch of late haue bin
so much questioñed and defamed should be defamed declared and
manifested by readinge of those seuerall Courtℯ wherein those pointℯ
were treated of, and desired the Companie to giue due attention both
to the reasons themselues, and to the manner of those proceedingℯ
[172] Wherevpon was first read the Virginia Court held vpon the
Sum̃er Ilandℯ Præparatiue Court day beinge the 22th of Nouember and
after that was read the Virginia Court held on the Sum̃er Ilands Quar-
ter Court daye, beinge the 27th of Nouember wch beinge donn, his lp:
willed to respite the Court held the 4th of December (wherein mr
Wrote with such violence burst out) to be read last; and so the Court
held the 29th of Ianuary was read; and after that the Court held on
the ffriday followinge purposely for the reveiwe and examinac̃on of
the Court held the 4th of December; against the settinge ∥downe∥
whereof mr Wrote had somewhat excepted: After that was read the
Court held on Monday morninge the Third of ffebruary and after that,
the Court held that day in the Afternoone beinge the Præparatiue
Court: Next com̃inge to the Courtℯ held on Tuestday beinge the 4th
of ffebrua: wch were held both forenoone and Afternoone and were
onely for the consideringe and iudginge of the newe Proiect presented
by mr Wrote, his lp againe desired their diligent attenc̃on that they
might thereby be fully informed of the weakenes of mr Wrotes Proiect
and howe substantiall the reasons and argumentℯ were, for wch the
Companie thought fitt vtterly to reiect it: Last of all was read the
Court held the 4th of December, beinge p̱fected by the Court held on
ffriday the last of Ianuary, In the readinge whereof com̃inge to that
Clause where mr Wrote replyed he spake not against the Contract but
meant only touchinge the Salaries, wch buissines he said was not com̃-
itted but carried fowly and disorderly and with much art, surrepti-
tiously, and to private ends And that divers of the Companie did both
then and since aswell publiquely as priuately in his hearinge com-

plaine much against it but durst not speake their minds freely, because
they were ouerawed: His lp willed that the wordℯ might be read ouer
againe wch be∥ing∥ distinctly donn, he said that although he was
absent at the begiñinge of the Præparatiue Court yet hauinge heard
it read, that Sr Hen: Mildmay (amongst other thingℯ) did then deliuer
that his mats pleasure was, that men should haue free liberty of speach,
and that he intimated that his Matie had bin informed that they were
ouerawed and durst not speake in these Courtℯ, his lp: said it seemed
verie strange vnto him yet because Sr Henry Mildmay had said it, he
did beleiue it, but he must withall beleiue that it was through a great deale of misinformac̃on and ∥wondred∥ that there should any man be
found so shameles to informe a Kinge of so falce a thinge and there-
vpon appealed to the Court to beare wittnesse in this pointe whither
they were ouerawed and durst not speake and whither they had [173]
not so much freedome as themselues desired: The Court with a gen-
erall voice and vnanimous consent professed that it was a false and
vniust imputac̃on, that they were ouerawed and durst not speake, and
acknowledged to ∥haue∥ enioyed such freedome and liberty of speach
as was in no other Companie permitted and diuers said, that if men
should vse but halfe the liberty of speach in perticuler Companies of
this Citty or demeane themselues with that vnorderlines that diuers
Brothers vsed in these Courtℯ it would not be endured, but that they
should be either punished in the purse or sent to the Counters.

And because it grewe late and much buissines behinde, his lp: put to
the question the continuance of the Court vntill the buissines neces-
sary for that day might be dispatched

And whereas also by order of the former Court there had bin warned
in a Sum̃er Ilandℯ Court to ioyne with the Virginia in such pointℯ as
should mutually concerne them both the Lord Cauendish propounded
the begininge of that Court and the continuance of it so longe after
six of the Clocke as need should require both wch were ordered by the
Sum̃er Ilandℯ Companie.

These thingℯ beinge thus passed the Court held the 4th of December
was read out, Wch beinge donn the Ea: of Southampton said that the

report of these great distempers and indiscrec̃ons of mr Wrote related
in that Court caused him im̃ediately after to com̃e vp out of the
Country to prouide timely a remedie against the inconveniences that
would followe vpon this distemper and to that purpose assembled the
Counsell whither mr Wrote himselfe was warned, with whome he
intended to proceed in all gentle and faire manner, such as might
best bringe him to the acknowledgement of his error and to the
reduceinge of him againe into the right waye: what the effectℯ
thereof were, and howe mr Wrote behaued himselfe to the doublinge
of his offence, his lp: said, the Act of Counsell would declare wch he
willed to be read, wch was accordingly donne: And after some pause,
his lp: dem̃aunded whither mr Wrote was in the Court, sayinge he
did expect him there either to avouch or aproue the thingℯ that he
had §spoken &§ donne or elℯ to retract them, but mr Wrote appeared
not.

∥And∥ Sr Samuell Sandys said that a litle before as he was com̃inge
to the Court he mett mr Wrott cominge from the Court, and askinge
him whither he went mr Wrote said he was verie ill at ease and could
not staye. [174]

The Lo Cauendish said that he remembred that mr Wrote had on
the Monday appealed vnto the Kinge and to such Deligatℯ as his Matie
should appointe, and supposed that he did persist in that resoluc̃on
and therefore seemed to require the iudgement of those learned gen-
tlemen that professed the studie of the lawe what in this case was to be
donn.

Wherevnto mr Brooke made aunsweare, that mr Wrote hauinge
appealed, if either by sufficient testimony of any present, or by other
good evidence it could be made appeare vnto the Court, that his Matie
hath accepted of that appeale, then the Court was bound without any
farther medlinge in the buissines to reserue the matter entire to his
Maties pleasure from whome they deriued all the power and authority
they haue, But seeinge neither mr Wrote himselfe appeared nor any
other signified any such thinge, he did not conceaue that the Com-
panie was any waye debarred by his pretended appeale (wch beinge

not accepted was as nothinge) from proceedinge in a due and legall
manner accordinge to the power graunted vnto them by his Mats Let-
ters Patentℯ wch opinion was generally confirmed, and therevpon the
Court desired that mr Wrotes buissines might be handled.

Sr Edwin Sandys tooke occasion to declare that as in many things he
did much differ in opinion from mr Wrote, so in nothinge more then
in the State of this buissines, ffor he was farr from conceauinge that
mr Wrote was accused & prosecuted, but contrariwise thought it verie
apparant that he was the persecutor and Accuser: Hee had accused
the principall managers of this Contract with his Matie of Arte and
priuate endℯ, the Com̃ittees he had blamed for disorder and negligence,
the Counsell he had traduced for improuidence and indiscrec̃on, the
Courtℯ for vsurpinge an vnlawfull power, our Noble Gouernor for
ouerawinge the Courtℯ, in Som̃e the whole proceedingℯ in this buissi-
nes he had condemned for foule disorderly and surreptitious; where
by the waye to cleere the question whither the Quarter Court should
transmitt a Derivatiue power to another Court, he said, that true it
is, that there are some things by the Letters Patents absolutely lym-
itted to a Quarter Cort wch cannot be transferred to any other as the
disposinge of landℯ, the makinge of lawes, the choise of principall
Officers with some other matters of like important quality, wherein
the power of a Quarter Court cannot be deriued to any other Court
but for the setlinge of those smale differences then dependinge between
the Lord Treasuror and the Companie the Quarter Court might [175]
transmitt the power thereof to another Court wch in fine wrought no
other effect then this, then that the Actℯ of that Court ∥should be of
that authority∥ as not to be reversed by any other then a Quarter
Court: The proceedingℯ and resoluc̃ons of wch Court: mr Wrote hav-
inge questioned with so great acerbity of speach as also the Actℯ of
the Counsell and Com̃ittees together with the demeanor of his lp: and
other p̱sons of qualitie it could not be otherwise conceaued then to be
a direct Accusac̃on and consequently that mr Wrote bare the part of
the Accuser, And therefore for him to appeale from his owne Accu-
sac̃on was somewhat a strange course and before not heard of, seeinge
no Appeale could be but a Gravamine for as for his suspenc̃on he said

it was only for his contempt towardℯ the Counsell and noe other mis-
deamenors so that he hath not bin p̱sequuted thereby, (as he com-
plaines) but hath bitterly and vniustly persequuted others, for if his
Accusac̃on haue bin iust and well grounded why doth he forsake it
nowe the daye of Tryall is come, the daye of that Court to wch himselfe
appealed, the p̱sons by him accused stand here in the face of the
Court, submittinge themselues to the Tryall by him desired, they
expect their Accuser, hauinge hoped that he would haue come in like
a braue gentleman and iustified those false §foule§ asperc̃ons where-
with he had charged them, but Innocency and Trueth he said, were
bold and setled whereas calumnies and vntruthes were fearefull and
fugitiue.

Hee further said that of all his calumnies and Accusac̃ons there was
none more vniust, nor more apparantly vntrue then that wherewith
he had charged (though not by name yet by necessarie inference) my
Lo: of Southampton himselfe, namely that the Companie were so
ouerawed that their liberty of speakinge was taken awaye from them,
nowe what mischiefℯ haue ensued herevpon euery man might appre-
hend, for it appeared by Sr Henry Mildmayes speach, that his Ma
eares haue bin possessed therewith, euen as mr Wrote with his frendℯ
and familiar hath filled all partℯ of the Citty and Country with like
causeles clamors and brought great scandall vpon the Companie, wch
wrongℯ so great, so vniust and so p̱nitious, if they should be suffred
to continue and proceed wthout repressinge them, he sawe not but the
whole gouerment of the Companie must withall dissolue and fall into
extreame scorne, contempt, and confusion.

The Ea: of Southampton said that he could not without some pitty
thinke on the extreame trouble and vexac̃on that one mans vnrulines
in his speach, and dissorderly carriage had brought vpon the whole
[176] Companie, hauinge forced them to keepe so many Courtℯ daye
after daye, and that of so longe continuance and vnseasonablenes as
good partℯ of the nightℯ haue bin taken vp by them and that not about
matters of waight neither in his cause but onely for ye satisfyinge of
his friuolious friuolous exceptions and cauellℯ and debatinge and

answearinge of his impertinent and absurd Propositions Wherefore
he supposed the Court should do verie well by a iust censure of so
many enormities and excesses to preuent the like occasion of misde-
meanor and molestac̃on to themselues hereafter otherwise he did not
see but another man might be encouraged by the impunity of this
fact, to do as much the next Court, whereby the Companie should
be quite tired out and the whole buissines be vtterly ouerthrowne; for
such was the malignancy of this passage, that for full eight weekℯ it
had hindred all other proceedingℯ.

Sr Iohn Dãuers said that hauing seen mr Wrote present himselfe since
the sittinge of the Court, and afterwardℯ findinge that he had with-
drawne himselfe, it seemed plaine to him, that he had deserted his
cause wch he sawe he could not mainetaine, and therefore he did not
thinke it fitt to loose any longer time in expectinge him but to pro-
ceed to the sentencinge of him, but yet before that was donn he
thought it fitt that those imputac̃ons charges and accusac̃ons wch mr
Wrote had laid vpon the proceedings of the Counsell and Companies
in the buissines of the Contract, and perticulerly of the Salaries,
should be propounded to the iudgement of the Court; (vizt) whither
they did approue all or any of them to be true wch course was well
liked: Wherevpon his lp: put it to the question whither they did not
thinke that those exceptions charges imputac̃ons and Accusac̃ons laid
by mr Wrote were not false and slaunderous, It was by a generall
erecc̃on of handℯ adiudged that they were false and slaunderous noe
one dissentinge.

After this Sr Henry Mildmay stood vp desiringe liberty and fauor for
a worde or two, ffirst he desired this honoble Companie would not
thinke that he hath bin the instrument to stirr vp stormes but one
that hath endeauoured to allaye them And whereas he vpon the Mon-
day before declared ∥deliuered∥ his aduise as from himselfe vnto the
Companie vpon some conference [177] he had with the Kinge touch-
inge certaine pointℯ, he was informed some made a question, whither
he had warrant to deliuered what he then did: Hee thought good
therefore nowe to signifie, that whatsoeuer he intimated before vnto

them he had nowe warrant from his Matie who by waye of aduise and
Counsell, but no waye to com̃aund them wished That verball differ-
ences may be left, and the busines of the Plantation goe on.

Wherevpon the Earle of Southampton said that for the matter of dif-
ferencℯ they were nowe about to laye them aside and to make such
an end as they might goe indeed forward with the buissines of the
Plantac̃on wch had bin verie longe and sorely interrupted: But if it
were his Mats pleasure, they should not meddle with any evill wordℯ
or evill behauior they would all obey: Sr Henry Mildmay answeared,
he had no com̃aund, at all from his Matie but onely warrant to speake
what he nowe had deliuered by way of aduise

Sr Edward Sackuill said that to proue a trueth one of the best eui-
dences is to haue one and the same thinge and ∥auerred∥ by double
testimony that Sr Henry Mildmay hath in substance faithfully deliu-
ered his Mats most gracious answeare message he can, knowingly
affirme and wittnesse for it beinge feared that some had endeau-
ored to preiudicate his Mats good opinion with sinister relac̃ons of the
proceedingℯ of this Companie he did out of his zeale to trueth and the
duety he owed to this Society, mediate for accesse whereby he might
enioye the meanes as he did the minde to rectifie such misinformac̃ons
and remoue vniust impressions if any such haue bin harboured in
his royall brest but truly he could not finde that there were any:
onely that his Matie had bin pleased out of his to send a Message then
irrevocable, by reason he beleiued it was already deliuered it beinge
then about three of the Clocke wch in essence and effect did correspond
and accord with this nowe im̃ediately related, namely that at last his
Matie invited vs to forsake words and fall to Actions and at last to end
to talke and begin to doe, wch would most advance his service and
conferr the greatest benifitt vnto the Collony vnto wch he wished all
happines.

The Companie did with generall voice acknowledge much ioye and
thankfullnes to his Matie for his so royall care and remembrance of
them and their affaires and that after such a manner as they professe

neuer to haue receaued a greater fauor And therefore it was generally
desired by the Court, that to make a finall end of these matters that
had so longe interrupted and diverted them that accordinge to his
Mats graceous aduise and Counsell they might fall to acc̃on & dispatch
the buissines nowe in hand without any further circumstances or
delay. [178]

Wherevpon mr Christofer Brooke said that since the waye to bringe
it to an end was to fall to it, he would first beginn, And first he said
that by that wch had bin declared against mr Wrote he did not per-
ceaue that he had accused but abused the Court and all those other
parties wch he sought to disgrace and that in such a manner as might
not be let passe vnpunished, for as it is true that a President doth
more good then many precepts so an ill example in a Companie or
Society doth much more hurt as for the lawe he said it is plaine that
if a man enfranchised in any Companie shall speake against the good
thereof he may be disfranchised but if he shall contemptuously behaue
or carrie himselfe against ye Gouernor or Gouerment thereof he is
subiect to fine and imprisonment and although it was plaine that mr
Wrote had in both these kindℯ offended in a verie high manner, for
his wordℯ and behauior both to the Counsell and Companie had bin
extreamely contemptuous, and his moc̃ons, attemptℯ and practises full
of indiscrec̃on and of euill consequence, as did maynely endanger the
ouerthrowe of the Companies and Plantac̃ons and wherein there was
certainely manifested a great deale of ill will yet because the wordℯ
would not directly beare it, he would not therefore touch vpon his
ffreehold in Virginia by disfranchisinge him, but would aduise rather
that mr Wrote (hauinge so exceedingly misdemeaned himselfe) ∥should∥
by the Court, wch as it had power to choose so likewise it had power
to depriue, be put of and excluded for euer from beinge any more of
the Counsell and further that he should be suspended from cominge
to the Courtℯ till he looked into his owne error and made submission.

The Lo: Cauendish said mr Wrote had shewed an ill affecc̃on to the
treaty of the Contract since the very first begiñinge thereof for beinge
(before the Contract came to Proposition) a dilligent Attender at

Courtℯ, he since that time often absented himselfe from Courtℯ and
from the meetings of the Counsell and Com̃ittee where that buissines
was handled and because he would not giue his consent, he therefore
would giue no aduise: And whereas before it his duety as a Coun-
sellor to haue assisted with his Counsell and helpe for the preparinge
and ordered of such waightie and important pointℯ he refused and
neglected it, although he were p̱ticulerly warned to their meetingℯ,
but when thingℯ were passed and ordered and could not be revoaked
then with strange violence and vnorderlynes vnder [179] pretence
of zeale and care of the Publique good, he did in all places publiquely
and priuately call in question the Actℯ and proceedingℯ of the Coun-
sell Comittees and Companie defaminge and deprauinge them with
as many virulent asperc̃ons as a foule mouth and an ill heart could
deuise, neither was his mallice bounded in these passages onely but
runinge out to other matters he made heauy challenges and laid foule
crimes vpon some of the principall Officers in the Company with an
intent onely to slaunder them, for as they had seen, he refused and
withdrewe when he should come to the pointe.

His lp: further said, he obserued his offences in that Court of the 4th
of December to be three: ffirst his exception against an order in the
Spanish Roll, where the Companie are to beare a Tenth part: Touch-
ing wch hauinge refused formerly to giue his aduice although he were
warned to the meetingℯ of the Counsell and Com̃ittees where that
buissines was largely and fully debated; yet after it was by the Act
of both Companies in their Quarter Courtℯ concluded and agreed, he
in that ordinary Court beinge told that it could not be altered beinge
warned that it might extreamely preiudice the Companies, would not
forbeare to dispute against it, nor would keepe any order, but speake
as often as he listed, and to the intent the better reasons ∥wth∥ wch
he was aunsweared might not frustrate their feares and discourage-
mentℯ wch he laboured to instill into the Companies mindℯ, he did not
only confidently avouch the Lawes of the Realme to be agreeable to
his opinion, but falsely (as by his owne confession afterward to the
Counsell appeared) affirmed that he had asked the Counsell of the
Lawyers p̱ticulerly concerninge that pointe to make this evill sineke

∥ye∥ deeper and that this was donne not out of present passion and
heat, but vpon premeditate intenc̃on to raise a Combustion, His lp:
said he was the more confirmed therein because at that Court he
obserued, diuers whome he had not of a longe time before seen in
Courtℯ and was generally knowne and obserued not to appeare or
shewe their faces but against a storme and Tempest: Secondly in
that Court wch mr Wrotes wronginge ye Counsell and that in a high
manner, in generall the Com̃ittees and Companie, all whome together
with the Gouernor he depriued not onely of want of wisedome and
iudgement to contriue and consult of thingℯ but of want of care duely
to consider and prepare them; and lastly of honesty it selfe; for all
these things doe the wordℯ wch he then spake not only imply but
directly and plainely charge, he sayinge that thingℯ were not fairely
carried but fowly and with much art surreptitiously, and to priuate
endℯ and that the Companie durst not speake their minds because
they were ouerawed: So that there was neither wisedome nor care;
nor [180] nor honestie nor good meaninge: and although with a
protestac̃on post factũ, he would seeme to turne it from the Ea: of
Southampton himselfe, and the rest of the Counsell; yet the truth
was, that those accusac̃ons could setle nowhere elℯ, for the Ea: of
Southampton himselfe and the Counsell were not onely consentinge,
but Actors and the chiefe and principall in all those passages wch mr
Wrote had thus censured, and herevpon his lp: tooke occasion out of
the Court bookℯ themselues to demonstrate howe duely howe orderly
and howe fairely, all thingℯ had aswell in the Counsell & Com̃ittees,
as in the Courtℯ, been carried, howe maturely they were prepared,
howe iuditiously debated howe freely propounded to the Courtℯ howe
men were invited to speake freely their mindℯ concerninge them,
howe those that made obiecc̃ons were not onely patiently heard but
thanked.

The third offence wch mr Wrote com̃itted in that Court was vnder a
pious pretence of the poore Planters good, to laye a foundac̃on and
groundworke to nourish a discontent and dislike in the Planters
mindℯ concerninge the Contract and the Companies, and to sett him-
selfe vp for a Champion and Patron of them, as though the Companie

were negligent of their good or purposed to opresse them and so to
raise a mutiny: Besidℯ his lp: said he would lay the heauier censure
vpon him for goeinge with so false an Accusac̃on to the Kinge, as
implyinge that they were ouerawed and durst not Speake, wch could
come from no man but mr Wrote: And therefore seeinge his Matie so
much desired an end of these differences, his lp: conceaued, it could
not better or sooner be p̱formed then by cuttinge of so vnworthie a
Member.

Wherevpon his lp: said that he affirmed the former censure of the
Counsell and nowe his opinion was that mr Wrote be excluded and
put of from beinge of the Counsell, neuer to be admitted thereof
againe: Secondly that mr Wrote be disfranchised from the Companie
as an vnworthie member, Thirdly that Cautions be giuen to all suc-
ceedinge Gouernors that they p̱mitt not mr Wrote againe to steppe
into the Companie.

Sr Edward Sackuill said that he would not nowe stand to anatomize
the carriage of mr Wrote seeinge the Lord Cauendish had so fully
donn it, As for the censure wch his lp: was of opinion should be laid
vpon him, he said that if mr Wrotes present behauior were onely con-
sidered he was of opinion, that the censure was farr vnder the merrit
of his demerritt, but he had both heard and seen that mr Wrote had
formerly donn good seruice for the [181] Companie: Wherefore
although he was nowe an infected Member, yet because he might
p̱happs become good againe, his opinion was that he should be dis-
composed from beinge of the Counsell & suspended from the Courtℯ
vntill he make his submission.

Sr Iohn Dãuers said that he cannot remember much merritt in mr
Wrote for matter of Counsell and therefore would conclude him with-
out returninge that he should neuer more be of the Counsell: Sec-
ondly his opinion was that he should be suspended from cominge to
Courtℯ vntill he shall acknowledge yt his sentence is iust and fault
great and that in a Quarter Court: And further because of his many
appeales and threatnings heretofore openly in Court and elℯ where

of prosecutinge his ill intenc̃on some other wayes if he shall not from
hence forward desist those indirect courses, his moc̃on was that mr
Wrotes proceedingℯ together with the Companies sentence should be
put in print for the iustificac̃on of the Companie.

Sr Lawrence Hide said he was sorrie to heare a man of that sufficiency
as mr Wrote had shewed, com̃itt so great a fault as to be guilty of
mutiny and so great obstinately §to§ p̱sist in so bad a course, he
hauinge bin offered so many meanes both from the Counsell and
Companie to see and am̃end his error withall he feared his fact is
such as some others of the Company haue bin infected thereby and
therefore for examples sake and that this his censure might be a
Terror vnto others, he held it fitt he be excluded for euer both from
the Counsell and Company without acceptinge of any submission or
acknowledgement at all howe great soeuer.

Herevpon the Ea: of Southampton said, that seeinge the opinions
were somewhat different, he would propound a middle waye touching
his suspenc̃on from the Counsell ∥Company∥, namely that it might be
for a time vntill he shall submitt him selfe and not absolutely for euer,
In the end after some dispute it was thought fitt to make a question:
ffirst therefore his lp: putting to the question whither mr Wrote
should be put of and excluded for euer from beinge of the Counsell;
It was by a generall erecc̃on of handℯ (no one dissentinge) concluded
and ordered that he should be put of and excluded for euer from the
Counsell.

Secondly my Lord put it to the question whither the Companie would
haue mr Wrote disfranchised or suspended as had bin proposed, It
was by plurality of handℯ agreed that he should be onely suspended.
[182]

Thirdly his lp: put it to the question whither his suspenc̃on should
be absolute for euer has had bin propounded or whither after a cer-
taine time vpon his submission he might not be admitted the question
beinge put it was by a generall erecc̃on of handℯ agreed his suspention
should not be for euer.

ffourthly it was put to the question whither his suspenc̃on should be
lefte indifferently vntill he shall submitt, or whither he should be
absolutely suspended for one whole yeare, wherein his submission
though he offered it should not be accepted: It beinge put to the
question it was by a generall erecc̃on of handℯ ordered and agreed,
that in reguard he had neglected that time, (wherein he might haue
made his peace if he had submitted himselfe) he should therefore be
excluded for one whole yeare entirely, wherein his submission should
not be accepted although he should offer it: But at the yeares end if
he shall then make his submission to the next Quartr Court followinge
in such good manner as shalbe fitt, that then it is left to the pleasure
of the Quarter Court to readm̃itt §but§ without due submission it was
ordered he should neuer be admitted.

Lastly vpon Sr Iohn Dãuers moc̃on that in case mr Wrote notwith-
standinge his iust censure, shall persist in his willfull opinion and
courses to cast asperc̃ons vpon the Company and Courtℯ or any way
wronge or molest them, directly or indirectly, then to cause his sen-
tence wth a Declarac̃on of his proceedingℯ be put in print; wch moc̃on
beinge well aproued of, was put to the question, and by a generall
erecc̃on of handℯ ordered accordingly.

Vpon moc̃on it was generally agreed and ordered that Sr Robert Kil-
ligrewe should be of the Com̃ittee in stead of mr Wrote nowe sus-
pended.

Sr Edward Sackuill said that although it was vnseasonable yea almost
vnmannerly to abuse the patience of this Court wth longer discourse,
their eares beinge already harried and wearied with too much noise of
this kinde, yet he would presume a litle further on it, beinge engaged
by promise to impart this night what he had to trouble them with,
and hoped easely pardon, since it tendℯ either to ∥the their∥ Honor or
their proffitt, if not to both: Meetinge of late casually with Sr Thomas
Smith (who once and that longe had bin the Primus moter in this
Companie) he addressed [183] himselfe vnto him seeminge much
discontented at the professions he had heard Sr Edward had made in

diuers places of his beinge in debt to the Companie, he beinge one,
that vsed not to deny what he had said, and com̃only to speake what
he thinkℯ Sr Edward said he confessed it true that he had spoken to
others as much as was informed him by persons of good worth and
vnderstandinge whome as yet he had no cause to discreditt: Where-
vpon Sr Thomas professed his integrity and innocency, and amongst
many Argumentℯ he vsed two wch most moued ∥wth∥ Sr Edwardℯ: one
that if he were indebted so much as was imputed why did the Com-
panie that pretended necessity forbeare thus longe to beginn to recouer
it, he beinge able to make satisfacc̃on: Next Sr Thomas Smith pro-
tested he had diuers times importuned an auditinge of his Accountℯ,
wch by the space of three yeares he could neuer yet obtaine, though
for his part he had deliuered in all his bookℯ whereby to taxe him;
There was then present two gentlemen of good worth and reputac̃on
Sr Humfrey Handford nowe Sheriffe and one mr Abdy a rich mar-
chant that confirmed as much addinge they had by assent of the Court
and vpon oath examined his Accountℯ, and in the ballancinge of them,
found the Companie to owe vnto Sr Thomas Smith fiue hundred and
odd poundℯ wch they had wittnessed vnder their handℯ and deliuered
vnto this Court: Herevpon Sr Thomas Smith desired he might goe
∥on∥ with peace into his graue beinge already farr stricken in yeares,
wch alone must shortly period his dayes, were it not accompanied with
many other infirmities incident to age; the paines whereof, though
many times they much tormented and afflicted him were nothinge in
comparison of those wherewith his good name and reputac̃on stood
affected by these iniurious and vniust asperc̃ons espeacially proceed-
inge from thence whome he had hoped to haue merited by his many
yeares paines a better returne and acknowledgement: Sr Edward
Sackuill therefore said, to deny this request of his was meere iniustice
and to delay it but hard iustice, wherefore he beseeched the Court to
appoint some with expidic̃on to put a finall end to this buissines by
liquidac̃on of his Accountℯ, and by the verity of them, lett him stand
or fall, till then (he said) himselfe and euery man are bound in Charity
to hope the best and in honestie to condemne no man that that
fairely putℯ himselfe to his tryall, and by this waye proffitt will redound
to the Companie if there be any thinge due, and if not it is for their
honor to giue him a Quietus est. [184]

Wherevpon Sr Edwin Sandys said that he conceaued the office of the
Auditors was not to make an Account but to examine it, but the Audi-
tors after longe and great labor taken in p̱vsinge and considering of
the Account exhibited by Sr Thomas Smith haue found the same so
defectiue, disorderly and intricate as it can hardly merritt the name
of an Account, beinge many wayes faulty and altogether vnexaminable
wch he spake not (as he said) to laye any asperc̃on vpon the reputac̃on
of Sr Thomas Smith, further then of neglect and that through multi-
tude of buissines: ffor the world knewe that Sr Thomas Smith neither
kept the Accountℯ nor made them, but to satisfie Sr Tho: Smith him-
selfe that the fault of not auditinge was not in the Auditors, but in
the Accountℯ he had in writinge ready to shewe certaine waightie
exceptions formerly taken against them wch yet he desired not to be
read openly in Court beinge prepared onely for the present veiwe of
my Lord of Southampton, who had oftentimes moued the Auditors
for dispatch of those Accountℯ: Notwithstandinge, my Lo of South-
ampton desired they would proceed to doe something therein, and if
they finde them bottomeles, then to certifie Sr Thomas Smith what
the defectℯ be wch was promised should be donn wth as much expidic̃on
as other buissines would p̱mitt.

His lp: moued that these followinge might be admitted of the Counsell
in respect of their worth and sufficiency vizt

• Lo: Maynard.
• Col: Ogle.
• Lo: D'Lawarr.
• Lo: Gen9all Veere.
• Sr Lawr: Hide Knight.

All wch beinge put to the Question were by a generall erecc̃on of handℯ
admitted accordingly.

These 3: Patentℯ examined and compared in the morninge by a
Com̃ittee appointed by the former Court were put to the question and
approued and order giuen for the sealinge of them. ∥viz∥

• Patent to Capt: Io: Martin
• Patent to mr Arthur Leuellis
• Patent to mr Haberly and James Haberly his Sonne. [185]

These Comissions followinge were all put to the question and ordered
to be sealed (vizt)

Comission graunted to mr Richard Mitton mr of the Abraham of
Topsom first for transportac̃on of Passengers and after for a fishing
voyage.

The like to mr Richard Curtis mr of the Mary Margaret of Topsom
first for transportac̃on of Passengers and after to goe a fishinge.

The like Comission to mr Gabriell Barbor for the Bonny Besse of
London of about fower score Tuñ for transportac̃on of Passengers
and after for a ffishinge voyage.

The like was graunted to mr Richard Quaile mr of the Ann of Vir-
ginia for transportac̃on of passengers and after for a ffishinge voyage.

Vpon the moc̃on of mr Arthur Swayne and mr Wm Constable a Com-
ission was graunted to mr [57] Reignolds mr of the Wm and Iohn to
goe a fishinge onely for the reliefe of the Colony.

Sr Humfrey Handford passed one Share to Sr Tymothy Thornhill.

This Court beinge read was confirmed by erecc̃on of handℯ to be truely
settdowne to the effect and sense of ∥ye∥ thingℯ said, donne and passed
therein.