University of Virginia Library

XC. Sir Nathaniel Rich. Rough Notes for his Defense before
the Council of the Virginia Company on the Charge of having
altered an Order of the Council[145]
1620 (?)

I find by the readinge of the §last§ Court & haue likewise had some infor-
mac̃on by diuerse then p̃nt that Sr Edwyn Sandys tooke exception to an
order of Counsell (drawne vp indeed at his appointmt by my selfe) §neither
is it the ferst tyme that that seruice hath ben layd on me§ but §§made by as many of the Counsell as eu9 §to my remembrance§ I knew together at
§any§ one meetinge &§§ ratified & confirmed by the handℯ of the most
p̱te §of them§ then p̃nt. This exception It was done §deliuered§ (as I

heard) wth §more bitterness then it is pen̄d yet by the very pen̄ing of
it it seemes he did intimate§ some bitterness as though intimatinge some
wrong §done§ to the Companie by that order, nay (wherein I require
more charitie) it was sd̴ th it was done to some ill end.

§§I will fers[t] giue you full satisfact̃on in the thing it self and though I
had thought I h §& then I will entreate you to giue me leaue to say some-
thing of the man9 of his proceedinge§ it is the ferst tyme that eu9 in my
life I was driuen to a publicke Apologie, neither doe I know the §I haue
lab§ but my comfort is neu9 I could not doe it in §before§ a more noble &
Judicious & indifferent Auditorie blame me not the I be very sensible
neither doe I thinke was eu9 any man of how meane condition so eu9
traduced vppon so slight an occasion§§[146]

I will depose that I drew it vp wth the as much integritie and as neare
§set[147] § to the meaninge and determinac̃on of the Coūsel as to my best
remembrance I could possiblie doe, and tho I am sure you will not a thinke
it a matter worthie blame either in my selfe or any other that shall doe
you seruice in this kind, if beeing com̄anded to reduce th into writinge
a§n§ conference of I thinke I may well say 2 houres at the least to §det
answere§ & determinac̃on of the Counsell consistinge of diuerse p̱ticulars
I should in some one of them mistake in a word or two, & it wch vppon the
least intimac̃on were soone to be amended yet in this p̱ticular for you
doe not therefore I am sure vse to desire any of or societie to take paines
in any of yor busines to thend that you may ferritt out some error whereby
you may tax their proceedingℯ Yet this exception wch is now taken I must
either iustifie to be vniust or I must betray §offer wronge to§ myne
owne knowledge, & therefore for this p̱ticular I say & affirme it to be
the as I fully then conceaued & as still I doe remembr no other then what
was then agreed vppon

[2] You may please to remembr that vpon the 15th of Marche (for the
order leadℯ me directly to the remembrance of the tyme) there was a
meet the Counsell was assembled by Sr E. S. at Mr Ferrars house, where
he proposed a letter drawne by (as I take it) by himselfe §to be sent into
Virginia§ & signed by 2 or 3 of the Counsell his priuate ffriendℯ, this letter
he pre read to the Counsell then p̃nt to be by them allowed & signd. A

great pte of it (for [for] I hould it not fitt to tell you th §this letter§ after
the dispatche of some businesses Capt Argoll preferrd to petic̃on §to§ th'
effect menc̃oned in the order, and after serious debate & considerac̃on
of the p̱tes of it we grew wth one consent as I take it to the conclusions sett
downe. T Hauing so p It was desired that Mr Threasurer thos conclusions
might be reduced into writing both to s give Capt: Argoll satisfacc̃on &
to iustifie the equitie of or proceedingℯ wth him. But much tyme being
then spent & §& the Court attend[in]g vs or coming forth§ it could not be
then done sedente Curia, the Secretarist was appointed to attend Mr
Threas9 for order to drawe it he sendℯ him to me, who tho I was vnwilling
to meddle wth it, yet at hauing neu9 refused (how vnsufficient soeu9) to
p̱forme by best seru[i]ce in any thing layd vpon me & for that as I con-
ceaued it ten[d]ed much to aduance the reputation of or Just proceedingℯ
I di[d] not refuse, I drew it up and I will depose wth as much integritie to
as neare to the true meaning of the Counsell as I could possiblie, but I
kno am not so vayne as to think that in so many p̱ticulars I might not
mistake, what did I before I would send it to the Secretary to be engroced
I sent it to diuerse pe[rsons] [3] & to most of the gentlemen then p̃nt &
first of all to Sr E. S. him selfe by §I§ tould §prayed§ Capt Argoll §who
attended as he sayes twice wthal but if he were at home yet not to be
spoken§ intreating them that if they p̱ceaued I had in any thing mistaken
they would alter it: if it were accg to their meaning that they would sett
their handℯ to it: Many of them Then The bet greater nomber then p̃nt
agreeing it to be the or accd to their meaning I sent it to the Secretary
from that da §this is aboue a qr of a year ago§ since wch tyme I neu9
heard any exceptions only one gentleman or two & that long after the
drawing §of it§ vp sd̴ they did not remembr this p̱ticular now excepted
(that he might choose any 2 of the Coūsell to examine his witnesses if &c?
only one gent̃ s̃d so much to me to whom I answered I remembered it
very well.

So as I hope you are now satisfied would aske of any man here p̃nt what he
could doe more or wt lesse I professe it is want of iudgmt in me if I haue
not gone wth as euen a foote as is possible in this business.

Now for this p̱ticular that it was the order of the Companie I profess I
doe well remembr so I doubt not but many more doe, & §euen§ those that

make doubt of it when I haue refresht their memory will bring it to mynd.
In this business wch concernd the managing §process§ of the busines
adding matter of forme & lawe, Mr Recorder gaue vs his aduise, his &
alleadged he §& I remember th'effec[t] was that the Companie hauing
examined witnesses ex p̱te it was Ius[t] he should doe so to, but bec̃ his
exa9 must be taken in or Court by or Counsell who are sworne Judges he
should take any 2 he would, I op my selfe it was s̃d that we could not
* * *e whether the ɫrs pat̃ should would beare it, then on wch point
we refered or selues to the ɫrs pat̃: If he hath misled I hope he himself
This opinion of his as I tooke it conceaued tooke place nothing in the
wurlde that I can rembr being obiected against it if And I doubt not but
So as for the clearing of the point that it was the Counselɫ order I doe
not only appeale to those gentle9 p̃nt (who only bring mattr of fact must
§are able to§ Justifie it) but I assign you the very p̱son who gaue the
aduise & if you please my desire is that either yor selues would send to
him to com hither or write 2 or 3 wordℯ [4] to know whether he doe not
remembr this p̱t of the order & further if you please whether he himself
did not propose it

If any thing can this be not able to cleare a pr this I know not what is
ffor the matter it self, whether it be fitt yea or no, that will aske a further tyme to dispute

Now this has cleared the point I pray give me leaue as one that desireth
wth my soule the prosperite of this plantac̃on to intreate you to once
againe to consider whether this be a thing fitt or no thus to traduce me
§any membr of this soc̃§ as uniust as iniurious, wthout ferst priually
speaking wth him

It is again We haue made lawes directly against it long agoe this law
being sodainly infringed we saw not long since wt cause there was to
renew it, it was then conformable to the §ferst§ orders standing lawes
made wth so much deliberac̃on