University of Virginia Library

An extraordinary Courte helde for Virginia ye
23th of May 1620

Present
The Right Honoble͠:

               

The Earle of Southampton.	Sr Eduard Sackvile.
The Lord Cauendish.	Sr Edwin Sandys.
The Lord Sheffeild.	Sr Nicholas Tufton.
The Lord Pagett.	Sr Henry Rainsforde.
	Sr Thomas Wroth.
	Sr Walter Earle.
	Sr Fraunces Lee.
	Sr Iohn Wolstenholme.

               

mr Deputy.	mr George Sandys.	mr Swifte.
mr Gibbes.	mr Sam : Wrote.	mr Louell.
Dr Gulstone.	mr Palavicine.	mr Meuerall.
Dr Winstone.	mr Robt Smith.	mr Woodall.
Capt Maynwaringe.	mr Gabriell Barbor.	mr Bull.
Capt Argoll.	mr Bearblocke.	mr Sparrow.
Capt Tucker.	mr Delbridge.	mr Mellinge.
Capt Brewster.	mr Casewell.

Mr Thr̃er desyred that before they p̳ceeded into other buisines hee
might speake a few words for the Cleeringe and iustifyinge himselfe,
ffor wheras itt is divvlged that hee should incense the Spanish Ambas-
sador against Capt Argoll ∥Capt Argall∥ as allso against ∥the Lo:North
and∥ Capt North his brother hee vowed and protested that hee never
did see the Spanish Ambassador butt in the streets nor never sent or
received any message to or from him neither ɫre or any other writ-
inge, Whervppon in his his behalfe itt was said itt was impossible to
be him, itt beinge sett afoote when hee was in the Country, butt that

ther were so many of these Asp̱sions that this is no wonder, and that
if they had their right they deserved to receave condigne punishment
for rumoringe such falsities.

This day beinge apoynted by order of Courte was spent in hearinge the
Cause between Captaine Argoll, and Captaine Edward Brewster touch-
inge his Condempnac̃on att a Marshallℯ Courte in Virginia, att such
time as Captaine Argoll was there Deputy Gouernor: the p̳ceedinge
wherin will appear by the sentence of the Courte wch att the request
of Captaine Brewster was ordered to be sett downe in writinge and
sealed wth the Seale of the Company.

The sentence of the Courte touchinge Capt Brewsters
Condempnation.

The Threasuror, Counsell, and Company of Aduenturers, & Planters
of the Cittie of London for the ffirst Collony in Virginia, To all vnto
whome these presents shall com to be seene or heard Greetinge,
Wheras Captaine Edward Brewster hath heartofore exhibited aswell
to the said Counsell, as allso to the said Thr̃er and Compa: assembled
in their generall Courte, a Complainte in nature of an Appeale against
Capt ∥Samuel∥ Argoll late Deputy Gouernor of Virginia and from a
sentence of Death awarded against ∥the sd∥ Capt Brewster, by a Mar-
shall Courte in Virginia called and assembled by the said Capt Argoll
ye fifteenth day of the monneth of October 1618: wch sentence the
said Capt Argoll in [116] his answere to the said Complainte may-
teyned to be iust and good: ffor the hearinge and finall orderinge of
wch cause in varience after [the] exaninac̃o and deposic̃ons had and
taken att the Tryall of the said cause in Virginia, together wth the
p̳ceedings and sentence of the said Marshall Courte by vertue of a
Comission by vs graunted were returned from Virginia; And after
divers daies of hearinge formerly sett downe, and adiourned from time
to time vppon default of appearance of the said Capt Argoll; Itt was
now lastly ordered in a great and generall Courte: Commonly called a
Quarter Courte held the seaventeenth day of May 1620, that on the
twesday ensuinge p̱emptorily and wthout more delay in a generall
Courte to be summoned for yt purpose the said Cause should receave
a full and finall hearinge and determinac̃on.

At wch day beinge the three and twentieth day of the said monneth
of May in a great Courte held by the Thr̃er and Company wheratt
were present The Right Honobl͠, Henry Earle of Southampton, Wil-
liam Lo: Cauendish Edmond Lord Sheffeild, William Lo: Pagett, Sr
Edw: Sackveill knight Sr Frauncis Leigh knight of ye Bathe, Sr Nich-
olas Tufton knight Sr Edwin Sandys knight, Sr Iohn Dauers knight
Sr Henry Rainsford knight Sr Frauncis Egioke knight, Sr Tho: Wils-
ford knight, Sr Tho: Wroth knight Sr Walter Earle knight, Sr Iohn
Wolstenholme knight, Sr Henrie Maynwaringe knight, Sr Edward
Lawley knight, Thomas Gibbes esqr George Sandys esquire, Samuell
Wrote Esqr Mr Iohn Ferrar Deputy and a great nomber of the gener-
allitie of the said Company: the said Capt Edward Brewster, and
Capt: Samuell Argoll beinge p̱sonally present, after a full hearinge as
well of the said Capt Brewster as of the said Capt Argoll wth their
seuerall Declarac̃ons and allegations on both sides and after mature
deliberac̃on, and weighinge of the wholl Cause, wth the Comissions
Deposic̃ons and other writinge p̳duced Itt was by vs the said Thr̃er
Counsell, and Company finally ordered and determyned as here
ensueth.

Forasmuch as itt appeareth by his Maties: L̃res Pattents bearinge date
the three and twentieth day of May in the Seaventh year of his Mats
raigne of England Cr. That all proceedings in matter of Iustice to be
vsed and exercised in Virginia are to be framed as neer as may be
agreable to the Lawes, pollicie and forme of Gouerment of this
Realme of England, and that the graunt of the vse of Martiall Law
in Virginia is in the said L̃res Pattents expreslie restrayned to the
cases only of Rebellion, and Mutenie in like sorte as his Mats Lieu-
tenantℯ in the seuerall Counties of England have power by their
Comissions to exercise the same, Which declarac̃on of his Mats royall
pleasure touchinge the manner of Administrac̃on of Iustice in Vir-
ginia was expreslie incerted in the Comissionn for the place of Gou-
ernor graunted to the said Lo: Lawarr vnto wch Comission and the
seuerall Clauses therin conteyned, the Comission for beinge Deputy
Gouernor graunted to the said Captaine Argoll had manifest refer-
rence: And Forasmuch allso as itt did no lesse playnlie appeare, and

was generally acknowledged that att the time of the said Tryall in
Virginia the Country people there had and enioyed an vniuersall
peace and tranquillytie at home and abrode. [117]

And moreouer itt appeareth by the p̳ceedings and sentence of the said
Martiall Law Courte authentically certified and returned to vs as allso
of the examinac̃ons ther had and taken, that the said Martiall Courte
p̳ceeded against the said Capt Edward Brewster vppon the two and
thirtieth Article of their Martiall Law sett downe in these words
vizd, no man shall offer any Violence, or contemptiously resist or
disobey his Comaunder, or doe any Act or speake any wordes which
may tend to the breedinge of any disorder, or Muteny in the Towne
or Feilde, or disobey any principall Officers directions vppon paine
of death And that the fault wherwith the said Capt Brewster was
charged and wch was iustified against him by two wittnesses, namely
Thomas Parsmore and Iohn Lampkin was words importinge matter
of Disobedience and opposic̃on to the said Captaine Argoll not in his
place of Gouerment butt in matter of pryvate varience aboute the
Teñntℯ and servants of the said Lo: Lawarr then deceased wch beinge
sett on worke by the said Captaine Argoll, the said Captaine Brewster
(vppon allegac̃on that by order from the said Lo: Lawarr they were
to be sett to worke and gouerned by him, would have withdrawne
from the worke, whervnto they were sett by the said Captaine
Argoll, and have placed elsewhere to gett Clothes for themselvs, and
so to follow their worke for behoofe of the executors of the said Lord
Lawarr and his fellow Adventurers wth some Collericke and threat-
ninge speeches vsed against the said Thomas Parsmore for refusinge
to go wth him, butt not against the said Captaine Argoll for ought
that appeareth in the said examinac̃on; And lastly itt appeareth by
the Certificate of the said p̳ceedings that some of the said Court
houlding those Martiall Lawℯ to be verie strict and seueere made a
moc̃on to sue and entreat the said Capt Argoll to save the said Cap-
taine Brewsters life, where vnto all were verie willinge and the
Mynisters then present ioyned wth them therein, And that after
much entreatie & many allegac̃ons by the said Captaine Argoll, in
the end they p̢vayled wth him so much that they p̳cured his life

vppon some condic̃ons as appear in the said Captaine Brewsters Oath
written wth his owne hand and sent thither wth the said Certificate,
In wch Oath among other things expreslie conteyned that the said
Capt Brewster should not directlie or indirectlie in England or else-
where vtter anie Contemptuous wordes or doe any thinge that might
turne to the dishonour or disparragment of the said Lord Lawarr
or ye Plantac̃on or of the present Gouernor which was the said Capt
Argoll.

And that the said Captaine Brewster should returne no more to
Virginia by any direct or indirect meanes: All which Prouisoes
beinge duely weighed and considered the said Courte in fine p̳ceeded
to deliver their resoluc̃on: that the said p̳ceedingℯ against the said
Captaine Edward Brewster were vniust and vnlawfull, and not war-
rantable either in matter or forme by the Lawes of this Realme, or
by any power or authoritie deryved from his Mtie: and that itt did not
any way appeare to the said Courte that the said Capt Brewster either
by the Deeds or words wherwth hee stood charged att the time of the
said Tryall by the said Martiall Courte did any waie deserve the seueere
penaltie of death, and that the manner [118] of the said tryall by
Martiall Law, and in a Martiall Courte, beinge in time of soe generall
peace and no rebellion or mutyney was to be held for vnlawfull and
of no validitie and consequentlie the said Captaine Brewster was to
be held as a legall man and not lawfully condempned the sentence of
the said Martiall Court (from wch the said Captaine Brewster hath
apealled) notwithstandinge; The substance of wch opinion and reso-
luc̃on of the said Court beinge first seuerally delivered by the said
Lords, Knightℯ, and others of the said Councell there present, was
finally approved and ratefied by the said Generall Courte by a generall
erecc̃on of hands no one dissentinge except mr Thomas Wroth.

And att the humble request of the said Captaine Brewster itt was
ordered by the said Courte that this Acte of the said Court should be
exemplyfied vnder their Legall Seale.

And wheras allso the said Captaine Argoll att such time as hee was
Gouernor of Virginia writ a ɫer vnto Sr George Yeardley here in
England, and wthall sent sundry Copies to his great infamy and dis-

grace the said ɫre by approbac̃on of this Courte was sent back to the
Councell of State resydent in Virginia to examine the trueth thereof,
wch Sr George Yeardley answeringe the same beinge long since returned
was now read.

Sr Henry Maynwaringe assigned 5 shares of Land vnto Sr Edward
Sackuill knight wch the Court ratefied and confirmed.

Mr Anthony Orby by his bill assigned 2 shares to Sr Nicholas Tufton
knight wch likewise was allowed by the Courte.

Two petic̃onℯ exhibited demaundinge monny of the Company wch
they pretend due vnto them one Tenn years and the other six was
referred to the Auditors to examine and reporte what they finde, vnto
the Courte. [119]