 | The records of the Virginia Company of London |  |
At a meetinge of his Mats
Counsell for Virginia at Mr Deputy
ffarrars howse in St Siths Lane
on Wedensday the 11th of DecembR 1622
| Right Honoble Ea: of Southampton. |
| Lo: Cauendish. |
| Lo: Padgett. |
| Sr Io: Brooke ∥aɫs Cobham∥. |
| Sr Edwin Sandys. |
| Sr Io: Dãuers. |
| Sr Io: Wolstẽholme. |
| mr Brooke. | mr Ro: Smith. |
| mr Gibbs. | mr Kightley. |
| mr Dor Gulstone. | mr Nicho ffarrar. |
| mr Io: Wroth. | mr Binge. |
| mr Herbert. | mr Wrote. |
| mr Io: Smith. | |
| mr Io: ffarrar. |
The Ea: of Southampton signified that the occasion of callinge this
Counsell together was to acquainte them with a late informac̃on he
had receaued since his beinge in the Countrie touchinge mr Wrote
who as he had heard had com̃itted a great indiscrec̃on at the last
Court held this day sennight by speakinge after violent and turbulent
manner aswell against some pointℯ incident to the Contract, as also
against the proceedingℯ of the Counsell and Com̃ittee together with
the Actℯ of the Quarter Courtℯ wch had confirmed the same, bend-
inge his speach also to the wronge and disgrace of some principall
Members of the Companie who had bin imployed in that buissines,
whereof he said the Lord Cauendish had in generall aduertized him
by his letter without naminge the man that had so donn as might
appeare by the Letter it selfe wch his lp: offered to shewe him, wch
disorder his lp: said was the occasion of his cominge vp to Towne and
of his beinge here at this present and therevpon charged mr Wrote
∥to∥ declare whither this informac̃on were true or noe, who therevpon
said that at his first settinge downe in this Assembly he conceaued
himselfe to be free but being [126] nowe charged as a Delinquent he
was to answeare in his owne defence: And therevpon touchinge the
matters laid to his charge he freely protested against any power or
iurisdicc̃on the Counsell §could§ haue to question him for that he then
spake, consideringe he had (as he said) appealed vnto a Quarter
Court, wherevnto he would only submitt himselfe: But he would con-
ferr with them if they would, And withall he accused mr Deputy of
havinge falsely entred the Court of the 7° of Octobr last either by his
or the Secretaries fault and contrarie to the true meaninge of the Court
then held whereby he said the Company were brought into 3000li
Debt: wch speach beinge deliuered by mr Wrote in a verie violent and
contemptuous manner; in wch selfe same manner also mr Wrote had
carried himselfe toward the Ea: of Southampton at his first cominge
into the Roome before the settinge downe of the Counsell ∥his lp.
repeating the same briefly to the Counsell∥ proceeded to aske mr
Wrote what he meant thereby and whither he tooke himselfe to be so
great a man that they were all as Pigmies in his sight, and added that
he did not knowe him to be any Prince of the Bloude, and therefore
if it pleased him he might carrie himselfe with more calmenes and
respect.
Wherevnto mr Deputy replied to the perticuler Accusac̃on made
against himselfe that it was of a verie high nature and deepely
concerned the Companie, for the Courtℯ beinge the Companies
Recordℯ, the charginge of them with falshood was to call all the pro-
ceedingℯ of the Companies into question: And that for himselfe if it
should be found that he had donn any such thinge, he deserued pun-
ishment, and therevpon briefely declared the manner of the entringe
of Courtℯ, howe that the Secretary hauinge drawne them vp brought
them to him and he accordinge to the Companies order perused them,
and so they were read in the next Court: And accordingly he said
was that Court nowe spoken of by mr Wrote, and no exceptions taken
against it. In the end he humbly desired that this matter might be
strictly examined.
But the Ea: of Southampton said that this was not the buissines they
had nowe in hand nor pertinent therevnto, but should be taken into
considerac̃on in due time and place and therefore required mr Deputy
to declare in ble breife the matters that mr Wrote did so much
inveigh against at the last Court: Wherevpon mr Deputy said that
mr Wrote did then insist vpon these three pointℯ vizt.
- The lesseninge of the fower Shares.
- The Comp̃: bearinge the 10th p̱t: in ye Ioint Stocke for
bringinge home the Spanish Tobacco. - The Salaries.
1.
2.
3.
But his lp: said that because not onely the matter it selfe he spake
of, but his manner of speakinge might much augment his offence he
therefore required mr Deputy to deliuer what his wordℯ were [127]
concerninge these p̱ticulers: Whererevpon mr Deputy beinge much
pressed herevnto said that mr Wrote declared himselfe herein with
a great deale of passion wch he conceaued did much mislead and
distemp̱ him.
But the Ea: of Southampton said he had heard mr Wrote should saye
the buissines was not fairely carried; but matters were hudled vp,
that ∥and∥ some thingℯ were fowly and surreptitiously carried, with
much art and to priuate endℯ and that the Companies durst not speake
because they were ouerawed.
Mr Wrote protested he spake not against the Contract but against the
proceedingℯ of the Com̃ittee and against Sr Edwin Sandys and the
two Deputies acknowledginge that he then said (and was of the same
minde still) that they had vsed much art in the carriage of this
buissines.
Wherevpon mr Brooke the Lawyer said that in all Courtℯ of iustice
it was a thinge certaine that if a man speake to the disgrace of the
Iudge or his iudgement ∥or the Court∥ he was subiect to fine and
com̃ittment at the pleasure of the Iudge, and so in priuate Corporac̃ons
where any shall speake to the disgrace of the p̱son of the Gouernor
or Actℯ of the Court or gouerment thereof, he conceaued the like
censure and punishment might passe vpon him.
But mr Wrote replied he was not nowe Coram Iudice and therefore
they could not censure him of wch opinion mr Binge was also speak-
inge (as he said) out of his experience and knowledge in the Ciuill
Lawe
Mr Deputy beinge againe much pressed by the Lordℯ to deliuer clearely
and fully what mr Wrote had spoken in open Court as being bound so
to doe by the duety of his place (especially when he was therevnto
required by the Counsell) said that he well remembred that mr Wrote
said then the buissines was not carried fairely and did also well remem-
ber that himselfe did saye the buissines was not surreptitiously car-
ried, but whither mr Wrote said the buissines ∥It∥ was surreptitiously
carried or no, he remembred not, but he conceaued he spake not onely
of the proceedingℯ of the Com̃ittee but generally of the whole
buissines.
Mr Deputy was generally blamed of the Counsell as seeminge out of
his private respect to mr Wrote to remisse in his duety to the pub-
lique: The Ea: of Southampton protested that if himselfe had [128]
bin in Court, he would not haue required another to haue declared
mr Wrots proceedings, and so his lp: and the rest of the Counsell
(seeminge to require of some other the p̱formance of that duety wherein
mr Deputy was so backeward) the Lo: Cauendish said that if mr Dep-
must fall vpon him, and mr Brooke was of the same opinion.
Wherevpon mr Wrote replied to the Lord Cauendish, then you had
best be my Accuser, wch vnreverend speach was much distasted by the
Counsell and the Ea: of Southampton told him, that although they
were all Counsellors, yet there was verie great difference between the
p̱sons of diuers of them and in p̱ticuler between mr Wrotes and the
Lord Cauendishes to whome he ought more respectfull behauior and
language.
But mr Io: ffarrar said that mr Wrote questioned the Gouermt, and
the Actℯ and power of the Quarter Court ∥in open termes∥ sayinge
he would do it againe and againe, though he was told often that he
ought not to doe it, and the Court by handℯ had ordered accordingly
as beinge contrary to all lawe and custome and to noe purpose but to
disturbe the proceedingℯ of the Company yet could not p̱swade mr
Wrote to be quiet mr Wrote replied that he said the Quarter Court
had no power by the lawes of the Companie to deriue that authority
they did to an inferior Court except in cases, either of inevitable
necessity or evident vtility but in this case there was no such thinge
to enforce the same: Wherevnto Sr Edwin Sandys made Answeare
that by his owne wordℯ it was apparant he questioned the power of
the Quarter Court and therefore his speach concerned the maine body
of the Contract, but he said he would nowe goe vpon his owne graunt
and that forsomuch as the maine bodie of the Contract was so solemly
ratified in a Quarter Court and that there fell out some smale differ-
encℯ between the Lord Treasuror and the Companie wch could not be
at that time accorded without further conference, there was herevpon
an inevitable necessity of transmittinge the authority of the said
Quarter Court vnto another Court to ioyne with the said Sum̃er
Ilandℯ Companie in their ∥Quarter∥ Court to debate further of the
said differences, and to ioyne in a finall conclusion of the said Bar-
gaine and other thingℯ thereto incident.
Hee said further touchinge his elecc̃on to be the Director that although
he was ∥most∥ vnwillinge as diuers then present could wittnesse to
Court, yet beinge chosen therevnto, and the Lord Treasurors eye
beinge nowe fixed vpon him he could do no lesse then labor a finall
conclusion of all matters incident to the said Contract together with
the Contract it selfe.
But touchinge mr Wrots carriage of himselfe in this buissines he said
he had obserued two mayne materiall exceptions wch in his opinion
were iustly to be taken against him, first for that he inveighed against
that wch beinge ordered by the Quarter Court could not be reformed
for the present, Secondly in that he sought to mainetaine his opin-
ion by misallegac̃ons aswell of the lawes of the Realme, as also of the
lawes of this Companie by the one dishartninge and deterringe of the
Companie from proceedinge in the Contract as it was nowe concluded
and ordered, by the other insinuatinge into the mindℯ of his Hearers
a conceit of ill carriage by the Counsell and Comittees contrary to the
established lawes and orders of the Companie.
Touchinge the lawes of the Realme he said that mr Wrote then
deliuered that by drawinge the generall body of the Companie into
bearinge a part of this Contract and by giuinge the Seale for the
p̱formance thereof they engaged the priuate estate of euery p̱ticuler
Member to be aunswearable to the Kinge what dammage soeuer
should befall in wch Allegac̃on as he clearely failed in his iudgement
in pointe of lawe so he vsed this ill meanes to ∥a∥ worse end, and con-
clusion namly the disturbance of the Contract so solemnly concluded
with the Kinge and nowe not to be revoaked.
And touchinge the lawes of the Companie he manifestly misalledged
them to the great wronge aswell of the Counsell as of the Com̃ittees
who to his vnderstandinge had punctually obserued them in all thingℯ
as namely in makinge Shewe that they were to loose their voices for
a yeare who had moued to drawe the Companie into matter of charge
without shewinge meanes howe to defray the same and applyinge this
lawe to the Propositions for Salaries whereas first it was no matter of
charge to the Companie, beinge not to be raised out of their Stockℯ
but out of the Tobacco to be brought in, and secondly it was not the
proceeded from an Act of the Counsell and Com̃ittees, where by the
waye he praid mr Wrote not to be troubled with the office and Salary
granted vnto him, for as he accepted of both most vnwillingly and in
sole obedience to the Court, So at the next Quarter Court he would
resigne both the one and the other.
In reply herevnto mr Wrote bid Sr Edwin Sandys put his speach into
a Sillogisme, and then he would answeare it for it was Argumentum
a Desperatis. [130]
Touchinge the matter of the lawe of the Realme mr Herbert beinge
nowe present was desired to deliuer his opinion who said that without
all question the priuate estatℯ of men could not by lawe be made
lyable to paye that for wch the whole Companie stood engaged, vnles
there did appeare a practise in some of the Companie to decline the
debtℯ by indirect meanes of wch opinion mr Brooke was also and cited
a case longe since tryed in Westminster Hall vpon occasion of one
that beinge a member of the Corporation of Norwitch that stood
engaged at that time for debt was arrested in Westminster Hall for
the Debt of the said Corporation, wch matter being forthwch brought
to tryall he was acquitted by the iudgment of the Court for that the
lawe in that case lookℯ not vpon any perticuler mans person or estate
but vpon the whole body of the Corporation as it is vnited and not in
his partℯ.
As for the lawe wch mr Wrote had cited with a kinde of skorne and
contempt by terminge it to be one of Sr Edwin Sandys lawes wch saith
that if any perticuler man proposed any matter of charg vnto the
Companie and could not finde meanes to defraye the charge and vphold
his Proiect, he was to be excluded from cominge to Courtℯ: It plainely
appeared by the wordℯ of the Lawe it selfe to haue bin both misalledged
and misapplied.
My Lo: of Southampton demaunded of mr Wrote, why he did raise
and mainetaine so strangely that dangerous Proposic̃on of the Seale,
it beinge a pointe of lawe and he no lawyer.
But mr Wrote said that since the last Court he had taken the opinion
of some learned Lawyeares by whome he was informed that mens
priuate estatℯ were also subiect vnto the Companies engagementℯ by
their Seale.
Herevpon the Ea: of Southampton told him that he nowe sawe his
indiscrec̃on to be as great as he tooke it to be, that beinge of the
Counsell he would not impart his minde concerninge that pointe first
vnto them, but rather diuulge his opinion in open Court to the preiu-
dice of so mayne a buissines as the Contract was and that before he
was sufficiently grounded in that wch he spake as appeared by his
owne report in askinge Counsell after he §had§ so confidently pub-
lished his opinion.
With this mr Wrote Departed sayinge that he came not thither to heare
ill wordℯ. [131]
Wherevpon the Ea: of Southampton appealed vnto the iudgement of
the Counsell then present what iust occasion of offence hath bin giuen
mr Wrote that he should goe awaye in that vnrespectiue manner: And
therevpon his lp: protested that seeinge he had so much wronged him
and the rest of the Counsell and Com̃ittee in their proceedingℯ
and spoken also against the Companie and Courtℯ and most scornefully
against the lawes in terminge them Sr Edwin Sandys lawes and in
conclusion went away in that ill and most vnciuill fashion he expected
to be righted against him for so many wrongℯ and affrontℯ.
Wherevpon mr Gibbs said that mr Wrote was one, whose heart he
knewe as well as another and he protested he had alwayes heard him
speake with as much loue and respect to his honor as any man lyvinge,
so as he was p̱swaded in his soule and conscience he had not so much
as an ill thought against his lp: in all that he had said but reguarded
and honoured him as much as any man whatsoeuer.
Wherevnto the Ea: of Southampton replied that he should be sorry
to haue liued soe that it should be in the power of mr Wrote to wronge
him in his Honor or reputac̃on, but his lp: said that mr Wrote hav-
inge complained that the Counsell and Com̃ittee carried this buissines
priuate endℯ howe that could be and himselfe cleare he could not
vnderstand: for he said that from the begininge to the end of this
buissines, he had not bin ∥not∥ only priuy and consentinge to the pro-
ceedingℯ but the principall Actor also in them all.
As for the word ffowly (said by some of the Counsell to haue bin vsed
by mr Wrote) mr Withers beinge called in by the Counsell testified it
likewise to haue bin so spoken by mr Wrote and that therevpon out of
his loue towardℯ him and to prevent his goeinge forward in such ill
termes, he replied againe sayinge that the buissines had bin fairely
carried and wished that if his Com̃ittiship did trouble him, it were the
price of his reconciliac̃on.
After this the Counsell entringe into consultac̃on what was fitt to be
donn herein for their reputac̃on.
First mr Brooke deliuered his opinion that he conceaued it fitt that a
collecc̃on be made of those matters that are to be obiected against mr
Wrote to be ripened against the next Quarter Court vnto wch he hath
appealed for that (as he pretended and alledged) he was Coram non
Iudice. [132]
It was also thought fitt generally by all the Counsell then present in
reguard he had com̃itted so great a contempt against the Counsell
there, that he be suspended from cominge any more to Counsell vntill
he cleare himselfe of those matters obiected against him and there-
vpon caused the Secretary to sett downe his suspenc̃on in manner
followinge
At a meetinge of his Mats Counsell
for Virginia the 11th of December
1622
The said Counsell haue ordered that notice shalbe giuen to mr Wrote
by the Officer that in reguard he hath carried himselfe this daye
before them with verie vnfitt and vnrespectiue behauior they thinke
fitt he forbeare from com̃inge to Counsell vntill those things he standℯ
charged with all be cleared.
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