University of Virginia Library

An extraordinary Court held for Virginia and the
Sum̃er Ilandes on Satturday in the fforenoone
the 12th of Aprill 1623.

Present

   

Right honoble Lo: Cauendish.

Lo: D' Lawar.

                                                       

Sr Edw: Sackuill.	mr Ley.	mr Edw: Waterhouse.
Sr Edw: Sandis.	mr Ditchfield.	mr Swinhoe.
Sr Io: Ogle.	mr Nicholls.	mr Iadwin.
Sr Edw: Horwood.	mr Wheatly.	mr Widdowes
mr Gibbs.	mr Caswell.	mr Robbins.
mr Io: Smith.	mr Palavicine.	mr Withers.
mr White.	mr Hobbs.	mr Bennett.
mr Nicho fferrar Dpt.	mr Copland.	mr Melling.
mr Io fferrar.	mr Thaire.	mr Strange.
mr Balmford.	mr Baynham.	mr Moorewood.
mr ffreake.	mr Scott.	mr §Iohn§ Collett
mr D' Lawne.	mr Stubbs.	mr Swaine.
mr Morgan.	mr Perry.	mr Webb.
mr Moorer.	mr Berblock.	mr Owen Arthur.
mr Colehurst.	mr Barbor.	mr Geo: Smith.
mr Etheridge.	mr Wolstenholme.	mr Lambe.
mr Bland.	mr Shepherd.	mr Truloue.
mr Bing.	mr Newport.	mr Rider.
	mr Seaward.	mr ffra Waterhouse.
	mr Watson.	mr Tomlins.
	mr Downes.	mr Windham.
		mr Derge.
		mr Southerton.
		mr Woodnott.
		mr Hackett.
		r Cuff.
		r Clarke. wth
		diuers others. [252]

The Lo: Cauendish acquainted the Company, that the cause of call-
ing this Court at soe vnseasonable a time, was to acquaint them, how
that Alderman Iohnson together wth some others his Associatℯ had
presented a petic̃on to his Matie complayning much of the misgov-
ernemt of the Companies and Plantac̃ons these Last ffoure yeares;
wch to the intent it might not make any impression in his Royall
breast to ye preiudice of the Company, his Lop conceaued, that the
Company were to thinke of some present course, to giue his Matie
satisfacc̃on by a true Declarac̃on both of the State of the Colony, & of
the cariage of businesses here at home by the Company. But to the
intent they might proceed herein wth greater certainty, the Court sent
some of the Company to mr Alderman Iohnson, to desire him, either
to bring or send them a copie of that petic̃on, wch he had deliuered;
who returned answere by them, that he had noe coppy of the Petic̃on,
nor did knowe of any that did keepe a coppy thereof, and that the
Petic̃on was not against ye Company; wch was likewise affirmed by
some of them who were present in Court, & had beene at the deliuery
of that petic̃on; desiring the Company not to engage themselues
therein, vntill they sawe the Petic̃on (professing that they intended
the good of the Plantac̃on and the Company as much as any other)

Wherevpon they were desired to declare what it was they had com-
playned of; & who the persons were, it being sayd by the Lo: Cauen-
dish, that if they did not finde themselues agrieued wth the Company,
they ought not to haue complayned to his Matie, vntill they had
acquaynted the Court wth their grievancℯ, & seene what remedy by
them would haue beene applyed.

Wherevpon mr Palavicine (being one of them that was at the deliuery
of the petic̃on) sayd, that the things wch they chiefly complayned of,
were perhaps such as the Company had beene often moued about, &
would giue noe redresse in.

Wherevpon Sr Edward Sackuille sayd, that although Aldr̃an Iohnson
would not send a coppy of ye petic̃on, yet himselfe and some others in
ye Court, could fully & certaynly informe the Company of the sub-
stance thereof. He sayd therefore, that Petic̃on was in effect a com-
parison of the Gouernemt in former tymes wth the latter ffower yeares,
& that in Three pointℯ.

ffirst that in former times, the Gouernemt was soe mild & moderate,
as a multitude of Aduenturers were brought in; but now there was
much oppression and iniury offred both to Aduenturers & Planters.

Secondly that whereas formerly things were carryed quietly both here
and in ye Plantac̃ons; now there was nothing but contenc̃ons & dis-
sentions to ye ruyne allmost and ouerthrowe of the Plantac̃ons.

Thirdly that whereas diuers excellent Comodityes were formerly sett
vp, now there was nothing but Smoke & Tobacco. Wherevpon they
desired his Matie that a Comission might be awarded, that these things
might be amended.

This being deliuered vpon his certen knowledge to be the substance
of ye Petic̃on & confirmed by ye Lo: Cauendish, it was by a generall
erecc̃on of handℯ conceaued, that this Petic̃on and Complaint was
against the Company it selfe; and so that they accordingly ought to
iustify themselues, & to defend their proceedings against these vniust

& vntrue informac̃ons [253] but yet withall for ye very issue of ye
Petic̃on it selfe, the Court liked very well, and by erecc̃on of handℯ
ordered, that a Petic̃on should be prsented to his Matie in ye name of
the Company, to beseech his Matie that the Lordℯ of ye Counsell might
haue ye examinac̃on of these things, and that their Innocency or
guiltines might be cleared or punished. And in ye meane while, for a
true informac̃on of his Matie, the Lo: Cauendish presented to ye Court
Two seuerall writings, the one being a declarac̃on of the State of Vir-
ginia comparatiuely wth what had beene done in former tymes, wch by
order of the Earle of South̴ton was drawne vp by some of the Coun-
sell at Christmas Last: Wch being now read and weighed from point to
point, was wth some small alterac̃ons approued and confirmed by ye
Court, & ordered to be deliuered to his Maty as their Act, being this
wch followeth vizt.

A Declarac̃on of the present State of Virginia
humbly presented to the Kings most excellent
Matie by the Company for Virginia.

May it please your Matie

In the end of December in ye yeare—1618—being the Twelueth yeare[88] after
ye begininge of this Plantac̃on and after the expence of ffourskore thousand
pounds and vpwards of the Publiq̢ Stocke besides other Sums of voluntary
Planters ther were remayninge then in the Colony aboute Six hundred p̱sonns
men, weomen and Children and Cattle aboute Three hundred att the moste.
And the Company was then lefte in debt neer ffive Thousand pound.

Att this time through (Gods blessinge) notwthstandinge the great mortalities
wch in some of these fower latter years, haue generally seized vppon all those
p̱ts of America and besides the last ∥late∥ Massacre of aboute three hundred
and ffiftie personns and a great mortallytie therby occasioned by beinge dryven
from their Habitac̃ons and p̱visionns, there are remayninge as wee compute
aboue ffive and Twenty hundred p̱sonns sent wth the expence onely of Thirty
Thousand pounds of the publique Stock besides the charges of perticuler
Societies and Planters, And ye Cattle what by new Supplies and what by
encrease of the former provision, are multiplyed to aboue one Thousand of
beastℯ Besides Goates and of Swine an infinite nomber. And the old Debt of
ye Compa: hath been discharged.

Att ye begininge of these last 4 years ye onely Comodities of price and vppon
wch onely a Valuac̃on was sett to maynteyne the Trade were Tobacco and Sax-
afras, ffor in ye two last years before ther was no course taken for ye settinge
vpp of any other through ye pouerty of ye Compa:

Duringe these 4 last years there hath been expended in settinge vpp of Iron
Workℯ (ye Oare wherof is ther in great plenty and excellent) aboue ffive
Thousand poundℯ: wch worke beinge brought in a manner to p̱fecc̃on was
greatly interupted by the late Massacre, butt ordered to be restored againe
wth all possible dilligence.

ffor the makinge of Wine itt is to be knowne yt the soyle there doth of itt
selfe produce Vines in greate aboundance and some of a verie good sorte,
besides divers Plants haue been sent thither of the better kindes of Christen-
dome.

Ther have been allso sent thither Eight Vigneroones p̱cured from Langue-
dock, & carefull order hath been taken for the settinge vpp of that Comoditie,
wch wee doubt not in short time will shewe itt selfe in great plenty. And
had not the buisines been interrupted by ye Massacree err this the effectℯ had
been seen, there beinge divers Vyneyeards planted in the Country wherof
some conteyned Tenn thousand Plantes.

ffor Silke the Country is full of Mulberytrees of the best kinde and generall
order taken for the plantinge of them aboundantly in all places inhabited.
True itt is that for the Silkworme seed itt hath till this last year by divers
accydents misscarryed to ye great greife of the Compa: haveinge had large sup-
plies therof from yor Mats: store. Butt in September last wee have sent neer
80 ounces wth soe extraordinary care & p̱vision yt wee doubt not itt will prosp̱
and yeild a plentifull returne ther beinge sent allsoe men skillfull to Instruct
the Planters for allthings belonginge to bringe ye Silke to p̱feccon: And wee
have notice that the seed hath been received saffe and order given for the dis-
p̱singe and nourishinge them through the wholl Plantac̃on. [254]

There have been sentt allsoe att the great charge of the Compa: skillfull men
p̱cured from Germanie for settinge vpp of Sawinge Millℯ and divers Ship-
wrightℯ from hence for makinge Boates and Ships. And other for Saltworkes
and others for other Comodities, ye good effect wherof wee doubt not will
shortlie appeare.

Wee will not heer inlarge in declaringe the greate and assiduall care wch ye
Counsell and Company wth their principall Officers have from time to time
taken aswell in reclayminge the Colony from ouermuch followinge Tobacco
(every man beinge now stinted to a certaine proportion) as allso in settinge

forward those other Staple and Rich Comodities aswell by the Charges and
provisionns aforesaid as likewise by settinge vppõ them a Competent valua-
c̃on, not Doubtinge butt that whosoever wilbe pleased to take the paines to
p̱vse their frequent ɫres, Instrucc̃ons and Charters to that effect together wth
sundry printed Books made purposely and published for their help & direcc̃on
(the full veiwe wherof is p̱hibited to no man) wilbe farr from censuringe them
for any omission. Neither may wee forbear to doe that right to ye Gouernor

Counsell, & other principall Officers now resydinge in Virginia as not to testi-
fie their solicitous care and industry in puttinge in execc̃on our desires and
direccons as appeareth by their Proclamation and other orders to be seene.

Touchinge the Gouermt itt hath in these 4 latter years been soe reformed
accordinge to yor Mats originall direcc̃ons yt ye people who in former times wer
discontent and mutinous by reason of their vnassurance of all things through
want of order & iustice live now amongst in themselvs in great peace and
tranquillytie each knowinge his owne and what hee is mutually to receaue and
p̱forme.

And to ye end yt worthy personns may be allured to those places of Counsell &
Gouermt and all occasion of Rapine and extorc̃on be removed the Counsell &
Compa have now att their very great charge caused to be sett vpp a Compe-
tent annuall p̱vision and revennue for mayntenance of ye Gouernor wth other
Magistrates and Officers & p̱ticularly of ye Mynistry accordinge to ye degree
and quallytie of each pson place

Neither have these our cares & courses been vneffectuall but as they have
setled ye Colony there in a great content and quyett soe have they raysed here
att home soe great a fame of Virginia that not onely men of meaner estates as
att the first by necessity; but many p̱sons of good sorte out of choyce and good
likinge have removed themselvs thither & are dayly in p̱vydinge to remoue.

There haue been in these 4 years graunted 44 Patents for Land to Personns
who have vndertaken each of them to transporte one hundred men att the
least: wheras in ye former Twelue yearℯ ther wer not aboue Six.

There have com in Tenn times more now Adventurers in these 4 last years
then in almoste twise yt time before. So yt wheras in former times ther were
sometimes hardly gott Twenty to keep the Quarter Courte there are now
seldome less then two hundred and sometimes many more.

There haue been imployed in these 4 last years fforty-two saile of Ships most
of them of great burthen; wheras in 4 years before ther were not aboue Twelue.

The[89] second writing that his Lop shewed, was, A Relation of ye pro-
ceedings of ye Virginia and Sum̃er Ilands Companies in answere of
some Imputations laid vpon them, together with the discouery of the
groundes of such Vniust obiections, and a Remedy propounded for
auoiding the like Inconveniencies hereafter. Wch discourse his Lop said
himselfe had drawne vp, for satisfacc̃on of some very Noble personagℯ,
who vpon sinister informac̃ons of the Companies proceedings, seemed
to haue entertayned some hard conceipt of them. But vpon reading

of this discourse, they remayned very well satisfied of the fairenes &
iustnes of the Companies proceedings in those seuerall pointℯ the
like effect he hoped they would worke in his Matie. Wherevpon the
sayd Relation (being this wch followeth) was read, and euery seuerall
part & branch thereof being duly weighed and considered of, was by
it selfe putt to ye question, and by a generall erecc̃on of handℯ euery
branch of it was confirmed & approued as ye Act & answere of the
Company there being not aboue Three handℯ against any one point of
it, & most of them confirmed wthout the dissenting of any one.

And it was further ordered, that these Two writings, together wth the
petic̃on should be deliuered to his Maty; And to that end were humbly
entreated the

         

Lo: Cauendish

Lo: Lawarr

Sr Edw: Sackuill

Sr Io: Brooke &

Collonell Ogle

to take ye first opportunity that might be, it being left vnto them-
selues to make choise of such other of the Company, as they would
should attend them.

May it please your Matie [91]

Itt is manyfest that divers misinformations have been deliuered and those pub-
liquely to the most materiall wherof a true and justificable answere heere
ensueth.

1

Itt is true that some particuler personns to their great paines charge and trouble
wth out hope or expectac̃on of proffitt have imployed their time and endeauours
in considerac̃on of what might tend to the good and benifitt of both Plantac̃ons
and that onely wth purpose to propose and Comunicate to the Courtℯ their
faythfull advise: wch is both the duety and in the power of every p̱ticuler
member of these Societies: And that this diligence should be interpreted a
Captivatinge or misleadinge of the Courts wherin they onely com̃unicate their
opinions wth out any aforehand conclusion wch is neither in their power nor
intentions is a verie vniust censure and a hard requitall to those p̱sons who for
a generall good neglect so much time & so many opportunities for their owne
pryvate. [256] ffor the Supposic̃on yt in respect of the Salary these men
should misguide the Courtℯ to the preiudice of the Plantac̃ons the meer nar-
rative of ye occasionn carryage and necessitie of that buisines wee suppose will
sufficiently cleer them.

The menaginge of the intended Contract was vppon large deliberac̃on by ye
Counsell of Virginia and the Com̃ittees designed for that buisines conceaued to
be so great and troublesome an imployment as would wholly take vpp the
Officers times and itt was by none conceaued reasonable (imposinge soe great
a burthen) to exact mens Labours, wth out a proporc̃onable requitall for their
paines, especially their imploymt in this case beinge for the p̱ticuler raysinge
& advantage of seuerall p̱sonns private estates by the higher sale of this Com-
oditie, and ther was never example of men thus imployed wth out Salary, this
beinge a buisines of meer merchandize and of distinct nature from a Plantation
and the Gouerment therof. Besides itt is a guessinge vncharitable censure to
say that the Salaries were aymed att by those since elected: ffor ye Salaries
and Offices were first agreed vppon before ye personns were chosen.

And for those yt were elected to the two great Sallaries against wch they doe
most obiect itt is certaine that both in publique and pryvate att sundry times
they vsed all possible endeauor and industry to keep themselvs from being
chosen butt the experience the Companies had of their faythfullnes and abilli-
ties made them to be chosen, and so in a manner forced them to this imploy-
ment against their willℯ. And though in some Quarter Courtℯ since their
election they have as much as in them lay surrendred their Offices yett ye
Courtℯ would never admitt therof, and further a Proposic̃on beinge offered
by the first principall Obiector for the managinge of the buisines with less

expence, itt was absolutely after a p̱ticuler and exact examinac̃on refused by
the iudgment of both Courtℯ wch allsoe by question deliuered their opinion that
they would trust no man in a matter of that waight that ∥would∥ offer himselfe
to vndergoe itt wth out Salary or soe little as was there proposed.

And after all these obiections and clamors against them ye Last Quarter Courtℯ
vppon a longe and full debate did fully conclud and confirme ye Offices Officers
and Salaries in ye same manner & forme as in the Qua: Courtes before they had
been agreed on.

Lastly wheras they fortifie their Clamor wth the greatnes of the Salary (vizt)
2500li p̱ Annũ that is vntrue for to all the Officers chosenn by the Companies
ther was onely allotted Seauenteen hundred pounds p̱ Annũ The other 800li
was layd by for such necessary occasions as could not be ayoyded and this
800li was in the iudgment of the §Lord§ Treasurer a proporcon rather too little
then too great: Butt out of all yor Maty by the Contract was to pay a third
parte, and countinge vppon the 1700li for ∥of mere∥ Sallary yor Mats Third is
neer 600li, and the proporc̃on intended to be layd on the Spanish Tobacco would
have saved 600li more: Soe yt the charge remayninge to the Companies would
not §have§ amounted at ye most butt to 600li: and that would easily have bin
defrayed by ye imposic̃on of a penny the pound of Tobacco: And yett this
small charge muste not be vnderstood to be laid by the Companies duringe the
wholl seaven years of the Contract butt onely for one yeare beinge of all other
ye moste difficult; Soe that if they had found itt too heavy they might for ye
next year have altered their course, and eased their charge if they found it
either possible or convenyent.

2

Itt is a strange boldnes for any especially beinge of our Company and know-
inge ye p̳ceedings therof yett to be soe ouerbold as to affirme a thinge so
manyfestly false for itt hath been divers times profest in Courtℯ by sundry
Cittizens that they neuer in any Society whersoeuer they had been, found that
liberty of Speech and vote or the Courtℯ carryed wth that moderac̃on and
Temper as these of Virginia and the Sum̃mer Ilands.

Moreouer the Companies are soe assured of the falsitie of this scandall that
itt was one of the principall causes why mr Wrote who was the first that layde
yt imputation vppon the Courtℯ was censured:

Besides in the Quarter Courte the firste of ffebruary ther beinge present aboue
two hundred personns, somethinge that had been spoken by Sr Henry Mild-

may caused the Courte to beleive that yor Maty: had been abused by this
reporte therfore itt was then putt to the question, wheither the Courtℯ were
ouerawed or had not soe much liberty of speach as they desyred itt was by a
generall erecc̃on of hands (no one dissentinge) denyed.

And after in the Courts of the 5th of March vppon occasion that by some, the
day before att the Counsell Table itt was sayd yt men were ouerawed to giue
their consent for the Contract, itt was againe putt to the question, and by a
generall erecc̃on of hands no one dissentinge denyed as before, and also further
affirmed that this matter was carryed fayrly, and by strength onely of reason
appearinge to the Courtℯ and not otherwise.

The Contract in respect of importac̃on from the Plantac̃ons onely was ever
propounded to the Court as a matter of great grace and favour from yor Maty:
And in the treaty aboute itt wth the Lord Treasurer, who was ye first proposer
of itt when the retribuc̃on of a third was by him vrged as allso the bringinge
in of 80=Thousand waight of Spanish Tobacco in two years: The Comittees
by the Courtℯ appoynted to negotiate this buisiness with the Lord Treasuror
vsed all their endeavour to bringe this Third to a ffourth, and against the
Importac̃on of Spanish Tobacco gaue his Lop: eight reasons in writinge, but
neither of these two desires were entertayned and so the Comittees returned
their Labours vnto the Courtℯ, declaringe vnto them that vppon these Termes
and no otherwise they might have ye Sole importac̃on wch the Courts takinge
into their most serious Deliberac̃on, considering in what case they had been in
former years, sometimes forbidden by reason of other Contractors to bringe
in any Tobacco sometimes com̃aunded to bring in all they conceyved that by
entertayninge this bargaine thus though itt wer not soe good as they desyred,
yett comparatively they should be in a better state then they have been here-
tofore: And soe afterwards vppon this onely reason the Contract hath bine
confirmed by ∥in∥ Six seuerall Quarter Courtes.

Itt is true that this day here ment the Courtℯ sate till about Tenn a Clocke
butt vppon these Occasions. Ther were divers long Courts to be read, princi-
pally concerninge the offences of mr Wrote who that day was to receaue the
iudgment and censure of this Quarter Courte, and the very handlinge of this
buisines continued till after Seaven a Clock.

The same day allsee was held ∥also∥ a Virginia Courte wth power of a Quarter
Courte deryved from the Quarter Courte ittselfe wch was held the Wednesday
before by reason, that ye Lo: Treasuror was not then fully resolved to give his
assent to every p̱ticulerr of the Contract as was before agreed on. [258]

But this Day haveinge comunicated all the Articles of ye Contract wth ye Lords
of the Pryuy Counsell about 5 a Clock att night hee sent itt vnto vs by Sr
Arthur Ingram, signed wth his hand entire as before onely wth this intimation
yt wheras before the Companies were to have had forthwith a Proclamac̃on for
the sole Importac̃on by the Companies and for restrayninge of bringinge in
all other Tobacco then that of the Plantac̃ons, savinge that within: 2: or three
years they were enioyned to bringe in 80=Thousand waight of the best Spanish
Tobacco: The Companies were now desyred to be content to forbeare the pub-
lishinge of this Proclamation though concluded on by the Contract for three
or fower monneths: And this at that time beinge a new Proposition, butt such
a one as hadd the waight to make the bargaine either fall or proceed and that
beinge the last day wherin by the Patent and orders of the Companies they
are enhabled to conclud buisines of that nature vnless they should have deferred
them for more then a Quarter Court of a year longer, the debate of this was
now necessary and beinge long was another occasion of the Courtℯ continuance.

And the Contract wth this new Proposition beinge againe confirmed the Offices,
Salaries and Officers in respect of obiecc̃ons and new Propositions then offered
and seuerally wayed were againe to be debated and putt to ye question and soe
to be either confirmed (as they were) or elℯ altered and that of necessitie att
this time because they expected instantlie the cominge in of great quantitie of
Tobacco from Virginia and the Somer Ilandℯ, and another Courte could not
have the power to doe itt, And these were the onely and true causes of ye con-
tinuance of these Courtℯ this Day so longe.

And yt cause wch is intimated by ye Obiecc̃on is vtterly vntrue, for though
p̱adventure some dep̱ted before the rysinge of ye Courte yett not one yt opposed
the Conclusionns and former Actℯ of Courts went away and att the very last
besides divers Noblemen, and knights when the question was putt ther were
about a hundred personns.

Itt is strange howe any man knowinge our p̳ceedings in this buisiness could
wth any confidence broach such an obiection beinge so manyfestly impossible
and so absolutely falce as shall appeare.

Nothinge tendinge to the Conclusion of the Contract, could be ratified but in
a Quarter Courte: The Companies in their last midsomer Quarter Courtℯ did
first agree to this bargaine, att wch time, all the old Planters, being aboute
thirty in nomber were or might have been in the Courts for none went away
till aboute eight weekℯ after. Neither could it be then discouered they were
att all discontented wth itt none makinge obiecc̃on butt some arguinge ernestly
for itt, And then the bargaine beinge concluded and soe become vnarguable
that the Courts should be afterwards putt of to avoide their Argument cannot
be apprehended to agree with sence.

Howsoeuer itt is vntrue yt the Courts were att all soe long putt of for all-
though by the orders of the Companies in the long vacations there may be a
cessation of meetings except vppon extraordinary and pressinge occasionns,
yett yt year by reason of sendinge out divers Ships and wth them Direcc̃ons
to Virginia and ye Summer Ilandℯ ye Courtℯ mett more frequently then ∥they∥
vsually had done att any such times hertofore, and for any thinge could
appear to the Companies though ther were divers old Virginia Planters heere
and 700 new all wch were to goe thither after this conclusion of the Contract
yett not one man appeared or shewed himselfe to be greived or discontented
therwith. [259]

Noe man that ever sawe this Petition and hath not a mynde willfully to put
iniuries vppon the Company could ever force or scrue this sence out of itt, and
his will easily apear by the originall Petic̃on itt selfe now remayninge in the
handℯ of ye Lord Treasuror.

Butt the occasion of the Peticon of the Planters was this that by reason ∥of∥
some Monopolizinge the wholl Trade of Tobacco those of Virginia as well as
any other were by a Proclamation forbidden to bringe in Tobacco butt vppon
such Condic̃ons as the Patentees would enforce vppon them wch occasioned this
petition onely conteyninge an humble sute to yor Matie: that they might not
be restrayned from ventinge of their Comoditie in these Kingdomes and the
reason why this Petic̃on was not deliuered was, for that before our receivinge
of the Petic̃on that restrainte by the Proclamation was alredy taken of.

Itt ∥is∥ an odd thinge for men to Complaine of that wherin themselvs ar prin-
cipally faulty: But wth soe generall an extent the Obiection is vntrue for these

fower years past the Courts haue been carryed soe peaceably and quyetlie as
can hardly be parralelled in any Assembly consistinge of such an nomber.

But wth all itt is true yt Divers discontented p̱sonns who now have ioyned
together in impugninge the Contract have waited for all occasionns to worke
disturbance and trouble in the Companies, whose faces for divers years
together have not been seen in Courts save onely att such times as when they
com to raise a tempest; Butt the causes of their seuerall discontentℯ and ill
affections shall in their due place hereafter more att large appeare.

In the meane time §in§ this answere wee will onely observe this that when they
have mustered their forces together and sent for their strength out of the
Country ther is att the most butt 26: Opposites to the Courts: Wheras ye Vir-
ginia Company consists of neer one Thousand p̱sonns wherof many times two
hundred assemble att once, and the Summer Ilandℯ Company of aboue one
hundred and Twenty seuerall Adventurers and many times 70— or 80—
assemble att one Courte soe that what soeuer they have alleadged as ffaction
in the Companies must needs reflect on them selvs because in all Societies well
gouerned the Maior p̱t doth invoule the consent of the lesser: wch opposinge
make themselvs therby to be the p̱ty ffactions. [260]

The Gouerment is no other then by yor Maty: in yor Letters Patentℯ is pre-
scribed vnto vs: And itt is a bold censure thus to taxe a Gouerment ordayned
and constituted by such an authority Butt besides, their Allegac̃on is a
slaunder for ye Gouerment is not Democraticall.

ffor first wee have not supreame authoritie ouer the people of the Plantations
butt Gouerne them vnder yor Maty by authority deryved from you and accord-
ingly to yor lawes as neer as may be, and are accomptable to yor Maty therfore
& yt Gouerment cannot be tearmed Democraticall wher the Kinge onely hath
absolute power and where the people swear alleagiance onely to him butt is
truly Monarchycall.

Secondly the Companies are soe farr from havinge absolute power ouer those
people that when any of them haue Comitted offences of what high nature
soeuer as hath appeared lately by two notorious examples: if hee scape pun-
ishmt in ye Plantac̃ons wher they have power by yor Mats ɫres Patents to punish
him hee may here out face the Companies as they doe and they have no means
of redress butt by appeallinge to higher Iustice.

Itt is true that accordinge to yor Mats: Instituc̃on in their Letters Patentℯ the
Gouerment hath some shew of a Democraticall forme wch is in this case the
most iust and most p̳fitable and the moste apt means to worke the ends and
effect desyred by yor Maty: for ene §for§ the benifitt encrease and wealth of
these Plantac̃ons, by wch the proffitt of yor Maty of ye Aduenturer and Planter
will rise together.

Most iust because these plantac̃ons though furthered much by yor Mat'es grace
yett beinge not made att yor Mats charge or expence but cheifly by the pryvate
purses of the Adventurers they would neuer §have§ Adventured in such an
Acc̃on wherin they interress their owne fortunes if in the regulatinge and
gouerninge of their owne buisines their owne votes had been excluded.

And most profitable for ye advanceinge ∥of∥ the Plantac̃on because of the great
supplies wch the necessities of the people there often require and cannott be
sent but by the purses of many, who [261] if a few had the managinge of the
buisines would and that not wth out reason leave them vnsupplyed: And wheras
they cry out against Democracicall and call for Oligarchie they make not ye
Gouermt therby either of better forme or more Monarchicall.

And to discerne what is the iudgment of a Company if ther be not vnanimity
ther is no way but by pluralitie of voyces and if plurallytie of voyces were not
ther would scarse att any time in any poynte be vnanimitie in any Assembly,
that vnanimitie that is proceedinge for the most p̱t from Dispaire of prevaylinge
in their pryvate opinions or from shame to Discouer opposic̃on to publique
good.

Butt this obiecc̃on sufficiently Discouers yt they desire to drawe all things into
their owne power to wch end ther hath of late been a conspiracy plotted in the
Summer Ilands and vndertaken to be p̳secuted here by the Gouernor and Cap-
taine Butler who is newly returned wherin hee findes correspondencie here at
home by some who have openly professed, that they desire the same.

ffor ye Tumultuousness obiected itt is answered vnto before in ye Obiecc̃on of
ffacc̃on and appears to p̳ceed onely from themselves.

Hauinge thus given answers to the seeminge most materiall scandalls and impu-
tacons hopinge those of lesser consequence when the greater are so manifestly
Disproved as before have lefte both their waight and releife, Wee are now to
Discouer the true causes though disguised by the Opposers why these 26 so
much labour to disgrace ye Gou9ment and in effect to bringe to ruine both the
Plantac̃ons by their secrett whisperings and insinuations and by their continuall
vnderhand practises to putt vppon the Companyes those faults wch in the

Courtℯ they dare neuer maineteyne, butt quallyfied wth such Distinctions as
amount to a Denyall of that wch they have been consious to have spoken in
other places to the Companies preiudice.

And this yor Maty may be pleased further to vnderstand that though itt be true
that of late these 26: haue shuffled and made a great noyse in ye Som̃er Ilands
Courtℯ wher they are allmost a fourth parte of the Company, yett in the
Virginia Courtℯ consistinge of a greater nomber they have seldom ventured
to offer any disturbance and opposic̃on to the proceedings ther.

The first Cause of these mens malice proceeds from the ill affection of the Old
Officers of the Companies out of whose hands (ye Plantac̃on haveinge not well
thrived vnder them) the Gouerment was necessaryly taken and the prosperitie
of the same since appearinge and ye benifitt of that removall implyinge a proofe
of their misgoverment hath so much offended them that now they endeavour
the better the ∥to∥ couer yt fault by publique disturbances and pryvate prac-
tise and confederac̃on[111] to hinder the present prosperity and hopefull encrease
of ye Plantac̃onns In p̱ticuler for the Plantac̃on of Virginia how itt declyned
then & hath prospered since; wee remitt in this place, to the Declaration of
the present State of Virginia.

Butt this change of the Officers and great change in the State of the Plantac̃ons
hath stirred vpp so much envy in them, as they have not forborne by frequent
imputac̃ons layd on by themselvs by settinge to their hands in attestac̃on of
most scandalous and false petic̃ons by sometimes p̳curinge Complaints againste
the Courts [262] and by publique encourragmt and protecc̃on of personns
declared enimies to the Companies to bringe the present managinge of the
Plantacons into confusion and disgrace.

The Second cause is that the principall of those §Cittizens§ and some others
that weaue themselvs into this opposic̃on party wch are butt few are for the
most p̱t such as haue heretofore borne office in one or both of ye Companies
either here or in the Plantac̃ons who haueinge not cleered their many Accompts
some of wch are verie susspicious and beinge prest by the Companies to
Accompt doe vse all the Arte that mallice cann invent to doe preiudice §to§ &
cause disturbance in the present Gouerment; by yt means to shroud themselvs
from a due and quyett examynac̃on, and soe in the storme and confusion to
goe away as by this means hetherto they have donne vndiscouered.

Thirdly some other of these Opponents and of other rancke have had their
hand p̱tlie in spoylinge the Plantac̃on of Virginia and settinge out a Ship called
the Treasurer for robbinge into the West Indies and p̱tlie in abettinge and
protectinge those yt have soe done and that wth vyolence to the great offence

scandall & losse of the Company and their ends not fully answeringe their
hopes hath caused them to abandon the Courtℯ for Virginia save onely in
poynte p̳curinge their trouble by that means to keep the Company from leas-
ure to call such offences into question.

And itt is very apparant yt whosoeuer is an enymie or hath done wronge to
ye Company hath recourse to and is p̳tected by some of these Opponents.

And in this manner for these causes wch may be fixed vppon most of the 26:
those fewe yt remayne are either Servants or have necessary dependencie
vppon some of ye rest.

Butt these p̱sonns by this opposic̃on have sufficiently declared their want of
care for the good of the Plantac̃ons in yt haveinge indeauored to ouerthrowe
the Contract wch by the matter of Sole importac̃on must needs have been of
inestimable Comforte to both the Plantac̃ons by ventinge of yt one Comodity
of Tobacco to the value of att least one hundred Thousand pounds a year have
yett to this Day insteed therof offered no new proposic̃on for ye good of the
Plantac̃ons butt rest onely content wth distroyinge of yt wch was before estab-
lished.

Butt if itt would please yor most sacred Maty: seeings that the principall ends
of the Companies in followinge the buisines of these Plantac̃ons are for ye
honour of yor Mats times (3) §in propagating of Christian Religiõ in those
Barbarous p̳ts§[120] for the enlargment of yor kingdomes for the encrease of
yor Reuenue for the inrichinge of yor people and for the future strength of
this State to give contenance and encourragment to our proceedings to beleeue
well of the Companies and not to giue creditt to purposed informac̃ons of the
members or some by their p̳curement against the bodies of ye Companies to
give some testimony of yor gratious opinion and acceptance of our endeavors
by letter or otherwise, wch might be for the honour and strengthninge of the
Companies, And that the rather because this late greate breach hath been
occasioned by their forwardnes soe exceedingly to advance yor Maties proffitt
therby hopinge to have gayned yor Mats gratious good opinion and protecc̃on,
And if yor Matie would be further pleased to thinke itt fitt to declare your
future intenc̃on yt for ye buisines of ye Courtℯ, the Courts shalbe lefte freely
to gouerne themselvs accordinge to their Lawes and letter Patentℯ and wthall
to giue presently some direcc̃on and order to ye LLs of yor Counsell yt if ther
be any such pryvate conspiracie confederac̃on or opposic̃on as ye Companies
can neither remedy nor punish they then to help them in ye remedy & punish-
mt of the same. And lastly for such as haveinge been accused of heynous
crimes com̃ytted in ye Plantac̃ons & haue by vndue means and practize gotten

And for the drawing vp of ye said petic̃on, & for ye perfecting of ye
former writings (according to ye alterac̃ons and amendments made in
Court) vnto ye former Comittee were adioyned these following viztt.

       

Sr Edwin Sandis.	mr Berblock.
Sr Edw: Horwood.	mr Withers.
mr Io: Smith.	mr Copland.
mr White.	Two Deputies.

who were entreated to meete that present afternoone thereabout.

Mr Deputy propounded Sr Walter Rawleighes sonne to be admitted
into this Company, wch in reguard his father was ye first discouerer of
Virginia was generally well liked of.

Mr Deputy Likewise propounded the passing of Three shares from mr
Webb, One share to Iohn Gibbens merchantaylor, One other to Iames
Gibbens, A Third share to Lawrence Williamson.