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A Court held for Virginia and ye Sumer Ilandℯ on Wedensday in ye Afternoone the 7th of May 1623.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

A Court held for Virginia and ye Sumer
Ilandℯ on Wedensday in ye Afternoone
the 7th of May
1623.

Present

         
right honoble͠ Ea: of South̴ton. 
Ea: of Dorsett. 
Lo: Cauendish. 
Lo: Dãuers. 
Lo: Pagett. 
             
Sr Edw: Sackuill.  Sr Edw: Sandis iuñ. 
Sr Hum: May.  Sr Nich: Tufton. 
Sr Sam: Sandis.  Sr Io: Ogle. 
Sr Edw: Sandis.  Sr ffra: Leigh. 
Sr Ro: Killegrue.  Sr Edw: Spencer. 
Sr Io: Dãuers.  Sr Tho: Wroth. 
Sr Edw: Horwood.  Sr Sam: Argoll. 

391

                                                         
Doctor Dun.  mr Moore.  mr Owen Arthur. 
Aldr̃an Iohnson.  mr Sheppard.  mr Ley. 
mr Nich: Hide.  mr Sherroe.  mr Scott. 
mr Gibbs.  mr Bickly.  mr Ed: Bennett. 
mr Deputy.  mr Hobbs.  mr Budge. 
mr Tomlins.  mr Boothby.  mr Mease. 
mr Herbert.  Cap: Gifford.  mr Piers. 
mr Binge.  mr Seaward.  mr Buckeridge. 
mr Palavicine.  mr Couell.  mr Hurd. 
mr Io: fferrar.  mr Moorer.  mr Tobias ffelgate. 
mr Io: Smith.  mr Leauer.  mr Reinard. 
mr Wolstenholme.  mr Woodall.  mr Newport. 
mr White.  mr Mullins.  mr ffothergill. 
mr Berblock.  mr ffreake.  mr Emerson. 
mr Ro: Smith.  mr Barker.  mr ffr: Waterhouse. 
mr Balmford.  mr Tatam.  mr Ley. 
mr Copland.  mr Proctor.  mr Baynham. 
mr Bromfield.  mr Widdowes.  mr Bull. 
mr Withers.  mr Collett.  mr Wiseman. 
mr Witherall.  mr Moorer.  mr Stone. 
mr Bland.  mr Viner.  mr Shiers. 
mr Downes.  mr Robertℯ.  mr Perry. 
mr Caswell.  mr Iadwine.  mr Hackett. 
mr Meuerell.  Cap: Haruy.  mr Webb. 
mr Swinhoe.  mr Ewens.  mr Geo: Smith. 
mr Kirby.  mr Sparrowe.  mr Baron. 
mr Ditchfield.  mr Weake.  with diuers others 
mr Swayne.  to ye nomber of 
mr Palmer.  115.∥psons∥ [282

Vpon a mocon that sr Morrice Barklyes sonne and heire might in his
fathers right of Aduenture be made free and admitted into this
Society. The Court by a generall erecc̃on of handℯ graunted him his
freedome & admittance accordingly.

The Court held the Three and twentith of Aprill being now read, was
by a generall erecc̃on of handℯ (noe one dissenting) approued and
confirmed.


392

The Court likewise of ye ffiue and twentith of Aprill being read was
by a generall erecc̃on of handℯ approued & confirmed.

The Court also of ye Last of Aprill being read, was by a generall
erecc̃on of handℯ approued & confirmed.

Sr Edward Sackuill said, that the Counsell hauing obserued a very
full Court to be now assembled, a great many of whome had beene
Long absent in the Country, & now desired to be informed of ye
passage of busines, did thinke fitt to §giue§ them an Account of the
Companies proceedings since their departure, & had in perticuler
desired him to acquaynt them, that the Contract concerninge Tobacco
was by order of ye LLs of ye Priuy Counsell dissolued; whose pleasure
Likewise it was, that publiq̢ notice should be giuen thereof.

The Lo: Cauendish acquaynted the Court, that after the dissoluc̃on
of ye Contract, when the Companies supposed all things quiett, there
was by Alderman Iohnson & those others, that had opposed the Con-
tract deliuered vnto his Matie a very bitter & grievous petic̃on against
ye Gouernemt & carriage of ye Company these ffoure Last yeares.
And at ye same tyme Capt Butler likewise presented to his Matie a
Declaracon of the State of Virginia, wch he tearmed the Vnmaskinge
of ye Colony: wch Two things his Lop said, had beene ye cause of
much trouble & Labour in ye Company. And therevpon his Lop
briefly acquaynted the Court, what had passed herevpon both wth his
Matie & ye LLs of ye Priuy Counsell, as also in ye Courtℯ and Comit-
tees. Wherevpon ye Court generally desired that all ye writings and
answeres might be read, to the intent that things might be fully &
perfectly vnderstood & receaue either addic̃on or amendmt as cause
should be. Wherevpon was read

    1.

  • The petic̃on deliuered to his Matie by Aldr̃an Iohnson and his
    Associatℯ.
  • 2.

  • Then ye Informac̃on deliuered to his Matie by Capt Butler termed
    by him ye Vnmaskinge of ye Colonie in Virginia.
  • 3.

  • Then the Companies petic̃on to his Matie touching ye issue of Aldr̃an
    Iohnsons petic̃on for a Comission of enquiry & examinac̃on.

  • 393

    4.

  • Then the Companies Declarac̃on of ye present State of Virginia
    deliuered to his Matie. [283]
  • 5.

  • Then the Relation of ye Companies proceedings in their Courtℯ
    deliuered likewise to his Matie.
  • 6.

  • Then ye Companies Answere to Aldr̃an Iohnsons petic̃on, being as
    followeth viztt

An answere to a Petition deliuered to his Matie by Alderman Iohnson in
the names of sundry Aduenturers and Planters of Virginia and Sum̃er
Ilands Plantac̃ons.[140]

The ground worke of ye petic̃on is founded vpon a Threefould information.
The ffirst that in the former Gouermt of the Companies (vizt) vnder Sr Thomas
Smith as Gouernor, and mr Canning and himselfe as Deputies for soe hee
intendeth the Gouermt was discreet & milde, wherby all sortes of men were
envyted to engage themselvs in that great and difficult Action wch therby
p̳ceeded in a most hopefull and comfortable course wth vnitie and love Con-
trarywise they know not how itt is of late years com to pass yt vnitie and peace
here att home is turned to Civill discord and Disc̃ention and divers of the
Antient Adventurers and Planters conceive themselvs many waies iniured
abused and oppressed.

Whervnto is answered that this Informac̃on is §in both p̱ts§ most vntrue, for
although his Matie by his gracious letters Pattents hath given authorytie to the
said Compa: to make Lawes and orders aswell for the well gouermt of the
Companies here att home as allso for §of§ the Colonies abrode, wth direccon
therin the §to§ followe the forme of Gouerment Lawes and pollycie of this
Realme of England as neer as may be; Yett all those Twelue years therwas no
care taken for the bringinge of the same to the intended & desyred effect: ffor
first of all his Maties: p̱ticularr Instrucc̃ons for Gouermt: were cleane supprest
and extinguished, and the Originall nowe not extant noe orders were made for
the Gouerment of the Company here vnless now and then one, vppon present
Occasion. And as for ye Gouerment abrode in the Plantac̃ons itt was for the
most p̱t lefte to the Gouernors absolute pleasure and power onely insteed of a
bodie of moderate Lawes agreeable to the Gouerment in this Realme; there
was printed here & wth great honor Dedicated to Sr Thomas Smith & after-
wardℯ sent by him to Virginia wthout the Companies Consent a Booke of most
Tyrannycall Lawes written in blood wch although they might serve for Marshall
Gouermt in time of Warr beinge translated as they were most of them from
the §martiall§ Lawes of ye vnited Provinces; Yett was the same farr from ye


394

Milde Gouerment Comended here by the Petic̃oners and both att home deterred
all men from goinge in p̱son to live there vnder such Truculent Lawes and in
Virginia were the cause of the vniust and vndeserved death of sundry of his
Mats: subiects, And moreouer putt such a weapon into the hand of the then
Gouernor a kinseman of Sr Thomas Smith as wherby hee in a manner spoyled
and destroyed the wholl Plantac̃on as is extant yett to be seen by the ɫres of
Sr Thomas Smith himselfe & ye said Alderman Iohnson.

The effect was yt in that Plantac̃on after the expenc of 80000 pounds of ye
publique Stocke and vpward, The Colony was then wasted to a few hundred
of p̱sonns no provisions beinge made by wives for posteritie and those also wch
remayned had no intent to p̳ceed in the Plantac̃on beinge destitude of ffoode
both spirituall and temporall, cryinge outt vppon the Company for iniustice
and crueltie and sometimes vppon dispayre beinge all shipped [284] to returne
att other times vppon revenge adoptinge to themselvs newe Patrons against
their ill Gouerment. And here att home the Adventurers who att the first as
to a new matter came plentifully §in§ In fine vtterly abandoninge the Courts
and Acc̃on refusinge to make payments of their monneys subscribed and beinge
sued for the same pleaded in Chancery vppon their Oathes that the monneys
wer not converted to the vse intended butt to particuler mens gaines and that
ther were no Accompts kept in order, and to be seen a thinge contrary to ye
express charge in his Mats said Instrucc̃ons, And this is the true estate of the
saide milde and Discreet Gouerment.

On the Contrary side what hath been done in poynt of Gouermt for these 4
last years may be apparent to all men: Books of Orders for the good Gouer-
ment of the Companies heer drawne principally out of the wisdome of his
Matys originall graunts have been compiled and published; The like done in
greatest p̱t for the Gouermt of the Plantacons for the Dividinge of the Lands
and for the setlinge of Adventurers and Planters in their quyett possessions;
Skore of Preachers have been sent wth Competent provisions All wch brought
soe great Content vnto the Plantacons abroad that ye Colony in Virginia hath
by publique Act in their gen9all Assemblie yeilded thanks to the Company here
for yt their Loue, Iustice, and Care,

As for the Discord and dissenc̃on menconed in the said Petic̃on true itt is yt in
the Compass of these 4 last years their have been Two great Rents made by
way of opposite ffacc̃on, the one by Alderman Iohnson being called on for his
Accompts for wch in regard of his place hee was very moderately censured.
And the other by mr Wrote vppõ other pryvate discontent for wch hee hath
been lately suspended from the Courts. Ther hath been allso hertofore a fac-
tion raysed in the Counsell for support of a Gouernor of Virginia who had


395

ransaked the Plantac̃on, Other discord or discention of note ther hath not been
any, and all these raysed by the p̱t now oppugninge the Companies; The great-
est nomber of whome are seldome seen in ye Courtℯ, butt vpon occasion of a
Storme & to nourish Discord and ffaction.

As for the Allegac̃on that divers of the Antient Adventurers and Planters
conceive them selvs to have been iniured abused & oppressed itt cannott be
shewne that the Iustice wch was in the power of the Courtℯ to give, hath been
denyed to any man much less by pryvate dyrecc̃ons and vnderhand ɫres have
the goods of some particuler p̱sonns in ye Plantac̃ons been taken vyolently
from them contrary to course of Lawe & consigned into the possession of
their Potent adversaries, As hath lately happened in the case of Capt Miles
Kendall who was spoyled by Capt Butler of 14 Negroes graunted to him by a
Captaine of Holland havinge Comission from the Prince of Orange vnder a
bare and false pretence yt they belonged to a Ship called the Treasuror sett
out from Virginia by Sr Samuell Argall then Gouernor to prey on the West
Indies as shall be elswere showne.

The second Information by the Petic̃oners is, That vnder ye form9 Gou9mt ther
was a quyett entertaynment of the Savadge Indians by wch sundry of those
Infidles and some of emynent note wer couerted to Christian Religion wheras
of late there hath been a Massacre and Hostillytie between the Natives and
our Colony of Virginia. [285]

Herevnto wee ansvere yt itt is true that Matoar the daughter of Pohatan
being taken Prisoner by Capt Argall and affectinge marriage wth one mr Rolf
became a Christian and soe dyed att Grauesend, Other matter of note for con
version ∥of∥ those Infidells did not happen in those first 12 years duringe wch
time the English were allmost allso in §continuall§ Hostilitie wth ye Infidells,
And in the last of those 12 years the Chichohonini by sudden assault murdered
Tenn of our People wch Capt Argall att his com̃inge away lefte vnreuenged
On the other side what and how chargable preparac̃ons have been made in
these laste 4 years for the educatinge of the Infidells Children in Christian
Religion and Civility The Plantac̃on for the Colledge may sufficiently declare,
ffor Which notwthstandinge the late Massacre wch fell vppon them ther are yett
remayninge 60 Tenants or theraboutes, and the worke by the Assistance of god
shall againe §in due time§ p̳ceed As for the Hostilitie wth the Infidells dur-
inge 3: of these last 4 years ther hath not been any wherof yett wee boast not
consideringe that itt lulled the English asleepe in too great securitie and con-
sequently gaue op̱tunitie to ye late bloody Massacre wch if itt had not happened
these opposers must have been mute haveinge nothinge else wherwth to dis-
grace the Plantac̃on.


396

The Third Informac̃on is yt in the Compass of those first 12 years Staple Com-
odities began to be raysed and imported into this Kingdome, as Iron, Stur-
gion, Caveare, Sope and Pottashes, Masts for Ships, Clapbourd, Pipestaues,
Waynscott, Wyne Pitch and Tarr and that most desyred worke of Silkwormes,
wheras in the latter years the foresaid Comodities doe not appeare.

The answere is that this Informac̃on or obieccon doth strongly reflect vppon
the obiector himselfe for if itt be true wch wee deny not save onely for Iron yt
some samples of these Comodities by the Industry of Sr Tho: Dale were sent
home in ye 9th and tenth year of those 12 first years; how happened itt that in
the last two years vnder[141] ye Gouerment of Capt Argall there appeared none,
The reason is apparant for the magazine beinge then on foote wherof the said
Alderman Iohnson was Director, itt pleased him to sett noe price vppon any
other Comoditie, saue Tobacco and Sassafras, beinge Comodities of his owne
Trade, and for ye greatest p̱t wherof hee became the Companies Chapman,
wherby all the endeavours for those other Comodities were abandoned and the
Colony possessed of yt Dotinge affection to Tobacco, wch ye Compa: in these
latter years notwthstandinge their sundry Charters, Instrucc̃ons and generall
ɫres for restrayninge therof could never since extinguish; On the Contrary p̱t
in these last 4 years what hath been p̱formed from time to time by the excess-
ive charge and care of the Company, In settinge vpp of In Iron works;
Vine yeards Silke and other Comodities shalbe elswhere att large declared,
and would by this time have manyfestly appeared, to the world had not the
late Generall Massacre given them a sore interrupc̃on wch notwthstandinge by
the Divine Assistance shalbe shortly renued.

Now forasmuch as Alderman Iohnson pretendeth ye said Informac̃on & ye Peti-
tion ensuinge itt to ayme att noe other end butt yt after the worke of some
necessary reformac̃on the worke allso of the Plantac̃on may be renued p̳ceed
and prosp̱; Wee are forced herin to detect his vncleer p̳ceedings for itt wilbe
iustified against him by vndenyable proofe, that hee ∥hath∥ laboured of late
by strange and most vntrue allegac̃ons to discourrage some p̱sonns of very good
quallytie from fauoringe of this worke or p̳ceedinge in itt, hee hath found
fault wth such as hath com̃ended the Country soe much extolled by himselfe
formerly in sundry his printed treatises p̳fessinge that ye world had been
deluded by Virginia; Hee hath said that ther are two many of our nation there
alredy, that the Staple Comodities spoken of will com to nothinge; That the
Iron was a base Comodity and would not pay ∥for∥ ye fraight That the grapes
were sower and the Clymate not prop̱ for wine; That ye Mulberie-Trees
in Virginia have a prickle in their leaves wch destroyed the Silkworms when


397

itt grew to biggnes; And as for convertinge of the Infidells itt was an attempt
impossible they being descended of ye cursed race of Cham; Now whether a
p̱son of this disposic̃on be a fitt Instrument for ye workinge out of ye good of
ye Plantac̃ons, wee leaue itt to all cleer & vnpartiall mindes to iudge.

Touchinge ye Petition itt selfe for examinac̃on & reformac̃on of all abuses ye
Companies doe therin willingly concurr wth ye Petioc̃oners saue yt they cannot
but dislike ye petitioners too great p̱tiallytie who desire onely yt ye Acompts
since Sr Tho: Smiths time may be examyned wch have been allwaies kept fairly
accordinge to ye orders of Courtℯ (exceptinge by one onely of ye Petic̃oners
society) And for ye Accompts of ye former years pass them ouer in sylence wch
are 3 times as greate and thrise 3 times more questionable: Butt ye Iustice of
ye Honoble: Bourd hath reformed their partiallytie. [286]

7. Then ye answere of diuers Planters Mrs of Ships & Marriners to
Capt Butlers Informac̃on to ye King.

8. Then the attestac̃on of Seuerne and Lowe how they were drawne
by Capt Butler to subscribe to his Informac̃on.

9. Then the Companies answere to Capt Butlers dismasking of Vir-
ginia being as followeth viztt:

A true answere to a writinge of Informac̃on presented to his Matie by
Cap: Nath: Butler intituled

The vnmasked face of our Colonie in Virginia as it was in ye winter of
ye yeare 1622.[142]

This Informac̃on conteyning matter of most important quallity, touching that
Plantac̃on, and such as if the same should be found to be true not onely all
former expence were ytterly lost, butt itt were in vayne or (to speake more
p̳perly) a shame and sinn to p̳ceed in sendinge any further Supplies of people
to parts soe generally contagious as to be compared to the most vnsound and
most vnhealthy parts of this Realme and wher the mayne River is so shallowe,
that the people beinge enforced to a continuall wadinge and wettinge of them-
selvs about the Landinge of their goods, gett such vyolent surfeits cold vppon
Cold as selldome leave them till they leave to live. Wch are the very words
of yt informac̃on And this Informac̃on haveinge been spread by the said Capt
Butler and his frends not onely ouer all p̱ts of ye Citty butt allso into diuers p̱ts
of ye Country adioyninge to ye vtter disgrace of ye Plantac̃on and discour-
ragment of all new Adventurers and Planters wherof many of good quallytie


398

were now in p̢paringe. The Company have thought itt their duty in the first
place and wth their greatest care to consider[143] exactly of the quallytie of the[144]
∥said∥ Information in poynt of trueth or otherwise.

To wch end haveinge assembled divers p̱sonns of good Creditt lately com from
Virginia wherof one a Mynister who hath lived there Tenn years others of
good quallytie yt have lived there some of them 14 years and other some 6
years and others more or lesse, and the rest beinge Maisters of Ships and
Marriners wth others wherof sundry of them hath been there often times and
are throughly acquainted wth the River and all parts of ye Colony and the said
Compa earnestly desyringe them to sett downe the trueth of their knowledge
in writinge, and in such sorte as they will allwaies be redy to iustifie the same
vppon their Oathes the said p̱sons beinge to[145] ∥the∥ Nomber ∥of∥ 16, have done
accordingly and sett downe their answers to the Seaven firste Articles of the
said information as appeareth by the writinge here vnto annexed subscribed
wth their hands by wch writinge and answers itt doth plainely appeare that the
said Informac̃on is in all the materiall parts therof most vntrue and may seeme
to have been purposely framed by the said Capt: Butler to raise distemper and
trouble in the Companies for ye Plantacons yt therby bringinge althings here
to confusion himselfe might as in the darke escape those deserved censures and
punishmts: wch for his evill Gouerment in the So: Ilands & many intollerable
oppressions, and principally for his wthdrawinge of himselfe by his suddaine
and disorderly flight from the examynac̃on of that important buisines of the
Spanish wrack, by a Comission sent thither for that purpose hee hadd cause to
feare, wch Comission beinge sent thither not onely vppon promise to the Span-
ish Ambassador and for his iust sattisfacc̃on butt allso by especiall order of the
LL͠s: of his Mats: most honob̴e: Pryvy Counsell by the Acte and practise of the
said Capt Butler and other his frends here who gaue him warninge therof,
remaines in greatest p̱t defeated and deluded. [287]

And touchinge ye last 3 Articles of §ye said§ Capt Butlers informac̃on wher
vnto the said 16 p̱sonns say they cann make no Answere the same beinge either
aboue or wthout the Compass of their knowledge, the Company for the present
Returne this Answere in breife.

To ye first of them beinge the 8th Article and conteyninge onely a discripc̃on
of Devastac̃on of Two Plantacons called Henrico & Charles Citty by the late
Massacre by the Infidles, wch might easily indeed haue been preserved if the
said Massacre had been foreseen or feared; The Company can say no more butt


399

yt itt was the vnavoydable Calamytie of such a Treacherous Warr but ye Planta-
c̃ons as they hope are againe restored accordinge to express order given from
hence to the Colony.

To ye 9th Article conteyninge a Complainte of the new Gouermt now in Vir-
ginia they haue noe cause to give any Creditt to the said Information; The
same in appearance beinge grounded vppon the said Captaines Discontent, and
for yt hee was not accepted there to sitt in Counsell wth them where to hee
could plead neither right nor deserte.

To ye last Article beinge a conclusion of all his former misinformationns wth
addic̃on allso of some new vntruths they say that ther were never sent aboue 6000:
to Virginia wch is short 4000 of his informac̃on And yt in the first 12
yearℯ by the best Computac̃on that can now be made ther haveinge been no
Accompt then kept ∥either∥ of their names or nombers ther were not sent
aboue 2500: att the vtmoste wherof there dyed 500 att Sea.

They say allso that notwithstandinge the late Massacres and the great mor-
tality wch hath since ensued occasioned by the effects of the said Massacre
there are yett remayninge alive of ∥in∥ that Colony ∥of[146] ∥ Virginia to the nom-
ber of about 2500 p̱sonns wherof good proofe is to be made and yt ye forsaken
Plantac̃ons are againe in restoringe and the Staple Comodities setting vpp
againe accordinge to the orders from hence, Butt touchinge his last clause of
the Confusions and pryvate ends of some of the Company here, and the bad
executions in secondinge them by their Agents there they desire that hee may
be Comaunded to discouer the same in p̱ticuler befor ye Comissioners appoynted:
And in the meane time they p̳test against itt as Calumnious and slanderous
and of the selfe same truth wth the rest of his Informations.

After wch mr Berblock desired, that a short passage of Sr Tho Dales
ɫre to Sr Tho: Smith might be read wch he had found p̱vsing the
Bookes by order of ye Court; Wherevpon it was read, being as fol-
loweth (viztt)

Lett me tell you all at home this one thinge, and I pray remember it,
(if you giue ouer this Country and loose it, you with your wisedomes
will leape such a gugion as our state hath not done the like, since
they lost ye Kingdome of ffraunce: be not gulled with the clamorous
reports of base people: beleiue Caleb and Iosuah, if the glory of god


400

hath noe power with them and the conuersion of these poore Infi-
dells: yet lett ye rich Mammons desires egge them on to inhabite
these Countries. I protest vnto you by ye faith of an honest man,
the more I range the Country, the more I admire it, [288] I haue
seene the best Countries in Europe, I protest vnto you before the
Liuinge God, put them altogether, this Country wilbe equivalent vnto
them, if it be inhabited with good people.
Dated Iune 1613.

Wch report mr Iohn Smith affirmed to agree wth what he had heard
from his owne mouth deliuered to diuers worthy persons here in
England, protesting from his heart vnfaignedly, that in his iudgmt
out of ffoure of the best Kingdomes in Europe, there could not be
picked out soe much good ground as was in Virginia. Wch speech in
effect mr Copland also affirmed Sr Tho: Dale to haue spoken to him
at Iapan in ye West Indies.

There was also read part of a L̃re of Sr Samuell Argolls vnto ye Com-
pany in Iuly 1617. comendinge very much the healthines of Iames
Towne, & that it was ye fittest and convenientest place for vnladinge,
being in ye middest of ye Plantac̃ons, and there being a Bridge to Land
goodℯ at all tymes.

The Lo: Cauendish further acquaynted the Companies, that the
Counsell for Virginia and Principall Assistantℯ of ye Sum̃er Ilandes
had vpon Large and serious considerac̃on of these p̢sent distracc̃ons
in ye Company drawne by a certen Declaration, conteyning in their
iudgmt One mayne roote of these troubles, wch they thought fitt to pre-
sent to ye Court, wch was ordered to be read being as followeth, viztt

A Declarac̃on made by the Counsell for Virginia and Principall Assist-
ants for ye Sumer Ilandes of their Iudgments touchinge our ∥one∥
originall great cause of the dissentions in ye Companies and present
opposic̃ons.

His Mats Counsell for Virginia being assembled according to ye[148] Order of the
Courte of the 23th of Aprill and takinge into considerac̃on the present Differ-
ences and distracc̃ons in the Company and accordinge to their duty entringe


401

into a serious consultac̃on howe to extinguish or Compose the same, that the
worke of the Plantac̃on may as hertofore proceed and prosper. They have
found in their vnderstandinge that one cheife roote of all these Diuisionns and
of Sundry other Machinac̃ons to the great Detriment of the Plantac̃ons and
bendinge wthall to a course for dissoluc̃on of the Companies, have p̳ceeded
from some Instruec̃ons∥ments∥ about the Right Honorbl͠: the Earle of War-
wick who by misinformac̃ons and false p̢tences as they conceive abusinge the
facilitie and forwardnes of his disposic̃on for the atchiuinge of their owne
[289] exorbitant purposes, haue enforced them after longe patience now to
discouer the same, while remedie is to be had; least in time the disease growe
remediles.

Itt is therfore first of all to be laide a true grounde that these Instrumts about
his Lop: not content with that Lawfull and orderly benyfitt wch the Aduen-
turers for the saide Plantac̃ons might in a due course and fitt time expect, butt
effectinge a suddaine and extraordinarie wealth by spoylynge of the publique
State of ye Colonies and oppressinge allso of the multitude of perticularr
Planters in them, and beinge not able to run on in a swifte and vninterrupted
current, wthout gayninge allso the Gouerment of ye Companies here att home
into their owne or their assured frends hands & possession wherby to be also
enabled to place Gouernors from time to time in the Colonyes abroade, men of
their owne creation and assured to their deuotion, have lefte noe means nor
practise vnattempted duringe the space of divers years past for the bringinge
to effect both of the one and the other.

ffirst therfore in the begining of ye year 1617 §a§ course was taken yt Capt
Argall now Sr Samuell Argall an assured follower and fauorite of his L̃op:
should be sent wth the power both of Gouernor and Admirall into Virginia
Armed allso wth the strength and exercise of Marshall Lawe even in the time
of peace, that no man ther might dare to open his mouth in any complainte
against him, wherof hee sett vpp a memorable warninge by example in the
case of Captaine Bruster; Whome for opposinge against his course of destroy-
ing that great Plantac̃on begunn by the late Lo: D˜: Laware and of drawinge
the whole benifitt therof to his owne pryvate advantage hee procured to be
condempned moste vniustly by a Marshalls Courte to deathe. and deliuered
him not from the same butt vppon taking an vniust oath p̢scribed to him to
this effect.

That hee should not speak ill of Capt Argalls Gouermt: nor ever againe returne
into the Teritories of Virginia and to p̳tect Capt Argall from beinge called to
an after Account for his Gouerment, vnder shew of a new Plantac̃on to be sett
vpp in Virginia by the saide Capt: Argall and his Partners, wherof ye saide


402

Earle [290] hath since appeared to be one (wch yet to this day hath hadd no
begininge) ther was procured a Patent to ye said Captaine and his Associates
for the said New Plantac̃on Wherby hee and his Company their heirs and
Assignes (saue onely in time of necessary defence by Warr) were exempted
from all power authoritie & iurisdic̃on to be from hence derived or there
established, that soe hee might raigne there as a great and absolute Maister
wthout Lawe or controlement, and wthout the fear of euer beinge called to any
future reckoninge.

Thus furnished wth exorbitant power and exempc̃on how hee carryed himselfe
ther in his two yeares Gouerment hath been elswhere att large Declared The
sume is that besides a multitude of particularr wrongs and oppressions; what-
soeuer was remayninge att that time in the Colony belonginge to ye publique
and beinge the ffruite of ffoureskore Thousande pounds charge hee converted
itt in a manner wholly to his owne pryvate vse and possession; the verie pub-
lique Lands Cultivated, the Companies Tenants and Servants, their Corne,
Rents and Tributes of Corne their Kine and other Cattle, their Stores and Pro-
visions Wherby the Company beinge disabled in all appearance ever to sett upp
the same againe or to bear the great burden of publique charge both att home
and abrode (beinge thus stripped of all revennue) the said Compa: must have
fayled and decayed, and the wholl Colony in time have fallen into the hands
of the saide Captaine and his Association to be there established wch seemeth
to have been his prime and originall desire. Neither could this Depradac̃on of
that Colony content but a Ship called the Treasuror sett forth by the said Earle
and sent to Virginia and an olde Comission of hostility from the Duke of Sauoy
against the Spanyards p̳cured by some means and putt into the hands of the
saide Captaine, The said Treasuror beinge manned wth the ablest men of the
Colony & new victualled from thence, was sett outt on Rovinge on ye Spanish
Dominions in the West Indies, wher after sundry Actes of Hostilitie comitted
and some purchase gotten shee Returnes to Virginia att the end of tenn
monneths or theraboutes. Butt findinge Capt Argall the setter of [291] her
out, Dep̱ted from thence, shee wthdrew herselfe instantlie from the new Gou-
ernors power and went to ye Som̃er Ilands then discharginge her booty, In
wch were a certaine nomber of Negroes; All wch even those that belonged as
Shares to ye Marryners (wherof they haue not long since complayned in Court)
were taken and placed on the said Earles Lands, as belonginge to his Lop and
soe continue.

This course of Capt Argalls sendinge home a strange murmur of Complaints
against him in the Summer i6i8: Sr Thomas Smith beinge then Treasurer and
Alderman Iohnson Depty the Compa: were soe enflamed wth these outrages that


403

they could hardly be conteyned from runinge to his Matie: then beinge in prog-
ress to craue his supreame hand for redresse of soe great a mischeife Butt
Sr Thomas Smith att that time whether in favour of the said Capt Argall his
frend and kinesman or outt of his better iudgmt alledginge yt the imploringe
of his Mats: aide might proue a Derogac̃on to the Companies power and liberties
made stay of that course, and dyrected the Company into another & milder
way Wch after the misprosperinge of some some other p̳vision for reforma-
c̃on, by the vnfortunate decease of the Lord Lawarr cheife Gouernor issued
finally into a resolution of sendinge a new Gouernor, to examine those Clamors
and Complaints against Captaine Argall; Whervppon at the Michaellmas ensu-
inge Capt Yeardley afterward Sr George Yeardley was first nominated Gouer-
nor and afterwards solemly chosen att the next Quarter Courte.

Before wch time in the said Summer i6i8 vppon the Clamors aforesaid Sr
Thomas Smith and Alderman Iohnson wth Divers others of the Counsell
addressed their L̃res to ye saide Lord Lawarr lately gone for Virginia requyr-
inge him to send home the saide Captaine Argall in quallety of a Mallefactor
and to sequester all his goods there for restituc̃on to ye Company; ther was
afterwards an order resolved in Court that what goods of Capt Argalls should
be returned for England should be likewise seized on for the Companies vse.
Wch order att the saide Earles request was so farr forth dispensed wth as that
his Lordshipp notwthstandinge might take out his owne p̱t (intendinge so much
as should belonge vnto him by his right of p̱tnership) vppon p̳mise to deliuer
the rest into the Companies hands so farr forth as should be in his Lops: power
to p̱forme itt. The p̱formance of wch p̳mises is yett still expected the said
Captaine haueinge returned all his goods from Virginia vnder other mens
names, and consigned them [292] into other and greater mens hands, wherby
the Company remayneth still defrauded of the due restituc̃on wch they had so
great cause to expect from Captaine Argall.

Butt to come to some other partes of Captaine Argalls Gou9ment this Course
of Depradac̃on and Rovinge not sufficeinge as likely to receave encounter and
Check from hence; New Engines were vsed, some to disharten and some to
disgrace ye Company that soe as itt seemeth they might in time abandon the
Plantacon and leave itt as a prey to the saide Captaine his frends and followers:
ffirst therfore from the Plantacon L̃res were sent by Captaine Argall & directed
to the Company by wch hee soe dispraysed the Country as to appear less fertile
then the most barren arable Land to be found ordinarylie in this Realme. An
assured way of discouragmt to all Adventurers and Planters from further
p̳ceedinge Butt this Engine was broken by a Comission sent into Virginia
from whenc was returned by examinac̃on vppon oath that the soyle was most
fertile & that slander therof moste vntrue.


404

Then next on the other side to Correspond from hence ye Company and their
Acc̃ons, and p̱ticularly the Gouernors, Alderman Iohnson by name were dis-
graced by letters sent into Virginia not vnknowne (as is stronglie to be p̢sumed)
to ye saide Earle In wch was suggested that the Marchants as they termed them
who then swayed the Courts affected nothinge but their owne immoderate
gaine though wth the poore Planters extreame oppression as appeared by their
Magazine: By wch and other insinuac̃ons that the said Earle would goe and
Complaine to the Kinge in their behalfe; They were drawne on by Instru-
ments vsed fittly for that purpose to exclame wth great bitternes against the
Company and in a manner to cast of their Gouerment adoptinge vnto them-
selvs other Patrones against them accordinge to their seuerall Plantac̃ons the
Principall wherof were Partners to the said Capt Argall amongst wch ye said
Earle of Warwick was in degree farr ye cheife.

All this notwthstandinge the Company proceeded on in their course against
Capt Argall and by advise of the Counsell and a choyse Comittee prepared
divers Comissions to be sent wth Sr George Yeardley for the proceedinge
against the Captaine in Virginia. Against wch the said Earle wth other of his
frends and followers haveinge made great opposic̃on butt not p̢vaylinge a
Course was taken in fine to dispatch a Pinnace from Plymoth to fetch away
Captaine Argall wth his goods & booty before the Arryvall of Sr Georg Yeard-
ley & his Comissions. The said Sr George Yeardley by the p̱swasions (as is
vehemently to be p̢sumed of mr Pory whom the said Earle had lately com̃-
ended vnto Sr Thomas Smith then Treasuror for the Secretaries place of Vir-
ginia) spendinge much time vnnescesarily vppon our English Coaste. [293]

Butt the saide Earle still ill[149] sattisfied with the p̳ceedings against Capt: Argall
in the Easter Tearme ensuinge 1619 pursued wth great ernestnes the dis-
placeinge of Sr Tho: Smith and Alderman Iohnson from the Gouerment of ye
Company wch succeeded accordinglie.

But to stop the course of the saide Comissions in Virginia for examinac̃on of
the Acc̃ons and Gouerment of Capt Argall whose p̱sonn was now escaped from
thence new wayes had been & were still devised: ffirst mr Pory sworne Secre-
tarie of Estate there and who wrote the examinac̃ons taken by vertue of the
said Comissions, sent Coppies of those examinac̃ons vnderhand to the said
Earle. Wch beinge Discouered & hee stopped in yt Course; a new way was
taken soe to daunte Sr George Yeardley as might cleane discourrage him from
p̳ceedinge in the said Comissionns. ffor the said Earle haveinge published
great displeasure against ye said Sr Georg Yeardley for interceptinge the Pac-
quett wherin ye Coppies of the aforesaid Examinac̃ons were sent vnto him
and threatninge a Sharpe revenge itt was soone after rumored by some of the


405

Earles followers and spred ou9 Virginia and even to Opochancano himselfe that
the Earle would com shortly ouer in p̱sonn to be their Gouernor, And that
Capt Argall would bee his Pylott, and then hee would call Sr George Yeardley
into like question & examination for his owne Gouerment: Wch Rumor con-
firmed allso by letters from hence is thought to have been a principall cause
of that extreame descouragmt and Deiecc̃on of Sr George Yeardley, wch end-
inge in a long sicknes caused a generall neglect in followinge the publique
businies, wch otherwise might have p̳ceeded to the effect here intended.

Now att the Arrivall here of Captaine Argall in ye form9 parte of the yeare
1619: when Sr Edwin Sandys was Treasuror The Counsell after some time
p̳ceeded to ye examinac̃on of the said Captaine havinge wthdrawne himselfe
from due tryall in the parts wher ye ffacts were Com̃itted and where the true
proofs on both sides were to be readilie had.

Here howe hee was patronized by ye saide Earle and by Sr Nathaniell Rich to
ye hindrance of ye Course of Iustice and of due restituc̃on; how the Treasuror
was wronged in p̱forminge his office and oath and sought to be [294] deterred
even by threats of bloud from acquaintinge ye LLs of his Mats: most honobe
Pryvy Counsell wth the Colonyes complainte of that Rovinge Ship the Treas-
uror, shalbe here passed ouer and referred to any other place. Butt by these
meanes the matter was drawne to soe extreame length and the Counsell and
Company soe extreamly weryed that in fine Capt Argall goinge the Voyadge
to Argier all further p̳secuc̃on hath been since susspended and the Compa:
defrauded of ye great restituc̃on wch after soe great wronge they had great
reason to expect.

ffrom wch time the saide Earle and Sr Nathaniell Rich wth others his Lops: fol-
lowers have generally absented them selves from the Courts of the Company
and other meetings in Counsell, And the said Earle and Sr Nathaniell Rich to-
gether wth Sr Thomas Smith haue allsoe sould awaie their Adventures in the
p̱ticuler Plantac̃on wherof they were. In the meane time the Company hath
continued in a Constant Tenor of great peace and tranquillytie pursuing ye
buisines of the Plantac̃on wth great zeale and industry and that wthout inter-
rupc̃on by any shaddowe of ffacc̃on till this last great rent wherof shalbe
spoken in a more proper place.

ffor now to take a veiwe allso of the like p̳ceedings for the Summ̃er Ilands The
Company therof beinge vnwillinge from the begininge that the saide Earle or
any other great p̱sonn should grow too greate in the saide Ilands;—(haveinge
great cause to feare the same) had obteyned yt in his Mats ɫres Patents, itt
should be lymited that no one Adventurer might be owner ∥of[150] ∥ aboue fifteen


406

shares in the said Ilands amountinge vnto about the Twentieth p̱t of the Land
there. And that no matter of importance touchinge the state of the said Ilands
should be ordered butt in one of their great Quarter Courts to be held in the
ffower Tearmes when in likely hood the most principall and greatest number
of the Adventurers would be present: These clauses of restrainte beinge no
way pleasinge as itt seemeth to his Lop: as beinge opposite to the mayne ends
p̳iected by his ffollowers a course was taken in the time of Sr Thomas Smiths
Gouerment to finde fault wth the L̃res Patents vppon p̢tence of other defectℯ
and an order of Courte gotten for drawinge of a new Patent to be p̳cured from
his Maty: vppon surrender of the former, and the care of drawinge itt was
com̃ended to one mr Phesant a Councellor att Law belonginge to his Lop: and
vppõ whome hee had bestowed either really or titularly one [295] of his Shares
in the Som̃er Ilands. This new Patent beinge drawne and a time appoynted
for readinge itt to the Company, vppon notice of some suspic̃on that ther was
no good meaninge in itt ther happened to be some present who seemed were
not looked for as haveinge of a longe time forborne those Courts. The con-
clusion was that in this new intended Patent, the Instituc̃on of Qu: Courtes
and lymytacon of number of shares were cleane om̃itted wch beinge discouered
the new draught was reiected and the Company well armed against the like
attempt in future times.

There remayned as itt seemeth for supply to their desires that his Lop should
yett be soe strengthned in ye Courtes att home and soe powerfull by his
Agents in those Ilands abrode that all things might be disposed of by their
absolute pleasure. ffor the Courts att home besides other his ffollowers wch
did the like; His Lop: was allsoe induced to putt of divers of his ffifteene
Shares to Sundry new personns amongst wch were Capt Argall and a Brother
of Capt: Butlers. By wch means in that small Courte they have ingreatned
their power.

And as for the Colony itt selfe hee p̳cured his ffollower and ffauourite Capt
Butler to be chosen Gouernor duringe these last three years who strengthning
himselfe by the Associac̃on of a Turbulent and ill affected p̱sonn, one mr
Lewis Hughes a Mynister (who had preached in the Sum̃er Ilands that the Gouer-
ment of ye Church of England by Bishops was Antichristian and that the
Booke of Common prayers was butt an Old wiues tale, fitt to be read by ye
fireside as was iustified to his face): What course they tooke to alienate the
Inhabitants hearts from the Compa: & from the Gouermt therof established
here by his Maty: & what oppressions were exercised ouer p̱ticularr p̱sons
appeareth as in p̱t by other good proofes, soe partly by ye multitude of per-
ticular complaintes against ∥the sd∥ Capt Butler wherof ther shalbe considera-
c̃on taken had elsewhere in his due place one onely example shalbe here
p̳duced.


407

In the latter time that Capt Kendall was Deputy Gouernor there arryved att
the Summer Ilands (vizt. in ye year 1619) A man of warr wth a Comission from
ye Prince of Orange by vertue wherof hee had taken certaine Negros in the
West Indies: And beinge in great extremity for want of water and Victuall
and forbid by Capt Kendall to com into any of the said Harbors, hee gave
him notice [296] that hee had ffourteen Negroes abourd wch if hee should be
forced to cast ouer bord for want of Victuall and wather desired to bestow
them vppon Capt Kendall for any small considerac̃on wch hee should be pleased
to give him: wch was p̱formed accordinglie: Captaine Kendall who had spent
a long time in the Summer Ilands beinge one of ye first Inhabitants and who
for his valour and other good carriadge had been in time of Vacancy twice
chosen Gouernor, Now vppon ye Arrivall of Capt Butler was forcibly by him
depryved of all his said Negros vppon p̢tence that they belonged vnto the
Earle of Warwicks Shipp called the Treasuror wth wch the said Holland man
of Warre had consorted, This outrage of ∥by∥ Captaine Butler Vppon ye
Goods of his p̢discessor so contrary to all Lawe and forme of Iustice and with-
out any order for ought euer appeared, enforced Capt Kendall to returne into
England and to exhibite his Complainte to the Company against Captaine
Butler, wher itt pleased the said Earle to make claime in open Courte, that
the said Negroes were his, as belonginge vnto his Ship the Treasuror afore-
said, And to crosse Capt: Kendall in his iust Demaund certaine Articles of
Complainte were exhibited against him wthout author to advow them, and
wthout wittness to proue them wch beinge referred vnto examynac̃on in the
Sum̃er Ilands where hee that did him wronge was allso to bee his Iudge was
the cause that for a longe while hee gott noe restitution About Mid sommer
1622 the Court takinge considerac̃on of the wrong done to Captaine Kendall;
and the Earle of Warwick referringe his Claime to the Iudgment of the
Courte, itt was ordered that Nyne of the same Negroes should be deliuered to
Capt Kendall, and the rest to be consigned to ye Companies vse wch the new
Gouernor Capt Bernard lately deceased was required by his Instrucc̃ons to
∥see∥ putt in execuc̃on. After whose decease by a L̃re ther p̳duced as from
the said Earle importinge that the said Negroes should not be deliuered vnto
the said Kendall and vppon advantage taken of mistakinge the Hollanders
name, the said restitution is still deferred and the poore gentleman still lan-
guisheth vnder the effects of most vniust oppression; Soe weake are the Com-
panies orders in that Plantac̃on if they come once to be countermaunded by
any mandate from his Lop:

Butt to returne to the conclusion of Capt Butlers Gouerment who p̱ceivinge
by the multitude of Complaintes against him that hee had incurred some Dis-
pleasure wth the Company and as itt seemed vppon iust feare that a Comission
would be awarded to the new Gouernor and others for the examyninge of his


408

p̳ceedings aboute the last ∥late∥ Spanish Wrack there so much complayned of
and for other misdemeanors wherwth hee stood heavilie charged [297] whether
in revenge therof or in pursuite of the aforesaid ends he entred into combi-
nac̃on wth the said mr Lewis Hughes and some other fitt Instruments for such
a purpose to make a collection of certaine Greivances to be exhibited to the
Inhabitants against the Company and withall for a petic̃on to the LL͠s of ye
Company first and afterward to the Kinge for alteringe the Gouerment of the
Company here as beinge Antimonarchicall, and for ye reducinge itt into the
hands of a few principall personns.

This done and beinge laden itt seems wth wealth and mallice contrary to a
solemne order by himselfe enacted, and to ye desire of the Inhabitants by the
help of a small Ship provided to fetch him away from the Summer Ilands (as
the same had been done vppon the like occasion for Capt Argall from Virginia)
hee was conveyed thence a little before the new Gouernors Arrivall and soe
deliuered from the tryall intended by the said Comission, Leavinge those
Ilands wth the Inhabitants in a most myserable plight.

Butt Capt Butler (as itt seemeth) not satiated wth his wrong to that Plantac̃on
and to the Company heer for ye same goeth from thence to Virginia to be
revenged allsoe on ye other Company for that other Plantac̃on consistinge in
great part of the selfe same p̱sonns.

To Virginia hee came in an ill season of the yeare towardes the extremity of
Winter, and in a worse time otherwise after the late Massacre where beinge
refused to sitt in Counsell wth them, wherto hee could shewe no right though
otherwise entertayned wth very great courtesie, hee fedd his eyes wth the mis-
erable spectacle of a Country ouerrun §wth§[151] a late Treacherous warr, wch in a
harte of any sence of mortall Calamytie would have wrought though not a
Christian yett an humaine Compassion.

Butt hee soone after returrninge into England, and findinge the Companies full
of trouble by some ffactious Spirites and that enquyrie was allredie made, and
some reasonable Discouery of his vnthankfull practise and conspiracie in the
said Summer Ilands to deprive them of that Gouerment, by whome and by wch
himselfe was made Gouernor means was found by some of the aforesaid Instru-
ments that hee should be brought vnto ye Kinge and com̃aunded as is said to
make vnto his Maty: a true Relation of the State of Virginia, wch Relation
termed by himselfe an Vnmaskinge of Virginia and consistinge of an extreame
disgraceinge of that Country & Plantac̃on together wth a moste bitter aspersion
vppon [298] the Gouerment therof both there and here, how farr itt is in all


409

materiall poyntes from truth, hath soe fully appeared by vndenyable proofe
as that impudencie itt selfe cannot open mouth to excuse itt.

In fine these disguised Accons beinge vnmasked they now playnly professe, Sr
Nathaniell Rich in the Courte his Brotherinlawe Sr Thomas Wroth att the
Counsell Board Alderman Iohnson in his Petition to his Matie, Capt Butler in
his Dismaskinge and others by other means some of them in one parte and
some of them in another yt they desire an alterac̃on of the Gouerment in both
Companies; wherby as may be very stronglie presumed (comparinge their
former p̳ceedings wth the present) to drawe the Plantac̃ons into their former
Estate of beinge Subiects vnto their Ambition and inexpleable avarice.

In the meane time their practises and labours are infinite in disgraceinge wth
all kindes of Calumnies & slanders the present Gouerment of the Companies
wth their Acc̃ons and p̱sonns The said Earle allso apparantly (to drawe (itt
seemeth) vnto himselfe some showe of a partie) countenancinge and graceinge
all kindes of opposites to the Companies vppon what cause ever soe ever,
and though hertofore sundry of them noe less opposite allsoe to his Lop: And
vnder p̢tence of iustifyinge those their manyfold vntruthes they have sued for
a Comission to examine those Imputac̃ons wherwth they have been pleased
to charge the Gouerment in these fower last years. Wch Comission by his
Mats grace and the Lords noble Iustice ordayned to extend allso to ye Twelue
years of the former Gouermt, and the Companies ernestly pressinge them to
take out their Comission they have still delayed and doe delay the same
knowinge (as itt seemeth) in their owne guilty consiencies that they are neither
in any degree able to charge the latter nor yett to excuse ye former Gouer-
ment.

This Remonstrance of the strange and longe continued p̳ceedings of the Instru-
ments afore saide, ye said Counsell and principall Assistants haue thought fitt
to gather into one bodie, and soe to offer itt to ye veiwe and Iudgment of the
generall Courtℯ beinge a matter of the highest importance yt ever came into
their considerac̃ons, as concerninge not a fewe Branches, butt the very Bodies
lyfe and subsistence of both the Plantac̃ons and Companie. [299]

 
[148]

The rest of this declaration is in the autograph of Thomas Collett (?).

[149]

Written over the word "is" by Collingwood.

[150]

The word "of" written over "in" by Collingwood, the reviewer.

[151]

Written over "&" by the copyist.

Herevpon it was aduised, that seeings it may be iustly feared, the
Opposers haue some other ends in their priuate courses then are yet
discouered, and doe therefore seeme to retard the Comission to ye
wrong of the Company, That therefore the Companies be suitors to
his Matie for ye expediting thereof Wch course being well approued, and
Sr Edwin Sandis Sr Robert Killegrue & Sr Io Dãuers being entreated


410

to drawe ye petic̃on according to ye headℯ propounded and agreed on,
they forthweth drew it and brought it vnto ye Court being this wch
followeth viztt

To the Kinges most Excellent Matie

The most humble petic̃on of ye Companies for Virginia & ye Sum̃er Ilandℯ.

Yor Supprts in all duety present their humble petition at ye foote of[152] yor sacred
Maiesty yt wheras Alderman Iohnson assisted wth sundry others delu9ed vnto
yor Maty: a petic̃on of Complainte against the present Gouerment of ye said
Companies And allsoe one Capt Butler late Gouernor of the Somer Ilands and
newly com from Virginia exhibited to yor Maty: a writinge intituled the Dis-
maskinge of Virginia: And the said Alderman Iohnson wth his Associates
desyred in their said petic̃on to have a Com̃ission from yor Maty: for examynac̃on
of the misgouernmt by ye said Companies and p̱ticularly in matter of Accountℯ
for these last 4 years wch by yor Mats: Iustice and grace and by order from the
LL͠s was extended to the 12 years allso of the fformer Gouerment.

Now forasmuch as the said Alderman Capt Butler and their Associates not
withstandinge our requests vnto them and their p̳mise thervppon doe still
delay and forbear to sue out their said Comission to the extream wrong of
their §yor§ Supplyants whose Acc̃ons & p̱sonns they have most vniustly
and vntruly endeauored to blemish in ye eyes of yor sacred Maty: wch blemishes
cannot otherwise be wyped away butt by a due tryall vppon the said Comission.

Yor Supplts: most humbly beseech yor excellent Maty to be pleased to give forth
yor Royall Commaund yt the said Comission may proceed wthall convenyent
expedition yt therby yor Maty may be informed of the truth of matters now
questioned ye innocent may bee cleered, & ye culpable receaue deserved
punishment.

Meane time they allso humbly beseech yor Maty: yt the great and vnited bodies
of the said Companies may still stand right in yor Princely iudgment and not
be weighed as in equall ballance wth these few oppugners wch never appeared
to exceed 26 in nomber who have been the vsuall disturbers of the Companies
and have contributed little helpe either by purse or Counsell to yt great Plan-
tac̃on and who to the extreame iniury both of ye Companies and Colonies have
p̢sumed to wronge the Sacred ears of yor Maty: wth many most grosse vntruthes
as they doubt not will in due time most manyfestly appeare

Lastly they allso humbly entreat yor Maty yt the Companies Bookes beinge the
Recordes of their Courts and wthout wch they are not able to Gouerne their
buisines haveinge been sequestred from them now 14 daies may att length be restored vnto them.


411

And yt yor Maty takinge into considerac̃on of yor princely wisedome Iustice,
and Grace yt these Companies consistinge of neer 50 Noblemen Peers of ye
Realmes of some hundred of Knights and of many hundreds of gentlemen,
good Marchants and Cittizens who haue alredy expended vppon those Planta-
cons aboue two hundred Thousand pounds of their owne p̳per substance, and
transported thither divers thousands of yor Mats: Subiects wth all their means
& estates & who are seated there in quyett as in their owne p̳per inheritance
by vertue and vnder ye securyty of yor Matys ɫres Patents of originall graunt
to ye Companies, yt yor Maty will still be gratiously pleased to p̢serve to ye
said Companies their Rights, Liberties and pryveledges granted to them by
yor Maty vnder yor great seale of England in affiance wherof they undertooke
this great and chargable worke, wch otherwise would turne to ye vtter discour-
ragmt of both Adventurers & Planters & consequently to ye dissoluc̃on & dis-
trucc̃on of ye Plantac̃ons And yor Mats humble Supplts: ye Companies afore-
said shall p̳ceed wth their best endeavors for ye Advancemt of ye said Plantac̃ons
to ye great honor & glory of Almighty God p̳fitt of yor royall Maty & to ye
glory of Almighty God whom they pray for yor most long continuance in all
princely felicity. [300]

 
[152]

The rest of this petition is in the autograph of Thomas Collett (?).

Wch petic̃on being twice deliberately read and some alterac̃ons made
therein, It was by a generall erecc̃on of handℯ approued and ordered
to be deliuered to his Matie. The Court earnestly desiring it would
please Sr Edward Sackuille in the name of bothe the Companies to
present the same to his Matie wth all expedic̃on. And further it was
desired, he would please to iustify Sr Edwin Sandis to his Matie touch-
ing his Accountℯ, being audited and approued of: his Matie hauing
beene informed, that he had receaued Nyne and twenty Thowsand
poundℯ of the Companies cash, for wch he had guien noe Account
at all.

The Lo: Cauendish acquaynted ye Court, that the Comittee appointed
to consider of some course that might be beneficiall for the Compa. in
the farming of ye Spanish Tobacco not only mett, but had endeau-
oured by a treaty wth ye Lo: Treasuror to haue abated ye Six thousand
poundℯ to ffiue thousand poundℯ; but his Lop. told them, he might
not abate any part of ye Kings profitt. But his Lop promised, he
would take such order, as noe more then that quantity should be
brought in. Wherefore the Lo: Cauendish moued, that since those
who were most likely to be Aduenturers in the busines were now


412

absent, that therefore a Court might be called on purpose for this
busines only, whereby they might come to some resoluc̃on what
answere to giue to ye Lo: Treasurors offer, who required it wthout
delay, & yt ye Earle of Warwick, Sr Nath: Rich. Sr Iohn Wolsten-
holme, & those other Gentlemen that are the Officers of his Mats Cus-
tomes be entreated to be present to giue their best helpe and fur-
therance to ye vndertaking thereof.
The Lord Tresur:
promiseth onely
40000 weight
shall bee brought
in of Spanish To-
backo[154]

Wherevpon it was ordered that a Court should be called on ffriday
next in ye afternoone to treate and debate vpon this busines only and
noe other, and the Officer was required to giue perticuler notice of
this busines.

Mr Deputy propounded ye passing of One share from Sr Iohn Culpeper
to mr ffreake of ye Middle Temple Gentleman.

  • Vpon moc̃on order was giuen for drawing vp these Pattents following;
  • Patent for mr Thomas Moore & his Associatℯ.
  • Patent for mr Edward Hurd & his Associatℯ,
  • Patent for mr Richard Norwood & his Associatℯ, each of them vndertaking to transport 100 persons.

Mr George Scotts Three shares to mr Thomas Culpepper of the Middle
Temple being propounded at ye Last Court, were now passed & mr
Culpepper admitted. [301]

 
[140]

This answer to the petition, barring the caption, is in the autograph of Thomas Collett (?).

[141]

The first evidence of erasure in the MS. is found in this place, with the words "vnder ye Gouer."

[142]

This answer, barring the heading, is in the autograph of Thomas Collett (?). A part of this document is in the British Museum, Sloane, 1039, f. 92. List or Records, No. 491, Vol. I, page 173, ante.

[143]

Written over the word "censure" by Collingwood.

[144]

Written over the word "this" by Collingwood.

[145]

The word "to" written over "in" by Collingwood.

[146]

Written over the word "in."

[154]

This marginal entry is in Nicholas Ferrar's autograph.