EDITED BY SUSAN MYRA KINGSBURY, A.M., Ph.D. CAROLA WOERISHOFFER PROFESSOR OF SOCIAL ECONOMY BRYN MAWR COLLEGE
VOLUME IVUNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON:, 1935, 198960 L. C. card, 6—35006
The records of the Virginia Company during the first three months of the years from January, 1622/23 to January, 1624/25, picture the final attempts to regulate and develop the tobacco trade with Virginia. Then follow papers revealing the bitter attack upon the Earl of Southampton and the adventurers associated with him, by Sir Nathaniel Rich and the defenders of Sir Thomas Smith's regime. Throughout the whole period are portrayed the struggle of the plantation to recover from the Indian massacre of March 22, 1622, and the efforts made by the officials in London and by the Governor, Council, and Assembly in Virginia.
The most important and perhaps unique document of the entire series published in volumes III and IV of the Records of the Virginia Company is the Records of Pro- ceedings upon Information of Quo Warranto in the Court of King's Bench, found by the editor in the Public Record Office, London. It, alone, covers one hundred pages of volume IV. The largest number of documents come from the Manuscript Records of the Virginia Company, Volume III. Like volumes I and II, comprising the minutes of the London company, it is deposited in the Library of Congress, Washington, District of Columbia. In it are spread the official papers of the Governor, Council and Assembly of Virginia. They include letters to and from the officers of the Virginia Company of London, commissions issued, orders declared, petitions granted, warrants for elections, statements of the condition of the colony and other documents revealing the history of the plantation.
A long series of papers shedding much light on the terrific conflict within the Company, resulting in its dissolution by Quo Warranto proceedings, comes from the Manchester Papers, now in the Public Record Office, London, being largely letters and memoranda of Sir Nathaniel Rich.
The Colonial Office Papers in the Public Record Office, the Ferrar Papers, and the Papers of Lord Sackville, now deposited at Knole Park, Kent, each supplied a number of important documents.
In this volume, then, is to be found the record of the dissension within the company that brought about the close of the corporation and the end of the first period of the colony's history. At the same time the beginning of Virginia as a crown colony is set forth. Here also is portrayed the settled life of the plantation. Much is told of the colonists and their efforts to create an organized and systematic government, to produce commodities that would provide the necessities for living, and to develop resources that might result in needful trade with the Indians and with England.
Two documents of importance, inadvertently omitted at first, but now numbered CCCXLV A and CDXXXVII A, will be found, not in their chronological place, but at the end of the volume, as Addenda.
The editor wishes to make acknowledgment to Dr. Hubert Hall for his labors in supervising the transcript of the Quo Warranto Proceedings and in translating the entire document.
As in the previous volume, the editor is deeply indebted to Professor J. Franklin Jameson for his continued care in seeing the document through the press; to Marian Carter Anderson for her assistance in preparing the manuscript for the press and in the difficulties of reading the proof. Helen Kingsbury Zirkle has prepared the index for this volume as she did for Volume III, and to her again the editor wishes to express appreciation of her contribution.
A part of the expense of arranging the manuscript, reading the proof, and making the index was met by a grant from the Social Science Research Council.
Susan M. Kingsbury. December 1, 1934.
Document | List of Records | Page |
CCLXXIV. | 393. The King. Order to Archbishops of Canterbury and York. 1623 (?) or 1617 | 1 |
CCLXXV. | 396. Statement of Advantages to Virginia and Somers Islands Companies of the Tobacco Contract. 1622/3 (?) | 2 |
CCLXXVI. | 395. Alderman Robert Johnson. Declaration of the Prosperous State of the Colony. Early in 1623 (?) | 4 |
CCLXXVII. | 397. John Robinson's Son. Petition to Governor Wyatt. Between January and April, 1622/3 | 5 |
CCLXXVIII. | 398. Governor in Virginia. Instructions to Captain William Tucker. January 3, 1622/3 | 6 |
CCLXXIX. | 399. Charles Harmoun. Petition to Governor Wyatt. January 4, 1622/3 | 8 |
CCLXXX. | 400. Council in Virginia. Letter to Virginia Company of London. January 20, 1622/3 | 9 |
401. Privy Council. Order respecting Captain Bargrave. January 20, 1622/3 | 17 | |
CCLXXXI. | 618. Governor in Virginia. A Commission to Sir George Yeardley. January 25, 1622/3 | 18 |
CCLXXXII. | 404. [Sir Nathaniel Rich.] Rough Notes touching the Affairs of the Virginia and Somers Islands Companies, especially the Salary. February (?), 1622/3 | 19 |
CCLXXXIII. | 405. Paper touching Discussion of Salaries in the Somers Islands Com- pany. February (?), 1622/3 | 20 |
CCLXXXIV. | 409. Governor of Virginia. Order or Warrant. February 14, 1622/3 | 21 |
CCLXXXV. | 415. George Sandys. "Letter to Mr Farrer by the Hopewel." March, 1622/3 | 22 |
CCLXXXVI. | 411. [Sir Nathaniel Rich.] A First Rough Draft of a Proposition con- cerning Tobacco. [March], 1622/3 | 26 |
CCLXXXVII. | 414. [Sir Nathaniel Rich.] Notes on the Tobacco Contract. [March], 1622/3 | 29 |
CCLXXXVIII. | —Propositions for Managing the Tobacco Contract. March (?), 1623 | 30 |
CCLXXXIX. | —Answer to the Foregoing Propositions. March (?), 1623 | 32 |
CCXC. | 433. William Capps. Letter to Doctor Thomas Wynston. March or April (?), 1623 | 37 |
CCXCI. | 413. Rough Notes of an Estimate of the Value to the King for a Year of the Proposed Preemption of Tobacco and Pepper. March, 1622/3 to July, 1624 | 39 |
CCXCII. | 417. Governor in Virginia. Order to Keep the 22d of March Holy. March 4, 1622/3 | 40 |
416. Privy Council. Order concerning Importations from Virginia. March 4, 1622/3 | 40 | |
CCXCIII. | 419. Richard Ffrethorne. Letter to Mr. Bateman. March 5, 1622/3 | 41 |
CCXCIV. | 421. Order of Court for Virginia and the Somers Islands. March 7, 1622/3 | 42 |
CCXCV. | 423. Extraordinary Court of the Somers Islands. March 17, 1622/3 | 43 |
CCXCVI. | 411a. Sir Nathaniel Rich. "A Proposic̃on for the Aduancement of His Maties Proffitt and Good of the Plantac̃ons of Virginia and the Sum̃er Ilandℯ by Setling the Trade of Tobacco—." March 20, 1622/3 | 49 |
CCXCVII. | 424. Reasons offered to the Privy Council against Sir Edwin Sandys's Contract and Joint Stock for the Virginia and Somers Islands Tobacco. March 20, 1622/3 | 53 |
CCXCVIII. | 455. Richard Ffrethorne. Letter to his Father and Mother. March 20, April 2 and 3, 1623 | 58 |
CCXCIX. | 389. Governor and Council of Virginia. Petition to the King for the Grant of the Sole Importation of Tobacco. March 24, 1622/3 | 63 |
CCC. | —. Lord Treasurer. Draft of Warrant for the Collection of Duties. March 25, 1623 | 63 |
CCCI. | 427. George Sandys. Letter to Samuel Wrote. March 28, 1623 | 64 |
CCCII. | 431. Council in Virginia. Letter to Henry Viscount Mandevile. March 30, 1623 | 69 |
CCCIII. | 430. George Sandys. Letter to Sir Miles Sandys. March 30, 1623 | 70 |
CCCIV. | 429. George Sandys. Letter to Sir Samuel Sandys. March 30, 1623 | 73 |
CCCV. | 432. William Capps. Letter to John Ferrar. March 31, 1623 | 76 |
CCCVI. | 451. Account of a Small Supply sent to Virginia in the "Bonny Bess." April, 1623 | 79 |
CCCVII. | 446. "Names of Adventurers that dislike ye p'nt proceedings of buzi- ness in ye Virg. and S. Ilands Companyes." April, 1623 | 80 |
CCCVIII. | 434. Captain John Bargrave. Charges against Sir Thomas Smyth, with Answers in Rough Draft by Sir Nathaniel Rich. April (?), 1623 | 81 |
CCCIX. | 448. Alderman Johnson. His "Rough Draught to a Com̃ission & the Petic̃on to His Maty." April (?), 1623 | 85 |
CCCX. | 449. "Headℯ of Inquiry in Virginia by the Comrs there." April (?), 1623 | 87 |
CCCXI. | 450. Peter Arundel. Extract from a Letter to William Caninge. April (?), 1623 | 89 |
CCCXII. | 436. List of Persons fit to be Governor and Deputy Governor of Vir- ginia and Somers Islands Companies. April or May (?), 1623 | 90 |
CCCXIII. | 442. [Sir Nathaniel Rich.] Beginning of Rough Draft of a Certificate affirming the Truth of Statements of Captain Butler. Between April and June, 1623 | 92 |
CCCXIV. | 441. Statements of Seamen as to Conditions in Virginia. Between April and June, 1623 | 93 |
CCCXV. | 443. Note of the Men sent to Virginia in Sir Thomas Smith's Time. Between April and June, 1623 | 94 |
CCCXVI. | 453. Thomas Passmore. Petition to Governor Wyatt. Between April and September, 1623 | 95 |
CCCXVII. | 454. Petition to Governor Wyatt by "Margaret and John's" Company. Between April and September, 1623 | 96 |
CCCXVIII. | 452. Samuel Moll. Petition to Governor Wyatt. Between April and September, 1623 | 97 |
CCCXIX. | 457. Council in Virginia. Letter to Virginia Company of London. April 4, 1623 | 98 |
CCCXX. | 456. Council in Virginia. Letter to Virginia Company of London. After April 4, 1623 | 102 |
CCCXXI. | 459. Sir Francis Wyatt. Letter to John Ferrar. April 7, 1623 | 104 |
CCCXXII. | 460. George Sandys. Letter to John Ferrar. April 8, 1623 | 106 |
CCCXXIII. | 461. George Sandys. Letter to John Ferrar. April 11, 1623 | 110 |
CCCXXIV. | 435. Captain Nathaniel Butler. Letter to Sir Nathaniel Rich. April (soon after April 12), 1623 | 111 |
CCCXXV. | 444. Answer of Adventurers and Planters of Virginia and Somers Islands to a petition. April (?), after April 12, 1623 | 113 |
CCCXXVI. | 464. Christopher Davison. Letter to John Ferrar. April 14, 1623 | 115 |
CCCXXVII. | 465. Sir Nathaniel Rich. Draft of Instructions to the Commissioners to investigate Virginia Affairs. April 14, 1623 | 116 |
CCCXXVIII. | 466. Captain Miles Kendall. Letter from the Somers Islands to Sir Edwin Sandys. April 15, 1623 | 119 |
467. Privy Council. Order for a Commission of Inquiry. April 17, 1623 | 122 | |
CCCXXIX. | 470. Receipt for Court Books delivered to the Secretary of the Privy Council. April 21, 1623 | 123 |
CCCXXX. | 471. "A Memoriall of Some Thinges wch it May Please the lls to Insert in Their Lops Letters to Virginia and the Summer Islandℯ" April 21, 1623 | 124 |
CCCXXXI. | 472. John Wright. Petition to Governor Wyatt. April 23, 25, 1623 | 126 |
CCCXXXII. | 473. Petition to Governor Wyatt and Council in Virginia by Passengers in the Margaret and John. April 24 and May 3, 1623 | 127 |
CCCXXXIII. | 475. John Loyde. Petition to Governor and Council in Virginia. April 26 and May 3, 1623 | 128 |
476. and 477. Privy Council. Order and Letters. April 28, 1623 | 129 | |
CCCXXXIV. | 481. Governor in Virginia. Proclamation. April 29, 1623 | 129 |
CCCXXXV. | 483. "An Answere to a Declarac̃on of the Present State of Virginia." May, 1623 | 130 |
CCCXXXVI. | 447. "A Note of Some Things fit to be Inquired into by the Comrs." May (?), 1623 | 152 |
CCCXXXVII. | 482. Nicholas Ferrar. Computation concerning Tobacco Charge. May (?), 1623 | 155 |
CCCXXXVIII. | 484. [Nicholas] Ferrar. Names of Members of the House of Commons, Free of the Virginia Company. May (?), 1623 | 157 |
CCCXXXIX. | 437. [Sir Nathaniel Rich.] Notes of Letters from Virginia. May-June, 1623 | 158 |
CCCXL. | 489. Virginia Company. Letter to the Governor and Council in Vir- ginia. May 2, 1623 | 162 |
CCCXLI. | 490. Anthony Hilton. Letter to his Mother. May 4, 1623 | 164 |
CCCXLII. | 498. Governor in Virginia. Proclamation. Probably before May 7, 1623 | 167 |
CCCXLIII. | 488. Adventurers and Planters of the Virginia and Somers Islands Com- panies. Petition to the Privy Council concerning Unjust Accu- sations. May (after May 7), 1623 | 168 |
CCCXLIV. | 495. Adventurers and Planters. Petition to Privy Council. Between May 7 and 13, 1623 | 170 |
CCCXLV. | 496, 497. Sir Edward Conway, Secretary. Précis of Letters to Sir Edward Sackville and Sir George Calvert. May 8, 1623 | 172 |
CCCXLV A. | 499. The King. Commission to Sir William Jones and Others. May 9, 1623 | 575 |
CCCXLVI. | 500. Governor in Virginia. Proclamation. May 9, 1623 | 172 |
CCCXLVII. | 439. Adventurers and Planters. Complaint to His Majesty's Commis- sioners. May or June (after May 9), 1623 | 173 |
CCCXLVIII. | 440. [Alderman Johnson?] Parts of Drafts of a Statement touching the Miserable Condition of Virginia. May or June (after May 9), 1623 | 174 |
CCCXLIX. | 438. [Sir Nathaniel Rich.] Rough Notes in Support of the Preceding Charges of Mismanagement of the Virginia Company. May or June (after May 9), 1623 | 183 |
CCCL. | 501. Governor in Virginia. Commission to Captain Roger Smith. May 11, 1623 | 188 |
CCCLI. | 502. Governor in Virginia. Commission to Gilbert Peppet. May 12, 1623 | 189 |
CCCLII. | 503. Governor in Virginia. Commission to Captain William Tucker. May 12, 1623 | 190 |
CCCLIII. | 504. Governor in Virginia. Warrant. May 13, 1623 | 191 |
505. Privy Council. Order for Confining Cavendish and Others. May 13, 1623 | 192 | |
CCCLIV. | 506. Sir George Calvert, Secretary. Letter to the Earl of Southampton. May 14, 1623 | 192 |
CCCLV. | 507. Secretary Sir George Calvert. A Letter to Secretary Conway. May 14, 1623 | 193 |
CCCLVI. | 508. [Sir Nationiel Rich.] "Note Which I Presently Took of Captain John Bargrave's Discourse to Me Concerning Sir Edwin Sandys." May 16, 1623 | 194 |
CCCLVII. | 485. [Sir Nathaniel Rich.] Heads of Two Letters to be written to the Virginia Company by Mr. Secretary. May (shortly before May 18), 1623 | 195 |
CCCLVIII. | 512. The King. Letter to the Governor and Company of the Somers Islands. May 20, 1623 | 198 |
513. Privy Council. Order for Delivery of Records. May 22, 1623 | 199 | |
CCCLIX. | 486. Virginia Company. Petition to the King. May 24, 1623 | 200 |
CCCLX. | 486a. [Sir Nathaniel Rich.] An Answer to the Company's Petition. May (soon after May 24), 1623 | 201 |
CCCLXI. | 487. [Alderman Johnson.] Draft of his Observations on the Virginia Court's Interpretation of His Majesty's Letter. May (after May 24), 1623 | 202 |
CCCLXII. | 511. Virginia Company. Response to the King's Letter of May 18. May 25, 1623 | 204 |
CCCLXIII. | 514. Governor in Virginia. Commission to Captain Pierce. May 29, 1623 | 209 |
CCCLXIV. | 518. List of 72 Patents granted to several Persons named. June, 1623 | 210 |
CCCLXV. | 516. Sir Nathaniel Rich. Notes for the Commissioners. June (?), 1623 | 211 |
CCCLXVI. | 515. Draft for the Commissioners of a Preliminary report on the Con- dition of the Colony. June or July (?). 1623 | 215 |
CCCLXVII. | 521. Examination of Captain Isaac Madison, Mary Madison, and Sergeant John Harris. June 4, November, 1623 | 218 |
CCCLXVIII. | —Robert Bennett. A Letter to Edward Bennett. June 9, 1623 | 220 |
CCCLXIX. | —Captain John Bargrave. A Letter to the Lord Treasurer Middle- sex. June 9 (?), 1623 | 223 |
CCCLXX. | 394. Thomas Gibbs. Note to Sir Edwin Sandys. June (after June 9), 1623 | 224 |
CCCLXXI. | 391. "A Proportion of the Charge to Furnishe and Transport Six Men to Virginia." June 18 (?), 1623 | 227 |
CCCLXXII. | 523. Notes taken from Letters which came from Virginia in the "Abigail" June 19, 1623 | 228 |
CCCLXXIII. | —Sir Edwin Sandys. A Letter to the Lord Treasurer Middlesex. June 19, 1623 | 239 |
CCCLXXIV. | 524. Sir Nathaniel Rich. Draft of a Proposition for Resettling the Estate of Virginia. June 23, 1623 | 241 |
CCCLXXV. | 527. Secretary Conway. A Letter to Secretary Calvert. June 30, 1623 | 242 |
CCCLXXVI. | 534. Secretary Conway. Letter to Lord Treasurer Middlesex. July 3, 1623 | 244 |
535. Privy Council. Order respecting Relief of Famine. July 4, 1623 | 244 | |
CCCLXXVII. | 536. List of Subscribers and Subscriptions for Relief of the Colony. July [4], 1623 | 245 |
CCCLXXVIII. | 538. List of Subscribers and Subscriptions to be Paid to Richard Caswell for Provisions for Virginia. July 4, 1623 | 247 |
CCCLXXIX. | 540. Lord President Mandeville. Letter to Secretary Conway. July 5, 1623 | 248 |
CCCLXXX. | 544. Governor Wyatt. Commissions to Captain Pierce, to Captain Samuell Mathews, and to Others. July 17, 1623 | 250 |
545. Privy Council. Order for Pay to Attending Officers. July 19, 1623 | 251 | |
547. Privy Council. Order appointing Lords to frame a New Govern- ment. July 22, 1623 | 251 | |
CCCLXXXI. | 548. An Account of Sums subscribed and Supplies sent since April. July 23, 1623 | 252 |
CCCLXXXII. | 550. Lord President Mandeville. A Letter to Secretary Conway. July 28, 1623 | 253 |
CCCLXXXIII. | 551. Attorney-General Coventry and Solicitor-General Heath. Letter to the King. July 31, 1623 | 255 |
CCCLXXXIV. | 552. Note of Victuals and Provisions sent in the "George." July 31, 1623 | 257 |
CCCLXXXV. | 553. Protection to Captain John Bargrave. August, 1623 | 258 |
CCCLXXXVI. | 528. Notes for an Answer to the Propositions made by Lord Chichester. August or September, 1623 | 259 |
CCCLXXXVII. | 554. Virginia Company. A Letter to the Governor and Council in Virginia. August 6, 1623 | 262 |
CCCLXXXVIII. | 556. Governor in Virginia. Proclamation. August 31, 1623 | 271 |
CCCLXXXIX. | 557. Governor in Virginia. Proclamation. August 31, 1623 | 273 |
CCCXC. | 559. William Crakeplace. Petition to the Governor in Virginia. Sep- tember or October, 1623 | 274 |
CCCXCI. | 558. Stephen Gingby and Others. Petition to Governor of Virginia. September or October, 1623 | 275 |
CCCXCII. | 561. Governor in Virginia. Proclamation. September 4, 1623 | 275 |
CCCXCIII. | 560. John Penreis. Petition to Governor and Council in Virginia. September 4, 8, 1623 | 276 |
CCCXCIV. | 562. Invoice of Goods sent to Virginia by John Harrison in the "Mar- maduke." September 16, 1623 | 278 |
CCCXCV. | 563. Governor in Virginia. Proclamation. September 21, 1623 | 283 |
CCCXCVI. | 567. Governor in Virginia. Warrant. October, 1623 | 284 |
CCCXCVII. | 568. Governor in Virginia. Order. October, 1623 | 285 |
CCCXCVIII. | 566. Thomas Pasmore. Petition to Governor of Virginia. October, 1623 | 286 |
CCCXCIX. | 565. Carsten Beckham. Petition to Governor and Council. October, 1623, to February, 1623/4 | 287 |
CD. | 564. Michael Wilcocks. Petition to Governor Wyatt. October, 1623, to February, 1623/4 | 288 |
571. Privy Council. Order announcing a New Form of Government. October 8, 1623 | 289 | |
CDI. | 572. George Jemison. Petition to Governor Wyatt. October 11, 1623 | 289 |
CDII. | 579. Names of those present at an Extraordinary Court of the Virginia Company. October 20, 1623 | 290 |
CDIII. | 580. Governor in Virginia. Warrant. October 20, 1623 | 292 |
578. Privy Council. Order respecting Supplies. October 20, 1623 | 293 | |
CDIV. | 581. Robert Byng. A Letter to Nicholas Ferrar. October 22, 1623 | 293 |
582, 583. Privy Council. An Order to John Harvey and a Letter to the Governor and Council in Virginia. October 24, 1623 | 294 | |
CDV. | 584. Sir Thomas Smythe and Others. Letter to Secretary Conway. November, 1623 | 294 |
CDVI. | 585. Court of King's Bench. Record of Proceedings upon Information of Quo Warranto. November 4, 1623 to May 24, 1624 | 295 |
CDVII. | 586. Commissioners for Virginia. Warrant concerning Sundry Peti- tions. November 7, 1623 | 398 |
CDVIII. | 587. Governor in Virginia. A Commission to the Council of State. November 18, 1623 | 399 |
CDIX. | 589. Governor in Virginia. An Order to Captain Isaac Madison. November 20, 1623 | 400 |
CDX. | 590. Governor in Virginia. A Warrant to Captain William Pierce. November 20, 1623 | 401 |
CDXI. | 591. Governor in Virginia. An Order to Captain William Pierce. November 20, 1623 | 401 |
CDXII. | 592. Governor in Virginia. A Warrant for Robert Benet. November 20, 1623 | 402 |
CDXIII. | 594. Virginia and Somers Islands Companies. Petition to the King. November 21, 1623 | 403 |
CDXIV. | 595. Governor in Virginia. A Warrant granted to Richard Bolton. November 21, 1623 | 404 |
593. Privy Council. Order for Return of the Company's Books. No- vember 21, 1623 | 404 | |
CDXV. | 596. Sir Edwin Sandys. A Letter to John Ferrar. November 22, 1623 | 405 |
CDXVI. | 597. Governor in Virginia. A Warrant to Captain William Tucker. November 27, 1623 | 407 |
CDXVII. | —Captain John Bargrave. A Form of Policy for Virginia. Before December 7, 1623 | 408 |
CDXVIII. | 604. Captain John Bargrave. Copy of a Letter to the Lord Treasurer Middlesex. Early December, 1623 | 435 |
CDXIX. | 598. Council in Virginia. An Order. December 6, 1623 | 441 |
CDXX. | 603. Council in Virginia. An Order. December 8, 1623 | 441 |
602. Privy Council. Order respecting Petition of William Cannyn. December 8, 1623 | 442 | |
599. Privy Council. Order respecting Debts. December 8, 1623 | 442 | |
601. Privy Council. Order respecting Expenses of the Quo Warranto. December 8, 1623 | 443 | |
CDXXI. | 606. Privy Council. A Letter to the Governor and Council in Virginia. December 19, 1623 | 443 |
CDXXII. | 607. Governor in Virginia. A Letter to Captain William Tucker. December 26, 1623 | 444 |
608. Privy Council. A Letter to Nicholas Ferrar. December 30, 1623 | 445 | |
CDXXIII. | 609(a). Council in Virginia. A Commission to Captain William Tucker. December 31, 1623 | 445 |
CDXXIV. | 609(b). Council in Virginia. A Commission to Captain William Tucker. December 31, 1623 | 446 |
CDXXV. | 609(c). Council in Virginia. An Order to Captain William Tucker. Janu- ary 9, 1623/4 | 447 |
CDXXVI. | 617. Governor in Virginia. A Commission to Captain Raph Hamor. January 19, 1623/4 | 447 |
CDXXVII. | 619(a). Governor in Virginia. A Warrant for Holding Elections and Summoning the General Assembly. January 26, 1623/4 | 448 |
CDXXVIII. | 619(b). Governor in Virginia. A Warrant for Holding Elections and Summoning the General Assembly. January 26, 1623/4 | 449 |
CDXXIX. | 620. Council in Virginia. A Letter to the Virginia Company of London. January 30, 1623/4 | 450 |
403, 621. Governor, Council, and Assembly. A Letter to the King. (Feb- ruary), 1623/4 | 455 | |
CDXXX. | 625. William Ganey. Petition to Sir Francis Wyatt. Early in Feb- ruary, 1623/4 | 455 |
CDXXXI. | 624. John Barnett. Petition to Sir Francis Wyatt. Early in February, 1623/4 | 456 |
CDXXXII. | 622. Robert Poole. Petition to Sir Francis Wyatt. February, 1623/4 | 457 |
628. General Assembly of Virginia. Answer to Alderman Johnson's Declaration. February 20, 1923/4 | 458 | |
629. Governor, Council, and Assembly. Letter to the Privy Council. February 28, 1623/4 | 458 | |
CDXXXIII. | 631. John Harvey. Petition to Sir Francis Wyatt and the Council. March, 1623/4 | 459 |
CDXXXIV. | 633. Robert Guyar and John White. Answer to the Complaint and Petition of Captain John Harvey. March, 1623/4 | 460 |
CDXXXV. | 632. John Harvey. Second Complaint and Petition. March, 1623/4 | 461 |
CDXXXVI. | 634. Robert Guyar and John White. Answer to the Second Complaint and Petition of Captain John Harvey. March, 1623/4 | 463 |
CDXXXVII. | 640. Commissioners in Virginia. Declaration to the Assembly. March 2, 1623/4 | 464 |
635, 636, 638, 639, 640. Commissioners to Virginia. Letter to the Assembly in Virginia and the Answer of the Assembly; Letter to the Governor and Council in Virginia, and the Answer of the Assembly. March 2, 1623/4 | 465 | |
637 and 641. Assembly in Virginia. Request for an Exhibit of the Commis- sioners' Authority and the Reply of the Commissioners. March 2, 3, 1623/4 | 465 | |
CDXXXVII A. | 642. Council and Assembly. Laws and Orders. March 5, 1623/24 | 580 |
643. Governor, Council, and Assembly. Order concerning a Levy of Tobacco. March 5, 1623/4 | 466 | |
CDXXXVIII. | 647. Henry Horner. Petition to Sir Francis Wyatt and the Council March 9, 1623/4 | 466 |
CDXXXIX. | 649. Richard Quaile. Petition to the Governor and Council. March 11, 1623/4 | 468 |
CDXL. | 649(a). George Harrison. Petition to Sir Francis Wyatt and Council. March 11, 1623/4 | 469 |
CDXLI. | 652. Governor in Virginia. A Commission to Rawleigh Croshaw. March 16, 1623 | 470 |
CDXLII. | 653. John Harvey. Third Petition to Sir Francis Wyatt and the Council. March 23, 24, 25, 1623/4 | 471 |
CDXLIII. | 654. Robert Guyar and John White. A Petition to Sir Francis Wyatt and the Council. March 23, 24, 25, 1623/4 | 472 |
CDXLIV. | 655. Jane Dickenson. Petition to the Governor and Council. March 30, 1624 | 473 |
CDXLV. | 659. John Hall. Petition to Sir Francis Wyatt. Before April 12, 1624 | 474 |
CDXLVI. | 660. Council in Virginia. A Letter to the Earl of Southampton and the Council and Company of Virginia. April 17, 1624 | 474 |
CDXLVII. | 663. John Harvey. A Letter to Sir Nathaniel Rich. April 24, 1624 | 476 |
CDXLVIII. | 665. James I. A Letter to the Speaker of the House of Commons. April 28, 1624 | 477 |
CDXLIX. | 669. Nicholas Ferrar. A Draft (and Copy) for a Petition from the Commons. May, 1624 | 478 |
CDL. | 671. Richard Barnes. Petition to Sir Francis Wyatt. Before May 5, 1624 | 480 |
CDLI. | 675. Council in Virginia. A Letter to the Earl of Southampton and the Council and Company of Virginia. May 12, 1624 | 480 |
CDLII. | 678. Ralph Hamour. A Petition to Sir Francis Wyatt and the Council. May 30, 1624 | 482 |
CDLIII. | 679. Henry, Earl of Southampton, and Certain Other Lords appointed a Council for Virginia. June (?), 1624 | 483 |
CDLIV. | 683. Secretary Conway. A Letter to Sir Thomas Merry. June 14, 1624 | 483 |
684. Governor, Council, and Assembly. A Petition to the King. June 15 (?), 1624 | 484 | |
CDLV. | —Court of King's Bench. Report of Case, Quo Warranto. June 16 (?), 1624 | 484 |
CDLVI. | 685. Letter and Petition concerning Virginia intended for Delivery to the King. June 22, 1624 | 485 |
CDLVII. | 686. Assembly in Virginia. Law against unlawful implied Contracts of Marriage. June 24, 1624 | 487 |
CDLVIII. | 688. Commissioners and Adventurers of Virginia Company. Petition to Privy Council. June 26, 1624 | 487 |
689, 690. The Commissioners. Orders to Nicholas Ferrar. June 26, 1624 | 488 | |
CDLIX. | 693. Request to Privy Council. July, 1624 (?) | 488 |
698. Governor, Council, and Colony. Petition to the King. July 3, 1624 | 489 | |
CDLX. | 699. David Sandis. Petition to the Governor and Council. July 12, 1624 | 489 |
CDLXI. | 701. James I. Commission to certain Lords of the Privy Council and Others for settling a Government in Virginia. July 15, 1624 | 490 |
CDLXII. | 702. Commissioners for Virginia. Orders Set Down at a Meeting July 16, 1624 | 497 |
CDLXIII. | 707. Warrant to Pay John Pory. July 20, 1624 | 500 |
CDLXIV. | 720. James I. Commission to Sir Francis Wyatt as Governor and to the Council in Virginia. August 26, 1624 | 501 |
CDLXV. | 722. James I. Commission to Sir George Yeardley as Governor in the Absence of Sir Francis Wyatt. September 15, 1624 | 504 |
CDLXVI. | 733. Offer Made by divers Honest Men for the Good of the Plantation. October 28, 1624 | 505 |
CDLXVII. | 735. Meeting of Adventurers of Martin's Hundred concerning Land for the East India School. November 1, 1624 | 506 |
CDLXVIII. | 743. Council in Virginia. Letter to the Earl of Southampton and the Council and Company of Virginia. December 2, 1624 | 507 |
CDLXIX. | 750. Sir Francis Wyatt, Governor, and Council in Virginia. A Letter to the Earl of Southampton and the Company of Virginia. January 10, 1624/5 | 509 |
CDLXX. | 753. Sir George Yeardley. Answer of Defendant to the Demand of Captain John Martin. February 4, 1624/5 | 510 |
CDLXXI. | 755. Council in Virginia. A Letter to the Virginia Company of London. February 4, 1624/5 | 517 |
CDLXXII. | 758. Virginia Company. Discourse of the Old Company. April (?), 1625 | 519 |
CDLXXIII. | 759. Extracts of all the Titles and Estates of Land, sent Home by Sir Francis Wyatt. May, 1625 | 551 |
CDLXXIV. | 761. Council in Virginia. A Letter to the Privy Council. June 15, 1625 | 559 |
CDLXXV. | 762. Council in Virginia. A Letter to the Commissioners for the Affairs of Virginia. June 15, 1625 | 562 |
CDLXXVI. | 763. Governor and Council in Virginia. A Letter to the Royal Com- missioners for Virginia. January 4, 1625/6 | 567 |
CDLXXVII. | 764. Governor and Council in Virginia. A Letter to the Privy Council. April 6, 1626 | 571 |
XIV. | "Note of the Men sent in Sr T. Smiths tyme" | 94 |
Found among the Manchester Papers. | ||
XV. | Autographs of Sir Francis Wyatt, Governor, Christopher Davison, Edward Sharples, William Claibourne, Secretaries, and George Sandys, Treasurer | 250 |
XVI. | Handwriting of Sir Nathaniel Rich. "Heads of a Speech" | 477 |
From the Manchester Papers. |
~ or – over a word indicates a contraction or an omission of letters.
* * * * * indicate an unintelligible word or part of a word in the manuscript.
[ ] inclose words or letters which are doubtful in the manuscript; also, in a few instances, inclose words or letters duplicated in the manuscript.
[ ] inclosing words in italics indicate explanations by the editor; also, in a few instances, italics indicate letters supplied by the editor to complete a word.
A line drawn through a word or a part of a word indicates a word or letters canceled in the manuscript.
∥ ∥ inclose words interlined in the manuscript by the reviewer.
§ §inclose words interlined in the manuscript by the copyist.
——indicates words underlined in the manuscript.
Most reuerend Fath9 in God, right trusty & welbeloued Counsello9, wee greete you well. You haue§ heard§ ere this time of the attempt of diuerse worthie men or subiectℯ to plant in Virginia (under ye warrant of or ɫres patentℯ) people of this kingdome, aswell for ye enlarging of or Dominions as for propagation of the Gospell amongst Infidells: wherein there is good progresse made, and hope of further increase. So as the Vndertakers of yt Plantation are now in hand wth the erecting of some Churches & Schooles for the education of the children of those Barbarians: wch cannot be but to them a very greate charge, and aboue the expence wch for the civill plantation doth come to them. In wch wee doubt not but that you and all others who wish well to the encrease of Christian Religion wilbe willing to giue all assistance and furtherance yow may: and therein to make experience of the zeale and devotion of or well minded subiectℯ especially those of the Clergie. Wherefore wee do require yow, and hereby authorize yow to write yor ɫres to ye seuerall Bishops of ye Diocesses in yor Province, that they do giue order to the Ministers & other zelous men of their Diocesses, both by their owne example in contribution, and by exhortation to others, to mooue our people wthin their seuerall charges, to contribute to so good a worke in as liberall a manner as they may, ffor the better aduancing whereof, our pleasure is, that those Collections be made in all the particuler parishes foure seuerall times wthin these two yeares next comming: And that the seuerall Accountℯ of each parish, together wth the moneys collected, be retourned from time to time, to the Bps of the Dioceses, and by them be transmitted half yearely to you and so to be deliuered to ye Treasurors of that planta- tion, to be imployed for ye godly purposes intended, and no other.
[Indorsed:] Draught of a ɫer to the two Archbishops concerning Virginia.
[Indorsed in pencil: 1
Indorsement is in a modern hand.
] See 4 July 1623 O in C for general contribn.A comparison of the former estates of the Companies for their Tobacco, with what it is nowe by this Contract.
First in the yeare 1619 there came neare vpon 70000: weight of Tobacco from the Sum̃er Islandℯ: great quantities whereof were sold for twelue pence the pound, and generally 2s the pound was the highest price that it was sold at.
There came the end of that yeare; and the begininge of the yeare 1620 for the Account of the Magazine for Virginia about 26000: weight: whereof about 20000: weight was bought by Alderman Johnson and his partners for lesse then 2s 3d a pound: and generally one with another the Tobaccoes returned from Virginia that yeare were not sold for 2s a pound or not aboue.
So that the estate of the Companies was that indeed except some Retaylors, there was not generally made aboue 2s a pound towardℯ all Charge. And this price was likely to decay euery yeare as greater abundance of Tobacco came in: wherevpon in the yeare 1620 in March, there was a Charter sent to the Colonie in Virginia from the Companie here, where- in they directly declared vnto them, that they should not expect more then twelue pence a pound in Virginia.
Nowe putting this to be § the § true state that Tobacco was solde, this Contract will put vs in better case: for then
for then 3 pound sent home at 2s made | 6s |
But the King had of it | 3s |
wch was to be layd downe in ready money before the Owner might haue his To | 3s |
bacco wch doun vpon his 3 pound he only cleared |
Nowe bringing home 3 pound of Tobacco, the King hath one And then the two other being sold p̱ | 4s |
whereof the King hath 1s And then the owner cleares | 3s. |
So that in this case the owner hath asmuch money and a great deale of advantage, in reguard that by the former Course to a bad Com̃odity, he layeth downe half money, whereas here, he layd downe but a sixt.
[2] But it perhapps it wilbe said that this was the Lowest price rate of the Tobacco and that there was sold at 2s 6d or 3s p̱ pound: then the com- parison stands thus.
3 pounds of Tobacco at | 2s | 6d | |||
was sold for | 7 | 6 | Nowe of 3 pound brought the King hath one, the other two being sold for—2s 6d p̱ pound | 5s | |
The King had | 3 | 0 | wherein the King hath | 1s | 0 |
So then remayned to the Owner but | 4 | 6 | So the owner hath but | 4s | 0 |
And if in case the Contract makes Tobacco to yeald Lesse by—3d p̱ pound.
3. pound sold at 3s p̱ pound yeald | 9s | Nowe the King hath of 3 pound one and the other 2 pounds sold at 2s yeald | 6s |
the King had | 3s | But the King is to haue for Custome | 1s |
then there remayned to the owner | 6s | Then there remaynes to the owner but | 5s |
So this Tobacco formerly solde for 3s p̱ pound, wch was the highest price, and whereof but a verie litle quantity, this Contract yealdes lesse—6d p̱ pound. But for that 6d the Company by this Contract hath the sole sale and sole Importac̃on, whereby vndoubtedly the price wilbe doubly raysed: so that this Contract bettereth the Company.
[Indorsed:] A comparison of the former state of the Tobacco with what is by the Contract.
Alderman Johnsons Declaratione of the Prosperous estate of the Colony Duringe Sr. Thomas Smiths tyme of Gouerment.
Notwithstandinge many disasterous accidentℯ yt enterprizes of this nature, especyally in the infancy therof are subiect vnto, yt pleased god soe to blesse the labors and endevers, that were ymployed for the begiñge and Progress of this Plantatione, that in the first twelve yeers, duringe all wch tyme Sr Thomas Smith was Treasurer and Gouernor of the Compeny, wth the Expence of 70000li or there aboutes, brought in for the most p̱te by voluntary Adventurors, beeinge agreate many of them his neere freendes and allyants, and for his sake Joyninge them selves in that Busines, and wth the losse of a very fewe of his maties Subiectℯ (those alsoe beinge People for the most p̱te of the meanest Ranke, A large and very spacyous p̱te of the Country was fully discouered, The Coastes, havens, Portes, Creekℯ, and rivers therof p̱fectly knowne, most Comodyous places of Strength and Conveniency of habitatione selected and made Choyse of, Those places p̱tely recovered or procured from the Salvages, and p̱tly by infinite labor beinge generally overspred wth wood, cleared enclosed and Culltivated, many howses, barnes, and fortes builte, Churches, Bridges, and Store- howses, and all other publique and necessary workes erected, nott lesse as we Compute, then one Thowsande Englysh people, when Sr Thomas Smith left ye Gourment, were there inhabitinge wth plenty of Corne, Cattle, swyne, Poultrie and other good p̳rovisiones to feede and norsyshe them, A competent number of able and suffycient ministers to instruct them, worthie and expert Comanders, Capts and officers to direct them and gou- erne them, store of armes powder and munitione to defende them, divers staple Comodities (besides Tobacco) fownd out for the p̢sente to encorage. and in p̳cess of time to enrich them, Barkes Pynnaces Shallops Barges and boates built in the Country the better to accomodate and secure them, The natives of the Country in soe awfull a aleancye and amytie wth them, that many of those heathens voluntariely yeelded them selves subiectℯ and servantℯ to our gratious Soueraigne and priding themselues in that title, did togeather wth moste of the rest pay a yeerly Contributione of corne for Sustentatione of the Colony, and were kept in such good respect and Corespondency, that they becam mutually healpfull and p̳fitable each to other, To this growth of p̱fectione was the estate of that Planta- tione advanced even in the first twelve yeeres, ye affayers therof beinge wth much vnanimytie, moderatione, inegratie and iudgment princypally directed by Sr Thomas Smith and the accomptℯ of the moneys receaved and disbursed, Awdited vppon oath by men of credit and reputation, wthowt all exceptione.
Subscribed
Samuell Argall Robert Johnson Samuell Wroth.
To the right Worshippfull Sr Francis Wyatt Knight Gouernor and Captaine
Generall of Virginia
In all humblenes of dutie sheweth, yor poore petioner, that whereas John Robinson father of yor petioner Comeing out of England, and bound for this Cuntrie, brought with him in p̳uision, & other goods & valueable Comodyties to the some of 200 poundℯ besides servantℯ, hee dyed at sea, & being by some of his frendℯ counselled & wished to make his will will, answered I will make none, for if I dye my sonne & heire is here aboord wth me, vnto whome I leaue my whole estate. Now p̢sentlie after his dis- cease Mr Douglas now mr of the shipp, tooke away the keys of ye Chestℯ & trunckℯ of the said Robinsons from his sonne yor petitionr & possessed himselfe wth all his fathers whole estate, Not suffering yor petioner his sonne to posses any part or portion therof, nether will allowe him any meanes to liue vppon here, but intendeth to dispose of his father estate & seruantℯ at his owne pleasure, wthout any legall p̳ceeding, wch is Con- trary to all equite & Conscience.
In tender Com̃iseration whereof as also that yor petitioner is verie yong & not Capeable of his owne good herein, hee humbly desireth yor good worp: for to grant a ɫre of admistration to mr William Gayney his kinseman to administer in the behalfe of yor petioner his fatherℯ goodℯ hopeing therby & wth yor good Worpsfauor towards a poore orphan to recour the said out of mr Douglas handℯ or to bring him accompt for the same & hee shall
Letter of admistration graunted accordinglie to mr Ganey on his behalfe.
By the Governor and Capt generall of Virginia.
Whereas at this p̢sent, through the disasters that haue lately befallen this Plantacion ther is & maie be verie great want of Corne for the sus- teyning of or people, as also in regards or numbers doe daylie Increase, wherof some ariue meanly p̳uided in that kinde, it doth requier that wee be not only Carefull to releiue the p̢sent necessities, but also to p̳uide for the future, at least to p̢uent want, till it shall please god by his blessing to yeald some fruit of Encrease of or Labors the next haruest: Knowe yee therefore in Consideration of the p̢misses, that I Sr ffrancis Wyatt Gouernor & Capt: generall of virginia, out of the assurance that I haue of the wis- dome valour & suffyciencie of capt William Tucker to be Imployed in busines of this kind, doe lycence & authorize him the sd Capt William Tucker to Imploy himselfe in the seruice of this Plantacon: & in perticuler in the seruice of Sr George yeardlie kt. & wth such shipps pinaces boates as hee the sd Sr George shall thinke fitt to appoint vnto him, & that doe any way belong or are in the service of him the said Sr George, to depart therine wth the first wynde & weather that god shall p̱mitt, & wth them to saile into the baye of Chesapieke, taking wth him such men armes munition & p̳uision, as hee the sd sr George shall thinke fitt to appoint vnto him, And either in riuer of Rapahanocke, or in any other riuer vpon the westerne side of the sd baye, or vppon the south side, to trade, or take by force of Armes, or any other meanes or wayes, fro the Indians ther Inhabitinge, as subiects or Confiderates wth Apochankeno, or as thoes whoe had ther hands in the Cruell & treacherous murdering of or people, Corne, peas Beanes or wtsoeu9 else Comoditie hee shall finde and seisse vpon. And thence to lade & putt aboard such vessells, as he shall haue wth him, & to Convey and bring both Corne & what soeuer else into this our riuer to the port of James Cittie, ther to be deliuered vnto the aforesd sr George & by him to be disposed, as hee in his best discretion shall thinke fitt, ffurther granting also vnto the sd Capt William Tucker, that if in Case hee shall by the blessing of god attaine vnto a greater quantatie, ether of Corne pease or beanes or any other Como: then the aforesd vessells will at once with- hold & bring away, that then itt shalbe lawfull for him the sd Capt William Tucker to make Choice out of his discretion of such place or places, wher vnto hee may transport & bring such wt Como soeu9 hee shall haue & Cannot loade away at once as aforesd & ther vpon those places to staie himselfe together wth so many of his Compa as hee shall thinke fitt for the guard & securitie of ther Corne & goodℯ, vntill the returne of the foresd vessell frõ James Cittie. Expeckting frõ my selfe or frõ the sd Sr George such further orders, as shalbe sent vnto him. Wch orders as also such In- structions for the better managing of his voyadge as he shall receaue, either frõ my selfe, or frõ the said sr George, I doe requier him as Neare as he Can possible to obserue; And I doe further by these presents strictly Charge & Comand all & eu9ie person or p̱sons wt soeuer that shalbe Im- ployed & goe along wth him in this his sd voyage, to giue vnto him all due respeckt belonging to his place & office of Com̄and, & willingly & readily to obey & execute, to the vttermost of ther power, all such orders & dyrec- tions as ther hee shall thinke fitt frõ tyme to tyme to giue vnto them during the tyme of these voyages as they will answer the Contrarie at ther perillℯ. And I doe further Authorise the sd Capt William Tucker, in Case any man of his Compa shall offend or Com̄itt any malise or dis- order to punnish & Correct at his best discretion, Matters of lesse offence, Reseruing matters of life & death & of higher Nature to my owne Judicatorie
Given at my house at James Citty vnder my hand & Colony seale the third day of January Anno One thousand six hundred twenty twoe And in the sixteenth yeare of this plantacion 1622.
Francis Wyatt
To the right Worll sr Francis Wyatt Knight Governor and Captaine
generall of Virginia
Sheweth that John Raimond being one of the Company of Capt Nathaniel Butler esqr when hee went to Checkohomini in ye good shipp ye Adam & Eue did kill one of the kine of the Worll ye lady Dayle his Lady & Mirs, wherwth yor said petioner standeth lyable to be Charged
Wherefore yor said petitioner humblie desireth yt the said Jon Raimond may bee called before your Worp to giue satisfaction for the sd Cowe, yt he may be discharged & that his lady & mirs may receaue no damage for wch yor fauorable yor petioner shalbe bound to pry
See the order of Court the fourth of January 1622
Right Honabl͠
We Cannot butt acknowledg godℯ greate goodnes yt after these last great disasters hath stired vpp the harte of his most excelent matie to bestowe vpon us soe Royall a gift of Armes & munitione wch we resolve to ymploy to ye honor of our Countrey and revenge of his subiects bloud, for wch munitione and his gratious intentione of supplyinge us wth people, we beseech you to p̢sent our most humble thanks to his sacred Matie
In the next place wee must acknowledg ye hande of heauen also, that hath not suffered the zeale to this Plantatione to dye or grow colde in ye 1
Written over the word "yor".
bosomes of you the Honoble͠ Companie, but that you conceive yt rightlie as a cause of the future strength, not a decay of this Colonie, wch before ran in a more dangerous, though in a more plausible manner.pag: 4°.
Wee haue anticipated your desires by settinge vppon the Indyans in all places, mr Trev̄r firste fell vppon the Tapahatonahs, in two severall expeditions, Sr. George yardley vppon ye Wyanokes and in a seconde expeditione vppon the nancemunds, Warescoykℯ & Pawmunkie ye Chiefe seate of Sansapen & apochankeno, Capt John West vppon the Tanx Pow- hatans, and Capt9 William Powell vppon the Chocohominy Capt Hamer beinge sent to the Patomecks to trade for Corne slew divers of ye Neco- chincos yt sought to Circumvent him by treacherie, The like did Capt madisone at Patomeck, Capt9 Hamer a seconde tyme ymployde to Patao- meck for Corne slew some others yt p̳ved our enemies, And now is Capt Tucker in the River of Rapahanock to take revenge vppon them, as Confederates wth Apochankeno.
In all wch places we haue slaine divers, burnte theire Townes, destroyde theire Wears & Corne and xxx Sr Georg Yardley in his last expeditione brought into the Colonie aboue a Thowsande bushell of corne, wherin he frely ymployd his shippinge, shallops, maryners, and servantℯ Besids there hath been brought in by trade and force 3000 bushells more, wherin we haue been forced to ymploy many p̱ties of men, the necessitie wherof beeinge fore seene by us was one cause why wee drew into fewer bodies.
By conference of former experyences wth those of ours vppon the Salvages, it is most aparant that they are an enemy nott suddenlie to be destroyde wth the sworde by reasone of theire swyftnes of foote, and advantages of the woodℯ, to wch vppon all our assaultℯ they retyre but by the way of starvinge and all other meanes yt we can possiblely devise we will Con- stantlie pursue their extirpatione. By Computatione and Confessione of the Indyans themselves we have slayne more of them this yeere, then hath been slayne before since the begininge of ye Colonie.
Wheras in the begininge of your Lres by the Trewloue you pass soe heavie a Censure vppon us as yf we alone were guiltie, You may be pleased to Consider what instructions you haue formerly given us, to wynn the Indyans to us by A kinde entertayninge them in our howses, and yf it were possible to Cohabitt wth us, and how ympossible it is for any watch and warde to secure us against secrett Enemies yt live p̳miscouslie amongst us, and are harbored in our bosomes, all Histories and your owne Dis- course may Sufficyently informe you.
For the warninge given ye last yeere, some of us heere cann say nothinge vnto yt, but Sr: George yardley and mr Pountis them selves doe affirme, yt notice beeinge given by the Kinge of the Easterne shore of Apochaukeno his plott, at the takinge vpp of Powhatans bones at wch Ceremony great numbers of the Salvages were to be assembled to sett vppon every Plan- tatione of the Colonie, Sr. George yardley him selfe in p̱sonne went to every Plantatione and tooke a generall muster of all the men and theire Armes, gaue straight Charge yt watch & warde should bee kept every where, But Apochancono, earnestly denying 1
Written over the word "denies."
ye plott, and noe aparant proofe brought in, our people by degrees fell againe to theire ordinary watch not beeinge able to follow theire seuerall Labors and keepe soe strict a guarde, especyally beinnge seated in smalle p̱ties, and at divers tymes havinge had many the like Alarumes wch cam to nothinge. Neither was it to be imagined yt vppon ye death of Nenemachanew, a man soe farr owt of the favor of Apochancono yt he sent worde to Sr. George. Yardley beinge then Gournor by his interpreter, yt for his p̱te he could be contented his throte were Cutt, there w[ould] falle owte a generall breach, wee beinge intreatie wth him and offeringe to doe him Justice Accordinge to the Articles of the peace, yf vppon the takinge vpp of the dead bodies yt might appere yt Nenemachanew had noe hande in theire deaths wch was all yt Apochancon[o] required and ther vppon sent oute as he fainde to search for ye bodies, and in the mean tyme sent woorde yt the death of Nenemachanew beinge but one man should be noe occa- sione of the breach of ye peace, and yt the Skye should sooner falle then [ye] Peace be broken, one his p̱te, and that he had given order to all his People to give us noe offence and desired the like from us.Notwthstandinge order was taken generally through owt ye whole Colony to stande vppon theire guards, vntill further tryall, but ye Indyans Com- inge daylie amongst us and puttinge them selves into our powers, bread in our People a securitie
These and divers other Circumstances Considered, wee were in good hope yt you woulde not haue added sorrow to afflictione, woundinge our reputationes wth such disgrasfull reprooffes, vnworthie of our sufferinge yf not of our industrie, But yt you would first haue ascended to ye trew cause wch we wth you confes to bee all our sinns havinge since loste more by the Imediate hand of God, then by the Trecherie of the Salvages, And would to god yt the Cowetuosnes of some at home, did nott minister swell to our drunkenness heere fillinge the Countrey wth wyne not only in quantetie excessive, but in qualletie base and infectious: for apparell wee know noe excess, butt in the puristes, and had not that taxe p̳ceeded from you, wee should haue thought it a floute for our povertie and nakedness
The Remoueall to the Easterne shore wch you calle an abandoninge of this River (beinge aplace indeede yt Comandℯ not only this but all the Rivers in the Baye, was a thinge only in 1
Written over the word "a."
dispute & speculations: But vppon the Consideratione, that it might be at first sight a taint to our reputations, & noe way lawfull to forsake our stations wthowt leave, yt p̳ceeded noe farther, as all our Accons since may Sufficyently proue, Havinge Carefully repayred the decays of James Cyttie, and invited all men to builde theire wch p̳ceeded Cheerfully one, till your Lres of Dis- persinge men againe, wherin wee submitt our Judgmentℯ to your Com- andℯ, made every man looke to his privatt, But yt it was necessary to seate together in two or three great bodyes, was the vnanimyous voyce both of the Counsell and Planters, And noe doupt would haue draune one the buildinge of fortified Townes, wherof now wee dispayre, wherby we might haue made advantage of their Salvage trecherie by the securinge of our selves from the native and forren Enemie, and yt wthowt tax of feare beinge rather a hopeinge §me§ Conceptione then A thinge yt wee know, and this we take to haue beene the first endevors of all new plantations; wee Con- clude this poynt wth ye 4th resone geven in your printed booke, yt to be scattered in smalle Compenies are helps to victorie, but hinderances to Civilitie.The quittinge of soe many Plantations was absolutly necessarie, and wee more willinglie suffer a reprooff in p̳servinge your people, then Com- endatione in their hazarde (in one wee will instance ye necessitie of all) by A muster taken of my Lady dales family, wch consisted of two and twentie wherof eight were boys, most of the men were new and vntrayned wth very little munitione, and but six peeces and one Armour amongst them, and 54 headd of Cattle, wch all those men were nott Sufficyent to guarde, except eyther the place or Industry of inclosure had given advantage. As for ye Irone Woorkes we had resolved to haue strengthned them wth all ye planters theraboutℯ, yf soe many of ye princypall woorke men had not beene slayne, as in the opinione of mr Barkley and mr Southerne it was vtterlie ympossible to p̳ceede in that woorke though wth ye asistance of the whole Colonie, neyther was it possible retaynige any more of ye plantations eyther to Draw a Competent force to revenge our selves vppon our eniemies, or to send abroade p̱ties to p̳cure Corne for our p̱rnt reliefe, wch our reputa- tions and necessetie required, as may appeere by this, wheras by Comon consent, 300 were thought to bee the lest number to assault Apochancono him selfe, whose discomfiture, would proue ye dishartinge of the residew, vppon A generall vew taken, there could nott be levied aboue 180 men, wherof 80 at least were only serviceable for Caryinge of Corne, and yet these few Plantations wee helde, especyally by resone of the sickness of our people were left as weake, as was in any sorte Justifiable.
For yt of ingrosinge all, and leavinge all, our innocency knowes not how to interprett it, and desire alsoe wth ye beloued Discyple, you would be pleased to poynt owte ye man guiltie of yt horrible treasone against god himself, since by naminge none you Charge vs all, nether know wee any, that §we§ had nott freely adventured them selves, and p̱ted wth theire p̱ticuler p̳ffitℯ to aduance your designes, and nott theire owne gaine and greatness, for the repayre of wch causeles suspitione, we shall endeuor accordinge to your Comande, to restore ye Plantations where formerly they were and to mantaine them wth aboundance of graine and Victuall, Provided yt we be not charged from home wth such multitudes of people scantlie or vtterlie vnprovided, as formerly hath been sent and Come over, beinge ye Chief cause of our scarcytie, and how soeuer you haue very worthely sett in printe to all mens vewe wt p̳visions are necessarie to be brought hither, yet it is but in p̱te observed, (even by these last suplies)
Wee desire to make noe comparisone wth those yt haue formerlie gouerned, to whose memories we give all respect & honor, but yf you please to take a survey of those tymes, you may p̱ceave yt there were held but fower Plantations, and those not subdivided: fed and Appareled wholie by your Comon purse, and yett were all Colonie servantℯ vnder the eye of ye Magistrate at the absolute Comande of the Gournor, and yt vnder Marshall Law, wheras before this Massacre there were neere (80) severall Plantations and dividentℯ, and Accordinge to your late instructions are like to bee no less then fortie, ten tymes as many as were then mantayned, would to God our numbers of men held the like p̳portione.
For our former wante of Corne, wee yt are latelie come can say nothinge, those yt were heere before, alleag[e] ye scant and bad p̳visiones xxx §sent ouer§ wth new Comers, and that all Tenantℯ at halfes (the Colledge only excepted) were never able to feede themselves by theire labours three moneths in ye Yeere Wheras the ffree men generallie haue allways plentifully §prouided for themselues and others, and some of them haue§ effected more wth §their§ p̱ticuler families, [then] the whole Colonie in that alleaged infancie; And yf this last disaster had not beefallen us wee should nott haue needed yt supplie of meale, for your great paynes and travell p̳curinge wherof wee give you humble thanks, but we confes freely, yf we had knowne yt would haue cost you soe much trouble, wee would never haue writt for yt, and for ye future see yt they be p̳vided for yt shall heerafter come over, we are Confident there wilbe noe cause To intreat your helpe for supplie of Corne or any other p̳visone, fourther then voluntary Adventurer[s] will bringe in, wch shall never be intreted for us, seeinge by reasone of our great Crosses, wee haue nott beene enabled to our griefe, to make such speedie and full retourns for those adventures you haue p̳cured as was expected.
pag: 5
The maine Cause why retournes were not made for ye last yeers magazine, was because before the arivall of the warwick, most of the Tobacco in ye lande was solde and made Away to other shippinge that formerly arived, To whom you required our favors to be shewne in respect of theire lesse number of people Transported then vsuall, soe as of necessitie your factor must haue kept yr goods dead vppone his handes, or sell them to be paide this Cropp, Wherin, yf hee haue been denied any asistance from vs for Recoveringe his depts you might then soe bitterly Censure vs. Other helpe wee coulde nott giue him, beinge not at all acquainted wth ye p̱ticularities of his busines, Besidℯ, there haue and doe come daylie into this lande soe many privatt Adventurs equallie Recom- ended vnto us, as five tymes ye Cropp of this yeere will nott satisfie, there beinge not made aboue three-score thowsand waight of Tobacco in the whole Collonie, and soe many privatt Adventures besidℯ, that except wee should deny fre[e] trade contrarie to ye equitie of your order, doe and will take Away much of our Tobacco though wee geeue noe warrant to them to recover it, Because many of their comodities as Sackℯ sweete meates and stronge Liquors, are soe acceptable to the people.
Concerninge ye raisinge of Staple Comodities, our endevors therin and how farr, it was advanced before this disaster, you haue been formerly advised, how ernest our intentes are to p̳secute them heerafter, Mr. Thr̃e: will more p̱ticulerly informe you.
The failinge of ye Irone woorkℯ is much lamented by the whole Collony whose asistance they wanted nott, whiles it was in theyr power to asiste them, the state of wch woorke wee Referr to ye relatione of Mr. Maurice Barkley, who is now to retorne, by whom we will send you a list of ye names and p̳fessions of the men, togeather wth a note of ye tooles and mate- rialls necessary for the reerectaige of that woorke.
The silke woorme seede wch was formerly sent were all hatcht before they cam to our hands, only those now receved are for ye gretest p̱te well con- ditioned, and shalbe carefully p̢served.
For Mulberie trees great store were ye last yeere planted and shalbe yeerly inclosed, the like care we will haue of Vines.
For silke grass we purpose to send you some quantetie, soe much as shall suffice to make experience of it, and yf it proue right, we can send you therof in aboundance.
For gatheringe of Sasafras, although the necessitie of the yere 1
Written over the word "tyme."
doth require ye ymploymt of more handes then we haue, soe many People beinge to bee reseated vppon their plantac̃on havinge howses to builde, and the tyme of plantinge drawinge neere, yet will wee doe our best to Satisfie your desires therin.For what hath been donne in the glass workℯ, mr. Thr̃e: will informe you therin, the like will mr Pountis for the maides, as also for Mr Woodalls Cattle, and as for the furre Vioadge we canott resolve you, Capt Jhones beinge nott yett retorned.
Capt Barwich and his Companie at their arivall were Accomodated accordinge to theire Desire in James Cyttie, where they haue spent their tymes in howsinge them selves, and are now woorkinge vppon shallops, Since his arivall by sicknes he hath lost many of his princypall woorkmen, and he him selfe at p̢sent very daungerouslie sick, mr Threã will at all tymes take Accompt of the p̳fitts and returne them.
The men sent for ye buildinge of the East Indie Scoole were for the p̢sent placed amongst the Colledg Tenantℯ, fower of them are dead the residue shalbe placed wth the first Conveniencie at martins hundred accordinge to mr Coplandℯ request to the Gouernor and Councell.
The little experience wee hadd of mr Leake, made good your Comendations of him, and his death to us very greveous.
fol [5a]
Sr. William Nuce did not aboue two days surviue the readinge of his Pattent, Whose longe delay and sudden losse were to our great disadvan- tage, He brought wth him very few people, sicklie, ragged and altogether wthowt p̳visione, his sudden death and great Depts, left his estate much intangled to our extraordinarie trouble.
Mr. Treãor hath receaued abooke of accompts concerninge the Tobacco sent home for the fiftie youths sent in the dewtie, and the maides in the Jonathan, and Londone marchant, and of 2407 pownde of Tobacco sent home by the George, 1407ll͠ thereof was for ye Transportatione of nyne of the Cyttie boys, nyne maides and fower men: the residwe wth 20 barrells of Corne paide heere, was for ye rent of twentie boys of the Cyttie Boys the yeere past, wch was as much as you receaved for most of yor Tenants, wt the Tobacco comes shorte of makinge vpp the somme expended for the duetie boys and the maides, wee will doe our best, yt they who had them may make you Satisfactione.
Concerninge the revenews of the Compenie, we suppose you haue fownd by your officers where the error is, we conceave yt yf you would be pleased to Chaunge the Conditione of Tenatℯ into servants for the future Supplies, and nott send over new officers meerly vnexperienced in the Countrey to comande them, who though they may be * * * * very sufficyent for much worthier ymployment, eyther martiall or Civill, are not soe fitt for ye overlookinge and directinge men in theire labours, in wch affayrs experience instructs more then any other Sufficyencie, That then your revenues might be greatly Improved.
Capt Eache hath not yett vewed the place at Wariscoyks whether it be fitt for fortificati[on] or nott, when he hath, yf he shall find it fezable and will vndertake it, he shall haue our vtmost and best Asistance, as far as this yeers povertie will p̱mitt, wch we will supplie in the next.
The Colledg Tenatℯ, wth much dificultie, we are now about to resettle and haue engaged our selves to supplie them wth Cornne vntill harvest, havinge strengthned them wth divers of the olde Planters vppon ye Con- ditions wch your selves haue p̳pounded.
The Adventurers of martins Hundred whom haue putt Liefe into the Accone by [reenforceinge] theire Supplies may prmise from vs to them- selves all possible asistance, Livt. Parkinson wth his people is alredie gone downe, ye like we shalbe redie to doe to ye rest of the Plantatione
We have receaved divers Peticions wherin wee wilbee readie to doe Jus- tice, as ye proofes shall arise vppon Examinatione, nor can any man for ought we know, complayne Justly that A Lawfull hearinge hath been denied him at any tyme.
Lastlie we Conclude wth our humble request vnto you, yt you will not iudge of us by the eventℯ of thingℯ wch are ever vncerten especyallie in a new Plantatione, nor by reportes of branded people, some of whom have deservedlie vndergone seuerall kindℯ of punishment nor of the malitious and vnknowinge, but rather to give Creditt to our publique informations, and then we shall Cherfullie, as we haue ever faithfully, p̳ceede to the advauncment of your designes the good success whereof, we humblie recomend to ye favors of the Allmightie and ever remaine.
Most humbly at yor Com̃ands.
James Cytty ye 20t of January 1622
Fra: Wyatt
George Yardlie
George Sandys
Roger Smith
John Pountis
Ralphe Hamer
[Indorsed:] To ye right Honoble͠ ye Earle of Suthampton and other ye
Lordes, wth the rest of the woorthie aduenturers of ye Virginia Compeny.
[The order of the Privy Council respecting Captain John Bargrave, Jan. 20, 1622/3, is printed in the Acts of the Privy Council, Colonial, I, pp. 56–57.]
Whereas there were of late Proclamations made concerning those most lewd vices of Swearing and Drunkenesse, and officers likewise assigned to enforme the Governor of such as should be delinquent, wch either by negligence, feare, or partialitie of the said officers was negle[cted] And whereas Sr George Yeardley very worthely hath offered, and is willing to take into his especiall care, that due execuc̃on of those Lawes be p̱formed. Now Know yee that I Sr Francis Wyatt let Governor and Capt generall of Virginia, out of the assured confidence that I haue of the vigilance and integritie of the said Sr George Yeardley, do giue him full power, license, and authoritie to appoint, make, erect, and constitute officers for that purpose, in every Corporation and Plantation, and to impose, tax, or punnish, the said offendors, according to the tenour of ye said Proclamation or otherwise, as he in his discretion shall thinke fitt: Straightly chargeing all his Maties subiects wthin this Colony, to take especiall notice of this my warant, and Commission, and to be obedient and assistant vnto the said Sr George Yeardley, or to his appointed officers in all cases that may concern the p̢misses, as they will answer the contrary, at theire perills. Given at James Citty vndr my hand and great Seale of the Colony the 25th of January Anno Dm̃ 1622.
The great Seale affixed
A Comission to Sr George Yeardley for punishing of swearing & Drunknes.
Francis Wyatt.
In the original manuscript of this document there are a certain number of shorthand symbols. With the aid of shorthand manuals of the period these have been interpreted with, it is thought, almost complete certainty; but the interpretations suggested have been put in square brackets.
February (?), 1622/331 No [torn] those by [torn] Before [they?] peale to Salary these thingℯ to be considered.
Is ferst to be debated bec' publiq' busines [precedeth] priuat [according to the] law
The Hol the Earle of Warwicke | 9000 |
Sr Nathanyell Rich | |
Sr Thomas Hewett and comp̃ | 0500 |
Allderman Johnson and comp̃ | 4000 |
Ric: Morrer | 5000 |
Richard Edwards | 2000 |
George Smith | 6000 |
Joseph man | 0600 |
Wm Palmer | 2000 |
Jno Dyke | 2000 |
Mr Tucker §and Comp̃ | 2000 |
33100 |
Mr Morrice Abbot | |
Mr Pennerstone | |
[ ] Ticknare | |
Jno Woodall | |
[ ] Covell | |
Rob: Smith | |
Canning | these adventurers haue 49 sharres but haue not as yet their letter of advise |
Sparrowe | |
Robartℯ | |
Weste | |
Chamberlayne | |
Lukine | |
Mr Jno Wroeth | |
Barrone |
tobaco 150
[On back]
120li at 2s 6d yealdℯ p̱ year 1000wt of Tobacco of this his maty hath for his [thyrd] | 40li | ||
for Custome of the Remaynder vizt of 750wt | 18 | 15 | |
The fraight of 1000wt but at 2d a po | 8 | 6 | 4 |
Imposic̄on for charges this last year of 70000wt at 6d a po. wch makes but 175011 and we are ever in debt this comes to | 25 | ||
92 | 1 | 4 |
ffor Salarys but
The plaine Interest of the money besidℯ the aduenture both thither & backward for a year | 12 | ||
so | 104li | 1 | 4 |
besidℯ the Salary wch is like to be more then all that wch rekayned at 4d p̱ ps | 16li | 13s | 4d |
By the Governor and Capt generall of Virginia.
For gathering of Sasafras
Whereas we haue receiued Com̃and from the Right Honoble͠ the Earle of Southampton for the sending home of three score thousand waight of Sasafras. These are therefore to charge and Com̃and you mr Vtie that for every fifteene you leavy on thousand waight of good Sasafras (viz) for every man 66ld waight a peece, wch must be brought aboard the Abigaile, before the first day of March next, on paine of every hundreth waight so wanting, to forfeit ten poundℯ of Tobacco: the size of the Sasafras must not exceed the bignes of a mans arme.
Given at James Cittie this 14th of February: Anno D̴ni 1622.
Francis Wyatt To Ensigne John Vtie at Hog-Ileand, The like (mutatis mutandis) was sent to every Plantation.
Autograph copy by George Sandys and indorsed by him.
March, 1622/3Worthy Sr, be this my excuse, that I in particular write not to ye generalty: I haue nothinge wherewth to palliat there humors; who, I too well perceaue, will both iudge and condimne whatsoeuer succedes not to theire desires, wthout either enquiry of the truth or necessity of or actions. But we, whom the hand of heauen hath humbled, professe the inability of ye best Counsel[l] & indeauors that are not supported by ye diuine assistance, neither haue theire assertions much trubled vs. yt are confirmed wth innocency and habituall patience.
Sr Will͠m Nuce arrived here about the beginninge of October, wth a very few of weake and vnseruiceable people, ragged, and wth not aboue a forthnights prouision: some bound for 3 yeares, a few for 5, and most vppon wages of all his goods hee hath made a deede of guift to the owners of ye shippe for ye security of her hire, wch though they were sould at excessiue rates, would hardly discarge yt ingagement. Aftr his death 11 men were all that remained for the Company, whom for want of prouision I was enforced to sell. Three I sold to Captaine Wilcocks for 600 waight of Tobacco to bee paide this yeare but two of Them dyed before hee could get to his Plantation: two to Capt: Smyth for 400 waight, halfe to bee paide this yeare and halfe ye next, one to Capt: Tucker for an hundred in hand, and two more the next croppe if hee liued soe longe, and an other to Capt: Croshaw for 200 Fower yt were left one my handes, I was fayne to send to my owne plantation; two of these a little aftr ran away (I am afraide to ye Indians) and noe doubt the other two [2] would haue consorted wth theire companions if sicknes had not fettered them. For ye 5 men wch Sr Will͠m Nuce should haue deliuered me here, I was glad to take his page (dead before deliuered) & an other little boy hardly worth theire victuals.
But of all that came ouer wth him I haue sent you here inclosed a list of theire names and how they are disposed of. I haue receaued your booke of debts; in the gatheringe whereof there shall be noe fault in my indeauor: although I am affraid there bee little Tobacco left wch the Magazin hath not receaued, or the marchants & seamen not gleaned for theire sackes & stronge waters. 60000 waight beinge the most yt this yeares crop hath produced. As for ye Deuty Boyes, they thinke much to be brought to a backe reconinge: since they paid as much as was demaunded for thē & receaued acquitances. Yet Sr George Yardly will pay the ouerplus for those wch he reserued to himselfe: the like offer was made by Capt. Will͠m Powell (who is now wth God) but yt they are not able at this time to dis- charge it. Sr George complaines not wthout cause who I beleiue hath lost this yeare two thirdes of his estate: & to giue him his dew he hath behaued himselfe very nobly in ye seruice of ye Country to his great expenses. But what I can I will doe & send you the accomptes by the Abigall.
Concerninge ye Shipwrights (ye best proiecte for ye Country & most profitable for ye Aduenturers) hath fayled wth ye rest in this generall decay: wherein, if you blame vs, you must blame the hand of God, that hath taken away Capt: Barwicke & 6 or 7 of his principall §worke§ men. A hard man, yet not a little toutched in conscience that he hath conuerted the releif of his men to his particular benefit: But out of yt wch is his (whereof I haue [3] made a stay) satisfaction vppon proofe shalbe giuen. Those yt remaine shall imploy theire time to your best aduantage.
The ill successe of ye glasse workes is allmost equall vnto this: first the coueringe of ye house, ere fully finished, was blowne downe, by a tempest noe sooner repaired but ye Indians came vppon vs, wch for a while deferd ye proceedinges. Then they built vp ye furnace, wch after one forthnight yt ye fire was put in, flew in peeces: yet ye wife of one of ye Italians (whom I haue now sent home, haueinge receaued many wounds from her husband at seuerall times, & murder not otherwise to bee p̢uented, for a more damned crew hell never vomited) reueald in her passion yt Vincentio crackt it wth a crow of iron: yet dare wee not punish theise desperat fellowes, least ye whole dessigne through theire stubbornesse should p̱ish. The sum̄er cominge on, Capt: No§r§ton dyed wth all saueinge one of his seruants, & hee nothinge worth: The Italians feel extremely sicke: yet recoueringe in ye beginninge of ye winter, I hyred some men for yt seruice, assisted thẽ wth mine owne, rebuilt the furnace, ingaged my selfe for prouisions for them, & was in a mannr a seruant vnto them. The fier hath now beene six weekes in ye furnace, and yett nothinge effected. They complaine yt ye sand will not run. (though themselues made choise thereof, and likt it then well enought) & now I am sendinge vp ye riuer to prouide thẽ wth better, if it bee to bee had. but I conceaue that they would gladly make the worke to appeare vnfeasable, yt they might by yt meanes be dismissed for England. Much hath beene my truble herein, and not a little my patience (f haueinge beene called rascall to my face for reprouinge them of theire ryot, negligence & dissension) but, for the debt wch I am in, for theire sustentation I hope ye aduenturers will see it discharged.
The silkewormeseede yt came in these last shipps, are well conditioned for the most p̱t. I haue deliuered them to ye Frenchmen least they might miscarry out of our want of skill: but when ye [4] time of the yeare shall come, I will distribute of them to such as haue the most desire & the best meanes to cherish them. Many Mulbery trees the last yeare were planted, & many vines; but the later came to nothinge out of ye trouble of ye times, or want of art & perhaps ye badness of ye cuttings: for they all grow on old stocks, and are yearely burnt downe by ye firyinge of ye woods: but the neglect of tendinge them I beleiue is ye cheife. Wherefore now wee haue taken an other order; that every plantation, (who are bonde vnto it by indenture) shall imploy§ale§ two acres of grounde, and imploy the sole labor of 2 men in yt busines, for ye terme of 7 yeares enlarginge ye same 2 acres more, wth a like increase of labore: in wch they are to build a large sto house of 2 storyes, well seiled, for silkewormes. by this meanes I hope this worke will goe really forwarde, & ye better if good store of Spanish or French vines, may be sent vs.
I haue hired a ship to cary ye Colledge men to theire plantation, wch is now vnder sayle, I pray god it succeede well; but I like not this strange- linge: & if all had beene of my minde, I would rather haue disobayed your com̄aunds, then subiected ye Collony to such disorder and hazards. For how is it possible to gouerne a people so dispersed; especially such as for ye most part are sent ouer? how can they repaire to diuine seruice, except euery plantation haue a Minister? how can wee raise soldiers to goe vppon the enimy or workemen for publique imploiments, wth out weakeninge them to much, or vndoeinge them by draweinge thẽ frõ their labors? whereas if wee had planted together wee could haue borne out one anothers labors, & giuen both strength and beuty to ye Collony & all though they goe forth in sufficient numbers, what certainety is there in yt, when p̱haps 10 of 60 will not stand to theire health [5] and a number of them dye? whereof this yeare wee haue had a miserable experience. The other day a party went vp to seat on ye Kinge of Apo- matuckes townes, but before they could get thither, they were soe de- minished by death, and weakened by sickenes, that they were fayne to giue it ouer. Such a pestilent feuer rageth this winter amongst vs: neuer knowne before in Virginia, by the infected people yt came ouer in ye Abigall, who were poisened wth stinkinge bere all fallinge sike & many dyinge; euery where dispersinge the contagion. The fore runninge Sum̄er hath bene alsoe deadly vnto vs; I for my part, haueinge lost 19 by sickenes & 4 by ye Indians. You may ges in what a pore condition I am, but the extreame sickenesse I haue sufferde, the heart-breakinge to see the ill successe of your affayires, want of all thinges necessary for life, my debts in supplyinge youre scant prouisions, the Companyes not performeinge there contractes & approatchinge pouerty, I shou[ld] esteeme as nothinge, if our incessant toyle & best indeauors could but p̢serue your good opinions: but since all wee can doe can purchase vs but vnde- seruerued infamy.
Vltra Saromatas hinc libet fugere et glacialem Oceanum.
wch is oft in my minde and all most in my resolution.
It remaines yt somethinge I should write of Virginia, whereof (be not offended yt I speake ye truth) you know but little, & wee not much more, (for what can be discouered wthout meanes, or wth such an handfull of people soe dispersed?) but this I must defer vntill a time of more leasure, beinge now wholy taken vp wth full fillinge of your com̄aunds: wherefore I pray you excuse me to my particular freindes yt I write not vnto them. As for yr priuate affayres, I will make them myne owne, & aduance them wth my best industry: but wth all aduize you, yt you aduenture not to much in ioynt stockes, nor in those proiectes wch ever fayle by ye death of ye com̄aunder & principall workemen; for ye life of one in euery family §faculty§ is not to be relied vppon: such is ye state of this country. As for or other crosses & the comeinge soe far short of yr expectations, I had rather other should screch them, then yt they should proceede from my pen, but both you and wee must submitt orselues to ye iudgments of god, to whose protection I com̄ende you, & rest. Yours most assured, G: S:
[Indorsed:] The Coppy of my Letter sent to Mr Farrer by the Hopewel.
Ffirst it is necessary the Plantac̃ons subsisting as yet by these §this§ comodities of Tobacco it is necessarie that some prouision bee made that the price same §sale and vent thereof§ may be vented §contynewed§ and that the price may be kept vp so as it may §§at such some§ such§ pro- portionable rate to as may§§ yeald proffitt the Adventurers and Planters proper so[m] reasonable proffitt And as it is necessarye for the goods of the Plantac̃ons so likewise his Maties proffitt is carefullie to be regarded & whose yearelie casuall Reuenew by this very weed hath ben increased, at least to 100 8 or ten thowsand po. p̱ An̄ and may hereafter be much more: but if some tymelie Prouision be not made, both his Matie§s§ will Revenew wilbe lost and the Plantac̃ons (especially that of the Somr Ilandℯ) in danger to be vtterly ruyned: for
The Quantitie of Tobacco by reason of the late excessiue planting thereof not onlie in the West Indies former and in the new Plantac̃ons in Guiana and Brasill is like to be so great that all these p̱tes of Christendom wilbe glutted wth it, and the price ther of this com̄oditie reduced to 1 brought so low as it in probability it will not be worth so much a pound as his Mate hath now for Custome.
That Tobacco of those Countryes though not in wholesomnes yet in strength and tast doth so farr excell ours that if the To §that if the English Plantac̃on§ ours of the English Plantac̃ons, that it §our Tobacgo§ will not be worth any §any§ thing at all: And so
To preuent both wch Inconveniences, and for the setling both of his Maties yearelie Reuenew, and the good of the Plantac̃ons in Virginia and the S. Ilandℯ (wch are amongst many others most memorable workes of his Maties happie gouermt) It is propounded
[2] A Proposition for aduancemt of His Maties proffitt and setling good of the Plantations §of Virginia—/S. Ilandℯ§ by setling the trade of Tobacco by wch they now cheifele subsist:
And of wch if
That the King §§according to the 1
Apparently "to the" should also have been canceled.
Custo vsage §as the French King hath the Gabell of Salt in Ffrance & the King of Spayne the sole merchan- dize both of pepper and euen of this p̱ticular com̄odity of Tobacco §in Spaine§ so his Matie would be contented to take§§ haue the sole preemption of all the Tobacco from the sd Plantations allowing the Aduenturers and Planters 2s 6d a po: cleare of all other charge of Custome fraight and Impos: wch will giue them §vniversaly§ full content.That m̃chantℯ be some be conferrd wth all who will become the Kingℯ m̃chantℯ for this Com̄odity §&§ allow his Mate 5s p̱ po: The quantitie not exceeding 400 thowsand weight the Stock whereof is iust a 100 thow po. 50 to thowsand po. to the Plantations & 50m ll͠ to the p̱ An̄ to the King.
Ffor Incouragemt of these m̃chantℯ: they may haue §sole§ power of §to licence the§ retayling§ers§ §of§ this Com̄oditye: and the better and there- fore to agree in euery Citye Towne and p̱ish wch shalbe thought fitt §to sell Tobacco§ wth a certayne nomber who shall vndertake to buy of [of] their handℯ yearelie so much a thow 500 or 100 or §more§ §a proportion§ in weight of this Tobacco at §such§ a Rate of a noble a po: at lest §such as the sayd m̃chantℯ shall think§ by wch meanes the kingℯ m̃chantℯ shalbe secure §sure§ likewise to be gayners and by §though they§ ingaging§e§ themselues to his Matie for so great a Sum̄.
No Alehouse to retayle sell Tobacco but by buying of it in papers sealed wth the seale of him that is licensed §to Retayle§ in that or the next p̱ish where the Alehouse is kept to Retayle, wch Retayler shall sell it to the Alehouse- keep̱ in penny papers 13 to the dozen: and so the Alehousekeep̱ shall gett a peny in a shilling and he §the poore§ that takes Tobago shall not be cosened as now they are to pay 6d or 8d for that wch the Alehousekeep̱ payes but 2d.
By this meanes the kingℯ proffitt is highlie increased, his mate likewise deeply interessed to regard the prosperity of these Plantac̃ons that afford him so great a yearelie proffitt The good and benefitt of §arising to the owners &c in§ the Plantac̃ons secured §& satisfied§ No hurt to any man The wch els would soon come to nothing by the aboundance of Tobacco now planted in Brasill & the W. Indies wch in 3 or 4 yeare will eate out all the kingℯ proffitt [3] and the proffitt of the Plantac̃ons by bringing it to that cheapnes that it will not be worth 4d a po: to be sould if some speedy course be not taken to preuent it: Again §likewise§ this §is a§ secure §r§ §course§ against priuate stealing in of Tobacco for if not none but the such as are licensed may retayle euery Retayler wilbe an Informer, and there wilbe none that will aduenture to buy but the Retaylors themselves who will §can§ not s buy of any other but to his §theire§ owne hinderance at least not any great quantity Neither shall his Mate need to forbidd the Impor- tac̃on of Spanish Tobacco but sett a good Custom vpon it And if the kingℯ Merchantℯ will buy it they may and that they may make proffitt by it they may: pro wch they will not doe if they see it wilbe any hinderance to the venting of the Plantac̃on Tobacco.
Lastly as it is good for his Mate §benefitt and§ good §may * * necessary§ for the §subsisting of§ the Plantac̃ons: so it is §it is§ §And§ preiudiciall to no man but only will regulate the disorderly abuse of it §§may it b without forbidding §Imposition§ of foreyn Tobacco, to the offence of any of his maties Allyes: so is it good for this kingdom if the last price be ordered at the vttmost not to exceed 9s in the pound whereas now by retayle of small q they pa Subiect payes ordinarilie a third p̱t more. And in truth is hurtfull to none §b§ And it beeing a sup̱fluous com̄odity it can̄ot by any discreet or indifferent man but be thought a matter of high prudence in his Matie thus to order a sup̱fluitie to so good iust and hoble͠ endℯ
Mm each Alehousekeep̱ is to haue inserted in his licence that he sell no Tobago but such as he shall buy of him that is licensed to Retayle in that or the next p̱ish in pap̱rs sealed as aforesaid.
[Indorsed in the same hand:] A first Rough draught of a Proposic̃on con- cerning Tobacco wch afterward I del to my L: Thre'ar.
Q. But if you Reckon 2s bd gott vpon each po. of Tobago by bringing it into one hand why may not the Company gett this
Sol: In the course of the Contract if you allow 2s 6d vpon each po. ou9 and aboue the 2s 6d we pay for it & for Som̃er Ilandℯ yett all this and more is lost for then we saue by this first all Custome 2ly fraight 3lie the Kingℯ third p̱te. 4lie Salary 5lie expectation of or money 6lie and miserable dis- traction s 6lie and especiallie we shall saue not only the clamor but the livelihoodℯ and lif of the Planters and the life of the Plantac̃on
And for Virginia Tobago when it comes it may please his matie to take what course he please. but it were fitt that this p̱cell wch is the Whole cropp of the Som̃er Ilandℯ should be first sould least through want and discontent they should reuolt and then extreame Inconveniences would ensue. For His Matie should not only loose the strongest fort of Christen- dom, and place of singular importance to fasten his alliance wth the K. of Spaine in respect of their Neighbourhood to the W. Indies, but if they should reuolt to the Pyrattℯ they would as well infest his Matie as his Allyes: strength aduance the strength of the Pyrattℯ to and make them more fe to the destruction of §merchant &§ Merchandize wch is alrea at a low ebb already and so weak, that now a little addic̃on of discouragemt to what they had before would vtterly decay trade And lastly euen to the plantac̃on of Virginia the reuolt of these Ilandℯ would giue a deadlie and a fatall blow: Therefore speciall regard §should be had to§ to giue contentmt to these Ilandℯ: wch cañot be if the com̄odities they rayse may not vent as well or better then heretofore when they payed no custome nor Imposic̃on at all for if during that tyme they could not subsist wthout run̄ing in debt what will they doe now: But if they may haue the former Rates they w and alwayes a ready m̃kett as in the course formerlie pro- pounded then they will goe on wth chearefulnes and assurednes to this Crowne: And besidℯ his Matie may make as great or much greater yearelie proffitt then anie other way: But the S. Ilandℯ beeing a place of that Importance as to tendℯ to the safetye of this Kingdom and conduceth mainly [2] to the acquiering of a new that is to say of Virginia: It is to be cherished though wth §a great§ charge yearelie to his Matie as Calice & other forts that the Kingℯ of Engl̴ hold not wth a great yearelie expence and yet not of so great consequence as this: There This then being a Work of great seruice to the state farr be it from the state to reward the cheife Actors in the p̳ducing of this grea Worke wth taking their gane from them &c to a priuate hand
From the text printed in the American Historical Review, XXVII, pp. 757–759.
March (?), 1623Propositions considerable for the equall managinge of the Contract with his Majestie concerninge the sole importacion of Tobacco graunted to the twoe Companies of Virginia and the Sumer Islands.
First that the agentes whoe undertake the mannageinge of this busines and are to be payd for their labour, doe give good securitye to free the companyes and the goodes of every particuler adventurer from that Covenant with his Majestie for bringinge in of 80,000 weight of Varinus tobaccoe in three yeares inasmuch as not the companyes but themselves that underwright the Spanish stocke shall have the benefit thereof.
What satisfaction they will give to the Virginia Planters or to our Sumer Islandes Tenantes for their Tobaccoe, which they shall send or bringe hither for price and payment.
What ordinary rate they will impose upon the Sumer Islandes Tobaccoe for defrayinge the 25 C. li. salery and what rate in such accidentall cases as may fall out namely if noe Spanish tobacco (or but little) shall be brought in, or that the greatest part of Virginia shall be directed to other partes, or in case the Sumer Islandes tobacco when it cometh shall be all sould together, or the kinge's parte only, by the candle without anie charge or labour of theirs.
What order they will take to free the Adventurers of disbursments for custome fraight and publique charges before they take our goodes unto their possession.
What securitie they will give to performe the promisses and to give a just accompt of the sales and of the proceed thereof to his Majestie and to thadventurers, and when to make payment.
For that the contracte is but conditionally agreed upon in Courte to contynue if the proclamacion shall be published by Midsomer next, whoe shall (when the contracte fayleth) defray the great Rent of 160 l. per annum for the directors great house intended to be taken and the greate saleryes, howe and in what proporcion and howe shall his Majestie then have his due and every man his owne proper goodes delivered backe againe.
To explayne themselves whether out of 25 C. l. salery (whereof they say his Majestie is to pay a third parte) they meane to defray all charges or whether they intend to put to accompt over and above the Charges of Porters, Carrmen, Coopers, Wharfage Waiters, Searchers, suites of lawe, shrinckinge in weight, desperate debtes and such like.
As the greate quantitie and meane condicion of the Virginia and Sumer Islandes tobacco is not fittinge for the vent and expence of this kingdome, but for the most at easy rates must be exported, soe the greate enhance- ment of price by thirds taken out and excessive charges put upon will make it altogether unpossible to be exported and therefore to be con- sidred howe to cleare this difficulty soe that profitt may come to thadven- turers and Planters.
The sallery men for the most parte to be excepted against some of them for want of skill, some want of estate, some of them noe way interessed, and other contynually maynteyninge and raysinge quarrells and bitter contencions against sundry good Adventurers whose goodes must come to their handes and possession to be disposed, Against which sundry of the Adventurers doe protest asto men unfitt to mannage theis affayres.
[Indorsed:] The busines of Tobacco with the Virginia and Somer Ilandes companie.
From the text printed in the American Historical Review, XXVII, pp. 759–762.
March (?), 1623An Aunsweare to the Propositions exhibited to the Right Hon'ble the Lord High Treasuror of England for the equall menaginge of the Contract with his Majestie concerninge the sole Importation of Tobacco etc.
It is first to be observed, that the Contract hath beene ratified by Six Quarter Courts; vizt. three of each Companie: noe one man at the question declaring his dissent, save onely the Deputy, and that in the first Court onely.
It is also to be observed that the Raysers of troubles in the Courts namely Mr. Wrote and his abettors, though their pretences have beene agaynst the Sallaries and the mannor of Importacion of Spanish Tobacco: yet in the heate of their opposicions, their speeches and reasons have allwayes reflected upon the body of the Contract itselfe, which being contrarie to all order hath much distasted the Companies.
And it is nowe to be observed that these Propounders though their pretence in their wrighting be for the equall menaginge of the Contract, And although they have often in the courts very solemnly protested and vowed, that they were not against the Contract itselfe, yet when they came before the Lord Treasuror, they dismasked themselves, and unani- mously professed that they were against the very body of the contract: which sheweth, that these Articles can be noe other then Cavills, seeing their pretence is one way, and their intent another way.
And before wee come to the answering of the perticuler Articles, wee are inforced to take excepcions unto the manner of propounding them.
For it is necessarie to be knowne, that the Counsell, Comittees and Com- panies having first concluded on the Offices necessarie for the menaging of this Contract, as also of their rewardes by way of Sallarie (according to the fifte Article of the Contract): The Officers themselves were lastly chosen in both the Courts: and the burthen was imposed upon the chiefe of them, in a free and unanimous eleccion, contrary to their most earnest and often iterated desires.
It is also further to be knowne, that by reason of these troubles, both the chiefe Officers and divers of the Comittees having voluntarily surrendred their places, and greatly importuned the Courts, to accept of their Surrenders; yet the same have beene refused, and they continued in their offices, much contrary to their wills, and most earnest suits, whereas contrariwise these Articles are propounded in that manner, as though the Officers had bin ambitious of this imployment, and conse- quently were to undertake it with all indignities. Then which noething can be more untrue and unjust.
To the first Article it is answered, that the matter therein conteyned is allready regulated in the Quarter Courts of bothe the Companies. And that the Officers or Agents of the companies have noe more to doe in the bringing in of the Varinaes Tobacco, then any other perticuler member that liste to adventure his stock therein: By which order of the said Quarter Courts, it is declared that the perticuler Adventurers for the said Varinaes Tobacco are to bring in the proporcion expressed by the Contract: the Bodies of the Companies bearing a tenth part with them. But in case of any misfortune by losse of their Tobacco without the default of the said Adventurers, they are not to be farther charged also with restitucion or recompence: but the same is to rest upon the whole body of the Companies, and consequently to be answered out of the Companies publique Stocks: and if these should not suffice, then out of the Stocks of the Generall Adventurers returned from the Plantations, as heretofore in like cases had beene usually done.
In the second Article, the Question is likewise resolved by bothe the Quarter Courts; vizt. that generally the Adventurers and Planters, both for price and payment, are to goe in equall lines: Neither of which are to be ordered or concluded by the officers, but by the Generall Courts them- selves; the matter being first seriously debated and prepared by the Comittees. And in favour of the poorer sorte of Planters, there have beene divers other wayes devised and resolved upon, by the generall consent of bothe the Courts; both for the advancing of their prices, and expediting of their payments.
To the third Article it is answered, that it is grounded wholy upon errors. An error it is, to conceave that the rating of charges, is in the power of the Officers: being reserved (as all other important matters) to the Generall Courts. An error it is, to thinke, that the labour of the Officers, consisteth wholy or chiefly in the matter of Sale: the well men- aging of the Contract extending itselfe in the difficulties thereof to a much larger Compasse. And lastly it is an error and misinformacion, to say that the Salaries amount unto five and twenty hundred poundes: whereas they come but to Seaventeene hundred poundes. But to the matter itselfe of this article, the answere is not difficult. For the charges to be imposed wilbe lighter or heavier according to the proporcion greater or lesser of Tobacco to be brought in, and that with this comfort both to Adventurers and Planters that the greatnes of the quantity will diminishe the perticuler charge; and the smallnes of the quantity will enhance the generall price.
But whereas there is mencion made of the selling the Tobacco together, it is to be observed that the course thereof lately propounded, by these Objectors, is subject to Fraude and much wrong both to the Kinge and Companies: vizt. that certaine Undertakers, being members of the Companies, should rayse a greate Stock in money, to buy of all the Tobacco by way of whole Sale. For considering the courts in the vaca- cions are often times very thinne, and the Somer Ilandes Court by the Letters Pattents may consiste of Eighte persons onely: these Under- takers may easily attayne to be the greater parte of the Courts, and con- sequently may be both Buyers and Sellers at the same time. A feare not causeles, but grounded on former experience; whereby some of these Objectors have made themselves rich, by the great losse and detriment of the Adventurers and Companies.
To the 4th Article the answere is, that the Court have allready ordered that the Custome and freight shalbe discharged by the Officers, who are to be secured from damage by the goodes in their custody.
To the 5 article it is likewise answered that the Courts with Generall consent (onely one dissenting) have taken full order for security both of goodes and money: which orders have beene read before the Lord Treas- uror, and wee suppose they are more exquisite for caution on all sides, then are used in anie other Company whatsoever, as at the making of them was openly acknowledged. The perticularities whereof are to long to be here sett downe: but are ready to be shewen to any that shall desire to see them. Whereunto wee may add a strict oath, which is to be administred to all the Officers of what degree soever, for just and equall dealing, both in keeping, preserving, selling and accompting for the goodes; as also in making the paymnts at such time as they shall growe due wherein the Officers also from time to time are to be directed by the Courts.
To the Sixte Article, it is answered, that by vertue of the Contract, the Proclamation mencioned was presently to come forth. But upon mocion from the Lord Treasuror, the Companies have consented, that it may be forborne till the Twentith of June: at which time the Lord Treasurer hath promised that it shalbe published. Of the performance of whose promise, though the Propounder here seeme to make soe great doubt; yet the Companies will make none at all: and therefore hold it unfitt to follow the Propounders stepps any further; in which it seemeth that jealousy hath outrun their duety.
To the Seaventh it is answered that the Officers are to be accomptable for all charges, if five and twenty hundreth poundes will serve, the re- mayne is to be restored. If more be necessary, that which wants must agayne be leavied. That the Officers out of their owne estates, should beare those uncertaine burthens, of desperate debts, suits in lawe, shrink- age and the like, is soe farr not onely from Equitie, but from all ordinarie reason, that they hope the Propounders themselves upon better consider- acion will retract the Question.
To the Eighte Article it is answered, that the case of meane Tobacco is much more difficult without this Contract, then with or under it. For the Twelve pence on the pound amounted to much more then the vallue of one entire halfe, not onely of the meaner, but also of the middle sort thereof as experience hath shewed.
To the Ninth Article, which layeth aspersions on the Officers' persons, the Answere is plaine. The two chiefe Officers were chosen by the Ballat- ing box with 65 votes for them, and not above five against them. The Eighte Comittees were chosen by ereccion of handes out of the nomber of Sixteene, named by the Courts to stand for the places: In which nomber of Sixteene, were divers of these objectors. The Companies made choise of them whome by experience they knewe to love the Plantations, and were fitt for the diversity of imployments incident to this busines: some of them being Merchantes, some Retaylors, some skilful in the Portes, and others such as by long continuance and attendance in the Courtes, were skilfull in the affaires of the Companies and Plantacions and withall large Adventurers. Of which Eighte, six have beene yearely chosen Comittees and Assistants for these Three yeares last past; neither any just excepcion can be taken to any of them by mindes unpossessed with partiallity or mallice, neither are the companies to be blamed in this or other their eleccions, if they have rather made choise to entrust their Goodes in the hands of men untainted for integritie and honesty, then in theires, whose wisdome hath beene for their owne perticular benefitt, who in their former menagements of Tobacco have reduced Seaven thow- sand poundes sterling to Fower thowsand poundes, and who never yet gave up any faire account of the Companie's goodes.
[Indorsed:] Aunsweare to certen Propositions exhibited to the Lord Treasuror concerning the Contract.
A copy in the same hand as CCCIV.
March or April (?), 1623
To the Worll͠ Doctour Wynston
Sr
It was my promise to write, as I remember, and you desire to heare from me, I perswade my selfe you thinke I will not dissemble, and I protest you are in the right: Now for true newes thus it is, the Indians are drawne of as farre, as a man can hurle a stone at twice, I make no question, but when the leaves are greene, they wilbee somewhat nearer, and now forsooth they would faine have peace, Conditionallie, that they may haue their Corne at Kiskiek, and Pamaunkok, that is Just at our backℯ, and when their Corne is readie, haue at yor bucklers you braue §Cow—§ Englishmen. I was with the Goũnour at James Cittie, and told both him, and the Councell that I came not ou9 to plant Tobacco, neither for my owne endℯ, although the Companie was at no Cost with me, but onelie bare passage, neither was I beholding to them for ought but love, yet if they pleased to accept of my seruice I would by the helpe of God, and a few handℯ make them wearie of their lyues; this was well taken, and eu9ie one was perswaded I would bee as much or more then my word, presentlie ther was a warrant sent vp for men, and another downe, and all I demaunded was but 40, viz̃t 30 small shott, and 10 men to secure the Boatℯ, but I feare now the Deuill is the hinderer, for this Caveat is put in, that if theis men should be slayne then the whole state were ou9thrown this Councell I doubt cometh from the right worthie Statesman, for his owne profit Sr George. for he well knoweth, that the Councell Careth not for him by reason of some foule matters, and now to salue vp that sore he will perhaps take the paynes to burne a few of their houses, eu9ie yeare like a Surgion, that wanteth meanes, to keepe one in hand 3 yeares, that maybee Cured in 3 quarters, or 3 monethes: Now I pray you Sr for my good will in sending you the truth, let me not haue blame by yor showing of yt. But you may p̱haps say what will you write that you dare not Answear? Sr I dare avouch it to his face that dares Contrarie it, on equall Tearmes, but here you know a man may not, for hee is a Councellor and I a private man, so when God shall send me home againe, say not but I was readie and wilbe still for my King and Countries good. I rest:
you may let Sr Jo: Brookes see it for he is also my deare ffreind. 1
Written lengthwise in the margin.
yors
William Capps. 1623
[2] I pray you aske Capt: Butlers opynion of this matter, if you misdoubt
myne, I could beleiue, if I thought it were possible for so wise a man
to bee blinded, as I know our Gou9nour is, that Sr George had throwne a
mist before his eyes, but I dare beleiue and say of him; behold an Israelite
in whom is no guile, verilie wee were farely blest, and you haue obtayned
by him yor desire, wch was that you might have a man to gou9ne like a
Moyses, accepting no person, nor profit. Now Sr her'es another Deuill,
you know amongst most men the old Prou9b is, Charitye first beginnes at
home, take away one of my men, there's 2000. Plantℯ gone, thatℯ 500
waight of Tobacco, yea and what shall this man doe, runne after the
Indians? soft, I haue p̱haps 10, perhaps 15, perhaps 20 men and am able
to secure my owne Plantac̃on; how will they doe that are fewer? let them
first be Crusht alitle, and then perhaps they will themselues make vp the
Nomber for their owne safetie. Theis I doubt are the Cogitac̃ons of some
of our worthier men, If ther bee anie such, I would God had their soules,
and I their meanes. As I live if I had but men of my owne, I would never
aske their helpe to destroye their Enimies. But how haue I behaued my
selfe that might haue had offices, and furtherance in my office by my Lord,
by Sr Thomas Gates, and Sr Thomas Dale, and alwaies refused it, by
reason that was but to secure men that were to worke, at home? but God
forgiue me I thinke the last massacre killed all our Countrie, besidℯ them
they killed, they burst the heart of all the rest. Nowe I protest if this will
not take effect, but that wee shall haue peace, I will forsweare eu9 bending
my mind for publique good, and betake me to my owne [3] profit with
some halfe a score men of my owne, and liue rooteinge in the earth like a
hog, and reckon Tobacco ad vnguem by hundrethes, and quarters, and
serue my owne turne on the Countrye, as other men doe, and when wee
Come into England, wee'le tell what Actℯ wee haue done, in ventureing
our lyues for smoke, like a Companie of Shepbeters as wee are Swoondℯ
I Could Teare myselfe to see what weatherbeaten Crowes wee are, to suffer
the Heathen kennell of doggℯ to indent with us in this order. Vale
[Addressed:] To the worll͠ Doctor Winston at his house in Bishopsgate
streete london theis from Virginia.
[Indorsed:]
1
By Sir Nathaniel Rich.
Wyll͠m Capps to Doctor Wynston from Virgin. 1623
80000 | 0 | 40000 | |
2 | 0 | ||
As I conseave there maie bee spent in England in a yeer 400,000ɫ of Tobacca in a yeer wch if his matie shall tack in to his handℯ all & mack a surtyn p̳fett if yett it & gayne but 18d §3s§ p̱ɫ it may amount to [sic] | 60000ɫ | p̱ an̄ | |
As I conseave there may bee spent 800,000ɫ of pep̱ a yeer wch if his matie will tack in to his handℯ all the pep̱ as the king of portugal ded & tack in 18d p̱ɫ & sell it for 2s 6d p̱ɫ it would [amount to] | 40,000ɫ | 0 | |
this is a 100,000 | |||
these 2 thingℯ Tobacca & pep̱ being thus setled vpon the king for tearme of his liffe & by granting of this hee would ley downe all other Imposyons Imposytions macking all Imported com̄odyties whatsoeuer to pay but subsidy according to poundadg it as §france§ wyne the sub̴ is but 3s butt mack that 10s §8s§ & all other wynnes 10s p but as poundadg as it cost or at 8s p̱ tunne §but or pipe &§ franch & 8s p̱ but or pip of other wynes it will advance much his maties revenues, it would much increase his custome & geve great content to his people that this may be worth | 20,000 | 0 |
By the Governor and Capt generall of Virginia
In consideration of Gods most mercifull deliu9ance of so many in this Cuntrie of Virginia from the treachery of the Indianℯ on the 22th day of March last: The Gouernor wth the advice of the Counsell of State hath thought it very fitt, that the 22th day of March both this p̢sent yeare and for euer hereafter (in memory of that great p̢servation) be in this Cuntrie celebrated Holy: And therefore doth straightly charg and Comand, Capt Will͠m Tuckar, that he, and all other that are any way vndr his charge, do keep that day holy, spending the same in prayer thanksgiveing to God, and other holy exercises; not suffering any of them to worke, as he will answer the contrary at his perill. Given at James Cittie the 4th day of March 1622.
A warrant for Keepinge Holy the 22th of March.
The like (mutatis mutandis) to the Comander of each Plantation.
Francis Wyatt.
[The order of the Privy Council concerning importations from Virginia, March 4, 1622/3, is printed in the Acts of the Privy Council, Colonial, I, pp. 57–58, and in Records of the Virginia Company, II, pp. 321–322.]
5th Marche 1622 in Virginia
Right Worll͠ this is to lett yow vnderstand that I am in a most miserable and pittiful Case both for want of meat and want of cloathes for we had meale and p̳uision for twenty and there is ten dead, and yett our prouision will not laste till the Seaflower come in, for those seruantℯ that were there before vs were allmost Pined, and then they fell to feedinge soe hard of our prouision that itt killed them that were ould Virginians as fast, as the scurvie & bloody fluxe did kill vs new Virginians: for they were in such a Case by reason of the murder done all ouer the land that they Could not plant anythinge att all, and att euerie Plantac̃on all of them for the most part were slaine and theyr howses & goodℯ burnt. some, the Indians kept aliue and tooke them awaie wth them, and nowe theise two Indians that they haue taken doe tell vs that the Indians haue 15 aliue wth them thus through theyr Roguery the land is ruinated and spoyled, and itt will not bee soe stronge againe not this 12 yeares, for att our Plantac̃on of seauenscore, there was butt 22 lefte aliue, and of all theyr houses there is butt 2 lefte and a peece of a Church, and our master doth saye that 3000 poundℯ will not make good our Plantac̃on againe, And the Mar- chauntℯ lost by itt the last yeare, and they can gett little or nothinge this yeare, ffor we must plant butt a little Tobago, butt all corne for breade, and when we haue done yf the Rogues come and Cutt itt from vs as they haue sent all the Plantac̃ons word that they will haue a bout wth them, and then we shall quite be starued, ffor is itt not a poore Case when a pinte of meale must serue a man 3 dayes as I haue seene itt since I came Wherefore my humble request is that I maye be freed out of this Egipt, or els that itt would please yow to send ouer some beife & some Cheese and butter, or any eatinge victuallℯ will bee good tradinge and I will send you all that I make of itt onely I would intreat the gaine to redeeme me, or yf yow please to speake to the rest of the Parishioners, that a smale gather- inge maye be made to send me theise thingℯ or els to redeeme me sodanly for I am almost pined and I want Clothes for truely I haue but one shirt one Ragged one & one payer of hose, one payer of shoes one suite of Cloothes soe that I am like to Perish for want of succor & releife, Therefore I bee- seech yow and most humblie intreat & entyrely att yor mercifull handℯ (not wth Pharoes brother §buttler§ to forgett me, as he did forgett Joseph in the Prison) butt I intreat yow to vse the wordℯ of god Jeremieh in his 31 Chapter and the 10 verse where he sayeth I haue suerly heard Ephrahim bemoaninge himselfe, euen soe yow maye see me bemoaninge myselfe, wherefore I intreat yow to follow his wordℯ in the latter ende of the 20th verse of the same Chapter (that is) I will suerly haue mercye vppon him sayeth the lord; Soe I beseech yow to haue mercy vppon me, remembringe what Sallomon sayeth in the 35th Chapter of Ecclesiasticus and the 20 verse, that mercy is seasonable in the tyme of afliction affliction & §as§ Cloudes of Rayne in the tyme of drought soe now mercie is seasonable to me att this tyme I neede not sett downe the wordℯ of Sallomon in the 37 of Ecclesiasticus and the 6th verse because the lord hath endued yor hart wth many of those blessingℯ And thus I comitt yow into the handℯ of allmightie god and intreat yow to helpe me soe suddaynely as yow Can Soe vale in Christo
Yor poore seruant to Comaund
Richard Ffrethorne [sic]
[Indorsed:
1
In a contemporary hand.
] Coppie of a ɫre written to Mr Bateman from Virginia the 5th of March 1622 from Richard ffreethorne.At a Court held for Virginia and the Somer Islands on Friday the –7– of March 1622. There being present the nomber of –80– Persons.
Whereas in reading the court held the ffifth of this present moneth, there was observed an omission in my reeding Lo: Cavendishis report of part of my Lo: Treasurors speech at Counsell Table touching Mr Aldran Johnson, namely that after the Lo: Treasuror had given a very Noble testimony before the Lords of the good cariage of the busines of the Plan- tation for these ffouer yeares last past (whereby his Lop said it had thriven & prospered beyond beliefe & allmost miraculously) The Lo: Treasuror added further, that in the former yeares, 1
Another copy in the Ferrar papers, the one from which the facsimile opposite p. 320 of Records of the Virginia Company, Vol. II., was made, reads at this point: "in the former yeares when Sr Tho. Smith was Trer and Mr Alderman Johnson Deputy the buissnes was caried Lewdly, and that if they should be called to an Account for it, his estate and some others would not aunswer it. wob wordℯ many then p̢sent did well remember they heard my Lo Trer speake them, Yt was therefore earnestly desired," etc. See also pp. 319, 320, ibid.
when Aldran Johnson was a deputy, and the busniss was in other hands, it was a varidd scandlit [scant measure]: for that if they should be called to an Account for it, their estates would not answer it. Which words divers did well remember they heard that my Lo: Treasuror spake them at that time, and earnestly desired they might not be omitted. Whereuppon it being putt to ye question, it was by plurallity of handes agreed & ordered, that these words of my Lo: Treasuroer unto Mr Aldran Johnson having been omitted in my Lo: Cavendishe's report should be now added in their said place in the shyre CortEd: Collingwood Secra
This entire manuscript is cancelled by diagonal lines crossing every page. It is therefore printed between square brackets.
March 17, 1622/3[An extraordinary Court held for the Sumer Ilandes on Monday in the afternoone the 17 of March 1622. Present.
This Cort being appointed by the mornings Cort held in the ffornoone §pur- posely§ for the examining of the Grievances of the Inhabitantℯ of in the Sum̄er Ilandes; the ffirst Article §thereof§ was read being this wch followeth viztt
Wch Article Sr Edwin Sandis says consisted of Two Branches; they The first, that they haue beene scanted in the nomber of their Ministers. And the second, that the nomber that haue beene sent, haue beene scanted in their entertaynemt. ffor the ffirst ffor answeare to the ffirst branch thereof, he conceaued this to be most meete; (vizt) That the Comp̃ haue diuers yeares since erected ffoure Personagℯ §there§ (the Iland conteyning not aboue 13000 Acres of Ground) wth sufficient meanes to entertayne ffoure able & Learned Ministers; and that they haue from time to time supplyed the Collony wth sufficient suff Ministers, but the Comp̃ hath not beene fortunate therein §some of them being dead & other some going away from hence§; And then as Namely Mr Bridgℯ Mr Lang Mr Reynes &c. And that this Last yeare, the Comp̃ hath sent ffoure able Ministers wth sufficient & competent allowance; one of wch it hath pleased God to take out of this world. So that wthin wthin [1b] these Three yeares Last past the Company hath sent well and sufficiently prouided & fur- nished wth all necessaryes the nomber of §at least§ Seauen Ministers.
Times must be distinguished * * * theise gre- vances and * * * lay that vpon the * * * wch was done longe agoe and now re- drestd
As the Peopell increased Soe the nomber of Minis- ters are increased
Times must be dis- tinguished when these things are don doune
And for answere to the second part thereof, he sayd it was playne (viztt) that the Comp̃ hathe allotted to euery Minister 50 Acres of Gleabland & besidℯ they haue appointed & ordered that after §the Land shalbe planted§ there shalbe apportioned to them out of the fruitℯ of the earth & cattle a certaine portion growing & renewing wthin their seuerall parishes a certayne portion by way of charge vpon euery Share or ffarme; so as to make vp each Ministers entertaynemt in yt Kinde, to ye value of 100ɫ a yeare or thereabout; [x x x haue lacke of food as more at large appeareth:]
And in ye meane time, the Comp̃ hath allotted them at their owne charge to each Minister two Teñntℯ to plant & manure the s̃d Gleabland to their best proffitt & advantage; And further that the Comp̃ haue allwayes beene from time to time at the whole & sole cost & charge for their trans- portac̃on ye transporting & furnishing of them §out§ wth tooles & other all other necessaryes whatsoeuer.
Wch answere the Cort did well approue of & generally agreed vnto.
[2a] Next was read the Second Article wch is as followeth wch Article Sr Edwin Sandys said (in his opinion) was adiudged 1
Two words in John Ferrar's hand.
concerned Mr Edwardℯ, out of whose Accounts it must be gathered what Imposi- tions he hath receaued §aswell from the Planters Tobacco as ye Com- panies§ & to sett downe so full & perfect Account §in euery perticuler ffor§ for he sayd it seemed strange vnto him that §in ye s̃d Article§ they should make soe great a distinction in 3000ɫ as to say 2 or 3000ɫ hath beene Leauyed ∥ vpon there tobacko 2John Ferrar's hand.
∥ but that he held it requisite that it should haue had beene made more playne & the iust some specifyed of the Leauyes that haue been raysed, & therefore thought it fitt, that Mr Edwardℯ should be called to an Account; for it seemes that the Com- pany hath not pursed it, because they are growne so farr in dett. wch course the Court did well approue & of, & desired that Mr Edwardℯ might a bring a true & perfect account of all such imposic̃ons as he hath receaeud.Ane Artickle leu- ied strange out
Next was read the Third Article, being this here following vizt
wch being read, some conceaued that their Complaint in this Article is §to be§ is for being restrayned §& debared§ of their liberty & freedome contrary to the Lawes of England & his Matℯ ɫres Pattentℯ graunted vnto the Company.
But §to this§ Sr Edwin Sandis answered made answere, that for the Gennerallity the Comp̃ hath ordered & established a forme of Gouernemt to runn according to the [2b] lawes of England & his Matℯ L̃res Pattentℯ; as in their printed booke of Lawes app may appeare.
But for these perticulers, he sayd, he could wish that the Planters might be examined about them; As for §ye first§ to hang a man for the stealing of a peece of cheese §& nothing else§ he thought it, the most hideous & vniust thing in the world. And soe likewise for the second done in §the time of § Capt Tuckers governemt, his desire opinion was, that the Planters might should likewise be examined. But for the Third perticuler con- cerning one Stephen Paynter he sayd, that although the two former grievances concerned §touched§ not the Comp̃, yet this implyes them some, yet it being done by §vertue of§ the Companies direction direcc̃on & appointmt as by an order in the Cort booke then read may §might§ appeare, & as he conceaued with good iustice, according to iustice & equity; (as by an order of Cort then read might appeare) making this instance §yt§ if a man should breake a mans pondℯ & lett out all his ffishe, should he be onely Compelled to make satisfacc̃on & recompence for ye damage done; yes, he should likewise receaue haue some kinde of bodily punishmt inflicted vpon him for the vniust act it selfe.
It being done long since & he hear- ing none he the Comp̃a neuer hear- ing ye circum- stance of it.
These things be- ing done wthout ye Companies or- der or knowledge.
Sr Edw. Sandis speech for an- swere to this grievance to be here entred.
[3a] After this Mr Edward presented Three warr in Cort vnto Mr. Deputy §Three warr̃§ saying, that there was §were§ all that was in his handℯ; and if the Comp̃ did want any other, they were to demaund them of Mr Webb.
This done the 5 Article was read (viztt)
vnto wch Mr John ffarrer §Deputy§ answered, that true it was, that at what rates or prices what soeuer the goodℯ of their Magazine was sold for §there§ they neuer receaued penny proffitt as yett, nor scare their Principall.
Mr Edwardℯ sayd that not long since he sent a little Magazine to the Ilandℯ, & yt some told him
Mr E It was §being§ demaunded §likewise§ of the Comp̃, whither any of them did euer rate their Tobacco at ijs vjd̴ a pound, it was generally denyed; diuers affirming that they neuer made 20d̴ a pound of it here in England. And Mr Palmer sayd that he had §hauing§ asmuch Tobacco as stood him in xvjɫ, he protested he neuer made §of it§ xvjtℯɫ of it
In the end, this is for answere to this Article, it was agreed that this should be made §this was agreed vnto, that for rating§ of the Tobacco the Compa neuer did and that for the rate of 2s 6d the [3b] pound, they neuer made halfe the money of it. & §yt§ for the goodℯ they sent hither they neuer had any returnes back againe of scarce their Principall and the price of Tobacco for ready mony is but 12d̴ or 18d the best in ye Ilandℯ
Next was read the 6 Art vizt
wch Article was adiudged to be a dishonest accusac̃on: & that it is an impossibility to tax the Compa therewith wthout they canne shewe that euer the Compa made any such order; for will any man make the sonne paye the ffathers debt, if he leaues nothing wherewith to pay it, that was conceaued the a most vnconscionable thing: and for what serues the Gouernor there, but to see the children of the deceased educated & brought vp in convenient education & Liuing for food, apparell, & all other necessaryes whatsoeuer? and therefore this was adiudged by the mr generally by ye whole Cort to be a most vniust accusac̃on against the Company.
Mr. Spurrowe sayd, that he hath §hauing§ a freind there in the Ilandℯ, §he§ who saith; he will not lett his child come from thence, it is * * * 1
So well (?).
educated & brought vp from for noe good, it ben §because it§ is soe well brought vp & educated, hauing §and hath§ all things fitting & necessary.At
[4a] [several lines blank]
The next Article
Next was read the 4th Article, viztt
wch done, Mr Meuerrell sayd, that the Bayliffs office & duety was, to haue performed & executed the busines they that they should haue beene appointed to haue done: and for their labours §& paynes therein§ they was to receaue the Thirtithe of part of Tobacco: But they hauing not performed their place & office, he conceaued wch they hauing not done; he conceaued that that Article touched not ye Compa in ye least respect.
Sr Edw: Sandis s̄d it was true that the Bayliffs &c.
[4b] Mr Robertℯ said, that the alterac̃on of the Bayliffℯ office came from themselues, for that they did not performe their busines as they ought to haue done: & §that sayd that§ when the Compa did send them notice of it, they writt back * * * agayne §vnto them§ that they would serue Gratis, onely to haue the bare name of a Bayliff.
At length it was agreed & ordered that the Compa books should be examined §to see§ by what authority this Dutton was sent ouer to the Sum̄er Ilandℯ, & what agreemt was made wth him, & vpon what ground his allowance was taken from him.
Next was read this Article (viztt)
wch done, Sr Edw. Sandis sayd that §heretofore§ there was such a Propo- sic̃on §made§ to that effect; but it was neuer putt in execuc̃on; for the Company did much complayne thereof, vtterly disliking it, & would by noe meanes agree therevnto.
Mr Scott sayd, that he hath §had§ made certen couenantℯ & agreemtℯ wth his Tenantℯ in the Ilandℯ; notwthstanding he gaue them leaue to barter & sell their Comodityes as they could would themselues: And §But§ sayd likewise that he conceaued it was reason, that their Tenantℯ there should send & consigne ouer their goodℯ ouer vnto them vntill their sat they were satisfyed & repayd backe againe the charges that they were att for the transporting & sending of them ouer.
At length it was desired that the Cort would appoint some to drawe vp an answere, & that a coppy thereof might be sent to ye. Ilandℯ Where- vpon the Cort nominated Mr Deputy & Mr Hobbs who are desired to drawe it vp & present it to the Cort.]
[Indorsed (By J. D.):] Summer Ilandℯ Courte ye 17th of March 1622.
Another copy is No. 6178 of Lord Sackville's manuscripts at Knole Park, and is printed under the heading "Proposals of Sir Nathaniel Rich," in the American Historical Review, XXVII pp. 752–754.
Document in Public Record Office, London List of Records No. 411aA Proposic̃on for aduancemt of His Maties proffitt and good of the Plan- tac̃ons of Virginia and the Sum̃er Ilandℯ by setling the trade of Tobacco, wch is the comoditie by wch they now cheifelie subsist. 2
In the hand of Sir Nathaniel Rich.
Ffirst the Plantac̃ons subsisting as yet by this Comoditie of Tobacco it is necessarie that some Prouision be made that the sale and vent thereof may be contynewed, and that the price may be kept vp at some such proportionable Rate as may yeald the Aduenturers and Planters reason- able proffitt
And as it is necessarie for the good of the Plantac̃ons so likewise His Maties proffitt is carefullie to be regarded, whose casuall Reuenew by this Com̃od- itie hath ben increased at least to 8 or 10 thowsand pounds p̱ An9: and may hereafter be much more: But if some tymelie Prouision be not made both his Maties Reuenew wilbe lost, and the Plantac̃ons (especiallie that of the Som̃er Ilandℯ) in danger to be vtterlie ruyned, for
The Quantitie of Tobacco (by reason of the late excessiue planting thereof in the West Indies and in the new Plantac̃ons of Guiana and Brasil) is like to be so great that all these parts of Christendom wilbe glutted with it, and the price of Tobacco brought so lowe that in proba- bilitie it will not be worth so much a pound as His Matie hath now for Custome.
The Tobacco of those Countries, though not in wholesomnes yet in strength and tast and estimac̃on doth so farr excell ours of the English Plantac̃ons that if in His Maties dominions we can not find sale for it, our Tobacco will yeald nothing at all.
Therefore for the setling be and aduancemt both of His Maties yearelie Reuenew and the good of the Plantac̃ons in Virginia and the Som̃er Ilands (wch are amongst many others most memorable works of His Maties happie gouermt) It is propounded That as the French King hath the Gabell of Salt in France: and the K: of Spaine the sole Merchandize both of Pepper and euen of this particular com̃oditye of Tobacco in Spayne: So it would please his most Excellent Matie our Soueraigne to take the sole preemption of all the Tobacco of the English Plantations in Virginia and the S: Ilands: allowing the Aduenturers and Planters §within some conuenient tyme after they shall delyuer it at ye Port of London § 2s a pound for the worser sort (so yt it be merchantable) 2s 6d for the middle sort, and 3s a po: for the best: cleare of charge of fraight, Custome and Impost: only the Ad- uenturers and Planters to [beare] delyuer theyr when it sh This will giue full and uniuersall content to the Planters and Aduenturers, who must needs acknowledge it a worke of great grace and princely wisedom in his Matie so to prouide for them that they shalbe in better case then euer they we[re.]
[2] And for securing His Maties yearelie b proffitt it may be managed that
*Some able men may be conferrd wthall who will become the Kingℯ Mer- chantℯ for this Com̃oditie and allow his Matie double the proporc̃on wch His Matie payes to for this Tobacco: so that the quantitie thereof exceed not 400 thowsand weight, wch is as much as the Plantations wilbe able to affoord, and these Kingdomes of England and Ireland vsuallie vent. Thus will His Maties Reuenew by this Com̃oditie be raysed to fortie if not fiftie thowsand pounds p̱ Añ certaine and his Matie not one penny out of purse:
*] Or if Mer- chants will not take so great a bargaine then may it be man- aged by some Com̃issioners wholy for his Maties benefitt wch will much in- crease his the kings proffitt.
And for incouragement of these m̃chauntℯ it is propounded that they may haue the sole power to licence the Retayling of this com̃odity: And then for their owne securitie they may agree wth a convenient nomber in euery Citie, Towne, and §greate§ p̱ishe to buy from of their handℯ yearelie a proporc̃on of this Tobacco, at such Rates as the saied m̃chants may be reasonable gayners, and such quantities as the m̃chants shalbe sure to haue the whole com̃oditie taken from them and dispersed into many handℯ, and this is very feasible fro[m] for if none may §sell or§ retaile §Tobacco§ but such as shalbe licensed by the Kingℯ m̃chantℯ they will find rather too many then too few that will in this kind deale wth them.
By this meanes the Kingℯ Proffitt is highlie increased. It is §And§ §2ly§
His Matie euen in that respect (besidℯ his owne gracious disposition) deepelie ingaged in the welfare and Prosperitie of those Plantac̃ons that already euen by one Com̃oditye affoord him as greate or phaps greater yearelie proffitt then all his Reuenew both certayn and Casuall in the Kingdom of Ireland doth come vnto wch yet is a potent and fruitefull Countrey §so large a Reuenew§.
In this course His Matie shall not need to inhibitt the importac̃on of Spanish Tobacco, or by inhibiting th' importac̃on of forrey[n] Tobacco, for if §also auoyd so much as a colourable occasion of giuing offence to His Maties Allyes abroad§
The excesseue stealing in of §forreyn§ Tobacco into this Kingdom wilbe §hereby§ auoyded and the charge of strict search for it in the Portes saued, for euery Retaylor will in his case be an Informer because it will hinder his both his owne and his fellowes proffitt: And for their better incouragemt they may haue the Moyetie of all such Tobacco as they shall discouer to be brought in and acquired by fraud §in any other sort then as is formerlie propounded.
It wilbe§l§ §tend to the general§ §generally§ good §o§for this kingdom both by restrayning thexcessiue expence of Bullion wch was wont to be wasted layed out in forreyne p̱tes for [3] this comoditie to the great dimi- nuc̃on of the Treasure of this kingdom 2ly it will §And secondly by§ mayntein §ing§ a trade and com̃erce betweene theis kingdoms and those new acquired Countreyes of Virginia and the S. Ilandℯ and that wthout money, whereby the Natiue Com̃odities wilbe better vented §wch is a thing of singuler note and consequence worthy of obseruac̃on§ for we retourne not money but or owne Natiue Com̃odities of Cloth §wollen stuffes§ Tyn̄ Lead §Leather§ &c for the goodℯ wch we receaue from thence. And thirdlie by regulating the g this way of managing the sale of Tobacco if it be ordered so, that the last price of the best Tobacco exceed not ten or xj shillingℯ will as it very well may then hath doth the Subiect buy it at a better rate then euer he hath done heretofore. And so in that case §hath§ no cause to complayne.
Thus §Lastly it§ doth not §Lastly§ the propounder of this course who §prayes it may be considered that he§ onlie aymes here at publick good as may appeare by all the wayes and reasons alleadged an professing that he sees no wrong or Inconvenience that can happen to any man b hereby. But conceaues that this beeng §but§ a sup̱fluous weed and fitt to be regu- lated all discreet and indifferent men wilbe so farr from excepting against it as they will rather thinke it a matter of high §great grace &§ prudence in his Matie thus §to preuent the former mischeefes &§ to order a sup̱fluitie to so good iust and hoble ends and publick endℯ at wch the Com̃ons house of plmt did ayme when in their last convenc̃on they concluded to petic̃on his Matie that the sole Importacon of Tobacco might be restrayned to the s̃d 2 Companies of Virginia and the S. Islandℯ.
[Indorsed 1
In the same hand as the text.
:] An Ouerture concerning Tobacco: by Sr N.R: 20 M̃che 20.1622 he only yett hath intimated the same to the E. of War. L. Threas. L. Avon. Sr S. Arg.
400 | |
5 | |
400000 | 20000 |
2 |
The date given in Sainsbury is March 20, 1623/4. On the manuscript, the date is indorsed in the same hand as the document, March 20, 1622, and in another later hand March 20, 1623. Another copy, without date, is No. 6163 of Lord Sackville's manuscripts at Knole Park, and is printed, under the heading "Argument against the Contract," in the American Historical Review, XXVII, pp. 754–757.
Sund §r§y Reasons against the Contract and Joynt stocke for the Virginia and summer Islandℯ Tobacco.
The Contract besides Custome and charges is to yeald his matie one third part of the goodℯ in kind, wch third part (by reason the Condic̃on of this yeares Tobacco falles out to bee meane and littleworth) will disappoint his matie in point of profit And the other two thirdℯ being of like bad Condition (all charges deducted) there wilbee litle or nothing remayneing for the Adventurers and Planters
The greate quantitie and meane Condition of the Virginia and summer Islandℯ Tobacco is such as for the most parte it must bee exported at easie rates into Turkie Barbarie and other forreine partℯ Which by the charge of this Contract is impossible without great damage and losse to the owners.
The heauie charge laid vpon Tobacco by this Contract will occasion the transportac̃on thereof from the Plantac̃ons into forreine partℯ and not into Englande, whereby his matie wilbe a great looser and the Companie much damnified nay it is to bee feared that the people in the summer Islandℯ will growe altogeather idle haueing nothing else to raise profit by and then povertie and want may driue them to revolte and so his matie loose the strongest knowne forte in §the§ Christiandome world tending both to the safetie of this kingdome and acquisition of that other of Vir- ginia to the wch it serues instead of an impregnable forte
No such Contract as this can bee made but by the Joynt Consent of all the Adventurers and Planters whereof not one of ten haue giuen their [2] Consent and manie of those that consented conceiued themselues inforct vnto it but being since better acquainted with his matℯ most free and gracious intenc̃on doe now humblie declare their disassent therevnto conceiveing that this Contract cannot be proceeded in without extreame Iniustice and forfeiture of our Charters by wch wee are to governe our affaires according to the Lawes of England that doe not allow the good Subiect to bee dispossessed of his goodℯ without his Consent And wee doe humblie pray that the Act of a fewe and such as are least interessed in point of charge, and therefore doe not feele the waight of the burthen wch they lay vpon other men may not preiudice the whole Companie.
The rate for exporteing of people to the Plantation was wont to bee fiue or sixe pound a head to bee paid in Tobacco but by this Contract the rate will growe to bee ten or twelue pound at least; the owners forecasting that the Tobacco wch they shall take for freight of the Passengers wilbee more then twice dearer vnto them §then§ in former times And soe by that meanes will extreamelie hinder the Peopleing of the Plantations when passengers cannot but at such extreame rates bee transported thither
The sole importac̃on of Spanish Tobacco is a part and cheife Considera- tion of this Contract by which importac̃on not the Companies but priuate men that make the stocke shall receiue the benifit; And therefore [3] noe cause why in that respect the goodℯ of the Adventurers and Planters should bee charged by this contracte.
It is a thing of great daunger and hazard for particuler mens estates to bee ingaged to his Matie by the seales of the Companie for the per- formance of so great a Contract wch may breede questions and lie as a perpetuall charge and Incumbrance vpon the persons goodℯ and landℯ of them and their heyres that are free of the said Companies yea although they neuer receiued one pennie benifit by their freedome.
A single Planter doth raise at the most but 30 pound wight of To- bacco in the Summer Islandℯ in one yeare for his owne part whereof one third by the Contract is to goe to his nother third imatie, an ordinarie charges besides Salary, and so restℯ scarce ten pound wight to the poore Labourer not worth in all aboue one pound fiue shillings for his whole yeares paines and euen out of this 25s being the labour of the whole yeare hee is by the Contract to allowe double salarie wch may take away all the rest and leaue him nothing at all; And the Adventurers are in the same case soe as appareantlie the plantac̃on wilbee ouerthrowne if this Contract doe proceede.
Neither Will the monopolizeing of Tobacco into one hand anie waies better this bargaine but rather make it worse for
If by that meanes they suppose to raise the price and to sell it dearer that wilbe the next way to cause such an importac̃on by stealth (as was seene in peppar when the like course was taken) as that owr Tobacco will lie vnvented till it rott and perish, and the charge of keepeing §the§ Portℯ to prevent it wilbee in likelihood more then the goodℯ are Worth.
It were a dangerous President and neuer heard of that pluralitie of voices should conclude the goodℯ of other men without their Consent to bee put into a Joynt stocke at the comeing home of the shipp whereas the Aduenture outward was by particuler men not in Joynt stocke wch if it shalbee admitted to take place wilbee the vtter ruyne and destruction of all trade and Commerce.
It occasions a straunge charge of a yearelie stipend or off Salarie to Officers to mannage this Joynt stocke wch the Companies are not able to beare and yet by votes of such as are least interessed and of those men themselues who are to receiue it, was caried by pluralitie of voices.
By this meanes his matie wilbee charged with 8 or 900li per Anñ cer- taine for his third part of this salarie and how much more Wee know not so that perhaps his matie charge wilbee more then his whole third part of this meane Tobacco will come vnto.
It hinders the poore people from trucking away their Tobacco for Comodities by wch heretofore they haue releiued themselues and made a greater benifit then euer they could doe by selling for readie money.
It bereaues both Planters and Owners of present meanes to supplie their shares seeing they must attend the sale and Accompt of the Joynt stocke. It subjectℯ them to great hazard by ill debtℯ
It involues them in intricate Accomptℯ and is like to occasion infinite suitℯ and Contenc̃ons and will breede much cõnfusion in the sale of their goodℯ for in this Comoditie one mans parcell of Tobacco is much better then another and either it must bee sold with theires of lesse value and soe a losse to the Owner and generall discouragement to make their To- bacco good or else if euerie mans bee kept apart wee must rest [5] vpon the good will of the Agentℯ when this or that mans parcell shalbee sold.
The experience of the losses and inconveniences wch haue growne by all other Joynt stockes is sufficient to deterre men from this course and wee hope his Matie will not permit that anie man should §all§ bee forced to it whether hee will or noe.
Wee conceive this buisines wilbee better mannaged if it will please his matie to limit the Importac̃on of Spanish Tobacco to a reasonable propor- c̃on as alreadie he hath done and to graunt the farme thereof to whom his matie shall please for his owne best benifit And then (reserueing onelie that proportion of Spanish Tobacco) to inhibite the importac̃on of all other saue that wch shalbee brought in from theis Plantac̃ons, and that euerie Aduenturer and planter may receiue and dispose of his owne goodℯ for his best aduantage, and wee shall humblie submit orselues to his matℯ gracious pleasure for such a Custome to bee layd vpon owr goodℯ as may incourage all the Planters and Owners to import all the Tobacco that shalbee made both in Virginia and the Summer Islandℯ into this Realme of England and not otherwhere, wch as it would increase and aduance the plantac̃ons so the quantities that wilbee brought in wilbee so great that wee conceiue his matℯ yearelie profit wilbee much greater this way then the other how specious so euer, and it is hoped it will prosper much better because it wilbee accompanied with the willing and heartie affections of those that pay it. [6] And wee humblie pray that in the layeing on of this this Custome his matie will haue a speciall regard to ease the Tobacco of the Summer Islandℯ.
Because it is a place of great importance and therefore very behoouefull to giue that Colonie content and to provide for their supplies.
This poore plantac̃on hath had no helpes of Lotteries Collections and other Assistances as that of Virginia hath had
because the Tobacco of the Summer Islandℯ generallie is of a meaner sorte then that of Virginia and this yeare so bad that it is little worth.
By his matℯ ɫres patentℯ they are to paye but 5li p̱ C. for all Charges whatsoeuer.
Because it is rather a forte then a Country able to produce staple Comodityes as that of Virginia and so hath no other meanes but by this poore Weede to subsist
Because those of the Summer Islandℯ Companie that are to beare the burthen of this charge are very few and no meanes to mantaine the publique charge of those Islandℯ but out of their purses wch euery yeare costℯ them manie thousand poundℯ and yet they are Comforted with the assureance of his matℯ gracious respect for their good seruice in acquireing and mantayneing a place of so great Consequence without anie Charge to his matie though to the great p̢iudice and vndooeing of some of their owne particuler fortunes vnles his matie take a speciall regard of them ther being twentie of them that at least are out of their purses twentie Thowsand poundℯ in this Plantation.
[Indorsed, in the same hand:] Reasons offered to the LLs against Sr Ed. Sandys his contract ∥& salary.∥ 20 mrch. 1622.
[Indorsed, in a later hand:] March 20 1623. Reasons against Sr Edwin Sandis Contract and Salarie touchinge the Virginia Companie
An abstract of this letter appears in No. CCCLXXII.
March 20, April 2 and 3, 1623Loveing and kind father and mother my most humble duty remembred to you hopeing in God of yor good health, as I my selfe am t at the makeing hereof, this is to let you vnderstand that I yor Child am in a most heavie Case by reason of the nature of the Country is such that it Causeth much sickness, as the scurvie and the bloody flix, and divers other diseases, wch maketh the bodie very poore, and Weake, and when wee are sicke there is nothing to Comfort vs; for since I came out of the ship, I never at anie thing but pease, and loblollie (that is water gruell) as for deare or vension I never saw anie since I came into this land, ther is indeed some foule, but Wee are not allowed to goe, and get yt, but must Worke hard both earelie, and late for a messe of water gruell, and a mouthfull of bread, and beife, a mouthfull of bread for a pennie loafe must serve for 4 men wch is most pitifull if you did knowe as much as I, when people crie out day, and night, Oh that they were in England without their lymbes and would not care to loose anie lymbe to bee in England againe, yea though they beg from doore to doore, for wee live in feare of the Enimy eu9ie hower, yet wee haue had a Combate with them on the Sunday before Shrovetyde, and wee tooke two alive, and make slaves of them, but it was by pollicie, for wee are in great danger, for or Plantac̃on is very weake, by reason of the dearth, and sicknes, of or Companie, for wee came but Twentie for the marchauntℯ, and they are halfe dead Just; and wee looke everie hower When two more should goe, yet there came some for other men yet to lyve with vs, of which ther is but one alive, and our Leiftenant is dead, and his ffather, and his brother, and there was some 5 or 6 of the last yeares 20 of wch there is but 3 left, so that wee are faine to get other men to plant with vs, and yet wee are but 32 to fight against 3000 if they should Come, and the nighest helpe that Wee haue is ten miles of vs, and when the rogues ou9came this place last, they slew 80 Persons how then shall wee doe for wee lye even in their teeth, they may easilie take vs but that God is mercifull, and can save with few as well as with many; as he shewed to Gylead and like Gileadℯ Souldiers if they lapt water, wee drinkee water wch is but Weake, and I haue nothing to Comfort me, nor ther is nothing to be gotten here but sicknes, and death, except that one had money to lay out in some thinges for profit; But I haue nothing at all, no not a shirt to my backe, but two Ragges [2] nor no Clothes, but one poore suite, nor but one paire of shooes, but one paire of stockins, but one Capp, but two bandℯ, my Cloke is stollen by one of my owne fellowes, and to his dying hower would not tell mee what he did with it but some of my fellows saw him have butter and beife out of a ship, wch my Cloke I doubt paid for, so that I have not a penny, nor a a penny Worth to helpe me to either spice, or sugar, or strong Waters, without the wch one cannot lyue here, for as strong beare in England doth fatten and strengthen them so water here doth wash and weaken theis here, onelie keepe life and soule togeather. but I am not halfe a quarter so strong as I was in England, and all is for want of victualls, for I doe protest vnto you, that I haue eaten more in day at home then I haue allowed me here for a Weeke. you haue given more then my dayes allowance to a beggar at the doore; and if Mr Jackson had not releived me, I should bee in a poore Case, but he like a ffather and shee like a loveing mother doth still helpe me, for when wee goe vp to James Towne that is 10 myles of vs, there lie all the ships that Come to the land, and there they must deliver their goodℯ, and when wee went vp to Towne as it may bee on Moonedaye, at noone, and come there by night, then load the next day by night noone, and goe home in the afternoone, and vnload, and then away againe in the night, and bee vp about midnight, then if it rayned, or blowed never so hard wee must lye in the boate on the water, and haue nothing but alitle bread, for whenee wee go into the boate wee haue a loafe allowed to two men, and it is all if we staid there 2 dayes, wch is hard, and must lye all that while in the boate, but that Goodman Jackson pityed me & made me a Cabbin to lye in alwayes when I come vp, and he would giue me some poore Jackℯ home with me wch Comforted mee more then pease, or water gruell. Oh they bee verie godlie folkes, and loue me verie well, and will doe anie thing for me, and he much marvailed that you would send me a servaunt to the Companie, he saith I had beene better knocked on the head, and Indeede so I fynd it now to my greate greife and miserie, and saith, that if you love me you will redeeme me suddenlie, for wch I doe Intreate and begg, and if you cannot get the marchauntℯ to redeeme me for some litle money [3] then for Godℯ sake geta a gathering or intreat some good folkℯ to lay out some little Sum̄ of moneye, in meale, and Cheese and butter, and beife, anie eating meate will yeald great profit, oile and vyniger is verie good, but ffather ther is greate losse in leakinge, but for Godℯ sake send beife and Cheese and butter or the more of one sort and none of another, but if you send Cheese it must bee very old Cheese, and at the Chesmongers you may buy good Cheese for twopence farthing or halfepenny that will be liked verie well, but if you send Cheese you must haue a Care how you packe it in barrells, and you must put Coopers Chips betweene eu9ie Cheese, or els the heat of the hold will rott them, and looke whatsoeu9 you send me be it neu9 so much looke what I make of yt I will deale trulie with you I will send it ou9, and begg the profit to redeeme me, and if I die before it Come I haue intreated Goodman Jackson to send you the worth of it, who hath promised he will; If you send you must direct yor letters to Goodman Jackson, at James Towne a Gunsmith. (you must set downe his frayt) because there bee more of his name there; good ffather doe not forget me, but haue m9cie and pittye my miserable Case. I know if you did but see me you would weepe to see me, for I haue but one suite, but it is a strange one, it is very well guarded, wherefore for Godℯ sake pittie me, I pray you to remember my loue my love to all my ffreindℯ, and kindred, I hope all my Brothers and Sisters are in good health, and as for my part I have set downe my resoluc̃on that certainelie Wilbe, that is, that the Answeare of this letter wilbee life or death to me, therefore good ffather send as soone as you can, and if you send me anie thing let this bee the marke.
ROT IMTRichard Ffrethorne Martyns Hundred.The names of them that bee dead of the Companie came ou9 with us to serue vnder our Leifetenants.
John Flower | John Sanderford | Geor: Goulding | a litle Dutchmā |
John Thomas | Rich: Smith | Jo: Johnson | one woman |
Tho: Howes | John Oliue | Or Leiftennant his father and brother | one maid |
John Butcher | Tho: Peirsman | Tho: Giblin | one child |
Willm: Cerrell | Geo: Banum |
[4] All theis died out of my mrs house, since I came, and wee came in but at Christmas, and this is the 20th day of March and the Saylers say that ther is two thirdℯ of the 150 dead already and thus I end prayeing to God to send me good successe that I may be redeemed out of Egipt. So vale in Christo.
Loueing ffather I pray you to vse this man verie exceeding kindly for he hath done much for me, both on my Journy and since, I intreate you not to forget me, but by anie meanes redeeme me, for this day wee heare that there is 26 of English men slayne by the Indians, and they haue taken a Pinnace of Mr Pountis, and haue gotten peeces, Armour, swordℯ, all thinges fitt for Warre, so that they may now steale vpon vs and wee Cannot know them from English, till it is too late, that they bee vpon vs, [and wee Cannot knowe them from English, till it is too late, that they bee vpon vs,] [sic] and then ther is no mercie, therefore if you loue or respect me, as yor Child release me from this bondage, and saue my life, now you may saue me, or let me bee slayne, with Infidelle, aske this man, he knoweth that all is true and Just that I say here; if you do redeeme me the Companie must send for me to my Mr Harrod for so is this Mrs name.
Apr: the 2 day
Yor loueing sonneRichard FfrethorneMoreou9 on the third day of Aprill wee heard that after theis Rogues had gotten the Pynnace, and had taken all furnitures as peeces, swordℯ, armour, Coatℯ of male, Powder, shot and all the thinges that they had to trade withall, they killed the Captaine, and Cut of his head, and rowing with the taile of the boat formost they set vp a pole and put the Captaines head vpon it, and so rowed home, then the Deuill set them on againe, so that they furnished about 200 Canoes with aboue 1000 Indians, and came and thought to [5] haue taken the shipp, but shee was too quicke for them wch thing was very much talked of, for they alwayes feared a ship, but now the Rogues growe verie bold, and can vse peeces, some of them, as well or better then an Englishman, ffor an Indian did shoote with Mr Charles my Mrs Kindsman at a marke of white paper, and hee hit it at the first, but Mr Charles Could not hit it, But see the Enuie of theis slaues, for when they Could not take the ship then or men saw them threaten Accomack that is the next Plantac̃on and nowe ther is no Way but starueing ffor the Gou9nour told vs and Sr George, that except the Seaflower come in or that wee can fall foule of theis Rogues and get some Corne from them, aboue halfe the land will surelie be starved, for they had no Crop last yeare by reason of theis Rogues, so that wee haue no Corne but as ships do releiue vs, nor wee shall hardlie haue anie Crop this yeare, and Wee are as like to perish first as anie Plantac̃on, for wee haue but two Hogsheadℯ of meale left to serue vs this two Monethes, if the Seaflower doe stay so long before shee come in, and that meale is but 3 Weekℯ bread for vs, at a loafe for 4 about the bignes of a pennie loafe in England, that is but a halfepenny loafe a day for a man: is it not straunge to me thinke you? but What will it bee when wee shall goe a mo§n §eth or two and never see a bit of bread. as my Mr doth say Wee must doe, and he said hee is not able to keepe vs all, then wee shalbe turned vp to the land and eate barkℯ of trees, or mouldℯ of the Ground therefore with weeping teares I beg of you to helpe me. O that you did see may daylie and hourelie sighes, grones, and teares, and thumpes that I afford mine owne brest, and rue and Curse the time of my birth with holy Job. I thought no head had beene able to hold so much water as hath and doth dailie flow from mine eyes.
[6] But this is Certaine I neu9 felt the want of ffather and mother till now, but now deare ffrendℯ full well I knowe and rue it although it were too late before before I knew it.
I pray you talke with this honest man he will tell you more then now in my hast I can set downe.
Yor loueing Sonne
Richard Ffrethorne
Virginia 3d April 1623
[Indorsed by Sir Nathaniel Rich:] Coppie of Richard Ffrethorne ɫre to his
ffather Ap. 1623.
[A number of rough minutes, not in chronological order, indorsed "Virginia Maryland Newfoundland etc." and dating from 1606 to 1652]
The Governour & Councell of Virginia petition the King for the sole Importation of Tobacco to thē & the Summer Islands
1623
From the text printed in the American Historical Review, XXVII. pp. 762–763.
March 25, 1623After my harty comendacions, Wheras I understand there is a ship lately aryved within the porte of London from the Bermudos or Somer- Ilands wherof for the most parte hir ladeinge is Tobacco, and for that I have binn informed that you have made stay of passinge the Tobacco in regard of the pretence of a contracte with the Company of Bermudos and Virginia for the Importacion of Tobacco, beinge intended upon his Majestie's parte for the benefitt and good of the said companyes, which uppon debate of the Councell Boarde beinge ther amply argued and heard before the Lordes of his Majesties Privie Counsell is conceived to bee rather prejuditiall unto the Companyes if the said contracte should goe forward in consideracion wherof his Majestie is graciously pleased that you suffer the said tobacco to bee delivered unto the severall proprietors therof they payinge unto his Majestie's farmers of the customes three pence per pound for the subsidy which the said farmers are contented to accepte of without demandinge any defalcation from the King, And it is resolved by the Lordes of the Councell and so promised by many of the Company both of Virginia and Bermuthos that they will hence forward [bring] all the Tobacco exported from Virginia and Bermudos into his Majesties dominions, And for the impost or increase of subsidy you receive unto his Majestie's use for all the said Virginia and Bermudos Tobacco belong- inge unto any Planter or free brother of the said companyes sixe pence per pound redy monye beeinge the rate formerly agreed on, And for all such Virginia and Bermudos Tobacco which shall not belonge unto any Planter or free brother of the said Companyes the usuall impost of eighteen pence per pound redy [money] due uppon Tobacco as hath bine formerly used. And this shalbe a sufficient Warrante unto you for the present untill further order shalbe given for the same. Chelsey this 25th. of March 1623.
Your very loving freind
To my very loving friendes the officers and farmers of his Majesties customes and to Abraham Jacob and Jo. Jacob67 Collectors of the impost and increase of subsidye uppon tobacco.
[Indorsed:] Warrant for to receive iii d. per pound for the subsidy of Virginia and Bermudos Tobacco and vi d. per pound for the impost or increase of subsidy of the same Tobaccoe.
Marginal notes and indorsement are in the hand of Sir Nathaniel Rich.
March 28, 1623Noble Sr
I am almost ashamed that I haue left yor ɫre vnanswered thus longe: but a bodie languishinge, well nigh vnto death, and a mynd distracted and broken with ill successes here, and hard Censures at home haue disabled me from all dutyes but those wch necessitie inforceth. But now I thanke God, I haue recovered my health, and a litle cured my thoughtℯ with the balme of my Innocencie resolving to strive against theis Torrentℯ of difficultyes till I passe them over, or bee swallowed vp by them: rather in that I wilbe Constant to my Course, then out of anie hope to gaine reputac̃on or satisfie your Concepc̃ons. For their affections to this Plan- tac̃on hath so ou9 hightned eu9ie thinge that it is impossible for our Indevours to give it that lustre, wch must needℯ redound to the disgrace of vs, and will, I feare, to the preiudice of the Collonie. I would to God that some one of Judgment and Integritie whom you trusted might bee sent ou9 to give you a true Informac̃on of our proceedingℯ and the State of this Countrye. If then it be found that Wee are faultie let the Censure and punishment light vpon the ill deserver: for my owne part I will desire no favour. But if our want of meanes haue frustrated yor hopes, or the hand of God, by extreame sicknes, and vnheard of mortalitie hath pre- vented our Indevours, or if wee haue beene inforced by some of yor Instruc- tions to goe Contrarie to or Judgmentℯ? If wee should imploy our owne or the Serveantℯ of others (wch would never bee endured) for future expecta- c̃ons; how in the meane time shall they be fed and Clothed or how shall wee give a satisfaction to their maisters? It is not a small proporc̃on of Corne that will feed a man, when that is his onelie sustenance. Had you no other provisions in England perhaps the land were too litle to sustaine her Inhabitantℯ. and for apparrell I will giue to the Magazine 10ɫi sterling a yeare (as the rates here goe) for the Clothing of each particuler Servaunt. for eu9ie labourer wee giue one Pound of Tobacco a daye, besidℯ his diet and 3 or 4 §a day§ to Artificers. from whence shall theis paymentℯ arise? moreou9 so manie come ou9 without anie provision, and those you set out yorselues so furnished to halues (a maine Cause of their debtℯ and deathes and of yor small retournes) that they make a dearth of a plentifull harvest. I protest for my owne part if I knew how to defraie the expences of the yeare, I would not set one plant of Tobacco whilst I lived in this Countrie: so much I loath it and onelie desire that I Could subsist without it. Now if anie will vpraid vs with the successe of this yeare, let them takeheed least they manifest [2] not themselves to bee of the race of those Gyantℯ wch made warre with heaven; for who is ignorant how the heavie hand of God hath suppressed vs? the lyveing being hardlie able to bury the dead through their owne Imbecillitie, insomuch as I am afraid wee haue not lost lesse than 500 by sicknes (with a generall weaknes of the rest) wch taken out of so small a number (farre short of yor Coniectures) I belieue haue not left behind them so manie able men in the Countrye. And by the way I would you Could hang that villaine Dupper who with his stinking beere hath poisoned most of the Passengers, and spred the Infection all over the Collonie wch before the Arrivall of the Abigall were recou9ed. lastlie, whereas it was the onelye benifit wch wee reapt from the treacherie of the Indians in drawing ourselues into a narrower Circuite, whereby the people might haue beene better gou9ned, and lived with more Comfort and securitie, publique Charges more easilie defraied, forces raised with lesse difficultie, and hazard to the Remaynder, townes in short time would haue beene forfeited, framed houses erected, Orchards planted, and groundℯ impailed for the keeping of Cattle, staple Comodities the better aduanced, strength, beautie, pleasure, riches and reputac̃on added forthwith to the Collonie: by yor Comaunding vs to dispearse wee are like quicksilu9 throwne into the fire and hardlie to bee found in so vast a distance. But I can but giue you a touch of theis thinges wch perhaps were better vnwritten then not written to the full. If God spare me life I will write a particuler discourse of this Countrie, the hindrances to the Plantac̃on and waies to aduance it, with an answeare vnto Calumny meane while I referre you to others for other particulers, and will now addresse my replie to yor letter.
∥that some may be sent over truly to informe of the p̱ceedings there∥
∥The officers in Virginia by instructions from hence enforced to goe against theyr Judgments.∥
∥Corne is their only sustenance.∥
∥Apparell∥
∥Complaynt ye too many come over and those ill prouided∥
∥The lyuing hard- ly able to bury the dead 500 dyed by sickness not 500 able men left∥
∥Dupper∥
∥The benefitts of drawing the Colo- ny together∥
∥much damnifyed by dispersing then vpon Comd of ye Company∥
If I could be proud yor Censure had so made me for that slothful worke wch I was ashamed to ffather. Notwithstanding it begat a desire to pro- ceede: but heare my owne Author.
\ —nec plura sinit tempusq̢ pudorq̢
Dicere maius opus magni certaminis vrget.
Yet amongst the roreing of the seas, the rustling of the Shrowdℯ, and Clamour of Saylers, I translated two bookes, and will perhaps when the sweltring heat of the day confines me to my Chamber give a further assaye. for wch if I be taxt I haue noe other excuse but that it was the recreac̃on of my idle howers, and say with Alciat.
\ Dum pueros iugulans, iuvenes dum tessera fallit
Desinet et segnes chartula picta viros
Haec nos festiuis emblemata cadimus horis.
[3] As for dubius accusac̃ons, Custome and the meanes of the man hath made me insensible of such Injuries but more ignoble was that, though pro- ceeding from a nobler Person who said wee held not our selues secure with- out the guard of a Thowsand men: when it is well knowne, that I receiued not one man in to my Plantac̃on though I had at sometymes not five that were able to beare Armes, and for the Gou9nour I my selfe was an Eye witnes, that the Councellors themselues were Constrayned to watch nightlie by turnes, vntill the Countrie allowed him a Guard of thirtie. for whose intertaignment he is yet vnsatisfied. O what a lying deuill is a mallice! And nowe alitle to degresse (for I write as thinges Come into my mynd and expect from so worthie a freind as you are a Pardon of Errours, since I haue not the leazure to read ou9 what I haue written) what a flagitious offence was that in vs to fetch of men from their dividendℯ who had neither food nor Munic̃on nor in Nomber able to defend them- selues in the Cultivateing of the earth, or guard of their Cattle, all being slaine about them and wee vnable to supplie anie one of their wantℯ without the ruyne of others! must they not haue beene left of necessitie a pray either to slaughter or famyne? or how would their weakenes have indured the want of their ablest men to haue gonne vpon the Indians, when out of the whole Collonie wee Could but raise 180 (whereof 80 were fit onelie to Carrie burthens) to incounter 1000? wch had put all in hazard if God had not taken their heartℯ from them: though as valiant as lyons against one another, and as skilfull in their bowes as the Beniamites with their slinges; haueing manie peeces besides, with Powder and Shott, and knoweing too well how to vse them, how §am§ I touched in particuler about that ignominious proposic̃on of removeinge to the Easterne Shore, when I onelie related the Argumentℯ, and nomynated the Author, And although the Gou9nour and my selfe gaue way that the place might be survaid for the planting of a Partie there as better furnished with all sortℯ of prouisions and fit there- after for fortificac̃on: yet neu9 was it so much in or Thoughtℯ (though manie ranne violentlie that waye) to quit the places wch wee held and I for my part would first haue beene torne in peeces. But I wilbe more warie hereafter what I write.
∥Ignoble speach of a noble man∥
∥But 180 men able to incounter the Enemye whereof 80 were fitt only to carry burthens∥
I vsed Mr Calthrope at his landinge with all the Curtesie I Could and brought him acquainted with the Gou9nour. I proferd him the Enter- tainment of my house, and my owne Chamber to lodge in [4] wch he refused in that I was to bee but seldome there my selfe, in regard of my almost dailie attendance at the Councell table (for besidℯ our owne partℯ, wee are faine to discharge the Offices of others: if Mr Secretarie had beene good for anie thing wee would never have suffred him to haue gon home, and what a pittifull Councellour haue wee of yor Doctour!) I haue giuen from time to time the best Councell I am able. At the first he kept Companie too much with the Inferiours, who hung vpon him while his good liquor lasted, after he Consorted with Captaine Whitacres (a man of no good example) with whom he is gone into Kicotan, yet wheresoeuer he bee, he shall not been without the reach of my Care, nor want for anie thing that I or my Credit can procure him.
To his most wor- thie ffriend Sam- uell Wrote Esq. at London be theis deliuered 1
Written lengthwise of page in the margin.
.I kindlie thanke you for yor Gray hound the fairest that ever I saw; yet the want of his stones haue deaded his Courage and made him altogether vseles. But I haue written too much and yet nothinge Inopem me copia fecit. I cease to trouble you but never to loue you
I pray you remember my best loue and wishes to worthie Mr. Gibb James Cittie 28 Martij 1623
Yor assured ffreind
George Sandys.
Sr I pray you be intreated extraordinarilie to importune Mr John Bonovill
to send me two Ffrenchmen skilfull in silkewormes and planting of Vines
I will pay them 20 markℯ apeece for their wages by the yeare, and find
them victualls, or 20ɫi apeece if they will accept of or Virginia paymt.
Mr Mellin will take order for their passage.
I have sent you a tast of our best Tobacco by Mr Tuke. if you like it I
will furnish you yearelie with enough for your takeinge.
[Indorsed, by Sir Nathaniel Rich:] G. Sandys to Mr Wrott 28 M9ch 1623.
To Henry Vicount Mandevile.
Right Honoble͠
Itt hath pleased his moste gratious Matie to directe his Royall letters to the Gouernor Councell and Colony of Virginia, signifying his pleasure to take the com̃odity of tobaccoe to his owne imeadiate vse, and requiring that we should heere contract wth the Burgesses of ye severall plantac̃on for the same on his behalfe, together wth instructions to yt purpose from the Atturney geñall, wherevnto may itt please yor Lop in all humblenes of duty we haue retarned our answere (as we weare required) by our Petitions and generall declarations sent in these shipps, humbly shewing vnto his highnes, the greate p̢iudice that this colony hath receaued by diuers contracts made wholy wthout our consents or pryvity, and sett on foote by auaritious & vnconscionable men intendinge their owne pri- vate lucre and gaine in the snares whereof wee haue continually for these six yeares ben intangled and misirabley p̱plexed to the generall dis- couragmt of all men, & hinderance of the proceedings of this Plantac̃on, wch otherwise would haue manifested better effects of more staple com̃odi- ties soe long expected of vs, for the p̱fecting whereof, wee are disabled by or poũty; whilst our affayres remaine vnsettled and vncertayne, & wee in feare to be made slaues, to those men, from whose exorbitant & wide consciences wee expect no mercye. But since all form9 contracts are dissolued & that his Matie hath ben pleased to extend his princely care for the establishmt of this Colony, wch wthout the supportation of his Royall hand must necessarily sincke: wee haue regayned new hopes to or dispayring minds in assured Confidence that all factions silenced, and the priuate intentions of others p̢vented, our iust Petitions will receaue a favorable admittance ã heering. In the wch wee the Gouernor & Councell in the name of the whole Colony doe implore the Continuances of yor Honoble favor towards vs, that as heretofore yor Lopp hath ben the greatest meanes to ou9throwe these former contracts, for wch we returne our humblest thankes vnto yor Honor, soe now againe by yor iustice ã goodnes wee may be p̳tected against the violence ã auarise of those men, who haue ben soe thirsty of or miserie and ruine, wee rather desiri[ng] to become servants unto his Matie by the profite of or labours, then unto others that should vnderhand contracte for the same, Thus wishing vnto yor Honor all increase of goodnes and im̃ortall wee rest.
Att yor Lopp Com̃and
Francis West
John Pott
Sam̃uell Mathewe
Roger Smith
William Claybourne
William Tucker
Virginia the 30th March 1623
Vera Copia Ext p̱ Rob: Barrington: Cler:
This letter is abstracted in No. CCCLXXII. It is in the same hand as Number CCCIV.
Sr
It is a Curtisie that addℯ not a litle to those manie wch I haue received from you, that you vouchsafe to remember the so farre distant. A hope- full begynneing we had in this Countrie, yet seconded with all the Calami- ties wherwith God vseth to scourge a disobedient people, as murder, dead by diseases, and scarcitie almost vnto famyne. Yet the first had been a reformac̃on, had wee beene suffred to haue made the true vse of it. for the English throughout this wild Countrye, planted dispersedlie in small familyes, far from Neighbours, as Covetous of large pos̄sions (larger then 100 tymes their Nomber were able to Cultivate) and to lyue like Libertines out of the eye of the Magistrate, not able to secure them- selues, nor to been releiued by others, vpon anie occasion, insomuch as if they had had anie knowledge of the purpose of the Indians, the most part Could not possiblie haue preuented their treacheries: but must either haue beene beseiged in their houses (and Consequentlie famished) or Cut of as they followed their labours. Vpon this occasion wee drew the remainder Close together, whereby they might haue beene the better gou9ned, and haue added to their lyues both Comfort and securitie presentlie wee should haue begunne to fortifie Townes, to haue built framed houses, to haue planted hortyardℯ and gardens to haue inclosed ground for or Cattle, and set vpon more reall Comodities, by wch the Collony in short time would haue growne strong, beautiful, pleasant rich and reputable But such is the disposic̃on of those who glorie in their wisedomes, that they will rather Justifie and proceed in their Errors then to suffer a supposed dis- grace by reformeing them; So that wee are Comaunded to suffer eu9ie man to retourne to his [2] divident, though in some stronger fashion and haue our discrec̃ons and Courages Censured for doeing that wch they should have begunne with, Who cleare themselues by the wronginge of others; obiecting vnto vs their Instructions, whereof manie are infeasible and the most Inconvenient, for to say the truth they knowe nothing of Virginia, nor will beleiue anie thing from vs that is not answereable to their former Con- cepc̃ons. But if eu9 they will doe anie good they must admit of our In- formac̃ons, and suffer ther Instrucc̃ons, for the most part, to bee rather advices then Commaundℯ. Extreame hath beene the mortalitie of this yeare, wch I am afraid hath dobled the Nomber of those wch were massacred; yet with our small and sicklie forces we haue discomforted the Indians, round about vs, burnt their houses, gathered their Corne and slaine not a few; though they are as swift as Roebuckℯ and not to bee destroyed but by surprize or famine they now beginne to desire a peace, and after the restituc̃on of their Prisoners, for whose sakes wee seeme to bee inclineable thereunto and will trie if wee can make them as secure as wee were, that wee may followe their example in destroying them Although in particuler I haue not suffred much by the Indians, yet haue I lost by sicknes 23 men of my small Nomber to the greate diminuc̃on of my meanes, and impaire of my last yeares profit, and had I not hired in good time the sixth part of a ship (wch Cost me aboue 140ɫi for my share) I and the rest of my men had harld hardlie [3] escaped the perishing by famyne. ffor all theis disasters I have sent home as much as will pay that Sum; discharge 100ɫ wch I owe vnto them who haue my Cropp in their pos̄sion, with 50 more wch my Cozen Myles standℯ bound for, and to furnish me with necessityes in some poore sorte, for the yeare ensewinge, I onelie p̢sume of yor fauour, in that I cannot possiblie th at this time in regard of my great losses and unexpected vnexpences doe otherwise, to deferre the payment of that 100ɫ (wch is all that I owe in the world) wch you stand ingaged with me, vntill Christmas next, wch wilbee in Charge to you in regard of the Annuitie, wch out of yor bountie you were pleased to giue me; at wch time whether I liue or die it shalbee discharged. Well may I put in die, for there is few of vs that haue not knockt this yeare at the gates of death. but by the mercie of God I am now in perfect health, as is the Gou9nour and his ladie (though after much sicknes) who recomend ther seruices vnto you. Concerning Thomas Marson I haue neither seene nor heard of him since he delivered me yor letter whether he be returned for England, or dead, or gone to some remoued Plantac̃on I knowe not, but if he be here he shall find me readie to giue him the §my§ best helpe in all his occasions, and that yor recomendac̃on is to me a Comaund. Much afflicted I am for the decaie of Sr Thomas Josseline and more for the ill vsage of his old freindℯ. how eu9 I know you so noble that you will not add sorrowe to afficc̃on nor forbeare it to Comfortt him in his miserie. Remember I pray you my service and best wishes to those that are with you, not forgetting my loue to Mr Franklinge whom I could wish here with vs I rest
∥the dispirsing of ye colony again very pernicious∥
∥A p̱fidious treatye∥
yor loveing brother
George Sandys
James citty, 30 March 1623
[4] I haue sent you by Mr John Tuke Mr of the Abigail a tast of our best
Tobacco of this yeare if you like it I shall send you as good or better
hereafter in plentie.
[Addressed:] To the right worll͠ my especiall good Brother Sr Myles Sandys
Knt and Baronet at Wiberton in the Isle of Ely.
[Indorsed, in the hand of the reviewer:]
1
Sir Nathaniel Rich.
G Sandys to Sr Miles Sandℯ See here the one cause of ye Massacre.
Sr
I humblie crave yor pardon if I have not written §vnto you§ so often as you expected, and my dutie bound me: presumeinge that the Governour had acquainted you with whatsoeu9 was worthie your knowledge: We found at our Comeing over the Country in peace, but in such a peace as presaged ruyne: the people dispearsed in small familyes, farre distant one from another, and like the foolish Arcadians, exposed to the pray of who- soeu9 would assaile them, yet Could wee not reforme this mischeife, they haueing Pattentℯ granted from the Court in England to plant wheresoeu9 they pleased contrarie to all order, discipline, and Example: but how well wee beganne to build (though impossible to Continew) on this prescribed foundac̃on I coniecture is not unknowne vnto you; Neither could the Trecherie of the Indians (although foreknowne) have beene but in part prevented: who like violent lightening are gone as soone as p̱ceived. Yet are we taxed with indiscrec̃on and Cowardize for draweinge theis miserable people to places of securitie; Who had neither victuall nor munic̃on (nor Could wee helpe them wth either) nor of strength to defend themselves: so that of necessitie they must have perished either by the Enimye, or famyne. But men that are ambitious to bee Counted wise will rather Justifie then acknowledge their Errors and impute the fault to the execuc̃on, when it is indeed in the proiect. Wee held not our selves secure said an ignoble Noble man vnles wee had 1000 Souldiers to guard vs; what a strict affynitie is there betweene the divell and a lyer! for my owne part I receaued not a man into my Plantac̃on although at one time I was so weake that I could not arme 5 able men: and for the Governour, the Councellors themselves were con- strayned to watch nightlie by turnes vntill the Countrye allowed him a guard of 30 men. Sr Edwin writes that strucke with a Panicke feare wee proposed a Removeall of the Collonie to the Easterne shore. Indeed I writt home of such a proposic̃on and named the Proposor with his Argu- mentℯ which were hotlie mantayned by others, (and no question but [2] that place had beene better, at the first, to have seated on, in regard of fertilitie, Convenience, all sorts of provision and strength both against the Native and fforreiner) yet theis were refuted by vs in pointℯ of Reputac̃on, being besidℯ, as wee alledged, an intollerable presumption for vs to attempt such a Change without your Consentℯ: howsover wee thought it fitt that the place should bee further survaied, and a Partie there seated, and this is that treason against God and man, for wch wee deserve to bee hanged. But I pray God their Contemplac̃ons doe not so ou9swaye our experience that all in thend Come to no thinge: who thinke eu9ie thing done as soone as Conceived (how unfeasable soeu9) and so highten their proceedinges that it is impos- sible for our Actions to goe alonge with their reportℯ whereby wee must of necessitie suffer in our reputac̃ons. Wee are much upraided with Sr Thomas Dale: yet (not to detract from the dead) what did he? or what is extant of his Endevours? or what Could not wee doe if wee (as hee) had 500 men at our owne disposure, both fed and appareled out of England? whereas wee haue not one except wee hire them with our private purses, or take them Iniuriouslie from their Mrs The Teñants they sent on that so absurd Condition of halves are neither able, to sustaine themselves nor discharge their moyetie, and are so deiected with their Scarce provisions, and finding nothing to answeare their expectac̃on, that most give themselves over, and die of Melancholye, the rest running so farre in debt as keepes them still behind hand, and manie (not seldome) looseing their Crops whilst they hunt for their Bellyes: Nor are their Comanders much better, who haveing little perfourmed of what was promised, their meanes not worth the Collectinge, conu9t their mindℯ to other Imploymentℯ. And now least wee should growe too rich they haue sent over (without anie [3] advice from vs) a Captaine of a shipp, with extreame charges to the Countrye, to build a fort in the Sea (I might haue said a Castle in the aire) on a shole of oister shells everie tide overflowne, and at lowe water with eu9ie wynd washt over by the surges; where when you have pearced the vpper Crust, ther is for manie speares lengthes no bottome to bee found. The Captaine dyed, to save his Credit, soone after. And I feare that their too much vaine glorie and presumption at home, togeather with our sins have drawne theis afflictions vpon vs; the massacre being seconded with a gen9all sicknes, insomuch as wee haue lost I beleive few lesse then 500, and not manie of the rest that haue not knockt at the doores of death. yet with our small and weake forces wee haue Chased the Indians from their aboadℯ, burnt their houses, taken their Corne and slayne not a few.
He complaynes yt they are taxed from drawing theise miserable people to places of security
The error in y proiect not in ye execution
An ignoble ign noble mans speach
Sr Tho. Dale had 500 men fedd and apparralled out of England.
They haue not one for ye pub- iq̢.
Com̃anders
Capt of a ship sent Ea[eh] Sea over to buyld a castle in the ayre
This Capt dyed to saue his Cred- itt.
Vayne glory & presumptiõ at home haue drawne theise affliction on ye Colony
The great King now sues for peace, and offers a restituc̃on of his Prisoners: for whose sakes wee seeme to bee inclineable thereunto, and will trie if wee can make them as secure as wee were that wee may following their Example in destroying them. We are now of orselves about to erect a ffort in as advantagious place as the other, but vpon a solid foundac̃on My Ladie Wyat God be thanked hath recou9ed her health and no question will Continew it, shee being of so chearefull a disposeition, wch is in this Countrie an Antidote against all diseases. I am ashamed, yet enforced, to importune you once more for one yeares Rent of my Annuitie before hand, this being a hard yeare. I haueing lost 23 men by sicknes, and received not one of those 25 wch the Companie Contracted to send me, haveing also paid almost 200li for my share in the hire of a Shipp without wch both I and mine had famished, and discharged besidℯ diu9s debtℯ in England. I will send you [4] my Acquittances by Mr Mellyn. Remember I pray you my best seruice to my Worthie and kind sister, and to my Ladie Wayneman with the rest of my Cozens.
they Colony in- clyne to a peace but meane it not
About to erect a fort
He had famished but yt he had p̱te of a ship
I humblie take my leaue.
yor loueing Brother.
George Sandys
James Cittie 30 March 1623
[Addressed:] To the right worll my much honored Brother Sr Samuell
Sandys Knt at Omberslie in Wocter shire giue theis.
[Indorsed, in the reviewer's hand:] G. Sandys to Sr Sa: Sandys, 30 March.
1623 about ye concerning the att order imputing the cause of theyr ill
proceedings to ye directions from hence.
Em̃anuel
Right worthy Sr, according to my promise I now begin to write to you in folio, but know not where to begin:
Complements I must refuse, and begin I must somewhere, and thus first. You would make all men to forsweare yor dealing, for you know I was awarded xxxli and by yor meanes I was not to haue it my selfe but was first to aduenture it wth Sr Wyll͠m Naughtworth: He dying in Virginia the Threãr seizeth of all, & there is an end of that and my 7 yeares toyle in breeding of Swyne and Capt Newce hath wth his Company deuowred them almost all wth himselfe and those men you sent to him & their is an end of that: I tould you of entertayning new Com̃anders over yor men but you lightlie regarded it: those men must haue large guifts and large Com̃issions and worshipped and what good haue they done for you? marry if euen this brought all to nought: Thorp he hath brought such a misery vpon vs by letting th' Indians haue their head and none must controll them. The Gouernor stood at that tyme for a Cypher whilest they stood ripping open or gutts: Captaine Newce he cutts our throate on the other side and he letts in th' Indians, and that while the other prouides to kill all the swyne as it were of sett purpose to ou9throw all: and who must make this good againe? The old smoker our (I know not how to terme him but) Gouernor, so good so carefull mild, Religious, iust, honest that I protest God I thinke God hath sent him in mercie for good to vs, he vndergoeth all your cares & ours, and I feare not but god will bless him in all his p̳ceedingℯ but who must be th' Instrument to make all this whole againe? Why Capps: all voyces can sett him forth about these businesses: But who must pay him his hyer? The Contrey is poore and the Companie is poore and Capps is poore already, & poorer he wilbe if he follow this course. You see I neu9 had penny of you for all my paines: I thinke you Mr Farrar know th' inside of my hart, but seeing I must to it againe I pray Sr be you carefull to doe me what good you can, first in acquainting the Companie what a deale of trouble it wilbe & hinderance to me: My Lord of Southampton did promise me he would see me satisfied but p̱haps its forgotten therefore you must bestirr yor selfe, and when you see any lustie yong men that will pay their passage and some or no permission, you may thinke well this fellow if he were bound to such a man for 4 or 5 yeares it might doe him some good but I am sure if I had xx it could not counteruayle my labour, for I must hang at it like a Beare to the stake: You haue seene that pastime, but com̃only it lasteth but an hower, but I doubt this will last 12 Monethes, and by hap bring you in 3 or 4 score slaues to work about a ffort or ther seruile worke, but before I deliuer them vp I will make them sing new Toes, old Toes, no Toes at all, because they shall not outrun me, for I am sure they haue made vs sing a song this twelue moneth to the Tune of O man where is thy hart become so not fearing but you will be mindfull of my welfare as well for some comfortable drinke and Meate as otherwise for my benefitt I rest
Sr W. Nuce. Mr Geo. Sandys
To his approued kynd freind Mr John Farrar 1
Written lengthwise of the margin.
yor ffreind indeedWillm̃ Capps31 March, 1623.[2] Sr I haue here taken some paynes for yor Instruction, wch if you will receaue may breed much health: for of force this must be granted that either its a plague from heauen, or els the plague from those great Shipps so pestered wth men: I meane the death of all those men that haue dyed this Winter and before a little: I promised you to write in folio but had it not ben seed tyme I would haue sent it in foliorũ: Ffor Martyns Hundred if I had but one Body more I would haue ben there to haue secured them: The Counsell was very earnest wth me to haue com̃anded there, but the greater worke must be before the lesser: yet I will see them now & then, & be often on their Backes for their guard. I pray good Sr take these few lynes and p̱use them well for these are dangers that may be auoyded: I meane the vnhealthines at Sea, and worse when it comes a shoare
The first cause is for want of cleaneliness, for betwixt the decks there can hardlie a man fetch his breath by reason there ariseth such a ffunke in the night that it causeth putrifaction of bloud & breedeth a disease much like the plague: the more fall sick the more they annoy and poyson their ffel- lowes the wch may be preuented by care had by you: Ffor I remember when I was in the voyage wth Sr Thom̃s Gates and Sr George Som̃ers: We came in heate of Som̃er & were at sea fifteene Weekes & lost not a man and farr southerlie wch was indeed the great m9cie of God, & the meanes of health was not neglected, wch were these: By that tyme we had layd our owne latitude & raysed 2 or 3 degrees to the Southward they appointed that euery man should haue halfe a Biskett Cake and halfe a small Can of Beare euery morning: Then were appointed swobbers for the cleansing of the Orlopp and euery part of the Ship below: Then euery man was forced in faire Weather to bring vp his Bed to ayre in the shrowdes: In the meane tyme the quarter Masters were busied in the swobbing of euery cabbine belowe wth Vinigar as also betweene Decks wch cast such a sauor of sharpnes to the Stomach that it bred health.
Likewise the dogged vsage of the Saylers I meane those in com̃and as namely old Tuke fforteron & the Purser by whose means I dare sweare hath ben the death of halfe the Passengers wth the help of the Poyson they gaue vs instead of Beare: And for my owne part as I am a Christian I had no allowance at all nor none could gett, for the Purser tould me my Passage was not payd: Therefore by my consent neu9 hire Shipp of three Decks for they of force must breed the Sea plague: I doe not meane because I had no allowance but by reason of such vehement ffunkes that com̃eth from below.
Next for Sr Wm Newce he came indeed into the Contrey and dyed; & Mr Sandys he gripes all for the Companie for all yor Order of Court: and if you looke well about you may see the iust hand of God on that very place: Ffor by true Report since the day it was torne from vs, there haue dyed aboue a hundred: more by halfe then eu9 dyed there in eleauen yeare before, and one himselfe: Mum9. And now if the Company will send me ou9 x or xij Carpenters Sawyers & brickmakers with p̳uision for the first yeare (I will [3] take paynes & care to prouide after for them) and build a substantiall guesthouse: the ferst at Elizabeth & the other at James: ffor if you did but see how miserable they dye for want of prouision and housing you could not but pittie their cases: There must be to this busi- ness two yoake of Oxen & a Horse This being effected by gods help their wilbe health, & after they may be sett to building of a skonce for defence: but I must tell you if I meddle wth it I will no man to comd thē any thing for if they doe I will meddle no more wtth thē.
George Sandys
Capt Newce
[Indorsed: 1
Revised and indorsed in the hand of Sir Nathaniel Rich.
] Wyll͠m Capps to Mr Jo. Farrar from Virginia: Ap. 1623.[155] The Accompt of the charge of a small supply sent over into virginia, in Aprill .1623. A° 21. Jac. in the shipp called Bonny Besse, belonginge to mr Barbor, vpon advertizemt of our servants great necessity.
for .2. hoggesheads of the best old wheate meale, [cont neat], 18. bushells, & an halfe, and .3. pounds, at 6s 8d the bushell | 6ɫi | 3s | 8d |
for .4. bushells of pease | 14s | 8d | |
for one bushell 1. pecke of oatmeale | 7s | 6d | |
for .4. caskes to put them in | 13s | 3d | |
for packinge caryage §& shippinge§—1 2s for warfage .6d for lighter men—8d | 3s | 2d | |
for the fraight into virginia, after 3/2; a tunne after 3ɫ of a tun | 40s | ||
In reward to Rob: Peasely for p̳vidinge ye same | 2s | 6d | |
Sm—10L̃ 4s 9d &c. | |||
for the copy of te the counsels ɫre from virginia, in April 1623. to Colling- wood the secretary, beinge .7. pages, to send to mr Berkeley | 3s | 4d |
5 | The Earle of Warwicke | Mr Harries | |
11 | Sr Nathaniell Rich | And Mr Harries | |
Sr Henry Mileme | Mr Worsman | ||
Sr Humphrey Hamford | Mr Copse | 1 | |
1 | Sr Samuell Argale | Mr Binge | |
1 | Sr Thomas Wrath | Mr Maye | |
Sr Robert Mansfeild | Mr Couell | 3 | |
5 | Sr Thomas Smith | Mr Gore | 5 |
Sr Thomas Button | Mr Willkinson | ||
Sr John Culpeper | Mr Barnard | 4 | |
1 | Sr Thomas Cheeke | Mr Moore | |
2 | Sr Thomas Huit | Mr Man | 5 |
Sr Phillip Cary | Mr Lukin | 7 | |
Sr Ffardinando Gorge | Mr Abraham Chamberlin | 4 | |
Sr John Worstenholme | Mr West | 2 | |
5 | Mr Alderman Johnson | Mr Powston | 2 |
Mr Doctor Medust | Mr Roberts | 1 | |
2 | Mr Morris Abot | Mr Mould | |
Mr Bateman | Mr Pening̴§s§ton | ||
1 | Mr Gibs | ∥ capt. Turner | 8∥ |
Mr Leate | Mr George Tucker | 10 | |
1 | Mr Butler and his brother | Mr Dorrell | |
Mr ffluellin | Mr Tickner | 2 | |
Mr Bell | Mr Edward Palmer | ||
Mr Stiles | Mr Baynham | ||
8 | Mr William Palmer | Mr Willmore | |
7 | Mr Edwards | Mr Jadwin | 2 |
10 | Mr Moorer | Mr Neuell | |
6 | Mr Dike | Mr Rogers Junior | |
14 | Mr George Smith Grocer | Mr Woodall | 4 |
2 | Mr Robert Smith vnder Cham- berlin | Mr Sparrow | |
Mr Man Junior | 1 | ||
6 | Mr Canninge | Mr Roberts Junior | 1 |
1 | Mr Humphrey Slany | Mr West | 2 |
4 | Mr Thaier | Mr Pearce | |
1 | Mr Edward Bennit | Mr Cason | |
1 | Mr ffesant | Mr Robins | |
Mr Wrote | Mr Wale | ||
Mr Steward | Mr Lawes | ||
3 | Mr John Wrothe | Mr Townsend | |
Mr Palauisine | Mr Essington | 83 | |
4 | Mr Christopher Barron | ∥Mr Ditchfeild | 12∥84 |
2 | Mr Jonson |
[Indorsed in the hand of Sir Nathaniel Rich:] Names of Aduenturers that dislike ye p̢nt proceedings of buziness in ye Virg. and S. Ilands Companyes. Ap. 1623.
The charge against Sr T. Smith
That Sr T. S. hath not p̱formed the trust reposed in him by His Matie but contrariwise wth great Reason it may be stronglie presumed, that both he first came to vndertake this charge wth sinister & priuate endℯ of his owne & hath so contynued therein during the 12 y. of his gou9nt wch seemeth to be made manifest as followeth.
Charge in gen- erall
This as they say is but presumption: And contrarie to their owne Act of Court when Sr T. S. surrendered his place in wch they thankefully acknowl- edged his good endeavors the good estate of the plantacs & give him a reward of xx shares: s
Answ.
That he neglected the care of those businesses, bec9 when hee satt in the Courts he would many tymes rise & goe about intend other occasions: &c
He tooke more care of this then of all others & more ingaged himselfe.
He sent but few women thither & those corrupt.
Answ He sent a great many & those of the best hee could gett & some such whose whose Husband since hath ben knighted & made Gouernor of Virg.
He sent not Cattle sufficient for the Colonye & all of
He sent many they confess 300 in their declarac̃on.
That there was no publiqe seale made for the Company in Sr T. S. tyme: Nor no diuisions of land.
There were many diuisions of land made: but true it is the Colony was not so scattered as since. And for the Seale then that wch was then vsed was the Seale made for the Counsell of Virg by his Mates own appointmt.
That though there were ensamples of ii staple Com̃odityes in the 10th yeare of his goũnt yet in the 12 y. of his gou9nt only Tobacco & Sassafras.
There hath ben none at all since: & the charg is vntrue.
That there were few orders & lawes made in Sr T. S. tyme for gou9mt of the Company & Colonye from whence issued Iniustice a p̱ticular instance
whereof that men were sold as slaues And in his tyme a Com̃ittee appointed to consider whither it were fitt to contynue & desert the plantac̃on.
[2] There were lawes for the Company there. And none for the Colony since but where made then.
There was a generall neglect in his officers: Mr Cañing and Alderman Johnson who neu9 cleared his Accompt §but wronged the Company of
300li in fauor of the Magazin.§ and goodℯ bought at excessiue Rate And the lists of mens names and of the ɫres writt to & from Virginia not care- fully kept And that Alderman Johnson in a discourse of his to a priuate freind did discom̃end the Countrey.
This belongeth to the Officers to answ.
No fruite of thexpence of the tyme & money in generall
Here Sr T. S. gives a short Accompt of what was done in his tyme.
Thus much for neglects in Sr T. S. tyme. Now for 3 matters of a high nature.
That his Maties Instructions first giuen for gou9mt were not obserued, nor so much as published.
1
He did follow thinstructions: And gaue Coppies thereof to the President & Counsell first established: And they were engrossed fairely in a Book as a Record.
Answ.
The Counsell seldome assembled but wth the Company, and the Lordℯ §of the Counsell§ made little acquainted wth the proceedingℯ of those businesses
2
He did oft assemble them: but then they were so few that they could not so oft as he would as had be meet: And he conceaues it a com̃endation rather then an error §especially an offence of an high nature§ that in all his tyme the Lords w of his Mats Counsell were so little §troubled§ and their more weightie affaires interrupted by the businesses of this plantac̃on as they haue ben since by §with§ these businesses.
Answ.
That Sir T. Smith suffered a Booke of lawes for gou9mt of the Colony chiefely extracted out of the lawes for gou9ing the Aermye in the low Contreyes.
3
That was answered before the LLs & allowed.
Answ.
That he did ill husband & accompt for the moneyes: as if they may haue §sufficient§ tyme they giuen to find out therrors §Now for other p̱ticular errors they charge him§ And that the Treasuror & Gouernor of the Com- pany were at first beeing in themselues distinct Offices: were made one by the Kingℯ ɫres Patents: wch is supposed to be by Sr T. Smythes meanes [3] This is the Act of the ɫres Patents: 2 whereof were drawn by Sr Ed. Sandys himselfe
4
Answ
Answ:
That great ffces were giuen to the Vnder Officers wch came to 1500ɫ in xij yeares
2dly:
Theis were instituted by the Counsell & Company. & the Casheare Mr Booke keep̱ who was to haue 100ɫ p̱ Añ: was in the beg̃ of the plantac̃on thereto appointed by the L: Threas9, & so so that one plac alone by that instituting came to 1200 of the 1500ɫ but conceaues it 1500ɫ p̱ Añ in 12 y. not to be excepted against especi seeing Sr E. S. would haue no less than 500ɫ p̱ Añ for directing the Monopoly of Tobacco by wch mens goods should haue ben taken from them, changed & should against their will.
Answ:
That th Accomptℯ were not añually made: & his Accomptℯ intricate:& that the Company by his §Accompt is indebted of§ 527ɫ 13s 1d ob.
He gaue vp many & different Accomptℯ audited & allowed by men wthout exception §And all his Accomptℯ at this day stand so audited & allowed§ And there is a p̱ticular Answere concerning all allegac̃ons against his Accopt
That this want of Accomptis was a hinderance to the plantac̃on: for some sd̴ one this & some another.
This §To§ Clamor he cañot answere vnto
That some of the Lottery money was imployed in paying of the debtℯ of the Company for wch Sr T. S. himselfe stood engaged contrary to the LL agreemt betweene the LLs & the Company.
The moneyes he receaued of the Lotteryes was not much: for he left in stock 3000ɫ and Sr E. S. had 1000ɫ thereof. What was The little that remayned was payed by Order of Court: And §But§ Sr Ed. Sandyℯ himselfe confesseth that he hath pd 5000ɫ thereof the publiq stock for discharg of old debts
Lastly §Then§ they deduce all Errors com̃itted by Sr S. Argall to be vpon Sr T. S. seeing he fauored him.
Lastly they say that these things the Company could haue ben content to haue buryed in silence but that Sr T. S. hath fauored th'Opposite p̱te to the Company &c.
[Indorsed:] Breife of ye charge made against Sr T. Smyth
James by the grace of god Kinge of England Scotland Ffraunce and Ire- land defender of the ffayth &c. To ou9 Trustie and welbeloued &c * * * Knowe yee that whereas §Fforasmuch as wee§ heretofore of ou9 Especiall grace & princely Compassion §we§ did by ou9 ɫres Pattentℯ vnder ou9 great seale of England bearinge date the [blank] daye of [blank] graunt and encorporate a Company of Marchauntℯ §aduenturers§ of London, tradinge to Virginie, aswell for the good and benefitt of the said Plantac̃on wch hath bene vnder the Gouerm of Sauages and People that knowe not godℯ §as for divers other Causes best knowne vnto v§ as for the settlinge of true Religion amongst them & aduancemt of trade§ §§ And whereas we are giuen to vnderstand that for the first 11 or 12 yeares the Plantac̃on did florish, and was well gouerned duringe all §wch was in § the Tyme that Sr Geo: Smith was Trẽr for the said Company whose Care & diligence therein and of his great Charge §he hath diuers tymes bene att§ for the good of the Plantac̃on, we ou9 selues Can testifie And whereas we are giuen to vnderstand by the Petic̃on of diuers §sondrie of the gretest§ Aduenturers since§ §and vphoulders of the said plantac̃on§ Since wch tyme wee onte of §oure§ vnderstand §we vnderstand§ that diuers ffactions, and disordered people of the said Company, are onely bent against the greatest Aduenturers, and §the§ Auncient vphoulders of the Plantac̃on, onely to reape a benefitt to themselues, and t and to wronge the Rest of the Aduenturers, wch in noe wise wee maye not in Justice suffer to be done, And because wee [2] are informed and take notice that there must be a Reformac̃on had of the Euill Cariadges §and abuses that are nowe Comitted amongst them§ Or els the Plantac̃on is in dainger to goe to Ruin, Knowe yee that wee out of ou9 great Care and affection, for the Continuance of the Plantac̃on and for the good of ou9 people and for aduancemt of trade, and that the said Plantac̃on maye the better florish and be p̢serued, and the said ffactions & disordered people, discouered and suppressed, At the humble suit and instance of &c Wee out of ou9 especiall Care and Prinly Compassion haue assigned and appoynted you to be ou9 Commissioners: And we doe by theise presentℯ giue vnto you or any three or more of you power and authorytie to enquire search discouer and find owt, §aswell by oath as wthout oath§ what Offences & misdemeanours haue bene om by any p̱son or p̱sons Comitted or done eyther againste the Aduenturers Tradinge to Virginia as aforesaid §or against any p̱ticular member of the same§ as all soe to enquire and Certifie vnto vs howe you shall find the said Plantac̃on to subsist and by whom such Offences haue bene Comitted and done and whatt p̱son or p̱sons are the occasion of causinge factions & discentions in the said Company, And that you maye the better proceede herein wee doe giue vnto you or any three or more of you power and authorytie to Call before you and be assistant vnto you or any three or more of you all such p̱son or p̱sons as you shall thinke meete and [3] moste likely to giue you any informac̃on or satisfaction notice or knowledge for the Discouerie of the premises supposed to haue offended in any the p̢mises and to doe all other actℯ and thingℯ wch to you or any three or more of you shall be thought meete for the effectinge of the same And wee doe hereby straightly Charge & Comaund all and euery p̱son & p̱sons whom you shall find expedient to examine in the p̢mises that vppon notice or warrant from you or any of you they attend and come before you and be examined accordinge to the true intent of this ou9 Comission, And yf any p̱son or p̱sons shall vppon notice or warrant from you or three or more of you neglect or Refuse to come before you, or beinge before you shall refuse to be examined or answere directly to such questions as by you or thre or more of you shalbe demaunded in execuc̃on of this ou9 Comission Wee do hereby Comaund you by Certificate in writinge vnder the handℯ of you or three or more of you to make knowen vnto ou9 priuie counse[l] the names of all such p̱sons and take sufficient Caution for theyr appearance there to thende due punishment maye be inflicted vppon them for theyr Contempt And likewise that you or three or more [4] of you doe from tyme to tyme by writinge vnder the handℯ of you or three or more of you Certifie vnto vs of yor whole proceedinge vppon this ou9 Comission Where vppon we will take such further Course therein §eyther by alteringe the manner of gouermt or by appoyntinge some other gouernor for the good of the plantac̃on§ as to Justice shall appertaine In wittnes &c
[Indorsed in the hand of Sir Nathaniel Rich:] Alderman Johnsons rough draught for a Com̃ission & his petic̃on to his mat
[A note in the hand of Sir Nathaniel Rich on the back of this document is as follows:]
lo | P |
lo | A |
Mr | R |
S: | C |
N | |
S | |
C | |
D | Whi |
D | Win |
Mr | Stone |
Mr | Bal |
Geo | Stu |
J: | Em esq |
Mr | Hill |
J: | ffan |
This document is in the same handwriting as No. CCCXIV.
April (?), 1623Being nowe my self in person to goe for Virginia, I should bee verry glad to serue his Maty in such an employment as myght giue his Matie good satisfaction, and not bee an hindrance or peraduenture an vndoing to mee, by detayning mee too long from my fishing Voyage, wheron consisteth the chief of my priuate hopes in this Journey. Knowing best therfore myne owne strength or rather weakness if it were lawfull for mee to measure out my service, I suppose that during the time of my convenient aboade thear, I might peruse the whole Collony, and might render to his Matie an exact account of the present state thearof. As namely
How many ∥seuerall∥ Plantations∥ there be which and which of them are ∥ Publique ∥ & wch priuate & ∥ perticular, and priuate thear bee
What people men weomen and Children bee in the ∥ each ∥ Plantation
What fortifications, or what §places best§ fortifiable ∥ to be fortified ∥
What houses, and how many.
What Cattle.
What Armes, and ∥ Ordinance ∥ ammunition; ∥ & Ordinance mounted & seruiceable. ∥
What Corne and other prouisions of Victualls.
What boates, and barkes.
Howe the Collony nowe standes in respect of the Sauages.
What hopes may truely and really §bee§ conceiued of that Plantation.
The directest meanes howe to attaine to those hopes.
Out of all which by the blessing of Almightie god his Maties wisdom may extract such Maximes and conclusions as whearby that Collony in a fewe yeares may bee brought to the flourishing estate of a kingdome, and may yeeld bothe honnor, and Reuenue to his Royall Matie.
[Indorsed, in the handwriting of Sir Nathaniel Rich:] Headℯ of inquiry in Virginia by the Comrs there
Sir: I haue seene two of Mr Arundels ɫres in Mr Hassels 1
Name uncertain.
custody §written to Mr Canninge§ the most materiall poyntes are these, and in these Wordes: Our future miseries doe post a pace: & for prizes of thinges hee sayth: a 1000 of nayles coste 18s or 20s 1000: I haue payed 12ɫ sterlinge for a hogs- head of meale 20s for a bushell of Indian Corne and non §to bee had§ but with great men which endanger mee and myne to sterue beefore haruest: In a Postscript hee sayth: w newes was brought that Cap: Spilman was cut off by the Indians, hee had warninge of §it§ by an Indian: Hee and his men cominge with theyr armour The kinge of that place asked why hee came soe armed? Spillman ta§u§ld him of his distrust and shewed him the man that gaue him Warninge, Wheere vpon ye kinge in his presence caused the fellowes head to bee cut of & cast into the fire beefore §the sayd Capten§ his face (a bad reward to beetray him that had giuen him so faythfull a Warninge) but his owne life payd for it for ye next day hee & his men coming a shore disarmed thinking to trade were all cut of by the Indians. They tooke Mr Pountise his shallope & hewed her too pieces & came with 60 canowes to take the vnlucky ship the Tyger who had but 4 Saylers & some few land men who who whiffed vp sayles & went faster then theyr canowes & so left her. Wee our selues haue taught them how to bee trecherous by our false dealinge with the poore kinge of Patomeche that had alwayes beene faythfull to the English, whose people was killed hee and his sonne taken prisoners brought to Jeames towne, brought home agayne, ran- somed, as if had beene the greatest enemy they had: Spilmans death is a just reuenge, it was done about that part of the Country: If wee had suffi- cient prouision, wee should not neede to seeke after the Indians: It is a great loss to vs for that Cap. was a gra §the best§ linguist of the Indian Tongue of this Countrys Th If you thinke fitt to cary our Tobacco into Holland to saue the thirdes let mee know to whom I shall addere§s§s my self as your factor: &c.
Yours as his owne
P. A.
The bearers brothers name is Mr Jhon Jackson a distiller by Mooregate:
[Indorsed by Sir Nathaniel Rich:] Coppy of a peice of Arundles ɫre out of
Virginia.]
Treasurer or Gouernor for Virginia | Governour for the Som̃er Ilandℯ |
Sr John Mericke | Sr Humfrey Hanford |
Sr John Worstenholme | Mr Alderman Johnson |
Sr William Russell | Mr Alderman Hamersley |
Deputie | Deputie |
Mr Robert Bateman | Mr Richard Edwardℯ |
Mr Nicholas Leate | Mr Richard Moorer |
Mr Robert Bell | Mr William Cañinge |
Mr Thomas Styles | Mr John Dicke |
Mr Anthony Abdye | Mr Edward Bennett |
[Addressed:] To my honoble frend Sr Nathaniell Riche Knight giue theise
[Seal]
[Indorsed in the handwriting of Sir Nathaniel Rich:] Names of fitt men for Governor & Dep. in both Companys
Names of fitt men for Gouernor-Deptie of Virg-S Ilandℯ.
for Virginia | Somer Ilandℯ |
Sr John Merrick | Alderman Ham̃ersley |
Sr John Wostenholme | |
Sr William Rusell | |
Deputie | Deputie |
Mr Nic: leat | Mr Edwardℯ |
Mr Batman | |
Mr bell | |
Mr Abdie | |
Mr Ditchffeild | |
Treasurer or Gouernour of the Vir ginia Company | Gouernour for the Som̃er Ilandℯ |
Sr John Mericke | |
Sr John Worstenholme | Mr Alderman [ ]
1 Blank. |
Sr William Russell | Mr Alderman Hamersley |
Sr Humfrey Hanford | |
Deputie | Deputie |
Mr Robert Bateman | Mr Richard Edwardℯ |
Mr Nicholas Leate | Mr Richard Moorer |
Mr Robert Bell | Mr William Canninge |
Mr Thomas Styles | Mr John Dickes |
Mr Anthony Abdye | Mr Edward Bennett |
Deus Peccatores non exaudit sed tamen exaudit peccantℯ
That the Gouernors and Officers in the Colonyes may contynew as they are vntill the Com̃ission be dispatcht.
Treasurer for Viriginia Company: | Gouernor for Bermudaes Companye |
Sr Jo: Merricke | Alderman Ham̃ersley |
Mr Martin Bond | Mr Humfrey Slanye |
Mr Nicholas Leate | Mr Gibbs |
Deputye | Deputye: |
Mr Robt Smyth | Mr Edwards or Mr Dike |
Mr Ditchfeild | Mr Covell Edw. Bennett |
Mr Worselnham | |
Th' election day for Virginia officers | Thelection day for Barmuda officers |
is the 14th of May. | is the 21 day of May. |
that they have no sustenance but Corne and of that so little that vnles they be forthwth releiued by the coming of §a§ Shippe §called the Sea Flower then§ expected they will be in are in great danger of staruinge. §This Ship wch was expected to releiue the Colony from staruinge, is now reported to haue miscarryed at ye Som̃er Ilands, by beeing casually blowne vp in ye Harbour by firing of her owne powder.§ The price* of a Hogs- head of Meale by their ɫres appeareth to be 12ɫi and §sometymes 15ɫi§ a bushell of their Indian Corne xx §the price of a Hogg ten pound and a Hen Hen xvs§ and yet §none of these almost§ not to be made had for money. §the price a Hogg 1
This is an interlineation evidently begun in the wrong place.
§ Insomuch that we find one P. Arundle (who (as by his ɫres appeareth) hath taken very great paynes of late in erecting a silke house at his owne charge and in cherishing of silkewormes) whereof he conceaueth §it seemeth hath some§ good in his ɫre to Mr Jo Farrar hope complaynes that on the 15 of April last §stet§ he had left little more then half a bushell of Meale to maynteine him and his people till from that tyme till Haruest. And many §all the almost all the§ other letters in generall speake of extreame want §de mortalitie and sicknes§ and desperate dearth and famine So that it seemesG. Sandys to Mr Wrott.
*Mr Norwoods 2 ɫres speak of these prices.
Concerning the weakenes and paucitie of the p
wch of all other thinges seemeth to vs most lamentable, and §for§ wch we res[t] wholie vnsatisfied
So that we must needℯ iustifie §affirme§ that Captaine Butler howsoeu9 much traduced, for the Relation wch he made to yor Mate, concerning the p̢nt estate of that §e§ Plantac̃on in Virginia, did deale §therein very § truly informe yor Mate as by a thorough examinac̃on of all the p̱ticulars branches thereof vppon oath of many credibl[e] Witnesses & by com- paring their testimonies wth the Reports made in the letters lately come from thence we doe certainlie collect §are fully induced to beleaue.§ And we doe indeed conceave
[Indorsed:] peice of a rough draught of a Certificate [In another hand:] Rough draught of a Certificate 7 1
Shorthand symbol.
VirgThe handwriting resembles that in No. CCCX and is similar to John Harvey's. It also resembles Nathaniel Butler's, as in No. CCCXXIV. The reading "hogs" where the Historical Manuscripts Commission Report, 8, ii, has "dogs", is quite clear.
Between April and June, 1623From the Attestation of diuers sufficient and vnderstanding sea men
The Cooper
The Purser
Symon Blow mas- ters mate
Generally The landing is verrye badd bothe for men and goods.
The Carpenter
It is reported by the same persons that they haue seene goods so landed from the Abigall this Voyage right Against the companies store howses, and the gouernors howse, Armours, swords, musquets, truncks and such like goods, lye a fortnight together vncared for, euerie tide beeing over- flowed with water and the trunks readie to bee swallowed.
The Gunner
Foster a quarter Mr
The gunners mate
Likewise Iron bars and sowes of Ledd, and milstones and Grinstones and Iron furnaces, lye right against the same places sunk and couerd with sand, the water dayly overflowing them.
and they likewise report that the ould planters for the most part wish the gouernment had remained in the same state it was in Sr Thomas Dale his time and Sr Samuell Argolls time, in which time the Indians All the Bow men of those that bordered vpon the English payed a tribute of Corne and those gouernors so husbanded that busness that the Indians were forced to borrow corne for seed of the English and to repay it at theyr haruest with graat aduantidge
[In the margin]
the treasurer hath generally a badd report for his hard dealings with the planters. The companie hath a maga[zi]n out of which they do furnish such as are in need of prouision, but do ma[k]e them pay vnmercifully for what they bargaine for, as for example, A gallon of Aquauitie of 2s or * * * 1
Erased.
vid more, 6 pound of tobacco hath bin payd for it at * * * 2Torn
the pound.This voyage som passengers out of the Abigall haue died in the streets, at James towne, and so litle cared for that they haue lien vntill the hogs haue eaten theyr Corps, and in generall litle care of ought but extortinge vpon the people.
[Indorsed:] Concerning the state of Virgin.
Note of the men sent in Sr T. Smiths tyme our & aboue the 600 confessed
Noe Goates nor Swine carryed these last 4 yeares
What men sent in the Diana and others in Sr Tho Smyth Gou9mt
Exam̃ what ships ariued in Virginia after the 18th of December 1618 and till michallmas following
See the lists of men in the yeare March 1619 for all the men catle and provision wch were in Virg. at that time (saue onely 100 men sent in the Bona Noua before) are to be reconed in Sr Tho. Smyths gouermt
To this Sr Sam. Argall recons
The Guift of God wth | 250 |
The Wm and Thomas | 150 |
both ariuing in Virginia Año 1618
The George | 100 |
Mr Lawns ship wth his plantac̃on were upon | 100 |
The Sampson that Capt Ward went in | 50 |
The Edwin, Geo Bargar Capt | 30 |
Jno Powntis his ship | 50 |
The Diana | 80 |
To the right worll͠ Sr Francis Wyatt knight &c.
Moste humblie sheweth that whereas Mathew Brocbanke of Wapping in ye County of Middlesex, whoe Dyed at sea Coming ou9 into this Cuntry, & made Mr William Douglas Mr of ye Magaret & John his ou9seer, the said Mathew Brockbanck bringing ou9 wth him one Valentine Osserby his Couenant seruant for three yeeres, as by his indentures appeareth. Now the sd Valentine Osserby for and in Consideration of ye some of 200lb waight of Tobacco to be paid by yor petition9 to Mr Wm Douglas for his tyme as also for & in Consideration of 150lb weight of Tobacco to bee likewise paid by yor petitioner to the said Valentine, at the End & exspira- tion of his tearme and time of seruice mentioned & expressed in his Inden- tures did fully & absolutely bargaine Couenant & agree, to dwell wth & to serue yor petitioner as his true couenant for & during ye terme expressed in his indentures, & to bind himselfe to p̱forme this his Bargaine & agree- ment, hee toke & [illegible] a Cloake of yor petitioner & entred p̢sentlie into yor petitioners seruice & wrought wth him as his Couenant seruant, where hee appointed & Dyrected him, yor petitioner receauing payment & satisfaction for his work all wch deliuerid herein by yor petitioner by good & suffitient wittnesses before yor Worp: shalbe approued
Now it is yt ye sd valentine of late hath forsaken yor petitioner seruice & refuseth to serue him any longer to ye great losse & hindrance of yor petitioner, whoe relyeing vppon the sd valentines seruice did vndertake much worke of other men, wch now hee Cannot p̱forme, but shalbe much indemnified thereby. In Consideration wherof yor petitioner most humbly beseecheth yor good Worp, to Cause the sd Valentine to come before you, to Answer ye wrong hee hath & yett doth to ye petition9, & hee shall eu9 &c
It was first ordred, because ye bargaine was not Compleate but referrd to wrighting yt osserby wthin one moneth should Discharge pasemore of his bound of 200ɫ weight of Tob. to Mr Douglas, & loose his wages for the tyme of his seruice past, wch pasmore in lew of Damages after Osserby not being able to Discharge Passmore of yt bound was Compelled to
See Petition: 18
To the right Worll͠ Sr Francis Wyatt knight ec.
The humble Petition of ye Margaret and Johns Company
11 Most humbly sheweth that whereas yor poore petitioners were hired & agreed wth by mr John Langley late mr of the Margeret & John & agreed wthall by him for seuerall wages by the month, hee dying at sea, Mr William Douglas vndertakeing & assuming to see vs truly paid or wages, wee were Contented & willing serue him & accept of him for hor master, as form9ly wee had bin to mr Langley, & Dutifully & dilligently wee did & as yett doe truly p̱forme & discharge or seuerall Duties & offices to vs in any wise belonging, And whereas or said mr Douglas departing from hence for Canada intending in short time to returne againe, leaueing yor petioners Consisting of fifteene persons vnp̳uided of p̳uition to re- leiue or wants, wee haue bin Constrained to vndertake great paines eu9ie man to release himsefe & now can make no longer shift
In Consideration whereof & for yt the most of vs haue wiffe & Chilldren in England, whose releife & maintenance onlie depending vpon or wages wee humbly beseech yor good Worp, that if mr Douglas doe not returne by a day fixed by yor worp, that then wee may eu9ie man be at his owne liberty to dispose of himselfe, And in the meane tyme to haue p̳uition to maintaine vs, & or wages paid vs, wch out of the shipp Mr Langleys goods, & bills of fraight may easylie bee dune, & wee or wiues & Children shall according to bounden duty Contynually pray &c
The day being nominated mr Douglas returned long before it & they were sattisfied
To the right wor:ll͠ Sr Francis Wyatt knight et
The Humble Petition of Sam: Moll
Most humbly sheweth vnto yor Worp, that whereas sr George yardly kt late Gouernor & Capt generall of virginia by one Indenture of lease dated ye fifteenth of March 1620 did grant yor petitioner an estate of sixty yeares of one mesuage or tennement in James Citty as by the sd Indenture at large appeareth for the reparing & amending of wch mesuage or tenement yor petitioner hath bin at great Cost & Charges,
13
In Consideration whereof, & for that yor petioner intendeth (if god so permitt) to returne for England, I doe humbly beseech yor worp to grant mee yor free & fauorable consent to make ye best benifitt & p̳ffitt I may or Can by selling letting or settling of the sd mesuage, And as my humble Duty I am bound, I shall daly pray et
granted
Right Honble͠
May it please you to understande, yt since our laste L̃re, there cam two Indians to m[artins] Hunndred, who accordinge to order were sent vp to James Cyttie, one of which Called (Chauco) who had lived much amost the English, and by revealinge yt pl[ot] To divers vppon the day of Mas- sacre, saued theire lives, was sent by the great Kinge, wth a messuage, the effect wherof was this, that blud inough had already been shedd one both sides, that many of his People were starued, by our takinge Away theire Corne and burninge theire howses, & that they desired, they might be suffred to plante at Pomunkie, and theire former Seates, wch yf they might Peaceablely do they would send home our People (beinge aboute twenty) whom they saued alive since the massacre, and would suffer us to plant quietly alsoe in all places, The other (called Comahum) an Actor in the Massacre at Martins Hundred, beinge agreat man and not sent by the greate Kinge, Wee putt in Chaines, resolvinge to make such vse of him, as the tyme shall require. The Messenger (beinge dispatched back, wth that answere, that yf Accordinge to theire p̳mise, they would send home ou[r] People, they should quietly sett theire Corne) wthin A weeke retorned, wth Mrs [B]oyse (the Chiefe of the prisoners) sent home ap- pareled like one of theire Queens, wch they desired wee should take notice of). The reasone why the rest came not, was because Robert Poole (the Interpreter) had given owte threatinge Speeches, whom they desired To haue called home from tradinge, and that an Englishman should be sent to tell them that they might plant theire Corne securely, At ye messengers retorninge, Robert Poole was come back, but we haue dispatched the messenger alone, sufferinge him to carry Certen beads from the ffreends of the Prissoners, wch §by§ our experience of their Couetousne[ss] (we doupt not) will hasten theire retourne; Yf they send home our people & grow secure vppon the treatie, we shall haue the better Advantage both to surprise 1
Written over the words "in surpriseinge."
them, & to cutt downe theire Corne, by knowinge where they plant, wch otherwise they will plant in such Corners, as §it§ will nott be possible for us to finnde owte.Hauinge receved instructiones from you for ye sendinge home of sassafras, it was ordered by us that thre should be gathered, 66ll͠ a head for euery laboringe man through out ye coll[onie] (to wch purpose) Proclamations haue gone out longe since to all Plantations, vppon the penaltie of 10ll͠ waight of Tobacco, for euery 100ll͠ waight of Sassafras, not brought in by the first of marche, wch p̳portione, most of ye principall officers, & others about James Cyttie haue deliuered aboorde, as appeereth by the ladinge, the rest haue fayled by rea[son] of theire buildinge, and vppon theire removinge * * * 2
The words "to theire" written over two other words and then canceled.
to theire Plantations, but shall paye theire forfeittures at the next Cropp, since they make a great matter of this p̱ticuler, wch by Experience wee finde is nott of such difficultie as they p̢tend,The desire wee haue to send you of the fayrest sorte of silkegrass, wch ys towards the Suthwarde, (whyther we could not yett sende, by reasone of the Troubles of ye last ye[ere)] hath enforced us to respitt it vntill the next shippinge, at wch tyme, we hope to se[nd] it accompened wth yt earth of the nature of terra Lemnia, to be had in Potomack River (both if they proue of value) we cann send you in abundance.
What ys donne Concerninge ye duty boyes, the Cyttie boys, and the Cyttie maides, Mr Threasurer will informe you.
Capt Nuce beinge lately dead, Mr Threar is goinge downe, who will take an Accompt [&] give you to knowe in what state your affayrs there doe stande, wee Conceave it [to] be the most advantagious Course yt your officers (wch haue ye Comand of youre Re * * * be bound to give you yeerely a Certen rate by the polle, for soe many as shall * * *, and an Accompt to be taken of them yeerely by Mr Threasurer
We haue lett as many returne to theire Plantationes as haue desired the same [we] could haue wished that your Comands, had concurred wth our opinions of planting together for (nott to speake of other in- conveniences) though they went foor[th] * * * p̱tiys yett the in- fectione (in great p̱te) brought in by these shipps, hath * * * them alredie, not only in the losse of ordinary men, but alsoe of theire Com * * * and how much fourther it may p̳ceede in the Summer, we know nott, it Ly[inge] in the good p̳uidence of the Highest.
[6a] Wee must needs beseech you, that strict order may be taken, for ye p̳visionℯ for ye shipps be well Conditioned, for it is Certaine, That Duppaes beare hath beene the death of A very great number of ye Passengers and others after theire Landinge, & yf he bee notte by your authoritie made an Ensample, you are like to be noe better served, heerafter, and the Plan- tatione to be much ympayred, both in reputation & strength,
What hath been donne concerninge the Peticions recomended vnto us Mr Secretary will informe you.
Captn Eache died soe sodenly, as wee could nott vnderstande his p̳iecte nor his groundes for the p̢feringe it, but Capt Roger Smith, wth ye best experienced of the shipp beinge sent downe to proue the place and trye the grounde, fownde all, but the vppermost crust (of oyster shells) to be a false loose grownde, of a deapth wch they could nott discouer, whervppon all those of the shipp (yt pretended any knowledg in such woorks,) refused absolutly to medle wth it (receavinge this answere, wth the Testimony of Capt Roger Smith) we gaue order they should make all the hast they could to retourne for Englande (it noe way appearinge to us, by the Charter p̱tie who should vndertake the busines, in case yf Capt Each die §his death§) They were wholie ympployed about the lighter, a vessell of noe vse, and wth ill aduise brought ouer, wch they haue not yett finished, nor thought we it fitt to detayne the shipp (beinge of soe great a Charge) for the finishinge a thinge of soe smale ymportance, Beside the most of those that were shipped for Carpenters, fell sick of ye Scurvy (But observinge vppon vewe of the place, That a forte vppon the shore, would as fully Comande the Channell, beinge not aboue muskett shott ouer) wee intend owt of hande to fall vppon yt worke and haue raysed every 20th man out of the Colonie, vnder the Comande of Capt. Roger Smith (whom we haue Entertayned to yt purpose) A man of most knowledge in those affayrs, And now the Gournor wth divers of the Councell, are goinge downe to sett out the forme therof accordinge to the nature of ye place, the number of workmen wee purpose to encrease as we shalbe able.
As for ye fraightinge of the shipp, wee are exceedinge sorry yt she returns thus empty, it not lyinge in our power to help it, except we should haue forced both planters & adventurers to send home theire Comodities in the shipp, and haue caused theyrs to returne, without theyre owne goods, wch we conceave, would both haue wronged them, and not pleased you, Besides Mr Blany shippid agreat p̱te of the Magazine Tobacco in the hopewell, (by order as he affirmeth owte of Englande) How vnable wee are to Sustaine these burthens, wherof the Charge ys soe Certen, the frewt and effect soe vncerten (not to saye vnlikely) our great troubles, and this yeers povertie, too sufficiently Testifie, but at the next Cropp (by the grace of God) we hope not to faile to giue you Satisfaction, but we must beseech you, (for the tyme to Come) we may haue fare §for§ knowl- edg of bargaines of soe greate a Charge, lest as this, they growe §proue§ see expensive and vnprofitable.
Thus desiringe you to conceaue, yt you shall always finde us redie for the good of the Colony, to doe our vttermost endevors, we most humblie take our leave, & remane
At your Comand.
James Cyttie Aperill the 4th 1623.
Francis Wyatt
Georg Yardley
George Sandys
John Pott
Roger Smith
Chri. Davisone
John Pountis
Right Honõble &c
Wee haue by a succesfull stratageme, not onely regayned our People, but cutt of some kings, and divers of the greatest Comanders of the Enimy, amongst whom wee are assured, yt Apochancono is one, it beinge ym- possable, that he should escape, ye designe beinge Chieflie vppon his p̱sone, and that happiely exposed to the princypall dainger; by holdinge them in a longe hope of peace, Wee have come to knowledg of their places of residence, & theire Corne ys now soe forwarde, that is to late for them vppon this fresh occasione to remoue, So that wee doupt nott, to geve them shortly a blow, That shall neere or altogether Ruinate them.
pag: 7
The fforte goeth Cheerfullie one, for the number of our people, and the many services they are to be ymployde in, and we conceaue it woulde bee of specyall Consequence, yf you would bee pleased to graunt A Comis- sione for 2000 acres of lande of inheritance, to such, as shalbe willinge to plant aboute it (wch the socyetie may well spare) there beinge lande ynough besides, & better then that for 20000 planters, Wee desire you we may have yor peremptory answer, to this poynte, for the faylinge of the like, to divers of our Letters, hath beene a great hinderanc, to our p̳ceed- ingℯ. The like respect must bee hadd to all p̱tes where Cytties & fortified Townes are to be builte, there beinge many fitt places for that purpose in this River, And many forwarde planters alredie wante Roome to seate on.
Martins hundred alsoe would be taken into your regarde, wch greatly ymporteth, the security & plentie of this Plantatione, & wthall the dis- tructione of the Salvages, in that we shall haue thereby a swifte passage to theire princypall seates, and the better Comande both of this & the other River, Which must be supplide, and that speedelie * * * §with§ greater numbers, that may make good, this theire now Inhabited seate, & that of Chesceak, A pale beinge runn betweene Wynns the whole forest, and makes it inaccessible to ye Salvages, An excellent place & not fitt to be left unpeopled any longer, And to the ende theire bad returnes, may no longer Discorage them, Wee thinke it the best course, both for them selves, their officers and Servantℯ, yt the Comanders be agreede wth for a Certen rente yeerly, for every one by the pole, that shall live, under- takinge also for all publique Charges, & advancement of Staple Comodi- ties, Men seasoned, & experienced in this Countrey wilbe fittest to Comand. by this means, they may alsoe haue a stock of Corne to Victuall such People as they shall send over heerafter, to the great dim̃inition of theire Charges, The like course we could wish, might be Taken, with other Socyeties (as we haue forme[rly] advised for the Compenies Ten- antℯ) Submittinge our opiniones, to your better Judgmentℯ
Wee desire to know yor pleasures (since it is not mentioned at all in your Instructions, haveinge bee[n] doupted by divers, and leaue not graunted by any late Comissiones, whether wee shall make prize of such dutch, & french, as wee shall finde to trade with the Salvages wthin our Limitts.
The Colonie (God be thanked) hath recovered health, and nothinge wantℯ more, then sudden and great Supplies of people, well furnished, to give perfectione, to this noble Accione, wch wee beeseech the Allmightie to p̳sper, both your and our endevors
Thvs wee humbly take our leaues & remaine
At your Com̃andes
Fra: Wyatt
George Yardley
George Sandys
Chr: Dauison
Jo: Pott
Roger Smith
Jo: Pountis
Sr
I beseech you to hold mee excused, yt I haue not wrot ofener to you, in my ɫrs to Sr Edwin Sandys, who com̃unicates all his thoughts wth you, I haue exprest what I concieued materiall.
I vnderstand, that Capt9 Whitakers charges eight of the Companies Tenants vpon my accompt, which because it may at first view be vnder- stood, as if I had had the benefitt of them, you shall know, that two of them being Sawyers and parcell Carpenters namely Greuett and Griffin were entertained im̃ediately before the Massacre to worke about the intended Inne, and after that about the Palisadoes, the Court of guard &c So as there §is§ due from the Corporacion of James Citty sixe score wt of Tobacco from them both, which could not be payd this yeare, our Computacion fell so short, and publique duties so heauy: Wm Smith was allowed for my guard, as one of the thirty, which the country assigned mee: John Blisse being a Smith was employed in his trade, but the other working with him falling sicke, he gott little, yet at next cropp you shall recieue ratably: Roberts was hired to Gates, and Burland to Capt9 Norton by their Capt9 with my consent, and deserued well͠ their wages: why it hath not beene gathered in was not my fault: Swartbrick kept my Cattell and Capt9 Wm Powells, for which wee stand accomptable for as much as any yor Tenants pay. John Radish was lett out for Rent, but after the Massacre, (being furnished with neither cloathes nor pro- uision nor well in health) his Mr kept him to find and cloath him onely: There was neither ground for these to plant, nor prouision, and therfore I gaue way that 3 or 4 of them should be lett out: and you see how lost a yeare it was, els there had beene made an agreement for 100wt of Tob: and three barrels of corne for each: since Capt9 Nuces death Mr Threasuror for the yere [2] to come will take order, that which is past hath beene in effect lost: I placed Capt9 Whitakers vpon the best ground I had, where he had neere 5000 wt of Tobacco, if he placed no more of the Companies Ten- ants there, but two, and I had no more ground to spare: indeed I was streightened for roume, and such was the charge of guarding, as I had not aboue a 1000 wt of Sixteene Tenants of mine, yt Planted at Pasbehaighes. Truth is I was faine lend many of them (hauing wiues and Children) more corne, then all their Croppe of Tobacco was worth: Therfore You will not by this yeare esteeme what successe may be hereafter, it was my ill fortune to come when mischief was breeding couered ouer with a treacherous peace: and thinke of supplying mee, though but for vpholding the reputacion of my place: Fauour vs what you may both in yor conceptions of what is feazible by vs and in charging vs, ere wee be recouered, and belieue Con- fidently if you were here, you would think wth vs: The Margarett and John lighted in the Company of a Dutch Ship who said he would come hither, I should be glad to know, what is to be done in those cases, as also to haue a Copy of the Patent, wee hold by: Our people are so carelesse, as if you please to thinke of some com̃ission for a Martiall Court, at least ad terrorem, with what limitations you shall please for cases of life, it may do much good: wee had lately some cutt off a trading, who I know were strong enough, and it manifestly appeared they were surprised because there was not a piece discharged: without §doubt§ either wee must drive them, or they vs out of the countrey, for at one time or other they play vs false, and indeede all trade must be forborne, and subsist of our selues, which hitherto our necessity forced vs vnto: [3] Here are two Ships newly come in the Margarett and John, of which wee were in despayre, and one from Mr Gookin with 40 men for him, and 30 passengers besides: the first is in great distresse for prouision and like to be burdensome to the countrey for that: the other very scant also, both hauing=[sic] long out, and suffred extreamly in their Passage: God send vs in some ships with prouision to ballance the[m] 1
Torn.
Were it not that wee are cast behind hand for corne, a[nd] our men stand so yll to health, you could not expect that w * * * might not be performed: I hope one day to see you here, at least to view that countrey, you bestow such paines vpon, if not to bestow that labour here, if the place be worthy of you: Our aduises are so yll belieued and receiued, that it is of great consequence you were resolued whither wee are abused by those of older experience in the countrey, or §wee§ all ioyne to abuse you by wrong enformacion o[ne] of which you belieue of vs: but pray God the Plantacion suffer not more by ytt, then wee in our perticulers: I Rest
Yor friend to do you seruice
Francis Wyatt
The 7th of Aprill 1623
Pray remember my seruice to yor worthy brother, and those other my
honored friends, that assist yor Courts: I feare in naming I might leaue
out some:
[Addressed:] To his most esteemed friend John Ferrar Esquier at St Sithes
lane these
[Indorsed in another hand:] L̃re from Sr Frauncis Wyatt to Mr John
Ferrar ye 7th Aprill 1623 by ye Abigall
No. 27 is the holograph (signed) of Sandys' letter; but is torn in parts. No. 35 II is a copy amended in its spelling sent by Mandeville to Secretary Conway with his letter. (See List of Records No. 531.) This transcript is made from No. 27, with supplements in brackets taken from No. 35, where No. 27 is torn.
Worthy Sr, I have sent you the coppy of my Letter by the Hopewel how coppied, I know not, for I have not the leasure to pervse it. N. P. Of all your depts, & the tobacco dew for the saile of their times wch belonged to Sr William Nuce (of whom 3 onely are alive) I can but receive a hundred weight, wch I am ashamed to send you single Som fault I must lay vpon the tardy receait of your accounts, wch I have often importuned. I have divers under arest, & distrained on the goods of others; but the Country is so empty of tobacco, that no present satisfaction wilbe given. Let it be accounted my fault if you have it not the yeare following wth arerages, for I wil trust no more vnto promises but seaze on their crops before any be distributed. The like Counsil I gave Mr Blany the last yeare (for yoyr §your§ informations cam too late for me) but he trusted too much vnto those who had never formerly faild him. Leifetenant Perce hath tak[en] order in England to pay you the 501 wch he owes.
I have beene at Kicotan to order your affaires in that place. Captaine Nuce died very poore: he had no crop of tobacco this yeare, nor hath any of the tenants a graine, hardly, of corne to sustaine them. it is aledged that most was spent in releiving of those that came thether for succor. But they lay al on the short provitions sent wth them: by wch meanes they [do] depart wth most of their corne as soone as it is reaped to dis- charge their borrowings & besides the Companyes tenants are planted on the barrenest places in al the Country, by reason of your affecting of cleared ground, wch is generaly worne out, & vngrateful to the planters. Captaine Whitacres lost yearly his labor on the place where he was seated. Of him onely I receaved 180 waight of tobacco, wch wth 20 more, I payd to Mr Cleyborne for his wages according to your agreement. He is now at Kicotan, drawne thether by Captaine Nuce a little before his death. I have disposed of things there in this manner. I have taken Captaine Whitacres bond to pay you for the tenants, together wth those wch he formerly com̃aunded, a hundred waight of the best tobacco a man, & 15 bushels of corne, (besides a like proportion for themselves) wch is as great a rate as any wil do give, & more then most men can make. Captaine Wh Wilcocks pays 20 waight les a man, being compounded wth before: & Captaine Smith shal pay, if he have his, as much as the most. By this meanes you wil have a constant rent, & equal the gettings of the privat planter, the moyety for the tenant deducted: wch other wise wil com (as it hath don) vnto nothing. The tenants that belong to Captaine Nuce his place, I have suffered his widdow (provided that it be alowd of by you) to enioy them this year: not out of charity onely, although she hath nothing left to sustaine herselfe, & her poore child (her houband [sic] having sould his land to furnish himselfe for this place; she being besides a woman of good birth, & better conditions.) but partly out of right in that he livd a good part of the yeare, & partly out of necessety; they having no corne nor we able to help them wth any, the Seafloure not [2] yet arived; so that they must have famished, or by shifting abroad returnd you no proffit. You may hereafter save the charge of a Deputy, who can no way advantage you in I have sent you hereinclosed the names of al your tenants that are living; Wth the times past I wil have nothing to do; but for the future I doupt not but to give you contentment. Your pinnas lies like a wrack at Elizabeth citty; wch hath brought in this year not les then 1800 bushels of corne, & yet, wch is strange, not any in the Colony so nere starving as they. I sent Nun wth his fellows (of whome none deserve the name of a shipwrite) to vew her; who writ the woord that 1501 would not repaire her; wch was twice as much, if not more, as she cost: but one having offered to buy her, I suspected som knavery, & vpon my com̃ing downe had her exactly serched, & found that no great matter would renew her: so that I have set both them & others vpon her. yet sailes & tackling we shal want except you supplie vs: & I doubt not but to imploy her to your better satisfaction.
The Vinerouns are placed together at Elizabeth Citty & altogether im- ployed about silek §silck-woormes§, that we may preserve the seede & send you home som silck the next yeare. for the planters are so busied about rebuildings & prepareing theyr grounds, that few, at this time, ether can, or wil atend them. Yet for my owne part I have set 4 to do nothing else: & im prepared the chamber where in I ly at Leiftenant Perses (the fairest in Virginia) for that purpose. I heare the Frenchmens times com out the next yeare: you must vse the meanes to procure their stay, & send more of their quality if you would have that woorke goe realy forward.
Since my last letter I have sent my shallop with my servants as far almost as the fals for sand for the Glasse men, but can §could§ find none that would serve; & since to Cape Henry, where they lighted of that wch they like (however send us two or three Hogsheds out of England) if it be not disliked in the tryal. Al the servants are dead, wch you must supply, for the charge is intollerable to hyre them: wch, wth their provitions, lyes al vpon me, that am not able to feede my owne familie. And, to give a greater blow to our necessitys, the Tygar sent forth a trading wth Mr Puntises pinnace vnder Captaine Spilman (a man warie enough hereto- fore & acquainted wth their trecheries) is not onely returned empty, but himselfe wth 26 wel armed, sufficient to have defended themselves against 500 Indians, are cut off or taken prisoners; ether by ambushes or too much credulity: for as yet we know not the certanty. the ship attempted by 60 canoues (not above five of the seamen aboard) but were dispersed by the discharge of their Ordnance. So that if the Seaflower com not quickly in, there wil hardly be found a preservation against famin. And, by the way, to our no little discontentment, we having wth great expence set out that ship to Somer Ilands for furnishing the country wth their frutes, in print you have given the reputation [to another] Sic vos non vobis.
[3] Since our general letter we have vewed the place where we are now goeing about to erect our fort; naturaly almost intrenched about wth deepe ditches: wch, by the grace of God, shal not want our vtter most indevours in the finishing. We shal need great ordnance, whole Culvering & demy- culvering at the least. And if God shal prosper vs, we wil frame a plat- forme hereafter & sinck it on the opposite flat, to large enough to containe 5 or 6 peeces, & thereby make the passage more vnpassable for an enimy.
Qy Answer to Capt Butlers Un- masking of Vir- ginia 1
In pencil in modern hand.
For Silke gras, earths, rareties &c, it was impossible for me this year, by reason of the trobles & want of meanes to send you any. But if I can make the pinnace Navegable, & furnish her (wch I shal do the better of your healpe) you shal never [haue] occation to complaine in that kind.
It would wel please the Countrye to heare that you had tak[en] revenge of Dupper for his stincking beare; wch wth what [hath] succeed by their contagion, in my conscience hath beene th[e] death of 200. You have imployed a strange Purser: a m[an] wthout witt, or out of his witts: who hath lost much & never d[e]livered a great part of his good; throwing them vpon the shore scarce above the hygh water mark, wthout the informing of any, or setting any to guard them. But Mr Tucke deserves your thancks, & our com̃endations.
Great are the likelyhoods of the vicinity of the South sea by a general report of the Indians: the mountaines being, as they say, not past 4 days iourny above the falls, they two days over, & rivers on the other sid there into of no great length. I 2
"Yf" in C. O. 1, Vol. II., No. 35II.
I were furnished wth meanes, I would willingly venter my life in that discovery. but we want asineicos, provisions, & numbers of men fro for such an attempt: wch requires a general purse, & patient expectance of proffit. And indeede theise slow supplies, wch hardly rebuild every yeare the decayes of the former, retaine vs onely in a languishing state, & curb vs from the carrying of enterprise of moment. As this is in the greater, so is it in the lesse. for tis a great pitty that so goodly a territory as Martins Hundred should be no better followed: by wc they certainely loose what they have already ventured. who might, wth a forward hand, secure that place, & raise to themselves an vndoubted proffit; besides the honour & example.It doth greive me much that your noble disposition & burning zeale to the good of this place should incounter wth such dishartnings, & be burthned wth so many ingagements; but I hope ere long we shal remove the first, & free you of the latter: Wherein their shalbe nothing wanting that lies in the indevours of your
Your devoted servant
George Sandys
From Nuports Newes 8 April 1623
[Addressed:] To his most respected freind John Farrer Esquier at his
house in St Sithes Lane.
[Indorsed in another hand:] New England Newportℯ Newes from Mr
George Sandys to Mr John Ferrar the 8th of Aprill 1623 by ye Abigall
Sr
One thing I had forgotten to informe you of. Wee haue here a verie weake Councell, few in Nomber and those for the most part either not respecting greatlye the publique, or of no sufficiencie. Sr George is taken vp with his private, and attendℯ but the other as it were on the [ ] 1
Blank.
Besidℯ some will say that he desires not that his goũnment should bee Ecclipsed by his Successors. The Secretarie and yor Doctor are no more then Ciphers. Mr Puntis meanes well, Capt. Hamor is miserablie poore and necessitie will inforce him to shiftℯ. Captaine Smith is fitter for Action then advice, yet honest in both. Here are all, and what is worst, I know not well how wee can bee supplied in this Countrie. Capt: Mathews intendℯ wholie his Cropp, and will rather hazard the payment of fforfeitures, then performe our Injunctions Capt Tucker is industrious and fit, if the Cariage of yor buisnies here disable him not in your Censure: yet I doubt not but hee will make you an honest Accompt Mr Blanie is now married in Virginia, and when he hath discharged your trust in the magazine wilbee a Planter amongst vs. he is forward in whatsoeuer Concernes the Geñall and of a good vnderstandinge, Neither is Leiftenant Peirce (now Goũnour of James Towne) inferiour to anie, expert in the Countrie, who refuses no labour, nor stickℯ at anie expences, that may aduantage the publique, and of a Capacitie that is not to bee expected in a man of his breedinge nor wilbe euer borne (wch Sr George Yardlie knowes) [2] by the bigg lookes of his letters Theis are all that are worthie the menc̃oninge And I would you Could perswade some of qualitie and worth to Come ou9 for that Purpose. once more farewell.
Yours
G: Sandis
11 Apr: 1623
To my worthie ffreind Jo: Ffarrar Esq9 at his house in St Sithes lane
[Indorsed by Sir Nathaniel Rich:] G. Sandys to Mr Jo: Farrer concerning
the weaknes of ye Counsell.
Noble Sr
Our diligent Aduersaries, neglect noe time. This Easter-Eue, they stole a Court vpon vs, their sealed Beagle, warneinge only their owne side: but by great chaunce some of ours comeinge to an incklinge of it, presented them- selues, vnwellcom'd: who haue made thes obseruations ther. 1. that Our Petition and my declaration are as yet (as far as they can perceiue) both vncopied and vnknowen to them in the Perticulers. 2ly The Petitioners haue bin (by Sr Sackfeilde) openly tearmed Traytours to the Company, for deliueringe the sayd Petition to the King. 3ly My selfe was publickly taxed for deliueringe any writeinge whatsoeuer concerneinge the Company, (though vnto the King and by his Command as this was) wthout first acquaintinge their Court wth it. 4ly most odd and sencelesse Propositions haue bin offred to a decision by handes. 5ly They proclaime, that they will deliuer a Crosse-Petition to his Maiestie ye wch they saye, shalbe waited vpon by as good a man as ours had any. 6ly They blurred vpo9 my Lorde of Warwick in the point of the Treasorour and accordinge to their wont, wer braulinge, loude and violent. I leaue it to your true iudgment (thes considered) whether it wer not fitt that my Lorde wer hasted in his returne from Rocheforde and that in the meane time your noble selfe aduised throughly what Course to take herein; this is the desire of our whole Company and mine, who shall euer rest
Your true freinde and seruant
Nath. Butler
[Sealed with coat of arms.]
[Addressed:] To my noble and honored freinde Sr Nathaniell Riche
[Indorsed, in Sir Nathaniel Rich's hand:] Cap. Butlers ɫre conteyning
certayne passages of the Virg: Court vppon Easter Eue.
The aunswere of diuerse of the aduenturers, & planters of Virginia, and the Somer Ilandes, to a petition, exhibited to his most Excellent majesty, by the Lord Cauendish & some few others, in the name of the Companies
It is auowed, that Alderman Jhonson, did deliuer to his Majesty, a petition, which was presented, by the assent of many adventurers, then personally present, and of many more, that were absent.
But, that the informations, in it contayned, were in any part vntrue, eyther touching ye Suppliantes, or in derogation of the forme of gouern- ment, established by his Majesty, is vtterly denied:
And it is a conjecturall, and vncharitable censure: they neuer haueing seene, our petition: (as is implied by themselues) in ye next clause of theyr petition:
And the former petitioners conceyue themselues vnworthy such imputa- tions, considering theyr petition was approued by the honorable borde, and the branches of the prayer, referred to bee examined by Comissioners:
Neyther had they cause, to complayne that Alderman Jhonson, denied them a copy of the petition, for hee expresly told the comittye, that required one, hee had no copy which his assertion is true.
Theyr desier, concerninge ye hearinge the complayntℯ cleeringe ye in̄ocent, and pun̄ishinge ye delinquentℯ, was ye substance of our petition, & wee most humbly submit our selues, to his Majesties order therein ∥ and as wee conceyued the Course of com̄ission was the which wee desired was the onely fayre and ready way to prepare those busines for theyr lordships hearinge: which theyr honours also approued and ordred:∥ and we have cause to
The pretended truith, of theyr informations, (contayned in theyr double papers requires a large discourse, & shall receyue a full aunswere in his due place: But wheras they fortefy ye verity of theyr relations, by ye examination & approbation of both ye companies in theyr Courtes; wee aun- swere, that it was onely propounded, & confirmed in a confused, and Surreptitious Court; vnseasonably called on Ester euen, & begun at an early, and extraordinary houre, when men were at theyr devotions; vnto which very fewe were warned, but theyr freindes, & confidentes; in which alsoe one vnwarned ∥being ther∥ then by chaũce, there ∥and∥ findinge ye assembly strange, both for time, persons, & matter then handled, publiquely demanded, whether sum̄ons were giuen, to those that deliuered ye first petition; seeing none of them were then present: vnto whom, it was by one of the most eminent persons in ∥yt∥ Court, as publiquely answered: That if any of them were ther they shold bee desired to forbeare: And this is the more worthy consideration, for that ye ordinary day appoynted for those Courtes, was ouerslipt; and this sodaynly, and extraordinarily called, onely for this purpose: There being nothing else done therein; which course hath too frequently bene practised of late: thereby to effect theyr desseignes and priuat endes:
As for those, sayd to be for sundrie yeeres, the disturbers of the orderly, and peaceable proceedeinges of the Companies and termed Associates of Alderman Johnson: wee must professe, we know none suche, and therfore require a more perticuler Charge: generall aspersions in these kindes being euer to be suspected, and disclaimed; and this Course is so generally affected by our Selues; as it is our true desire, that noe priuate man, may euer be suffred to shrowde him selfe, vnder the cloke of the Publick name of the Companye, but that euery man may aunswere single for himself.
[Indorsed] The answere to the petition.
Sr
If I shall not giue you such satisfaction, by these, as you expect, & I desire, my long sicknes, & absence from the §most of the§ busines, since my arriuall, may somewhat excuse me, in your fauourable construction; & I doubt not, but you shall receaue information, touching the most matters of greatest importance, from others, whose acquaintance hath beene more, with the late proceedings, then myne. I had sent a list, of the names of all the people, that dyed or were slayne, by the Indyans, since the massacre, & of all that remayne aliue, but since I could not in tyme procure the bills, from many perticular plantations; I thought it better, to send you a perfect catalogue, by the next ship, then a lame & imperfect one by this. My earnest desire, & endevour, haue not beene want- ing, for the sending the Tobaco, by this ship, to pay Mr Bland his 30li; but I could not as yett receaue that poore quantitye of Tobaco, due to me from my 5 tenants (which are all I haue remayning aliue) nor one grayne of corn, to help us, in this tyme of scarcitye; by reason, they are seated so farre of, as the eastern shore, & other meanes to rayse it, I could not yett possibly finde any; but by the next oportunity of shipping, after it cometh to my hands, you shall not fayle to receaue it; with 3li more also due to Mr Bland, for the transport of my brother Thomas Fynch (who dyed soone after his arriuall) in the stead of my my little daughter; about which you were pleased to send a few lines to Captayne Eache. Sr The benefitt of my place is so meane, hauing so few tenants remayning, & so little proffitt by them in this troublesome & chargeable tyme, that if the §Company§ be not pleased to consider & repayre my greate losse by the want of the 14 or 15 tenants & §certayne§ cowes (promised) this two yeare. I shall haue small cause to rejoyce by these imployments in their service; but I presume I shall alwaies finde you (as you haue euer been) ready to afford mee your §fauour &§ furtherance, in any thing that shalbe just & reasonable. [2] The Margett & John accounted a loss ship (after a long & tedious passage, much distressed for want of sufficient provisions) arriued heere about the 7th or 8th of Aprill. Not long after (about the 10th day) the ship sent by Mr Gookin, called (I think) the Prouidence, came also to Newports newes. But the Seaflowre is not as yett arriued, though shee haue beene long expected, whose supplyes of corn & other provisions, oure greate necessity, at this tyme, make to §be§ extraordinarily desired. I haue sent you answer to as many of the Petitions as haue been ordered & shalbe very carefull to call upon those that haue not yett been deter- mined, & to send you (how they are ordered) by the next shipping. Thus rememembring my loue & service to your self & Mr Deputy, I rest
Your servant,
Chr: Dauisson.
James Cittye: Aprill 14th 1623
[Indorsed:] L̃re from Mr Christo: Dauison To Mr John Ferrar from James
Citty Aprill 14th 1623: by ye Abigall
That the Com̄issioners require all the Recordℯ of the Court to be brought in vnto them together wth the Duplicates thereof, and the Court Bookes wch should warrant the s̃d Recordℯ, and the Blurr bookes wch should warrant the Court Booke and is the first ground of the Recordℯ: that it may [be] discouered whether there be any differences betweene them.
That all the publick letters wch came from Virginia &c may be produced, and that it may be examined vpon oath whither those ɫres were written by Instructions from hence or no. And whither at the same tyme Sr E. S. §&§ Mr fferrar did not receaue letters from the Gouernor and Counsell of Virginia or some of them in mayne pointes concerning the §true§ state and condic̃on of the Plantac̃on contradictorye or diuerse from what was publicklie read in Court. And whither it hath not ben deliuered §*to some in priuate§ as a reason why the Gouernors letters &c haue not ben read because they did trulie discouer the state of the Countrey and did not conteyne any thing that may §might§ giue content or to that effect.
*Mr Rosteghan
To desyre of the Com̄issioners that such of the planters company as shall be willing to take paynes in the premises to take notes out of the s̃d Recordℯ & letters and prepare business for their hearing.
The vast and wildℯ §wilde§ proiectℯ of Sr E. S. haue ruyned plantac̃ons: thes writt from virginia, as 4 Iron workes at once wh & none §all§ of them by halfes whereas one or 2 might to be effected:
That ye prosperity of ye plantac̃ons sett ye Indians on work to ye massacre
Concerning the lotteryes who they were yt were imployed in them, by whom, wt reward was granted to them, who mooued for that reward How they were putt downe: what was collected, and what p̱te the lottery men receaued to their owne priuate and whether any shared wth them.
How the Countrey is planted, whither vpon the generall stock or privat men vpon Patentℯ—how many patentℯ are granted & how many of them p̳ceeded on.
To call to mynd a p̳posic̃on w Mr Gibbs puttℯ Sr me in mynd of & Sr N. Rich made at a meeting of the Counsell that a shipp wch was then going to Virginia wth a great many men might be stayed bec̃ there was no p̳uision for the wch was seconded by Sr D. Degge and Sr Jo: Worselnham and others: Sr Ed. Sadys did after chide Mr Gibbes and Jo. Wroth that they did not oppose t. p̳posic̃on. And sed that Sr E. S. his vayneglory & he would say he had sent so many men in one yeare was the destruc̃ of many of the Kingℯ Subiectℯ.
To examine wt the sending of Sr ff. Wyatt and Mr G. Sandys cost the Companye s sayd 2000ɫ at least.
Vpon what groundℯ the Pl we obtayned the Chickohomenes Countrey s sayed & vpon what groundℯ the occasion was giuẽ of the last Massacre
Capt Bargrave
s sayed that Sr Tho: Dale made these Chickhomenes th K James his serutℯ & procured them lyueries: these were a people that lay betweene or Colonye & Powhatanes Countrey who together wth his Brother Opichankano plotted when Sr G. Yardly came thither to breake the league betweene vs & the Chickhomenes & effected it thus. Opichankano §p̳fessing much frendship§ sendℯ §giues§ yardlye aduertisemt yt some of the Chickhomenes had killed some of or cattle & swyne: yardly desires a parlye about it. The Chick- homenes to the nomber of 2 or 300 assemble themselues to treat. Thither came Yardly & 100 men armed (and as it seemes by correspondence with Opichankano) In stead of p̱lying with Chickohomenes yardly com̄andℯ a volley of shott to be delyuered amongst them & kild 30 or 40 of the s̃d Chickhomenes: This p̱fidious act made them all flye out & seeke Reuenge, they ioyned with Opichankano & having by stealthes & murthers diuerse tymes afflicted such of or Colony as they could meet wth & daili offered them wrongℯ, No Reuenge was taken but all putt vp in so And all meanes vsed to pacifie in so much that before the last Massacre, or Colonyes were almost made subiectℯ to the Sauages, and they gr §Sauages§ herevpon grow- ing insolent* took the aduantage of the s̃d last Massacre wch if this relac̃on be true was seemes first to be occasioned by or owne p̱fidiouse dealing wth them & then supine negligence in letting those furious wild people to grow vpon thẽ & to delude them with faire shewes
* hanging of a dogg publickly by the Counsellℯ Virginia
qre of the new ɫres come by the last Ships from Virginia wch speake of great miserie there for want of victualling yett the Counsells ɫre from thence wch was publiqly read desired no more Corne.
To examine whither all that haue gone to the plantac̃ons haue taken the Oath of Supremacie according to the pt.
[Indorsed:] 14 Ap. Notes taken for informt by the Comissioners for Virginia.
Right Worshipfull my humbull duty remēbred &c. I have reseued your letter sent me in the Seflower wher in ye write that ye hope I haue reseued your letters sent by the gouerner and Mr Shirife wch I did & I hope ye haue reseued sattysfactyon conserninge them, but for my beinge in plase of gayne I am not nether euer doe I expecte to be and for beinge a counseler that I am though wth no profit & god willinge I will behaue my sellfe, so that I will doe nothinge but what shall be fitt, in it: for my studdy shall be to p̱forme my plase to the glorye of god & the good of this Cuntry: Kynd Sr I humbley thancke you allwayes for your Paynes care and trauell for me and in my busynes & for your greate care in defendynge my good name & repitatyon the wch by that machauill butler hath ben sought to depriue me of to the vttermost of his power both by Candelus lybells sent and allso by exactynge his atorryty as ye shall perseaue in my former letters, eauen to the vttermost of his power for the takeinge a waye of my life, for his clarcke, toke a fallse othe agaynst me wch aughter ward he be inge trubled in consyense Confessed and desyred god my sellfe & the cuntry to forgiue him I culd relate unto you maney other such diuelish practyses that he in uented agaynst me, but god for giue him hom I dout not but will still bringe the truth to light and defend the in o sent. my worthey friend Mr Right wth hom I had good corespondance & for house death I did much greue in respecte of the losse of that I find of him. he mad a god ley & a Christyan lyke eand wch god of his mercy grand we may all doe the lyke. wee haue yet worthey honest religious minesters: namely Mr Barnard. Mr Stapulles & Mr Sterke whom god of his mersie bles unto us. & send us mor when it shall please him for heare is greate want of them in this pore rud cuntrye Our worth Gouerner Captayn Barnud is ded, but I hope wee haue mad choyse of a honest godley and religious man hom god blesse unto us.
Worthy Sr I cannot but aquaynt you wth the strandge accident that be fell about 18th of March. The Seflower that came safe in to our harbour though by the p̳uidense of god sum [of] her men & boyes war ded, yet the shippe wth the Semen & the remayner of the passengers all resonabull well re couered and the Mr makynge what speade possebull might be for his expected hauene. sum off ther frindℯ the daye aboue mentyoned be inge abourd mery Sum̃ in * * * Greate cabin and sum̃ in the Gunroume a drinckeinge Tobaco by neclygense of ther fyer Blue vppe the Shyppe to the death §of§ about 14 preasantley be sydes as maney spyled wch sethens sum of them are deade: of Semen these: Mr Dallby mr mate the mr Elldest sunn the Guñer: and ou9 mr Ship[nan] but not of that Shypes coumpaney a John Dauis Captt Dauisses Sũ, & for Land men ther was slayne Christofer Carter his wife & one §to§ of his seruantes, Captt: Leyton Captt of the Kynges Castell ffather Tomsun Henry Rober[dℯ] Passengers for Virginie Mr Burd & his man & one Tressell: wee haue sought all the meanes that Possebull may be for the prforminge of what possebull may be but as yet ther is littell recouered onley sum mealle vineger anow and then a Chest wth sum apparell wee haue lost auery honest man by Diueinge one morgan Gynn, they diue in greate danger & dare [are] aloud by the Gouerner for ther labor for what goodℯ they take of the passengers the one hallfe & for the companeyes companey a therd. they haue sought meanes to blowe her up but as yet it will take no effecte I did yeuse my best in deuor to in quier what letters ware sent ether by you to the Gouerner or by mr ffarer to the Gouerner or what ye haue sent to mr Gorge Sandes and I have seene maney dyrected to them, but they war all spyled that wee could make nothinge of them in so much that the Gouerner helde it not fit they should be opyned. maney writinges are found wch are preserued wth as much care as possebull may be.
[2a] And for what goodℯ are taken vpp the Sherif takes notyse of them whose they eare and what they are, & for my parte I will do my indeuor wth my selfe & my Boatt & Seruantes what I may: they should have ben furnyshed wth what potatos Oranges Pidgones masty dodge and plantes & frutes of all sourtes what this pore Island could haue afourded for wee desyer to haue corespondanse wth the9: I pray god Blese and prosper them and us her: for lyttell doe you knowe ther, the misery & hassardℯ wee pore men in duer both heare and theare wee haue had greate want of bread & are lyke to in duer wãt the next crope for our courne & potatose fayle we haue onley the See to releue us & fish is hard to recouer wthout greate danger: I pry god our frindℯ in virginie are not in mor want then we: Now conserninge your busynesses here first my care shall be holley for your profut, though my selfe as I yet haue not neuer gayne peney but still spend my on and wast my yonge yeares my care shall be that your peopull make good Tobac9. & for your land at Sumerset is fulley peopulld for your land in Smithes Trybe those V Share that Middleten9 and Humferyes are on9 are sufficyentley supplyed if ye send them 4 Boyes apese they haue had ill sucses wth those they brought & for the other 5 Shares I pray send 4 Boyes they shall pay the on halfe for ther Transe port the land is bad but I hope ye shall find by this yer what it will doe for Tobaco. I am much pusseled about mr farers busynes I could wish as I haue oughten dun by letters that they war all in virginie they eare in his deate but heare are neuer lykley to recouer out of it for ther land is fit for nothinge but p̳uisyon & not to suppley the third part of them he hath ben at greate chardge but it hath ben imbasseled away and they neuer had the p̳fit: they prefered a pitcen to the Gouerner & counsell that in respect they ware not abull to liue on his land they might make the best of ther laboures & that they might liue ellse wher wch was granted they paying one moyety of ther labor tell ther Just det was payed or ellse to be transe ported a cordinge to ther condytyones the wch I wish they ware.
[2b] It much greues me to see the * * of the poure men and to see that my worthy frynd should be so daimified & I heare not knowinge how to right him, his goodℯ be inge imbaseled away by my predysessors in so much that ther is nothinge left & he restinge no sattysfactyon nor his peopull no benyfit.
I am hartyley sorye to heare of the sicknes of that kynd Religeous and vertyous lady for hose health and hapynes I pray dayley wth all her swett Chilldren. I hope are this ye haue reseued sum Seders wch god willinge I will haue a care to see repayd agayne and the remaynor to be sent the next shippinge though wth much dificulltye I was not [unm̃full] to haue a care of your land for the true layinge of it out & for the performans of it wee adminerstred to him an oth the wch I hope he did per forme. but your land proues very bad & a gradeall worse then I did suppose, for it takes in Gorgis pynt wch is nothing but amer rocke. ther shall not want for in deuor to rturne you profit: I did your Conmendatyones to Captt: Tucker: I hould him not my frynd though I neuer gaue him cause to the contrarye: for he was on of my hea[uie] fryndℯ about my negros, the wch for the redeninge of I solley relye upon god, and your selfe: & for the candulles I hope I haue by the cuntry sufficyent ley cleared, unles Butlers sickauantes doe ther falsley sware agaynest me as formarley they haue duñ I dout not but ye remẽber werupon I speake, thus being obuld to trubell you wth these my rud and tedyous discourse I betake you wth youers to the p̳tectyon of the allmighty
Your powre kynes man to command to the vttermost of his
power
Miles: Kendall:
From the Sũmer Ilandℯ this 15th of Aprill. 1623.
[Indorsed by J. D.] Capt Kendall from ye Som̃er Ilands to Sr Edw. Sandis
the 15 of Aprill 1623.
[Addressed by self:] To the right Wor his aproued frend Sr Edwin Sandes
at his howse in Lundon ner all Gate giue these
[The order of the Privy Council for a commission to inquire into the true state of Virginia and the Somers Islands, April 17, 1623, is printed in Acts of the Privy Council, Colonial, I, pp. 58–60.]
Aprill the xxith, 1623.
Receaved the day and yeare above written by me [blank space] by order from the right honble the Lordes and others of his Mats most honoble Priuy Counsell of Edward Collingwood Secrẽ to the Virginia Company, these severall Court-Bookes following belonging to the sayd Compa. (viztt) The first Court booke begining the Eighth & Twentith day of January, 1606, and ending the ffourteenth day of ffebruary in the yeare 1615. And at the other end of the sayd Courtbook are diuers perticuler writings belonging to the said Company
Imprimis.
One other Court-booke begining the Last day of January, 1615, and ending the Eight & twentith day of July, 1619.
Item.
One other Court-booke begining the Eight & Twentith day of Aprill, 1619, & ending at the begining of a Court held the two & Twentith day of May, 1622, at Page 386.
Item.
One other Court-booke begining the Twentith day of May, 1622, & ending at ye begining of a Court held the Second day of Aprill, 1623, at Page 296.
Item
Receaued more of him these several books following blonging to the Somer Island Company viztt
The first Court booke begining the Third of December 1613 & ending ye 24th of January 1620.
Imprimis.
One other Court-booke begining the Sevventh of ffebruary 1620 & ending ye Nyneteenth of ffebruary, 1622.
Item.
[Indorsements:]
Coppie of the Courte books delivered by order of the Lords of his Maties Counsell to the Secretary Aprill the 21th 1623.
A warrant to mr Sandys for 20ld sent to him
Thomas Stephens Armore 32I 06s 09d
Another copy is No. 6177 of Lord Sackville's manuscripts at Knole Park, and is printed in the American Historical Review, XXVII, pp. 763–765.
Document in Public Record Office, London. Indorsed in autograph of Sir Nathaniel Rich List of Records No. 471A Memoriall of some thinges wch it may please the lls to insert in their Lops letters to Virginia and the Summer Islandℯ
That the late Contract is vpon full heareing before their lops dissolved as that wch was verie preiudiciall to the Plantac̃ons a Coppie of wch Contract togeather with the reasons that were in writeing delivered against it, it may please their lops to send them a Coppie
That his matie out of his princelie Care of their good is content that noe Tobacco shalbee brought into England or Ireland but onelie such as shalbee imported from the Plantac̃ons in Virginia and the Summer Islandℯ except onelie fourtie Thousand waight yearelie of Spanish Tobacco (and that but for a tyme) if they will give for it as others will.
That to this greate and extraordinarie favour his matie requires that all the Tobacco wch shalbee exported from the said Plantac̃ons shalbee brought into England a thing wch they themselves have seemed heretofore to desire and will nowe bee most beneficiall vnto them in regard that all forreine marketℯ wilbee glutted with excessive quantities of Tobacco likelie to be brought from the new plantations in Brazill Guyana and other places wch is of a farre better sorte then that wch Comes from the English Colonies and yet wilbee afforded at lesse then halfe the price that the English Tobacco hath heretofore binne vsuallie sould for, So that vnlesse his matie in his great grace and wisdome should provide for the venting of this their Comoditie within his owne dominions they should not bee able to make any thinge at all of it in anie other place and therefore to advise them to Call a generall assemblie and by Common Consent to cause an Act to bee made to that purpose.
That his matℯ great grace did not stay here but that even beyond hope and expectac̃on his matie is pleased to bee so farre from layeing a greater burthen vpon them in regard of this his princelie graunt vnto theis Com- panies that he hath voluntarilie Condiscended to abate 3d of the 12d for Custome and Impost wch they payd heretofore: So that in Summ9 his matie grauntℯ the sole Importation and instead of a Retribuc̃on is Content to suffer a diminuc̃on of what was formerlie payd.
That this his matℯ singuler favour is yet further inlarged for that whereas he hath heard of manie Greivances and Inconveniences wch have hindered the growth of theis Plantac̃ons he hath appointed Choice and able Comrs to examine and inquire particulerlie into them to the end that all hindrances of this worthie worke being removed it might hereafter thrive and prosper.
To wch the Colonies are to bee admonished to afford their vtmost En- devours by leaveing the immoderate planting of Tobacco and applying themselves to more staple Commodities and in particuler to recommend vnto them the Care of nourishing and Increaseing their Silkewormes.
That they bee Carefull to choose the most Comodious places of abode for health and safetie, and that they plant themselves soe as they may afford mutuall helpe and strength each to other both against E intestine and forreigne Enymies.
And that his matie may bee more througlie informed what is the true Estate of the Plantac̃ons at this present, therfore to require them vpon their dutie and allegiance by the first shipp to returne togeather with their answeare to this letter a perfect Cathologue of the names of all the English men women and Children resideing in the Country, the age Condition imployment and places of abode of everie of them: As also what houses or Townes are at this tyme remayneing, what Ordnance are mounted at the tyme of this ships Arrivall, what publique workes as Churches, Guest- houses bridges ffortℯ or the like are now remayneing or haue bin heretofore erected and now demolished Also what number of Cattle there are wch at their pleasure they may have vse of and what otherwise; Also what sorte §store§ of Corne and other victuall the Collonies in Virginia are furnished with, and what is the price for wch the said Cattle Corne and other provisions are vsuallie sold for and especiallie of late since the last massacre. What number of persons may this or the next yeare bee Con- venientlie sent from hence to supplie the Collonies and Entertaigned there with [3] Convenient lodgeing and dyet vpon their Arrivall for some reasonable tyme till they may build and plant for themselves, and generallie as they will answeare to God and the Kings most excellent matie both of theis and all other particulers tending to a true description of the state and Condic̃on of the said plantac̃ons faithfullie to informe their lops that accordinglie they may advise them for their future safetie and prosperitie wch is the onelie thing intended by his matie and their lops to whom if vpon this Intymation they shall not declare the whole truth fullie and reallie all partialitie and affection whatsoeuer set aside they must expect a Just punnishmt of so high an offence and themselues shalbe Judged as Causes of all ensueing mischeifs
Lastlie to admonish them to persist and Increase in the true and frequent worship of Almightie God in love and vnitie amongst themselues and in Couragious and industrious performance of their particular Imploymtℯ.
[Indorsed by Sir Nathaniel Rich:] Heads of seueraltyes to be inserted in ye LL ɫres to ye Plan Colonyes in Virg9. &c. 21 Ap. 1623 Del. §then§ by me to my L Threas. at Chelsye
To the Worll͠ Sr Francis Wyatt knight & Capt Generall of Virginia.
The Humble Petition of John Wright.
Most humbly sheweth vnto yor good Worp, that whereas John Langley late mr of the Margaret & John deceased & my selfe as partners did take vp in London diuers comodyties amounting to the some of fowerscore pounds & a boue for wch wee boath stand bound, & also haueing laden in the said shipp diuers goods and seruants of my owne, & my selfe being a p̱te owner of the said shipp & finding diuers of the said goods & p̳uitiones to be Consumed & spent Contrary to all equity & right. And yett Cannot receaue satisfaction fro9 mr Douglas now mr of the said shipp wch is to the great losse & hindrance of yor petitioner
10
In Consideration wherof I most humblie desier yor good Worp to cause the said mr Douglas to deliu9 yor petitioner the said goods, wch were brought betweene mr Langley and yor petitioner, as also his owne goods, & satisfac- tion for what hath bin spent a board shipp, for wch yor worp favor yor petioner as Duty buideth him shall euer
See examinations Aprill 23 & 25 1623. the petioner obtained his suit
To the right Worll sr Francis Wyatt knight Etc and ye rest of ye Worthie
Counsell
The Humble petition of the Passengers in the Margret & John
8
Wee yor petitionerℯ haueing receaued great wrong and Iniury through the euill dealing of or late deceased Mr John Langley, not only in putting vs vnto extreame hard allowance, whereby wee were forced spend much of or portion wch would haue ben a great releife & Comfort to vs here; but also wanting that p̳uition that was fitting to bring vs or dyrect Course for Virginia, haue spent so much tyme in the west Indies, that wee are like to hazard the loosing (if not a whole) yett the best part of a Croppe, wch hath & may bee a great damage to or estates, wch shall better appeare vnto this Court by euerie mans perticuler Information, And now heing Come hither his successor master Douglas, refuseth to let vs haue or goodℯ ashore, to releiue or necessities for the present following of or buisynes, vnles wee giue him p̢sent securytie vnder or handℯ for freight, In consideration whereof wee yor poore suppliants humbly Entreat, to grant yor warrant to bring the said mr Douglas before your worp, that wee may receaue such sattis- faction thence as or p̢sent necessytie and ye Equity of or Cause doth requier, And that you would be pleased to giue such order, as or goodℯ in generall may be brought ashoare, & saffely kept in deposite vntill such tyme as yor worp wth the Counsell of estate determine wee shall the same & wee shall eur pray
Subscribed
Richard Brewster Thomas Harwood John Robinson Thomas Rusell Nicholas Reynoldℯ Richard Norwood Thomas Deninngton John Carter Adam Dixson See ye order Aprill 24 1623 & order May 3° 1623
To the right worll͠ Sr Francis Wyatt knight etc and ye rest of ye Counsell.
The Humble Petition of John Loyde.
Yor poore petioner haueing tyde himselfe apprentize to mr John Langley for the tearme of three yeares, puting into his hands the somme of thirty pounds of good & lawfull money of England. The Condition of my Inden- ture being that if my mr died wthin ye said tearme of yeares I am fread & my monies to be repaid againe, for wch I have repaid his bounds, wch I left in the hands of my frends in England, & more fiue pounds in Current money deliuered into his hands to buy truckeing stuffe, hee p̳missing vnto me to pay three for one in Virginia. Yor petitioner doth humblie request, yt my conditions (wch remaine in the Costody of mr Douglas) may bee brought to yor worps view. that I may receaue fro9 this Court such sattis- faction, as ye truth & equitie of my Cause shall requier, & I shalbe eu9 bound &c.
9
See examination Aprill 26o 1623 & Oorder May 3o 1623.
[The order of the Privy Council disallowing the letters of the Virginia Company to the Colony and dissolving the tobacco contract, April 28, 1623, and two letters of the same day to the Governor, Council and Colony, urging care of fortifications, provisions and habitations, are printed in the Acts of the Privy Council, Colonial, I, pp. 61–63.]
By the Gouernor and Capt Generall of Virginia
Whereas ye Gouernor & Counsell of estate (taking into ther Considerations yt nothing can be more acceptable, to ye Counsell & Compa in England, or tend more acceptable, to ye Counsell & Company in England, or tend more, to yc saffety & reputation of this colony, then to fortifie some place vpon this riuer, to defend the same against ye invasion of any forreine ennimy) haue ordered & appointed that eurie twentith man (through ye whole Colony) should be Imployed about the building of a fort, at Warrscoyicke, vnder the Comaund of capt Roger Smith. These are therefore to requier & Comaund capt Wm: Tucker that (throughout all ye plantacions vnder his comaund & Charge) hee doe Imediatly, levy eurie 20th man, & send them to Warrsoyicke, to ye said Capt Smith furnished wth Armes & tooles, & wth suffycient Victuall & apparrell for 6 months, And yt hee send not any new Commers, but able & suffycient Seasoned men fro twenty yeares old & vpwardℯ to 45 & not aboue And if it shall so happen, yt diuers seuerall families, must be feyne to ioyne for ye setting forth of one man. that then hee make Choice of 2.3 or more such suffycient men, as aforesd, as indif- ferently (as may be) out of ye said families, & they to cast lotts wch of them shalbe sent, to ye said worke the rest to be Equally Contributing, to ye Charge, And wee further requier & Comand all persons whatsoeur vnder the Charge of the said Capt Tucker, that yeild vnto him ready obedyence, touching all or abouesd Comaunds, as they will answer the Contrary at ther perills. giuen at James Citty, Aprill 29th 1623
Francis Wyatt Chr Dauison Secr
This is a draft said to be written by Alderman Johnson. There are indications in the correc- tions and errors that it was written at dictation. It is revised by Sir Nathaniel Rich. The last folio is loose, and the preceding folio (pp. 21 and 22) is missing. Manchester Paper 361 has only a few sentences drafted by Sir Nathaniel Rich, and does not fill in the missing folio.
Document in Public Record Office, London List of Records No. 483[No. 361.] A Breife Answere to the §a§ Declarac̃on lately made and deliuered to his Maties Comrs in §by some few p̱sons vnduely (as is conceaued) assuming to themselues§ the name of the Counsell for Virginia of §touching§ the State of the Countrey and Colony there together wth sondrie Obseruac̃ons tending to the discouerie of the Reasons and causes of the ill success progress and success of the businesses of that Plantation:
For the first part of the sd̴ Declarac̃on wch conteynes some description of the fertilitie and healthfulnes and other §naturall§ comodities of that that Contrey, it is beleaued to be generallie true, neither is it knowne that either Sr Sam̃: Argall (who w liued there diuerse yeares and was first Admirall and then Gouernor of the Countrey) nor yet Captaine Butler (who resided there about 3 Monethes) haue writt or sayed any thing wch may tend to the deprauac̃on of the Contrey in generall. And therefore are (as is conceaued) are very vniustlie taxed §in the foresaid declarac̃on that§ for indirect purpose to §they§ haue dispraysed the same. Vnles it can be thought that a man should dispraise a Contrey England or any other Contrey if he should affirme that some p̱tes thereof were v barren & vnhealthfull wch were a strange kind of construction.
The second p̱te of their declarac̃on consists of a seeming representation of the true es face of the Colony in three periods of tyme: vzt im̃ediatly before the Massacre towards th'end of the yeare 1621: im̃ediatlie after the Massacre about §towardℯ§ the begiñing of the yeare 1622 And lastly as they they conceaue it to bee at this p̢nt
[Indorsed:] A begining of an answere to the Companies Declar9 of the p̢nt state of Virginia
[No. 362.]
An answere to a Declarac̃on of the present state of Virginia which was presented to his Matie in Easter weeke laste by parte of the Companie for Virginia vsurpinge the name of the whole Companie when in truth a 4th parte of the whole Companie were present neither sum̃oned nor p̢sent at the publishinge of it and very fewe had theire handℯ in it.
But before Wee fall vpon or Answere Wee thincke it fitt to discover one other Artifice by wch the truth is obscured wth wch they begynne their Declarac̃on. For they say That in the end of December 1618 there were but 600 men and 300 Cattle left in Virginia. And yet they are Conscious to them selues that Sr Tho: Smiths gou9nmt Contynued vntill Maye or June ∥about th'end of Easter Terme∥ followinge in wch tyme more pas- sengers went to Virginia ∥and diuerse shipps were at that tyme vpon their way to Virginia and others sett out before Sr Tho. Smythes gouermt expired wherein great nombers of people were transported, not less as wee comput then 600 or 700 p̱sons, as by the names of the Shippes sett downe in the m9gent may appeare∥ and that those∥ Cattle that springe ∥all∥ brought forth another yeares increase Both wch ought to haue beene added to the former nombers if they would haue rightly informed His Matie in what estate the Collonies were ∥was∥ left when Sr Tho: Smith left the Gou9nmt, The ∥And in what plight and condic̃on they now are, wch seemes to be the scope of their declarac̃on, The∥ seũall branches whereof Wee shall nowe p̳ceede punctuallie to answere And for the first whereas they say That in the first 12 yeares, beinge the whole tyme yt Sr Tho: Smith was principall Goũnor of the Companie there was expended 80000li and vpwardℯ ∥of the publiq̢ stock∥
Sr Tho: Smith saith that in all his ∥stet∥ the∥ tyme ∥by them limited∥ there was not aboue 70000li∥cleare of the publiq̢ stock∥ expended about the Plan- tac̃on; Wch of them are in the right must appeare by the bookℯ of Accomptℯ of those tymes for the Difference is noe lesse then 10000li ∥and for the clearinge heereof reffers himself to the bookes∥.
They say 80000li ∥this sum∥ was expended (besidℯ voluntaire Contribuc̃ions ∥other sum̃es of voluntary planters:∥).
This Clause (besidℯ voluntaire Contribuc̃ions ∥the sum̃es of voluntary planters∥) Comes in the Reare and it is [2] thought might well haue beene spared for it is not remembred that in those tymes wch were ∥the∥ begynningℯ of the Plantac̃on there were anie or at least of any ∥much∥ value of ∥in∥ that kinde: especially not beefore the time by them limited in theyr declaration viz not beefore the 18 of December 1618.
They say that there were then left 600 p̱sons and 300 Cattle in the Colony Although this is noe small matter Consideringe the Infancie of the Plantac̃on in those tymes and the many Difficulties they mett wthall in theire first enterprises that only wth ∥less then∥ the expence of 70000li there should be planted soe many men and all of them soe well provided that even by theire owne Confession ∥ ∥of these ∥men∥ that vsurp the name of the Companie of the Authors of this declarac̃on∥ ∥ there was for every twoe persons in the Collonie one head of English Cattle then lefte (besidℯ manie other plentifulle provisions not menc̃oned) yet Certeynly both the Nomber of Men and of Cattle was much more then they speake of B Wch in regard they haue the bookℯ ɫres and Recordℯ of those tymes they are better acquainted wth then anie mans memory can serue nowe to remember: At least to those 600 men left in Virginia in the end of Decem- ber 1618, they should haue added as was aforesaid those that were sent between that tyme ∥stet∥ and the end of Sr Tho: Smiths Gou9nmt as alsoe ∥ ∥by wch Accompt it would as we conceaue appeare that there were 12 or 1300 p̱sons left ∥in the Colony∥ (besidℯ the numbers that haue ben borne of them. And to the 300 Cattle they speak of then remayning they should add at least their∥ ∥ th encrease of 300 Cattle that Springe: And if they would haue dealt ingeniouslie they should haue set downe alsoe what other Workℯ had beene done wth that stocke besidℯ the plantinge and nourish- inge of soe manie men and Cattle vizt what discoveries were then made, ( 1
The parenthesis is not closed in the original.
a thinge of noe small expence and of most important consequence wherein the laborℯ of worthy men imployed at the Charge of the Companie brought vs the knowledge Wee nowe haue of those territories And it were to be wished that Wee knewe the Countrie [3] aswell nowe as Wee did then; but howsoever little or rather nothinge in this kinde hath beene done theise last 4 Yeares yet should not the Authors of this Declarac̃on haue passed over in silence that great Worke wch was performed wth noe small hazard and expence ∥in the tyme of the first gouermt∥and was the very foundac̃on and grownd plott of all that th hath beene ∥done∥ since.Neither should they haue omitted ∥ ∥the large prouisions that were from time to time sent from hence at the charge of the publicke to feed ∥&∥ cloth and furnish them Colony with necessaries which was giuen freely to the Planters for their sustentation and releife which could not bee estimated at less then 20000 markes if not 20000l nor haue omitted∥ ∥ the Ordinance then sent, the Towns that were built, the fortℯ that were raised, thin- closures that were made, the growndℯ that were Cleared, the Churches storehouses bridges and other publiq̢ workℯ that were built∥ ∥ nor the ships that were bought an for the Company ∥stet∥ with the publique stocke and worne out in the Companies seruice∥ ∥ All wch besidℯ diu9s staple Com̃od- ities then raised were the fruitℯ of that expence and of the endeavors and Acc̃ons of those tymes, wch were blessed wth a successe if not answereable to thexpectac̃on of all yet Certeynly beyond the hopes of many And therefore vnder Correcc̃on it savors of too much detracc̃on to passe over those thingℯ wch should most Commend and giue his Matie best satisfacc̃on Concerninge the Well mannageinge of those affaires dureinge that tyme and to in siste only vpon the leaveinge of soe manie men or ∥and∥ Cattle as if that had beene all that had beene done wth thexpence of soe much money: When indeed though it were a good ∥great∥ advancemt of the Plantac̃on to haue soe manie men left there, well furnished, yet it seemes to be but the leaste parte of the services that were then p̱formed.
But let vs see whether they deale more ingeniously in that wch follow- eth. They say That the Companie was left then in debt neere 5000li [4] But they are desired to sett downe wthall what was left in stocke towardℯ the paymt thereof in money Plate and Comodities ∥weh if Or Memoryes faile vs not was not less then 40001 for more eer besidℯ 800li payed in vnto the Magazine the p̳ceed whereof came to the Companie and besidℯ sondry 800li that was in the colledg Cash & besidℯ sondry∥ also in debtℯ due to the Companie wch since that tyme haue beene payd in and then it will appeare whether there be not likewise a Defecte of truth in this Clause as well as in all the former∥ ∥; for an if or memoryes doe not faile vs, ther was left towardℯ the paymt of the sd̴∥ It is also desired whether that it be declared whether 700li pretended to be owing by the Companie to the Cash of the Colledge be not included in their 5000li wch they say the Company was left in debt, for∥ ∥
But though the Authors of this Declarac̃on mistooke the former, yet per- happs they will come neerer the Marke in declareinge the p̢sent State of this Plantac̃on∥, during the and of that wch hath ben done during the last gouerment.∥
They say therefore that whereas about a 4 yeares since there were but 600 p̱sons, nowe (notwithstandinge the late Mortalitie and Massacre) there are remayninge as they Compute about 2500 p̱sons.
To wch wee answere that this Parenthesis of (Notwthstandinge the late Mortalitie and Massacre) is not soe slightly to be passed over seeinge that in the tymes of the greatest strength and enmitye of the Savages and of the Weaknes of or Colony the like mischeife never happened as this wch hath redownded not only to the losse of the lives of soe many of his Matℯ Subiectℯ (whereof in all disasters of the like nature a strict Accompt hath beene §alwayes§ required) and to the detriment of the Plantac̃on thereby, but alsoe to the shame and reproach of or Nac̃on whoe heretofore wth lesse then halfe the men that were thus butchered did dare the whole power of those savage Princes and forced them either to a good Corespondencie or to a yearely Contribuc̃on ∥and let them shew for triall of the truith heereof whether in the whole 12 yeeres of Sr Thomas Smyths gouernment there euer pased perished by the sword of handℯ of the sauages half so many as haue bene butcherd and slayne by them in the compass of one yeere∥ But then were the Gou9nors and Cheife Officers in Virginia men of knowne sufficiencye and experience of §for§ those services and meerely for theire meritt was that Charge and trust Com̃itted to them But [5] whether those that at this tyme doe principally mannage those affayres are men soe quallifyed or noe or rather out of favor or ∥alliance &∥ affecc̃on haue beene recom̃ended to that imployment and whether through theire negligence and want to still this miserable accident hath §not§ befallen wee leaue it to be examined soe farr forth as to his Matℯ Com̃is- sioners shall seeme fitt: As alsoe whether there be 2500 p̱sons nowe remayn- inge in the Colony wch will appeare by the listℯ of men directed to be Yearely sent from thence, in the p̱formance of wch mayne Instrucc̃on wee suppose the Gou9nor and Officers there (whose Care and obedience in this declarac̃on is Com̃ended) would not faile, especiallie it beinge easier to make those listℯ of Men more p̱fecte this yeare then heretofore because the people were drawne fron theire dispersed habitac̃ons and lived Close together: But wee vehemently suspect that the nombers of people there nowe resideing are farre lesse ∥ ∥and that in truth there are either not so many or very few more ∥now in the Colony∥ then by in or Computac̃on were left by Sr Tho: Smithe wch we are the rather induced to beleaue because for ought we heare the ∥last∥ Catalogues of theise names p̱sons are concealed so that ∥and it will appeare (though wth greife wee speake it) wee haue wthin theis 4 yeares lost as manie or more men that wee did in the whole 12 yeares before∥ we feare it will appeare that neare 4000 pso[ns] of 4270 p̱sons wch by their owne Ro wthin theis 4 yeares haue ben sent thither wee haue searee so many hundred and of 12 or 1300 left in Sr Tho. Smithes tyme wch make about 5500 in all we haue not 1500 there now remayninge: And we thinke that in 12 yeares before notwithstanding the many difficulties that all new begun actions are subiect vnto, we lost not 1200 p̱sons ∥For in the booke of the Massacre there was sent they say in the first three yeares after Sr Tho. Smith left the Gou9nmt 3570 psons And in theire relac̃on they say there went 700 over the last Sum̃er that is 4270 in all And by theire owne Confession there were 600 §left§ in the Colony at that tyme. Soe that of 4870 psons and the Children wch since that tyme haue beene borne of them there is ∥are∥ nowe as they Compute∥ not aboue 2500 §left§: by wch it is manifest that even by theire owne Accompt ∥adding to that nomber the children that haue ben borne of them∥ wee haue wthin the said 4 yeares lost at least as many as wee haue remayninge and wee feare many hundreds moe. A thinge most lamentable ∥that the liues of so many men should be thus lost∥ especiallie if vpon proofe it fall out that this great Destrucc̃on of people hath beene occasioned by the Wilfullnes [6] of those whoe had the principall stroke in mannaginge those affayres here and should neither haue procured nor given way to the transportinge of such multitudes of people ∥as haue ben sent thither∥ till the Country had beene provided wth able and fitt p̱sons to direct and wth Convenient lodginge and provision to receive releive and maynteyne them. ∥And therefore it is humblie desired as a thing of most important consequence that the causes of this great∥
Alter this com- putac̃on when we see how many were sent be- tweene the 18 of Dec. 1618 and Mch. 1619∥
They add further in theire Declarac̃on that theis 2500 p̱sons now remayninge were sent with thexpence only of 30000li of the publiq̢ stock besides the charges of p̱ticuler societies and Planters.
To wch is answered that it is too grosse a solecisme ∥contradiction of themselues∥ to say that the p̱sons nowe remayninge in Virginia were sent thither at the Charge of the 30000li publiq̢ stock in the Declarac̃on menc̃oned whereas themselues Confesse but a fewe lynes before that there were 600 p̱sons ∥of them∥ left there in December. 1618. wch was longe before that publiq̢ stocke raized soe that noe parte of that stocke could be imployed about the transportac̃on of 600 of those 2500 p̱sons wch as they p̢tend are now remayninge.
But is this 30000li all the money thath hath beene spent in theis plantac̃ons since Sr Tho: Smiths tyme? they imply noe, but (wthout nameinge any Sum̃e) they bringe in the rest wth a (besides the Charge of p̱ticuler societies and Planters) This (besides) Carries more Weight wth it then it seems they would haue it doe, and is indeed worthy to be placed in front in Capitall letters and not to come in the Reare as a poore helpe, for sure it must needℯ be a farr greater Sum̃e then the form9 and therefore worth the nameinge. But somewhat is in it that this point must be thus obscured, p̱happs they thought that seemes ∥seeing∥ all wch is toe be seeme §seene§ of theire foure yeares labor is only some ∥very∥ fewe p̱sons more in Virginia then were when Sr Tho: Smiths gou9nmt expired ∥wch yet is doubted∥, The ∥the∥ greater they made [7] the nomber of p̱sons to appeare and the lesse the sum̃es of money thatei were expended, the better would theire Accompt be accepted But for the Clearinge of the truth herein wee ∥say that we∥ Conceive that the moneyes expended wthin theis 4 Yeares about this Plantac̃on cannot be lesse then 85000li 85400li for ∥or Reason is this∥ the 4270 p̱sons wch they say haue wthin theis 4 Yeares beene exported at the rate of XXli a man comes to 85400li And that is the proporc̃on wch in theire printed paper (Called the Inconveniences) they say the Companie vsually allowes to the furnishinge of one man And in the paper of Accompt how they the Lottery Money was expended wch they deliu9ed to his Matie about twoe Yeares agoe they affirme as much: Soe that vnles they will denye what heretofore they haue affirmed this Collecc̃on of the Charge of 90000li 85400li to be expended wthin theis last 4 Yeares seemes to be very moderate ∥for we abate 5400li in the whole, of the proporcon wch they themselves say they bestow in setting out these men For they say that afterward in this declarac̃on that they spent 5000li in Iron Workes besidℯ what was spent in other attemptℯ∥ And what effectℯ that huge expence hath produced is in parte discovered by what hath beene alredy sayd And shall hereafter be declared.
The Cattle they say what by Newe supplies and what by increase of the form9 provision are multiplyed to aboue 1000. of Beasts
It is strange to see howe theis thingℯ are shuffled together tendinge to obscure the truth for it had beene a very easie Matter and a farre more Directe Course to haue ∥distinguished these and to haue∥ sett downe the number of Cattle that haue beene sent wthin theis 4 yeares wch for ought appeares to vs there haue not beene 200. A strange disproporc̃onable proporc̃on for soe manie thowsandℯ §p̱sons§ as in that tyme haue beene sent thither, and therefore this blinde of putting them together served well to Cover that error But touchinge the number [8] of Cattle Wee may well from their owne Confession make this Collecc̃on: The Cattle wch were sent thither theis laste 4 Yeares if theire printed papers ∥that we haue seene∥ be true were only 180 192 wch till this last Springe haue bred few or none. Some of theis 180 192 dyed by the way and many dyed as Wee haue Crediblie heard for want of good lookeinge to in Virginia. Many alsoe haue beene slayne by the Indians since the last Massacre. And yet if there remayne aboue 1000 it must necessarilie followe that there were in many aboue 300 lefte by the old Gou9nmt But to howe manie more might these haue beene encreased had not soe many persons beene vnfortunatelie and inconsideratelie (as is Conceived) sent over to Consume the fruitℯ of the form9 labors and another abuse latelie crept in of killing the bull Calves wch was not suffred before theis last 4 Yeares for the Males in form9 tymes were p̢served and trayned up to the yoke soe it appeares that all they speake of to purpose in this Clause is only thencrease of the old stocke for theire newe supplies in this kinde was scarce worth the menc̃oninge.
But the Goats increase (say they) and the hoggs are growne innumerable
And what is herein Com̃ended but the ould Gou9nmt whose foundac̃on this was and is meerely the worke of the Decourse of tymes for the goatℯ would haue encreased whosoever had beene Gou9nors (if they would not haue killed them vp) and the wilde Hoggℯ in the woodℯ would haue multiplyed wthout a heardsman If any of theis had beene sent over wthin theis 4 yeares it is like wee should haue heard of it in print And wee would be gladd to heare of any store of tame hoggs res̃ved out of the ould store But this is Warilie declyned ∥ ∥for we heare that notwithstanding this infinite multitude of swyne a ∥the price of a∥ tame hogg is so much is m is now 12li in the Colony.∥ ∥ As for those wilde hoggℯ wee accounte of them as of the Deare in Virginia thingℯ belonginge to noe man and serue to feed the Savages or the Maryners that live idlie there, rather then the people of the Colony, whoe haue starved in the middest of this Imaginary plenty, And by the end of this [9] Sum̃er wee faere it will to or greife yet more appeare what mischeife and miseries theis Conceiptℯ of aboundance haue brought vpon the Plantac̃ons.
The last Clause of theis first branch is: That the old Debt of the Companie (which before they menc̃oned to be 5000li) is Discharged
But it must be knowne as is aforesaid what of the old stocke was left towardℯ the paymt of it ∥wch we conceaue was as much if not more then would discharge it∥ And it is doubted that the Companie is at this p̢psent more in debt then it was left then. For it is an vndeniable truth that they haue stated Certeyne offices ∥in Virginia∥ wth great nombers of Teñnts namely Gou9nors the Treasurors the Secretaries the Phisitians Vice Admiralls A Deputie for the Companie∥s∥, and another Deputie for ∥the∥ Colledge Teñntℯ: and by or Computac̃on there wantℯ to theis officers aboue 120 Men of the p theire promised and Contracted for nombers, wch in equitye and Justice are to be made good vnto them and the very sendinge soe manie p̱sons over, reasonablie furnished will Coste the Com- panie at their owne rates 2400li the first penny and if anie of theis Newe men should dye the first yeare the Company must supply them againe wch will encrease the Charge. Besidℯ the Company owe to theis officers Nneere twoe Yeares arreares for the Want of soe many Tenantℯ wch in equitye they are bound to satisfie for especiallie seeinge by an Acte of Courte the 7th of Oct: last it is acknowledged to be a Due Debt vnto them: The entrie of wch Courte beinge afterwardℯ Called into question as a Wronge done to the Company it was iustefyed and maynteyned that the Courte had done right therein By wch it appeareth that even this way besidℯ all others the Companie is at least 4400li in debt. And it is Conceived that the seale of the Company is given here §for§ at least 2000li more And the vnder officers of the Companie here are either in parte or whole vnpayed there wages wch they haue dearely earned, besidℯ the wages Contracted for wth the French [10] Viniarons All wch layd together wee Conceive that the Companie at this p̢sent will proue to be in debt betweene six and seaven thowsand powndℯ And noe meanes appeares wch may Way it can be satisfyed or the Companies Teñnts nowe remayninge in Virginia hereafter to be supplyed
And thus much by way of Answere to the first branch of that Declarac̃on §by§ wch §it§ is apparent howe those th men that vsurp ∥vnder∥ the name of the Company haue dealt wth his Matie in settinge downe both the former and p̢sent estate of Virginia in the most Materiall partℯ thereof. The second branch followeth in which they say ∥The second branch now followeth∥ As in Mr Wrotts paper fo: 2 at this marke * ∥2: Branch During theise last 4 yeares there hath ben At the beginning of theise last 4 yeares the only Com̃odityes of price, and vppon wch only a valuation was sett to maynteine the trade were Tobacco and Sassafras: for in the two last yeares before there was no course taken for setting vp of any other through the pouerty of ye Countrey.∥
∥Answ.∥ Whereas they say at the begynninge of the 4 last yeares ∥there were no Com̃odities but Tobacco & Sassafras∥ Wee goe further and say (and that more truelie) that At the end of theis 4 Yeares there is noe Comoditie but Tobaccoe, soe little hath beene done (since Sr Tho: Smith left the Gou9nmt) towardℯ the advancemt of staple Com̃odities and it is an abuseinge of the world to sett out bookℯ wch haue Caused much laughter ∥as they haue done∥ of the prizes of goodℯ to be had in Virginia when either they are not nor canot cannot be had there at all, or at least not in many yeares The modesty and Wisdome of the form9 gou9mt is to be Comended that ∥was such as it∥ would not set a valuac̃on of that that either was not in Esse, or was in noe greate proporc̃ons there but lefte eu9y Man to make his best price of those thingℯ when they had raised them and not to vndervalue mens labors soe much as this last valuac̃on of the Companies hath done by wch Course ∥it is conceaued that∥ men haue beene deterred from imploye- inge theire labors in raisinge those Comodities seeinge they will not produce profitt enough to Clothe and feede them at the rate they prize them at But whereas they affirme there was noe other Course to sett vpp other Com̃odities besidℯ Sassaphras, §&§ Tobaccoe [11] in twoe yeares before the old officers left the Gou9nmt, there is herein Com̃itted a Wilfull error for wthin those twoe Yeares there were other Com̃odities besides those twoe before named sent over and sould here in England and the perticulers together wth their moneyes made of them given in Accompte by Sr Tho: Smith or the husband of the Companie to the Auditors and to the then Treasorer Sr Edwyn Sandys By wch Accomptℯ it appeares that there was aboue 1000li starlinge made of staple Com̃odities dureing the old Gou9nmt, parte of wch moneyes was raised vpon staple Com̃odities sent over the twoe last yeares And this the Twoe Auncient Auditors Sr Edwyn Sandys and Sr John Danvers are not ignorant of But of all other Sr Edwyn had least Cause to taxe the twoe last Yeares Gou9nmt for he dureinge all that tyme Wa was Chosen assistant to Sr Tho: Smith in regard of whose sicknes and other imploymentℯ he vnder that title did in a manner ∥wholie∥ supplie his place, soe the errors Com̃itted wthin that tyme (if any be) reflecte vpon himselfe And here theire owne reason excuseth the former Gou9nmt Vizt the povertie of the Companie and this branch likewise Sr Edwyn might haue spared ∥for∥ the Companie could not haue beene soe poore if the Lotteries had not beene suspended By wch Meanes Sr Edwyn made his way easie to be Treasorer of Virginia and when he had obteyned that place im̃ediatlie he was a meanes to sett vpp the runninge Lotteries againe.
∥quere∥
∥quere what∥
∥3 Branch: During these last 4 yeares there hath ben expended in setting vp of Irone workes (ye Oare whereof is there in great plenty and excellent) aboue 5000li which worke beeing brought in a manner to perfection was greately interrupted by the late Massacre but ordered to be restored againe with all possible diligence.∥
∥Answ.∥ Iron the oare in greate plentie and excellent was found to theire hands many Yeares since and brought ouer wrought and vnwrought into this Kingdome.
It is by vs Confessed that the greatest parte of the stocke belonginge to the Colledge was wasted in this proiecte: for the 50 men sent over were not able to mannage an Iron worke and soe turned good honest Tobaccoe mongers The like successe [12] for the same reason had the twoe Iron Workℯ attempted by the Adventurers of Southampton Hundred Then the Companies stocke comes into ∥to∥ repayre the ruyns and if Wee may beleeue ɫres there would haue beene somethinge done in the busines but the same ɫres Craved large supplies and therefore were bound to p̳mise faire then comes the Massacre and that was the fayrest excuse for all errors and might haue served the relators turne very well and made them bould to affirme that worke was wholly over throwne by it: especiallie they hav- inge soe p̢sent a remedye at hand as this it is ordered to be restored wth all possible dilligence But are either Workemen sought after, much lesse intended to be sent, or is there any roule of subscripc̃on made to sett that proiecte on foot againe? or is the publiq̢ stocke able to doe it? or will the private purses of Southampton Hundred be any further drayned? And if none of theis, to what purpose is such an order. Yet Wee will giue them theire due and Confesse the whole truth that in this busines of Iron wthin theis laste foure yeares wth the expense ∥(as they say)∥ of aboue 5000li there hath beene retorned from Virginia a fire shovell and tongℯ and a little barre of Iron made by a Blomery wch might haue beene printed in expresse Wordℯ aswell as some other thingℯi But ∥that∥ seriously let anie indifferent man iudge what ∥so the∥ providence was vsed in thexpence of the∥is∥ 5000li∥as of all the huge Sum̄ formerly menc̃oned may appeare, and the managers of these businesses receaue their due com̃endam̃on∥
∥4. Branch That ye soyle produeeth &e∥
∥4th branch Answ.∥ That the soile p̳duceth vines in abundance, is an vnde- niable truth and was notoriously knowne aboue 14. yeares nowe past, but soe little Care was there taken to sent∥d∥ over Choice plantℯ of the best kinde of Christendome (as they affirme) that Mr John Ferrar then Deputie did not vouchsafe to send those twoe or three thowsand plantℯ wch Capteyne Each bought purposelie from Malago to that end, nor did soe much as put them into the Grownd to be p̢served and sent another yeare, though desired to doe it, and his negligence was the greater Con- sideringe that some of those plantℯ beinge sett here in Aprill. 1622. by a gentleman of or Companie growe very well and they would haue beene a great helpe to the [13] speedy raisinge of that soe much desired Com̃oditie; for the Advancemt whereof wee haue received expresse direcc̃ons from his most Sacred Matie.
∥5 Branch. The vignerouns &c∥
∥Answ. 5 branch:∥ The vignerouns that haue beene sent are some of them dead, §&§ vnder those that remayne very fewe or noe servantℯ are put, soe can Wee hope for little of that Com̃oditie from Virginia in manie Yeares: last yeare Wee had a taste of Wyne, this Yeare nothinge, (the Massacre saues all) and yet even dureinge the whole ∥old∥ gou9nmt the Companie had some taste ∥of this Com̃oditie∥ sent them, and therefore Challengeth the honor to haue beene the founders of it, and this is ∥it beeing a thing∥ notoriously knowne, for the Wyne was given to the Adventurers and druncke at their gen9all meeting As for the 1000 plantℯ they say were planted in some one Vineyard, Wee Will not Contend wth them, but only pray them to explaine whether the Vineyard was a rood or an Acre of grownd at moste and in directe termes to say whether it was only a nursery of plantℯ set in a garden Plott or noe and whether the plantℯ were those of the Countrye bringℯ forth, or of such as were sent from hence
∥6 Branch Mulberry &c∥
∥Answer. 6 branch∥ Mulbery trees the Countrie is full of and order taken for plantinge them but little hath beene done therein, but only makes ∥making of∥ orders for the Planter little Cares to plant trees to feede the silke worme that will not plant vines to make Wyne for his owne drinck- inge ∥nor so muche as Corne for his owne releife∥ But the seed to the great greife of the Companie ∥they say∥ hath in miscarried and ∥(we say)∥ alsoe by the negligence of Mr John Farrar, whoe would send all the seed in one Box and sometymes in vnseasonable tymes of the yeare by wch meanes the eggs hatched by the Waye and soe dyed for want of foote ∥food∥, from wch Course he would not be diverted though earnestly pressed But nowe they haue received the seed as they say and Wee Knowe they haue had seed in Virginia longe since and retorned from thence silke in some quantitie wch was spunne in Sr Thomas Smiths Hall, They haue had alsoe some seede since the newe Gou9nmt but suffred [14] it to perish by reason there is such a poore valuac̃on set vpon silke in theire booke of Rates that all men are discouraged to trade in that Com̃oditie And dureinge the old gou9nmt there was a house built to p̢serve the Wormes in when they Wrought and Mulbery trees were alsoe planted in those tymes neau neere the habitac̃ons of or people both wch wth extreame negligence haue beene decayed and suffred to perish such progressions haue beene made in staple Com̃odities theis last foure Yeares
∥qre∥
∥ 7 Branch. Men &c∥
∥Answere. 7 branch∥ Men skilfull for sawe Mills were procured from Germany and sent to Virginia at the Companies great Charge This Wee Confesse it and averre that ∥to or vnderstandingℯ∥ it was the most indi- gested proiecte that hath beene sett on foote by the Company: for vpon b x x x supposall that the Rivers in Virginia Virginia afforded Convenient meanes to erecte the sawe Mills and sett them on Worke theis Workemen were in Hast procured and wth excessiue Charges sent over to Virginia Where they spent 7 or 8 moneths to finde out a Convenient place to set the Mills on, wch at last beinge found the poore Dutchmen beinge dishartned by theire vnkind enterteynement in Virginia and almost famished by theire meane provisions and beinge vtterlie disabled to bringe that worke to per- fecc̄on wthout the helpe of Ma many handℯ wch an order of Courte made here cold [could] not helpe them to in Virginia they (oppressed wth theis and many other Difficulties too great for them to overcome) fell greiviouslie sicke of the diseases incident to that Countrye and of that sicknes one of or twoe of them dyed and the rest im̃ediatlie vpon theire recoverye (the p̳mised helpe of Men failed failinge them) retorned for England and by Consent of the Gou9nor whoe it seemes Conceived the busines was not feasible and since theire retorne there hath beene nothinge attempted much lesse done in that Worke: and theis are the good effectℯ wch they assure His Matie in this branche of theire Declarac̃on will shortly appeare And the principall proiect beinge thus weake what can be hoped or expected of the rest The shipwrites that they speake of in the next place were not sent at the Charge of the Company but only by the purse of private Adventurers and in all were about 20 men and boyes Whereof [15] the Maister workman is dead and many alsoe of his principall men whoe brought their death wth them into the Countrye beinge fedd (as wee haue heard) by Corrupte victualls in their passage to Virginia in the shipp Called the Furtherance and for that ∥by meanes whereof And because∥ not only theis Shipwrightℯ but almost all the passengers that went in her dyed im̃ediatly vpon theire landinge It is therefore humbly prayed that diligent enquirie be made of this reporte and alsoe by whome the shipp was victualled and set out at at or before her retorne: and to Conclude this matter of Boatwrightℯ wch they never attempted tillt his laste Sum̃er they are herein manie Degrees behinde the old Gou9nmt for in those tymes there was builte ba boatℯ of all sortℯ vizt Barges Pinaces Frigatts Hoyes shallops and the like.
In the salt workℯ wch they speake of there hath beene soe little done that the Collonie by buyes all theire salt for theire necessarye vse wch worke the old Gou9nors had brought longe since to good perfecc̃on In deed there was an intenc̃on to haue sett vp those workℯ vpon Condicc̃on the Com̃oditie might haue beene engrossed by thadventurers of South̴ton Hundred wch monopolie was vrged home wth pressinge argumentℯ by the faithfull Treas- urer ∥Sr Ed: Sandys∥ but was opposed to effecte, and ∥by wch∥ it is to ∥may∥ by obs̃ued that Sr Edwyn loues Monopolies better then the world thinckℯ he doth and ∥els would he not as it is thought∥ proiected secretly to his owne benefitt this of salt, and wiselie Contrived that other of Cole sole sale of Tobaccoe; but fatallie failed of both in soe much that neither the primitiue salt nor the derivative sallary prospered wth him: For the other Com̃odities that ∥they speake of wch∥ they say they haue sent other persons over to raise them: When they shall be at leasure to name them wee will giue them a directe answere thereto, in the meane tyme Wee passe over wth silence those nameles and to vs vnknowne Com̃odities wch vnles there were anie such indeed wee wish noe menc̃on had beene made of them in print wch hath given an occasion both to them in Virginia and to those here that knowe they are but meere fancies to suspecte the integritie and realitie of or proceedingℯ in theis businesses.
[16] ∥8 Branch∥ The lawe which stints men
∥Answ.∥ from plantinge aboue 100 Weight of Tobaccoe was passed wth great difficultie in the Quarter Courte here as p̢iudiciall to the Adventurer and was p̢sently Confirmed by the Planter whoe knowes nowe his vnder- taker in England can demand of him but 50li of Tobaccoe for his whole yeares labor soe that his Tenancye at halues is turned to a Certyne rent But if the Planter that is a Teñnt shall punctuallie obs̃ue this lawe then he hath to cloath himselfe and to buy Workinge tooles [sic] about 46li ∥pound weighte∥ of Tobaccoe for the other 4li ∥pound∥ is defalked for duties belonginge to his officer and minister and Tobaccoe beinge decried to 12d the pownd in Virginia (as Mr Nicholas Ferrar affirned at the Councell board it was) then the Planter hath 46s of money for his Tobaccoe and the Marchant wth whome he is to trade raiseinge the prize of his goodℯ at pleasure sometymes to the double sometymes to a 3d and never lesse then to a 4th more then they Cost here in England the Planter hath by this Account about 34s worth in Com̃odities when he is best dealt wthall for his whole yeares labor and soe instead of reclayminge the Colonie from excessive plantinge of Tobaccoe the poore planter must either starve or be forced to plant it in greater quantities for his necessarye maynteñnce And as for the settinge soe manie staple & rich Com̃odities on foote at one instant ∥wch they speak of∥ it was a worke of an ill Consequence for thereby nothinge is done in anie one of them but all is vanished into smoke (that is to say into Tobaccoe) whereof alsoe they haue noe great store, for this yeare they haue not sent home soe much as the little poore Plantac̃on of the Sum̃er Islandℯ hath done wch is brought to the perfecc̃on that it is come vnto by the labors and Charge only of a fewe priuate men.
∥qr∥
The pretended competent val valuac̃on set vpon Com̃odities was a Worke meerely vnnecessary: for the Marchant knowes what to giue and the Planter loues his libertye, and esteemes this set price a bondage, it made him alsoe despaire to thincke of those businesses because the rates were sett soe lowe; It alsoe brought a scandall vpon the Companie as hath beene said before to sett out in print fancies and imaginac̃ons in stead of reall truth.
[17] ∥9. branch∥ The officers in Virginia are applauded
∥Ansr.∥ for their obedience in executeinge the direcc̃ons and Desires of the Company here: Wee wish that men had beene imployed in that service to whose advice and Councells the Companie here might rather haue hark- ened and received light and informac̃on for theire p̳ceedingℯ ∥from thence∥ Then might it haue beene hoped that wee should neither haue spent soe much money and paynes to soe little purpose, and most especiallie that Wee should not haue lost the liues of soe manie of or deare Countrye Men, a thinge that lies most heavie vppon vs: for wee knowe that he that sendℯ a shipp to sea in an vnseasonable tyme, or wth an vnskilfull Pilott and he that Com̃ittℯ the leadinge of soldiers to an vnfitt §&§ experienced Capteyne is reputed Com̃onlie the Cause of theire destrucc̃on if such a disaster doe befall them: And therefore Wee desire that or Com̃endac̃on of those officers ∥and that govermt∥ vnder whome the destrucc̃on of soe manie men hath happened may be spared vntill vpon due examinac̃on they shall appeare to haue des̃ued noe blame therein.
∥10 branch∥ ∥Answ.∥
∥10. It is not remembred that there haue ben any lawes giuen to the people in the Colony from hence during these last 4 yeares, but it is desired if they have made any such for the well gouerning of the Colony they may be produced. We confess there were some lawes made by the Planters themselues, if they have made any such in their generall assembly, but were neu9 that we know confirmed here so that they remayne not in force but by coñiuence only and so may serue to ensnare a Gouernor who shall not concurr wth their Humor that manage businesses here and what content or settlement this can giue to the Company Colony we know not in the meane tyme we are sure we heare much complaint of wrongℯ and oppressions amongst them And whereas they say that∥ To remoue extortion and to allure worthy p̱sons, they haue sett out Competent mayntẽance for officers and Wee haue Cause to Conceive the sicknes is not Cured but the Charge increased and become insupportable to the Companie. Wee are sure the benefitt is shared by brothers, Cozens, and assured freindℯ there to those whoe by that and other meanes sway all the businesses of the Plantac̃on both there and here; Wee say alsoe that parte of this Charge was vnseasonablie layd when the Companies stocke was vtterly exhausted whereby or bound bountie may be applauded but or discrec̃on will be shrewdly questioned; And whereas they say that theis offices were stated wth pencions at the Councells and Companies great Charge, It had beene as wee Conceive more truely and gratefully said that it was done wth the Monies raised by Lotteries wch was a Worke and effecte of grace in his most excellent Matie soe that the Charge in deed issued not from the Councell and Companie as here is alledged ∥intimated∥ but out of the purses of the subiecte in gen9all.
[18] ∥11 branch∥ Theire cares haue not bene
∥Answ9∥ vneffectuall wee Confesse for the Colony is nowe oppressed wth famyn and sicknes wthin and engaged in a Warre wth the Natives wthout, And whereas the savages were formerlie brought to good Corespondencie ∥& or∥ made tributarie to vs, they nowe dare maynteyne an open Warre wth or people and beinge armed wth or Weapons and havinge learned the vse of Muskett ∥or guns∥ can brave them ∥or men C countrymen∥ at theire verie doores: and in theis necessities what but vtter shippwracke can be expected when at the helme of this Wetherbeaten shipp ∥vessell∥ there sittℯ scarce one able and experienced Councellor to guide her but all of them gen9allie either newe Com̃ers or men of Contemplac̃on and dis- course ∥&∥ not of action or experience in gou9nmt.
But you ∥they∥ say that at home you ∥they∥ haue raised soe great a fame of Virginia that many p̱sons of good sorte haue remoued themselues thither.
Wee Confesse that the fame they haue raised of Virginia hath sent manie other over of good qualitie that trusted to their rumors of plentye and aboundance wth small or noe p̳visions whoe either haue all perished or haue suffred horrible extreamities for theire Credulitye and this mis- cheife would haue swallowed vp the liues of many more men but that there haue alwayes some risen vpp in the Companie whoe haue opposed theis miserable pollicies wch being vsed vnder a specious p̢tence of ad- vanceinge the Plantac̃on haue produced the miserable effectℯ that nowe though too late Wee may be all sensible of, that haue anie Christian Compassion lefte ∥in vs∥: But as the miseries wch manie haue Mett Wthall in Virginia hath ∥haue∥ sent back some of good quallitie (that ∥who∥ haue outlived them) home into England, soe wee feare more will shortly followe But were the former tymes in this inferior to theis later as theis men would imply If it be soe for tryall of the truth thereof wch must appeare by p̱ticulers, Wee desire ∥amongst others whose∥ they would match theis men whose names they shall finde in the m9gent whoe adven- tured their p̱sons into Virginia dureinge the old gou9nmt And then it will appeare whether in this point alsoe as in all others the Plantac̃on goeth not backward.
[19] ∥12 Branch∥ There haue beene 44 Patentℯ
∥Answ.∥ graunted wthin theis 4 yeares and many more Wee Confesse but aboute 28 of them ∥(as we compute)∥ were either graunted to such persons as had begunne theire Plantac̃ons before theis 4 yeares or to men that haue done nothing wth them but only purchased theire freedomes thereby and perhapps a Councellors place either here, or there or by it haue made theire farest introducc̃on to an office in Virginia or p̢sently made demand of one But whereas they say that theis persons to whome theis 44 Patentℯ are graunted haue haue vndertaken each of them to transporte one hundred men at the least It is desired they would set downe what securitie the Companie hath that this shall be p̱formed ∥and in what tyme∥ and why those that haue not p̱formed accordinge to theire vndertakinge are not pressed therein. The last Clause of this branch wch ∥sayes∥ positively that in the former 12 yeares there were not aboue twoe Patentℯ graunted seemes too peremptorye that in theis former 12 yeares Wee finde that theis 4. ∥double that number∥ vizt one to Sr Samuell Argall, one to Martyns Hundred, one to Capteyne Martyn and one to Capteyne Lawne whoe all proceeded effectually to plant the land graunted vnto them effectually accordinge to the purpose of theire Patentℯ Soe that what good hath beene effected by this Course of grauntinge Patentℯ had itℯ vse and grownd ∥rise and ground∥ from the old Gou9nmt, though wee Confesse it was not soe lavish in Parchmt as theis later tymes haue beene, the good fruitℯ whereof wee would most gladdly knowe.
∥quere∥
∥branch 13.∥ Wee doe ∥not∥ finde that the tenne
∥Answ.∥ tymes more new Adventurers ∥who∥ haue come in wthin theis foure yeares haue brought in to the publique Treasury 200li and they can hardly shewe that the hundred they speak of whoe meete at their quarter Cortℯ haue at any tyme vnderwritten f[our]e 300li to releive the Collonies Wth Corne Apparrell and munic̃on in this tyme of extreamitye, when ∥whereas∥ diu9s single p̱sons dureinge the old gou9nmt haue voluntarie ∥ly∥ lent for supplie of the p̢sent wantℯ double the same ∥as great a∥ Sum̃e But this wch they glory in of the Multitude of Adventurers wherewth theire Courtℯ are filled may ∥p̱haps be∥ more truely be Complayned of as a [20] greivance and a thinge we Worthie the enquireinge into And then it will be seene Whether that Course be for the helpe and Advancemt of the Plantac̃on or Whether they be not invited to make that apparance for other sinister endℯ as either to make sure some elecc̃on of officers assured friend to the p̢sent Carriage ∥Managers∥ of ∥these∥ businesses or to be spectators of some arraignemt, or to be hearers of some bitter Invectiues and scandalous asperc̃ons to the end they may be sure to haue them spread over Towne and Countrye or to Confirme some sweete busines such as the Sallary was or at least to countenance and grace theire proceedingℯ wch is the more probable because that sometymes when only the directe businesses of the Plantac̃on are to be handled there haue Wanted a Competent nomber of Councellors to keepe an ordinary Courte even since theis glorious tymes that haue beene soe plentifull in bringinge forth Adventurers And those Courses wch haue beene practised thus to encrease the nomber and by pluralitie of voice to sway busines accordinge to theire owne affecc̃ons hath made most of the old reall Adventurers vtterly to desist and give ouer the Worke Soe that of this multitude of Adventurers wch they bragge of Virginia may most truelie though wth greife say Inopem me Copia fecit.
qre who
∥14. Branch∥ The imploymt of 42 sale of shipps
∥Answ.∥ in 4 yeares is in it selfe a good busines but the grownd of theire imploymt was in great parte holpen by the Discoveri§y§e of the fishinge in newe England found out dureinge Sr Tho: Smiths gou9nmt at the Charge of the Company by Sr Samuell Argall, Capteyne John Smith and others: As for those that ∥so many∥ of the 42 shipps that ∥as∥ haue beene imployed only in transporte of multitudes of people to Virginia it will wee thincke be sufficiently Conceived by what hath formerly beene said that theire labors might haue beene better spared then vsed for then had Wee saved not only many Mens liues but the Colony had beene likewise better furnished wth victualls and provision: much whereof the Maryners of those shipps lingeringe there for a poore fraight of Tobaccoe haue beene a meanes to waste and Consume even in this tyme of dearth and scarcitie wch nowe raignes amounge them.
* * * * * * * * * 1
Pp. 21–22 missing.
[23] erectinge of one Forte In the Meane tyme Wee Wish they could giue a good Accompt of vpholding them that Were made in Sr Tho: Smiths tyme Wch Wee feare are all or the most of them ruyned, soe provident and carefull haue they beene both in the name of sendinge of his Mate subiectℯ to Virginia as hath beene aforesaid, and of theire safetye when they come thither.
∥And∥ Thus haue Wee playnely and fully as Wee hope made answere to the seu9all branches of theire declarac̃on by wch in some sorte may appeare the Different Carriage and successe of that Plantac̃on vnder the first gou9nmt thereof by the space of the first 12. yeares and vnder the later gou9nmt dureinge theis last 4. yeares In breife (passinge over the Workℯ wch were effected dureing the first gou9nmt the p̱ticulers whereof for proofe of/what hath beene said here in gen9all shall hereafter be more fully declared) Wee conceive and (though wth greife) wee ∥must∥ speake it, because in Conscience and Dutye vpon this occasion wee hold orselues bound therevnto ∥so to doe∥ That for aught appeares to vs the true estate of the Plantac̃on and the fruite [of] 2
Torn away.
the last 4 yeares labors may be thus Sum̃ed vp vizt ∥That∥ 90000. sterlinge at th[e] leaste hath dureinge the said 4 yeares beene exhausted That in that tyme the Kinge hath loste aboute 3000 of his Subiectℯ lives if not more, That these fewe whoe remaine in the Colonie are for the most parte in great want and miserye, That they are ingaged in a warr with the Natiuℯ whoe doe now insult over them, That the old and most healthfull partℯ of the Plantac̃ons are or were lately deserted, That the fortℯ bridges and publiq̢ workℯ made in the tyme of Sr Tho: Smiths gou9mnt are (if not all yet most of them) either ruyned or demolished and none in lieue of them erected, That a great parte if not all the ordnance sent in Sr Tho: Smiths tyme (these beinge none other for ought wee heare sent since) is become vnserviceable That there is noe staple Com̃odities yet raised, not one Guesthouse built (the want whereof hath beene the death of manie men) That most of the old Adventures here and best experienced Com̃aunders and officers there haue deserted that worke and in theire Roome or Courtℯ here stuffed wth a great many Men whoe beinge in little or noe Adventure And the poore Collonie there left to the guidance of Men little or rather nothinge at all experienced in materiall ∥martiall∥ busines whereby (besides the sicknes, no mortalitie ∥famine∥ and other miseries that invade them ∥Colony∥) their lives are in Contynuall ieopardye, and the ruyn and Destrucc̃on of the whole worke together wth the honor thereof most apparently threatned.Lastly for supply of theis defectℯ not only the publiq̢ stocke who[ll]y 1
Torn away.
exhausted but the Companie by the Computac̃on aforesaid, six or seaven thowsand powndℯ in debt Soe that it were to be wished those who drew the declarac̃on to his Matie would leave varnishinge theire owne Acc̃ons wth colourable shewes and Causinge balladℯ to be printed of Wee knowe not what imaginarie successe plentye and prosperitie and ∥be drawne∥ so farr at last §soe§ farre ∥to∥ Com̃iserate the Calamities ∥ous∥ and distressed estate of that ∥or∥ poore Colonie ∥Countryemen∥ as fullie and Cleerelie [to] discover the same to the viewe of or most gracious Sou9aigne whoe out of his tender regard of the good and welfare of that enterprise hath beene pleased to appoint the whole Carriage of those businesses to be searcht into & examined by his Worthie Com̃issioners to whose good acceptac̃on wth all dure due respect wee p̢sent this answere and ∥setting aside all partiall respects∥ shall be redy wth honest hartℯ to Contribute or ∥best∥ endeavors for findeinge out the truth, and ∥for∥ Advancemt of that publiq̢ Svice.This title is taken from Manchester Papers No. 333 which is here printed, and varies somewhat from the title given in List of Records No. 447.
May (?), 1623A note of some thinges fit to bee inquired into by the Comrs. for the better discouerie of the true estate and Condition of the Plantations, and of the proceedeinges and cariage of that buisinesse.
And first for that of Virginia.
This Inquirie is to respect two severall times, viz̃t the time when the affaires of those Plantac̃ons were chiefelye directed by Sr Tho: Smith (wch was about the space of ten or twelve yeares) and the tyme since hee gave over the said Government to this p̢sent.
Concerning the first, for a more distinct proceeding in this Examynac̃on, theis things amongst manie others may bee inquired into.
When the first Pattent beganne, how by degrees that Plantac̃on was prosequuted, by what rules those affaires are, and haue binne governed, and whether the same shalbee thought fit to bee continewd, or altered to a better.
What moneyes were received in the severall yeares of Sr Thomas Smithes Government, to whom they were paid, who kept the Accompt of them, howe the said moneyes were severallie brought in, vizt. what by Lotteries, what by other Collections, and what by voluntarie Adventures, and how those moneyes haue bynne accompted for, and what discharges thereupon given.
What ships, men, Cattle, munic̃on, and furniture were set forth in the said severall yeares.
What publique Workℯ were effected dureing this Government, viz̃t what houses or Townes built, what bridges, what fortℯ, what Churches &c. what Nomber of English persons were resideing in Virginia, when Sr Tho: Smith left the Government, and whether the said Persons were sent, and the said buildingℯ and publique workes performed by private Adventures, or vpon the publique stocke and for the benifit of the publique,
What were the vsuall prices of Corne and Provisions in the Collonye dureing the time of Sr Thomas Smithes Government, how were they sup- plied of victuall &c from hence, whether vpon the publique stocke, or by private Adventurers that made Comoditie, and advantage of what they sent thither.
What magazines were set vp in Sr Thomas Smithes time, and by whom, what were the vsuall prizes at wch the said magazines bought and sold, by whom were the said magazines cheifelie mannaged, and what gaine or losse came to the Adventurers thereby.
What staple Comodities were raised and what attempted dureing the time aforesaid.
Whether was there anie open and notable differences and dissentions, among the Companie here, dureing the time aforesaid, if anie how did they growe, and how were they compounded, or was there a generall Concord, and agreement amongst them, and in what Tearmes stood the Collonies there at at that tyme in regard of peace, or enmitie with the Savages.
Howe came the lotteries first to be invented, and by whom, when did they beginne, who directed that buisines, and who were imployed as Agentℯ in it, what fraudℯ or abuses were comitted in the cariage of them, howe were the said lotteries furnished, and by whom, whether vpon the publique stocke, or by private men, and who were they that did s helpe to supplie it it with prizes, or Comodities of their owne prop̱ goodℯ, money, plate, or Jewells &c. what were the particulers that were so put in, and vpon what Tearmes, and what gaine or losse came to such private Persons, in lieu of the said Comodities.
What were the valewe of all the prizes in the said lotteries, were the prizes that were drawne dulie paid, what was the totall Sum of money collected by the lotteryes, and in what places were the said moneyes collected, what course was held for secureing a true Accompt to bee given, of all the said moneyes, what Charges for dyet, horsemeat, and travaileing expences were demanded, by those that mannaged that buisines, and what for those Charges was allowed, and by whom was the said allowance of ordinarie Charges made, what rewardℯ were given to anie Person or Persons whatso- ever out of the said lotteries, and by whom, and in what respect, what Accompt was made of the moneyes, &c thus Collected, and by whom, who tooke th'accompt, to whom were the said moneyes paid, and what discharges haue binne given for it.
How long did the said lotteries Continew, did they for a time cease, how came they to cease, and how, when, and by whom were they againe set vp, and how came it to passe that at last they were quite taken away.
[3] The like Course of Examynac̃on to bee held for the 4 yeares since Sr Thomas Smith mutatis mutandis. With a particuler direction, exactlie to distinguish the men, munic̃on, Cattle and other supplies sent by private Pattentees, and such as were sent vpon the publique stocke. (for it is to bee observed and remembred, that divers have taken Pattentℯ and planted at their owne Charge, wch is no part of the publique.) As also to Inquire throughlie what Commoditie hath ben produced dureing the said last yeares in lieu of the great expence of this§e§ publique Treasure, raised by lotteries, collections, voluntarie Contribuc̃ons &c. who hath had the benifit hereof if anie hath ben made, what new offices haue bin in this time invented, who are the principal Officers, what allowance is made vnto them, and by whom, and what Charge haue they put the Companie to
That the Comrℯ inquire carefullie vpon what groundℯ good and warrant- able groundℯ the Companie adventured to send such multitudes of people theis 4 last yeares, whether the sending of so manie people hath not vndis- creetelie wasted the whole publique stocke, and bin a meanes to cast away the lyves of so manie of his matℯ Subiectℯ, therefore to know what Intelligence they kept with the cheife of the Collony there, to vnderstand whether they were able to lodge, and feed so great a number as were from time to time transported thither. That the Comrs cause that vpon oath they produce all their ɫres to that purpose p̱swadeing or diswadeing the sending of so manie p̱sons, and vpon oath to inquire whether at one and the same time from some one or the same p̱son, or by some other of good Credit, there were not private ɫres written to some cheife men of the Companie, concerning the true estate of the Collonies, contrarie to those that were read in publique, whereby the Courtℯ were deluded and drawne to Consent to the vast Proposic̃ons of some, who it is to bee feared ayme 1
The draft (Manchester Papers 331) has "ayming" altered by Sir Nathaniel Rich from "ayme."
more to obtaine the fame of sending great multitudℯ of people in so short a time, could not or would not see the daunger of the way they tooke to arrive at that End.[4] To bee verie carefull to examyne the magazines of theis last 4 yeares and the prices thereof, here, and in Virginia and who made the benifit of them.
To Inquire into the Causes of the last massacre. And what indeed is the true Condition, and estate of the Plantac̃ons at this present, what publique stocke remaynes, and vpon what groundℯ the Plantac̃on is like to subsist, and growe, and of all Incidentℯ whatsoever concerning all, or anie the Premises.
[Indorsed, in the copyist's hand:] Notes of some speciall Instructions to bee given to the Commissioners for the Plantacons in Virginia.
If the Companies be bound to bring in all their Tobacco although the payment of 12d the pound be reduced vnto 9d the pound, yet the clogg is greater then the ease: in reguard that the Plantations haue neuer vented aboue Third of their Tobacco in this Kingdome when the quantities returned from the Plantations was not halfe of what is now certaine to be, but to speake with the largest, allowe that there shalbe half of it vented, then the case will stand thus,
∥it was a merue- yle that when Tobacco was freely brought in from other places that prevented any at all of ours∥
∥first, they doe not make so much∥
Virginia and the Sum̃er Ilandes bring home 300000 weight of
Tobacco whereof there will not be vented aboue one hundred and
50000 here in England at ye most & at 9d ye pound, for this
the are to pay the some of
∥2ly, if none be brought in but from thence we shall vent about 300,000wt∥. |
11250li |
But if they were not thus compelled they will bring in no more then will serue the markett (viz.) one hundred and 50000 weight for which although they pay 12d the pound it comes vnto but | 7500li |
So that being thus compelled to bring in all they doe not ease themselues (as the Customers pretend) of 3d the pound: but they doe charge the tobacco with 6d the pound more then they formerly payd: And the ffarmors although they pre- tend to abate for the good of the Plantations in reguard that in euery perticuler pound they abate 3d yet indeed they take very much from them for whereas bringing in only what would vent they should receaue but only | 7500li |
Now by this meanes they rayse by bringing in all 11250li wch is 3750li more then they should haue otherwise had, & soe much losse it wilbe to ye Companies yearly in this one thing and that indeed howsoeuer it seemes that they doe abate 3d in the pound, yet indeed they make the Owner pay 6d a pound more, and so I must conclude, that every pound standℯ in 18d So that it appeareth playnly that the condic̃on onely of being forced to bring all in from the Plantations doth putt ye Companies in a farre worse case then they were before although there be 3d in a pound abated to ye intent they should agree therevnto.
[Indorsed, in the hand of Sir Nathaniel Rich, in which the marginal notes are also written:] Mr Nicholas Ferrar his Computation by which he would prooue that to pay but 9d p̱ po. for or Tobacco, and to bring all in is worse for the Companye then before to pay 12d and to be left at libertye what we would bring in—in wch he speakes not one word of the benefitt of sole Importation that accompanyes the 9d whereas before we payed 12d and all other Tobacco came in.
[A note in shorthand.]
The Names of diuers Knights Cittizens and Burgesses of the Lower House of Commons that are Adventurers and free of the Virginia Company and yett haue not had any parte nor followde the buissiness for sundry yeares.
Sr William Fleetwood | Sr George Calvert | Mr Sherwyn |
Sr Thomas Denton | Sr Edward Conway | Sr Thomas Grantham wth diuers others wch wee cannot vppon a sudden set doune |
Sr Charles Barkly | Sr Edward Cecill | |
Mr Art | Sr Robert Heath | |
Mr Thomas Treauor | Mr Jhon Arundell | |
Mr James Bag | Sr Nicholas Tufton | |
Sr Jhon Walter | Sr George Goring | |
Sr Jhon Stradlyng | Mr Robert Bateman | |
Sr Baptish Hicks | Mr Martyn Bonde | |
Sr Arthur Ingram | Sr Th. Midleton | |
Mr Lewson | Sr Robert Mansfeild | |
Mr Thomas Bonde | Sr Dudly Diggs | |
Sr Georg Moore | Sr Humfry May | |
Sr Jhon Cutts | Sr Jhon Ratcliff | |
Sr Edmond Bower§y§ear | Mr George Garrett | |
Sr Henry Fane | Sr Henadge Fynch | |
Mr Delbridge | Mr Edward Spencer | |
Sr Thomas Jermin | Sr Phillip Cary | |
Sr James Perrott | Lord Wriothsly | |
Mr William Oxenbridge | Mr Jhon Moore | |
Mr Jhon Drake | Mr Morrice Abbott | |
Mr Dyot | Sr Jhon Scudamor | |
Sr Oliuer Cromwell | Sr Arthur Harris | |
Mr Knightly | Sr Arthur Mannering | |
Sr Robert Cotton | Sr Jhon Saint Jhon | |
Mr Seldon |
[Indorsed by Sir Nathaniel Rich:] The names of such as are of the Com̃ons house free of the Virginia Company by Mr Farror.
Written in the hand of Sir Nathaniel Rich.
May—June, 1623§Thus appeares theire miserye now§ that the people §now there§ remayning in the Colony in Virginia §are few are few§ we gather, it thus.
The Catalogue of the peoples names wch was dulye duelye §in the Colony is appointed to bee sent ouer euery yeare to the Company here§ sent ou9 euery §of these last§ yeare §s§ heretofore, and for wch there is &
The Catalogue of all the peoples names residing in the Colony is appointed by order from hence to be sent ouer d euery yeare, that so the Company here may discerne of the strength of the Colony. This is either omitted this yeare or concealed from vs. And no reason can be §is§ alleadged, for the omittal of it but on the contrarye it was easier this yeare to haue taken euery mans name in the Colony, because they were by reason of the Massacre they were driuen from their s seuerall Plantac̃ons and forced to inhabitt neare together
By the last Muster Rowle of the people there taken §the last Sum̄er§ much about the tyme of the Massacre there were in all of men women & Children §in Virginia§ but 1240: and except only the people remayning at Warasquiack wch were but 3 households. Since wch tyme their letters make menc̃on of 5 or 600 that haue p̱ished wth sicknes and famine. And many after that tyme perished by the handℯ of th'Indians.
And here we doe obserue that when this Muster Roule of the yeare 1622 was taken it appeareth §by the printed bookes of the Companye§ that t in the 3 yeares before vzt 1619. 1620. 1621: there had ben 3570 people trans- ported: And there was not less then 800 at least left in the Colony when Sr Thomas Smith left the Gouermt: wch makes 4370 p̱sons. So that it is playne by those Muster Roules that §euen§ in those 3 yeares before the Massacre there were lost aboue three thowsand soules §wch needℯ proceed from much negligence & want of good gou9nt:§ besidℯ those that haue p̱ished by t since by th'Indians and by sicknes: And so consequently that the people remayning in the Colony are but few. wch likewise appeares by some of their ɫres.
3: Mr George Sandys in his ɫre to Mr Wrott hath these wordℯ The lyuing haue ben hardlie able to bury the dead thorough their Imbecillitie We haue lost not less then 500 by sicknes (wth a generall weakenes of the rest) wch taken out of so small a nomber forth §farr§ short of yor Coniec- tures I belieue haue not left behind them so many able men in the Contrey: And more expressly he saieth that out of the whole Colony the we could rayse but 180 whereof 80 were fitt only to carry burthens.
Againe the Gouernor Sr Francis Wyatt 4 Aprill last writes to [sic] §in§ his father sayeth thus: They (meaninge the Company here) talke [2] of an Armye of 500 to issue out vpon th' Indians in all parts and after a Ruñing Armye of 150 to vex them in all places This ioyned wth the 5th man te keepe for the ffort would leaue some xx men to guard 40 Plantac̃ons halfe a man to each, counting any that were tolerable shott for a man. I know what I say and to whom I speak it.
Againe we find besidℯ diuerse passages in their ɫres from thence by wch we may discerne the paucitie of the people we find that one Will͠m Capps beeing generallie approued as a fitt man to be imployed against th'Indians he demanding but 40 30 small shott and 10 men to secure the Boates was as it seemes putt of wth §by§ this Reason giuen in their Counsell there. That if theis men should be slayne then their whole state were ouerthrowne. By all wch we conceaue that in truth their nombers are very small and weake: And in great danger either to be vtterlie ruyned either by th Enemy or by ffamine or both.
The §generall§ causes of this misery for ought appeares to vs seemes to be theis may amongst diuerse others saue be theis
These may be gathered, not only. And these [sic.]
All wch (besidℯ some p̱sonall taxations vpon p̱ticular p̱sons may be collected f euen out of their owne ɫres lately receaued from thence Vzt.
Mr George Sandys: to Mr Wrott 28 March last] So many come ou9 wthout any prouision, and those yor sett out yor selues (meaning the Com- pany) so furnished to halues (a mayne cause of their deathes) that they make a dearth of a plentifull Haruest.
Mr Niccolls to Sr Jo. Worselnham 2 Ap: last] 1
For fuller abstracts, see Manchester Papers, No. 338, List of Records, No. 523. See post, No. CCCLXXII. Wording here varies slightly only. Dots represent words omitted to avoid duplication of CCCLXXII.
It may appeare to be want of comfortt & no way the ill disposic̃on of the Clymate or ayre of the Contrey that men dye so fast. Those that incourage men to come ou9 by vayne hopes of plenty are the cheife causers of their death:
§The Lady Wyatt to her sister Sandys: 4 Ap. 1623.]
Few in the Shipp that I came in are left aliue. They tould me they sent the Shipp less pesterd for me but I had not so much as myne owne Cabbin free to myselfe: Our Capt seemed to be troubled at it and layed all the fault on the two Mr Farrars: And he to make the people amendℯ dyed himselfe.§
For stuffing yt ship see my Lady Wyatt's ɫre
Richard Norwood Ap. 8.] It was the first of Aprill before we came to Virginia and were halfe starued for want of victualls by the way &c.
Wyll͠m Capps to Mr Jo: Farrar: 31 M9ch last.] saieth it must need writes large instructions §saieth§ I haue here taken some paynes for yor Instruction ... dyed this wynter & a little before.
The first cause hereof is * * * care had by you. 2ly the dogged vsage ... instead of Beare. Next for Sir Wm Newce Mum 4 Lastly want of guesthouses. Now if the Company will send me ... the building of a sconce for defence &c. 1
As in Manchester Papers, No. 322, List of Records, No. 432. See ante, No. CCCV.
Mr George Sandys to Sr. Samuel Sandys 30 M9ch last.] How well wee began to build ... [4] ... The Massacre beeing seconded wth a generall sicknes &c and had I not had a share in a Shipp both I and myne had famished. 2
As in Manchester Papers, No. 320, List of Records, No. 429. See ante, No. CCCIV.
Mr George Sandys to Mr Farrar, xj Ap. last.] One thing I haue forgott to informe you of: We haue a very weake Counsell. ... how we can be supplyed in this Contrey. 3
As in Manchester Papers, No. 326, List of Records, No. 461. See ante, CCCXXIII.
[5] And to the same purpose§ Wm Capps to Mr Jo: Ffarrar 31 M9ch last.] I tould you sayes I tould you of entertayning new ... euen this brought all to naught. 4
As in Manchester Papers, No. 322, List of Records, No. 432. See ante, No. CCCV.
And thus it appeareth euen by their owne letters: 1 That those §the§ people now remayning in the Colony are but few: 2ly That they are most weake and miserable §beeing§ in danger to be ruyned §both§ by famine and by the handℯ of th' Indians. And thirdlie That this misery is befallen them p̱tlie through want of good gou9ment and direcc̃ons both here and there.
[Indorsed:] An Abstract of the ɫres from Virginia all but Frethornes wch must be added out of the Coppy at large.
A Copie of the letter to the Governor and Counsell of Virginia by the Bony Bess
After or very hartie Comendac̃ons: Wee haue receaved yor letters sent by the Trueloue and James, whereby we vndrstand through Gods assistance you haue made a good begining to that iust revenge wch you owe the Authors of that bloody Massacre: wch we desire you very earnestly wth all diligence and care to prosecute, according to the advise and instrucc̃ons we haue formerly given you and that course you haue already begun, vntill you haue so fully accomplished it as yor security from all danger in that kind may be fully wrought.
May 2, 1623
We cannot but be much grieved at the Sicknes and mortality that hath hapned since the Massacre, wherein although we do acknowledge the hand of God in chastizing of ors and yor Sines, yet since both now and formerly it hath as from the naturall causes proceeded in great part through distempers and disorders in dyet and lodginge; we most especially recomend vnto yor care the p̢venting and remedieing of those inconveniences, accordinge to those good and provident courses wch we haue so often advised and directed you vnto: and in p̱ticuler we cannot but require, wch we haue so often heretofore vrged the building of Guest-houses in each Citty and Borough for the enterteinmt of new comers, whereof yor letters of the last yeare gaue such hope and assurance, in regard of the great retribution of 1500l wch you signified was to be gathred amongst you, as we verily expected the p̱formance thereof ere this time; but as we do con- ceiue and in part excuse the delay thereof through that great misfortune that befell you, so we now cannot but require so much more dilligence and care for the speedy p̱formance thereof. And in the meane while we very earnestly recomend vnto you, the people that come now over in this Shipp that yor cares & favours begin wth the first enterteining of them at theire arivall, and extend to the accomodating and settlinge them respec- tiuely, so as may be to their healthes and security according as in or letters by the James and Trueloue we gaue you advise.
The carefull and dilligent prosecuc̃on of Staple Comodities wch we promist; we aboue all thingℯ pray you to p̱forme, so as we may haue speedily the reall proof and testimonies of yor cares and endeavors therein: especially in that of Iron, of Vines, and Silke the neglect and delay whereof so long; as it is of much shame and dishonor to the Plantation so it is to vs here cause of infinit grief and discontent, especially in regard of his Matℯ iust resentment therein, that his Royall expectac̃on after so long and patient forbearance is not yet sattisfied, whereby although we might deservedly feare a diminution of his Royall grace and loue to the Plantation, wch after so long a time and so long a supplie by his Matℯ favor haue brought forth no better fruit then Tobacco, yett by the goodnes of God inclyning his princely heart, we haue received not only from the Lordℯ of his Privy Counsell but from his Royall mouth, such assurance, not only of his tender loue and care, but also of his Royall intentions for the advancement of the Plantation; that we canot but exeedingly reioyce therein, and p̱swade you wth much more Comfort and encouragement to go on in the buildinge vpp of this Royall worke wth all sincerity and dilligence, and that wth that p̱fect loue and vnion amongst yor selues as may really demonstrate that yor intentions are all one the advancement of Gods glorie, and the service of his Royall Matie p̱ticularities of his Matℯ gratious intentions for the future good, you may in p̱te vndrstand them by the courses appointed by the Lordℯ, whereof we here inclosed send you the Orders: And we are fur- ther to signifie vnto you, that the Lordℯ of his Matℯ Privy Counsell, have- ing by his Matℯ order taken into theire considerations the contract made last Sommer by the Company haue dissolued the same; and signified that his Matie out of his gratious and Royall intenc̃on and Princely favor to the Plantation, hath resolued to graunt a sole Importation of Tobacco to the two Plantac̃ons, wth an exeption only of 40000 weight of ye best Spanish Tobacco to be yearely brought in: And it hath also pleased his Matie in favor of the Plantac̃on to reduce ye Custom and imposic̃on of tobacco to 9d p̱ 1: And last of all we are to signifie vnto you that their Lops haue or- dered that all the Tobacco shalbe brought in from both the Plantations; as by theire Lops order, whereof we send you a Copy, you may p̱ceaue.
Yor very Loving frendℯ
Lo: Cauendish
Lo: Pagett.
Sr Nath: Rich.
mr Tho: Gibbs.
Sr Edw: Sackvile.
Sr Jo: Bourchier.
Sr Edwin Sandys.
Alderman Johnson.
mr John fferrar.
N. S. This Letter was often revised & angrily referred by the Lordℯ of
the Priuy Council, before it was formed * * * tively & magnificently
in his Majesty's Prai[se]. Will
London ye 2th of May 1623
To or very Lo: frendℯ Sr Francis Wyatt knight Governor and Capt generall
of Virginia and to the rest of the Counsell of State there these be d̴d
From the Isle of Waight this 4th of May 1623
Loveing mother my humble dutie vnto you remembred, desireing your dailie prayers to God for me. my last letter I hope you haue long since receiued, wherein I writt you of my intended voyage for Virginia, that hopefull, and happie soile: for wch voyage this day being the 4th of Maye and the Sabboth day wee haueing the wynd faire (that messenger of God) haue dispensed with the Saboth and hoised vp saile this daye and failed §sailed§ some part of our Journeye, But you may now please to vnderstand, that my honest Carefull, and loveing Maister John Hart my first, and onelie best maister, hath wrought for me better hopes then formerlie I writ you of for my preferment, wch is that by his liberall Comendac̃on of me, and earnest Intreatie for me, As also that good likeing wch that hope- full and religious Gentleman Mr Gabriell Barbor marchant of London, and a man of great Estate, hath entertayned of me, haueing had some Conference with him, Concerninge my partℯ and abilitye of performance in his hopefull Imploymentℯ, hath verie willinglie entertayned me, and taken me bound vnto him for some few yeares, to make me a ffreeman of London And hath set forwardℯ provideing me of all necessaryes for our intended voyage, wch is in a good ship named the Bonnie Besse, built at the Cowes in the Isle of Wight being a new §ship§ of fourescore and ten Tunnes, or there- about, full fraught with all kind of prouision for 2 yeares, as also with 45 brave gallant Gentlemen, and some of them their Wyues, and Children with them richlie set forwardℯ for to plant in Virginia. Amongst wch there is one Mr Robert Constable brother vnto young Mrs Place of Dinsdaile a verie honest, loueing and kind Gentlema[n] and one that hath behaued himselfe here so Ciuillie and [2] vpon all occasions so soberlie as that it hath much rejoiced me: seeing sometymes the disordered Cariage of the rest and there too lavish Expences. who hath him Comended to my Brother and also to my kind cozen Robert Ward vnto whom wee did often drinke and remember and often wish his Company if his ffather and mother might like of it vnto whom I pray you also Commend me, vnto his ffather and mother and vnto that true Trojane my beloued Schoolefellowe and brother in affection John Ward whom I did not see before my departure to whom I wish the Accomplishmen of all good fortunes: and by the way I cannot but remember his Care I meane Mr Robert Constable vnto his brother Mr Philip whom he hath striuen to humor and giue Content vnto as if he had beene a Child, yet did such a Conceit take him in the head as that he would not go to Virginia nor would hee or rather Could not giue anie reason Wherefore wch caused Mr Robert to sell some part of his prouision to furnish him with moneye, yet am I glad that I haue occasion to showe my thankfulnes and due respect if not vnto the worll͠ Mr Place and Mrs Place yet vnto their Kinsman whom he shall find vpon all occasions readie to pleasure him to my power wch is as much as anie mans in the Ship excepting the Mr of the ship who hath the first Com̄and. But now to retourne §vn§to a relac̃on of what wee intend, it wilbe tedious. yet thus much in short. Wee are first to land our Passengers and their goods in Virginia wch done wee are to proceed vpon the discou9ie of that famous river named Hudsons riu9, first found out by him, yet neu9 was he further then in the mouth thereof, wher hath beene had rich Trade for Beaver skins, pearles, and dyamondℯ and manie other rich Comodityes, And indeed wch river by the probable Conjecture of manie and learned Navigators is the verie passage Called the Northwest [3] Passage so often sought after by the Northerne Seas. yet never found, wch Wee are by Comission f§r§om the Lord of Southampton Governour of the Companie and other the Learned Councell, and diuers great lordℯ to dicou9 the verie topp and head of that River, and if wee there find anie straungers as Hollanders or other wch is thought this yeare doe Adventure there, we are to giue them fight, and spoile, and sincke them downe into the Sea, wch to doe, Wee are well prouided with a lustie ship stout seamen, and great Ordnance I pray God prosper vs therein, and I hope we shall returne with rich la loade- inge, a famous discou9ie, and much Credit eu9ie day Way. wch our retourne wilbe I hope about 2 yeares hence, if not sooner, all wch shipmen and goodℯ are set forward at my Mr his proper Cost and Charges, Coun- tenanced by all the rest of the Companie of Virginia, and lordℯ and ffavour- ites of the same. Of all thinges Concerning Virginia you may fullie vnde[r]stand by a booke latelie set forth in 1622 the last Edition wch you may procure at Darlington, if not send to Yorke for yt. Thus with my dailie prayers to God for yor health and happines with my loue vnto all my Sisters but especiallie vnto my sister Jane whom I did not see theis manie yeares, and instead of me shee may behol[d] my true shadowe I [m]eane * * * Picture both of bodie face and apparrell. if shee bee not yet Come ou9 I pray you vse meanes to send for her, least her long stayinge being sy§i§cke burst her heart among those disdaynfull proud Peacocks. I pray you write me of all thinges at large inclose within a ɫre vnto my Cozen Tho: Robinson in the royall Exchange at the signe of the Angell dwelling wth one Mr Wadson and he may send them by a ship Called the Hopewell, wch must meete vs with prouision to supplie or Wants Thus once againe Comitting you to Godℯ protect̃on & my selfe to the vast ocean I rest
∥Mr Barbor∥
∥ the Bonny Bess of 90 Tun fraught for 2 years∥
∥45 gentlemen and some of them theyr wyues and children to plant in Virginia∥
∥ Th'intention of theyr voyage. ∥
∥Com̃ission∥
yor euer obedient sonne
Anthonie Hilton.
To his loueing mother Mrs Elizab: Hilton at Harworth. this dd̴.
[Revised and indorsed by Sir Nathaniel Rich]:
Anthony Hilton to his Mother from the Isle of Wight 4° May 1623
about Mr Barbors ship gooing to Hudsons bay wth Com̃ission to take the
Hollanders
A Proclamation to bee carefull of ye Savadges treacherie.
By the Gouernor and Captaine generall of Virginia.
Whereas the coming of certaine Indianℯ lately to Martins Hundred hath given vs cause to suspect, that theire intent is only to spy and obserue the weaknes of or plantationℯ, that they may take the better advantage to effect any treachearous plott against vs. The Governor considering the manifold daungers, that may follow by the Indianℯ resorting to privat Plantacions, and treating wth them, out of his especiall care to p̢vent any mischeif that may hapne thereby, doth charge and com̃and, that no p̱son whatsoeu9, (but only the chiefe Comander of any Plantation) shall hold any conference wth any Indianℯ (if at any time they shall in peaceable maner resort vnto them, and desire a parley) wthout first givinge notice thereof to his Comander: And that no Comander of any plantac̃on shall in any wise giue them pledges, wherevppon if they shall stand out, to shoote or kill them by any meanes they can: but if they shall voluntarily com in and yeeld themselues vnto them, then to take and keepe them safely guarded, vntill they can giue notice thereof to the Governor, or send them vnto him. And further we require and Com̃and the Com̃ander of each Plantac̃on, that he see due watch and ward kept, and that he suffer none to go out to worke but wth theire Armes by them, and Centinellℯ armed to giue them warning, nor any to straggle for killing of Venison or other occac̃on, exept wth leaue, and in sufficient parties, and generally in all pointℯ to be uery carefull and watchfull to p̢vent theire treacheries, know- ing that (wth Godℯ asistance) they canot hurt vs, through theire strength but or owne carelesnes, being well assured that theire p̱fideous craft is much more dangerous then open violence. This we shall expect to see exactly p̱formed from the Com̃ander of each Plantac̃on, to whose direc̃tions we require obedience from all p̱sons residinge in the Plantac̃on, as he, and they will answer it at theire vttermost perillℯ. Giuen at James Cittie the 1623.
Francis Wyatt.
To the right Hoble͠ the Lords of his &c.
The humble petition of sundry the adventurers & planters of the Virginea & Sommer Ilands Companies
Showeth that whereas your Lordps vppon hearing the late complaintℯ & differences of the Virginea & Sommer Ilands Companies at this Hoble͠ Board out of yor singuler wisdome, and in tender consideration to settle peac in the said Companies fo the saftie and prosperitie of bothe the plantations, amongst other p̱ticulers, did geue order & spetiall charge that ech partie in our Cowrtℯ and meetingℯ, should demean them selues in loueing & dewe respect, wthout spleen or provocation, eyther by wordes or deeds one towards an other, vntill the Com̃issioners appointed by his Matie should examyn the cawses & determyn thos differences & conten- tions, as your petitioners did most humblie desire of his matie, according to wch yor Lorps Command, yor Supptℯ haue in all dutifull respect obeyed, but on the other side not so, of wch we hold it our duties in humble manner to certifie yor Loips.
Sundrye meetingℯ we haue had of late, to wch both Companies after a newe confused manner haue ben summoned to appear together, against wch courtℯ and apparances, ther hath ben redy pennd (by some one mem- ber minding to nourishe strife) not matter of plantation, nor howe to proceed in that work, for wch we supposed our selues to be sum̃oned, but matter of vniust accusation and contention, drawne into longe & tedious, examinations, & declarations of charge and crime, somwhile against yor Supptℯ in generall & somwhile most bitterlie agaynst some in p̱ticuler & that of eminent sort & quallitie, all wch, so pennd haue ben openlie readd in Court on Weddensday the xxxth of Aprill last & secondly in an other courte. wth an addition of newe matter of like sort th on Wednesday the §7 of this instant maie§ in the reading & debating wherof the time was spent from 3 to 7 at clock in the eveninge, wch as yor Supptℯ suppose had ben more proper to haue ben prepared (& forborn) to his Maties Com̃is- sioners, wch then for that in this course §these thinges§ to be handled they tend to no other purpose saue onlie to make the greevances the greater & to settle such further discord & variancℯ in the minds of all, as will make it more difficult if not Impossible to be reconciled for remedy wherof §& that thes things & whatsoever ells they can aledg, may be referrd to ye Comers§ may it please yor Lorips that these papers so pennd & readd in Court, may be cawsed to be browght & presented to yor Lorips Hoble͠ vewe and consideration, by Mr Nicholas Farrar Deputie, the reader & publisher of the same, and that the Author & penner of all thes p̱ticulers wch by the phrase & stile to appeareth to be all one mans may be discovered, as one that mindeth rather still to mayntayn and make worse thes contentions & striffℯ then to settle peace & vnitie.
[Addressed:] To the right woll͠ Sr Nathanyell Rich Knight
To the right honble the Lordℯ and others of his matℯ most honorable priuie
Councell.
The humble petition of sundrie the Adventurers and Planters of the Virginia and Summer Ilandℯ Companie:
Sheweth that whereas yor Lops vpon heareing the late Complaintℯ and differences of the said Companies, out of your singuler wisedomes and Care for preservac̃on of Peace, and that the buisinesses of the Plantac̃ons might better proceed, did amongst other things most straightlie charge and Com̄and, that euerie man in the said Companies in our Courtℯ, and Comon meetinges should vtterlie forbeare to medle with anie matters of Controversie or difference, and that all matters of that nature should bee wholie referred to the heareing of the Comissioners, appointed by his matie for that purpose; and were pleased likewise to intymate that you would proceed to punish anie whosoeuer should violate yor order, and direction therein, as disturbers of the Comon peace, and Contemners of yor authoritie.
Neverthelesse so it is may it please yor good Lops, that directlie contrarie (as is Conceived) to your expresse Command as aforesaid, euen some of the cheife Officers, and members of our Courtℯ, who were present when yor Lops gaue that Commaund, and haue diuers tymes beene put in mynd of it, and who should of all others haue binne most Carefull to haue seene the same perfourmed, haue by their propositions & bitter Invectives, pub- liquelie produced in writeing, and openlie read, most notoriouslie shewed their disobedience to your Lops order therein. And more especiallie at the Court holden on Wednesday last the 7th of the instant moneth, to wch both Companies after a new confused manner were summoned, there being an extraordinarie great Concourse (and manie straungers placed in a lattised Gallerie that lookes into the hall, where the Companies meete, to bee hearers and Spectators of what passed) amongst other proceedinges opposite to yor Lops said order, a large writeing of diuers sheetℯ of pap̱ full of most greevous Calumnies, and reproachfull accusac̃ons tending onelie to the defamac̃on of yor Petitioners in generall, and in particuler of the Earle of Warwicke, and diuers other Gentlemen, and Citizens of qualitie, was pro- duced and publiquelie read by Mr Nicholas ffarrar himselfe, being Deputie of the said Companie, And the said asp̱sions by the Lo: Cavendish (being Governour of the Summer Islandℯ Companie) allowed to bee all of them punctuallie true; Nowe in as much as some of yor Petitioners thus pub- liquelie traduced were absent, and so not able to answeare for themselues, and others notwithstanding this straunge kind of provocation, and not heard of but onelie in those Courtℯ, and notwithstanding their owne Innocencie, yet in obedience to your Lops Command, did forbeare all manner of offensiue Replie.
It may therefore please your good Lops to take this extraordinary Case into your most noble and tender Considerac̃on, and to provide that some reparac̃on may bee made vnto yor Petitioners, in their reputacons (much dearer vnto them then their lyves) wch in this practise (although in high opposition to yor Lops Authorityes) is like the to suffer the rumour thereof being alreadie spread farre and neare, And the rather for that this Course tendℯ onelie to deprave, defame, and so to disable your Petitioners from doeing your matie seruice, in discouering the truth of some thinges before his matℯ Comrs, appointed to examine the proceedinges of those Plantac̃ons. And to th'end yor Lops may bee the better satisfied of the Justnes of yor Petitioners Complaint, they do humblie pray that you wilbee pleased, forth- with to Comaund the Lo: Cavendish Sr Edwyn Sandys, Mr John and Nicholas ffarrar, to appeare before your Lops, and to bring with them all and euerie of those writeinges, wch were openlie read the said last Court; that so yor Lops may take such further order therein, as to your wisedomes shall seeme meete, and Convenient.
[Indorsed:] The petition touching my Lo: Candish &c about the Court held 7° Maii 1623
May 1623 Letters Theobalds To—
P. 40
* * * * * * * * *
8. Sr Edward Sackuile Concerninge a petic̃on wch hee was appointed to deliuer to his Matie on the behalf of the Virginia Companie; and acquaint- inge him wth his Matℯ pleasure therein.
Deliuered to Sr E. Sackuiles Page.
8. Mr Secretarie Caluert. To hasten the passing vnder the Seales, the Comission concerninge the Virginia companie: and the Commissioners doe likewise expedite the busines.
Sent by Mr Chesterman at midnight. 1
For Document No. CCCXLV A. Commission to Sir William Jones and others, May 9, 1623, see. p. 575, post.
A Proclamation for planting of Corne suficient.
[2d Proc.]
By the Governor and Captaine generall of Virginia
May 9, 1623
Forasmuch as this Colony hath been many times in danger of famine through the peoples great neglect of planting Corne, notwthstanding very strict decrees and Proclamations in former times Com̃anding the same: And that nothing can be more dishonorable to or nation, then to stand in need of suplies of or most necessarie food from these base Salvages nor more dangerous, then to haue or liues, and the life of the Colony it self, to depend vppon the vncertaine hope of trade wth them. Yet so measurable is the coveteousnes of of [sic] many in planting Tobacco, and so great theire improvidence, as to neglect the planting of Corne, to p̢serue the liues of them and theire families. The Governor therefore, wth the advice of the Counsell of State (out of theire care to p̢vent the danger that might heareafter befall this people and Commonwealth, by the neglect of planting Corne) haue ordered and appointed, and by these p̢sentℯ do straightly charge and Com̃and all p̱sons whatsoeu9, wch now do or hereafter shall inhabitt in this Colony, that they plant at least a sufficiencie of Corne for themselues and theire families, and that they do not hope or rely vppon any supply of Corne, by trade wth the Indians, wch wilbe in vaine, since leaue and license to trade wth them, shalbe very sparingly grannted to any, and not at all to such, whose want of Corne hath proceeded from theire neglect of planting thereof
These Com̃andℯ they require and charg all men to obey, as they will answer the contrary at theire vttermost perill. Given at James Citty, May the 9th 1623
Francis Wyatt
Revised by Sir Nathaniel Rich.
May or June (after May 9), 1623A Complaint from diuers the Aduenturers & Planters to his Maties Comis- sioners, of some Errours, abuses and Practizes, wch haue bene Contriued & comitted by Sr Edwin Sandys, John Farrer and Nicholas Farrer and theyr associates, in tyme of theise last 4 yeares Gouerment
1 Ffirst wee Charge Sr Edwin Sandys that he by Contriued wth practize, wth Gabriell Barker, he ab gott great som̃es of monney of the Companyes into his handℯ, and to avoyd beinge called to Accompt, did afterwardℯ Contriue, by seacret combynac̃ons and Convenc̃ons, to be Chozen Treãr of Virginia, Thereby to avoyd beinge Called to accompt, To wch ende he allsoe deuised that one Capt. John Bargraue a p̳fessed enemye to Sr Tho: Smyth should bringe in a Ballatinge Boxe thereby to hid[e] keep p̢serue vndiscouered those partyes he had p̢pared to giue vote vnto him, wch beinge §was§ purposely done to surplant Sr Tho: Smythe in his gouerment, And by theise indirect meanes, and for theise priuate respectℯ, he obte atteyned to be in the place of Treãr
§He§ Hauinge §h§ obteyned this place, att such tyme as by the blessinge of God, there was hope that the Action might proceede & p̳sper if itt were followed wth Care and industrie requisite for soe great §a§ busines as him- selfe Confessed in open Court, Yett notwthstandinge, the Action §planta- c̃on§ hath perished in handℯ bene allmost ruined in his handℯ and by followinge his instructions, and the Company by his and the two deputies meanes, hath §bene§ brought into great debtℯ wthout any apparant meanes, to discharge the same ffactions haue bene bredd and [and] nourished amongst vs, and all things aswell in §the§ Company and as §in the§ plantac̃on is growen to disorder and Confusion
∥Aprill 28th 1619 Pa: 3.∥
∥He found 3000li in stock besides the 1000li in his hands and much monney due to the Company wch since they haue receaued∥
Manchester Papers Nos. 347 and 348 are successive drafts of the same paper, that which, in its complete form (not found), is commented on in Manchester Papers No. 342 (Document No. CCCXLIX, below); but whereas our copyist dealt with No. 347 first, and, when paragraphs of No. 348 were identical, merely indicated their identity with respective paragraphs of No. 347, in reality No. 348 is the earlier draft. It is therefore put first in this publication. Its paragraphs that were finally numbered 4, 5, 6, 7, 8, 9 are the 4, 5, 6, 7, 8, 9 referred to in the commentary, or supporting references, of No. 342. Paragraphs 1, 2, 3 of the document, on which No. 342 comments, have not been found. Its paragraphs 10 to 39 are presented, with those numbers, in the draft No. 347 (here placed after No. 348), and, with other numbers, in No. 348.
May or June (after May 9), 1623[No. 348.] Disorders in the Company and Colony in the 4 last yeares
The transporting of great multitudes of people to Virg. wthout sufficien[t] of hou p̳vision §of victualls to feed them or§ of houses to enter- taine them at their ariuall and it is mortall for new comers to ly of the ground.
The shortness of provision for food wch the Company & priuate Aduenturrℯ haue sent wth their Tenants wch was onely a smal quantity of meal sufficient to feed them for 6 monethes for the most p̱t
The chaingeing of those p̳visions by the officers who gaue them Virginia corne instead thereof in exchainge, the beating whereof being exceeding painfull togeather wth the bareness & suddaine chainge of dyett (they haueing nothing but that and water) brought them into ffluxe.
The badness of the p̳visions for food especially the meale being so meane and base, that the officers in Virg. made great complaints of a good §great§ part thereof, wch was sent ouer in the Abigale about 2 years since, and the Comittee that p̳vided this meale was buyer & seller.
The pestring of ships wth such a multitude of passengers & store of goods in the heat of Sum̄er by wch means and the ea short allowance of food to the passengers they land half starued and bring wth them their owne deaths and infect others in the Country
In less then 3 yeares their dyed about 3600 §3000§ p̱sons in Virg. * for wch mortality noe other cause hath yet been shewed but the want of houses, pestring of ships, shortness & badness of food seing that about that number there by computac̃on of the lists sent hence, hither near so many
§*were dead be- fore the massacre§
The excessiue prices the m9chaunts vends his tobacco §Comodityes§ at, for instance Corne this yeare, being was sould for 80ɫi of tobacco the qrter §for xijli the hogh̴d, and the planters being most of them Tenants at halues, and by order from hence not to plant but 100 wt of tobacco a man; he for twelue moneths bread payes abo 2 years labor, and for cloths and tooles, he hath not wherewth to furnish himself. 1
Cf Manchester Papers, No. 347 ¶10, below.
The seldome advice we haue from Virg for that from June till the end of March there is almost no exact notice giuen of the state of the Colony, and for want of frequent corospondencye wth between the Comp̃ and Colony disorders infinitly increase 2
Cf Manchester Papers, No. 347, ¶11, below.
The Exhausting of the publiq̢ stock by stateing of §officers§ places wth excessiue p̳porc̃on of tenants, whereby the Company is brought into great debt and they not at all pleased, for some desyer to liue vpon ffees & all desyer to haue their tenants chainged into penc̃ons 1
Cf Manchester Papers, No. 347, ¶12, below.
The many wilde & vast p̳jects set on foot all at one time, viz 3 Iron works, saw mills, planting of silkgrass, vines, mulbury trees potashes pitch tarr and salt &c all wch were enjoyned to be effected in the space of 2 years, by a handfull of men that were not able to build houses, plant corne to lodge & feed themseluess & so came to nothing 2
Cf Manchester Papers, No. 347, ¶13, below.
The large p̳porc̃on of 50 acres etc. 3
Exactly as in Manchester Papers No. 347, ¶14, below, except for capitals.
The great bridge at James Cittie etc. 4
To the same effect as Manchester Papers, No. 347, ¶16, below.
By reason of these two p̳ceding courses etc. 5
Exactly as in Manchester Papers, No. 347, ¶15, below.
The double & contradictory ɫres that come from thence hither, the publique ɫres speak for the most p̱t all good § & p̳miss aboundance of all things§the private ɫres craueing large supplyes so that it is conceiued the publi§ ɫres are written [4] by appoyntment ad faciendum populum wch haue p̳duced bitter effects for thereby many hath §haue§ ben allured to goe ouer very meanly provided wch increaseth the mizerye of the Plantac̃on, and this evidentlye app̱s by the contradiccon between the Publiq̢ ɫres and the priuate lately sent ou9 in the Abigal & now in the hands of yor honble͠ Comrs 6
Compare Manchester Papers, No. 347, ¶18, below.
The spreading falce rumours etc. 7
To the same effect as Manchester Papers, No. 347, ¶19.
The remoueing of the old planters etc. 8
Id., ¶20.
The improvidence in the Planter etc. 9
Id., ¶21.
The excessiue drinking wines and hot waters keeps downe the growth of the Plantac̃on for that in one [5] week they spend more in drink than they get in 6 moneths∥ ∥The great neglect∥ A strange improuidence∥ of the Company here in sending so few Cattle etc.∥ ∥ 1
Id., ¶22.
The want of lawes whereby to be gou9ned etc. 2
Id., ¶24.
The want of experienced and skillfull officers∥ etc. 3
Id., ¶23.
Disorders in the Company.
The Lawes are set downe wth an affected brevitye etc. 4
Id., ¶25.
The vnlimited authority etc. 5
Id., ¶27, with the same marginal note.
Eluding, makeing, breaking etc. 6
To the same effect as Manchester Papers, No. 347, ¶26.
Bitter asperc̃ons vpon men that haue gou9ned etc. 7
Id., ¶29.
The concealing §& suppressing§ of a petic̃on etc. their dutie and oath thereby as much as in them lay deviding the King and the subject. 8
Id., ¶31.
p̱tiall and malitious setting downe of Courts etc. 9
Id., ¶33.
Packeing of Courts etc. 10
Id., ¶34.
Putting things to question in vndue times proroguing [7] the Court etc. 11
Id., ¶35.
The continuance of the Deputyes place between the two Ffarrers who yeild account of all busyness to their sup̱intendant Sr Ed. Sandis. 12
Compare. Manchester Papers, No. 347, ¶36.
The excessive prizes of the Comodityes sent from hence by way of marchandize. Ffor Instance, Corne this yeare sold to the Collonie for 12 the hogshead or 80 of Tobacco, and the Planters being most of them Tenantℯ at halues, and by order from hence to plant but 100 waight of Tob: for eu9ie man, he for 12 monethes bread payes 2 yeares labour, and for Clothes tooles and other necessaries he hath nothing left wherwith to furnish himselfe and so becometh vnsupportablie miserable.
The seldome aduice we haue from Virginia, for that from vsuallie from June till th' end of March there is no exact notice giuen of the state of the Collonie so that for want of frequent Correspondence between the Companie and Collonie, disorders doe in infinetly increase.
The exhausting of the publique, of §profit wch should accrew to the§ stocke and benifit that should grow to the Company by stateing of new Officers in W Vi the Collonie with excessiue proporc̃on of Tenantℯ Whereby the Companie is brought into great debt, and they not at all pleased, for some desire to lyue vpon fees, and all desire to haue their Tenantℯ changed into Penc̃ons.
The manie wild and vast proiectℯ, set on foote all at one time, vizt 3 Iron Workes, saw mills planting of Silkegrasse, Vines, Mulberry trees &c. all wch were inioyned to be effected in the space of 2 yeares, by a handfull of men that were not able to build houses, and plant Corne to lodge and feed themselues, and so came to nothing
The large proporc̃on of 50 ac9 of land allotted to eu9ie Person that was shipped to Virginia being by order of Court presentlie to be set out, hath bred a vastac̃on there, and the old Planters leaueing their habitac̃ons in Townes had likewise verie large Diuidentℯ set out by wch Cou[r]ses the best and most habitable places lye vnmanned the Townes almost vn §a§bandoned, and the Plantac̃ons §farre§ seu9ed and therby extreamelie weakened. this mischeife being increased by a Clause inserted in eu9ie Pattent, that they shall not inhabite within 5 miles of the prin- cipall seate of anie English formerlie planted.
By reason of theis two p̱ceding Courses the Gou9nour §Sr Geo: Yardly§ was forced to make a dishonorable peace with the Natiues, leaueing vnreuenged the death of some of or people barbarouslie murdered by the Virginians, and the strength of the Collonie at a most vnseasonable time diuided into so manie small bodyes that it did euen invite the Sauages to execute the late [3] horrid Massacre.
The great bridge at James Cittie in Sr Tho: Smithes tyme at a great Charge erected for landing of goodℯ and safetie of mens liues being now decayed and broken downe hath brought much damage and occa- sioned much sicknes in the Collonie.
The fortℯ formerlie built haue likewise to the great preiudice of the Collonie beene demolished the Ordnance become vnseruiceable and generallie all the publique Workℯ with great Care and Charge dureing Sr Tho: Smithes Gou9nment erected are become ruynous.
Double and Contradictorie ɫres often come from the Cheife officers of the Collonie to the Companie hither by whose procurement it is desired may be examined the publique ɫres speakeing for the most part all good, and giueing assurance of aboundance and prosp̱ite when as the priuate letters from §of§ the same Persons Craue large Supplies, and declares much miserie, as was euidentlie to be seene by the last ɫres that Came into the handℯ of the Comrs: wch practise hath procured bitter effectℯ, manie haueing beene thereby allured to goe ou9 verie meanelie prouided with an seduced by with the hope onelie of an imaginarie plenty.
The like mischeife hath ensued by spreading false Rumors, and publishing of ɫres bookℯ & balladℯ of the plentie §of prouisions§ and happie estate of the Plantac̃on, wch was most vnseasonablie put in practise this last lent when the Collonie was in most extreame miserie.
Remoueing of the old Planters from their habitac̃ons and Cultivated landℯ and places of securitie, whereby manie of them were extreamelie impou9ished and manie p̱ished in the late massacre.
The §Couetousnes &§ Improuidence of the Officers and Planters in Virginia who aymeing onelie at profit by planting of Tobacco haue suffred Tillage to decay, neglected the planting of Corne, and forsak- ing the more healthfull partℯ of the Countrie, set themselues downe vpon such groundℯ as are vnfittest to plant Tobacco.
A strange improuidence of the Countrie §Companie§ here of in sending so few Cattle within theis 4 yeares there not being 200 in all sent for aboue 4000 Persons wch in that tyme haue beene transported thither
As wee haue in that tyme abounded The want of ex- perienced and skilfull officers and Comanders to gou9ne th'affaires of the Collonie and the Conferring of those places for fauour freindship and alliance is Conceiued to be an [5] inexcusable Errour and a maine Cause of the late massacre, and §of the§ miserie hapned §to§ the plantac̃on as also th'arming of the Sauages with weapons and teaching them the vse of gunnes.
As R ther is a Redundance of lawes to gou9ne the Companie here so ther is a Just Cause of Complaint for want of lawes whereby to gou9ne the Collonie there, for though the Planters 3 yeares since in a Parliamentarie fashion were assembled and made lawes to gou9ne them- selues yet haue they not beene Confirmed here, and the Councell in Virginia gaue if for a Reason that they make no new lawes because those form9lie made are not yet here ratified or disallowed.
The lawes that are made for Gou9nment of the Companie here are manie and set downe with an affected breuitie and in §so§ am- biguous tearmes that they are thereby subiect to seu9all interpretac̃ons Wherby manie differences arise in the Companie, and Sr Edw: Sandys the Compiler of theis lawes (being ther liue §liueing§ liveing Com̄ent) vsuallie takes vpon him to expound the sence, yet §and§ by his wrested glosses doth often Corrupt the Text notwithstanding his definitiue sentence is Comonly receiued as an oracle.
∥Disorders in the Company disord∥
Hence followeth the Eludeing, makeing, breaking and nullifying lawes and orders by acute distinctions, metaphisicall Reasons, and transcendent authoritie after a supreame and Parliamentarie manner some particulers whereof are readie to be showen.
The vnlimited authoritie that is giuen by those lawes to the Thrēr and Deputie, as by the particulers readie to be showen may appeare.
law: 3. 4. 8. 13. 24. 25. 27. 30. 35. 36. 37. 42. 43. 46. 50. 51. 54.
To wch may be added the law Comonlie Called the Pistorian law because first proposed by a baker, mo directlie Contrarie (as is Con- ceiued) to the ɫres Pattentℯ and tending to facc̃on and disorder as by th'euent thereof alreadie hath appeared.
bitter asperc̃ons vpon men that haue gou9ned the Companie or that §& their freindℯ and vpon such as§ haue opposed the late pernicious Contract and Salarie it haueing beene a Comon practise with some of them to grace and Collour their owne proceedinges by disgraceing and Calum- niateing of others wch hath occasioned most of all the auncient Adventurers wch were most §best§ Conv9sant in the affaires of the Plantac̃on to leaue and desert the buisines.
The Concealing and The often neglect and litle regard showed to his matℯ most gracious Adu9tisemtℯ and directions for Choice of Officers agreeable to his Princelie pleasure and likeinge; and for better ordering of and Composeing of th'affaires of the waightie buisinesses of that Plantac̃on
The Concealing and suppressing of a Petic̃on sent into the name of the whole Plantac̃on in Virginia and directed to his most excell excellent Matye, contrarie (as is Conceiued) to their dutie and oath.
The contriueing prosequuting and with violence mantayning for the particuler lucre and gaine of some few Persons (especiallie of Sr Edw: Sandys, and Mr Ffarrar) the late Contract and exorbitant Sallarie tending to the ruyne of the Plantac̃on wh wch hath occasioned infinite Contenc̃ons, breaches §Rentℯ§ & diuisions in the Companie
Partiall and malitious setting downe of Courtℯ graceing whom they fauour and disgraceing others.
Packing of Courtℯ by turning ou9 shares to their freindℯ and Confidence§tℯ§ to Composse their private Endℯ, & theis serue onelie to fill the house, and to spread their §some mens§ praises §and other mens disgraces§ but aduenture litle or nothing.
Putting §stet§ thingℯ to question in vndue §stet§ times §& manner§ prorogueing of the Court till 9. 10. or 11 of the Clocke §at night§ reseruing the wightest buisines till the riseing of the Court by§ §stet§ putting thingℯ to question in vndue tymes as also in vndue and intricate mann9 by§ putting the Negatiue before th'affirmatiue proposic̃on, by threatℯ that men shall answeare buisines before great Lordℯ, by partiall Sumons§ing§ of their P freindℯ and by assembling great Persons in awfull Reu9ence of whose presence §strangers to be spectators and hearers and so to see spreade§ men forbeare to speake, by wch §& such like§ Artificers latelie practised in the Companie the libertie of the Adventurers is inthralled and all matters are mannaged at the will of a few.
The Continewance of the Deputes place betweene the 2 Ffarrars who yeald Accompt of all buisines to their sup̱intendent Sr Edw: Sandys.
Preparing accusations and scandalous reproches against not only against ordinary Aduenturers, but euen against men of the cheife ranck and qualitie by some few and that then publishing them in the name of the Counsell and Companye that is to say of §p̱sons§ unknowne p̱sons
Inviting of strangers yea of women to be present in a latticed gallerye wch lookes into the place where the Courts theis last 4 yeares haue ben kept §there§ to be spectators of their courses and hearers of their calumnies &c to th'end the rumor thereof might be more generally spread.
∥ As for matters of §the Accompts for their last 4 yeares: they are desired they may be veiwed and examined by some who on the behalf of the Company are willing in this vacation to take paynes therein: the generall exception that is taken in that point is that they are audited onlie by a very few p̱ticular freindℯ and confidents, and euen as is doubted by some who are themselues interessed therein and there is a p̱ticular com- plaint putt in by some of th'Aduenturers in Southampton Hundred, that whereas very good Som̄s vzt. about 6 or 7 thowsand poundℯ haue ben payed in for that plantac̃on and §to Sr Ed: Sandys§ no Accomptℯ at all thereof §haue ben§ giuen as likewise of the moneyes brought in vppon the collec- tion of p̱ishes and by other meanes for pious and publiqu[e] vses: and wch is worse th'uses for wch they were brought in and collected altogether vneffected. Thus∥
70000li: or thereaboutℯ was the money expended in Sr T. Smithes: this appears by Sr T. Smithes Bookes of Accompt & they charge about 76000 whereof 6000li was in dead shars
loss of few mens liues 7 proued: they say that there were but 2500 sent in all Sr T. Smithes tyme: they confess neare a 1000 remayning: In their booke calɫd a Declaration of ye Statℯ of ye Colony and Affayres in Virginie published by his mates Counsel for Virg. 22 Ju. 1620. pag. 4. And many retourned. Two Shipps also one called the Diamond the other the Vnitie: did shipwrack vpon the coast of Vshent in all wch all the passengers & Maryners except one only man were lost this was in their Retourne. And diuerse other Boates & Shipps cast away in the Virginia and in their passage hither. And a warr continually maynteined till about the yeare 1613. So that of necessity it must follow that very few p̱ished in this Action for w other then by this course: wch speakes plainlie the good p̳uision was made for the men at those tymes
The Publique workes: done in Sr T. Smithes tyme appeare in a booke of p̱ticulars
These lists shew the plenty of Armes &c. left in Sr T. Smithes tyme
The Staple Com̃odityes raysed in Sr T. Smithes tyme appeare in a p̱ticular already deliuered to the Comrs.
The p̱ticulars of the Boates &c. appeare in a collec̃ of the publiq̢ workes made by Sr Sa. Argall wch he comenset
The League of the Natiues appeares in th'aforesd̴ Booke §pag. 11. 12. 13. 14. 15§ & by Sr Argallℯ Oath the Rent Corne pd p. 57
And Sr T. Dalℯ ɫre in yt Book vid. pag. 51 ad 50
The Seuerall Branches
The Court Bookes.
Mr Wrott remembers 4, lotteries at one tyme:
And lett Barber be examined. And the sight of the warrants by wch the seuerall Lotteryes were erected vnder the handℯ of the Counsell of Virginia
He kept Tables. gaue guifts. ffor th' Accompts: See them. Gabriell had a 4th p̱te of the gaines by composic̃on
examine Mr Ros- tinghã whither Sr G. Yardly hath not had §priuate§ direc- tion from home to write of ye plenty of Virginia
vid. the Colonyes ɫres in Sr S. Argalls tyme. And his ɫre to the Company. Disewaders were Sr D. Diggℯ. Sr Jo. Worsetenhõ Sr N. Riche Mr Tho Gibbs: Mr Wrott will sweare he saw a ɫre from the secretary Mr Pory (as he remembers) to Sr Ed. Sandyes as Threãr. Complaynes of the sending ou9 too many people in wch were these wordℯ to this effect. Doe yow thinke that if as many more people were sent into England as now are there Sr would it be able to susteyne them: And George Sandyes in his last ɫres complaynes of this
ffor want of lodg- ing see Captaine Newce his first ɫre to ye Counsels— Company Ao. 1620
Confessed
The former Booke p. 12 sayes they were plentifully furnished for Six Monethes: see The Invoyces of the goodℯ Prouisions for victualls sent for those yeares: And generally the ɫres sent from the Counsell of Virginia to the Counsell or Company here 1620 at the latter end of 1619. 1620. 1621. 1622. And Mr George Sandyes &c §to Mr Wrott these this last yeare.
Dixson Martyn Kemp &c peti- tioned the King in his owne & other names that they were turned out of their houses.
Also Capt. But- lers declaran also Yardleyes ɫres.
was a generall complaint here viua voce in the Court Ao 1621 & a ɫre drawne to order the Contrary: And not denyed in the Counsells of of virginias ɫre in answere to the same: Ao 1621. Mr Wrott wrote the ɫre Sept. 1621.
Examine Rosting- ham who was then in ye Contrey wt lodginges were prepared for them And in their charge vpon Sr T.
Smyth they say ye houses were like hoggstyes: lett them shew what houses they have built since.
Capt. Newces priuat ɫre to the Counsell. And the Counsell of Virginia there lre Ao. 1620. 1621. Lett Webb the Husband be examined touching Caswell. Lett Jo. & Nich ffarrar tell them produce their §his§ warrants by wch he payed for those p̳visions
Mr Gibbs and Mr Wrott let thẽ be examined.
The late ɫres: And the lists compared wth the Booke of the Massac: The Farrars Aduenturers in the Bona Noua, the Hopewell the Further- ance, and the Abigaile &c some of these Shipps haue gone twice or thrice wthin theise 4 yeares
The late ɫres: Capt. Butlers declarac̃on & most confessed.
Produce the ɫres: and yow shall find few or none dated rec̃ in thal after §between§ June and March.
Sr F Wyatt Capt. Newce
The Gouernor 100 men: The Depte of ye Companyes Tenantℯ 50.
250 in all.
The Gouernor now to haue 100 for his owne p̱ticu- lar. And in Sr T. Smythes tyme nothing: but shares of London.
Mr Thorpe G Sandys Mr Potte
The Deptie of ye Colledge Tenantℯ. 10. The Threãr 50. The Physitian.
Mr Dauison Mr Puntis
The Secretary 20. The Vice Admyrall. 12.
They are not content wthall. see Capt. Newces proiect com̃ended by the whole Counsell of Virginia Ao 1621 wch was to haue their Tenants turned into Penc̃ons: And Sr
The Company hereby brought in debt: See the Court 7 Oct. 1622 fine
Mr Poryes ɫres to Sr Ed. Sandyes as Threãr: Sr G. Yardleyes complaint in a leete ɫre to Mr Rostingham. And the success declares it. And Mr George Sandyes his last ɫres: where he sayes that theyr vast Proiectℯ * * * ffor the §3§ Iron Workes: there were about 150 sent ou9 in two seuerall yeares. And the whole if so many had at one tyme arriued it would haue ben a difficult matter to haue managed one Worke: And one worke was to be 40 miles asunder
The orders of Court: The Patents: The euent: Mr G. Sandys to Mr Jo: Farrar, 1621. To Mr Wrott in his last ɫre now in the lords handℯ. Jo: Farrar, 1621. To Mr Wrott in his last ɫre now in the lords handℯ. And the Gouernors ɫre written to the Company in excuse of him selfe for the Massacre
Sr G. Yardleyes ɫres to the Counsell: Ao §1619 or§ 1620 giues that reason why he made the peac
Cap. Butler and confest.
prooued by Cap. Butlers witnesses: And the late ɫres.
Sr Ed. Sandys tould Rostingham that Sr G. Yardleyes writt such ɫres that spake so little good of the plantac̃on that hee had not read one of them in 2 yeares in Court.
Mr Rostingham
A ɫre published by mr ffarrar the Coppy whereof Sr T. S. hath wch was fetcht from the Printers house of the who printed the last ɫre let it be examined, who writt the ɫre & who caused the Ballard to be printed: let it bee examined vpon Oath of the ffarrars & Sr E. Sandys who caused this ballard to be made & printed.
Complaints vpon §by§ petic̃on §in or Courts & then§ to his Mate & vpon Record in the Court Bookes: That many of thẽ p̱ished in the Massacre is too well knowne.
See the last ɫres. One saith that he had Corne ynough if he might haue ben suffered to haue planted what he would. And another beeing examined before the Comrs confesseth that he could have no redress for his Corne beeing spoyled it beeing answered that Sr G. Yardlie should p̱uide them Corne if they would p̳uide Tobacco. And another ɫre giues a Reason why they are not suffred to plant Corne least in th' Indians should lurke in it. And of this Mr Jadwyn complayned lately in open Court.
Theyr owne Bookes §printed pap̱rs§ speake but of 180.
See Mr G. Sandys his ɫre to Mr ffarrar. let it be seene whom they haue sent. And whether eu9 they preferred any old Planter to any place of Comrs If they haue or had any skillfull men they were sent in Sr T. S. tyme, euen Sr G. yardly himselfe. ffor th'arming of thẽ Mr Sandys and ffrethornes ɫres.
The Counsells first ɫres after Sr F. Wyatt was §first§ Gouernor. And let them shew the confirm̃ of those lawes. And let thẽ shew if they can that in theise 4 yeares they haue sent any lawes to the Colony.
Of these Mr Wrott will deliu9 a p̱ticular in writing if it be denyed & the Comrs com̄and it: One law sayes No man shall presume to sitt in or Court for or Ilãdℯ vnles he be free. I says Sr Sandys but non may giue him leaue. No man shalbe delayed his admittance vnles by the Auditors sayes Sandys
ffor the Pistorian lawe Mr Bingℯ case.
See their scandalous Pap̱rs and Court Bookes
His maties proposic̃ons of choyce of Gouernors neu9 yealded to & their course lay in or Court. Apparant in two elecc̃ons 1620. 1622.
produce & examine the course of delaying it. Confest it in their Relac̃on to the King.
The Court Bookes
The Court Bookes Mr Woodall offering flearing fashion Alderman Johnsons disgrace §whether Mr Gibbs and Mr Wrott if they might haue had 501 salary would he not haue ben for it Mr Alderman & Mr Wrott to sett downe some p̱ticulars
Let Carter be produced vpon Oath by whose meanes & direcc̃on he bought of 40 shares of Sr Tho. Gates And the of 80 shares of my Lady de la Ware: And who how he & to whom he sold thẽ. Cap. Bargraue turned ou9 8 or 9 shares in a day at a preparatiue Court. Mr Gibbs and Mr Wrott will sweare that Jo: ffarrar sayed A about 2 yeares since that he would make a new face of a Court before xp̃mas next.
See the Court Bookes This a com̃on knowne grieuance
My L. Cauendish tould Mr Gibbs & Mr Wrott. that Sr Ed. Sandys was to take ouerlooke all the businesse els of Virginia els my L. Southampton would not haue ben Threãr.
And besidℯ when Sr Ed. Sandys was in the Countrey nothing they sent continuall and weekely aduise to Norburne to haue his opinion & conseil.
The will of the Counsell of Virginia w ridden post euery weeke from London to Norburne
See their pap̱rs read in Court for wch some of thẽ were restrayned
A thing com̃only knowne. & that they Inuited thẽ it appeares that Mr Wymarke confest §to§ Sr Sa. Argall that my L. Cauendish did intreat thẽ to come thither
See their [sic]
[Indorsed] proofes of or charges
By the Governor and Captaine generall of Virginia
To all to whom these p̢sents shall come greeting: Know yee that I Sr Francis Wyatt Kt: Governor and Capt generall of Virginia, out of the true acknowledgmt that I haue of the skill, vndrstanding and sufficiencie, of my trustie and welbeloved frend Capt Roger Smith, do by these p̢sents (wth the advise and consent of the Counsell of state) ordeine and apoint him the said Capt Roger Smith, to haue the orderinge, directing, and buildinge, the Fort at Wariscoyack. And giue him full power, and authoritie, to Comond, rule, and governe, all the people there vndr his charge in all cases according to his best discretion. And I do by these p̢sentℯ moreour, will and comand all maner of persons wch now are or hereafter shalbe sent thither for the building of the said Fort in all things and vppon all occac̃ons to giue all due respect, and willingly to obey and execute the directions and Comandℯ of the said Capt Roger Smith, during so long time as he shall remaine in his said place and Comand, according vnto the authoritie vnto him given, and also to be vnto him aiding and assisting in all thingℯ, as they will answer the contrarie, at theire further perillℯ. Given at James Citty the xjth day of May 1623. and in the xvjth yeare of this Plantation.
The great Seale afixed
Francis Wyatt Chr: Dauison Secr. A Comission to Capt Smith for building of the Fort
By the Governor and Capt generall of Virginia
To all to whom these p̢sentℯ shall come greeting in or Lord God everlasting, Know yee that I Sr Francis Wyatt Kt Governor and Capt generall of Virginia (for the better relieueing of the p̢sent necessitie of this Colony wth Corne) do giue and graunt leaue, power and authoritie, vnto Gilbert Peppett gent, to embarke himself and his Company in the good Shipp called the and in such Pinaces, Boatℯ, and Shallopℯ, as shall accompany the said Shipp and to sett Saile wth the first opor- tunitie into the Bay, or wthout the Bay (at his discretion) and to go into any river, Creekℯ, or harbors, wthin the boundℯ and limittℯ of this Colony, there to trade wth the Salvages for Corne, or any other Comodities they can aford them. And it is further graunted, that if so be the said Sal- vages shall deny them trade, or shall giue them any iust occac̃on, or shall by any privat plott, or opne designe, offer to circumvent, hindr, or entrapp them, to the danger of theire liues: then it shalbe lawfull for the said Gilbert Peppett, either by force or by any other meanes he can devise, to take from them theire Corne, or any other goodℯ of theires, he can possesse himself of, keeping and enioyeing the said goodℯ, and Corne, to the vse and behoof of the said Gilbert Pepett, and other the Adventures in this vioage. And for the better managing of his employmt, and redress- ing of all disorders & Mutinies incident to such affaires, I do by these p̢sentℯ giue the said Gilbert Pepet power & authoritie, to punish such of his Company as shall offend, in any kind according to the lawes & customes of the Sea (life only exepted) In Wittnes whereof I haue herevnto sett my hand, and Colony Seale the xijth of May 1623 And in ye xvjth yeare of this Plantation
The great Seale affixed
Francis Wyatt.
By the Governor & Capt generall of Virginia
To all whome these p̢sents shall Come greeting knowe yee that I Sr Francis Wyatt Knight Gouernor & Capt generall of Virginia (out of the true acknowledgment yt I haue of the discretion valor & circumspection of Capt William Tucker, doe by these presents, wth the aduise & Consent of the Counsell of Estate, giue vnto him the said capt William Tucker, full power & absolute Authoritie to Comaund, rule and gouerne all & eurie person & persons, wch vppon espetiall occasion are to accompanie him, in the shallops into Pamunckey Ryuer, neere to the seate of Appochankano. And for the better manageing of his Imployment & for the redressing of all disorders & mutynies incident to such affaires, wee doe further giue him full power & authoritie, to punish all sorts of offendors according to ye lawes & Customes of such Voyages (life only excepted) and wee doe (by theise p̢sents streightley Charge & Comaund all & eurie person or p̱sons wch shall accompany him the said Capt William Tucker in the said voyadge, yt in all things & vppon all occasiones they willinglie obey, & readilie execute his directions & Comaundℯ, as they will answer the contrary at ther vttermost perills. Giuen at James Citty the 12 day of May: 1623 And in ye Sixteenth yeare of this plantation
Francis Wyatt Chr Dauison Secre
By the Governor and Capt generall of Virginia.
Forasmuch as nothing can be more acceptable to the Counsell and Com- pany in England, or tend more to the safetie and reputation of this Colony, then to fortifie some place vppon this River to defend the same against the invasion of any forraine enemy: The Governor (wth the advise of the Counsell of State) doth order and appoint, that every twentieth man through the whole Colony, shalbe employed about the building of a Forte at Wariscoyack, vndr the Com̃and of Capt Roger Smith: These are there- fore to require and Com̃and Capt Jabez Whittakers, that throughout all the Plantations vndr his Com̃and, he do imediatly leavy every 20th man and send them to Wariscoyack, to the said Capt Smith furnished wth armes and tooles, and sufficient provision of victuallℯ and apparell for for [sic] six months, and that he send not any new comers, but able and sufficient seasoned men, from twentie yeares old and vpward to fortie fiue and not aboue. And if it shall so hapen yt diurs families must be faine to ioyne for the setting forth of one man, that then he make choise of 2, 3, or more of such sufficient men as aforesaid, as indifferently as may be, and they to cast lottℯ wch of them shalbe sent to the said fort, and the rest to be equally contributing to ye charge, And we further require and Com̃and, all p̱sons whatsoeu9 vndr the charge of ye said Capt Jabez Whittaker that they yeeld vnto him ready obedience, touching all or abouesaid Com̃andℯ, as they will answer the contrary at theire vttermost p̱illℯ. Given at James Cittie the 13th of May. 1623.
A warrant for sendinge every 20th man to ye Forte.
The like (mutatis mutandis) to the Comander of eu9y Plantation.
Francis Wyatt.
[The order of the Privy Council for confining Cavendish, Sandys, John and Nicholas Ferrar to their houses, May 13, 1623, is printed in Acts of the Privy Council, Colonial, I, pp. 63–64.]
My verie good Lord
Whereas his Matie vnderstandeth that this day there is to be held a Court for the Virginea Company, at wch it is intended according to the vsuall Custome to make election of new Officers. His Matie hath com̃aunded me to signifie vnto the Company by yor lopp (who are at this present Trēr of the said Company) that his pleasure is, they do at this time forbeare to proceed to the election of any new Officers whatsoeuer, the same to be putt off not to any day certaine, but vntill his Matℯ pleasure be further made knowne vnto the Company, wch I beseech yor Lopp that you will accordinglie in his Matℯ name notifie vnto them. And so I rest
White Hall 14° Maij 1623 Yor lopps &c:
[Indorsed:] 14° May 1623 Coppie of a ɫre to the Earle of Southampton from Mr Sec: Caluert. Concerninge the Virginia Companie
Sr
I did this morning receive his Mats pleasure from my Lo: Treasorer to this purpose, That wheras before his Maty was pleasd to Rec̃omend vnto the speciall care of the Virginian Company at their Court this day helld, the Election of such discreete, temperate and responsable p̱sons as affected the weale of the Company and were not factious, And that yesterday it was wth his Mats approbation thought fitt in Counsell, that the election of new Officers should be absolutely putt off and none chosen at all vntill the next Court, It was now his pleasure that I should write vnto the Treasorer or Company, signifying vnto them, that his Maty would haue all pro- ceedings touching Elections to be forborne at this time, wthout any new day appointed, but so to continue as it is, untill his pleasure further knowne, as you will see by the coppie of my Letter to my Lo: of Southampton the present Treasorer of Virginia, wch I send you heere inclosed. How this hath been observed, I hope his Maty will vnderstand from some of the Company that were present at this dayes Court. In the meanetime I beseech you shew him speedily what I haue written for my discharge, and then hee shall best iudge, if there haue been any fault, whose it is. You shall heerein oblige
Yor friend and servant
Geo: Calvert
S. Martin's lane 14. May. 1623.
[Addressed:] To the Right Honble Sr Edward Conwey knight, one of his
Mats Principall Secretaries.
[Indorsed:] May 14 1623 Mr Secr: Caluert. Concerninge the choosing of
new officers in the Virginia Companie.
In the hand of Sir Nathaniel Rich.
"Note Which I Presently Took of Captain John Bargrave's Discourse to Me Concerning Sir Edwin Sandys" May 16, 1623This day beeing friday the 16th of May 1623 betweene the houres of 11 and 12 a clock in the forenoone Captaine Bargraue came to me to shew me a paper wch he had drawne concerning the p̢nt Gouermt of Virginia, wch I onlie read and deliuered to me §him§ againe, §And§ He and my selfe beeing then all alone in the great Chamber of my Lord of Warwicks house he tould me that he was afrayd to discouer some thingℯ wch he knew of th Sr Ed. Sandys his proceeding in those businesses, both because he was so vpheld priuately in his courses as also that he had the strength of the Courts to countenance him in all thingℯ and w had so carryed the business that he would be sure to hide all his owne ill actions vnder the name of the Companye: Besydℯ he tould me that by his long acquaintance wth him & his wayes he did §was induced§ verilie b to beleaue that there was not any man in the world that carried a more malitious hart to the Gouermt of a Monarchie then he §Sr Ed. Sandys§ did: for Capt. Bargraue had heard him say That if eu9 God from heauen did or dirce constitute and direct a Go forme of Gouermt it was that of Geneua: And he hath oft tymes repre- hended §Capt§ Bargraue that in some §written§ tractates of his, and in his discourses he seemed to dislike the [2] constitution and frame of the §p̢nt§ Gouermt wch of Virginia inelininge §to§§ as that wch inclines §vnto§ if not directly beeing a popular Gouermt he telling Capt Bargraue that his intent was to erect a free state in Virginia and other wordℯ to that purpose. And to that intent (as Capt Bargraue affirmed to me) he §Sr E. S.§ mooued my L. of Canterburye to giue leaue to the Brownistes and Separatists of Engl̴. to goe thither for wch my Lordℯ grace of Canterburye sayed to Bargraue that he should neu9 like well of Sr E. S.: those Brownistes professeing by their Doctrine clayminge a libertie to disagreeing to the Gouermt of Monarches: And the s̃d Capt. Bargraue likewise affirmed that if the Charter wch by Sr Ed. Sandys his meanes was sent into Virginia w and at (in wch is a clause (as he sayes) that they shall haue no Gouermt putt vpon them but by their §owne§ consents) and his other proceedingℯ in those businesses of the Plantac̃ons (especially such as concerne gouermt) were looked vnto it would be found that he aymed at nothing el more then to make a free popular state there And himselfe to be the lea and his assured Freindℯ to be the leaders of them wth much more §to this effect§ declaring in S my apprehension a m9uailous ill affection in Sr E. S. to the happie §frame of a§ Monarchie.
[Indorsed in the hand of Sir Nathaniel Rich:] A note wch I p̢ntly tooke of Capt Bargraues discourse to me concern9 Sr E. Sandys. 16 of May 1623.
No. 372 is written and indorsed in the hand of Sir Nathaniel Rich. No. 373 is indorsed in his hand. The documents are undated, but may be presumed to precede by a few days the King's letter of May 18 printed in Records of the Virginia Company, II, pp. 434–435.
Document in Public Record Office, London List of Records No. 485[No. 372] 1 That he may §resigne his place &§ stay in ye Countrey for disobeying the Comd and wch he may doe by resigning his place and not to be here to countenance this opposition.
2 That Mr Secretary may write a letter (wch may be publickly read at euery meeting) wherein his Matie may please to com̄and and that most strictly That no man (nobleman or other) come to those Courts or Com̄it- tees §of ye Virginia Company§ who hath not some men in Virginia planted vpon his shares and that no man intermeddle either in those [&] so is more then or is not at this instant ingaged by the and accordingly pursues the sending of men or supplyes thither by ye next shipping: All others shalbe proceeded against as factious and seditious persons. This Comd to contynue till ye retourne of ye Com̄ission now on foote for setling those businesses.
The 2d part of ye letter: That his Matie vtterly forbidds yt any complaynts or Acts be brought to ye Comrs against any man in ye name of ye Companye: wch tend only to defamation and strengthning of faction, and by this course they may false accuse and calumniate any person wthout any punishmt: but whosoeuer he be that will informe against any man let him himselfe bring ye Complaint a to ye Comrs and ma and make proofe thereof as he can: that so ye p̱tye yt shall vniustly be traduced may if ye Comrs he appeare §to ye Comrs to be§ innocent haue his remedy against those yt shall vniustly calumniate him: And yt euery man on both sydes forbeare to spread rum̄ors of accusation against any man, but in a decent manner proceed as m one against another as men desirous of ye publick good, and not of p wrongfull vexation of any: especially that su[s]pecion be not all bitter a reuiling and inuectiue language be forborne.
[Written and indorsed in the hand of Sir Nathaniel Rich:] Heads of the ɫre written * * * Matℯ * * * Virg. Company yt none should * * * Courts but such * * * men or * * * shares. 1
Asterisks indicate shorthand characters in the original.
[No. 373.] Seeinge that it appeareth by your owne §the§ confession of the Company that it is impossible to find among them 20 men §aduen- turers§ who haue §any men§ planted men vpon theyr shares in Virginia whereby thereby to bee inabled to keepe a Court and seeinge the estate of the Colony is such at this present as doth require all man̄er of supp helpe for supply, it may please his majesty to explane his last limitations and to enlarg[e] those directions to admit §all§ Patentees that accordinge * * * as to the Companies desire who haue really payd in 25c̃ vnderwritten in any society and really payde in theyr mony so vnder- written, as likewise all other that haue §at§ any times within these last foure yeeres vnderwritten in any Magazin or Roule of Aduenture what- soeuer and hath truly payde in his mony according to his subscription.
And for all other aduenturers already admitted or already to bee here admitted none to bee present at theyr meetinges of Counseill Courtes or Com̃ittees but such as shall §hereafter§ really bring §in§ in aduenture §of his owne§ 25c̃ to bee employed in some §to the Company to bee§ forthwith employed in ma for the releife and sustentation of the Plantation, and vntill the such party shall pay in his mony not to bee admitted: and that his majestyes directions may bee §the§ more fully obserued it may please his Maty to com̄and that a pres present list bee made §and the same to bee forthwith presented and examined by the com̄issioners§ of contayninge the names of all such as are within the limitations aforesayd, viz
Of all such aduenturers who haue men planted vpon theyr shares
Of all Patentees who haue truly payde in theyr subscriptions
Of all who within theese foure yeeres haue vnderwritten §and payd in truthe§ in the Magazin or in any Roule of aduenture and for what each Put such monyes as they haue subscrib And of all such as shall and accordingly payd theyr monyes into any Magazin or Roule of aduenture.
And lastly of all such eyther as will aduenture 25c̃ and pay theyr mony In beefore they bee admitted.
And according to this list it may please his maty to direct the Courtes may bee called and no other vpon payne of his high displeasure to presume to bee present.
As for those personages named in theyr declaration
[Indorsed in the hand of Sir Nathaniel Rich:] Notes how the Courts of the Virginia Company may bee beter composed.
James Rex.
Trustie and welbeloved wee greete you Well. Wee have taken notice that wednesday the 21th of this moneth is the day appointed by your ɫres Pattentℯ for choice of a Governour, Deputie, Assistantℯ, and other Officers of the Summer Islandℯ Companie; and vnderstanding of the greate dif- ferences, and distractions that have happened by meanes of divers turbu- lent spiritℯ Persons, as well as in your as in the Virginia Companie, where some few distempered spiritℯ collecting latelie togeather scandalous im- putac̃ons against men of note, and quallity amongst you, did vpon Wednes- day the seaventh of this moneth openlie publish the same, in one of their generall Courtℯ (a Course most displeaseing vnto vs, as tendinge onelie to faction and disorder) and further takeing notice that of late in a confused manner, the two Companies of Virginia and the Summer Islandℯ have binne warned to meete togeather, at one time, and place, wch Wee by no meanes like, they being two severall bodies and inioying their owne particuler Governours, and Officers, Therefore to prvent theis and the like disorders hereafter, and out of our speciall Care to the good and welfare of that Plantac̃on, Wee haue thought good hereby, to let you knowe our expresse will and pleasure to bee, that you doe not for this yeare ensueinge make Choice to the §office of§ Governour, or deputie of yor Companie anie of those Persons, who either for their late offence are restrayned, or had their hand in contriveing or councelling of the aforesaid scandalous Writeingℯ, wch Were read on the seaventh of this moneth in the Virginia Court, nor anie that have formerlie borne those Offices amongst you, The first whose names you shall find in the margent, being in the nature of delinquentℯ, and the Governmentℯ of the other being subiect to question by the Comission nowe on foote. Our Will and pleasure is also that you make Choice of a Secretarie or Clearke of yor owne, and not of anie that is, or shalbee at the same time Secretarie or Clearke to the Virginia Com- panie, it being most prop̱, that everie Court should have their owne officers. And for yor place of meeteinge to keepe yor Courtℯ, wee will not in anie sort that it bee hereafter at that house, [2] where the Virginia Courtℯ were kept this last yeare, but doe rather hold it fit, that you appoint some fit and convenient place, for your owne Companie to keepe their Courtℯ by themselves, Wee vtterlie forbidding that both Companies should meete in one place, neither will wee that anie bee present at yor meetingℯ, who are not free of the Companie. According to theis directions wee require that you forthwith to proceed to your elections, hopeing that wee shall find such an obedience from you, as shall more and more plant you in or good opinion, and give vs cause to bee ever most tender and Carefull for yor good.
lo: Cavendish. Sr John: Danuers. Sr Edwin Sandys John Farrar. Nicholas Farrar.
To or trustie and welbeloved the Governour and Companie of the Summer Islandℯ.
[Indorsed:] A Coppie of his matℯ letter to the Summer Islandℯ Companie. May 20. 1623.
[The order of the Privy Council for delivery to the commissioners of the records of the two companies, May 22, 1623, is printed in Acts of the Privy Council, Colonial, I, pp. 64–65.]
The writing resembles that of Sir Nathaniel Rich.
May 24, 1623
To the Kinges most excellent Matie The most humble Petiton of the
Treasurer Councell and Companie for Virginia
Yor Matℯ most humble Suppliantℯ haueing latelie received yor Matℯ letter, and in the same theis two Comandmentℯ, one that no man shall come to their Courtℯ, or Committees, who besides his freedome and land, hath not some men nowe, or latelie planted vpon his shares, or that is not at this Instant ingaged (and accordinglie pursues) to send men or Supplies thither by the next shipping.
Another that the Councell or Companie shall not bring vnto the Comrs anie Complaint in their owne name, against anie man, They find that the form9of yor matℯ Comaundℯ without certaine danger of the Instant dis- soluc̃on of the Companie, and Plantac̃on, it is impossible to bee obserued. And the latter of them tendeth to the vtter disabling of them in the prose- cution of the greate, and manifold wrongℯ done vnto the Companie, as by the reasons hereunto annexed as they conceive will appeare Which they humblie beseech yor Matie to vouchsafe to p̱use And Conceiueing that yor Matℯ said Comaundℯ haue proceeded from misinformac̃on of yor matie, in the p̢sent State of the Courtℯ and of their busines, that you wilbe graciouslie pleased, either to alter yor said Com̃and, or else to referre the same to the heareing of the lordℯ of yor matℯ most honorable Privie Councell.
In Conformitie whereof and most humble obedience to yor matℯ Comaund, they are resolued no more to assemble without yor gracious assent, al- though this suspension may happen to proue infinitelie p̢iudiciall to the Collonie. And yor matℯ said Suppliantℯ shall according to their bounden dutie pray for yor matℯ health and happines long to Continew
This document is in the handwriting of Sir Nathaniel Rich.
May (soon after May 24), 1623Whereas his Matie by his letter com̃ands that none shall come to the Virginia Courts or Com̃ittees but such as haue shares in Virginia, and men plant either now planted vpon them or to be planted by the next Shipping.
Ob.
The Company haue resolued to petition his Matie that §all§ those men that are ioyned together in one Patent, and vppon a ioynt Stock haue planted, that euery one of these Patentees may come to the Courts and haue a voyce:
Answ.
This §if it bee granted§ will vtterly defeate his Maties purpose to preuent the meeting of a multitude together: for there are 50 or 60 Patents of this nature granted, and in each Patent there are vsually 40 or 50 ioynt Aduenturers, and so they may at that rate assembɫe three two or three thousand people together.
It is therefore desyred
It may therefore (if so it please his Matie) be answered that for euery of those petty Plantations which are §so§ made by a ioynt stock they may choose one na or two men §(such as haue paid in their money for that Plantac̃on)§ in the name of the rest to be present at theyr Courts and that for the businesses of each seuerall Plantation the Patentees may meete together among themselues as they were wont to doe: So theyr priuate Plantations may be ordered among them that are partners in yt Plantation: and yet the Courts not pestered with multitudes, nor no man at any preiudice
The second part of his Maties letter is that no Complaynts shalbe brought to the Comissioners in the name of the Company
Against this they intend likewise to petition because by this meanes (they say) no the Iniuries offered to the Company as cannot be com- playned of, for no p man will become an Informer
Ob.
To this it is answered that the Company may appoint 3 or 4 who may receaue and collect all comp wrongs of that nature, and if they be such as wilbe by any man iustified they may be presented to the Comrs with §vnder§ theyr names that will iustifie it: Otherwise any man of what qualitye soeuer may be shamefully traduced by a multitude and can haue no redress for it, wch was one mayne reason why his Matie m and the Lords made that Order.
Ans.
Probably written by Alderman Johnson. Compare with Manchester Papers, 329.
May (after May 24), 1623They p̢tend by a nice and litterall interp̢tac̃on of his Maties Lettres to induce a conceipt and opinion in the Court, that there the exclusion of so many was purposed therby or as weer comp̢hended wthin the §strict§ lettre of the p̳hibic̃on of §frõ being§ [being] p̢sent at Court or Com̃ittee as yt yt doth exclude doth admit only to vote and p̢sent such wherby are admitted any such. say they
As haue now actually men planted vpon ther p̳p̱ and own planta- c̃con §particular shares§ by wch they p̢tend to be excluded
Ffirst all such as plant joyntly, so that ioyant-planters of Hun- dreds &c̃ are excluded.
Secondly such as haue planted but ther be (people being dead) ther plantac̃ons are now not p̢sently occupied & dwelt vpon.
Thirdly such as hauing men ther; but ther men being vpon th occasion past drawne frõ ther p̳p̱ plantac̃ons, they being spoyld did possesse others plañs
And that none (howsoever pur- posing to send men by the im̄- ediate next ship- ping) could be admitted to the Court.
Lastly all such as weer engaged by p̢sent supplies expecting frõ hence returne of ther com̃oditie.
And inferr that m ther are not men enough so qualified as shall or can make vp a number of ye Court.
To this wee Answeare wee conceiue his Maties pleasure is only to su exclude such as hauing no p̢sent stocke running ther either in men or supplies alone or wth others nor expecting or hauinge frõ thence no p̢sent profitt or disprofitt, ought not by ther votes to charge or order other mens interests. Ther being besids much suspic̃on that such votes serue only to make vp a side therby to double yt to cary what yt pleaseth to the disadvantage of such as are ingaged in the p̢sent advancemt of the plantac̃ons and by supplies of men or p̳uisions.
[2] And therefore wee conceiue his Maties pleasure is.
That all men wch are free of the companie and haue§ing§ shares that ether haue had men vpon ther plantac̃ons: or haue men or servants resident ther vpon ther p̳p̱ plantac̃ons: or vpon a ioynt- plantac̃on: or are engaged by supplies expecting returne of com̃oditie, are enabled and allowed to be p̢sent at Com̃ittees & Courts. Of wch ther are many hundreds suffycient for abilitie or number to hould Courts.
And therfore some declarac̃on & explanac̃on may be made of his Maties lettre by his Maties or the Ldℯ Interp̢tac̃on and no reason to alter but explyan.
Ther petic̃on relating reciting the two p̳hibicons of his Maties lettres desires the alterac̃on of his Maties inhibic̃ons as p̳ceeding frõ his Maty vpon misin- formac̃on. The first tending in effect to dissolue the companie by dis- abling them to hould any Court. And Wth this that they durst not he returne agayne to hould any Court vntill the same was revoked: And that the second tended to take frõ them all redresse of any wrongs done to the Companie or any way to complayne.
The reasons of these conclusions they left to be drawne and agreed vpon by Sr Edward ye L. Pagett Sr Ed. Sackvile. The Ffarrers &c̃ wch wthout being [3] com̃unicated to the Court should be deliu9d as their reasons for th' vphoulding of the conclusions of the peticn. The peticn is to be de- liuered by Mr White Mr Scott Mr Benett & Mr Zouch, who must wayte to morrow morning at the Court wher the Chancellor of the Duchy shall meete them and carry them to his Matie to p̢sent the peticn.
[Indorsed by Sir Nathaniel Rich:] Mr Johnsons obser̃n of [the] carriag of the business vpon the Kgℯ first ɫre for putting some absent[ee]s * * * 1
Three short-hand characters.
CourtFirst whereas Yor Matie is pleased to Commaund that none be p̢sent at the Courtℯ or Committees of the Companie dureinge the Contynuance of the said Com̃ission but such as haue Men nowe or lately planted vpon theire shares and that are at this instant engaged (and accordingly pur- suig) the sendinge of men or supplies by the next shippinge Yor Matie may be graciously pleased to take notice that the Companie for Virginia Consistinge of aboute One thowsand p̱sons Adventurers by purse (besidℯ some fewe others admitted accordinge to the expresse libertie of Yor Matℯ graunt as namely the Lo: Marques Hamilton the Earle Marshall the Earle of Carliel and some others of yor Matℯ Courte as Sr Henry Mildemay and a very fewe principall officers and eminent p̱sons that by sundry good offices haue des9ued well of the Companie all wch haue free accesse and voices in theire Courtℯ by graunt in yor Matℯ ɫres Patentℯ vnder yor great seale of England to suspend that originall libertie graunted by Yor Matie and to exclude them from the moste important Consultac̃ons of the Company as they conceive it to be noe Way in the power of the Company to doe, as beinge Contrary to yor Matℯ ɫres Patentℯ soe it must needℯ be to theire vnderstandinge a gen9all dishartninge of all men and a p̢sage of future evill and as they feare will Cause this great Worke to be forthwth abandoned.
Secondly by Yor Matℯ ɫres Patentℯ there can be noe Courte kept vnder the number of Five of the Councell and Fifteene of the Gen9allitie wch nomber is impossible to be made vp at this p̢sent wthin theis limitac̃ons nowe p̢scribed by Yor Matie
For yor Matie may be pleased to be informed that although the engagement and adventures of the most of them that doe nowe vsually followe and attend the Cortℯ (except those only that haue of late opposed the Company) be very greate and too many of them the best parte of theire estates yet very fewe of them either nowe or formerly haue had any men planted on theire perticuler shares it beinge the Custome for divers to ioyne together in one body or ioynt stocke, and the like Course is held in Magazines and all other Adventures the retornes whereof beinge dayly expected will noe doubt drawe them on to a newe and Contynuall supplie both of Men and provision.
But if for any the least tyme the care of them should be neglected (and otherwise then in publiq̢ Courtℯ and Com̄ittees they cannot treate nor order them) there must needℯ followe an inevitable p̢iudice if not vtter ruyn of all mens estates there and here and a Certeyne stoppe to that happy Way of the Plantac̃ons encreas wherein nowe it runnes: Wherevnto not only those whoe doe nowe bringe in moneyes and make supplies but divers likewise of the Auncient Adventurers whoe havinge by the misgovernmt of former tymes lost all theire former adventure can nowe hardly be p̱swaded to adventure anewe, Yet theire p̢sence in the Courtℯ theire Advice theire industry and other manifold assistance encourageth dayly a multitude of able Planters in p̱son to transporte themselues thither and soe to advance the Plantac̃on: Besidℯ a greate parte of theis beinge men of qualitie when occasion of publiq̢ benefit as fortificac̃on or other provision for the strength or benefitt of the Collonie shall require the gen9all Contribuc̃on of the Adventurers are and haue beene ever the most ready of all others to lay out theire moneyes as men not fixeinge theire myndes on the hope of hasty gayne from a private Plantac̃on.
Soe that to debarre and exclude them even in this regard much hinder and sett backe the encrease of the Plantac̃on by depriveinge the Courtℯ of soe many able and vnderstandinge p̱sons, and soe well versed and experienced in the busines [2] besides that the good and fayre Carriage of the busines theis last foure yeares hath soe wound vpon divers of the said auncient Adventurers as they doubted not to haue had newe and fresh supplies from them before this; in Case theis late troubles and distracc̃ons had not happened And soe much the more doe they Conceive it needfull that the Courtℯ be nowe frequently attended in respect of that gen9all discour- agemt given by that Vnmaskinge of Virginia p̢sented vnto yor Matie by Capt Butler Soe that if by the p̱formeinge of this Yor Matℯ Com̃aund the said Courtℯ and other meetingℯ should for the tyme be discharged (wch they Conceive will of necessitye followe, if Yor Matℯ Com̃aund herein be still Contynued) must needℯ breed an instant dissoluc̃on of this great Worke wch would be hardly ever possible by or meanes to be sett vp againe.
Touchinge the later point of Yor Matℯ said ɫre wherein you are pleased to forbid that noe Complaint be brought to the Com̃issioners against any man in the name of the Councell or Companie but that the Complaynantℯ subscribe their Complaintℯ wth theire owne names Wee hold orselues bound in the greatest bond of dutie to signifie vnto yor Matie that wee Conceive that in effecte this will tend to noe lesse then an ex- empc̃on from any Complaint to be brought against any of those tymes and p̱sons Wherein and by Whome huge sum̃es were in greatest parte mispent; Yor Matℯ gratious instrucc̃ons and direcc̃ons violated or neglected the Plantac̃on oppressed, robbed, and ruyned and other outrages of very high nature Com̃itted by rovinge and robbing on the spanish Territories in the West Indies and faction lately begunne and maynteyned in the Courtℯ and Companie All wch havinge beene done to the wronge of the publiq̢ and Countenanced by some of or societye there is noe p̱ticuler p̱son or p̱sons to be found of all the Company as Wee Conceive whoe for prosecute- ing of theis publiq̢ iniuries will expose themselues to soe much private Mallice and to such sharpe revenge as hath beene threatned heretofore in some of theis Cases.
And they humbly desire that yor Matie wilbe further pleased to take knowledge that the principall Wrongℯ and iniuries wch they shall complaine of haue not beene done to any p̱ticuler. For if Sr Thomas Smith haue not rightly disposed of the moneyes in his Charge, it is not a Wronge to any private man but to the Companie. If Sr Samuell Argall hath ruyned and made deprdac̃on of the Colony in Virginia the iniurie is not to any p̱ticuler p̱son but to the Company. If by sending out a shipp by Capt: Argall and his Partners to make spoile vpon the spanish territories in the West Indies there had followed that mischeife wch was both threatned and feared by theire takeinge revenge vpon the Colony in Virginia that had not beene the losse of a p̱ticuler, but of the Company. If that intenc̃on of Capteyne Butlers in his paper of Vnmaskinge of Virginia had taken his desired effecte to the disgrace and Consquently ruyn of the Plantac̃ons private p̱sons might suffer but the Notorious iniurie is done to the Company, and soe they might instance in diu9s other p̱ticuler offences done to the body of the Companie and not to any p̱ticuler p̱sons.
And for iniuries done to anie private p̱sons except it be the Complaint of a multitude the Company ever intended to leave them to their owne p̳secuc̃on And what they shall doe as an vnited body, they doe not nor cannot wth any p̢tence of reason goe aboute the Acte of the Courte to p̢occupate the iudgmt of Yor Matℯ Com̃issioners, or to oppose therevnto any such Acte [3] of Courte. But as the Informac̃on of anie p̱ticuler man, is the Acte of that one man and standeth only but as his accu- sac̃on Soe they humbly beseech Yor Matie that this exhibic̃on of their Complaintℯ may be taken as the Acte of the Courte Complayninge, not iudginge, for they acknowledg the iudgmt to belonge to Yor Com̃issioners but im the impleadinge to belonge to the body of the Company. For by Yor Matℯ gratious graunt in Yor Matℯ ɫres Patentℯ they are in expresse Wordℯ made a Corporac̃on and to be Called by the name of the Treasuror and Companie of Adventurers and Planters of the Cittie of London for the first Colony in Virginia and by that name enabled to pleade and to be impleaded as all other Corporac̃ons are; The Company therefore havinge never had Cause to thinck that Yor Matℯ pleasure is to take away this originall and essentiall libertie by Yor Matℯ said gratious ɫres Patentℯ graunted to them, Cannot conceive that Yor Matie meaneth that if the Vnited body of the Companie haue received wronge they may not alsoe p̱secute the lawe against such as haue done the same whether he be an Accomptant to them, or haue robbed pilled or defrauded them in their substance, or done them any other iniurie aswell as any other Cor- porac̃on or private p̱son may doe though the Wordℯ of Yor Matℯ said ɫre to the greate greife of Yor Petic̃oners seeme to importe the Contrary. But for such iniuries as any private man shall p̢tend to haue beene done him it was never intended to p̳secute them in the name of the body of the Companie; but to leave them to theire seu9all private Complaintℯ. For they conceive it not to be accordinge to lawe either for the Com- pani[e] to followe private mens Causes in the name of their body, nor for any privat man or men to p̳secute in his or theire owne names the causes of the Corporac̃on.
Knowinge it therefore to be agreeable to Yor Matℯ iust and gratious purpose that both parties finde the like indifference of tryall and aseured that it is tendinge to Yor Matℯ pious endℯ that abuses on all sides Where they are to be found should be discou9ed that soe they may be alsoe re- formed; Yor Suppltℯ most humbly beseech Yor most gratious Matie (Consideringe that the one partie is the vnited body of the Company and the other partie a very fewe private p̱sons wch never appeared to exceede sixe and twenty in nomber and not aboue foure or five of them at the most that wee knowe that haue for theis last foure yeares brought either money or Councell to the Acc̃on, and the rest of them especially the principall beinge those against whome the Companie most Complayne) that the said body may p̳secute theire iuste and greate greifℯ in such sorte as it is only possible by them to be prosecuted.
[Indorsed by Sir Nathaniel Rich:—] Coppies of the petic̃on & Reasons deɫ 25 May to the kg. concerning the Courtℯ & Complaintℯ of the Virginia Company in answer to his Matiℯ ɫre.
By the Governor and Captaine generall of Virginia.
A Comission to Capt. Pierce to be Capt. of ye Gaurd &c
To all to whom these p̢sentℯ shall come greeting. Know yee that I Sr Francis Wyatt Knight Governor and Capt generall of Virginia, out of the true acknowledgmt that I haue of the discretion, valor, and circumspec- tion, and of the vertue and sufficiencie, of my trusty & welbeloued frend William Pierce gent, do by these p̢sentℯ nominate, make, constitute, ordaine and appoint him the said Willm Pierce Captaine of my Gaurd and Company: And also do nominate, make, constitute, and appoint him the said William Perce (Capt of my Guard & Company) Liueteñnt Governor and Com- mander of James Cittie, of the Island, of the Block-houses, and of all other places belongeinge to the same, and also of all the people there resident. And also I do hereby giue full power, and authority to him, to com̃and rule and govern, both my guard & Company, and the said Citty, Island, Blockhouses, and people, according to his best discretion, in all causes wch shall app̱teine to his place and callinge, both as Capt of my guard and Company, and as Liueteñnt Governor of the places aforesaid: Wherefore I do by these presentℯ moreover will and Comand, all manr of p̱sons vndr my guard and Company now being, or wch shalbe, and all officers and people now resident in James Citty, the Island the Blockhouses, and all other places belonging to the same, or wch here after shall or may come to reside, or inhabite there, in all things and vppon all occac̃ons (in case aforesaid) to giue all due respect, and willingly to obey and execute, the direcc̃ons and Com̃andℯ of him the said Captaine, and Liueteñnt governor, during so long time as he shall remaine in his said place and Com̃and, according to the authoritie vnto him given; And also to be vnto him, in all cases afore- said, aiding and assistinge, as they will answer the contrary at theire further perillℯ. Given att James Citty vndr my hand, and Colony Seale the 29th day of May 1623, and in the xvjth yeare of this Plantation.
Francis Wyatt Chr: Davison Secr.
Patents graunted to seuerall persons: All wch haue diuers Partners with them, whose names and seuerall shares wee doe not knowe. 1
In two columns; as here set out.
[Indorsed:] Virginia Businesse.
Carter and yardley an Apothecarye §dwelling in woodstreet§ vsually directed by Sr E. Sandys to write letters wch Sr E. S. himselfe did dictate vnto them: by and those ɫres did vsually conteyne those things wch Sr E. S. himselfe would not haue appeare vnder his owne hand: md to inquire after those ɫres vpon Oath of Carter & Yardley
1623
Qre whither the silkes shewed on Easter monday last to ye K. were not made in Engl:
whither Sr E. S. would not vsually add at the end of his ɫres to Sr G. yardley: burne this.
Qre by whose meanes Sr G. y. was knighted & sent Gouernor
Qre: Nich & Jo: Ferrer theyr devise 7th Oct. 1622 to bring the Company in debt to Officers in Virginia & yet the Court false entered wilbe deposed by Mr Gibbs Mr Wrott & Mr Jermyn. In the case of Dauison And so in another case to Sr F. Wyatt & George Sandys to contriue the taking away of 50 §fifty§ men from Sr G. yardley.
Mr wrott shewed me a Coppy of Rostinghams ɫre to him in which he recites the reading of Sr G. yardleys ɫre to Rostingham auoing vpon his life the most earnest p̱swasion & solicitation of Sr E. S to yardley to h vpon him the Gouermt of Virginia.
Nic Ferrar sayed the 9d vpon pound offered by the Lordℯ to be pd for or Tobacco was no grace of the King but they were in better case both by the contract & before when they pd xijd.
200 qrs of Corne at 4s 6d the buz out of Gold the publick p̳uisions of London granted last march for the good of virginia was sold at Virginia for 30s a buz to the planters & the benefitt is sayed to be wholy conuerted to Barber & the fferrars
ffor Reformac̃on that his Mate would please himselfe to appoint §of some principall membrs of the Company§ a Counsell not exceeding 13 or 15, who may haue power to decide all differences amongst the Companye §to receaue the appeales of the planters§ to ha to regulat all disorders §to receaue the appeales &§ to heare & determyne the greiuances of the Compa Planters & Aduenturers To nominate ther Gouernors and officers to be imployed in ther Plantations, by propounding first the Office & then §at each elec̃ the names of the §fitt§ p̱ties to be imployed, and he to be chosen that hath the pluralitie of voyces by Counsell & Companie.
ffor making of lawes & orders that §to be as now they are: only if all ye Counsell agree that a law is inconvenient then it shall not pass: but beeing made not to be reuersed but by 2 thirdℯ of the Coun- sell & 2 thirdes of the Company
And of the saied Counsell one to be yearelie chosen who shall be gouernor fo of the Companye for that yeare, this man to be chosen by the pluralite of the voyces in the Counsell. And one Deputie §of the Company§ to be chosen by pluralite of voyce of the Counsell & Companye in a quarter Court at the tymes now appointed: And all other officers by plurality of voyce of Counsell & Companye: But all these officers to be these to be §those§ elecc̃ons to be made be in mann9 & tyme as now they are
The Gouernor in meetingℯ of the Counsell to haue a casting voyce, in other meetings of Counsell & Company to haue a ca double & a casting voyce. If §Gouernor &§ all the Counsell agree p̢nt agree in any thing then §that at§ to haue §The power§ a Negatiue voyce against the plurl [sic]
If any of the Counsell dye, the Maior p̱te of the s̃d Counsell to elect by plurality of voyce one to succeed
tymes by §com̄- on§ consent of Counsell & Com- pany appointed for tyme of va- cancie & then to haue power to appoint Com̄it- tees for dispatch of some necessary business
That some of the antient & graue Citizens §nobles & gentlemen of quality not beeing priuy Counsellers§ that haue ben heretofore Aduenturers may be by his mate inuited againe to become Aduenturers, therefor to be made Counsellors & to haue weekely meetingℯ, except at
No man whatsoeu9 to be admitted to haue voyce in the Companyes that shall not in euery yeare haue §& contynew§ at the least 2 p̱sons vppon his share or shares §owne§ land in the plantations.
Proiect how the S. Ilandℯ may be better gouerned & not so subiect to popularite and by that meanes to fac[tions] as now it is, and yet the patent preserued vntouched.
But if any shall refuse to assent to such orders as shalbe giuen by his mate for matter of gouermt then his land to be questioned vpon the validity of the patent, els to be confirmed by a §one Patent to be §new§ granted, to conteyning an assurance or confirmac̃on to euery man his p̱ticular shares.
Inducemtℯ to surrender ye p̃nt & to gett a new pt
1. Qre Whether we hold not the pt meerely vpon Condic̃on (Vnder) p. 4
2ly. Whither Royall fishings as that of the whale doe pass by the name of all fishinges with other generall wordℯ
The ɫres patℯ say pag. 5. in the very preamble to th' establishing of the man9 of Gouermt that bec̃
It is not Conuenient for all the sayd Company to be oft drawne to meete and assemble as shalbe requisite to haue meetings & conference about theyr affayres. ga the K. doth establish & Gouernor and Deputye and 24 Assistants for managing managing ye generall business and affayres for and concerning the sayd Ilandℯ now how to make this Governor and Dep. and Assistants haue the principall stroke in the Gouermt is the question to wch end
a law be made not to be altered by his mates consent & the same not to be altered but vpon wth his mates consent vppon the humbl petic̃on of 2 p̱tℯ of the Company at least
I p̳pound that no Gouernor shalbe eligible who hath not at least 20 p̱sons planted vppon his land for so he beeing deeplye interessed will haue most care of the Com̃on good.
1.
None to be eligible for Deputie who hath not 12 §10§ p̱sons at least planted
None for Treasuror who hath not 6 §psons§
Nor none to be principall Assistantℯ who haue not at least 6 p̱sons planted
That the Depute
qre pag. 5. m x yt ye Gouernor, Deputy, and Assistants, or any of them shalbe from henceforth nominated, contynued, changed &c on by the voyce of the greater p̱te of the Assistantℯ & Companye. qre whither if these be maior p̱te of the Companye would §agreeing to§ haue an Officer changed, & the maior p̱te of the Assistantℯ disagr would not §not agreeing to§ haue him changed: he pet is that officer to be changed.
qre
That each Aduenturer shall haue so many of the 400 voyces as he hath shares: wch is wthin the equitie of the patent & will preuent making ouer of shares to others so to increase the popu wealth the troup of Aduenturers. when indeed one 4th p̱te ar scarc true but only nomine tenus Aduenturers And so some 14 p̱sons will sway the Gouermt for each man can haue but 15 shares
E. Warw | 15 | Lord Kensington | |
Sr Tho. Smith | 15 | Mr Tho. Fanshaw | |
Sr N. Rich | 15 | Sr Wyll. Massam | |
Mr Edwards | 15 | Mr Gibbs | |
Mr Moorer | 10 | Baron Southerton | |
Mr Dike | Sr Henry Mildmay | ||
Alderman Johnson | 10 | Mr Pheasant to buy | |
Sr Tho. Wroth | Mr Caning | ||
Mr Tucker of Grauesend | 15 | ye L. Pagetts | 10 |
Sr Sam. Argall | Mr G. Smithes | ||
Capt. Na. Butler | Maurice Abbott | 2 |
new Adventurers to be bought.
Sr H.1 Mildmay | Dr Whiting2 |
Baron3 Southerton | Sr Wm4 Massam. |
Mr Worselnham5 | Richard Spitty6 |
Mr Palauasyne7 | Charles Jones8 |
Nich. Hawes9 | Bing10 Wrottll |
Sr Homfry12 Hanford | Mr Gough12 |
[Indorsed:] qres concerñ Virginia Notes taken for informing Comrs
qres
May it please yor most excellent Matie
Howsoeuer in regard of the shortnes of the tyme wch yet we haue had §as yet§ to enquire into the thorough estate of the plantac̃ons according to the particular headℯ of the Com̄ission for that purpose, by yor Matie granted §directed§ vnto vs: yet finding by what alreadie appeareth vnto vs (especiallie by the ɫres that haue come vnto or handℯ wch were brought home in the last Shipp that came from thence §Virginia§ wch arriued here about a fortnight since, that the estate of that Colony §at this p̢nt§ is most §weake and§ miserable, weake, * * * * * as desperate and if §conceaving that vnles§ by yor Maties: speciall care and prouidence it be not forthwith releiued and some better course taken then of late yeares hath ben for ordering and directing those affaires both there and here, wee conceaue that that worke the whole worke in all probabilitie §is§ like to come to vtter ruyne: we hold it to stand wth or duties, and wth the trust by yor Matie in that behalfe reposed in vs, faithfullie and truly to enforme of yor Matie: that notwithstanding the great Sum̄s of money wch in that action haue ben imployed a great p̱te whereof hath ben drayned from yor people in generall, by the Lotteryes, and much also brought in by priuate Aduenturers, and notwithstanding that §euen§ wthin theis 4 yeares or thereabouts there haue ben transported aboue a fowre thowsand of yor Subiectℯ, besidℯ those wch §who§ went thither during the first 12 yeares wch were §beeing§ ab as we are informedb about §about§ 2500 p̱sons many of wch retourned from thence home againe, and, at * * of them as some enforme vs about 600 but §of wch§ nomber there remayned as we conceaue aboue one thowsand when Sr Thom̄s Smith left the gouerment, yet we haue good reason to beleaue that there are not now in all very §veryd few§ p̱sons §left in the Colony§ but how many left we cañot come certainly come to the knowledge of by reason that the Catalogue of their names (wch were §was§ wont to be yearelie sent from thence) is this yeare either not sent or at least concealed from vs wch doth much increase the or suspition concerninge the §weakenes & paucitie of the people there§ espe- cially because the letters wch we haue seene doe not only make mention of extraordinarie mortality besidℯ the Massacre lately hapned but in some we find in the relation of a principall Officer in his left there in his ɫre to his §a§ priuate freind: That the through their owne Imbecilitie the leuing were hardly able to bury the dead weakenes of and paucitie of the people there: We find also that not only the liues of so heauye hand of god had so suppressd them that the liuing were hardlie able to bury the dead through their owne Imbecillitie in so much sayeth he as I am afraid we haue not lost lesse then 500 by sicknes (wth a generall weakenes of the rest) wch taken out of so small a nomber (farr short of yor coniceture so as aboue 3000 of yor Subiectℯ haue ben lost wthn theis 4 yeares but also that those few that remayne there are in a very poure and almost desperate estate in regard of extreame dearth &: That there nombers are farr short of their coniectures here: That they haue lately lost 500 by sicknes, and that he beleaveth they haue not left behind them so many able men in the Contrey: And in expresse wordℯ more expressly he sayeth that when they were to goe vpon th' Indians they could out of the whole Colony but raise 180 (whereof 80 were fitt only to carry burthens) to incounter wth a * * * Indians We find also that not only the liues of aboue 2000 diuerse thowsandℯ of yor Subiectℯ haue ben lost wthn theis 4 yeares but also that of those few that remayne there are in a very poore to and almost desperate estate in regard of extreame dearth & famyne and the mortalitie that thereby occasioned as also by reason as also by reason of th' enmitie of the Sauages who haue lately com̄itted many insolencies and §actions of§ barbarous hostilitie amongst them: By both wch they are §Colony is§ reduced into very great extremities, their owne ɫres making menc̃on that they haue no Corne but what is brought thither by Shipps vnto them, that their principal substance is only a little water grewell, that a penny loafe wch conteynes not aboue a mouthfull of bread must serue 4 men for a day and in generall that the price of a hogshead of Meale is there at 12li the price of a Hogg ten §5 or 6§ poundℯ and other necessary prouisions ratable and yet not sufficient to susteyne §halfe§ the Colonye at those Rates to be had so that in all likelihood it seemes doubtfull to vs by the ɫres wch we haue seene whether the poore people that there remayne are in more danger of staruing wth at home, or §of§ hauing their throates cutt abroad. It appeareth also that §ffor all me * * for ought appeares to vs all meanes of safety is taken from them§ The fortes and other publiq̢ workes §& buildingℯ§ wch were erected §made§ during Sr Tho. Smithes tyme §for their defence§ are ruynedf and none in their roome g erected since that tyme erected h §few or§ no skillfull §& experienced§ gouernors leaders and Com̄anders left amongst them or sent thither during these last 4 yeares wch in or opinion is one of the cheifest causes of the miseryes wch haue befallen them: The publiq̢ stock of the Companie wch by Lottaryes at the the begining of the wthin theis 3 or 4 yeares brought in about 30000li thirtie i thowsand poundℯ is wholie exhaustedk §the Company at this tyme much indebted§ the antient Aduenturers it seemes to vs are much dishartned and so haue in a mann9 of late yeares deserted the business, As for Staplel Com̄odities we §can§ heare of none that within theis 4 yeares haue come from thence. Those few that haue ben attempted to be raysed haue miscarried, and the money and labour §therein vtterly§ lost: so that we cañot only say that the case §for ought appeares to vs th' estate§ in generall of that plantac̃on is extreame §not only§ miserable and wthout yor Maties but remediless vnles it shall please yor most excellent Matie by aduise of yor out of yor tender care and compassion of the t most calamitous and distressed estate of yor poore Subiectℯ there remayninge to giue p̢nt dir order and direc̃on for their releife; not by sending them Corne §& other p̳uissions not§ by way of mrchandise as hath lately ben vsed to take aduantage of their misery & necessities by making them pay most vnconscionable prizes, but either of free guift or at such reasonable rates as all their meanes §of sustentation§ wch consists only §by wch the poore people subsist beeing only§ by planting a little Tobacca may not be Taken from them for a little ffood: §but some- what left to cloath and cherish them§: As also that yor some able and experienced Com̄a Gouernors and Com̃anders may forthwith be sent to who may be all meanes possible prouide for their safetie and defence, wch is we conceaue against those rude na rude and naked people might wthout much difficultie be effected seeing we find §it is affirmed§ that antiently when the Colony consisted of farr less nomber of able p̱sons then now it doth, and yet that so great was their prouidence §of thexpert Gouernors & Officers in those tymes§ that they did not only preuent any such disasters as haue lately befallen them by the handℯ of the Indians, but that contrari- wise they either forced them to a m good correspondence and made many if not all yet most of their bordering Sauage Princes to pay a yearelie contri- bution of Rent Corne & other p̳uisions for releife of §by wch§ the English Colonye was plentifullie prouided. This out of the necessitie of the p̢nt case §wch we conceaue will admitt no delay wee§ we haue thought doe §in the generall most humblie offer to yor princely wisedome in generall to be (reseruing a more exact and thorough examinac̃on of all p̱ticulars to a further tyme) we doe in all humilitie offer to yor princely wisedom wch as it doth clearelie shine in all the partes of yor Gouerment, so that it not a little appeared in this, That in a tyme and season so fitt and season so opportune for yor sacred help you haue ben pleased to cast yor eye vpon th' estate of yor poore subiectℯ so farr remote whose extreame miseries beeing by yor excellent goodnes §now§ releiued, and further direcc̃ons §a better settlement§ therevpon established may putt a new life into this noble enterprise, and remayne yet a further monument of yor renowned Pietie, Prudence and Justice and Clemencie §vn§ to all Posteritie.
a themselues confess yt within these 4 yeares they haue sent 4270.
b This is ye nom- ber also wch them- selues confess.
c They say only 600, but we will prooue aboue 1200:
d for this we will shew good reason
Georg Sandys to Mr Wrott
eif the former be proued this is cleare
here all ye p̱tic- ular complayntℯ comprised in the letters deɫ to ye Comrs may be inserted
f this will appeare by letters and dep- ositions of many witnesses
and Let ye deputy be asked & he will confess it as §and so will§ all others yt know the passages of ye last 4 yeares
this appeares by theyr owne decla- ration to his Matie & for more cer- tayntie th' ex- presse sum may be sett downe
k This also if they deny we will proue.
l vnt Impudence it selfe cañot deny this.
this supply may be made 3 wayes:
1. Those that by these vnconscion- able prizes haue extorted an ex- orbitant gayne may be made to pay a proprotion of their gayn to releif of the pub- lic.
2ly by reducing the exhorbant re- wardℯ giuen out of the Lotteryes.
3ly. If his Maty
will please to call for the old Adven- turers & to en- courage them to a new supply.
m this also will not be denyed by ye any yt was acquainted with ye passages of those tymes.
The examinations of Capt Isack Madeson touchinge the supposed con- tract betweene Mr Grivell Pooley and Mrs Sysley Jordan, taken before Sr Francis Wyatt Knight Governo9 and Capt generall of Virginia: Sr George Yeardley knight, Mr George Sandys Esq9 Treasuro9, Dr: John Pott, Capt Roger Smyth, Capt Raph Hamor, and Mr John Pountis. one the 4th of June 1623.
Capt Isack Maddeson Sworne and examined saith that (as neare as he remembreth) the first Motion made to him by Mr Grivell Pooley, touchinge a match wth Mrs Jordan, was about three or foure dayes after Mr Jordans death, who entreating this examinant to moue the matter to her, he answered he was unwillinge to medle in any such bussines; but beinge vrged by him, he did moue it: Mrs Jordan replied that she would as will- ingly haue him as any other, but shee would not Ma§r§ry any man vntill she was deliũed. After this Mr Pooley (having had some private talke wth Mrs Jordan) tould this examinant that he had contracted himself vnto her, and desired him and his wife to be witnesses of it, wherevppon Mr Pooley desiring a dram̃ of Mrs Jordan, and shee bidding her servant fetch it) said he wold have it of her fetchinge, or not at all: then she went into a roome, and this examinant and Mr Pooley went to her, but whether she were privy to his intent this examinant knoweth not: when Mr Pooley was come to her, he told her he would contract himself vnto her, and spake these words. I Grivell Pooley, take thee Sysley, to my wedded wife, to haue, and to hold, till death vs depart, and thereto I plight thee my troth. Then (holding her by the hand) he spake these words I Sysley, take thee Grivell, to my wedded husband, to haue, and to hold, till death vs depart: but this examinant heard not her say any of those words, neither doth he remember that Mr Pooley asked her whether she did consent to those words or that shee did answer any thinge wch he vnd9stood, then Mr Pooley and shee dranke each to other, and he kissed her, and spake these words, I am thine and thou art mine till death vs seperate. Mrs Jordan then desired that it might not be revealed that shee did so soone bestow her loue, after her husbands death; wherevppon Mr Pooley protested before God that he wold not reveale it, till she thought the time fittinge.
[2] The examinations of Mrs Mary Maddeson, and Serieant John Harris, taken before Sr Francis Wyatt Knight Governor &c and Chr: Davison Secr: the 17th of November 1623.
Mary Maddeson Sworne and examined saith, that she was not p̢sent at the makeinge of the supposed contract betweene Mr Pooley and Mrs Jordan, but she heard Mrs Jordan say if Mr Pooley had not revealed it he might haue fared the bett[er] and saith further that her husband told her that night, that Mrs Jordan had made her self sure to Mr Pooley, but what words passed her husband did not perticulerly repeate, but spake of theire drinkinge each to other, and of Mr Pooleys salutinge her John Harris Sworne and examined saith that he heard Mrs Jordan say that Mr Pooley might thanke himself, for he might haue fared the better but for his owne words.
This Woman before Mr Grivell Pooley called her into the Court, con- tracted her self to Mr Will͠m Ferrar: before the Governor and Counsell disavowing the form9 and affirminge the latter: Wee (not knowinge how to decide so nice a difference, our devines not takeinge vppon them pre- sisely to determine, whether it be a formall and legall contract desire the resolution of the Civill Lawiers, and a speedy return thereof.
Extract p̱
Ed: Sharples, Cler: [Indorsed:] Examinations touchinge Mr Pooley and Mrs Jordan. 4th June 1623
From the text printed in the American Historical Review, XXVII, pp. 505–508.
June 9, 1623
Loving Brother
Yours Out of the John and Frances I received with letters from Edwarde Haresse and Robert Bennet out of Spain, the 27th of Maye the shippe arrived heare in saftie God be thancked, and out of her I received some 19 Buttes of exclent good wynes, 750 jarse of oylle, 16 Barelles of Resones of the Sonne, and 18 Barelles of Rysse, tooe halfe hoghedes of Allmondes, 3 halfe hoghedes of wheate and one which was staved at seae, 18 hog- hedes of Olives and some 5 ferkenes of butter and one Chesse. Allso I received 1 chest and tooe barelles of Candells, with 3 packes of Linen Cloth marked in your marke and tooe dryfattes of Mr. Kinge's. All these goodes came safe and well condisioned to my handes and the beste that I received since I came in to the lande, and I macke noe question but to macke you by God's helpe good profet one them, and your retorne to sende you home in the same shipe. She is gone, God sende her well, for Canadaye but with her ladinge to retorn hether agene. For the yeare beinge soe fare spente I knowe that fysh will yealde more her thene in Spayne and I knowe her frayght hom wilbe a great mater more, soe I hope I shall not incore your displesures doinge as I hope all thinges to the best for your profet. My laste letter I wrotte you was in the Adame from Newfowndland the which I hope you have received er this. God sende her backe in saftye and this from Canaday. I hope the fyshe will come to a good reckning for vytelese is verye scarse in the contrye. Your Newfowndland fyshe is worthe 30 s. per cente, your Drye Canada 3 l. 10 s. and the wette 5 l. 10 s. per cent, and I doe not knowe nor hier of anye that is comyinge hether with fyshe but onlye the Teger, which wente in companye with the Adam from this plase and I knowe the contrye will carye awaye all this forthe with. Our men stande well to ther helthe God be thanckd and I hope to macke you a good crope, bothe for Tobaco and Corne. The Fortte is abuyldinge apase. I hope yt wilbe a great strenth- ning unto us, for God sende us well to doe this yeare; the nexte year, God willinge, we meane to seatte by them and sette out all this lande, and howsses. Therefore praye lette me intreat you to wrytte me at large whether Capten Basse or Leftenent Barklye or anye other have anye thinge to doe or claym anye lande as ther ryghte, for I macke noe question yf plese God but to blese us this yeare the nexte to have tooe or three hondred men more into our plantasions to be our terretory for yt is the beste state in all the lande, and not the lycke quantitie is grown for good- nes in the lande. Newse I have not anye worthe the wryting but onlye this. The 22 of Maye Captin Tucker was sente with 12 men in to Potomacke Ryver to feche som of our Engleshe which the Indianes de- tayned, and withall in culler to conclude a pease with the great Kinge Apochanzion; soe the interpreter which was sente by lande with an Indian with hime to bringe the kinge to parle with Captain Tucker broughte them soe. After a manye fayned speches the pease was to be concluded in a helthe or tooe in sacke which was sente of porpose in the butte with Capten Tucker to poysen them. Soe Capten Tucker begane and our interpreter tasted before the kinge woulde tacke yt, but not of the same. Soe thene the kinge with the kinge of Cheskacke, [their] sonnes and all the great men weare drun[torn] howe manye we canot wryte of but yt is thought some tooe hundred weare poysned and thaye comyng backe killed som 50 more and brought hom parte of ther heades. At ther departure from Apochinking the worde beinge geven by the inter- preter which strode by the kinge one a highe rocke, The interpretour, the worde beinge paste tumbled downe, soe they gave in a volie of shotte and killed the tooe kinges and manye alsoe as ys reporte to the cownsell for serten. Soe this beinge done yt wilbe a great desmayinge to the blodye infidelles. We purpose god willinge after we have wedid our Tobaco and cornne with the helpe of Captn Smythe and otheres to goe upon the Waresquokes and Nansemomes to cute downe ther corne and put them to the sorde. God sende us vyctrie, as we macke noe question god asistinge.
I praye comende me most kyndlye to Mr. Oxwige and tell hime that I hope at the comynge home of the shipes which I hope shalbe the firste that comes for Englande, he shall receive a good parsell of Tobacoe from me with good profet: praye forgete me not to all the reste of our good frindes yourselfe and your wyfe, my brother Richarde and his wyfe with your fatther in lawe and mother and all the reste not forgettinge my chillder whom I praye God to blesse and us all and sende us a joyfull mettinge. This in some haste. I leve you to the mersifull tuision of thallmyghtie in whom I reste
Your loving brother,
Robt. Bennett.
Praye comende me to Mr. Browne and tell him that his boye is with
me, for vittilles being scarse in the contrye noe mane will tacke servantes.
Soe he shalbe with me untill I cane put thinges forthe. Thancke him for
the cheese he sente me, but his boye made use of. Since Tho. Pope and
Mr. Danell are gone to George Harison to live with hime untill the crope
be in. Mr. Kinge's mane rane awaye in Spayne, the reste I received all
well, God be thanckd.
[Endorsed:] 1623 From Brother Robert dated in Bennettes Wellcome
the 9th June. [There follows a summary of the document.]
[Endorsed by one of the Lord Treasurer's secretaries:] 9 Junii, 1623.
Robert Bennett.
[Addressed:] To my Lo. Brother Mr. Edward Bennett, Merchant in
Bartholomew Lane in London.
From the text printed in the American Historical Review, XXVII, pp. 508–509.
June 9 (?), 1623
Right Honorable
The Kinge, the State, the plantacion, and my poore selfe, will all have cause to thank you for procureing this Commission. Expedition will nowe bee the life of it, That it may be putt into accion, by Bartholmew day, else this yeare will bee lost as the last yeare was; your Lordship hath tendered the importacion of the Spanish Tobacco to the Companie, they (as they doe all thinges els) applie it to the benefitt of a few, for want of a Stock. I make noe doubt but if this Commission be expediated, but there wilbe a Stock procured time enough to farme the Tobacco for the publique soe as the benefitt gayned shall returne to the good of the Kinge, and the plantacion. Good my Lord in all your grauntes that carrie profitt with them, use the name of the Publique; The word Companie governed by populer voices, is it that covereth all their secrett practises. And it is a shame that the Common weale of Virginia, dependinge on the Monarchie here, should be governed soe, as this little treatise here inclosed will show you. All the examples that I produce to expresse the injuries done, were for the most part in Sir Thomas Smith's government, because from it the planters have learned their inhumanitie and injustice which they nowe use, both against the new comers and adventurers, offeringe the same measure which hath bene measured before to them. But if I should call in question the present governors, whoe beinge not ignorant that the populer goverment doth directlie take away the power of the monarchie and shew what mischeife they have done by their profuse throwinge out libertie, amongst the planters, whereby they have made them forsake their former discipline, strength and vertue to defend themselves against the domestick enemie, and yet beinge fore warned of these thinges it should appeare that they did it knoweingely and wittinglie against the soveraignitie in England, extreame libertie beinge worse then extreame Tirranie, as it appeared by the troubles in Rome after Neroes death, and the Romans (when their estate was most populer) never punishinge their governors more for anie fault, then the neglect of discipline; this might make our governors nowe as much to bee blamed as the former weare, but I delight not to bee an accuser, unles necessitie enforce it, although all the remainder of my estate sent into Virginia is nowe lost therby. And soe I rest
Your lordships to commaund
John Bargrave
[Indorsed by Willis:] Received 10 June 1623. Captaine Bargrave
We Came late Proclamation if any man had any thing to say to Sr Th: S. he should come in presently The Lord Cavendish Read the second lettre Presented the exceptions against Sr Th: S Accompts They were read: Sr Tho: Petition Read wch was they said Sr T. S had presented all his Books we said not his Originall Cash books the Cauled him in he Came in wth seaveral Counsell and 20: of the Gemn. but the Rest willed to departe
He made a Complent he Could not gett his Books after they were delivered
He tould a Tale of my Lord: of S and Sr Ed: Sandy
Mr Brookes of his Accompts
he protested the fairnes of his Accounts
Ni: fferrar Maid Answere that that to My L: S was but one exceptions some beleiwed
Secondly whether by his Cash he or * * * he wold stand by at wch wordes he was very Angry Saying he was nether Audictor nor Cuncel My L. Cavendis
then they demand Warrants and Receites he said by Oath he would proue he had
They Commiss would not haue the Bookes * * * from them one Booke at once: and a Commissnr by
that our exceptin were but in Generall they required profe and particularly how much Sr Th: Smith was endebted to the Compy
We desired he might make his answr to our obiections that the Company shall appointe 4 or 5 to attend the Commissions a bote this things
Sr Tho: Departed
then My Lord: C: presented the Vnmasking of Virginia desing it might be examined
that Capt. Butler had not offerd it to them
That if we would make it our Complant we must bring in the originall under his sworne hand: wch we Could not Do but offered a Coppy to them desieringe Capt: Butler 1
The remainder of this page is written along the margin.
might be Cauled in to heare it wch he would not deney but that they would not: Sr Ed: S: pressed it as the mane stopp of the Plantcons: but still they seemed unwilling to proceede wth it. Yeat at the end Sr FH: Spiller Said he thought it was fitt that Sr. T: S: Ac and that should go to gether: they said it might be Capt Butler would not present it he was now of another minde And it might be they sh[ould out] of the letters find some thing.then they fell vpon the Opening of the Letters
But * * * demanding as vpon oath Wether there was not Directions given to write faire and glorious publique letters and
Every Man Sworne before he Came out of the Country
A Blacke Box often asked after &c
the they Opend the * * * of the letters
My letters first Opend
the checked at eury word that seemed to touch either want of health or a Carsety of Corne
that the Private letters Spake of Want but the Publique letters of none that proved underhand dealing
that they Came in and by ther lawes * * * to the Commissioners the Way to proceed
First that all our letters and Books be brought in that the sd Black Box was Concealed wch wuld discover much the Lamentable state of the Country
that they would be ginne wth Sr To: Smith Accompt: first and Cleere him before any other business proceeded That Foure of each Side might be appoynted and that they might follow the buissines but men of equallity and they should undertake to Justifie all things or receive the Blame for it.
That Mr Wrott a most worthy Gentlm appealing to the king * * * proceded against by both Companys might be restored and sett in Courts and offer the busines: all wch the Commission said they would take in to there Consideration and one fryday next give some Answers in: the Letters to you from Sr Fra Wyat and Mr George Sandys they Read also but to them Selfes and soe putt them up a gaine to be deliverd when they had Read all other mens alsoe: and Soe they Rose.
[Indorsement:] Noatℯ of the [Commis]siones proceeding.
First for three hogsheds of Meale cont9 9: buz: a peece at 5s 6d a buz | 7:18 | ||
for the 3: Caske at 4s 6d a peece | [blank] | ||
for a hogshd of Oatmeale to cont9 9: buz wth 4s 6d for the Caske | 1:11:2 | ||
for one hs̃ of vinegar, and for 10: Gal- lons Oyle, wth the Caske | 4: | ||
for a firkin of butter | 1: | ||
Vitailes | for one hundred wt of Cheese half Cheshire, and half Suff | 1:12: | 26:li:7s:2d: |
for a firkin of beife suett of 56 pound at 3d ali | 0:17. | ||
for Twentie Gallons of aquavite | 3:4. | ||
for 40li of Sugar, and for other spice 13s 4d | 2: | ||
for an hogshed of beare the Caske to be Iron bound | 2: | ||
Apparrell | For Apparrell for 6 men, alowing to each man 3: Sutes of Clothing, 4: shirts, 4: bands, 4: pr shooes. 3: pr Irish stock- ins a Monmoth Cap etc: after the rate of 3: 6: 8. for ech man | 20: | 20li: |
Tooles | For Tooles of sundry sorts for the 6 men | 3. | 5li:15s. |
for Nailes for their vse | 2:15 | ||
Armes ∥2 other peecℯ∥ | For Arms for two of the 6: men, to be completely armed | 5 | 10li: |
for a long peece for him self | 1:10. | ||
for Powder half a barrell, and for shott | 3:10. | ||
Transport | For the transport of the six men to Virginia | 36: | 36li: |
Fraight | For the fraight of the abovesaid Goods beeing estimated at Two Tun and an half | 7:10 | 7li:10s. |
Provisions to §be§ made for himself viz: Six pr of Shooes | 0:15. | ||
Three pr of Bootes | 1:7. | ||
Provisions for himself. | A hatt and a band | 1:0. | 7li:17:s4:d. |
A Ruff | 1:0. | ||
Bootehose two paire | 0:12 | ||
A peece of holland of Twentie elns | 2:10. | ||
A pr of Garters and Ribboning | 0:13:4 | ||
Sum:— | 114:19:6 |
Bedding etc. [Blank]
[Indorsed in the same hand:] For Mr Webb.
[Note on the back, in the reviewer's hand:] Wm Roylie of Norwitch 23 Wm Perruck shoomaker
[Indorsed in pencil, in a modern hand:] Virginia 1623? qy I think Mr Webb's business was in Charles I's time. N. B. Mr Webb had shares in the Virginia Company 2 April 1623.
In the hand of Sir Nathaniel Rich.
June 19, 1623June. 19. 1623. 36 ors rec' by * * * Jones. 2
See Introduction, with regard to shorthand symbols used in this document.
The lady Wyatts ɫre to her Mother] that she is recouered of her sicknes &c That they 3
Sic.
prouisions there at unreasonable rates and not good. This yeare we liue hard by reason of the Indians and gett little or no meate for we cañot send out vnder 4 or 5 and they be out 2 or 3 dayes and gett so little it is not worth their labour. We lack about§e§ halfe or kine and most of these are dead this Winter. Here hath ben a generall death of men and Cattle but now I thanke god it is ceased. We want all almost three partes of or men: And if we receaue not or due of them how can they looke for any thing from him 1Sic; possibly a clerical error for "here."
: or kine are all we haue to liue on and or garden wch we haue none but I am about one: All the last Sum̃er Mr Wyatt lay sick &cdearth
death of men
Sr Francis Wyatts ɫre to his father George Wyatt Esqre dat 4 Ap. 1623 Jams City sayes, Mrs Boyse reporteth of a great deale of miserie that or people endure and not least Hunger in wch th' Indians also suffer extreame.
The Company agreed wth Capt Each (Mr of th' Abigaile) for erecting of a Fort vpon the Oister bankes: but it pleased God to call him away pres- ently after his coming and I feare he vnderstood not the place where the intent was to build it: for vpon triall it prooued a loose false grounde, besidℯ the Capt beeing dead there was none left that would certainlie vndertake it or couenant to p̱forme it in any reasonable tyme. So we resolued to dismiss the Ship (lying at 160li a month) and wth or land men (leauying euery xxth man towardℯ the Worke) vnder the Comd of Capt Roger Smyth who liued 12 or 13 yeares in the Warrs in the low Countreyes to build a blockhouse vpon the Shoare where we might as well com̃and shipping and wthall haue a strong Plantac̃on the ground beeing rich and good: This will at least giue a begiñing to what may be done hereafter of greater consequence.
The fort giuen over
George Sandys to Mr John Tradesicant at my Lord Wottons house.
Wyll͠m Hobart to his father §12 Ap§] He found at his landing out of the Abigaile, The Gouernor & his lady at Mr Gookins Plantac̃on: But of all Mr Gookin's men wch he sent ou9 the last yeare we found but 7: beeing all killd by th' Indians and his plantac̃on ready to fall to decay: The Countrey at this tyme standeth in as bad an estate as it hath done many a day for we cañot goe to or labour wthout armed men to garde vs wch will hin- der vs very much: There is very little Tobacco in the Countrey by reason of the troublesome tym that hath been here fo here hath ben another Massacre since that the last yeare they tooke & killed between 20 & 30 Here is very little Corne or p̳uision for the same reason.
little Tobacco
or Corne
14 Ap
P. Arundle his ɫre to Mr Cañing. [§from Buckrowe§] The Gouernor & Treasurer haue seene §my new silke house & also§ my small store of Prouision wch was only a bushell of Meale to keepe me and my familie from this tyme till Haruest but could haue no releife, only the Thrẽar bad me pray for the speedie arriuall of the Seaflower, & if she bring in any Meale I shall haue some paying for it All my Son in lawes corne was brought vp to James Towne & I cannot gett a grayne of it to releiue my need though I produced a Bill of 18li sterɫ wch he owed me: Great men are payed, but poore men must bide the loss: yet I dare not complaine for feare of worse, seeing Virginia is gouerned whollie by Sr Edwyn Sandys his faction: I desire therefore to come to London to shew how all thingℯ are carryed, whereby I hope to procure Reformac̃on: You are both wise & charitable wch will make you to shew these lines but to those that you know vnpartiall and speciallie to Sr Jo Worsenholme: The last cutting of Of Capt Spillman hath giuen vs a great check: The most euident hope from altogether staruing is Oysters and for the easier getting of them I haue agreed for a Canow wch will cost me vjli ster9: My hope for silke is greater then eu9 if I can bring it home.
the Seaflowre
Oysters
Idem 15 Ap. 1623 to Mr Jo: Farrar) Since my last, there is hapned some quarrells betweene Capt Whitakers chiefe man and Mr Anthony Bannall who went to gather Mulberrye leafes vpon the sd̴ Capt ground. Who is in the fault I know not for I was not there but I will tell you once more that vnles strict Orders be sent from Engɫ f̴or preseruac̃on of Mul- berry Trees the silke worke will whollie be lost for a great while in Virginia: Our Wormes are well hatched & very hopefull: if I liue I will bring home some silke: My com̃ing into Engɫ will doe great good for this Contrey, as well by my good report thereof as for some small & easie meanes wch I will shew the Companie for the easier hatching of the wormes then yet hath ben found here or in England & for very small charges: I say if I liue for I haue not at this tyme to maynteine me & my people till Haruest but a little more then halfe a bushell of English Meale all my Prouision beeing spent by workemen to build the silkehouse. If I dye my eldest Son John Arundle will follow the silke worke for I find him very fitt for it, therefore I entreate you if I dye before I see you to take notice of him & to deale charitablie wth my yong Children: All th' euident meanes we haue to liue till Haruest is by Oisters: I haue shewed the cheife Com̃anders (who came to see my silke workehouse) of my great wants, & I can gett no releife though I offer to pay for it: Notwithstanding I referr myselfe to the Lordℯ will And beseech you still to doe in charitie for me according to my Requests in my other ɫres whereof I craue a speedie answere And so I rest
Oysters
Yor serut to be Com̃anded.
Idem to Mr Thom̃s Wheatly: 25 M9che §1623§. I pray God good order may be taken for Rates of thingℯ for the poorer sort are not able to liue: xijli ster: I haue p̃d for a hogshead of Meale & that in good silu9 Plate, cheifelie to feed the men that make my house. A Bushell of Indian Corne is sold for xxs
12 for a qr of Meale xxs a bushell of India9 Corne
Idem to Mr Cañing. 25 M9ch 1623] I haue ben forced to buy a hogs- head of Meale wch cost me xijli sterɫ: A faire guilt silu9 bowle wth a Couer payed for part of it. Our oldest Planters doe dye daylie
Tho: Niccolls to Sr Jo. Worsenholme 2d Ap 1623] If the Company would allow to each man a pound of butter and a po. of Cheese weekely they would find more comfort therein then by all the Deere, Fish & Fowle is so talked of in England of wch I can assure you yor poore seruantℯ haue not had since their com̃ing into the Contrey so much as the sent: Where- fore it must needℯ follow that Oatemeale and Pease and bread & water haue ben their food in sicknes & in health. It may appeare to be want of comforts and no way through the ill disposic̃on of the Clymate or ayre of the Contrey. 1
There seems to be an omission at this point.
Women are necessary members for the Colonye, but the poore men are neu9 the nearer for them they are so well sould, for I myselfe haue eu9 since my com̃ing payd 3li ster p̱ Añ for my washing & find sope. A hard case not hauing had for all the seruice I haue done the Company not one pipe of Tobacco considerac̃on. I am am sure for all these women yor poore Tenantℯ that haue nothing dye miserablie through nastines & many dep̱te the World in their owne dung for want of help in their sicknes Wherefore for preuention I could wish women might be sent ou9 to serue the Company for that purpose for certayne yeares whether they marry or no. For all that I can find that the multitude of women doe is nothing but to deuoure the food of the land without dooing any dayes deed whereby any benefitt may arise either to ye Company or CountreyIm to shew Sr Jo Worselms 2 ɫres to ye Hd.
A poore releife in sickness is ye cause of Death not ye unwhole- somnes of ye Cly- mate
As for the Incouraging men to come ouer in my opinion better meanes may be vsed then by putting them in vayne hopes wch some lying Virginians vse to doe thinking they doe much good thereby when indeed if rightly considered they are not only the cheife causers of their deathes thereby but also is one mayne cause no doubt to bring downe Godℯ Judgmtℯ vpon vs, who would not haue any thing that is for his glory aduanced by lying or other vnlawfull meanes &cℯ. more to this effect.
19 §English§ p̱sons retayned by Opechanekano in great slauery.
Idem eidem 2 March] very much to ye poynt aforesayd: describing the misery of or people when they come into Virginia. They end their day most miserably som [4] of them at their last cursing them most bitterly that sent them ou9, & p̱swading them of the plenty aforesd̴ wch they should find. For all this plenty the poore Tenantℯ would think themselues happy if they had but Butter & Cheese vppon Festiuall dayes.
I need not certifie in what nombers the Companyes Teñantℯ dye, the proffittℯ that come in to them may sufficiently testifie: Yet thus much vppon my knowledg of 56 Teñantℯ in one Company wher I was though not accounted one in one yeare & a halfe but 14 of thẽ left. Of 97 another Capt had wthin two yeares but xx left: Capt Nuce his people dying in such nombers that it is thought it was the breaking of his hart &c
of 56 but 14
of 97 but 20
The Lady Wyatt to her Sister Sandys 4 Ap. 1623] Deare Sister eare this you should haue heard from me, had not th'extremitie of sicknes till now hindered me. For or Shipp was so pesterd wth people & goodℯ that we were so full of infection that after a while we saw little but throwing folkes ouer boord: It pleased god to send me my helth till I came to shoare and 3 dayes after I fell sick but I thank god am well recouered Few els are left aliue that came in that Shipp: for here haue dyed the Husband, wife, children & seruantℯ: They tould me they sent the Shipp less pestered for me, but there neu9 came Shipp so full to Virginia as ours. I had not so much as my Cabin free to my selfe Our Capt seemed to be troubled at it, and layed all the fault on the two Mr Farrars and to make the people amendℯ dyed himselfe. Our Beare stunke so I could not endure the deck for it: This was or fortune at the Sea, and the land little better, for as well our people as our Cattle haue dyed, that we are all vndone, especially we that are new com̃ers, and except or Freindℯ help vs it will goe hard wth vs next Wynter, and who besidℯ yor selfe to send to, I know not: my Mother beeing so farr of that she could giue me none when I came away: Yors did me a great pleasure so did my Sisters: butter & Bacon wch if she talke of sending me a token, desire her from yor selfe it may be Butter & Cheese, for since th'Indyans & we fell out we dare not send a hunting but wth so many men as it is not worth their labour: pray whatsoeu9 you send, haue a Bill of Lading for it: If my Mother talke of sending me any thing lett it be Mault putt in very good Caskes it must not be ground: If I should take vpon me to thank you for yor loue to me when I was in England, I haue not left roome, or had I, I could not express my loue but in beeing
Richard Norwood to his Father Aprill 8. 1623: It was the first of Aprill before we came to Virginia, & we were halfe starued for want of Victualls: for we were kept wth stinking Beare & water: One po. of Bread & a quart of peace porridge was th'allowance for 5 men a day: wch caused 9 or 10 of or Passengers to leaue the Shipp and to stay in the West Indies §at St. Vincents§ and xx dyed and all sick except 3 or 4. But we came well to or Journeyes end where we find victualls scarce & deare a Hen 15s: a Hogg xli Meale xvli a hogshead: It was or fortune to meete wth the Abigaile &c
Price of victualls at St Vincents
Idem to Mr Marshall at the signe of ye Tobacco Rowle in Tower street. He relates the same p̱portion of dyett by Sea adding one pound of Biskett to 5 men a day: Also that in Virginia victualls are scarce & deare for a Hogshead of Meale 15li a Hogg xli and a Hen xvs Also that Paul Jones & Jo: Lyngwood are dead I think for want of sustenance.
Price of victualls
Samuel Sharp 24 M9ch §1622§: ]Ignet] To write of all crosses & miseries wch haue befallen vs at this tyme we are not able: The Lord hath crossed vs by stricking most of vs wth sicknes and death: Now it beeing full tyme to pre- pare for a Cropp and no man among vs able to sett forward any business I desired Sr George his ayde who entertayned George Paule but wthin 3 weekes he dyed &c. There hath ben much sicknes and death amongst yor people and it is generall in all places: The Lordℯ hand hath ben more heauie by sicknes & death then by the sword of or Enemyes God grant the cause may be found out and amended: Of the 7 men you sent in the Abigaile there is but two liuing.
Crosses sicknes & death
Sicknes hath gone thorough all and very few escaping and at this tyme we are a very weake Companye. Then he adds the names of all the men of note that haue dyed
a very weake Company
Edward Hill to §his Brother§ Mr Jo. Hill mercer in Lumbarstreet: dat' 14 Ap. 1623] Now for the state of this Contrey, There was the first Massacre killd of or English 400 and odd p̱sons: since at tymes there haue ben killd̴ XX and odd And in this last Massacre there was cutt off by th'Indians a Pinnace, a Shallopp, and a small Boate wth 26 men all in compleat Armour the 27 of M9ch 1623 So the truth is we lyue in the feare- fullest age that euer christians lyued in: And to speake the truth I stay to gett what I haue lost and then god willing I will leaue the Contrey: for this is the worst yeare here that eu9 I saw like to bee. We are all like to haue the greatest famine in the land that euer was: Now I protest I and myne are like to p̴ish: Corne is at xxx s. a bushell and not any scarce to be gott: Meale is at 12li a Hogshead, but there is none to be soulde, yet if I gett not 40 buz I am like to doe ill: yet I had not wanted proiusion but that we might not be suffered to plant as much Corne as we would: And indeed, we dare scarce stepp out of or dores neither for wood nor water the last yere The last yeare I had a very hard yeare of it by reason of th'Indians and I feare this wilbe as bad: I lost the last yeare as many Cattle as were worth a 100ɫi: yet if we saue but or liues god willing the next yeare I will see you &c
How many per- ished in ye seu- erall Massacres.
famyne extreame
they might not be sufferd to plant as much Corne as they would
Idem to his father in law Mr Richard Boyle in blackfryars: dat' from Elizabeth City vt supra] For my part I care not for any proffitt, indeed it is as much as we can doe to saue or liues A hogshead of Meale is here at xijli Corne is xxx s a bushell and but a little buz neither: I haue a great many people to keep and if I can but saue their liues I hope I doe not amiss.
Price of victuall §Corne§
Phoebus Can̄er to Mr Lawrence Ley m9cht] Gods heauie hand hath ben here a mongst vs for we haue had the sword, Famine and great mortalitye. [6] I beseech god to giue me life & health that I may this yeare end this trouble- some voyage. I am quite out of hart to liue in this land god send me well out of it: But my trust is in the Lord and in his appointed tyme I shall gett out of it.
sword §and§ famine
Thom̄s Best to his brother and Cosen 12 Ap] My Master and all his house- hold is like to be starued for want of Food be a meanes to send me 2 or 3 barrells of Meale and some Butter & Cheese &c for I am in great danger of staruinge. My Master Atkins hath sold me for a 150li ster9 like a damnd slaue as he is for vsing me so baselie.
staruinge
selling of men
Wylɫm Capps to Mr Jo: Farrar 31 March 1623] Right worthy Sr I according to my promise I now beginn to write vnto you in folio And thus first You would make all men to forsweare yor dealingℯ &c take a Coppy of this at large.
Wilɫm Rowlsley from James City 3 Ap. to his Brother] As you know this land hath felt the afflication of Warr, sense of sicknes and death of a great nomber of men, likewise among the Cattle for doggℯ haue eaten m this winter more flesh then the men: And he that had 40 hoggℯ about his house hath one or two: and a hundredth henns hath now 3 or 4: I haue about a 1000 wt of Tobacco owing me at this tyme but for p̳uision of victualls he that hath it keepes it and will part wth none for they all feare want: The Contrey is fullie determyned this Som̃er to sett mainly 1
Sic; but the letters are imperfect and the word may be intented for "mannly."
vpon th'Indians wch if it please God to prosp̱ we shall haue againe a plentifull Contrey; but in the meane tyme we shall want if or Frendℯ in England doe not stand to vs. If it be possible send me a Hoggeshead of Beife, & some Neates Tongues for here is not a bitt of flesh to be had at any Rate For the woodℯ are so dangerous we dare not goe abroad: And for tame Cattle there haue so many died and ben killd otherwayes that there is no more to be had: I bought me one Cowe at xviijli price &c I haue offered xs for a Hen and gone wthout. My wife and I haue the best Company and the best fare therefore we are contented we fare as well as any people in the land but my wife doth nothing but talke of gooing home.not a bitt of flesh no not at James City
a cow 18li Hen aboue 10
Henry Brigg to his Brother Thoms Brigg m9chant at ye Custome house key] My Master Atkins hath sould me & the rest of my Fellowes: If you remember he tould me that for my Diett the worst day in the weeke should be better then the Sonday, & also he swore vnto you that I should neu9 serue any man but himselfe: And also he tould vs that here they paled out their groundℯ from Deare & Hoggs But in stead of them we paled out or Enemyes and yet cañot keepe them of vs, but they kill vp or men continually & we goe continually in danger of or liues But to lett you understand how I liue it is very miserable, for here we haue but a wyne quart of Corne for a day and nothing els but Water, and worke hard from Suñ rising to Suñ sett at felling of Trees and we haue not victualls not past for xx dayes. I pray you send p̢uision for a yeare: And send me a Peice Powder & Shott for I goe in danger of my life euery day for lack of one: If you [7] please to venture any Com̃odities I will vndertake to make two for one cleare and pay all charges if it be Prouision as Meale, Oate- meale, Pease, butter, Cheese, Oyle, Vinigar or Aquauitoe: Or linnen Cloth or Woollen Cloth or Apparrell for men or women, Shoes & Stockingℯ, pointℯ, gloues, Garters, or kniues, or any such thing &c
nothing but a lit- tle bread and wa- ter
Sr Francis Wyatt to his Father 4 Ap: 1623] The Contract wth Capt Each is made voyd by his death all in the Shipp pretending vtter disabilitie to vndertake it and it seemes he did but coniecture hauing neu9 veiwed the place, wch is a Shoale of Oyster bankes, vnderneath loose and false ground, betweene that and the Shoare a Muskett may well shoote, so as I conceaue it wilbe of as good effect vpon the land where we know it may be done, the other (at least wth or meanes) was impossible, as if there had ben in the Shipp men of Skill sufficient, the great charge of the Shipp would haue eaten vs vp to the bone (being 160li a month) It pleased the Company to propose the fraight of the Shipp to be made by transport- ing 64,000 weight §pound§ of Tobacco at iijd. the po: 800li ster9. whereas intruth there was not made so much throughout the whole Colony And not less than 7 or 8 Shipps belonging to Planters or Hundredℯ or to such Aduenturers in Engɫ as were required to haue all fauor shewed them all wch must haue gone home emptie to their great discontentment & dis- couragemt of others if the Abigaile alone had ben freighted, not to speake of hindering all men from making their best m9ett wth speedie sending home. They proposed euery 5th man to be allotted for erecting the Fort, alleadging the consent of Southampton & Martyns Hundredℯ and other Aduenturers at home present at the Court not knowing that Martyns Hundred and Wariscoyacque are inforced (wthout itt) to draw in old Planters, or els were in no sort to maynteine their plantac̃ons so much hath this Sum̃er sicknes (renewed by the Shipps this Winter) weakened them: yet are we blamed if thingℯ be not executed iust as they proiect, of wch the Contrey is so iealous as the gathering of Sassafras (66 pound for euery labouring man) was as much repined at as if it had ben a matter tending to their vtter vndooing & not executed saue by some aboue Jams Cittie, the others resoluing to stand to the penaltie of ten poundℯ of Tobago for euery 100 hundred pound of Sassafras not gathered though indeed it was a very trifle not a dayes labour: As great a greiuance is this xx [th] man and must be peremptorilie compelld from the most: Such an Antipathy is there betweene theyr vast Com̃ands and or grumb- ling Obedience: They talke of an Army of 500 to issue out vpon th' Indians in all parts and after a ruñing Armye of 150 to vex them in all places: This ioyned wth the 5th man for the Fort would leaue some xx men to guard 40 Plantac̃ons, halfe a man to each counting any that were tolerable shott for a man I know what I say and to whom I speake it: I wish the Company would distinguish betweene those who desire to follow their Instructions exactlie where they disagree not too much wth our estate and condic̃on, and them who hauing done & suffered much here thinke themselues Emeritos milites and free from publiq̢ dutyes The truth is Those great workes and first in Order as Fortification Discouery of the Southsea and Mines and the like should haue ben done when all were Colony Seruantℯ and vnder absolute Com̃and but all that huge expence was meerly cast away, & all thingℯ left to vs as if we were to begin a new: Mingling [8] matters of honor and proffitt often ouerthrow both: They expect great retournes to pay the Companies Debts, and wthall great Proiectℯ that are meerly charge to be effected: For me I haue not a third part of my men to inable me to either, and Contrey bare wth the troubles of the last yeare, and the charge of guarding robbs a 4th of their proffitt: Besidℯ Godℯ hand hath layed heauie vppon vs for sicknes, and the diuilishnes of the Brewers for the Abigaile encreased itt: I often wish little Mr Farrar here, that to his zeale he would add knowledge of this Contrey: I haue made bould to trouble you wth thus much because if by occasion you be wth them you may p̱happs heare vs bitterlie censured and yor Authoritie may demand reason for it, wch I know they cañot giue wthout dissembling our Condicon and Nombers here: But to my power I will giue them satis- faction, pray God they be as carefull of my priuate & conscionable of their promises &c
The fort directed to be buylt im- possible
not 64000wt of Tobacco made last yeare
By this account not 700 men in ye Plantac̃on
Chr. Best to Mr Jo: Woodall 1 Aprill 1623] Hauing no p̢nt newse but that we doe want Corne & other good nourishmt for to support vs wthall [blank]. There is one Rousley a Surgeon that came ou9 in the James and brought ten men ou9 wth him to Virginia but all his seruants are dead. There are none but women in Captiuitie wth th'Indians for the men that they tooke they putt them to death: Many of yor yong Cattle are dead for there hath ben a generall mortalitie both of man & beast this yeare & the last: Two or 3 freemen that wanted flesh must needℯ goe into the woodℯ to kill a deere but in stead of the deere they shott yor Calfe, but they are confined to serue the Colony 7 yeares for it.
Wm Capps to Doctor Winston 1623] the whole copied out
[Endorsed:]
Notes taken out of the ɫres wch came from Virginia in the Abigail & were deɫ the Comrs in June 1623
Md̴ that Among them there were none found directed either
To the Counsell of or
To the Company of Virginia or
To my Lo: Southampton Thrẽar or
To Sr Edwyn Sandys or
To Mr Nicholas Farrar Depte of the Company.
[The hand writing throughout the memorandum and the endorsement is by Sir Nathaniel Rich.]
[Manchester Papers 339.]
An abstract of the L̃res receaued latest from Virginia conducing to the discouery of the true estat of the Colony in or about Aprill 1623
[There follow extracts from some only of the same letters as in Manchester Papers 338, arranged differently, and not at such length, with the following additional extracts:]
Mr George Sandys to Mr Wrott] It is not a small proporc̃on of Corne that will feed a man when that is his only sustenance: Had you no other prouisions in England p̱haps the land were too little to susteyne her Inhabitantℯ. 1
This is Manchester Papers 319: List of Records 427.
Corne theyr only sustenance
Mr George Sandys to his Brother Sr Miles Sandys] A hopefull begiñing we had in this Contrey, yet seconded wth all the Calamities wherewith god vseth to scourge a disobedient people, as murther, deadlie diseases, & scarcetie almost vnto famyne * * * And had not I hired in good tyme the sixth p̱te of a ship * * * hardly escaped the p̱ishing by famine. 2
Etc., etc. In extenso in Manchester Papers 321, List of Records 430.
Richard Frethorne to Mr Bateman] I am in a most miserable and pitifull case 3
This is Manchester Papers 317, List of Records 419.
Richard Frethorne to his Father 4
Extract from Manchester Papers 325, List of Records 455.
Holograph. From the text printed in the American Historical Review, XXVII, p. 510.
June 19, 1623
Right Honorable
I have understood from Sir Arthur Ingram of your Lordship's most noble favour towards me unto his Majestie in procuring my libertie to return to the cittie, both to the comfort and help of my distressed wife in hir health and for the ordering of my owne important busines, which so honorable favour, as I acknowledge with all due and possible thankfullnes, so shall I rest ever obliged to be answerable for the same, with the [torn] and faithfullest services that the meannes of my abilities may extend unto.
But my good Lord, give me leve (knoweing that in noble and generous natures, one favour or benefit dooth often draw on another) give me leve, I say, my good Lord, to renue unto your lordship my much elder suite, which it pleased your Lordship to entertain with much approbation, and to comfort me in it with your noble promise that your Lordship would be pleased to take tyme and oportunitie to restore me again thoroughly to his Majestie's gracious favour. Which suit I now tender again with all fervent duetie if your Lordship doo knowe, that ever since you were pleased to reintegrate me in your owne favour, I have applyed myself in all things to do his Majestie service according to your Lordships directions: and now promise so to continue to the best of my power.
I understood also from Sir Arthur Ingram, that your Lordship's pleasure was that at my return I should attend you. But understanding that your Lordship wilbe absent for some few dayes, I make bold to crave your Lordships fu[rther] pleasure therein for the tyme, either by Sir Arthur Ingram or otherwise as shall please your lordship. And so humbly take leve and rest
In all duetie at your Lordship's Command
Edwin Sandys.
19 June 1623
[Indorsed:] 19 June 1623. Sir Edwyn Sandes.
[Addressed:] To the Right Honorable my especiall good L. the Earl of
Middlesex, L. High Treasurer of England.
That th' elecc̃on of Officers for Virginia may be putt of to Wedsonday come fortnight, wch may haue a deriuatiue power from the Quarter Court for that purpose.
That it would please his Matie forthwth to thinke of some Comrs to be sent into Virginia, who may thoroughly examine and informe his Matie of the greiuances of the people and of the whole state of the Colonye: We shall find three or 4 able gentlemen that will goe vpon their owne charge if their seruice herein may be acceptable to his Matie and that the Shipp wch they shall goe in may bring home all the Tobacco th * * ish of the next Cropp att the Rate that heretofore hath ben vsuallie payed.
That if it fall out vppon the Certificate of the Comrs that who are now employed in th' examinac̃on of those businesses that the liues of his Maties Subiectℯ haue ben §heretofore§ negligentlie cast away and the cost & labour bestowed on that plantac̃on to hath prodduced nothing but des- perate miserie and §so§ that the whole worke is as good as in a manner wholie ou9throwne: That then the p̢nt Managers of the affaires of the Plantac̃on may be dismissed from eu9 further medling wth it: And if it shall please his Mate to publish some declarac̃on how he findℯ the p̢nt estate to be inten and graciouslie inuite all the old Aduenturers especially the mrchantℯ and Citizens of London to make a new subscription for restoring this Action: and that none shall haue voyce in the Court of but such as shall §co betweene this & Bartholmewtide nex§ vnderwrite xxli p̱ Añ for 4 yeares: It is conceaued that by this meanes a new the Action may be vpheld and all the p̢nt disorders reformed, especially if it shall please his Matie to restrayne the power of electing all Officers both for the Colony & the Company to the greater §maior§ p̱te of these new Aduenturers: And that a Coun if elect Counsell may.
That the Gouernor and other Principall Officers for the Som̄er Ilandℯ may be yearelie chosen out of some of the deepest Aduenturers, otherwise that Plantac̃on wch is almost brought to p̱fection will shortlie be brought to the same estate that the other of Virginia is: And therefore that his Matie be earnestly mooued to preuent it in tyme, wch must cheifelie be by this meanes for in these businesses experience shewes that men are more or lesse carefull and circumspect according to their p̱ticular Interests & Ingagements.
[Indorsed:] Proposic̃ons for resetling th' estate of Virginia deɫ my L. Thr̃er 23 June 1623
30 June 1623
Sr
His Matie prayes you in the verie head of yor busines, to giue the L̃re to the Prince Pallatine and the Articles, vnto the Spanish Ambass͠. And wthall to relate to both the Ambassaders the fauour he hath resolued vpon §for them§ in the Admiraltie busines, and when you are in theis discourses, that you inquire of the Ambassaders, what they thinke may bee the reason of this extreame delay of Killegrews cominge, or that there comes noe other Messinger.
His Matℯ further pleasure is, that at yor meeting wth the Lords, you doe lett them knowe, that his Matℯ desire to them and pleasure is, that they doe dilligently, and dayly attend the busines of Virginia, till it bee fully agreed, and concluded on And his Matie vpon this Subiect prayes you, and giues you authoritie to passe a little further. To deliuer his Matℯ Complaint of the Lords, that they doe soe much abandon the affaires of that Board by soe manie errands from hence. By wch absence of the most notable p̱sons, and Councellers, the causes doe not only want the dignitie, and power of their p̢sence, but are ofentimes suspended and the others discouraged for proceeding in them. The reformac̃on of wch his Matie [2] wills you to presse as a singular pleasure to him
His Matie recomends alsoe to yor iudicious handling, the intimac̃on to the Marchants of the serious, and grievous Complaints the Ambassaders of Spaine haue made to you, and otherwise, of the great Wrongs, and spoiles, made by them, to their infinite enriching; at Armuce. Theis complaints are new, and pressed hard, the issue of wch must bee attended, and can doe noe hurt if men bee well Warned. This is all I haue in charge, only I recamend to you the service of
Yrs
June 30 1623
Mr. Se: Caluertt
[Indorsed:] June. 30. 1623. Mr. Se: Caluertt. Sent by Penneale a
Messinger.
[The cover has been used for the following draft, which, according to the
Calendar, was addressed to Sir Dudley Carleton.
1
This letter does not seem to have anything to do with the letter from Secretary Conway.
] Right honoble. His Matie havinge ben informed of the extremitie of Mr Throckmortons case who married a Dutch gentlewoman, the to whom doth descend a verie good Estate and that her freinds vnder the p̢text of vnmanerlines, or vnlawfullnes seeke by all meanes to pursue the person of Mr Throckmorton, and to detaine his goods.
3 July 1623
Right honorable
I haue receaued Comandemt from his Matie to signifie his pleasure, that you invite the Lords, and add yor owne Wisedome, and industrie to it, to sifte out, by strict examinac̃on, whether the Virginia Companie were soe bound by their Lawes, and Instrucc̃ons of their Comission, as that they could not putt off th * * * 1
Torn.
in forme as was required by his Matℯ. L̃re or wheth * * * that puttinge off as they haue donn, were not the p̢text to colour a Wilfull breach of his Matℯ Comandemt. Further his Matℯ pleasure is, that you giue order to Mr Attorney generall, by a iudicious inspecc̃on into the foundac̃on and Limitac̃ons of the Comission, and their carriage and behauiour in it, to enquire whether in like extremitie that they vse to his Matie their Comission bee not voyd. This is all I haue in charge: that wch I haue in [a]ffecc̃on is to honor, and serve you in the wch condic̃on I am vowed.
Yor Lps.
[Unsigned]
July 3 1623
[Indorsed:] July 3 1623 Lo: Treasurer Sent by Gogh the messinger
[The order of the Privy Council respecting relief of famine, July 4, 1623, is printed in Acts of the Privy Council, Colonial, I, pp. 65–66.]
See Document No. CCCLXXXI.
Wee whose names herevnder followe will aduenture the seuerall sommes by vs herevnder wryten in victuall and necessarie prouisions of Apparrell and for the supplie and reliefe of the Collonie in Virginia and our particular friends there which supplies and p̳uisions we purpose to send this present Summer 1623
I Richard Steuens [?] will aduenture and carry wth mee to Virginia p̢uisions of victualls and apparrell to the value of three hundreth pounds | 300li |
p̱ me Rich ffrephens [?] | |
I Richard Tatem will aduenture in Cheese and fishing nets the summe of thirty pound starling: p̱ me Rich: Tatem | 030li |
I John Hart will aduenture in butter Cheese and apparrell to the summe of fyfty pounds sterling | 050li |
p̱ me John Harte | |
I Willyam ffellgate will aduenture in meale Peasse butter and other Commodities the sum̃e of fifty pounds | 050li |
p̱ me William ffellgate | |
I John Cuffe will aduenture in victualls apparrell etc, vnto Virginia to the value of threescore pounds | 060li |
By me John Cuff | |
I John Godson will aduenture in victuall apparrel and vnto the Virginia Companie to the value of fourscore pounds p̱ me Robert Godson | 080li |
I Morris Tompson and Companie will aduenture to Virginia in victuall apparrell and other necessaries this sum̃er to the value of | 070li |
p̱ me Maurice Tompson | |
I Edmond Hacket will aduenture in victualls apparrell and other necessaries the summe of | 060li |
[2] I James Carter will aduenture in victuals apparrell and other neces- saries to Virg: the summe of | 060li |
James Carter | |
I Rowland Trewloue and Companie will aduenture in victuall apparrell and other necessaries to Virginia to the summe of * * * | 400li |
Rowland Trewloue | |
I John P§r§or§c§ter will aduenture in victuall and [and] other neces- saries the summe of | 050li |
John P§r§or§c§ter | |
I John Smyth will supply my seruants now liuing in Virginia in Berckley hundreth and such others as this next August I sende ouer to encrease them to the summe (at least) of * * * | 100li |
I Willyam Ewen will supply my people now liuing in Virginia with victuall apparrell and other necessaries to the summe of | 100li |
By me Willyam Ewen | |
I Mandeuill Marmaduke Reyner will supply my people now liuing in Virg: with victuall apparrell and other necessaries to the summe of * * | 50li |
Marmaduke Reyner | |
I Robert Edwards for my selfe and John Blande will God permitting send this summer for supply of apparrell and victual the summe of * * * | 100li |
Mr George Scot Mr Gabriell Barber Mr Copelande and Mr [Conwell] promises and vndertake to send surplus to Martin hundreth the the summe of | 100li |
I will aduenture for victualls and necessarie prouisions for my freinds in Virginia | 20li |
I will aduenture in victuall and apparrell God permitting for the supplie of the Collonie this summer the summe of * * * | 100li |
p̱ me James Gibbenes | |
[3] I will aduenture
1 Repeated nine times with spaces to be filled in. |
[Indorsed:] July 1623. The names of those that aduenture to Virginia
See Document No. CCCLXXXI.
The fourth of July Anno dñi 1623
Wee whose names are here vnderwritten, doe hereby promise and bynde our selves to pay in these severall Summes by vs vnderwritten, wthin ten dayes, vnto Mr Richard Caswell͠, being chosen Treasurer for this present Magazine, which mony shalbe expended and laide out in such necessary Prouisions, as shalbe best for the Colonie: and shall be brought and pro- uided by such as wee shall appointe Com̃ittee therefore. * * *
The Accompt shalbe Audited within foureteene dayes after the sending away of the Goods and at ye returne everie Man shall proportionable to his Aduenture receiue of the proffit * * *
I will Aduenture
2 The document is in the nature of a form. Most of the names are in the copyist's handwriting. Those between § § are inserted by the copyist; those between ∥ ∥ are in another hand. |
||
I will Aduenture | ||
I will Aduenture | ||
I will Aduenture | ||
I will Aduenture one hundred pounds | Ri: Dorset | 100li |
I will Aduenture one hundred pownds | W. Cauendish | 100[li] |
I will Aduenture | ||
I will Aduenture | ||
I will Aduenture | ||
I will Aduenture 77 pownds. | §Ed: Sackeuill§ | 77li |
I will Aduenture forty pounds | §Edwin Sandis§ | 40 |
I will Aduenture forty pownds | §Robert Killigrew§ | 40 |
I will Aduenture twenty pounds | §Ri: Tomlins§ | 20 |
I will Aduenture | ||
I will Aduenture | ||
I will Aduenture one hundred pounds Joh Ferrar & x x x x x x x x x x x x x x x x x | Nic: Ferrar | 100li |
I will Aduenture one hundred pownds | ∥Gabriel Barbor∥ | 100 |
I will Aduenture twenty pounds. | Anto: Wyther | 20 |
I will Aduenture twenty pounds. | Will͠m Caswell | 20 |
I will Aduenture thirty pounds. | Tho: Viner | 30 |
I will Aduenture twenty pounds. | Ri: Boynam | 20 |
I will Aduenture twenty pounds. | Ri: Widows | 20 |
[2] I will Aduenture thirtie pounds. | Ri: Stephens | 30li |
I will Aduenture more ten pownds | §Tho: Viner§ | 10 |
[Indorsed:] 4° July 1623. The names of such as haue vnderwritten to aduenture for a speedie supply of Prouisions for ye Colonie in Virginia: & the seuerall som̃es (wch they promise to pay) menc̃oned.
Sr
I am gladd to heere by yow that his Maty accepts so well of my Lords paines in sitting and my accompt of theyre proceedings.
That wch I perceaue his Maty would haue tryed out concerninge the deferring theyre election to a quarter Court and not for a fortnights tyme as his Matyes Letter Directed. Wee haue bene dilligent to finde out But per- ceaue they haue they haue good color to excuse contempt because theyre last Chr̃e limites the choise of theyre principall officers to be at a quarter Courtes Wee are not yet gon so farr wth them as to know how they will be able or willing to putt in execution those Rules for better government that His Maty shall think good to sett them. only vppon ffriday last wee took theyre answer what they would presently Do for the Releeving of the poore Soules in Virginia wch as a Company that Ruled over them vnder his Maty they were tyed to do These two thinges they propounded. that they hadd alreddy vnderwritten for the som̃ of Seven hundred poundes wch shall be Layed out in meale and sent thither presently. Secondly for the Supplye of particular hundreds and private persons in Virginia there is an other Role vnderwritten of eighteene hundreth poundes wch shall be collected and sent wth speede. also they allege that from Vlussing they haue sent good store of provisions of butter and cheese scent May Last. Neverthelese to all this my LL͠ thought fitt to add a thirde course that there shold be a present A common and generall Contribut̃on made made by all those of the Company who are any waye interessed in the business for wch purpose all the names of the adventurers Sharers and others of the Com- pany shall on Monday next geve in theyre names to my LL͠ of the Councell͠ and every on shall contribute to the present Releef according to the adven- ture or Share they haue and what more they Liste. I Did not think to haue founde them so forwarde in yealding to this but it cam of willingly from them. wch makes me think they are willinge to holde theyre Gouer- ment. that are so Reddy in theyre Contributions. They haue also yealded to Restore Mr Wroth to be againe of the Company and Councell as he was The pointes of misgoverment on both sides is formaly prosecuted before the Commissioners. This yow may please to let his Maty know and what wee do on Monday yow shall hereafter heere
Whitehall[5] 1
The date is a little doubtful; it has been altered, apparently from '3'.
July 1623And so I Rest yor assured
H. Mandeville [Addressed:] To the right Honorabɫ Mr Secretary Conway geve these at Court [Indorsed:] July 5 1623 Lo: President: Concerning the business of the Virginia Companie
To all to whom these p̢sentℯ shall come, I Sr Francis Wyatt Kt Governor and Capt generall of Virginia, sendeth greeting in or Lord God everlastinge. Whereas there is no meanes so probable to worke the ruine, and destrucc̃on of or Salvage & treacherous enemies, as cutting downe theire Corne in the fitt season, seeing they haue so many lurkeing places to escape the execuc̃on of the Sword by flight: Out of the assured confidence I conceaue of the valor and circumspection of my trustie, and welbeloved frend, Capt William Peirce, I haue made choise of him, And hereby do Comand & authorise him to choose both out of the Plantationℯ of the other side the River oposite against James Cittie, and the Corporation thereof, such and so many as he in his discretion shall think fittest for service, and a Competent number to p̱forme it (leaving the Plantationℯ in the meane while able to subsist and defend themselues against the enemy) together wth theire Armes and Munition, and such Shallopℯ (belonging to any of theire Plantationℯ) as he shall think necessarie: And so provided to go vp Chicko- huomini Riur to the Plantationℯ of the Salvages there, or to any other places adioyning (where conveniently they may) and to pursue the Sal- vages wth fire and Sword, especially to employ himself & his Company in cutting down and destroying theire Corne, And the better to enable the said Capt Will͠m Peirce, to manage this acc̃on, I do hereby giue him full power and authority to punish all such of his Company as shall offend either in neglect of wach and ward, or generally in not obeyinge the Com̃and of the said Capt Will͠m Peirce, wth all the punishmentℯ (life only exepted) wch are vsuall in services of that nature and necessarie for vpholding the discipline of warr: Straightly chargeing and Comanding as well the Comanders of the aboue said Plantationℯ, to be aiding and assistinge to the said Capt Will͠m Pierce, in the levy of such men, as he shall choose, if any (wch we doubt not) shall refuse so generall and necessarie a service;
Francis Wyatt. The like Comission (mutatis mutandis) was graunted to Capt Samuell Mathews to go vppon the Tanx Powhatans. To Capt Nath: West vppon the Apomatacks, and Tanx Weyonaques. To Capt Will͠m Tucker vppon the Nansamums, & Wariscoyacks. All wch fell vppon them on the same day namely the 23th of July 1623. A week after Capt Isack Maddison marched against the Great Weyonaques and Capt Tucker the second time to Nansamum.
[The order of the Privy Council for pay to officers attending the commission- ers, July 19, 1623, is printed in Acts of the Privy Council, Colonial, I, p. 67.]
[The order of the Privy Council appointing Lords Grandison, Carew, and Chichester to frame a new government for Virginia, July 22, 1623, is printed in Acts of the Privy Council, Colonial, I, p. 67.]
Wheras there was presented to the Right Honoble the Lords of his Maties most Honorable priuie Counsell vppon the fourth of July last past Two Rolls of Vnderwritinge 1
See Documents, Nos. CCCLXXVII, CCCLXXVIII.
by those of the vnyted body of the Company for Supply of the Colony, these proceedings have been therein—The first Roll was by particular Hundreds and persouns sendinge or carryinge Goods to their frendℯ and for a generall Supply of the Country for | Li s. d. 1800:00:0 |
The Second was to be sent by way of Joynt Stocke in Meale | 0700:00:0 |
Concerninge the ffirste the Aduenturers of the Societie of Trueloue haue sett forth a Shipp of about 45 Tunn wch departed the 17th of this p̢sent monneth carryinge wth her aboue the quantitie of one hundred hogs- heads of provision of Victuall and other necessaries for the Supply of ye Colony The Provisions of the Shipp not beinge accompted herein— These provisions thus sent for the Colony wch are gone allredie amount to aboue | 0500:00:0 |
The George a Ship of 180 Tunn hath Receaued and taken in to the quantitie of Two hundred fortie one hogsheads of Victuall and other necessary Provisions shipped by divers pryvate Aduenturers for Sup- ply of the Colony (neither the Ships provisions nor that of the Pas- sengers being accompted therin) wch if itt be the full som̃e that they vnderwritt amountℯ to aboue—1300li: butt cannot be less than | 1000:00:0 |
And this Shipp on Monday next falleth downe to Grauesend— Soe vppon this first Roll theris all redy sent and Shipped instantlie to goe of Victuall and other necessary Provisiouns att least | 15001:0:0 |
Concerninge the Second Role of 0700:0:0 | |
Theris shipt in the fformer Shipp ye George vppõ that vnderwritinge aboue two hundred pounds worth of Meale | 0200:00:00 |
And theris shipped allredie in the Hopewell a Shipp of 50 Tunn neer vppon Two hundred pounds worthe more the rest is in providinge and soe redie that wee hope wth in less then 14 daies att the farthest to dispatch her away wth the full remaynder amounting to | 0500:00:0 |
[2] And farther wheras the Maister of the George is not able to take in all the Goods of pryvate men yt are ready to be sent butt hath refused as hee affirmeth aboue 30 Tunn wch is 120 h̴heads | |
Theris an other Ship entertayned called the Marmaduke of 80 Tunn wch wilbe readie to Lade on Monday next and wee doubt not will be quicklie filled soe that the vnderwriting will be p̱formed wth a verie greate ouer plus | |
Theris likewise an other Ship called the Jacob wherein diverse provissons are intended to be sent | |
And farther wee haue Receaued advise that from Canada ther departed this last monneth a Ship called the ffurtherance wth aboue ffortie thousand of that ffish wch is little inferrior to Lyng for the Supply of the Colony in Virginia and that ffish is not lesse worth then | 0600:00:0 |
These supplies are thus sent since that time butt since Aprill when the last letters were thence written, ther went from Flushinge a Ship called the William and John wich carryed in Victuall to the value of | 0500:00:00 |
Wch Ship wee hope is allredie arived there | |
The Godsguifte likewise wch departed the begininge of Jvne carried aboue 46 hogsheads of Pease §meale§ and Meale Oatemeale |
Sr. I have geven order to enlardge my Lord Say his restraint vnto twenty miles from his house accordinge to his Matys pleasure by you signifyed For the virginia busines That nomber wch count themselves the Company ar required to send there releess presently and to geve vpp an Accoampt what ar the provisions that they do send that it may appeare to be a fitt proportion for theyre necessyties. Also Mr Attorney is requyred to look into all theyre former patents and what is retorned by the last Commission that his Maty may vppon iust groundes determine the former and past and other as his Maty shall think fitt. And for preparation to a new and better forme of Goverment, I have delivered to my Lord Grandison my Lord Carew and my Lord Rochester the three Lords appointed by his Maty All those notes and directions geven by his Maty, the rules sett downe by my Lords of the Counsell for strengtheninge and governinge of that place and the retorne that the Commissioners lately made, by wch they may frame and advise fitt to be presented to his Maty
The next Day after his Maty went from London wee sent for my Lord of Rutland and took order for refunding the Shipping wth any §thing§ that was lackinge and to hasten them vppon theyr viadge to the port of St Andero as was appointed
Wee also have sett downe those that ar to visit all the ffortes and Castells vppon the Sea Costs wch ar, Sr Richd Maurisson, Sr John Ogle, Sr John Keyes and one that is a good ingenyer and they have theyre Instructions.
We have also geven dispatch to the causes of Ireland that have bene reported from those Commissioners. The Lady Shreusbury is now sutor fr the liberty his Maty gave her long ago to remayne in the Bishop of Bathes house at Wells and there is order geven for yt.
All other remaynes of bussinesses hade theyre dispatches on wedensday last. now most of my Lords ar parted so wee hold no more fytting dayes for Counsell every on being content to refresh themselues a while, and I amongst the rest wilbe gladd to see and be in my country cottadge fr a week or two. Thus begging the favor that you will present my humblest service to his Maty I rest alwayes
Yor Honours [illegible]
to serve you
H. Mandeville
Totridg, 28 July 1623
[Addressed:] To the right Honorbl my very good freend Mr Secretary
Conway * * at * *
[Indorsed:] Julii 28, 1623. Lo: President. Concerninge the enlarging of
the Liberties of the Lo: Say, and the La: Shrewsburie. Direccons given
in the Virginia busines; that of Ireland and the ffleete. Comittees to visit
the ffortes. The Lords despersed.
May it please yor most excellent Matie
Wee received a significacion of yor Maties pleasure from the lords of your most honorable privy counsell touching two poyntℯ which concerne the Virginia company.
The one that wee should take knowledg from them what hath bene done by them for the relief of the present distres of yor subiectℯ in Virginia according to the proposicions and offers made by them att the Counsell board and withall to signifie to them that they were speedily to p̱form the same att theyr p̱ill
The other to take into our consideracions the sevrall letters patentℯ granted to that company and the reportℯ concerning the same lately made by yor Maiesties Commissionrs and therevpon certifie our opinions to yor Matie concerning the Resuming of that govrnmẽt.
ffor the first wee sent for the deputy and three or fower others of the com- pany whom wee acquainted wth yor Maties pleasure and within two or three daies after wee received from themselves a particular account in writing which wee humbly send to yor Matie herevnto annexed.
ffor the other wee have diligently p̱vsed the severall lrẽs patentℯ and advisedly comparing them and the sevrall clauses of them together and wth the certificates of the commissioners wee conceave that for the apparent abuses and miscariage in the plantation and government and for some defectℯ also in the patentℯ themselves yor Matie if yow so please may iustly resume that govrnment and order and dispose of it in such other manner as in yor wisedome yow shall fynd best for the good of the plantation.
But for the manner because the resuming of theyr privilegℯ in a legall course must be the worke of tyme and the distresse of yor Maties subiectℯ in that colony (as seemeth by the com̃issionrs certificates) doth necessarily require more expedicion wee humbly offer it to yor Maties iudgment whether yow will not think it fitt in a case of this nature according to the prsident in the case of the marchant adventurers by yor Maties royall proclamacion to command the forbearans of the execucion of those lres patentℯ and of the authority thereby given and com̃itted vnto them And that then if the company shall [2] not vpon consideraciõ of theyr owne weaknes voluntarily yeld vp theyr privelegℯ there may be a legall p̳ceeding against them for calling in the same.
But seeing it is yor good pleasure not to avoyd the private interestℯ of any of yor subiectℯ which have bene adventurers either in parson or purse wee conceive and humbly offer it also to yor Maties iudgment that for avoyding the inconveniens which may ensue by suspension of the present governmẽt vntill a better be resolved on it wilbe fitt that yor Maiestie first determin of that way which yow shall think best to establish for the government of that colony before yow publish yor intention by proclamacion or otherwise and then att the same instant yor subiectℯ may have knowledg both of the necessity of this alteracion and of yor grace to the adventurers in settling and vpholding theyr private interestℯ All wch wee do most humbly submitt to yor owne good pleasure and princely directions
Yor Maties most humble servantℯ
Thomas Coventrye
Ro. Heath
31 July 1623
I
A note of Victuall and other Prouisions shipped and sent for reliefe of ye Colony in the good Shipp the George, wch is on Monday next to goe downe to Grauesend. These Prouisions are sent by priuate Aduenturers, and the Quantitie of them rated by the Owners & Master is as followeth. (viztt)
Tun. | HHeads | |
Imprimis Mr Cheasley sendeth prouisions | 1 ½ | 06 |
Mr Edmond Hackett sendeth | 2 | 08 |
Mr Perry sendeth | 2 ⅓ | 09 |
Mr Prickard sendeth | 3 ¾ | 15 |
Mr ffelgate & Mr Tatam sendeth | 4 ¼ | 29 |
Morrice Thompson sendeth | 1 ¾ | 05 |
Mr Rich: Stevens sendeth | 5 ¼ | 21 |
Mr George Swinhowe sendeth | ½ | 02 |
Mr James Gibbens sendeth | 7 ¾ | 29 |
Mr White sendeth | 2 ½ | 09 |
Mr Covell sendeth p̳visions of Meale, Butter, Cheese & other p̳visions soe much as is | 7 | 28 |
Mr Wentworth sendeth | 4 | 16 |
Mr Nicholls sendeth | 3 | 12 |
Mr Edmond Barker | 2 ¾ | 11 |
Mrs Douse | 2 ¼ | 09 |
Mr Pierce | 02 | |
Mr John Pollington | 2 | 08 |
Mr Wm Ewens sendeth | 5 | 20 |
So ye Prouisions sent by priuate Men come to | 241 |
As for ye Planters & Passengers they are not counted in this nomber, carrying besides Large provisions for themselues & ye people they carry wth them.
There likewise goeth in this Shipp ye George for the Account of ye Maga- zine for Meale to the value of neere 200li
[Indorsed:] The supplies of Priuate Men to Virginia in the George and Truloue 23d July 1623 Report of Mr Attorney and Mr Sollicitor
II
The Adventurers of ye Society of Truloue did send by way of Joint Stock to the value of | li s. d. 176:00:00 | |
Diuers private Members likewise of that Society did send in that Shipp to ye value of | 200:00:00 | |
li | ||
The Master carried to ye value of | 60 | |
Mr Dodson &c to ye value of | 80 | 140:00:00 |
536:00:00 |
August 1623. A° RRℯ Jacobi 21° & 57°
A Protecc̃on for one whole yeare graunted to John Bragrave esqr and his Suerties im̃ediatly after the expirac̃on of a former granted him for six moneths now almost expired. By order from the lords of the privy Councell. Procur9 by Mr Secretary Conwey | 6s. | 8d. |
Bargrave Pro- tecc̃on
Answere to the propositions made by the Right Honorable the Lord Chichester for the benefitt of the better setling of the plantation in Virginia.
[3] Answ
[Touching the direcc̃ons giuen by his Matie concerning the Plantac̃on in Virginia
This paragraph and the two lines previous, canceled in the document by lines drawn across.
Amongst diuerse other rules orders & Instructions for the good of the people it may please his Matie to direct that in regard the people are exceed- ing poore & miserable & brought into §much of§ it by reason of extortion and oppression §by§ taking aduantage of their necessities to sell them prouisions at excessiue Rates That they may be forborne the paymt of their debts for this yeare that so whatsoeuer proffitt they can rayse this yeare may be wholie conuerted for the feeding & clothing of them els they are like vtterlie to p̱ish
The nomber of Counsellors here wch his Matie designes to be but 13 in all, is feared will prooue to be too few as experience shewed in the begiñing of the Plantac̃on but if it please his Mate to make them vp 23 wch §25§ it is thought it wilbe a most competent nomber: And that euery two yeare onlie six of the this nomber be not encreased nor altered ex they may be contynued and altered at the Kingℯ owne will and pleasure wthout limitac̃on of tyme:
It is most requisite (if so it seeme good to his Mate) that a Com̃ission be sent forthwth to discouer the true estate of the plantac̃on §as for other Reasons so§ That so it may be discerned what effects this new settle- ment will produce: otherwise men wilbe discouraged to deale in it, when what euer euent proou §if the§ when if it prooue well it wilbe ascribed to the gre former gov groundℯ layed in the form9 gouermt: And if it doe not succeed then the blame likewise will in the redound to these that shall manage the business: Whereas if once it appeare euidently that the p̢nt estate thereof is desperat9 His Mate will receiue much honor by setting reuiuing of it And those that §shall§ take paynes therein shalbe freed of vniust Imputations wch by the clamarous multitude are like otherwise to be layed vppon them.
After or very hartie Comendations
Our last vnto you were by the Bonny Bess, by wch Shipp also the Lordℯ of his Matℯ most Honobl Privy Counsell writt vnto you, both wch we hope you haue long ere this received; yet of or owne letters we heare inclosed send you the Copies: Touching the Comission we haue nothing to writt the proceedingℯ therein not haueing yet come to any conclusion that we know of, wherefore as til then we must be silent, so we hartely pray you in the meane time not to be moved wth any vncertain or partiall rumors wch yo shall heare, but to go on wth vnity, courage and constancie, in that great worke comitted vnto you; to the advancement whereof (we doubt not but) this Comission will in the end much conduce, according to the Royall intention of his Matie declared in the Instituc̃on thereof; vppon wch we are confident and so desire that you rest, being assured (wch by many admirable examples we haue found) that as this enterprise of the Plan- tac̃on, hath beene cheefly in or intenc̃ons, so it is in the acceptac̃on of God, a work especially destined for his honor and service, and therefore shall in the end prosper and come to p̱fecc̃on; In the hope whereof and the testi- mony of or owne consciences, to haue wth all sincerity of intenc̃on and indeavors p̱formed the vttermost of or abilities, we are much comforted amidℯ those sorows wth wch we are deeply touched, vppon consideration of the mortallity scarcitie & discomfortablenes, wch we vndrstand to be amongst you; for the first, and last, we can giue no other helpe then or humblest prayers to the devine Matie, nor other Counsell, then that wth true repentance and p̱fect amendment of life, you labor to apease the wrath of God, that burneth so fiercely: But for relief of the scarscity and great wantℯ wch by some private mens letters, sent home in the Abigall, was expressed to be in the highest degree of extremity: as soone as we had notice thereof from the Lordℯ of the Privy Counsell, although we were verie confident that err the supply could ariue from hence, you would be abundantly stored by a plentifull harvest, yet for the declaration of or tendr care and zeale for you, whereof not only the Lordℯ, but his Matie him- self (as we from them vndrstood) was in his Princely mind much solicitous; we procured an vndrwriteing of 7001 to be sent in Meal by way of a Maga- zine; as for all other Comodities we found by the vndrtakeing of private p̱sons, you would be supplied even to sup̱fluity: of this supply of Meale, there goeth along in this Shipp the George about 40 hogsheadℯ the rest imediatly follow in the Hopwell and Marmaduke, wth mr John Hart whom the Adventurers send ouer the Cape-Marchant thereof; but if the George ariue before his comeinge they intreat mr Blany to take care thereof vntill mr Harts arivall, and in case mr Hart should miscarie, they do consigne both this and the rest of the Meale that shall followe, to mr Blany, to be by him sould to theire best profitt, and the proceed thereof, together wth the account to be returned vnto them by the first. Two great difficulties we found in compassinge this kind of supply: the first a com̃on hope, that the plenty of the New harvest, whereof through yor promises there was raised a generall confidence, would make it needles; the other, the extreme high rate that good corne doth here at p̢sent beare, wch though it should come opportunely, would make it vnwelcome; yet hath the zeale of yor welfare, and feare of leaving you to any doubtfull extreamity, overcome all private interest, in the mindℯ of these noble and worthie Adventurers; wch as we wth much thankfullnes for yor sakes here acknowledg, so we think you bound wth all gratfullnes to accept, and to show and yeeld not only all due Justice, but all possible favor, vnto theire factors that a speedy and profitable returne of these Adventurers may be made them. Wee here inclosed send you the Roll of Subscription, esteeming the names themselues will effectually p̱swade you, and the whole Colony, to conceaue of theire mindℯ as * * * and to endeavor theire iust desires, as we wish, by a full retribution: we haue * * * accompt of what it standℯ in p̱ bushell, to be sent you, wch we desire you to make knowne to the Colony, and wth all that Tobacco doth not here cleare one wth another xxd. a pound, nor any likelyhood that it will mend in prize; wherefore we pray you first to sattisfie yor owne mindℯ, and then others, that by theire true valuation of Comodities, we here may be freed from those vniust and most vndeserved taxac̃ons of oppression, wth wch we are scandalized, of selling Meale in Virginia at thirty shillingℯ p̱ bushell, because for xli of tobacco, when as truly by account offred vnto vs vppon oath, we are certaine that the Meale sent the last yeare stood in aboue 12s p̱ bushell, and the 1500 waight of Tobacco returned hither vppon that accompt by mr Blany is at this p̢sent offered to be sould for 3s the pound, when the Custome, fraight & other charges, together wth the wast, being deducted, there will not remaine at the most aboue 18d pɫ: so that the greatest gaine that can be hoped is 25 p̱ Centũ, a gaine to high indeed in a certaine and orderly kind of trade; but this is accompanied both by Sea and land wth so many hazardℯ, and is spunn out to such a length of time before the Store be returned, that none here wilbe p̱swaded to adventure vppon those tearmes, in whom the desire of yor good, is not more strong then of theire owne profitt.
As for the last yeares Magazine by how much the paine and loue in procur- inge was more extraordinary and the losse that hapned in the Sum̃er Ileandℯ the greater, by so much the more do we earnestly intreat yor assistance and favor to mr Blany if he shall need it, for the recovery of the debtℯ vppon that Magazine. wth the same care we recomend likewise vnto you that former Magazine sent in the Warwick, wch being of neare 20001 and two yeares time now past, there hath been by mr Blany returned not 2000 waight: wee are moved thus p̱ticulerly to recomend these bussinesses, considering, that although the interest be of private men, yet the conse- quence is of most publique good, or evill, to the Colony: Besides in these two there is due from you Sr Francis Wyatt, and you mr George Sandis a p̱ticuler and especiall care, in regard that as vppon yor faith and security, the last yeares Magazine was sent; so the first that went along wth you, was in the greatest part adventured vppon confidence that yor sup̱intendent care should not be wanting to cause a due and profitable returne; wherefore in the Adventurers names we very especially recomend them vnto you. And although they do no way suspect the integritie of mr Blany, yet being much, and iustly as we conceaue offended that he hath not at least sent home the accountℯ, wch by how much the returnes were the slacker and poorer ought to haue beene don the more exactly & fully they haue besought vs to desire you to require of him a p̱fect account, of what he hath sold, what he hath remaninge, and what Tobacco or debtℯ are in his hand due vnto them vppon these accountℯ, wch accomptℯ they desire may be deliured vnto mr John Hart, who is to return wth them, and the goodℯ themselues, wth the first opportunity: but of these thingℯ theire private instrucc̃ons and Comissions will further advise you; we haue desended to this p̱ticuler at theire instant request, in regard that they suppose that this or publique recom̃endac̃on wilbe a warrant vnto you, wth lesse offence, for p̱formance of strict iustice where it shalbe needfull in the recoverie of debtℯ: and on mr Blany it imposeth a necessitie not to spare any since if he would he cannot; wch conduceing so much to the end wch he faithfully promised the benefitt of the Aduentures, we conceaue he cannot but be gladd of; and we haue willingly therefore thus donn; besides as it is or desire, so it is the Aduen- tures offer that both theire accountℯ in Virginia and here, should be opne and knowne of all, that ye fairnes and sincerity of theire Intenc̃ions might be evident by the smalnes of the gaine they proposed vnto themselues, and the constancie of theire loue in the continuance of Supplies after so many and great losses.
The Adventurers that sent the Maidℯ desire likewise or recomendac̃on of the bussines vnto mr Pountis, from whom they hope the full return this yeare, wch we earnestly desire, that it may in the same, or some other profitable maner he readventured. The ffurr-Adventurers by the wick- ednes of the Captaine and Mariners is quite ourthrowne; wherefore we desire the Addition of yor care, in the Glass, and Shippwrightℯ, that thereby some p̱te of amendℯ may be made if possible; for the last it was the most costly and chargeable that we ever vndrtook and therefore, we most especially recomend it vnto you all, and in p̱ticuler vnto mr George Sandis. And whereas mr John Ferrar besides his large Adventure therein is engaged 2001, therevppon we cannot but add or publique request vnto you, since both his mind and the benefitt it self were so publique, that the proceed of theire labors wch we cannot thinke but to be good (howsoeuer much empaired by the losse of so many principall men) may be carefully collected and returned to him by the first.
This, and the rest of these bussinesses, we haue thus p̱ticulerly and largly touched now, not that we doubt yor best endeavors of iustice, care, and favors, would haue beene otherwise wanting, haueinge beene so often for- merly recomended vnto you, and in theire owne nature deserving it so much: but that we think it or dutie wth as much care to solicitt the retri- bution from you, as we did wth desire importune the Adventurrs from hence for you.
The advancement of Staple Comodities, we haue so often and so largely written of, that we haue now nothing to add, but that exept there be some speedy p̱formance, by the settinge vpp of some better Comoditie then Tobacco, neither can we hope for the encrease of the Plantation, nor may you there already expect subsistance, so vilde will the prise of that weed be vppon the great gluttℯ of the next yeare, wch as we assure or selues will bring in foure times the quantities, will likewise abate aboue half the prise.
The Vines and Silk are in yor owne powers powers to effect, and we hope a good entrie hath beene made into them, according to yor promise, whereof if we may see some [29] fruite as we hope to do this returne, it wilbe a grreat repaire not only to ors and yor credi[tt] but to the honor of the Plantation, wch hath much suffered in the long delay of these so p̱mised workℯ, that not only the Maligners of this Plantation, but even diurs frendℯ and well willers therevnto seeme to stagger in an vncertainty of belief, either of the Cuntries fittnes for them, or of the sincerity of yors and or intentions for the accomplishing of them: but we wish and hope that some reall proofe thereof returned from you, shall iustifie both, in assurance whereof, we do not desire you to begin, but to continue in that you haue begunn, and in an effectuall maner to prosecute them; by a generall setting them vpp in all convenient places, by a strict p̢serving of the Mulberie trees, that they be not wasted (wherein we are informed there is great neglect;) by an exact and strict account, of the p̱formance of ors and youre Comandℯ in those pointℯi by the encouraging those that are forward herein, and punishing them that are backward; and lastly by all possible meanes that may conduce to the speedy and full effectinge, of these two great workes. And whereas the ffrenchmen are they on whom, in greatest part, the progresse of these depend; we especially recomend them vnto yor care and loue, desiringe that theire wantℯ of apparell and other necessaries, may by you be supplied to the full, out of the Companies Stock there; and whereas there covenanted times do shortly expire, we pray you so to deale wth them, as they may be p̱swaded to continue, if not for ever yett at least so long, vntill theire skill and knowledg in those thingℯ may be deriued into such numbers of or people, as may be sufficient for a large imployment in those workℯ. And in this thing we pray you to vse yor best care and wisdomes considering that it will not be easie, if these men return discontented, to procure others from theire cuntrie, neither is it indeed possible to the Company now extreamly in debt, to be at so great charge for the sending anew of others, as these men came to; wherefore we earnestly pray you, not to lett the occac̃on and meanes in yor handℯ to slipp away, wch if you do we know no possibility of repairing it; yet would we not haue them by violence, or any vniust meanes deteined (wth wch Gods blessing will not go along) but by faire and gentle p̱suations, and by the offer of so beneficiall covenantℯ vnto them, as they may rest paid wth, and you be certainly able to p̱forme: for as for vs here at home, although we are not out of hope (haueing verie iust and due ground therefore) in convenient time to raise a reasonable Stock of money, yet till we may see it effected, we thinke it not honorable vppon vncertainties, to engage or certaine faith, for paymentℯ in this kind; wherefore we pray so to contriue it, as theire satisfac̃on from hereafter may arise from Virginia: And because vppon or contract wth them, there is and wilbe a great Sum̃e due vnto them, we very earnestly desire the vttermost of all youre endeavors; and in p̱ticuler the care and fidelity of mr George Sandis, for the sending home of mies, wch we pray you wth all care and constancie to prosecute by all good courses both of warr and policie, so farr as may stand wth iustice and truth, for howsoeur they are worthie to receaue it, yet are you to worthie to vse any false dealinge, and we desire that yor proceedingℯ may be so faire as may not only be free from the fault, but any iust ground of suspic̃on.
Concerning the sending home of the Sassafras as last yeare in the Abigall, where it had come fraight free, it would haue been profitable, so now on the contrarie, it would be of damage wherefore we pray you not to go on that course, but to find some other way towardℯ the dischargeing of the fraight due vppon the Abigall, the account whereof we here send you, being not a little grieved, that you did not last yeare p̱forme what we had vndrtaken, being as we conceaue most easie to haue beene donn, but we pray you that amendℯ may be now made and we thinke it equitable that they who last yeare should haue alon p̱formed it, should now more liberally contribute vnto it.
Yor vndrtakeingℯ to build a forte we much comend, and much long to heare what progresse you haue made therein; we pray you what you haue so well begunn, may be constantly p̳secuted vntill it be fully effected, and that no difficulties whatsoever cause you to neglect it.
Itt doth not a little greve vs, that we are not able to p̱forme that supplie of yors ye Governor and Treasurors Tenantℯ, wch we promised, and you iustly expect; or failing therein hath beene and is through those accidentℯ wch we neither could foresee before they came, nor can now through them so freely dispose of thingℯ; we pray you therefore rightly to waigh the occac̃ons, wth yor damage, and to beleeue or solicitousnes to make you amendℯ, is litle lesse then yor owne desires; and or hopes are that before the next Spring we shall sattisfie both.
In the mean while, those Tenantℯ that belong to the Company, wch were vnder Capt Nuce his Com̃and, we pray you may be directed and employed in the most beneficiall maner for themselues and vs; And we are content in reward of Capt Nuce his service (as also [30] for her owne vertues sake, whereof we haue heard good Com̃endac̃ons) to bestow vppon mrs Nuce his widdowe, the profitt of those mens labors this present yeare, that did belong to her husbandℯ office if he had lived; wherefore we desire you that she may enioy them, and we do not only think her worthie of iustice in all other respectℯ, but of all favor that you can shew her; So wth or prayers to God for the guidinge and directing you, in all yor waightie affaires, that it may be to his glorie, and yor owne good; We bid you hartely farewell. Given in a great & generall Court held for Virginia the 6th of August 1623 and ordered to be sent in the name of the Company, to the Governor and Counsell of State in Virginia.
pag: 30
Postscript: By this Shipp the Hopewell you shall receaue three great Bibles, two Com̃on prayer bookℯ and Vrsinaes Cathechisme; being the guift of an vnknowne p̱son for the vse of those Churches that most need them.
Teste.
Nicholas Fferrar. Deputie
Teste.
Ed. Collingwood. Secretarie.
A proclamation touching the rates of Comodities.
By the Governor and Captaine generall of Virginia.
Whereas the rates and prices of Comodities here in Virginia haue of late and by degrees growne to a most exessiue and vnconscionable height, not only in Tobacco, but in ready mony, to the great greivaunce of this State and Comon-wealth, the greatest abuse wherein, hath risen by Sackℯ, Strong waters, and other such Drinkℯ, especially from the com̃on sort of people, who will giue any rate rather then want them: wch mischeif being likely to grow and encrease dayly (to the great weakning and impoverishing of this Colony) if some course be not taken for the p̢sent remedy and future p̢vention thereof: The Governor, therefore, (wth the advice of the Counse of State) hath ordered and appointed, and by these p̢sentℯ doth straightly charg and Com̃and, that no p̱son or p̱sons here in Virginia either Adven- turer or Planter, shall vent, vtter, barter or sell any of these Comodities followinge for aboue the prices hereafter in these p̢sentℯ menc̃oned (viz)
1 s d | 1 s d | ||||
Sherry Sack | 0—4—0 | 0—6—0 | |||
Canary & Malaga | 0—6—0 | 0—9—0 | |||
Allegant & Tent | p̱ gallon_ | 0—6—0 | in ready Mony | 0—9—0 | |
Muskadell & Bastard | 0—6—0 | 0—9—0 | in Tobacco. | ||
Aquavitae | 0—4—0 | 0—6—0 | |||
Sallet Oyle | 0—6—0 | 0—9—0 | |||
Wyne Vineger | p̱ gallon_ | 0—3—0 | in ready Mony | 0—4—0 | in Tobacco. |
Syder & beare vineger | 0—2—0 | 0—3—0 | |||
Loafe Sugar | 0—2—0 | 0—3—0 | |||
Powder Sugar | p̱ pound_ | 0—1—8 | in ready mony | 0—2—6 | in Tobacco. |
Butter & Cheese | 0—0—8 | 0—1—0 | |||
Newfound-Land ffifish | 0—15—0 | 1—4—0 | |||
Canada ffish | p̱ Centid_ | 2—0—0 | in ready mony | 3—10—0 | in Tobacco. |
And because it is impossible for them to sett perticuler and certaine rates and prices vpon all sortℯ of goodℯ, wares, and Comodities by reason of the differences of kindℯ and degrees in goodnes: It is further Ordered, and appointed, that no p̱son whatsoever either Adventuror or Planter, shall vent, vtter, barter or sell, any goodℯ wares, or Com̃odities of what kind or Condic̃on soeur, for aboue profitt and advantage then ten shillings in the pound in mony and twentie shillings in Tobacco, according as the said Comodities are worth the first peny in England: vppon paine of forfeiture and confiscation of all such mony and Tobacco received, or due for Comodities so sould (contrary to the aforesaid orders) the one half to the Informer, the other half to the State. And if any shall buy any goodℯ or Comodities aboue the aforesaid rates and prices, and shall not wth ten dayes after such sale (or sooner if such goodℯ were bought of any Shipp wch is sooner to depart) informe the Governor or some one of the Counsell of State thereof; that then the said Buyer shall forfeit the valew of the said goodℯ, the on half to the Informer, and the other half to the State. And it is further ordered and appointed, that if any Marchaunt or other, haueing sould his goodℯ shall dislike his Tobacco, and (vppon triall by sufficient men vppon theire oathes) the said Tobacco shalbe found not Marchauntable, then it shalbe brought into the Markett place of James Cittie and there burnt. Given att James Citty the 31th day of August 1623.
Francis Wyatt
A Proclamation touching payment of debts.
By the Governor and Captaine generall of Virginia.
Whereas there are many debtℯ oweing in this Cuntrie aswell to the Com- pany of Virginia in England, to the Magazines, and to Capt Will͠m Tuckar in the behalf of diurs worthy Adventurors in England (of wch the Right Honoble the Treasuror and Counsell of Virginia in England haue long since expected due sattisfacc̃on, according to theire reiterated Instrucc̃ons) as also to diurs other Adventurers, and planters in this Colony, wch ought in iustice and equity also to be discharged; though the other debtℯ (first specified) must in order of time haue preheminence And since the dispo- sition of the people here for the most part is so backward in payeing theire ould iust debtℯ (though long forborne) that vnlesse they be compelled therevnto by authoritie they will much rather runn further into debt, and dispose of theire Tobacco for the buying of new Comodities. The Gover- nor, therefore (wth the advice of the Counsell of State) hath ordered and appointed, and appointed, and by these p̢sentℯ doth straightly charg and Comand, that no p̱son whatsoever here in Virginia (that standℯ indebted) shall any way dispose of any part of his Tobacco, before such time he haue first sattisfied all such debtℯ as are due, or to be due this Cropp from him, to the Company: next all such debtℯ as he oweth to the Magazines: then such debtℯ as are due from him to Capt Tuckar: and lastly all such debtℯ as he oweth here to any person or p̱sons whatsoever, either Adven- turer or Planter, vppon paine of forfeiture and confiscation of double the valew of such Tobacco as shalbe disposed of contrary to this Order and Proclamation, the on half to the Informer and the other half to the State. Given att James Cittie the 31th day of August 1623.
Francis Wyatt.
To ye right Worll͠ Sr Francis Wyatt knight ec Governor & Capt generall of Virginia.
The Humble petition of William Crakeplace
In all humblenes sheweth yor petĩoner, being his Maties servant, groome of his Chamber, & keeper of his house at Roiston, yt whereas hee haveing a desier to see this Cuntry, Compounded & agreed wth John Langley late Mr of ye good shipp Called ye Magret & John, for ye som̃e of one hundred & tenn pounds, wch yor petīoner paid him p̢sent in hand, for to transport yor petīoner, & five servants into this Cuntry, & to find vs sufficient p̳uition of dyett at sea & vppon or arivall here to furnish yor petīoner & his five men, wth sufficient p̢uition of victuall & household implement & apparell for one whole yeare next after ther ariuall in this Cuntry, According to the printed bills put forth by ye Compa of ye mrchant adventurers for virginia in England, wch said bargaine & agreement, yor petioner hath to shew vnder ye hand & seale of ye said mr John Langley, as also his bond for p̱formance of those Couenants wch shall truly appeare to yor Worp.
Right worshipfull ye p̢misses Considered, & for yt Mr Douglas now mr of ye sd shipp hath invested him selfe wth ye whole estate of the said mr Langley, & refuseth to make good & performe the Bargaine made by the said mr Langley, wth yor petitioner, hee most humblie beseecheth, that you would bee pleased to Cause ye sd mr Douglas, according to equity & right, to giue him Due sattisfaction, or otherwise to grant yor petitioner a ɫre of administracion to administer ye goods of the said mr John Langley, wherby in some measure to releiue himselfe. And will giue bond to yor worp to be accomptable, when hee shalbe therto Called & required, & shall eu9 pray &c
Master Crakeplace (producing specially) receuied Content of mr Douglas.
To the right Worll Sr Francis Wyatt knight Governor and Captaine
generall of Virginia
The Humble Peticion of Stephen Gingby, Bodwine Victory, and ye rest of ye Company belonging to ye Enerell of Midleborough
Humbly sheweth yt whereas it is not vnknowne to yor worp. ye maner of or Coming into this land, and the Cause of or long stay. Now ye master haveing sold ye shipp, Wee humblie entreat yor Worp: & the rest of the Worpfull Counsell, that you wilbe pleased to Comiserate or poore estate, & that wee be paid or wages wch is or due According to the right of the sea, and in so doeing wee shall be bound to pray yor Worps: p̳speritie
16.
A Proclamation for biddinge trade for corne wthin the Bay. By the Governor and Capt generall of Virginia.
Forasmuch as the tradeing for Corne by diurs privat men hath not only beene the meanes of bringeing downe the vallew of or Trucking stuffe amongst the Indians (whilest mens necessities haue caused them to giue any rates for Corne, rather then return emptie) but also beene agreat hin- drance to the planting of Corne (so often, and so strictly Comanded, and of so absolute necessitie for this Colony) whilst many haue relyed vppon the supplieing theire wantℯ by trading The Governor therefore, wth the advice of the Counsell of State, for the avoiding of these and many other inconveniences, incident to such private trade, hath ordered and decreed and by these p̢sentℯ doth straightly charge and Comand, that no p̱son or p̱sons (wthin this Colony) of what condic̃on or qualitie soever, shall dare to go to trade or truck for Corne wth any Indians, either Easterne Shore, or wthin any part of the Bay of Chesapeack: as they will answer the con- trary at theire vttermost perillℯ. Given at James Cittie the fourth day of September 1623.
Francis Wyatt
To the right Worll͠ Sr Francis Wyatt knight ec and ye rest of his Maties
Counsell in Virginia The Humble petition of Jon pewntis
Sheweth
14 That whereas it hath pleased ye Govenor & Counsell to take into Con- sideration, by ther p̳clamation to interdict generally all men fro' trading in the bay for Corne, Now for yt yor petioner hath had spetiall order fro' his principalls of Southampton hundred to employ ther shipping as well in trade in ye Bay as elswher for ther & ye publique good, for wch affairs yor petition9 hath hired Ensigne Thomas Sauage to bee ther Interpreter.
Yor petitioner humbly prayeth, that no Act or Acts may bee made to preiudice the said Company in ther Designes.
And further yt yor Worps would be pleased not to restraine yor petitioner fro' discoueries, trading, or any voyages by water, wch may any wayes concerne ye Due execution of his office of Vice admirall hee being ye Com- panies puplique officer, & by them therto deputed, for ther vses & seruices, seeing to ye sd office ye Due examination & Judgment of such Causes, wth ye persons & Comissions p̳perly appertaineth, & therfore here in yor peti- tioner clameth a p̢rogatiue before others.
Lastly for yt yor petioner hath ben informed, yt puplique peace made by yor p̢decessors wth sundry nations, hath been broken by some of or people, yt haue gone on trading, whoe vnder the p̢tence of frendship and in ye Gouernors name, have taken men prisoners, yea sometymes there liues, & goods for nothing, or at ther owne rates, contrarie to ye equity of God & natures lawes, wherby ye name of God, or King & Cuntry are all dis- honored, we being formerly for or Justice & uertuous Gouerment Called Gods, but now through treacherous & inhumaine Cruelty esteemed worse then Diuels for wch (I feare me) Gods punishment is & wilbe vppon vs
May yor Worps therfore be pleased in yr wisdomes so to p̳uide, yt all such grosse abuses may be reformed, Seeing his Maties espectacion is yt by or uertuous gou9ment ye heathens might bee brought to ye true knowledge of god & his sonne Christ Jesus, wth his Dominions establishing & enlarged, for neu9 could I yett heare of any kingdome or Com̃onwealth, tollerating Robbery & extorcion to be permanent according to ye old parerble
Congeries Lapidum, varijs constructa rapinis, Corruet, aut alter raptor habebit eam.
See the Acts 4°: Septemb9 1623 and 8° Sepr some examinations begun, but by reason Capt Hamor fell sicke, & Capt Madison absent (at whom Cheifly it was leueled) it p̳ceeded not to full tryall,
See also the Court held the first of Octobr 1622
G⃒ H A perticuler enuoyce of goods sent to Virginia in the Marmaduk John Dennis Master for the vse of Mr George Harrison contayned in their percells followinge and marked as in the Margine.
No. 1. One barrell of Meale
No. 2. One barrell of Meale
No. 3. One barrell of oatmeale
No. 4. One barrell of pease
No. 5. One halfe barrell of cheese
No. 6. One small firkin of haile shott
No. 7. One hh̴d of vineger
No. 8. One Great chest cont.9 as followeth viz̄t
No. 9. One Runlett wth nayles and p̱t of two armors
No. 10. One firken of suet
No. 11. One chest cont9 two Runlettℯ of aquavite and one Runlett of oyle
One long fowling peece of five foote and halfe in the barrell marked wth an Iron on the end wth G: H: two short gunns of 4 foote and an halfe marked in the same manner and wth the same mark, all three in list cases
There was delivered to yor men for there vse at sea tw[o] bedds and two Ruggs to each man a paire of stockings, a paire of shooes a shirt a band a wast coate.
Alsoe an other small box wch was sent aboard after the rest marked wth G. H:
[3]
The Accompt of moneys disbursed for all the pticuler goods & p̳visions sent to Virginea to the said Mr G: H: wth other charges in sending of 4 men.
li | s. | d. | |
Sixe fine Keasey suites at xvjs p̱ sute | 04 | 16 | 00 |
Twelve whit ostenbrig shirtℯ at ijsvd | 01 | 09 | 00 |
Three cotton wastcoatℯ at ijsviijd | 00 | 08 | 00 |
Nine paire of Irish stockingℯ at xijd | 00 | 09 | 00 |
Three munmouth capps at ijs | 00 | 06 | 00 |
Three linnin canvas sutℯ at vjs | 00 | 18 | 00 |
Two paire of boots at ixs the paire is | 00 | 18 | 00 |
Three paire of shooes at iijs | 00 | 09 | 00 |
Two paire of shooes at ijsxd one paire at ijsvjd | 00 | 08 | 02 |
Two armors at xvijs p̱ peece | 01 | 14 | 00 |
Three broad hoes at xviijd p̱ peece | 00 | 04 | 06 |
Three narrowe hoes at xiiijd | 00 | 03 | 06 |
Three ham̃ers at xd | 00 | 02 | 06 |
Two handsawes at xvd | 00 | 02 | 06 |
Three felling axes at xiiijd | 00 | 03 | 06 |
Three hatchetts at xijd | 00 | 03 | 00 |
Two bills at xijd | 00 | 02 | 00 |
One drawing knife att | 00 | 00 | 10 |
Three augurs at vjd p̱ peece | 00 | 01 | 06 |
Three Chissells at vjd p̱ peece | 00 | 01 | 06 |
The accompt of the moneys disbursed in and aboute §paid for§ the send- ing of 4 men to Virginea Mr G: H. to §in§ Virginea§ in the shipp called the Marmaduke John Dennis Mr§ together wth the p̱ticuler prices of all the [the] goodℯ & provisions before [at] before menc̃oned, & sent in the same shipp wth other charges disbursed in & aboute the same. 1
This memorandum is written across this page in the margin.
Two barrells of meale cont9 14 bushelles and one peck at 5svjd p̱ bushelle and six shillings iiijd the Caske and the shipping of it xd is | 04 | 05 | 05 |
Sugar xxli at viijd p̱ pound | 00 | 13 | 04 |
pepper Case jli and ½ at xxd | 00 | 02 | 06 |
Cloves 4z̴ at vjd p̱ ounce | 00 | 02 | 00 |
Large mace iiij ouncℯ at vijd p̱ ounce | 00 | 02 | 04 |
Nutts Case dj li at 4s p̱ ɫ | 00 | 02 | 00 |
Large ginger iiij oz at xvjd p̱li | 00 | 00 | 04 |
[4] | |||
Large Sinamon djli at iijs viijd̴ p̱ li | 00 | 01 | 10 |
Oyle xj gallons and halfe at iijs vjd p̱ gallon | 02 | 00 | 03 |
The Runlett for oyle | 00 | 01 | 08 |
The box for Sugar | 00 | 00 | 06 |
Two Runlettℯ of aquavite cont9 xx gall͠ & halfe at iijs p̱ gallon is | 03 | 01 | 06 |
ffor the Runlettℯ xvjd p̱ peece | 00 | 02 | 08 |
ffive bushells & half of pease | 00 | 18 | 04 |
Six bushells of great oatmeale | 01 | 08 | 00 |
ffifty sixe pound of Chesner cheese | 00 | 14 | 00 |
ffifty sixe pound of Suff9 cheese | 00 | 12 | 00 |
li. | s. | d. | |
forty pound of stronge powder | 02 | 00 | 00 |
One hundred waight of pistoll & goose | 00 | 11 | 06 |
Two barrells for pease and oatmealle | 00 | 04 | 00 |
One kildekine for cheese | 00 | 01 | 04 |
One Runlett for powder | 00 | 01 | 00 |
One barrell for shott | 00 | 00 | 08 |
One coarde at | 00 | 00 | 10 |
ffor xij falling bandℯ | 00 | 06 | 00 |
ffor threed and needells | 00 | 03 | 06 |
ffor redeeming yor mans shirt | 00 | 02 | 06 |
ffor ij paire of knitt stockingℯ | 00 | 05 | 04 |
ffor Cartagr of vinegar | 00 | 01 | 00 |
ffor ij swordℯ | 00 | 09 | 00 |
ffor a Chest | 00 | 08 | 06 |
ffor nayles | 01 | 10 | 0[9] |
ffor ij roggℯ | 00 | 11 | 00 |
ffor xij paire of shooes | 01 | 09 | 00 |
[5] September 1623
Provisions sent to Virginea in the Marmaduke John Dennis Mr
The moneys paid for them
for certayne Iron Tooles | 1 | 5 | 0 |
for two armors | 1 | 14 | 0 |
for 20 ellℯ ½ of holland cloth at 2s4d | 2 | 6 | 8 |
for six bandℯ & cuffℯ | 0 | 19 | 0 |
for a firkin of suett | 0 | 15 | 0 |
for a sugar chest | 0 | 1 | 0 |
for carrying downe goodℯ to the customhouse & for shipping them | 0 | 2 | 2 |
for points &c | 0 | 1 | 0 |
for a hatt & band | 0 | 16 | 0 |
fraight of thre men | 18 | 0 | 0 |
fraight of one & ½ tonne of goodℯ | 4 | 10 | 0 |
for primage & average | 0 | 2 | 6 |
To Mr Webb for diverse p̱ticulers | 7 | 10 | 11 |
To him for Meale | 5§4§ | 5 | 5 |
To Mr Maddox for app̱ell | 8 | 6 | 0 |
for carrying the goodℯ aboard the shipp | 0 | 2 | 0 |
To a cooper for a Rundlet & for sworke | 0 | 2 | 6 |
To Mr Covell for diverse thingℯ | 6 | 11 | 0 |
To the Aqua Vite man | 3 | 4 | 0 |
li | s. | d. | |
To the Grocer | 3 | 6 | 0 |
Given to the three men that day they were bound | 0 | 1 | 4 |
64 | 1 | 6 | |
[6] | verte | ||
for passage of one man more | 6 | 0 | 0 |
for more app̱ell of Mr Maddox | 0 | 16 | 6 |
for thre gouns | 4 | 0 | 0 |
for bootℯ & shoes for himself | 1 | 14 | 0 |
for two paire of shoes more for a servant | 0 | 4 | 8 |
for two bandℯ more | 0 | 1 | 0 |
[pp. 7 and 8 are blank except for the following memorandum] | |||
50 | 14 | 8 | |
28 | 11 | 2 | |
[9] | 79 | 11 | 2 |
ffor vinegar one h̴h̴ed | 02 | 00 | 00 |
ffor iiij Iron Hoopes | 00 | 04 | 04 |
[pp. 10 and 11 are blank]
[Indorsed] Virginea 16th Septr 1623.
[On a sheet pasted below the endorsement] | Shipped by the grace of god in good order & well condic̃oned by mee John | |
Harryson in and vppon the good shipp called the Marmaduke of Lond9 whereof ye Mr vnder god for this p̢sent voyadge | ||
John Dennis & nowe rydinge att an anker in the port ryver of Thames | ||
1. | & by gods grace bound for Virginia To | |
2. | say one hodgeshead fower barrellℯ | |
3. | Twoe chestℯ one halfℯ Barrell and three | |
4. | runlettℯ being marked and numbred | |
5. | as in the marge[n] and are to be delivered | |
No G⃒ H | 6. | in the like good order & well condic̃oned |
7. | vnto George Harryson att the porte of | |
8. | James Citty in Virginia aforesaid the | |
9. | dangers and adventure of the seas | |
10. | only excepted the fraight of the said | |
11. | goodℯ being allready paid, In wittnes whereof the Master of the said shipp hath affirmed to Twoe bills of Ladinge both of this tenour and date the one of wch bills beinge accomplished the other to stand voyd And soe god send the good shipp to her desired porte in safty, Dated in Lond9 the xvjth September 1623 |
John Dennis
A Proclamation against stealing of beastℯ & Birds of Domesticall & tame nature.
By the Governor and Captaine generall of Virginia.
Forasmuch as the healthfull and prosperous estate of this Colony, dependℯ vpon nothing more, then the plentifull encreasing and p̢serving of all sortℯ of Beastℯ and birdℯ of domesticall or tame nature, whereof there haue of late beene farr greater store secretly stolne and wasted by lewd and ill disposed persons, then in former times; to the great losse and dis- couragement of many Planters, and to the no smale p̢iudice of the Coleny it self. And howsoeu9 heretofore the Stealing of some of these, hath not beene prosecuted as ffelony and punished wth death as according to the lawes of England it might haue beene, vppon wch remissies men haue more p̢sumed: Yet now the necessitie of the time requiring or living nearer together, and in greater bodies (and so the more exposed to these mischeifs) hath moved the Governor and the Counsell of State to order and decree, and absolutely resolue in these cases to proceed most strictly and exactly, according to the lawes of England, aswell against all con- cealors and accessaries, as against the principallℯ themselues. And to the end that all men may know the danger of the law in these cases (though ignorance of the Law excuse no man) they haue thought fitt to publish the same, wch is, that whosoevershall steale any Beastℯ or Birdℯ of Domesticall or tame nature, that is to say, Horses, Mares, Coltℯ, Oxen, Kine, Calfes, Sheepe, Lambs, Goatℯ, Kiddℯ, Swine, Piggℯ, Hens, Geese, Duckℯ, Pea- cockℯ, Turkeys, or any of like sorte the law adiudgeth it ffelony and punishable wth Death, if it be found by the Jury to exeed the value of twelue pence: otherwise if it be found vndr that value, the parties so offend- ing are to be corected at the discretion of the Magistrate by whipping, or the like punishment. And though in England the vallue of some of these tame thingℯ is farr lesse, so as the stealing of them is often found (in favor of life) but petty Laseny and so toucheth not the liues of the offendors: yet here they are of farr higher rates, by reason of theire scarscitie, and there- fore wilbe found punishable wth no lesse than Death. Given at James Cittie the 21th day of September 1623.
Francis Wyatt.
A warrant of 10li of Tob vpon every 1000 Plantℯ
By the Governor and Capt generall of Virginia
Sr Francis Wyatt Knight Governor and Capt generall of Virginia, to Capt Will͠m Tuckar Commander of Kicoughtan sendeth greeting. Whereas diuers publique debtℯ of the last yeare remaine yet vndefraied (by reason of the povertie of that Cropp) and that this yeare the publique debtℯ of the Cuntrie are excedingly increased, wch we doubt not (these being cleared) to p̢vent for the future. It was ordered at the Counsell Table (the 4th of this p̢sent Otober) that towardℯ the payment of the said publique debtℯ, there should be levied (throughout the Colony) 101 of good Mar- chauntable Tobacco vppon every 1000 plantℯ that haue come to be gathered, and a gallon of Corne vppon every barell of Corne; wch charge (consider- ing that all men haue had free libertie to plant Tobacco wthout any limitac̃on or restraint) may the more easely be borne. These are therefore straightly to charge and require you Capt Will͠m Tuckar, to make choise of two of the most honest and sufficient men vndr yor Com̃and; and to admrster an oath vnto them, that they shall (vppon a survey of every mans Tobacco plantℯ, wthin that Plantac̃on) deliu9 as true an accompt as they can of ye number of every mans plantℯ, that haue come to be gathered: and vppon an accompt of the said plantℯ deliu9ed you that you colect the said 101 of good marchauntable Tobacco (wthin ten dayes at the furthest after sight of this Warrant) vppon every thousand plantℯ, and the said gallon of Corne vppon every barrell of Corne, and that you lay it vpp in some store safe vndr lock and key further chargeing and comanding all p̱sons residing in that Plantac̃on, to yeeld ready obedience, and to be aiding and asisting vnto the said Capt Will͠m Tuckar in the execuc̃on of this order and Warrant, vppon paine of most high Contempt in disobeying or authoritie deriued from his Matie. Given at James Cittie the day of October 1623.
Francis Wyatt
Sr Francis Wyatt Kt Governor and Capt generall of Virginia, to Capt Will͠m Tuckar Comander of Kicoughtan, sendeth greeting. Whereas (ac- cording to an act of courte made, that there should be gathered 66li of Sassafras an head for every labouring man throughout the Colony) war- rantℯ were sent forth to all Plantations comanding the same, vppon the penaltie of 10li of Tobacco for every hundreth waight of Sassafras not brought in by a certaine day appointed, wch proporc̃on of Sassafras by the pepoll, many haue neglected to gather, rather out of contempt of au- thoritie, then as a matter of any great difficultie, in wch respect (the more iustly) the whole penaltie might be taken: Yet the Governor and Counsell of State haue remitted a great part thereof, and haue ordered that every head now remaining aliue, that hath failed to gather 66li of Sassafras ac- cording to the said Warrant shall pay but 4li of good Marchauntable Tobacco wch is to be employed towardℯ the discharge of the publique debtℯ of the Cuntrie. These are therefore straight[ly] to charge and require you Capt Will͠m Tuckar that wthin ten dayes after sight hereof, you col- lect the said Tobacco throughout that Plantac̃on, and lay it vp safe vndr Lock and key in some store. Further chargeing and Comanding all p̱sons residinge in that Plantac̃on, to yeeld ready obedience and to be aiding and asistinge to the said Capt Will͠m Tuckar in the execuc̃on of this Order and Warrant, vppon paine of most high contempt in disobeying or authoritie, derived from his Matic. Given at James Cittie the day of October 1623
Francis Wyatt A letter to mr Treasurer, to the same effect (mutatis mutandis)
To ye right Worll͠ Sr Francis Wyatt knight Governor and Captaine generall of Virginia.
The Humble petition of Thomas Pasmore.
18 Moste humblie sheweth to yor good worps: that whereas it was ordred by yor worp & some others of the Counsell yt Valentine osserby should free & discharge me of on bond wherin I stand bound for & wth ye sd Valentine to mr William Douglas in ye sum̃e of three score pounds for ye payment of towe hundred waight of tobacco for the sd valentine so it is that since the tyme of yor worps order, wch was this day month, I Cannot be discharged of the sd bond, the said valentine (as it seemeth vnto me) not reguarding yor worps Order
In Consideration wherof, & for yt the said Valentine hath of late been sicke, wch if hee had dyed yor petitioner must haue paid the 2001 waight of tobacco to his vndoeing. May it therfore please yor good worp. to cause the said valentine to free yor petĩoner of the said bond, the said valentine according to yor worps order & I shall eu9 pray ec Ordered that valentine should serue yor petiõner. See petition: 12
19 Right Worthy and gracious Srs may it please yor worps: to vnderstand, that my deceased father is come hither, as also one Maurice Holsten, whoe dyed when hee came first for into this land, & my father died here also. those two men were the mrs of this worke, wch should haue bin made here. I fro' the begining came only but to helpe & Comfort my deceased father to doe what hee should teach & shew me, but fro' the begining I haue had no knowledge to make this worke, no farther but what my father should teach & instruct me, though I should redeeme my deceased father fro' Death againe therby, no more were it possible for me to finish such a worke, as verylie as God shalbe my helpe, I humbly therfore beseech yor worps out of yor favor to be pleased to send me home to my Cuntry, that I may come to my deere mother a helpe & Comfort. Therfore I hope yor worp will not stay me here any longer.
Carsten Beckham His petition granted. See or first generall ɫre to the Company about ye later End.
To the right Worll͠: Sr Francis Wyatt knight Gouernor and Captaine
generall of Virginia.
The Humble petition of Michael Wilcocks
20 Most humbly sheweth vnto yor good worp. that whereas William Ganey Compounded & agreed wth yorpetitioner to giue him for one yeares seruice being ended at Christmas last past, 1801waight of Tobacco, fiue barrells of Corne & to sett him vp of his owne cost & Charges a house of 20 foote long & 15 foote wide, So it is yt yorpetitioner hath receaued ye tobacco, & two barrells of ye Corne, but yeother three barrells of Corne yor petitioner Cannot gett of him nether his house finisht, wch is to yr great losse & hindrance of yor petĩoner, & of late yor petitioner demaunding the three barrells of Corne of him, hee told him that yor petitioner that if hee would giue him six deare hee would presently pay him the three barrells of corne, wch yor petitioner p̳mised to doe, & him bound in a 1001 for ye per- formance therof, yor petitioner killed & deliuerid to mr Ganey, the six Deere, but Cannot gett his Corne of him, nether will deliuer yor petĩoner vp his bond, but deludeth him fro' tyme to tyme.
In tender Consideration wherof yor petitioner most humbly beseecheth that p̢sentlie vpon sight therof yor worp: to grant yor warrant against the said William Ganey that presentlie vpon sight therof wthout farther delay, yt hee pay the said Corne, finish the said house & deliu9 vp the bond, all wch according to laue & equity hee ought to doe, & yor poore petioner shall eu9
His petition granted, & Content giuen him by Ganey
[The order of the Privy Council announcing a new form of government, October 8, 1623, is printed in Acts of the Privy Council, Colonial, I, pp. 68–69.]
To the right Worll͠ Sr Francis Wyatt knight Gouernor and Captaine generall of Virginia.
The humble petĩon of George Jemison
17 Most humbly sheweth vnto yor good Worp: that whereas yor petioner & Mr vnder god of ye good shipp called the Enerell, hath been Complained of by his compa to yor worp. for ye wrongfull detaining of ther wages so it is yt yor petition9 wthout order fro' the Honer is not to pay them any wages here in virginia but yt they are to receaue ye same in Midleborough fro' whence the barke was sett out further sheweing that my Compa Contrarie to marine discipline haue mutyned & opposed themselues against me, & neglecting to doe ther true seruice for ye good of ye owner. For in ye Ryu9 of Jsekip vpon ye Coast of Guyanay being aboard one Martin Tiffe a Flushinger, they had all plotted to leaue me & forsake the Barke, as vnder ther handes in wrighting shall appeare, further I demanded of them, yt if I Could victuall the Barke, whether they would returne wth me to Carie the Barke home for Midleborough, they told mee they would not aduen- ture to goe in her, nether would they goe wth me to seeke out or Admirall, but that they would returne in ye first English shipp, that came for that Coast wthout my leaue or Consent, and also after wee came into this Bay diuers of my Company have forsaken the Barke & hired out themselues, therin refuseing to doe the owner seruice, & one of ye compa named Alluin Daniell hath conueyed his chest out of the Barke wthout my priuity or Consent, & John ye Dutchman did tell me in the p̢sence of mr Daniell, yt I were best to sell ye Barke for yt shee was old & would be eaten vp wth wormes and one of ye compā told me before mr pewentis yt they would serue me no longer, but had rather loose ther wages, but if I should pay them ther wages here, & be Charged therwth by the owner at my returne, would be to my vtter vndoeing notwthstanding let them giue me good securitie to defend me from ye owner & they shall haue it paid them here, for so long time they haue done ye owner seruice. The Consideration of the p̢misses I leaue to yor Worps: Juditious censure & shall pray etc.
See ye Court Holden the Eleuenth of October 1623
At an extraordinary Court held for Virginia on Monday in the forenoone the 20th of October 1623 By the appointement of the Lords touchinge the surrendringe of the Charters.
Sr Thomas Wroth | |
Sr Samuell Argall | Mr Collett |
Mr Deputy | Mr Stubbs |
Mr Winkfeild | Mr Rider |
Mr Chetley | x The Polander |
Mr Ferrar | x Martin the Armenian |
Mr Paulavicine | Mr Berblocke |
Mr ffreake | Mr Leigh |
Mr Copland | Mr Franc: Waterhowse |
Mr Seaward | Mr Edw: Waterhowse |
Mr Taylor | Mr Meuerell |
Mr Roberts Jun9 | Mr Thomas Waterhowse |
Mr Buckeridge | Mr Truloue |
Mr Draper | Mr Kirby |
Mr Cuffe | Mr Sharrowe |
Capt: Jo: Martin | Mr Bland |
Mr Richard Edwards | Mr Scott |
Mr Wiseman | Mr Caninge |
Mr Hackett | Mr Swayne |
Mr Rawleigh | Mr Widdowes |
Mr Caswell | Mr Woodnutt |
Mr Kightley | Mr Edwards Merchaunt |
Mr Sherwood | Mr Biddolph |
Mr Wood | Mr Strange |
Mr Bickley | Mr Perce |
Mr Morgan | Mr Mease |
Mr Shippard | with diuers others whose names were |
Mr Ewens | not taken but the number was about |
Mr Colethurst | 70 |
Mr Watson | |
Mr Clarke | |
Mr Woodall |
Of the nyne that held vp their hands to surrender the Patent these were observed.
Sr Sam: Argall | Mr Woodall | |
Sr Tho: Wroth | doubtful whither they ought to haue voice | |
Captaine Jo: Martin | Martin the Armeanian | |
Mr Caninge | Molasco the Polander |
The other two that held vp their hands are not certainely knowne.
[Indorsed:] 20th of October 1623
A scedule of ye names of such as were p̢nte at ye Courte hoden for Virgnia
A Warrant to Capt Madison to bring 40 Souldiers for ye March.
By the Governor and Captaine generall of Virginia
To all to whom these p̢sentℯ shall come greeting. The hazarding of mens Croppℯ, and endangering of theire weake Plantationℯ did moue me and the Counsell of State to respite the intended expedition vppon or Savadge enemies vntill theire Croppℯ were in some good part gathered in, wch they now haue hadd time enough almost or wholly to finish.
Know ye therefore that I Sr Francis Wyatt knight Governor and Capt generall of Virginia, giue full power and authoritie vnto Capt Isack Madi- son, and do hereby will and require him, to leavy (wthas much equalitie and indiferencie as he may) through all the Plantac̃ons from Flowerdien Hundred vppward fouretie able & sufficient men to attend me in this service and that he faile not to bring them downe to James Cittie wth theire armes, necessaries, and a fortnightℯ provision of victuall, by the third of November next ensueing. And I do hereby further charge and Comãnd all p̱sons residing wthin the said Plantac̃ons whether Comanders or others respectiuely, to be aiding and asisting, and to yeeld ready abedience to the said Capt Isack Madison, in the execuc̃on of this Warrant, as they will answer the contrary at theire vttermost perill.
Given at James Cittie October the 20th 1623
Francis Wyatt Another Warrant of the forme aboue wrighten to Capt Will͠m Tuckar through all the Plantac̃ons vndr his Com̃and and at Newport newes) to leavie 30 able men &c, and to haue them in readines there by the 8th of November 1623. Another of the same to Capt Whataker to leavy 20 men.
[The order of the Privy Council respecting supplies for Virginia, October 20, 1623, is printed in Acts of the Privy Council, I, pp. 70–71.]
Sr
I hartily thanke you for your kynd yielding to my moc̃on for Sr Oley, whome I send vnto you to make gratefull acknowledgement of his obligac̃on of duty & service, wherein I am most willing to become his surety, nothing doubting of his care in preserving both our credits with you. The experi- ence I have had of him for full fiue yeares together during the tyme of his residence here in the College & the contentment he hath given my brother with whome he hath lived since for this twelue moneth & vpwards as Tutor to his children, make me thus forward to vndertake for him. It may please you to increase our ioinct debt vnto you, by secreting vs both in this buysines; for that it may be vnkindly taken by others of our company from vs (or at the lest from myself) if they shall vnderstand that I haue moved you & neglect them; whome I therfore forbeare as yet to sollicite, because I hold it not so seasonable to appeare further in this sute before the place shalbe actually voide, which I thinke wilbe (if the party alter not in his resoluc̃on) eur long. Our Mr is now abroade, but at his returne vnto the College I will present him with your respectfull comendac̃ons. Contiñueing mine humble & hartiest praiers for you, I recomend the best of mine affec̃ons, & rest
Your most assured friend
Octob. 22o. 1623.
Robert Byng
[Indorsed:] Robt Byng to Nich: Ferrar 1623. Oct. 22.
[Addressed:] To the Worpli his very worthy and approved good friend
Mr Nicholas Farrar at his Brothers house in St Sythes Lane These.
[The order to Harvey and the letter of the Privy Council to the Governor and Council in Virginia, October 24, 1623, are printed in Acts of the Privy Council, Colonial, I, pp. 71–72.]
Right Honoble͠
Accordinge to your Honors L̃res to vs directed dated the 2jth July 1623 wee haue had Conference wth Captaine Baylie and haue taken Considerac̃on of his Proiect for the Advauncemt of forraigne Plantac̃ons for the Publique good of this kingdome; Which proiect, soe farr onely as itt Concernes publique plantac̃ons, soe itt maye be to the Southward of Virginia then nowe wee are, wee hould to bee good and Comendable. Butt for the other partℯ of his proiect, especially howe such a great som̃e as they will require and in such a manner, can easely be leavied for the establishinge of such a worke wee very much doubt of; and hould itt most difficult nor doe wee approue of any such Course as is propounded to that end; And the rather for that wee see the kingdome drayned by former gatheringℯ in Churches and Lottaryes for the support of the former Plantac̃ons: And soe wee humblye leaue the same to yor Honors more Judicious Considerac̃on and will allwaies rest
Att yor honors Service
Tho Smythe Jo: Wolstenholme
Humf: Handford Robt Jhonson
[Addressed:] To the Right Honoble: Sr Edward Conaway knight, one of his
Maties Principall Secretaryes theise dẽ
[Endorsed:] Nouember 1623 Sr Thomas Smith &c Concerninge Captaine
Baylyes Proposic̃ons for advancemt of Foraigne Plantacions
Transcribed by Miss M. L. Moore under the direction of Dr Hubert Hal.
November 4, 1623, to May 24, 1624Adhuc de termino Sancti Michaelis: Rex: memorandum quod Thomas Coventrye, miles, attornatus domini Regis nunc generalis, qui pro eodem domino Rege in hac parte sequitur, in propria persona sua venit hic in curia dicti domini Regis coram ipso Rege apud Westmonasterium die Martis proxima post crastinum animarum isto eodem termino et pro eodem domino Rege protulit hic in curia dicti domini Regis coram ipso Rege tunc ibidem quandam informacionem versus Nicholaum ffarrer, Edwinum Sandis, militem, Johannem Danvers, militem, Johannem ffarrer, Thomam Kiteley, Thomam Wheatley, Ricardum Caswell, Thomam Shep- heard, Johannem Cuffe, Gabrielem Barber, Willelmum Deereblocke, Anthonium Withers, Georgium Scott, Edwardum Hackett, Johannem Kirrell, Thomam Morris, Willelmum Webb, Ricardum Bull, Willelmum Nicholls, Patricium Copeland, Willelmum Browne, Georgium Smythe, Ricardum Tomlyns, Edwardum Brewster, Willelmum Ewens, Thomam Winston in medicinis doctorem, Georgium Swinehowe, Edwardum Ryder, Gilbertum Morewood & Edmundum Morgan liberos homines & peri- clitatores & plantatores, Anglice, adventurers & planters, civitatis Londonie pro prima colonia in Virginia et alios liberos homines existentes periclita- tores et plantatores civitatis Londonie pro prima colonia in Virginia que sequitur in hec verba Londoniae Scilicet: Memorandum quod Thomas Coventrye, miles, attornatus domini Regis nunc generalis, qui pro eodem domino Rege in hac parte sequitur, in propria persona sua venit hic in curia dicti domini Regis coram ipso Rege apud Westmonasterium die Martis proxima post crastinum animarum isto eodem termino et pro eodem domino Rege dat curie hic intelligi et informari quod Nicholaus ffarrer, Edwinus Sandis, miles, Johannes Danvers, miles, Johannes ffarrar, Thomas Kiteley, Thomas Wheatley, Ricardus Caswell, Thomas Shepheard, Jo- hannes Cuffe, Gabriel Barber, Willelmus Deereblock, Anthonius Withers, Georgius Scott, Edwardus Hackett, Johannes Kirrell, Thomas Morris Willelmus Webb, Ricardus Bull, Willelmus Nicholls, Patricius Copeland, Willelmus Browne, Georgius Smyth, Ricardus Tomlyns, Edwardus Brewster, Willelmus Ewens, Thomas Winston in medicinis doctor, Georgius Swinhowe, Edwardus Ryder, Gilbertus Morewood et Edmundus Morgan, liberi homines et periclitatores et plantatores, Anglice, adventurers & planters, civitatis Londonie pro prima colonia in Virginia et alii liberi homines existentes periclitatores et plantatores civitatis Londonie pro prima colonia in Virginia per spacium trium annorum jam ultimo elapsum et amplius usi fuerunt et adhuc utuntur acclamant habere et uti infra civitatem Londonie et libertatem eiusdem ac in omnibus locis extra civitatem predictam infra hoc regnum Anglie necnon in quampluribus partibus transmarinis extra hoc regnum Anglie absque aliquo warranto sive regulari concessione libertatibus privilegiis, et ffranchesiis subse- quentibus, videlicet, fore incorporatos per nomen Thesaurarii et Societatis periclitatorum et plantatorum civitatis Londonie pro prima colonia in Virginia ac per illud nomen placitare et implacitari in omnibus curiis et locis quibuscunque ac coram quibuscunque judicibus justiciariis vel aliis personis quibuscunque tam in omnibus et singulis accionibus, sectis et querelis quam in omnibus et singulis aliis causis, negotiis, materiis et demandis quibuscunque cuiuscunque sint generis, nature sive speciei ac per idem nomen fore personas habiles et in lege capaces ad perquirendum, habendum, recipiendum, capiendum, et possidendum sibi et successoribus suis tam de dicto domino Rege quam de aliquibus aliis personis vel corpori- bus corporatis aliqua dominia, maneria, terras, tenementa, redditus, reverciones, revenciones, servicia, possessiones, hereditamenta, bona et catalla, licencias, libertates, ffranchesias, proficua, commoditates, quecunque eis per prefatum nomen sive aliis personis sive alicui alie persone ad eorum usum data, facta, habita, concessa seu confirmata ac per dictum nomen dare, concedere, dimittere, locare, disponere, assignare et alienare bona, catalla, terras, tenementa, et hereditamenta sua quecunque cuicunque persone vel quibuscunque personis ad eorum libitum, acetiam habere diversa communa sigilla pro omnibus et singulis causis et negotiis suis agendis et illa ad libitum suum frangere, mutare et de novo facere acetiam habere potestatem et authoritatem quandocunque eis placuerit nominare, constituere et jurare unum de seipsis fore thesaurarium eiusdem Societatis ac unum alium de seipsis fore deputatum thesaurarii eiusdem Societatis, acetiam nominare, constituere et jurare de semetipsis tot et tales alios officiarios et ministros tam infra hoc regnum Anglie residentes quam in patria de Virginia in partibus transmarinis inhabitantes et residentes quot et quales eis placuerit et gubernatorem, thesaurarii deputatum et alios officiarios et ministros illos ad libitum suum proprium exonerare amovere, alterare et mutare, ac facere, eligere et admittere in Societate illa quas- cunque personas voluerint tam alienas quam alias et denariorum summas de eisdem personis capere, recipere et levare pro eorum admissione in Societate predicta, quodque persone sic in Societate predicta admisse et admittende erunt de Societate predicta ac incorporate unacum ceteris de eadem societate, necnon quascunque personas de eadem societate ad libitum suum proprium a libertatibus et ffranchesiis suis eiusdem Societatis excludere et easdem personas disfranchesiare et a Societate illa amovere et exonerare, necnon habere sibi et successoribus suis tot illas terras, patrias et territoria dicti domini Regis vocata Virginia et terras, patrias et terri- toria illa ad libitum suum proprium assignare, dare, vendere, alienare et disponere cuicunque persone et quibuscunque personis eis placuerit, necnon habere regimen et solam gubernacionem omnium terrarum, patriarum et territoriorum predictorum et omnium personarum in eisdem inhabitan- tium, commorantium et residentium seu in partes illas venientium seu negotiantium et easdem personas regere et gubernare secundum ordina- ciones et constituciones Societatis illius, necnon habere unum consilium infra hoc regnum Anglie continue residens consistere de diversis hominibus eiusdem Societatis et nominare, eligere et jurare quoscunque voluerint fore de consilio illo necnon habere unum consilium continue residens in dictis partibus transmarinis in Virginia consistere de diversis hominibus per ipsos nominandis et eligendis et nominare, eligere et jurare quoscunque voluerint fore de consilio illo, necnon habere et tenere tam infra civitatem Londonie predictam quam alibi infra hoc regnum Anglie ac etiam in partibus trans- marinis in Virginia predicta quasdam domos consiliares et in eisdem domibus quandocunque eis videbitur expedire, habere et tenere curias, con- gregaciones sive convocaciones de quampluribus et diversis hominibus eius- dem Societatis tot et talibus, quot et qualibus eis placuerit ac in eisdem curiis, congregacionibus et convocacionibus ad libitum suum proprium diversa statuta, leges et constituciones ordinare, facere et constituere et omnes personas tam de Societate predicta quam alias personas non existentes de eadem Societate que statutis, ordinacionibus, legibus et constitucionibus illis non obedirent imprisonare ac fines et amerciamenta super eas eadem causa taxare et imponere et ea ad usus suos proprios levare et convertere ac alias penas, penalitates et puniciones quascunque ad libitum suum proprium super easdem personas imponere et infligere, acetiam ad libitum suum proprium exportare et transportare extra hoc regnum Anglie in partes transmarinas predictas quascunque personas eis placuerit tam subditas dicti domini Regis existentes quam alias personas quascunque eosque ad libitum suum proprium regere et gubernare tam in itinere suo super mare quam in partibus transmarinis predictis acetiam habere libertatem, potestatem et auctoritatem contra leges et statuta huius regni Anglie transportare extra hoc regnum Anglie in partes transmarinas omnes et omnimodas mercandizas et mercimonia et alias res quascunque per leges et statuta huius regni Anglie prohibitas transportari acetiam transportare extra hoc regnum Anglie in partes transmarinas predictas omnia genera armorum, armamentorum, instrumentorum bellicosorum, pulveris bombardice, victualium, pecorum, equorum, equarum et omnium aliarum mercandizarum et rerum quarum- cunque absque reddicione vel solucione subsidii, custume, imposicionis vel alie taxacionis quarumcunque dicto domino regi vel ad usum eiusdem domini Regis, acetiam de omnibus personis tam subditis dicti domini Regis quam aliis negotiantibus, Anglice, tradinge, in partibus transmarinis illis tam non existentibus de Societate sua predicta quam aliis diversas pecunie summas ad libitum suum proprium exigere omnesque qui dictas exacciones solvere negaverint vel neglexerint imprisonare ac habere solam et unicam induccionem omnium et singularum mercandizarum et rerum a partibus transmarinis illis in hoc regnum Anglie adductarum vel adducendarum et ex eorum propria auctoritate prohibere omnes et singulas personas quas- cunque qui non sunt de Societate sua predicta transportare extra hoc regnum Anglie in partes transmarinas illas aliquas mercandizas vel alias res quascunque ibidem in partibus transmarinis illis mercandizandas seu aliquas mercandizas vel alias res quascunque adducere a partibus trans- marinis illis in hoc regnum Anglie necnon fines et amerciamenta ad libitum suum taxare et imponere super quibuslibet personis negotiantibus, Anglice, tradinge, cum aliquibus mercandizis vel aliis rebus quibuscunque in partibus transmarinis illis et easdem personas absque ballio sive manucaptione ad libitum suum imprisonare, acetiam quascunque imposiciones eis placuerit super mercandizis et aliis rebus per aliquam personam vel aliquas personas non existentes de Societate sua predicta in partes transmarinas predictas extra hoc regnum Anglie transportatis vel transportandis vel a partibus transmarinis predictis in hoc regnum Anglie adductis vel adducendis imponere et Naves, mercandizas et alias res predictas capere, seisire et retinere irreplegiabiles quo usque ipsi satisfacti sunt de imposicionibus sic per ipsos super mercandizis et aliis rebus illis impositis, necnon habere potestatem et authoritatem uti vel exercere tam infra partes transmarinas predictas quam super altum mare jus militare quandocunque eis placuerit, acetiam jurare vel super sacramentum examinare quascunque personas eis placuerit in aliqua causa quacunque tangente vel concernente plantacionem predictam vel aliquam negotiacionem quamcunque pertinentem ad eandem plantacionem de quibus omnibus et singulis libertatibus, privilegiis et ffranchesiis iidem Nicholaus ffarrer, Edwinus Sandis, Johannes Danvers, Johannes ffarrer, Thomas Kiteley, Thomas Wheatley, Ricardus Caswell, Thomas Shepheard, Johannes Cuffe, Gabriel Barber, Willelmus Deereblocke, Anthonius Withers, Georgius Scott, Edwardus Hackett, Johannes Kirrell, Thomas Morris, Willelmus Webb, Ricardus Bull, Willelmus Nicholls, Patricius Copeland, Willelmus Browne, Georgius Smyth, Ricardus Tom- lyns, Edwardus Brewster, Willelmus Ewens, Thomas Winston, Georgius Swinhowe, Edwardus Ryder, Gilbertus Morewood et Edmundus Morgan et omnes alii liberi homines Societatis predicte per totum tempus supra- dictum super dictum dominum Regem nunc usurpaverunt et adhuc usurpant in dicti domini Regis nunc et sue regie prerogative grave damp- num et prejudicium ac in magnum contemptum dicti domini Regis nune coronae et dignitatis suae, unde idem attornatus dicti domini Regis pro eodem domino Rege petit advisamentum curie in premissis et debitum legis processum versus ipsos Nicholaum ffarrer, Edwinum Sandis, Johan- nem Danvers, Johannem ffarrer, Thomam Kiteley, Thomam Wheatley, Ricardum Caswell, Thomam Shepheard, Johannem Cuffe, Gabrielem Barber, Willelmum Deereblock, Anthonium Withers, Georgium Scott, Edwardum Hackett, Johannem Kirrell, Thomam Morris, Willelmum Webb, Ricardum Bull, Willelmum Nicholls, Patricium Copeland, Willel- mum Browne, Georgium Smithe, Ricardum Tomlyns, Edwardum Brewster, Willelmum Ewens, Thomam Winston, Georgium Swinhowe, Edwardum Ryder, Gilbertum Morewood et Edmundum Morgan et omnes alios liberos homines Societatis predicte in hac parte fieri ad respondendum dicto domino Regi Quo Warranto clamant habere libertates, privilegia et ffran- chesias predictas etc. per quod preceptum fuit vicecomiti quod non omit- tat etc quin venire faciat eos ad respondendum etc
p. 2.
p. 3.
p. 4.
Et modo, scilicet, die Veneris proxima post XVam Sancti Martini isto eodem termino coram domino Rege apud Westmonasterium venerunt predicti Nicholaus ffarrar, Johannis Danvers, miles, Johannis ffarrar, Thomas Wheatley, Ricardus Caswell, Thomas Shepheard, Johannis Cuffe, Gabriel Barber, Anthonius Withers, Georgius Scott, Johannes Kirrell, Thomas Morris, Willelmus Webb, Ricardus Bull, Willelmus Nicholls, Patricius Copeland, Georgius Smythe, Ricardus Tomlyns, Edwardus Brewster, Willelmus Ewens, Georgius Swinhowe, Edwardus Ryder, Gil- bertus Morewood, et Edmundus Morgan 1
From the list of thirty persons impleaded by name, as given in the four repetitions preceding this point in the record, six names—those of Sir Edwin Sandys, Thomas Kiteley, William Deere- block, Edward Hackett, William Browne, and Doctor Thomas Winston—are here omitted, and they are omitted hereafter, so that in all its many subsequent repetitions the list consists of these same twenty-four names. From this point on, their repetition is therefore dispensed with.
liberi homines et periclitatores et plantatores, Anglice, Adventurers & planters, civitatis Londonie pro prima colonia in Virginia et alii liberi homines existentes periclitatores et plantatores civitatis Londonie pro prima colonia in Virginia per Edwardum Offley, attornatum suum et petunt auditum informacionis predicte et eis legitus etc. qua lecta et audita iidem Nicholaus ffarrer, Thomas Wheatley, Ricardus Caswell, Johannes Cuffe, Gabriel Barber, Georgius Scott, Johannes Kirrell [et al.—the same 24 names, "liberi homines", etc., "et alii liberi homines", etc.], dicunt quod ipsi non intendunt quod dictus dominus Rex nunc ipsos Nicholaum ffarrer [et al.—the same 24 names, "liberos homines", etc., "et alios liberos homines", etc.], occasione pre- missorum ulterius impetere seu occasionare velit aut debeat quia quoad habendum et clamandum libertates, privilegia et ffranchesias sequentes, videlicet, eosdem liberos homines et periclitatores et plantatores predicte civitatis Londonie pro prima colonia in Virginia fore incorporatos per nomen thesaurarii et Societatis periclitatorum et plantatorum civitatis Londonie pro prima colonia in Virginia ac per illud nomen placitare et implacitari in omnibus curiis et locis quibuscunque ac coram quibuscunque judicibus, justiciariis vel aliis personis quibuscunque tam in omnibus et singulis accionibus, sectis et querelis quam in omnibus et singulis aliis causis, negotiis, materiis et demandis quibuscunque, cuiuscunque sint generis, nature sive speciei ac per idem nomen fore personas habiles et in lege capaces ad perquirendum, habendum, recipiendum, capiendum et possidendum sibi et successoribus suis tam de dicto domino Rege quam de aliquibus aliis personis vel corporibus corporatis aliqua dominia, maneria, terras, tenementa, redditus, reverciones, revenciones, servicia, possessiones, hereditamenta, bona et catalla, licencias, libertates, ffranchesias, proficua, commoditates quecunque eis per prefatum nomen sive aliis personis sive alicui alie persone ad eorum usum data facta habita concessa sive confirmata ac per dictum nomen dare, concedere, dimittere, locare, disponere, assig- nare et alienare bona, catalla, terras, tenementa et hereditamenta sua quecunque, cuicunque persone vel quibuscunque personis ad eorum libitum iidem Nicholaus ffarrer [et al.—the same 24 names, "liberi homines", etc., "et alii liberi homines", etc.], dicunt quod ante predictum tempus in informacione predicta specificatum, scilicet, vicesimo tercio die Maii anno regni dicti domini Regis nunc Anglie etc. septimo, idem dominus Rex nunc per litteras suas patentes debito modo confectas sub magno sigillo suo Anglie sigillatas curieque dicti domini Regis nunc prolatas gerentes datum apud Westmonasterium eodem vicesimo tercio die Maii anno regni sui Anglie etc. septimo supradicto recitandas per easdem litteras patentes quod cum ad humiles supplicacionem et peticionem diversorum dilectorum et bene affectorum subditorum ipsius domini Regis intendentium deducere coloniam et facere habitacionem et plantacionem diversorum populi eiusdem domini Regis in illa parte Americe communiter vocata Virginia et aliis partibus et territoriis in America vel ad eundem dominum Regem pertinentibus vel que non fuissent possessa per aliquem principem chris- tianum vel populum infra quasdam metas et regiones idem dominus Rex per priores litteras patentes suas gerentes datum decimo die Aprilis anno regni sui Anglie ffrancie et Hibernie quarto et Scotie tricesimo nono con- cessisset Thome Bates, militi, Georgio Summers militi et aliis pro celeriori perimpleccione, Anglice, accomplishment, predicte plantacionis et habita- cionis quod ipsi dividerent seipsos in duas colonias una earum consistens de diversis militibus, generosis, mercatoribus et aliis de Civitate domini Regis Londonie vocata prima colonia et altera earum de diversis militibus, generosis et aliis de civitatibus Bristollie, Exonie et villa de Plymouth et aliis locis vocata secunda colonia et dedisset et concessisset plurima et diversa privilegia et libertates alterutri colonie pro earum quieta mansione, Anglice, setlinge, et bono regimine in eisdem prout per easdem priores litteras patentes plenius apparebat tunc pro eo quod diversi dilecti sub- diti dicti domini Regis tam periclitatores quam plantatores predicte prime colonie qui ante tempus confeccionis earundem litterarum patentium de predicto dato vicesimi tercii diei Maii anno regni eiusdem domini Regis septimo seipsos obnoxios reddidissent, Anglice, had engaged themselves, in permovendo negotio eiusdem plantacionis et deo auxiliante intendissent ulterius prosequi negotium illud usque ad felicem exitum tunc nuper humiliter supplicassent eundem dominum Regem quod in respectum magnarum expensarum suarum et discriminis et periclitacionis vitarum quamplurimorum eorum quas periculis et discriminibus objecissent in investigacione et plantacione patrie predicte idem dominus Rex dignaretur concedere eis ampliorem extencionem, Anglice, enlargment, et explana- cionem predicte concessionis privilegiorum et libertatum et quod tales con- siliarii et alii officiarii constituerentur inter eos ad ordinandum et dirigen- dum eorum negocia quales parati essent et vellent periclitari, Anglice, adventure, cum iis acetiam quorum habitaciones non adeo distabant a civitate Londonie quin ad convenientia tempora essent prompti et parati prebere consilium et auxilium prout occasiones requirerent idem dominus Rex intime affectans efficacem prosequucionem et felicem successum pre- dicte plantacionis et laude digna reputans eorum desideria in eodem negotio ut animosius progrederentur in perempleccione, Anglice, accomplishment, operis adeo excellentis et deo grati et regnis domini Regis utilis ex suis speciali gratia, certa scientia et mero motu pro seipso, heredibus et succes- soribus suis per easdem litteras patentes suas dedit et concessit et confir- mavit fidelibus et dilectis subditis suis Roberto, comiti Sarisburie, Thome, comiti Suffolcie, Henrico, comiti Southhamptonie, Willelmo, comiti Pem- broke, Henrico, comiti Lincolnie, 1Blank in MS.
comiti Dorsete, Thome, comiti Exeter, Philippo, comiti Mountgomerye, Roberto, domino Vicount Lisle, Theophilo, domino Howard de Walden, Jacobo Mountague, episcopo de Bath et Wells, Edwardo, domino Zouche, Thome, domino Laware, Wil- lelmo domino Monteagle, Radulpho, domino Eure, Edmundo domino Sheffeild, Grey domino Chandois, 1Blank in M.
domino Compton, Johanni, domi- no Peter, Johanni, domino Stanhop, Georgio, domino Carewe, Humfrido Welde, militi, domino maiore civitatis Londonie, Georgio Pearcey, armi- gero, Edwardo Cecill, militi, Georgio Wharton, militi, ffrancisco West, armigero, Willelmo Wade, militi, Henrico Nevill, militi, Thome Smith, militi, Olivero Cromwell, militi, Petro Manwood, militi, Drue Drurye, militi, Johanni Scott, militi, Thome Challoner, militi, Roberto Drurie, militi, Anthonio Cope, militi, Horatio Vere, militi, Edwardo Conway, militi, Willelmo Browne, militi, Maurice Barkley, militi, Roberto Mansell, militi, Amie Preston, militi, Thome Bates, militi, Anthonio Ashley, militi, Michaeli Sandis, militi, Henrico Carey, militi, Stephano Somes, militi, Calisotheni Brooke, militi, Edwardo Michelborne, militi, Johanni Ratcliffe, militi, Carolo Wilmott, militi, Georgio Moore, militi, Hugoni Wirralt, militi, Thome Dennys, militi, Johanni Hollis, militi, Willelmo Godolphin, militi, Thome Mounson, militi, Thome Ridgeway, militi, Johanni Brooke, militi, Roberto Killigrewe, militi, Henrico Peyton, militi, Ricardo William- son, militi, fferdinando Waynman, militi, Willelmo St. John, militi, Thome Holcroft, militi, Johanni Mallory, militi, Rogero Aston, militi, Waltero Cope, militi, Ricardo Wigmore, militi, Willelmo Cooke, militi, Herberto Crofte, militi, Henrico ffanshawe, militi, Johanni Smyth, militi, ffrancisco Wolley, militi, Edwardo Waterhouse, militi, Henrico Sokeforde, militi, Edwino Sandis, militi, Thome Wenman, militi, Johanni Trevor, militi, Warwicke Hebe, militi, Roberto Wrothe, militi, Johanni Townsende, militi, Christophero Perkins, militi, Daniele Donne, militi, Henrico Hub- berte, militi, ffrancisco Bacon, militi, Henrico Mountague, militi, Georgio Coppin, militi, Samueli Sandis, militi, Thome Rowe, militi, Georgio Sandis, militi, Thome ffreake, militi, Thome Horwell, militi, Carolo Kewe, militi, Baptiste Hicks, militi, Johanni Watts, militi, Roberto Carey militi, Wil- lelmo Romney, militi, Thome Middleton, militi, Hatton Cheeke, militi, Johanni Ogle, militi, Cavaller Meacocke, militi, Stephano Biddlesdon, militi, Thome Elmder, militi, Anthonio Awcher, militi, Roberto Johnson, militi, Thome Panton, militi, Charolo Morgan, militi, Stephano Powle, militi, Johanni Burlace, militi, Christofero Cleave, militi, Georgio Hay- ward, militi, Thome Dauks militi, Thome Dutton, militi, Anthonio fforest, militi, Roberto Payne, militi, Johanni Digby, militi, Dudley Digs, militi, Rowland Cotton, militi, doctori, Matheo Sutcliffe, doctori, Medowes, doctori, Turner, doctori, Poe, duci, anglice, captaine, Pagman, duci, Galfrido Holcrofte, duci, Raine, duci, Henrico Sprye, duci, Shelpton, duci, Sparke, duci, Thome Wyatt, duci, Brinsley, duci, Willelmo Courtney, duci, Harberte, duci, Clerke, duci, Dewhurste, duci, Johanni Blundell, duci, ffryer, duci, Lodovico Orwell, duci, Edwardo ffloyde, duci, Shusby, duci, Huntley, duci, Orme, duci, Woodhouse, duci, Mason, duci, Thome Hol- crofte, duci, Johanni Cooke, duci, Hollis, duci, Willelmo Prowde, duci, Henrico Woodhouse, duci, Linley, duci, Dexter, duci, Willelmo Winter, duci, Herle, duci, Johanni Bingham, duci, Burras, duci, Thome Conway, duci, Rookewood, duci, Willelmo Lovelace, duci, Johanni Ashley, duci, Thome Wynne, duci, Thome Mewtis, duci, Edwardo Horwood, duci, Michaeli Evered, duci, Connocke, duci, Miles, duci, Pyggott, duci, Ed- wardo Maria Wingfeilde, duci, Christofero Newporte, duci, Johanni Stile- more alias Ratcliffe, duci, Johanni Smythe, duci, Johanni Martine, Petro Wynne, duci, Waldoe, duci, Thome Wood, duci, Thomas Buttone, Georgio Bolles, armigero, vicecomiti Londonie, Willelmo Crashawe, clerico, bachi- lario sacre theologie, Willelmo Sebright, armigero, Christofero Brooke, armigero, Johanni Bingley, armigero, Thome Watson, armigero, Ricardo Parcivalt, armigero, Johanni Moons, armigero, Hugoni Brooke, armigero, Davidi Waterhouse, armigero, Anthonio Awcher, armigero, Roberto Bow- yer, armigero, Radulfo Ewens, armigero, Zacharie Jones, armigero, Georgio Calvert, armigero, Willelmo Dobson, armigero, Henrico Reynolds, armi- gero, Thome Walker, armigero, Anthonio Barnard, armigero, Thome Sandis, armigero, Henrico Sandis, armigero, Ricardo Sandis, filio Edwini Sandis, militis, Willelmo Oxenbridge, armigero, Johanni Parsons, armigero, Thome Willson, armigero, Johanni Bullocke, armigero, Johanni Waller, Thome Webb, Johanni Robinson, Willelmo Brewster, Roberto Evelyn, Henrico Daubeney, Ricardo Hacklyut, clerico, Johanni Eldred, mercatori, Willelmo Russell, mercatori, Johanni Merrick, mercatori, Ricardo Banys- ter, mercatori, Carolo Antony, aurifabro, Johanni Bancks, Willelmo Evans, Ricardo Humble, Roberto Chamberlayne, mercatori, Thome Barber, mercatori, Ricardo Poyntell, mercatori, Johanni ffletcher, mercatori, Thome Nicholls, mercatori, Johanni Stokes, mercatori, Gabrieli Archer, generoso, ffrancisco Covell, Willelmo Bonham, Edwardo Harrison, Johanni Wolstenholme, Nicholao Salter, Hugoni Evans, Willelmo Barners, Othoni Mawditt, Ricardo Staper, mercatori, Johanni Elkyn, mercatori, Willelmo Coyse, Thome Perkin, cooper, Humfrido Rainett, cooper, Hen- rico Jackson, Roberto Shingleton, Christofero Nicholls, Johanni Harper, Abrahamo Chamberline, Thome Shipton, Thome Carpenter, Anthonio Crewe, Georgio Holman, Roberto Hill, Cleophas Smyth, Radulfo Harryson, Johanni ffarmer, Jacobo Brearley, Willelmo Crosley, Ricardo Coxe, Johanni Gerringe, Ricardo Strongetharme, Iremonger, Thome Langton, Griffith Hinton, Ricardo Ironside, Ricardo Deane, Ricardo Turner, Wil- lelmo Leveson, mercer, Jacobo Chatfeilde, Edwardo Allen, Tedder Robert, Hildebrand Sprinson, Arthuro Mouse, Johanni Gardiner, Jacobo Russell, Ricardo Casewell, Ricardo Evans, Johanni Hawkens, Ricardo Kirrell, Ricardo Brooke, Matheo Scriven, generoso, Willelmo Stallenge, generoso, Arthuro Venn, generoso, Sandis Webb, generoso, Michaeli Phettiplace, generoso, Willelmo Phettiplace, generoso, Ambrosio Drusey, generoso, Johanni Taverner, generoso, Georgio Prettie, generoso, Petro Latham, generoso, Thome Mounfird, generoso, Willelmo Cantrell, generoso, Ricardo Wyffine, generoso, Radulfo Moreton, generoso, Johanni Cornellis, generoso, Martino ffreeman, Adriano Moore, Thome White, Edwardo Parkins, Roberto Offley, Thome Whitley, Georgio Pytt, Roberto Parkhurst, Thome Morris, Petro Vaulore, Galfrido Duffe, Johanni Gilbert, Willelmo Hancocke, Matheo Brownerigg, ffrancisco Turrell, Ranulpho Carter, Othwell Smyth, Thome Honneyman, Martino Bond, haberdasher, Roberto Johnson, Willelmo Younge, Johanni Woodall, Willelmo Holgate, Humfrido Westwoode, Ricardo Champion, Henrico Robinson, ffrancisco Mapps, Willelmo Sambatche, Rauley Crawshawe, Danieli Ducker, Thome Grave, Hugoni Willestone, Thome Culpepper de Wigsell, armigero, Johanni Cul- pepper, generoso, Henrico Lee, Josie Kirton, generoso, Johanni Porey, generoso, Henrico Collins, generoso, Georgio Burton, Willelmo Atkinson, Thome fforrest, Johanni Russell, Johanni Holte, Harman Harrison, Gabrieli Beadle, Johanni Beadle, Henrico Daucks, Georgio Scott, Edwardo ffleetewood, generoso, Ricardo Rogers, generoso, Arthuro Robinson, Roberto Robinson, Johanni Huntley, Johanni Grey, Willelmo Payne, Willelmo ffeilde, Willelmo Wattey, Willelmo Webster, Johanni Digley, Willelmo Carpenter, Thome Draper, Ricardo Glanviell, Arnaldo Lulls, Henrico Rowe, Willelmo Moore, Nicholao Grice, Jacobo Mounger, Nicholao Andrewes, Jerome Heydon, Iremonger, Johanni Durant, Johanni Quarles, Johanni West, Matheo Springham, Johanni Johnson, Christofero Hoare,p. 5.
p. 6.
p. 7.
Tobie Sneede, Georgio Barkley, Arthuro Pott, Thome Carles, Willelmo Barkley, Thome Johnson, Alexandro Bentts, duci, Willelmo Kinge, Georgio Sands, generoso, Jacobo White, generoso, Edwardo Wynn, Charolo Towler, Ricardo Reynolds, Edwardo Webb, Ricardo Maplesden, Thome Levers, Davidi Bone, Thome Wood, Roberto Hamore, Edwardo Barnes, mercer, Johanni Wright, mercer, Roberto Middleton, Edwardo Littffeild, Thome Webb, Radulfo Kinge, Roberto Coppyn, Jacobo Askewe, Christofero Nicholls, Willelmo Bardwell, Alexandro Childe, Lodovico Taite, Edwardo Ditchfeilde, Jacobo Swifte, Ricardo Widowes, aurifabro, Edwardo Brid- nell, Johanni Handforde, Edwardo Woller, Willelmo Palmer, haberdasher, Johanni Badger, Johanni Hodgson, Petro Mounsell, Johanni Corill, Johanni Busbridge, Willelmo Dun, Thome Johnson, Nicholao Venson, Thome Shipton, Nathanieli Wade, Ranulpho Wetwood, Matheo Deques- ter, Charolo Hawkins, Hugoni Hamersley, Abrahamo Cartwright, Georgio Bennett, Willelmo Cater, Ricardo Goddert, Henrico Cromewell, Phinee Pett, Roberto Cooper, Johanni Cooper, Henrico Neice, Edwardo Wilks, Roberto Bateman, Nicholas ffarrer, Johanni Newhouse, Johanni Cason, Thome Harris, generoso, Georgio Etherd, Thome Male, generoso, Ricardo Stratforde, Thome Richards, cooper, Johanni Westrowe, Edwardo Welch, Thome Brittayne, Thome Knowles, Octaviano Thorne, Edmundo Smyth, Johanni Marshe, Edwardo Carewe, Thome Pleydall, Ricardo Ley, Miles Palmer, Henrico Price, Johanni Josuah, generoso, Willelmo Clandy, Jeromie Pearcey, Johanni Bree, generoso, Willelmo Hamlson, Christofero Peckforde, Thome Huntt, Thome Tirnstone, Christofero Lamman, Johanni Haywarde, clerico, Ricardo Partridge, Allano Cotton, ffelici Wilson, Thome Colthrust, Georgio Wilmer, Andree Wilmer, Mauricio Llewellin, Thome Jedwin, Petro Burgoyne, Thome Burgoyne, Roberto Burgoyne, Roberto Smyth, Merchant Tayler, Edwardo Cage, Grocer, Thome Cannon, generoso, Willelmo Wilby, stationer, Clementi Wilmer, generoso, Johanni Clapham, generoso, Egidio ffrancis, generoso, Georgio Walker, sadler, Johanni Swinhowe, stationer, Edwardo Bushop, stationer, Leo White, generoso, Christofero Barton, Petro Benson, Ricardo Smyth, Georgio Procter, clerico, Millicent Ramsden, vidue, Josepho Soan, Thome Hin- shawe, Johanni Baker, Roberto Thornton, Johanni Davis, Edwardo ffacett, Georgio Nuce, generoso, Johanni Robinson, duci, Thome Wood, Willelmo Browne, shoemaker, Roberto Barker, shoemaker, Roberto Pennington, ffrancisco Burlye, clerico, Willelmo Quick, Grocer, Edwardo Lewis, grocer, Laurencio Campe, draper, Adamo Perkins, grocer, Ricardo Sheepheard, preacher, Willelmo Shekeley, haberdasher, Willelmo Tayler, haberdasher, Edwardo Lukyn, generoso, Johanni ffrancklyn, haberdasher, Johanni Southicke, Petro Peate, Georgio Isham, Ironmonger, Georgio Yardley, generoso, Henrico Shelley, Johanni Pratt, Thome Church, draper, Willelmo Powell, generoso, Ricardo ffrith, generoso, Thome Wheeler, draper, ffrancisco Hasellrigg, generoso, Hugoni Shipley, generoso, Johanni An- drews, seniori de Cambridge, ffrancisco Whister, generoso, Johanni Vassell, generoso, Ricardo Howle, Edwardo Barkley, generoso, Ricardo Knaris- brough, generoso, Nicholao Exton, draper, Willelmo Bennett, ffyshmonger, Jacobo Haywood, mercatori, Nicholao Isacke, mercatori, Willelmo Gibbs, mercatori, 1
Blank in MS.
Bushop, Barnard Michell, Isack Mighell, Johanni Streate, Edwardo Gale, Johanni Martine, generoso, Thome ffox, Luke Lodge, Johanni Woodlife, generoso, Riceo Webb, Vincent Lowe, Samueli Burnand, Edmundo Pears, haberdasher, Josue Gouge, Johanni St. John, Edwardo Vaughan, Willelmo Dun, Thome Alcocke, Johanni Andrewes, juniori de Cambridge, Samueli Smyth, Samueli Smyth [sic], Thome Gerrard, Thome Whittingham, Willelmo Canninge, Paulo Cannyng, Georgio Chandler, Henrico Vincent, Thome Keitley, Jacobo Skelton, Jacobo Mawtam, Georgio Webb, generoso, Josepho Newrough Smyth, Josie Maude, Radulfo Hamor, juniori, Edwardo Brewster filio Willelmi Brewster, Leonardo Harwood, mercer, Philippo Dreverdent, Willelmo Carpenter, Roberto Cookes, grocer, Laurencio Greene, grocer, Danieli Wynch, grocer, Humfrido Stike, grocer, Avery Dransfeild grocer, Johanni Hodges, grocer, Edwardo Beale, grocer, Thome Cutler, grocer, Radulfo Bisby, grocer, Johanni Whittingham, grocer, Johanni Hide, grocer, Matheo Shepheard, grocer, Thome Allen, grocer, Ricardo Hocker, grocer, Laurencio Mouncks, grocer, Johanni Tan- ner, grocer, Petro Gate, grocer, Johanni Blunt, grocer, Roberto Phillips, grocer, Roberto Berrisford, grocer, Thome Wells, generoso, Johanni Ellis, grocer, Henrico Colthurst, grocer, Johanni Crannedge, grocer, Thome Jenings, grocer, Edmundo Peshall, grocer, Timotheo Bathurst, grocer, Egidio Parslowe, grocer, Roberto Mildmay, grocer, Roberto Johnson, grocer, Willelmo Jansen, vintner, Ezechieli Smyth, Ricardo Murreton, Willelmo Sharpe, Roberto Ritch, Willelmo Stannard, inholder, Johanni Stockin, Willelmo Strachy, generoso, Georgio ffarmer, generoso, Thome Gills, clothworker, Abrahamo Daws, generoso, Thome Brockett, generoso, Georgio Batch, ffishmonger, Johanni Dike, ffishmonger, Henrico Spranger, Ricardo ffarryngton, Christofero Vertue, vintner, Thome Baylye, vintner, Georgio Robins, vintner, Tobie Hanson, grocer, Briano Spencer, Clementi Chitcheley, Johanni Starpe, generoso, Jacobo Cambell, iremonger, Cris- tofero Cletherowe, iremonger, Philippo Jacobson, Petro Jacobson de Antwerp, Willelmo Brakley, Miles Bankes, cutler, Petro Highley, grocer, Henrico John, generoso, Johanni Stikeley, merchant tayler, Johanni Levett, merchant, Thome Norincott, clothworker, Ricardo Venn, haberdasher, Thome Scott, generoso, Thome Jackson, merchant tayler, Georgio Hankyn- son, Thome Leyre, generoso, Matheo Cooper, Georgio Butler, generoso, Thome Lawson, generoso, Edwardo Smyth, haberdasher, Stephano Spar- rowe, Johanni Jones, merchant, Reynold Brewer, Thome Plomer, merchant, Jacobo Duppa, brewer, Rowland Coytmore, Willelmo Southerne, Georgio Whitmore, haberdasher, Anthonio Gosnold, juniori, Johanni Allen, ffish- monger, Simoni Yeomans, ffishmonger, Launceloto Davis, generoso, Johanni Hopkins, Aldermanno de Bristoll, Johanni Keatleby, generoso, Ricardo Cheny, goldsmith, Georgio Hooker, generoso, et Roberto Shen- inge, yeoman et aliis in eisdem litteris patentibus nominatis et talibus et tot, quales et quot ipsi tunc imposterum admittent coniungi eis sub modo in eisdem litteris patentibus expresso utrum illi migrarent in personis suis esse plantatores ibidem in plantacione predicta vel non migrarent sed periclitarentur pecunias, bona vel catalla sua quod ipsi essent unum corpus vel communitas perpetua et haberent perpetuam successionem et unum commune sigillum deserviendum eidem corpori vel communitati et quod ipsi et sucessores sui cognoscerentur, vocarentur et incorporati essent per nomen thesaurarii et societatis periclitatorum et plantatorum civitatis Londonie pro prima colonia in Virginia et quod ipsi et successores sui extunc in perpetuum essent habiles capere, acquirere et perquirere, Anglice, purchase, per predictum nomen (licencia adinde ab eodem domino Rege, heredibus et successoribus suis prius habita et obtenta) qualiacunque terras, tenementa et hereditamenta, bona et catalla infra regnum ipsius domini Regis Anglie et dominium Wallie et quod ipsi et successores sui similiter essent habiles per nomen predictum placitare et implacitari coram aliquibus judicibus vel justiciariis dicti domini Regis in aliquibus curiis dicti domini Regis et in aliquibus accionibus vel sectis quibuscunque prout per easdem litteras patentes inter alia plenius liquet et apparet Quorum quidem premissorum pretextu iidem Nicholaus ffarrer, [et al.—the same 24 names, "liberi homines", etc., "et alii liberi homines", etc.], ante predictum tempus in informacione predicta specificatum fuerunt et adhuc sunt incorporati per nomen Thesaurarii et Societatis periclitatorum et plantatorum civitatis Londonie pro prima colonia in Virginia. Et eo warranto virtute litterarum patentium predictarum iidem Nicholaus ffarrer [et al.—the same 24 names, "liberi homines", etc., "et alii liberi homines", etc.], per tempus predictum in informacione predicta specifica- tum fuerunt et sunt et clamant esse corpus incorporatum per nomen Thesaurarii et Societatis periclitatorum et plantatorum predicte civitatis Londonie pro prima colonia in Virginia ac clamant et utuntur per illud nomen placitare et implacitari in omnibus curiis et locis quibuscunque ac coram quibuscunque judicibus, justiciariis vel aliis personis quibuscun- que tam in omnibus et singulis accionibus, sectis et querelis quam in omnibus et singulis aliis causis, negotiis, materiis et demandis quibus- cunque cuiuscunque sint generis, nature sive speciei ac per idem nomen clamant fore personas habiles et in lege capaces ad perquirendum, haben- dum, recipiendum, capiendum et possidendum sibi et successoribus suis tam de dicto domino Rege quam de aliquibus aliis personis vel corporibus corporatis aliqua dominia, maneria, terras tenementa, redditus, rever- ciones, revenciones, servicia possessiones, hereditamenta, bona et catalla licencias, libertates, franchesias, proficua commoditates quecunque eis per prefatum nomen sive aliis personis vel alicui alie persone ad eorum usum data, facta, habita, concessa sive confirmata ac per dictum nomen dare, concedere, dimittere, locare, disponere, assignare et alienare bona et catalla, terras, tenementa et hereditamenta sua quecunque cuicunque per- sone vel quibuscunque personis ad eorum libitum prout eis bene licuit et licet. Et quoad habendum et clamandum libertates, privilegia et ffran- chesias sequentes, videlicet, habere unum consilium infra hoc regnum Anglie continue residens consistere de diversis hominibus eiusdem Societatis et nominare, eligere et jurare quoscunque voluerint fore de consilio illo, necnon habere unum consilium continue residens in dictis partibus trans- marinis in Virginia consistere de diversis hominibus per ipsos nominandis et eligendis et nominare, eligere et jurare quoscunque voluerint fore de consilio illo iidem Nicholaus ffarrer [et al.—the same 24 names, "liberi homines", etc., "et alii liberi homines", etc.], dicunt quod ante predictum tempus in informacione predicta specificatum, scilicet, decimo die Aprilis anno regni dicti domini Regis nunc Anglie etc. quarto idem dominus Rex nunc per litteras suas patentes debito modo confectas magno sigillo suo Anglie sigillatas gerentes datum apud Westmonasterium eodem decimo die Aprilis anno regni sui quarto supradicto ac in curia cancellarie predicti domini Regis nunc apud Westmonasterium in comitatu Middlesexie tunc existentes debito modo de recordo irrotulatas, tenorem irrotulamenti quarumquidem litterarum patentium iidem Nicholaus ffarrer [et al.—the same 24 names, "liberi homines", etc., "et alii liberi homines", etc.], hic in curia proferunt recitandum quod cum dilecti et bene dispositi subditi ipsius domini Regis Thomas Gates, miles, Georgius Sommers, miles, Ricardus Hackluite, clericus, prebendarius de Westmonasterio, Edwardus Maria Winckfeild, Thomas Hannam, Rawleighe Gilbert, armiger, Wil- lelmus Parker et Georgius Popham, generosi et diversi alii dilectorum subditorum ipsius domini Regis extitissent humiles supplicatores eidem domino Regi quod idem dominus Rex dignaretur concedere eis licenciam facere habitacionem et plantacionem et deducere coloniam de diversis populi eiusdem domini Regis in illa parte Americe communiter vocata Virginia et aliis partibus et territoriis in America vel spectantibus eidem domino Rege vel que non fuerunt actualiter possessa per aliquem Chris- tianum principem vel populum scituatis, jacentibus et existentibus per oram maritimam, Anglice, all alonge the sea coast, inter triginta quatuor gradus borealis latitudinis et alia equinoctialia linea et quadraginta quinque gradus eiusdem latitudinis et in continenti, Anglice, in the mayne land, inter predictos triginta quatuor et quadraginta quinque gradus et insulam adinde adjacentem vel infra centum milliaria ore illius, Anglice, of the coast thereof, et ad finem illum et pro celeriori accomplemento predicte proposite plantacionis et habitacionis ibidem ipsi desiderabant dividere seipsos in duas colonias et societates una earum consistente de quibusdam militibus, generosis, mercatoribus et aliis periclitatoribus ipsius domini Regis de civitate sua Londonie et alibi qui tunc fuerunt vel de tempore in tempus essent conjuncti eis qui desiderabant incipere eorum plantaciones et habitaciones in aliquo idoneo et convenienti loco inter trecesimum quar- tum et quadragesimum primum gradus predicte latitudinis per oram, Anglice, all alonge the coast, de Virginia et oram de America predicta, Et altera earundem coloniarum consistente de diversis militibus, generosis, mercatoribus et aliis periclitatoribus de civitatibus ipsius domini Regis Bristollie et Exonie et villa sua de Plymouth et aliis locis qui coniungebant se eidem colonie qui desiderabant incipere eorum plantaciones et habita- ciones in aliquo idoneo et convenienti loco inter triginta octo et quadraginta quinque gradus predicte latitudinis per predictam oram de Virginia et America prout ora illa jacet, idem Dominus Rex multum laudans et gratiose acceptans eorum peticiones in sublevamen, Anglice, to the furtherance, adeo nobilis operis quod per providenciam dei omnipotentis proveniret ad glo- riam sue divine maiestatis in propagacione Christiane religionis tali populo quales tunc vixerunt in tenebris et miserabili ignorantia vere scientie et cultus dei et potuissent in tempore adducere infideles et barbaros degentes in illis partibus ad humanam civilitatem et ad quietam et pacificam guber- nacionem idem Dominus Rex per easdem litteras patentes suas gratiose accepit et consensum suum dedit eorum humilimis et bene propositis desideriis et idcirco pro se, heredibus et successoribus suis concessit et agreavit quo predicti Thomas Gates, miles, Georgius Summers, miles, Ricardus Hackluit et Edwardus Maria Winckfeild periclitatores predicte civitatis Londonie et omnes tales alii quales tunc fuerunt vel essent con- iuncti eis de eadem colonia vocarentur prima colonia Et quod ipsi potuis- sent incipere eorum primam plantacionem et locum prime commoracionis et inhabitacionis suarum in aliquo loco super predictam oram de Virginia vel America ubi existimarent idoneum et conveniens inter predictos triginta quatuor et quadraginta unum gradus predicte latitudinis. Et ulterius idem Dominus Rex per easdem litteras patentes suas ordinavit, stabilivit et agreavit pro se, heredibus et successoribus suis quod utraque earundem coloniarum haberet consilium utrumque quorum quidem consiliorum con- staret de tredecim personis et haberent separale sigillum pro omnibus materiis que tangerent eadem separalia consilia in utroque quorum quidem sigillorum arma et insignia eiusdem domini Regis insculparentur in una parte inde, Anglice, on the one side thereof, Et effigies, Anglice, the por- trature, eiusdem domini Regis ex altera parte inde, Et quod in circuitu sigilli pro consilio predicte prima colonie insculparentur ex una parte eiusdem hec verba, sigillum Regis Magne Britanie, ffrancie et Hibernie, et in altera parte eiusdem esset hec inscripcio, pro consilio prime colonie Virginie, Et etiam quod consilium stabiliretur hic in Anglia quod similiter constaret de tredecim personis ea de causa constituendis per ipsum dominum Regem, heredes vel successores suos quod vocaretur consilium domini Regis de Virginia. Quodquidem consilium similiter haberet sigillum pro materiis concernentibus idem consilium cum similibus insignibus et effigie ut prefertur cum hac inscripcione insculpta in circuitu unius partis, Anglice, round about on the one side, eiusdem, sigillum Regis Magne Britanie, ffrancie et Hibernie, et in circuitu alterius partis inde, pro consilio suo Virginie, prout per exemplificacionem irrotulamenti dic- tarum litterarum patentium quam quidem Nicholaus ffarrer [et al.—the same 24 names, "liberi homines", etc., "et alii liberi homines", etc.], magno sigillo dicti domini Regis nunc Anglie sigillatam hic in curia pro- ferunt secundum formam statuti in huiusmodi casu inde nuper editi et provisi cuiusquidem exemplificacionis datum est apud Westmonasterium vicesimo die Decembris anno regni dicti domini Regis nunc Anglie etc vicesimo primo plenius apparet. Et ulterius iidem Nicholaus ffarrer [et al.—the same 24 names, "liberi homines", etc., "et alii liberi homines", etc.], dicunt quod ante predictum tempus in informacione predicta superius specificatum, scilicet, predicto vicesimo tercio die Maii anno regni dicti domini Regis nunc Anglie etc. septimo supradicto idem Dominus Rex nunc per predictas litteras suas patentes gerentes datum apud Westmon- asterium eodem vicesimo tercio die Maii anno regni sui Anglie etc. septimo supradicto secum reputans bonum et felicem successum predicte planta- cionis predicte prime colonie in Virginia precipue pendere proxime sub benediccione dei et sullevamine regie sue authoritatis super provida et bona directione totius conatus, Anglice, enterprise, per sollicitudinem et prudentiam consilii et quod non fuit conveniens quod omnes periclitatores tam sepe cogerentur convenire et congregare prout requisitum foret eis convenire et colloqui, Anglice, conferre, circa eorum negotia idcirco per easdem litteras patentes ordinavit, stabilivit et confirmavit quod esset imperpetuum unum consilium residens in Anglia juxta tenorem predic- tarum priorum litterarum patentium eiusdem domini Regis quodquidem consilium haberet sigillum pro melioribus gubernacione et administracione predicte plantacionis preterquam predictum legale sigillum predicte societatis vel corporacionis.p. 8.
p. 9.
p. 10.
p. 11.
Et ulterius idem Dominus Rex per easdem litteras patentes suas stabi- livit et ordinavit quod Henricus, Comes Southamptonie, Willelmus, comes Pembroke, Henricus, comes Lincolnie, Thomas, comes Exonie, Robertus, Dominus vicount Lisle, Dominus Theophilus Howard, Jacobus, Dominus Episcopus Bathoniensis et Wellensis, Edwardus, Dominus Zouche, Thomas, Dominus la Warr, Willelmus, Dominus Mounteagle, Edmundus, Dominus Sheffeild, Gray, Dominus Chandois, Johannes, Dominus Stanhope, Georgius Dominus Carewe, Humfridus Weld, Dominus maior de Londonia, Edwardus Cecill, miles, Willelmus Wade, miles, Henricus Nevill, miles, Thomas Smyth, miles, Oliverus Cromewell, miles, Petrus Manwood, miles, Thomas Challoner, miles, Henricus Hobarte, miles, ffranciscus Bacon, miles, Georgius Coppin, miles, Johannes Scott, miles, Henricus Cary, miles, Robertus Drury, miles, Horatio Vere, miles, Edwardus Conway, miles, Mawricius Barkley, miles, Thomas Gattes, miles, Michael Sandis, miles, Robertus Mansell, miles, Johannis Trevor, miles, Amias Preston, miles, Willelmus Godolphin, miles, Walterus Cope, miles, Robertus Killigrue, miles, Henricus ffanshawe, miles, Edwinus Sandis, miles, Johannes Watts, Henricus Mountague, miles, Willelmus Romney, miles, Thomas Rowe, miles, Baptistes Hicks, miles, Ricardus Williamson, miles, Stephanus Poole, miles, Dudleus Digs, miles, Christo- ferus Brooke, Johannes Eldred et Johannes Wolstenholme essent consi- lium eiusdem domini Regis pro predicta societate periclitatorum et plan- tatorum in Virginia Et quod Thesaurarius Societatis predicte haberet authoritatem dandi ordinem pro summonicione consilii et summonicione Societatis predicte ad eorum curias et congregaciones, Anglice, meetings, Et quod predictum consilium vel aliquie eorum essent extunc nominati, electi, continuati, amoti, Anglice, displaced, mutati, alterati et suppedi- tati, Anglice, supplyed, prout mors vel alie separales occasiones requirerent e societate predicta periclitatorum predictorum per voces maioris partis predicti consilii et periclitatorum in eorum congregacione ea de causa. Et ulterius idem Dominus Rex de sua speciali gratia, certa scientia et mero motu suis pro se, heredibus et successoribus suis per easdem litteras patentes dedit et concessit plenas potestatem et authoritatem predicto consilio eiusdem domini Regis residenti in Anglia tam ad idem presens tempus quam tunc imposterum de tempore in tempus nominare, facere, constituere, ordinare et confirmare per talia nomen et nomina, appellacio- nem vel appellaciones, Anglice, stile or stiles, qualia eis viderentur idonea et similiter revocare, exonerare, mutare et alterare tam omnes et singulos gubernatores, officiarios et ministros qui antetunc facti fuissent quam qui extunc existimarentur idonei et necessarii fiendi vel utendi pro guberna- cione predicte colonie et plantacionis, acetiam facere, ordinare et stabilire omnimodos ordines, leges, directiones, instrucciones, formas et ceremonias, gubernaciones et magistratus idoneos et necessarios pro et tangentes gu- bernacionem predicte colonie et plantacionis Et eosdem ad omnia tempora tunc postea abrogare, revocare, vel mutare non solum infra precinctus eiusdem prime colonie sed etiam super maria in transfretacione ad eandem coloniam et ab eadem quales ipsi in eorum sana discretione existimarent aptissimos pro bono periclitatorum et inhabitancium ibidem prout per eas- dem litteras patentes inter alia plenius liquet et apparet. Et ulterius iidem Nicholaus ffarrer, [et al.—the same 24 names, "liberi homines", etc., "et alii liberi homines", etc.], dicunt quod ante predictum tempus in Informacione predicta superius specificatum scilicet duodecimo die Martii anno regni dicti domini Regis nunc Anglie etc. nono idem Dominus Rex per litteras suas patentes debito modo confectas magno sigillo suo Anglie sigillatas curieque dicti domini Regis nunc hic prolatas gerentes datum apud Westmonasterium eodem duodecimo die Martii anno regni sui Anglie etc nono supradicto pro seipso, heredibus et successoribus suis con- cessit prefato Thesaurario et Societati et Successoribus suis quod licitum esset prefato Thesaurario vel Deputato suo pro tempore existenti vel aliquibus duobus aliis de consilio eiusdem domini Regis pro predicta prima colonia in Virginia pro tempore existenti de tempore in tempus ad omnia tempora tunc imposterum ministrare tale formale iuramentum quale per eorum discretionem rationabiliter devisaretur tam aliquibus persone vel personis use vel usis, utende vel utendis in pro vel tangens predictam plan- tacionem pro eorum honesta, fideli et justa exoneracione eorum servicii in omnibus talibus materiis qualia committentur eis pro bono et beneficio predicte Societatis, colonie et plantacionis quam talibus aliis persone vel personis quales predictus Thesaurarius vel eius Deputatus cum duobus aliis de predicto consilio existimarent idoneos pro examinacione vel manifestacione veritatis in aliqua causa quacunque concernente predictam plantacionem vel aliquod negotium exinde proveniens vel adinde spectans.
p. 12.
Et eo Warranto iidem Nicholaus ffarrer [et al.—the same 24 names, "liberi homines", etc., "et alii liberi homines", etc.], per tempus predictum in Informacione predicta superius specificatum habuerunt et usi fuerunt et clamant habere unum consilium infra hoc regnum Anglie continue residens consistere de diversis hominibus eiusdem societatis et nominare eligere et jurare quoscunque voluerint de Societate predicta fore de consilio illo et non aliter neque alio modo.
Et eo Warranto habuerunt et clamant etiam habere unum consilium con- tinue residens in dictis partibus transmarinis in Virginia consistere de diversis hominibus per ipsos nominandis et eligendis et nominare, eligere et jurare quoscunque voluerint de Societate predicta fore de consilio illo et non aliter neque alio modo prout eis bene licuit et licet cum quod iidem Nicholaus ffarrer, [et al.—the same 24 names, "liberi homines", etc., "et alii liberi homines", etc.], verificare volunt quod predicte littere patentes predicti domini Regis gerentes datum predicto decimo die Aprilis anno regni sui quarto supradicto adhuc in plenis robore, effectu et vigore existunt et remanent non legitime sursumreddite neque cancellate. Et quoad habendum et clamandum libertates, privilegia et ffranchesias sequentes, videlicet, habere diversa communia sigilla pro omnibus et singulis causis et negotiis suis agendis et illa ad libitum suum frangere, mutare et de novo facere iidem Nicholaus ffarrer, [et al.—the same 24 names, "liberi homines", etc., "et alii liberi homines", etc.], dicunt quod ante predictum tempus in Informacione predicta specificatum, scilicet, predicto vicesimo tercio die Maii anno regni dicti domini Regis nunc Anglie etc. septimo supradicto idem Dominus Rex per predictas litteras suas patentes gerentes datum apud Westmonasterium eodem vicesimo tercio die Maii anno regni sui Anglie etc. septimo supradicto concessit Thesaurario et Societati predictis quod ipsi haberent unum com- mune sigillum ad deserviendum eidem corpori et communitati. Et ulterius idem Dominus Rex secum reputans bonum et felicem successum predicte plantacionis precipue pendere proxime sub benediccione dei et subleva- mine regie sue authoritatis super provida et bona directione totius conatus, Anglice, enterprize, per sollicitudinem et prudentiam consilii et quod non fuit conveniens quod omnes periclitatores tam sepe cogerentur convenire et congregare prout requisitum foret eis convenire et colloqui, Anglice, con- ferre, circa eorum negocia per easdem litteras patentes ordinavit stabilivit et confirmavit quod esset imperpetuum unum consilium residens in Anglia juxta tenorem priorum litterarum patentium ipsius domini Regis quod quidem consilium haberet sigillum pro meliore gubernacione et adminis- tracione predicte plantacionis preterquam legale sigillum Societatis vel corporacionis predicte prout in predictis litteris patentibus fuit expressum prout per easdem litteras patentes gerentes datum predicto vicesimo tercio die Maii anno regni dicti domini Regis nunc Anglie etc. septimo supradicto inter alia plenius liquet Et ulterius iidem Nicholaus ffarrer [et al.] dicunt quod in predictis prioribus litteris patentibus ipsius domini Regis gerentibus datum predicto decimo die Aprilis anno regni ipsius domini Regis Anglie quarto supradicto in hoc placito superius mencionato predictus Dominus Rex concessisset quod consilium ipsius domini Regis in Anglia per easdem litteras patentes gerentes datum eodem decimo die Aprilis anno quarto supradicto stabilitum pro Virginia haberet sigillum pro materiis concernen- tibus predictum consilium cum armis et insignibus ipsius domini Regis insculptis ex una parte, Anglice, on the one side, et effigie ipsius domini Regis ex altera parte inde cum inscripcione in circuitis unius partis, Anglice, round about on the one side sigillum Regis Magne Britanie, ffrancie et Hibernie, et in circuitu alterius partis eiusdem sigilli, pro consilio suo Virginie, prout in hoc placito superius specificatum existit.
p. 13.
Et eo Warranto virtute predictarum litterarum patentium ipsius domini Regis gerentium datum predicto vicesimo tercio die Maii anno regni dicti domini Regis nunc Anglie etc. septimo supradicto iidem Nicholaus ffarrer [et al.] per tempus predictum in Informacione predicta superius specificatum habuerunt et usi fuerunt habere et clamant habere et uti diversa communia sigilla videlicet unum ad deserviendum predicto corpori et communitati et societati predicto et aliud pro consilio ipsius domini Regis pro Virginia residenti in Anglia sub forma superius recitata Et similiter clamant sigilla illa ad libitum suum frangere, mutare et de novo facere prout eis bene licuit et licet.
Et quoad libertates privilegia et ffranchesias videlicet eosdem Nicholaum ffarrer [et al.] habere potestatem et authoritatem quandocunque eis pla- cuerit nominare, constituere et jurare unum de seipsis fore Thesaurarium eiusdem Societatis ac unum alium de seipsis fore Deputatum Thesaurarii eiusdem Societatis acetiam nominare constituere et jurare de seipsis tot et tales alios officiarios et ministros tam infra hoc regnum Anglie residentes quam in patria de Virginia in partibus transmarinis inhabitantes et resi- dentes quot et quales eis placuerit et Gubernatorem, Thesaurarium, Depu- tatum et alios officiarios et ministros illos ad libitum suum proprium exonerare, amovere, alterare et mutare iidem Nicholaus ffarrer [et al.] dicunt quod ante predictum tempus in Informacione predicta superius specificatum scilicet predicto vicesimo tercio die Maii Anno regni dicti domini Regis nunc Anglie etc. septimo supradicto idem Dominus Rex Jacobus per predictas litteras suas patentes gerentes datum apud West- monasterium predicto vicesimo tercio die Maii Anno regni sui septimo supradicto ordinavit Thomam Smyth militem fore Thesaurarium Societatis predicte Et quod Thesaurarius extunc nominaretur, eligeretur, continuere- tur, amoveretur, mutaretur, alteraretur et compleretur prout mors vel alie occasiones requirerent extra predictam Societatem periclitatorum pre- dictorum per voces maioris partis consilii et periclitatorum in eorum con- gregacione, Anglice, assemblie, ea de causa. Et ulterius idem Dominus Rex per easdem litteras patentes suas ex suis speciali gratia, certa scientia et mero motu pro se, heredibus et successoribus suis concessit prefato Thome Smyth, militi, Thesaurario antedicto et Societati et eorum succes- soribus quod si continget ad aliquod tempus vel aliqua tempora Thesau- rarium pro tempore existente aegrotare vel habere aliquam talem causam absentie a civitate Londonie qualis approbaretur per consilium vel maiorem partem eiusdem congregatum Ita quod adesse non posset negotiis Societatis predicte in quolibet tali casu liceret et licitum esset tali Thesaurario pro tempore existenti assignare, constituere et substituere, anglice, to appointe, unum de consilio pro eadem Societate similiter approbandum per idem consilium vel maiorem partem eiusdem congregatum fore Deputatum Thesaurarii pro eadem Societate qui quidem Deputatus haberet potesta- tem ad faciendum et exequendum omnia spectantia predicto Thesaurario durante tali tempore quali talis Thesaurarius vel aegrotaret vel aliter abesset ex causa approbata per predictum consilium vel maiorem partem eiusdem, ut profertur, adeo plene, totaliter et in tam largis et amplis modo et forma ad omnia intenciones et preposita qualiter predictus Thesau- rarius si ipse adesset potuisset exequi eadem.
p. 14.
Et ulterius idem Dominus Rex ex suis speciali gratia, certa scientia et mero motu pro se, heredibus et successoribus suis per easdem litteras patentes dedit et concessit plenas potestatem et authoritatem predicto consilio ipsius domini Regis in Anglia residenti tam tunc quam extunc imposterum de tempore in tempus nominare, facere, constituere, ordinare et confirmare per talia nomen et nomina, appellacionem vel appellaciones, Anglice, stile or stiles, qualia eis viderentur fore expedientia et similiter revocare, exonerare, mutare et alterare tam omnes et singulos gubernatores, offi- ciarios et ministros qui preantea facti fuissent quam eos qui extunc imposte- rum existimarentur idonei et necessarii fiendi vel utendi pro gubernacione predicte colonie et plantacionis prout per easdem litteras patentes inter alia plenius liquet et apparet. Et ulterius iidem Nicholaus ffarrer [et al.] dicunt quod ante predictum tempus in Informacione predicta superius specificatum scilicet duodecimo die Martii anno regni dicti domini Regis nunc Anglie etc. nono idem Dominus Rex per predictas litteras patentes suas gerentes datum apud Westmonasterium eodem duodecimo die Martii anno regni sui Anglie etc. nono supradicto per ipsum dominum Regem prefato Thesaurario et Societati periclitatorum et plantatorum predicte Civitatis Londonie pro predicta colonia in Virginia concessas pro meliori regimine predicte Societatis et colonie ordinavit et concessit eisdem The- saurario et Societati periclitatorum et plantatorum predictorum quod pro tractacione, ordinacione et dispositione materiarum et negotiorum maiorum valoris et momenti, Anglice, of weight and importance, et talium qualia quovismodo tangerent rem publicam et generale bonum predicte Societatis et plantacionis veluti modi gubernacionis de tempore in tempus utendi, ordinacionis et dispositionis terrarum et possessionum et positionis, Anglice, setlinge, et Stabilimenti commertii ibidem vel huius modi teneretur et haberetur quolibet anno in penultimo die mercurii Terminorum Sancti Hillarii, Pasche, Sancte Trinitatis et Sancti Michaelis imperpetuum una magna generalis et solennis congregacio que quidem quatuor generales congregaciones nuncuparentur et vocarentur quatuor magne et generales curie consilii et societatis periclitatorum pro Virginia in omnibus et singulis quibus magnis et generalibus curiis ita congregatis idem Dominus Rex voluit et celsitudini sue placebat et pro se, heredibus et successoribus suis imperpetuum dedit et concessit prefato Thesaurario et Societati et suc- cessoribus suis per easdem litteras patentes quod ipsi predicti Thesaura- rius et Societas vel maior numerus eorum ita congregatorum haberent plenas potestatem et authoritatem de tempore in tempus et ad omnia tempora extunc imposterum nominare et constituere, Anglice, appoint, tales officiarios quales eis viderentur idonei et requisiti pro regimine, gubernacione, ordinacione et dispositione negotiorum eiusdem Societatis. Et ulterius idem Dominus Rex pro se ipso, heredibus et successoribus suis per easdem litteras patentes suas concessit prefato Thesaurario et Socie- tati et eorum successoribus imperpetuum quod licitum esset predicto Thesaurario vel eius deputato pro tempore existenti vel aliquibus duobus aliis de predicto consilio pro predicta prima colonia in Virginia pro tempore existente de tempore in tempus ad omnia tempora tunc imposterum ministrare tale formale juramentum quale per eorum discretiones ratio- nabiliter devisaretur tam aliquibus persone vel personis usis vel utendis, Anglice, employed or to be employed, in, per vel tangens predictam planta- cionem pro eius vel eorum honesta, fideli et iusta exoneracione servicii sui in omnibus talibus materiis quales ei vel eis committentur pro bono et beneficio predicte societatis, colonie, et plantacionis quam talibus persone vel personis quales predictus Thesaurarius vel Deputatus eius cum duobus aliis predicti consilii existimarent convenientes pro examinacione vel manifestacione veritatis in aliqua causa quacunque concernente predictam plantacionem vel aliquod negotium exinde progrediens vel adinde spectans prout per easdem litteras patentes ultime mencionatas inter alia plenius liquet et apparet. Et eo Warranto virtute separalium litterarum paten- tium predictarum iidem Nicholaus ffarrer [et al.] usi fuerunt et utuntur et clamant habere potestatem et authoritatem prout mors vel alie occasiones requirunt extra predictam societatem periclitatorum per voces maioris partis predicti consilii et periclitatorum in eorum congregacionibus ea de causa nominare, eligere, continuare, amovere vel suppeditare et constituere Thesaurarium Societatis predicte et similiter super aegrotacione Thesau- rarii vel alia tali causa absentie sue a predicta civitate Londonie qualis approbata fuerit per predictum consilium vel maiorem partem inde con- gregatam assignare, constituere et substituere unum de predicto consilio pro eadem Societate approbatum per maiorem partem predicti consilii fore Deputatum Thesaurarii eiusdem Societatis. Et similiter in eorum congregacionibus ea de causa Thesaurarius et Societas vel maior numerus eorum ita congregatorum per totum tempus in Informacione predicta specificatum usi fuerunt clamant et utuntur nominare et constituere, anglice, to appointe, tales officiarios et ministros de eadem societate quales eis videbantur idonei et requisiti pro regimine et gubernacione, ordinacione et dispositione negotiorum eiusdem Societatis et non aliter neque alio modo, Et quod super quibuslibet huius modi nominacione et constitucione alicuius huius modi Thesaurarii vel Deputati vel alterius officiarii vel ministri Thesaurarius Societatis predicte vel eius Deputatus pro tempore existenti vel duo alii de consilio pro predicta prima colonia in Virginia pro tempore existenti per totum tempus in Informacione predicta specificatum ministrabant tale formale juramentum quale pro eorum discretione rationabiliter divisatum fuit huiusmodi Thesaurario vel Deputato The- saurarii vel alio officario vel ministro sic nominato et electo utendo anglice, to be employed, in, pro vel tangenti predictam plantacionem pro eius vel eorum honesta, fideli et justa exoneracione servicii sui in omnibus talibus materiis quales ei vel eis comittebantur pro bono et beneficio pre- dictarum Societatis, colonie et plantacionis Et non aliter neque alio modo. Et similiter iidem Nicholaus ffarrer [et al.] eo Warranto clamant habere potestatem huius modi Gubernatorem, Deputatum et alios officiarios et ministros ad libitum suum proprium exonerare, amovere, alterare et mutare.
p. 15.
p. 16.
Et quoad libertates, privilegia et ffranchesias sequentes, videlicet, eosdem Nicholaum ffarrer [et al.] habere sibi et successoribus suis totas illas terras, patrias et territoria dicti domini Regis vocata Virginia et terras, patrias et territoria illa ad libitum suum proprium assignare, dare, vendere, alienare et disponere cuicunque persone et quibuscunque personis eis placuerit, Necnon habere regimen et solam gubernacionem omnium terrarum, patriarum et territoriorum predictorum iidem Nicholaus ffarrer [et al.] dicunt quod Dominus Jacobus nunc Rex Anglie fuit seisitus de tot illis terris, patriis et territoriis dicti domini Regis vocatis Virginia in Informacione predicta specificatis in dominico suo ut de feodo ipsoque domino Rege sic inde seisito existenti idem Dominus Rex ante predictum tempus in Informacione predicta specificatum scilicet predicto vicesimo tercio die Maii anno regni dicti domini Regis nunc Anglie etc. septimo supradicto per predictas litteras suas patentes gerentes datum apud Westmonasterium predicto vicesimo tercio die Maii anno regni sui septimo supradicto de speciali gratia, certa scientia et mero motu suis dedit, con- cessit et confirmavit prefato Thesaurario et Societati et eorum successoribus subter reservaciones, limitaciones et declaraciones in eisdem litteris paten- tibus postea specificatas omnes illas terras, patrias et territoria scituata, jacentia et existentia in illa parte Americe vocata Virginia a promontorio, Anglice, from the pointe of land, vocato Cape vel pointe Comforte per oram maritimam versus boream per ducenta milliaria et ab eodem promontorio vocato Cape Comforte per oram maritimam versus meridiem per ducenta milliaria ac totum illud spatium et circuitum terre jacens ab ora maritima precinctus predicti altius in terra trans, Anglice, throughout, a mari in mare versus occidentem et Boream Zephyrum, Anglice, Northwest, acetiam omnes insulas jacentes intra centum milliaria per oram maritimam utrius- que maris de precinctu predicto simulcum toto illo solo, fundo, portubus, mineris tam regalibus mineris auri et argenti quam aliis mineralibus, gemmis et preciosis lapidibus, quarreis, boscis, fluminibus, aquis, piscariis, commoditatibus, jurisdiccionibus, regalitatibus, privilegiis, ffranchesiis et preheminensiis intra eadem territoria et precinctus eorundem quorum- cunque et eisdem vel circa ea tam per mare quam per terram existentibus vel aliquo modo spectantibus vel pertinentibus que idem Dominus Rex per litteras suas patentes potuisset concedere et in tam amplis modo et forma quam idem Dominus Rex per litteras suas patentes potuisset concedere et in tam amplis modo et forma quam idem Dominus Rex vel aliquis pro- genitorum suorum preantea concessisset vel concessissent alicui Societati, corpori politico vel corporato, vel alicui periclitatori vel aliquibus periclita- toribus, sumenti vel sumentibus, super se aliquas investigationes, Anglice, discoveries, plantaciones vel commertium de, in vel 1
Sic.
aliquas terras remotas vel extraneas quascunque in tam largo et amplo modo ac si eadem in eisdem litteris patentibus particulariter mencionata, et expressa fuissent habendum et tenendum possidendum et gaudendum, omnia et singula predicta terras, patrias et territoria cum omnibus et singulis aliis premissis superius per easdem litteras patentes concessis vel mencionatis concedi ipsis prefatis Thesaurario et Societati eorum Successoribus et assignibus imperpetuum ad solum et proprium usum eorundem Thesaurii et Societatis Successorum et assignorum suorum tenenda de eodem domino Rege, heredibus et successoribus suis ut de manerio suo de Eastgreenewich in libero et com- muni socagio et non in capite reddendo et solvendo pro eisdem prefato domino Rege, heredibus et successoribus suis quintam partem tantummodo totius metalli, Anglice, Oare, auri et argenti quod de tempore in tempus et ad omnia tempora tunc postea ibidem foret aquisitum, habitum et obten- tum pro omnimodis serviciis.p. 17.
Et ulterius idem Dominus Rex voluit et sibi placebat quod in omnibus questionibus et dubiis que orirentur super aliqua difficultate construccionis vel interpretacionis alicuius rei contente vel in eisdem litteris patentibus suis vel in aliquibus suis prioribus litteris patentibus eadem acciperentur et interpretarentur in magis amplo et beneficiali modo pro predictis The- saurario et Societate et successoribus suis et quolibet membro inde licet expressa mencio de vero annuo valore vel certitudine premissorum vel eorum aliquo vel de aliquibus aliis donis vel concessionibus per ipsum dominum Regem vel aliquem progenitorum vel predecessorum suorum pre- fato Thesaurario et Societati preantea factis in eisdem litteris patentibus non fuit facta vel aliquibus statuto, actu, ordinacione, provisione, procla- macione vel restriccione in contrarium inde habitis, factis, ordinatis vel pro- visis vel aliquibus aliis causa vel materia quibuscunque nonobstantibus prout per easdem litteras patentes inter alia plenius liquet et apparet; virtute quarumquidem litterarum patentium ultimo mencionatarum predicti Thesaurarius et Societas predicte prime colonie in Virginia fuerunt et adhuc sunt seisiti de et in terris, patriis et territoriis predictis et ceteris premissis cum pertinenciis eis et successoribus suis ut prefertur per easdem litteras patentes concessis in dominico suo ut de feodo et ulterius iidem Nicholaus ffarrer [et al.] dicunt quod ante predictum tempus in Informacione predicta superius specificatum scilicet duodecimo die Martii anno regni dicti domini Regis nunc Anglie etc. nono idem Dominus Rex per predictas litteras suas patentes gerentes datum eodem duodecimo die Martii anno regni sui Anglie etc. nono supradicto recitantes quod cum ad humilem peticionem diversorum separalium dilectorum subditorum suorum tam peri- clitatorum quam plantatorum prime colonie in Virginia et pro propaga- cione christiane religionis et pro adducendo rudi populo ad civilitatem et humanitatem idem dominus Rex per suas litteras patentes gerentes datum apud Westmonasterium vicesimo tercio die Maii anno regni sui Anglie, ffrancie et Hibernie septimo et Scotie quadragesimo secundo dedisset et concessisset eis quod ipsi et omnes tales et tot eorundem dilectorum sub- ditorum eiusdem domini Regis qui de tempore in tempus imperpetuum coniungerentur eis ut plantatores vel periclitatores in predicta plantacione et eorum successores imperpetuum essent unum corpus politicum incor- poratum per nomen Thesaurarii et Societatis periclitatorum et plantatorum de predicta civitate Londonie pro prima colonia in Virginia cumque etiam pro maiori bono et beneficio predicte Societatis et pro melioribus adiuva- mine, Anglice, furtherance, coroboracione, Anglice, strengthninge, et stabili- mento predicte plantacionis idem Dominus Rex ulterius dedisset, conces- sisset et confirmasset per easdem litteras patentes prefato Thesaurario et Societati et eorum Successoribus imperpetuum omnes illas terras, patrias vel territoria scituata, iacentia et existentia in illa parte Americe vocata Virginia a promontorio, Anglice, the pointe of lande, vocato Cape vel pointe Comforte per oras maritimas versus boream per ducenta milliaria et ab eodem promontorio de Cape Comforte per oram maritimam versus meridiem per ducenta milliaria et totum illud spatium et circuitum terre jacentis ab ora maritima precinctus predicti altius in patriam trans, Anglice, throughout, a mari ad mare per occidentem, boream zephyrum, Anglice, Northwest, acetiam omnes insulas jacentes intra centum milliaria per oram mariti- mam utriusque maris precinctus predicti cum diversis aliis concessionibus, libertatibus, ffranchesiis, preeminenciis, privilegiis, proficuis, beneficiis et commoditatibus concessis in et per predictas litteras patentes eiusdem domini Regis prefato Thesaurario et Societati et eorum Successoribus imperpetuum tunc idem Dominus Rex pro eo quod datum fuit celsitudini suo intelligi quod in predictis maribus, Anglice, in those Seas, adiacentibus predictis oris de Virginia et extra predictum spatium predictorum ducentor- um milliariorum per ipsum dominum Regem sic, ut prefertur, concessum prefatis Thesaurario et Societati et tamen non procul distantes a predicta colonia in Virginia fuerunt vel esse potuerunt diverse Insule iacentes desolate et minime inhabitate quarum alique tunc fuerunt cognite et investigate, Anglice, discovered, per industriam laborem, Anglice, travaile, et expenciam predicte societatis et alie Insule imaginantur esse et remanere eo usque incognite et minime patefacte, Anglice, undiscovered, omnes et singule quarum expediens esse posset, Anglice, it might importe, predicte colonie et in tutamine et in politia commertii, Anglice, both in safety and policy of trade, cum populo frequentare, Anglice, to populate, et plantare quo respectu tam pro evitacione periculi quam pro meliore commoditate et prosperitate predicte colonie ipsi humiliter supplicassent eundem dominum Regem quod idem Dominus Rex dignaretur concedere eis auc- tionem, Anglice, an enlargment, predictarum litterarum patentium eius- dem domini Regis tam pro magis ampla extencione limitum et terri- toriorum in maria adjacentia ad et super oram de Virginia quam pro quibusdam aliis materiis et articulis concernentibus melius regimen predicte Societatis et colonie in quo predicte littere patentes eiusdem domini Regis non in tantum se extendebant prout per tempus et experientiam compertum fuit fore necessarium et conveniens idem Dominus Rex idcirco suscipiens curam boni et felicis successus predicte plantacionis tam intuitu, Anglice in regard, generalis boni humane Societatis quam intuitu status eiusdem domini Regis et regnorum suorum et volens sublevare omnia bona media que augerent beneficium eiusdem Societatis et que securarent et tutos redderent predictos dilectos subditos eiusdem domini Regis plantatos in predicta colonia sua sub favore et proteccione dei omnipotentis et regalis potestatis et authoritatis ex eiusdem domini Regis speciali gratia, certa scientia et mero motu suis dedisset, concessisset et confirmasset et pro se, heredibus et successoribus suis per easdem tunc presentes litteras patentes dedit, concessit et confirmavit prefatis Thesaurario et Societati periclita- torum et plantatorum predicte civitatis Londonie pro prima colonia in Vir- ginia et heredibus et successoribus suis imperpetuum omnes et singulas illas Insulas quascumque scituatas et existentes in aliqua parte oceani finitimi ore predicte prime colonie in Virginia et existentes intra trecentas leu- catas, Anglice, leagues, aliquarum partium patrie preantea concesse prefatis Thesaurario et Societati in predictis prioribus litteris patentibus, ut pre- fertur, et existentes intra vel inter quadragesimum primum et tricesimum gradus borealis latitudinis simulcum omnibus et singulis solo, terra, fundo, portubus, fluminibus, aquis, piscariis, mineris, Anglice, mynes, et minerali- bus, gemmis, Anglice, pearles, lapidibus preciosis, quarriis et omnibus et singulis aliis commoditatibus, jurisdiccionibus, regalitatibus, privilegiis, ffranchesiis et preeminenciis tam in predicto tractu terre super continen- tem, Anglice, the mayne, quam in predictis Insulis et maribus, Anglice, seas, adjacentibus quibuscunque et ad easdem vel circa ea tam per mare et terram existentibus vel scituatis Et que per litteras suas patentes idem Dominus Rex concedere potuisset et in tam amplis modo et forma prout idem Dominus Rex vel aliqui nobilissimorum progenitorum suorum ante- tunc concessisset vel concessissent alicui persone vel aliquibus personis vel alicui Societati, corpori politico vel corporato vel alicui periclitatori vel aliquibus periclitatoribus sumenti vel sumentibus super se aliqua in- vestigaciones, plantaciones vel commertium de, in vel ad aliquas patrias remotas et forinsecas quascunque et in tam largo et amplo modo ac si eadem in eisdem litteris patentibus particulariter nominata, mencionata et expressa fuissent proviso semper quod predicte Insule vel aliquod premissorum in eisdem litteris mencionatorum vel per easdem litteras patentes propositorum et determinatorum, Anglice, meant, concedi non fuissent nec fuisset actualiter possessa vel inhabitata per aliquem alium christianum principem vel potestatem, Anglice, state, nec essent vel esset infra metas, limites vel territoria septentrionalia colonie preantea per ipsum dominum Regem concesse plantari per diversos dilectos subditos dicti domini Regis in borealibus partibus de Virginia habendum et tenen- dum possidendum et gaudendum omnes singulas predictas Insulas in predictis maribus, Anglice, ocean seas, sic adiacentes et appropinquantes predictis littori vel littoribus territoriorum predicte prime colonie in Virginia, ut prefertur, cum omnibus et singulis predictis solo, terris et fundis et omnibus et singulis aliis premissis preantea per easdem litteras patentes concessis vel mencionatis concedi eis prefatis Thesaurario et Societati periclitatorum et plantatorum civitatis Londonie pro prima colonia in Virginia et heredibus, successoribus et assignatis suis imper- petuum ad solum et proprium usum et opus eorundem Thesaurarii et Societatis et heredum successorum et assignorum suorum imperpetuum tenenda de dicto domino Rege, heredibus et successoribus suis ut de manerio suo de Eastgreenewich in libero et communi socagio et non in capite reddendo et solvendo pro eisdem dicto domino Regi, heredibus et successoribus suis quintam partem metalli, Anglice, of the Oare, totius auri et argenti que ibidem acquirerentur, haberentur vel obtinerentur pro omnimodis serviciis quibuscunque.
p. 18.
p. 19.
Et ulterius idem Dominus Rex voluit et sibi placebat quod in omnibus questionibus et dubiis que orirentur super aliqua difficultate construc- cionis vel interpretacionis alicuius rei contente in eisdem litteris patentibus suis vel in aliquibus suis prioribus litteris patentibus eadem acciperentur et interpretarentur in magis amplo et beneficiali modo pro predictis The- saurario et Societate et Successoribus suis et quolibet membro inde.
Et ulterius idem Dominus Rex per easdem litteras patentes ratificavit et confirmavit prefato Thesaurario et Societati et successoribus suis omnia et omnimoda privilegia ffranchesias libertates Immunitates proficua et commoditates quecunque concessa in aliquibus prioribus litteris paten- tibus eiusdem domini Regis et non in eisdem tunc presentibus litteris patentibus revocata, alterata, mutata vel diminuta licet expressa mencio de vero valore annuo vel certitudine premissorum vel alicuius eorum vel de aliquo alio dono vel concessione per ipsum dominum Regem vel aliquem progenitorum vel predecessorum suorum prefato Thesaurario et Societati preantea facto in eisdem litteris patentibus non fuit facta vel aliquibus statuto, actu, ordinacione, provisione, proclamacione vel restric- cione in contrarium inde ante tunc habitis, factis, ordinatis vel provisis vel aliquibus aliis materia, causa vel re quibuscunque in contrarium inde quovismodo non obstantibus prout per easdem litteras patentes inter alia plenius liquet et apparet, virtute quarum quidem litterarum paten- tium ultime mencionata predictus Thesaurarius et Societas predicte prime colonie in Virginia fuerunt et adhuc sunt seisiti de et in predictis Insulis, terris, territoriis et ceteris premissis eis et successoribus suis, ut prefertur, per easdem litteras concessis in dominico suo ut de feodo.
p. 20.
Et ulterius iidem Nicholaus ffarrer [et al.] dicunt quod predicte Insule specificate in predictis litteris patentibus ultime mencionatis et per easdem litteras patentes ultime mencionatas prefato Thesaurario et Societati per predictum Dominum Regem nunc concedi mencionate aut concedi pro- posite aut earum aliqua aut predicta solum terre, funda, portus, flumina, aque, piscaria, minera et mineralia similiter in eisdem litteris specificata aut aliqua pars sive parcella inde aut aliquod aliud premissorum in eisdem litteris patentibus mencionatorum et per easdem litteras patentes prefatis Thesaurario et Societati per eundem dominum Regem nunc concedi mencionatorum aut concedi propositorum tempore confeccionis earundem litterarum patentium non fuerunt aut fuit actualiter possessa vel inhabi- tata per aliquem alium christianum principem vel potestatem, Anglice, state, nec fuerunt aut fuit infra limites et territoria predicte Septentrio- nalis Colonie per ipsum dominum Regem concessa plantari per diversos dilectos subditos dicti domini Regis in borealibus partibus de Virginia cum hoc quod iidem Nicholaus ffarrer [et al.] verificare volunt quod predictus Dominus Rex tempore confeccionis predictarum litterarum patentium ultime mencionatarum fuit actualiter seisitus de Insulis, terris et territoriis predictis in eisdem litteris patentibus ultime mencionatis specificatis in dominico suo ut de feodo, Et quod Insule, terre, patrie et territoria in predictis separalibus litteris patentibus mencionata fore concessa sunt eadem terre, patrie et territoria dicti domini Regis vocata Virginia in Informacione predicta superius specificata et non alia neque diversa. Et eo Warranto iidem Nicholaus [et al.] clamant habere sibi et Successoribus suis tot illa terras, patrias et territoria dicti domini Regis vocata Virginia eis per separales litteras patentes predictas, ut prefertur, concessa et terras, patrias et territoria illa ad libitum suum proprium assignare, dare, vendere, alienare et disponere cuicunque persone et quibuscunque personis eis placuerit, Necnon habere regimen et solam gubernacionem omnium terrarum, patriarum et territoriorum predictorum. Et quoad habendum et clamandum omnia alia terras, patrias et territoria dicti domini Regis vocata Virginia preter quod terras, patrias et territoria dicti domini Regis vocata Virginia sic ut prefertur per predictas separales litteras patentes concessa iidem Nicholaus ffarrer [et al.] penitus disclamant et deadvocant.
p. 21.
Et quoad libertates, privilegia et ffranchesias sequentes, videlicet, eosdem Nicholaum ffarrer [et al.] facere, eligere et admittere in Societatem illam quascunque personas voluerint tam alienos quam alios et diversas dena- riorum summas de eisdem personis capere, recipere et levare, pro eorum admissione in Societatem predictam quodque persone sic in Societatem predictam admisse et admittende erunt de Societate predicta et incorporate unacum ceteris de eadem Societate, Necnon quascunque personas de eadem Societate ad libitum suum proprium a libertatibus et ffranchesiis eiusdem Societatis excludere et easdem personas disfranchesiare et a societate illa amovere et exonerare iidem Nicholaus ffarrer [et al.] et periclitatores et plantatores predicti et alii liberi homines existentes periclitatores et plantatores civitatis Londonie pro prima colonia in Virginia dicunt quod ante predictum tempus in Informacione predicta superius specificatum scilicet predicto vicesimo tercio die Maii anno regni dicti domini Regis nunc Anglie etc. septimo supradicto idem dominus Rex nunc per predictas litteras suas patentes gerentes datum apud Westmonasterium predictum eodem vicesimo tercio die Maii anno regni sui septimo supradicto ordinavit et stabilivit quod Thesaurarius Societatis predicte et consilium Societatis illius residens in Anglia et eorum Successores vel aliqui quatuor eorum congregati, Anglice, assembled, Thesaurario existenti uno eorum, de tem- pore in tempore haberent plenas potestatem et authoritatem admittere et recipere aliquas alias personas in eorum societatem corporationem et liberta- tem, Et ulterius in generali congregacione periclitatorum cum consensu maioris partis super racionabili causa disfranchesiare et amovere aliquam personam vel aliquas personas a predicta libertate et Societate.
Et ulterius idem Dominus Rex voluit et ei placebat et per easdem litteras patentes pro seipso heredibus et successoribus suis concessit et agreavit ad et cum prefato Thesaurario et Societate et eorum Successoribus quod omnes et singule persona vel persone que ad aliqua tempus vel tempora extunc imposterum periclitarentur aliquam summam vel aliquas summas pecunie in et erga predictam plantacionem predicte colonie in Virginia et esset vel essent admissa vel admisse per predictum consilium et societatem ut periclitator vel periclitatores eiusdem colonie in forma supradicta et esset vel essent recordate, Anglice, inrolled, in libro vel recordo periclitato- rum eiusdem Societatis estimarentur et acciperentur, caperentur, habe- rentur et reputarentur periclitatores predicte colonie et gauderent omnibus et singulis concessionibus, privilegiis, libertatibus, beneficiis, proficuis, commoditatibus, advantagiis et emolumentis quibuscunque adeo plene, large, ample et absolute ac si ipse et quelibet earum esset vel essent precise, plane, singulariter et distincte nominate et inserte in eisdem litteris patenti- bus prout per easdem litteras inter alia plenius liquet et apparet.
p. 22.
Et ulterius iidem Nicholaus ffarrer [et al.] dicunt quod ante predictum tem- pus in Informacione predicta superius specificatum scilicet predicto duo- decimo die Martii anno regni dicti domini Regis nunc Anglie etc. nono supradicto idem Dominus Rex nunc per predictas litteras suas patentes gerentes datum apud Westmonasterium eodem duodecimo die Martii anno regni sui Anglie etc. nono supradicto ordinavit et concessit quod predicti Thesaurarius et Societas periclitatorum et plantatorum predictorum semel qualibet septimana vel sepius ad eorum libitum tenerent et custodirent curiam et congregacionem pro meliori regimine et gubernacione predicte plantacionis et talium rerum que tangerent eadem, Et quod alique quinque persone consilii dicti domini Regis pro predicta prima colonia in Virginia pro tempore existenti e quorum numero Thesaurarius vel eius Deputatus semper esset unus et numerus quindecim aliorum ad minimum de generali- tate eiusdem Societatis simul congregati in tali curia vel congregacione tali modo quali preantea usitatum et consuetum fuit nuncuparentur accipe- rentur et reputarentur esse et essent sufficiens curia eiusdem Societatis pro tratacione, ordinacione et expedicione omnium talium contingentium et particularium occurrentium et accidentalium materiarum minoris sequele, Anglice, consequence, et momenti qualia de tempore in tempus contingerent tangentia et concernentia predictam plantacionem, Et tamen pro tracta- cione, ordinacione et dispositione materiarum et negotiorum maioris momenti et valoris, Anglice, of greater weight and importance, et talium quovis modo tangerent rem publicam et generale bonum predicte Societatis et plantacionis, veluti, modi gubernacionis de tempore in tempus utendi, ordinis et dispositionis terre et possessionum et positionis et stabilimenti commertii ibidem vel talium teneretur et haberetur quolibet anno super penultimo die Mercurii Terminorum Sancti Hillarii, Pasche, Trinitatis et Sancti Michaelis imperpetuum una magna generalis et solennis congregatio que quidem separales congregaciones nuncuparentur, Anglice, shal be stiled, et vocarentur quatuor magne et generales curie consilii et Societatis periclitatorum pro Virginia.
Et ulterius idem Dominus Rex per easdem litteras patentes pro se, heredi- bus et Successoribus suis dedit et concessit Thesaurario et Societati predicte et Successoribus suis imperpetuum quod ipsi predictus Thesaura- rius et Societas vel maior pars eorum pro tempore existenti in plena et generali curia congregati ut prefertur de tempore in tempus et ad omnia tempora imperpetuum extunc deinceps eligerent, asciscerent et admitte- rent in eorum Societatem aliquam personam vel aliquas personas tam peri- grinos et alienigenos natos in aliquo loco trans maria ubicunque existentes in amicitia, Anglice, amity, cum eodem domino Rege quam naturales et ligeos et subditos eiusdem domini Regis natos in aliquo regnorum et dominio- rum suorum, Et quod quelibet tales persone ita electe, ascite, et admisse de eadem Societate, ut prefertur, superinde caperentur, reputarentur et tenerentur et essent libera membra predicte Societatis et haberent, tene- rent et gauderent omnibus et singulis libertatibus, ffranchesiis, privilegiis, immunitatibus, beneficiis, proficuis et commoditatibus quibuscunque predicte Societati quovismodo spectantibus vel pertinentibus tam plene, libere et ample quam aliquis alius periclitatorum vel aliqui alii periclitatores tunc existentes vel qui extunc imposterum ad aliquod tempus esset vel essent de predicta Societate habuit vel habuerunt vel habere debuit et potuit, debuerunt aut potuerunt et gauderent eisdem ad omnia intenciones et proposita quecunque prout per easdem litteras patentes inter alia plenius liquet et apparet.
p. 23.
Et eo Warranto per tempus predictum in Informacione predicta superius specificatum Thesaurarius Societatis predicte et Societas predicta vel maior pars inde pro tempore existenti in plena et generali curia congregati cla- mant et usi fuerunt et utuntur facere, eligere et admittere in Societatem illam tam peregrinos et alienigenos natos in aliquo loco trans maria ubicun- que existentes in amicitia cum eodem domino Rege quam naturales ligeos subditos eiusdem domini Regis natos in aliquo regnorum et Domini- orum eiusdem domini Regis et non aliter neque alio modo, acetiam eo Warranto iidem Nicholaus ffarrer [et al.] clamant quod omnes tales per- sone sic, ut prefertur, in Societatem predictam admisse vel admittende erunt de Societate predicta et incorporate unacum ceteris de eadem, acetiam eo Warranto iidem Nicholaus ffarrer [et al.] clamant habere potesta- tem et authoritatem in generali congregacione periclitatorum cum consensu maioris partis super rationabili causa disfranchesiare, amovere et exone- rare aliquam personam vel personas a Societate predicta et non aliter neque alio modo prout eis bene licuit et licet.
Et quoad predictas libertates, privilegia, et ffranchesias videlicet capere, recipere et levare aliquas denariorum summas de aliquibus persona vel personis pro eius vel eorum admissione in Societatem predictam iidem Nicholaus ffarrer [et al.] penitus disclamant et deadvocant.
Et quoad libertates, privilegia et ffranchesias sequentes videlicet eosdem Nicholaum ffarrer [et al.] habere et tenere tam infra civitatem Londonie predictam quam alibi infra hoc regnum Anglie acetiam in partibus transma- rinis in Virginia predicta quasdam domos consiliares et in eisdem domibus quandocunque eis videbitur expedire, habere et tenere curiam, congre- gaciones sive convocaciones de quampluribus et diversis hominibus eiusdem Societatis tot et talibus quot et quales eis placuerint ac in eisdem curiis, congregacionibus et convocacionibus ad libitum suum proprium diversa statuta, leges et constituciones ordinare, facere et constituere et omnes per- sonas tam de Societate predicta quam alias personas non existentes de eadem Societate que statutis, ordinacionibus, legibus et constitucionibus illis non obedirent imprisonare ac fines et amerciamenta super eas ea de causa taxare et imponere et ea ad usos suos proprios levare et convertere et alias penas, penalitates et puniciones quascunque ad libitum suum proprium super eisdem personis imponere et infligere iidem Nicholaus ffarrer, [et al.] dicunt quod ante predictum tempus in Informacione predicta superius specificatum scilicet predicto duodecimo die Martii anno regni dicti domini Regis nunc Anglie etc. nono supradicto idem Dominus Rex per predictas litteras suas patentes gerentes datum apud Westmonasterium eodem duodecimo die martii anno regni sui Anglie nono supradicto ordi- navit et concessit prefato Thesaurario et Societati quod iidem The- saurarius et Societas periclitatorum et plantatorum predictorum semel qualibet septimana vel sepius ad eorum voluntatem tenerent et haberent curias et congregaciones pro meliore ordinacione et regimine predicte plantacionis et talium rerum que adinde pertinerent, Anglice, which should concerne the same, et quod quinque persone de consilio dicti domini Regis pro predicta prima colonia in Virginia pro tempore existenti e quorum numero Thesaurarius vel eius Deputatus semper esset unus et numerus quindecim aliorum ad minimum de generalitate predicte Societatis insimul congregati in tali curia vel congregacione in tali modo quali preantea usita- tum et consuetum fuit diceretur, acciperetur, teneretur et reputaretur esse et esset sufficiens curia predicte Societatis pro tractacione, ordinacione, et expedicione omnium talium casualium et particularium occurentium et materiarum contingentium, Anglice, accidentall matters, minoris sequele et momenti, Anglice, of lesse consequence and waight, quales de tempore in tempus acciderent tangentes et concernentes predictam plantacionem Et quod nihilominus pro tractacione, ordinacione et dispositione materiarum et negotiorum maioris momenti et valoris, et talium, qualia aliquo modo tangerent rempublicam et generale bonum predicte Societatis et planta- cionis veluti modi gubernacionis de tempore in tempus utendi ordinacionis et dispositionis et possessionis et positionis, Anglice, the setlinge, et sta- bilimento 1
Sic.
commertii ibidem vel talium teneretur et haberetur quolibet anno super penultimo die Mercurii Terminorum Sancti Hillarii, Pasche, Sancte Trinitatis et Sancti Michaelis imperpetuum una magna generalis et solennis congregacio quequidem quatuor separales congregaciones nun- cuparentur, Anglice, shal be stiled, et vocarentur quatuor magne et generales curie Consilii et Societatis periclitatorum pro Virginia in omni- bus et singulis quarum predictarum magnarum generalium curiarum ita congegatarum animus et voluntas ipsius domini Regis fuerunt et idem Dominus Rex pro seipso, heredibus et Successoribus suis imperpetuum dedit et concessit prefato Thesaurario et Societati et eorum Successoribus imperpetuum per easdem litteras patentes quod ipsi Thesaurarius et Societas vel maior numerus eorum ita congregatus haberent plenam potes- tatem et authoritatem de tempore in tempus et ad omnia tempora tunc imposterum ordinare et facere tales leges et constituciones, Anglice, Ordi- nances, pro bono et prosperitate, Anglice, Welfare, predicte plantacionis quales eis de tempore in tempus estimarentur fore requisite et idonee Ita tamen quod leges et constituciones ille non essent contrarie legibus et statutis regni dicti domini Regis Anglie prout per predictas litteras patentes inter alia plenius liquet et apparet. Et iidem Nicholaus ffarrer [et al.] dicunt quod ipsi sepe per tempus predictum in Informacione pre- dicta superius specificatum virtute litterarum patentium predictarum ultimo mencionatarum tenuerunt et habuerunt curiam et congregacionem pro melioribus ordinacione et regimine predicte plantacionis et talium rerum que adinde pertinebant et materiarum contingentium, Anglice, accidentall matters, minoris sequele et momenti quales de tempore in tempus accidebant contingentes et concernentes predictam plantacionem tam in Anglia quam in partibus transmarinis in Virginia Et quod iidem liberi homines et periclitatores et plantatores predicti per tempus predictum in Informacione predicta superius specificatum habuerunt quasdam domos consiliares tam in predicta civitate Londonie quam alibi infra hoc regnum Anglie quam in partibus transmarinis in Virginia predicta pro predictis curiis et congregacionibus ad convenciones et congregaciones suas in eisdem faciendis eedemque congregaciones in domibus illis consili- ariis quoties conveniens et necesse fuit convenerunt et curie in eisdem tente fuerunt et in et per easdem congregaciones et curias diverse leges et ordi- naciones pro melioribus ordinacione et regimine predicte plantacionis et talium rerum quales adinde pertinebant et materiarum contingentium minoris sequele et momenti quales de tempore in tempus accidebant tan- gentes et concernentes predictam plantacionem quales eis de tempore in tempus estimate fuerunt idonee et requisite et que fuerunt consone et congruentes legibis et statutis huius regni Anglie et non contrarie eisdem facte et constitute fuerunt et preter curias et congregaciones illas pro tractacione, ordinacione et dispositione materiarum et negotiorum maioris momenti et valoris que aliquo modo tangebant rem publicam et generale bonum predicte Societatis et plantacionis quolibet anno per tempus predic- tum in Informacione predicta specificatum super penultimo die Mercurii Terminorum Sancti Hillarii, Pasche, Sancte Trinitatis et Sancti Michaelis una magna generalis et solennis congregacio habita et tenta fuit eedemque quatuor separales congregaciones nuncupate fuerunt quatuor magne et generales curie consilii et Societatis periclitatorum pro Virginia Iidem liberi homines et periclitatores et plantatores predicti per tempus predictum in Informacione predicta superius specificatum habuerunt quandam domum consiliarem in predicta civitate Londonie in parochia Sancti Benedicti Sherebogge pro predictis magnis generalibus et solennibus congregacioni- bus ad convenciones et congregaciones suas in eadem faciendis eedemque generales congregaciones in domo illo consiliari temporibus illis convene- runt et magne et generales curie consilii et Societatis periclitatorum pro Virginia in eadem domo consiliari tente fuerunt et in et per easdem gen- erales curias et congregaciones in domo consiliari illa in temporibus illis diverse leges et ordinaciones pro bono et prosperitate, Anglice, Welfare, predicte plantacionis quales eis de tempore in tempus existimate fuerunt idonee et requisite que fuerunt consone et congruentes legibus et statutis huius regni Anglie et non contrarie eisdem facte et constitute fuerunt. Et eo Warranto iidem Nicholaus ffarrer [et al.] per tempus predictum in Informacione predicta specificatum habuerunt et tenuerunt et clamant habere et tenere tam infra civitatem Londonie predicte quam alibi infra hoc regnum Anglie Acetiam in partibus transmarinis in Virginia predicta quasdam domos consiliares et in eisdem domibus quandocunque eis visum fuit vel videbitur expedire, habere, et tenere curias congregaciones sive convocaciones de quampluribus et diversis hominibus eiusdem Societatis tot et talibus quot et qualibus eis placuerit ac in eisdem curiis, congregacionibus et convocacionibus ad libitum suum proprium huiusmodi statuta, leges et constituciones ordinare, facere et constituere. Et quoad libertates, privi- legia et ffranchesias predictas videlicet omnes personas tam de Societate quam alias personas non existentes de eadem Societate que statutis, ordinacionibus, legibus et constitucionibus ordinatis, factis et constitutis per curias, congregaciones sive convocaciones de quampluribus hominibus eiusdem Societatis non obedirent imprisonare ac fines et amerciamenta super eas ea de causa taxare et imponere et ad usus suos proprios levare et convertere et alias penas et penalitates et punitiones quascunque ad libi- tum suum proprium super eisdem personis imponere et infligere iidem Nicholaus ffarrer [et al.] dicunt quod ipsi non clamant nec usi fuerunt nec utuntur libertatibus, privilegiis et ffranchesiis illis seu eorum aliquo sed in eisdem et in eorum quolibet penitus deadvocant et disclamant.p. 24.
p. 25.
p. 26.
Et quoad libertates, privilegia et ffranchesias sequentes videlicet eosdem Nicholaum ffarrer [et al.] ad libitum suum proprium exportare et trans- portare extra hoc regnum Anglie in partes transmarinas predictas quascun- que personas eis placuerit tam subditos dicti domini Regis existentes quam alias personas quascunque eosque [ad] libitum suum proprium regere et gubernare tam in itinere suo super mare quam in partibus transmarinis predictis, Acetiam habere libertatem, potestatem et authoritatem contra leges et statuta huius regni Anglie transportare extra hoc regnum Anglie in partes transmarinas predictas omnes et omnimodas mercandizas, mer- cimonia et alias res quascunque per leges et statuta huius regni Anglie prohibita transportari, Acetiam transportare extra hoc regnum Anglie in partes transmarinas predictas omnia genera armorum, armamentorum, instrumentorum bellicosorum, pulveris bombardici, victualium, pecorum, equorum, equarum, et omnium aliarum mercandizarum et rerum quarum- cunque absque reddicione vel solucione subsidii, custume, imposicionis vel alie taxacionis quarumcunque dicto domino Regi vel ad usum eiusdem domini Regis, Necnon habere sibi et Successoribus suis regimen et solam gubernacionem omnium personarum inhabitancium, commorantium et residentium in totis illis terris, patriis et territoriis dicti domini Regis vo- cata Virginia seu in partes illas venientium seu negotiantium et easdem personas regere et gubernare secundum ordinaciones et constituciones Societatis illius, Necnon habere potestatem et authoritatem uti et exercere tam infra partes transmarinas predictas quam super altum mare, jus militare quandocunque eis placuerit iidem Nicholaus ffarrer [et al.] dicunt quod idem Dominus Rex ante predictum tempus in Informacione predicta specificatum scilicet predicto Vicesimo tercio die Maii anno regni eiusdem domini Regis Anglie etc. septimo supradicto per predictas litteras suas patentes gerentes datum apud Westmonasterium eodem vicesimo tercio die Maii anno regni sui septimo supradicto de suis speciali gratia, certa scientia et mero motu pro se, heredibus et successoribus suis per easdem litteras patentes dedit et concessit plenas potestatem et authoritatem predicto consilio ipsius domini Regis pro predicta Societate periclitatorum et plantatorum in Virginia hic in Anglia residenti tam ad idem presens tempus quam extunc imposterum de tempore in tempus nominare, facere, constituere, ordinare et confirmare, et per talia nomen et nomina, appella- cionem et appellaciones qualia eis viderentur bona et similiter revocare, exonerare, mutare et alterare tam omnes et singulos gubernatores, offi- ciarios et ministros qui antetunc facti fuissent quam qui extunc per eos estimarentur idonei et necessarii fiendi vel utendi pro gubernacione pre- dicte colonie et plantacionis, acetiam facere, ordinare et stabilire omni- modos ordines, leges, directiones, instrucciones, formas et ceremonias, gubernaciones et magistratus idoneos et necessarios pro et concernentes gubernacionem predicte colonie et plantacionis et eosdem ad omnia tem- pora extunc imposterum abrogare, revocare vel mutare non solum infra precinctus predicte colonie sed etiam super mare in transfretacione ad patriam illam et ab eadem patria prout ipsi in sua bona discretione estimarent fore aptissimum pro bono periclitatorum et inhabitatorum ibidem; Et ulterius idem Dominus Rex de suis speciali gratia, certa scientia et mero motu pro se, heredibus et successoribus suis concessit per easdem litteras patentes prefato Thesaurario et Societati et eorum Successoribus quod licitum et liberum esset eis et assignis suis ad omnia et quelibet tempus et tempora extunc imposterum extra regnum ipsius domini Regis Anglie et extra omnia alia dominia ipsius domini Regis exportare et adducere in viagium illud et pro et erga predictam plantacionem et transportacionem versus eas partes et commoracionem et inhabitacionem ibidem in predicta colonia et plantacione omnes tales et tot de dilectis subditis dicti domini Regis vel aliquos alios alienigenos qui vellent devenire dilecti subditi eiusdem domini Regis et vellent vivere sub ligeancia eiusdem domini Regis quales lubenter associarent eos in eodem viagio et plantacione cum suffi- cienti navigio, Anglice, shippinge, armis, telis, tormentis, Anglice, ordi- nance, munitione, pulvere et glandinibus, Anglice, power and shott, victua- libus et talibus mercandizis vel mercibus qualia estimarentur per rudem et ferum populum in patria illa, Anglice, in those partes, vestitu, imple- mentis, supplementis, Anglice, furniture, pecore, Anglice, cattle, equis et equabus et omnibus aliis rebus necessariis pro predicta plantacione et pro eorum usu et defencione et commertio cum populo ibidem et in trans- fretacione ad patriam illam et ab eadem patria absque reddicione et sol- vendo subsidium, custumam, imposicionem vel aliquam aliam taxacionem vel vectigal, Anglice, duty, eidem domino Regi, heredibus et Successoribus suis pro spatio septem annorum a dato earundem litterarum patentium proviso quod nulla earundem personarum esset talis qualis extunc impo- sterum per speciale nomen restricta esset per dictum dominum Regem, heredes vel Successores suos.
p. 27.
Et pro eorum ulteriori incitamento, Anglice, encoragement, idem Dominus Rex de suis specialibus gratia et favore per easdem litteras patentes pro se, heredibus et successoribus suis dedit et concessit prefato Thesaurario et Societati et eorum Successoribus et quibuslibet eorum suis factoribus et assignatis suis quod ipsi et quilibet eorum essent liberi et quieti de omni- bus subsidiis et custumis in Virginia pro spatio viginti et unius annorum et aliis omnibus taxacionibus et imposicionibus imperpetuum super aliquibus bonis vel mercandizis ad aliqua tempus vel tempora extunc imposterum vel super importacione illuc vel exportacione illinc in regnum domini Regis Anglie vel in aliqua alia dominia ipsius domini Regis per predictum Thesaurarium et Societatem et' eorum Successores, eorum Deputatos, factores et assignatos vel aliquos eorum (exceptis tantummodo quinque libris per centum debitis pro custuma super omnibus talibus bonis et mercandizis que adveherentur vel importarentur in regnum domini Regis Anglie vel aliqua alia dominia eiusdem domini Regis eidem regno Anglie confinia juxta antiquum usum mercatorum).
p. 28.
Et pro eo quod necessarium esset pro omnibus talibus dilectis subditis ipsius domini Regis quales inhabitarent infra predictum precinctum de Virginia statuere, vivere insimul in timore et vero cultu dei nostri omni- potentis pacis christiane et civilis concordie inter se per que quilibet eorum potuisset cum maioribus securitate, voluptate et proficuo gaudere ea que acquirerent magnis labore et periculo idem Dominus Rex pro seipso, here- dibus et Successoribus suis per easdem litteras patentes dedit et concessit prefato Thesaurario et Societati et eorum Successoribus et talibus Guber- natoribus, officiariis et ministris quales per dictum consilium dicti domini Regis constituerentur et appunctuarentur iuxta naturas et limites suorum officiorum et locorum respective quod ipsi de tempore in tempus extunc imperpetuum infra eosdem precinctus de Virginia vel in via per maria illuc et abinde haberent plenas et absolutas potestatem et authoritatem corrigere, punire, remittere, Anglice, pardon, gubernare et regere omnes tales subditos eiusdem domini Regis, heredum et Successorum suorum quales de tempore in tempus periclitarentur sese, Anglice, should adventure themselves, in aliquo viagio illuc vel qui ad aliquod tempus extunc impos- terum inhabitarent in precinctis et territoriis predicte colonie, ut pre- fertur, iuxta tales ordines, ordinaciones, constituciones, directiones et instrucciones quales per consilium ipsius domini Regis stabilirentur et in defectu inde in casu necessitatis iuxta bonam discretionem predictorum Gubernatorum et officiariorum respective tam in casubus capitalibus et criminalibus quam civilibus tam maritimis, Anglice, marine, quam aliis, Ita tamen quod eadem statuta, ordinaciones et processus tam prope quam convenienter fieri potuisset essent congruentes legibus, statutis, guber- nacionibus et politicis predicti regni dicti domini Regis Anglie.
Et ulterius idem Dominus Rex de suis speciali gratia, certa scientia et mero motu concessit, declaravit et ordinavit quod talis principalis Guber- nator qualis de tempore in tempus debite et legittime authorizatus et constitutus esset modo et forma in eisdem litteris patentibus preantea expressis haberet plenas potestatem et authoritatem ad utendum et exer- cendum leges belli, Anglice, martiall lawe, in casubus rebellionis vel sedi- tionis, Anglice, mutiny, in tam largo et amplo modo quam locum tenentes ipsius domini Regis in comitatibus ipsius domini Regis in regno suo Anglie habuerunt vel debuerunt habere virtute commissionis locumtenentis aliquibus statuto, actu, ordinacione, provisione, proclamacione vel restric- cione in contrarium inde habitis, factis, ordinatis vel provisis vel aliquibus aliis causa vel materia quibuscunque nonobstantibus prout per easdem litteras patentes in alia plenius liquet et apparet.
Et ulterius iidem Nicholaus ffarrer [et al.] dicunt quod ante predictum tempus in Informacione predicta specificatum scilicet predicto duodecimo die Martii anno regni dicti domini Regis nunc Anglie etc. nono supradicto idem Dominus Rex per predictas litteras suas patentes gerentes datum apud Westmonasterium eodem duodecimo die Martii anno regni sui Anglie etc. nono supradicto de suis speciali gratia, certa scientia et mero motu pro se, heredibus et Successoribus suis dedit et concessit prefato The- saurario et Societati et Successoribus suis imperpetuum per easdem litteras patentes quod licitum esset et liberum pro ipsis et eorum assignatis ad omnia et quelibet tempus et tempora extunc imposterum extra aliquod regnorum et dominiorum ipsius domini Regis quorumcunque capere, ducere, ferre et transportare in viagio predicto et per et erga predictam plantacionem predicte prime colonie ipsius domini Regis in Virginia omnes tales et tot dilectorum subditorum ipsius domini Regis vel aliquos alios alienos qui vallent devenire dilecti subditi ipsius domini Regis et vellent vivere sub ligeancia ipsius domini Regis quot et quales lubenter associarent eos in predicto viagio et plantacione cum navigio, Anglice, with shippinge, armis, Anglice, armour, telis bombardicis, Anglice, ordinance, munitione, pulvere, Anglice, powder, glandinibus, Anglice, shott, victualibus et omnimodis aliis mercandizis et mercibus et omnimodo vestitu, implementis, apparatu, Anglice, furniture, pecoribus, Anglice, beasts, averiis, Anglice, cattle, equis, equabus et omnibus aliis rebus necessariis pro predicta plantacione et pro eorum usu et defencione et pro commertio cum populo ibidem Et in eundo et redeundo, Anglice, in passinge to and fro, absque solucione vel reddicione aliquorum subsidii, custume vel imposicionis vel intra vel extra, Anglice, inward or outward, vel alicuius alterius vectigalis, Anglice, Duty, eidem domino Regi, heredibus, vel successoribus suis pro eisdem pro spatio septem annorum a dato earundem litterarum patentium aliquibus statuto, actu, ordinacione, provisione, proclamacione vel restriccione in contrarium inde antetunc habitis, factis, ordinatis vel provisis vel alquibus aliis materia, cause vel re quibuscunque in contrarium inde quovismodo non obstantibus, prout per easdem litteras patentes inter alia plenius liquet et apparet. Et eo Warranto iidem Nicholaus ffarrer [et al.] per tempus predictum in Informacione predicta superius specificatum clamant et usi fuerunt et utuntur libertate, potestate et authoritate ad libitum suum exportare et transportare extra hoc regnum Anglie in partes transmarinas predictas tot et tales subditos ipsius domini Regis vel alienos qui voluerunt vivere sub ligeancia eiusdem domini Regis quales lubenter associaverunt eos in eodem viagio et plantacione et quales non fuerunt restricte nec earum aliqua fuit per speciale nomen restricta per dictum dominum Regem et non aliter nec alio modo ac etiam clamant et usi fuerunt et utuntur libertatibus, privi- legiis et ffranchesiis easdem personas regere et gubernare tam in itinere suo super mare quam in partibus transmarinis predictis juxta tales ordines, ordinaciones, constituciones, directiones et instrucciones quales per predic- tum consilium ipsius domini Regis stabilite fuerunt et non aliter neque alio modo; Acetiam clamant et usi fuerunt et utuntur a tempore confeccionis separalium litterarum patentium predictarum usque diem exhibicionis In- formacionis predicte virtute earundem litterarum patentium predictarum respective habere libertatem, potestatem et authoritatem transportare extra hoc regnum Anglie in partes transmarinas illas pro negotiis suis sufficiens navigium, omnia genera armorum, armamentorum, instrumentorum belli- cosorum, pulveris bombardici, victualium, pecorum, equos, equas et alias mercandizas et res necessarias pro predicta plantacione et pro eorum usu et defencione et commertio cum populo ibidem absque reddicione vel solucione subsidii, custume, imposicionis vel aliarum taxacionum quarun- cunque dicto domino Regi vel ad usum eiusdem Regis per separalia tempora separalium septem annorum in predictis separalibus litteris patentibus mencionatorum et absque reddicione vel solucione subsidii, custume, impo- sicionis vel taxacionis quaruncunque dicto domino Regi vel ad usum ipsius domini Regis in Virginia a tempore confeccionis predictarum litterarum patentium ipsius domini Regis gerentium datum predicto vicesimo tercio die Maii anno septimo supradicto usque diem exhibicionis Informacionis predicte super aliquibus bonis vel mercandizis per tempus predictum importatis in predictam patriam de Virginia vel exportatis illinc in regnum dicti domini Regis Anglie vel in aliqua alia dominia ipsius domini Regis exceptis tantummodo quinque libris per centum debitis pro custuma super omnibus talibus bonis et mercandizis que advecta vel importata fuerunt in regnum dicti domini Regis Anglie vel aliqua alia dominia eiusdem domini Regis juxta antiquum usum mercatorum et non aliter neque alio modo; Acetiam eo Warranto iidem Nicholaus ffarrer [et al.] clamant et usi fuerunt per tempus in Informacione predicta specificatum et utuntur habere sibi et Successoribus suis regimen et solam gubernacionem omnium personarum inhabitantium, commorantium et residentium in tot illis terris, patriis et territoriis dicti domini Regis vocatis Virginia per predictas separales litteras patentes Societati periclitatorum et plantatorum civitatis Londonie pro prima colonia in Virginia concessis seu in partes illas cum eis venientium et easdem personas regere et gubernare secundum ordinaciones et consti- tuciones Societatis illius, Necnon clamant habere potestatem et authori- tatem uti et exercere tam infra partes transmarinas predictas quam super altum mare jus militare in casubus rebellionis vel seditionis in tam largo et amplo modo quam locumtenentes ipsius domini Regis in comitatibus infra hoc regnum Anglie habuerunt vel debuerunt habere virtute commissionum suarum locumtenentis et non aliter neque alio modo prout eis virtute litterarum patentium predictarum bene licuit et licet, sed iidem Nicholaus ffarrer [et al.] dicunt quod ipsi nunquam usi fuerunt jure militari cum hoc quod iidem Nicholaus ffarrer [et al.] verificare volunt quod nulla persona per eos exportata et transportata extra hoc regnum Anglie vel aliqua dominia ipsius domini Regis in predictis partibus transmarinis vocatis Virginia fuit restricta per speciale nomen per dictum dominum Regem.
p. 29.
p. 30.
p. 31.
Et quoad libertates, privilegia et ffranchesias sequentes videlicet eosdem Nicholaum ffarrer [et al.] de omnibus personis tam subditis dicti domini Regis quam aliis negotiantibus, Anglice, tradinge, in partibus transmarinis illis tam non existentibus de Societate sua predicta quam aliis diversas pecuniarum summas ad libitum suum proprium exigere omnesque qui dictas exacciones solvere negaverint vel neglexerint imprisonare Necnon fines et Amerciamenta ad libitum suum taxare et imponere super qui- buslibet personis negotiantibus, Anglice, tradinge, cum aliquibus mercan- dizis vel aliis rebus quibuscunque in partibus transmarinis illis et easdem personas absque ballio vel manucapcione ad libitum suum imprisonare Acetiam quascunque imposiciones eis placuerint super mercandizis et aliis rebus per aliquam personam vel aliquas personas non existentes de Societate sua predicta in partes transmarinas predictas extra hoc regnum Anglie transportatis vel transportandis vel a partibus transmarinis predictis in hoc regnum Anglie adductis vel adducendis imponere et Naves et mercan- dizas et alias res predictas capere, seisire et retinere irreplegiabiles quousque ipsi satisfacti sunt de imposicionibus sic per ipsos super mercandizis et aliis rebus illis impositis iidem Nicholaus ffarrer [et al.] dicunt quod idem Dominus Rex nunc ante predictum tempus in Informacione predicta superius specificatum scilicet predicto vicesimo tercio die Maii anno regni eiusdem domini Regis Anglie septimo supradicto per predictas litteras suas patentes gerentes datum apud Westmonasterium eodem vicesimo tercio die Maii anno regni sui Anglie septimo supradicto concessit prefato The- saurario et Societati et eorum Successoribus quod licitum esset eisdem Thesaurario et Societati et Successoribus suis et cuilibet eorum de tempore in tempus et ad omnia tempora extunc in posterum et quod ipsi haberent plenas potestatem et authoritatem omnibus viis et mediis quibuscunque capere et sub potestatem suam redigere, Anglice, to surprise, omnes et quaslibet personam et personas quascunque cum eorum navibus, bonis et alio apparatu, Anglice, furniture, negotiantes, Anglice, traffiquing, in aliquo portu, Anglice, harbour, sinu, Anglice, Creeke, vel loco infra limites et precinctus predicte colonie et plantacionis non existentes allocatas per predictam Societatem esse periclitatores vel plantatores predicte colonie quousque illi existentes de aliquo regnorum vel Dominiorum sub obedientia ipsius domini Regis solverent vel agrearent solvere manibus Thesaurarii vel alicui alio officiario Deputato per Gubernatores in Virginia ultra et supra talia subsidium et custumam, qualia predicta Societas tunc vel extunc imposterum solvere debuit, quinque libras per centum super omnibus bonis et mercandizis ita importatis illuc, acetiam quinque libras per centum super omnibus bonis per ipsos per naves illinc exportatis, et exis- tentes alienigeni et non sub obedientia ipsius domini Regis quousque sol- verent ultra et supra talia subsidium et custumam, qualia predicti The- saurarius et Societas et eorum Successores tunc vel imposterum debuissent solvere, decem libras per centum super omnibus talibus bonis simili modo importatis vel exportatis in patriam illam vel a patria illa, aliquo in priori- bus litteris patentibus ipsius domini Regis in contrarium non obstante, et eadem summa pecunie et beneficia supradicta pro et durante spatio viginti et unius annorum totaliter impenderentur ad beneficium et opus predicte colonie et plantacionis prout per easdem litteras patentes inter alia plenius liquet et apparet.
p. 32.
Et eo Warranto iidem Nicholaus ffarrer [et al.] clamant habere potestatem et authoritatem per tempus predictum in Informacione predicta specificatum exigere de omnibus personis tam subditis dicti domini Regis quam aliis negotiantibus in aliquo portu, Anglice, harbour, sinu, Anglice, creeke, vel loca [sic] infra limites vel precinctus predicte prime colonie non existenti- bus de Societate periclitatorum predictorum nec existentibus allocatis per predictam Societatem esse periclitatores vel plantatores predicte prime Colonie diversas denariorum summas sequentes videlicet de aliqua huius- modi persona vel personis sic ibidem negotiante vel negotiantibus et existente vel existentibus de aliquo regnorum vel Dominiorum sub obe- dientia ipsius domini Regis quinque libras per centum super omnibus bonis et mercandizis per huiusmodi personam vel personas importatis illuc, Acetiam quinque libras per centum super omnibus bonis per ipsos per naves illinc exportatis ultra et supra tale subsidium quale predicta Societas tunc solvere debuit et de huiusmodi persona vel personis sic ibidem negotiante vel negotiantibus et existente vel existentibus alienigena vel alienigenis et non sub obedientia ipsius domini Regis decem libras per centum super omnibus bonis et mercandizis per huiusmodi personam vel personas exis- tentes alienigenas et non sub obedientia ipsius domini Regis importatis vel exportatis in patriam illam vel a patria illa ultra tale subsidium et custumam quale predicti Thesaurarius et Societas tunc debuerunt solvere et non aliter nec alio modo nec de aliquibus personis de Societate predicta, ac etiam clamant habere potestatem et authoritatem per tempus predictum in Informacione predicta specificatum omnes huiusmodi personas sic ibidem negotiantes (non existentes de predicta Societate nec sic, ut prefertur, allocatas) qui predictas denariorum summas respective solvere negaverint vel neglexerint vel non agrearent solvere manibus Thesaurarii vel alicui alio officiario deputato per gubernatorem in Virginia imprisonare et naves et mercandizas et alias res predictas capere, seisire et retinere quousque ipsi satisfacti essent de predictis separalibus denariorum summis respective pro mercandizis et bonis sic importatis illuc vel exportatis illinc per huiusmodi personas et non aliter neque alio modo, Et summas pecunie et beneficia predicta sic capienda iidem Nicholaus ffarrer [et al.] clamant a tempore con- feccionis predictarum litterarum patentium ultimo mencionatarum pro spatio viginti et unius annorum totaliter impendi ad beneficium et opus predicte colonie et plantacionis et non aliter neque alio modo. Et quoad predicta libertates, privilegia et ffranchesias videlicet ffines et amerciamenta ad libitum suum taxare et imponere super quibuslibet personis negotianti- bus, Anglice, tradinge, cum aliquibus mercandizis vel aliis rebus quibus- cunque in partibus transmarinis illis et easdem personas absque ballio sine manucapcione ad libitum suum imprisonare, Ac etiam quascunque imposi- ciones eis placuerint super mercandizis et aliis rebus per aliquem personam vel aliquas personas non existentes de Societate sua predicta in partes transmarinas predictas extra hoc regnum Anglie transportatis vel transpor- tandis vel a partibus transmarinis predictis in hoc regnum Anglie adductis vel adducendis imponere et omnes alias exactiones in Informacione pre- dicta superius specificatas et in hoc placito per ipsos non clamatas iidem Nicholaus ffarrer [et al.] dicunt quod ipsi libertatibus, privilegiis et ffran- chesiis illis seu eorum aliquo nunquam usi fuerunt nec utuntur nec clamant uti sed in eisdem et in eorum quolibet penitus deadvocant et disclamant.
p. 33.
Et quoad habendum et clamandum libertates, privilegia et ffranchesias sequentia videlicet habere potestatem et authoritatem iurare et super sacramentum examinare quascunque personas iis placuerit in aliqua causa quacunque tangente vel concernente plantacionem predictam vel aliquam negociacionem quamcunque pertinentem ad eandem plantacionem iidem Nicholaus ffarrer [et al.] dicunt quod ante predictum tempus in Informacione predicta superius specificatum scilicet predicto duodecimo die Martii anno regni dicti domini Regis nunc Anglie etc. nono supradicto idem Dominus Rex per predictas litteras suas patentes datas apud West- monasterium eodem duodecimo die Martii anno regni sui Anglie etc, nono supradicto pro se ipso, heredibus et successoribus suis concessit prefato Thesaurario et Societati et Successoribus suis quod licitum esset prefato Thesaurario vel Deputato suo pro tempore existente vel aliquibus duobus aliis de consilio eiusdem domini Regis pro predicta prima Colonia in Vir- ginia pro tempore existente de tempore in tempus et ad omnia tempora tunc imposterum ministrare tale formale iuramentum quale per eorum discretionem racionabiliter devisaretur tam aliquibus persone vel personis use vel usis utende vel in, pro vel tangens predictam plantacionem pro eorum honesta, fideli et iusta exoneracione eorum servicii in omnibus talibus materiis quales committerentur eis pro bono et beneficio predicte Societatis, Colonie et plantacionis quam talibus aliis persone vel personis quales predictus Thesaurarius vel eius Deputatus cum duobus aliis de predicto consilio existimarent idoneos pro examinacione vel manifestacione veritatis in aliqua causa quacunque concernente predictam plantacionem vel aliquod negotium exinde progrediens vel adinde spectans prout per easdem litteras patentes inter alia plenius liquet et apparet. Et eo War- ranto iidem Nicholaus ffarrer [et al.] per totum tempus in Informacione predicta superius specificatum usi fuerunt et adhuc utuntur et clamant habere et uti potestate et authoritate iurare et super sacramentum exam- inare tales personas quales predictus Thesaurarius vel eius Deputatus cum duobus aliis de predicto consilio existimaverunt idoneos pro examinacione vel manifestacione veritatis in aliqua causa quacunque tangente vel con- cernente predictam plantacionem vel aliquam negociacionem ad eandem plantacionem pertinentem et non aliter neque alio modo prout eis virtute litterarum patentium predictarum bene licuit et licet absque hoc quod iidem Nicholaus ffarrer [et al.] per tempus predictum in Informacione predicta superius specificatum de libertatibus, privilegiis, et ffranchesiis predictis in isto placito superius specificatis de libertatibus, privilegiis et ffranchesiis predictis in isto placito superius specificatis et per ipsos modo et forma predicta clamatis seu eorum aliquo super dictum dominum Regem nunc usurpaverunt seu adhuc usurpant modo et forma prout per Informacionem predictam superius supponitur; Que omnia et singula iidem Nicholaus ffarrer, [et al.] parati sunt verificare prout curia etc. unde petunt judicium, Et quod omnia et singula libertates privilegia et ffran- chesias in hoc placito superius specificata et per ipsos ut prefertur clamata iuxta litteras patentes predictas eisdem liberis hominibus et periclitatoribus et plantatoribus predictis et Successoribus suis allocentur et adiudicentur, Et quod ipsi ab hac curia proinde dimittantur etc.
p. 34.
p. 35.
Et quoad residuum libertatum privilegiorum et ffranchesiarum predictarum in Informacione predicta superius specificatorum iidem Nicholaus ffarrer [et al.] dicunt quod ipsi libertatibus, privilegiis et ffranchesiis illis seu eorum aliquo nunquam usi fuerunt nec utuntur nec clamant uti sed in eisdem et in eorum quolibet deadvocant et disclamant. Et prefatus Thomas Coventrye, miles, attornatus domini Regis nunc generalis, qui pro eodem domino Rege in hac parte sequitur pro eodem domino Rege petit inde diem loquendi usque in octavis Sancti Hillarii, Et ei conceditur coram domino Rege ubicunque etc. idem dies datus est tam prefato Thome Coventrye qui sequitur etc. quam prefatis Nicholao ffarrer, [et al.].
Ad quas quidem octavas Sancti Hillarii coram domino Rege apud West- monasterium venerunt tam prefatus Thomas Coventrye, miles, attornatus dicti domini Regis generalis, qui sequitur etc. quam predicti Nicholaus ffarrer, [et al.] per attornatum suum predictum.
Et prefatus Thomas Coventrye, miles, attornatus dicti domini Regis nunc generalis, qui pro eodem domino Rege in hac parte sequitur pro eodem domino Rege dicit quod dictus dominus Rex nunc pro aliqua per prefatos Nicholaum ffarer [et al.] superius placitando allegata ab infor- macione sua predicta versus ipsos Nicholaum ffarrer [et al.] habend[a] precludi non debet Quia dicit quod placitum predictum per ipsos in forma predicta superius placitatum quoad habendum et clamandum libertates, privilegia et ffranchesias predicta superius mencionata et hic postea recitata videlicet eosdem liberos homines et periclitatores et plantatores civitatis Londonie pro prima colonia in Virginia fore incorporatos per nomen Thesaurarii et Societatis periclitatorum et plantatorum civitatis Londonie pro prima colonia in Virginia ac per illud nomen placitare et implacitari in omnibus curiis et locis quibuscunque ac coram quibus- cunque judicibus, justiciariis vel aliis personis quibuscunque tam in omnibus et singulis accionibus, sectis et querelis quam in omnibus et singulis aliis causis, negotiis materiis et demandis quibuscunque cuiuscunque sint generis, mature sive speciei ac per idem nomen fore personas habiles et in lege capaces ad perquirendum, habendum, recipien- dum, capiendum et possidendum sibi et successoribus suis tam de dicto domino Rege quam de aliquibus aliis personis vel corporibus corporatis aliqua dominia, maneria, terras, tenementa, redditus, reverciones, reven- ciones, servicia, possessiones, hereditamenta, bona et catalla, licencias, libertates, ffranchesias, proficua, commoditates quecunque eis per prefa- tum nomen sive aliis personis sive alicui alie persone ad eorum usum data, facta, habita, concessa sive confirmata ac per idem nomen dare, concedere, admittere, locare, disponere, assignare et alienare bona, catalla, terras, tenementa et hereditamenta sua quecunque cuicunque persone vel quibus- cunque personis ad eorum libitum materiaque in eodem placito contenta minus sufficientia in lege existunt ad ipsum dominum Regem ab infor- macione sua predicta quoad libertates privilegia et ffranchesias illa precludendum unde pro defectu sufficientis responsionis ipsorum Nicholai ffarrer [et al.] in hac parte petit judicium et quod ipsi iidem Nicholaus ffarrer [et al.] de et pro usurpacione libertatum, privilegiorum et ffranche- siarum illarum ultimo recitatorum convincantur etc.
p. 36.
p. 37.
Et idem Thomas Coventrye qui sequitur etc. pro eodem domino Rege ulterius dicit quod placitum predictum in forma predicta superius placita- tum quoad habendum et clamandum libertates, privilegia et ffranchesias predicta superius mencionata et hic postea recitata, videlicet, habere unum consilium infra hoc regnum Anglie continue residens consistere de diversis hominibus eiusdem Societatis et nominare, eligere et iurare quos- cunque voluerint fore de consilio illo, Necnon habere unum consilium con- tinue residens in dictis partibus transmarinis in Virginia consistere de diversis hominibus per ipsos nominandis et eligendis et nominare, eligere et iurare quoscunque voluerint fore de consilio illo materiaque in eodem placito contenta minus sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffran- chesias illa precludendum unde pro defectu sufficientis responsionis ipsorum Nicholai ffarrer [et al.] in hac parte petit judicium Et quod ipsi iidem Nicholaus ffarrer [et al.] de et pro usurpacione libertatum, privile- giorum et ffranchesiarum illorum ultima recitatorum convincantur etc.
Et idem attornatus generalis qui sequitur etc. ulterius dicit quod placitum superius, ut prefertur, placitatum quoad habendum et clamandum liber- tates, privilegia et ffranchesias predicta superius mencionata et hic postea recitata videlicet habere diversa communia sigilla pro omnibus et singulis causis et negotiis suis agendis et illa ad libitum suum frangere, mutare et de novo facere materiaque in eodem placito contenta minus sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffranchesias illa precludendum unde pro defectu sufficientis responsionis ipsorum Nicholai ffarrer [et al.] in hac parte petit judicium et quod ipsi iidem Nicholaus ffarrer [et al.] de et pro usurpacione libertatum, privilegiorum et ffranchesiarum illorum ultimo recitatorum convincantur etc.
p. 38.
Et idem attornatus generalis qui sequitur etc. pro eodem domino Rege ulterius dicit quod placitum predictum in forma predicta superius placita- tum quoad libertates, privilegia et ffranchesias predicta superius men- cionata et hic postea recitata videlicet eosdem Nicholaum ffarrer [et al.] habere potestatem et authoritatem quandocunque eis placuerit nominare, constituere et iurare unum de seipsis fore Thesaurarium eiusdem Societatis ac unum alium de seipsis fore Deputatum Thesaurarii eiusdem Societatis, Acetiam nominare, constituere et iurare de se ipsis tot et tales alios offici- arios et ministros tam infra hoc regnum Anglie residentes quam in patria de Virginia in partibus transmarinis inhabitantes et residentes quot et quales eis placuerit et Gubernatorem, Thesaurarium, Deputatum et alios officiarios et ministros illos ad libitum suum proprium exonerare, amovere, alterare et mutare materiaque in eodem placito contenta minus sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffranchesias illa precludenda unde pro defectu sufficientis responsionis ipsorum Nicholai ffarrer [et al.] in hac parte petit Judicium Et quod ipsi iidem Nicholaus ffarrer [et al.] de et pro usurpacione libertatum, privilegiorum et ffranchesiarum illorum ultimo recitatorum convincantur etc.
Et idem attornatus generalis qui sequitur etc. pro eodem domino Rege ulterius dicit quod placitum predictum in forma predicta superius placita- tum quoad libertates, privilegia et ffranchesias predicta superius mencionata et hic postea recitata videlicet eosdem Nicholaum ffarrer [et al.] habere sibi et successoribus suis totas illas terras, patrias, et territoria dicti domini Regis vocata Virginia et terras, patrias et territoria illa ad libitum suum proprium assignare, dare, vendere, alienare et disponere cuicunque persone et quibuscunque personis eis placuerit, Necnon habere regimen et solam gubernacionem omnium terrarum, patriarum et territoriorum predictorum materiaque in eodem placito contenta minus sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffranchesias illa precludendum unde pro defectu sufficientis responsionis ipsorum Nicholai ffarrer [et al.] in hac parte petit judicium Et quod ipsi iidem Nicholaus ffarrer [et al.] de et pro usurpacione libertatum, privilegiorum et ffranchesiarum illorum ultimo recitatorum convincantur etc.
p. 39.
Et idem Attornatus generalis qui sequitur etc. pro eodem domino Rege ulterius dicit quod placitum predictum in forma predicta superius placi- tatum quoad libertates, privilegia et ffranchesias predicta superius men- cionata et hic postea recitata videlicet eosdem Nicholaum ffarrer [et al.] facere, eligere et admittere in Societatem illam quascunque personas volue- rint tam alienas quam alios et diversas denariorum summas de eisdem personis capere, recipere et levare pro eorum admissione in Societatem pre- dictam quodque persone sic in Societatem predictam admisse et admittende erunt de Societate predicta et incorporate unacum ceteris de eadem Socie- tate, Necnon quascunque personas de eadem Societate ad libitum suum pro- prium a libertatibus et ffranchesiis eiusdem Societatis excludere et easdem personas disfranchesiare et a Societate illa amovere et exonerare materiaque in placito contenta minus sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffranchesias illa precludendum unde pro defectu sufficientis responsionis ipsorum Nicholai ffarrer [et al.] in hac parte petit judicium, Et quod ipsi iidem Nicholaus ffarrer [et al.] de et pro usurpacione libertatum, privilegi- orum et ffranchesiarum illorum ultimo recitatorum convincantur etc.
Et idem Attornatus generalis qui sequitur etc. pro eodem domino Rege ulterius dicit quod placitum predictum in forma predicta superius placitatum quoad libertates, privilegia et ffranchesias predicta superius mencionata et hic postea recitata videlicet eosdem Nicholaum ffarrer [et al.] habere et tenere tam infra civitatem Londonie predictam quam alibi infra hoc regnum Anglie Acetiam in partibus transmarinis in Virginia predicta quasdam domos consiliares et in eisdem domibus quandocunque eis videbitur expedire, habere et tenere curias, congregaciones sive convocaciones de quampluribus et diversis hominibus eiusdem Societatis tot et talibus quot et qualibus eis placuerit ac in eisdem curiis, congregacio- nibus et convocacionibus ad libitum suum proprium diversa statuta, leges et constituciones ordinare, facere et constituere et omnes personas tam de Societate predicta quam alias personas non existentes de eadem societate que statutis, ordinacionibus, legibus et constitucionibus illis non obedirent imprisonare ac fines et amerciamenta super eas ea de causa taxare et imponere et ea ad usus suos proprios levare et convertere et alias penas, penalitates et puniciones quascunque ad libitum suum proprium super easdem personas imponere et infligere materiaque in eodem placito contenta minus sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffranchesias illa precludenda unde pro defectu sufficientis responsionis ipsorum Nicholai ffarrer [et al.] in hac parte petit judicium Et quod ipsi iidem Nicholaus ffarrer [et al.] de et pro usurpacione libertatum, privilegiorum et ffran- chesiarum illarum ultimo recitatorum convincantur etc.
p. 40.
Et idem attornatus generalis qui sequitur etc. pro eodem domino Rege ulterius dicit quod placitum predictum in forma predicta superius placi- tatum quoad libertates, privilegia et ffranchesias predictas superius mencionata et hic postea recitata videlicet eosdem Nicholaum ffarrer [et al.] ad libitum suum proprium exportare et transportare extra hoc regnum Anglie in partes transmarinas predictas quascunque personas eis placuerit tam subditos dicti domini Regis quam alias personas quascunque eosque ad libitum suum proprium regere et gubernare tam in itinere suo super mare quam in partibus transmarinis predictis, Acetiam habere libertatem, potestatem et authoritatem contra leges et statuta huius regni Anglie transportare extra hoc regnum Anglie in partes transmarinas predictas omnes et omnimodas mercandizas, mercimonia et alias res quas- cunque per leges et statuta huius regni Anglie prohibitas transportari, Acetiam transportare extra hoc regnum Anglie in partes transmarinas predictas omnia genera armorum, armamentorum, instrumentorum bellicosorum, pulveris bombardici, victualium, equorum, equarum et omnium aliarum mercandizarum et rerum quarumcunque absque reddicione vel solucione subsidii, custume, imposicionis vel alie taxacionis quarumcunque dicto domino Regi vel ad usum eiusdem domini Regis, Necnon habere sibi et Successoribus suis regimen et solam gubernacionem omnium personarum inhabitantium, commorantium et residentium in totis illis terris, patria et territoriis dicti domini Regis vocatis Virginia seu in partes illas venientium seu negotiantium et easdem personas regere et gubernare secundum ordinaciones et constituciones Societatis illius Necnon habere potestatem et authoritatem uti et exercere tam infra partes transmarinas predictas quam super altum mare jus militare quandocunque eis placuerit materiaque in eodem placito contenta minus sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffranchesias illa precludendum unde pro defectu sufficientis responsionis ipsorum Nicholai ffarrer [et al.] in hac parte petit judicium Et quod iidem Nicholaus ffarrer [et al.] de et pro usurpacione libertatum, privilegiorum et ffranchesiarum illorum ultimo recitatorum convincantur etc.
p. 41.
Et idem attornatus generalis qui sequitur etc. pro eodem domino Rege ulterius dicit quod placitum predictum in forma predicta superius placita- tum quoad libertates, privilegia et ffranchesias predicta superius mencionata et hic postea recitata videlicet eosdem Nicholaum ffarrer [et al.] de omnibus personis tam subditis dicti domini Regis quam aliis negotiantibus, Anglice, tradinge, in partibus transmarinis illis tam non existentibus de Societate sua quam aliis diversas pecuniarum summas ad libitum suum proprium exigere omnesque qui dictas exacciones solvere negaverint vel neglexerint imprisonare, Necnon fines et amerciamenta ad libitum suum taxare et imponere super quibuslibet personis negotiantibus, Anglice, tradinge, cum aliquibus mercandizis vel aliis rebus quibuscunque in partibus trans- marinis illis et easdem personas absque ballio vel manucapcione ad libitum suum imprisonare, Acetiam quascunque imposiciones eis placuerit super mercandizis et aliis rebus per aliquam personam vel aliquas personas non existentes de societate sua predicta in partes transmarinas predictas extra hoc regnum Anglie transportatis vel transportandis vel a partibus trans- marinis predictis in hoc regnum Anglie adductis vel adducendis imponere et naves et mercandizas et alias res predictas capere, seisire et retinere irreplegiabiles quousque ipsi satisfacti sunt de imposicionibus sic per ipsos super mercandizis et aliis rebus illis impositis materiaque in eodem placito contenta minus sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffranchesias illa precludendum unde pro defectu sufficientis responsionis ipsorum Nicholai ffarrer [et. al.] in hac parte petit judicium et quod ipsi iidem Nicholaus ffarrer [et al.] de et pro usurpacione libertatum privi- legiorum et ffranchesiarum illorum ultimo recitatorum convincantur etc.
Et idem Attornatus generalis qui sequitur etc. pro eodem domino Rege ulterius dicit quod placitum predictum modo et forma predictis superius placitatum quoad habendum et clamandum libertates, privilegia et ffran- chesias predicta superius mencionata et hic postea recitata videlicet habere potestatem et authoritatem iurare et super sacramentum examinare quas- cunque personas eis placuerit in aliqua causa quacunque tangente vel concernente plantacionem predictam vel aliquam negociacionem quam- cunque pertinentem ad eandem plantacionem materiaque in eodem placito contenta minus sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffranchesias illa precludendum unde pro defectu sufficientis responsionis ipsorum Nicholai ffarrer [et al.] in hac parte petit judicium Et quod ipsi iidem Nicholaus ffarrer [et al.] de et pro usurpacione libertatum privilegiorum et ffranche- siarum illorum ultimo recitatorum convincantur etc.
p. 42.
Et predicti Nicholaus ffarrer [et al.] per attornatum suum predictum dicunt quod placitum predictum per ipsos in forma predicta superius placitatum quoad habendum et clamandum libertates, privilegia et ffranchesias pre- dicta superius mencionata et hic postea recitata videlicet eosdem liberos homines et periclitatores et plantatores predicte civitatis Londonie pro prima colonia in Virginia fore incorporatos per nomen Thesaurarii et Societatis periclitatorum et plantatorum civitatis Londonie pro prima colonia in Virginia ac per illud nomen placitare et implacitari in omnibus curiis et locis quibuscunque ac coram quibuscunque judicibus, justiciariis vel aliis personis quibuscunque tam in omnibus et singulis accionibus, sectis et querelis quam in omnibus et singulis aliis causis, negotiis, materiis et demandis quibuscunque cuiuscunque sint generis, nature, sive speciei ac per idem nomen fore personas habiles ac in lege capaces ad perquirendum, habendum, recipiendum, capiendum et possidendum sibi et Successoribus suis tam de dicto domino Rege quam de aliquibus aliis personis vel cor- poribus corporatis aliqua dominia, maneria, terras, tenementa, redditus, reverciones, revenciones, servicia, possessiones, hereditamenta, bona et catalla, licencias, libertates, ffranchesias, proficua, commoditates quecun- que eis per prefatum nomen sive aliis personis sive alicui alie persone ad eorum usum data, facta, habita, concessa sive confirmata ac per dictum nomen dare concedere, dimittere, locare, disponere, assignare et alie- nare bona, catalla, terras, tenementa et hereditamenta sua quecunque cuicunque persone vel quibuscunque personis ad eorum libitum materia- que in eodem placito contenta bona et sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta versus ipsos Nicholaum ffarrer [et al.] quoad libertates, privilegia et ffranchesias illa habenda pre- cludendum Quodquidem placitum materiamque in eodem contentam iidem Nicholaus ffarrer [et al.] parati sunt verificare unde ex quo idem attornatus dicti domini Regis pro eodem domino Rege ad placitum illud non respondit nec illud aliqualiter dedicit sed verificacionem illam ad- mittere omnino recusat in hac parte petunt judicium Et quod ipsi iidem Nicholaus ffarrer [et al.] quoad libertates, privilegia et ffranchesias illa per curiam hic dimittantur etc.
Et predicti Nicholaus ffarrer [et al.] per attornatum suum predictum ulterius dicunt quod placitum predictum in forma predicta superius placitatum quoad habendum et clamandum libertates, privilegia et ffranchesias predicta superius mencionata et hic postea recitata, videlicet, habere unum consilium infra hoc regnum Anglie continue residens consistere de diversis hominibus eiusdem Societatis et nominare, eligere et jurare quoscunque voluerint fore de consilio illo necnon habere unum consilium continue residens in dictis partibus transmarinis in Virginia consistere de diversis hominibus per ipsos nominandis et eligendis et nominare, eligere et iurare quoscunque voluerint fore de consilio illo materiaque in eodem contenta bona et sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta versus ipsos quoad libertates, privilegia et franchesias illa habenda, precludendum; Quodquidem placitum materiam- que in eodem contentam iidem Nicholaus ffarrer [et al.] parati sunt verificare unde ex quo idem attornatus dicti domini Regis pro eodem domino Rege ad placitum illud non respondit nec illud aliqualiter dedicit Sed verifica- cionem illam admittere omnino recusat in hac parte petunt judicium Et quod ipsi iidem Nicholaus ffarrer [et al.] quoad libertates, privilegia et ffranchesias illa per curiam hic dimittantur etc.
p. 43.
Et predicti Nicholaus ffarrer [et al.] per attornatum suum predictum ulterius dicunt quod placitum predictum superius, ut prefertur, placitatum quoad habendum et clamandum libertates, privilegia et ffranchesias predicta superius mencionata et hic postea recitata videlicet habere diversa communia sigilla pro omnibus et singulis causis et negotiis suis agendis et illa ad libitum suum frangere, mutare et de novo facere, mate- riaque in eodem placito contenta bona et sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffranchesias illa versus ipsos habenda precludendum; Quod- quidem placitum materiamque in eodem contentam iidem Nicholaus ffarrer [et al.] parati sunt verificare, Unde ex quo idem attornatus dicti domini Regis ad placitum illud non respondit nec illud aliqualiter dedicit sed verificacionem illam admittere omnino recusat in hac parte petunt judicium, Et quod ipsi iidem Nicholaus ffarrer [et al.] quoad libertates, privilegia et ffranchesias illa per curiam hic dimittantur etc.
Et predicti Nicholaus ffarrer [et al.] per attornatum suum predictum ulterius dicunt quod placitum predictum in forma predicta superius placitatum quoad libertates, privilegia et ffranchesias predicta superius mencionata et hic postea recitata, videlicet, eosdem Nicholaum ffarrer [et al.] habere potestatem et authoritatem quandocunque eis placuerit nominare, con- stituere et iurare unum de seipsis fore Thesaurarium eiusdem Societatis ac unum alium de seipsis fore deputatum Thesaurarii eiusdem Societatis, Acetiam nominare, constituere et iurare de seipsis tot et tales alios offi- ciarios et ministros tam infra hoc regnum Anglie residentes quam in patria de Virginia in partibus transmarinis inhabitantes et residentes quot et quales eis placuerit et Gubernatorem, Thesaurarium, Deputatum, et alios officiarios et ministros illos ad libitum suum proprium exonerare, amovere, alterare et mutare, materiaque in eodem placito contenta bona et suffi- cientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffranchesias illa versus ipsos habenda precludendum Quodquidem placitum materiamque in eodem contentam iidem Nicholaus ffarrer [et al.] parati sunt verificare, unde ex quo idem attornatus dicti domini Regis pro eodem domino Rege ad placitum illud non respondit nec illud aliqualiter dedicit Sed verificacionem illam admit- tere omnino recusat in hac parte petunt judicium, Et quod ipsi iidem Nicholaus ffarrer [et al.] quoad libertates, privilegia et ffranchesias illa per curiam hic dimittantur etc.
Et predicti Nicholaus ffarrer [et al.] per attornatum suum predictum ulte- rius dicunt quod placitum predictum in forma predicta superius placitatum quoad libertates, privilegia et ffranchesias predicta superius mencionata et hic postea recitata, videlicet, eosdem Nicholaum ffarrer [et al.] habere Sibi et Successoribus suis totas illas terras, patrias et territoria dicti domini Regis vocata Virginia et terras, patrias et territoria illa ad libitum suum proprium assignare, dare, vendere, alienare et disponere cuicunque persone et quibuscunque personis eis placuerit, necnon habere regimen et solam gubernacionem omnium terrarum, patriarum et territoriorum predictorum, materiaque in eodem placito contenta bona et sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffranchesias illa versus ipsos habenda precludendum Quod- quidem placitum materiamque in eodem contentam iidem Nicholaus ffarrer [et al.] parati sunt verificare unde ex quo idem attornatus dicti domini Regis pro eodem domino Rege ad placitum illud non respondit nec illud aliqualiter dedicit Sed Verificacionem illam admittere omnino recusat in hac parte petunt judicium Et quod ipsi iidem Nicholaus ffarrer [et al.] quoad libertates, privilegia et ffranchesias illa per curiam hic dimittantur etc.
p. 44.
Et predicti Nicholaus ffarrer [et. al.] per attornatum suum predictum ulterius dicunt quod placitum predictum in forma predicta superius placi- tatum quoad libertates, privilegia et ffranchesias predicta superius men- cionata et hic postea recitata, videlicet, eosdem Nicholaum ffarrer [et al.] facere, eligere et admittere in Societatem illam quascunque personas voluerint tam alienas quam alias et diversas denariorum summas de eisdem personis capere, recipere et levare pro eorum admissione in Societatem pre- dictam quodque persone sic in Societatem predictam admisse et admittende erunt de Societate predicta et incorporate unacum ceteris de eadem Socie- tate, Necnon quascunque personas de eadem Societate ad libitum suum proprium a libertatibus et ffranchesiis eiusdem Societatis excludere et easdem personas disfranchesiare et a societate illa amovere et exonerare, materiaque in eodem placito contenta bona et sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffranchesias illa versus ipsos habenda precludendum Quodqui- dem placitum materiamque in eodem contentam iidem Nicholaus ffarrer [et al.] parati sunt verificare, unde ex quo idem attornatus dicti domini Regis pro eodem domino Rege ad placitum illud non respondit nec illud aliqualiter dedicit Sed verificacionem illam admittere omnino recusat in hac parte petunt judicium, Et quod ipsi iidem Nicholaus ffarrer [et al.] quoad libertates privilegia et ffranchesias illa per curiam hic dimittantur etc.
Et predicti Nicholaus ffarrer [et al.] per attornatum suum predictum ulterius dicunt quod placitum predictum in forma predicta superius placi- tatum quoad libertates, privilegia et ffranchesias predicta superius mencio- nata et hic postea recitata, videlicet, eosdem Nicholaum ffarrer [et al.] ha- bere et tenere tam infra civitatem Londonie predictam quam alibi infra hoc regnum Anglie Acetiam in partibus transmarinis in Virginia predicta quas- dam domos consiliares et in eisdem domibus quandocunque eis videbitur expedire habere et tenere curias, congregaciones sive convocaciones de quampluribus et diversis hominibus eiusdem Societatis tot et talibus quot et qualibus eis placuerit ac in eisdem curiis, congregacionibus et convoca- cionibus ad libitum suum proprium diversa statuta, leges et constituciones ordinare, facere et constituere et omnes personas tam de Societate predicta quam alias personas non existentes de eadem Societate que statutis, ordi- nacionibus, legibus et constitucionibus illis non obedirent imprisonare ac fines et amerciamenta super eas ea de causa taxare et imponere et ea ad usus suos proprios levare et convertere ac alias penas, penalitates et puni- ciones quascunque ad libitum suum proprium super eisdem personis imponere et infligere materiaque in eodem placito contenta bona et suffi- cientia in lege existunt ad ipsum dominum Regem ab informacione sua pre- dicta quoad libertates, privilegia et ffranchesias illa versus ipsos habenda precludendum Quodquidem placitum materiamque in eodem contentam iidem Nicholaus ffarrer [et al.] parati sunt verificare unde ex quo idem attornatus dicti domini Regis pro eodem domino Rege ad placitum illud non respondit nec illud aliqualiter dedicit sed verificacionem illam superinde admittere omnino recusat in hac parte petunt judicium. Et ipsi iidem Nicholaus ffarrer [et al.] quoad libertates privilegia et ffranchesias illa per curiam hic dimittantur etc.
p. 45.
Et predicti Nicholaus ffarrer, [et al.] colonia in Virginia per attornatum suum predictum ulterius dicunt quod placitum predictum in forma predicta superius placitatum quoad libertates, privilegia et ffranchesias predicta superius mencionata et hic postea recitata videlicet eosdem Nicholaum ffarrer [et al.] ad libitum suum proprium exportare et transportare extra hoc regnum Anglie in partes transmarinas predictas quascunque personas eis placuerit tam subditas dicti domini Regis existentes quam alias personas quascunque eosque ad libitum suum proprium regere et gubernare tam in itinere suo super mare quam in partibus transmarinis predictis, Acetiam habere libertatem, potestatem et authoritatem contra leges et statuta huius regni Anglie transportare extra hoc regnum Anglie in partes trans- marinas predictas omnes et omnimodas mercandizas, mercimonia et alias res quascunque per leges et statuta huius regni Anglie prohibitas transportari, acetiam transportare extra hoc regnum Anglie in partes transmarinas predictas omnia genera armorum, armamentorum, instru- mentorum bellicosorum, pulveris bombardici, victualium, pecorum, equorum, equarum et omnium aliarum mercandizarum et rerum qua- rumcunque absque reddicione vel solvicione subsidii, custuma, impo- sicionis vel aliarum taxacionum quarumcunque dicto domino Regi vel ad usum eiusdem domini Regis, Necnon habere sibi et successoribus suis regimen et solam gubernacionem omnium personarum inhabitantium, commorantium et residentium in totis illis terris, patria et territoriis dicti domini Regis vocatis Virginia seu in partes illas venientium seu negotiantium et easdem personas regere et gubernare secundum ordina- ciones et constituciones societatis illius, Necnon habere potestatem et authoritatem uti et exercere tam infra partes transmarinas predictas quam super altum mare jus militare quandocunque eis placuerit, ma- teriaque in eodem placito contenta bona et sufficientia in lege existunt ad ipsum dominum Regem ab Informacione sua predicta quoad libertates, privilegia et ffranchesias illa versus ipsos habenda, precludendum Quod quidem placitum materiamque in eodem contentam idem Nicholaus ffar- rer [et al.] parati sunt verificare unde ex quo idem attornatus dicti domini Regis pro eodem domino Rege ad placitum illud non respondit nec illud aliqualiter dedicit sed verificacionem illam superinde admittere omnino recusat in hac parte petunt judicium, et quod ipsi iidem Nicholaus ffarrer, [et al.] quoad libertates, privilegia et ffranchesias illa per curiam hic di- mittantur etc.
Et predicti Nicholaus ffarrer [et al.] per attornatum suum predictum ulterius dicunt quod placitum predictum in forma predicta superius placitatum quoad libertates, privilegia et franchesias predicta superius mencionata et hic postea recitata, videlicet, eosdem Nicholaum ffarrer [et al.] de omnibus personis tam subditis dicti domini Regis quam aliis negotiantibus, Anglice, tradinge, in partibus transmarinis illis tam non existentibus de societate sua quam aliis diversas pecuniarum summas ad libitum suum proprium exigere omnesque qui dictas exacciones solvere negaverint vel neglexerint imprisonare necnon fines et amerciamenta ad libi- tum suum taxare et imponere super quibuslibet personis negotiantibus, Anglice, tradinge, cum aliquibus mercandizis vel aliis rebus quibuscunque in partibus transmarinis illis et easdem personas absque ballio vel manu- capcione ad libitum suum imprisonare, acetiam quascunque imposiciones eis placuerint super mercandizis et aliis rebus per aliquam personam vel aliquas personas non existentes de societate sua predicta in partes trans- marinas predictas extra hoc regnum Anglie transportatis vel transportandis vel a partibus transmarinis predictis in hoc regnum Anglie adductis vel adducendis imponere, et naves et mercandizas et alias res predictas capere, seisire et retinere irreplegiabiles quousque ipsi satisfacti sunt de imposi- cionibus sic per ipsos super mercandizis et aliis rebus illis impositis, mate- riaque in eodem placito contenta bona et sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta versus ipsos habenda precludendum Quodquidem placitum materiamque in eodem contentam iidem Nicholaus ffarrer [et al.] parati sunt verificare, unde ex quo idem attornatus dicti domini Regis pro eodem domino Rege ad placitum illud non respondit nec illud aliqualiter dedicit sed verificacionem illam superinde admittere omnino recusat in hac parte petunt judicium, Et quod ipsi iidem Nicholaus ffarrer [et al.] quoad libertates, privilegia et ffran- chesias illa per curiam hic dimittantur etc.
p. 46,
Et predicti Nicholaus ffarrer [et al.] per attornatum suum predictum Ulterius dicunt quod placitum predictum modo et forma predictis superius placitatum quoad habendum et clamandum libertates, privilegia et ffran- chesias predicta superius mencionata et hic postea recitata, videlicet, habere potestatem et authoritatem iurare et super sacramentum examinare quascunque personas eis placuerit in aliqua causa quacunque tangente vel concernente plantacionem predictam vel aliquam negociacionem quamcunque pertinentem ad eandem plantacionem, materiaque in eodem placito contenta bona et sufficientia in lege existunt ad ipsum dominum Regem ab informacione sua predicta quoad libertates, privilegia et ffran- chesias illa versus ipsos habenda precludendum Quodquidem placitum materiamque in eodem contentam iidem Nicholaus ffarrer [et al.] parati sunt verificare, unde ex quo idem attornatus dicti domini Regis pro eodem domino Rege ad placitum illud non respondit nec illud aliqualiter dedicit sed verificacionem illam superinde admittere omnino recusat in hac parte petunt judicium et quod ipsi iidem Nicholaus ffarrer [et al.] quoad liber- tates, privilegia et ffranchesias illa per curiam hic dimittantur etc.
Et quia curia domini Regis hic de judicio suo de et super premissis reddendo nondum advisatur dies inde data est tam prefato Thome Coventrye attor- nato generali qui sequitur etc quam prefato Nicholao ffarrer [et al.] coram domino Rege usque a die pasche in quintam decimam diem—– ubicunque etc. de judicio suo inde audiendo etc. ad quamquidem quintam decimam pasche coram domino Rege apud Westmonasterium venerunt tam prefatus Thomas Coventrye qui sequitur etc quam predicti Nicholaus ffarrer [et al.] per attornatum suum predictum,
p. 47.
Et quia curia domini Regis hic de judicio suo de et super premissis reddendo nondum advisatur dies inde data est tam prefato Thome Coventrye qui sequitur etc. quam predictis Nicholas ffarrer [et al.] coram domino Rege usque crastinum sancte Trinitatis ubicunque etc. de iudicio suo inde audiendo etc. ad quodquidem crastinum sancte Trinitatis coram domino Rege apud Westmonasterium venerunt tam prefatus Thomas Coventrye qui sequitur etc. quam predicti Nicholaus ffarrer [et al.] per attornatum suum predictum.
Et idem attornatus dicti domini Regis pro eodem domino Rege petit iudicium, Et quod predicti Nicholaus ffarrer [et al.] de premissis per curiam hic convincantur etc.
Super quo visis et per curiam dicti domini Regis hic intellectis tam materia in Informacione predicta per prefatum Thomam Coventrye pro ipso domino Rege hic in curia exhibita quam placito predicto prefatorum Nicholai ffarrer [et al.] ad informacionem predictam per ipsos superius placitato ac omnibus et singulis premissis maturaque deliberacione inde prius habita pro eo quod videtur curie domini Regis hic quod placitum predictum prefatorum Nicholai ffarrer [et al.] in forma predicta superius placitatum quoad habendum, utendum, gaudendum seu clamandum libertates, privilegia et ffranchesias predicta in Informacione predicta superius specificata ac per prefatum Nicholaum ffarrer [et al.] per placitum suum predictum superius clamata et vindicata minus sufficiens in lege existit ad precludendum dictum dominum Regem de Informacione sua predicta pro usurpacione libertatum, privilegiorum et ffranchesiarum predictorum in Informacione predicta specificatorum super dictum dominum Regem consideratum est quod predicti Nicholaus ffarrer [et al.] de usurpacione super dictum dominum Regem omnium et singulorum libertatum, privilegiorum et ffranchesiarum predictarum in Informacione predicta specificatorum modo et forma prout per informacionem pre- dictam superius versus eos supponitur et per ipsos in forma predicta clamatorum convincantur, Et quod eedem libertates privilegia et ffran- chesie in manus dicti domini Regis nunc capiantur et seisiantur, Et quod predicti Nicholaus ffarrer [et al.] de et in libertates privilegias et ffranche- sias predicta amodo nullatenus se intromittant nec eorum aliquis intro- mittat sed ab omni usu et clameo eorundem et eorum cuiuslibet exclu- dantur et eorum quilibet excludatur, quodque predicti Nicholaus ffarrer, Johannes Danvers, miles, Johannes ffarrer, Thomas Wheatelye, Ricardus Caswell, Thomas Sheapheard, Johannes Cuffe, Gabriel Barber, Anthonius Withers, Georgius Scott, Johannes Kirrell, Thomas Morrys, Willelmus Webb, Ricardus Bull, Willelmus Nicholls, Patricius Copeland, Georgius Smythe, Ricardus Tomlyns, Edwardus Brewster, Willelmus Ewens, Georgius Swinehowe, Edwardus Ryder, Gilbertus Morewood et Ed- mundus Morgan liberi homines et periclitatores et plantatores, Anglice, Adventurers and planters, civitatis Londonie pro prima colonia in Virginia et alii liberi homines existentes periclitatores et plantatores civitatis Londonie pro prima colonia in Virginia pro usurpacione liber- tatum, privilegiorum et ffranchesiarum predictorum super dictum dominum Regem capiantur ad satisfaciendum dicto domino Regi de fine suo pro usurpacione libertatum, privilegiorum et ffranchesiarum illorum etc.
libertates seisian- tur.
p. 48.
capiantur.
[Translation]
Yet of Michaelmas Term: King['s Roll]: Be it remembered that Sir Thomas Coven- trye, attorney general of our lord the King who now is, who for our same lord the King in this cause sues in his own proper person, came here in the court of our said lord the King before the King himself at Westminster on Tuesday next after the morrow of All Souls in that same term and for our same lord the King produced here in the court of our said lord the King before the King himself then there a certain information against Nicholas ffarrer, Sir Edwin Sandis, Sir John Danvers, John ffarrer, Thomas Kiteley, Thomas Wheatley, Richard Caswell, Thomas Shepheard, John Cuffe, Gabriel Barber, William Deereblocke, Anthony Withers, George Scott, Edward Hacket, John Kirrell, Thomas Morris, William Webb, Richard Bull, William Nicholls, Patrick Copeland, William Browne, George Smythe, Richard Tomlyns, Edward Brewster, William Ewens, Thomas Winston, doctor of medicine, George Swinehowe, Edward Ryder, Gilbert Morewood, and Edmund Morgan, free men and adventurers and planters of the city of London for the first colony in Virginia, and other free men being adventurers and planters of the city of London for the first colony in Virginia, which follows in these words London, to wit, Be it remembered that Sir Thomas Coventrye, attorney general of our lord the King, who now is, who for our same lord the King in this cause sues in his own proper person, comes here in the court of our said lord the King before the King himself at Westminster on Tuesday next after the morrow of All Souls in that same term and for our same lord the King gives the court here to understand and to be informed that Nicholas ffarrer, Sir Edwin Sandis, Sir John Danvers, John ffarrer, Thomas Kiteley, Thomas Wheatley, Richard Caswell, Thomas Shepheard, John Cuffe, Gabriel Barber, William Deere- blocke, Anthony Withers, George Scott, Edward Hackett, John Kirrell, Thomas Morris, William Webb, Richard Bull, William Nicholls, Patrick Copeland, William Browne, George Smyth, Richard Tomlyns, Edward Brewster, William Ewens, Thomas Winston, doctor of medicine, George Swinhowe, Edward Ryder, Gilbert Morewood, and Edmund Morgan, free men and adventurer and planters, of the city of London for the first colony in Virginia, and other free men being adventurers and planters of the city of London for the first colony in Virginia, for the space of three years now last past and more used and still use and claim to have and use within the city of London and the liberty of the same and in all places outside the city aforesaid within this realm of England and in several parts over sea outside this realm of Eng- land, without any warrant or regular grant, the following liberties, privileges, and franchises, namely, to be incorporated by the name of Treasurer and Company of Adventurers and Planters of the City of London for the First Colony in Virginia, and by that name to plead and be impleaded in all courts and places whatsoever and before whatsoever judges, justices, and other persons whatsoever, both in all and singular actions, suits, and pleas and in all and singular other causes, businesses, matters, and demands whatsoever of whatsoever kind, nature, or species they may be, and, by the same name, to be persons able and in law capable of acquiring, holding, receiving, taking, and possessing to themselves and their successors, both of our said lord the King and of any other persons or bodies corporate, any demesnes, manors, lands, tenements, rents, reversions, reventions, services, possessions, hereditaments, goods and chattels, licenses, liberties, franchises, profits, and commodities what- soever to them by the aforesaid name or to other persons or to any other person for their use given, made, held, granted, or confirmed, and, by the said name, to give, grant, demise, let, dispose, assign, and alienate any of their goods, chattels, lands, tenements, and hereditaments whatsoever to any person or persons at their pleasure, and also, to have divers common seals for all and singular causes and businesses requiring to be transacted, and to break, change, and make anew these at their pleasure, and also to have power and authority whensoever it shall please them to nominate, appoint, and swear one of themselves to be Treasurer of the same Com- pany and another of themselves to be Deputy Treasurer of the same Company, and also to nominate, appoint, and swear from among themselves as many officers and ministers both residing within this realm of England and dwelling and residing in the country of Virginia in parts across the sea as it shall please them, and at their will to discharge, remove, alter, and change the governor, deputy treasurer, and other officers and ministers, and to make, elect, and admit into that company whatsoever persons they wish, both foreign and others, and from the same persons to take, receive, and levy sums of money for their admission into the aforesaid Company, and that the persons admitted into the aforesaid Company and to be admitted shall be of the aforesaid Company and incorporated together with the others of the same Company, and to exclude at their own will any persons whatsoever of the same Company from the liberties and franchises of the same Company and to disfranchise the same persons and to remove and discharge them from that Company, and to hold to themselves and their successors all these lands, parts, and territories of the said lord King called Virginia, and these lands, countries, and teritories at their own pleasure to assign, give, sell, alienate, and dispose to any person or persons they please, and to have the direction and sole governance of all the lands, countries, and territories aforesaid and of all persons dwelling, remaining, and residing in the same or coming into these parts or trading, and to direct and govern the same persons according to the ordi- nances and constitutions of that Company, and to have a council within this realm of England continually residing, to consist of divers men of the same Company and to nominate, elect, and swear whomsoever they shall wish to be of that council, and to have a council continuously residing in the said parts beyond the sea in Virginia to consist of divers men nominated and elected by themselves, and to nominate, elect, and swear whomsoever they shall wish to be of that council, and to have and to hold both within the city of London aforesaid and elsewhere within this realm of England and also in the parts across the sea in Virginia aforesaid certain council houses and in the same houses, whensoever it shall seem to them to be expedient, to have and to hold courts, assemblies, or convocations of several and divers men of the same Company as many and of such sort as it shall please them, and in the same courts, assemblies, and convocations at their own pleasure to ordain, make, and constitute divers statutes, laws, and constitutions, and to imprison all persons both of the Company aforesaid and other persons not being of the same Company who should not obey these statutes, ordinances, laws, and constitutions, and to impose fines and amercements upon them for the same reason, and to levy and convert these to their own proper uses, and to impose and inflict upon the same persons any other pains, penalties, and punishments whatsoever at their own pleasure, and, also, at their own pleasure to export and transport outside this realm of England into the aforesaid parts across the sea whatsoever persons it shall please them, both subjects of our said lord the King and any other persons whatsoever, and to rule and govern them at their own pleasure both in their voyage upon the sea and in the parts across the sea aforesaid, and, also, to have the liberty, power, and authority, contrary to the laws and statutes of this realm of England, to transport outside this realm of England to the parts across the sea all and all kinds of merchandize and all other things whatsoever forbidden to be transported by the laws and statutes of this realm of England, and also to transport outside this realm of England into the parts across the sea aforesaid all kinds of arms, armaments, instruments of war, guns, powder, victuals, cattle, horses, mares, and all other merchandize and things whatsoever without rendering or payment of subsidy, custom, imposition, or other taxation whatsoever to our said lord the King or for the use of our same lord the King, and also to exact divers sums of money at their own pleasure from all persons both sub- jects of our said lord the King and others trading in those parts across the sea, both those not being of their Company aforesaid and others, and to imprison all those who refuse or neglect to pay the said exactions, and to have the sole and only right of import of all and singular merchandize and things brought or to be brought from those parts beyond the sea to this realm of England, and of their own authority to prohibit all and singular persons whatsoever who are not of their Company aforesaid from trans- porting outside this realm of England to those parts across the sea any merchandize or other things whatsoever for trade there in those parts across the sea or to bring any merchandize or any other things whatsoever from those parts across the sea into this realm of England, and to tax and impose fines and amercements at their pleasure upon any persons trading, with any merchandize or other things whatsoever, in those parts across the sea and to imprison the same persons without bail or mainprise at their pleasure, and also to impose whatsoever impositions they please upon mer- chandise and other things transported or to be transported into the aforesaid parts across the sea outside this kingdom of England or brought or to be brought from the parts across the sea aforesaid into this kingdom of England by any person or persons not being of their aforesaid Company, and to take, seize and retain irreplevisable the ships, merchandise, and other things aforesaid until they themselves are satisfied of the impositions so imposed by themselves upon this merchandize and those other things, and to have power and authority to use and exercise military law whensoever it shall please them, both within the parts across the sea aforesaid and upon the high sea, and also to swear or examine upon oath whatsoever persons they please in any cause whatsoever touching or concerning the plantation aforesaid or any negotiation whatsoever pertaining to the same plantation, which liberties, all and singular, privileges and franchises the same Nicholas ffarrer, Edwin Sandis, John Danvers, John ffarrer, Thomas Kiteley, Thomas Wheatley, Richard Caswell, Thomas Shep- heard, John Cuffe, Gabriel Barber, William Deereblocke, Anthony Withers, George Scott, Edward Hackett, John Kirrell, Thomas Morris, William Webb, Richard Bull, William Nicholls, Patrick Copeland, William Browne, George Smyth, Richard Tomlyns, Edward Brewster, William Ewens, Thomas Winston, George Swinhowe, Edward Ryder, Gilbert Morewood and Edmund Morgan and all other free men of the Company aforesaid through the whole time aforesaid have usurped and still usurp over our said lord the King to the grave loss and prejudice of our said lord the King who now is and his royal prerogative and in great contempt of the crown and dignity of our said lord the King who now is, whereupon the same attorney of our said lord the King for our same lord the King seeks the advice of the court in the premises and that a due process of law be made against the same Nicholas ffarrer, Edwin Sandis, John Danvers, John ffarrer, Thomas Kiteley, Thomas Wheatley, Richard Caswell, Thomas Shepheard, John Cuffe, Gabriel Barber, William Deere- block, Anthony Withers, George Scott, Edward Hackett, John Kirrell, Thomas Morris, William Webb, Richard Bull, William Nicholls, Patrick Copeland, William Browne, George Smithe, Richard Tomlyns, Edward Brewster, William Ewens, Thomas Winston, George Swinhowe, Edward Ryder, Gilbert Morewood, and Edmund Morgan, and all other free men of the Company aforesaid in this part to answer to our said lord the King by what warrant they claim to have the liberties, privileges, and franchises aforesaid, etc., whereby the sheriff was directed that he should not fail, etc., to make them come to answer, etc.
p. 2.
p. 3.
p. 4.
And now, to wit, on Friday next after the quindeme of St. Martin in that same term, there came before our lord the King at Westminster the aforesaid Nicholas ffarrar, Sir John Danvers, John ffarrar, Thomas Wheatley, Richard Caswell, Thomas Shep- heard, John Cuffe, Gabriel Barber, Anthony Withers, George Scott, John Kirrell, Thomas Morris, William Webb, Richard Bull, William Nicholls, Patrick Copeland, George Smyth, Richard Tomlyns, Edward Brewster, William Ewens, George Swin- howe, Edward Ryder, Gilbert Morewood, and Edmund Morgan, 1
From the list of thirty persons impleaded by name, as given in the four repetitions preceding this point in the record, six names—those of Sir Edwin Sandys, Thomas Kiteley, William Deere- block, Edward Hackett, William Browne, and Doctor Thomas Winston—are here omitted, and they are omitted hereafter, so that in all its many subsequent repetitions the list consists of these same twenty-four names. From this point on, therefore, their repetition is dispensed with.
free men and adventurers and planters, of the city of London for the first colony in Virginia, and other free men being adventurers and planters of the city of London for the first colony in Virginia, by Edward Offley their attorney, and they seek the hearing of the information aforesaid and it is read to them, etc., which having been read and heard the same Nicholas ffarrer [et al.—the same 24 names, "free men", etc., "and other free men", etc.], say that they themselves do not intend that our said lord the King who now is should wish, or that he ought, by reason of the premises, further to proceed against or trouble the same Nicholas ffarrer [et al.—the same 24 names, "free men", etc., "and other free men", etc.], because, as to having and claiming the following liberties, privileges, and franchises, namely, that the same free men and adventurers and planters of the aforesaid city of London for the first colony in Vir- ginia be incorporated by the name of Treasurer and Society of Adventurers and Planters of the City of London for the First Colony in Virginia, and by that name plead and be impleaded in all courts and places whatsoever and before whatsoever judges, justices, or other persons whatsoever, both in all and singular actions, suits, and pleas and in all and singular other causes, businesses, matters, and demands whatsoever of whatsover kind, nature, or species they may be, and, by the same name, be persons able and in law capable of acquiring, holding, receiving, taking, and possessing to themselves and their successors, both from our said lord the King and from any other persons or bodies corporate any demesnes, manors, lands, tene- ments, rents, reversions, reventions, services, possessions, hereditaments, goods and chattels, licences, liberties, franchises, profits, commodities whatsoever to them by the aforesaid name, or to other persons, or to any other person for their use given, made, held, granted or confirmed, and, by the said name, give, grant, demise, let, dispose, assign and alienate their goods, chattels, lands, tenements, and heredita- ments whatsoever to any person or persons whatsoever at their will, the same Nicholas ffarrer [et al.—the same 24 names, "free men", etc., "and other free men", etc.], say that before the aforesaid time specified in the aforesaid information, to wit, the twenty-third day of May in the seventh year of the reign of our said lord the King who now is of England, etc., our same lord the King who now is, by his letters patent in due manner completed, sealed under his great seal of England and produced in the court of our said lord the King who now is, bearing date at Westminster on the same twenty-third day of May in the seventh year of his reign of England, etc., aforesaid, reciting by the same letters patent that since, at the humble supplication and petition of divers beloved and well affected subjects of our lord the King himself intending to found a colony and to make a habitation and plantation of divers of the people of our same lord the King in that part of America commonly called Vir- ginia and in other parts and territories in America, either pertaining to our same lord the King or which had not been possessed by any Christian prince or people, within certain metes and regions, our same lord the King by his former letters patent bearing date the tenth day of April in the fourth year of his reign of England, France, and Ireland, and the thirty-ninth of Scotland, had granted to Sir Thomas Bates, Sir George Summers, and others, for the quicker accomplishment of the aforesaid plantation and habitation, that they themselves should divide themselves into two colonies, one of them consisting of divers knights, gentlemen, merchants, and others of our lord the King's city of London, called the first colony, and the other of them of divers knights, gentlemen, and others of the cities of Bristol and Exeter and the vill of Plymouth and other places, called the second colony, and had given and granted very many and divers privileges and liberties to each colony for their quiet settling and good ruling in the same, as by the same former letters patent then more fully appeared, for that divers beloved subjects of our said lord the King, adventurers and planters of the aforesaid first colony, who before the time of the completion of the same letters patent of the aforesaid date of the twenty-third day of May in the seventh year of the reign of our same lord the King had engaged them- selves, in moving the business of the same plantation and with the help of God had intended further to prosecute that business to a happy issue, then lately had humbly prayed our same lord the King that, in respect of their great expenses and of the risk and danger of the lives of very many of them which they had exposed to dangers and risks in the investigation and plantation of the country aforesaid, our same lord the King would deign to grant to them a further enlargement and explanation of the aforesaid grant of privileges and liberties, and that such councillors and other officers should be appointed among them to order and direct their businesses as were prepared and willing to adventure with them and also whose dwellings were not so far distant from the city of London that they would not at convenient times be ready and prepared to afford counsel and help as occasions required, our same lord the King, cordially desiring the effective prosecution and happy success of the afore- said plantation, and thinking worthy of praise their desires in the same business to progress more eagerly in the accomplishment of a work so excellent and pleasing to God and useful to the realm of our lord the King, of his special grace, certain knowl- edge, and mere motion, did for himself, his heirs and successors by his same letters patent give and grant and confirm to his faithful and beloved subjects Robert, earl of Salisbury, Thomas, earl of Suffolk, Henry, earl of Southampton, William, earl of Pembroke, Henry, earl of Lincoln, 1Blank in MS.
earl of Dorset, Thomas, earl of Exeter, Philip, earl of Montgomery, Robert, lord viscount Lisle, Theophilus, lord Howard de Walden, James Mountague, bishop of Bath and Wells, Edward, lord Zouche, Thomas, lord Laware, William, lord Monteagle, Ralph, lord Eure, Edmund, lord Sheffield, Grey lord Chandois, 1Blank in MS.
lord Compton, John, lord Peter, John, lord Stanhope, George, lord Carew, Sir Humfrey Welde, lord mayor of the city of London, George Pearcey, esquire, Sir Edward Cecil, Sir George Wharton, Francis West, esquire, Sir William Wade, Sir Henry Nevill, Sir Thomas Smith, Sir Oliver Crom- well, Sir Peter Manwood, Sir Drue Drurye, Sir John Scott, Sir Thomas Challoner, Sir Robert Druire, Sir Anthony Cope, Sir Horatio Vere, Sir Edward Conway, Sir William Browne, Sir Maurice Barkley, Sir Robert Mansell, Sir Amias Preston, Sir Thomas Bates, Sir Anthony Ashley, Sir Michael Sandys, Sir Henry Carey, Sir Stephen Somes, Sir Calisothenes Brooke, Sir Edward Michelborne, Sir John Ratcliffe, Sir Charles Wilmott, Sir George Moore, Sir Hugh Wirrall, Sir Thomas Dennys, Sir John Hollis, Sir William Godolphin, Sir Thomas Mounson, Sir Thomas Ridgeway, Sir John Brooke, Sir Robert Killigrewe, Sir Henry Peyton, Sir Richard Williamson, Sir Ferdinand Waynman, Sir William St. John, Sir Thomas Holcroft, Sir John Mallory, Sir Roger Aston, Sir Walter Cope, Sir Richard Wigmore, Sir William Cooke, Sir Herbert Crofte, Sir Henry Fanshawe, Sir John Smyth, Sir Francis Wolley, Sir Edward Waterhouse, Sir Henry Sokeforde, Sir Edwin Sandys, Sir Thomas Wenman, Sir John Trevor, Sir Warwicke Hebe, Sir Robert Wrothe, Sir John Townsende, Sir Christopher Perkins, Sir Daniel Donne, Sir Henry Hubberte, Sir Francis Bacon, Sir Henry Mountague, Sir George Coppin, Sir Samuel Sandys, Sir Thomas Rowe, Sir George Sandys, Sir Thomas Freake, Sir Thomas Horwell, Sir Charles Kewe, Sir Baptist Hicks, Sir John Watts, Sir Robert Carey, Sir William Romney, Sir Thomas Middleton, Sir Hatton Cheeke, Sir John Ogle, Sir Cavaller Meacocke, Sir Stephen Biddlesdon, Sir Thomas Elmder, Sir Anthony Awcher, Sir Robert Johnson, Sir Thomas Panton, Sir Charles Morgan, Sir Stephen Powle, Sir John Burlace, Sir Christopher Cleave, Sir George Hayward, Sir Thomas Dauks, Sir Thomas Dutton, Sir Anthony Forest, Sir Robert Payne, Sir John Digby, Sir Dudley Digges, Sir Rowland Cotton, doctor, Doctor Mathew Sutcliffe, Doctor Medowes, Doctor Turner, Captain Poe, Captain Pagman, Captain Geoffrey Holcrofte, Captain Raine, Captain Henry Sprye, Captain Shelpton, Captain Sparke, Captain Thomas Wyatt, Captain Brins- ley, Captain William Courtney, Captain Harberts, Captain Clerke, Captain Dew- hurste, Captain John Blundell, Captain Fryer, Captain Louis Orwell, Captain Edward Floyde, Captain Shusby, Captain Huntley, Captain Orme, Captain Wood- house, Captain Mason, Captain Thomas Holcrofte, Captain John Cooke, Captain Hollis, Captain William Prowde, Captain Henry Woodhouse, Captain Linley, Cap- tain Dexter, Captain William Winter, Captain Herle, Captain John Bingham, Cap- tain Burras, Captain Thomas Conway, Captain Rookewood, Captain William Lovelace, Captain John Ashley, Captain Thomas Wynne, Captain Thomas Mewtis, Captain Edward Horwood, Captain Michael Evered, Captain Connocke, Captain Miles, Captain Pyggott, Captain Edward Maria Wingfeilde, Captain Christopher Newporte, Captain John Stilemore alias Ratcliffe, Captain John Smythe, Captain John Martine, Captain Peter Wynne, Captain Waldoe, Captain Thomas Wood, Thomas Buttone, George Bolles, esquire, sheriff of London, William Crashawe, clerk, bachelor of sacred theology, William Sebright, esquire, Christopher Brooke, esquire, John Bingley, esquire, Thomas Watson, esquire, Richard Parcivalt, esquire, John Moone, esquire, Hugh Brooke, esquire, David Waterhouse, esquire, Anthony Awcher, esquire, Robert Bowyer, esquire, Ralph Ewens, esquire, Zachary Jones, esquire, George Calvert, esquire, William Dobson, esquire, Henry Reynolds, esquire, Thomas Walker, esquire, Anthony Barnard, esquire, Thomas Sandys, esquire, Henry Sandys, esquire, Richard Sandys, son of Sir Edwin Sandys, William Oxenbridge, esquire, John Parsons, esquire, Thomas Willson, esquire, John Bullocke, esquire, John Waller, Thomas Webb, John Robinson, William Brewster, Robert Evelyn, Henry Daubeney, Richard Hacklyut, clerk, John Eldred, merchant, William Russell, merchant, John Merrick, merchant, Richard Banyster, merchant, Charles Antony, goldsmith, John Banks, William Evans, Richard Humble, Robert Chamberlayne, merchant, Thomas Barber, merchant, Richard Poyntell, merchant, John Fletcher, merchant, Thomas Nicholls, merchant, John Stokes, merchant, Gabriel Archer, gentleman, Francis Covell, William Bonham, Edward Harrison, John Wolsten- holme, Nicholas Salter, Hugh Evans, William Barners, Otho Mawditt, Richard Staper, merchant, John Elkyn, merchant, William Coyse, Thomas Perkin, cooper, Humfrey Rainett, cooper, Henry Jackson, Robert Shingleton, Christopher Nicholls, John Harper, Abraham Chamberline, Thomas Shipton, Thomas Carpenter, Anthony Crewe, George Holman, Robert Hill, Cleophas Smyth, Ralph Harryson, John Farmer, James Brearley, William Crosley, Richard Coxe, John Gerringe, Richard Strongeth- arme, ironmonger, Thomas Langton, Griffith Hinton, Richard Ironside, Richard Deane, Richard Turner, William Leveson, mercer, James Chatfeilde, Edward Allen, Tedder Robert, Hildebrand Sprinson, Arthur Mouse, John Gardiner, James Russell, Richard Casewell, Richard Evans, John Hawkens, Richard Kirrell, Richard Brooke, Mathew Scriven, gentleman, William Stallenge, gentleman, Arthur Venn, gentle- man, Sandis Webb, gentleman, Michael Phettiplace, gentleman, William Phettiplace, gentleman, Ambrose Drusey, gentleman, John Taverner, gentleman, George Prettie, gentleman, Peter Latham, gentleman, Thomas Mounfird, gentleman, William Can- trell, gentleman, Richard Wyffine, gentleman, Ralph Moreton, gentleman, John Cornellis, gentleman, Martin Freeman, Adrian Moore, Thomas White, Edward Parkins, Robert Offley, Thomas Whitley, George Pytt, Robert Parkhurst, Thomas Morris, Peter Vaulore, Geoffrey Duffe, John Gilbert, William Hancocke, Mathew Brownerigg, Francis Turrell, Randolph Carter, Othwell Smyth, Thomas Honneyman, Martin Bond, haberdasher, Robert Johnson, William Younge, John Woodall, William Holgate, Humfrey Westwoode, Richard Champion, Henry Robinson, Francis Mapps, William Sambatche, Rawleigh Crawshawe, Daniel Ducker, Thomas Grave, Hugh Willestone, Thomas Culpepper of Wigsell, esquire, John Culpepper, gentleman, Henry Lee, Josiah Kirton, gentleman, John Porey, gentleman, Henry Collins, gentle- man, George Burton, William Atkinson, Thomas Forest, John Russell, John Holte, Harman Harrison, Gabriel Beadle, John Beadle, Henry Daucks, George Scott, Edward Fleetewood, gentleman, Richard Rogers, gentleman, Arthur Robinson, Robert Robinson, John Huntley, John Grey, William Payne, William Feilde, William Wattey, William Webster, John Digley, William Carpenter, Thomas Draper, Richard Glanviell, Arnald Lulls, Henry Rowe, William Moore, Nicholas Grice, James Moun- ger, Nicholas Andrewes, Jerome Heydon, ironmonger, John Durant, John Quarles, John West, Mathew Springham, John Johnson, Christopher Hoare, Tobias Sneede, George Barkley, Arthur Pott, Thomas Carles, William Barkley, Thomas Johnson, Captain Alexander Bentts, William King, George Sands, gentleman, James White, gentleman, Edward Wynn, Charles Towler, Richard Reynolds, Edward Webb, Richard Maplesden, Thomas Levers, David Bone, Thomas Wood, Robert Hamore, Edward Barnes, mercer, John Wright, mercer, Robert Middleton, Edward Litt- ffeild, Thomas Webb, Ralph Kinge, Robert Coppyn, James Askewe, Christopher Nicholls, William Bardwell, Alexander Childe, Lewis Taite, Edward Ditchfeilde, James Swifte, Richard Widowes, goldsmith, Edward Bridnell, John Handforde, Edward Woller, William Palmer, haberdasher, John Badger, John Hodgson, Peter Mounsell, John Corill, John Busbridge, William Dun, Thomas Johnson, Nicholas Venson, Thomas Shipton, Nathaniel Wade, Randolph Wetwood, Mathew Dequester, Charles Hawkins, Hugh Hamersley, Abraham Cartwright, George Bennett, William Cater, Richard Goddert, Henry Cromewell, Phineas Pett, Robert Cooper, John Cooper, Henry Neice, Edward Wilks, Robert Bateman, Nicholas Farrer, John New- house, John Cason, Thomas Harris, gentleman, George Etherd, Thomas Male, gentleman, Richard Stratforde, Thomas Richards, cooper, John Westrowe, Edward Welch, Thomas Brittayne, Thomas Knowles, Octavian Thorne, Edmund Smyth, John Marshe, Edward Carewe, Thomas Pleydall, Richard Ley, Miles Palmer, Henry Price, John Josuah, gentleman, William Clandy, Jerome Pearcey, John Bree, gentle- man, William Hamson, Christopher Peckforde, Thomas Huntt, Thomas Tirnstone, Christopher Lamman, John Haywarde, clerk, Richard Partridge, Allan Cotton, Felix Wilson, Thomas Colthrust, George Wilmer, Andrew Wilmer, Maurice Llewellin, Thomas Jedwin, Peter Burgoyne, Thomas Burgoyne, Robert Burgoyne, Robert Smyth, merchant tailor, Edward Cage, grocer, Thomas Cannon, gentleman, William Wilby, stationer, Clement Wilmer, gentleman, John Clapham, gentleman, Giles Francis, gentleman, George Walker, sadler, John Swinhowe, stationer, Edward Bushop, stationer, Leo White, gentleman, Christopher Barton, Peter Benson, Richard Smyth, George Procter, clerk, Millicent Ramsden, widow, Joseph Soan, Thomas Hinshawe, John Baker, Robert Thornton, John Davis, Edward Facett, George Nuce, gentleman, Captain John Robinson, Thomas Wood, William Browne, shoemaker, Robert Barker, shoemaker, Robert Pennington, Francis Burlye, clerk, William Quick, grocer, Edward Lewis, grocer, Lawrence Campe, draper, Adam Perkins, grocer, Richard Sheepheard, preacher, William Shekeley, haberdasher, William Tayler, haberdasher, Edward Lukyn, gentleman, John Francklyn, haberdasher, John South- icke, Peter Peate, George Isham, ironmonger, George Yardley, gentleman, Henry Shelley, John Pratt, Thomas Church, draper, William Powell, gentleman, Richard Frith, gentleman, Thomas Wheeler, draper, Francis Hasellrigg, gentleman, Hugh Shipley, gentleman, John Andrews, senior, of Cambridge, Francis Whister, gentle- man, John Vassett, gentleman, Richard Howle, Edward Barkley, gentleman, Richard Knarisbrough, gentleman, Nicholas Exton, draper, William Bennett, fishmonger, James Haywood, merchant, Nicholas Isacke, merchant, William Gibbs, merchant,p. 5.
p. 6.
p. 7.
p. 8.
1Bushop, Barnard Michell, Isaack Mighell, John Streate, Edward Gale, John Martine, gentleman, Thomas Fox, Luke Lodge, John Woodlife, gentleman, Rice Webb, Vincent Lowe, Samuel Burnand, Edmund Pears, haberdasher, Joshua Gouge, John St. John, Edward Vaughan, William Dun, Thomas Alcocke, John Andrewes, junior, of Cambridge, Samuel Smyth, Samuel Smyth [sic], Thomas Gerrard, Thomas Whittingham, William Canninge, Paul Cannyng, George Chandler, Henry Vincent, Thomas Keitley, James Skelton, James Mawtam, George Webb, gentleman, Joseph Newrough Smyth, Josiah Maude, Ralph Hamor, junior, Edward Brewster, son of William Brewster, Leonard Harwood, mercer, Philip Dreverdent, William Carpenter, Robert Cookes, grocer, Lawrence Greene, grocer, Daniel Wynch, grocer, Humphrey Stike, grocer, Avery Dransfeild, grocer, John Hodges, grocer, Edward Beale, grocer, Thomas Cutler, grocer, Ralph Bisby, grocer, John Whittingham, grocer, John Hide, grocer, Mathew Shepheard, grocer, Thomas Allen, grocer, Richard Hocker, grocer, Laurence Mouncks, grocer, John Tanner, grocer, Peter Gate, grocer, John Blunt, grocer, Robert Phillips, grocer, Robert Berrisford, grocer, Thomas Wells, gentleman, John Ellis, grocer, Henry Colthurst, grocer, John Crannedge, grocer, Thomas Jenings, grocer, Edmund Peshall, grocer, Timothy Bathurst, grocer, Giles Parslowe, grocer, Robert Mildmay, grocer, Robert Johnson, grocer, William Jansen, vintner, Ezekiel Smyth, Richard Murreton, William Sharpe, Robert Ritch, William Stannard, inn- holder, John Stockin, William Strachy, gentleman, George Farmer, gentleman, Thomas Gills, clothworker, Abraham Daws, gentleman, Thomas Brockett, gentleman, George Batch, fishmonger, John Dike, fishmonger, Henry Spranger, Richard Farryngton, Christopher Vertue, vintner, Thomas Baylye, vintner, George Robins, vintner, Tobias Hanson, grocer, Brian Spencer, Clement Chitcheley, John Starpe, gentleman, James Cambell, ironmonger, Christopher Cletherowe, ironmonger, Philip Jacobson, Peter Jacobson of Antwerp, William Brakley, Miles Bankes, cutler, Peter Highley, grocer, Henry John, gentleman, John Stikeley, merchant tailor, John Levett, mer- chant, Thomas Norincott, clothworker, Richard Venn, haberdasher, Thomas Scott, gentleman, Thomas Jackson, merchant tailor, George Hankynson, Thomas Leyre, gentleman, Mathew Cooper, George Butler, gentleman, Thomas Lawson, gentleman, Edward Smyth, haberdasher, Stephen Sparrowe, John Jones, merchant, Reynold Brewer, Thomas Plomer, merchant, James Duppa, brewer, Rowland Coytmore, William Southerne, George Whitmore, haberdasher, Anthony Gosnold, junior, John Allen, fishmonger, Simon Yeomans, fishmonger, Launcelot Davis, gentleman, John Hopkins, alderman of Bristol, John Keatleby, gentleman, Richard Cheny, gold- smith, George Hooker, gentleman, and Robert Sheninge, yeoman, and others named in the same letters patent and as many as they themselves then in the future shall admit to be joined with them in the manner expressed in the same letters patent, whether they migrate in their own persons to be planters there in the plantation aforesaid or do not migrate but adventure their money, goods or chattels, that they themselves should be one body or perpetual community and have perpetual succession and one common seal to serve the same body or community, and that they them- selves and their successors should be known, called and incorporated by the name of the Treasurer and Company of Adventurers and Planters of the City of London for the First Colony in Virginia, and that they themselves and their successors hence- forth for ever should be able to take, acquire, and purchase, by the aforesaid name (licence for this having been first had and obtained from our same lord the King, his heirs and successors) any lands, tenements, and hereditaments, goods and chattels whatsoever within the realm of our said lord the King of England and the dominion of Wales, and that they themselves and their successors should likewise be able by the aforesaid name to plead and be impleaded before any judges or justices of our said lord the King in any courts of our said lord the King and in any actions or suits whatsoever, as by the same letters patent among other things is fully clear and appar- ent, By pretext of which premises the same Nicholas ffarrer [et al.—the same 24 names, "free men", etc., "and other free men", etc.], before the aforesaid time specified in the information aforesaid, were and still are incorporated by the name of the Treas- urer and Company of Adventurers and Planters of the City of London for the First Colony in Virginia, and by that warrant, by virtue of the letters patent aforesaid, the same Nicholas ffarrer [et al.—the same 24 names, "free men", etc., "and other free men", etc.], for the time aforesaid specified in the information aforesaid, were and are and claim to be a body incorporated by the name of the Treasurer and Company of Adventurers and Planters of the aforesaid City of London for the First Colony in Virginia, and they claim and are used by that name to plead and be impleaded in all courts and places whatsoever and before any judges whatsoever, justices, or other persons whatsoever, both in all and singular actions, suits, and pleas and in all and singular other causes, businesses, matters, and demands whatsoever of whatsoever kind, nature or species they may be, and by that name they claim to be persons able and in law capable of acquiring, holding, receiving, taking, and possessing to them- selves and their successors, both of our said lord the King and of any other persons or bodies corporate, any demesnes, manors, lands, tenements, rents, reversions, reventions, services, possessions, hereditaments, goods and chattels, licences, liber- ties, franchises, profits, and commodities whatsoever, to them by the aforesaid name or to other persons or to any other person for their use given, made, held, granted or confirmed and, by the said name, to give, grant, demise, let, dispose, assign, and alienate their goods and chattels, lands, tenements, and hereditaments whatsoever to any person or persons whatsoever at their will, as it was lawful to them and is lawful. And as to having and claiming the following liberties, privileges, and fran- chises, namely, to have a council continually residing within this realm of England to consist of divers men of the same company and to nominate, elect, and swear whomsoever they shall wish to be of that council, and to have a council continually residing in the said parts beyond the sea in Virginia to consist of divers men to be nominated and elected by themselves and to nominate, elect, and swear whomsoever they shall wish to be of that council, the same Nicholas ffarrer [et al.—the same 24 names, "free men", etc., "and other free men", etc.] say that before the aforesaid time specified in the information aforesaid, to wit, on the tenth day of April in the fourth year of our said lord the King who now is of England etc. our same lord the King who now is, by his letters patent duly completed, sealed by his great seal of England, bearing date at Westminster on the same tenth day of April in the afore- said fourth year of his reign and in the Court of Chancery of our aforesaid lord the King, who now is, at Westminster in the county of Middlesex, then being duly en- rolled, the tenor of the enrolment of which letters patent the same Nicholas ffarrer [et al.—the same 24 names, "free men", etc., "and other free men", etc.] produce here in court, reciting that when the beloved and well disposed subjects of our lord the King himself, Sir Thomas Gates, Sir George Sommers, Richard Hackluite, clerk, prebendary of Westminster, Edward Maria Winckfeild, Thomas Hannam, Rawleighe Gilbert, esquire, William Parker, and George Popham, gentlemen, and divers others of the beloved subjects of our lord the King himself, appeared as humble suppliants to our same lord the King that our same lord the King should deign to grant to them licence to make a dwelling-place and plantation and to found a colony of divers of the people of our same lord the King in that part of America commonly called Virginia and other parts and territories in America belonging to our same lord the King, or which were not actually possessed by any Christian prince or people, situated, lying, and being all along the sea coast between thirty-four degrees of northern latitude and other equinoctial lines and forty-five degrees of the same latitude and in the mainland between the aforesaid thirty-four and forty-five degrees, and the island thereto adjacent or within a hundred miles of the coast thereof, and to that end and for the swifter accomplishment of the aforesaid proposed plantation and dwelling- place there they themselves desired to divide themselves into two colonies and com- panies, one of them consisting of certain knights, gentlemen, merchants, and other adventurers of our lord the King himself of his city of London and elsewhere, who then were or from time to time should be joined with them, who desired to begin their plantations and dwelling places in some suitable and convenient place between the thirty-fourth and forty-first degrees of the aforesaid latitude all along the coast of Virginia and the coast of America aforesaid, and the other of the same colonies consisting of divers knights, gentlemen, merchants, and other adventurers of the cities of our lord the King himself of Bristol and Exeter and his vill of Plymouth and other places, who join themselves to the same colony, who desired to begin their plantations and dwelling places in some suitable and convenient place between thirty-eight and forty-five degrees of the aforesaid latitude, along the aforsaid coast of Virginia and America according as that coast lies, our same lord the King, much praising and graciously accepting their petitions to the furtherance of so noble a work, which by the providence of Almighty God would redound to the glory of His Divine Majesty in the propagation of the Christian religion to such people as then lived in darkness and wretched ignorance of the true knowledge and worship of God and would be able in time to lead the infidels and needy barbarians dwelling in those parts to human civilisation and to quiet and peaceful government, our same lord the King by his same letters patent graciously received and gave his consent to their humble and well proposed desires and, therefore, for himself, his heirs and successors, granted and agreed that the aforesaid Sir Thomas Gates, Sir George Summers, Richard Hackluit and Edward Maria Winckfeild, adventurers of the aforesaid city of London, and all such others as then were or should be joined with them respecting the same colony should be called the first colony and that they could begin their first plantation and the place of their first sojourning and dwelling in any place along the aforesaid coast of Virginia or America where they thought it suitable and conven- ient, between the aforesaid thirty-four and forty-one degrees of the aforesaid latitude; And further our same lord the King by his same letters patent ordained, established, and agreed for himself, his heirs and successors, that each of the same colonies should have a council, each of which councils should consist of thirteen persons and should have a separate seal for all matters which touch the same separate councils, on both of which seals the arms and insignia of our same lord the King should be engraved on the one side thereof and the portraiture of our same lord the King on the other side thereof, and that round about the seal for the council of the aforesaid first colony should be engraved on the one side of the same these words, "Sigillum Regis Magnae Britaniae, Franciae, et Hiberniae", and on the other side of the same this inscription, "Pro Consilio Primae Coloniae Virginiae." And also that a council should be estab- lished here in England which should consist likewise of thirteen persons for this purpose to be appointed by our lord the King himself, his heirs or successors, which should be called the council of our lord the King for Virginia; which council likewise should have a seal for matters concerning the same council with like insignia and portrait, as is shown, with this inscription engraved round about on the one side of the same, "Sigillum Regis Magnae Britanniae, Franciae, et Hiberniae", and round about on the other side thereof, "Pro Consilio Suo Virginiae", as more fully appears by the exemplification of the enrolment of the said letters patent which Nicholas ffarrer [et al.—the same 24 names, "free men", etc., "and other free men", etc.] pro- duce here in court sealed by the great seal of our said lord the King of England who now is, according to the form of the statute in such case lately published and pro- vided, of which exemplification the date is at Westminster on the twentieth day of December in the twenty-first year of the reign of our said lord the King who now is of England, etc. And further the same Nicholas ffarrer [et al.—the same 24 names, "free men", etc., "and other free men", etc.] say that before the aforesaid time specified above in the information aforesaid, to wit, on the aforesaid twenty-third day of May in the aforesaid seventh year of the reign of our said lord the King who now is of England, etc., our same lord the King who now is, by his aforesaid letters patent bearing date at Westminster on the twenty-third day of May in the aforesaid seventh year of his reign of England, etc., considering that the good and happy success of the aforesaid plantation of the aforesaid first colony in Virginia chiefly depended, next under the blessing of God and the support of his royal authority, upon the prudent and good direction of the whole enterprise, through the care and prudence of the planning, and that it was not convenient that all the adventurers should be compelled to assemble and meet together as often as it should be necessary for them to assemble and confer about their business, therefore by the same letters patent he ordained, established, and confirmed that there should be for ever a coun- cil residing in England, according to the tenor of the aforesaid former letters patent of our same lord the King, which council should have a seal for the better govern- ment and administration of the aforesaid plantation besides the aforesaid legal seal of the aforesaid Company or corporation.
p. 9.
p. 10.
p. 11.
And further our same lord the King, by his same letters patent, established and ordained that Henry, earl of Southampton, William, earl of Pembroke, Henry, earl of Lincoln, Thomas, earl of Exeter, Robert, lord viscount Lisle, Lord Theophilus Howard, James, lord bishop of Bath and Wells, Edward, lord Zouche, Thomas, lord La Warr, William, lord Mounteagle, Edmund, lord Sheffeild, Gray, lord Chandois, John, lord Stanhope, George, lord Carewe, Humphrey Weld, lord mayor of London, Sir Edward Cecill, Sir William Wade, Sir Henry Nevill, Sir Thomas Smyth, Sir Oliver Cromewell, Sir Peter Manwood, Sir Thomas Challoner, Sir Henry Hobarte, Sir Francis Bacon, Sir George Coppin, Sir John Scott, Sir Henry Cary, Sir Robert Drury, Sir Horatio Vere, Sir Edward Conway, Sir Mawrice Barkley, Sir Thomas Gattes, Sir Michael Sandis, Sir Robert Mansell, Sir John Trevor, Sir Amias Preston, Sir William Godolphin, Sir Walter Cope, Sir Robert Killigrue, Sir Henry ffanshawe, Sir Edwin Sandis, Sir John Watts, Sir Henry Mountague, Sir William Romney, Sir Thomas Rowe, Sir Baptist Hicks, Sir Richard Williamson, Sir Stephen Poole, Sir Dudley Digs, Christopher Brooke, John Eldred, and John Wolstenholme should be the council of our same lord the King for the aforesaid Company of Adventurers and Planters in Virginia, and that the Treasurer of the Company aforesaid should have authority to give order for the summoning of the council and the summoning of the Company aforesaid to their courts and meetings, and that the aforesaid council or any of them should be thenceforth nominated, elected, continued, displaced, changed, altered, and supplied, as death or other several occasions should require, from the Company aforesaid of Adventurers aforesaid by the votes of the majority of the aforesaid council and adventurers in their meeting for that purpose. And further our same lord the King, of his own special grace, certain knowledge, and mere motion, for himself his heirs and his successors, by the same letters patent gave and granted full power and authority to the aforesaid council of our same lord the King residing in England, both at the same present time and thereafter in the future from time to time, to nominate, make, appoint, ordain, and confirm by such name and names, style or styles, as should seem suitable to them and likewise to recall, discharge, change, and alter both all and singular governors, officers, and ministers who before that time had been made and those who from that time should be thought suitable and necessary to be appointed or used for the government of the aforesaid colony and plantation, and also to make, ordain, and establish all kinds of orders, laws, directions, instructions, forms and ceremonies, governments, and magistracies suitable and necessary for and touching the government of the aforesaid colony and plantation, and the same at all times thereafter to abrogate, recall, or change, not only within the precincts of the same first colony, but also upon the seas in the crossing to the same colony and from the same, as they themselves in their sane discretion think to be most suitable for the good of the adventurers and the inhabit- ants there, as by the same letters patent among other things is fully clear and ap- parent. And further the same Nicholas ffarrer [et al.—the same 24 names, "free men", etc., "and other free men", etc.] say that before the aforesaid time specified above in the information aforesaid, to wit, on the twelfth day of March in the ninth year of the reign of our said lord the King who now is of England, etc., our same lord the King by his letters patent duly completed, sealed with his great seal of England and produced here in the court of our said lord the King who now is, bearing date at Westminster on the same twelfth day of March in the aforesaid ninth year of his reign of England, etc., for himself, his heirs and successors, granted to the aforesaid Treasurer and Company and their successors that it should be lawful for the aforesaid Treasurer or his Deputy for the time being, or any two others of the council of our same lord the King for the aforesaid first colony in Virginia, for the time being from time to time at all times then in the future, to administer such a formal oath as by their discretion should reasonably be devised both to any person or persons, used, or to be used, in, for, or touching the aforesaid plantation for their honourable, faithful, and just discharge of their service in all such matters as should be entrusted to them for the good and benefit of the aforesaid Company, colony, and plantation, and to such other person or persons as the aforesaid Treasurer or his Deputy with two others of the aforesaid council should consider suitable, for the examination or manifestation of the truth in any cause whatsoever concerning the aforesaid plantation or any business arising from it or belonging to it.
p. 12.
And by that warrant the same Nicholas ffarrer [et al.], for the time aforesaid specified above in the information aforesaid, had and were used and claim to have a council within this realm of England continually residing, to consist of divers men of the same Company and to nominate, elect, and swear whomsoever they wish of the Company aforesaid to be of that council and not otherwise or in any other way.
And by that warrant they had and claim also to have a council continually residing in the said parts across the sea in Virginia, to consist of divers men to be nominated and elected by themselves and to nominate, elect, and swear whomsoever they wish of the Company aforesaid to be of that council and not otherwise or in any other manner, as was well lawful for them and is lawful. And also the same Nicholas ffarrer [et al.] wish to verify that the aforesaid letters patent of our aforesaid lord the King, bearing date on the aforesaid tenth day of April in the aforesaid fourth year of his reign, are still in full strength, effect, and vigor, and remain, not legally surrendered or cancelled; And as to having and claiming the following liberties, privileges, and franchises, namely, to have divers common seals for transacting all and singular their causes and businesses and these at their pleasure to break, change, and make anew, the same Nicholas ffarrer [et al.] say that before the aforesaid time specified, in the aforesaid information, to wit, on the aforesaid twenty-third day of May in the aforesaid seventh year of the reign of our said lord the King, who now is, of England, etc., our same lord the King, by his aforesaid letters patent bearing date at Westminster on the same twenty-third day of May in the aforesaid seventh year of his reign of England, etc., granted to the Treasurer and Company aforesaid that they themselves should have a common seal to serve the same body and community; And further our same lord the King, considering that the good and happy success of the aforesaid plantation chiefly depend next under the blessing of God and the support of his royal authority upon the provident and good direction of the whole enterprise, through the care and prudence of the planning, and that it was not convenient that all the adventurers should be compelled to come together and meet as often as it should be necessary for them to come together and confer about their businesses, by the same letters patent ordained, established, and confirmed that there should be for ever a council residing in England, in accordance with the tenor of former letters patent of our lord the King himself, that the council should have a seal for the better government and administration of the aforesaid plantation besides the legal seal of the society or corporation aforesaid, as in the aforesaid letters patent was expressed, as by the same letters patent bearing date on the aforesaid twenty-third day of May in the aforesaid seventh year of the reign of our said lord the King who now is of England, etc., among other things is more fully set forth. And further the same Nicholas ffarrer, [et al.] say that in the aforesaid former letters patent of our lord the King himself, bearing date on the aforesaid tenth day of April in the afore- said fourth year of the reign of our lord the King himself of England, in this plea above mentioned, our aforesaid lord the King had granted that the council of our lord the King himself established in England for Virginia by the same letters patent bearing date on the same tenth day of April in the aforesaid fourth year should have a seal for matters concerning the aforesaid council with the arms and insignia of our lord the King himself engraved on the one side, and the portrait of our lord the King himself on the other side thereof, with the inscription round about on the one side, "Sigillum Regis Magnae Britanniae, Franciae, et Hiberniae", and round about on the other side of the same seal, "Pro Consilio Suo Virginiae", as in this plea is specified above.
p. 13.
And by that warrant by virtue of the aforesaid letters patent of our lord the King himself bearing date on the aforesaid twenty-third day of May in the aforesaid seventh year of the reign of our said lord the King who now is of England, etc., the same Nicholas ffarrer [et al.], for the time aforesaid specified above in the informa- tion aforesaid, had and were used to have and claim to have and use divers common seals, namely, one to serve the aforesaid body and community and Company afore- said and another for the council of our lord the King himself for Virginia residing in England under the form above recited, and likewise they claim to break, change, and make anew these seals at their pleasure as was and is well lawful to them.
And as to the liberties, privileges, and franchises, namely, that the same Nicholas ffarrer [et al.] have the power and authority whensoever it shall please them to nomi- nate, appoint, and swear one of themselves to be Treasurer of the same Company and another of themselves to be Deputy Treasurer of the same Company and also to nominate, appoint, and swear from themselves as many other officers and ministers both residing within this realm of England and inhabiting and residing in the country of Virginia in the parts across the sea as it shall please them, and to discharge, remove, alter, and change the governor, treasurer, deputy, and those other officers and min- isters at their own proper pleasure, the same Nicholas ffarrer [et al.] say that before the aforesaid time specified above in the information aforesaid, to wit, on the afore- said twenty-third day of May in the aforesaid seventh year of the reign of our said lord the King who now is of England, etc., our same lord the King James, by his aforesaid letters patent bearing date at Westminster on the aforesaid twenty-third day of May in the aforesaid seventh year of his reign, ordained that Sir Thomas Smyth, should be Treasurer of the aforesaid Company and that the Treasurer should thenceforth be nominated, elected, retained, discharged, changed, altered, and replaced, as death or other occasions should require, outside the aforesaid Company of Adventurers aforesaid by the votes of the majority of the council and adventurers in their assembly, for that purpose. And, further, our same lord the King, by his same letters patent, of his special grace, certain knowledge, and mere motion, for himself, his heirs and successors, granted to the aforesaid Sir Thomas Smyth, Treas- urer aforesaid, and the Company and their successors, that if it were to happen at any time or any times that the Treasurer for the time being should be ill or have any such cause of absence from the city of London as should be approved by the council or the majority of the same assembled, so that he could not be present at the businesses of the Company aforesaid, in any such case it would be lawful and would have been lawful for such Treasurer for the time being to assign, constitute, and appoint one of the council for the same Company, likewise to be approved by the same council or the majority of the same assembled, to be Deputy of the Treasurer for the same Company, which Deputy should have the power to do and execute every- thing belonging to the aforesaid Treasurer during such time as such Treasurer either should be ill or otherwise absent for a cause approved by the aforesaid council or a majority of the same, as mentioned, so fully, wholly, and in such large and ample manner and form, to all intents and purposes as the aforesaid Treasurer if he were present would have been able to execute the same.
p. 14.
And further our same lord the King, of his special grace, certain knowledge, and mere motion, for himself, his heirs and successors, by the same letters patent gave and granted full power and authority to the aforesaid council of our lord the King himself resid- ing in England, both then and thereafter in the future from time to time, to nominate, appoint, constitute, ordain, and confirm by such name and names, style or styles, as should seem to them to be expedient, and likewise to recall, discharge, change, and alter both all and singular governors, officers, and ministers who previously had been appointed and those who thereafter in the future should be considered suitable and necessary to be appointed or used for the government of the aforesaid colony and plantation, as by the same letters patent among other things is more fully clear and apparent. And further the same Nicholas ffarrer [et al.] say that before the aforesaid time specified above in the aforesaid information, to wit, on the twelfth day of March in the nineth year of the reign of our said lord the King who now is of England, etc., our lord the King by his aforesaid letters patent dated at Westminster on the same twelfth day of March in the aforesaid ninth year of his reign of England, etc., granted by our said lord the King to the aforesaid Treasurer and Company of the Adven- turers and Planters of the aforesaid City of London for the aforesaid Colony of Virginia, for the better government of the aforesaid Company and colony, ordained and granted to the same Treasurer and Company of Adventurers and Planters aforesaid that for the handling, order, and disposition of matters and businesses of greater weight and importance, and such as in any way should touch the common- wealth and general good of the aforesaid Company and plantation, such as the manner of government to be used from time to time, the order and disposition of the lands and possessions and the settling and establishment of commerce there or anything of that kind, there should be held and had every year on the last Wednesday of the terms of Saint Hilary, Easter, Holy Trinity, and Saint Michael, for ever, a great general and solemn assembly, which four general assemblies shall be named and called the four great and general courts of the Council and Company of Adventurers for Virginia, in which great and general courts all and singular so assembled our same lord the King wished and it was pleasing to his Highness and he gave and granted for himself, his heirs and successors for ever to the aforesaid Treasurer and Company and their successors by the same letters patent that they themselves aforesaid, the Treasurer and Company or the greater number of them so assembled should have full power and authority, from time to time and at all times thenceforward in the future, to nominate and appoint such officers as should seem to them suitable and necessary for the ruling, government, ordering, and disposition of the businesses of the same Company. And further our same lord the King, for himself, his heirs and successors, by his same letters patent granted to the aforesaid Treasurer and Company and their successors for ever that it should be lawful for the aforesaid Treasurer or his Deputy for the time being or any two others of the aforesaid council for the aforesaid first colony in Virginia for the time being, from time to time at all times for the future, to administer such a formal oath as by their discretion should reasonably be devised, both to any person or persons employed or to be employed, in, through, or touching the aforesaid plantation for his or their honorable, faithful, and just discharge of their service in all such matters as may be entrusted to him or them for the good and benefit of the aforesaid Company, colony, and plantation, and to such person or persons as the aforesaid Treasurer or his Deputy, with two others of the aforesaid council, should consider suitable for the examination or manifestation of the truth in any cause whatsoever concerning the aforesaid plantation or any business arising from it or belonging to it, as by the same letters patent last mentioned is among other things fully set forth and apparent. And by that warrant, by virtue of the several letters patent aforesaid, the same Nicholas ffarrer [et al.] were used and are used and claim to have power and authority, as death or other occasions require, outside the aforesaid Company of Adventurers by the votes of the majority of the aforesaid council and adventurers in their assemblies for that reason to nominate, elect, retain, discharge, or supply and appoint a Treasurer of the Company aforesaid and likewise upon the illness of the Treasurer or other such cause of his absence from the aforesaid city of London, as shall be approved by the aforesaid council or the majority of them assembled, to assign, constitute, and appoint one of the aforesaid council for the same Company, approved by the majority of the aforesaid council to be Deputy of the Treasurer of the same Company.
p. 15.
And likewise in their assemblies for that reason the Treasurer and Company, or the greater number of them so assembled for the whole time in the information aforesaid specified were used, claim, and are used to nominate and appoint such officers and ministers of the same Company as seemed to them suitable and necessary for the ruling and government, order and disposition of the businesses of the same Company, and not otherwise nor in any other manner, and that upon any nomination and appointment of this kind of any Treasurer of this kind or Deputy or other official or minister the Treasurer of the Company aforesaid or his Deputy for the time being, or two others of the council for the aforesaid first colony in Virginia for the time being, through the whole time in the aforesaid information specified, shall administer such a formal oath as for their discretion was reasonably devised to such Treasurer or Deputy Treasurer or other officer or minister so nominated and elected to be employed in, for, or touching the aforesaid plantation for his or their honorable, faithful, and just discharge of their service in all such matters as shall be committed to him or them for the good and benefit of the aforesaid Company, colony, and plantation, and not otherwise nor in any other manner. And likewise the same Nicholas ffarrer [et al.] by that warrant claim to have the power at their own proper pleasure to discharge, remove, alter, and change a governor, deputy and other officers and ministers of this kind.
p. 16.
And as to the following liberties, privileges, and franchises, namely, that the same Nicholas ffarrer [et al.] have to themselves and their successors all those lands, countries, and territories of our said lord the King called Virginia, and those lands, countries, and territories at their own proper pleasure assign, give, sell, alienate, and dispose to any person or persons whatsoever they shall please, and have the rule and sole governance of all the lands, countries, and territories aforesaid, the same Nicholas ffarrer [et al.] say that our lord James who now is King of England was seised of those many lands, countries, and territories of our said lord the King called Virginia specified, in the information aforesaid, in his demesne as of fee, and our lord the King himself being thus seised of them, our same lord the King, before the aforesaid time specified in the aforesaid information, to wit, on the aforesaid twenty-third day of May in the aforesaid seventh year of the reign of our said lord the King who now is of England, etc., by his aforesaid letters patent bearing date at Westminster on the aforesaid twenty-third day of May in the aforesaid seventh year of his reign, of his special grace, certain knowledge and mere motion, gave, granted, and confirmed to the aforesaid Treasurer and Company and their successors, under the reservations, limitations, and declarations in the same letters patent hereafter specified, all those lands, countries, and territories situated, lying, and being in that part of America called Virginia from the point of land called Cape or Point Comforte along the sea coast towards the north for two hundred miles and from the same point of land called Cape Comforte along the sea coast towards the south for two hundred miles, and all that space and circum- ference of land lying from the coast of the aforesaid boundary further inland through- out, from sea to sea towards the west and northwest, and also all the islands lying within a hundred miles along the sea coast of each sea from the boundary aforesaid, together with all that soil, land, harbors, mines, both royal mines of gold and silver and other minerals, gems and precious stones, quarries, woods, rivers, waters, fish- eries, commodities, jurisdictions, regalities, privileges, franchises, and pre-eminences within the same territories and precincts of the same, and either in any way belonging or pertaining to the same or being about them either by sea or by land, which our same lord the King by his letters patent could grant and in as ample a manner and form as our same lord the King by his letters patent could grant and in as ample a manner and form as our same lord the King or any of his progenitors previously had granted to any Society, body politic or corporate, or to any adventurer or any adven- turers taking upon himself or themselves any discoveries, plantations, or commerce of, into or [sic, for "or into"] any lands remote or foreign whatsoever, in as large and ample a manner as if the same had been particularly mentioned and expressed, to have and to hold, to possess and enjoy all and singular the aforesaid lands, countries, and territories with all and singular other premises above by the same letters patent granted or mentioned to be granted, to the same aforesaid Treasurer and Company, their successors and assigns for ever, for the sole and proper use of the same Treasurer and Company, their successors and assigns, to hold of our same lord the King, his heirs and successors, as of his manor of Eastgreenewich, in free and common socage and not in chief, returning and paying for the same to our aforesaid lord the King, his heirs and successors, only a fifth part of all the ore, of gold and silver which from time to time and at all times thenceforward should be acquired, had, and obtained there, for all kinds of services.
p. 17.
And further our same lord the King willed and it was pleasing to him that in all ques- tions and doubts which should arise, or any difficulty of construction or interpretation of anything contained either in his same letters patent or in any of his former letters patent, the same should be received and interpreted in the more ample and beneficial manner for the aforesaid Treasurer and Company and their successors and any member of them, although express mention of the true annual value or certitude of the premises or any of them or of any other gifts or grants made previously by our lord the King himself or any of his progenitors or predecessors to the aforesaid Treas- urer and Company was not made in the same letters patent, notwithstanding any statute, act, ordinance, provision, proclamation, or restriction to the contrary held, made, ordained or provided, or any other cause or matter whatsoever, as by the same letters patent among other things is fully clear and apparent; by virtue of which letters patent last mentioned the aforesaid Treasurer and Company of the aforesaid first colony in Virginia were and still are seised of and in the lands, countries, and terri- tories aforesaid and other premises with appurtenances, granted to them and their successors, as is shown by the same letters patent, in their demesne as of fee, and further the same Nicholas ffarrer [et al.] say that before the aforesaid time in the infor- mation aforesaid above specified, to wit, on the twelfth day of March in the ninth year of the reign of our said lord the King who now is of England, etc., our same lord the King, by his aforesaid letters patent bearing date on the same twelfth day of March in the aforesaid ninth year of his reign of England, etc., reciting that when, at the humble petition of divers of his several beloved subjects, both adventurers and planters of the first colony in Virginia, both for the propagation of the Christian religion and for leading a rude people to civilisation and humanity, our same lord the King by his letters patent bearing date at Westminster on the twenty-third day of May in the seventh year of his reign of England, France, and Ireland, and forty-second of Scotland, had given and granted to them that they themselves and all such and so many of the same beloved subjects of our same lord the King who from time to time for ever should join them as planters or adventurers in the aforesaid plantation, and their successors for ever should be a body politic incorporated by the name of Treasurer and Company of Adventurers and Planters of the aforesaid City of London for the First Colony in Virginia, and since also for the greater good and benefit of the aforesaid company and for the better furtherance, strengthening, and establish- ment of the aforesaid plantation our same lord the King had further given, granted, and confirmed by the same letters patent to the aforesaid Treasurer and Company and their successors for ever all those lands, countries, and territories situated, lying, and being in that part of America called Virginia from the point of land called Cape or Point Comforte along the sea coast towards the north for two hundred miles and from the same point of Cape Comforte along the sea coast towards the south for two hundred miles, and all that space and circumference of land lying from the sea coast of the boundary aforesaid further into the country throughout, from sea to sea toward the west, northwest, and also all the islands lying within a hundred miles along the sea coast of each sea of the precinct aforesaid, with divers other grants, liberties, franchises, pre-eminences, privileges, profits, benefits, and commodities granted in and through the aforesaid letters patent of our same lord the King to the aforesaid Treasurer and Company and their successors for ever, then our same lord the King, because it was given to his Highness to understand that in those seas, adjacent to the aforesaid coasts of Virginia and outside the aforesaid space of aforesaid two hundred miles granted, as mentioned, by our said lord the King to the aforesaid Treasurer and Company and yet not far distant from the aforesaid colony in Virginia, were or might be divers islands lying desolate and uninhabited, of which some were then known and discovered by the industry, travail, and expense of the aforesaid Company, and other islands are imagined to be and to remain as yet unknown and undiscovered, all and singular of which it might import to the aforesaid colony, both in safety and policy of trade, to populate and plant, in respect of which they themselves both for the avoidance of danger and for the better advantage and prosperity of the aforesaid colony had humbly begged our same lord the King that our same lord the King would deign to grant to them an enlargement of the aforesaid letters patent of our same lord the King, both for the more ample extension of the boundaries and terri- tories into the seas adjacent to and upon the coast of Virginia and for certain other matters and articles concerning the better ruling of the aforesaid Company and colony, in which the letters patent of our said lord the King were not of such extent as by time and experience it was found would be necessary and convenient, our same lord the King, therefore, undertaking the care of the good and happy success of the aforesaid plantation both in regard to the general good of human society and in regard to the status of our same lord the King and his kingdoms and wishing to encourage all good means which might increase the benefit of the same Company and which might secure and render safe the aforesaid beloved subjects of our same lord the King planted in his aforesaid colony under the favor and protection of Almighty God and the royal power and authority, had of the special grace, certain knowledge, and mere motion of our same lord the King, given, granted, and confirmed, and for himself, his heirs and successors, by the same letters patent then present, gave, granted and con- firmed to the aforesaid Treasurer and Company of Adventurers and Planters of the aforesaid City of London for the First Colony in Virginia and their heirs and successors for ever all and singular those islands whatsoever situated and being on any part of the ocean bordering on the coast of the aforesaid first colony in Virginia and being within three hundred leagues of anyparts of the country formerly granted to the aforesaid Treasurer and Company in the aforesaid former letters patent, as mentioned, and being within or between the forty-first and thirtieth degrees of northern latitude, together with all and singular the soil, ground, land, harbors, rivers, waters, fisheries, mines and minerals, pearls, precious stones, quarries, and all and singular commodi- ties, jurisdictions, regalities, privileges, franchises, and pre-eminences both being and situated in the aforesaid tract of land upon the mainland, and in any of the aforesaid islands and seas adjacent whatsoever, and near to the same and around them both by sea and by land, and which by his letters patent our same lord the King could have granted, both in so ample a manner and form as our same lord the King or any of his most noble progenitors might before have granted to any person or persons or any society, body politic, or corporate, or any adventurer or adventurers taking upon themselves any discoveries, plantations, or commerce of, in, or at any countries remote and foreign whatsoever, and in so large and ample a manner as if the same in the same letters patent had been particularly named, mentioned, and expressed, provided always that the aforesaid islands or any of the premises in the same letters mentioned or by the same letters patent proposed and meant to be granted had not been actually possessed or inhabited by any other Christian prince or state nor should be within the metes, bounds, or northern territories of the colony formerly granted by our lord the King himself to be planted by divers beloved subjects of our said lord the King in the northern parts of Virginia, To have and to hold, to possess and to enjoy all and singular the aforesaid islands in the aforesaid seas thus adjacent or near to the aforesaid coast or coasts of the territories of the aforesaid first colony in Virginia, as mentioned, with all and singular the aforesaid soil, grounds, and lands, and all and singular the other premises formerly granted or mentioned to be granted by the same letters patent to the aforesaid Treasurer and Company of Adventurers and Planters of the City of London for the First Colony in Virginia and their heirs, successors, and assigns for ever, for the sole and proper use and need of the same Treasurer and Company and their heirs, successors, and assigns for ever, to be held of our said lord the King, his heirs and successors, as of his manor of Eastgreenewich in free and common socage and not in chief, returning and paying for the same to our said lord the King, his heirs and successors, a fifth part of the ore of all the gold and silver which there should be acquired, had, or obtained, for all manner of services whatsoever.
p. 18.
p. 19.
And, further, our same lord the King willed and it was pleasing to him that in all questions and doubts that should arise upon any difficulty of construction or inter- pretation of anything contained in his same letters patent or in any of his former letters patent, the same should be received and interpreted in the more ample and beneficial manner for the aforesaid Treasurer and Company and their successors and any member thereof.
And, further, our same lord the King by the same letters patent ratified and confirmed to the aforesaid Treasurer and Company and their successors all and all manner of privileges, franchises, liberties, immunities, profits, and commodities whatsoever granted in any former letters patent of our same lord the King and not, in the same present letters patent, recalled, altered, changed, or diminished, although express mention of the true annual value or certitude of the premises or any of them or of any other gift or grant formerly made by our lord the King himself or any of his progenitors or predecessors to the aforesaid Treasurer and Company was not made in the same letters patent, any statute, act, ordinance, provision, proclamation, or restriction to the contrary thereof formerly held, made, ordained, or provided, or any other matter, cause, or thing whatsoever to the contrary thereof in any manner notwithstanding, as by the same letters patent among other things is more fully made clear and apparent; by virtue of which letters patent last mentioned the aforesaid Treasurer and Company of the aforesaid First Colony in Virginia were and still are seised of and in the aforesaid islands, lands, territories, and other premises to them and their successors, as is shown by the same letters, granted in their demesne as of fee.
p. 20.
And further the same Nicholas ffarrer [et al.] say that the aforesaid islands specified in the aforesaid letters patent last mentioned, and, by the aforesaid letters patent last mentioned, mentioned to be granted or proposed to be granted to the aforesaid Treasurer and Company by our aforesaid lord the King who now is, or any of them, or the aforesaid soil, grounds, lands, harbors, rivers, waters, fisheries, mines, and minerals likewise in the same letters specified, or any part or parcel thereof or any other of the premises mentioned in the same letters patent and by the same letters patent mentioned to be granted or proposed to be granted by our same lord the King who now is to the aforesaid Treasurer and Company, were not at the time of the completion of the same letters patent actually possessed or inhabited by any other Christian prince or state, nor were within the limits and territories of the north- ern colony aforesaid granted by our lord the King himself to be planted by divers beloved subjects of our said lord the King in the northern parts of Virginia, with this, that the same Nicholas ffarrer [et al.] wish to verify that our aforesaid lord the King at the time of the completion of the aforesaid letters patent last mentioned was actually seised of the islands, lands, and territories aforesaid specified in the same letters patent last mentioned, in his demesne as of fee, and that the islands, lands, countries, and territories in the aforesaid several letters patent mentioned to be about to be granted are the same lands, countries, and territories of our said lord the King called Virginia, specified in the aforesaid information above and not other or diverse. And by that warrant the same Nicholas ffarrer [et al.] claim to have to themselves and their successors all these lands, countries, and territories of our said lord the King called Virginia, granted to them by the several letters patent aforesaid, as mentioned, and these lands, countries, and territories at their own proper pleasure to assign, give, sell, alienate, and dispose to whatsoever person and persons it shall please them, and to have the rule and sole governance of all the lands, countries, and territories aforesaid. And as to having and claiming all other lands, countries, and territories of our said lord the King called Virginia except the lands, countries, and territories of our said lord the King called Virginia granted, as mentioned, by the aforesaid several letters patent, the same Nicholas ffarrer [et al.] entirely disclaim and disavow.
p. 21.
And as to the following liberties, privileges, and franchises, namely, that the same Nicholas ffarrer [et al.] appoint, elect, and admit into that Company whatsoever persons they wish, both strangers and others, and take, receive, and levy from the same persons divers sums of money for their admission into the Company aforesaid, and that the persons so admitted and to be admitted into the Company aforesaid shall be of the aforesaid Company and incorporated together with the others of the same Company, and that they at their own proper pleasure exclude from the liberties and franchises of the same Company any persons whatsoever of the same Company and disfranchise the same persons and remove and discharge them from that Com- pany, the same Nicholas ffarrer [et al.] say that before the aforesaid time in the information aforesaid above specified, to wit, on the twenty-third day of May in the aforesaid seventh year of the reign of our said lord the King who now is of England, etc., our same lord the King who now is, by his aforesaid letters patent bearing date at Westminster aforesaid on the same twenty-third day of May in the aforesaid seventh year of this reign, ordained and established that the Treasurer of the Company aforesaid and the council of that Company residing in England and their successors or any four of them assembled, the Treasurer being one of them, from time to time should have full power and authority to admit and receive any other persons into their Company, corporation, and liberty, And further in the general assembly of adventurers with the consent of the majority upon reasonable cause to disfranchise and remove any person or persons from the aforesaid liberty and Company.
And further our same lord the King willed and it pleased him, and by the same letters patent for himself, his heirs and successors he granted and agreed to and with the aforesaid Treasurer and Company and their successors, that all and singular any person or persons who at any time or times thenceforward for the future should adventure any sum or sums of money in and towards the aforesaid plantation of the aforesaid colony in Virginia and should be admitted by the aforesaid council and Company as an adventurer or adventurers of the same colony in the form aforesaid, and should be enrolled in the book or record of the adventurers of the same Company, should be esteemed and received, taken, held, and reputed adventurers of the aforesaid colony, and should enjoy all and singular grants, privileges, liberties, benefits, profits, commodities, advantages, and emoluments whatsoever as fully, largely, amply, and absolutely as if they themselves and each of them were precisely, plainly, singly and distinctly named and inserted in the same letters patent, as by the same letters among other things is made fully clear and apparent.
p. 22.
And further the same Nicholas ffarrer [et al.] say that before the aforesaid time specified above in the aforesaid information, to wit, on the aforesaid twelfth day of March in the aforesaid ninth year of the reign of our said lord the King who now is of England, etc., our same lord the King who now is, by his aforesaid letters patent bearing date at Westminster on the same twelfth day of March in the aforesaid ninth year of his reign of England, etc., ordered and granted that the aforesaid Treasurer and Company of Adventurers and Planters aforesaid once every week or oftener at their pleasure should hold and keep a court and assembly for the better ruling and governing of the aforesaid plantation and of such things as should touch the same, and that any five persons of the council of our said lord the King for the aforesaid first colony in Virginia for the time being, of which number the Treasurer or his Deputy should always be one, and a number of fifteen others at least of the generality of the same Company together assembled in such court or assembly in such manner as formerly was used and accustomed, should be named, received, and reputed to be, and should be, a sufficient court of the same Company for the handling, ordering, and expedition of all such contingent and particular, occurring and accidental, matters of smaller consequence and moment as should from time to time happen touching and concerning the aforesaid plantation; and moreover for the handling, ordering, and disposition of matters and businesses of greater weight and importance and such as in any way should touch the commonwealth and general good of the aforesaid Company and plantation, as the manner of governing from time to time to be used, the order and disposition of land and possessions, and the position and establishment of com- merce there, or such things, there should be held and had every year on the last Wednesday of the terms of Saint Hilary, Easter, Trinity, and Saint Michael for ever a great general and solemn assembly which several assemblies should be styled and called the four great and general courts of the Council and Company of Adventurers for Virginia.
And further our same lord the King, by the same letters patent, for himself, his heirs and successors, gave and granted to the Treasurer and Company aforesaid and their successors for ever that the aforesaid Treasurer and Company themselves or the majority of them for the time being in full and general court assembled, as mentioned, from time to time and at all times for ever thenceforth continuously should elect, receive, and admit into their Company any person or persons, as well foreigners and strangers born in any place across the sea wheresoever being in amity with our same lord the King as natives and lieges and subjects of our same lord the King born in any of his kingdoms and dominions, and that any such persons thus elected, received, and admitted of the same Company, as is shown, should henceforth be received, re- puted, and held to be, and should be, free members of the aforesaid Company and should have, hold, and enjoy all and singular the liberties, franchises, privileges, immunities, benefits, profits, and commodities whatsoever in any way belonging or pertaining to the aforesaid Company, as fully, freely, and amply as any other of the adventurers or any other adventurers, then being, or who thenceforward in the future at any time should be of the aforesaid Company, held or ought and could hold, and they should enjoy the same to all intents and purposes whatsoever, as by the same letters patent among other things is fully made clear and apparent.
p. 23.
And by that warrant for the time aforesaid, in the information aforesaid above speci- fied, the Treasurer of the Company aforesaid and the Company aforesaid or the majority thereof for the time being, in full and general court assembled, claim and were used and are used to appoint, elect, and admit into that Company both foreigners and strangers born in any place across the seas wheresoever being in amity with our same lord the King and natural liege subjects of our same lord the King born in any of the kingdoms and dominions of our same lord the King and not otherwise nor in any other way. And also by that warrant the same Nicholas ffarrer [et al.] claim that all such persons, as mentioned, admitted or to be admitted into the Company afore- said shall be of the Company aforesaid and shall be incorporated together with the others of the same, and also by that warrant the same Nicholas ffarrer [et al.] claim to have power and authority in the general assembly of the adventurers with the consent of the majority for a reasonable cause to disfranchise, remove, and discharge any person or persons from the Company aforesaid and not otherwise nor in any other manner, as was and is lawful for them.
And as to the aforesaid liberties, privileges, and franchises, namely, to take, receive, and levy any sums of money from any person or persons for his or their admission into the Company aforesaid, the same Nicholas ffarrer [et al.] entirely disclaim and disavow them.
And as to the following liberties, privileges, and franchises, namely, that the same Nicholas ffarrer [et al.] have and hold both within the city of London aforesaid and elsewhere within this realm of England and also in the parts across the sea in Vir- ginia aforesaid certain council houses and in the same houses, whensoever it shall seem to them to be expedient, have and hold a court, assemblies, or convocations of several and divers men of the same company as many as it shall please them, and in the same courts, assemblies, and convocations at their own proper pleasure ordain, make, and constitute divers statutes, laws, and constitutions and imprison all persons both of the Company aforesaid and other persons not being of the same Company who shall not obey these statutes, ordinances, laws, and constitutions, and tax and impose fines and amercements upon them for that reason, and levy and convert these to their own proper uses, and impose and inflict any other pains, penalties, and punishments whatsoever at their own proper pleasure upon the same persons, the same Nicholas ffarrer [et al.] say that before the aforesaid time in the information aforesaid above specified, to wit, on the aforesaid twelfth day of March in the aforesaid ninth year of the reign of our said lord the King who now is of England, etc., our same lord the King, by his aforesaid letters patent bearing date at Westminster on the same twelfth day of March in the aforesaid ninth year of his reign of England, ordained and granted to the aforesaid Treasurer and Company that the same Treasurer and Company of Adventurers and Planters aforesaid once a week or oftener at their will should hold and have courts and assemblies for the better ordering and ruling of the aforesaid plantation and such things as should concern the same, and that five persons of the council of our said lord the King for the aforesaid first colony in Virginia for the time being, of which number the Treasurer or his Deputy should always be one, and the number of fifteen others at least of the generality of the aforesaid Company together assembled in such court or assembly in such manner as formerly they were used and accustomed should be said, received, held, and reputed to be and should be a sufficient court of the aforesaid Company for the handling, ordering, and expedition of all such casual and particular occurrences and accidental matters, of less consequence and weight, as from time to time should happen touching and concerning the aforesaid plantation, And that, nevertheless, for the handling, ordering, and disposition of matters and businesses of greater weight and importance and of such as in any way should touch the commonwealth and general good of the aforesaid Company and plantation, as, the manner of governing from time to time to be used, the order and disposition and possession and settling and establishment of commerce there or of such like, there should be held and had every year on the last Wednesday of the terms of Saint Hilary, Easter, Holy Trinity, and Saint Michael for ever a great general and solemn assembly, which four several assemblies shall be styled and called the four great and general courts of the council and Company of Adventures for Virginia, in all and singular of which aforesaid great general courts thus assembled the mind and will of our lord the King himself were, and our same lord the King for himself, his heirs and his successors for ever, gave and granted to the aforesaid Treasurer and Company and their successors for ever by the same letters patent that the Treasurer and Company themselves or the majority of them so assembled should have full power and authority from time to time and for all times then for ever to ordain and make such laws and ordinances for the good and welfare of the aforesaid plantation as from time to time should be considered by them to be necessary and suitable, provided that these laws and ordinances should not be contrary to the laws and statutes of the realm of our said lord the King of England, as by the aforesaid letters patent among other things is fully made clear and apparent. And the same Nicholas ffarrer [et al.] say that they themselves often, through the time aforesaid specified above in the information aforesaid, by virtue of the letters patent aforesaid last men- tioned held and had a court and assembly for the better ordering and ruling of the aforesaid plantation and such things as concerned the same and accidental matters of lesser consequence and weight, which from time to time should arise touching and concerning the aforesaid plantation both in England and in parts across the sea in Virginia, and that the same free men and adventurers and planters aforesaid, for the time aforesaid specified above in the information aforesaid, had certain council houses, both in the aforesaid city of London and elsewhere within this kingdom of England and in the parts across the sea in Virginia aforesaid, for holding the aforesaid courts and assemblies at their conventions and assemblies in the same, and the same assem- blies met in these council houses as often as it was convenient and necessary, and courts were held in the same, and in and through the same assemblies and courts divers laws and ordinances for the better ordering and ruling of the aforesaid plan- tation and such things as concerned the same and accidental matters of less impor- tance and weight which from time to time arose touching and concerning the afore- said plantation, such as from time to time were considered by them suitable and necessary and which were fit and appropriate to the laws and statutes of this realm of England and not contrary to the same, were made and constituted, and, besides these courts and assemblies for the handling, ordering, and disposition of matters and businesses of greater weight and importance which in any way touched the commonwealth and general good of the aforesaid Company and plantation in any year for the time aforesaid specified above in the information aforesaid, on the last Wednesday of the terms of Saint Hilary, Easter, Holy Trinity, and Saint Michael, a great general and solemn assembly was had and held, and the same four several assemblies were styled the four great and general courts of the Council and Company of Adventurers for Virginia; the same free men and adventurers and planters aforesaid for the time aforesaid specified above in the information aforesaid, had a council house in the aforesaid city of London in the parish of Saint Benedict Sherebogge for appointing the aforesaid great general and solemn assemblies at their conventions and assemblies in the same, and the same general assemblies came together in that council house at these times and the great and general courts of the council and Company of Adventurers for Virginia were held in the same council house, and in and through the same general courts and assemblies in that council house in these times divers laws and ordinances for the good and welfare of the aforesaid plantation, such as from time to time were considered suitable and necessary and which were fit and appropriate to the laws and statutes of this realm of England and not contrary to the same, were made and constituted. And by that warrant the same Nicholas ffarrer [et al.], for the time aforesaid specified, in the information aforesaid, had and held and claim to have and hold, both within the city of London aforesaid and elsewhere within this kingdom of England and also in the parts across the sea in Virginia afore- said, certain council houses and in the same houses, whensoever it seemed or shall seem to them to be expedient, to have and to hold courts, assemblies, or convocations of many and divers men of the same Company as many as shall please them and in the same courts, assemblies, and conventions at their own proper pleasure to ordain, make, and constitute statutes, laws, and constitutions of this kind. And as to the liberties, privileges, and franchises aforesaid, namely, to imprison all persons, both of the Company and other persons not being of the same Company, who shall not obey the statutes, ordinances, laws, and constitutions ordained, made, and consti- tuted by the courts, assemblies, or convocations of several men of the same Company, and to tax and impose fines and amercements upon them for that reason, and to levy and convert them to their own proper uses, and to impose and inflict upon the same persons any other pains and penalties and punishments whatsoever at their own proper pleasure, the same Nicholas ffarrer [et al.] say that they themselves do not claim nor have they used nor are they using these liberties, privileges, and franchises or any of them but in the same or in any of them entirely disavow and disclaim.
p. 24.
p. 25.
p. 26.
And as to the following liberties, privileges, and franchises, namely, that the same Nicholas ffarrer [et al.] at their own proper pleasure export and transport outside this realm of England into the parts across the sea aforesaid whatsoever persons it shall please them, both being subjects of our said lord the King and any other persons whatsoever, and rule and govern them at their own proper pleasure, both in their voyage on the sea and in the parts across the sea aforesaid, and also that they have the liberty, power, and authority contrary to the laws and statutes of this realm of Eng- land to transport outside this realm of England into the parts across the sea aforesaid all and all kinds of merchandize, goods, and other things whatsoever forbidden to be transported by the laws and statutes of this realm of England, and also to transport outside this realm of England into the parts across the sea aforesaid all kinds of arms, armaments, instruments of war, gunpowder, victuals, cattle, horses, mares, and all other merchandize and things whatsoever, without rendering or payment of subsidy, custom, imposition, or other taxation whatsoever to our said lord the King or for the use of our same lord the King, and that they have to themselves and their successors the ruling and sole government of all persons inhabiting, dwelling, and residing in all those lands, countries, and territories of our said lord the King called Virginia, or coming into those parts or trading, and that they rule and govern the same persons according to the ordinances and constitutions of that Company, and that they have power and authority, both within the parts across the sea aforesaid and on the high sea, to use and exercise military law whensoever it shall please them, the same Nicholas ffarrer [et al.] say that our same lord the King before the aforesaid time specified in the aforesaid information, to wit, on the aforesaid twenty-third day of May in the aforesaid seventh year of the reign of our same lord the King of England, etc., by his aforesaid letters patent bearing date at Westminster on the same twenty-third day of May in the aforesaid seventh year of his reign, of his own special grace, certain knowledge, and mere motion, for himself, his heirs and successors, by the same letters patent gave and granted full power and authority to the aforesaid council of our lord the King himself for the aforesaid Company of Adventurers and Planters in Virginia residing here in England, both at the same present time and henceforward in the future from time to time, to name, appoint, constitute, ordain, and confirm, both by such name and names, style and styles, as shall seem good to them, and likewise to recall, discharge, change, and alter both all and singular governors, officers, and ministers who before them had been appointed and those who henceforth should be considered by them suitable and necessary to be appointed or employed for the government of the aforesaid colony and plantation, and also to appoint, ordain, and establish all kinds of orders, laws, directions, instructions, forms and ceremonies, governments and magistracies suitable and necessary for and concerning the govern- ment of the aforesaid colony and plantation, and at all times thenceforth in the future to abrogate, recall, or change the same, not only within the boundaries of the afore- said colony but also on the sea in crossing to that country and from that country as they themselves in their good discretion should think to be most suited for the good of the adventurers and inhabitants there. And further our same lord the King, of his special grace, certain knowledge and mere motion, for himself, his heirs and his suc- cessors, granted by the same letters patent to the aforesaid Treasurer and Company and their successors that it should be lawful and free to them and their assigns for all and any time and times thenceforth in the future to export and conduct outside the realm of our lord the King of England himself and outside all other dominions of our lord the King himself in that voyage and for and towards the aforesaid plantation and transportation towards these parts and dwelling and habitation there in the aforesaid colony and plantation all such and so many of the beloved subjects of our lord the King or any others, strangers, who should wish to become beloved subjects of our same lord the King and should wish to live under the allegiance of our same lord the King, as should willingly associate with them in the same voyage and plantation with sufficient shipping, arms, weapons, ordnance, munitions, powder and shot, victuals and such merchandize or goods, as would be esteemed by the rude and fierce people in those parts, clothing, implements, furniture, cattle, horses and mares and all other things necessary for the aforesaid plantation and their use and defence and commerce with the people there and in the crossing to that country and from the same country, without rendering and payment of subsidy, custom, imposition, or any other taxation or duty, to our same lord the King, his heirs and successors, for the space of seven years from the date of the same letters patent, provided that none of the same persons be such as henceforth in the future should be restricted by special name by our said lord the King, his heirs or successors.
p. 27.
And for their further encouragement, our same lord the King, of his special grace and favour, by the same letters patent, for himself his heirs and successors, gave and granted to the aforesaid Treasurer and Company and their successors and any of them, their factors and assigns, that they themselves and any of them should be free and quit of all subsidies and customs in Virginia for the space of twenty-one years, and of all other taxations and impositions for ever on any goods or merchandise at any time or times thenceforth in the future, or upon the importation thither or the exportation thence into the kingdom of our lord the King of England or into any other dominions of our lord the King himself, by the aforesaid Treasurer and Company and their successors, their deputies, factors, and assigns or any of them (except only five pounds per cent due for custom upon all such goods and merchandize as should be conveyed to or imported into the realm of our lord the King of England or any other dominions of our same lord the King bordering on the same kingdom of England according to the ancient use of merchants).
p. 28.
And because it would be necessary for all such beloved subjects of our lord the King himself as should dwell within the aforesaid precinct of Virginia to stand and live together in the fear and true worship of our Almighty God, of Christian peace and civil concord among themselves, by which things each of them might with greater security, pleasure, and profit enjoy those things which they acquire with great labor and danger, our same lord the King, for himself, his heirs and successors, by the same letters patent gave and granted to the aforesaid Treasurer and Company and their successors, and to such governors, officers, and ministers as should be constituted and appointed by the said council of our said lord the King according to the natures and limits of their offices and places respectively, that they themselves should have from time to time thenceforth for ever, within the same precincts of Virginia or on the way by sea thither and thence, full and absolute power and authority to correct, punish, pardon, govern, and rule all such subjects of our same lord the King, his heirs and successors, as should from time to time adventure themselves in any voyage thither or who at any time thenceforward in the future should dwell in the precincts and territories of the aforesaid colony, as mentioned, according to such orders, or- dinances, constitutions, directions, and instructions as should be established by the council of our lord the King himself, and in default of these in case of necessity ac- cording to the good discretion of the aforesaid governors and officers respectively, both in capital and criminal cases and civil, both marine and others, provided however that the same statutes, ordinances, and processes, as nearly as could conveniently be done, should be consistent with the laws, statutes, governments, and policies of the aforesaid kingdom of our said lord the King of England.
And further our same lord the King, of his special grace, certain knowledge, and mere motion, granted, declared, and ordered that such principal governor as should from time to time be duly and legitimately authorised and appointed in the manner and form previously expressed in the same letters patent should have full power and authority to use and exercise martial law in cases of rebellion or mutiny, in as large and ample a manner as the lieutenants of our lord the King himself in the countries of our lord the King himself in his realm of England have had or ought to have by virtue of the lieutenant's commission, notwithstanding any statute, act, ordinance, pro- vision, proclamation, or restriction to the contrary had, made, ordered, or provided, or any other cause or matter whatsoever, as by the same letters patent among other things is fully made clear and apparent.
And further the same Nicholas ffarrer [et al.] say that before the aforesaid time specified in the aforesaid information, to wit, on the aforesaid twelfth day of March in the aforesaid ninth year of the reign of our said lord the King who now is of England, etc., our same lord the King by his aforesaid letters patent bearing date at West- minster on the same twelfth day of March in the aforesaid ninth year of his reign of England, etc., of his special grace, certain knowledge and mere motion, for himself, his heirs and his successors, gave and granted to the aforesaid Treasurer and Company and their successors for ever by the same letters patent that it should be lawful and free for themselves and their assigns, at all and every time and times thenceforth in the future, outside any of the realms and Dominions of our lord the King himself whatsoever, to take, lead, carry, and transport on the voyage aforesaid and through and towards the aforesaid plantation of the aforesaid first colony of our lord the King himself in Virginia, all such and as many of the beloved subjects of our lord the King himself, or any other strangers, who should wish to become beloved sub- jects of our lord the King himself and should wish to live under the allegiance of our lord the King himself, as would willingly join them in the aforesaid voyage and plantation with shipping, armor, ordnance, munitions, powder, shot, victuals, and all manner of other merchandise and goods and all manner of clothing, implements, furniture, beasts, cattle, horses, mares, and all other things necessary for the aforesaid plantation and for their use and defence and for commerce with the people there, and in passing to and fro, without payment or rendering of any subsidy, custom, or imposition either inward or outward, or of any other duty to our same lord the King, his heirs or successors for the same for the space of seven years from the date of the same letters patent, notwithstanding any statute, act, order, provision, proclamation, or restriction to the contrary formerly held, made, ordained, or provided, or any other matter, cause, or thing whatsoever to the contrary in any manner, as by the same letters patent among other things is fully made clear and apparent. And by that warrant the same Nicholas ffarrer [et al.], for the time aforesaid, specified above in the information aforesaid, claim and have used and are using the liberty, power, and au- thority at their pleasure to export and transport outside this realm of England to the aforesaid parts across the sea as many and such subjects of our lord the King himself or strangers who wish to live under the allegiance of our same lord the King as have willingly joined them in the same voyage and plantation and such as were not re- stricted nor any of them restricted by special name by our said lord the King and not otherwise nor in any other manner; and also they claim and have used and are using the liberties, privileges, and franchises to rule and govern the same persons both in their voyage upon the sea and in the parts across the sea aforesaid, according to such orders, ordinances, constitutions, directions, and instructions as by the aforesaid council of our lord the King himself were established and not otherwise nor in any other manner; and also they claim and were used and are used, from the time of the completion of the several letters patent aforesaid up to the day of the exhibition of the information aforesaid, by virtue of the same letters patent aforesaid respectively, to have liberty, power, and authority to transport outside this realm of England to these parts across the sea for their businesses sufficient shipping, all kinds of armor, armaments, instruments of war, powder, victuals, cattle, horses, mares, and other merchandise and things necessary for the aforesaid plantation, and for their use and defence and commerce with the people there, without rendering or payment of sub- sidy, custom, imposition, or other taxations whatsoever to our said lord the King or for the use of the same King for the several times of the several seven years in the aforesaid several letters patent mentioned, and without rendering or payment of subsidy, custom, imposition, or taxation whatsoever to our said lord the King, or for the use of our lord the King himself in Virginia, from the time of the completion of the aforesaid letters patent of our lord the King himself bearing date on the aforesaid twenty-third day of May in the aforesaid seventh year to the day of the exhibition of the information aforesaid, upon any goods or merchandise during the time aforesaid imported into the aforesaid country of Virginia or exported thence to the realm of our said lord the King of England or to any other dominions of our lord the King himself, excepting only five pounds per cent. due for custom upon all such goods and merchandise which have been brought or imported into the realm of our said lord the King of England or any other dominions of our same lord the King, according to the ancient use of merchants and not otherwise nor in any other manner. And also by that warrant the same Nicholas ffarrer [et al.] claim and were used for the time speci- fied in the aforesaid information and are used to have to themselves and their successors the ruling and sole governance of all persons inhabiting, dwelling, and residing in all those lands, countries, and territories of our said lord the King called Virginia, granted by the aforesaid several letters patent to the Company of Adventurers and Planters of the City of London for the First Colony in Virginia or those coming into those parts with them, and to rule and govern the same persons according to the orders and constitutions of that Company; and also they claim to have power and authority, both within the parts across the sea aforesaid and on the high sea, to use and exercise military law in cases of rebellion or mutiny in such large and ample a manner as the lieutenants of our lord the King himself in the counties within this realm of England have or ought to have by virtue of their commissions as lieutenant and not otherwise nor in any other manner, as was and is lawful to them, by virtue of the aforesaid letters patent. But the same Nicholas ffarrer [et al.] say that they never used martial law, with this, that the same Nicholas ffarrer [et al.] wish to verify that no person by them exported and transported outside this realm of England or any dominions of our lord the King himself in the aforesaid parts across the sea called Virginia was restricted by special name by our said lord the King.
p. 29.
p. 30.
p. 31.
And as to the following liberties, privileges, and franchises, namely, that the same Nicholas ffarrer [et al.] exact of all persons both subjects of our said lord the King and others trading, in these parts across the sea both not being of their Company aforesaid and others, divers sums of money at their own pleasure and imprison all who refuse or neglect to pay the said exactions, and also tax and impose fines and amercements at their pleasure upon any persons trading with any merchandise or other things whatsoever in those parts across the sea and imprison the same persons without bail or surety at their own pleasure, and also impose whatsoever impositions they please upon merchandise and other things by any person or any persons, not being of their Company aforesaid, transported or to be transported into the aforesaid parts across the sea outside this realm of England or brought or to be brought from the aforesaid parts across the sea into this realm of England, and take, seize, and retain irrepleviable the ships and merchandise and other things aforesaid until they themselves are satisfied of the impositions thus imposed by themselves upon that merchandise and these other things, the same Nicholas ffarrer [et al.] say that our same lord the King who now is, before the aforesaid time in the aforesaid information, specified above, to wit, on the aforesaid twenty-third day of May in the aforesaid seventh year of the reign of our same lord the King of England, by his aforesaid letters patent bearing date at Westminster on the same twenty-third day of May in the aforesaid seventh year of his reign of England, granted to the aforesaid Treasurer and Company and their successors that it should be lawful for the same Treasurer and Company and their successors and any of them from time to time and for all times thereafter in the future and that they themselves should have full power and authority, by all ways and means whatsoever, to take and reduce under their power all and every person or persons whatsoever, with their ships, goods, and other furniture, trafficking in any harbor, creek, or place within the limits and precincts of the aforesaid colony and plantation, not being allowed by the aforesaid Company to be adventurers or planters of the aforesaid colony, until those being of any of the realms or dominons under the obedience of our lord the King himself should pay or agree to pay to the hands of the treasurer or any other officer deputed by the governors in Virginia, beyond and above such subsidy and custom as the aforesaid Company then or thenceforth in the future ought to pay, five pounds per cent. upon all goods and merchandise imported there and also five pounds per cent. upon all goods exported thence by themselves by ships, and those being foreigners and not under the obedience of our lord the King himself until they should pay, beyond and above such subsidy and custom as the aforesaid Treasurer and Company and their successors then or in the future ought to pay, ten pounds per cent. upon all such goods likewise imported or exported into that country or from that country, notwithstanding anything to the contrary in the former letters patent of our lord the King himself, and the same sum of money and the benefits aforesaid for and during the space of twenty-one years should be alto- gether applied to the benefit and need of the aforesaid colony and plantation, as by the same letters patent among other things is fully clear and apparent.
p. 32.
And by that warrant the same Nicholas ffarrer [et al.] claim to have power and authority, for the time aforesaid specified in the information aforesaid, to exact from all persons, both subjects of our said lord the King and others, trading in any harbor, creek, or place within the limits or precincts of the aforesaid first colony, not being of the Company of Adventurers aforesaid nor being allowed by the aforesaid Company to be adventurers or planters of the aforesaid first colony, the following divers sums of money, namely, of any person or persons of this kind thus trading there and being of any realms or dominions under the obedience of our lord the King himself five pounds per cent. on all goods and merchandise imported thither by a person or persons of this kind, and also five pounds per cent. on all goods exported thence by them by ship over and above such subsidy as the aforesaid Company then ought to pay, and of a person or persons of this kind thus trading there and being foreign and not under the obedience of our lord the King himself ten pounds per cent. upon all goods and mer- chandise by a person or persons of this kind, being foreign and not under the obedience of our lord the King himself, imported or exported to that country or from that country, beyond such subsidy and custom as the aforesaid Treasurer and Company then ought to pay, and not otherwise nor in any other manner nor of any persons of the Company aforesaid, and also they claim to have power and authority for the time aforesaid specified in the information aforesaid to imprison all persons of this kind thus trading there (not being of the aforesaid Company nor so allowed, as is shown) who respectively should refuse to pay or neglect or not agree to pay the afore- said sums of money to the hands of the treasurer or any other officer deputed by the governor in Virginia, and to take, seize, and retain the ships and merchandise and other things aforesaid until they should be satisfied of the aforesaid several sums of money respectively for the merchandise and goods thus imported thither or exported thence by persons of this kind, and not otherwise nor in any other way. And the sums of money and benefits aforesaid thus to be received the same Nicholus ffarrer [et al.] claim from the time of the completion of the aforesaid letters patent last mentioned for the space of twenty-one years, to be alltogether applied for the benefit and need of the aforesaid colony and plantation and not otherwise nor in any other manner; and as to the aforesaid liberties, privileges, and franchises, namely, to tax and impose fines and amercements at their pleasure upon any persons trading with any merchandise or other things whatsoever in those parts across the sea, and to imprison the same persons at their pleasure without bail or mainprise, and also to impose whatsoever impositions they please upon merchandise and other things transported or to be transported by any person or any persons not being of their Company aforesaid to the aforesaid parts across the sea outside this realm of England or brought or to be brought from the parts across the sea aforesaid to this realm of England, and all other exactions specified above in the information aforesaid, and not claimed by themselves in this plea the same Nicholas ffarrer [et al.] say that they themselves have never used, do not use, and do not claim to use these liberties, privileges, and franchises or any of them, but in the same and in any of them entirely disavow and disclaim.
p. 33.
And as to having and claiming the following liberties, privileges, and franchises, namely, to have power and authority to swear and to examine upon oath whatsoever persons they please in any cause whatsoever touching or concerning the plantation aforesaid, or any business whatsoever pertaining to the same plantation, the same Nicholas ffarrer [et al.] say that before the aforesaid time specified above in the infor- mation aforesaid, to wit, on the aforesaid twelfth day of March in the aforesaid ninth year of the reign of our said lord the King who now is of England, etc., our same lord the King by his aforesaid letters patent given at Westminster on the same twelfth day of March in the aforesaid ninth year of his reign of England, etc., for himself, his heirs and successors, granted to the aforesaid Treasurer and Company and their successors that it should be lawful for the aforesaid Treasurer or his Deputy for the time being, or any two others of the council of our same lord the King for the aforesaid first colony in Virginia for the time being, from time to time and for all times then in the future to administer such a formal oath as by their discretion should reasonably be devised, both to any person or persons employed or to be employed in, for, or touching the aforesaid plantation for their honest, faithful, and just dis- charge of their service in all such matters as should be entrusted to them for the good and benefit of the aforesaid Company, colony, and plantation, and such other person or persons as the aforesaid Treasurer or his Deputy with two others of the aforesaid council should consider suitable for the examination or manifestation of the truth in any cause whatsoever concerning the aforesaid plantation or any business arising from it or belonging to it as by the same letters patent among other things is fully clear and apparent. And by that warrant the same Nicholas ffarrer [et al.], through the whole time specified above in the information aforesaid, used and still use and claim to have and use power and authority to swear and examine upon oath such persons as the aforesaid Treasurer or his Deputy with two others of the aforesaid council have deemed suitable for the examination or manifestation of the truth in any cause whatsoever touching or concerning the aforesaid plantation or any business pertaining to the same plantation, and not otherwise nor in any other manner, as was and is lawful to them by virtue of the letters patent aforesaid, without this that the same Nicholas ffarrer [et al.], for the time aforesaid specified above in the information aforesaid have usurped over our said lord the King who now is the liberties, privileges, and franchises aforesaid or any of them above specified in that plea and by themselves in the manner and form aforesaid claimed, or still usurp in the manner and form as is supposed above by the information aforesaid: All and singular of which matters the same Nicholas ffarrer [et al.] are prepared to verify as the court, etc., wherefore they seek judgment, And that all and singular the liberties, privileges, and franchises specified above in this plea and by them, as mentioned, claimed according to the letters patent aforesaid, be allowed and adjudged to the same free men and adventurers and planters aforesaid and their successors, and that they themselves be accordingly dismissed from this court.
p. 34.
p. 35.
And as to the remainder of the liberties, privileges, and franchises aforesaid specified above in the information aforesaid, the same Nicholas ffarrer [et al.] say that they themselves never used or use or claim to use these liberties, privileges, and franchises or any of them, but in the same and in any of them they disavow and disclaim.
And the aforesaid Sir Thomas Coventrye, attorney general of our lord the King who now is, who for our same lord the King in this cause sues for our same lord the King, seeks thereon a day of pleading until the octaves of Saint Hilary, and it is granted to him before our lord the King wheresoever, etc. The same day is given both to the aforesaid Thomas Coventrye who sues, etc., and to the aforesaid Nicholas ffarrer [et al.]. At which octaves of Saint Hilary before our lord the King at Westminster there came both the aforesaid Sir Thomas Coventrye, attorney general of our said lord the King who sues, etc., and the aforesaid Nicholas ffarrer [et al.] by their attorney aforesaid.
And the aforesaid Sir Thomas Coventrye, attorney general of our said lord the King who now is, who for our same lord the King in this case sues, says for our same lord the King that our said lord the King who now is, ought not to be prevented from having his information against the aforesaid Nicholas ffarrer [et al.], for anything alleged in the pleading above by the said Nicholas ffarrer [et al.], because he says that the plea aforesaid pleaded by them in the form aforesaid above, as to having and claiming the liberties, privileges, and franchises aforesaid above mentioned and here- after recited, namely, that the same free men and adventurers and planters of the city of London for the first colony in Virginia be incorporated by name of the Treasurer and Company of Adventurers and Planters of the City of London for the First Colony in Virginia, and by that name to plead and be impleaded in all courts and places whatsoever and before any judges whatsoever, any justices or any other persons whatsoever, both in all and singular actions, suits, and pleas and in all and singular other causes, businesses, matters, and demands whatsoever, of whatsoever kind, nature, or species they may be, and by that name be persons able and in law capable of acquiring, holding, receiving, taking, and possesing to themselves and their successors both of our said lord the King and of any other persons or bodies corporate any demesnes, manors, lands, tenements, rents, reversions, reventions, services, possessions, hereditaments, goods and chattels, licences, liberties, franchises, profits, commodities whatsoever to them by the aforesaid name or to other persons or to any other person for their use given, made, held, granted, or confirmed, and by the same name that they give, grant, admit, let, dispose, assign, and alienate any of their goods, chattels, lands, tenements and hereditaments to any person whatsoever or any persons whatsoever at their pleasure, and the matter in the same plea contained are insufficient in law to preclude our lord the King himself from his information aforesaid as to these liberties, privileges and franchises, Wherefore, for default of sufficient response of the same Nicholas ffarrer [et al.], in this cause he seeks judgment, and that the same Nicholas ffarrer [et al.] be convicted etc., of and for the usurpation of those liberties, privileges, and franchises last recited.
p. 36.
p. 37.
And the same Thomas Coventrye who sues, etc., for our same lord the King further says that the plea aforesaid pleaded above in the form aforesaid, as to having and claiming the liberties, privileges, and franchises aforesaid above mentioned and here after recited, namely, to have a council within this realm of England continually residing, to consist of divers men of the same Company and to nominate, elect, and swear whomsoever they shall wish to be of that council, and also to have a council continually residing in the said parts across the sea in Virginia to consist of divers men by themselves to be nominated and elected, and to nominate, elect, and swear whomsoever they shall wish to be of that council, and the matter in that plea con- tained, are insufficient in law to preclude our lord the King himself from his informa- tion aforesaid as to these liberties, privileges, and franchises, Whereupon, for default of sufficient response of the same Nicholas ffarrer [et al.], he seeks judgment in this cause, and that the same Nicholas ffarrer [et al.] be convicted, etc., of and for the usurpation of these liberties privileges and franchises last recited.
And the same attorney general who sues, etc., further says that the plea pleaded above, as mentioned, as to having and claiming the liberties, privileges, and fran- chises aforesaid above mentioned and here after recited, namely, to have divers common seals for the transaction of all and singular their causes and businesses and, at their pleasure, to break, change, and make these anew, and the matter in the same plea contained, are insufficient in law to preclude our lord the King himself from his information aforesaid as to these liberties, privileges and franchises, Where- upon, for want of sufficient response of the same Nicholas ffarrer [et al.], in this cause he seeks judgment and that the same Nicholas ffarrer [et al.] be convicted, etc., of and for the usurpation of these liberties, privileges, and franchises last recited.
p. 38.
And the same attorney general who sues, etc., for our same lord the King further says that the plea aforesaid pleaded above in the form aforesaid as to the liberties, privi- leges, and franchises aforesaid above mentioned and here after recited, namely, that the same Nicholas ffarrer [et al.] have power and authority whensoever it shall please them to nominate, appoint, and swear one of themselves to be Treasurer of the same Company and another of themselves to be Deputy Treasurer of the same Company, and also to nominate, appoint, and swear from among themselves as many and such other officers and ministers both residing within this realm of England and dwelling and residing in the country of Virginia in the parts beyond the sea as it shall please them, and to discharge, remove, alter, and change the governor, treasurer, deputy and those other officers and ministers at their own proper pleasure, and the matter contained in the same plea, are insufficient in law to preclude our lord the King him- self from his information aforesaid as to these liberties, privileges and franchises, Whereupon, for default of sufficient response of the same Nicholas ffarrer [et al.], in this cause he seeks judgment, and that the same Nicholas ffarrer [et al.] be convicted, etc., of and for the usurpation of these liberties, privileges, and franchises last recited.
And the same attorney general, who sues, etc., for our same lord the King further says that the plea aforesaid pleaded above in the form aforesaid as to the liberties, privileges, and franchises aforesaid above mentioned and here after recited, namely, that the same Nicholas ffarrer [et al.] have to themselves and their successors all those lands, countries, and tearritories of our said lord the King called Virginia, and at their own proper pleasure assign, give, sell, alienate, and dispose those lands, countries, and territories to whatsoever person and persons it shall please them, and also have the ruling and sole governing of all the lands, countries, and territories aforesaid, and the matter in the same plea contained, are insufficient in law to pre- clude our lord the King himself from his aforesaid information as to these liberties, privileges, and franchises, Whereupon, for default of sufficient response of the same Nichoas ffarrer [et al.], in this cause he seeks judgment, and that the same Nicholas ffarrer [et al.] themselves be convicted, etc., of and for the usurpation of these liberties, privileges, and franchises last recited.
p. 39.
And the same attorney general, who sues, etc., for our same lord the King further says that the plea aforesaid pleaded above in the form aforesaid as to the liberties, privileges, and franchises aforesaid above mentioned and here after recited, namely, that the same Nicholas ffarrer [et al.] appoint, elect, and admit into that Company whatsoever persons they will both foreign and others and from the same persons take, receive, and levy divers sums of money for their admission into the Company aforesaid, and that the persons so admitted and to be admitted into the aforesaid Company shall be of the aforesaid Company and incorporated together with others of the same Company, and also exclude from the liberties and franchises of the same Company at their own proper pleasure any persons whatsoever of the same Company and disfranchise the same persons and from that Company remove and discharge them, and the matter in that plea contained, are insufficient in law to preclude our lord the King himself from his information aforesaid as to these liberties, privileges, and franchises, Whereupon for default of sufficient response of the same Nicholas ffarrer [et al.], in this cause he seeks judgment, and that the same Nicholas ffarrer [et al.], be convicted, etc., of and for the usurpation of these liberties, privileges, and franchises last recited.
And the same attorney general, who sues, etc., for our same lord the King further says that the plea aforesaid pleaded above in the form aforesaid as to the aforesaid liberties, privileges, and franchises above mentioned and here after recited, namely, that the same Nicholas ffarrer [et al.] have and hold, both within the city of London aforesaid and elsewhere within this realm of England and also in the parts across the sea in Virginia aforesaid, certain council houses and in the same houses, when- soever it shall seem to them to be expedient, have and hold courts, assemblies, or convocations of many and divers men of the same Company, so many and such as it shall please them, and in the same courts, congregations, and convocations at their own proper pleasure ordain, make, and constitute divers statutes, laws, and con- stitutions, and imprison all persons both of the Company aforesaid and other persons not being of the same Company who should not obey these statutes, ordinances, laws, and constitutions, and tax and impose fines and amercements upon them for that reason and levy and convert these to their own proper uses and impose and in- flict any other pains, penalties, and punishments whatsoever at their own proper pleasure upon the same persons, and the matter in the same plea contained, are in- sufficient in law to preclude our lord the King himself from his information aforesaid as to these liberties, privileges, and franchises, Whereupon, for default of sufficient response of the same Nicholas ffarrer [et al.], in this cause he seeks judgment, and that the same Nicholas ffarrer [et al.] be convicted, etc., of and for the usurpation of those liberties, privileges, and franchises last recited.
p. 40.
And the same attorney general, who sues, etc., for our same lord the King further says that the plea aforesaid pleaded above in the form aforesaid as to the liberties, privi- leges, and franchises aforesaid above mentioned and hereafter recited, namely, that the same Nicholas ffarrer [et al.] at their own proper pleasure export and transport outside this realm of England to the parts across the sea aforesaid whatsoever persons it shall please them, both subjects of the said lord King and any other persons what- soever, and rule and govern them at their own proper pleasure both in their voyage upon the sea and in the parts across the sea aforesaid, and also that they have the liberty, power, and authority, contrary to the laws and statutes of this realm of England, to transport outside this realm of England to the parts across the sea afore- said all and every kind of merchandise, goods, and other things whatsoever for- bidden to be transported by the laws and statutes of this realm of England, and also to transport outside this realm of England to the parts across the sea aforesaid all kinds of armour, armaments, instruments of war, gunpowder, victuals, horses, mares, and all other merchandize and things whatsoever without rendering or payment of subsidy, custom, imposition, or other taxation whatsoever to our said lord the King or for the use of our same lord the King, and that they have to them- selves and their successors the ruling and sole governing of all persons inhabiting, dwelling, and residing in all these lands, country, and territories of our said lord the King called Virginia or coming into these parts or trading, and to rule and govern the same persons according to the ordinances and constitutions of that Company, and also that they have power and authority to use and exercise martial law, both within the parts across the sea aforesaid and on the high sea, whensoever it shall please them, and the matter in the same plea contained, are insufficient in law to preclude our lord the King himself from his information aforesaid as to these liberties, privileges, and franchises, Whereupon, for default of sufficient response of the same Nicholas ffarrer [et al.], in this cause he seeks judgment and that the same Nicholas ffarrer [et al.] be convicted, etc., of and for the usurpation of those liberties, privileges, and franchises last recited.
p. 41.
And the same attorney general, who sues, etc., for our same lord the King further says that the plea aforesaid pleaded above in the form aforesaid as to the liberties, privi- leges, and franchises aforesaid above mentioned and here after recited, namely, that the same Nicholas ffarrer [et al.] exact divers sums of money at their own proper pleasure from all persons both subjects of our said lord the King and others trading in those parts across the sea both not being of their Company and others, and imprison all who should refuse or neglect to pay the said exactions, and also tax and impose fines and amercements at their pleasure upon any persons trading with any merchan- dise or other things whatsoever in those parts across the sea and imprison the same persons without bail or mainprise at their pleasure, and also impose whatsoever impositions it shall please them upon merchandise and other things by any person or persons not being of their Company aforesaid transported or to be transported to the parts across the sea aforesaid outside this realm of England or brought or to be brought from the parts across the sea aforesaid into this realm of England, and to take, seize, and retain as irrepleviable the ships, merchandise, and other things afore- said until they themselves are satisfied of the impositions so imposed by themselves upon this merchandise and these other things, and the matter in the same plea contained, are not sufficient in law to preclude our lord the King himself from his information aforesaid as to these liberties, privileges, and franchises, Whereupon, for default of sufficient response of the same Nicholas ffarrer [et al.], in this cause he seeks judgment and that the same Nicholas ffarrer [et al.] be convicted, etc., of and for the usurpation of those liberties, privileges, and franchises last recited.
And the same attorney general, who sues, etc., for our same lord the King, further says that the plea aforesaid pleaded above in the manner and form aforesaid as to having and claiming the liberties, privileges, and franchises aforesaid above men- tioned and here after recited, namely, to have power and authority to swear and examine upon oath whatsoever persons it shall please them in any cause whatsoever touching and concerning the plantation aforesaid or any business whatsoever per- taining to the same plantation, and the matter in the same plea contained, are in- sufficient in law to preclude the lord King himself from his information aforesaid as to these liberties, privileges, and franchises, Whereupon, for default of sufficient response of the same Nicholas ffarrer [et al.], in this cause he seeks judgment and that the same Nicholas ffarrer [et al.] be convicted, etc., of and for the usurpation of those liberties, privileges, and franchises last recited.
p. 42.
And the aforesaid Nicholas ffarrer [et al.], by their attorney aforesaid, say that the plea aforesaid pleaded above by themselves in the form aforesaid as to having and claiming the liberties, privileges, and franchises aforesaid above mentioned and here after recited, namely, that the same free men and adventurers and planters of the aforesaid city of London for the first colony in Virginia be incorporated by name of Treasurer and Company of Adventurers and Planters of the City of London for the First Colony in Virginia and by that name plead and be impleaded in all courts and places whatsoever and before whatsoever judges, justices, or other persons whatso- ever, both in all and singular actions, suits, and pleas and in all and singular other causes, businesses, matters, and demands whatsoever of whatsoever kind, nature, or species they may be, and that by the same name they shall be persons able and in law capable of acquiring, having, receiving, taking, and possessing to themselves and their successors, both of our said lord the King and of any other persons or bodies corporate, any demesnes, manors, lands, tenements, rents, reversions, reventions, services, possessions, hereditaments, goods and chattels, licences, liberties, franchises, profits, commodities whatsoever given, made, held, granted, or confirmed to them by the aforesaid name or to other persons or to any other person for their use, and by the said name give, grant, demise, let, dispose, assign and alienate any of their goods, chattels, lands, tenements, and hereditaments whatsoever to any person or persons whatsoever at their pleasure, and the matter in the same plea contained, are good and sufficient in law to preclude our lord the King himself from having his informa- tion aforesaid against the same Nicholas ffarrer [et al.] as to these liberties, privileges, and franchises. Which plea, and matter in the same contained, the same Nicholas ffarrer [et al.] are prepared to verify, Whereupon, since the same attorney of our said lord the King does not answer for our same lord the King to that plea nor deny it in any wise, but refuses altogether to admit that verification, in this cause they seek judgment, and that the same Nicholas ffarrer [et. al.] be dismissed, etc., by the court as to those liberties, privileges, and franchises.
And the aforesaid Nicholas ffarrer [et al.], by their attorney aforesaid, further say that the plea aforesaid pleaded above in the form aforesaid as to having and claiming the liberties, privileges, and franchises aforesaid above mentioned and here after recited, namely, to have a council within this realm of England continuously residing, to consist of divers men of the same Company and to nominate, elect, and swear whom- soever they shall wish to be of that council and also to have a council continuously residing in the said parts across the sea in Virginia to consist of divers man to be nominated and elected by themselves and to nominate, elect, and swear whomsoever they shall wish to be of that council, and the matter contained in the same, are good and sufficient in law to preclude our lord the King himself from having his informa- tion aforesaid against themselves as to these liberties, privileges, and franchises; Which plea and the matter in the same contained the same Nicholas ffarrer [et al.] are prepared to verify, Whereupon since the attorney general of our said lord the King for our same lord the King does not answer to that plea nor in anywise deny it but altogether refuses to admit that verification, they seek judgment in this cause, and that the same Nicholas ffarrer [et al.] should be discharged, etc., by the court here as to these liberties, privileges, and franchises.
p. 43.
And the aforesaid Nicholas ffarrer [et al.], by their attorney aforesaid, further say that the plea aforesaid above pleaded, as mentioned, as to having and claiming the aforesaid liberties, privileges, and franchises above mentioned and here after recited, namely, to have divers common seals for transacting all and singular their causes and businesses and to break, change, and make anew these at their pleasure, and the matter in the same plea contained, are good and sufficient in law to preclude our lord the King himself from having his information aforesaid as to these liberties, privileges, and franchises; Which plea and the matter in the same contained the same Nicholas ffarrer [et al.] are prepared to verify; Whereupon, since the same attorney of our said lord the King does not answer to that plea nor in any wise deny it, but refuses alto- gether to admit that verification, they seek judgment in this cause, and that the same Nicholas ffarrer [et al.] be discharged etc., by the court here as to these liberties, privileges and franchises.
And the aforesaid Nicholas ffarrer [et al.], by their attorney aforesaid, further say that the plea aforesaid pleaded above in the form aforesaid as to the liberties, privi- leges, and franchises above mentioned and hereafter recited, namely, that the same Nicholas ffarrer [et al.] have power and authority whensoever it shall please them to nominate, constitute, and swear one of themselves to be Treasurer of the same Company and another of themselves to be Deputy Treasurer of the same Company, and also to nominate, constitute, and swear from themselves as many and such other officers and ministers both residing within this realm of England and dwelling and residing in the country of Virginia in the parts across the sea as shall please them, and to discharge, remove, alter, and change the governor, treasurer, deputy, and other officers and ministers at their own proper pleasure, and the matter in the same plea contained, are good and sufficient in law to preclude our lord the King himself from having his information aforesaid as to these liberties, privileges, and franchises; Which plea and the matter contained in the same the same Nicholas ffarrer [et al.] are prepared to verify, Whereupon since the same attorney of our said lord the King for our same lord the King does not reply to that plea nor deny it in anywise but altogether refuses to admit that verification, they seek judgment in this cause, and that they themselves, the same Nicholas ffarrer [et al.], be dismissed, etc., by the court here as to these liberties, privileges, and franchises.
And the aforesaid Nicholas ffarrer [et al.], by their attorney aforesaid, further say that the plea aforesaid pleaded above in the information aforesaid as to the liberties, privileges, and franchises aforesaid above mentioned and here after recited, namely, that the same Nicholas ffarer [et al.], have to themselves and their successors all those lands, countries, and territories of our said lord the King called Virginia, and assign, give, sell, alienate, and dispose those lands, countries, and territories at their own proper pleasure to any person whatsoever and to any persons whatsoever they shall please, and also have the ruling and sole governing of all the lands, countries, and territories aforesaid, and the matter in the same plea contained, are good and sufficient in law to prevent the lord King himself from having his information afore- said as to these liberties, privileges, and franchises against themselves, Which plea and the matter in the same contained the same Nicholas ffarrer [et al.] are pre- pared to verify. Whereupon, since the attorney of our said lord the King for our same lord the King does not answer to that plea nor in any wise deny it but refuses altogether to admit that verification, they seek judgment in this cause, and that they themselves the same Nicholas ffarrer [et al.] be discharged by the court here, etc., as to these liberties, privileges, and franchises.
p. 44.
And the aforesaid Nicholas ffarrer [et al.], by their attorney aforesaid, further say that the aforesaid plea pleaded above in the form aforesaid as to the liberties, privileges, and franchises aforesaid above mentioned and here after recited, namely, that the same Nicholas ffarrer [et al.] appoint, elect, and admit into that Company whatso- ever persons they shall wish, both strangers and others, and from the same persons take, receive, and levy divers sums of money for their admission into the Company aforesaid, and that persons so admitted and to be admitted into the aforesaid Com- pany shall be of that Company aforesaid and incorporated with others of the same Company, and also exclude any persons whatsoever of the same Company at their own proper pleasure from the liberties and franchises of the same Company and disfranchise the same persons and remove and discharge them from that Company, and the matter in the same plea contained, are good and sufficient in law to preclude our lord the King himself from having his information aforesaid as to these liberties, privileges, and franchises against themselves, Which plea, and the matter in the same contained, the same Nicholas ffarrer [et al.] are prepared to verify, Whereupon since the same attorney of our said lord the King for our same lord the King does not answer to that plea nor anywise deny it but alltogether refuses to admit that veri- fication in this cause, they seek judgment, and that they themselves, the same Nicho- las ffarrer [et al.] be discharged by the court here, etc., as to these liberties, privileges, and franchises.
And the aforesaid Nicholas ffarrer [et al.], by their attorney aforesaid, further say that the plea aforesaid pleaded above in the form aforesaid as to the liberties, privileges, and franchises aforesaid above mentioned and here after recited, namely, that the same Nicholas ffarrer [et al.] have and hold both within the city of London aforesaid and elsewhere within this realm of England and also in the parts across the sea in Virginia aforesaid certain council houses and in the same houses whensoever it shall seem to them to be expedient have and hold courts, assemblies, or convocations of many and divers men of the same Company, so many and such as it shall please them, and in the same courts, assemblies, and convocations at their own proper pleasure ordain, make, and constitute divers statutes, laws, and constitutions, and emprison all persons both of the Company aforesaid and other persons not being of the same Company who shall not obey these statutes, ordinances, laws, and constitu- tions, and tax and impose fines and amercements upon them for that reason and levy and convert these to their own proper uses and impose and inflict upon the same persons any other pains, penalties, and punishments whatsoever at their own proper pleasure, and the matter in the same plea contained, are good and sufficient in law to preclude our lord the King himself from having his aforesaid information as to these liberties, privileges, and franchises against themselves: Which plea and the matter contained in the same the same Nicholas ffarrer [et al.] are prepared to verify, Wherefore, since the same attorney general of our said lord the King for our same lord the King does not respond to that plea nor in anywise deny it but altogether refuses to admit that verification thereupon, they seek judgment in this cause, and that they themselves the same Nicholas ffarrer [et al.], as to these liberties, privileges, and franchises be dismissed by the court here, etc.
p. 45.
And the aforesaid Nicholas ffarrer [et al.], by their attorney aforesaid, further say that the plea aforesaid pleaded above in the form aforesaid, as to the liberties, privileges, and franchises aforesaid above mentioned and hereafter recited, namely, that the same Nicholas ffarrer [et al.], at their own proper pleasure, export and transport out- side this realm of England into the parts across the sea aforesaid whatsoever persons it shall please them, both being subjects of our said lord the King and any other per- sons whatsoever, and rule and govern them at their own proper pleasure both in their journey upon the sea and in the parts across the sea aforesaid, and also that they have liberty, power, and authority, contrary to the laws and statutes of this realm of England, to transport outside this realm of England into the parts across the sea aforesaid all and all kinds of merchandize, goods, and other things whatsoever for- bidden to be transported by the laws and statutes of this realm of England, and also to transport outside this realm of England into the parts across the sea aforesaid all kinds of arms, armaments, instruments of war, gunpowder, victuals, cattle, horses, mares, and all other merchandize and things whatsoever without rendering or pay- ment of subsidy, custom, imposition, or other taxations whatsoever to our said lord the King or to the use of our same lord the King, and that they have to themselves and their successors the ruling and sole government of all persons inhabiting, dwelling, and residing in all those lands, countries, and territories of our said lord the King called Virginia or coming into these parts or trading there, and that they rule and govern the same persons according to the orders and constitutions of that Company, and that they have power and authority to use and exercise, both within the parts across the sea aforesaid and on the high sea, military law whensoever it shall please them, and the matter in the same plea contained, are good and sufficient in law to preclude our lord the King himself from having his information aforesaid asto these liberties, privileges, and franchises against themselves; Which plea, and the matter in the same contained, the same Nicholas ffarrer [et al.] are prepared to verify, where- fore since the same attorney of our said lord the King for our same lord the King does not answer to that plea nor in anywise deny it but altogether refuses to admit that verification thereupon, they seek judgment in this cause, and that they them- selves, the same Nicholas ffarrer [et al.] be dismissed, etc., by the court here as to these liberties, privileges, and franchises.
And the aforesaid Nicholas ffarrer [et al.], by their attorney aforesaid, further say that the plea aforesaid pleaded above in the form aforesaid as to the liberties, priv- ileges, and franchises aforesaid above mentioned and hereafter recited, namely, that the same Nicholas ffarrer [et al.] exact at their own proper pleasure divers sums of money from all persons both subjects of our said lord the King and others trading in those parts across the sea, both not being of their Company and others, and imprison all who shall refuse or neglect to pay the said exactions, and tax and impose fines and amercements at their own proper pleasure upon any persons trading with any merchandize or other things whatsoever in those parts across the sea and imprison the same persons without bail or surety at their own pleasure, and also impose what- soever impositions they please upon merchandize and other things by any person or any persons not being of their aforesaid Company transported or to be transported into the aforesaid parts across the sea outside this realm of England or brought or to be brought from the aforesaid parts across the sea into this realm of England, and take, seize, and retain as irrepleviable the ships and merchandize and other things aforesaid until they themselves are satisfied of the impositions so placed by themselves upon the merchandize and those other things, and the matter in the same plea contained, are good and sufficient in law to preclude our lord the King himself from having his information aforesaid against them, Which plea and the matter therein contained the same Nicholas ffarrer [et al.] are prepared to verify, Wherefore since the same attorney of our said lord the King for our same lord the King does not answer to that plea nor in anywise deny it but altogether refuses to admit that verification thereof, they seek judgment in this cause, and that they themselves, the same Nicholas ffarrer [et al.] be dismissed, etc., by the court here, as to these liberties, privileges, and franchises.
p. 46.
And the aforesaid Nicholas ffarrer [et al.], by their attorney aforesaid, further say that the plea aforesaid pleaded above in the manner and form aforesaid as to having and claiming the aforesaid liberties, privileges, and franchises above mentioned and here after recited, namely, that they have power and authority to swear and examine upon oath whatsoever persons it shall please them in any cause whatsoever touch- ing or concerning the aforesaid plantation or any business whatsoever pertaining to the same plantation, and the matter in the same plea contained, are good and sufficient in law to prevent our lord the King himself from having his aforesaid information as to these liberties, privileges, and franchises against themselves; Which plea, and the matter in the same contained, the same Nicholas ffarrer [et al.] are prepared to verify, Wherefore since the same attorney of our said lord the King for our same lord the King does not answer to that plea nor in any wise deny it but altogether refuses to admit that verification thereof, they seek judgment in this cause, and that they themselves, the same Nicholas ffarrer [et al.] be dismissed, etc., by the court here, as to these liberties, privileges, and franchises.
p. 47.
And because the court of our lord the King here is not yet advised concerning the rendering of his judgment of and upon the premises, a day thereon was given both to the aforesaid Thomas Coventrye, attorney general, who sues, etc., and to the aforesaid Nicholas ffarrer [et al.], before our lord the King to the fifteenth day from the day of Easter, wheresoever, etc., for hearing his judgment thereon, etc., on which fifteenth day of Easter there came before our lord the King at Westminster both the aforesaid Thomas Coventrye, who sues, etc., and the aforesaid Nicholas ffarrer [et al.], by their attorney aforesaid.
And because the court of our lord the King here is not yet advised of his judgment to be returned of and upon the premises a day was given thereon both to the afore- said Thomas Coventrye, who sues, etc., and to the aforesaid Nicholas ffarrer [et al.], before our lord the King on the morrow of Holy Trinity, wheresoever, etc., for hear- ing his judgment thereon, etc., at which morrow of Holy Trinity there came before our lord the King at Westminster both the aforesaid Thomas Coventrye, who sues, etc., and the aforesaid Nicholas ffarrer [et al.], by their attorney aforesaid.
And the same attorney of our said lord the King for our same lord the King seeks judgment, and that the aforesaid Nicholas ffarrer [et al.] be convicted, etc., of the premises by the court here.
Upon there having been seen and understood by the court of our said lord the King here, both the matter in the information aforesaid exhibited by the aforesaid Thomas Coventrye here in court for our lord the King himself and the aforesaid plea of the aforesaid Nicholas ffarrer [et al.], above pleaded by themselves to the information aforesaid, and all and singular the premises, and mature deliberation thereon formerly held, because it seems to the court of our lord the King here that the plea aforesaid of the aforesaid Nicholas ffarrer [et al.], pleaded above in the form aforesaid as to having, using, enjoying, or claiming the liberties, privileges, and franchises aforesaid specified above in the information aforesaid and claimed and vindicated above by their plea aforesaid by the aforesaid Nicholas ffarrer [et al.] is not sufficient in law to preclude our same lord the King from his aforesaid information for the usurpation of the liberties, privileges, and franchises aforesaid, specified in the information afore- said, over our said lord the King, it is considered that the aforesaid Nicholas ffarrer [et al.] be convicted of the usurpation over our said lord the King of all and singular liberties, privileges, and franchises aforesaid specified in the information aforesaid, in manner and form as is alleged above against them by the information aforesaid, and claimed by themselves in the form aforesaid, and that the same liberties, privi- leges, and franchises be now taken and seized into the hands of our said lord the King, and that the aforesaid Nicholas ffarrer [et al.], or any of them, should by no means interfere of and in the aforesaid liberties, privileges, and franchises, but that they and any of them should be excluded from all use and claim of the same and of any of them, and that the aforesaid Nicholas ffarrer, Sir John Danvers, John ffarrer, Thomas Wheatelye, Richard Caswell, Thomas Sheapheard, John Cuffe, Gabriel Barber, Anthony Withers, George Scott, John Kirrell, Thomas Morris, William Webb, Richard Bull, William Nicholls, Patrick Copeland, George Smythe, Richard Tomlyns, Edward Brewster, William Ewens, George Swinehowe, Edward Ryder, Gilbert Morewood and Edmund Morgan, free men and adventurers and planters of the city of London for the first colony in Virginia, and other free men being adven- turers and planters of the city of London for the first colony in Virginia, for the usur- pation of the liberties, privileges, and franchises aforesaid over our said lord the King be taken to satisfy our said lord the King of their fine for the usurpation of these liberties, privileges, and franchises, etc.
liberties to be seised.
p. 48.
The right honorable the Lordes of his Matℯ privie Councell, havinge referre[d] sondrye petycons to vs concerninge Virginia, for examynac̃on whereof wee shall haue necessarye vse of the wrytinges that remayne in a trunke locked vpp vnder the custodye of some one of the Clerkes of the Councell, Wee therefore desyre the nowe Clerke of the Councell waytinge that the saide trunke and key thereof may be Deliuered to this bearer our messenger attendinge §vs§ for this busynes, to the ende wee may returne aunswere of the saide peticons to there honorable Lopℯ
Nouembris 1623 [Signed:]
He: Spyller Fra: Gofton WiLL͠am Pitt Ri: Sutton Henry Bourgchier [Indorsed:] A warrant from the Com̃issioners for Virginea, to deliuer the Tronke of papers. 7th Novr 1623
By the Governor and Capt generall of Virginia.
To all to whom these p̢sentℯ shall come greeting. Whereas the necessitie of the time requireth my absence, for the setling of trade wth some of the neighbouring Savadges in the Bay; and other important occac̃ons, to the end that there be no stopp of any buisines, wch cannot attend my returne; Know yee that I Sr Francis Wyatt Kt.. Governor, and Capt generall of Virginia, do giue & grant full power and absolute authoritie to Capt Francis West, Sr George Yeardley Kt, George Sandis Esquire Treasuror of Virginia, Chr: Davison Secretary, Doctor John Pott, Capt Roger Smith, mr John Pountis Vice Admirall, Counsellors of State in Virginia, or any three of them (whereof Sr George Yeardley or mr Treasuror to be one) to Signe Passes, and war- rantℯ of what kind soeur; to grant letters of Administration; to mak Probate of Willℯ and Testamentℯ; to determine controversies betwixt partie and partie; to see due execution of all Proclamationℯ and Warrantℯ for- merly made and graunted; and in all cases of misdemeanor or otherwise, to inflict vppon such persons as shalbe found delinquent, all such accus- tomed punishment or punishmts (life only exepted) as the lawes of England, and the instrucc̃ons Giuen vs by the Counsell of Virginia in England do prescribe and require (wth due respect notwthstanding to the person and quality of the delinquent): As also to open Letters, directed to the Gov- ernor and Counsell, and make dispatches if occac̃on shalbe; And generally to dispatch all affaires of State, and buissinesses of the Countrie, as effec- tually to all intentℯ and purposes, as if I my self were p̢sent: Strictly chargeing and requiring all persons, of what condic̃on or qualitie soever, now residing, or wch hereafter shall ariue wthin this Colony, to yeild ready obedience, and to be aiding & assisting to them in all things, as they will answer the contrary at theire vttermost perillℯ. Given at James Citty November the xviijth 1623
The great Seale afixed.
Francis Wyatt Chr: Davison Secr: A Commission to the Counsell of State in the Governors absence.
By the Governor and Captaine generall of Virginia.
Whereas Warrantℯ haue beene sent to diurs Plantations, for the levyinge of 10li of Tobacco vppon every thousand plantℯ that haue come to be gath- ered, and a gallon of Corne vppon ev9y barrell of Corne; as also for the levieing of 4li of Tobacco for eu9y laboring man by the poll remaininge aliue at the time of the date of the said Warrantℯ that hath failed to gather 66li of Sassafras according to a former Warrant directed to all Plantations Comanding the same, which warrantℯ haue in diurs Plantations beene disobeyed. These are therefore to giue full power and authoritie to 1
Blank space in MS.
to levy and distreyne (in all the Plantations aboue Flouredieu hundred) for the said 10li of Tobacco and one gallon of Corne, as also for the said 4li of Tobacco. Further chargeing and Comanding all p̱sons residinge wthin the said Plantac̃ons to be aidinge and asisiting and to yeeld ready obedience to the said in the execuc̃on of this Warrant, as they will answer the contrary at theire vttermost perillℯ. Given at James Cittie November the 20th 1623Francis Wyatt Sent to Capt Isack Madison to insert into the blank the name of such officer as he should choose to execute the Warrant.
A warrant to Capt Pierce to levie 300li of Tobacco for ye Fort.
By the Governor and Capt generall of Virginia
Whereas it was Ordered by the Governor and Counsell of State that every 20th man throughout the Colony, should be levied and sent to the Fort wth six months provision of victuall &c, as also that the other nyneteen, should be equaly contributing to the charge. These are to require & Com̃and Capt Will͠m Pierce throughout the Plantations vndr his Comand to levy 300li waight of Tobacco and three barrellℯ of Corne, as also pro- vision of Corne for six months for every 20th man by the poll rateably now remaining aliue, further chargeinge and Comandinge all p̱sons throughout the said Plantac̃ons, to yeeld ready abedience, and to be aidinge and asisting to the said Captaine Will͠m Pierce, in the execution of this War- rant, as they will answer the contrary at theire perillℯ. Given at James Cittie November the 20th 1623
Francis Wyatt
By the Governor and Capt generall of Virginia
Whereas it is ordered by the Governor and Counsell that there should be levied through the Corporation of James Cittie ten poundℯ of Tobacco and one bushell of Corne for every planter and tradesman aboue the age of sixteene yeares aliue at the Cropp (of wch levy only 1500 waight of Tobacco and sixteene barrellℯ of Corne, if it shall amount to so much, is for the Salary of the Minister of the said Corporation for this yeare, and the surplusage (if any be) is to be employed towardℯ the defrayeing of the pub- lique charges of the said Corporation. These are therefore to require and Com̃and Capt Will͠m Peirce to levy the said ten poundℯ of Tobacco and one bushell of Corne accordingly throughout all the Plantations wthin the Corporation of James Cittie. Further Chargeing and Comanding all p̱sons residinge wthin the said Corporation, to be aiding and asistinge to the said Capt Will͠m Pierce in the execuc̃on of this Warrant, as they will answer the contrary at theire perillℯ. Given at James Cittie November the 20th 1623.
Francis Wyatt The like (mutatis mutandis) was graunted to mr Grivell Pooley for ffloure- dieu Hundred, Chaplaines Choise, Jordans Jorney, and Sherley hundred, saue only it was not expressly limited to 1500li because he confidently affirmed it would come to farr lesse.
A warrant for mr Benet for his meanes, By the Governor and Captaine generall of Virginia.
p. 19.
Whereas mr Robert Benet of Wariscoyack marchaunt late deceased is indebted to mr Will͠m Benet Minister of the said Plantation in the sum̃e of 1533 ⅓ poundℯ of Tobacco for his Salary for two yeares: These are there- fore to require and Com̃and John Chew of James Cittie Marchaunt (who hath the managing of all the buisines of the said Robert Benet) to sattisfie and pay vnto the said mr Will͠m Benet the said sum̃e of 1533 ⅓li of Tobacco vppon sight hereof, or appeare before me, and the Counsell of State, to shew cause to the contrary. Given at James Citty November the 20th 1623.
Francis Wyatt.
The Companies for Virginia and the Sum̃er Islands humblie praie
That
Yor Matịe would be pleased to com̃aund that the Com̃ission wch yor Matịe formerly granted vpon complaint of Alderman Johnson &et9 for exam- inac̃on of the misgovernement of the s̄d Companies p̱ticularly in matter of accountℯ, may be proceeded in, either for clearing, or punishing, their actions and p̱sons (wch by these complaintℯ are much blemished), as the truth of matters shall deserue.
That
In the meane time the vnited bodies of the said Companies may stand right in yor Matịes iudgement, and not be equally waighed wth the Oppug- ners, who appeare not to be p̱son aboue 26 p̱sons, and such as haue con- tributed little either by purse or Counsell to that great Plantation.
That
The Companies bookes wthout wch they cannot governe the§ir§ busines, having beene now sequestred ·14· daies, may be restored to them. And that these Companies consisting of neare ·50· Noblemen, 100 Knightℯ & many hundredℯ of Gentlemen, good Merchantℯ & Citizens who haue expended aboue 200m li, in those Plantac̃ons, may be preserued in the rightℯ & priviledges granted them vnder the great Seale by yor Matie, In affiance whereof they vndertooke this great & chargeable worke
[Endorsed:] 1623
Requests of the Virginia Company
A warrant graunted to mr Bolton for his meanes
By the Governor and Capt generall of Virginia
Whereas it is ordered by the Governor and Counsell that mr Bolton min- ister should receiue for his Salarie for this yeare throughout all the Plan- tations at ye Eastern Shore 10lb of Tobacco and one bushell of Corne, for every Planter and Tradesman aboue the age of sixteene yeares aliue at the Cropp. These are to require Capt Will͠m Eps (Comander of the said Plantations) to cause the said 10lb of Tobacco & one bushell of Corne to be levied accordingly throughout all the said Plantations Chargeing and Comanding all p̱sons there residinge to yeeld ready obedience, and to be aiding and asisting vnto the said Capt Will͠m Eps in the execuc̃on of this Warrant as they will answer the contrary at theire perillℯ. Given at James Cittie November the 21th 1623.
Francis Wyatt.
[The order of the Privy Council for return of the Company's books, November 21, 1623, is printed in Acts of the Privy Council, Colonial, I, pp. 72–73.]
Sr yu give me often cause to iterate my thanks, for you care of my busines. I have written to yu in a letter apart, touching the rumor of my debts: wch I pray yu speedily communicate to so manie of my assured frends as yu shall think fit, Mr Keightley, Mr Barbor, Mr Wheatley, & if yu please Sr John Dāvers, & som others: who I trust will control that false rumor where they meet it. It is plain that it wrought on the Knight at Fan- church: And I conceive H. H. was made the instrument. It would much trowble me that it should woork also on my frend G. B. then whom I thought I could have none more assured. Neither will I think otherwise till I heare from himself: wch as yet I have not §doon§ this Term. And till then I forbeare my answer to yor brother Nicolas: wch I presume he will not misconceive of. It were hard & not discreet, to presse a man necessarily absent, to pay in all his debts on a sodain: wch beeing impossible, must break out into mischief. And verily an enimie, were better then such a suretie: But I will never interpret an hastie woord to his woorst. There shall no man sustain losse by me, nor trowble by suit: Of this be assured: Neither will I use credit longer, then of necessitie.
And now to my busines. The 22l.. wch yu have received from the Pordages, is to be thus disposed of: Fortie shillings to yor self, for the half moneth over: §&§ the 20l.. to yor mother, wth an addition of 10l.. more from Mr Kay: who (I speak it to yor self only,) hath had my money in his hands a good while, & som of it (viz 51l..) these 4 moneths: a parcell not yet by him acknowledged: But so much I perceive, both by my Receivor Mr Hardwick, & my Bailie Richard Waind, in their severall letters. The provision wch I made was timelie enough: I needed not have trowbled anie man, had I been delt wth as was fit. The next payment is of my Bond to Sr Nicolas Tufton, for 207l.. 10s.. on the 24th of this moneth: wch must needs be discharged: for so I promised. But his use of the monie is not till the last of the Term. Toward this, after the 10l.. paid to yor mother, there wilbe in Mr Kays hands of the 250l.. paid to him this Term by Mr Hardwick, but—118l.. 3s.. 4d.. Then that other 51l.., paid §at York§ to his use in the beginning of August last, I presume he will not denie. In Mr Cuffs hands of 30l.. 12s.. 6d.. wch he received of my Rents, there is now remaining only 3l.. 3s.. 9d.. And thus much is readie: wch cometh in the whole to—172l.. 7s.. 1d.. wch wanteth of the due Sum 35l.. 2s.. 11d.. Toward this there is 20l.. in the Town allreadie, sent up by one Mr Binks: who hath written to me that in the end of the Term, he wilbe there himself wth the Rest of my monie due from his charge: wch I count cannot come to so little as 30l.. more: There is also now with me one Mr W. Kay my Tenant, who is indebted to me very neer 100l..: toward wch he hath brought up about 80. firkins of Butter: the proceed whereof in monie is to be for mee. I am also written to very confidently, that Sr Ed: Stanhops Rent of 40l.. 6s.. 8d.. wilbe paid there this Term. And wch I had before forgot; there is remaining in Mr Hardwicks hand, wch he writeth shalbe readie 6l.. 4s.. All wch put together, (& I make no great dowt but within these Ten days it will all, or very neer all come in;) would beside that Bond, discharge also my other bond of 103l.. 12s.. to Sr Nicolas Tufton, due on the 26th of this moneth: & also my interest of 27l.. to Mr Abdie & Mr Godscall: wch is all that this Term I desire to pay: My Baylies also advertize me, that there wilbe paid in at York, in the end of this moneth to be returned to Mr Ro Ray 160l.. more or thereabout. So that had I but a frend there, who could & would spare me so much for the tyme as to make up those paiments, it should be thankfully requited wth the *one of dowble as much more for a tyme as long, or else wth the interest as the partie should desire. The cares of these particulars I have divided to som other of my frends, Mr Barbor, & Mr Cuffe: yet it contenteth me also that I have likewise imparted them to yu.. who I knowe are desirous that all my busines should prosper, & wilbe assisting wth yor good woord & encouragement.
I am hartily glad of the good nues from Virginia I beseech God to looke upon them wth the eyes of his favor & grace. So wth hartiest salutation, I betake yu to the Tuition of the Highest, & rest
Yors most assured
Edwin Sandys
Northborn
22. Novemb.: 1623.
Because nothing shall divert for my paiments to Sr Nicolas Tufton: &
on the Six & Twentith of this moneth, there wilbe interest nine pounds
interest due to Mr Godscall wch by no meanes may be delayed, I have
sent yu up another letter to the Pordages for that Sum: whereof my
Tenant assureth me they will not faile at the Day: Good Mr Ferrar send
it to them wth speed: & desire Mr Cuffe to see the monie §duely§ paid
to Mr Godscall. Adieu
[Endorsed (by J D?):] Sr Edwin Sandys from Northborn the 22th of Nouem-
ber 1623.
[Addressed by Sandys:] To my very assured frend Mr John Ferrar at his
House in St Sithes Lane in London.
By the Governor and Capt generall of Virginia
Whereas ther was a warrent granted for the leveing of tenn pounds of Tobacco ouer eu9ie thousand plants an one Barrell of Corne of eu9ie Barrell growing at Elza: citty and the payment therof hath bin neglected by diuers persons, These are to atho authorize Capt Wm: Tucker Com- aunder of Elsabeth Citty to distreyne one the goods of any person or p̱sons whatsoeu9 inhabiting in Elzabeth Citty aforesd that shall deney the payments therof. Giuen at Elza: Citty the seauen and twentith day of Nouember 1623.
Francis Wyatt.
Printed from the printed text in the American Historical Review, XIX, pp. 560–578.
Before December 7, 1623A FORME OF POLISIE TO PLANTE AND GOVERNE MANY FAMILIES IN VIRGINEA, SOE AS IT SHALL NATURALLY DEPEND ONE THE SOVERAIGNETYE OF ENGLAND.
Whereas we aswell by our Letters Patentes beareing date at Westminster the 10th daye of April in the 4th yeare of our raigne, as by diverse other Letters Patentes since that time graunted, have given licence unto diverse of our loveing subjectes named in those severall Pat- entes, to conduce and conduct severell coloneys of our loveing subjectes to abide in America, within 34 and 45 degrees of the equinoctiall, with diverse preheminences, liberties, and au- thorities as by the sayde Patentes appeareth, And whereas wee knoweing this derived author- itie from us, to bee the efficient cause and the speciall meanes wheareby wee shall attayne the endes proposed to ourselfe for the undertakeing of the sayde plantacions, did give likewise to- geather with our first Patent certayne Articles and Instructions, theareby settleing downe our forme of government for the governeing of the sayde severall plantacions fitted at that time to those poore beginninges, and promiseing farther that as the Plantacion should encrease within the degrees aforesayde, Wee, our heires or successours, would ordayne such farther instruc- tions, lawes, constitutions, and ordinances, for the better rule, order and governement of such as shall make plantacion theare as to us our heires and successours shall from time to time bee thought fitt and convenient, limiteing our selves onely to frame them in substance conso- nant to the Lawes of England
(1) This preamble, be- inge the difinicion of that wee intend to doe and framed to the attaineing of our last end, wee maie terme the contract of this our marriage, whereof I have wrytten a treatice handling everie worde of it, and shewinge that the object (to witt) To plant and governe and the subject manie fam- ilies in Virginea, and the end to which the efficient, that is this pattent and authority wee have from the kinge, should bee or- dained, which is to cause the plantacion naturally to depend on the sovoragnenitye of England. Theis being the esscentiall and for- mall differences, I hould the worke to bee truelie defyned. Yf then the end bee it that must teach us the meanes to conduce to it, and that the right ordaineinge of the effi- cient bee the principall meanes to attaine our end, then the question wilbe quicklie descyded whether it bee not better to authorize one sett forme of govern- ment both heare and in Virginia framed to the attaineing of our end, and soe leave the lawes to bee ordained accord- inge to that forme, or ells that the adventur- ours here should give lawes and government by populer voyces to the planters in Virginia as if they were their tenantes or servantes. The said planters being aswell free subjects to the kinge, those that venture theire lives aswell as theire goodes, and those that must hould the plantacion to England, if Aristotle's rule houlde that, that right which works most to the attaineing of the politick End must be preferred, this question is by it descyded see the word polycy.
And whereas wee have since contrarie to our first proceedeinges beene induced by severall Letters Patentes dated ... to ordayne and institute severall orders of governementes, in our southerne and northerne plantacions now tearmed Virginea and New England, therein applieing our selves to the desires (and as wee feare the private endes) of the adventurers heare, which layeing the groundes of their governement accordeing to their private interest and severall joyntestockes, have governed our free subjectes in Virginiea as if they were their servauntes, Wee knoweing thearefore, that thease severall formes of governementes doe breede distractions, as well amongst the adventurers heare, as our loveing subjectes the personall planters, and understandeing that the joynte- stockes of the Southerne Plantacion (whereon their governement heare by voices was founded) is now spent and gone, and the plantacion dothe subsist onely of the ould planters now made free of severall private collonies, planted by Patentees, and of diverse publique servauntes, planted by the Collections and Lotteries,
And that the plantacion is now soe strong that it is able to defend it selfe and fitt to put one the face of a commonwealth, Wee (being the politicke father of the whole and not lookeing one [on] particulars in respect of it) considering and knoweing that the perfection and happi- nesse of a commonwealth, lyeth not soe much in the spaciousnesse of it, but first and principally in the governement, consisteing in the mutuall duties of commandeing and obeyeing, next in possessing thinges plentifully, necessarie for the life of man, doe professe that next and im- mediately after the honour wee shall doe to God in converteing of the infidells to the knowl- edge and worshippe of Him, we intend wholely the good of our subjects: first to the planters and adventurers, then to the planted, which wee would have soe cherished that they may prove planters themselves, and to that end endeavoureing to cause both England and Virginea, to endowe each other with their benefittes and profittes that theareby layeing aside force and our coactive power, wee may by our justice and bountie marrye and combinde those our provinces to us and our soveraignetye in naturall love and obedience, Wee will make this marriage our politicke and last end, to teach us what are the meanes that conduce to it, and to give both measure order and end to them. To which purpose not suffering any one to growe to greate, for feare of shaddoweing and hindering the rayes of our Majestie to shine over all, Wee will give to each planter advaunce- ment in the governement, accordeing as hee shall give farthorance thereto. In regard thearefore this our soveraigne and uniteing power (and the facullties theareof takeing theire roote from our majestie in England) is to spread it selfe amongst many aswell differing in condition as severed in distance and place, Wee (findeing that nothing canne reduce this many into one againe but forme) doe ordayne one setled and imoveable forme, to governe all the plantacions within the degrees aforesayde, which forme being maturely deliberated, ever one and the same, soe as wholely intendeing the end, it shall worke noething but good theareto, wheareby yt shall not onely serve as a medicine to cure all the malig- nities that the plantacion doth naturally bring with it, by reason of the distance of the place, but it shall alsoe by waye of right and interest procure us apt instrumentes for the form to worke by, and prepare matter of apt condition for it to worke one [on], soe farr forth, as if wee laye the forme aright, to matter soe capeable of it, wee may conclude that the properties of the forme must of necessitie followe. The matter thearefore whereone our forme must worke being the people and the place, which are to bee distinguished and divided, and our soveraigne faculties limited to them by funda- mentall lawes and order, Wee will first give lawes and order to the people and then we will appoynte them their places, fortifiecations, and manner of spreadeing.
The reasons why this force is not to bee used is sett downe in the treatice of Difinitio chap.—
The tretyse on the word Remidys.
The reason why the forces and soveraigne faculties should not bee put into one hand, reade the said treatice uppon the words Governe and forme.
Reade the treatice up- pon the word Policie.
Theis bee the true prop- erties of the efficient cause, which in our case will onelie bee effected by a settled forme that must prepaire apt in- strumentes and matter of apt condicion for it to worke on, perticuler formes being united and determined by theire certaine perticuler mat- ter, see the treatice on the word forme.
First thearefore that God maie the better give a blesseing to our endeavours, wee doe strictely charge and commaund all our presidentes, councelles, magistrates, patriotes, governors, and ministers within our sayde severall collonies, respectively within their severall limittes and pre- cinctes, that they with all diligent care and respecet, doe provide that the true word and serv- ice of God and Christian faith bee preached planted and used, not onely within everie the sayde severall collonies, but alsoe as much as they may amongst the savage people, which doe or shall adjoyne unto them, and border uppon them, accordeing to the doctrine, rightes, religion, and eclesiasticall forme of governement now professed and established in England.
And because wee knowe that where Moses and Aaron agree not there religion will not onely bee scandalled but the soveraignetye must needes goe to wracke, therefore wee doe ordayne that whoesoever hee shall bee that shall refuse to bee governed by our eclesiasticall government estab- lished, he shall bee heald and esteemed as a resister of our soveraigne power, commaundeing all our administers of justice, whome it shall concerne, not to suffer any person or persons to remaine or abide within our sayde plantacions, whoe shall professe any doctrine contrarie to oures, or shall attempt to withdrawe any of our people inhabiteing or which shall inhabite within any of the sayde colonies and plantacions (or any of the naturalls bordering one them) from the same governement or from their due alle- geance to us our heires and successours, which persons soe often offendeing shall bee aprehended and imprisoned, untill hee shall throughly re- forme himselfe or otherwise where the cause shall require it be banished Virginea and sent to England heare to receave condigne punishment, for his or their offence or offences.
And because wee are informed that some of the former governores both heare and in Virginea have contrarie to their patent, and our Royall instructions which tyed them to make their lawes consonant to the lawes of England, framed and caused to bee printed a certayne tyrannicall booke of governement, which being sent into Virginea, and noe other supplies of foode or apparrell sent either with them or within 3 or 4 yeares after them, wheareby many of you our subjectes, being forced to breake them for wante of foode and necessaries have misereablely lost their lives or bene brought into slaverie, and whereas this giveing life to lawes is one of the highest poyntes of our soveraignetye given us from God to benifitte not to destroye our sub- jectes, wee shall hould our selfe guiltie of the injurie done if wee should not see it extreemely punished. And this being done in the face of our majestie what may wee hope for soe farr of [off] if it bee not narrowely looked unto. Being therfore most jealous of our honour in that kinde, wee doe straightely chardge and commaund that noe instrument of our soveraigne power shall dare to encroach uppon any parte of our soveraignety, further then they shall bee war- ranted by the councell of state, or by thease our orders and lawes now sett downe, uppon payne of hightreason. And to the end this lawe shall bee the more strictely kept wee will give the goodes of such offendoers to the publique treasurie makeing the publicke both judge and jurie of this offence as will after appeare.
Moreover because wee are fullye perswaided that wee canne noe waye better attayne unto thease our end designed then by planteing of many private colonies, severed by distance and place, Wee therefore doe especially chargde, commaund and ordayne that all planters of what condition soever they bee, shall enter their names and subject themselves under the government of some one coloneye or other, to bee governed accordeing to the rules and orders by us now sett downe uppon payne of being taken for rebbels and outlawes.
And wee doe further charge and commaund all our presidentes, councelles and magistrates, within their jurisdictions, that onely the offences of tumultes, rebellions, conspiracies, mutinies and seditions, such as shall come to that hight, that they shall prove dangerous to the state theare, togeather with murders, manslaughters, incest, rapes, and adulteries, togeather with such offences as wee by thease our lawes and orders, shall make fellonie or treason, to bee committed in those partes within the precinct of the degrees before mentioned, and noe other offences, shall bee punished by death without the benifitte of clergie, except in the cause of manslaughter in which clergie is to be allowed.
It followeth now that we sett downe thease our orders, degrees of councellers, magistrates, gov- ernors, and all under officers belongeing to this our forme, which falls out, first to devide all our adventureours into two orders, severing such as are free of our soyle and trade onely, from them that are citizens and free of our governe- ment.
This severing our de- grees accordinge as every one appropriates his freedome to him- selfe fundamentally by purchase must naturally take awaye all conten- tion aswell for equall liberty as for riches and consequently lottes founded on a rethmeti- call equallytie, for every one will labour to main- taine the propriety of his freedome in his de- gree according to his right as well as his goodes and landes. And Cicero in his Offices saith that thoughe by the instinct of nature, men were drawne into sotiable assemblies, yet the better to save the propriety of their goodes was the funda- mentall end that made them fynde out heades, governours, and presi- dentes of citties, the mouthe of equall lib- ertye therefore must needes bee stopped, and this maintenance of theire degrees will im- moveably fixe the forme of the collonie, and it will bee a greater greife for anie cittizen to have a note of ignomynrie layed uppon him to bee suspended from his de- gree, or suncke a degree lower than it was by the lawes in printe to bee burnte throughe the tongue, whipt or made gallislaves, by this meanes we maie avoyde all corporall punishement for free- men except it bee where the case deserves death, and this will breede in the planters the more noble spirittes.
Of the first order there are likewise 2 sortes, servauntes that haveing served out their time, and tenauntes that have estates in dependensie of their masters and landlordes, togeather with freedome of trade, but have noe shares.
The second sorte are such, whoe goeing one [on] their owne charges they gayne a share, and like- wise freedome of trade but are not citiezens till they have not [?] carryed over 2 men.
The second order of adventurers are such whoe appropriateing unto themselves their freedome, their landes and their degrees by purchase, they communicate either in the choice or participa- tion of councells and magistracies and them wee call our citiezens devideing them into 5 degrees.
The first degree is the patriot or patrition, they are such as are first named patentees in the particular plantacions of colonies, cities, and corporations, thease shall bee such as haveing good estates in England they shall carrie or drawe over with them to the number of 300 men as their parteners and adherences of whome they must bee protectors and for whose good abeare- ing they must bee pledges.
The second degree are such as are admitted to bee of the order of governors by the patriot, whose name being joyned in the patent, the power of cheife governeing those colonies, if they bee thereunto elected shall be graunted unto them. Thease must likewise have estates in England either in land, or money in banke, and they must carrie over, or send, as many men, as the patrition of the colonie and they canne agree to have their names soe put in. The patrition may alsoe at any time after admitte as many into the colonie as hee please, they bringeing men to him to encrease his colonie.
The 3rd. degree are such as shall bee maiores and aldermen in the foresayde citties and corpora- cions, and they shall carrie over sixe men.
The 4th. degree shall bee common councellors, and they shall carrie over foure men.
The 5th. degree are commoners, and they shall carrie over two men.
And if any one shall committe any act wheareby his life and goodes shall bee forfeited to us, though his life bee pardoned hee shall bee suspended from his degree till hee hath brought over a certayne number of men, accordeing to the quallitie of his first degree, to restore him to his sayde degree agayne.
Moreover wee ordayne that of all thease 5 degrees, the eldest sonne onely shall bee of his fathers degree and the younger shall bee of the degree belowe it except they canne rayse them- selves by carrieing of of men.
And further wee ordayne that the meanest servaunt that goeth (God soe blesseing him and his endeavours, that hee canne purchase and [an] estate in England or compasse to carrie over or drawe over with him of his friendes and adherences the number of 300 men) he may become a lord patriot which is the greatest place the commonwealth canne beare.
Now for the choice and election of our officers, magistrates and governours, wee must beginne at the lowermost degree, sc: the commoners that carrie over 2 men they shall choose out of them- selves the burrowehoulders, surveyours of the high wayes, and such like officers. And out of them that carrie foure men they shall like- wise choose their common councellers, church- wardens and such like officers. The common councellers shall choose their aldermen and shreiffe out of them that carrie 6 men. The aldermen shall have a maior by turnes except some greate disabillitie happeneth and then the next in turne shall be maior. The Maior and aldermen shall choose their governour either out of them that bee admitted to bee of the order of governours by the patrition, or the patrition himselfe. The maior and aldermen alsoe of [each] severall corporation shall have power to choose out of their corporation one of the order of governours or the patrition himselfe to bee of the provinciall councell, which councell being all chosen out of the patritions and the order of governoures in everie province, and consisteing of 5, 7, 9, 11, 13, or 15, they shall have a monethly president by turnes, whoe haveing 2 voices, hee shall for his moneth call and breake of [off] all assemblies, and untill the councell of union bee compleate, wee give them the same power, which wee doe give to our sayde councell of union, makeing all theire decrees to stand as lawe, till they are disanulled by us, by the gen- erall parliament in Virginea or by the sayd councell of union, when it shall bee compleate and in force, accordeing to our order now sett downe.
This riseinge order, the lowermost orders chooseing their govern- ours out of the upper- moste, will necessarilie suppresse popular lib- ertie and keepe the soveraigne faculties and the commaund of the forces aloft in these feof- fees handes that our forme shall put them, soe as frameinge all the un- der degrees in a depend- ensye on the heades of the colonies, whose or- der haveinge the same authoritye, nomber of forces, manner of seate- ing and fortifying each one of them that the other hath, whereby they wilbee brought to an equallitie. Theire jealousye one of each other will by maintaine- ing that equalitye keepe anie one either from usurpinge further au- thoritie or by increase- inge the strength and nomber of his colonie then our forme doth give him, and thus the com- onweale consisting of the persons not of the place, wee by gaineing the affections of theis in- strumentes by theire private intresses and es- tates in England, give- ing them such sufficient power as shall make it a commonwealth able to maintaine it selfe by itselfe soe farre forthe onely as it shalbee un- yted by us their sover- aigne. Soe frameinge the government that it shall give all men both liberty and meanes of riseinge to the greatest places and honours therein, whereby they will receave such con- tent that they will all strive to maintaine it in the same forme wee shall now settle it, wee maye for theis reasons give them the elections of their owne governors, at which all free sub- jectes doe naturally de- sire.
This councell of union being the most soveraigne councell wee will tearme a Syncretisme or councell of union with the councell of England and this councell shall bee chosen onely out of the patriotes of everie province, by a component number of electours chosen out of the order of governoures which are not patritions, one out of everie particular corporation, which electors shall bee chosen by the maior and aldermen the major haveing the casteing voice, and thease electoures shall choose, 4, 3, 2, or 1, out of everie province as necessitie shall require. This coun- cell shall have 3 monethly presidentes, by alternate changes which untill wee have councellers wee will shew the manner of it by letters thus
abc | aec | ahc | alc | aoc | acf | abo | abf | abi | ahm | apb | abd |
def | dhf | dlf | dof | dbf | deb | dfg | dei | dem | dep | dec | deh |
ghi | gli | goi | gbi | gei | gim | ghe | ghm | glp | gbi | gbf | ghk |
klm | kom | kbm | kem | khm | klh | kmp | klp | khc | klf | kli | kmi |
nop | npb | ncp | nhp | nlp | nep | nel | noc | nof | noi | nom | noa |
Thus the councell being of 15teens, if you order them in this sorte the same 3 men shall not in 5 yeares space meete togeather to bee presidentes, whereas if they were to take their circularie courses, without changes, they should meete once everie 5 moneths
The groundes and rea- sons of theis severall counsells why wee make three presidentes of this Syncretisme or councell of union, and why they take their courses by changes according to theis letteres sett downe are theis. Genoa hath three presidentes, soe likewise had Marcelles which is commended by Cicero to be the best commonwealthe that was in his time, in the worlde. Wee nominate them monethely, be- cause offices of greate power amongst equalls must not contynuelonge, and the shorter they are the lesse they maie enter- prize against the state. Arist. pol. li. 2 et 3. Wee give them theire turnes because mutuall preferment equally be- stowed by turnes dothe preserve and defend citties and common- weales; Arist. pol. li. 2. Three presydentes be- cause of the odd nom- ber, three is beste, two beinge as much in pro- porcion to one as 8 is to 4, soe as althoughe to dispute and trye and ex- amine a cause, the even nomber is to bee pre- ferred before the odde, yett to conclude and give sentence the nom- ber of 3 imployes by necessitye a concludeing of it, either all 3 con- senting to it, or ells two to one, which is suffi- ciente authoritye to car- rie the cause in question. This fault therefore that is not unjustly laid up- pon arristocracies that they are two longe a determyneinge the busy- nes of the common wealthe, whereby the monarchall forme is farre preferred before it, will by this meanes be taken awaye, this nom- ber of 3 addinge more authoritie to the decree then the voice of one doth, that was not for nothinge that there was sixe severall magistrates in Rome at one tyme consisting of Tryumbers. Reade in the booke termed the jeometricall motion, to which I re- ferre them that desire to bee better instructed herein.
This allowance and lym- itacion of a dictatour is onely in cases of ne- cessytie because des- perate diseases must have desperate reami- dies, poysons expeling poysons when the body of the state and coun- cell is rent and torne in peices into factions which deades and de- stroyes the power of it, when the armye abroade mutynies or is distressed by being invyroned, be- seiged or caught in some straight, then and not tell then must it be cured with this onely and extreamest last healpe of nameing a dictatour, whose word governing all, the mag- istracies being sup- pressed, the lawes made sylent, hee must not bee called to an accoumpt for anie thing hee shall doe, by the councell there. Thus the sworde beeinge put into the handes of some one brave and austeare co- maunder, whoe resolves and executes at an in- stant wee cannot expect that the resolucions that come from a councell can bee soe suddaine, nor cann the councell execute ought but by such an instrument no more then the head can worke withoute handes, but this wee must bee sure of, that he that is soe chosen must bee well affected to the state heare, he must bee an austeare gover- nour, whome the people are afraide of, his time lymitted must not bee too longe.
The presidentes being thus ordered their 3 voices or two of them shall conclude all causes that shall bee controverted by equall voices and not con- cluded in the bodie of the councell, the eldest counceller of which presidentes shall summon and breake upp all assemblies, the number of this councell must bee 7, 9, 11, 13 or 15 at the most but in the minoritie of the plantacion 3 may serve without any presidentes, the elder counceller of the 3 to summon and breake of [off] the assemblies.
And our will and pleasure is that (besides the oath of our supremacie which all our subjectes there shall be sworne to once everie yeare at the least) there shall bee a particular oath framed, for all thease councells to take, viz: that all their decrees shall bee made aswell for the uniteing of Virginea to the crowne of England as for the combindeing of the members to the whole, and that they will to their uttermost power en- deavour to prevent all usurpation of encroach- ment uppon our soveraigne authoritie whatso- ever. Reserveing therefore to ourselfe our most high absolute and perpetuall power of com- maundeing and controuleing all, that thereby our commissions and writtes of justice may spread themselves over everie person, and in everie place through our whole dominions there, we doe graunt that this soveraigne councell, shall have authoritie to unite in commaund, and to appoynte the number of the forces, puteing the power of commaundeing them into one of our marshalls handes as cheife, to all by turnes, or to each one severally as occasion shall require, giveing them our sayde councell likewise au- thoritie to proclaime warre and make peace with the naturalls of the cuntrie, to taxe tributes as- well for a treasurie for England as for Virginea, to dispose of the treasurie in Virginea as the councell in England have of the treasurie in Eng- land, To make contractes with the king or com- panie in England and consenteing with them accordeingly to rate the prizes of comodities, which shall bee sent hither or thither, to ap- poynte the places where the forces and colonies shall bee planted, to condemne and pardon, to banish, to confiscate, to proscribe accordeing to the laws ordayned, To call magistrates and governours to accompt, and in case of necessitie limiteing his time shorte and the place certayne to institute any one man that shall have soveraigne power as the dictatoures in Rome, and all this their authoritie and all thinges they have done theareby shall bee firme and of force till it be disanulled by us and our councell in England. This councell of union cannot be compleate, till there bee 3 provinces. In the meane time the provinciall councell shall serve the turne, wee giveing them the sayde authoritie to excercise and use within their owne provinces.
Now in regard the active and groweing quallitie lyeth in the well foundeing of private families, and collonies, wee (as a spurre to industrie, sheweing that the heades of thease colonies are sparkes derived from our hereditorie monarchie) doe give and graunte unto them and their heires for ever, the hereditorie commaund of the soveraigne forces, limiteing them to use them onely in their owne collonies and in the wastes adjoyneing to them, except they bee authorized to use them farther by the soveraigne councell of union, and to the end they shall onely em- ploye this our sword and forces to the sup- porteing of our soveraignetye and the maine- tenaunce of our justice theare, Wee will give them for the reward of their service thease titles and honoures followeing. The degree it selfe because wee cannot give them better names, they shall bee called Patriotes or patritions, when they are 300 strong and planted abroade then shall they bee tearmed knightes patriotes with the title of Sir. When they have attayned to bee 600 strong, at which number wee (in- tendeing everie planter and servaunt to bee the father of a familie) doe stente the colonies that they shall not exceede above soe many families (or that anoether colonie hath issued out of them) our will and pleasure is that their sonnes and heires shall bee then knightes patriotes and they themselves shall bee Barrons and tearmed lord patriotes, their wifes and other children takeing their honoures and places accordeingly. In time of peace they shall bee and have the authoritie of our leiuetenauntes of sheires in England, to appoynte the commaunders of our men at armes, see them trayned, to looke to their armes and watches. In time of warre they shall bee charged with what number of men the councell of state shall thinke fitt.
The patriot must bee allowed his leiuetenaunt aswell in cases of disabillitie, by nonage or im- potencie, or in their abscence either about the busines of the state theare, or about their private busienes in England, but these leiueten- auntes shall bee chosen by the order of aldermen out of the order of governoures the better to give the sayde order of aldermen content.
And whereas the patriotes are the principalest ringleaders and greatest adventurers, which carrie and drawe with them their freindes, kindred, followers and adherence out of their naturall countrie to a place soe farr remoate, to be protected governed and cherished by them, Wee doe there- fore will and commaund all our sayde patriotes, loveingly carefully and cheerefully to performe this their trust. And wee doe ordayne that after admonition for being churlelish and negligent in that kinde, they shall bee noted with a note of ignominie, if they shall not endeavour the helpeing and protecteing any of their foresayde adherence, by all lawfull meanes they may, and this wee charge as well all our presidentes councells and marshalls to looke carefully unto, the rather to drawe the Indyans to the like dependencye.
And wee doe further ordayne that from the time that the patriot shall bee planted abroade, his estate of inheritance in England, togeather with his honoures titles and inheritance in Virginea, shall bee soe united and made one to him and his heires that he shall not sell the one without the other, and that sale to bee made by the consent of our councell of union in Vir- ginea and our Virginea councell in England, or the most parte of them meeteing at their generall courtes and not otherwise. And if it happen that the patriot doe dye leaveing noe heire male of his name then shall it goe to the female and their heires. And the eldest daughter of the patrition, and the heires that shall challenge by the female side and their children shall beare the patriotes sirname, if they will inherite the sayde honoures and landes, which if they shall refuze that then the nexte of the kinde either by the father and then of the mothers side, takeing the patriotes adopted sirname shall enjoye the sayde inheritance.
And because wee knowe howe dangerous it will bee to the state to suffer thease greate honoures and inheritances, to bee conjoyned either by com- binations, leagues, and marriages, wheareby some one familie may growe monsterous in the state, thearefore wee doe establish and ordayne that noe person planteing or inhabiteing within any of our provinces within the degrees aforesayde shall make any leagues, combynacions or contractes either by worde or writeing, or confirmeing them by oaths, offensive or defensive, to the mainetenaunce of any faction whatsoever, uppon payne of forfeiteing their goodes and lives as fellons, and to prevente the combindeing and conjoyneing of thease honoures in one house by marriage wee doe further ordayne that such eldest daughter or heire female as shall marrie with any patriott, or the heire of a patriott, shall disinable herselfe from inherriteing her fathers or predecessours patriotshippe thereby, except shee marryeing of a husband soe inamored with her that he shall sell or give away his owne partiotshippe and soe shall take the sirname of his wifes auncester, he may by that meanes inable himselfe to inherite her honoures and estate and soe by marryeing the inheritrix of the patriot, hee will bee accompted a kinde husband, and that will be his portion. The principall intent of frameing this lawe being that noe one subject shall either by purchase or any other meanes unite the forces, theareby to inable himselfe to bee stronger then any of his order.
But to the end that love may bee mayntayned, and that theise degrees may not estrange the upper orders from the lower, wee wish that the heires and eldest sonnes of the upper orders may marrie with the daughters of the lower orders, soe to rayse their wives fortunes. And that the daughteres of of the upper orders being heires may marrye with the sonnes of the lower orders, makeing choice of the most vertuous, soe as vertue may advance both men and woemen to marriages, and that all degrees may bee thereby bound togeather in the bonde of love that none may be scorned but the scorner.
To this end alsoe, although wee would not have you imitate the Irish in their wilde and barbarous maners, yet wee will commend one custome of theires unto you, which is that the poorer sorte sueing to gett the nurse- ing of the children of the lordes and gentrie, and breedeing upp in their minoritie as their owne, this breedeing, together with their custome, doth begett anoether nature in them to love their foster children and brethren, as if they were naturally bread of the same parentes, and they are accompted most vile and base that shall neglect any good oportunitie to shew their thankefulnesse and love thus begotten and bread betweene the riche and poore.
And because wee will give all furtherance of the spreadeing of thease newe collonies wee doe thearefore ordayne and appoynte that all such ser- vauntes that shall be carried at the carge [charge] of any adventurer or planter, both those servauntes that are soe carryed over and their ser- vauntes, with their servauntes servauntes, shall bee tyed to plante in consorteshippe with their first masters, and shall rise and remove with them to plant a newe colonie when their foresayde masters shall bee enabled by our forme thereunto. which shall bee after hee hath gayned and [an] estate in England and is able to drawe over or carrie with him 300 men, leaveing the collonie hee was first planted in 300 strong or up- wardes.
The next magistracie is the governour, him wee ordayne after the death of the first patriott to bee annuall by election, but dureing the life of the first patriott hee shall bee governour and afterwardes his heires shall bee honoured as head of that order but shall not governe unlesse hee bee theareunto chosen. The governours charge shall bee to see the lawes, decrees and orders aswell in the publique governement of the colonie as in the private families observed. hee shall controlle all men for breach of manners and discipline, first giveing them private admonition and afterwardes publique if they perscever in their misdemeanour. Hee togeather [with] the maior, the shreife, the churchwarden, and one commoner chosen by the rest of the commoners, the governour haveing the casteing voice, they shall have power to indite for breach of lawes, and to suspend from degrees for breach [of] manners accordeing as in their discretion shall be thought meete.
The next order that wee ordayne is the maior and aldermen, togeather with the shreife, all which 3 orders in matters of triall of life and death, wee ordayne that they shall bee tryed either by the councell of state or the provinciall councell, the jurie that tryeth them being to bee of their owne ranke and order, and in case where there are not soe many to bee founde, they shall bee supplied out of the order and ranke next beneath them.
And wee doe give as well to our provinciall councell as to this degree and order the jurisdiction over all persons and degrees under their order, they haveing some one learned in the law to direct them. And wee doe ordayne that both our sayde severall councells and the sayde maiour and aldermen, shall have full power and authoritie in theire jurisdictions to heare and determine as well all capitoll as criminall causes, which in the precinctes of their severall colonies or corporacions in manner and forme followeing (that is to saye) by twelve honest and indifferent persons, as neere as canne bee of the plaintifes and defendantes rankes and orders, then the sayde juries to bee chosen indifferently out of both their orders, which juries are to be returned by the marshalls, for the provinciall councell, and by the shreifes for trialls in corporations, thease jurours being sworne uppon the evangelist shall accordeing to their evidence to bee given unto them uppon oath, and accordeing to the trueth in their consciences either convicte or acquitte the persons accused and tryed by them, or shall trie causes for matter of right, betwene the plaintife and defendaunt, guided by their consciences and by evidence one oath delivered to them, wee giveing authoritie to the provinciall councell and to the maiour and alder- men, in either of their jurisdictions respectively to repreeve and put of [off] execution of any one adjudged to dye, but wee will graunte noe power to pardon death, to any but to our greate Councell of State.
Furthermore for the ordering of our under orders in thease our corporations wee doe ordayne that everie alderman shall have his severall warde devided to them accordeing as their number of citiezens encrease, and everie one must have a common counceller under him as a deputie whoe must ap- poynte under them everie tenne men a taskemaster chosen out of the commoners, or of the best laboureers, thease must worke in the head of their file, and giveing them good example must direct and over see them. And the taskemasters and common councellers must weekely relate to the governoures, whoe loytereth and whoe taketh paynes, and they must be rewarded or punished accordeingly. Thease taskemasters and common councellers in their wardes, must alsoe take care of all sicke persons, and they must complaine of masters that abuse their servauntes, in suffering them to want either foode or apparrell. All thease thinges must bee cer- tiefied to the governour and hee must see it amended, for they and the whole colonie as a bodie politicke, must make good to the state there and heare all the covenauntes that the patriot, the governour, aldermen, one common counceller or one commoner or 3 of them of the sayde colonie of which the patriot or governour must bee one, shall undergoe to any ad- venturer that sendeth servauntes thither, or any trades men that shall trust them with wares, for such colonies as are raised there, they shall give warrant under the seale of the colonye, before 5 of their councell there. And the councell there sendeing their letters of credence to the councell heare, they shall binde the colonie whome the letters concerne to performe all covenauntes that they shall undergoe. Thease covenauntes must bee acknowledged and sealed heare before the Treasurer and his deputie and foure councellers, and then they must stand as a statute to binde and make lyable all the goodes and persons of any personall adventurers in the sayde colonies, the arest of them or their goodes to bee made either heare or theare. The like shall bee done for all collonies that shall bee raised heare, certificcate being made by the councell heare, of their warrauntes acknowledged in courte, and this shall binde all their goodes and persons theare to bee aunsweareable to any seasure that shall be made for not performeing the covenauntes signed and sealed as aforesayde. This assureance as well of their owne goodes they adventure as all the goodes of that colonie wherein they adventure, will give such satisfaction to adven- turers, that shall either have sonnes, brothers, or kindred that they meane to doe good too, that they shall neede onely to lend them their adventurers for, 5, 6, or 7 yeares, as the colonie and they canne agree, and then they may have their moneys repayed.
Moreover because where the busienesse of the commonwealth is left to manye, there everie one putteing it of [off] noething is donne, therefore our Councell in England nominateing 9 persons (whome they shall thinke meete) to us, wee will make choice of 3 of those 9 to bee principall magis- trates planteing them in each province one, which shall have power to see each magistrate, counceller patriot and governour to execute their office, to see the lawes and orders observed, and to execute the decrees of our councells as our shreifes doe in England. And thease being capeable of the generall commaund of the forces throughout their severall provinces when the Councell of State shall put the sword in their handes, they must onely have power to censure indite and suspend, but hee must have noe jurisdiction. Thease 3 magistrates having soe good alloweances as the plantacion will afforde them, they shall settle their estates in England and have noe estates in Virginea, everie one haveing certayne men allowed them for their guard by the collonie, And houldeing their places for a time limited by us and our Councell in England and removeing them from province to province as wee shall thinke meete. Thease wee appoynte to bee our marshall governour, and are to take their directions, both of take- ing upp and layeing downe the sword accordeing to their commissions by the councell of state in Virginea graunted and giveing ane accoumpte of their actions to the sayde councell, at their comeing out of the feilde.
Furthermore wee considering that this greate power given amongst our magistrates councells and governoures may (as wee have formerly shewed in the lawe provided against the abuses of the sayde soveraigne power) prove to bee the undoeing of our obedient subjectes that are to live under it and bee commaunded by it, And soe may turne to the ruine of the com- monwealth, Thearefore it concerneing the whole bodie politicke aswell as everie particuler member, that it may bee the better looked unto, and the more severely punished, wee doe ordayne a Syndex or magistracie, framed out of the 5 orders or degrees, 3 a peece out of everie order, that shall soe often as the generall parlament meetes have power to enquire, examine, trye and adjudge (as neede shall require) all the greate councellers either of the state or of the provinces, the patriotes, the governours, or any other that shall have the administration of justice within any of our sayde provinces or collonies. And whichsoever of them shall bee found guiltie of oppression or the encroacheing farther uppon our soveraigne power then to him or them or [is] limited by thease our orders, or warranted by our councell of state, they shall have power to punish them accordeing to the lawes, either with losse of life, goodes or banishment. The goodes of which offendoures, wee will bestowe one [on] the publique, whoe haveing caught the wolves and stripped them shall have the fell for their paynes. Noe scentence must passe in this magistracie under 10 voices, none of death under 13een. This magistracie must continue dureing the time of the Parlament. Everie counceller or magistrate that shall bee ques- tioned by this magistracie, must stand 8 dayes subject to this inquisition and triall, in which time it shall bee lawfull for any man to accuse him, and after wardes being acquitted he shall have a certificate under the handes of thease magistrates, certiefieing his integritie in his place, which may remaine by him as a merke of honour to him and his posteritie. To choose this magistracie, there must bee a provinciall parlament called, one out of each order of the 5 orders in everie corporation, which being mette and the orders sorted and severed by themselves, they must write everie one his name to whome they give their voices, and then the partie out of everie order which hath the most voices must stand as choosen for this magistracie. Thease magistrates shall bee called the Protectoures of the commonwealth dureing the time of their magistracie.
To the purpose thearefore that wee may forthewith have thease our orders lawes and forme of governement, put in execution, wee doe first charge and ordayne that all our councellers in Virginea shall perswade and pre- pare first and especially the ould planters and all other adventurers that are planted there and have servauntes, to devide themselves into consorteshipps of 30ties or 50ties to bee principall men in thease our par- ticular collonies, and that they planteing themselves as neere one to the other as may bee, will prepare houses for certayne other planters or serv- auntes that shall be sent to them, of whome they shall take charge, they being payed aswell for those their houses as for their undertakeing the charge of servauntes, by them that shall enter or adventure into con- sorteshippe with them. And that such our councellers, as have estates in England or Ireland and such other of the planters as canne procure 300 men to joyne with them, to bee suretyes one for each other that within 7 yeares they shall purchase estates in England, to such a value as shall bee thought meete. Thease shall be allowed to bee patriotes.
And wee doe farther will and charge our councell in England that they give furtherance to all such as shall bee soe consorted, to supplie them with planters that haveing estate heare may bee either patriotes or of the order of governoures. And to cause adventurers that will onely send servauntes thither to joyne with those ould planters, giveing them reward for their paynes, and for such hundredes as are now planted onely with tenauntes or servauntes, to cause the ould planters that are freehoulders to joyne and plante with them, and likewise to send to them patriotes and gov- ernoures that have estates in England, to plante amongst them, that the ould planters may both helpe to instruct them and keepe them to their laboures. And the colonie may bee aunsweareable, both to the state for their allegeance and to the adventurers for their adventures and that they will not graunt any farther patentes heareafter to any other but such as shall bee enabled by this our forme to take them.
And in regard that our planters in Virginea may bee the better furthered by the companye in England wee doe ordayne that everie collonie after it is 300 strong shall appoynte 3 deputies of their principall adventurers whome they best trust, resideing in or about London or Plimouth, whereof one of them being nominated to bee the principall shall bee authorrized to bee present at all consultations with the councell of Virginea and New England, to consulte uppon the election of officers belongeing to the courtes there, and about contractes with the King or companie about auditeing the accomptes. The whole order and classis of thease men, being tearmed the preconsulters, shall have a negative voice to staye and hinder all thinges that shall bee prejudiciall to the planters in Virginea giveing in their names, their consentes or their denialls for the matter questioned in writeing, the other two deputies shall bee as agentes and factors to buy and sell the goodes transported and returned to and from Virginea.
An wee doe further charge our councell in Virginea, that in the interim whilst thease thinges are doeing, they will send out certayne flatt bot- tomed vessells to discover to the southward where the best places (most especially for health) are to plant one [on], and that they will likewise prepare long and large vessels flatt bottomed, like those they tearme flutes in the Low Countries, that in transporteing our men they may laye drye in them till their houses are made or built.
For the seateing and ordering thease severall plantacions because they require a good judgement uppon the veiue of the place (there haveing beene either none or verie slight discoveries in that kinde), wee must leave it to the wisedome and judgement of you our councell in Virginea, but wee knowing the manye inconveniences that doe heape themselves together both uppon the plantacion and the governement in our planteing in grosse, which noething but a potent domesticke enimye should enforce us to, And considering that the naturalls of the cuntrie are soe weake, that the strenght and largenesse of the cuntrie is soe greate, soe as by the fortiefieing of the mouthes of the rivers and keepeing the center and middle province of the plantacion strong, And knoweing that the devideing of our forces in soe strong a cuntrie will bee a principall meanes not onely to encrease the strenght of them by our retireing fightes from one collonie to the other, tyering, debillitateing and anoyeing an assayleing enimie and draweing them to all places of disadvantage, but alsoe to bee a speciall helpe to the attayneing of all other our defined endes, Wee doe ordayne therefore 3 provinces, a southerne, a middle, and a northorne province, planteing our collonies in them, accordeing as wee shall finde the rivers to lye, planteing not above 2 collonies one one river, One at the falls to make bridges to coste the cuntrye, and anoether not farre of from the mouthes of the sayde riveres, and they being noe farther of [off] in distance one from the other but that they may second one the other in 3 or 4 dayes by land, which manner of planteing and seateing them, will not onely bee and [an] impulsive cause enforceing by necessitie the continuance of the governe- ment by us now ordayned, but alsoe and [an], especiall meanes of gayneing healthie places to plant one [on], a meanes to enlarge our dominions, a meanes to encrease our navie, a meanes to discover the comodities of the cuntrie, a meanes to make tame and civill the Indyans, a meanes to make our commaunders the better agree, a meanes to keepe our collonies from generall mutinies and oppresseing each other, a meanes to keepe them from makeing leagues and aydeing each other agaynst the soveraigne councell, a meanes to ballance one province and collonie by the other, a meanes to make them joyne against anyone that shall rebell against the generall governement, and finally a meanes to make the patriotes greate within their owne collonies and wastes adjoyneing to them, thus planteing them and equalling them in number, seateing, ordering, and fortiefieing them, our religion, discipline, governement, eclesiasticall and civill, the ordering of our families, and the tying of the naturall Virgineanes all to coheare accordeing to our forme, everie thing will bee soe united and made one in dependencie, as the essence and being of it shall naturally depend one our soveraignetye.
Now because wee will shewe you that the duties of commaundeing and obeyeing are mutuall, haveing hitherto endeavoured to winne you to a loveing obedience of thease our lawes and orders sett downe in this forme, as wee intend wholely for your good and advauntage, wee by waye of retributeing our love for your obedience doe promise that heareafter if you shall either finde out there groweing, or plante there any commoditie that shall bee of necessarie use in any of our dominions, that then payeing us our customes and impostes, and being able fullye to supplie us with the sayde commodities, you shall have onely the bringeing them in. And because wee knowe that this spreadeing and groweing quallitie doth necessariely require a publique groweing stocke, in performance of this our promise, wee doe give unto such as shall desire to plant estates in England, the sole importation of tobaccoe, that you may plant estates aswell in England as in Virginea, wee doe enjoyne you that if by restrayne- ing it that it come not two fast into England, and by keepeing it in banke heare, it shall prove worth 4 or 5 pounds, yee shall bee payde halfe of it in Virginea in commodities and servauntes at easie and reasonable rates, and the other halfe shall remaine in banke in England, in good handes (you receaveing 6 in the hundredth) to imploye as you shall thinke meete, The surplusage proffite above 4 or 5 being imployed as a treasurie for the publique. Wee will order that there shall bee servauntes and cattle equallie sent to the collonies, the benifitte of whome they shall have the 4th. parte of it for takeing the charge of them.
And because wee doe knowe that a sett and frugall habite is the best meanes to advance a groweing commonwealth to the one that yee may banish superfluitie and that everie degree may bee knowne by their hab- bites, wee doe charge and commaund you to sett downe amongst yourselves certayne frugall and inchangeable fashions, for each degree to weare, giveing to the ould planters some noate of honour to distinguish them from others.
And that this may bee the better donne, wee doe ordayne, that there shall bee a megasine for the publique, the stocke whereof shall bee raised out of the ould debtes and the fines of such as have abused the governe- ment, which stocke shall still bee upheald and increased as the plantacion increaseth aswell by the benifitte of retourne of commodities, as by one 4th. parte of the publique servauntes labours, by and [an] increase of the 4th. parte of the cattell, and by a rent to bee reserved out of the landes where the publique servauntes shall bee planted, when they are once made free tenauntes.
We haveing thus not provided you a meanes to plant estates in England but put you into the waye how it shall bee donne, our busienesse will bee soe to order the seateing, fortiefieing and the manner of the spreadeing of your collonies, that it maye bee for your healthes, and strengthening of you, soe onely, as you may not strengthen yourselves against our publique state. And because soveraigne seates are onely to bee used where the person of the soveraigne hath his continuall abydeing, therefore wee doe ordayne that noe colonie shall bee planted one [on] the mouth of any navie- gable river, where the channels maye be commaunded or shall take any soveraigne seate naturally strong to commaund both sea and land, but shall leave the mouthes of all the riveres to bee fortiefied in that manner the state shall thinke fitt, onely with small fortes bastions or bullworkes that maye contayne 20 or 30tie men a peece, to handle their ordinaunce to beate and commaund the channells. But because prepotencie is the principall thing that you must all take heede of, dwarfes and gyantes never agreeing well togeather in one familie, ranke or order, wee will leave this to your cares whome it doth most especially concerne to looke unto it, willeing and commaundeing you that noe peece of grounde within the degrees before limited, shall bee taken and fortiefied, by any our subjectes the planters theare, but first a commission shall bee directed to certayne surveyoures some of which shall bee well experienced in fortifiecation, a record being kept of the names of the commissioners, togeather with the condition of the place, the quallitie, quantitie and manner of the forti- fiecation by them all owed to bee made, that not onely thease commis- sioners if they shall connive and suffer such fortes and places of advauntage to bee taken and fortiefied may receave condigne punishment therefore, but alsoe it may make all such planters as shall fortiefie contrarie to the alloweance of the state to bee unexcuseable, which offence accordeing to our lawes of England, wee doe ordayne that it shall bee fellonie.
Now for the manner of the fortiefiecation that they may bee all equall, wee will and commaund that there shall bee one sett forme for all, and that citties bee fortiefied with bricke and stone walls onely, not of any greate thickenesse, but battalemented one the toppe, flanked without and tarrased within more for comelynesse then strenght, planteing them either uppon easie and accessable assentes, or else one levell groundes, by small rivers as farre from marshes and ill aires as may bee, not suffering any to fortiefie within gunneshott of the banke of any greate navigable river, neither one collonie to plant one both sides theareof that they may not annoye either those that plant above them, or such their neightboure collonies as shall abutte againste them, but wee would have them plante one [on] such small riveres as are fordeable, and wheare bridges may bee made to passe them, there they shall plant one both sides, if the riveres bee not the boundes bettwixte two collonies, in which cases none of the sayde collonies shall plant within gunne shotte of them, the fisheing being common to both. One [on] thease riveres if wee shall plant our townes in the middest, our wastes and commons next and our cuntrie villages last, makeing them soe strong as they maye bee sufficient defences agaynest the Indyans, and the placeing those villages in and [an] orderlye distance one from the other, everye planter that is but of 2 or 3 yeares standeing will knowe his station, the manner of the fortiefiecation and buildeing aswell as the Romans knew their campe. But for the manner of spreadeing and devideing our collonies, wee will take example by King Alfridde whoe first devided Eng- land into several sheires or sextions and appoynted over everie sheire and [an] earle to commaunde his forces theare, which sheires hee alsoe devided into lesser partes whereof some bee called Lothia [lathes?] of the Saxon worde, which signiefieth to assemble, others he tearmed hundredes, because those that commaund over them, had jurisdiction over a hundredth pledges, others the tearmed tytheinges, soe named because there was in each of them ten persons, whearein each one was suretye and pleadge for the others good abeareing, and whatsoever hee was that was not of creddite to bee receaved into one of thease tytheinges hee was either subject to the marshall law, or else committed to prison and there made worke like and [an] idle droane. if this course bee now taken in Virginea and that the Indyane within the wastes adjoyneing to the collonies, were by your gentle usage drawne into thease polliticke orders, whereby each collonie should have their propper Indyans beelongeing to them, whoe seeth not what greate benifitte would arise to the plantacion theareby.
This copy is in Sir Nathaniel Rich's hand. It reads in some minor points as though he had misread the original. It has been compared with Additional MSS. 12496, fo. 454, and differs in some important particulars. The document in the British Museum is addressed to the Lords of the Council instead of to the Lord Treasurer. Differences are indicated in the footnotes following. Still a third text, addressed to the Lord Treasurer, is No. 6157 of the manuscripts of Lord Sackville preserved at Knole Park, Kent, and printed, under the heading, "Captain John Bargrave's Pro- posals", in the American Historical Review, XXVII, pp. 511–514. It seems to be a later version than the one here printed (running to "seventhly" in the early paragraphs instead of "sixthly"), yet is endorsed by the Lord Treasurer's secretary as received December 7.
Early December, 1623Right hobḷe after 10 yeares service in the warres in the summer time, and at my study in the wynter, whereby in some measure I informed my Judgment in publiqu[e] buisinesse, and 7 yeares since now latelie spent in observing the abuses of the Virginia Company, and studdying the meanes to rectifie them, being forced and necessitated to be an earnest follower, and studdyer of the same by losse of my Estate, I may now Claime to my- selfe the right of being Maister in that art, Challenging all others that shall oppose what I write, and makeing it good that it is impossible for any one (that shall newly enter into the buisinesse) to be able to setle this Plantac̃on. I will take this proposic̃on for the ground of my maister- peece, and proue by right reason (wch Plato saith is the ground of pollicie) That honors, liberties, and freedomes, togeather wth returne of profit, or- dered to the Workeing of our pollitique Endℯ, would plant Virginia, and worke those effectℯ wee all aimed at.
From this ground I raise these 6 headℯ. 2
These entire paragraphs preceding are omitted in Additional MSS. 12496.
First I vndertake to show the meanes to draw a sufficient Nomber of men that haue good Estates here, to plant in Virginia, wth their persons & goodℯ, and to Cause the planters in Virginia to plant Estates in England.
Secondlie so to seaver and divide the facultyes of sov9aintie, and the Com̃aund of the forces amongst those men so estated that they shall never meete vnited in power, but to advance our politique end of holding the Plantac̃on of §to§ England.
Thirdlie by makeing vse of the naturall strength, and largenes of ye place, so to marshall those men, as they shall not onelie make the Plan- tac̃on to spread, and growe, to find out the best Com̃odities, and inlarge the Kingℯ Dominions, but they shall secure it both from forraine Enimies, and inable it to give lawes to the Domesticke Indians.
Fourthly, the imploying of those men there to make the best & sud- dainest returnes hither.
Fiftly the mannageing and ordering those returnes so, as they shall not onely supply and mantayne the Plantac̃on wth apparrell and necessaries but it shall make a publique stocke and Treasurie, that should increase as the Plantac̃on increaseth.
Sixtlie and Iastlie the dooeing of all theis thinges by way of right and Interest to the mantenance of Justice, and peace, and to the Honor of God, our King, and State.
All theis quallityes being treated of in five seu9all Treatises are lastlie Composed into one forme wch may aptlie be tearmed militarie Intendencie by Tribe, it being a way not onelie to plant Garrisons without pay, but each Garrison bringing wth it a Certaine Revenew to the Crowne, it shall tie Virginia as fast to England as if it were one Terra firma wth it.
The hintℯ of it I had from Charles the 5th, and if he himselfe or King Philip his sonne, had vsed the like policie in the West Indyes, low Coun- tries, Millaine, Naples, and the rest of his provinces to Mantayne his Soveraigntye there, he had not spent so many [2] Millions to keepe Garri- sons as he hath done, neither would his provinces be so readie to fall from him as now they wiebe if his plate fleet should faile him.
When I shall see the Companie incouraged, and the Comission goe for- ward, so as the delinquentℯ being knowne to ther King from honest men, a stocke may be gayned out of th' abuses of the Government, and that this forme be setled, I doubt not but to procure 8 or 10 Gentlemen that shall haue 7 or 8000li p̱ Ann̄ revenew to goe as Comissioners into Virginia, to setle it, and to be the headℯ of the first Colloneyes; and all they shall demand of his Maty is, that he will grant them the wardshipp of their heyres if they shall dye in their seruice now at their first goeing. And if his Maty will but grant me releife out of the Imployment of the said stocke, I will vndertake on payne of my life, that what is wanting to per- forme the buisines, the Planter shall supplie, and when this is done I may glory in the worke and bragg that I haue helped the state to meanes, shewed them the way and helped them wth Instrumentℯ to Conquer and keepe in subiecc̃on to England a State that may grow to be as great an Empire as the King of Spaynes, the distance of place no way hindering it, to the honor and inriching of or King and State & to the releife of Thou- sandℯ of poore people. 1
This paragraph is omitted in Additional MSS. 12496. The reasons given in the following paragraph are summarized only.
I euer said and so I exprest my selfe in my Articles two yeares since at the Councell boord, that if the buisnes wth the Company were not tenderlie handled, that till this publique stocke was gayned, and this forme were framed, and setled by the Company, we should beginne at the wrong end, and it would hinder the worke; this takeing away of the Patent being a device of the delinquentℯ (like some other they haue formerlie vsed) hath so madded the Company, that whereas there is 80 Articles put in against the former Gou9nors, 15 of them being against the Accomptℯ, and but 3 examined they let all goe now at sixe and seauen, and 2
From this word to the word "partlie", third line following, is omitted in Additional MSS. 12496.
will medle no further; and that there Cannot be a more pleasing thing to the delinquentℯ any one may see it by some of their earnest following it. For my part I neuer durst seeke to take away the populer Government here, partlie because the deliverie vp of Patentℯ doth weaken the Confidence that Patentees should haue in 3From this word to, but not including, the word "Company", second line following, is omitted in Additional MSS. 12496.
them, and the Patent now granted being to the Company, Con- sisting of the Adventurer, and Planter, and the Gou9nment being now in the Company here, if the Company will by Consenting to this Forme, transferre the Gou9nment to the Planter (to whom of right it belonges) there is no necessitie that the Patent must be delivered, partlie because there must by necessitie be such Correspondencie betweene the Planter in Virginia, and the Adventurer here, that the Planter must make noe lawes to bind the Estates of the Adventurer, but he must Consent to it either by himselfe, or some other; for otherwise no man will adventure. Partly because the Consent of all the Parties interested to the forme will make it the more firme, and p̱petuall, partlie because all Changes of Gou9nmt should be insensible, gentle, & [3] easie. Partlie because this Consent by voices doth make many adventure that otherwise would not, Partly because I made a doubt whether the King would take the name of the Plantac̃on as §a§ worke of his owne till he saw it was able to subsist and defend it selfe against forreyne and domesticke power. Partly because vnder the name of the publique (wch is the Kingℯ in right of his Sou9aintie) all the benifit of the publique landℯ & seruantℯ will returne vnto him though he be no more seene in the buisines then form9lie he hath beene. Lastlie the plantac̃on being divided into petty Collonyes of 300 in each one, if those Collonies shall nominate 3 Adventurers here, two of them to be their Agentℯ to doe their buisines, as the Comittees doe now, and the third to preconsult and make Contractℯ for the Planter wth the King or Company, the whole Classis of those preconsulters haueing a Negatiue voice; theis will pruent all wrong done to the Plantac̃on, and there will nothing remayne but the very name of the Company.The Company feares that this takeing away the Patent before the abuses were examined was hatched at Alderman Johnsons house at Bowe, at the Kingℯ being there, that the King is now prest to it by Sr Thomas Smithes Freindℯ of the Bed Chamber, and all is done to Conceale the falshood of his Accomptℯ, and the grossenes of their Gou9nment from his Matℯ knowl- edge 1
In Additional MSS. 12496, instead of the lengthy statement from this point, Captain Bargrave prays that the Company be commanded to make good their complaints before the Commissioners and that a committee be appointed to examine and amend the form of government.
. They feare likewise that Sr Tho: Smith, Sr Samuell Argoll, and Alderman Johnson standing Cleare in the Kingℯ Eyes, and the Gou9nment being framed, That they may doe wth the Planter and Adventurer what they list, all their privildges and rightℯ being taken from them they wilbe made their Gou9nors who haue beene the principall aba§u§sers of them, and this that side braggℯ of. Some of the Comrs also answearing Peti- c̃oners that it is to no purpose for them to medle any further, being the King hath declared himselfe to take away the Government from the Company, and to put it into the handℯ of twelve Councellors, that may right their causes.The way to right all wilbe the setting forward of the Comission, the forceing the Company to make good their Complaintℯ, the nomynating a Comittee from the board, or otherwise to examine, and approue of the forme of Gou9nment that shalbe tendered to the Company, and when they shall see that Justice is done, this stocke is like to be gayned, and that this forme of Gou9nmt wch the King and State doth presse on them is no such Bulbegger as they need to be afraid of, but framed according to right, tending to the good of all parties interested, for the Companies ease, and to take away the blame from them, If any thing miscarrie for want of Government, the order of the forme placeing the same men in the Gou9nment wch they themselues would C choose if the Gou9nment should remayne in their handℯ and they being by the said forme to haue their adventures secured to them by the whole Collonyes, wherein they shall adventure, and that this is all the hurt that is intended to them; I make no doubt but the States and the Companies Endℯ meeting in one and the same thing, they will imbrace it, and the buisines will goe well forward.
I know (my good Lord) that in Cases of necessitie all states & states men, instead of following straight wayes to Compasse their endℯ [4] are forced to follow more oblique and Crooked, the greatnes of the future good recom- penceth the present ill. So Licurgus although his pollicie was Aristo eraticable §call§ Aristocraticall, so iust, as for it he was (of the Oracle) tearmed beloued of the Godℯ, yet notwithstandinge he being necessitated to set vp his Gou9ment by Conspiracie, and force he was likewise Compelled to Choose all his first Councell out of the Conspirators; by this rule of necessitie Romulus (as Livie saith imitating other founders of Com̃on Wealthes) to draw people to his new built Cittie, erected an Assilum, or Sanctuary for Outlawes, men indebted, and discontented p̱sons. Junius Brutus likewise in the desperate Case of the Citie of Rome, after the battel of Canne was forced for want of men to set at liberty all the prisoners indebted, and to discharge their debtℯ on Condic̃on, that they would serue the State; although in theis Examples wee in our necessitie may intreate Connivencie, and helpe for some industrious Gentlemen indebted; and decaying in their Estatℯ, by whose industrie the States turne may be serued, and their falling houses releived. This pollicy no question is tolerable and fitt, but that theis delinquentℯ seeing their leaudnes like to be discouered, should meet the storme in the force, and to avoid the obloquie of their offences should be suffred to Compound vnder hand, and vnder a Color of their loue to the Plantac̃on, and a desire to see the man- nageing of it, by Concealing their Wrongℯ done, should thrust all the dis- grace from themselues vpon others, it being a most sure rule that nothing makes a State more florish then a due administrac̃on of rewardℯ and punnishmtℯ, this must needℯ be by the rule of state intollerable, and the more intollerable be because the State at this tyme both here and in Virginia, longℯ for examples in this kind, The limitac̃on of the soueraigne faculties amongst the Councell, and Magistrates in Virginia, wholy Con- sisting in the severe punnishment of all incroachment vpon soueraigne power, further then the forme giveth leaue, they therefore that shall robb the Com̃onwealth of this example shall robb it of it selfe life 1
Sic.
Whereas therefore the foresaid Delinquentℯ takeing advantage on his Matℯ Dec- clareac̃on against such as did not make good their Complaintℯ, that they shall suffer the same punishmt (that the Delinquentℯ should) if their Com- plaintℯ proue not true, did thereupon by the Kingℯ direcc̃on Cause the Complaintℯ in the name of the Company to Cease, because such punish- ment Could not be inflicted vpon the Companie as might vpon private p̱sons, whereby they did for a long time hinder the proceedingℯ of §the buisines before§ the Comrs, till such time as the boord did order it, that against such Delinquentℯ as were Instrumtℯ of the Company they might Complaine (it being but a device like this of takeing away the Patent) to hinder the proceedingℯ of the Compltℯ. If therefore his Mãtie will suffer a bill to be drawne in my name (I makeing choice of the Companies Articles, and proofes that shalbe laid in the said bill) and will Continew my pro- tecc̃on, and give vnto me the 4th part of what shalbe recou9ed, to recom- pence my losse; I will vndertake, skinne for skinne, that nothing shalbe laid against them but shalbe proued. And if the other partie will doe the like against Sr Edwyn Sandys, or any others of the Companie, the buisines wilbe by this meanes fully Censured, so prayeing for yor Lopps increase of honor I rest
Your Lopps to Com̃and
John Bargraue
[Indorsed:] A coppie of Capt Bargraues letter to my lo: threasuror.
By the Counsell of State in Virginia.
Whereas wee have recd espetiall order fro' the treasurer & Counsell of Virginia in England to send home by the first oppertunitie of Shipping an exact list as well of all such as haue dyed or ben sleine since the Massacre as also of all such as are now liueing, wthin all plantacons. Theise are to requier you Capt Wm Tucker to send vp before the 16th day of this present december a p̱fect list of the names of all such as have died or ben sleine at Elza: Citty since the Massacre, till the day of the date of yor list as also of all such as are at that day liueing belonging to the said plantacion whether present or absent. Given at James Cittie December the vjth 1623
George Yeardly George Sandis Chr: Davison John Pott
Whereas it was ordred by the Gouernor & Counsell of state, yt eu9ie twentith man, throughout ye Colony should be levied & sent to ye fort wth six months p̳uision of victualls &c as also yt ye other nynteene should be equally Contributing to ye Charge. These are to requier & Comaund Capt William Tucker, throughout the plantac̃on vnder his comaund to levye three hundred waight of Tobacco, & three barrells of corne as also p̳uision of corne for six months for eu9ie twentith man by the pole ratably now remaining a liue And yt hee levy euerie twentith man throughout ye sd plantac̃ons, & send them wth all possible speed, to Capt Roger Smith to the said fort at Warescoucke, And more ou9 that he send Ambrose Griffine (ou9 & aboue the said eu9ie twentith man) vnto the sd Capt Roger Smith. ffurther Chargeing & Comaunding all p̱sons throughout the said plantacons to yeild ready obedyence, & to be ayding & assisting to ye ssaid capt Wm Tucker in ye execution of this Warrent, as they will answer the Contrary to ther perills Given at James Citty Decemb9 the viijth 1623
George Yeardlje Chr: Davison George Sandjs John Pott
[The order of the Privy Council respecting a petition of William Cannyn, or Cunnyn, December 8, 1623, is printed in Acts of the Privy Council, Colonial, I, p. 75.]
[The order of the Privy Council respecting debts, December 8, 1623, is printed in Acts of the Privy Council, Colonial, I, pp. 75–76.]
[The order of the Privy Council respecting expenses of the Quo Warranto, December 8, 1623, is printed in Acts of the Privy Council, Colonial, I, p. 76.]
After our hartie Comendac̃ons, Wheras Captaine John Marttin Esquire, being a Planter in Virginia, hath bene Detayned a good space here, by reason of Divrs Controverses, Wch haue Risen concerning the Plantac̃on of Virginia, wherin (as wee Conceaue) hee hath behaued himself honestly & Discreetly, ffor as much therfore, as hee is now retourneing backe againe wth some of his Servants, and many others, that would plant & ioyne, wth him, and begine a gaine to settle himself and them, vppon his Ruinated Plantac̃on, wee haue thought good for his better incouragement, to accom- pany him Wth these our letters vnto you the Gouerner and Counsell their, And althought wee Doubt not, but that you will vse him and his asocieattℯ, as becometh you, and may stand Wth ye Advancement of the Plantac̃on yett wee Will expect, that for this our recomendac̃on, Some what more then ordinarie respect, should bee had of him, and Doe require you to take Care (soe much as in you lyeth) that hee and Such as shalbe vnder his Comaund, may bee free from all Danger of oppression, and peaceably inioye all such Landℯ and goodℯ as belongeth vnto them, behaving themselues as faithfull Subiects ought to Doe Wherfore nothing Doubting, wee bide you hartily farewell from whitt Hall the xixth of December 1623
Yor Loving frindℯ
G Cant: Jo Lincoln Middelsex Mandeville
Richmond Lennox Penbrak
Carlile Ch: Grandison
Arthur Chichester
Geo: Calvert
Rich Weston Jul: Cæsar
Will: Becher
To or loving frindℯ Sr ffrancis Wyatt kt gour and to the rest of ye Counsell
of Virginia
Capt Wm Tucker
fforasmuch as wee are certainly informed yt Carter & other of ye sailors belonging vnto ye shipp called ye true love haue contrarie to ye p̳clamation made by the Gouernor & Counsell, sould the Como. aboue ye rates of ye sd p̳clamation, this p̱ticuler aboue other matters being espetially comitted to or care by the Gouernor in his absence, Wee earnestlie desier you to make enquirie throughout the plantac̃ons vnder yor Comand, what Como: or debtℯ, belonging to ye sd Carter or any of the saylors of the sd shipp remaine in ye hands of any manner of p̱son or p̱sons ther residing, & to make stay therof, vntill such time as you haue further order fro' ye Counsell, As also to enquier at what rates such (as haue pd for the Como) receued then taking notice by writting, of ther names & of ye names of such as they bought ther said Como. of Sending vs ye writting by the first opper- tunity. These things wee com̃itt vnto yor care, hoping yt (as a good member of this plantacon) you will be ready to p̱forme. And for the p̱for- mance of the same wee giue & grant vnto the sd Capt Wm Tucker full power & authoritie Comaunding all p̱sons residing in the said plantacions to bee ready & willing to giue such information vnto him concering ye p̢misses as shalbe required
Yor Loueing ffrends
George Yeardly, George Sandjs,
Chr: Dauison, Francis West
Roger Smith
James Citty Dẽmber the 26th 1623
[A letter of the Privy Council to Nicholas Ferrar, December 30, 1623, is printed in Acts of the Privy Council, Colonial, I, p. 77.]
By the Counsell of state in Virginia.
Whereas capt: Wm: Tucker hath form9ly p̱ order fro' vs ye Counsell of state to stay ye Como: & debts remaining in ye Custody of any p̱son vnder his comaund, belonging to Carter & the sailors of the shipp called ye true loue, as also th make enquirie at wt rates, & of whome, everie p̱son bought ther Como. wch they haue already pd for, These are to giue further power & authority, to ye sd Capt. Wm Tucker to p̱forme the same against ye mrs & saylors of all other shipps as Concerning the true loue aforesd And yt itt shall & may be lawfull for him to examine ye sd buyers vpon ther Oath. I, willing him & requiring him to see ye p̳clamation touching ye rates of como. to be in all things fullie executed, ffurther Charging & Comaunding all p̱sons vnder his comaund to yeild ready obedyence in ye execution of this warrent, as they will answer ye contrarie at ther vttmost perillℯ, Giuen at James Citty December the 31th: 1623
George Sandis, John Pott
fforasmuch as some p̱sons haue attempted to dep̱te out of this Cuntry not haveing ther passes, & others haveing ther passes, wth out dischargeing ther debts & duties in this Cuntry. These are to giue full & absolute authoritie, vnto capt Wm. Tucker, to goe aboard, & veiw all the shipps before thei dep̱te hence, & to see eu9ie p̱sons passe And if any p̱son in any of the said shipps haue not a passe, to cause them to be brought ashore, not suffering them to depart this land. And if hee know, that are anie way engaged in this cuntry by debts or otherwise, either of his owne knowledge or by true report of others, notwthstanding they have ther passes, to stay or cause them to bee stayed till they shall releaue them selues of such obiections as shalbe laid against them. Chargeing & comanding all p̱sons to be ayding & assisting vnto the sd capt Wm Tucker, or his deputy in the execution of this warrant as they will answer the Contrarie at ther vtter- most perills.
Given at James Citty December the 31th: 1623
George Sandis, Chr: Davison John Pott
Capt Wm. Tucker
Whereas you have formerly had order to stay ye goods & debts of James Carter mr of ye good shipp called ye true love & ye goods & debts belonging to any of ye sailors of ye sd shipp vntill you should [have] further order fro' vs, yf you find no informations to be made against the said James Carter nor the sailors aforesd touching the breach of ye p̳clamation for ye rates of comọ then you may be pleased to release his & ther goods, And if hee or they bee found to haue offended in yt kind after yt sattisfaction is given by the offendors wee desier you to release ther sd goods.
Given at James Citty Januarie the 9th: 1623
Yor loveing frends
Francis West, George Sandjs
John Pott
To all to whom these p̢sentℯ shall come to be seene, read, or vndr stood &c. greeting. Whereas for diurs considerations especially moveing the Gov- ernor and Counsell of State, it was thought fitt, for this present yeare to restreine all perticuler trade for Corne, wthin the Bay, and to apropriate that trade, only for the publique benefitt of the Colony. Now Know yee that I Sr Francis Wyatt Kt Governor and Capt generall of Virginia, out of the certaine knowledge & good opinion weh I conceaue of Capt Raph Hamor Esquire Counsellor of State, for the managing of an employment of such consequence, and wch may much conduce to the benefitt of ye Plantation do by these p̢sentℯ constitute and appoint the said Capt Raph Hamor to be Captaine and principall Comander of the good Shipp the Will͠m & John now riding at Anckor in Patomeck River. Giveing and graunting vnto the said Raph Hamor, full power and absolute Com̃and, in all cases, for ye managing of the said tradeing vioage, overall and every person of what nature or qualitie soeu9 to be employed in the said vioage. And also full power and authoritie, to trade, in any River, or Rivers wthin the Bay, either vppon pledg, if the Savadges shall require it, or otherwise: forbidding notwthstanding the said Raph, to compell by any waies or meanes any Indians whatsoever to trade more then they shalbe willing to trade for; or to offer any violence to any exept in his owne defence, in case of suspic̃on of treacherie, or open wrong intended to him or any of his Company. For the better managing of wch p̢sent employ- mt and vioage, I do strictly Com̃and and charge, all and every person in the said vioage to yeeld all ready obedience, vnto the said Raph Hamor, and in all things to follow and execute the Com̃andℯ of him, as they will answer the contrary at theire vttermost perillℯ. Given aboard the Will͠m and John in Patomeck Riuer this xixth of January. 1623
Francis Wyatt. A Commission to Capt Raph Hamor given aboard the Will͠m & John for tradeing &c.
Whereas ye Gou9nor & Counsell of state are determined to call a generall assemblie for ye better settling of ye affaires of this Cuntry these are to requier & will you capt Wm Tucker to assemble all the free men inhabiting in those plantacons vnder yor Comand at Keycotan & Nuport Newes by pluralitie of voyces to make election of twoe men that shalbe thought suf- fitient, willing & requiring the persons so Chosen to giue ther attendance at James Citty the fowerteenth of ffebruarie next Coming. Giuen at James Citty Januarie the 26th. 1623.
Francis Wyatt.
Whereas the Governor and Counsell of State are determined to call a generall Assembly for the better setling of the affaires of this Cuntrie. These are to will & require you 1
Blank space in MS.
to assemble all the freemen and Teñats inhabiting those Plantations and by pluralitie of voices to make ellecc̃on of two sufficient men. Willing & require the persons so chosen to giue theire attendance at James Cittie the 14th day of February next comeing.Francis Wyatt.
Right Honobl͠ &.
Wee receaved your Letters by the Bonny Besse and the George, whervnto (though divers shipps haue since retorned) wee haue been enforced through the absence of the Gou9nor To defer our replie, as also owt of our desire to enforme you of other accidents and p̳ceedings.
Wee haue to our vttermost abilities revenged ourselves vppone the Sal- vages havinge vppon this river, Cut downe theire Corne in all places wch was planted in great abundance vppon hope of a fraudulent peace, wth intent to provide them selves, for a future warr, and to sustaine theire Confederates, burninge downe the howses they had reedified, and wth the slaughter of many enforced them to abandone theire plantations, and had soe served the rest, yf in yt tyme of our gretest scarcitie, & noe reliefe to be founde amongste ye Enemyes) want of meanes to feede the souldiers had not Constrayned us to desiste.
Notwthstandinge ye Gournor as soone as our Corne was ripe, sett forwarde to the River of Potomak to settle the trade wth our freends, and to revenge the trecherie of ye Pascoticons and theire assocyates, beinge the greatest people in those p̱tes of Virginia, Who had cutt of Capt Spillman and mr Pountis his Pynnace, In wch expeditione he putt many to the swoorde, burnt theire Howses, wth a marvelous quantetie of Corne carryed by them into the woodes, as it was nott possible to bringe it to theire §our§ boates,
The maine reasone yt invited the Gou9nor into that river, was an agre- ment made the last yeere by mr Threasurer wth the Patomacks, our ancy- ent alies, of whome greate numbers were murthered by those nations, not only to asiste us in that revenge, but to accompeny us and bee our guides in a warr against the Pomunkeys, wch would haue been very Advantagious vnto us, The vnsesonablenes of the weather havinge longer detayned him then the necessitie of the Countrey, could consent to, enforced him to leaue of his Chief intentione for Ponunka,
It is noe smale difficultie and griefe vnto us to mantaine a warr by vn- willinge people, who levinge to feede and cloath theire owne families by theire owne labours, Crye out of the loss of Tyme against their Com- anders, in a warr where nothinge is to be gained, and the Chief tyme of doeinge the emynie most spoyle falinge owt to their greatest hindrance, of this the Gou9nor can speake by experyence, who although at theire ernest suitℯ, hee staide till theire Cropps were in, In his beinge abroade A fort- night before he sawe the enymie, was petitioned by them all subscribed with theire handes, that they might haue leaue to retourne, lest it should proue theire vtter vndoinge,
Wheras we are advised by you to obserue rules of Justice wth these bar- berous and p̱fidious enemys, wee hold nothinge iniuste, that may tend to theire ruine, (except breach of faith) Stratagems were ever allowed against all enemies, but wth these neither fayre Warr nor good quarter is ever to be held, nor is there other hope of theire subversione, who ever may in- forme you to the Contrarie,
Howsoeur our intended howse of entertaynment was not builte, for wch woorkmen were entertayned, many subscribers beinge slayne in the Mas- sacre, yett there hath beene great additione, of buildingℯ in divers places, wherein hath and may bee entertayned, great number of new Comers, and that wth more convenience in our oppinions, then in publique Guest howses, where many beinge sick togeather, are likely to bringe a generall infectione, and finde noe willinge attendance, And heere wee cannott but againe putt you in minde, how the ships are pestered Contrary to your agreementℯ Victualed wth mustie bred the reliques of former Vioages, and stinckinge beere, heertofore soe ernestly Complayned of, in great p̱te the cause of that mortalitie, wch is imputed alone to the Countrey, the old planter Consideringe the accidentes, livinge as longe heere as in most p̱tes of Englande, And it would bee wished, that new Comers who are not Con- signed to such as are heere well settled, may bringe such p̳visione over wth them, as mault Cyder butter Chease etc. as may give them Content, and not make to sudden a change in theire dyett, though the first charge be more, yet the p̳ffitt in the ende wilbe the greater, The rest we must Com- ende to the good pleasure of God, who in his tyme, may through our penitence turne his Judgmentℯ into mercy, The scarsitie this foreruninge yeere hath been greate, and who could expect less, after such a massacre, yett none to our knowledg hath Perished through wante, many seasoned men goinge through theire labours, beside harde marches, wch endured the same Comone scarsitie.
And to advance the future plentie, besidℯ our Proclamations for the set- tinge of aboundance of Corne, we haue restrayned trade to publique vses, that noe privatt man may depend theronne, wch formerly many haue donne, Butt nothinge will more Conduce to the plentie of the Colonie, then the p̳ffer of givinge of viii ss p̱ bushell, wch will greatlie dyminishe the Plantinge of Tobacco, and further all other vndertakings, A thinge gen- erally desired by the Colony,
pag: 8.
Wee haue at all tymes bent our endevors to the furtheringe of those staple Comodities, wch you haue g[iven] us in Charge, as for the Irone woorkℯ, wch had longe before now arived at the p̱fectione [if] the woorkmen had not been cutt of, you know it is nott in our powre wth those that remaine [to] reestablish them, for Vines and silke, we conceiue noe Countrey more p̳per, and w[e] endevor to see them fully p̳secuted, Concerninge the state of those and the rest, the Threasu[rer] will further informe you, And we beseech you to Consider how great an interuptione, they must of neces- sitie receaue by the ymploymentℯ, wch the Troubles of these tyms haue imposed vppon us,
Wee in the name of the whole Colonie doe render most humb̴ɫe thanks to his sacred Matie for his royal care and favor, not only for his gratious intentione of restrayninge the sole ymportatione of Tobacco to these two Colonies, wch we know not by what misinformatione may haue miscaryed, the only present meanes to enable us to p̳ceede to more reall Comodities, and workℯ of greter Consequence tendinge to the strength and bewtie of the Colonie, for wt can be expected from povertie, but also for beinge ye author of this supplye of meale owt of his tender sence of our former scar- citie, And we hope notwithstandinge the malice of our Virulent traducers, To approue orselves in our accions not vnworthie the Continuance of his favor.
And to ye lordℯ of his maties Counsell, we beseech you in or names to render or dew retourne of thankℯ, for their Honorable care, noe less can we retourne to you for yor noble p̱formment, and although we had noe cause to doupte the want therof (else had we beene blane worthie not to haue written as ernestly for it as we did for the former supplie) yett it is nevertheless welcome, rather in regarde of Varietie then necessitie.
And we must frely p̳fess yt the taxe wch was laide vppon you, was malitious and vniuste, Consideringe our Valuationℯ of Tobacco (not to say the rates wch unconscionable marchantℯ and maryners doe impose vppon or neces- sities, wch heere we esteeme at noe more then xviijd p̱li, as by the publique rat[es] of Comodities may appeere, enforced thervnto by the dayly enhauns- inge of their prices, especyally of rotten Wynes wch destroy or bodies and empty or purses, wherof mr Robert Bennett (we hope without the privitie of his Brother) hath been most Culpable, who in his liefe tyme boasted that the only sale of fower buttℯ of wyne would be Sufficyent to clere the whole Vioage.
And for the furtheringe of mr Blanys recoury of deptℯ, at the begininge of harvest we made an edict, yt noe depte should be paide nor tobacco dis- bursed till he were satisfied, and we haue from tyme to tyme, not only putt him in minde therof, but given him all possible asistance, neyther doupt we but that by these ships hee will make you a p̳ffitable retourne, his accounpts we cannott as yett p̱vse, in regard of his absence in gatheringe his deptℯ but shall wth the first Convenience, we haue donne heerin wt we could, for we hope you thinke us to woorthie to spend, yf we had leysure, or tymes in the Troblesome gatheringe of those deptℯ, who are our bur- dned wth greater ymploymentℯ, And for mr Powntis acompt for his maides, we are such strangers to his p̳cedinge therin, yt we can give you noe ac- coumpt therof, notwithstandinge before his goinge abroade he was remem- bred of it, and p̱vsed these yor letters, therfore he cannot be vnmindfull to give you Satisfactione.
For the Glass workℯ, ship wrights, and Compositione wth ye ffrench men, we refer you to mr Threa' letters, wch though they haue had noe better success, yett was not his care and excedinge charge wantinge, even to ye neclect & great hinderance of his owne p̱ticular, For the Blowmery we refer it to our next letters, As for ye Petitions, wth our best conveniencℯ, we will give them dispatch some of them havinge been deferred for wante of Solicyters, but of these you shall haue a fourther accounpt by mr harte,
Concerninge ye disparagmts of the plantatione, wch we vnderstande to p̳ceede only from ye Corupt harte of one who but for ye respect of yt place wch he had formerly vndeservedly borne, might iustly haue receaved exemplary Punishment for his Venery and drunkeness, we neede say noe more, then yt the informer, who it should seeme cam pourposely for a spie, never sawe most of those places where he Complayneth of findinge such wants & devastations, wt he gaines him self in this, we may give him in ye rest, but we will referr his Vnmaskinge of Virginia, to a p̱ticuler vnmaskinge of him by the generall assemblie, in as much as Concernes ye Countrey, and by our selves in ye slanders that concerne or goverment,
We haue donne all yt lay in our power to p̳cure you a reimbursment for ye charges of ye fort Vndertaken by Capt Each, wth other expences con- cerninge ye abigall, but finde a generall vnwillingnes (not to say an opposi- tion) in all almost but our selves, wherof as yett we cannott but shall after ye generall assembly wch is alredie sumoned, give you an accounpt, how- soeuer yt accounpt of yours mentioned in your letter to be sent, is not com as yet to our hands, Conceringe the forte ye men were levied through- out ye Countrey, but supplies sundry ways expected having fayled, made us vnable to feede more mouths then would only suffice to keepe ye place, together wth sicknes yt fell vppon many, who although they stoode extra- ordinarie well to health at the tyme of ye date of our letters (that we be not wrongfully taxed for wrightinge placentia) yett suddenly after fell fell downe in great numbers in many places, and that it be not often repeated, we frely confess yt yf our men had stood indifferently to health, we were liable to these aspertions, in ye fay[linge] of many of our vnder- takingℯ, wch our malitious adversaries impute to or neclect, we haue wth much ernestness ymportuned Capt Smiths patienc to stay vppon the place, who hath donne as much as could [be] expected from him, and doupt nott butt in ye generall assemblie we shall haue as willinge asistenc from those, yt haue hitherto hunge back in p̱fectinge ye same wth dew expe- ditione,
Thus referringe other thingℯ to our next letters, wch shalbe written after the generall assembly, beseeching god to free both you and us from the malice of our adversaries and to give his blessinge to our endevors and sufferingℯ we humbly take our leaues and remane,
Devoted to your service
Fra: Wyatt
fra: west
Georg Yardley
doctor Jo: Pott
Capt Roger Smith
[A letter of the Governor, Council, and Assembly of Virginia to the King, in answer to Captain Nathaniel Butler's "The Unmaskinge of Virginia" (February), 1623/4, is printed, with slight and unimportant variations of text, in the Journal of the House of Burgesses of Virginia, 1619–1658/9, pp. 23–25, from Stith, History of Virginia, pp. 307–312, who probably took it from (2).]
To the right worll͠ Sr Francis Wyatt knight etc.
The Humble Petition of Wm Ganey
[21] Most humblie sheweth, yt whereas for the space of these tow yeres I haue been Employed by Capt Thomas Nuce late deceased, as well for Newfoundland as for other trading voyages, himselfe alloweing yor pe- titioner six pounds sterling by the month, as by Couenant vnder his hand appeareth Now so it is yt Capt Nuce being for a long tyme verie sicke desired yor petitioner to be Contented, and not to call him to any accompt, vntill hee recouerid, And wither hee liued or dyed yor pet̃ioner should be fully satisfyed to his Content, but now hee being deceased yor pet̃ioner is vnsatisfied,
In Consideration wherof & for yt ther is due to yor petitioner from Capt Nuce, as apeareth in & by ye bookes of accompts kept betwixt them it doth planely appeare, The some of 201 pounds of tobacco, & 289li sterling & x/s for wages due to himselfe & the shipps Company, wch yor pet̃ioner hath paid, to the great hindrance of him & his, Hee most humblie beseecheth yor good worps: for to take such order in this so Just a Cause, that yor petitioner may be sattisfied what is due vnto him, for yt is hee is engaged to diuers & like to loose his Credit vnlesse by yor worps fauor hee may be releiued, vpon his hopes doth soly depend & hee shall eu9 pray for tem- porall felicyties in this worlde, & eu9 lasting ioy in the worlde to Come Mr Thresuror gaue him Content by the seruice of six of the tenants.
To the right Worll͠ Sr Francis Wyatt knight Gouernor and Captaine
generall of Virginia.
The Humble Petition of John Barnett
[22] In all humblenes of Duty sheweth yor petitioner, that whereas John Clarke of London Mariner, & late deceased in this Cuntry, was hired by mr Daniell Gookin & Jon Edwing owners of the good shipp Called ye Guidence of Bristol as pylott to bring the sd shipp into Virginia, wch hee well p̱formed as mr Kensam Mr of ye said shipp being thr present Can testifie, the said mr Gookin & mr Edwing agreeing wth ye said Jon Clarke to giue fower pounds as by a Coppy of the agrement appeareth, so it is that ther is due to the said Jon Clarke fro' them for 12 months wages, weh Cometh to 48li sterling And for yt ye sd Jon Clarke hath left a poore widdow behind him in great distresse & misery haueing a great Charge of poore Children, & nothing to releive them, but this wages due to her late husband,
In Consideration wherof & for yt ye sd Jon Clarke hath form9lie had much losse & hindrance by this Cuntry, being Caried away in a spanish Caruell. May it please yor good Worps. to dyrect yor warrant to Liuetenant Sheap- ard, who is mr Gookins Agent here, to giue sattisfaction for ye sd 48li pounds & the poore widdow & her Children shall eu9 pray etc
See the Acts of Court the 4°. Febr. 1623 The like granted to ye other widdowes of ye Marriners of the said shipp here Deceased. See 13° Febr. 1623
To the right Worll͠ Sr Francis Wyatt knight
The Humble Petition of Robert Poole
[23] In all humblenes of Duty sheweth yor poore petitioner, that whereas ther is due to him for his puplique seruice for this Cuntry the some of 563li waight of Tobacco, & 12 barrells of Corne as by one accompt therof herevnto annexed doth truly appeare, & wch should haue been paid vnto him the last yeare, Now so yt is may it please yor good Worps, that yor poore petitioner is indebted & engaged to diuers men for needfull & neces- sarie Coms hee bought & receaued of them, & wch are yett vnsattisfyed, in regard wherof yor petitioner is threatned by his Creditors to be arested & trobled wch wilbe to his great Discredit & vndoeing, hee haueing no other meanes to giue them sattisfaction, but wth this wch is Due to him.
In tender Consideration wherof hee most humbly beseecheth yor good Worp's, & the rest of the Coũusell of estate, for to Com̄isserat his present distressed estate, & to take such order for his releefe, that hee may receaue the wages due vnto him, wherby to giue his Creditors honest sattisfaction, & hee shall not only be ready to p̱forme his best seruice alwaies at all tymes for the good of this Cuntry, but shall eu9 be bound to pray etc
Giuen him By the Generall Assembly 500li waight of Tobacco: besides his helpe receaued by Trading Voyages.
["The answere of the generall Assembly in Virginia to a Declaration... exhibited by Alderman Johnsone and others", February 20, 1623/4, is printed in the Journal of the House of Burgesses, 1619–1658/9, pp. 21–22.]
[A letter of the Governor, Council, and Assembly in Virginia to the Privy Council, February 28, 1623/4, is printed in the Journal of the House of Burgesses, 1619–1658/9, pp. 26–27.]
To the right worll͠ Sr Francis Wyatt knight etc and to the Counsell of
Estate
The Complaint and petition of John Haruey Esquier
Whereas at this p̢sent whilst yor petitioner according to the Com̃andement of ther Lops is here busied in his in his Maties seruice, John white one of the mrs mates of his shipp the Southampton, being abetted by Robert Guyar mr of the said shipp, hath most pernitiously framed a mutynie or devision among the shipps Company, & hath been so Impudent, yea insolent, as to deliuer into the hands of yor said peticioner, (by whose bread hee liueth at all) of ther names, whose myndes hee hath seditionly alienated fro' ther duty, for the vtter ou9throwing of ye voyage wch yor said petitioner, being sole honor & aduenturer of the same shipp now intendeth, & for the p̱formance wherof hath been a great Charge of fower thousand sterling at the least. All wch notwthstanding, & that ye right Honobl͠e the Lords of his Maties Counsell for new England haue been pleased by ther Comission and Instructions to giue in Charge the admirallty of those seas, & also that ye said shipp is to returne hither wth her lading of fish to the great releife & saffeguard of this plantacion, the said white, abetted by Guyar as aforesd, still p̱sisteth in his mutinous practice, not only to the intollerable Damage of yor said peticioner but also to the manifest hurt & disfurnishing of this Cuntry, & to the hindrance of his maiesty seruice ther in New England.
Humbly desireth yt in respect of ye gt damages hee hath already sustained & greater hee is like to sustaine by ther meanes, you would be pleased to depositt ye goods, & attach the persons of these tow ringleaders of Mutynie, & to employ them in some seruice of the Colony, tell such time as order may come fro' ther Lops of ye priuy Counsell of England for ther farther Censures.
And yor peticioner as well here as in England by his affectionat seruice shalbe alwaies ready to expresse his thankefullnes
To the Honoble͠ Sr Francis Wyatt knight etc and ye right Worll͠ the Counsell
of state
The answer of Robert Guyar and John White to ye Complaint and Petition of Capt John Haruey Esquier
Whereas it is obiected that Robert Guyar abetted Jon White to make a muteny or deuision among ye shipps Company, it is denied by them both, yt any other order was giuen by the one, or rec' by thother then to know of the shipps Company, whoe were willing, & whoe not, to alter ye former designes that they were shipped vpon, wth out any mocion of perswading or diswading them any thing, Intending rather for the good of Captaine Haruey then otherwise, and John white denieth yt hee used any p̱swations, but only demaunded ther opinions
ffor Muteny (if any be) Robert Guyar holdeth it to be Com̃itted against himselfe by Capt Haruey & his Confederates (hee affirming that whoe so would not runne his Course hee would Cutt his throat, in regard hee knew none of the shipp to haue Comand aboue him, Esteeming him selfe mr & Comaunder, As well by a deed vnder the hand of Capt Haruey (weh hee is ready to p̳duce) together wth Capt Harueys affirmation both ashoare & aboard, that hee Came no otherwise then a passenger aboard the shipp, As by a Comission hee had fro' the Company of virginia in England, wch Capt Haruey gott from him by intreaty) at the westerne Islandℯ vnder p̢tence to shew it the Gouernor ther to Certifie whether wee were bound wch Comission hee saieth hee hath torne, if in Contempt hee referreth to ye Censure of this board
As for the roll of names alleged to be so Impudenly & insolently deliued to Capt Haruey, they doubt but it wilbe a maneffestation, that they ment no prejudice, but rather benefitt vnto him, that therby hee might Consider, if it were his best Course to vndertake ye Designe, wth vnwilling men. Had they knowne before ther Coming out of this voyage of the Commissions & Instructions fro' the lords of his Maties Counsell for New England vnto Capt Haruey, Doubtlesse they would haue either willingly haue submitted themselues thervnto, or haue Craued liberty not to p̳ceed in the voyage
And now Considering yt not only Robert Guyar & John white, but also the rest of the shipps Company at the first vndertooke, & were hired to Come first hither, hence to Canada, fro' thence either to Portucall, Biscay of France & so home againe, they humble desier to p̳ceed in ther first in- tencions, otherwise that by the authorty of this board, Captaine Haruey may be Caused to putt in suffyent suerties to discharge what Robert Guyar is engaged for him, & to discharge & pay what is otherwise Due vnto him & the Shipps Company, And that Robert Guyar & John White may be remitted fro' further Employment wth the shipp, not p̢sueming wth Capt Haruey to p̢scribe to yor Honor & worps what punishment should be Inflicted vpon him, for what (vnder Correction) wee Deeme little lesse then Double Dealing & slander,
Subscribed
Robert Guyar John White
To the right Worll͠ Sr Francis Wyatt knight etc and to the Counsell of
Estate, the second Complaint and peticion of John Haruey esqr.
[33.] Sheweth not wthstanding yor pẽtioners Commission for the Admi- rallty of New England was yesterday twice publiquly read at this Counsell board in the heareing of Robert Guyar & John White the p̢tended mr & masters mate of the southampton, & therby yor petitioner was Certainly knowne by all that were then present to be appointed & authorised fro' ther Lorps of that Counsell in England, to goe Admirall in & aboard the said shipp for New England, & notwthstanding yor yesterdaiℯ order, that the said Guyar & white should haue no Conference wth any of the shipps Company, & also notwthstanding yor said petioner the sooner to expedite his voyage, for p̱formance of his said admyrallty, appointed yesternight that his long boate wth seauen of his men should goe vp to Flouerdie hundrd to fetch Downe him for makeing his hart & furnace, The said Guyar about midnight in high scorne & Contempt of ther Lorps Commis- sion vnder his Maties seale for that Counsell, & of yor authority also, as if hee had some greater power in himselfe, & vtterly to hinder the preparation of yor petitiors voyage for his Maties seruice in those partℯ, & his returne hither for the releife of the Colony in these tymes & straightnes & Danger, & to stirr vp the Coles of Muteny once againe, sent Comand aboard the same shipp to those of his factions, that no boatℯ should moue fro' the shipps side, tell other order Came fro' him ye said Guyar, and (abususing wth all the best name in the Cuntry, fro' ye gouernr and so yor peticioners authorty of Admirall is trampled vnderfoot
And therfore yor petitioner humblie desireth that seeing they are fallen into a relapse farr more hanious & willfull then ther former error & that ther is so Cleere Euidence against them, & that white said last night, ther should be a tricke for the Captaine viz Yor peticioner, you would be pleased for vindicating the honor & authorty of his Maties seale, & also for his Maties Counsell of New england, & of yor selues the Gouernor & Counsell of estate here, & to Cleare away to ye releife of this angustiated Colony & for ye saffety of yor peticioner now threatned & hindred in his Maties seruice here to Cutt of all Delayes of examing further wittneses, wch may be occasion of new mutenie and Danger in the same shipp & forth wth to send vp to two mallefactors to some remot part vp the riuer, there to be in saffe Custody fro' breeding further trobles, either by word or writing among the said shipps Com̄pa, & also to attach all ther goodℯ in the Cuntrey for sattisfying yor petitioners damages, till such time as order may come from ther Lorps in England, how these two shalbe disposed of
To the hono:ble͠ Sr Francis Wyatt knight etc and the right worll͠ the rest
of the Counsell of State
The answer of Robert Guyar and John White to ye second Complaint and peticion of Capt John Haruey esqr
Touching Capt John Haruey Com̃ission for the Admirallty of New England, & all the authority that by vertue therof can lawfully bee Challenged, ou9 vs, wee willingly submitt orselues thervnto no way Conceaueing it to be here in force.
Hee Inferreth yor order prohibiting or priuat Conference wth any of ye shipps Company, as though hee would, but indeed nether doth, nor Can iustly accuse vs of the breach therof
His p̢tence of sending men to flouerdieu hundred to fetch him, is by vs Coniectured to be meerly an excuse to send them out of the way, that they should not bee present to testifie the truths in or behalfs, ye rather for that (as it is not vnknowen vnto them, Robert Guyar had formerly sent men to Warrisquiacke for that purpose, the Jealousy of such an excuse was ye cause (it is Confessed) that Robert Guyar sent word by mr Dennis his boat & men aboard the Southampton, entreating them to speake to one of the quarter mrs to will the rest of the Company not to absent themselues, because the Gouernor would send for them the next Day, thinking himselfe to haue no small Cause so to doe, in regard Capt Haruey so earnestly pressed for Speedy Sentence to be p̳nounced, alledging a Crime to depriue him of life, Wherfore wee hope this board will not Censure it to be done, either as hee alledgeth, in Contempt of ther Lorps Com̄ission, or of yor Authoritie, or to the intent to hinder his voyage or to stirr vp muteny
Esteeming orselues formerly to haue Comitted an error, (wee Conceaue not how wee should haue been fallen into a relapse, we thinke wee mr fentons euidence so cleare (for the trucke) for it may well be supposed that hee remembreth not what was spoken by himselfe, or others at that tyme, in regard that men are & wilbe disposed to words (that hee vtterly denieth to haue spoken) Not a man among so many heareing John white vse the words, that mr fenton sweareth hee did speake,
And that Capt John Haruey still wisheth insisteth vpon p̢scription of punishment, it being in or opinions aboue a peticioner priueledg, & that besides those those things that are [devuliped ?] & [blank], Robert Guyar by his former familliary wth him, haueing warrant fro' his owne mouth Just Cause of Jealosy, that hee hath further Athorty, that is yett manifest here, Wee humble desier by the authoritie of this board, to haue itt vnder his hand in writing if hee haue any further power to Comand the Gouernor, then is yett reveled or not
Subscribed.
Robert Guyar John White
To the Right woorpll Sr ffrancis wyatt Knight Gou9nor and Capt generall
of Virginia, and to the right woorpll and others of the generall As-
sembly.
Beinge at this p̢sent employed by the lords of his maties most Honor̃ble privie Counsell, to geve theire Lorps: an exact accompt of the present Estate of this Colony in divers Considerable respects, and for that Cause findinge it necessary for us to vewe every p̱ticuler Plantatione, wee are to intreate you to give us your best advise and asistance heerin, And now before the disolutione of this woorthie Assemblie, to resolve of the beast means how wee may p̱forme that Service soe much desired by their Lorps.
John Haruey John Porey. Abraham Peirsey Samuall Mathews
[The Commissioners' letter addressing four propositions (inquiries) to the Assembly, March 2(?), 1623/4, is printed in the Journal of the House of Burgesses, 1619–1658/9, p. 37; the Assembly's reply, March 2, is printed ibid., pp. 38–39. The Commissioners' letter to the Governor and Council, March 2, 1623/4, the form of subscription presented, and the Assembly's answer, March 2, are printed ibid., pp. 39 and 40.]
[The Assembly's request for an exhibit of the Commissioners' authority, and their answer, March 2 and 3, are printed in the Journal of the House of Burgesses, 1619–1658/9, pp. 40 and 41.]
For the Laws and Orders of this date, Doc. No. CDXXXVII A, see p. 580, post.
March 5, 1623/4[The order of the Governor, Council, and Assembly concerning a levy of tobacco, March 5, 1623/4, is printed in the Journal of the House of Burgesses, 1619–1658/9, pp. 41–42.]
To the right Worll Sr Francis Wyatt Knight etc and Counsell of Estate
here Assembled
The Humble Petition of Henery Horner
In all humbleness of duty sheweth to yor good worp. yt in July last past yor humble petitioner, vpon some former & familiar accquaintance wth mr Jon Procter of virginia, vpon some Conference had wth him vnderstand- ing by him, yt hee was intended to come our into this Cuntry & vpon ye good report hee gaue of ye Cuntry I eur conceauing a good opinion of him was induced therby to come our in[to] this Cuntry wth him, desiering to haue his best aduise & freindlie dyrections, what Coms were most benifitiall for me to transport for this Cuntry, whervpon ye sd mr Procter gaue yor petitioner an Invoyce of all such needfull necessaries & p̳uitions as were most fittest & Comodious for me to bring our wth me. And wth all told me that all those goodℯ of myne should be shipped in his name, otherwise they would not bee receaued into the good shipp called the George, onlie willing me to p̳uide him money wch accordingly I did refering myselfe soly to his vpright and honest dealing wth me, aswell as the shipping of goods, as also to p̳uide me a man seruant, wherunto hee answered me saying yt hee had daly Choice of men offred him, willing me not to troble my selfe therwth the Charge of my p̳uitions, the fraight therof, & the passage of my selfe & my man amounting to the some of 48li 17s 9d wch money the said mr Procter receaued of yor petitioner to a peny as planly shall appeare to yor worp as Concerning ye man hee p̳uided for me named Richard Groue hee had bound him vnto himselfe, enioyning men to say anything vnto the said groue, before hee Came aboard the shipp, & then hee would resigne him our vnto me. I paid for ye horse hier of ye sd Richard Groue fro' London to porchmouth, & since his landing here I haue found him meat & drinke apparrell & lodging & both at sea & since his landing here hee hath been eur reputed & approued my seruant, but most wrongfully hee detaineth him fro' me only hee will assigne our vnto me on Thomas Flower another man for three yeares, wch now he also denyeth to p̱forme, bidding me Complaine to yor worp.
In Consideration wherof & for yt yor petitioner is a poore yong gent' & hath been meerly deluded & wronged by the said mr Procter to his great discorragement losse & hindrance, May itt please yor good worp to grant yor warrent to Cause the said procter to Come before you, yt by Course of equity & true Justice you req[uire] him to resigne & deliuer vnto him me as well all my goodℯ as my said servant to the end that I may bee both mr & disposer of what is my owne, for that I fully purpose neur to haue any further dealing wth him or any the like, & yor petitioner shall eur haue Just Cause to pray etc̃.
See the Court holden the 9th of March 1623
The Humble Petition of Richard Quaile to the honoble the Gouernor with the right Worll and Worll the Assistant in Counsell
Honorable, right Worll etc
[24] May itt please you to vnderstand, yt yor & distressed suppliant haueing fro' yor iust Censurℯ vndergone punishment for myne offence, haue p̢sumed vppon yor wonted goodnes to p̢sent this my humble petition, most humbly Craueing at yor handℯ, to bee pleased to Cast an Eye of pity vpon my pouerty, & to vouch safe to lend mee on hand to raise me vp againe, as you haue had an hand to humble me, I beseech you let my poore Case plead my Cause, who haue made of this place a meere plantac̃on of sorrowes & Cropp of troblℯ, haueing been plentifull in nothing but want & wanting nothing but plenty, It is not vnknowne, how I haue buried my good fortunes in my servants Deaths, in long sicknℯ of my selfe & the death of my wife, so that the pillars of my raisings are fallen, & I Cannot expect to stand long after, besides all wch (euen wch Compleateth the number of my Calamities, I haue so little to trust to my future releife, that I am more indebted to others, then I Can wthout my great hurt, and damage discharge, I beseech you therfore, honorable and right worll to pity my estate, & not to suffer me to sincke in the dreggℯ of extremytie, but of yor owne Clemmency & my vnfained sorrowe vouch- saffe to pitty me, & be pleased to ease me of that heauy burthen of my fine Imposed on me, wch I am not able to vndergoe, Let pity pleade my pardon & my misary second it, and in tyme to come (god assisting) my fidelity to my King, my Cuntry & you, shall giue you Cause not to repent of yor vnderserued fauors.
Yor Humble distressed suppliant
Richard Quaile
See examinations taken 9o. September. 1623 & his sentence giuen vpon
the 11o. March 1623
To the right Worll Sr Francis Wyatt knight and the rest of ye Worll Coun-
sell of Estate
The Humble petition of George Harrison
[25] Most humblie sheweth vnto yor worps: yor petitioner, that whereas yor said petitioner had certaine goodℯ & fower men shipped into the good shipp Called the Marmaduke into the handℯ of mr Dennis being mr by Jon Harrison of London to be deliuered vnto yor petitioner his brother, all fraight for goodℯ & passadges & paid vnto the said mr Dennis. Now so it is that ye sd Dennis Coming by the West Indies, ther to deliuer some Certaine goodℯ & passengers, did giue & grant vnto one of yor sd petition- ers fower seruantℯ at the request one Lifetenant Ben to helpe the sd liuetenant to shore wth ther goodℯ, & by that meanes did there leaue yor petitioner said seruant, & this the other three will testifie vpon ther Oathes & the said mr Dennis will not allow or giue any sattisfaction or Content to yor sd petitioner for his servant so lost by his owne negligence to the great hindrance & losse of of yor sd petitioner,
May it therfore please yor Worps. to send for the said mr Dennis before you, wherby such order may be taken, that yor said petitioner may haue & receaue such good [con]tent & sattisfaction of the said mr Dennis for his lost man, as yor Worps shall thinke in that Case to be meete and Con- venient, And yor petitioner shall eur pray for long life & happines
See examinations 23o March 1623. examinations & sentence March 29o 1623
By the Gouernor & Capt generall of Virginia
To all to whome these presents shall Come greeting in or Lord eurlasting
Knowe yee yt I sr Francis Wyatt Knight Gouernor & Capt generall of Vir- ginia. Endeuoring the suffyciencie of Corne to releiue ye necessitiℯ of this or Cuntry, doe by these p̢sents giue leaue, power & authoritie vnto Capt Rawleigh Croshawe to Embarge himselfe & his Compa in the ye good shipp called the Elizabeth, & to sett sayle wth ye first oppertunity of wynde into ye Bay into any riuers, Creeks or habors to vs appertaining ther to trade wth ye saluages for Corne or any other Como they Can afford him p̳uided yt it shall not be lawfull for the said Capt Rawleigh Croshaw nor any of his Company by force to compell ye said saluages to trade nor to kill or to offer them violence or injurie (except in ther owne defence vpon great suspition of tretchery intended against them to the danger of ther liues, And for ye better managing of this Imployment, & redressing of all disorder & mutynies incident to such affaires, I doe by these presents nominate & appoint him the said Capt Rawley Croshaw absolute & sole Comaunder during this voyage giueing him full power & authoritie to punish all sorts of offendors according to ye lawes & Customes of the seas, And such further power to punish at his discretion life only excepted, as is incident to anie Capt Comannder or officer of his quallitje. Giuen at James Citty vnder my hand & ye seale of this Colony March the xvjth 1623.
Francis Wyatt.
To the right Worll Sr: Francis Wyatt knight etc and to ye Counsell of
Estate the third petition of John Harvey Esqr
[34] Whereas after yor peticioner had this morning aboard his shipp the Southampton published his Com̃ission for the admyrallty of New England, that part of the shipps Company that adheareth to Guyer & White, did mutiny more then before, and being Comaunded to ther worke, refused, takeing away the boate in despite of the boateswaine, Coming tumoul- tuously ashoare, and vnreuently disobeying the Gouernor himselfe, when hee willed them to returne aboard, yor peticioner hath Just Cause to doubt least they should make a bulwarke of his shipp against yor authority, & against the saffety of his person & estate.
Humbly prayeth that for preuention of all further danger threatned by these Mutynerℯ against yor petitioner, ther persons may be remoued of the shipp ere such tyme, as the whole body of the Counsell doe meete for the farther debate of so waighty a Cause, the wch meeting hee desireth may bee wth all speed possible, for ye wch fauor hee shall rest much bound vnto you
To the right honoble Sr Francis Wyatt Knight etc the right Worll ye
Counsell of state
The Humble Petĩon of Robert Guyar and John White
[35] Whereas Capte: John Harvey Esq. hath and doth p̳secute law against yor petitionerℯ p̢tending them to be mutiners, whervpon it pleaseth this board to p̳hibite them from goeing aboard to ther no small p̢judice, losse of tyme, & if some speedy order be not taken for redresse vtter subuersion of all ther designℯ
May it please therfore this honoble Court to p̳ceed to Censure, either to Condemn or Cleare yor paticioners of these accusationℯ, that are laid to ther Charge, and to take such order that they may p̳ceed in ther first intended voyage, otherwise to bee discharged fro' further Employment in the ship. And that Capt Harvey may put in suffitient suerties to discharge what Robert Guyar is engaged for him, & that hee may pay what is other- wise due to him & the shipps Company, beseeching you to take into yor Consideration how pretious tyme is, & how p̢iuditiall the losse therof
Robert Guyar John White See Court holden the 23, 24, and 25 Marche 1624
To the honoble right Worll etc. the Gouernor and Counsell of Estate in
Virginia
The humble Petition of Jane Dickenson Widdowe
[28] Most humblie sheweth that whereas her late husband Ralph Dicken- son Came our into this Cuntry fower Yeares since, obliged to Nicholas Hide deceased for ye tearme of seauen yeares, hee only to haue for him- selfe & yor petitioner ye one halfe of his labors, her said husband being slaine in the bloudy Masacre, & her selfe Caried away wth the Cruell saluages, amongst them Enduring much misery for teen monthes At the Exspiration it pleased God so to dispose the hartes of the Indians, yt for a small ransome yor petitioner wth diuers others should be released, In Con- sideration that Doctor Potts laid out two pound of beades for her release- ment, hee alleageth yor petioner is linked to his seruitude wth a towefold Chaine the one for her late husbandℯ obligation & thother for her ransome, of both wch shee hopeth that in Conscience shee ought to be discharged, of ye first by her widdowhood, of the second by the law of nations, Con- sidering shee hath already serued teen months, tow much for two pound of beadℯ
The p̢mises notwthstanding Dr Pott refuseth to sett yor peticioner at liberty, threatning to make him serue her the vttermost day, vnlℯ shee p̳cure him 150li waight of Tobacco, shee therfore most humbly desiereth, that you wilbe pleased to take wt Course shalbe thought iust for her releasement fro' his seruitude, Considering that it much differeth not from her slauery wth the Indians, & yor peticioner shalbe bound to pray etc
See the Court holden March the 30th 1624
To the right Worll Sr Francis Wyatt Knight etc
The Humble Petition of John Hall
[26] Most humbly sheweth that John Johnson agreed wth yor petitioner to goe in his place & stead in ye last March wth yor worp for wch hee was to pay yor petitioner the somme of tenn poundℯ sterg wch hee refuseth to pay & wrongfully detaineth fro' him forty shillingℯ sterling, wch yor peti- tioner pad for apparell for his seruant made, for all wch debtℯ yor petitioner Can gett no honest sattisfaction
I in tender Consideration whereof, & for yt yor poore petitioner hath recd great losse and hindrance by goeing the March, & now standeth in great want of p̳uition & thingℯ necessary to releiuf himselfe & his Charge, yor petitioner most humbly beseecheth yor worp to grant yor warrant to Cause the said John Johnson to giue yor petitioner due sattisfaction
See Aprill 12o. 1624 and Aprill 19o 1624 when the mater was ended
Right Honor̃ble &.
Since our last Letters, we haue mett in our generall Assemblie, wherin we haue Considered of those thinges, wch may most conduce to the good of the Plantation, and haue sent the p̱ticulars of our p̳ceedingℯ by Mr. John Pountis, ellected by the Generall Assembly to Solicyte our Comon trust cause wth the Kingℯ most excellnt Matie and the Lords of his most Honor̃ble Privie Counsell, wherin we doupt nott but you will express your noble and Accustomed Zeale to this worthie Acc̃on, in yor countenance advise and furtherance of our affayres,
The many misinformations and wronge Conceptions of those, whose Knowledg must depende vppon vncertaine relationes, hath induced us and the Countrey in generall to present Virginia wth her severall Estates and Condicions, the grounde of her evills and ways of her restauratione, Which we hope shall vindicatte her Excellency, your Zeale, and our endevors from malice and factione,
Wee haue little more to informe you of at this tyme, then what these relationes and our last Letters Comprehend, only the Colony is at this tyme in very good health god be praysed, and furnished wth store of provisione, And a greate impyetie it was in those, whose slaunders haue kept back such supplies of People as intended to come over,
Our Contynuall troubles haue Exhausted that Powder and shott wherwith wee were p̳vided the last yeere by your Care, we desire a large and sudden Supplie.
We humblie take our leaves and rest devoted to your service Maye the 12th 1624
Aperill the 17th 1624
Francis Wyatt
George Yardley
George Sandis
John Pott
Roger Smithe
Raphe Hamer
To the right Honorbl Henry Earle of Suthampton with the Lords and others
of the Counsell of and Company of Virginia
Honnorable Knight
I and my frends appointed, haue don our vtmost endevors for searching out the truthe in answer to those com̃ands which the Lords of his Maties Privy Councell were pleased to send vnto vs; and doe finde the pes persons ∥heer∥ to bee more in number, and provision of victualls to bee more plentifull then wee expected, after the Massacre and so great a mortallity both of men and Catle, but theyr is great want of Am̄unicion, and diuerse solitary plantations too slenderly peopled, to avoyd the vigilancy of so subtile and nimble an enemie, wherby, and by the stupid securitie of our nation it is to bee feared, that in Som̄er time when the corne and weeds are growne high, heer will bee much mischief done, as the Attempts of the Indians in these two months of Marche and Aprill, a beadroll wherof sent to theyr Lops Mr Pory will shewe you, doe shrewdly prognosticate. Other- wise were the Indians driven of from infesting our people and Cattle, as with no great forces in two or 3 yeares, they might bee, then the Plantation wth good government would vndoutedly flourish. in February at our com̄ing in, they were heer mett in a generall assembly, the first friutes wherof, were most bitter invectiues in the highest pitche of spleen and detraction, against the twelue yeares gouerment of Sr Thomas Smith, and in answer to Mr Alderman Jonson and Captin Butler, with a letter, petition, and other things all presented partly to his Maty and partly to the Lordes, the coppies wherof wee haue attained vnto, for your and theyr better information, and doe hope they will come to your hands before the delivery of the Originalls, by Mr Pountess, the messenger of the gennerall assemblie; Ever since the arrivall of the Bonny Besse wch was in September last [2] these stormes haue bin a breeding, and at our arrivall at James citty, wee found mens mynds fully possessed.
Longer I need not trouble your patience through the hand of so vnder- standing and well furnisht a messenger.
In this countrye I remaine perforce, till my ships retourne from Cannada, after which time, if god keep mee alive hauing been wintered and somered heere, you shall knowe my opinion of the place to the full; So desiring to bee remembred in all humble manner to my most honble good Lord the Earle of Warwicke I rest.
Yours most affectionate at your seruice
John Haruey.
Virginia the, 24th of Aprill 1624.
[Directed:] To the honble Sr Nathaniell Riche knight giue these.
London.
[Indorsed by Sir Nathaniel Rich:]
Cap. Jo. Haruyese ɫre to me from Virginia dat 24. April 1624. rec' by
xjth June Mr Jo. Pory ii June 1624
Trusty &c.
Whereas wee have taken notice That some of the Virginia Compagnie have presented a Petition to our House of Commons, and doubting it might occasion the repetition, and renewing of those Discords, and Contentions, which have been amongst them, and which by our great care, and the Directions of our Counsell are in a good way to bee composed, We doe signify to our House of Commons, That wee hold it very unfitt for the Parliamt to trouble themselves with those Matters, which can produce nothing, but a further increase Schisme, and Faction, and disturbe the happy and peaceable proceeding of the Parliamt which wee hope your cares (as hitherto they have done) shall concurr with ours to bring to a good issue. As for these businesses of Virginia, and the Barmudoes, ourself have taken them to heart, and will make it our own worke to settle the quiet, and wellfare of those Plantations, and will bee ready to doe anything that may bee for the reall benefitt, and advancement of them. This we thought good to intimate to our house of Commons, not out of favour, respect or mediation of any party, but of our own Princely love, and regard to our House of Commons, And wee earnestly desire to remove all occasion, that might either disturbe the Peace of it, or hinder you from your more great, and weighty Occasions, and assure ourself our house of Commons will take in good part, and correspond with us herein, as they have done in all things else during this Session. Given &c at Windsor, April 28, 1624.
Spanish Tobacko.
Your Maties: moast humble Commons, taking into carefull consideration, the greate wante of mony in this your Realm at this day; wherby Rents are unpayde, Contracts broken, Bonds forfeited, Marketts and Fayres much deserted, or unfrequented, the better sort impoverished, and the meaner (for want of meanes in the better) not sett on worke; extending, not onely to a generall Distemper amongst your Subiectℯ at home, but to the hinderance alsoe of Trade, and Traffique abroade; (mony being aswell the Mother as Daughter therof) And doubting, least the same wante, may in fyne alsoe redounde to the preiudice of your Maty: in Subsidies and other Dutys, graunted or to be graunted for the seruice of your Maty; and necessary defence of yr Kingdoms: they haue thought fitt, to present one prince to your Mate: princely regard one principall cause of this want, amongst diuers others, wch the streightness of tyme, doth exclude from exact ∥and full∥ consideration.
It is generally knowen, that the West Indies, are at this day almoast the onely Fountayne, and Spayne as it were the Cesterne, from whence Silver is deriued into all parts of Christendom.
The cause of the greate Importation of siluer from thence into this Realme, hath beene for that Spayne having soe greate need of many English Commodities and being not able to Counterballance them wth their owne, they haue beene forced to make the acompt eeuen wth Mony.
But since this Weede of Tobacho hath growen into request, they haue payde, us (as their Prouerb is) for all our Commodities wth Their Smoake: And the vayne of there siluer to us ward, hath beene in a manner dried upp, to the Loss of a Million and a halfe in mony in theese fifteene yeares last past.
For uppon very full and exact examination, it hath very playnely and undeniably appeared, that what by vndersale of our Natiue Commodities to make ready mony ∥for∥ of their Tobacho, what by the mony itselfe payde unto them for that weede, there hath beene lost ∥losse∥ to this Kingdom of one hundred Thousand poundℯ euery yeare, which else would haue returned in mony from thence. And a miserable kynde of Trade hath been driuen wth that Nation, our Natiue Commodities being undersolde, and the forreigne ouerbought, and the Treasure of mony transformed into a Smoaking weed.
Your humble Commons therfore, moast instantly craue of your Maty, that the Importation of Tobacho, may bee prohibited from all ∥other∥ partℯ other then save your Matℯ ∥owne∥ Dominions, according to the Practize in like Cases in all other Nations, in fauour of the natiue Com- modities, and of their Naturall People.
[Indorsed:] Petitions to Parliamt reɫ to Virginia.
To the honoble Sr Francis Wyatt Knight Governor and Capt: generall of Virginia
The Humble Peticion of Richard Barnes gena:
[29] Sheweth that whereas yor petioner is iustly Conuicted of rash & most vnbeseeming wordℯ against yor worthy person, before ye Counsiel of State in this Cuntry, & is thervpon worthily Censured to vndergoe Certaine punishmentℯ, his moste humble peticion is yt howsoeu9 hee Confeseth himselfe vtterly unworthie of the lest fauor from you, yett if you would be pleased of yor accustomed goodnes to mittigate the sd Censure, as to yor wisedome shall seeme fitt & yor petitioner shall not only pray, as by duty hee shalbe bound, for yor reall p̳sperytie but shall eur desier ytt, & thinke himselfe most happy, if ther be eu9 an occation offered, wherby hee may shew him selfe truly thankefull for soe extraordinarie & vndeserued fauor, & if it be possible make reparation for so fowle an Iniury to so noble a gentelman as yor selfe,
See examination of ye fifth of May, & his Censure vppon the 10th of May 1624
Right Honobl͠ &.
Wheras the generall Assemblie, at the Comissioners request, haue An- swered [in] wrightinge vnto fower p̳positiones, wherein the Los: of his maties most Honorable privie Counsell expected Satisfactione from them, Receavinge a voluntarie p̳mise to p̱ticypate wth us, after they had more fully informed themselves, Theire Conceptiones of the same, wch beinge since demanded, was denied in this respect (vidz) that theire Lo: might haue the firste Survey of whatt they intended to present,
We havinge the same care, were prevented by mr Porye & who contrary to his p̳fessed integritie, Hath suborned the Clarke of our Counsell wth reward ∥and∥ p̳mises to betray our Secrecye, and to geve him Copies of all our p̳ceedings (for wch he hath receaved dew Punishment of his periurye by the losse of his eares,
Wherein we Cannott butt Suspect some Synister intentione of forstallinge our Counsells, the doupt wherof he thought A Sufficyent excuse to dis- ingage him of his solem p̳mise
We thought it our dewties, wth the firste, to acquainte you heerwth, that you may both vnderstande his duble dealinge (and prevent his practises) hopinge theire Lps, who ymployde him will give smale Creditt to any his p̱ticuler informations, which agree nott wth the generall, The Acte arguinge faction and noe way becominge the service
We humblie take our leaves & rest devoted to your Service
Maye the 12th 1624
Francis Wyatt
George Yardley
George Sandis
John Pott
Roger Smithe
Raphe Hamer
To the right Honbl͠ Henry Earle of Suthampton wth the Lo: and others
of the Counsell and Compenie of Virginia.
To the honoble: Sr Francis Wyatt knight etc and the rest of Counsell of Estate
in Virginia.
The humble Petion of Ralph Hamour
[30] Wheras yor petioner as well for monies aduentured in ye generall stocke of ye compa, as for transporting diuers seruant of his owne Charge, is to take vp a great quantity of land in Virginia, as also had a p̱ticular patent fro' ye Compa in England for a great plantation, as by the printed booke may appeare, wch patent was burnt in the Masacre, And for as much as yor peticioner hath been a planter in Virginia, theise fifteene yeares, & now a purpose to settle a plantacion already begune vpon an Island, Called Hogg Island, In wch Iland mr Robert Euers is by patent, granted about sixe yeares since by Sr Yardly knight then Gouernor of Virginia, to take 490 acres wch tell this time hee hath wholy neglected, & by vertue of the said patent laeth Claime to ye whole Island, Concerneing by estima- tion no lesse then 2000 Acres, my humble request is yt ye said mr Euers may be sum̄oned to appeare before this Court, to make proofe of his title of land in this Island, & also be ordred to Cause his 490 Acres to be servaide, & made a Choice of in some one part of ye Island not already Cleared & seated vpon, that so no doubt or scrupple of a good or sure title in the said Island, may be any hindrance for the plantacion therof, being euery way Comodious for the generall Colony in Virginia, & that it would further please this Court, Mr Euers haueing first made Choice of his land, to Confirme the rest of the said Island to yor petitioner, in p̱te of his shares of land due to him, excepting also that parcell of land Cleered by Sowthampton hundred Company, & yor peticioner wilbe bound to plant & seate vpon the said Island wthin these two yeres, so many persons, as ther shall apeare, vpon the suruaie of the said Island to bee single shares of land, I hope the reasonablenes of my request shall obtaine all lawfull fauor & furtherance the rather in respect the Company in England by ther patent granted me under ther great seale, gaue me liberty to make Choice of any land, not actually inhabited nor laid out for perticular deuidents And I shall eur, as I haue hitherto faithfully, Endeauor ye good & p̳sperytie of this plantacion
James Citty May the 30th 1624
See the Court holden the 28th of June 1624 & the 20th of June and the last of May next p̢ceeding
1624 Henry Earle of Southampton, & certaine other Lords of ye Virginia Privy Councell appointed a Councell for Virginia.
[Indorsed:]—Indies & Greenland.
[This is a note on the first page of a collection of notes, not chronologically arranged and ranging from 1556 to 1654]
14 June 1624
It is not vnknowen that at the death of yor cousen who was imployed in the Virginia busines there were remayning in his hands diuers L̃res and papers of importance concerninge those affaires wch may bee verie vsefull and therefore fitt to bee p̢served in safetie. And because his Matie is informed that those papers are either in yor custodie or where you may haue the commaund of them. His pleasure and comandement is that such of those papers as remayne wth you, you keepe safely, and carefully against such time as vse may bee made of them And if you knowe where anie of them are in the custodie of others, you are to call for them and cause them to bee putt in like safetie, that none of them bee Wantinge when there shalbe occasion to vse them. This is the charge &c
Sr Thomas Merrie
[Indorsed:]—June 14 1624
Sr Thomas Merrie Clerk of the Greene cloath.
[A petition of the Governor, Council, and Assembly to the King, June 15(?), 1624, is printed in the Journal of the House of Burgesses, 1619–1658/9, pp. 43–44.]
June 16 (?), 1624
Serjeant Rolle's Reports, vol. II. (Un Continuation des Reports de Henry Rolle, Serjeant del' Ley, de divers Cases en le Court del' Banke le Roy, en le Temps del' Reign de Roy Jaques), London, 1676, p. 455.
Le Roy port quo warranto vers Nicholls Ferrer, J.S. J.D. J.N. & alios Periclitatores & Plantatores pro prima Collonia London in Virginia, a scaver per quel Warrant ils claim divers Liberties; J.S. J.N. J.D. & alii periclitat' et Planters pro prima Collonia London in Virginia veynont et pleadont insufficientment, sur que le Roy demurre: et le question est, comme judgment serra enter? car le Mr. et Chief del' Company fuit inter- lesse in le quo warranto, et le judgment fuit done vers N.F. J.S. & J.D. & alios periclitator' &c. mes quere si ceo lia le Corporation.
Sr I conceaue it standℯ wth the duety I owe his Maty to giue him informa- c̃on that I heare the State of the Virg. Pɫt is so desp̱ate that both my self and other wth whome I have conferred doe apprhend yt the Comp̃ intend to neglect the sending of any supplyes thither & then by Clamor to lay the blame of the distrucc̃on of yt Pɫtcon vpon the p̳ceedings wch by his Matya direcc̃on haue been taken against them though in trueth they tended onelye to the redress of their abuses & this is app̱ent both by their com- plaint in p̱liament (where they sought to haue raised their owne reputac̃on vpon the ruine of others) and by their carryage since
[This letter ends abruptly here: on the next page is the following draft]
yow haue opposed my opposed or course for reforming th abuses of the plantac̃on you haue complained of my §our§ Comrs and of those that haue informed both me §vs§ and them whereby thingℯ those abuses might haue ben redrest y I §we§ cañot now in respect of other important business settle and the season of the yeare so farr spent enter into so through an §such§ examinac̃on of p̱ticulars §concerning the same§ as we intended: But seeing notwithstanding all yor clamor we are fully assured that by yor misgouermt the estate of that plantac̃on is brought into that §the§ wreckt estate wherein now it standℯ; we require you that for the present you gee on And that nothing but yor owne wayes are growne plausible; We haue for the present thought it fitt to lett you know that we if the worke doe p̱ish vnder yor handℯ §we will expect a strict Account of yt from you§ (as and therefore requiere you as you so to proceed in the §quiett & orderly§ manag- ing of those affaires and §&§ making seasonable supplyes for the releife of the Colonye before winter approach that you we may not haue §hereafter§ more cause added to the former to lett you feele the effectℯ of yor iust displeasure, but rath
[This letter ends abruptly here and then follows the petition]
May it please yor most excellent Mate
Whereas heretofore yor Matie out of yor princelie care and regard of the good and wellfare of the Plantac̃on of Virginia haue as well in yor owne royall p̱son, as by th' endeauors of the right hoble the LLs and others of yor Mates priuie Counsell, and by speciall Comrs therevnto appointed laboured to be thoroughlie informed of the true estate of those affaires: By wch inquirie the miserable condition thereof canot but §did as we conceaue§ euidently appeare to be such that vnles some p̢nt course were taken therein the whole worke was must sodainlie fall into vtter Ruine: wch could not but be foreseene by those that principally manage th' affaires of that Companie who beeing in all likelihood possest wth an Opinion of an Impossibilitie of bringing that worke out of th' extremities whereinto it is fallen doe (as by sondrie of their courses (we conceaue) neglecting the care of the plan- tac̃on) intend nothing but how to deriue the blame of miscarriage of that businesse from themselues and to lay §by laying§ Imputac̃on vpon others who haue only desired a Reformac̃on of th' abuses wch threaten the destruc- c̃on of that good worke: And for that by process of tyme wherein these thingℯ hang in suspence and vndecided the plantac̃on doth dailie suffer We who at first petioned yor Matie for some course to redress Those fatall disorders haue thought it or §bounden§ duties most humblie to againe to petic̃on yor gracious goodnes that th' estate wherein that plantac̃on by the is found to be by the Certificate of the Comrs and wch we thinke is now much worse, may be published, and that some such direcc̃on may be therevppon giuen for the good of the s̃d plantac̃on as to yor great wisedome shall seeme most fitt and convenient: most vnfeinedlie professing to yor sacred Matie that herein we desire nothing but the preseruac̃on of yor Maties honor, the supportac̃on of the worke itself, and the freeing of or owne soules from beeing any waies accessarie to the great mischeifes and Inconveniences vnder wch the s̃d plantac̃on hath §hath§ long laboured and wch seeme to vs to draw wth them an incuitable threaten the very life and subsistence thereof now almost brought to a period as we vnles by yor Maties speciall care they be speedelie prcuented redressed:
[Indorsed:] Coppy of a petic̃on intended to be deɫ his Mate concerñ Vir- ginia &c. and a ɫre from the c. M' to the Company.
22 June 1624.
Whereas to the great contempt of the Matie of God and ill example to others, certaine Women wth in this Colony haue of late contrary to the Lawes eclesiasticall of the Realme of England contracted themselues to two severall men at one time, whereby much troble doth growe betweene parties: and the Governor and Counsell of State, thereby much disquieted: To p̢vent the like offence in others hereafter, It is by the Governor and Counsell ordered in Court, that every Minister giue notice in his Church to his parishoners, that what man or woman soever shall hereafter vse any wordℯ or speech tending to contract of Mariag vnto two severall p̱sons at one time (though not p̢cise and legall, yet so as may intangle and breed scruple in theire Consciences) shall for such theire offence vnd9go either corporall punishmt (as whippinge etc) or other punishmt by fyne, or other- wise, according to the qualitie of the p̱son so offending. Given at James Cittie this 24th of June 1624. 1
For the Privy Council order appointing commissioners, June 24, see Acts P. C. Col., I, 78.
To the Right honõble the Lords and others of his Maties moste honõble
Priuie Councell͠
The humble petic̃on of sundrye Commisioners and Adventurers of the Virginia Companye
Sheweth that one John Bargraue is indebted by a bond of 800li for payment of 500li principall debt for the vse of the Virginia Accountℯ, wch debt by reason of his late protection they haue had no meanes to recover: And for that the said Bargraue now giueth oute, that his Protection shall be againe renewed whereby they feare to be still remeadylesse in recouering the said debt. * *
They humblie praye that before any such Protection bee graunted, Itt maye please yor Lopps that there maye be a course taken for payment of the said monney, as is due by the said bond, ffor that the Company & Aduenturers haue nowe speciall occasion, for the Imployment thereof, to the Collonyes releife, wch is att present in great neade of the same to furnishe and sett forth shipps for Virginia And they shall ever praye &c * * *
[Indorsed in pencil:] [26 June 1624] abt 1624
[The order of the Commissioners to Nicholas Ferrar respecting documents and their order respecting revenue, June 26, 1624, are printed in Acts of the Privy Council, Colonial, I, pp. 78–79.]
His Maty is pleased to direct his royall Commission to diuers gentn to treate & conclude a Contract for all ye Tobacco of the English Collonyes for his Mts vse In wch treaty informac̃on is given by many men, that there are at this time divers shipps preparing and fraighting in ye low Contryes, for the plantac̃ons of Virga & Caribbe Islands, wth intention to trade there and to returne wth Tobacco into those forreine parts, contrary to seueral ords and proclamac̃ons, as also to ye vtter ruine of the contract now in treaty and likely to take effect.
For the preuention of wch mischeife to the sayd plantac̃ons and his Mts service. It is humbly desired that strict charge and command be given eithr from his Maty or this Hoble Board, to the Gouernr of Virga especially, not to suffer any such trade by foreinrs vppon the sayd plantac̃on, there beeing no neede of their provisions, and being shipps enough good store of our owne already gon & now going to supply their wants if any bee. And this to be dispatched from hence wth all possible speede, there beeing now a ship ready to sett sayle for yt plantac̃on, wch may conveigh this Command before any of ye Hollandrs arriue.
[Indorsed:] Concerning a Contract for Tobacco. Without date.
[The petition of the Governor, Council, and Colony to the King, July 3, 1624, is printed in the Journal of the House of Burgesses, 1619–1658/9, pp. 25–26.]
To the Honoble the Govenor wth the rest the Worll Counsellors of Estate
[31] Wheras yor peticioner hath been abused lately by on Alnut by base asparsions & defamations Contrary to yor last statutes of the Assembly, theise are to beseech yor worps: you would take into yor Consideration the Iniury of yor said petitioner, so p̢judiciall to his p̱ffesion and Calling, and see him restored to his former estimate & oppinion of him
Yor Humble peticioner
Dauid Sandis
See Court holden the twelth day of July 1624
See Chancery Warrants, Series II, File 1977. This is the bill for the letters patent enrolled on Patent Roll 22 Jac. I, part 1, doc. No. 4b. The substance of the bill is the same as the letters patent except for differences in the spelling of names and words and in one date (noted). The bill has the following memorandum:
"It maie please your most ext Matie This Bill conteyneth yor Maties Com̃ission to divers of yor privy Counsaile and others giving them authoritie for the doeing and executing of sundry thingℯ for well setling the affaires in Virginia according to such direcc̃ons as I received from yor Matie. [Signed] Thomas Coventrye."
The bill is signed: James R.," and endorsed: "lett this bill passe the greate seale by im̃ediate warrant. James R.," and has a memorandum of delivery, as follows: "Met̃ qd̴ quintodecimo die Julij Anno R.Rℯ Jacobi sc̃do et lviio ista Billa delib̴at fuit Dño Custodi Magni Sigilli Angɫ apud Westmr9 exe [quend]."
James by the grace of God &c To our righte trusty and righte Welbe- loved Cosen and Councellor Henry Viscount Mandevill͠e lorde Presidente of our Councell and to our righte trusty and Welbeloved Wilɫm lorde Pagett and to our right trusty and Welbeloved Councellors Arthur lord Chichester Baron of Belfast Sir Thomas Edmondℯ knighte Tresorer of our Houshoulde Sir John Suckling knighte Comptroller of our houshould Sir George Calvert knight one of our principall Secretaries of state Sir George Conwey knight one other of our principall Secretaries of State Sir Richart Weston knighte Chauncellor and Vndertresorer of our Exchequer and Sir Julius Cesar knighte Master of our Rollℯ and to our trusty and Welbeloved Sir Humfry May knighte Chauncellor of our Duchye of Lancaster Sir Baptiste Hickes knighte and Baronett Sir Thomas Smith knight Sir Henry Mildmay knight Maister of our Jewelhouse Sir Thomas Coventrye knighte our Attorney Gen9all Sir Roberte Heath §knight§ our Sollicitor Gen9all Sir Ferdinando Gorges knighte Sir Roberte Killigrewe knight Sir Charles Mountagu knight Sir Phillippe Carie knight Sir Francis Gofton knighte Sir Thomas Wroth knighte Sir John Wolstenholme knight Sir Nathaniell Riche knight Sir Samuell Argall knight Sir Humfry Handforde knighte Mathewe Sutcliff d̴cor of Diuinitye and Deane of Exeter Francis White d̴cor of Divinitye and deane of Carlile Thomas Fanshawe Esquier Clerke of the Crowne Robert Johnson Alderman of London James Cambell Alderman of London Raphe Freeman Alderman of London Morrice Abbott Esq9 Nathaniell Butler Esquier George Wilmore Esquier Wilɫm Hackwell Esquier John Mildmay Esquier Phillipp Jermayne Esquier Edward Johnson Esquier Thomas Gibbes Esquier Samuell Wrote Esquier John Porey Esquier Michaell Hawes Esquier Edwarde Palavicine Esquier Roberte Bateman m9chante Martyn Bond m9chante Thomas Styles m9chante Nich̴as leate m9chante Roberte Bell m9chaunte Abraham Cartwright m9chaunte Richard Edwardℯ m9chaunte John Dyke m9chaunte Anthony Abdy m9chaunte Wilɫm Palmer m9chaunte Edward Ditchfeild George Mole m9chaunte and Richard Morer greeting Whereas heretofore at the humble suite [and requeste] of divers our loving subiectℯ intending to deduce a Colony and to make h̴itac̃on and plantac̃on of sundry our people in that parte of America comonly called Virginia and other partes and territories in America Wee greatly com̃ending and graciously accepting theire desires to the further- aunce of soe noble a Worke which might by the p̳uidence of Almightye God thenafter tende to the glory of his Maiestye in p̳pagating religion to such people as then lived in darkenes and miserable ignorance of the true knowledge and Worshippe of God and might in tyme bring the Infidellℯ and Savages in those partes to human Civilitye and to a setled and quiett government did by our ɫres Patentes in the fourth yere of our raigne of Englande graunte to diu9s knightes gentlemen and others for the more speedy accomplishmente of the said plantac̃on That they should devide themselues into twoe Colonies the one consistinge of divers knightes gentlemen m9chauntes and others of our Cittye of London called the firste Colony and the other of §sundrie§ knightes gentlemen and others of the Cittyes of Bristoll and Exeter the towne of Plymouth and other places called the seconde Colony And Wee did by the same ɫres Patentes graunte that the said Collonyes might make theire plantac̃ons and h̴itac̃ons in c̃tayne places in the same ɫres Patentes expressed. And [wee] did thereby alsoe graunte that the said Collonies should have divers landes groundes havens portes comodities and hereditamentes and divers priuileges and lib̴ties for theire quiett setling and good goverment in the saide plantac̃ons In and by which ɫres Patentes Wee did declare our pleasure that Wee our heires and successors Would from tyme to tyme ordeyne and give such further instrucc̃ons lawes constituc̃ons and ordinances for the better rule and goverment of such as so should make plantac̃on there as to vs our heires and successors should from tyme to tyme be thought convenyent And whereas Wee according to the effecte and true meaneing of the saide ɫres Patentes did by seũall ɫres vnder our privy Seale p̢scribe and give orders ordinances and constituc̃ons for directing and ordering the affayres of the same first Colony And whereas afterwardes vpon the petic̃on of divers of our loving Subiectℯ aswell adventurers as planters of the saide first Colony Wee did by our ɫres Patentes in the seaventeenth 1
Sic.; the chancery warrant has "seaventh".
yere of our raigne menc̃on to incorporate divers noble men knights gentlemen and others therein p̱ticulerly named and all others that shoulde be admitted to ioyne with them by the name of Tresorer and Company of Adventurers and planters of the Cittye of London for the firste Colony in Virginia graunting vnto them divers landes territories and Countries in the saide ɫres Patentes menc̃oned With p̱mision that they shoulde distribute con- vey and assigne vnder theire Comon Seale such p̱ticuler porc̃ons of landes to the said Adventurers and planters as vpon a Com̃ission of Survey to that p9pose shoulde be named appointed and allowed And Wee did thereby alsoe graunte that there shoulde be a Councell here residente for the managing of the affaires of the saide Colonye with power to place and displace officers and make lawes and ordinances for the govermente of the saide Colonye and plantac̃on and the affaires of the Company and Wee graunted vnto the saide Thesorer and Company and theire successors divers powers liberties and autorities and afterwardes by our ɫres Patentes in the nynth yere of our raigne of Englande Wee for the Considerac̃ons therein expressed did further menc̃on to give to the saide Tresorer and Company and theire successors divers other Islandes within the Ocean Seas within the lymittℯ in the saide ɫres Patentes expressed With other powers and authorities As by the said ɫres Patentes may appere And whereas Wee out of our zeale and affecc̃on to the furthering of the saide Plantac̃ons having still a Watchfull and careful eye to the same and finding the courses taken for the setling thereof had not taken that good effecte which Wee intended and soe much desired did by our Com̃ission lately graunted to c̃taine p̱sons of quality and truste cause the state of the saide Countrie of Virginia to be examyned howe yt stood aswell in pointe of livelyhood as govermente and howe and in What manner the greate Somes of money collected and intended for the good thereof had beene expended and dis- bursed to the end yf good Cause were Wee might by our royall hande supplye what shoulde be founde defective And whereas our Com̃issioners after much care labour and paynes expended in execuc̃on of our saide Com̃issions did c̃tifye vs that our subiectℯ and people sent to inhabite there and to plante themselues in that Countrye Were most of them by Godℯ visitac̃on sicknes of bodye famyne and by massacres of them by the native Savages of the lande dead and deceased and those that Were living of them lived in [miserable and lamentable necessitye and Wante but the countrie (for any thing appered to the saide Com̃issioners to the contrary) they conceived to be fruitfull and healthfull after our people had beene some tyme there and that yf industrie Were vsed yt Woulde p̳duce many staple and good comodities though as yet the sixteene yeres govermente nowe past had yeilded fewe or none and that this neglecte they conceived must fall on the governors and Company here Whoe had power to directe the plantac̃ons there And that the saide plantac̃ons were of greate ymportance and Woulde as they hoped remayne a lasting monumente of our most gracious and happy govermente to all posterity yf the same were p̳secuted to those endes for which they were first vndertaken And to that p9pose that yf our first graunte herein menc̃oned and our most prudente and princely instrucc̃ons given in the beginyng of the plantac̃on for the direcc̃on of the affaires thereof by thirteene Councellors in Virginia and as manye here all nomynated by vs had beene pusued much better effectes had beene p̳duced then had beene by the alterac̃on thereof into soe populer a course and amongst soe manye handes as then yt was which caused much contenc̃on and confusion Whereupon Wee entering into mature and delib̴ate considerac̃on of the p̢misses did by the aduise of the Lordes of our Privie Councell resolue by altering the Charters and ɫres Patentes of the saide Company as to the pointes of govermente Wherein the same might be founde defective to settle such a course as mighte best secure the safety of our people there and cause the saide plantac̃on to florishe and yet with p̢servac̃on of the intereste of everie planter or Adventurer soe farre forth as theire p̢sente int9estℯ shall not p̢iudice the publique plantac̃ons but because the saide Thresorer and Company did not submitt theire Charters to be reformed our p̳ceedingℯ therein were stayed for a tyme vntill vpon a Quo Warranto brought and a legall and iudiciall p̳ceeding therein by due course of lawe the saide charters are avoided Nowe forasmuch as Wee are still resolued and det9myned to p̳ceed in the course Which Wee ever intended for the good of the saide plantac̃on which our desire ys to effecte and establish by a newe Charter to be made in such manner as shalbe founde most convenyente for the gen9all good of the saide plantac̃on and Colony and because the pointes of the saide Charter newly to be graunted may be many and aswell in respecte of the nomber as of the nature and consequence of them will require aduised considerac̃on and delib̴ac̃on before yt be passed and much tyme care and paines must be taken therein and yet the leaste delay may prove p̱ilous to the saide plantac̃ons and Col- onye Which may suffer much inconveniency for Wante of good goverment and direcc̃on yf in the meane tyme yt be not well ordered knowe yee that Wee for the better p̳gression to the effecting of this our royall pleasure and reposing assured truste and confidence in the vnderstanding care fidelitye and circumspecc̃on of you the saide Lorde Presidente of our Councell Lorde Pagett Lorde Chichester Sir Thomas Edmondes Sir John Suckling Sir George Calverte Sir Edward Conwey Sir Richarde Weston Sir Julius Cesar Sir Humfry May Sir Baptist Hickes Sir Thomas Smith Sir Henry Mildmay Sir Thomas Conventrye Sir Roberte Heath Sir Ferdinando Gorges Sir Robert Killigrewe Sir Charles Mountague Sir Phillipp Carye Sir Frauncis Goston Sir Thomas Wroth Sir John Wolsten- holme Sir Nathaniell Rich Sir Samuell Argall Sir Humfrye Handforde Mathewe Sutcliff Franuncis White Thomas Fanshawe Rob̴te Johnson James Cambell Raphe Freeman Morrice Abbott Nathaniell Butler George Wil- more Wilɫm Hackwell John Mildmay Phillippe Germaine Edward Johnson Thomas Gibbes Samuell Wrote John Porey Michael Hawes Edward Palavicine Rob̴te Bateman Martyn Bonde Thomas Styles Nich̴as Leate Roberte Bell Abraham Cartwright Richard Edwardes John Dyke Anthony Abdye Wilɫm Palmer Edward Ditchfeilde George Mole and Richard Morer have assigned and appoynted you to be our Com̃issioners And wee doe hereby give vnto you or any six or more of you (whereof some of you the saide Lorde Presidente of our Councell Lorde Chichester Sir Thomas Edmondes Sir John Suckling Sir George Calverte Sir Edward Conwey Sir Richard Weston and Sir Julius Cesar to be one) full power and authoritye to take into your Consideracons the state of the saide Colony and plantac̃on and to treate consulte and consider of all matters whatsoever conc9nyng the saide Colony and plantac̃on aswell for the safety of the people there strength of the place and govermente to be ex9cised there as for the manag- ing of the busines and affaires thereof here in England and vpon delib̴ate considerac̃on therevpon had to directe and settle all busines and affaires conc9nyng the same in such manner and by such orders rules and direcc̃ons and such good Wayes and meanes as you or any such sixe or more of you as aforesaide shall for the p̢sente in your Wisdomes and discrec̃ons finde most necessarie fytt and convenyente And to the end you may the better be enabled to p̱forme the same Wee doe hereby give vnto you or any such sixe or more of you as aforesaid full power and authoritye to putt in execuc̃on and to doe p̱forme and execute according to your good discrecons all every or any of the powers authorities privileges matters and thingℯ whatsoever conc9nyng the saide Colony and plantac̃on and the Inhabitantes planters and adventurers of in or vnto the same which by the aforesaide ɫres Patentℯ or any of them Wee menc̃oned to be graunted to the said Tresorer and Company or any of them or to the Tresorer and Councell for the saide first Colonye or any of them or which they or any of them might have done executed or p̱formed by v9tue of any our saide Charters ɫres Patentes grauntℯ or instrucc̃ons whatsoever before the iudgmente given vpon the said Quo Warranto and to take into your handes or into the handes of such as you or any such sixe or more of you shall appointe all such goodes Chattellℯ m9chandizes and money as are in the handes of any p̱son or p̱sons for or conc9nyng the publique §vse§ of the saide Colony and plantac̃on or either of them or of the said p̢tended Governor and Com- panye And further to give order and direcc̃on for sending of supplye to the saide Colony aswell by and out of the p̳ceed of the saide goodes m9chan- dizes and money as by such other way or meanes as you or any such sixe or more of you as aforesaide shall thinke fytt and convenyente And further that you or any such sixe or more of you as aforesaide shall have full power and authoritye by v9tue of theise p̢sentes to give direcc̃on for assem- bling and calling together from tyme to tyme as occasion shall require the adventurers or Planters to conferre with them of and conc9nyng such matters and thinges as may any wise tend to the advauncemente furtheraunce or setling of the saide plantac̃on and to appoynte Com̄ittees for the due p̢parac̃on of such affayres of the saide Plantac̃on as to you or any such sixe or more of you shall seeme meete and convenient And further Wee doe by theise p̢sentes give like power and authoritye vnto you or any such sixe or more of you to consulte consider of p̳pose and sett downe all such matters and thinges as you in your Judgementes and discrec̃ons shall thinke moste necessarie and convenyente for the setling and establishing of the govermente of the saide Colony or plantac̃on and conc9nyng the Planters and Adventurers and Inh̴itantes thereof and of the trade and traders to and from thence and of all other thinges whatsoever requisite for the vphoulding mayntenance increase and contynuance of the §same§ Colony or plantac̃on trade or traffique whiche may be necessarye to be inc9ted 1Sic; the privy seal has "inserted."
in the newe Charter by vs intended to be made for the good of the saide plantac̃on and Colony And Wee doe hereby signifye and declare that in case you in your p̳ceedingℯ vpon this Com̃ission shall vpon any question or doubte which shall arise fynde yt requisite to c9tifie any of your p̳ceedingℯ and praye ayde from vs or our privye Councell that then vpon Certificate of such your p̳ceedingℯ and doubte vnto the Councell boarde from whence Wee may receive informac̃on thereof Wee or our privye Councell will give such direcc̃ons and assistance for further p̳ceedingℯ in everie such case as shalbe most necessary and convenient And our further Will and pleasure ys that yf any p̱son or p̱sons shall at any tyme or tymes hereafter be willing to ioyne together in the raysing of any Magazin or ioynte stocke to be sente vnto the saide Colony that in such case everie such Adventurer soe by your consente and privity adventuring as aforesaide shall have a free voice in the ordering managing and disposing of such Magacyn or ioincte stocke or any thing conc9nyng the same And for your better helpe and assistance in the exacte execuc̃on of this our pleasure Wee doe by theise p̢sentes gyve vnto you or any such sixe or more of you power and authority to take into your handes and Custody the seales of the Tresorer Company and Councell of Virginia and to take into your handes and to keepe and p̱use all and singuler such Charters ɫres Patentes grauntes and instrucc̃ons as have by vs been heretofore made graunted or given or menc̃oned to be made graunted or given to the saide Tresorer and Company or any others conc9nyng the saide Colony and Plantac̃on and all bookes orders ɫres aduises and other Writinges and thinges in any Wise conc9nyng the said Colony and Plantac̃on in whose handes soever the same be requiring all p̱sons to deliver the same vnto you whereby you may be the better informed and enabled to p̳ceed in this Worke of soe deepe and great ymport and consequence Willing and requiring you to be diligent and attendante in the execuc̃on of the same And lastly our Will and pleasure is that this our Com̃ission shall contynue in force vntill such tyme as Wee by Writing vnder our Signett or privy Seale shall signify our pleasure to the contr9ye and that you our saide Com̃issioners shall and may from tyme to tyme p̳ceed in the execuc̃on of the same and of all thinges therein conteyned according to the true meanyng thereof although the same be not contynued by adiornement In Witnes whereof &c Witnes our selfe at Westm' the fifteenth day of July exD9 Commission9 Henr9 vic9 Mande- vill & aliis 4b
p̱ ip̃m Regem
The Kingℯ Commission concerning Virginia dated 15th July 22 Jac̃. Rℯ.
At the house of Sr Thomas Smith was publikely read.
The Commission9s p̢sent were. | |
The Lo: President of the Councell | Mr Wrote |
Mr Treseror | Sr Samuell Argall |
Sr Tho: Smith | Mr Leate |
Mr Solicitor | Mr Pory |
Sr Nathaniell Rich | Mr Dichfeild |
Sr John Wolstenholme | Mr Bond |
Mr Alderman Johnson | Mr Stiles |
Mr Alderman Cambell | Mr Bell |
Mr Alderman ffreeman | Mr Cartiorite & others |
Mr Gibbs |
The Commission9s then appointed ther Clerke to attend the Comission; & agreed that Henry ffotherbye who is nowe secretary to the Barmodae Company should be the Clerke to this Com̄ission.
Nexte they named Thomas Newton to be ther Bedle who was ther officer before in that place.
The place of meeting to be at Sr Thomas Smiths house.
The Days of meeting to be on eu9ie Thursday in the afternoon, at two of the Clocke.
That all the Com̄ission9s who are not of the quorū shall be a standing Committee, to p̢pare businesses for the Com̄ission9s against that day, they or any 6 of them to meet as often as they thinke fitt at the place aforesaid.
Order is now given that all the Charters, Bookℯ and other writingℯ men- coned in the Com̄ission be forthwth brought to this place, and lefte there in the Custodie of the Clerke for the Commission9s & Committee to vse at ther pleasure.
The Seales of the Company to be likewise delivered in, forthwth to the handℯ of the Clerke.
The Lo: p̢sident was pleased to vndertake that soe many of the Charters &c. as are delivered into the Councell Chamber shalbe sent to the Com- mission9s by such Messenger as they shall send for them.
It is ordered ffurther.
That the Committees against the nexte Daye of meeting for the Com̄is- sion9s, take into ther Considerac̃on
The p̢sent state of that plantac̃on; and make reporte thereof on Thursday nexte.
And that the com̄ittee shall to that purpose haue power to send for all such p̱sons as cann giue informac̃on therein.
That the Committee doe allsoe take into their considerac̃ons thes gen9all & essentiall thingℯ, for the future,
What supplie course is fittest to settle the govermt ther.
What supplie is necessary, for the subsistaunce of the p̱sons nowe in- habiting in that Colony or wch shalbe sent theather.
What is fitt to be done for the Defence of the Inhabitantℯ against the Sauag & others, that they may the better intend ther plantation wth securitye.
What Com̄odities cann be raised ther for the p̢sent & what for the ffuture.
My Lo: President Deliu9ed nowe into the handℯ of the Clerke to the Com̄ission 7 piecℯ: ffor instruction to the Com̄ittees: and ffor remembrances conducing to thos thingℯ which are Directed by the Commission
That there be some publicac̃on made in forme hertofore vsed at the exchange giving notice of his Maties Com̄ission. and of his gracious inten- tion therby; and to noetefie to all such as haue any purpose to goe or send to Virginia that they repaire to the Comission9s & thence receaue ther Directions as they did before from the companie vpon all occasions.
It is next ordered that the Comittees shall take into ther considera[c̃on] Howe the plantac̃on nowe standℯ and howe it did stand at the bringing of the quo warrant & what transactions and grauntℯ haue bene made since that time And by whom.
The Commissioners did conceaue that ther is an absolute graunte neces- sitye for the p̢sent maynteyning of the Plantation by ther Tobacco, as the only p̢sent meanes for ther Subsistance but as that where on they will not rest, And that for that purpose ther is allsoe a necessitie of p̢sent re- streining the bringing in of all other Tobacco, of fforreyne Dominions lest ther be soe great a glutt therof that it will be afterwardℯ too late to re- cover that losse: wherby the plantac̃on will be put backe for 2 or 3 yeares if it be not p̢uented.
And they haue desired my Lo: President, to p̢sent forthwth ther humble desires to his Matie herein,
And it is ffurther ordered that noe shipp shall goe from hence to Virginia (wherof 2 or 3 are already in p̢parac̃on) vntill a resolution be taken ffor settling the governmt there, lest the Report of the Dissolution of the form9 gou9nmte might breed a confusion ther, before the settling of a newe And because thes businesses are weightie and require speed the Comittees are ordered to meete againe to morrow in the afternoone and soe from Day to day betwene this and Thursday nexte to p̢pare thos thingℯ referred vnto them as before, for the resoluc̃on of the Commission9s; And to make such ffurther p̳positions for the good of the plantac̃on as they cann thinke of in the meane time.
[Indorsed:] Orders sett downe at a meeting of the Comissioners for Virginia
16th July 1624.
James R9
James by the grace of god &c. To or trustie and welbeloued Counsellor Sr Richard Weston knight Chancellor and Vndertrẽr of our excheqr; and to the Trẽr Chancellor and Vndertrẽr of our Excheqr for the time being greeting Whereas John Porye gentleman hath bin imployed by the Lordes of our privye Counsayle into Virginia about our speciall affaires in wch he hath expended the som̃e of one hundred poundes Forasmuche as wee are informed by the Lordes of our saied Councell that he hath taken paynes and vsed diligence in our saied service and therppon the saied Lordes haue thought fitt (if wee shall soe please) that there bee an allowance of one hundred and fiftie poundes made to the saied Porye: We will and Commaunde you of our treasure in the receipt of our Excheqr forthwth to paie or cause to bee paied to the saied John Porye or his assignes the said som̃e of one hundred and fiftie poundes of lawfull money of England as of our Princely reward for the saied seruice & wthout accompt imprest or other Chardge to bee sett vpon him or his assignes for the same or for anie p̱te thereof: And theis our ɫres &c Given &c
By order of the LLs of yor Mats Counsell
Windebank
[Indorsed:] July 1624 Expr apud Westm9 vicesimo die Julij Anno R' Rℯ
Jacobi vicesimo secundo.
p̱ Windebanke
Mr Pory Warrt for 150li p̱ [blank] p̳cur9 by Mr Secretary Conwey
See Chancery Warrants, Series II, 1978. The Privy Seal, delivered 26 August, 1624, is the warrant for the Great Seal to these letters patent.
James by the grace of God King of England Scotland ffrance and Ireland Defendor of the faith &c To our Trustie and welbeloved Sir ffrancis Wyatt knight ffrancis West Esquier Sir George Yardley knight George Sandys Esquier Roger Smyth Esquier Raph Hamor Esquier John Martin Esquier John Harvey Esquier Samuell Mathewes Esquier Abraham Percey Esquier Isaack Maddison Esquier and William Clayborne Esquier greeting Whereas heretofore at the humble suite of divers our loving subiectℯ intending to deduce a Colonie and to make habitac̃on and plantac̃on of sundry our people in that parte of America comonly called Virginia and other partℯ and territories in America Wee greatly comending and gra- ciously accepting their desires to the furtherance of soe noble a worke did by our ɫres patentℯ in the fowerth yere of our raigne of England graunt to divers knightℯ gentlemen and others for the more speedy accomplishment of the said plantac̃on that they should devide themselves into twoe colonies the one consisting of divers knightℯ gentlemen Marchantℯ and others of our Cittie of London called the first Colonie And the other of sundry knightℯ gentlemen and others of the Cittie of Bristoll and Exeter the towne of Plimouth and other places called the second Colonie. And wee did by the same ɫres patentℯ graunt that the said Colonies might make their plan- tac̃ons and habitac̃ons in certaine places in the same ɫres patentℯ expressed, And that the said Colonies should have divers landℯ groundℯ havens portℯ com̃odities and hereditamentℯ and divers priuiledges and liberties for the quiet setling and good government in the said plantac̃ons. In and by which ɫres patentℯ wee did also declare our pleasure that wee our heires and successors should from tyme to tyme ordayne and give such further * * * instrucc̃ons lawes constituc̃ons and ordinances for the better rule and government of such as soe should make plantac̃on there as to vs our heires and successors should from tyme to tyme be thought convenient, And whereas wee according to the effect and true meaning of the said ɫres patentℯ did by severall ɫres vnder our privie seale p̢scribe and give orders ordinances and constituc̃ons for the directing and ordering of the affaires of the said first Colonie And whereas afterward vppon the petic̃on [etc. etc. as in the recitals to No. CDLXI (List of Records No. 701), almost word for word, but omitting some phrases, the correct date (7 Jas. I) being given for the Charter of Incorporation.]
Dr Com9 ap̃ial9 conc9nen' Gub̴- nacõem in Vir- ginia
* * * * *
yet the least delay might p̳ve daungerous to the said Colonies and Plan- tac̃ons yf during the tyme of this delib̴ac̃on they shoulde want direcc̃on and government for the better p̳gression, therefore to the efecting of this our royall pleasure wee by our com̃ission vnder our great seale of England bearing date the fifteenth day of July in the yeare of our raigne of England ffrance and Ireland the twoe and twentieth and of Scotland the seven and fiftieth did give power and authoritie vnto our right trustie and right wel- beloved Cosen and Counsellor Henry Viscount Mandevill lord President of our Counsell and divers others of our privie Counsell and others to treate consult and consider of all matters whatsoever concerning the said Colonie and plantac̃on aswell for the safetie of our people there strength of the place and government to be exercised there as for mannaging of the buis- ines and affaires thereof here in England and to execute and p̱forme divers other thingℯ conducing therevnto in such sorte as by our said Comission may at lardge appeare In the execuc̃on of which our Com̃ission our said Com̃issioners have already made some good beginning and have given vs this humble advise That by a like Com̃ission from vs wee should appointe and authorise such other discreet p̱sons residing §in§ the partℯ of Virginia as wee shoulde thinke fitt to be our p̢sent Councell for the ordering mannag- ing and governing of the affaires of that Colonie and plantac̃on and of the p̱sons there already inhabiting or which hereafter shalbe or inhabite there vntill some other constant and setled course be resolved vppon and estab- lished by vs, Knowe yee therefore that wee reposing assured trust and confidence in the vnderstanding care fidelitie experience and circum- specc̃on of you the said Sir Frauncis Wyatt Frauncis West Sir George Yardeley George Sandys Roger Smyth Raph Hamor John Martin John Harvey Samuell Matthewes Abraham Percey Isaacke Madison and Wilɫm Clayborne have nominated and assigned and doe hereby nominate and assigne you the said Sir ffrauncis Wyatt to bee the p̢sent Governour and you and the said ffrauncis West Sir George Yardeley and the rest §before§ menc̃oned to be our p̢sent Councell of and for the said Colonye and plan- tac̃on in Virginia giving and graunting vnto you and the greater nomber of you by theis p̢sents respectively full power and authoritie to p̱forme and execute the places powers and authorities incident to a governour and Councell in Virginia respectively and to direct and governe correct and punish our subiectℯ nowe inhabiting or being or which hereafter shall inhabite or be in Virginia or in anie the Isles portℯ havens Creakes or terri- tories thereof eyther in tyme of peace or Warre and to order and directe the affaires touching or concerning that Colonie or Plantac̃on in those forraigne partes onely and doe execute and p̱forme all and every other matters and thingℯ concerning that Plantac̃on as fully and amplye as anie Governor and Councell resident there at anie tyme within the space of five yeares now last past had or might p̱forme or execute. Nevertheless our Will and pleasure is that Yee p̳ceed therein according to such instruc- c̃ons as yee or such of you as have bene heretofore of our Councell there have receaved or according to such instrucc̃ons as you shall hereafter re- ceave from vs or our Com̃issioners here to that purpose or intent. And our further pleasure is that wee doe hereby give power and authoritie and doe will and commaunde that you the said Sir ffrauncis Wyatt ffrancis West Sir George Yardley George Sandys Roger Smyth Raphe Hamor or anie twoe of you whoe have already bene of our Councell in those partes for the Plantac̃on there shall minister vnto the said John Martin John Harvey Samuell Mathewes Abraham Percey Isaacke Maddison and William Clayborne and every of them the like oath vppon the holy Evange- list as yee or anie of you have already taken as Counsellor of or for the said Colony or plantac̃on Willing and requiring you to bee diligent and atten- dant in the execuc̃on of this our s9uice and com̃andement and alsoe willing and com̃anding all other our loving subiectℯ to be directed and governed by you or the greater number of you in all thingℯ according to the intenc̃on and true meaning of theis p̢sentℯ. And lastly our will and pleasure is that this our Com̃ission shall continue in force vntill such tyme as wee by som̃e other writing vnder our Signett Privie Seale or great seale shall signifie our pleasure to the contrary. In Witnes &c. Witnes our selfe at Westm9 the six and twentieth day of August.
ex
p̱ br̃e de priuato Sigillo &c
The warrant itself (in extenso) is among the Chancery Warrants (Series II), File 1979, for September, 1624.
Document in (1) Public Record Office, London; (2) Library of Congress List of Records No. 72215 September 1624
A license to Sr ffrancis Wyatt knight, the present Governor in Virginia, for libertie to returne into England for his owne private occasions, by reason of the Death of his ffather. And a power for Sr George Yardley to be Governor in his stead, and vpon his death, for Mr Harvy another of that Councell, to be Governor; and vpon his death, that the greater number of that Councell, may chuse one of the same Councell to be their Governor, wch is to continue, till his Ma shall otherwise direct. Subscr9 by Mr Sollicitor, according to warrant vnder his Matℯ Signe manuall procur9 by Mr Sollicitor.
∥Sr Fr. Wyatt∥
Att the same tyme there was a new offer made by dyuers honest Men for the good of the Plantation and presented to Mr Soliceter the 28th of October 1624:
The new offer is
That they will make good to the Kinge yearely for the 2: first yeares a Reuenew of fifteene thowsand pound for his Maiestyes owne vse and the Plantations and the third yeare twentye thowsand pounds and then to bee on either parte at libertye.
That all the Tobaccos of the Plantations shall be sould absolutly to the most aduantage to the vse and benifite of the Planter and Owner and a good accoumpt giuen quarterly of itt.
That the Rewardes of those Men that take these paines and spend theyr tyme to doe this good Worke and to preserue the Plantations from Ruine shall be: 2500ɫ: whereas the other Contractors will haue at least twenty thowsand pound a yeare it may bee: 30, or: 40: thowsand
That if any doe like this other Contract of Mr Dichfeilds and had rather haue is-iiijd̴ and ijs-iiijd̴ vpon the Conditions of that Contract they shall haue itt.
That if the ground now taken should fall in any such place, where Excep- tion shalbe taken uppon the form & fencee[s] and the Adventurer will not otherwise receive content that then the said Adventurers shalbe sattisfyed by allowance of the like proportion of Land to be given him out of the 120 Acres of Land by the former division appoynted to be laid out for the publique use, and purposely intended at the first for the like occasions as at present, to witt for the takinge in of such private p̱sons as not being of the Hundred might yet be of especial use or advantage therto as this p̢sent buisiniess is hoped will prove
It was further agreed uppon ye motion of Mr Copeland, Mr Covell and others that since the intended Dyvision cannott proceed that itt should not be preiuditiall to the Adventurers that now have or shall hereafter send people though they sitt downe uppon those places wch by the intended Division should belong to any other men, but that the houses they build theron should be [t]heir owne, together with some reasonable p̳portion of Land here about for gardens, Orchard, &c as the Adventurers hereafter in a generall Assemblie shall thinke fitt, and that satisfac[t]ion shalbe respectively made to those who shall finde themselvs agreeved out of the publique Lands of the Societie
Jo: Wolstenholme [Indorsed:] At a Meeting for Martins Hdd 1 Novr 1624.
1624,
Dec. 2.
Right Honõble:
We haue Receaued L̃res from the Lords of his maties most Honorbl͠e. privie Counsell of espeeyall recomendac̃one in the behalfe of Capt John Martine, dated the xixo of december. 1623. Accompened wth yours of the first of ffebruary. to the same effect, which, by divers reportes and rumors synce his arivall by him raysed he hath little deserved at your handes, Notwthstandinge in obedience to theire and your Lorp̃s L̃res, We haue and are redye to give our best asistance to the accomodation of his business, Wherof, when it shalbe finished (wherin we will vse our best expeditione) We will give you A p̱ticular Accompte
As for Order Concerninge the Wyddow Smaley, wee had receaved none, till the Receipt of your last L̃res, she her self as yett is nott arived in Virginia, but remaines in new Englande, nor hath appoynted any to Solycite her cause, Butt at her arivall shee shall finde all lawfull favor
Yt hath pleased God this yeere to give us a greate Victorie over Otiotan & ye Pomunkeys, with theire Confederates, by a hand full, beinge in all not aboue 60 ffyghtinge men (wherof 24 were ymployde only in the Cuttinge downe of Corne) Conducted by the Gouernor, in wch was shewed wt the Indyans coulde doe, havinge mantayned fighte two days together, and much therof in open fielde, The younge men beinge beaten vpp by the elder, Many slayne, and as much Corne cutt downe, as by the Estimatione of men of good Judgment, Was Sufficyent to haue Sustayned fower Thousand men for a Twellv mounthe, who were so discoraged, that they gave over fightinge and dismayedly, stood most ruthfully lookinge one while theire Corne was Cutt downe, And had we been well furnished with powder,
The Gouernor had p̳ceeded further to Matepany River, wherby he had hassarded the Starvinge of all those nationes, In this expeditione sixteene of the English were hurte, the firste and seconde daye wherby nyne of the best shott were made vnserviceable for that tyme, yett never A man slayne, nor none that miscaried of those hurtes (since when they haue nott greatly troubled us, nor interupted our Labors, The Indyans were never knowne to shew soe greate resolutione, either encoraged by the paucytie of ours, or theire owne greate numbers, There beinge of the Pomuckeys eight hundred bowmen, besides divers nationes that cam to asiste them, fightinge nott only for safegarde of theire howses and such a huge quantetie of Corne, but for theire reputatione wth ye rest of the Salvages: wch we now hope they haue loste, it depending much vppon the success of this Actione, The Pomunckeys havinge made greate braggs, of what they would doe, Amonge the Northerne nationes: of whom the kinge of Potuxsone sent an Indyan vnto us expressly to be an eye witnes of the evente
Yf our store of powder had been answerable to [o]ur intentions and readines, We had gone vppon our neighboringe Indyans, although we vnderstande, yt they haue quitted their former Plantac̃ons by the harshe vissitts, wch they receaved from us the former Sumer, and as we conceave did much relye vppon releiffe from the Pomukeys, who therfore planted ye greater quantitie, Our powder is now so farr exhausted, that we shall not be able to mantayne our Plantacons, should they make anny atempt vppon us, yf shortly a s[u]pplye come not in, Yt beinge now the seconde of decem- ber and noe shipp harde of, A thinge vnaccustomed, And for many reasones doth putt us to many p̱plexities, We therfore earnestly desire that yf powder be not allready sente accordinge to our former L̃res, That order bee taken for the sendinge thereof wth the greatest Celeritie, that possible may bee
This Sumer, god be thanked, the Colony hath very well stoode to health: wch assureth us that ye mortalitie of former yeers, is to be imputed to other accydents, and not to ye Clymate And am[o]nge so many of his benefitts God hath sent us a plentifull harvest of Corne and the industrious are well stored wth other provisiones, soe that exceptinge ye number of men the Colony hath worne owt the Skarrs of the massacre, and yf in any thinge it come shorte in many thingℯ it exceeds the former Condicone
Thus humbly desiringe your former favor and fervency in the Supporte of this Actione and ye settlinge of our estate much shaken by rumor, wch hath bred a generall irresolutione amonge us, wee humbly take our leaues and remaine
Your devoted Servants
Fra: Wyatt
ffra: West
George Yardley
George Sandys
Jo: Pott
Roger Smith
Raphe Hamer
James Cytie the seconde of december 1624
To the right Honobl͠e. Henry Earle of
Suthamptone, wth the Lordes and
others of the Counsell & Compony
of Virginia
Wheras it pleased you to graunte a Commission to Edmnde Tutchin, to make a vioage hither in the good Shipp Caled the Dwe Retourne, he dyinge instituted his brother Symon Tutchin in his roome and place of Mr Whom after his arrivall heere, vppon information of his beinge stronglie affected to Popery and Banished owt of Irelande §wee§ Examined such witnesses, as could be p̳duced againste him, and perused certen papers of his; by all wch conceavinge him to be a p̱sone Dangerous to this Colony, in case he should become Pylott to a fforren Enyme, We have sent him home vnto you by the safest course we could take (together wth his Examinations) 1
A pencilled note in the margin reads: "Wanting. N.B. See [S.P.] Dom. Car. I Vol. II No. 122 I."
to take such order therin, as shall seeme best to your graver Judgmentℯ, Thus we humbly take our Leaves and rest
At your Com̃ands
James Cyttie the 10th of January 1624
Francis Wyatt
George Yeardley
George sandys
John Pott
Raphe Hamor
[Addressed:] To the right Honbɫ Henry Earl of Suthampton & other ye
Lors wth ye reste of the Counsell & Compeny of Virginia
Written by a very careless scribe.
February 4, 1624/5The Answer of Sr George Yeardly Knight Defendant to the Demands of Capt. John Marti[n] Esquire Complaynant whereby he requireth recom- pence of wrongℯ donn him.
To the first, the said defendant saith that he never knew that Mr Whittakers had at any time any Corne of the said Complaynantℯ. 3
Sic
but saith that Mr Whittakers intestate he the said Defendant being then Deputy Governor of Virginia required one Thomas Hobson, who belonged to Mr Whittakers and was as his Sonne and Child kept by him in his life time, to take an Inventorie of all such goodℯ and provisions as were then to be found in the said Mr Whittakers house and them to take into his safe custodie that if afterwardℯ there did appeare any to whom the goodℯ might more rightly belong he should be accomptable for them. and the said Defendant saith there was as farr as he remembreth found in the said house of Corne tenn barrellℯ of Eares which he verily beleeveth was the said Mr Whittakers owne Corne wch Corne was afterwardℯ disposed of and spent by the said Tho: Hobson in the feeding of himself, Jarrett Hollock John Flood and one Ruben all of them servantℯ to the said Mr Whittakers.And saith further that after the arivall of Sr Samuell Argall who succeeded the said Defendant in the Government of Virginia there came into this Colony a sister of Mr Whittakers who made enquiry after the goodℯ of her deceased brother but found that he left little of vallew behind him. at that time also was the said Complaynant here in this Contrie who no doubt if he had then complayned to Sr Samuell Argall and could haue made proof that the said Corne had any waise belonged vnto him he might then haue recou9ed the same. for the Corne was at that time very little thereof spent. if he did not then complaine or had nott iustice don him therein the said Defendant saith itt was no fault of his.
To the second the said Defendant saith that he doth remember one Pope whoe served in his Shipp as Cooke enterteyned for that pourpose by James Brett Mr of his said Shipp and went also for England as he remembreth therin but whether the said Pope were servant to the Complaynant or was runn away from him the said defendt knoweth nott. and doth further protest and wilbe redy to be Sworne that the said Complayna[nt] never at any time to his rememberance spacke to the said Defendant of or concerning the said Pope nor that ever he so much as heard say that the said Pope was runn away from the said Complaynant.
To the Third the Defendant saith that with his knowledg or by any Warrant or allowance of his there were never any kine or Calues taken from the said Complaynant to the vse of Mr Bargraue as he suggesteth and therefor the said Defendt deemeth the said Complaynant to be much mistaken in demanding allowance for any such kine or Calues from him the said Defendant.
To the fourth the said Defendant saith that he was never acquainted that the Complaynant had hired any of Capt stallinges men neither did he ever heare say that the said Complaynant had hired any one or more of them but saith that at his arivall to be Governor of Virginia he found ridinge at Anchor in this River A shipp wch the said Defendt was given to vnderstand belonged to Sr Ferdinando Gorge Knight the said stallinge being Capt thereof wch said Shipp soone after the arivall of the said Defendant was by the negligence of the said Stallinge and Company belongeinge to her soffered to breake from her Anchors and in the night to runn a ground at a place called Bowiers bay the said Stallinge the next day came to the said Defendant and did intreat for help to gett of the said Shipp where- vppon the said Defendant saith he lent the said Stallinge the long Boat of the Diana with twelue of her best men to help of the said Shipp. but before they could gett her afloat they were forced to vnlade much of her provisions and goodℯ and by the direccion of the said Stallinge to carry them on Shoar vppon the South side of the River and afterwardℯ with great labor brought the said Shipp into Southampton River where the said Stallinge very negligently left her wth only a boy to poump out the watter. the said Shipp being extream leaky by reason of the great hurt shee tooke in ron̄inge one ground at Bowiers Bay and he the said Stallinge tooke all the rest of the Marinrs and Company to row him and some others vp the river where in his way putting ashore at a place called Dancinge Point, he happned to be slayne after whose death his Company went vpp with their boatt vnto the said Complaynantℯ Plantat̃on the said Defendant being then aboue at Charles hundred bussied about the publique affaires of the Collony. the said Complaynant wrot vpp to him and certified him of the death of the said Stallinge and howe that his men and boatt weare at the said Complaynanttℯ [2] Plantacion wherevppon the said Defendt vnderstanding the misaccident of the said Stallinges Death and howe also that the said Shipp was left by him in doubt of perishing and that divers of the goodℯ and provisions belonginge to her were left one shore by the said Stallinge in hazard of the Indians whereby Sr Ferdinando Gorge owner of the said Shipp might be much p̢iudiced he the said Defendant forthwth in consederacion thereof gaue Warrant vnto Capt Georg Bar- graue and one John Damerin to take the said Stallinges men and boatt and to go downe to Ricoughtan and taking Capt Tucker, then Com̃ander there to asist them to make a true Inventorie of all the goodℯ and pro- visions belongeinge to the said shipp and also with the said Boat and Companye to fech and bring together all thingℯ whatsoeuer that belonged to the said Shipp and were by the said Stallinge left one Shore vppon the South side of the River at Newportℯ Newes or any other place and them to see laid vpp in som House or Store where they might be p̢served for the vse of the said Sr Ferdinando Gorge of wch his proceedingℯ the said Defendant saith he gaue notice by letters vnto the said Sr Ferdinando intreatinge hime to appoint and send over some one whoe might receue them to his vse wch afterwardℯ the said Sr Ferdinando did and gaue great thankℯ to the said Defendt for his care and paines takin therin and for that also the said Defendt had employd his owne people and boatt in helping to bring the goodℯ together wch nott long after were dellivered vnto one Ellis Cornish substituted by the said Sr Ferdinando as doth appeare by a receipe vnder the hand of the said Ellis wch the said Defendt hath to showe And the said Defendt saith that the goodℯ of the said shipp being one this laid vpp as aforsaid he gaue license vnto the said Shippℯ Companye to dispose of themselues for there owne best profitt wher and in what place they thought good some of whom soone after shipped themselues for England others for Canada. one only whose name was Stoakℯ enterteined himself for the publique service of the Collony Moreou9 the said Defendt saith that he was nott at all acquainted that the said Complainan[t] had hired any one or more of them to serve him ether as his servantℯ or Teñntℯ and saith that the said Complaynant did never give him any notice of any such agreement. nor did then or after require of him that they might fulfill any Conveñnt or agreement made. soe that he verylie beleeveth that there was not any Coveñnt made at all betwene the said Complaynant and the said Shipps Company. And further saith that if any such thinge were doune by the said Complaynant as to hiere into his service the said Shippℯ Company for the plantinge of Tobacco at such a time when there Capt was newly slaine and the Shipp and goodℯ like to be vtterly lost. that there was littell respect had by the said Complãyn[t] to the damage that might therevppon ensue vnto the said Sr Ferdinando Gorge in the losse of his Shipp and goodℯ wch Shipp notwth- standinge that all the care was taken that the said Defendant could devise for the speedy sendinge to her succorr was sunke in the River ere the boat could get downe And the said Defendt forther saith that if any bargaine or agreemt had been made betwen the said Complaynant and the said Shippℯ Company that had beene lawfull he doubteth nott but the said Complaynant would haue requyred iustice at that time that it might haue beene p̱formed the wch thinge he never did ether by word or writting.
To the fifth the said Defendt saith that soone after his arivall to be Gov- ernor having occac̃on for the publique servic' to employ Ensigne Savage as an Interpretor he sent for him to the Complaynant at whose Plantac̃on he then lived and saith that after the said Ensignes returne. the like occac̃on required the sendinge of him againe butt saith that 1
Sic.
was nott acquainted by the said Complaynnt that the said Ensigne was his hired servant nether did the said Complaynant require the said Ensigne to be sent home againe. nor did the said Defendt knowe that the said Com- playnant had any occac̃on to employ the said Ensigne to go abroad in his Shallopp. and saith further that he did not vnderstand that the said Ensigne was servant to the said Complaynant or any man else but as a publique Interpretor. yet saith that if the said Complaynant had desired to haue made vse of the said Ensigne and had acquainted him the said Defendt therewth he beleeueth he should have beene redy to haue showed him curtisie therein for at that time and afterwardℯ the said Defendant did vnto the said Complaynant many speciall fauors wch. as he thinketh the said Complaynant wilbe redye to acknowledg one among the rest being the lending of him Corne when both he and his people relied very great necessitie. And saith [3] further that he knoweth not nor doth beleeue that the said Complaynant had at that time whilest the said Ensigne was employed by the said Defendt for the publique servic' of the Collony any intent to send forth his Shallopℯ one tradinge for that his Cropp must haue spoiled one the ground in the absente of his people.To the sixth the Defendent saith that the said Complaȳant was sent for to James Cittie by the Generall Assemblie who writt him a very curteous letter to that effect the Copie whereof the said defendt hath to shew theire desier to comune wth him as by the iornall of the generall Assemblie will appere was for that he sent from his plantac̃ion two Burgesses to sitt in the Assembly and to haue theire voices there in the makeinge of lawes and orders for the good and peaceably gouerning of the Collony vnto wch lawes they the said Burgesses would nott assure the said Assembly that the said Defendt or any of the people that lived vnder his Comand would be obedient vnto, but that he the said Complainant wold notwistanding any lawes that should be made there, govern and Comand by the authoritie of his private Pattent and strictly stand vppon the privileges thereof, vnder the protec̃ion of wch said Pattent it was well known to the Assemblie that there lived at his plantacion diu9s bankroutℯ and indebted p̱sons wth others of evill fame wch said p̱sons the said Complaynant had and hath diu9s times protected against the authoritie of the publique officers of this Collony and would nott suffer them to be arrested for theire debtℯ but hath Comanded the sayd publique officers to dep̱te his teritorie, threatninge them otherwise to lay them Neck and heeles. wherof the said publique officers haue complayned to the said Defendt as he will be Sworn and could haue otherwise more strongly prooved if the said officers were now allive. by wch the said Complaynant oppos̃cion and resistance. the Cape Marchant of the ould Magazine hath beene forced to stay for the deptℯ of the said Magazine, as himself beinge now here is able to wittnes. Another reson of the Generall Assemblies sendinge for the said Complaynants to Comune wth him might be and was concerninge an outrage done by some of the said Complaynantℯ people to Certaine Indians in the Bay wth whom wee were in league and peace. in takeing away by violenc' from them a certain quantitie of Corne at wch act it semed to the assemblie the said Complaynant 1
Sic.
conive, and Complaint bing thereof made to the said Defendt by Opachankan, whoe also was Complayned vnto by the Kinge one the Eastren shore to whom those people and the foresaid corn belonged, that sattisfac̃on might be made the said Assemblie thinking the same but reson resolued to moue the said Complaynant therein.To the seventh the Defendt saith that vppon the Day of the massacre the said Defendt going vpp in his shipp towardℯ flourdien hundred and the tid takeinge him short about Capt Sandrs his plantac̃on he manned his Shipps boatt and went one shore to search if anny of the people might haue lyen wounded whome he might haue saved and recovered. but serchinge the ground and findinge none it groweing towardℯ night he retired to his Shipp purposeing to send downe his boatℯ the next day to haue saued the Corne wch lay in Capt Sandrs his howse with any other goodℯ wch might haue benn found of worth to haue beene brought thenc' the necessitie and danger of the Defendt one plantac̃on nott p̱mitinge at that time his longer stay there. but the next day he had certaine newes that the houses and all thingℯ else therein were burnt. he also saith that he doth nott know of any thinge that was brought thenc' saue some poulterie from the roust at one Taylors howse a dweller there, together wth a Sow wch he the said Defendt gaue vnto the Mr of his said Shipp vppon his request there of as also one Chest wherein as neare as he can remember was about sixty waight of very ill condic̃oned Tobacco wch he the said Defendt bestowed vppon the Marriners pourposing to pay for the said Sow and Tobacco wch he the said Defendt might as he thought well doe in regard the said Capt Sandrs dyed indebted to him the sonn 1
Sic.
of Eighteen poundℯ starlinge as will appere by a bill of the sayed Capt Sandrs hand wch the said Defendt hath to show he saith also that the Marriners did throw som smale trompery in to the boat thingℯ of litle or no vallew the Indians hauinge caried away all other thingℯ as it should seeme by there strowinge of old Chestℯ and barrellℯ about the feild but weather there were at the sayd Capt Saundrs Plantac̃on any goodℯ at all belonging to the said Complaynant the said Defendt saith he knoweth nott nor did he see or p̱ceue that anything was brought thence by any of his people saue one yong Calf wch dyed in the Shipp and [4] Was throwne ourbord before he got vpp to Flourdieu Hundred And farther saith that if the said Complaynant can proue that any thing was by him the said Defendt or by any other wth his allowace brought thence he wilbe ready to make p̢sent sattifacc̃on for the same to the right owners thereof. Moreover the said Defendt saith that he hath heard that non of the goodℯ of the said Complaynant were at the Plantac̃on of the said Capt Sandrs butt were lefte by him the said Complaynant at his dep̱ture for England in his owne dwellinge houses wch were about A mielle distant from the said Plantac̃on And where the said Defendt saith that neither he nor any of his people ever came at that time or since the Massacre and therefor the said Complaỹant shall doe him wrong if he accuse him of bringeng any thing thence where neither he nor any of his Canne.To the [eigh]t the De[fendant saith t] 2
Torn away.
hat vntill this time he never heard of any such thinge but saith that he hath latly spoken wth Ensigne Chaplaine and then certified him of this demande of the Complaynant who told him the whole take his oath. that there was neu9 any agreemt made betwene him and the said Complaynant that tow kine should be delivered to the said Ensigne for sattifatc̃on of the said Complaynantℯ bond. and said that he never demanded any kine of Capt Saundrs nor did Capt Sanders at any time make proffer to deliu9 him any whereby it is not likely that the said Defendt did com̃and Capt Saundrs the contrary.To the Nynth and last the Defendt saith that vntill this time he never heard of any such thinge but saith that Liueteñnt Peppett beinge now in this Cittie itt may please the Governor and Counsell to examine him there of.
Extr9 p̱ John: Southorne
Right Honob̴ll͠:
Accordinge to your Lor̃ps: Comaundes, we haue now sente you the p̱ticu- lers of our p̳ceedinges and orders, made vppon the Complayntℯ of Capt John martine against Sr. George Yeardley, and alsoe for the Cattle in questione between him and Capt Bargroue, soe farr as concernes the Pos- sessione, not the right and p̳pertie, which as it appeeres, ys a Controversie yett dependinge in England, in the Highe Courte of Chauncerye.
We have been readye to yeelde him all lawfull favor for the Settlinge of him at his Plantatione, wch his owne disabilities hath hindered
We cannott butt prayse your Charitie in forgivinge and forgettinge those many and fowle iniuryes, wherof he hath boasted, yett holde it our duties to informe you how much you are mistaken in him and what he hath retributed for soe greate a favor, beinge besides his many slaunders, wherof we send you some p̱ticulers vnder oath, A sower of disentione and diso- bedienc amongste us, which as yett we have not questioned, owt of respect to the L̃res from the Lor̃s of his maties most Honorbll͠ privy Counsell, as also from your selves, and resolve nott to doe vnles greate necessitie Com- pell us. The rather because, beinge a man of soe light repute and Creditt in the Colony where he hath been soe longe discovered and knowne, we hope yt ye venome that p̳ceeds from him, will p̳duce noe dangerous Effect.
We cannott but be Sencyble how much the obedience to us vppon wch the well managinge of your affayers depends, hath beene shaken and weakened, ffirste by the Rumors spread and raysed at the Cominge in of the Comis- sioners, now renewed and revived by Capt martin and must forsee how much the Plantatione and our good opinions wth you are likly to suffer by false suggestiones wch only receaue theire strength by our beinge soe farr from answere. Thus recomendinge both to your noble Patronage Wee humbly take our leaves & remaine
Att your Comandes
James Cyttie the 4th of Februare 1624
Francis Wyatt
Frans West
George Yeardley
George Sandys
John Pott
Roger Smyth
Ralphe Hamor
May it please your Lops When last wee attended this Honourable Bourd, yor Lop required two things at our hands, to be presented this day in writing to yor Lops.
proc. for settling Govermt 13 May 1625 1
In pencil.
The first, our opinion touching the best forme of Gouernement, to be here established for ye affaires of Virginia.
The second, an offer to be made for such a Contract touching Tobacco wth his Matie as might both vphold his former Revenue, and not be grievous to the Plantations.
Concerning the former of wch proposic̃ons, wee humbly craue leaue thus much to deliver wthout offence, that it came alltogether vnexpected to vs: who brought wth vs a strong & confirmed resoluc̃on, not to entermedle any more in the busines of Virginia, so foyled & wronged by the partie opposite, & now reduced to extreame termes allmost past recovery and wherein all our former labours, cares, & expences, had receaved by the practise & procurement of these men, the vndeserved reward of rebuke & disgrace.
Notwthstandinge in due obedience vnto yor Lops Com̃aund, whom wee haue allwayes found iust & honoble, (and if happily some good may redound thereby to that now distressed and languishing Plantation, wch hath bin heretofore so deare vnto vs, and wch gaue so great hope of honour to this Kingdome, & might haue bin in these tymes of warrly preparations, of so great vse & service to his Matie, if it had bin so cherished & strengthened by these men, as when they gayned the governemt, they pretended & promised, wee wished and desired): Wee here present in all humblenes our deliberate opinion touching ye forme of Governemt now fittest to be established, for ye restoring & reviving of that Plantation, if it be possible yet to be recovered. Wherein wee thinke it requisite, that yor Lops in the first place be truly informed, of ye state of that Colony, what before it was, and what now it is, according vnto ye best advertisements from thence received.
The Plantation now in Virginia, began about ye yeare 1606 & continued about Twelue yeares vnder the Governemt of ye selfe same handes, where- into it was first intrusted by the late Kings Matie, the most Royall founder of this Noble worke.
The perticular carriages of this first Governemt, are too long, & would bee too displeasing to yor Lopps eares. But in Generall such it was, as the now Earle of Midd̴. then Lo: high Treasuror (being an ancient Adventurer & Councellor for Virginia) informed yor Lops, sitting in Counsell the 5th of March 1622 when he told Aldr̃an Johnson, That in former yeares, when he ye said Alderman was Deputie, and the busines was in other handes, it was carried leaudly, so that if they should be called to an accompt for it, their Estates would not answere it.
What his Lopp delivered as his owne Censure, was truly the opinion of ye whole Company of Adventurers here in England. And wth them doth ye Colonie concur[re], having the last yeare by theire Viceadmirall sent a writing signed by the handℯ of the Generall Assembly, & directed to his Matie, wherein having declared, the manner of those Twelue yeares Governemt, they conclude wth these words, full of passionat[e] griefe; And rather then to be reduced to liue vnder the like Governement, wee desire his Matie that Comissioners may be sent ouer with authoritie to hang [2] vs.
Of this quallitie was the first Governemt. And answerable to the Forme, were the Effects, as ye Generall Assemblie having by oath examined the perticulers, sett downe in their Declaration directed to his late Matie.
This as they report was the true estate of ye Plantac̃ons at ye Twelue yeares end. To wch being added the other condic̃on of the Colonie, wch in other writinges they expresse;
Wee may truly affirme, that ye intenc̃ons of ye people then in Virginia, were no wayes to settle there as a Colonie, but to gett a little wealth by Tobacco, then in price, and so to returne for England.
As for ye Adventurers here, the greatest part were long before beaten out as from an hopeless Action. In wch reguard there was fifteene thousand pounds deteyned of mens subscripc̃onℯ, wch by no meanes they could bee procured to pay in; sundry of them alleaging in their answeres in Chauncery vpon their oathes, the misimployment of ye monyes, & ill keeping of the Accounts. Those few that followed the busines, vpon some hope to reforme it, were (by the Governours here, for their owne perticuler ends as is conceaved, for to their private benefitt it was only sutable,) directed to bestowe their monyes in Adventuringe by way of Magazine, vpon two Comodities onely, Tobacco & Sassafras, [3] matters of present proffitt, but no wayes fitt foundac̃ons of a future State. Soe that of a merchantlike Trade there was some probabillitie, at least for a while: but of a Plantation there was none at all, neither in the courses, nor in ye intenc̃ons, either of the Adventurers here, or of the Colonie there.
In this Estate & condic̃on was the Action lefte by the First, to ye Second Governmt wch began in ye yeare · 1619 · by the choice of Sr Edwin Sandis for Treasurer. To whome ye yeare followinge succeeded ye Earle of Southampton.
[4] The Colony grewe into an opinion, that they were the happiest people in ye world: Wch meeting here at home wth ye experience of most Noble demeanor on ye Companies part, agaynst wch Envy itselfe could not finde any shadowe of Calumny or offence: the reputac̃on of this Action grew to such an height, as not only the old Adventurers renewed their zeale of their first Loves, but great numbers of new came dayly in wth assurance to expend large som̃es in the busines. And for ye Plantrs to goe in person, not only here at home Thousands of choise people offred themselues: but out of Ireland went divers Shipp, & more were followinge:
Three hundred Families French & Dutch in the yeare · 1621 · made request to the State, that they might plant in Virginia: whither not long before, Condempned persons had refused to goe wth pardon of their Lives.
The great amendment in this and in all other parts of this Action, made the Earle of Middlesex say at yor honoble Board, That in these latter tymes the Plantation by the good carriage had thriuen and prosppered beyond beliefe, and almost miraculouslie.
This wee cannot but esteeme an honoble testimony proceeding from our most heavy Enemy, who had himselfe layde in or way soe many great Rubbs & Difficulties, as hee might well say, It was by miracle wee ouer passed them.
The first yeare, directly agaynst his Matℯ L̃res Pattents, and consequently agaynst Lawe, by the iudgement of the then Atturney Generall, exceedingly ouer burdeninge our Comoditie:
The second yeare, to ye Kings great dammage, & abuse of the whole kingdome, procuringe an vtter banishement of our Tobacco:
And the third yeare, enforcinge vs to bring all in, onely to the enrichemt of his private freinds. But besides these, wee were continually struglinge wth a most malicious faction wthin our owne Body here, besides that vniversall sickenes abroad in the Colony menc̃oned before: Yet through all these Difficulties did wee wrestle by Gods blessing, wth the expence of lesse then fower & twenty thousand poundes of the Publiq' Stock. For howso- ever yor Lops haue beene enformed, the very truth wch wee shall allwayes make good, is, that there was not receaved from the Lottaries in the tyme of this latter Governemt, any more then Twenty one thousand Seaven hundred Sixty six poundes, Nyne shillings Two pence.
By the expence of wch som̃e, together wth about Three thousand pounds receaued from the Collections, wee brought the Colony to those Termes wee haue related. And if in ye Declaration sent to his Matie the last yeare, the Colony haue made a right & perfect Calculac̃on, wee affirme vnto yor Lops that in ye first Three yeares of this latter Governement, the Company sent as many Shipps in Nomber, but of greater burthen; As many people in nomber, but much better provided, as were sent in the first Twelue yeares. Yet had the latter Governemt vnder Twenty fower Thousand poundes, and Sr Thomas Smith receaved above Three score and fifteene thousand poundes of publiq' Stock. Soe that wee [5] may truly affirme, through Gods blessing, wth a Third part of the mony, and in a fourth part of ye tyme, wee brought the Plantation to thri[ee] § foure tymes § the nomber of Men that Sr Thomas Smith lefte it in, and in all other parts incomparably better.
The Plantac̃on being growne to this height by the end of ye yeare 1621 it pleased God in his secrett iudgement to giue leaue to ye enemies thereof, by many powerfull & most wicked meanes, to bring it downe agayne to ye ground.
The first Blowe was a most bloudy Massacre, when by the Treacherous cruelty of the Savadges, about 400 of or People were slayne; vpon the 22th of March 1621. The terror whereof wth the losse of much Cattle and other Substance, and a sodayne alterac̃on of the State of all thinges, so dismaide the whole Colony, as they allmost gaue themselues for gone. But then appeared both the love of the Company to the Plantation, & their great abilitie to goe through therewith: when in supply of this Losse, and for ye encouragemt of the Colony, they did send that yeare to Virginia 16 Ships & 800 people, and that altogether at ye charges of private Adventurers. For the publiq' Stock being vtterly exhaust the yeare before, was not able to contribute 500li. toward all this charge.
But this cruell Tragedy of the Massacre, was seconded by Two other sharpe Calamities in ye very neck one of another:
First Scarcitie in the Colony by being putt off from their Grounds prepared, together wth the losse of their season & much seed; besides that, through the troublesomnes of those tymes, they could not freely imploy themselues in plantinge thereof, no not in those their scanted grounds, many Plantac̃ons being drawne into few places for their better defence. Wch pesteringe of themselues, did likewise breed Contagious sickenesse; wch being encreased by the Infection brought in by some shipps, there dyed that yeare of Mortallitie neere vpon 600 more: and the Colony passed much hardnesse in their victuall, by reason of the miscarriage of one of their Shippes, wch the Company sett forth wth aboue 500li worth of Meale and other provisions: But the Shipp being blowne vp wth Powder at the Sum̃er Islandes, the Provisions were lost, & neuer came to Virginia
Notwithstandinge these thinges were most grievous to the Company here; yett were they no wayes of Discouragement, but rather seemed to add heat to their former zeale: so as by the begining of the yeare 1623 there appeared in readines § & preparation § to goe to Virginia, double that nomber of people, & Adventurers, that any former yeare had carried. When on a sodayne the Plantation it selfe was by Captaine Butler in a certayne writinge Intituled, The vnmaskinge of Virginia, soe fowly disgraced, and the present miseries thereof so farr amplified aboue Truth, and the future hopes thereof so belowe all good meaninge drided & villified by divers ill willers of the Action, especially some discontented members of ye Company, as the greatest part of the intended Supplies for New Plantations, gave over, as some of themselues will testify to yor Lops.
[6] Yet notwthstandinge, the vnited Body of the Company, did even that yeare 1623 send out Eleaven shipps, stored wth supplies of victuall & provisions: although by many cruell Encounters of the Opposites, they were sore hindred and deiected, directly wth Intention to make them abandon ye busines. But the welfare of the Plantac̃on, and the maynteñnce of their owne honour & credite, did prevaile so wth the Company, that though wth the certainty of their owne extreame losse, they passed in the aboundance of Supply, not only the necessities of the Colony, but even the vnreasonable demandℯ of their Opposites: havinge in fower dayes space that was given them after the notice of the Colonies want, procured the vnderwriting of Fower thousand pounds Adventure: wch the Honoble Board of the privy Counsell was pleased wth much Noble favour highly to approve.
As for the people that went that yeare in those Eleaven ships, the nomber was not aboue 260: and those procured not wthout difficulty, so much had the disgrace of the Plantation spread amongst ye Com̃on sort of people:
Neither could it be prevented by the Companie, although they vsed all possible dilligence: solliciting the Comissionrs then appointed by his Matie by a publiq' Examinac̃on of Captayne Butlers reporte, to cleare the truth. But they would by no meanes bee drawne therevnto.
As for the Companie it selfe, their proceedings & demeanors were soe opprobriously calumniated: as deprived them both of abillitie & credite to doe any good herein: but wth much sorrowe to behold how sencibly and dangerously the good opinion of this Action decayed; so that divers Preachers of note in the Cittie that had begunne in this latter Governemt to pray continually for Virginia, lefte quite the remembrance of it; finding the Action to growe either odious or contemptible in mens minds: wch yet but a little before was of that esteeme, as divers on their death beds gaue great Legacies to the furtherance thereof: and even from the East Indies by way of Contribuc̃on, hath bin sent by the Factors and poore Marriners aboue 1000li §marke§ so farr was the reputac̃on of this Action spread, by the prosperinge thereof vnder the latter Governemt, & by their zealous & sollicitous endeavours. Wch although by the continuall encrease of further suffringes, their Pattent being called in question, receaved a sore check: yet notwthstanding their owne Innocencie giving them courage & hope that they should overcome all wth honour & thankes of the State: there were Five shipps provided for this last yeare 1624 whereof one of them since the Companies dissoluc̃on, hath given over her voyage: the other foure haue proceeded, although wth much difficulty, in reguard that a great part of the Passengers that afore intended to goe, fell off. Whereby two of the Shipps wch had their Comissions from ye late Companie in May last, could not gett away till ye end of this last yeare, the other one in February, the other in March last.
Thus haue wee given yor Lops a true Informac̃on, both of the growth and languishinge of ye Virginia Plantac̃on, in these Five latter yeares [7] Governemt: wherein no encombrances, no calamities whatsoever could keepe it soe downe, but that it did yearely advance it selfe wth a most remarkeable growth, whilst the carefull Nurse and tender Mother the Company was permitted to governe it.
Though contagion & sword destroyed many people: yet whilst the nomber of new did doubly supply those that fayled, it cannot be said, but the Action was in a thriving, in a prosperous course; though not in a cleare or easy.
Then began it to stand, when the Companie was troubled; to stagger, when they were disgracd and discountenanced; to sincke, when they were terrifyed wth affrightment of Dissoluc̃on; since wch tyme there hath bin nothing at all done towards the recovery or helping it forward, but much towards ye hindringe & bringing it lower.
The poore supply of People & shippes that are gone, are but the remaynder of the late Companies cares & loves. The setters out of the best of them doe affirme, that if they had not beene so farr engaged before the vnex- pected dissoluc̃on of ye late Companie, they would haue drawne back their Adventures & People.
When they shall arive in Virginia, they will not bring either comfort or supply to the Colonie: but only add to their Calamitie, to their greife. The first Shipp went in August, victualled only for Three moneths: the next in October: neither of them were arived the 25th of February last. Whereby they must needs come into Virginia in most miserable distresse.
The other two went out soe meanly provided, that how euer short their voyage shalbe, they cannot but prove an insupportable charge to the Colony, much disfurnished by the victualling of divers shipps lately returned thence, and so ill provided by a deceiptfull cropp, wch seemed large, but proved scant, as wee dare not but acquaynt yor Lops. what experience perswades vs, That there is like to followe in the Colonie some great dis- tresse for victualls, except by speedy supply hence they be relieved.
There is likewise in the Colony a most dangerous want of Powder, so great, as if the Savages should knowe the advantage they haue thereby, they might easily in one day destroy all or people.
There is most extreame want of hose, shooes, & all apparrell, even to a dangerous empeachement of their healthes: and that so generall, as the provisions carried in these late Shipps, will not as farr as wee cann learne, supply the Tenth part of their necessities.
The want of such wonted supplies, will vndoubtedly much dismay & deiect the Colony. But when they shall vnderstand of the Companies dissoluc̃on, for the continuance of whose Governemt and the Liberties they enioyed vnder them, they were most importunate suitors to his Matie, and that they are returned vnder those handes wch they so much abhorred: Wee doubt no possible meanes wilbe found to keepe the greatest and best part of the Colonie from imediatly cominge away.
[8] For wee are credibly informed, that some of the chiefℯ, haue allready by sellinge of their Estates, made preparac̃on vpon the first notice of the change, to leaue the Country. But when farther they shall heare the newes of the late Contract, whereby all their hopes shalbe quite extin- guished, and all possibilitie of subsistance taken from them, wee cannot thinke that any will stay behinde that shall not bee kept by force.
But howsoeuer it shall happen: sure wee are that by these alterac̃ons & courses the mindes of the Planters wilbe filled wth such Jealousies & sus- picions, as it wilbe a long while ere they wilbe reduced to a firme resoluc̃on of setting vp the Rest of their Lives, & hopes, in the Colony: Which wth all humble duty wee are bold to say, hath bin & will euer bee a disposition most pernicious to the establishing of the Plantation: And the overcoming thereof by the Company, Wee hold to haue bin one of the greatest services that they did.
This wee conceaue to be ye state of the Colonie now in Virginia. Wch though they should be persuaded or forced to stay, yet wthout supply of others sent hence, they must needes come to nothinge in a very short space, although they had noe other enemy.
As for adventuringe hence, what by the disgracinge of the Action it selfe, & the vndeserved suffrings of the late Companie, the businesse is brought to such a stand, as seemes incredible: there being no preparac̃on that wee can heare of not only of any Shipp, but of any man to goe to Virginia. Whereas com̃only for divers yeares before, there were foure or five shipps in readinesse, and as many hundreds of men, at this tyme of ye yeare.
So that even in that reguard also, the Colony will find themselues both in great discomfort, & great danger. For although formerly they had no Forte on the Land to hinder a forraigne Enemy: yet especially in the latter tymes, there was such aboundance of Shipping cominge and goinge continually to Virginia, that there hath bin sometymes told Seaventeene sayle together in James River. Whereby besides that it was a continuall terror to the Natives, it would haue bin a difficult thinge to endamage the Colonie, wthout the power both of many Shippes, & many souldiers. Weh was amongst divers others, a very mayne securitie & encouragement, to perswade men boldly to goe to Virginia. But that and all other helpes being now foyled or much empayred, although the nomber of men be at least Three tymes as many as when wee vndertooke the Governemt; yet will wee Ingenuously yeeld, that equall thanks & equall honour wilbe due to them, who shall now recover & restore it to that prosperous & flourishing estate, to wch by Gods blessinge or cares & labours had brought it, vntill it was marred by them, who as appeares never loved it, but for their owne indirect ends, wch they haue industriously pursued.
[9] Thus much touching the present estate of the Plantation, & the late generall decay thereof. Wherein wee hope yor Lops will excuse both our playnes & prolixitie, tending to no other end, but only to present vnto yor Lops viewe, the cleare state & true nature of the disease; that so yor Lops in yor great wisedome may the better discerne & provide the proper remedies. Towards wch, since yor Lops haue bin also pleased to require some preparative as it were of or opinions: wee will now humbly apply orselues to that considerac̃on, wthout wch, all the rest were but griefe & labour.
And here first wee are in duety forced to deliver vnto yor Lops, that the restoring, supporting & readvancemt of that Plantation, wee hold to bee a worke, though of great necessitie for the honour, yea and service of his Matie, these tymes considered: yet wth all of soe extreame difficultie, that it is not to be rashly & vnadvisedly vndertaken, but wth great circumspec- tion, care, & preparac̃on, with assurance §also§ of great assistance.
For not to insist much, vpon the nature & greatnes of the worke, so remote from the favourers, so vicine to mighty Maligners of it: and indeed fitter for the power & purse of a Great Prince & State, then of Private Adven- turers, and those allready exhaust & tyred; the wounds wch since that great wound of the Massacre, it hath more lately receaved, from their handes whom it least beseemed, are still so wide & bleedinge, that vnlesse his Matie, and yor Lops as deputed from him, shall vouchsafe to apply a Soveraine hande for the healing of them, wee are resolute of opinion, that it is impossible, the Plantation carried as formerly by private persons, should either prosper or long subsist: Those woundes wee conceaue are three
First the generall disreputac̃on of the Busines, (Reputation being a prin- cipall pillar of all great Actions,) & that partly by some errors, neglects & disasters, but principally by the late faction, though of a few & small Adventurers, yet strongly & strangely inanimated & supported agaynst the great Body of the Companie: whereof in fine also by vndermining misin- formac̃ons they haue wrought ye Dissoluc̃on; & consequently lefte all both Adventurers & Planters, in an vtter vncertaynty of their Rights, Titles & Possessions: though promise was made that they should be re- assured to them, wch these men haue neglected to see performed.
Secondly the great discouragemt of sundry not of the meanest both Ad- venturers & Planters, some of them persons of honour, and others also of good quallitie: by whose cares & labours, together wth their freinds & purses, the Plantation having formerly receaved no small encrease & benefitt, to the Planters great comfort & content, (wch [10] they haue not forborne from tyme to tyme to declare): yet haue they by the vniust Calumnies & clamors of these men, bin continually prosecuted wth all variety of extremitie, to ye rewarding of them with evill for their good deservings, and to the disheartining of all other, to succeed in like care & industry.
Thirdly the present extreame povertie & consumpc̃on of ye Plantac̃on, being for want of the accustomed yearely supplies, reduced to that paucitie of men, & want of all sorts well neere of necessary provisions, that it cannot be restored, but wth an huge expence, no lesse allmost then to sett vp a new Plantation.
Nowe touching the disreputac̃on of ye Action, and the generall disheartin- inge of the Adventurers & Planters, such especially as haue spared neither paynes nor expence, for ye recoveringe, supportinge & advancinge the Plantation: Wee humbly craue yor Lops favourable patience, though wee somewhat enlarge our selues in this place, to present in part the Iniustice & greaviousnes of those wounds to the honoble minds & skilfull handℯ of yor Lops: Seeing that in our vnderstandinge, the curing of them by yor Lops, may be a meanes to revive agayne the generally deadded heartℯ of both Adventurers & Planters, & to adde a new lustre & grace to ye Action.
Amongst the many glorious workes of the late Kinge, there was none more eminent, then his Gracious enclination, together wth ye propagation of Christian Religion, to advance & sett forward a new Plantac̃on in the new world. Wch purpose of his continued till the last, manifested by his Matℯ many publiq' & private speeches by divers L̃res of his, & by his sundry Proclamac̃ons; so that their faults are farr the greater, who, as imediatly shalbe declared, did malitiously and cunningly pervert those Gracious intenc̃ons of his Matie by scandalizing ye Governemt as it then stood, as neither convenient here, nor likely there to advance the prosperitie of the Colonie; and by insinuatinge assurances, that they themselues would mayntayne that worke by better meanes. which his Matie conceavinge (as it was reason) they would not so boldly haue promised of them selues, being so great a worke, vnlesse they had had both knowledge, & meanes to goe thorough wth it; did also belieue: & so they became ye Vndertakers.
And now, as it hath bin euer farr from or practize, and agaynst or present Desires, to fall vpon the persons of any men, where ye necessitie & justice of ye cause doth not necessarilie require it: yet at this tyme it is impossible to cleere this pointe to yor Lops without [11] naming some of their persons, and perticularizing their Actions. About Six yeares agoe, when by reason of the apparent misprosperinge of the Plantation, and the fowlenes of the Accounts here, (the then Treasuror being Governour of Fower or Five other Companies, wch excused his neglect of attending this busines,) the Governemt of the Companie was translated from Sr Thomas Smith and Aldr̃an Johnson, into Sr Edwin Sandis, & after into the Earle of Southamp- tons hands, & their Deputies: it is notororiously knowne, how they, wth Captayne Argoll and other of their freinds, partly peradventure through discontent for being removed from their places, but principally through feare; (their Accounts, Depredac̃ons, Piracies & misgovernemt being now questiond before the Counsell and in the Companies Courts,) perpetually disturbed & disgraced by seuerall wayes, both to his Matie & to the world, all the present proceedinges of the Companie, to ye great disheartininge of the Companie here, and no small advantage of ye Colonie. And of this, and of the bad effectℯ of it, all our bookes, & memories are full. But yet by Gods assistance, & the vnwearied courage of the Companie, wee ridd out this storme.
The next blowe, as wee had reason to belieue, proceeding by their vnder- hand raysinge of new spiritts, drawne to disturbe vs for their owne gayne was the bringing in of new & seuerall projects concerning Tobacco: wch was for the instant the only com̃oditie whereby the Planters mayntayned them- selues. And so vnder colour of advancing proffitt to his Matie sometimes (as hath bin before touched) wee were forbidden to bring in any Tobacco, sometimes to bring in but a small quantitie, and sometimes comaunded to bring in all. Wch varying directions, did so distract & confound the Adventurers & Planters, that it had in a manner ruynd the Plantation. But yet by Gods assistance, & the constancy of ye Companie, wee ridd out this storme also. The instruments in this worke, that especiallie appeared were the then Sr Lionell Cranfield, Mr Jacob, and some others: to the extreame damage of the Company, enrichement of them selues, & deceyt of his Matie: as was at large expressed & offred to be proved in ye last Parliament.
Thirdly, by the procuremt of that part, divers scandalous petic̃ons agaynst the Company in generall, & many in perticuler, did putt vs to much vexac̃on & trouble. But their accusac̃ons were so false, that wee also overcame this Third assault.
After this another stratagem was obtruded vpon vs, vnder pretence of freindship & love to ye Plantation. The Earle of Middesex then Lo: high Treasuror of England, who in respect of his place was [12] to take into considerac̃on all thinges that had relac̃on to his Mats revenue, did first pro- pound to Sr Edwin Sandis, & afterwards to ye Ea: of Southampton, ye Lo: Cavendish & Sr Edwin Sandis together, that the King, he knewe, had by Sr Thomas Smithes meanes & Alderman Johnsons, and some great freinds & instruments of theires, bin strangely possessed agaynst the forme of our Governemt, & ye consequences of it: & particulerly that they had made such advantage by traducing ye names of ye Earle of Southampton and Sr Edwin Sandis, that ye busines of ye Plantac̃on fared ye worse for their sakes. That he had allready in Generall spoken wth his Matie, & assured him, that ye whispers & relac̃ons of those men, had an eye to their owne safetie, and not to the Colonies good; and that therevpon the King referred the whole considerac̃on of ye Plantation, and what was best to be done, to his care. Vpon this he propounded vnto those before named, that ye best way to engage the Kinge in his care of the Plantations, and to make it impossible for any hereafter to disturbe the Companie, as they had formerly done, was to thinke of some such meanes, whereby the proffitt of his Matie, & the good of ye Plantation, might hand in hand goe together. And to speake truth, though those he spoke wthall, were at first very vnwilling to swallowe this guilded pill, as having heard of ye stile he vsed in negotiatinge other businesses of this nature: yet he was so full of protestac̃ons in it, euer pretending our ∥ the Companies ∥ good, and wth all procured further inti- mac̃on to ye Earle of Southampton, that no service of his could be more acceptable to his Matie then this now propounded: ∥ that ∥ Vpon these protestac̃ons & assurance, they engaged themselues to treat of a Contract betweene his Maty & the Companies. In the making whereof, ye said Earle of Midd̴ remembred not his promised care of ye Plantations, but in truth from one degree to another, wrested vs to such condic̃ons, & such a rate, as was very dammeagle to ye Plantac̃ons. But vpon serious debate in many & full Courts, vpon the whole matter wee were resolved, consider- ing the protection of the Colonies, & fauour promised; and to be free from those frequent proiects that in former tymes had so much wronged & dis- turbed vs, to accept an hard bargayne: conceavinge that though it were not so good as wee desired, & was fitt to haue bin offerd; yet by it wee should bee in a better case & way of benefitting the Plantations, then formerly wee were. And so in Michaelmas terme 1622 this Contract wch began to be treated of in Easter terme, was concluded by the subscription of the Earle of Middlesex his hand, and by sending the Company word, that that day the § whole § Counsell board had given their assent therevnto, wch was the first tyme the Companie vnderstood that they had heard of ye matter.
[13] The Contract thus concluded, a great Tempest arose, by what secrett cause & vnderhand procurement, wee may guesse, but cannot affirme. But in a Court of the Company vpon the 4th of December followinge, one Mr Wrote Cosen Germane to the Earle of Middlesex (discontented also that hee was passed ouer in the election of Officers,) did wth a passionate & blastring speech, inveigh agaynst the Contract, & the menaging thereof wth Sallary; agaynst the proceeding in the Treaty of it, as that it had bin vnduly and vniustly carried, that men had bin overawed; and that it had bin procured to private ends. Whereof not being able to make any shadowe of proofe, & persisting still in his violent & contemptuous demeanor, vpon a full hearinge, he was thrust out of the Companie; and vpon that ioyned himselfe to Sr Thomas Smith, Alderman Johnson & that opposite party, & drewe also wth him Two more of his Companions, and so now made shewe of a formall party agaynst the Company. But for all this wee still mayntayned the reputac̃on of or proceedinge.
The next of or troubles in order, (proceeding from what secrett cause, that wch followes will give yor Lops more reason of coniecture, then wee will now affirme,) was that this opposite party then attayned to about 25 in nomber, had some secrett encouragemt or other given them, directly to oppugne the Contract; wch, as is before declared, was so formally made: And gaue some reasons in writing agaynst it to the then Lord Trẽr; who receaving them, gaue the Company first suspic̃on of double intelligence & indirectnes in his dealinge. But howsoeuer, the Earle of Southampton, the Lo: Cavendish, Sr Edwin Sandis & some other, being called by the Earle of Middlesex to his Chamber at Whitehall, then thought, that they had given such answeres to them, as that his Lop rested satisfied. But his Lop after, speaking wth ye Ea: of South'ton and the rest before named told them, that they that had aopposed, were a clamorous Company, and that to make the busines goe current, it were best that their objections & or answeres should be heard at the Counsell table. And vpon hearing there of their accusac̃ons, and or answeres, the Earle of Middlesex, who assumed the chiefe knowledge & care of that busines, did in ye close of that hearinge vse the words formerly rehearsed, Of the leaud carriage in former tymes, and of the latter in a manner miraculous recoverie. A greater testimony of or integritie & their guilt, could not be given. But as the sequell will manifest, & as wee haue since found in other of his Lops proceedings, he meant to loose nothing by those wordℯ. [14] Howsoeuer it was, & whatsoever wee suspect, not intending now to dive into those miseries; from that day forward, to ye Conclusion of this busines he professedly made himselfe the patron to that side, & enemy to the Com- pany; for wch wee appeale to yor Lops better knowledge.
Afterwardℯ about that Contract were divers meetings before the Lordℯ, where it was principally inveighed agaynst by Sr Nathaniell Rich, speaking against the iniustice & vnconscionablenes of it; protesting that he had euer sold his Tobacco for Fiue shillings a pound one wth another, and that euery pound cost him Two shillings six pence in ye Sum̃er Islands: and now to give a Third away ∥to the King∥ & peradventure ye price not to be much higher, was agaynst Justice & Conscience. And here by the way, wee humbly craue leaue to say thus much, that his Conscience now serues him in this new Contract, to force ye Planter & the Adventurer to sell their Tobacco, the best sort for 2s 4d and the second sort at sixteene pence a pound. But vpon that former Demonstrative Argument of his, though it were so fully answered as nothing could be more, yet the Earle of Middlesex tooke his ground to condemne the Contract he had signed, as hurtfull to the Plantac̃ons; and to comaund the Companies to thinke of propounding a better & to to bring it ∥in∥ writing wthin Two daies: Wch was accordingly done: and therein shewed, that ye hardnesse of this Contract, was not by the Companies proposition, but by his Lops pressure. And therefore vrged what had bin offred to his Lop at the first; that his Matie would be contented wth a fourth, & not require a Third of or Tobacco. To wch in great scorne his Lop replyed that take Two pence out of Six pence there would remayne a Groat. But the last Parliament sawe that his best invention, was by adding 3li to 40s to make vp Five pound. But in conclusion that Contract was dissolved, & a comaund laid vpon the Companies by his Lops procurement, to bring all or Tobaccoes in, vnder colour that Three pence custome was abated; Whereas in truth, by his admitting also of all Spanish Tobacco vpon Sr John Wolstenholmes motion, wee could not vent a third part of it here: and so by computac̃on, in respect of the quantitie vnvented, wee paid neere double as much as before: Wch was his only favour to ye Plantations.
The Contract thus dissolved, as publiq'ly damageable, by the incourage- ment of the Earle of Middlesex, & industry of ye Five and twenty before menc̃oned, (that so place might be made for this [15] Latter Contract, so privatly beneficiall, for so by the effect it hath appeared): the Governemt was now likewise to be questiond and altred, or else they compassed not their endℯ. Which to bring about, these two wayes were vsed: First a petic̃on was delivered to his Maty by Allderman Johnson, in the name of the rest, inveighing agaynst the latter Governemt, & magnifying the former. And in the end, desiring a Comission to examine the proceedings of thi§e§s§e§ last Fower yeares This Petic̃on was by the Company at large answered to his Maty, & wee ioyned in ye point of having or Actions examined by the Comission: but wthall thought it iust, & desired, that their Twelue yeares Governemt before might bee also examined: Wch accordingly was ordered. The second meanes vsed by them, was to rayse vp Captayne Butler, who hasting from the Sum̃er Ilandes to Virginia, where he stayed but a few weekes, vpon his returne delivered to his Maty, a Paper called The Vnmasking of Virginia. The substance of wch was, first the dispraise of the Country, & making of it an vnfitt place for any English Colony; & next, scandalizing the Governemt of it, both here, & there. What concerned the Colonie, was proved to be false by Forty witnesses: who chaunced to be in Towne then, & had bin often & long in ye Colonie: And was endeavored to be mayntayned by him by two meanes only: one by practizing to gett the handℯ of Two men vnto it, to whome he owed mony & deferred payment: who when they heard it read in Cort, protested that they never saw what they sett their hands to, and that Capt: Butler told them it was to a Paper, wch he would shew the King for the good of the Plantation: and desired ye Companies pardon; for whatsoeuer was there said was false. Secondly he would haue made it to haue bin better believed, by a forged L̃re wch hee brought to Sr John Bourchier from his daughter Mrs Whittakers: who knew it was not her hand 1
In pencil.
. This was alleadged at ye Counsell Table: & Capt' Butler answered, that shee was sicke, & dictated it to him, and he wrote it. But since, both shee & her husband being come ouer, they bothe forsweare it, & say it was none of her doinge nor direction. But howsoeuer, by those meanes the opposite party thus farre obteyned their ends, that by the Defamation, and this trouble ensuinge, a very great nomber that intended to haue gone ouer, were discouraged.[16] But yet for all this, the Companie knewe their cause to be so iust and iustifiable, that they did not abandon it: but prepared themselues to give divers charges before ye Comissionrs, agaynst divers of ye partie opposite; & professed themselues ready to make their owne defence whensoever they should be charged. But whilst the Comission sate, farther to discourage vs, first of all or Bookes, & after ye Minutes of them were sent for away from vs: that none of the L̃res that then came from Virginia were to be seene by vs, being all seazed on by the Comissionrs. But touching the rest of ye Cariage of that Comission, because it was at large delivered in Parliament, & offered to be proved, if further proceedinge in that businesse had not bin forborne vpon a L̃re written to ye house from his Matie wee will now to yor Lops say only this; That whatsoever was brought by vs concerninge Accounts, Depredac̃on, misgovernement, & diuers other crimes, agaynst perticuler persons, was by this Comission, (especially directed by the Earle of Midd,) shuffled of for all the tyme, till the Comission was even at ye end, and nothing done vpon them. And on ye Contrary, whatsoever could be gathered out of the fragments of L̃res from discontented persons in Virginia, concerning ∥either∥ the place or governemt was diligently collected by them, and receaued by the Earle of Middlesex, as a great testimony agaynst vs; and would not take those other L̃res for proofe wch wee euer guided orselves by, and came from the Governour and Coun- sell there. And lastly some three days before their Comission ended, they putt vs on a sodayne to answere to 39 Articles, or else they would take them pro confesso. This they thought for vs impossible to doe. But wee deceaved their expectac̃on; and they could not find in the least perticuler, any iust ground to make any report agaynst vs.
By all this, the Earle of Middlesex and that partie, perceaving ye Companie would not be beaten off a good cause; there was a practise to try whither wee had rather part from the busines, or from our mony. Wherevpon wee were called before the Counsell agayne, and there that side as compassion- ate affecters of the Plantation, vrged the want of Corne & other necessaries there, and that they were like to perish for want of provisions. The Earle of Midd̴ replyed it was a matter of so great importance, & concerned the liues of so many of the Kings Subjects, that if ye Companie would not presently take order for sending Supplies, the State would call in their Pattent. Wherevpon ye Companie conceavinge that if they did send supplyes, their Patent would not [17] be taken from them, vnderwritt to a Roule; (though they knewe ye necessitie was nothing so great,) foure thousand and odd pounds, wch was paid and sent; and those Gentlemen that before seemed so zealous subscribed Twelue poundℯ, and paid it not. Vpon wch comparison wee leaue it to yor Lops to iudge, wch party was the true father of this Child.
This then not succeeding according to their desires, certayne obscure persons were found out by the Earle of Midd̴, to be sent into Virginia, as Comissionrs, for these two ends, as wee haue since found. First to sifte out what they could agaynst the forme of or Governemt here, & there; & next to persuade the people to become Petic̃oners to his Matie for a newe. Wch suceeeded not according to their expectac̃on. For by the Colonies Petic̃ons, answeres to those Papers that had bin delivered agaynst them here, & divers other remonstrances to his Matie from a Generall Assembly there, they shewed the misery wherein they lived, or rather languished in Sr Thomas Smithes tyme; and their happy estate in this latter Governement: concludinge that if his Maty intended to alter the Governement, & putt it into the former hands, their humble suite to him was, That Comissionrs might be sent ouer to another purpose before declared. The writinges themselues will manifest this more at large.
These Comissioners thus sent to Virginia, the Earle of Midd̴ & the rest were not idle in further distractinge the Companie here at home. And about Michaelmas a moc̃on was made to the Companie, to give their assents for surrendring their Pattent, & altringe the forme of Governemt; & a newe one was proposed: Wch according to order they takinge into consid- erac̃on, wth duetie refused: rendring also in writing the reasons of their refusall. Wherevpon a Quo Warranto was directed by the Earle of Midd̴ suggestion, for the calling in of their Pattent.
In the meane time, to affright men, both from cominge to, & much more from speakinge in Courts, mens words were there carped at & complayned of; and their persons by the Earle of Midd̴ prosequution, were vpon quick hearinge sent to prison. Yet for all this the Comp9 stood to their owne Justificac̃on, & defence of their Pattent.
Now Mr Atturney, according to ye duty of his place, & instructions given him, vrged ye misgovernemt of the Companie, & consequently ye ruyne of the Plantation. To wch point wee were willinge to ioyne issue. But afterwards in or reply to his pleadinge, wthout further enquiry of the former allegation, advantage was taken vpon or mispleading, & in fine wthout any further ground that wee knowe of, the Patent was in Trinity terme following Condemned: But for any thing that wee haue yet seene, no iudgment entred.
[18] Yor Lops by the perticulers before related, do see by what courses wee were reduced to this extremitie. One thing yet wee thinke most necessary to adde; It hath bin said by many, & perticulerly by some principall persons of the opposite partie, that ye Dissolutions of these Plantac̃ons was part of the Count of Gondomars Instructions: And certaynely wee found his activenes in negotiatinge here, such, that in bringing about his owne ends, he could create here instruments of orselues agaynst our selues. Wee say not that he & other Spanish Ministers practised thus amongst vs. These two only perticulers, wee craue leaue to offer vnto yor Lops Judgemtℯ. When Sr Samuell Argoll some six or seauen yeares since, was vehemently complayned agaynst, by Padre Maestro, and the Spanish Secretarie then here for Piracie, agaynst the Kinge of Spaines subiects in ye West Indies: he no sooner came home from Virginia, & appeared an Opposite to ye present Company, who question'd him for divers misdemeanors, and amongst others for this, but the heate of the Spanish accusac̃on did presently cease. Our second observac̃on in this; Yor Lops cannot but remember, wth what extreame earnestnes the Count of Gondomar, and afterwards Don Carlo di Coloma, inveighed agaynst Capt9 Butler whilst he was in ye Summer Islandes, about ye Spanish wrack. And so violent were they about it, that ye Lo: Steward, now wth God, and the Lo: Chamberlaine, were entreated to come on pur- pose to the Sum̃er Islands Company, about that busines. And a Comission was directed by the Lords of the Counsell, to examine the truth of the cause in ye Sum̃er Islands. Wch Captaine Butler having bin forewarned of by some freinds of his, lefte his Governemt before he had leaue, and before the arivall of the Comission: Having first there endeauoured to alienate the minds of the people from the forme of Governemt here. But he was no sooner come home, & delivered to his Matie The Vnmasking of Virginia before spoken of, but there was an end of Don Carlo Di Colomars prosequution. Wee haue related the particulars; & make no application.
As for ye late Comission, wch hath succeeded in ye place of the Companie; if wee might haue seene the busines seriously taken into the Graue cares, & prosequuted wth the Noble paynes of those most honoble personages, whose names are inserted in the sayd Comission: wee should haue hoped to haue seene some good effect [19] befitting their great & eminent worth. But whilst their more weighty Affaires haue hindred them, the businesse hath bin principally carried only by those persons, that were the chiefe Opposers of the late Comp9, For although there be named divers worthy Gentlemen, & Cittizens likewise, in ye Comission: yet as wee vnderstand, the most of them haue forborne altogether to appeare at any meetinge. Wherefore when either in or wordes or thoughts, wee complayne of any proceedings of the late Comission; wee allwayes except both all ye persons of Honour, & indifferency: and onely intend those others, whose stomacks were so great, as they durst vndertake the overthrowinge of the late Companie; and yet their harts so narrow, as they haue not dared to adventure all of them during these Nyne moneths, as farr as wee can learne, one five poundes to ye advancemt or subsistance of the Plantation.
By the publiq' L̃res of ye Gouernour delivered them in July last, they vnderstood of ye extreame want of Powder in ye Colonie: and were often told from vs of the great danger that might ensue thereby. Yet did they neglect ye sending of any in the first Shipp, or in ye Second: but about Christmas, & since in March, they haue sent a small quantitie, obteyned by his late Mats guift (as wee heare) out of the Tower.
31 July 1624. Sol. Gen. to Con- way for powder for Virginia out of 2 in store 1
Manuscript illegible, but it may be—"but answered that she was sick".
This did not ye late Company: who vpon notice of ye Massacre, did by the first shipp send 42 Barrells of Powder; for halfe whereof the Officers having disbursed the mony, are yet vnsatisfied.
Whereas all the Fower shippes now sent, were prepared in ye Compañstyme; these last Comissioners callinge in the Comissions graunted them by the late Company, made them take newe as from themselues; that so they might glory vpon anothers foundac̃on: But whilst they thus hunted after windy ambition, hindringe the two first Shipps from takinge a faire winde; they haue bin the causes of all the lamentable calamities & distresses, wch in so long voyages must needs befall them.
The principall scope of his late Mats Comission to them, as wee vnderstand, was, that they should finde a better forme of Government for the Plantac̃ons advancement; and therein is especially promised the conservac̃on of euery mans right. Intentions worthy the wisedome & Justice of so great a Prince. But as farr as wee can vnderstand, these Comissionrs haue done nothing towards either of these ends: But quite contrary to ye second.
[20] By an vnknowne Contract, wch themselues will not so much as declare, much lesse are able to defend; they haue sought to share amongst them- selues, twice as much vpon euery mans goods, as they will leaue to the Owner thereof. And although they say only three of them are Contractors yet wee cannot belieue it; having observed the ends of some of them for many yeares, to haue constantly bin bent to the compassinge of some such advantage, as they haue now by this bargayne gayned.
It is constantly reported that they haue liberally given that wch was not their owne, to those who haue no right thereto; as namely the Colonies Mine to Sr Samuell Argoll, & Mr Woodall surgion to Sr Thomas Smith. But this & all their other proceedinges are kept in great secrett: wch breeds suspic̃on that they haue not bin good; else why doe they fly the Light? This is cleane contrary to ye vse of the late Company: who did all thinges in publiq̢: wch was a cause of §as§ great satisfacc̃on, as this of Distaste.
And as in this, so in all other thinges do they proceed cleane contrary to all right in or vnderstandinge. They publish their Intention of imployinge Sr Samuell Argoll & Captaine Butler for Governours agayne in the Plan- tations: agaynst whome the Colony hath professed open enmity. How they should make ye Colony encrease by these meanes, wch will bring home most of them that are there allready, wee cannot imagine.
Neither are Sr Thomas Smith nor Alderman Johnson fitt or likely men to revnite the late Companie, or to drawe them on to any thinge for ye Plantations advancement: since as the whole world knowes, the late Companie haue not only allwayes conceaved extreamly ill of them, but in the yeare 1623. putt vp publiq̢ accusac̃ons agaynst them, of very dan- gerous Consequence. As for ye Colony, yor Lops haue formerly heard their like opinions.
Nor cann ye late Companie conceaue, Mr Wrote, a fitt Instrumt to sett forward the busines; whome they though vnworthy to bee of their Societie. Nor that those who out of pretence for New-Englands good, haue truly wronged Virginia, should now runne a right way for the behoofe thereof.
Nor in sum̃, that those who haue §little or§ no interest in ye Plantation, should be so sencible of it as were fitt. In wch number wee accompte Sr Nathaniell Rich; whoe to our knowledge hath not aduentured any thinge for the good thereof but contrary wise hath been so prpo perpetuallie a hinderer, & disturber of the Action, that the body of the Company, ad- dressed a Petic̃on of Complainte, to the last Parliament, crauinge iustice against him, for his iniurious & most vnworthy practises. [21] Nor that they that meane not to adventure any thinge, wilbe able to persuade others to doe that wch themselues forbeare.
Nor that euer they will do ye Adventurers of ye late Companie right, in matters of their Estates; that haue so violently endeavoured to do them wrong in their Honors & Reputac̃ons: hauing intended as themselues wright, a Reformac̃on & Correction of the Originall Court bookes of ye late Com- panie then possessed by them, if they could haue gott into their handℯ certayne copies of them wch Mr Nicholas Ferrar late Deputy had at his owne charges caused to be transcribed. But before their seuere order came to him, he had delivered his copys to the Earle of Southampton: who sent the Comissioners word, that he would as soone part wth the evidences of his Land, as wth the said Copies; being the evidence of his honour in that service: so by this meanes haue the Originall Courtbookes yet escaped purging: And wth all duety wee humbly beseech yor Lops, that they may hereafter be protected from it: And that howsoeuer yor Lops shall please for the future to dispose of the Companie, that the records of their past Actions may not be corrupted & falsified.
As for their resoluc̃ons of orderinge the busines, wee cannot say any thinge, because wee heare nothinge, and wee doubt they meane nothinge. For all that wee heare tends only to nothing. They dislike the sending of nombers of men. They professe the reducinge of all tradinge to a Joynt- stock or Magazine: wch courses in or iudgements tend directly to the subversion of the Plantation, at least to ye appropriatinge of it to them- selues which to haue bin the mayne end of some of them, ye late Counsell & Companie for Virginia, haue vpon strong presumpc̃on bin long agoe induced to belieue: and therefore haue now thought themselues bound to declare it, that yor Lops in yor Noble wisedomes may make such due pre- venc̃on as shalbe fitt: humbly beseechinge that this perticuler examinac̃on of their Actions & persons, may not be interpreted to proceed from private spleene, but only from a sincere desire of ye Plantations advancement.
Wee doubt and feare, that wee haue wearied yor Lops wth ye large relation of the proceedinges of these men, wee meane the partie opposite to the late Companie & Colonie. Whereby as they haue laid all kind of Dis- reputac̃on vpon the Action, and made that in ye estimac̃on [22] of the world vilde & contemptible, wch before was held worthy, beneficiall, & honourable: so by their manifold & incessant practises, to wrong & oppresse, to defame & disgrace, by vniust & vnworthy aspersions & contumelies, (& that by word & writing ouer all ye kingdome) the innocency of men zealous for the good of Virginia, for no other fault saue only for their love of right & iustice; they haue bredd a great disheartninge & discouragemt of many the most forward & most constant Adventurers, whose industry also & labours have bin of great vse to ye Plantation. All wch being wearied out wth their mallice and iniuries, and loath to spend more of their lives in so vnthankfull a service, are humble suitors vnto yor Lops, that they may be spared from all farther employment in this Action. And that if these men will now at length apply themselues seriously to ye busines of of ye Colonie, both wth their paynes & purses, wch they haue hitherto spared, and vndertake (wch they owe to his Matie & ye State) the repairinge those ruynes of the Plantation, whereof they haue bin the chiefe cause and instruments: the Governement thereof may, as it is, be continued in them, giving fitt securitie for so great a debt & duty. For wee protest vnto yor Lops, vpon our truth & fidelitie, that if his Maty may be served, the Colony secured & cherished, iustice duly administred, mens rights & states preserved, innocent men not oppressed, and malefactors not protected & rewarded; wee shalbe so farr from envying the glory of their Governement, that extinguishing for euer the memory of all their former iniuries, wee wilbe ready to doe them all fitt service that they shall require.
By this wch hath bin said, yor Lops will easily perceaue, that obedience to yor comaundℯ, and a desire that ye Plantation (if possibly) may yet subsist, is ye end of or labour: not that wee intend, or haue any enclinac̃on, to encomber our selues, wth a busines so vexed & perplexed; but only ayme at what may bee to the good of it, though to or owne trouble. But if yor Lops in yor wisedomes, shall not thinke it fitt to putt it into their handes: or that they, wth such caution as may be reasonably desired, shall not adventure to vndertake it: Wee then will notwithstandinge, in expres- sion of or duty to his Maty and the State, in respect of our ancient & present love to ye Plantation, and for the speciall benefitt that may succeed to this Kingdome by such a place of securitie & retreate in America; (the wont [23] whereof, as by experience in many particulars may be demon- strated, was in the late Queenes tyme the overthrowe of most of or voyages sett out for the West Indies) for these reasons wee say, wee shall endeauour or best, but dare not vndertake, to restore what these others haue ni allmost destroyed. But yet that, vpon such condic̃ons, as wee hold most necessary for the effecting of so great a worke, that is, some impediments to bee removed, & some encouragements to be given to it.
It hath bin a great errour, for any to imagine, that the persons of these men, who haue of late thus opposed the Companie, were either in nomber considerable, or in adventure to be valued any way at all, to further or advance the prosperity of the Plantation: but rather on the contrary, great impediments to the faire proceeding of it: And therefore whereas the late Companie, haue by the vniust practises of divers of these, and some of them vnworthy persons, suffered so much in the reputac̃on of their persons & actions, aswell by private calumny, as also in some publiq̢ proceedings agaynst them: Wee shall for that cause most humbly desire, that ye Actions & passages of or late Governemt, may be brought to an vpright examinac̃on, before this Honoble Board: and that being found, as wee assure ourselues they will, to haue bin most iust, & euer tending to ye Plantations advancement, wee may then haue iust reparac̃on from those, by whome wee & the Plantation it selfe haue bin so much wronged: That the like dangers may be hereafter prevented, by discouraging others from the same attempts; and that wee the late Company, being restored to the integritie of or reputac̃ons, may bee the better enabled to goe on wth ye Action, for ye tyme to come.
Nowe in reguard of the extreame distresse & poverty, that by these late practises of ye Colony is reduced vnto; and by reason of ye disability, & vnwillingnesse of Adventurers, being so extreamely discouraged, and who haue allready wasted a great part of their tyme, and no small part of their estates, in supportinge this Plantation: as also in reguard of the great danger that may be feared from a forraigne enemy: Wee shall most humbly desire, that his Matie would be pleased, to yield vnto the Plantation, some such moderate supply, as after the late Massacre was promised in the last Kings tyme; Namely, the settinge out of Foure hundred able men, at the vol- untary charges of the seuerall shiers of this Kingdome, proportionably to be rated. And besides for ye present [24] pressing necessitie, to give vs some such reasonable proportion of Munition & Powder, as in reguard of these tymes may be thought convenient.
These difficulties & impediments being eased or removed, wee come now in the last place to present our humble opinions, touching the best forme of Governement to be here established for Virginia; wherein wee humbly offer to yor Lops considerac̃on, whether it may not seeme requisite, that a Companie be agayne erected of Adventurers & Planters for the governinge & menaginge of the affaires of that Plantation. In the waginge whereof, wee haue divided our thoughts into these three branches:
If his Matie should be pleased himselfe to vndertake the Plantation, and the charge thereof to be defrayed out of his Royall Treasure; or otherwise at the Generall charge of the Kingdome: Wee hold it out of question, that the fittest Governement of the Action, were by a select Counsell of Honoble & able persons, to be ordayned and appoynted by his Matie, as is vsed in like cases in some forrayne Dominions.
But if the burden & charge must be borne by the Adventurers and Planters themselues: Wee hold it necessary in that case, that ye Governmt thereof be also com̃ended by his Maty to them, incorporated as before into a Legall Companie: yet so, as to be assisted & advised by a Councell to be appoynted by his Maty & bound by oath vnto him; and they also to haue refference in all causes of greatest & extraordinary importance, to his Matie himselfe, or to the Lords of this privy Counsell, from thence to take resoluc̃on & direction, as was formerly instituted, and in the latter times also practised. And this is agreeable to ye com̃on vsage of the world, & in perticuler of this Nation: experience having manifested, that men are difficultly drawne to adventure any great matter in these Actions, in ye ordering of wch they haue no voice or interest.
For as for this late third way of Governement, by an absolute Comission, disprovided of other meanes, saue what should be raysed from ye Plan- tac̃on experience hath taught, that it cann worke no great effect, the hearts of all the Adventurers being turned away from the Action, & ye Plantrs there in great part, vpon the bare feare & forerunning rumour of this Comission, resolving to come away & desert the Plantation. Howbeit if such of ye Comissioners themselues, as formerly enioyed or partaked, & now affected this Governement, would haue opened their owne purses, as was promised to his late Maty, for the support of the Plantation; [25] it might perhaps haue bin continued on for some longer tyme: Whereas now all men avoiding to adventure vnder them, & they not disposed to give example in that kind, but rather to agitate and frame Contracts, whereby themselues might growe rich, though wth the penury & consumption of the Generall Plantac̃on: the Colonie there doth wast by hasty Degrees, and will suddaynly come to nothing if speedy, remedy be not provided.
Now if yor Lops shall thinke good to approve of or humble opinion, (wch wee in all duty submitt vnto yor Lops maturer iudgements,) and that ye Companie be reerected by his Matℯ L̃res Pattents & vnder his great seale, as it formerly was: then doe wee further presume to offer vnto yor Lops considerac̃on, these few perticulers here ensuinge.
First wee hold it requisite, that this new Pattent should contayne ye same priviledges & Lib̴ties, the like orders & directions, as were in the former: yet wth this, that if there appeare in ye former graunts, any thinge inconvenient, as preiudiciall to his Maty, it be reformed:
Secondly, in reguard ye Colonie, taking all ill pleight at ye beginning, doth still runne only §on§ in plying only Tobacco, notwthstanding ye great charges wch the Companie was at, in the tyme of the latter Governement, for ye setting vp of better Comodities, as Silke, Wynes, Iron, materialls for shipping, and others: that his Matie would be graciously pleased, con- tinuing the Custome vpon Tobacco, to remitt the custome of all other com- odities for certen yeares; wch wee suppose would be a matter of very small losse to his Matie, aboundantly to be recompenced in ye yeares ensuinge; and yet a great meanes to drawe the Colony to those better courses, wch no orders of the Companie could yet euer effect: And likewise, that ye Customrs be restrayned from extorting Custome of goods transported thither for mens perticuler provisions, & not by way of Merchandize, as the Law requires.
Thirdly, that in this Pattent there be declared a nullitie of all the proceed- ings of the late Comissioners; having bin vpon iust caase soe extreamly distastfull both to the Adventurers & Planters.
Fourthly & lastly it is desired, that his Matie would be graciously pleased that this new Pattent be confirmed by Act of Parliamt, if ye Lords & Com̃ons wthall so thinke fitt. And this wee hold requisite for two important reasons:
First wee suppose it will greatly encourage the Adventurers & Planters, [26] by giving them assurance of ye continuance of this Plantac̃on, and of their seuerall estates & possessions in ye same: the iealousy wch hath bin bred by the late Quo warranto, being not otherwise possibly to be removed. And this encouragemt would be greatly encreased, if by his Matℯ Royall authoritie, wth consent of Parliament, bothe Plantac̃ons might be annexed to ye Imperiall Crowne of this Realme, according vnto ye comendable pollicie of some other great Kingdoms.
Secondly by meanes of this Act, the New Company may be inabled to recover ye Debts due to ye former Company, either vpon Accompt or otherwise; as also to haue restituc̃on by a legall course for the great depre- dac̃ons done vpon ye Colonie. A matter tending greatly to the support of ye Plantation, as also to ye reestablishing of ye good Governemt of ye same. And this is our humble answeare vnto your Lops first proposic̃on.
[half a page blank]
[27] For the second Considerac̃on, lefte vnto vs by yor Lorpps, namely con- cerning an offer to be made, for such a Contract towchinge Tobacco, wth his Matie, as may both vphould his former Revenue, and not bee greuious to the Plantations, wee say thus.
That vnles in yor lorpps wisdome§s§ those Condic̃ons by vs formerly propounded bee yeilded vnto, wee cannot treate of this buissines; for wee com̃e not as Contractors to make a bargaine for our owne priuate lucre, but wth an ey[e] only to the publique benifitt of the Plantations, as farr as it may be without preiudice of his Matℯ proffitt; wthout any reseruation of secrettℯ, as in the last Contract were pretended: For in a publique bargaine, betwixt his Matie and his people, the most cleere, publique, & direct pro- ceedingℯ will euer receiue the best interpretation.
Wee cannot in our vnderstandingℯ conceiue, that any proffer though neuer soe greate, cann be for his Maties aduantadge, but rather the contrary, if it so presse vppon the Plantation, that the Planter shall not be able to liue with comfort by his labour: And so others be discouradged, from further proceedingℯ. A greate reuenue peradventu[re] maye be raysed for a yeare or two, but if the Plantation decaye the revenue cannot last: And thus it had beene, if the last Contract had gon on; though the immense gayne had come to the Contractors themselu[es] & not to his Matie.
But now for ourselues, it is true A Contract was formerly treated of betwixt the Company, and the Earle of Middlesex, but as hath been before read vnto yor Lorpps though it were then extreame hard, yett it is nowe impos- sible, by reason of the worse case the Plantation standℯ in nowe, then it did then, principally occasioned by the discouradgementℯ giuen to the Company.
Wee acknowledge vnto yor lorpps, that the bestowinge banishinge of all Spanish Tobacco, will much redound to the Plantations benifitt, and his Matℯ losse: but withall, wee conceaue that if there were no Tobacco in neither of thei[s] Plantations, itt were better for his Maty to loose seauen or eight thousan[d] Pound a yeare Custome by the not importation of Spanish Tobacco, the[n] to hinder the importation of 100000li a yeare in money, wch this Comodit[y] did, as was cleerely manifested to the two last Parliaments.
[28] Howsoeuer, wee intend not vppon the Condic̃ons in the former paper mentioned; to make a meane & contemptible offer to his Matie but such a one, as wee conceiue in truth, for the Kings proffitt, to befall as large, & more certayne then this last; and more then at any tyme really came into the Exchequar by this Com̃oditie. Profferinge soe much, as wee thinck the Plantac̃ons can possibly beare & subsist; and goinge as high nowe at first, §as§ we shall euer be drawne to yeild vnto. And doubt not, but that yeildinge vnto his Maty after the first yeare, 10000li certayne, and 3000li a yeare more by Custome, in all 13000li per Annu9, it will be thought more then sufficient from these nowe languishinge Plantations. For in this bargaine the Summer Ilandℯ as well as Virginia are vnderstood to be com- prehended. And so wee are confident, that wee haue given yor Lorpps full satisfaction, to this second proposition, namely, concerninge the offer for such A Contract to be made wth his Matie towchinge Tobacco, as maye both vphould his former reuenue, and not be greiuous to the Plantations. The perticulers followe.
That the sole Importation of Tobacco, into the Realmes of England, and Ireland, be graunted by his Matℯ Letters Pattents vnder his greate Seale, to the Companies for Virginia & the Sum̃er Islands.
That his Matie, by Proclamation inhibite all others, vnder payne of con- fiscation of their Tobacco, and his Matℯ highe displeasure.
That likewise the plantinge of Tobacco in England and Ireland, be for- bidden by the saide Proclamation vnder a greiuous penalty.
In Considerac̃on whereof, the Aduenturers, & Planters of both Collonies, wilbe content, that a fourth parte of their Tobaccoes (wch shall yearely come home) shalbe sett aside & sould for publique vses, and out of ye proceed thereof shalbe
First payd & dischardged the Custome, due vppon the whole Quantitie (wch shalbe brought home,) wch Custome, shalbe after the rate of iijd p̱ pound, as nowe it is rated and wilbe ye full Custome that can be requyred, although the Tobacco should be sould after the rate of 6s p̱ pound.
[29] Secondly out of the §proceed§ of the saide fourth parte, there shalbe farther yearely payd vnto hi[s] Maty by waye of thanckfull retribution for his gratious fauors—10000li.
The whole remaynder of the proceed of this fowrth parte of Tobacco, shalb[e] First, for the defrayinge of the chardges of menadginge and ordringe this Contract. Accordinge as the Company shall thinck good to proportion itt.
And the Surplus, whateuer it bee shalbe bestowed (in such manner as the Companies shall finde most fitt) for the supporte & aduancement of the Plantations.
And because it is doubted, that in regard of many difficulties, wch are allwaies in the settlinge of newe buissinesses, the proceed of the fourth parte, for ye first yeare, may not amount to soe much as the proporc̃ons aboue. Itt is therefore desired, that for ye first yeare his Matie would be gratiously pleased to allowe out of ye proceed of ye saide fourth pa§r§t[e]
First, as much as shall defraye the Custome, then 6000li more towardℯ the vses aboue expressed, and then to accept of the remaynder that shalbe, although it should proue 10000li. But in case it should proue more his Mãtie to haue only 10000li and ye rest to be bestowed as is afore expressed.
That the Tobacco to be brought in be consigned in one hand, vizt of such officers as ye saide Company shall appoynt. And that the saide Company haue the sole menadging of the saide sale of Tobaccoe.
That the Aduenturers of each Plantation shall not be bound to bringe in any greate[r] Quantities of Tobacco then themselues shall thinck good.
It is lykewise desired, that for recouery of all such debtℯ as shall from tyme to tyme growe due to ye Companies by occasion of this Contract, the saide debtℯ may be assigned ouer vnto the kinge, when & soe often as need shall require.
They likewise desire that there maye be inserted in the Contract, a Graunt & Couenaunte from his Matie against the grauntinge of lycences to Retay- lers of Tobacco: Soe that ye Sale thereof may remayne free as hetherto it hath done.
That his Matie be pleased to take a strickt course for the preuenting of all vndue bringinge in of Tobacco by other meanes.
That all confiscations and other penalties vppon this Contract be deuided into three partℯ. The one parte to his Mate vse, the other to ye Com- panies, the third to the Informers.
[Pages 30 and 31 blank. Document endorsed (32) in a later hand:] The discours of the old Company of Virginia. Without date.
[71a] On ye Northerly Side of James River from the ffailes downe to Henrico, Contayneing 10 miles in length are ye publique lands, reserved and layd out Wherof 10000 Acres for ye Universitye lands, 3000 Acres for ye Companys lands, with other lands belonging to ye Colledge, ye Comon Lands for yt Corporacon fiften hundred Acres.
The Corporac̃on of Henrico
On ye Southerly Side, begineing from ye ffailes, ther are these pattents graunted vizt.
John Petterson | 100 Acres | |
Anthony Edwards | 100 | |
Nathaniell Norton | 100 | |
John Procter | 200 | |
Thomas Tracy | 100 | |
John Hilliard | 100 | |
ffrancis Weston | 300 | |
Phettiplate Close | 100 | by Pattent |
John Price | 150 | |
Peter Neinmart | 110 | |
William Perry | 100 | |
John Blower | 100 | |
Surrendred for ye vse of the Iron works. | ||
Edward Hudson | 100 | |
Thomas Morgan | 150 | |
Thomas Sheffeild | 150 |
In Coxendale wthin y Same Corporac̃on of Henrico.
Left Edward Barkley | 012 Acres | |
Richard Boulton | 100 | |
Robert Aukland | 200 | |
John Griffin | 50 | by Pattent |
Peter Neinmart | 40 | |
Thomas Tindall | 100 | |
Thomas Read | 100 | |
[72] John Layden | 200 Acres by pattent |
The Corporac̃on of Charles Citty
George Grimes | 030 Acres | |
William Vincent | 100 | |
Richard Taylor | 100 | |
Robert Parttin | 50 | |
Thomas Douse | 400 | |
George Cawcott | 100 | |
Isacke Chaplin | 50 | |
Thomas Rose | 100 | |
John Owlye | 50 | |
Joseph Charde | 100 | |
John Dodds | 50 | |
William Sharpe | 40 | |
James Usher | 100 | |
Wm Cradouke | 100 | |
John Owley | 150 | |
Theophelous Berristone | 100 | |
John Harris | 200 planted | |
Robert Partin | 100 planted | |
Nathaniell Cawsey | 200 | by Pattent. |
John Carter | 40 | |
Captaine Maddison | 250 planted | |
Richard Biggs | 150 planted | |
ffrancis Mason | 50 | |
Henry Bagwell | 50 | |
Samuell Jarrett | 100 | |
John Dade | 100 | |
Thomas Swinhow | 300 | |
Thomas Hobson | 150 | |
Symon ffortescue | 100 | |
Thomas Oayne | 100 | |
Wm Bayly | 100 | |
John Witters | 100 | |
Leift: Richard Cragg | 250 | |
John Carr | 100 | |
[72a] Richard Taylor | 100 Acres | |
Robert Bowine | 250 planted |
Laid out for ye Company belowe Sherley hundred Iland 3000 Acres
Att Westower 500: Acres Claymed by Captaine ffrancis West
Uppon Apamatucke River
William ffarrar | 100 Acres | |
Henry Milward | 250 | |
Charles Magnor | 650 | |
Samuell Sharpe | 100 | |
Humphry Kent | 50 | by Pattent |
Mr Abraham Perseye | 1150 | |
Rich: Symons | 100 | |
Arthur Anthony | 150 | |
William Seymore | 100 | |
Wm Douglas | 250 |
Here is land laid out for Charles Citty and ye Comonland
The Teritory of great Weyonoke
Christopher Harding | 100 Acres | |
Wm Baylie | 50 | |
Richard Prate | 150 | |
William Jarrett | 200 | |
Capt Jo: Woodlife | 550 | |
Temperance Baylile | 200 | by Pattent |
Samuell Jordan | 450 planted | |
Temperance Baylie | 200 planted | |
Isacke Chaplin | 200 planted | |
Capt: Natha: Powle | 600 |
Mr Samuell Macockes divident
Perseys hundred 1000: acres planted
[73] Tankℯ Wayonoke ouer against Perseys hu: 2000 Acres
Captaine Spilmans Divident
Marttin Brandon belonging to Capt John Marttin by pattent out of England
Vppon ye East9ly Side of Chapoks creeke is appointed 500 Acres, belonging to ye place of Treasure. by order of Courte
John Marttin | 100 Acres | |
Georg Harrison | 200 | by Pattent |
Samuell Each | 500 |
On ye Northerly Side is ye land belonging to Southampton Hundred, contayning 100,000: Acres, extending from Tankℯ Weyonoke downe to ye mouth of Chicahominy River
The Corporac̃on of James Citty
Adioyning to ye mouth Chicahominy Riv9: their are 3000 Acres of Land laid out for the Company: 3000: Acres laid out for ye place of ye gouerner planted, in wch are Some Smale parcells graunted by Sir Thomas Dale & Sir Samuell Argall planted
Mr Richard Bucke | 750 Acres pla'd: | by pattent |
The Glebe Land | 100 |
In ye Iland of James Citty, are many parcells of land graunted, by patent and order of Courte.
The Teritory of Tappahanna ou9 against James Citty
John Dodds | 150 Acres | |
John Burrows | 150 planted | |
Richard Pace | 200 planted | by Pattent |
ffrancis Chapman | 100 | |
[73a] Thomas Gates | 100 acres | |
Mr John Rolfe | 400 planted | by Patent |
Capt Wm Powell | 200 planted | |
Capt Samuell Mathews Divident planted | ||
Capt John Hurlestons Divident planted | ||
John Baynham | 200 planted | |
Mr Georg Sandys | 300 planted | |
Wm Ewins | 1000 planted | |
Edward Grindon | 150 planted | by Pattent |
Capt: Wm Powell | 550 planted | |
Ensigne Jo: Vtie | 100 | |
Robert Evers | 100 |
Hogg Iland
Marye Baily | 500 Acres plantd |
Southampton hundred | planted |
Captaine Hamor by claime | 250 Acres planted |
Archurs—hope
mr Rich Bucke 750 acres of land. by Patent. | ||
Capt Roger Smith 100 Acres by order of Courte | ||
Richard Kingmell 300 by pattent | ||
Mr Wm Claybourne 250 by order of Courte | ||
Ensigne William Spence | ||
Jo: ffowler | 300 acres | by pattent |
John Johnson | 100 | |
Richard Kingsmell | 200 by order of Courte | |
Wm ffairefax | 200 | |
Joakim Andrewes | 100 | |
John Grubb | 100 | |
John Jefferson | 250 | by pattent |
George Perry | 100 | |
Richard Staples | 150 | |
Richard Brewst9 | 100 |
Martins hundred Contayning as is alledged 800000: Acres: part planted
Nere Mulbery Iland
Nethaniell Hiatt 200 Acres by pattent
Capt Wm Pearcey & mr Jo Rolfe wth Some others 1700 Acres plan'
[74] Warrasquoake plantacon Cont: downe wards from Hogg Island xiiijth miles, by ye River Side in wch are these Pattent following Vizt:
John Cartter | 100 Acres | |
Christopher Daniell | 100 | |
Adam Dixson | 100 | |
John Berry | 100 | |
Thomas Winter | 100 | by Pattent |
John Pollington | 600 | |
Thomas Poole | 100 | |
Anthony Barham | 100 | |
Capt Nathan: Basse | 300 planted | |
Gyles Jones | 150 planted |
Blunt point
Mr Wm Claybourne | 500 Acres by order of Court | |
John Baynham— | 300 by pattent | |
Capt Hamor— | 500 by order of Court | |
Gilbert Peppett | 50 planted | |
ffrancis Gifford | 50 planted | by pattent |
Capt Mathews his divident by order of Court planted | ||
Thomas Hethersall | 200 acres | |
Cornelious May | 100 | |
Richard Craven | 150 | |
Rich: Tree | 50 | by Pattent |
Richard Domelawe | 150 | |
Perciuall Ibbison | 50 | |
Edward Watters | 100 |
belowe Blunt point
Capt Jo: Hurleson | 100 Acres | |
Robert Hutchins | 100 | by pattent |
John Southerne | 40 | |
Sir ffrancis Wyatt | 500 by order of Court | |
Morrice Thompson | 150 | |
John Salford | 100 | |
Pharrow fflinton | 150 | |
Leift: Giles Allington | 100 | by Pattent |
Wm Bently | 50 | |
Thomas Godby | 100 |
[74a] The Corporac̃on of Elizabeth Citty
New ports-newes | 1300 Acres planted | |
The Gleab Land | 100 planted | |
Mr Keyth | 100 planted | by Pattent |
John Taylor | 50 planted | |
John Powell | 150 planted | |
Capt Wm Tuker | 150 | |
Richard Bolton | 050 acres claymed & planted | |
John Salford | 50 planted | |
Robert Salford | 100 planted | by Pattent |
Robert Salford | 100 planted |
Miles Prickett | 150 planted | |
John Bush | 300 planted | |
Wm Julian | 150 planted | |
Leiftennt Lupo | 350 | |
Elizabeth Lupo | 50 planted | |
Thomas Spilman | 50 planted | |
Edward Hill | 100 planted | |
Alexander Mountney | 100 planted | |
Wm Cole | 50 planted | |
Wm Brooks | 100 planted | |
The Glieb Lane | 100 planted | |
Elizabeth Dunthorne | 100 planted | |
Wm Gany | 200 planted | by pattent |
William Capps divident | planted | |
Wm Laudsdell | 100 | |
Mr Wm Claybourne | 150 | |
John Gundry | 150 | |
Mary Bouldin | 100 | |
Thomas Bouldin | 200 | |
Mr Petter Arundell | 200 | |
Bartholmew Hoskins | 100 | by Pattent |
Capt: Raugly Croshaw | 500 ffox Hill and Pomaunkey River | |
Thomas Willowby | 200 by order of Courte |
On ye Easterly Side of Southampton River ther are 3000 Acres beelonging to ye Company, at Elizabeth Citty, planted, and 1500 Acres Comone Land [75] On ye Southerly Side of ye Maine River against Eliz: Citty
Thomas Willoughby | 100 Acres | |
Thomas Chapman | 100 | |
Thomas Brewood | 200 | |
John Downeman | 100 | by Pattent |
Capt Wm Tuker | 680 | |
John Sipley | 250 | |
Leiftenant Jo. Cheesman | 200 |
The Easterne Shore
John Blowers 140 Acres
Certaine others haue planted their but no pattents haue bine graunted them, The Companys and ye Secretarys Tenantℯ were also Seated ther, but no Land ordered to bee laid out for them, as in ye other 4 Corporacons.
Ensigne Salvage Divident
Sir George Yeardly at Hungers 3700 Acres, by ord9 of Courte
This extracte of all ye titles & estates of land was sent home by Sr ffrancis Wyatt (when hee returned for England) vnto the Lds of his Maties Priuy Councell, according vnto their Order in their letter Dated at Salsbury
W. Claibourne May 1625
Right Honorll͠
We haue receaued order from Your Lorp̃p̃s. for returninge an Accoumpt of mr Pountis his estate together wth the goodes themselves, An Inventory we haue taken, by wch Sr. Thomas merry may vnderstande ye valwe therof to be farr shorte of wt is conceived, and his depts both by reason of his owne engagementℯ, and intanglinge him selfe wth the estates of other men, Tenn tymes exceedinge the same, Therfore we humblie desire to be excused yt we sende not home the goodℯ, The most parte wherof are not woorth the Transporte, to the end the Creditors may receaue some p̱te of Satisfactione
May it please your Honors. to take knowledg yt we are informed yt Sr. Tho. merry knight as Executor to mr Powntis, doth sue mr John Eache for the payment of two hundred pownd wch the Countrey assigned vnto him towardes the supportance of his Charges in the solicytinge of theire affayres, A publique p̱testatione beinge made by the saide mr Powntis, that he would receiue the money by parcels as he should haue occasione to vse it, and render an accoumpt of his disbursments, and to restore the remander, now Since no money was expended, and our suite not p̳secuted, by resone of his death at his first arival vppon the Coaste, The Country humbly by us solicyte your Lorp̃p̃s, that they not both lose theire cause and theire Charges, But that you woulde be pleased out of your Lorp̃p̃s accustomed equitie to take such order, That Sr. Thomas merry his suite may not p̳ceede to the pervertinge of the intentione of theire gifte, and the equitie of the cause itselfe, To wch we doupt not yt he beinge soe worthie a gentleman, will willinglie condiscende, We haue further to acquant your Lorp̃p̃s that his maties Comissioners for the affayers of Virginia haue written vnto us to send home the Tobacco levied for the discharge of the two hundred powndes yf it had been paide & consigne it to them, Wch we desire wee may nott be forced vnto, beinge more grevious then ye former, seinge those goodℯ, the money not beinge paide, is theire owne that gave it.
Wheras Capt John martin formerly recomended by your Lorp̃p̃s. and lately nominated by his maties Comissioners to be one of his Counsell in Virginia, hath proved him selfe altogether vnwoorthie of either, as is evident, yf your Lorp̃p̃s shalbe pleased to pervse them, by many depositions and other p̱ticulers, in so much as we haue benn forced owt of ye service wch we owe to his matie & this Countrey, to suspende him from the Executione of his place, wherin we proceeded accordinge to the awthoritie formerly given, And ratified by his maties Comissione, and the Comissioners order, To whom we affoorded all respect and favor, not wthstandinge his many delinquencies from his first entrance into the lande, vntill they grew to soe great an excess as was dangerous to his Maties service, and extreamely preiudicyall to the Colony, and we humblie desire that this may be accepted as our iuste excuse.
We haue vnderstood from one of his maties Comissioners for virginia, that his matie is highlie incensed against us for punishinge one Edwarde sharples, who beinge farr aboue his qualitie and condicione after the death of mr Secretarye, into whose service at his ernest request, he was first receaued, admitted to wright vnder us as a Clarke, and sworne not to deliuer any copies of our wrightings wthowt leaue from the Gouernor, He contrary to his oath and dwtie, had vppon a secrett practice, delivered our papers wch greatly concernde us, comitted to his charge, for wch his perfidiousnes and periurie, he was sett one the Pillory and lost a peece of one of his eares, though his sentance was to lose them bothe, wch hath been so misreported & aggravated to his Matie, as other thingℯ also hath benn, as a bloudie and barbarous Acte, and we threatned wth such fowle and iniouryous tearmes as yf we were below the Conditione of ffreemen, We humblie desire Your Lorp̃p̃s that we may not tread as vppon thornes, in all our ac̃c̃ons through the malice of our traducers, nor be subiect to theire violent insultingℯ.
Lastlie we are humblie to offer to Your Lorp̃p̃s consideratione the desperate estate of this Colony, by the late p̱nitious contract wch hath diverted his maties royall intentions and bountie to this Colony in grauntinge us the sole importacione of Tobacco, (wch well ordered, would certainely and suddenly advaunce the Plantacione, by the presente inhablinge us for woorkes of woorth and continuance, but by convertinge the benefitt therof to theire privatt and inordinate lucre, hath giuen the Colony the greatest blowe that euer it receaued, And wthowt spedie redress, will proue incur- able, and cause this noble and hopefull Accone to be deserted, The effectℯ wherof begin to disclose themselues in our scante & miserable supplies, at moste inconscyonable rates, and in the generall discoragement of the whole Colony, And we may not be silent, that some whom his matie hath appoynted Comissioners for those affayres, are contriuers & favorers of this Contract, [14a] Contrary to theire duties and the trust ymposed vppon them by his matie, and some of them alredie by theire divininge and tryumphinge vppon those miserable wantes that we are alredie falen into, shew they well enoughe vnderstande the inevitable p̱nitious conse- quences of the Contract, wch will, as they say, make us rather to be pittied then expostulated wth all. Besides the malitious designs wch are now in plottinge and Contrivinge to overthrow his maties publique ministers, who haue discharged theire Conscyences in his maties service wth all integretie and fidelitie, And we no longer desire his maties favor, wch is more then life vnto us, then theire intentions shall appere to tende to the destructione, And our endeavors to the upholdinge and advancment of the Colony. Thus humbly desiringe your Lorp̃p̃s to take our innocence into your Honorble͠ patronage, and that accordinge to the Coustome of the former tymes We may nott be Condempned before we be harde, and that the Colony may nott fale whilst it is in our Charge by the sinister practice of others, wch frustrate all our endevers we humbly take our leaues, And rest and remaine
James Cytie the 15tℯ of June 1625.
Your Lorp̃p̃s most humble Servantℯ
Samuell Mathews | George Sandys | Francis Wyatt |
Abraham Persie | Roger Smith | Francis West |
Wm Cleyburne. | Raphe Hamer | George Yardley |
To the Right Honorbll͠ the Lor̃s of his maties moste Honorbll͠ Priuy
Councell.
Right Hounbll͠ &c.
We haue had many royall assurances of his maties greate care and favor to this Plantatione & we returne our humblest thanks vnto his Highness, yt (not wthstandinge the revokinge the former Pattent) he hath gratiously p̳mised, not only to confirme, but to enlarge wth ample priveleges ye private interestℯ of Adventurers & Planters.
It is trew there hath been a late decrease in ye progress of Adventures and supplies sent hither, butt in other respectℯ ye Colonie was in a hopefull waye & in as good a Conditione as ever, howsoever his matie hath benn informed the Contrarye as appeers by your Lr̃es to our noe smale preiudice.
We haue to our vtmoste habileties endevered to discharge that trust imposed vppon us by his matie in his late Comissione, but we hope that we shalbe shortlie eased of this burthen, ye Comissione beinge only for the present, in p̱ticuler, Sr: Francis wyatt doth render all humble thankes to his matie that he was graciouslie pleased to dispence wth his service, in grauntinge leave at his choyse, to retourne, Although at our ernest requestℯ, and his zeale to the Actione he is Content to staye a little longer, the arivall of a new Gouernor, wch we haue longe expected.
It is no new thinge to us to be wronged by the defamatione of malitious rumors, wheras this concerninge Capt Haruy may match any in falshoode, and we desire that the awther therof, yf it cann haue any, may be noted wth ye infamye of a slanderer, and we wounder that such a rumor should goe vncontrolde, when mr Porye one of his maties Comissioners was present at the fynell conclusione of that busines, and coulde haue certified the Contrarie.
We had by the laste shippe sente a generall muster wherof we now sende you a copie wth additions of the distances of the severall Plantationes, How they haue been since awgmented, you shall know by the next generall muster, wch we intende, god willinge to take after ye next harvest
We haue wth these retourned you ann Accoumpte of wt landℯ, goodes, serv- ants, Tenants, howses, boates or shipps, are any waye belonginge to the Compeny, and wt belongℯ to ye Offices stated by the Compeny, as farr as we coulde learne by oath or otherwyse.
Concerninge the depts and the moytie of the labors of the Compenys Tenants, mr George Sandys now returned hath brought into us an ac- coumpte, wch we heerewith send you.
That transactione made by the Compenye to the Gouerner and mr George Sandys was in p̱te of Satisfactione of theire p̳mised meanes, a dwe dept, and not a gifte, And to haue it wrested from them, vppon the revokinge of ye Pattent, we accoumpte it a greate oppressione consideringe his maties gracyous p̳mise of preservinge ye p̱ticuler interest of every man, other alienatione we know nott of.
We hope yt no man doupts but yt it was necessarie to enioyne ye Planters to finde men towardes ye erectinge of a Blockhowse, though it fayled in suc- cess, through many misaccidents, easier to Censure, then to haue pre- vented, the five pounde of Tobacco p̱ pole was not imposed, Lest a volun- tarie contributione of such as had been at no charge conceringe the same, to ease the burthen of others, of wch little hath been gathered, The tenn pownde of Tobacco was also a volutary gift of ye Countrey, and ye charges allowed uery necessary, nether could it be expected, consideringe our troubles, but yt they should haue been much greater, Howsoeuer ye Cla[m]or of some suborned calumniators may haue moved you to cale it a pretext, And we hope that ye free Acts of the Countrey shall not be farther ques- tioned to the preiudice of any man. The accompts therof as much as haue benn receaued we haue heerwth returned.
The fower pownde of Tobacco p̱ pole was given by ye Countrey to mr Powntis Conditionally yt he receaved the money and solicyted ye cause of the Countrey, wch faylinge, the Countrey conceives yt it must in iustice and equitie retourne to themselves, as ye trwe p̳prietors thereof, Besides as we vnderstande, there is like to be suite about ye recovery of the two hundred pownde by mr Pountis his Executor, wch although we doupt not, when the case shalbe trwlie knowne, will appeere to haue no Couller of law or conscyence, yett in the meane tyme it is necessary yt ye saide Tobacco should remane as a securitie to those yt stande engaged, wch is ye generall desire & resolution of ye Countrey.
The marchante was never enforced to take Tobacco at three shillings the pownde nor did they allow us aboue twelue pence a pownde at the moste as the Comodities were worthe in Englande, Butt we fownde it absolutlie necessarie to sett some bounde [t]o the sea of theire Covetousnes, that would else haue overwhellmed all, although the penaltye of theire daylie faylinge were never exacted, and since, They haue taken more libertie to them selves vppon this new order, The wch haue beene inhaunsed so intoler- ablely, as yf it contynue but a yeere to an ende, the Colonie will vtterly be ruyned, neyther see we how it can be redrest, except the late p̱nitious contracte be overthrowne, wherin we doupt not of your vttermost asist- ance, as the most important service you can do to his Matie for ye vpholdinge of the Colonye.
[13] Mr Blany [&c (on next page)] mr Blany never medled wth the disposinge of the maides, But mr Pountis by whose death the accoumpts are left much intangled & perplexed, many in ye list mentioned, wch haue made payment and most of ye rest pretend the like, of wch yett we haue not had tyme to examine the prooffs, That of the Shipwrightes and the glass woorkes geuen in by mr George Sandys we heerwith send you, the death of one of ye princypall woorkmen, an other beinge subiect to the falinnge sicknes, and many defects wch render the woorke vnservable, Hath moved us to Cond[e]scende to the importunate suite of the glass men of returninge for England, wch woorke so longe, as there was any hope, was supported by mr George Sandys to his great charge and hinderance, We haue taken Cautione of them to be at ye disposall of the Adventurers till the expiratione of the tyme of theire Covenants.
The accoumpt of Suthamptone hundred, we refer to Sr: George Yardley who is now retorninge for England who alleageth yt it was a dwtie belong- inge vnto mr Pountis, vnto whom he resigned all the estate and accoumpts of yt Plantatione, when that socyetie first appoynted him Threar, but since he harde of his death he hath dilligently enquired into the state therof, and wilbe redie to acquaint you, how it standeth at present.
Those transcriptℯ wch you require, will aske more tyme, in any tollerable sorte to p̱fect, Then the stay of those shipps will affoorde, mr Cleybourns accoumpts you shall receaue heerwth.
The oath hath been Administred to those nominated in his Maties Comis- sione, butt since, for many weightie causes we haue been forced to suspende Capt. John martin from the exercise of his place, a man of a prostituted conscyence, a sower of disentione and seditione, one from whose false accusations no innocencye can be safe, disobedient to Gouerment, and a p̱sone exceedinge daungerous to the state and Colonie, and we humblely desire he may not be restored, wthout our remoueall.
We should be redie wth our vtmost endevors to asiste yt pious worke of ye East India freescoole, but we must not dissemble, that besides theire vnseasonable arivall, we doupt yt the age of mr Careleff will over ballance all his other sufficyency, though exceedinge good, and the number soe few, as little wilbe expected from them, They were not liable to subsist of them selves vppon certen Cleered grounde wch they might have had in Martins hundred, and cam in so late as they could hardlie haue howsed themselves, But what Accomodations they could possiblely give them, was offered by mr Horwood and mr Emersone, but mr Careleff vtterly refused to seate there, though we advised him to it, he pretending yt many of you disliked of that place, and yt the charge of disposinge ye men lay vppon him, The accoumpt of ye people and goodes formerly sent for the Easte india scoole, we heerwith send you, We desire yt theire zeale who haue traduced us in that busines may heerafter be ioyned wth some better knowledge, and y casuall faylings by mortalitie and otherwise, may not be charged vppon us.
We haue receaved the twelve bar̃r̃. of powder sent in the Tomperance, for wch we render our humblest thanks to his most excelent Matie, The longe stay of ye Elizabeth makℯ us doupt hir safetie, yf she misskarie this p̳por- tione & our former store being vtterly exhausted, and no hope left of suplie from private Adventurers, will hardlie enhable us to defend our howses, much less to p̳secute our revenge vppon ye salvages, and therfore we ernestly desire, that wth the first, it may be supplied in a large p̳portione, one hundred bar̃r̃: of powder beinge but a yeerlie Competencye for the numbers heere.
Concerninge Vrsula ffrench there is securitie putt into the Courte in the behalfe of Elias longe yt one hundred waighte of the best Tobacco shalbe paid in for ye said vrsula french at ye next cropp.
Concerninge the Cattle in Controversie between Sr Samuell Argall & the Company, we retourne you the accounpt (from those to whom they were severally disposed by Sr George Yardley by order from the Company) of soe many as we finde to be remayninge.
We finde yt you haue bynn exceedinglie misinformed by mrs Blany, the land wch she claymeth beinge excluded by a p̳viso in the Pattent, and ye goodes most of them beinge dwe to ye saide Capt mathews, by Capt Powell, And longe before her retourne the accoumpts cleered between him and mr Blanye. A Copie of the Pattent and the case as it appered to us, Together wth the severall depositions, and the order thervppon concerninge the same, we heerwth send you. Yt appeers yt Capt mathews was seated vppon the saide Lande neere twelve moneths before he was questioned at all by them, and no Complaint brought before us, till mrs Blaynies retourne out of Englande, By wch means Capt mathews hath p̳ceeded in great Charge in Buildinge and cleeringe, Wch however the case may proue, ought in Con- scyence & equitie to bee satisfied, And exceedℯ the value of the lande.
Mounsier Bomonte is arived, and accordinge to your order we haue geven him the best Accomodatione we maye.
[13a] Thus humbly desiringe yt false reportℯ may not gaine creditt aboue our publique informationes, and that wronge Courses contrary to our certin knowledge and experience may not be taken, To the indangeringe of the Colony, And yt our trwe and faithfull endevours may haue due ac- ceptatione, recomendinge all to the p̳tectione of the Allmightie, We humbly take our leaues, and remane,
Att your Comandes
James Cyttie ye 15th of June 1625
Sam: Mathews George Sandys Francis Wyat
Abra: Persie Roger Smith Francis West
Wm Clayburne Raphe Hamer George Yardley
To the right Honorbll͠ the Lords and other his Maties Comissioners for ye
affayers of Virginia
Right Honorbll
Vppon the 20th of december last arived ye good Shipp caled the fflyinge harte of Vlushinge sett owt by mr Arthur Swaine & William Counnstable Adventurers of the Company, who brought no Comissione wth them, yt mr Huett (who was to be theire Pilott) beinnge ymployde to london for p̳curinnge a Comissione, returned nott, though they staide for him a longe tyme to theire great hinderance Wherfore conceivinge it not any willfull error or neglect, we haue offered them ye priviledge due to Adventurers, Chiefly in regard ye extreeme wantℯ of the Country enforced us, howsoever not to refuse supplyes, Besides the wante of a Comissione, we finde yt aboue halfe ye passengers com in wthowt any p̳visione at all, who although they com in as servantℯ to Planters, who havinge been seated heere may be supposed to haue made provisione for them, Yet till the Countrey be better aforehande, a care would be had, not only to new Comers, but even to Planters that they com over well p̳vided, But that wch happilie is the gretest inconvenyenc is, yt after so longe an expectacione, and soe great Charges they come wthowt any letters or Direction at all, to guide or p̳ceedingℯ, All wch we humbly desire yt you would be pleased to take into your Considerationes And accordinge to your graue wisdomes to prevent ye like inconvenyences heerafter, and to give us instructiones yf ye like case should happen at any tyme, What one our p̱tes is to be done. Not- wthstandinge these irregularities, the substance of the newes they bringe is soe ioyfull and welcome, as after many discomfortes and perplexities, hath revived the hartℯ of all men namely yt it hath pleased God, to place in the Royall Throne, our gracious Souerainge Charles (whose happie Raigne God of his mercy longe Contynue over us) who not only in pietye, iustice, and wysdome treads in the stepps of his Royall father of famous memory, butt in his affectione and favor to this hopefull Colony, not only by contynuinge ye favors formerly granted, but by addinge and enlarginge them, and takinge the care therof, amidst ye multiplicytie of his great affayrs, into his more neere and specyall Consideratione, wch gives us assured hope that our peticyons, formerly exhibited, shall haue a favorable admittance & such order taken therin, as may best conduce to the advance- ment of the Plantatione, wch as it is noe lesse to be Cherished in the fflorish- inge tymes of peace, then necessary to advance ye enterpryses of warr, Soe it well agres wth ye fortitude and magnanimytie of his most excellent Matie (wherin he emulates the glorie of his renowned p̱decessors, to p̳secute and give p̱fectione, by his Royall favor and bountie to this Honorll Accõne, We humbly therefore desire you to make remonstrance to his gratious highnes, That not only we are vtterlye vnfortified against a forren Enymie, wch we are now allways to expect, but our store of powder and munitione (of late soe scantlie supplyed) is soe extreme shorte as is not sufficyent to secure our Plantations against our Domestique Enymies much less for defence againste Invasione, prosequtione againste the Treacherous Salvages (and the last supplie of powder sent in the Elzabeth (wthowt wch royall bountie of his Matie we could not haue subsisted) cam in so late in Sommer, as the tyme of preparatione for Cuttinge downe the Salvages Corne was paste, And since no additione beinnge made, we cannott vnfurnish our selves of any for that soe necessary service, wch surcease of ours, owt of meere necessitie, gives the Salvages an hope of our inclynatione to peace, of wch they are infinitlye desirous wherby it is probable, that they will plant great quantities of corne in knowne places, soe as yf suplyes of people powder and munitione com in in tyme, we may haue fayre oper-tunitie to revenge theire former Trecheries, wch we haue, and ever shalbe most willinge to p̱forme wth our Vttmost abilities although we hope yt some course wilbe taken to ease the Countrey of that greate Charge.
About the middle of July last arived Capt Jones in a Spanish ffriggott wch he had taken the west indies vnder the Comissione of the States, as he pretended, graunted to Capt Powell from whose Consort shipp he seperated himself, and putt in heere for reliefe, his vessell beinge very leakey and theire victualls spent. She brought in noe pryze, but some few rawe hides wch by necligenc laye suncke in the shipp and were spoyled, him self dyed shortlie after, and since his death, there are rumors risen contrarie to theire first examinations, of mutyneis & disorders comitted by Joanes and some of his Compeny against Capt Powell, of wch perhaps we may haue more light from England or the lowe Countreys, accordinge to wch, we may the better know how to p̳ceed, since we conceave the substance of theire Actℯ against the Spaniards are not now to strictlie to be questioned. They brought in wth them for theire Pilott owt of the Gulfe (wherin they had loste them selves divers monethes) a Portugall, who seemes to be expert in all places vppon the Coaste of ye west Indyes who is yett livinge, how to dispose of him we know nott till we heere from you.
Uppon yor former letters we did forbeare to execute our p̳clamation con- cerninge ye rates of Comodities, though we then certified you how excessiue they grew, and have since exceded all boundes and lymmitℯ, but findinge, That notwthstandinge it hath pleased his matie to disanull the pernitious Contract Pryzes rather encrease then dimishe we haue been constrayned [69] To [revive] by * * * the former Edict by a new Proclamatione, wherof we [heerewith] * * * you, desiringe yt we may rather be beleved in that we finde necessarie to the vpholdinge of the Colonye, then every J[ack] wch speak only for theire owne ends, submittinge it to your Judgments, wh[ether by] soe lowe prysinge of our Tobacco for the encoragement of Adventurers we do no[t more] preiudice ourselves then them, What benefitt shall we haue by the sole ym[port] yf we haue not twelve pence the pownd for our Tobacco, in exchange for Comodi[ties] how can we compell the Planter to make his Tobacco princypall good, wch now soe [con]cernes us, yf he be still enforced to make soe great quanteties to furnish th[em] wth necessaries, And wheras it may be conceived yt by the ffullnes of supplies [prices] will fale of them selves, there is little hope thereof, and in ye meane tyme we shall [come] to as desperate a Condicione by deptℯ and povertie, as we are now in by the scantnes. How can it be imagined, That ye countrey should be fully supplied, Wheras accordin[ge to the] rates lately Currante, two Thowsande pownde adventure will exhauste all the * * * one Cropp
The Gouernor hath longe expected a Successor and ye necessitie of ye estate compelleth him not to putt of any longer his retourne for Englande, wch [suits?] the pourpose also, for wch though we hope it is alredy p̳vided, yett holde it our dutie to [make] advertisement therof.
We haue benn enforced for wante of advice and a new Comissione to p̳ceede accordinge to the former, And we humbly desire yt our con- tynuinge the same forme & course of our p̳ce[ding] may be interpreted as donne owt of necessitie, lest ye Colony (in the interim) should [suffer] wante of due order and Gouerment.
Lastely beseeching you to take such order, that we may not heerafter be * * * or amazed in our busines for want of directione, And yt our endeavors in his Maties service [may not] be frustrate for wante of meanes, we humblie take our leaues, Restinge
At your Comands
Francis Wyatt
Fra. West
Roger Smith
Raphe Haner
Abraham Persey
William Cleyburne.
James Cyttie about the 4th of January 1625
To the right Honorll the Lor̃s & other his Maties comissioners for the
affayers of Virginia
Right Honobl͠
The 23th of march arived the good shipp the Virgen of Southamptone wth Lr̃es from your Lop̅p̅s wilbe of the 24th of October laste, Wherby we vnderstande his Maties royall care of this Plantation, as well in present supplie of our wants, as in takinge order for the full and p̱fect setlinge of ye affayrs therof. To the greate encoragement of the whole Colony, She bringℯ us an ernest of those larger supplies gratiouslie p̳mised by Matie, in Comodities though in p̳portione not answerable to our great wantℯ yett all very vsefull and well conditioned, for wch we must acknowledge our great bonde to your Lop̅p̅s & in p̱ticuler to our singular good lorde The Lor Highe Threar̃.
We must ever acknowledge it a singuler favor from his matie, That he hath been pleased to remitt the ympositione vppon Tobacco in Consideratione of supplyinge of the Colony and we humbly desire yt your Lop̅p̅s wilbe pleased to take order, that it may be aswell p̱formed one theire p̱tes as p̳mised, since we vnderstande not as yett of any shipp sett owt by them, Except it should be the William & John, wch is a smale shipp, and her course by the west indies, As the tymes are, full of hazarde, and makes our supplie by her, very vncertaine, neither can it be greate, as well in respect of ye Passengers wch she is to lande there, as of the Comodities wch may be likelie to be vented there.
Nothinge hath been longe more ernestly desired, then the setlinge of the affayres of the Colonie, aswell for the Gouerment as otherwayes, neither could there haue been a greter Incouragement to the Planter, Then to vnderstand it to be his Maties gratious pleasure, That noe p̱sone of whome they haue heertofore iustlie complayned, should have any hand in the Gouerment, (either heere or there) And we humbly desire yor Lop̅p̅s to solycite his Matie (yf it be not alredye donne) for the spedy Accom- plishment therof, The rather because the Governors necessary occasiones require his present retourne.
His maties gratious assurance yt every man shall haue his p̱ticuler right p̢served wth additione of resonable immunimentℯ, wilbe a singuler meanes of invitinge many people hither, and settlinge them selves heere, Who for the moste heertofore, (by reason of the many distractiones & discorage- mentℯ, Haue only endeavered a present Cropp, and theire hastie retourne, To ye greate hinderance of raysinge staple Comodities, & all woorkes of woorth and Contynuance, wch all men will wth ernestnes and alacrytie applye themselves to, when theire thoughts are fixed in this Countrey, And much the rather, yf your Lop̅p̅s shall obtaine of his Matie ye remissione (for the present) of the ympositione of §vpon§ Tobacco, & other comodi- ties, for the p̱fectinge wherof, since as yett we must be inhable by vp- holdinge the prise of Tobacco, We humbly beseech his matie to contynue his favor in p̳hibitinge the ymportatione & sale of all Tobaccoes, except from this Colony and the Sommer Islands, And heere we cannot but make remonstrance to your Lop̅p̅s how preiuditiall those petty Plantationes of the Englishe in the Salvage Islands in the West Indyes, must proue to this Colony, in effect to the vtter overthrowinge of the benefitt of the sole ymportatione graunted to us by his matie, both in respect of the quantities they may sende, And that vnder Couler therof, much Spanish Tobacco may be ymported & vented, And yf the saide p̳hibitione be not strictlie and precisely lookt to, ye m9chante who now hardlie keepes himselfe wthin the boundes of our proclamation concerninge the rates of comodities) will take advantage therupon to inhannse his pryses excessiuely, Wherby the Colony wilbe kept in povertie as formerly.
Those greate and ymportant woorkes, of surprysinge the Indyans, dis- coveries by sea and lande, ffortificatione againste a foraigne Enemy, that they may be throwlie and effectually p̱formed, will require no less nmbers then five hundred soldiers to be yeerly sent over for certen yeeres, wth a full yeers p̳visione of victualls, apparell, armes, munitions, toole, & all neces- saryes, To which woorthie designes, The Colynie wilbe allways readie to yeeld theire best furtherance & asistance, as they haue beene very for- warde since the massacre, notwthstandinge theire great losse then sus- tayned, And we conceive so great expence will haue the better success, yf the orderinge therof be referde to ye Gou9nor and Counsell heere residinge, wth the advise (in specyall cases) of the generall Assembly, both concern- inge this and all other thinges wch may conduce to the settlinge of the Plantatione.
We haue formerly given your Lop̅p̅s advertisment, in the generall As- semblies answere to the fower p̳positions propounded by your Lop̅p̅s to the Comissioners sent hither, And we doupt not but Sr. George Yardley hath given your Lop̅p̅s full informatione of all things necessarie, And that nothinge be wantinge one our p̱tes, by the next shipps we will give your Lop̅p̅s more full advertisementℯ wt courses we conceive most proper and assured for advancement of this noble Accõn.
[70] Tendinge soe much to the glory of God, and his maties honor, As farr as experience vppon ye place shall inhable our weake abilities. By the next also we shall advertice your Lop̅p̅s of ye Titles & estates of the severall owners of lands and other p̱ticularities required by your Lop̅p̅s, wherin we could not give your Lop̅p̅s present satisfactione, those shipps beinge suddenly to Departe.
We shall exactlie obserue his maties Comande yt all iudgmentℯ, Decrees, and ymportant Accons be given, determyned, & vndertaken, by the advise and voyces of the greater parte of the Councell (wch course also we heertofore observed in all our p̳ceedingℯ) And yt all be donne in his maties name, vnder whose royall Gouerment and p̱tectione, this Accon (wch hath hitherto labored vnder so ma[n]y Difficulties shall we doupt not receive the dwe p̱fectione, And (as we never did) soe we shall always for- beare the Chousinge of any Officers for longer tyme then dwringe his Maties pleasure.
Thus beseechinge your Lop̅p̅s to Contynu ye Patronage of this Plantatione, that the beames of his maties favor may by your mediatione and Councells shine, and be derived vppon us, to Cherishe our Indeavors, And quicken our new springinge hopes, that noe Contrary gustℯ may nipp them in the budd, nor envious cloude interpose it selfe betwen us & that comfortable light, we humbly take our leavs,
Your Lop̅p̅s very humble servantes
James Cyttie the 6th of Aprill 1626.
Francis Wyatt
Francis west
Roger Smith
Raphe Hauer
Abraham Percy
William Cleayburne
To the right Honorbl͠l the Lor̃s of his maties most Honorbl͠l Priuy Councell.
This document, omitted by inadvertence from its proper chronological place, is here printed from a photograph of the text in the Patent Roll (1 above); (2) is a late seventeenth-century copy, quite inaccurate.
James by the grace of god kinge of England Scotland ffrance and Ireland defender of the faith etc To our trustie and welbeloved Sir William Jones knight one of our Justices of our Courte of Com̃on Pleas Sir Nicholas ffortescue knight Sir ffrancis Gofton knight Sir Richard Sutton knight Sir William Pitt knight Sir Henry Bourchier knight and Sir Henry Spiller knight greeting Whereas amongest the many memorable workℯ vnder- taken sithence our happie Raigne over this our Realme those of the English colonies and plantac̃ons in Virginia and the Sum̃er Islandℯ are of speciall importance as being the first forraigne Colonies planted by our English Nation and tending not onely to the p̳pagaçon of Godℯ glorie and Christian Religion but alsoe to the enlargement of the Territories and Domynions of our Crowne and the Increase of trade and Comerce whereby our people and subiectℯ may be enriched And therefore Wee being graciouslie enclyned to soe glorious and publique a worke have from tyme to tyme and vppon all occasions vouchsafed our gracious and royall Assistance to the further- ance and incouragement thereof not onely by graunting vnto the Adventur- ers and Planters large Charters and ample priviledgℯ but enabling them to raise Great som̃es of money towardℯ the vndergoeing of the necessarie charges of the said plantac̃ons And now being advertised aswell by the humble Petic̃on of some of the Adventurers themselves as otherwise That aswell by occasion of discord and discontentment amonge themselves as of sondrie misgovermentℯ and other disturbances and impedimentℯ the p̳sperous and happie p̳ceeding and grouth of that worke hath byne and is daylie more and more like to be interrupted vnles We in our Princely p̳vidence shall putt a remedie therevnto Wee therefore vppon delibãte considerac̃on hereof are constantlie resolved to pursue our former purpose and by all good meanes to expresse the contynuance of our zeale and affecc̃on in restoring and setlinge that soe glorious a worke Whereof god hath byne pleased to make vs a principall Instrument and to take awaye all obstacles and hindrances that may any waye seeme to disturbe or crosse the quiet and peaceable p̳ceeding in the same ffor the better effecting of which our resoluc̃on Wee hold it most fitt that some p̱sons of trust and vnderstanding be imployed to discerne discover and fynde out the whole State of the p̢misses vppon whose informac̃on Wee may p̳ceede to the effectinge thereof as Wee shall iudge most requisite Whereby the worke being reestablished may p̳ceede and p̳sper to our honor and those religious and publique endℯ for which it was first intended Knowe yee therefore that wee reposing assured trust and confidence in the approved wisdomes fidelities and cyrcumspecc̃ons of you the said Sir William Jones Sir Nicholas ffortescue Sir ffrancis Gofton Sir Richard Sutton Sir William Pitt Sir Henry Bourchier and Sir Henry Spiller have assigned and appointed you to be our Com̃issioners And Wee doe hereby give vnto you or any fower or more of you full power and authoritie to view p̱vse and consider of all and singuler Charters L̃res Patentℯ Proclamac̃ons Com̃issions and all other Actℯ orders and direcc̃ons made or sett downe by vs or our privie Councell or by the company or Councell for Virginia warranℯ recordℯ bookℯ Accomptℯ entries and other notes and writing whatsoever concerning the said Colonies or Plantac̃ons or concerning the severall Companies or Corporac̃on to whome the care of the said Colonies or Plantac̃ons apper- teyneth and aswell thereby as by examination of any witnes or witnesses vppon oath or without oath or by any other lawfull waies or meanes whatsoever to enquire discover fynd out and informe yourselves whither the said Charters L̃res Patentℯ Proclamac̃ons Actℯ orders and direcc̃ons have been observed p̱formed and kept according to the true intent and meaning thereof or whether the same have bene violated infringed or broken and by whome and in whose default and what damage hurt and hinderance to the said Plantac̃ons and Colonies have thereby ensued and byn occasioned And vppon due considerac̃on thereof and of all other thingℯ needfull to trye and fynde out the true estate aswell in tymes past as at this p̢sent of the said Colonies and Plantac̃ons and either of them in every respecte And of all incidentℯ and cyrcumstances therevnto belonging And further Wee doe hereby give vnto you or any fower or more of you full power and authoritie by such examinac̃on vppon oathe or without oath or any other wayes or meanes as is aforesaid to enquire search discover and fynde out what som̃e or som̃es of money at any tyme heretofore have byne levyed or collected either by contribuc̃on of Adventurers voluntarie guiftℯ or bequestℯ lottaries collecc̃ons, adventures in magazines or by any other wayes or meanes whatsoever for or towardℯ the furtherance of the said Colonies or plantac̃ons or either of them or any the buisenes or affaires concerning the same and to whose handℯ the same monyes have come and how and in what manner and by whome the same som̃e and som̃es of money and every parte of them have bene expended or disbursed and whither the same have byn expended or disbursed as they should or ought to have byne for the good of the said Colonies and plantac̃ons and whither any and what parte or partℯ of the said Som̃e or Som̃es of money have bene converted vsed or ymployed to the vse of any private p̱son or p̱sons or to any vse other then for or towardℯ the necessarie vse helpe and furtherance of the said plantac̃ons and to whose or to what vse or vses and what damage any such misployment hath bene to the said plantac̃ons and by whome and by whose meanes consent or p̳curement any such misimploy- ment hath bene made or done with the groundℯ and causes thereof and all other necessarie circumstances in any wise touching the p̢misses and what is and what in p̳babilitie of reason might have bene the true estate and condic̃on of the said plantac̃ons and either of them at this p̢sent tyme by the p̳porc̃on of the expence of soe much money as hath bene levied collected and gathered for the vse of the said plantac̃ons and either of them And further Wee doe hereby give vnto you or any fower or more of you full power and authoritie by such examynac̃on vppon oath or without oath or any of the wayes or meanes aforesaid to enquire search discover and fynd out what lawes orders or constituc̃ons have bene made contrary to or without warrant of our Charters and L̃res patent and what misgovermentℯ misimploymentℯ abuses defaultℯ negligencℯ corruptc̃ons deceiptℯ fraudℯ and greevances have byne at any tyme heretofore vsed or putt in practise by any p̱son or p̱sons to the lett hindrance or disturbance of the good quiet peaceable and orderly p̳gression p̳ceeding or doeing of any matter or thinge tending to the furtherance of the said Colonies or plantac̃ons or either of them or in the p̳curing levying collecting issuing disbursing or ymploying of any Som̃e or Som̃es of money assigned limitted appointed levyed or collected for or to the vse or furtherance of the said Colonies or plantac̃ons or either of them and the groundℯ and causes thereof and what p̱ticular wrongℯ or iniuries have bene offred or done to all or any of the Adventurers or Planters of the said Colonies or plantac̃ons and by what p̱son or p̱sons and by what warrant or warrantℯ any of the said mis- govermentℯ misimploymentℯ abuses defaultℯ negligences corrupc̃ons Deceiptℯ fraudℯ greevances wrongℯ or iniuries or any of them have byne comitted or practised and the groundℯ and the causes thereof and by and with whose consent or p̳curement and to what end and purpose and for whose benefitt and advantage and of all other matters and thingℯ to the p̢misses incident or appertayning as to you or any fower or more of you shalbe thought meete And alsoe Wee doe hereby give vnto you or any fower or more of you full power and authoritie by such examynac̃on vppon oath or without oath as aforesaid and by all or any other the waies and meanes aforesaid to enquire examyne and fynde out all such matters or thingℯ as do or may in any wise occasion the lett hindrance or decay of the said Colonies or plantac̃ons or either of them or of the trade traffique or com̃erce with them or either of them by what meanes the same are occasioned and of all other matters concerning the p̢misses And further Wee require and com̃aund and give power and authoritie vnto you or any fower or more of you vppon delibãte considerac̃on of the p̢misses to enquire fynd out consider p̳pounde and sett downe all such good and lawful wayes and meanes and the likeliest wayes and meanes to be vsed and putt in practise for the better governing managing ordering disposing and estab- lishing of the said Colonies or plantac̃ons and of the buisinesses and affaires of the said Colonies or plantac̃ons and for reformac̃on and p̢venc̃on of all misgovermentℯ greevances abuses defaultℯ negligences corrupc̃ons fraudℯ deceiptℯ wrongℯ and iniuries hereafter to be done or com̃itted in the governing managing ordering or disposinge of the buisinesses and affaires of the said Colonies or plantac̃ons or to be done vnto any Adventur- ers or Planters in the same and for the condigne punishment of the Offendors and for the reconciling and taking away all contenc̃ons and differences and p̢serving peace and vnitie amongst them And to doe all other Actℯ and thingℯ whatsoever which to you or fower or more of you shalbe founde meete and convenient whereby this Our Com̃ission may be fullie executed according to the tenor of the same and our pleasure therein declared and the said Plantac̃ons established to the endℯ and purposes before menc̃oned And to the end our said pleasure herein declared may take the better effecte Wee doe likewise hereby give vnto you or any fower or more of you full power and authoritie to cause to come before you or fower or more of you all such p̱son and p̱sons as you shall thinke fitt to appeare before you for the better discovery of the truth in any the p̢misses and to cause all and every p̱son and p̱sons aswell such as are supposed to have offended in any the p̢misses their servantℯ or Agentℯ as all and every p̱son and p̱sons being or which have bene Clarkℯ or Officers of the severall Companies or Corporac̃ons of Virginia or the Summer Islandℯ and any other p̱son and p̱sons whatsoever to bring and shewe before you or any fower or more of you as is aforesaid All and singuler such ɫres patentℯ p̳clamac̃ons Com̃issions warrantℯ Recordℯ orders bookℯ accomptℯ entries or any other notes or writing whatsoever remayning in their or any of their Custodie which you or fower or more of you shall thinke fitt to be p̳duced whereby the truth in the p̢misses may the more playnely appeare And to the end noe p̱son may have iust cause to complayne or be greeved at your p̳ceedingℯ in this behalfe Our pleasure is that when and soe often as any examynac̃on of any p̱son or p̱sons shall by vertue of this our Com̃ission be taken vppon oath That then and soe often vppon request made by the parties whome the same shall concerne you or any fower or more of you may examyne the same or any other p̱son or p̱sons either vppon oath or otherwise for the defence of such p̱son or p̱sons making such request yf you or fower or more of you vppon due considerac̃on shall thinke it iust and fitt And our further will and pleasure is And Wee doe hereby charge and com̃aund you our said Com̃issioners or foure or more of you to c9tifie vnto the lordℯ and others of our privie Councell from tyme to tyme your p̳ceedingℯ therein to the end such further order may be given therein as shalbe fitt And these our L̃res Patentℯ or Com̃ission or the Inrollement of the same shalbe your sufficient warrant and discharge for doeing and executing of all and singuler the p̢misses according to the true intent and meaning of the same And lastlie our will and pleasure is That this our Com̃ission shall contynue in force And Wee doe hereby authorise you or any fower or more of you to p̳ceede in the execuc̃on thereof and of all and every matter and thinge therein conteyned from tyme to tyme and as often as you or any fower or more of you shall thinke convenient although the same Com̃ission be not from tyme to tyme contynued by adiornement In witness etc. Witnes our selfe at Westminster the nynth day of may p bre de privato sigillo etc.
[In the margin:] Paten' de Anno Rℯ Jacobi Angl' etc vicesimo primo
This important document, inadvertently omitted from its chronological place, was printed in 1809 by W. W. Hening in the first volume of his Statutes at Large of Virginia, pp. 122–127. At that time somewhat more of the document now in the Library of Congress was legible than can now be read, some of its margins having since been worn away. The words and parts of words here printed in square brackets are supplied from Hening's text.
March 5, 1623/4Lawes & Orders conc * * * by the Councill [&] Assemblie
Marche the 5th Anno 1623
Or 28.
yeerℯ alive at the Crop after he hath bene heere a yeere a bu[shell] of Corne, the wch shalbe disposed for the publique vses of every parish by the maior p̱te of [the] ffreemen, the remainder yeerly to be taken out by the owners at St Tho: his day and the new bu[shell] to be putt in the roome.Subscript p̱
Sr. Frauncis wyatt knight Gou9nor, &c.
Capt Franc' west | John Pott |
Sr Georg Yardley | Capt Roger Smith |
George Sandys Trea'r | Capt. Raphe Hamer |
John Powntis |
William Tucker | Isack Chaplen |
Jabez Whitakers | John Cew |
William Peeirce | John Vtie |
Rauleigh Croshow | Jo: Southerne |
Natha. Bass | Nathaniell Causey |
John Willcox | Robert Addams |
Nicho: Martew | Thomas Harris |
Clement Dilke | Richarde Stephens |
Richard Kingsmell | Richard Bigge |
Edward Blany | Henry Watkins |
Luke Boyse | Gabriel Hollande |
John Pollingtone | Thomas Marlatt
3 The signatures, in the Library of Congress manuscript, are not autographic, but are written in by the scribe. |