fesso. This they thought for us impossible to doe. But wee deceaved their expectacon; and they could not find in the least perticuler, any just ground to make any report agaynst us.1

By all this the Earle of Middlesex and that partie, perceaving the companie would not be beaten off a good cause; there was a practise to try whether wee had rather part from the business, or from our mony. Where upon wee were called before the Counsell agayne, and there that side as compassionate affecters of the Plantation, urged the want of corne and other necessaries there, and that they were like to perish for want of provisions. The Earle of Midd. replied, it was a matter of so great importance, and concerned the lives of so many of the King's subjects, that if the Companie would not presently take order for sending supplies, the state would call in their Pattent. Whereupon the Companie conceaving that if they did send supplyes, their Pattent would not be taken from them, underwritt to a Roule (though they knewe the necessitie was nothing so great) foure thousand and odd pounds, wch was paid and sent and those Gentlemen that before seemed so zealous, subscribed Twelve pounds, and paid it not. Upon weh comparison wee leave it to yo' Lop" to judge 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 Midd., to be sent into Virginia, as Comissions for these two ends, as wee have since found. First to sifte out what they could agaynst the forme of o Governm here and there and next to persuade the people to become Peticon to his Matie for a newe 2 Weh succeeded not according to their expectacon. For by the Colonies Peticons, answeres to those papers that had bin delivered agaynst them, and divers other remonstrances to his Matie from a Generall Assembly there they shewed the misery wherein they lived, or rather languished

'The answer was prepared by Sir Edwin Sandys, Nicholas Ferrar, and Lord Cavendish, who scarcely slept in the interval. Carter's Ferrar, p. 71. 'Form of government.

in S'r Thomas Smithe's tyme; and their happy estate in this latter Government: concludinge that if his Matie intended to alter the Government, and put it into the former hands, their humble suite to him was; That Comission might be sent over to another purpose before declared. The writinges themselves will manifest this more at large. These comissioners thus sent to Virginia, the Earle of Midd. and the rest were not idle in further distractinge the Companie, to give their assent for surrendring their Pattent, and altringe the forme of Governm*; and a newe one was proposed. Wch according to order they takinge into consideracon, wth duetie refused: rendring also in writing the reasons of their refusall. Whereupon a Quo Warranto was directed by the Earle of Midd. suggestion for the calling in of their Pattent.

In the meanetime, to affright men, both from cominge to and much more from speaking in Courts, mens wordes were then carped at and complayned of: and their persons by the Earle of Midd. prosequution, were upon quick hearinge sent to prison.

Yet for all this the Comp" stood to their owne Justificacon, and defence of their Pattent. Now Mr. Atturney,' according to the duty of his place and instructions given him, urged the misgovernem of the Companie, and consequently the ruyne of the Plantation. To wch point we were willinge to joyne issue. But afterwards in o' reply to his pleadinge wthout further enquiry of the former allegation, advantage was taken upon o' mispleading, and in fine without any farther ground that wee knowe of, the Patent was Trinity terme following, condemned: But for anything that we have yet seene no judgment entered. Yo' Lop" by the perticulers before related do see by what courses wee were reduced to this extremitie. One thinge yet wee thinke most necessary to adde; It hath bin said by many, and perticulerly by some principall persons of the opposite partie, that the dissolutions of these Plantacons was part of the Count of Gondomars Instructions. And cer

Thomas Coventry, knighted in 1617, appointed attorney-general Janu ary 11, 1621, lord keeper in 1625, and died in 1640.

taynely wee found his activenes in negotiatinge here, such, that in bringing about his owne ends, he could create here, instruments of o'selves agaynst our selves. Wee say not that he and other Spanish Ministers practised thus amongst us. These two only perticulers, wee crave leave to offer unto yo' Lop Judgems. When S'r Samuell Argoll some six or seaven yeares since, was vehemently complayned agaynst by Padre Maestro and the Spanish secretarie then here for Piracie agaynst the Kinge of Spaines subjects in the West Indies he no sooner came home from Virginia, and appeared an opposite to the present Company, who questioned him for divers misdemeanors and amongst others for this; but the heate of the Spanish accusacon did presently cease. Our second observacon is this, yo' Lop cannot but remember, wth what extreame earnestnes the Count of Gondomar and afterwards Don Carlo di Coloma,1 inveighed agaynst Capt. Butler whilst he was in Summer Islands about the Spanish wrack. And so violent were they about it that the Lo: Stewart, now wth God, and the Lo: Chamberlaine, were entreated to come on purpose to the Sumer Islands company, about that business. And a comission was directed by the Lords of the Counsell, to examine the truth of the cause in the Sumer Islands. Wch Captain Butler having been forewarned by some friends of his left his Government before he had leave, and before the arrivall of the Comission: Having first there endeavoured to alienate the minds of the people from the forme of Government here. But he was no sooner come home, and delivered to his Matie The unmasking of Virginia before spoken of, but there was an end of Don Carlo Di Colomas prosecution. Wee have related the particulars; and make no application.

2

As for the late Comission, wch hath suceeded in the place of the Companies; if wee might have seen the business seriously 'Spanish ambassador after Gondomar.

'On June 24, 1624, shortly after the decision of Chief-Justice Ley revoking the charter, the king appointed a commission of sixteen persons, among whom were Sir Thomas Smith and other opponents of Sandys and Southampton, to take charge temporarily of Virginia affairs; and on July 15, 1624, he enlarged this commission by forty more persons.

taken into the Grave cares and prosequuted wth the Noble paynes of those most honoble personages, whose names are inserted in the sayd Comission: wee should have hoped to have seene some good effect befitting their great and eminent worth. But whilst their more weighty affairs have hindered them the business hath bin principally carried only by those persons that were the chiefe opposers of the late Comp: ffor although there be named divers worthy Gentlemen, and Citizens likewise, in the Comission: yet as wee understand, the most of them have forborne altogether to appeare at any meeting. Wherefore when either in o' wordes or thoughts, wee complayne of any proceedings of the late Comission wee alwayes except both all the persons of Honour and indifferency: and only intend those others, whose stomacks were so great, as they durst undertake the overthrowinge of the late Companie; and yet their harts so narrow, as they have not dared to adventure all of them during these Nyne moneths, so far as wee can learne, one five pounds to the advancem or subsistance of the Plantation.

By the publique L'res of the Governour, delivered them in July last, they understood of the extreame want of Powder in the Colonie: and were often told from us of the great danger that might ensue thereby: Yet did they neglect the sending of any in the shipp or in the second: but about Christmas, and since in March they have sent a small quantitie, obteyned by his late Ma guifts (as wee heare) out of the Tower.

This did not the late Company: who upon notice of the massacre, did by the first ship send 42 Barrels of Powder; for halfe whereof the Officers having disturbed the money, are yet unsatisfied.

Whereas all the flower shippes now sent, were prepared in the Comp tyme; these last Comissioners callinge in the Comissions graunted them by the late Company, made them take new as from themselves that so they might glory upon anothers foundacon. But whilst they thus hunted after windy ambition, hindringe the two first shipps from takinge a faire winde; they have bin the causes of all the lament

able calamities and distresses, weh in so long voyages must needs befall them.

The principal scope of his late Mas comission to them, as wee understand was that they should finde a better forme of Governem for the Plantacions advancement; and therein is especially promised the conservacon of every mans right. Intentions worthy the wisedome and Justice of so great a Prince. But as farr as wee can understand these comissioners have done nothing towards either of these ends: But quite contrary to the second.

By an unknown contract, wch themselves will not so much as declare much less are able to defend; they have sought to have amongst themselves, twice as much upon every mans goods, as they will leave to the Owner thereof. And although they say only three of them are Contractors yet wee cannot believe it, having observed the ends of some of them for many years, to have constantly bin bent to the compassinge of some such advantage, as they have now by this bargayne gayned. It is constantly reported that they have liberally given that wch was not their owne, to those who have no right thereto; as namely the Colonies kine to S'r Samuell Argoll and Mr. Woodall surgeon to S'r Thomas Smith. But this and all their other proceedings are kept in great secrett: wch breeds suspicon that they have not bin good: else why doe they fly the Light? This is cleane contrary to the use of the late Company: who did all things in publique wch was a cause of as great satisffacon, as this of distaste.

And as in this, so in all other thinges do they proceed cleane contrary to all right in o' understandinge. They publish their Intention of employinge S'r Samuell Argoll and Captaine Butler for Governours agayne in the Plantations agaynst whome the Colony hath professed open enmity. How they should make the Colony encrease by these means, wch will bring home most of them that are there allready wee cannot imagine.

Neither are S'r Thomas Smith nor Alderman Johnson fitt or likely men to reunite the late Companie, or to drawe them.