The Information of Iohn Bargraue Esquire, shewing the seuerall abuses of the Gouernment of the Plantation in Virginia against

• Sir Thomas Smith knight.
• Alderman Iohnson & alias.

SHewing to this Honourable House as I haue formerly done in the last Parliament (where it was receiued as a greiuance, Amongst many Articles that punish offences with death, the 15. being death for trading with the Indians, the 35. death for carrying a Barke or Pin­nace out of the Riuer, the 36 death for selling, or giuing a­ny Commoditie to bee trans­ported out of the Collonie; are those by which the Petiti­tioner suffered dammage. And because it was iudg­ed that the Planter would be too much grieued with these Lawes, they haue made it death, Article 12. to vtter vn­seemely speeches either a­gainst his Maiestie or the Comittees of the Virginia Company, or against any booke that shall be set out & published, intimating thereby this booke to bee published by the authoritie of the Com­pany. as by an Order of the said Parliament appeareth) That whereas the Kings Maiestie for the aduancement of the Plantation, did by his Patent encorporate a Free Com­panie, the Bodie whereof consisting of a Treasurer, or his Deputie, foure Councellors, and fifteene Commoners; who being tied to make their Lawes (aswell by the said Patent as by certaine Roy­all instructions giuen by his Maiestie) according to the Lawes of England, both they themselues and such as were admitted by them to be of the Companie, were to haue free Trade in Virginia, as by the said Parent appeareth. Your Petitioner seauen yeares since being encouraged to aduenture in the said Company by a Patent that promised him free Trade, he found himselfe, his estate, and those he employed, inthralled to the willes of a few, who abusing the publique, or any priuate Planter as they listed, they layd all the fault on the Company.

• 1. First, therefore your Petitioner accuseth Sir Thomas Smith and some others vnknowne, in the Companies name, and without the Companies consent (contrarie to his Maiesties Patent and Roy­all Instructions, and to the Common Lawes of England, haue caused to be printed and sent to Vir­ginia a certaine Booke of tirannicall Gouernment, whereby many of the Kings Subiects there lost their liues, and were brought into slauery, and the Petitioner and those he imployed were thereby much damnified, to their great losse.
• 2. That the said Sir Thomas Smith, Alderman Iohnson, and others (terming themselues the Com­pany) haue contrary to the Patent and Instructions (by practise) made a Monopolie of the Planta­tion, and of the labours of all the Planters there, sinking or raysing the prises of Commodities as three or foure of them list, barring free trade from any other free of the Company but themselues, selling their Goods before their faces, and by setting of prises only of Tobacco and Sarsafras, they caused all other Staple Commodities to be neglected there; so as eight or ten Shippes going to Vir­ginia in one yeare, all came from thence emptie, except the Megazine Shippe.
• 3. That the said Sir Thomas Smith practising with three, foure, or fiue, which he tearmeth the Company, by secret instructions giuen to the Gouernours in Virginia, to barre the Petitioners Trade by tyrannous Lawes there, which made it death to Trade, by detayning of the Petitioners Goods by fraudulent sale of them, and by making stay of his Shippes, haue preiudiced your Petiti­oner in Moneys and vse money to the value of ten thousand pounds: Which abuses your Petitio­ner hath made proofe of them in Chancerie vpon a full hearing there before the Right Honourable the Lord Keeper, who because he could not distinguish the Actions of the Defendants from the Actions of the Company, he found it to be matter of State, and referred your Petitioner to the Councell-Table.
• 4. That Sir Thomas Smiths Accompts for the moneys receiued for Virginia are false, grosse and vnexaminable, because the originalls being lost, there appeareth neyther Warrants for the issuing of the Monies, nor Receipts for the paying of them.
  It were hard if Sir Thomas Smith should be censured by his owne Lawe, Article the 17. Death for making of a falle accompt.
• 5. That during the time that your Petitioners Cause and the busines of Virginia hath depended at the Board, Sir Thomas Smith (to conceale the iniquitie of his Gouernment from his Maiestie) he hath caused the King to be misinformed concerning the Lord Keepers Decree, caused a mista­ken Order (that cleane altered the sence of the Lords of the Councells Reports) to be deliuered to his Maiestie, caused a Commission for the rectifying of the abuses, and the settleing of a Gouern­ment for Virginia to sleepe and be of no force, (when there were neere vpon 80. Articles put in a­gainst them, and but foure of them examined) by vnderhand, offering a great some of Mony, whereby he hath thrust the blame of misgouernment on others, robbed the Common-wealth of her great Examples, and your Petitioner from meanes of recouering his Right, except he be relei­ued by this Honourable House.

Your Petitioners Sure, is, that Sir Thomas Smith may forthwith be required to make answere to these Articles, and that the abuses of encroaching on Soueraigne power, of abusing pub­lique Authoritie to priuate ends, of robbing the publique Treasurie, being examined and prooued, your Petitiouer may find reliefe for his particuler wrongs, and the Common­wealth may not loose her life of Examples; And your Petitioner shall be bound to pray for you, &c.

The words of the Kings Instructions are, viz. ‘And the offences of Tumults, Rebellions, Conspiracie, Mutinie, and Seditions in those parts, which be dangerous to the State there; together with Murther Man­slaughter, Incest, Rapes, & Adulteries & no other offences shalbe punished by death.’

Whereas Sir Thomas Smith hath dispersed amongst this Honourable Assembly, diuers Papers mixed with many falshoods, among some truthes, endeauouring there­by to auoid this Honourable Triall, (as he hath formerly done all other courses of Iustice) though this alone doth shew his guiltinesse: yet the proouing of the 5. Article, wherein his abusing of the King, being the very Fountaine of Iustice, will not onely appeare, but it will also make the falsehood of his dispersed papers more euident, and tender him the more culpable for vsing such shifts.