Records of the Virginia Company of London

EDITED WITH AN INTRODUCTION AND BIBLIOGRAPHY, BY SUSAN MYRA KINGSBURY, A. M., Ph. D. INSTRUCTOR IN HISTORY AND ECONOMICS SIMMONS COLLEGE

PREFACE BY HERBERT LEVI OSGOOD, A. M., Ph. D. PROFESSOR OF AMERICAN HISTORY IN COLUMBIA UNIVERSITY

WASHINGTON, GOVERNMENT PRINTING OFFICE, 1906, 47132 L. C. card, 6–35006

Mr Deputy acquainted the Courte that himselfe and some others entreated by the former Court had bin at Sr Thomas Smiths before the appointed Referrees concerninge Capt Martins buissines, and havinge vnderstood the matter of his charge, wch was that the Virginia Company denied him the fruition of those priuiledges, that were formerly graunted vnto him, aswell in his Patent of the Maistershippe of the Ordinance in Virginia as also in his other Patent of his private Plantation; They desired to receaue his said Charge in writinge accordinge to the direcc̃on of the last Court, wherevnto a speedie Aunsweare should be returned with all conveniency: Wherevpon it pleased the said Com̃ittee to require Capt: Martin to sett downe his greevances in writinge by waye of Petic̃on vnto them, wch they by letter would recom̃end to the Virginia Company and expect their Answeare: Accordingly wherevnto it was nowe com̃ended by the Referrees, wch he presented in Court, and beinge read and taken into considerac̃on, and likewise the petic̃on exhibited by Capt Martin to his Matie wch contayned many scandalous suggestions, aswell against the whole Company, as some speciall Members thereof: After delib- erac̃on had therevpon, it was at length aduised and thought fitt, that in their Answr vnto the said Petic̃on there should be a double addresse made (vizt) the one vnto his Matie, aswell for clearinge the Company and such perticular persons as stand accused thereby, as also to informe and certifie that some of those vnto whome the Referrence is procured are suspected to be the chiefe Abettors and Supporters of Capt: Martin in this buissines. The second addresse to be to the Referrees themselues in like manner as haue bin formerly donne to Capt: Martins Certificate: Wherevpon the Court entreated the Lo: Cauen- dish, Sr Iohn Dãuers, Sr Iohn Brooke, Sr Walter Earle, mr Gibbs, mr Wrote, mr Binge, mr Tomlins, mr Edw: Paulavicine, mr Iermyn, mr Elias ffoxton mr Nicho: ffarrar, mr Caswell mr Iohn Smith and mr Ro: Smith, to meete to morrowe at mr Dept̃ ffarrars about 2 of the Clocke in the Afternoone to drawe vpp the said Answeare, and to present the same at the Quarter Court.

2. Mr Deputy signified further that one Samuell Each Captaine of the Abigall havinge at his beinge in Virginia made Tryall of those Banckℯ that lye out in Iames Riuer neare Blunts-pointe and found that a Blockehowse or fforte might be erected vpon them, wch would altogether forbidd the passage of Shipps vpp higher, made offer vnto the Com- panie, if they would imploy his Shippe the Abigall with a reasonable convenient fraight outward and homeward, he would carry a douzin Carpenters at the least, by whome the rest of his Marriners beinge supplied with convenient number of handes from the Colony and some necessaries from hence of Boatℯ Cordage and Tooles he doubted not by the end of March to raise such a Blockhowse as should secure all the Riuer about it: The Counsell and Com̃ittees mett diuers times about it, and havinge receaued good satisfacc̃on both of the Suffi- ciency of the man for his iudgement and honesty, and also of the probablenes of the meanes, whereby he propounded to effect it, were all of opinion [2] that the offer was not to be refused, the matter of ffortification beinge a thinge soe importunately requested by the Col- ony, and this perticular beinge iudged by diuers of the Planters to be that wch out ∥ought∥ first to be attempted, and most easie to be effected especially consideringe that the Demaunds of Capt Each were so ordinary and reasonable as although the worke should not be effected, yet there would arise noe dam̃age to the Companie, but as they conceaue it rather a benifitt by the imploying so goodly and stronge a Shippe wherein the Lady Wyatt and the rest that this yeare are to goe may be exceedinge conveniently and safely transported, and the whole Company ∥Bodye∥ duringe their stay in the Riuer much strengthned: Wherefore the Com̃ittees proceeded in treaty with Capt: Each and the rest of the owners, and it was agreed on by both parties in the manner followinge, reservinge the confirm̃acon of the bargaine to the authority of the Quarter Court.

1.
• That there should be 150 tuñ of goodes and 150 persons or propor- conablie of each, put and laden abourd the said Shippe: the wch num- ber of persons and goodes were conceaued would be verie easily made vpp by priuate Aduenturers.
2.
• That the persons should repaye vjli a head in hand and for fraight of goodes iijli a Tun should be paid vpon Certificate of the safe deliu- ery of them in Virginia.
3.
• The Owners of the Shipp desired that the Passengers might be taken in at the Isle of Wight, wch although it were somewhat more charge, yet in matter of health it wilbe doubly recompenced.
4.
• And that the goodℯ might be deliuered them here by the middle of Iuly they promising by the first of August to be gonn from the Isle of Wight if Winde and weather serue.
5.
• That they would not take in any more Passengers then the Com- panie should put abourd them, and that duringe the whole voyage the people should haue their full allowance of victuall.
6.
• That after their vnladinge in Virginia the Shippe should with all convenient expedic̃on fall downe to Blunt-pointe, and there Capt: Each would diligently imploye himselfe his Shippe and 12 Carpenters and Marriners to the number of 40, till the end of March in case the buissines be not sooner effected for the erectinge and buildinge of a fforte or Blockehowse, and the Companie vndertaketh and promiseth to supply the said Capt: Each with such a convenient number of people and landmen as shalbe fitt, and requisite duringe the said worke; wch Land-men so sent and imployed should be maynetayned with victuall of their owne at the Collonies charge, but their lodginge should be abourd the Shippe.

And the Companies for their partes doe promise.

That if this worke be effected they will make his fraight homeward 800li vpon wch all goodℯ Tobacco, Sassafras Cr wch shalbe laden in him shalbe accounted and onely the personall transport of men shalbe excepted: As for the rate and price of the fraight, he shall not make any agreement without the consent of the Gouernor.

And that if he performinge his best endeauoures shall not be able to effect it, by the end of March, but for the perfectinge thereof shalbe required to staye a Month or more after he shall haue paid him for euery Months staye 160li by the Gouernor and Colony there and so pro rato, But in case it should happen there by the iudgement of the Gouernor and Counsell of State within one Month the worke proue not feazable, then it shalbe lawfull for him to repaire home the first of Ianuary, and that the Companie shall by that time lade so much Tobacco or other goodℯ abourd him as shall make in fraight 800li besidℯ personall freightℯ.

And for somuch as for performance of this great worke, there was a matter of 200li required to be disbursed in necessarie prouisions as namely in Axes Shouellℯ Spadℯ and a Lighter wch come to the great- est charge beinge estimated at 50li in all wch thingℯ there could be no losse although the works did not proceed in reguard they would be of great vse to the Colony: mr Deputy therefore moued to knowe the [3] pleasure of the Courte for procuringe the said money seeinge the Com̃on Stocke was longe since exhausted and the Companie already fallen into debt (whereof my Lord of Southampton hath willed them to be verie cautious and sparinge) Wherevpon, it beinge taken into considerac̃on and the importancy of the worke duely waighed, and withall it beinge signified that this money would be repaide againe by the Colony who were contented to be at all the charge and would be readie to make good what Contract soeuer the Company made here with any such Vndertaker, if the Proiect did not proue feazeable; The Court herevpon thought fitt to recom̃end it to the Quarter Court to entreat some to take vpp so much money, and that it should be pro- pounded that for his Security he should not only haue the Seale of the Companie, but also all such Com̃odities as came from Virginia to the Companies vse should be consigned to him vntill vpon the Sale satisfacc̃on were giuen for all such debtℯ and dam̃ages whatsoeuer as any such should stand engaged for.

And forsomuch as it was informed that in the time of Sr Edwin San- dys beinge Treasuror and since there had well neare 5000li: bin paid in old Debtℯ (due in Sr Thomas Smithes time) to the great exhaust- inge of the com̃on Treasurie: This Court thought it equall and iust that if any such debts were claymed hereafter (for wch neither the Companies Seale nor any member of the Companie stood bound to secure by consent of the Company nor did appeare by any order of Court) the parties complayninge should be sent for satisfacc̃on vnto such as were the Treasuror and Deputies in those times.

The Courte takinge into considerac̃on the request of mr Martin the Persian touching the double charge imposed vpon his Tobacco by the ffearmors for in reguard he was a Stranger and havinge informed themselues of the priuiledge of their Patent, that giues them power to enfranchies Strangers and make them capeable thereby of the like im̃unities that themselues enioy; Haue therefore ordered that the Secretary shall repaire to the ffarmors of the Custome with a Coppie of the said Clause and that with the Courtℯ speciall com̃endac̃on of mr Martin vnto them, and to entreat their fauor towardℯ him the rather in respect of his good likinge to the Plantation whither he intendℯ to goe againe, wch may happily encourage other Strangers to the like resoluc̃on to goe ouer thither.

Sr Iohn Dãuers acquainted the Court with the good seruice that mr Waterhouse had donne for the Companie in solicitinge of such as stood endebted vnto them vpon their subscriptions, Amongst whome findinge some Refusers and havinge made request vnto the Lo: Keeper for his letters vnto them, as my lo: Chauncellor had formerly prom- ised to doe (accordinge to the Tenor of his Mats Letters Patents) whereby the Companie are to praye his best assistance, of wch Clause the Lord Keeper beinge informed was desirous to see the priuiledge of their Patent in that pointe: wch for that it could not be deliuered without consent of a Court by reason of §th§ a late order: It was nowe therefore agreed vnto, that mr Waterhouse should haue the Patent to attend his Lop therewith and to bringe it backe againe.

It was further also moued that mr Waterhous Accountℯ might be audited and considerac̃on had of the great paynes he had taken about this buissines, wch the Court hath referred to the Auditors who are to make reporte.

A request was likewise made in the behalfe of the Lady Dale who for that her people in Virginia doe not performe couenantℯ with her accordinge to their Contractℯ, but wronge her much in the proffittℯ of her land due vnto her, for wch cause shee is nowe sendinge ouer a Servant to require it of them, shee therefore desires the Companies Letter of Comendac̃on to the Gouernor of Virginia to assist her said Servant in the recouery of her said debtℯ, wch the Court hath prom- ised shalbe made ready for her Lapp. [4]

The Lo: President makinge request vnto the Company by Letter in the behalfe of a kinsman of his nowe goeinge to Virginia, that he may be directed in the best courses, and be respected the rather for his sake, The Courte hath promised to affoord him what fauoure they may and therevpon gaue order for a Letter to be writt to the Gouer- nor to that effect.

Vpon the moc̃on of some of Martins Hundred that the boundℯ of their Plantation (where they are nowe seated might be extended so farr either waye as might contayne the full proporc̃on of all the first diui- sion together; It is ordered it shalbe com̃ended by letter to the Gou- ernor to certifie what may conveniently be donn therein.

Order was giuen for drawinge vpp of two Patentℯ nowe moued in Court; The one for Sr Iohn Brooke and his Associatℯ and the other to mr ffrancis Harwell mr Sheldon and others Cr.

And for somuch as there were divers Patents to passe at this next Quarter Court wch would require much time to examine; It was there- fore agreed and ordered that the Quarter Court shall begin in the fforenoon vpon Wedensday for the dispatch of them and some other cursary buissinesses.

Mr Gibbs Treasuror for the maydℯ sent this last Sum̃er to Virginia havinge had his Accountℯ audited did nowe present them to the veiwe of the Court, wch gaue the Companie great contentment: Wherevpon a moc̃on was made that the Aduenturers in the said Roll might haue a ratable proporc̃on of land laid out together wch was due vnto them for transportinge of the said Maydℯ wch they desired might be called Mayds Towne: Wch the Court hath referred to the considerac̃on of this next Quarter Court.

Mr Nicholas ffarrar beinge appointed Treasuror for the ffurr and Glasse buissines, havinge audited the said Accountℯ did nowe present vnto ye Company faire bookℯ of them to lye in open Courte: Wch the whole Court did verie well approue of, and wished the like care had bin taken in times past; And that these might be a President to all other Accountantℯ hereafter, for clearinge their Accounts, with so much content and satisfacc̃on to the seuerall Aduenturors and the whole Companie.

Mr Howe the Cronicler makinge a request for 12li of Tobacco, Wch he pretends was promised him yearely in considerac̃on of his paines and willingenes to doe the Companie service in his Booke relatinge [to] the Passages concerninge Virginia, The Court was pleased to graunt his request for this yeare, givinge order that somuch should be deliuered him of the Companies Tobacco wch he thankfully accepted of.

Mr Sparrowe mouinge for the Shares of land due vnto him, aswell for the Aduenture of 50li paid into the Companies Treasury for wch he had Bills to showe, As also for his 37li—10s wch he paid as he saith for his Capeablenes, and likewise for the transporte of three Servantℯ wch he sent to Virginia at his owne charge: It is ordered that vpon proufe made of the premisses it shalbe allowed and assigned vnto him vnder the attest of the Secretaries hand.

Whereas heretofore a generall order was made in the printed Publi- cation that whosoeuer did put in 12li 10s Aduenture into the Lottary and would waue his prizes should haue a share of land in Virginia in leiue thereof, mr Ditchfeild moued that forsomuch as a frend of his had performed that accordinge to the [5] said order that therefore he might take the benifitt thereof in land as was intended; The Court ordered that if vpon proufe appearinge his request should be graunted but generally they could not extend that fauoure vntill the Lottery Accountℯ were cleared.

Pharao Flinton a Surgion petic̃oninge for restoringe the land giuen him by Sr George Yeardley then Gouernor as he saith in reward of his service wch he pretendeth to be since taken awaye by Roger Smith for the Companies vse, beinge cleared ground, or that in recompence thereof, he might haue somuch cleared ground elswhere; it is ordered that it shalbe com̃ended to the Gouernor for to examine the trueth of this his informac̃on and accordingly to doe him iustice.

These shares of land passed the allowance of the Auditors and approbation of this Court (vizt)

The younge Lo: Lawarre and the Lady Lawarre his mother, she as Executrix of the last will and testament of the Lord Lawarre deceased assigneth ouer fiue shares of land in Virginia of the personall Shares vnto mr Iohn Parkhurst Cittizen and Grocer of London.

Sr Hen: Maynwaringe Knight assineth ouer two shares beinge parcell of the fiue passed vnto him from the right Honoble the Ea: of Dorsett vnto his Brother mr Thomas Maynwaringe of the Inn9 Temple London esquire.

Sr Sam: Sandys knight standinge cleare and not indebted doth assigne one share of land to his Sonne Sr Edwin Sandys knight the younger.

Mr William ffelgate Cittizen and Skinner of London assigneth ouer one share vnto Toby ffelgate of Ratcliffe Marriner his brother.

Mr Phillipp Iacobson of London marchant assigneth ouer one share of land in Virginia vnto his younger Brother mr Iames Iacobson of London marchant.

ffrauncis Carter passeth ouer one share of land vnto ∥mr∥ Thomas Addison of Lincolnes Inn in the Countie of Middlesex, esquire beinge parcell of the later forty shares assigned vnto him by the right Honoble the Lady Lawarr.

Mr Deputy puttinge the Court in remembrance of the elecc̃on of their Officers vpon the next Wedensday namely the Treasuror Deputy Auditors Com̃ittees and other Officers wch matter he doubted not but they would take into their serious considerac̃on: It was generally answeared by the Company that they hoped they should humblie entreat the Lo: of Southampton once more to vouchsafe to hold the place of Treasuror this third yeare vnder whome God had so much blessed the buissinesses to their great and generall Ioye and comfort. [6]

Mr Deputy signified that the Com̃ittee appointed by the former Court having accordingly mett and taken into considerac̃on the matters referred vnto them touchinge Capt: Martyns petic̃on exhibited to his Matie against the Virginia Company and beinge directed to make a double Answeare therevnto, the one vnto his Matie for clearinge the Companie and some perticular persons that stand accused by his said petic̃on, and to certifie that some of the Referrees named therein are suspected to haue bin the cheife Abettors of Capt Martin in this buis- sines: And the second Addresse to be vnto the Referrees themselues as was required: Accordingly herevnto the said Com̃ittee had drawne vp a shorte petic̃on wch beinge presented in Court and twice deliber- atly read was well approued of and beinge put to the question was ordered to be engrossed and that a Declarac̃on of this yeares Supplie should be therevnto annexed: There was also another draft read con- tayninge more ample declarac̃on of the perticular passage of this buis- sines, wch was thought fitt to be referred to a Com̃ittee to be appointed by the Afternoones Court to take it into considerac̃on and out of it to drawe what they shall conceaue fitt to informe the Referrees.

Report was nowe made of the State of the Lord of Southamptons Accountℯ for this last yeare past wch havinge bin examined and approued of by the Auditors were nowe presented in Courte whereby it appeared that his Lops receiptℯ consistinge of these fower heades, namely by Lotteryes, aduentures, transportac̃on and fraight and by the Magazine came to 6756li 2s 3d 1

In the margin is written against this sum "viij 8."

And touchinge the State of the Cash (after report made what great Som̃es of money had bin issued out for payment of auld Debtℯ in Sr Thomas Smithes time,) The Auditors declared that whereas there was graunted fower generall warrantℯ for payment of moneyes to mr Deputy and the Com̃ittees for wch mr Deputy is to account; accord- ingly he had exhibited his said accountℯ to be audited but by reason of the shortnes of the time and the greatnes of their owne affaires the Auditors could not attend to audite them, but desired it might be respited till the next Quarter Court, wch was graunted.

But forasmuch as it appeared by mr Cuffe the Bookeeper his Accountℯ, that mr Deputy is engaged in the Som̃e of 1400li more then he had receaued, It was nowe thought fitt and ordered that he should be secured vnder the Companies Seale according to the writinge wch was nowe presented by the Auditors: Wch beinge read was well approued of and the Seale ordered to be therevnto affixed.

Whereas Divers matters of Accounts, depend between Captaine Argall and the Company, It was moued and thought fitt that this Quarter Court, should thinke on some course to call him to account wch if he shall refuse to doe then to proceed in a legall course against him. [7]

There were nominated for Counsellors to be chosen this Quarter Court namely

There was also propounded to be made free of the Company vizt

Whereas mr Cuffe hath kept the Companies bookℯ and Cash these 2 yeares. It was thought fitt he should haue 40li a yeare for the 2 yeares past onely. And vpon his longer continuance and further paines in that buissines considerac̃on should be had thereof.

The seuerall Patentℯ appointed to be made readie against this morn- ingℯ Court were read and examined and beinge found agreeable to the lawes of the Company were put to the question and comended to the Afternoones Court for further confirmac̃on, The Patentℯ were these vizt

Also priuate Patents for shares giuen by the Quarter Court vizt.

It is also agreed and ordered that those thingℯ that haue bin proposed nowe and in the Præparatiue Court be first ordered in the Afternoone before the elecc̃on of Officers.

Mr Dor Turner presented a Bill of Aduenture of 25li vnder the Com- panies Seale and signed by mr Atkinson, whereof but 12li 10 is acknowledged in the printed booke, the rest to be charged vpon Sr Thomas Smith. [8]

The former ∥Qr∥ Court beinge read forsomuch as it was ordered by this morningℯ Quarter Court, that such matters as had bin nowe and likewise in the Præparatiue Court proposed and referred to the con- firmac̃on of this Afternoones great and generall Assembly should first be ordered:

Accordingly mr Deputy first proposed the Contract made by the Com̃- ittee with Samuell Each Captaine of the Abigall touchinge the build- inge of a Blockhowse neare Blunt-pointe in Iames Riuer in Virginia In wch place (beinge formerly veiwed by him) he hopeth to effect the same ffor performance [9] whereof his demaundℯ also were so rea- sonable, as although the worke should not proue feazeable, yet there would arise no dam̃age to the Company but rather a benifitt by the imployment of so stronge a Shippe for the safe transporte of their people this present yeare as also the whole Colony would be much secured duringe her stay there: The wch bargaine and Contract was by the Court conceaued to be verie reasonable, and beinge put to the question by a generall consent was ratified and confirmed.

And further whereas for the performance of this great worke there was a matter of 200li to be disbursed in necessarie prouisions as namely in Hatchettes Axes Shouellℯ Spadℯ and a stronge lighter (wch came to the greatest charge beinge estimated at 50li) In all wch thingℯ they beinge of so great vse vnto the Colony, there would be noe losse at all, although this worke proceeded not, and besidℯ this 200li beinge onely to aduance the buissines and to be repaide againe by the Colony who are contented to be at all the charge vpon the vndertakinge of so important a worke vnto them for these respectℯ, the Court hath entreated mr Iohn ffarrar to take vp so much money and for his Security, it is ordered that he shall not onely haue the Companies Seale for repayment, but also such goodℯ and comodities as shall come from Virginia to the Companies vse shalbe consigned vnto him vntill vpon the sale he receaue full satisfacc̃on.

And forasmuch as it appeared by the Bookeepers Accounts that mr Iohn ffarrar stand engaged in diuers great Som̃es of money vpon the Companies buissines to the value of 1400li for wch it was thought fitt by the morningℯ Court he should be secured vnder the Companies Seale accordinge to a writinge then presented by the Auditors, the same was nowe againe read and beinge put to the question was ratified confirmed and ordered to be sealed The Coppie whereof dothe here ensue.

By a greate and Generall Quarter Courte held for Virginia the 22 day of May 1622

Whereas 1

The heading and initial word of this document are in the autograph of Nicholas Ferrar. From this point in the manuscript the handwriting is that of Nicholas Ferrar's assistant, referred to as Thomas Collett.

And wheras for the sattisfacc̃on and discharge of ye said engagements, Itt was by a generall Court held the eight of May 1622. Ordered yt the Tobacco lately sent from Virginia belonginge to the Colledge and generall Company, should be sould by certaine Com̄ittees & the Pro- ceed thereof be wholly delivered vnto mr Iohn fferrar; The said Order is by this great and generall Quarter Court Confirmed and ratified, and because yt ye said Tobacco is not likely to discharge butt a little of ye said Debts; Itt is now further ordered yt what soever as well by yt Tobacco yt is now com home as yt wch hereafter is to come, yt shall proue due vnto ye generall Company vppon their Adventure of 800li: in ye great Magazine, shall by the Treasuror of yt Magazine from time, to time, be paid ouer vnto ye saide Iohn fferrar, and that the Acquit- tance and release of ye said Iohn fferrar, shalbe a sufficient discharge vnto ye said Treasuror; And further for ye full securitie, and sattisfac- c̃on of ye said Iohn fferrar, Itt is ordered that itt shalbe lawfull for ye said Iohn fferrar to receaue all such monneys & Debts as are due vnto ye Company & hee can p̳cure and gett in, vntill such time as hee be fully sattisfied discharged and secured, from ye Debts and engagements wch hee hath duely, and for ye Companies buisines vndertaken to gether wth all ye Interestℯ and damages yt shall arise thervppon. And itt is Ordered & agreed yt ye Acquittances & releases of ye said Iohn fferrar shalbe a sufficient discharge vnto such as shall pay him mon- neys soe long as hee shall approue vnto ye Auditors of ye Company that theris mony iustly due vnto him, and in confirmac̃on of ye promisses ye Company haue caused their Legall Seall hervnto to be affixed. [10]

The shares passed in the Præparatiue Court beinge allowed by the Auditors were nowe againe read and seuerally put to the question and confirmed (vizt)

The younge Lord Lawarrs mother as Executrix of the last will and testament of the Lord Lawarr deceased assigned ouer fiue Shares of land in Virginia of the personall Shares vnto mr Iohn Parkhurst Cit- tizen and Grocer of London.

Sr Henry Manwaringe Knight assigned ouer two shares beinge par- cell of the shares passed vnto him from the Right Honoble the Ea: of Dorset vnto his Brother mr Thomas Manwaringe of the Inner Temple London Esquire.

Sr Samuell Sandys standinge cleare and not indebted assigned one share of land to his Sonne Sr Edwin Sandys knight the younger.

William §Mr§ ffelgate Cittizen and Skinner of London assigned ouer one share vnto Toby ffelgate of Ratcliffe Marriner his Brother.

Mr Phillip: Iacobson of London Marchant assigned ouer one share of land in Virginia vnto his younger Brother mr Iames Iacobson of Lon- don Marchant.

ffrauncis Carter passed ouer one share of land vnto mr Tho: Addison of Lincolnes Inn in the Countie of Middlesex Esquire beinge parcell of the later 40 shares assigned vnto him by the right Honoble the Lady Lawarr.

The Share likewise wch mr Roberts passed to his Sonne Elias in the morninge was nowe confirmed.

Mr Roberts presented vnto the Court an East India box or Standish wch he gaue as a testimony of his loue and respect to this Honoble: Company.

The reward of 40li a yeare for the two yeares past graunted by the morningℯ Court to mr Cuffe for his great labor and paynes in keepinge the Companies bookℯ and Cash duringe the said time beinge nowe put to the question was confirmed and ratified.

Certaine gentlemen ∥that∥ were nominated and chosen by the morn- ingℯ Court to be of his Mats Counsell for Virginia were nowe againe read, and seuerally put to the question and confirmed vizt:

• The Lo: Bp of London.
• mr Binge.
• mr Iermyn.
• mr Bernard ye elect Gouernor of the Sum̃er Ilands.

There was also then proposed and admitted to be free Brothers of the Company these followinge

The Aduenturors for the Maides sent the last Som̃er, hauinge moued for a ratable proporc̃on of land to their Aduenture to be laid out together, where they intend to build a Towne wch they desire may be called by the name of Maydes Towne. The Court hath graunted their request and approued of the name they haue giuen therevnto.

The Com̃ittee appointed by the ∥last∥ Præparatiue Court havinge drawne vpp a short petic̃on in the name of the Companie to be pre- ferred vnto his Matie in Answeare of Capt: Martins formerly exhib- ited wch beinge read and approued by the morningℯ Court was nowe againe taken into considerac̃on and being twice read was approued by this great Court And the Lord Cauendish Lo: Padgett Lo: Haughton were humblie entreated to present the same vnto his Matie with all conveniency wch they were pleased to vndertake.

The Court did likewise entreat Sr Edward Sackuill and mr Wrote to acquainte the Referrees namely the Ea: of Leicester and Lo: Carewe with the proceedingℯ of the Company touchinge Capt: Martin and the iust exceptions they had taken against his exorbitant Patent.

The 1

Written over "My" by the copyist.

fforasmuch as Captaine Argall hath hetherto giuen no satisfacc̃on to the Companie for the great losses they haue susteyned by his misim- ploying their Tenantℯ, Corne, Cattle and other yearely proffittℯ in the time of his Gouerment to his owne private endℯ and gayne (to the great preiudice and almost ouerthrowe of the publique Stocke and State of the Colony) for wch beinge questioned heretofore, he hath as yet giuen noe satisfactory Answeare: It is therefore nowe agreed and ordered, that he shalbe warned to exhibite his Accountℯ and required to make a reall Answeare to what the Company can iustly charge him withall and to this end the Court hath earnestly entreated

Vpon moc̃on in reguard the Afternoone was farr spent, it was by a generall consent agreed vnto that the Court should be continued after 6 of the Clocke till all buissinesses were ordered.

Im̃ediately after these buissinesses ∥things∥ were thus ordered, as the Court were proceedinge after their accustomed manner to the elecc̃on of their Treasuror Deputy and other Officers for this present yeare accordinge to the direcc̃on of his Mats Letters Patentℯ, mr Alderman Hamersly rose vpp and havinge first excused his seldome com̃inge to Courtℯ by reason of the Officers negligent [12] warninge of him, he said That himselfe and mr Bell were both com̃aunded by mr Secretary Caluert to deliuer a Message in his Mats name vnto this Court, namely to signifie, that although it was not his Mats desire to infringe their liberty of free elecc̃on yet it would be pleasing vnto him, if they made choise for Treasuror and Deputy any of those gentlemen (com̃ended for their Sufficiency), whose names were menc̃oned in the paper nowe presented in open Court wch were these that followe vizt

Mr Bell beinge also entreated to deliuer the Message he had receaved from mr Secretary Caluert said, that he was not present when mr Sec- retary Caluert imparted this Message to mr Alderman Hamersley but that there came a Messenger to him ouer night to require him to attend mr Secretary Caluert at his Chamber and beinge there mr Sec- retary told him, that his Matie commaunded him to signifie his pleas- ure that out of his good wishes (for the good of the Company and the Plantation) he had recomended to this Court certaine Gentlemen (named in the paper nowe presented) if the Company so thought good: But it was not his meaning to infringe the liberty of their free cho[ise]; And beinge desirous to have had this ∥his∥ Message in writinge mr Secretary said it needed not for it was but short.

Both wch Messages agreeinge in substance, and beinge a full remon- strance of his Mats well wishinge vnto the Plantation and of his gra- ceous meaninge not to infringe the priuiledge of the Companie and liberty of their free elecc̃on was receaued with great ioye and con- tentment of the whole Court and therevpon proceedinge to the elecc̃on of their Treasuror for wch onely three by the orders of the Company could stand for it, It was generally agreed that out of the fiue formerly proposed by his Matie for Treasuror, choise should be made of two of them, to stand in elecc̃on with one that the Companie should name: Wherevpon the former fiue beinge seuerally put to the question, It appeared by erecc̃on of most handℯ that mr Clethero and mr Hanford were to stand for it: Then the Companie named ∥the 1

Written over the word "my".

In like manner out of the fiue formerly named by his Matie for Dep- uty, by erecc̃on of most handℯ mr Leat and mr Bateman were to stand for it, vnto whome the Companie havinge added mr Nicholas ffarrar, they were all three put to the Ballatinge Boxe, and therevpon choise was made of mr Nicholas ffarrar by havinge 103, mr Bateman 10: and mr Leate 5.

Wherevpon mr Deputy ∥tooke 2

Changed from the word "takinge."

Next the Court proceeded to the elecc̃on of the Auditors confirminge six of those of the last yeare namely

After this the Court proceeded to the elecc̃on of the Com̃ittees, wch was performed accordinge to the standinge order of the Companie wch doth appointe one fourth parte to be newe elected and the rest by erecc̃on of handℯ to be confirmed (vizt) of the last yeare were confirmed.

Itt was moued to bestowe on mr Iohn Farrar the late Deputy some proporc̃on of land, as a Testimonyall of the Companies thankfull acknowledgmt and approbac̃on of the generall ∥greate and∥ faithfull seruice performed by him in the place of Deputy the three last years, and accordingly it beinge put to the question there were giuen vnto him 20 shares of old Aduenture: And it was further ordered that together with the Guift it selfe it should be entred in the Court booke, that the Court conceaued his merrittℯ so great, as if their greater liberality had not by their lawe bin bounded within the compasse of 20 shares, they would for him haue exceeded it with farr larger pro- porc̃on. [14]

Itt beinge moued that there might be some presentac̃on of the Com- panies humble thankfullnes vnto his Matie in respect of the graceous Message formerly deliuered after some deliberac̃on had therevponn the Court conceaued it fitt to be sett downe in these words (vizt)

That the Lord Cauendish the Lo: Padgett the Lo: Haughton are humbly requested by the Court to present their most humble thankℯ to his Matie for his graceous remembrance and good wishes to their affaires out of wch he was graceously pleased to recomend certaine persons for Treasuror and Deputy if they so thought fitt, but without any infringement of their liberty of free elecc̃on; And they were further humbly requested to signify and testifie vnto his Matie the great respect and reverence wherewith his message was receaued and howe in conformity therevnto, although they had formerly accordinge to their custome in their Præparatiue Court nominated the Ea: of Southampton for Treasuror, yet out of the persons recom̃ended by his Matie they choose fower who had most voices and put them in elecc̃on with two nominated by the Company vpon whome the places were conferred by an vnanimous consent of the Company, havinge founde the Plantation to prosper euery of these three last yeares, more then in ten before, and found more to haue bin donn with Ten thou- sand pounds, then formerly with fower score thousand: And they conceaued also that in reguard the Staple Comodities of Iron, Silke, Wyne, Salt, Cr are nowe in establishinge and perfectinge: As also that the Gouerment of that Country is to be confirmed, that equall sufficiency for direcc̃on would not so much aduance the Plantac̃on, as the variablenes of Instrucc̃ons proceedinge from different conceptions would preiudice the buissines.

The seuerall Patentℯ examined and approued of in the forenoone were nowe put to the question and ordered to be sealed vizt.

Also priuate Patents for shares giuen by the Quarter Court (vizt)

It beinge moued that it might be free for Aduenturors and Planters to take Duplicatℯ of their Patents vnder the Companies Seale, it was generally held verie fittinge, and therevpon ordered that such as desired duplicatℯ being engrossed and wittnessed by the Secretary to be agreeable to their originall might haue the Seale therevnto affixed. [15]

Whereas at a Court held the Thirteenth of ffebruary last The Com- pany thought fitt to bestowe 2 shares of land old Aduenture in Vir- ginia vpon Iohn Clarke in reward of the good seruice he had donn the Company in transportinge of people and Cattle to Virginia wch beinge referred to this Court for confirmac̃on, The same are nowe accordingly ratified vnto him and ordered to passe vnder the Seale at the next Quarter Court as vnto others.

My Lo: of Southampton beinge nowe present signified vnto the Court that he was content to accept the place of Treasuror for the yeare ensueinge accordinge to their elecc̃on wherein he would be ready to p̱forme the best seruice he could for the Companie and Plantac̃on, hopinge they would please as formerly to dispence with his absence when either his Mats seruice or his owne vrgent occasions did with- drawe him wch the Court willingly condiscended vnto, with humble and harty acknowledgement of their bounden thankfullnes vnto his lp: for his noble fauor and affecc̃on vnto the Plantac̃on vnder whome it had pleased God to prosper it so well in the two preceedent yeares of his gouerment, as there was nowe greater hopes then euer of a flourishinge State and Com̃on Wealth in Virginia, and so his lp: tooke his oath.

My Lo: Cauendish acquainted the Court with his Mats Answeare vnto the Message he deliuered in the name of the Companie in the presence of my Lo: Haughton and diuers others of the Counsell that attended them.

ffirst concerninge the petic̃on he presented to the Kinge in Answeare of Capt: Martins, wherein the Company through iust suspic̃on of par- tiality in some of the former Referrees desired the matter might be referred together with those ll͠s in the first referrence, to certaine other Lords of his Mats most honoble Priuy Councell, whome they nominated: his Matie said he much wondred at this newe [16] sprunge vp custome that Petic̃oners should nominate their owne Referrees, to wch his lp: made Answeare that in that pointe Capt: Martin had bin their exam- ple who in his petic̃on wch his lp: then shewed his Matie had named his owne Referrees wch his Matie had approued.

Touchinge the Account of the last yeares Supplie wch he likewise pre- sented vnto the Kinge his Matie graceously accepted thereof.

Lastly vpon presentinge the Companies most humble thankeℯ vnto his Matie for the graceous message deliuered by mr Alderman Hamersly and mr Bell signifyinge that in proposinge the persons menc̃oned in the paper for Treasuror and Deputy it was not his Mats meaninge to infringe the liberty of their free elecc̃on; Wherevpon choise beinge made of two of each proposed by his Matie to stand in elecc̃on with two others named by the Companie they beinge all put to the Ballatinge Boxe, the elecc̃on fell vpon my Lord of Southampton for Treasuror (vnder whose gouerment the Plantac̃on had exceedingly prospered and encreased) and vpon mr Nicho: ffarrar for Deputy; But his Matie seemed not well satisfied that out of so large a number by him rec- om̃ended they had not made any choise: His Matie Conceauinge that Marchanteℯ were fittest for the gouerment of that Plantation in respect of their skill and habilities for raisinge of Staple Comodities, and instancinge Sr Tho: Smith in whose times many Staple Comodities were sett vpp wch were nowe laid downe and onely Tobacco followed to wch his lp: made Answr that in this pointe as likewise in many other perticulers touchinge the Companie and their proceedingeℯ his Matie had bin much misinformed, the followinge of Tobacco onely and the neglectinge of all staple Com̃odities haue bin the fruiteℯ of Sr Thomas Smiths and Alderman Iohnsons times but on the contrary euer since it hath bin laboured with all industrie care and diligence to erect Iron-Milleℯ Plant Vineyardeℯ nourish Silke and other like, of some whereof they hoped very shortly to giue his Matie good proufe, and that since the time of Sr Thomas Smith, the Colony had growne almost to as many Thousandeℯ of people as he left hundredeℯ good encrease hath bin also of the Cattle: And that with ten thousand pounds expence there had bin more p̱formed for the aduancement of the Plantac̃on then by Sr Thomas Smith with fowerscore Thousandeℯ: And further his lp did assure his Matie that some of those persons rec- omended beinge present in Court did then and most of them haue otherwise publiquely since acknowledged and proffessed that they would neuer haue accepted of those places, professinge themselues through want of experience and aboundance of other imploymenteℯ so disable that they should haue brought backe the buissines more in one yeare then it had gonn forward in these last three so that the choosinge of them had bin the hazardinge of the whole Plantac̃on.

My Lo: of Southampton signified to the Court that himselfe and some others of his Mats Counsell for Virginia together with ye Gouernor and Assistanteℯ of the Sum̃er Ilandeℯ had nowe (before the settinge of the Court) been consultinge about a waightie Proposition made vnto them from my Lord Treasuror wch they conceaued might turne to the benifitt of both the Plantations: Wch Proposition his lp: entreated Sr Edwin Sandys (as best acquainted with the manner of it) to relate vnto the Court. [17]

Wherevpon Sr Edwin Sandys signified that my Lo: Treasuror out of his personall Duety as also the duety of his place bendinge his thoughteℯ to the aduanceinge of his Mats proffitt and Revenue, and yet carefull to avoyde greivinge of his Mats Subiecteℯ and in perticular out of his Noble affecc̃on and well wishinge to the Plantation, wherein himselfe was one of the most auncient Aduenturers, as also of longe time a Counsellor for the same had bin pleased of late to make an overture to him for contractinge with the two Companies of Virginia and Sum̃er Ilands for the sole Importac̃on of Tobacco into England, as also into the Realmes of Ireland: The graunt whereof havinge in these two former yeares been managed by other Contractors to the discontent and perhapps Detriment of the said Plantations, they might nowe haue the Grant thereof made vnto themselues and consequently haue the sole managinge of all that Comodity with reseruac̃on of a valuable rent to his Matie wch he thought might redound to the great benefitt of the Plantac̃ons.

Touchinge wch Proposition his lp: desired to knowe his opinion in priuate before it were further published, Sr Edwin Sandys professinge his ingorance in matters of that nature desried to haue some other associated with him, wch his lp: well likeinge of, and giuinge him his ownce choise, he chose Sr Arthur Ingram, who then was present beinge likewise an auncient Aduenterer and Councellor for the Plantation and who vpon all occasions did manifest his great good affecc̃on to it.

Sr Edwin Sandys and Sr Arthur Ingram fallinge into a consultac̃on amongst themselues touchinge this Proposition and consideringe ye vncertainty of this deceaueable weede Tobacco wch serued neither for necessity nor for ornament to the life of man, but was founded onely vpon an humor wch might soone vanish into smoake and come to nothing, whereby the vpholding of any great rent to his Matie to be raised out of that Com̃odity might in a short time bankrupt the Com- panies, and vtterly ruine the Plantac̃ons: conceaued that it was a much safer waye for the Companies rather to yeald vnto his Matie a certaine proporc̃on out of the Tobacco it selfe in specie then a certaine Revenue in money, being subiect to so great danger.

This Answeare within a fewe dayes after they returned to his lp: who requiringe their opinion what proporc̃on they thought fitt, Sr Edwin Sandys made Answeare that the Comodity beinge managed by men of skill and dexterity he thought that if the Companies should yeald to his Matie a fourth part of the proffitt thereof it might raise vnto him a verie faire Revenue, And for his owne priuate opinion he thought it not impossible that the Companies (taking all circumstances into their ∥due∥ considerac̃on) might yeald to that fourth part, so as to be discharged of all other burdens.

His lp: herevpon fallinge into a calculac̃on of the quantitie of Tobacco yearely spent in these Kingdomes, as also of the prices at wch it might be sold concluded that without the Grant of a Third part, there could not be that revenue raised to his Matie as was expected, and as for other charges his lp: answeared that the old Custome of vjd and iiijd the pound beinge already graunted to his Mats ffarmors it might needs be [18] paid, for otherwise the Defalcac̃ons wch the ffarmors would dem̃aund might swallowe vp the greatest parte of his Mats Rent in- tended, how beit he would helpe to bringe the matter to a reasonable composic̃on and such as might be no great burden to the Companie.

In conclusion his lp: aduised Sr Edwin Sandys to comunicate this Proposic̃on first wth the Gouernor and Deputies of the two Companies and if they did approue of his lps opinion who conceaued it might redound to the great benifitt of the Plantations and that in more respectℯ then one, beinge duely waighed and considered, they might proceed to impart it to the Companies so to receaue their resoluc̃on and further direcc̃on.

Accordinge wherevnto Sr Edwin Sandys hauinge acquainted both their ll͠ps then present and the Deputies of the Companies with the offer and nature of this Contract proposed And their ll͠ps havinge com̃- unicated the same to the Counsell of the one Company and Assistants of the other they all thought it fitt that the same should be proposed to the considerac̃ons of the Companies wch accordinge to their ll͠ps com̃and he had nowe performed.

Wherevpon after some pause and deliberac̃on the Companie signified their general well likinge of it: but withall desired that it might not be concluded vpon vntill such time as they had better considered of euery perticular matter and circumstance thereto incident and deliu- ered theri opinions thereof either by writinge or otherwise.

Touchinge wch it was answeared that nothinge could be yealded vnto to binde the Company without the consent of a Quarter Court, wherer- vnto the ratificac̃on of this buissines must be referred:

Wherevpon it beinge put to the question first whither they liked to entertayne this Proposition in generall on such condic̃ons as should be afterward agreed and assented vnto by themselues: The whole Court with an vnanimous consent signified their approbac̃on thereof.

Next it was propounded and thought fitt that a Comittee of either Companie should be appointed to treat and consider of the matter of this Contract and out of their number to select some to treat with my Lord Treasuror from time to time about it.

Wherevpon for the Virginia Companie these eight by erecc̃on of handℯ were chosen (vizt)

After this the Virginia Court beinge dissolued into a Sum̃er Ilandeℯ Court and the Lo: Cauendish Gouernor of the said Companie takinge the Chaire, Choise was made of six for that ∥ye∥ Company vizt

who are entreated by the Court to take the premises into their con- siderac̃on and to make report from time to time of their proceedingeℯ vnto the Court, that their opinions and aduises may be also had therein. [19]

Mr Deputy acquainted the Court that Sr Nicho: Lower whose Breth- ren had bin large Aduenturers longe agoe, was nowe himselfe resolued to come into this buissines, wherevnto alwayes he had borne a zealous affecc̃on and had brought in 25li for the purchase of two shares wch the Court verie gladly accepted ∥of∥ and a Bill of Aduenture was Sealed vnto him for two shares and the money deliuered to mr Iohn Cuffe the Companies Casheer.

It pleased the Right Honoble the Lord Cauendish to passe ouer one of his shares of land in Virginia vnto mr Hobbs wch beinge allowed of by the Auditors was also approued and ratified by the Court.

After the readige of the former Quarter Court mr Deputy acquainted the Company with diuers complainteℯ that had bin exhibited to his Matie by petic̃ons against the Virginia Company, wch his Matie had bin graceously pleased to referr to Sr Christofer Perkins one of the Mais- ters of Requesteℯ with order to call the Deputy of the Company and some others before them to require their Answeares therevnto; Accordingly himself and some other of the Companie had bin before Sr Christofer Perkins, where they found diuers petic̃ons had bin preferred against the Companie where they also found Capt: Martin and Captaine Hazell attendinge their cominge who had exhibited two petic̃ons to his Matie complayninge in their first that the Virginia Companie denied him the said Captaine Martin the fruic̃on of those priuiledges contayned in his said Patent, wherevnto the Companie had former[mer]ly giuen their Answeare: in their second petic̃on to his Matie Capt: Martin and Capt: Hazell (with many others vñamed) entituled his Matie to a large parte of Virginia beinge fower score miles in circuite wch should be sett out by Sr Tho: Dale as the Kings fforrest. [20]

To the Kings moast excellent Maty

The Humble Petition of Captayne Iohn Martyn esq And Captayne Robert Haswell wth many others. 1

The caption of this petition is the autograph of Nicholas Ferrar. The handwriting changes from this point to that of the unidentified copyist referred to above as the "Fourth Copyist."

Humbly sheweth to yor most excellent Matie that whereas in time of Sr Tho: Dale Gouernor for yor Matie in Virginia there was a great quantitie of Woodland Marish and other grounds beinge in circum- ference by estimac̃on fower score Miles or thereabouteℯ for wch ground he did compound with Powhatan the Indian Kinge or cheife of that place and bounded the same out with markeable Trees and other Markeℯ of perpetuall knowledge and remembrance with a solemne procession also of many yor Mats Subiects then and there liuinge comaundinge notice to giuon ∥be taken∥ thereof and to be alwayes entituled and called the Kingeℯ fforrest.

In wch fforrest of yor Mats there is of Deare and wild Swine a verie great number that beinge preserued with care and iudgement from the continuall hauocke and spoile that is and wilbe made of them and their brood, By wch preservac̃on yor Mats Colony may be continually nourished and Shippinge at all times plentifully victualled with Corne and Porke Baken and Deeres fflesh besideℯ there is many other prof- fitable Comodities alleady knowne

Yor Petitionrs therefore most humbly beseecheth yor most sacred Maty to be pleased to take the said fforrest into yor owne handeℯ and to appoint some honoble person to ∥be∥ the Com̃- ander thereof, authorisinge him to giue order for Plantac̃ons thereon for yor Mats best behoufe and proffitt Giuinge order also for a Iustice of oyer and Rangers and other officers as shalbe thought most convenient for the said fforrest and Plan- tac̃on.

And yor Petic̃oners shall praye for yor Mats happie and longe raigne ouer vs.

Vnto this Petition as a matter of great consequence Sr Christofer Perkins required in his Mats name a speedie Answeare: Wherevpon the Counsell hauinge mett in the morninge, and taken it into con- siderac̃on framed an Answeare therevnto wch doth here ensue. [21]

The Aunsweare of the Counsell and Compagny for Virginia assembled in a generall Courte to the Petition of Captayne Iohn Martyn and Capt: Robert Hassell wth many others unnamed touching that which they call the Kings Forrest in Virginia 1

The caption and first four words of this document are the autograph of Nicholas Ferrar.

The sayde Counsell and Companie for aunsweare therevnto saye that they acknowledge no Kinge of Virginia but Kinge Iames, of and vnder whome they hold and not from ∥king∥ Powhatan so named by the Petitioners.

True it is that for a permanent honor as well to his royall Matie the ffounder of that Plantation as also ∥to∥ his Princely Issue they haue named both their chiefe Citties as also other places most remarkeable with the names of his Matie and of his Children wch they suppose doth noe waye alter the proprietie of Inheritance in those places wch his Matie by his letters Patenteℯ vnder his great Seale hath graunted to the said Companie for and throughout all Virginia.

Touchinge the Kingeℯ fforrest so named in the petic̃on, it is a name happily knowne to Capt: Martin and his Associateℯ but not to the Company and in the circuit of that Territory wch they are pleased to call the fforrest are placed both Iames City beinge the principall Citty in Virginia and place of residence for the Gouernor & Counsell and also diuers other principal plantac̃ons and namely that of the Citty of London.

Touchinge the Deere it is true that generally the whole Countrie of Virginia is replenished with them, but for the Swyne they are no other then ye breed of such as haue bin transported thither by the Companie: And it is strange vnto them yt Capt: Martin who is said to haue ruined aswell his owne State (if euer he had any) as also the estate of other who put him in trust (as namely Capt: Bargraue) & who hath made his owne Territory there a Receptacle of Vagabondeℯ and bankerupteℯ & other disorderly p̱sons & whereof there hath bin made publiq̢ complaint and who is famous for nothinge but all kinds of base condic̃ons so published in print by the Relaters of the proceedingeℯ of the Colony aboue 10 yeares since, and who for the said condic̃ons was Displaced by the Lord D' Lawarr from beinge of the Counsell as a most vnworthie per- son and who hath presumed of his owne authority (no way deriued from his Matie) to giue vniust sentence of death vpon diuers of his Mats Subiecteℯ & seen the same put in cruell execuc̃on, should dare to offer himselfe to his Sacred Matie as an Agent either for matter of good husbandrie or good order.

And as for Capt: Hazell he is neither Aduenturer in the Companie nor Plantr in Colony but a meere strangr to both nor otherwise knowne vnto them then as an Interpreter to a Polonian Lord of his owne creatinge.

But if his Matie should be pleased to giue ∥haue∥ a Royall demeasne sett out for his Maty his heires and Successors in Virginia to be and so be called for euer, the Kingeℯ land there could be nothinge more ioyfull to the said Counsell & Companie nor wherein they would more willingly imploy their vttermost endeauors for the advanceinge of a perpetuall standinge Revenue to his Matie.

The Court entred into an exact discussement of all the perticular pointeℯ therein, and hauinge heard it twice read confirmed the same, and for deliuery thereof to Sr Christofr Perkins, they humbly besought the Lord Cauendish the Lord Haughton Sr Edwin Sandys, and desired the gentlemen that had formerly bin with Sr Christofor Perkins to attend them. [22]

Mr Peirs the Capemarchant takinge notice of Captaine Martins Deniall of protectinge any within his Territories from arest for debt affirmed that havinge deliuered divers Warranteℯ to the Prouost Marshall of Iames Citty in Virginia, to be serued vpon men that were indebted lyvinge loosely within Captaine Martins Plantation, the Prouost Mar- shall told him that the said Capt: Martin resisted the Officer and drewe Armes vpon him and would not suffer him to execute the said Warranteℯ.

Wm Capps and one Grindon also affirmed that it was comonly reported that Capt: Martins Plantation was a place of refuge for such as were indebted whither they com̃only fled and were protected.

Captaine Rossingham likewise affirmed the same and that if Capt Martin had bin of power, there had bin no livinge in Virginia.

Mr Jefferson reported likewise that to his knowledge Captaine Martin beinge sum̃oned refused to obey the generall Assemblies.

As each man had deliuered this his reporte of Captaine Martin the Court caused it againe to be read vnto euery of them who affirmed the same to be truely sett downe as they deliuered it nowe openly in Court, and that they would be ready to iustifie the same vpon their oath.

Mr Deputy further presented a petic̃on that one Adam Dixon had exhibited to his Matie. Also an Attestac̃on of greivances in Virginia exhibited by one Wm Kempe, vnto both wch Sr Christo: Perkins in his Mats name required the Companies Answeare:

Accordingly wherevnto the Companie ∥Counsell∥ had drawne two seuerall Answeares.

To the Kings most excellent Maty The humble petition of Adam Dixon of Virginia 1

The caption and first four words of this document are in the autograph of Nicholas Ferrar.

Humbly sheweth to your most Excellent Matie that whereas yor Petic̃oner was hired for Virginia for the seruice of the Companie and Colony as mr-Calker of the Shippe and Vessells as occasion requireth and there to serue them for the space of 3 yeares at the rate of 36s the Moneth wch time and seruice hauing fully and faithfully performed, yet beinge afterward forceably detayned for the seruice of the Colony in their imployment for the terme & time of seauen yeares or thereabout, Also whereas Captaine Argall in the time of his Gouermt gaue vnto yor peticonr and one Io: Berrey a peece of ground vncleared to build vs a howse wch he ∥wee∥ did to ye cost and charg of 100li yor petic̃ hath vntill this day neuer receaued any more money for recompence & satisfacc̃on of his time & seruice but 3li 13s So there remayneth due vnto yor Petic̃oner by the Companie 150li 8s or thereabouteℯ likewise yor peticonr and Io: Berry was this last yeare turned out of their sd howse & ground by Sr Geo: Yeardley contrary to all equity iustice or conscience to or great discomfort & other vndoeinge.

Yor peticon9 therefore humbly beseecheth yor sacred Matie to be pleased to graunt vs yor most graceous Reference to the right worll͠: Sr Ro: Mamsell & Sr Christo: Perkins Kinghteℯ to heare & take order for our redresse accordinge to equity & right or otherwise to certifie yor Matie what their wisdoms shall thinke fitt to be donn therein.

And yor Petic̃oners shall euer pray for yor Mats longe and happie raigne ouer vs. [23]

19 Iunij 1622

∥The Answr of the Counsell and Company for Virginia assembled in a generall Court to the petic̃on of Adam Dixon

The said Counsell and Company for answr therevnt say Cr q̢ this Aunsr infra.∥ The greevances of certayne Inhabitants of Kikatan in Virginia now called Eliza- beth Citty by the testimony of William Kemp for thees named and divers others 1

This paragraph and the first five words of the following paragraph are in the autograph of Nicholas Ferrar.

Humbly sheweth yt William Iulian was by Capt: Argall then Gouernor allotted vnto him a proporcon of land possessed thereof and built a howse at his owne charge ∥cost∥ worth 30li & was after by ye com̃and of Sr Geo: Yeardly ∥then Gouernor∥ turned out of Doores, wch Iulian did also mayntaine at his owne charge for 3 Moneths 4 men wch was also taken away from him to serue their vse without any recompence also.

Iohn Bush hauinge two howses paid for before the said Gouernor came in was in like man9 turned out and Capt: Nuce put in possession of the same by Sr George Yeardley contrary to all right and equity whereby he lost all his goodeℯ and his wife in that extreamity miscarried with her child.

The Brother of the said Iohn Bush beinge then dead in the howse and his wife great with Child was likewise turned out.

Iohn Powell was in like manner turned out of Doores and forced to forsake his howse wch he had built at a great charge and had cleared much ground wch was verie chargeable to him also.

Thomas Brewer hauinge by casualty his howse burnt and had built another & cleared much ground was likewise supplanted and turned out of Doores not- withstandinge he had it confirmed vnto him vnder the Scale of the Companie Colony.

Thomas Willoby had newly hired a howse and was likewise turned out.

Iohn Gundry with his wife and Child hauinge at his owne cost built a howse was also turned out of Doores.

All or the most of these was of longe continuance auncient Planters and the best members of the first mechanicke Tradeℯ.

Wm Kempe wilbe sworne that this is true.

By me Wm Kempe.

19 Iunij 1622

The Aunsweare of the Counsell and Compagny for Virginia assembled in a generall Courte to the petition of Adam Dixon. 1

The caption of this document is in the autograph of Nicholas Ferrar.

The said Counsell and Companie for aunsweare therevnto say, that the matters therein contayned are to them vtterly vnknowne, & such as they haue no inducementeℯ to p̱swade them to be true, neither is there extant in their bookeℯ the menc̃on of any such Contract for ought they can finde & if any such were it must haue bin made in the time of Sr Tho: Smith when he was Treasuror and by his authority vnto whome they referr him for aunsweare and satis- facc̃on, touchinge the other part of his owne complainte against Sr George Yeardley who was likewise chosen Gouernor of Virginia in the said time of Sr Tho: Smith and by his consent: if he hath com̃itted the wronge and outrage alleged in the said petic̃on, whereof the peticonr neuer as yet complained either to the said Counsell or Companie, they will take a course for redresse thereof with all possible expedic̃on by com̃ending the same to the care of the Gouernor and Counsell nowe resiant in Virginia.

The Aunsweare of the Counsell and Compagny for Virginia assembled in a generall Courte to ye Greivances in Virginia exhibited by William Kempe. 2

The caption and first three words of this document are in the autograph of Nicholas Ferrar.

The sayde Counsell and Companie for answr therevnto saye yt none of ye p̱ties p̢tended to be wronged by ye said greivances haue to this Day made any com- plaint thereof to ye said Counsell or Companie & therefore they haue no cause to conceaue them to be true ye rather for yt the said Wm Kempe doth not so much as pretend in his said Complaint any authority from the said p̱ties greived to exhibite ye same; neither yet hath exhibited it to ye Counsell or Companie where right might haue bin donn, himselfe havinge bin in England this Twelue- month & vpward wch is an argmnt of suspic̃on yt he hath rather bin sett on by some other mens mallice then moued wth zeale of right & iustice.

Howbeit ye said Counsell & Companie will with ye next oppertunity (accord- inge to their custome in causes of like nature) transmitt the said complt to ye Gouernor & Counsell resiant in Virginia yt if any Trueth may appeare in any part thereof they may proceed aswell to a due reformac̃on of ye said greiuances as also to ye condigne punishmt of the persons charged to be Delinquenteℯ. [24]

The petic̃ons were read and the Answeare approued by the Court and the deliuery of them to Sr Christofer Perkins recomended to the former Com̃ittee.

Capt:

Mr Deputy signified further that one Capt: Som̃ers in a petic̃on to his Matie had entituled his Matie to the Sum̃er Ilands and to 12000li for the Ambergreece that was there founde, the Answeares therevnto although it properly belonged to the Sum̃er Ilandeℯ Company because the Vir- ginia Companie was in the petic̃on taxed of iniustice and oppression, he thought fitt by the waye to signifie it vnto them, that they might see what Machinac̃ons were sett a foote against the Plantac̃ons.

To the Kings moast Excellent Maty The Humble Petition of Captayne Mathew Sommers Petitioner in the Kings Bench

Humbly sheweth unto your moast Excellent Maty 1

The address and preceding words of this petition are in the autograph of Nicholas Ferrar.

that whereas Sr Geo: Sum̃ers Knight beinge one of the first and cheife of the Plantation of Vir- ginia as appeareth by your Mats Letters Pattenteℯ aduentured therein 1000 and odd poundeℯ and beinge forced by fowle weather to saue himselfe and Com- panie sought and Iland called the Barmudaes where he lost 2

Written over the word "left."

his Shippe and soone after his life, yor humbe peticonr his im̃ediate heire and there in person built a smale Pynnace to convey his Companie for England, and left there men to continue the possession in yor royall right.

The Virginia Companie vnderstandinge of this Discouery did challenge it as their right beinge 100 leagues at the least without distance of their Graunt: the said Companie sent a Gouernor with men to take that possession from yor Matie and findinge yor Petic̃oners men to be still lyvinge who found by their industrie and a cake of Ambergreece of 160li waight the the said Gouernor hearinge thereof did violently take it from them to the vse of the Companie who sold it for 12000li and offered violence to those men for the confessinge of more.

Shortly after the said Companie sold the said Ilands to a perticuler Company for 2000li as was confessed by Sr Edwin Sandys in open court without any reliefe vntill this Day of yor Peticoner either for his aduenture or otherwise albeit they haue often bin sought vnto at yor peticoners great charge and vtter vndoeinge, and nowe not so much as his petic̃on to be read in their Court, but threatned to put out his frend the Solicitor thereof out of the Court These and no other comforteℯ ∥can∥ wee the auncient Aduenturers receaue amongst them wch wee most humblie beseech yor Matie for godeℯ cause to see redressed. ffarther yor Peticoner most humbly beseecheth yor §sacred§ Matie to be pleased to enter into considerac̃on of yor owne Royall righteℯ therein, and to giue order to the right Honoble the Lordeℯ of yor Highnes Counsell for the hearinge and Determining of yor Mats Righteℯ and also for the releiuinge of yor poore Suppliant.

And he shall (as in duety most bounden) euer pray for yor Mats most happie and prosperous raigne. [25]

The Aunsweare of the Gouernour and Compagny for the Summer Islands assembled in a Generall Courte to the Petition of Mathew Sommers prisoner in the Kings Bench.

The sayde Gouernour and Compagny for aunsweare therunto say 1

The caption and preceding words of this document are in the autograph of Nicholas Ferrar.

That true it is that the Companie for Virginia at their owne great charges furnished and sett out Sr Tho: Gateℯ and Sr Geo: Sum̃ers Knts with a fleet of diuers Shippes and some hundredeℯ of people in a voyadge to Virginia, of wch the said Sr Tho: Gateℯ to ∥bee∥ Leiutenent Gouernor and to hold the cheife place of Gouerment in the absence of the Lo: D'Lawarr then Gouernor of Virginia and Sr Geo: Sum̃ers to be Admirall. pag. 24.

And it is also true that the said Sr Tho: Gats and Sr Geo: Sum̃ers passing both in one Shippe were forced by fowle weather and a leake in their Shippe to ruñ her vp vpon the rockeℯ of the Ilandeℯ then called Barmudaes and nowe ye Sum̃er Ilandeℯ.

ffrom whence hauinge built a smale Ship and pinnace they went on to Virginia with intent to sent a Shippe backe to the said Barmudaes for the bringinge of hoggeℯ from thence to Virginia (whereof in the said Barmudaes they found great store and in the meane time were left behinde three of ye Companies men vpon other occasions then in ye said petic̃on is menc̃oned It beinge then conceaued that the said Ilands laye nearer to Virginia then afterwardeℯ proued, and consequently that they belonged vnto the Companie of Virginia (by ver- tue of an originall graunt from his Matie) wch afterwardeℯ appearinge to be otherwise they were humble Suitors vnto his Matie for an enlargement of ye said former graunt whereby the said Barmudaes might be conteyned within their lymitteℯ wch they also obtayned, In wch meane time Sr Geo: Sum̃ers beinge sent backe from Virginia to the Barmudaes for transportinge of the said Hoggeℯ by reason it was conceaued that those Ilandeℯ lyinge lowe would not easily be found againe but by a man of great skill in all passages by sea, such as was Sr Geo: Sum̃ers, It pleased God that there he ended his Dayes, and the petic̃oner Mathewe Sum̃ers Kinsman to Sr Geo: Sum̃ers but not his heire (contrary to the trust and intended purpose of that voyage) in stead of returninge wth the said Hoggeℯ for Virginia perswaded the Marriners to come away for England where the said Mathewe Sum̃ers hath euer since continued for ought that the Companie knoweth without p̱formance of any the least service for behoufe of either Plantation: The Companie for Virginia havinge obtained the said graunt of the Barmudaes from his Matie and findinge it verie convenient for a strength to Virginia to be planted and peopled beinge not able to effect the same at their com̃on charge did passe their right awaye to diuers principall Members of their Companie vndertakinge for the plantinge and peopling of the same.

And afterwards vpon surrender of the said graunt vnto the Kinge his Matie was pleased vnder his great Seale to graunt the said Ilandeℯ vnto the said Vnder- takers and to incorporate them by the name of ye Companie of the Citty of London for ye planting of ye said Barmudaes from thence forward to be called by the name of ye Sum̃er Ilandeℯ ffor the plantinge and peoplinge whereof the said Companie haue Dispended of their owne proper goodes to the Sum̃e of one hundred thousand markeℯ & vpwardeℯ.

And they saye further yt true it is, yt the said 3 men left behinde in ye said Ilandeℯ as aforesaid hapned to finde one Blocke of Ambergreece of a verie great value, The right wherevnto was graunted to the said Companie for the Sumer Ilandeℯ by ye Companie for Virginia at whose charges and in whose seruice ye said three men were sett out and imployed, notwithstandinge by reason of vnderhand conveyance away of the said Ambergreece the said Companie for the Sum̃er Ilandeℯ neuer recouered aboue one Third part of ye said blocke of Ambergreece the certen value whereof they are not able to deliuer, by reason that the then Gouernor of the said Companie (beinge then also their Treasuror) hath hitherto refused to deliuer vp to the said Companie an account of their Tresury, And touchinge the Third part of the said Ambergreece wch came vnto the possession of ye then Gouernor of their Companie & wherevnto they conceaue they had a iust and lawfull title, they haue notwithstandinge com- pounded for the same with the finders there of aforesaid, so as none of them haue any cause to complaine of ye said Companie and least of all the said Mathewe Sum̃ers who had no interest therein.

And as for the said peticonrs Demaund of ye right of ye said Sr Geo: Sum̃ers in Virginia for his pretended Aduenture, beinge farr short of ye Som̃e sett downe in ye said petic̃on, ye said Company saith yt ye said Mathew Sum̃ers beinge not right heire to ye said Sr Geo: Sum̃ers (as was confessed by his Solicitor one Capt: Baylie in open Court) can haue no iust pretence to the same, but that ye Companie for Virginia haue alwayes shewed themselues verie willinge to doe all right to ye true heires of Sr Geo: Sum̃ers with as much fauour and assist- ance as they may reasonably desire: And Although ye said Mathewe Sum̃ers haue no iust cause to stile himselfe an auncient either Aduenturer or Planter consideringe his short aboad there and soddaine returne without license: And the said Companie for Virginia haue bin greatly wronge by his Solicitor, ye said Capt: Baily whome it seemeth nothinge can satisfie but ye distrucc̃on of both ye Plantations, yet if there be any thinge of right belonginge vnto the said Mathewe Som̃ers vpon notice giuen thereof he may receaue all fitt satisfacc̃on.

This beinge ye true state of ye matters complayned of in ye said petic̃on The said Gouernor and Company forbeare to make aunsweare to a multitude of other p̱ticularities therein contayned: The same being either friuoulous or void of all coulor of trueth. [26]

A moc̃on was made in the behalfe of mr Edward Iohnson that in respect his father Sr Robert Iohnson deceased was an Auncient Aduen- turer he might therefore be admitted to enioye his ffathers right beinge his next heire and that he might haue a Patent with as much fauor as the Companie do graunt to any other auncient Aduenturers, both wch requesteℯ the Court condiscended vnto and gaue order for a Patent to be drawne against the next Court.

Vpon the earnest desire of diuers Aduenturors that mr Copland would please to goe to Virginia and applie himselfe to the Ministry there: A moc̃on was made that forsomuch as he had deserued so well of the Companie by his good moc̃ons and endeauors wch haue redounded much to the honor and benifitt of the Plantation, as also in respect of his owne sufficiency and worth (where of he hath giuen so ample tes- timony, that therefore some extraordinary care be had for his placeinge and entertainement in Virginia in good manner wch moc̃on was well approued of and therevpon the Court referred it to a Comittee to treat and aduise about the same vpon next Satturday morninge at mr Deputy ffarrars vizt

Sr Iohn Bourchiers request by letter for his Sonn Whittakers returne for England who (as he saith) intendeth not to staye here any longer from his Wife and Child, whome he meanes to leaue behinde him, then he can furnish himselfe with necessaries, is referred to the former Com̃ittee to be considered of.

The petic̃on of Thomas Goldsmith Ann Minters and some others were also referred to the considerac̃on of any fower of the former Comittee to be ordered and reported of to the next Court.

At the same time was presented the petic̃on of Widdowe Smalley con- cerninge fower Oxen in the Colony wherevnto she pretended right by Graunt from Capt: Argall, The same Oxen hauinge formerly bin her Husbands, vpon occasion of wch petic̃on report was made to the Com- panie of diuers suspitious proceedingeℯ concerninge the same, as namely that the said Widdowe Smalley had first exhibited a petic̃on and greuious complainteℯ to the Kinge against Capt: Argall for hauinge spoiled her of all her goodes, wch petic̃on beinge referred by his Matie to the Counsell for Virginia there was after some time brought in a retractac̃on of that petic̃on and Complaint against Captaine Argall vnder her hand and Seale; wherein shee also charged others (but without any name) to be incident inciters to her to make that complaint: wch retractac̃on her selfe first desired might be read in open Court: And the same was afterwardeℯ much pressed by Captaine Argall: but the [27] Counsell denied it, vnles shee would first name those that had bin her Incyters, the rather for that Capt: Argall with some extraordinary vehemency declared, that he suspected some of the Companie to haue so sett her on worke, and beinge vrged to declare whom he suspected, he in fine named that he had suspected Sr Edwin Sandys.

After wch time Widdowe Smalley repairinge to some number of the Councell assembled together (of wch number was the Lord Cauen- dish, mr Gibbs, mr Wrote the two Deputies and others) shee renued vnto them her complaint against Captaine Argall for wch beinge reproued, (havinge before vnder hand and Seale retracted the same) shee answeared that shee was forced therevnto by Capt: Argall who had caused that writinge to be made at the Dors Com̃ons and refused to sett ouer vnto her, her Husbands Executorshippe vnles shee sett her hand and Seale to that writinge, the matter whereof shee said shee did not well vnderstand, contrariwise shee iustified her former complainte made to the Kinge against Capt: Argall protestinge she was by no other meanes moued therevnto, but by the wrongeℯ he had donn her, and that the Petic̃on was drawne by a freind of hers dwellinge in Tower street at her request.

Wherevpon Sr Edwin Sandys (beinge then present in Court) protested that he neuer in his life spake worde to the said Widdowe Smalley otherwise then in passinge by as shee solicited him, about her petic̃ons neither euer sent Message to her either directly or indirectly, And he said that he had not deserued of Capt: Argall or any man eleℯ that he should entertaine so vnworthie a suspition against him, havinge donne nothinge against Capt: Argall otherwise then he was bound to doe by vertue of his place at what time he was Treãr, as also of his oath vpon complaint made against him for so great a depredac̃on in the Colony when he was deputy Gouernor, wch complaint against Captaine Argall neither moued from him neither yet in the yeare wherein he was Treasuror, but findinge it a foote it was his Duty to bringe it to Tryall by lawfull meanes wherein he alwayes followed the Counsells direc- c̃ons: And although Captaine Argall by meanes of his great frendeℯ had not bin proceeded with, to a full and finall Tryall; yet the mat- ters against him were still in force and validity his Answeares vnto them hitherto hauing giuen litle or no satisfacc̃on as he conceaued.

Vpon this occasion it was moued by diuers of the Court that the Let- ters written by Sr Thomas Smith and mr Alderman Johnson then Treãr and Deputy aswell to the Lord D'Lawarr as to Capt: Argall himself might be openly read in Court wch was accordingly donne the Coppies whereof doth here followe.

A Coppy of a letter sent to Captayne Argoll in the good shipp the William and Thomas.

Sr Wee receaved your letters by the George 1

The caption and the first eight words of this letter are in the autograph of Nicholas Ferrar.

directed to the right Honoble Lordeℯ Cr But before the receipt whereof wee had finished ours wch wee purposed to haue sent to you by this conveyance without expectinge the Georges com̃inge but by the vnexpected contenteℯ of yours wee are driuen to lay aside our former and breifely to declare our mindeℯ in this wherein wee take no pleasure. [28]

You knowe howe many wayes you haue bin exceedinge chargeable to the Com- panie not of late onely, but formerly when you contriued the fruiteℯ of their expence to yor owne benifitt without beinge called to an Account they haue also put honoble reputac̃on vpon yor person and presuminge of yor wisedome and discrec̃on they made you Gouernor to followe their Com̃ission and Instrucc̃ons wch in the person and protestac̃on of an honest gentleman you vndertooke to doe.

And therefore it is verie strange to vs to see you so change and differ from yor selfe wch by yor wordeℯ and deedℯ beinge the testimony of yor minde wee do sensibly see and feele, As in perticuler you intimate first vnto vs that you hold yor selfe disparaged in that wee sent you our last ɫres subscribed with so fewe handeℯ, yt wee termed you but Deputy Gouernor, and that wee should thinke our Capemarchant a fitt man to deliuer our ɫres to yor handeℯ, yor heape vp also many vniust accusac̃ons against vs and the Magazine, nourishinge thereby (insteed of pacefyinge) ye malecontented humors of such as seeke to bringe all to confusion and to ouerthrowe that wch is setled vpon iust and equall Termes to be propt of the Plantation there and the life of the Aduen- turers here, wch both vndoubtedly must stand and fall together But wee shall easely put by all such yor weeke imputac̃ons when time shall serue to Debate the perticulers and when wee feare yor selfe will not be able to aunsweare yor owne Acc̃ons, yea yor owne ɫres dated at Iames Towne, in March i617 shall iustifie vs in some of those perticulers touchinge the Magazine wherein you are contrarie to yor selfe.

Tobacco and sassafras onely for iust causes are restrained at reasonable rateℯ to the Magazine, and you beinge Gouernor restraine noe man but Passengers Mr Marriners bringe the greatest part of Tobacco and all the Sassafras for themselues, It is laid vnto yor charge that you appropriate the Indian Trade to yor selfe, you vse our ffrigatt that came from the Sum̃er Ilandeℯ and the other with our men to trade for yor owne benifitt, yor proclaime in the Colony that no man shall trade with the Indians nor any buy any ffurrs but yor selfe: It is also iustified that you take the auncient Planters of the Colony wch ought to be free and likewise those from the com̃on garden to sett them vpon yor owne imploymenteℯ, and that you spend vp our store Corne to feede yor owne men as if ye Plantac̃on were onely intended to serue yor turne.

Wee cannott im̃agine why you should giue vs warninge yt Opachankano and the Natiues haue giuen their Country to mr Rolfeℯ Child and that they will reserue it from all others till he comes of yeares except as wee suppose as some do here report it to be a Deuise of yor owne to some espeaciall purpose for yor salfe but whither yours or thers wee shall little esteeme of any such convey- ance.

You say you haue disposed of all our kine accordinge to or Com̃ission It seemeth you neuer looke vpon our Instruccons, wee gaue you no such Com̃is- sion but the contrary in expresse wordeℯ as that you should preserue and nour- ish them to ye com̃on vse only a fewe wch wee had disposed whereof wee send you the p̱ticulers wee thought it vnpossible when wee made you Gouernor yt euer you should offer vs this kinde of dealinge not once to menc̃on howe many to whome nor for what considerac̃on, but to do them all away of yor owne head & to take satisfacc̃on to yor selfe: Wee must let you knowe wee allowe of no such sale nor of the Deliuery of any one Cowe by you farther then yor Instrucc̃ons do expressely warrant. 1

The remaining part of this letter and all of the letter following are in the handwriting of Nicholas Ferrar.

But aunswearable to this and the rest I ∥you∥ haue alsoe delte wth us for the Hydeℯ about wch its well knowne to yr selfe what trouble wee had wth the L: Admirall and ye Spanish Embassadour and how dearly they cost us and wee know how much it would haue imported us to haue had them sent by this shipp as well for ye reputation of our returne as alsoe for helping to defray the greate chardge of the voyadge notwthstanding they being fayrely demaunded of you it hath pleased you there to stay them in your owne Cu custody and to suffer the shipp to com hom wth other mens goodℯ and not once vouchsafing to mention the Hydeℯ in your generall Letter but in this manner That yu being made Admirall doe know how to dispose of unlawfull purchase and by this wee must understand the Hydℯ to bee yours as for the debts and wages wch you say yu haue payde for us wee marvell yu doe not sende us a noate of the perticulars for the our knowledge wee are not in yt kynde indebted to any man, yf there bee any such matter or yt you haue provided any stuff for the Colledg as yu writt yett yu must not imagine yt wee are soe insencible of reason as to suffer either of those to bee a cloake for yu to detayne our hydeℯ or to convey all away all our Catle and Corne either you must thinke highly of yr selfe or very meanely of us in yt being our substitute yu will pre- sume to offer us theese wrongs, and to suppose yu may doe what you list in such a publique cause wth out being called to accompt wee haue therefore determined of a course and wee haue written to the Lord Gouernour wch wee doubte ∥not∥ but his Lorp̃ will impart unto you and soe wee rest.

Your very louing freindℯ Thomas Smith.    Ihon Dauer. Lionell Cranfeild.    Ihon Wolstenholme. Robert Ihonson. [29] London 22 August 1618

Taken oute of the Coppy of a Letter sent to the Lord Delawarr by the William and Thomas The 23 of August 1618 touching C: Argoll

Wee are now enforced to write unto your Ldp: of important matter of another nature which is touching mr Samuell Argoll whom wee made Gouernour in your Lordps absence. Wee make noe doubte but hee hath deliuered the Gouerment wth an accompt of his doings into your Lõps hands. Wee haue received from him by the George a very straunge letter which together wth those Informations yt wee haue agaynst him by sundry Witnesses lately com̃ from thence doe importe more discontent to the Aduenturers heare & more hazard to the Plantation then euer did any other thing yt befell that Action from the beginning. His discontentℯ in yt wee subscribed our letter sent unto him wth few hands, our terming him to bee but Deputy Gouernour hee dis- dayning to bee Deputy to any man, our letters to bee deliuered unto him by soe meane a man as the Cape-merchaunt wth many such like wch wee pass ouer. And briefely 1

Written over "cheifely."

wee must complayne to your Lõp of his neglecting and trans- gressing our Commission and Instructions. First hee hath made away all the Kyne belonging to the Colony and taken satisfaction for them to himselfe wheras wee gaue him express chardge in his Instructions to preserue and nourish them to the Common use except some few which wee had disposed whereof wee writt him in perticular. He hath suffered passengers mariners and others wth out restraynte to shipp moast of the Tobacko and all the Sassa- fras for themselues which by order of Courte at certayne rates agreed uppon are appropriated to the Magazine—Hee armes himselfe and other wth uniust accusations agaynst us to ouerthrow the magazine. Without which wee know assuredly yt neither the Adventurers heare nor the Plantation there can long subsist. Hee hath gotten possession and keepes back our Hydℯ under pre- tence of being Admirall wch cost our ioynt stock well neare—400li—wth a greate deale of toyle and trouble before wee could obtayne them wth his obsti- nate refusall to deliver them hee hath doñ us soe greate displeasure at the returns of this ship as hee could not haue worked to haue doñ us a greater. Hee hath forbidden all trade and commerce wth the Indians but trades amongs[t] them wth the Summer Island Frigott and our men to his owne benefitt. Hee takes the auncient Collony men which should now bee free and our men from the Common Garden to sett them aboute his owne imployment and wth the Collonys stoare of Corne feeds his men hee proclayℯ noe man shall dare to buy any thing of Furr ∥of the Indians∥ but himself as yf the Plantation and ye people there were ordayned onely to serue his turne. Theese and to many like Errours of his are layde to his chardge for wch the Adventurers heare will noe ways bee satisfyd wth out his personall appearance to make his Aunsweare and they are hardly restrayned notwth standing the Kinges [farr of in?] progress from going to the Court to make there Complaynte and to procure his Mats commaund to fech him home and therefore wee pray yr Lordp for the avoyding of farther scandall and slaunder to the Gouerment of our Plantation yt you will cause him to bee shipped home in this ship the William and Thomas to satisfy the Adventurers by aunswearing such things as shall be layde to his chardge and for yt wee suppose there will bee found many misdemeanours of his for wch hee must make satisfaction to the Compagny wee pray your Lorpt to ceaze upon such goods of his as Tobacko and Furrs wherof it is reported hee hath gotten together a greate stoare to the Collonies preiudice and to sende them to us to bee in deposite till all matters bee satisfyd and yt yr Lop: would bee pleased to take back agayne thos Kyne and Bullocks wch by his unlawfull sale are dispersed heare and there and yt they may bee brought together agayne to the Collonies use and to such others of the Hundreds as the Generall Courte by yr Lopps consent did order and appoynt.

Your Lõps very assured to doe yu service Sr Thomas Smith Sr Ihon Dauers Sr Ihon Wolstenholme Robert Ihonson [30] London 23 of August 1618

After wch Sr Edwin Sandys appealed to the iudgement of the Court whither these charges against Captaine Argall had their originall from him or from other who are nowe reputed to be his best freindℯ True it twas that one thinge fell out in his yeare, namely the sendinge out of Captaine Argalls Shippe both victualled and manned from the Colony a rovinge to the West Indies whereof complainte beinge made from the Gouernor and Counsell in Virginia as of an Act that might worke their vtter ruine and extirpac̃on, he could do no lesse then giue notice thereof according to his oath to the Lords of his Mats priuy Counsell wherein he did nothing otherwise then by the direcc̃on of the Counsell and Companie and with as much moderac̃on as the cause could possiblie beare.

After wch deliberac̃on ∥declarac̃on∥ made by Sr Edwin Sandys it was generally pressed by the Companie, That whereas the last Quarter Court appointed a select Com̃ittee to call Captain Argall to an Account, for the losses wch the Companie and Colony haue sustayned by his mis- imployinge, and convertinge to his owne vse their Tenantℯ and Ser- vantℯ their Cattle and Corne and other goodℯ and yearely proffittℯ in the time of his gouerment to his owne excessiue gaine and lucre, and to the great deteriment of the Companie and almost distrucc̃on of the Plantac̃on: That for asmuch as the said Com̃ittee hath hetherto donn nothinge in that matter, they were earnestly entreated by this Court to proceed therein with all expedic̃on and diligence and to make report of their proceedingℯ to the next Court if it be possible or elℯ as soone after as they can with any conveniency that further order may be taken therein at the Quarter Court followinge.

It beinge moued to knowe the pleasure of the Court for sale of the Tobacco brought home in the George, in respect the marketℯ here were but bad for ventinge Tobacco except at a very lowe price: It was aduised (that vnlesse it could be sold for 4s p̱li) to forbeare the Sale both of the Companies Tobacco, and of the Magazine some fewe dayes longer vntill it might be knowne whither the intended Contract with his Matie did proceed or not.

A moc̃on beinge made for auditinge of mr Peirs Accountℯ and for decid- ing some differences between mr Leate and mr Morris Abbott about the Tobacco that mr Leate bought of the Companie for 2s 3d the pound The Court appointed

Iames Mootham passed one of his shares of land in Virginia wth allowance of the Auditors and approbac̃on of this Court.

ffrancis Carter passed ouer one share of land in Virginia vnto Thomas Waynwight Cittizen and ffishmonger of London beinge p̱cell of the later 40 shares assigned vnto him by the right Honoble the Lady Lawarr.

ffrancis Carter passed likewise two shares of the said number vnto Mr Robert Smith Citizen and Marchantaylor of London. [31]

This Court beinge purposely called to be made acquainted howe farr the Com̃ittee (appointed by the former Court) had proceeded in their Treaty with the right Honoble the Lord High Treasuror of England touching a Contract to be made with his Matie by the Virginia and the Sum̃er Ilandℯ Companies for the sole Importation of Tobacco, Sr Edwin Sandys beinge entreated by my Lo: of Southampton to make the relac̃on signified vnto the Court that aforesaid Com̃ittee after mature deliberac̃on had vpon the premisses thought fitt to offer to his lp: certaine Propositions touchinge this intended Contract. wch Propositions accordinge to his lps desire were sett downe in writinge and the same were nowe also read in Court beinge here ensuinge.

Propositions from the Compagny of Virginia and the Summer Islands offered to the Consideration of the Lord High Tresuror of England touching a Con- tract to bee made wth his Maty for ye sole Importation of Tobacko.

1.
• That the Compagny haue the sole 1

  The caption and preceding words of this document are in the autograph of Nicholas Ferrar.

  importac̃on of Tobacco into the Realmes of England and Ireland.
2.
• That his Matie by Proclamac̃on inhibite all others vnder paine of confiscac̃on of their Tobacco and his Mats high displeasure.
3.
• That likewise the plantinge of Tobacco in England and Ireland be forbid- den by the same proclamac̃on vnder a grieuous penalty.
4.
• In considerac̃on whereof as also for that the Companies shalbe discharged from all ∥any∥ other paymenteℯ due to his Matie or to any other persons by graunt from him exceptinge onely the auncient custome sett downe in ye printed booke of ratℯ (of 6d p̱li for roll Tobacco and 4d the for leafe) the Com- panies shall pay vnto his Matie ye proffitt of a full fourth part of all ye Tobacco that shalbe yearely imported and vented in either of these two Realmes duringe the said Contract and if the said fourth part shall not amount to the full value of 20000li by the yeare to his Matie aboue all charges and deducc̃on [32] in yt case the Companies shall make addic̃on out of their said Tobacco in such quantitie as to make vp the said 20000li prouided that the said addic̃on yealded vnto by ye Companies in case aforesaid do at no time exceed a full Third part of the entire yearely value of their said Tobacco.
5.
• And Touchinge the said Custome their desire is that his lp: would be pleased that it might be reduced vnto a certen Sum̃ beinge the mediũ of these seauen yeares last past, of wch som̃e the Companie to paye the ratable part to their proporc̃on of Tobacco and his Matie the like ratable part to his.
6.
• That the Tobacco to be brought in be consigned all into one hand vizt of such officers as the said Companies shall appointe, And the said Companies haue the sole managinge of the said sale of Tobacco yealdinge vnto his Matie a true and perfect Account thereof and payinge the proffitt wch shall growe due vnto his Matie vnto such as the Lo: Treasuror shall appointe to receaue the same.
7.
• That all charges aswell for the fraight and carriage as for all other thingℯ incident to the orderinge and Disposinge and sale of the said Tobacco be Defalked and allowed in ye said Accountℯ proporconably out of his Mats and out of the Companies partℯ.
8.
• That his lp: be pleased to take a strict course for the preventinge of all vndue bringing in of Tobacco by other meanes.
9.
• That his lp: be likewise pleased for the present to take order for the pre- uentinge of ye bringing in of any Spanish Tobacco more then the allowance already sett.
10.
• That all confiscac̃on and other penaltys vpon this Contract be diuided into three partℯ the one part to his Mats vse, the other to the Companies and the third to the Informer.
11.
• That this Contract begin at Mich̴as next and continue for seauen yeares.
12.
• That this graunt intended be for all other matters tendinge to this buis- sines drawne in most benificiall sort for ye Companies and for the aduancement of the Plantac̃on, his Mats proffitt as aforesaid reserued.
13.
• That if any confiscac̃on of Tobacco shall happen between this and Mich̴as next the same may be for the vses aforesaid wch if it cannot be granted that yet at least wise the Tobacco so confiscated may be sent out of the Realme to be sold elswhere and not to cloye these Kingdomes therewith wch would tend aswell to ye Dam̃age of his Maty as of ye Companies.
14.
• That ∥in∥ his Mats said Proclamac̃on there may be inserted a lymitac̃on of ye price of Tobacco aswell for the said Companies as for ye Retaylors so that the Companies shall sell no Tobacco at aboue 8s the pound nor the Retaylors at aboue 10s and so ratably for lesser quantities, single pipefulls of Tobacco onely excepted.
15.
• Lastly the Companies humbly beseech his lp: to be a meanes that his graceous Matie may be more truely informed of their present proceedings in this his Mats seruice for ye benifitt & aduancemt of these his royall Plantac̃ons hauinge found to their exceedinge great greife and discouragemt yt the malign- ers of them and their Acc̃ons, haue much preuayled against them by most vntrue suggestions, that so standinge right in his Mats fauor they may with more efect continue in their toylesome cares and endeauors for the setting forward of these noble works and in all other seruices that may be acceptable to his Matie.

In aunsweare wherevnto his lp: deliuered three exceptions taken against them.

The first was that the offer of a fourth part by the Companies with a conditionall addition might be altered into an absolute graunt of a third.

Secondly that there be no discharge of the Patent of garbelinge.

Thirdly that the Kinge might not be charged with any fraight.

Vnto wch seuerall exceptions the Committee had framed an Answeare and had also made an Addic̃on of certaine clauses assented vnto to be inserted in the Contract hauinge bin omitted in the first Propositions. wch Answr to the Exceptions and those other Additions were here like- wise read, and are these ensuinge. [33]

The Answeare of the Com̃ittees to certen exceptions taken on the Lord Treas- urors behalfe to the Proposicons of the Companies touchinge the sole Impor- tation of Tobacco.

First his lp: requires that the offer of a fourth part with some condi- conall addition be altered into an absolute graunt of a third parte.

The Com̃ittees make answeare that the Generalities of the Companies do con- ceaue the offer of a fourth part with the condic̃on of enlargement annexed, to haue haue bin so large, as that it would haue been accepted: Notwithstand- inge the Comittees will doe their best endeauors to drawe them by p̱swasion to yeald to this Demaund of a Third part, So that there be no further burdens laid vpon them: wch if there should be they think it not possible to bringe the Companies to yeald vnto it.

Secondly it is required by his lp that there be no discharge of the Patent of Garbellinge.

The Com̃ittees answeare that they are crediblie informed that the Patent for Garbellinge hath not hitherto taken effect vpon any man as beinge question- able, first whither Tobacco be garbellable at all, and secondly whither the proporc̃on of a groat vpon the pound be not excessive, consideringe that some Tobacco is daylie sold for litle aboue that value (all duties discharged) And in perticular for themselues the Companies alledge that by their precedent Letters Patentℯ graunted from his Matie they stand free and discharged from all Taxes besidℯ the Customes: Notwithstandinge the Com̃ittees conceaue, that if his lp: would be pleased, that in this Contract and Grant intended the Companies might be clearely dicharged from all clayme of that Patent: It would be a great inducement to the Companies to yeald to that third part desired: Whereas contrariwise if they should conceaue that besidℯ that Third part and the old custome expressed in the printed booke of Ratℯ (wch they yeald to paye for their two Thirdℯ) they shalbe also charged with this grote for garblinge it would amount in the whole to a full moytie of their goodℯ.

Thirdly his lp: doth not hold it reasonable that the Kinge should be charged with any fraight considering that his right to the third doth growe vpon the arriuall of the same within these his Kingdomes But his Lp: is well pleased that in all other charges after the said arriuall the Kinge beare his part accordinge to his proportion of a third.

The Comittees answeare that they will do their best endeauor to p̱swade the Companies to rest satisfied herewith.

Addition of certen clauses assented vnto to be inserted in the said Con- tract hauing bin omitted in the first Propositions.

That there be a Clause inserted for restraint of bringinge in Spanish Tobacco aboue 60000 waight.

That there be likewise inserted in the Contract a Graunt or Couenant from his Matie against the grauntinge of Licenses to Retaylors of Tobacco: But that the Sale thereof may remaine free as hitherto it hath donne.

The ratinge of the prices of Tobacco aswell for the Marchant as the Retayler, his lp: is pleased to leaue to be sett downe by the Companies vpon full debate of all reasons thereto incident.

Whereas they haue receaued from his lp: the mediũ of the quantity of Tobacco brought in these seauen last yeares endinge in Mich̴as i62i amountinge to 1420854/7.

The Com̃ittees desire that by a newe examinac̃on it may be more perticularly sett downe howe much thereof was roll Tobacco and howe much was leafe because of the different customers and that the whole may be reduced into a certaine Som̃e of money: of wch Some one Third to be paid by the Kinge and two Thirdℯ by the Companie and the Customers to make noe further demaund. [34]

Hee further signified that since that time the Comittee had receaued his Lps: pleasure vpon a newe Proposition vizt that for these two next yeares either the Companie should be bounde to bringe in 60000 waight of Spanish Tobacco or otherwise permitt 40000 waight to be brought in by some other.

wch newe Proposition appearinge verie greivous vnto the Com̃ittees, and such as did crosse their originall purpose, they made replye with eight reasons against it wch they also caused to be deliuered ∥in writ- inge∥ to his lp: being these ensuinge.

The Comittees haue lately reaueed his lp: pleasure vpon a newe Propo- sition not formerly mentioned vizt That for these two next yeares either the Companie should be bound to bringe in 60000 weight of Spanish Tobacco, or in case of their vnwillingnes to be thereto tyed they should be content that some other might bringe in 40000 weight of Tobacco: whereof his Matie to haue likewise the profitts of one Third.

The Com̃ittees make Answeare that they conceaue that the beare publishinge of this Proposic̃on would breed in both the Companies so great aversnes, that they would be vncapeable of that perswasion wch they nowe trust may pre- vayle to induce them to yeald to the former pointℯ in question.

The reasons which moue the Comittees to be of this opinion are these ensuinge.

1.

• They say that the example of bindinge men to bringe in any forraigne Comodities, whereof there is is sufficient growinge within the Kings owne Dominions will seeme verie strange, and such as they suppose hath not bin heard of in any part of the world.

2.

• They say that the former Patentees for the sole Importac̃on were free from this Bond.

3.

• They conceaue that this proporc̃on doth ouerthrowe the former Contract in the most materiall partℯ thereof, especially if it should be yealded that any other besidℯ the Companies should haue liberty to bringe in any Spanish Tobacco.

4.

• They leaue it to his L̃ps: graue considerac̃on whither the forbiddinge to plant Tobacco in England: and the com̃aundinge thereof to be brought in from a forraigne Country, beinge conceaued to haue bin a chiefe cause of the want of money in this Realme would not be greivous to the English Subiect, and greatly preiudiciall to the Patentees in their reputac̃on.

They saye that the proporc̃on menc̃oned in the Proposition of 60000 waight seemeth verie excessiue, and more then was brought in, in diuers of the said seauen yeares, when there was no restrainte at all for bringinge in of Spanish Tobacco.

They conceaue that this Proposition may in effect clearely crosse the two mayne ends proposed to this Contract, namely the proffitt of his Matie and the benifitt of the Plantations: seeinge that it is generally knowne and confessed, that there hath bin in these later yeares as much Tobacco vnduely brought in without payinge of Custome, as that wch hath bin orderly brought in by the Marchant wch if it hath heretofore bin 12d out of the Kings waye will nowe vpon this Contract ∥will∥ be neare ten times as much, and the onely waye to auoyde that fraude and mischiefe, is the certaine discerning of the seuerall kindℯ of Tobacco, wherein there can be no errorr: Whereas contrariwise vnder the coulor of Spanish Tobacco, it wilbe vnpossible to avoide the stealinge in of ten times as much, whereof the former Patentees haue had deare experi- ence, So that if his Matie should gaine by that Proposition some thousand of poundℯ one way, he should ruñ hazard of loosinge twice as much by wrong- inge the great Contract, and this reason is of like force touchinge the benifitt of the Plantacons wch together with his Mats proffitt must stand and fall growe and diminish. [35]

They saye that the bringinge in of so great proporc̃on of the best Spanish Tobacco must abase vtterly the price of the Tobacco of both the Plantations whereby the disproffitt aswell to his Matie as the Companie may proue greater then the benifitt conceaued by this newe Proposition.

And touchinge the Plantations, it appeareth most manifestly by the experience of this yeare that the bringinge in of that quantitie of 60000 waight hath kept downe the Virginia and Sum̃er Ilands Tobacco at the same rate as formerly: So that by the admittinge of this Proposition the Plantations should depart with one Third of their Tobacco without any retribuc̃on in the price as was at first proposed.

Lastly the Committees saye that beinge left at liberty accordinge to the former Propositions if they shall finde hereafter by reason or experience that the bringinge in some Spanish Tobacco may proue a matter of benifitt to the Kinge and Companie they shall haue great reason to apply themselues there- vnto within the lymittℯ prescribed and with better caution then could be obserued if they should admitt of any Partners.

Howbeit it beinge afterward made euident vnto them and therevpon much vrged that the bringinge in of Spanish Tobacco for a certaine time was of that importance as might not be omitted.

Herevpon the Com̃ittee takinge into ∥their∥ serious considerac̃on howe avayleable it wilbe vnto both the Plantations that his Mats proffitt goe hand in hand with the Companies, and on the other side considering that if this Contract did not proceed a worse accident might befall, they applyed their endeauors to the best of their vnderstandinge to sett downe some meanes so to qualifie the said newe Proposition, as might be least preiudiciall to the Plantac̃ons: wch thought fitt to restraine to these three lymitac̃ons: ffirst that the Couenant for bring- inge in of Spanish Tobacco be lymitted to two yeares and no longer: Secondly that the quantitie be reduced to these proporc̃ons, namely not to exceed 60000 waight nor to be lesse then 40000: Thirdly that it be with this condic̃on that the Spanyardℯ do not raise the custome or other burdens vpon it or the present price that nowe it is sold for at in Spaine and that the markettℯ of Tobacco in Spayne be in all respectscripte; as free as formerly they haue bin; or otherwise the said Cou- enant for bringinge of Spanish Tobacco to to be void and discharged.

Hee also signified that in reguard this newe Proposition had appear- ance of damage and danger both to the Companies and Plantations, they therefore thought fitt to extend the whole Contract but to three yeares in certaine and afterwards for fower yeares more, yet so as the Companies to be at liberty to dissolue this Contract vpon a yeares warninge giuen either at the end of the second yeare or any yeare after.

All wch Proceedingℯ of the Com̃ittees beinge thus related and read and the Court duely waighinge them, acknowledged the Com̃ittee had proceeded herein with as much care wisdome and circumspection as possibly they could desire and themselues much bound to the honoble Lords and others the Com̃ittee for the extraordinary paynes they had taken in this buissines.

And because it appeared there were nowe some thingℯ propounded wch the Company neuer heard before as namely the bringinge in of a certaine quantity of Spanish Tobacco and the yealdinge of a Third part thereof to the Kinge, they desired time till the next Court to consider thereof as also of the best meanes of preventinge the stealinge of any more then the proporc̃on lymited, if that of necessity must be yealded vnto. [36]

My Lord of Southampton signified vnto the Companie that he held it fitt accordinge to their vsuall manner (before they did proceed to a newe matter) to read that wch had bin formerly donne. And because there had happened a mettinge of the Court on the 19th of Iune between the last Court and a Court held the fift of the same Moneth, wherein the buissines nowe in hand was first proposed:

It was therefore agreed that the said middle Court held on the 19th of Iune wherein other matters were treated of (and not this Contract intended) should be put of to be read on Wedensday beinge the next Quarter Court and the rather because in that Court of the 19th of Iune are many waightie matters wch highly concerned the Company, and most fitt for the knowledge of that great Quarter Court touchinge the said Contract wch two Courtℯ beinge read together, with the whole proceedingℯ of ye Com̃ittee touchinge the said Contract to be made with his Matie by the Companies for Virginia and the Sum̃er Ilands for the sole Importac̃on of Tobacco: After some pause therevpon Sr Edwin Sandys who had bin desired to make report of the whole pro- ceedingℯ, tooke occasion to acquaint the Companie that the Com̃ittee havinge receaued a newe Proposic̃on from the Lo: Treasuror for the bringinge in of 60000 waight of Spanish Tobacco, or otherwise to permitt 40000 waight to be brought in by some other, they had opposed it with the eight reasons wch were read against it, but there appearinge vnto them a necessity of yealdinge therevnto or other- wise [37] to breake the bargaine §in hand§ with the Kinge: The Comittee laboured in this extreamity to qualifie the said Proposition by restrayninge it to the three lymitac̃ons wch they had heard likewise read: And lastly they thought fitt that forasmuch as this newe Proposic̃on had appearance of damage and danger both to the Com- panies and the Plantac̃ons they thought meete to lymitt the whole Contract to three yeares in certaine, and afterwardℯ for fower yeares more, yet so as the Companies §to§ be at liberty to dissolue this Con- tract vpon a yeares warninge giuen, at the end either of the second yeare, or any yeare after, wch lymitac̃on though it had not yet bin imparted to my Lo: Treasuror, yet the party appointed to treat with them herein, made no great doubt but that it might be graunted.

But touchinge the Patent of Garbellinge, wch the Com̃ittee desired to be discharged of, The Lo: Treasuror said it was out of his power to recall what his Matie had alreadie graunted vnder his great Seale to certaine priuate gentlemen: wth whome notwithstandinge he made no question they might compound vpon reasonable condic̃ons, or otherwise they had liberty to stand vpon the alledged priuiledge of their Patent and benifitt of the com̃on lawe (if they conceaued that might help them) for his lp: herevpon verie noblie professed he did vrge this present Contract no further, then as it might well stand with the future good of §both§ the Plantations.

Whervpon the matter beinge taken into debate by the Companies, Some conceaued, that as it would be greivous vnto the Aduenturers so would it be vnto the Planters in Virginia, nor could it well stand with the safety of the Plantation, if the Planters vpon halfe proffittℯ be forced to paye also a third part of their Tobacco to the Kinge: But it was answeared by reason they were to paye the Kinge in the Specie of Tobacco and not in money and for all other duties to paye only the mediũ of the Custome (if they might therewithall be discharged of the matter of Garbellinge) it was verie probable (the buissines beinge duly managed) they should not be in worse case then they were before: Wherevpon some moued that the contract with his Matie might be condic̃onall with proffer of a fourth part for the present vntill they might be eased of their Couenant for bringinge in Spanish Tobacco and also quitt of the said Patent of Garbellinge: And others moued that a Clause in this Contract might be inserted to free them from it, but it was answeared that a Precedent Patent could not be infringed by any after Graunt nor was it held fitt so much as to ques- tion the p̢uiledge of their owne Patent wch was sufficient against it.

After wch debate with some other allegac̃ons tendinge to impugne the said Contract, and the Lordℯ that were present desired that the buis- sines might be proceeded within an orderly fashion, and brought one waye or other to a certaine Conclusion and resoluc̃on; Sr Edwin Sandys herevpon moued that for a more orderly proceedinge herein, the whole bussines might be reduced to certaine heades, and that each of those heades might be throughly debated of, and the Court to passe their iudgement seuerally vpon each, and [38] finally in con- clusion vpon the whole bargaine of the Contract: And he said that he had obserued in the reasons and Allegac̃ons, wch had bin hetherto made, that some of them did directly impugne the Contract or some branch thereof, and some other did moue questions onely of certaine difficulties that seemed to depend vpon the orderinge and managinge of this buissines, wch difficulties seemed not to be of that importance as to disharten men from it if the Contract it selfe were asented vnto: And therefore to proceed with the Contract it selfe, he first acquainted the Companie that this matter of contractinge for the sole Importation of Tobacco ∥had∥ moued originally from an offer made for the same, by the then Gouernor and Deputy of the Com- panie for the Sum̃er Ilands who had bin also Treasuror and Deputy for this Company as was openly deliuered at the Counsell Bourd in presence of himselfe and many others of the Companie nowe in Court Wherevpon it was conceaued by reason of the quality of the persons the offer had moued from the two Companies; wch at the same time was absolutely denied and disavowed by the Members of both Com- panies then attendinge their ɫps. But the first mouer of this Contract for the sole Importac̃on cominge to no higher an offer then of 10000li Rent by the yeare, It was vndertaken by others, namely Sr Thomas Roe and his Associatℯ at a much greater rent, who for the raisinge thereof, besides their Patent of Contract for sole Importac̃on procured also a Proclamation from his Matie, straightly inhibitinge all others to bringe in any Tobacco into this Realme without the Patentees license, wch was the cause of the Companies then attendinge their ɫps. Where- vpon a graceous Referrence from his Matie they obtained liberty not- withstanding the said Proclamation to bringe in 55000 wtt from the two plantations whereof the Companie for Virginia did bestowe their whole part vpon the other Companie, Sr Thomas Roes yeare beinge ended, the same Contract hath bin vndertaken this yeare by mr Iacobe, though not at the same rent who contrariwise hath procured (as he hath bin informed,) a com̃aundment to the Companie to bringe in all their Tobacco, wch it seemed was to the no greater content of the Com- panies, then the first restrainte from bringinge in any at all without lycense: These troubles as they all knewe had befalne the Company by reason of those Contractℯ for sole Importac̃on, and that not longe after in thankefullnes to his Matie for prohibitinge the plantinge of Tobacco in this Realme (wch was donne without any suite from the Companies) The Companie of Virginia had yealded for 5 yeares to double their custome.

But the Lord Treasuror herevpon obseruinge what greiuous molesta- c̃ons the Companies haue sustained from time to time in their pro- ceedings by reason the said Contract was managed by others, did therefore nowe make offer thereof, to the Companies, that if they so liked, and should finde it to be for the good of their said Companies and the Plantations they might nowe contract with his Matie for the sole Importac̃on of all Tobacco whatsoeuer: So that it was nowe to be considered whither they thinke it more fitt for them then any other to entertaine this Contract with his Matie wch he said was the first pointe to be resolued on in this bussines.

After longe pause and much dispute, it was desired at length it might be put to the question wch was proposed in this manner. [39]

Whither the Companies of Virginia and Sum̃er Ilands thought fitt to entertaine this contract with his Matie for the sole Importac̃on of Tobacco vpon such condic̃ons as should be agreed on or suffer the same to be entertayned againe by some other: Herevnto the Court generally signified their wilingnes and consent to entertaine the said Bargaine.

The second question proposed by Sr Edwin Sandys to be considered of, was at what rate this Contract should be concluded vpon, there hauing bin a fourth part of the Tobacco offered to his Matie wch would not be accepted.

In declarac̃on whereof Sr Edwin Sandys further signified, that my lo: Treasurors speach was that seeinge his Matie proffitt was to be raised onely by Sale of Tobacco and not in certainty of money, he was so to prouide, That the Kinge his Mr were noe looser by this bargaine: to prevent wch hee hauinge duely calculated the medium of Tobacco that haue bin brought in the last seauen yeares and considered of all circumstances incident herevnto, he said he could demaund no lesse then a Third part of the Tobacco for his Matie.

Sr Edwin Sandys further signified that the Comittee entringe into considerac̃on of this pointe founde by the ratℯ that the Tobacco is nowe sold at that they paid alreadie litle lesse then a Third parte, all chargℯ considered. As for the custome insisted vpon for the Kinge, It was presumed the price of Tobacco would heareby be so much aduanced as would giue the Companie a convenient retribuc̃on.

The Com̃ittee further informed the Companie that my Lo: Treasuror said that if the Companie shall at any time desire to transporte the Tobacco wch they cannot vent here at home into any forraigne partℯ it shalbe free alwayes from Custome.

It was further intimated, that it was intended that the Kingℯ part of the Tobacco and the Companies shalbe sold together and not deuided till the moneys therevpon be raised.

As for the intricacy wch was supposed would happen in the sale thereof, in reguard of the different goodnes of the Tobacco (whereby it was conceaued men would be the more willinge careles in the makinge and curinge thereof, if once they vnderstand it shalbe sold confusedly together) Answeare was made it should be sorted and valued accord- inge to the goodnes: Wherevpon it being agreed to put it to the question whither the Companies did not thinke it better to contract for the sole Importac̃on and sale of Tobacco and yeald a full third part thereof to the Kinge ouer and aboue their partℯ of auncient custome rather then breake the bargaine with his Matie The whole Court did generally agree to giue a Third. [40]

The third question offered to their considerac̃on by Sr Edwin Sandys was touchinge the newe Proposition of bringinge in a quantitie of Spanish Tobacco, against wch Sr Edwin Sandys signified the eight reasons lately read were opposed beinge conceaued it would in effect cleare crosse the two mayne endes proposed to this Contract namely his Mats proffitt and the benifitt of the Plantations But his Iop return- inge answeare that this was a matter of so great importance and con- sequence as could not be dispenced with, The Comittees herevpon did endeauor to qualifie it with such limitac̃ons as had bin before recited from wch as they had bin also since informed his lp: did not dissent.

This pointe beinge a longe time debated by the Companie, a question was moued whither in case the 40000 wtt proposed beinge transported into any other forraigne partℯ and not into England would be allowed the Kinge havinge his Third duely paid him.

It was conceaued it must first be imported otherwise it would not sat- isfie, but yet if then it could not be here vented there was noe doubt, but they might freely export it to the best Markettℯ, Some were also of opinion that the Kinge would gaine but litle by the bringinge in of Spanish Tobacco, in reguard so much the more of the Companies Tobacco must be transported elswhere for want of Sale, At length at the request of the Companie it was put to the question; namely whither the Companies did not thinke it best for them to vndergoe this condic̃on of bringinge in yearely 40000 wtt of Spanish Tobacco for the two next yeares onely with those other qualificac̃ons, wch had bin formerly read rather then to breake the Contract intended with the Kinge: The Court did generally declare themselues willing to vnder- take it: Prouided that casuality at Sea be excepted, and those other condic̃ons graunted that haue bin alledged.

The next question offered by Sr Edwin Sandys to their considerac̃on, touchinge the addic̃on of charges, namely the matter of Garbellinge and fraight: Touchinge the first it was alledged by some of the Com- panie, that it appeared the Companies had two stringℯ to their Bowe, namely the benifitt of the com̃on Lawe, and the power of the Kings Letters Patents formerly graunted to them.

It was also informed by other of the Company that this Patent of Garbelling beinge questioned by the lower howse at the last meetinge of Parliament was adiudged by all the Lawyers of that howse to be a greiuance both in the Creation and (if euer it proceeded so farr) much worse in the execuc̃on.

Wherevpon it beinge put to the question whither the Companies thought it not fitt to proceed in this Contract and leaue the matter of Garbelling in the State it is rather then otherwise to desist: The Court generally agreed to leaue it so, and to insist vpon the validity of their owne Patent and the benifitt of the com̃on lawe if need be. [41]

The last question where it was alledged by Sr Edwin Sandys that the Lo Treasuror consented that the Kinge should beare his Third parte of all other charges after the arriuall of the Tobacco here, at wch time his interest vnto that Third did begin, but not to looke backe to any charges preceedent.

This pointe beinge throughly debated and with much opposic̃on, The Companie at length desired it might be put to the question: wch was proposed after this manner: Whither they thought it not better to paye the whole fraight of the Tobacco, That is to Saye, aswell for the Kings Third part as their owne, rather then to breake the bargaine with his Matie: the Company by plurality of voices consented to paye the whole fraight.

Sr Edwin Sandys likewise moued that for auoydinge difference or questions that might arise on the Kingℯ part about the appointinge of Officers and allowances for their Salaries and for other charges about this buissines, that it might be added to the rest of the Articles, that the Companie may haue power to choose their said Officers, and that their Salaries and all other charges be rated and sett downe by them in their generall Courtℯ and that vpon their Account the entire charges be defalked and allowed.

These buissinesses beinge thus ordered the last thinge taken into con- siderac̃on was the reducinge of the whole Contract by writinge into Articles to be presented to the Lord Treasuror the next daye, wch Articles beinge assented vnto by his lp: are to be offered to the iudge- ment of the Quarter Court held on Wednesday next to be finally con- cluded and confirmed.

Wherevpon the Court entreated Sr Edwin Sandys to take the paines to drawe vp the said Articles, and beinge perfected the Court humbly entreated the Ea: of Southampton together with Sr Edwin Sandys to repaire to the Lord Treasuror some time to morrowe about the premisses.

A moc̃on was made for diuers Patentℯ to be made readie against the Quarter Court, for wch order was giuen for the drawinge of them: And further ordered that the Patentℯ and some other buissinesses should be read and ordered by the morningℯ Court that daye. [42]

The Court gaue order that a Receipt should be sealed for 47li 16s wch the gentlemen and marriners had giuen to the East India Companie to be imployed in layinge the foundac̃on of a Church in Virginia.

The Court thought fitt to make Capt: Martin Prin (the Captaine of the Royall Iames) a freeman of the Companie and to giue him two shares of land in reguard of the large contribuc̃on wch the gentlemen and Marriners of that Shippe had giuen towardℯ good workℯ in Vir- ginia whereof he was an especiall furtherer.

The Court thought fitt likewise to make mr Thomas Kerridge, (the Com̃aunder of the East India ffleet that last came home) a freeman and to giue him two shares of land in the same reguard.

The Court vnderstandinge that mr Robert Carles beinge a man that had liued Twenty yeares in the West Indies and 16: yeares in the East Indies beinge likewise verie skillfull in orderinge curinge and plantinge of Rice Cotten-woole Sugar-Canes, Indico, Cassado, Rootℯ, &c, of some whereof he had written a Treatise and besidℯ was in part determined to goe himselfe to Virginia: It was thought fitt to bestowe on him one share of land, old Aduenture and to make him a ffreeman.

The Court thought fitt also to make mr Swayne (Mr of the Hart that last came ∥home∥ from the East Indies) a freeman and to giue him one share of land.

The Court thought fitt likewise to make mr Sam: Seaward (of Oxford Bachelor of Diuinity) a ffreeman, he in the rehersall sermon havinge manifested a great zeale to the Plantation.

The Court likewise thought fitt to make mr Launce a ffreeman vnder- standing that he was a continuall remembrancer of the Plantation in his Prayers. [43]

The Court thought fitt to bestowe a freedome vpon mr Pemberton a Minister of Godℯ word, intendinge forthwith to goe to Virginia and there to imploye himselfe for the convertinge of the Infidellℯ.

Mrs Mary Tue Daughter of Hugh Crouch beinge the heire and Execu- trix of Leiutenant ∥Richard∥ Crouch did sett and assigne ouer in this Court i50 Acres of land, wch he said Leiutenant Crouch did bequeath vnto her by the name of Mary Younge his Sister, wch land was for three Servantℯ p̱sonall Aduentures, and lyes at Newports Newes, the said land Shee assigned ouer to mr Daniell Gookin.

The said Mary Tue likewise assigned 100: acres of land wch lies in Diggs his Hundred to Samuell Iordan of Charles Hundred gentleman.

There was read a Grant of 18 Shares of land of old Aduenture to Capt Dan: Tucker, for three whereof he paid in ready money §after§ 12li 10s the other fifteen were giuen him for his good seruice by an order of a Quarter Court.

These Patents followinge were read and compared and found to be right and therefore recomended them to the Afternoones Court for confirmac̃on.

The Lady Berkley
mr Tho: Addison
mr Edw: Iohnson	Aduenturers
mr Edw: Palmer
mr Wm ffelgate
mr Fran: Pecke &c

mr Iohn Harvy
mr Iohn Pemberton
mr Wm Rowsly	Planters
mr Dan: Gookin
mr Chris: Hillary

The Court thought fitt to giue the Companies Seale to mr Clarke for the two shares bestowed vpon him but not a Patent except he will couenant to carry some persons.

The Court haue likewise thought fitt that mr Pountice formerly ap- pointed Vice admirall in Virginia haue 6 of the said Children sent him this yeare to be placed vpon the Landes belonginge to his said office and 6: the next yeare.

The placeinge and entertainement of mr Copland in Virginia being referred by the former Court to the considerac̃on of a Com̃ittee they hauinge accordingly aduised about it did nowe make report of what they had donne therein as followeth (vizt).

1
• ffirst they thought fitt that he be made Rector of the intended Col- ledge in Virginia for the conversion of the Infidellℯ and to haue the pastorall charge of the Colledge Tenantℯ about him.
2
• In reguard of his Rectorshippe to haue the Tenth part of the proffittℯ due to the Colledge out of their landℯ and arisinge from the labors of their Tenantℯ.
3
• In reguard of his pastorall charge to haue a personage there erected, according to their generall order for parsonages.

And for that it was nowe further moued that he might be admitted of the Counsell there, it was referred to the former Com̃ittee to consider thereof and of some other thingℯ propounded for his better accom̃o- dac̃on there.

Vpon moc̃on that the Virginia Companie would please to make the Right Honoble the Lo: Marquesse Hamilton free of this Companie and of the Counsell in reguard of his Noble affecc̃on to this Planta- c̃on; The Court most gladly assented therevnto.

Vpon the like moc̃on in the behalfe of Sr Edward Barkham the Lo: Mayor of this Cittie and mr Henage ffinch Recorder, in reguard of their well wishinge to this Plantac̃on and readines to doe the Com- panie seruice this Court haue made them free ∥and∥ of the Counsell.

The like fauor in reguard of their worthines the Court hath af- foorded to these followinge. vizt

• Sr Edw: Conway.
• Sr Tho: Couentry his Mats Atturny Generall.
• Sr Hen: Mildmay mr of the Iewell howse.
• Dor Io: Duñ Deane of Paules.

The Court haue agreed to recom̃end mr Hopkins Minister vnto the Gouernor of Virginia in respect of that good comendac̃on that mr Edw: Allen hath giuen of him beinge desirous to goe and ∥ouer∥ at his owne charge.

Two Billℯ of Aduenture vnder the Companies Seale were presented to the Court, wch were not acknowledged in the Printed Booke, the one of mr Robert Strutt for 50li the other of Iohn Strutt for 25li both their names beinge lefte out of the said Booke. [45]

The like omission is found of mr Iohn Iolles whose Aduenture was 25li.

ffrancis Carter passed ouer 16 shares of land in Virginia to mr Edward Palmer of the Middle Temple London esquire with allowance of the Auditors and Approbac̃on of this Court: the said Shares beinge par- cell of the later 40 Shares assigned vnto him from the Right Honoble the Lady D'Lawarre.

Hee passed also one share of land more of the said parcell of Shares vnto mr Edw: Butler gent̃.

After the readinge of the Quarter Court in May last there was read the Court of the 19th of Iune followinge beinge put of till this Court to be read, wherein amonge other thingℯ of note were read diuers petic̃ons that had bin preferred to his Matie against the Virginia Companie, as namely that of Capt: Martin wherein he complayned that the Virginia Company denyed him the fruic̃on of those priui- ledges they had graunted vnto him in his Patent: Vnto wch complaint [46] the Companie had formerly made their Answeare by writing: The second petic̃on was by Capt: Martin and Capt: Hazell together, who intituled his Matie to a large parte of Virginia contayninge 80 miles in circuite sett out by Sr Thomas Dale as the Kings fforrest wherevnto the Company had also giuen their Answeare to Sr Christo: Perkins (vnto whome his Matie had referred these petic̃ons) as like- wise had answeared two other petic̃ons in the name of one Dixon and Wm Kempe: Also another Petic̃on was exhibited by Captaine Baylie in the name of Captaine Som̃ers wherein he had entituled the Kinge to the Sumer Ilands and to 12000li of Ambergreece wherevnto they had likewise made their Answeare, as may appeare by the said Court.

After this vpon occasion of a petic̃on exhibited to the said Court by Elizabeth Smalley Widdowe for deliuery of a fower oxen shee pre- tendℯ vnto, in Virginia, There was related the proceedingℯ of the said Widdowe Smalley against Captaine Argall and the cause of her Retractac̃on of what shee had formerly complained of to the Kinge in her petic̃on against him, confessinge freely that the said Capt Argall caused that Retractac̃on to be made at the Dors Commons refusinge to sett ouer her Husbands Executorshippe vnto her vntill Shee had first sett her hand and Seale to that writinge: The matter whereof (shee said) Shee did not well vnderstand; Contrariwise shee iustified her former complaint made to the Kinge against Captaine Argall, protestinge shee was by noe other meanes moued therevnto but by the wrongℯ he had donn her and that the petic̃on was drawne by a freind of hers at her request dwellinge in Tower streete.

Herevpon Sr Edwin Sandys tooke occasion to declare howe vnworth- ily Captaine Argall had conceaued a suspic̃on against him as well touching the said Widdowe Smalley (as if he had incited her to this complaint against him,) as also touchinge some former proceedingℯ held against the said Capt: Argall for depredac̃on of the Colony in the time of his beinge Deputy Gouernor. Whereas Sr Edwin Sandys declared that at the time of his cominge to be Treasuror he founde the same complaintℯ made against Captaine Argall by Sr Tho: Smith and Alderman Iohnson then Treasuror and Deputy as may appeare by their Letters sent to the Lord De: Lawarr and Captaine Argall him- selfe charging him perticularly with these thingℯ wch Letters were read and entred in the said Court, whereby Sr Edwin Sandys said when he came to be Treasurer he was ∥tyed∥ both by the Duty of his place and vpon ∥by vpon∥ his oath to bringe those matters to some heade wherewith Captaine Argall stood ∥stil∥ charged: In wch pro- ceedingℯ he said he had donn nothinge but by the Counsellℯ direcc̃on and aduise.

Hee further also signified that true it was that one thinge fell out in his yeare of beinge Treasuror namely the sendinge out of Captaine Argalls Shippe both victualled and manned from the Colony into the West Indies whereof complaint beinge made from the Gouernor and Counsell in Virginia as of an Act that might worke their vtter [47] extirpac̃on, he could no lesse then giue notice thereof accordinge to his oath to the Lords of his Mats Priuy Counsell, wherein he did nothinge otherwise then by the direcc̃on of the Gouernor and Counsell and with as much moderac̃on as the cause could possibly beare.

After wch declarac̃on it was generally pressed by the Company that the Com̃ittees appointed to call Capt: Argall to Account for the great losses wch both the Companie and Colony had sustained (seeinge they had as yet donn nothinge therein,) they would nowe proceed in that buissines with all expidic̃on and dilligence that vpon their report some further course may be taken therein at the next Quarter Court. After this narrac̃on two other Courtℯ were read the one of the fift of Iune, the other of the first of Iuly followinge beinge the Præparatiue Court, both wch contained a full declarac̃on of the proceedingℯ of the Com̃ittees chosen out of the Virginia and the Sum̃er llands Company touchinge the Contract to be made with his Matie by the said Com- panies for the sole Importac̃on of Tobacco nowe offered vnto them by the Lord High Treasuror of England, concerninge wch the said Com̃ittees havinge consulted longe abourt it, after mature deliberac̃on had therevpon, offered vnto the considerac̃on of the Lord Treasuror certaine Propositions wch are entred verbatim in the said Court In Answeare wherevnto his lp: deliuered three exceptions vnto wch the Com̃ittees had also made replie with an addic̃on of certaine Clauses agreed vnto to be inserted in the Contract, havinge bin om̃itted in the first Propositions: After this a newe Proposition came from his lp: concerninge the bringinge in of §60000: wtt of§ Spanish Tobacco or otherwise to p̱mitt 40000 waight to be brought in by some other: wch Proposic̃on for somuch as it seemed to repugne the mayne endes of their first intenc̃on they opposed it with eight reasons: Howbeit it beinge afterward made knowne vnto the said Com̃ittees that the bring- inge in of Spanish Tobacco for a certaine time, was of that importance as might not be om̃itted The Com̃ittee therevpon applied their endeauors to the best of their vnderstandingℯ to sett downe some meanes of qualificac̃on of the said newe Proposition so as it might be least preiudiciall to the Plantations: Wherevpon they thought fitt to restraine it to three lymitac̃ons namely that the Couenant of bring- inge in Spanish Tobacco might be lymited to two yeares and no longer, Secondly that they would be bounde to bringe in no more then 40000wtt of Spanish Tobacco:

Thirdly that it be with this Prouiso that the Spanyards raise not the prices nor the custome, nor laye other burdens vpon it, and that the markettℯ in Spayne be open and free as formerly they haue bin.

And in reguard of the appearance of Damadge and danger that might ensue to the Plantations by this newe Proposition the Com̃ittees thought fitt likewise, that the whole Contract should be extended, but to three yeares in certaine, and afterward for fower yeares more, Yet so, as the Companies to be at liberty to dissolue the Contract vpon a yeares warninge giuen at the end of the second yeare or any yeare after, All wch proceedings are at large related in the said Court of the 29th of Iune last. [48]

It was also signified that this buissines was againe propunded and debated in the Præparatiue Court, and after all reasons fully heard and discussed each of the former Propositions was againe seuerally put to the question and by a generall consent of that Court approued as may appeare; At wch time the Court entreated Sr Edwin Sandys to reduce the whole Contract by writinge into Articles and to offer the same to my Lo: Treasuror, wch beinge assented vnto might afterward be referred to the iudgement of this great and generall Quarter Court to be finally concluded and confirmed.

Herevpon Sr Edwin Sandys tooke occasion to signifie that accordinge to the request of the former Court, he had drawne vp the said Articles, and after he had donne, not trustinge to his owne iudgement therein had imparted them to the Deputies of both the Companies, whoe approvinge thereof, he after deliuered them to the Lord Treasuror who havinge pervsed them tooke fower exceptions against them, the first was to these words of the fourth Article namely against the offer of a Third part of the Tobacco imported and vented whereas his lp: required a Third of all the Tobacco, ∥brought out of Virginia∥ And said further that his Mats right and propriety to a Third did growe vpon the first arriuall of the Tobacco here the second exception was vnto the shortnes of the time lymited ∥for the bringing in of Spanish Tobacco∥ beinge but for two yeares only wch his lp: thought too litle and therefore desired it might be enlarged to three yeares at least The Third exception was to the restrayninge of the Contract from seauen yeares to three yeares in certaine: The 4th exception was against the medium of the Custome of Ireland wch could not be graunted because the medium thereof was not as yet certainely knowne: Lastly his lp: aduised the Companie not to stand vpon their priuiledge against the Patent of Garbellinge, but to compound with the Patentees whome his lp: presumed they should finde verie rea- sonable.

But Sr Edwin Sandys signified that the Lord Treasuror had since sent a more fauourable Answeare vnto the Companie touching the same exceptions, for being informed that the Tobacco in Virginia had three seuerall proprietors, as first the Tobacco belonginge to the Companie, Secondly the Tobacco belonginge to perticular Societies and Planta- c̃ons, Thirdly the Tobacco belonginge to priuate men, (acquired either by purchase or by their p̱sonall Aduenture) the Companie ouer the two later sortℯ had no power to prohibite or authority to com̃and them to bringe their Tobacco hither, but were free and at liberty by their lawes and grauntℯ to carry their Com̃odities to what markettℯ they please. Wherevpon Sr Edwin Sandys said that the Lord Treasuror desisted from this first Proposition, and did nowe require no more Tobacco to be brought in, then the Companies shall thinke fitt: but of that wch shalbe brought in the required a Third for the Kinge, and further desired that the worde Vented might be lefte out of that clause: Secondly whereas his lp: desired the two yeares of bringinge in Spanish Tobacco might be enlarged to three yeares: His lp: was contented, it should passe for two yeares onely if the Company stooke much at it; But desired that a Com̃ittee might be appointed [49] to consider what sortℯ of Spanish Tobacco should be brought in: Thirdly whereas it was desired the Contract might continue for seauen yeares in certen, his lp: was pleased to put it to the Companies choise, either to hold this farme for seauen yeares or otherwise that it might be free aswell for his Matie as for the Companie to dissolue the bargaine at the three yeares end:

Touchinge the fourth exception against the medium of the Irish Cus- tome, it was conceaued, the reason formerly alledged would giue the Companie satisfacc̃on.

After this the Court entred into a serious considerac̃on and examina- c̃on of the premisses and havinge duely pondered all the reasons and circumstances that were both nowe and formerly deliuered and fully debated vpon, did at length desire that they might seuerally be put to the question wch accordingly was donn after this manner vizt.

ffirst whither the Companie did thinke fitt to yeald to the Lord Treas- urors Proposition by grauntinge a Third part of all the Tobacco they should thinke fitt to bringe in and to leaue out the word vented The Court generally agreed to yeald a Third and ∥to∥ leaue out the word vented as the Lord Treasuror desired.

Secondly it beinge put to the question whither the Companie would enlarge the two yeares to Three for bringinge in of Spanish Tobacco according to the Lord Treasurors Proposition, The Court by no meanes would yeald therevnto, but generally insisted vpon 2 yeares and no longer.

Thirdly it was put to the question whither the Companie would ap- point a Com̃ittee to consider what sortℯ of Spanish Tobacco should be imported accordinge to the Lo: Treasurors desire; the Court generally agreed therevnto.

ffourthly whereas the bringinge in of Spanish Tobacco is vpon con- dic̃on that the Spanyards enhaunce not the price thereof vpon the Grant of the Contract (knowinge the certaine quantitie that must be brought in by the Companies), My Lord Treasuror desired it might be so farr explained and intended that the Spanyards do not herevpon purposely and by practise endeauor to enhaunce the price of their Tobacco, wch explanac̃on the Court agreed should be made of the wordes touchinge that Clause.

ffiftly it was put to the question whither the Companie would be tyed in this Contract for seauen yeares ∥or only three yeares∥ in certen, and then his Matie aswell as themselues to be at liberty to dissolue the Contract: This point was much disputed ∥vpon∥ some desiringe it might hold but 3 yeares in hope of a better bargaine at the three yeares end & the rather because the time of the 6d a pound imposic̃on vpon their Tobacco, would then be expired, but others feared a much harder bargaine might then be put vpon them: Wherevpon after all reasons were discussed, beinge put to the question, it was by plurality of voices agreed, that the Contract should hold for seauen yeares. [50]

Sixtly it beinge put to the question whither the clause for the medium of the Irish Custome should be strooke out seinge it could not but be estimated what it might come vnto beinge a Custome newly estab- lished The Court did generally agree to haue it strooke out.

Seauenthly touchinge the Patent of garbellinge, the Court haue agreed it shall not be so much as named in this Contract but they would stand to the Tryall of lawe for their right.

Eightly whereas in the fourth Article instead of the word vented they had put in Landed but did not knowe as yet whither my Lord Treas- uror would assent therevnto (but the Com̃ittee hoped and promised they would do their best to perswade his lp: to admitt it) It was put to the question whither in case the Lord Treasuror should not allowe thereof the Companie did thinke it fitt to breake this intended bar- gaine with the Kinge, Herevpon the Court resolued generally that the putting out of that word Landed should not breake the bargaine with his Matie.

All exceptions beinge thus cleared the Propositions were againe read all ouer, and the alterac̃ons also that had bin made therevpon wch beinge donne, the Ea: of Southampton praid the Companie duely to consider of them and not to spare in so waightie a buissines as this was that so nearely concerned them all to giue their best aduise and Counsell therein, it beinge free for any man to speake his minde with it or against it as his owne hart or reason should perswade him.

After a longe pause for somuch as it appeared no more could be said then had bin formerly deliuered, My Lo: at length at the request of the Court put the Propositions to the question, whither they did agree and fully consent that this Contract should goe forward to be made with the Kinge for the sole importac̃on of Tobacco vpon such condic̃ons as had bin formerly proposed; The whole Court with one vnanimous consent signified their approbac̃on of it, ratifyinge and confirminge the said Bargaine, by a generall erecc̃on of handℯ with- out contradicc̃on saue onely one hand held vp against it.

∥Mdm the Proposi- tions agreed on concerning ye Con- tract should be here entred.∥

Proposicons agreed §on§ by the Treasuror and Company for Virginia in a greate and generall Quarter Courte held on Wedensday 30 Iuly 1622 touching a Contract to be made with his Matie for the sole importa- c̃on of Tobacco: Which Proposic̃ons they desire may be ratified by the Right Honoble: the Lord High Treasuror of England. 1

This document is bound into the manuscript volume and is written on two and one-half pages of paper eleven and one-half inches long and seven inches wide. The writing is that of the body of the text. The paper is endorsed on the back as though having been filed away, and may be the original draft of the Proposition.

69

1.
• That the sole importac̃on of Tobacco into the Realmes of England and Ire- land be graunted by his Matie L̃res Patentℯ vnder his greate seale to the Com- panyes for Virginia & the Sumer Ilandℯ.
2.
• That his Matie by Proclamac̃on inhibite all others During the Tyme of this Contract vnder payne of confiscac̃on of their Tobacco and his Mats high Displeasure.
3.
• That likewise the planting of Tobacco in England and Ireland be forbidden by the same Proclamac̃on during this contract vnder a grievous penalty, And that the Tobacco that shalbe found to be planted in England this yeare may by vertue of the former Proclamãn be confiscated.
4.
• In considerac̃on whereof, as also for that the Companyes shalbe discharged from all other paymentℯ for Tobacco to his Maty (excepting onely the ancient custome sett downe in the printed booke of Rates of vjd p̱li for Roll Tobacco & 4d for Leafe) the Companies shall pay to his Maty the cleere proceed of a full third parte of all the Tobacco that shalbe yearely ymported and Landed by them in either of these Two Realmes During the sayd Contract. Prouided allwayes that the sayd Companyes shall not be constrayned to importe any more Tobacco of ye growth of the two Plantac̃ons into eyther of these Realmes then them- selues shall thinke fitt.
5.
• And touching the sayd Custome, that his ɫp be pleased to cause it to be reduced to amedium for these seauen yeares Last past ending at Mich̴as 1621: And for as much as the Medium of the quantity of Tobacco brought into this Realme of England those 7 Last yeares, hath bin allready Deliuered to amount to 142085 4/7 It is further desired, that by a new examinac̃on, it may be more perticulerly sett downe, how much thereof was Roll Tobacco and how much was Leafe because of the different Customes: And that the whole may be reduced into a certen som̃e of money, of wch some one third to be payd by the King and Two thirds by the Companyℯ, and the Customers to make now fur- ther demaund for any Tobacco, either imported or exported by the sayd Com- panies during the tyme of this Contract.
6.
• The Companyes be content, that his Maty be Disburdened, from all paymentℯ for the fraight of Tobacco imported from the Two Plantac̃ons or from any other forraigne partℯ into either of these his Realmes: But Desire, that after the first ariuall of the sayd Tobacco from either of the sayd Plantac̃ons or other forraigne Dominions, his Matie be pleased to beare one Third parte of all chargℯ whatsoeuer incident to the sayd Tobacco, aswell for the Landing, cary- ing and howsing thereof, as also for the keeping, tending, curing and sorting of the same; And likewise for the transporting it, whither by sea, fresh water or Land into diuers partℯ of either of these his Mats Realmes, there to be sold and distributed: Also that his Maty beare a full third parte of all Salaryes Due to Officers, ffactors and Agentℯ and to all other Ministers and Servantℯ to be ymployed in any sorte wth in eyther of these Realmes about the sayd Tobacco or other busines whatsoeuer incident to this Contract: wch sala- ries to be appoynted and sett down by the said Companyes in theyr generall Courtℯ, where and by whome likewise, the sayd Officers, Agentℯ, ffactors, Ministers and Servantℯ shalbe chosen: And likewise that his Maty beare one Third part of all costℯ and chargℯ in suitℯ of Lawe for any matter or busines concerning the sayd Tobacco, or for recouery of any Debtℯ from thence arising and finally for all other chargℯ whatsoeuer necessary or convenient for the well ordering of the sayd Tobacco and for making the best profitt to the vse of his Matie & the Companyes aforesayd.
7.
• That the Tobacco to be brought in, be consigned all into one hand (vizt) of such Officers as the sayd Companyes shall appoynt; And that the sayd Com- panyes haue the sole managing of the sayd sale of Tobacco, yeilding vnto his Matie a true & perfect Accompt thereof, and paying the cleare profitt wch shall growe Due vnto his Matie & come vnto theyr handℯ vnto such as the Lo: Treas- uror shall appoynte to receaue the same; In wch account all the sayd chargℯ to be allowed and defalked as aforesayd.
8.
• The Companies wilbe contented to be restrayned from the bringing in, of any Spanish Tobacco aboue the quantity of 60000 waight a year and to be tyed likewise by couenant for the bringing in of 40000 waight of the sayd Spanish Tobacco for euery of the first two yeares only of this Contract and noe longer; Vpon condic̃on notwth standing, that the King or State of Spayne Doe not rayse the Custome for Tobacco or other burdens imposed vpon it, aboue the Rates they are now at, or impose any new charge and vpon condi- c̃on also, that the price of Tobacco at wch it is now sold in Spayne be not enhaunced, and that the marketℯ of Tobacco in Spayne be in all respectℯ as free as formerly they haue bin; or otherwise the sayd Couenant for bringing in of Spanish Tobacco to be voyd and discharged: Prouided also, that if any of the sayd quantity of Spanish Tobacco Doe in any wise miscarry by any cas- ualties at Sea, that in that case the sayd Companyes shall not be bound to restore the proporc̃on so lost by any any new p̳vision.
9.
• They Desire, that there may be a rate sett aswell in his Mats sayd ɫres Pat- entℯ, as in his sayd Proclamac̃on of the price or prices of Tobacco, aswell for the merchant, as for the Retaylor and vnder a grievous penalty; wch prices neuertheles to be sett downe by the sayd Companyes vpon full Debate of all reasons there to incident.
10.
• They likewise Desire, that there may be inserted in the contract a graunte or couenant from his Maty agaynst the graunting of Licencℯ to Retaylors of Tobacco: So that the sale thereof may remayne free as hitherto it hath Done.
11.
• That his ɫp be pleased to take a stricte course for the p̢venting of all vndue bringing in of Tobacco by other meanes.
12.
• That his ɫp be likewise pleased for the p̢sent to take order for the pre- venting of the bringing in, of any Spanish Tobacco more then the Allowance allready sett Downe for this yeare.
13.
• That all confiscac̃ons & other penaltyes vpon this Contract be Deuided into Three partℯ, the one partℯ to his Mats vse, the other to the Companyes, the third to the Informers.
14.
• That if any confiscac̃on of Tobacco shall happen betweene this & Michael- mas next the same may be for the vses aforesayd, wch if it cannot be graunted, that yet at leastwise the Tobacco soe confiscated may be sent out of the Realme to be sold elsewhere, and not to cloy these kingdomes therewth, wch would tend aswell to the Dammage of his Matie, as of the Companies.
15.
• That his ɫp be pleased at the begining of the tyme to be limited by this Contract to giue order for a Survey to be taken of all the Tobacco and the seuerall growths thereof, then remayning in these his Mats Kingdomes, wth such prouision as may be most propper to discouer any vndue bringing in, of any Tobacco from that day forward.
16.
• That this Contract begin at Mich̴as 1622 and continue for the space of 7 yeares then next ensuing.
17.
• That his Mats graunte may be Drawne & construed in most beneficiall man- ner for the Companyes behoofe and for the advancement of the sayd Planta- c̃ons (his Mats profit as aforesayd reserued).

70

71

72

Proposic̃ons agreed on in a Quarter Courte held for Virginia the 30 of Iuly 1622 touching a Contract to be made with his Matie for the sole importac̃on of Tobacco. 1

This endorsement is on the back of the fourth page of the inserted paper.

These thingℯ ordered by the morningℯ Court were nowe againe read and confirmed as namely the Receipt ordered to be Sealed for 47li 16s wch the Gentlemen and Marriners of the Hart hath giuen to the East India Companie to be imployed in layinge the foundac̃on of a Church: It being signified that those of the Rubucke also had giuen a Sume of money in that kinde.

These followinge were likewise ∥then∥ made free of this Companie Capt: Martin Prinn Captaine of the Royall Iames who had likewise two shares of land confirmed vnto him.

Mr Thomas Kirridge Comaunder of the East India ffleet that came last home who had also two shares of land giuen him. [51]

3 mr Robert Carles who had liued 20 yeares in the West Indies and i6 yeares in the East Indies beinge but newly arriued out of his good affecc̃on to the Plantation havinge in writinge sett downe the orde- ringe curinge and plantinge of Rice, Cotten Woole, Indico, Sugar Canes Cr was made a ffreman and had one share of land confirmed vnto him.

• Mr Swann Mr of the Hart, was likewise made a ffreeman and had one Share of land giuen him.
• Mr Browne Mr of the Robucke had the like fauor donn him.

• There were then also made free these persons followinge vizt
• Mr Samuell Seaward of Oxford Bachelor of Diuinity.
• Mr Launce Minister.
• Mr Pemberton Minister (who intendℯ to goe to Virginia).

• There were also made free and of the Counsell
• The Lo: Marquesse Hamilton.
• Sr Edw: Barkham knight Lo: Mayor of the Citty.
• mr Heneage ffinch Recorder.
• Dor Duñ Deane of Paules
• Sr Edward Conway knight one of his maiesties most Honoble Priuy Counsell.
• Sr Hen: Mildmay Knight Mr of the Iewell howse.
• Sr Thomas Couentrie Knight his Mats Atturny generall.

Mrs Mary Tues assignement of 150 acres personall Shares (bequeathed vnto her by Leiutenant Crouch) lyinge at Newports News wch Shee nowe passed ouer vnto mr Daniell Gookin was confirmed.

Also 100 acres lyinge in Diggs Hundred wch Shee passed ouer to Sam: Iordan was confirmed.

The Shares likewise passed in the morningℯ Court were nowe againe read and confirmed.

∥The∥ Patentℯ also wch were then read and compared, were nowe put to the question and confirmed (vizt:)

The Graunt of 18 shares to Captaine Daniell Tucker (whereof three be paide in readie money after 12li 10s p̱ share, and the other 15 being giuen him for his good seruice) was nowe confirmed.

Also a graunt of two shares of land vnto mr Iohn Clarke formerly giuen him and ordered to be confirmed to him vnder the Companies Seale were nowe accordingly ratified.

• The Lo: Cauendish.
• mr Gibbs.
• mr Wrote.
• mr Caswell.
• mr Smith & The two Deputies.

Are earnestly entreated by the Court to haue conference with the Lord Mayor and Aldermen of the Citty about the Children that are to be sent to the two Plantations and are to conclude and make the best bargaine they can for the Companie concerning them.

It is likewise ordered that six of the said younge men shalbe sent to mr Pountice this yeare to be placed vpon the land belonging to his office as Viceadmirall and others ∥six∥ the next yeare.

The Com̃ittee appointed for the Colledge for this present yeare ar these ensuinge (vizt)

• Sr Edwin Sandys.
• Sr Iohn Dauers.
• mr Gibbs.
• mr Io: ffarrar.
• mr Ro: Smith.
• mr Wrote.
• mr Barbor.

The report of the Com̃ittee touchinge mr Coplandℯ placinge and enter- tainement in Virginia was nowe read, they hauinge thought fitt he be made Rector of the intended Colledge there for the conuersion of the Infidellℯ and to haue the Pastorall charge of the Colledge Tenantℯ about him and in reguard of his Rectorshippe to haue the Tenth part of the proffittℯ due to the Colledge out of their landℯ and arising from the labor of their Tenantℯ, and in respect of his Pastorall charge to haue a Parsonage there erected accordinge to the generall order for personages wch this Court hath well approued of and haue likewise admitted him to be one of the Counsell of State in Virginia.

Thomas Read passed ouer (vnder his hand and Seale) 100 acres of land in Virginia scituate in Coxendale ouer against the Iland of Hen- ricus Some part thereof beinge called by the name of Mount my Lady vnto [53] Edward Hurd of London Cittizen and Iron monger wch 100 acres was graunted vnto him by Sr Geo: Yeardley then Gouernor of Virginia vnder the Collonies Seale in reward of his 8 years good seruice in that Country: Wherevpon the said Assignemt beinge put to the question was allowed and confirmed to the said Edward Hurd.

Mr Deputy moued the Court in reguard the time was farr spent they might begin to dispatch some ordinary buissines before the Lords came who were nowe imployed about the Companies buissines whereof at their cominge they should haue an Account: Hee likewise prayed that the Last Quarter Court might be put of till the next Quarter Court to be read, for somuch as neither himselfe nor the Secretary had as yet any spare time to perfect the same, wch was agreed vnto.

A moc̃on was made in the behalfe of Captaine Thomas Iones Captaine of the Discouery nowe imployed in Virginia for Trade and ffishinge that he might be admitted a ffreeman of this Companie in reward of the good seruice he hath there performed, The Court liked well of the moc̃on and condiscended therevnto.

ffrancis Carter passed ouer one share of land vnto Iohn Hitch Cittizen of London beinge the last Share of the later 40 assigned vnto him from the Right Honoble the Lady D'Lawarre. [54]

Richard Bull passed ouer two shares of land in Virginia heretofore assigned vnto him by Henry Rowland Goldsmith, the one vnto Raph Bateman Cittizen and Grocer of London, the other Iohn Budge Citti- zen and Stationer of London.

Mr William ffleete passed ouer three shares of land to his Daughter Katherine ffleete.

A moc̃on was made that forasmuch ∥as∥ mr Truloue and his Associatℯ intend to proceed in their Plantac̃on beinge no whitt discouraged with this late Massacre of the English by the treacherous Indians are nowe settinge forth a Barke called the Truloue of London of about 46: Tuñ to Virginia they therefore desired the honoble fauor of this Court to graunt them a Com̃ission for ∥the∥ said Shippe and Voyadge wch the Court agreed vnto.

Vpon the humble request of Wm Sheffeild petic̃oninge for leaue to ad- minister vpon the goodℯ (that are saued) of his Sonne Tho: Sheffeild lately slaine by the Indians wch goodℯ he desires to preserue for the vse of a Sonne of the said Thomas a Child about the age of twoe yeares saued aliue in that bloudie Massacre, forsomuch as it was sup- posed this would proue a leadinge case, and the suite of many others to be releiued in: It was therefore thought fitt to referr it to a Com̃- ittee to consider what power and authority may be graunted by the Companie to the surviuinge frendℯ of Such as are slaine, or shall hereafter decease to administer vpon the goodℯ lefte vnto them, and what course may best be taken for recouery and preseruac̃on of all such goodℯ from losse and imbeazellinge to the vse and behoufe of the true proprietors, to this end the Court hath appointed

or any fower of them to meete on ffriday next the i9th of this present Moneth about 2 of the Clocke in the Afternoone at mr Deputies to aduise about it, and to certifie their opinions to the next Court.

Mr Barkham presented to this Court a Graunt of certaine Landℯ passed vnto him by Sr Geo: Yeardley vnder the Seale of the Colony vpon condic̃on that he compounded for the same with Opachankano and procured a confirmac̃on thereof from the Companie here within two dayes ∥yeares∥ after the said Graunt for wch confirmac̃on he nowe petic̃ons the Court.

Vpon wch occasion it was taken into considerac̃on howe farr forth the Gouernor of Virginia by a Charter heretofore graunted vnto him by the Companie might graunt landℯ in Virginia, and it was resolued directly that by the Kings Letters Patents no other but the Companie here and that in a Quarter Court onely had power to dispose of land in Virginia neither had they liberty thereby to transmitt [55] that power from themselues to any other, And as for the Clause wch they had graunted in their said Charter vnto the Gouernor of Virginia touchinge the disposinge of land, it did only intend to giue him power as a Ministeriall- Officer to sett out to each ∥euery∥ man his propper diuident either by direcc̃on from hence, or to such as had acquired it there ∥by purchase or seruice∥, and therein cheifely to respect the auncient Aduenturers and Planters, with authority also to passe the said Grantℯ vnder the Collonies Seale if so they did desire it, but not to make an absolute Graunt of the said lands for that the Seale in that case was but a certificate or testimony of so much land sett out for the considerac̃ons aforesaid to be further rati- fied and confirmed by the Company here who only had power to con- firme the same vnto them: And further then this the Gouernor neither had nor could haue any authority from hence to dispose of land in Virginia, but this Graunt of Barkhams was held to be verie dishonorable and preiudiciall to the Companie in reguard it was lym- itted with a Proviso to compound with Opachankano, whereby a Soueraignity in that heathen Infidell was acknowledged, and the Companies Title thereby much infringed. It was also reputed a fraudulent deed vnto the Grauntee, and of purpose onely to drawe a ffee from him, wch by report is very excessiue, in that kinde, there beinge no lesse then 20li waight of Tobacco or 3li in money dem̃aunded by the Secretary there fore euery such priuate diuident of 50: or 100: acres passed vnder the Seale of the Colony, wch this Court held to be verie vnreasonable, and therefore for the preuention thereof ∥hereafter∥ as also to avoid that confusion of grauntinge priuate Diui- dentℯ in the cheifest places wch many possessed themselues of, was §not§ with an intent to plante vpon the said landℯ so much as to pre- uent such other in their Diuidentℯ as tooke Patentℯ here, without they compounded with them for these parcellℯ that laye intermingled It was for these reasons thought fitt to be referred to the iudgement of the next Quarter Court to consider of some course for a speedie reformac̃on.

Mr Grindall also presentinge the like Grant vnder the Collonies Seale of 150: acres bounded out and allotted vnto him at his first cominge away in considerac̃on of his seruice, for somuch as he hath promised to plant the same at his arriuall there by this next Shipping The Court herein beinge willinge to shewe fauor especially to such auncient Planters as shall deserue well by their seruice and intend to plant vpon the land sett out for them, haue ordered that a Letter shalbe writt to the Gouernor to giue order to the Surveyor to sett out the due proporc̃on of his said land and to bound the same euery waye within his iust lymittℯ.

Sr Edw: Sackuill beinge entreated by the former Court to acquaint the Lordℯ of his Mats Counsell with the Massacre of the English Col- lony in Virginia by the Indians there and with the present necessity of Armes and people to make a reparac̃on, did nowe report that with the first oppertunity he had accordingly informed their ll͠ps, and after some questions passed about some p̱ticulars he entreated their ll͠ps mediac̃on [56] to his Matie in their said suite wch they were pleased to performe whereof his Matie beinge informed as, also of the manner of this Accident with great indignac̃on apprehended the cause thereof to be the same that their ll͠ps did vizt that the Planters in Virginia attended more ∥their∥ present proffitt rather then their safety ∥and pleasing their humors and fancies∥ by Lyvinge so scatteringly and dis- persedly pleasinge their owne humors and fancies: But his Matie was so farr sensible of the losse of so many of his Subiectℯ and of the present estate of the Colony as he was graceously pleased to promise them assistance, and therevpon dem̃aunded what the Companies desire. It was answeared Munic̃on and people whereby they might be enhabled to take a iust revenge of those treacherous Indians, and to recouer what they had nowe lost as also to secure themselues against the like or any other forraigne Enimy that should offer to assault them wherevpon it pleased his Matie to promise them some such Armes out of the Tower as was desired whereof the Officers of the Tower brought some of each kinde and reported their store there to be as followeth. 1

Letters and printed declarations on this subject, and the orders for arms for the Company are mentioned in List of Records, Nos. 293, 306, 318, 350, 354, 355, 356, 363, Vol. I, pages 152, 154, 155, 158, 159, and 160, ante.

The Court is continued by a generall Consent 2

Written over the word "erecc̃on."

Mr Horwood petic̃oninge for releas of his Sonne in lawe Robert Dauies from mr Rolfe hauinge serued out his three yeares accordinge to his Contract, as also that he might haue his Diuident of land for that he was furnished out at his charge, all wch he said he had wittnesses in Towne to proue: The Court hath entreated mr Deputy to examine his Wittnesses and therevpon ordered his petic̃on should be recom̃ended to the Gouernor of Virginia to do the said Robert Dauies right accordingly.

Whereas it appeares by an Acquittance presented at the said Court vnto Sr Thomas Smiths hand dated the 9th of September i607 that mr that Wm Phetiplace beinge an auncient Planter paid vnto Sr Tho: Smith then Treasuror for Virginia the Some of 10li wch beinge some- what short of the purchase of a Share: The Court notwithstandinge vpon his humble request and promise to plant the same within some convenient time haue bin pleased to remitt him the odd money and to allowe him 100 acres of land old Aduenture vpon a first diuision for wch direcc̃on shalbe giuen to the Gouernor to cause the same to be sett out for him accordinge to the orders of the Companie. [57]

Sr Edwin Sandys signified vnto the Courte that the Companie of the Sum̃er Ilands in their great Quarter Court held the Tenth daye of Iuly last had consented to the Contract intended to be made with his Matie for the sole Importac̃on of Tobacco, but with some difference from the Virginia Companie touchinge the medium of the Custome thereof, for the Company of the Sum̃er Ilands havinge duely waighed and considered of all circumstances incident therevnto conceaued it would be more convenient and safe for them to paye the Custome of 6d the pounde ∥weight∥ for Roll Tobacco and 4d for leafe as it came in, then to be tyed to paye the certainety of so great a Som̃e of money, as the medium came vnto, besides they considered that the Customers hauing by this meanes of grauntinge a medium their Customes made certaine, would take no care nor paines to discouer the stealinge in of Spanish Tobacco, whereas in payinge the Customer the proffitt of the Customers beinge also interessed therein, it would make them the more vigilent and carefull to prevent the vndue bringinge in of Spanish Tobacco and thereby also saue the Companie much charge, wch they must otherwise be at for maỹtayninge of a great number of officers for this purpose Wherevpon it beinge taken into considerac̃on whither an Inferior Court had any power to alter that wch was so solemnely ratified by a Quarter Court it was resolued it could not, but withall they held it fitt to signifie to my Lo: Treasuror and certifie by waye of Declaration of their perticular opinions that they con- ceaued the Sum̃er Ilands Companie for many substantiall reasons had taken the better course, and therefore the Companie of Virginia would not oppose the drawinge vp of the Patent accordinge to the desire and resoluc̃on of the Sum̃er Ilands Companie, not doubting but if the next Quarter Court for Virginia shall ∥should not∥ aproue thereof they shall entreat his lp: their first order may Stand.

or any fower of them are entreated to meete and aduise about the drawinge vp of the Patent touchinge the Contract to be made with his Matie for the sole Importac̃on of Tobacco accordinge to the Propo- sitions agreed on by the Companies of Virginia and the Sum̃er Ilands in their great Quarter Court held this present month wch is to be donn in the most benificiall manner for the behoufe of both Companies, who are likewise desired to attend mr Atturny about the same: And also to take into their considerac̃on those thingℯ that are to be per- formed before the said Contract is to be in force as namely the pro- hibitinge the planting of Tobacco in England and Ireland also to prohibite the importinge of any Spanish ∥Spanish∥ Tobacco in Eng- land and Ireland more then the quantitie limited by this Contract. [58]

A Comission for Tobias ffelgate Mr of the Iames of London of about 140 Tuñ bound for Virginia with 90 Passengers was ordered to be drawne vp and sealed.

A Comission likewise for mr 1

A blank space in the manuscript.

Whereas his Matie hath bin pleased at the humble Suite of the Virginia Companie to lend vnto them 20 Barrellℯ of Powder for the seruice of the Colonie in Virginia to be repaid by the 10th of ffebruary ∥Ianuary∥ next for wch Security is to be giuen vnder the Companies Seale: The Court entreated mr Deputy to drawe vp the said Security and to affix the Companies Seale therevnto.

And whereas it was further signified that they were in hand with a bargaine for Twenty Barrellℯ of powder more for time vpon the like caution, The Cort gaue order to mr Deputy, that if that bargaine pro- ceeded to affix the Seale vnto the like Security for repayment at the time agreed vpon.

A request was made by some of the Sumer Ilands Company for the better supplyinge of the Sum̃er Ilands with Armes (whereof there was nowe very great want) this Companie would please to giue them 100 peeces and 50: browne Billℯ out of his Mats Princely Guift and bounty bestowed upon this Companie wch number the Sum̃er Ilandℯ Companie promise to maintaine: The Cort takinge it into their con- siderac̃on and waighinge duely howe much it doth import Virginia to strengthen and support that Plantation in reguard of the vicinity and mutuall dependance the one hath vpon the other, haue agreed to graunt their request, not doubtinge but his Matie and the State wilbe pleased herewith, consideringe vpon what speciall and important reasons the Companie were moued herevnto, and further it was agreed and thought fitt, that the Bowes and Arrowes wch his Matie had giuen to the Virginia Companie (in respect the vse and scatteringe of them amongst the Indians might proue a thinge dangerous to our owne people, and withall make them acquainted with the manner of fash- oninge the Arrowe headℯ) that therefore they should be deposited and kept safe in the Sum̃er Ilands in a readines against there should be occasion to vse them in Virginia. [59]

An offer was likewise made by the Courte that euery private Planta- tion Hundred and Burrowe might haue some of the said peeces, Prouided they be at charge to trimme them vpp and make them fitt and so send them to Virginia: Prouided also that they keep and mayntaine the like number alwayes fitt and seruiceable.

The Residue of the Armes were thought fitt and ordered by the Court to be kept in a Com̃on Store or Armory in Virginia for the Generall seruice of the whole Colony vpon all occasions.

Certen Informers profferinge to the Court their seruice to discouer some persons that had planted good quantities of Tobacco here in England contrary to his Mats Proclamation, praid they might haue some reward for that seruice. The Court hath referred them to be considered for the paines they shall take herein vnto

Ann Minter petic̃oninge for the discharge of Richard Minter her Husband, whome shee saith was turned ouer by Dor Bohune as Tenant to the Phisitions place, contrarie to his promise: The Court not know- inge of any such priuate agreement between Dor Bohun and him, Haue notwithstandinge in com̃isserac̃on of her pouerty, and vpon her earnest request, ordered, that her Husband Richard Minter shalbe sett free and at liberty to dispose of himselfe, he payinge 100wtt of good leafe Tobacco for the Companies vse vnto mr Geo: Sandys Treasuror in considerac̃on of the charge the Companie were at, for his furnishinge out and Transportac̃on: And if he be desirous to staye still in Virginia; It is further ordered, that he payinge the aforesaid quantity of Tobacco, shall besidℯ his freedome haue fiftie acres of land sett out for him and his heires for euer to plant vpon for his owne benifitt and not otherwise if he returne for England.

[60]

The Sum̃er Ilands Court held this Afternoone beinge dissolued, mr Nicho: ffarrar the Deputy acquainted them, that whereas it pleased his Matie out of his Princely care of the Plantation of Virginia, to direct his graceous Letters vnto mr Treasuror and Company for Vir- ginia to com̃aund a speedie course be taken for the settinge vpp of Silkworks and plantinge of Vineyards throughout the whole Colony in Virginia (for the orderinge whereof one mr Bonnell his Mats Serv- ant had giuen verie good directions in his booke lately published) Wherevpon his Mats Counsell for Virginia havinge taken it into their considerac̃on thought fitt for the better Accomplishment of his High- nes pleasure in a buissines of so great consequence vnto the Planta- tion that a speaciall letter be writt by the Companie to the Counsell of State in Virginia for the orderinge whereof one mr Bonnell his Mats Servant had giuen verie good direec̃ons to require and charge a strict performance of his Mats royall comandment in the premisses: for wch purpose they had conceaued the forme of a letter wch beinge nowe presented in Court was read and beinge well approued of, the Court ordered and appointed the same to be printed and affixed to the Silkworme booke of mr Bonnells ye ffrenchman. 1

This treatise, containing also the two letters, is referred to in List of Records, No. 347, Vol. I, page 158, ante.

Mr Deputy further acquainted the Court that he had receaued a war- rant signed by the said ∥sundry∥ Lords of his Mats Priuy Councell directed to the Treasuror and Deputy of this Companie requiringe one Dan: ffrancke (a malefactor lately repreiued) be sent to Virginia (from whence he may not returne into any his Mats Dominions wthout speaciall license obtained vnder six of the Counsellℯ handℯ) wch ffrancke had contracted to serue in Virginia one Elianor Phillipps that nowe goes ouer with him, in considerac̃on whereof the said Phillipps offers to paye for his passage if the Companie please to per- mitt the said ffrancke to goe: Wherevpon the Court ordered he should be sent to Virginia accordinge to the Lords order, and should be put abourd the Southampton and com̃itted to the charge of mr Iames Chester Captaine of the said Shippe bound for Virginia, to deliuer him in Virginia according to his Direcc̃ons.

Vpon the moc̃on and earnest request of the Society of Martins Hun- dred that Tho: Nicholls might be released from of the Companies Land and imployed in their Hundred for the better diuidinge of their lands there (he beinge skillfull in the matter of Suruey) for whome they haue promised to giue the Companie good satisfacc̃on. The Court herevpon were contented to order that the said Nicholls should be sett free and put vpon the imployment of Martins Hundred, and withall should haue such bookℯ and Instrumentℯ as belonged to his buissines of survey for the vse and seruice of that Hundred. [61]

Mr Deputy signified vnto the Companie that the occasion of callinge this Court was for the dispatch awaye of the Abigaile, And for that diuers petic̃ons had bin exhibited wch were to be ordered and sent by this Shippe some of greuiances for wrongℯ donn by vniust factors and Partners in Virginia others of claime to landℯ and goodℯ belonginge vnto them by the late death of frendℯ there; And further whereas the Counsell had by the Iames already sent their Letters of aduise and direcc̃on to the Gouernor and Counsell of Virginia touchinge the late Massacre and other important buissinesses: So as it had bin taken into considerac̃on and held verie fitt that the like addresse should be nowe made by the Compã to second the former, whereof a draught beinge made, he nowe presented in Court wch beinge read and well approued of, was ordered to be signed by the Deputy in the name of the Companie and wittnessed by the Secret̃y.

After this the petic̃ons were read and ordered as followeth (vizt)

Mr Iohn ffarrar and his Partners complayninge by petic̃on against Captaine ∥William∥ Tucker and one Henry Gats for not havinge returned them any Account of those goodℯ they com̃itted to their charge wch cost them well neare 900li havinge imployed them as their ffactors and Agentℯ in the Shippe called the Elianor they therefore praied this buissines might be so recom̃ended to the Gouernor and Counsell of Virginia as they might haue Iustice donne them and all lawfull furtherance giuen to those they had appointed their Atturnies herein, Wherevpon the Court did very earnestly recom̃end this petic̃on to the Gouernor and Councell to take it especially into their care that iustice and right may be donne without delaye vnto ye Peti- c̃oners and that satisfacc̃on may be made them to the full in all their lawfull and iust demaundℯ, for so both the matter it selfe required and the merrittℯ of the p̱sons [62] of the Colony are extraordinary and that of the proceedingℯ herein the Companie desire to haue an Account returned them by the first The Companie were likewise pleased that Charles Atkinson being their Tenant shall doe this seruice for the Petic̃oners.

Mr Edw: Bennett in his Petic̃on makinge two requestℯ vnto the Com- panie the one that the cause in difference between him and Capt. ∥Raph∥ Ham̃er might be recomended to the Counsell of Virginia to do him iustice, The other that his people might be returned to his Plantac̃on at Warascoacke: The Court ordered that the Gouernor and Councell in Virginia should take extraordinary care of that buissines that so farr as right and iustice will permitt his request may be satis- fied and that a perfect and speedie Account be returned them of all proceedings therein and that they do not onely giue leaue to the repossessinge of Warasquoak, but further doe verie earnestly recom̃- end the settlinge of his affaires and buissines to the fauor and fur- therance of the Gouernor and Councell, and that what courtesie they shall shewe him therein, the Companie will accept as donne to them- selues in reguard mr Bennet (besidℯ great seruices donne for the aduancement of the Plantac̃on) is the largest Aduenturor that they knowe of.

Mr Wm Caps an auncient Planter in Virginia in his petic̃on made 3 requestℯ vnto the Companie: 1: That Sr Wm Newce might be required to deliuer him the fiue men for whose transportac̃on be paid him 30li here in Towne 2: That Sr Geo: Yeardley might restore vnto him the Danske Chest and goodℯ he detaines from him, And lastly that he might haue satisfacc̃on for the land taken from him by Sr Geo: Yeardley then Gouernor for that it laye in that part where the Com- pany had appointed their land to be sett out (notwithstandinge he saith he was possessed thereof before that allottment was made:) Wherevpon it was ordered that it should be certified that the Com- panie had bestowed on the Petitioner 30li wch mr Io: ffarrar testified to haue bin paid to Sr Wm Newce to the intent expressed (vizt) for the transportac̃on of those fiue men wch they doubt not he will p̱forme: And in that and the matter of the Chest they desire the the Peticonr haue right donne him, as for the land, if he were law- fully possessed of it before it was ordered for the Companie they hold it iust that it should be restored him or elℯ satisfacc̃on made him to the full with allowance of dam̃age it beinge their intent to giue of their owne and not to take from other.

Mr Henry Rolfe in his Petic̃on desiringe the Estate his Brother Iohn Rolfe deceased lefte in Virginia might be enquired out and converted to the best vse for the mainetenance of his Relict wife and Children and for his indempnity (hauinge brought vp the Child his said Brother had by Powhatan's Daughter wch Child is yet lyvinge and in his custodie) It was ordered [63] that the Gouernor and Counsell of Virginia should cause enquirie be made what Landℯ and goodes the said Iohn Rolfe died seized of; and in case it be found the said Rolfe made no Will, then to take such order for the Petic̃oners indempnity and for the mayntenance of the said Children and his relict wife as they shall finde his Estate will beare (his debtℯ vnto the Companie and others beinge first satisfied) and to returne vnto the Companie ∥here∥ an Account of their proceedingℯ.

Iane Glouer and Bridgett Hubbard peticoninge for leaue to adminis- ter vpon the estate of Samuell Stringer their naturall Brother lately slaine in Virginia, beinge indebted vnto them (as they affirme) It was ordered that the Gouernor and Counsell of Virginia should be entreated to cause enquirie be made what estate in landℯ and goodes the said Stringer died seized of and therein to shewe Iohn Tuke mr of the Abigall (whome by their Letter of Atturney they haue author- ised to receaue the said goodℯ to their vse) all lawfull fauor and assist- ance they may for helpinge the Petic̃oners to come to their right (with due respect) they beinge not onely his Creditors but his heires also.

Edward Peirs Cittizen and Marchantaylor of London, petic̃oninge for leaue to administer vpon the estate of one Thomas Peirs his Brother, late inhabitinge neare Mulbery Ilands in Virginia (who was there slaine with his wife and child in the late Massacre) It was ordered that forsomuch as it hath bin testified as well by Certificate from Sr Wm Owen knight and Thomas Iones esquire Bayliffe of the Towne of Shrewsbury as also vpon oath taken of the Peticonr and one Robert Corbett by the Deputy and some other of his Mats Counsell for Vir- ginia that the said Edward Peirs is the onely Brother of the said Thomas deceased, and that he hath but one only Sister namely Ann Peirs lyvinge That the Gouernor and Councell of Virginia should be entreated to shewe the Petic̃oner or his Assignes what lawfull fauor and assistance they may in the premisses that the Proprietors may receaue the benifitt of the proceed of those goodℯ that shalbe found out with all expidic̃on.

Ioane Blancher petic̃oninge likewise for that estate her Husband Iohn Blancher died seized of in Virginia: It was ordered that the like direcc̃on should be giuen to the Counsell there to cause enquirie be made what goodℯ he lefte and not onely to giue an Account but also to returne the goodℯ themselues or the proceed thereof (beinge sold to the value) to the Treasuror and Companie here to the vse and benifitt of the said Peticonr.

A Certificate beinge presented in Court vnder the hand of diuers therein named, certifyinge that Iames Darey is the next heire of Iosua Darey who was lately slaine in Virginia: The Court ordered that forsomuch as this Certificate was testified to be true by mr Wheatley a Brother of this [64] Companie, it should be recom̃ended to the Counsell of Virginia to cause enquirie be made what goodℯ the said Iosua Darey died seized of, and to giue order that they be sold to the best value and to returne the proceed thereof to the Treasuror and Company here for the vse and benifitt of the said Iames Darey.

The Brothers and Sisters of Captaine Nath: Powell peticoninge for order that their said Brothers estate might be enquired out and certi- fied, and the Proceed thereof returned vnto the Companie here for their vse and benifitt, It was ordered that it should be recom̃- ended to the Counsell of Virginia to haue an espeaciall care of this buissines, both because it is of great consequence, as also for that Capt: Nath: Powell was a man of extraordinary merritt, and the Petic̃oners poore men, wherefore they desired that Iustice and right may be donn them ∥therein∥, and that so speedily as the Petic̃oners may receaue the benifitt thereof by the first returne of Shipps, and not onely an Account, but also the goodℯ themselues or the proceed of them beinge sold to the value be returned to the Treasuror and Companie.

Iohn Stephens and Raph Baylie petic̃oninge both to one effect vizt that direcc̃on might be giuen to the Gouernor of Virginia to sett out their Diuident of land where and when he should thinke fittest for their safety and convenience; The Companie conceaued the Petic̃on- ers request to be so resonable as they are assured the Counsell of Virginia will not deny it them, but be readie to shewe them and their people what fauor they may for the safe and convenient settlinge of them.

The Companie beinge informed by the Auditors that Sr Geo: Yeardley in stead of 500li wch by the Counsellℯ Letter of the 18th of Decembr i619 he was com̃aunded to returne for the 50 youthes then sent by his Mats Com̃aund hath onely returned 3333li waight of Tobacco, wch beinge sent to Middleburrough and there sold comes to ∥no∥ more then 275li 15 06 haue ordered that the Account of that Tobacco signed by the Auditors and Bookeep̱ should be sent vnto mr Geo: Sandys Treasuror in Virginia to be shewed vnto the said Sr Geo: Yeardley and the rest whome it may concerne, and that they should be caused to make satisfacc̃on for the 224li 4: 6: wch is remayninge due vnto the Companie this yeare in good leafe Tobacco to be sent home in the Abigall.

It was also further ordered that the Account of the Tobacco sent home last yeare to the Companie should be sent to mr Geo: Sandys, that he might see at what rate it was here sold and cause further satisfacc̃on to be giuen from whome it is due. [65]

It was also ordered that a Coppie of Leiutenant Wm Peirs his Bond should be sent vnto mr Geo: Sandys who is required to leavy of the said Wm Peirs the 500li of Tobacco appearinge due to the Companie by the said Bond and to send it home in the Abigall.

In these perticulars the Companie desire mr Geo: Sandys to be verie carefull and the Gouernor to giue him all the assistance that the Companie be not disappointed of so due debtℯ in this time of great necessity.

And it is further ordered that the Gouernor of Virginia shall not here- after graunt leaue to any indebted to the Companie to returne for England vntill he hath giuen full satisfacc̃on for all such debtℯ as he shall stand charged with.

Mr Deputy acquainted the Court, that mr Secretary Dauison had requested him humblie to tender to the considerac̃on of this Noble Company the great losse that he had endured this last yeare by want of 13 of of those 20 Tenantℯ that the Companie were pleased to graunt and promise to him: Wherevpon he humblie besought them, that they would bestowe vpon him at present in recompence or sat- isfacc̃on of that dam̃age the Sum̃e of 50li wch he would procure to be lent the Companie vnder their Seale at a yeares daye of payment, Mr Deputy added that he would not haue dared in this time of the Com- panies extreame pouerty to propound a matter of so great charge vnto them, but that he did for his part conceaue, that in trueth the doeinge of this, should be a matter rather of payment of debt then pointe of liberality, and besidℯ that mr Secretary Dauison himselfe had found the meanes for procuringe the money, and that after such a manner, as he for his part, should be verie glad, if all the Companies Debtℯ might be so discharged, but against this it was obiected, that Mr Sec- retary had receaued ffees in Virginia in recompence of his want of men, and further that he had not performed his seruice aboue halfe the time; And lastly that howsoeuer, the President would be verie dangerous whereby other Officers that had suffered the like dam̃ages would make the like demaundℯ: But for the first mr Deputy and his Brother mr Iohn ffarrar affirmed, that mr Secrẽ Dauison had solem̃ly protested to them diuers times (they havinge challenged him thereof accordinge to some Letters that did seeme to import so much) that he had receaued no ffees at all or to no value at least, and that although there was at first an intenc̃on by the Gouernor and Counsell to make him satisfacc̃on after that manner; yet afterward consideringe with himselfe, that perhappℯ it would be displeasinge to the Company here beinge so precisely forbidden by them he did relinquish it, rather puttinge himselfe vppon the Companies noblenes, And for the per- formance of his place that mr Geo: Sandys had vndertaken it out of his loue to him; and further that his cominge ouer [66] was in parte for the better Informac̃on of the Counsell, of the State of the Colony: As for the last thinge it was generally adiudged to be a verie smale recompence for so great dam̃age and that the Companie should haue a verie great bargaine of it to satisfie proporc̃onably all the like demaundℯ. But in the end because the matter was of great waight in this necessitous time of the Companie it was thought fitt to reserue the matter of absolutely giuinge it to the iudgment of a Quarter Court; After full and certen knowledge of the perticulers in question and doubt; But that yet in the meane while for the accomodatinge of mr Dauison in his present vrgent occasions beinge to carry ouer his wife with him to Virginia, the said 50li offered by mr Weston to be lent, Should be accepted and the Companies Seale giuen for the payment of it at a yeares day And that the said 50li should be paid to mr Secrẽ Dauison, he giuinge his Bond to repaye it to the Companie in Ianuary i623.

After the readinge of the former Court, a great part whereof con- sisted in the Answeares of many petic̃ons that had bin presented, mr Deputy signified vnto the Court, that this manner of settinge downe the Som̃s of the petic̃ons and of the Courtℯ Answeares was a thinge of very great Trouble to the Secretary and himselfe, and many times perhapps neither the true meaninge of the Peticonr, nor of the Answeare, was so fully and plainely expressed as was fitt and requi- site, and therefore many times occasion of doeinge wronge might be ministred: Wherevpon he offered to the considerac̃on of the Court, that the very petic̃ons themselues [67] should be registred and entred either in the Court bookℯ or some perticuler booke for that purpose, and that the answeare of euery petic̃on might be drawne vpp while the Court sat and read, wch would be a safe course both for the Companie and Petic̃oners and likewise for the Deputy and Secretary, and this Course he thought the more necessarie in reguard the greatest part of the Petitions put vp to the Companie do not admitt the reveiwe and examinac̃on ∥approbac̃on∥ of a second Court, but vpon the orderinge and §the§ execuc̃on doth im̃ediately followe, as all the petic̃ons read in the former Court and there ordered were the next day sent to Virginia whereby if there had been error in mistakinge the Companies meaninge it could not be remedied.

Hee desired them farther likewise to take into their considerac̃on howe the multitude of Petic̃ons daylie encreased, So that the Courtℯ had not time nor leasure to order them wherevpon himselfe was con- tinually troubled with the importunity of Petic̃oners for not receau- inge speedie satisfacc̃on as they did desire; wch did exceedingly molest him, and some of them did much clamor of the Companie: ffor redresse whereof, as also for the equall administrac̃on of Iustice and fauor vnto all, (wch he knewe to be the Companies principall intent) he desired that they would take into their considerac̃on what course and order should be held for the receauinge of Petic̃ons for the informinge the Court of the p̱ticularities of them and for the answearinge of them: Concerninge all wch pointℯ and the former, he and some of the Coun- sell (wth whome he had conferred thereabout) conceaued that there might be so good and orderly a course sett downe as should much tend to the ease of the Court in expediting of petic̃ones and to the speedie reliefe and satisfacc̃on of all due Complaynantℯ and iust Peti- c̃ons: The Court hauinge debated these pointℯ and findinge them verie waightie, and that it was most expedient to take some course therein did thinke fitt to referr the considerac̃on of them and all other matters incident to Petic̃ons vnto a select Com̃ittee which were then named (vizt)

who are entreated to meete at mr Deputy fferrars howse on Monday in the Afternoon the 28th of this present Month and there to consult and aduise concerninge the pointℯ formerly menc̃oned and all other p̱ticulers belonginge to the matter of petic̃ons and to sett downe their opinions and iudgementℯ thereof and to bringe the same in writinge to the next Court.

Mr Deputy further acquainted the Court that diuers of the Counsell and Companie had of late obserued some er̃ors and defaultℯ in the transportinge of persons and goodℯ, wch if there were not some timely remedy for preuention [68] would both breed much wronge to the private Planters that goe ouer, and hereafter great trouble and vexac̃on to this Court: The pointℯ were three: ffirst that diuers Shipps nowe goeinge daylie (aswell from London as other partℯ,) without any fur- ther Referrence to the Companie then a Comission from them, there was no Note or Register kept of the names of the persons transported, whereby himselfe and the other officers were not able to giue any satisfacc̃on to the persons, that did daylie and howerly enquire after their frendℯ gon to Virginia, to the great discontent of people here, and that this likewise would proue a thinge of great trouble and molestac̃on to the Court when after the expirac̃on of i624, either the persons themselues transported or their heires should come to clame their diuisions of landℯ, the Companie hauinge no ground to knowe, what or why any thinge should be due vnto them but their owne wordes: The second pointe was that many times the Passengers shippinge their goodℯ themselues and through ignorance and want of vnderstandinge in such affaires, not takinge that course as they ought, though their goodℯ were imbeaselled by the Marriners in the waye ∥yet∥ they could come to no right, wantinge sufficient proufe of the deliuery of them abourd the Mr; and if any priuate man hapned to dye, all his goodes were presently imbeazelled and as it were confis- cated by the Marriners, that afterward his friendℯ could neuer come to recouer any of them, nor tell wch waye to goe about it, There beinge no publique euidence of the receauinge of the said goodℯ abourd, and if there were any priuate they perished with the Party himselfe; The third thinge was the prouidinge by some fitt course that the Cou- enantℯ between Mrs and Servantℯ might be respectiuely p̱formed, to the full, that neither oppression nor fraude might be exercised by the one or other: In both wch kindℯ, there were many complaintℯ both of Mr and Servantℯ wch were daylie like to encrease and as the Plantac̃on did augment and especially the wrongℯ of Servantℯ, It beinge obserued here that diuers old Planters and others did allure and beguile diuers younge p̱sons and others (ignorant and vnskillfull in such matters) to serue them vpon intollerable and vnchristianlike condic̃ons vpon promises of such rewardℯ and recompence, as they were no wayes able to performe nor euer meant: These three headℯ beinge discussed by the Court, were conceaued to be very waightie and were therefore referred to the considerac̃on of the former Com̃ittee.

And likewise vpon remonstrance by some other what inconveniences did arise in Virginia for want of a sett and orderly course for the prouing of Willℯ and Testamentℯ and other thingℯ thereto belonginge, the former Com̃ittee were likewise desired to take that buissines into their considerac̃ons and to deliuer their opinions and iudgementℯ therein to the next Court in writinge of all the premisses. [69]

The Court hath likewise referred the perticular greiuance of Tho: Goldsmith touchinge his Sonne Arthur detayned by Sr Geo: Yeardley as his Tenant, to the examinac̃on of the said Com̃ittee, who are duely to informe themselues and consider of each perticuler circumstance and to certifie howe they finde it together with their opinions what they thinke fitt to be donne therein.

Mr Deputy signified vnto the Companie, it was not vnknowne vnto them, that amongst the many worthie Guiftℯ bestowed on the Plan- tac̃on there was the last yeare giuen, by a person refusinge as yet to be named 40s p̱ Añu for euer (and therevpon an order established) for a Sermon to be preached before the Virginia Companie euery Mich̴as Terme on Wedensday fortnight before the last Wedensday in the said Terme, Hee therefore moued to knowe their pleasure whome they would entreat to preach the said Sermon; Wherevpon some propos- inge the Dean of Paules, the Court without naminge any other, did verie much desire he might be entreated therevnto, hopinge he would please vpon their generall request signified vnto him, to vnder ke the paines and the rather for that he was a Brother of this Companie and of their Counsell In confidence whereof the Court praid

to solicite him earnestly herevnto in the name of the Companie; wch they promised to performe, and for the place where the Sermon is to be preached. The Court haue made choise of St Michaellℯ Church in Cornehill as the most convenient: After wch Serm̃on ended, it is also thought fitt and agreed the Custome they beguñ the last yeare shalbe continued namely to suppe together, and for that cause haue entreated mr Caswell and mr Mellinge (who last time so well p̱formed it to all the Companies content) beinge assisted with mr Bennett and mr Rider to be Stewardℯ this yeare also, for prouidinge and orderinge of the Supper and buissines therevnto belonging and of the place where it shalbe kept, and accordingly to giue notice thereof vnto all the Companie by sendinge the Officer with Tickettℯ that are to be printed for this purpose, notifyinge the time and place and what each man is to paye, wch is nowe agreed shalbe iijs a peece as findinge by the last yeares experience it cannot be lesse to beare out the full charge: And for that at such great feastℯ Venizon is esteemed to bee a most neces- sary Complement, the Court hath thought fitt that letters be addressed in the name of the Company vnto such Noblemen and Gentlemen as are of this Society to request this fauor at their handℯ and withall their presence at the said Supper. 1

This sermon, preached November 13, was printed. It is referred to, List of Records, No. 375, Vol. I, page 161, ante. A letter concerning the sermon is given in List of Records, No. 381, Vol. I, page 161, ante.

Mr Deputy acquainted the Companie that whereas they hired hereto- fore certaine Dutch Carpenters of Hamburrough for makinge of Saw-millℯ in Virginia whither they beinge sent, died within a short time after (and onely one returned) beinge §hauing§ effected nothinge in that buissines, and that notwithstandinge satisfacc̃on hath bin giuen to the ffull vnto their Wiues, for so longe time as their said Husbands Liued accordinge to their contractℯ; yet through the insti- gac̃on and Clamerous reportℯ of him that returned these weomen were stirred vp to put in suite those English men that had giuen Security at Hamburrowgh for payment of their said Husbandℯ wages, demaundinge of them no lesse then their ffull paye as if they had liued out their times: Insomuch as the said English were cõstrained (to auoide further trouble and charge of Suite) to agree with them and vpon a Composic̃on to giue them 27li to surcease their suite, wch they hoped the Companie here would againe repaye, consideringe it was for their cause, and therefore had nowe made ouer a Bill of Exchange to be paide by the Companie; wch the Court taking into their considerac̃on, although they found of right nothinge to be due to the said weomen, beinge formerly satisfied, yet seeinge the stand- inge out in the Suite against them might drawe on a further charge wch would hardly be recouered againe of the Plts 1

Plaintiffs.

Capt: Hamers Letter was read, relatinge some accidentℯ that had happned in the Colony since the Massacre, the killinge of certen Indians, burninge of their Townes, the ioyninge with the Kinge of Patomecke against Opachankano Cap: Maddison sent vnto him with 30: English, the insolent Answr of Opachankano to the Gouernors message for restoringe of the captiue English, with the dishonor he did to the Kings Picture, the resoluc̃on of ye Gouernor and Counsell at the end of August to make Warre vpon Opachankano, with 500 men, hopinge by Godℯ helpe this winter to cleare the Country of him and setlinge the Colony in a farr better estate, then it was before, and that this Massacre will proue much to the speedie aduancemt of the Colony and much to the benifitt of all those that shall nowe come thither.

A Comission to mr Newlandℯ Ship called the Plantac̃on beinge to transport people to Virginia and afterward to make a fishinge voyage was ordered to be sealed.

Mr Bennett likewise mouinge the Court for two Shipps he intends to send to Virginia, order was giuen for drawinge vp his Com̃issions after the vsuall manner and to seale them. [71]

Mr Deputy signified vnto the Court that whereas diuers waightie buissinesses had bin propounded and referred by the last Court to the considerac̃on of a select Comittee, they had accordingly mett and aduised vpon the p̱ticulars, and findinge in some thingℯ much diffi- culty, and wch would require great deliberac̃on they thought fitt to deferr the same p̱ticulars till their next meetinge; So as for the present, the Com̃ittee had onely gonn through the first head com̃ended vnto them namely concerninge petic̃ons, touchinge wch hauinge drawne vp their opinions by writinge they did nowe present the same to the iudgement of this Court beinge as followeth.

The Committees conceave that for the better ease and expedic̃on both of the Companie & petic̃oners there should be a sett Com̃ittee out of the Counsell and Companie of men both of ability and Diligence who should euery Court Daye at one a Clocke meete to receaue petic̃ons.

This Committee should consider of the seuerall kindℯ of petic̃ons and bringe them vnder certaine headℯ for the sooner and surer dispatchinge of them by propoundinge and passinge thingℯ of the same nature orderly together, they should haue a care that all petic̃ons be presented with a right stile, and that if any concerne thingℯ not fitt for publique readinge they be reserued for the Counsell. [72]

The Committees shall likewyse consider and take into their considerac̃on the seuerall matters of petic̃on and by informinge themselues of the perticularities prepare the matter for the Companies easier determinac̃on.

The Committees shall deliver the Petic̃on to the Secretary who shall giue the peticonr a note vnder his hand of the receipt of such a petic̃on and likewise the time when the Com̃ittee thinke fitt the petic̃oner should attend to receaue an aunsweare from the Companie.

Every Petitioner receiving his an aunsweare, the aunsweare shalbe endorsed on the petic̃on or vnder ∥it∥ duringe the sittinge of the Court and read, and if it cannot be so donne the Secretary shall not sett his hand to the order vntill such time as at least three of the Com̃ittee (whereof mr ∥the∥ Deputy to be one) haue pervsed and allowed the said order that it is right accordinge to the Companies meaninge.

The Secretary shall keepe all the petic̃ons on a file with the orders endorced vpon §or vnder§ them and the Day of the date of them and shall further engrosse them in a booke orderly with reference to the file and the next Court shall read the petic̃ons and orders out of the Booke.

For every Petition graunted in fauor he shall haue from ye petic̃onr a shilling and no more for a Coppie of the order for wch shillinge also he shalbe bound to giue a Coppie of the petic̃on it selfe if the peticonr shall desire it or if it be necessary. 1

The initial words of the previous paragraphs and the following action of the court, including the names of the committee, are in the handwriting of Nicholas Ferrar.

Which orders beinge reade through and after agayne by severall partℯ reexamined and deliberated uppon the Courte did well aprove of them and theruppon being putt to ye Question were ratified by the Gen- erall Consent of ye whole Courte.

The next thing taken into consideration was both the number and Quallity of those that should be apoynted Committees of wh it was thought fitt that the Auditors should always bee in regard of there greate experience and practize in the Compagnys affayres and yt there should bee ioyned unto them eight or ten more and yt out of this number three of at least wherof the Deputy to bee one might bee always present for the receiving and considering of Petitions and further yt the Committee shoulde bee yearely chosen uppon the day of Election of the Treasuror and other Officers and yt there shoulde bee yeerly ∥an∥ alteration of some of them for the better information of others in the Compagnys affayres and buissinesses.

Thees things being putt to the Question were severally ratifyde and confirmed by erection of hands and to bee of the Committee for the present yeare were nominated theese following

divers petitions presented to this Courte were referred to y sayd Committee. [73]

And whereas the former Com̃ittee had considered and deliuered their opinions touchinge the petic̃on and complaint of one Tho: Goldsmith against Sr Geo: Yeardley for deteyninge his Sonne Arthur as his Tennant: The Court Caused their order vpon the said Petic̃on to be sett downe in this manner vizt:

It hauinge bin approued vnto the Court by oath of two Wittnesses that the frendℯ of Arthur Goldsmith haue for the settinge fourth of him and mainetayninge him since disbursed to the value of 40li as by a Bill of the p̱ticulers exhibited appeareth, and further that by his frendℯ he was put to Sr Geo: Yeardley for three yeares and no longer do therefore iudge that what Contract soeuer the said younge man may haue since made with Sr Geo: Yeardley without the approbac̃on of his frendℯ (touchinge seruinge him as a Tenant or ffearmor) ought to be voide and of none effect and accordingly order, that im̃ediately vpon the receipt hereof the said Arthur Goldsmith be discharged from the seruice of Sr George Yeardley and sett free, to be disposed of, accord- inge as his frendℯ shall thinke fitt: Prouided alwayes that if Sr Geo: Yeardley vpon this newe Contract shall haue deliuered him any Stocke, or haue bin at any charges with him, the said Stocke and charges shalbe satisfied and repaid to the said Sr Geo: Yeardley.

Sr Iohn Dãuers and some others beinge requested by the former Court to entreat the Deane of Paules to preach the Sermon before the Com- panie on Wedensday the i3th of Nouemb: did nowe make report that the Deanes Answeare was verie fauourable and respectiue of the Companie, and that hauinge acknowledged with many thanks that courtesie they had donn him, by choosinge him to be of their Counsell, hee seemed glad they had occasion to vse him in that kinde wherein he was able to do them seruice and therevpon promised to be ready at the time appointed to p̱forme their request, wch gaue the Companie very much content.

Capt: Iohn Martin presenting a petic̃on to the Court for reformac̃on of his Patent in such thingℯ as should be founde to transcend the

lymittac̃on of the Kingℯ Letters Patents vnto the Companie or hor hurtfull vnto the proceedingℯ of the Colony was admonished to sur- render it vp with all his defectℯ and exorbitances and take a newe wch although he refused to do at the first, yet vpon a better bethinkinge with himselfe, and the Companies faire [74] offer vnto him to graunt him a newe Patent with as large and ample priuiledges as any other Aduenturer wch from time to time they had alwaies offered vnto him, did at length freely and willingly deliuer vp the same in open Court to be cancelled wherevpon order was giuen for drawinge vp a newe Patent for him against the next Quarter Court.

Capt Bargraue herevpon tooke occasion to informe the Court that Capt Martin had of late (contrary to due forme and to the great wronge of the Companie) procured an order from the Right Honoble the Lord Keeper for sequestrac̃on of all his Cattle in Virginia; till the matter in difference between them were decided wch manner of proceedinge for that it did verie much concerne the Companie, he praied the Court would take it into their considerac̃on; wherevpon Capt: Martin made offer to referr the cause to any different men of the Companie, where- vnto the other agreeinge, Capt: Martin chose Sr Edw: Sackuill and Capt Bargraue Sr Iohn Brooke whome after both p̱ties had declared themselues willinge to submitt to their award and iudgement, the Court entreated to take some paines to heare and determine the differ- ences between them.

fforsomuch as the Afternoone was nowe farr spent the Court was ordered to be continued till all buissinesses were heard and ended.

Mr Iohn ffarrar acquainted the Court that Sr Arthur Ingram hauinge sent for him told him, That the Lord Treasuror was desirous to knowe the Companies resoluc̃on whither they would proceed in the Contract intended with the Kinge accordinge to the Propositions agreed on in their Quarter Courtℯ Touching wch Sr Arthur said he had onely one thinge more for my Lord Treasuror to moue vnto the Companie Vizt: That whereas in the former Propositions it was referred vnto a Comittee to consider what sortℯ of Spanish Tobacco should be brought into this Kingdome by the Companies his lp: desired it might nowe be resolued vpon to bringe in all of the best Varinaes wch Propositions beinge taken into considerac̃on by the Court These obiec̃ons were made against it vizt: That the graunt hereof should ∥would∥ dissolue the frame of the Bargaine formerly proposed, first because it would make an alterc̃aon in the prices and ratℯ they were agreed to sett vpon the Tobacco that should be brought in, and consequently that it would occasion the stealinge [75] in of much Spanish Tobacco, wch by the other meanes might be preuented, and lastly that it would much hinder the sale of the Virginia Tobacco: Besidℯ it was likewise doubted whither so great a quantitie as 40000 waight of the best Varinas could be had, seeinge it was more then was knowne to come of that sort into Spayne in some one yeares, so that to be tyed to bringe in the former quantitie could not but be verie inconvenient & preiudiciall vnto the Companies: Wherevnto answeare was made, that the Companies could not be tyed to p̱forme impossibilities, And besidℯ the eight Article of the Propositions did seeme to prouide against it, wch beinge read and aduised vpon, it was at length conceaued, that rather then the bargaine should be dissolued the former Propositions should be yealded vnto: And the rather because mr Iohn ffarrar did affirme that Sr Arthur did promise and protest, that this being graunted, there should be no other exception or alterac̃on in the bargaine but should proceed on accordingly in all pointℯ as was agreed by the Companie.

ffor the manner of yealdinge vnto it mr Wrote beinge desired to drawe vp a forme did it in manner followinge

It is agreed that it shalbe signified to the Lo: Treasuror that the Companies for Virginia and the Sum̃er Ilands, haue that affiance in his lps noble fauor towardℯ them, that they are contented to yeald to his lp: Proposition of bringinge in of the best sortℯ of Span- ish Tobacco to the quantitie of 40000 waight for the first two yeares of the Contract intended as the markett in Spaine will yeald at such times, as they buy the same, vnles his lp: shall otherwise dispence therewith for the Kings seruice and good of the Companies, wch Draft beinge presented to the Companie and read was well approued of and ratified by the Court, And after this Court being dissolued into a Som̃er Ilands Court and the same againe proposed vnto that Companie it was in like manner ratified and confirmed by them.

Vpon a moc̃on for a Patent for mr Iohn Palmer and his Associatℯ for a perticuler Plantac̃on vndertakinge to transport 10 100 p̳sons The Court gaue order for drawinge a Patent for him.

Mr Io: ffarrar passed ouer one of his shares of land of 100 acres in Virginia to mr Edmund Hun gent̃ wch was accordingly confirmed vnto him. [76]

Sr Henry Rich and the Lady Isabella his wife passed ouer fower shares of land in Virginia to mr Henry Percy (the said Shares beinge discended to the said Lady as the sole Daughter and heire of Sr Wal- ter Cope deceased) wch Assignemt the Auditors hauinge allowed the Court ratified and confirmed ∥vnto the said Henry Piercy.∥

Mr Henry Reinolds likewise passed ouer two shares vnto his Nephew mr William Vesie of Graies Inn gent̃ wch beinge allowed by the Audi- tors the Court also confirmed.

Mr Deputy brought vnto this Court in writinge the opinions of the Com̃ittee touchinge the registringe of Passengers names that goe to Virginia in Shipps sett out by priuate men and not by the Companie the Coppie whereof is entred in the next Court begininge in these wordℯ

The Comittees &

Wch beinge read the Court referred it to the Præparatiue Court to be further considered of in respect the time was nowe farr spent and the occasion of this great Assembly being purposely mett to goe to a Ser- mon wch was to be preached before the Company this Afternoon by the Deane of Paules. [77]

The Court beinge cheifely ordained for preparinge of buissines for the Quarter Court to consider of there was first read the opinions of the Com̃ittee sette downe in writinge touchinge the Registringe of Pas- sengers names that goe to Virginia in priuate Shipps the Coppie whereof doth here ensue

The Committees fynde that there are very greate inconveniencys for want of a perfect Register of all mens names that goe to Virginia: ffirst the Companie knoweth not what land is Due to men and euery Day vniust and false claimes are put vp especially vpon pretences of beinge heires to persons that haue and do transport thenselues freely.

Secondly ∥when∥ a reveiwe shalbe made in Virginia howe all men are possessed of their landeℯ wch wilbe most necessarie to be donn in reguard of the great Disorder ∥and lycentiousnes∥ wch men there vse in takinge out land and not due to them it wilbe a matter of great trouble to all private Planters that come ∥not∥ in the Companies Shipps to proue that they came ouer at their owne charges, and except they do, that it wilbe verie dangerous and vnsafe to the Companie to make confirmac̃on of landeℯ to them wch p̱happs others haue better right vnto.

Thirdly it is a thinge of marveylous great satisfacc̃on to all men whose frends goe to Virginia to vnderstand when and howe they went: and the contrary is of exceedinge discontent and greife diuers p̱sons cominge daylie from the far- thest parteℯ of England to enquire of frends and Kindred gonn to Virginia & because there is onely notice kep of them that goe in the Shipps vndertaken by the Companie there can be no Account giuen of the others whereby ariseth likewise a great disreputac̃on of ye Companie for want of iudgement and proui- dence in their proceedingeℯ. [78]

ffourthly the aduantage of an vncontrolled goeinge doth invite many lewd and wicked persons to robbe and steale from their frends Maisters Cr as hath bin founde by some examples in those Shipps wch the Company did not vndertake verie much to the disreputac̃on of the Acc̃on and on the contrary no such thinge hath happned in those Shipps, that are sett forth by the Companie wicked and infamous persons not daring to shewe themselues so much in the light and yet on the contrary, it hath not bin any hinderance to any honest minded persons who oppressed with pouerty and Debteℯ haue of necessity and not wickedly bin constrained to goe.

ffor the redressinge of these and many other great inconveniences: The Com̃it- tees conceaue these remeadies.

ffirst that it should be published and made knowne by a lawe and order that all persons Desirous to goe to Virginia should giue vp their names to the Comp- anie and that no Maisters of Shipps should presume to carry any without giuinge vp the name of the person to the Companie.

Secondly that for the receauinge of Passengers names there should be a per- ticuler Officer appointed wch they conceaue fittest to be ye Bookeeper who should towardeℯ the goeinge of euery Shippe attend two or three dayes in the weeke at the howse where the Courteℯ are kept to receaue the names of all such persons as are to goe to Virginia.

The said Officer shall in a booke booke register euery mans name age Coun- try profession and kindred and likewise whither he goe at his owne charge or other, ffor doeinge whereof he shall haue from the party such a ffee as the Quarter Courteℯ shall from time to time order him; And it beinge a smale matter, it cannot but be gladly giuen of the party in reguard that it wilbe his evidence for the settinge out of his land in Virginia.

The said Officer shall by euery Shippinge send a Coppie of all the p̱sons names as formerly registred vnto the Gouernor and Counsell of State and from them shalbe yearely returned an Account what and howe the p̱sons come in euery Shippe haue bin disposed and bestowed, to the intent that their frendeℯ here vpon enquiry may receaue satisfacc̃on.

The said Officer shall not reveale afore the Shippe be gonne the names of any Passenger who shall desire to haue his name kept secrett, except that he knowe him to be a malefactor, vnworthy to goe, and if any shall come to enquire of any such person desiring to be kept secret the said Officer shall demaund of those that enquire the reason of their enquiry and shall therewith acquaint the Treasuror and followe such Direcc̃ons as he shall receaue from him either for the manifestinge or concealinge of the party.

ffor the Shipps that goe not from London but from other parteℯ they thinke fitt, the mr should be bound by his Com̃ission to returne vnto ye officer here at London a list of the names as is formerly expressed to be registred here in the Companies booke together with the ffee for the same, neither shall they require therefore but one single fee.

Wch orders beinge read were well liked of and referred to the Quartr Court for confirmac̃on. [79]

Sr Edward Sackuill acquainted the Court that Captaine Martin had made greiuous complainte vnto him, that the newe Patent vpon the resignac̃on of his old ordered to be drawne was with such condic̃ons, as he was not able to p̱forme, and verie much to his wronge and pre- iudice beinge abridged of a great quantitie of land that was due vnto him, and namely that therein he was bound to carrie 100 men, wch he could haue no hope to doe by reason of his weake estate: To wch Answeare was made that there was not intended a forfeiture of his Patent if that condic̃on were not performed to the full, but onely a quantity of land proporc̃onable to the number of men wch he should carry.

ffor the second pointe Captaine Martin pretended he was cut short and abridged of a great deale of land giuen him by his former Patent wch beinge called for and read it was found to be an vniust and vntrue complaint for all the land giuen him in the former was also giuen him in this newe Patent, But Capt: Martin pretended that whereas in the first Patent there was giuen vnto him 10 Shares for the reward of his great Seruices, as is there expressed, That euery one of those Shares ought to be 500 acres of land and so there was due vnto him 5000 acres vpon that ground, for wch he desired that the Spott of land (as he called it) wherein he formerly planted beinge about 6000 acres of ground should be sett out vnto him: But the Court hauinge neuer heard before of any such matter, and findinge it directly by the Kings Letters Patents, that a share should not be aboue 100 acres, would not consent vnto Capt: Martins Demaund, As for giuinge him any land by waye of gratuity havinge bin once recompenced to the full by the iudgement of his best frendeℯ (as by his Patent appeareth,) the Court sawe no reasons to bestowe any newe fauors in this kinde vpon him, consideringe that since that time he had donne nothinge of seruice to the Colony of Virginia and here at home, had of late so wronged the Company, as but that the Companie had a respect to their owne honor in nobly passinge ouer iniuries, and so to some p̱sons of honor who did interceed for him here, but they should haue thought and endeau- oured to haue him punished and made an example: But yet he per- sistinge in his opinion, the Court gaue him time till the Quarter to make proufe that there was euer any such thinge ordered as that a single share should be accounted 500 acres. [80]

Sr Edwin Sandys signified that the Ea: of Southampton and himselfe had lately bin with my Lo Treasuror, to moue his lp: that the Con- tract intended with the Kinge might be brought to some conclusion at this Quarter Court: Wherevpon it pleased his lp: to promise to send the Articles as they had bin formerly agreed on and signed with his hand and with the addic̃on onely of that Clause touchinge the bringinge in of virinaes, so that Sr Edwin Said he expected they would be brought in before the risinge of this Court.

Wherevpon mr Deputy tooke occasion to moue that seeinge the bar- gaine was so like to goe forward accordinge to the condic̃ons agreed on by both Companies that it was high time to thinke of the man- aginge and ordered thereof, in reguard ∥that∥ all the Tobacco from the Sum̃er Ilandeℯ and a great quantitie from Virginia was like to come home before the next Quarter Court, and for taking order for bring- inge home of the Spanish Tobacco, it was not without great preiudice alreadie so longe delayed as had bin signified vnto him by diuers skill- full Marchaunteℯ, wch mr Bennett beinge in the Court did likewise affirme.

ffor the takinge therefore of these thingeℯ into ∥their∥ considerac̃on and ye makinge some kinde of preparac̃on against the Quarter Court, The Court appointed ∥acquainted∥ the Com̃ittee hereafter chosen out of the Companies the 5o Iunij last vizt

who were entreated to meet about it to morrowe in the morninge after- noon ∥at 3 of the clock∥ at mr Deputy ffarrars howse and afterward at such time as they shall thinke most convenient, And the Court further declared their mindeℯ and intenteℯ that since they could not (wch they much desired) avoide the bringinge in of Spanish Tobacco and that of the best Varinaes they thought it fitt both for the publique good of the Plantac̃ons and Companie, and also in reguard it was likely to be a matter of p̳fitt that it should be p̱formed, by the Brothers of the Companie (who with their paines and purses haue vpheld the Plantac̃on) and not to admitt any Strangers into it (whereof it was conceaued many would be verie desirous) except such as should buy any fower shares of land of the Companie of 12li 10 the Share, a course ∥wch∥ vpon wch the like occasion was held for the admittinge men into the Sum̃er Ilandeℯ Companie, these thingeℯ beinge put to the question were by erecc̃on of handeℯ confirmed.

After this was read the orders of the former Com̃ittee touchinge the Registringe of Contracteℯ between priuate men of the Company and their Servanteℯ the Coppie whereof doth here ensue.

The Committees fynde many greate inconveniencieℯ and Abuses in the Carri- ing over of Servanteℯ to Virginia vpon condic̃ons and bargaines made by worde of mouth onely.

ffirst diuers vngodly people that haue onely respect of their owne proffitt do allure and entice younge and simple people to be at the whole charge of trans- portinge themselues and yet for diuers yeares to binde themselues Servanteℯ to them vpon hopes and promises of such rewards and recompence at the expira- c̃on of their times as they are no waye able to performe, but because the promise is onely made by worde of mouth and without wittnesse; at least of any that do vnderstand the affaires of the Plantation they are bold to promise many things whatsoeuer and in this kinde Diuers complainteℯ haue come of late of ffathers and others abused in settinge forth his Children and Kindred.

Secondly there comes Daylie complainteℯ from Virginia of people that are kept and Detained Servanteℯ by their Maisters, longer then the time couenanted wch because it was not expressed nor manifested by writinge the Maister as the stronger party takeℯ advantage to prolong as himselfe thinkeℯ good.

Thirdly whatsoeuer the condic̃ons haue bin here yet when the Servant is come into Virginia if he cannot shewe the contrary in writinge the Maister makeℯ his seruice of the longest and hardest nature of seruice and either by faire or fowle meanes the poore seruant is enticed or constrained there to enter coue- nanteℯ in writinge, & those such as he would haue here neuer haue yelded vnto, and in this respect diuers Planters do pollitiquely forbeare from makinge Couenanteℯ here and reserues it to be Donn in Virginia.

And on the contrary as by this meanes the Servanteℯ are oppressed by those Planters that carry them ouer: So likewise the Aduenturers here that send ouer Servanteℯ either without condic̃ons in writinge as many do, or vpon con- dic̃ons drawne by ordinary Scriueners who not vnderstandinge the different nature of seruice there and here make confused and p̱plexed Couenanteℯ and nothinge at all expressing [82] the true meaninge of the party wronged and abused by the Servant sent ouer, who either pretend their time of seruice to be shorter then indeed it is, or eleℯ challenge greater reward and wages then was promised and generally Dem̃aund all such benifitteℯ as the most aduantage- able condic̃ons of seruice that they can heare of enioyeth although there was noe such thinge intended in their Contracts.

Nowe for the full redresse of these abuses and for preventinge and avoyding that neither Servanteℯ be oppressed by vniust Maisters there nor Servants §Maisters§ here wronged and abused by faithles servanteℯ there and to the intent that all thingeℯ beinge clearely and plainely expressed, iustice and right may be had and performed on both parteℯ: The Comittees Do thinke it fitt that there should be lawe and order made that all men that shall send or carry Servanteℯ or Tenanteℯ to Virginia should binde the said Tenanteℯ or Servanteℯ vnto them by Couenanteℯ in writinge and that Coppies thereof should remayne here in the Court.

To wch intent they thinke fitt the Companie should make choise of some man expert of these affaires of the Plantation and nature of the Acc̃on who should Drawe and engrosse all such Couenanteℯ accordinge to the heads presented vnto him, and should see the sealinge and Deliuery of ye Couenanteℯ by either party and this Officer should send Coppies of all such Couenanteℯ 1

Written over the word "Contracteℯ."

to Virginia by euery Shippe that goeth wch should there by some Officer to that purpose chosen be kept safe and orderly to the intent that vpon complaint of wronge either §by§ Mr or Servant right and Iustice might be donn to the party greiued.

They thinke fitt likewise that the Com̃ittee appointed for petic̃ons should at some certaine times consider and pervse these kinde of Contracts to ye intent that if they shall finde any of vniust and vnchristian nature as oppressiue or otherwise they may be dissanulled and made voide. They thinke likewise in fauor and encouragement of poore people that goe Servanteℯ that such wages and rewardeℯ as are promised them at the expirac̃on of their seruice should be paid and Discharged by their Maisters to the full and that they should haue a precedency of all other Debteℯ whatsoeuer except those that are due vnto the generall Companie.

They thinke fitt that the Officer for his Draweinge of these Contracts should haue a reasonable fee proporconable to that wch is paid here in London for Contracts of the like kinde.

They conceaue that this cannot be any way greiuous vnto any man for the thinge it self is of absolute necessity that the Couenanteℯ & condic̃ons should be expressed in writing & exceedinge benificiall to all that meane honestly and that the Drawinge of them should be by an Officer chosen by the Companie and not by any other, is the practise of all other Companies and Societies, and in the Virginia Companie so much more necessarily to be practised by howe much more it is their Duety to endeauor that all ye affaires and acc̃ons of the Colony in Virginia should haue a dependancy vpon the Companie here and thereby they may be more closely cymented vnto this State, and besideℯ it seemeth vnto ye Comittees a verie fitt ∥that all∥ euidence pledable in Virginia should either originally or at least by Attestac̃on be made Records of this Court.

Wch beinge read the Court did well like of referringe the confirmac̃on ∥ratification∥ of them, as also the appointinge of fitt Officers for this buissines vnto the Quarter Court. [83]

The Patenteℯ appointed to be drawne vpp against this Court were read and compared and beinge found agreeable to former Presidenteℯ were referred to the Afternoones Court for confirmac̃on vizt

A Patent to mr Iames Steward of Buckham in Scotland esq̢.

A Patent to Tho: Graues of Doublin in the Realme of Ireland gent̃.

A Patent to Capta: Sam: Mathewes.

A Patent to Christo: Leuett of Sherburne in the County of Dorsett̃ gent̃.

A Patent to Iohn Palmer gent̃.

A Patent to Wm Dilke of Clementeℯ Inn in the County of Midd̃ gent̃.

A Patent to ffran: Baldwin.

All wch haue vndertaken to transport 100 p̱sons a peece to Virginia.

Mr Deputy acquainted the Court that the moneyes for the Magazine were nowe due, and certified them that himselfe and mr Barbor had disbursed well neare 250li for settinge forth of the Shippwrighteℯ wch was to be repaid out of the said moneyes and that also he had dis- bursed for the settinge forth of the people lately sent to Martins Hundred aboue 100li wch was to be repaide from the Magazine. To wch Magazine about 3 yeares and a halfe agoe the Society of Martins Hundred had paid in 80li to the intent there should be deliuered ten kine in Virginia wch were neuer deliuered to their people, but sold by mr Abraham Peirs the Capm9cht at i5li a Cowe and the proceed thereof returned to the Account of the Magazine.

Hee further also acquainted them that mr Bull and mr Caswell the Treasuror had for the reliefe of the Colony in Virginia taken vp 200li worth of meale vpon their Billeℯ wch was to be satisfied them, out of the moneyes of this Magazine: Diuers Brothers of the Company hauinge in the last Roll of Subscription vnderwritt and promised to aduenture these seuerall Somes that that should be due to them vpon the [84] diuision of these moneyes nowe due: Nowe in reguard that these disbursmenteℯ had bin made by himselfe, and others for the seruice of the Companie here, and exceedingly for the aduancemt and releife of the Plantac̃ons and Colony, Hee desired that the Court would giue order to the Tr̃ers of the Magazine instantly to demaund paymenteℯ of the money accordinglie as was agreed, to the intent him- selfe and others beinge satisfied ∥of∥ the moneyes due vnto them (whereof at present he had verie great vse) might be encouraged and thereby enhabled to doe the Companie seruice in the like kindeℯ vpon ∥then∥ wch nothinge was more needfull, in reguard that daylie there was disbursementeℯ to be made for the Companies publique affaires wch hardly himselfe or any other would be p̱swaded to doe, except they should herein finde ye Compã very carefull of their safties and satis- facc̃on: And beinge further testified and approued vnto the Court that the Bargaine and Contract was made with mr Essington to paye at the daye precisely And also that although in the makinge of the bargaine mr Essington had by worde of mouth promised to paye in 200li within a Month; yet neuertheles he would not do it except he had allowance of 10li p̱ Centũ for the time he paide it in before, wch accordingly the Treasurors were forced to buy ∥giue∥: The Court thought themselues the lessed to forbeare the money longer then the daye, and besideℯ that it was ∥were∥ a verie vniust and vnworthie thinge in them, for to do mr Essington courtesie, to do so greate wronge and discourtesie to mr Deputy and others who had bin longe out of their moneyes: wherefore it was ordered that the Treasurors should the next daye after, demaund payment of mr Essington of the moneyes due, and earnestly solicited the same: And in case that within 14 dayes after it was donn due at the furthest they receaued it not, they should then put the Bill of mr Essington and his Partners in suite, And this was so much the rather ordered because they were informed by the Treasurors that mr Essington had some fowerteen dayes or three weekeℯ agoe told them that he was to stopp 400li for the vse of Sr Samuell Argall, in reguard that certaine Billeℯ of Exchange wch he brought ouer wch him from mr Peirs, were not paid, but mr Peirs hauinge ∥being∥ priuately examined about the matter, had dis- couered that those billeℯ beinge not paid here in England were sent backe vnto him againe and that therevpon he had made satisfacc̃on for them to the full in Tobacco and brought it to the Account of the Magazine as appeared fairely in his booke, wch mr Essington hauinge, could not be ignorant of: Wherevpon the Treasuror mr Bull certified the Court that that was but a Cauill, that since that mr Essington had againe pretended that mr Alderman Iohnson would stopp some of the moneyes for payment (as he said) of certaine Som̃es, for wch he stood [85] engaged for the Magazine Account and were yet vndischarged, But this mr Bull the Treasuror made answeare (as he affirmed) that if Alderm: Iohnson could rightly ∥iustly∥ claime any thinge of ye Magazine he should be iustly paid; But as for Shippinge of any of these moneyes he could not allowe it Wch were to be paid vnto him and mr Caswell (the billeℯ beinge made vnto them) and accordingly mr Essington was to resolue to doe: wch Answeare the Court well liked of and thought fitt.

And because the moneyes beinge paid in it wer fitt to knowe what each man was to receaue and that the auccount should be fully and perfectly audited, to the entent thereby that the great scandall and imputac̃on wch lay vpon the Company and for this vnthriftie and per- nitious enterprize, wch had somuch distasted the Colony in Virginia, and yet exceedingly impaired the Estate of the Aduenturers here, might either be altogether taken awaye or at least laid vpon them, whoe did deserue it: It was by many moc̃oned that nowe at last they might come to the true knowledge of the State and carriage of that Magazine wch was conceaued would be donn by an exact Survey and audite aswell of the Accounteℯ kept here as of those brought home by the Capemarchant as also by the p̱vsall of the Letters and Instructions mutually giuen and returned on both p̱ties, to Wch intent there were nominated diuers Auditors vizt

The Court seemed verie apprehensiue of this matter, in reguard of some fresh examples where the strict p̱vsall of Accounteℯ had brought forth verie great proffitt vpon some Vndertakingeℯ wch heretofore vsed to come forth with losse or verie litle benifitt not to be spoken of: And therevpon it was by erecc̃on of handeℯ ordered that mr Bull mr Mellinge and mr Cuffe should desire of mr Essington and mr Peirs the Capemarchant the seuerall Accounteℯ Letters and Instrucc̃ons wch if they should not willingly doe * * * ∥although they sawe no rea- son why∥ they should not trust them (there beinge no possibility to falsifie or alter any thinge) they were then to require them in the Companies and Aduenturors name to giue them Coppies thereof, and for the transcribinge, it was ordered the Magazine should allowe them and this course beinge so iust and reasonable they conceaued the Accountanteℯ would not be against, neither to denie it, nor to delaye it, either of wch thingeℯ, if they should goe about to doe, the Court professed and declared that they would therein seeke such remeady as befitted them vpon so plaine wronge and abuse.

Mr Deputy acquainted the Court with a Noble Guift of the Lo: St Iohn of Basinge (vizt) 60 Coteℯ of Male wch for the defence of the Country at the moc̃on of Sr Iohn Dãuers in the name of the Companie he sent vp in August last and were sent in the Abigaile: The Court so kindly accepted both of the Guift, and the manner, as they thought fitt, that in their name verie harty thankeℯ should be presented vnto his Honor, and vnderstandinge of the singular affecc̃on, wch his lp: by his Letter proffessed vnto the Plantation, they thought fitt to choose him of the Counsell, and to bestowe on his lp: 10 Shares of land old Aduenture wch by erecc̃on of handeℯ were confirmed hopinge that therevpon, he would affoord them his presence and assistance here, and perhapps the right to so much land might invite his lp: to the perticuler plant- inge of it, to the encrease and aduancement of the Colony.

And forsomuch as Sr Iohn Brooke besideℯ his auncient Aduenture, had for a whole yeare frequented the Courteℯ and with his Counsell and other meanes bin assistant in all the Companies buissinesses duringe that time: The Court thought fitt to choose them of their Counsell wch by erecc̃on of handeℯ was confirmed.

Mr Deputy ∥further∥ acquainted the Company that mr George Ruggle lately fellowe of Clare hall in Cambridge beinge a Brother of the Company and newly deceased (wch he said he could not without great greife menc̃on) had by his will bequeathed 100li for the educac̃on of Infidelleℯ Children wch he had caused to be put vpp into the Table: wch the Court well approued of; but seemed (at least the most part) to be vtterly ignorant of the person or qualities of the man: Where- vpon desiringe to be informed of both; mr Deputy told them that he was a man [87] second to none in knowledge of all manner of humanity, learninge, and was so generally reputed in the Vniuersity of singuler honestie and integritie of life, sincere and zealous in Religion, and of verie great wisdome and vnderstandinge: All wch good parteℯ he had for these last three yeares, wholly almost spent and exercised in Virginia buissinesses, hauinge (besideℯ continually assist- inge his Brothers and himself with Counsell and all manner of helpe in their places) written sundrie treatises, for the benifitt of the Plan- tation and in p̱ticuler that worke so highly com̃ended by Sr Edwin Sandys, concerninge the Gouermt of Virginia but such was his mod- estie that he would by no meanes suffer it to be knowne duringe his life: But nowe beinge dead, mr Deputy said he could not with a good conscience, depriue him of that Honor wch he so duely deserued.

Mr Deputy moued the Court that whereas from his Matie and the Lordeℯ of his most Honoble Priuy Counsell the Companie had receaued a graceous and fauourable Answeare touchinge the sendinge of 400 men out of the seuerall Sheires to Virginia in supplie of those that perished by the Infidells that the prosecutinge and followinge of that moc̃on might be recomended to the Honoble Lordeℯ whose presence was in the Afternoone expected wch was thought verie reasonable necessarie and ordered.

After the readinge of the former Quarter Court, there was reade the Præparatiue Court and ye Court held this day in the morninge, and the seauen Patenteℯ wch were then compared and approued of as also diuers other buissinesses proposed in the said Courteℯ were nowe put to the question and by a generall erecc̃on of handeℯ ratified and confirmed.

The Ea: of Southampton acquainted the Court that he had that morn- ing receaued from the Lord Treasuror by Sr Arthur Ingram certaine p̳posic̃ons (concerninge the Contract) wch Sr Arthur Ingram certified by his letter that the Lord Treasuror would confirme and ratifie wch out any further variac̃on at all, if the Companie would yeald therevnto.

The Proposic̃ons beinge read mr Deputy said that the difference of them nowe sent from these formerly propounded by the Companie was the cause that had so longe kept their ɫps in Counsell, and for the differences (after an exact pervsall,) they found them to be these (vizt:) that the 9th Article was left out, and two newe ones added wch in these newe Propositions were the eight and Tenth Article, whereof the first giuinge a Third yeare for the bringinge in of the 80000 wtt of Spanish Tobacco, in case it could not be conveniently donne in the two first was by their ll͠ps and all the Counsell conceaued to be a matter of advantage and benifitt, but the ∥two∥ other were the thingeℯ that they were nowe to take into their considerac̃on: ffor the first wch was the 9th Article left out, concerninge the settinge of a rate and price vpon the Tobacco aswell for the Companie as the Retaylors, Sr Edwin Sandys said that the Lo: Treasuror did therefore leaue it out, because he thought it ∥it is thought∥ needles at least the first part for settinge a price vponn the Companies Tobacco it beinge in their power to do what they would therein And for the rest that in case the price should be stinted in the Proclamation, it would not be in the Com- panies power afterwardeℯ to raise it wch hee esteemed might proue of so great dam̃age vnto them as if they knewe themselues they would no waye desire it: Against this it was obiected that the restrayninge of the imoderate prices of Tobacco by stintinge it at a reasonable rate would be of great reputac̃on to the Companie; in reguard that thereby men should not haue the occasion so much as to wast their estateℯ: and further, that by stintinge it at a reasonable price, would cause that men would not so boldly adventure to steale it in, when the dan- ger and hazard was so great if they were taken, and the gaine could not be great though they escaped: And this the Companie Com̃ittee in their first consultac̃ons, had conceaued to be one of the mayne Stopps and barr to keepe out Spanish Tobacco: To wch it was replied that the prices could not be so lowe stinted, but with such a largenes as there would be lefte a verie great deale of aduantage to them, that could steale it in, wherefore that preuention would not in effect proue of that waight as was conceaued: And for the first obiection, it was said, that if the Companie from the first hand did sell at indifferent rateℯ, it was impossible for the Retaylors, for the Retaylors any longe time to sell at excessiue prices, for all men would after a short while fetch it of the Companies as it were at the Wellhead, if they found they were exacted vpon by the Retaylors. [89]

It was moued by some that if it were not fitt the prices be stinted by the Proclamation, yet it might be agreed, that the Companies should haue a power to stint it from time to time as they pleased: but that was generally adiudged to be a thinge contrary to all the rateℯ of trad- inge and of equity, and such as no Retaylers would deale with the Companie vpon, for havinge the sole sale in their handeℯ, it was in their power to haue what they would of them, and if likewise it were in their power afterward to sett their prices, it would be in their handes at all times for their owne aduantage to vndoe them, neither was this Proposition thought to be sufficiently qualified by a moc̃on wch some made, to restraine the alterac̃on of prices to two sett times of the yeare onely, wherefore after longe and serious debatinge of the point, it was put to the question and by handeℯ ordered, that that article as the Lord Treasuror desired should be cleane lefte out.

ffor the second Proposic̃on it was after much debate and reasoninge thought to be soe dangerous as the Companies might noe waye there- vnto agree, It beinge conceaued that estimac̃on of the dam̃age might be so great as might vtterly vndoe the Companies, wherefore it was thought most necessarie to desire a qualificac̃on of that Proposition and to reduce the danger vnto some kinde of certainty if nothinge eles could be obtained: To wch intent the Ea: of Southampton was humbly requested by the Court together with Sr Edwin Sandys to treat with the Lo: Treasuror thereabout and to bringe it to such forme as might be tollerable; wch if it could be obtayned in any reasonable sort, the Companie seemed willinge to accept of it, And whereas nowe noth- inge could be concluded, the Court did transmitt the power of it fully ratifyinge and confirminge the bargaine and Contract vnto the Quar- ter Court for the Sum̃er Ilandeℯ to be held the Wedensday after; wherevnto all the Aduenturers were likewise to be warned. And although in this pointe, the letter of the lawe lawe might in rigor seeme somewhat violated, yet the necessity beinge duely considered, and withall that the Sum̃er Ilandeℯ Companie is equally engaged in the buissinesses and that all the perticuler Members thereof are of the Companie of Virginia; It was not thought or adiudged any vniustice or wronge by waye of consequence to conclude in a Sum̃er Ilandeℯ Quarter Court the bargaine for the Virginia Companie, no more then it was for the Sum̃er Ilandeℯ Companie to be included by waye of anticipac̃on in the bargaine, that was at the last Virginia Quarter Court passed for both, and further it was ordered that a Virginia Court should be warned ∥in∥ on ffriday beinge the Præparatiue Court for the Sum̃er Ilands, ∥and∥ therein to take such further resoluc̃on as should be thought fitt.

Capt: Martin moued the Court that for somuch as they would not graunt him that proporc̃on of land wch he pretended to be due vnto him (wch he said ought to be 500 acres for a share) they would rede- liuer vnto him his old Patent, The Court blaminge him much for his impertinences and obstinacy gaue him for his last and resolute Answeare that if he would accept of such a Patent as they could graunt, he should haue it with as [90] ample priuiledges as had bin graunted to the Ea: of Southampton or any other Aduenturer what- soeuer: But for his old Patent, it could not be redeliuered vnto him beinge voide not somuch by his last resignac̃on, as by the Graunt it selfe.

It was ordered that the Bookeep̱ should haue the registringe of Pas- sengers names that goes to Virginia as also of the Contracteℯ between Masters and Seruanteℯ that are sent thither.

Mr Wrote moued, that in respect the Companies Suite with mr Wye hath nowe almost three yeares depended in the Admiralty, and he and mr Berblocke hauinge followed it with much ∥all∥ care and diligence, and yet can haue no end of it that the Companie would thinke vpon some course that it might come to a Conclusion: Wherevpon the Court were humble Suitors vnto the Lo: Cauendish that he would in the Companies name moue the Iudge for a finall end this Terme. 1

The decree given in December is referred to in List of Records, No. 379, Vol. I, page 161, ante.

At a ∥Preparatiue∥ Court held for Virginia ∥the Sumer Ilands∥ on Friday the 22TH of NouembR 1622 beinge the Sum̃er Ilands Præ paratiue Court day Present Right Honoble

This daye beinge the Præparatiue Court for the Sum̃er Ilands; after that the Sum̃er Ilandeℯ Court had passed all the perticuler buissinesses that were to be considered of and come to the great matter, the Con- tract with his [91] Matie they thinkinge it most convenient to receaue the informac̃on of what the Ea: of Southampton and Sr Edwin San- dys had donne concerninge the qualificac̃on of the Proposition referred vnto them by the Virginia Quarter Court from them as in a Virginia Court desired that the Sum̃er Ilandeℯ Court beinge suspended a Vir- ginia Court might begin wch accordingly was donn, the Ea: of South- ampton takinge the Chaire.

And after a recapitulac̃on of all that had passed the Quarter Court, he presented ∥the∥ eight Propositions qualified in manner followinge (vizt:)

And it is desired that an indifferent Couenant be drawne vp by his Mats learned Counsell and the Counsell for Virginia and the Sum̃er Ilands, that in case an extraordinary charge shall haue bin laid vpon the said Varinaes Tobacco by the State of Spayne since the feast of St Michaell the Archangell last past (beinge the time since §whence§ this Contract is to haue begininge) or hereafter shall be laid duringe the time of three yeares from thence next ensuinge more then was at the said feast of St Michaell last past in such cases the Com- panies shalbe clearely discharged of their said Couenant of bringing in of Spanish Tobacco from the time the said extraordinary charge shalbe laide vntill it be reversed and after the reversinge thereof, the quantity of the best varinaes Tobacco wch shall then remayne vnbrought in of the said fowerscore thousand waight shalbe brought in within the compasse of the first three yeares wch shalbe or haue bin cleare from the said extraordinary charge to be computed from the bringinge of this Contract, and in case there appeare any prac- tise by the ∥sd∥ Merchanteℯ of Spayne or others by meanes whereof the said Companies cannot make their Prouisions of the said quanti- tie of the best varinaes Tobacco as they haue agreed vnto but to their excessiue charge; In such case the Companies not to be pressed vpon the said Couenant in extreamity, but to make his Matie such satisfacc̃on as shalbe iust and conscionable, but if by the practise and fraude, or negligence of the said Companies their factors or Deputies the said quantitie of 80000 waight of the best Varinaes Tobacco shall not be imported within the compasse of the said first three yeares, then the said Companies shalbe answeareable to his Matie for euery pound waight so wantinge of the said Varinaes Tobacco belonginge to his Mats Third after the rate of 10s, the pound waight.

Wch beinge read the Ea: of Southampton acquainted them that although the wordeℯ were drawne vp by Sr Edwin Sandys yet it was directly accordinge to their agreement with my Lo: Treasuror and that his lp: gaue them order so to sett it downe, and that (he said) was all and the best that they could obtaine, wherefore he willed the Companie would deliuer their mindeℯ freely whither they would in this manner accept of the bargaine or noe: Wherevpon although there were some fewe exceptions taken at it, yet in the end the Court seemed to conceaue a necessity in concludinge the Bargaine for the mainetenance and vpholdinge of the Plantation and that hauinge yealded to so many thingeℯ certainely preiudiciall to him ∥vnto them∥ in matter of proffitt it were not wisedome nowe to breake vpon feare of vncertaine dangers wch they might easily (by Godeℯ blessinge) through good care and proff prouidence ouercome: wherefore esteeminge of this bargaine [92] (as they were aduised by a noble and Honoble person) not as good meat well sawced but of a porc̃on necessarie for their health beinge willing (as his lp: said) deuorare molestiam of this bitter pill, they desired the Ea: of Southampton to put it to the question: Wherevpon the Article by erecc̃on of handeℯ was confirmed ∥and approued∥ accordingly as it was read: After, of Bar wch his lp: said, that since nowe they were in such liklyhood to conclude the bargaine, himselfe and the rest of the Lordeℯ together with the Counsell and Com̃ittee wch had mett vpon Tuesday before the Quarter Court, thought it most requisite to nominate some of the principall Officers who were to haue the orderinge and managing of this buissi- nes: wch beinge well chosen both for sufficiency and integrity, would giue much encouragement and content to both the Companies and Collonies and all others that had interest in this buissines, Herevpon the Lord Cauendish acquainted the Court that the Com̃ittee thought that there was to be one chiefe man to gouerne and direct all, and that next vnder him, there should be a Deputy and then a Treasurer and next them 8: Com̃ittees at the least besideℯ the Officers as for the places of Deputy and Treasuror although they were two distinct places and Offices, yet because they were afraide this yeare not to be able to raise such a sufficiencie of meanes as might be a iust reward to two such p̱sons as were requisite for the p̱formance of those seuerall places they thought it best to vnite them for this yeare and that the Treas- uror besideℯ the charge of that office should likewise be the Deputy to the Director, wch ∥course∥ the Court seemed well to like of and there- vpon nominated Sr Edwin Sandys for Director, who very earnestly besought them to spare him, beinge vnexperienced in matter of mar- chandizinge and tradinge, of both wch that Officer would require exact knowledge, besideℯ he could not continually reside in Towne havinge a great family in the Country, and began nowe as he grewe old to waxe weake, and therefore purposed rather to withdrawe himselfe from buissinesses of the world then to engage himselfe further, But the Court not satisfied with his reasons earnestly pressed him (and in per- ticuler the Ea: of Southampton and the other Lordeℯ) not to refuse the place wherein he might do soe singuler seruice vnto the Planta- c̃on, the whole welfare of which did almost depend vpon the good managinge of this buissines, wherevpon by a generall vote of the Court it beinge put to the question he was nominated to stand in elec- c̃on for that place at the Quarter Court.

Next the Court proceeded to the nominac̃on of a Treasuror, for wch proposinge mr Iohn ffarrar he desired the Companie to consider what a burden of buissines they had already laid vpon him wch had made him to neglect his owne priuate estate, for almost these fower yeares together: All wch although the Court acknowledged yet they held him so fitt a man for that buissines ∥as∥ that they would propose no other to be Treasuror, and therevpon beinge put to the question, he was by a generall erecc̃on of handeℯ nominated to stand in elecc̃on for the place of Treasuror, wherevnto at last he submitted himselfe As for the nominatinge of the Com̃ittees and other Officers with the Salaries the Ea: of Southampton thought it most fitt to leaue it to the con- siderac̃on of the Quarter Court on the next Wedensday. [93]

Sr Iohn Brooke moued that in reguard Captaine Martin went away from the last Court so ill satisfied in his buissines, and had therevpon not spared to wronge some worthie members of this Companie verie well deservinge with his clamerous reporteℯ, in such a manner as if himselfe had bin so vsed he would neuer haue come to the Courteℯ againe without reparac̃on ∥reparation∥, that therefore there might be a meetinge on purpose to heare what he could saye for him- selfe, at wch meetinge he wished the mr of the Rolleℯ (vnto whome he was allied) might be also entreated to ∥be∥ present: Wherevpon it was ordered that mr Deputy should giue notice to the Mr of the Rolleℯ that the Companie would be ready to attend his Honor about Capt: Martin, whensoeuer it should please him to appointe a meetinge.

A request was made in the behalfe of one Iohn Waller an auncient Planter in Virginia that forasmuch as he paid in to Sr Tho: Smith 30li in Ianuary i606 as appeared by a Note vnder Sr Tho: Smiths hand (nowe presented in Court) that therefore the Companie would please to graunt him a ratable proporc̃on of land for his said aduenture, as also reforme the Printed booke, where he ∥is∥ acknowledged to haue paid only 5li Wherevpon it was ordered that the Secretary should repaire to Sr Tho: Smith and shewe him the said Note, wch if Sr Tho: did acknowledge to be his hand, he should be allowed the proporc̃on of land due vnto him for his said money and be also rectified in the Booke.

This day was held the Quarter Court for the Sum̃er who beinge come to the great buissines of the Contract, it was moued by the Lo: Cau- endish that the propoundinge debatinge and passinge of all those thingeℯ concerninge the matter reserued for that daye might be first ordered and p̱formed in a Virginia Court wch was thought verie fitt and therevpon the Ea: of Southampton tooke the chaire, and because it was somewhat late, he put the continuance of the Court after 6: of the Clocke to the question wch was by erecc̃on of handeℯ ratified.

His lp: then signified vnto them, that accordinge to the request of the Quarter Court himselfe and Sr Edwin Sandys had obtayned of the Lord Treasuror a qualificac̃on of the 8: Proposition; wch was the onely thinge left vnconcluded by the Virginia Companie, wch qualificac̃on havinge bin presented to the Præparatiue Court for the Sum̃er Ilands and approued by them and likewise well approued of by the Virginia Court held the same daye; he had caused the Propositions agreed vpon to be presented to the Lord Treasuror, who had signed them with his hand wch his lp: shewed vnto the Court without any manner of alterac̃on in any thinge from that wch the Court desired onely hau- inge strooke out certen wordeℯ in the seauẽth ∥Article∥ for some rea- sons as his lp: by his letter signified no waye importinge the Comp- anie nor the Contract, wch wordeℯ the Court adiudginge not to be materiall nor of moment thought fitt therein to giue the Lord Treas- uror satisfacc̃on and the rather because the Lord Treasuror (as the Ea: of Southampton shewed them) had so willingly let the worde (Receaued) stand, wch the Companie had enterlyned after the worde (profitt) in the sixt Article for the better clearinge of the doubt they then made about it.

Herevpon after some pause, the Court seeminge all well satisfied and contented and no obiecc̃on or scruple beinge made by any, the Ea: of Southampton said, that if they so desired, he would put both the eight Proposition as it was qualified and the whole Bargaine to the question wch the Court generally desired, and therevpon his lp: puttinge both to the question, the eight Article (as it was qualified) and the whole bargaine the same was ratified and confirmed with an vnanimous con- sent by a generall erecc̃on of handeℯ no one dissentinge.

This beinge donne ∥passed∥ the Ea: of Southampton said that since they had nowe concluded the Contract they were to take order for the good execuc̃on and performance thereof by the choise of able and faithfull Officers to manage the buissines with Salaries proporc̃onable in some measure for their paines ∥and∥ by setlinge the whole buissines in a good course and frame, especially the bringinge in of the Span- ish Tobacco a pointe of great importance, and wch might not be delayed, nor could be concluded vpon, except on this daye wch was the Quarter Court for the Sum̃er Ilandeℯ and had also the power of the Quarter Court for Virginia, Concerninge these thingeℯ, his lp: said, that himselfe together with the Lordeℯ then present, and the Counsell beinge assisted by the Com̃ittee had spent all Tuseday both forenoone and afternoone in consultac̃on and considerac̃on of these pointeℯ and their iudgmenteℯ and opinions herein he would [95] nowe deliuer vnto the Court desiringe them likewise freely to deliuer their iudgementeℯ and opin- ions either for the approbac̃on or otherwise of what he should nowe propound vnto them, wch he said himselfe the Counsell and Com̃ittees had taken into their considerac̃ons not with intent to conclude any- thinge nor to preiudice the Courteℯ, but ∥only∥ the better to prepare the buissinesses for them esteeminge themselues as his lp: said as Servanteℯ of the Court.

ffor the first therefore his lp: said, that accordingly as was propounded formerly and in the Præparatiue Court, they conceaued there was to be one principall Officers by the name of a Director vpon whome the whole successe of the buissines almost depended.

Next vnto him was to be the Deputy, for without one it was impos- sible that the Director should be able to vndergoe all those buissi- nesses, that should be requisite to this ∥wch∥ office they conceaued there did belonge an extraordinary deale of paines and noe smale sufficiency.

The third officer was the Treasuror for keepinge of the Cash, then they conceaued it necessarie to haue at the least eight Com̃ittees for the sellinge and disposinge of their Tobaccoes, and for the assistinge of the Director with their Counselleℯ and helpes in the seuerall parteℯ and Acc̃ons of the buissines, wch were verie many and exceedinge waightie and important.

Next a Bookeeper for keepinge of Accounteℯ a man of Skill and in- dustrie.

They conceaued it likewise necessarie that there should be two Cash- eires whereof one to be a verie sufficient and substantiall man, who was to be continually resident in the Treasurie, the other a person of fidelity for the receauinge and gatheringe in of moneyes here in Towne or otherwise.

ffurther they conceaued ∥thought∥ it necessarie to haue a Clarke at all times to attend the Com̃ittees and to be continually at the Directors hand, who should haue howerly vse of such a one, wherefore they thought fitt, he should be the Directors howshold Servant.

They conceaued it likewise most necessary to allowe the Deputy a Clarke to whose place there would belonge an exceedinge great deale of writinge.

It was also conceaued fitt to haue a Solicitor for followinge of Suiteℯ of lawe many whereof were like to arise.

ffor takinge vp and receauinge of goodes, there was likewise to be a Husband to whome (with the allowance of one vnder him) the Cus- todie of the Warehowse should be com̃itted.

It was thought also most necessarie to haue a Beadle.

Other inferior Officers, his lp: said the Comittee thought not fitt to meddle with, but (beinge thingeℯ of smale moment) to leaue the con- siderac̃on of them to the Director and Com̃ittees and the choise of them to ordinary Courteℯ. [96]

And for the meetinge of all these Officers and p̱sons p̱formance of their seuerall places and Offices, his lp: said it was thought absolute necessary that the Companie should take a howse.

These his lp: said were the Offices wch the Councell and Comittees thought necessary for the p̱forminge and executinge of this buissines and of whome they conceaued it necessarie to make a choise at this Court, desiringe the Courteℯ iudgement and opinion therein and withall acquaint them, that although the places of Deputy and Treasuror were two distinct Offices in themselues and would require therefore two persons, yet after a serious considerac̃on thereabout (desirous to hus- band the expences to the best this yeare) they conceaued it best, (accordinge to the resoluc̃on of the Præparatiue Court) to ioyne them both in one.

The Court after some pause and deliberac̃on seeme verie well to like and approue of the thingeℯ wch his lp: had propounded without excep- tion or alterac̃on of any thinge.

Wherevpon his lp: seeinge them satisfied in these thingeℯ said he would proceed and declare vnto them what Sallaries and rewardeℯ were by himselfe and the rest vpon mature deliberac̃on thought some thinge proporc̃onable vnto the paines and charge that the Officers before menc̃oned were to take.

[97] wch his lp: said in their opinions was to be raised vpon the Tobacco And further conceaued it fitt there should be 500li more for ∥all∥ other extraordinary occasion wch might arise, wch if it were not by consent and order of the Courteℯ expended for the advantage and improuement of the price of Tobacco should be repaid againe to euery man proporconably:

His lp: said likewise that in raisinge of the charge it was conceaued fitt by the Counsell and Com̃ittees and agreed vnto by diuers (who meant to be Aduenturers herein) that the Spanish Tobacco should beare a double rate in charges to that of the Virginia and Sum̃er Ilandeℯ, wch would be an extraordinary great ease and advantage vnto the Plantac̃ons So that howsoeuer this Som̃e might seeme great of 2500li wch was to be gathered, yet consideringe that 500li was not to be expended, except for the aduantage of the Companie and of that of the 2,000li remayning his Matie beare one Third, and the Spanish Tobacco a proporc̃on double to the rest, they conceaued it to be noe great burden: but such as in the aduancement of the price, by their care and paines would be manifoldly repaid, As for the paines care and charge of the Officers himself and all the rest of the Counsell conceaued it would be farr aboue their Salaries and rewardeℯ.

The Ea: of Southampton hauinge thus deliuered the matter, there was a generall silence in the Court: Wherevpon after a longe pause, his lp: desired the Court, that they would freely speake their mindeℯ concerninge these thingeℯ an declare what and howe they would haue them donn, sayinge againe that himselfe and the Comittees had not consulted and aduised of these thingeℯ to conclude or determine any- thinge, but onely as their Servanteℯ to prepare them to their consider- ac̃on, in whome only was the power and authority to determine and conclude matters: he therefore earnestly desired them without any respect of himselfe or the rest (from whome these proposic̃ons came) to declare their mindeℯ freely concerninge the pointe of the Salaries.

Herevpon mr Robert Smith the Vndercham̃berlen said he thought there were diuers gentlemen and other sufficient men that for con- science sake would doe the buissines for farr lesser rewardeℯ.

To wch Sr Edward Sackuill made Answeare, that for his part he did thinke men bound in conscience to giue them whome they did imploye some reasonable satisfacc̃on for their labor and paines, And that he would neuer wish that these kinde of buissinesses wch concerned mens proffitt should be donn without reward somethinge answeare- able havinge found by experience that some that had for conscience sake serued this Companie had for conscience sake vndonn it. [98]

The Ea: of Southampton said that mr Robert Smith was a verie hon- est man, and he thanked him for speakinge his minde freely desiringe others would doe the like.

Mr Deputy said that although he might be thought interessed or par- tiall to those two p̱sons vnto §vpon§ whome the two great Salaries wch onely could be excepted against were like to fall, yet havinge a single heart free from all priuate endeℯ, he durst affirme that the rewardeℯ were so farr short of the paines care and travell and charge that they should vndergoe that but for conscience sake and the good of ye Plantations neither would he p̱swade nor he was assured would they accept of the Offices: But mr Barker said that havinge followed these Courteℯ many yeares he had neuer heard of so great Salaries, as 5 and 400li for an Office, but had heard of 500li and 1000li wantinge in some Accounteℯ by them who did buissinesses for nothinge.

Mr Ditchfeild said that this was like to be a hard yeare and of the least proffitt, and because perhapps there would not be so great a quantity of Tobacco brought in, there would be ∥require the∥ lesse trouble and paines, and therefore he wished that the Salaries might be easier.

To wch the Ea: of Southampton made Answeare that for the first part he was of his opinion that it would be a yeare of the least benifitt, but for the second part, he thought cleane contrary that the trouble of this yeare would be farr more then any of the succeedinge, in reguard of the great difficulties that are in the setlinge of newe buissinesses more then in prosecutinge of them, when they are once ordered and setled in good frame and course.

After this no man makinge further obiecc̃on and many approuinge and well likinge the proporc̃on of Salaries and desiringe his lp: to put them to the question, his lp: said he would once againe read them vnto, wch beinge ∥hauing∥ donn and no man makinge any obiecc̃on after a good pause his lp: put all those thingeℯ formerly proposed con- cerninge the Officers and Salaries to the question: All wch were by erecc̃on of handeℯ approued of and confirmed.

This beinge ended the Ea: of Southampton desired them to nominate whome they would haue to be their Director and Treasuror (wch were to be ballated) the rest were thought fitt should be chosen by erecc̃on of handℯ.

Wherevpon for Director was nominated Sr Edwin Sandys and for Treasuror and Deputy mr Iohn ffarrar, and no other beinge named Sr Edwin Sandys was first put to the ballatinge Box and was chosen by 65 ballℯ and had only fiue ballℯ against him. [99]

Afterward mr Iohn ffarrar beinge put to the Ballatinge Boxe for Treasuror and Deputy, was chosen by 68: ballℯ havinge only two Ballℯ against him.

After this the Court named for Com̃ittees.

Vnto wch Com̃ittee for their better assistance by reason many waightie occurrances would happen of higher nature then proffitt, his lp signi- fied that the Counsell and former Com̃ittee at their last consultac̃ons held it likewise fitt there should be an addic̃on of eight or ten more without Salaries as Com̃ittees extraordinary to be chosen out of the Counsell, Notwithstandinge it was propounded ∥prouided∥ and ordered that the Director and the rest of ye Com̃ittees both ordinary and extra- ordinary shall not haue any concludinge power in any matter of waight touchinge this buissines without the opinion and assent of the two Companies in their seuerall Courtℯ who are to be made acquainted from time to time with their proceedingℯ: Wherevpon for Com̃ittees ∥extraordinary∥ the Court nominated the right honoble

ffor Bookeeper mr Wiseman and mr Boothby beinge proposed choise was made of mr Wiseman by plurality of handℯ.

The two Casheires and Clarkℯ were left to the choise of the Treasuror beinge to be answeareable for them.

ffor the Solicitor, mr Waterhowse and mr Hacket beinge proposed choise was made of mr Waterhowse. [100]

ffor Husband mr Webb was thought fittest, in reguard the Company haue litle other imployment for him; And in respect he is allowed 60li for this buissines, the Companie to ease their hand deducted 20li of that they formerly allowed him.

ffor Beadle choise was made of mr Carter.

After this vpon moc̃on that a Com̃ittee might be appointed for draw- inge vp the oathes for their seuerall Officers aforenamed the Court referred it to be donne by mr Nicholas ffarrar and the former Com̃ittee extraordinary, who were entreated to meete at mr Deputies on Sat- turday next in the afternoone to aduise about the same.

After this mr Deputy acquainted the Company ∥Court∥ that the Coun- sell and Com̃ittee hauinge treated and debated largely concerninge the bringinge in of the Spanish Tobacco, and findinge some willinge to be Aduenturers for the bringinge in of 40000 waight, thought good findinge no possibility to haue the whole vndertaken, at present to make offer and to giue liberty to such as would vnderwrite for the bringinge in of that quantitie vpon such condic̃ons as partly the Courtℯ had ordered and the Comittee appointed by the Virginia Companie in their Præpara- tiue Court for that purpose, had likewise thought fitt, And that the Counsell and Com̃ittee hauinge appointed some him to drawe vp a Roll to that purpose he had accordingly donne it, wch the Counsell had before the sittinge of the Court read and approued and he nowe pre- sented it vnto the Court to receaue their approbac̃on or amendment, wch beinge donne and the Court fully informed of the perticular pointℯ therein, it was put to the question and by erecc̃on of handℯ ratified and confirmed the Tenor whereof followeth (vizt).

The Com̃ittee were desired by the Court to take care to looke out for a convenient howse and Warehowse for the Companies vse.

Rolle:

The Com̃ittees also apointed heretofore to attend mr Atturney about drawinge vp of the Patent were nowe desired to proceed in that buis- sines with expidic̃on.

Mr Iohn ffarrar desired a Com̃ission might be graunted for the Bona Noua, wch he and his Partners were settinge forth aswell for trans- portinge of some p̱sons to Virginia as also for fishinge in part for the Colony wch was accordingly graunted, and mr Deputy desired to drawe vp the Com̃ission and to Seale it.

The like Com̃ission at the moc̃on and request of mr Bennet was also graunted for the Iohn & Frauncis. [101]

After the endinge of the Virginia Court the Lo: Cauendish tooke againe the Chaire and so the Sum̃er Ilands Court went on, when his lp: recapitulatinge orderly and distinctly all the seuerall thingℯ, that had bin propounded, debated and passed, in the Virginia Court belong- inge to the Contract, desired the Sum̃er Ilands Companie to declare their mindℯ and opinions concerninge the same, wch they did by a generall assent, approvinge of all thingℯ without any manner of excep- tion to any thinge at all, And generally desired his lp: to put the thinge to the question wch accordingly his lp: did and the whole Con- tract, and all the perticulars thereof were by erecc̃on of handℯ ratified and confirmed in all pointℯ accordingly as the Virginia Companie had passed them.

The Security for such as stood bound for the 1000li taken vp at vse is transmitted to the next Court to be further considered of and then the Seale of the Companie to be affixed vnto it.

Vpon the Dissoluinge of the Courtℯ, the Ea of Southampton and the Lord Cauendish stood vp and both of them prayinge God that this buissines might be to the aduancement of the Plantac̃ons (to wch only they protested they had respect in all the carriage thereof) desired the whole Companie nowe to make their best of that wch themselues had concluded and like honest and worthie minded men to giue their best helpes for the good execuc̃on thereof, and to ioyne with sincere hands ∥hartℯ∥ and willinge handℯ in the good accomplishinge and p̱formance thereof.

At the great and generall Quarter Court accordinge to the vsuall manner was first read the preceedent quarter Court held in Iuly last and nex next the Preparatiue Cort held on ffriday the 22th of this present Moneth after this was first read the Draft of the Graunt of Landℯ in the Sum̃er Ilandℯ to perticular Aduenturers wch was by the last preparatiue Court referred to this Quarter Cort to be confirmed, or otherwise amended or altered as this Court should thinke fitt: Against it were alledged all those Argunentℯ that were vsed in the former Court, but they were not founde to be of any more force or validity then they then appeared, but on the contrary the said Inden- ture both for the forme and the p̱ticuler pointℯ in it, appeared to be more fitt and necessarie the more it was Disputed and Debated of, but whereas some seemed to make a newe scruple that by the said ∥third∥ Article their goodℯ here at home were lyable to the satisfyinge of such charges as by the Companie should be taxed for the Defence of the Iland or otherwise, Although it was conceaued and generally adiudged that the wordℯ of the Article did not import any such thinge but were onely restrained to such goodℯ and Com̃odities as should come from the Som̃er Ilandℯ only yet to giue full satisfacc̃on ∥vnto them∥ It was ordered that the wordℯ should be made more plaine in this manner vizt.

That whereas it was before in these wordℯ vizt: vpon the goodℯ and proffittℯ of the said A B his heires and Assignes or vpon the goodℯ and proffittℯ of his and their Tenantℯ and Servantℯ wch shalbe brought from the said Sumer Ilandℯ into any of his Mats Dominions or els- where: It was ordered to be in this manner vizt vpon the goodℯ and proffittℯ of the said A B: his heires and Assignes wch shalbe brought from the said Sum̃er Ilands or vpon the goodℯ and proffittℯ of his and their Tenantℯ and Servantℯ wch shall likewise be brought from the said Sum̃er Ilandℯ into any of his Mats Dominions or elswhere.

And in the end after a verie longe disputac̃on and full and ample discussinge of all pointℯ the Lo: Cauendish propounded whither [103] the Indenture should passe or noe wch beinge put to the question the number seeminge to be equall on both partℯ, it was thought fitt to diuide the Court, and that they that were on ye affirmatiue part to be of the one side and the Negatiue on the other, wch beinge donn there was found to be on the affirmatiue part wch desired the Indenture should passe these 21 followinge vizt

And on the contrary side there were found these 20 followinge vizt.

So that the thinge was confirmed and ratified.

This buissines beinge dispatched the Lo: Cauendish Gouernor pro- posed the accomplishinge of the great worke of the daye wch was the concludinge of the Contract with his Matie and the performinge those other thingℯ wch were necessarie for the accomplishment & execuc̃on thereof, as namely the choise of Officers, their Salaries and other thingℯ pertinent thereto, But because the thinge did equally con- cerne the Virginia Companie with the Sum̃er Ilands, and that all of the Sum̃er Ilands Companie, were of the Virginia Companie, but not on the contrary: It was therefore thought fitt and convenient that accordinge to the power and authoritie giuen by the Quarter Court for Virginia the Wednesday before all those pointℯ should be first pro- pounded Debated and passed in a Virginia Court and afterward in the Sumer Ilandℯ Court by wch course both the buissines might be more exactly determined of, in reguard that from the greater number there was like to be the better Counsell giuen and likewise a labor spared for if they should begin with it in the Sumer Ilandℯ Court all thingℯ must be againe repeated to the Virginia Court afterward, for wch the day would scarce suffice: wherevpon it was ordered that the Sumer Ilands Cort should be suspended for a while but to be continued so longe after 6, of ye Clocke as occasion should require and the Ea: of Southampton was desired to take the Chaire and to begin a Virginia Court wch accordingly his lp: did. ∥wch Court is entred next before this bearing date the same day.∥ [104]

Mr Deputy said that for want of leasure he had not p̱fected the last Court kept on the Sum̃er Ilands Quarter Court day, Wherefore he desired the readinge thereof might be respited till the next Court.

Mr Deputy moued the Court for passinge of these Shares followinge vizt for three Shares wch himselfe had bought of mr Edw. ffaucett and turned ouer to mr Geo: Mordent, wch beinge allowed by the Auditors the Court ratified and confirmed accordingly, Also for two Shares wch Henry Lo: Lawarr ∥and the Lady Cisly Laware∥ passed ouer vnto mr Nicho: Downe Cittizen and mercer of London wch the Court in like manner confirmed vnto the said Nicho: Downe.

After this the Quarter Court held the two and Twentith of Nouember last was read.

Captaine Martin moued the Court for redeliuery of his Patent pre- tendinge it was onely deposited in the Secretaries handℯ vpon trust but the Court answeared, that the surrender was voluntary and abso- lute without any manner of condic̃on, but onely to haue a newe Pat- ent and therefore could not be deliuered him againe, wondringe that against so many wittnesses to the contrary he would affirme any such thinge: Wherevpon he beinge further desirous the Mr of the Rollℯ might be entreated to giue a meetinge about his buissines according to a former order in that behalfe, The Court praied mr Deputy accord- inge to the said order to repaire vnto the Mr of the Rollℯ to knowe what time he would please to appoint a meetinge, and that if it might stand with his Honors leasure on Monday next a Court should be then called on purpose for that buissines onely.

Sr Edwin Sandys said that forsomuch as it was ordered at the last Court that the Com̃ittee appointed for the Tobacco buissines should from time to time make report vnto the Companie of their proceed- ingℯ in those affaires he would therefore relate in perticuler what had bin donn therein by them: ffirst that the Lord Treasuror had receaued [105] the Propositions as they were agreed on at the last Court, and had promised to giue direcc̃ons to mr Atturney imediatly to drawe vp the Patent accordingly: But his lps sodaine goeinge to Newmarkett to the Kinge, had caused that to be forgotten, notwith- standinge mr Atturney beinge made acquainted with the Contract, said, although he had as yet receaued no direcc̃on from the Lo: Trẽar, yet for expidic̃ons sake he would prepare the buissines against his lps returne.

Hee further signified that because of the Delay of the Proclamation, might not breed any preiudice to the Companies, the Com̃ittees had accordingly as the Lord Treasuror by Sr Arthur Ingram aduised them, drawne vp the forme of a Letter to be sent to the Portℯ in his Lps name, giuinge notice of the Bargaine concluded between his Matie and the Companies and straightly charginge them to inhibite the bring- inge in of any Tobacco but accordingly: wch letter was deliuered to Sr Arthur Ingram who promised to procure his lp: to signe it withall expidition if it were not already donn, and to cause it to be sent downe imediately.

As for the Proclamac̃on he said himselfe and the Com̃ittees conceau- inge there was great necessity in speedinge of it, had satt many dayes in pervsinge all former Presidentℯ of this and many of the like kinde, and out of them collectinge what they conceaued to be fitt and prop per, and likewise addinge diuers other perticulers, wch were conceaued either necessary or benificiall they had drawne a Proclamac̃on whereby mr Atturney might wth lesse labor and in shorter time dispatch it: Wch vpon his lps returne from Newmarkett they hoped would be instantly effected.

Hee further signified, that for bringinge home of the Spanish Tobacco, the Roll agreed vpon in the Quarter Court was engrossed, and there was already by his Solicitac̃on vnderwritt a good Som̃e of money neare vpon 2500li.

And whereas it was ordered at the last Quarter Court, that such as beinge not free Brothers of the Companie and yet desired to aduen- ture in this Iointe Stocke should first buy fower Shares of land of the Companie, he wished it had bin ordered for a lesse number of Shares for that he knewe some worthie gentlemen would §willingly§ haue vnderwritt in the said Roll, if they might haue bin admitted vpon the purchase of two Shares onely, but he said he spake this onely ∥but∥ by the waye.

Herevpon mr Wrote tooke occasion to saye that he sawe no reason why they should be so strictly bound to those orders as if those orders were like to the lawes of the Meades and Persians neuer to be altered or revoaked Besidℯ he said that this order had not his due comitt- ment (as it ought to [106] haue had by their lawes) for he said him- selfe was the first Proposer of it, wch was no sooner moued but it was forthwith ordered, And therefore said, he wold nowe moue and pro- pound vnto this Cort that in reguard not onely that perticuler order but also some other matters of speciall consequence vnto the Com- panie were proposed and passed at the last Court held for Virginia on the Sumer Ilands Quarter Court daye without that due preparac̃on as the lawes and orders of the Companie required in that §like§ cases, that therefore it might nowe be ordered that no Acte hereafter be made to binde the Companie in the same Court wherein the matter is first proposed but rather that it might ruñ his due course of examina- c̃on by a Com̃ittee or in the followinge ordinary Court before it be ordered; for he said he had obserued an Article passed in this Roll (amonge other thingℯ) whereat many tooke exception, and was the only cause of their vnwillingnes to vnderwrite to the said ∥Roll∥ wch otherwise would haue aduentured largely in this buissines, as namely where the Companie are ordered to beare a Tenth part in the said Iointe Stocke, and to giue their Seale for Security, whereby it was conceaued that if the buissines should not prosper well, euery mans priuate estate was bound to repaire the losse and make vp the Kings part: And he added the Companie beinge in debt, the moneyes paid in to the Companies by such as subscribed might be presently seized vpon accordinge to the Custome to the Citty whereby the Companie should paye vse for the Stocke and not haue the same to imploy to any benefitt.

Touchinge the first pointe of mr Wrotes Allegac̃on Sr Edwin Sandys answeared that there was a very great difference between a lawe wch ought to be made in that solemne manner as he had intimated, and a perticuler buissines as this is was.

Mr Deputy said he would not propound the com̃ittinge of these thingℯ againe, beinge determined by the Quarter Court neither did he con- ceaue any defect to haue bin in the manner of passinge them, for although mr Wrote was he that propounded it yet it was not a thinge then sodainely thought vpon, but propounded by mr Deputy himselfe to diuers of the Counsell fower or fiue dayes before, neither was it passed that Court wherein it was propounded without mature delib- erac̃on, and was againe read and approued by the Quarter Court ∥for∥ Virginia, and after that againe in the last Court wch had the authority of a Quarter Court ratified and approued Wherevpon mr Withers said he sawe no reason that a thinge being clearely passed in a Court and without any exception confirmed in two other Courtℯ should either be disputed or called in question. [107] And it was by another added that no Com̃ittees opinion could be deemed of so much force as the opinion of a generall Court if it passe clearely.

ffor the second point of mr Wrotes former speach vizt vpon the Com- panies bearinge a Tenth part in the Aduenture, Sr Edwin Sandys said that the Counsell and Com̃ittees had taken that waightie pointe into their serious considerac̃on, and they were of opinion that it was most necessary to engage the Companie in this Iointe Stocke for bringinge home the Spanish Tobacco, for that thereby the Aduen- turers should haue the Companies assistance and protecc̃on vpon all occasions (as need should require) And that this condic̃on was desired by the Aduenturers themselues, who without it would not haue vnderwritten in the said Roll; As for the matter of Security (Wch was so much stood vpon) he said the Tobacco it selfe, aswell as the Seale of the Companie should lye at Stake for it.

And touchinge the engagement of mens private estatℯ hereby: therein was no danger; it beinge cleare by lawe that onely the goodℯ of the Corporation are lyable to the debtℯ thereof, Concerninge wch he said he had taken aduise of most sufficient Lawyers: And mr Caswell said, that mr White the Lawyer (who newly was departed out of the Court) havinge heard this Disputac̃on did affirme that priuate mens estatℯ could not be lyable to the Debtℯ by the Seale of the Corporac̃on but onely the goodℯ of the Corporac̃on it selfe.

Notwithstandinge mr Wrote still persisted in his former opinion, that this buissines was not fairely carried nor a due course taken for pre- paringe of matters; but were hastily shuffled ouer, and that he could not be p̱swaded but each Member of the Companie (vpon grant of the Seale for Securytie) was bound to make this good, out of his owne private estate, alledginge that he had likewise asked Counsell of Law- yers whose iudgement was as he had deliuered. ∥And was the rather confirmed in that opinion because of the late example of the Muscouy Company.∥

Wherevpon mr Alderman Iohnson desired the Companie to be wary in giuinge their Seale for the Security and therevpon cited a case of late time happned vnto the Muscouia Companie who beinge indebted longe since and hauinge giuen their Seale for Security diuers Brothers of that Companie were troubled and sued for the same:

Mr Mellinge replied it was true that a leviac̃on for payment of the Muscouia Companies debtℯ was ordered by the Lordℯ of his Mats most honorable Privy Counsell to be made out of the gaines made vpon their seuerall Stockℯ in the seuerall yeares when those moneyes were supposed to be borrowed and taken vp at interest and not to be laid vpon the whole body of the Companye or them that were not Traders in those yeares or since. [108]

But mr Withers made Aunsweare it was true some were troubled but none of them had therefore paid any thinge, but were freed and cleared thereof: And he added further that the newe Iointe Stocke it selfe was exempted from those former debtℯ: wch mr Alderman Iohnson said was by perticuler agreement before the Stocke was beguñ: Howso- euer mr Withers said he was suer that the priuate Brothers of the Companie were by order of the Counsell-Bourd acquitted and freed from molestac̃on.

Mr Deputy said that besidℯ the vnseasonablenes of the Proposition since it could not be revoaked at least till the next Quarter Court the thinge it selfe seemed verie strange to him, for if their were danger to priuate mens estatℯ by reason the Companies beare a Tenth part only; howe much greater danger there was, if the Companie should beare the whole wch they were bound to doe hauinge taken it vpon them by giuinge of their Seale except priuate Aduenturers as they had beguñ eased them: Wherevpon he said the Counsell and Com̃ittees conceaued that they had donn a verie espeaciall great Seruice to the Companie so to continue and order the matter: That hauinge taken so great a bur- then vpon them, they should be eased of almost all, and the care of one onely Tenth part left vnto them: And if the feare of this Tenth part did trouble men what should the whole doe, wch otherwise was like to lye vpon the Companies: ffor whereas mr Wrote said, that this Clause was the onely cause of the vnwillingnes of diuers to vnderwrite in the said Roll wch otherwise would haue aduentured largely in the buissines, mr Deputy said it was a principall clause that invited them that had already vnderwritten and that ∥when∥ it was replied that if the Companies had not §a part§ there was one would vnderwrite 500li mr Deputy made aunsweare that if the Companies had not a part the 2500li already vnderwritten would vpon his knowledge be drawne out againe; And diuers of them that had vnwritten, beinge then present did affirme the same, that except the Companies bore a part they would withdrawe what they had already vnderwritten.

Vpon this disputac̃on the Lord Cauendish tooke occasion to informe the Court howe fairely and orderly the Counsell and Com̃ittee had proceeded in this buissines: The Lordℯ and the Counsell ∥sittinge∥ both forenoone and afternoone the day before the Quarter Court beinge attended also by the Com̃ittees the whole day, and that thingℯ were so seriously and maturely debated as there growinge a difference of opin- ion in one pointe amongst the Com̃ittee ∥Counsell∥, the Ea: of South- ampton did perticulerly enquire the opinion of euery one and in the end the resoluc̃on was made accordinge to the maior part of voices. [109]

Mr Wrote said that he knewe many eyes were vpon him and desired the speeches he had spoken might be sett downe.

Wherevpon the Argument beinge still maintayned with such violence and vnorderlynes against so many good reasons as had bin alledged, mr Deputy made this open protestac̃on that for his part in reguard he had knowne mr Wrotes great zeale and forwardnes in the buissines of Virginia, he did not thinke that these thingℯ were propounded and vrged by him out of an evill minde, nor that they came from him- selfe, but from some others who had by wronge informac̃ons and groundℯ perswaded him to doe what he did, directly with an inten- tion to cause distracc̃on and variances and by iealousies and doubtℯ to hinder the vnderwritinge of the Roll and consequently to drawe the Companie into the Penalty of not performinge that condic̃on, wch if any such evill happned he protested this dayes worke was the cheife occasion: Wherevnto mr Wrote made answeare that he would not haue mr Deputy thinke so: basely of him as to be so lead by any man, for he protested it was his owne what he spake and not out of any suggestion vnto him: And therevpon vrged againe that mr Dep- uty would put his former Proposition to the question: wch if he refused he said the Counsell there ∥p̢sent∥ were to doe it.

Wherevpon mr Deputy asked him howe he would haue it put to the question, Whither that noe order should be made before it had bin considered of by a Com̃ittee (Wch could not but breed a great deale of trouble and vnnecessary delaye to buissinesses) ∥or∥ whither he would haue matters of importance onely to be so referred wch already had bin the practise of the Companie in ∥all∥ their proceedingℯ: Wherevpon the Court beinge ouerwearied and mr Wrote ∥being∥ told by Diuers he did transgresse the lawe by speakinge so often to one buissines, replied that others had so donne likewise, and he would yet speake more, At length to giue an end to these differences, the Court desired mr Deputy to put it to ye question whither the openinge of the fower Shares to a lesse number and the Companies bearinge a Tenth part in the Iointe Stocke beinge thingℯ ordered by the last Quarter Court, should be nowe disputed vpon or noe, wch beinge accordingly put to the question it was by a generall consent, (only mr Wrote himselfe and one other dissentinge) ordered, that seinge both those pointℯ had passed the iudgement of a Quarter Court, they should not nowe be disputed vpon, but if any had any thinge to oppose there against they might doe it in the next: Quarter Court.

This beinge donne the Lord Cauendish acquainted the Companie, yt according to the request of the former Court he had bin with Sr Henry Martin and Solicited him for a hearinge of the cause in difference between one Wye and the Companie who promised to appoint a daye on purpose between this and Christmas to make an end of that buissines. [110]

Mr Wrote herevpon made request vnto the Companie that seeinge he had a longe time followed this buissines and that the cause at the next hearing after sentence giuen and vpon Appeale made was like to ∥be∥ transmitted to the Delegatℯ whereby it must anewe begin that therefore himselfe might be discharged and some other appointed to solicite and followe the same before the Deligatℯ, for it was nowe no worke of a gentlemans but of a Solicitor.

After this it beinge late a letter was presented in Court to mr Deputy directed to the Treasuror Counsell and Company for Virginia and Sub- scribed by Henry Reynolds wch beinge read it appeared he made request in the behalfe of one mr Taylor, whome he com̃ended for his honestie and sufficiency that the Companie would please to imploye him for their factor in Ireland about the Tobacco buissines with such convenient Salary for his paines as shalbe thought fitt: wch request beinge taken into considerac̃on some of the Court thought fitt to referr it to the Com̃ittees as also what Salary they shall thinke fitt to allowe him for his seruice. But Sr Edwin Sandys moued, that no Salary might be graunted but by the Courtℯ approbac̃on.

Herevpon mr Wrote tooke occasion to admonish the Companie to take some tender care in giuinge of Salaries and wished that the Graunt of so great Salaryes at the last deriuatiue Court had bin better con- sidered of before they had passed thereon them consideringe the Companie were in debt already, and so litle meanes left whereby to raise so great a Som̃e as 2500li (as was nowe agreed vpon) to be issued out in Salaries and other charges and consideringe also this was a course contrary to the practise of the East Indy Companie who graunted to their Officers no Sallaries at all vntill there was both meanes to do it and seruice also p̱formed for it: And said further that whereas vpon the grauntinge of the place of Maisterp of the ordi- nance in Virginia heretofore vnto Captaine Martin with the like ffees and Proffitts as are accustomed to the like place here in England, Sr Edwin Sandys opposed the said Patent for that it would haue brought a greater charge vpon the Companie then would be paide beinge not- withstandinge but 400li p̱ Anũ, Hee therefore could not see (espea- cially nowe the Company were in a farr worse case) by what meanes, so great a Som̃e as 2500li a yeare could be paide without the vtter vndoinge of the Companie: ffor he said this great Som̃e must of necessity be raised by ann imposic̃on vpon the Tobacco that shalbe brought in, wch he obserued to be of three sortℯ, vizt: the Spanish Tobacco, The Companies Tobacco and the Tobacco of priuate Planters wch ought to be free by their Charters, So that what with givinge a Third part to his Matie and payinge of other charges for custome, freight and for this newe Imposic̃on, the poore Planter should scarce haue the one halfe of his Tobacco free to himselfe to liue vpon And herevpon mr Wrote [111] offered to giue the one halfe of all his Tobacco to be quitt of all charges that would come vpon it by this meanes: Wherevpon some made Answeare that he went about to call the whole Contract into question, and to laye disgraces vpon it wch was past and fully agreed on by both the Quarter Courtℯ; Whereas the bringinge of the Tobacco into one hand was vndoubtedly the waye both to vphold and aduance the price much more ∥then∥ by beinge brought in, and scattered ∥in∥ many hundred handℯ. 1

A paper touching a similar discussion in the Summer Islands Company is referred to in List of Records, No. 390, Vol. I, page 162, ante.

Mr Wrote replied he ment onely touchinge the Salaries wch buissines (he said) was not com̃itted but carried fowly and disorderly and with much arte surreptitiously and to priuate endℯ; And that diuers of the Companie did both then and since, as well publiquely, as privately in his hearinge complaine much against it, but durst not speake their mindℯ freely because they were ouerawed.

Mr Withers recalled him, sayinge he was much mistaken to saye thingℯ were carried fowly: And mr Treasuror Caswell said, you would not haue said wee were ouerawed if you had bin at Court, you should haue seen what wee durst do: But mr Alderman Iohnson interrupted him sayinge they had Salaries and ought not to speake.

Wherevpon mr Iohn ffarrar said that that speach of mr Wrote was both ∥most∥ vntrue and scandalous, for men at all times might speake freely their mindℯ, and that they did at this verie Court as one example might shewe it, (when after a longe dispute about the Graunt of landℯ in the Sum̃er Ilandℯ) the Court was diuided and Twenty of the Com- panie went on one side, and one and Twenty on the other, All the Lordℯ Knightℯ and gentlemen beinge on the one side: And this Act shewed plainely what men durst doe, Neither was the Gouerment Tirannicall nor the Companie so silly and simple men as mr Wrote would make them: where if he had bin present at that Court (and other meetingℯ of the Counsell and Com̃ittees) wherevnto he was warned, he would haue seen and heard thingℯ carried and handled in a fairer manner then he nowe deliuers them to be, and much mar- veyled he would thus censure the proceedingℯ of the Quarter Court and other meetingℯ whereat he was not but takℯ all vpon hearesay.

After this mr Wrote willed Sr Edwin Sandys to keepe his owne lawes ∥wch he had made∥ and therevpon cited a lawe, where to avoide the drawinge the Companie into debt it is ordered that no perticuler man make or propound any newe Proiect of charge to the Companie, but he withall offer good meanes howe to defraye that charge and vphold his Proiect the Breakers of wch order are to be excluded from the generall Courtℯ xc: The Lord Cauendish told him that he had not onely affronted him in perticuler but the Ea: of Southampton also and the rest of the Counsell and Com̃ittee: who after this buissines was pro- pounded vnto both the Companies at their seuerall Courtℯ on ffriday before the [112] Quarter Courte mett the Tusday after, both fore- noone and afternoone about it, whither himselfe was perticulerly also warned by the Officer and havinge taken consultac̃on therein (not with a purpose to conclude vpon any thinge but to prepare that buissines) brought the same to the Courtℯ held the next daye to be amended and ordered as they should see cause: As for terminge the Lawes to be Sr Edwin Sandys lawes, his lp: told him he had donn the Companie great wronge and that this was the reward that men had for doeinge pub- lique seruice: And he might aswell haue said, the Instructions giuen to the Gouernor of the Sum̃er Ilandℯ were his because he made the first draft of them: And added that he had donn more harme by that dayes worke then Captaine Martin Capt: Baylie or Capt: Argall.

Wherevpon mr Wrote said my good Lord I protest vpon my saluac̃on I had no intent directly nor indirectly to perstringe the Acc̃ons of the Counsell or of yor lp: or of my Lo: of Southampton for I confesse yor courses haue bin alwayes like yor selues noble direct iust and plaine but I speake of things donn in yor lps absence when you were out of Towne whereof you can take no notice.

As for Sr Edwin Sandys lawes he called them noe otherwise then a great Lord did, and said that he had taken paines 40: dayes in exam- inac̃on concerninge the Spanish wrecke and that he was a weary of beinge any longer of any Pollitique body: And further said that see- inge his lp: was thus displeased with him, he would not trouble that Court where his lp: was Gouernor but would deliuer vp his Share at the next Sum̃er Ilandℯ Court, wch if he did, the Lord Cauendish said he would not entreat him to keepe it.

Touching the lawe cited by mr Wrote Sr Edwin Sandys made answeare that that lawe was prouided in case any perticuler man should propound any newe Proiect of charge vnto the Companie: whereas this was a buissines incident to the Contract, wch the whole Companie agreed vnto and had vndertaken, Besidℯ he said, it was not intended that this charge shalbe laid vpon the Companie, but onely as they beare a parte beinge to be raised out of a perticuler nego- tiac̃on vpon the Tobacco whose propper burden it was, and that it was not 2500li but only 2000li wch was proporc̃oned for the charges of this buissines: ffor the other 500li except it might be much for the improuement of the Com̃odity should not be expended but returned againe to the owners of the Tobacco, and of the 2000li proporc̃oned the Kinge bearinge one Third part and the Spanish Tobacco a double charge in proporc̃on to the Plantac̃ons Tobacco, there could not be at the most aboue 800li to come out of the Tobacco of the Plantac̃ons, out of wch the Companies should be eased of some Salaries that they nowe paye to Officers and should [113] haue a howse of their owne, wch was a most fittinge and necessarie thinge; and for wch together with Warehowses they had in their iudgmentℯ proportioned 160li So that the Sum̃e raised vpon the Aduenturers and Planters Tobacco towardℯ the payment of the Salaries was but a smale matter and such as would be questionles manifoldly repaid by the improuinge of the price of Tobacco through their care and iudgement that should man- age it: wch charge of Salaries therefore could neither disharten the Aduenturers nor vndo the Planters (as was alledged:) As for the instance of Captaine Martin, the cases were not alike that beinge to ruñ out of the Companies Stocke (Wch was none) and therefore must needℯ ouerwhelme the Companie with debt: This beinge to be raised yearely out of the Tobacco that come in and therefore the Companie could not be hereby indebted.

Mr Deputy said that mr Wrote spake out of his ignorance (ignorance of fact he meant,) because mr Wrote was not at the Com̃ittee, but mr Wrote replied that mr Deputy spake out of the abundance of his knowledge, but he out of his conscience.

Mr Deputy went on and said that the matter of Salaries were not sur- reptitiously carried but most fairely and orderly with those due preparac̃ons that ought, havinge bin first handled and treated of in a Com̃ittee before the Quarter Court of Virginia whereat the Lord Cauendish was and amongst diuers others (mr Wrote) himselfe where after the Offices of Director, Deputy, Treasuror and Com̃ittees were approued and liked of: the matter of Salaries was by himselfe pro- pounded, as he said mr Gibbs could well remember who propoundinge 100li Salary for the Office of Treasuror, mr Deputy said it was a great deale to litle: Wherevpon mr Gibbs said it might then be 200li but it was replied that that would likewise be to litle: and this Com̃ittee beinge nine dayes before the Quarter Court wherein the Salaries were giuen, it could not be said they were surreptitiously carried, men hauinge so longe time warninge to thinke what was to be donn in that point, Besidℯ in the Sum̃er Ilandℯ Præparatiue Court, the Ea: of Southampton after the nominac̃on of Director and Treasuror, said that for the other Officers and the Salaries they should be referred till the Quarter Court it selfe, wch was a second warninge to the Com- pany to take their bethinkinge and to consider of the matter of Sala- ries, yet to the intent that thingℯ might be ye better disgested, the Earle of Southampton afterward thought fitt the Tuisday before the Quarter Court to assemble the Counsell and Com̃ittees, whereat the Lo: Cauendish the Lo: Cauendish Padgett Sr Edw: Sackuill Sr Iohn Dãuers and a [114] very full Counsell of others beinge pres- ent, all thingℯ and in perticuler this matter of Salaries was verie seri- ously debated and considered of, both in the forenoone and the afternoone, and to this Counsell mr Wrote himselfe was warned: So that (he said) this matter was prepared both by the Counsell and Com̃ittees: But mr Wrote said I must nowe vnwillingly come to an accusac̃on against Sr Edwin Sandys and the two Deputies and tooke exception against the first Com̃ittee spoken of before the Virginia Quarter Court, sayinge, it was verie dissorderly some men talkinge p̢uately by the fireside, wch he said was mr Deputies fault who ought to be the Moderator of Com̃ittees besidℯ the Secretary was not there, To wch mr Deputy aunsweared that he did not knowe that he did not knowe that it was any essentiall matter, whither the Secretary were there or no; whose place himselfe had many times supplied when there was need or occasion of writinge, but many and the most sortℯ of matters resolued on by Comittees were vsually reported by some ∥one∥ of them to the Court. As for the disorderlynes that was spoken of, that was their owne, not his fault who could wish more orderly- nes, But that and many other thingℯ he was glad to passe ouer, because that men would do when they came as themselues pleased, and it was not for him to reproue them.

Mr Wrote further obiected that neither the Counsell and ∥nor∥ Com̃- ittees had authority giuen them to treat of that matter of Salaries because it was not perticulerly sett downe, But mr Deputy made Answeare, that it was the selfe same great Com̃ittee, to whome by the Quarter Courtℯ in Som̃er, All thingℯ belonginge to the Bargaine were com̃itted to be by them prepared and digested who thereby had authority sufficient, although they had not this later time been desired to consider of and prepare all such thingℯ as were necessarie to be passed in the Quarter Court when the bargaine should be absolutely concluded and ratified by the Lord Treasuror.

Mr Wrote said further that there were thingℯ brought into the Court as the iudgement of the Com̃ittees concerninge pointℯ referred vnto them by the Court wch were not their doingℯ wch mr Deputy denied and willed him to instance one example: Wherevpon he said the matter of petic̃ons, wch mr Deputy at the begininge of the Court brought downe vnto him wett and asked him howe he liked it: But mr Deputy replied, that though mr Wrote was absent yet the Com̃ittees mett twice there- about, and that himselfe by their entreaty drewe vp the thinge in their presence and appealed for wittnes vnto them that were present. [115]

Mr Wrote further challenged mr Deputy for wronge entringe of a Court wch mr Deputy denied and willed him to be better aduised.

Mr Deputy made protestac̃on of his owne integrity in the buissines of Salaries and that for the two great Salaries whereat onely men might stumble (for the other they could not be deemed but with the least) he said he knewe those Offices were most vnwillingly accepted of by them, especially by one of them, who but for conscience sake and the seruice of the Companie he knewe would neuer haue taken the place and concluded that for his part if any could shewe a better course then was beguñ he would ioyne with them, and so he doubted not, but all the Counsell and Companie would doe, but desired that thingℯ might be propounded in an orderly and due manner.

Sr Edwin Sandys said that mr Wrote in vndermyninge the seuerall partℯ of the Contract and matters incident therevnto beinge nowe con- cluded with the Kinge did wronge the State, mr Wrote protested he spake nothing against the Contract but onely against the Salaries.

Mr Bromefeild signified much greife for mr Wrots proceedingℯ and concluded there was much time spent to no purpose for it could not be that any thinge could be altered till the next Quarter Court if then there were any cause.

Sr Edwin Sandys tooke occasion in defence of this Contract to informe the Court of the manner of the bargaines proceeding from the verie begininge and howe that they were by necessity of continuall preiu- dices drawne on by their proiectℯ (who it seemeth more affected their owne priuate Com̃odity then the prosperinge or subsistinge of the Plantac̃ons to a willingnes yea and desire of makinge some Contract wth his Matie hopinge vnder it to enioye, all graceous fauor in their buissinesses: ffirst he said there was 6d p̱li laid vpon Tobacco aboue the former Custome, And although the Patent did clearely free them from it, yet they were opposed by so tough an aduersary (who farmed the 6d) that that it was to their losse at one time to the value of aboue 1000li sterlinge. The next yeare after vpon the Patent for sole Importac̃on graunted vnto Sr Thomas Roe and his Associatℯ they were constrayned from bringinge in any more then 55000 waight from both the Plantations: And the yeare imediately following (it seemeth vpon some newe Proiect) he heard that they required to bringe in all the Tobacco of both Plantations. [116]

The variety of crosses aduised them to listen to the makinge of some setled Contract with his Matie aswell for his Mats proffitt as for the benefitt of the Plantac̃ons thereby to exclude newe practises of the same or other newe Proiectors, and yet this verie Contract for sole Importac̃on had his begininge from an offer made by some principall Members of the Companie, (one whereof was then present) as was openly deliuered at the Counsell Bourd by a verie Honoble p̱son in the hearinge of many on both sidℯ then attendinge wch offer of theirs beinge of a large proporc̃on of money was the occasion of those courses wch haue bin since pursued wch in fine are determined in this Contract, wch as it hath pursued in all the most materiall pointℯ and ∥the∥ iudge- ment of the howse of Com̃ons in the late Assembly of Parliament, so he hoped that beinge waighed in the balance of equall iudgement (the present State of all thingℯ considered) to tend both to the safety and benifitt of the Plantations and noe lesse to the reasonable proffitt of all Aduenturers.

Mr Alderman Iohnson said that it was another bargaine that he offered, but for this bargaine he was sure it was said in the Towne, it was Sr Edwin Sandys contrivinge and for the Salaries his opinion was that if the buissines thriued well they should ∥well∥ deserue them; and ∥mr Alderman∥ protested further that by the oath he had taken, he neuer went about any bargaine but once with Sr Edwin Sandys and Sr Iohn Wolstenholme to the Counsell Table beinge sent by the Com- panie and for the Companies ∥vse∥. mr Caswell said that what Sr Edwin Sandys had reported was true for he heard it.

Mr Wrote said that because he could not haue thingℯ put to the ques- tion, and for diuers other reasons of offence he did appeale to the Quarter Court, And mr Wrote also demaunded ∥desired∥ that they would take some course for the poore Planters seinge he could not be possessed of his owne goodℯ but must come into the Companies handℯ whereby they must attend their sale and in the meane time haue not wherewithall to furnish himselfe with necessaries.

Sr Edwin Sandys said that they had had consultac̃on diuers times about that matter.

To wch mr Deputy replied that this pointe had not bin forgotten but seriously taken into considerac̃on, and that in reguard in the man- aginge of the Contract there was not onely matter of proffitt to be reguarded but there would also ∥likewise∥ occurr many [117] pointℯ of Iustice and equity; besidℯ other matters of very high nature, the Companie had conceaued fitt besidℯ the ordinary Com̃ittee wch consisted of men fitt for Tradinge to choose another extraordinary Com̃ittee of gentlemen all of them of the Counsell, of wch number mr Wrote him- selfe was one, who were to assist the buissines with their best Coun- sell espeacially in buissinesses of this nature wherefore he desired him, if he had any thinge in this pointe for the accomodatinge of the Plant- ers, (wch the Counsell and Comittees were exceedingly solicitous of) that he would at their meetinge deliuer it vnto them.

In the ende the Court beinge much scandalized at the disorder- lynes vsed in callinge in question and disputinge of matters ordered in the Quarter Court, vrged that it might be put to the question whither this matter should be at all disputed, but in a Quarter Cort wch beinge accordingly donne it was ordered it should be silenced till the next Quarter Court.

After this it beinge verie late, the Lord Cauendish moued the Cort in the behalfe of a worthie gentleman mr 1

A blank space in the manuscript.

His lp: further acquainted the Court that this gentleman beinge desirous to haue had some place of comaund in Virginia and findinge the Companie for the present had no place there for him fittinge his quality was therefore an humble Suitor to the Kings Matie, that Whereas by his Highnes Letters Patentℯ vnto the Company there is reserued to his Maties vse a fift part of the gold and Siluer Oare that shalbe found in Virginia his Matie would please to appointe him to be the Receauor thereof But such was his Maties graceous fauor vnto the Companie that he would in no wise graunt him his said Suite vntill he brought a Certificate from the Companie of their consent herevnto: Wch Certificate mr Zouch did nowe solicite the Companie ∥for∥: Wherevpon the Court takinge it into their considerac̃on after some deliberac̃on had thereon ordered a Certificate to be drawne vp to this effect vizt.

Whereas the Companie for Virginia are informed that vpon mr 1

A blank space in the manuscript.

At this Court was read first the Court for Virginia held on the Sum̃er Ilandℯ Quarter Court daye the 27th of Nouember: After wch a good pause beinge made, the Ea: of Southamptonn signified that he pro- ceeded after this manner from the verie begiñinge, whereby if any would take exception at what was sett downe they might haue liberty to speake to it: But no exception beinge taken thereat, his lp: caused the next Court to be read beinge that of the 4th of Decembr wch donne Capt: Martin made request that his old Patent might be redeliuered him, beinge but deposited in the Secretaries handℯ vpon trust and therevpon desired Sr Edward Sackuill (at whose moc̃on he resigned in Court) to speake howe it was, who said that true it was he aduised him to deliuer it vp, because it was exorbitant and vnlawfull, but said confidently that his surrender was absolute and therevpon the Court was pleased to promise him a newe Patent as large as had bin graunted to any other, and touchinge the insufficiency of his old Patent he was told the Mr of the Rolls had receaued good satisfacc̃on, Capt: Martin herevpon desired he might haue a Patent accordinge to the Kings Letters Patents and the Articles; But he was answeared the Com- panie would [120] not make newe formes of Patentℯ for him, but was offered as large a Patent as that graunted to my Lo: of Southampton himselfe or any other auncient Aduenturer whatsoeuer, But Capt: Martin presented in Court a Booke entituled Noua Brittania with a Publication thervnto affixed, signed by the Ea: of Southampton and Some others: In wch booke he said there was promised 500 acres for a single share: wch beinge pervsed, and the wordℯ were found to be not of promise but of hope that vpon diuision there might be allotted so much hereafter vpon a share, but the Booke was noe Act of the Court but a private mans worke.

After this the Ea: of Southampton addressed himselfe to mr Wrote admonishinge him that nowe he had heard the last Court read and the seuerall passages therein, he would applie himselfe and direct his speach wholly vnto the partℯ thereof, and declare freely, whither matters were truely sett downe or noe, Wherevpon mr Wrote humbly praid his lpe and the rest of the Lordℯ and others of the Counsell, that they would please to giue him a full hearinge and that such excep- tions as he should nowe make to the settinge downe of that Court might be admitted and entred wch he said were of three sortℯ, first of Omissions, Secondly for insertinge the order of his speach and not settinge downe thingℯ in their due place, Thirdly for that it was not donn with that candor and fairenes towardℯ him as ought.

And beinge required to goe on accordinge to that order, he said first there was an omission of a speach of his in answeare of the Lo: Cau- endishes to this effect followinge: That he did not p̱string the Acc̃ons of the Counsell, for he acknowledged the Ea: of South̴tonℯ proceed- ingℯ to be alwayes like himselfe, most noble, direct, iust, and plaine, but he said he spake onely of some thingℯ donn in his lps absence when he was out of Towne whereof his lp: could take noe notice, And desired the Court to consider that he did not then beate the Aire or fought for nothinge, for he said he was at that time much pro- uoaked first by mr Deputy who charged him of ignorance, Secondly by Sr Edwin Sandys who said he had donn wronge to the State Thirdly by the Lord Cauendish who was heauy and personall.

To the first mr Deputy made Answeare that in then speakinge that word he did with the same breath explaine himselfe, sayinge I meane ignorance of fact because you were not present.

To the second Sr Edwin Sandys said that if mr Wrote was prouoaked by his speach it was against his will he beinge a gentleman that he had [121] much respected, and that for the wordℯ wch mr Wrote nowe challenged him of they were spoken after ∥that∥ mr Wrote had spoke so violently ∥spoken∥ against the carriage of those buissinesses in the Quarter Court so that it was Prouocatio post factum.

And the Lo: Cauendish told him that the wordℯ he then spake could not be otherwise interpreted but spake against the Contract.

Mr Wrote herevpon made a request vnto the Court that Wittnesses on either side might be examined, and that he might not be proceeded against vpon mens memories, and that he might haue liberty to except against some of them, and desired (because his Cause might be a lead- inge example) that his Tryall might be legall and by the Quarter Court vnto wch he appealed.

His lp: answeared that he could not haue a better tryall of the trueth of thingℯ sett downe in the Court then by such as were present at that Court that both heard and sawe what passed on either side.

But mr Wrote desired his request might be put to the iudgement of the Court the 7th of October last whither it were not equall that he required.

Mr Wrote also charged mr Deputy for the false entringe of a Court the 7th of October last, whereby the Company was brought into debt 3000li. To wch mr Deputy answeared that for the entringe of that Court it was truely and faithfully sett downe by the Secretary and himselfe accordinge to the passages and meaninge of the Court as they conceaued, and was as the order is read on the next Court day followinge, at the readinge whereof mr Wrote himselfe was, and tooke no exceptions, wch if he had knowne there had bin any falsity he ought to haue donne, and otherwise was guiltie of that falsificac̃on wch he nowe challenged him of, But mr Deputy said he would by them that were present sufficiently proue the Court to be true entred: And as for settinge of the Companie 3000li in debt there was no such manner of thinge.

But the Ea: of Southampton said they were gonne quite from the buissines they had in hand and asked mr Wrote why he refused to be tryed by this Court who aunsweared, he had iust cause to decline the testimoneyes of such as were partiall but desired he might haue liberty to take a full informac̃on from those that were then present the Court consistinge of Threescore p̱sons: and complained of the longe intermission of the Corts as if they had bin put of purposely to his preiudice. [122]

Wherevpon the Lo: Cauendish declared vpon what occasion the Courtℯ were put of namely Sr Iohn Brooke accompanied with mr Iohn ffarrar cominge vnto him, Sr Iohn Brooke told him that he founde mr Wrote sorrie for what he had donn and that if my Lo: of South- ampton had not bin gonn out of Towne he would haue gonn to him to haue giuen his lp: satisfacc̃on: Wherevpon he willed that mr Wrote would sett downe his submission vnder his hand: wch he would send vnto my Lo: of Southampton, and therevpon Sr Iohn Brooke in mr Wrotes behalfe desired his lp; that the Virginia Court wch was the next daye to be kept might be put of; for if ye proceedingℯ of the former Court should be openly read he was then bound to stand vpon his iustificac̃on and for these reasons, at Sr Iohn Brooks earnest request in mr Wrotes behalfe, his lp: caused that Court to be put of and for no other reason.

Wherevpon Sr Iohn Brooke acknowledged the trueth of what the Lord Cauendish had deliuered and for that reason the Court was put of: But mr Wrote said he offered not any Submission, but desired peace vpon certaine free condic̃ons vizt, That his suspenc̃on from the Coun- sell should be revoaked, that he should be restored to my Lord of Southamptons fauor and that nothing should be entred in the Court to his disparagement: Wherevnto Sr Iohn Brooke replied that he did not well remember what was then in perticular spoken for he did not thinke he should be called to an Account for it, but said his principall end and ayme in this was to haue made a peace if it had bin possible.

Mr Brooke said that somethinge of necessity must be donn for the honor of this Court wch had bin much scandalized by mr Wrote as for mr Wrots appeale to a Quarter Court he said, it was rather an Appeale from the Quarter Court by Spinninge out the time: And whereas mr Wrote moued for liberty to appointe some to take deposic̃ons of Witt- nesses on his behalfe he held his moc̃on to be verie inconvenient and vnfitt, for neither could any but the Deputy and Secretary take the deposic̃ons, and besidℯ such manner of proceedingℯ would cause a number of great inconveniences that would neuer haue an end, and wished mr Wrote to be better aduised in his speeches, and not seeke thereby to abuse mens iudgements for whereas he said the proceedingℯ of the Parliament vpon an offender was no president for an Inferior Court, he said, the greater Court is, the better president; and that an affront euen to the Court of Pipowder is lyable to censure and pun- ishment, and therefore much more to so Honoble a Court as this was.

The Ea: of Southampton said that mr Wrote ought not to teach them howe to iudge, but willed him to hold to the buissines in hand and to declare whither his wordℯ were truely sett downe in that Cort [123] or no sayinge he had beguñ well and should proceed on still in the same manner to declare the rest of the omissions and his other excep- tions, mr Wrote excepted against the whole Court, sayinge he spake not those wordℯ neither in manner nor forme as they were sett downe, and therefore moued that seinge the Court was eight weekℯ in settinge downe he might haue leaue sometimes to ouersee and pervse the same: And moued further that seeinge they were newe falne vpon matter of Sallaries in this great heate of dispute beinge the stringe whereat he chiefely strooke, that therefore the Salary men might not be pres- ent when that buissines was put to the question: And as for mr Deputy he excepted against him as his Accuser.

Mr Deputy said he was no Accuser of mr Wrote as was well knowne, for the true recordinge of the Court it was the duty of his place and protestinge that he did not knowe of any thinge sett downe amisse nor willingly omitted any thinge to mr Wrots preiudice, and besought the Ea: of Southampton that the Court might be examined by partℯ.

Mr Herbert said that it was to be considered whither they will by Wittnesses or by the whole Court then present examine whither the said Courts be truely or falsely sett downe wch he conceaued was most fittly to be donn by those that were then present

Mr Lawrence Hide said that the Custome of the Court is the lawe of the Court and findℯ mr Wrote haue erred exceedingly against it, and cannot excuse him of folly that he moues from §for§ flyinge from the Court, and therefore admonished him to confesse his error and if he refuse, he feares he hath some worse endℯ in this course he holdℯ.

The Ea: of Southampton after many digressions made by mr Wrote recalled him to the present buissines of the Court in question demaund- ing of him what exceptions he could take against it,: mr Wrote replied he excepted in euery perticuler matter in that Court that concerned him.

At length for rectifyinge the Court and for makinge this a leadinge President, it was proposed whither the Company Court would admit of any exam̃inac̃on of Wittnesses vpon oath and such other courses as mr Wrote desired for Tryall of this buissines or noe, or whither they would trye it by the testimony of them that were present wch beinge put to the question it was by a generall erecc̃on of handℯ agreed and ordered that it shalbe only tryed by those that were then present and eare Wittnesses and not by any such newe and vnusuall courses [124] as were desired: And because it might be the more exactly & cer- tainly donn, it was proposed by some that a large Com̃ittee might be chosen out of them that were present at that Court to examine the true entry and thereof to make report.

But Sr Iohn Dãuers said that a great inconvenience will befall the Companie to recom̄itt that wch is sett downe by sworne Officers, for that any man out of this example may thereby question and trouble the Court infinitely.

Mr Withers said he had seen and bin conversant in many Courtℯ but neuer sawe matters Recorded by a sworne Officer to be questioned.

At length much time beinge spent in this pointe, it was agreed and ordered by a generall erecc̃on of handℯ that for examininge and recti- fyinge the aforesaid Court of the 4th of December, those onely who were then present (as the most competent wittnesses in this case) shalbe againe warned by the Officer to meet on ffriday next to examine duely the perticular passages of the said Court whither it be rightly sett downe by the Secretary or no: And hauinge so rectified the same to the best of their knowledge and memory are to make their report vnto the next Court of their proceedingℯ therein.

The Ea: of Southampton also desired so many of the said Court as were nowe present would take notice of the meetinge on ffriday in case the Officer should not warne them all, in respect the Secrẽ had not taken the names of all that were present at that Cort.

This beinge donn ∥passed∥ mr Wrote moued for a Coppie of the said Cort whereby he might the better informe himselfe of what had passed and make his exceptions vnto each p̱ticuler the more full, but this was by diuers thought verie inconvenient for many waightie reasons and an ill President and that p̱haps vse might be made thereof, much to the Companies preiudice, And mr Io: Smith said that since the trueth of the Court was denied by mr Wrote, and not as yet confirmed by the Court it was not a Record, so as it was but onely to be accounted as a scroll or priuate writinge and therefore it was not fitt to deliuer him any Coppie of it, till beinge fully confirmed and approued it might haue the authority of a Record: Wherevpon it beinge put to the ques- tion, whither mr Wrote should haue a Coppie of it ∥It∥ was by erecc̃on of handℯ denied him.

But it was ordered that he might haue if he would p̱vse it as long as he pleased. [125]

After this mr Wrote moued that he might take notℯ, wherevnto Answeare was made, that if he might haue leaue to take what notℯ he would it were all one to let him haue a Coppie:

Lastly the Act of Counsell touchinge mr Wrote was read.

The Ea: of Southampton signified that the occasion of callinge this Counsell together was to acquainte them with a late informac̃on he had receaued since his beinge in the Countrie touchinge mr Wrote who as he had heard had com̃itted a great indiscrec̃on at the last Court held this day sennight by speakinge after violent and turbulent manner aswell against some pointℯ incident to the Contract, as also against the proceedingℯ of the Counsell and Com̃ittee together with the Actℯ of the Quarter Courtℯ wch had confirmed the same, bend- inge his speach also to the wronge and disgrace of some principall Members of the Companie who had bin imployed in that buissines, whereof he said the Lord Cauendish had in generall aduertized him by his letter without naminge the man that had so donn as might appeare by the Letter it selfe wch his lp: offered to shewe him, wch disorder his lp: said was the occasion of his cominge vp to Towne and of his beinge here at this present and therevpon charged mr Wrote ∥to∥ declare whither this informac̃on were true or noe, who therevpon said that at his first settinge downe in this Assembly he conceaued himselfe to be free but being [126] nowe charged as a Delinquent he was to answeare in his owne defence: And therevpon touchinge the matters laid to his charge he freely protested against any power or iurisdicc̃on the Counsell §could§ haue to question him for that he then spake, consideringe he had (as he said) appealed vnto a Quarter Court, wherevnto he would only submitt himselfe: But he would con- ferr with them if they would, And withall he accused mr Deputy of havinge falsely entred the Court of the 7° of Octobr last either by his or the Secretaries fault and contrarie to the true meaninge of the Court then held whereby he said the Company were brought into 3000li Debt: wch speach beinge deliuered by mr Wrote in a verie violent and contemptuous manner; in wch selfe same manner also mr Wrote had carried himselfe toward the Ea: of Southampton at his first cominge into the Roome before the settinge downe of the Counsell ∥his lp. repeating the same briefly to the Counsell∥ proceeded to aske mr Wrote what he meant thereby and whither he tooke himselfe to be so great a man that they were all as Pigmies in his sight, and added that he did not knowe him to be any Prince of the Bloude, and therefore if it pleased him he might carrie himselfe with more calmenes and respect.

Wherevnto mr Deputy replied to the perticuler Accusac̃on made against himselfe that it was of a verie high nature and deepely concerned the Companie, for the Courtℯ beinge the Companies Recordℯ, the charginge of them with falshood was to call all the pro- ceedingℯ of the Companies into question: And that for himselfe if it should be found that he had donn any such thinge, he deserued pun- ishment, and therevpon briefely declared the manner of the entringe of Courtℯ, howe that the Secretary hauinge drawne them vp brought them to him and he accordinge to the Companies order perused them, and so they were read in the next Court: And accordingly he said was that Court nowe spoken of by mr Wrote, and no exceptions taken against it. In the end he humbly desired that this matter might be strictly examined.

But the Ea: of Southampton said that this was not the buissines they had nowe in hand nor pertinent therevnto, but should be taken into considerac̃on in due time and place and therefore required mr Deputy to declare in ble breife the matters that mr Wrote did so much inveigh against at the last Court: Wherevpon mr Deputy said that mr Wrote did then insist vpon these three pointℯ vizt.

1.
• The lesseninge of the fower Shares.
2.
• The Comp̃: bearinge the 10th p̱t: in ye Ioint Stocke for bringinge home the Spanish Tobacco.
3.
• The Salaries.

But his lp: said that because not onely the matter it selfe he spake of, but his manner of speakinge might much augment his offence he therefore required mr Deputy to deliuer what his wordℯ were [127] concerninge these p̱ticulers: Whererevpon mr Deputy beinge much pressed herevnto said that mr Wrote declared himselfe herein with a great deale of passion wch he conceaued did much mislead and distemp̱ him.

But the Ea: of Southampton said he had heard mr Wrote should saye the buissines was not fairely carried; but matters were hudled vp, that ∥and∥ some thingℯ were fowly and surreptitiously carried, with much art and to priuate endℯ and that the Companies durst not speake because they were ouerawed.

Mr Wrote protested he spake not against the Contract but against the proceedingℯ of the Com̃ittee and against Sr Edwin Sandys and the two Deputies acknowledginge that he then said (and was of the same minde still) that they had vsed much art in the carriage of this buissines.

Wherevpon mr Brooke the Lawyer said that in all Courtℯ of iustice it was a thinge certaine that if a man speake to the disgrace of the Iudge or his iudgement ∥or the Court∥ he was subiect to fine and com̃ittment at the pleasure of the Iudge, and so in priuate Corporac̃ons where any shall speake to the disgrace of the p̱son of the Gouernor or Actℯ of the Court or gouerment thereof, he conceaued the like censure and punishment might passe vpon him.

But mr Wrote replied he was not nowe Coram Iudice and therefore they could not censure him of wch opinion mr Binge was also speak- inge (as he said) out of his experience and knowledge in the Ciuill Lawe

Mr Deputy beinge againe much pressed by the Lordℯ to deliuer clearely and fully what mr Wrote had spoken in open Court as being bound so to doe by the duety of his place (especially when he was therevnto required by the Counsell) said that he well remembred that mr Wrote said then the buissines was not carried fairely and did also well remem- ber that himselfe did saye the buissines was not surreptitiously car- ried, but whither mr Wrote said the buissines ∥It∥ was surreptitiously carried or no, he remembred not, but he conceaued he spake not onely of the proceedingℯ of the Com̃ittee but generally of the whole buissines.

Mr Deputy was generally blamed of the Counsell as seeminge out of his private respect to mr Wrote to remisse in his duety to the pub- lique: The Ea: of Southampton protested that if himselfe had [128] bin in Court, he would not haue required another to haue declared mr Wrots proceedings, and so his lp: and the rest of the Counsell (seeminge to require of some other the p̱formance of that duety wherein mr Deputy was so backeward) the Lo: Cauendish said that if mr Dep- uty would not p̱forme his Duty beinge required by the Counsell they must fall vpon him, and mr Brooke was of the same opinion.

Wherevpon mr Wrote replied to the Lord Cauendish, then you had best be my Accuser, wch vnreverend speach was much distasted by the Counsell and the Ea: of Southampton told him, that although they were all Counsellors, yet there was verie great difference between the p̱sons of diuers of them and in p̱ticuler between mr Wrotes and the Lord Cauendishes to whome he ought more respectfull behauior and language.

But mr Io: ffarrar said that mr Wrote questioned the Gouermt, and the Actℯ and power of the Quarter Court ∥in open termes∥ sayinge he would do it againe and againe, though he was told often that he ought not to doe it, and the Court by handℯ had ordered accordingly as beinge contrary to all lawe and custome and to noe purpose but to disturbe the proceedingℯ of the Company yet could not p̱swade mr Wrote to be quiet mr Wrote replied that he said the Quarter Court had no power by the lawes of the Companie to deriue that authority they did to an inferior Court except in cases, either of inevitable necessity or evident vtility but in this case there was no such thinge to enforce the same: Wherevnto Sr Edwin Sandys made Answeare that by his owne wordℯ it was apparant he questioned the power of the Quarter Court and therefore his speach concerned the maine body of the Contract, but he said he would nowe goe vpon his owne graunt and that forsomuch as the maine bodie of the Contract was so solemly ratified in a Quarter Court and that there fell out some smale differ- encℯ between the Lord Treasuror and the Companie wch could not be at that time accorded without further conference, there was herevpon an inevitable necessity of transmittinge the authority of the said Quarter Court vnto another Court to ioyne with the said Sum̃er Ilandℯ Companie in their ∥Quarter∥ Court to debate further of the said differences, and to ioyne in a finall conclusion of the said Bar- gaine and other thingℯ thereto incident.

Hee said further touchinge his elecc̃on to be the Director that although he was ∥most∥ vnwillinge as diuers then present could wittnesse to take the place wch was so earnestly pressed vpon him by the [129] Court, yet beinge chosen therevnto, and the Lord Treasurors eye beinge nowe fixed vpon him he could do no lesse then labor a finall conclusion of all matters incident to the said Contract together with the Contract it selfe.

But touchinge mr Wrots carriage of himselfe in this buissines he said he had obserued two mayne materiall exceptions wch in his opinion were iustly to be taken against him, first for that he inveighed against that wch beinge ordered by the Quarter Court could not be reformed for the present, Secondly in that he sought to mainetaine his opin- ion by misallegac̃ons aswell of the lawes of the Realme, as also of the lawes of this Companie by the one dishartninge and deterringe of the Companie from proceedinge in the Contract as it was nowe concluded and ordered, by the other insinuatinge into the mindℯ of his Hearers a conceit of ill carriage by the Counsell and Comittees contrary to the established lawes and orders of the Companie.

Touchinge the lawes of the Realme he said that mr Wrote then deliuered that by drawinge the generall body of the Companie into bearinge a part of this Contract and by giuinge the Seale for the p̱formance thereof they engaged the priuate estate of euery p̱ticuler Member to be aunswearable to the Kinge what dammage soeuer should befall in wch Allegac̃on as he clearely failed in his iudgement in pointe of lawe so he vsed this ill meanes to ∥a∥ worse end, and con- clusion namly the disturbance of the Contract so solemnly concluded with the Kinge and nowe not to be revoaked.

And touchinge the lawes of the Companie he manifestly misalledged them to the great wronge aswell of the Counsell as of the Com̃ittees who to his vnderstandinge had punctually obserued them in all thingℯ as namely in makinge Shewe that they were to loose their voices for a yeare who had moued to drawe the Companie into matter of charge without shewinge meanes howe to defray the same and applyinge this lawe to the Propositions for Salaries whereas first it was no matter of charge to the Companie, beinge not to be raised out of their Stockℯ but out of the Tobacco to be brought in, and secondly it was not the moc̃on of any p̱ticuler p̱son wch is onely forbidden in that lawe, but proceeded from an Act of the Counsell and Com̃ittees, where by the waye he praid mr Wrote not to be troubled with the office and Salary granted vnto him, for as he accepted of both most vnwillingly and in sole obedience to the Court, So at the next Quarter Court he would resigne both the one and the other.

In reply herevnto mr Wrote bid Sr Edwin Sandys put his speach into a Sillogisme, and then he would answeare it for it was Argumentum a Desperatis. [130]

Touchinge the matter of the lawe of the Realme mr Herbert beinge nowe present was desired to deliuer his opinion who said that without all question the priuate estatℯ of men could not by lawe be made lyable to paye that for wch the whole Companie stood engaged, vnles there did appeare a practise in some of the Companie to decline the debtℯ by indirect meanes of wch opinion mr Brooke was also and cited a case longe since tryed in Westminster Hall vpon occasion of one that beinge a member of the Corporation of Norwitch that stood engaged at that time for debt was arrested in Westminster Hall for the Debt of the said Corporation, wch matter being forthwch brought to tryall he was acquitted by the iudgment of the Court for that the lawe in that case lookℯ not vpon any perticuler mans person or estate but vpon the whole body of the Corporation as it is vnited and not in his partℯ.

As for the lawe wch mr Wrote had cited with a kinde of skorne and contempt by terminge it to be one of Sr Edwin Sandys lawes wch saith that if any perticuler man proposed any matter of charg vnto the Companie and could not finde meanes to defraye the charge and vphold his Proiect, he was to be excluded from cominge to Courtℯ: It plainely appeared by the wordℯ of the Lawe it selfe to haue bin both misalledged and misapplied.

My Lo: of Southampton demaunded of mr Wrote, why he did raise and mainetaine so strangely that dangerous Proposic̃on of the Seale, it beinge a pointe of lawe and he no lawyer.

But mr Wrote said that since the last Court he had taken the opinion of some learned Lawyeares by whome he was informed that mens priuate estatℯ were also subiect vnto the Companies engagementℯ by their Seale.

Herevpon the Ea: of Southampton told him that he nowe sawe his indiscrec̃on to be as great as he tooke it to be, that beinge of the Counsell he would not impart his minde concerninge that pointe first vnto them, but rather diuulge his opinion in open Court to the preiu- dice of so mayne a buissines as the Contract was and that before he was sufficiently grounded in that wch he spake as appeared by his owne report in askinge Counsell after he §had§ so confidently pub- lished his opinion.

With this mr Wrote Departed sayinge that he came not thither to heare ill wordℯ. [131]

Wherevpon the Ea: of Southampton appealed vnto the iudgement of the Counsell then present what iust occasion of offence hath bin giuen mr Wrote that he should goe awaye in that vnrespectiue manner: And therevpon his lp: protested that seeinge he had so much wronged him and the rest of the Counsell and Com̃ittee in their proceedingℯ and spoken also against the Companie and Courtℯ and most scornefully against the lawes in terminge them Sr Edwin Sandys lawes and in conclusion went away in that ill and most vnciuill fashion he expected to be righted against him for so many wrongℯ and affrontℯ.

Wherevpon mr Gibbs said that mr Wrote was one, whose heart he knewe as well as another and he protested he had alwayes heard him speake with as much loue and respect to his honor as any man lyvinge, so as he was p̱swaded in his soule and conscience he had not so much as an ill thought against his lp: in all that he had said but reguarded and honoured him as much as any man whatsoeuer.

Wherevnto the Ea: of Southampton replied that he should be sorry to haue liued soe that it should be in the power of mr Wrote to wronge him in his Honor or reputac̃on, but his lp: said that mr Wrote hav- inge complained that the Counsell and Com̃ittee carried this buissines fowly and disorderly and against the lawes of the Company and to priuate endℯ howe that could be and himselfe cleare he could not vnderstand: for he said that from the begininge to the end of this buissines, he had not bin ∥not∥ only priuy and consentinge to the pro- ceedingℯ but the principall Actor also in them all.

As for the word ffowly (said by some of the Counsell to haue bin vsed by mr Wrote) mr Withers beinge called in by the Counsell testified it likewise to haue bin so spoken by mr Wrote and that therevpon out of his loue towardℯ him and to prevent his goeinge forward in such ill termes, he replied againe sayinge that the buissines had bin fairely carried and wished that if his Com̃ittiship did trouble him, it were the price of his reconciliac̃on.

After this the Counsell entringe into consultac̃on what was fitt to be donn herein for their reputac̃on.

First mr Brooke deliuered his opinion that he conceaued it fitt that a collecc̃on be made of those matters that are to be obiected against mr Wrote to be ripened against the next Quarter Court vnto wch he hath appealed for that (as he pretended and alledged) he was Coram non Iudice. [132]

It was also thought fitt generally by all the Counsell then present in reguard he had com̃itted so great a contempt against the Counsell there, that he be suspended from cominge any more to Counsell vntill he cleare himselfe of those matters obiected against him and there- vpon caused the Secretary to sett downe his suspenc̃on in manner followinge

At a meetinge of his Mats Counsell for Virginia the 11th of December 1622

The said Counsell haue ordered that notice shalbe giuen to mr Wrote by the Officer that in reguard he hath carried himselfe this daye before them with verie vnfitt and vnrespectiue behauior they thinke fitt he forbeare from com̃inge to Counsell vntill those things he standℯ charged with all be cleared.