 | The records of the Virginia Company of London |  |
An extraordinary Court for Virginia
on Satturday in the afternoone the 29th
of Iune i622
| Right Honoble | Ea: of Southampton. |
| Lo: Cauendish. | |
| Lo: Haughton. |
| Sr Edwin Sandys. | mr Bull. | mr Bennett. |
| Sr Sam: Sandys. | mr Paulauicine. | mr Woodall. |
| Sr Io: Dãuers. | mr Palmer. | mr Swinhow. |
| Sr Io: Brooke. | mr Caswell. | mr Peirs. |
| mr Gibbs. | mr Widdowes. | mr Iadwin. |
| mr Nich: ffarrar Dpt̃. | mr Baynham. | mr Harrison. |
| mr Io: ffarrar. | mr Geo: Smith. | mr Berblocke. |
| mr Ro: Smith. | mr Mellinge. | mr Iefferson. |
| mr Tomlins. | mr Bolton. | mr Robertℯ. |
| mr Oxenbridge. | mr Hackett. | mr Ditchfeild. |
| Capt: Bargraue. | mr Withers. | mr Perry. |
| mr Cuffe. | mr Wiffin. | mr Porter. |
| mr Binge. | mr Hart. | mr Nichollℯ. |
| mr Copland. | mr Rider. | |
| mr Whitly. | with diuers others. |
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
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.
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.
- That the Compagny haue the sole[22]
importac̃on of Tobacco into the Realmes
of England and Ireland. - That his Matie by Proclamac̃on inhibite all others vnder paine of confiscac̃on
of their Tobacco and his Mats high displeasure. - That likewise the plantinge of Tobacco in England and Ireland be forbid-
den by the same proclamac̃on vnder a grieuous penalty. - 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. - 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. - 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. - 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. - That his lp: be pleased to take a strict course for the preventinge of all
vndue bringing in of Tobacco by other meanes. - 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. - 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. - That this Contract begin at Mich̴as next and continue for seauen yeares.
- 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. - 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. - 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. - 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.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
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]
urors behalfe to the Proposicons of the Companies touchinge the sole Impor-
tation of Tobacco.
conall addition be altered into an absolute graunt of a third parte.
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.
of Garbellinge.
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.
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.
Companies to rest satisfied herewith.
tract hauing bin omitted in the first Propositions.
aboue 60000 waight.
Matie against the grauntinge of Licenses to Retaylors of Tobacco: But that the
Sale thereof may remaine free as hitherto it hath donne.
his lp: is pleased to leaue to be sett downe by the Companies vpon full debate
of all reasons thereto incident.
brought in these seauen last yeares endinge in Mich̴as i62i amountinge to
1420854/7.
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.
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.They say that the former Patentees for the sole Importac̃on were free from
this Bond.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.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.
1.
2.
3.
4.
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]
| The records of the Virginia Company of London | |