CCLXXXIX. Answer to the Foregoing Propositions[16]
March (?), 1623
Papers of Lord Sackville, No. 6167
Document at Knole Park, Kent
An Aunsweare to the Propositions exhibited to the Right Hon'ble the
Lord High Treasuror of England for the equall menaginge of the Contract
with his Majestie concerninge the sole Importation of Tobacco etc.
It is first to be observed, that the Contract hath beene ratified by
Six Quarter Courts; vizt. three of each Companie: noe one man at the
question declaring his dissent, save onely the Deputy, and that in the
first Court onely.
It is also to be observed that the Raysers of troubles in the Courts
namely Mr. Wrote and his abettors, though their pretences have beene
agaynst the Sallaries and the mannor of Importacion of Spanish Tobacco:
yet in the heate of their opposicions, their speeches and reasons have
allwayes reflected upon the body of the Contract itselfe, which being
contrarie to all order hath much distasted the Companies.
And it is nowe to be observed that these Propounders though their
pretence in their wrighting be for the equall menaginge of the Contract,
And although they have often in the courts very solemnly protested and
vowed, that they were not against the Contract itselfe, yet when they
came before the Lord Treasuror, they dismasked themselves, and unani-
mously professed that they were against the very body of the contract:
which sheweth, that these Articles can be noe other then Cavills, seeing
their pretence is one way, and their intent another way.
And before wee come to the answering of the perticuler Articles, wee
are inforced to take excepcions unto the manner of propounding them.
For it is necessarie to be knowne, that the Counsell, Comittees and Com-
panies having first concluded on the Offices necessarie for the menaging
of this Contract, as also of their rewardes by way of Sallarie (according
to the fifte Article of the Contract): The Officers themselves were lastly
chosen in both the Courts: and the burthen was imposed upon the chiefe
of them, in a free and unanimous eleccion, contrary to their most earnest
and often iterated desires.
It is also further to be knowne, that by reason of these troubles,
both the chiefe Officers and divers of the Comittees having voluntarily
surrendred their places, and greatly importuned the Courts, to accept
of their Surrenders; yet the same have beene refused, and they continued
in their offices, much contrary to their wills, and most earnest suits,
whereas contrariwise these Articles are propounded in that manner, as
though the Officers had bin ambitious of this imployment, and conse-
quently were to undertake it with all indignities. Then which noething
can be more untrue and unjust.
1.
To the first Article it is answered, that the matter therein conteyned
is allready regulated in the Quarter Courts of bothe the Companies.
And that the Officers or Agents of the companies have noe more to doe
in the bringing in of the Varinaes Tobacco, then any other perticuler
member that liste to adventure his stock therein: By which order of the
said Quarter Courts, it is declared that the perticuler Adventurers for
the said Varinaes Tobacco are to bring in the proporcion expressed by
the Contract: the Bodies of the Companies bearing a tenth part with
them. But in case of any misfortune by losse of their Tobacco without
the default of the said Adventurers, they are not to be farther charged
also with restitucion or recompence: but the same is to rest upon the
whole body of the Companies, and consequently to be answered out of
the Companies publique Stocks: and if these should not suffice, then out
of the Stocks of the Generall Adventurers returned from the Plantations,
as heretofore in like cases had beene usually done.
2.
In the second Article, the Question is likewise resolved by bothe the
Quarter Courts; vizt. that generally the Adventurers and Planters, both
for price and payment, are to goe in equall lines: Neither of which are to
be ordered or concluded by the officers, but by the Generall Courts them-
selves; the matter being first seriously debated and prepared by the
Comittees. And in favour of the poorer sorte of Planters, there have
beene divers other wayes devised and resolved upon, by the generall
consent of bothe the Courts; both for the advancing of their prices, and
expediting of their payments.
3.
To the third Article it is answered, that it is grounded wholy upon
errors. An error it is, to conceave that the rating of charges, is in the
power of the Officers: being reserved (as all other important matters) to
the Generall Courts. An error it is, to thinke, that the labour of the
Officers, consisteth wholy or chiefly in the matter of Sale: the well men-
aging of the Contract extending itselfe in the difficulties thereof to a
much larger Compasse. And lastly it is an error and misinformacion,
to say that the Salaries amount unto five and twenty hundred poundes:
whereas they come but to Seaventeene hundred poundes. But to the
matter itselfe of this article, the answere is not difficult. For the charges
to be imposed wilbe lighter or heavier according to the proporcion greater
or lesser of Tobacco to be brought in, and that with this comfort both to
Adventurers and Planters that the greatnes of the quantity will diminishe
the perticuler charge; and the smallnes of the quantity will enhance the
generall price.
But whereas there is mencion made of the selling the Tobacco together,
it is to be observed that the course thereof lately propounded, by these
Objectors, is subject to Fraude and much wrong both to the Kinge
and Companies: vizt. that certaine Undertakers, being members of the
Companies, should rayse a greate Stock in money, to buy of all the
Tobacco by way of whole Sale. For considering the courts in the vaca-
cions are often times very thinne, and the Somer Ilandes Court by the
Letters Pattents may consiste of Eighte persons onely: these Under-
takers may easily attayne to be the greater parte of the Courts, and con-
sequently may be both Buyers and Sellers at the same time. A feare
not causeles, but grounded on former experience; whereby some of these
Objectors have made themselves rich, by the great losse and detriment
of the Adventurers and Companies.
To the 4th Article the answere is, that the Court have allready ordered
that the Custome and freight shalbe discharged by the Officers, who are
to be secured from damage by the goodes in their custody.
5.
To the 5 article it is likewise answered that the Courts with Generall
consent (onely one dissenting) have taken full order for security both of
goodes and money: which orders have beene read before the Lord Treas-
uror, and wee suppose they are more exquisite for caution on all sides,
then are used in anie other Company whatsoever, as at the making of
them was openly acknowledged. The perticularities whereof are to
long to be here sett downe: but are ready to be shewen to any that shall
desire to see them. Whereunto wee may add a strict oath, which is to
be administred to all the Officers of what degree soever, for just and
equall dealing, both in keeping, preserving, selling and accompting for
the goodes; as also in making the paymnts at such time as they shall
growe due wherein the Officers also from time to time are to be directed
by the Courts.
6.
To the Sixte Article, it is answered, that by vertue of the Contract,
the Proclamation mencioned was presently to come forth. But upon
mocion from the Lord Treasuror, the Companies have consented, that
it may be forborne till the Twentith of June: at which time the Lord
Treasurer hath promised that it shalbe published. Of the performance
of whose promise, though the Propounder here seeme to make soe great
doubt; yet the Companies will make none at all: and therefore hold it
unfitt to follow the Propounders stepps any further; in which it seemeth
that jealousy hath outrun their duety.
7.
To the Seaventh it is answered that the Officers are to be accomptable
for all charges, if five and twenty hundreth poundes will serve, the re-
mayne is to be restored. If more be necessary, that which wants must
agayne be leavied. That the Officers out of their owne estates, should
beare those uncertaine burthens, of desperate debts, suits in lawe, shrink-
age and the like, is soe farr not onely from Equitie, but from all ordinarie
reason, that they hope the Propounders themselves upon better consider-
acion will retract the Question.
8.
To the Eighte Article it is answered, that the case of meane Tobacco
is much more difficult without this Contract, then with or under it. For
the Twelve pence on the pound amounted to much more then the vallue
of one entire halfe, not onely of the meaner, but also of the middle sort
thereof as experience hath shewed.
9.
To the Ninth Article, which layeth aspersions on the Officers' persons,
the Answere is plaine. The two chiefe Officers were chosen by the Ballat-
ing box with 65 votes for them, and not above five against them. The
Eighte Comittees were chosen by ereccion of handes out of the nomber of
Sixteene, named by the Courts to stand for the places: In which nomber
of Sixteene, were divers of these objectors. The Companies made choise
of them whome by experience they knewe to love the Plantations, and
were fitt for the diversity of imployments incident to this busines: some
of them being Merchantes, some Retaylors, some skilful in the Portes,
and others such as by long continuance and attendance in the Courtes,
were skilfull in the affaires of the Companies and Plantacions and withall
large Adventurers. Of which Eighte, six have beene yearely chosen
Comittees and Assistants for these Three yeares last past; neither any
just excepcion can be taken to any of them by mindes unpossessed with
partiallity or mallice, neither are the companies to be blamed in this or
other their eleccions, if they have rather made choise to entrust their
Goodes in the hands of men untainted for integritie and honesty, then in
theires, whose wisdome hath beene for their owne perticular benefitt,
who in their former menagements of Tobacco have reduced Seaven thow-
sand poundes sterling to Fower thowsand poundes, and who never yet
gave up any faire account of the Companie's goodes.
[Indorsed:] Aunsweare to certen Propositions exhibited to the Lord
Treasuror concerning the Contract.
