University of Virginia Library

At a great and generall Quarter
Court held for Virginia on Wednesday
in the Afternoone the 20th: th of NouembR
i622

                                                 

	Ea: of Southampton.
	Lo: Cauendish.
	Lo: Padgett.
Sr Edw: Sackuill.	mr Tomlins.	mr Penistone.
Sr Edw: Sandys.	Capt: Bargraue.	mr Widdowes.
Sr Iohn Brooke.	Capt: Martin.	mr Baỹham.
Sr Rich: Lovelace.	mr Challonr.	mr Roberteℯ.
Sr Hen: Mildmay.	mr Copeland.	mr Martin.
Sr Rob: Killigrue.	mr Palmer.	mr Barbor.
mr Edw: Spencer.	mr Scott.	mr Colt.
mr Nicho: ffarrar Dpt̃.	mr White.	mr Caswell.
mr Gibbs.	mr Bull.	mr Harrison.
mr Wrote.	mr Palavicine.	mr Newport.
mr Wilmer.	mr ffoxten.	mr ffogge.
mr Bromefeild.	mr Bennet.	mr Rossingham.
mr Risley.	mr Wiseman.	mr Procter.
Dor Gulstone.	mr Meuerell.	mr Sparrowe.
mr Io: ffarrar.	mr Stone.	mr Geo: Smith.
mr Porter.	mr Garrett.	mr Hobson.
mr Io: Smith.	mr Delbridge.	mr Bromefeild.
mr Bland.	mr Morewood.	mr Spruson.
mr Shepard.	mr Peake.	mr Addison.
mr Cranmer.	mr Barkham.	mr Wheatley.
mr Binge.		mr Chetly.
mr Derds.		with diuers others. [88]

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.[38]

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