The records of the Virginia Company of London

Sr Edw: Sackuill.	mr Geeringe.	mr Ley.
Sr Io: Brooke.	mr Caninge.	mr Tickner.
Sr Hen: Mildmay.	mr Berblocke.	mr Hacket.
Sr Sam: Sandys.	mr Cratford.	mr Harding.
Sr Edwin Sandys.	mr Ed: Iohnson.	mr Morley.
Sr Io: Dauers.	mr Risly.	mr Sparrowe.
Sr Ro: Killigrue.	mr Garrett.	mr Scott.
Sr Tho: Wroth.	mr Cartwright.	mr Lukin.
Sr Nath: Rich.	mr Witherall.	mr Ioseph Man.
Sr Lawr: Hide.	mr Widdowes.	mr Iadwin.
Sr Sam: Argall.	mr Boothby.	mr Edred.
mr Pheasaunt.	mr Hart.	mr Kirby.
mr Nich° ffarrar.	Dor Meddus.	mr Truloue.
mr Alder: Iohnson.	mr Morer.	mr Waterhowse.
mr Io: ffarrar.	mr Porter.	mr Elkington.
mr Brooke.	mr Couell.	mr Gold.
mr Gibbs.	mr Wiseman.	mr ffran: Wathowse.
mr Nicho Hide.	mr Bennett.	mr Wood.
mr Bromefeld.	mr Swinhow.	mr Seaward.
mr Binge.	mr Etheridge.	mr Rich: Bennett.
mr Butler.	mr Hobbs.	mr ffreake.
mr Tho: Shippard.	mr Nichollℯ.	mr Rossingham.
mr Ro: Smith.	mr Caswell.	mr Harrison.
mr Tomlins.	mr Dike.	mr Leuer.
mr Io Smith.	mr Abra: Chamb̴erlen.	mr Io: Wolstenholme.
mr Rogers.	mr Edwardℯ.	mr Barker.
mr Whitly.	mr D'Lawne.	mr Darnelly.
mr Ditchfeild.	mr Meuerell.	mr Barkham.
mr Barbor.	mr Math: Sheppard.	mr Withers.
mr Gough.	mr Mellinge.	mr Strange.
mr Thaire.	mr Cuffe.	mr Whitcombe.
	mr Robertℯ.	mr Lambe.
	mr Woodall.	mr Palauicine.
	Capt̃ Gifford.	mr Collett.
	mr Webbe.	with diuers others.
	mr Owen Arthur.
	mr Gore.
	mr Buckeridge.

This daye was held the Quarter Court for the Sum̃er Ilandℯ
wch hauinge dispatched their perticuler buissines, The Ea: of South̴ton
said that he had somethinge to acquaint them concerninge the Con-
tract; wherefore as also in reguard that the Virginia Quarter Court
had referred the confirmac̃on or reformac̃on if a better course could
be propounded of the Sallaries and manner of managinge the Contract
he therefore moued that in reguard these thingℯ equally concerned
both Companies, the Virginia Companie whereof a large number had
very longe attended in the Parlours might be called in, and these
pointℯ propounded and debated together with them, for so by the
addic̃on of many able and wise p̱sons the matter would be the more
fuller and soundly debated, and more fairely and iudiciously concluded,
and this course was so much the more seasonable because all the
Sum̃er Ilandℯ Companie except some ∥saue∥ one or twoe were free
of the Virginia Companie.

Wherevpon the Ea: of Southampton takinge the Chaire signified vnto
both Companies that the Contract wch had so longe hunge in suspence
was nowe againe sent signed by the Lord Treasuror without any alter-
ac̃on [187] at all from that wch was formerly agreed on by the Quarter
Courtℯ and that the Lords of his Mats Priuy Counsell hauinge bin
acquainted by the Lord Treasuror with the Contract did verie well

265

approue thereof Onely one thinge he was to signifie vnto them from
the Lord Treasuror touchinge the Proclamation wch by the Articles
was to be presently graunted; wch for some waightie reasons, no waye
preiudiciall to the Companies, the Lord Treasuror desired might be
respited for 3 or 4: Moneths only: after wch time the Lord Treasuror
promised there should be such a one graunted vnto them as themselues
desired and in the meane while said that the Companies might make
vse of the Proclamation graunted to the former Patentees, and besidℯ
they should im̃ediately haue his lp Letters written to all the Portℯ in
England in so effectuall a manner as the Proclamac̃on it selfe should
not worke more to their benifitt: The same course likewise should be
held for Ireland by verie effectuall letters written to the Lord Deputy
to prohibite the plantinge of Tobacco there, and to forbidd the impor-
tac̃on of any, but such as by the Companies should be brought in:
Wherefore by these good Supplies the Lord Treasuror conceaued, the
want of Proclamations for so smale a time as is desired could be no
preiudice at all vnto them, but the forbearance thereof was for some
important reasons of State absolutely necessarie.[58]

This the Ea of Southampton said was the Proposic̃on wch he was to
offer vnto the Companies from the Lord Treasuror wherefore he
desired them to take it into their considerac̃on whither they might
giue waye vnto it or noe.

Wherevpon mr Deputy said that if the Companies had so earnestly
desired the Proclamation onely to the intent to debarr the Importac̃on
of Tobacco by any but themselues, the delay thereof for so short a
while as was propounded (the want of it beinge otherwise to be so
well supplied) might in his opinion be yeilded vnto, but he said that
in the first treaty of that pointe the countenance and reputac̃on wch
the Companie should receaue by so publique a Declarac̃on of his Ma
graceous fauor and loue to them in graunting them the sole Importac̃on was a motiue that exceedingly swaide with the Companies: and nowe
on the Contrary the want thereof as it would much discourage them,
so p̱happs it would disgrace them.

266

Sr Edwin Sandys said there neuer hauinge bin any restraint in Ireland
for the Importac̃on of Tobacco, it would be verie difficult without a
Proclamation to doe any good there. [188]

But neither this nor mr Deputies reasons were adiudged of such
force as therefore the Contract should not be proceeded in, by deny-
inge to yeald to the Lord Treasurors request: Wherefore after some
considerac̃on of the Proclamation graunted to the former Patentees
whereof it was adiudged there might be made good vse, and after
much dispute and many moc̃ons made for obtayninge a longer time
for bringinge in of the Spanish Tobacco and that the paymentℯ should
not begin vntill the Proclamation should come forth and diuers other
such like wch were all reiected as thingℯ of no great moment, and wch
perhapps would much distast the Lord Treasuror, the Compa: desired
his lp: to put it to the question wch was donn in this manner vizt:
Whither the Company would conclude this bargaine notwithstandinge
the delaye of the Proclamation vpon my Lo: Treasurors promise that they shalbe strengthned with all other helpes both for this Kingdome
and Ireland: Provided they may haue the Proclamation wch hath bin
already offered by the Companies and approued by mr Atturney or
some other to as good effect before the 20th day of Iune next, and this
condic̃on to be inserted in the Letters Patentℯ This by a generall
erecc̃on of handℯ with an vnanimous consent of the whole Court was
approued no one dissentinge.

This buissines thus concluded the Ea: of Southampton desired them
to proceed with the other buissines concerninge the manner of
managinge the Contract and the Salaries against wch so many and
bitter exclamac̃ons had bin made by some as thingℯ most vniust and
vnreasonable.

But diuers that had heretofore professed themselues against these
pointℯ, moued that because it was nowe verie late the considerac̃on
and disputinge of them might be referred to a farther time, some
sayinge they were not fully prepared, others that they would treat of
it in a Sum̃er Ilandℯ Court ∥only∥ and not in the presence of the Vir-
ginia Companie: Some said that although they were members of the

267

Virginia Companie yet hauinge there no other Aduentures then their
land and lookinge for no goodℯ they would not meddle one waye or
other therein as members of the Virginia Companie, for since the
Salaries was to be raised vpon the goodℯ they did not thinke it fitt to
medle with imposinge any charge, whereof themselues should not
beare a part, wherefore as in a Virginia Court they would say
nothinge but in a Sum̃er Ilandℯ Court, in wch Plantac̃on they were
verie deepely engaged they would declare themselues freely: [189]

To these last mr Deputy aunsweared that he hoped the bond of that
oath wch they had taken as Counsellors for Virginia would away as
much with them to assist with their Counsells and good reasons if
they had any, to prevent the dam̃age of the Plantation in Virginia if
they conceaued any likely to followe by theis Sallaries as their private
estatℯ and proffittℯ should for the Sum̃er Ilandℯ:

But for those other that required further time, he said, it seemed
wonderfull strange to him that men that had raised such straunge
stormes and Tempestℯ concerninge the Sallaries, not onely to the
disreputac̃on of the Companies proceedingℯ but much to the hinder-
ance of the Plantac̃on it selfe and to the vtter disgraceinge and
defaminge of some verie worthie persons, hauinge sought to make
them infamous not onely in this Citty, but through the whole King-
dome and onely for accepting of these Salaries, that after all this
mischiefe donn they should be yet vnprepared wth plaine and euident
reason to ouerthrowe the Salaries he could not sufficiently mervell
and that the more because he sawe before his eyes some of them who
in the Court the 11th of December when the considerac̃on of the Sal-
aries was referred to this present day said that they would against
that time fortifie themselues to cut the Throat of the Salaries:
Wherefore he desired them verie earnestly without any longer delay-
inge to bringe forth those waightie reasons for wch they haue so much
traduced and defamed this matter.

Herevpon some said that the two great Salaries were too high, that
the seruice that should be this yeare donn in sellinge of the Tobacco
could not deserue such ffees, for perhapps the Tobacco would be sold most of it in great p̱cellℯ by the Candle.

268

Sr Edwin Sandys said that hauinge surrendred his place, wch he verie
seriously protested he would not againe accept, he would speake
freely what he thought, he said that he conceaued this buissines to
be one of the most difficult and intricate that in the like kinde had
bin euer attempted: and that the matter of sellinge the Tobacco was
one of the least partℯ of the buissines as had bin well declared in a
writinge presented to the Counsell and Com̃ittees before the Quarter
Court wherein the Offices were propounded and passed, for although
that care and labor should be much eased if the Sales Should passe so
in great p̱cellℯ as was propounded, yet it could not be but that much
would remayne behinde, whereof there must be daylie sellinge, but
this was the Comittees labor propperly, the [190] Directors and
Deputies and Treasurors would be a continuall and endles labor from
the keepinge out of bringinge in Tobacco vnduly, the attendance of
the Lord Treasuror, the aunswearinge and satisfyinge of so many
hundreth of people as would be interessed in this buissines, the pro-
porc̃oninge of mens Diuidentℯ wch would be often to be made and that
verie intricate considering that the buissines depended vpon many
and very indifferent Accountℯ and partℯ wch yet must all be reduced
to one vnity of Acc̃on: These seuerall partℯ he said besidℯ an infinite
number of lesser acc̃ons were so many as the performance of them
did amaze him when he considered of them, so that he did not thinke
that any two mens sufficiencie for vnderstandinge nor hability for
bodily paines could suffice to the p̱formance of all these thingℯ wthout
a great deale of other good help.

Sr Henry Mildmay moued because it was nowe growne very late that
the agreement about the Salaries might be deferred till the next
Quarter Court vntill his Maties pleasure were further knowne whither
he would giue allowance of so great a proporc̃on or noe: but for the
present he held it altogether vnfitt to be concluded vpon.

Wherevnto Aunsweare was made that there was a necessity of resolu-
inge vpon Officers and Sallaries nowe at this present because all the
Tobacco would be come home from the two Plantations before the
next Quarter Court; and therefore if in the meane time no Officers
be appointed for managing of the Tobacco when it shall come home,

269

the buissines would be vtterly neglected and both the Kinge and
Companies will thereby be much preiudiced in pointe of proffitt.

As for further seekinge to his Matie since it pleased him (as by the
Articles appeared) to referr the appointinge of Sallaries to the Courtℯ
consideringe they were to beare two Thirdℯ to his Maties one that was
adiudged altogether needles ∥for∥ hauing by the Lord Treasurors
fauor obtayned that grace why should they not accordingly make vse
of it accordinge as themselues should finde most benificiall for the
aduancement of the buissines.

Mr Alderman Iohnson said that it was to be considered what coue-
nantℯ and explanac̃ons the Agentℯ will enter into to free the Com-
panie from the Contract wth his Matie touchinge the Spanish Tobacco,
he said he found no fault with the Salaries but with the greatnes of
them in grosse beinge 2500li for he said if a [191] smale quantitie of
Tobacco comes home that must be charged for any thinge appeares
to the contrary with the whole Som̃e of 2500li And on the other side
if ready Chapmen be found to take of this Tobacco when it doth come
home by a Iointe Stocke what shall these Sallary men then deserue:
Hee therefore concluded that it were fitt for the faire and safe car-
riage of the buissines that there be a Tripertite Indenture drawne
between the Kinge and the Companies and the Vndertakers and that
there should be a stinte sett downe howe much should be laid vpon
euery pound of Tobacco.

To this last pointe it was answeared that there could not be any cer-
taine Som̃e nowe sett downe, but that was to be left till hereafter,
when if great quantities come in, the burthen would be the lesse, if
but smale quantities then there must be the more laid vpon the pound
of Tobacco in Wch case it was verie certaine that the addic̃on of greater
charge for the raisinge of the Som̃e propounded could not be so much
but that it would be manifoldly repaide by the aduaneement of the
price of Tobacco for it was certaine that if the quantitie of Tobacco
should be but smale, it would be sold at a verie high rate.

Sr Nath: Rich moued that the Virginia Companie would deferr their
resoluc̃on of the Salaries vntill the Sum̃er Ilandℯ Companie haue con-

270

sidered thereof and agreed therevpon, for he hoped that it twas not
intended that these of the Sum̃er Ilandℯ Companie should haue the
same burden laid vpon them as vpon the Virginians consideringe their
Companie is but smale, their debtℯ great, and their Supplies and other
charges are and haue bin of late yeare exceedinge burdensome.

In reguard the Virginia Tobacco will beare a better price then the
Sum̃er Ilandℯ Tobacco that therefore the matter of charge be not made
equall but proporc̃onable.

That the charge of imposic̃ons be made certaine vpon the pound, be
the quantitie more or lesse that comes in, that both the Planter and
Aduenturer may knowe the vttermost of his charge.

Aunsweare was made that the last of these pointℯ were formerly
aunswered: As for the other the case of Virginia was held to be as
hard this yeare as the Sum̃er Ilandℯ could be and therefore the bur-
then must be equall. [192]

Mr Alderman Iohnson at last offred in writinge these Propositions
followinge. vizt.

PROPOSITIONS

To the Honorable Courte of Sommer Islands for the
better performance of the Contract wth his Maty
and in behalfe of the sayde Plantation.[62]

Right Honoble for avoydinge of troublesome or offensiue speach to this Honoble
Court, and the multiplicac̃on of many words and exceptions against the Salaries
as they nowe stand propounded, or against the parties intended for managinge
the sale of our Sum̃er Ilands Tobacco, it is thought convenient by the Author
himselfe breifely to propound in writinge these reasonable proposic̃ons, wch he
desireth may be read and considered and put to the question by this Honoble
Court.

Whereas at a late Virginia Court there was tendered a Proiect by a former
Com̃ittee appointed and an imperfect Draft of another proiect by mr Wrote as
touchinge the Salary and disposinge of Virginia and Spanish Tobacco wch two
beinge compared by the Companie then assembled that of the Com̃ittee was
allowed by erecc̃on of hands & so it stands confirmed.

271

But forasmuch as it is conceaued that neither of those Proiectℯ can be in all
pointℯ fittinge for those of the Sum̃er Ilands Plantation wch stands vpon mayne
Different Termes from that in Virginia It is humbly desired that, y Premises
(so farr as concernes this Plantation) may be better considered and howe to be
carried in the medium of a more equall waye before it be too sodainely con-
cluded in this Court.

That an indifferent Com̃ittee may be nominated and appointed by this Court
consistinge of such as are deepest engaged in the Supplyinge their shares and
in the goodℯ shortly to be returned thence.

And forasmuch as this worke is of great importance aswell for his Ma benifitt
as for the Aduenturers and Planters good if well performed so if otherwise
to the verie great hurt of both.

The Com̃ittees are aduisedly to consider of the Sumer Ilands proporcon of
Salary for Agency, and to agree with those Agentℯ of such explanac̃ons Coue-
nantℯ and assurance to be drawne and indented aswell on the Aduenturers as
on the Agentℯ part to be performed as shalbe thought necessarie for the bet-
ter accomplishinge of the Contract wth his Maty and for securing the Aduen-
turers and Planters in sundrie needfull pointℯ, and also to consider perticulerly
of the Agentℯ already nominated, and of the excepc̃ons to be taken §made§
against some of them.

And that none of those already appointed for Salary in y Virginia nor their
Brethren may be of this Comittee nor to haue voice in Court when this is put
to the question they beinge of a second party wch must conferr with this
Comittee.

ffinally this Com̃ittee shall nominate none of themselues to be Agentℯ or ffactors
for Sallary howsoeuer they may be thought fittinge to be Agentℯ at large with-
out Salary, as beinge such as will haue the greater care of vent and good suc-
cesse in yt wherein themselues haue the greatest share & interest.

ffebr. 22th 1622. By me Robt Iohnson Ald [193]

Wch beinge read it was by diuers aunsweared that such generallities
did not any waye direct them in the perticularities nowe in question
As for the matters desired to be referred to Com̃ittees they were
already vnder a select Com̃ittee, then wch a more sufficient could not
be chosen and these and many other pointℯ had nowe err this bin well
setled had it not bin for the interruption that had bin by these late
courses in defaminge and disgracinge the Officers; wch were such and

272

so many as Sr Edwin Sandys againe protested, that he would not for
any reward whatsoeuer any longer endure them, wherefore he besought
them to make choise of some other in his place, to the intent that for
the want of that officer the buissines did not stand at a staye.

The Lo: Cauendish moued that seeinge Sr Edwin Sandys would by
noe meanes any longer hold the place of Director they would nowe
propose some other fitt man for that office. Wherevpon some nomi-
nated Sr Nath: Rich but he excused himselfe aswell for his owne
insufficiencies as also that he should be often absent out of Towne: In
wch reguard he would not vndertake it for 10000li p̱ Añu: but said if
he were fitted for the buissines he should be willinge to doe it Gratis.

Next some proposed Sr Thomas Wroth but he said he was not fitt
for it.

Some also nominated mr Edward Iohnson but he excused himselfe as
no waye able for such a place.

Sr Natha: Rich desired to be satisfied howe the Planter shalbe dealt
wthall about his Tobacco in case he standℯ in need of present money:
Touchinge wch he said he would nowe make a Proposition to this
Court vizt That he would vndertake together with his frendℯ within
a short time to procure a Stocke of 14: or 15000li to take of the whole
quantitie of Tobacco that should come home wch would be benificiall
both to the Kinge and the Planter.

In the end after a verie longe debate and dispute the Court seeminge
ill satisfied that so many diuersions were made and that against the
Salaries wch were nowe in question, there were brought not better
Argumentℯ, earnestly called vpon his lp: to put the matter to the
question.

Wherevpon his lp: put it to the question whither they would estab-
lish all thingℯ accordingly as they were formerly ordered as well con-
cerninge the Offices as Sallaries, wch beinge put to the question it was
by a generall erecc̃on of handℯ noe one dissentinge ordered and agreed
that the Offices and Salaries should stand accordingly as they were
formerly sett downe. [194]

273

It beinge also put to the question whither they would accept of Sr
Edwin Sandys resignac̃on of the Office of Director or not: It was by
a generall erecc̃on of handℯ denied and on the Contrary he was gen-
erally verie earnestly entreated not to thinke of leavinge the place
vpon any discouragement whatsoeuer: they professinge that without
his assistance they should much doubt of the well managinge of so
difficult a buissines.

The Virginia Court beinge ended the Lord Cauendish tooke againe
the Chaire, and propoundinge the matter of the Proclamation wch the
Lo: Treasuror desired to be forborne for some Moneths it was passed
by erecc̃on of handℯ in the Selfe same Termes together with the whole
body ∥of the∥ Contract as the Virginia Companie had passed it.

As for the matter of Sallaries and Conveyance of landℯ it being
almost eleauen of the Clocke it was moued that this Court might referr
those pointℯ to be disputed and debated of on Monday next with full
authority to conclude them: Wch being put to the question it was
generally agreed and ordered that these two buissinesses should that
day be first handled and ordered before any other.

[62]

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

[58]

The order of the Privy Council for the Contract is mentioned in List of Records, No. 406, Vol. 1.
page 164, ante.

University of Virginia Library

At a Court held for Virginia on Wedensday the 12: ffebruarij i622 beinge the Sum̃er Ilands Quarter Court daye

Present

PROPOSITIONS

At a Court held for Virginia on
Wedensday the 12: ffebruarij i622 beinge
the Sum̃er Ilands Quarter Court daye