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At a Court held for Virginia ∥and the Sr Ilandℯ∥ on Wedensday the 19th of ffebruary i622

       

Right Honoble	Ea: of Southampton.
	Lo: St Iohn.
	Lo Cauendish.
	Lo: Padgett.

       

Sr Io: Ogle.	mr Binge.	mr Ro: Smith.
Sr Io Scudamore.	mr Paulavicine.	mr Bolton.
∥Sr Edwin Sandys.∥	mr Tho: Shippard.	mr Hardinge.
Sr Ro Killigrue.	mr Caswell.	mr Webbe.

                                                     

Sr Io: Brooke.	mr Berblocke.	mr Cuffe.
mr ffreake.	mr Rogers.	mr Hart.
mr Garrett.	mr Barbor.	mr Balmford.
mr Palmer.	mr Meuerell.	mr Swinho.
mr Wilmer.	mr Nichollℯ.	mr Buckeridge.
mr Nich° fferrar Dpt̃.	mr Whitly.	mr Bull.
mr Brooke.	mr Mellinge.	mr Waterhowse.
mr Gibbs.	mr Gough.	mr Swayne.
mr Io: Wolstenholme.	mr D'Lawne.	mr Hackett.
mr Bromefeild.	mr Wiseman.	mr Truloue.
mr Risely.	mr Withers.	mr Elkington.
mr Io ffarrar.	mr ffursman.	mr Swinhow.
mr Tomlins.	mr Tatam.	mr Southerton.
mr Baynham.	mr Edwardℯ.	mr Withers.
mr Seeward.	mr ffoxten.	mr Robertℯ ∥wth∥ [195]
mr Woodall.	mr Eldred.	mr Hurd.
mr Hakett.	mr Hobbs.	mr Waterhowse.
mr Winne.	mr Taylor.	mr Tho Waterhowse.
mr Tho: Iohnson.	mr Cartwright.	mr Widdowes.
mr Norwood.	mr Barker.	mr Gifford.
mr Ley.	mr Silas Taylor.	mr Leuer.
∥mr Meuerall.∥	mr Manger ∥Moorer.∥	mr Harrison.
Capt: Bargraue.	mr Iohn Smith.	mr Woodworth.
mr Rossingham.		mr Kirby ∥wth diuers
mr Owen Arthur.		others.∥
mr Norwood.
mr Newport.

The Quarter Court held the 5° of this present Moneth was read, wch
beinge donn the Ea: of Southampton desired that if any man could
take any exception at the entringe of the said Court he would doe it
but no man takinge any exception thereat, his lp: after a good pause
and diliberac̃on beinge desired by diuers put it to the question whither
they conceaued that Court to be rightly sett downe accordinge to the
true effect and meaninge of what then passed, It was by a generall
erecc̃on of handℯ approued to be rightly sett downe no one dissentinge.

Mr Caswell said the menc̃oninge[63] of passinge certaine shares in the
end of the Court nowe read did bringe to his remembrance a thinge
wch diuers good members of the Companiehad with much solicitous-
nes & care and oftentimes thought and treated of, that is concerninge
the manner of admittinge men to the freedome of this Companie wch
seemed to them to be donn with more speed and lesse care and con-
siderac̃on then were requisite in a buissines of so high importance as
the Plantac̃ons are wch as it is well know[n]e haue many and sore
enimies diuers of wch (p̱haps to the intent they may do the more
harme) seeke to obtaine the freedome of the Companie; and that as
admissions nowe passe (vizt) vpon the first proposinge could not be
avoyded nor hindred.

Wherefore for the preventinge of so great inconveniences as the com-
inge in of such p̱sons would breed to the Companie, his moc̃on was
that it should be ordered and made a lawe that no enimy or open
hinderer of the Plantations or vnworthie should be admitted into this
Society, and for the better keepinge of them out he propounded that
it might be ordered that if exceptions should be taken against any
p̱son that should be propounded, either as an enimy or euill willer to
the Plantac̃ons or otherwise not worthie of this Society that the
admission of such p̱sons should not be imediately graunted at the
same Court but respited to the pleasure of the Quarter Court next
followinge. [196]

The Ea: of Southampton said he had not heretofore heard of the
Proposition of mr Caswell but vpon the first veiwe it seemed to him
verie good and reasonable that there should be good care and order
held in the admission of men to the Company of Virginia and the
Sum̃er Ilandℯ, diuers others likewise of the Companie com̃ended mr
Caswellℯ moc̃on, and that the rather because that whereas in all other
Companies men take an oath to be true and faithfull to the Companie
in these Companies there is no such thinge: Wherefore it were fitt
that since that time ∥tye and∥ obligac̃on is here wantinge, that there
should be so much the more care and considerac̃on had in admittinge
of men.

But against this it was obiected that it was contrarie to the lawes of
the Companie, wch said that admission shall not be denied where it is
due: And it was further alledged that the Land in Virginia beinge
held in free Soccage it could not by the lawes of the Realme be for-
bidden, but a man might sell and put ouer his land to whome he
pleased, and therefore the Companie could not deny to admitt any
man.

To the first it was answeared that the lawes of the Virginia Com-
panie, did not speake one waye or other concerninge that matter, but
that that clause was in the Sumer Ilandℯ Lawes wch yet could not be
so farr strained as that therefore any enimy or vnworthie p̱son should
be admitted.

ffor the wordℯ are ∥where it is∥ apparantly due But certainely it is
iustly questionable whither an enimy or vnworthie person should be
admitted But for the second obiecc̃on the Ea: of Southampton said
that he did not vnderstand ∥the Proposition∥ to be ment concerninge
the passinge of Right and possession of landℯ but onely concerninge
the giuinge of vote and settinge in Courtℯ wch a man might be debarred
of, although he had not onely right but possession of landℯ in either
of the Companies as was euident by the example of mr Wrote who
although he was vtterly disabled from cominge to the Courtℯ yet his
landℯ and ffreeholdℯ in both the Plantations were not taken from
him: Wherefore although the Companie might not deny or debarr
any man from sellinge his land to whome he pleased, yet they might
refuse to accept of an vnworthie p̱son as to haue voice amongst them:
And this mr Christofer Brooke said was not ∥not∥ onely ∥not∥ con-
trary but agreeable to the Lawes, for in diuers cases of right there
was sued out notwithstandinge a writt of Ad quod Damnum before
the thinge desired could be effected, And this respite of Admittance
desired, was in effect no other then as a writt Ad quod Damnum
wch beinge returned and cleared the Admittance would of it selfe
ensue. [197]

Sr Edwin Sandys also alledged the daylie practise of the Companie
who refuse to admitt of any passage of landℯ from him that is indebted

to the Companie wch is to be vnderstood from hauinge voice in Courtℯ
onely for it is not questionable, but that though a man be indebted to
the Companie, he may passe his landℯ to any other, and that he that
shall buy it shall haue as good right and title as the first had, but yet
by the lawes of the Companie he cannot haue voice in the Courtℯ
vntill the debt be satisfied to the Companie, wherefore if in this case
the Companie deny admission much more may they do it vpon such
other waightie exceptions as were propounded.

But it was further obiected that if vpon exception taken against a
p̱son propounded the Admission should be delayed and the matter
referred to the Quarter Court, it would be in the power of any mali-
cious man to affront and disgrace whome he pleased, and either he
must sett downe with the repulse or elℯ put himselfe vpon a Tryall
and censure of a multitude, whereby although he should in the end
be iustified, yet he might incurr much disreputac̃on and in the meane
while haue his good name tossed vp and downe in mens mouthes:
Wherefore they were of opinion that that course would be full of
Scandall: as for clearinge the Companie of vnworthie Members; it
was in the Companies power vpon iust reasons to expell them and
cast them out.

But the Ea: of Southampton aunsweared that it was both easier and
safer to prevent the admittinge them, then beinge admitted to cast
them out, and for the former part of the exception that they should
gaine much more credditt by beinge so honobly cleared then they could
suffer disreputac̃on by beinge maliciously excepted against, and that
consideringe the great shame and infamy that he that should mali-
ciously call anothers worke in question should vndergoe men would
be wary howe they hazarded their owne fame and good reputac̃on in
callinge others in question, wherefore this danger would hardly light
vpon any that deserued it not.

In the end after much dispute it was resolued that there should be a
Com̃ittee appointed to consider against the next Quarter Court of some
fittinge lawe to be made concerninge the admittinge men in an orderly
and warie manner and perticulerly ∥for∥ the preuentinge of admit-

tinge of vnworthie Members ∥p̱sons∥ wch Comittee accordinge to the
forme prescribed in the lawes are to bringe their labor to the Counsell,
and the Counsell to the Præparatiue Court, and so to the Quarter
Court: This beinge put to the question was by a generall erecc̃on of
handℯ noe one dissentinge ordered: And for Comittees to prepare the
buissines [198] was named
       

Sr Robt Killigrue.	mr Christo: Brooke.
Sr Edwin Sandys.	mr Wither.
Sr Iohn Dauers.	mr Berblocke.
Collo: [64] Ogle.	mr Caswell or any 4:

who were desired to meete as soone as conveniently they could treate
thereabout, In the meane while till the matter might by a lawe be
fully and p̱fectly established, it beinge put to the question was by
erecc̃on of handℯ ordered, that no admission should be graunted at the
same Court where it was propounded but referred to the next Quarter
Court after; when when if no exception at all were taken or but such
as should be friuoulous the admission should be confirmed but if any
iust or weightie exception were taken against the p̱son propounded,
then the Admission should be deferred vntill the Quarter Court next
followinge.

Vpon the naminge of the former Comittee some nominated a gentle-
man who had spoken against the mayne Proposition that was co[mtilde;]it-
ted: Wherevpon the Lord Cauendish said that he hauinge spoken
against the matter it selfe, might not be of the Com̃ittee accordinge
to the order in Parliament, where none that speake against the body
of a Bill may be of that Court ∥Comittee∥ to wch the considerac̃on
thereof is referred, in reguard that he that is wholly against a thinge
that would destroye it, and therefore could not be adiudged a fitt
instrument for the rectifyinge of it: This course the Court held verie
fitt to be kept hence forward, and beinge informed by Sr Edwin
Sandys and mr Deputy that the handlinge of thingℯ by Com̃ittees was
not so well and orderly regulated as were fitt: The Court by erecc̃on
of handℯ ordered that the former Com̃ittee should likewise take that

pointe into their considerac̃ons, and thinke of some fittinge orders for
nominatinge and meetinge of Com̃ittees and for direcc̃ons howe they
should proceed in buissinesses referred vnto them, and in this pointe
the Com̃ittee were desired, likewise to bringe their resoluc̃ons to the
Councell Cr that a lawe might be made thereof.

Sr Iohn Dauers propounded that whereas Sr Iohn Treuor the ffather
desires to passe two of his Shares of land to Sr Iohn Treuor his Sonn,
he not beinge indebted notice might be nowe taken thereof that his
admission might be graunted at the next Court if no excepc̃on were
taken.

Mr Mellinge likewise propounded the passinge of two Shares to mr
Boothby and that his admission might be also graunted at the next
Court, if no exception were taken.

Mr Gideon de Lawne propounded also the passinge of two Shares vnto
his Sonn, and desired his admittance at the next Court. [199]

Mr Binge and mr Woodall moued that they might haue a Coppie of
that Petition wch without a name was exhibited and read in ye Quarter
Court against them: It was answeared that since the Court did then
refuse to enter farther into the examinac̃on of the matter obiected
against them, because their was no name to the Petic̃on that there-
fore they need not trouble themselues to make further answeare
therevnto, but they pressinge much to haue a Coppie giuen them of
it, wch the Secretary acknowledged to be in his handℯ it was moued,
because the Court seemed of different opinions, that the decidinge
thereof, that the decidinge thereof should be deferred till the publique
buissinesses (wch were exceedinge waightie and important) should be
handled, it beinge directly ordered by the lawe, that publiq̢ buissi-
nesses should haue precedency before all priuate.

Molasco the Polander likewise earnestly besought that his petic̃on
might be read alledginge that he had attended aboue a Quarter of a
yeare, and the Ea: of Southampton said that if his case were as he
were informed he had suffered much wronge.

Mr Deputy said that he was not altogether ignorant of the matter but
knewe that there was so fowle oppression that had bin vsed to the
poore man, and likewise vpon diuers others in the like cases as he was
afraide, both the Companies and Plantations did to the waight of their
owne sins suffer Godℯ punishment for these former offences: Where-
fore he thought it most necessarie to endeauor the rightinge of him,
but that was to be donn accordinge to the forme prescribed by the
Quarter Court: In this Court it could not be donne his case beinge
verie longe and somewhat intricate: Wherevpon the Ea: of South-
ampton willed mr Deputy with all convenient speed that might be to
call the Comittee to whome that matter was referred that so the Court
might doe him iustice: Wch mr Deputy promised.

These thingℯ beinge thus donne the Ea: of Southampton said that the
Director and Com̃ittees had yesterday mett and treated about diuers
pointℯ concerninge the managinge and orderinge of the buissines him-
selfe, the Lo: Cauendish and some other of the extraordinary Com̃ittee
beinge present wth them from two of the Clocke till almost Eight at
night: And although the time was but short yet they had so well
digested and contriued matters as himselfe and others rested much
contented in the good forme that was propounded by the Director and
the Com̃ittees, for the safe orderly and faire cariage of those seuerall
perticulers wch seemed most to affect them that had opposed the car-
riage of the buissines in that forme, and by those men wch the Com-
panies had concluded and chosen, wherevpon he willed mr Deputy to
make report from pointe to point of what was by the Director and
Com̃ittees propounded. [200]

But before mr ∥Deputy∥ beguñ the Lo: Cauendish tooke the Chaire
and acquaintinge the Sum̃er Ilandℯ Companie that he had purposely
caused a Sum̃er Ilandℯ Court to be this day warned to the intent that
they might likewise vnderstand and consider of those waightie pointℯ
that did equally concerne them with ye Virginia Companie wherefore
he desired them likewise with all serious care to obserue and consider
of the thingℯ that should be propounded and reported that they might
afterward either confirme or amend them.

Wherevpon mr Deputy desired of both the Companies dilligent and
carefull attenc̃on because the pointℯ were waightie and full of diffi-
culties and further besought them freely to make what Obieccons they
could in euery perticuler for soe either they should be satisfied or the
thingℯ amended.

ffirst therefore he said, that the Com̃ittees considerac̃on did beginn at
those p̱ticulers, where the Contract ended, wch howe farr it went the
the 6: Article expressed vizt That not onely the sole Importac̃on but
the sole sale was to be managed by ye Companies that is (as there is
explayned) by such Officers as the Companies should choose and
depute: This he said he did thinke necessarie to promise for the
answearinge of those doubtℯ and exceptions wch he had heard by many
both publiquely and priuately made (vizt) that they should be debarred
of the possessions of their owne goodℯ, that they must trust the sale
of them to others Cr ffor this condic̃on did arise imediately and was
inherent in the very Contract it selfe, so that whosoeuer would enjoy
the liberty or benifitt of bringinge in Tobacco hither must without
dispute resolue to submitt himselfe therevnto, and therefore he desired
that noe man would call those thingℯ in question but for the safe and
secure custodie both of the goodℯ themselues and also of the money
after they should come into the Officers handℯ and for the faire just
and equall orderinge and disposinge and sellinge of the Comodity and
that to the best proffitt and aduantage both of the Companies and his
Matie the Director and Com̃ittees had propounded these courses fol-
lowinge to be held, wch he would in the selfe same order relate as they
were by them considered of.

ffirst therefore to beginn with the arriuall of the goodℯ here they con-
ceaued fitt that some Officers men of trust and that should take an
oath should im̃ediately be sent abourd the Shipps to take care that no
Tobacco should be stolne out of the Shipps but all might be duely
brought into ye Companies handℯ.

Secondly that the Maisters of Shipps and such others as should be
thought requisite should vpon their oathes be examined and charged
to deliuer a true and faithfull Invoice of all the Tobacco brought home
in their Shipps. [201]

Thirdly that besidℯ the Husband there should be at the least two of
the Com̃ittees appointed for the takinge vp of the goodℯ out of the
Shipps into the Custome howse who should with the Husband take
exact notice of the waight of euery mans goodℯ and howe it was agree-
able to the invoices, and howe it was condic̃oned to the intent that if
by the Marriners or others there had bin any fraude and imbeasel-
linge in the quantitie or by their neglect or default the goodℯ were
spoiled, there might be restituc̃on made respectiuely vnto the Owners.

ffourthly for the discharginge of the Custome ffreight Cr the Director
Treasuror and Com̃ittees should take order, without troublinge the
priuate Aduenturers; to laye downe the moneys wch should be due,
wch was conceaued would be generally a great benifitt and ease vnto
the Aduenturers and Planters, and they might safely vndertake it, in
reguard they had the whole goods in a pawne to make themselues
full satisfacc̃on.

ffiftly after the goodℯ were cleared from the Custome howse, the
Com̃ittees together with the husband should take care, for the Safe
conveyance and suer keepinge of the Tobacco in the Warehowses and
Storehowses belonginge to the Companie, for the accomplishment
whereof these courses were propounded.

ffirst that it should be the care and charge of the Husbaund assisted
with two of the Comittees at least to receaue in the goodℯ, and to
keepe a Booke plainely expressinge the quantitie waight and markℯ
of each mans parcell of Tobacco and in what Warehowse it is put:
Wch beinge donn, the said Bookℯ of the Husband should be presented
to the Director, and the rest of the Officers who should take order
that the Bookeeper should out of the said Bookℯ frame an orderly and
plaine Account, wherein should be expressed what quantity of Tobacco
belongℯ to euery man and where it lyes.

And to the intent that men may rest secure that their goodℯ should
not be purloyned nor imbeaselled by any meanes, it was conceaued
fitt, that for euery roome or Warehowse there should be three seuerall
lockℯ and keyes whereof the Director or Deputy should haue one, the

Husband another, and the Third should be entrusted to some of the
Comittees So that it should not be in the power of the Husband to
goe ∥in∥ but with the knowledge and consent of the Director Deputy
and Com̃ittees: And when he did goe it should not be but in the pres-
ence and Companie of two of the Com̃ittees at least, and that neither
Curinge Sortinge Shewinge nor Sellinge should be at any time by
fewer then two of the Com̃ittees at least together with the Husband:
And although this course would cost the Com̃ittees both much time
and labor yet it was thought requisite to be donn for the full securinge
of mens mindℯ, for in reguard that the Com̃oditie doth of it[s] owne
nature much wast and diminish by longe lyinge if the meanes of
imbeazellinge were not in some extraordinary manner preuented and
debarred suspitious mindℯ or euill affected would take occasion (as
sometimes heretofore hath bin seen) to impute the losse wch came by
dryinge to the falshood of them vnder whose custody it was. [202]

But this course as it would take away all meanes of doeinge wronge,
so it would take away all scruples and feares out of mens mindℯ.

This pointe ∥being∥ related thus by mr Deputy diuers of the Com-
panie spake in approbac̃on of the course prescribed, but no man mak-
inge any obiecc̃on against it, onely diuers required that if it were
possible the Warehowses and Storehowses might be all in the Com-
panies howse or at least as neare as possible could be, and mr Roberts
desired that the Virginia and Sum̃er Ilandℯ Tobacco should be kept
in seuerall roomes; To wch Answeare was made, it was so vnderstood
because there were seuerall Accountℯ to be kept of them. And that
not onely the Tobaccoes of the two Plantac̃ons were to be kept
assunder but the seuerall sorts of either Plantac̃on were likewise to
be kept in seuerall Roomes: It was also dem̃aunded by some howe
the Husband should doe when occasion should require that the
Tobacco should be shewed in seuerall warehowses, to wch it was
aunsweared that he should haue vnder him an inferior Warehowse
Keeper, and if there were occasion to be in many Warehowses at once
he might depute others in his place who should be paide for their
paines, but without two Com̃ittees no man should take ∥medle∥ any
goodℯ.

In the end the Court desired[65] his 1p: put it to the question whither
this course propounded by the Com̃ittees did satisfie the Companie in
the point of safe keepinge their goodℯ, and whither they would rest
satisfied with this Security and so order, that this Course propounded
should be held, It was by a generall erecc̃on of handℯ agreed (onely
one dissentinge) that that course was good and safe, and should there-
fore accordingly ∥be∥ held and obserued.

It beinge past fiue of the Clocke the Ea: of South̴ton p̳pounded the
continuance of the Court, so longe after 6: of the Clocke till buissi
nesses might be dispatched wch by erecc̃on of handℯ was confirmed.

The Lo: Cauendish also takinge the Chaire propounded the continu-
ance of the Sum̃er Ilandℯ Court so longe after 6: of the Clocke as
there should be occasion.

The goodℯ beinge thus agreed to be sufficiently safe, the next pointe
mr Deputy said that came into considerac̃on was the Securinge of the
moneyes that should come into the Treasurors handℯ that the Com-
panie might thereby rest satisfied, that they should not suffer dam̃age
neither by losse of the moneyes itselfe nor ∥of∥ the Treasurors
imployinge it to other vses. [203]

And first they considered of that course wch was intimated by some
both publiquely and priuately (vizt) the takinge of great Bondℯ and
Suerties for the Treasurors makinge good whatsoeuer moneyes should
come to his handℯ. But consideringe that the Stocke was twoe great
for almost any man to finde Suerties able to aunsweare such a Som̃e
and that in farr greater Stockℯ of other Companies that was not
required; they did not conceaue it fitt to dem̃aund that kinde of
Security of the Treasuror, espeacially consideringe the smale fee that
so great paines and charge he was to vndertake: for although there
was 400li allotted vnto the present officer vnder the name of Treas-
uror, yet it was not onely for the Seruice he should performe in that
office, but in reguard of the place of Deputy wch he was also to exe-
cute, wch if it had bin alone would in their iudgementℯ haue deserued
300li Wherefore they did not thinke it reasonable to dem̃aund such

condic̃ons as p̱happs were impossible certainely very difficult to be
p̱formed; and so much the rather because the Kinge hauinge interest
in the buissines men would be wonderfully Shye of any waye entringe
into Bond in such cases.

Wherefore they thought it better both for the present and for here-
after to turne their thoughtℯ to the setlinge of such a course and forme
as might preuent that §no§ dam̃age could happen, rather then howe
it should be repaired after the losse came, by ∥wch∥ the waye of Bonds
and Suertishipps only implyed, and did not alwaies proue soe effec-
tuall as it seemed to carrie shewe, by reason that many casualties
might happen and many courses might be taken whereby the Security
would be frustrated: Wherefore after mature deliberac̃on they fell
vpon this course followinge.

ffirst that there should be a safe and stronge rome chosen in the Com-
panies howse for the Keepinge of the moneyes that shalbe receaued
and stronge Iron Chestℯ prouided to put the money in: and that both
the Chestℯ and rome should be vnder three lockℯ and keys, whereof
one should be in the Keepinge of the Treasuror of the Virginia Com-
panie, one other in the keepinge of the Gouernor of the Sumer Ilandℯ
Company and the Third the Treasuror for this Contract should haue,
So that the Treasuror should not goe into the Treasury wthout the
knowledge and consent of the two aforesaid Gouernors nor otherwise
then with them or at least some p̱sons of worth and sufficiency deputed
by them: ffor in reguard that it cannot be that such noble personages
should haue leasure so often as need might require to be personally
present, it was therefore thought fitt that the Treasuror of Virginia
might leaue his key with some one of the Counsell and the Gouernor
of the Sum̃er Ilandℯ with some of the Assistantℯ, [204] So that by
this meanes it was conceaued that the money after it was brought
into the Treasury would be safer and better secured then by any Bondℯ
or Suertishipps whatsoeuer.

As for the bringinge of money in and that the Treasuror should not
be at any ∥one∥ time possessed of any great Som̃e, it was thought fitt
that once euery weeke the Director or Comittees or some of them
together with the aforesaid Gouernors or their Substitutℯ should take

Account of the Treasuror what moneys had bin that weeke receaued
and should cause the same to be imediately carried into the Treas-
ury vnder the Custodie afore prescribed.

And in case the paymentℯ should come in, in great abundance; the
same course might be held twice or oftner in the same weeke So that
by this meanes the Treasuror should neuer be possessed at any ∥one∥
time of any greater Som̃e then himselfe should be adiudged sufficient
wittnesse Security for.

And further to the intent that the Treasuror should not be able by
any art or cuñinge to detayne to his owne priuate vse any moneyes
that he should receaue, it was thought fitt that besidℯ his Cash booke
(wch vpon dem̃aund he should alwayes bringe out to the aforesaid Offi-
cers) there should be kept a booke in a plaine and orderly manner,
expressinge what goodℯ are sold for ready money and what vpon time
to whome and when it falls §out§ due; Wch booke shall lye open to the
veiwe and pervsall not onely of the Officers, but of any Brother of the
Companie, by wch meanes it is conceaued that not onely all fraude in
the Treasuror wilbe prevented; But also many other good effectℯ will
followe for thereby the Comittees (to whome the sale of the goodℯ is
referred) shalbe sure to haue good informac̃on by the recourse of them
that wilbe desirous to see this booke of the habilities and sufficiencie
of those with whome they deale.

This pointe beinge thus reported by mr Deputy there was a generall
approbac̃on of the course many com̃endinge it but not any one obiect-
inge against it: Wherevpon his lp: was desired to put it to the ques-
tion wch his lp: did in this manner.

Whither they did iudged their wayes moneyes would be sufficiently
secured by this course without further security of Bond or Suertiship
from the Treasuror, and whither they would agree and order that this
course should be held in this point it was by a generall erecc̃on of
handℯ (not one dissentinge) iudge that by this meanes the moneyes
would be sufficiently secured, and it was ordered that this course
should be held concerninge the Treasury. [205]

These thingℯ established concerninge the safe custody of goodℯ
and money mr Deputy said thus, the next considerac̃on of the Director
and Comittees was concerninge the disposinge and sellinge of the
goodℯ wch that it might be donn in a iust and equall manner both for
the Kinge and the Owners, since not onely the Tobacco of seuerall
men would be of different goodnes and worth, euen the selfe same
p̱cell would p̱happs containe Tobacco of two or three ∥verie∥ different
sortℯ for price and worth it was therefore before all other thingℯ
absolutely necessarie to haue euery mans parcell veiwed and iudged
of what condic̃on and goodnes it were and if it were not all alike that
the different sortℯ should be distinguished and seuered and this differ-
ence they conceaued might be reduced to three kindℯ best, middle,
and worst by wch course euery man should haue the true proceed of
his owne goodℯ, and the full and iust price accordinge to the condic̃on
and worth of his Tobacco without either receauinge or doeinge wronge
by hauinge his Tobacco mingled wth others beinge of the same goodnes
and worth as his is.

As for the true and faithfull distinguishinge of these seuerall sortℯ, it
was conceaued it should be donne by men skillfull in the nature of
Tobacco who should be chosen by the Companie in their Courtℯ and
haue an oath administred vnto them to do it without any manner of
partiality either of fauor or hatred, and that they should thus sort the
Tobacco in the presence of the Husband and at least two of the Com̃-
ittees who should keepe an exact Account howe euery mans p̱cell is
by these Sorters iudged and esteemed, and takinge care that it beinge
once distinguished, it may not againe be confounded shall carrie vp
to the Bookeep̱ the Account of each mans p̱cell, who should ∥shall∥
accordingly enter downe in his booke howe much of each sorte belongℯ
to euery man wch he shall shewe and giue a note of to any owner that
desires it.

This beinge thus reported by mr Deputy some ∥made∥ moc̃on that
when the sortinge was to be performed, there should be in the howse
where the Courtℯ are kept a bill sett vp declaringe from daye to day
whose Tobacco should be sorted to the intent that the owners might

themselues be present to see right donn them, But this was generally
adiudged inconvenient as a thinge that would not hinder, but cause
the doeinge of much wronge and breed much contention if the owners
might be by. for euery man would striue and p̱swade that his goodℯ
might be made of the best sort: But on the Contrary the Court gen-
erally thought fitt that the Husband and Comittees should haue it
giuen them in charg that not only any owner should not be present
when his goodℯ were to [206] be sorted but that they should further
endeauor as much as they possibly could to conceale from the Sorters
all such markℯ and tokens whereby they might any way guesse to
whome the Tobacco wch they sorted belonged, for so certainely not
knowinge whose goodℯ they were, they would deale indifferently and
faithfully accordinge to their iudgmentℯ and Skill.

It was by some also moued that the Sorters might not be Buyers,
because it was said, they might therby sett out good Peñyworthes for
themselues to the preiudice of the Stocke, but vpon debate it was not
conceaued that any such inconvenience could followe if good care
were vsed; But on the other side it would be an ill leadinge example
to debarr any man from beinge a Buyer that would bidd a good price
and make good payment.

Mr Roberts moued that there might be Three sorters to euery p̱cell to
the intent that if two were of different iudgement the matter might
be ended by the Third: This moc̃on was well liked, both for the reason
he alledged, and also because it was thought harder to corrupt three
then a lesse number wherefore although it would breed more charge,
yet it was thought good to followe that order.

In the end there beinge no more obiecc̃on made, and the Court gen-
erally likinge well of this course, my Lo: at the request of the Court
put it to the question, whither they did approue of this course wch
mr Deputy had reported wth mr Roberts Addition; It was by a gen-
erall erecc̃on of handℯ assented vnto and ordered that that course
should be held for the sortinge of Tobacco.

This donn mr Deputy said that after these preparac̃ons they were nowe
come to the Disposinge and Sellinge of the Tobacco; In wch pointe

the proffitt of the Aduenturers did maynely consist, wch they founde
to be an Acc̃on contayninge many partℯ and branches all requiringe
exact care and considerac̃on, but diuers of them could not be well
iudged of nor resolued on vntill the thinge it selfe came to execuc̃on
when accordingly deliberac̃on was to be taken: Wherefore the
Director and Com̃ittees had nowe onely proposed certaine generall
headℯ tendinge to the equality of ∥and∥ iustice and to the mayntayn-
inge of the Com̃odity at a good price. [207]

ffirst therefore they conceaued that after menns ∥mens∥ Tobacco
should be so sorted as before was agreed on, and the Bookeeper
entred euery mans parcell aright vizt what quantitie of each sort
was due vnto him that then mens p̱ticuler p̱cellℯ should not be
any longer kept assunder but mingled and put together respectiuely
one with another, that is the best with the best, the worst with the
worst, and so the middle sorte with that of the same kinde: Which
beinge donn the sale should be made out of the lumpe, and so euery
man should from time to time as moneyes came in receaue their diui-
dent proporc̃onably accordinge to their seuerall partℯ of that wch was
sold and this they held to be the onely equall and faire course whereby
euery man should alike perticipate of proffitt and losse: As for the
sellinge of mens p̱cellℯ seuerall it was a course so full of iust and
obuious exceptions as need not be repeated.

This mr Deputy said was the first and most generall waye wch was
propounded and if it were by all men followed would certainely best
keepe vp and improue the Com̃odity when it could be fetched, but at
one head.

But he said that in reguard diuers members of this Companie had
declared themselues not onely willinge but desirous to take out their
owne Stockℯ and partℯ pretendinge that what price soeuer the Com-
panie shall sett, they yet shall be able for to sell at a higher rate, in
reguard the Companie sellinge in grosse, must alwayes leaue a suffi-
cient gaine whereby the Retaylor may liue: ffor the contentment
therefore and satisfacc̃on of such men, they conceaued it fitt to giue

liberty vnto them (defrayinge all charges and leauinge for euery
Third pound of Tobacco ready money for his Mats vse) they might
take out their Stockℯ: And way beinge thus giuen, he said that the
doubt and feare, that some men had made of suffringe wronge by
the Sorters, either corruption or negligence in not rightly iudginge
and esteeminge of their Tobacco, was resolued and taken away, for
if the Sorters should, estimate any mans p̱cell to be of a worse sort
then indeed it was and that his that was of the best sort should be
made of the second, and the second the worst, the owner might by
their error make great aduantage to himselfe whilest he should haue
the Kings Third at a cheaper rate then indeed it was worth, So that
p̱mittinge this libertie the Sorters could not preiudice any man by
vndervaluing his Comodity, if they ouervalued it, it was to the losse
of the generall lyvinge and Bulke, but greatly to the aduantage of the
perticuler owner, who should thereby receaue a better price then indeed
truely his goodℯ were worth: These mr Deputy said were the [208]
two Generall headℯ wch the Comittees had propounded many p̱ticu-
larities fallinge vnder them they had likewise considered of, But
because they were grounded vpon some obiecc̃ons & exceptions that
might be taken against these courses, he therefore not doubtinge, but
that the same scruples and argumentℯ would be nowe made in Court,
would reserue them to their propper places by wch meanes they would
be best vnderstood: And herevpon the Ea: of Southampton and the
Lord Cauendish desired the Companies that they would freely ques-
tion dem̃aund and obiect that by explayninge thingℯ might be fully
vnderstood and by debatinge and disputinge the best course might be
found and accordingly followed.

Herevpon some said, that if the Tobacco shall at first be high rated,
and accordingly men leaue the Kings part, if they could not sell it
after the same rate or if the Companie should after lett fall the price
they that tooke it out, should be much damnified.

To wch answeare was made, that this liberty was giuen onely vpon that
ground that men by takinge out should make more and not lesse:
Wherefore if a man would take out his Tobacco at a certaine price

without beinge sure to make more if he afterward sold it for lesse it
was his owne fault, and therefore must endure the punishment, wch
they that doubt may do well to leaue it in Stocke with the rest whereby
they might be sure not to loose.

It was further obiected, that this lycense beinge giuen, many men
would take out, and vpon desire to make present money sell the
Com̃odity at a farr lesse rate then they tooke it out, whereby they
would bringe downe the price of all that remained in Stocke or at
least cause that none of it should be sold till all theires were vented,
and the example of the East Indy Companie was put, where men take
out peper and other Com̃odities at a high rate and presently to haue
ready money sell them much vnder.

Mr Deputy made answeare that these obiecc̃ons had bin made in the
Comittee, and likewise further wch he thought first was to be resolued,
that it might seeme against the Contract whereby it is agreed with
his Matie that there should be a sole sale of the Tobacco, wch seemes
not to agree with the diuidinge and partinge it into so many handℯ as
this course would cause: But for that he said it was vnderstood that
the sole sale was onely so farr intended as to bringe the Com̃odity to
a reasonable high price, wch was conceaued to be sufficiently donne by
taking a good price for euery Third pound, whereby men were tyed
not [209] to sell vnder, except they would doe it to their losse wch is
not to be supposed in men that liue by tradinge, and the aduantage of
gaine between the buyinge and sellinge As for the Instance of the East
Indy Companie it was verie different from this, first men did not
indeed sell so much vnderfoote, as it seemed for the prices wch they
tooke the Com̃odities out at was not the price of ready money but the
price of a verie longe time, whereby although they sold a great deale
vnder that; yet they made neare vpon as good reckoninge as if they
ridd out the time besidℯ he said, that men there tooke out their Stockℯ
without any further charge, but here was a great deale of ready money
to be laid out downe whereby men would be wary what they did and
would not ouer fondly pull losse vpon themselues with the disbursinge
of so much money as might be otherwise well imployed certainely the

able Aduenturer and the rich Planter would ∥not∥ doe it, but would
rather haue patience to expect a good Account with others, then with
so many Inconveniences to indam̃age himselfe

As for the thriftles ∥and∥ royetous p̱son he would be hardly able to
finde out so much money howsoeuer there would not be so many of
these as should,[66] much hurt the Stocke for their disorder could not be
generall, but onely reach to some p̱ticuler places and that for a verie
short while.

ffurther mr Hackett said that he did not see that any preuenc̃on could
be made against such spend thriftℯ and bankruptly minded men for
so they must in the end proue that would take out at verie high ratℯ
and sell at verie lowe to gett ready money: ffor if their Stockℯ might
not be deliuered them as their owne; yet they could not be debarred from
buyinge whereby the same inconveniences would followe:

In the end after much dispute about this point the argumentℯ ∥on∥
both sidℯ beinge found to be verie waightie, the further considerac̃on
of them was referred vntill the next Court.

ffor the releife of the Planters vpon wch ground so many had vnder-
taken to turne all topsie turuy mr Deputie said that the Director and
Com̃ittees hauinge seriously considered of the matter did not finde
that there was like to be either that great number of them as if neces-
sity should force them to sell vnder foote ∥there should followe any
great [endamagement] vnto the Stocke∥ for he said that the greatest
part of the Planters that vse to send home goodℯ were very able men,
and for those poore Planters that do come home it had bin obserued
that the most of them goeinge vp and downe with their Tobacco
amongst their frendℯ, did by one meanes or other sell it at farr greater
ratℯ then the Companie were likely to sell theirs. [210]

As for the rest of the poore Planters whose either ill husbandry
necessity or want of iudgement might cause them to sell much vnder
the worth, the number would be but fewe and the quantity of their

goodℯ but smale, so that the mayne Stocke would not thereby be much
preiudiced although they tooke their partℯ out and sold them neuer so
much vnder: But for the remedying thereof, and much more for the
releiuinge of those p̱sons: the Director and Com̃ittees propounded that
after all diligences vsed by the Planter himselfe for the best sale of
his Tobacco (wherein §to§ their vttermost they would giue all good
helpe) if he would not come to some reasonable price, the p̱cellℯ should
be brought into the Court and sold by the candle whereby it was not
doubted but that he should come very neare to the iust price, espea-
cially consideringe that such kinde of mens goodℯ could be but smale
quantities wch would be euery mans money.

These Proposic̃ons were liked and the further considerac̃on of them
referred likewise to the next Court.

Sr Edwin Sandys acquainted the Court that the Lo Cauendish, him-
selfe, and some others, hauinge had conference wth my Lord Treas-
uror his lp: told them that direcc̃on should be giuen to mr Atturney
for the present drawinge vp of the Patent and that his Letters also
should be forthwth dispatched to all the pts ∥Portℯ∥ in reguard the
Proclamation could not as yet come forth.