University of Virginia Library

An extraordinary Court held for
Virginia on Monday in the Afternoone
the 24th of ffEBRUARY i622

Present

                                     

Right Honoble	Ea: of Southampton.
	Lo: St Iohn.
	Lo Padgett Cauendish.
	Sr Edw: Sackuill.
	Sr Io: Brooke.
	Sr Edwin Sandys.
	Sr Io Dãuers.
	Sr Io: Scudamore.
mr Nicho: ffarrar Dpt̃.	mr Smith.	mr Moorer.
mr Herbert.	mr Barbor.	mr Ditchfeild.
mr Christ: Brooke.	mr Caswell.	mr Bland.
mr Bromefeild.	mr Seaward.	mr Iadwin.
mr Wilmer.	mr Swayne.	mr Balmford.
mr Io Wolstenholme.	mr Swinhowe.	mr Edw: Waterhowse.
mr Wriosly.	mr Addison.	mr Ley.
mr Tomlins.	mr Baynham.	mr Hackett.
mr Io: ffarrar.	mr Sheppard.	mr Owen Arthur.
mr Gouch.	mr Mellinge.	mr Webbe.
mr Berblocke.	mr Boothby.	with diuers others.

The Court held on Wedensday the 12: of ffebruary was nowe read:
wch donn after a good pause, the Ea: of Southampton said, that as he
was heretofore slowe in puttinge thingℯ to the question, so nowe he
would be much slower, because it had bin reported to the Lord Treas-
uror that the Companie were ouerawed and durst not speake, wch
whither it were true or no themselues could Wittnesse, wch report the
whole Court vtterly condemned to be false and scandalous, professinge

that they enioyed as much freedome and liberty of speach as they
could desire The said Court of the Twelueth of ffebruary was by a
generall erecc̃on of handℯ no one dissentinge confirmed to be truely
sett downe.

Sr Edwin Sandys at the request of the Ea: of Southampton did nowe
make report what passed in the morninge before the Lo: Treasuror,
where he said were present the Gouernors and Deputies of both Com-
panies Also Sr Io: Dãuers, himselfe and some others, And on the
other part the Ea: of Warwicke Sr Nath: Rich, mr Alderm: Iohnson
[213] mr Wrote, mr Binge, mr Caninge and mr Woodall with some
others, as also Sr Io: Wolstenholme and other the Customers that
seemed to assist them, all of them directly impugninge the Contract
as conceauinge it to be verie preiudiciall vnto the Plantations: much
speach passed wch the Lord Treasuror heard with a great deale of
patience interruptinge no man: In the end one of the Customers made
a Proposition to his lp: that seeinge there was so much difference and
fracc̃on between the Companies by reason of the Contract, it might
no longer hold, but the Companies be bound to bringe in all their
Tobacco and pay the i2d Custome vpon the pound wch would be more
contentfull to the Planters and more benificiall to the Kinge: for it
was supposed within two or three yeares, there might ∥will∥ be brought
in yearely fower hundred Thousand waight from both the Plantations
wch at 12d p̱ pound came to — 20000li and in case a fourth part of
this was abated and so the payment brought to 8d it would amount to
20000 li markℯ wch with 6000li that would be giuen for bringinge in of
Spanish Tobacco would make vp the former Som̃e of — 20000li.[67]

Wherevnto answeare was then made, that this 12d p̱li was as hard a
Bargaine for the Planter as the other: wch was shewed first by instance
of the smale proffitt that Sr George Yeardly made of his Tobacco: Sec-
ondly by the smale proceed of the Magazine nowe returned wch of 7000li
Stocke had scarce produced 4000li of their principall money after [68]
yeares forbearance: Hee added also a Third instance out of his owne

experience of his Sumer Ilandℯ Tobacco: In the sale whereof he
could hardly cleare — 6d p̱ pound notwithstandinge he then paid
neither Custome nor imposic̃on for it.

At length the Opposers presented to the Lord Treasuror certaine
Articles, contayninge partly Propositions, partly exceptions, where-
vnto his lp: required aunsweare In all wch passage Sr Edwin Sandys
said, he was sorry to heare so much by speach and that it was soe
confidently averred espeacially by mr Wrote and mr Binge, that the
Companies in the carriage of the buissines were ouerawed by the Ea:
of Southampton with a kinde of threatninge, that vnlesse the Contract
went on the Plantac̃ons would be taken awaye from them.

Sr Edwin Sandys further added that the Lord Treasuror intimated
that seinge the Companies haue receaued so much grace and fauor of
the Kinge by Lottaries and other meanes for aduancement of the
Plantation, he held it most vnfitt they should nowe carrie their Com-
odities any other where then into his Mats Dominions: and therefore
concluded that whither Contract or no Contract, all must be brought
into this Kingdome to paye custome whereby his Mats Revenue might
be aduanced: Wch Proposition ye Opposers did well like of, and said
that they euer more desired that all might be brought in and mr Wrote
said that the Colony in Virginia had sent a Petic̃on to be exhibited to
his Matie to that purpose, but the same was neuer presented to the
Kinge but concealed and suppressed by mr Deputy. [214]

Touchinge wch the Ea: of Southampton said it appeares as well by the
verie petic̃on it selfe as also by a Letter from the Colony at that time
vnto the Counsell here, that the Collony did meane nothinge lesse
then was pretended and that the scope of their petic̃on was onely to
obtaine liberty to bringe in their Tobacco into England whereof they
were at that time vtterly debarred.

The Ea: of Southampton also signified vnto the Court that the Lord
Treasuror at their cominge awaye beinge asked whither they should
proceed in this buissines or no said, they might proceed and goe on
on notwithstandinge these differences and opposic̃ons.

Accordingly his lp: said they would nowe proceed, and therevpon
began to propound to the considerac̃on of the Companie, that seeinge
this Contract did equally concerne both Companies, they were first to
consider howe to aduance the price of the Tobacco that should come
from both the Plantac̃ons, to the most proffitt and aduantage aswell
of the Aduenturers as Planters of both the Companies: wch the Com̃-
ittee hauinge duely considered of, conceaued it could no waye be donn
vnlesse both Companies did ioyne and agree together about settinge
the price of the Tobacco.

Wch pointe beinge taken into considerac̃on some were of opinion, it
were most fitt, that each Companie should sett the price of their owne
Tobacco, Wherevnto aunsweare was made that by that course there
might fall out a verie great inequality in settinge the price thereof:
for in case two Shipps should come together, the one from Virginia
the other from the Sum̃er Ilandℯ, if the one Companie should sett
theirs at 5s—and the other at 4s—by this meanes the one would sell of
all of their Tobacco (beinge lower priced) before the other should be
able to put of any at all.

Wherevpon after mature deliberac̃on and debate, it was at length put
to the question, whither vpon the cominge home of any Tobacco from
Virginia or the Sum̃er Ilandℯ, the Companie did not thinke it fitt,
that after the Com̃ittees haue considered of a price both Companies
be assembled together (and not one alone) to sett the price thereof
This by a generall erecc̃on of handℯ was agreed and ordered no one
dissentinge.

It was likewise propounded, that in case the Companies cannot agree
in settinge the price and that they both differ also from the price sett
by the Com̃ittees, as for example, if one sett at 6s[69] p̱ pound and the
other 5s that in such case the medium wch is 5s 6d be sett: This propo-
sic̃on was well approued, and beinge put to the question, it was by a
generall erecc̃on of handℯ agreed and ordered that in such cases the
mediũ should be taken. [215]

It was further propounded that in case the one Companie agree with
the Com̃ittee in settinge the price and the other Companie shall
thinke fitt to sett a higher price and withall shall offer to take it of
at that higher price that then they may haue it, otherwise the price
sett by the Com̃ittees and the other Com̃ittee Companie to stand
This proposic̃on was also well approued of and by erecc̃on of handℯ
generally agreed and ordered accordingly.

Lastly it was propounded that in reguard the Contract doth equally
concerne both Companies, and that there is a necessity of vnitinge
them together whereby they may vnanimously agree together in their
proceedingℯ touchinge the Contract, that no Act or buissines be donn
touchinge the same but by the consent of both Companies assembled
together: So that what shalbe ordered in one Court may be againe
propounded and ordered in the other: Wch Proposition was also well
approued of and ordered accordingly