University of Virginia Library

At a Court held for Virginia and
the Sum̃er Ilandℯ on Wedensday
in the Afternoone the 5o of
March ∥March 5.[70] ∥ i622

Present

                                                             

Right Honoble:	Lo: Cauendish.
	Sr Edwin Sandys.
	Sr Io Dãuers.
	Collo: Ogle.
	Sr Nath: Rich.
	Sr Tho: Wroth.
	Dor Dun.
mr Gibbs.	mr Seaward.	mr Webbe.
mr Iohnson.	mr Iadwin.	mr Cuffe.
mr Xp̃er Brooke.	mr Woodall.	mr Trueloue.
mr Bromefeild.	mr Morewood.	mr Meuerell.
mr Butler.	Capt: Bargraue.	mr Edw: Waterhowse.
mr Binge.	mr Boothby.	mr Rider.
mr Paulavicine.	mr Geo: Garret.	mr Barker.
mr Tomlins.	mr Robertℯ.	mr Rich: Bennett.
mr Nicho ffarrar Dpt̃.	mr Ley.	mr Edwardℯ.
mr Io: ffarrar.	mr Ro: Smith.	mr Taylor.
mr Berblocke.	mr Sparrowe.	mr Stone.
mr Bull.	mr Rogers.[71]	mr Hurd.
mr Barbor.	mr Goodyeare.	mr Norwood.
mr Bland.	mr Baynham.	mr Lever.
mr Wheatly.	mr Copland.	mr ffletcher.
mr Moorer.	mr Swinhowe.	mr Dike.
mr Widdowes.	mr West.	mr Scott.
mr Balmeford.	mr Sheppard.	mr Elkington
mr Nichollℯ.	mr Arth: Swaine.	mr Shipton.
mr Bolton.	mr Owen Arthur.	mr Kirby.
mr Wiseman.	mr Southerton.	mr Coop̱.
mr Ditchfeild.	mr Tomkins.	with diuers others.
mr Viner.	mr Hobbs.	[216]
	mr Mellinge.

Mr Deputy obseruinge diuers Strangers to be in the Court not free of
the Companie, as he conceaued, desired that they would depart the
Court: But some said that they were Planters that come lately from
the Sum̃er Ilandℯ, and therefore thought fitt (there beinge also a
Sum̃er Ilandℯ Court warned) that they might likewise be present: But
it was aunsweared that there was the last yeare a lawe made, whereby
that was forbidden: And it was likewise testified that for these two
last yeares the Companie had thought fitt to deny leaue to such Plant-
ers as were not ffreeholders to sett in Courtℯ and that therevpon they
had bin often times excluded wherevpon they were nowe entreated to
depart the Court.

After wch the Lord Cauendish said that vpon Satturday last there was
a message sent from the Lordℯ of his Mats Priuy Counsell to warne
himselfe and such[72] others as he would bring with him on the one side,
and the Ea: of Warwicke and ∥or∥ Sr Nath: Rich and such others as
they would bringe wth them on the other p̱tie for the Sum̃er Ilandℯ
Companie: And for the Virginia Companie Sr Edwin Sandys and
mr ffarrars and such as they would bringe with them on the one
part: And on the other part Sr Tho: Smith and mr Alderman Iohn-
son and such others as they would bringe with them to attend the
Lordℯ on Tuisday morninge, concerninge the setlinge of the buissines
of Tobacco: Wch his lp: said they did accordingly, beinge accompanied
with the ∥my∥ Lo: St Iohn, the Lo Padgett Sr Edward Sackuill Sr
Iohn Brooke Sr Io: Dauers Sr Robert Killigrewe and diuers others of
the Companie where there mett likewise diuers perticuler men of the
Companie, vpon whose complaintℯ against the Contract, the Lord
Treasuror signified this meetinge was appointed: Wherevpon the Lo:
Cauendish said he made Protestac̃on that the Contract hauinge bin
often and most orderly concluded in diuers Quarter Courts, himselfe
and the rest of the Companie attendinge him did not nowe come to
giue those Members of the Companie that nowe opposed it any satis-
facc̃on, for beinge not onely as the lesser part involued in the generall
agreement, but most of them hauinge actually giuen their consentℯ
vnto the concludinge of the Contract it were to the preiudice of all
good gouerment to treat further with them there about: But if their
ll͠ps vpon any sinister informac̃on giuen them had conceaued any
doubtℯ, himselfe and the rest were ready to giue an Account to their
llps of all their proceedingℯ and such as they were assured should in
euery perticuler satisfie them. Wherevpon their ll͠pps requiringe
some of the Complaynantℯ to make knowne their greiuances their mr
Binge stepped forth and made a longe invectiue against the Contract
and the manner vsed [217] in passinge it; wherein he said men were
ouerawed by threatninge wordℯ, that if they yealded not thereto they
should do worse that they must quitt the Plantations, That the Ea:
of Southampton findinge an vnwillingnes in the Companies to yeald
to so hard a bargaine, sett him downe in his chaire, pullinge his hatt

ouer his eyes and foldinge his Armes acrosse and leninge backeward
in his Chaire, as if all were lost, wch kinde of behauior and former
wordℯ, frighted the Companie to yeald vnto this Bargaine it beinge
concealed from them (wch nowe their ll͠ps signified) that this Contract
was offred by the Lord Treasuror in his Mats name as from his espea-
ciall grace to the aduancement of the Plantations: And further mr
Binge said that the Ea: of Southampton did not onely saye that he
would be mr Wrotes Accuser, and that whilest he was in the Com-
panie there would be no peace nor quiet but that he did make it his
suite vnto the Companie to put him out: And these thingℯ amongst
many other his lp: said mr Binge did not onely deliuer but Act; and
that in such a manner as was distastfull to the Lordℯ of the Counsell:
Wherevpon mr Binge was by their ll͠ps rebuked for his behauior and
wordℯ; and his Lp: said he could not forbeare to desire iustice of the
Bourd against him for hauinge so wronged and abased the Ea of
Southampton beinge a Peere of the Realme and a Member of that
Bourd not only nowe in their llps presence but also other where hau-
inge said as by two sufficient Wittnesses would be there proued that
if he had bin as mr Wrote when my Lo: of Southampton by order of
the Counsell for Virginia suspended him from that ∥e∥ Counsell he
would haue told him His lp: should not suspend him from the Coun-
sell of Virginia beinge a suspended Lord himselfe from the Counsell
Table ∥of State∥: Wch Speech mr Binge denied desiringe that point
might be deferred till the returne of my Lo: of Warwick and mr Wrote
who were nowe with the Kinge. His lp: said that the Lordℯ of the
Counsell seemed much offended with mr Binge; and said they would
∥not∥ let his it passe but would consider of it by it selfe.

But for the mayne buissines out of mr Bingℯ speach, the Lord Treas-
uror propounded three pointℯ to be insisted on; ffirst whither the
Companie were ouerawed, Secondly whither this Contract were for
the good of the Plantation, And lastly that if this present Contract
were not good for the Plantations howe it might be made good.

ffor the first pointe of ouerawinge his lp: said that diuers other
affirmed as mr Binge had donne, wherevpon by himselfe and Sr Edw:

Sackuill they were much pressed to deliuer the wordℯ ∥wherewth they
were∥ (as they said) threatned and affrighted: Wherevpon mr Gibbs
said, they were told if they did not yeald to this bargaine they must
do worse they must quitt the Plantac̃ons: [218]

Wherevnto the Lo Cauendish said there was by himselfe and others
made Aunsweare that if those wordℯ were spoken it was declared and
explayned what the meaninge of them was: That if the Companies
did not accept of this Bargaine of sole Importac̃on (nowe it was offered
them) it would be vndertaken by others wch would be much worse for
them as they had found by experience and p̱happs their Tobacco
thereby would be ∥so∥ brought downe as they should not be able to
liue, and so the Plantac̃ons might be quitted but as for intendinge
thereby his Mats displeasure to the Companies (if they refused this
Bargaine) or that otherwise the Plantac̃ons would be taken from them
as these Oppugners would nowe pretend it was answeared that it was
most false the Contract hauinge bin from the verie begininge to the
end propounded to the Companies as a thinge offered by his Matie
meerely out of his grace and fauor to the Plantac̃ons and by the Lord
Treasuror out of his espeaciall loue and respect to the Plantations: In
wch reguard his lp refused other greater offers for matter of proffitt,
and in this manner was the proposing of the Contract expressed and
sett downe in the Court bookℯ as was there presented to be shewen:
The debatinge and clearinge of this pointe his lp: said, held all the
forenoone.

In the afternoone the second point propounded by the Lord Treasuror
was considered and debated vizt howe good or evill this Contract was
for the Plantations: Wherevpon Sr Natha: Rich instanced his case
that hauinge ∥sent∥ 120li of Com̃odities this yeare he should loose it
all except a verie litle if this Contract proceeded accordinge to the
Account that he made: But his lp: said that it was by Sr Edwin
Sandys and others answeared, that this Contract was not concluded
by the Companies nor by them proposed simply as a good bargaine
but onely comparatiuely as a better then that estate they were for-
merly in, wch by many instances was proued not onely of p̱ticuler

mens cases, but principally of the great Magazine wherein men had
lost after six weekℯ ∥yeares ∥ time neare halfe of their Capitallℯ, and
that in Sr Natha: Riches Account there was a mayne error in the verie
ground in ratinge Tobacco in ye Country at ije vjd a pound; At wch
price the greatest part of Tobacco came home these last three or fower
yeares had not bin sold.

And this pointe his lp: said after longe debate and dispute was so well
cleared as he supposed the Lordℯ of the Counsell were fully satisfied
with the reasons giuen on the Companies part vizt That by this Con-
tract the Companies were not sett in worse case, then they were for-
merly: In the end his lp: said they were willed to goe out and after a
good while himselfe and Sr Edwin Sandys [219] and the Deputy of
the Virginia Companie were called in againe, where they were by the
Lord President told, that it twas not their lps pleasure to speake nowe
of the Contract but of a Post-act vizt the sendinge of some Shipps
from the Plantations to Holland wch his lp: made aunsweare was none
of the Companies Act but of perticuler Aduenturers to whome the
Shipps and goodℯ belonged; their ll͠ps seemed much offended thereat,
and ∥willed∥ his lp: to signifie and declare it to the Companies that it
was the pleasure and com̃aund of that Bourd that the Tobacco and all
other Comodities belonginge to those Plantations should be brought
directly home for England.

Mr Deputy said that the Lord Præsident told them further concern-
inge the Contract (speakinge to the Lord Cauendish) that his lp and
the rest had giuen a good Account vnto the Bourd, both of the rea-
sons they had in concludinge this Contract as also of the faire pro-
ceedinge and carriage in the passinge of it, whereof they would giue
his Matie aduertisement, and doubted not but that the Companies
should haue either the Contract confirmed vnto them accordingely as
themselues had agreed and ordered or elℯ some other bargaine asmuch
to their content.

His lp: hauinge breifely deliuered ∥declared∥ the report, mr Gibbs
conceauing that the Lord Cauendish had said, that he was one of
them that had said at Counsell Table that he was ouerawed, desired

that if the Secretary had so sett it downe it might be altered and
amended for he said he denied at Counsell Table that he was ouer-
awed but had indeed alledged those former wordℯ wch he left to the
iudgement of the Bourd what sense they may carry.

Mr Binge said that the ouerawinge that he spake of, he did not meane
it of metus potentiæ but of metus reverentiæ.

Mr Deputy said that he conceaued there had three thingℯ of speciall
of obseruance and note passed at Counsell Table that daye, two pointℯ
whereof were matter of great ioye to himselfe, and he doubted not
were likewise of singuler comfort to the Companie.

ffirst a most humble ∥honorable∥ testimony giuen by the Lord
Treasuror of the good proceedingℯ and carriage of the buissines of
the Plantations these fower last yeares, so as his lp: said they
had thereby thriuen and prospered beyound beleife and almost
miraculously:

The Lord Cauendish said that the Lord Treasuror added further that
in the former yeares when Alderman Iohnson was deputy and the
buissines was in other mens handℯ it was carried leaudly So that
if they should be called to an Account for it their estatℯ could not
aunsweare it.

Secondly the good satisfacc̃on that their ll͠ps had receaued and rested
possessed with concerninge the Companies proceedingℯ in this buissi-
nes of the Contract. [220]

But the third pointe ∥he said∥ required matter of exact considerac̃on
vizt their ll͠ps com̃aund to bringe in all their Tobacco and other goodℯ
to wch Proposition of their ll͠ps it hauinge bin made vnto the Com-
panies about a yeare and halfe a goe the Companies had then pre-
sented vnto their ll͠ps diuers reasons declaringe the impossibility that
was for the Companies to p̱forme this as also the extreame preiudice
that would thereby arise vnto the Plantations wch was so great, as by
a second remonstrance to their ll͠ps the Courtℯ then assembled, made

humble protestac̃on that out of their duety to God and his Mae they
could not giue their consent thereto: And therevpon he said he con-
ceaued that their ll͠ps had rested satisfied and contented, but nowe
they seemed resolutely to require it, wch he doubted was through the
offers and moc̃ons of some Brothers of the Companie who out of
opposic̃on to this Contract did propose this newe waye, and it was by
some of them informed the Lord Treasuror that the whole Companie
§Colony§ of Virginia had made petic̃on purposely to that effect
offringe to bringe in all their Tobacco and that this petic̃on had bin
by himselfe and ∥some∥ others concealed: wch howe True it was
would appeare by the petic̃on it selfe and the Companies §Counsells§
letter, wch mr Deputy produced and were read beinge as followeth.[73]

                   

		Most humbly att yor Comaund
Iames Citty Ianuary. 21th 1620.		George Yeardley.
		George Thorpe.
		Tho: Nuce.
		Nath: Powle.
		Iohn Rolf.
		Sam: Macock.
This copy exactly agreeth wth ye orignall sent for		Iohn Pountes.
England in ye Temperance.		Iohn Pory Secr.
	Io Pory Sect	[221]