University of Virginia Library

To the Kings moast EXCELLENT Maty

The Humble Petition of the distressed Collony in Virginia

whereby[79] it appeared plainely that there was no Shaddowe nor coulor
to gather such a sense as was informed to the Lord Treasuror: It

being onely intended for the obtayninge of releife against that abso-
lute restraint of bringinge in any wch by the Proclamation procured
by Sr Tho: Roe they were vtterly barred of: But before this petic̃on
was receaued the Parliamentt cominge there was liberty giuen to the
Plantation to bringe in their Tobacco: Wherevpon the grace that they
desired beinge obtayned from his Matie, it had bin vaine to haue
deliuered their petic̃on.

Sr Edwin Sandys said that obseruinge the Collonies last conclusion of
their petic̃on, he sawe verie good ground for the vsinge of those wordℯ
of quittinge the Plantation if they were vsed (wch yet he said he
remembred not) for except the Companies did themselues accept of
the Contract for sole Importac̃on it was likely to haue bin giuen vnto
others who made offer of so exceedinge and large a Revenue to his
Matie as could not possibly be by them raised but with exceedinge
much preiudice to the Plantation wch they had brought to those termes
as this petic̃on nowe declared wch was to a direct resoluc̃on of quittinge
the Plantation, so that it might be verie iustly said that if the Com-
panies did not themselues vndertake the sole Importac̃on it would be
worse for them and in this sense and noe otherwise could that worde
be vsed without a stronge and most absurd contradiction, for that
they should be entended to signifie or intimated the feare of the Kings
displeasure or indignac̃on or the Lord Treasurors [222] or any others
intent to take awaye the Plantations as is nowe made to be suspected
and conceaued could not possibly stand in any reason and sense with
those continuall prefaces and introducc̃ons wch were ∥propounded and∥
vsed at all times in this buissines (vizt) that it was offered on his
Mats part out of his meere grace and royall intenc̃on for the good of
the Plantac̃on and from the Lord Treasuror out of an espeaciall loue
and fauor vnto the Plantation as beinge himselfe one of the most
auncient Aduenturors and Counsellors and therefore exceedingly
affectinge the prosperity and encrease of the Plantations so as it might
stand with the maintenance of his Mats Revenues although with some
abatement of that wch was offered by others who would not p̱happs
haue that tender respect vnto the Plantations as his lp: desired: wch
manner of proposinge the buissines beinge fresh in their memories
and so sett downe in their Court bookℯ he said he did appeale vnto

the iudgement of the Courtℯ then present whither there could be
drawne any such sense from the wordℯ of doeinge worse and quittinge
the Plantations as is nowe pretended was conceaued: As for the worde
(necessitated) wch was at Counsell Table alledged to haue bin spoken
by a principall Member of this Companie in priuate, he said it was to
be vnderstood, not of necessity of force ∥but of necessity of Reason∥
whereby men were willinge for the bettering of their former estate
and for the preventinge of a worse, wch they might iustly feare to
accept of that condic̃on wch in it selfe was hard but in comparison of
their former estate was easier:

Mr Gibbs said he neuer heard of this distinction before, and mervayled
it was not vsed before the Lordℯ and said that he was assured, there
were 40 in the Court who vnderstood them otherwise:

But it was aunsweared that these aunsweares and interpretac̃ons were
made at Counsell Table by many and mr Deputy moued that the clear-
inge of this pointe might be presently put vnto the iudgement of the
Court, sayinge that he was verie confident that there would be found
either not any at all or exceedinge fewe of that opinion.

Wch moc̃on diuers of the Court approued but some fewe opposed say-
inge that since the Court seemed generally to vnderstand them other-
wise, and the Lordℯ of the Counsell had declared themselues satisfied
in that point, that therefore it was needles: It was also desired by
them that it might be forborne for the maytayning of peace: But it
was replied by the Lord Cauendish that this was the waye to make
true peace by sellinge and determininge the [223] pointℯ in contro-
versie: wherefore after a longe debate and opposic̃on made herevnto
by some fewe, the Court often and earnestly called vpon mr Deputy
to put it to the question: Wherevpon he said that he would first put
to the question whither it should be put to the question or noe wch
the Court well liked, and it was by a generall erecc̃on of handℯ ordered
and agreed that the matter should be put to the question: But it
beinge past fiue of the Clocke it was desired that the continuance of
the Court might be so longe vntill buissinesses were disspatched wch
was accordingly ordered:

The continuance likewise of the Sum̃er Ilandℯ Court vpon the Lord
Cauendishes Proposition was ordered by a generall erecc̃on of handℯ.

Wch beinge donne and diuers of those that had opposed it, departinge
out of the Court the matter was againe considered of and it was
desired, and it was desired for the fuller vnderstandinge and clearing
of the matter, that the question might be sett downe in writinge wch
was accordingly donn, in two Questions wch were as followeth.

ffirst it was put to the question whither in passinge the Contract
between his Matie and the two Companies for Virginia and the Sum̃er
Ilands for the sole Importac̃on of Tobacco there had bin euer any
ouerawinge of any man by my Lo: of Southampton or my Lo Cauen-
dish or any other by any p̱sonall speach or carriage or by vsinge any
wordℯ of power either as in his Maties name or the
Lord Tr̃ers or the Lordℯ of the Counsell: It was by a generall erecc̃on of handℯ (no one
dissentinge) denied that there had euer bin any manner of ouerawinge
of any man in passinge the said Contract.

Secondly it was put to the question whither the matter hath not bin
carried fairely, and by strength only of reason appearinge to the
Courtℯ and not otherwise: It was by a generall erecc̃on of handℯ (no
one dissentinge) vnanimously confessed and approued to haue bin
fairely carried and by strength of reason onely and not otherwise.

Sr Edwin Sandys hauinge desired (as he had donñ often before) that
they might proceed to the mayne buissines touchinge the Importac̃on
of Tobacco deliuered that after longe arguinge at the Counsell bourd
by the Opposite p̱ty against the intended Contract, it pleased the Lord
President with great grauity and wisedome to moue that seeinge they
disliked so much of this Contract they would propose some other
course for the managinge of the Importac̃on and Sale of Tobacco
whereby [224] the matter might be so setled as to giue more generall
content still preseruinge a due reguard to those twoe mayne endℯ
namely the vpholdinge of his Mats proffitt together with the benifitt
of the Plantations.

Wherevpon mr Edwardℯ proposed to the ll͠ℯ that seeinge by their
Letters Patentℯ they were to paye onely 5 p̱ Centũ to the Kinge for
custome without any other taxes or imposic̃ons wch 5 p̱ Centũ would
not amount to aboue 3d p̱li for Tobacco notwithstandinge in reguard
of his Mats fauor that the Companies and Plantac̃ons might haue the
sole Importac̃on of Tobacco they would double that 3d and giue vnto
his Matie 6d for euery pound of Tobacco wch he hoped his Matie would
be pleased graceously to accept seinge the Comodity could beare no
greater burden with the welfare of the Plantation:

This Proposition beinge passed ouer as beinge of noe proffitt to his
Matie.

Sr Iohn Wolstenholme stood forth and (as well appeared out of pre-
meditated thoughtℯ) made a larger Proposition consistinge of 3 partℯ
wch beinge seconded againe and againe by another gentleman one of
the Customers: he conceaued it to proceed from their agreed resolu-
c̃on And therefore as beinge a Proposition grounded vpon consul-
tac̃on and aduice and maturely concocted by men of good vnder-
standinge, he would with fauor of the Court examine it in the seuerall
partℯ and so deliuer his opinion of the vertue and goodnes of it.

Hee said then that Sr Iohn Wolstenholms Proposic̃on consisted of three
branches, the first, that touchinge the Importac̃on of Tobacco there
should be a generall freedome so that euery man without restraint
might bringe in what he pleased, and after it was brought in, might
be mr of his owne goodℯ. wch he thought would be a thinge of generall
content to all men.

The second branch was, that the Companies and Plantac̃ons should
paye here onely 12d the pound of Tobacco for custome and Imposic̃on
and be discharged of these extraordinary burdens of Officers Sallaries
and other Charges. [225]

The third branch, that the Companies and Collonies should be com̃-
aunded to bringe all their Tobacco and other Com̃odities into this
Realme beinge a matter verie fittinge for diuers waightie considera-
c̃ons.

This beinge the Proposition and these the branches of it, he said he
would offer to their considerac̃on diuers reasons against them, thereby
to drawe from other men, what contrariwise might be said in their
defence and maintenance, that so by conflict of reasons on both sidℯ,
the truth might better appeare and consequently the soundnes or
vnsoundnes of the Proposition.

Hee said that to the first branch there offered themselues (as he
thought to euery mans vnderstandinge,) three mayne exceptions; The
first that by this vnrestrained liberty of bringinge in Tobacco from all
places aswell from Spayne as the two Plantac̃ons there would growe
here such a generall glutt of that Comoditie as would bringe downe
the price to so lowe a proporc̃on as would discourage the Aduenturers
and vndoe the poore Planters, the same beinge contrarie to the maine
intent of the Contract wch was to raise the price of the Com̃odity to
the generall benifitt of the Plantac̃ons Secondly it beinge averred
before their ll͠ps that the meaner sort of Tobacco in Spaine may be
bought for the value of 6d or 12d at the most, and on the other side it
beinge alledged by the p̱ty opposite to the Contract that the Tobacco
of the Plantations could not possiblie be affoorded at lesse then 2s 6d
the pound, it did necessarily followe that the Spanish Tobacco would
be much cheap̱ then the Tobacco of the Plantations and consequently
would be first vented (to the extreame detriment if not beggeringe of
all the poore Planters especially consideringe the nature of the Com̃-
odity wch could not be longe kept without wast and perishinge.)

A Third reason he said might be drawne from the wisedome of the late
Assembly of Parliament where it beinge found by euident proufe and
the Spanish Marchauntℯ confession that the Importac̃on of Spanish
Tobacco into this Realme had hindred the Importacon of Spanish
money what by the price of the Tobacco itselfe and what by the vnder-
sellinge thereof of our English Com̃odityes for the sudden buyinge vp
of the Spanish Tobacco to the value of 100000li sterlinge by the yeare,
wch hauinge so [226] continued for 10: or 12 yeares then last past,
was conceaued to be one principall cause of the scarcity of money in
this Realme, and therevpon the lower howse framed and passed a Bill

for the banishinge of Spanish Tobacco, and for the sole Importac̃on
of that Com̃odity from the two Plantac̃ons And whereas also the
nowe Lord Treasuror out of his like care and respect to the Welfare
of this Realme had restrained the Contractors in this yeare last past
from bringinge in of aboue 60000 waight of Spanish Tobacco, this
Proposition settinge all at liberty and grauntinge a generall freedome
of bringinge in Tobacco from all places might well be to the aduan-
tage of some other Nac̃on, but certenly was preiudiciall and that in
a high degree both to the wealth of this Kingdome and to the sub-
sistinge of the Plantations.

Touchinge the second branch of Sr Iohn Wolstenhomes Proposition
as it was made at the Counsell bourd (for in other places he had made
it otherwise) that the Companies and Colonies should paye to the vse
of his Matie or the ffarmors of his Custome and Impostℯ 12d for euery
pound of Tobacco imported, it seemed that it was much more then
that Comodity could beare if the benifitt of the sole Importation were
taken from them; ffor if it were true wch the Obiectors against the Con-
tract avouched that the Tobacco in the Colonyes stood them in 2ds 6d
the pound, there beinge added thereto this 12d, and 6d at the least
more for freight and other publique charges of the Plantations it fol-
lowed that vnlesse the Tobacco were sold one with another at 4s the
pound, the Companies and Collonies should be loosers by it of their
principallℯ whereas contrariwise there seemed no probable apparance,
that in so great a glutt of Tobacco and the meaner sort of the Spanish
Tobacco beinge so cheape and the Comodity beinge diuided into so
many hundredℯ of handℯ, that euer it would be sold at aboue 12d or
2s the pound at the vttmost and this he said was confirmed by the
experience of sundrie later yeares, wherein our Tobacco one with
another had not bin sold at aboue that proporc̃on: And although the
Planters [227] could afford their Tobacco at 12d p̱ pound in the Plan-
tations, yet it is cleare that this charge of Tweluepence and 6d more
must needℯ cause that all they wch dealt in that Com̃odity should liue
in a continuall losse to their vtter consumption, a veiwe whereof
might be taken he said in the late great Magazine wch beinge com̃itted
into the handℯ of a wise and prouident Director, after 6; yeares con-

tinuance by the fall of the price of this Com̃odity had brought a Stocke
of 7000li to lesse then 4000li to the great discouragement of all future
Aduenturers.

Nowe to the third branch of this Proposition that the Companies and
Collonies should be com̃aunded to bringe in all their Tobacco, as like-
wise all other Comodities, ffirst into this Realme, from hence to be
after vented by trade to other Nac̃ons, he said he would not enlarge
much vpon it because he vnderstood that this Proposition had bin
formerly made by the ll͠ℯ aboue a yeare since in his absence and aun-
sweared by the Courtℯ in writinge and so exhibited to their ll͠ps yet
this he would add that the Dealers in this Contract with the Lord
Treasuror had at sundrie times acquainted his lp that the Tobacco of
the Plantations beinge in point of interest of three seuerall natures
the one part belonginge to the bodies of the Companies, another part
to diuers Societies, as Southampton and Martins Hundred, a third
part to p̱ticuler Planters wch he thought was the greatest part; that
for the Tobacco belonginge to the Bodies of the Companies, it was in
the Companies power to bringe it alwayes in, But for the rest the
Companies had no power to enforce them, they beinge as free by his
Mats originall Graunt as the rest of his Subiectℯ inhabitinge in this
Realme.

Howbeit they thought that as by the rigor of the former Contractor
the Planters had bin driuen to seeke forraigne partℯ for their mar-
chandize, so nowe by the good vsage wch they might receaue vpon this
graunt of sole Importac̃on and sole sellinge they might be reduced to
come hither againe as beinge their best markett butt whereas it hath
bin alledged by a verie honoble p̱son, in waye of example that the Col-
lonies of the Kinge of Spayne vp and downe the West Indies brought
all that marchandize to Spayne and no other place he said that he
thought that there might be some important difference, if the misin-
formac̃ons wch he had receaued from credible p̱sons were true, the
State of Spaine suffred noe other Comodities of the same kinde to
be brought into that Kingdome wch was an exceedinge great benifitt
to all his Indy Collonyes, wch fauor if it would please his Matie to
vouchsafe to the two Plantations, he doubted not but they would

gladly yeald [228] obedience to that com̃aund and this he hoped was
their ll͠ps intent out of their fauor to the Plantations: But nowe as the
Proposition was made by Sr Iohn Wolstenholme that without any
such benifitt of sole Importac̃on, they should be constrained to bringe
in all their Com̃odities; he doubted that as it tended to the Customers
priuate enrichment soe in short time it might redound to the ruine
of the Plantac̃ons for the Colony in Virginia had and might haue
many Comodities of smale price as Salt Pipestaues, ffish, Caueary
and the like wch in other partℯ might be vendible at an indifferent
price, but here not soe, the distance of place and great fraight con-
sidered & consequently they were to be exported againe out of this
Kingdome, nowe consideringe that within fiue or six yeares at the
most the Kinge is to haue custome of all marchandize in Virginia it
selfe if those goodℯ should paye a second Custome here and after-
wardℯ a Third Custome in forraigne partℯ where they are vented,
who can doubt but these three Customes together with freight and
other charges would so feed on the Com̃odity as to leaue smale
sustenance for the Aduenturer and Planter But howesoeu9 it
should please the Lordℯ to deliuer their com̃aund whither simply with
a grace annexed for the sole Importac̃on as in the Spanish Dominions
for his part he would alwayes be the Sonn of obedience and doubted
not but the Companies would informe themselues accordinge: How-
beit he thought it the part of well ordered duety both to yeald obedi-
ence to the Superiors com̃aund, yet in case of impossibility or publique
mischiefe that might ensue, to give vp a true informac̃on both of the
one and other.

These reasons beinge generally approued and confirmed by many in
the Court mr Rider said he had somewhat to add to that wch was
spoken by Sr Edwin Sandys vizt that the Plantations in the West
Indies were founded by the Kinge of Spayne out of their owne Treas-
ury and Revenues And the State of Spayne mainetayned the Garri-
sons there, together with a great Nauy for their vse and defence,
whereas or Plantac̃ons were were both setled and supported by
the charge of priuate Aduenturers, saue that it was added by
another they had helpe by his Mats grace of some Collecc̃on and Lot-

teries wch had bin expended meerely vpon the publique: Where-
vvpon the Court after mature debate and considerac̃on desired it
might be signified to their ll͠ps that they should be willinge in obedi-
ence [229] to their ll͠ps com̃aund to ∥giue order for∥ bring∥ing∥ in all
their Comodities from the said Plantation for this yeare as much as
in them laye, but wheereas diuers Shipps haue bin sett out by pri-
uate Brothers of the Companie and also some belonginge to Planters
in Virginia it is not in the Companies power to compell or force
therevnto: And further the Court desired that it might be humblie
signified to their ll͠ps: that as they had formerly made remonstrance
to their ll͠ps this causinge of all Comodities to be brought in, would
be a meanes not onely much to ∥their∥ preiudice but vtterly to ouer-
throwe the Plantations for the reasons wch they had formerly pre-
sented to their ll͠ps and some others nowe alledged wch the Courtℯ
desired might be drawne vp and againe presented to their ll͠ps.

Mr Deputy acquainted the Court that himselfe and the Auditors as
much as his time would giue him leaue through so great and many
interruptions as had of late hapned, had beguñ the auditinge of the
old Magazine Account wch he founde somewhat more intricate and
difficult then he expected but of that he would farther aduise them
hereafter, nowe he said he was beinge entreated (by diuers of the
Aduenturers) to propound to their considerac̃on what they would do
concerninge the moneyes due vnto them nowe almost fower Monethes
from mr Alderman Iohnson and mr Essington for Tobacco sold vnto
them wherevpon they yet owed 800li as by the Account vnder mr
Essingtons owne hand appeared.

Alderman Iohnson said there was 500li lost by that bargaine that him-
selfe did but firme the Bill for mr Essington that vpon the Account of
the Magazine, there was owinge to him aboue 300li wch he would be
allowed before the 800li should be paide.

Mr Deputy replyed that mr Alderman was the principall in the Bill
and was ∥not∥ the Security, That it was true that by the Account
mr Alderman was made Debitor Creditor for 3000li but he said that
the Auditors conceaued the greatest part of it was to be deducted

vizt neare vpon 100li laide out in Charge against Captaine Bargraue
against wch the Companies had alwayes protested that they would
not allowe anythinge: Besidℯ vpon the Susan Account there was
due 100li for from Alderman
Iohnson: And further whereas Alderman Iohnson brings good Som̃es ∥paid for interest of moneys∥ they can-
not finde by the Account but that there must be a great deale of abate-
ment in reguard that they finde by the Account that he kept good
Somes of money in his handℯ [230] at the same time: In the end
the Court desired mr Alderman to prouide his defences in these
pointℯ against the next Court: And whereas mr Deputy acquainted
them that there was remayninge from diuers p̱sons debts longe due
vizt

     

from mr Morris Abbott	38li—7s—0d
from mr Nicho: Leat	43—0—0
from mr Wm Caninge	88—5—7

Mr Bull and mr Caswell are desired to entreat those gentleman to paye
in their moneyes, or elℯ not to take it ill that the Companie shall by
course of Lawe be enforced to seeke it.