University of Virginia Library

At a Court held for Virginia
on ffriday in the Afternoone
the 7° of March i622:

Present

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The Court held the first of this present Moneth beinge read there was
obserued an omission in the entry of my Lord Cauendishes report of
part of my Lord Treasurors speach at Counsell Table touchinge mr
Alderman Iohnson namely that after the Lord Treasuror had giuen a
verie Honoble testimony before the Lordℯ of the good carriage of the
buissines of the Plantation for these fower yeares last past, (whereby
his lp: said it had thriuen and prospered beyound beleife and almost
miraculously) The Lord Tr̃er added further that in the former yeares
when Alderm: Iohnson was Deputy and the buissines was in other
handℯ itwas carried leaudly, so that if they should be called to called

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Vpon this mr Caninge said, that if that om̃ission were added, he praid
it might likewise be remembred that Sr Edwin Sandys was an assist-
ant to Sr Thomas Smith, ∥in those tymes∥ and that nothinge was
donne without him.

Sr Edwin Sandys ∥replyed∥ that true it was he was often times ioyned
with Sr Thomas Smith by the appointment of the Courtℯ in many
waightie buissines concerninge the Plantation; wherein he gaue his
faithfull aduise and Counsell: But said withall it was as true that
comonly what was then donne in Terme times duringe his aboad in
Towne was for the most part vndonn againe in the vacations when he
was absent out of Towne.

At length mr Deputy beinge earnestly called vpon by diuers put it to
the question, whither they would haue that omission touchinge mr
Alderman Iohnson added in his due place in the former Court It was
by plurality of handℯ ordered that that omission should be added
accordingly as they were spoken by the Lord Tr̃ar and reported by
the Lord Cauendish.

Mr Binge likewise took exception at the settinge downe of some wordℯ
in the said Court touchinge him; affirminge that he did not saye at
Counsell Table that the Plantation should be taken from them, for
these wordℯ he said were spoken in another place.

Wherevpon for that it was not certainely remembred whither they
were spoken by mr Binge or noe at Counsell Table the Court caused
[232] them to be strooke out.

Mr Wolstenholme also tooke exception to the aforesaid Court sayinge
that Sr Iohn Wolstenholmes Proposition at Counsell Table was not
rightly related, for that he made it there with some abatement of the Custome.

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Sr Edwin Sandys answeared that Sr Iohn Wolstenholme made this
Proposition in three seuerall places. ffirst in my Lo: Treasurors
Chamber and secondly at a Virginia Court held in this place (speak-
inge here indeed of reduceinge 20000li wch 400000 weight at 12d p̱ pound
would rise to 20000 merkℯ) but at Counsell Table he made it other-
wise and spake not there of any abatement wch he conceaued was donn
out of good respect and caution: because it was not fitt for Sr Iohn
Wolstenholme before the Lordℯ to make abatement of the Kings
proffitt but rather to endeauor the aduancement thereof.

But diuers present in Court that were then also present at Counsell
Table affirmed that Sr Iohn Wolstenholme there deliuered the Propo-
sition, as Sr Edwin Sandys had reported it, and as it was sett downe:
And so the Court seeminge well satisfied, and no man makinge any
further obiecc̃on mr Deputy was desired to put the said Court to the
Question; (wch those former words beinge strooke out) was in all
other pointℯ confirmed to be truely sett downe by a generall erecc̃on
of handℯ.

After this the Lord Cauendish acquainted the Court with an order he
receaued from the Lordℯ of the Counsell concerninge the bringing in
of all their goodℯ and Com̃odities ∥the Copie wherof∥ doth here fol-
lowe (vizt)

At Whitehall the 4th of March
i622 in the afternoone.
Present[81]

Whereas by an order of the Bourd dated the 24th of October i621 it was vpon
diuers waightie and iust considerac̃ons vpon full hearinge of the Vndertakers
of Virginia ordered that no Tobacco or other marchandize be transported out

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of any of the Plantations of Virginia into any forraigne [233] partℯ vntill the
same should be first landed here in England, and his Mats Customes paid there-
fore: Their ll͠ps hauinge bin informed that notwithstandinge the same order,
there haue verie lately certaine Shipps laden with Tobacco both from Virginia
and the Sum̃er Ilandℯ bin conveyed into forraigne partℯ without euer landinge
here: The Bourd hath thought fitt to renewe the said order, as well for Vir-
ginia as the Sum̃er Ilandℯ: and withall to enioyne the Gouernors Officers and
all other perticuler Members of both those Companies who may any waye be
enteressed therein, to giue order, as well to prevent the like fault hereafter as
to redeeme that already com̃itted by procuringe the said Shipps to returne
hither, vpon those penalties that the refractories and Contemners of the
authority of the Bourd may expect: And the Gouernors and Officers of the
said Companies, are to take notice hereof and to publish it in their Courtℯ
respectiuely and to looke that it be executed accordingly
∥Exr W: Beacher∥

Wch beinge read mr Deputy signified that this Proposition of bring-
inge in all their Com̃odities was made vnto the Virginia Company by
their ll͠ps neare about 18 Moneths since Wherevpon the Companie
made an Aunsweare contayninge diuers reasons both of the impossi-
bility to performe it and also the great inconvenience wch would followe
to the Plantac̃on in case they should be compelled to bringe all their
Tobacco in hither: But their ll͠ps further pressinge them they made
a second remonstrance to their ll͠ps wherein they made an humble
protestac̃on that out of their bounden duety to God and his Matie they
might not agree therevnto, wherevpon hauinge not heard any thinge
more since that time ∥mr∥ Deputy said he conceaued their ll͠ps had
rested satisfied wth the reasons then presented vnto them; That this
should be nowe againe by so strict a comaund reviued, he could not
coniecture whence it arose except it were from some of the late
Opposers of the Contract diuers of whome (as is well knowne) did in
my Lo Treasurors Chamber professe that their desire was all should
be brought in, and it was there also by mr Wrote confidently affirmed
that it was the desire of the Planters in Virginia to bringe in all, and
that they had to that purpose petic̃oned to the Kinge, but they said
their petic̃on was concealed and neuer deliuered.

Sr Edwin Sandys said that this Proposition had heretofore bin often
times debated in priuate with my Lord Treasuror vnto whome the

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But yet it was signified vnto my Lord Treasuror, that such a moderate
and faire course might be taken as to induce them all willingly to
bringe in their Comodities, namely if his Matie would be so graceously
pleased to affoord them the like priuiledges and fauor as the Kinge of
Spayne doth to his Collonies in the West Indies (vizt) that what
Com̃odities the Plantations shalbe able to serue this Kingdome with
may be prohibited from beinge brought in to ∥from∥ forraigne partℯ
and without such a qualificac̃on he said his opinion was the bringinge
in of all Com̃odities was a Proposition extreamely preiudiciall to the
Plantac̃ons.

Wherevpon the Court entred into a serious considerac̃on of this Prop-
osition, and hauinge caused the former Aunsweares to be distinctly
read and hauinge alsoe waighed and considered of them well, and
diuers other waightie reasons beinge newly alledged after longe and
mature deliberac̃on, it was resolued by the Court to present an humble
aunsweare to their ll͠ps declaringe the impossibilities and inconveniences
that would acrewe vnto the Plantac̃ons by this Proposition: Where-
vpon although it was by some propounded that it might be referred to
the preparac̃on of a Com̃ittee, yet the Court thought it vnecessarie to
loose time in so plaine a case, and therevpon Sr Edwin Sandys and
mr Christofer Brooke were by the Court desired, takinge both the
reasons that had bin formerly presented to their llps by the Companie
together with those that were nowe newly alledged into their consid-
erac̃on, to drawe vp a Breife Aunsweare, wch in reguard the matter was
so well prepared and digested to their handℯ was conceaued might be
donn duringe the sittinge of the Court: Wherevpon they withdrewe
themselues and the Court was continued by erecc̃on of handℯ so longe
as need should require.

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Mr Binge moued for a Coppie of the Petic̃on that was put vp against
him at the last Quarter Court for Virginia: wherevnto some replied
the Court had made no entry thereof, in respect it had no name there-
vnto: But mr Binge still earnestly pressing for a Coppie the Secre-
tary was willed to fetch the originall [235] Wch beinge brought in was
read and demaund made, whither any ∥they∥ would acknowledge the
said writinge to haue bin put in by him, but none tooke it vpon him-
selfe in p̱ticuler: but in generall the whole Court seemed to beare
Wittnesse to the trueth thereof, and in p̱ticular one honoble and noble
person that had in the Quarter Court spake verie earnestly against it,
nowe said, he did it out of loue to mr Binge esteeminge it so true that
if the Court had entred into examinac̃on thereof, they could not haue
donn lesse then was there required, and diuers others openly affirmed
that at the Quarter Court when it was first exhibited, they conceaued
it verie true and fitt for the Court to haue proceeded in it, but onely
in reguard there wanted the Authors name that should haue bin sub-
scribed therevnto, wherefore they then rather gaue waye to lett a good
thinge passe and sleepe then to giue a President of such an incon-
venience as might arise by takinge accusac̃ons wthout knowledge of
the Authors.

Herevpon it was by diuers moued that since mr Binge had so much
misconstrued and traduced the Companies proceedingℯ in this pointe,
as to charge them with iniustice and wronge for reading of it,
whereas he rather should haue acknowledged their moderac̃on and
speaciall fauor to him in not proceedinge thereon, that therefore the
ground of the Companies refusall might stand cleared: It was desired
that it might be put to the question whither the Companie did not
thinke the materiall partℯ of the said writinge to be true wch moc̃on
was generally well liked and so without any considerac̃on of his
demeanor since that time, it beinge put to the question whither the
Companies did conceaue that writinge at the time it was exhibited
in the Quarter Court, to be in substance and in the materiall pointℯ of
it true, for those things alledged against mr Wrote Binge and mr
Woodall it was by a generall erecc̃on of handℯ onely three dissent-
inge, adiudged that the writinge was in substance true at the time it
was exhibited.

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Mr Binge likewise moued that he might haue a Coppie of that wch the
Lord Cauendish had reported that he had spoken at the Counsell
Table: Wherevpon mr Deputy put it to the Question and by a gen-
erall erecc̃on of handℯ it was ordered that the Secrẽ should giue him
a Coppie.

Sr Edwin Sandys and mr Xp̃er Brooke brought in an Aunswr drawne
vp accordinge to the headℯ giuen wch was as followeth. [236]

Secondly yor llps may be pleased to be aduertised that the Companies by
expresse wordℯ in his Mats Letters Patents are equalled in their priuiledges

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and liberties im̃unities to any other Companie or Corporac̃on for trade or
discouery and it is well knowne that both the Muscouy and sundrie other
Companies haue alwaies enioyed the liberty of carryinge their Com̃odities to
the best marketℯ at their pleasures and haue vsed the same accordingly.

They haue begun a Trade from Ireland to Virginia whereby the Collony is
supplied from thence with Cattle and other necessaries at a much cheaper rate
and they haue passed their Contractℯ to repay them in Tobacco wch if they
shalbe compelled to bringe ∥first∥ into England the Trade with Ireland is like
to perish in the verie begiñinge to the exceedinge preiudice of the Colony

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whose wantℯ we knowe not howe to Supplie but by these and the like meanes
our Stockℯ beinge vtterly spent and exhausted.

Wch beinge deliberately read the Court did by a generall erecc̃on of
handℯ ratifie and well approue thereof and desired the Lo: Cauendish
and ye Lo: Padgett and Sr Edw: Sackuill to present the same to their
ll͠ps in the name of the Companies. [238]

These Shares followinge beinge propounded at the last Court and no
man nowe takinge exception were admitted vizt.

Sr ∥Mr∥ Henry Sandys who had 5 Shares assigned vnto him by his
ffather Sr Edwin Sandys.

ffrauncis Bickely and Robert Alden who had one share a peece assigned
vnto them by Tho: Viner.

There were nowe also propounded the passinge of these Shares fol-
lowinge.

One share to Richard Middleton by Iohn Budge.

Two Shares by ∥to∥ Richard Biggs of London Haberdasher by
William Grosan.