University of Virginia Library

At a Court held for Virginia
on Wedensday in the Afternoone
the 19th of March i622

Present

                                               

	Right Honoble Lo: Cauendish.
	Lo: Padgett.
Sr Io Brooke.	mr Paulavicine.	mr Newport.
Sr Edw: Sandys.	mr Caswell.	mr Hackett.
Collo: Ogle.	mr Copland.	mr Tatam.
Sr Io: Dauers.	mr Balmford.	mr Hobbs.
Sr Edw: Horwood.	mr Thaire.	mr ffarley.
mr Nicho: ffarrar Dpt.	Capt̃ Bargraue.	mr Edwards.
mr Geo: Garrett.	mr Wheatly.	mr Hurd.
mr Io ffarrar.	mr Wiseman.	mr Buckeridge.
mr Tomlins.	mr Addison.	mr Sheldon.
mr White.	mr Rogers.	mr Robertℯ.
mr Wilmer.	mr Ley.	mr Seaward.
mr Robert Smith.	mr Geo Smith.	mr Iadwin.
mr Berblocke.	mr Kirby.	mr Io Hitch.
mr Meuerell.	mr Tho: Shippard.	mr Browne.
mr Ditchfeild.	mr Baker.[82]	mr Birkett.
mr Rich: Bennett.	mr Swayne.	mr Cuffe.
mr Bland.	mr Widdowes.	mr Norwood.
mr Procter.	mr Swinhowe.	mr Edw: Waterhowse.
∥mr Barbor.∥	mr Stone.	mr Dike.
	mr ffra: Waterhowse.	mr Pollard.
		mr ffaucett.
		with diuers others.

The Court held the seauenth of March was nowe read, whereat no
man takinge exception after some pause, mr Deputy put it to the ques-

tion, whither the Companie conceaued that Court in effect and sub-
stance to be rightly sett downe: Wherevpon it was by a generall
erecc̃on of handℯ (no one dissentinge) approued to be rightly sett
downe. [239]

This donne the Lo Cauendish acquainted the Companie with what had
passed the last Tuesday morninge before the ll͠ℯ. of the Counsell
touchinge mr Binge who for his sundrie misdeamenors and insolent
speeches vsed not onely concerninge the Ea: of Southampton a Mem-
ber of that Bourd but also of a higher consequence was com̃itted to
the Marshalseas and before his deliuery from thence is to giue the
said Ea: fittinge satisfacc̃on as may appeare by their llps order.

This ended the Lordℯ havinge promised to fall into the buissines of
the Contract it was growne so late as their ll͠ps deferred it till the
Afternoone where the Companie beinge againe present, the Lord
Treasuror thought fitt, because there were but a Thynne Counsell (as
then) to deferr the hearinge till the next ffriday morninge, but his
lp: said that hauinge moued the Lo: Treasuror and mr Chauncellor
of the Exchequor that the Opp∥osers∥[83] against the Contract might
put their proposic̃on in writinge as the Companie intended to sett
downe theirs, the Lord Tr̃er answeared, that that was not the ques-
tion for the Kinge did not in this Contract respect his owne proffitt,
as they ∥somuch as he∥ did the good of the Plantations: And there-
fore seeinge it had bin alledged that the bargaine concluded on was
but comparatiuely good; his lp: wished if a better way could be found
out for the good of the Companie and Colony, that might be thought
vpon and propounded at the next meetinge.

To wch end his lp: said he caused this Court to be called and warning
thereof to be giuen to all those that opposed the Contract although he
could see but fewe of them nowe present But his lp: said, that since
the Lordℯ had so nobly made profession of their duety ∥desire∥ and
willingnes in fauor of the Plantations to yeald to an easier bargaine,
he thought fitt nowe that the Court should enter into a present and
serious considerac̃on howe that might be accomplished.

Wherevpon it was moued that those that haue so maynely oppugned
the Contract, would please to acquaint the Court (as were fitt) what
newe Proposition they had to present that might be of greater ease
and benifitt vnto the Companie and Colony to the end it might be
nowe considered of and debated, and in fine brought to some resolu-
c̃on what should be fitt to moue to the Lordℯ (but there was no man
although it were longe expected, that offered any newe Proposition)
and diuers of the Companie, declared their opinions to be that the
Courtℯ should make most vse of this noble fauor of the Lordℯ, by
seeking rather to make the Contract lighter in some pointℯ then by
attempting any newe waye, wch course the whole Court generally
assented vnto. [240]

Sr Edwin Sandys moued them to take the seuerall partℯ of the Con-
tract into considerac̃on and to reexamine what goode or euill each
mayne branch conteyned, and to confirme that wch shall appeare to be
to the benifitt and aduantage of the Plantations and desire a levia-
c̃on in that wch shalbe hard or preiudiciall Wch manner and order the
Court exceedingly approued and accordingly proceeded first therefore
it was considered and argued whither the sole Importac̃on of Tobacco
vizt That none should be brought but from the Plantac̃ons (wch Sr
Edwin Sandys said was the foundac̃on of the contract) together with
the inhibitinge the plantinge thereof in England and Ireland were
absolutely necessarie: This proposic̃on of sole Importac̃on was after
much debate and examinac̃on found to be so absolutely necessarie for
the Companies as thereon depended the verie life and subsistence of
the Plantac̃ons. Wherevpon it beinge put to the question it was by
a generall erecc̃on of handℯ (no one dissentinge) agreed vnto and
adiudged that the sole Importac̃on was absolutely necessarie for the
mayntenance of the Plantac̃ons and that no preiudice nor dam̃age
could be greater to the Plantac̃ons, then to be depriued thereof.

Secondly Sr Edwin Sandys propounded to the considerac̃on of the
Court the Couenant of beinge tyed to bringe in a certaine quantity of
Spanish Tobacco wch was by diuers said to be the hardest part and
article in the whole Contract diuers estimatinge it to be to the preiu-
dice of at least 40000li waight p̱ Annũ to the Plantations in reguard

that whatsoeuer the Spanish Tobacco did arise to was taken awaye
from the Plantations: Wherevpon it was generally desired that his
Matie and the Lordℯ might be petic̃oned, that the Companies might be
freed from this condic̃on, yet withall diuers of the Court professed,
that since by the Contract it was to be but for two yeares, and without
the Contract it would perhapps be for euer, that therefore it might
withall be declared vnto the Lordℯ that if so be their llps should not
thinke fitt for some higher reasons then their Courtℯ could conceaue,
to graunt this desire, the Companies did not desire to breake the Con-
tract although it were ioyned with this burden: Wherevpon Sr Edwin
Sandys made the Proposition that followeth, That whereas by the
Contract they are tyed by Couenant to bringe in—80000—waight of
Spanish Tobacco in the first two or three yeares, whither they did not
thinke fitt [241] it be signified to the Lordℯ of the Counsell that they
do not vary from that agreement: But if it shall please their Lps to
mediate with his Matie so farr in fauor of the Plantac̃ons and §as§ that
the Contract may be discharged of that couenant either in whole or in
part, that they ∥shall∥ take it for an extraordinary fauor, and be a
very great encouragement both to Aduenturers and Planters: This
Proposition beinge likewise well approued was put to the question and
by a generall erecc̃on of handℯ (no one dissentinge) desired the Lordℯ
might be earnestly moued to that effect as was proposed.

Thirdly Sr Edwin Sandys proposed to the considerac̃on of the Com-
panie, what retribuc̃on they would giue to the Kinge in case his Matie
should graunt vnto them the benifitt of sole Importac̃on and discharge
the Contract of the said Couenant of bringinge in —80000 waight of
Spanish Tobacco for without a Retribuc̃on there was litle hope or
reason to expect so great a fauor of his Matie. Touchinge wch he proposed
whither it were not fitt to desire of his Matie and their llps that they
would please to accept of a fourth part of their Tobacco as was at first
offered to the Lord Treasuror and that this retribuc̃on might be taken
in Specie that is to saye in the Comodity of Tobacco rather then in
money: This proposic̃on was well approued of and beinge put to the
question it was by a generall erecc̃on of handℯ (noe one dissentinge)
desired it might be soe proposed to the Lordℯ.

ffourthly whereas the Customers (as was informed by diuers of those
that opposed the Contract) haue offred in fauor of the Plantations (as
is pretended) to make abatement of 3d Custome whereby they shall
onely paye but 3d p̱ pound wch the Companies notwithstandinge do
finde to be more then by lawe is due vnto them, (they beinge by their
Letters Patents to pay but only 5li p̱ Centũ) It was therefore moued
that this alleviac̃on likewise in pointe of payment, might be humbly
petic̃oned of the Lordℯ, and that it beinge obtained it might accord-
inghtly be inserted in the Articles of the Contract, but if the Cus-
tomers shall not be willinge herevnto, then to beseech thier llps that
the Companie may be p̱mitted to take the benefitt of the lawe in defence
of the priuiledges of their Patent, whereby his Matie also shall receaue
much ease in his Third part, This Proposition was well approued of
and by a generall erecc̃on of handℯ no one dissentinge ordered it
should accordingly be humbly offred to the Lordℯ. [242]

ffiftly it beinge taken into considerac̃on whither it were fitt to moue
the Lordℯ for mitigac̃on of the fraight for his Mats part as he desired:
It was generally conceaued fitt to passe it ouer and onely menc̃on it
as an inducement to their other requestℯ seinge the Companies cannot
saue much thereby and yet the Supposic̃on that the Kinge should loose
much might be an impediment to their other desires.

∥6.∥ That whereas by the Contract the Companies are to haue a sole
sale, Sr Edwin Sandys propounded whither they did desire to haue a
sole sale rather then to leaue it free for euery man to take out his two
Thirdℯ, and leaue the Kinge his Third, considering if this generall
liberty of a free sale should be graunted, both the generall sale would
be much hindred and the Kings Third would hardly be sold at all:
This Proposition after some deliberac̃on was put to the question and
by a generall erecc̃on of handℯ (no one dissentinge) the Companie
agreed to insist vpon a sole sale, and ordered that their approbac̃on
of a sole sale should accordingly be signified vnto the Lordℯ.

Seauenthly Sr Edwin Sandys offered vnto the considerac̃on of the
Companie whither they did not thinke fitt it be propounded to the
Lordℯ in fauor of the poore Planters: That whereas by the Contract

they are to Account for his Mats part euery halfe yeare; they hauinge
bin informed that the Lord Treasuror wilbe pleased for reliefe of the
Planters, that the payment be made but once a yeare at the yeares
end to shewe that if it shall please their llps to graunt this fauor, they
shall haue the better meanes to releiue the poore Planters as is desired
it was by a generall erecc̃on of handℯ denied (§no§ one dissenting)
desired the Lordℯ might be moued herevnto.

Lastly it was propounded to the consideracon and iudgement of the
Court, that in case before the Lordℯ of the Counsell the Opposers
should make some Proposition for the abatement of the Custome and
Imposic̃on, vpon condic̃on the Companies yeald to bringe in all their
Tobacco and there be left a free Importac̃on from other places; whither
the Companie did conceaue their estate bettered in this in this manner
more then it was by the Contract, After longe and much debate, it
beinge in the end put to the question, it was by a generall erecc̃on of
handℯ (noe one dissentinge) adiudged that these two condic̃ons pro-
pounded vizt that the Companie should be bound to bringe in all, and
yet a freedome graunted to bringe in from other partℯ would vtterly
ruine and ouerthrowe the Plantations and that [243] although the
charges were brought downe to Six pence yet the damage would be
farr greater then the ease.

Accordinge to these seuerall headℯ proposed and agreed on the Cort
earnestly desired the

       

Lo: Cauendish	Sr Iohn Dãuers
Sr Edw: Sackuill	2 Deputies &
Collo: Ogle	mr White
Sr Rob: Killigrewe

or any fower of them would please to drawe vp a Remonstrance of
their said humble Proposition and Petic̃on to the Lordℯ of the Priuy
Counsell and present the same vnto their llps in the name of the
Companie.

A moc̃on beinge made for a Com̃ission for a Shippe wch mr Barbor settℯ
out for discouery and a fishinge voyage, The Court ordered a Com̃is-
sion to be drawne vp to that purpose and to be sealed.