 | The records of the Virginia Company of London |  |
Att a Court for the Som̃er Ilands helde at Sr
Thomas Smiths house the 5th of Ianuary—1623. [359]
This Court takinge into Considerac̃on the necessitie of some p̢sent course to be taken
for the ventinge of their Tobacc° wthout wch they conceaue itt impossible for the
Plantation to subsiste, And fyndinge that itt noe lesse concerns the Plantac̃on of
Virginia to make provision in the same kinde. Haue thought fitt to desire the Dep-
utie of the Virginia Company to call a Court and to make knowne vnto them that
they are desyrous to conferr wth them therin, And for that purpose haue nominated
a Com̃ittee who shalbe redie to giue meeting to any Com̃ittee whome they shall
appoynte seriously to advize therof wch they desire may be some time this weeke,
and if they shall thinke good att the house of Sr Thomas Smith or any other indif-
ferent place they shall make choyce of. Wherein they nothinge Doubt of theire
redy willingnes as the importance of this buisiness (equally concerninge the good of
both Plantac̃ons) doth necessarilie require.
Edw: Waterhouse Secret̃.
Vppon the readinge wherof mr Withers tooke excepc̃ons att the pap̱
beinge intituled as an Act of the Som̃er Ilands Company, wch hee
conceived had not mett since their last beinge att ffounders Hall As
for the Assemblies att Sr Thomas Smithes hee did doubt for his p̱t
whither they were Vsurpations vppon the Gouermt rather then the
Lawfull Courts of the Company; In wch Proposicon itt seemed hee
was by divers others seconded, and on the Contrarie some alleadged
that Sr Thomas Smith was Confirmed Gouernor by the Kings letter:
Wch mr Withers answered hee was ignorant of. Butt the Virginia
Company desyred this question might be silenced now in their Court
and lefte to the tryall of themselvs att the next Som̃er Ilands Quarter
Courte. Butt for the matter in hand the Court desyred that the
Proposic̃ons of the Som̃er Ilands Adventurers might be p̳duced,
wch mr Edwards acknowledged to haue in writinge Butt desyred that
the Company would first appoynte a Com̃ittee before they heard
the Proposic̃on: Wch kinde of course seemed verie strange to the Court
and contrarie to all former presidents, that they should appoynt a
Com̃ittee wthout some light of ye p̱ticularities and therevppon much
Dispute arysinge on each partie, itt was by divers held vnfitt to meddle
wth any new Proposic̃on, butt to reserve all to the Parliament now att
hand; who haueinge att their last sittinge out of their love to Virginia
butt much more out of their care of the wellfaire of this kingdome,
itt was to be hoped vppon the same ground itt might be now fully
effected wch was then lefte vnp̱fect; besides consyderinge the vncer-
taine State the Company stood in, itt Did not seeme either saffe or
reasonable to begin a new treatie. [360]
Yett never the lesse that there might be noe shaddowe of Scandall
vppon the Company as if out of willfullnes they would neglect any
thinge that might tend to the good of the Plantac̃ons although the
strangness of mr Edwardℯ Demaunds wch hee and some others reso-
lutely made to haue a Com̃ittee named before hee produced his Propo-
sic̃ons, was the more increased by the speeches of mr Edwardℯ and mr
Wrote, who affirmed that the Som̃er Ilands Companies Proposic̃ons
were soe vncertaine & onely in Imaginac̃on as theris as much expecta-
c̃on to haue some Proposic̃on from ye Virginia Com̃ittee as from
themselvs: and mr Edwardℯ affirmed that the Com̃ittee should vnder-
stand that pryvately wch is not fitt to be publiquely made knowne:
Yett nevertheless to gayne knowledge of their Proposicons, the Court
did by erecc̃on of hands order that without Preiudiceinge the Question
whether they from whome these Proposic̃ons came were the lawfull
Company of ye Sum̃er Ilands, there should be a Com̃ittee appoynted
by this Court to giue them a meetinge, and if they thinke fitt to debate
the matters propounded: butt not to conclude any thinge, butt to
reserve all entire to the Preparatiue Courte:
Whervppon mr Edwardℯ produced a pap̱ beinge as followeth.
At a Sum̃er Ilandℯ Coort ye 13: Ianuarij 1623.
The grounds or reasons wch induce ye Som̃er Ilandℯ
Company to desire a meetinge wth ye Virginia Company
They Conceive and vppon full Debate haue by erecc̃on of hands resolved.
ffirst
That the Plantac̃on cannott subsist butt by a better vent of their
Tobacco then formerlie they haue had.
Secondly.
That noe ease of Custome or any other course that wee can devise will
serve to vent the saide Tobacco as aforesaide, butt onely by prohibit-
Soe as there may no other Tobacco he vented in England butt such as
shalbe of the groweth of Virginia and the Sum̃er Islands—
Edw: Waterhouse Secrẽ:
Wch beinge read there was some exception taken att the first that itt
was too absolutely sett downe: for they did not doubt [361] butt Vir-
ginia would shortlie subsiste vppon farr better Com̃odities then
Tobacco: And for the Second they were of opinion that wthoutt exclu-
sion of fforraigne that of the Plantac̃ons could never be well vented:
And the Court nõiated for their Comittee, Sr Iohn Dauers, mr Deputie,
mr Wither, mr White or mr Iohn Smith, and mr Casewell who were
desyred to giue the Som̃er Ilands Aduenturers a meetinge att Grocers
Hall att such time as Sr Thomas Smith should appoynte vppõ a dayes
warninge before to the intent formerlie expressed.
Mr Woodall presented to the Court an Order of the LL͠s of the Counsell
Dated the 8th of December last wch was now read The Coppie wherof
doth here ensue.
| Lord Keeper. | Earle of Kelly. |
| Lo: Treasuror. | Lo: Visct Grandison. |
| Lo: President. | Lo: Chichester. |
| Lo: Pryuie Seale. | mr Treasuror. |
| Lo: Stewarde. | mr Secrt: Caluert. |
| Ea: Marshall. | Mr of ye Rollℯ |
| Lo: Chamberlain. |
There was this Daie read att the Board a Petic̃on in the name of sundry Adventurers
& Planters of ye Virginia Plantations Complayninge that wheras sundry of them are
willinge to surrender vpp their Patent for poynt of Gouerment, his Matie takinge
care to preserve everie mans p̱ticular Interest as hath been requyred by his Matie:
and that divers others of the said Company refusinge to conforme themselvs to his
Maties pleasure are p̳ceeded against by mr Atturney Generall by a writt of Quo war-
ranto that they yett haue made an Order in Court that the charge of their Defence
who are willinge to surrender ∥vp∥ the Patent: Itt was this day Ordered that all
they who are questioned in ye said Quo warranto shall make their Defence att their
owne p̱ticuler charge wthout any help or dispendinge any p̱t of the publiq̢ Stock
in that case; And that such as are willinge to surrender shalbe discharged from
all contribuc̃on towards the expence of the saide sute both in their p̱sons and their
goods.
Ext Williã Beecher [362]
Weh beinge Read mr Deputie signified that this Order as appears was
grounded vppon a Petic̃on presented to the LL͠s of the Counsell by
Alderman Iohnson and others, att the same time himselfe and §some§
others of the Company were Comaunded to attend their LL͠ps att
Whitehall and were present: of Wch Petic̃on haueinge obteyned a
Coppie hee prayed might be read, the Coppie wherof doth here ensue.
To the Right Honoble͠ the Lords of his
Maties: most Honoble priuie Counsell.
The humble Petic̃on of sundrie the Adventurers and Planters
of the Virginia Plantation.
Sheweth: That they haueinge been allwaies readie and are still willinge
accordinge to his Maties: expresse will and pleasure to render vpp their Patent
to be att his Maties Disposinge, so farr as any way concerneth themselvs for
poynt of Govermt:
Butt forasmuch as mr Nicholas fferrar and some others doe wthstand and shew
themselvs opposite therin and for their better enhablinge to oppose his Matie:
and to ffree themselvs from the charge of sutes haue latly made an order in
their Court that the charge of defendinge their cause shalbe borne by the
publiq̢ Stocke of the Company.
Against whose contempt mr Atturney Generall doth now p̳ceed by writt of
Quo warranto, in his Maties: Court of the Kings Bench.
They humbly pray that itt may be ordered by yor ll͠ps that all the charge
& expence occasioned by these sutes may be borne and expended by
themselvs that are defendts and opposites in the cause, and no p̱t therof
by the Companies publique Stocke nor by the goods of any the Adven-
turers and Planters yt shew themselvs conformable. And allsoe to
lique Stocke as shall herafter be imported for the Generall Company
may be sequestred in the Custome house till yor L̃ops shall further
Order for the Disposinge therof to ye Plantac̃ons vse.
And they shall ever pray for yor ll͠ps Cr.
Wch beinge read mr Deputie signified further that although ye Peti-
c̃oners did earnestly labour and presse that all the Companies goods
that should com from Virginia might be sequestred and deposited in
his Maties: Custome house, yett their Lps noble favour & Iustice was
such as not to thinke itt equall or reasonable soe to doe. Whervppon
itt pleased their Lops to order no otherwise vppõ their Petic̃on then
as they had heard by the Order now presented & read and to leaue
the goods of the generall Company free wch the [363] Peticoners
Desyred to haue sequestered (as hee conceaved) purposelie to deprive
himselfe and his Brother and those other to whome ye Company had
made over such goods for securitie of ye great Sum̃s due vnto them.
A moc̃on was made and generally thought fitt to be referred to the
Considerac̃on of the Grand Com̃ittee to thinke on some course for
movinge his Maties: Com̃issioners that they would please to certifie
and make some reporte to ye LL͠s: of the Counsell what they haue
done in the severall buisinesses brought before them by the Company
of Virginia and their Opposers that itt may appear to what heads and
issue they haue brought the same, assuringe themselvs that therby
the Iustnes & fayrnes of the Companies p̳ceedings would be manyfest
to all the world.
- Mr Deputie propounded the passinge of these shares followinge (vizt)
One Share from mr Georg Nuce to mr Edward Ryder. - One Share from Sr Iohn Thornburrough to mr Richard Wither.
- One Share from mr Laurence Maisterson to mr Iames ffletcher.
- Two Shares from mr Richard Casewell to mr ffurzeman.
- One Share from mr Fra: Carter to mr Mathias Hardinge.
| The records of the Virginia Company of London | |