University of Virginia Library

Search this document 
  
  
  
  
  
collapse section 
 1. 
collapse section2. 
collapse section 
  
  
collapse section 
  
  
  
  
  
  
  
collapse section3. 
  
collapse section 
  
  
collapse section 
  
  
  
  
  
  
collapse section 
  
  
  
  
  
  
collapse section4. 
collapse section 
  
  
collapse section 
  
  
  
  
collapse section 
  
  
  
  
  
  
 5. 
  
  
  
  

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
DECEMBER—THE XVth
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
collapse section 
  
collapse section 
  
  
  
  
  
  
collapse section 
  
  
  
  
  
  
  
  
  
  
  
collapse section 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  


280

DECEMBER—THE XVth

Present

   
Ri Honole the Lord of Southampton. 
The Lord of Warwicke. 
                                     
The Lo: Pagett. 
Sr Edwin Sandys Thr̃e. 
Sr Tho: Roe.  mr Christ: Brooke.  mr Henry Briggs. 
Sr Iohn Dauers.  mr Tho: Gibbes.  mr Georg Swinhoe. 
Sr Tho: Wroth.  mr Edw: Harbert.  mr Aiscough. 
Sr Hen: Iones.  mr Aug: Steward.  mr Keitley. 
mr Dr Anthony.  mr Ri: Tomlynℯ.  mr Berblock. 
mr Dr Gulstone.  Capt Samu: Argoll.  mr Nicho: Ferrar. 
mr Dr Winston.  Capt Da: Tucker.  mr Sheppard. 
mr Io: Wroth.  mr Nicho: Leate.  mr Bull. 
mr Wrote.  mr Bamforde. 
mr Io Ferrar Dept mr Cranmer. 
mr Wm: Caninge.  mr Woodall. 
mr Wm: Palmer.  mr Casewell. 
mr Sparrow. 
mr Robertℯ. 
mr Arundell. 
mr Wiseman. 
mr Ditchfield
and others. [54] 

These seuerall Bills of Aduenture being allowed by the Auditors, Att
their Audite the xiijth of December 1619 were now passed and receaved
the Courts Approbac̃on.

Bills approued of
and passed ouer.

Iohn Cage esquire turned ouer nine bills six of them to mr Dr Theo-
dore Gulstone, and Three to mr Isack Seaward.

Peter Bartes three bills to Dr Theodore Gulstone.



II. Writing of Thomas Collett (?)
Being page 54 of Volume I of the original MS.





illustration




281

Iohn Payne gent one bill to Dr Theodor Gulstone.

Augustine Steward esqr 3 bills to Sr Henry Iones Knt.

Katherne Clarke widdow one bill to Edward Harbert esqr.

Sir Edwin Sandys and §as§ itt was ordered in the last Courte repayr-
inge the next day to the Councell Table presented a Petic̃on to their
Lops: accordinge as itt was referred vnto him in the name of the Coun-
cell and Company in wch was conteyned the wholl State of the buisines,
Mr Iacobb beinge there, it pleased their ll͠ps: to give them moste honor-
able audience hearinge the allegac̃ons of both sides. Wher mr Attur-
ney generall delivered his cleere opinion to the LL͠s That the Company
by their Pattent were free from Imposic̃ons; And in fine itt was
ordered by their Lops: that the said Mr Iacobb should deliver the said
Tobacco vnto them paying all other Duties that might app̱teyne there-
vnto, wch was submitted to their Lops: Iudgments;[76] Therfor he moved
that the Petition togeather Wth their Lops: order might be entred in the Courte Booke wch was well liked of: being as followeth.

A petic̃on deliu9d
by Sr EDw: Sandys
to ye ll͠s touchinge
mr Iacobb.
The Allegac̃ons of
both sides heard.
Mr Iscobb to de-
liuer the Tobacco

To ye Ri: Honor: the LL͠s: and others of his Mats: most Honorable Priuie
Councell

The humble Petic̃on of ye Thr̃er Counsell and Company for Virginia

Humbly shew vnto yor Lops: Wheras the Plantac̃on of Virginia by reason of
many great difficulties hath beene and still is a matter of excessive charge to
the p̱ticularr Adventurers, And if itt please God to p̳sper the same so as itt be
brought to p̱fecc̃on (wherof the hope is now greater then heretofore att any
time) Itt wilbe a matter not onely of strength and honour butt allso of great
proffitt to his Maty: and his people And to his Maty p̱ticulerly in his Customs,
vnto wch the negotiac̃on established wth Virginia will raise a cleere and in short
time a great addic̃on, as growinge by mutuall Traffique betweene the English
and English, who now yearly remove thither in very great multitudes: [55]
In wch and many other important Considerac̃ons itt pleased his most excellent
Maty: of his Princely benegnity by his ɫres Pattents bearringe date the 23th of
May in the Seaventh year of his Raigne of England Cr. To graunt vnto the
said Company ffreedome from Custome and Subsedie in Virginia for one and
Twenty years and in England for a certaine nombr of years now expired, and
from all other Taxes and Imposic̃ons for ever. "Exceptinge onely the ffiue


282

"pounds p̱ Centũ: due for Custome vppon all such goods and Marchandizes
"as shalbe brought or Imported into this Realme of England or any other his
"Mats: Dominions accordinge to the Ancient Trade of Marchants."
The Compa: Peti-
c̃on to ye Lordℯ de-
claringe their free-
dome of Imposi-
c̃on

And the like graunt hath beene made by his Maty: to ye Compa of ye Som̃er
Ilands by his gracious ɫres Pattents bearinge date the 29th of Ivne in the 13th
yeare of his Raigne of England Cr save that the freedome from Custome and
Subsydie graunted to them is not yett expired. Which Compa of the Somer
Ilands are all members of the Virginia Company and for the mutuall strength
of both parties are soe to continue.

All wch notwithstandinge the ffarmors of his Mats: Customs by a generall rate
made of Tobacco att xs the pound in regard the Spanish Tobacco is worth much
more though the Virginia Tobacco give not halfe so much, demaund of yor
Supplyants vjd the pound for their Virginia Tobacco wch they humbly desire
may be rated att a iust valew by itt selfe (wch they shall willingly pay) and not
raysed to the double by cooplinge itt wth the Spanish wch is sould ordinaryly
att 18s the pound and some times att more.

They Complaine allso to your LLps: of mr Iacobb ffarmor of ye Impost of
Tobacco who by color of a much latter Graunt from his Maty demaundeth of
them an other vjd the pound vppon their Tobacco contrary to his Mats most
gracious Graurt, and wch allso itt is not possible that poore Comodity can
beare.

They humbly therfore offer to yor LL͠ps: Considerac̃on wheras for the support
and increase of that Plantac̃on to draw on the Collony more cheerfully to apply
their labour, they have erected here a Society of p̱ticuler Adventurers for
Traffique wth them of Virginia in a Ioynt Stocke for dyvers years commonly
called the Magazine, and have contracted with ye people ther, as for other
Comodities so p̱ticularly to give them iijs a pound for Tobacco, by vertue of
wch Contracts a great multitud of people have lately beene drawne to remove
thither, and not soe fewe as one Thowsand Personns are providinge to goe
and Plant there in the Springe approching, that if to that iijs be added this
12d demaunded by the ffarmorr together wth other charges of ffraight Cr itt will
exceed the vttermost vallew wch att this day the Tobacco can be sould for, and
consequentlie must needs dissolve this Traffique established.

And they further Complaine to yor LL͠ps: of mr Iacobb that wheras this Com-
pany for the vphoulding of the said Traffique sett out in September was Twelue
moneth a Ship to Virginia for the bringinge home of the Comodities as itt
were the Harvest of that yeare, wherby the people there are to be maynteyned
wth clothinge and necessary Implements. [56]


283

The Company here quickned wth hope of proffite by traffique and by this
mutuall negotiac̃on his Mats Customs advanced: And accordingly in Iune last
their Ship returned and brought home Twenty thousand pound weight of
Tobacco for wch besides the Marchandize bartered wth them there they are to
discharge here aboue Eight hundred pounds of Bills of Exchange, And vppon
returne of their Ship they brought their goods into the Custome house as they
were required that they might be weighed and the Custome answered for the
same wch they were most willinge and redy to discharge, Mr Iacobb of his
owne authority interupted the weyinge of their Tobacco and forbad farther
proceeding vnless that impost of vjd a pound were allso paid vnto him.

Whervppon they flyinge to yor Lops: for releife obteyned yor honoble͠: Letter to
mr Iacobb to deliver their goods they entringe into bond to pay him whatso-
ever should appear to be his due, by yor ll͠ps iudgmentℯ vppon certificate from
his Mats: leirned Councell, and wth in one moneth after itt should be determyned,
wch order yor Supplyantℯ did offer him to p̱forme.

But mr Iacobb refusinge to p̱forme yor ll͠ps: order and exactinge of them another
bond, vizd to pay him his demaund att a certaine day vnless they p̳cure in the
meane time a discharge from yor ll͠ps: wch they thought vnfitt to vndertake
beinge not in their power to effect hath ever since now for the space of fower
monneths and vpward Contrary to his Mats L̃res Pattents and yor Lops honor-
able ɫres (an example vnheard of) forceably deteyninge their goods to their
damage att least of—2500li partly by the impayringe therof in worth through
dryinge and other corrupc̃on and partly by the Sale of price vppon the Store
of English Tobacco wch hath since beene made

They further Complaine of mr Iacobb that wheras the Som̄er Ilandℯ are yett
free for two years and an halfe vnexpired of very Custome and Subsedie, mr
Iacobb who standinge by his Officers at Plymouth hath caused 12d the pound to
be exacted for their Tobacco, and bond to be entred for the payment therof
on the Sixth of this monneth vnless yor lops: shalbe pleased in the meane time
to discharge ye same.

In considerac̃on of wch premises these Petic̃oners most humbly beseech your
good ll͠ops: that wheras they are now in treaty for the providing & settinge forth
of two Ships imeadiately, the one to Virginia expresly for his Mats service, and
the other to the Somer Ilands for the necessary fortefyinge and securinge of
that place, And for as much as they dare not lett them Carry thither soe
vnwellcome news, as in the p̱ticulers before sett downe And forasmuch allso
as the preparac̃ons for the transport of those = 1000 = Persons are now all
att a stand waightinge vppon the success of this present buisines that yor ll͠ps:
of yor accustomed goodness and fauor toward this Plantac̃on, and to preserve


284

itt from vtter ruine now threatned by those Courses wilbe pleased in vphould-
inge of his Mats: gracious Graunt vnto them to cause their goods thus deteyned to
be att length deliu9ed vppon payment of such duties as of right ought to be paid.

And they shall allwaies pray for yor lops: long Continuance in all pros-
perity. [57]

Captaine Argoll vppon his owne desire to answere to such Crymes as
are imputed to him in the time of his Gouerment hath been sundry
times summoned to meete the Councell att Southampton house where
haveinge sett many daies, Mr Thr̃er now presented the passage of
their seuerall p̳ceedingℯ wth him devydinge his charge into three
partes.

Capt Argollℯ de-
sire to answer such
Crimes as are im-
puted to him.
Mr Thr̃erℯ reporte
of their proceed-
ings with him.

1: His Offences in matter of State, 2: The Depredac̃on and spoile of
the publique wth other offences to the Company and Councell and
3: his oppression there of the Collony in generall and sundry p̱ticu-
larr men.

To the Two first mr Thr̃er vppon the desyre of the Counsell was con-
tent to collect the falts, and sett downe §in§ Articles the greivances
of the Company because the said Capt Argoll desyred to answere every
pointe in writinge. Butt the third of the opression of the people
haveinge no affinitie wth the two other partℯ may be answered by
themselvs when Certificate shalbe returned from thence of the same
hee haveinge answered to the 4 firste Articles of Matter of State,
The second parte of depradc̃on was deliu9d vnto him in Eight Articles
by mr Thr̃er earnestly desyringe the Courte (as the Councell thinkℯ
itt Convenyent) that the prosecutinge herof might be taken outt of
his hands, and referred accordinge to the Councellℯ order vnto a
Lawyer and a Marchaunt to solicite the Companies cause against
him: And allso Capt Argoll desyred that in respect hee was no great
Scoller that hee might have liberty to entertaine Councell to defend
his Cause: Soe the Courte for the Company have now made choyse
of mr Edward Harbert for the Lawyere and mr Tho: Keightley for
the Marchant agreeinge that all the writings and evidences shall be
putt into their hands, And that the Tr̃er and Councell shall be iudges
of the buisines, Mr Deputy promisinge to enforme and ease them as
much as hee cann, allowinge allso of Capt Argollℯ request.

The buisines to be
referrd to a Law-
yere & a Marchant.
Capt Argoll to en-
tertaine a Coun-
cellor.
The Compa choise
of their Lawyere
and Marchant.


285

Wher vppon hee made a second that in regard Sir Thomas Smith was
then Thr̃er, and may say some thinge to some orders wch was given him,
that this buisines might be heard att his house, wch mr Thr̃er, said hee
would not gainesay, whensoeuer the mattere were handled to the
knowledge of Sr Tho: Smith, And the rather for that the firste move-
inge against Capt Argoll p̳ceeded from Sr Thomas Smith, and mr Al-
derman Iohnson, wth some other as appeareth both by their letters to
Capt Argoll himself of the 3d of August i6i8, As allso by their other
ɫres to the Lord Lawarr att ye same time, wherin they charge him
wth all or most of the said Crymes, & that in verie sharpe sorte; Re-
quiringe the Lord Lawarr to send him home to his answere to sequestre
his goods there and to restore to the publique all such Cattle as hee
had alyenated wthout lawfull warrant:

Capt Argollℯ sec-
ond request

Wheras the last Court agreed to give vnto my Lord of Londonℯ Reg-
ister for his paines in their Collecc̃ons the some of xx poundℯ form9ly
p̳mised mr Thr̃er informed that his llop: hereing therof was not well
pleased therewth and would not assent that any p̱t of the 1000li wch hee
had sent in should be deminished: As allso that accordinge to the
Archbishope of Yorkℯ desyre hee had sentt him 200 new breifℯ for
Collecc̃on. [58]

My Lor: of Lon-
donℯ dislike of xxli
to be giuen to his
Register.
200 new briefs sent
to ye Archbishop
of Yorke.

The Councell meetinge accordinge to the referrence in the last Court
and p̱vsinge the L̃res Pattents grew to this Conclusion that by the
lycense of the said Councell itt might be lawfull for either of the said
Collonies to fish wthin the liberties the one of the other butt since
some of the Northerne Collony flyinge from that agreement pretend
to Consider better of itt before they will give answere therevnto.
Howsover the Councell haveinge occasion to p̱sue itt vppõ the Moc̃on
of mr Thr̃er have given lycence vnder their seale vnto the Society of
Smiths hundred to goe a fishinge wch Seale was this day in open Courte
and by the allowance therof affixed to their saide Lycense, as allso
to a Duplycate of the same.

The Counsells re-
porte for p̱vsing ye
ɫres Pattents.
Lycense giuen to
Smiths Hundred
vnder ye seale to
Fish in ye No Col-
ony

Att this Court Mr Thr̃er acquainted the Company that the day before
Sr Tho: Smiths Acco had beene brought in to the Auditors and for the
spedyer Auditinge and concludinge of them itt was moved by him in


286

the name of the Auditors who by one [90] assent had approved therof
that a [90] Publicac̃on might be sett outt in printe, In ye firste
parte to sett downe the names in Alphabeticall order of every Adven-
turer and their seuerall Summs Adventured that therby all may take
notice of their sumes brought in, and be summoned to com in for
their Land proporc̃onable thervnto, before the best were possessed by
new Adventurors or Planters wch might be allso a means of a speedy
encrease and [90] of the Plantac̃on And in the second p̱t to con-
fute such scandalous reports as have beene divulged of Virginia by the
Iustificac̃on of the Inhabitantℯ there, wch moc̃on was generally ap-
proved by the Courte referringe the drawinge of the said Publicac̃on
to mr Thr̃er & Dr: Winstone.[91]
Sir Edw: Sandys
moc̃on for a Pub-
licac̃on to be sett
out in printe
The moc̃on ap-
proued of and ye
drawing of itt re-
ferd to mr Thr̃er
& Dr Winstone.

Mr Thomas Keightley beinge formerly amongst others chosen an Au-
ditor for the Magazine Accompts, now reported that although ye Court
tooke some distaste att mr Essington touchinge the same, yett hee
and the rest appoynted wth him haveinge Audited itt never found
books in better order nor Accompts better kept, for not fower peny-
worth of goods is sent butt is orderly sett downe, marvelinge that as
itt appears ther should be 2000 & odd pounds owinge to the Adven-
turors and they continue indebted 1000li to the Chamber of London
besides—5200 and odd pounds worth of goods remayninge in the
Magazine as itt cost the first penny here: Whervppon itt was mooved
by mr Thr̃err that three poyntℯ might be considered: 1: The sale of
the Tobacco 2: Concerninge those difficulties that are founde in the
Accompts menc̃oned by mr Keightley: 3: wheither to p̳ceed wth the
Magazine or dissolve itt. ffor the first mr Bearblock, mr Caninge,
and mr Smith are intreated to goe to Sr Iohn Wolstenholme to know
when hee holds itt convenyent to make Sale of itt, and accordingly
order shalbe given for the Adventurers meetinge. [59]

Mr Keightleys re-
porte touchinge ye
Magazine Acco
Mr Thr̃er moued
for 3: things to be
considered of

ffor the second itt was agreed accordinge to former order that when
the Accomptℯ are prepared they shalbe presented to the Counsell to


287

have those doubtes decyded, And Wheras the Society of Smiths
Hundred are indebted to the Adventurers of the Magazine for men
transported in the William and Thomas Itt is referred vnto fower to
examine what is due and itt shall be paied vizd mr Caswell and mr
Smith for the Aduenturers, and mr Iohn Ferrar and mr Keightley for
Smiths hundred; And for the last whether the Magazine shall con-
tinue or noe, itt is referred to be disputed of att the Adventurors meet-
ing for Sale of the Tobacco.

ffor the fiftie men wch are now to be sent vppõ Com̃aund from his
Maty: Itt was agreed vppõ the moc̃on of mr Thr̃er for the apparrellinge
and furnishinge them wth other necessary expences, one Hundred
pounds shall be allowed to be disbursed out of ye Cash and afterward
to be reembursd wth the rest by their Maisters.

100li to be dis-
bursed out of Cash
for furnishing of ye
50: men.

Mr Thr̃er signifyinge yt the Lord Maior desyringe some of the Com-
pany to be present att their Court att Giuldhall they should vnder-
stand the Citties pleasure touching the moc̃on for the Children,
therfore mooved yt some might be appoynted to attend them to
know their resoluc̃ons: Whervppon the Courte ernestly entreated
himselfe to take the paines Associatinge vnto him Sr Iohn Dauers, Sr
Tho: Wroth, mr Iohn Wroth, mr Dr Winstone, mr Abbott, mr Gibbs,
mr Bearblock, mr Caninge and mr Palmer tomorrow morninge att 10:
of the Clocke att Giuldhall wch notwthstandinge the multiplycitie of
many other buisinesses for the Company hee hath p̳mised to p̱forme.

Some of ye Compa:
to be att ye Court
at Giulde hall.

Itt is agreed that mr Batemans bill of Exchange shalbe paide by the
Adventurers of the Magazine who are content to disburse the money
till itt may be vnderstood who of right shall pay itt.

Mr. Batemans bill
of Exchange to be
paide by ye Ad-
uenturers of ye
Magazine.

Mr Ralph Yeardleys Petic̃on in behalfe of his Brother Sr Georg Yeard-
ley was read and approved by the Courte, butt by reason itt grew late
itt was referred to the next Court to be p̱formed.

Mr Ralph Yeard-
leys petic̃on ap-
proued of

Elizabeth Barkeleys Petic̃on referred to the same time.

Eliza: Berkeleys
Petic̃on referd.


288

Notice beinge given to Mr. Thr̃er that Katherine Bath hath chosenn
Frauncis Barradine of London Chandlor to be her Gardeon, who
beinge present shewed forth an Instrument for the same, Itt was
agreed yt a warrant should be made for payment of the Sixteen pounds
odd mony to the said ffrauncis Barradine for her vse and so the Com-
pany to discharge themselvs of that Debt wch accordinge to a former
order they were to pay vse for appoyntinge him to be vppon Munday
morninge att the generall Audite and hee should receive yt. [60]

xvili to be paide
Frauncis Barra-
dine for ye Vse of
Kath: Bath.

 
[76]

See letter from the Privy Council to Abraham Jacobs, List of Records, No. 137, page 136, ante.

[90]

A blank space in the manuscript.

[91]

Such a list was printed in the Declaration of June 22, 1620. There was also a broadside of May
17, 1620, which set forth the condition of the colony and its commodities. See List of Records, Nos.
174 and 183, pages 140 and 141 ante.