 | The records of the Virginia Company of London |  |
A Preparatiue Court held for Virginia
the 10 Iuly i622
| Right Honoble | Ea of Southampton. |
| Ea of Dorsett. | |
| Lo Cauendish. | |
| Lo Padgett. | |
| Lo: Haughton. |
| Sr Edwin Sandys. | Capt Tucker. | mr Tatam. |
| Sr Sam: Sandys. | mr Caswell. | mr Stephens. |
| Sr Iohn Brooke. | mr Penistone. | mr Swayne. |
| Sr Walter Earle. | mr Geo: Smith. | mr Burr. |
| Sr Hen: Crafts. | mr Copland. | mr Christ: Martin. |
| mr Gibbs. | mr Paulavicine. | mr Tobias ffelgate. |
| mr Palmer. | mr Binge. | mr Ewens. |
| mr Nicho: ffarrar Dpt̃. | mr Strowt. | mr Clarke. |
| mr Iohn ffarrar. | mr Moorer. | mr Couell. |
| Dor Anthony. | mr Waynwright. | mr Bennett. |
| mr Wilmer. | mr Hackett. | mr Wiseman. |
| mr Bromefeild. | mr Boothby. | mr Shippard. |
| mr Iohn Smith. | mr Robertℯ. | mr Moorewood. |
| mr Ro: Smith. | mr Ley. | mr Bland. |
| Capt: Gifford. | mr Newport. | mr Seward. |
| mr Berblocke. | mr Morris. | mr Gookin. |
| mr Wm Palmer. | mr Whitly. | mr Chamberlen. |
| mr Swinhowe. | mr ffelgate. | mr Webbe. |
| mr Tomlins. | mr Wiffin. | mr Iohnson. |
| mr Widdowes. | mr Withers. | mr Barkham. |
| mr Bull. | mr Woodall. | mr Robertℯ. |
| ∥mr Strowd.∥ | mr Hart. | mr Stubbs. |
| mr Baynham. | mr Beamont. | |
| mr Viner. | ||
| mr Porter. | ||
| with diuers others. |
My Lord of Southampton signified vnto the Companie that he held
it fitt accordinge to their vsuall manner (before they did proceed to a
newe matter) to read that wch had bin formerly donne. And because
there had happened a mettinge of the Court on the 19th of Iune
between the last Court and a Court held the fift of the same Moneth,
wherein the buissines nowe in hand was first proposed:
It was therefore agreed that the said middle Court held on the 19th of
Iune wherein other matters were treated of (and not this Contract
intended) should be put of to be read on Wedensday beinge the next
Quarter Court and the rather because in that Court of the 19th of Iune
are many waightie matters wch highly concerned the Company, and
most fitt for the knowledge of that great Quarter Court touchinge the
proceedingℯ of ye Com̃ittee touchinge the said Contract to be made
with his Matie by the Companies for Virginia and the Sum̃er Ilands
for the sole Importac̃on of Tobacco: After some pause therevpon Sr
Edwin Sandys who had bin desired to make report of the whole pro-
ceedingℯ, tooke occasion to acquaint the Companie that the Com̃ittee
havinge receaued a newe Proposic̃on from the Lo: Treasuror for the
bringinge in of 60000 waight of Spanish Tobacco, or otherwise to
permitt 40000 waight to be brought in by some other, they had
opposed it with the eight reasons wch were read against it, but there
appearinge vnto them a necessity of yealdinge therevnto or other-
wise [37] to breake the bargaine §in hand§ with the Kinge: The
Comittee laboured in this extreamity to qualifie the said Proposition
by restrayninge it to the three lymitac̃ons wch they had heard likewise
read: And lastly they thought fitt that forasmuch as this newe
Proposic̃on had appearance of damage and danger both to the Com-
panies and the Plantac̃ons they thought meete to lymitt the whole
Contract to three yeares in certaine, and afterwardℯ for fower yeares
more, yet so as the Companies §to§ be at liberty to dissolue this Con-
tract vpon a yeares warninge giuen, at the end either of the second
yeare, or any yeare after, wch lymitac̃on though it had not yet bin
imparted to my Lo: Treasuror, yet the party appointed to treat with
them herein, made no great doubt but that it might be graunted.
But touchinge the Patent of Garbellinge, wch the Com̃ittee desired to
be discharged of, The Lo: Treasuror said it was out of his power to
recall what his Matie had alreadie graunted vnder his great Seale to
certaine priuate gentlemen: wth whome notwithstandinge he made
no question they might compound vpon reasonable condic̃ons, or
otherwise they had liberty to stand vpon the alledged priuiledge of
their Patent and benifitt of the com̃on lawe (if they conceaued that
might help them) for his lp: herevpon verie noblie professed he did
vrge this present Contract no further, then as it might well stand
with the future good of §both§ the Plantations.
Whervpon the matter beinge taken into debate by the Companies,
Some conceaued, that as it would be greivous vnto the Aduenturers
with the safety of the Plantation, if the Planters vpon halfe proffittℯ
be forced to paye also a third part of their Tobacco to the Kinge: But
it was answeared by reason they were to paye the Kinge in the Specie
of Tobacco and not in money and for all other duties to paye only the
mediũ of the Custome (if they might therewithall be discharged of
the matter of Garbellinge) it was verie probable (the buissines beinge
duly managed) they should not be in worse case then they were
before: Wherevpon some moued that the contract with his Matie
might be condic̃onall with proffer of a fourth part for the present vntill
they might be eased of their Couenant for bringinge in Spanish
Tobacco and also quitt of the said Patent of Garbellinge: And others
moued that a Clause in this Contract might be inserted to free them
from it, but it was answeared that a Precedent Patent could not be
infringed by any after Graunt nor was it held fitt so much as to ques-
tion the p̢uiledge of their owne Patent wch was sufficient against it.
After wch debate with some other allegac̃ons tendinge to impugne the
said Contract, and the Lordℯ that were present desired that the buis-
sines might be proceeded within an orderly fashion, and brought one
waye or other to a certaine Conclusion and resoluc̃on; Sr Edwin
Sandys herevpon moued that for a more orderly proceedinge herein,
the whole bussines might be reduced to certaine heades, and that
each of those heades might be throughly debated of, and the Court to
passe their iudgement seuerally vpon each, and [38] finally in con-
clusion vpon the whole bargaine of the Contract: And he said that
he had obserued in the reasons and Allegac̃ons, wch had bin hetherto
made, that some of them did directly impugne the Contract or some
branch thereof, and some other did moue questions onely of certaine
difficulties that seemed to depend vpon the orderinge and managinge
of this buissines, wch difficulties seemed not to be of that importance
as to disharten men from it if the Contract it selfe were asented
vnto: And therefore to proceed with the Contract it selfe, he first
acquainted the Companie that this matter of contractinge for the
sole Importation of Tobacco ∥had∥ moued originally from an offer
made for the same, by the then Gouernor and Deputy of the Com-
for this Company as was openly deliuered at the Counsell Bourd in
presence of himselfe and many others of the Companie nowe in Court
Wherevpon it was conceaued by reason of the quality of the persons
the offer had moued from the two Companies; wch at the same time
was absolutely denied and disavowed by the Members of both Com-
panies then attendinge their ɫps. But the first mouer of this Contract
for the sole Importac̃on cominge to no higher an offer then of 10000li
Rent by the yeare, It was vndertaken by others, namely Sr Thomas
Roe and his Associatℯ at a much greater rent, who for the raisinge
thereof, besides their Patent of Contract for sole Importac̃on procured
also a Proclamation from his Matie, straightly inhibitinge all others to
bringe in any Tobacco into this Realme without the Patentees license,
wch was the cause of the Companies then attendinge their ɫps. Where-
vpon a graceous Referrence from his Matie they obtained liberty not-
withstanding the said Proclamation to bringe in 55000 wtt from the
two plantations whereof the Companie for Virginia did bestowe their
whole part vpon the other Companie, Sr Thomas Roes yeare beinge
ended, the same Contract hath bin vndertaken this yeare by mr Iacobe,
though not at the same rent who contrariwise hath procured (as he
hath bin informed,) a com̃aundment to the Companie to bringe in all
their Tobacco, wch it seemed was to the no greater content of the Com-
panies, then the first restrainte from bringinge in any at all without
lycense: These troubles as they all knewe had befalne the Company
by reason of those Contractℯ for sole Importac̃on, and that not longe
after in thankefullnes to his Matie for prohibitinge the plantinge of
Tobacco in this Realme (wch was donne without any suite from the
Companies) The Companie of Virginia had yealded for 5 yeares to
double their custome.
But the Lord Treasuror herevpon obseruinge what greiuous molesta-
c̃ons the Companies haue sustained from time to time in their pro-
ceedings by reason the said Contract was managed by others, did
therefore nowe make offer thereof, to the Companies, that if they so
liked, and should finde it to be for the good of their said Companies
and the Plantations they might nowe contract with his Matie for the
be considered whither they thinke it more fitt for them then any other
to entertaine this Contract with his Matie wch he said was the first
pointe to be resolued on in this bussines.
After longe pause and much dispute, it was desired at length it might
be put to the question wch was proposed in this manner. [39]
Whither the Companies of Virginia and Sum̃er Ilands thought fitt to
entertaine this contract with his Matie for the sole Importac̃on of
Tobacco vpon such condic̃ons as should be agreed on or suffer the
same to be entertayned againe by some other: Herevnto the Court
generally signified their wilingnes and consent to entertaine the said
Bargaine.
The second question proposed by Sr Edwin Sandys to be considered
of, was at what rate this Contract should be concluded vpon, there
hauing bin a fourth part of the Tobacco offered to his Matie wch would
not be accepted.
In declarac̃on whereof Sr Edwin Sandys further signified, that my
lo: Treasurors speach was that seeinge his Matie proffitt was to be
raised onely by Sale of Tobacco and not in certainty of money, he was
so to prouide, That the Kinge his Mr were noe looser by this bargaine:
to prevent wch hee hauinge duely calculated the medium of Tobacco
that haue bin brought in the last seauen yeares and considered of all
circumstances incident herevnto, he said he could demaund no lesse
then a Third part of the Tobacco for his Matie.
Sr Edwin Sandys further signified that the Comittee entringe into
considerac̃on of this pointe founde by the ratℯ that the Tobacco is nowe
sold at that they paid alreadie litle lesse then a Third parte, all chargℯ
considered. As for the custome insisted vpon for the Kinge, It was
presumed the price of Tobacco would heareby be so much aduanced
as would giue the Companie a convenient retribuc̃on.
The Com̃ittee further informed the Companie that my Lo: Treasuror
said that if the Companie shall at any time desire to transporte the
it shalbe free alwayes from Custome.
It was further intimated, that it was intended that the Kingℯ part of
the Tobacco and the Companies shalbe sold together and not deuided
till the moneys therevpon be raised.
As for the intricacy wch was supposed would happen in the sale thereof,
in reguard of the different goodnes of the Tobacco (whereby it was
conceaued men would be the more willinge careles in the makinge
and curinge thereof, if once they vnderstand it shalbe sold confusedly
together) Answeare was made it should be sorted and valued accord-
inge to the goodnes: Wherevpon it being agreed to put it to the
question whither the Companies did not thinke it better to contract
for the sole Importac̃on and sale of Tobacco and yeald a full third part
thereof to the Kinge ouer and aboue their partℯ of auncient custome
rather then breake the bargaine with his Matie The whole Court did
generally agree to giue a Third. [40]
The third question offered to their considerac̃on by Sr Edwin Sandys
was touchinge the newe Proposition of bringinge in a quantitie of
Spanish Tobacco, against wch Sr Edwin Sandys signified the eight
reasons lately read were opposed beinge conceaued it would in effect
cleare crosse the two mayne endes proposed to this Contract namely
his Mats proffitt and the benifitt of the Plantations But his Iop return-
inge answeare that this was a matter of so great importance and con-
sequence as could not be dispenced with, The Comittees herevpon did
endeauor to qualifie it with such limitac̃ons as had bin before recited
from wch as they had bin also since informed his lp: did not dissent.
This pointe beinge a longe time debated by the Companie, a question
was moued whither in case the 40000 wtt proposed beinge transported
into any other forraigne partℯ and not into England would be allowed
the Kinge havinge his Third duely paid him.
It was conceaued it must first be imported otherwise it would not sat-
isfie, but yet if then it could not be here vented there was noe doubt,
but they might freely export it to the best Markettℯ, Some were also
Spanish Tobacco, in reguard so much the more of the Companies
Tobacco must be transported elswhere for want of Sale, At length
at the request of the Companie it was put to the question; namely
whither the Companies did not thinke it best for them to vndergoe
this condic̃on of bringinge in yearely 40000 wtt of Spanish Tobacco for
the two next yeares onely with those other qualificac̃ons, wch had bin
formerly read rather then to breake the Contract intended with the
Kinge: The Court did generally declare themselues willing to vnder-
take it: Prouided that casuality at Sea be excepted, and those other
condic̃ons graunted that haue bin alledged.
The next question offered by Sr Edwin Sandys to their considerac̃on,
touchinge the addic̃on of charges, namely the matter of Garbellinge
and fraight: Touchinge the first it was alledged by some of the Com-
panie, that it appeared the Companies had two stringℯ to their Bowe,
namely the benifitt of the com̃on Lawe, and the power of the Kings
Letters Patents formerly graunted to them.
It was also informed by other of the Company that this Patent of
Garbelling beinge questioned by the lower howse at the last meetinge
of Parliament was adiudged by all the Lawyers of that howse to be a
greiuance both in the Creation and (if euer it proceeded so farr) much
worse in the execuc̃on.
Wherevpon it beinge put to the question whither the Companies
thought it not fitt to proceed in this Contract and leaue the matter of
Garbelling in the State it is rather then otherwise to desist: The
Court generally agreed to leaue it so, and to insist vpon the validity
of their owne Patent and the benifitt of the com̃on lawe if need
be. [41]
The last question where it was alledged by Sr Edwin Sandys that the
Lo Treasuror consented that the Kinge should beare his Third parte
of all other charges after the arriuall of the Tobacco here, at wch time
his interest vnto that Third did begin, but not to looke backe to any
charges preceedent.
This pointe beinge throughly debated and with much opposic̃on, The
Companie at length desired it might be put to the question: wch was
proposed after this manner: Whither they thought it not better to
paye the whole fraight of the Tobacco, That is to Saye, aswell for the
Kings Third part as their owne, rather then to breake the bargaine
with his Matie: the Company by plurality of voices consented to paye
the whole fraight.
Sr Edwin Sandys likewise moued that for auoydinge difference or
questions that might arise on the Kingℯ part about the appointinge of
Officers and allowances for their Salaries and for other charges about
this buissines, that it might be added to the rest of the Articles, that
the Companie may haue power to choose their said Officers, and that
their Salaries and all other charges be rated and sett downe by them
in their generall Courtℯ and that vpon their Account the entire charges
be defalked and allowed.
These buissinesses beinge thus ordered the last thinge taken into con-
siderac̃on was the reducinge of the whole Contract by writinge into
Articles to be presented to the Lord Treasuror the next daye, wch
Articles beinge assented vnto by his lp: are to be offered to the iudge-
ment of the Quarter Court held on Wednesday next to be finally con-
cluded and confirmed.
Wherevpon the Court entreated Sr Edwin Sandys to take the paines
to drawe vp the said Articles, and beinge perfected the Court humbly
entreated the Ea: of Southampton together with Sr Edwin Sandys to
repaire to the Lord Treasuror some time to morrowe about the
premisses.
A moc̃on was made for diuers Patentℯ to be made readie against the
Quarter Court, for wch order was giuen for the drawinge of them:
And further ordered that the Patentℯ and some other buissinesses
should be read and ordered by the morningℯ Court that daye. [42]
| The records of the Virginia Company of London | |