University of Virginia Library

At a Quarter Court held for
Virginia on wedensday in the
afternoone the 30 Iuly i622

Present

           

the Right Honorable	Ea: of Deũon
Ea: of Southampton.
∥Ea: of Deuonshire.∥
Lo: Cauendish.
Lo: Padgett.
Lo: Maynard.

                                                       

Sr Edw: Sackuill.	mr Palmer.	mr Newport.
Sr Tho: Iermyn	mr Caswell.	mr Sparrowe.
Sr Edwin Sandis.	mr Ditchfeild.	mr Ley.
Sr Sam Sandis.	mr Bromefeild.	mr Peirs.
Sr Phil: Carey.	Capt: Iefford.	mr Bull.
Sr Io: Brooke.	mr Moorer.	mr Bayham.
Sr Io: Dãuers.	mr Nichollℯ.	mr Geo: Smith.
Sr Ro: Killigrewe.	mr Iefferies.	mr Bolton.
Sr Walter Earle.	mr Seaward.	mr Robertℯ.
Sr Tho: Weineman.	mr Boothby.	mr Wiseman.
mr Nich: ffarrar Dpt̃.	mr Cranmer.	mr ffelgate.
mr Gibbs.	mr Swinhowe.	mr Essington.
mr Edw: Iohnson.	mr Mellinge.	mr Bagwell.
∥mr Wilmer.∥	mr Meuerell.	mr Iacobson.
∥mr Brooke.∥	mr Kirby.	mr Leuer.
mr Earle.	mr Winch.	mr Harrison.
mr Tomlins.	mr Bennett.	mr Mole.
mr Wrote.	mr Collett.	mr Couell.
mr Io: Smith.	mr Berblocke.	mr Stephens.
mr Ro: Smith.	mr Withers.	mr Scott.
mr Io: ffarrar.	mr Hart.	mr Ruggles.
mr Dike.	mr Stephens.	with diuers others.
mr Bond.	mr Waterhowse.
mr Binge.	mr Barkham.
∥mr Palmer.∥	mr Wainewright.
mr Hackett.
mr Butler.
mr Penistone.

After the readinge of the Quarter Court in May last there was read
the Court of the 19th of Iune followinge beinge put of till this Court
to be read, wherein amonge other thingℯ of note were read diuers
petic̃ons that had bin preferred to his Matie against the Virginia
Companie, as namely that of Capt: Martin wherein he complayned
that the Virginia Company denyed him the fruic̃on of those priui-
ledges they had graunted vnto him in his Patent: Vnto wch complaint
[46] the Companie had formerly made their Answeare by writing:
The second petic̃on was by Capt: Martin and Capt: Hazell together,
who intituled his Matie to a large parte of Virginia contayninge 80
miles in circuite sett out by Sr Thomas Dale as the Kings fforrest

wherevnto the Company had also giuen their Answeare to Sr Christo:
Perkins (vnto whome his Matie had referred these petic̃ons) as like-
wise had answeared two other petic̃ons in the name of one Dixon
and Wm Kempe: Also another Petic̃on was exhibited by Captaine
Baylie in the name of Captaine Som̃ers wherein he had entituled the
Kinge to the Sumer Ilands and to 12000li of Ambergreece wherevnto
they had likewise made their Answeare, as may appeare by the said
Court.

After this vpon occasion of a petic̃on exhibited to the said Court by
Elizabeth Smalley Widdowe for deliuery of a fower oxen shee pre-
tendℯ vnto, in Virginia, There was related the proceedingℯ of the
said Widdowe Smalley against Captaine Argall and the cause of her
Retractac̃on of what shee had formerly complained of to the Kinge
in her petic̃on against him, confessinge freely that the said Capt
Argall caused that Retractac̃on to be made at the Dors Commons
refusinge to sett ouer her Husbands Executorshippe vnto her vntill
Shee had first sett her hand and Seale to that writinge: The matter
whereof (shee said) Shee did not well vnderstand; Contrariwise shee
iustified her former complaint made to the Kinge against Captaine
Argall, protestinge shee was by noe other meanes moued therevnto
but by the wrongℯ he had donn her and that the petic̃on was drawne
by a freind of hers at her request dwellinge in Tower streete.

Herevpon Sr Edwin Sandys tooke occasion to declare howe vnworth-
ily Captaine Argall had conceaued a suspic̃on against him as well
touching the said Widdowe Smalley (as if he had incited her to this
complaint against him,) as also touchinge some former proceedingℯ
held against the said Capt: Argall for depredac̃on of the Colony in
the time of his beinge Deputy Gouernor. Whereas Sr Edwin Sandys
declared that at the time of his cominge to be Treasuror he founde
the same complaintℯ made against Captaine Argall by Sr Tho: Smith
and Alderman Iohnson then Treasuror and Deputy as may appeare by
their Letters sent to the Lord De: Lawarr and Captaine Argall him-
selfe charging him perticularly with these thingℯ wch Letters were
read and entred in the said Court, whereby Sr Edwin Sandys said

when he came to be Treasurer he was ∥tyed∥ both by the Duty of his
place and vpon ∥by vpon∥ his oath to bringe those matters to some
heade wherewith Captaine Argall stood ∥stil∥ charged: In wch pro-
ceedingℯ he said he had donn nothinge but by the Counsellℯ direcc̃on
and aduise.

Hee further also signified that true it was that one thinge fell out in
his yeare of beinge Treasuror namely the sendinge out of Captaine
Argalls Shippe both victualled and manned from the Colony into the
West Indies whereof complaint beinge made from the Gouernor and
Counsell in Virginia as of an Act that might worke their vtter [47]
extirpac̃on, he could no lesse then giue notice thereof accordinge to
his oath to the Lords of his Mats Priuy Counsell, wherein he did
nothinge otherwise then by the direcc̃on of the Gouernor and Counsell
and with as much moderac̃on as the cause could possibly beare.

After wch declarac̃on it was generally pressed by the Company that
the Com̃ittees appointed to call Capt: Argall to Account for the great
losses wch both the Companie and Colony had sustained (seeinge they
had as yet donn nothinge therein,) they would nowe proceed in that
buissines with all expidic̃on and dilligence that vpon their report
some further course may be taken therein at the next Quarter Court.
After this narrac̃on two other Courtℯ were read the one of the fift of
Iune, the other of the first of Iuly followinge beinge the Præparatiue
Court, both wch contained a full declarac̃on of the proceedingℯ of the
Com̃ittees chosen out of the Virginia and the Sum̃er llands Company
touchinge the Contract to be made with his Matie by the said Com-
panies for the sole Importac̃on of Tobacco nowe offered vnto them by
the Lord High Treasuror of England, concerninge wch the said
Com̃ittees havinge consulted longe abourt it, after mature deliberac̃on
had therevpon, offered vnto the considerac̃on of the Lord Treasuror
certaine Propositions wch are entred verbatim in the said Court In
Answeare wherevnto his lp: deliuered three exceptions vnto wch the
Com̃ittees had also made replie with an addic̃on of certaine Clauses
agreed vnto to be inserted in the Contract, havinge bin om̃itted in the
first Propositions: After this a newe Proposition came from his lp:

concerninge the bringinge in of §60000: wtt of§ Spanish Tobacco or
otherwise to p̱mitt 40000 waight to be brought in by some other: wch
Proposic̃on for somuch as it seemed to repugne the mayne endes of
their first intenc̃on they opposed it with eight reasons: Howbeit it
beinge afterward made knowne vnto the said Com̃ittees that the bring-
inge in of Spanish Tobacco for a certaine time, was of that importance
as might not be om̃itted The Com̃ittee therevpon applied their
endeauors to the best of their vnderstandingℯ to sett downe some
meanes of qualificac̃on of the said newe Proposition so as it might be
least preiudiciall to the Plantations: Wherevpon they thought fitt to
restraine it to three lymitac̃ons namely that the Couenant of bring-
inge in Spanish Tobacco might be lymited to two yeares and no longer,
Secondly that they would be bounde to bringe in no more then 40000wtt
of Spanish Tobacco:

Thirdly that it be with this Prouiso that the Spanyards raise not the
prices nor the custome, nor laye other burdens vpon it, and that the
markettℯ in Spayne be open and free as formerly they haue bin.

And in reguard of the appearance of Damadge and danger that might
ensue to the Plantations by this newe Proposition the Com̃ittees thought
fitt likewise, that the whole Contract should be extended, but to three
yeares in certaine, and afterward for fower yeares more, Yet so, as the
Companies to be at liberty to dissolue the Contract vpon a yeares
warninge giuen at the end of the second yeare or any yeare after, All
wch proceedings are at large related in the said Court of the 29th of
Iune last. [48]

It was also signified that this buissines was againe propunded and
debated in the Præparatiue Court, and after all reasons fully heard
and discussed each of the former Propositions was againe seuerally
put to the question and by a generall consent of that Court approued
as may appeare; At wch time the Court entreated Sr Edwin Sandys to
reduce the whole Contract by writinge into Articles and to offer the
same to my Lo: Treasuror, wch beinge assented vnto might afterward
be referred to the iudgement of this great and generall Quarter Court
to be finally concluded and confirmed.

Herevpon Sr Edwin Sandys tooke occasion to signifie that accordinge
to the request of the former Court, he had drawne vp the said Articles,
and after he had donne, not trustinge to his owne iudgement therein
had imparted them to the Deputies of both the Companies, whoe
approvinge thereof, he after deliuered them to the Lord Treasuror
who havinge pervsed them tooke fower exceptions against them, the
first was to these words of the fourth Article namely against the offer
of a Third part of the Tobacco imported and vented whereas his lp:
required a Third of all the Tobacco, ∥brought out of Virginia∥ And
said further that his Mats right and propriety to a Third did growe
vpon the first arriuall of the Tobacco here the second exception
was vnto the shortnes of the time lymited ∥for the bringing in of
Spanish Tobacco∥ beinge but for two yeares only wch his lp: thought
too litle and therefore desired it might be enlarged to three yeares at
least The Third exception was to the restrayninge of the Contract
from seauen yeares to three yeares in certaine: The 4th exception
was against the medium of the Custome of Ireland wch could not be
graunted because the medium thereof was not as yet certainely
knowne: Lastly his lp: aduised the Companie not to stand vpon their
priuiledge against the Patent of Garbellinge, but to compound with
the Patentees whome his lp: presumed they should finde verie rea-
sonable.

But Sr Edwin Sandys signified that the Lord Treasuror had since sent
a more fauourable Answeare vnto the Companie touching the same
exceptions, for being informed that the Tobacco in Virginia had three
seuerall proprietors, as first the Tobacco belonginge to the Companie,
Secondly the Tobacco belonginge to perticular Societies and Planta-
c̃ons, Thirdly the Tobacco belonginge to priuate men, (acquired either
by purchase or by their p̱sonall Aduenture) the Companie ouer the
two later sortℯ had no power to prohibite or authority to com̃and them
to bringe their Tobacco hither, but were free and at liberty by their
lawes and grauntℯ to carry their Com̃odities to what markettℯ they
please. Wherevpon Sr Edwin Sandys said that the Lord Treasuror
desisted from this first Proposition, and did nowe require no more
Tobacco to be brought in, then the Companies shall thinke fitt: but

of that wch shalbe brought in the required a Third for the Kinge, and
further desired that the worde Vented might be lefte out of that
clause: Secondly whereas his lp: desired the two yeares of bringinge
in Spanish Tobacco might be enlarged to three yeares: His lp: was
contented, it should passe for two yeares onely if the Company stooke
much at it; But desired that a Com̃ittee might be appointed [49] to
consider what sortℯ of Spanish Tobacco should be brought in: Thirdly
whereas it was desired the Contract might continue for seauen yeares
in certen, his lp: was pleased to put it to the Companies choise, either
to hold this farme for seauen yeares or otherwise that it might be free
aswell for his Matie as for the Companie to dissolue the bargaine at
the three yeares end:

Touchinge the fourth exception against the medium of the Irish Cus-
tome, it was conceaued, the reason formerly alledged would giue the
Companie satisfacc̃on.

After this the Court entred into a serious considerac̃on and examina-
c̃on of the premisses and havinge duely pondered all the reasons and
circumstances that were both nowe and formerly deliuered and fully
debated vpon, did at length desire that they might seuerally be put to
the question wch accordingly was donn after this manner vizt.

ffirst whither the Companie did thinke fitt to yeald to the Lord Treas-
urors Proposition by grauntinge a Third part of all the Tobacco they
should thinke fitt to bringe in and to leaue out the word vented The
Court generally agreed to yeald a Third and ∥to∥ leaue out the word
vented as the Lord Treasuror desired.

Secondly it beinge put to the question whither the Companie would
enlarge the two yeares to Three for bringinge in of Spanish Tobacco
according to the Lord Treasurors Proposition, The Court by no
meanes would yeald therevnto, but generally insisted vpon 2 yeares
and no longer.

Thirdly it was put to the question whither the Companie would ap-
point a Com̃ittee to consider what sortℯ of Spanish Tobacco should
be imported accordinge to the Lo: Treasurors desire; the Court
generally agreed therevnto.

ffourthly whereas the bringinge in of Spanish Tobacco is vpon con-
dic̃on that the Spanyards enhaunce not the price thereof vpon the
Grant of the Contract (knowinge the certaine quantitie that must be
brought in by the Companies), My Lord Treasuror desired it might be
so farr explained and intended that the Spanyards do not herevpon
purposely and by practise endeauor to enhaunce the price of their
Tobacco, wch explanac̃on the Court agreed should be made of the
wordes touchinge that Clause.

ffiftly it was put to the question whither the Companie would be tyed
in this Contract for seauen yeares ∥or only three yeares∥ in certen,
and then his Matie aswell as themselues to be at liberty to dissolue
the Contract: This point was much disputed ∥vpon∥ some desiringe
it might hold but 3 yeares in hope of a better bargaine at the three
yeares end & the rather because the time of the 6d a pound imposic̃on
vpon their Tobacco, would then be expired, but others feared a much
harder bargaine might then be put vpon them: Wherevpon after all
reasons were discussed, beinge put to the question, it was by plurality
of voices agreed, that the Contract should hold for seauen yeares. [50]

Sixtly it beinge put to the question whither the clause for the medium
of the Irish Custome should be strooke out seinge it could not but be
estimated what it might come vnto beinge a Custome newly estab-
lished The Court did generally agree to haue it strooke out.

Seauenthly touchinge the Patent of garbellinge, the Court haue
agreed it shall not be so much as named in this Contract but they
would stand to the Tryall of lawe for their right.

Eightly whereas in the fourth Article instead of the word vented they
had put in Landed but did not knowe as yet whither my Lord Treas-
uror would assent therevnto (but the Com̃ittee hoped and promised
they would do their best to perswade his lp: to admitt it) It was put
to the question whither in case the Lord Treasuror should not allowe
thereof the Companie did thinke it fitt to breake this intended bar-
gaine with the Kinge, Herevpon the Court resolued generally that the
putting out of that word Landed should not breake the bargaine with
his Matie.

All exceptions beinge thus cleared the Propositions were againe read
all ouer, and the alterac̃ons also that had bin made therevpon wch
beinge donne, the Ea: of Southampton praid the Companie duely to
consider of them and not to spare in so waightie a buissines as this
was that so nearely concerned them all to giue their best aduise and
Counsell therein, it beinge free for any man to speake his minde
with it or against it as his owne hart or reason should perswade him.

After a longe pause for somuch as it appeared no more could be said
then had bin formerly deliuered, My Lo: at length at the request
of the Court put the Propositions to the question, whither they did
agree and fully consent that this Contract should goe forward to be
made with the Kinge for the sole importac̃on of Tobacco vpon such
condic̃ons as had bin formerly proposed; The whole Court with one
vnanimous consent signified their approbac̃on of it, ratifyinge and
confirminge the said Bargaine, by a generall erecc̃on of handℯ with-
out contradicc̃on saue onely one hand held vp against it.

These thingℯ ordered by the morningℯ Court were nowe againe read
and confirmed as namely the Receipt ordered to be Sealed for 47li 16s
wch the Gentlemen and Marriners of the Hart hath giuen to the East
India Companie to be imployed in layinge the foundac̃on of a Church:
It being signified that those of the Rubucke also had giuen a Sume of
money in that kinde.

These followinge were likewise ∥then∥ made free of this Companie
Capt: Martin Prinn Captaine of the Royall Iames who had likewise
two shares of land confirmed vnto him.

Mr Thomas Kirridge Comaunder of the East India ffleet that came
last home who had also two shares of land giuen him. [51]

3 mr Robert Carles who had liued 20 yeares in the West Indies and
i6 yeares in the East Indies beinge but newly arriued out of his good
affecc̃on to the Plantation havinge in writinge sett downe the orde-
ringe curinge and plantinge of Rice, Cotten Woole, Indico, Sugar
Canes Cr was made a ffreman and had one share of land confirmed
vnto him.

• Mr Swann Mr of the Hart, was likewise made a ffreeman and had one
  Share of land giuen him.
• Mr Browne Mr of the Robucke had the like fauor donn him.

• There were then also made free these persons followinge vizt
• Mr Samuell Seaward of Oxford Bachelor of Diuinity.
• Mr Launce Minister.
• Mr Pemberton Minister (who intendℯ to goe to Virginia).

• There were also made free and of the Counsell
• The Lo: Marquesse Hamilton.
• Sr Edw: Barkham knight Lo: Mayor of the Citty.
• mr Heneage ffinch Recorder.
• Dor Duñ Deane of Paules
• Sr Edward Conway knight one of his maiesties most Honoble Priuy
  Counsell.
• Sr Hen: Mildmay Knight Mr of the Iewell howse.
• Sr Thomas Couentrie Knight his Mats Atturny generall.

Mrs Mary Tues assignement of 150 acres personall Shares (bequeathed
vnto her by Leiutenant Crouch) lyinge at Newports News wch Shee
nowe passed ouer vnto mr Daniell Gookin was confirmed.

Also 100 acres lyinge in Diggs Hundred wch Shee passed ouer to Sam:
Iordan was confirmed.

The Shares likewise passed in the morningℯ Court were nowe againe
read and confirmed.

∥The∥ Patentℯ also wch were then read and compared, were nowe put
to the question and confirmed (vizt:)

Patentℯ to

                     

The Lady Berkely
mr Tho: Addison
mr Ed: Iohnson	All wch both Aduenturers and Planters haue vnder- taken with their Asso- ciatℯ to transport great multitudℯ of people to Virginia.
mr Ed: Palmer
mr Wm ffelgate
mr ffr: Peake
mr Io: Haruy
mr Wm Pemberton
mr Wm Rously
mr Dan: Tucker Gookin
mr Hillary	[52]

The Graunt of 18 shares to Captaine Daniell Tucker (whereof three
be paide in readie money after 12li 10s p̱ share, and the other 15 being
giuen him for his good seruice) was nowe confirmed.

Also a graunt of two shares of land vnto mr Iohn Clarke formerly
giuen him and ordered to be confirmed to him vnder the Companies
Seale were nowe accordingly ratified.

Are earnestly entreated by the Court to haue conference with the Lord
Mayor and Aldermen of the Citty about the Children that are to be
sent to the two Plantations and are to conclude and make the best
bargaine they can for the Companie concerning them.

It is likewise ordered that six of the said younge men shalbe sent to mr
Pountice this yeare to be placed vpon the land belonging to his office
as Viceadmirall and others ∥six∥ the next yeare.

The Com̃ittee appointed for the Colledge for this present yeare ar these
ensuinge (vizt)

The report of the Com̃ittee touchinge mr Coplandℯ placinge and enter-
tainement in Virginia was nowe read, they hauinge thought fitt he be
made Rector of the intended Colledge there for the conuersion of the
Infidellℯ and to haue the Pastorall charge of the Colledge Tenantℯ
about him and in reguard of his Rectorshippe to haue the Tenth part
of the proffittℯ due to the Colledge out of their landℯ and arising from
the labor of their Tenantℯ, and in respect of his Pastorall charge to
haue a Parsonage there erected accordinge to the generall order for
personages wch this Court hath well approued of and haue likewise
admitted him to be one of the Counsell of State in Virginia.

Thomas Read passed ouer (vnder his hand and Seale) 100 acres of
land in Virginia scituate in Coxendale ouer against the Iland of Hen-
ricus Some part thereof beinge called by the name of Mount my Lady
vnto [53] Edward Hurd of London Cittizen and Iron monger wch 100
acres was graunted vnto him by Sr Geo: Yeardley then Gouernor of
Virginia vnder the Collonies Seale in reward of his 8 years good
seruice in that Country: Wherevpon the said Assignemt beinge put to
the question was allowed and confirmed to the said Edward Hurd.