 | The records of the Virginia Company of London |  |
An Extraordinary Court held for
Virginia on Wedensday in the
afternoone the 27th of Nouember i622
beinge the Sumer Ilandeℯ Quarter Court
| ye Right honble∥ | Ea: of Southampton. | |
| Lo: Cauendish. | ||
| Lo: Padgett. | ||
| Lo: Maynard. | ||
| Sr Edw: Sackuill. | mr Barbor. | mr Couell. |
| Sr Edwin Sandys. | mr Caswell. | mr Kirby. |
| Sr Iohn Dauers. | mr Bennett. | mr Ed: Waterhowse. |
| Sr Hen Mildmay. | mr Wiseman. | mr Seaward |
| Sr Io: Brooke. | mr Mellinge. | mr Binge. |
| Sr Ro: Killigrue. | mr Swinhowe. | mr Procter. |
| mr Deputy. | mr Meuerell. | mr ffreake. |
| mr Gibbs. | mr Winne. | mr Buckeridge. |
| mr Bromefeild. | mr Widdowes. | mr Lake. |
| mr Steward. | mr Baynham. | mr Hackett. |
| mr Wilmer. | mr Phesie. | mr Paulson. |
| Capt: Bargraue. | mr Viner. | mr Birkett. |
| Capt: Brewster. | mr Truloue. | mr Hobbs. |
| mr Io: Smith. | mr Scott. | mr Edwardeℯ. |
| mr Zouch. | mr Waterhowse. | mr Bland. |
| mr Roberteℯ. | mr Gold. | mr Ditchfeild. |
| mr Tomlins. | mr Coxe. | mr Rogers. |
| mr Io: ffarrar. | mr Delbridge. | mr Stone. |
| mr Mole. | mr Elkington. | mr Harrison. |
| mr Whitly. | mr Ley. | mr Woode. |
| mr Sparrowe. | mr Lilly. | |
| mr Barker. | ||
| mr Rossingham. | ||
| mr Lambe. | ||
| mr Taylor. | ||
| mr ffelgate. | ||
| mr Leuer. | ||
| mr Webbe. | ||
| mr Roberteℯ. | ||
| mr Woodall. | ||
| mr Baldwin. | ||
| mr Browne. | ||
| mr Cuffe. | ||
| with diuers others. [94] |
This day was held the Quarter Court for the Sum̃er who beinge come
to the great buissines of the Contract, it was moued by the Lo: Cau-
endish that the propoundinge debatinge and passinge of all those
thingeℯ concerninge the matter reserued for that daye might be first
ordered and p̱formed in a Virginia Court wch was thought verie fitt
and therevpon the Ea: of Southampton tooke the chaire, and because
it was somewhat late, he put the continuance of the Court after 6: of
the Clocke to the question wch was by erecc̃on of handeℯ ratified.
His lp: then signified vnto them, that accordinge to the request of the
Quarter Court himselfe and Sr Edwin Sandys had obtayned of the
Lord Treasuror a qualificac̃on of the 8: Proposition; wch was the onely
thinge left vnconcluded by the Virginia Companie, wch qualificac̃on
havinge bin presented to the Præparatiue Court for the Sum̃er Ilands
and approued by them and likewise well approued of by the Virginia
Court held the same daye; he had caused the Propositions agreed
vpon to be presented to the Lord Treasuror, who had signed them
of alterac̃on in any thinge from that wch the Court desired onely hau-
inge strooke out certen wordeℯ in the seauẽth ∥Article∥ for some rea-
sons as his lp: by his letter signified no waye importinge the Comp-
anie nor the Contract, wch wordeℯ the Court adiudginge not to be
materiall nor of moment thought fitt therein to giue the Lord Treas-
uror satisfacc̃on and the rather because the Lord Treasuror (as the
Ea: of Southampton shewed them) had so willingly let the worde
(Receaued) stand, wch the Companie had enterlyned after the worde
(profitt) in the sixt Article for the better clearinge of the doubt they
then made about it.
Herevpon after some pause, the Court seeminge all well satisfied and
contented and no obiecc̃on or scruple beinge made by any, the Ea: of
Southampton said, that if they so desired, he would put both the eight
Proposition as it was qualified and the whole Bargaine to the question
wch the Court generally desired, and therevpon his lp: puttinge both
to the question, the eight Article (as it was qualified) and the whole
bargaine the same was ratified and confirmed with an vnanimous con-
sent by a generall erecc̃on of handeℯ no one dissentinge.
This beinge donne ∥passed∥ the Ea: of Southampton said that since
they had nowe concluded the Contract they were to take order for the
good execuc̃on and performance thereof by the choise of able and
faithfull Officers to manage the buissines with Salaries proporc̃onable
in some measure for their paines ∥and∥ by setlinge the whole buissines
in a good course and frame, especially the bringinge in of the Span-
ish Tobacco a pointe of great importance, and wch might not be delayed,
nor could be concluded vpon, except on this daye wch was the Quarter
Court for the Sum̃er Ilandeℯ and had also the power of the Quarter
Court for Virginia, Concerninge these thingeℯ, his lp: said, that himselfe
together with the Lordeℯ then present, and the Counsell beinge assisted
by the Com̃ittee had spent all Tuseday both forenoone and afternoone
in consultac̃on and considerac̃on of these pointeℯ and their iudgmenteℯ
and opinions herein he would [95] nowe deliuer vnto the Court
desiringe them likewise freely to deliuer their iudgementeℯ and opin-
propound vnto them, wch he said himselfe the Counsell and Com̃ittees
had taken into their considerac̃ons not with intent to conclude any-
thinge nor to preiudice the Courteℯ, but ∥only∥ the better to prepare
the buissinesses for them esteeminge themselues as his lp: said as
Servanteℯ of the Court.
ffor the first therefore his lp: said, that accordingly as was propounded
formerly and in the Præparatiue Court, they conceaued there was to
be one principall Officers by the name of a Director vpon whome the
whole successe of the buissines almost depended.
Next vnto him was to be the Deputy, for without one it was impos-
sible that the Director should be able to vndergoe all those buissi-
nesses, that should be requisite to this ∥wch∥ office they conceaued there
did belonge an extraordinary deale of paines and noe smale sufficiency.
The third officer was the Treasuror for keepinge of the Cash, then they
conceaued it necessarie to haue at the least eight Com̃ittees for the
sellinge and disposinge of their Tobaccoes, and for the assistinge of
the Director with their Counselleℯ and helpes in the seuerall parteℯ and
Acc̃ons of the buissines, wch were verie many and exceedinge waightie
and important.
Next a Bookeeper for keepinge of Accounteℯ a man of Skill and in-
dustrie.
They conceaued it likewise necessarie that there should be two Cash-
eires whereof one to be a verie sufficient and substantiall man, who
was to be continually resident in the Treasurie, the other a person of
fidelity for the receauinge and gatheringe in of moneyes here in Towne
or otherwise.
ffurther they conceaued ∥thought∥ it necessarie to haue a Clarke at all
times to attend the Com̃ittees and to be continually at the Directors
hand, who should haue howerly vse of such a one, wherefore they
thought fitt, he should be the Directors howshold Servant.
They conceaued it likewise most necessary to allowe the Deputy a
Clarke to whose place there would belonge an exceedinge great deale
of writinge.
It was also conceaued fitt to haue a Solicitor for followinge of Suiteℯ of
lawe many whereof were like to arise.
ffor takinge vp and receauinge of goodes, there was likewise to be a
Husband to whome (with the allowance of one vnder him) the Cus-
todie of the Warehowse should be com̃itted.
It was thought also most necessarie to haue a Beadle.
Other inferior Officers, his lp: said the Comittee thought not fitt to
meddle with, but (beinge thingeℯ of smale moment) to leaue the con-
siderac̃on of them to the Director and Com̃ittees and the choise of
them to ordinary Courteℯ. [96]
And for the meetinge of all these Officers and p̱sons p̱formance of
their seuerall places and Offices, his lp: said it was thought absolute
necessary that the Companie should take a howse.
These his lp: said were the Offices wch the Councell and Comittees
thought necessary for the p̱forminge and executinge of this buissines
and of whome they conceaued it necessarie to make a choise at this
Court, desiringe the Courteℯ iudgement and opinion therein and withall
acquaint them, that although the places of Deputy and Treasuror were
two distinct Offices in themselues and would require therefore two
persons, yet after a serious considerac̃on thereabout (desirous to hus-
band the expences to the best this yeare) they conceaued it best,
(accordinge to the resoluc̃on of the Præparatiue Court) to ioyne them
both in one.
The Court after some pause and deliberac̃on seeme verie well to like
and approue of the thingeℯ wch his lp: had propounded without excep-
tion or alterac̃on of any thinge.
Wherevpon his lp: seeinge them satisfied in these thingeℯ said he
would proceed and declare vnto them what Sallaries and rewardeℯ were
thinge proporc̃onable vnto the paines and charge that the Officers
before menc̃oned were to take.
| He said that first they conceaued the Director would deserue verie well this yeare |
500li — — |
| The Treasuror who is to supplie the place of Deputy for this yeare yeare |
400li — — |
| The eight Com̃ittees 5011 a peece | 400li |
| The bookep̱ | 80li[39] |
| The Clarke for the Com̃ittees | 30li |
| To two Casheers and Clarke for the Deputy | 150li |
| Solicitor | 30li |
| The Warehowskeeper who also might be the Husband for the Companies, and in reguard of this addic̃on of wages should abate 20li of that Salary he had from them, his paines in those places not beinge so great as it was wont to be |
60li |
| The Beadle | 30 |
| The inferior Officers | 140li |
| ffor a howse and Warehowses | 180 |
| So that the charge of the howse and Officers amounts to | 2000 |
[97] wch his lp: said in their opinions was to be raised vpon the
Tobacco And further conceaued it fitt there should be 500li more
for ∥all∥ other extraordinary occasion wch might arise, wch if it were
not by consent and order of the Courteℯ expended for the advantage
and improuement of the price of Tobacco should be repaid againe to
euery man proporconably:
His lp: said likewise that in raisinge of the charge it was conceaued
fitt by the Counsell and Com̃ittees and agreed vnto by diuers (who
beare a double rate in charges to that of the Virginia and Sum̃er
Ilandeℯ, wch would be an extraordinary great ease and advantage vnto
the Plantac̃ons So that howsoeuer this Som̃e might seeme great of
2500li wch was to be gathered, yet consideringe that 500li was not to be
expended, except for the aduantage of the Companie and of that of
the 2,000li remayning his Matie beare one Third, and the Spanish
Tobacco a proporc̃on double to the rest, they conceaued it to be noe
great burden: but such as in the aduancement of the price, by their
care and paines would be manifoldly repaid, As for the paines care
and charge of the Officers himself and all the rest of the Counsell
conceaued it would be farr aboue their Salaries and rewardeℯ.
The Ea: of Southampton hauinge thus deliuered the matter, there
was a generall silence in the Court: Wherevpon after a longe pause,
his lp: desired the Court, that they would freely speake their mindeℯ
concerninge these thingeℯ an declare what and howe they would haue
them donn, sayinge againe that himselfe and the Comittees had not
consulted and aduised of these thingeℯ to conclude or determine any-
thinge, but onely as their Servanteℯ to prepare them to their consider-
ac̃on, in whome only was the power and authority to determine and
conclude matters: he therefore earnestly desired them without any
respect of himselfe or the rest (from whome these proposic̃ons came)
to declare their mindeℯ freely concerninge the pointe of the Salaries.
Herevpon mr Robert Smith the Vndercham̃berlen said he thought
there were diuers gentlemen and other sufficient men that for con-
science sake would doe the buissines for farr lesser rewardeℯ.
To wch Sr Edward Sackuill made Answeare, that for his part he did
thinke men bound in conscience to giue them whome they did imploye
some reasonable satisfacc̃on for their labor and paines, And that he
would neuer wish that these kinde of buissinesses wch concerned
mens proffitt should be donn without reward somethinge answeare-
able havinge found by experience that some that had for conscience
sake serued this Companie had for conscience sake vndonn it. [98]
The Ea: of Southampton said that mr Robert Smith was a verie hon-
est man, and he thanked him for speakinge his minde freely desiringe
others would doe the like.
Mr Deputy said that although he might be thought interessed or par-
tiall to those two p̱sons vnto §vpon§ whome the two great Salaries
wch onely could be excepted against were like to fall, yet havinge
a single heart free from all priuate endeℯ, he durst affirme that the
rewardeℯ were so farr short of the paines care and travell and charge
that they should vndergoe that but for conscience sake and the good
of ye Plantations neither would he p̱swade nor he was assured would
they accept of the Offices: But mr Barker said that havinge followed
these Courteℯ many yeares he had neuer heard of so great Salaries, as
5 and 400li for an Office, but had heard of 500li and 1000li wantinge in
some Accounteℯ by them who did buissinesses for nothinge.
Mr Ditchfeild said that this was like to be a hard yeare and of the
least proffitt, and because perhapps there would not be so great a
quantity of Tobacco brought in, there would be ∥require the∥ lesse
trouble and paines, and therefore he wished that the Salaries might
be easier.
To wch the Ea: of Southampton made Answeare that for the first part
he was of his opinion that it would be a yeare of the least benifitt, but
for the second part, he thought cleane contrary that the trouble of
this yeare would be farr more then any of the succeedinge, in reguard
of the great difficulties that are in the setlinge of newe buissinesses
more then in prosecutinge of them, when they are once ordered and
setled in good frame and course.
After this no man makinge further obiecc̃on and many approuinge
and well likinge the proporc̃on of Salaries and desiringe his lp: to put
them to the question, his lp: said he would once againe read them
vnto, wch beinge ∥hauing∥ donn and no man makinge any obiecc̃on
after a good pause his lp: put all those thingeℯ formerly proposed con-
cerninge the Officers and Salaries to the question: All wch were by
erecc̃on of handeℯ approued of and confirmed.
This beinge ended the Ea: of Southampton desired them to nominate
whome they would haue to be their Director and Treasuror (wch were
to be ballated) the rest were thought fitt should be chosen by erecc̃on
of handℯ.
Wherevpon for Director was nominated Sr Edwin Sandys and for
Treasuror and Deputy mr Iohn ffarrar, and no other beinge named Sr
Edwin Sandys was first put to the ballatinge Box and was chosen by
65 ballℯ and had only fiue ballℯ against him. [99]
Afterward mr Iohn ffarrar beinge put to the Ballatinge Boxe for
Treasuror and Deputy, was chosen by 68: ballℯ havinge only two Ballℯ
against him.
After this the Court named for Com̃ittees.
| mr Bennett. | mr Ditchfeild. |
| mr Barbor. | mr Bland. |
| mr Caswell. | mr Wiseman. |
| mr Wheatly. | mr Meuerell. |
| mr Gifford. | mr Edwardℯ. |
| mr Withers. | mr Couell. |
| mr Mellinge. | mr ffelgate. |
| mr Geo: Smith. | mr Bull. |
of handℯ were chosen
| mr Bennett. |
| mr Barbor. |
| mr Caswell. |
| mr Wheatley. |
| mr Gifford. |
| mr Withers. |
| mr Mellinge. |
| mr Geo: Smith. |
Vnto wch Com̃ittee for their better assistance by reason many waightie
occurrances would happen of higher nature then proffitt, his lp signi-
held it likewise fitt there should be an addic̃on of eight or ten more
without Salaries as Com̃ittees extraordinary to be chosen out of the
Counsell, Notwithstandinge it was propounded ∥prouided∥ and ordered
that the Director and the rest of ye Com̃ittees both ordinary and extra-
ordinary shall not haue any concludinge power in any matter of waight
touchinge this buissines without the opinion and assent of the two
Companies in their seuerall Courtℯ who are to be made acquainted
from time to time with their proceedingℯ: Wherevpon for Com̃ittees
∥extraordinary∥ the Court nominated the right honoble
| Lo: Padgett. | Sr Hen: Mildmay. |
| Lo: Maynard. | mr Gibbs. |
| Sr Ed: Sackuill. | mr Wrote. |
| Sr Io: Brooke. | mr Io: Smith. |
| Sr Io: Dãuers. | mr Ro: Smith. |
ffor Bookeeper mr Wiseman and mr Boothby beinge proposed choise
was made of mr Wiseman by plurality of handℯ.
The two Casheires and Clarkℯ were left to the choise of the Treasuror
beinge to be answeareable for them.
ffor the Solicitor, mr Waterhowse and mr Hacket beinge proposed
choise was made of mr Waterhowse. [100]
ffor Husband mr Webb was thought fittest, in reguard the Company
haue litle other imployment for him; And in respect he is allowed
60li for this buissines, the Companie to ease their hand deducted 20li
of that they formerly allowed him.
ffor Beadle choise was made of mr Carter.
After this vpon moc̃on that a Com̃ittee might be appointed for draw-
inge vp the oathes for their seuerall Officers aforenamed the Court
referred it to be donne by mr Nicholas ffarrar and the former Com̃ittee
extraordinary, who were entreated to meete at mr Deputies on Sat-
turday next in the afternoone to aduise about the same.
After this mr Deputy acquainted the Company ∥Court∥ that the Coun-
sell and Com̃ittee hauinge treated and debated largely concerninge the
bringinge in of the Spanish Tobacco, and findinge some willinge to be
Aduenturers for the bringinge in of 40000 waight, thought good findinge
no possibility to haue the whole vndertaken, at present to make offer and
to giue liberty to such as would vnderwrite for the bringinge in of that
quantitie vpon such condic̃ons as partly the Courtℯ had ordered and
the Comittee appointed by the Virginia Companie in their Præpara-
tiue Court for that purpose, had likewise thought fitt, And that the
Counsell and Com̃ittee hauinge appointed some him to drawe vp a
Roll to that purpose he had accordingly donne it, wch the Counsell had
before the sittinge of the Court read and approued and he nowe pre-
sented it vnto the Court to receaue their approbac̃on or amendment,
wch beinge donne and the Court fully informed of the perticular pointℯ
therein, it was put to the question and by erecc̃on of handℯ ratified
and confirmed the Tenor whereof followeth (vizt).
The Com̃ittee were desired by the Court to take care to looke out for
a convenient howse and Warehowse for the Companies vse.
The Com̃ittees also apointed heretofore to attend mr Atturney about
drawinge vp of the Patent were nowe desired to proceed in that buis-
sines with expidic̃on.
Mr Iohn ffarrar desired a Com̃ission might be graunted for the Bona
Noua, wch he and his Partners were settinge forth aswell for trans-
portinge of some p̱sons to Virginia as also for fishinge in part for the
Colony wch was accordingly graunted, and mr Deputy desired to drawe
vp the Com̃ission and to Seale it.
The like Com̃ission at the moc̃on and request of mr Bennet was also
graunted for the Iohn & Frauncis. [101]
After the endinge of the Virginia Court the Lo: Cauendish tooke
againe the Chaire and so the Sum̃er Ilands Court went on, when his
lp: recapitulatinge orderly and distinctly all the seuerall thingℯ, that
had bin propounded, debated and passed, in the Virginia Court belong-
inge to the Contract, desired the Sum̃er Ilands Companie to declare
generall assent, approvinge of all thingℯ without any manner of excep-
tion to any thinge at all, And generally desired his lp: to put the
thinge to the question wch accordingly his lp: did and the whole Con-
tract, and all the perticulars thereof were by erecc̃on of handℯ ratified
and confirmed in all pointℯ accordingly as the Virginia Companie had
passed them.
The Security for such as stood bound for the 1000li taken vp at vse is
transmitted to the next Court to be further considered of and then
the Seale of the Companie to be affixed vnto it.
Vpon the Dissoluinge of the Courtℯ, the Ea of Southampton and the
Lord Cauendish stood vp and both of them prayinge God that this
buissines might be to the aduancement of the Plantac̃ons (to wch only
they protested they had respect in all the carriage thereof) desired
the whole Companie nowe to make their best of that wch themselues
had concluded and like honest and worthie minded men to giue
their best helpes for the good execuc̃on thereof, and to ioyne with
sincere hands ∥hartℯ∥ and willinge handℯ in the good accomplishinge
and p̱formance thereof.
| The records of the Virginia Company of London | |