 | The records of the Virginia Company of London |  |
At a Court held for Virginia on
Wedensday the 4th of December i622
| Sr Edwin Sandys. | mr Bromefeild. | mr White. |
| Sr Iohn Dãuers. | mr Wilmott. | mr Cuffe. |
| mr Alder: Iohnson. | mr Barbor. | mr Geo: Smith. |
| mr Tomlins. | mr Withers. | mr Meuerell. |
| mr Deputy. | mr Caswell. | mr Widdowes. |
| mr Io: ffarrar. | mr Bland. | mr Hackett. |
| mr Gibbs. | mr Bull. | mr Sparrowe. |
| mr Wrote. | mr Mellinge. | mr Webbe. |
| mr Tho Shippard. | mr Addis. | mr Wiseman. |
| with diuers others. |
Mr Deputy said that for want of leasure he had not p̱fected the last
Court kept on the Sum̃er Ilands Quarter Court day, Wherefore he
desired the readinge thereof might be respited till the next Court.
Mr Deputy moued the Court for passinge of these Shares followinge
vizt for three Shares wch himselfe had bought of mr Edw. ffaucett and
turned ouer to mr Geo: Mordent, wch beinge allowed by the Auditors
the Court ratified and confirmed accordingly, Also for two Shares wch
Henry Lo: Lawarr ∥and the Lady Cisly Laware∥ passed ouer vnto
mr Nicho: Downe Cittizen and mercer of London wch the Court in
like manner confirmed vnto the said Nicho: Downe.
After this the Quarter Court held the two and Twentith of Nouember
last was read.
Captaine Martin moued the Court for redeliuery of his Patent pre-
tendinge it was onely deposited in the Secretaries handℯ vpon trust
lute without any manner of condic̃on, but onely to haue a newe Pat-
ent and therefore could not be deliuered him againe, wondringe that
against so many wittnesses to the contrary he would affirme any such
thinge: Wherevpon he beinge further desirous the Mr of the Rollℯ
might be entreated to giue a meetinge about his buissines according
to a former order in that behalfe, The Court praied mr Deputy accord-
inge to the said order to repaire vnto the Mr of the Rollℯ to knowe
what time he would please to appoint a meetinge, and that if it might
stand with his Honors leasure on Monday next a Court should be then
called on purpose for that buissines onely.
Sr Edwin Sandys said that forsomuch as it was ordered at the last
Court that the Com̃ittee appointed for the Tobacco buissines should
from time to time make report vnto the Companie of their proceed-
ingℯ in those affaires he would therefore relate in perticuler what
had bin donn therein by them: ffirst that the Lord Treasuror had
receaued [105] the Propositions as they were agreed on at the last
Court, and had promised to giue direcc̃ons to mr Atturney imediatly
to drawe vp the Patent accordingly: But his lps sodaine goeinge to
Newmarkett to the Kinge, had caused that to be forgotten, notwith-
standinge mr Atturney beinge made acquainted with the Contract,
said, although he had as yet receaued no direcc̃on from the Lo: Trẽar,
yet for expidic̃ons sake he would prepare the buissines against his
lps returne.
Hee further signified that because of the Delay of the Proclamation,
might not breed any preiudice to the Companies, the Com̃ittees had
accordingly as the Lord Treasuror by Sr Arthur Ingram aduised them,
drawne vp the forme of a Letter to be sent to the Portℯ in his Lps
name, giuinge notice of the Bargaine concluded between his Matie and
the Companies and straightly charginge them to inhibite the bring-
inge in of any Tobacco but accordingly: wch letter was deliuered to
Sr Arthur Ingram who promised to procure his lp: to signe it withall
expidition if it were not already donn, and to cause it to be sent downe
imediately.
As for the Proclamac̃on he said himselfe and the Com̃ittees conceau-
inge there was great necessity in speedinge of it, had satt many dayes
in pervsinge all former Presidentℯ of this and many of the like kinde,
and out of them collectinge what they conceaued to be fitt and prop
per, and likewise addinge diuers other perticulers, wch were conceaued
either necessary or benificiall they had drawne a Proclamac̃on whereby
mr Atturney might wth lesse labor and in shorter time dispatch it:
Wch vpon his lps returne from Newmarkett they hoped would be
instantly effected.
Hee further signified, that for bringinge home of the Spanish Tobacco,
the Roll agreed vpon in the Quarter Court was engrossed, and there
was already by his Solicitac̃on vnderwritt a good Som̃e of money
neare vpon 2500li.
And whereas it was ordered at the last Quarter Court, that such as
beinge not free Brothers of the Companie and yet desired to aduen-
ture in this Iointe Stocke should first buy fower Shares of land of the
Companie, he wished it had bin ordered for a lesse number of Shares
for that he knewe some worthie gentlemen would §willingly§ haue
vnderwritt in the said Roll, if they might haue bin admitted vpon the
purchase of two Shares onely, but he said he spake this onely ∥but∥
by the waye.
Herevpon mr Wrote tooke occasion to saye that he sawe no reason
why they should be so strictly bound to those orders as if those orders
were like to the lawes of the Meades and Persians neuer to be altered
or revoaked Besidℯ he said that this order had not his due comitt-
ment (as it ought to [106] haue had by their lawes) for he said him-
selfe was the first Proposer of it, wch was no sooner moued but it was
forthwith ordered, And therefore said, he wold nowe moue and pro-
pound vnto this Cort that in reguard not onely that perticuler order
but also some other matters of speciall consequence vnto the Com-
panie were proposed and passed at the last Court held for Virginia on
the Sumer Ilands Quarter Court daye without that due preparac̃on as
the lawes and orders of the Companie required in that §like§ cases,
that therefore it might nowe be ordered that no Acte hereafter be
first proposed but rather that it might ruñ his due course of examina-
c̃on by a Com̃ittee or in the followinge ordinary Court before it be
ordered; for he said he had obserued an Article passed in this Roll
(amonge other thingℯ) whereat many tooke exception, and was the
only cause of their vnwillingnes to vnderwrite to the said ∥Roll∥ wch
otherwise would haue aduentured largely in this buissines, as namely
where the Companie are ordered to beare a Tenth part in the said
Iointe Stocke, and to giue their Seale for Security, whereby it was
conceaued that if the buissines should not prosper well, euery mans
priuate estate was bound to repaire the losse and make vp the Kings
part: And he added the Companie beinge in debt, the moneyes paid
in to the Companies by such as subscribed might be presently seized
vpon accordinge to the Custome to the Citty whereby the Companie
should paye vse for the Stocke and not haue the same to imploy to
any benefitt.
Touchinge the first pointe of mr Wrotes Allegac̃on Sr Edwin Sandys
answeared that there was a very great difference between a lawe wch
ought to be made in that solemne manner as he had intimated, and a
perticuler buissines as this is was.
Mr Deputy said he would not propound the com̃ittinge of these thingℯ
againe, beinge determined by the Quarter Court neither did he con-
ceaue any defect to haue bin in the manner of passinge them, for
although mr Wrote was he that propounded it yet it was not a thinge
then sodainely thought vpon, but propounded by mr Deputy himselfe
to diuers of the Counsell fower or fiue dayes before, neither was it
passed that Court wherein it was propounded without mature delib-
erac̃on, and was againe read and approued by the Quarter Court ∥for∥
Virginia, and after that againe in the last Court wch had the authority
of a Quarter Court ratified and approued Wherevpon mr Withers said
he sawe no reason that a thinge being clearely passed in a Court and
without any exception confirmed in two other Courtℯ should either be
disputed or called in question. [107] And it was by another added
that no Com̃ittees opinion could be deemed of so much force as the
opinion of a generall Court if it passe clearely.
ffor the second point of mr Wrotes former speach vizt vpon the Com-
panies bearinge a Tenth part in the Aduenture, Sr Edwin Sandys said
that the Counsell and Com̃ittees had taken that waightie pointe
into their serious considerac̃on, and they were of opinion that it was
most necessary to engage the Companie in this Iointe Stocke for
bringinge home the Spanish Tobacco, for that thereby the Aduen-
turers should haue the Companies assistance and protecc̃on vpon all
occasions (as need should require) And that this condic̃on was
desired by the Aduenturers themselues, who without it would not haue
vnderwritten in the said Roll; As for the matter of Security (Wch was
so much stood vpon) he said the Tobacco it selfe, aswell as the Seale
of the Companie should lye at Stake for it.
And touchinge the engagement of mens private estatℯ hereby: therein
was no danger; it beinge cleare by lawe that onely the goodℯ of the
Corporation are lyable to the debtℯ thereof, Concerninge wch he said
he had taken aduise of most sufficient Lawyers: And mr Caswell said,
that mr White the Lawyer (who newly was departed out of the Court)
havinge heard this Disputac̃on did affirme that priuate mens estatℯ
could not be lyable to the Debtℯ by the Seale of the Corporac̃on but
onely the goodℯ of the Corporac̃on it selfe.
Notwithstandinge mr Wrote still persisted in his former opinion, that
this buissines was not fairely carried nor a due course taken for pre-
paringe of matters; but were hastily shuffled ouer, and that he could
not be p̱swaded but each Member of the Companie (vpon grant of the
Seale for Securytie) was bound to make this good, out of his owne
private estate, alledginge that he had likewise asked Counsell of Law-
yers whose iudgement was as he had deliuered. ∥And was the rather
confirmed in that opinion because of the late example of the Muscouy
Company.∥
Wherevpon mr Alderman Iohnson desired the Companie to be wary
in giuinge their Seale for the Security and therevpon cited a case of
late time happned vnto the Muscouia Companie who beinge indebted
longe since and hauinge giuen their Seale for Security diuers Brothers
of that Companie were troubled and sued for the same:
Mr Mellinge replied it was true that a leviac̃on for payment of the
Muscouia Companies debtℯ was ordered by the Lordℯ of his Mats most
honorable Privy Counsell to be made out of the gaines made vpon
their seuerall Stockℯ in the seuerall yeares when those moneyes were
supposed to be borrowed and taken vp at interest and not to be laid
vpon the whole body of the Companye or them that were not Traders
in those yeares or since. [108]
But mr Withers made Aunsweare it was true some were troubled but
none of them had therefore paid any thinge, but were freed and cleared
thereof: And he added further that the newe Iointe Stocke it selfe was
exempted from those former debtℯ: wch mr Alderman Iohnson said
was by perticuler agreement before the Stocke was beguñ: Howso-
euer mr Withers said he was suer that the priuate Brothers of the
Companie were by order of the Counsell-Bourd acquitted and freed
from molestac̃on.
Mr Deputy said that besidℯ the vnseasonablenes of the Proposition
since it could not be revoaked at least till the next Quarter Court the
thinge it selfe seemed verie strange to him, for if their were danger to
priuate mens estatℯ by reason the Companies beare a Tenth part only;
howe much greater danger there was, if the Companie should beare
the whole wch they were bound to doe hauinge taken it vpon them by
giuinge of their Seale except priuate Aduenturers as they had beguñ
eased them: Wherevpon he said the Counsell and Com̃ittees conceaued
that they had donn a verie espeaciall great Seruice to the Companie so
to continue and order the matter: That hauinge taken so great a bur-
then vpon them, they should be eased of almost all, and the care of
one onely Tenth part left vnto them: And if the feare of this Tenth
part did trouble men what should the whole doe, wch otherwise was
like to lye vpon the Companies: ffor whereas mr Wrote said, that this
Clause was the onely cause of the vnwillingnes of diuers to vnderwrite
in the said Roll wch otherwise would haue aduentured largely in the
buissines, mr Deputy said it was a principall clause that invited them
that had already vnderwritten and that ∥when∥ it was replied that if
the Companies had not §a part§ there was one would vnderwrite 500li
mr Deputy made aunsweare that if the Companies had not a part the
againe; And diuers of them that had vnwritten, beinge then present
did affirme the same, that except the Companies bore a part they would
withdrawe what they had already vnderwritten.
Vpon this disputac̃on the Lord Cauendish tooke occasion to informe
the Court howe fairely and orderly the Counsell and Com̃ittee had
proceeded in this buissines: The Lordℯ and the Counsell ∥sittinge∥
both forenoone and afternoone the day before the Quarter Court beinge
attended also by the Com̃ittees the whole day, and that thingℯ were so
seriously and maturely debated as there growinge a difference of opin-
ion in one pointe amongst the Com̃ittee ∥Counsell∥, the Ea: of South-
ampton did perticulerly enquire the opinion of euery one and in the end
the resoluc̃on was made accordinge to the maior part of voices. [109]
Mr Wrote said that he knewe many eyes were vpon him and desired
the speeches he had spoken might be sett downe.
Wherevpon the Argument beinge still maintayned with such violence
and vnorderlynes against so many good reasons as had bin alledged,
mr Deputy made this open protestac̃on that for his part in reguard he
had knowne mr Wrotes great zeale and forwardnes in the buissines of
Virginia, he did not thinke that these thingℯ were propounded and
vrged by him out of an evill minde, nor that they came from him-
selfe, but from some others who had by wronge informac̃ons and
groundℯ perswaded him to doe what he did, directly with an inten-
tion to cause distracc̃on and variances and by iealousies and doubtℯ
to hinder the vnderwritinge of the Roll and consequently to drawe
the Companie into the Penalty of not performinge that condic̃on,
wch if any such evill happned he protested this dayes worke was the
cheife occasion: Wherevnto mr Wrote made answeare that he would
not haue mr Deputy thinke so: basely of him as to be so lead by any
man, for he protested it was his owne what he spake and not out of
any suggestion vnto him: And therevpon vrged againe that mr Dep-
uty would put his former Proposition to the question: wch if he
refused he said the Counsell there ∥p̢sent∥ were to doe it.
Wherevpon mr Deputy asked him howe he would haue it put to the
question, Whither that noe order should be made before it had bin
considered of by a Com̃ittee (Wch could not but breed a great deale of
trouble and vnnecessary delaye to buissinesses) ∥or∥ whither he
would haue matters of importance onely to be so referred wch already
had bin the practise of the Companie in ∥all∥ their proceedingℯ:
Wherevpon the Court beinge ouerwearied and mr Wrote ∥being∥
told by Diuers he did transgresse the lawe by speakinge so often to
one buissines, replied that others had so donne likewise, and he would
yet speake more, At length to giue an end to these differences, the
Court desired mr Deputy to put it to ye question whither the openinge
of the fower Shares to a lesse number and the Companies bearinge a
Tenth part in the Iointe Stocke beinge thingℯ ordered by the last
Quarter Court, should be nowe disputed vpon or noe, wch beinge
accordingly put to the question it was by a generall consent, (only mr
Wrote himselfe and one other dissentinge) ordered, that seinge both
those pointℯ had passed the iudgement of a Quarter Court, they
should not nowe be disputed vpon, but if any had any thinge to oppose
there against they might doe it in the next: Quarter Court.
This beinge donne the Lord Cauendish acquainted the Companie, yt
according to the request of the former Court he had bin with Sr Henry
Martin and Solicited him for a hearinge of the cause in difference
between one Wye and the Companie who promised to appoint a daye
on purpose between this and Christmas to make an end of that
buissines. [110]
Mr Wrote herevpon made request vnto the Companie that seeinge he
had a longe time followed this buissines and that the cause at the
next hearing after sentence giuen and vpon Appeale made was like to
∥be∥ transmitted to the Delegatℯ whereby it must anewe begin that
therefore himselfe might be discharged and some other appointed to
solicite and followe the same before the Deligatℯ, for it was nowe no
worke of a gentlemans but of a Solicitor.
After this it beinge late a letter was presented in Court to mr Deputy
directed to the Treasuror Counsell and Company for Virginia and Sub-
request in the behalfe of one mr Taylor, whome he com̃ended for his
honestie and sufficiency that the Companie would please to imploye
him for their factor in Ireland about the Tobacco buissines with such
convenient Salary for his paines as shalbe thought fitt: wch request
beinge taken into considerac̃on some of the Court thought fitt to referr
it to the Com̃ittees as also what Salary they shall thinke fitt to allowe
him for his seruice. But Sr Edwin Sandys moued, that no Salary
might be graunted but by the Courtℯ approbac̃on.
Herevpon mr Wrote tooke occasion to admonish the Companie to take
some tender care in giuinge of Salaries and wished that the Graunt
of so great Salaryes at the last deriuatiue Court had bin better con-
sidered of before they had passed thereon them consideringe the
Companie were in debt already, and so litle meanes left whereby
to raise so great a Som̃e as 2500li (as was nowe agreed vpon) to be
issued out in Salaries and other charges and consideringe also this
was a course contrary to the practise of the East Indy Companie who
graunted to their Officers no Sallaries at all vntill there was both
meanes to do it and seruice also p̱formed for it: And said further that
whereas vpon the grauntinge of the place of Maisterp of the ordi-
nance in Virginia heretofore vnto Captaine Martin with the like ffees
and Proffitts as are accustomed to the like place here in England, Sr
Edwin Sandys opposed the said Patent for that it would haue brought
a greater charge vpon the Companie then would be paide beinge not-
withstandinge but 400li p̱ Anũ, Hee therefore could not see (espea-
cially nowe the Company were in a farr worse case) by what meanes,
so great a Som̃e as 2500li a yeare could be paide without the vtter
vndoinge of the Companie: ffor he said this great Som̃e must of
necessity be raised by ann imposic̃on vpon the Tobacco that shalbe
brought in, wch he obserued to be of three sortℯ, vizt: the Spanish
Tobacco, The Companies Tobacco and the Tobacco of priuate Planters
wch ought to be free by their Charters, So that what with givinge a
Third part to his Matie and payinge of other charges for custome,
freight and for this newe Imposic̃on, the poore Planter should scarce
haue the one halfe of his Tobacco free to himselfe to liue vpon And
Tobacco to be quitt of all charges that would come vpon it by this
meanes: Wherevpon some made Answeare that he went about to call
the whole Contract into question, and to laye disgraces vpon it wch was
past and fully agreed on by both the Quarter Courtℯ; Whereas the
bringinge of the Tobacco into one hand was vndoubtedly the waye
both to vphold and aduance the price much more ∥then∥ by beinge
brought in, and scattered ∥in∥ many hundred handℯ.[43]
Mr Wrote replied he ment onely touchinge the Salaries wch buissines
(he said) was not com̃itted but carried fowly and disorderly and with
much arte surreptitiously and to priuate endℯ; And that diuers of the
Companie did both then and since, as well publiquely, as privately in
his hearinge complaine much against it, but durst not speake their
mindℯ freely because they were ouerawed.
Mr Withers recalled him, sayinge he was much mistaken to saye thingℯ
were carried fowly: And mr Treasuror Caswell said, you would not
haue said wee were ouerawed if you had bin at Court, you should haue
seen what wee durst do: But mr Alderman Iohnson interrupted him
sayinge they had Salaries and ought not to speake.
Wherevpon mr Iohn ffarrar said that that speach of mr Wrote was
both ∥most∥ vntrue and scandalous, for men at all times might speake
freely their mindℯ, and that they did at this verie Court as one example
might shewe it, (when after a longe dispute about the Graunt of landℯ
in the Sum̃er Ilandℯ) the Court was diuided and Twenty of the Com-
panie went on one side, and one and Twenty on the other, All the
Lordℯ Knightℯ and gentlemen beinge on the one side: And this Act
shewed plainely what men durst doe, Neither was the Gouerment
Tirannicall nor the Companie so silly and simple men as mr Wrote
would make them: where if he had bin present at that Court (and
other meetingℯ of the Counsell and Com̃ittees) wherevnto he was
warned, he would haue seen and heard thingℯ carried and handled in
a fairer manner then he nowe deliuers them to be, and much mar-
veyled he would thus censure the proceedingℯ of the Quarter Court
and other meetingℯ whereat he was not but takℯ all vpon hearesay.
After this mr Wrote willed Sr Edwin Sandys to keepe his owne lawes
∥wch he had made∥ and therevpon cited a lawe, where to avoide the
drawinge the Companie into debt it is ordered that no perticuler man
make or propound any newe Proiect of charge to the Companie, but
he withall offer good meanes howe to defraye that charge and vphold
his Proiect the Breakers of wch order are to be excluded from the
generall Courtℯ xc: The Lord Cauendish told him that he had not onely
affronted him in perticuler but the Ea: of Southampton also and the
rest of the Counsell and Com̃ittee: who after this buissines was pro-
pounded vnto both the Companies at their seuerall Courtℯ on ffriday
before the [112] Quarter Courte mett the Tusday after, both fore-
noone and afternoone about it, whither himselfe was perticulerly also
warned by the Officer and havinge taken consultac̃on therein (not with
a purpose to conclude vpon any thinge but to prepare that buissines)
brought the same to the Courtℯ held the next daye to be amended and
ordered as they should see cause: As for terminge the Lawes to be Sr
Edwin Sandys lawes, his lp: told him he had donn the Companie great
wronge and that this was the reward that men had for doeinge pub-
lique seruice: And he might aswell haue said, the Instructions giuen
to the Gouernor of the Sum̃er Ilandℯ were his because he made the
first draft of them: And added that he had donn more harme by that
dayes worke then Captaine Martin Capt: Baylie or Capt: Argall.
Wherevpon mr Wrote said my good Lord I protest vpon my saluac̃on
I had no intent directly nor indirectly to perstringe the Acc̃ons of the
Counsell or of yor lp: or of my Lo: of Southampton for I confesse yor
courses haue bin alwayes like yor selues noble direct iust and plaine
but I speake of things donn in yor lps absence when you were out of
Towne whereof you can take no notice.
As for Sr Edwin Sandys lawes he called them noe otherwise then a
great Lord did, and said that he had taken paines 40: dayes in exam-
inac̃on concerninge the Spanish wrecke and that he was a weary of
beinge any longer of any Pollitique body: And further said that see-
inge his lp: was thus displeased with him, he would not trouble that
Court where his lp: was Gouernor but would deliuer vp his Share at
the next Sum̃er Ilandℯ Court, wch if he did, the Lord Cauendish said
he would not entreat him to keepe it.
Touching the lawe cited by mr Wrote Sr Edwin Sandys made
answeare that that lawe was prouided in case any perticuler man
should propound any newe Proiect of charge vnto the Companie:
whereas this was a buissines incident to the Contract, wch the whole
Companie agreed vnto and had vndertaken, Besidℯ he said, it was
not intended that this charge shalbe laid vpon the Companie, but
onely as they beare a parte beinge to be raised out of a perticuler nego-
tiac̃on vpon the Tobacco whose propper burden it was, and that it
was not 2500li but only 2000li wch was proporc̃oned for the charges of
this buissines: ffor the other 500li except it might be much for the
improuement of the Com̃odity should not be expended but returned
againe to the owners of the Tobacco, and of the 2000li proporc̃oned
the Kinge bearinge one Third part and the Spanish Tobacco a double
charge in proporc̃on to the Plantac̃ons Tobacco, there could not be at
the most aboue 800li to come out of the Tobacco of the Plantac̃ons,
out of wch the Companies should be eased of some Salaries that they
nowe paye to Officers and should [113] haue a howse of their owne,
wch was a most fittinge and necessarie thinge; and for wch together
with Warehowses they had in their iudgmentℯ proportioned 160li So
that the Sum̃e raised vpon the Aduenturers and Planters Tobacco
towardℯ the payment of the Salaries was but a smale matter and such
as would be questionles manifoldly repaid by the improuinge of the
price of Tobacco through their care and iudgement that should man-
age it: wch charge of Salaries therefore could neither disharten the
Aduenturers nor vndo the Planters (as was alledged:) As for the
instance of Captaine Martin, the cases were not alike that beinge to
ruñ out of the Companies Stocke (Wch was none) and therefore must
needℯ ouerwhelme the Companie with debt: This beinge to be raised
yearely out of the Tobacco that come in and therefore the Companie
could not be hereby indebted.
Mr Deputy said that mr Wrote spake out of his ignorance (ignorance
of fact he meant,) because mr Wrote was not at the Com̃ittee, but
mr Wrote replied that mr Deputy spake out of the abundance of his
knowledge, but he out of his conscience.
Mr Deputy went on and said that the matter of Salaries were not sur-
reptitiously carried but most fairely and orderly with those due
preparac̃ons that ought, havinge bin first handled and treated of in a
Com̃ittee before the Quarter Court of Virginia whereat the Lord
Cauendish was and amongst diuers others (mr Wrote) himselfe where
after the Offices of Director, Deputy, Treasuror and Com̃ittees were
approued and liked of: the matter of Salaries was by himselfe pro-
pounded, as he said mr Gibbs could well remember who propoundinge
100li Salary for the Office of Treasuror, mr Deputy said it was a great
deale to litle: Wherevpon mr Gibbs said it might then be 200li but it
was replied that that would likewise be to litle: and this Com̃ittee
beinge nine dayes before the Quarter Court wherein the Salaries were
giuen, it could not be said they were surreptitiously carried, men
hauinge so longe time warninge to thinke what was to be donn in that
point, Besidℯ in the Sum̃er Ilandℯ Præparatiue Court, the Ea: of
Southampton after the nominac̃on of Director and Treasuror, said
that for the other Officers and the Salaries they should be referred
till the Quarter Court it selfe, wch was a second warninge to the Com-
pany to take their bethinkinge and to consider of the matter of Sala-
ries, yet to the intent that thingℯ might be ye better disgested, the
Earle of Southampton afterward thought fitt the Tuisday before
the Quarter Court to assemble the Counsell and Com̃ittees, whereat
the Lo: Cauendish the Lo: Cauendish Padgett Sr Edw: Sackuill
Sr Iohn Dãuers and a [114] very full Counsell of others beinge pres-
ent, all thingℯ and in perticuler this matter of Salaries was verie seri-
ously debated and considered of, both in the forenoone and the
afternoone, and to this Counsell mr Wrote himselfe was warned: So
that (he said) this matter was prepared both by the Counsell and
Com̃ittees: But mr Wrote said I must nowe vnwillingly come to an
accusac̃on against Sr Edwin Sandys and the two Deputies and tooke
exception against the first Com̃ittee spoken of before the Virginia
Quarter Court, sayinge, it was verie dissorderly some men talkinge
p̢uately by the fireside, wch he said was mr Deputies fault who ought
to be the Moderator of Com̃ittees besidℯ the Secretary was not there,
To wch mr Deputy aunsweared that he did not knowe that he did not
there or no; whose place himselfe had many times supplied when
there was need or occasion of writinge, but many and the most sortℯ
of matters resolued on by Comittees were vsually reported by some
∥one∥ of them to the Court. As for the disorderlynes that was spoken
of, that was their owne, not his fault who could wish more orderly-
nes, But that and many other thingℯ he was glad to passe ouer,
because that men would do when they came as themselues pleased,
and it was not for him to reproue them.
Mr Wrote further obiected that neither the Counsell and ∥nor∥ Com̃-
ittees had authority giuen them to treat of that matter of Salaries
because it was not perticulerly sett downe, But mr Deputy made
Answeare, that it was the selfe same great Com̃ittee, to whome by the
Quarter Courtℯ in Som̃er, All thingℯ belonginge to the Bargaine were
com̃itted to be by them prepared and digested who thereby had
authority sufficient, although they had not this later time been desired
to consider of and prepare all such thingℯ as were necessarie to be
passed in the Quarter Court when the bargaine should be absolutely
concluded and ratified by the Lord Treasuror.
Mr Wrote said further that there were thingℯ brought into the Court
as the iudgement of the Com̃ittees concerninge pointℯ referred vnto
them by the Court wch were not their doingℯ wch mr Deputy denied and
willed him to instance one example: Wherevpon he said the matter
of petic̃ons, wch mr Deputy at the begininge of the Court brought downe
vnto him wett and asked him howe he liked it: But mr Deputy replied,
that though mr Wrote was absent yet the Com̃ittees mett twice there-
about, and that himselfe by their entreaty drewe vp the thinge in their
presence and appealed for wittnes vnto them that were present. [115]
Mr Wrote further challenged mr Deputy for wronge entringe of a Court
wch mr Deputy denied and willed him to be better aduised.
Mr Deputy made protestac̃on of his owne integrity in the buissines of
Salaries and that for the two great Salaries whereat onely men might
he said he knewe those Offices were most vnwillingly accepted of by
them, especially by one of them, who but for conscience sake and the
seruice of the Companie he knewe would neuer haue taken the place
and concluded that for his part if any could shewe a better course then
was beguñ he would ioyne with them, and so he doubted not, but all
the Counsell and Companie would doe, but desired that thingℯ might
be propounded in an orderly and due manner.
Sr Edwin Sandys said that mr Wrote in vndermyninge the seuerall
partℯ of the Contract and matters incident therevnto beinge nowe con-
cluded with the Kinge did wronge the State, mr Wrote protested he
spake nothing against the Contract but onely against the Salaries.
Mr Bromefeild signified much greife for mr Wrots proceedingℯ and
concluded there was much time spent to no purpose for it could not
be that any thinge could be altered till the next Quarter Court if then
there were any cause.
Sr Edwin Sandys tooke occasion in defence of this Contract to informe
the Court of the manner of the bargaines proceeding from the verie
begininge and howe that they were by necessity of continuall preiu-
dices drawne on by their proiectℯ (who it seemeth more affected their
owne priuate Com̃odity then the prosperinge or subsistinge of the
Plantac̃ons to a willingnes yea and desire of makinge some Contract
wth his Matie hopinge vnder it to enioye, all graceous fauor in their
buissinesses: ffirst he said there was 6d p̱li laid vpon Tobacco aboue
the former Custome, And although the Patent did clearely free them
from it, yet they were opposed by so tough an aduersary (who farmed
the 6d) that that it was to their losse at one time to the value of aboue
1000li sterlinge. The next yeare after vpon the Patent for sole
Importac̃on graunted vnto Sr Thomas Roe and his Associatℯ they were
constrayned from bringinge in any more then 55000 waight from both
the Plantations: And the yeare imediately following (it seemeth vpon
some newe Proiect) he heard that they required to bringe in all the
Tobacco of both Plantations. [116]
The variety of crosses aduised them to listen to the makinge of some
setled Contract with his Matie aswell for his Mats proffitt as for the
benefitt of the Plantac̃ons thereby to exclude newe practises of the
same or other newe Proiectors, and yet this verie Contract for sole
Importac̃on had his begininge from an offer made by some principall
Members of the Companie, (one whereof was then present) as was
openly deliuered at the Counsell Bourd by a verie Honoble p̱son in the
hearinge of many on both sidℯ then attendinge wch offer of theirs
beinge of a large proporc̃on of money was the occasion of those courses
wch haue bin since pursued wch in fine are determined in this Contract,
wch as it hath pursued in all the most materiall pointℯ and ∥the∥ iudge-
ment of the howse of Com̃ons in the late Assembly of Parliament,
so he hoped that beinge waighed in the balance of equall iudgement
(the present State of all thingℯ considered) to tend both to the safety
and benifitt of the Plantations and noe lesse to the reasonable proffitt
of all Aduenturers.
Mr Alderman Iohnson said that it was another bargaine that he offered,
but for this bargaine he was sure it was said in the Towne, it was Sr
Edwin Sandys contrivinge and for the Salaries his opinion was that
if the buissines thriued well they should ∥well∥ deserue them; and
∥mr Alderman∥ protested further that by the oath he had taken, he
neuer went about any bargaine but once with Sr Edwin Sandys and
Sr Iohn Wolstenholme to the Counsell Table beinge sent by the Com-
panie and for the Companies ∥vse∥. mr Caswell said that what Sr
Edwin Sandys had reported was true for he heard it.
Mr Wrote said that because he could not haue thingℯ put to the ques-
tion, and for diuers other reasons of offence he did appeale to the
Quarter Court, And mr Wrote also demaunded ∥desired∥ that they
would take some course for the poore Planters seinge he could not be
possessed of his owne goodℯ but must come into the Companies handℯ
whereby they must attend their sale and in the meane time haue not
wherewithall to furnish himselfe with necessaries.
Sr Edwin Sandys said that they had had consultac̃on diuers times
about that matter.
To wch mr Deputy replied that this pointe had not bin forgotten but
seriously taken into considerac̃on, and that in reguard in the man-
aginge of the Contract there was not onely matter of proffitt to be
reguarded but there would also ∥likewise∥ occurr many [117] pointℯ
of Iustice and equity; besidℯ other matters of very high nature, the
Companie had conceaued fitt besidℯ the ordinary Com̃ittee wch consisted
of men fitt for Tradinge to choose another extraordinary Com̃ittee of
gentlemen all of them of the Counsell, of wch number mr Wrote him-
selfe was one, who were to assist the buissines with their best Coun-
sell espeacially in buissinesses of this nature wherefore he desired him,
if he had any thinge in this pointe for the accomodatinge of the Plant-
ers, (wch the Counsell and Comittees were exceedingly solicitous
of) that he would at their meetinge deliuer it vnto them.
In the ende the Court beinge much scandalized at the disorder-
lynes vsed in callinge in question and disputinge of matters ordered
in the Quarter Court, vrged that it might be put to the question
whither this matter should be at all disputed, but in a Quarter Cort
wch beinge accordingly donne it was ordered it should be silenced till
the next Quarter Court.
After this it beinge verie late, the Lord Cauendish moued the Cort in
the behalfe of a worthie gentleman mr [44]
Zouch that his lp: said
had attended longe for answeare who purposinge to transport good
store of people to Virginia and to goe ouer himselfe in person, there
to plant and inhabite, desired a Patent might be graunted him at the
next Quarter Court ∥wch the Court agreed vnto∥ and gaue order to the
Secretary to drawe vp one for him against the time.
His lp: further acquainted the Court that this gentleman beinge
desirous to haue had some place of comaund in Virginia and findinge
the Companie for the present had no place there for him fittinge his
quality was therefore an humble Suitor to the Kings Matie, that
Whereas by his Highnes Letters Patentℯ vnto the Company there is
reserued to his Maties vse a fift part of the gold and Siluer Oare that
the Receauor thereof But such was his Maties graceous fauor vnto the
Companie that he would in no wise graunt him his said Suite vntill
he brought a Certificate from the Companie of their consent herevnto:
Wch Certificate mr Zouch did nowe solicite the Companie ∥for∥:
Wherevpon the Court takinge it into their considerac̃on after some
deliberac̃on had thereon ordered a Certificate to be drawne vp to this
effect vizt.
Whereas the Companie for Virginia are informed that vpon mr [45]
Zouch his humble petic̃on vnto the Kinge for the office of [118]
Receauor of his Mats Rentℯ in Virginia arisinge by a fift part of the
gold and Siluer oare, reserued to his Mats vse that shalbe there found
from time to time; It pleased his Matie out of his accustomed goodnes
and fauor vnto the said Companie to suspend the graunt of the said
office vntill it might appeare the Companie were made acquainted
therewith: Wherefore the said Companie at the instant request of the
said mr Zouch at a generall Court held the 4th of December i622 hav-
inge duely considered thereof, do hereby certifie that they conceaue it
is ∥not∥ in their power by his Mats Letters Patentℯ vnto them to con-
stitute any such officer in Virginia for the Kinge, but rather the place
is absolutely in his Mats free guift and dispose: Notwithstandinge they
do humbly acknowledge themselues bound in the highest degree of
thankefullnes vnto his Matie for his graceous fauor and respect towardℯ
them in this particuler: As for the p̱son of mr [45] Zouch if it shall
please his Matie to conferre the place vpon him, they conceaue him to
be most fitt for it and shalbe glad thereof.
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