 | The records of the Virginia Company of London |  |
At a Præparatiue Court held on
Monday the 30: of February i622
| Right Honoble | Ea: of Southampton. |
| Lo: Cauendish. |
| Sr Edward Sackuill. | mr Bulkely. | mr Percy. |
| Sr Rob̴t Killigrue. | mr Moorer. | mr Sheldon. |
| Sr Tho: [48] Wroth. | mr Caswell. | mr Seward. |
| Sr Hen: [48] Mildmay. | mr Barbor. | mr Lambe. |
| Sr Io: Brooke. | mr Shippard. | mr Ditchfeild. |
| Sr Edwin Sandys. | mr Berblocke. | mr Robbins. |
| mr Nicho ffarrar Dpt̃. | mr Copland. | mr Robertℯ. |
| mr Gibbs. | mr Balmford. | mr Addison. |
| mr Palmer. | mr Wither. | mr Webbe. |
| mr Wrote. | mr Meuerell. | mr Dike. |
| mr Binge. | Capt Martin. | mr Swayne. |
| mr Wilmer. | mr Mellinge. | mr Leverr. |
| mr Iohnson. | mr Groce. | mr Bennet. |
| mr Io: Smith. | mr Scott. | mr Caninge. |
| mr Palavicine. | mr Taylor. | mr Hobbs. |
| mr Io: ffarrar. | mr Barker. | mr Io: Wolstenholme. |
| mr Mole. | mr Robertℯ. | mr Woodall. |
| mr Bromefeild. | mr Meddas. | mr Hun. |
| mr Porter. | mr Kirrell. | mr Cuffe. |
| mr Bolton. | mr Whitly. | |
| mr Newport. | mr Baynham. | |
| with diuers others. |
[148]
Sr Iohn Brooke moued the Court in behalfe of Capt: Iohn Martin that
they would please accordinge to my Lord of South̴tons promise to
to his lp: or any other auncient Aduenturer and that his Shares of
land menc̃oned in his former Patent or shall become due for trans-
portac̃on of p̱sons at his charge may be laide out in Martin Brandon,
wch request the Court agreed vnto hauinge alwaies offered as much
vnto him: But whereas Captaine Martin moued that he might haue
therewith those Swamps and boggs as lay neare thereabout, wch could
not be planted and yet might be of great vse vnto him for keepinge
of his Swyne; The Court made him Aunsweare that he must be con-
tented to take his due proporc̃on of land together as it shall fall out
in that place of Martin Brandon of wch as he saith he was formerly
possessed.
After this mr Deputy propoundinge the passinge of certaine Shares
from mr Carter to other p̱sons there arose some questions and opposi-
c̃ons about them, Sr Henry Mildmay said he was sorry to see so much
dissention and variance still continued amongst the Companie, but
professed himselfe was neither of the faction nor factions, and said
his Matle had lately taken notice of these differences, and is a hinder-
ance to other mayne buissines of speaciall consequence vnto the Plan-
tation and that his Matle vnderstands that diuers Aduenturers haue
bin discouraged from goeinge on, and wonders that so many are will-
inge to giue ouer their Shares.
He signified further that his Matle did desire to preserue the liberty
of the Companie in euery kinde and that no p̱ticuler man of the Com-
panie be abridged of his liberty to speake freely so it be with fittinge
report vnto the gouerment and the Plantation.
Hee said further that he came not to stirr vp a storme but to allay it
and make a Calme, and said at the last meetinge of the Counsell he
moued that these verball differences might be taken vp and that his
Matle did likewise desire an end of them, but saith that this he relatℯ
was accidentally and by waye of discourse with his Matle.
Mr Deputy made Answeare that the Companie did much ioye to vnder-
stand that his Matle pleased to take their affaires so much into his
Company might fully p̱forme what his Matle required (because the
Court was nowe but smale) he would please to leaue his message in
writinge or stay till my Lord of Southampton and the Lord Cauendish
comes to report the same againe vnto them. [149]
Sr Henry Mildmay beinge desired to satisfie the Court whither he
deliuered this as a Message from his Matle or from himselfe, made
aunsweare that he deliuered it by waye of aduise and from himselfe
vpon a late discourse that he had with the Kinge but no waye as a
Message from his Matle.
Mr Deputy excusinge the weaknes of his memory that he doubted not
to be able p̱fectly to sett downe Sr Henry Mildmayes speach, besought
him that he would be pleased againe to deliuer it to the Secretary but
he aunsweared that he would be here on Wedensday next to obserue
whither the same hath bin rightly taken by the Secretary.
Sr Iohn Dãuers said he held it most necessarie that before they pro-
ceeded any further to state Sr Henry Mildmayes Speach wch he wished
might be put to the question, whereat some opposed, and mr Deputy
beinge about to put it to the question, Sr Henry Mildmay desired it
might be spared till Wedensday next, when he would againe be pres-
ent: Wherevpon the Secretary was required to read those headℯ
he had taken of Sr Henry Mildmayes speach wch he did and was
approued.
This donn the Court desired mr Deputy to returne againe to the buissi-
nes of the Daye and to propose the Shares that were to be passed.
Wherevpon the Court passed these Shares followinge of mr Carters
vizt
| To mr Christo: Vyvyan of London, Clothworker | 1 share |
| To mr Ed: Palmer of the Midle Temple Lond: escq̢ | 14 shares |
| To mr Tho: Morse Haberdasher | 1 share |
| To Tho: Lathum of London gent̃ | 1 share |
| To Ia: Carter Marriner | 1 share |
| To mr Ed: Palmer esquire | 11 shares |
| To Rich: Norwood gent̃ | 1 share |
| 30 |
Which Shares by the bill presented appeared to haue bin sold the
most of them in Iuly.
Also Sr Wm Twisden knight and Barronett passed three Shares of land
in Virginia vnto Sr Roger Twisden his Sonn: All wch Shares being
put to the question passed the allowance and approbac̃on of this
Court. [150]
Also Wm Burnham passed ouer one Bill of Aduenture of 12li 10s 00d
and one p̱sonall Share of 100 acres of land in Virginia (descended
vnto him by the death of his eldest brother Sam: Burnham) vnto mr
Iames ffothergill: wch was likewise put to the question and confirmed
vnto the said Iames ffothergill.
Mr Deputy moued for order to drawe three seuerall Patentℯ viz to
these men vizt
To mr Iames Haberly and his Associatℯ.
To m- Arthur Levellis, and to Capt̃ Iohn Martin wch was accordingly
ordered to be drawne vp against the Quarter Court.
Mr Roberts moued the Court for a letter of recom̃endac̃on vnto the
Gouernor of Virginia in the behalfe of mr Arthur Leuellis that is
nowe to take a Patent that himselfe and his people may be respected
and well accomodated after their arriuall in Virginia.
Mr Deputy acquainted the Court howe farr the Auditors had proceeded
vpon the Accountℯ of the old Magazine of Virginia (mr Essington
havinge brought vnto them his bookℯ wch he said had his begininge
some 5 yeares agonn, but said he would giue the Aduenturers but
litle comfort for that they were like to receaue for ought yet appeares)
but litle aboue halfe of their principall money, that there was nowe
1000li to be diuided amongst them, and also added that there was a
mr Essington charged him with 400li more then he acknowledged but
he said they were not yet come so farr that he could giue them a cer-
taine resoluc̃on where the fault lye laye.
Mr Kightly taking notice of the great losse the Aduenturers were like
to sustaine of their principall money after so longe forbearance said
that he had heard it crediblie reported, that their Capemarchant was
at first a verie poore man, but through his imployment in the said
Magazine, was become exceedinge rich, whereas his bargaine was that
he should be recompenced out of the gaines of their Stocke: he there-
fore wished that the buissines might be strictly looked vnto.
Mr Deputy moued yt the Aduenturers for some considerac̃on to be had
for mr Cuffℯ paines bestowed about those Accountℯ.
Mr Deputy presented also a note of certaine Debtℯ due vnto the Com-
panie whereof he named some (vizt)
| mr Morris Abbott who standℯ indebted | 38li 7s |
| mr Nicho Leat | 43 |
| mr Wm Caninge | 88 – 5 – 7 |
| Capt: Io: Bargraue by subscription | 512 10 – 0 |
| The Aduenture in the Susan wch Sr Tho: Smith or Al-} derm: Iohnson is to pay |
105 – 0 – 0 |
[151]
And further that there was brought to that Account neere 100li: for
charges in followinge the Suite against Capt: Bargraue.
These buissinesses and Debtℯ laye as it were a sleepe because there
was noe one perticuler mann to followe them, and although diuers
men had Shares in the buissines, yet euery man would rather loose
his part then put vpon himselfe any trouble or labor.
Sr Edwin Sandys said that he would nowe make a moc̃on against their
Salaries whereat diuers gentlemen had taken exception, that for his
Salary it Should not trouble them for he would surrender it vp with a
better will then euer he tooke ∥it∥, But said that whereas mr Wrote
shalbe well managed with lesse charge then nowe it is ordered he
desired the same might be nowe read to this Companie: whereby if
a better waye may be found then was formerly it may be taken into
considerac̃on and followed.
Mr Moorer com̃ended mr Wrotes proiect to be verie good and worthy
of respect and considerac̃on.
Sr Henry Mildmay said he was not directly of the opinion of mr Wrote
in that paper wch was read touchinge his Proiect vizt That the poore
Planter should be so limitted for the sale of his goodℯ But said his
opinion was that these great Salaries were directly the waye to ouer-
throwe all, and said true it was they passed the last Court with his
vote but he was nowe of a contrary opinion sayinge secundæ cogita-
tiones sint longe meliores, and further added that he conceaued his
Matie would rather that the Contract should not goe forward at all then
to the ruine of the Planters, and said he was of opinion the buissines
might haue bin better husbanded.
The Lo: Cauendish said he held it fitt the Counsell be assembled, to
consider what better course can be proposed for the well managinge
of this buissines.
Sr Tho: Wroth moued that the Court might nowe deliuer their opinion
touchinge the Salaries because it so much concerned the poore Planters.
Capt: Rossingham said this course of consigninge all the Planters
Tobacco that shall come home into one hand would much preiudice
the Planters and exceedingly discourage them, but he was answeared
that he spake against the mayne body of the Contract for without that
it could not be. [152]
Mr Iohnson the Lawyer made request he might haue liberty to speake
freely to the matter of Salaries wherein he protested he would vphold
the opinion of no man he said the Salaries as they nowe stand modo
et forma will discourage the Planters and hinder the Plantation, he
better waye then is nowe p̢scribed vnto wch he said he would giue
these Stepps.
The first Steppe was that worthie men would please freely to continue
their paines and bestowe their laboures in this buissines as others had
donn for many yeares together.
That if Salaries be graunted they might be by the waye of honorare
or gratuities in reward of seruice donne.
And if by a Stipency then not to propose so great a Som̃e as 2500li wch
is 3d p̱li vpon — 200000 waight for this he said would deterr the Impor-
tac̃on of Tobacco and if that faile the Companie will smart for it.
Besidℯ he wished that the Salaries might not be raised by this vigor-
ous and strict waye of imposic̃ons but rather out of the aduancement
of the price of the Tobacco by the sole sale of it here.
Sr Iohn Dãuers said that he was himselfe a wittnesse of ye great care
that the Com̃ittee tooke touchinge the Salaries, but thinkℯ it will not
be this dayes worke to answeare the Obiecc̃ons made against them,
and therefore moued that they might nowe onely heare the opinions
of the contrary side and to morrowe to consider of them and so pre-
pare the buissines against the Quarter Court.
Mr Wilmer said he was verie much discouraged and so were others
whereof he would nowe shewe the cause.
The first cause was about the im-
portac̃on of the Spanish Tobacco.
The second touchinge the Salaries.
ffirst he said in the Præamble to the Roll he had obserued that the
Companie are to beare a 10th part in the iointe Stocke for bringinge
home of Spanish Tobacco and gaue their Seale for the Security.
Whereby he conceaued that if the iont Stocke faile priuate mens estatℯ
both here and in Virginia are lyable to make good the Companies
the Companie harmeles in case the Iointe Stocke should faile. [153]
ffurthermore in the Præamble there is no caution or dispensac̃on
menc̃oned, in case the Kinge of Spaine shall raise the price of Tobacco
wch he hath alreadie donn as he is credibly informed.
Also he obserueth that the Vndertakers haue but one yeare graunted
them, for the bringinge in of the Spanish Tobacco, wch by reason so great
quantity thereof is here already in this Kingdome cannot be brought
in but with much losse or verie smale gaine if the price thereof be
enhaunced in Spayne.
It beinge almost 6, of the Clocke it was vpon moc̃on generally agreed
by erecc̃on of handℯ that the Court should be continued duringe pleas-
ure This donne mr Wilmer was desired to proceed.
Wherevpon he said he had obserued also in the Roll that the Importa-
c̃on of Spanish Tobacco is to be consigned to the Com̃ittee by whome
that buissines is to be managed to the benifitt of the Vndertakers who
are to haue no votes in the carriage of that buissines but must be
wholly left to the care of the Director and Com̃ittees.
His second cause ∥of∥ discouragement he said was the matter of Sal-
aries but spake not of it to any but the Com̃ittees.
His first reason for that the matter of Salaries as he hath heard here
in Court was sodainely and vnduely carried, that the Com̃ittee treated
sup̱ficially thereof by the fires side that the Deputy was called awaye
and therevpon that Com̃ittee brake vp and did nothinge: At the next
meetinge it was sodainely concluded vpon and so brought to the Quartr
Court where he obserued a great deale of silence and many handℯ
held vp against it.
2 Reason that the Salaries were vnseasonably giuen because no seruice
was p̱formed nor was it knowne howe well they would be deserued as
also in respect there is no money in Cash, but the Companie verie
much in debt.
3: Reason Salaries are vnecessarie if the buissines may be otherwise
managed, and thinkℯ the Director may doe good seruice by beinge a
Com̃ittee at large, and sawe no reason why the Director should haue
such an ouerulinge power, and therefore sup̱fluous.
And held also his Clarke to be vñecessarie.
To the Treasuror he allowed 100li with a Clarke.
| 1 Casheire | 50li |
| Bookep̱ | 50li [154] |
4 Com̃ittees 50li a peece supposinge 4 to be enough, but said that those
already chosen were not men conversant in marchandizinge as was
fitt they should.
As for the Com̃ittees at large he thought it best they be rewarded as
they shall deserue and so likewise inferior Officers whereby he said he
abated 1150li of the former proporc̃on.
The Lo: Cauendish moued againe that the old Com̃ittees and Coun-
sell together with the Assistantes of the Sum̃er Ilands may meete to
morrowe about it, where mr Wilmer or any other that would might
be present and giue their aduise touching that buissines.
Sr Edward Sackuill said that he would not nowe stand to giue
Answeare to prepenced and premeditated argumentℯ but desired before
they proceeded to a resoluc̃on that such as were of the contrary Opin-
ion and had giuen out that these Salaries were vnduely carried and
exorbitant in their values might haue a daye appointed for hearinge.
Mr Caswell moued that whereas mr Wilmer desires there might be
fower Com̃ittees he might be one of those that should laye downe
their Salaries and mr Barbor also desired he might do the like.
Mr Bennett said he had bin present at these passionate proceedingℯ
and that he was as much greiued at these intestine differences as at
the late Massacre: And said that he obserued many to be discouraged
at the grauntinge of the Salaries, but his hope then was his lp: would
haue disperced those Cloudℯ awaye: But for his owne part he said he
wilbe againe so well debated and considered of as matters wilbe
brought to an easie end.
Mr Wilmer protested for the better clearinge of himselfe from that
suspic̃on wch some might haue of him vpon a supposic̃on that he spake
out of Enuy towardℯ the p̱sons of those that had Salaries that he
spake it freely out of his conscience.
Sr Edwin Sandys made Aunsweare that the buissines of the Salaries
was not so vnduely carried as he conceaued for the Counsell had duely
considered thereof and brought their opinions to the Quarter Court
wch did ratifie and confirme them But he said that the Salaries (nowe
they had giuen them) cannot be taken awaye by a Quarter Court, nor
the Officers that they had chosen vnlesse they doe therevnto consent:
But he would that a time might be appointed for ye debating of these
buissinesses without passion or partiality. [155]
These thingℯ thus debated vpon it was at length agreed and ordered
by erecc̃on of handℯ that a Court should be be warned to meete to
morrowe both forenoone and afternoone to consider of the matter of
Salaries and of the best course that may be taken for setlinge of that
buissines.
It was also moued that such as haue accused mr Deputy of false
entring of a Court will prepare and produce their proufes against to
morrowe that they may be heard: Wherevnto mr Wrote said he would
forbeare to doe it for the present and prosecute it in his due time and
place hauinge appealed vnto his Matie.
The Ea: of Southampton moued in the behalfe of a Noble & worthie
gentleman Collonell Ogle (that had deserued well of the Companie
heretofore and was also still well affected vnto the Plantac̃on) that
they would please to graunt him his freedome wch request of his lp:
the Court most willingly condiscended vnto.
Mr Mellinge moued that whereas there was heretofore a booke of
Lawes for Virginia put in printe without the authority of the Com-
Companies consent, that it might be taken into considerac̃on by a
Com̃ittee appointed by the Court to the end the trueth thereof may
appeare wch point was referred to the Quarter Court.
| The records of the Virginia Company of London | |