University of Virginia Library

At a Court held for Virginia on
Tuisday in the fore∥after∥noone the 4th
of ffebruary i622

Present

   

Right Honoble	Ea: of Southampton.
	Lo: Cauendish.

                                               

Sr Edw: Sackuill.	mr Mole.	mr Wheatly.
Sr Io: Brooke.	mr Kightley.	mr ffelgate.
Sr Edwin Sandys.	mr Io: Smith.	mr Seaward.
Sr Io: Dauers.	mr Barbor.	mr Mellinge.
Sr Ro: Killigrewe.	mr Caswell.	mr Cuffe.
Sr Edw: Lawly.	mr Gookin.	mr Hackett.
Sr Io: Scudamore.	mr Hobbs.	mr Barker.
The Deane of Paules.	mr Ditchfeild.	mr Webbe.
mr Nicho ffarrar Dpt.	mr Caninge.	mr Sheldon.
mr Io: ffarrar.	mr Moorer.	mr Tho Waterhowse.
mr Gibbs.	mr Tomlins.	mr Edw: Waterhowse.
mr Binge.	mr Porter.	mr Nichollℯ.
mr Wilmer.	mr Downes.	mr Hart.
mr Wolstenholme.	mr Kirrell.	mr Elkington.
mr Bromefeild.	mr Meuerell.	mr Tatam.
mr Risely.	mr Bull.	mr Gold.
Capt̃ Harvy.	mr Withers.	mr Sparrowe.
mr Edw: Iohnson.	mr Iadwin.	mr Ley.
Capt̃ Bargraue.	mr Ro: Smith.	mr Robertℯ.
mr Bland.	mr Wither.	mr Woodall.
	mr Sheppard.	mr Taylor.
	mr Widdowes.	mr Addison.
		mr Wiseman.
		with diuers others.

ffirst was read that wch had passed in the morninge wch beinge put to
the question was by a generall erecc̃on of handℯ approued to be rightly
sett downe accordinge to the sense, effect, meaninge, and conclusion.

Mr Binge moued to knowe why in settinge downe the proceedingℯ of
the morningℯ Court, the reasons onely of one part vizt: that wch the
Court afterwardℯ concluded were sett downe and the Allegac̃ons on
the contrary part om̃itted: Wherevnto answeare was made that it
was needles to expresse those reasons and exceptions wch were disal-
lowed: And it was by diuers worthie persons approued to be the
custome of the howse of Parliament Parliament onely to record
those mayne reasons that induced the conclusion and to om̃itt the rest
as needles and fruitles.

The Ea: of Southampton said he would nowe proceed to the worke of
this daye namely to examine the rest of the Articles of mr Wrotes
Proiect; Wherevpon the third Article was read wch was this that
followe (vizt) Vnder him there may be placed a sufficient account-
ant that may be his Casheir to whome may be allowed 50li or 40li
Salary. [161]

My Lo: of Southampton willed mr Deputy to declare what the Com-
panie had concluded in this pointe, who answeared that they had
had thought fitt there should be two Casheirs one continually to
remaine in the Treasury for ∥ye∥ receipt and payment of moneyes, and
other continually to goe about to call and receaue such moneyes as
daylie growe due.

Sr Edwin Sandys said he considered in this buissines a two fold Acc̃on
the one of receauinge the other of payinge and was of opinion that

these two would not coincidere: in reguard that it would many times
happen, that at the same instant there must be moneys receaued and
paid to diuers p̱sons.

Mr Wither said that he was of opinion that there must be added a
Third Casheir in reguard that there would be an infinity of Billℯ and
specialities, receiptℯ and acquittances to be made wch would almost
take vp one mans whole time.

And whereas it was alledged that the Treasuror might imploye his
owne Servantℯ that was not adiudged reasonable to require it: And
whereas it was said that this matter and other Offices would be p̱formed
in great part for loue, and for the part publique benifitt,

Sr Edwa: Sackuill said ∥replyed∥ that he had heard great and worthie
Merchantℯ ingenuously protest that their end was their owne private
proffitt and not the publique good wch did belonge to publique p̱sons
and not to private men.

Mr Io: Smith said that hauinge spent vpon Virginia a verie great mat-
ter, he did by Godℯ blessinge hope to receaue this yeare, a good quan-
tity of Tobacco wch he would not willingly haue come vnder the handℯ
of them that would performe the buissines for loue and not vpon a
good and competent Salary, and his opinion was, that the imploy-
ment of these Salaries Casheires would be so great as they should be
enforced to keepe Servantℯ vnder them, for from them must come the
Instrucc̃ons to sue out Processe, Billℯ, Informac̃ons, Declarac̃ons. Cr.

Wherevpon it beinge put to the question whither they thought it pos-
sible that one Casheir cann p̱forme the buissines of this charge, It
was passed by a generall erecc̃on of handℯ (saue onely one) that it was
not possible: And beinge put to the question whither they held it
necessarie to haue two Casheires it was generally agreed vnto. [162]

After this was read the 4th Proposition wch was as followeth (vizt)
There may be ten Com̃ittees, whereof fower to be chosen by the Sum̃er
Ilands Companie of the number of their Assistants and six by the
Virginia Companie to each Com̃ittee 20li Salary may be allotted.

The Addic̃on to the number of the Com̃ittees was not disliked but for
the Salary of 20li to each it was adiudged much too litle: ffor whereas
by the Proiect they were to meete at least two dayes in the weeke, Sr
Edward Sackuill said that that was but 11 grotes a daye, but he was of
opinion that they should be enforced to meete so often as perhapps it
would not come to 12d a daye.

It was also said that men beinge in Trade whither Marchauntℯ of
∥or∥ Shoppkeep̱s could not spend so much time for so litle but very
much to the preiudice and neglect of their estatℯ; wch when they
should p̱ceaue although they might p̱happs at first beginn out of the
abundance of conscience yet that would quickely faile and thinkinge
themselues bound by a great bond of conscience to prouide for their
owne charge will either negligently followe the buissines or elℯ p̱happs
seeke some indirect courses to satisfie themselues to the full of their
paines and labor, wch reasons and diuers others beinge well considered
of his lp: at length put it to the question whither the Companie did
thinke Ten Com̃ittees so salariated as in the Article is sett downe,
would suffice to doe the buissines to the content of the Companie, it
was by a generall erecc̃on of handℯ (onely two dissentinge) denied
and disliked.

§It was also put to the question whither they had rather haue 8: Com̃-
ittees with 50li a peece as was formerly ordered it was generally
agreed.§

After this was read the fifte Article wch is as followeth (vizt:) There
may six gentlemen be chosen indifferently out of both Companies wch
may be in quality of Assistants to the Treasuror to whome no Sallary
shalbe allotted, but in case the buisines proues by their industrie and
good carriage profittable the Companie may with some smale gratuity
testifie their good acceptance of their endeauors and also com̃end them
further to the Lord Treasuror of whome it may be hoped that he wilbe
pleased to consent to giue such a moderate guift.

Against this Proposition was obiected that instead of one Director
there were six sett vp, wch kinde of forme would breed both infinite

confusion in Counsellℯ and determinac̃ons and delay in execuc̃on of
matters. [163]

It was also said that the mayne part and substance of the buissines
consisted in matter of proffitt and tradinge: In wch thingℯ Gentlemen
beinge not expert, it was not conceaued, howe §they§ by their indus-
trie and good carriage should so much aduance the buissines.

It was also generally conceaued that the gentlem̃ beinge of worth and
giuinge continuall attendance, the gratuity menc̃oned could not be
lesse then 100li a man whereby the charge would be much encreased.

In the end his lp: put the Article to the question and by a generall
erecc̃on of handℯ it was disliked.

After this was read the 6: Article wch is as followeth, to the Bookeeper
there may be allowed 60li per Añu, to the Beadle 15li per Añu, To the
Husband 15li per Añu.

The abatement of allowance for the Bookeeper and Beadle were dis-
liked, And for the matter of the Husband who must be a man of
creditt and worth beinge to haue vnder his hand the whole Stocke
and bound to giue continuall attendance, the allowance of 15li was
adiudged that he must giue a Servant vnder him more Wherefore the
Article beinge put to the question it was by a generall erecc̃on of
handℯ disliked, and on the contrary the Salaries proporc̃oned by the
Companies well liked and approued.

After this was read the 7th Article vizt To a Clarke for to waite wholly
vpon that buissines 30li.

And it was generally adiudged that it was impossible that one Clarke
should suffice, and mr Deputy said that although the Secretary kept
two men vnder him, yet he was not able so to ouercome the buissines
of the Companie as that he might haue his attendance for the dispatch
of buissines, Wherefore mr Deputy said he was forced as diuers of the
Companie well knewe to keepe a Clarke at his owne charge; and for

this buissines he said according to his vnderstandinge there would
arise an infinite deale of writinge to him that had the Deputies place.

In the end the Article beinge put to the question to haue on Clarke
was by generall erecc̃on of handℯ disliked.

After this was read the 8: Article wch followeth (vizt) ffor a house
wherein no man that hath a family should dwell but the Howskeeper
60li p̱ Añu or at most 80li sufficient Warehowse comprized therein: wch
beinge put to the question it was [164] by a generall erecc̃on of handℯ
thought impossible that 80li a yeare should procure a fitt howse and
sufficient Warehowse roome instance beinge made in the howse
wherein the Courtℯ at present are kept, for wch hath bin offered 100li
p̱ Añu. and yet it is not capeable enough for the Companies vse for
Courtℯ: And as for Warehowse roome it was by diuers affirmed that
60li p̱ Añu more then belongℯ to the said howse would not suffice:
Wherevpon the Article being put to the question was by a generall
erecc̃on of handℯ disliked.

After this was read the 9th Article vizt To the Solicitor accordinge to
the discretion of the Assistants and Com̃ittees wch beinge put to the
question was by a generall erecc̃on of handℯ disliked.

After this was read these words followinge The whole charge of offi-
cers howse and Comittees will not amount to 600li at the Vttermost
for Sallary and hows-rent so in this alone there is saued aboue 1200li
p̱ Añu Concerning wch the Court declared their mindℯ that they
made no question of his Mats Royall disposition in rewardinge of all
that did him seruice but since by his Mats royall grace and the Lord
Treasurors Noble fauor, the appointinge of Salaries and recompenc-
inge of Officers that should take paines was left to the Companies
owne iudgement, they were desirous to make vse of it without touch-
inge his Matie or the Lord Treasuror and so this Article beinge put to
the question it was by erecc̃on of handℯ disliked.

After this was read these wordℯ: to all these officers I would haue an
oath giuen: To wch answeare was made, that was ordered by the

Companie in the Quarter Court, and the extraordinary Com̃ittee
beinge the Lord
           

Lo: Cauendish ∥Padgett∥.	mr Gibbs.
Lo: Maynard.	mr Wrote.
Sr Edw: Sackuill.	mr Io: Smith.
Sr Io: Brooke.	mr Robt: Smith.
Sr Io: Dãuers.
Sr Hen: Mildmay.

desired to take it into their considerac̃on together with mr Deputy.

After this was read these wordℯ vizt And for that the importation of
Spanish Tobacco is a mayne Branch of the Contract the Præamble
may be altered so in fauor of the Aduenturers that many men may be
encouraged to subscribe who nowe [165] forbeare by reason of the
heard condic̃ons proposed therein: Wherevpon mr Wilmott declared
3 exceptions that hindred him from writinge to the Roll, ffirst in that
he did not conceaue that the bringinge in of the whole quantitie was
certainely assured to the Aduenturers but onely the 40000 waight.

And further that the bringinge in of the 40000 wtt was strictly tied to
one yeares Terme and so the Aduenturers had not the same liberty
as was by the Contract graunted to the Companie.

Thirdly he desired that if the Companie would beare a part, they
would giue better security then their Seale.

Mr Mole also said that he conceaued that the matter of fower Shares
and the lendinge of the Companie a Tenth part hindred many Aduen-
turers: Herevpon the Roll was read and for mr Wilmotts doubtℯ it
appeared plainely, that the Vndertakers of the first 40000 waight, if
they would they might bringe in the rest excludinge all others and if
not they might leaue it wch was conceaued a verie advantageable
pointe vnto them.

ffor the second it was declared that the Companies intent was to
graunt these vndertakers as much liberty as themselues had and so it
was in the begiñinge plainely expressed where it is said that they

shall bringe in this yeare 40000 weight, if conveniently they may, and
if they cannot bringe in the whole conveniently then as much thereof
as they can conveniently.

ffor mr Moles Obiecc̃ons it was aunsweared that if he could certainely
saye that any considerable Som̃e would be brought in, if that clause
of buyinge fower Shares were rem̃itted the Companie would consider
of it, but otherwise without aduantage to alter it were but to shewe
vnconstancy, and as for lendinge the Companies a Tenth part of the
Stocke brought in since by other meanes, the Companie could not
beare a part, the Aduenturers that had already vnderwritten had
desired that clause, and without the Companies beare a part wth them
they would withdrawe the Som̃es they had vnderwritten, wch diuers
of them beinge present confirmed.

After this the Article of the Roll was put to the question, that excepted
that was before, It was by erecc̃on of handℯ generally disliked. [166]

After this the next Article wch followeth, To these may be added some
Comittees at large and those of eminent quality and great Adventur-
ers in one or both the Plantations to whome equall power and vote
may be giuen with the other wch beinge read it was put to the question
whither the Companie did like of that Article that superinduce ye
Third order of the Com̃ittee: The affirmatiue had no handℯ the Neg-
atiue all.

The Court ordered to continue duringe pleasure.

After this the Lord Cauendish takinge the Chaire and begininge a
Sum̃er Ilands Court proposed vnto the Court all those seuerall Arti-
cles wch had bin p̱ticulerly examined and passed in the Virginia Court,
and at the desire of the Court put them all to the question, the said
Companie ratifyinge and confirming whatsoeuer the Virginia Com-
panie had donn.[52]

The Sum̃er Ilandℯ Court is likewise ordered to continue duringe
pleasure.

After this the Ea: of Southampton takinge againe the chaire read the
next Article wch is as followeth And in case that part of the Contract
be punctually obserued, that all the Tobacco be sold in Bancke, it wilbe
necessary to drawe a Præamble to a second Roll whereby the Brothers
of the Company may be admitted to subscribe what somes shall thereby
be limited for the buyinge of the Tobacco wch poore Planters shall
bringe into into this Kingdome, that they may not suffer by expectinge
the sale of their goodℯ and attendance for money: wch Sr Edwin San-
dys said the Counsell and Com̃ittees had taken that point often into
their considerac̃on, and they conceaued it would not be donn but by
Roll, but they had determined nothinge therein, but would with all
seriousnes and were considered ∥care consider∥ what course was to
be held for the best aduantage and content of the Planter.

After this was read the last part of mr Wrotes Proiect wch followeth,
I could wish these pentions were changed into gratuities accordinge
to the merrit of euery mans endeauors at the end of the yeare when
the buissines is donn, and it plainely appeares that the Proiect aun-
sweares expectation in pointe of proffitt: The course therein pro-
pounded for gratuities was vtterly disliked it beinge contrary to the
Contract with his Matie wherein it was agreed that the Officers should
be rewarded by Salaries. [167]

And herevpon Sr Edwin Sandys tooke occasion to acquainte the Court
howe by the Contract his Matie is to receaue his part at our lady day
and Michalmas accordinge to the proporc̃ons that shalbe then receaued.

Wherevpon there was a necessity of settinge downe the Salaries at
the begininge for if they should be deferred till the later end all the
charges would lye vpon the Tobacco that comes home last and the
Sumer Ilands wch comes at the begiñinge of the yeare would passe free.

Sr Edw: Sackuill said that seingℯ Salaries that haue bin so much talked
of, continue but for one yeare and then both Salaries and Officers are
newe to be chosen, he could not see what great inconveniences can
followe the graunt if the worst fall out.

But mr Moorer said the Salaries were dissorderly carried because the
Salaries were first proposed and passed and afterwardℯ the men chosen

vnto them: But to this Sr Edward Sackuill replied that that shewed
the contrary that they were fairely carried, for had the men bin first
chosen, it might haue bin obiected that the Salaries were made the
larger in fauor of the p̱sons, but it being first passed before these p̱sons
were knowne, it was meerely in contemplac̃on of the paines and
charge of the Office wch opinion the whole Court generally assented
vnto.

My Lo: of South̴ton put it to the question whither they did concurr
with mr Wrotes wish in this last part of his Proiect, the affirmatiue
had no handℯ, the Negatiue had all.

Mr Rider moued that some speedie order might be taken for ready Sale
of the poore Planters Tobacco: But he was aunsweared that no cer-
taine order could as yet be made therein, but the Counsell and Com̃it-
tees would take it into their care and himselfe and all others were
desired to consider what course they could finde.

The Ea: of Southampton said that whereas mr Wrote brought a
Proiect vnto the Court with an opinion of proposinge a better and
thriftier waye for managinge the Tobacco: The Companie hauinge
this day exactly examined by parts in euery perticuler haue with a
generall consent dissallowed of them, saue onely in that clause that
agrees with the former order. [168]

After this the pap̱ presented by mr Binge in morninge on mr Wrots
behalfe titled obiections against the salaries were read wch beinge put
to the question by the Ea: of Southampton whither the Companie
did thinke them worthie of further considerac̃on the affirmatiue had
no handℯ the Negatiue had all the handℯ, The Coppie of wch writinge
doth here ensue.

Vpon the moc̃on of the Lord Cauendish a Com̃ittee is appointed and
ordered to meete to morrowe morninge to read and examine whither
the Patentℯ ordered to be drawne vp be so donn in the vsuall forme.

Ea: of Southampton passed two Shares to mr George Garrett.

Mr Iohn ffarrar passed ouer one Share to mr Robert Harley.

Mr Iohn ffarrar passed one share to Elias Southerton.

The Lord Cauendish mouinge that whereas mr Deputy standℯ charged
by mr Wrote with an accusac̃on of false entringe a Court the 7° of
October last that the same might be examined, and accordingly the
Court declare their opinions therevpon, but it was thought fitt to be
donn at the ∥by a∥ Quarter Court, wherevnto the Accuser hath
appealed.

The Virginia Court beinge ended and the Lord Cauendish takinge
againe the Chaire proposed vnto the Sum̃er Ilandℯ Companie whither
they did concurr in opinion with the Companie of Virginia touchinge

mr Wrotℯ obiecc̃ons against the Salaries It was therevpon generally
acknowledged by the whole Court that they did vtterly dislike it.

And it beinge also moued, that whereas mr Io: ffarrar standℯ accused
by mr Wrote of seuerall pretended matters touchinge orders of Courtℯ
[170] mr Deputy might likewise come to his hearinge and tryall the
next Quarter Court for the Sum̃er Ilandℯ: The moc̃on was held so
iust and reasonable as the Court could not deny it him.