The records of the Virginia Company of London

mr Iohn ffarrar.	mr Robertℯ.	mr Webb.
mr Deputy.	mr Sheppard.	mr Ley.
mr Alder: Iohnson.	mr Balmford.	mr Cuffe.
mr Gibbs.	mr Copland.	∥mr Bolton.∥
mr Phesaunt.	mr Swinhowe.	mr ffotheringill.
mr Scott.	mr Viner.	mr Hobbs.
mr Caninge.	mr Geo Robbins.	mr Sparrowe.
mr Dike.	mr Edw: Waterhowse.	mr Paulson.
mr Caninge.	mr Kirby. mr	mr Briggs.
Capt: Bargraue.	mr Woodall.	mr Ioseph Man.
mr Moorer.	mr Geo Smith.	mr Myron.
mr Bland.	mr Meuerell.	mr Woodnorth.
mr Barbor.	mr Gough.	mr Sheldon.
mr Mellinge.	mr Nichollℯ.	mr Haske.
mr Downes.	mr Rider.	mr Etheridge.
mr Rogers ∥Senier[84] ∥.	mr Hardinge.	mr Leuer.
mr Caswell.	mr Edwardℯ.	mr ffelgate.
mr White.	mr Sherwin.	mr Iadwin.
	mr Barnard.	mr Wiseman.
	∥mr Iadwin.∥	mr Carles.
		with diuers others.
		[244]

The Lo: Cauendish signified that whereas at the last Court the Com-
panie tooke into their considerac̃ons certaine Propositions wch after
deliberac̃on they agreed should be moued vnto the Lordℯ of the
Counsell and therevpon the Court appointed a Com̃ittee to drawe
the same vp in writinge and present it to their llps Accordingly the
said Comittee proceeded and himselfe with diuers others presented it
vnto the Lordℯ beinge this wch followeth together with the Remon-
strance formerly ordered to be deliuered vnto the Lordℯ touchinge the
Impossibility and great damage that would arise vnto the Plantation,
by beinge bound to bringe in all. To the first writinge Sr Nathaniell
Rich made replie vnto some partℯ thereof and withall offered a Pap̱
of Obiecc̃ons against the Contract: In the end after a long debate and
many contestac̃ons, aswell concerninge that as other buissines they
were willed to withdrawe themselues, and within a while after the
Customers beinge first called in some of the Companies also were
called in, and the Lo: Treasuror signified vnto them that himselfe and
the rest of the ll͠s were resolued to acquaint his Matie with the matter,
but for themselues hey declared their opinion to decline incline,
that the Companies should rather paye money as Sr Natha: Rich and
the rest desired: As for the Kings part the Lord Treasuror said, there
was no abatement to be expected, but for the Customers they were
contented for the present to ∥loose∥ 3d of their 6d. So that the pay-
ment for the Tobacco at present should be but ixd.

To the right Honorable the Lords
and others of his Maties most Honoble
Privy Counsell.

The humble petic̃on and Proposition of the
Companies for Virginia and Sum̃er Ilandℯ.

We haue vnderstood from yor llps that notwithstandinge the Contract touch-
inge Tobacco concluded with his Matie, It hath pleased him of his great grace

336

and care of the Plantations to offer vnto the Companies a free deliberac̃on of
some greater ease and benifitt, for the encouragement and advancement of the
Companies and Collonies, wch it hath pleased also yor llps out of yor like noble
disposic̃ons, verie fauorably to com̃end vnto vs, and withall to require, that as-
well the Companies as the part opposite to the said Companies and Contract
should reduce into writinge and soe offer the same to yor llps considerac̃on and
iudgment. [245]

In thankefull acknowledgement of this his Mats grace and duetifull obedience
to yor llps graue direcc̃on, the Courtℯ of the said Companies haue bin assem-
bled and the part opposite desired to be present at the same Courtℯ, that set-
tinge aside all studie of facc̃on and contradicc̃on wee might with the mayne
force of reason, trye out what was most behoufull for the Plantations and so
with vnanime consent present the same to yor llps fauourable veiwe.

Howbeit notwithstandinge this our earnest desire the principall p̱sons of the
said Opposites vouchsafinge not their presence; Yet diuers of the Cittizens
adheringe to their part were both present and heard at large propoundinge
their opinions and reasons: After a longe serious and peaceable deliberac̃on of
all the seuerall partℯ of the aforesaid Contract as also of some other newe
Propositions wch had bin made, both the Courtℯ with a generall and vnani-
mous consent (no one dissentinge) concluded vpon these seuerall Articles of
Proposition and Petition wch here in all due∥ty∥ wee most humbly offer to
yor llps better considerac̃on and fauourable acceptance if they shall appeare
so to deserue.

ffirst touchinge the sole Importac̃on of Tobacco to be graunted to the said
Companies together with the inhibitinge of the plantinge thereof within his
Mats Kingdomes of England and Ireland beinge the principall part and funda-
mentall part of the said of the Contract: wee conceaue that without the p̱fect-
inge and continuinge of this Graunt for these seauen yeares agreed on, neither
of the Plantations as nowe can possiblie subsist: The Sum̃er Ilandℯ beinge
scarce capable of that soyle and §any other§ Com̃oditie by reason the earth
lyeth so shallowe vpon the Rocks, and the better comodities lately sett vp in
Virginia requiringe some reasonable time for their encrease and p̱fecc̃on.

ffor although in former times when the quantitie of Tobacco from the Planta-
c̃ons was smale, and that imported from other forraigne partℯ was likewise not
great, the vent of both might stand together and both the one and the other
beare an indifferent price, yet nowe the quantities of both beinge manifoldly
doubled must needℯ soe ouercloye the markettℯ for Sale, that without the
restrayninge thereof by a sole Importation[85] ∥the price thereof must needℯ

337

fall to so vnvaluable a rate as not to defray the verie custome and other neces-
sarie charges: Secondly it being true wch was deliuered before yor llpps that
meaner sorte of Tobacco in Spayne∥=§may be bought at this day for the
value of 6d or 12d at the most wch happeneth by reason ye Tobacco of the West
Indies is made by the Negroes and other Slaues at a verie smale charge & con-
trariwise the Tobacco in the very Plantations themselues beinge rated by the
Planters at a much higher value, besidℯ ye custome here Some and other
charges necessary It must needℯ followe that the Spanish Tobacco wilbe here
much the cheaper and consequently ouerthrowe the Sale of that of the
Plantac̃on.

A third reason wee will only touch and soe leaue to yor llps much deep̱ consid-
erac̃on beinge ye same that moued ye lower howse in ye late assembly of Par-
liamt to passe a Bill to like effect for the sole Importac̃on, where it was made
manifest by the experience and confession of all ye Spanish m9chantℯ yt the
liberty of importinge of Spanish Tobacco, what by the price of the Tobacco it
selfe & what by the vndersale of our Natiue Com̃odities for the procuringe
thereof was to the damage & losse vnto this Kingdome of at least 100000li sterling
by the yeare wch elℯ might be returned in Coyne & Bullion for or said natiue
Comodities, Besidℯ it was conceaued yt nothinge could be more honoble or iusti-
fiable for a State then to establish the Vent of the Subiectℯ naturall Comodity,
such as is the Tobacco growinge in the said Plantac̃on; before the importinge
of the like forraigne Comodities from other partℯ wch could not be but to the
hurt and greivance of the Subiect wch course is also held firme and setled by
sundrie prouident and pollique constituc̃ons both in § in Spaine it selfe and
many other Christian Dominions, So that the Companies most humblie beseech
first his Matie and then yor llps, that for the matter of sole Importation by the
said Companies there may be no alterac̃on from the graunt intended in the said
Contract, wch they conceaue cannot be without the ruine of both the Planta-
tions hauing hitherto wrought and traffiqued vpon a wastinge Stocke, wch they
hope by this graunt may nowe at length be renued.

And as touchinge the obligac̃on laid vpon the Companies by the said Contract
for the bringinge in of fowerscore thousand waight of Varinaes Tobacco in the
first two or three yeares: yor llps may be pleased to be advertized that vpon the
makinge of the said Proposition by the Right Honoble the Lord Treasuror, wch
not till the Treaty of the said Contract had bin on foote for a good space, the
Com̃ittees for the said treaty authorized by the Companies did present vnto
his lp: eight waightie reasons, against the said Proposition wch reasons were
afterward approued by the Courtℯ, but his lp: for more important reasons as
it seemed knowne vnto himselfe insistinge still vpon the said Proposition, in
such sorte that without yealdinge therevnto the Contract could not [246] pro-
ceed: The Companies rather then to loose so benificiall a Graunt as the matter

338

of sole Importation, in fine also assented vnto that Proposic̃on Howbeit if it
may please his most Graceous Matie and yor noble llps to discharge the Contract
of that Proposition either in whole or part they shall with all duety acknowl-
edge it for a most remarqueable fauor: yet rather then infringe the vertue or
dissolue the body of the said Contract they do ∥againe∥ vnanimously submitt
themselues to the said Proposition.

Concerninge the retribuc̃on to be made vnto his Matie by vertue of the said
Contract and in leiue of his grace, yor llps may also please to be aduertised
that the first offer made on the Companies behalfe to the Lord Treasuror was
only of a fourth part of all their Tobacco but his lp: by computac̃on of the
quantities of Tobacco likely yearely to be brought in, conceauinge that the
said fourth part would not make vp that Revenue wch his Matie had formerly
receaued for that sole Importac̃on, and insistinge vpon a Third part, the Com-
panies in demonstrac̃on of their great thankfullnes vnto his Matie for the said
sole Importation assented to that third, neither for any thinge that they haue
yet heard from the opposite p̱t, see any iust cause to repent them of: Not-
withstandinge if it shall please his Matie out of his abundant goodnes to vouch-
safe the acceptance of their first offer of a fourth part, they shall not onely
acknowledge and publish his Maties said goodnes, but also studiously apply
themselues to their vtmost endeauors to raise to his Matie so large a proffitt
out of that fourth part, as may be, answearable to the expectac̃on of mayn-
teyninge the former Revenue.

The next cosiderable pointe in the Contract is ∥in∥ the matter of custome,
wherein the Companies haue yealded to paye vjd p̱ li for Roll Tobacco and 4d
for leafe for so much thereof as shall belonge to their p̱tℯ; Nowe forasmuch
as diuers of the Opposite p̱t, haue informed the Courts that the Customers are
nowe willinge in fauor of the Plantations to take onely 3d the pound one with
another: They are bold vpon this occasion to renue vnto yor llps remembrance
that wch formerly they haue deliuered to this Honoble Bourd vizt That by his
Maties Letters Patentℯ of foundac̃on of the said Plantation the Companies and
their Successors both Aduenturers and Planters are for euer discharged from
all Taxes and imposic̃ons to be laid by his Matie his heires and Successors
excepting onely the fiue p̱ centũ after the vse of Marchantℯ, and seinge that
6d p̱ li for roll Tobacco and 4d for leafe expressed in the printed booke of ratℯ
was sett before there was any Tobacco in the said Plantations and there is an
order sett downe in the said booke of ratℯ that for all other Comodities om̃itted
in the said Booke they shalbe valued by Marchantℯ from time to time as there
shalbe occasion: The Companies did agreeably therevnto petic̃on that for the
Tobacco of ye Plantac̃ons (beinge not of halfe the value to the Spanish Tobacco
∥wch∥ was rated in that booke at Ten shillingℯ Roll, and Six Shillingℯ eight
pence leafe Tobacco the [247] pound) there might be a newe and indifferent

339

valuac̃on made by it selfe accordingly as was donn in the same Booke, for
lynnen and Wynes of the same kindℯ but of different Countries, respect
alwayes beinge had to the ∥true∥ value of the Com̃oditie:

Divers of yor llps also may be pleased to remember that vpon his Mats Procla-
mation for prohibitinge the plantinge of Tobacco in this Realme the said Com-
panies beinge called before the Lordℯ then Comissioners for the Treasurie and
treated with for the payinge of 12d the pound for Roll Tobacco, and 10d for
leafe that is to say for an addic̃on of 6d p̱ li to the said former ratℯ: The Com-
panies in thankfull acknowledgment of his Mats grace did yeald therevnto for
the terme õly of fiue yeares; yet with this protestac̃on that they did yeald
onely 3d the pound for the Custome and the rest in thankfull retribuc̃on to his
Matie wch Proposition they desired might be entred in their ll͠ps Recordℯ: The
Companies (yet ∥therefore∥ without intent to infringe the said Contract in
any thinge) most humbly beseech yor ll͠ps that if the Customers be content to
accept of the said 3d for Custome, wch in lawe and equity is more then their
due that the same may be accordingly ∥sett∥ downe in this Contract: But if
the Customers as some conceaue haue onely made this offer to drawe on the
Customers Companies into farr greater inconveniences, (amongst wch the depriu-
inge them of the said sole Importac̃on) then in that case they shall become
most humble Suitors vnto yor ll͠ps that with yor ll͠ps good fauor they may try
the validity of their Patentℯ with the said Customers, and pay them so much
as by iudgement of lawe shall fall out to be due vnto them.

And ∥as∥ touchinge the sole sale of all Tobacco imported to be likewise man-
aged by the Companies, they havinge taken it againe into verie serious con-
siderac̃on do finde by all reason and experience of Marchauntℯ that it will
greatly aduance the price of the Comodity and consequently as well that of his
Mats part as that of the Aduenturers and Planters And as for the reasons made
by the Opposite part they conceaue them to be light and priuate, ∥as∥ tendinge
only to the aduantage of some fewe who either by vsurpac̃on or oppressiue
courses in the Plantations or here at home by some extraordinary art and dex-
terity beinge able to ouerreach or outgoe their fellowes desire to goe single
from them in all their courses, but to the generall good (wch the Companies
are bound to respect) they hold the contrarie Proposition to be extreamely
preiudiciall.

Lastly concerninge the poore Planters of whome the Companies haue (as they
ought) a speciall reguard yor llps may please to be informed that the quantitie
of Tobacco brought home in right of their proprietie is for the most part verie
smale it beinge expended in the Plantac̃ons amongst the Marchantℯ tradinge
thither with their seuerall necessarie Comodities But for the poore Planters
wch [248] themselues came ouer in p̱son and need a more speedie returne then
the ordinary course of the Companies sale may perhapps afford, there haue

340

been diuers extraordinary wayes taken into considerac̃on and concluded on by
the Courtℯ, too longe here to trouble yor llps with the expressinge of them in
p̱ticular beinge ready if yor llps require to be shewed vnto you out of their bookℯ.

And whereas it hath bin informed by some in the Courtℯ that the Lord ∥Trer∥
in reliefe of the said poore Planters and for the furnishinge of them with readie
money would be content that his Mats part should be paid in at one payment
at the end of the yeare: They conceaue that the addic̃on of this extraordinary
fauor will giue the Companie abundant meanes for the poore Planters reliefe
whereof the Companies shall make vse accordingly.

ffinally the said Companies with vnanimous consent in all sincerity and duety
are bold to affirme and that confidently to yor ll͠ps that hauinge thus taken the
Contract assunder into his seuerall partℯ and reexamined the same with their
best vnderstandinge and skill they doe not finde any iust cause of so greiuous
complaint against it, as hath bin made by those men who beinge Members of
the Companie and most of them hauinge bin present at the negotiatinge of the
said Contract and hauinge giuen their expresse consent vnto it, do nowe vpon
priuate humor oppose against it, valuinge their owne willℯ aboue com̃on con-
sent and the iust rules of gouerment: Notwithstandinge if it shall please his
Matie and yor Honoble llps in tender care and fauor of the said Plantations to
graunt a qualificac̃on of the pointℯ of the Contract before expressed: both the
Companies and Plantac̃ons shall thereby receaue a singuler encouragemt to
proceed in their labourious and costly courses of bringinge the said Plantac̃ons
to their desired p̱fecc̃on and remaine euer studious by their vttermost endeauors
to expresse their thankefulnes first to his Matie and then to yor llps for the same:
And howsoeuer the Companies vnanimously desire that the said Contract may
proceed, and be continued for these seauen yeares formerly accorded.

[84]

Written over the word "Iun."

[85]

For the insertion between the lines and in the margin by Collingwood, and continued by the
copyist to page 000, see Plate 00.

University of Virginia Library

At a Court held for Virginia on Monday in the Afternoone the 24th of March i622

Present

At a Court held for Virginia
on Monday in the Afternoone
the 24th of March i622