University of Virginia Library

At a Court held for Virginia on Wedensday
in yE afternoone yE Second of Aprill 1623.

Present
Right honoble

         

Ea: of Warwick.	Colonell Ogle.
Lo: Cauendish.	Sr Nath: Rich.
Lo: Pagett. ∥Sr Edw Sackuill.∥	Sr Sam: Argoll.
Sr Io: Brooke.	Sr Thomas Wroth.
Sr Edw: Sandis.	∥Sr [Edw:] Horwood.∥ [249]

                                                       

Aldr̃an Iohnson.		mr Caninge.
Doctor Gulstone.		mr Scott.
mr Deputy.		mr Balmford.
mr Io: fferrar.	∥mr Christ. Brooke.∥	mr Addison.
mr Edw: Iohnson.	∥mr Iarrett.∥	mr Combe.
mr Wolstenholme.	∥mr Haruey.∥	mr Ro: Smith.
mr Palavicine.	∥mr Gibbs.∥	mr Roberts.
mr Wilmer.	∥mr Tomlins.∥	mr Caswell.
Capt Nath: Butler.	∥Dr Anthony.∥	mr Nicholls.
mr Bing.	∥mr Widdowes.∥	mr Iadwin.
mr Palmer.	∥mr Withers.∥	mr Hobbs.
mr Berblock.	∥mr Bennett.∥	mr Rogers.
mr Barbor.	∥mr Caning.∥	mr Waterhouse.
∥mr ffursnan.∥	mr Wiseman.	∥mr Bland.∥
∥mr Ditchefield.∥	mr Ley.	∥mr Hackett.∥
∥mr Copland.∥	mr Meuerell.	∥mr Webb.∥
∥mr Baynham.∥	mr Bull.	∥mr Wade.∥
∥mr Vyner.∥	mr Sheldon.	∥mr Ryder.∥
∥mr Couell.∥	mr Norwood.	∥mr Tatam.∥
∥mr Leuer.∥	mr Widdowes.	∥mr Moore[r].∥
∥mr Coytmere.∥	mr White.	∥mr Budg.∥
∥mr Hart.∥	mr Cuff.	∥mr Southerton.∥
∥mr Harwood.∥	mr Briggs.	∥ffotheringill.∥
∥mr Taylor.∥	with diuers others.	∥mr Wye.∥
∥mr Goodyeare.∥		∥mr Barnard.∥
∥mr Boothby.∥		∥mr Collett.∥
∥mr Edwardℯ.∥	∥mr Ewens.∥	∥mr More.∥
	∥mr Dounes.∥	∥mr Truloue.∥

∥mr Seaward mr Bãnham mr Woddall mr Newport mr Newport
Woodnorth mr Georg Smith mr Witherell mr Rogers Iunior mr Perry
mr Elkington mr Robertℯ Iunior wth diuers others.∥

At[86] this Court was read first the Court held the Two & twentith of
ffebruary; wch after some pause and noe man taking excepc̃on thereat,

was putt to ye question, whither the Company conceaued the said
Court to be in effect and substance truly sett downe; It was by a
generall erecc̃on of handℯ (noe one dissenting) approued to be rightly
sett downe.

Secondly there was read ye Court held the ffoure & twentith of ffeb-
ruary, whereat noe man taking excepc̃on, it was in like manner putt
to the question, and by a generall erecc̃on of handℯ (noe one dissent-
ing) approued to be rightly sett downe.

Thirdly there was read the Court held the nyneteenth of March
following ∥followinge∥, wch by a generall creccon of handℯ (noe one
dissenting) ∥by a generall erection of handℯ no one dissentinge∥ was
∥also∥ confirmed to be rightly sett downe.

Lastly was read the Court held the ffoure & twentith of March, wch
after some pause and noe man taking excepc̃on was putt to ye ques-
tion & by a generall crecc̃on of handℯ ∥put to the question and by a
generall erection of handℯ∥ approued to be rightly sett downe noe one
dissenting ∥no one dissentinge∥.

After this there was read the Letter receaued by ye Iames from the
Gouernour and Counsell of Virginia, who desiring that their humble
thankℯ might be presented to his Matie for his gracious fauour in that
supply of Armes & Munition sent them; the performance thereof
was recomended by the Court to Sr Edward Sackuill; who was also
desired vpon fitt opportunity to moue his Matie for ye ffoure hundred
young persons formerly petic̃oned.[87]

Mr Palauicine moued in mr Wrotes name for a coppy of his Sentence,
wch was ordered accordingly should be giuen him by the Secretary.

Sr Nathaniell Rich said, that hauing had of late speech wth the Lo:
Treasuror, he vnderstood from him soemuch, as he conceaued, that
if the Companies would petic̃on, they might haue the Sole Importac̃on
of Tobacco, wth the excepc̃on onely of fforty thousand weight of
Spanish Tobacco to be brought in yearely; wherein they should haue

more fauour then any other vndertakers; He therefore moued, that
the Companies would accordingly petic̃on the Lord Treasuror. This
moc̃on was by some liked [250] and approued, who affirmed, that the
Companies hauing the graunt of bringing in the Spanish Tobaccoes
might farme it out to others and thereby gayne 1000li yea perhaps
2000li a yeare. But herevnto answere was made, that it were better
for ye Company, that the Importac̃on of Spanish Tobacco (since it
must needℯ be graunted) should be in Strangers handℯ then in ye Com-
panies; who could better looke to it, & prevent the stealing in, then
they could; wch could not be done by them, but by raysing a great
deale of charge for Salaryes (a thinge soemuch declaymed against)
And for the matter of Sole Importac̃on, wch the Companies had soe-
much desired, that was a totall exclusion of all forraigne Tobacco wch
the Companies sought for; But if there was a necessity, that a cer-
tayne quantity of forraigne Tobacco must be brought, it was all one
to the Plantac̃ons, whither it were in the Companies or others handℯ;
But if soe be it could not ∥not∥ be procured ∥from∥ his Matie and the
Lo: Treasuror, that a Sole Importac̃on of Tobacco should be graunted
to the Companies, wth a forbidding of all others (except for some
smale quantity) and that for Two or Three yeares at ye most, and this
to be confirmed by his Mats Lr̃es Pattents, and that together wth the
abatement of Three pence in ye pound and the Companies left to their
libertie to bring in what they pleased; that were indeed a singuler
fauour vnto the Plantations, and the Companies should be highly
beholding to those Gentlemen by whose meanes it should be procured
& obteyned.

As for this moc̃on (as it was propounded) it was not conceaued to be
any more in substance, then that whereas there is a quantity of 40000
wtt of Spanish Tobacco to be brought in, the Companies should haue
the farming of it, wch was not conceaued any such benefitt, as the
Companies should moue therefore.

But in case there were an intent to graunt a free importac̃on of all
sortℯ of Tobacco vnstinted, wch in reguard, that the State had see
wth soe much prudence, reduced to the quantity of 60000 weight, was
not to be imagined the free importac̃on, hauing beene found soe great

a detriment and damage vnto this kingdome: It was then generally
adiudged, that the Court ought to vse all possible meanes & dilligence
to prevent that wch would vtterly vndoe the Plantac̃ons.

Wherefore Sr Nathaniell Rich was desired by the Court, to bring his
Propositions well digested, & fully to informe himselfe, what fauours
they might hope to obtaine & vpon what retribuc̃on; for as the Prop-
osition was now made, it was not conceaued any thinge beneficiall, or
that the Companies should stirr in it.

There was presented to this Court a petic̃on of Captaine Iohn Martins;
wherein he declared wth much thankℯ his humble acceptance of the
Pattent that was offered him ∥by the Company∥ although in ye matter
of rent it differed from the Earle of Southamptons. And whereas it
was signified, that Captaine Martin being by his sayd Pattent to haue
[251] his Land sett out and bounded wth in the Territories of Martin
Brandon he desired these wordℯ might be added, namely, in that
place whereof he was formerly possessed: And further that in the
Habendum of his sayd Pattent after the wordℯ Waters, Riuers, there
might be added these Two wordℯ Marshes, Swamps Cr wch the Court
agreed vnto & ordered the Secrẽ should putt them in.

And touching his Three demaundℯ in his sayd Petic̃on, the Court hath
promised, first that if it shalbe found by any Court Roll, either here
in England, or in Virginia, that the first and ancient Planters should
haue ffiue hundreth acres for a share (as he supposeth), he shall haue
the same proporc̃on allowed him; or if any larger Pattent shalbe
graunted hereafter, he shall haue the like fauour vpon his petic̃on for
ye enlargemt of his.

Touching his second request for some allowance out of ye publiq̢ for
his place of Mastership of the Ordiñnce, as other Officers lately gone
ouer haue had; the Court hath promised, that when the Publiq̢ shalbe
able to spare any men, his request shalbe taken into considerac̃on.

Concerning his Third request for a Comission to the Gouernor &
Counsell of Virginia, to examine the wrongs & detrimentℯ done vnto
him by Sr George Yeardley in the time of his Gouernemt since; & that

vpon proofe thereof made, they may cause him to make restituc̃on;
The Court hath ordered, that direcc̃on shalbe giuen by Lr̃e to the
Gouernour & Counsell there to proceed therein accordingly as is
desired; who shalbe entreated to affoord Captaine Martin all lawfull
fauour, as to iustice shall apprtaine.

The Court being moued for a Pattent for mr Roper & mr ffitzieffories
vndertaking to transport One hundred persons, & being to goe ouer
themselues this next Shipping to Virginia, ordered a Pattent to be
drawne vp for them against the Quarter Court.

Vpon moc̃on for a Comission for ye George for transporting Passen-
gers to Virginia, the Court ordered a Comission to be drawne vp.