University of Virginia Library

CCXCV. Extraordinary Court of the Somers Islands[25]
March 17, 1622/3

[An extraordinary Court held for the Sumer Ilandes on Monday in the
afternoone the 17 of March 1622. Present.

This Cort being appointed by the mornings Cort held in the ffornoone §pur-
posely§ for the examining of the Grievances of the Inhabitantℯ of in the
Sum̄er Ilandes; the ffirst Article §thereof§ was read being this wch
followeth viztt

Wch Article Sr Edwin Sandis says consisted of Two Branches; they The
first, that they haue beene scanted in the nomber of their Ministers.
And the second, that the nomber that haue beene sent, haue beene scanted
in their entertaynemt. ffor the ffirst ffor answeare to the ffirst branch
thereof, he conceaued this to be most meete; (vizt) That the Comp̃ haue
diuers yeares since erected ffoure Personagℯ §there§ (the Iland conteyning
not aboue 13000 Acres of Ground) wth sufficient meanes to entertayne
ffoure able & Learned Ministers; and that they haue from time to time
supplyed the Collony wth sufficient suff Ministers, but the Comp̃ hath
not beene fortunate therein §some of them being dead & other some
going away from hence§; And then as Namely Mr Bridgℯ Mr Lang Mr
Reynes &c. And that this Last yeare, the Comp̃ hath sent ffoure able
Ministers wth sufficient & competent allowance; one of wch it hath pleased
God to take out of this world. So that wthin wthin [1b] these Three yeares
Last past the Company hath sent well and sufficiently prouided & fur-
nished wth all necessaryes the nomber of §at least§ Seauen Ministers.

And for answere to the second part thereof, he sayd it was playne (viztt)
that the Comp̃ hathe allotted to euery Minister 50 Acres of Gleabland
& besidℯ they haue appointed & ordered that after §the Land shalbe
planted§ there shalbe apportioned to them out of the fruitℯ of the earth
& cattle a certaine portion growing & renewing wthin their seuerall parishes
a certayne portion by way of charge vpon euery Share or ffarme; so as to
make vp each Ministers entertaynemt in yt Kinde, to ye value of 100ɫ
a yeare or thereabout; [x x x haue lacke of food as more at large
appeareth:]

And in ye meane time, the Comp̃ hath allotted them at their owne charge
to each Minister two Teñntℯ to plant & manure the s̃d Gleabland to their
best proffitt & advantage; And further that the Comp̃ haue allwayes
beene from time to time at the whole & sole cost & charge for their trans-
portac̃on ye transporting & furnishing of them §out§ wth tooles & other all other necessaryes whatsoeuer.

Wch answere the Cort did well approue of & generally agreed vnto.

[2a] Next was read the Second Article wch is as followeth

wch Article Sr Edwin Sandys said (in his opinion) was adiudged[29] concerned
Mr Edwardℯ, out of whose Accounts it must be gathered what Imposi-
tions he hath receaued §aswell from the Planters Tobacco as ye Com-
panies§ & to sett downe so full & perfect Account §in euery perticuler
ffor§ for he sayd it seemed strange vnto him that §in ye s̃d Article§ they
should make soe great a distinction in 3000ɫ as to say 2 or 3000ɫ hath
beene Leauyed ∥ vpon there tobacko[30] ∥ but that he held it requisite that
it should haue had beene made more playne & the iust some specifyed
of the Leauyes that haue been raysed, & therefore thought it fitt, that
Mr Edwardℯ should be called to an Account; for it seemes that the Com-
pany hath not pursed it, because they are growne so farr in dett. wch
course the Court did well approue & of, & desired that Mr Edwardℯ
might a bring a true & perfect account of all such imposic̃ons as he hath
receaeud.

Next was read the Third Article, being this here following vizt

wch being read, some conceaued that their Complaint in this Article is
§to be§ is for being restrayned §& debared§ of their liberty & freedome
contrary to the Lawes of England & his Matℯ ɫres Pattentℯ graunted
vnto the Company.

But §to this§ Sr Edwin Sandis answered made answere, that for the
Gennerallity the Comp̃ hath ordered & established a forme of Gouernemt
to runn according to the [2b] lawes of England & his Matℯ L̃res Pattentℯ;
as in their printed booke of Lawes app may appeare.

But for these perticulers, he sayd, he could wish that the Planters might
be examined about them; As for §ye first§ to hang a man for the stealing
of a peece of cheese §& nothing else§ he thought it, the most hideous &
vniust thing in the world. And soe likewise for the second done in §the
time of § Capt Tuckers governemt, his desire opinion was, that the Planters
might should likewise be examined. But for the Third perticuler con-
cerning one Stephen Paynter he sayd, that although the two former
grievances concerned §touched§ not the Comp̃, yet this implyes them
some, yet it being done by §vertue of§ the Companies direction direcc̃on
& appointmt as by an order in the Cort booke then read may §might§

appeare, & as he conceaued with good iustice, according to iustice &
equity; (as by an order of Cort then read might appeare) making this
instance §yt§ if a man should breake a mans pondℯ & lett out all his
ffishe, should he be onely Compelled to make satisfacc̃on & recompence
for ye damage done; yes, he should likewise receaue haue some kinde of
bodily punishmt inflicted vpon him for the vniust act it selfe.

[3a] After this Mr Edward presented Three warr in Cort vnto Mr. Deputy
§Three warr̃§ saying, that there was §were§ all that was in his handℯ;
and if the Comp̃ did want any other, they were to demaund them of Mr
Webb.

This done the 5 Article was read (viztt)

vnto wch Mr John ffarrer §Deputy§ answered, that true it was, that at
what rates or prices what soeuer the goodℯ of their Magazine was sold
for §there§ they neuer receaued penny proffitt as yett, nor scare their
Principall.

Mr Edwardℯ sayd that not long since he sent a little Magazine to the
Ilandℯ, & yt some told him

Mr E It was §being§ demaunded §likewise§ of the Comp̃, whither any
of them did euer rate their Tobacco at ijs vjd̴ a pound, it was generally
denyed; diuers affirming that they neuer made 20d̴ a pound of it here in
England. And Mr Palmer sayd that he had §hauing§ asmuch Tobacco
as stood him in xvjɫ, he protested he neuer made §of it§ xvjtℯɫ of it

In the end, this is for answere to this Article, it was agreed that this
should be made §this was agreed vnto, that for rating§ of the Tobacco
the Compa neuer did and that for the rate of 2s 6d the [3b] pound, they neuer
made halfe the money of it. & §yt§ for the goodℯ they sent hither they
neuer had any returnes back againe of scarce their Principall and the
price of Tobacco for ready mony is but 12d̴ or 18d the best in ye Ilandℯ

Next was read the 6 Art vizt

wch Article was adiudged to be a dishonest accusac̃on: & that it is an
impossibility to tax the Compa therewith wthout they canne shewe that
euer the Compa made any such order; for will any man make the sonne
paye the ffathers debt, if he leaues nothing wherewith to pay it, that
was conceaued the a most vnconscionable thing: and for what serues
the Gouernor there, but to see the children of the deceased educated &
brought vp in convenient education & Liuing for food, apparell, & all
other necessaryes whatsoeuer? and therefore this was adiudged by the
mr generally by ye whole Cort to be a most vniust accusac̃on against the
Company.

Mr. Spurrowe sayd, that he hath §hauing§ a freind there in the Ilandℯ,
§he§ who saith; he will not lett his child come from thence, it is * * *[35]
educated & brought vp from for noe good, it ben §because it§ is soe well
brought vp & educated, hauing §and hath§ all things fitting & necessary.

At

[4a] [several lines blank]

The next Article

Next was read the 4th Article, viztt

wch done, Mr Meuerrell sayd, that the Bayliffs office & duety was, to
haue performed & executed the busines they that they should haue beene
appointed to haue done: and for their labours §& paynes therein§ they
was to receaue the Thirtithe of part of Tobacco: But they hauing not
performed their place & office, he conceaued wch they hauing not done;
he conceaued that that Article touched not ye Compa in ye least respect.

Sr Edw: Sandis s̄d it was true that the Bayliffs &c.

[4b] Mr Robertℯ said, that the alterac̃on of the Bayliffℯ office came from
themselues, for that they did not performe their busines as they ought to
haue done: & §that sayd that§ when the Compa did send them notice of
it, they writt back * * * agayne §vnto them§ that they would serue
Gratis, onely to haue the bare name of a Bayliff.

At length it was agreed & ordered that the Compa books should be examined
§to see§ by what authority this Dutton was sent ouer to the Sum̄er Ilandℯ,
& what agreemt was made wth him, & vpon what ground his allowance
was taken from him.

Next was read this Article (viztt)

wch done, Sr Edw. Sandis sayd that §heretofore§ there was such a Propo-
sic̃on §made§ to that effect; but it was neuer putt in execuc̃on; for the
Company did much complayne thereof, vtterly disliking it, & would by
noe meanes agree therevnto.

Mr Scott sayd, that he hath §had§ made certen couenantℯ & agreemtℯ
wth his Tenantℯ in the Ilandℯ; notwthstanding he gaue them leaue to barter
& sell their Comodityes as they could would themselues: And §But§
sayd likewise that he conceaued it was reason, that their Tenantℯ there
should send & consigne ouer their goodℯ ouer vnto them vntill their sat they were satisfyed & repayd backe againe the charges that they were att
for the transporting & sending of them ouer.

At length it was desired that the Cort would appoint some to drawe vp
an answere, & that a coppy thereof might be sent to ye. Ilandℯ Where-
vpon the Cort nominated Mr Deputy & Mr Hobbs who are desired to
drawe it vp & present it to the Cort.]

[Indorsed (By J. D.):] Summer Ilandℯ Courte ye 17th of March 1622.