Selected quad for the lemma: justice_n
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A66818
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A short collection of the most remarkable passages from the originall to the dissolution of the Virgina company
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Woodnoth, Arthur, 1590?-1650?
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1651
(1651)
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Wing W3243; ESTC R8866
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15,816
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26
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disaffection to the work and this proved an answer appearingly well received by the King Now had the Company a little leasure from the stormes or inquisition of the Councell Bord whilst neverthelesse particular persons of all ranks and divers under the countenance of those disaffected Lords others were faln from the true sense and justice of the work chiefly intended But it was not long before Sir Lionel Cranfield presently after E. of Middlesex about the time of his approaching to be L. Treasurer seemed seriously to renue his former professed contemplation of affection to the work of this Plantation with many reasons and instances of his well-wishing and â—t last made this specious overture It is a misfoâ—tune saies he not to be avoided that whilst the Plantations in their present infancy have their whole subsistence by the trade of tobacco the Kings necessities casting him upon all and any ways for advancement of his revenue a tender is made of more then 20000. l. per annum for the whole importing and sale thereof and when the Virginia or Summer-Islands Company offer to plead their freedom in the case the Lawyers say it is a poisonous drug which the King might justifie to banish or burn and not to be accounted as a staple or nationall commodity in which case it was in the Kings power to doe his pleasure in any sort concerning the same But to comply for the advantage of the Plantation the Company might and should if they pleased have the sole importation to them and in their mannaging for 20000. l. per ann. And to make his zeale and care appeare for the prosperity of this great and pious work he would put the Company into a way whereby 200000. l. more should bee gained over and above the Rent to recompense their want of supplies by the Lottery or by the freedome of their owne Tobacco from the necessitated height of custome And further declares that their providing for the Kings interest in so fixed a rent would make him every way capable and assistant to all their future endeavoursâ— which by some collaterall means bending a great part of the most diligent adventurers of the Company to comply with this Proposition some conceiving they should find a better glyde in the businesse others to have some advantagious imployment in the mâ—naging of the Tobacco farmeâ— and these considerations by way of result promoted by severall stirring spiritâ— on Middlesex his grounds the contract seemed concluded and the managing paâ—ts designed to special persons When assoon almost it was appâ—rent that nothing of good was intended towards the Company for now many base false suggestions were raised against the E. of Southampt Sir E. Sandys and others not a little aggravating in the minds of many ingenuous persons who had no beleef in such loosening of legal interest by Patent the just ground of the whole undertaking which with many lurking and distributed inventions diverted and broke the contract whilst the subtilty of Cranfield advanced the same fâ—rm with avowed neglect of the Company and persons adhering therâ—unto And when the greatest disturbance on this and other occasions had wrought the members of this Company into eminent distraction a Commiâ—â—ion and Instructions by way of inquisition were issued with power â—o Judg Iâ—nes Sir Henry Spiller c. to examine the proceedings of the Viâ—ginia and Sommer-Iâ—lands Company as especially of the E. of Southampton and Sir E. Sandys which howsoever strictly and strangely carried as when a Noble person asked the Judge how he that was sworn to the laws durst own proceedings in that nature his answer was openly There was one law of the land but another law of the Kings Commissions yet many days and weeks of the inquiâ—â—tion or persecution discovered no unworthinesse against them or any other of their consorts After this the Councell Company Adventurers and Planters for Virginia conceiving their estate and condition grown more hopefull having pâ—st through the fire of such severall rigorous inquisitions and the undertakâ—râ— having farre engaged therein a great rise of confidâ—nce and assurance appeared generally as a renewing incouragement But their sedulity and fervency was suddenly quasâ—t by a Quo Wâ—rranto brought in the Kings Bench against their Pâ—tent And notwithstanding it was more then presumed by some that the most rightfull contest or waging in a legal way would be fruitlesse yet the Company by vote and order thereupon entertained counsell of the best Lawyers they could get and resolved to spend the remaining part of their stock and cash to plead their cause to a due issue when also some good number of unknown persons sent in mony plate and jewels to animate and assist so just a defence as this Companies right and interest whilst many could not but conceive and fear the example might be most pernicious in other câ—â—es Yet nevertheless before the end of the same term a judgment was declared by the Lord Chief Justice Ley against the Company and their Charter only upon a failer or mistake in pleading Which destroyed the hopes of all that lookt in a just righteous way towards that pious and publick work of Plantations What was after prosecuted by force of the Kings Commissions may appear by others who have thought fit to embrace hope under such constitutions Through the calamity of the forementioned sentence very many honest and worthy persons declining to act under the Kings â—ommissâ—oÌ„-laws suâ—â—cased from their exemplary industâ—y towards Plantations only the Company of Bermudas dependent and derived by particular purchase and for valuable consideration from the Virginia Company with conâ—irmation by speciall Charter under the great Seal persisted in greater hope and confidence by reason their chief undertakers were Eâ—rls Lords and others of qualiâ—y but most of them failing in short time either by complyance or neglect the care of this Plantation fell into the hands of some Members of the Company lesse considerable as to Court-interest and qualification noâ— without discouragement in the generall which was the more dispersed by divers suggestions as that those Islands had been declined or forsaken by the Spaniards because they had found the place to bee only a â—hell or shoale of â—ocks that had contracted a small thicknesse of earth by the falling of leavâ—â— from the trees and hearbs growing up between the rocks which a short time would wear outâ— and quickly discover the folly of those that pretended to plant upon that soil and that if any further thought should be to fortifie thereon or have shipping there in probability to offend or interrupt the Spaâ—iards interest or trading in those parts their power in the Wâ—st-Indies would be sure to ruin all that the English had effected bâ— whatsoever charge of any particular Company unless the King would undertake to back them with his power whereunto hee seemed utterly averse Neverthelesse by the incessant good indeavours of some few worthy Patriots seasonably assisted by Sir Iâ—hâ—
and other American Plantations in expectation to be added therâ—untoâ— from the ampliâ—ude of a lâ—â—eâ— Patâ—nâ— fâ—r comprâ—hending a â—umbâ—r of othâ—r Islands as well as the Bermudas within the limitation of the Virginia Plantation And now it was advertised from the E. of Somerset the then Favourite and Favourâ—r of the Englâ—sh râ—ghts that he understood by confident intelligence that the Spaniards hâ—d a design about a certain time of thaâ— yeer to attâ—mpt the seizing of that â—â—land because it was wholly unprovidâ—d of powder and ammunition apprâ—hended as at this time wiâ—hout viâ—ible possibility of present suppliesâ— But it plâ—asâ—d God through the neâ—lective way of Sir Tho. Smith the goveâ—nmâ—nt of the Island was disposed into the hands of one Mâ—re who upon sight of two Spanish Vessells of good burden approaching towaâ—ds the chiâ—f Castle at the entrance of the Port got powder and shot for the charging only of two peeces of Artillery which levelled and discharged neer at once upon those ships The Commander thinking himself betrayâ—d because he was assured hee should find no manner of ammunition weighs anchor and seâ—s sail away from thenceâ— as the first return of shipping â—rom the â—â—rmudas made clâ—er unto the Company c. This happy escape aggravating the omission or corruption of Sir Tho. Smith seemed to revive and give a new vigour â—o the Partners in this Plantation and there being nothing of more speâ—dy advantage on the place for return to the owners and adventurers then the planting and transporting of Tobacco whilst it might be imported as from Virginia for 5 percentâ— for their custome great store thereof was made and preparing when upon some tender of a large râ—nt for the sole sale of Tobacco an order of the Councell Bord did impose paymâ—nt of the highest custome as to thirty or forty in the hundred upon the Bermudas Tobacco proportionably with all other notwithstanding the â—â—emption within their Paâ—â—nt which with other things much intrâ—nching upon the â—ightâ— and priviledges of the Adventurers gave occasion of a through consultation of the Earls Lords Gentlâ—men and â—â—râ—hantâ— concerned and in conclusion caused an addresse of themsâ—lveâ— personally desiring audience of K. Iames which being attained and prosecutâ—d by the society oâ— the Earlâ—s of Pembrooke Southamptâ—n and othâ—rs the Lord Cavendish being appointed to expresse the nature of complaint and appeale to the King his Lordship had no sooner eâ—â—red into the matter but that his Majâ—sty began to shew much discontent and with much adoe was drawn to any patience which gave much disâ—ouragemâ—nt in the case and prevented the declaring of the most just cause of importunity appointed to my Lord Cavendish when Sir Iohn Danâ—ers fell on his knee and besought the King to hear him as the first time hee ever had the honour to speak unto his Majesty in a serious businesse and having leave he stoutly inculcated that point of justice which could not be denyed at which the King flang away in greater passion insomuch that the Prince who is now King drew Sir I. Danvers aside as in favor to him desiring he would urge the King no furâ—her and undertâ—ok to speak with Sir I. Danvers and accordingly to move the King at some other time which was unperformed though more then once desired by Sir I. Danvers According to which course or vogue of State some Lords and others though Members of the same Company tâ—ok up speciouâ—ly the corrupt interest of those that had been formerly â—onstituted and imployed in places aâ—fairs oâ— trust belonging to these Plantaâ—ions as some of the former Governours sent in time of Sir Thomas Smiths Government either to Virginia or the Bermudas c. who bâ—ing concurrently obnoxious in point of Account were as firmly supported by him and his friends with the Spanniolized â—action of the Councell Bord and the Kingâ— Bed-chamber Which proceedings excited the better and more consâ—ant faithfull party to the more carefull and laborious peâ—severance when the prospering of the undertaking towards so great an addition of Dominion was from time to timâ— interrupted as about this time by Quaeres to the number oâ— two or three and thirty from the Councell Bord by the Kings speciall appointmentâ— pretending great care that such numbers oâ— his subjectâ— gone to the Plantations might bee circumstantially providâ—d â—or in their laws freedomes c. These Quaeres sent on the Saâ—uâ—day were to bee satisâ—ied the Tuesday followingâ— at sitting of the Councell in the afternoon The Loâ—d Caâ—eâ—dâ—shâ— Sir â—dwin Sandysâ— Sir Iâ—hn Danvers and Mr. Niâ—hâ—laâ— Farrar meeâ—ing by appointment of the Company with power to câ—nâ—ider and present what they should â—ind pertinent therein â—ound a hard â—aâ—ke to answer so many particulars in so sâ—â—â—t time Yet â—inding that the truths câ—uchâ—d or exemâ—liâ—â—ed in the â—eiger-books of the Company would sâ—tiâ—â—â—e the Qâ—aeres and objâ—ctiâ—ns thereupon Mr. Farrar desired the buâ—ineâ—â—â—â—nd sâ—â—rch might be divided into 4 partsâ— wherein hee would take that of greatest labour which waâ— concluded bâ— the other thrâ—e and accordingly brought togeâ—her the Tueâ—dâ—y morningâ— and presented to the Counâ—â—ll Bord in the â—fternoon and gave the Lordâ— a most unexpected satisfaction as was confessed When by way of congratulation it was proposed that now there was so great numbers and Trade like to follow in that Plantation some care might be taken for their safety by special fortifications an account thereof made to the King Whereupon it was ordered at the Bord that William Earl of Pembrooke Southampton and other Lords of the Councell and Company for Virginia should make enquiry and acquaint his Majesty of what was and would be done in that point for preservation of the lives of his subjects against enemies either Natives of Virginia or others since hee had vowed that if he had not satisfaction therein he would think himself bound to take the whole government and the appointing of Governours into his own hands Which occasioned the calling together of a Councell for Virginia of all that were neer who as they cleerly saw the desperate malignity of the Secret-Court-Spanish party so often appearing in persecution of this Plantation so had they a great apprehension the King could not be easily satisfied since the Companies treasure was exhausted and there was little hopes of more contribution or Adventurers whilst they lay under such discouragement Sir Iohn Danvers remembring some notion of hope and looking over the books of Letters from Virginia hee observed that throughout the year past there was never lesse then 17 saile of shipping in Iames River the heart of the Plantation inferring that if the Kings fairer complyance should keep the Company in the same encouragement the strength of so many floting Forts in that flat scituation would be equivalent to if not exceeding any possible speedy fortification which the E. of Pembrooke c. conceived fully sufficient to satisfie the King if he had not an inveterate